HomeMy WebLinkAbout2443_001NEXT ORDINANCE NO. 2379
NEXT RESOLUTION NO. 27-72
0 R D E R 0 F
Village Board
Village of Mount Prospect
1. Call to order
2. Invocation Trustee Furst
3. Roll call
BILI L - D ING DEPARTMENT
all
B U S I N E S S
Tuesday, 8:00 P. M.
October 17, 1972
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 October 3, 1972
5. Approval of bills
Financial report for the month of September, 1972
6. Introduction of three newly -appointed lieutenants -
Mount Prospect Fire Department
7. Communications and petitions
8. Public hearing -
pre -annexation and zoning - Lake
Briarwood area (SEE EXHIBITS 1. 2, 3 an 4)
9. Manager' s Report
1. Comment on flood control measures
Committee Chairmen Reports
A. Building Committee
1. Wille Co. 100 W. Northwest Highway petition for
variation rear yard; parking; sign Case No. 72-32A)
2 Marathon Oil Co. 1001 S. Busse Rd. Petitio-n for sign
variations (Case No. 72-31A)
3. Second reading of an ordinance granting variation
Arnar Stone (Case 72-29A) (SEE EXHIBIT "All)
4. Second reading of ordinance granting special use
permit Di Mucci Home Bldrs. 1821 Golf Rd.
(SEE EXHIBIT 11B11)
Finance Commi ttee
C. Fire and Police Committee
I. First reading of an ordinance providing standards
for the erection of "stop" and "yield" signs
{SEE EXHIBIT
2. First reading of an ordinance controlling sight
distances (SEE EXHIBIT I'D")
D. Judiciary Committee
1. Second reading of ordinance amending Map 7-S
(Case 72-15P) 100 W. Northwest Hwy. - Wille Bldg.
Corp. I -I to B-3 �SEE EXHIBIT "Ell}
2. Case No. 72-19P Richard Fanslow - pre -annexation
and rezoning - 524 E. Algonquin - RX to R4 PUD
E 161 Public Health and Safety Committee
F. Public Works Committee
12. Other Business
1. Continuation of public hearing for annexation of
property south of Algonquin and east of Nordic Rd.
2. Dougherty 's Resubdivision plat
3. An ordinance authorizing the purchase of 108-110 E.
Northwest Highway (SEE EXHIBIT 'IF")
4. An ordinance authorizing purchase of certain
property for right-of-way purposes
13. Items to be referred
14. Committee announcements
15. For information only
1. Letter from Atty. DiLeonardi re PUD
at Foundry & Ri ver Rd.
16. Adjournment
Sergeant -at -arms Patrolman Raymond Lessner
MINUTES OF THE REGULAR MEETING
OF THE
MAYOR AND BOARD OF TRUSTEES
October 3, 1972
CALL TO ORDER
Mayor Tei chert called the meeting to order at 8:20 P. M.
INVOCATION
Trustee Scholt-en gave the invocation.
ROLL CALL
Present upon rol I cal 1 Ahern Anderson Furst Li n k
Richardson Schol ten Tei chert
Motion carried.
APPROVAL OF MINUTES OF THE REGULAR MEETING SEPTEMBER 199 1972
Correction of typo in'draft minutes, pg. 2, 4th line "complain".
Trustee Link, seconded by Trustee Scholten, moved for approval
of the minutes of the regular meeting September 19, 1972 as
amended.
Upon roll call: Ayes: Ahern Anderson Furst Li n k
Richardson Schol ten
Motion carried.
APPROVAL OF MINUTES OF THE SPECIAL MEETING SEPTEMBER 26s 1972
Trustee Richardson, seconded by Trustee Scholten , 'moved to
approve the minutes of the special meeting September 26, 1972
as submitted.
Upon roll call: Ay -es: Ahern Anderson Furst Li n k
Richardson Schol ten
Motion carried.
RATIFICATION OF ACTION TAKEN AT SPECIAL MEETING
Trustee Ahern , seconded by Trustee Ri ch a rds on , moved to
ratify the action taken at the special meeting of September
261, 1972.
Upon roll call: Ayes: Ahern Anderson Furst L i n k
Richardson Schol ten
Motion carried.
APPROVAL OF BILLS
Trustee Richardson, seconded by Trustee Ahern, moved for
approval of bills in the following amounts:
General $1139527.84
Parking System Revenue 176.05
Motor Fuel Tax 559247.11
Waterworks & Sewerage
Depr. . Impr. & Ext. 16,034.00
Operation & Maintenance 28 11165 .74
$213150.74,
Upon roll call: Ayes.- Ahern Anderson Furst Li n k
Richardson Schol ten
Motion carried.
COMMUNICATIONS & PETITIONS
Mr. Ray C. Friend, 414 S. Wille St. represented members
of a committee formed to consider the safety hazard at
Route 83 from Prospect Avenue to Council Trail. This
matter will be discussed with the Safety Commission on
November 6th at 7:30 P. M.
MAYOR'S REPORT
Resolution 20-72 previously passed, was engraved on
parchment and framed. Mayor Teichert presented this
resolution of commendation to Mr. Stuart Paddock in
honor of their 100th ahni versary.
