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HomeMy WebLinkAbout6. NEW BUSINESS 5/6/03 illage of Mount Prospect Community Development Department MEMORANDUM TO: FROM: DATE: SUBJECT: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT MAY 2, 2003 PZ-09-03 - CONDITIONAL USE (PORCH) 404 S. WILLE STREET BRANDI & TODD SULAK - APPLICANTS The Planning & Zoning Commission transmits their recommendation to approve Case PZ-09~03, a request for an unenclosed covered porch, as described in detail in the attached staff report. The Planning 86 Zoning Commission heard the request at their April 24, 2003 meeting. The Subject Property is located in a single-family residential neighborhood. The proposed porch would encroach 4-feet into the 30-foot front yard and thus requires Conditional Use approval. The porch would have a concrete base and wood frame, and would include an overhang, railings, and columns. The Planning & Zoning Commission discussed the petitioner's plans for an addition and noted how the porch would enhance the addition. The P&Z commented on the scope of the addition and how including the porch would make the house an asset to the neighborhood. The Planning & Zoning Commission members voted 6~0 to recommend that the Village Board approve a request for a Conditional Use permit for the construction of an unenclosed covered porch 26-feet feet from the front property line at 404 S. Wille Street, Case No. PZ~09-03. Please forward this memorandum and attachments to the Village Board for their review and consideration at their May 6, 2003 meeting. Staff will be present to answer any questions related to this matter. William J. ~ooney, Jr.,/AICP MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-09-03 Hearing Date: April 24, 2003 PETITIONER: Todd & Brandi Sulak PROPERTY ADDRESS: 404 S. Wille \PARCEL #: 08-12-301-015 PUBLICATION DATE: Aph19,2003 REQUEST: MEMBERS PRESENT: Conditional Use to allow a front porch to encroach into the front yard setback Arlene Juracek, Chairperson Merrill Cotten Joseph Donnelly Leo Floros Richard Rogers Keith Youngquist MEMBERS ABSENT: Matthew Sledz STAFF MEMBERS PRESENT: INTERESTED PARTIES: Judy Connolly, AICP, Senior Planner Michael Jacobs, AICP, Deputy Director of Community Development Chairperson Arlene Juracek called the meeting to order at 7:34 p.m. Richard Rogers made a motion to approve the minutes of the March 24 meeting, seconded by Merrill Cotten. The March meeting minutes were approved 5-0, with one abstention by Keith Youngquist. At 7:56 Ms. Juracek introduced Case No. PZ-09-03, a request for a Conditional Use to allow a front porch to encroach into the front yard setback. She said that the request would be Village Board final. Judy Connolly, Senior Planner, presented the case and said that the subject property was located on the west side of Wille Street, between Lincoln Street and Sha Bonee Trail. She said that it contains a single-family residence with related improvements. The subject property is zoned RA Single Family Residence and is bordered on all sides by the RA district. She said that the existing home is currently set back approximately 33-feet from the front lot line, 5-feet from the south side lot line, and 10.35-feet from the north side lot line. Ms. Connolly said the petitioner plans to add on to the house and include an unenclosed wrap-around porch. She said that the proposed improvements include extending the house to the west, adding a second story addition, and installing a porch with a concrete base. The proposed porch would encroach 4' into the required front yard, which requires Conditional Use approval. She said that the existing home and addition, except the porch, would comply with zoning regulations and noted that the table in the staff memo compares the petitioner's proposal to the RA Single Family Residence district's bulk requirements. Ms. Connolly summarized the standards for Conditional Uses listed in the Zoning Ordinance. She said that the porch meets the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances and that the proposal would not adversely affect the character of the surrounding neighborhood, utility provision or public streets. Based on these findings, Ms. Connolly said that Staff recommends that the Planning & Zoning Commission make a recommendation to the Village Board to approve a Conditional Use for an unenclosed porch to encroach 4-feet into the lanning & Zoning Commission PZ-09-03 Arlene Juracek, Chairperson Page 2 required front yard for the residence at 404 S. Wille Street, Case No. PZ-09-03. She said that the Village Board's decision is final for this case. Brandi Sulak was sworn in and testified that the last page of her request was a drawing of what the addition would look like without the porch. She pointed out the boxlike appearance of that drawing and said it was unacceptable. She said they spend a lot of time out in from of the house and decided the porch would be a very worthwhile addition. She added that the porch floor ~vould be concrete. Mr. Youngquist verified that the petitioner understood the porch could never be enclosed. Ms. Sulak agreed. Mr. Rogers said this would be an attractive addition to the neighborhood. Ms. Juracek closed the public hearing at 8:04. Richard Rogers moved to recommend approval of the request for a Conditional Use to allow an unenclosed porch to encroach 4-feet into the front yard setback for the property at 404 S. Wille St., Case No. PZ~09-03. Leo Floros seconded the motion. UPON ROLL CALL: AYES: Cotten, Donnelly, Floros, Rogers, Youngquist and Juracek NAYS: None Motion was approved 6-0. P&Z decision is final. At 9:15 p.m, Leo Floros made motion to adjourn, seconded by Joe Donnelly. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary J~tdy Connoll3$, Sefiior Planner H:\GEN\PLANNING\Plannlng & Zoning COMM\P&Z 2003'~q/inutes\PZ~09~03 404 S Wille St .doc Village of Mount Prospect Community Development Department CASE SUMMARY - PZ- 09-03 LOCATION: 404 S. Wille Street PETITIONER: Todd and Brandi Sulak OWNER: Todd and Brandi Sulak PARCEL#: 08-12-301-015-0000 LOT SIZE: 0.18 acres (7,850 square feet) ZONING: RA Single Family Residence LAND USE: Single Family Residential REQUEST: Conditional Use - Porch in front yard LOCATION MAP 43%439 441-443 449-47~1 ~-4ssi Lincoln Street Sha-Bonee Trail 401 407 409 413 ~ 417 ~ 419 421 5O3 519 Council Trail Village of Mount Prospect Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: APRIL 17, 2003 HEARING DATE: APRIL 24, 2003 SUBJECT: PZ-09-03 - CONDITIONAL USE (PORCH) 404 S. WILLE STREET (SULAK RESIDENCE) BACKGROUND A public hearing has been scheduled for the April 24, 2003 Planning & Zoning Commission meeting to review the application by Todd and Brandi Sulak (the "Petitioner") regarding the property located at 404 S. Wille Street (the "Subject Property"). The Petitioner has requested Conditional Use approval to allow the construction of a new porch in the front yard. The P&Z heating was properly noticed in the April 9, 2003 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250- feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the west side of Wille Street, between Lincoln Street and Sha Bonee Trail, and contains a single-family residence with related improvements. The Subject Property is zoned RA Single Family Residence and is bordered on all sides by the RA District. The existing home on the Subject Property is currently set back approximately 33-feet from the front lot line (33.29'), 5-feet from the south side lot line, and 10.35-feet from the north side lot line. SUMMARY OF PROPOSAL The attached exhibits outline the Petitioner's plans for the proposed addition and unenclosed wrap-around porch. The proposed improvements include extending the house to the west (rear), a second story addition, and installing a porch with a concrete base. The proposed porch would encroach 4' into the required front yard, thus requiting Conditional Use approval. GENERAL ZONING COMPLIANCE As previously noted, the existing home and addition comply with zoning regulations. The table on the following page compares the Petitioner's proposal to the RA Single Family Residence district's bulk requirements. Z~09-03 Planning & Zoning Commission meeting ApriI 24, 2003 Page 3 RA Single Family District Existing Proposed Minimum Requirements