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HomeMy WebLinkAbout1628_001RESOLUTION 140. A RESOLUTION TO APPROVE AND ACCEPT A DRAINAGE, RECREA- TION AND ACCESS EASEMENT AGREEMENT REGARDING THE SUBDIVISIONS AND RESUBDIVISIONS KNOWN AS KENSINGTON CENTER IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE -VILLAGE OF MOUNT PROSPECT, ILLINOIS, COOK COUNTY, ILLINOIS: SECTION ONE: There has been submitted to this Board by Opus Corporation, Alscor Investors, Joint Venture, American National Bank and Trust Company of Chicago, as Trustee, and Northern Illinois Gas Company, a certain Plat and Easement Agreement designated "Drainage, Recreation and Access Easement Agreement` which provides for a grant of easement to be given to the Village of Mount Prospect for storm water drainiage, jogging path and recreational area purposes within that property commonly known as Kensington Center, together wi 'th an addi- tional grant of access easements to the Village for the pur- pose of providing access to and from said drainage and recrea- tional easement areas, all as described and set forth in the said Plat and said Easement Agreement, copies of which are attached hereto and made a part of this Resolution. SECTION TWO: The said Easement Agreement and Plat have been submitted to this Board in accordance with the provisions of a certain Annexation Agreement of May, 1980, pertaining to the granting of easements for jogging path and recreation area, and pursuant to certain discussions between the Opus Corporation and the administrative staff of the Village re- garding the granting of drainage and access easement areas, and said Easement Agreement and Plat are hereby approved and accepted as being in compliance with such Annexation Agreemeni and discussions. SECTION THREE: The Mayor and the Village Clerk are hereby authorized, and directed to execute the Easement Agreement on behalf of this Village and to take all further steps deemed necessary to record the Agreement and any subsequent Plat of Easement to which it pertains. SECTION FOUR: This Resoliftion shall be in full force and effect upon its passage and approval in accordance with -law. PASSED AND APPROVED this day of AYES: NAYS: ABSENT: VILLAGE CLERK MAYOR DRAINAGE, RECREATION AND ACCESS EASEMENT AGREEMENT This Agreement is made this . day of 1982 by and between Opus Corporation, a Minnesota corporation, authorized to transact business in Illinois as Opus Designers, Builders, Developers, Inc., (formerly known as Rauenhorst Corporation ("Opus"), Alscor Investors Joint Venture.. a jcint venture ("Alscor"), American National Bank And Trust Company of Chicago, not personally, but solely as Trustee under a Trust Agreement dated the l0t-h day of February, 1979 and known as Trust No. 4 57 71 (the "Trustee"), Northern Illinois Gas Company, an Illinois corporation ("NI -Gas") and the Village Of Mount Prospect, an Illinois municipal corpora- tion (the "Village"), W I T N E S S E T H WHEREAS,, Opus *is the owner of various parcels of real estate which are located in Cook County, Illinois and included within various subdivisions and resubdivisions known as Kensington Center, according to the subdivisions and resubdivisions of Kensington Center recorded in the Office of the Recorder of Deeds of Cook County, Illinois, or registered in the Office of the Registrar of Titles of Cook County, Illinois, or both, (suich parcels are hereinafter called "Kensington Center") ; * and WHEREAS, Alscor is the owner of Lot 10 in Kensington Center Phase Onel.and Lot 109 in Kensington Center Phase Three --A (the "Alscor Property"), according to the plats .4 Af Of subdivision of Kensington Center Phase One and Kensington Center Phase Three -A recorded in the Office of the Recorder 01 Deeds of Cook County, Illinois, and registered in the Office of the Registrar of Titles of Cook County, Illinois and WHEREAS, the Trustee is the owner of certain real estate located in the North half ofSection35, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois (the "*Trustee's Property"); and WHEREAS, NI -Gas is the owner of the beneficial interest in the Trustee's Property; and WHEREAS, NI -Gas and Opus have entered into a certain agreement (the "Purchase Agreement"), dated August - 1, 1978, under which Opus Obtained an option topurchase certain property from NI -Gas, including the Trustee's Property; and W, WHEREAS, Opus, the Trustee, NI -Gas and the Village have - entered into a certain Annexation Agreement (the "Annexation Agreement") relating to the development of Kensington Center and the Trustee's Property; and WHEREAS, in connection with the development of Kensington Center and the Trustee's Property, and in order to achieve the goals of the Annexation Agreement, the parties desire to execute this Agreement to grant certain easements and to make certain agreements relating to drainage areas and facilities, and recreational areas and facilities, on and serving the Alscor Property, Kensington Center and the Trus tee's Property. .NOW1 THEREFORE, in consideration of Ten Dollars ($10-00) and other good and valuable considerstionpaid by each party to the others, the receipt and sufficiency of which are hereby acknowledged, the following grants and agreements are made. - 2 - . ...... .. Agree-ments for Drainage Creek Easement Opus hereby grants to the Village a non- exclusive easement for the operation, maintenance, repair and replacement of a storm water drainage system, including the existing drainage creek, and related and ancillary equipment and facilities, over, across, upon, under and through that oortion of Kensington Center described on Exhibit At attached hereto and made a part hereof. (The property described on Exhibit A is hereinafter called the "Drainage Creek Easement Area"), 2. The -Village agrees that it will use the Drainage Creek Easement Area for the operation, maintenance, repair and replacemerit of a storm water drainage system for the benefit of Kensington Center, and such other property as IS presently served by Feehanville Creek, which is located in the Drainage Creek Easement Area, and for no other use or purpose. The drainage creek and related equipment and facilities shall be operated, maintained, repaired and replaced as a public improvement of the Village of Mount Prospect* The Village will maintain the Drainage Creek Easement Area in such manner as to assure the unobstructed flow of storm water through the Drainage Creek Easement Area, and to maintain the Drainage Creek Easement Area in a clean, healthful and sightly condi tion. 3. The parties acknowledge that the Drainage Creek Easement: Area provides substantial aesthetic and economic value to Kensington Center and surrounding properties, and the parties intend to maintain the Drainage Creek Easement 3 - Area in its present state to the extent Possible consistent with the drainage requirements described herein. The parties agree that the Village will not regrade the Drainage Creek Easement Area, or construct or install additional equipment therein, or remove vegetation therefrom (except routine and minor trimming), without in each case theprior written consent of Opus. Except as' required by an emergency, the Village will give Opus notice of its intent toperform maintenance, repair or replacement activities in the Drainage Creek Easement Area at least two business days prior to the performance of such activities, and a representative of Opus shall be permitted to accompany the Village's repre- sentatives at any time the "Village's representatives are conducting activities in the Drainage Creek Easement Area. 4. The parties expect that in connection with the development of Kensington Center and the Trustee's Property, additional areas will be added to the Drainage Creek Easement Area. The parties agree that additional areas may be added to the Drainage Creek Easement Area, and become subject to the terms hereDf, by a supplement to this Agreement, executed by the Village and the owner of such property to be added to the Drainage Creek Easement Area, which refers to this Agreement and is recorded In the Office of the Recorder of Deeds, or registered in the Office of the Registrar of Titles, as appropriate. 5. The duration of the easement granted hereby in the Drainage Creek Easement Area shall be perpetual, provided however, that the easement may be terminated by Opus at such time as the Drainage Creek Easement Area is no longer used for the drainage purposes described herein, or if the Village fails 4 to perform its obligations hereunder, and such failure continues for more than 30 days after notice of such failure is given to the Village. The right to terminate the easeInent shall not constitute the sole or exclusive remedy available for breach o' obligations hereunder, and opus shall also be ntitled to any other remedies available for such breach in aw or equity, including, but not limited to, damages or LnjunCtive relief. Ii. Agreements For Jogging'Path And Recreational Area Easement Opus hereby grants to the Village a non-- dxclusive easement for operation, maintenance, repair and -zeplacement of a jogging' path, and other recreational uses as described herein, over, upon and across thatporIC-ion of Fensington Center described on Exhibit Bt attached hereto and made a part hereof. Alscor hereby grants to the Village a nonexclusive easement for operation, maintenance, repair and replacement of a jogging path, and other recreational Uses as described herein, over, upon and across. that portion of the Alscor Property described on Exhibit Cr attached he,-Z.-eto and made a part hereof. The Trustee hereby grants to the Village a nonexclusive easement for operation, maintenance, repair and replacement of a jogging path, and other recreational u$es as described herein, over, "upon and across that portion Of the Trustee's Property described on Exhibit D, attached h�lreto I and made a part hereof (the property described on Eyhibits B, C and D is hereinafter called the "Recreational Easement Area"), and grants to Opus an easement for the con- struction. of a jogging path, as described below, On such portion of the Trustee's Property, together with an easement fo temporary access over other portions of the Trustee's PrDpert " y , as is reasonably necessary for construction of the iO,ging path.* - 5 - 2. Opus agrees to construct a jogging path within the Recreational Easement A-reargenerally in accordance with the description of the jogging path construction in the Annexation Agreement, and generally in accordance withplans entitled Feehanville Creek Jogging Path, prepared by Opus Designers, Builders, Developers, in' c., dated June 29, 1982. Such construction shall be in accordance with a schedule developed by Opus, and shall be based generally upon the schedule for the development of the lots on which the Recreational Area Easement is located. The Village acknowledges that the construction of the jogging path in accordance with this Agreement, and the grant of the easement in the Recreational Easement Area as described herein, will satisfy the require- ments of Sect -ion 17D of the Annexation Agreement, and will constitute the performance of the obligations of Opus there- under. 3. Upon completion of construction of the Jogging Path the Village will maintain the jogging path and related and ancillary equipment as a public improvement of the Village, and will be responsible for maintenance, repair and replacement as necessary to maintain the jogging path and other equipment and improvements in the Recreational Easement Area in a serviceable, clean and sightly condition. The Village will be responsible for cleaning and removal of trash from the Recreational Easement Area, and for the security of persons and property in and about the Recreational Easement Area. The Village will restrict access to and use of the Recreational Easement Area during such times as is appropriate to protect the security of persons and property in the areas in which the Recreational Easement Area is located. 