HomeMy WebLinkAboutOrd 4481 10/20/1992 ORDINANCE NO. 4481
AN ORDINANCE GRANTING MODIFICATIONS FROM
THE DEVELOPMENT CODE (CHAPTER 16) FOR PROPERTY
COMMONLY KNOWN AS 805 AND 807 EDGEWOOD LANE
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
the 20th day of october, , , 1992
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
,2~S~ day of October , 1992.
CAF/
10/14/92
ORDINANCE NO. 4481
AN ORDINANCE GRANTING MODIFICATIONS FROM
THE DEVELOPMENT CODE (CHAPTER 16) FOR PROPERTY
COMMONLY KNOWN AS 805 AND 807 EDGEWOOD LANE
WHEREAS, Gettysburg Development Corporation (hereinafter referred
to as Petitioner) has requested modifications from the Development
Code (Chapter 16) of the Village of Mount for property commonly
known as 805 and 807 Edgewood Lane (hereinafter referred to as
Subject Property) and legally described as follows:
Lots 1 and 2 in Preskis Resubdivision, being a resubdivision
in the Northwest Quarter of Section 14, Township 41 North,
Range 11, East of the Third Principal Meridian, Cook County,
Illinois
and
WHEREAS, the Petitioner is requesting the following modifications
from the Development Code, in conjunction with the creation of a 2
single family lot subdivision:
1. To allow a lot depth of 119.32 feet, rather than the required
120'; and
2. To waive the requirement for installation of the following
public improvements: public sidewalks; curb and gutter;
required street width and paving; and, street lights.
WHEREAS, the Plan commission of the Village of Mount Prospect did
consider the proposed modifications from the Development Code
(Chapter 16) for the Subject Property at their regular meeting on
August 19, 1992 and September 16, 1992; and
WHEREAS, the Plan Commission has forwarded its recommendations
relative to the modifications requested herein to the President and
Board of Trustees 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 recitals set forth hereinabove are
incorporate herein as findings of fact by the President and Board
of Trustees of the Village of Mount Prospect.
SECTION TWO: That the President and Board of Trustees of the
Village of Mount Prospect do hereby grant to the Subject Property
the following modifications from the Development Code (Chapter 16):
1. To allow a lot depth of 119.32 feet, rather than the required
120'; and
2. To defer the installation of the following public
improvements: public sidewalks; curb and gutter; required
street width and paving; and, street lights, subject to the
Petitioner executing a Restrictive Covenant guaranteeing the
installation of such improvements at such as the Village
determines appropriate.
SECTION THREE: This Ordinance shall be in full force and effect
odifications
805 & 807 Edgewood Lane
Page 2 of 2
from and after its passage, approval and publication in pamphlet
form in the manner provided by law.
AYES: Clowes, Corcoran, Floros, Hoefert, Wilks
NAYS: None
ABSENT: Busse
PASSED and APPROVED this 20th day of October, 1992.
Village President
ATTEST:
Carol A. Fields
Village Clerk
RESTRICTIVE COVENANT BY AND BETWEEN THE
VILLAGE OF MOUNT PROSPECT, ILLINOIS AND
THE OWNER-DEVELOPER OF CERTAIN PROPERTY WITHIN SAID
VILLAGE REGARDING COMPLETION OF REQUIRED PUBLIC
IMPROVEMENTS PERTAINING TO THE DEVELOPMENT OF SAID PROPERTY
805 and 807 Edgewood Lane
WHEREAS, pursuant to the provisions of Chapter 16 entitled "Development" of the
Village Code of Mount Prospect, Illinois certain public improvements are required to be
constructed and installed by owners and developers of property within the Village, as part
of the approval for the development of such property; and
WHEREAS, the schedule for accomplishing the construction and installation of such
public improvements by the owner-developer of the property under development is often
in conflict with other public improvement projects adjacent to or within the vicinity of said
property so as to render the accomplishment of such public improvements by the owner-
developer to be practically or economically unfeasible until the same can be combined with
or scheduled so as to conform with such other public improvements affecting the subject
property under development; and
WHEREAS, such other public improvement projects are administered by the Village,
County or State, officials over which the owner-developer has no control, and in some
instances those improvements to be accomplished by the owner-developer with respect to
the property under development cannot be completed until the other improvements under
Village, County or State control have been accomplished; and
WHEREAS, under such circumstances, it is deemed to be inequitable to delay
development of the property under development or to require the owner-developer to
establish a cash escrow, letter of credit or improvement bond for the purpose .of guaran-
teeing the completion of required public improvements due to the delay caused by the
intervening or subsequent accomplishment of other public improvement projects under
administration and control of the Village, County or State; and
WHEREAS, Chapter 16 of the Village Code of Mount Prospect, Illinois provides that
in lieu of a cash escrow, letter of credit or development bond, the owner-developer may
execute a restrictive covenant to be recorded and to run with the land as a guarantee that
the required public improvements shall be completed with respect to the property under
development.
5. This Covenant shall be binding upon and shall inure to the benefit of the
parties hereto and their successors and assigns in title and interest and the provisions hereof
shall be enforceable in a proceeding at law or in equity against the person or persons
seeking to violate the same including an action for injunctive relief, specific performance
or to recover damages or other fines and penalties as may be established in such violation.
In the event that the owner-developer of the subject property fails to complete the required
improvements or pay a proportionate share of the required improvements by other
contractors within the specified time periods herein, the value of such improvements shall
be entered as a lien against the property due and payable within sixty (60) days after
notification to proceed with the improvements.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
2~"~ day of O¢?~j ¢~ , 19 ?2. ,
OWNER-DEVELOPER
OWNER-DEVELOPER
'VI! .LAGE CI.F. RK
Real Estate Index No. 08-14-105-502
- 3 -