HomeMy WebLinkAboutRESOLUTION - 47-73 - 5/8/1973 - DISMISSAL OF MANDAMUS SUITRESOLUTION NO,
1�
A RESOLUTION AUTHORIZING A STIPULATION
TO DISMISS IN A PROCEEDING ENTITLED
GEORGE M. LONG, PETITIONER, VS. THOMAS
F. RETTENBACHER, BUILDING COMMISSIONER,
NO. 72 L 17620
WHEREAS, GEORGE M. LONG, PETTTIONER, has filed a Complaint in
Mandamas against THOMLAS F. RETTENBACHER, BUILDING COMMISSIONER OF
ELF: GROVE VILLAGE in the Circait Court of Cook County, Illinois;
and
WHEREAS; it is to the best interests of the Village that said
matter be disposed of in accordance with a stipulation to dismiss,
a copy of which is attached;
NOW, THEREFORE, BE IT RESOLVED, 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 the Stipulation to Dismiss in the above
entitled matter signed by George M. Long, Petitioner, and Thomas
F. Rettenbacher, Building Commissioner, be and is hereby approved,
and that all officials, committees, agencies and commissions of
the Village Government are hereby directed to take and approve
such actions as are necessary to execute the agreements referred
to in the Stipulation to Dism:_ss.
Section 2: This reso_ution is to be in full force and
effect from and after its passage and approval, according to law.
PASSED this
8th day
of
May
, 1973.
APPROVED this
8th day
of
May
19'73.
Vote:
Ayes
S
Nays
I
Absent
0
r
ATTEST:
,:
�'i ' �=
Village
President
Village Clerk
STATE OF ILLINOIS
COUNTY OF COOK ss.
IN THE CIRCUIT COURT.' OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
GEORGE M. LONG,
Petitioner,
No. 72 L 17620
THOMAS F. RETTENBACHER.
the Building Commissioner of
Elk Grove Village,
Respondent:
STIPULATION TO DISMISS
WHEREAS, there is presently pending in the above entitled
matter a Petition for writ of Mandamas, filed by George M. Long,
Petitioner, and an Answer thereto by Thomas F. Rettenbacher,
Building Commimioner, of Elk Grove Village; and
WHEREAS, the parties to this proceedincbel_ieve it to be in
the best interests of all concerned that the difficulties existing
between the parties be amicably settled and this proceeding di_s-
missed;
NOW, THEREFORE, the parties hereto agree as follows:
1. The Petitioner, GEORGE M, LONG, will cause the real
estate legally described in Exhibit 1, a plat of subdivision,
attached hereto, to be subdivided into two lots in accordance
with said plat of subdivision.. The respondent, THOMAS F. RETTENBACHER,
and the Village of Elk Grove Village will cause said plat of sub-
division to be approved.
2. The Petitioner will cause to be constructed on the
southern portion of the promises described in Exhibit 1, within
fifteen months from date, a commercial building, hereinafter
referred to as the "Proposed Building," as set forth in Sheet 1
of Exhibit 2, entitled, "A Site Plan", dated April 26, 1973,
prepared by David Webster, Architect, a copy of which exhibit is
attached; that said structure will not exceed one story in height,
contain more than 12,OOC sq, ft. in area, and be placed upon the
site in the manner shown in the Site Plan; that all areas shown
for parking thereon shall be maintained as such and be paved with
asphalt before being used; that no building other than as indicated
on the site plan shall he located on the above described real
estate, except for the existing medical center and the "proposed
building;:' that the Petitioner shall provide on Lot 1 of the plat
of subdivision 73 parking stalls, each of which shall be 10 ft. x
20 £t., and laid out as provided on the site plan; that the
Petitioner will provide 78 parking stalls for Lot 2, each 10 ft.
x 20 ft., and laid out as proviided on the site plan.
That the owner agrees to designate the areas shown on Exhibits
1 and 2, attached, as fire lanes, agreeing thereby that said areas
be kept free of parked vehicles, structures and impediments to
traffic, and to place thereon signs and directional information
as requested by village authorities and does hereby consent to
traffic control of said areas by the Village of Elk Grove Village.
Petitioner agrees that all loading and unloading of vehicles
shall occur to the south and east of the "proposed building," and
that no vehicle shallload or unload on the site if its gross
weight exceeds 25 tons, or if its total length exceeds 35 ft.
It is agreed that this provision shall not be enforced for a
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period of thirty (30) days after initial occupancy. It is under-
stood that there will be multiple occupancy as various tenants
move into portions of the building. Initial occupancy of any
unit shall be defined as the (late on which the unit's water supply
is first turned on by the Village. The foregoing is to facilitate
the initial move in by the parties. After the period aforementioned
shall have run, the foregoing provisions of this agreement shall
be strictly enforced.
3. That all garbage and waste materials deriving from the
proposed building shall be stored within said building, or within
the area designated on Exhibit; 2, attached; that said area shall
be screened in the manner shown on said Exhibit 2.
4. That the Petitioner and owner shall provide screening
along the west and south property lines as shown in E_;hibi_t 2,
attached, which screenings shall be provided for and installed at
the time of occupancy of the "proposed building." The premises
shall be developed in accordance with the site plan and the agree-
ments expressed herein, and in accordance with all provisions of
the laws in force in the village of Elk Grove Village as of date;
provided, however, that no such law shat: be interpreted so as to
prevent the construction of the "proposed build -_:-.g" in accordance
with the site plan marked, "Exhibit 2."
5. George M. Long, Petitioner, agrees that at the request of
the Village of Elk Grove Village, he will grant to them for the sum
of One Dollar ($1.00) an additional four foot easement paralleling
and being north of the existing easement as shown and proposed on
Exhibit 1, attached. This easement is being given, if necessary,
to facilitate a public improvement plan of the easement in accordance
with safety standards deemed necessary by the Village.
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6. The parties agree that the public improvement plan sub-
mitted by Carl Davies for the Boardwalk Development for the joint
easement area shared by the Petitioner and the Boardwalk Develop-
ment are at variance, and should be integrated, and that adequate
provision for the safety of the pedestrians and vehicles using
areas approximate to the south line of the parking area lying south
of the building shown on Exhibit 2 must be additionally provided with
safety features. Petitioner agrees to pay to the village a sum not
to exceed $2,500 toward any additional costs made necessary by the
modification of the Boardwalk Development plan of the easement area
previously submitted which, in the opinion of the Villa ge, promotes
the safety of pedestrians and vehicles using the area. Said sum
shall be payable to the Village fifteen (15) days after delivery
by the Village to George M. Lcng of a plan approved by the Village.
7. The parties agree that the above entitled cause be dis-
missed without cost to either party.
a. This agreement shall be subject to modification upon the
approval of all parties.
IN WITNESS WHEREOF, the parties hereto have hereunto placed
their hands and seals hereon.
G�'.orge(;A.LOng, Py;titioner
Thomas Rettenbacher, Building Commissioner
APPROVED:
V ILLAGh - ( F E ROVEQ/1g i
Attest: L
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