4. The Village may use the Recreational Easement Area for the benefit of the general public for jogging and - 6 - ....... ..... other recreational purposes consistent with jogging use, but shall not permit the Recreational Easement Area to be used for the operation Of motorized vehicles or other uses which are inconsistent with use as a jogging area. In the event of a dispute between the parties as to whether a use is permitted hereunder, the decision of Opus, with regard to the portion of the Recreational Ease:nent Area located in Kensington Center or the Alscor Property, and the decision of the Trustee, with regard to the portion of the Recreational Easement Area located on the Trustee ts Property, shall control, 5. The owners of the property on which the Recreational Easement Area is located, and Opus, with regard to the portions of the Recreational Easement Area located in Kensington Center, may grant other easements in the Recreational Easement Area, and may use the Recreational Basement Area for other purposes, provided such other easements Cir uses are not inconsistent with the use of the Recreational Easement A-rea, as described herein, and may relocate the Recreational Easement Area, in accordance with -the provisions of paragraph 17D of the Annexation Agreement (whether such relocation occurs during or after the expiration of the term of the Annexation Agreement), 6. The parties expect that in connection with the development of Kensington Center and the Trustee's Property additional areas will be added, to the Recreational Easement Area. The parties agree that additional areas may be added to the Recreational Easement Area, and become subject to the terms hereof, by a supplement to this Agreement, executed by the Village and the owner of such property to be added to the Recreational Easement Area, which refers to this Agree- ment and is recorded in the Office of the Recorder of Deeds, or registered in the Office of the Registrar of Titles, as appropriate. - 7 - 7. The duration of the easement granted hereby in --he Recreational Easement Area shall be perpetual, provided )owever, that the easement may be terminated by Opus, with ,egard to the portion of the Recreational Easement Area Located in Kensington Center, by Alscor, with regard to the >ortlon of the Recreational Easement Area located on the �lscor Property, and by the Trustee, with regard to the �,Ortion of the Recreational Easement Area located on the trustee's Property, at such time as the Recreational Easement �,.rea is no longer used for the recreational purposes described ier - ein, or if the Village fails to perform its obligations Hereunder, and such failure continues for more than 30 days Iter notice of such failure is given to the Village. The ight to terminate the easement shall not constitute the ole or exclusive remedy available for breach of obligations ereunder, and Opus, Alscor or the Trustee shall also be retitled, to any other remedies available for such breach in aw or equity, including, but not limited to, damages or njunctive relief. A regiments Far Access �ase�nents 1. Opus hereby grants to the Village a non- exclusive easement over, across and upon the areas described on, Exhibit E, attached hereto and made a part hereof (the "Access Easement Areas") for the purpose of providing access to the Drainage Creek Easement- Area and the Recreational Easement Area. 2. The Village shall use the Access Easement Areas solely for access to the Drainage Creek Easement Area a the Recreational Easement Area and the transportation of P=-'--sonnel and equipment between a public right of way and the Drainage Creek Easement Area and the Recreational Easement A.'ea, and nd for no other use or purpose. - 8 - 1 3. Opus shall have the right to relocate the Access Easement Areas within : any lot in Kensington Center to another portion of such lot by recording or registering, as appropriate, an Amendment of this Easement Agreement to effect such relocation. 4. The Alscor Property and lots 302A, 3020r 302D, 303 305, 307r 309f 310B, 3100r 310D and Outlot 1 in Kensington Center presently abut the Drainage Creek Easement Area or the Recreational Easement Area. The Access Easement Areas described on Exhibit E are located on Lot 307. No portion of the Access Easement Areas is located on Lot 305, and no portion of the Access Easement Areas shall be located on Lot 305. Opus" acrees that as additional lots are added to Kensington Center which abut on the Drainage Creek Easement Area or the Recreational Easement Area, it will consult with the Village 6 with regard to adding areas to the Access Easement Areas, The parties agree that additional areas may be added to the Access Easement Areas, and become subject to the terms hereof, by a supplement to this Agreement, executed by the Village and the owner of such property to be added to the Access Easement Areas, which refers to this Agreement and is recorded in the Office of the Recorder of Deeds, or registered in the Office of the Registrar of Titles, as appropriate. 5. The Access Easement Areas shall remain unobstructed, and improvements shall not be constructed the'reonr except that the Access Easement Areas may be used for driveways and parking areas and related improvements, including lighting, curbing and landscaping. The Village shall not use the Access Easement Areas in such manner or with such equipment as will result in damage to the Access Easement Areas, and will promptly repair and restore any damage caused by the use of the Access Easement Areas by the Village or its % - 9 - .......... ...... ........ ...... representatives or agents, including any damage to improve- ments or landscaping. £. The easements granted hereby, over, across and upon the Access Easement Areas shall terminate at such time as the herein granted easements to :the Village over the Drainage Creek Easement Area and the Recreational .Easement Area terminate. Iv. .Agreements Relating to the Use o f th,e Trustee' s Proert 1. Opus will pay all oasts for construction of improvements to be constructed by Opus on the Trustee's y Property, and will keep the Trustee's Property free from claims of mechanics or mat.eri.almen. Upon completion of construction, Opus will, upon request of the Trustee or NI - Gas, deliver evidence of payment in full. Of Costs of con- struction. 2. Opus and the Village shall construct and operate facilities on the Trustee's Property in such manner that the construction and operation shall not, in the reason- able judgment of NI -Gas, cause substantial interference with the utility operation of NI -Gas on the Trustee's Property. 3. Prior to the commencement of construction of any improvements by Opus on the Trustee's Property, Opus will provide to NI --Gas evidence of insurance in force and effect with coverages, companies, ,and amounts reasonably satisfactory to NI -Gas. For the purposes hereof, liability insurance having single limit coverace of $1,000,000.00 or more shall be satisfactory to NI -Gas. 4. Opus may finance the design, construction, and installation of facilities on the Trustee's Property by means of an Improvement Mortgage (as defined in the Purchase .Agreement) under the conditions set forth in the Purchase Acreement. 10 5. Any portion of the Trustee's Property which is onveyed to Opus and included within a subdivision or esubdivi sion of Kensington Center shall, from and after the ate of reco.-1--dation or registration of such subdivision or esubdivision, constitute a part of Kensington Center for urposes of this Agreement, and shall no longer constitute a art of the Trustee's Property. V. General Provisions 1. Subject to the provisions set forth below in this paragraph, all provisions of this Agreement are binding A� upon and inure to the benefit of the successors and assigns Cf the parties hereto. Whenever a transfer occurs oJ-f owner- ship of a po.-k-tion of Kensington Center, the Alscor Property or the Trustee's Property, or of the easements herein granted, the transferl-or shall have no further liability for breach of covenant occurring thereafter as to such land or easement which has been transferred. Notwithstanding any transfer or cDnveyance oz-_ a portion of the Alscor Property by Alscor, or of Kensington Center by Opus, the rights to terminate the easements.. to exercise remedies for breach, or to exercise oher rights under this Easement Agreement as the owner of the Alscor Property or Kensington Center shall be held and e kercisable only by Alscor or Opus, respectively, unless A,I.scor or Opus, as the case may be, shall specifically assign such rights by an assignment recorded in the Office o4 z, the Recorder of Deeds of Cook County, Illinois, or r cistered in the Office of the Registrar of Titles of Cook County, Illinois, as appropriate. Further, notwithstanding aty transfer or conveyance of a portion of the Alscor Property by Aiscor., or of Kensington Center by Opus, the right re served 11 herein to relocate any easement granted hereby on the Alscor Property or an Kensington Center may be exercised only with the prior written consent of Opus. 2. All notices given by one party to another hereunder shall be in writing and may be served personally or mailed Certified Mail, Return Receipt. Requested. Notices shall be sent to the following addresses If to Opus: Opus Corporation 800 Opus Center 9900 Bren Road East Minnetonka/ Minnesota 55343 Attn: Legal Department If to Alscor Alscor Investors .joint Venture C/o Opus Corporation 800 Opus Center 9900 Bren Road East Minnetonka, Minnesota 55343 Attn: Legal Department If to Trustee: .American National Bank & Trust Company Of Chicago, Trust. No. 45771 33 North LaSalle ,street Chicago, Illinois Attn. Land Trust Department If to NI --Cas Northern Illinois Gas Company P. O. Box 190 Aurora, Illinois +0507 Attn.- Mr. C. O. Becker If to the Village: The Village of Mount Prospect 100 South Emerson Mount Prospect, Illinois 60056 Attn: 'Village 'Manager Notices, shah be deemed given when delivered, if delivered personally, or when mailed, if mailed Certified Mail, Return. Receipt Requested. Any party may change the address for no --ices to it by a notice given as described herein. 3. The references in this Agreement to the passibility of future or additional grants of easement, . 12 or additions to the easements granted herein, shall not con- stitute or effect easements by implication or obligations to grant further -or additional easements, and no such further or additional easements shall exist unless granted as provided herein. 4. This Agreement is executed by American. National Bank. And Trust Company of Chicago, not personally, but solely el as Trustee as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee. All agreements and covenants of the Trustee are undertakenken. by �' it solei as Trustee as aforesaid, and not individually, and noP ersonal liability shall be asserted against American National Bank And Trust Company of Chicago by reason of any of the terms or provisions of this Agreement. IN WI'T'NESS WHEREOF, the parties hereto have executed this Easement Agreement as of the date and year first above written. OPUS CORPORATION, authorized to transact business in Illinois as OPUS DESIGNER.Sr BUILDERS, DEVELOPERS, INC. Its Attest: By i T.,oe ,,,,,, .A.ts M a ALSCOR INVESTORS JOINT VENTURE By: opus Corporation, authorized to transact business in Illinois as Opus Designers, Builders, Developers, Inc., Managing Joint Venturer SEAL By Its: Attest: By: Its: 13 0 AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not personally SEAL but solely as Trustee as aforesaid By. Its Attest: By: Its NORTHERN ILLINOIS GAS COMPANY SEAL BV' Its ---------------- attest: 'By. Its THE VILLAGE OF MOUNT PROSPECT � l_ Attest: By . Its By Its: 19 STATE OF SS COUNTY OF I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HER-EBY CERTIFY that personally known to me to be the President of Opus Corporation, a Minnesota �&�Orporati_ion, and personally known to me to be the'Secretary of said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Secretary, they signed and delivered the said instrument as President and Secretary of said corporation, and caused the cor- porate seal of said corporation to be affixed thereto, pursuant to authority given by the Board of Directors of said corpora --;L--ion, as their free and voluntary act, and as thEF free and voluntary act and deed of said corporation for the uses and purposes therein set 'forth. Given under my hand and notarial seal, this day of , 19 Notary Public My Commission Expires: STATE OF SS COUNTY OF I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that personally known to me to be the Pres-ident of Opus Corporation, the managing joint *enture,r of Aii1scor Investors Joint Venture and personally known to me to be thee - Secretary of said corporation, and personally known to me to be the sate persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and: Secretary, they signed an —def-i—vered the said instrument as President and Secretary of said corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority, given by the Board of Directors of said corpora- tion as their free and voluntary act, and as the free and voluntary act and deed of Alscor Investors Joint Venture, for the uses and purposes therein set forth. day of Given under my hand and official seal, this 19 Notary Public MY Commission Expires: STATE OF ILLINOIS Ss COUNTY OF C 0 0 K I, the undersigned, a Notary Public in and for Said County, in the State aforesaid, DO HEREBY CERTIFY that an�k ­And�T�ru�st �Com�pa�ny Chicago, and Of American National --------------- — of said Bank are personally Known to me, to be the same persons whose names are subscribed - ibed to the foregoing instrument as such and r respectively, appeared before me UE -3--s �d'in person and--a—ck'nowl -edged that they signed and deliveray ' ed the said instrument as their own free and voluntary act and as the free and voluntary act of said Bank, as Trustee as aforesaid, for the uses and purposes pu therein set forth, and caused the corporate seal of said Bank to be affixed thereto, ursuant to a the Board of Directors of said uthorityr given by d Bank as their free and voluntary act, and as the free and voluntary act and deed of said Bank, as -Trustee as aforesaid, for the uses and purposes therein set forth, Given under my hand and notarial sealthis day of 1 9 f Notary Pu"blic my commis * Sion Expires,: STATE OF ILLINOIS 1M^ SS COUNTY OF IIIthe undersigned, a Notary Public, in and, for the County and, State aforesaid, DO HEREBY CERTIFY that it personally known to me to be the Prei'l-dent of Northern Illinol's Gas Company,a�[in�ois�c6r100rationj and.persona:11 knowy ,:n to me to be the Secretary of'i and, personally known tsa. �d corporation, o me to be the same persons whose ,names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged, 'a -hat ,as such r,es " '- ft 4 a, ad de 1 P ident and Secretary., they signed ivered, the said instrument as President and - Secretary of said corporation, and caused the cor- Porate seal of sai'd, corporation to be affixed thereto, suant to a,-, ori't pur- y, given by the Board o' D i f J.rectors of said .