HomeMy WebLinkAboutRes 16-80 04/15/1980
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RESOLUTION NO. 16-80
A RESOLUTION AUTHORIZING THE EXECUTION OF
RAUENHORST ANNEXATION AGREEMENT
I WHEREAS, Rauenhorst Corporation, American National Bank and Trust
i Company of Chicago, a national banking association, not individually, but
! soley as Trustee under a Trust Agreement dated February 10, 1979 and
¡ known as Trust No. 45771 and the beneficiary thereof, Northern Illinois
Gas Company, an Illinois corporation, have asked the Village of Mount Prospect
to enter into an Annexation Agreement ~nder the terms and conditions set
forth in Exhibit A attached her~to and incorporated herein by this reference; and
¡WHEREAS, the President and Board of Trustees of the Village of Mount Prospect
have determined that it would be in the best interest of the Village of
Mount Prospect to enter into an Agreement with the terms and conditions set
forth in Exhibit A hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: The Presidident of the Board of Trustees of the Village of
Mount Prospect be, and she is hereby, authorized to execute and the Village
Clerk to attest, the Agreement is substantially the same form as Exhibit A by
and between the Village of Mount Prospect and Rauenhorst Corporation,
American National Bank and Trust Company of Chicago, a national banking
association, not individually, but soley as Trustee under a Trust Agreement
dated February 10, 1979 and known as Trust No. 45771 and the beneficiary
thereof, Northern Illinois Gas Company, an Illinois corporation, which is
attached hereto as Exhibit A and incorporate herein by this reference.
SECTION TWO: This Resolution shall be in full force and effect from and
after its passage and approval in the manner provided by law.
PASSED this 15th day of April, 1980.
I AYES:
I
Farley Floros Miller Murau skis Richardson
Wattenberg Krause
NAYS:
None
ABSENT: None
APPROVED this 15th day of April, 1980.
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ATTEST:
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Village Clerk
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.~.l.JNEX.!..TION .~GRE~l".El~T
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'T.his Agreement made and entered "into thi5~Y èay of
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, 1980 by and between the village of Mount
Prospect, an Illinois municipal corporation
(hereinafter
referred to as the "Village"), F.Inerican National Bank and Trust
Company of Chicago, a national bankinq association," not inãivi-
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dually, but solely as Trustee under a Trust þgreement dated
February 10, 1979 and known as Trust No.
45771
(referred to
hereinafter as the "Trustee") and the beneficiary thereof,
Northern Illinois Gas Company, ,an Illinois corporation (referred
to hereinafter as I'NI-Gas") and the Rauenhorst corporation,
a Minnesota corporation (hereinafter referred to as the ."Buyer").
. WIT N E SSE T H :
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WHEREAS, Trustee is the record owner of a tract of
real estate which is legally described on Exhibit A which is
attached hereto and incorporated herein by this reference
(hereinafter referred to as the "Land"};- and
WHEREAS, NI-Gas is the sole beneficial owner of the
above-de~cribed Trust No. 45771 and has directed the Trustee to
execute this Agreement as appears from the Beneficial Owner's
Statement and Direction attached hereto as Exhibit Band
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incorporated herein by this reference; and
WHEREAS, the Land, except those portions previously
annexed to the Village and identified on Exhibit A hereto, is
located in an unincorporated portion of Cook County, Illinois
and consists of territory which is not within the boúndaries
of any municipality and which is contiguous to, and may be
annexed to, the Village as provided in Article 7 of the Illinois
Municipal Code; and
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WHEREAS, under the terms of an Agreement (hereinafter
::,pferred to as the "Option Agreement") dated August I, 1978, NI-
Ga~ has granted to the Buyer an option to purchase the Land
upon the terms and conditions set forth in the Option Agree-
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ment; and
WHEREAS, the Option Agreement provides for the exer-
cise of the option granted therein and the purchase of portions
of the Land of not less than thirty (30) acres and upon the
schedule set forth in the Option Agreement; and
WHEREAS, the Option Agreement provides that, without
the written agreement of NI-Gas, no portion of the Land may be
annexed to the Village prior to the exercise and closing by
.the Buyer of its option to purchase such portion of the Land;
and
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WHEREAS, the Buyer desires to annex to the Village all
portions of the Land, except those portions previously annexed
to the Village and identified on Exhibit A hereto, purchased by
the Buyer as provided in the Option Agreement subject to the
terms and conditions of this Annexation Agreement; and
WHEREAS, contemporaneously with the execution of this
,
Agreement, Buyer will exercise its option to purchase and will
close the purchase of an approximate forty-one (41} acre portion
of the Land and hereinafter referred to as the "Second Phase
Property" which> is legally descJ;ibed on Exhibit C which is
attached hereto and incorporated herein by this reference and
wishes to annex that portion of the Second Phase Property which
has not previously been annexed to the Village upon the terms
and conditions set forth in this Annexatio~Agreement immediately
upon the execution of this Annexation Agreement; and
WHEREAS, pursuant to and in accordance with the pro-
visions of Section 7-1-1 et seq., of the Illinois Municipal
Code, Ill..Rev. Stat., ch. 24, §7-1-1 etseq., Buyer has filed
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~ / .8 duly executed Petition for Annexation with the Village, a
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cop¥ of which is attached hereto as Exhibit D and incorporated
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herein by this reference; and
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WHEREAS, a Plat of Annexation for that portion of the
-' Second Phase Property not previously annexed to the Village is
attached hereto as Exhibit E and incorporated herein by this
reference; and
WHEREAS, if Buyer fails to exercise its option to pur-
chase the Land as provided in the Option Agreement, NI-Gas desires
to have the option, but not the obligation, to annex the then
unannexed portion of the Land to the Village upon the terms and
conditions set forth in this Agreement; and
WHEREAS, the Buyer has requested that any portion of
the Land acquired by the Buyer be zoned in the I-I Light Indus-
trial Zoning District under the provisions of the Zoning Ordi-
nance of the Village of Mount Prospect and that specified varia-
tions be granted for such land; and
"m' _u_-, - -'~ --m'WHÊRË:ÅS;"-.o-~'F~r~~i-i2ã ~-I9 8 0 ,the Zoni~9: B;ard of
Appeals of the Village of Mount Prospect, being the Board
designated by the corporate authorities of the Village to hold
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~ ~~~}~c hearings pn r~9u~sts for zoni?~_~endments and varia-
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tions, did hold a public hearing on the Buyer's requested zoning
and variations, pursuant to notice thereof published on
February 11,1980, in the Mount Prospect Herald and, in com-
pliance with Sections 14.603 and 14.804 of said Zoning Ordi-
nance, notice mailed to property owners within 250 feet of the
Land; and
WHEREAS, pursuant to the provisions of Section
11-15.1-1 et seq., of the Illinois ' Municipal Code, ch. 24
§11~15.l~l et seq.(1977), the corporate authorities of the
Village did hold a public hearing on the pròposed Annexation.
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Agreement in substance and form the same as this Agreement on
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M~rch 18, 1980 and continued from time to time thereafter and
concluded on April 15,1980 pursuant to notice duly published
on March 1, 1980-, in the Mount-Prospect Herald, as provided by
law; and
WHEREAS, all public hearings required by law to be
held in connection 'with the agreements and actions provided for
herein~~"e_þ~_~~_h.~}'..a _prior__t(j. _theexecuti~n of_- this Agreement
and no further public hearings shall be required prior to or as
a condition of the performance by the parties of the agreements
contained herein; and
WHEREAS,the Buyer has requested final plat
approval for the Second Phase Property and variations from
the Development Code, ~ll of which have been reviewed and
recommended for approval by the Plan Commission as provided
in the Development Code of the Village of Mount Prospect; and
WHEREAS, due and timely notice of the proposed annexa-
tion has been given to the Mount Prospect Fire Protection
District, the Highway Commissioner of Wheeling Township and
the Board of Auditors of Wheeling Township in the manner and
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form required by statute; and
WHEREAS, no library district has jurisdiction over
the Land; and
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WHEREAS, the corporate authorities of the Village,
after due and careful consideration, have concluded that the
annexation of all or any portion of the Land to the Village
upon the terms and conditions hereinafter ~et forth will be
beneficial to the Village, and not detrimental to the interest
of neighboring landowners or the value of neighboring land, and
find that the annexation of all or any portion of the Land will,
among other benefits:
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a.
Promote and encour~ge the highest and best use"
of , the Land;
b.
Increase assessed value of land within the Vil-
lageand tend either to lower overall tax rates or increase tax
revenues without corresponding ~~c~eases in municipal burdens
which would be incident to residential development;
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c.
Increase employment within the Village during
construction of the buildi~gs to be erected on the Land and
increase employment and job opportunities within the Village
boundaries after completion of such construction;
d.
Stimulate the economy of the Village;
Serve the best interest of the Village and its
e.
citizens by the annexation of the Land and the effectuation of
the rezoning, restrictions and variances authorized and per-,
mitted under this Annexation Agreement;
f.
Extend the corporate limits and jurisdiction of
the Village and promote sound planning,and development~of the
Village;
g.
Otherwise promote and enhance the public health,
safety, comfort, morals and welfare;
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h.
Promote and be consonant with the comprehensive
plan of the Village; and
WHEREAS, following the aforesaid public hearings, the
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corporate authorities did on April IS, 1980, by a vote of two-
thirds (2/3) of the corporate authorities then holding public
office, direct the President to execute and the Village Clerk
to attest this Annexation Agreement on behalf of the Village.
NOW, THEREFORE, for and in consideration of the
mutual covenants herein made and pursuant to the provisions of
Section 11-lS.I-1 et seq., of the Illinois Municipal Code, Ill.
Rev. Stat., 1977, ch."24 §ll-lS.l-letseq., the parties do
hereby enter into the following Annexation Agreement:
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The foregoing recitals are
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SECTION ONE:
Findings.
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incorporated herein as findings of tWe President and Board of
Trustees of the Village.
SECTION TWO:
Annexa'tion.
A.
Contemporaneously with the execution of this Annexation
Agreement, the Village agrees to annex the portion of
the Second Phase Property legally described on Exhibit F
attached hereto and incorporated herein by this reference,
subject to the terms and conditions set forth in this
Agreement, by adopting a proper ordinance attached hereto
as Exhibit F providing therefor.
B.
The Village agrees to annex and the Buyer agrees to
request annexation to the Village of the remaining portions
of the Land legally described on Exhibit A hereto except
those portions of the Land previously annexed to the vil-
lage and identified on Exhibit A hereto, upon the follow-
ing schedule and terms:
I. Contemporaneously w~th the exercise and closing
by Buyer of its option to purchase at least
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thirty (30) contiguous acres of the Land which
are cont~guous to the Village, Buyer shall file
with the Village a fully executed and proper peti-
tion for annexation, plat of annexation and
Beneficial Ownerls Statement and Direction, if
applicable, in substantially the form as,
respectively, Exhibits D, E and B, attached hereto~
2.
Within thirty (30) days after the filing of such
documents, and subject to the terms and conditions
of this Agreement, the Village shall annex that
portion of the Land which is the subject of such
petition by adopting a proper ordinance providing
therefor, in the form of Exhibit F, attached hereto.
(All portions of the Land acquired by the Buyer and
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annexed to the Village and all portions of the
Land acquired by the Buyer which were previously
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annexed to the Village and which are identified
on Exhibit A attached hereto are referred
to hereinafter as the "Annexed Land").
SECTION THREE:
Zoning of the Land.
A.
contemporaneously with the annexation of the Second Phase
Property, the Village shall adopt an ordinance attached
hereto as Exhibit G and incorporated herein by this
reference, to amend the Village Zoning Map to classify
the Second Phase Property in the I-I Light Industrial
District under the Village of Mount Prospect Zoning
Ordinance.
B.
Subject to the terms of this Agreement and contemporaneously
with the annexation of all or any portion of the Annexed
Land as provided in Section Two B of this Agreement, the
Village shall adopt an ordinance in the form of Exhibit G,
attached hereto, to amend the Village Zoning Map to
classify in the I-I Light Industrial District under the
Village of Mount Prospect Zoning Ordinance such portion
of.the Annexed Land and other portions of the Annexed
Land not previously zoned for which the Buyer requests
such zoning.
$ECTION FOUR:
Variations .from the Zoning Ordinance.
Contemporaneously with the adoption of an ordinance classifying
any portion of the Annexed Land in the I-l Light Industrial
District as provided in Section Three hereo~, the Village shall
adopt an ordinance, in the form of Exhibit H, attached hereto
and incorporated herein by this reference, granting the follow-
ing variations from the Zoni~g Ordinance of the Village of
Mount Prospect for that portion of the Annexed Land so classi-
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,~~ed and other portions of the Annexed Land for which such varia-
.tio~ have not previously been granted and for which the Buyer
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requests such variations:
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A.
B.
A variation from Section 14.2203A of Article XXII of
the zoning Ordinance which requires a minimum lot size
of four acres to permit such portion of the Annexed
Land to be developed with lots of such area that the
average lot area in such portion will be at least 2.7
acres, provided that no lot in such portion may have
an area of less than one acre, and provided further,
that no more than 10% of the lots in such portion, or
one lot, whichever is greater, may have -an area of
one acre.
A variation from Section 14.2205A of _Article XXII of
the Zoning Ordinance, which requires one off-street
parking space for each two hundred feet of gross
floor area, to permit the following:
I.
One off-street parking space for each two hundred
fifty square feet of gross floor area or fraction
2.
thereof used for office purposes.
One off-street parking space for each 1,500 square
feet of gross floor area or fractio~ thereof used
fQr warehouse purposes.,
3.
For any portion of any building used for industrial
or manufacturing plant use, or for any other use,
other than office or warehouse use, permitted in
the I-I District:
(a} 0.8 spaces for each person
employed in the primary work shift operating in
such portion of the building plus 0.5 spaces for
each person employed in the work shift having the
next largest number of employees, or, alternatively,
(b) one space for each 1,000 square feet of floor
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area or fraction thereof, whichever shall result in
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the calculation of the larger required number of
spaces.
C.
A variation from Section 14.2602B29 of Article XXVI of
the Zoning Ordinance, which requires off-street parking
spaces of lot X 20t, to permit the development of such
portion of the Annexed Land with off-street parking
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D.
A variation from Section l4.220SB of Article XXII of
the Zoning Ordinance, which specifies the number of
required off-street truck parking and loading spaces,
to reduce the number of such off-street truc~parking
and loading spaces required for any portion of a
building utilized for office purposes, so that one
off-street truck parking and loading space shall be
required for each 100,ODO square feet or fraction
thereof of floor area 'of such portion of a building
utilized for office purposes.
E.
A variation from Section 14.l01F of Article I of
the Zoning Ordinance to allow occupancy of any build-
ing on any lot on such portion of the Annexed Land
by more than one main use.