Mayor Tei chert proclaimed the week beginning October 8,
1972 as Fire Prevention Week.
Mayor Tei chert proclaimed the month of October as
Mount Prospect Combined Appeal Month.
Trustee Ahern-, seconded by Trustee Richardson, moved to
authorize the appointment of Marlin Smith of Ross, Nardi es,
O'Keefe as attorney for the Village of Mount Prospect to
bring suit against the owners of the Alpine Apartments for
collection of an outstanding sewer bill.
Upon roll call: Ayes: Ahern Anderson Furst Li n k
Richardson Schol ten
Motion carried.
Trustee Anderson, seconded by Trustee Furst, moved to
authorize the Mayor to sign a contract to acquire property
subject to terms decided upon in Executive Session, all to
be formalized at the meeting of October 17th.
Upon roll call: Ayes: Ahern Anderson Furst Li nk
Richardson Schol ten
Motion carried.
p. 2 10/3/72
Mayor Tei chert directed a memorandum to the Board dated
October 3rd regarding the Mayor's Steering Committee as
it concerns the Metropolitan Housing Coalition of the
Leadership Council for Metropolitan Open Communities.
There are three basic procedures for funding and subsidiz-
ing housing.- 1) the government buys property in the muni-
cipality and makes it available on its terms without con-
sent of the muni ci pal i ty; 2 the government hel ps pri vate
enterprise buy the property and imposes limited terms, also
wi thout the consent of the muni ci pal i ty; and 3) the govern-
ment buys the property in cooperation with the local govern-
ment and imposes limited terms, but with the consent of the
municipality.
Mayos Tei chert reported that within the month he will pass
on to the Communi ty Servi ces Commi ssi on the accumul ated
materials on Housing Coalition for their review and recom-
mendations.
Mayor Tei chert reported that on the agenda of the next
Board Meeting he will read a proclamation to the community
designating "Trick or Treats Day" the Sunday before Halloween
to ensure the safety of children going about the community
during the daylight hours rather than after dark.
MANAGER' S REPORT
The Village Manager commended David Creamer and the Public
Works Department for the effectiveness of the earthen dike
along Lawrence Lane which has alleviated the flooding problem.
He further reported hehas submitted an application for the
federal flood insurance program.
Trustee Anderson, seconded by Trustee Richardson, moved to
waive the fees for ,Prospect High School for their fireworks
display on October 5th.
Upon roll call: Ayes Ahern Anderson Furst L i n k
Richardson Schol ten
Motion carried.
Mayor Tei chert and the Village Board requested the Village
Manager to send commendations to the Police Department for
the excellent work in apprehending an alleged murderer.
COMMITTEE CHAIRMEN REPORTS
BUILDING COMMITTEE
Trustee Anderson, seconded by Trustee Furst, moved for
passage of Ordinance #2378:
AN ORDINANCE GRANTING FRONT YARD REQUIREMENT VARIATION
FOR PROPERTY LOCATED AT 1409 SAUK LANE, MT. PROSPECT, ILL.
(Case 72-25A)
p. 3 10/3/72
Upon roll call: Ayes Ahern Anderson Furst Li n k
Richardson Schol ten
Motion carried,
An ordinance granting a variation for property located at
the southeast corner of Kensington Road and Wheeling Road
(extended) - Arn-er Stone - Case 72-29A was deferred to the
next regular meeting to add an amendment to the ordinance
to insure that by granting the parking variations the ordinance
will only apply to Arner Stone and not to any future' owner.
Trustee Anderson, seconded by Trustee Richardson, moved the
Village Board over -ride the denial of the Mount Prospect
Board of Appeals and approve the special use request for a
restaurant in an R-4 District at 1821 Golf Road (Case 72-30A).
Upon roll call: Ayes : Anderson Furst Richardson Schol ten
Nays: Ahern Link
Motion carried.
An ordinance granting a special use permit to Di Mucci Home
Builders, Inc., for property located at 1821 Golf Road,
Mount Prospect Illinois was read for first reading and the
Clerk was requested to place this matter on the agenda of
the next regular meeting.
JUDICIARY COMMITTEE
An ordinance amending Map 7-S of the Mount Prospect Zoning
Ordinance (Case 72-15P.- Wille Building Corp. 100 W. North-
West Highway) rezoning property from I-1 to B-3 was read for
first reading and the Clerk was requested to place it on the
agenda for final reading at the next regular meeting.
OTHER BUSINESS
The public hearing for annexation of property south of Algonquin
and east of Nordic Road was continued to the next meeting.
An ordinance increasing the number of taxicab licenses to
be issued by three, and amending Section 11.1102 of the Muni -
ci pal Code was read for f i rs t readi ng and the Cl e rk was re-
quested to pl ace i t on the agenda for f i nal readi ng at the
next regular meeting.
The Village Manager was requested to contact the owner of the
Prospect Cab Company regarding the condition of the vehicles
now i n use.
Trustee Furst, seconded by Trustee Richardson, moved to
authorize the Mayor and Clerk to sign and attest the L. E.
