HomeMy WebLinkAboutOrd 2416 04/19/1973
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ii,,,';., "",*-.","__~."",~)~F" . M LJ N I C I PAL D U I L DIN G
ORDINAN'CE NO. ,2~/~ MDUNT ~ROSPECT., ILL:.
AN ORDINANCE PROVIDING FOR THE PLANNED UNIT
DEVELOPMENT OF PROPERTIES LOCATED NORTH OF
DEMPSTER STREET and WEST OF ELMHURST ROAD
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WHEREAS, the Plan Commission of the Village of Mount Prospect did
heretofore conduct a public hearing under Case No. 72-20P on Octo-
ber 20, 1972, at the hour of 8:00 P.M., pursuant to a request for
a special use in the nature of a planned unit development; and
WHEREAS, a notice of the aforesaid public hearing was made in the
manner provided by law and published in the September 29, 1972,
edition of a newspaper of general circulation within the Village of
Mount Prospect; and
WHEREAS, the President and Board of Trustees of the Village of Mount
Prospect have d~termined that the best interests of the Village of
Mount Prospect will be attained by the adoption of the Plan Commissior
recommendation under Case No. 72-20P regarding the subject property;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That a special use permit be and is hereby granted to
allow Kenroy, Inc., or its assignees, to construct a planned unit
development upon the following described property:.
Kenroy's Elmhurst-Dempster Subdivision, being a
subdivision of Dart of the East 1/2 of Section 14,
Township 41 North, Range 11, East of the Third
Principal Meridian, in Cook County, Illinois,
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which plat of subdivision of the subject tract is attached hereto andC
made a part hereof as Exhibit A; and which subdivision, in accordance
with the special use permit granted herein, shall not be resubdivided
hereafter.
SECTION TWO: That the planned unit development herein and above auth(
zed and permitted shall be constructed pursuant to the terms set fort}
in the site plan and covenants attached hereto and hereby made a part
hereof as Exhibits Band C respectively.
SECTION THREE: That the Director of Building and Zoning of the Vi1lal
of Mount Prospect is hereby authorized to issue, upon proper applicat:
such building permits as may be required for the said planned unit
development, the construction of which shall be governed by the terms
said annexation agreement, Article XXV of Chapter 14 of the Mount Pro:
pect Municipal Code (the Zoning Ordinance), this ordinance herein, an(
all other applicable ordinances of the Village of Mount Prospect.
SECTION FOUR: That prior to occupancy certificates being issued for
all of the buildings in this planned uni t development ,Kenroy Builders, II
will cause a Plat of Open Space Easement to be delivered to the Villa:
of Mount Prospect.
A. These plats shall be recorded and shall conta~n
such wording sufficient to permanently guarantee
the open space as shown on such easement in ac~
cordance with the said planned unit development
and any amendments thereto.
B. That said Plats of Open Space Easement shall
constitute a covenant running with the land
and shall be enforceable by the said Village
of Mount Prospect.
SECTION FIVE: That this ordinance together with all of its exhibits
and plans shall be recorded in the Office of the Recorder of Deeds
of Cook County, Illinois upon completion of the planned unit develop-
ment herein; and the Restrictive Covenants contained on Exhibit C
hereto shall be recorded immediately upon the execution thereof and
the passage and approval of this ordinance.
SECTION SIX: That this ordinance shall be in full force and effect
as of 12:01 a.m., May 2, 1973, and after its passage, approval, and
publication in a manner provided by law and the recording of the Res-
trictive Covenants attached hereto as Exhibit C guaranteeing among
other things: (1) the development of the subject property in accord-
ance with fue planned unit development herein; (2) the continued mainte
nance and protection of all public open space and common open space wit
the said planned unit development; (3) the right of the Village of
Mount Prospect to enforce said Covenants by any appropriate actio~ in
law or in equity; and (4) the owner shall guarantee that common owner-
ship or control shall extend to all portions of the planned unit develo
ment for a period of not less than eighteen (18) months following its
completion, which shall extend to all common open space, landscaping,
exterior maintenance, and all other exterior aspects of the development
for a period of not less than twenty (20) years; which Covenants shall
run to and be for the benefit of the Village of Mount Prospect.
