HomeMy WebLinkAboutOrd 3536 06/04/1985 RDINANCE NO. 3536
AN ORDINANCE AUTHORIZING AN ENCROACHMENT ONTO
PUBLIC RIGHT-OF-WAY LOCATED WITHIN THE KENSINGTON
CENTER FOR BUSINESS IN THE FORM OF LOCATING A
FEDERAL EXPRESS DROP BOX IN THE PARKWAY
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD
OF TRUSTEES THE 4th DAY
OF JUNE, 1985
Published in pamphlet form by
the authority of the corporate
authority of the Village of
Mount Prospect, Illinois, 1985
RDINANCE NO. 3535
AN ORDINANCE AUTHORIZING AN ENCROACHMENT ONTO
PUBLIC RIGHT-OF-WAY LOCATED WITHIN THE KENSINGTON
CENTER FOR BUSINESS IN THE FORM OF LOCATING A
FEDERAL EXPRESS DROP BOX IN THE PARKWAY
WHEREAS, Section 9.109 of Chapter 9, Article I of the Village
Code of Mount Prospect provides that exceptions to the prohibitions
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 "Petitioner") is the owner/developer of property
commonly known as Kensington Center for Business in the Village of
Mount Prospect (hereinafter referred to as the "Subject Property")
has requested the President and Board of Trustees of the Village
of Mount Prospect to allow an encroachment into the public right-of-
way by placing a Federal Express Drop Box on the wheeling Road
right-of-way adjacent to Lot 4 in Kensington Center for Business;
and
WHEREAS, the President and Board of Trustees of the Village of
Mount Prospect have considered said request by Opus Designers,
Builders, Developers, Inc. and have determined that it is
appropriate to grant said encroachment provided that the Petitioner
shall execute an Indemnification and Hold Harmless Agreement,
attached hereto as Exhibit A and incorporated herein by this
reference.
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 herein as
though fully set forth.
SECTION TWO: Subject to the c~nditions set forth in SECTION THREE
herein, Petitioners are hereby granted authorization to encroach
on the public right-of-way and locate a Federal Express Drop Box
on the Wheeling Road right-of-way as follows:
Adjacent to Lot 4 in Kensington Center Resubdivision III
of Lots 3 and 4 in Kensington Center, Phase One, being
a subdivision in the East half of Section 34, and the
West half of Section 35, Township 42 North, Range 11,
East of the Third Principal Meridian, according to the
Plat thereof recorded November 19, 1980, as
Document No. 25671876, all in Cook County, Illinois
as shown on the Site Plan attached hereto as Exhibit B.
SECTION THREE: The authorization to encroach upon the public
right-of-way is hereby granted to the Petitioner on the Subject
Property provided that the Petitioner 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 Petitioners' heirs,
successors, assigns and peronal representatives and successor
legal and beneficial owners of the Subject Property.
SECTION FOUR: This Ordinance shall be in full force and effect
pus Encroa[
from and after its passage, approval and publication in
pamphlet form in the manner provided by law, and recordation
of the fully executed Indemnification Agreement attached
hereto as Exhibit A.
AYES: Farley, Floros, Murauskis, Van Geem, Wattenburg
NAYS:
ABSENT: Arthur
PASSED and APPROVED this 4th day of June , 1985.
Village P/resident
ATTEST:
NDE~IFI CATION AGREEI~ENT
The unders£gned~ FED~L EXPRESS CORPORATION
for and in consideration Of'~he ~tho~iza~ion given ~o the
undersigned by Ordinance No.' 3536 , passed and approved b7 the
President and Board of Trustees of the Village of ]{cunt Prospect
on 6/4/85 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 50], Kensington Center
for Business Subdivision, )lount Prospect, Illinois, and which is
legally described in said Ordinance No. ~K~. hereby agrees to
defend, protect, indemnify and save and hold harmless the Village
of ~ount Prospect and each and every one of its officers, agents,
employees,., servants, attorneys, successors and assigns of the
Village of )Iount Prospect if any person, firm or corporation
shall assert or attempt to as'sert any claim, demand, cause or
causes of action or actions against the Village for any expense,
injuries, damages or lessees of any. kind or character whatsoever
.arising out of the encroachment, namely, a monument sign and
landscaping on the public rig~t-ofUway in front.of the Subject
Property.
The undersigned further acknowledges that in the event the
Village of ~lount 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.
The undersigned agrees that this Indemnifica6ion Agreement
shall be binding ·upon any and all heirs, successors, aesigns a~d
personal representatives of the undersigned and any and all
successor legal and henefidial owners 6f~t~F'~ub]e~t Property.
' UHEREFORE, the undersigned
have set their hands and seals this ~ day of
1985.
FEDERAL~PREShCORPORATION
Jug';th A. ~gala, Vice President
STATE OF ILLINOIS )
)
COUNTY OF COOK )
I, ~\~T~ -~- ~%r~k~ , a Notary Public in and for the
County o~'Co'~, State of Illinois, states that
persomally ~no~n mo me to be the same persons ~ho subscribed
their names to the foregoing Agreement subscribed their names as
their fr~e-~d ~6~-~'~'ary acts on 'this ~ day
1985.
~(N~tary Seai5
Notary public
ApprQve~ to keg~! Form