Singley plat of subdivision, subject to posting of public
improvement bonds, if any.
Upon roll call: Ayes Ahern Anderson Furst Li nk
Richardson Scholten
Motion carried.
Trustee Richardson, seconded by Trustee Richardson, moved
to authorize the Mayor and Clerk to sign and attest the
River/Euclid plat of subdivision, subject to posting of
public improvement bonds, if any, and subject to thd
opinion of the Village Attorney.
Upon roll call: Ayes: Ahern Anderson Furst Li nk
Richardson Scholten
Motion carried.
ITEMS TO BE REFERRED
A request of Montgomery Ward to sell imported wines in
conjunction with the health food concept was referred to
the Finance Committee.
COMMITTEE ANNOUNCEMENTS
Finance Committee - October 16th - Agenda: Dover Inn
le application forliquor license
Public Health and Safety Committee - October 11th.
Fire and Police Committee - October 27th - Sight distance
ordinance, stop signs, arterial -streets, and recommenda-
tions from the Fire Chief.
Judiciary Committee October 12th
Building Committee October 25th at 8:00 P. M.
Agenda: Kaplan & Braun variation petition; garbage con-
tainers and receptacles; revised draft on swimming pool
ordinance
EXECUTIVE SESSION
Trustee Furst, seconded by Trustee Ahern, moved to waive
notice for an Executive Session to discuss litigation,, fol low-
ing adjournment.
Upon roll call: Ayes: Ahern Anderson Furst Link
Richardson Scholten
Motion carried.
ADJOURNMENT
Trustee Ahern, seconded by Trustee Furst, moved the meeting
be adjourned. Time: 10:30 P. M. Unanimous.
DONALD W. GOODMAN, Village Clerk
RESOLUTION NO. I
A RESOLUTION DIRECTING THE EXECUTION OF AN ANNEXATION
AGREEMENT REGULATING THE ANNEXATION OF PROPERTY LOCATED
ON MAP 37-S OF THE ZONING ORDINANCE OF THE VILLAGE OF
MOUNT PROSPECT
WHEREAS, pursuant to proper legal notice published September 28, 1972,
the corporate authorities of the Village of Mount Prospect, at the hour
of 8:00 p.m., on October 17, 1972, did hold a public hearing upon the
proposed annexation agreement for the regulation of the annexation of
property to the Village of Mount Prospect, which property is located on
Map 37-8 of the Zoning Ordinance of the Village of Mount Prospect; and
WHEREAS, the Mayor 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;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT., COOK COUNTY, ILLINOIS:
SECTION ONE: That the President of the Board of Trustees of the Village
of Mount Pr I ospect is hereby authorized to sign and the Village Clerk of
the Village of Mount Prospect is hereby authorized to attest the annexa-
tion agreement made a part hereof and attached hereto 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 fol-
lowing described property:
Lots 45, 46, 473, 48 add 49 and all t1lat pari. of Briarwood
Drive West lying Easterly of a straight line drawn from the
North West corner of Lot 49 to the SouLla West corner of Lot
42 and lying Westerly of a straight line drawn from the North
East corner oA7- Lot 45 to the South Ecst corner of Lot 44 all
in Lake Briarwood Unit No. 2, a subdivision of part of the
West 1/2 of ti-1ke East 1/2 of Section 22, Tovash-ip 41 North,
Range 11, East of the Third Principal. Meridian, also the
Southerly 90.0 feet, as measured at right angles to the South
line thereof, of Lot 9, the Southerly 90,0 feet, as measured
at right angles to the South line thereolf, of Lot 10, all of
Lots 11, 12, 17, 18, the Southerly 70.0 feet, as measured at
1 7 ,C -
right angles to the South line thereo.-LE , 0 A_ U0 _ 19, and t'e,.
Southerly 70.0 feet as measured at right angles to the South
LD
Nine thereof, of Lot. 20 and all thaz pa�:t of Lynn Court lying
Southerly of the Westerly extension of 'Nort-h !.-'L'nr- of the
South 70.0 feet, as measured at right to the Souzh 'line
tnereof, of Lot 19, all -in Lake Briarwoo�2 a s-"bdivision of
part of the West 1/2 of the East 1/2 of Section 22, Township
41 North, Range 11, East of the Third Principal Meridian, all
in Cook County, Illinois.
SECTION TWO: That the said annexation agreement shall be binding upon
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.
SECTION" THREE : That this Resolution shall be in full force and effect
m an afte"r its passage and approval in the manner provided by law.
AYES:
NAYS:
PASSED and APPROVED this day of 1972.
