HomeMy WebLinkAboutORDINANCES-2006-085-O-06• 9/14/2006
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85-0-06
AN ORDINANCE
Approving an Amendment to the Zoning Map to Rezone the
Area between Orrington Avenue, Colfax Street,
Sherman Avenue, and Lincoln Street from U1 University Housing
• District to R1 Single -Family Residential District and
Granting a Special Use for a Residential Planned Development
on the Rezoned Property
("Smithfield")
WHEREAS, Smithfield Properties XXXII, LLC ("Applicant") owns
the property bounded by Orrington Avenue, Colfax Street, Sherman Avenue, and
Lincoln Street located in the City of Evanston (the "City") and commonly known
as 2408 Orrington Avenue (the "Subject Property"), which is legally described in
Exhibit A, attached hereto and made a part hereof; and,
WHEREAS, Kendall College ("Kendall') formerly owned and
occupied the Subject Property; and,
L�
WHEREAS, pursuant to Section 6-3-4 of the Evanston Zoning
Ordinance (the "Ordinance"), Applicant submitted an application to the City on •
September 13, 2004 seeking: (i) a zoning map amendment to rezone the Subject
Property from U1 University Housing District to R4 General Residential District
(the "Original Map Amendment"); (ii) a Zoning Text Amendment pursuant to
Section 6-7-2 to amend Section 6-4-1-6(B) to allow more than one principal use
to be established on a zoning lot within the R1, R2, R3, and R4 Residential
Districts (the "Text Amendment"); and, (iii) a Special Use for Planned
Development pursuant to Section 6-3-5, Section 6-3-6, and Section 6-8-1-10 for
a planned development in a Residential District to allow nineteen (19) single-
family detached dwellings and forty-four (44) single-family attached dwellings on
the Subject Property, with certain other relief requested to effect the plans as
submitted (
the "Application"); and •
WHEREAS, on November 9, 2004 Applicant amended its
application ("First Amended Application") by: (i) decreasing the number of single-
family detached dwellings from nineteen (19) to sixteen (16), one of which
included an existing single-family dwelling located on the Subject Property;
(ii) decreasing the number of single-family attached dwellings from forty-four (44)
to thirty-six (36) located in three (3) principal buildings; and, (iii) providing one
hundred four (104) enclosed parking spaces and nine (9) open parking
spaces; and
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•
WHEREAS, the Evanston Plan Commission (the "Plan
• Commission") conducted public hearings on the First Amended Application, Case
No. ZPC 05-01-PD-M&T, on February 23, 2005, cancelled the public hearing
scheduled for March 26, 2005, and held a public hearing on April 13, 2005, all
pursuant to proper notice, heard testimony and received other evidence, made a
verbatim transcript, written findings, and recommended at its April 13, 2005
meeting that City Council deny the First Amended Application; and
WHEREAS, prior to the close of the Plan Commission hearing on
April 13, 2005, a written protest ("the First Written Protest") against the proposed
Original Map Amendment was filed on February 23, 2005 with the City Clerk
pursuant to Section 6-3-4-7; and
• WHEREAS, the Community Development Department determined
that the First Written Protest met the requirements of Section 6-3-4-7 thereby
•
requiring favorable vote on the Original Map Amendment of three -fourths (3/4) of
the Aldermen elected to the City Council, or seven (7) votes, instead of the six (6)
votes otherwise required by Section 6-3-4-7; and
WHEREAS, Applicant made a request at the May 9, 2005
Evanston City Council Planning and Development Committee (the "Planning and
Development Committee") meeting to defer the First Amended Application
scheduled for consideration on May 23, 2005 to allow Applicant to modify such
application; and
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WHEREAS, the Planning and Development Committee granted
Applicant's request and deferred consideration of the First Amended Application •
at its May 23, 2005 and June 13, 2005 meetings; and
WHEREAS, at its July 11, 2005 meeting, the Planning and
Development Committee, after considering the record and recommendation of
the Plan Commission on the First Amended Application, conducting a public
hearing and making a verbatim record, and hearing Applicant's proposed
revisions to the First Amended Application, granted Applicant's request to defer
consideration of the First Amended Application, and remanded the case to the
Plan Commission for further public hearings; and
WHEREAS, on September 9, 2005, Applicant amended the First
Amended Application (the "Second Amended Application") by: (i) proposing to •
demolish all existing structures and improvements (the "Existing Improvements")
located on the Subject Property; (ii) reducing the number of single-family
attached dwellings from thirty-six (36) to ten (10); and, (iii) dividing the Subject
Property into two zoning lots: an R1 _ Single -Family Residential District (the
"R1 Lot") and an R4 General Residential District (the "R4 Lot") (collectively, the
"Second Map Amendment"); and,
WHEREAS, on January 11, 2006, Applicant amended the Second
Amended Application (the "Third Amended Application") by: (i) retaining the
sixteen (16) single-family detached dwellings; (ii) increasing the lot size to be
zoned R1 Single -Family Residential District from 118,736 square feet to 124,405
•
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square feet; (iii) decreasing the R4 Lot size from 34,669 square feet to 28,000
•
square feet; (iv) changing the zoning classification of the R4 Lot to an R3 Two -
Family Residential District instead of R4 General Residential District (the R1 and
R3 designation hereinafter referred to as the "Third Map Amendment"); (v)
decreasing from ten (10) to eight (8) two-family dwellings located in four (4)
duplex buildings; (vi) modifying lot sizes and widths to allow for duplex units
without frontage on a street; side yards and rear yards; mean building height;
and, the number of buildings on a zoning lot; and
WHEREAS, a written protest (the "Second Written Protest") was
filed on February 6, 2006 against the R4 General Residential District and R3
Two -Family Residential District classifications, respectively, with the City Clerk
• pursuant to Section 6-3-4-7; and " ` - "
WHEREAS, the Community Development Department made no
•
determination as to whether the Second Written Protest met the requirements of
Section 6-3-4-7; and
WHEREAS, prior to the close of the May 31, 2006 Plan
Commission hearing, a written protest (the "Third Written Protest") containing
notarized signatures of the petitioners against the Third Map Amendment was
filed on February 6, 2006 with the City Clerk pursuant to Section 6-3-4-7; and
WHEREAS, the Community Development Department determined
that the Third Written Protest met the requirements of Section 6-3-4-7 thereby
requiring a favorable vote on the Third Map Amendment of three -fourths (3/4) of
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the Aldermen elected to the City Council, or seven (7) votes, instead of the six (6)
votes otherwise required by Section 6-3-4-7; and •
WHEREAS, the Plan Commission conducted public hearings on
the Third Amended Application pursuant to proper notice on February 15,
2006, March 15, 2006, April 5, 2006, May 10, 2006, at a special meeting on
May 31 2006, and on June 14, 2006, heard testimony and received other
evidence, made a verbatim transcript and written findings; and
WHEREAS, at the above -referenced May - 31, 2006 Plan
Commission hearing, Applicant withdrew the Text Amendment; and
WHEREAS, at its June 14, 2006 meeting, the Plan Commission
made no recommendation (3 to 3 vote) on the Third Amended Application but by
a favorable vote
of 4 to 2
recommended rezoning the
Subject Property to
•
R1 Single -Family
Residential
District and R3 Two -Family
Residential District
without identifying a specific redevelopment plan; and
WHEREAS, on July 7, 2006 Applicant amended the Third
Amended Application (the "Fourth Amended Application") by: (i) decreasing
the single-family attached dwellings from eight (8) to four (4); and,
(ii) decreasing the R3 Lot with a corresponding increase in the R1 Lot; and
WHEREAS, the Planning and Development Committee considered
the entire record of the Plan Commission in Case No. ZPC 05-01-PD-M&T, and
conducted a public hearing at a special meeting on July 11, 2006 with respect to
the Fourth Amended Application, heard testimony, received other evidence,
cm
• made a verbatim record, and voted to recommend City Council approval of the
Fourth Amended Application; and
WHEREAS, the Planning and Development Committee
considered this Ordinance 85-0-06 at its July 24, 2006 meeting and made
written findings that the Fourth Amended Application: (i) met the standards for
Special Uses in Section 6-3-5-10 and for Planned Developments in Residential
Districts in Section 6-8-1-10; (ii) met the standards for amendments to the
Zoning Map set forth in Section 6-3-4-5; (iii) provided one or more of the public
benefits in Section 6-3-6-3; and, (iv) adopted the record of the Plan
Commission; and
WHEREAS, at its July 24, 2006 meeting, the Planning and
Development Committee recommended that the City -Council approve the Fourth
0 -
Amended Application; and
•
WHEREAS, at its July 24, 2006 meeting, the City Council
considered the record of the Plan Commission, the record and recommendation
of the Planning and Development Committee, and voted to introduce this
Ordinance 85-0-06 and refer it back to the Planning and Development
Committee for further consideration at its August 14, 2006 meeting; and
WHEREAS, on August 8, 2006 Applicant amended the Fourth
Amended Application (the "Final Development Plan") by: (i) eliminating the two
duplex buildings and replacing them with four (4) detached single-family dwelling
units; (ii) eliminating the R3 Lot and R1 Lot in order to rezone the Subject
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Property from. U1 University Housing District to R1 Single -Family Residential