-tion as their cor pox a free and voluntary act, and, as the 'J-,,re,e d anVoluntary act and deed of sai'd corporation for the"uses ana purposes therein set forth., dor of Given under my hand and notarial seal, this E 19 0 * ------ Notary Public MY Commission Expires-, STATE OF,ILLINOIS ) SS COUNTY OF C -O 0 K It the under P ublic in and­f6`rT_hIe_­C­— signed, a notary certify that County and State aforesaid, do hereb y be the 'personally known to me to cipal c--" of Che VMIllage­of Mount Prospect, a muni- orporation, and personally known tome to be the of said z-,nunicipal corporation, and personally known to me to be .,the same Persons whose names are subscribed to the foregoing instrument, appeared before me this day in person, and severally acknowledged as said and ------.,they executed said instrument as and of said Village of Mount Prospect and 'Caused the —co r--- porate 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 of said village for the uses andpurposes,* therein set forth. Given under my hand and notarial seal this Say of 1 Q f L -7 Notary Public SEAL 1y C01mission Expires: r4 9/4�82 Copus RASEIENT DESCRIPTIONS FOR DRAINAGE CREEK AREA IN KENSINGTON CENTER, MOUNT PROSPECTp ILLINOIS, r ♦ i ' r VF r i s .„, r it � i i • s i, a " ! it i. • r � i ' i 4 � r 9 waw 4 ThA't 'Piarit Of Out Lot # ` U "` i � • i � � • � i � i ar Phase Three A AE, 01�; jy ng NiorthwestarlY of the following de,s- "' " viw rM poinit in the Westerly linjo of y thence Northeastarlyv parallel with, the Nhorthweste.rly line Of said Out • distance of thenee Easterly, ' distance East line! of isa,id Out Lot I v�hich is 82-93 feet South of the said, The e r'Iy 4, 0 f e l t s measure , p ,rp :d c a t the , Southaa-st,r'� hrf of Loits 302-,C and, 302 -D in the aforle,said Kansjngton,C—onter subdivision to. gather h the Northwaster,ly 10 feet of the Sth astlr 50*0 feet of the rlY eat ular to the Southeasterly an rly lines the,,reof) of said ,Lo,t 302 i w• * ti S Ni 9/14/82 Opu's EA 3E IS N T DESCRIPTIONS FOR RECREAT IONAL AREA DI KENSINGTON CENTERI hOUITT PROSPECT, ILTINOISe KXH IB IT 'SBH That part. of Ke�rlsin'gtoa Contar --o Pha'se Three Ay boing a :sub*O d"v1sion, inart of the 'North half 0'** Soctioa 35,#, Tomiab-jp 42, P North,, ll$ East of tho TIArd Prinoipal, Yarldian, r-eoord6d 00 algo', that part of yenairtgton may 4.9, j-9 8 to as, do c uze n t #2585908P -Y Cantor os 3i 'VII Of LOt 510 in tor Kensington GO'nter Phase Thzoa Tcacoz,<Ied 11,overiber 'P5,, 198l't az doo=tnt d2607042'2,v rilso that' I part Of Fj3nsington Cantor - Rasubdivi3ion V7jj of pa, -rt of aforesaid, KorLsj,ngton, Co to .p 30 7nz,%ee , ,ha 1W AIrto orded Juza 22, 1982�,, as doctument #26)26B0,q8,,p wad also., t,'ha,t part of Kb"rLaington Cantor owl Phase Bj, being a zubdsjo'rL in, part of the Northwest quartor of said 300tion, 35,, racordold as. document # all in Cook County# I111nois, desoribed as f 011ows, All that: parb Of Lot 310-D in, aforesaid KerLsin-gton CuterResubdivision V,jj jyjrIg Southik"fe-IterlY Of a Curved 'line., convex to 'the SOULhviast,p haviag a radjus'of 110,0 'feet,, said cUrvad 11ine dzlaNyn from a, point i1a the Noxt'h line OZ S a i d 1�0,t 3 I Q -1) v'hl:c,h, is'0 feet I EaI of th hw,,e t; East Corner or said Lot to a polat in th' e 110 �rt 5 "as t 'jin whi0h :LS a, dialk,-, Z , a of s aid Lot vorthof t C,0:r- ar1ce of -r-)7 f'e et V he Soult-heast 'mar of said Lotla, The Southeast$erly 15*0 feet (as measured perpendicular to the Soutien-sterly line thaeof) 03V Lot 310-C in afore . - said 4 - Center 'Arlcaubdivisioa VII. 0 That, part of the Nortlawest,o, .,r,] -y 4o.o fee -1; (as taeasuaed perp, Pendicular to thc* North'17 S At-'er, ly line th-ereof) 01 Lot in tnO aforiesaid, Kensington Center Resubdivision�Vjjj 307 "Vest,Orl'y of a line drawn, vin,g line gerpandicul ar to saild WorthAveStarjy Of L-ot 307 friam a Point "in said Nor yes terly line whioh is 33*0 feet Northea3terly of t,rWmost Wester:,y. corner of said TQ' 3071- The sou""a"sterlY J�'6*0 feet as ne-*ssured 'rte cUiar tjo the . Southe $Woerly, Una the�reof) Of Lot 309 in t,h3 Ken intoe Center% --Phase Threa.A.* together with'to E_qSterly 60.0 feet, (as easured perpendicular to the Northea,!3terly line of said L ) of said Lot 309 1,yirig 1;ort hNv,estr,,r1y Of tiiis af o X, a S a id S o L+,'h c.*.a.9, te rjy sai, d Lot 45wO feat of arid lying Sotither ly off" te 3outV line of Lha pas. ero,nt f,or a,c C e 3.9,01 storm, da"Loeintion pond and, dr,atnagD as shoiyn on pa t of :9,aid Subdivision, �anld alsio together with the Eastarly 30*011felet (as inea-gurad perpendicular to tl-i� Northea-stierly line of -said, 10t)p of said Lot 309ying Northwasterijy of tj- I �3 S otith a r �y line of sr��d pond, 0,'1:3a,rnant and lyi,rV, Sottheasterly of a 1 drawn P-5*0 fee 'Nor U-1 Nya,3 t0rlY of and concentric, �,,)ejth, tj Soiitl-ierly lina of :;aid porid oanionr3nt. 8325 1 EASEMENT DESCRIPTIONS FOR RECREATIONAL , .RFA IIT NSnGTON CENMRS MOUNT PROSPECTR TTj INO IS =IB IT nB" h 8325 I EASE,bC- 14T DEC-SCRIPTIONS FOR 'CREATIOIT,4#�L td�F 'A IN KENSINGTON CENTER.* MOUNT PR03P.EC;T ILL121013 EDMIBIT "B" Northwe3tarly 45-0 f e e t as ME -ft suz-ed pew pendi,.J 'the NorthweqA-erly line t., Kensingto. 4.0 Mra0f) of Lot ar to fl Center Res ubdii6ri si join VIII 305 in th-9 aforesaid *,-ha t p a -w- t Of T -,c)'4- 303 in a]400'irasaid VIII lying N'ort Cen'eir Resubdiv ,3 a t. line,* Bei,,Einnir a';e'ster]-Y of tlf 0 110 Vii nS dom 03 v4hi c h a ' 00iw1t in the S,0,U''1.-.'*r1WeSt(:v1Y line of 3 3 is a di. s t a.-, c a ai d Lo t ITort* �.je3, I core 'of 45-0 feet Sout,-h1eas,tez.1y 0,f thel n Lo n-mr, 01. 3%1id Lol-..t- ance�f �� 3, r-�! n-clmNor theast1;a,1'1Y,,, a d.40t, :0 e- et t 0 a Doi 601.o feet"'soux-he,,st I t1rad psrpendicul.-�.r) 0*-* t. -U - , A, y CMA'as"m tlh e n c e ne, of sa-id Lot :zc)-. Nor the as I oarly 3o,3 -0 e,r,l Y s C11 d Lo t t... ne of 10 Loto That%o PcL-'r-t Of"'OUt L<)t IL,#ne aforesai,d` Xens;n "I &ton CenA, er 3:",bdivis,lono 1YIZZ, Yiovthvias-te� ing desic'r,ibed line* �rl Y� �of Abe e -0 Begi',rining, at a pow to 10 1,10vir. Int the Wp,�.14'f 'I t , , 0.14w said Gut Lo t I is 6 Y I S, e t 3 0 u 'U', h, e rly 0 f t. 110r&,wes' COrner thereof; t,heace the Northwesterly lina I& m r al 1 e 1 w it h, of sal d Out Lo,, -,,l feet- th-e,nce P a dist.ance of �6*22 P Easterly,,, a distance o,f 41().VJ feet to a point in thO F-ast lin,a Of said Out Lot 1, 82 of the, zos t Northerly Corner of said0 1*93 felet south Ut dot ALSO; A s triP la n d 25 9 JO f e �e t in wi d r t c1 th�., e x t n, di anSoutherly id t rZ i �a Noh�tr 0'U t Lo n I)a ri tOT, of t h e Ea St i d st X*i p b a ing 12* 5 fie to 'b n orrm, S a, id, eac,h side of the centeir line of said Y being bonded o.n, 'the South, y the -9triP,), and �said strip Lot 1,, ar-4, -A. , bounded on the ;10 'Sout"lel-"ly lin`f3 Of 58id Out Lot ce Orth 'by the North li-ije, Of said Out; nter lizie being herlY described, as follo�-,,S. nning at a POiat in the Soutline of sa, id Ou, Bes. vihlchis a distanice 'of :L2*54 feet Smithvjest�of, 'I'- t Lot I cor-ner' Of 3,Edd Guy rth No,d99' r �6,h8 Southeast 10 zseconds West a dist 17 ee's 02 minutes ,al o n�w, ance of 55,26 feet - a ue�d ine, convt�-x� to the West, having a Cf 14-15-50 fecet,rylan al' -c disUinco of naid arc bearing llort,h 0deg-18 -lo 75 feet ty-2 c 31 180* -feet to a p,0j,lino cmn rejes '05 lni�,,nutes C),9 seCds Emst .t i�n the North of said out Which is 27*43 feet "Vlestll of the Narthmst Out Lot J, together withcc:vn,5r, Of said Southeasto,z*ly of t, hat part Of '3 a i d OU t Lot 1 1'y n n Perpendicular t,0 thS SO line draw li'nO Of s ald Dui 'Lot I fr,oma point 'h i n ,9 al d Sovl�thwa,sterl, line, w ich, is 70 foat North%Y,03torly of the Soutwhwa3 Out Lot 1 and lying �vaoto:rl,y of� tho W Cour'of, S rid naid 25 fbot wide s,t,1-jp of t)st"I'y :Lin'a of the s� 81)25' . .......... .,....... . 9/1./82 Copus S EASEMENT -DESCRIPTIONS POR RECREATIONAL AREA IN KENSINGTON CEN �! MOUNT PROSPEC;T.9 ILLINOI O )(H IB IT nB" .� .. 40 .'di, Q, .!NMN 1w, MOMMOM w M aiMN i w a AMb Also,, The Eazit 20 feet of t eXtrl 2 feed e 1 "�o t ~ d pertw in 'thO aforesa-id YLO n -s i ng't o ia C a)at e r Phase Tbxee Subdivision. 8325 M m 4 ......... .... 9/14/82 Ala oor EASEMENT DESCRIPTIONS FOR jj3,CRZATIONAL AREA IN KENSINGT02i CENTER* MOUNT PROSPECTS ILI DioI3 • ! EIBIT „Ciff P ofqtmrter Of ,ion TownshjI I Torthemst Tb'Lt art Of the Northwest qtmrter and tjj,0 I % P 42 North,, Range 11, Fast -hird Pritic Pal lj%ridian lying ER;Bt of Ke, tho '11 Sect1 Genter Phase Thre , e - A and KonsingtorL Center ft., rM �i rig to n Thme B Phase ,p jbping subdivisions im part �of the North half Of the D±oresaid, Soction 35 recorded 1:ay41,9,81, as, doa.I =Ient #25859082 and as doe . # respectively, all in C001C Countyp11-lin0i's, describd as follows e • • wwi mr 1w 10 • FASENENT DESCRIPTIONS FOR RECREATIONAL .AI?E.,A„ :fit KENSINGTON CE Ni m. S MOUNT T PRO PECTi That .part of the aforesaid. Northwest t CC,�,L'L.BIrt C x"' a.1']d North. j east quarter of SOctiOn 35,, described as follows: s t rip +a f land, 2�' ,�► 5 ..eat in width, lying on the E"t orl side Of an existing storm detention and bound �" ua�.d a d cin: its outherl. ®nd by the East line of Lot 02--C said ns in,gton Center -. �'k as int the of ore bauuad$ d o n its Norther a ��c;7r� e► � B �ubd..ivi s �. on i� said dub �-�' end by th�c ;East line of Lot 0248 Subdivisions said strip bei 12 foo � measur�exaent, each side of the center 5 t, by x�.or�,�. said center line bei. deter zine of said ,�tri.p, $ paint in -tha- East described as follows: Eegix�,ni,x�g at line Of said* Lot 302-C which is a dist. ante of 252,ol3- feet ,North of the Southeast ccx'�r o w. ,., Lot 302.C; � �,� said tI� rx � +e I� car th e a ;� t e ...� �ci �$.--sQuthus r along a curved line, cor�ve a. nc a of t' having z�,g a �. d.i us of �'�. j �'n et ars are � � 1.11113 feet, the chard of said arc bas,► ra d�.st-. e ring North 144 ` es 31 rainut�e,s �,,6 seconds East, 3(�C�.2c3 fAet• n t x to nent to the 1a. s t des cr�.bed curare :Lf. _e �► thence 2�artk-. � feet" thence �I+ex'the a.s to '� r j a distance of 100 r. iy along a Curved line, convex to the NOrt h- Jest,, tangent to t Last de.scr.i-e md�.us of 43-5 d line, and having a feet., an sx�c die tarp ce of 5� . C� feet the Of said are bearing "Orth 8 degrees es ,, b. chord East, 4*60 feet t g 53' r1inutes 20 seconds � to a point a f r e Zrer s o curve Oas'�¢rly al.on. a curved line convex to t � thence ��artb..- a z-�. di 'as Of �,9,0, he � o ut�..e as t of said 5 feet, an arc distance of $3a► 2 f`e+et, t -having arc bearing i.'�orth �-f1 de gra es � : the C�lt72'd a �. ' m .nu. tee U1. seconds East 78*11-.1- feet to a ?coint of co xn oun s •,es ter1 along 8. curved P d curve, the nce Northerly and a .medius of �l �-ne: convex to the �'.artheast, having - of said iu a .5 feet, an arc distance of gC«19 feet the g are beal. i�xg North 25 degree: xr.nutes p s' chard. $5o66 f set; tb.e�ce �esterl. elan � seconds Wast 5aut�., hn.v�.r�g a radius of � a curved. line, can.vex tc► .e feet the 56«3l feet, an, are distance of : chord of said are bearing South. $ degrees n -52 ;2 seconds West, 73#78 feet* thence � S es 22 �.nutes . C seconds ''lest along, earth 87 degrees 24=i nute3 "ped l.ix�e„41-5 1"in.a ta�.gerit t4 the 3.ast d.e"sc�:r3.bed. c�c.�►.... & 54 feet to the East line of said L o m East line being the Northerly end of s ai of ride said Of lard., d 25 foot �r`f.de strip M------------ FASENENT DESCRIPTIONS FOR RECREATIONAL .AI?E.,A„ :fit KENSINGTON CE Ni m. S MOUNT T PRO PECTi That .part of the aforesaid. Northwest t CC,�,L'L.BIrt C x"' a.1']d North. j east quarter of SOctiOn 35,, described as follows: s t rip +a f land, 2�' ,�► 5 ..eat in width, lying on the E"t orl side Of an existing storm detention and bound �" ua�.d a d cin: its outherl. ®nd by the East line of Lot 02--C said ns in,gton Center -. �'k as int the of ore bauuad$ d o n its Norther a ��c;7r� e► � B �ubd..ivi s �. on i� said dub �-�' end by th�c ;East line of Lot 0248 Subdivisions said strip bei 12 foo � measur�exaent, each side of the center 5 t, by x�.or�,�. said center line bei. deter zine of said ,�tri.p, $ paint in -tha- East described as follows: Eegix�,ni,x�g at line Of said* Lot 302-C which is a dist. ante of 252,ol3- feet ,North of the Southeast ccx'�r o w. ,., Lot 302.C; � �,� said tI� rx � +e I� car th e a ;� t e ...� �ci �$.