ATTEST:
V
I
Pre -Annexation Agreement
WHEREAS, the National Bank of Austin as Trustee under Trust
and not, personally
No. 3493 is the owner of the following parcels of real estate:
and
Lots 11, 12, 17, and 18 in Lake Briarwood, a subdivision
of part of the West Half of the East Half of Section 22,
Township 41 North, Range 11, East of the Third Principal
Meridian; and
The Southeasterly 901 of Lots 9 and 10 as measured at
right angles to the Southeasterly line of said Lots 9
and 10; and the Southeasterly 701 of Lots 19 and 20 as
measured at right angles to the Southeasterly line of
said lots 19 and 20 (except any part thereof falling in
al
the Northeasterly 681 of said Lot 20), all in Lake Briar -
wood, a subdivision of part of the West Half of the East
Half of Section 22, Township 41 North, Range 11, East of
the Third Principal Meridian; and
Lots 45 through 47, inclusive, in Lake Briarwood Unit #Z,
a subdivision of part of the West Half of the East Half
of Section 22, Township 41 North, Range 11, East of the
Third Principal Meridian, in Elk Grove Township, Cook
County, Illinois;
WHEREAS, the Michigan Avenue National Bank as Trustee under
Trust No, 1588 is the owner of the following additional real estate:
Lots 48 and 49 in Lake Briarwood Unit No. 2, a subdivision
of part of the West half of the East half of Section 22,
Township 41 North, Range 11, East of the Third Principal
Meridian, in Elk Grove Township, Cook County, Illinois,*
Mrs
WHEREAS, the Village of Mount Prospect, a municipal corporation,
organized under the laws of the State of Illinois, hereinafter referred
to as the "Village", has the power under state law to enter into an
annexation agreement such as sot forth herein; and
WHEREAS, the owners have heretofore filed a petition to annex
to the Village parcels of land of which they are the owners, hereinafter
referred to as the "subject property", contingent upon the provisions of
this is agreement; and
WHEREAS, all parties believe it to be in the best interests of
the Village and the Owners that the subject property be annexed to the
Village of Mount Prospect; and
WHEREAS, the Owners have plans for the use of the subject
property upon its annexation. to the Village of Mount Prospect; and
[�aoQo� `�p ,.
- 2 -
WHEREAS, it is beneficial to both the Village and the Owners
that the subject property be annexed and developed as planned;
NOW, THEREFORE, it is agreed by and between the Village and
Owners as follows:
1. That the Village will annex, and that the Owners herein-
above described will join the Village in the annexation of, the subject
property.
2. That the Village shall pass such ordinances as will enable
the subject property to be zoned R-1, Single Family Residence District,
under the zoning ordinances of the Village of Mount Prospect.
3. That within the terms of this Agreement., the Owners shall
construct or shall cause to be constructed upon each of the lots com-
prising the subject property a single family residence.
A. The subject property shall be resubdivided in accord
with the Plat of Subdivision attached hereto and made a part hereof as
Exhibit I.
i. In accordance with Village ordinances, the Owners
.shall post subdivision bonds guaranteeing the installation of public im-
provements as shown upon the Utility Plan attached hereto and made a
part hereof as Exhibit II.
ii. It is understood, however, that the Owners will
not install public sidewalks in the public right-of-way adjacent to and
along the frontage of each subdivided lot -- since the remaining lots in
the original subdivision known as Lake Briarwood and Lake Briarwood Unit
#2 have been developed without public walks so as to create a rural atmos-
phere,,
B. All provisions, conditions, and regulations set forth
in this Agreement and the documents or plans to which it refers shall
supersede all Village ordinances, codes, and regulations that are in
conflict herewith as they may apply to the subject property. However,
where this Agreement is silent, the Village ordinances shall apply and
control,
4. That this Agreement shall be effective for a term of
- 3 -
five (5) years from the date hereof.
A. It shall bind the heirs, successors, and assigns of
the Owners; the Village; its corporate officials; and their successors
in office.
B. Nothing herein shall in any way prevent the alienation
or sale of the subject property or portion thereof and the new owner or
owners shall be both benefited and bound by the conditions and restric-
tions herein expressed".
5. That, in the event any provisions of this Agreement or,
part thereof shall be deemed invalid, such invalidity of said provision
or part thereof shall not affect the validity 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 pursuant to public hearing, notice, resolution, and other statutory
requirementhaving been fulfilled.
VILLAGE OF MOUNT PROSPECT
By
715-11 a g e ANN Press ho, n t
ATTEST:
Village C er
OWNERS:
NATIONAL BANK OF AUSTIN, as Trustee
under Trust No. 3493
e By:
MICHIGAN AVENUE NATIONAL BANK, as
Trustee under Trust No. 1588
By:
ORDINANCE NO.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO DIMUCCI
HOME BUILDERS, INC., FOR PROPERTY LOCATED AT 1821 GOLF
ROAD ROSPEILLINOIS
. .. . ........