District (the "R1 Map Amendment"); and, (iii) reconfiguringthe private alleys b •
Y Y
extending same to Orrington Avenue; and
WHEREAS, the Final Development Plan includes the Site Plan
(Exhibit B), Draft Plat of Subdivision (Exhibit C), which will become the "Final Plat
of Subdivision" when approved separately from this Ordinance 85-0-06,
Landscape Plan (Exhibit D), Elevations (Exhibit E), Approved Materials (Exhibit
F) and Plat of Vacation (Exhibit G) which will become the "Final Plat of Vacation"
when approved separately from this Ordinance 85-0-06, all of which, except the
Plat of Subdivision and the Plat of Vacation, are dated August 8, 2006 and
attached hereto and made a part hereof; and,
WHEREAS, the Community Development Department determined
that the First Written Protest, the Second Written Protest, and the Third Written
Protest, and the requirement in Section 6-3-4-7 of a vote of seven (7) Aldermen
for passage of this Ordinance 85-0-06, were not applicable to the Final
Development. Plan, as such plan only includes an R1 Single -Family Residential
District; and
WHEREAS, the Site Development Allowances (hereinafter defined)
and R1 Map Amendment requested as set forth in the Final Development Plan
require a vote of six (6) Aldermen for passage of this Ordinance 85-0-06
pursuant to Section 6-3-6-6 and Section 6-3-4-6, respectively; and
0
WHEREAS, the Evanston Preservation Coordinator reviewed the
• Approved Materials (hereinafter defined) determining that all such materials are
materials which the Evanston Preservation Commission (the "Preservation
Commission") has approved in connection with its review of other applications for
Certificates of Appropriateness over which it has jurisdiction pursuant to Section
2-9-8 of the Evanston Preservation Ordinance, Title 2, Chapter 9, of the City
Code, and, accordingly, approved the Approved Materials for the Final
Development Plan; and
WHEREAS, Applicant filed an application with the City to vacate
the remaining alley (the "Alley") described in the draft Plat of Vacation and the
City intends to hold a public hearing on an ordinance to vacate the Alley (the
• "Alley. Vacation -Ordinance") on September 20,-2006; and,
WHEREAS, the City has prepared certain ordinances and motions
•
for consideration and approval by the City Council to repeal or amend and
release, as the case may be, ordinances and restrictive covenants effecting the
Subject Property's use and occupancy by Kendall that have no relationship to the
Final Development Plan (collectively the "Release Documents"); and,
WHEREAS, at its August 14, 2006 and September 11, 2006
meetings, the Planning and Development Committee held a public hearing on the
Final Development Plan dated August 8, 2006; and
WHEREAS, at its September 11, 2006 meeting, the Planning and
Development Committee made findings that the Final Development Plan met the
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standards in the Ordinance for: Special Uses in Section 6-3-5-10; Planned
•
Developments in Residential Districts in Section 6-8-1-10; and, amendments to
the Zoning Map in Section 6-3-4-5; provided one or more of the public benefits in
Section 6-3-6-3 and adopted the record of the Plan Commission, and
recommended that the City Council approve the application for Special Use for
Residential Planned Development and the application for R1 Map Amendment,
all as set forth in the Final Development Plan; and
WHEREAS, at its September 11, 2006 meeting, the City Council
adopted the record of the Plan Commission, adopted the record of the Planning
and Development Committee made at its August 14, 2006 and September 11,
2006 meetings, and adopted the recommendation of the Planning and
Development Committee made at its September 11, 2006 meeting to approve and. •
grant the Special Use for a Residential Planned Development (the "Planned
Development') and R1 Map Amendment, as set forth in the Final
Development Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the foregoing recitals are hereby found as facts
and made a part hereof.
SECTION 2: That the records of the Plan Commission and the
Planning and Development Committee, and the recommendation of the Planning
E
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• 1•
and Development Committee made at its September 11, 2006 meeting are
•
hereby adopted.
•
SECTION 3: That the Application, as amended by the Final
Development Plan, in Case No. ZPC 05-01-PD-M&T, for rezoning of the Subject
Property from a U1 University Housing District to an R1 Single -Family
Residential District meets the standards in Section 6-3-4-5 for amendments to
the Zoning Map, for reasons including, but not limited to:
(A) The R1 Map Amendment approved by this Ordinance
85-0-06 and set forth in the Final Development Plan is consistent with the
goals, objectives, and policies of the Evanston Comprehensive General Plan
("CGP"), as adopted and amended from time to time, in that: (i) the R1 Single -
Family, Residential Zoning District allows for the construction' of new' single-
family dwellings on the previously under-utilized Subject Property; and (ii) this
new construction will increase housing variety and enhance the City's property
tax base.
(B) The R1 Map Amendment is consistent with the overall
character of existing single-family homes in the immediate vicinity of the
Subject Property_
(C) The R1 Map Amendment will not have an adverse effect on
the value of properties in the vicinity of the Subject Property because such
amendment is consistent with the R1 Single -Family Residential Districts to the
north, south, and west of the Subject Property.
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(D)
Public
facilities and
services are
adequate
to
serve
the •
Subject Property in
that: (i)
the Subject
Property was
occupied
by
Kendall
for
many years, with approximately six hundred fifty (650) full-time students, one
hundred seventy (170) employees, one hundred forty-three (143) dormitory beds,
and two -hundred thirty-five (235) peak -hour vehicular movements; (ii) the listed
permitted and special uses in the R1 Single -Family Residential District represent
a significant decrease in intensity of use when compared to Kendall thereby
reducing the impact on public facilities and services.
SECTION 4: That the City Council, pursuant to Section 6-3-4-5,
hereby approves and grants the R1 Map Amendment to the Zoning Map provided
for in Section 6-7-2 to rezone the Subject Property from a U1 University Housing
District to an R1 Single -Family Residential District. .
SECTION 5: That the City Council, pursuant to Section 6-3-5-10,
Section 6-3-6-3, and Section 6-8-1-10, hereby approves and grants the Application,
as amended by the Final Development Plan, in Case No. ZPC 05-01 PD-M&T, to
allow the Planned Development on the Subject Property for the reasons including,
but not limited to:
(A) Pursuant to Section 6-8-2-4 a Planned Development is a
special use in the R1 Single -Family Residential District.
(B) The Planned Development is in keeping with the purposes
and policies of the CGP and the Ordinance in that the Subject Property is located
within the U1 University Housing District and is proposed to be located in an R1
•
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• Single -Family Residential District. The proposed residential uses are consistent
with the types of development intended for this District. The surrounding areas to
the north, west, and south are zoned for residential uses and the CGP
designates the areas to the north, west, and south of the Subject Property as
single-family residential areas.
(C) The Planned Development will not cause a negative
cumulative effect when its effect is considered in conjunction with the cumulative
effect of various special uses of all types on the immediate neighborhood and the
effect of the proposed type of special use upon the City as a whole. The only
other special use in the immediate neighborhood is a private educational
institution. The Final Development Plan contains only uses permitted in the R1
• Single -Family Residential District.
(D) The Planned Development does not interfere with or
diminish the value of property in the neighborhood in that it will enhance the
property values of the adjacent properties and strengthen the City's tax base.
(E) The Planned Development can be adequately served by
public facilities and services, in that it represents a decrease in the intensity of
use from its previous use for many years as Kendall. The findings in Section
3(D) hereinabove are applicable to this standard and are hereby incorporated
by reference.
(F) The Planned Development does not cause undue traffic
• congestion in that it will result in the development of twenty (20) dwelling units,
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thereby significantly reducing peak -hour vehicular movements when compared to
Kendall. The findings in Section 3(D) hereinabove are applicable to this standard
and are hereby incorporated by reference.
(G) The Planned Development preserves significant historical
and architectural resources. This standard is inapplicable in that on April 12,
2005, the City Council denied an application to grant landmark status to the
building, formerly known as the Kendall College Administration Building (Wesley
Hall), located at 2408 Orrington Avenue. Concurrently with adoption of this
Ordinance 85-0-06, the City Council approved Applicant's Certificate of
Appropriateness required by Section 2-9-8(A) of the Preservation Ordinance,
Title 2, Chapter 9 of the City Code, allowing the demolition of all Existing
Structures and construction of the improvements set forth in the Final •
Development Plan authorized by the Planned Development approved hereby.
(H) The Planned Development preserves significant natural and
environmental features in that Applicant has agreed to protect the Oak Trees
(hereinafter defined) and Ash Tree (hereinafter defined) in accordance with
Section 8(E) of this Ordinance 85-0-06 and implement the Landscape Plan.
