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HomeMy WebLinkAboutOrd 3927 04/19/1988ORDINANCE NO. 392~ AN ORDINANCE MODIFYING SECTION OF CHAPTER 16 ENTITLED "DEVELOPMENT CODE" OF THE VILLAGE. CODE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 19th DAY OF April , 1988. Published in pamphlet form by ' authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 20th day of April , 1988. ORDINANCE NO. 39~ AN ORDINANCE MODIFYING SECTIONS OF CHAPTER 16 ENTITLED "DEVELOPMENT CODE" OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, Kinder Care Learning Centers, Inc. and Mr. Jung have requested a modifications of the Delvelopement Code pertaining to requirements for certain public improvements. and WHEREAS, the Plan Commission of the Village of Mount Prospect, Cook County, Illinois, has reviewed the proposed modifications Chapter 16, Development Code, of the Village Code of Mount Prospect for property commonly known as to THE EAST HALF OF THE FOLLOWING DESCRIBES PROPERTY: The South 333 feet as measured along the West line thereof of that part of the East half of the Southwest quarter of Section 27, Township 42 North, Range 11, East of the Third Principal Meridian, lying West of a llne 200 feet West of and parallel with a llne drawn from a point on the South line of said Southwest quarter 758.61 feet East of the Southwest corner of the East half of said Southwest quarter and forming an angle of 90 degrees 40 minutes and 40 seconds as measured from West to North with said South llne of the Southwest quarter. ~ and WHEREAS, the Plan Commission has forwarded its recommendations relative to modifications to Chapter 16, Development Code, to the President and Board of Trustees, which recommendations have been considered at a regular meeting of the President and Board of Trustees; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined the best interests of the Village of Mount Prospect will be attained by the adoption of the recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That modifications from Chapter 16 entitled "Development Code" of the Village Code of Mount Prospect are hereby granted, for the property being the subject of this Ordinance, as follows: A. Section 16.407 to allow the installation of street lights to be delayed until such time as the State of Illinois permits their installation· The owners will execute a restrictive covenant which is attached hereto as Exhibit A and to be recorded and to run with the land as a guarantee that said street lights will be installed. Fursuant to said restrictive covenant. Section 16.405 F.1 35' of an occupied 75. to allow detention basins within structure instead of the required SECTION TWO: The modifications granted herein are subject to construction in conformance with the Preliminary Plan submitted and attached hereto. ECTION THREE: Except for the modifications set forth herein all other codes of the Village of Mount Prospect shall apply to the Subject Property in their entirety. SECTION FOUR: That this Ordinance effect from and after ~ts passage, pamphlet form as provided by law. shall be in full force and approval and publication in AYES: NAYS: ABSENT: o PASSED and 6 - Farley, Arthur, Flores, Murauskis, Van Geem, Wattenberg. 0 APPROVED this 19th day of April ,1987. Village P~esident ATTEST: Village Clerk o8255333 ' JUN ! 3 3988 RESTRICTIVE COVENANT BY AHD BETWEEN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS AHD THE OWNER-DEVELOPER OF CERTAIN PROPERTY WITHIN SAID VILLAGE REGARDING COHPLETION OF REQUIRED PUBLIC IHPROVEMENTS PERTAINING TO THE DEVELOPHENT OF SAID PROPERTY WHEREAS, pursuant to the provisions of Chapter 16 entitled "Development" of the Village 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 WHEREAS, the schedule for accomplishing the construct ion and installation of such public improvements by the owner-developer of the property under development is often in conflict 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 economi- cally 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 WHEREAS, such other-public improvement projects ace admini- stered 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 Village, County or State control have been accomplished; and WHEREAS, under such circumstances, it ia deemed to be inequitable to delay development of the property under develop- ment 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 requited public improvements due to the delay caused by the intervening or subsequent accomplish- ment of other public improvements projects under administration and control of the Village, County or State; and WHEREAS, Chapter 16 of the Village Code of Mount Prospect, Illinois provides that in lieu of a cssb escrow, letter of credit or development bond, the owner-developer may execute a restric- tive covenant to be recorded and to run with the land as a guarantee that the required public improvements shall be com- pleted with respect to the property under development. HOW, THEREFORE, in accordance with the provisions of the said Chapter 15 of the Village Code of Mount Prospect, Illinois, the Undersigned, Owner-Developer does hereby covenant with the Village of Mount Prospect, an Illinois municipal corpo£ation, as follows: 1. The Undersigned is the Owner and Developer of the following described property within the Village of Mount Prospect, Illinois, to wit: Lot 1 of Margaret M. Jung Subdivision, being a subdivision of part of the East 1/2 of the Southwest 1/4 of section 27, Township 42 Horth, Range 11 East of the third principal meridian in the Village of Mount Prospect, 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 purchase and installation of street lights installed' according to the requirements of the State of Illinois and Villa§e of Mount Prospect Codes. 