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HomeMy WebLinkAbout2436_001"d NEXT ORDINANCE NO. 2364 BUILDING DEPARTMENT NEXT RESOLUTION NO. 17-72 0 R D E R 0 F B U S N E S S Village Board Tuesday, 8:40 P. M Village of Mount Prospect August 1, 1972 I. Call to order 2. Invocation - Trustee Schol ten 341 Roll call Mayor Robert D. Tei chert Trustee Ahern Trustee Link Trustee Anderson Trustee Richardson Trustee Furst Trustee Scholten 4. Approval of minutes of the regular meeting of July 18, 1972 5. Approval of bills 6. Communications and petitions 1. JC request for waiver of fees for ca.rnival at Mt. Prospect Plaza August 4 - 8, 1972 7. Manager's Report 8. Mayor' s Report 9'. Committee Chairmen Reports A. Building Committee 1. Report on pre -fabricated chimneys (SEE EXHIBIT "All) 2. Second reading of ordinance granting variations at 213 W. Prospect Ave. "B") (L. Krasnowski - Case 72-8A) (SEE EXHIBIT 3. Case No. 72-16A Geo. Podlin - 216 W. Rand Rd. Petition for variation to operate pre-school center in existing home zoned R -X 4. Case No. 72-21A Kaplan & Braun, Inc. variation from Sec. 21.1227 which re- quires all floors of attached garages 6" below, to put in 6" concrete curb instead. 5. Ordinance repealing certain portions - Ord. 1194 (SEE EXHIBIT 11 C11 B. Finance Committee 1. First reading of an ordinance amending Sec. 11.702 regarding coi-n- operated dry cleaning and laundry (SEE EXHIBIT machines C. Fire and Police Committee I Tabled motion: "Trustee Schol ten seconded by Trustee Furst,, moved for vacation of Serafine Dr. with the stipulation there would be no ingress and egress on Rand Road". ,'A"i" #1 D,. Judiciary Committee 1, First reading of an ordinance amending Map 50N to rezone property at NW corner of Camp McDonald Rd. and River Road from R-1 to R-4 (Case 72-10P) (SEE EXHIBIT llE4') 2. First reading of an ordinance granting a special use in the nature of a PUD pursuant to above Case 72 -IOP (SEE EXHIBIT 'IF") 3,, Case 72-11 P Petition for rezoning an area of approximately 37 acres on north side of Euclid Ave. to PUD (Kenroy) E. Public Health and Safety Committee F. Public Works Committee 10. Executive Session re Litigation 1 Other Business 1. Continuation of pre -annexation hearing regarding property south of Algonquin and east of Nordic Road 2,. Public hearing regarding pre -annexation agreement for properties located west of Busse Rd. and south of Charlotte Rd. extended (SEE EXHIBIT IlGll) 3. Resolution directing execution of a pre -annexation agreement for above property (SEE EXHIBIT "H") 4. First reading of an ordinance annexing property west of Busse and south of Charlotte Rd. extended (SEE EXHIBIT 5. First reading of an ordinance amending Map 38S by rezoning certain property from R -X to R-4 (SEE EXHIBIT 6 Fi rst reading of an ordinance granting a speci al use in the nature of a PUD for property located west of Busse Road and south of Charlotte Road extended (SEE EXHIBIT 7. Cal lero and- Catino plat of subdivision 12. Items to be referred 13. Commi ttee announcements 14. For information only 15. Adjournment Sergeant -at -arms: Lt. John Savage I` P� 1% D U i is'; July '13, 1972 George Anderson, ChWi, 141(14il'o Liu, C4 � 00 r, 11,1 Is 6 V- ,, V1 F Ruj 1: Architectural sU1; 3"'J" E C, T CGi-Tmerit'-s res*- k4-;;qucs11- 1by 1'4 -in kirch!-Cecl,-ure� Lis' FOr t 'ron 1 10 S of 2 1 k) of the vi 11 age Bul 1di ing Code -i Rcquimx,��nt 4,-h a I '-As S51-idit Thitee, on July IS, 1972 Uic!"Z a nd d sc us ie- reci ues 11- fa a cit e by F/1,4 .,,c �� -`- lz� -, U� f 11 " -, .% iii �- I , 1 11 - 11 4 o C -; a t i o r4 i n i'�l L Cc ." 0- Oy J L a e d lm ln-szs:�`Ii a pre- fako Jii-Zi CL �^ 0 Y -tory built Ii. L. I-La'ied `*cu Of " i � one re 1 4 A A 4�U c,ia sol ely to tho f ac, -I t 'V ell reques- o C 1 v , '0 U U S i r ' a C'i lCer r jo r 4,- o y ned 6 for ur-k� --r a 0 0u i r C." i s k d'i LY of ti'lis C Lr l P i Y bai 41g 11"ailutil 1.' val i" Atli* b I U p a t: . A one-sCory bullld,ilcjs 1 ore 1�, h 4th and I -�b r. L, 16. a d 6 i.i1e C C t ri i - r ." av iie. c r s a o a s p, r c s C r lo c d 16, 1, y h c h e a t I n q u in c A I I I U so -"n Section 21.12118 pa1% (ih' 0 o C,� S e I ess t h a r) t �1 i� I zi i'iiic t a,v- pp a cS cr', unil; connected 1C.116"a-CO r6 a 1, sit 1 1, C's , N'_' U S e G T sorv%�s i;;ore than one livil.-rig ul-ilfir" . Ray CI,ultz, C,'-alrfinan SI CSV iii V i 1' 1 a g c A 1"o A ey J 1C-4 i-11 d"'o r U'. Duti.xin, Director, fig Zore-, ng r,f'N), Proveation burQau MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES July 18, 1972 CALL TO ORDER Mayor Te chert called the meeting to order at 8:06 P. M. INVOCATION Trustee Ahern gave the invocation. ROLL CALL Present upon roll call: Ahern Anderson Furst Richardson Scholten Tei chert Absent: Link APPROVAL OF MINUTES OF SPECIAL MEETING JULY 5_L_1972 Trustee Richardson, seconded b—y rustee Mrn, moved for approval of the minutes of the special meeting held July 5, 1972 as submitted. Upon roll call: Ayes: Ahern Anderson Furst Richardson Scholten Motion carried. Trustee Scholten, seconded by Trustee Richardson, moved to ratify the action taken at the special meeting July 5, 1972, Upon roll call: Ayes: Ahern Anderson Furst Richardson Scholten Motion carried., APPROVAL OF BILLS Trustee Richardson, seconded by Trustee $cholten,, moved for approval of bills in the following amounts: General - $1613,091.90 Parking System Revenue 170.56 Fire Equip. Bd. & Int. 287.52 Waterworks & Sewerage Depr. Imp. & Ext. 1 P856.13 Operation Mai nt. 53 4 5 4. 80 -M 6 F6 =, Upon roll call: Ayes: Ahern Anderson Furst Richardson Scholten Motion carried. ,,pt Trustee Richardson, seconded by Trustee Scholten, moved to approve the financial report for the month of June, 1972 subject to audi t. Upon roll call: Ayes: Ahern Anderson Furst Richardson Scholten Motion carried. COMMUNICATIONS AND PETITIONS Mr. Richard Simons from the City of Hope, requested a waiver of fees for the Chi ldress Leukemia Chapter, a not- for-profit organization for carnival at Prospect Plaza. Trustee Richardson, seconded by Trustee Scholten, moved to waive the fees for the Chi ldrens Leukemia Chapter under the auspices of the City of Hope for carnival August 9 - 13. Upon roll call: Ayes: Ahern Anderson Furst Richardson Scholten Motion carried. MANAGER' S REPORT The Manager gave a detailed report regarding the proposed purchase of two two -million gallon steel tanks and for the appropriate cathodic -protection. It was the recommendation of the Village Manager and Engineer to award the contract to Pittsburgh -Des Moines Steel Company. Trustee Furst, seconded by Trustee Ahern, moved to authorize the administration to seek proposals for borrowing an ad- ditional $165,000.00 for the purpose of meeting the Consent Decree for Old Orchard for two two -million gallon,tan.ks at the best rates, on a bid basis. (One to be erected at Old Orchard, the other at Well No. 16.) Upon roll call: Ayes: Ahern Anderson Furst Richardson Scholten Motion carried. Trustee Ahern, seconded by Trustee Richardson, moved to authorize the award of a contract for -two two -million gallon steel tanks with appropriate cathodic protection to Pittsburgh -Des Moines Steel Company in the amount of $317,720, Upon roll call: Ayes- Ahern Anderson Furst Richardson Scholten Motion carried. Trustee Anderson, seconded by Trustee Scholten, m , oved to authorize the release of the bid bond to the Preload Company. ..... Ahern Anderson Furst Richardson Ayes . ... . Upon roll call: A es Scholten Motion carried. p. 2 7/18/72 Al' The Village Manager reported that the Board of Local Improve- ments voted to direct the Village Engineer to prepare all the necessary engineering for sidewalks in the Fairview Gardens area along Central Rd., including all the way around Prospect PI aza to the northern boundary. Trustee Furst, seconded