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HomeMy WebLinkAboutOrd 3721 12/02/1986ORDINANCE NO. 3721 AN ORDINANCE MODIFYING SECTIONS OF CHAPTER 16 ENTITLED "DEVELOPMENT CODE" OF THE VILLAGE CODE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 2nd DAY OF December 1986. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 3rd day of December , 1986. RDINANCE NO. 3721 AN ORDINANCE MODIFYING SECTIONS OF CHAPTER 16 ENTITLED "DEVELOPMENT CODE" OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, M. Niroumandpour has requested a modification of the Subdivision requirements for Saint Cecilia Subdivision; 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 Lot 19 in St. Cecilia Subdivision, being a Resubdivision of Lot 2 and part of lots 3 and 6 in Meier Brothers Sub- division, being a Subdivision of parts of Section 10 and 15, Township 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois. 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 the Sidewalk required along the east property line of the subject property shall not be installed until the Village determines the need for said sidewalk exists and that a covenant shall be executed by the owner which will require installation of a sidewalk upon Village request. SECTION TWO: This Ordinance shall not be effective until execution by the property owners of the covenant specified herein and recording of said covenant against the property. 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, Farley, Floros, Van Geem, Wattenberg NAYS: Murauskis ABSENT: None PASSED and APPROVED this 2nd day of December ,1986. C H. 'Krause Village President Carol A. Fields Village Clerk RESTRICTIVE COVENANT BY AND BETWEEN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS AND THE OWNER-DEVELOPER OF CERTAIN PROPERTY WITHIN SAID VILLAGE REGARDING COMPLETION OF REQUIRED PUBLIC IMPROVEMENTS PERTAINING TO THE DEVELOPMENT 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 ~{EREAS, the schedule for accomplishing the construction and ~nstallation 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; add WHEREAS, such other public improvement projects are 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 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 of 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 Mount 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, Illinols, the Undersigned, Owner-Developer does hereby covenant with the Village o£ Mount Prospect, an tllino~s 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 19 in ST. Cecilia Subdivision, being a resubdivision of Lot 2 and part of Lots 3 and 6 in Meir Brothers Subdivisio~ being a subdivision of parts of Section 10 and 15, Township 41 North, Range 11 East of the third principal meridian, in 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: A five foot wide concrete sidewalk to be constructed on the East side of the property, as indicated on the Plat of Survey. 3. For a period of twenty ( 20 ) years commencing from the date hereof, -the undersigned s~ll undertake the above-stated improvements with 60 days after being so advised by the Village of Mount Prospect to commence such construction 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 speciflcatlons pertaining thereto. 4. This Covenant to complete the said public improvements as herein contained shall run with the ;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 port,on 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 shall be both benefited and bound by the conditions and restrictions herein-expressed. . This Covenant shall be binding opon and shall inure to the benefit of the parties hereto and tbelr soccessors and assigns in title and interest and the provisions hereof shall be enforceable in a proceeding at law or in eqoity against the person or persons seeking 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 subject property fails to complete the resulted improvements or pay a proportionate share of the reqoired improvements by other contractors within the specified time per~ods herein, the valoe of such improvements shall be entered as a lien against the propergy d~e and payable within 60 days after notification to proceed with the improvements. IN WITNESS WHEREOF, the parties bereto have set their and seals tbls day of hands VILLAGE OF MOUNT PROSPECT, ILLINOIS V/~ LLAGE PRESIDENT