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HomeMy WebLinkAboutOrd 3859 10/20/1987ORDINANCE NO. 3859 AN ORDINANCE AUTHORIZING AN ENCROACHMENT OVER PUBLIC RIGHT-OF-WAY FOR PROPERTY COMMONLY KNOWN AS 1030 EAST NORTHWEST HWY IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 20th DAY OF October , 1987. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 21st day of October , 1987. ORDINANCE NO. 3859 AN ORDINANCE AUTHORIZING AN ENCROACHMENT OVER PUBLIC RIGHT-OF-WAY FOR PROPERTY COMMONLY KNOWN AS 1030 EAST NORTHWEST HIGHWAY IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WHEREAS, Section 9.108 of Chapter 9, Article 1 of the Village Code of the Village of Mount Prospect provides that encroachments be prohibited except as approve by Ordinance passed and approved the the President and Board of Trustees; and WHEREAS, Petitioner, Jeffery W. Collins (hereinafter referred to as "Owner") is the owner of property commonly known as 1030 East Northwest Highway in the Village of Mount Prospect (hereinafter referred to as "Subject Property"), legally described as follows: Lot "A" in Koets' Resubdivision of Lot 58 and the Northwesterly 3 feet of Lot 59 in Maplewood Heights, being a Subdivision of the East 15.00 chains of that part lying North of Railroad, of the Southeast Quarter of Section 12 (except the Southerly 66 feet for road) also of Block 26 in Busse's Eastern Addition to Mount Prospect, in East Half of Section 12, all in Township 41 North, Range 11, East of the Third Principal Meridian, according to Plat of said Koets' Resubdivision registered in the Office of the Registrar of Titles of Cook County, Illinois, on September 19, 1968, as Document Number 2411507; and WHEREAS, Owner has requested the President and Board of Trustees of the Village of Mount Prospect to allow a wall sign to be attached to the face of the Subject Property, which sign will encroach onto the public sidewalk by approximately six inches (6"); and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have considered the request being the subject of this Ordinance and have determined that it would be in the best interest of the Village to grant said request, provided the Owner executes an Indemnification and Hold Harmless Agreement in substantially the same form as attached hereto and hereby made a part hereof as Exhibit "A". NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION ONE: The recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: That subject to of An Indemnification and Hold Harmless Agreement being executed by the Owner, authorization is hereby granted for a wall sign to encroach six inches (6") onto public sidewalk in front of the Subject Property as shown on the plan attached hereto and hereby made a part hereof as Exhibit "B". SECTION THREE: That a fully executed Indemnification and Hold Harmless Agreement shall be recorded with the Cook County Recorded of Deeds or registered with the Registrar of Titles, ncroachment 1030 East Northwest Highway Page 2 of 2 whichever is application, Owner's heirs, successors, successor and beneficiary and shall be finding upon the Owner and assigns and/or agents, and legal thereof. SECTION FOUR: That this Ordinance shall be effect from and after its passage, approval pamphlet form in the manner provided by law. in full force and and publication in PASSED and APPROVED this 20th day of October , 1987. AYES: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg NAYS: None ABSENT:None ATTEST: Carol A. Fields Village Clerk Caro~n H. Krause Village President NDEMNIFICATION AGREEMENT The Undersigned, Jeffery W. Collins, for and n consideration og~_t~e authorization given to the Undersigned by Ordinance No. ~>~ , passed and approved by the President and Boa~.~d.~f.~ Trustees of the Village of Mount Prospect on ,~rZ~7~ ~)~ , 1987, to construct and maintain a wall sign ~ a~'encroa~hment over the public sidewalk in front of the premises of a parcel of real estate owned by the Undersigned, which parcel of real estate is commonly known as ]030 East Northwest Highway in the Village of Mount Prospect, Cook County, Illinois, and which is legally described on Exhibit I attached hereto and incorporated herein by this reference (hereinafter referred to as the "Subject Property"), hereby agrees to defend, protect, indemnify and save and hold harmless the Village of Mount Prospect and each and every one of its officers, agents, employees, servants, attorneys, successors and assigns (hereinafter referred to collectively as the "Village") if any person, firm or corporation shall assert or attempt to assert any claim, demand, cause or causes of action or actions against the Village for any expenses, injuries, damages or losses of any kind or character whatsoever arising out of the encroachment of a wall sign over the public sidewalk in front of the Subject Property. The Undersigned agrees that this Indemnification Agreement shall be binding upon any and all heirs, successors, assigns, and personal representatives of the Undersigned and any and all successor legal and beneficial owners of the Subject Property. WHEREFORE, the Undersigned, Jeffery W. Coll_i%~ has Undersigned's hand and seal this ~-~ day of . 1987. Jef~ set ~\Vf/ ~ ~x~) ,a Notary Public in and for the County of Cook, State of Illinois, states that Jeffery W. Collins, personally known to me to be the same person who subscribed his name to the foregoing Agreement, subscribed his name~a~free and voluntary act on this ~ day of , ~987. Notary Public M'~ COMMISSION EXPIRES JAN. 13, 1988 EXHIBIT A FFIDAVIT I, Jeffery W. Collins, after first being duly sworn, on oath state that I am the owner of record and the sole owner of a parcel of real estate commonly known as 1030 East Northwest Highway, in the Village of Mount Prospect, Cook County, Illinois, and legally described as follows: Lot "A" in Koets' Resubdivision of Lot 58 and the Northwesterly 3 feet of Lot 59 in Maplewood Heights, being a Subdivision of the East 15.00 chains of that part lying North of Railroad, of South East quarter of Section 12 (except the Southerly 66 feet for road) also of block 26 in Busse's Eastern Addition to Mount Prospect, in East Half of Section ]2, all in Township 4] North, Range ]] , East of the Third Principal Meridian, according to Plat of said Koets' Resubdivision registered in the Office of the Registrar of Titles of Cook County, Illinois, on September 19, ]968 as Document Number 241 ] 507. Jeffer~llins ___~\~ ~ ~C~r~\~ , a Notary Public in and for the County o~ Cook'~ State of-I--~inois, states that Jeffery W. Collins, personally known to me to be the same person who subscribed his name to the foregoing Affidavit, subscribed his name as his free and voluntary act on this ~c~. day of EXHIBIT