HomeMy WebLinkAboutRes 13-59 04/07/1959
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RESOLUTION NO. /3. J'1
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~ "'\ A RESOLUTION AUTHORIZING THE RELEASE
'b' OF A RESTRICTIVE COVENANT PERTAINING
J TO LOT: '$ IN flJAPLE CREST SUBDIVISION
IN THE VILLAGE OF MOUNT PROSPECT,
COOK COUNTY, ILLINOIS
WHEREAS, title to the below-described property was
conveyed to the Village of Mount Prospect by quit claim
deed from the Western National Bank of Cicero as Trustee
under Trust #1686, dated October 28, 1958 and recorded
with the County Recorder of Cook County, Illinois, as
document #17360467 on October 28, 1958:
Lot 4, MAPLE CREST SUBDIVISION, being a sub-
division of part of the Northeast quarter
(NEt) of Section 34, Township 42 North,
Range 11, East of the Third Principal Meri-
dian, in Cook County, Illinois.
; and
WHEREAS, the owner of the remaining lots in the
aforesaid Maple Crest Subdivision has requested the
Village of Mount Prospect solely as property owner to
join in the execution of a declaration abrogating a
restriction as follows:
"DECLARATION ABROGATING RESTRICTION
WHEREAS, the VILLAGE OF MOUNT PROSPECT, a
municipal corporation of the State of Illinois,
is the owner of Lot 4 and the WESTERN NATIONAL
BANK OF CICERO, a national banking association,
as Trustee under Trust Agreement dated July 1,
1957 and known as Trust No. 1686, is the owner
of all of the balance and remainder of the fol-
lowing described property:
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BOOK57286PAGE lB
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Lots 1 to ~;: inclusive, in Maple Crest
Subdivision, being a subdivision of
part of the Northeast Quarter of Sec-
tion 34, Township 42 North, Range 11,
East of the Third Principal Meridian,
in Cook County, Illinois, and
WHEREAS, heretofore a certain plat of said sub-
division was recorded in the Office of the Recorder
of Deeds of Cook County, Illinois, as Document No.
17360466, and that on said plat there appeared the
following restriction or restraint:
'Lot 3 shall not be alienated, trans-
ferred, devised, bequeathed or
assigned in any fractional share
thereof or to more than one grantee
or assignee thereof in any part it
being understood this restriction
runs with the land and shall bind all
grantees, assignees or successors in
title to said Lot 3.'
NOW, THEREFORE, it being the desire of the
parties hereto to abrogate and cancel said restric-
tion, they declare as follows:
1. The parties hereto are the owners of all
of the land contained in the subdivision known as
-
owners besides the parties hereto.
2. The parties hereto do hereby declare that
the aforesaid restriction and restraint, shown on
the aforesaid plat and recorded as Document No.
17360466 restraining the alienation and transfer
of fractional shares in Lot 3 of said subdivision
be from this date forward void in all respects and
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Maple Crest Subdivision, and there are no other
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that said restraint and restriction, as shown on
said plat, is hereby by the parties hereto cancelled
and abrogated.
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BOOK57286PAGE 17
IN WITNESS WHEREOF, the WESTERN NATIONAL BANK OF
CICERO, as Trustee under Trust Agreement dated July 1,
1957 and known as Trust No. 1686, has caused its cor-
porate seal to be affixed hereto and has caused these
premises to be executed by its vice-president
and assistant secretary and the VILLAGE OF
MOUNT PROSPECT, ILLINOIS, has caused these premises
to be executed on its behalf by its President and the
Village Clerk and the seal of the Village affixed
hereto, this tfI, day of ~( , 1959.
\illSTERN NATIONAL BANK OF CICERO,
as Trustee under Trust Agreement
dated July 1 1957 and known as
Trust No. 1686, and not indivii ually
By Joseph Boucek
~,-r V1ce-Pres1~ent & Trust
l\~ Louis F. Forst
Assistant Secretary
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VILLAGE OF MOUNT PROSPECT in its
capacity solely as owner of Lot
4
By
WHEREAS, Brickman Home Builders, Inc., has by letter
dated March 10, 1959, submitted to the Village of Mount
Prospect a plan of developments which said Brickman Home
;Builders proposes to make in the aforesaid Lot 3 of Maple
Crest Subdivision and has offered to provide and maintain
a sign designating the private street thereon as a
"Private Road", to maintain and repair the said street
and parking areas, and to remove snow and ice therefrom
in accord with the said letter; and
Officer
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WHEREAS, Western National Bank of Cicero, as Trustee
under Trust #1686 has executed under date of /VI,~ t h ,
19~ a "Declaration of Easement and Covenant" which is
to be memorialized of record; and
vrHEREAS, the Manor Service Company, a public utility
organized and existing under the laws of the State of
Illinois has, by letter dated March 10, 1959, offered to
maintain, repair and operate all sewer or water lines,
pipes and appurtenances installed in any part of the
aforesaid Lot 3 and to pay the Village of Mount Prospect
the customary rate for water furnished by the said
Village to such utility company for distribution within
the said Lot 3 in accord with the said letter; and
WHEREAS, the President and Board of Trustees of the
Village of Mount Prospect have considered the aforesaid
request and have determined that in consideration of the
promises contained in the letters cited above that it is
in the best interests of the Village of Mount Prospect
to honor said request by joining solely as property
owner in the execution of the aforesaid Declaration as
owner of the said Lot 4,
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NO\^l, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK
COUNTY, ILLINOIS:
Section 1: That the President and Village Clerk of
the Village of Mount Prospect, Cook County, Illinois, be
and they are hereby authorized to sign the above-described
Declaration on behalf of the Village of Mount Prospect as
owner of Lot 4 in the said Maple Crest Subdivision and to
affix the Village Seal thereto.
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BDOK57286PAGE IH
Section 2: That this action is solely as property
owner and it is the intention of the corporate author-
ities that all other rights of the Village as to the
application of Village ordinances to said property are
specifically not waived by this action.
Section 3: That the Village Clerk of the Village
of Mount Prospect is hereby authorized to deliver a
certified copy of this Resolution together with the ex-
ecuted Declaration to the Western National Bank of
Cicero.
Section 4: The action authorized. herein is subject
to the memorializing of record with the Recorder of
Deeds or County Recorder, Cook County, Illinois, a cer-
tain "Declaration of Easement and Covenant" dated
/V~L, 1-& ' 1951-, by Western National Bank of
Cicero as Trustee und.er Trust #1686.
Section 5: That this Resolution shall be in full
force and effect from and after its passage and approval
according to law.
PASSED this 7f/. day or (j~ , 1959.
APPROVED this 7li day orr , 1959.
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BOOK57286PAGE 20
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I, ,Robert Jieyn(d db, ..htl.er'eby "'~ert, i>:l tha '. 1 an thl.o tilL,,!
ctcal1..1"1.o':1 and a,:::ting Glel"k of the Vi. 1 Lage c.1' Hount. .Fr'ospect tn tt,e ':;O\....Cl~':1
at.d State aforesai.d, and as s'UchJlerk I am the keeper ofth,~ 1'eoord..'I and
rHf;S of the Board of Trustees of s;:dd Village:
I do further certify that attached hereto iSEl fuU, truE~ and
i.':orreet (;:Q1Y 0f __ !eso~!:~ ~?~_21~~...a~~ho~zing r~~2f !..~s.1tr~tive
-2~!enant pe~a2ning to Lot 4 in~ap~ecres~ ~ubdivision and ~ec!~ratiop_
__~b~~~~~g Restriction.
duly adopted by the Board of Tru5t~es of the Villal~e of Mount f'Tospect, ::::::a .
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