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Home My WebLink About5. NEW BUSINESS 11/05/2008 MEMORANDUM Village of Mount Prospect Community Development Department TO: MICHAEL E. JANONIS, VILLAGE MANAGER ~~. ~~ II S-,GS FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 27,2008 SUBJECT: PZ-07-08 - PLAT OF VACATION & PLAT OF CONSOLIDA: JUDITH ANN DRIVE (1, 2,13,14,25,26,37,38 JUDITH VILLAGE OF MOUNT PROSPECT - PETITIONER The petitioner, the Village of Mount Prospect, is seeking approval of a Plat of Vacation a a Plat of Consolidation, for the street right-of-way along 1,2, 13, 14,25,26, 37, and 38 Judith Ann Drive for the Judith Ann Drive Townhome Association. The Planning and Zoning Commission conducted a public hearing to review the request on Thursday, October 23, 2008, and by a vote of 6-0, recommended approval of a Plat of Vacation and a Plat of Consolidation for the right-of-way along 1,2, 13, 14,25,26, 37, and 38 Judith Ann Drive. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their November 5, 2008 meeting. Staff will be present to answer any questions related to this matter. H:\PLAN\Planning & Zoning COMMlP&Z 2008\MEJ MemoIPZ-07-08 Judith Ann Dr.(Plat ofVacation&Consolidation).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-07-08 Hearing Date: October 23, 2008 PROPERTY ADDRESSES: 1,2, 13, 14,25,26,37,38 Judith Ann Drive PETITIONERS: Village of Mount Prospect and Judith Ann Townhome Association PUBLICATION DATE: Not required; signs posted on-site September 10,2008 PIN NUMBERS: 03-34-200-137/143/149/155/156/162/168/175 REQUESTS: 1) Plat of Vacation 2) Plat of Consolidation MEMBERS PRESENT: Richard Rogers, Chair Joseph Donnelly Leo F10ros Marlys Haaland Ronald Roberts Keith Youngquist STAFF MEMBERS PRESENT: Brian Simmons, AICP, Deputy Director of Community Development Consuelo Andrade, Development Review Planner Chairman Richard Rogers called the meeting to order at 7:32 p.m. Keith Youngquist made a motion to approve the minutes of the September 25, 2008 meeting and Joseph Donnelly seconded the motion. The minutes were approved 5-0 with Marlys Haaland abstaining. After hearing one previous case, Chairman Rogers introduced Case PZ-07-08, a request for a Plat of Vacation and Plat of Consolidation at 1,2, 13, 14,25,26,37,38 Judith Ann Drive, at 7:59 p.rn. Brian Simmons, Deputy Director of Community Development, stated two plats were up for review. The first was a Plat of Vacation for the right-of-way of Judith Ann Drive. The second was a Plat of Consolidation after vacating the right-of-way. Mr. Simmons provided a timeline of Judith Ann Drive improvements. The Village reconstructed Judith Ann Drive with Federal Grants in 2001 and 2002. After the road was reconstructed, the Village worked with the adjacent homeowners in the area to establish a homeowners association. This was done so the Village could eventually turn this road over to the association for ownership and maintenance. Mr. Simmons stated over the past four years, negotiations have gone back and forth with Village attorneys and Association attorneys. The Plat of Vacation was never executed at that time determining how the land would be transferred. In that time period, the Village enforced overnight parking regulations. Communication resumed and that has brought both Plats to the Planning and Zoning Commission. Mr. Simmons showed the Plat of Vacation. He said when a right-of-way is vacated; it goes to the neighboring properties. In this case, it would go to the eight properties that surround the right-of-way. Through an agreement with the property owners, they would turn over their portion of the right-of-way to the Homeowners Association through negotiations with the Village. Richard Rogers, Chair Planning & Zoning Commission Meeting October 23,2008 PZ-22-08 Page 2 Mr. Simmons stated once the right-of-way is vacated, the Plat of Consolidation would consolidate the eight parcels into one single lot of record that would be owned by the Homeowners Association. The association would be held responsible for the maintenance of the right-of-way. Mr. Simmons said Staff has reviewed the plats and recommended approval of the motion listed in the Staff Report. Chairman Rogers restated that the Village would be vacating a portion of this street in front of the eight townhomes and turning the property over to the association for maintenance. He said the purpose of this was to accommodate parking for the dwelling units. Mr. Simmons confirmed that this was correct. Joseph Donnelly made a motion to approve case number PZ-07-08, a Plat of Vacation of a Public Road and a Plat of Consolidation of Vacated Judith Ann Drive, benefiting the properties located at 1 Judith Ann Drive, 2 Judith Ann Drive, 13 Judith Ann Drive, 14 Judith Ann Drive, 25 Judith Ann Drive, 26 Judith Ann Drive, 37 Judith Ann Drive, and 38 Judith Ann Drive. Keith Youngquist seconded the motion. UPON ROLL CALL: AYES: Donnelly, Floros, Haaland, Roberts, Youngquist, Rogers NAYS: None Motion was approved 6-0. Ronald Roberts made a motion to adjourn at 8:04 p.m., seconded by Joseph Donnelly. The motion was approved by a voice vote and the meeting was adjourned. ~fH Ryan Kast, Community Development Administrative Assistant ~ \"-.,<111.,,,,,__ ,~....t.........w~"....'''' ..,........~II.___._~,..~~__f~..~ ~.-..-..."'...........-__............w~~ "'"O.._.......\'_l,p;;Ir<-.........~_""""I"'~. l_~~_....ftw PLAT OF VACATION OF A PUBLIC ROAD :'~;{f~~~:~ll; ~.'\ utilir:1fiUJl:fl/Ui 'l.....'_HtUWJ...."'O 1Iftwt1)'t1lll"""".".t...........~~....~.,;I.at..-J "",.J'imtr.rd~..", lM. l! "'I J. lt1t1t'm A1""'itit'.a4JfflQfs OAlmllN" <<*ImlitV&l~.~ fIlMi '" ...~ ~"f ~ Nt;rttlMJ,f Qs-*"", <.d8tdi"",:.I'4. ~_'" <<~ .... 11 .. at" \"h.tNf"fUKipMt M_w.. l:o..l.. 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Pl"A T OF CONSOLJDA TION Qt' VACATED JUDITH ANN DRIVE ...,,' ~,.... ~p,~i'~~ ...;.,$ ..>" ",..,.-' ....~ t"';'( ~ '" ~ 1!: !t: JUIllTH ANN OIUYE z << ,.. ,,,,,,,,,,,,., '" ,,,,.,,,.;:n,,,,,..'''~ .",,~. ,"'h"" .,~ "\"...",,",.,,.,. ~~~~ p.,f.':f' "... .:t60" J.fI~~;'1l ..~."t1:', ~~~ ~ ~ . .-:,,0,:", ._, .,'""",,,,--.. ,~......", -.....-..'-'-'-" ',.II~'., h_~ _....~_;>l.... ftU<M.....,.".\l. .~.\l"'fl'1...."',....{!fl,,"'...~_\.~Dt'f\- "'~~' ~.,.. ~'....'n""Hlll:'_'UI>.'''''' 'Ut "",,,,..'l" ~~~~~1~~~~':~~!~,:~.~J.~~' ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF JUDITH ANN DRIVE BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: WHEREAS, Section 11-91-2 of the Illinois Municipal Code, 65 ILCS 5/11-91-2 authorizes the corporate authorities of a municipality to vacate a street or alley within its jurisdiction if the public interest will be subserved, and to adopt an ordinance to provide that said vacation shall vest in the then owners of the land abutting thereon, in the same proportions and to the same extent, as though the street or alley has been dedicated by a common law plat (as distinguished from a statutory plat) and as though the fee of the street or alley had been acquired by the owners as a part of the land abutting on the street or alley; and WHEREAS, in 2002 the Village made significant infrastructure improvements (hereinafter the "Improvements") to a portion of the street, known as Judith Ann Drive (hereinafter the "Vacated Judith Ann Drive"), which property is legally described and shown on the plat attached hereto and made a part hereof as Exhibit A and designated "hereby vacated"; and WHEREAS, the Village, recognizing that the street did not meet the standard width requirement of the Village's Development Ordinance, made the Improvements with the intent of vacating Vacated Judith Ann Drive to the Judith Ann Homeowners Association, an Illinois not- for-profit corporation (hereinafter the "Association"), which represents the adjacent townhome dwelling units and manages the common property; and WHEREAS, upon vacating Judith Ann Drive, the following owners of the properties that abut Judith Ann Drive, which properties are legally described on Exhibit 1 of the Assignment of Interest and Acceptance of Ownership described below, are entitled to ownership of one half (1/2) of the street as it abuts their property, pursuant to 65 ILCS 5/11-91-2: THE PROPERTY AND RECORD TITLE OWNERS ADDRESS PIN Geogy Philip and Elizabeth Philip 1 Judith Ann Drive 03-34-200-175-0000 Andrew J. Happapuro, Trustee of the Andrew J. 2 Judith Ann Drive 03-34-200-137-0000 Haapapuro Declaration of Trust, dated 10/1/2004 And Anita K. Happapuro, Trustee of the Anita K. Haapapuro Declaration of Trust, dated 10/1/2004 Maria Gomez 13 Judith Ann Drive 03-34-200-156-0000 iManage:183959_1 A 1 Isidra Solano 14 Judith Ann Drive 03-34-200-143-0000 Bhavna D. Patel & Dinesh D. Patel 25 Judith Ann Drive 03-34-200-162-0000 Hugo F. Ramirez