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HomeMy WebLinkAboutORDINANCE - 1948 - 2/23/1988 - HAMILTON LAKES VILLAGE PHASE IORDINANCE NO. 1948 AN ORDINANCE AMENDING ORDINANCE 1852 AS PREVIOUSLY AMENDED BY ORDINANCE 1874 AND 1898 THEREBY APPROVING AN AMENDED PRELIMINARY PLAT AND A FINAL PLAT FOR PHASE I OF HAMILTON LAKES VILLAGE WHEREAS, the Village of Elk Grove Village pursuant to Ordi- nance 1852 and as amended by Ordinances 1874 and 1898 approved a Preliminary Plat and a Final Plat for Phase I of Hamilton Lakes Village; and WHEREAS, the developer has requested changes to the Prelimi- nary Plat and the Final Plat for Phase I; and WHEREAS, the Plan Commission of the Village of Elk Grove Village acting as a Zoning Commission at a public meeting duly called and held according to law considered the requested change of Hamilton Lakes Village, Ltd. and LaSalle National Bank as Trustee under Trust #110733; and WHEREAS, the President and Board of Trustees of the Village of Elk Grove Village after having reviewed the findings and recommendation of said Plan Commission find and believe it to be in the best interest of the Village that the Preliminary Plat and the Final Plat for Phase I of Hamilton Lakes Village be amended. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That Ordinance #1852 of the Village of Elk Grove Village as previously amended by Ordinance #1874 and Ordi- nance #1898 be further amended by approving the amended Prelimi- nary Plat and the amended Final Plat for Phase I, three (3) copies of which are on file in the office of the Village Clerk. Section 2: That the amended Preliminary Plat and Final Plat for Phase I shall include the following changes: a. The number of buildings to be reduced from 41 to 37. b. The number of units to remain unchanged at 684, but the number of bedrooms to be reduced from 1,006 to 1,000. C. The average net area per unit to increase from 838 square feet to 858 square feet. d. The amount of open space outside of the 10 foot envelope has decreased from 27.75 acres to 27.06 acres. The 50% open space requirement is still met. e. The mix of units to be revised. The five -story midrise and the 10 unit townhouse buildings to be eliminated. The number of 6 unit gatehouse buildings to be reduced. 12 unit townhouse buildings to be added and the number of 24 unit courtyard buildings to be increased. The parking deck to be eliminated and the number of garage spaces to be increased, resulting in a net in- crease in covered parking spaces. f. A wetland mitigation plan is being negotiated with the Army Corp of Engineers with regard to the Southwest retention pond and the West re- tention pond. Section 3: That with respect to the wetland mitigation plan set forth in Section 2 the Village of Elk Grove Village hereby approves the Declaration of Covenants, a copy of which is attached hereto and by this reference incorporated herein. Section 4: That the Village Clerk is hereby authorized to file the original of the Declaration of Covenants with the -2- Recorder of Deeds of Cook County so that said Covenants shall run with the land and be binding upon and inure to the benefit of the successors and assigns of the Declarant. Section 5: That this Ordinance shall be in full force and effect from and after its passage and approval according to law. VOTES: AYES: 6 NAYS: 0 ABSENT: 0 APPROVED: Charles J. Zettek VILLAGE PRESIDENT ATTEST: Patricia S. Smith VILLAGE CLERK PASSED this 23rd day of February , 1988. APPROVED this 23rd day of February , 1988. -3- DECLARATION OF COVENANTS This Declaration of Covenants is made as of the 19th day of February, 1988, by LaSALLE NATIONAL BANK, not personally but as trustee under Trust Agreement dated January 8, 1986, and known as Trust No. 110733 (the "Declarant"). W I T N E S S E T H: WHEREAS the Declarant is the Owner of Record of certain real estate, the legal description of which is set forth on Exhibit A, attached hereto, made a part hereof and incorporated herein by reference (which real estate consists of approximately 77.9 acres and is hereinafter referred to as the "Subject Property"); and WHEREAS, the Subject Property includes certain wetlands that are to become subject to a conservation easement granted by Declarant to the U.S. Army Corps of Engineers (the "Conservation Easement") and to a U.S. Army Corps of Engineers permit (the "Permit") pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344); and WHEREAS, the Village of Elk Grove Village (the "Village") is concerned with the maintenance of the wetlands that are either conserved or created pursuant to the Permit; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Declarant hereby declares that the Subject Property shall be held and conveyed subject to the following covenants, which covenants shall run with the land and be binding upon and inure to the benefit of the successors and assigns of Declarant. 1. Declarant hereby grants to the Village the right to enforce the obligations of Declarant pursuant to the Conservation Easement granted to the U.S. Army Corps of Engineers as amended from time to time, or pursuant to the Permit granted by the U.S. Army Corps of Engineers, as amended from time to time. 2. If the Village believes that Declarant or its successors or assigns is failing to perform any of its obligations under the Conservation Easement or Permit, the Village shall so notify Declarant, or its successors or assigns in writing. If the Declarant or its successors or assigns fails to commence necessary work to fulfill its obligations within such 30 day time period and continues to diligently carry out such work, the Village shall be entitled to a decree for specific performance against Declarant or its successor or assigns of its obligations hereunder. 3. In the event there is a disagreement as to the obligations of Declarant hereunder, the determination of the U.S. Army Corps of Engineers shall be final and binding on Declarant and the Village. 4. In the event a property owner's association is established for the maintenance of the common areas of the Subject Property including that portion of the Subject Property governed by the Permit, such property owners' association shall be deemed to be the successor to the Declarant for purposes of this Declaration. 5. This Declaration is executed by LaSalle National Bank, as Trustee as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such trustee. It is expressly understood and agreed by every person, firm or corporation hereafter claiming any interest under this Declaration that LaSalle National Bank, as Trustee as aforesaid, and not personally, has joined in the execu- tion of this Declaration for the sole purpose of subjecting the title holding interest and the trust assets under said trust 110733 to the terms of this Declaration, that any and all obligations, duties, covenants, and agreements of every nature herein set forth by LaSalle National Bank, as Trustee as aforesaid, are not to be kept or performed by LaSalle National Bank, personally. IN WITNESS as aforesaid, has presents as of the ATTEST: By:_ Its: WHEREOF, LaSalle National Bank, as Trustee caused its name to be signed to these date first above written. LaSALLE NATIONAL BANK, not personally but as Trustee as aforesaid By: Its: -2- STATE OF ILLINOIS ) SS COUNTY OF COOK ) I, , a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that , of LaSalle National Bank, known to me to be acting not personally, but as Trustee under Trust Agreement No. 110733 and , Secretary of said Bank, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such and Secretary, respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary and as the free and voluntary act of said Bank, as Trustee, for the uses and purposes therein set forth; and the said Secretary then and there acknowledged that _he, as custodian of the corporate seal of said Bank, did affix the corporate seal of said Bank to said instrument as h own free and voluntary act of said Bank, as Trustee, as aforesaid, for the uses and purposes therein set forth. Notary Public My Commission Expires Date: EXHIBIT A LOTS 1-9 IN HAMILTON LAKES VILLAGE, BEING A SUBDIVISION OF PART OF THE SOUTH HALF OF SECTION 31 AND THE SOUTHWEST QUARTER OF SECTION 32, ALL IN TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE VILLAGE OF ELK GROVE VILLAGE, COOK COUNTY, ILLINOIS.