by Trustee Scholten, moved to waive the rut es requi ri ng two readi ngs of an ordi nance grand ng a variation to the Mount Prospect Library. Upon roll call: Ayes: Ahern Anderson Furst Richardson Scholten Motion carried. Trustee Furst, seconded by Trustee Scholten, moved for passage of Ordinance #2361: AN ORDINANCE GRANTING A VARIATION FOR PROPERTY LOCATED AT 14 E. BUSS E AVENUE IN MOUNT PROSPECT, ILLINOIS (for trailer and fence). The Village Managerreported on the recent flooding problems. A report from Al Stott and March gave a revispd estimate of the intersection improvements on Main Street. The Village Manager ad.vi sed some of property needed for the intersection may have to be acquired by condemnation proceedings. MAYOR' S REPORT Mayor Tei chert presented to Chief L. Pairitz a Merit Award for Fi re Prevention vention presented to the Fire Department by the State of I "I 11 noi s . Mayor Tei chert presented Certificates of Merit to be delivered to Harrison Hanson, a former member of the Community Services and Mental Health Comm; Frank Bergen, former member of the Plan Commission; George Flaherty, former member of the Industrial Development and Economic Commission; and Ronald Johansen, former member of the Drainage and Clean Streams Commission. Due to the resignation of Glen Thornell as a member of the Board of Appeals, Mayor Tei chert appointed Roger Anderson, 1007 Mokl*,, as a member of the Board of Appeals to fill the vacancy to May 1, 1974 and requested Board concurrence. Trustee Ahern, seconded by Trustee Richardson, moved to concur in the President's appoint- ment of Roger Anderson as a member of the Board of Appeals. Upon roll call: Ayes: Ahern Anderson Furst Richardson Scholten Motion carried. ....... . .. Mayor Teichert appointed Donald J. Bostrom, 1600 Ironwood Dri ve as a member of the Drai nage and Cl can Streams Commi ss i on for a term to expi re May 1 9 1975 and requested Board concur- rence. Trustee Furst, seconded by Trustee Richardson, moved to concur in the recommendation of Mayor Tei chert in his,,ap- pointment. Upon roll call: Ayes: Ahern Anderson Furst Richardson Schol ten Motion carried. COMMITTEE CHAIRMEN REPORTS BUILDING COMMITTEE Trustee Anderson read an ordinance granting certain variations for property located at 213 W. Prospect Avenue and requested the Cl e rk to pl ace i t on the next agenda for f i nal readi n g FINANCE COMMITTEE The Finance Committee considered the business license fees for coin-operated laundromats and have directed the attorney to draft an ordinance basing the fees on square footage of the business rather than by the number of machines installed. Trustee Richardson, seconded by Trustee Ahern, moved to concur with the recommendation of the Finance Committee regarding the above amendment. Upon roll call: Ayes Ahern Anderson Furst Richardson Schol ten Motion carried. FIRE AND POLICE COMMITTEE Tabled motion': "Trustee Scholten , seconded by Trustee Furst, moved for vacation of Serafine Drive with the stipulation there would be no ingress and egress on Rand Road." The motion was deferred to the next regular meeting. JUDICIARY COMMITTEE Case 72-8P Rezone from R-1 to R-4 PUD and R-2 to B-4 property located at the northwest corner of Foundry Road and River Road. Trustee Furst, seconded by Trustee Ahern, moved that the single tract "A" comprised of 4.4 acres be rezoned from R-1 to R-4 PUD concurring with the recommendation of the Judiciary Committee, and overriding the Plan Commission, not to exceed 140 apart- ments with no commercial. Upon roll call. - Ayes Ahern Anderson Furst Richardson Scholten Motion carried. P. 4 7/18/72 There were objectors to the petition in Case. 72-8P among whom were Mr. Richard Hendricks , 1537 E. Emmerson , who discussed storm drainage and water supply, Mr. Robert Janatowski, 2009 Hopi, who claimed one-third of the property is in the flood plain, Mrs. Marie Cayl or, who iaqui red whether there would be a specific PUD ordinance and whether this would set a precedent, and Mr. Warren Shavinger, 1812 Laurel Drive, whose property was not in close proximity to the location. Trustee Furst, seconded by Trustee Ahern, moved to rezone Parcel "B" comprised of eight -tenths of an acre from R-1 to B-2. Upon roll call: Ayes: Ahern Anderson Furst Richardson Scholten Motion carried. Case 72-9P Petition to rezone from R-1 to B-3 property located on the north side of Camp McDonald Road near River Road, for erection of a White Hen Pantry. Trustee Ahern, seconded by Trustee Scholten, moved to concur with the recommendation of the Plan Commission to rezone the above property from R-1 to B-3. Upon roll call: Ayes: Ahern Anderson Furst Richardson Scholten Motion carried. Case 72 -IOP - Petition to rezone from R-4 to R-4 PUD the north- west corner of Camp McDonald Road and River Road was deferred to the first meeting in August. PUBLIC HEALTH AND SAFETY COMMITTEE Trustee Ahern presented a Committee report regarding senior citizen housing. The committee recommended subsidized housing for the elderly and a resolution was presented whereby the Housing Authority of Cook County would propose to develop and administer a low -rent housing project consting of 250 dwelling uni is . Trustee Scholten, seconded by Trustee Ahern, moved for passage of Resol uti on No. 15-72 : A RESOLUTION AUTHORIZ ING EXECUTION OF A COOPERATION AGREEMENT Upon roll call: Ayes: Ahern Anderson Furst Richardson Scholten * Motion carried. Trustee Scholten, seconded by Trustee Richardson, moved for passage, of Resolution No. 16-72: A RESOLUTION APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW -RENT PUBLIC HOUSING Upon roll call: Ayes: Ahern Anderson Furst Richardson Scholten Motion carried. 11 Trustee Ahern, seconded by Trustee Scholten, moved to authorize the Village Clerk to execute a Certificate of Incumbency. Upon roll call: Ay es Ahern Anderson Furst Richardson Scholten Motion carried. Trustee Ahern, seconded by Trustee Scholten, moved to authorize the Mayor and Clerk to execute a Certificate of Municipality. Upon roll call: Ayes: Ahern Anderson Furst Richardson Scholten Motion carried. Trustee Ahern reported the Committee reviewed requests by citizens regarding control of dogs. It was the opi ni on of the Health Director that enforcement of curbing of dogs and the responsibility of the owners with regard to cleanliness would be difficult. Mrs. Boswell will investigate methods of legislation existing in other communities. OTHER BUSINESS The pre -annexation hearing regarding property south of Algonquin and east of Nordic Road was continued to the next regular meeting. Trustee Richardson, seconded by Trustee Scholten, moved for passage of Ordinance #2362: AN ORDINANCE AMENDING SECTION 13.114 OF THE MUNICIPAL CODE AND REPEALING SECTION 13.119 THEREOF This ordinance places certain restrictions on the premises and eliminates the closing of liquor establishments on election days. Upon roll call: Ayes: Ahern Furst Richardson Scholten Nays. : Anderson Motion carried. p. 6 7/18/72 Trustee Richardson, seconded by Trustee Scholten , moved for passage of Ordinance #2363: AN ORDINANCE AMENDING SECTION 13.115 OF THE MUNICIPAL CODE This ordinance extends closing hours in liquor establishments for consumption of the premises. Upon roll call: Ayes: Richardson Schol ten Nays Ahern Anderson Furst Motion defeated. ITEMS TO BE REFERRED Plan Commission M Case 72-13P regarding a petition for annexation and rezoning of 3044 S. Busse Road from RX to R4 was referred. to the Judiciary Committee. A memorandum from Chief Pairitz dated July 13, 1972 regarding fireworks was referred to the Public Health and Safety Committee. COMMITTEE ANNOUNCEME,NTS Building Committee - July 26th. ADJOURNMENT Trustee Scholten , seconded by Trustee Furst, moved the meeting be adjourned. Time: 11:20 P. M. Unanimous. DONALD