HomeMy WebLinkAboutRes 08-84 03/20/1984
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RESOLUTION NO.8-84
A RESOLUTION TO APPROVE AND AUTHORIZE THE
EXECUTION OF A CERTAIN CONSENT DECREE, PLAT
OF SUBDIVISION AND VARIATION ORDINANCE IN
SETTLEMENT AND DISPOSITION. OF LITIGATION WITH
RAYMOND AND FLORENCE HUNTZICKER. .
WHEREAS, in 1980, Raymond H. Huntzicker and Florence J.
Huntzicker, his wife, filed suit against the Village of Mount
Prospect seeking to zone one of two adjoining lots owned by
Huntzickers and located on the Southeast corner of Kensington
Road and Wille Street in the Village of Mount Prospect,
Illinois; and
WHEREAS, said litigation sought a commercial zoning for
the property in question; which property is zoned and classified
by the Village for R-1 Single Family Residence purposes, in
accordance with the Comprehensive Plan of the Village; and
WHEREAS, the Huntzickers have agreed to dismiss their law-
suit pursuant to a Consent Decree (a copy of which is attached
hereto and made a part of this Resolution by reference) to be
entered into with the Village, followed by Village action to
approve and execute a Plat of Subdivision of the Subject
Property and to adopt an ordinance varying the front yard require-
ments regarding said property, as zoned and classified in the
R-1 Single Family Residence District (copies of which Subdivision
Plat and Variation Ordinance are attached hereto and made a part
of this Resolution by reference); and
WHEREAS, it is deemed to be in the best interests of this
Village to settle and dispose of such litigation pursuant to the
Consent Decree and to execute the Plat of Subdivision and adopt
the Variation Ordinance referred to in said Decree.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:.
SECTION ONE: The subject Consent Decree is hereby approved
and the Village Attorney is authorized to execute the same on
behalf of this Village and.to take all further steps necessary to
see that the subject litigation entitled "Raymond H. Huntzicker
and Florence J. Huntzicker, Plaintiffs v. Village of Mount Prospect,
Defendant" (80L26623) is dismis~ed.
SECTION TWO: The Subdivision Plat entitled "Huntzicker's
2nd Subdivision" is hereby approved and the Village President and
the Village Clerk are authorized and directed to execute the
same on behalf of this Village, and the Clerk is further authorized
to affix the Corporate Seal thereto and to take all steps necessary
to record said Plat when advised that the subject lawsuit has, in
fact, been dismissèd.
SECTION THREE: The Ordinance granting variations from the
minimum front width requirements of the Zoning Ordinance is hereby
approved and the Village President and Village Clerk are hereby
authorized and directed to execute the same on behalf of this
Village as soon as this Ordinance has been formally adopted by
affirmative action of the Board of Trustees, following notification
that the subject lawsuit has been dismissed.
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SECTION FOUR: This Resolution shall be in full force and
effect upon its passage and approval in accordance with law.
PASSED AND APPROVED this 20
day of
March
,1984.
AYES:
Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg
NAYS:
None
ABSENT: None
C~-><-!l~
/ MAYOR
ATTEST:
1~ ~;I ~
VILLAGE CLERK
-2-
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LAW OF"FICES
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HOU PT
PEDERSEN
a
PEER PEOERSEN
RICHARD V. HOUPT
GEORGE L P~UMB
~AMES K. STUCKO
PETE" O'CONNE~~ KE~~Y
THOMAS~. KE~~Y
SHE~OON OAVIOSON
G"EGO""..J. PER""
OAVID C. NEWMAN
HE"BE<>T..J LINN
PAU~ 50 A~TMAN
..J. OAVIO SANNE"
THEOOORE E. CO"NE~~ "1
..JONATHAN B. G'~BERT .
