HomeMy WebLinkAboutRes 47-93 12/07/1993 AF/
12/3/93
RESOLUTION NO. 47-93
A RESOLUTION AMENDING RESOLUTION NO. 32-93
AUTHORIZING A RESTRICTIVE COVENANT FOR PROPERTY
COMMONLY KNOWN AS THE ELMHURST PLACE SUBDIVISION
WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect did
adopt Resolution No. 32-93 entitled "A Resolution Authorizing Execution of a
Restrictive Covenant for Property Commonly Known as The Elmhurst Place
Subdivision (1000 North Elmhurst Road); and
WHEREAS, the legal description of the property being the subject of Resolution No.
32-93 included a 7 lot subdivision; and
WHEREAS, the number of lots has been reduced in the Elmhurst Place Subdivision
from 7 to 6 single family lots.
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 Mayor and Board of Trustees of the Village of Mount
Prospect of the Village of Mount Prospect do hereby amend Resolution No. 32-93 by
substituting therefor the following legal description for the Elmhurst Place Subdivision:
Lots 1, 2, 3, 4, 5 and 6 in Elmhurst Place Subdivision, being a
Resubdivision of Lots 1, 2, 3 and 4 in Block 6, Wedgewood Terrace in
the East 1/2 of the Southwest 1/4 of Section 27, Township 42 North,
Range 11, East of the Third Principal Meridian, as per plat thereof
recorded as Document No. 13732148, in the Office of the Recorder,
Cook County, Illinois.
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: Clowes, Corcoran, Hendricks, Hoefert, Skowron, Wilks
NAYS: None
ABSENT: None
PASSED and APPROVED this 7th day of December . 1993.
. Gerald L. Farley, May6r .///'
ATTEST:
Carol A. Fields, Village Clerk
94926 o
DECLARATION OF COVENANTS AND RESTRICTIONS 1~
FOR ELMIII3RST PLACE SUBDIVISION
This Declaration made this 30~ day of November, 1993
by NAUERT BUILDERS; INC., an Illinois Corporation, hereinafter
called the Declarant;
WHEREAS Declarant is the owner of the real property
described on Exhibit A attached hereto; and
WHEREAS Declarant is desirous of subjecting said real
property to the conditions, covenants, restrictions and
easements hereinafter set forth which are individually and
collectively for the benefit of said property and each owner
thereof and shall run with the land, to be held, sold and
conveyed subject thereto.
NOW THEREFORE IT IS HEREBY DECLARED that the following
covenants and restrictions shall apply to and run with the land
for a period of twenty (20) years, and shall thereafter be
automatically renewed for successive ten (10) year periods
unless within thirty (30) days prior to the end of said twenty
(20) year period or within thirty (30) days prior to any
subsequent automatic extension thereof, there is filed with the
Recorder of Deeds of Cook County, Illinois, a declaration
amending this Declaration of Covenant and Restrictions or
abolishing the same, executed by the fee owners (excluding
Mortgagees) representing two-thirds (2/3) in number of the lots
in the subdivision to which these Covenants and Restrictions
apply and the Village of Mt. Prospect, Illinois.
1. No improvements shall be made in or upon the water
detention area easements as described in the Plat of
Subdivision except for landscape installation of trees, shrubs,
bushes and grass and the installation of underground utilities.
2. Each owner or purchaser shall be responsible for
maintaining the water detention area easements applicable to
his lot in such a manner as to insure the free and
uninterrupted flow of storm water through the drainage system
of the subdivision, and shall not destroy or modify grades or
slopes without having first received prior written approval of
the Village of Mt. Prospect, Illinois.
3. In the event any owner or purchaser fails to properly
maintain the water detention area easements, the Village of Mt.
Prospect, Illinois, shall, upon ten (10) days prior written
notice, reserve the right to perform or have performed on its
behalf, any maintenance work to or upon the water detention
area reasonably necessary to insure adequate storm water
storage and free flow of storm water through the water
detention area easement·
4. In the event the Village of Mt. Prospect, Illinois,
shall be required to perform or have performed on its behalf,
ny maintenance work to or upon the water ~e~ntion area
easement, the cost thereof together with all other expenses,
including, but not limited to, reasonable attorneys fees shall
be assessed against the owner or purchaser. If said amount is
not paid within thirty (30) days the cost shall, upon
recordation of a Notice of Lien constitute a lien against the
lot or lots upon which maintenance work has been performed
which may be foreclosed by an action brought by or on behalf of
the Village of Mt. Prospect, Illinois.