SETBACKS: Front 30' 33.29' 26.00' Interior 5' 9.6' north & no change 5' south no change Rear 25' 37' no change LOT COVERAGE 50% Maximum 38% 45.5% CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14.203 :F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; · The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; · Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and · Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. The proposal would not adversely affect the character of the surrounding neighborhood, utility provision or public streets, and the proposed Conditional Use will be in compliance with the Village's Comprehensive Plan and Zoning Ordinance. RECOMMENDATION The proposed unenclosed porch meets the Conditional Use standards contained in Section 14.203.F.8 of the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission make a recommendation to the Village Board to approve a Conditional Use for an unenclosed porch to encroach 4-feet into the required front yard for the residence at 404 S. WilIe Street, Case No. PZ-09o03. The Village Board's decision is final for this case. [ concur: William J. Cooney, AICP, Director of Community Development VILI AGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT - planning Division 100 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847,818.5329 Application for Conditional Use Approval Case Number ' Paz Development Name/Address Date of Submission Hearing Date Address(es) (Street Number, Street),, Site Area (Acres) Property Zomg Total Building Sq. Ft. (Site) Setbacks: Front Rear Side Side Building Height Lot Coverage (%) Number of Parking Spaces Adjacent Lanai Uses: North , ,- South . t~ East _ West Tax I.D. Number or County Assigned Pin Number(s) Legal Description (attach additional sheets if necessary) Name ' Telephone (d~' Co~oration Telephone (evening) S~eet Ad,ess Fax ~,~ State Zip Code Pager, ~ ............ Interest in Prope~ Name Telephone (day) Corporation Telephone (evening) Street Address Fax: City State Zip Code Pager Developer Name Telephone (day) Address Fax Attorney Name Telephone (day) Address Fax Surveyor Name Telephone (day) Address Fax Engineer Name 'relephone (day) Address Fax Architect rr'~ _t ' Name ~,~y~l~ tr)v~ ~~ Telephone(day): Landscape Architect Name Telephone (day): Address Fax Mount Prospect Department of Community Development 1 O0 South Emerson Street, Mount Prospect Illinois www.mountprospect.org Proposed Conditional Use (as listed in the zoning district) Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Attached Standards for Conditional Use Approval (attach additional sheets if necessary) r Ohb, Ho~s of Operation Ad~ess(qs) ~ (S~eet ~Nmber' Sit[ ~ea (Acres) Prope~ Zo~g Total Bulldog Sq. Ft. (Site) sq. Ft. Devoted to Proposed Use ~1 Rear Side Side Bulldog Height Lot Coverage (%) Nmber of Paring Spaces '' q ,s Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staffso that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as xvell as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. Tb.e petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all informatio ovided herein and in all materials submitted in association with this application are rme and accurate to thc, best of my knowled~'. Applicant ~'~[~ ~ Date If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supporting material. Property Owner Date __ Mount Prospect Department of Community Development 100 South Emerson Street, Mount Prospect Illinois www.mountprospect.org 0 0 O0'Og 133WIS 31991~A 'S ,O0'Og 3Nh A.LW~dO~d ':IN~ ,AJ.~dO~cl ..... _r '1 L, ...... -I I I I L.I ..... ~1 I I I I I I i ..... I LJ I I I I ! I I I .,-4--I I I I I I I "1- ,,I I I I I I I I t I I I I I 1 t I---~ I I I II It i1 April 24, 2003 William J. Cooney, AICP Director of Community Development Village of Mount Prospect 100 S. Emerson Street Mount Prospect, IL 60056 Dear Mr. Cooney, The Planning & Zoning Commission recommended approval of our conditional use for a front porch by a 7-0 vote. Our case is scheduled to go before Village Board for the ordinance's first reading May 6, 2003. We are requesting that the Village Board waive the second reading, tentatively scheduled for the second Village Board meeting, and take final action at the May 6 meeting. We have an addition to the first and second story that has already been approve and we would like to start the project as soon as possible. We appreciate your assistance in facilitating this request. Should you have any questions, feel free to contact us at 847-818-9647 Sincerely, Todd & Brandi Sulak 404 S. Wille St Mount Prospect, IL 60056 kad 4/24/03 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTYLOCATED AT404SOUTH WILLESTREET WHEREAS, Todd and Brandi Sulak (hereinafter referred to as "Petitioners") have filed a petition for a Conditional Use permit, with respect to property located at 404 South Wille Street (hereinafter referred to as the "Subject Property"), and legally described as follows: Lot 22 in Block 3 in Prospect Park Subdivision number 1 of the west ¼ of the north 60 rods of the southwest ~ of Sec. 12, Township 41 North, Range 11 East of the Third Principal Meridian, in Cook Country, IL. Property Index No. 08-12-301-015; and WHEREAS, the Petitioners seek a Conditional Use permit to construct an unenclosed porch that would encroach four feet (4') into the required front yard setback; and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit being the subject of PZ-09-03 before the Planning and Zoning Commission of the Village of th Mount Prospect on the 24 dayofApril, 2003, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 9th day of April, 2003; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees in support of the request being the subject of PZ-09-03; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use permit would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. Page 2/2 404 S. Wille Street SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use permit, as provided for in Section 14.203.F.7 of the Village Code, to allow the construction of an unenclosed porch that would encroach four feet (4') into the required front yard setback, as shown on the Site Plan, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A." SECTION THREE: That the Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVEDthis day of 2003. ATTEST: Gerald L. Farley Village President Velma W. Lowe Village Clerk R:\GEN\flles\WIN/ORDINANC\C USE, 404 s wi[re street,porch.doc illage of Mount Prospect Community Development Department MEMORANDUM TO: FROM: DATE: SUBJECT: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT MAY 2, 2003 PZ-10-03 - CONDITIONAL USE (PORCH) 316 N. ELM STREET ERIC SPENCER- APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-10-03, a request for an unenclosed covered porch, as described in detail in the attached staff report. The Planning & Zoning Commission heard the request at their April 24, 2003 meeting. The Subject Property is located in a single-family residential neighborhood. The proposed porch would encroach 5-feet into the required 30-foot front yard setback, thus it requires Conditional Use approval. The porch would have a brick paver base and an overhang with the required structural supports. The Planning & Zoning Commission briefly discussed the petitioner's existing garage, plans for a second story addition, the porch materials, and noted that the porch and addition complied with zoning regulations. The Planning & Zoning Commission members voted 6-0 to recommend that the Village Board approve a request for a Conditional Use permit for the construction of an unenclosed covered porch 25-feet feet from the front property line at 316 N. Elm Street, Case No. PZ-10-03. Please forward this memorandum and attachments to the Village Board for their review and consideration at their May 6, 2003 meeting. Staff will be present to answer any questions related to this matter. MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-10-03 Hearing Date: April 24, 2003 PETITIONER: Eric Spencer PROPERTY ADDRESS: 316 N. Elm St. PARCEL #: 03-34-402-015 PUBLICATION DATE: April 9, 2003 REQUEST: MEMBERS PRESENT: Conditional Use to allow a front porch to encroach into the from yard setback Arlene Juracek, Chairperson Merrill Cotten Joseph Donnelly Leo Floros Richard Rogers Keith Youngquist