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HomeMy WebLinkAboutOrd 3435 07/03/1984ORDINANCE NO. 3435 AN ORDINANCE AUTHORIZING A CANOPY OF A BUILDING AT 15 W. BUSSE TO ENCROACH OVER SIDEWALK PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 3rd DAY OF July ,1984. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 4th day of July , 1984. ORDI~A~ ~0. 34q5 AN ORDINANCE AUTHORIZING A CANOPY OF A BUILDING AT 15 W. BUSSE TO ENCROACH OVER SIDEWALK WHEREAS, Section 9.108 of Chapter 9, Article I of the Municipal Code of the Village of Mount Prospect provides that by ordinance exceptions to the prohibition on encroachments contained in said Section may be allowed; and WHEREAS, Mount Prospect State Bank Trust ~1334 (hereinafter referred to as "Owner"), the owner of a parcel of property commonly known as 15 W. Busse in the Village of Mount Prospect to allow a fixed canopy to be constructed on the premises of the Subject Property, which fixed canopy will encroach upon the public alley and sidewalk by approximately 24 inches; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have considered said request by Mount Prospect State Bank, Trust ~1334 and have determined that it is appropriate to grant said request provided that the owner of the Subject Property executes the 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 Boa~d~ of Trustees of the village of Mount Prospect, Cook County, Illinois, as follows: SECTION ONE: The foregoing recitals are incorporated herein as though fully set forth. SECTION TWO: Subject to the conditions.~set forth in SECTION THREE hereafter, Owner of the premises of the Subject Property be, and is hereby, authorized to construct and maintain a fixed canopy on the premises of the Subject Property in the location shown on the plan therefor attached hereto as Exhibit B and incorporated herein by this reference, which fixed canopy shall be permitted to overhang by no more than 24 inches the public alley and sidewalk located in front and side of the premises of the Subject Property. SECTION THREE: The authorization to encroach upon the public alley and sidewalk granted to the Owner of the premises of the Subject Property in SECTION TWO hereinabove is conditioned upon Owner's execution of 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 Owner and the Owner's heirs, successor assigns and personal representatives and successor legal and beneficial owners of the Subject Property. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and recordation by the Owner of the premises of the Subject Property of a fully executed Indemnification Agreement, Exhibit A hereto. PASSED THIS 3rd DAY OF July ..., 1984 AYES: FARLEY, FLOROS, VAN GEEM, WATTENBERG NAYS: NONE ABSENT:ARTHUR, MURAUSKIS APPROVED THIS 3rd DAY OF July VILLAGE CLERK , 1984 VIL~E PRESIDENT NDEMNIFICATION AGPdEEMENT The Undersigned, , for and in consideration of the authorization given to the Undersigned by Ordinance No. , passed and'approved by the President and Board of Trustees of the Village of Mount Prospect on , 1984, to construct and maintain a fixed canopy as an encroachment over the public alley and sidewalk in front and side of the premises of a parcel of real estate owned by the Undersigned, which parcel of real estate is commonly known as 15 W. Busse in the Village of Mount Prospect, Cook County, Illinois, and which is legally described on Exhibit 1 attached hereto and incorporated herein by this reference (hereinafter referred to as the "Subject Property"), hereby agrees to defend, protect, indemnify and save and hold harmless the Village of Mount Prospect and each and every one of its officers, agents, employees, servants, attorneys, successors and assigns (hereinafter referred to collectively as the "Village") 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 expenses, injuries, damages or losses of any kind or character whatsoever arising out of the encroachment of a fixed canopy over the public sidewalk in front of the Subject Property. The Undersigned agrees that this Indemnification Agreement s~all 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, set Undersigned's hand and seal this 1984. day of , has · a Notary Public in and for the County of Cook, State of Illinois, states that , personally known to me to be the same person who subscribed name to the foregoing Agreement· subscribed name as free and voluntary act on this day of , 1984. Notary Public EXHIBIT A FFIDAVIT I, , after first being duly sworn, on oath state that I am the owner of record and the sole owner of a parcel of real estate commonly known as 15 W. Busse in the Village of Mount Prospect, Cook County, Illinois, and legally described as follows: · a Notary Public in and for the County of Cook, State of Illinois, states that · personally known to me to be the same person who subscribed name to the foregoing Affidavit, subscribed name as free and voluntary act on this day.of , 1984. Notary Public EXHIBIT 1 .. PLAT OF Lot 2 and that Dart of ~t 1 lyi~ West of a line dra~ from the Northwest comer of said Lot