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HomeMy WebLinkAboutRes 47-93 12/07/1993 AF/ 12/3/93 RESOLUTION NO. 47-93 A RESOLUTION AMENDING RESOLUTION NO. 32-93 AUTHORIZING A RESTRICTIVE COVENANT FOR PROPERTY COMMONLY KNOWN AS THE ELMHURST PLACE SUBDIVISION WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect did adopt Resolution No. 32-93 entitled "A Resolution Authorizing Execution of a Restrictive Covenant for Property Commonly Known as The Elmhurst Place Subdivision (1000 North Elmhurst Road); and WHEREAS, the legal description of the property being the subject of Resolution No. 32-93 included a 7 lot subdivision; and WHEREAS, the number of lots has been reduced in the Elmhurst Place Subdivision from 7 to 6 single family lots. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor and Board of Trustees of the Village of Mount Prospect of the Village of Mount Prospect do hereby amend Resolution No. 32-93 by substituting therefor the following legal description for the Elmhurst Place Subdivision: Lots 1, 2, 3, 4, 5 and 6 in Elmhurst Place Subdivision, being a Resubdivision of Lots 1, 2, 3 and 4 in Block 6, Wedgewood Terrace in the East 1/2 of the Southwest 1/4 of Section 27, Township 42 North, Range 11, East of the Third Principal Meridian, as per plat thereof recorded as Document No. 13732148, in the Office of the Recorder, Cook County, Illinois. SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Clowes, Corcoran, Hendricks, Hoefert, Skowron, Wilks NAYS: None ABSENT: None PASSED and APPROVED this 7th day of December . 1993. . Gerald L. Farley, May6r .///' ATTEST: Carol A. Fields, Village Clerk 94926 o DECLARATION OF COVENANTS AND RESTRICTIONS 1~ FOR ELMIII3RST PLACE SUBDIVISION This Declaration made this 30~ day of November, 1993 by NAUERT BUILDERS; INC., an Illinois Corporation, hereinafter called the Declarant; WHEREAS Declarant is the owner of the real property described on Exhibit A attached hereto; and WHEREAS Declarant is desirous of subjecting said real property to the conditions, covenants, restrictions and easements hereinafter set forth which are individually and collectively for the benefit of said property and each owner thereof and shall run with the land, to be held, sold and conveyed subject thereto. NOW THEREFORE IT IS HEREBY DECLARED that the following covenants and restrictions shall apply to and run with the land for a period of twenty (20) years, and shall thereafter be automatically renewed for successive ten (10) year periods unless within thirty (30) days prior to the end of said twenty (20) year period or within thirty (30) days prior to any subsequent automatic extension thereof, there is filed with the Recorder of Deeds of Cook County, Illinois, a declaration amending this Declaration of Covenant and Restrictions or abolishing the same, executed by the fee owners (excluding Mortgagees) representing two-thirds (2/3) in number of the lots in the subdivision to which these Covenants and Restrictions apply and the Village of Mt. Prospect, Illinois. 1. No improvements shall be made in or upon the water detention area easements as described in the Plat of Subdivision except for landscape installation of trees, shrubs, bushes and grass and the installation of underground utilities. 2. Each owner or purchaser shall be responsible for maintaining the water detention area easements applicable to his lot in such a manner as to insure the free and uninterrupted flow of storm water through the drainage system of the subdivision, and shall not destroy or modify grades or slopes without having first received prior written approval of the Village of Mt. Prospect, Illinois. 3. In the event any owner or purchaser fails to properly maintain the water detention area easements, the Village of Mt. Prospect, Illinois, shall, upon ten (10) days prior written notice, reserve the right to perform or have performed on its behalf, any maintenance work to or upon the water detention area reasonably necessary to insure adequate storm water storage and free flow of storm water through the water detention area easement· 4. In the event the Village of Mt. Prospect, Illinois, shall be required to perform or have performed on its behalf, ny maintenance work to or upon the water ~e~ntion area easement, the cost thereof together with all other expenses, including, but not limited to, reasonable attorneys fees shall be assessed against the owner or purchaser. If said amount is not paid within thirty (30) days the cost shall, upon recordation of a Notice of Lien constitute a lien against the lot or lots upon which maintenance work has been performed which may be foreclosed by an action brought by or on behalf of the Village of Mt. Prospect, Illinois. 