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HomeMy WebLinkAboutOrd 3838 09/15/1987ORDINANCE NO. 3838 AN ORDINANCE MODIFYING SECTIONS OF CHAPTER 16 ENTITLED " DEVELOPMENT CODE" OF THE CODE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 15th DAY OF September , 1987. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 16th day of September, 1987. ORDINANCE NO. 3838 AN ORDINANCE MODIFYING SECTIONS OF CHAPTER 16 ENTITLED "DEVELOPMENT CODE" OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, Mr. Iaccino has requested a modification of the Development Code pertaining to requirements for street paving, curb and gutter, sidewalk, parkway trees, and street lights; and WHEREAS, the Plan Commission of the Village of Mount Prospect, Cook County, Illinois, has reviewed the proposed modifications to Chapter 16, Development Code, of the Village Code of Mount Prospect for property commonly known as 635 Meier Road and is legally described as follows: See attached Exhibit "A"; and WHEREAS, the Plan Commission has forwarded its recommendations relative to modifications to Chapter 16, Development Code, to the President and Board of Trustees, which recommendations have been considered at a regular meeting of the President and Board of Trustees; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined the best interests of the Village of Mount Prospect will be attained by the adoption of the recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That modifications from Chapter 16 entitled "Development Code" of the Village Code of Mount Prospect are hereby granted, for the property being the subject of this Ordinance, as to Section 16.403.A, 16.403.A.8, 16.403.A.9, 16.407, and 16.408.A.I is hereby modified to permit the execution of a restrictive covenant requiring installation of improvements upon the request of Village staff in lieu of immediate construction for the public improvements required by the Development Code as follows: 16.403.A, which requires the widening and paving of Meier Road to the Village standards; 16.403.A.8, which requires curb and gutter to be installed along the edge of the expanded road pavement; 16.403.A.9, which requires a five foot (5') wide public sidewalk to be installed along the frontage of the Subject Property; 16.407, which requires street lights to be installed along the frontage of the Subject Property; and 16o408,A.1, which requires parkway trees to be installed along the frontage of the Subject Property. SECTION TWO: Except for the changes stated herein all other codes of the Village of Mount Prospect shall apply to the Subject Property in their entirety. age 2 635 Meier Road SECTION THREE: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. AYES:Arthur, Farley, NAYS: N~e ABSENT: Wattenberg PASSED and APPROVED this Floros, Murauskis, Van Geem 15th day of September ,1987. ATTEST: Village ~Pre$ident Village Clerk RESTRICTIVE COVENANT BY AND BETWEEN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS AND THE OWNER-DEVELOPER OF CERTAIN PROPERTY WITHIN SAID VILLAGE REGARDING COMPLETION OF REQUIRED PUBLIC IMPROVEMENTS PERTAINING TO THE DEVELOPMENT OF SAID PROPERTY WHEREAS, pursuant to the provisions of Chapter 16 entitled "Development" of the Village Code of Mount Prospect, Illinois certain public improvements are required to be constructed and installed by owners and developers of property within the Village, as part of the approval for the development of such property; and WHEREAS, the schedule for accomplishing the construction and installation of such public improvements by the owner-developer of the property under development is often in conflict with other public improvement projects adjacent to or within the vicinity of said property so as to render the accomplishment of such public improvements.by the owner-developer to be practically or economi- cally unfeasible until the same can be combined with or scheduled so as to conform with such other public improvements affecting the subject property under development; and WHEREAS, such other public improvement projects are admini- stered by the Village, County or State, officials over which the owner-developer has no control, and in some instances those improvements to be accomplished by the owner-developer with respect to the property under development cannot be completed until the other improvements under Village, County or State control have been accomplished; and WHEREAS, under such circumstances, it is deemed to be inequitable to delay development of the property under develop- ment 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 accomplish- ment of other public improvements projects under administration and control of the Village, County or State; and WHEREAS, Chapter 16 of the Village Code of Mount Prospect, Illinois provides that in lieu of a cash escrow, letter of credit or development bond, the owner-developer may execute a restric- tive covenant to be recorded and to run with the land as a guarantee that the required public improvements shall be com- pleted with respect to the property under development. NOW, THEREFORE, in accordance with the provisions of the said Chapter 16 of the Village Code of Mount Prospect, Illinois, the Undersigned, Owner-Developer does h~reby covenant with the Village of Mount Prospect, an Illinois municipal corporation, as follows: 1. The Undersigned is the Owner and Developer of the following described property within the Village of Mount Prospect, Illinois, to wit: The North 148.10 feet of the West 1/2 of the South 5 Acres of Lot 1 in Meier Brothers Subdivision, being a subdivision of Sections 10 and 15, Township 41 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: A. A sidewalk would be installed at the front of the property, a length of the entire fr.ont yard and shall align with other sidewalk(s) on adjacent property, where such side- walk(s) exist. B. Street light(s) shall be installed as directed by the Village of Mount Prospect on said property on Meier Road, and spaced at a distance not to exceed three hundred (300) feet from one another. C. Parkway trees shall be planted in the parkway at a distance of no more than forty (40) feet apart. Said trees shall be approved and planted by the Village of Mount Prospect according to Village Code. The cost of the trees and planting shall be paid by the Owner at the going rate of the Village of Mount Prospect prior to the time of the planting. D. Curb and gutter shall be installed per Village Code for the entire length of the front yard of the parcel. 3. For a period of twenty (20) years commencing from the date hereof, the Undersigned s~all undertake the above-stated improvements within sixty (60)days after being so advised by the Village of Mount Prospect to commence such yonstruction and installation work, and shall continue 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. - 2 - 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. 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 ~r in equity against the person or persons seeking to violate the same including an action for injunctive relief, specific performance or to recover damages or other fines and penalties as may be established in such violation. In the event that the owner-developer of the subject property fails to complete the required improvements or pay a proportionate share of the ~equi3ed 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 days after notification to proceed with the improvements. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 30thday of April , 1987. VILLAGE OF MOUNT PROSPECT, ILLINOIS ATTEST: Village Clerk M