MEMBERS ABSENT: Matthew Sledz STAFF MEMBERS PRESENT: INTERESTED PARTIES: Judy Connolly, AICP, Senior Planner Michael Jacobs, AICP, Deputy Director of Community Development Eric Spencer Chairperson Arlene Juracek called the meeting to order at 7:34 p.m. Richard Rogers made a motion to approve the minutes of the March 24 meeting, seconded by Merrill Cotten. The March meeting minutes were approved 5-0, with one abstention by Keith Youngquist. At 8:05, Ms. Juracek introduced Case No. PZ-10-03, a request for a Conditional Use to allow a front porch to encroach into the front yard setback. She said that the request would be Village Board final. Judy Connolly, Senior Planner, presented the case. She said that the subject property is located on the west side of Elm Street, between Gregory and Isabella Streets, and contains a single-family residence with related improvements. The subject property is zoned RA Single Family Residence and is bordered on all sides by the RA district. The home is currently set back approximately 31-feet from the front lot line, 1 O-feet from the south lot line, and 9.8-feet from the north tot line. She said that the petitioner plans to add on to the house and include an unenclosed front porch. The proposed improvements include extending the house to the west, a second story addition, and installing an unenclosed porch with a brick paver base. She noted that the proposed porch would encroach no more than 5' into the required front yard and required conditional use approval. Ms. Connolly summarized the standards for Conditional Uses listed in the Zoning Ordinance. She said that the porch meets the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances and that the proposal would not adversely affect the character of the surrounding neighborhood; utilities or public streets and the proposed Conditional Use will be in compliance with the Village's Comprehensive Plan and Zoning Ordinance. Based on these findings, Ms. Connolly said that Staff recommends that the Planning & Zoning Commission make a recommendation to the Village Board to approve a Conditional Use for an unenclosed porch to encroach no more than 5-feet into the [equired front yard for the residence at 316 N. Elm Street, Case No. PZ- 10-03. She said that the Village Board's decision is final for this case. lanning & Zoning Commission PZ- 10-03 Arlene Juracek, Chairperson Page 2 Richard Rogers asked whether the garage shown on the site plan was a new garage or an existing garage. Ms. Connolly said that was a drawing of the existing garage. Mr. Rogers noted that the garage appeared to be close to the side lot line. Eric Spencer was sworn in. He said the garage was built new last summer and is three feet from the property line, which is the required setback. He explained that they want to put on a 20'x2-1/2' addition to the house to replace a smaller previous addition at the back of the house and add a second floor to the house above that. There will be a porch in the back similar to the one they are requesting for the front of the house. Richard Rogers said this addition would be a substantial improvement to the house and the neighborhood. He stated that these additions increase the value of surrounding homes. Ms. Juracek noted no objections had been forwarded to the P&Z Commission. Ms. Juracek closed the public hearing at 8:08. Richard Rogers moved to recommend approval of the request for a Conditional Use to allow an unenclosed porch to encroach into the front yard setback for the property at 316 N. Elm St., Case No. PZ-10-03. Keith Youngquist seconded the motion. UPON ROLL CALL: AYES: Cotten, Donnelly, Floros, Rogers, Youngquist and Juracek NAYS: None Motion was approved 6-0. P&Z decision is final. At 9:15 p.m, Leo Floros made motion to adjourn, seconded by Joe Dormelly. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary ~u~ly Conn,611y, Semor rlanne~ Village of Mount Prospect Community Development Department CASE SUMMARY - PZ- 10-03 LOCATION: PETITIONER: OWNER: PARCEL #: LOT SIZE: ZONING: LAND USE: REQUEST: 316 N. Elm Street Eric Spencer Eric Spencer 03-34-402-015-0000 0.19 acres (8,191.26 square feet) RA Single Family Residence Single Family Residential Conditional Use - Porch in front yard LOCATION MAP Gregory Street 305 [ 304 ~ ~-- 304 ~ 2 305 Isabella Street _~ Thayer Street Village of Mount Prospect Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: APRIL 17, 2003 HEARING DATE: APRIL 24, 2003 SUBJECT: PZ-10-03 - CONDITIONAL USE (PORCH) 316 N. ELM STREET (SPENCER RESIDENCE) BACKGROUND A public hearing has been scheduled for the April 24, 2003 Planning & Zoning Commission meeting to review the application by Eric Spencer (the "Petitioner") regarding the property located at 316 N. Elm Street (the "Subject Property"). The Petitioner has requested Conditional Use approval to allow the construction of a new porch in the front yard. The P&Z hearing was properly noticed in the April 9, 2003 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250-feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the west side of Elm Street, between Gregory and Isabella Streets, and contains a single-farnily residence with related improvements. The Subject Property is zoned RA Single Family Residence and is bordered on all sides by the RA District. The existing home on the Subject Property is currently set back approximately 31-feet from the front lot line (3 I. 19'), 10-feet from the south (side) lot line, and 9.8-feet from the north (side) lot line. SUMMARY OF PROPOSAL The attached exhibits outline the Petitioner's plans for the proposed addition and unenclosed front porch. The proposed improvements include extending the house to the west (rear), a second story addition, and installing an unenclosed porch with a brick paver base (floor). The proposed porch would encroach no more than 5' into the required front yard, thus requiring Conditional Use approval. GENERAL ZONING COMPLIANCE As previously noted, the existing home and addition comply with zoning regulations. The table on the following page compares the Petitioner's proposal to the RA Single Family Residence district's bulk requirements. Z-10-03 Planning & Zoning Commission meeting April 24, 2003 Page 3 RA Single Family District Existing Proposed Minimum Requirements SETBACKS: Front 30' 31.19' 25.00' Interior 5' 9.8' north & no change 10' south no change Rear 25' 83' 69' LOT COVERAGE 50% Maximum 35 % 47% CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: · The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; · Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and · Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. The proposal would not adversely affect the character of the surrounding neighborhood, utility provision or public streets and the proposed Conditional Use will be in compliance with the Village's Comprehensive Plan and Zoning Ordinance. RECOMMENDATION The proposed unenclosed porch meets the Conditional Use standards contained in Section 14.203.F.8 of the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission make a recommendation to the Village Board to approve a Conditional Use for an unenclosed porch to encroach no more than 5-feet into the required front yard for the residence at 316 N. Elm Street, Case No~ PZ-10-03. The Village Board's decision is final for this case. I concur: William J. Cooney, AIC~, Director of Community Development VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 100 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Application for Conditional Use Approval Case Number P&Z -. Development Name/Address Date of Submission " .... '.. Address(es) (Street Number, Street) Site Area (Acres) Property Zoning Total Building Sq. Ft. (Site) Setbacks: Front Rear Side Side Build~g Height Lot Coverage (%) Number of Par~g Spaces Adjacent Land Uses: North Sou~ East West Tax I.D. Nmber or CounW Assigned P~ Nmber(s) Legal Description (a~ch additional sheeB if necessaw) Name Telephone (day) Corporation ~ Telephone (evening) S=eet Address Fax State Zip Code Pager Interest in Prope~ Name Telephone (day) / Corporation Telephone (evening) Street Address Fax: City State Zip Code Pager Developer Name Telephone (day) Address Fax Attorney Name Telephone (day) Address Fax Surveyor Name Telephone (day) Address Fax Engineer