5. Each covenant and restriction set forth herein is for the benefit of, and may be enforced by, each lot owner in the Elmhurst Place Subdivision and the Village of Mt. Prospect, Illinois, which covenants and conditions are intended and shall run with the land and title to the lots in the Subdivision. IN WITNESS WHEREOF the Declarant has executed this instrument on the day and date first above written. NAUERT BUILDERS, INC. Gene N. Nah~t, President ATTEST: Michael Nauert, Secretary STATE OF. ILLINOIS) )SS COUNTY OF COOK ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, do hereby certify, that Gene N. Nauert, personally known to me to be the president of NAUERT BUILDERS, INC. and Michael Nauert, personally known to me to be the Secretary of said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Secretary they signed and delivered the said instrument pursuant to authority by the Board of Directors of said corporation, as their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the purposes and uses therein set forth. GIVEN under my hand and Notarial Seal this ~ day of Notary Public My Commission Expires: ~3My Commission Expires I I/l 3/961! 6 EXHIBIT A TO DECLARATION OF COVENANTS AND RESTRICTIONS FOR ELMHURST PLACE SUBDIVISION The legal description of the real property subject to this Declaration is: Lots 1 through 6, both inclusive, in ELMHURST PLACE, being a re-subdivision of Lots 1, 2, 3 and 4 in Block 6 in Wedgewood Terrace, a subdivision of part of the East half of the Southwest quarter of Section 27, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. Permanent Index Numbers: 03-27-306-010 03-27-306-011 03-27-306-012 03-27-306-007 Commonly known as: 1000-10 Elmhurst Road Mt. Prospect, Illinois THIS DOCUMENT PREPARED BY: Edmund P. Boland CAREY, FILTER, WHITE & BOLAND 33 West Jackson Blvd./5th Floor Chicago, IL 60604 OEPT-O il $25. O0 T~4444 TR~N 26,7,~, 011o?/94 COOK COUNTY RECORDER REST~JCTI~E COVENANT BY ~ BE~EEN ~ ~GE OF MO~T PROSPEr, ~L~O~ ~ ~ OW~R-DE~LOPER OF ~RT~ PROPER~ W~ S~ ~GE ~G~G CO~ON OF ~Q~D P~LIC ~RO~S PERTA~G TO ~ DE~LOP~NT OF SA~ PROPER~ 1~100~1~100~1010 No~ ~mhu~t Road WI~RKAS, pursuant to the provisions of'Chapter 16 entitled "Development" of the V'dlage Code of Mount Prospect, Illinois certain public improvements are required to be constructed and installed by owners and developers of property within the Village. as part of the approval for the development of such property; and WI~RKAS. the schedule for accomplishing the construction end installation of such public improvements by the owner-developer of the property under development is often in conftic~ with other public improvement projects adjacent to or within the vicinity of said property so as to render the accomplishment of such public improvements by the owner-developer to be practically or economically unfeasible until the same can be combined with or scheduled so as to conform with such other public improvements affecting the subject property under development; and WI~ such other public improvement projects are administered by the Village. County or State. officials over which the owner-developer has no control, and in some instances those improvements to be accomplished by the owner-developer with respect to the property under development cannot be completed until the other improvements under V'tllage. County or State control have been accomplished; and WI~.RKAS. under such circumstances, it is deemed to be inequitable to delay development of the property under development or to require the owner-developer to establish a cash escrow. letter of credit or improvement bond for the purpose of guaranteeing the completion of required public improvements due to the delay caused by the intervening or subsequent accomplishment of other public improvement projects under administration and control of the Village. County or State; and WI~RKAS. Chapter 16 of the V'~lage Code of Mount Prospect. Hll,ois provides that in lieu of a cash e~row, letter of credit or developme~ bend. the owner-developer may execute a restrictive covenant to be recorded and to ~un with the land as a guarantee that the requffed public improvements shah be completed with respect to the proper~ under development. 