--sQuthus r along a curved line, cor�ve a. nc a of t' having z�,g a �. d.i us of �'�. j �'n et ars are � � 1.11113 feet, the chard of said arc bas,► ra d�.st-. e ring North 144 ` es 31 rainut�e,s �,,6 seconds East, 3(�C�.2c3 fAet• n t x to nent to the 1a. s t des cr�.bed curare :Lf. _e �► thence 2�artk-. � feet" thence �I+ex'the a.s to '� r j a distance of 100 r. iy along a Curved line, convex to the NOrt h- Jest,, tangent to t Last de.scr.i-e md�.us of 43-5 d line, and having a feet., an sx�c die tarp ce of 5� . C� feet the Of said are bearing "Orth 8 degrees es ,, b. chord East, 4*60 feet t g 53' r1inutes 20 seconds � to a point a f r e Zrer s o curve Oas'�¢rly al.on. a curved line convex to t � thence ��artb..- a z-�. di 'as Of �,9,0, he � o ut�..e as t of said 5 feet, an arc distance of $3a► 2 f`e+et, t -having arc bearing i.'�orth �-f1 de gra es � : the C�lt72'd a �. ' m .nu. tee U1. seconds East 78*11-.1- feet to a ?coint of co xn oun s •,es ter1 along 8. curved P d curve, the nce Northerly and a .medius of �l �-ne: convex to the �'.artheast, having - of said iu a .5 feet, an arc distance of gC«19 feet the g are beal. i�xg North 25 degree: xr.nutes p s' chard. $5o66 f set; tb.e�ce �esterl. elan � seconds Wast 5aut�., hn.v�.r�g a radius of � a curved. line, can.vex tc► .e feet the 56«3l feet, an, are distance of : chord of said are bearing South. $ degrees n -52 ;2 seconds West, 73#78 feet* thence � S es 22 �.nutes . C seconds ''lest along, earth 87 degrees 24=i nute3 "ped l.ix�e„41-5 1"in.a ta�.gerit t4 the 3.ast d.e"sc�:r3.bed. c�c.�►.... & 54 feet to the East line of said L o m East line being the Northerly end of s ai of ride said Of lard., d 25 foot �r`f.de strip Opus 9/14/'2 EXHIBIT IfE It Access ea.sOln5nt description to tho villa et off` t . Prospect.* 111. Those parts of Lot 07 in KENSINGTON CENTER R�, of Lots 3031 305 an 307 in KENSINGTON� SD�z3z�ort vzxz, �. Iu�id.ivisiarx ands are,�ubdivi�.on 0 N�� POSE �'H�; beingin pari, of the Northwest quarter '. and the Northeast quarter of Section 3r', To�vn�h�. � 1.1 ��.st of the Third �'rir�ci �. .� p �-�- _ North, �Z�rzt;e sa d R�:subd�.vi3ion. VIIIJ. Principal iter d .an, ccarr in to the Plat o4, 2 3088 in 000 CQunu.,. recorded Juno, 22, 1982, as document number ", Illinois, described af oll ows E a owe nt l A strip of land 20 feet in width described as� fe t of the Ea�sterlY 52 feet as ne;as�zred The Westerly p : a terl litre o said Lot 0f perpendic liar to the No;� �th+erl. end b 3 7P said strip being bounded on the ` the Soy :nerl.y .zinc: oz' Ttle horthwe o to rly L D fee s- as measured perpendicu: ar to the Nortilivester�y line of " : +� r and bounded on the Southerly end b the curve r Lot l.i e Of said Lot 307., � d Southerly Als o; ,as mont 2 A strip of land ,,t 20 foot In Width, said he Nax�th�vstri. be - Northerly encs by the Southerly lino of p 1� bounded on the as eg: ,c:r ed perpendicular to the N'r`tlx:�rasterly 40 feet,, estorly .line of said Lot 307 , and bounded on the Southerly end, by the curved S of a.id Lot 307, the center line of said strip' be Qescri y Lase Bo,g n�.ir�,� at a paint in the Southerly�` ink described as ­ Bog eat which is a dis:��,rxc+� -of,, �.�.ne of said Nox`th��es ter1� f �?.0 feet Lauth 63 de�;,�,ees ,�� �,n. ute �'lest of the EftsteZ'1,� line of raid Lot 0 thence d.c� ees l3 minutes East ar�.�_ e �' 7, South 26 l 1 with the Ea-sto rly lines of said Z,at 3"0?, a distance of 21��a- f oo t- to an anii© paint; thenco Sari th j gees 28 Mims ,ea 19 soct7izds Wont,, along a rzidli al � � zea curved Southorl;r lino of : ald Lot, a d�:����.},:ce Of ~1. to t ,��� cur ed authe�rl ..tee t f Lot, 0 `c� -11d Lf :� 3 7o � id tho and of said st-"ip. 8325 , b a �� ..... . . . . . . ..... .. ........... .... .. . . . . . . . . . ......... . . . ........... .. .. . ........ or additi" to the easemer�ts granted herein sha- lot con- st Itute. of -i easements by mplicad ion or obliions _4 to gr -ant further or additional easements, and no such further or additional easements shall exist unless granted as provided herein. 4. As recited hereinabove, the easements granted herein are nonexclusive easements however, Opus,Alscor, the Trustee and NI -Gas agree that the rights retained by such parties in the easement areas shall not be used in such manner as to materially interfere with the rights granted to the Village in this Agreement or the performance by the Village of its obligations under this Agreement. 5. This Agreement is executed by American National Bank And Trust Company of Chicago, not personally, but solely as- Trustee as aforesaid, in the exercise of thepower and authority co-n-ferred upon and vested in it as such Trustee. All agreements and covenants of the Trustee are undertaken by it solely as Trustee as aforesaid, and not individually, and no Personal liability shall he asserted against American National Bank And Trust Company of Chicago by reason of any of the terms or provisions of this Agreement. IN' WITNESS WHEREOF, the parties hereto have executed thi-S Easement Agreement as of the date and year ,first above written. OPUS CORPORATION, authorized to transact business in Illinois as OPUS DESIGNERS, BUILDERS, DEVELOPERS, INC. By. -. Its: . . . ......... Attest. - By Its - . . . . ........... - — ---------- ALSCOR INVESTORS JOINT VENTURE By: Opus Corporatione author: zed "to transact bi,,is,* 0 11-1 SS aers,,, Deve'lopyrs Inc. ana0 11g, J0.1,[ Venturer t SEAL By. . . .......... . .... . .. . ........... By . . . . . ............. ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 9 ENTITLED "STREETS AND SIDEWALKS" OF THE VILLAGE COD19 OF MOUNT PROSPECT, ILLINOIS SECTION ONE.- Chapter ® entitled "Streets and Sidewalks" of _1J. -IT -1 —age Code of Mount Prospect,111inois, ®; as amended is i-erebv further amended by deleting therefrom, in itz en- tirety, aLrt'icle III, entitled "Signs and Awnings." SECTION TWO: This Ordinance shall be in full force and effect upon. its passage, approval and publication in,pamphlet form in accordance with law. PASSED AND APPROVED this day of AYES -0 NAYS -. ABSENT: VILLAGE CLERK VILLAGE PRESIDENT AN ORDINANCE TO ADD A NEW ARTICLE XXVIII ENTITLED "SIGN REGULATIONS" TO CHAPTER 14 OF THE VILLAGE CODE OF MOUNT PROSPECTI ILLINOIS WHEREAS, the Community Development Department of the Village of Mount Prospect has submitted an application for text amendment to add a new Article XXVIII of Chapter 14 of the Village Code of Mount Prospect, Illinois; and WHEREAS, said text amendment is for the purpose of providing sign regulations within the Village; and WHEREAS, the Official Comprehensive Plan of the Village of Mount Prospect recomends improved sign control for Commercial and Industrial Development to ensure a'high quality of design and to maintain property values; and WHEREAS, said text amendment is for the purpose of providing sign regulations within the various zoning districts ,of the Village; and WHEREAS, a public hearing was held on said zoning text amendment application (designated as Case No. ZBA-20-A-82) before the Zoning Board of Appeals of the Village of Mount Prospect on the 15th day of July, 1962, pursuant to proper publication of due notice thereof in the Mount Prospect Herald, on the 21st day of June, 1982; and WHEREAS, the Zoning Board of'Appeals has forwarded its fin -ding and recommendation to the Board of Trustees of the Village that the requested text amendment be approved to provide for certain sign regulations as provided therein; and WHEREAS, it is deemed to be in the best interests of the Village of Mount Prospect that said text amendment be adopted. aOWr THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTYl ILLINOIS: SECTION ONE: A new Article XXVIII of Chapter 14 of the Village Code of Mount Prospect, Illinois, 1981, as amended, is hereby added to said Chapter 14 to be entitled "Sign Regulations" and to read as follows: "ARTICLE XXVIII 14.2801. Purpose 14.2802. Scope 14,2803. General Provisions 14.2804. Illumination and Maintenance 14.2805 Administration and Enforcement 14,2806 Illustrations Sec. 14.2801. Purpose Purpose* The regulations of this Article are intended to coordinate the use, placement, and physical dimensions of all signs within the Village. The purpose of these regulations is to promote the public health, safety, and welfare by: A. Promoting the objectives, principles, and standards identified in the Comprehensive Plan for Commercial and Industrial Development; and B. Protecting the public from damage or injury caused by signs which are poorly designed or maintained and from distractions or hazards to pedestrians or motorists caused by the indiscriminate placement or use of signs; and I I GI) C. Maintaining property values by eliminating signs that are incompatible with the surrounding land uses; and D. Encouraging a viable economic environment through uniform control of signs; and E. Facilitating effective communication between the public and the environment through signs which are appropriate for the type of street on which they are located; and F. Encouraging quality sign design to promote a better visual environment; and G. Enhancing the physical appearance of the Villagq through a program which ensures the removal of inadequately maintained, illegal, and non -conforming signs within a reasonable time period. Sec. 14.2802. Scope A. Scope. The regulations of this Article shall go 7 vern and control the erection, alteration, relocation, maintenance, and removal of all signs within the Village. B, Exem2t,Signs. The following types of signs are exempted from the general provisions of this Article and all permit requirements therein: 1. Signs for the control of traffic or other regulatory purposes including signs for the control of parking on private property, and official messages erected by, or on the authority of, a public officer in the performance of his duty. I 2. Non -illuminated signs not to exceed two (2) square feet in area which identify the address and/or occupants of a dwelling unit or of an establishment, 3. Signs which identify restrooms, public telephones, or provide instructions as required by law or necessity, provided the sign does not exceed two -square feet in area or as approved by the Director. 4. Signs used to offer for sale, lease, or rent thetland 1� or buildings upon which the sign is located, provided: el a. The sign does not exceed ten (10) square feet in area or six (6) feet in height from finished,' grade, r, b. No more than one such sign is displayed per,� street frontage per lot, C. The sign is removed within seven days of the real estate closing or lease transaction, 5. Signs which direct or regulate the movement of pedestrians or vehicles into or within a site, provided: a. No more than one such sign is displayed per driveway entrance; and such signs displayed within the interior of a lot are approved by the Director, b. The sign does not exceed ten (10) square feet in area or six (6) feet in height from finished grade, cl, No more than ten percent (10%) of the area of the sign is used to advertise any business, product, a or service. 6. Fla9t-:) of 'iny natl*on,, state,, or political subdivision, ' d provi a. The flag is located in such a manner that no portion of the flag will project over any property line or contact any other structure when fully extended. b, If the flag is flown from a flagpole, such flagpole shall be a minimum of four (4) times the length of the flag but shall not exceed sixty (60) feet in height from finished grade. C. The flag is not displayed during hours of darkness unless directly and individually illuminated. d. Flags of the United States shall conform to all applicable federal statutes regarding the use and display of the U.S. flag. 7. Political signs displayed in accordance with an official election or Signs erected 'on behalf of candidates for public office, provided: a. The total area of all such signs on a lot does not exceed sixteen (16) square feet. b. The signs are removed within two (2) days after the election, 8. Banners or other signs applied to paper, plastic, or fabric used to decorate or attract attention to a business establishment, provided: a. The signs are displayed in conjunction with a grand opening celebration for a period not to exceed two (2) weeks, or b. The signs are displayed in conjunction with a special sale for a period not to exceed seven (7) days, or c. The signs are displayed no more than four (4) times per calendar year per establishment. 9, signs or decorations customarily displayed in conjunction with a national holiday for a period not to exceed sixty (60) days. 10. Sign-30 displayed in conjunction with a Village sponsored event as authorized by the Director, provided: a. The signs are displayed in conjunction with a grand opening celebration for a period not to exceed two (2) weeks, or b. The signs are displayed in conjunction with a special sale for a period not to exceed seven (7.) days, or C. The signs are displayed no more than four (4) times per calendar year. - 3 - 11. Non-illuminatcd signs constructed of metal or masonry which are pe-rmanently affixed to buildings or structures for the purpose of identifying the name of a building, date of erection, or other historical information as approved by the Director, 12, Notice boards for public or religious institutions or other uses as approved by the Director and primarily intended for pedestrians. 