HomeMy WebLinkAboutOrd 3542 06/18/1985 RDINANCE NOi 3542
AN ORDINANCE AUTHORIZING AN ENCROACHMENT ONTO
VILLAGE RIGHT-OF-WAY IN THE NATURE OF A
MONUMENT SIGN AND LANDSCAPING
WHEREAS, Section 9.109 of Chapter 9, Article I of the Village
Code of Mount Prospect provides that exceptions to the prohi-
bitions on encroachments may be granted by an Ordinance passed
and approved by the President and Board of Trustees; and
WHEREAS, Opus Designers, Builders, Developers, Inc. (hereinafter
referred to as "Owners"), are the owners of a parcel of property
commonly known as Kensington Center For Business 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 a monument sign approximately
twenty-seven (27) feet long by seven and one-half (7 1/2) feet in
height, together with berming and decorative landscaping in the
median of Feehanvi%!e Drive, immediately West of Wolf Road; and
WHEREAS, the President and Board of Trustees of the Village of
}~unt Prospect have considered said request by Opus, Designers,
Builders, Developers, Inc. 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~he~ein by this reference and agree to perpetual
maintenance of the sign and landscaping.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE:. The foregoing recitals are incorporated~rein as
though fully set forth.
SECTION TWO: Subject to the conditions set forth in SECTION
THREE herein, Owners of the Subject Property be and are hereby
authorized to locate a monument sign and landscaping within the
right-of-way of Feehanville Drive, Mount Prospect, /llinois,
legally described as follows:
Adjacent to Lot 501 in Kensington Center for Business, Phase
Five (5), a Subdivision in part of the Northeast 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 exedute 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:
NAYS:
Farley, Floros,
Murauskis, Van
Geem, Wattenburg
ABSENT: Arthur
PASSED and APPROVED this ls
day of June , 1985.
Vi~'iage President
ATTEST:
Village Clerk
~ INDENNIFICATION AGREENENT ~ ,~
The undersigned, Opus Designers Builders Developers, Inc.
for and in consideration' of the authorization given to the
undersigned by Ordinance No. ,3542 , passed and approved by the
President and Board of Truste~ ~he Village of Ilount Prospect
on 6/18/85 to construct and maintain a monument sign and
landscaping on the public right-of-way median of Feehanville
Drive adjacent to property owned by the undersigned, which parcel
of real estate is commonly known as Lot 501, Kensington Center
for Business Subdivision, hount Prospect, Illinois, and which is
legally described in said Ordinance No.3542 , hereby agrees to
defend, protect, indemnify and save and hoI~ harmless the Village
of Nount Prospect and each and every one of its officers, agents,
employees, servants, attorneys, successors and assigns of the
village of Nount 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 encroachment, namely, a monument sign and
landscaping on the public right-of-way in front of the Subject
Property.
The undersigned reserves the right to remove the encroach-
ments. Said removal shall only be accomplished with all required
permits and Village approvals. Upon said removal of all encroach-
ments, 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 Nount 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 monument sign. ~
The undersigned agrees that this Indemnification Agreement
shall De 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
1985.
STATE OF ILLINOIS )
)
COUNTY OF COOK )
Jan~s P. Nygaard
this 7th day of August
Opus Designers Builders Developers, Inc.
I,~a ~, ~ODf0~6~ , a Notary Public in and for the
County o£ Cook, Sta~e of Illinois, states that ]~7tf% ~ ~/~q~
personally known to'me to be the same persons wh6 subscribed
their names to the foregoing Agreement, subscribed their names as
their free and voluntary acts on this ¥~ oay of ~,
1985.
(Nt~_Jry Seal)'
Notary Public
My Cmmissie, Ex ires g pt. 8, 1985