949 153 RETURN TO 90X 68 9 4 O NOW, TI~REFORE, in accordance with the provisions of the said Chapter 16 of the Village Code of Mourd Prospect, Illinois, the Undersigned, Owner-Developer does hereby covenant with the Village of Mount Prospect, an Illinois municipal corporation, as follows: 1. The Undersisned is the Owner and Development of the following described property within the Village of Mount Prospect, minois, to wit: Elmhurst Place, being a Resubdivision of Lots 1, 2, 3, and 4 in Block 6 in Wedgewood Terrace, a Subdivision of part of the east one lmlf (I/2) of the southwest quarter (1/4) of Section 27, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. 2. A plan of development of the described property by the Undersigned has been approved by the Village of Mount Prospect, which approval includes the completion of the following public improvements contained in and provided as a part of the plans, to wit: The installation of street fighting on Elmhurst Road only, according to State of Illinois and V'~lage of Mount Prospect Code when requested to do so by the Village of Mount Prospect. 3. For a period of twenty (20) years commencing from the date hereof, the Undersigned shall undertake the above-stated improvements with sixty (60) days after being so advised by the V'~lge of Mount Prospect to con-anence such construction and installation work, and shall oontinue said work without interruption or delay, until the improvements are completed in a satisfactory manner and in accordance with Village plans and specifications pertaining thereto. 4. This Covenant to complete the said public improvements as herein contained shall run with the said property; and for the period of time as set forth herein. Nothing in this Covenant shall in any way prevent the alienation or sale of the subject property or any portion thereof, except that said sale shall be subject to the provisions hereof and to the plan of development pertaining to the property, and the new owner shall be both benefited and bound by the conditions and restrictions herein expressed. - 2 5. This Covenant shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns in title and interest and the provisions hereof shall be enforceable in a proceeding at law or in equity against the person or persons seeking to violate the same including an action for injunctive relie~ specific performance orto recover damages or other fines and penalties as may be established in such violatiot~ In the event that the owns-developer of the subject property fails to complete the required improvements or pay a proportionate share of the required improvements by other contractors within the specified time periods herein, the value of such improvements shall be entered as a lien against the property due and payable within sixty (60) days after notification to proceed with the improvements. IN WITNESS WlClI~REOI~, the parties hereto have set their hands and seals this day of De ¢ e,,' , OWNER-DEVELOPER OWNER-DEVELOPER VILLAGE OF MOUNT PROSPECT, ILL~ $25.00 ATTEST: ?""~-- ~T~,44_,44 TRAN j~:~3 01/07/94 l:t~ 14~00 COOK C~NTY RECORDER ~.I.AGE ~ ~ R~ E~te ~d~ Nos, 03-27-3~007; 03-27-306~10; 03-27-3~011; ~d 03-27-3~012 - 3 - EASEMENT AND MAINTENANCE AGREEMENT THIS AGREEMENT made as of this 30~ day of November, 1993 by and between KURT ASPEN and DARLENE ASPEN, his wife ("Grantors"), and NAUERT BUILDERS, INC., an Illinois Corporation ("Grantee"). The following recitals of fact are a material part of this instrument: A. The Grantors are the owners of a tract of land described as follows and hereafter referred to as "Parcel 1": Lot 5 in Block 6 in Wedgewood Terrace, a subdivision of Part of the East half of the Southwest quarter of Section 27, Township 42 North, Range 11, East of the Third Principal Meridian in Cook County, Illinois. Permanent Index No. 03-27-306-006 B. The Grantee is the owner of a tract of land described as follows and hereafter referred to as "Parcel 2": Lots 1 to 4 inclusive in Block 6 in Wedgewood Terrace, being a subdivision of part of the East half of the Southwest quarter of Section 27, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. Permanent Index Nos. 03-27-306-010 ~0375 03-27-306-011 03-27-306-012 03-27-306-007 Commonly known as: 1000-10 Elmhurst Road Mt. Prospect, Illinois C. The Grantors wish to grant and the Grantees wish to receive an easement over, along and across that part of Parcel 1 described as follows and hereafter referred to as the "Easement Parcel": All that part of Lot 5 lying Northeasterly of and adjoining a line drawn from a point on the Northwesterly line of said Lot 5, said point being 60.0 feet Southwesterly of most Northerly corner of said Lot 5, to a point on