HomeMy WebLinkAboutOrd 2951 10/06/1979
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ORDINANCE NO.
2951
AN ORDINANCE GRANTING SPECIFIED VARIATIONS FOR
PROPERTY AT 1421 WIGWAM TRAIL
¡ WHEREAS, Bank and Trust Company of Arlington Heights as Trustee under
I Trust Number 185, dated June 16, 1970, and the beneficiary thereof, Julia'-- Hussma ,
(the Trllstee and the beneficiaries thereof shall be referred to collectively as
"Petitioner") are the owners of a parcel of property located 1421 Wigwam Trail
in the Village of Mount Prospect, Cook County, State of Illinois (hereinafter referre
I to as the "Subject Property"); and
WHEREAS, the Subject Property is legally described as follows:
The West 125' of the East 358' of the South 253' of the
North west 1/4 of the North West 1/4 of the South West 1/4
of Section 11, Township 41 North, Range 11, East of the
Third Principal Meridian, in Cook County, Illinois.
and
WHEREAS, the Subject Property is located in the R-X SIngle Family Residence
District under the provisions of the Zoning Ordinance of the Village of
Mount Prospect (hereinafter referred to as the "Zoning .Qrdinance"); and
WHEREAS, Petitioner has heretofore filed an application seeking a variation from
the provisions of Section 14 .107A4 of the Zoning Ordinance which prohibits a
non-conforming structure from being continued if such a structure is destroyed
or damaged by 50% or more of its value to allow a non-conforming garage located
on the Subj ect Property to be reconstructed; and
WHEREAS, a public hearing was held on the Petitioners' request for the'
aforesaid variations, which request is known as ZBA 40-V-79, before the
Zoning Board of Appeals of the Village of Mount Prospect on August 23, 1979,
pursuant to proper public notice published in the Mount Prospect Herald on
August 7, 1979; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect
have determined that with respect to the Petitioners' requested variation from
, the provisions of Section 14.1074A of the Zoning Ordinance that Petitioner has
! satisfied the standards for the grant of a variation set forth in Section 14.605
of Article VI of the Zoning Ordinance and find that it would be in the .best interest
I of the Village of Mount Prospect to grant Petitioner the requested variation subject
I to Petitioner's compliance with the conditions set forth hereinafter. .
I NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEE
OF THE VILLAGE OFIVIOUNT PROSPECT, COOK COUNTY, ILLINmS:
I SECTION ONE: The recitals set forth hereinabove are incorporated herein as
findings by the President and Bodrd of Trustees of the Village of Mount Prospect.
SECTION TWO: Subject to the Petitioner's compliance with the conditions set
. forth hereinafter in SECTION THREE ,the President and Board of Trustees of the
¡ Village of Mount Prospect hereby grant Petitioner a variation from the provisions
of Section 14.1074A of the Zoning Ordinance which prohibits a non-conforming
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"structure fr,om being continued if such a structure is destroyed or damaged by 50%
,or more of its value to aIlow a non-conforming garage to be reconstructed on the
!Subject Property in the location shown on the Site Plan for the Subject Property
¡WhiCh is attached hereto as Exhibit A and incorporated herein by this reference.
¡SECTION THREE: The variation granted to Petitioner is granted subject to the
Petitioner's compliance with the following conditions:
I 1. Petitioner shall within lð'O days of the date of this
Ordinance complete the construction of a sanitary sewer
line on the Subject Property and connect such sanitary
sewer line to the sanitary sewer system of the Village of
Mount Prospect in order to serve the Subject Property.
Petitioner shall within / t.f days hereof execute an
Easement Agreement in substantially the same form as
Exhibit B hereto in order to dedicate an easement to the
Village of Mount Prospect in and along the Subject'
Property to be used for utility purposes.
2.
SECTION FOUR: Except for the variations granted herein, all other
applicable Village of Mount Prospect ordinances shall remain in full force
and effect as to the Subj ect Property.
SECTION FIVE: The variation granted herein shall be subject to revocation
if Petitioner fails to comply with the condition on its grant set forth in
SECTION THREE herein.
SECTION SIX: This Ordinance shall be in full force and effect from and after
I its passage, approval and publication in the manner provided by law.
PASSED this 16th day of Oc ober , 1979.
AYES: 6
NAYS: a
ABSENT: a
,APPROVED this
16th
day of
October
, 1979.
ê ¿ II )!~~
VilJ:'rhidenT
TTEST:
I~»: ~)
~illage Clerk
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Easement Agreement
This Easement Agreement is made this 18th day of October, 1979, by
and between the Village of Mount Prospect, an Illinois municipal
corporation, hereinafter referred to as the Village, and the Bank
and Trust Company of Arlington Heights, not personally but solely
as Trustee pursuant to the terms of that certain Trust Agreement
No. 185, dated June 16, 1970, hereinafter referred to as the
Grantor.