For the purpose of this Agreement, the satisfaction of the condi-
tions set forth in Section 14.6D4B of the Zoning Ordinance, by
development on any part of such portion of the Annexed Land
shall satisfy such conditions with respect to all such portions
of the Annexed Land.
SECTION FIVE~
variations £rom the Developme'nt Code.
Contemporaneously with the adoption of an ordinance granting varia-
tions from the Zoning Ordinance for all or any portion of the Annexed
Land as provided in Section Four hereof, the Village shall adopt
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an ordinance, in the form of Exhibit J attached hereto and
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incorporated herein by this reference, granting the followin~
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variations from the Development Code of the Village of Mount
Prospect for that portion of the Annexed Land:
A.
A variation from Section 16.405F3 of the Development
Code to permit storm water retention ponds high water
level to be located not less than twenty-five (25) feet
.....~roI'Cl_- build~ng~..
B.
A variation from Section 16.405F3b of the Development
Code to eliminate, except as shown on Exhibit I attached
hereto and incorporated herein by this reference, the
requirement for rip rap around the storm water retention
ponds to be located on the Land.
C.
A variation from Section 16.411G2 of the Development
Code to reduce the design frequency of storm sewers to
five (5) years.
D.
A variation from Section 16.408AIO of the Development
Code to permit cul-de-sacs to be located on the Land
to extend to 800 feet.
E.
A variation from Section 16.408B8 of the Development
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Code to permit street and road paving without the
winter's delay provided in said Section, provided the
weather permits such paving.
F.
A variation from Section 16.414AI of the Development
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Code to permit sidewalks to be located on only one side
of each of the streets to be located on the Land.
SECTION SIX; Amendments to Development COde.
The
Village shall adopt an ordinance to amend, within si-xty (60)
days after the date of the execution of this Agreement, the
Development Code in the following respects:
A.
To vest the Director of Community Development with
authority to review and approve or disapprove pre-
liminary and final development plans.
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B.
To amend Section 16.204 of the Development Code to
apply to temporary occupancy certificates and provide
for a six month time limit on suc~ certificates.
C.
To amend Section 16.506 of the Development Code to
apply to final occupancy certificates.
D.
To amend Section 16.204 of the Development Code to
eliminate the requirement that sidewalks and street
lights in Industrial Districts under the Zoning
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Ordinance be installed before the issuance of
temporary occupancy certificates for buildings in
such districts.
SECTION SEVEN: Amendments to Village of Mount Prospect
Municipal Code Provisions on Signs.
The Village shall adopt an
. ordinance amending the provisions of the Village of Mount Prospect
Muni"ipal Code with regard to signs to allow identification signs
in the I-I Light Industrial District under the Zoning'Ordinance
within sixty (60} days after the date of the execution of this
Agreement.
Such ordinance shall include a definition of identi-
fication signs and shall specify the regulations applicable to
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such signs.
The Village agrees to adopt an ordinance authorizing
the Buyer to place an identification sign complying with the
provisions of the sign' ordinance in the public right-of-way in
the location shown on Exhibit U attached hereto and incörporated
herein by this reference.
SECTION EIGHT:
Subdivision Plats.
Subject to the terms
of this Agreement, subdivision plats for the Annexed Land will be
approved in accordance with the following terms:
A.
Contemporaneously with the zoning of the Second Phase
Property, the Village sh~ll approve the final subdivision
plat for such Property attached hereto as Exhibit Land
incorporated herein by this reference.
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B.
Contemporaneously with ~f prior to the time that the
Buyer files a petition to annex a portion of the Land to
the Village as provided in Section TWo B of this Agree~
ment, it will file a plat of subdivision for the portion
of the Land to be then annexed and any additional portion
of the Land previously annexed and for which the Buyer
requests subdivision approval.
The Village agrees that;
I.
It will not require the contribution of money,
land or other donations as a condition to the
approval of any land subdivision or plat thereof
with respect to the Annexed Land except as provided
for in Section Seventeen of this Agreement.
2.
It will approve such plat of subdivision within
thirty (30) days after .the Plan Commission
forwards its recommendations to the Village Board
3.
if it complies with applicable Village ordinances.
After-approval of a plat of subdivision, the Buyer
may' combine two or more lots in such subdivision
without further approval from the'Village in order
to develop such lots in a main use, and after such
combination such combined lot shall be considered
a single lot and applicable ordinances of the
Village shall apply to such combined lot as if such
combined lot had originally constituted a single
lot.
4.
It will approve reclaiming, grading, or regrading
of the Land as necessary to remove any area of
the Land from, or prevent any area of the Land
from being included in, a Special Flood Hazard Area
under the National Flood Insurance Program or other
designated flood insurance, flood, or wetland
area, provided such relclaiming, grading or regrad~ng
is performed in accordance with Federal Flood Plain
Regulations and applicable ordinances of the Village.
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5. It will grant tèmpðr~f!{Ôðêupa.ncy certificates with-
out requiring sidewalks and street lights, provided
that the requirements for such temporary occupancy
certificates are otherwise satisfied, if the street
base course is in place according to plans and
specifications approved by the Village and sufficient
security is posted uo guarantee completion of
public improvements in accordance with the Development
Code, provided, however, that the issuance of
temporary occupancy certificates shall not constitute
an acceptance of the public improvements for maintenance
by the Village.
6.
It shall not require the Buyer to submit any informa-
tion, data or plans required under the Development
Code to the Village in connection with requests for
approva~ of subdivision plats for the Land, if Buyer
has already submitted applicable and relevant informa-
tion, data or plans to the Village in connection with
other phases of the development of the Land.
SECTION NINE:
Development Plans.
Subject to the terms
of this Agreement, Buyer shall submit development plans for review
and approval or disapproval to the Director of community Develop-
ment who shall review and approve or disapprove such development
plans in accordance with the provisions of the ' Development Code.
The Village agrees that any applicable and relevant information,
data or plans required to be submitted to the Village under the
Development Code which was provided to the Village in connection
with another phase of the subdivision or development of the
Land need not be resubmitted to the Village in connection with
each request for development plan approval.
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SECTION TEN:
Permits for.Çqnstruction.
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Provided
that the Buyer submits applicable plans to the Village which
comply with applicable Village ordinances, the Village agrees
to issue necessary permits to the Buyer to allow grading, the
installation of drainage and utility facilities and the construc-
tion of building foundations prior to the Buyer's submission
of plans for the entire building to be constructed on a lot
provided, however, that any such permits issued shall not
authorize and shall not be construed to authorize or to permit
construction of any portion of a building or any improvement
for which plans have not been reviewed and approved by the
village.
SECTION ELEVEN:
Available Services.
The Buyer and
the village acknowledge that the following water service,
storm sewer service and sanitary sewer service are available
to serve the Land:
A.
Sanitary Sewer.
A 54-inch sanitary sewer main is
located along the right-of-way of Wolf Road which
forms the easterly boundary of the Land, and a 36-inch
sanitary sewer and a 54-inch sanitary sewer are located
within the right-of-way of Rand Road, and a la-inch
sanitary sewer is located along the South twenty (20)
feet of the Northwest Quarter of Section 35.
B.
Water .-
A l2-inch water main is located in the
vicinity of the intersection of Kensington Road and
Wheeling Road, a water main is located within the
right-of-way of Rand Road, and a water main is
located at or near the South line of the ~ortheast
Quarter of Section 35, lying Westerly of the South
820 feet of the East 480 feet of said Northeast
Quarter, occupied by River Trails School District
lNo.26._.
C.
Storm Sewers. A network of storm sewers surrounds the
Land converging on Feehanville Ditch, which serves
as a part of the combineãwater system.
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Nothing in th~s paragraph shall constitute an agree-
,men~ or representation by the Village regarding the adequacy of
such water service, storm sewer service or sanitary sewer service
to serve the Land.
SECTION TWELVE: Public Improvements.
The Buyer
agrees that it will construct on the Annexed Land, at its sole
cost and expense, the public improvements set forth on the fol-
lowing exhibits, attached hereto and incorporated herein by
this reference:
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A. Exhibit I'.
B. 'Exhibit M.
c. Exhibit N.
Grading, Storm Sewers, and Detention Ponds.
Sanitary Sewers and Water Mains.
Rights of Way, Streets, Sidewalks, Street
Lighting and Landscaping.
The parties agree that Exhibits I,M, _and N are con-
ceptual exhibits only and that the final alignment and location
of improvements_shall not be required -to conform exactly to the
alignment and location shown on ~aid Exhibits, but the purpose,
function and capacity of such improvements shall be in substan-
tial conformity with said Exhibits.
All improvements shown are
in conformity, to the degree represented, with the requirements
of the village ordinances except as set forth herein or on the
Exhibits.
In connection with said public improvements, the Buyer
further agrees as follows:
D.
Temporary Lift Stations and Force Mains:
The Buyer
agrees to construct, install and maintain at its sole cost and
expense, temporary lift stations in the locations shown on Exhibit M,
attached hereto, and of the quality and capacity' as required and
approved by the Village Engineer.
The Buyer shall expeditiously
remove and p~operly abandon such temporary lift stations from
the sanitary sewer lines to be developed on the Land when, in
the opinion of the Village Engineer, such temporary lift stations
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,are no longer necessary to facilitate the flow of sewage through
such sewer lines.
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The Village agrees to acknowledge in con~
nection with tþ.e B'\lyer's MSD and EPA permit applications that
the Buyer has tÌl~-_E_~,ght to use- the Village t s standby generator.
E.
Streets, Roadway and Intersection Improvements.
1.
Interior Streets.
a.
Construction Road. By June I, 1981, the Buyer at
its sole cost and expense will complete the con-
struction road from Wolf Road, proceeding westerly
across the Land to the Annexed Land.
The Buyer
shall maintain such construction road at its
sole cost and expense provided, however, that Buyer'
obligation to maintain such construction road shall
cease after the Buyer's completion of the interior
road specified in Section Twelve EB2 hereinafter
or at the time the Buyer permanently terminates
construction on the Annexed Land, whichever occurs
first.
The roadway shall be constructed with such
materials so as to be usable under all weather
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conditions.
The minimum width shall be eighteen fee
(18') and the minimum thickness shall be sufficient
to support concrete ready-mix trucks and emergency
vehicles.
Construction of the road will include a
"shaker sectio~ to remove mud from trucks before
such trucks enter public roadways.
The material fo]
such roadway, its minimum thickness and the shaker
section thereof, shall be subject to the review and
approval of the Village Engineer.
The Buyer shall
require construction vehicles entering and exiting
the Land to use such construction road upon its
completion and shall limit the use of such construe
road to construction traffic and ~mergency vehicles
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b. Interior Roads.
-'
1)
Prior to the construction and installation
of the construction road, the Village agrees
to permit Buyer to use the existing roads
in Phase I of the Kensington Center develop-
ment to be used for construction traffic
and to permit construction traffic to
enter the development from Kensington
Road
provided that~Buyer constructs,
installs and maintains at its sole cost and
expense in the locations and to the speci-
fications required by the Village Engineer,
shaker strips or the equivalent in apprqpriai;:e
locations.
2)
The Buyer shall construct at its sole cost
andexpenseca permanent interior road extending
from the Annexed Land to Wolf Road whenever
300,000 square feet of office space has been
constructed and is occupied for office purposes
in the development, (provided in a building
used primarily for non-office purposes only that
portion of the area used for office purposes
which is in excess of fifteep percent (15%) of
the area of the building shall be included in
the calculation of office area), or 200 gross
acres have been developed and are occupied in
the development, whichever occurs first.
Develop-
ment for purposes of this paragraph shall
include Kensington Center Phase I plus any
,construction and development of the Annexed Land.
,
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2.
Exterior Streets, Roads and Intersections.
The
Village will cooperate with the Buyer and the
Trustee with regard to applications, permits, and
petitions to the Illinois Department of Transporta-
tion (hereinafter referred to as "IDOT't) and the
Metropolitan Sanitary District of Greater Chicago,
and any other federal, state or local governmental
units or agencies having jurisdiction over the
Land or services to the Land.
The Village agrees
that traffic signal lights or other development or
improvement will not be required at intersections
affected by the development of the Annexed Land
until such traffic signal lights or other develop-
ment or improvement are. required by IDOT, and the
Village will not impose responsibility for develop-
ment or improvement costs on the Buyer in excess
of those imposed on the Buyer by IDOT.
Concerning
'- ----" ~- .. ___n- "'.r,Qqç1.wc:;y-ç.Q!1~_t~.!:!ct:ton a~sqgi~t:edV!~tJ:1. the Annexed.._-
Land within State rights-of-way (i.e., intersection
--',..
"
construction at Rand/Business Center Drive,
Wheeling/Kensington, Kensington/Wolf, Business
Center Drive/Wolf) the Buyer has and will absorb
all construction costs imposedo~ the Buyer by
the State of Illinois in accordance with the
intersection improvements shown on Exhibit K
attached hereto and incorporated herein
by this reference, Buyer's letter dated August 7,
1979 to IDOT, attached hereto as Exhibit 0 and
incorporated herein by this reference, and confirmed
by IDOT to Buyer in a letter dated August 20, 1979
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F.
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attached hereto as Exhibit P and incorporated herein by
this reference.
The Buyer will not request Village to
share in or absorb any of the above improvements or sig-
nals associated with the development of the Annexed Land.
- - ,-
The Buyer agrees to dedicate a seventeen (17) foot
wide strip of the Annexed Land south of and abutting the
south line of ~he existing thirty-three (33) foot right-
of-way for Kensington Road extending from the western to
eastern boundary of the Annexed Land.
The Buyer agrees to dedicate said seventeen (17)
foot strip at the time the Buyer annexes all or any
portion of the Land abutting the right-of-way line for
Kensington Road and to reflect such dedication on any
subdivision plat for such portion of the Land to be
then annexed.
Water Line and Mains.
Tl.~ Buyer agrees to construct
at its sole cost and expense the twelve inch (12t1)
water lines and mains and appurtenances thereto to
serve the Annexed Land as shown on Exhibit M, attached
hereto.
The parties agree that twelve inch (12")'
.
water mains and lines are required to serve the Annexed
Land.
Buyer agrees to construct and install the six-
teen inch (16") water lines and mains in the locations
shown on Exhibit M hereto provided the Village pays
the difference in cost between the materials necessary
tó construct a twelve inch (12") water line and main
~,.,..
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Q
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and such sixteen inch (16") water line and main.
The Vil-
lage agrees to pay the Buyèr for such material cost after
completion of construction of such water line and main and
within thirty (30) days after receipt of a bill therefor
from the Buyer.
The Buyer agrees to provide the Village
with any documentation in the possession of the Buyer veri-
fying the amount and charges for the cost charged to the
Village.
Buyer shall at its sole cost and expense loop the
water mains and lines shown on Exhibit M hereto in order to
maintain in each completed phase of development of the
Annexed Land a minimum water flow of 3,500 gallons per
minute at a minimum residual pressure of ten (10) pounds
per square inch.