3. For a period of twenty (20) years coumencing from the date hereof, the Undersigned sha-II undertake the above-stated improvements with sixty (60) days after being so adv, ised by the Village of Mount Prospect to commence such yonstruction and installation work, and shall continue 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 altonation 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 sgall be both benefited and bound by the conditions and restrictions herein expressed. - 2 - 5. This Covenant shall be, bindin& upon and shall .inure to the benefit of the parties hereto and their successors and assiEns in title and interest and the provisions, hereof shall be enforceable ,in a proceedin§ at law or In equity a§alnst the person or persons seekin§ to violate the same including an action for injunctive relief, specific performance or to recover damages or other fines and penalties as may be established in such violation. In the event that the owner-developer of the subjec~ property fails ~o complete ~he required impzovemen~s or pay a proportionate sha~e o[ ~he required improvements by ocher contractors within ~he specified ~tme periods herein, ~he value of such improvements shall be entered as a llen a~alns~ property due and payable within s~xty (60) days after noct~,~caCton ~o proceed wi~h ~he improvements. a IN ~ITNESS ~HEREOF, the parries~ hereto have sebcr;bei~. . nd seals this ~h day of Y ,~ ~w.o ~.** KINDE~ARU LEARHING C~EB~ / / ~'~ *.~'. /~ /O~ER-DEVEL~ER LeonarO C. [unn;' Vice ~ / Prest dent ATTEST: VILLAGE OF HOUNT PROSPECT, ILLINOIS VILLAGE PRESIDENT - 3- 255332 RESTRICTIVE COVENANT BY A~D BET~EN THE VILLAGE OF HOUNT PROSPECT, ILLINOIS AND THE OWNER-DEVELOPER OF CERTAIN PROPERTY WITHIN SAID ¥1LLAGE REGARDING COHPLETION OF REQUIRED PUBLIC IHPROVEHENTS PERTAINIHG TO THE,DEVELOPHENT OF SAID P~OPE~TY , WHEREAS, pursuant to the provisions of Chapter 16 entitled 'Development" o[ the Village Code o[ Hount Prospect, lllino[s 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 WHEREAS, the schedule for accomplishing the construct[on and installation of such public improvements by the owner-developer of the property under development is often In conflict with other public improvement projects adjacent to or ~ithin the vicinity of said property so as to fender the accomplLshment of such public improvements by the owner developer to be practically or economi- cally unfeasible until the same can be combined with or scheduled so as to conform with such other public Improvements affecting the subject property under developmentl and I4HEREAS, such other public improvement projects are aamini- s tered 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 Village, County or State control have been accomplished; and WHEREAS, under such circumstances, it is deemed to be inequitable to delay development of the property under develop- ment or to require the owner-developer to establish a cash escrow, letter of credit or improvement bond for the purpose o[ guaranteeing the completion of required public improvements due to the delay caused by the intervening or subsequent accomplish- ment of other public Improvements projects under administration and control of the Village, County or State; and WHEREAS, Chapter 16 of the Village Code of Hount Prospect, Illinois provides that in lieu of a cash escrow, letter of credit or development bond, the owner-developer may execute a restric- tive covenant to be recorded and to run with the land as a guarantee that the required public improvements shall be com- pleted with respect to the property under development. NOW, THEREFORE, in accordance with the provisions of the said Chapter 16 of the Village Code of Mount Prospect, Illinois, the Undersigned, Owner-Developer does hereby covenant with the Village of Mount Prospect, an Illinois municipal corporation, as follows: 1. The Undersigned is the Owner and Developer of the following described property within the Village of Mount Prospect, Illinois, to wit: Lot 2 of Margaret M. Jung Subdivision, being a subdivision of part of the East 1/2 of the Southwest 1/6 of section 27, Township 42 North, Range 11 East of the third principal meridian in the Village of Mount Prospect, Cook County, Illinois. 2. A plan of development of the described property by the Undersigned has been approved by the Village of Hount Prospect, which approval includes the completion of the following public improvements contained in and provided as a part of the plans, to wit: The purchase and installation of street lights installed according to the requirements of the State of Illinois and Village of Mount Prospect Codes. 3. For a period of twenty (20) years c6mmencing from the date hereof, the' Undersigned sha~ undertake\the above-stated improvements with sixty (60) days after being so advised by the Village of Mount Prospect to commence such yonsttuction and installation work, and shall continue 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 tun 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 ~ertaining to the property, and t~e new owner s~all be both enefited and bound by the conditions and restrictions herein expressed. - 2- 5. This Covenant shall be blndi~ upon and shstl ?ute to the benefit of the parries hereto and their successors and assigns in title and interest end the provisions hereof shelX be enforceable in a proceeding ac law or in equity against the pe£son or persons seeking co violate the same including an action fo£ injunctive relief, specific performance or Co recover damages or other fines and penalties as ma~ be established in such vio~ation. In the event that the owner developer of the subject property fails co complete the required improvements or pay a proportionate share of the required improvements by ocher contractors within thee spe~s)ecified time, ep3eriods herein, the value of such improvements sha~l be e~teredas a lien against the property due and payable ulth[nS~x~Y (60)days after notification Co proceed ~ich the improvements. II~ I;ITNESS 14}]EREOF, the p~rtles hereto have set their hands and seals this [~'~ day of~ ~,~ , 19~ , ATTEST: VI~.LA~E OF HOUNT PROSPECT, ILLINOIS V~LLAGE PRESIDENT - 3-