13. Temporary window signs provided the total area of permanent and temporary window signs occupy no more than forty percent (40%) of the window surface area,, 14. Signs which advertise a private garage or yard sale on the lot on which the sign is located, provided such signs are displayed no more than twice per year per dwelling unit for a period not to exceed three (3) days. 15. Scoreboards, for athletic fields. 16. Religious symbols located on a building or lot used for organized religious services, 17. Signs affixed to door glass which identify the name and/or address of an establishment. Sec. 14.2803. General Provisions A. Prohibited Signs, This Article shall be considered to be a positive document, wherein signs not specifically ' i permitted 'Shall be prohibited. However, the following signs are specifically prohibited in the Village of Mount Prospect: 1. Any sign which is determined by the Director and the Chief of Police of the Village of Mount Prospect to constitute a traffic hazard by reason of size, location, content, color, or type of illumination, 2. Any sign which is located in or which *extends over the public right-of-way except as otherwise permitted under these regulations or as authorized by the Village Board. 3. Any sign which moves or assumes a non -stationary position by mechanical means or under normal wind currents except flags banners, and barber poles as regu^' ated herein, 4. PortFble signs as defined herein. 5. Any sign painted directly on exterior building surfaces, B. Permi"--ted On-Premis.,e.Signs. The following signs shall be pe�rmitt'ed in the Village as accessory structures, subject to all applicable standards: 1. Freestanng Slllg-,ns: a. Number: No more than one freestanding sign per street frontage per lot shall be permitted. I b. Area and ".Height: No freestanding sign shall exceed the maximum area and height as specified in the Table of Sign Requirements, Table 2. ce Business identification: No freestanding sign shall identify more than two (2) individual establishments on a lot. d. Distance From Structures: No freestanding sign shall be located closer than ten (10) feet to a building, nor closer than 100 feet to another freestanding sign on the lot, e. Setback: No freestanding sign shall be located closer than five (5) feet to an exterior property line, nor closer to an interior property line than specif fed in Table 1: 1 TABLE 1, MINIMUM DISTANCE FROM INTERIOR LOT LINE (Feetj, Street Classification Local Collector Arterial Signs not exceeding fifty (50) square feet in area or five (5) feet in height, from finished grade 30 40 Signs greater than fifty (50) square feet in area or five (5) feet in height, from finished grade W 50 60 f. Distance Measurement: The location of a freestanding sign shall be measured as the distance between the point of reference specified and the closest point on the sign, 9th S qht Irian g e: Freestanding signs within any s -- ight tr 1111"i'laii—gle shall be constructed and maintained in such a manner that a clearance is maintained from three (3) to eight (8) feet from established grade, h. OveKhanq: No freestanding sign may overhang any part of a structure, parking or loading spacer driveway, or maneuvering aisle. 2. Nall _si�ns: a. Number: A maximum of one wall sign per street frontage per establishment shall be permitted, except that:, 1. The Director may authorize additional wall signs for distinct uses within an establishment, provided the use has a separate entrance from the exterior of the building. 2. One wall sign may be permitted on walls not facing a street, provided the wall is at least fifty (50) feet from the nearest property line or another building on the lot, 3. Wall signs may be permitted which identify the rear entrance of an establishment provided such sign does not exceed ten (10) square feet. b S, ,aignatle Wall Area: Each wall sign shall be located within a selected signable wall area. The veytical dimension !4. such signable wall area shall not exceedfeet, C. SiqE_Limits.- Signable wall area shall not extend above the roof line of a building or beyond the I premises of a particular establishment, d, Percentage of Area: The area of a wall sign shall not exceed the maximum percentage of signable wall area as specified in the Table of Sign Requirements, Table 2, or ten (10) square feet, whichever is greater, W� No wall sign shall project from the building wall more than eighteen (18) 'inches. 6i HeLqbt. The maximum height of a wall sign shall be thirty (30) feet from finished grade or two (2) stories, whichever is less. a. Number: Where permitted in the Table of Sign Requirements, Table 2, one projecting sign per street frontage per establishment shall be ittedr provided no other signs for such permi establishment are located on the same building wall'. b. Area.- The area of a pro'ecting sign may not exceed sixteen (16) square feet, ce Height: No pro3ecting sign shall extend above the roof line of the building on which it 'is located or 14 feet from finished grade, whi 0 ehever is less, d, Proi2ction-0 No projecting sign shall project from the building wall more than four (4) feet, e. Clearance: Pro'ectling signs shall be located 3 such that a clearance of eight (8) feet is maintained from finished grade to the lower edge of the sign face. 4. Roof Signs: a0 where permitted in the Table of S' ign Requiremr,nts, one roof sign per street frontage .,jer estab-iiishment shall be permitted, provided no wall sign is directed to the same street frontage, '70CEII -i"On': k roof sign shall be located on a b* J, decorative mansard, penthouse, or other architectural element of a building which extends vertically beyond the roof line, and shall be gle-faced and mounted as a wall sign, with no visible angle -iron, guy wires, braces, or secondary supports, C. Signable Area.- Each roof sign shall be located within a selected signable wall area. Signable wall area for roof sign shall not extend beyond the dimensions of the mansard, penthouse, or architectural element on which the sign is located. The vertical dimension of signable wal 11 area shall not exceed six (6) feet. - 6 - d. Percenta e, of Area: The area of a roof sign shall not exceed, the maximum percentage of signable wall area as specified in the Table of Sign Requirements, Table 2. e. Pr2itction: No roof sign shall project from the building surface more than eighteen (18) inches as measured at the lower edge of the sign, 5. CanoRYAMarqueel, Signs: Where •permitted •in the Tabl' I of Sign Requirements, Oi canopy signs shall be permitte 4 sub,lect to the following: a. LocatIL,on: Canopy signs may be mounted on the face of the canopy proper, provided no wall signs are directed to w street frontage. The area of such canopy signs shall not exceed the maximum percentage of signable wall area as speed in the Table of Sign Requirements, Signable Wall area for canopy signs shall not extend beyond the canopy face on which the sign is located, bo Under Cano py An additional canopy sign may be mounted on the underside of a canopy, perpendicular to the building wall, provided no more than one such sign is installed per establishment. The area of such'canopy sign shall not exceed four (4) square Co Projection-. No canopy sign shall project nore than eighteen (18) inches from the canopy proper. do Clearance: A clearance of eight (8) feet shall be maintained from finished grade to the lowest point on the sign, 6. Awninq Siqns. Individual letters, words, or symbols may be affixed or applied to any awning surface, provided the area of the awning sign does not exceed 20% of the exterior surface area of the awning, 7. Window Where' permitted in the Table of"Sign Requirements, Table 2, signs may be 'permanently -, affixed or applied to window glass, provided the area of the window sign does not exceed 20% of the window surface area, exclusive of superficial borders and trim, C, ke1 l 1u Advertising signs shall be permitted on unimproved lots only, subject to the following: I I Numbe,_­: No more than one advertising sign per street fronter lot shall be permitted, 2. Area d_qftj2121: The area and height of advertising signs 3Dhall not exceed the maximums specified in the Table of Sign Requirements, Table 2, for undeveloped land, 3. Distance to Residential: No advertising sign shall be located closer than 100 feet to a residential zoning district. 4. Distance Between �.�ns,: No advertising sign shall be located closer than 100 feet to another such sign on the same lot. 5. Setback: No advertising sign shall be located closer than five (5) feet to an exterior property line, nor closer than seventy-five (75) feet to an 'interior property line, - 7 - D,D Irx S Ro iqn_,!��u�irements: All signs perm- -ed in the Vlllag��o�f,.MGGnt Prospect shall be erected accordance with the specifications set forth 'in the Table of Sign Requirements (Table 2) by land use category, street classification, and Proximity to residential zoniong districts. 1. Signs llz-"-..ated within one -hundred (100) feet of a residential zoning district shall conform to the standards speced in Table 2.1. All other signs shall conform to the standards specified "in Table 2.2. 2. "Land Use Category" shall refer to the classification of the primary use of the premises on which a,sign is lo * cated as set forth in Table 3. Establishments shall be classi- fied by the Director as residential, institutional/office, industrial, commercial, or undeveloped according to the appropriate land use code. 3. "Street Classification" shall refer to the functional classification of the street to which a sign is Oirected. The set functional classification of Village streets1l forth 'in the Comprehensive Plan of the Village of Mount Prospect. The street classification for any sign shall be determined by the Director. Signs directed to more than one street shall be considered to be directed to the more intense classification. TABLE 2, TABLE 'ilk SIGN REQUIREMENTS _'TXBLE- 2.1. _'.-6ijns Locatid Within, -100 Feet of a Residential Zoning District TABLE 2.2. Signs Not Located Within 100 Feet of a Residential Zoning District SIGN TYPE FREESTANDING WALL ROOF CANOPY PROJECTING AWNING WINDOW I..'A"LID USESTREET CLASSIFICATION 1 Area. . .... . . . .... . Height 2 (S Signable Wall Area*), Inst./Office Local or Collector Residential Loc -al or Collector 25 a 20% NP" NP NP NP NP 45 Secondary Arterial 30 10 204 NP NP NP NP NP 50 M�2jqr Arterial 35 12 20% NP NP RP NP NP Inst./Office Local or Collector 30 10 301 30% 30% P P P 50 Secondary Arterial 40 12 30% 30% 30% P p P 55 Maj�or A.r.terial 45 14 3,01 3,0% 30% NP P Local or Collector Industrial Local or Collector 30 10 30% 30% 30% NP P P 65 Secondary Arterial 40 12 30% 30% 30% NP P P 75 Majo,r Arterial 45 14 30% 30% 30% HP p P Con-.ierci-d Local or Collector 40 ?, NP 40% $)% P P P 150 Secondary Arterial 45 14 40t 40% 40t P P P 150 ajok Arterial 50 16 40% 40% 401 NP, P, P TABLE 2.2. Signs Not Located Within 100 Feet of a Residential Zoning District NP: Not Permitted I Maximum permitted area in square feet. `Maximum height from finished grade in feet. 8 SIGN 'TYPE .. ........... FREESTANDING WALL ROOF CANOPY PROJECTING AWNING WINDOW LAND USESTREET CLASSIFICATION Area 1 Height 2 (% Signable Wall Area) Inst./Office Local or Collector 35 10 40% 40% 40%* P P Secondary Arterial 45 12 40% 40% 401 p P P -Major Artcria1, 50 14 40% 40% 40% NP P P Industrial Local or Collector 40 12 40% 40% 40% NP P F Secondary Arterial 50 14 40% 40% 40% NP P P Major Arterial 55 16 40% 40% 40% NP P P Commercial Local or Collector so 14 50% 50% 50%p P P Secondary Arterial 65 16 50% 50% 5019 P P P Major Arterial 75 18 50% 50% 50% NP F; P Undeveloped Local or Collector NP NP NP NP NP NP NP NP Secondary Arterial 150 18 NP NP NP NP NP NP Major Arterial 150 is NIP NP UP NP NP NP P: Permitted NP: Not Permitted I Maximum permitted area in square feet. `Maximum height from finished grade in feet. 8 Land Use Catnor: _y Standard Land Use Code R13SIDENTIAL Group Quarters Other Residential (residential developments) INSTITUTIONALJOFFICE Finance, insurance, and Real Estate Services Business Services Professional Services Government Services Educational Services Miscellaneous Services (religious activities) Cultural Activities Parks "I R IMMKV ".. Manuf acturing Transportation Communications Utilities Wholesale Trade Contract Construction Services Agricultural Related Activities Transient Lodgings Automobile Parking Retail Trade Personal Services Repair Services Public Assembly Amusements Recreational Activitiel VELOPED Undeveloped and Unused Land Areas 1200 1900 6100 6300 6500 6700 6800 6900 7100 7600 21-2900, 31-3400, 3900 41001 4200 4700 4800 5100 6600 8200 1500 4600 52-5900 6200 6400 7200 7300 7400 E. Bonuses. To encourage quality in sign design, the maximum sign areas for on -premise signs as set forth in the Table of Sign Requirements, Table 2, may be increased by a specified percentage for compliance with the design criteria listed below. Any signs erected under the bonus provisions contained in this Section shall be adequately and continuously maintained, including landscaping as provided herein, by the tenant and owner and such successors and assigns as benefit from the bonus provisions in this Section. Bonuses shall be granted cumulatively for compliance with each of the criteria. The percentage increase shall be based on the original maximum sign area allowed, le Fifteen percent (15%) bonus for any freestanding sign which is erected in