Name Telephone (day) Address Fax Architect ~ r-,- ~ Name Oe~-{rC~-¥ L~,[]~'c.,~ /~_r~ef,~2~ Telephone(day): c~22reO"7 ! Address //8 /~-~'~/~ /Y/e. ~ fie ~'~- Fax Landscape Architect Name Telephone (day): Ad&ess Fax Mount Prospect Department of Community Development 100 South Emerson Street, Mount Prospect Illinois www.moUntprospect.org Phone 847.818.5328 Fax 847.818.5329 TDD 847.39~.6064 roposed Conditional Use (as listed in the zoning district) DEscribe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Attached Standards for Conditional Use Approval (attach additional sheets if necessary) - Ad,ess(es) (S~eet Nmber, S~ee0 Site ~ea (Acres) Prope~ Zon~g Total Building Sq, Ft. (Site) Sq. Ft. Devoted to Proposed Use Setbacks: Front Rear Side Side 2:' /o ' Building Height Lot Coverage (%) Number of Parking Spaces Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials canbe reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents perm/ssion to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. A.plicant ~ k ~ ............. Date ~) S,/,~ J-~,/~: If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supporting material. Pr°PertyOwner ~ : ~ -- Mount Prospect Department of Community Development 100 South Emerson Street, Mount Prospect Illinois www.mountprospect.org Date Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 ' 12 1,,,f ORT'N ELM 4/28/2003 William J. Cooney, AICP Director of Community Development Village of Mount Prospect 100 S. Emerson Street Mount Prospect, IL 60056 Dear Mr. Cooney, The Planning & Zoning Commission recommended approval of our Conditional Use project (5ft. porch in front yard setback PZ-10-03). Our Conditional Use request is scheduled to go before the Village Board for the ordinance's first reading on May 6, 2003. We are requesting that the Village Board waive the second reading, tentatively scheduled for May 20, 2003, and take final action at the May 6th meeting. We are anxious to start the project as soon as possible. I appreciate your assistance in facilitating this request. Should you have any questions feel free to contact me at (847) 477-8385. Sincerely, Eric Spencer 316 North Elm Street Mount Prospect, IL 60056 kad 04/24/03 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 316 NORTH ELM STREET WHEREAS, Eric Spencer (hereinafter referred to as "Petitioners") have filed a petition for a Conditional Use permit, with respect to property located at 316 North Elm Street (hereinafter referred to as the "Subject Property"), and legally described as follows: Lot 3 in block 5 in Bluett's Subdivision of part of the north half of the southeast quarter of Sec. 34, Township 42 North, Range 11 East of the Third Principal Meridian, in Cook Country, IL. Property Index No. 03-34-402-015; and WHEREAS, the Petitioners seek a Conditional Use permit to construct an unenclosed porch that would encroach five feet (5') into the required front yard setback; and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit being the subject of PZ-10-03 before the Planning and Zoning Commission of the Village of th Mount Prospect on the 24 day of April, 2003, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 9th day of April, 2003; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees in support of the request being the subject of PZ-10-03; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use permit would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. Page 2/2 316 N. Elm Street SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use permit, as provided for in Section 14.203.F.7 of the Village Code, to allow the construction of an unenclosed porch that would encroach five feet (5') into the required front yard setback, as shown on the Site Plan, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A." SECTION THREE: That the Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of 2003. ATTEST: Gerald L. Farley Village President Velma W. Lowe Village Clerk H:\GEN\files\WIN\ORDINANC/C USE, 316 n elm street,po~ch,doc NTEROFFICE MEMORANDUM TO: VILLAGER MANAGER MICHAEL E. 3ANONIS VILLAGE CLERK VELMA LOWE FROM: VILLAGE ENGINEER DATE: MAY 1, 2003 SUBJECT: CRAIG SUBDIVISION PHASE II / APPROVAL AND ACCEPTANCE (DOUGLAS AVENUE AND WHITE OAK STREET) Contingent upon completion of the remaining punchlist items, I recommend approval of the subject project. Please place this in line for inclusion at the May 6, 2003 Village Board Meeting. (~lbecker ' Cc: Glen R. Andler, Public Works Director X:engineering\dev\lc\devguar\CraigSub2mm LA W OFFICES Palrick A. Lucansky E. Kenneth Friker Gerard E Dempsey Terrence M. Barn/cie Brace A. Zolna James P. Bartley Michael J, Duggan Thomas P. Bayer Dennis G. Walsh Scott F. Uhler Everette M, ttill, Janet N. Petsche James V. Ferolo Micl'~ae! T. Iurusik Thomas M. Melody TO: FROM: DATE: KLEIN, THORPE AND JENKINS, LTD. Suite 1660 20 North Wacker Drive Chica~, Illinois 60606-2903 Telephone (312) 984-6400 Facsimile (312) 984-6444 (312) 606-7077 Orlm~d Park Office 15010 S. Ravinla Avenue, Suite 17 Orland Park, IL 60462-3162 Telephone (708) 349-3888 Facsimile (708) 349-1506 Rmda Y. Allison Lance C. Malina Kathlecn T. Henn John R. Wiktor George A. Wagner James G Wargo Suzanne M. Fitch Michael A. Marrs Shawn P. Lee Of Counsel R/chard T, Wi~mner Writer=s Direct Dial (312) 984-6420 Writer=s E-Mail elnhill~a, klineLcom MEMORANDUM Michael E. Janonis, Village Manager Village of Mount Prospect Everette M. Hill, Jr. April 30, 2003 RE: Proposed Recapture Ordinance Attached to this memo, please find a proposed Ordinance governing the recapture of the cost of infrastructure improvements by developers. As you are aware, the law permits municipalities to provide developers the opportunity to be reimbursed for the cost of public improvements from other parties who may subsequently benefit from by those improvements. Such recapture considerations were addressed in three different chapters of our Village Code. Unfortunately, those chapters were not consistent in their requirements. Further, about six years ago, the staff developed a standard recapture document which in one respect or another was inconsistent with each of those chapters. This new ordinance brings our recapture requirements to one location within the Code, thus eliminating current inconsistencies and the potential for future inconsistencies. The new ordinance also eliminates conflicts with our standard form. The significant points of the Code provisions are as follows: 1. In each case we will now effectuate the recapture by adopting a recapture ordinance rather than approving the execution of a recapture agreement. If we decide to enforce such a recapture ordinance, we will then have the authority of a legislative act buttressing our claim. 2. We are not obliqated to bring legal action to enforce the recapture. We have the right to do so, but not the obligation. However, we will have legislated a clear right of action for the developer to pursue if the developer chooses to do so. Mr. Michael E. Janonis April 30, 2003 Page 2 3. We have reserved to ourselves a great deal of flexibility in apportioning the costs of the public improvements among the developer and the various benefitted properties. 4. We have assured that the Village will have no ultimate liability even if we are negligent and issue a permit to a benefitted property without requiring the payment of the apportioned costs. If you have any questions or comments, please contact me. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 16 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: That Section 16.609, entitled "Recapture Ordinances" of Chapter 16 of the Mount Prospect Village Code, shall be deleted in its entirety and a new Section 16.609 shall be inserted to be and read as follows: If: 1 ) a Municipal ordinance of the Village requires the installation of any water mains, sanitary sewers, storm drains, roadways or other public facilities; and 2) in the opinion of the Corporate Authorities such facilities may be used for the benefit of additional property not controlled by the person of whom installation is required; and 3) such water mains, sanitary sewers, storm drains, roadways or other facilities are to be dedicated to the public, the Corporate Authorities may, by ordinance, require other property which benefits by such facilities to contribute a fair and reasonable portion of certified costs of installation, including engineering costs, to the installing party. The Village shall have the sole authority to determine the following: The amount of interest, if any, to be charged to a benefitted property owner (not to exceed 10 percent simple interest/annum); b. The method by which the costs are to be certified; c. The fair and reasonable apportionment of costs; The party responsible for collection of the apportioned costs; eo The service charge due the Village for establishment of the recapture ordinance; fo The amount of time (not to exceed 10 years) that the ordinance is to remain in effect; The amount by which the appOrtioned costs are to be reduced due to depreciation; h. The method by which the ordinance is to be enforced; Any other matters Pertinent to the adoption of the ordinance. Any ordinance adopted pursuant to this Section shall be recorded against all parcels to be benefitted by the facilities with the Recorder of Deeds of Cook County. It shall be the responsibility of the installing owner to record the ordinance whether so stated in the recapture ordinance or not. The recording of the ordinance, in this manner, shall serve to notify persons interested in such additional property of the fact that there will be a charge in relation to such property for the connection to and use of the facilities constructed under the ordinance. The Village shall be held harmless by the installing property owner and successors against any claims made on account of the adoption of the recapture ordinance, any attempted implementation of the ordinance and any failure on the part of the Village or its officials to collect the recapture amount. SECTION 2: Article VII entitled "Water and Sewer Main Recapture Agreements" of Chapter 22 of the Mount Prospect Village Code shall be deleted in its entirety. SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: 2 NAYS: ABSENT: PASSED and APPROVED this __ day of ,2002. ATTEST: Gerald L. Farley, Village President Velma W. Lowe, Village Clerk C :\M yFilestMp\0 R DS\Sec 16,610.amd ~ord.wpd illage of Mount Prospect Community Development Department MEMORANDUM TO: FROM: DATE: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT APRIL 29, 2003 SUBJECT: RECAPTURE ORDINANCE FOR DOUGLAS AVENUE WATER MAIN IMPROVEMENTS Attached to this memorandum is a copy of a Recapture Ordinance that would enable Don Craig to recoup a portion of funds that he expended to extend a water main to serve his development. In order to provide water to his development, he was required to extend the water main across several properties that currently are not connected to the Village water system. Mr. Craig has constructed two single-family homes at the southeast corner of Douglas Avenue and White Oak Street. In order to provide water 'to these homes he was required to extend a water main from the corner of iLincoln Street and Douglas Avenue north to White Oak Street and around to Helena Avenue. Exhibit B of the Ordinance illustrates the five properties that benefited from the extension of the water main. If in the future these property owners wish to connect to the water system, they would be required to pay Mr. Craig for the costs of the installation of the water line across their property. The recapture fee is in effect for ten years from the date of the adoption of the ordinance. Please forward this memorandum and attachment to the Village Board for their review and consideration at their May 6th meeting. Staff will be present at that meeting to answer any questions related to this matter. illiam J. Coone~ J~:i H:\ADMN~BILL~MEM OS'~MEl~2003\Recaptur ¢ Ordinance- Don Craig doc LAW OFFICES STORINO, RAMELLO & DURKIN ROSEMONT. ILLINOIS 60018 DONALD J. STORINO MICHAEL K. DURKIb, ,RICHARD J, RAMELLO NIC'HOLA$ S, PEPPE'RS Mr. Bill Cooney Director of Community Development Village of Mount Prospect 100 South Emerson Street Mourn Prospect, IL 60056 847 318-9500 FAC$ MILE 8,47 April 11. 2003 VIA UPS OVERNIGHT RE: DOUGLAS AVENUE WATERMAIN EXTENSION RECAPTURE ORDINANCE Dear Bill: Pursuant to >'our comments. I am enclosing the revised draft of the Douglas Avenue Watemain Extension Recapture Ordinance. Please review and. if acceptable, arrange for the Ordinance to be placed on the May 6. 2003. Village Board agenda for approval. Should you have any additional comments or questions, please do not hesitate to call me. Thank you for your attention and assistance in this matter. Sincerely' >,ours. NSP/sw Enclosure cc: Don Craig t847-545-1498~ STORINO, RAMELLO & DURKIN ORDINANCE NO. AN ORDINANCE PRORATING THE COST OF CERTAIN PUBLIC IMPROVEMENTS IN THE VILLAGE OF MOUNT PROSPECT WHEREAS, Donald Craig, Sr. (hereinafter referred to as "Developer") as the owner and developer of the land commonly known as 303-305 South Douglas, legally described on Exhibit A, attached hereto and made a part hereof (hereinafter referred to as "Subject Property"); and WHEREAS, the Developer has constructed a certain water main extension ("Public Improvements") as part of the development of the Subject Property~ and WHEREAS, the Developer desires and the Village Code provides for the recapture of certain costs of Public Improvements from properties which will benefit from the improvements of others without paying any initial costs; and WHEREAS, the properties benefitting from the Public Improvements (hereinafter referred to as "Benefitting Properties") are legally described on Exhibit B, attached hereto and made a part hereof; and WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount Prospect that the best interests of the Village xvould be served by authorizing the Developer to recapture certain expenses associated with the Public Improvements from the owners of the Benefitting Properties. 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 President and Board of Trustees of the Village of Mount Prospect do hereby establish a total recapture in the amount of $40,333.04 ("Recapture Fee") against the Benefitting Properties. The Recapture Fee is based on the following breakdown: 1,270 lineal feet of water main extension commencing at the NWC of Lincoln Avenue and Douglas Avenue, north along the east side of Douglas, then east along the south side of White Oak Street, then south along the west side of Helena Street Total Cost: $88,158.30 Cost per Lineal Foot: $ 69.42 Total Benefitting Properties Cost: $40,333.04 The support for the apportionment is delineated on the Schematic, attached as Exhibit B and made a part hereof and the Apportionment, attached as Exhibil C and made a part hereof. Final lien waivers for the completed work are attached as Exhibit D and made a part hereof. SECTION TWO: No water connections or permits for water connection shall be made nor issued for any portion of the Benefitting Property, unless the connector shall pay to the Developer the Recapture Fee as set forth in Section One of this Ordinance. SECTION THREE: The fees set forth in Section One of this Ordinance shall accrue simple interest at a rate of six percent (6%) the date this Ordinance is adopted to the date of payment. SECTION FOUR: All fees set forth in this Ordinance shall be in addition to any other connection, tap-on or inspection fees required by the Village. SECTION FIVE: The Village of Mount Prospect shall have no obligation to collect the Recapture Fee due under this Ordinance. The Village will not be required to initiate legal proceedings for their collection and the Developer will not make the Village party to any proceeding brought for that purpose. The Developer agrees to indemnify and hold harmless the Village, its officers, agents employees, successors and assigns from any and all claims or damages to real or personal property and fi*om injuries or deaths suffered to any person or persons by reason of said improvement, its construction or installment and for claims made because of any attempt on the part of the Village to enforce the payment of the Recapture Fee. By virtue of this Ordinance, the Developer shall have the right to bring an action against any connector who has not paid the Recapture Fee set forth in this Ordinance. SECTION SIX: If it is determined that the Developer has not complied in any respect with Mount Prospect Village Codes the Village shall have no