and Irma N. Ramirez 26 Judith Ann Drive 03-34-200-149-0000 Samir M. Patel 37 Judith Ann Drive 03-34-200-168-0000 John P. Mudloff 38 Judith Ann Drive 03-34-200-155-0000 (the "Property Owners"): and WHEREAS, the Property Owners and the Association have executed an Assignment of Interest and Acceptance of Ownership to Vacated Land (Vacated Judith Ann Drive) (hereinafter the "Assignment of Interest and Acceptance of Ownership"), attached hereto and incorporated herein as Exhibit B, by which the Property Owners have consented to assign to the Association any and all interests that they may have in the Vacated Judith Ann Drive, and the Association has agreed to accept the vacation of Vacated Judith Ann Drive, to maintain and manage Vacated Judith Ann Drive, including controlling the parking spaces constructed thereon by assigning the parking spaces to specific Judith Ann Residents, and to petition the Village to consolidate Vacated Judith Ann Drive as one (1) lot of record with one (1) Property Identification Number (hereinafter the "Plat of Consolidation"); and WHEREAS, a Public Hearing was held on the request for a Plat of Vacation being the subject of PZ-07-08 before the Planning and Zoning Commission of the Village of Mount Prospect on the 23rd day of October, 2008; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the public interest will be sub served by vacating Vacated Judith Ann Drive; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the Vacated Judith Ann Drive shall be conveyed to the Association. NOW, THEREFORE, BE IT ORDAINCED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION 1: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION 2: Upon the recording of this Ordinance, the Plat of Vacation, the Assignment of Interest and Acceptance of Ownership, and the Plat of Consolidation with the Office of the Cook County Recorder of Deeds, Vacated Judith Ann Drive, as legally described on Exhibit A, shall be vacated subject to the conditions set forth in Sections 3 and 4 below, and title to Vacated Judith Ann Drive shall be conveyed to the Association. iManage: 183959_1 2 SECTION 3: A public utility easement is hereby expressly reserved and retained in, across and under the entire Vacated Judith Ann Drive, as set forth and depicted on Exhibit A. SECTION 4: The Village makes no representations of any kind regarding the status of title to Vacated Judith Ann Drive, but rather solely vacates its rights, interests and entitlements to the property as a public street, other than those expressly reserved hereinabove. SECTION 5: The Village Clerk is hereby directed to record a certified copy of this Ordinance, along with the original plat of vacation and the Assignment of Interest and Acceptance of Ownership, with the Recorder of Deeds of Cook County. SECTION 6: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: Passed and approved this day of November, 2008. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:ICLKOIWIN\ORDINANCEIORDINANCE\Judith Ann Drive vacation ORDINANCE2008.DOC iManage: 183959_1 3 n..\'....,.,twoM'.'\'_J-..._nn...."'""r._ .J..........--...-~..I..._.c.,.r.. ~...-.._.................IW.~ ffOOO.............,.....,lMIIlV-.l WllII.""" Dftw)*"'''' _....-........~..klr....... PLAT OF VACATION OF A PUBLIC ROAD 1'Nlput.ttllo.JMh.h.tu Dmtot)'l.. ....r1l..liM....... UwMmltWWIllllllJl.-" lAI." ..~_ol lM6 t ... a ,IUnau. :4JiH ~Q.&lIbU JllalJBUlnllOlf., .. wf tM ~... q.,c..., .. Ni.ri.lI..... q..,w., tliWlftk; 'lWUbit ._~ ..... u r... ut....'11ii'Ur'u..,.. >>.wJu. UMrt l\lal,. IIIi:olric ...-1IlI.... pbt........,....-...., 111I. .............I':W1l... I I ! i ! s.._.i 7#~ ~I"'" . I!' lS-J4-u..l....... &t:i . ~~;Wor~~} aU. ,U'MlO'"ti'Ol.t 'r-td:'lIJ...u;X~",",'r:;E-It brrNl '1U..\M; otltdr}l'Kf PIlUIi'UT.Coot: cor:o.-r", JUJJr;(Jl$ fMUl_ DAlTor ______.Hll_... 'I1'6t#1'''' \lO'~ .p:.' ~,<;}>cj/.' ~s\I" c#' "JlI""'(:i-O~l:I~---- ~ m Iii :z; "< ::li: .."'''"100-1:)'.... ~f'........,. .' I..,' nl;$lllllW.o41J ~ ~ JUDITH ANN " .---l""GIlSEMCNT ~ /" HEREB'! VACATED "IlEA.. OMiZ Al"AU r-::------"-----,ltr.'r-----.----- .>>W_... :JO ~ ..H . #:.....'\Q '..t-'I1'6"-"- ! : "'P.....if. : i~'~;"~l".OOlooI : ~~"~--t , I 1 I .' J ll}J+l~'~ .. ~11>>.,!9::~ .. ~ .sc"','F..J()' _~Jl~C; .......1t>>M:tOaDI;a'li .oa;w 0111__'-":' UNnm...-u.llmuro. J.DaMli u-..-.......... ~~1I... --. I......M. "",*,""tl"'wrtUy.qll"ll,,*pl'Wl"I'toQ qu......,~aIIlI...rflb-.....ron~'~M. 1__llIIMI....thd...-... 1*-"-.... p'e.Ilhllm... ....,....o-..r. .."'......."'0<>8 @ ~wIf:-- "JYl It. . ..:... P~I.-I"""_.,-...m.n."U ..:. lAti.'.:.<'OO&1..Ut >>.... Y<f Oft . ..... ~--=~~J. . ~~~ ~W3U."n '~i"""""" tr;1i~htp""'N" t1+GilUOJ !illIl"'T.'()II'!I;-UC:f"itil1\1Ut't~~~ III;WU'(ll1 I MII'fWYnl &\' TIO' rllJ:AUt."IlT ,",1.> to.uw 1)l'rlltn,;tJ'I l'I' -nit: : \'Q.L\Cil 011 ,,*lCl"T l"ItfWt.c-r, c.ut~n' \I, I,:'OC,... llj"n: Ill' 1LU.'"Ul); II\' kbOf.lTUIStuIWI"'!'Ii\7l; "I~~ _.... ...usw0ll____. ;~/._.::.::;. .::~..~Z"t:~f:::=..~=t;~....~~~;..~~ ~-=.~~'" ;!~.~~.Jl'l:.ol" :'::r;tZ~;:r.....:.-::rf;,..":,,,t), .fa c. U....'I>>TWl_lL'YU~._ ..._____~...J>>e_. .---~'rnJ::;;CJiMiiiiM~T- ". ViklMa. f'U1U. -_.~- J.JJ ",.._",SU' JI",'...'!J<...,.." ........._...I-!'."P......",.,......".lrl,;.,..' SEND FUTURE TAX BILLS TO: Judith Ann Homeowners Association, Inc. 34 E. Judith Ann Drive Mt. Prospect, IL 60056 Attention: Dan DeGregorio (President) THIS DOCUMENT WAS PREPARED BY: Klein Thorpe and Jenkins, Ltd. 20 North Wacker Drive Suite 1660 Chicago, Illinois 60606 George A. Wagner, Esq. (#2881-44 dm) AFTER RECORDING MAIL TO: Recorder's Box 324 [The above space reserved for the County Recorder's Office] ASSIGNMENT OF INTEREST AND ACCEPTANCE OF OWNERSHIP TO VACATED LAND (VACATED JUDITH ANN DRIVE) (the "Agreement") is dated as of the day of , 2006. WITNESSETH: WHEREAS, residents of Judith Ann Drive (the "Judith Ann Residents") have formed or caused to be formed, the Judith Ann Homeowners Association, an Illinois not-for-profit corporation (the "Association") to represent their forty-eight (48) townhome dwelling units and manage the common property ( the "Judith Ann Drive Townhomes"); and WHEREAS, the Village of Mount Prospect, an Illinois municipal corporation (the 'Village") and the Judith Ann Residents have been working together for several years to improve the property maintenance and overall living conditions at the Judith Ann Drive Townhomes (the Judith Ann Drive Residents, the Association and the Village are sometimes collectively referred to as the "Parties"); and WHEREAS, Judith Ann Drive is a public street located in the Village, and a portion of Judith Ann Drive abuts the Judith Ann Drive Townhomes and extends east from the westernmost property line of the Judith Ann Drive Townhomes, as shown by the designation "Hereby Vacated" on the Plat of Vacation contemporaneously recorded with this Agreement (said portion hereinafter referred to as "Vacated Judith Ann Drive"), and WHEREAS, in 2002, the Village made significant infrastructure improvements to Vacated Judith Ann Drive consisting of (i) the installation of a new water main, (ii) the widening and resurfacing, and (iii) the installation of sixty- six (66) parking spaces (the foregoing, collectively the "Improvements") and WHEREAS, the Village, recognizing that Judith Ann Drive does not meet the standard right of way width requirement of the Village's Development Ordinance, made the Improvements with the intent of vacating Vacated Judith Ann Drive and facilitating the conveyance of Vacated Judith Ann Drive from certain of the Judith Ann Drive iManage: 185623_2 Residents to the Association; and WHEREAS, upon vacation of Vacated Judith Ann Drive, certain Judith Ann Drive Residents, whose real property abuts Vacated Judith Ann Drive, are entitled to fee ownership to one-half (1/2) of that portion of Vacated Judith Ann Drive which abuts their respective property pursuant to 651LCS 5/11-91-2. The properties that abut Vacated Ann Drive are legally described in Exhibit 1 attached hereto and incorporated herein (the "Benefitted Properties") and the respective fee owners of the Benefitted Properties are listed below (collectively the .Property Owners. and singularly a "Property Owner"): THE PROPERTY OWNERS AND THE RECORD PROPERTY TITLE OWNERS ADDRESS PIN Geogy Philip and Elizabeth Philip 1 Judith Ann Drive 03-34-200-175-0000 Andrew J. Happapuro, Trustee of the Andrew J. 2 Judith Ann Drive Haapapuro Declaration ofTrust, dated 10/1/2004 And Anita K. Happapuro, Trustee of the Anita K. Haapapuro Declaration ofTrust, dated 10/1/2004 03-34-200-137-0000 Maria Gomez 13 Judith Ann Drive 03-34-200-156-0000 Isidra Solano 14 Judith Ann Drive 03-34-200-143-0000 Bhavna D. Patel & Dinesh D. Patel 25 Judith Ann Drive 03-34-200-162-0000 Hugo F. Ramirez