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HomeMy WebLinkAboutRes 18-92 06/02/1992CAF/ 6/12/91 RESOLUTION NO. 18-92 A RESOLUTION AUTHORIZING EXECUTION OF A RESTRICTIVE COVENANT FOR PROPERTY LOCATED AT 228 AND 230 SOUTH PRAIRIE AVENUE ~MALAPANES SUBDIVISION) WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have considered the request of James Malapanes (owner of the Subject Property) to subdivide property commonly known as 228 and 230 South Prairie Avenue (Malapanes Subdivision), legally described as follows: Lots 1 and 2 in Malapanes Subdivision of the North 151 feet of the East Half of the South Half of the West Half of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter of section 10, Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois ~nd WHEREAS, Chapter 16 (Development Code) of the Village Code of Mount Prospect requires installation of street lights in conjunction with the subdivision and development of property; and WHEREAS, in certain instances the installation of public improvements, including but not limited to street lights, is not feasible at the time of development, however, in order to guarantee installation of the requirement public improvements at a future date the Village will accept Restrictive Covenant executed by the owner; and WHEREAS, the Petitioner has submitted a request to waive the requirement to install street lights in conjunction with th~ development of the Subject Property and has expressed a desire to execute a Restrictive Covenant guaranteeing installation of the public improvements at a later date; and WHEREAS, the Mount Prospect Plan Commission did consider the request to permit the installation of street lights on Euclid and River Roads at a future date and the Plan Commission has submitted its recommendation to the Village Board to authorize a Restrictive Covenant, which Restrictive Covenant shall be recorded against the subject property insuring installation of street lights at such time as the Village deems appropriate; and WHEREAS, the Mayor and Board of Trustees have determined that the best interests of the Village would be served by having the developer enter into a Restrictive Covenant, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A", guaranteeing the installation of specified improvements at such a time as deemed reasonable and proper. 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 recitals set forth hereinabove are incorporated herein as findings of fact by the Mayor and Board of alapanes Restrictive Covenant Page 2 of 2 Trustees of the Village of Mount Prospect. SECTION TWO: That the Mayor and Board of Trustees do hereby authorize execution of a Restrictive Covenant, a copy of which Restrictive Covenant is attached hereto and hereby made a part hereof as Exhibit "A", for property commonly known as 228 and 230 South Prairie Avenue. SECTION THREE: That the Village Clerk is hereby directed to record with the Recorder of Deeds or Registrar of Titles, whichever is applicable, a fully executed copy of the Agreement being the subject of this Resolution. SECTION FOUR: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Busse, Clowes, Hoefert, Wilks, Floros NAYS: None ABSENT: Corcoran PASSED and APPROVED this 2nd day of June , 1992. ~arley · Mayor // ATTEST: / Carol A. Fields Village Clerk