Whereas, the Grantor is the record owner of that certain parcel of
land commonly known as 1421 Wigwam Trail, Mount Prospect, Illinois,
and the legal description of said parcel is the West 125 feet of
the East 358 feet of the South 253 feet of the North West 1/4 of
the North West 1/4 of the South West 1/4 of Section 11, Township 41
North, Range 11, East of the Third Principal Meridian, in Cook
County, Illinois, hereinafter referred to as the Subject Property.
Whereas, the Grantor has requested a zoning variation for the
Subject Property, and the Village has granted said variation
pursuan t to Ordinance No. ;¿ 95'1
Whereas, the Village requested the Grantor to grant a certain
easement.
Whereas, the Grantor has agreed to grant the Village said easement.
Therefore, in consideration of the foregoing, the parties agree as
follows:
1. The Grantor hereby grants, conveys and dedicates to the
Village, or any authorized agent of the Village, a perpetual
utility easement. Said easement shall be for the purpose of
constructing, reconstructing, using, operating, maintaining,
repairing and controlling water, storm sewer and sanitary sewer
facilities. Said easement shall be subject to the terms and
conditions set forth herein.
2. Said easement shall be in, along and upon the following
described portion of the Subject Property, to wit: The North 20
feet as measured at right angles to the North line thereof, of the
following described parcel of property: The West 125 feet of the
East 358 feet of th e South 253 feet of the North West 1/4 of the
North West 1/4 of the South West 1/4 of Section 11, Township 41
North, Range 11, East of the Third Principal Meridian, in Cook
County, Illinois.
3. The Village agrees that it will indemnify and save and hold the
Grantor harmless from any and all claims, causes of action, suits,
damages or demands whatsoever in law and in equity which may arise
out of, or as a consequence of the negligence of the Village, or
its authorized agents, servants or employees, in constructing,
reconstructing, maintaining, repairing, and utilizing the Easement
Premises for utility purposes.
4. All rights, title and privileges herein granted, including all
benefits and burdens, shall run with the land and shall be binding
upon and inure to the benefit of the parties hereto, their
respective heirs, executors, administrators, successors, assigns,
and legal representatives.
5.
The Village agrees that the easement granted shall be limited
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exclusively to use for the utility purposes and appurtenan~§
thereto set forth above.
Bank and Trust Company of
Arlington Heights, not personally
but solely as Trustee pursuant to
the terms of Tru o. 5, dated
June 16, 1970.
By:
T~;" Instrument Is eXoeuted by THE BANK & TRUST COMPANY
OF ARLINGTON HEIGHTS, not Individually but soleiy es
as afo,"said, All the covenants and eo,ditinns to be
her.under by THE BANK & TRUST CO,"P,^NY of
HEIGHTS are undertaken by It solely es Tru"ee, e' ,toe'""'d ec,d
not Individually, and n~ pe"onal. or individual liability ,hall be
a"erted or enforceable against THE BANK & TRUST COMPANY OF
ARLINGTON HEIGHTS' by reason of any of the covenant>, State-
ments. representations, Indemnifications or warranties express or
Implied lIar"'n contained In this inStrument.
Attest:
)
)
)
SS.
State of Illinois
County of
Cook
I, Elaine Reinberger a Notary Public in and for the
County and State aforesaid, do hereby certify that
S. A. Perry and Anita D. Kraus respectively,
the Senior Vice President and Assistant Trust Officer
of Bank and Trust Company of Arlington Heights, an Illinois
corporation, as Trustee under Trust No. 185 dated June 16, 1970,
who are personally known to me to be the same persons whose names
are subscribed to the foreoing instrument as such officers of said
corporation, respectively, appeared before me this day in person
and acknowledged that they signed and delivered the said instrument
as their own free and voluntary act and as the free and voluntary
act of said corporation for the uses and purposes therein set
forth, and the said Anita D. Krausr Assistant Trust Officer of said
corporation then and there acknowledged that ~e, as custodian of
the corporate seal of said corporation, did affix such corporate
seal to said instrument as h~f own free and voluntary act and as
the free and ,voluntary act of said corporation for the uses and
purposes therein set forth.
26th
day of
October
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- .c""Not:ài}TPtibl:CC'
Village of Mount Prospect
By:
¿/U¿L II- 2!~
Vill~ge Pre~ident
Attest:
j(¡;~U ¿J ~
Village Clerk
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