and Irma N. Ramirez 26 Judith Ann Drive 03-34-200-149-0000 Samir M. Patel 37 Judith Ann Drive 03-34-200-168-0000 John P. Mudloff 38 Judith Ann Drive 03-34-200-155-0000 ; and WHEREAS, the Village is willing to vacate the Vacated Judith Ann Drive, subject to perpetual public utility, water and sewer easements over the entire Vacated Judith Ann Drive, as depicted on the Plat of Vacation contemporaneously recorded with this Agreement, upon the Property Owners' agreement to assign to the Association all of their respective interest in and to Vacated Judith Ann Drive upon vacation of Vacated Judith Ann Drive, and the agreement of the Association to accept ownership of Vacated Judith Ann Drive, to maintain and manage Vacated Judith Ann Drive, and to petition the Village to consolidate Vacated Judith Ann Drive as one (1) lot of record with one (1) Property Identification Number; and WHEREAS, the Property Owners agree that it is in their best interest to enter into this Agreement, to consent to the assignment of their rights in and to their respective portions of Vacated Judith Ann Drive to the Association, and to allow the Association to maintain and manage Vacated Judith Ann Drive, as common property of the Association; and iManage :185623_2 2 WHEREAS, the Association agrees that it is in the best interest of its members to enter into this Agreement and to accept ownership of Vacated Judith Ann Drive from the Property Owners as provided herein. NOW THEREFORE, in consideration of the foregoing, the Association and the Property Owners do hereby agree as follows: 1. Upon vacation of Vacated Judith Ann Drive, the Property Owners hereby assign their respective right, title and interest in Vacated Judith Ann Drive, to the Association. 2. The Property Owners, individually and collectively, on behalf of themselves, their heirs, dependents, personal representatives, executors, administrators, successors and assigns, hereby further waive any and all claims that they may have to their respective interest in Vacated Judith Ann Drive and, to the fullest extent permitted by law, waive, release, indemnify, defend and hold the Village and its officials, officers, agents, employees and volunteers harmless from and against any and all claims, sutts, judgments, costs, reasonable attorney's fees, damages or other liability or relief whatsoever, arising out of, connected with, or in any way associated with the Village vacating Vacated Judith Ann Drive and the conveyance of Vacated Judith Ann Drive to the Association by the Property Owners. (The Village, Property Owners and the Association are sometimes collectively referred to herein as the .Vacation Parties"). 3. Upon vacation of Vacated Judith Ann Drive, the Association accepts the right, title and interest in Vacated Judith Ann Drive from the Property Owners, and agrees to maintain and manage Vacated Judith Ann Drive, and to petition the Village to consolidate Vacated Judith Ann Drive as one (1) lot of record. 4. This Agreement shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of Illinois. 5. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 6. This Agreement may be modified, amended or annulled only by the written agreement of the Village and the Association that is executed and delivered by authorized representatives of those Parties. 7. This Agreement embodies the entire understanding and agreement of the Vacation Parties and there are no further or other agreements or understandings, written or oral, in effect between the them relating to the subject matter hereof. The terms" Village", "Property Owners," and "Association" as used herein shall be deemed to include any and all successors, grantees and assigns of such Parties and their respective successors, grantees and assigns. IN WITNESS WHEREOF, the Vacation Parties have hereto set their hands and seals this day of ,20_. PROPERTY OWNERS: iManage:185623_2 3 further or other agreements or understandings, written or oral, in effect between the them relating to the subject matter hereof. The terms" Village", "Property Owners," and "Association" as used herein shall be deemed to include any and all successors, grantees and assigns of such Parties and their respective successors, grantees and assigns. IN WITNESS WHEREOF, the Vacation Parties have hereto set their hands and seals this day of ,20_. PROPERTY OWNERS: PROPERTY ADDRESS: 1 Judith Ann Drive. Mount Prosoect. IL By: r?IP-&Lc^/ ,jX/>A../Cv{J Name: Geogy Philip By: 1J;.~d10.J21J..p Name: Eliz eth Philip STATE OF ILLINOIS, COUNTY OF ~ . SS: The undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that Geoav Philip and Elizabeth Philip are personally known to me to be the same persons whose names are subscribed to the foregoing instrument, and that they appeared before me this day in person and severally acknowledged that they signed and delivered the said instrument. GIVEN under my hand and official seal, this R day of fillY 2001. _~ E... ~J.uA... Notary Public ........ OFFICIAL SEAL .".. SUSAN E MA . NOTARY PUSL. NSHUM j MY cOMMlSS~ON- sr.E.~ OF ILLINOIS · - .....'"ES:02l1o.ve ~, iManage:185623_1 4 PROPERTY AGORESS: ,,2 Judith Ann Drive. Mount Prospect. IL ,,/' / ;.,/' / // .i' ./" ..;~:" /'?~.F'~-'j~-O'i'l~~--'--' By: (-=:::~:'.// /"lxy 'i t:~' I, Name: AndrewJ. Happapurcr, Trustee of the Andrew J. Haapapuro Declaration of Trust, dated 10/1/2004, /'. i--J,;' (J/_ ~~:me: ~~i:a~~ap:~ur:~~:t~'~- Anita K. Haapapuro Declaration of Trust, dated 10/1/2004. OFFICIAl SEAl ROBERT W MONTGOMERY NOTARY Pl8.IC. STATE OF UINOIS MY COtAI8SION EXPIRES:08I29I09 f'\ I~ STATE OF ILLINOIS, COUNTY OF ,)~, t~ ' SS: The undersigned, a Notary Public, in and for ' e County and State aforesaid, DO HEREBY CERTIFY that Andrew J. Haooaouro. As Trustee and Anita K. Happapuro are personally known to me to be the same persons whose names are subscribed to the foregoing instrument, and that they appeared before me this day in person and severally acknowledged that they signed and delivered the said instrument. JilVEN under my ,h, and, and official seal, this _~:...'-!.~ day of llr:uJ., ,'i!Jflk }(,'07 o 1~.!t~iJUlt(,l, /Jjlb~(/yvl-~"j I...:.~e !.);:3lS ~tl /l;lv+/IIi0t:';;fJ /;"7Lt PROPERTY ADDRESS: 13 Judith Ann Drive. Mount Prosoect. IL ~.. By: Name: Maria Gomez STATE OF ILLINOIS, COUNTY OF ,SS: The undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that Maria Gomez is personally known to me to be the same person whose name is subscribed to the foregoing instrument, and that they appeared before me this day in person and severally acknowledged that they signed and delivered the said instrument GIVEN under my hand and official seal. this _____ day of ,2006. Notary Public iManage: 185623_2 5 PROPERTY ADDRESS: 2 Judith Ann Drive. Mount ProSDect. IL By: Name: Andrew J. Happapuro, Trustee of the Andrew J. Haapapuro Declaration of Trust, dated 10/1/2004. By: Name: Anita K. Happapuro, Trustee of the Anita K. Haapapuro Declaration of Trust, dated 10/1/2004. STATE OF ILLINOIS, COUNTY OF . SS: The undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that Andrew J. Haooaouro. As Trustee and Anita K. Happapuro are personally known to me to be the same persons whose names are subscribed to the foregoing instrument, and that they appeared before me this day in person and severally acknowledged that they signed and delivered the said instrument GIVEN under my hand and official seal, this _____ day of ,2006. Notary Public PROPERTY ADDRESS: 13 Judith Ann Drive. Mount Prosoect. IL . By: ~\..Ct. ~:~<..\. ,q {-"'; \'(\(1L Name: Maria Gomez iManage:185623_2 5 PROPERTY ADDRESS: By: x~"5 J cd-rA Name: Isidra Solano 14 Judith Ann Drive. Mount Prosoect.IL Sn('-:f!. n t? OFFICIAL SEAL WANDA CECALA NOTARY PU8UC. STATE a: ILUNClIS MY COMMISSION EXPlRES:03.G1110 STATE OF IlliNOIS, COUNTY OF ~ SS: The undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that Isldra Solano is personally known to me to be the same person whose name is subscribed fo the foregoing instrument, and that they appeared before me this day in person and severally acknowledged that they signed and delivered the said instrument. .-, IY 1J.1 . ~: G!\{ ~ er my ~nd and 0 'at seal, this .~ day of .// ~ . ,~.!~C01 />,' , {lVnR.l'\../ I . v Notary Public PROPERTY ADDRESS: By: Name: Bhavna D. Patel By: Name: Dinesh D. Patel, 25 Judith Ann Drive. Mount Prosoect. IL STATE OF ILLINOIS, COUNTY OF . ss: I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that Shavna D. Patel and Dlnesh D. Patel is personally known to me to be the same person whose name is subscribed to the foregoing instrument, and that they appeared before me this day in person and severally acknowledged that they signed and delivered the said instrument. GIVEN under my hand and official seal, this _ day of ,2006. Notary Public iManage:185623_1 6 PROPERTY ADDRESS: 14 Judith Ann Drive. Mount ProsDect.IL By: Name: Isidra Solano STATE OF ILLINOIS, COUNTY OF , SS: The undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that (sidra Solano is personally known to me to be the same person whose name is subscribed to the foregoing instrument, and that they appeared before me this day in person and severally acknowledged that they signed and delivered the said instrument. GIVEN under my hand and official seal, this _ day of 2006. Notary Public ~~OPE~:Y~DD.