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Home My WebLink AboutOrd 6097 11/05/2013 Amending the Official Zoning Map - 211 East Rand RoadORDINANCE NO. 6097 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE VILLAGE OF MOUNT PROSPECT FOR PROPERTY LOCATED AT 211 EAST RAND ROAD Passed and approved by the President and Board of Trustees the 5 th day of November, 2013 ORDINANCE NO. 6097 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE VILLAGE OF MOUNT PROSPECT FOR PROPERTY LOCATED AT 211 EAST RAND ROAD WHEREAS, CFA, Inc. ( "Petitioner), has filed an application to rezone certain property located at 211 East Rand Road ( "Property'), and legally described as follows and attached as Exhibit A. Lot 1 in Mack Cadillac's Subdivision in Mount Prospect, a Subdivision of Part of the Northwest Quarter of the Northwest Quarter of Section 34, Township 42 North, Range 11 East of the Third Principal Meridian, According to the Plat Thereof Recorded September 7, 1979 as Document 25135671, in Cook County, Illinois Property Index Number: 03 -34- 200 - 183 -0000; and WHEREAS, the "Petitioner" has requested the "Property" be rezoned from B1 (Business Office District) to B3 (Community Shopping District); and WHEREAS, a Public Hearing was held on the request for rezoning being the subject of PZ- 14 -13, before the Planning and Zoning Commission of the Village of Mount Prospect on the 22 day of August 2013, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 7th day of August, 2013; and WHEREAS, the Planning and Zoning Commission has, submitted its findings and negative recommendation to the President and Board of Trustees for denial of the request being the subject of PZ- 14 -13; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have considered the request being the subject of PZ -14 -13 and have determined that the best interests of the Village of Mount Prospect would be served by granting said request. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The Official Zoning Map of the Village of Mount Prospect, Illinois, as amended, is hereby further amended by reclassifying the property being the subject of this Ordinance from B1 (Business Office District) to B3 (Community Shopping District). SECTION THREE The Covenant Running with the Land for the property located at 211 West Rand Road must be recorded with the Cook County Recorder of Deeds. 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: Korn, Matuszak, Polit, Rogers, Zadel NAYS: Hoefert ABSENT: None PASSED and APPROVED this 5th day of November, 2013. .Z y Arlene A. Juracek Mayor ATTEST: M. Lisa Angell Village Clerk EXHIBIT A LEGAL DESCRIPTION FOR RESTRICTED PROPERTY LOT 1 IN MACK CADILLAC'S SUBDIVISION IN MOUNT PROSPECT, A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 7, 1979, IN COOK COUNTY, ILLINOIS PIN: 03 -34 -200 -183 -0000 COMMON ADDRESS: 211 East. Rand Road, 9200, Mount Prospect, Illinois 60056 THIS DOCUMENT PREPARED BY AND AFTER RECORDING RETURN TO: Michael A. Alesia, Esq. Micliael A. Alesia & Associates 1000 Plaza Drive, Suite 680 Schaumburg, Illinois 60173 RESTRIC'T'IVE COVENANT Doc #: 1400949007 Fee: $46.00 RHSP Fee:$9.00 RPRF Fee: $1.00 Karen A.Yarbrough Gook County Reoorder of Deeds Date: 01/09/2014 09:61 AM Pg: 1 of 6 THIS RESTRICTIVE COVENANT is made and entered into as of this '' day of November, 2013, by ALNSS, LLC, an Illinois limited liability company ( "Grantor ") and Maple Crest Homeowners Association, a, Illinois not- for - profit corporation ( "Maple Crest"), WITNESSETH: A. Grantor is the owner in fee simple of the real property commonly known as 211 East Rand Road, in the Village of Mount Prospect, County of Cook, State of Illinois, which real property is legally described in Exhibit A attached hereto and by this reference made a part hereof ( "Restricted Property "). B. Maple Crest is the homeowners' association of the Maple Crest townhomes located adjacent to the Restricted Property, C. As part of Grantor's petition to re -zone tine Restricted Property to B -3, Grantor and Maple Crest have agreed to implement this Restrictive Covenant relating to certain land use matters regarding the Restricted Property. NOW, THEREFORE, Grantor hereby declares that the Restricted Property is and shall be held, transferred, sold, conveyed, leased and otherwise used subject to this Restrictive Covenant and that this Restrictive Covenant be binding upon the owners, tenants and other occupants of (lie Restricted Property. Property Restrictions. 'file following uses are prohibited at the Restricted Property. A. The Restricted Property shall not be used as a liquor store for the retail sale of pre- packaged liquor, wine, beer or other alcoholic beverages. B. The Restricted Property shall not be used for the sale of firearms or vise as a gun range. C. The Restricted Property shall not be used as a Hookah lounge also known as shislia bar or lounge. 2. Covenants Running with the Land. The Property Restrictions contained herein shall be restrictions running with land and shall be binding upon the Grantor and its successors, assigns and tenants. 3. Reservation of Rights. Except as expressly limited herein, Grantor reserves for itself and its successors, assigns and tenants, all rights to use the Restricted Property for all purposes not inconsistent with this Restrictive Covenant. 4, Tennination_ This Restrictive Covenant shall remain in full force and effect until and unless it shall be terminated by (a) mutual agreement of the Grantor or its successors or assigns and Maple Crest or its successors or assigns or (b) following dissolution of Maple Crest provided that there is no new, replacement or successor homeowners' association within thirty (30) days of such dissolution.. IN WITNESS WHEREOF, said Grantor has caused this Restrictive Covenant to be executed as of the date first written above. ALNSS, L4C >3y: I V, ._ 14: f -l- Its: �V\ - — t,t_�- MAPLE CREST HOMEOWNERS ASSOCIATION Its: 7? W ;- i oa/ STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) a Notary Public in and for said county, in the state aforesaid, DO HEREBY CERTIFY THAT /V 1-71 . j" ( � e " , 4" , of ALNSS, LLC, an Illinois limited liability company, personally known to me to be the same person whose name is subscribed to the foregoing instrument as such person appeared before me this day in person and acluiowledged the lie signed and delivered the said instrument as his own free and voluntary act, and as the free and voluntary act of said limited liability company in his capacity as the �'— «.I, — of ALNSS, LLC, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this My Commission Expires: I I I ? ' / Itr (y HCIAL SEAL STATE OF ILLINOIS ) NICH01 ROBERT RECCHIA ) SS NOTAR` 'LIC • STATE OF ILLINOIS COUNTY OF COOK ) MY CC . - :ISSION EXPIRES 11128116 a Notary Public in and for said county, irr�e state aforesaid, DO HEREBY CERTIFY THAT �l r '�i> -rr ; the 1 ✓2s -6;bfw of Maple Crest Homeowners Association, all Illinois not- for - profit corporation, personally known to me to be the same person whose name is subscribed to the foregoing instrument as such person appeared before me this day in person and acknowledged the he /she signed and delivered the said instrument as his/her own free and voluntary act, and as the flee and voluntary act of said corporation in his /her capacity as the of ALNSS, LLC, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal day of Poyr ,A.6 , 2013 L UEYJRMEKMN '�g Notary Public ' - P PUMA OFFIML W MMMIS M Eff W W SEAL, H !� 7 J�!•... ?� JUNE 20, 2015 OF i '1 1r, - day of IV � `� � , 2013 Notary Public� My Commission Expires; ,Ju,)C & •, v /S"