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HomeMy WebLinkAboutOrd 3869 11/17/1987ORDINANCE NO. 3869 AN ORDINANCE MODIFYING SECTIONS OF CHAPTER 16 ENTITLED "DEVELOPMENT CODE" OF THE VILLAGE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 17th DAY OF November , 1987. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 18th day of November , 1987. RDINANCE NO. 3969 AN ORDINANCE MODIFYING SECTIONS OF CHAPTER 16 ENTITLED "DEVELOPMENT CODE" OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, Francis Cadillac has requested a modification of the Development Code pertaining to requirements for public right-of-way landscaping pursuant to Section 16o480.A; and WHEREAS, the Plan Commission of the Village of Mount Prospect, Cook County, Illinois, has reviewed the proposed modifications to Chapter 16, Development Code, of the Village Code of Mount Prospect for property commonly known as 333 W Rand Road. See attached Exhibit "A"; 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 to Section 16.480.A is hereby modified to permit continuation of existing blacktop in the parkway along Rand Road instead of trees and sod; subject to No parking, storage, or display of vehicles shall be permitted in this area. The only allowed use shall be the unloading of vehicles and standing of customers delivering cars for service. The property owner shall execute an indemnification agreement to hold the Village harmless for any liability arising from the use of the parkway for these purposes. A permit shall be received from the Village upon written verification of State of Illinois Department of Transportation approval. SECTION TWO: Except for the changes stated herein all other codes of the Village of Mount Prospect shall apply to the Subject Property in their entirety. SECTION THREE: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. AYES: Arthur, NAYS: None ABSENT: Farley Floros, Murauskis, Van Geem, Wattenberg PASSED and APPROVED this 17th day of November , 1987. ATTEST: Village Clerk Village ~resident NDEMNIFICATION AGREEMENT The undersigned, Francis Cadillac for and in consideration of the authorization given to the undersigned by OrdinanCe No. 3869 , passed and approved by the President and Board of Trustee~ o-~e Village of..Mount Prospect on November 17, 1987 to construct an asphalt parkway, on the public right-of-way in front of 333 West Rand Road, adjacent to property owned by the undersigned, which parcel of real estate is commonly known as Lot 1 in Mack Cadillac Corporation Subdivision No. 2, Mount Prospect, Illinois, and which is legally described in said Ordinance No. 3869 , hereby agrees to defend, protect, indemnify and save an-~d harmless the Village of Mount Prospect and each and every one of its officers, agents, employees, servants, attorneys, successors and assigns of the Village of Mount Prospect 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 expense, injuries, damages or losses of any kind or character whatsoever arising out of the parkway, namely, the asphalt parkway on the public right-of-way in front of the Subject Property. The undersigned reserves the right to remove the asphalt parkway. Said removal shall only be accomplished with all required permits and Village approvals. Upon said removal of the asphalt parkway, this Agreement shall be null and void and a release of this Agreement shall be recorded with the Cook County Recorder of Deeds or Registrar of Titles, whichever is applicable. The undersigned further acknowledges that in the event the Village of Mount Prospect, through its designated representa- tives, undertakes to make any improvement, alterations, recon- struction, operation, maintenance, repair, replacement, removal of the improvement being the subject of this Agreement, the restoration, removal, and replacement of the improvements shall be at the sole expense of the undersigned. With the exception of an emergency, the Village shall give seven (7) days notice of the required removal of the asphalt parkway. 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 Ralph Gesualdo have set their hands and seals this 18thday of January 1988. STATE OF ILLINOIS ) ) COUNTY OF COOK ~ - ) I, Edward R. Gesualdo , a Notary Pu]~lic in an%] for the County of Cook, State ok Illinois, states that Rglph Gesualdo personally known to me to be the same persons who subscribed their names to the foregoing Agreement, subscribed their names as their free and voluntary acts on this 'Sth day of January , 1988. Notary NDEMNIFICATION AGREEMENT The undersigned, Francis Cadillac for and in consideration of the authorization given to the undersigned by Ordinance No. 3869 , and approved by the o---f--~hepassed President and Board of Trustees Village of~ Mount Prospect on November 17, 1987 to construct an asphalt parkway, on the public right-of-way in front of 333 West Rand Road, adjacent to property owned by the undersigned, which parcel of real estate is commonly known as Lot 1 in Mack Cadillac Corporation Subdivision No. 2, Mount Prospect, Illinois, and which is legally described in said Ordinance No. 3869 , hereby agrees to defend, protect, indemnify and save an--d-~d harmless the Village of Mount Prospect and each and every one of its officers, agents, employees, servants, attorneys, successors and assigns of the Village of Mount Prospect 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 expense, injuries, damages or losses of any kind or character whatsoever arising out of the parkway, namely, the asphalt parkway on the public right-of-way in front of the Subject Property. The undersigned reserves the right to remove the asphalt parkway. Said removal shall only be accomplished with all required permits and Village approvals. Upon said removal of the asphalt parkway, this Agreement shall be null and void and a release of this Agreement shall be recorded with the Cook County Recorder of Deeds or Registrar of Titles,~whichever is applicable. The undersigned further acknowledges that in the event the Village of Mount Prospect, through its designated representa- tives, undertakes to make any improvement, alterations, recon- struction, operation, maintenance, repair, replacement, removal of the improvement being the subject of this Agreement, the restoration, removal, and replacement of the improvements shall be at the sole expense of the undersigned. With the exception of an emergency, the Village shall give seven (7) days notice of the required removal of~ the asphalt parkway. The undersigned agrees that this Indemnification Agreement shall be binding upon any and all heirs, successors, assigns and personal representa'tives of the undersigned and any and all successor legal and beneficial owners of the Subject Property. WHEREFORE, the undersigned have set their hands and seals 1988. STATE OF ILLINOIS ) ) COUNTY OF COOK ) Ralph Gesualdo this 18thda,' of January I, Edward R. Gesualdo , a Notary Public in and for the County of Cook, 'State of Illinols, states that Ralph Gesualdo personally known to me to be the same persons who subscribed their names to the foregoing Agreement, subscribed their names as their free and voluntary acts on this 18th day of January , 1988. Notary Public