A PROF"ESSIONA'L CORPORATION
180 NORTH LA SALLE STREET
SUITE 3400
CHICAGO. ILLINOIS 60601
(312) 641-6866
..JAMES ..J C~RKO:"
MARI~CE RO"CRG
MARC O. ..JANSER
THOMAS F". "RETT II
AL~N I NATHA"
A<>THU" 0. HO~nMA"
OONA~D ..J. MO""N
..JOHN P. "URKE
..JOHN H MUEH~STEIN
A<>THUR B STERNBERG
STEVEN M. STONE
PATRICIA ..J COONS
..JAMES K HENEGAN
..JEF"F"REY H. F"RANK
~INOA " MOn
RICHARO OEMAREST YANT
WRITER.S DIRECT DIAL NO. 781-
r-'~ch 22, 1984
Mr. John C. Broihier
One Continental TcMers
1701 Golf Road, SUite 805
Rolling Meadows, IL 60008
Re:
Huntzicker vs. fuunt Prospect
Case Nurrber 80 L 26623 f .
Dear Mr. Broihier:
~ enclose herein a copy of the Consent Decree which was entered by Judge
Arthur L. Dunne on March 21, 1984.
Please be further advised that on March 20, 1984 the President and Board of
Trustees of the Village of Mount Prospect adopted Resolution No. 8-84 (a
copy of which is enclosed herein) authorizing the execution of the Q>nsent
Decree, and in addition, upon a waiver of the rules, they did adopt ordinance
No. 3410 granting the subject variations and did further authorize the
approval and execution of the pertinent plat of re-subdivision.
lccordingly, it would appear that the settlerænt of this matter has been
concluded, and the subject two lots belonging to your clients are now avail-
able for single family residence irrproveme.nt without further zoning action.
\^€ feel that this settlement is a good one both for the Village of fuunt
Prospect and for your clients, and we appreciate your cooperation in this
Iffitter.
Very truly yours,
~c~~
David C. Newman
JX:N : ws
cc:
Mr. Terrance
L- Burghard~)
enclosures
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118SR
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
)
)
)
Plaintiffs, )
)
)
)
VILLAGE OF MOUNT PROSPECT, an )
Illinois Municipal Corporation, )
)
)
RAYMOND H. HUNTZICKER and
FLORENCE J. HUNTZICKER,
v.
No. 80 L 26623.
Defendant.
CONSENT DECREE
NOW COME the Plaintiffs, RAYMOND H. HUNTZICKER and FLORENCE
J. HUNTZICKER, hi~ wife, by their attorneys, DiLeonardi &
Assqciates, Ltd., and the Defendant, VILLAGE OF MOUNT PROSPECT, by
its attorneys, Pedersen & Houpt, and state herein to this Court that
this matter involves a Declaratory Judgment action commenced by
Plaintiffs in December of 1980 seeking to~ezone of a portion of
Plaintiffs' property, described therein .as Lot 2 in Huntzicker
Subdivision from R-l Single Family Residence classification to B-3
Commercial Business District classification under Defendant's Zoning
Ordinance in order to render Plaintiffs' Lot 2 to be similar in
zoning classification to the B-3 Commercial Business District
classification of Plaintiffs' adjoining Lot 1 in said Subdivision¡
that .following the commencement of this action the Corporate
Authorities of Defendant Village have, from time to time, taken
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certain actions with respect to Plaintiffs' property, including the
rezoning of Plaintiffs' adjacent Lot 1 to R-I Single Family
Residence classification and the vacation of certain public alleys
adjoining Plaintiffs' Lot 1 and Lot 2; that the parties have
completed discovery regarding the subject action and have agreed to
settle and dispose of this action pursuant to a Consent Decree
whereby Plaintiffs will èismiss their action with prejudice in
consideration for the approval and adoption by Defendant Village of
a resubdivision of Plaintiffs' property to include therein the
vacated alley areas and to be known as Huntzicker's 2nd Subdivision,
a Subdivision of part of the Northeast 1/4 of the Northwest 1/4 of
Section 34, Township 42 North, Range II East of the Third Principal
Meridian in Cook C9unty, Illinois (a copy of which is attached
hereto) and an Ordinance granting variations from the frontage
requirements of Defendant's zoning ordinance (a copy of which is
attached hereto) so as to render Plaintiffs' Lots 1 and 2, now
redesignated as Lots A and B, respectively, eligible for improvemènt
for single family residence purposes without the necessity of
further zoning action; and this Court is otherwise fully apprised in
the premises.