obligations of any kind or nature pursuant to this Ordinance. Further, the Village shall have no obligations whatsoever with respect to this Ordinance unless the Village has received, within thirty (30) days following the adoption of this Ordinance, a certification from the Developer that if the Village erroneously issues permits prior to the payment of any Recapture Fee as required herein, that the Developer will not bring action or actions against the Village for the error. SECTION SEVEN: This Ordinance shall benefit and be binding upon any successors heirs or assigns of the Developer. SECTION EIGHT: The Village m.ay issue permits upon the receipt of sworn statement from the owners of Benefitting Properties that t.he Recapture Fee set forth in this Ordinance have been paid. SECTION NINE: The term of this Ordinance shall be ten (10) years from the date of .2 adoption or such time as all fees are paid, whichever comes first. SECTION TEN: That, pursuant to the Section t 6.609 of the Village Code, the Developer shall record a copy of this Ordinance with the Cook County Recorder of Deeds. SECTION ELEVEN: This Ordinance shall be in full force and effect from and after its passage, approval and publication, in the manner provide by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2003. ATTEST: Velma W. Lowe, Village Clerk Gerald L. Farley, Village President NSP/sw 3~2003 (craig mount prospect) a:documentsl I/ordinances EXHIBIT A Commonly known as 303 S. Douglas Street, Mount Prospect, Illinois 60056; LOT 1 IN CRAIG'S PLAT OF CONSOLIDATION, BEING A RESUBDIVISION OF LOTS I AND 2 1N CRAIG'S SUBDIVISION PHASE It. A SUBDIVISION OF PART OF THE WEST ~/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 4t NORTH. RANGE I 1, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY. ILLINOIS. Commonly known as 305 S. Douglas Street. Mount Prospect. Illinois 60056; LOT 2 IN CRAIG'S SUBDIVISION PHASE 3, BEING A SUBDIVISION OF THAT PART OF THE WEST ½ OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST I/4 OF SECTION I0. TOWNSHIP 41 NORTH. RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. EXHIBIT B See Attached Schematic 5 'CLLq'~ ~DN~_=~NION~ SIGt-kO~¥PI j ~ , ,, TOTAL P.D2 312 S. Helena Arlington Heights, IL 314 S. Helena Arlington Heights, IL 316 S. Helena Arlington Heights, IL 2215 W. White Oak Arlington Heights, IL 600 E. Lincoln Arlington Heights, IL TOTAL EXHIBIT C Apportionment 76 LF 76 LF 76 LF 208LF 145 LF $ 5,275.92 $ 5,275.92 $ 5,275.92 $14,439.38 $10,065.90 $40,333.04 EXHIBIT D See Lien Waivers Attached CONTR. ., J. I ~8' RCP, CLASS 5 .!~"~ENCH. ,8ACKI,-iLL j 6 124' DiE 'NLET [SANITARYISEWER "SANITarY CLEAN-(~UT 77.00 MANHOL~ RECONSTRUC"TrON ' OOO SUt~ TOTA~ 7.~0.DO 1.270 12' X 8' PC W~TN $' VALVr~ VAULT FIRE HYDRANT COMPLETE 1'BURL DING 'TRENCH ~ACKFILL ~ = ~5 O01 .... CONCRE r~. CRIVE ASPHALT SUB TOTAL t0" GRANULA~BAS$ COU~ -- .~CC CU~'~ ~GUTT~i';i:Y PE 06 1 ? CONTRACT -- 53.00~"'-''' '"O.OOI CATE $0.0o $3?5.00': -- $1,740 O0 GROSS J O,O0 2 oo I 0 OO 2.00 )__ 0,00 50.06 --I ooo__ __o oo ~---~o_'o_ 0 O0 ~ i 0'00 ~'' '~ 5,O0 5 OD o.o0 000[ '~%o~"bo I 0 O0 -- ( o.oo~ OOO OOO 6,~ GO Il (~.~ O01 1,2Oo.oq.j . ' QESCRIPT1ON I CONTR ~UAN AMOUNT I GROSS I THiS 71 go ~ ~ ..,.~ 2 1!2' CONDUIT SUB TOTALi -- )AD[~T!ONS TO CONTRAb-'T -- · .. T...~ ~A~N Wi F)TTINGS GLASS 58 r-- 28 )S' ~'].'~'L~W:TEF~ MAIN w! FITTJN~'S~LAS$ 56 CLASS 20 1,000 gO $Z57.b-79.70i ooo I ~.oai T 2B,gBTQO 6,560 OO 530.00l ': D1 Pao~o Job No, 676 : · Pay F-sdmate Hq. 3 and Final · DIPAOLO COMPANY FINAL WAIVER OF LIEN [C:~nt;r~Bent upon receipt of payment.) . To Whom It May Concern: WHE,~EA$ theunrJersigned, DIPAOLO COMPANY, has been employed by DONALD $. CRAIG to furnish MATERIAL, LABOR AND EQUIPMENT for the proisct known as CRAIG'S SUBDIVISION, PHASEII,'MT. PROSPECT, iLLINOIS of which DONALDS. CRAIG is the cwr. er. Now, therefore, Theunders;gnerJ, for~ndin consideraticn of the sum ~f FORTY SIX THOUSAND SEVEN HUNDRED THIRTY EIGHT DOLLARS AND TWENTY CENTS ($ 46.738.201and o[hor good and valuable considerations, thereceip~whereofJshere~yec~nowledgedbythe undersigned, does hereby w~ive and release ~he ~ien ct right ~a or claim of ~;en u~der ;he ~a~u~es o~ ~he Stale of ~llinois relating ~o mechanics' · liens, w~th respect ~o and on the above-described premises, and =he improvements ~hereon, and on the material, fixtures, apparatus, of machinery furnished, and on the moneys or ~hor considerations due or to become due from ~he owner, on sccoun= of labor, services, ma~er[aL fixzures, appar~us or machinery, furnished by the undersigned, tu or on accoun~ of the ~a;d co~=rsctor or the sam owner, for the above- d~s~dbed premises. , .' ,:. :.Dated tli,e '29Tt¢; day of AUGtJ~T~. 2000 .... DI.PAOLO:C.OM~.~Y,, 43.50:01PAOLO CENtF..R, 6LENVI£W ILL N01S~.60026 . . Angelo Pres}C~snt ............................................... CoNTRACTOR'S AFFIDAVIT .... ' '"'", '"'" :'."-' -- TO WHOM iT MAY CONCERN: Theur~deraigned.(Namcl ANGEL0 DIPAOLO being duly sworn, deposes andeays that Eeorshels (Position) PRESIDENT of (Company Name) DIPAOLO COMPANY who is' the contractor furnishing MATERIAL. LABOR AND EQUIPIV~ENT f~r CRAIG'S SUBDIVISION, PHASE II, MT. PROSPECT, iLLINOiS project lucat~d in ~T. PROSPECT, ILLIN0fS owned by DONALD S. CRAIG. TNa~ the ~otal amount of the cc~rsc~, ~ciud~ng extras' i~ 5 298,423.~0 on wh[ch he or she has rcce;ved ~ayment of ~ 194.365.40 ~rior ~o ~his ~ayment. Th~ ali waivers are true, correct and genuine and dcllvered unconditionally and th~ there is no claim oitha~ Jegal or e~uitsblc to defeat the valldi:y of said waivers. That ~he following are the names and addresses of all ~a~ies who have furnished mazer[al or labor, or both, for said work and ail p~rties havre9 con~racts or subcontracts for s~ecific portions of said work or for material entedng into the ~onstru~ion thereof and the amount due or to become due [o each, and that the items mentioned i~c[ude ali labor and material required [o complete said work according ~o plans and specifications: NAMES AND ADDRESSES WHAT FOR CONTRACT PRICE AMOUNT THiS BALANCE INCLDG EXTRAS' PAID PAYMENT DUE TOTAL LABOR AND MATERIAL INCLUDING EXTRAS" TO COMPLETE. That there are ne other contracts for said work nutS"tand~ng, and ,~ho[ there is nothing due or to become due to any person for material, labor or other work of any kind done upon or in connection with sold work other than above slated. DATE: AUGUST29, 2000 SIGNATURE:_ ~ Angelo ~ao~o, Pr~ SUBSCRIBED AND SWORN TO BEFORE ME TI-NS , 29'h DAY OF Augus:,.~ 2000. ....... ~;'~4;,~'-'~'~''~-'''42~t~ ~ . /~ ( 'Extras include bu~ are not ~imited to change orals,s, bo~h oral an~ wri~n, ~g~ ~ie~6~te of li[[noi ~ / / ~ My ~mlnission Expires 3.21-03 TOTRL P. illage of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: PURPOSE: VILLAGE MANAGER MICHAEL JANONIS DIRECTOR OF FINANCE APRIL 17, 2003 2003 BUDGET AMENDMENT NO. 1 To presenta recommendation the annual budget for the fiscal year beginning January 1,2003 and ending December 31, 2003 be amended. BACKGROUND: Ordinance 5299, adopted December 17, 2002, established the annual budget for the year ending December 31, 2003. DISCUSSION: Governments often find themselves in a position of having to amend their current year's budget to reflect material variations in revenues and expenditures. Typically, these variations are the result of timing differences in either the completion of major capital projects or the receipt and disbursement of certain revenues or expenses. A proposed ordinance amending the 2003 Annual Budget is attached for the Board's consideration. This document includes the budget changes you have reviewed and recommended be brought to the Board. In total, we are decreasing our revenue projections by $35,100 and increasing the budget for expenditures by $4,574,865. Most of the recommended amendments represent a carryover of capital projects not completed in 2002. RECOMMENDATION: It is recommended the Village Board adopt the proposed ordinance amending the 2003 Annual Budget. DOUGLAS R. ELLSWORTH, CPA Copy: Finance Commission Department Directors I:\budget\2003~Amendments\Board Memo 4-17-03.doc ORDINANCE NO. AN ORDINANCE MAKING CERTAIN AMENDMENTS TO THE ANNUAL BUDGET ADOPTED FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2003 AND ENDING DECEMBER 31, 2003 WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have passed and approved Ordinance No. 2342 which sets the finances of the Village under the "Budget Officer System"; and WHEREAS, pursuant to the aforesaid Ordinance and the Statutes of the State of Illinois an annual budget for the fiscal year conunencing January I, 2003 and ending December 31, 2003 was adopted through the passage of Ordinance No. 5299 approved by the Corporate Authorities of the Village of Mount Prospect on December 17, 2002; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have further reviewed certain additions and changes to the aforesaid budget for the fiscal year beginning January 1, 2003 and ending December 31, 2003; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect believe the changes, as specified on the attached January 1, 2003 through December 31, 2003 Budget Amendment No. I to be in the best interest of the Village of Mount Prospect; and WHEREAS, the Village has now revised the revenue projections or has reserves in each of the FUnds in which the budget is being increased adequate in amount to cover the budget changes reflected in Budget Amendment No. 1, attached hereto. 