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HomeMy WebLinkAboutOrd 3434 07/03/1984 RDINANCE NO. 3434 AN ORDINANCE AUTHORIZING A CANOPY OF A BUILDING AT 2 EAST NORTHWEST HIGHWAY TO ~]. ENCROACH OVER A SIDEWALK PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 3rd DAY OF July , 1984 Published in pamphlet form by authority of the corporate authorities of the village of Mount Prospect, Illinois, the 13th day of July, 1984 N ORDINANCE AUTHORIZING A CANOPY OF A BUILDING AT 2 EAST NORTHWEST HIGHWAY TO ENROACH OVER A SIDEWALK WHEREAS, Section 9.108 of Chapter 9, Article I of the unicipal Code of the Village of Mount Prospect provides that y ordinance exceptions to the prohibition on encroachments ontained in said Section may be allowed; and WHEREAS, Gertrude Mo Francek (hereinafter referred to s "Owner"), the owner of a parcel of property commonly known $ 2 EASt Northwest Highway in the Village of Mount Prospect hereinafter referred to as the "Subject Property") has asked he PresideNt and Board of Trustees of the Village of Mount rospect to allow a fixed canopy ~o'be constructed on the remises of the Subject Property, which fixed canopy will ~croach ppon the sidewalks and side walkway by approximately inches; and WHEREAS, the President and Board ~f Trustees of the Village Mount Prospect have considered said request by Gertrude M. rancek and have determined that it is appropriate to grant aid request provided that the owner of the Subject Property xecutes the Indemnification and Hold Harmless Agreement ttached hereto as Exhibit A and incorporated herein by this eference. NOW, THEP~EFORE, BE IT ORDAINED by the President and Board Trustees of. the Village of Mount Prospect, Cook County, llinois, as follows: SECTION ONE: The foregoing recitals are incorporated ~rein as though fully set forth. SECTION TWO: Subject to the conditions set forth ~ SECTION THPdEE hereafter, Owner of the premises of the lbject Property be, and is hereby, authorized to construct ~d maintain a fixed canopy on the premises of the Subject ~operty in the location shown on the pIan therefor attached ~reto as Exhibit B and incorporated herein by this reference, ~ich fixed canopy shall be permitted to overhang by no more- ~an 20 inches the public sidewalk and side walkway located in Font and side of the premises of the Subject Property. SECTION THREE: The authorization to encroach upon the sidewalk and side walkway granted to the Owner of the ye premises of the Subject Property in SECTION TWO hereinabove conditioned upon Owner's execution of the Indemnification reement in substantially the same form as Exhibit A hereto, lich agreement shall be recorded with the Cook County ~corder of Deeds or Registrar of Titles, whichever is )plic~ble, and shall be binding upon the Owner and the ~ner's heirs, successor assigns and personal representatives d successor legal and beneficial owners of'the Subject operty. SECTION FOUR: This Ordinance shall be in full force d effect from and after its.passage and approval in the nner provided by law and recordation by the Owner of the emises of the Subject Property of a fully executed demnification Agreement, Exhibit A hereto. P .SSED THIS _ 3rd~ DAY OF A ES.- FARELY, FLOROS, VAN GEEM, N.YS: NONE A SENT:ARTHUR, MURAUSKIS A PROVED THIS 3rd DAY OF A V: LLAGE CLERK WATTENBERG Ju 1. y , 1984 NDEMNIFICATION AGREEMENT Th~ Undersigned, ~oun. t prospect Skate Bank , for and in consideration of th~ authorization given to the Undersigned by ordinance Noo 3Y33 , passed and'approved by the President and Board of Trustees of the Village of Mount Prospect on 3~/V 3 , 1984, to construct and maintain a fixed canopy~as an encroachment over the public alley and sidewalk in front and side of the premises of a parcel of real estate owned by the Undersigned, which parcel of real estate is commonly known as 15 W. Busse in the village of Mount Prospect, Cook County, Illinois, and which is legally described on Exhibit 1 attached hereto and incorporated herein by this reference (hereinafter referred to as the "Subject Property"), hereby agrees to defend, protect, indemnify and save and hold harmless the Village of Mount Prospect and each and every one of its officers, agents, employees, servants, attorneys, successors and assigns (hereinafter referred to collectively as the "Village") if any person, firm or corporation shall assert or attempt to assert any claim, demand, cause or causes of action or actions against the Village for any expenses, injuries, damages or losses of any kind or character whatsoever arising out of the encroachment of a fixed canopy over the public sidewalk in front of the Subject Property. The Undersigned agrees that this Indemnification Agreement shall be binding upon any and all heirs, successors, assigns, and personal representatives of the Undersigned and any and all successor legal and beneficial owners of the Subject Property. WHEREFORE, the Undersigned, Mount Prospgct State Banjo has set Undersigned's hand and seal th-~ _----7/~ day of __~~.~ 1984. ~ ~, ~.~ ~,~u~T ~Ru~,J STATE BANK , -- I~UST OFFICER ~ C~/~/~ /~ /~ , ~ Notary Public ~n and for ~the Co%nty ~f Cook, State~lli'nols, states that/~ ~.~ 7-r~ OT~D~'/~~&~~ac~ , personally known to me to be the sam-~-~-s-~ ~ ~~ subscri~ bed /'l/~ name to the foregoing Agreement, subscribed ~ name as ~'~ free and voluntary action this //~ ay of ~~-~ , 1984. ·his In~ument is ~ne8 by MOUNT PROSPECT STATE certain Trust Agzeemen~ kno'~n ~s Trust EXHIBIT A FFIDAVIT I, Mount Prospect State Bank / , after first being duly sworn, on oath state that I am the owner of record and the sole owner of a parcel of real estate commonly known as 15 W. Busse in the Village of Mount Prospect, Cook County, Illinois, and legally described as follows: ~/10UNT PROSPECT STATE BANK .-.... TRUS..TEE &'/7'" no ~T OFFI~ .,%h.e Cou~cy o_fJ}Cook, State of Illinois, states that~ ~ ~v~ ~ ~ r~ - ~ { ~ ~ ........... ~a"~ ~ , ~ersonally known to me to be the same person -Who subscribe~ ~ -- n~e. to the foregoing Affidavit, , subscribed, ~name as ~/~ free and voluntary act ~¢~ on this //~- day of ,~~ , 1984. ~ No~ry Publi~ EXHIBIT 1 ANTON J. ADAPTS Lot 2 and that part of Lot 1 lyt~ West of a line d~awn from the Northwest corner of ~atd Lot to a point ~n ~e s~th l~ne of aa~d Lot 1 that la ~ ~ ~nches ~st of the Sou%hwest co.er of said Lot, al1 in Jo~ ~e~'s ~u~tvtston o~ part of Block 16 of ):ount Pro=rect tn the West 1/2 o~ ~ectlon 12, To.ship ~1 I~orth~ Range 11~ ~st of ~ Third Pr/nctpa[ Heridien, .tn Cook County e Illinots.