NOW IT IS HEREBY ORDERED AND DECREED AS FOLLOWS:
1.
The recitals set forth above are herein incorporated
as part of the Order of this Court.
2.
The Corporate Authorities of Defendant Village shall,
within thirty days of this Order, take the appropriate action to
approve and execute the Subdivision plat designated as "Huntzicker's
2nd Subdivision", a copy of which is attached to this Order, and
- 2 -
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shall further adopt an Ordinance granting variations from the
minimum front width requirements of Defendant's Zoning Ordinance (a
copy of which Ordinance is attached to this Order).
3.
The aforesaid action by the Corporate Authorities of
the Defendant Village shall render Plaintiffs' Lots A and B
immediately available for development for uses permitted in the R-l
Single Family Residence District of Defendant's Zoning Ordinance,
f' -
without a requirement of further zoning action.
4.
Plaintiffs' Complaint for Declaratory Judgment is
hereby dismissed with prejudice.
March ~ , 1984
,
APPROVED:
?i
RAYMOND H. HUNTZICKER and
FLORENCE J. HUNTZICKER
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MAR í', 1 'y¡tP
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f"'." 1
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APPROVED:
VILLAGE OF MOUNT PROSPECT
ByJd': ~!-~
It tt:orneys
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STATE OF ILLINOIS)
COUNTY OF COOk) SS
HUNTZICKER's 2ND SUBDIVISION
A SUBDIVISION OF PART OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4
OF SECTION 34, T42 N, RilE, ~"/) PM., IIV COOK COUNTY. ILLINOIS
KENSINGTON
ROAD
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---,p---- ", '"-'" ,."- .,,"',,"., UYO". "",," Tun, ..vy ""Vy.," .,,"n'Vln'"
~PP~O'EO 8Y THE P~rsIOENT ~NO THE BO~.O OF TRUSTEES OF THE YlllAGE OF MOUNT P~OSPEtT, COOk COUNTY, ILLINOIS, THI5__- OAY OF -- IB8'
STAT[ OF ILlINOIS)
COUNTY Of COOk) SS
I, ARTHUk R. SCHMIDT, A REGIST[RED ILlINOIS LAMD SURVErDR, HEREBr CERTIFY THAT I HAVE SURVEYED, SUBDIVIDED,
AHO PLATTED fOR THE _ERS THEkEDF, THAT PART Of THE IIORTltEAST QUARTER OF THE WORTHWEST QUARTER Of SECTION
3.. TO..SHIP '2 HORTH, RAHGE " EAST OF THE THIRD PRIHCIPAL MERIDIM. OESCRIBEO AS FOLLOWS:
LOTS I AHD 2 1M THE HunZICKER SUBDIVISIOO, BEIMO A SUBDIVISIOO OF LOTS 32.33.38,35 AHD 361M BLOCk I 1M
RAHOVIEM HIGHLANDS SUBDIVISIOO 1M THE MO<THWESI QUARTER OF SAID SECIIOH 38: AMO ALSO THE WEST HALF OF THE
VACATED 16 FOOl ALLEY LrlHG EASI OF AND ADJOIHIMG THE EAST lIHE OF SAlO LOTS I AMD 2: AMD ALSO THE MORTH
HALF or THE vACATED 16 FOOT ALLEr LIIMO SOUTH OF AND ADJOIMIHG THE SOUTH lIHE OF SAIO LOT 2, AMO SAID SOUTH
LlHE EXTEMOED EAST B.OO FEET: COOTAlMlMG 0.811 ACRES, MORE OR LESS: ALL 1M COOK COUMTY,ILLIMOIS.