The Village Engineer shall determine
where such looping must be located to maintain the flow
and pressure specified herein and Buyer agrees to so loop
the water lines and mains at its sole cost and expense.
Required looping shall be: completed_in connection with
each phase of development of the Annexed Land.
G.
Pedestrian Path.
The Buyer agrees to construct and install
at its sole cost and expense a pedestrian path for school
,
children from the south to north boundary lines of thé
Annexed Land within the easterly 1,400 feet of the Land in a
location selected by the Buyer, which may utilize the side-
walks the Buyer constructs in connection with the develop-
ment of the Annexed Land, and to the specifications speci-
fied in the Development Code for sidewalks provided, how-
ever, that in lieu of such pedestrian path the Buyer shall,
if requested to so in writing by the Village prior to the
Buyer's construction of the pedestrian path on the Buyer's
property, construct and install a sidewalk on the west side
of Wolf Road extending from the south to north boundary
lines of the Land as it ,abuts Wolf Road.
The Buyer agrees
to notify the Village in writing not less than forty-five
(45) days and not more than ninety (90) days prior to the
date the Buyer commences construction of such pedestrian pat]
" '
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The Buyer shall construct such pedestrian path in con-
nection with the development of the portion or portions
of the Annexed Land on which such path is to be located 0
if the Buyer is required to construct a sidewalk along
Wolf Road as specified herein, the Buyer shall construct
such sidewalk in connection with the development of the
portion of the Annexed Land which abuts the right-of-way
of Wolf Road.
H.
Storm Water Management System.
The Buyer agrees to cons t:
and install at its sole cost and expense ,a storm water
management system on the Annexed Land as shown on Exhibit
attached hereto and as set forth on Exhibit T attached
hereto and incorporated herein by this reference.
Buyer
agrees to construct and instail at its sole cost and
expense wells on the Annexed Land for the purpose.of main..
taining the water quality in water detention ponds to be
located on the Annexed Land as shown on Exhibit I hereto.
Such wells shall be constructed and installed to specifi-
cations approved by the Village Engineer.
The Village
agrees to accept an easement for maintenance for each of
the storm water detention ponds shown on Exhibit I hereto
provided that the wells provided fo~ herein have been
constructed and installed in accordance with the speciÞi-
cations therefor approved by the Village Engineer and
further provided that such storm water detention ponds
have been constructed and installed in accordance with
appliçable Village ordinances and the provisions of
Exhibit Thereto.
SECTION THIRTEEN:
Dedication ... o:f' ]?ubl"ic Tmprovements. ...
Provided the public improvements shown on Exhibits I, M and N are Ct
structed in accordance with applicable Village ordinances and this
Agreement, the Buyer agrees to dedicate and the Village agrees .to
I
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,
" ,'accept the dedication of such public improvements I except lift sta-
,tionpl force mains, wells and irrigation systems, for each portion
of the Annexed Land in accordance with the provisions of the Develop-
"
ment Code, provided, however, that the Buyer will not dedicate the
storm water detention ponds shown on Exhibit I to the Village but will
grant the village a maintenance easement for such ponds as pro-
vided in Section Twelve of this Agreement.
The Village agrees
to maintain the public improvements the Buyer dedicates to the
Village and to maintain the detention ponds for which the Vil-
lage will be granted an easement.
In addition to the public
improvements described above, the Village agrees to accept dedica-
tion .. of alì storm sewers and water mains which service more than
one lot and are installed within easements along property lines.
SECTION FOURTEEN:
Oversizing of Public Tmprovemen'ts.
The Buyer agrees to increase the size and capacity of utility
facilities or other public improvements to be constructed by
the Buyer -if requested to do so by the Village in connection
,- with such portion of the Land .for which annexation or subdivi-
sion approval is requested by the Buyer.
Except for the water
main described in Section Twelve, the Village agrees to request
any such increase in writing within thirty (30) days after the
date the Buyer files a petition for annexation with the Village
Clerk or the date the Buyer files a subdivision plat with the
Village Clerk, whichever occurs first.
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A
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The Village agrees that if the price for construction
,or ~nstallation of utility facilities or public improvements~to
be constructed by the Buyer, other than the water main described
in Section Twelve, is increased by reason of an increase, made
at the request of the Village, in size or capacity beyond the
size or capacity required to serve the Annexed Land, the Village
will pay such increase in price.
In order to determine the
amount of the increase in price, if any, to be borne by the Vil-
lage, alternative bids for such facilities or improvements,
that is, including and not including such increase in size or
capacity, will be obtained by the Buyer in accordance with
standard bidding procedures acceptable to the Buyer and the
Village.
The Village agrees to accept such bids as determina-
tive of the Village's portion of the price for such facilities
and improvements.
The Village will reimburse the Buyer for
the Village's share of such price after completion of con-
struction of such oversized public improvements and within
thirty (30) days after receipt of a bill therefor.
SECTION FIFTEEN:
Environmental Cghtrols' During
Construction.
Buyer understands and agrees that Buyer and any
.
and all of its agents, servants, employees, contractors and
subcontractors shall comply with the following regulations
during the development of the Land:
A.
No exterior work in connection with the development
of the Land shall take place on Sundays.
B.
Exterior work in connection with the Land shall take
place only during the hours specified in the Building
Code.
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C.
Noise from the Land during development shall not
exceed the limits under the I-l Light Industrial
District regulations of the Zoning Ordinance.
D.
Transport off the site of dust, odors, debris, dirt,
mud and sediment shall be prevented to the maximum
extent practicable.
Measures taken to achieve con-
trol of these materials shall include:
1.
Maintenance of any existing fence or vege-
tative screen between the site and adjacent
roads or residences.
2.
Use of temporary vegetation or other methods
to protect exposed areas during development.
Installation of permanent, final plant cover-
3.
ing or structures as soon as possible.
4.
Use of sediment basins, debris basins, desilt-
ing basins or silt traps to remove sediment
from run-off waters during development.
5.
Construction of temporary roads on appropriate
locations and with materials selected in order
~
to minimize dust nuisances to residential pro-
perties.
SECTION SIXTEEN:
Applicability of Villaqe Ordinances..
The parties agree that the following ordinances, without amend-
ment except as amended or varied hereby or provided herein,
shall govern the use and development of the Annexed Land during
the term of this Agreement, except as may be provided herein:
A.
The Zoning Ordinance of the Village of Mount Prospect,
Chapter 14 of the Municipal Code of the Village of.Mount
Prospect¡as it exists on the date of the execution of
this Agreement.
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trary:
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B.
The Development Code of the Village of Mount Prospect,
Chapter 16 of the Municipal Code of the Village of Mount
Prospect(_as it ex~§_t$ ()..Il_the date of the execution of
--'------
this Agreement.
C.
The Building, Mechanical, Electrical, Plumbing,
Fire Prevention Codes and Life Safety Codes of
the Village of Mount Prospect as they exist on
D.
the date of the execution of this Agreement.
Other ordinances of the Village existing on the
date of the execution of this Agreement relating
or pertaining to zoning, subdivision, develop-
ment, occupancy permits and related restrictions.
E.
Counterparts of the Ordinances and Codes described
in subsections A, B, and C above of this Section
Sixteen have been initialed and identified by the
Village and the Buyer, and the Village and the
Buyer have each retained an initialed and identified
counterpart of such ordinances.
In the event of a
dispute regarding the content of the ordinances des-
cribed in A, Band C applicable to the Annexed Land,
the content of such ordinances which are so initialed
and identified shall be controlling.
F.
When used in this Annexation Agr~ement, the following
terms shall have the following meanings: -
1.
IIApplicableOrdinancesll or similar terms shall
mean the ordinances and codes described in this
Section Sixteen.
2.
"Zoning Ordinance" shall mean the Zoning Ordi-
nance described in subsection_A of this Section.
3.
IIDevelopment Codell shall mean the Development
- Code described in subsection B of this Section.
Notwithstanding anything in the foregoing to the con-
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G.
The Buyer agrees to be bound by any ordrnan~es which
-
the Village is required to enact and make applicable
to the Annexed Land ,by federal, state or other govern-
mental authority with authority to require the Village
to enact such ordinances.
H.
The Buyer may consent to the application of some
amendments to the above ordinétnces, or portions of
amendments to ordinances, or new ordinances, or por-
~.
tions of new ordinances, to the Annexed Land.
'I.
The Buyer agrees to be bound by any amendments to the
ordinances set forth in this Section which apply in
the Village generally with regard to fees, charges and
costs charged by the Village for permits including
building permits, connection and tap-on fees and
user charges for water and sewer service and
any and all other fees and charges customarily charged
by the Village as they now exist and as they may be
amended from time to time, provided that if the fee or
charge is of a type not currently charged by the
. Village, such fee or charge shall not be applicable
to the Annexed Land if such a fee or charge is not
generally applicable to industrial property in
Northeastern Illinois, and the Buyer presents evidence
thereof to the Village Board.
J.
The Buyer agrees to be bound by any amendments to
such Codes described in subsection C of this Section
which are adopted by the village~during the term of
this Agreement provided that such amendments apply
to the village generally and are promulgated by an
organization which is a recognized national authority
for such code or codes.
SECTION SEVENTEEN: Fees and Contributions.
Buyer
shall pay and contribute the following to the Village:
.
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A.
B.
- 27 -
Any and all costs, expenses and fees, as and when
-
customarily charged by the Village for building per-
mits, connections and tap-on fees and user charges for
water and sanitary sewer service and all other fees
and charges customarily ,charged by the Village as they
now exist and as they may be amended from time to time,
provided that if the fee or charge is of a type not
currently charged by the Village, such fee or charge
shall not be applicable to the Annexed Land if such a
fee or charge is not generally applicable to industrial
property in Northeastern Illinois, and the Buyer presents
evidence thereof to the Vill~geBoard.
The Village agrees that fees for plan rev~ewf T-V inspec-
tion'of sanitary sewer line~ and field inspections
required under the Development 'Code shall be billed at
rate of $25.00 per hour per person doing such work for
the Village, but shall not exceed 1-1/2% of the amount
posted by the Buyer as public improvement completion
guarantees under the Development Code for the Annexed
Land being developed.
The Buyer ~grees that to cover
.
such fees that Buyer will place 1% of the amount posted
by Buyer as public improvement completion guarantees
under the Development Code for the Annexed Land being
developed in an interest bearing bank account in a bank
of the Buyer's choice into an qccount in the name of the
Village.
The Buyer shall be allowed to us~ the balance
in such account as a compensating balance account in such
bank.
The Buyer agrees that the Village may withdraw
quarterly from such account any amounts the Village bills
Buyer for such Vill~geservices. .If at any time the
amounts in such bank account are insufficient to cover
such bills, the Buyer shall pay the Village the deficiency
not to exceed 1/2%.
If there is an excess in such account
after all fees provided for in this Section have been paid,
the excess shall be returned to the Buyer.
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C~
Buyer shall donate a four-acre contiguous parcel of the
Land shown on Exhibit Q attached hereto and incorporated
herein by this reference at the time the Village annexes
the portion of the Land annexed after the annexation of
the Second Phase Property.
The Buyer shall deed such
parcel to the Village before or simultaneously with the
Village's annexation of the portion of the Land annexed
after the annexation of the Second Phase Property.
The
Buyer shall convey to the Village good and marketable
title to the portion of the Land shown on Exhibit Q in fee
simple, free and clear of any and all rights of any party
in possession, liens, encumbrances, restrictions, covenants,
rights-of-way, easements and of other restrictions or like
matters except those which the Village agrees to accept in
its sole discretion and except the following:
I.
General real estate taxes and assessments not yet due
and payable at the date of conveyance, which taxes and
assessments shall be pro-rated to said date;
2~
Matters set forth on the title report for the Land
..
dated April 26,1979 from Chicago Title and Trust
Company as exceptions numbers 5,6, 8, II and 15;
3.
Provided such easements pertain to the parcel of
Land shown on Exhibit Q attached hereto, easements
,granted within the easements identified in the title
report for the Land dated April 26, 1979 from Chicago
Title and Trust Company and easements dedicated or
, granted on any subdivision plats approved for the
Land;
4.
This Annexation Agreement;
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5.
-- 29 -
Covenants and restrictions placed on the Annexed Land
by the Buyer which apply generally to the Annexed Land
provided, however, the Buyer agrees to the following
with respect to any such covenants and restrictions:
a.
The Buyer shall include in any such covenants and
restrictions a provision that the portion of the
Land shown on Exhibit Q hereto may be used for
municipal buildings including, but not limited to,
a Village Hall, Police Station, Fire Station and
any and all other buildings necessary for the
implementation of municipal services¡
b.
The Buyer hereby agrees to allow outside storage in
the parcel of the Land shown on the parcel of the
Land shown on Exhibit Q provided such outside stora~
is properly screened;
c.
The Buyer agrees not to include any provision in an~
such covenants 'and restrictions which would prohibi'
or preclude the use or development of the parcel of
the Land shown on Exhibit Q with a municipal build-
d.
ing as provided in this Section Seventeen C5a;
The Buyer hereby waives any right or requirement in
said covenants or restrictions which would limit th~
Village's right freely to convey said four-acre
parcel and hereby waives and relinquishes any and
e.
all rights of the Buyer to repurchase such parcel.
The provisions of this Section Seventeen C5 shall
be for the benefit of the Village only and shall
not inure to the benefit of the Village's successor
owners of record of the portion of the Land shown
on Exhibit Q hereto.
. --. -- - ----
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D.
If requested to so in writing by the River Trails Park
District by May I, 1980, the Buý'er agrees to dedicate
an easement to said Park District for a jogging
- -
and bike path in the approximate location shown on Ex-
hibit R attached hereto and incorporated herein by this
reference.
If the River Trails Park District fails to
so notify the Buyer, the Buyer shall notify the Village
by May 10, 1980, in which case, the Village shall have
until 30 days after the date of such notification to
request the Buyer in writing to dedicate such easement
to the Village.
If so requested, the Buyer shall dedi-
cate said easement to the Village.
If neither said
, --
Park District or Village requests such easement as
provided herein, the Buyer's obligation to dedicate
said easement shall terminate.
The Buyer shall construct and install such jogging
and bike path in connection with each phase of the
development of the Annexed Land and shall dedicate an
easement therefor to said Park District or the village,- if
required, at the completion of such construction and instal-
,
lation of such jogging and bike path in each phase.
If
dedicated, said easement shall be maintained by the entity
to which it is dedicated.
The Buyer may relocate the jo~ging and bike path from
its approximate location shown on Exhibit R hereto, at the
Buyer's expense and to a location reasonably acceptable to
the entity to which said path is dedicated, if such reloca-
tion is necessary in connection with the development of the
Annexed Land or the construction of the jogging and bike pat:
"'1
...31-
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The easement granted herein shall be non-exclusive.