WHEREAS, the Board of Appeals of the Village of Mount Prospect did hold
a public hearing on September 28, 1972, at the hour of 8:00 p.m., in
the Mount Prospect Village Hall, pursuant to notice published in the
Mount Prospect Herald on September 8, 19'72; and
WHEREAS, the Board of Appeals of the Village of Mount Prospect did hear
the testimony presented under Case No. 72-30A pertaining to a request'
by DiMucci Home Builders, Inc. for a certain special use to permit a
private club restaurant upon the residentially zoned property herein-
after described; and
WHEREAS, the President and Board of Trustees of the Village of Mount
Prospect did review the proposal contained in Case No. 72-30A, and
did find the following:
(a) That the establishment,, maintenance, or operation
of the special use upon the properties herein in-
volved will not be detrimental to or endanger the
public health, safety,, morals, comfort, or general
welfare of the citizenry of the Village of Mount
Prospect, said properties having been 'improved with
a Planned Unit Development, under court, order;
(b) That the special use will not be injurious to the
use and enjoyment of other property in the immediate
vicinity for the purposes already permitted, nor sub-
stantially diminish and impair property values within
the neighborhood;
(c) That the establishment of the special use will not
impede the normal and orderly development and im-
provement of surrounding property for uses permitted
in the district;
(d) That adequate utilities, access roads, drainage
and/or other necessary facilities have been or are
being provided;
(e) That adequate measures have been or will be taken
to provide ingress and egress so designed as to
minimize traffic congestion in the public streets.
(f) That the special use shall in all other respects
conform to the applicable regulations of the dis-
trict in which it is located; and
WHEREAS, the President and Board of Trustees of the Village of Mount
Prospect have determined that the same are in the best interest 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 the following special use be and is hereby granted
to the petitioner, DiMucci Home Builders, Inc., for the property
which is the subject matter of Case No. 72-30A, which property is
legally described as follows:
That part of Lot 659 in Elk Ridge Villa -Unit No. 7A, being a sub-
division of part of the Northeast 1/4 of Section 15, Township 41
North, Range 11 East of the Third Principal Meridian, in Cook
County, Illinois, described as follows: Beginning at the North-
east corner of said lot; thence Northwesterly along a straight
line 330.0 feet, said line being the North line of Lot 659 and
the South right-of-way line of Golf Road, to a point of begin-
ning; thence Southwesterly along a straight line 300.0 feet, said
line being perpendicular to the North line of Lot 659; thence
Northwesterly along a straight line 180.0 feet, said line being
parallel to the North line of Lot 659; thence Northeasterly along
a straight line 300.0 feet, said line being perpendicular to the
North line of Lot 659; thence Southeasterly along the North line
of Lot 659 to the place of beginning,
to establish ,and operate a private club restaurant limited to tenants of
the Montshire Apartments and their guests, along with the retail sale of
food and beverage upon the above described property, pursuant to Section 5
of the, Zoning Ordinance of the Village of Mount Prospect.
SECTION TWO: That the aforesaid special use permit shall be valid and
e ..ect ve only upon the performance with respect to the subject property
of the following conditions and restrictions:
(a) That the subject property is and shall continue to
be classified within the R -A (Single Family Residence)
zoning district of the Village of Mount Prospect;
(b) That the special use permit herein granted shall not run
with the land and' shall be' and inure to the benefit of
DiMucci Home Builders, Inc., alone and to no one else; and
(c) That the special use permit herein granted shall be null
and void and of no force and effect whatsoever without
further action by the Board of Appeals and/or the Board
of Trustees of the Village of Mount Prospect unless the
said special use has not been established within one (l)
year from the effective date of this Ordinance.
SECTION THREE: That .the Director of Building g Village of
n the,
ermts
Zoning, o
an anece.ssar bui in,
Dunt Prospect is hereby directed to issuey � � permit
heroin
for the subject property in accordance with the special use p
ranted and the restrictions hereinabove set forth and that within thirty
(3o� Y
gdays of its effective date the Village Clerk of the Village of Mount
Prospect shall record a certified copy of this Ordinance with the Cook
County Recorder of Deeds.
SECTION FOUR: That this Ordinance shall be in full force and effect from and
a, ter ....its passage,approval,and publication in the manner provided by law.
AYES:
NAYS:
PASSED and APPROVED this day of ,1972.
'illage ClerK
2
V 11-1-1.age rest ent
ORDINANCE NO.
0
AN ORDINANCE PROVIDING FOR THE PURCHASE OF
108-110 EAST NORTHWEST HIGHWAY
MOUNT PROSPECT ILLINOIS
WHEREAS, the corporate authorities of the Village of Mount Prospect
have determined that it is in the best interests of the Village of Mount
Prospect to enter into a certain contract to purchase real estate for the
acquisition of the following described property in Mount Prospect, Cook
County, Illinois:
Lot 14 in Block 12 in Busse and Wille's Resubdi-
vision in Mo'unt Prospect in the West Half of Sec-
tion 12, Township 41 North, Range 11 East of thd
Third Principal Meridian, in Cook County, Illi-nois;
which property is commonly known as: 108-110 East No ' rthwest Highway,
Mount Prospect, Illinois, and with approximate lot dimensions of 481x150,
together with the following property presently located thereon:
Frame 2 -story building with basement, having an
apartment on the first floor and two apartments
on the second floor; also a brick and block
3 -car detached garage; and
WHEREAS, the owner of said real property has agreed to sign said
contract; and
WHEREAS, the said contract provides for the consideration for such
purchase to be paid through installments payable in five (5) equal annual
payments of $10,400.00 each, plus interest at the rate of 3-1/2% per annum,
payable on July 1, 1973 and each July lst thereafter through and includ-
ing July 1, 1977, with 1,000.00 to be paid immediately upon closing, for
a total purchase price of $53,000.00; and
WHEREAS, such acquisition is authorized under the provisions of
Section 11-61-3 of the Illinois Municipal Code of 1961, as amended;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That that contract to purchase real estate by and
between the lage of Mount Prospect,, a municipal corporation, and
Michele P. Lombardo and Ermelinda Lombardo, his wife, dated October
12, 19721 be and it is hereby approved. A conformed copy of said con-
tract is attached hereto and hereby made a part of this Ordinance as
Exhibit I.