(1) The Planned Development complies with all other applicable
regulations of the District in which it is located and other applicable ordinances,
except to the extent such regulations have been modified through the planned
development process or the grant of a variation, in that this standard must be and
•
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is met as a condition to, and requirement of, demolition -and construction -related
activities on the Subject Property.
SECTION 6: That the City Council hereby adopts the findings of
the Planning and Development Committee that granting the Site Development
Allowances (hereinafter defined) in excess of the requirements set forth in
Section 6-4-1-6(A), Section 6-8-2-5, Section 6-8-2-8, Section 6-8-2-9, and
Section 6-8-1-10 is essential to achieve one or more of the public benefits
described in Section 6-3-6-3 for reasons including, but not limited to:
(A) The Final Development Plan has a particularly attractive
architectural and landscape design.
(B) The Final Development Plan includes a variety of housing
. types and pursuant to Section 8(F), of this'Ordinance 85=0-06; 'Applicarit will
make a voluntary donation to the Mayor's Special Housing Fund, consistent with
the CGP policy to "encourage proposals from the private sector that will maintain
the supply of moderately -priced housing, both rental -and -owner -occupied".
(C) The Final Development Plan will add twenty (20) single-
family dwellings to the Subject Property which will strengthen the tax base and
the local economy and eliminate blighted and deteriorated structures and
incompatible uses.
SECTION 7: That, pursuant to Section 6-3-6-5 and Section
6-3-6-6, the following site development allowances (the "Site Development
Allowances") are hereby granted from the requirements set forth in Section
•
6-4-1-6(A), Section 6-8-2-5, Section 6-8-2-8, Section 6-8-2-9, and Section
6-8-1-10 to permit:
•
(A) An increase in the maximum mean building height of the
single-family dwelling units to three (3) stories, or thirty-five feet (35'),
pursuant to Section 6-3-6-5(B) and Section 6-8-1-10(C)(1) instead of the
maximum of two and one-half (2.5) stories or thirty-five feet (35') otherwise
permitted by Section 6-8-2-9 in the R1 Single -Family Residential District.
(B) A decrease in the required rear yard pursuant to Section
6-3-6-5(C) to twenty feet (20') for the dwellings identified on the Site Plan as C-1,
C-2, C-3, C-4, C-5, C-6, L-1, L-2, L-3, L-4, L-5, and L-6, instead of the thirty (30')
feet otherwise required by Section 6-8-2-8(A)4.
(C) A decrease in the. required rear yard to twelve feet (12') •
pursuant to Section 6-3-6-5(C) for the dwellings identified on the Site Plan as 0-1
and 0-4, instead of the thirty feet (30') otherwise required by Section 6-8-2-8(A)4.
(D) A decrease in the required rear yard to seven feet six inches
(7'6") pursuant to Section 6-3-6-5(C) instead of the thirty feet (30') otherwise
required by Section 6-8-2-8(A)4 for each of the dwellings identified on the Site
Plan as S-1 and S-2.
(E) A decrease in the required rear yard to twenty-five feet (25')
pursuant to Section 6-3-6-5(C) instead of the thirty feet (30') otherwise required
by Section 6-8-2-8(A)4 for each of the dwellings identified on the Site Plan as
S-3 and S-4.
•
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• (F) A decrease in the minimum lot area requirement of seven
thousand two hundred square feet (7,200 sq.ft.) otherwise required by Section 6-
8-2-5 for all lots located on the Subject Property except for lots seven (7) and ten
(10), identified on the Plat of Subdivision.
(G) A decrease in the required front yard to three feet (3')
pursuant to Section 6-3-6-5(C) instead of the twenty-seven feet (27') otherwise
required by Section 6-8-2-8(A)1 and instead of the fifteen feet (15') otherwise
required by Section 6-8-1-10(C) for the single-family homes identified on the Site
Plan as S-3 and S-4.
(H) An increase in the number of principal buildings on a zoning
lot located in an R1 Single -Family Residential District pursuant to Section
• 6-3-6-5(C-) to. -allow twenty (20) principal buildings on a zoning lot, -instead of the
one (1) principal building otherwise permitted by Section 6-4-1-6(A).
(1) A decrease in the required side yard abutting a private alley
to three feet (3') pursuant to Section 6-3-6-5(C) instead of the fifteen feet (15')
otherwise required by Section 6-8-2-8 and Section 6-8-1-10(C)3 for the single-
family dwellings identified on the Site Plan as S-1, S-2, 0-2, and 0-3.
SECTION 8: That, pursuant to Section 6-3-5-12 which provides
that the City Council may impose conditions on the grant of a special use, the
following conditions are hereby imposed on Applicant:
(A) Construction, operation, and maintenance of the Planned
• Development approved hereby shall be in substantial compliance with the
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approved Final Development Plan; the Certificate of Appropriateness approved
concurrently by the City Council with this Ordinance 85-0-06; the conditions and
•
terms of this Ordinance 85-0-06; all other applicable legislation, rules,
regulations, and requirements (collectively, "Applicable Legislation"); the material
representations, if any, of Applicant to the Site Plan Appearance and Review
Committee, Preservation Commission, Plan Commission, Planning and
Development Committee, City Council, and other City Board, Commission, or
Committee, only to the extent such material representations relate to the Final
Development Plan . All plans submitted or required to be submitted to the City in
connection with the Planned Development approved hereby shall comply with
Applicable Legislation.
(B)
The
Elevations shall substantially conform
in color,
•
dimensions, and
quality
to the Approved Materials. Applicant may
substitute
materials of equal or better quality, provided that the substituted materials
substantially conform in color and dimensions to the Approved Materials.
(C) The Final Development Plan includes a variety of single-
family dwelling units to create varied architecture within the Subject Property.
The Site Plan identifies each home with a capital letter (S, C, 0 and L) signifying
the street name followed by a number. As an example, "C-2" represents the
second dwelling on Colfax Street. The following restrictions and obligations shall
apply: (1) S-1 and S-2 may have the same massing, roof, and overall structural
design, except that the west elevations shall be distinguished by incorporating
•
Miit-Im
• different -colored masonry, windows, and doors; (2) C-1 through C-6 shall not
repeat the same Elevation more than twice and no two identical Elevations shall
occur successively. As an example, C-1 and C-5 may be Elevation G, but C-1
and C-2 shall not both be Elevation G; (3) L-1 through L-6 shall not repeat the
same Elevation more than twice and no two identical Elevations shall occur
successively. As an example, L-1 and L-5 may be Elevation G, but L-1 and L-2
shall not both be Elevation G: (4) 0-2 and 0-3 may have the same massing,
roof, and overall structural design, however, the east elevations shall be
distinguished by incorporating different -colored masonry, roofs windows, and
doors; and (5) 0-1 and 0-4 may have the same massing, roof, and overall
structural design, however, the east elevations shall be distinguished by
• incorporating different -colored masonry, roofs, windows, and doors. -
•
(D) From and after construction of the Planned Development, as
approved hereby, and continuing for so long as the Planned Development exists,
as it may have been amended from time to time in accordance with all applicable
requirements, the "Open Space Parcel", as identified on the Site Plan, shall be
maintained and operated as open space in substantial conformance with the
Final Development Plan. The Open Space Parcel shall not contain any above-
ground permanent improvements, except that Applicant shall be permitted to
locate, maintain, and operate on the Open Space Parcel fixtures, equipment, and
furniture in connection with use of the Open Space Parcel as a landscaped area,
including, but are not limited to, gazebos, trellises, playground equipment,
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benches, chairs, statues, sculptures or other pieces of artwork, signs, planting •
beds, planters, fences, and fountains. The approval granted hereby shall be
limited to those items which comply with Applicable Legislation, including
obtaining permits prior to construction or installation of said items. Section 9 of
this Ordinance 85-0-06 is applicable whenever the City determines non-
compliance with this Section 8(D).
(E) The Landscape Plan identifies trees 11A, 12A, 12B, and 12C
(collectively, "the Oak Trees") along Lincoln Street. Applicant shall submit a plan
to protect and preserve the Oak Trees during construction and thereafter for a
period of two years following the issuance of a certificate of occupancy for the
single-family homes identified on the Site Plan as 0-4 and L-6 (the "Tree
Protection Plan"). The Tree Protection Plan shall be made a part of the •
Declaration (hereinafter defined). An arborist shall prepare the Tree Protection
Plan for review and approval by the Evanston Department of Forestry, which
approval shall be obtained prior to the issuance of a demolition permit. In
addition, the Tree Protection Plan shall extend to protecting the "Ash Tree"
located on Colfax Street and identified on the Landscape Plan as 2313; provided,
however, such preservation and protection shall not extend to prohibiting the
construction, including basements, of the single-family homes identified on the
Site Plan as C-1, C-2, C-3, C-4, C-5, C-6 and 0-1. The single-family homes
identified on the Site Plan as 0-4 and L-5 shall not include basements.