The Buyer agrees not to grant any other easements which
will substantially affect the use and ènjoyment of the
jogging and bike path.
Any easement granted by the
Buyer for other than the jogging and bike path shall
include a provision requiring such easement holder to
repair and restore the jogging and bike path iflt must
.,,- - be disturbed by such easement holder.'
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SECTION EIGHTEEN:
Public Improvement Guarantees.
The
Buyer agrees to provide the Village with -the guàrantees required
under the provisions of Section l6.3llC of the Development Code of
the Village of Mount Prospect.
The Village agrees to accept a
letter of credit for the improvement completion guarantee required
under said Section provided the form'of such letter of credi~ is
acceptable to the Village Attorney.
The Village further agrees
that the amount of such letter of credit may be reduced on a pro-
rata basis as construction proceeds.
,---.----.------------..------------ -,----------.,.------------..-
SECTION NINETEEN:
Water Supply.
The Buyer agrees that,
eXèept for the irrigation system, the water supply service used
,
on the Annexed Land will be the water supply service provided by
the Village, so long as such service is available to the Annexed
Land.
Development Standards.
The Buyer
, SECTI'ON 'l'WENTY:
agrees that the following development standards shall apply to
the development of the Annexed Land in addition to the provisions
of applicable Village ordinances and in the event the development
standards set forth herein impose greater requirements than are
required under applicable Village ordinances, the development
standards set forth herein shall apply in lieu of the less re-
strictive provisions of applicable Village ordinances:
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A.
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Set Backs.
1.
-
All buildings located on any lot located on the Annexed
Land shall be set back a't leaê'tfi,!:'tY (50) feet from any
lot line which abutsqr.:i.ê iIIU11~clJa't~ly adjacent (not
separated by a public right-of-way) to property zoned
or used for residential purposes.
2.
All buildings and parking shall be set back at least
fifty-seven (57) feet from the south line of the
existing thirty-three (33) foot right-of-way along
Kensington Road.
3.
Parking areas on any lot located on the Annexed Land
shall be setback at least forty (40) feet-from any
lot line which abuts or is imm~diately adjacent (not
separated by a public right-of-way) to property zoned
or used for residential purposes.
4.
Except as may otherwise be provided in this Section,
all buildings and parking areas shall be set back at
least forty (40) feet from the front line of each
lot located on the Annexed Land provided, however,
that such buildings and parking areas may be located
not less than thirty {30} feet from the front line
of any lot which abuts a street which because of
curves, angles or other similar deviations makes
compliance with the forty (40) foot set back not
feasible.
~,
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5.
All buildings and parking areas or lots located on
the perimeter of the Land, except as may otherwise
be provided in Section Twenty Al and 2, shall be set
back at least forty (40) feet from the perimeter
of the Land.
6.
Except as may otherwise be provided in this Section,
each building shall be set back at least thirty (30)
feet from each side lot line of each lot located on
the Annexed Land.
7.
Except as may otherwise be provided in this Section,
each parking area shall be set back at least ten
(10) feet from each side lot line of each lot
located on the Annexed Land.
8.
Except as may otherwise be provided in this Section,
each parking area of each lot which is not located on
the perimeter of the Land shall be set back at least
'_h_"~__~-
ten (10) feet from the rear lot line of each such lot.
~~-.,...,.---,-----' '..'h"_,-__'~'-"-"
B.
.. Fence.
The Buyer shall maintain a fence on the Annexed Land
the location shown on Exhibit S attached hereto and
incorporated herein by this reference.
c.
Landscaping.
The entire perimeter of the Annexed Land will consist
of landscaped berms or landscaping, or both,-to pro-
vide visual and-noise barriers -from the surrounding'
residential areas.
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SECTION TWENTY-ONE:
Special Assessments and Special
, Districts.
In consideration for the agreement of ~e Buyer to ~er-
form the construction described Ìlereinrelai:ing to utilities and
~ublic im~rovements on the Annexed Land, the Village agrees that
during the term hereof it will not levy any s~ecial assessments
against the Annexed Land for on or off-site im~rovements or include
the Annexed Land within any s~ecial service district for on or off-
site im~rovements and agrees that exce~t as ~rovided in this Agree-
ment the Buyer will not be required to construct or ~ay for any
utility facilities or ~ublic im~rovements on the Annexed Land other
than those s~ecified herein.
SECTION TWENTY-TWO:
Obliqations and Riqhts of Trustee
and NI-Gas.
The Parties hereto understand and agree that the
Trustee and NI-Gas shall have no obligation to construct and
install or to ~ay for any of the ~ublic improvements the Buyer
has agreed to ~rovide in connection with the develo~ment of the
Annexed Land, or to donate or dedicate any. land which the Buyer has
agreed to donate or dedicate under this Agreement or otherwise, unless
NI-Gas elects to assume this Agreement as provided in Section Twenty-
.
Three.
SECTION TWENTY-THREE:
Applicabilitv of Provisions of
Aqreement.
Except as provided herein, the agreements and require-
ments contained in this Agreement shall ap~ly to the Land only as
and when portions of the Land are acquired by the Buyer from the
Trustee pursuant to the exercise andclos~ng of the option granted
in the Option Agreement, and shall not affect or bind the Land or
the Trustee or NI-Gas with regard to portions of the Land for which
the Buyer does not exercise and close its option to purchase; pro-
vided, however, that if Buyer's option to purchase under the Option
Agreement expires or is terminated without the Buyer having exercised
its option to purchase all of the Land, then NI-Gas'may, at its optio
(but without obligation so to do) assume the rights, duties and
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35. ..
~bligations of the Buyer under this Agreement provided NI-Gas
-
,serv~s written notice on the Village Manager within sixty (60)
days after Buyer's option expires or is terminated, and annexes
the then remaining unannexed portion of the Land to the Village
in ,accordance with the procedures set forth herein, within
sixty (60) days after the date of such notice or within such
further time as may be agreed by the Village and NI-Gas.
SECTION TWENTY-FOUR: Term and Am~ndments.
The
term of this Agreement shall be ten (IO) years from and after
the date hereof, as provided by statute.
This Agreement shall
be binding upon the parties hereto, the Annexed Land, and the
successors and assigns of the parties hereto.
This Agreement shall
inure to the benefit of the parties hereto, the Annexed Land,
and, except as provided in Section Seventeen CS" the successors
and assigns of the parties by written recorded instrument, pro-
vided that the Buyer shall have no right to assign this Agree-
mentexcept in connection with conveyances of portions of the
Annexed Land.
This Agreement may be amended from timè to time
with the consent of the parties and, with respect to the portions
of the Annexed Land owned by the Buyer at the time of such amend-
.
ment, by the Buyer (without the consent or agreementqf any other
person or entity, including' other owners of portions of the
Annexed Land) and the Village.
~
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SECTION TWENTY:'F'Î~:
~nföfcement.
It is agreed that the
, ,
parties hereto may in law or in equity, by suit, action, mandamus,
or other proceeding, including specific performance, enforce or
compel performance of this Agreement.
In addition to all other
remedies that may exist, either in law or in equity, Buyer may,
upon the occurence of a default of any of the provisions of this
Agreement by the Village, which default continues for thirty (30)
days after notice specifying such default is given to the Village
by the Buyer, petition the Village for a disconnection of the
Annexed,Land, and the corporate authorities of the Village shall
. .
- . .
forthwith adopt an ordinancecdisconnecting the Annexed Land
from the Village except that portion of the Land previously
annexed to the Village described on Exhibit A hereto.
If the
Village shall fail to adopt such an ordinance, the Buyer
or its successors in title shall be entitled to the judicial
entry of a mandatory injunction to compel-the Village to ef:Eect
a disconnection of the Annexed Land.exceptthat portion of the
------:.... -----' ..co . -. -_...~ -.--' --- - ..-- -.- ,-
Land previously annexed to the Village (~ê._SlE;,s<;:E~bed. on Exhibit A
(._,.,---_...__._._-'-'_.._---~~~ ---------.'-""-..- . ..----...-.---,.-., ..- -'.. -- '- .
hereto. ~ !=;ECTION TWENTY-SIX: Village Official Title Changes.
----- ------
If any of the titles of Villaae officials referred to in ,
.
this Agreement are changed or the positions of Village officials
identified herein are eliminated during the term of this Agreement,
then the Village official who assumes the duties and functions
c>
formerly performed by such Vi~lage official shall be deemed to be
the Village official referred to herein.
SECTION TWENTY-SEVEN: Exculpation of Trustee.
This
Agreement is executed by American NationalcBank and T~ust Company of
Chicago, not personally, but solely as Trustee as aforesaid, in
the exercise of the power and authority conferred upon and vested
in it as such Trustee.
All the terms, provisions, agreements and
covenants to be performed by the Trustee are undertaken by it solely
as Trustee as aforesaid, and not individually, and no personal
liability shall be imposed or enforceable against American National
Bank and Trust Company of Chicago by reason of any of the terms,
provisions, or statements contained in this Agreement.
- 37 -
ð A
IN ì'HTNESS WHEREOF, the parties heretL ~jve cau~~?..,tjlJ~
. "Agreement to be executed
¡'
above written.
VILLAGE OF MOUNT PROSPECT
....
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ATTEST:
BY:~
Its: V1I age lerk '
AMERICAN NATIONAL BANK AND TRUST COMPAN~
OF CHICAGO, as Trustee as aforesaid
BY:-
, Its:
ATTEST:
BY: ~
Its,: _ASSISTANT ££CRf.I:'.RY ,
RAUENHORST CORPORATION
'BY:
Its:
ATTEST:
BY:
Its:
NORTHERN ILLINOIS GAS COMPANY
BY:
Its:.
ATTEST:
.
;
BY:
Its:
"
.:
, - ---- .. '"
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-37-
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HAUENHORST CORPOHATION
, ,
BY, I!~~
ItS:Vicif~-4~¿~~
ATTEST:.
--'d-'
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BY . ~.;>::~V~--. I
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It ( ".//'!, Q
s:. /~?:C--v.'>: ~ . - ...~~~
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NORTHERN ILLINOIS GAS COMPANY
BY:
Its:
ATTEST:
BY:
Its:
.-
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.
, ,
IN WITNESS WHEREOF, the parties hereto have caused this
..",,'C-'.'" "'.'/'". ,-.
Agreement to be executed .Q.~the;dãy~~êlyea.rflršta.bove written.
VILLAGE OF MOUNT PROSPECT
BY:
Its: '.
, , ' , '
, , , , - , ' ' , , ' ,
, , ' - ,
ATTEST::
, BY:
Its':
Village: - Clerk'
AMERICAN'NATIONAL BANK AND TRUST COMPANY
,OF CHICAGO,. as Trustee as aforesaid
BY:
Its::,
, , ' , , -
ATTEST ~ '
BY:
Its:;
( ,
,RAUENHORST' CORPORATION'
BY:
Its::
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ATTEST :,
BY:'
Its:
NORTHERN ILLINOIS- GAS; COMPANY
BY~ ~.~~-
Its: 'Viéè presî'd'e'ñt " .
ATTEST:
BY.~~'
, Its:' Assistant' ecretary .
! .
"
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, .
STATE OF ILLINOIS)
)
COUNTY OF COO K )
I, the undersigned,. a Notary Public, in and for
the County and State aforesaid, DO HEREBY CERTIFY that
Thomas L. Fisher, personally knoWn to meta be the
,Vice President of Northern.. Illillois Gas. Company, an
Illinois corporation, and. David C. Shurr, per-
sonallyknown to me to be the Asst. Secretary of said
corporation, and personally known to me to be the same
persons whose names are subsqribedto the fo;J:'egoing instru-
ment, appeared before. me this. day in person.. ahd severally
acknowledged that as such Vice President and Asst.
Secretary, they signed and delivered the said inst~ument as
Vice President and Asst. Secretary of said corporation,
and caused the corporate seal of said qorparation to be
affixed thereto, pursuant toautho;J:'ity, given by the Board
of Directors of said corporation as their free and voluntary
act, and as the free and volgntary act and. deed of said
corporation for the uses and purposes therein set forth.
day of
GIVEN under. my hand and
May,1980.
notarial seal, this 5th
~ ~.?-
~~ry l'ubl c-<--1-
My Commission Expires
April 25,
, 19~.
ø
, ,
..
~
::nl\.TE OF ILLINOIS
)
)88.
)
COUNTY OF COOK
"ACKNOWLEDGEMENT
. ,
I, /?;-7,A!J/ C J /J 4. ,4/(:;...L EJ, the undersigned, a notary public in and
for the County and'State aforesaid, do hereby certify that Carolyn H. Krause,
personally know to m~ to be the President of the Village of Mount Prospect,
a municipal corporation, and Carol A. Fields, personally known to me
to be the Village Clerk of said municipal corporation, and personally known
to me to be the same persons those names are subscribed to the foregoing
instrument, appeared before me this day in person and severally
acknowledged as said Village President and Village Clerk they executed
said instrument as Village President and Village Clerk of said Village of
Mount Prospect and caused the corporate seal of said Village of
Mount Prospect to be affixed thereon, pursuant to the authority given by
the Board of Trustees, of said Village of Mount Prospect as their free and
voluntary act and as the free and voluntary act act of said Village for the
uses and purposes therein set forth.
Given under my hand and notarial seal this 2nd day of May, 1980.
()~ .¿I ~k'
Notary Public; -£
My Commission Expires: y - / c;;- - f' 3
(Seal)
.1:1
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STATE. OF ILLINOIS: )
)
COUNTY OF: c: 0' cr'Ie ),
. r,. the: undersigned, æ Nota.J:Y PubLic: in- and. for
said. County,. in: the. State: a~o~esaid,. DO HEREBY CERTIFY,. that
'rr-:i1feEa-t9T Jhelatf ,..' ~ECOND Vice President, of ...
American National. Bank And-!:r;:q.~t-Company Of Chicago', and.
). Cr. fSlHLtJl r 7\SSTSTÞNT- S'ecretary of said. Bank,.
who. ar~ personally known. tame:.. to be the: same- persons, whose
names: 'are- subscribed. to' the ~p~g: instrument, as.~ such
? \liECO,NQ Vice" President,. and.."1!\!šSl~ANT Secretaq,. res.pectiveIy"
appeared before~ma. 1:h.ì.s,day in person: and. acknowledged. that
they signed and: de-l.:Lvered the saief. instJ:ument. as their own.
free and voluntary- act:: and as¡, the free and. vo1.untary act of
said Bank,. as; Trustee: as. aforesaid,.. fQ.+=-_~es and.. pur-
poses. therein:. set forth¡- and the s'aid.p.SS1SíANT:' Secretary then.
and there- acknow1.edged: that: he". as custodian of the corpox::ate
seaL. of said. Bank,. did. affix: the corporate' seal. of said Bank
to~ said. instrument as his:owm fJ:ee and voluntary- act and.- a$
the- free and:. vo1.untaryact of ,said:. Bank,.. as ':Crustee: as:
aforesaid" for thee uses. and purposes therein; aet fo:t;:th_.
