HomeMy WebLinkAboutOrd 3601 01/21/1986ORDINANCE NO. 3601
AN ORIDNANCE AUTHORIZING AN ENCROACHMENT ONTO VILLAGE
RIGHT-OF-WAY IN THE NATURE OF DIRECTIONAL SIGNS
PASSED AND APPROVED BY
THE PRESIDENT AND'BOARD OF TRUSTEES
THE 21st DAY OF January , 1986.
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
22nd day of January , 1986.
ORDINANCE NO. 3601
AN
ORDINANCE AUTHORIZING
VILLAGE RIGHT-OF-WAY
DIRECTIONAL
AN ENCROACHMENT ONTO
IN THE NATURE OF
SIGNS
WHEREAS, Section 9.109 of Chapter 9,
Code of Mount Prospect provides that
prohibitions on encroachments may be
passed and approved by the President
and
Article I of the Village
exceptions to the
granted by an Ordinance
and Board of Trustees;
WHEREAS, Courtesy Home Builders (hereinafter referred to as
"Owners"), are the owners of a parcel of property commonly
known as Lot A of Reese's Addition to Mount Prospect in the
Village of Mount Prospect (hereinafter referred to as the
"Subject Property") have asked the President and Board of
Trustees of the Village of Mount Prospect to allow two (2)
directional signs which shall not exceed ten (10) square feet
and shall comply with all other provisions of the Village of
Mount Prospect sign regulations in the Gregory Street
right-of-way immediately east of Business Center Drive, 6nd;
WHEREAS, the President and Board of Trustees of the Village
of Mount Prospect have considered said request by Courtesy
Home Builders and have determined that it is appropriate to
grant said requested encroachment provided that the Owners of
the Subject Property execute the Indemnification and Hold
Harmless Agreement attached hereto as Exhibit A and
incorporated herein by this reference and agree to perpetual
maintenance of the sign and landscaping.
NOW, THEREFORE,
TRUSTEES OF THE
ILLINOIS:
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
VILLAGE OF MOUNT PROSPECT, COOK COUNTY,
SECTION ONE: The foregoing recitals are incorporated
herein as though fully set forth.
SECTION TWO: Subject to the conditions set forth in
~E herein, Owners of the Subject Property be and
are hereby authorized to locate two (2) directional signs
legally described as follows:
Adjacent to Lot A in Reese's Addition to Mount Prospect,
a Subdivision in part of the Southwest Quarter of
Section 35, Township 42 North, Range 11 East of the
Third Principal Meridian, Cook County, Illinois
which improvements are set forth on the attached Exhibit B
hereto.
SECTION THREE: The authorization to encroach upon the
public right-of-way is hereby granted to the Owners of the
Subject Property, provided that the Owners execute the
Indemnification Agreement in substantially the same form as
Exhibit A hereto, which Agreement shall be recorded with the
Cook County Recorder of Deeds or Registrar of Titles,
whichever is applicable, and shall be binding upon the Owners
and their heirs, successors assigns and personal
representatives and successor legal and beneficial owners of
the Subject Property, and that the Owners and successors
shall also agree to perpetually maintain the improvements
placed upon the public right-of-way described above including
landscape maintenance.
ECTION FOUR: This Ordinance shall be in full force and
effect from'"and after its passage, approval and publication
in pamphlet form as provided by law, and recordation of the
fully executed Indemnification Agreement, Exhibit A hereto.
AYES: Arthur, Farley, Floros, Murauskis,
NAYS: None
PASSED and APPROVED this 21st day of
Van Geem,
Wattenberg
January ,1986.
ATTEST:
¥illage Cle'rk
£
.4,-?. :":
%
NDEMNIFICATION
AGREEMENT
The undersigned, COU_~'T~-~$V i~A/I~ ~'0~10o
for and in considerat'ion of the adth'o'ri~'a'tion given to the
undersigned by Ordinance No. _~_~a_, passed and approved by
the President and Board of Tr~ of the Village of Mount
Prospect on !~/-~'~ to construct and maintain two
(2) directional ~'igns on' 't'he public right-of-way median of
Business Center Drive adjacent to property owned by the
undersigned, which parcel of real estate is commonly known as
Lot A of Reeses's Addition to Mount Prospect, Mount Prospect,
Illinois, further known as Courtesy Home Center, and which is
legally described in said Ordinance No. ~/ , hereby agrees
to defend, protect, indemnify and save a~d harmless the
Village of Mount Prospect and each and every one of its
officers, agents, employees, servants, ~ttorneys, 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
encrQachment, namely two (2) directional signs on the public
right-of-way in front of the Subject Property.