SECTION TWO: That the Village President is hereby authorized to
execute said contract, including a certain Promissory Note dated Octo-
ber 31, 1972, as evidence of the obligation under said contract, and the
Village Clerk is hereby authorized to attest said Promissory Note.
SECTION THREE: That this Ordinance shall be in full force and effect
from and a tterits passage., approval, and publication in the manner pro-
vided by law.
AYES:
NAYS:
PASSED and APPROVED this, day of 1972.
ATTEST:
-Village Clerk
W
V11T—age President
CONTRACT TO PUPUASE
REAL ESTATE
I The VILLAGE OF HOU7iT PIOSPECT, an Illinois Municipal Cor-
poration, agrees to purchase at the price of FIFTY T14 EE TNOUSAND
$53,000,00) DOLLARS, on the terms set forth herein, the following
ascribed real estate in Mount Prospect,, Cook County, Illinois:
Lot 14 in Block 12 in Cusse and Wille's
Resubdivision in Mount Prospect In the
West Valf of Section 12, Township 41 North,
Range 11 East of the Third Principal iHeri-
dian, in Cook County, Illinois,
commonly known as 10.5-110 East Northwest Iiighway. and wi"Ch approxi-
iiate lot dimensions of 481xl50'. together with the following pro-
perty presently located thereon:
Frame 2 -story buil chi nj with basements having
an apartment on the first floor and two apart
ME-Ints on the second floor; also a brick and
block 3 -car detached garage*
2, MICULE P. LOMBARDO and ERMELINIDA LOIMBARCO, his rife,
agree to sell the real estate and the property described above, at
,the price and terris set forth herein, and to convey or cause to be
conveyed to Purcliaser or nominee title thereto by a recordable
stamped Warranty Deeds with release of dower and homestead rights,
if any, subject only to: a) covenants, conditions and restrictions
of record- b) private, public and utility casements and roads and
highways, if any- c) general taxes for the year 19.72. and subse-
quent years , d) special assessments for drainage district as
shown on Torrevis Certificate No. 635.50C., e) zoning and building
laws or ordinances, -6 and f) existing leases as follows to be as.
'signed to Purchaser)1p:
EXHIBIT I
Dawson 2nd Floor rear:, Month-to-month
2) Honfuth 2nd Floor front, Month-to-month
$135.00; and
3) Two garage stalls, Month-to-month
$15.00 each.
3. Purchaser has paid the sum of 014E THOUSAND $1 000, -nil)
6OLLARS as earnest mon6y, the receipt of which is hereby acknow-
1edged,, to be applied on the purchase price and hereby covenants
Viand agrees to satisfy the balance of the purchase price, plus or
minus prorations at the tfirie of closing as follows
a) FIFTY TWO 171"OUSAND (OtS20000.00) DOLLARS
payable in five (5) equal annual install-
ments of TEN THOUSAND FOUR 111UNDRE"D (�10,400.00)
DOLLARS each,. plus Interest at the rate of
three and one - half (3-1/2'%) per cent per
annum, payable on July 1, 1973, and on each
July Ist thereafter through and including
July 1, 1.0-770
b) The obligation for the FIFTY TV10 THOUSAINM
($52,000.00) DOLLARS shall 15e evidenced by
a Promissory Note of Purchaser, which Note
01
shall be payable to the order of BEARER,
11
and shall be in the form, of the !4ote at-
tached hereto and hereby made a part hereof
as Exhitit "A".
At any time and without penalty, Purchaser reserves the right to
Prepay any or all of the principal balance, along with Interest
due thereon to the time of such payrient,
4. It is understood and agreed by the partles that at the
closing the aforesaid Promissory 11ote shall be. purchased by THE
FIRST NATIONAL BANK QF PROSPECT for a price of FIFTY TWO
TIMUSAND ($52.,C00.00) DOLLARS, less an atrlounlL, if any, by which
Purchaser's net credit for prorations exceeds the earnest money
deposit. If said net credit is less than 01--i[ 1`11tOU-Soff"Iru (4.-IV000.00)
DOLLARS, such credit to Puree ztser sliall Le Paid to Purchaser from
t,,fie earnest money deposit. Said Promissory Note,, upon purchase
o
- - - ------------- - - -
tthereof , shall be immediately assigned to said THE FIRST NATIONAL
1 AHK OF MOUNT PROSPECT by delivery or, such other assignment, with -
01
I
1�ut recourses that said Bank may reasonably request.