~~:f ~, 25 Judith Ann Drive. Mount Prosoect. IL NBy',me: ~)'.te! ';1 . ;;' t~1. ......, .... - Name: Dinesh D. Patel. STATE OF ILLINOIS. COUNTY OF {"~" ,~i ( , SS: I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that Bhavna D. Patel and Dinesh D, Patel is personally known to me to be the same person whose name is subscribed to the foregoing instrument, and that they appeared before me this day in person and severally acknowledged that they signed and delivered the said instrument. GIVEN under my hand and official seal, this .2 ;r day of : 1./\ !'" .." 2006, '} .' " ,,:. ..~ ,., ,: /f, l~ Notary Public OffICI"l. S~f&.\ GLORI" " N~E Of ILUNO\S NOi /l.,R'f p\.lB\.I~Si~P\RES:'0l24106 tv<< c()tAtA\SSI iManage:185623_2 6 OFFICIAL SEAl WANDA CECALA NOTARY PUBLIC. STATE OF IWNOlS MY COMMISSION EXPIRES:~1110 26 Judith Ann Drive. Mount Prospect. IL p Cu.uk~'1:h-. ~ " - (j .0 /"/ ' ";./ , /'7 Lt:t7YZ//' ,,' - ," V"a , STATE OF IlliNOIS, COUNTY OF ~,SS: The undersigned, a Notary Public. in and for the County and State aforesaid, DO HEREBY CERTIFY that HUGO F. Ramirez and Inns N. Ramirez are personally known to me to be the same persons whose names are subscribed to the foregoing instrument, and that they appeared before me this day in person and severally acknowledged that they signed and delivered the said instrument. /1 ,t~ uoo.;~ ~(C11')sefJ' ~. ~~ day m /i1G\/y,il~\ . LUtL{)--" !I Notary Public PROPERTY ADDRESS: By: l/~ Name: Hugo F. R mirez By: ~t-r!. Name: Irma N. Ramirez. PROPERTY ADDRESS: 37 Judith Ann Drive, Mount Prospect. IL By: Name: Samir M. Patel STATE OF ILLINOIS, COUNTY OF . ss: The undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that Samlr M. Patel is personally known to me to be the same person whose name is subscribed to the foregoing instrument, and that they appeared before me this day in person and severally acknowledged that they signed and delivered the said instrument. GIVEN under my hand and official seal, this _ day of ,2006. Notary Public iManage:185623_1 7 PROPERTY ADDRESS: 26 Judith Ann Drive. Mount Prospect. IL By: Name: Hugo F. Ramirez By: Name: Irma N. Ramirez STATE OF ILLINOIS, COUNTY OF . ss: The undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that Huao F. Ramirez and Irma N. Ramirez are personaHy known to me to be the same persons whose names are subscribed to the foregoing instrument, and that they appeared before me this day in person and severally acknowledged that they signed and delivered the said instrument. GIVEN under my hand and ofIiciaI seal, this _ day of 2006. Notary Public PROPERTY ADDRESS: 37 Judith Ann Drive, Mount Prosoect. IL By: ~ .S' (; r.'~ 1>> . i 1., I~-{"'-I Name: Samir M. Patel OFFICIAL SEAL WANDA CECALA NOTARY Pl8.JC . $rATE OF IWNOIS tit COMMlSSlCl4 EXPlRES:03IO'110 STATE OF ILLINOIS, COUNTY OF . SS: The undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that Samir M. Patel is personally known to me to be the same person whose name is subscribed to the foregoing instrument and that they appeared before me this day in person and severally acknowledged that they signed and deliVl!red the said instrument."f GIVEN under my hand ~~d official sea,,'thii~t>Mday ~ ~f~v "". 1 ' . .! 2G96. .....r-LL. \,1. /\../1,.'\ "1' ....1.... .... i\.) }.' ./ . J "\.0 / Vv / t ,... VLl.LL 1'---' Notary Pub'lic PROPERTY ADDRESS: 38 Judith Ann Drive. Mount Prosoect. IL iManage: 185623_2 7 /1 By: /' Name: J STATE OF ILLINOIS, COUNTY OF ~ 55: The undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that John P. Mudloff is personally known to me to be the same persons whose names is subscribed to the foregoing instrument, and that heappeared before me this day in person and severally acknowledged that he signed and delivered the said instrument. I') 0' r my hand. Ind 0 ffi. C.IaJ&S. I, this tJh + day of , ~ ?-CO" !~ .<4 I LLCi .\..--' Notary Public OFFICIAL SEAl. WANDA CECALA NOTARY PUIUC . STATE OF IWNOIS MY COMMISSION EXPlRES:OMl1110 If iManage:185623_1 8 ASSOCIATION: JUDITH ANN HOMEOWNERS ASSOCIATION AN ILLINOIS NOT -FOR-PROFIT CORPORATION BY:~I~~10 Name: _~~ . , . Title: President ATTEST: By: Name: (l Title: Secretary iManage:185623_2 OFFaL" "'T'- '::=.=- STATE OF ILLINOIS, COUNTY oFf~']()ll. . SS: The undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY tha~ 1>(~ andp rilll; n. Pm i personally known to me to be President and Secretary of Judith Ann Homeowners Association, an Illinois not-for-profit corporation (referred to as the "Association"), and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Secretary they signed and delivered the said instrument, pursuant to authority given by the BY LAWS of said ASSOCIATION, as their free and voluntary act, and as the free and voluntary act and deed of said ASSOCIATION, for the uses and purposes therein set forth. J :J-t-- ~o I"~ GIVEN under my hand and official seal, this ~ day of ~,m6. .2. o--C'l ,: . ,,;....). 1/ n"\G:.-t,/..-- .J .l.7J1'k-_ Notary Public v 9 VILLAGE OF MOUNT PROSPECT, AN ILLINOIS MUNICIPAL CORPORATION By: Name: Irvana K. Wilks Title: Village President ATTEST: By: Name: M. Lisa Angell Title: Village Clerk STATE OF ILLINOIS, COUNTY OF ,SS: The undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that Villaae President and Villaae Clerk are personally known to me to be the same persons whose names are subscribed to the foregoing instrument, and that they appeared before me this day in person and severally acknowledged that they signed and delivered the said instrument. GIVEN under my hand and official seal, this _ day of ,2006. Notary Public i Man age: 185623_2 10 EXHIBIT 1 LEGAL DESCRIPTIONS OF PROPERTIES ABUTTING JUDITH ANN DRIVE Record Owner: Common Address: PIN: Legal Description: THE NORTH 50.42 FEET OF LOT 2, ALL IN JUDITH ANN SERAFINO'S GARDENS RESUBDIVISION OF PART OF THE NORTHWEST ~ OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Record Owner: Geogy Philip and Elizabeth Philip 1 Judith Ann Drive 03-34-200-175-0000 Andrew J. Happapuro, trustee of the Andrew J. Haapapuro Declaration of Trust, dated 10/1/2004 and Anita K. Happapuro, trustee of the Anita K. Haapapuro Declaration of Trust, dated 10/1/2004. 2 Judith Ann Drive 03-34-200-137-0000 Common Address: PIN: Legal Description: THAT PART OF LOT 9, WHICH LIES SOUTH OF A LINE DESCRIBED AS RUNNING FROM A POINT ON THE WEST SIDE OF SAID LOT 9, WHICH IS 50.28 FEE NORTH OF THE SOUTHWEST CORNERS OF SAID LOT AS MEASURED ALONG THE WEST LINE OF SAID LOT TO A POINT ON THE EAST LINE OF SAID LOT, WHICH IS 49.93 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT (AS MEASURED ALONG THE EAST LINE OF SAID LOT) ALL IN JUDITH ANN SERAFINE'S GARDEN RESUBDIVISION OF PART OF THE NORTHWEST ~ OF THE NORTHEAST ~ OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Maria Gomez 13 Judith Ann Drive 03-34-200-156-0000 Record Owner: Common Address: PIN: Legal Description: THE NORTH 50.28 FEET OF LOT 3 (AS MEASURED ALONG THE EAST AND WEST LINES OF SAID LOT) IN JUDITH ANN SERAFINE'S GARDEN RESUBDIVISION OF PART OF THE NORTHWEST ~ OF THE NORTHEAST ~ OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. iManage: 185623_2 11 Isidra Solano 14 Judith Ann Drive 03-34-200-143-0000 Record Owner: Common Address: PIN: Legal Description: THE SOUTH 50.16 FEET OF LOT 8 (AS MEASURED ALONG THE EAST AND WEST LINES OF SAID LODIN JUDITH ANN SERAFINE'S GARDEN RESUBDIVISION OF PART OF THE NORTHWEST Y. OF THE NORTHEAST Y.OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COO"K COUNTY, ILLINOIS. Bhavna D. Patel & Dinesh D. Patel 25 Judith Ann Drive 03-34-200-162-0000 Record Owner: Common Address: PIN: Legal Description: THE NORTH 50.29 FEET OF LOT 4 IN JUDITH ANN SERAFINE'S GARDEN RESUBDIVISION OF PART OF THE NORTHWEST Y. OF THE NORTHEAST Y. OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Hugo F. Ramirez and Irma N. Ramirez 26 Judith Ann Drive 03-34-200-149-0000 Record Owner: Common Address: PIN: Legal Description: THE SOUTH 50.25 FEET OF LOT 7, (AS MEASURED ALONG THE EAST AND WEST LINES OF SAID LOT) IN JUDITH ANN SERAFINE'S GARDEN RESUBDIVISION OF PART OF THE NORTHWEST Y. OF THE NORTHEAST Y. OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THIRD PRINCIPLE MERIDIAN, IN COOK COUNTY, ILLINOIS. Samir M. Patel 37 Judith Ann Drive 03-34-200-168-0000 