,.. ,.GI.VEN:. under my han~ andi notarial.. seal,. this
day of'~ßV P- '980 ,. !9aŒ- " ' '
'~¡),.l3crt~
NotaJ;y E~J.ic.
_.~-.. .. '.
My- CommissioIL: EXpires
'My commission expires A'ugusf 16. 1983'
. r ,L9:-~-
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STArE OF MINNESOTA)
, ' \ ,.. ' ) ss
COUNTY OF HENNEPIN)
I,
Judy M. Schmitz
, do hereby certify
that
Robert C. Perkins
, personally known to me to be the
Vice President
'of
Rauenhorst Corporation
, a
Minnesota
corporation, and
James L. Tucker
, personally known to
me to be th'e Assistant Secretary
of said corporation, and personally
known to me to be the same persons whose names are subscribed to
"
the foregoing instrument, appeared b~fore me this day in person and
severally acknowledged that as such
Robert C. Perkins
and
James L. Tucker
, they signed-and delivered the said
instrument-as
Vice President
and
Assistant Secretary
of
said corporation and caused the corporate seal of said corporation
"'-
to be affixed thereto, pursuant to autho~ity, given by the Board of
Directors
of said corporation as their free and voluntary
act, and as the free and voluntary act and deed of said corporation,
for the uses and purposes therein-set forth.
Given under my hand and
official
seal, this
5th day of May, 1980
Commission
expires
January 31, 1987
'----'- '-"""-'~'~~-~~'~'~'~~",'
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( SEAL)
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EXHIBITS'
" ExhÍ.b:i.t A - LegaL Des,cription' of the Land
Exhibi.t B. ~'Beneficia~ OWner' s-.Sta.tement- and. ' DiJ:ection
, ,
EXhibi.t c; - LegaL Description: o£ Second; Phase:- Property
Eyh-ibLt ]X - P-e.ti:tion: for Ann~xation: of Secon:èt Phase property
Exhib,:i.t Et - E'Ià:t: of Annexa:t:i.on; fer S'econèf. Phase propeJ:::.tT
Exh:ibi.t F-- O~fTTanCE!:; Annexing:; S'econå. Phase :2roperty:
, . , 0
Exhibì.t (;',-'" Ordinance ~on.ing; S:e.conèE Phase PropeJ:i::y"
~ ' '
Exbibít it - Orrr-in'anc~ G:ran.~$ Varf.atio,ns
Exhibi.t. J: - DiaqJ:aJIr of Gra~g-:rS:to.rm: Sewer and. D"etennon Ponds.
, Exhi.b.t.t ~ "'"'!' Orãf.nanc~ GJ:an:t::i~g; Variations fJ:onr the: De.veJ:opmen.t Code-
" , '
Exh.ihì.t Ie - I!~g.¡..~- of Ihte.z:s.ac.ti.on:' - ~avements:.
Exhi.b:Lt L.., - F'inæ.t.. Subdi..v:tgOzr. JE:aj:::;;., fox:: Second Phase Property
. -
. "' -- .
Ëxhf h-i::~, f.£ -- !Ji.a.q:ann. of. , S"atd.1:aJ:::T 5"ewex:s and: Water Ma:b1s
, '
-
RYhtbtt ~ -"Diaq:ram:;, of Ri.ghts-o£-Wa.Tr- 5tJ:eetsr 5.idewa-Iks.,. S:tree:e
': '. -,'" .) ~lI.t::i:.n<;' æ:ræ. Landscap'ing;, '.' . - "
. - ,- --', ' .
~r;+1;+i::. œ '.:.... Ràuenño~'Le:t:.i:ei:- ta ma!]!" dated. Auquai:: T" a~
'-. "',,'---'.. ,-,'.-.:_,..>----,,<----.. -",' ..' .
, ~ft+'hf't Jæ.';::q¡Q'.t; I:;~ tot. 'F~'n~1th~ dat.æ A~gt1st ~œ~ a7~
EX1T+~~i=F (X- ':"~:f;~~=-~"~.'t~;-~~'~~~'ta t1Ié V+TTdqe -
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EVn-;;htt: Æ - :r;oCa.t:fom. of - .r:~ 'and!;, Rike E"a:.tm-
, -. ' ' - . .
~h-;:htt: $. ~- u.£a.g,J2miI. of Zence: :r;o~fore-.. " ..
, - - -
. --
- Exh:t.b£t 'F' - Ráuenhors.:t::La~é~ ~ th~- ViI.!!!-g,e' da1:eœ MarCh:' U r- I.3g(I;
. ' , . '- -
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~hib.í.t. tr. - ?Iam view; aEWlie'eIJ:n~/Xens.inqt:cn: SigIL .
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LEGAL DESCRIPTION OF THE LAND '
The Northeast Quarter of Section 35, Township 42 North, Range
11 East of the Third Prinçipal Meridian (excepting from said
tract of land the East5O',f~lat;.~~f,~2;; and excepting from
said tract of land that part thereof describlad,as follows:
Beginning at the: intersection,of~e South, line of the North-
east Quarter of Section 35 aforesaid" with the WeSt line of
Wolf Road. (being a line 50- feet, West of and parallel with the
East line of' said Northeas~ Quarter); thence West along the -
South line of said Northeast Quarter, a distance of 480 feet;
thence North along a line drawn parallel with, the, East line of
said Northeast Qua:rter, a distance. o£ 820' feet; thence East
along a line drawn paralleL with the South line of said" North-
. east Quarter, a' distance of 480' feet to the West line, of Wolf
Road; thence South along- the- West line of Wolf Road to the
point of beginning), Cook County, Illinois
ALSO
. The East 10' acres of- the West Half of the: Northwes.t Quarter
____n_---and the East HaLf of the Northwest Quarter of- SeÓtion35,
. Township 42 North, Range lL East of. the Third: Principal'
Meridian, Cook County', Illinois,
ALSO
The- East Half of the West Half, except the' East +9 acres
thereof, of tha Northwest Quarter of Section 35'~- Township
42 North,- Range II East, of the Third Principal. Meridian"
Cook. County" I'lLinois-
, LEGAL. DESCRIPTIONiOF PORTIONS: OF-- THE:" .
LAND P REVIOU SLY' ANNEXED' TO: THE"' VILIAGK
The West 1.80 feet of the East Z3.Q~ feet lying No.r~ of the South: '
820' .,0 feet of the Northea~1:: quarter,: Section' 35;, ToWnship 42
,N0r~Ra~' 12: East of the Third, PrincipaL Meridian,
. AND
The North: 50': feet of' Sec"tÌ9:!:1', :3'5, Township, 42.. North, Range II
East of the Third Principal. Meridian: except the' East 230' feet
thereof and excepting; therefrom- that land lying West of' tha
southerly extension of the Eas:t lina: ,of Lot 35a: in. Brickman.
Manor,. First Addi.tion, unit t3:~S:abdi.vision. .in: part: of tha
Southwest quarter of S'ection 26r Township: 4,2: North, Range' II,
Eas:t, of the- Third:PrÌ!lcipa1.. Meridian'l' according-. to; the- plat
thereof recorded May Il.r 1960'1' as: document No. 17852224.
EXHIBIT A:
4'
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,
STATE OF ILLINOIS
}
)
}
SSe
COUNTY OF COO.K
BENEFICIAL OWNER'S STATEMENT AND DIRECTION
, ,
The undersigned, after first 'being duly sworn, on oath-
states as follows:-- :'~"::~:'~_':-.~' -., _':_':-~--:"_;C_d_""
- . ., .'",.. ..
., ". .
, ' - -" -" - , , - 'u .
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1. I am a Vice President of' Northern Illinois Gas c-:
Company, an Illinois corporation, the beneficial owner of;,':-
the tract of real estate desc!:,ibed in Exhibit A hereto, :'- ,
which real estate is located in Cook cou~ty,O Illinois (here- .
inafter referrred to as the "Subject Property"). " ,
u u- -
- -
, - -
,- - -, -" - '
2. 'rhe S1)bject ~;.Æ is the s1)bject of an Annexa-
tion Agreement,-dated - -- _O~r 1980 ,by - and between-.----
American National Bank an rust Company of Chicago, as ' ,
Trustee under the provisions of a Trust Agreement dated'
February 10,1979 and known as Trust ~o. 45771; Rauenhorst
Corporation, which has an option to purchase the Subject
Property; and the Village of Mount Prospect, an Illinois
municipal corporation located in Cook County, Illinois
(hereinafter referred to as tl1en@A~aJ:.:iOI1:Agreement n) .
3. On behalf of Northern Illinoit:; C:;ëlt:; Company, I
authorize and direct American National Bank and Trust Com-
pany of Chicago, as Trustee under Trust No. 45771, dated on
February 10,1979, to execute the said Annexation Agreement
and any and all related documents and ex:hibits to- the_said'
Annexation Agreement on behalf of the Trust~
-, \øw~/' f?¡ft-
Vice President
Northern Illinois Gas Company
Subscribed and Sworn to
before me this ,~ day
of /J1~ . Z-
~ð1'JA. '
Notary Public -
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LEGAL DESCRIPTION OF THE LAND .
The'Northeast Quarter of Section 35, Townsl1ip 42 North, Range
11 East of the Third Principal Meridian (excepting from said
tract of land the East .-- 50 feetth.~J::"eo:E; and excepting from
said tract of land that,'pari:t:hêreof described as. follows:
Beginning at the intersect'ion of the. South line of the North-
east Quarter of Sectionc35 aforesa~d" with the West line of
Wolf Road; (being a line- 50. feet- Nest of and parallel with the
East line' of' said Northeast Quarter)¡ thence West along the -
South line of said North~ast Quarter, a distance of 480 feet;
thence North along- a line: drawn p'aralle1 with. the. East line of
said Northeast Quaxter, a distance. of 820 feet:; thence East
along: a line drawn parallel with the SO1,lth line of said..North-
east Quaxter, a- distance- of, 480 feet to the West, line: of Wolf
Road; thence South along- the.. West line: of Wolf Road to the
point of beginning), Cook County, Illinois.
ALSO
. The East 10, acres, of: the West Half of the- Northwes.t Quarter'
and the'East-Half-of the Nprthwest.Quarterof-Section 35,
Township 42 North" Range- 11.. East of the- Third Principal. -
Meridian, Cook County, Illinois- .
ALSO
The- East- Half of the' West Hall, excep,t the East 10 acres'
thereof, of the: Noxtbwest Quarter of Section 35, Township'
42 North,. Range: l~ Eas.t, of the Third Principal Meridian,.
Cook County,. Illinois- '.
LEGAL. DESCRIPTION! O~ PORTIONS; OF THE" .
, LANIY PREVIOUSLY ANNEXEJj:TO' THE' VILLAGE":'
The. West: 18O,. feet O;E the E~s:1=: 230. feet lying North. of the South.: .
820., a feet: of the~ Nor.tþeas"t:: quarter, Section- 35',. Township. 4-2
. N0;'t't;h.,-Rañ.~ 12 East of the Third Principal Meridian
AND:.
The: North: 50 feet of Section'3S, Township 42:, North, Range 11
East- of the, Third Principal Mer:i:di:an: except.the'East 230 feet
thereof and excepting' thereftom: that. land lying" West of the.
southerly' extensiaIL 0.£ th.~ Eas't li.rlE::. of.' Lp't., 350: in: Brickman
Manar,.- First" Addition" unit ¥3'~s-ubdî.vi.sion.ìn: part'of the:
Southwest quarter of Section 26, Township: 4:.2: North,- Range llr
Eas:t of the Third. Principa'~ Meridian,. accordîng: to, the: plat
thereof recorded May ll,. 1960'r as' dac'UI11ent No. 17852224.
EXHIBIT A
4
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LEGAL DESCRIPTION OF
SECOND PHASE P-ROPER~Y
,
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,
,
That part of the Northwest quarter of, Section 35', Township 42
North, Range 11 East of the Third1?J:~.pçipal Meridian, described
as follows: Commencing at the Northwest corner of said North-
west quarter; thence South 89 degrees 43 minutes 52 seconds East
.along the North line of sa~g Nqrth"-TE:êt. quarter, a distance of
658.99 feet to the Northwest corner 6f the East, half of the West
half of said Nor.thwest quarter,. for a point of beginning; thence
South a degrees' 03 minutes: 14 seconds- West along the' West line
of said East half' of the.We.st:.J:1a1f of the Northwest quarter and
along the East line of "KENSINGTONcEN'TER" Þha.s€iörie, ä subdivi-
sion in part' of said Northwest quarter, recoiãea October 2, 1979
as document, *25173362,. a, distance, of 1,.766.22 feet; thence South
89 degrees:' 56' minutes,: 46', ::;~çÇ>.pds:East,adistance of 1,024.,99
feet,' i;:hence North 0 degrees 03 minutes 14~ seconds: East, a
distance of: 1,762.37 feet to the, North,. line of' said Northwest
quarter; thence: North: 89 degrees- 43. minu.tes 52 seconds West along
the North line of said Northwest quarter, a distance of ¡,025.0
feet, to the- point of beginning,. all, in Cook County, Illinois.
EXHIBIT."C
..
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PETITION FOR ANNEXATION
(Portion of property near Wheeling and Kensington Roads)
TO:
The President and Board of Trustees of the Village of
Mount Prospect," Cook County, Illinois.
The Petitioner, Rauenhorst Corporation, repre-
sents as follows:
I. Petitioner is the sole owner of record of the
following described tract of real estate:
That part of the Northwest quarter of Section 35,
Township 42 North, Range II, East of the Third
Principal Meridian, described as follows: Beginning
at the Northwest corner of the East half of the West
half of the Northwest quarter of said Section 35;
thence South along the West line of said East half
of the West half of "the Northwest quarter, a distance
of 1,766.22 feet; thence East perpendicular to the
last described line, a distance of 1,024.99 feet;
thence North, parallel with the West line of said
East half of the West half of,the Northwest quarter,
a distance of 1,712.37 feet to the intersection of
said line with a line drawn 50 feet South of and-
parallel with the North line of said Northwest
quarter; thence West along said parallel line, a
distance of 472 feet, more or less, to the extension
'South of the East line of Lot 350 in Brickman Manor,
First Addition, Unit #3, a subdivision in part of
the Southwest quarter of Section 26, Township 42 North,
Range II, East of the Third Principal Meridian, accord-
ing to the plat thereof recorded May II, 1960, as
document #17852224;.thence North along the extension
South of said East line of Lot 350, a distance of 50 feet
to the North line of said Northwest quarter; thence
West along the North line of said Northwest quarter,
a distance of 553 feet, more or less, to the point
of beginning, all in Cook County, Illinois
(hereinafter referred to as the "Subject Property");
2. A Plat of Annexation showing the Subject ~ro-
perty is attached hereto and incorporated herein by this
reference;
3. The Subject Property consists of territory
which is not within the limits of any municipality and is
contiguous to the Village of I-1ount Prospect;
4.