W. GOODMAN Village Clerk olunbapr aoj GPTAOad '(s)IDuaiuoo Xq 111Tm Xalll jut,, juawdOTOAaa JTUn PauuuTd PTES 30 UOTjonajsuo3 jo 4uowaouawwoo jo alup al,4 moaj sau@X (OZ) Xluaml jo poiaad v aoj IPLI1 IUVUGAOD aaqlanj op 'SaOUfTSSV JTaqj Jo Pup Sjmgl *q KIAIIVH 'SLATI "V I� V" flulq 6z *4uawdOTaAaG ITUn POUUVTd PTEs 30 -UOT.l@Tduioo fUTMOIJOJ SqIUOUI (ST) UG@Iqf1.0 jo poiiad v aoj cZZ61 .......... �N uo 4oadsOld �unoL4 jo afvTTTA Oql jo saalsnal jo pavog I PUB IU0PTsGJd aqi Xq PaAOaddv 'ON ODUUUTPIO ivawdolOAaa JTUfj POuuvTd q;Tm aouvpj000v uT XITUTIuvisqns ivawdoTaA@P aaiuvavn2 off. r'SL-OULILI 1/;uno) �ooj uL LLP '(JODAN4 4aal 0*09 4s?3 a4.dgo XD) '6ULUUL5aq 10 @020 aq4 o; q;.AoN aou@q4 !j0@JDq4 @UL� ;SP3 aql uo qULod 2 0; ;DPJI PIPS 10 DULL q4AON @q4 q4Lm LDL -LPjpd 4@@l 00ZZZ 4sP3 aOuDq4 !40Pj; p*LPS6 10 au.LL qlns 044 uo 4uLod P 0; 4a@j ZENZt qlnoS aouaq; " ;:)PA; PLyes 10 au L q4AoW @q; g; Lin L@LLPAPd a J L L P uo 4aajl 0"ZZz 4sam, a:)Uaqq, !40PJ4 PIPS 10 DULL 44J011 aq; I -o qllnoS,, 4aB,J 68'"LZ[ 4uLod 4DPJ; PIPS 10 DULL 4SP3 G,44 UO ;IULod P IP 6,U,LUU*t6 -@9 tsmOLL04 SP paqLA:)S@P DULL P kq pa,punoq '4RLP�L,ADW' LPdL0ULAd PALqi @qj 10 ;SP3 Lt 96uv�f '4;jo,N tt dL' 2� UOL439 .,4sumol S 40 th 4SPa4TA014 Nl 40, t�/t lsPaq4no,3 aq4, 40 S@.Aop OZ q4noS @44 JO S@A3P` 9 q;AON aq; jo 4jpd 4pql 0S LP WaAaq; ;@al 0*09 IsP3 aq; ;daoxa osLp pup JOaJ@ql 4@@l O*OLZ' 4s@M oq4 4daoxa) UPLPLJDW L*edLDULAd PALqj @ql 40 4SP3 LL @6uPd 'q4JON LV d�qsumoj. `ZZ UOLI -3@S 10 V/L ;sP@q4J0N aq4 40 V/L 4spaq4noS aq; jo sajo'P 0Z q;noS aq; jo saw op OL q;JON N4 10 Sajoe 9 q;noS @qj Os LP 4@91 0*09 4SP3 aq4 4daoxe os L2 Pup 109ja4 (Joajaq4 4s@M aq4 ;daoxg) uPLNj@W LpdLDULJd PAL I la@l 0'02 Lli Dq4 10 4SP3 LL @6UPd 4q4JON Lt dLqSUMOI 4 Z UOL40@S Jo th 4spa -44.AON aLl; JO t/L 4SPaq4noS aq4 jo saJOP OL 4;noS o4i :smOT103 su paqTaosap Xjaadoad ail; uo posodo-id quaw -dOTaA@Cj Ilufl Pauu-cTd GLII 30 TO-Iluoo uT.vluT.vw ITTM 'S00U2TSSle -TTaq4 10 Cl 19 1 JNIarl)l HDNHEfIVrj of Pup SIMH1 *ff kIAUVH 6SIAII *V WVHJ,-*dJ9 T SMOTT03 s v sTOuITTI JO OlulS Pup �OOD jo X4unoD 044 30 uOiivjodjoo jvdT3Tunw V tjoadsOJd 4unoN jo 02BTTTA OT14 114TM. IUVUGAO3 Xqajaij soop amps aq4 jo uoiivinfoa aqj puv s4uamdoTGAOG 4TUfl PaUuvld 30 Uollvaan Gq4 aoj 2UTPTAOid 4oadsoad iunojjo GfvlTTA aql 30 GOUPUTPIO 2UTUOZ aqj jo T -q- 'OaS JO SUOTSTAOid a-ql qlTm G3uvpaO33p UT SaaU2TSSV JT3q4 ao Pup SIM11 *q ,kHAUVH SIMI ov wnluaff SINVNRAOD RAUDINISTU- � 1 0 - 2 1 - maintenance of all building exteriors, parking areas, and other paved areas, and of all open space located within said Planned Unit Develop- ment, which open space is defined as all of the land upon completion of construction of the said Planned Unit Development, less residential buildings, commercial buildings, parking areas and other paved areas. 3. That as final occupancy by residents occur as to each stage of development, BERTRAM A. LEWIS, HARVEY B. LEWIS and J. LAURENCE KLEINFELD, or their assignees, will cause a Plat of Open Space Ease- ment to be delivered to the Village of Mount Prospect for recordation, which, by said Plats, it is intended to permanently guarantee open space substantially in accordance with said approved Plan Unit Development and any amendments thereto. Said Plats of Open Space Easement shall constitute a covenant running with the land for fifty (SO) years from the date of said recording of those covenants and shall be enforce- able by said Village of Mount Prospect. 4. The covenants herein contained shall run with the land for the periods of time set forth herein. Thereafter said covenants shall be extended automatically for successive periods of ten (10) years un- less by a vote of the majority of the said landowners of the said pro- perty it is agreed otherwise. S. Nothing in those covenants shall in any way prevent aliena- tion or sale of the subject property or portion thereof except that said sale shall be subject to the provisions hereof and of the Planned Unit Development Ordinance of the Village of Mount Prospect and the new Owner shall be both benefited and bound by the conditions and restric- tions herein and therein expressed. 6. By acceptance of these Restrictive Covenants, the Village of Mount Prospect acknowledges that its Ordinance relating to Restrictive Covenants has been fully complied with. 7. If the parties hereto, or any of them, or their heirs or assigns shall violate or attempt to violate any of the covenants herein, - 3 - it shall be lawful for the other parties hereto including the Village of Mount Prospect to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenant -- and either to prevent him or them from so, doing or to recover damages or other dues for such violation. 8. These Covenants shall be binding upon and inure to the bene- fit of the parties hereto, their successors and assigns. MV -89W Village Clerk Bertram - A -- --------------- �ew i s Hawevy--B. Lewis J. Laurence Kle-infeld By President To: Board of Trustees From: Plan Commission Date: July 24, 1972 Case # 72-11 P Date of Publication: April 28, 1972 Date of Public Hearing: May 18, 1972 This is a request for rezoning an area of approximately 37 acres located on the north side of Euclid and west side of Wolf Rd. to PUD. During the Plan Commission study meeting it was brought out that part of this area would be sold, after the entire area was rezoned PUD, to the Prospect Heights Park District. The area to be sold would remain as open space. It was moved and seconded that the Plan Commission recommend to the Village Trustees approval of the request providing that building 9 be moved to the west to provide adequate set back along the east property line in conformance with Ordinance 5.1 C-7. Roll call vote resulted as follows: Ayes: 4 Nays: 2 Absent: 2 Motion failed - a minimum of five votes are required for a motion to carry. J.C. BUSENHART, Secretary CC: Village Manager All Plan Commission Members Village Attorney iLiqiHxa PUP GfVTTTA aL[; Xq papaooaa aq TIE14S juawdojGA@P ITun pauurld off. paiia3ai UTqITM alll fUTAOaddu OOUVUTPJO juawdoTGAOP jTun P@uuuTd aqj 3o Ixal aill 3o Xdon paijTlaao V #uT@aaq pajElduialuoo su juatudOTGAOP aip 3o uoijonj4suoo aql aTqvua TTTm SE saouvuipao Bons ssvd TTuqs 02tITTA 0144 Ivql *z -X;aadoad 4oaCqns OT44 x@uuv ITulls OfulITA Gql IEU 'I :sMOTT03 Su laumO age PUP a2vTTTA 0111 uaamlaq puv Xq paaafu si IT 'IdOdg�gHl (MON !UTGIGI[ PGUTVjU00 uvld aq' I qITM 00UPPJO33P UT polonilsuoo aq joa Coad Gql luq4 02VITIA G-41 PUP aaumo aq4 qqoq off, TpToT3auaq ST IT 'SVaNgHM PUP !paxouuv aq Xjjadoad aq4 lvlll J@umO aLlI PUP aSPITTA alD illoq jo s4sajajui lsaq @'qj UT aq off. IT GA@Tlaq saTlaed q4oq 'SV9-d9HM PUP !4UalHaal2V STqj UT POUTVIU03 SUOTSTAOid age. uo I.U@2u-EIUO:) af-eTTTA 0111 off. 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JO f,1/1 qonaqqnoc., ;9;T; jo sajo0qnoS Gq4 jo sGio-e s qWON Gq4 jo qred quqL 021p (Joao, a; q, ;as 0*qsus aqq qdaoxa o'Z`;T"-e Pt'rc joa,TaL44 1-,`)-`J O*OTF, ITSGIA a Lt� 4,da,-.)xa) LMTPT,1@1TT3d 4� T - 0`u --'td- P�. ;DL14' JO 4MEt" TT 0-S L r 138, cl�41-101NT T4 dTLjStlm0 U01.40a-lj-� jo Ni/T 42 -'RD —'Li4j,014 4 jr) 0 E Gq4 JO SOJOle 01 q4M a jo saaae qqnoS Gqj 0 0 T L--' (JOGJ@T44 qG@J 0'0� 4se� Gq4 qdGo IV sa G G a -Xt3 OS'EL"' Pu-?' J00,2 -R44, 0-0U I m Tjq J -d ox upnpT,aa j*adT0TJT ' .3-idd PJTLTJg aL14 ;C) 40PH TT @?,LZPjf uo.