Record Owner: Common Address: PIN: Legal Description: LOT 5 (EXCEPT THE SOUTH 127.16 FEET THEREOF AS MEASURED ALONG THE EAST AND WEST LINES OF SAID LOT) ALL IN JUDITH ANN SERAFINE'S GARDEN RESUBDIVISION OF PART OF THE NORTHWEST Y. OF THE NORTHEAST Y. OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. John P. Mudloff 38 Judith Ann Drive 03-34-200-155-0000 Record Owner: Common Address: PIN: Legal Description: LOT 6 (EXCEPT THE NORTH 127.29 FEET THEREOF AS MEASURED ALONG THE EAST AND WEST LINES OF SAID LOT) ALL IN JUDITH ANN SERAFINE'S GARDEN RESUBDIVISION OF PART OF THE NORTHWEST Y. OF THE NORTHEAST Y. OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. iManage:185623_2 12 RESOLUTION NO. A RESOLUTION APPROVING A PLAT OF CONSOLIDATION FOR CERTAIN PROPERTY ADJACENT TO 1, 2,13,14,25,26,37, AND 38 JUDITH ANN DRIVE (VACATED JUDITH ANN DRIVE). MOUNT PROSPECT. ILLINOIS WHEREAS, the Village of Mount Prospect Board of Trustees approved the vacation of certain public right-of-way (Judith Ann Drive) (the "Property"), which lies adjacent to 1, 2, 13, 14, 25, 26, 37, and 38 Judith Ann Drive, pursuant to Village of Mount Prospect Ordinance No. , which was passed and approved on November 5, 2008; and WHEREAS, pursuant to Ordinance No. _, the Property was vacated into eight (8) separate, adjacent properties and the Judith Ann Homeowners Association ("Petitioner") was granted ownership of the Property under an Assignment of Interest and Acceptance of Ownership to Vacated Land (Vacated Judith Ann Drive), which was made a part of said Ordinance; and WHEREAS, the "Petitioner" has requested approval of a Plat of Consolidation for the purpose of consolidating the Property into one single lot of record, as legally described in Exhibit "A"; and WHEREAS, the Planning and Zoning Commission has considered and recommended approval of the Plat of Consolidation at its October 23, 2008 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the President and Board of Trustees approve and adopt the findings and recommendations of the Planning and Zoning Commission and incorporate such findings and recommendations herein by reference as if they were fully set forth herein. SECTION TWO: That the consolidation of the Property is hereby granted and the Plat of Consolidation attached to this Resolution as Exhibit "A" is hereby approved for appropriate execution and recording. Such Plat and its legal description are incorporated into, and made a part of, this Resolution. SECTION THREE: That the Village Clerk is hereby authorized and directed to record a certified copy of this Resolution with the Recorder of Deeds of Cook County. SECTION FOUR: This Resolution shall be in full force and effect from and after its adoption, approval and publication in pamphlet form as provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this th day of November, 2008. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell ? Village Clerk D I 1_'_. ....._\\An...I\I"'U~~^1 1 ITIf"\f\.I\OI.....~,...^.."ro^li,...""Ifin.niIINith~nnnn\l?nnA (~, rln~ ..", ...~........."",....,." .,..,.....-. ~:~~~~=~.:L~~;.': ~"...,---_....,..." ra~.~~~:::~:::E ..'-"',..........."'-...........--,.,.... .....-............-....,......... ... .. ...- on.'~I...-.lI-"lXI.. !.... ~..OOll.l ~ .1' moo. \,."..,,, "";l'..~_""""'~ ""j..,;..ur...:....___....,.....""""".n "..""....1111> ....~..., .... PLAT OF CONSOUDATION 0' VACATED JUDITH ANN DRIVE on..IJ<U'I.,t~.~_Pl..lll;ocr..-tJl..I;.__IIIo~_wll...'_ u,.~_lIbll.llllihllmrmA.'liIf~IUJID;D....1IUI:HJII:lIL1WIVIIQO;o;.. ,."..,;""'~Qooorio<.......,~QJuonn-"'~IJ,,.,,.......i~......U '-.....1YftJ~ ..riol.....~t:....IJ.IUiIooolo~"'....~.....-.. ~.~.. ...............-loo>TIM#I... y...-....._.........._.._. /" ,P" "",'~ ,p.... ,""'" .~.~ uJ.ri'" t; lol .. t:; ,..................~._.."...J...'.~I JUDlTII AliN DlUVE $ 0<<: :E .;~;;~.':.Ul'~../:...... ~'_.~~ : , ../ / ~o . ..~"'!. ~ I FF'n. _n..'_'............. ---- ............._"....._n ~~':'.,=-. j" =-~~~~~n ....~""'__.........nua'f ...._AJ'UJ._Dil...L..AIUf...........,r. ~r'~-' _ll'm....,,,,..- e......" 'iI"-.'~ ~;;:~ l~. .:~~..~. Village of Mount Prospect Community Development Department 1 Mount Prospect r MEMORANDUM ~ ~~.~ " ('5'/08 TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 27,2008 SUBJECT: PZ-25-08 - HEIGHT VARIATION FOR AN ACCESSORY STR (SHED), VARIATION TO STORE A MOTORIZED VEHICLE TRACTOR) IN A SHED 1504 LARCH DRIVE STEVE BOOM - APPLICANT The petitioner, Steve Boom, is seeking approval of a height Variation for an accessory structure (shed) and a Variation to store a motorized vehicle (farm tractor) in a shed for the property at 1504 Larch Drive. The Planning and Zoning Commission conducted a public hearing to review the request on Thursday, October 23, 2008, and by a vote of 6-0, recommended denial of a Variation to increase the height from ten feet (10') to twelve feet (12') for an accessory structure (shed) and voted 6-0 recommending approval of a Variation to allow the storage of a motorized vehicle within a shed, contingent on the vehicle being an antique farm tractor. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their November 5, 2008 meeting. Staff will be present to answer any questions related to this matter. H:\PLAN\Pl4uUling & Zoning COMM\P&Z 2008\MEJ Memo\PZ-25-08 1504 Larch Drive(VAR-height & tractor)I02708.doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-25-08 Hearing Date: October 23, 2008 PROPERTY ADDRESS: 1504 Larch Drive PETITIONER: Steve Boom PUBLICATION DATE: October 8, 2008 PIN NUMBER: 03-24-307-046-0000 REQUESTS: 1) Variation to Increase the Height for an Accessory Structure (Shed) 2) Variation to store a motorized vehicle in a shed MEMBERS PRESENT: Richard Rogers, Chair Joseph Donnelly Leo Floros Marlys Haaland Ronald Roberts Keith Youngquist ST AFF MEMBERS PRESENT: Brian Simmons, AICP, Deputy Director of Community Development Consuelo Andrade, Development Review Planner INTERESTED PARTY: Jayne Boom Chairman Richard Rogers called the meeting to order at 7:32 p.m. Keith Youngquist made a motion to approve the minutes of the September 25, 2008 meeting and Joseph Donnelly seconded the motion. The minutes were approved 5-0 with Marlys Haaland abstaining. Chairman Rogers introduced Case PZ-25-08, a request for a Variation to increase the height for an accessory structure (shed) and a Variation to store a motorized vehicle in a shed at 1504 Larch Drive, at 7:33 p.m. Consuelo Andrade, Development Review Planner, said the Petitioner was applying for two Variations. The property is zoned R-l Single Family Residential. The subject property is an existing single-family home on a 75 foot by 122 foot lot. The Petitioner was proposing to install a ten foot (10') by twelve foot (12') shed on the southeast comer of the property. The shed would be twelve feet (12') high in order to store the farm tractor. Ms. Andrade showed a picture of the tractor. Ms. Andrade showed the elevations of the shed; the shed would be a barn style with double doors and windows on the side. Ms. Andrade also showed a table of accessory structure requirements. The proposed shed met all Code requirements with the exception of the height. Ms. Andrade stated Village Code says a shed is designed to store household items and equipment necessary to upkeep the primary structure and property that it is located on. Village Code prohibits the storage of motorized vehicles or accessory structures to be used as an office, work, or living space. Ms. Andrade said the Petitioner was proposing to store a farm tractor inside a shed would not comply with the shed definition or with the use restriction regulation of the Code. Ms. Andrade summarized the Village Code Variation Standards. Staff did not feel that the Petitioner's Variation request would satisfy the standard. Richard Rogers, Chair Planning & Zoning Commission Meeting October 23,2008 PZ-22-08 Page 2 Ms. Andrade stated that the farm tractor was presently stored on the property inside the attached garage. She said other options existed such as building an addition or a detached garage which would allow storage for the tractor on the property without the two proposed Variations. Ms. Andrade said Staff recommended denial of the motion listed in the Staff Report. Leo Floros asked where the twelve foot (12') height measures to. Ms. Andrade said from grade to the mid-point of the roof. Brian Simmons, Deputy Director of Community Development, confirmed the overall height of the peak would be fourteen feet (14 '). Chairman Rogers asked about the possibility of the Petitioner doing work on the tractor in the shed. He questioned if this would become a work area. Chairman Rogers also wanted to know if this was being considered. Ms. Andrade said that the Petitioner was