5. Before closing, Seller, at their oven expenses agrees to
ifurnish Purchaser a current plat of survey of the above real
estate made, and so certified by the surveyor as having been made,
yin compliance with the Illinois Land Survey Standards.
6. The time of closing and the date of possession by Pur-
chaser shall be October 31, 1972, at the office of WOOSTER,
MUGALIAN AAD KLINGMERO 105 West Adams Streets Chicago, Illinois,or
-at THE FIRST NATIONAL BANK OF MOUNT PROSPECT, provided title has
been shown to be good or is accepted by Purchaser.
7. The earnest money shall be held by WOOSTER, MUGALIA1 A.D
KLINGAER for the mutual benefit of the parties hereto*
8. Seller hereby acknowledges that no broker has been re
tained bthem a
4
nd,that no broker's listing contract covering this
Oy
sale exists. Furthermore ,the parties hereto agree that no com-
mission shall be paid to any broker.
9. The following itenis are to be prorated to date of the
Ideed herein: a) General taxes for 1972 from January 1, 1972;
'b) all utility bills, including electricity, light and gas;
I
i, c) water taxes; d) rents; e) fuel at market price; and f) any
other usual items,
10, Seller agrees to furnish within twenty (20) days of the
I
�date hereof the following documents. Torrens Certificate of Title,
accompanied by a Torrens Title Tax Search. When the title papers
show that Seller's title is subjeet only to the said liens and
,encumbrances hereinabove mentioned, Purchaser shall within ten (10)
,,days secure a letter of commitment of THE FIRST NATIONAL BANK OF
". 3 -
AMOUNT PROSPECT substantially in the form of Exhibit "B", attached
hereto and -hereby made a part hereof.
11. Notwithstanding the time periods stipulated in Para-
graphs 10 and. 13 hereof, it is the intention of the parties to
,.close on October 31, 1972, as provided in Paragraph 6, inasmuch as
"'both parties expect that the acts required in said Paragraph's l G
and 13 can be performed before October 31, 1972.
12. At the closing Seller shall furnish such ALTA and ether
Al
,title affidavits as Purchaser may reasonably request. Seller may
lose the proceeds of the sale hereunder to pay and have released
incumbrances existing to the time of closing.
13. If the title papers show defects in title not included
;fin the liens and encumbrances referred to in Paragraph 2 above,
,Seller shall have an additional sixty (60) days within which to
,cure or remove such defects. If such defects in title are not
o
Cured or removed within the time herein prescribed, Purchaser may,
gat its option, rescind this Agreement and have the earnest money
refunded, whereupon this Agreement shall become null and void.
n.
14. If Purchaser defaults in this Agreement, the earnest
�Oney is, at the option of Seller, to be paid as liquidated dama-
.4 to Seller and this Agreement shall become g eco a null and void.
4 15. Notices may be served on either party by mail at their
addresses indicated below and no tender of deed or purchase money
shall be necessary, but a failure to appear upon notice to close
at the location indicated in this Agreement shall be a default.
16. Time is of the essenee of this Agreement.
17. A duplicate original of this Agreement, duly executed by
the Seller, shall be delivered to the Purchaser on or before
4
A
October 16, 1972, otherwise, at the Purchaser's option, this
Agreement shall become null and void and the Seller shall return
the earnest money deposit to the Purchaser.
u
Dated: October �, 1972.
a�
,VILLAGE OF MOUNT PROSPECT, an
Illinois Municipal Corporation
a.
Purchasers Address
112 East Northwest Highway
µ
Mount Prospect, Illinois 60056
y •
Robert D. Teichert, Mayer
w
ll
m
Address:
the I a Lombardo e ler
f
1248 Andrea Lane
rme i nda Lombard' o e er Des Plaines, Illinois
d
0
p
5
�
w
d
PrOMISSORY NOTE
62,000,00 October 311 197"
FOR VALUE RECEIVEDO the Village of tiount Prospects a Plulii-
icipal corporation of the S.,Itate of Illinois, promises to pay to
the order of 11131LEARZER the principal scum of FIFTY T1,441 THOUSAND
($52,000,00) DOLLARS, together with interest from the date hereof
Won the unpaid balance of principal remaining due from, time to time
at the rate of three and one-ha-lf (3-1/2"') per cent per annum,
�Isuch principal and interest to be PAid, in installments as fol loars
*
Five (5) equal annual installments of TC 1
1 0 DOLLARS
THOUSAi'-W FOUR HUNDRED (.Sl00400'00) I
each, plus interest commencing on July 1,
1973, and each July 1st thereafter through
and including MY 19, 1977.
mn
In case of default of any payintents the holder of the Note
shall given written notice of default to the undersigned, and if
such default is not corrected within ten (1 n.) days of the receipt
of such notifications the entire balance due shall become inmedi-
ately payable.
This �4ote may be prepaid, in Whole or in part, without
penalty at any tine., The payricnts requirod under t'is Note shall
,be made at the Offices of THE FIRST *?ATIf,-)#AL IWIK OF Mf9UNT PROS-
�;,PECT, Mount Prospect* Illinois.