I FURTHER CERTIFY THAT THE PLAT HEREOO ORA.. IS A CORRECT UPRESEMTATION OF SAID SURVEY ANO SUBDIVISION, AND
THAT THE MOMUMEMTS AHD MARKERS HAVE BEEM PLACED as MOTED. ALL DlllEMSlaMS ARE GIVEM 1M FEET AHD OECIMAL PARTS
THEREOF.
r.E """R.C. ERTIFY THAT THE ABOvE DESCRIBED PROPERTY IS WITHIN THE CORPORA1£ LIMITS OF THE VILLAGE OF MT. PROSPECT..'
I 'ICH HAS ADOPTEO AMO IS EXERCISIIIG THE SPECIAL POWERS AUTHORIZED BT OIVISIOO 12 OF ARTICLE" OF THE
HICIPAL CODE, AS HERETOFORE aMD HEREAfTER INEHDED.
;ERTlFr THAT MO PART OF THE ABOVE DESCRIBED PROPERTY IS SITUATED WITHIM GOO fEET Of A SURFACE DRAIH OR
WA". .-<SE SERVlHG A TRIBUTARY AREA OF 6110 ACRES OR II)RE.
.- -'/-// If / Þ ..L..L
/~.f'-~A .4~-
OATED-E.Ç'!P:U~p.t~ ¡qs'/-
ARTHUR R, SCHMIDT
IlliNOIS R,L,S. ~3G-193G
SUT[ OF ILLlMDIS)
COUMTY OF COOk) SS
WE THE UHDERSIGIIEO, RA\'MOND H. HUNTZICKER. AND FLOREHCE J. HUHTZICKER, HEREBY CERTIFY THAT WE ARE THE OWHERS
OF THE ABOVE OESCRIBEO PROPERTY, AND HAVE CAUSEO SAID PROPERTY TO BE SURVEYED AND SUBDIVIOEO AS SHO" HEREOM,
fOR THE USES AND PURPOSES HEREIM SET FORTH, AS ALlOWEO AND PROVIDED FOR BY STATUIE, AND HEREBY ACKNOWlEDGE
SAID PlAT AS SHOWH HEREOf!.
DATED -----
DATED
BY
Br
.------
STAT[ Of ILLIHOIS)
COUNTY OF COOK) SS
I, , A IIOTARY PUIlIC 1M ANDEOR TltE COUIITT AMD STA1£ AFORESAID,
HERur CERTIfY THAT RA\'MOMD H. HUNTZltKER AMD FLHEMCE J. HUMTZICkER,PERSOMALLY kMM TO ME TO 8f. THE SINE
PERSONS WHOSE HINES ARE SUBSCRIBED TO THE FOREGOIMG INSTRlMEHT, APPEARED BEfORE HE THIS OAT II PERSOII AIID
ACkNOWLEDGED THAT THET SIGNED AMD DELIVERED THE SAID IHSTRIMEIT AS TltEIR FREf AIID VOLUITARY ACT AID DEED
FOR THE USES AIIO PURPOSES THERE II SET fORTH.
GIVEM UMDER MY "MO AMO MOTORIAL SEAL THIS_OAT Of
, I~'
iiOURY PuBLIC
STATE OF ILliNOIS)
COUNTY OF COOK) SS
" , counr CLERK OF tOOK COUNTY, ILLIHDIS. HEREBY CERTIFY THAT I
FIHD NO OELlMQUEIT GEMERAL TAXES, MO UMPAID CURREWT GEMERAL TAXES OR SPECIAL ASSESSMEMTS, NO UMPAlO fORfEITEO
TAXES, AHD HO REDEEMABLE TAX SALES AOAIMST ANT OF THE LANO DESCRIBED II THE FOREGOING CERTIFICATES.
I FURTHER CERTIFT THAT I HAVE RECEIVED All STATUTORY FEES IN CONNECTION WITH TltE ANMEXED PLAT.
OATEO:
COUNTY CLERK OF COOK COUNTY, hLlMOIS
STATE Of ILLI NOIS)
COUNTY OF COOK) SS
I, VILLAGE COLLECTOR OF THE VILLAGE OF lIT. PROSPECT, ILLIMOIS, FIMD
(.N.O.....,."...'..<.FERRED I MSTALLMEITS OF OUT STAMDING UNPAID SPECIAL ASSESSMEMTS DUE AGAIIST ANT OF THE LARD IMCLUDED IR
. '~ SUBDIVISION.
