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Home My WebLink AboutORDINANCES-1982-065-O-826/28/82 • • • I, j 65-0-82 AN ORDINANCE Granting a Special Use at 1700-04 Hinman WHEREAS, the Evanston Zoning Board of Appeals conducted a public hearing on April 20, 1982 and again on May 18, 1982 upon the application of Stephen B: Byer and Barbara L. Byer as beneficiaries of the Chicago Title and Trust Company, Trust #1080855 for a special use to permit (1) construction of a vestibule addition and access ramp to the rear of the existing building which is being occupied in part by a not -for -profit museum previously authorized as a special use, and (2) installation of a 21 foot wide by 2.5 foot deep by 64 inch high sculpture in the required front yard at 1700-04 Hinman Avenue, Evanston, Illinois; property located in an R5A General Residence District; said hearing having been conducted pursuant to notice and publication thereof in the manner prescribed by law; and WHEREAS, the Zoning Board of Appeals has recommended that the application for said variation and said special use be grantee;; and WHEREAS, it is in the best interest of the City of Evanston and of the Evanston community that said variation and special use be limited to the i present use and ownership; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COU14CIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the application of Stephen B. Byer and Barbara L. Byer as beneficiaries of the Chicago Title and { Trust Company, Trust #1080855 for a special use to permit (1) construction of a vestibule addition and access ramp to the rear of the existing building which is being occupied in part by a not -for -profit museum previously authorized.as a special use, and (2) installation of a 21 foot deep by 64 inch high sculpture in the required front yard on the property located at 1700-04 Hinman and legally described as: Lots 11 and 12 and the s'ly 18 ft. in width of lot 13 and all in Block 14 in City of Evanston, SE fractional quarter of Section 18, Township 41 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois • n U is granted subject to compliance with all other provisions of the Zoning Ordinance, other applicable laws, Section 2 below and the condition that construction be in accordance with the plans submitted and identified as j Board's Exhibit 1. i SECTION 2: That Chicago Title and Trust Co. as Trustee and Stephen B. Byer and Barbara L. Byer as beneficiaries j of Trust #1080855 covenant and agree with the City of Evanston as follows: ! 1 A. That said special use shall be limited to the present, beneficial ownership or to the transfer of present legal ! title to current beneficiaries; and B. That said special use shall be limited to the utilization of the herein referenced property as a museum; and 1 C. That in the event either or both of the covenants in A or B is i violated, the beneficiaries shall remove the front yard sculpture prior to conveyance of title. SECTION 3: The Director of Building and Zoning is hereby I directed to issue such permit pursuant to the terms of this ordinance. SECTION 4: This ordinance shall be in full force and effect from and after its passage and approval in the manner provided by the law. I Introduced: 51. � /y , 1982 Adopted: �-1�� 2y/ , 1982 ATTEST: City Clerk Appr ved as t form: orpo atibn Counsel - 2 - i Appro / 1982 i i i COVENANT THE UNDERSIGNED Trustee of Trust #1080855 held by Chicago.Title and Trust Company, and THE UNDERSIGNED beneficiaries of said Trust, for and in consideration of the granting by the City Council of the City of • Evanston of the application of said beneficiaries for a special use to • VK permit (1) construction of a vestibule addition and access.ramp to the i rear of the existing building which is being occupied in part by a not -for - profit museum'.previously authorized as a special use, and (2) installation I� of a 21 foot wide by 2.5 foot deep by 65 inch high sculpture, in the I! required front yard, all at 1700-04 Hinman Avenue, Evanston, Illinois, .the real estate which is the subject of Trust #1080855 and legally i described as: Lots 11 and 12 and the s'ly 18 ft. in width of lot 13 and all in Block 14 in City of Evanston, SE fractional quarter of Section 18, Township 41 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois, do hereby covenant and agree with the City of Evanston, Cook County, Illinois' on behalf of themselves, their successors and assigns as follows: A. That said special use shall be limited to the present beneficial ownership or to the transfer of present legal title to current beneficiaries; and B. That said special use shall be limited to the utilization of the herein referenced property as a museum; and C. That in the event either or both of the covenants in A or B is violated, the beneficiaries shall remove the front yard sculpture prior to conveyance of title. This Covenant shall run with the land and shall be binding upon -- the undersigned individually and as beneficiaries of Trust #1080855, their successors in interest including successor beneficiaries and assigns, and on all persons, firms or corporations having or acquiring beneficial or legal title to the underlying property herei describe r released a with't City o Evanston. and may b VIGE I4WSIDE2dT, For Chicago Ti tl Tru,Js t ompany, As SE a it �- ARY Trustee of Trust' 08085� �• Step B. Byer, benefici� r Ba a"ra Byer, bane icia ` j It is expressiy understood and agreed by and between the parties hereto, anything herein fa the contrary rAwhhrSa4f tfut each and all of the warranties, indemnities, representations, convenants, undertakings and agreements herein made an the pert I of the Trustee while in form purporting to the f.arrantizs, indemnities, rpreser,lations, convenanta, undertakings and agreemeAtS i of said Trustee are nevertheless each and every one of tram, made aid intended not as ppaor.al warranlies, indemai",ie; i fepresenliticnst covenants, undertakings and 3g,eements by the Trustee or for the purpose or with the intention of bindinY Id Trustee personally but are made and intended for the purpose of binding only that p rtion of the trust property specificatiy described herein, and this instrument is executed and delivered by said Trustee not in its own right, but solely In the exercise of I.On powers eonfefred upon tt as such Tru tee; and VA no personal liability or personal responsibility Is assumed by not shall at any Vale be asserted of tnferceable atainsl the Chicago Tale and Trust Company or any of the kneliciaries undo said trust Agreement on ecwunt of this instrument or on account of gay warranty, indemnity, representation, eolenantt unciertalgit or agreement of the said TTustea in this instrument untamed, thh4 exprtued or Implied, an such pusovl WbW4, U My. � ssapraxsty wtivtd and t;uvil, • 0 4W STATE OF ILLINOIS ) SS. COUNTY OF COOK ) lk�orh/a Notary Public in and for said County in the State aforesaid, do h#eby certify that STEPHEN B. BYER and BARBARA L. BYER, whose names are subscribed to the foregoing instru- ment, appeared before me this day in person and acknowledge that they signed, sealed and delivered the foregoing instrument as their free and voluntary act, for the uses and purposes therein set forth. 1982. Given under my hand and notarial seal this day of-10-wlp, ., STATE OF ILLINOIS, SS. COUNTY OF COOK Form 1329 i NOTARY PUBLIC I,. the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY, that the above named Assistant Vice President and Assistant. Secretary of the CHICAGO TITLE AND TRUST COMPANY, Grantor, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Assistant Vice President and Assistant Secretary respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said Company for the uses and purposes therein set forth; and the said Assistant Secretary then and there acknowledged that said Assistant Secretary, as custodian of the corporate seal of said Company, caused the corpo- irate seal of said Company to be affixed to said instrument as said Assistant Secretary's own free and voluntary act and as the free and voluntary act of said Company for the uses and purposes therein set forth. Given under my hand and Notarial Seal N ary Public DatSuN 2 8 1982