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Home My WebLink AboutOrd 3728 12/16/1986ORDINANCE NO. 3728 AN ORDINANCE MODIFYING SECTIONS OF CHAPTER ENTITLED "DEVELOPMENT CODE" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS 16 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 16th DAY OF December , 1986. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 17th day of December , 1986. RDINANCE NO. 3728 AN ORDINANCE MODIFYING SECTIONS OF CHAPTER ENTITLED "DEVELOPMENT CODE" OF THE VILLAGE CODE OF MOUNT PROSPECT 16 WHEREAS, Tadeusz Sowa has requested a modification of the Development Code pertaining to requirements of pedestrians sidewalks for 211N Westgate; 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 1 in Mannella's Resubdivision of Lot 9 (except the North 1/2 thereof and except the East 366 feet thereof) in C.A. Goelz Prospect Gardens, being a Subdivision of the West 1/2 of the West 1/2 of the Southeast 1/4 together with the East 2/3 of the North 3/4 of the Northeast 1/4 of the Southwest 1/4 of Section 35, Township 42 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 COUNTYt 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 16.403.A.9.A requiring a sidewalk along the Westgate Road frontage is hereby modified to permit a covenant to be executed by the owner which will require installation of a sidewalk when the remainder of ~estgate Road frontage has sidewalks installed. SECTION TWO: This Ordinance shall not be effective until execution by the property owner 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. AYESArthur, Farley, Murauskis, Van Geem, Wattenberg NAYS None ABSEN~:]0ros PASSED and APPROVED this 16th day of December ,1986. Caroly~ H. Krause, Village President Carol A. Fields, Village Cler RESTRICTIVE COVENANT BY AND BETWEEN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS ~D THE OWNER-DEVELOPER OF CERTAIN PROPERTY WITHIN SAID VILLAGE REGARDING COMPLETION OF REQUIRED PUBLIC IMPROVEMENTS PERTAINING TO THE DEVELOPMENT OF SAID PROPERTY WIt/']RI".AS, pursuant Lo the. provisions of Chapter 16 entitled "Development" of the Village Code of Mount Prospect, Illinois certair public i,nj',roven,e~ts are required to he constructed and instslled by owners and developers of property within the willage, as part of the approval for the development of such property; and bqlI~RI",AS, the schedule fmr acco,np]isl;ing the construction and instnllation of such public imprnvements by the owner-developer of ti~e l'rop~rty under development is often in conflict with other imbl ic i,~provement projects ndjacent to or within the vicinity of s:tid property so ~s to render th~ accomplishment of such pu~llc i,u~r,,v,~,.,~nts bv the owner-develop~r to he practically or economi- c-.~llv unf~;~sib~o until the same c;m be combined with or scheduled the subject property under development; amd I<IIFKEAS, such other public i,nprovement projects are admini- stered l:y the Village, County or gtnte, officials over which the ,,,~.mer-devcloper h;~s no control, and in g;ome instances those [~,;,rove~,ents to be accomplished by the owner-developer with ~,,s,,e,:t to the property under development canno~ be completed ,.,t il. the other improvements under Village, County or State c{mtrol have been accomplished; amd 1.'HFRFAS. under such' circumstance's, it is deemed to be inequitable to delay development of the property under develop- ,n,,~t or re require the owner-developer to establish a cash ,~scrow. letter of credit or improvement bond for the purpose of :..:,r.~ntc. t ing the complct ion of required, public improvements due r,) the delay caused hy the intervening or subsequent accomplish- · .,e~.t ()f et-bet public improvements.projects under administration ~nJ control of the Vi].lage. County or State; and WItI'R~:AS. <'hapter 16 of the Viii. ace Code of Mount Prospect. Illim~is I,roviHe:; thnt in lieu of ~ c;mb escrow, letter of credit dcvel{~pmcnt bond. the owner-deve].oper may execute a restric- cc)venant to be recorded and to run with the ].and as a zu~r;mree that the required public improvements shall be corn- with respect to the property under development. NOW, THEREFORE, in accorda.cr, with tile provisions of the said Chapter 16 of the Vi]large C~lde of Mnunt Prospect, lllinols, the Undersigned, Owner-Developer does hereby covenant with the Vitls~e of blount Prospect, an Illinois municipal corporation, as follows: l. The Hndersi?.ned is the Owner snd Developer of tile following described property within the Village of Mount Prospect, Illinois, to wit: Lot 1 in Mannella's Resubdivision of Lot 9 (except the north 1/2 thereof and except the east 366 feet thereof) in C.A. Goelz Prospect Gardens, being a subdivision of the west 1/2 of the west 1/2 of the southeast 1/4 together with the east 2/3 of the north 3/4 of the northeast 1/4 of the southwest 1/4 of Section 35, Township 42 north, Range 11, east of the Third Principal Meridian. in Cook County, Illinois. 9:.. A plain of ¢tevelolm~ent of the describe~ property by the U~dersifned has been approved by tile Village of Mount Prospect, which at,proval include~ the col,lptetion of the followin~ public imFrov,:ment:s contained in and provided as a part of the plans, to Installation of a front sidewalk with a minimum width of five'(5) feet. The sidewalk shall be constructed to Village specifications and in compliance with all requirements. 3. The Owner-Developer agrees to and shall undertake the :-,hove-stab:ed improvement.~.with 60 days after being so ;i.!vi:;ed by the villa?,e of Monnt Prospect: to commenc~ such c,)a~:truct ion and installation work, and shall continue said work withr~.l int:orrul~t ion or dol;~y, unt i1 thn iml)rovements are ,.7:~, l~l. ot~,d in a satisfactory mannor ami in- accnrdonce with Vill. a~e 5. Th ls Covenalll I.o complete Ihe said public improvements },~_.rein contained shall run with the ;and for the period of I i,;io ;in s~.t forth herein. Motblng in ti,is Covenant shall in any m',,vent tt~e alienation or sale of the suhject property or any p,~rt:ion thereof, except tidal said sale shall he subject to the i,r~,visions hereof and to the plan of developinent pertaining to property, and the new owner ~ha]l be both henefited and bound the conditions and restrictions herein expressed. ~,. Th~$ Covenant sh~ll ho h[ndin,~ upon nnd shall, inure [h~ benefiC of Lhe pnrL les herein nnd ns:;i,~ns in l i~ lo ond inrer(,s/ nmi rim provisions hc:reof ghn]l be enforceable in a proceedin:;~ n~ ]nt,, or in oq~ity n~aln~t for injunctive, relief, .~ecil'ici . perform;race or t.o recover dareafes. ,;r oliver fines ~nd penaltie~ ns may he established in ~uch viotntion. Tn the event l:h;ll. Lhe owner-developer l,r(,pertv fci]~ tn COmp]~l e the reouired improvements or pay a proportionate share of the required improvements by o~her c~nrrncl ors within the specified time lmriod~ herein~ the value of such improvements shal I he on~orod property due and pnynl)],, wilhin 60 dav~ aft:er nc~tific~H ion I.o proceed v, iLh the l}', WI'INI'CN :m,t ::,~a'Ls Ibis .......... day of , lq , ( lt4N Ei¢- t)I:V t,'l ,fU'EI,' \.'ll,l.Af':l'; (11,' f'.;l!lll,!'l' I:I,'(I.%PI. CT,