>4DUMT PROSPECT, ILLINOIS, , I~~
. VILLAGE COLLECTOR
THIS INSTRUMENT WAS FILED FOR RECORD II THE OFfICE Of THE RECORDER OF OEEDS OF COOk COUNTY, ILlINOIS ON
THE OAr OF . 198~ AT , M. AMD wAS RECORDED AS OOCUMEHT
NO. 1M BOOK OF PLATS, ON PAGE-='
COUMTY RECORDER Of OEEDS
"LAT PRrPARro FE..UARY 6, 190'
APPROVED BY THE PRESIDEMT AHD THE BOARD Of TRUSTEES OF THE vILLAGE OF MOUNT PROSPECT, tOOK COUNTY, ILLINOIS, THIS___- DAY OF --- 19B8
BY:
, PRESIOEMT
VILLAGE CLERK
ATIEST:
APPROVED BY TltE PLAH ~ISSIOO OF THE VILLAGE OF MOUlT PROSPECT, COOK COUNTY, ILlIHOIS. THIS
DAY OF
19B8
BY:
, CHAI INAN
. SECRETARr
ATIEST:
19B~
APPROVED BY THE VILLAGE EMGIIEER OF THE VILLAGE Of MOUMT PROSPECT, COOK COUHTY, ILLINOIS, THIS _OAT OF
VILLAGE EMGIMEER
EASEMEIT
PROVISIONS
AI EASEMEMT fOR SERVlM¡ THE SUBOIVISIOtI AMD OTHER PROPERTY wlTIt ELECTR." AID _ICATIOMS SERVIcE IS HEREBT RESERVEO FOR AND GRAITED TO
COII4OIIWEALTH EOISON COMPAIY
AMO
ILlINOIS BELL TELEPHOME tOM""Y, GRANTEES,
THEIR RESPECTIvE SUCCESSORS AID ASSIGMS, JOINTLY AND SEVERALLY, TO IWSTALL, OPERATE, MAIITAlH AIIO REMOVE, FROM TIME TO TIME. fACILITIES USED II
COMMECTIOM WITIt OVERMEAD AND UMOERGROUMO TRAISMISSION AID DISTRIBUTION OF ELECTRICITY AID SOUNDS AID SIGIALS IN, OVER, UNDER, ACROSS, AtOHG AND
uPOH THE SURfACE OF THE PROPERTY SItOWII WITHIN TIlE OOTTED LlHES OM THE PUT AMD MARKED 'EASEMEIT" AND THE PROPERTY OUIGNATED OM THE PLAT FOR
.STRHTS AHO ALLEYS, TOGETHER WITH THE RIGHT TO IISTALL REQUIREO SERVICE CORNECTIONS OVER OR UHDER THE SURfACE OF EACH LOT TO SERYE IMPROVEMEMTS
THEREOf!, THE RIGHT TO OVERHAMG ALL LOTS WITH AERIAL SERVICE RIRES TO SERVE AOJACEMT LOTS, THE RIGHT TO CUT. TRIM OR REMOVE TREES, BUSHES AMO
ROOTS AS MAT BE REASOMAILY REQUIRED IMCIOEMT TO THE RIGHTS IIUEIH GIVEH, AMD THE RIGHT TO EITER UPON THE SUBDITIOEO PROPERTY FOR ALl SUCH
PURPOSES,OBSTRUCTIOHS SHALL MOT BE PLACED OVER GRAliTEES' FACILITIES OR II, UPOR OR OVER THE PROPERTY wlTHIM THE OOTTED LINES MARKEO "USEMEMT"
WITHOUT THE PRIOR nlTIEM COIISEMT Of GRAIITEES. AFTER IISTALLATIOM OF AMY SUCH FACILITIES, THE GRAOE OF THE SUBDIVISION PROPERTY SHALL ROT BE
ALTERED 1M A MAHMER so AS TO IMTERfERE WITH THE PROPER OPWTlOII A~D MAiNTENAJlCE THEREOF.