[�-Das ;0 vi .1 ,3t44 JO jo Sajou 0-[ q4n a4l -JaO JO aaUMO auk ST C :SMOIToj su paqTjosap XIlu2al @4UIS@ TVal UTUj lijaUlAOii SP 04 POJJaj:aa -l@jj:UUT0.laT4 'V66 -9L 'ON 4snaj, aapun aa4snal su '�NVdWOD ISnU GNV XNVa qvNOIIVN NVDDiJKV 'SVHNaHM INI-WRId9V NOIIVXaNNV - 2 - the Owner in the Office of the Recorder of Deeds of Cook County, Illinois. a. The recording of the aforementioned text will not include the recording of any exhibits, but will include the recording of all neces- sary covenants guaranteeing open space -- even though said covenants may appear on an exhibit contained herein and attached hereto. b. Said recording shall be accomplished within ten (10) days of the passage of said ordinance. c. Recording of the Site Plan, various plats of open space ease- ment (per stage), and other exhibits made a part of this Agreement shall be recorded by the Village and the Owner as the subject matter shown an ' d re- flected upon the said exhibits is completed. Said exhibits shall be re- corded as modified if necessary as a result of the conditions set forth under paragraph 3. herein, or as a result of the conditions for,field changes as set forth under Section 5.1 of the Mount Prospect Zoning Ordi- nance, or as a result of modification of the planned unit development ordinance passed and approved for the development of the subject property by subsequent agreement between the owner or its assignees nees and the Village. 3. That the Owner shall cause the subject property to be improved in general conformance with the land uses and standards shown on Exhibit I (Site Plan) attached hereto and hereby made a part hereof, except as may be otherwise provided herein and as may necessarily be modified to solve engineering layout and design problems at the time of the execution of this Agreement. 4. That the Owner may cause the development to proceed in stages as set forth in Exhibit II (Stage Plan) attached hereto and hereby made a part hereof. a. The stages of development may proceed in any sequence as determined by the Owner with the understanding that water mains and access roads within any given stage shall have been constructed and installed by the Owner, and approved by the Village; and that the engineering for sewer mains and other public improvements have received final approval and sub- division ubdivision bonds posted for same before the Village shall issue any building permits for buildings located within that given stage. b. For each stage, prior to the issuance of building permits, the Owner may vary the apartment mix of the proposed residential buildings as between one -bedroom, and two-bedroom units -- in conformity with the re- quirements of subsection (c) of Section 5.1 of the Mount Prospect Zoning Ordinance and with the further understanding that in no instance will the Natal number of units proposed herein be increased beyond the 216 dwelling units proposed. C. "Access roads", shall mean those private roads meeting the approval of the Mount Prospect Fire Department, which roads the Owner will install and maintain during the construction of the project contem- plated herein. GT44 JO UOTIOOS aqj ?UTIonb puv Xouvdn000 jo v jo aouunsST aq4 01 UOT4TPUOD V SU XaVSSODOU aaP SUOT400aaOD JUqM 04 SE aaumo aq4 ?UTWaOJUT TVTUap JO aall@l U GnSST JO UOT4VOTTddv jo skEp (0fl AjaT114 UT114TM Xouudn000 jo ansST TTTm 02PTTTA GLP lvql 'TT *GPOD a2vTTIA aql UT q4aOj 4aS Su Tuaddu uv G:jV4 10 4STXa AVW SV SUOTIUTOTA Bons joaajoo of paaooad .q4Tmq4aoj .put jaumo aq4 pur aaumo a-p Xq POIPTOTA OPOD GfETTTA aq4 JO UOT;DaS all, llqaoj 2uil4as puv aaumo aqj 4q ua)IP4 aq oI, XJVSSODOU UOT40V GATIOGaaOD 2UTITUIDP InoillTm 1)a Coad aq4 jo s4aud ao UTPTTnq uo a2ud -do;s -,jXOM 2UTIOGJTP siapao do4s ou ansST TlTm G5vTTTA aql lvql 'OT 'a4vP IM44 IV 02VTTTA 0111 UT S@OSUOOTT aaq4o pa2auqD saaj asoqj uv-q4 JGIVGJ2 jUtlOWV UV UT saaj juawdolOAap 4Tun PGuuvTd aqj uiq4Tm pa4vool sasiwGad jo sjupdn000 ao laumo aq4 a2avqo IOU TTTm 02eTITA aq4 4a@AGMOlj 'Sa@j OSUaDIT SSOUTsnq ao asuGOT.T aa-q4O TTv off. 4oadsaa q4TIq ojoaaaq a-.up aqj uo saouvu-ipao 2u-ijsTxa japun pa?arqo XT4uasoad saaj asoq4 uuq4 aa4vaA junouip ut ui joaaatp uoilaod ao quaw -dolaAGP ITun P@uuvTd aqj jo UOT4onalsuoo aiI4 aoj XaussaDau saaj aa-q4o ao Ilwaad 2UTPTTnq aoj jaumo aqq, a!Savqo IOU TTTm 02ETITA aql IE'41 -6 *SIOGTa IT JT O?uvq3 aq4 JO ITJ -auaq age. 04 PaT4TIUa aq TTvqs a0umO aql UaLP 'Alaodoad po4unjTs XTJuTTlu'.s laqJ0 04 UOT4VOTTddv aTaT41 UT aAT40TJ4Sal ssaT @J-v OWES aq4 pue SMUT PTVS jo Sa2Uvjj0 GaU aaaq; 4T jUq4 'aOAOMOLI 'POPTAoad 'UvTd atll qlTm ODUvP1030V jUaaU@� UT pajonalsuoo aq IOU Xvw Xjaadoad 4oaCqns aq4 4uq4 pajoadjolui os aq IOU lluLls s;uawpuatuu Bons 1ponssi aq o4 GAULl saapao dols pTnoqs 4UGAa XUU UT ;vq4 puv laoumo aT41 jo juasuoD age. InoqlTm Xlaadoad 4oaC -qns oil; oTddIOU Tlvqs I;uawdOTaAGP ITun pauuvld sTql jo uoTjnna4suoo l Xu OLP fu-.EIvTn2aa pue 0-1 2UTIETO-1 sm-UT @q:j o4 su TT@m su "GIVP STT4'4 JO sv GOIOJ UT apOD 2UTUOZ PUV 2ul.PTTnq 4uasaid aqj ol sluawpuawr jvqj -8 04uawaaa2v sTq Aq P@TJTPOW aq Xuw sv jdanx@ s@DuuuT.PaO aTqu3Tjddv ITE 90 sluawaiinb -a' aql laatu suvTd TIE 4Uql P@PTAOad lsaau2Tssv SIT jo aaumo aqj Xq urTd @Tl; jo ;uawdOTaAOP aq4 ao S2'UTPTTnq aqj JO uoijona4suoo jo 4uawaouatmoo 4UaAGid ol sv os apvw aq TTTm So3UVUTPa0 Bons Xuu ol uoTjvjajda@jUT ou aoillanj puv 'juasuoo s,aaumo w44 jnoTj;Tm Xjaadoad 4oaCqns aT41 of Xlddu IOU 11Uqs IUOUI@@J?V STqj JO SWaa4 alll 2UTJnp Sa0UVUTPaO 2UTUOZ-10 `UOTSTAlpqns '2UTsnoLl '?UTpITnq o:j so2uvqo jo sIuawpuawu Auu I-eqj, -L '(uvTd GITS) I 4TqTqxa uo aovds undo su umo-qs puul aqi lX4TavTnoi4jvd T411m laipu2Tsop qoTqm 'aainbaa XEul XauaOl4V a2ulTT.A OTAI su ivaoj Bons ui SJUBUGAOD PUE SjU@WaSVa aouds undo uowwoo puv o-Elqnd ilons,o4noaxa TTTm aaumo aqj juill -9 -joaaaq javd v apvw Xqaaaq puv olaaaq paqovilp (UvTd 2uTuoZ) III lTqTtlxa uo umoTqs st Xqaadoad 4oafqns oT41 uodn sasn pasodoad aql @IEPOwulOODu TTTm sv S40TajSTp 2UTUOZ guns OJUT Xjaadoad jDaCqns aqj XJTSSUT3 TTTm a2vTTTA aqj mul Xq poaTnbaa JOUUVW aqj UT 44111 -5 ,- E - - 4 - Code relied upon by the Village in its request for correction. Provided, however, that completion of an entire building shall not preclude the issuance of occupancy certificates for any finished floor, floors, or portions thereof, not otherwise in conflict with Section 21.218 of the Municipal Code of the Village of Mount Prospect of 1957, as amended. 12. That the Village will not require, of the Owner, a storm water retention pond or lake having a surface area greater than acres and a retention capacity greater than acre feet as shown by Exhibit IV (On -Site Utility Plan) attached, nor will it change or amend its public improvement ordinances as it affects the regulation and installation of public improvements on the subject property during the term of this Agreement. 13. That a water tap -on fee, charged per lot, shall be determined on the basis of four (4) lots per acre within the planned unit develop- ment, i.e., $100 per acre; and that a water deposit shall be payable to the Village in advance of any such tap -ons in an amount computed by multi- plying the number of acres involved with such tap -ons by the sum of One Hundred Forty Dollars ($140.00). 14. That the Owner will install and the Village will receive the ownership of certain on-site sewer and water mains, together with the necessary easements for access thereto and maintenance thereof, as re- quired to serve the project and as set in Exhibit IV (On -Site Utility Plan), attached hereto and hereby made a part hereof. The Village, how- ever, shall have the right to require the oversizing of mains and facili- ties, if excess capacity is desired by it; provided, however, that the Village shall pay any additional cost for materials made necessary as a result of said oversizing. 15. That the Owner shall install and the Village shall receive the ownership of certain off-site water mains as required to serve the project upon the subject property and as set forth in Exhibit V (off -Site Utility Plan), attached hereto and hereby made a part hereof. The Village will be responsible for the engineering plans and specifications for said mains. In the event the Village desires oversizing of the mains shown upon Ex- hibit V (Off -Site Utility Plan), the Village shall pay any additional costs for materials made necessary as a result of said oversizing. 