AYES: +'
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PASSED and APPROVED this
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EXHIBIT C
RESTRICTIVE COVENANTS
KENROY BUILDERS, INC. (hereinafter IfKenroylf), an Illinois corporation,
in accordance with the provisions of Sec. 5.1 of the Zoning Ordinance of the
Village of Mount Prospect providing for the creation of Planned Unit Developments
and the regulation of the same, does hereby covenant with the Village of Mount
Prospect, a municipal corporation of the County of Cook and the State of Illinois,
as follows:
1. KENROY will maintain control of the Planned Unit Development
proposed on the property described as follows:
PARCEL 1
That part of the Southeast l/~ of the Southeast 1/~ of
Section l~, Township ~l North, Range 11 East of the Third
Principal Meridian described as.follows: Beginning at a
point 12 chains South of the Northeast corner of said
Southeast 1/~ of the Southeast 1/4 of said Section 14;
thence West 11.5 chains; thence. South 2.35 chains; thence
West 8.50 chains to the West line of said Southeast l/~
of the Southeast 1/4; thence South 5.65 chains to the
Southwest corner of said Southeast l/~ of the Southeast l/~;
thence East 20 chains to the Southeast corner of said Sec-
tion l~; thence North 8.0 chains to the place of beginning
(except therefrom that part of the Southeast 1/4 of the
Southeast 1/4 of Section 14, Township 41 North, Range 11
East of the Third Principal Meridian, described as follows:
Beginning at the Southwest corner of said Southeast 1/4 of
the Southeast 1/4; thence North along the West line of said
Southeast 1/4 of the Southeast 1/4 385.20 feet; thence
East 562.28 feet to a point 385.38 feet North of the South
line of said Section 14; thence South 385.38 feet to a
point in the South line of said Section 14, which is 562.0
feet East of the Southwest corner of said Southeast 1/4 of
the Southeast 1/4; thence West along the South line of said
Section 14 to place of beginning and except therefrom the
East 210 feet of the South 220 feet of the Southeast 1/4 of
the Southeast 1/4 of Section 14 aforesaid and except there-
from that part of the East 50 feet of the Southeast 1/4 of
the Southeast 1/4 of Section 14 aforesaid which lies North
of the South 220 feet of the Southeast 1/4 of the Southeast
1/4 of Section 14 aforesaid and South of the North line of
hereinabove described tract of lands) in Cook County, Illinois.
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PARCEL 2
That part of the Southeast 1/~ of the Southeast l/~ of Sec-
tion l~, Township ~1 North, Range 11 East of the Third
Principal Meridian, described as beginning at the Northeast
corner of said Southeast l/~ of the Southeast l/~ of said
Section l~; thence West 20 chains; thence South 1~.35 chains;
thence East 8.50 chains; thence North 2.3S chains; thence
East 11.50 chains; thence North 12 chains to the point of
beginning (excepting from said premises that part thereof
lying West of a line 562.0 feet East of and parallel to the
West line of the aforesaid Southeast 1/~ of the Southeast l/~,
and also excepting from said premises that part thereof lying
Northerly of a line described as follows: Beginning at a
point in the East line of the Southeast l/~ of the Southeast
1I~ aforesaid, 210.03 feet (measured along said East line)
South of the Northeast corner of said Southeast 1/~ of the
Southeast 1/4, and running thence West along a line which is
210.00 feet South of (measured at right angles to) and parallel
with the North line of the said Southeast l/~ of the Southeast
1I~ a distance of 702.09 feet; thence running Southwesterly for
a distance of 630.50 feet more or less to a point on the West
line of said Southeast l/~ of the Southeast l/~, which point .
is 313.80 feet South of the Northwest corner of said Southeast
1/4 of the Southeast 1/4), in Cook County, Illinois.
to guarantee development substantially in accordance with Planned Unit Development
Ordinance No. ~~~~ approved by the President and Board of Trustees of the
Village of Mount Prospect on +Jl;~ /'1', 1973, for a period of
eighteen (18) months following completion of said Planned Unit Development.
2. KE~KOY does further covenant that for a period of twenty (20)
years from the date of commencement of construction of said Planned Unit
of all building exteriors, parking areas, and other paved areas, and of all
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Development that it will, by contract(s), provide for adequate maintenance
open space located within said Planned Unit Development, which open space is
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defined as all of the land upon completion of construction of the said Planned
Unit Development, less residential buildings, commercial buildings, parking
areas and other paved areas.
3. That as final occupancy by tenants occur as to each stage of
development, KE~~OY will cause a Plat of Open Space Easement to be delivered
to the Village of Mount Prospect for recordation, which, by said Plat, it is
intended to permanently guarantee open space substantially in accordance with
said approved Planned Unit Development and any amendments thereto. Said Plat
of Open Space Easement shall constitute a covenant running with the land for
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fifty (50) years from the date of said recording of those coyenants and
shall be enforceable by said Village of Mount Prospect. .
~. The covenants herein contained shall run with the land for the
periods of time set forth herein. Thereafter, said covenants shall be
extended automatically for successive periods of ten (10) years unless by
a vote of the majority of the said landowners of the said property it is
agreed otherwise.
5. Nothing in those covenants shall in any way prevent alienation
or sale of the subject property or portion thereof except that said sale
shall be subject to the provisions hereof and of the Planned Unit Development
Ordinance of the Village of Mount Prospect and the new Owner shall be both
benefited and bound by the conditions and restrictions herein and therein
expressed.
6. By acceptance of these Restrictive Covenants, the Village of
Mount Prospect acknowledges that its Ordinance relating to Restrictive
Covenants has been fully complied with.
7. If the parties hereto, or any of them, or their heiL's 01' assigns
shall violate or attempt to violate any of the covenants herein, it shall be
lawful for the other parties hereto including the Village of Mount Prospect
to prosecute at law or in equity against the person or persons violating or
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attempting to violate any such covenant -- and either to prevent him or them
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from so doing or to recover damages or other dues for such violation.
8. These covenants shall be binding upon and inure to the benefit
of the parties hereto, their successors and assigns.
KENROY BUILDERS, INC., an
Illinois Corporation
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BY <e:i...
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ATTEST:
VILLAGE OF MOUNT PROSPECT, a municipal
corporation of the County of Cook and
State of Illinois
Village