primarily looking at the height and storage of the motorized vehicle as these two factors did not meet the code's definition. Section 14.306 prohibits the shed from being a work space. Chairman Rogers said three things would then need to be looked at: the height, storage of the motorized vehicle, and working in the shed. Ms. Andrade stated that Chairman Rogers' statement was correct, but for the case, the Petitioner just requested Variations for the height and storage. Chairman Rogers swore in the Petitioner, Jayne Boom, 1504 Larch Drive, Mount Prospect, Illinois. Mrs. Boom said that she and her husband were looking for a dedicated space to store the tractor. She stated that it is currently kept in the garage where it takes up room for the cars. It is an antique and she would like to keep it in one place. Mrs. Boom said if they decided to restore it, it would be a slow process of painting it and getting it to run smoother. Chairman Rogers asked why the Petitioner had a farm tractor. Mrs. Boom stated that it was an heirloom. There was general discussion regarding the door height of the proposed shed at six and a half feet (6.5 '). It was mentioned that this size was smaller than a normal garage door. Chairman Rogers asked why an additional five feet (5') was needed above the door. Mr. Youngquist said in order to create the look of the design, the twelve feet (12') was needed. He said the design was driving the overall height of the structure. Mr. Donnelly stated the loft area in the shed would be a lot lower than a standard garage. Chairman Rogers asked the Petitioner if she was just trying to accomplish the looks of the shed. Mrs. Boom stated that she wanted the shed to look nice. Chairman Rogers said by changing the roof, the Petitioner could get the shed down to ten feet (10') and the Variation would not be needed. Mr. Floros asked if there were any comments from the neighbors on the proposed shed. Richard Rogers, Chair Planning & Zoning Commission Meeting October 23, 2008 PZ-22-08 Page 3 Mrs. Boom said she had talked to both next door neighbors; they were fine with the design. Mr. Youngquist asked if there was an existing shed. Mrs. Boom said there was no existing shed or fence. Chairman Rogers noticed the side yards are small and asked the Petitioner if she would be able to maneuver the tractor into the backyard. Mrs. Boom stated there was enough room for the tractor. She said she could not do a detached garage because there would not be enough room for a driveway. There was no one in the audience to address the case so Chairman Rogers brought the discussion back to the board at 7:46 p.rn. Mr. Floros said he saw what the Petitioner wants to accomplish, but was uncomfortable with this case possibly creating precedence. Mr. Donnelly stated he was not comfortable with the height of the shed, but was okay with the tractor being stored in a shed. Chairman Rogers said the Petitioner certainly could store the tractor with the ten foot (10') maximum height. There was general discussion regarding storage of motorized vehicles; tractors versus automobiles. Mr. Youngquist said he did not see the height requirement fitting in for this tractor. There was discussion regarding the size of sheds. Chairman Rogers stated the real issue on hand is the height, not the storage of the motorized vehicle. Mr. Floros asked if the Commission could separate the motions. There was discussion regarding motions. Mr. Simmons said with the motion, the Planning and Zoning Commission could stipulate the type of motorized vehicle so no other vehicles could be stored in the future. Mr. Youngquist stated that they would not be setting precedence for motorized vehicles. Chairman Rogers said that they could just approve the particular tractor discussed. Mr. Youngquist made a motion to approve a request of a Variation to increase the height for an accessory structure (shed) from ten feet (10') to twelve feet (12') at 1504 Larch Drive. Joseph Donnelly seconded the motion. UPON ROLL CALL: AYES: None NAYS: Donnelly, Floros, Haaland, Roberts, Youngquist, Rogers Motion was defeated 6-0. Mr. Donnelly made a motion to approve a request of a Variation to store an antique tractor in a shed with the understanding that no other motorized vehicles would be allowed to be stored in the shed. Keith Y ounquist seconded the motion. UPON ROLL CALL: AYES: Donnelly, Floros, Haaland, Roberts, Youngquist, Rogers NAYS: None Motion was approved 6-0. Richard Rogers, Chair Planning & Zoning Commission Meeting October 23, 2008 PZ-22-08 Page 4 After hearing one additional case, Ronald Roberts made a motion to adjourn at 8:04 p.m., seconded by Joseph Donnelly. The motion was approved by a voice vote and the meeting was adjourned. !Jfit Ryan Kast, Community Development Administrative Assistant VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT - Planning Divis!on 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Variation Request ,\Q ,,\;: 'L\)IJU ~t.? (.. J ,;.:e .".:~"o~f\ar{t . .. .."..lO '(I' . ',.Xi; y'- ,i'~\r~:'2.\ ~ u , The Planning & Zoning Commission has final administr~?ve authority for all petitions for fence variations and those variation requests that do not exceed twenty-five (25%) ora requirement stipulated by the Village's Zoning Ordinance. ~ Mount Prospect PETITION FOR PLANNING & ZONING COMMISSION REVIEW Village Board Final z o ~ E-< ~ ~ o r.. Z ~ l>;:l E-< ~ U'.l z o ~ E-< -< :E ~I 0...... r.. fJ z u ~ .- Qo.. ZA o<C 01 ~ C,:) ~ u -< ~ Common Address(es) (Street Number, Street) It:.;'. L. i"" Tax I..D. Num er or County Assired Pin Nurnber(s) 03-2.4-307~tJ'1 -0000 Legal Description (attach additional sheets if necessary) La+- II In "eSlchl'/'v 1(.10..... ~ c",..........'l lQ1:t' ""J \l.OII:"tlU..,J lo....t..\.. c.oun ''1 ~""L~~~" h'oa.nnt" -th",,t c..J~rllcn I \~..T\-uc I~h. b.t '...S a. c;.Ub.\~,.H.ip\ 1""",",41 CI.J ';"4 O~ S~('~'Q" ll\ l1'ha."ft\C~;p 4t h.....\\. \ ~.."'~'" l\. E.&~. at:'~..1\....)- J lr\n~ 'Pt,\ M"""," \ .l~I) .. J ro Lc...CIV.,l'J15 ~ 'l\..+ .,-\. ~(,o',.{ ~~~" \}\li,I~ '\l...r.~,-~~L...~~.... rl{.,~ ,~ ~ll r-e~I"'+'-c...,. rr\.+..+\H o.c c..o~~ C.llU")~ Ml-\ ,'HI" to'" TI..ln.L I) ll\j,~ Name Telephone (day) <iJ'-II- ~fo7- bJ3 Telephone (evening) ~*+ Corporation Street Address <g"Lf Fax Is-oLf tv. City Zip Code booS""~ Email Il.. <5\a~ Z Name Telephone (day) 0 ""'" ~-t Eo- ~41- ~ I Corpbratibn Telephone (evening) ~ ..... o ~ ~ ~ ~Yl- zo Q€ Street Address Fax Z Cl) ;:J8- o ..... ~Il.. rJl Zip Code Email :::c= U < Mt~~ lL ~L, ~ Developer Name Telephone (day) Address Fax Email Attorney Name Telephone (day) Address Fax Email Surveyor Z Name Telephone (day) 0 1 ""'" Eo- '" Address Fax ~l Email O~ ~ 0 Z ..... """,Il.. ~~ Engineer 5 ;:J S Name Telephone (day) 08- ~Q) Address Fax rJ > :::c= Cl) uCi <I Email ~ Architect Name Telephone (day): Address Fax Email Landscape Architect Name Telephone (day): Address Fax Email Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois, 60056 2 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Code Section(s) for which Variation(s) is (are) Requested 14 - II.{.?' i>+-L Summary and Justification for Requested Variation(s), Relate Justification to the Attached Standards for Variations .1LP 0 \. Q \,{.. h r. 0. \} c.. V't e.n"~ -h? ~. x..t-~ I'l ~ -H,. i' l./ I Co ~+ 0-+' ~.. {Ju,J + () /7/ C> - ) ~ +0 o..llol..} +0(' <;(..~e ~\'\r;"'.(.,s" ..\ (t8r~S (j~ c.. +(.0....--. +wi C+dV'. ~ r.. ~ Q.t. \ '\ ~ ~~, 11 \H\,..., ~ "1 {i ~ ~o rA' t.nv ..fn,. +hf ,J-/J r'''''...t. (;.c r~. 'i'I. (".,. '"\1-', \ \L 'fl +CA. r...... ~ ~ +n;.cA-l/r"' -h..... -l-tl-t lU.pJ't!.{/ cr\. ...~.c.t-o~~""'~ S.n',~ +r"'.l:t........ ~O ~~ ~~ ~O CZlE: u < Please note that the application will not be accepted until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness prior to submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affIrm that all info accurate to the best of my owledge. JA32 JA&:)l=AO HOalr1HOL T 31.AAM UJI ~ 3TATt.. JiJt1Ijq YRATOM terials submitted in association with this application are true and Applicant Date q /-1,.(;' /0 ~ . Print Name 6'~:e,v t VSOOM-J If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supporting material. PropertyOwner ~L~~~ Date q /<-/0& Print Name s+e'\I~ ~t10h1 Mount Prospect Department of Community Development 'i0 ~(mth Fme:r<::on ~tre:e:t Mount Prosnect Illinois. 60056 Phone 847.818.5328 Fax 847.818.5329 ~ Affidavit of Ownership ~ COUNTY OF COOK ) ) STA TE OF ILLINOIS ) I, ~~l>\.-{," L ~flO~ , under oath, state that I am the sole - ~an an authorized officer of the ) ) owner of the property ) commonly described as J ~ 0 l-\ 1\.L L a ..t "" b~,'''-t .M 01... rr+ r ros Fe of J I L_ and that such Shl'~~ L.~ -:IC\'1ni>.. k~ --p..OQn--,. property IS owned by as of this date. _._\..-.