5. Each covenant and restriction set forth herein is for
the benefit of, and may be enforced by, each lot owner in the
Elmhurst Place Subdivision and the Village of Mt. Prospect,
Illinois, which covenants and conditions are intended and shall
run with the land and title to the lots in the Subdivision.
IN WITNESS WHEREOF the Declarant has executed this
instrument on the day and date first above written.
NAUERT BUILDERS, INC.
Gene N. Nah~t, President
ATTEST:
Michael Nauert, Secretary
STATE OF. ILLINOIS)
)SS
COUNTY OF COOK )
I, the undersigned, a Notary Public, in and for the County
and State aforesaid, do hereby certify, that Gene N. Nauert,
personally known to me to be the president of NAUERT BUILDERS,
INC. and Michael Nauert, personally known to me to be the
Secretary of said corporation, and personally known to me to be
the same persons whose names are subscribed to the foregoing
instrument, appeared before me this day in person and severally
acknowledged that as such President and Secretary they signed
and delivered the said instrument pursuant to authority by the
Board of Directors of said corporation, as their free and
voluntary act, and as the free and voluntary act and deed of
said corporation, for the purposes and uses therein set forth.
GIVEN under my hand and Notarial Seal this ~ day of
Notary Public
My Commission Expires:
~3My Commission Expires I I/l 3/961!
6
EXHIBIT A TO DECLARATION OF COVENANTS AND RESTRICTIONS
FOR ELMHURST PLACE SUBDIVISION
The legal description of the real property subject to this
Declaration is:
Lots 1 through 6, both inclusive, in ELMHURST PLACE,
being a re-subdivision of Lots 1, 2, 3 and 4 in Block
6 in Wedgewood Terrace, a subdivision of part of the
East half of the Southwest quarter of Section 27,
Township 42 North, Range 11, East of the Third
Principal Meridian, in Cook County, Illinois.
Permanent Index Numbers: 03-27-306-010 03-27-306-011
03-27-306-012
03-27-306-007
Commonly known as: 1000-10 Elmhurst Road
Mt. Prospect, Illinois
THIS DOCUMENT PREPARED BY: Edmund P. Boland
CAREY, FILTER, WHITE & BOLAND
33 West Jackson Blvd./5th Floor
Chicago, IL 60604
OEPT-O il $25. O0
T~4444 TR~N 26,7,~, 011o?/94
COOK COUNTY RECORDER
REST~JCTI~E COVENANT BY ~ BE~EEN ~
~GE OF MO~T PROSPEr, ~L~O~ ~
~ OW~R-DE~LOPER OF ~RT~ PROPER~ W~ S~
~GE ~G~G CO~ON OF ~Q~D P~LIC
~RO~S PERTA~G TO ~ DE~LOP~NT OF SA~ PROPER~
1~100~1~100~1010 No~ ~mhu~t Road
WI~RKAS, pursuant to the provisions of'Chapter 16 entitled "Development" of the V'dlage
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
WI~RKAS. the schedule for accomplishing the construction end installation of such public
improvements by the owner-developer of the property under development is often in conftic~ 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
WI~ 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 V'tllage. County or State
control have been accomplished; and
WI~.RKAS. 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 guaranteeing 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
WI~RKAS. Chapter 16 of the V'~lage Code of Mount Prospect. Hll,ois provides that in lieu
of a cash e~row, letter of credit or developme~ bend. the owner-developer may execute a restrictive
covenant to be recorded and to ~un with the land as a guarantee that the requffed public
improvements shah be completed with respect to the proper~ under development.
949 153
RETURN TO
90X 68
9 4 O
NOW, TI~REFORE, in accordance with the provisions of the said Chapter 16 of the
Village Code of Mourd Prospect, Illinois, the Undersigned, Owner-Developer does hereby covenant
with the Village of Mount Prospect, an Illinois municipal corporation, as follows:
1. The Undersisned is the Owner and Development of the following described property
within the Village of Mount Prospect, minois, to wit:
Elmhurst Place, being a Resubdivision of Lots 1, 2, 3, and 4 in Block 6 in Wedgewood
Terrace, a Subdivision of part of the east one lmlf (I/2) of the southwest quarter (1/4) of
Section 27, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook
County, Illinois.