a landscaped area; provided such area contains a minimum of two (2) square feet for each square foot of the resultant sign, with the landscape design to be approved by the Director, - 9 - 2. Fifteen percent (15%) bonus for any freestanding sign which is the only freestanding sign on a lot on which more than one such sign would otherwise be permitted, 3. Fifteen percent (15%) bonus for any wall sign which consists of individual letters or words mounted directly on the building surface. Ten percent (10%) bonus for wall signs within a shopping center of more than three establishments; provided such signs use uniform or complementary background and sign colors as approved by the Director, 0 5. Ten percent (10%) bonus for any sign which is constructed of or integrates natural wood or brick into the sign, the design of which is approved by the Director, F4, s2ecial• 1. Director Sl*gns: Directory signs which identify only the names and locations of occupants or uses within a building or on a lot shall be permitted in addition to other signs permitted under these regulations, a. No more than one (1) directory sign per lot, bo, No directory sign shall exceed twenty (20) square feet in area or eight (8) feet in height from finished grade, I C. No directory sign shall be located closer than Fifty (50) feet to any property line* 2, Gasoline Price S1'2,ns; Freestanding signs for automobile service 'Stations which are used for gasoline pricing information only, shall be permitted in addition to other signs permitted under these regulations. a* No more than one (1) such sign per street frontage per lot, b. Such sign shall not exceed twelve (12) square feet in area or twelve (12) feet in height from finished grade, C. Such sign shall be located in such a manner that a minimum clearance of eight (8) feet is maintained between finished grade and the lower edge of the sign face. 3. j�qgog�:A,Po hs: In addition to other signs permitted under these regulations, wall -mounted logographs shall be permitted, provided: ,a. No more than one (1) logograph may be permitted per street frontage per establishment, except tht a logogriph may be permitted on a wall not facing a street, provided the wall is at least twenty- five (25) feet from the nearest property line. b. Such logogriph shall not exceed twenty-five (25) square feet in area, 4, Menu Board: One (1) Menu Board for a drive-in or drive --through restaurant shall be permitted in -addition to other signs permitted under these regulations., provided such sign does not exceed sixteen (16) square feet in area or eight (8) feet in height from finished grade, 5. Ch,ii�napable Cam 'Ou" Manual changeable copy signs shall be permitted when incorporated into a permitted wall or freestanding sign sub3ect to all applicable standards_ a. Lettering used on manual changeable copy signs directed to local or collector streets shall be at least three (3) inches in height. b. Lettering used on manual changeable copy signs directed to secondary or major arterial streets shall be at least six (6) inches in height. 6. Flags: Flags of any business, corporation, t itution,, or other public or private organization ns shall be permitted in lieu of an otherwise permitted freestanding sign. a. No such flag shall exceed fifty (50) square feet in area. b. Such flags shall be flown from a pole which measures at least four times the length of the flag. CIO The pole shall not exceed sixty (60) feet in height from finished grade and shall meet all location requirements specified for freestanding signs as measured from the nearest edge of the flag when fully extended. 7, Tem2orary Lease Sale Signs,: Temporary wall or freestanding signs which contain information regarding the sale or lease of real property, identification of a prospective business, or identification of a construction project shall be permitted for a period not to exceed one (1) year. a. No more than one temporary sign shall be displayed per street frontage per lot, b. Temporary signs located within 100 feet of a residential zoning district shall not exceed' twenty-five (25) square feet in area or six (6) feet in height from finished grade. C. Temporary signs located more than 100 feet from any residential zoning district shall not exceed fifty (50) square feet in area or ten (10) feet in height from finished grade. J. Temporary signs shall comply with all location requirements for wall or freestanding signs. G. Special Use. The following signs may be allowed by special use, permit issued in accordance with the provisions of Article VII of this Chapter and all applicable standards: 1. Electronic Mes;aqe Centers. a. The Electronic Message Center shall serve the public convenience at that location and shall be located no closer than 600 feet to another such device directed to the same street, b. The sign message shall periodically 'include public service information such as time, temperature, date, weather, traffic conditions, or other nessages of interest to the traveling public. coo The Electronic Message Center shall be designed and located such that the entire sign message will be legible to the motorists viewing the sign, dal The sign structure shall conform to all applicable regulations as specified in this Chapter. e, The sign message shall not consist of flashing, scintillating, chasing, or animated lights, and shall not change more frequently than once every two (2) seconds . 2, Deve102ment Identifications Si ns. a. Such signs shall not exceed twelve (12) feet in height from established grade nor nine (9) feet from finished grade. k. Such signs shall be a maximum of seventy-five (75) square feet in area provided, however, that in any development which exceeds seventy-five (75) acres, an additional one (1) square foot of sign area for each additional acre of such development shall be allowed, to a maximum of.one hundred fifty (150) square feet in area, C. Such signs shall be located a minimum of twelve (12) feet from any property line. H. Special Areas of Control, The Village Board may designate geographic areas within the Village of Mount Prospect as a "special area of control" for purposes of these regulations. A special area of control is an area in which special standards are drafted in order to incorporate awi 'der variety of sign design. 1, The Director shall prepare a map showing all designated areas of special control. 2. Areas of Special Control shall include the following: a Central Business District, In the Central Business District Special Area of Control (Exhibit 1). 1. Signs permitted under these regulations may extend over the public right-of-way as follows: 0 Pro3ecting Signs: Four feet or to within two feet of the curb line, whichever is less, a Canopies or Awnings. The lesser of five feet or to within two feet of the curb line; provided no posts,, columns, or braces extend beyond the property line, El Sec., 14,2804, Illumination of Maintenance AD I Illuminatil,on. Any sign permitted under these regulations may be illuminated, provided such illuminatio complies with the following: I 1. With the exception of Electronic Message Centers, all illuminated signs within 100 feet of any residential zoning district shall be turned off between the hours of 11:00 p,.m.., and 7:00 a.m. unless the establishment is engaged in the operation of its business during such period. E. Illumination shall be installed or applied such that: - a, The light source is contained within the sign an�? is visible only through a translucent surface or recessed into the sign structure; or b The light source is external to the sign and is directed to and concentrated on the sign; or C. The light source is supplied by neon tubing. 3. Illumination shall be prevented from striking or causing a glare on the street or nearby properties. 4# Floodlights, gooseneck reflectors, or other external sources of illumination shall be contained within a protective casing. 5. Illumination shall be constant in intensity and color and shall not consist of flashing, animated, chasing, or scintillating lights, Electronic Message Centers, as defined herein, shall not be considered "flashing" signs for the purposes of these regulations. B* Maintenance, 1. The owner of a sign and the owner of the premises on which such sign is located shall be jointly and severally liable to maintain such sign, including any illumination sources in neat and orderly condition and good working order at all times, and to prevent the development of any rust, corrosion, rotting or other deterioration in the physical appearance or safety of such sign. 2. The owner of any sign regulated by this Article shall, be required to have painted properly all parts and supports of the said sign when necessary unless the same are galvanized or otherwise treated to prevent rust or deterioration. Sec. 14.2805. Administration and Enforcement A. Permits Reg.!11�ed, 1. Unless otherwise exempted under this Article, no sign shall be erected, altered, or relocated without a permit for such sign, issued by the Village with the approval of the Director as required by this Article. 2. No,permit shall be required for repainting, cleaning, and other normal maintenance or repair of a sign structure for which a permit has been previously issued, 3. Application for erection permits under this Article shall be' made upon forms provided by the Director and shall include the following information: a. Name, address, and telephone number of: Applicant and/or Establishment; Owner of sign (if other than above); Person erecting, altering, or relocating sign; Sign manufacturer; and Electrical Contractor (if applicable) and Registration Number and City of Registration, b. Scaled site plan of property on which a sign is located, showing the location of the sign on the lot in relation to buildings, property lines, driveways, and other signs on the lot. C. Plans and specifications of the sign, including method of attachment to ground or surface. Applications for permits for freestanding signs shall include a drawing, sketch, or photograph, which shall be to scale, of the sign showing all graphic elements and relevant dimensions. Applications for permits for signs other than freestanding signs shall include a drawing, , sketch, or photograph, which shall be to scale, of the entire building wall showing the proposed sign and all graphic elements, in relation'to the building facade, including all windows, doors,.. and major architectural features, and the selected signable wall area, where appropriate. All relevant dimensions shall be included. d. Written consent of the owner of the building, structure, or land on which a sign is erected, e. A copy of stress sheets and calculations showing that the sign structure meets or exceeds the standards specified in Chapter XXI, Article VII for wind pressure. f. Electrical permit as required in the Mount, Prospect Building Code. 9* Other information as may be required by the Director to show full compliance with this Article and all other ordinances of the Village, 4. Every applicant, before being granted a permit hereunder, shall pay to the Village the following fee for each sign structure: a. Non -illuminated signs: $25.00 plus $.25 per square foot of sign surface area of the proposed sign, b, Illuminated signs: C. Temporary signs: $35.00 plus $,35 per square foot of sign surface area of the proposed sign, $50.00 plus a $250.00 cash deposit for each such sign to guarantee the removal of same; said deposit to be returned to the applicant upon the removal of the sign upon the expiration of the permit issued, B, Issuance of Permit. It shall be the duty of the Director, upon, the filing of an application for a sign permit, to examine such application for compliance • with this Article and other Village Ordinances. Thereupon said permit shall be issued if all ordinances have been complied with, 1. If the work authorized under said permit has not been completed within one year following the permit issue date, said permit shall become null and void. 2. If any sign is erected, altered, or relocated after the date of adoption of this Article and without receipt of a permit, the speed permit fee shall be doubled. However, such payment shall not relieve any 10 person of any other requirement or• penalties prescribed in this Article. C. 'Indemnification, 1. Every applicant for a permit for a sign which will extend over or be located within a public right-of-way shall file with the Village of Mount Prospect a 0 liability insurance policy covering all damage or injury that might be caused by the sign, or certificate of insurance issued by an insurance company authorized to do business 'in the State of Illinois, with limits of liability of not less than $50,000 for property damage and $300,-000 for personal I injuries, with the Village of Mount Prospect, its officers, agents, and employees named as additional parties insured. Such policy shall be maintained in force throughout the life of the permit, and if at any time it shall not be in full force, the permit shall become null and void, E Abandoned Si,„Lns, 1. Any sign which is located on property which becomes vacant or any sign which pertains to a use or activity which no 1nnger applies shall be deemed to have been abandoned. 