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HomeMy WebLinkAboutORDINANCES-2006-099-O-06r • ` 9/1 /2006 8/29/2006 99-0-06 AN ORDINANCE Repealing Ordinance 80-0-66 which Rezoned 721, 725, 731 Colfax, and 735 Colfax Street, 2359 Sherman Avenue, and 2348 Orrington Avenue from U1 University District to U2 University District, and Releasing a Restrictive Covenant Regarding Limitation of Construction on the Rezoned Property to Certain University Uses ("KENDALL") WHEREAS, the City Council adopted Ordinance 85-0-06 on September 11, 2006, rezoning the property in the block bounded by Lincoln • Street, Orrington Avenue, Colfax Street, and Sherman Avenue ("Subject Property") from U1 University Housing District to R1 Single -Family Residential District, and granting a special use for planned development to permit the demolition of all existing structures located on the Subject Property and the construction of twenty (20) single-family dwellings; and WHEREAS, the Subject Property was formerly owned and occupied by Kendall College which operated thereon its College, Culinary Institute, student dormitories, administrative offices and related training and instructional programs; and WHEREAS, the City adopted Ordinance 80-0-66, attached hereto • as Exhibit A and made a part hereof, on July 18, 1966, rezoning 721, 725, 731, and 735 Colfax Avenue, 2351 Sherman Avenue, and 2348 Orrington Avenue l from U1 University District to U2 University District under the 1960 Zoning • Ordinance, and WHEREAS, the properties rezoned by Ordinance 80-0-66 are part of, and located within, the Subject Property; and WHEREAS, Ordinance 80-0-66 imposed certain conditions on the 721-735 Colfax Street, 2351 Sherman Avenue, and 2348 Orrington Avenue properties in consideration of the rezoning and required that the conditions be set forth in a recorded covenant running with the land; and WHEREAS, the aforedescribed covenant, dated May 22, 1970, attached hereto as Exhibit B and made a part hereof, was recorded as document no. 21186989 on June 18, 1970; and WHEREAS, the conditions generally related to construction of a • dormitory on the rezoned properties in accordance with approved plans and compliance with the U2 University District requirements; and WHEREAS, Smithfield XXXII, LLC, owner of the Subject Property, has requested release of the covenant and WHEREAS, Ordinance 80-0-66 provided that "this covenant is made in favor of the City of Evanston, a municipal corporation, and may be released only upon agreement with said City"; and is EPA • WHEREAS, Ordinance 80-0-66 and the covenant recorded as document no. 21186989 serve no public purpose with respect to the use of the Subject Property with the adoption of Ordinance 85-0-06; and WHEREAS, the City Council has determined that the express repeal of Ordinance 80-0-66 and the release of the covenant are in the best interests of the citizens of Evanston, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are found as fact and made a part hereof. SECTION 2: That Ordinance 80-0-66 adopted by the City Council • on July 18, 1966 is hereby repealed and the covenant recorded as document no. 21186989 is hereby released. SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: That this Ordinance shall be in full force and effect from and after the date of its passage and approval in the manner provided by law, subject to the condition that Smithfield Properties XXXII, LLC shall file Ordinance 85-0-06 and the Plat of Subdivision, Exhibit C to that Ordinance, with the Office of the Cook County Recorder and provide the City with a certified copy thereof at its cost, but in no event more than sixty (60) days after • the date of adoption of this Ordinance 99-0-06. —3— Introduced: &. V-4T to 11 , 2006 Approved: Adopted.,, � �.�'-�ti l j , 2006 2006 4L rrL rraine H. Morton, Mayor Attest: Approved as to form: t��� l 1 V l its-��'i�� � r/ L��y (/I/cLG'12�i�✓ Mary P-"M,�i `C, y Clerk Herbert D. Hill First Assistant Corporation Counsel • • —4— x:-�� �' _ "— r - <'; sal > - - ' ' - _r.!-'• - - ,K d ! 80-0-66 _ AN ORDINANCE Amending the Evanston Zoning E Ordinance, Adopted November 21, ' 1960. WHEREAS, the Zoning Amendment Committee of the City of _ Evanston did meet on February 17, 1966 to consider amendments to regulations imposed under the Evanston Zoning Ordinance so as to rezone the property commonly described as 721, 725, 731, _ and 735 Colfax Street, 2351 Sherman Avenue, and 2348 Orrington _- t<. Avenue, and legally described as Lots 1 and 2 in Owners Resubdivision of Lots 4, 51 ` __- and 6 in Block 1 and Lots 14, 15, and 16 in Block - 7 of Orrinoton Addition to Evanston: Lots 1, 2, and 3 in Colfax Subdivision, a subdivision of Lots 3 and 4 in Owners Subdivision of Lots 4, 5, and 6 In Block 1 and Lots 14, 15, and 16 in Block 7 in Orrington Addition to Evanston: the north 31 feet of Lot 2 in Block 1 of Orrington Addition to Evanston: and the alley vacated by the City Coun- cil and purchased by the College in 1962, which alley comprises 2,127 square feet and runs east from Sherman Avenue between Colfax Street and Lincoln Street for half the distance to Orrington Avenue: all being located in Section 7, Township 41 North, Range 14 East, Cook County, Illinois. