HomeMy WebLinkAboutOrd 3304 01/04/1983 RDINANCE NO. 3304
AN ORDINANCE AUTHORIZING AN ENCROACHMENT INTO RIGHT-
OF-WAY FOR PROPERTY LOCATED AT 406 W. CENTRAL ROAD
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
THE 4th DAY OF January ,1983~~
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
4th day of January , 1983.
RDINANCE NO. 3304
AN ORDINANCE AUTHORIZING AN ENCROACHMENT INTO
RIGHT-OF-WAY FOR PROPERTY LOCATED AT 406 W. CENTRAL ROAD
WHEREAS, Section 9.105 of Chapter 9, Article 1 of the Village
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, Howard A.Sellke (hereinafter referred to as "Owner"),
the owner of the parcel of property commonly known as
406 West Central Road 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
a portion of the building and roof located on the Subject Property
to encroach onto the right-of-way approximately twenty two and
one-quarter inches (22¼"); and
WHEREAS, the President and Board of Trustees of the Villaqe of
Mount Prospect have considered said request by Howard A. Sellke, and
have determined that it is appropriate to grant said request;-
inasmuch as the Department of Transportation of the State of Illinois
did determine that granting such encroachment would not object to
the continuation of the encroachment; provided that the Owner of
the Subject Property executes the Indemnification and Hold Harmless
Agreement attached hereto and made a part hereof as Exhibit "A".
NOW, THEREFORE, BE IT ORDAINED. BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the foregoing recitals incorporated herein as
though fully set fo[th.
SECTION TWO: Subject to the conditions set forth in SECTION THREE
hereafter, Owner of the premises of the Subject ~roperty be, and is
hereby, authorized to allow the continuation of the existing
encroachment, as shown on the attached plan, which encroachment
is approximately twenty two and one-quarter inches (22¼").
SECTION THREE: The authorization to encroach upon the right-of-way
granted to the Owner of the premises of the Subject Property as
set forth herein, legally described as:
Lot One in H. A. Sellke Resubdivision, being a resubdivision
of part of the West Half of the Southwest Quarter of
Section 34, Township 42 North, Range 11 East of the Third
Prinicipal Meridian, in the Village of Mount Prospect,
Cook County.
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 epp]icable, and shall be binding
upon the Owner and the Owner's heirs, successors, 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 of a fully executed Indemnificaticn Agreement,
Exhibit A hereto.
AYES: Arthur, Farley, Floros, Richardson, Wattenberg
NAYS: None
ABSENT: Murauskis
PASSED and APPROVED this 4 day of January , 1983.
ATTEST:
NDEMNIFICATION AND HOLD HARMLESS AGREEMENT
The undersigned, HOWARD A. SELLKE, for and in consideration of
the authorization given to the undersigned by Ordinance No.3~O~,
passed and approved by the President and Board of Trustees of the
Village of Mount Prospect on ~d~ ~ , 1983, to construct
and maintain an encroachment into public right-of-way of
approximately twenty two and one-quarter ihches (22¼") of the premises
of a parcel of rea! estate owned by the undersigned, legally
described as:
Lot One in H. A. Sellke Resubdivision, being a
Resubdivision of part of the West Half of the
Southwest Quarter of Section 34, Township 42 North,
Range 11 East of the Third Principal Meridian, in
the Village of Mount Prospect, Cook County, Illinois
commonly known as 406 West Central Road, Mount Prospect, Illinois,
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 clai~,~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 t~e encroachment
into the right-of-way on the Subject Property.
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.
WHEREAS, the undersigned, Howard A. Sellke has set his
hand and seal this ~ day of ~d~R,~ , 1983.
SUBSRIBED and SWORN to
before me this ~ day
Notary Public
IGN
FOUNDATION WALL