2. Any sign which has been deemed abandoned shall be removed, or have the face replaced with a weatherproof, blank face by the owner,agent or person having the beneficial use of the building, structure or lot upon which such sign is located within ten (10) days after the sign is abandoned. If such sign is not -emoved, or face replaced,, within ten (10) days of being abandoned the Director shall give written notification to the owner of such failure and, ten (10) days hence, shall cause removal of such sign with any expense incident thereto to be paid by or be recoverable from the owner of the building, structure, or lot upon which the sign is located; and said expense shall be a lien upon such premises until paid, 3, The cost of such sign removal incurred by the Village is re v 'Co erable from the owner or owners Of such real estate and is a lien thereon, which lien is superior to all 'prior existing liens and encumbrances, except taxes; provided, that within sixty (60) days after such sign removal, the Village who incurred such cost and expense shall file notice of lien of such cost and expense incurred in the.office of the Recorder of Deeds of Cook County or in the office of the Registrar of Titles of Cook County if,the real estate affected is registered under the Torrens system, a. The notice must consist of a sworn statement setting out: (i) A description of the real estate sufficient for identification thereof; (ii) The amount of money representing the cost and expense incurred; and (iii) The date or dates when the cost and expense was incurred by the Village or by the lien holder of record. b,o Upon payment of the cost and expense by the owner of or persons interested in the property after notice of lien has been filed, the lien shall be released by the Village in whose name the lien has been filed and the release may be filed of .record as in the case of filing notice of lien. C. The lien may be enforced by proceedings to foreclose as in the case of mortgages or mechanics' liens, d. Suit to foreclose this lien must be commenced within three (3) years after the date of killing notice of lien. F,o Non-conformtaq-s* ns Any sign lawfully existing or under construction on the adoption date of the Article which does not conform to the provisions contained herein, may be continued or maintained subject to the' following: 1. The owner or beneficial user of any non -conforming sign shall maintain such sign in good condition and repair, provided that said sign shall not be changed or altered in any manner including face changes, shall not be changed to another non -conformity; shall not be expanded; shall not be structurally altered to prolong its useful life; or shall not be moved in whole or part to any other location where it would remain non -conforming.' 2e Any non -conforming sign which is damaged or destroyed by any means to the extent of 50% of its present value shall be terminated immediately, - 3. Unless provided for in Section 1. 2 or 4 of this subparagraph F,non-conforming signs, including those which have previously been granted variance*, maybe continued for. a period of ten (10) years from the date of adoption of this Article. Thereafter, such sign shall be made to conform by means of alteration, relocation, or removal, 4. Non -conforming signs which are within 10% of compliance of any height, area, or locationAl reqdirement and which conform to all other provisions' of this Article shall ' be considered conforming for purposes of these regulations. Sec. 14.2806, Illustrations. The following illustrations pertain to the regulations .contained in this Article: ILLUSTRATION 1. SIGNS SiGrJTYPES ILLUSTRATION 2. SIGN AREA --FREESTANDING FREESTANDING 151GW5 p INGI.E SiGNs FACE ` W P0�1-E covER A�?EA -cA-<6) ARCA =AA� yROUND a 51GN5 AREA = Ay, D _. 20 - WINPO'*vVI ILLUSTRATION 4 SIGNABI-E AREA ILLUSTRATED WINPOW Ak?�A A40 50% or 51GNAgL5 Wa�L AREA --- 48 50. FT. ** 20 7o Or 51QNABI-E WEA 3 54 r T-. Signable area varies with the land use and distance from a residential,zoning district. - 21 -- iLLU-STRATION 5-. 1-,- SIGNS WITHIN GABI �16NAE��� WA�� AK�A 1��U�Tf�AT�p ;,NABI.E WALL EA -54 5Q FT WINDOWS 507* OF 51GNABI.E WALL AREA- 27h4.FT. 50)154) r'F SECTION TWO: This Ordinance shall be in full force and effect its passageapproval and publication * t fm upon 1 r in pamphleor in accordance with law. PASSED AND APPROVED this day of ''Ar AYES: NAYS. - ABSENT: VILLAGE PRES IDENT ATTEST: VILLAGECLERK ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 ENTITLED "ZONING" OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, the Village of Mount Prospect, as Petitioner, has submitted a Petition for various text amendments to Chap- ter 14, entitled "Zoning" of the Village Code of Mount Prospect,, Illinois; and WHEREAS, said text amendments include and pertain to the regulation of signs within the various zoning districts of the Village; and WHEREAS, said zoning amendments have been forwarded to the Zoning Board of Appeals which Board has held a public hearing *n the subject requests under Case No. ZBA 20-A-82 on the 15th day of July, 1982, pursuant to due and proper publication thereof; and InAEREAS, the Zoning Board of Appeals has submitted its findings and recommendations pertaining to the various zonin amendments under Case No. ZBA 20-A-82' to the President and Board of Trustees of the Village of Mount Prospect; and I WHEREAS, it is deemed to be in the best interests of the Village of Mount Prospect that said text amendments be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECTy COOK COUNTY, ILLINOIS: SECTION ONE, Chapter 14, entitled "Zoning" of the Village Code of Mount, Prospect, Illinois, 1981, as amended, is hereby further amended as follows: P By amending Section 14.101 thereof entitled "Scope of Regulations" to add a new sub -section H to read: "H. To fail to make or maintain improvements required by this Chapter, or required by any conditions of var- iation or special use authorized by this Chapter, or by any sign bonus provisions authorized by this Chap- ter 14." B. By amending sub -section D of Section 14.504 thereof entitled "Jurisdiction" to read: "Do To hear and decide applications for variations from the regulations and restrictions contained in this Chapter as follows-, 1. In all cases in which the variation will not re' duce the minimum yard requirements or minimum lot area, width, or depth required by this Chapter by more than twenty-five percent (25%), or increase the maximum height permitted by this Chapter by more than twenty-five percent (25%); 2. In all cases in which the variation will not vary the maximum height or area requirements or the minimum distance requirements for permitted signs by more than twenty-five percent (25%)." C. By amending sub -section C of Section 14.602 thereof t4 er, 11 --led "Application for Variation" to delete sub- paragraph 2.d. in its entirety. By amending sub -section A of Section 14.604 thereof entitled "Authorized Variations"to add a new sub- paragraph 9 to read: "9. To vary the regulations by no more than twenty- five percent (25%) relating to signs with respect to maximum height or area or minimum distance re- quirements." E. By amending sub -section C.2. of Section 14.702 there- of entitled "Application for Special Use" to read: 112. Payment of filing fees shall be as follows: k . Regular hearings for signs -- $200-00 b. Regular hearings for all other special uses shall be determined on the basis of the area of the land with which the special use is concerned pursuant to the following schedule: (1) 20,000 square feet or less -- $25-00 (2) In excess of 20,000 square feet but less than one acre -- $125.00 (3) one acre but less than 5acres in area $250.00 (4) 5 acres but less than 10 acres in area $900.00 (5) 10 acres but less than 15 acres in area -- $1,200.00 (6) 15 acres or more in area -- $1,500.00 C. Special hearings will be held at a time mu- tually agreed upon by the petitioner and the Zonina Board of Appeals; provided further, that the petitioner pay a special hearing fee in an amount equal to two hundred dollars ($200.00) over and above the foregoing scheduled fees. 1.1'4, By adding or replacing the provision "Signs, insofar as may be permitted in this Chapter" to the permitted uses set forth in the following sections thereof, to -wit: Section 14.1001.A.7. Section 14.1701.A.2. Section 14.110I.A.T. Section 14.1 01 E. Section 14.1201.A.7. Section, 14.1901,.G. Section, 14.1301.A. 8. Section 14.2001.A.15. Section 14.1401#A*9* Section 14.2101.A.25. Section, 14.1 0i. ..10. Section 14 . 2 2 O� 1, A. 13. Section 14.1601. C - Section, 14 .2301 L. G. By deleting the provision pertaining to signs as a prohibited use in the following Sections thereof, to -wit: Section 14.1001.B.1. Section 14.1101.B.1. Section 14.1201.B.1. Section 14.1301.B.1. Section 14.1401.B.1. Section 14.1501.B.1. Section 14.1701.B.3. Section 14.2001.B.2. Section 14.2201.8.60"' Hol By amending sub -section A of Section 14.2503 thereof entitled "Standards" to add a new sub -paragraph 10 to read ""10. That signs within the Planned Unit Development shall be in harmony with the spirit and intent of Article XXVIII of this Chapter. a. The size of signs shall be appropriate for the intensity of the adjacent street or driveway. b. Signs shall be located in such a manner that they do not conflict or compete with other signs or structures and serve the public convenience at that location. Co. The design of any sign shall be compatible with and complimentary to: (1) The nature of the establishment it identifies. (2) The character of the surrounding area. (3) The architecture of the building with which it is associated. (4) other signs within the development. doSigns shall identify only the name or address of an establishment and/or the primary product or service offered. e. Freestanding signs shall be erected in a landscaped area containing a minimum of one (1) square foot for each square foot of the sign area." I. By amending sub -section B of Section 2506 thereof entitled "Amendment of Planned Unit Development" to read: "IB. However, the Village Manager of the Village may approve such field changes in the construction of or signs within the planned unit development as in his judgment shall not constitute a substantial deviation from the specific planned unit development ordinance. Before any such changes approved by the Village Manager may become effective, however, the Village Manager shall within seven (7) days notify in writing the President and Board of Trustees of the Village of such changes and the President and Board of Trustees - shall, at their next regular meeting, ratify the action of the Village Manager or deny such changes until an amendatory ordinance has been adopted in accordance with the provisions of this section." J. By amending sub -section B of Section 14.2602 thereof entitled "Rules and Definitions" to delete therefrom the following: "GRADE OR That elevation established by the GRADE LEVEL: Village for the proper level of the sidewalk at the street lot line. Where the sidewalk does not adjoin the street lot line . grade at the street lot line shall be determined by taking the elevation, established by the Village for the street or curb and adding thereto an'amount equal to, one- third of an inch (1/3") for each foot of horizontal distance between said edge of street curb and said street lot line; on an alley, grade shall be that elevation ation which is commonly termed "alley grade at the property line." LOT Portion of platted territory measured , I set apart and subdivided as a distinct parcel having its principal frontage upon a street and shown upon a plat of subdivision or resubdivision approved ,by the President and Board of Trustees of the Village and so recorded by the Recorder of Deeds of Cook',County, Illinois, or so registered by the Registrar of Titles of Cook County, Illinois, as the case may be. LOT LINES.- The lines bounding a lot." and to add thereto the following , to read: "ADVERTISING SIGN: Any sign which directs attention to any promotion, business, commodity, service, or activity which is not conducted, sold, or offered on the lot 6. upon which the sign is located. AWNING: A roof -like structure made of cloth which projects from a building for the purpose of shielding a doorway or window. BANNER/PENNANT: Any sign applied to or''constructed of paper, plastic, or fabric of any kind with or with- out frame, and with or without design or lettering, used to decorate or attract attention to a location, object, institution, product service, or business. Flags of nations, states, political subdivisions, businesses, or institutions shall not be considered banners for purposes of this chapter. BUILDING: Any structure permanently affixed to the ground with a permanent roof, separated on all sides from adjacent open space by exterior or party walls; built for the support,,', shelter, or enclosure of persons, animals, chattel, or movable property of any kind. CANOPY (MARQUEE): A permanent hood, ,awning, or roof - like construction which projects from a building wall for the purpose of providing.shelter or protection from the weather. CHANGEABLE COPY SIGN: Any sign that is designed or �used --s—o--that —c'h,aracters r letters, or symbols can be manually changed or re -arranged without altering the surface of the sign. DEVELOPMENT IDENTIFICATION SIGN*- A sign which iden- Efiesthe name of a development consisting of at least five (5) business establishments when the development comprises a minimum of thirty (30) acres. DIRECTOR: The Director of Community Development of the Village of Mount Prospect, and/or his duly auth- orized agent(s). DIRECTORY SIGN*- A sign which identifies only the names and locations of occupants or uses within a building or on a lot. ELECTRONIC MESSAGE CENTER: Any sign which uses Chang_ ung to -form a sign message or messages wherein the -sequence of 'messages and the rate of change is electronically programmed and may be modified by electronic processes. ERECT.