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the Zoning Ordinance of i the City of Evanston, adopted November 21, 1960, as amended, be further amended.as follows: That the hereinafter described property, now zoned Ul Univt. ity District, be and the same is herel- zoned U2 i — EXHIBIT A -Y University District, provided that Kendall College, by means of a conveyance to a nominee and reconveyance to Kendall College, with an appropriate covenant, be limited to the construction on said property of not more than one dormitory, designed to house not more than 125 students and constructed substantially in accordance with the plans submitted at the public hearing, plus any additional buildings or uses, except residential accommodations, which are permitted in the U2 University District. The regulations and restrictions appli- cable to U2 University District and penalties provided for in said ordinance, adopted November 21, 1960, as amended, shall hereafter apply to the following property - Lots 1 and 2 in Owners Aesubdivision of Lots 4, 59 and 6 in Block 1 and Lots 14, 15, and 16 in Block 7 of Orrington Addition to Evanston: Lots 1, 2, and 3 in Colfax Subdivision, a subdivision of Lots 3 and 4 in Owners Subdivision of Lots 4, 5, and 6 in ©lock 1 and Lots 14, 15, and 16 in Block 7 in Orrington Addition to Evanston: the north 31 feet of Lot 2 in Block 1 of Orrington Addition to Evanston: and tYz alley vacated by the City Coun- cil and purchased by the College in 1962, which alley comprises 2,127 square feet and runs east from Sherman Avenue between Colfax Street and Lincoln Street for half the distance to Orrington Avenue: all being located in Section 7, Township 41 North, Range 14 East, Cook County, Illinois. SECTION 2: The Official District flap of the Zoning Ordinance of the City of Evanston, as amended, shall be further amended in accordance with the provisions of this ordinance, -2- SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. INTRODUCED July 5 1966 ADOPTED July 18 , 1966 ATTEST: City Clerk Approved as to form: «oorrp etion C unsel APPROVXED JULY 1966 L� Mayor i -3- r �o A -a! GJ Z W N W W =) w (� Q a LL! W 4 U� O Q j <Qo Xo0n7 U ° -4 C 1 1 bb yb9 COVENANT Kendall College, a not -for -profit corporation, duly organized and existing under the laws of the State of Illinois,.being the owner of the following described property located in the City of Evanston, County of Cook, State of Illinois: Lots 1 and 2 in Owners Resubdivision of ! Lots 4, 5, and 6 in Block 1 and hots 14, 15, and 16 in Block 7 of Orrington Addition to Evanston: hots 1, 2, and 3 in Colfax Subdivision, a subdivision of Lots 3 and 4 in Owners Subdivision of Lots 4, 5, and 6 in Block 1 and Lots 14, 15, and 16 in Block 7 in Orrington Addition to Evanston_: the north 31 feet of Lot 2 in Block 1 of Orrington Addition to Evanston: and the alley vacated by the City Council and purchased by the College in 1962, which alley comprises 2, 127 square feet and runs east from Sherman Avenue between Colfax Street and Lincoln Street for balf the distance to Orrington Avenue: all being located in Section 7, Township 41 North, Range 14 East of the Third Principal Meridian, Cook County, Illinois, i and commonly known as 721-735 Colfax Street, 2351 Sherman Avenue, r1-'T and 2348 Orrington Avenue, Evanston, Illinois. in consideration of the City Connril of the City !� I LC3 of Evanston rezoning the said property from a U-1 University co District to a U-2 University District as to the premises pre- viously described, it is hereby covenanted and agreed as follows:i (1) that the said Kendall College shall convey the aforementioned premises to a nominee I and that any reconveyance by said nominee j to Kendall College shall be accompanied i by this covenant; I) (2) that the construction on the said property i shall be limited to not more than one dormitory designed to house not more than I 125 students; I . ® 4 EXHIBIT B 0� 76W r I � I 4 (3) that said construction shall be constructed substantially in accordance with the plans dated, approved, and identified, by the signature of the Chairmarf'f the Land Use Committee of the Evanston City Council; and (4) that any additional uses or buildings which are placed on the area shall be only those I as area permitted in the U-2 University Dis- trict and the undersigned agrees