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 fiscal year budget for January 1, 2003 through December 31, 2003 for the Village of Mount Prospect is hereby amended, as detailed on Budget Amendment No. 1 attached hereto. SECTION TWO: That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. AYES: NAYES: ABSENT: PASSED and APPROVED this day of ,2003. ATTEST Gerald L. Farley, Village President Velma W. Lowe, Village Clerk VILLAGE OF MOUNT PROSPECT Budget Amendment No. 1 Fiscal Year January 1, 2003 through December 31, 2003 Revenues Item Fund/Program/Classification General Fund Intergovernmental Intergovernmental Charges for Services Charges for Services All other General Fund accounts Total General Fund Account# 0010000-430000 0010000430100 0010000-444103 0010000-444106 Original Amended Revenue Increase Revenue Account Description Eslimate IDecrease) Estimate State Sales Tax 8,540,200 State Income Tax 3,754,226 Cable Prog. Fees- Dist. 26 10,900 Cable Prog. Fees - PHPD 7,000 (350,000) 8,190,200 47,310 3,801,536 (10,900) 0 (7,o00) o 12,312,326 (320,590) 11,991,736 16,909.079 0 16,909,079 29,221;405 (320,590) 28,900,815. Community Development Block Grant Fund Intergovernmental 0700000-433000 All other CDBG Fund accounts Total Community Development Block Grant Fund Comm. Dev. Block Grant 456,151 50,506 506,657 56,800 0 56,800 512,951 50,506 563,457 200,000 (87,600) 112,400 0 154,300 154,300 200,000 66,700 266.700 355,500 0 355,500 Capital Improvements Fund 6 Intergovernmental 5100000-435225 7 Reimbursements 5100000-470900 Ali other Capital Improyements Fund accounts Total Capital Improvements Fund Central Corridor Grant Other Reimbursements 555,500 66,700 622,200 Downtown Redevelopment Fund Reimbursements 5500000-470000 All other CDBG Fund accounts Total Community Development Block Grant Fund Norwood Reimbursement 0 168,284 168.284 259,600 0 259,600 259,600 168,284 427,884 Total Estimated Revenues Funds being changed Alt other Village Budget accounts Total Estimated Revenues After Changes 30,549,456 (35,100) 30,514,356 46,350,156 0 46,350.156 76,899,612 (35,100) 76,864,512 Item VILLAGE OF MOUNT PROSPECT Budget Amendment No. 1 Fiscal Year January 1, 2003 through December 31, 2003 Expenditures Fund/P to,ram/Classification Account # General Fund Village Manager's Office - Public Information 1 Contractual Services 0011105-540210 Community Dev. - Economic Development 2 Contractual Services 0012103.540247 Human Services - Administration 3 Contractual Services O013101-540040 Public Works Forestry Div. 4 Other Equipment 5 Contractual Services 6 Contractual Services 7 Contractual Services Account Description 0015202-670024 0015203-540710 0015203-540720 0015203-540730 Current Amended Budget Increase Budget Amount (Decrease) Amount All other General Fund Accounts Total General Fund Printing Expense 59,000 5,000 64,000 Econ. Develop. Programs 16,500 11,640 28,140 Computer Programming 0 2,000 2,000 Street Furniture 5,770 5,770 11,540 Reforestation 10,000 (10,000) 0 Tree Replac. - Cost Recover. 64,490 (17,000) 47,490 Tree Trimming 110,000 27,000 137,000 265,760 24,410 290,170 29,757,668 0 29,757,668 30,023,428 24,410 30,047,838 Motor Fuel Tax Fund Traffic Control and Street Lighting 8 Contractual Services 0505405-540660 9 Infrastructure 0505405-690058 Street Improvement Projects 10 Infrastructure 0507706-690005 11 Infrastructure 0507706-690099 All other Motor Fuel Tax Fund Accounts Total Motor Fuel Tax Fund Traffic Light Maintenance Traffic Signal Replacement 75,000 79,000 154,000 15,000 125,000 140,000 StreetLightlmprovements 119,303 80,697 200,000 Bridge Rehab 100,000 260,000 360,000 309,303 544,697 854,000 1,576,730 0 1,576,730 1,886,033 544,697 2,430,730 0 26,070 26,070 0 24,436 24,436 12 13 Community Development Block Grant Fund CDBG Accessibility and Neighborhood improve. Infrastructure 0702306-690001 Infrastructure 0702306-690030 Ail other CDBG Accounts Total CDBG Fund Streetlights Judith Ann Water Main 0 50,506 50,506 512,951 0 512,951 512,951 50,506 563,457 Capital Improvement Fund Village Improvements 14 Building Improvements 5107701-640001 15 Building Improvements 510770%640003 16 Office Equipment 5107701-650016 Community Improvements 17 Land Improvements 5107702-620008 18 Infrastructure 5107702-690005 Street Improvement Projects 19 Infrastructure 5107706-690104 All other Capital Improve. Fd. Accounts Total Capital improvement Fund Other Public Buildings Station 12 Improvements Copy Machine - Police Corridor Improvements ResidentiaI Street Lights Wolf Road Engineering 40,000 40,004 80,004 254,766 22,435 277,201 10,000 5,000 15,000 0 428,734 428,734 142,786 52,014 194,800 0 68,000 68,000 447,552 616,187 1,063,739 267,353 0 267,353 714,905 616,187 1,331,092 VILLAGE OF MOUNT PROSPECT Budget Amendment Nm 1 Fiscal Year January 1, 2003 through December 31, 2003 Expenditures Item No. 2O Fund/Program/Classification Account # Downtown Redevelopment Construction Fund Downtown Redevelopment Costs Infrastructure 5507703-690059 All other Downtown Redevelopment Constr. Fd. Accounts Total Downtown Redevelopment Constr. Fund Account Description DtT Streetscape Current Amended Budget Increase Budget Amount (Decrease) Amount 250,000 416,211 666,211 512007 0 512,007 762,007 416,211 1,178,218 21 Street Improvement Fund Street Improvement Projects Infrastructure 5607706-690084 All other Street improvement Fund accounts Total Street Improvement Fund Street Resurfacing 1,931,000 1,140,422 3,071,422 1,176,677 0 1,176677 3,107,677 1,t40,422 4,248,099 Flood Control Constr. Fd Flood Control Projects 22 Infrastructure 5907704-690079 23 Infrastructure 5907704-690102 24 Infrastructure 5907704-690110 All other Flood Control Constr. Fd accounts Total Flood Control Constr. Fund Creek Tree Trimming WeHer Creek Improvements Melas Crumley Improve. 50,000 7,040 57,040 0 200,737 200,737 0 45,250 45,250 50,000 253,027 303,027 215,000 0 215,000 265,000 253,027 518,027 Water and Sewer Fund Water Distribution M & R 25 Other Equipment 6105505-670038 Water & Sewer System Improvements 26 Contractual Services 6105510-540777 27 Distribution Systems 6105510-680003 28 Distribution Systems 6105510-680010 All other Water and Sewer Fd accounts Total Water and Sewer Fund Parking Revenue Fund ViIlage Improvements & Equipment 29 Infrastructure 6305111-690103 30 Buitding Improvements 6307701-640014 All other Parking Revenue Fund accounts Total Parking Revenue Fund Booster Pump/Panel Repl. 250,000 Sewer RepaidReplacement 250,000 Water Main Replacement 300,000 Combined Sewer Improve. 750,000 Parking Lot Improvements Train Station Improvements 268,622 518,622 100,000 350,000 263,200 563,200 248,500 998,500 1,550,000 880,322 2,430,322 7,173,797 0 7,173,797 8,723,797 880,322 9,604,119. 