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HomeMy WebLinkAboutORDINANCES-1978-071-O-78�i 1 '! 7/21/78, 7/28/78 �i !' 71-0-78 AN ORDI14ANCE i Reclassifying Certain Property From R-1 Single Family Residence District And R-5 General Residence District To R-6 General Residence District WHEREAS, the Zoning Amendment Committee at public hearings conducted June 1, 1978.and July 6, 1978 considered the petition of Clement Construction Company and Ross Kotin Homes, Inc. to rezone the property commonly known as 1201-23 Central, Evanston., Illinois, from the existing classifications of R-1 Single Family Residence District and R-5 General Residence District to R-6 General Residence District, which public hearings were conducted pursuant to i notice and publication thereof in the manner prescribed by law; and I f • I WHEREAS, the Zoning Amendment Committee has recommended that the property described be rezoned from R-1 Single Family Residence District and i, it R-5 General Residence District to R-6 General Residence District, subject to a certain condition relating to the improvement thereof. i! NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF I# EVANSTON, COOK COUNTY, ILLINOIS: i SECTION 1: That the Zoning Ordinance of the City of Evanston, 1960, I� j! as amended, be and is hereby further amended by reclas- sifying the property commonly known as 1201-23 Central, Evanston, Illinois, i j and legally described as: _ Blocks 13 'and 20 (except the West 120 feet of said blocks and also excepting the North 52 =� feet of the East 120 feet of said Block 13), j'. in University Subdivision of the South half I; of Lot 20 and all of Lots 21 and 22 in George �) Smith's subdivision of the South Section of Ouilmette Reservation in Township 42 North, Range 13 East of the Third Principal Meridian and commonly known as 1201-23 Central, 0 U 0 from R-1 Single Family Residence District and R-5 General Residence District to R-6 General Residence District, subject to the following condition: That the petitioners, Clement Construction Company and Ross Kotin !j Homes, Inc., file with the City prior to adoption of the rezoning an executed covenant of agreement in recordable form acceptable to the Corporation Counsel that the development of the property will be limited to the construction of forty-four (44) attached dwellings in conformance with the plans submitted at the hearings. SECTION 2: That the official District Map of the Zoning Ordinance of the City of Evanston, as amended, be further amended in accordance with the provisions of this ordinance. SECTION 3: All ordinances or parts of ordinances in conflict here- with 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 1978 Adopted dq,cz--W 7 , 1978 Approved / Y , 1978 ATTEST: M4 4City Clerk P p A roved as to form: Corp dtion Counsel, i -2- • AUG 1973 �. APPE'! 1,eul(�ti � COVENANT WHEREAS, Ross, Kotin Homes, Inc., an Illinois corporatin, and Clement Construction Company, a Delaware corporation ("PETITIONERS"), recently petitioned the Zoning Amendment Committee and the City Council of the City of Evanston, Illinois ("EVANSTON"), seeking the reclassification from R-1 and R-5 zoning to R-6 zoning of the property commonly known as 1201-23 Central, Evanston, Illinois ("PROPERTY") legally described as: Blocks 13 and 20 (except the West 120.0 feet of said blocks and also excepting the North 52.0 feet of the East 120.0 feet of said Block 13), in University Sub- division of the South half of Lot 20 and all of Lots 21 and 22 in George Smith's Subdivision of the South Section of Ouilmette Reservation in Township 42 North, Range 13 East of the Third Principal Meridian, in the City of Evanston, Cook County, Illinois; and • WHEREAS, following review of PETITIONERS preliminary plans for the PROPERTY by the Zoning Amendment Committee and the City Council of Evanston and the North Triangle Association of Evanston, Illinois, PETITIONERS agreed as a condition of the aforementioned reclassification -to execute a Covenant , whereby a maximum of forty-four (44) units shall be constructed upon the premises in accordance with plans prepared by Booth, Nagle and Hartray, Ltd. and dated June 1, 1978, which plans were submitted to the Zoning Amendment Committee on June 1, 1978 and July 6, 1978; NOW, THEREFORE, the undersigned, Ross, Kotin Homes, Inc., purchaser under a contract to purchase the PROPERTY, and Clement Construction Company, i the fee simple title holder of the PROPERTY, do hereby covenant and agree with the City of Evanston as follows: • The owners and purchasers of the PROPERTY agree on behalf of them- selves, their heirs, successors, designees, and assignees to construct upon the PROPERTY a maximum of forty-four (44) dwelling units in compliance with the PETITIONERS' plans for the PROPERTY identified above and submitted to the Zoning Amendment Committee in the course of its hearings. This Covenant shall be in full force and effect from and after its • execution for a period of fifty-five (55) years and shall be enforceable by the City of Evanston in law or equity. Further, this Covenant shall run with the land and shall be binding upon the undersigned and their successors in interest unless released by the City of Evanston at a time after execution and prior to the passage of fifty- five (55) years. Upon the expiration of such term of years the Covenant and restrictions recited therein shall be held for nought. ROSS, KOTTIIN HOMES, INC. By ✓Z ATTEST: j President Secretary • [SEAL] CLEMENT CONSTRUCTION COMPANY By ATTEST: President Y� Secretary [SEAL] I. 0 STATE OF ILLINOIS ) SS. COUNTY OF COOK ) a Notary Public in and for, i said County, in the State aforesaic;-)DO HEREBY CERTIFY that �. ,,,President of ,Ross,, Kotin Homes, Inc., an Illinois Corporation, and Secretary of said corpora- tion, appeared before me this day and executed said instrument as their own free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. Said Secretary then and there acknowledged that .s he, as custodian of the corporate seal of said corpora- tion, affixed said corporate seal to said instrument as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of f,/;� ,� <. !! 1978. ' I 1 i 1 NOTARY PUBLIC [SEAL] My'commission expires: �!I WISCONSIN STATE OF j ) MILWAUKEE ) SS. COUNTY OF 60ak) I, Susan M. Anderson a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that William M. Chester, !Jr. President of' Clement Construction Company, a Delaware Corporation, and Eldora K. Dedynski, Assistant , Secretary of said corpora- I tion, appeared before me this day and executed said instrument as their own free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. Said Secretary then and there acknowledged that she, as custodian of the corporate seal of said corpora- tion, affixed said corporate seal to said instrument as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this 3rd day of August 1978. I [SEAL] NOTARY PUBLIC i ! i My commission expires: 1/27/80 This instrument prepared by: JA.MES T. MURRAY