The undersigned further acknowledges that in the event
the Village of Mount Prospect, through its designated
representatives, undertakes to make any improvement,
alterations, reconstruction, operation, maintenance, repair~
replacement, removal of the improvement being the subject of
this Agreement, the restoration, removal, and replacement of
the improvements shal. 1 be at the sole expense of the
undersigned.
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
have set their hands and seals this /~ day of ~/}~v~/
1986.
d
STATE OF ILLINOIS )
)
COUNTY OF COOK )
th CI' ~:~ ~ , a Notary Public in and for
e ounty ~f Cook,.~J~tate of Illinois, states that
personally known to me-to be the same persons who subscribed
their names to the fo'regoing Agreement, subscribed their
n a~~r free, 1986. and volunt.ary, ac~/~n t~i~/~ day of
EB 2, , 86
Village of Mount Prospect
100 S, Emerson Mount F~roepec~, lllinoie 60056
F~hone 312 / 392-6000
I, Carol A. Fields, do hereby certify that I am the duly appointed
Vii]age Clerk of the Village of Mount Prcspect in the County and State
aforesaid,' and as such Villmge Clerk, I am the keeper of the records
and files of the Board of Trustees of said Vilimge.
I do further cerfi fy that 'attached hereto is a f~l I, true and co~==ct
copy of Ordinance No. 3601 AN ORDIANCE AUTHORIZING AN
_ . .-' ENCROACHMENT ONTO VILLAGE RIGHT-OF-WAY IN THE
.... "'- NATURE OF DIRECTIONAL SIGNS
,~ ~ly adopted b~ the Board' of Trustee~ of the village of Mount Prospect.
COOk County; Tll{~i~, at its legally convened n~eting held on the 21st
day of January, 1986 , and that at the t/me of adoption of said
.~'~._ .'. Ordinance No. 3601
Arthur, Farley, Floros,
None
Murauskis.,
Van Geem,
Wattenberg
ABSENT: None
PASS: None
al 1 as appears in the official records of said villag~ in ~ care and custody.
Dated at Mount Prospect, Illinois, thi~ 23 day of
January , 19 86.
Carol A. Fields
Village Clerk
Village of Mount Prospect
Cook County, I!lirmis
'RIGHT'OF-~%~Y IN THE
OP~ INANCE NO.
NATURE OF DIRECTIONAL SIGNS
AND ~ APPR0VED BY
.TTr~PRESIDEN~AND'BOARD OF TRUSTEES
January , 1986.
Published ~ mn Pamghlet form by
· of the corporate i '
of the Village . ~.~
~e-c-~> :' i1Tinois,
day of ~- Januarv
4"~i~.~ DIRECTIONAL SIGNS.
WHEREAS, Section g.lOg
.Code of Mount Prospect
of C apte~ g, Article 'i the Village
provides that--exCeptions to the '
11 e. of Mount]Prospect to allow two (2)
h~"shal~.n6t ~x?ed ten (10)' square feet
othe~ Prov~s. io~S~bf the Village of
i~.]'the~>'Gr6goW~ Street ~ ~:
ss. Center_.~Drive, ~nd;
WHEREAS~' of he Village
~ of Mount Prosp66~/.ha~e ~onsi'dered ~id ~equest by Courtesy
Home Builders and have determined that. it is appropriate to
- ~:grant~gaid-requ'ested:encroachment provided that the Owners of
' ~/:':i:the'SUbject Property~e~ecuteLthe-'Indemn~ficat~on and Hold
.?'*-';Harmless Rg6eemen~at'taChed*'hereto"a~ Exhibit A and
'~;in?rporated*_here~n by this~reference and a~ree'to perpetual
~ '*'.?:i'.ma~ntenance.of th~-'sign and. t:andscaping..- : .
