HomeMy WebLinkAboutOrd 2370 08/15/1972
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ORDINANCE NO~. _2370 "
'AN ORDINANCE PROVIDING FOR THE PLANNED UNIT DEVELOPMENT OF
PROPERTIES LOCATED WEST OF BUSSE ROAD AND SOUTH OF
. ~. . , . , , , " CUARLOTTE ROAD 'EXTENDED
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WHEREAS, the Plan Commis'sion of the Village of Mount Prospect di'd herete.
fore conduct a public hearing under Case No. 72-13P on June 16, 1972, at
the hour of 8: 00 P.M., pursuant to a" request for a special use in the na-
ture of a planned unit development; and
WHEREAS, a notice of the aforesaid public hearing was made in the man-
ner! provided by law and published in the June 2~ 1972 edition 6f a news.
paper of general circulation within the Village of Mount Prospect; and
WHEREAS, the Plan Commission recommended that the development proposed
during the course of said hearing be ~uthorized; and " "
WHEREAS, the President and Board of Trustees of the Village of Mount
Prospect on August 1, 1972, did hold a pre-annexation hearing in the
manner provided by law, regarding the aforementioned request for a planned
unit development; and ""'
WHEREAS, the President ,and Board of Trustees of the Village of Mount
Prospect have determined that the best interests of the Village of Mount
Prospect will be attained by the adoption of the Plan Commission's re-
commendation under Case No. 72-13P regarding the subject property; and
WHEREAS, the President and Board of Trustees of the Village of Mount
Prospect have passed and approved Resolution No. ,19-72 authorizing the
annexation and development of the ,subject property as a planned unit de-
velopment;
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
Bertram A. Lewis, Harvey B. Lewis and J. Laurence Kleinfeld; or their as.
signees, to construct a planned unit development upon the following des~
cribed property: ' '
The South 10 acres of the Southeast 1/4 of the '
Northeast 1/4 of Section 22, Township 41 North,
" "Range 11 East of the Third Principal Meridian
, (except the West 210.0 feet thereof and also ex-
cept the East 50.0 feet thereof)
also
The South 5 acres of the North 10 acres of the
South 20 acres of the Southeast 1/4 of the North.
east 1/4 of Section 22, Township 41 North, Range
11 East of the Third Principal Meridian (except
the West 210.0 feet thereof and also except the
East 50.0 feet thereof)
also
That part of the North 5 acres of the South 20 acres
of the Southeast 1/4 of the Northeast 1/4 of Section 22.
Township 41 North, Range 11 East of the Third Principal
Meridian, bounded by a line described as follows: Be-
ginning at a point on the East line of said tract at a
point 121.89 feet South of the North line of said tract;
thence West 772.0 feet on a line parallel with the North
line of said tract; thence South 42.32 feet to a point on
the South line of said tract; thence East 772.0 feet paral-
lel with the North line of said tract to a point on the
East line thereof; thence North to the place of beginning.
(except the East 50.0 feet thereof). all in Cook County.
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A Plat subdividing the subject tract is attached hereto and made a
part hereof as Exhibit A; and which subdivision in accordance with
the special use permit granted herein shall not be re-subdivided
hereafter.
SECTION TWO: That the planned unit development hcrein and above authori-
zed and permitted shall be constructed pursuant to the terms set forth
in an annexation agreement between Bertram A. Lewis, Harvey B. Lewis,
and J..Laurence Kleinfeld, or their assigneest
~nd the VIllage of Mount Prospect, which annexatIon agreement, entered
Into and executed August 15, , 1972, is attached hereto and hereby
made a part hereof as Exhibit B.
SECTION THREE: That the Director of Building and Zoning of the Village of
Mount Prospect is hereby authorized to issuc, upon proper application,
such building permits as may be required for the said planned unit develop'
ment, the construction of which shall be governed by the terms of the said
annexation agreement, Section 5.1 ~f the Mount Prospect Zoning Ordinance,
this ordinance herein, and all other applicable ordinances of the Village
of Mount Prospect.
SECTION FOUR: That as each stage of development is completed and occu-
pancy certificates are issued for all of the residencies in such stage,
Bertram A. Lewis, Harvey B. Lewis and J. Laurence Kleinfeld, or their
assignees, will cause a Plat of Open Space Easement to be delivered to
the Village of Mount Prospect.
