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HomeMy WebLinkAbout08/11/1959 VB minutes MINu'£,:S OF AN ADJOURNED REGULAR MEETING 'HELD BY THE PRESIDENT PRO TEN AND TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT IN THE M~NICZPAL BUILDING ON T~ESDAY, AOGUST 11, lg59 The meeting was called to order at 8:09 P.M. by President roll call pro tom Norris, and Clerk Reynolds called the roi1. None were absent, the following trustees present: Airey, Casterline, Ekren, Gaw, Norris and Schlaver. Inasmuch as this was an adjourned regular meeting, the minutes of the previous meeting were not discussed. Trustee Airey read Proposed Ordinance #689, and seconded by Trust6e Casterline, moved for its passage: Ord. #689 No residences may AN ORDINANCE AMENDING THE ZONING ORDINANCE be built in AND DELETING PARAGRAPH ALLOWING RESIDENCES business area OF ANY KIND TO BE ERECTED IN B~;SINESS ZONE This concurs with the recommendation of the Zoning Board of Appeals in Case 59-17. The President pro tem put the question, the Clerk called the roll, with the following response: Ayes, Trustees Airey, Casterline, Ekren, Gaw, Norris and Schlaver. Nays, none. Whereupon thePresident pro tem declared the motion carried. Trustee Casterline gave committee report on parking' on south side of Prospect Avenue between Main St. and Emerson St. The parking on committee recommended $0° angle parking to allow plenty of room, Prospect Ave. and counted space for 15 stalls on the easterly portion, between Main and the all ey, and 6 stalls on the remainder of the block. Trustee Casterline pointed out that this was the second step taken by the Board to increase parking space, the first being the extension cf space at Busse and Wille Streets. Trustee Casterline, seconded by Trustee Gaw, moved that diagonal parking be placed on the south side of Prospect Avenue between Main and Emerson Streets. The President pro rem put the question, the Clerk called the roll, with the following response: Ayes, Trustees Airey, Casterline, Ekren, Gaw, Norris and Schlaver. Nays, none. Whereupon the President pro tom declared the motion carriedJ Trustee Ekron mentioned that the Building Committee had Schnite received petition from Mr. and Mrs. Schnite to build a high fence fence around their yard to confine their very large dog. This was taken under consideration, and recommendation give to deny the request. Trustee Ekren then moved, seconded by Trustee Airey, that the appeal of Thomas T. Schnite and Beverly Jo Schnite of $0§ See Gwun for variation in the building code to allow construction of high fence be denied. This motion carried by acclamtion. The question of abrogation of the covenant on the Serafine covenan~ Shopping Center was brought up for discussion. This matter was Serafine thoroughly discussed, with Mr. Downing, village attorney, and Shopping Mr. Serafine present. Trustee Norris read the following two letters Center aloud: July 29, 1959 From: Sturman & Bloch. President and Village Board Village of Mt. Prospect, Ill. Gentlemen: IN RE: SHOPPING CENTER - - CENTRAL AND RAND RDS. At the last meeting cf the Village Board I represented to you that Baird & Warner had reported that they had obtained leases or f~m commitments for over eighty-five per cent of the space in the proposed s~hopping center, and exhibited a letter to that effect from Baird & WArner to the Board. August 11, 1959 erafine Shop. Center covenant - continued I also advised the Board that the covenant which had been contained in a deed providing in effect that the shopping center zoning could be abrogated and the property disconnected if building permits were not issued prior to November 1, 1981, had clouded the title to this land and as a result, financing otherwise available could not be obtained without the removal of this ~ovenant of record so as to enable us to present a clear Torrens Certificate and obtain a clear guarantee policy' for the lending institution. I further advised you, however, that the removal from the record of ~ch a covenant was not intended in ar~ wise to change or alter the understanding between the owners of the land and the Village, namely, that if building permits are not obtained in accordance with the covenant, that the provisions set forth in the covenant would be adhered to bythe owners. Mr. Dan Serafine, as the beneficiary of the trust and as c6ntract buyer from Alfred and Martha Busse, has directed me to advise you that if the building permits as described in the said covenant shall not be obtained as provided for in the covenant, that all of the terms of the covenant will remain in full force and effect, and he has indicated his consent and approval to this statement by approving this letter on its face. This letter is given in accordance with our oral request that the Village consent to the abrogation of the covenant and the removal thereof of any memorials shown on the Torrens Certificates, and this is done so as to clear the title in order to facilitate the obtaining of a loan so the construction on the shopping center may proceed. It is expected that ground will be broken for the shopping center during the Fall of this year. Sincerely yours, S/ Allan R. Bloch At the bottom of the foregoing letter was written, "O.K.~and approved, Dan Serafine". Then a P.S. was added as follows: "In consideration for removal of the aforesaid covenant, the under- s~gned agrees as owner of beneficial interest not to sell, transfer or otherwise dispose of said property, except to that person or corporation which will execute the mortage to be obtained for purposes of con- structing a shopping center thereen, Ail in accordance with agreements in the covenant pertaining to Case 58-16." At the bottom of the foregoing P.S. was written, "O.K. and approved, Dan Serafine." The second letter was from Baird & Warner: Baird & Warner re covenant August 5, 1959 Village Board of Trustees Mount Prospect, Illinois Gentl omen: Adequate financing of the proposed shopping center on Rand Road and Central Road, Mount Prospect, Illinois, is not available as long as the covenants permitting rezoning and disconnection of the shopping center property is of record. Yours very truly, BAIRD & WARNER, INC. S/ John W. Baird Executive Vice President August 11, 1959 Agreement was finally reached between the Serafine interests and the Village, and Trustee Airey, seconded by Trustee Schlaver, then moved for the passage of Proposed Ordinance #690: AN ORDINANCE CONSENTING TO THE ABROGATION OF CERTAIN COVENANTS AFFECTING LANDS DESCRIBED THEREIN The President pro rem put the question, the Clerk called the roll, with the following response: Ayes, Trustees Airey, Casterline, Ekre~, Gaw, Norris and Schlaver. Nays, none. Whereupon the President pro tem declared the motion carried. Trustee Schlaver explained that when the new fire equipment arrives, more room will be needed, and made the following motion, seconded by Trustee Ekren: That the Village Manager be authorized to secure plans and estimates for the necessary remodelling and extension of the rear door of the fire house. The President pro tem put the question, the Clerk called the roll, with the following response: Ayes, Trustees Airey, Casterlilne, Ekren, Gaw, Norris and Schlaver. Na~s, none. Whereupon the President pro tern declared the motion carried. Trustee Airey, seconded by Trustee Casterline, moved for adjournment, and the meeting was regularly adjourned at 9:10 P.M. Respectfully submitted, E. Robert Re, olds, Clerk Augast 11, 1959