"Basement" shall mean a "portion of a building located partly underground, but
•
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• having less than one-half (1/2) of its clear floor -to -joist height below the average
grade of the adjoining ground. A violation of this Section 8(E) occurs when
Applicant fails to comply with the Tree Protection Plan and such non-compliance
proximately causes the death of any Oak Tree or the Ash Tree. In the event the
City determines that Applicant has violated the Tree Protection Plan and such
violation proximately causes the death of any Oak Tree or the Ash Tree the City
shall fine Applicant Twelve Thousand Five Hundred Dollars ($12,500) for each
tree. If Applicant objects to the City's determination, Applicant shall file a written
protest setting forth the reasons for its objection. If after reviewing such reasons
the City does not retract the fine, then a licensed arborist appointed by the City
and paid for by Applicant shall conclusively determine the validity of the fine.
• .,, , . . ; (F) - Applicant has voluntarily agreed to donate one hundred
thousand dollars ($100,000.00) to the Mayor's Special Housing Fund, consistent
•
with the CGP to "encourage proposals from the private sector that will maintain
the supply of affordable housing both rental and owner -occupied". Said donation
is based upon Five Thousand Dollars ($5,000.00) for each of the twenty (20)
dwellings approved hereby. The One Hundred Thousand Dollars ($100,000.00) '
shall be paid in four (4) equal increments of Twenty -Five Thousand Dollars
($25,000.00), as follows: twenty-five thousand dollars ($25,000.00) concurrently
with payment of the applicable fees for the demolition permit, and twenty-five
thousand dollars ($25,000.00) each year thereafter on or before the anniversary
date of issuance of the demolition permit for each of the succeeding three (3)
-21-
years until the total sum paid shall equal one hundred thousand dollars
($100,000.00). This donation shall be in addition to any demolition tax imposed •
by the Affordable Housing Demolition Tax Ordinance, Title 4, Chapter 22 of the
City Code. Applicant shall not seek an extension of the completion time provided
for in Section 11 of this Ordinance 85-0-06 without first having paid the said
donation in its entirety.
(G) Applicant shall, within nine (9) months of the date of
adoption of this Ordinance.85-0-06, obtain a demolition permit to demolish the
Existing Structures, Applicant shall commence such demolition within thirty (30)
days following the issuance of said demolition permit to demolish such
structures, and shall prosecute said demolition diligently to completion within
eighteen (18) months after adoption of this Ordinance 85-0-06. All Existing •
Structures shall be demolished no later than eighteen (18) months after adoption
of this Ordinance 85-0-06. Delays, not solely attributable to Applicant, shall
extend the thirty (30) -day period by the number of days equal to the number of
days of delay. In the event of a dispute between the City and Applicant as to
whether or not a delay is "not solely attributable to Applicant" and/or the number
of days by which the said thirty (30) day period will be extended, the City's
decision shall be controlling. For purposes of this Section 8(G), "completion of
demolition" shall include, but not be limited to, grading and seeding the entire
Subject Property, including the parkway surrounding same, and re -seeding when
necessary or when required by the City upon written notice to Applicant, to
•
—22—
• assure coverage of the entire Subject Property and the parkway with grass,
except for those lots or areas on which construction has commenced. Such
seeding shall be subject to seasonal conditions. Applicant shall not allow the
grassed area, including the parkway, and so much of it as remains after
construction begins, to reach a height of more than five inches (5") prior
to mowing it. Section 9 of this Ordinance 85-0-06 is applicable where the City
determines non-compliance with this Section 8(G).
(H) Applicant shall limit its demolition, excavation, and
construction activities to between 7:00 a.m. and 6:00 p.m. on weekdays, and
between 8:00 a.m. and 5:00 p.m. on Saturdays, and no work shall be permitted
on Sundays, except in case of urgent necessity in the interest of public health
• and safety, and then only with a permit from the City Manager or her designee,
which permit may be granted while the emergency continues. Sandblasting, jack
•
hammering, or similar noise -producing activities are prohibited between 6:00
p.m. and 7:00 a.m. on weekdays and between 6:00 p.m. Friday and 8:00 a.m.
Saturday, unless special permission in advance of said activities is given by the
City Manager or her designee. In addition, any other construction noise which
exceeds a decibel level of eighty (80) decibels (measured from the property line
from which the noise is emanating) shall be prohibited at all times other than
during the work hours specifically set forth in this Section 8(H), unless special
permission is granted by the City Manager or her designee. If the City Manager
or her designee should determine that the public health and safety will not be
-23-
impaired by the erection, demolition, alteration or repair of any building, or the
excavation of streets and highways between the hours of 6:00 p.m. and 7:00 •
a.m. on weekdays and before 8:00 a.m. and after 5:00 p.m. on Saturdays, and if
it shall further be determined that loss or inconvenience would result to any party
in interest, the City Manager or her designee may grant permission for such work
to be done between the hours of 6:00 p.m. on weekdays and 7:00 a.m. on
weekdays, and before 8:00 a.m. and after 5:00 p.m. on Saturdays, upon written
request of Applicant. Section 9 of this Ordinance 85-0-06 is applicable where
the City determines non-compliance with this Section 8(H). .
(1) Applicant shall have, as its primary goal, the employment of
a minimum of ten (10) low- to middle -income City residents, without regard to
their sex, race, or ethnicity, which goal may be satisfied by Applicant's vendors, •
contractors, and subcontractors. This goal will include full-time employment for
said residents during one or more phases of constructing the Final Development
Plan. By way of example, but not limitation, the demolition portion of the Final
Development Plan is anticipated to be six months in duration during which time
Applicant could satisfy a portion of the goal by employing residents during the
demolition phase. Applicant shall consult with the City's M/W/EBE Coordinator, in
connection with this goal, prior to its application for the demolition permit, and
again prior to its application for the first building permit. Applicant shall provide
the City with such documentation and at such intervals as the City may require
evidencing Applicant's compliance with the terms and conditions of this Section
C
—24—
• 8(I). For purposes of this Section 8(I), "low-income" is defined as "household
income at or below eighty (80) percent of Area Median Income". "Middle -income"
is defined as "household income at or below one hundred fifteen (115) percent of
Area Median Income." "Area Median Income" is the median income level for the
Chicago Primary Metropolitan Statistical Area, as established and defined in the
annual schedule published by the Secretary of the United States Department of
Housing and Urban Development and adjusted for household size." Section 9 of
this Ordinance 85-0-06 is applicable whenever the City determines non-
compliance with this Section 8(I).
(J) Applicant shall require all personnel who drive their own
• vehicles to the Subject Property to park on the Subject Property, space
permitting, and thereafter, to park legally. All trucks and other construction
vehicles shall use Sherman Avenue via Emerson Street (or such other route as
designated in advance by the Illinois Department of Transportation and/or the
City) for ingress to, and egress from, the Subject Property. The use of Lincoln
Street, Colfax Street, and Orrington Avenue'for ingress and egress, except when
approved in advance by the City, is prohibited. Grounds for City -approved
variations from the routes for trucks and construction vehicles provided for herein
include, but are not limited to, the infeasibility of accessing a particular dwelling -
construction site from the designated streets. Applicant shall meet with the
Director of Public Works or other designee(s) of the City Manager to coordinate
• truck routes for ingress and egress prior to obtaining a demolition permit and
—25—
prior to obtaining the first building permit. Section 9 of this Ordinance 85-0-06 is •
applicable whenever the City determines non-compliance with this Section 8(J).
(K) Applicant shall obtain and provide the City with a Phase 1
Environmental Study prior to application for a demolition permit. Applicant shall
take any and all remediation actions required by law, in connection with the
presence of hazardous materials, if any, on the Subject Property. Said
remediation actions shall be taken within the period allowed therefor by
applicable law.
(L) Prior to the issuance of the first Temporary Certificate of
Occupancy Applicant shall: (i) establish a homeowner's association (the
"Association") to govern certain aspects of the Subject Property; (ii) provide a
copy thereof to the City for its review to ensure compliance with this Ordinance •
85-0-06; and (iii) record a declaration (the "Declaration"), which, among other
restrictions and obligations imposed by Applicant, requires such association to:
(a) own, repair, and maintain the private alleys and Open Space Parcel, including
snow removal and landscaping; (b) provide scavenger service at its expense; (c)
install and maintain all exterior lighting serving the private alleys and the Open
Space Parcel; and (d) incorporating the Tree Protection Plan.
(M) Following completion of the demolition described in Section
8(G) above, Applicant shall diligently pursue obtaining the permits necessary to
construct the common area and infrastructure improvements contemplated by
the Final Development Plan, including, the private alleys, a retention and •
—26—
• detention system and connection to the City's water and sewer system
(collectively, the "Common Area Improvements") and, upon obtaining such
permits, diligently pursue to substantial completion of the Common Area
Improvements. Unless otherwise extended by the City Council or in the event of
a delay not solely within Applicant's control, the Common Area Improvements
shall be substantially completed within three (3) years following the adoption of
this Ordinance 85-0-06.