16. That the Owner will install, and the Village will permit to be in- stalled, 28 foot wide back-to-back private roads per the Village subdivi- sion ordinances and specifications except as to width as set forth in Ex- hibit I (Site Plan); the same to be maintained by the Owner or its suc- cessors in interest without expense to the Village. 17. That the Owner will provide a minimum of 1.65 parking spaces for each multi -family dwelling unit. All such parking spaces shall be of a minimum 8 1/21 X 19" and will average 10' X 201 or greater. 18. That the Owner may mound dirt, and the Village will permit same, along Busse Road and the Owner may fence portions of the Property with a fence not exceeding six (6) feet in height, being of a design appropriate to the development as determined by the Owner. - 5 - a. Said mounding along Busse Road shall not exceed ten (10) feet in height from existing grade and shall not obstruct the view of traf- fic exiting to Busse Road as shown on Exhibit VI (Screening and Fence Plan), attached hereto and hereby made a part hereof. b. Mounding the other locations within the planned unit develop- ment shall not be so restricted in height. 19. That, in order to safeguard the residents of multi -family dwellings, the Owner will install double or bolt locks on all apartment unit entrance doors in subject building for protection against burglary. 20. That all provisions, conditions, and regulations set forth in this Agreement and the Exhibits to which it refers shall superside all Village ordinances, codes, and regulations that are in conflict therewith as 'they may apply to the subject property. Where this Agreement is silent, the Village ordinances shall apply and control. 21. That this Agreement shall be effective for a term of five (5) years from date hereof and that thereafter all properties in the planned unit development shall become subject to Village ordinances. a. It shall bind heirs and successors and assigns, the Village, its corporate officials, successors in office, and be enforceable by order of court pursuant to -the ptovisions of the statutes made and provided. b. Nothing herein shall in any way prevent alienation or sale of the subject property or portion thereof except that said sale shall be subject to the provisions hereof and of the planned unit development ordi- nance of the Village of Mount Prospect and the new Owner shall be both benefited and bound by the conditions and restrictions herein and therein expressed. 22. That, in the event any provisions of this Agreement shall be deemed invalid, then the invalidity of said provision shall not affect the vali- dity of any other provision hereof. IN WITNESS WHEREOF, the parties hereto have entered their hands and seals, this day of 1972, the same being done after public hearing, notice, and statutory requirements having been fulfilled. ATTEST: retary — M-W., V , iliage Clerk OWNER: AMERICAN NATIONAL BANK AND TRUST COMPANY, as Trustee Under Trust No. 76-994 By: By: Vi 1-1 a g e resident RESTRICTIVE COVENANTS J. M. BRICKMAN MIDWEST CORPORATION, an Illinois corporation, in ac- cordance with the provisions of Sec. 5.1 of the Zoning Ordinance of the Village of Mount Prospect providing for the creation of Planned Unit Developments and the regulation of the same, does hereby covenant with the Village of Mount Prospect, a municipal corporation of the County of Cook and the State of Illinois,, as follows: 1. J. M. BRICKMAN MIDWEST CORPORATION will maintain control of the Planned JTnit Development proposed on the property described as . Lot "A", except that part thereof bounded by a line described as follows: Beginning at the Southeast corner of said lot; thence West along the South line of Lot "A", 185.0 feet; thence Northerly parallel with the Easterly line of said Lot "A", 150.0 feet; thence East parallel with the South 11-Ine of Lot "A", 185.0 feet *to a point on the Easterly line of said lot, 150..0 feet to the place of beginning and also except that part thereof bounded by a 'line described as fol- lows: Beginning at a point on the South I ' ine of said Lot "A", 185.0 feet West of the Southeast corner thereof; thence West along said South line 172.0 feet; thence Northerly parallel with the Easterly line of said Lot "A", 155.0 feet;. thence East parallel with said South line of Lot "A", 172.0 feet; thence Southerly parallel with the Easterly line of said Lot "A", 155.0 feet to the place of beg -inning, in Woodview Manor, Unit No. 2, Being a subdivision of part of the Southeast 1/4 of Section 24, Township 42 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois; I to guarantee development substantially in accordance with Planned, Unit Development Ordinance No. approved by the President and Board of Trustees of the Village of Mount Prospect on 1972, for a period of eighteen (18) months following completion of said Planned Unit Development. 2. J. M. BRICKMAN MIDWEST CORPORATION does further covenant that for a period of twenty (20) years from the date of commencement of construction of said Planned Unit Development that it will, by con- tract(s), provide for adequate maintenance of all building exteriors, parking areas, and other paved areas, and of all open space located 1-1 2 - within said Planned Unit Development, which open space is defined as all of the land upon completion of construction of the said Planned Unit Development, less residential buildings, commercial buildings, parking areas and other paved areas. 3. That as final occupancy by residents occur as to each stage of development, J. M. BRICKIMAN MIDWEST CORPORATION will cause a Plat of Open Space Easement to be delivered to the Village of Mount Pros- pect for recordation, L which, by sca__-Ld Plats, it is intended to permanently guarantee open space substantially in accordance with said approved Planned Unit Development and any amendments thereto. Said Plats of Open Space Easement shall constitute a covenant running with the land for fifty (SO) years from the at of said recording of those covenants and shall be enforceable by said Village of Mount Prospect. 4. The covenants herein contained shall run with the and for, the periods of time set or herein. Thereafter, said covenants shall be extended automatically for successive periods of ten (10) years unless by a vote of the majority of the said landowners of the said property it is agreed otherwise. S. Nothing in those covenants shall in any way prevent aliena- tion or sale of the subject property or portion thereof except that said sale shall be subject to the provisions hereof and of the Planned Unit Development Ordinance of the Village of Mount Prospect and the new Owner shall be both benefited and bound by the conditions and restrictions herein and therein expressed. 6. By acceptance of these Restrictive Covenants, the Village of Mount Prospect acknowledges that its Ordinance relating to Restrictive Covenants has been fully complied with. 7. If the parties hereto, or any of them, or their it or assigns shall violate or attempt to violate any of the covenants herein, it shall be lawful for the other parties hereto including the Village of Mount Prospect to prosecute any proceeding at law or in equity - 3 - against the person or pers'ons violating or attempting to violate any such covenant "iand either to prevent him or them from'so doing or to recover damages or other dues for such violating. 