AN EASEMEMT IS NEREIT RESERVED fOR AHO GRANTED TO NORTIERN ILlIlIOIS GAS COMPANY, ITS SUCCESSORS AIO ASSIGflS, 1M ALL PLATTED "EASEMEMT" ARUS,
STREETS, ULErI, OTHER PUBLIC wAYS AID PLACES ,- 011 TRIS PLAT, SAID EASEMENT TO BE fOR THE IMSTALLATlOI, MAiITUANCE, RELOCATlOI, REMEWAL AND
REMOVAL OF GAS MAIlS AIIO APPURTEMAIICES FOR THE PURPOSE OF SERVlII6 ALL AREAS SHOWH 01 T"'S PLAT AS WELL AS OTHER PROPERTY, WHETHER OR MOT
COHTlOUOUS TltERETO, 110 BUILÞIIOS OR OTHES STRUCTURES SHALL IE COIISTRUCTEO OR ERECTEO IN ARY SUCH "EASEMEn' AREAl, STREETS, ALLflG OR OTHER
PUBLIC WAYS OR PLACES IIDR SHALL AIY OTHER USE BE MAOE THEREOf WHICH WILL IITERFERE wITH THE EASEMUTS RESERVED AIO GRAJITEO HEREBV.
All EASEMEMT fOR SESYlHG THE SUBOIVISIOtI AND OTHER PROPERTY WITH CABLE COIMINICATIOIS SERVICE IS HEREBV RESERVED fOR AND GRAIITEO TO
THE CABlE COINIllCATlOM SYSTEM FRAIICIIISE
Of TltE VILLAGE OF MT. PROSPECT, ILlIIIDIS
ITS RESPECTIVE SUCCESSORS AIO ASSI61S JOIITLY AIID SEVERALLY TO IHSTALL, OPERATE, MAIMTAII, ANO REMOYE FROM TIME TO TIME, FACILITIES USED II
cORRECTION WITH OVERHUO "'0 UMDERGROUMO TRAMSMISSIOI ANO OISTRIBUTlOf! OF VIOEO 'NO AUDIO SIGflALS, COM4OHLY KMOWII AS A CABLE CIJ4MUNICATlOI
SYSTEM, 1M, OVER, UMOER, ACROSS,ALONG AID UPOII THE SURFACE OF THE PROPERTY SHOWH WITHII THE COTTED LINES ON THE PLAT AIO MARkEO "USEMEMT'.
AID THE PROPERTY OESIGIIATED OM TltE PLAT fOR STREETS AMO ALLEYS, TOGETHER WITIt THE RIGHT TO IISTALL REQUIREO SERVICE COllEcTIONS OVER AHO
UIDER THE SURFACE Of EACH LOT TO SERVE IMPROVEMENTS THEREOI, THE RIGHT TO OVERHAMG ALL LOTS WITH AERIAL SERVICE WIRES TO SERVE AOJACEHT LOTS
THE RIGHT TO CUT, TRIM OR REMOVE TREES, BUSHES AIID ROOTS AS MAV IE REASONABLY REQUIREO INCIDEMT TO THE RIGHTS HEREII GIVEN, AMD THE RIGHT TO
EMTER UPÐH THE SUBOIVIOEO PROPERTY FOR ALL SUCH PURPOSES, OBSTRUCTIONS SHALL MOT BE PlACEO OVER GRAMTEES' FACILITIES OR II, UPON OR OVER THE
PROPERTY WITHIM TltE COTIED liMn MAlUO "USEME"'" WITHOUT THE PRIOI WlITTEII cOISUT OF THE GRAIITEES, AFTER IHSTALt.ATlON OF AHY SUCH FACILITIES
THE GRAOE OF THE SUBDIVIDEO PROPERTY SHALL IIOT BE ALTERED II A MAUER SO AS TO IRTERFERE wiTH THE PROPER OPERATIOM ANO MAiRTENAHCE THEREOF.