SECTION 9: The payment schedule provided for in this Section 9
is designed and intended to assure Applicant's compliance with certain
provisions of Section 8(D), (G), (H), (1) or (J) of this Ordinance 85-0-06. It is not a
• substitute for compliance, nor shall it be construed as such. Upon the City's
determination that an event of non-compliance has occurred with respect to
Section 8(D), (G), (H), (1) and (J) hereinabove (an "Event of Default"), Applicant,
shall pay, within thirty (30) days after written notice from the City to do so, the
applicable amount described in this Section 9 (the "Penalty") and correct the non-
compliance in a timely manner as directed; by the City. The Penalty may be
imposed on a per diem basis for every day an Event of Default remains
uncorrected; provided, however, no Penalty shall be imposed for a period of five
(5) business days (the "Cure Period") following Applicant's receipt from the City
of a written notice of an Event of Default ("Default Notice") to provide Applicant
the opportunity to cure such default. If the Event of Default cannot be corrected
• within the Cure Period, the Cure Period shall be extended as may be reasonably
MPxa
necessary, provided that, in accordance with all applicable requirements, the City •
Council determines that good cause for such extension is shown, and Applicant
is diligently pursuing the cure of such default. The Penalty imposed by the City
on Applicant may be not more than Seven Hundred Fifty Dollars ($750.00) per
day for violation of Section 8(D), (G), (H), (1) and (J). Notwithstanding any
provision to the contrary, following substantial completion of the Final
Development Plan, the Penalty shall only be applicable to an Event of Default
under Section 8(D) of this Ordinance 85-0-06.
SECTION: 10: Concurrently with the approval of this Ordinance
85-0-06 the City Council approved a Certificate of Appropriateness authorizing
the demolition of all Existing Structures and the construction of the improvements
• set forth in the Final Development Plan; therefore, the Preservation Commission
review of applications for Certificates of Appropriateness for construction of the
single-family dwellings pursuant to Section 2-9-8 of the Historic Preservation
Ordinance shall not be required unless the plans for construction differ in .any
substantial respect, as determined by the City, from the Elevations approved
hereby and/or Approved Materials.
SECTION 11: That, pursuant to Section 6-3-5-15(A) and Section
6-8-1-10(A)3, the two (2)-year completion date provided for in Section 6-8-1-
10(A)3 is hereby extended by an additional one (1) year to allow for substantial
completion of the Common Area Improvements and shall be further extended as
herein provided. If Applicant has complied with Section 8(G) and Section 8(M) •
—28—
• above concerning demolition of Existing Improvements rovements and construction of the
Common Area Improvements, respectively, the construction time shall be
extended by an additional two (2) years to permit Applicant to commence and
substantially complete the Final Development Plan. Upon the substantial
completion of not less than one single family home, the Planned Development
shall remain in full force and effect (unless otherwise amended or repealed by
the City Council), provided Applicant has complied with the material terms and
conditions of this Ordinance 85-0-06.
SECTION 12: The time periods specified in Section 8(G), Section
8(M) and Section 11 of this Ordinance 85-0-06 may be extended if, upon written
• request from Applicant, in accordance with all applicable requirements, the City
Council determines that good cause for such extension is shown.
SECTION 13: For so long as any structure or improvement, as set
forth in the Final Development Plan, exists and provided that the Planned
Development remains in full force and effect, Applicant and all Successors shall
have an affirmative obligation to pay real estate taxes to the City, School District
65, and Evanston Township High School District 202 based on the then -current
assessment rate applicable to the Subject Property or any subdivided portion
thereof. Applicant agrees and covenants to file a real estate tax division for the
Subject Property in conformance with the Plat of Subdivision to cause the
assignment of individual property index numbers for each lot and to assure that
• all lots on the Subject Property are placed and maintained on the tax rolls. Such
—29—
• li
tax division shall be filed with the appropriate governmental authority on or before •
the recordation of the Declaration. The term, "each subdivided portion thereof',
shall include the pro rats share of Open Space and pro rata share of all other
portions of the Subject Property owned in whole or in part by each single-family
dwelling owner. In the event Applicant or its Successors, are or become exempt
from the payment of real estate taxes, an annual payment -in -lieu of taxes at the
then -current rate applicable to the portion of the Subject Property exempt from
real estate taxes shall be made to the City, School District 65, and Evanston
Township High School District 202, for thirty (30) years, unless sooner released
by the City. It is expressly acknowledged that nothing herein shall be construed
to preclude Applicant or its Successors from seeking and/or filing a value is
assessment complaint, or a senior citizen application, a homeowner's exemption
and/or any such other complaint or partial exemption that is available to property
owners, individual dwelling unit owners or homeowners' associations under the
laws of Illinois. Applicant shall record a covenant against the Subject Property,
which shall be in form and content acceptable to the City reflecting the terms and
provisions of this Section 13. The covenant shall run with the land in favor of the
City, School District 65, Evanston Township High School District 202, and all
owners of subdivided portions of the Subject Property, and shall expressly
provide that it shall be recorded against each subdivided portion of the Subject
Property. Applicant and Successors specifically acknowledge and affirm that
they have notice of, and are aware of, the provisions and obligations of this •
—30—
•
85-0-06
Section 13, that they acquire title subject to the provisions and obligations of this
Section 13, and, as a condition precedent to the grant of Special use for Planned
Development, in the case of Applicant, and as a condition precedent to purchase
or acquisition, in the case of the Successors, that they waive any right they have
or may have to cause the owned or acquired portion of the Subject Property to
be or to become exempt in whole or in part from the payment of real estate taxes
to the City, to School District 65, or to Evanston Township High School District
202, and expressly agree to pay the aforedescribed taxes in a timely manner
consistent with the then -current Cook County real estate tax payment schedule.
SECTION 14: Notices given or required to be given under this
Ordinance- 85-0-06 shall be in writing, sent by certified mail with pre -paid First
Class United States postage, return receipt requested, or delivered by reliable
overnight courier service. Mailed notice shall be deemed "delivered" on the third
business day after deposit in the United States mail. Notices delivered by reliable
overnight courier shall be deemed "delivered" on the date of delivery. Addresses
for notice purposes shall be:
To Applicant: Smithfield Properties XXX II, LLC
400 W. Huron St.
Chicago, IL 60610
Attn. General Counsel
To the Association: Homeowner's Association
c/o Smithfield Properties XXXII LLC
400 W. Huron St.
Chicago, IL 60610
To the City: Director of Community Development
City of Evanston
-31-
2100 Ridge Avenue •
Evanston, IL 60201
With a copy to:
City Clerk
City of Evanston
2100 Ridge Avenue
Evanston, IL 60201
Notice to the owner of a completed and occupied dwelling unit shall be sent to
the record owner to the address of that person's single-family dwelling located on
the Subject Property. For purposes of this Ordinance 85-0-06, "record owner"
shall mean the name on the most recent Cook County property tax bill.
SECTION 15: That references herein to "Applicant" shall in all
cases include Applicant's Successors, owners, assignees and operators
(including the Association) of the Subject Property or any portion thereof, •
whether subdivided or not, as applicable, (collectively, the "Successors"), and all
of the rights, benefits and obligations contained in this Ordinance 85-0-06 shall
inure to the Successors.
SECTION 16: That Applicant is required to record in the Office of
the Cook County Recorder, at its cost, and provide the City with a certified copy
of, this Ordinance 85-0-06 and the approved Final Development Plan, prior to
obtaining any City permits. All terms and conditions of this Ordinance 85-0-06
shall be recorded as covenants running with the land for each individual dwelling
approved hereby.
SECTION 17: That, to the extent of any conflict between ,the terms •
of this Ordinance 85-0-06 and the Final Development Plan, the terms of this
—32—
• Ordinance 85-0-06 shall control. Any capitalized term not defined herein shall
have the same meaning as used and defined in the Zoning Ordinance. Any
reference to "Section" herein followed by a citation shall be a section contained in
the City's Municipal Code, unless otherwise defined.
SECTION 18: If any provision of this Ordinance 85-0-06 or
application threreof to any person or circumstance is held unconstitutional, or
otherwise invalid, such invalidity shall not affect other provisions or applications
of this Ordinance 85-0-06 which can be given effect without the invalid
application or provision, and each invalid provision or invalid application of this
Ordinance is severable. In particular, but without limitation, Section 4, which
• approves and grants the rezoning of the Subject Property from U1 University
Housing District to R1 Single -Family Residential District is severable and shall be
valid and in effect should any other provision of this Ordinance 85-0-06, be
invalidated. It is the legislative intent of the City Council that this Ordinance 85-
0-06 would have been adopted had the unconstitutional or otherwise invalid
provision or application not been included.