~ ~~~ Signature Subscribed and sworn to before me this d.5~ day of ~ oFF.tcW. SEAL IMRIE T JOHNSON WJfIl<< Pt&lC. STATE 01 WNOI8 tIN eal.881ON EJCPIAES:OMJlII1 ,200~ . fn~ :1 ~~ Notary Public Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois, 60056 4 Phone 847.818.5328 Fax 847.818.5329 'T'T'IT'I 0/1'7 -:lO"l t::f\t::/1 orth Plat of Survey of E Property located at: Legalh,' described as: 1504 LARCH DRIVE L.OT II IN THE Rt3'UBDMSION or CER1JVN LOTS AND Ut/CATEO LARC/I COURT IN BRICKVAN Al.4NOR Tfl/RD ADOI170M UNIT NO. A SUBOMSION IN !HE $Ol/!HMST Ol14RTrR or SEC170N 21. TOWNSHIP 42 NORTh; RANCE 11, EAST or THE THIRD PRINCIPA, ACCOROnvc TO !HE PLAT or S4/0 RESl/BOMSION RECISTEREO IN THE omCE or 11IE R[CISmAR or 171Zt3' or COOK COUlITY. av .JUNE .J; 196'4, AS DOCUMENT NUMBER 215J172. ~=-=-==-~=--=- L4IPC/7 OIP/I/E" J--~=;:-=-"-==7:===.c...--=-==-.-==-~--o-- {7T:---- / ---==:-- !J ~~~: .t:7ii2~2:;z; s I ~ ~ ~ ~ ~ ~ j ~ ~ ~ ~ ~. "'- " AG~ ct.' 0\< hG~ .J(J' ~r '1" Si ~9 ~ O. ,S J Q'"'i'l .= -~ "i t II P,!/ (',r" t1l1U'.' , IT:',;;DW, T ,(" ."" tbJ >d) 'W 11' d ~1~lAGE OF MT: PROSPECT 1 lilS PLI\N MUST BE ON 7.5: 53 ;-?- /() j / I j ';J/ - 51 LOT / / ~t ~v '- - _ ( oY,_~ y~Gt.'lI~S S' 6r; (}: 0 fJ "5 .F7.~SEM;~T '7 I j ~?( j) f1. : Illinois) :Jf Cook) SS. leI 1. Emmert Surveys. Inc.. does hereby certify that we have surveyed the above ~d property and prepared the plat hereon drawn. The legal description shown is provided by others. Refer to deed or title policy for building setbacks, :nts or other restrictions which may exist. Dimensions not noted hereon shall not lmed by scaling or otherwise. This office shall not be responsible for future ction unless all property corners are established by this office. ii, 2NO nnll nf SEPTEVBFR 100 .T I ~ ~ ~ Z. ~~~u ~iroo . ~E "O-.l z 0 ~ <{ > W -I W C) Z ~j . 0 <{- ~ , 0::" ~ ;., u...;. ~ "- ~ w~ ~ e~ m z t/l~ . 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MOUNT PROSPECT, ILLINOIS WHEREAS, Steve Boom ("Petitioner") has filed a petition for Variations with respect to property located at 1504 Larch Drive ("Property"), and legally described as follows: Lot 11 in the resubdivision of certain lots and vacated Larch Court in Brickman Manor Third Addition, unit no. A Subdivision in the Southwest quarter of Section 24, Township 42 North, Range 11, East of the Third Prinicipal according to the Plat of said resubdivision Registered in the office of the Registrar of Titles of Cook County, on June 3, 1964, as Document Number 2153172. PIN: 03-24-307-046-0000; and WHEREAS, the Petitioner seeks Variations to 1) allow for construction of an accessory structure (shed) twelve feet (12') in height and 2) allow for the storage of a motorized vehicle (farm tractor) in an accessory structure (shed) as shown on the attached Exhibit "A"; and WHEREAS, a Public Hearing was held on the request for the Variations being the subject of PZ-25- 08 before the Planning and Zoning Commission of the Village of Mount Prospect on the 23rd day of October 2008, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 8th day of October, 2008; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees of the Village of Mount Prospect in support of the request being the subject of PZ-25-08; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Variations would be in the best interest ofthe Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. c Page 2 PZ-25-08 SECTION TWO: The Village Clerk is hereby authorized and directed to record a certified copy of this ordinance with the Recorder of Deeds of Cook County. SECTION THREE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of November, 2008. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\WIN\ORDINANCE2\Variationsheightandstorage 15041archdrivenov2008 .doc ~ \ . Mount Prospect Mount Prospect Public Works Department INTEROFFICE MEMORANDUM FROM: PROJECT ENGINEER ~",~n. ,,1"'* TO: VILLAGE MANAGER MICHAEL E. JANONIS DATE: OCTOBER 21, 2008 SUBJECT: SAFE ROUTES TO SCHOOL SIDEWALK CONSTRUCTION PROJECT BACKGROUND The Village of Mount Prospect has received approval for a $76,000.00 grant from the Safe Routes to School Program. The program is federally funded through the Federal Highway Administration (FHWA) and is administered in Illinois by the Illinois Department of Transportation (lOOT). The grant money will be 'used to install new sidewalk near three schools within District 59. The three schools are: John Jay School, Holmes Jr. High School, and Robert Frost School. The schools identified the following locations to install sidewalk within public right of ways to facilitate safe travel to their schools. :lZt On the west side of Busse Road, between Cottonwood Drive and Pheasant Trail, it On the north side of Golf Road between Meier Road and Par Lane, and in On the east side of Linneman Road between Huntington Commons Road and Eva Lane. DISCUSSION In order for lOOT to receive the grant money from FHWA for the sidewalk project, the project must be bid out through lOOT. This requires the Village to execute a Local Agency Agreement for Federal Participation. The Agreement allows lOOT to recoup construction costs up to the amount of the grant, $76,000.00, from FHWA. Any construction costs incurred above $76,000.00 will be the responsibility of the Village. The estimated cost for the project is $74,813.75. Construction of the new sidewalk is scheduled for Spring 2009. RECOMMENDATION The Local Agency Agreement for Federal Participation for the Safe Routes to School Sidewalk Program has been reviewed and found to be acceptable. I recommend the Village Board authorize the Mayor to sign the Local Agency Agreement for Federal Participation at the November 5, 2008 Village Board meeting. /Jcv~'---- 'vv7. (~ Donna M. Brown, P.E. 1) H:Engineering\Sidewalk\safe route\Agreement Memo.doc "~b.R::nI: Of~ Local Agency Agreement for Federal Participation Local Agency Village of Mount Prospect Section State Contract Day Labor Local Contract RR Force Account x Fund Type ITEP Number 08-00152-o0-SW SRTS Construction Job Number project Number C-40-006-08 SRTS-4008(019) This Agreement is made and entered into between the above local agency hereinafter referred to as the .LA" and the state of illinois, acting by and through its Department of Transportation, hereinafter referred to as "STATE". The STATE and LAjolntly propose to Improve the designated location as described below. The improvement shall be constructed In accordance with plans approved by the STATE and the STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as .FHWA". Location Termini Various Local Name Busse Road, Golf Road, and Linneman Road Route Various Length 1,875' Total Current Jurisdiction LA Existing Structure No N/A Project Description Installation of new sidewalk at the following three (3) locations: 630' on Busse Road between Pheasant TrI. and Cottonwood Land: 445' on Golf Rd. between Par Lane and Meier Road.; and 610' on Linneman Road between Eva Lane and Huntington Commons Road Division of Cost Type of Work Participating Construction Non-Participating Construction Preliminary Engineering Construction Engineering Right of Way Railroads Utilities TOTAL NOTE: FHWA 76,000 STATE 0/0 % LA % Total 76,000 * $ ) ) ) ) ) ) ) ) ) ) ) ) ) ) 76,000 $ $ *Maximum FHWA (SRTS) Participation 100% Not to Exceed $76,000.00. 76,000 o ) ) ) ) ) ) ) $ The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursmenl If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above. The Federal share of construction engineering may not exceed 15% of the Federal share of the final construction cost. Local Agency Appropriation By execution of this Agreement, the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and additional funds will be appropriated, if required, to cover the LA's total cost. Method of Financing (State Contract Work) METHOD A---Lump Sum (80% of LA Obligation) METHOD B-- Monthlv Payments of METHOD C---LA's Share Balance divided bv estimated total cost multiplied bv actual proQress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Agreement Provisions THE LA AGREES: (1) To acquire in its name, or in the name of the state if on the state highway system, all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established state policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LA, and STATE and the FHWA, if required. (2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required. (5) To maintain or cause to be maintained, In a manner satisfactory to the STATE and FHWA, the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in Item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the deparbnent; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. (8) To provide if required, for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement. (9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A - Lump Sum Payment. Upon award of the contract for this Improvement, the LA will pay to the STATE, In lump sum, an amount equal to 80% of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified amount each month for an estimated period of months, or until 80% of the LA's estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method C - Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid. (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for, or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fIScal year in which this Agreement is executed, the LA will repay the STATE any Federal Funds received under the terms of this Agreement. (14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission (ICe). Final Inspection for railroad related work should be coordinated through appropriate lOOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the Ice for review and approval prior to the commencement of work. Signal related work involving Interconnects with state maintained traffic signals should also be coordinated with the lOOT's District Bureau of Operations. The LA is responsible for the payment of the railroad related expenses in accordance with the LAlrailroad agreement prior to requesting reimbursement from lOOT. Requests for reimbursement should be sent to the appropriate lOOT District Bureau of Local Roads and Streets office. ~__:____'_ n_..___~ r.......:__.._.... :_ ____.....____ ....:...L... "L..._ n:...:_:__ _" ,...__.. __ ____ ___ (.15) And certifies to the best of its knowledge and belief its officials: (a) are not presenUy debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal deparbnent or agency; (b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with commission of any of the offenses enumerated in item (b) of this certification; and (d) have not within a three-year period preceding the Agreement had one or more public transactions (Federal, State, local) terminated for cause or default. ( 16) To include the certifications, listed in Item 15 above and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", In accordance with Its instructions; . (c) The LA shall require that the language of this certification be Included in the award documents for all subawards at all ties (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subreclplents shall certify and disclose accordingly. (19) To regulate parking and traffic In accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current illinois Complied Statutes. (22) That the LA may Invoice the STATE monthly for the FHWAandlor STATE share of the costs incurred for this phase of the improvement The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation Is defined as verification of payment, certified time sheets, vendor Invoices, vendor receipts, and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement Is approved by the STATE if this portion of the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000). (24) Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed. (25) (Single Audit Requirements) That if the LA receives $500,000 or more a year in federal financial assistance they shall have an audit made in accordance with the Office of Management and Budget (OMB) Circular No. A-133. LA's that receive less than $500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE with 30 days after the completion of the audit, but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205. THE STATE AGREES: (1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity ofthe LA's certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction work: (a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain Suffil cost information and show evidence of payment by the LA; (b) To provide independent assurance sampling, to fumish off-site material inspection and testing at sources normally visited I STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not appr the proposed improvement for Federal-aid participation or the contract covering the construction work contemplated herein is n awarded within three years of the date of execution of this Agreement. (2) This Agreement shall be binding upon the parties, their successors and assigns. (3) For contracts awarded by the LA, the LA shall not discriminate on the basis of race, color, national origin or sex in the award al performance of any USDOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR part The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT - assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out Its approved program, the department may impose sanctions as provided for under part 26 and may, In appropriate cases, refer the matter fI enforcement under 18 U.S.C. 1001 andlorthe Program Fraud Civil Remedies Act of 1986 (31U.S.C. 3801 at seq.). In the abse of a USDOT - approved LA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (4) In cases where the .ST ATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source falls to appropriate or otherwise make available funds for the work contemplated herein. (5) All projects for the construction of fixed works which are financed in whole or In part with funds provided by this Agreement and amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 mG.) unless the provisions of that Act exempt it! application. ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1 Location MaD (Insert addendum numbers and tiUes as applicable) APPROVED provisions set forth in this Agreemel The LA further agrees, as a condition of payment, that it accepts and will comply with and all addenda indicated above. Name Irvana K. Wilks Title Mayor County Board ChairpersonlMayorNillage President/ete. State of illinois Department of Transportation Milton R. Sees. Secretary of Transportation Signature Date Date Christine M. Reed, Director of Highways/Chief Engineer TIN Number 3b - ~oC' (.., 0 II NOTE: If signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. Ellen J. Schanzle-Haskins, Chief Counsel Ann L. Schneider, Director of Finance and Administration I- U w ~ ~ a.. ~ .......1:::'- (,),A':>Q) w;:"""IIoen- ... . 0 ... 0- ~wq~~ o::ONO' A.-~"'8- ....(I)8eno- z...l .1=0::& 5o~cn"'::) ::IE 0 .. .. (,) c :::t: . ." Z LL.UOOOw ~(I)z~zg C)O~(,)mC:C ~I-i=~~ :::! (I) (,) 0 >WWi2: I- en a.. :::) o 0:: w u. ~ w z ~ W ..J () en S " I ~'111t111H 31\'1 W"T'IWI^ JAW WJJIINW:J 3I\tI'yJ.W". >>0.'_ Il 1I111!l31\ S 3I\'I,DI.IV:INn :Jf\. .l'WJl\W\ S 3 I 3 I I I I 3 ! , 3'WmO'1!I I I 11I_ on 0IIlII\3IEJ IIIIIII\3!llI3 . i .lG'U... I , ~ II! I s I .. lIIIIIIlMl \.1IIIIINS3lI:l ,. UII:lIIOI3lO , Il \!!!,k \ .~ ('-.~) 5~ :5 I .--.~ 31\'1 '1,1.'11\_ I 5 i ~ 3/\_ ! ......... 11I_ I i i -li --\ .. . ........ .. 'SI3IIU:I ..- ..- _tCJIII: .. ...... Q-. ..- ..- .. lIIIIIIlMl .. -", I:il ~ I 5 5 I i I 5 I 3 ; i ~ .._! . XMMWJ. .. x:MMWJ. on IMIIDII on SIlICI I- U W (3 0: 0..'" :.:1 ..J.... ~~ wen Qo enl- 00 0:0 + ...0 ..J< 01- elen ..- ~ I 11 .. JJIU,J:lICl .. ..... (~ \ t w ..... o a: 0.. :.::'l ..J+ ~... w~ oen ;nO 01- 0:8 w+ enO ~~ men I~ ...~ Ii I ! t ! ; i ~ ~ ~ ! t " ~ . 0- Il( :E z o ~ (J o -I RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE ILLINOIS DEPARTMENT OF TRANSPORTATION WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined it is in the best interests of the Village to enter into a Local Agency Agreement for Federal Participation with the Illinois Department of Transportation (lOOT); and WHEREAS, the Village of Mount Prospect has received approval for a grant from the Safe Routes to School Program, funded through the Federal Highway Administration (FHWA) and administered in Illinois by the Illinois Department of Transportation; and WHEREAS, the grant money will be used to install new sidewalks near three (3) schools in School District #59 to facilitate safe travel to the schools; and WHEREAS, pursuant to the requirements of the grant award the Village of Mount Prospect must enter into a Local Agency Agreement for Federal Participation with the Illinois Department of Transportation, a copy of said Agreement is attached and made a part of this Resolution as Exhibit "A"; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the Board of Trustees of the Village of Mount Prospect do hereby authorize and direct the Village President to execute the Local Agency Agreement for Federal Participation between the Illinois Department of Transportation and the Village of Mount Prospect for the federally funded Safe Routes to School Sidewalk Construction Project, a copy of which is attached and made a part of as Exhibit "A". SECTION TWO: 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: ABSENT: PASSED and APPROVED this 5th day of November, 2008. I rvana K. Wilks Mayor M. Lisa Angell Village Clerk H: \C LKO\WIN\RESOLUTI ON\Aulhorize I DOT agreemenlnovember2008.doc