8. These Covenants shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. J. M. BRICKMAN MIDWEST CORPORATION, an Illinois corporation ATTEST: B y: r 'Vesident "S E itary ATTEST: By*,, Village Clerk ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE PLANNED UNIT DEVELOPMENT OF PROPERTIES LOCATED ON THE WEST SIDE OF RIVER ROAD, NORTH OF CAMP McDONALD ROAD WHEREAS, the Plan Commission of the Village of Mount Prospect did hereto- fore conduct a public hearing under Case No. 72-10P on April 21, 1972, at the hour of 8:00 p.m., pursuant to a request for a special use in the na- ture of a planned unit development; and WHEREAS, a notice of the aforesaid public hearing was made in the manner provided by law and published in the April 3, lc_)72, edition of a newspaper of general circulation within the Village of Mount Prospect; and WHEREAS, the P rZ,-%, silent cand. Board of Trustees of the Village of Mount Pros- pect have del-lermined that the best interests of the Village of Mount Pros- pect will, lle a,ttai. Tied. by the adoption of the re deet under Case No. -72-10P regardi - 2 - � SECTION FOUR: That the Director of Building and Zoning of the Village of Mount''Prosped is hereby authorized to issue upon .recording of the afore- mentioned Exhibits A and C and upon proper application for building per- mits, such permits as may be required for the construction of the said planned unit development -- which construction shall be governed by the terms of Section 5.1 of the Mount Prospect Zuni ,ng Ordinance, thl"S ordinance herein, and all other applicable ordinances of the Village of Mo-unt Prospect, and in general conformity with the "Pros, ectus" attached hereto and hereby ,P made a part hereof as Exhibit D, with the further requirement: t that all of the aforementioned ordinances shall govern, and control said construction, in conformity with said "Prospectus'', so 'that ill cases of any conflict the more stringent standards shall control, A. The owner, J. M. BRICKMAN MIDWEST CORPORATION, shall have the option to construct the entire planned unit development at once -- or in stages as shown in the Stage Plan Exhibit at- tached hereto and hereby made a part hereof as Exhibit E. B. Construction of public improvements on site and off site shall proceed pursuant to Section S.1 of the Zoning Ordinance, or if J. M. Brickman Midwest Corporation desires to construct the said planned unit development in stages as shown upon, the said Exhibit E, the stages of development -may proceed in any sequence as de- termined by J. M. Brickman Midwest Cor,poration so long as the water mains, storm and sanitary sev;er lines, and access roads within any given stage shall have been constructed and instal1ed by the Owner and approved and accepted by the Village before the Village shall issue any building permits for buildings located within that given stage. For fire fighting purposes, the afore- mentioned "access roads" shall mean those private roads re'flected on the Site Plan (Exhibit B), except that no asphaltic tops ng has been installed thereon. C. Before the acceptance by the Village of ownership of any on- site water mains or sanitary sewer lines reflected in the said On -Site Utility Plan (Exhibit F), J. M. Brickman Midwest Corpora- tion shall convey to the Village of Mount Prospect sufficient easements (minimum 10 feet wide) for the maintenance of such on- site water mains and sanitary sewer lines and shall post with the Village bonds in a form approved by the Village Attorney and in sufficient amount as to guarantee said construction and installation for a period of two (2) years from the date of ac- ceptance of said water mains and sanitary sewer lines. D* The storm water retention shown upon the Site Plan (Exhibit B) shall be of a minimum acre feet capacity. SECTION FIVE: That as each stage of development is completed and occu- pancy cerciicates are issued for all of the residencies in such stage, J. M. Brickman Midwest Corporation will cause a Plat of Open Space Ease- ment to be delivered to the Village of Mount Prospect. A. These plats shall be recorded and shall contain such wording sufficient to permanently guarantee the open space as shown on such easement in accordance with the said planned unit development and any amendments thereto. B. That said Plats of Open Space Easement shall constitute a covenant running with the land and shall be enforceable by the said Village of Mount Prospect. SECTION SIX: That this ordinance together with all its exhibits and p1ans, shall be recorded in the Office of the Recorder of Deeds of Cook County, 'Illinois upon completion of the planned unit development herein; and the Restrictive Covenants contained on Exhibit C hereto shall be - 3 - recorded immediately upon the execution thereof and the passage and approval of this ordinance, SECTION SEVEN: That this ordinance shall be in full force and effect rrom an a der its passage, approval, and publication in the manner pro- vided by law and the recording of the Plat of Subdivision and Restrictive Covenants attached hereto as Exhibit A and C. respectively, PASSED AND APPROVED this ATTEST,: 7iJ1,1"1a'_g__e' Clerk day of 1972. ViiagePresat ent ORDINANCE NO. AN ORDINANCE AMENDING MAP 38-S OF THE MOUNT PROSPECT ZONING ORDINANCE WHEREAS) the Plan Commission of the village of Mount Prospect did heretofore conduct a public hearing under Case No. 7_13P at the hour of 8:00 p.m. on June 16, 1972, pursuant to a request for zon- ing classification changes in conjunction with a planned unitde- velopment, which requested changes were from R- (Single Family Resi- dence District) to R.-4 (Residential Development District) of certain property hereinafter described; and WHEREAS, a notice of the of r°e "cid. public hearing in the manner provided by law and published, in the June 2, 19721, i" newspaper of general circulation within the Village of Mount Pros- pect;and WHEREAS, the Plan Commission as recommended that the zoning changes be granted; and WHEREAS, the President and Board of 'Trustees of the Village Prospect on August1 1972, did hold a pre -annexation he i mannerr v" e by law regarding the aforeiTientioned request for a planned unit development;and WHEREAS, the President and Boardof Trustees of the Villge Prospect r i e t the best interests f the Village Mount Prospect e attained by the adoption of the Plani.ss" s recommendation e r Case No. 72-13P regarding the subject property, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF E VILLAGE OF MOUNT CT, COOK COUNTY, ILLINOIS: SECTION ONE: That wZoningOrdinance of r Village of Mount Prospect, as amended, be and are hereby further amended by re - Residence .... rict) to R-4 .. si- dential Development District) that land legally described as follows: The South to acres of the Southeast 1/4 of the Northeast 1/4 of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian (except the West 210.0 feet thereof and also ex- cept the East 50.0 feet thereof) also The South 5 acres of the North 10 acres of the South 20 acres of the Southeast 1/4 of the North- east 1/4 of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian (except the West 210.0 feet thereof and also except the East 50.0 fleet thereof al so That part of the North 5 acres of the South 20 acres of the Southeast 1/4 of the Northeast 1/4 of Section 2, Township 41 North, Range 11 East of the Third Principal Meridian, bounded by a line descri bed as follows. Beginning at a point on the East line of said tract at a point 121.89 fleet South of the North line of said tract; thence West 772.0 feet on a line parallel with the North line of said tract; thence South 42.32 feet to a point on the South line of said tract; thence East 772.0 feet parallel with the North line of said tract to a point on the East line thereof; thence North to the place of begin- ning, (except the East 50.0 feet thereof), all in Cook County, Illinois. SECTION TWO: That the development of the property described in SEC- 71ON ONM"�aove shall be in conformity with the plans contained in the pre -annexation agreement made a part of Resolution passed and approved by the President and Board of Trustees