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY,
ILLINOIS: ~
SECTION ONE: The foregoing recitals are incorporated
herein as though fully set forth.
SECTION TWO: Subject to the conditions set forth in
~E herein, Owners of the Subject Property be and
are hereby authorized to locate two {2) directional signs
legally described as follows:
Adjacent to Lot A in Reese's Addition to Mount Prospect,
a Subdivision in part of the Southwest Quarter of
Section.35, Township 42 North, Range 11 East of the
Third Principal Meridian, Cook County, Illinois
which improvements are set forth on the'attached Exhibit B
hereto.
SECTION THREE: The authorization to encroach upon the
public right-of-way is hereby granted to the Owners of the
Subject Property, provided that the Owners execute the
Indemnification Agreement in substantially the same form as
Exhibit A hereto, which Agreement shall be recorded with the
Cook County Recorder of Deeds or Registrar of Titles,
whichever is applicable, and shall be binding upon the Owners
and their heirs, successors assigns and personal
representatives and successor legal and beneficial owners of
the Subject Property, and that the Owners and successors
shall also agree to perpetually maintain the improvements
placed upon the ~ublic right-of-way described above including
landscape maintenance.
.I
SECT,~ON FOI Ordinance shall, be ~n full force and ~
-~:-?r-,':.' effect from and after ~t$ pa~sage.~apProval and publication ......
n Pamphlet ]form:as Provided. by law, and recOrdation of the i . ,:~.:/~!i~j'
executed Indemnificatlon Agreementj-iEXhibit 'A heret. :~;-~,~'
s~ Van Geem,' Wattenberg
NAYS: .yone' :'
Pi~S~::'~:~ iPPROVED'this 2~; ~
GREEMENT
and-in ~n ~on g~ven e
'-' .."~:!.::~undersigned' by'O~dinancei:NO~:::~, passed and approved by
President '~nd: Board ~f.'Ttustees of the Village of Mount
Prospec~ on ~:-./~l~&"?x~;.--:~to c'on~t~uct_ and maintain
(g}.d~ec~tonal. signs on :hepublic tight of-wa~ median
Bus, ness Center Ot~ve ad~cen:'.~o propert~ owned b~
undersigned, wN~ ~p~el of re~l estate ts commonl~ known as
~[ ee S: Rdd~t~onL.to ~oun:.-~Prospec~, ~ount Prospect,~
~T~;~.~fU ~ '~o~'n'~'~:Cb~tesy~-HO~e' Cent~r-~:'~and which ~s..
)'y'~ da'g~ 'd ':[~'~a'fd-~O~-di 6'ance/ NO?~; hereby agrees
ren'd~':'~P~ ~ ~'~:.indem~')f~F"~ndY: sa~{~~d, harm! ess .the
ge:']O~.Mou'nt:: Prospect"and ~ea~h '~an~ '~e~erY ofie~: 0f i ts'
( ~L~?'~g~'nts?employees, 's'~rvafi'~'~'?'attor6eys,' successors
'as "'g6s o~.: the~'Vill age~ of-MountS:ProsPect if any person,
c0rpo~atfo'hF~hall 'asse6t o~?attempt' to assert any'
ot ~cabse'~:'~ofTa~ti'0n- o~ 'acti OhS aqainst
)ense;'~)qju~s~:~.damages or losses of
at Soe~er-;'a~s ~ n~ the
~)~ directi:( ns on the public
er~ the event
Pr6SPec~,' through.its designated
~ undertakes to make any improvement,
alterati°nS~T~econstructiOn?operatidn,-.maintenance, repair;
~Tac~me6t ~*~'~moval~Ofi'the improvement being the subject of
reement,_ t~e'.'eestoration~.removal, and replacement of
"'~' th~ ~mpro~ ~ at'the sole expense of the'
~' '~' undersi(
'. Th"e 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
have set the'ir hands and seals this /~ day of
1986.
STATE OF ILLINOIS )
)~
COUNTY OF COOK ) '- .... -
th I, . , a Notary Public in and for
e Countymf Cook,_(~j~/tate of Illinois, states that
.
personally Known to me to be the same persons w~o subscribed
their names to the'fo'regoing Agreement, subscribed their
names as their free and voluntary act~n th~_ / ~ day of
( Not ar'y' Seal }