2. A plan of development of the described property by the Undersigned has been
approved by the Village of Mount Prospect, which approval includes the completion of the following
public improvements contained in and provided as a part of the plans, to wit:
The installation of street fighting on Elmhurst Road only, according to State of Illinois and
V'~lage of Mount Prospect Code when requested to do so by the Village of Mount Prospect.
3. For a period of twenty (20) years commencing from the date hereof, the Undersigned
shall undertake the above-stated improvements with sixty (60) days after being so advised by the
V'~lge of Mount Prospect to con-anence such construction and installation work, and shall oontinue
said work without interruption or delay, until the improvements are completed in a satisfactory
manner and in accordance with Village plans and specifications pertaining thereto.
4. This Covenant to complete the said public improvements as herein contained shall run
with the said property; and for the period of time as set forth herein. Nothing in this Covenant shall
in any way prevent the alienation or sale of the subject property or any portion thereof, except that
said sale shall be subject to the provisions hereof and to the plan of development pertaining to the
property, and the new owner shall be both benefited and bound by the conditions and restrictions
herein expressed.
- 2
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 relie~ specific performance orto recover damages or other fines and penalties
as may be established in such violatiot~ In the event that the owns-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 WlClI~REOI~, the parties hereto have set their hands and seals this
day of De ¢ e,,' ,
OWNER-DEVELOPER
OWNER-DEVELOPER
VILLAGE OF MOUNT PROSPECT, ILL~
$25.00
ATTEST: ?""~-- ~T~,44_,44 TRAN j~:~3 01/07/94 l:t~ 14~00
COOK C~NTY RECORDER
~.I.AGE ~ ~
R~ E~te ~d~ Nos, 03-27-3~007; 03-27-306~10; 03-27-3~011; ~d 03-27-3~012
- 3 -
EASEMENT AND MAINTENANCE AGREEMENT
THIS AGREEMENT made as of this 30~ day of November,
1993 by and between KURT ASPEN and DARLENE ASPEN, his wife
("Grantors"), and NAUERT BUILDERS, INC., an Illinois
Corporation ("Grantee").
The following recitals of fact are a material part of this
instrument:
A. The Grantors are the owners of a tract of land
described as follows and hereafter referred to as "Parcel 1":
Lot 5 in Block 6 in Wedgewood Terrace, a subdivision of
Part of the East half of the Southwest quarter of Section
27, Township 42 North, Range 11, East of the Third
Principal Meridian in Cook County, Illinois.
Permanent Index No. 03-27-306-006
B. The Grantee is the owner of a tract of land described
as follows and hereafter referred to as "Parcel 2":
Lots 1 to 4 inclusive in Block 6 in Wedgewood Terrace,
being a subdivision of part of the East half of the
Southwest quarter of Section 27, Township 42 North, Range
11, East of the Third Principal Meridian, in Cook County,
Illinois.
Permanent Index Nos. 03-27-306-010 ~0375
03-27-306-011
03-27-306-012
03-27-306-007
Commonly known as: 1000-10 Elmhurst Road
Mt. Prospect, Illinois
C. The Grantors wish to grant and the Grantees wish to
receive an easement over, along and across that part of Parcel
1 described as follows and hereafter referred to as the
"Easement Parcel":
All that part of Lot 5 lying Northeasterly of and
adjoining a line drawn from a point on the Northwesterly
line of said Lot 5, said point being 60.0 feet
Southwesterly of most Northerly corner of said Lot 5, to a
point on Southeasterly line of said Lot 5, said point
being 54.64 feet Southwesterly of the most Easterly corner
of Lot 5 aforesaid, all being in Block 6 in Wedgewood
Terrace, a subdivision of part of the East half of the
Southwest quarter of Section 27, Township 42 North, Range
11 East of the Third Principal Meridian, in Cook County,
Illinois.