to be bound by the rules, regulations and restrictions applicable to a U-2 University District all as contained in the Zoning Ordinance of the City of Evanston as adopted on November 21, 1960, as amended. This agreement shall be binding, not only on the owners hereof, but their successors, and assigns, and shall run �Iwith the land and shall be binding upon and be a part of all I future covenants and agreements. IThis covenant is made in favor of the City of 1 • iEvanston, a municipal corporation, and may be released only upon agreement with said City. • IN WITNESS WHEREOF, said Kendall College; a cor- ?oration, has caused its corporate seal to be hereto affixed, and has caused its name to be signed hereto by its President, 1 and attested by its Secretary, this 22nd day of May 1970. j ATTEST: Az" )AI secr tary J STATE OF ILLINOIS ) SS. I COUNTY OF COOK ) I u 00 L0 KENDA COLLEGE, A CORPOR TION BY/ / I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that Marry B. Janke personally known to me to to the ,Sirs:. 1.1 _. ; , of the K� DA,,,T COLLEGE corporation, and Robert Beart onay known to me to - - -.-. 7,• .__ -.q __._:.':�rZ11'� — --••ate•*� iV1\G &wj 471Y be the Secretary of said corporation, and personally known to me to bo the same persons Whose names are subscribed to the foregoing.'instrument, appeared before m is day in person, ' and severally ..acknowledged that as such _ , d Secretary they signed and delivered the said instrument as es and Y{; - ,lay }u^•` <]4�y.'. Secretary of -said corporation, and caused the corporate seal o.. ;:�a :-�'•�; said corporation to be affixed thereto, pursuant to authority given by ;the Board of Directors of said 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 P : P Tvwl forth. Given under my hand and official seal, this day of May 1970. rs..;,;:..•.: (votary Pu6 fcF MY Commission Expires: NOTARY PUBLIC, STtir OF Iw14.713 MT COMMISSION EXF.RES NOV. 13 1973 ISSUM OT THRU IUMMS gIAfiQM i .�ti .�:C :*�. Y.a��?i-,r`i �y,. aati - Jl��{/• .�.:+�-.I �!•: 1 / y _ .'`-`3^if: ;F,:l�ri �,S•,t, •�;,}•t�j�•.:?�:4.`":_ ,Ftiy (.' .. '.4C. P 1�,T JUN 18 Atd, JUN• 18.70 S b 8 a c n 5 * � 1 1 v .: r �� -�-• i; _- �j 1 J � low' } }; `A; nd ed I8 =6 5� _ -ne 80-0-66 AN ORDINANCE Amending the Evanston Zoning Ordinance, Adopted November 21, 1960. WHEREAS. the Zonina Amendment Committee of the Citv of Evanston did meet on February 17, 1966 to consider amendments to regulations imposed under the Evanston Zoning Ordinance so *-' as to rezone the property commonly described as 721, 725, 731, and 735 Colfax Street, 2351 Sherman Avenue, and 2348 Orrington Avenue, and legally described as - Lots 1 and 2 in Owners Resubdivision of Lots 4, 5, and 6 in Block 1 and Lots 14, 15, and 16 in Block 7 of Orrinoton Addition to Evanston: Lots 1, 2, and 3 in Colfax Subdivision, a subdivision of Lots 3 and 4 in Owners Subdivision of Lots 4, 5, and 6 in Block 1 and Lots 14, 15, and 16 in Block 7 in Orrington Addition to Evanston: the north 31 feet of Lot 2 in Block 1 of Orrington Addition to Evanston: and the alley vacated by the City Coun- cil and purchased by the College in 1962, which alley comprises 2,127 square feet and runs east from Sherman Avenue between Colfax Street and Lincoln Street for half the distance to Orrington Avenue: all being located in Section 7, Township 41 North, Range 14 East, Cook County, Illinois. N0Wj THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the Zoning Ordinance of the City of Evanston, adopted November 21, 1960, as amended, be further amended as follows: That the hereinafter described property, now zoned Ul University District, provided that Kendall College, by means of a conveyance to a nominee and reconveyance to Kendall College, with an appropriate covenant, be limited to the construction on said property of not more than one dormitory, designed to house not more than 175 students and constructed substantially in accordance with the plans submitted at the public hearing, plus any additional buildings or uses, except residential accommodations, which are permitted in the U2 University District. The regulations and restrictions appli- cable to U2 University District and penalties provided for in said ordinance, adopted November 21, 1960, as amended, shall hereafter apply to the following property - Lots 1 and 2 in Owners Resvbdivision of Lots 41 5, and 6 in Block 1 dnd Lots 14, 15, and 16 in Block 7 of Orrington Addition to Evanston: Lots 1, 2, and 3 in Colfax Subdivision, a subdivision of Lots 3 and 4 in Owners Subdivision of Lots 4, 5, and 6 in Block 1 and Lots 14, 15, and 16 in Block 7 in Orrington Addition to Evanston: the north 31 feet of Lot 2 in Block 1 of Orrington Addition to Evanston: and tha alley vacated by the City Coun- cil and purchased by the