The undcrsigned does hereby agree. to make suca annual ap-
-cessary for thn. payment of all amounts d
propriations as are nr
'hereunder, and, if necessary* to rja!:,0 sucl, tax levies as are
necessary for the pAynent of all arounts due here -under.
VILLAGfE-1 OF MOUNIT PROSPECT
By
W
Robert c ert
ATTEST: Mayor
—rago
EXHIBIT "All
MJ
October 90 1972
4,Mr. and Mrs, Michele Lombardo
% Wooster, Mugalian and Klingner
1105 West Adams Street
Chicago, Illinois (0603
tAttention: Mr. Richard A. 11ugalian
Re* IOE-110 East Northwest Highway
Mount Prospect, Illinois
e n t em e n
I'We hereby give our commitment to purchase for $52 O�Wno.00 the Pro-
jinissory 'Note of the Village of 1.-Iourit Prospect in the principal
,amount of $52,000.00 bearing interest at the rate of 3;e% per annum
and payable In five equal annual installments of $10,400,00 plus
Anterest, commencing on July 1. 1973 and each July Ist thereafter
;:through and including July 1, 1977. The Note should contain such
i'tither terms as are set forth in, and shall be the same both as to
-
,form and substance as, the Promissory 1;,otc attached hereto as
"Exhibit "A".
1Dur copmithen t to purchase the 'ote is conditioned one:
1. Delivery to us of a Certificate, duly executed by the
proper officials of the Village, certifying that the
existing indebtedness of the Village of "Icunt Prospect
including the indebtedness represented by the Note does
not in the aggregate exceed ttie limits. as set forth in
the Illinois Constitution and Statutory Laws; and
2. Delivery of a lenal opinion from John J. Zimmermann,
Attorney for the Village of !Iount Prospect setting
forth:
(a) that the Village of ',11ount Prospect has taken
all necessary legal action required by a muni-
c1pal corporation of Illinois authorizing the
execution and delivery of the Note and the pay -
(b) that the liote has been duly and validly authorized
and approved by the proper officers and officials
of the Village of fount Prospect.
(c) that the ',lote has been July executed on behalf of
the Village of Mount Prospect and that upon delivery
thereof the iNote shall bii the valid and binding ob-
ligation of the Villa -le of 04.ount Prospect and pay
able in accordance witon its ternis, and
(d) that the 'tote is a direct oblipati ori of said Village
and under the current provisions of the United States
Internal r.l.r--ivenup Code is exempt from United States
income taxes.
Very truly yours,
RK OF t'10U-i%1T PROSPECT
F1R`3)T "IATIONAL BA1. %
uY:
Raymond S. 5*6niton,, res, Tdent
EXHIBIT 40361
. . . . .................
VikLAGE OF MOUNT PROSPECT Friday, October 13, 1972
1 L L I N 0 1 S Sa�iecl: Petitioner's request to
INTEROFFICE MEMORANDUM defer discussion on Case
72-19P
5,,s Mayor, Village Board, Manager, Village Attorney
5ro"I: Deputy Clerk
At 3:30 P. M. today received a telephone call from petitioner's
attorney, with letter of confirmation to follow, to please
cancel discussion on Case 72-19P until further notice.
To: Board of Trustees
From: Plan Commission
Date: 10-4-72
Case # 72-1_9P Richard Fans low*
Pre -annex and rezone
524 E. Al gonqui n Rd Ari i ngton Hts
Date of Publication: August 30, 1972
Date of Public Hearing: September 15, 1972
1
This is a pre -annexation and rezoning request for property located
at 524 E. Algonquin Rd.., Arlington Hts.
After due consideration, the Plan Commission recommends to the
Board of Trustees that approval be denied since the following
standards of Planned Unit Development, page 9 of Zoning Ordinance
and Maps are not in conformance.
1 41 Conforms with intent - planned industrial - upgrades plan
2. Common ownership understand, it will comply
3. Uses permitted complies a.11 PUD
4. Varius uses and standards - complAes all R4 uses
5. Demonstrated need - no demonstrated need shown by petitioner
6. Height requirements . etc., - conforms
7. Set back requirements
a. Plans'presented didnotmeet 'side yard set back requirements
b. Height of building as determined by Plan Commission is
measured from floor of lower most living unit to ceiling of
upper most living unit.
8. According to re ' quirements of Public Street factor, Section
16-R-4, RB, page 11-12, 2000 square feet must be allowed per
2 bedroom dwelling unit. Plans presented are asking for 96
units - approximately 70 two bed -room units are allowed.
Density - does not conform - Developer is asking for ap-
proximately 29 - PUD maximum allowances is approximately 23
which includes 10% bonus-.
9. According to testimony at Public Hearing, petitioner stated
that plans for 9 foot parkin.g stall could be -upgraded to Meet
ordinance.
10.a.P1an' did not provide for acceptable ingress, egress and
movement in development for proper accessibility by fire,
department vehicles
b. No presentation made relative to proper landscaping, ,etc.
Roll call vote resulted as follows: Ayes : 6
Nays : 0
Absent: 3
Motion to recommend denial of petition approved6
J.C. BUSENHART, Secretary