Southeasterly line of said Lot 5, said point being 54.64 feet Southwesterly of the most Easterly corner of Lot 5 aforesaid, all being in Block 6 in Wedgewood Terrace, a subdivision of part of the East half of the Southwest quarter of Section 27, Township 42 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois. LE SE REIURN TO q7-73 NOW, THEREFORE, in~i~!c6hsi~e~at~n~o~O~ ~nd~Nu/100 Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following grants, agreements, covenants and restrictions are made: 1. The Grantors hereby grant to the Grantee, its successors and assigns, as an easement appurtenant to Parcel 2, an easement for serving Parcel 2 and other property with storm water drainage, and detention, to install, operate and maintain and remove from time to time, facilities and equipment used in connection with the storm water drainage and detention system, together with the right to cut, trim or remove any trees, bushes and roots as may be reasonably required incident to the rights given herein, and the right to enter upon Parcel 1 for all such purposes. 2. Grantors covenant and agree that no objects or obstructions shall be placed in, upon or over the easement Parcel without the prior written consent of Grantee and the Village of Mount Prospect, Illinois, nor shall the grade of the easement parcel be altered in a manner so as to interfere with the proper operation and maintenance of the storm water drainage and detention system provided that Grantor may install shrubs, bushes and grass for landscaping purposes. 3. Grantor agrees to be responsible for maintaining the storm water detention area on Parcel 1 as shown on the engineering plans dated November 10, 1993, and approved by the Village of Mt. Prospect for the Elmhurst Place Subdivision in such a manner as to insure the free and uninterrupted flow of storm water through the drainage system of the Wedgewood Terrace subdivision and shall not destroy or modify grades or slopes without first having received written approval of the Grantee and the Village of Mount Prospect, Illinois. The provisions of this Agreement, including the benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the heirs, successors, assigns and personal representatives of the parties hereto for a period of twenty (20) years from the date this document is recorded, after which time such provision shall be automatically extended for successive ten (10) year periods unless the fee owners (excluding Mortgagees) representing two-thirds (2/3) in number of the lot owners in the Elmhurst Place Subdivision to which this instrument applies and the Village of Mt. Prospect shall file in the office of the Recorder of Deeds of Cook County, Illinois, a written statement, so signed and duly acknowledged prior to the end of such initial period or renewal period stating that such easements and restrictions shall be revoked or amended as specified in said written statement, effective at the end of such initial period or renewal period or on the date specified in the written statement. 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and date first above written. GRANTORS: GRANTEE: NAUERT BUILDERS, INC. Kurt Aspe~ ~ ~ { President ATTEST:~ Secretary TATE OF ILLINOIS) ) COUNTY OF COOK ) I, the undersigned, a Notary Public in and for said County and State aforesaid, do hereby certify that Kurt Aspen and Darlene Aspen, his Wife, personally known to me to be the same persons whose names are subscribed to the the foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this 3o~ day of Notary Public My Commission Expires: ///t3/q~ ....-:~w~a,.v~e~t~. ~'~ OF,. iUIAL SEAL ~ Lorlda L. Nauert STATE OF ILLINOIS) ~ Notary Public, StateofIlhnms ) SS ~iMy Commission Expires 11/13/96~ COUNTY OF COOK ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, do hereby certify, that GENE N. NAUERT, personally known to me to be the President of NAUERT BUILDERS, INC. and MICHAEL NAUERT, personally known to me to be the Secretary of said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Secretary they signed and delivered the said instrument pursuant to authority by the Board of Directors of said corporation, as their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the purposes and uses therein set forth. Notary Public My Commission Expires: ///t,.~ /~ it OFt'ICIALSEAL ~,~ L0rida L. Nauen ~ Notary Public, State of Illinois ~My Commission Expires Il/13/96~ THIS DOCUMENT PREPARED BY: Edmund P. Boland~<~<<<<<<~<<~< , CAREY, FILTER, WHITE & B~ 33 W. Jackson Boulevard/Sth Floor Chicago, Illinois 60604