College in 1962, which alley comprises 2,127 square feet and runs east from Sherman Avenue between Colfax Street and Lincoln Street for half the distance to Orrington Avanue: all being located in Section 7, Township 41 North, Range 14 East, Cook County, Illinois. SECTION 2: The Official District leap of the Zoning Ordinance of the City of Evanston, as amended, shall be further amended in accordance with the provisions of this ordinance. -2- ` --�----------'-'--------' � SECTION 3: All nzdinsnres or parts of ordinances in conflict herewith are hereby zepealed. SECTION 4' This ordinance shall be in ~ full force and effect from and after its passage, approval, and publication in the manner . provided by law. July 5 , 1966 July 18 , 1966 ATTEST' City Clerk Approved as to form, ' . ' ~3- APPRg1966 Mayor l{ I bb 9b9 i COVENANT Kendall College, a not -for -profit corporation, duly organized and existing under the lave of the State of Illinois, being the owner of the following described property located in the City of Evanston, County of Cook, State of Illinois: Lots 1 and 2 in Ownero Resubdivision of Lots 4, 5, and 6 in Block 1 and Lots 14, 15, and 16 in Block 7 of Orrington Addition to Evanston: Lots 1, 2, and 3 in Colfax Subdivision, a subdivision of Lots 3 and 4 in Owners Subdivision of Lots 4, 5, and 6 in Block 1 and Lots 14, 15, and 16 in Block 7 in Orrington Addition to Evanston: the north 31 feet of Lot 2 in Block 1 of Orrington Addition to Evanston: and the alley vacated by the City Council and purchased by the College in 1962, which alley comprises 2, 127 square feet and runs east from Sherman Avenue between Colfax Street and Lincoln Street for half the distance to Orrington Avenue: all being located in Section 7, Township 41 North, Range 14 East of the Third Principal Meridian, Cook County, Illinois, and commonly known as 721-735 Colfax Street, 2351 Sherman Avenue,(V 1I and 2348 Orrington Avenue, Evanston, Illinois. : I Tn ccnaideration of the City Coaincil of the City 07 y I 1 of Evanston rezoning the said property from a U-1 University LO District to a U-2 University District as to the premises pre- viously described, it is hereby covenanted and agreed as follows:i f r o (1) that the said Kendall College shall convey j ; the aforementioned premises to a nominee I and that any reconveyance by said nomineQ to Kendall College shall be accompanied j by this covenant; j h � j (2) that the construction on the said property I P R shall be limited to not more than one I 0 dormitory designed to house not more than (n 125 students; V :J Z 4 WW ui a o_ v Z ; a i IEI §.a du Ju ri :� +i�;bd.,a,N&II�dIi14Yj� Wa o — EXHIBIT B _ Y cr 01 7& I Q ,� uM�� • • (3) that said construction shall be constructed substantially in accordance with the plans dated, approved, and identified, by the signature of the Chairman'of the Land Use Committee of the Evanston City Council; and (4) that any additional uses or buildings Which are placed on the area shall be only those as are permitted in the U-2 University Dis- trict and the undersigned agrees to be bound by the rules, regulations and restrictions applicable to a U-2 University District all as contained in the Zoning Ordinance of the City of Evanston as adopted on November 21, 1960, as amended. This agreement shall be binding, not only on the owners hereof, but their successors, and assigns, and shall run with the land and shall be binding upon and be a part of all future covenants and agreements. This covenant is made ir. favor of the City of Evanston, a municipal corporation, and may be released only upon agreement with said City. IN WITNESS WHEREOF, said Kendall College; a cor- poration, has caused its corporate seal to be hereto affixed, and has caused its name to be signed hereto by its President, and attested by its Secretary, this 22nd day of May 1970. ATTEST S-e-c-r-6 t a r y STATE OF ILLINOIS ) I COUNTY OF COOK ) SS. s: I G7 OO L0 KENDA COLLEGE, A COTION RPOR / A i BY� - � Fres#dent i • I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEhEBY CERTIFY, that Harry H. Janke personally known to me to he the � : _, of the Fr— DA1.1 COLLEGE corporation, and Robert Beart o•. na y known to me to be the Secretary of said corporation, And personally known to me to be the same persons whose names are subscribed to the foregoing *instrument, appeared before m is day in person, and severally .,acknowledged that as such d Secretary they signed and delivered the said instrument as s"�et.�and Secretary of.said corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to, authority given by,. -the Board of Directors of said 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 22 day of May 1970. Notary MY Commission Expires: NOTARY FURur. 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