SECTION 19: That Section 4 of this Ordinance 85-0-06, which
rezones the Subject Property from U1 University Housing District to R1 Single -
Family Residential District, shall be in full force and effect immediately upon its
passage due to the urgency of preventing development inconsistent with the R1
Single -Family Residential District Zoning on the Subject Property and the senior -
family areas to the north, west, and south of the Subject Property. All other
—33—
F-Miroxilm.
portions of this Ordinance 85-0-06 shall be in full force and effect from and after •
the date of passage of Ordinance 85-0-06 and approval in the manner provided
by law, subject to the following conditions all of which shall be completed within
sixty (60) days after the date of adoption of this Ordinance 85-0-06: (1) adoption
of the Alley Vacation Ordinance by the City Council; (2) adoption by the City
Council of the ordinances and motions necessary to enact the Release
Documents; (3) approval by the City Council of the Final Plat of Subdivision; (4)
recordation by Applicant of this Ordinance 85-0-06, including all exhibits thereto,
the covenant required by Section 13 of Ordinance 85-0-06, and the Final Plat of
Subdivision with the Office of the Cook County Recorder of Deeds; and, (5)
providing the City Community Development Department with certified copies of
this Ordinance 85-0-06 and the Final Plat of Subdivision.
•
�1Ayes:
Nays: V
Introduced: July 24, 2006 Approved: �q
Adopted:
�YL��L I '2006 , 2006
--�' L�rraine H. Morton, Mayor
Attest: Appro ed as to for
0AIL;
Mary Mo ris, ity Clerk Herbert D. HiT�
( First Assistant Corporation Counsel
•
-34-
•
•
•
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
LOT 1 IN KENDALL COLLEGE CONSOLIDATION OF PART OF THE EAST
HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 41
NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK
COUNTY, ILLINOIS; ALSO
LOTS 1, 2, AND 3 IN BLOCK 1 IN ORRINGTON ADDITION TO EVANSTON IN
THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 41 NORTH, RANGE
14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS;
ALSO
THE NORTH -SOUTH PUBLIC ALLEY VACATED BY ORDINANCE NUMBER
101-0-06 DATED SEPTEMBER 25, 2006 BEING FURTHER DESCRIBED AS
FOLLOWS; BEGINNING AT THE SOUTHWEST QUARTER OF LOT 3 IN
ORRINGTON ADDITION TO EVANSTON THENCE SOUTH 89° 59' 51" WEST
20.00 FEET TO THE SOUTHEAST CORNER OF LOT 1 IN KENDALL COLLEGE
CONSOLIDATION; THENCE NORTH 00° 23' 17" EAST 100.22 FEET; THENCE
NORTH 89' 36' 43" EAST 20.00 FEET TO THE WEST LINE OF LOT 2;
THENCE SOUTH 00' 23' 17" WEST ALONG THE WEST LINE OF LOTS 2 AND
3 IN ORRINGTON ADDITION AFORESAID 100.22 FEET TO POINT OF
BEGINNING, IN THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 41
NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK
COUNTY, ILLINOIS, IN THE MANNER REPRESENTED IN THE PLAT
HEREON DRAWN.
CONTAINING 153,347 SQUARE FEET OR 3.52 ACRES, MORE OR LESS.
Permanent Index Numbers:
Commonly known property address:
11-07-110-007
11-07-110-008
11-07-110-013
11-07-110-014
2408 Orrington Avenue
Evanston, Illinois
-35-
• EXHIBIT B
SITE PLAN
•
•
-36-
b LIN�OLAI STREET
_ ' :PARKWAY'"':•:•:�: 7: -
i.la.J.— I I LL.LI. i t I III I ! — —._ —� I {.l.}.1.{.L — lI •III-.L•L,L.i L..I,I i-i.l.I.�•.•.',..".T1J f I_.—.—
QQ
,-lOil,
.4
Trw
4
e 4
m N
NKMI'Y
al
COLFAX STREET
BOOTH HANSEN
NM¢ecMe • Fterors • �a.Ng
9]J SaI� IMs 04ines $VBCI
Smithfield Properties
XXXII,LLC
0-.-,
40U Wes, Moon
cnceyo nmaiseoesu
3 STORY SINGLE FAMILY
DETACHED DWELLINGS
W
UNIT SIZE
COUNT
Z
SF-09 37 x 49'
SF.tO 37x49'
2
2
LU
4—TOT
a
SINGLE FAMILY DETACHED
LOT AREA m VARIES
UNIT FOOTPRINT
COUNT
Z
SF-01 40' x 49
1
O
SF-02 47 x 46'
3
SF-03 47 x 40
2
I.-
SF-04 47 x 4G
1
co
SF-05 47 x 58'
2
a
SF-06 47 x SW
2
SF-07 47 x 46
2
SF-08 49149
3
TOTOT
cc16
O
SITE TOTAL = 20
UNITS
PARKING SPACES TOT _
® 3-STORY S.F. HOUSES 8
® S.F. HOUSES 32
40 TOT
REVISIONS
3/1 S/O6-4/S/O6 - S/31106
6/26/06 - 7/11/06 - 8/14106
August 8, 2006
EVANSTON
HOMES
@ Kendall College
Evanston, IL 60201
- - - - PROPOSED
a SITE /� 1 .O
�e 2e PLAN /-'\ 1
-- ------ - - - - - - r - - - - - - -------'1---- ---- - II
-� r
• EXHIBIT C
P�
PLAT OF SUBDIVISION
[SUBJECT TO APPROVAL BY THE CITY COUNCIL]
-37-
OWNER CERTIIICATE
STATE or RLMOIS)
"Imr. C< EDOM) ss
CNPWV, DOGS MERfev CC.Try MAl iI S MF .9.
S ME n.-M"Y 1'
—I— 1EREm •r0 MAT 11 NIS C•USED ME A.. PROPE.n 1D BE
W.WIED A.. SU9MWDED AS VOW -ME- Sm o« I Am 1nr�
DAVID. 2O_
BY. LTG, 71.66'
.1 .•MACER
STATE D< RLN05 I
cpuxTY OF —)SA
L • xOlu1T PUBLIC M1 AND rm, THE
COUxM' N THE STATE AfmIlLe. Da TEREBI M— AT
__PRESCEMT a ME UMACER W
I.L.C.. RHII 15 PERSMALLY MOM TO ME TO BE
ME SAME RERSOI THOSE LAME IS SUBSCRIBED TO ME IOREDWC
NSMmE.1 AS A MA"AGER K SAID LIMITED. APPEARED BEFORE ME MIS
OAT INPERSON A" AM OKED ED MAT K SIGNED MO DELIVERED ME
Sup NSTRUMEx7 AS KS 0- FREE -D WLUMI•A1 ACT AND AS ME
MET AND WTUNTWT ACT W SAO MAMACEA MBEHALF OF SAO LIMITED
UAK1TY COMPANY, AS PART OMEN M ME PROPERTY, TOR ME USES
AHD ALITVOSES ""' SET Im11N OVCM UMUE. MY NANO AMD
NOTARUAL SCAT NTT _� DAY W 10�
3]6LiTi.!R�
MORTGAGEE CERTIFICATE
ME UNDEAUDIEO AS MORTGAGEE LOOTER LIORTCACE RECORDED 1 THE
M m«cG D" MI
OAT OF _ wD. ASCooaYEx! xuYeEN
wOiCgT COMSEYIn ..NO APPROWS ME KAI
MOREM WAMM.
IIORTEAME
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ITS _—_ PRESIDENT
STATE Dr TLp10S)
COmT' Or _—)SS
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N AID, YETI THE COUNTY 0Y THE STATE ArORESAIO. DO HEREBY CERTF
MAY PRESOENI OY
ME SAME PERSON MOSS NWE IS SUBSNA . 10 ME IORECDMC
NSTRNIEM, AS SUUN _ IR[90[xT, —(ABED —E MC -5
OAT of PERSOM AND AC-13MEDGEU MAT xE SImED AND DELIVERED NE
SAID RISTRUMEMT AS WS OM ME AMD W 1.1 ACT A. n ME
MCC AxD wLmTARY ACT OF SAO CORPO RAxpv. AS MMTCACEE, F
MC USES ANO PURPOSES MCRER SET FORM OVEN UMUM MY NAME
•MU MOTAR AL SEK Mn _ DAY OF ___ A.D. 20_
..— PUBLIC
being a Subdivision of Part of the Southwest Quarter of Section 7, Township 41
North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois.