A. I These plats shall be recorded and shall contain such
wording sufficient to permanently guarantee the open
space as shown on such easement in accordance with the
said planned unit devclopment' 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 its exhibits and
plans shall be recorded in the Office of the Recorder of Deeds of Cook
County, Illinois up6n completion of the planned unit development herein;
and the Restrictive Covenants contained in Exhibit C hereto shall be re-
corded 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 from
and after its passage, approval~ and publication in a manner provided by 1
and the recording of the Restrictive Covenants which shall. enure to and
be for the benefit of the Village of Mount Prospect and WhICh covenants
are attached hereto as Exhibit C; said covenants guaranteeing among other
things: (1) the development'of the subject property in accordance with
the planned unit development herein; (2) the continued main~enance an~
protection of all public open space.and common o~en space WIth the sald
planned unit development; (3) the rIght ?f the V~lla~e of Moun~ Pros~ec~
to enforce said covenants by any approprIate actlon In law or ln equIty~
and (4) the guarantee of the Owner that ~ommon ownership or cont~ol shall
extend to all portions of the planned unI~ de~elopment f?r a pC~lod of
not less than eighteen (18) months follOWIng Its completIon, whIch C?mffiOn
ownership or control 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.
AYES: 5
NAYS: 0
PASSED AND APPROVED this 15th
PASS:
1
day
of August , 1972.
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l11age President
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2[;h~0/ .~~-vcL~
> Village Clerk
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RESTRICTIVE COVENANTS
PHILLIP GR~NDINETTI, JR., or his assignees, in accordance
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with the provisions of Sec. 5.1 of the Zoning Ordinance of the Village
of t,;ount 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 State
of Illinois, as follows:
1. PHILLIP GRANDINETTI, JR., or his assignees, will maintain control
of the Planned Unit Development proposed on the property described as
follows:
The South 10 acres of the Southeast 1/4 of the Northeast 1/4
of Section 22, Township 41 North, Range 11, East of the ,
Third Principal Meridian (except the West 210.0 feet thereof
and also except the East 50.0 feet thereof)
also
The South 5 acres of the North 10 acres of the South 20 acres
of the Southeast 1/4 of the Northeast 1/4 of Section 22,
Township 41 North, Range 11 East of the Third Principal Meridian
(except the West 210.0 feet thereof and also except the East
50.0 feet thereof)
also
That part of the North 5 acres of the South 20 acres of the
Southeast 1/4 of the Northeast 1/4 of Section 22, Township
41 North, Range 11 East of the Third Principal Meridian,
bounded by a line described as follows: Beginning at a
point on the East line of said tract at a point 121.89 feet
South of the North line of said tract; thence West 772.0
feet on a line parallel with the North line of said tract;
thence South 42.32 feet to a point on the South line of said
tract; thence East 772.0 feet parallel with the North line of
said tract to a point on the East line thereof; thence North
to the place of beginning, (except the East 50.0 feet thereof),
all in Cook County, Illinois;
to guarantee development substantially in accordance with Planned Unit
Development Ordinance No. 2370
approved by the President and Board
of Trustees of the Village of r.=ount Prospect on
August 15th , 1972,
for a period of eighteen (18) months following completion of said
Planned Unit Development.
2. PHILLIP GRANDINETTI, JR., or his assignees, do(es) further covenant
tha t for a period of tv.renty (20) years from the date of commencement of
construction of said Planned Unit Development that he will, by contract(s),
provide for adequate maintenance of all building exteriors, parking ~reas,
and other paved areas, and of all open space located within said Planned
Unit Development, which open space is defined as all of the land upon
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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 residents occur as to each stage of
development, PHILLIP GRANDINETTI, JR., or his assignees, will cause a
Plat of Open Space Easement to be delivered to the Village of Mount
Prospect for recordation, which, by said Plats, it is intended to
permanently guarantee open space substantially in accordance with said
approved Plan Unit Development and any amendments thereto. Said Plats
of Open Space Easement shall constitute a covenant running with the land
for fifty (50) years from the date of said recording of those covenants
and shall be enforceable by said Village of Mount Prospect.
4. 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 lando\vners 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 Pla~~ed Unit
Development Ordinance of the Village of Mount Prospect and the new O\~ler
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
Eount 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 heirs or 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 any proceeding at law or in equity against the
person or persons violating or attempting to violate any such covenant
and either to prevent him or them from so doing or to recover damanges or
other dues for such violation.
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8. These Covenants shall be binding upon and inure to the benefit
of the parties hereto, their successors and assigns.
VILLAGE OF MOtJNT PROSPECT
BY'~&~~
President
ATTEST:
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