There are no electors residing on the SuÞject
Property.
Therefore, Petitioner respectfully requests that
the Subject Property be annexed to the Village of Mount
Prospect, Cook County, Illinois, by ordinance duly adopted
by the President and,Board of Trustees of said Vill.age
EXHIBIT
D
n
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,
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pursuant to and in accordance with the provisions for annexa-
tion set forth in the Illinois Municipal Code, Ill. Rev. Stats.,
1977; ch. 24 §7-1-1 et seq. --- ---
Dated:
m'
.¡
b
, 1980.
RAUENHORST CORPORAT¡ON,
a Minnesota corporation
By: I~
ATTES~
By: ~£" ~!/J
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ORDINANCE NO.
3000
AN ORDINANCE ANNEXING TO. THE VILLAGE OF
MOUNTPROS:REC~ LlUlP~Y':rNG IN' Sj::C+,:r9N35 , .
TOWNSHIP ..42 NORTH, RANGE' 11 EAST OF THE
Tf1IR!)PRIN'ÇIPAL,~g:rJ.:g~:r~ÇPQ!ÇQ~~ ,
.' ILLI.NOIS . (RAtmNHORST PROPERTY -SECOND' .' PHASE)
. -
WHEREAS, a written petition under oath signed: by all the owners
of: recgrd OJ: tbe: larid Þ~.J::'E:ifla~"têr- described, there, being no
electqrs re.sig..ing thereon,hâsbeenfITed.,with the Village Clerk
of the village, of Mount Prospect requesting that said land be
annexed, .to: the Village of. Mount Prospect;' and
WHEREAS, said land, is. not1'lj.thin the corporate limits of any
municipality', b1,lt is contiguous, to the: Village of Mount Prospect;
~d . . .
WHEREAS ~ the President aIld. Board of Trustees of the Village of
Mount Prospect, Illinois:"find~dc believe .it to be in the best
interest of tþe said:yillage that the said land and territory be
annexed: to tlJe Villager'
NOW, THEREFORE, BE: IT" ORDAINED- BY THK PRESIDENT AND BOARD OF'
TRUS,TEES', OF" THE: VILLAG~ OF MOUNT PROSPECT,. COOK COUNTY, ILLINOIS,
AS- FOLLOWS':: '
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'SECTION'ONE': That all. land and t,erri,tory: legally described as ' ,
follows', f:awit~,
, .That part, of the: Northwest q:uarter of SectiÒn 35, Township:-
42.. North,. Range fir- East of the:-. Third Principal. Meridian,
described as folloW's:: Beginning: at the: Northwest corner
of the' East: haI.f of the: West half of the Northwest quarter
of said Seccion: 35;:- thence, South: along- the- West line of
said East half of. i::h~ .'West haLf' of the:- Northwest quarter r
a di.stance: of ~".766' ..2:Zfeetithencê Ea.s-t:perpêridicular ta
the last described line-" a: distance' of 1.,024_99 feet;
thence' North,. para'lle-J: w:Lth,the.- Wê:;1;l~~~q:1: said Ea,st
half of the' West half-of the" No:r::thW'(3st quarter,. a: distance-
of 1,.712_37 feet to the.: intersection' of said. line with a:
line- drawn~O fêet, South:.of..ëlJ:ld paralle~ with the, No.rth .
line"> of said NorthWest,quårter;thênCeWês1: along- said
parallel. line" a: dis,tanc:::e:- of 4-72 feet,. more or less, to the
extensiån South:- of the:- East line- of Lot 350 in Brickman
Manor,. First Addi tìoI'l.r- tfnItt:3,,&s:UbãÎv:f.siôn' iIi, PaJ:t of
. the: Southwest quæ::ter of Section 25,. Township 42 North,
Range: II, Eas.t of the: Third Erincipa~ Meridian, according-
to the plat thereof recorded May I!:,.. 1960,. as document
t1.7852224; . thenCe. Nor1:.l1 .ëllong the e-xi:ension South. of said
Eas-t line of" Lot 350, a distance"0.:E"!50'fêej::-:tothe .North:
line of said Northwest quarter;- thence. West along the'
North line of, said Northwest quarter-, a distance of 55'3
feet, more or less,.. to the point of beginning, ail in Cook
County, Illinois'..
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.¡an accurate map of which tièf'fit:9Z:Y is attached hereto and made
a part hereof by this reference, be, 'and the same hereby is,
annexed to- the Vi.llage'o:J! Mount Prospect, Cook County, Illinois.
. '
SECTION TWO: The Village Clerk of the Village of Mount Prospect
is hereby directed to reco~d in the offices qf the Recorder of
Deeds of Cook, County, Illinois, and to file in the offices of
the County Clerk of Cook County, Illinois, a copy of this Ordi-
nance, together with an accurate map of the 'territory annexed.
SECTION THREE':- This' Ordinance' shall. be:' in full force and effect
from and after its. passage and- approval in the manner provided by
law..
. Passed thi..s~
6th . day of
May
r 1980.
AYES:- - "Farley ~ F1oros, Miller, Murauskis, Richardson, Wattenberg
NAYS': None
ABSENT:: None
Approved this,
6th
May
day of
Approved::
,1980..
Village President
Attest:--
V:tllage Clerk:.
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A
0 RD INANtÊ"'~tð '~"" :""j (j 01" ,
AN ORDINANCE ZONING T~E RAUENHORST
SECOND PHASE PROPERTY' ,
WHEREAS, the real estate hereinafter described in Section Two of
this Ordinance has ,been newly annexed tothevi.J.iage of Mount
Prospect and is' the subject of an Annexation Agreement dated
May 6th, 1980, by and between the Village of Mount
Prospect and American Na tionaT J?ank. and", Trust Company of
Chicago, a nationa~ banking- associàti6ri:;riO€.'iridividuall.y,
but solely as Truste~under a Trust Agreement dated February 10, -
1979 and known as Trust No. 4577~ and the:.. beneficiary thereof,.
Northern Illinois Gas Company, an Illinois, corporation and the
Rauenho:cst Corporation,. a, Minnesota corporation; and,
WHEREAS, said Annexãtion Agreement provides, that the Village
shall zone said rea~ estate in the I-I Light Industrial District
under the Village of Mount Prospect Zoning'Ordinance; and
WHEREAS:, a. public: hearing- on the; proposed zoning- or said rea~
estate was duly held before- the Zoning- Board, of Appeals of the
Village- of Mount Prospect on February 28, 1980 pursuant,to"
proper' legal noti.ce thereof published in the: MountP'rospect
Hera:ld~ on February l~,. 1980.; and'
WHEREAS", the-Zoning Board of Appeals: has: recommended to the,
Board o,r Trustees of the-. Village' of' Mount Erospect that afore';"
said request, known: as. ZBA-Q...Z-80, be~ granted,,- and
WHEREAS,., the: President, and J?oë:!.1:'d of Trustees: of the Village of
Mount Erospect have: determined that it wuld-beÇin. the best
interest of the:- Vi11:.age to, grant the' requested zoning-; and
NOW,.." TREREFORE:,.. BE I'r ORDAINED: BY ~"" E~SIP:EN'r'AND" BOARD OF"
TRUSTEES; OF"' TEE: ~,GE: OF" MO~ PROSPECT:'r COOK CouNTY',. ','
, ILLINOIS:',. As: FOLLOWs-.,:: ". , ' ,', '
SECTION ONK:- The foregoing- are: incorporated. herein as. findings:.
of fact by the President and Boc:t1:'ci C);~:?t~~s ,Of the V:i.ll~ge of
Mount. Erospect.. '
SECTION TWO:- Maps; lS--N" and. 19-N' of the:, zoning map' of the Vil-
lage: o£ Mount Prqspect,- Cook County,. Illinois, be r and it is '
, hereby, amended by' adding thereto. the: following described' real.
,'estate' and by c1.assilyinq the: fo.llowing described rea~ estate
i.:œ_th.~-J;=~ Lì.gh~_I!14~~p.a1. Di.strici:;'
. ' ,
That pare of the Northwest quarte.r of' Section. 35, Town-
ship. 42 North:,. Range, II East of the: ,Third: Pri'ncipal
Meridian, deso:ibed: as: follows:-.' Commencing- at the North-
westcorne.r-of~ said NortÌlw'fas;t: quarter; thence South. 89
degrees- 4-3 mìnutes; 52 seçonds,.:r=as'ta:r.ong: the' North, linec
of said, Northwest, qua:r:ter" a d:i.stance' of 658.99 feet to
the Northwest corner of the- East half of' the-. West half
of said Northwest quarter, for a point of beginning;
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thence South 0 degrees 03 minutes 14 seconds West along
the West line of said East half of the West half of the
Northwest quarter and alqng the Ea's1:~ line of.. "KENSINGTON
CENTER" Phase One, a subdivision in,p.art of said North-
west quarter, recorded OctoPE:!r 2-, 1979 as' document #25173362,
a distance of-l,766.22 feet¡\thence South 89 degrees 56
minutes 46 seconds. Ea.st, a distance of 1,024.99 feet;
thence, North' 0 degrees.. 03 minutes 14 seconds East, a
distance-of ~,762.37 feet to the North line of~ said North-'
west quarter-; thence North 89 degrees: 43 minutes. 52 '
seconds West along the- North line: of said Northwest quarter,
a distance.- of 1,025.0 feet to' the point of beginning-, al~
in Cook County" Illinois...
(hereinafter referred to as the "Subject Property{1} .
SECTION SIX: This' Ordinance shall be in full force and effect
from and after itspassa.ger a.pÏ?rova~,. and publicatiòn in the
manner provided by law..
Passed this:
6th
May
,1980..
day of
AYES':'-~'-Farley, F1oros '"Miller, Murauskis, , Richardson, Wattenberg
NAYS: ' None
ABSENT: None
Approved thi$
6th
day' of
,1.980..
May'
Approved:-
, , ' . . . . . ' , , . , - ' ,
Viil~ge-- President
Attest::.
Vill~ge: Clerk
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ORDINANCE NO.
3002
AN ORDINANCE GRANTING SPECIFIED VARIATIONS
FOR THE: RAUENHORST' SECOND PHASE PROPERTY
WHEREAS, Rauenhors,t Corporation owner of a parcel of
property which has been,newJ,.y annexed to the Village of Mount
Prospect and which is th~ Subject of an Annexation Agreement
dated. 'May 6 - - - ~ 1980, by and between the Village
of Mount Prospect, an Illinois municipa~ corporation, American
Na tional Bank. ,and Trust Ggmpany of Chicago, a national. banking
association, not individually', but solely as Trustee- under a
Trust Agreement dated FebruarT 10,1979 and known as Trust No.
45771 and the. beneficiary thereof, Northern Illinois, Gas-Company,
an Illinois, corporation and the Rauenhors,t Corporation, and which
is- located in. the' Village of Mount Prospect, Cook County, State
of Illinois '{hereinafter referred to as the: "SUbject Property");
and -
WHEREAS, i:he: Subject Property is ,legalLy des~ribed as follows:,
- --- -,---,-----,,--_..---' ,- ---"
That part of the- Northwest-quarter- oÉSectibn,- 35 t" Town-
shï:p 42, Northr RangE::' Il East of the:. Third,Principal.
Meridian", described as follows:: Conunencj,ng at the North-
west corner of said Nori:hW§$i::quarter; thence: South 89 '
degrees: 43. minutes 52 seconds- East a,long: the" North line
of said: Northwes.t quarter-,. a distance, of. 658.99 feet to
the Northwest corner of the. East half of the: West half
of said Northwest, quarter" for a point of: beginning.;
thence: Soum, Ct degrees; 03, minutes- 14 seconds West along
the- West lint: of said: East half of the West half of the:
Northwest quarter and along: the East line of "I<ENSINGTON:
CENTER'" Phase One,. a; subdÌ.vis'ionin part of said. North-
west quarter,. recorded. October, 2,. :1979- as: document
t25-I.733,62',. -æ-. distanc~ of ,1:.,,766>..22 feet;- thenc~ South
gg; d'egrees: 55, minutes.: 4&,u s§c()nëi.s:~a,§tt,. a: distance of
1.,crZ4~.,99~ feetr - thence North .0- êlegrees. 03' minutes' 1.4-
seconds: Eastr. æ distance of' 1.,.762_37 feet ,to: the. North.
line: of said. - Northwest quarter¡- thence North: 8,9 degrees
- 43- minutes:-- 52 seconds; West along' the: North line, of said
Northwest quarter,. a: dis,tance of I.,..O25:_Πfeet to the: -
point: of' beginning-, all in- Cook CountYr :tllinois,..
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----WHEREAS;"thEi-'SÜb-j"'ë.c.t:."pröpë¡Lÿ--is-"'lòcatl=d in-the I-I. Light,
-> Industria~ District unëi.§;r:- j::he: provisions: of. the Zoning Ordinance.
of the Village' of Mount Prospect thereinafter referred to as
th& "'zonþ:Ig-- Oriiinance:"'); and:
WHEREAS:,. pecit'ioner$ ha.ve heretofore: fileë[ an application. seeking:
, variations from the' provisi'ons- .of the' zonÌflg: Ordinance:-
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A variationfroIIr Section~l.4.22O3A:o.f. Article: XXIr of,
the: Zoning- Ordinance: which,reqUiieS?- a.: .rrdIi.i.IåUni.l6.t sIze
of four acres: to permit the Subject Property be
developed with. lots of such. area that the average lot
area wilL be at; lea,st 2..7 acres, provided that no lot. may
have. an area of less; than one' acre',. and provided further,
that no, more than IO%- of the lots-~or the SUbject
Property ,or one lot', whichever Is greater, may have
an. area. of one acre. '
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2.
A variation fromSec"tioriI4.2205A of Article XXII of
the Zoning Ordinance, which requires one off-street
parking space for each two hundred feet of gross floor
area, to permit the following:
a.
One off-street parking space for each two hundred
fifty square feet of gross floor area or fraction
thereof used: for office purposes~;
One o£f-streetparkingspace for each 2,000 square
feet. ,of gross ,floor area, or fraction. thereof used
for warehouse purposes;
b.
3--
For any' portion of any building- used for industria~
or manufacturing' plant use, or for any other use,
other than office, or warehouse', use, permitted in
th~ I-I District: (i) 0.8 spaces for each person
employed'in the primary work shift op.erating in
such. portion of the building plus 0.5 spaces for
each person employed in the work shift having the.
next largest number of employees:" or, alternatively,
(iLl one~' space for-each: I, 0 a a square' feet of floor
area. or frãctio~.thereafr:whichev.er shall. result in .
the:',larger- requírerl."number' ofspac,e.5c..