LINCOLN STREET
I Nm�0.1
142.Ba'
5&00' 5a00' 36.00' 35.00' 56.00' 51.00'
8 Wyi 6 8 LOT x $ :n'~1M 6 8 .�:A s :°:.s ' 8 LOT 6 "$ LOT $
m
71.e6,
36.00'
W
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131.00,
7
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64.50'
66.50'
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66.50'
71.66'
55.00,
56.00' 56.00'
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RE.SCO. IN-2.-2006 1.1 DIMENSIONS (•a RE.SED W-29-2006 NOTE AND LEGAL [ J
LENSED 6-1-m-ONEWYDC2010«G •MMLOiSt'OLOEP/tOD6- 665. ID°CI
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]
LENSED S-1T-06- GYY K EVANSTpN CCR la C.RS-ELDE. ZDOS (OC
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.EWSED:.-5-06-•00[D 20NN0 MF0 PER EVAIISTON-ERDER171305-055M (0C)
ADDm CAHM[MI n x1Pn oRDE.RmA-05sYM (xl
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OUTLOT 21 TO BE OWNED AND CONTROLLED BY A HOMEOWNERS ASSOCIATION.
ounoT r
-OTT:
M UUr»IAnpl •i LOT cMMLPs «NUQO ei sYMBm ORHOTnIm
GRAPHIC SCALE ESIABUSNED WIOR •LL TO PLAY RCEDROATIMI
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i RICON*All 1-11 OME.IASE NMURD ON "DID NEREM
An ��
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RAT.
6TATE m.—I
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LOTS 1.2, AMU, «KOCN 4411 dmNGIOM •WRO» TOEVA16Tm «irE SATIDVEST pIAn1En
OY SECTION 1, 1OWxsmPAt NdIM. TATIGE 1A,EASY OF TIE YY=P.TJEfAI.ETdAN. NGaol
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6E1A,FURT]ER OESCRBED ASFPlRMS.EWEWTWAT TIE SOIInmT T
pUA,E.6Lpl]MaIC .OP LOT MTG EVAH5IUMTMEREE SOU,MItl 54 SY«ESTAm
SET TONNE SOUMFAST CORNER Or LOT 1 N IEMpNI COLLEGE L'01u4MTYIN T11E11E!
m ECT OPUR5TN•E
ON LOTyYMEMCEEBOIIIMm'YE INESTTuma TIIEMEST LIME oe LpiS2ST ]NORRNGrpR
ITEC_ ATOMETAD lm,p FEET TOPDNI m 6EGMMIG «1rE SW,MNF.ST QUARTER tF
SECYd11.TUR6IIPNMORNRANGE1.. EAST Or TIEMAROMUMD"AL• "UMAP Nf:G]IN
CDUNP. LLIC6 x TIE M•rMIER REPRESEM,EOOH THE gAT1EREON OR•NTR
wIT•IM.IG n,.Nr spu•RE rEErw ] v Awc6 MwE w Itss
11PURNIMCER,WTINTTIEPROPERTYDES IMORIETEm ISLIX'I.rETM'1YIMTIME
EJ]RPp.•TE LIMDs a TIE cocas EvNS1 W, CDD. courlYr, uNDb
TEMPTORA—DA.YY
MY lCEMSE EIPNES MO 14 m. ]MI6
x�nTa� ISS
• .o .m TORD m nE FwmEml M«c :s-1 - OAmi1ACMA1 M"CE
Y1 Faln"'i ORM IURR Mr »AMp •m g1uNL TY MS _ n•r R P
0 0 0
• EXHIBIT D
•
LANDSCAPE PLAN
290
B" CAL.
F CELTIS
OCCIDI
LINCOLN STREET
16" CAL. —16" CAL. —17" CAL.
PHELLODENDRON PHELLODENDRON PHELLODENDRON
is
BOOTH HANSEN
-- -51" CAL. (OAK)
QUERCUS MACROCARPA
acmieu�e.r,meas.waM�q
30" CAL. (OAK)
]0]SaneDesPa�esSrtei
C�xago. IYvms 60661
QUERCUS SPECIES
33" CAL. (OAK)
Smithfield Properties
X"11,LLC
- QUERCUS SPECIE
-
Developer
100 West Mum
_
33" CAL. (OAK)
CJucaOp CM1,ms 606t0
QUERCUS SPECIE
TREE PROTECTION
DIAGRAM:
24" CAL.
LIRIODENDRON
TULIPIFERA
% Trunk Dia. YY4
I T k
I
i
Y nl" I
EXISTING
PARKWAY TREES 0
NEW LANDSCAPE C5
' • SHADE TREES z
.. _ NEW EVERGREEN
TREES
t� -- ,!: ��nl -• �- -� _-
� RELOCATED SITE -....
—
I8 AUGUST 2 006
r TREES
i77 ............ :...- ... ice-.-----—r 0
NOTES:
1. TYPICAL TREE PROTECTION DURING CONSTRUCTION TO BE CLEAR OF 3X THE TRUNK DEPTH OR AS
RECOMMENDED OTHERWISE BY THE HORTICULTURALISTS.
2. VERIFY ALL FINAL DIMENSIONS IN THE FIELD.
04 6 16
EVANSTON
HOMES
@ Kendall College
Evanston, IL 60201
OAK TREE
PRESERVATION
'Z ® PLAN A1.0BL
{
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�� •mmm�o° - �—��i mummus A�Inm• p
ail J , / \
,PA'
�24" CAL. -24" CAL. Z14" CAL. —' L18' CAL. (ASH) C/ ®`. 1°A X STREET��'
$August, 2006
FRAXINUS FRAXINUS FRAXINUS FRAXINUS SPECIES
SRECI . -RR CIES SPECIFc EVANSTON
HOMES ,
OTES: Evanst Kendall L 6020
TYPICAL TREE PROTECTION DURING CONSTRUCTION TO BE CLEAR OF 3X THE TRUNK DEPTH OR AS ASH TREE
:COMMENDED OTHERWISE BY THE HORTICULTURALISTS. PRESERVATION
VERIFY ALL FINAL DIMENSIONS IN THE FIELD. SITE A1.00L
�� ® PLAN
• 0
Tree Survey for Evanston Homes
DOUGLAS HOERR LANDSCAPE ARCHITECTURE
A"46
I—r I
I Caliper
SPmad I
Condition
+I
wTy?eEES
PARK
I
I
Ace, plaunoW .I Noway aspic
I 3P
e5'
P—W
I I
A. spades
good
2 I
Aarr .pedes
I 2r
22'
good
e I
Aar specks
I r
IT
geed
s I
Ace—hubISlbe Wapls
1 28'
er
ee gd
6 I
Popuhs dehddas l Cottonwood
I 1e'
2S
good
T I
Popoh. dehpldes l Celknwood
1 IS
2r
fair
g I
PW.derdre..mwense l Amur Cwktme
I I
Is
kh
g I
re1W oecWedaRs f Haekbewy
I
I
geed
10 I
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I
I
geDd
11 I
Ph.Ncdkndmn amunnse I Anmr Cor►ooa
-
I it
I 2r I
good
If. I
Uh— specks
1 r
I Ir I
goad --
12 I
PheNodeldmn ansumnse l Amur Cwktme
I I
I 2r I
hlr
12 I
Urtodendran hgpHers l TuOptw
I 24'
I W
good
id I
Csn6 e.cld-tft/Hatkber,y
1 I
I u
good
15 I
IMcdencimn bdlpgers l TWlpbee
I 1r
I 2w I
good
16 I
IN—spxks
I 26'
I eg' I
spettmee
IT I
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I r
I zr I
good
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I 1S'
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pow
Is I
Tmdn.s spades
I 1r
I 2r I
+ab
20 I
posh.. speaks
1 IT
I 27 I
Pariah
21 I
Fracas specks
1 te'
I 2e I
lah
22 I
yroslnw specks
1 Te'
I 2S f
rah
24 I
Pr"..spade.
I I
I 25' I
I.h
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A— pd.
1 20'
I er I
good
26 I
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1 w
I 2r I
geed
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Type
I Ca9ar
Spread I
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1
1.
Aar specks
211
I
er I
goad
ea
Gkaw. bleamMa l N..ppoeust
20,
j
er I
good
Sa
Aar specks
20'
Sr II
lalreeod
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I r
.2r I
gaa
T.
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I Ir
24 I
gad
ga
PIWW.0..bb I Austrakn Ma
I I
2r I
good
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1 IT
24 I
kk
ac
k.. specs
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I te' I
21Y I
lab
10.
PI.-nfw.
1 7r I
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Pow
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I ST' I
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sr I
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5r I
specimen
lea I
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1 r I
1r I
geed
116 I
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I I I
I I
good
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I II' I
it
geed
1ed I
Aarq d.
I T1' I
Ir I
good
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I it i
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gad
l6b I
each gWcks
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it I
lab jood
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.nkawn
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IT I
taIr
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I IV I
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gad
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Cledltsb tekanthos l Honeyiecud
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45' I
gad
211 I
Ckehsk Mathes l Ronerl—A
I I 1
25' 1
good
21g I
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I 20' 1
SO I
good
21h 1
Guemas speck.