of the Village of.Mount Prospect on —1 1972. SECTION THREE: That this ordinance shall be in full force and effect om and after the recording of an approved plat resubdividing the subject property into one (1) lot of record; and after its passage, approval, and publication in the manner provided by law. AYES: Q PASSED AND APPROVED this day of .4 1972. Village President Village Clerk ORDINANCE NO. AN ORDINANCE AMENDING MAP 50-,N OF THE MOUNT PROSPECT ZONING ORDINANCE WHEREAS, the Plan Commission of the Village of Mount Prospect did heretofore conduct a public hearing under Case No. 72-10P, at the hour of 8-00 p.m. on April 21, 1,972, pur:.s,,uaii,t to a request for zoning classification changes in con)un,ction with a planned unit development, which requested changes, were froiti R -X (Single Family Residence District) to R-4 (Residential Developnient District) of certain property hereinafter described; and WHEREAS, a notice of the aforesaid public hearing was made in the manner provided by law and published in the April 3, 1972, edition of a newspaper of general circulation within the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village of Mount Prospect will be attained by granting the request under Case 0 No. 72-10P regarding the subject property, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEEN_ OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Map SO -N of the Zoning Ordinance of the Village of 0 spect, as amended, be and is hereby further amended by re- class e classify,ing from R -X (Single Family Re.sidence District) to R-4 (Resi- dential Development District) describec' as follows: Lot ''A", except that part, thereof bounded by -a line _r_ - described as 01 owl: Beginning at the Southeast corner of said lot; thence West alo-rcj -,he South "ine of Lot "A'', ,85.0 feet- thence Nor-therly parallel with h a n c e 14 - the Easterly' ne of aid Lot "A", 1 feet1 5 11 East parallel witl�, the South lina O'' Lot "All I 1185 . 0 4 d I ot, f e e t" t o a p n o r. IL-. h a s t e r I y r, e ol sai 150.0 feet to the place of beginning and also except that part thereof bounded by a 1lne described as fol - I lows,* Beginning at a point on the South 'line of said Lot "V 185.0 feet West-, of the Southeast- corner thereof; t1hence West along said South line 172.0 feet; thence Northerly parallel with the Easterly line of said Lot "A", '155.0 feet; thence East parallel vjit�, said South line of Lot "A", 172.0 feet; thence Sou �,herly parallel with the Easterly line of said Lot "A", 11,55.G feet to the place of beginning, in Woodview Manor, Unk 4 t No. 2, being a subdivision of part of the Southeast 1/4 of Section 24, Township 42 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois. AYES *. NAYS: PASSED AND APPROVED this day of 1972. illa-ge President aleClerk ORDINANCE NO. I we] 689 a ILI WHEREAS, the Board, of Appeals of the Village of Mount Prospect held a speci,al, 'Meeting ion July 12, 1972, at the hour in, the Mount Pros, ect Villag6 Hall, pursuant to notice published in ,P the Mou,nt Prospect Harold on' ,June 26 1972 and WHEREAS, the Board of Appeals of'the Village of Mount Prospect heard testimony presented under Case No. 72-19A pertaining to a re- quest to repeal paragraphs (a), (b), (c), (h), and (i) of Section One of Ordinance No. 1194; and WHEREAS, the Board of Appeals recommended to the Board of Trustees of the Village of Mount Prospect to grant the request under Case No. 72-19A; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have reviewed the matter herein and have determined that the same is for the best interests of the Village of Mount Prospect; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That paragraphs (a), (b), (c), (h), and (i) of Section One o rdinance No. 1194, passed and approved March 21, 1967) be and the sale are hereby repealed. SECTION TWO: That this Ordinance shall be in full force and effect from an ter I its publication and approval in the manner provided by law. AYES: NAYS: PASSED and APPROVED this day of , 1972. V age Cl e r g 3 . ...... President ORDINANCE NO., AN ORDINANCE PROVIDING FOR THE PLANNED UNIT DEVELOPMENT OF PROPERTIES LOCATED WEST OF BUSSE ROAD AND SOUTH OF CHARLOTTE ROAD'EXTENDED WHEREAS, the Plan Commis''sion of the Village of Mount Prospect di -d hereto- fore conduct a public hearing under Case No. 72-13P on June 16, 1972, at the hour of 8:00 P.M., pursuant to a' request for a special ecial use in the na- ture of a planned unit development; and WHEREAS, a notice of the aforesaid public hearing was made in the man- ner:provided by law and published in the June 2, 1972 edition of a news- paper of general circulation within the Village of Mount Prospect; and WHEREAS, the Plan Commission recommended that the development proposed during the course of said hearing be 'authorized; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect on August 1, 1972, did hold a pre -annexation hearing in the manner provided by law, regarding the aforementioned request for a planned unit development; and WHEREAS, the President.and Board of Trustees of the Village of Mount Prospect have determined that the best i ' nterests of the Village of Mount Prospect will be attained by the adoption of the Plan Commission's' re- commendation under Case No. 72-13P regarding the subject property; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have passed and approved Resolution No., 'authorizing the annexation and development of the subject property as a planned unit de- velopment; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:, SECTION ONE: That a special use permit be and is hereby granted to allow itram-XT—Lewis, Harvey B. Lewis and J. Laurence Kleinfeld.. or their as- signees, to construct a planned unit development upon the following des- cribed property: The South 10 acres of the Southeast 1/4 of the Northeast 1/4 of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian (except the West 210.0 feet thereof and also ex- cept the East 50.0 feet thereof) also The South 5 acres of the North 10 acres of the South 20 acres of the Southeast 1/4 of the North- east 1/4 of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian (except the West 210.0 feet thereof and also except the East 50.0 feet thereof) al so That part of the North 5 acres of the South 20 acres of the Southeast 1/4 of the Northeast 1/4 of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian, bounded by a line described as follows: Be- ginning at a point on the East line of said tract at a point 121.89 feet South of the North line of said tract; thence West 772.0 feet on a line parallel with the North line of said tract; thence South 42.32 feet to a point on the South line of said tract; thence East 772.0 feet paral- lel with the North line of said tract to a point on the East line thereof; thence North to the place of beginning, (except the East 50.0 feet thereof), all in Cook County, Illinois. - 2 - A Plat subdividing the subject tract is attached hereto and made a part hereof as Exhibit A; and which subdivision in accordance with the special use permit granted herein shall not be re -subdivided hereafter. SECTION TWO: That the planned unit development herein and above authori- zed and permitted shall be constructed pursuant to the terms set forth in an annexation agreement between 4N "4AAMAw" WMAHM - n age of Mount rospect, 717 annexation agreement, enFit", r'67 into and executed 1 1972, is attached hereto and hereby made a part hereof as Ex7lb7 Aiiiii - it A SECTION THREE,- That the Director of Building and Zoning of the Village of Mount Prospect is hereby authorized to issue, upon proper application, such building permits as may be required for the said planned unit develop- ment, the construction of which shall be governed by the terms of the said annexation agreement, Section 