A. vari:ation from' Sect:Lon 14-..26Q2B2.9: of Article: XXVI of
the: zön'ing Ordinance, wh~ch: requiresoff-sEreet parking
spaces. of. 10.t x: 20t r to permit the- development of the;
Subject Property' with off-street parking- spaces of
9 I x.: 20' ~
c..
A variation from, Secti.onl4.-,. 220SB of Article. XXI:!: of
the: zoninq Ordinance, which specifies; the number of
such: off~str.E!f:!.t:.."t:l:t1çJc parking and: 'loading spaces;
. requi..red for any portion of a btlilël.ing- utilized for
office purposes,.. sa that; ona' of£;"str'E!E!t trtJ.cJc. parking:
and. loading: space- sh~~ be- required for each 100",000;
, sqp.are feet: or fraction thereof. of floor area. .of such
portion: of æ build.ip.g u.tilized for office' purposese..
S":- A. variation from: S'ection,14..l01F' or A;ticle' r of .
the Zoning:: Ordinance to allow: occupancy of anY building
on. any lot into which the: Subj ect: Property is divided
, by mare than one. ma:i.n: .1.1fi.E!,'.~
4-
WHEREAS:,. a public hearing- was' held, on the' ..Fetit:io.neJ::ls: ...:t:'equest
for the aforesa.id. variation:;:" which request is- known; as; ZBA,7-V-8C
before, the: Z'oníng~.Bo'ardo'f ApEea~s" of th~. Vi1.J.age- or', Mount. ~~ospe.c
on Fe.bruary,,28'r'- :1.980,: pursuant toi proper notice.. published in, the:
Mount prospect Hera:ld on. February )J.,., 1980:( an<Ì:.
WHEREAS:,. the: Zoning- Board- of Appeals> has: recommendèd to the:
Building- Committee or. the: Board. pf TJ:llfitet;s-- .of the Village of
Mount Pro specttha tP E!t.i t,i..qp.g1;,'§L ~eqùeSEC fo rt:hê: aroresaid.
variations, ZBA. 7-V-80,. be; granted; and .
. .
WHEREAS',. the.: prefiident and Board of Trustees' have considered the;
Petitioner's- request and reviewed th~ recomIIÌendationsof the.:
Village o£ Mount Prospect Zoning Board of Appeals inZBA7-V-80¡ ¡
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.. .wHEREAS, the President âíia Board óf Trustees of the Village of
Mount Prospect have determined that with respect to the Peti-
tioner's requested variations, that Petitioner has satîsfied
tbe 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.of . the Village of Mount Prospect
to grant Petitioner the reques'ted variations provided that the
Petitioner-provides one parking space for each 1,500 square
feet used for warehouse purposes. .
NOW, THEREFORE., BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE' VILLAGE' OF MOUNT: PROSPECT, COOK COUNTY, ILLINOIS
AS FOLLOWS: .
.
SECTION ONE: The, recitals set forth hereinabove are- incorporated
herein a$ findings: by the President and Board' of TrusteeS- of
the. Village of Mount Prospect.
SECTION TWO~ Subject to the conditions hereinafter set forth in
SECTION THREE.- of this Ordinance'r the President and Board of
Trustees' of the. Village of Mount Prospect hereby grant the fol-
. lowing variations for the, Subject Property:
.,
~-
A variation from' Section l4.2203A of Article XXII or
th~ Zonin~ Ordinance. which req~res' a minimum lot size
of: four-acre~ to permit the Subject Property be .
developed with lots: of such: area that the- average lot
area will. be: at least 2. 7 . acres, provided that no lot
may have- an area of less; than one acre,. and' provided
further" that no more.. i;:han ~O% of the lots. of- the Subject
Property" or one- lot,. whichever is greater, may have an
area of one7 acre-- '
'2... A variat£on fronL Secnon:: ~4..2205A: of Article- XXII of
. theo Zoning' ordinance-" which requires. one: off-street
parking: space: for each two: hundred. feet of gross floor
, area,.. to:" permi.t. the following::. .' '..
a:-
One; off-stree,t parking-. space: far each two hundred
fifty- square- feet of gross: floor area or fraction
thereof used. for office purposes;
b..
One- off-street parkin~ space- for each 1,500 square:
feet: of gross; floor area or fraction thereof used
for warehouse: purposes; . ,
For any portion- of any building used for industrial.
or manufacturing: plant use,- or for any other use,
other than', office' or warehouse use; permitted in
the I-l District:: (it 0'.8 spaces: for- each-person
emp~oyed; in. the: primary work" shì£t operating in
such portion- of the bui'lcting plus 0..5 spaces. for
each_person employed, in the: work shiÎt, having the
- next largest- number of' employees-" or, a1.ternatively,
(ill one. space for each I,OOO square feet of floor
area.-or: fraction thereof,.. ..1ðZhicheV8£. sh.a.1l . result in
th~ ¿a~culatiõn of the larger r~~~d number of spacE
c-
3.
A variation from Section 14..2602B29 of, Article XXVI of
the Zoning Ordinance, which requires off-street parking
'spaces of; 10' X 20', to permit the development of the
'. Subject Prdperty with off-street parking spaces of
9' X 2G'~ .. .'.
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4.
A variation from Sectiòri l4.220SB of Article XXII of
the Zoning Ordinance, which specifies the number of
such off-street truck park~g and loading spaces
required for any portion of a building utilized for
office purposes, so that one off-street truck, parking
and loading space shall be required for each 100,000 '
square feet or fraction thereof of floor area of such
portion of a, building- utilizied for office purposes.
5.
-
A variation from Section l4.10lF of Article I of
the- zoning Ordinance to allow occupancy of any building
on any lot into which the Subject Property is divided
by more than one- maiIL- use.'
SECTION' THREE: That variations granted hereinabo.ve in SECTION
TWO of this Ordinancer ar~ granted subject to the following
conditions:' .
. \
A..
No off-site parking for any lot, in to which the Subj ect
Property is divided as shown on the Subdi't.lision Plat,
Exhibit A hereto" shall be permitted.
B..
No parking shall be- permitted on any street shown o~
the' S1Jbdi.vision Plat for the Subject Property,- Exhibit A
hereto.
SECTION FOUR: This ÉJrdinance.. shall be: recorded witlr the ~ <::ook
County Recorder' of' Deeds; or Registrar of Ti.tles,whichever is
applicable, and the variations granted herein.. and the conditions
on their grant shall be deemed' to run with. i:heSubject Property
and be bi.ri din q upon any and all heirs, successors., assigns. of .
the owner,. successor owners-- of: the Subject Property and. developers:
. and, lessees; o£.,:the; Subject Property - .
SECTION FIVR:.' If any~ of the' condi.tions~ in SECTION: THREE of this:
OrdinancE:. arè not metr satisfied,.. or are: violated on any lot into
which: the- Subj"ect Property is. divided as. shown on the- Subdivision
Plat" Exhibi.t A hereto'i~ the-.var.iations., granted herein for said
lot shalI. be- null and void and the then applicable provisions: of-
the Village' of Mount Prospect zoning- Orctinance shall be deemed
to be. in full force: and effect as to. that lot of the' Subj e~j:.
. --, -- -,.. -- Property.. . '
. ,
SECTION SIX:- That this., ordinance shall be in full force and,
effect from andaftex.:' ii:.~' passage',. approva~" and pub~ication in
the manner provided by law.., n
, Passed: thi.s: 6th day: o.f
May
,. 1-980,..
'AYES": Farley, F1oros, Miller, Murauskis" Richardson, Wattenberg
NAYS:: None
ABSENT:: None
Approved' this 6th dày of
ATTEST:
May
,- 1980.,
APPROVED:
Village President
Village Clerk
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Exhibit '¡'Storm Sewer & p~tentiQn
APPROVED:
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Design Criteria:
. STORM SEWER DESIGN - RATIONAL METHOD
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. PONDS DESIGNED FOR 100 YR, STORM
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,....., pMITS 9f pO~D TRIBUTARV AREAS. MAX. INLET TlMe-20 MINUTES (D lr\!\J1'
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ç:o R Tt:tfTI N f' ' . OUTFALL FROM PONDS NOT GREATER THAN PREDEVELOPMENT RUNOFF
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ORDINANCE NO.
3003
AN ORDINANCE GRANTING SPECIFIED VARIATIONS
FROM THE DEVELOPMENT CODE FOR THE
RAUENHORST PROPERTY' ,
WHEREAS, Rauenhorst Corporation (who shall be referred to as
"Petitioner") is the owner of a parcel of property located in
the'Village of Mount Prospect, County of Cook, State of ,
Illinois (hereinafter referred to a$ the "Subject Property:t},
which is the subject of an Annexation Agreement dated
, 1980 by and between the Village of Mount
Prospect, an Illinois municipal corporation, American National
Bank. and Trust Company of Chicago, a national banking associa-
tion, not individually, but solely as Trustee under a Trust
Agreement datedF~.bruary 10, 1979 and known as Trust No. 45771
and the beneficiary thereof, Northern Illinois Gas Company,
an Illinois corporation and the Rauenhorst Corporation; and
WHEREAS, the Subject Property is legally ,described as follows:
That part of the Northwest: quarter of Section 35, Town--
ship 42 North, Range 11 East of the ThLrd Principal
Meridian, described as follows,: Commencing at the
Northwest corner of said Northwest quarter, thence-
South 89, degrees 43 minutes 52 seconds- East along the
North line' of said Northwest 'quarter, a, distance of 658_99
feet to the Northwest corner of the East half of the West
half of said Northwest quarter, for a point of beginning;
thence South, 0 degrees: 03 minutes 14 seconds West along
the' West line of said East-half of the- West half of the
Nòrthwest quarter and along the, East lin~ of "KENSINGTON
CENTER" Phase One'(- a. subdivision in part-of said North-
west quarter, recorded October 2, 1979- as document
t25173362, a. distanc& of 1,.766.22 feet; thence. South 89
degrees: 56 minute&: 46 seconds East,. a distance of 1.,024;.99
feet-;, thence- North a degrees: 03 minutes. 14 seconds; East,
a: distance of 1,.762.37 feet to the, North line of said
Northwest- quarter; thence.: North 89" degrees 43 minutes,
52 seconds West along the North line of said Northwest
quarter,. a distanc~ of' 1,025. a feet to the point of '
beginning r all in Cook Cbunty', Illinois.
WHEREAS, the Subject Property is located in the I-I Light
Industrial District under- the' provisions of the zoning Ordinance
of th~Village' of Mount Prospect (hereinafter referred to as the
,t Zoning Ordinance");, and /
WHEREAS, Petitioner hag. heretofore- f:Lled an' application seeking
th~ following variations: from the, provisions of the Development
Code- of the.' Village of Mount, Prospect.. '
'~,
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,1., A variation from' Section 16'.4 0 5F'3 of the Development
Code-to' permit storm' water de.tention pond, high",water
leveI to be located not less than twenty-five (25) feet
,- from ,b,uildings~ -. . --"
EXHIBIT J
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2.
A variation from ~ection 16.405F3b of the Development
Code to eliminate the requirement for rip rap in storm
water detention ponds to be located on the Subject
Property, provided, however, that Buyer shall provide
rip rap in the storm water detention ponds at, storm
sewer inlets. and outlets.. "
,
3.
A variation frem Section.16.4llG2 of the Development
Cod~ to reduce the- design frequency of storm sewers to
five" (5) years..
A variation from Section' l6.408AlO of the Development
Code to permit cul-de-sacs to be located on the Subject
Property to extend to 800 feet.. .
4.
5..
A variation. from Section l6.408B8 of the Development
Code to permit street and road paving without the
winter's delay provided in said Section, provided tha
weather permits, such: paving.
6. A. variation from Section 16.. 4l4Al of the Development
Code to permit sidewalks to be located on only one side
of each of the streets. to ba located on the Subject
. Property..
WHEREAS:, the Development Code: provides in Section 16.206 that
the Plan COmmission-should consider and re"Connnend to the' Presi-
dent and Board of Trustees: of the Village of Mount, Prospect whether
variations: front the Development Cede. should be granted; and
WHEREAS,- the' Plan Commission reviewed Petitioner's. requested
variations, at its. meeting of March- 12,' 1980: and, ,0 -
reconnnended to; the:: President ànd.. Boård or '.crus tees. of the.-
Village: that such variations be' granted¡- 'and
WHEREAS~r the President and Board of Trustees have considered the:
Petitioner'$request and reviewed the recommendation' of-the Vil-
lage of Mount Prospect Plan Commission r anQ
WHEREA5, the. President and Board of Trustees, of th~ Village of
Mount Prospect have. determined that it, would be in the best
interes.t of the' Village of Mount Prospect to grant' Petitioner
the requested:, variations.. '
NOW,. THEREFORE', BE: IT ORDA,.INED BY THE' PRES.I.DENT AND BOARD OF
TRUSTEES OF- THE: VILLAGE: OF MOUNT PROSPECT,. COOK COUNTY,
ILLINOIS. AS- FOLI;OW5::
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 President and, Board of' Trustees, of the Village
of Mount Prospect hereby. grant the following variations:-
1...
A variation from Section l6.40SF30f the Development
Code- 'to permit storm water detention ponè,'.high' water to be
located not less than twenty-five (25) feet from'
buildings.
~
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- 3 -
2.
A variation from Section 16.405F3bof the Development
Code' to eliminate the, requirement for rip rap' in storm I
water detention ponds to be located on the Subject
Property, pro~ided, however, that Buyer shall provide
rip rap in the storm .water detention ponds at storm
sewer iIrl:"eb~ and. outlets.. ' .
3.
A variation from Section l6.4llG2 of the Development
Code to reduce the design frequency of storm sewers to
five. (5) years'_-
4.
A variation from Section 16.408AlO of the- Development
Code to permit, cul-de-sacs to .be located on the Subject
Property to extend to 800 feet..
. .
5.
A variation from Section- l6.408B8 of the Development
Code to permit street and road paving without the
winter's delay provided in said Section, provided the
.weather permits. such paving.
6..
A variation from Section l6.4l4Al of the Development
Code to permit sidewalks to be located on only one side
of each of theo streets to be- located on the Subject
Property~ .
for a parceLo£ real estate legally described as; follows:
That part of the Northwest quarter of Section-35, Town-
ship 42 North, Range< 11 East, of the Third: Principal
Meridian,.. described as; follows,:: Commencing' at the North-
west: corner of said. Northwest quaxter¡ thence' South 89
degrees;. 43 minutes~ 52 seconds. East along-. the. North- line
of said Northwest: quarter',. a distance-of 658.99 feet to
tha.. Northwest corner of the: East half of tha West half
- of said Northwest quarter,. for a~ point of beginning;
thence Soutœ. a degrees O~ minute~ 14 seconds West along
the: West lina of said East half oftha West half of the-
Northwest quarter and. along- the East line of "KENSINGTON'
CENTER"' Phase: Dna,. a. subdivision. in part of said North-
wes.t quarter,. recorded October 2" 1979 as: document
*25173362,. a dis,tance' of 1,7'66.22- feet; thence. South. 89
degrees 56 minutes 46 seconds Eas.t, a dîstance~ of
I,024..99 feet; thence' North 0 degrees 03 minutes' 14 seconds.