I 1r I
21 I
geed
211 1
Guemus.pedo
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2r I
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Ill I
Cledildatdtanthos/HoaNaust
I I I
IO I
gad
Ilk 1
GkdR k Ldamna I Honeylowd
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IS' I
goad
211 I
A,e species
1 LS I
w I
9ad
23. I
Auer spades
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2r
fah
an I
Pradnus spedea
I Tr I
28' �
1.
tea I
Wagnaga speck. Jl MU dkmmed)
1 r 1
20, i
gad
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ELEVATIONS
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8 AUGUST, 2006
FRONT STREET ELEVATION 0 2 4 e 16
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EXHIBIT F •
APPROVED MATERIALS
•
17�
-40-
•
•
TO:
ROB BUONO
FROM:
Kerl LaJeune, Booth Hansen
DATE:
August 8, 2006
SUBJECT:
EVANSTON HOMES
PROJECT EXTERIOR MATERIALS LIST
SUPPLIER CONTACTS
PROJECT NAME:
Evanston Homes II
PROJECT NUMBER:
0509.00
PAGE 1 OF 1
DISTRIBUTION:
BH, File
MATERIALS:
1. WINDOWS:
08810 - Aluminum Clad Contact:
08550 - Wood (Stained) Contact:
08810 - Insulated Glazing Contact:
2. ROOFING:
07317 - Slate Shingles/Tiles Contact:
07317 - Synthetic State
Contact:
07311 -Asphalt Shingles
Contact:
07310 - Cedar Shingles
Contact:
07318 - Wood Shakes
Contact:
3. WALLS:
MEMORANDUM
Dover Building Supply LTD LLC, Willmar Windows,
Andersen
Marvin Windows, Andersen Windows and Doors
Dover Building Supply LTD LLC (847)-249-7670 or Viracon
Solarscreen 2000
Camara Slate Products (842) 265-3200
Majestic Slate / Ecostar Carlisle (800) 211-7170
GAF Materials Incorporation (815) 372-9701
Dover Building Supply LTD LLC (847)-249-7670
Dover Building Supply LTD LLC (847)-249-7670
r
09220 - Natural Stucco Contact:
Chicago Plastering Institute, Larsen Products 800.633.6668
04210 - Veneer Face Brick Contact:
Brann Clam Products 708-422-1000
06200 - Cedar Siding Contact:
Cedar Siding Inc. 800-345-9471, Alcoa, Certainteed
06200 - Composite Siding Contact:
"Max Shake" or Bradco Supply Corp. 708.396.0247
4. ACCENTS: Fascias, soffits, gutters, downspouts, flashings
04430 - Cut Limestone Contact:
Northfield Block Company (847)-816-9000
04730 - Renaissance Stone Contact:
Northfield Block Company (847)-816-9000
05505 Galvanized Steel Contact:
Morse Industries, GS Metals Corporation
06200 - Exterior Wood Trim Contact:
04210 - Brick Pavers Contact:
Hanover Architectural Products (717) 637-0500
04210 - Concrete Pavers Contact:
Northfield Block Company (847)-816-9000
06152 - Composite Decking Contact:
Harry's (773)-631-6568 TREX Decking: (800)-BUY-TREX
M:\Projects\0509 Evanston Homes II\Project Correspondence\Memo\Materials List.doc
Architecture Llnteriors LPlanning 333 South Des Plaines Street Chicago, Illinois 60661 312.869.5000 312.869.5099 F boothhansen.com
EXHIBIT G •
PLAT OF VACATION
[SUBJECT TO APPROVAL BY THE CITY COUNCIL]
•
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COVENANT
Kendall i ollaga. a trot -for -profit emrpw file* dull `bri vieitad and eA" ander.
the laws of Ow State of Mickbeft the oww of. 1% CaNaeey Sdiod of .
Kendeil College. an see edited school for the tLz daft.jed edreation of. s1 4 91
Plewift fdt° ewe" its the . hotel aad 4a�6ae Manwes, an
beated its the Clty of Evanston. Cowdy of Cook. State at Blade at
k eiesideratian of the Caty of Evahstas pen.ltft WA teary Eebool and
Elinmowti ��aslgF , -YIg The awtak of Us t�C � 3Mooty�evnidet� P
and nee& as dewribed is arehitaetwd eaitihtta an ale wft the City of Evowton.
It Is hereby eoeeseated and agseed as fouasac
1- Kendall Cotlega sha1A eortfeew go aaatutain a lilt faryaar
degree program 1A older to *owe that The Clay
Sctrool is classified as part of Kendall College sad not
tepee into the arming ordiiarree definition as a °tnsde
school`.
7- Attached to and pert of MS COVENANT 1S
Extdbit A. a site pl" of Ule banquet roomW amd
dining roomisl including a foal floor p1m for all
of Lire expected improvements throagh Ady. IM.
This plan includes the 0=rauta Seating in the final
design for each meal serrice facility-
2- Kendall College, thrcur The Culinary School, will operate
all of its dining facilities on the following
schedule.
Banquet Night: Monday. 6:45 - 9:00 pen.
Luncheon: Monday through Saturday. 11:30 a.m. - 2:00 p.m.
Dinner: Tuesday though Saturday. SAS p.m. - 9:00 pm.
Expansion of this regular schedule must be approved
by the City of Evanston. The schedule is inclusive
of all planned banquet, lic'rcheon, dinner and other
daisy food services neressery' to the operation of
the educational program_
4. The Culinary School program shalt be limited to a maximum
of 2S2 full-time students on ea.apus at any one '.:me.
S. There shall be no advertising specifically dire; ted to the
general public regarding meal services. This restriction
re7pocts the "not -for -profit" and 'non-commercial" nature
of food services incidental and integral to the conduct of
the educational programs of The Culinary School.
6. The dining facilities and services shall be restricted
to College faculty, staff. students and guests of the
College. All services of The Culinary School shall be
either incidental to or an integral part of the culinary
and other educational programs of the College and are
provided solely to support and extend the College's
capacity to fulfill the educational intent of the program.
Guests admitted to the dining facilities are considered
both patrons and evaluators and are provided an opportunity
to participate in the instructional program as such.
Attendance restrictions shall be posted at or near the
entrance to each dining room and shall apply to all
food services of The Culinary School.
EXHIBIT B
. ird , of hi,
77 QKW",.' 'J. 4N, F.
e
7.. As a not-for-prefii entity, it shall be Lha policy of
Ken&d C&WV and The CujUjary schaoj to limit an
meal charges to an participant® to tits actual cost of
preparing and serwing the fixed. The College Is not
involved. ow lees it wish or Intend to become frivefived.
in opet ting a -ear-peont- enterpass an its cs"Vw evM
though it the iffljporttonet to its culinary proultio
of simulating as e5asely as possible and In a laboratory
enwirmwent an 'V 1-t that seeks to realize the real
world enviransimst of e emmereld *far -profit,
food-ralated servilm
L An grabdUes are ad shidt emtkm to b* gifts
to 7ba Cdhwy Sehool Sebawship Pmi& 71w CaDep
maktaim In Its awwWft gift report * separate
Item In which &C VMWuss are rtearded. 7'hb
report Is avamme to the City of Evarstm an "Wpest.
9. Kendall CaMlege , i h., that t1w CIty 0 Evanttaa
reserms Its rW to ;raiae XNWAU comae
for vicktice of 0" eovenaat rie the adsaat flat say
Of the Pfavisficas awtak4d twe W* iveeeNd.
MAs 6CNWNMt ShM be bitking. wt ** an UW 4ows bereat. btd their•
i.- --,- .. - . steed asiess. sad dmU run finth OW ISM ad shaD be binft'apaa and
be a part of an fvtww coveneftts and agreements.
This covenant Is sands IN Uwar of the CIRY of Evanston, a wAvdcipal coeporztion.
and may be released wAy ap= agreement with said City.
rN WrMM VVER20r. Said WMAdan Codte o. a corporation. has caused its
corporate add to be hareto affixed. and has ceased Its name to be signed hereto
by its President- and attested by its Recording Reaaetaryr, this
day of July. 1"T.
KENDA 4 COLL r- A CpR3P!ORA71ON
By
UnL
ATTEST:
�itecVrdTIng
74U11 S102 W12157 14:E6:44
Secretary
W37
STATE OF ILUNOIS 1-CWtv RECCIIAR
COUVTY OF COOK
k;r. r2
I the undersigned. a Notary Public, in and for the County and
State aforesaid. DO HEREBY CERTIFY, that Andrew 14. Cothran,
perso"lly known to me to be the President of the KFNDALL COLLEGE
corporation. and Sendm Forrester, personally known to me to be
the Recording Secretary of said corporat:3n, and persofially kn6vin
to me to be the sanwe persons whose names are subscribed to the
foregoing instrument. appeared before me this day in person. and
severally acknowledged that as such President and Recording
Secretary, they signed and delivered the said instrument as (S
President and Reeonding Secretiry of said corporation, and caused
the
corporate sea! of said corporation o be affixed thereto, pursuant
to authority given by the Board of Directors of s-iid Corporation as
their free and voluntary act, and as the free and voluntary act and
deed of said corporation, for the uses and purposes therein set forth.
Given under my hand and official seal. this -7 day of T /Y
F-7
My Commission Expires-
15=
Expires pjzy 2r,'