50,000 1 5,000 65,000 0 130,000 130,000 50,000 ' 145,000 195,000 192,472 0 192,472 242,472 145,000 387,472 0 49,100 49,100 1,144,297 0 1,144,297 1,144,297 49,100 1,193,397 31 Vehicle Maintenance Fund *' Vehicle Maintenance Other Equipment 6605702-670151 All other Vehicle Maintenance Fund accounts Total Vehicle Maintenance Fund Other Equipment VILLAGE OF MOUNT PROSPECT Budget Amendment No. 1 Fiscal Year January 1, 2003 through December 31, 2003 Expenditures Item 32 __ ,Fund/Pro~]ramlClassification Account # Vehicle Replacement Fund Motor Equipment Replacement · Mobile Equipment 6707709-660115 All other VehicIe Replacement Fund accounts Total Vehicle Replacement Fund Account Description Public Works Vehicles Current Amended Budget Increase Budget Amount (Decrease) Amount 530,771 414,983 945,754 933,800 0 933,800 1,464,571 414,983 1,879,554 33 Risk Management Fund Casualty and Property Insurance insurance 6905801-560102 All other Risk Management Fund accounts Total Risk Management Fund Liability Insurance 142,320 40,000 182,320 4,500,776 0 4,500,776 4,643,096 40,000 4,683,096 53,490,234 4,574,865 58,065,099 28,778,794 0 28,778,794 82,269,028 4,574,865 86,843,893 Total Village Budget Funds being changed All other Village Budget accounts Total Village Budget after Changes illage of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: VILLAGE MANAGER DEPUTY FINANCE DIRECTOR APRIL 30, 2003 INTEREST ON OVERDUE VILLAGE OBLIGATIONS PURPOSE: To recommend the adoption of an ordinance that would impose interest on past due amounts owed to the Village. BACKGROUND: The Village generates approximately 60 miscellaneous invoices per month for various reasons such as damage to Village property, false alarms, and compliance fees. DISCUSSION: Each month approximately 10-15% of individuals and businesses do not pay their invoices on time even though we allow a full 30 days in which to make the payment. Currently there is no additional charge for those late payments. The Village already has a provision for late fees for delinquent water and refuse charges and the attached ordinance would allow us to accrue interest on other types of past due amounts. RECOMMENDATION: It is recommended the draft ordinance be adopted as presented. Carol L. Widmer clw ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Chapter 8 of the Mount Prospect Village Code shall be amended by adding a new Section 8.517 entitled "Interest on Overdue Village Obligations" to Article V "Other Regulations" of Chapter 8 entitled "Village Government Miscellaneous Provisions" to be and read as follows: Sec. 8.517: INTEREST ON OVERDUE VILLAGE OBLIGATIONS. Subject to Article XX of this Chapter 8 and unless stated otherwise in this Code, any financial obligation, of any kind or nature which is owed to the Village, shall bear interest at a rate set forth in Appendix A, Division II. SECTION 2: Division II of Appendix A of the Mount Prospect Village Code shall be amended by inserting the following under Chapter 8 in numerical order: Section 8.517; Interest on Overdue Villa.qe Obli.qations Rate: 7% per annum commencing on the date that the bill is deemed overdue pursuant to Village regulations. SECTION 3 That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this __ day of ,2003. ATTEST: Gerald L. Farley, Village President Velma W. Lowe, Village Clerk C:~IyFi]¢$\ Mp\ORDS\Sec~ - 51 ?Seven?ercentlntcrestOrd wp~ illage of Mount Prospect Community Development Department MEMORANDUM TO: FROM: DATE: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT APRIL 29, 2003 SUBJECT: PLAT OF ROADWAY DEDICATION AND PUBLIC UTILITY EASEMENT 1800 WEST CENTRAL ROAD Attached to this memorandum is a copy of a Plat of Dedication and Easement that provides road right-of-way and utility easements for the former 3Com property at 1800 W. Central Rd. This plat provides the Village with right- of-way along Arthur Road and the necessary easements for public utilities along Arthur and Central Roads. The proposed right-of-way dedication and easements are a result of discussions dating back to 1995 when U.S. Robotics purchased the subject property. Many of the public improvements have been installed and the plat is necessary to provide the Village with the legal rights to maintain these improvements. Staff has been working with representatives of U.S. Robotics, 3Com and Franklin Partners (current owner of the property) for many years to accomplish this plat. Staff requests that Village Board approve the plat and authorize the recording of the necessary documents to accomplish the dedication of the right-of-way and easement. Please forward this memorandum and attached copies of the plat to the Village Board for their review and consideration at their May 6th meeting. Staff will be present at that meeting to answer any questions related to this matter. H :La2D IvlN~B ILL2vlEMO $~vlTE J~2003XPlat of Dedication- 1800 W Central Rd.doc kad 04/:30/03 RESOLUTION NO. A RESOLUTION APPROVING A PLAT OF DEDICATION AND PUBLIC UTILITY EASEMENT FOR PROPERTY LOCATED AT 1800 WEST CENTRAL ROAD WHEREAS, the Petitioner, the Village of Mount Prospect, has, has requested approval of a Plat of Dedication for property located at 1800 West Central Road; and WHEREAS, the Plat of Dedication provides a right-of-way along Arthur Road and the necessary easements for public utilities; and NOW, THEREFORE, BE IT RESOLVED BYTHE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the dedication for the right-of-way of property is hereby granted for the property at 1800 West Central Road, and the Plat of Dedication attached to this Resolution as Exhibit "A" is hereby approved for appropriate execution and recording. Such Plat and its legal description, attached to this Resolution as Exhibit "B," are incorporated into and made a part of this Resolution. SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this dayof , 2003. ATTEST: Gerald L. Farley Mayor Velma W. Lowe Village Clerk H:\GEN\files\WlN\RES\PlatofDedication, 1800 west central road.doc PART OF LOT i IN AM CENTRAL ROAD-MULTIGRAPHICS RESUBDIVISION, BEING A RESUBDIVtSION OF PART OF LOT "A" AND PART OF LOT "D" iN KIRCHOFF'S SUBDIVISION IN THE WEST ~ OF TH SOUTHWEST 1,4 OF SECTION 33, TOWNSHIP 4.2 NORTH, RANGE 11 EAST OF THE THIRD PRINC:PAL MERI0!AN, ACCORO1NG TO THE PLAT OF SAID RESUBOfV[SION RECORDED NOVEMBER 7, 1984- AS DOCUMENT 27327775, IN COOK COUNTY, ILLINOIS. LEGAL DESCRIPTION OF LAND HEREBY DEDICATED FOR PUBLIC RIGHT-OF-WAY THAT PART OF LOT 1 IN AM CENTRAL ROAD-MULTtGRAPHICS RESuBDIvISION, BEING A RESUBDIVtSION OF PART OF LOT "A" AND PART OF t~OT "D" IN KIRCHOFF'S SUBDWtSION IN THE WEST ~ OF THE SOUTHWEST ~ OF SECTION 33, TOWNSHIP 4-2 NORTH, ~ANOE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED NOVEMBER 7, 1984- AS DOCUMENT 27327775 DESCRIBEB AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1', THENCE NORTH 00 DEGREES O0 MINUTES OD SECONDS EAST ALONG 'f~E WESTERLY LINE OF SAID LOT 1 A DISTANCE OF 96,99 FEET FOR A PLACE OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES OD MINUTES O0 SECONDS EAST ALONG THE WEST LINE OF SAID LOT 1 A DISTANCE OF 1262.81 FEET; THENCE SOUTH 89 DEOREES 52 MINUTES 30 SECONDS EAST ALONO A NORTHERLY LINE OF :;AID LOT I A DISTANCE OF t2.O0 FEET; THENCE SOUTH 00 DEGREES O0 MINUTES 00 SECONDS WEST 1262.78 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES O0 SECONDS WEST 12.00 FEET TO THE PLACE OF BEGINNING; tN COOK COUNTY, ILLINOIS. AREA =, 15.151 SQUARE F'Ek"'T = 0.,,,%¢8 ACRES LEGAL DESCRIPTION OF NON-EXcLUSIVE PUBUC UTILITY AND DRNNAGE EASEMENT HEREBY ~R.~'frEo (ARTHUR ROAD PARC~) THE FAST 10,O0 FEET OF THE WEST 22.00 FEET OF THAT PART Of LOT 1 IN AM CENTRAL ROAO-MULTIGRAPHICS RESUBDtVISION, BEING A RESUBDiVISION OF PART OF LOT "A" AND PART OF LOT "D" iN KIRCHOFF'S SUBDIVISION IN THE WEST ~ OF THE SOUTHWEST ;/4 OF' SECTION 53: TOWNSHIP 4-2 NORTH, RANOE 11 FAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PL~T OF SAID RESUBOIVlSION RECORDED NOVEMBER 7, 1984- AS DOCUMENT 27327775 LYING ADJACENT TO ARTHUR ROAD AS HERETOFORE DEDICATED PER DOCUMENT 925773,5 EXCEPTING THEREFROM ANY PART THEREOF DEDICATED FOR PUBLIC RIGHT-OF-WP.,' ii4 COOK COUNTY. [LLh'qOIS. LEGAL DESCRIPTION OF NON EXCLUSNE PUBLIC UTILITY AND DRAINAGE EASEMENT HEREBY CRANtED (CENTI~L ROAD PARCEL) THE NORTH 10,00 FEET CF' THE SOUTH 2.O.O0 FEET OF' LOT 1 IN AM CENTRAL RCAD-MULTIGRAPH!CS REBUBDWISION, BEING A RESUBDWISiON OF PART OF LOT ANO PART OF LOT "D" IN KIRCHOFF'S SUBDIVISION IN THE WEST ~ Of THE SOUTHWEST ?4 OF SECTION 35, TOWNSHIP 4-2 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED NOVEMBER 7, 1984- AS DOCUMENT 27,,327775 EXCEPTING THEREFROM ANY PART THEREOF DEDICATED FOR PUBLIC RIGHT-OF-WAY IN COOK COUNTY, ILLINOIS, AREA = 7,071 SQUARE ~ ~ ~I = 0.162 AC:RES