East,,' a: distance of 1,7§2..37 feet -to the North line of
said NorthwestquarterT thence North 89 degrees 43 minutes
52, seconds: West along tha North lina of' said Northwest
quarter" a. distance of 1,025.0 feet to;; the: point of
beginning". alL in: Cook County'" llUnois---
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SECTION THREE: This Ordinance shall be in full force and effect
. from and after its passage, approval, and publication in the man-
ner provided by law.
Passed this
6th
day of
May
,1980.
AYES: Farley, F1oros, Miller, Murauskis, Richardson, Wattenberg
NAYS: None
ABSENT: None
Approved this' 6th. day of
May
r 1980.
APPROVED:
Village President
ATTEST:
village. Clerk
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Design Criterja:
. AVERAGE SANITARY SEWER FLOW - 1500 GAL.lACRE/DAY
. MAXIMUM MANHOLE SEPARATION - 400'
. INSPECTION MANHOLE ON ALL SEWER SERVICES
. WATE~MAIN SIZE BASED ON FIRE fLOW OF 350~ G.P.M. . 10 P.S.I.
. MAXIMUM HYDRANT SPACING - 300' .'
. MAXIMUM VALVE SPACING - 1300'
. ALL MAINLINE AND SERVICE VALVES IN VAULTS /
. GRANULAR TRENCH BACKFILL UNDER STREETS 4/1/80
. INTERMEDIATE LOOPING SHALL DESIGNED FOR WATER QUALITY ONLY
ALL flEMAINING pESIGN CRITERIA IN CONFORMANCE WITH MT. PROSPECT CODE
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. 1111111111111 rH"'S~ ~OUt-f.DARY
---- ð* WATERMAIN LOOP
. nMPQIWW ~IFT ~T '" TIO'i
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Exhibit '/'\' ~a.I1* Sewer & Watermain
APPROVED: APPftOVED;
¥UAGII 01' MY, 'IIO8PECY . llAUENIIOIIIT CORPOIIATIO!I
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Exhibit'N'Roadwav
STREETS. RIGHT-OF-WAY, SIDEWALK. AÑ6 LANPSCAP,,",a
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. ~TREET ~W1n
pesi911 Criteria:
. TEMPORARY TURN-AROUNDS AT ENDS OF PHASE CONSTRUCTION
. STREET LOW POINTS l' ABOVE FLOOD PLAIN
. MINIMUM STRE(:T GRADES-o.40% .
. ~6.12 CONCRETE CURB & GUTIER
. MAXIMUM CUL-DE-SAC LENGTH - 800'
. Au. REMAINING DESIGN CRITERIA IN
ÇONfOR~ANCE wrfli MT. PROSPECT CODE
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\.II 0 100
411180
TYp'C~L STffl:£T SECTION
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Au.¡uat 7" 1919"
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T11-f'l'Wta 1)epa:..~.1It of 1'raø890ftadolf:
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Dear Hr.. Crald..~t,
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!h8õ ~c.a: o~ ~ latest U. t1fOfold: to, rsspmui- to', your lettar- of:. July 12'"
1919;-. aDd? to:' CO4\1Q to:- you.. RaU8ø.hont'.., undersc:anding- ot;' the. eonc:lwdons-- and:
coud1daaa< asra. ta" &1: OUt ..e~ 01t: MODdaT,., July- 16',., 1919'..
t.. !&Jut 'Road.: Intar~ Ia8U..
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a); 'th&. duign: solut:iolt. d..crlbact ... St:agll!< 1. riu. full~ RaU8nhc~ac.' ~
o~l1¡at:1aa:~' .
,b)~ M1œt engixwerl1:3; chas23-- ~ b. mad. per yt:If.Jt nqua8 t: and. rø'uecl
~~ drø:f.n¡. vtn: b. tUbtd,:.tad:- lo-e- your: ra,,1,.. aDd.: at'1'~
- Th... viI!.. addn.. auch: U8U88t'.. tha:- a.a.-inch-: l8Ouatabl. lIWdi&n~ th~
1'O8Clvar taper, .i~ head. met IctUatact syst.':' ?to-. other Batura-
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, b) , }Io.. ~ vtlI:. be: 1ut:al1..t a1: th1a- da8~ '
cl '1"h8:. V1ll4- rill:. CO1IaoL t:œk; naff1= to: and: f1'O8r th. DOrth. with.
pOatach lØacl Umit:: aipia-...
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d); Barrier curb:viIl: .1i-'ft.8t* parbc£ cár8 f~ bacld.~ out ont:œ
ran.1Dstou: It th8Þ1IUld..-t881lT cøøplllX'c vest of: ~..1.1.ng'..
e) }b othar. matt81'Þ Ire contørplatect-..
EXHIBIT 0
RAUENHORST' CORPORATION..
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Aupa t T" 1919'-
Hr.. Jameat- M.. Gr3zi.anø:
Tt1inðÙ! n.part::l8Ur:: of' 'l'rau8portatio=
Pal" 'J:Wo,.
3): ~1Dat~ and' Wolf Intu..etj,oQ-;
a):.- lIIc=uttuct:!oœ v1I1: occur- when: ~ tfolE Road permit: is:: proC:U8act
, &-r: :r.as:1%2gtQlt Catar'.. '
b). b~ "mt',~ tc. part1cipata-. up- ta--- 1ta. fair ah.~ of,' t:iNÞ
~C:'of upgradinr ¡aoMcncs! aDd. .ignal4; baa ad. on; 4; curr.ntlY"
a¡raacL upon: ,.t: ole ga0!D8tt1cs.... The.. g8OMC~ wi.lJ: be, f'hul1 h.d'
during:; the month: of Auguat9"' 1919'.. II' DO. other development., 1uwe
betm: proposed, at: th8\ dJaa, lauenhorat: app1188i for ace.s., to: Wolf
Ic.act." laueuhont: v1l1.. par 100:: of the, CDS«: of; tbi..~ int.nee1:1oŒ:
1mproyament:: buect ~ the., pnn0U8~Y' agraect tJ1'O'4': g8Oal8cnC8-.,
tt ocher davaloptH..~.. U* pcopoaed. prior: eo the: app11cac1etr- for:-
aee..... to: Çfòlf Road,. 1tauanhorst:: v1l~ pay- (or a. propor'tionaca:.
- al2ar1Þ ot:. the. cosr ot: thi.1J:atan8ct!on, improvement: baaed upon, the
pr1I'rloU8'lr agreed;; upcm: ¡e.,..cnc:sr (using- customary- pract1c.~ tor
..eablli~ pTC-rat& shane withm. th. St.-tar: of Ul.inoia)...
~)l No-. 4tha:' !:mprOV&W1:1t.. &rib conC88Jtàtad'.
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PIeu.... raaporut. to': me vit~ your eonfi'r:lat:1oll:: of'" our unc!ersÞnd1ng:; of:.. ow: obl1g~-
t1cDa .. Þ result: of;. th. Julr 12: --eins'.
ThaDk.you;,. apin.. for your CCIOp-ratic1t;,1:r tha matter..
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EXHIBIT 0
. RAUENHCRST CORPORATION,
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Sèzvice Suzfle/liHp- & &Jtf/lneeziJlfj eeJ1tpaJlfl
LAND SURVEYING . CIVIL ENGINEERING. APPRAISING
950 BUSSE HIGHWAY. PARK RIDGE. fLUNOIS 60068 ,PHONE 823-7952
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Exhibit' R Recre~tlona' Pathway,
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APPROVED:
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RAUEN HORST CORPORATION: ~
DESIGH"'. aU1LDE1IS. DEVE'DP<AS""N~. cii.cAGO;..,w"¡'ee ~
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March. 13~ 198Q:~
Vlllag~ of Mount:: Prospect::.
100. Southz Emers~
Mount Prospec~ TTT; n~' 6005&
Attention.::: T"ènance B"urgha1:tt:
Re:: K'en:nngtoŒ: Center for BUSinesS!
Rentend.omFomiæ
Dear Mr-.., -B.urg bait!::.
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Pursuant' to". our d:fscuss:ion::; 01% Marcœ IZ,., 198Œ wirir respect.: to' the retention:
ponds:,. :tt::f$ omi:- firm:: b~t:f~ that: the u1:t::fmate- responsibility' for maint:~
nance: of th~ ponds; rests: w:t~the Vi'1T::tge' of, Mount l'"J:'Qs'Pec1:~ Ac:knowledg:ing:.
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your ctmcern: that:; the water qualitT, :in: the- ponds: wilL have a: direct bearing;
011:- your maintenaÌ1Ce: COS1:$,..: we' offer th~ fal1owfÌlg proposal:. in: ~rãer to:
indùce:. you... tm' aèC1!pt: these pond:s::., '
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t- .All:. sto~ wáter shaD:. be- intea:eptecf. by e:i.t:her at. catch: basint with;' sU%I1p1'
, or private.- ~r:fsca¡re: pond:: prior: tÕ=' finaL enttT ini:œ the: sttmm: sewer
syste:Dr- ('m:f.s; stemm- s~er sys1;eæ?fII <Hscbargei- direcr1.r into.' the-
sto~ wate3; re.t:ent:£om fa.,-iT;:d:es..)r '
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1:- E'aclì: ponæ. (~kesen.t:I.T severn: ro :rm nt:IIDber); ~,bave;... ~ adcH~ tOl' the
"ncn:ma:1:. ra:in-t~T'" ~ æ-. sou:c:e,of f:es& wateJ:"'suclr. tfíat: æ1rln'Îm'tIDlt tu1:n-aver '
of watervai~ w:ttt oo:ur at' reast: twœ- tœ: .t1íre~ þ!:mes per year.... J:t: iSt
. our intent::' that th:ts'SO11rO!': of 5:esfi:. water bez sba:now;r :weU.. wi:th! p'UD11J" . .
andZ conttO"Is. sa: as..: 1:(> oper<tte: autcmaEfca-ttr- rt::.ÎI1aF be",.. tha1:: æ ~-
01:'" ~g;. b.. roc.atedl suc:ñr. tliat::. mox:e: tham one poiuf; rece:ive th:ts water~
:- '!1iesewetr.s. ~ õE!!<ro~at"P.dL om.pr:t~e- ~ert:r- '!he own~h:lpr, axuf.
". mæint:enancæ. c:ost$.~ be: the repamdb£!:fJ:1: of tJi~ Iancf.. ownex:s;. ancL no.t:.
tfie- 'I,t£!Iag~' "
3"-- '!lie--~ re~' d'es£p ãepœ of the.. ¡Iond's 15e:!ar.a stat::fc: "Jate.r \dl.I:
be-four (4.11 fee!:"-
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4- The banks;, of. the pondS- w:f;;!J: De st:ab-tr;~d;: by-' ins~TTi'ng; æ: fifteen-foot: .
. w:iœstrl:PZ-'df so~ arõundtthetped:pher:T~' 'Ihe'~þ of sodl ~ tiegiD:.
at:. tlie" stade wat:er :teveL The- bæ!anc:e of the ~dom ponds a-r~
w:f::!I:.. õe seed'eæ. anc£ c:a.vex:ed:. w:ttfu sa:~ ~ a.$ a m:t:n:rmum""-
"';' '~: :'-::- ;:'-:t" ~""":':-'" .~~ .::;-:-:, ,-; :;'-':-:-','T~"'~-"
S'-~., 'me!"' i'n£t::faoiI: ~ atE the pan:d"SF ~ bet fIra~ ~E fou1: fee!:. sa,..
'as f:Ot accomit: for ~~enta:t:fom occUr:dng. durlDC ~ 'I11e-
amount: aE ~g; w£n. ce::Em accox:dSn~ W£tfu acz:sp.ted: so£I:.. eros£.am.
. preven1:1"om 2-racrl~~ ,-~.'IIiE!!! 'VctIu:me- a:!Iowed; for aecfiment::::t1::ioœ may' be-
!:1IIdtf!if- tOJ' ow: cut:rent: canstJ:Uc:t:taœ p'rO1!'o.-'4JJ1- D::fs; ~ t.hat:: shouI.dl
the- dev.e.Ioper erect: tŒ Ii'"1Irl:~ t:1rl$ voIume-,. the- deYeIot?er. w:f:IJ:. prov£dæ-
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. ,temporary sedimentation basins on private property for additional con--
.,."., struc:tion. The intent here-is that all public improvements be accepted
by the Village upon completion without delay. " '
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All buildings immediately adjacent to the proposed public' ponds will
use pond water for landscåpe irrigation.
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The ponds will be deeded to pr.ivateownership.. ~ easement shal1. be-
,granted. to the ViJ.la.ge to include ,the pond area with limitS established
by a line twenty feet outside" the design hightJater mark. An additional
easemenc:: Tor -ingress' :and -egress shan be furnished 'where' needed,., 1.and-
scapi.ns,'1!Udutenance Cie; lawn -cutting.. .tx:e~ and _~h-rubbery ca~e) shall
be:o the Tespons:Lbi.1i.ty of the pTivate. owners- '
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Illinois: Department of Transportation
Division of Highways/DIstrict 1
1000 Plaza Drive/Schaumburg~ .lIIinois/60196
August: 20, 1979 -
Permits
Kensington: Center
""-- - J.. ----
';1U~ 2: 19m!
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---,
- Mr. Joseph Clancy-
Ravenhorst Co rp oratiott'-
Suite- 32S
O'Har& Pla%~
5745 East River Rci;..
Chicaga~ I!.. 6063L
Dear Mr. Clancy-~----~-
Th1s-;. letter sh~ serve à$ a, confirmation that:. the' major issues: discussed...
in:: our: recent: meeting: at: - our office' regarding; roadway' improvements. in
Ctluj1D1ction: with- the- proposed. Kensington.; Ce1:Zter project:"y. are covered in: yo'
letter dated. August T., 1979-~
i-
Flease note.: that: marked. plans-: have been: forwarded to - your engineer-~ so tha
- , revision~ in: the-: plans; could b~ made in accorsiance. with Illinois. Departmen
of Transport:atiO11' standards-, specifications ~a.nd. policies..
Shoul.d... you. h~ anT queStion regarding this proj ect~ please'. fee~ free::
to.: c:aJ.l- Mr.. Les; Aling-..-. or my- sta£f~ at:: 312.-884-413~..
v~ trulY' yours;,.. -
Sigmund. C-.. Ziejewsk:t.
D:istrlct: Engineer
..."
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EXHIBIT P
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