LE SE REIURN TO
q7-73
NOW, THEREFORE, in~i~!c6hsi~e~at~n~o~O~
~nd~Nu/100 Dollar
($1.00) and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the following
grants, agreements, covenants and restrictions are made:
1. The Grantors hereby grant to the Grantee, its
successors and assigns, as an easement appurtenant to Parcel 2,
an easement for serving Parcel 2 and other property with storm
water drainage, and detention, to install, operate and maintain
and remove from time to time, facilities and equipment used in
connection with the storm water drainage and detention system,
together with the right to cut, trim or remove any trees,
bushes and roots as may be reasonably required incident to the
rights given herein, and the right to enter upon Parcel 1 for
all such purposes.
2. Grantors covenant and agree that no objects or
obstructions shall be placed in, upon or over the easement
Parcel without the prior written consent of Grantee and the
Village of Mount Prospect, Illinois, nor shall the grade of the
easement parcel be altered in a manner so as to interfere with
the proper operation and maintenance of the storm water
drainage and detention system provided that Grantor may install
shrubs, bushes and grass for landscaping purposes.
3. Grantor agrees to be responsible for maintaining the
storm water detention area on Parcel 1 as shown on the
engineering plans dated November 10, 1993, and approved by the
Village of Mt. Prospect for the Elmhurst Place Subdivision in
such a manner as to insure the free and uninterrupted flow of
storm water through the drainage system of the Wedgewood
Terrace subdivision and shall not destroy or modify grades or
slopes without first having received written approval of the
Grantee and the Village of Mount Prospect, Illinois.
The provisions of this Agreement, including the benefits
and burdens, shall run with the land and shall be binding upon
and inure to the benefit of the heirs, successors, assigns and
personal representatives of the parties hereto for a period of
twenty (20) years from the date this document is recorded,
after which time such provision shall be automatically extended
for successive ten (10) year periods unless the fee owners
(excluding Mortgagees) representing two-thirds (2/3) in number
of the lot owners in the Elmhurst Place Subdivision to which
this instrument applies and the Village of Mt. Prospect shall
file in the office of the Recorder of Deeds of Cook County,
Illinois, a written statement, so signed and duly acknowledged
prior to the end of such initial period or renewal period
stating that such easements and restrictions shall be revoked
or amended as specified in said written statement, effective at
the end of such initial period or renewal period or on the date
specified in the written statement.
2
IN WITNESS WHEREOF, the parties hereto have executed this
instrument on the day and date first above written.
GRANTORS: GRANTEE:
NAUERT BUILDERS, INC.
Kurt Aspe~ ~ ~ { President
ATTEST:~
Secretary
TATE OF ILLINOIS)
)
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for said County
and State aforesaid, do hereby certify that Kurt Aspen and
Darlene Aspen, his Wife, personally known to me to be the same
persons whose names are subscribed to the the foregoing
instrument, appeared before me this day in person and
acknowledged that they signed, sealed and delivered the said
instrument as their free and voluntary act, for the uses and
purposes therein set forth.
GIVEN under my hand and Notarial Seal this 3o~ day of
Notary Public
My Commission Expires: ///t3/q~ ....-:~w~a,.v~e~t~.
~'~ OF,. iUIAL SEAL
~ Lorlda L. Nauert
STATE OF ILLINOIS) ~ Notary Public, StateofIlhnms
) SS ~iMy Commission Expires 11/13/96~
COUNTY OF COOK )
I, the undersigned, a Notary Public, in and for the
County and State aforesaid, do hereby certify, that GENE N.
NAUERT, personally known to me to be the President of NAUERT
BUILDERS, INC. and MICHAEL NAUERT, personally known to me to be
the Secretary of said corporation, and personally known to me
to be the same persons whose names are subscribed to the
foregoing instrument, appeared before me this day in person and
severally acknowledged that as such President and Secretary
they signed and delivered the said instrument pursuant to
authority by the Board of Directors of said corporation, as
their free and voluntary act, and as the free and voluntary act
and deed of said corporation, for the purposes and uses therein
set forth.
Notary Public
My Commission Expires: ///t,.~ /~ it OFt'ICIALSEAL
~,~ L0rida L. Nauen
~ Notary Public, State of Illinois
~My Commission Expires Il/13/96~
THIS DOCUMENT PREPARED BY: Edmund P. Boland~<~<<<<<<~<<~< ,
CAREY, FILTER, WHITE & B~
33 W. Jackson Boulevard/Sth Floor
Chicago, Illinois 60604