- To build, construct, erect, attach, hang, place, suspend, or affix. ESTABLISHMENT. - a. An institution, business, or industrial activ- ity that is the sole occupant of one or more buildings having frontage on at least one public street, or b. An institution, business, or industrial activ- ity that occupies a portion of a building such that the activity is a separate and distinct business from the other activities within the building. FLAG: A construction of fabric, plastic, or paper depicting through symbols, characters, design, or letters, a nation, political sub -division, institu- tion, or business when hung, without frame, from a staff or pole. FREESTANDING SIGN,.- Any sign placed upon or supported by structural ment)ers placed in the ground independent- ly of any other structure on the lot. GRADE: The elevation above can sea level used for establishing" the following• a. Na , tural Grade - the normal contour of the land prior to alteration or improvement; b. Base (established) Grade - the point at the top of the established curb or, where no curb is established, the center line of the road; c Finished Grade - the elevations or contours resulting from excavation or filling as ap- proved by the Village. ROOF LINE: The top of the parapet of a building with a flat roof, the deck line of a building with a mansard roof, or the eave line of a building with a gable, gambrel, or hip roof. ROOF ' ST) N: A sign that is mounted on a roof of a building or which is wholly dependent on a building for support and which projects abovethe roof line of a building, with the exception of,"wall signs located wn the triangle of a ga'ble end. SIGHT TRIANGLE: A triangular area e9tablished at the intersection of two streets or a'street and a driveway in which nothing is erected, planted, placed, or allowed to grow so as to limit or,obstruct the sight distance of motorists. Such a,'.,triangle shall have legs of twenty-five (25) feet along the rights- of-way when two streets intersect an4 ten feet (101) along the right-of-way and driveway When a street and a driveway intersect. SIGN: Any surface, object, device, display, structure, or fabric which is used to advertisel identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means; including but not limited to words, figures, designs, symbols, fixtures, colors, illumination, projected images, or forms shaped to resemble any human, animal, product, or object. SIGN AREA: The area of a sign, measured as follows; a. Freestanding or projecting signs shall be mea- sured as the area within a single rectangle which encompasses the extreme limits of each and every sign face, including all advertising surfaces, background, framing., and ornamenta- tion; but excluding structural, members not forming an integral part of the display or pole covers which contain no advertising copy. The area of all such faces shall be totaldd and such resultant area shall.be divided by two ( 2 ) to determine the total sign area. b. All other signs shall be measured as the area within a single rectangle which encompasses all letters, words, symbols, or other graphic elements, plus any background area which does not appear as a continuous portion of the building surface. SIGN FACE.- The surface or surfaces used for the dis- play of a sign message as seen from any one direction. SI AS WALL AREA: The area within 'a rectangle which encompasses a continuous portion of a building facade, unbroken by windows., doors, or major architec- tural interruptions of the building surface. For signs located completely within a gable, signable wall area may be triangular in shape. -7- TEMPOr�RY SIGN '- Any sign intended for a limited .L perod of display , the maximum length of which shall be one (1) year. UNIMPROVED LOT,: Any lot or tract of land which is unoccupied by any building or structure and upon which no construction of a building or structure has commenced. e WALL SIGN: Any sign that is fastened, affixed, or attached to and erected parallel to an exterior bung wall in such a manner that the wall becomes the supporting structure or forms the background surface of the sign, and which does not project more than eighteen (18) inches from building. WINDOW: An opening in the wall of a building for admission of light containing transparent or trans- lucent material such as glass. WINDOW SIGN: Any sign that -is applied or attached to a window or is located within a building such that the sign is located to be viewed from the exterior of the building. WINDOW SURFACE AREA: The area of a building facade which is occupied by a window. " SECTION TWO: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet farm as provided by law. PASSED AND APPROVED this -,day of 1982. AYES: NAYS: ABSENT: ATTEST: VILLAGE CLERK ORDINANCE AO. AN ORDINANCE TO ADD A NEW ARTICLE XVII ENTITLED "SIGNS AND AWNINGS" TO CHAPTER 21 OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS SECTION ONE: Chapter 21 entitled "Building Code" of the Villagoz e of Mount Prospect, Illinois, 1981, as amended, is hereby further amended by adding thereto a new Article XVII to be entitled "Signs and Awnings" and to read as follows: "ARTICLE XVII Section 21.1701 General Requirements 21.1702 Awnings and Canopies 21.1703 Freestanding Signs 21.1704 Wall, Roof, and Projecting Signs Section 21.1701. General Requirements A. Structural Elements' 1. The construction and structural components of all signs shall be in accordance with the standards and regulations of the Mount Prospect Building Code. 2. All signs shall be designed so that all framework for the lateral support of the sign other than supporting poles of a freestanding sign shall be contained within or behind the face of the sign or within the structure of the building to which it is attached, in such manner as not to be visible to any person off the premises on which the sign is located. B. Electrical Elements. All wiring, fittings and materials used in the construction, connection and operation of electrically illuminated signs shall be in accordance with the 'provisions of the Village of Mount Prospect Electrical Code. No wiring shall be exposed on the surface of any of the elements of the sign. All electrical components shall have an Underwriter's Laboratories label affixed thereon. C. Wind Pressur!�_J�A�u�reml��nt- All signs shall be designed and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot applied to the exposed area, allowing for wind in any direction. D.Glass �e u�.rementsl. Any glass forming a part of any sign shall be heavy safety glass, a minimum of one-fourth inch (1/4") in thickness. Any single piece or pane of glass that has an area that exceeds three (3) square feet shall be wired glass. JUJSa�u�rements. No sign shall be constructed or maintained so as to obstruct any fire escape, required exit, or window or door opening used as a means of egress. 2. No sign shall be constructed or maintained so as to obstruct any window surf ace required for ventilation by any applicable code of the Village. 3. No internally illuminated signs attached to a building shall be constructed or maintained closer than two (2) feet from any electrical current carrying device not an integral part of the display. 4. A means for disconnection shall be accessible at the location of each internally 'Illuminated sign with lockable access cover and handle. Section 21.1702. _AwninSj�s and Canopies A No awning shall be constructed or maintained unless the awning complies with the following: 1. Awnings shall be constructed of fire-resistant cloth or other non --combustible material and all frames and supports shall be of metal. Each cloth awning shall bear a label which indicates the fire resistance rating. 2. No portion of an awning shall be less than eight (8) feet above finished grade. 3. Every awning shall be securely attached to and supported by structural members of a building wall. -B. No canopy or marquee shall be constructed or maintained unless the canopy or marquee complies with the following: I 1. The framework of all canopies and marquees shall be approved by a licensed structural engineer or architect and shall comply with the Mount Prospect Building Code. All frames and supports shall be designed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area. All canopy supports shall be designed so as not to obstruct the continuous flow of pedestrian traffic along any sidewalk, 2. The roofs of all canopies and marquees shall be n properly guttered and connected by dow' spouts to a drain so that the water therefrom will not drip or flow directly onto public property. The roof of any marquee, except glass area, shall be con- structed to support a live load of not less than fifty (50) pounds per square foot. 3. All canopies or marquees shall be secuiely attached to and supported by structural members of a bui Iding wall other than wood. -2- It , No portion of a canopy or marquee shall be less than ten (10) feet above finished grade. Section 21.1703. FreestandiaqS_�ins', A., All freestanding signs, i - ncluding the frames, braces and supports thereof, shall be securely built and shall be approved by a licensed structural engineer or architect. B. Freestanding signs shall be self-supporting structures erected on and securely anchored to a concrete base, 'Or shall be securely built, constructed and erected upon posts and standards sunk a sufficient distance below the natural surface of the ground 'to prevent overturning. C. No freestanding sign shall be located closer than eight (8) feet to an overhead current carrying cable as measured from the nearest point on the sign' to. the plane which extends vertically -from the cable or supporting structure, whichever is closer. Section 21-1704. Wall, E29 and Pro)' ectinq Si2ns, A. All wall, roof, and pro3ecting signs shall .be securely built and shall be designed by -a structural engineer or architect. I B. All wall, roof, and projecting signs shall be safely and securely attached to the building wall by means of *metal anchors, bolts, or expansion screws of not less than three -eights (3/8) inch in diameter embedded in said wall at least five (5)inchesr provided, however, that such signs may rest in or be bolted to heavy metal securely fixed to the wall -as hereinbefore provided. In no case shall any wall sign be. secured with wire, strips of wood or nails. SECTION TWO: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form in accordance with law. PASSED AND APPROVED this day of 1982. AYES: 1@4 VILLAGE CLERK -3- VILLAGE PRESIDENT ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 (TRAFFIC CODE) OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECTr COOK COUNTYr ILLINOIS: ,SECTION ONE: That Schedule I of Article XX of Chapter 16 raffic Code) of the Village Code of Mount Prospect be, and the same is hereby amended by adding to the present Schedule I, under the column headed "Name of Street" the language "Centennial Drive" in its proper alphabetical sequence and under the column headed "Direction of Traffic Movement" of said Schedule the words "East & Westbound" and under the column headed "Speed Limit (MPH)" the numbers 112011 and under the column headed "Description" the language "Entire jurisdiction" so that said addonal shall hereafter be and read as follows: "Name of Direction of Speed Street Traffic Movement Limit Description Centennial Drive East & Westbound 20 Entire jurisdiction" SECTION TWO: That Schedule IV of Article XX of Chapter 18 (Traffic Code) of the Village Code of Mount Prospect be,, and the same is hereby amended"by adding to the present Schedule IV, under the column headed "Name of Street" the language "Palm Dr." in its proper alphabetical sequence and under the column headed "Direction of Traffic Movement" of said Schedule the words "East & Westbound" and under the column headed "At Intersection With" the language "Robert Dr."; and also by adding to the present Schedule IV, under the column headed "Name of Street" the language "Robert Dr." in its proper alphabetical sequence and under the column headed "Direction of Traffic Movement" of said Schedule the words "North & Southbound" and under the al column headed "At Intersection With" the language "Palm Dr."; so that said addition shall hereafter be and read as follows: "Name of Direction of At Street Traffic Movement Intersection With Palm Dr. East & Westbound Robert Dr. Robert Dr. North & Southbound Palm Dr. SECTION THREE: That this Ordinance shall be in full force and effect from the after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: K •"!-• ! J Roxf, AN Village Clerk day of , 1982. Village President