5.1. of the Mount Prospect Zoning Ordinance, this ordinance herein, and all other applicable ordinances of the Village of Mount Prospect. SECTION FOUR: That as each stage of development is completed and occu- pancy c Ticates are issued for all of the residencies in such stage, Bertram A. Lewis, Harvey B. Lewis and J. Laurence Kleinfeld, or their assignees, will cause a Plat of Open Space Easement to be delivered to the Village of Mount Prospect. A. These plats shall be recorded and shall contain such wording sufficient to permanently guarantee the open space as shown on such easement in accordance with the said planned unit development and any amendments thereto. B,. That said Plats of Open Space Easement shall constitute a covenant running with the land and shall be enforceable by the said Village of Nount Prospect. SECTION FIVE: That this ordinance together with all. its exhibits and Flans shall be recorded in the Office of the Recorder of Deeds of Cook County, Illinois upon completion of the planned unit development herein; and the Restrictive Covenants contained in Exhibit C hereto shall be re- corded immediately upon the execution thereof and the passage and approval of this ordinance. SECTION SIX: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in a. manner provided by law and the recording of the Restrictive Covenants which shall enure to and be for the benefit of the Village of Mount Prospect and which covenants are attached hereto as Exhibit C; said covenants guaranteeing among other things: (1) the development of the subject property in accordance with the planned unit development herein; (2) the continued maintenance and protection of all public open space and common open space with the said planned unit development; (3) the right of the Village of Mount Prospect to enforce said covenants by any appropriate action in law or in equity; and (4) the guarantee of the Owner that common ownership or control shall extend to all portions of the planned unit development for a period of not less than eighteen (18) months following its completion, which common ownership or control shall extend to all common open space, landscaping, exterior maintenanceY and all other exterior aspects of the development for a period of not less than twenty (20) years. AYES. NAYS: PASSED AND APPROVED this day of 1972. F11108:163 Village '"Cl"erk Village President ORDINANCE NO. AN ORDINANCE ANNEXING PROPERTY LOCATED WEST OF BUSSE ROAD AN SOUTH OF CHARLOTTE ROAD EXTENDED WHEREAS, a written petition under oath signed by the owners of record of land hereinafter described has been filed with the Village Clerk of the Village of Mount Prospect requesting that said land be annexed to the Vil- lage of Mount Prospect; and WHEREAS, no electors reside upon the said property to be annexed; an4i WHEREAS, the said land is not within the corporate limits of any munici- pality, but is contiguous to the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect find and believe it to be in the best interests of the said Village that said land and territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS., 6ECTION ONE: That all land and territory legally described as follows: The South 10 acres of the Southeast 1/4 of the Northeast 1/4 of Section 22, Township 41 North, Range 11 East of the Third Principal Meredian (ex- cept the West 210.0 feet thereof and also except the East 50.0 feet thereof) also The South 5 acres of the North 10 acres of the South 20 acres of the Southeast 1/4 of the Northeast 1/4 of Section 22, Township 41 North, Range 11 East of the Third Principal Meredian (except the West 210.0 feet thereof and also except the East 50.0 feet thereof) also That part of the North S acres of the South 20 acres of the Southeast 1/4 of the Northeast 1/4 of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian, bounded by a line described as follows: Begin- ning at a point on the East line of said tract at a point 121.89 feet South of the North line of said tract; thence West 772.0 feet on a line parallel with the North line of said tract; thence South 42.32 feet to a point on the South line of said tract; thence East 772.0 feet parallel with the North line of said tract to a point on the East line thereof; thence North to the place of beginning, (ex- cept the East 50.0 feet thereof), all in Cook County, Illinois; an accurate map of which territory is attached hereto and made a part hereof by this reference, be and the same is hereby annexed to the Village of Mount Prospect, Cook County, Illinois. SECTION TWO: That the Village Clerk of the Village of Mount Prospect is h—ere-by dire'cted to file in the Office of the Recorder of Deeds of Cook County, Illinois, a certified copy of this ordinance together with an accurate map of the territory annexed. SECTION THREE: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. AYES: NAYS: PASSED AND APPROVED this day of 1972. F111*14" Village Clerk WWW'age President RESOLUTION NO. A RESOLUTION DIRECTING THE EXECUTION OF AN ANNEXATION AGREE- MENT REGULATING THE ANNEXATION OF PROPERTY LOCATED ON MAP 38-S 'OF THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT WHEREAS, THE CORPORATE AUTHORITIES OF THE VILLAGE OF MOUNT PROSPEC' r at the hour of 8,-010 p.. on August 1, 1972, did hold a public hearing upon the proposed annexation agreement for the re- gulation of the annexation ofP 'roperty to the Village of Mount Prospect, which property is located on Map 38-S of the Zoning Ordi- nance of the Village of Mount Prospect; and WHEREAS., the President and Board of Trustees of the Village of Mount Prospect believe that such agreement is for and in the best interests of the Village of Mount Prospect. NO�V, THEREFORE, BE IT RESOLVED, BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOLJNT PROSPECT: SECTION ONE: That the President of the Board of Trustees of the Village oda® Mount Prospect is hereby authorized to sign and the Vil- lage Clerk of the Village of Mount Prospect is hereby authorized to attest the annexation agreement made a part hereof and attached here- to as Exhibit "A", which annexation agreement, subject to the provisions of Article 7 of the Illinois Municipal Code of 1961, shall regulate the annexation of the following described property: The South 10 acres of the Southeast 1/4 of the Northeast 1/4 of Section 22, Township 41 North, Range 11 East of the Third Princi- pal Meridian (except the West 210.0 feet thereof and also except the East 50.0 feet thereof) also The South 5 acres of the North 10 acres of the South 20 acres of the Southeast 1/4 of the North- east 1/4 of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian (except the West 210.0 feet thereof and also except the East 50.0 feet thereof) also That part of the North S acres of the South 20 acres of the Southeast 1/4 of the Northeast 1/4 of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian, bounded by a line described as follows: Beginning at a point on the East line of said tract at a point 121.89 feet South of the North line of said tract; thence West 772.0 feet on a line parallel with the North line of said tract; thence South 42.32 feet to a point on the South line of said tract; thence East 772.0 feet parallel with the North line of said tract to a point on the East line thereof; thence North to the place of beginning (except the East 50.0 feet thereof}, all in Cook County, Illinois, SECTION TWO: That the said annexation agreement shall be binding upon tH-e successor owners of record of the above-described land which is the subject of the said agreement and upon successor municipal authorities of this Village of Mount Prospect, Cook County, Illinois. - 2 - SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law, AYES: NAYS: PASSED AND APPROVED this day of q 1972, ATTEST: Village Clerk Village President