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HomeMy WebLinkAboutORDINANCES-1970-096-O-70n Revised 1-18-71 96-0-701 �.4, AN ORDINANCE 41 Granting a Special Use Permit to Dobson Plaza Nursing Home, Inc. WHEREAS, the Dobson Plaza Nursing Home, Inc. did in 1965 receive a special use permit to operate a 56-bed nursing home; and WHEREAS, said special use permit was granted on certain terms and conditions, including the recording of a covenant that the property would never be used to accommodate more than 56 beds in the nursing home; and WHEREAS, the Dobson Plaza Nursing Home, Inc. has applied for a special use permit to allow the expansion of the existing special use from 56 to 60 patient beds on the property located at 120 Dodge Avenue, Evanston, Illinois; and WHEREAS, the Zoning Board of Appeals has conducted a public hearing on said application and has found that the pro- posed expansion of the special use is so designed, located and proposed to be operated that the public health, safety and welfare will be protected, as there will be no exterior altera- tion to the existing building and the expansion by a total of 4 beds will have a very minimal impact on the area, and that it will not cause appreciable injury to the value of other property in the R5 General Residence District in which the property is located, if the special use is granted, and that the proposed use is listed as a special use in Section VI.E.2.f. of the r .Zoning Ordinance; and WHEREAS, the City Council of the City of Evanston has considered said application for a special use permit and has determined that the granting of said special use perm -it is in r 7 • • • q9 i the best interest of the City of Evanston, provided that said special use permit bo subject to certain terms_and conditions as hereinafter set forth. 79 TME'REFOnti, BE IT O DAI,"d2i) BY n12 CITY COLINC.li OF TH=.E CITY OF EVAN3TON, COOT. COUNTY1 ILLI'xr'CI31 SECTION 1: That the recm%mendation of the Zoning Beard of Appeals is hwreby confirmed and the Director of Inspections and Permits.is ordered and directed to grant a permit to Dobson Plaza Nursing Home, Inc. to allow expansion of existing special use frwa 56 to 60 patient beds on the property located at 120 Dodge Avenue, Evanston, lilinolq, and legally described as - Lots 13 20 3, 4# and 5 of Block 4 In W. Hayden t'.ry uu'�.�:..vis { tit`. of the :3oat,.h half` of the Southeast gvarter of tho N thweat quarter (except tha ."south ,5 2-1 chains thereof} of Section 25a To!vvriship 41 Tlorth, fl <in-ge 13, Fist of the Third princ! ;:��idi-s!� �n .CAn�; County, Illinois, ex aept the tMasi 7 reef of said Lots taken for wi•de;l� ng at � ��e ����An�.c��. SECTM-4 2: The v:�- e eer-.In ;ranted is mJbj t '" Ltiw is�".�'S i::3`�:iilt.ino and agreeing P, s fo110-as 1. The prroperty sh-A".1 navlr be utod to accori-- od_ I60 more than sixty beds in the nursing home. 2. A11 portiont of the land not occupied by a building constractod pursuant to tiru�n�6�c:: 14-0-65, adulated by the City Council of the City of s vanst no shall remain open and un- obstructed to the sky and no expansion* addition or enlar;ertiunt c+ said building shall be un-ler- taken 3. shaThe several lots co,r:prising the subject property t of the Rec'o der of 1" eds of Cook County; Illinois, as one parcel of land. 4. The property shall re.ma-In on the tax rolls of Cook County as long as it s:;,-;li be used under the Spec;i81 Use permit herei fiabove described, and tho Coveriantors agree on behalf of them- selves, their heirso successors and assigns not ., 2- • � v a to seek tax exemption for said property. This. agreement to maintain the property on the tax rolls shall be a covenant running • with the land and shall be binding upon all successors in title, whether or not such successors in title would be otherwise eligible for a tax exemption under the.laws of the State of Illinois. 5. This covenant is°made in favor of the City of Evanston, a municipal corporation, and may t. be enforced by it. 6. On or before March 1, 1971, Covenantors, at their expense, shall record this covenant in the Cffice�of the Recorder of Deeds of Cook County or file the same itith the Registrar of Titles of Cook County, whichever is approp- riate, and shall provide the City Clerk of the City of Evanston with a certified copy of said recorded or registered covenant., If said property is registered pursuant to An Act Con- cerning Land Titles, approved May 1, 18970 as amended, then the Covenantors shall also sub6iit to 'the Corporation Counsel of the City of. -Evans- ton, its Gwners' Duplicate Certificate of Title with this covenant duly memorialized thereon. SECTION 3: This ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. Introduced aan,), -9-- , 1971 Adopted -�az_ / , 1971 Approved February 1 , 1971 /s/ Edaar'Vanneman. Jr. Mayor Attest /sl Maurice F. Brown City Clerk Approved as to form.; /s/ Jack M. Siegel ` Corporation Counsel r 3.. 12 7 • RESTRIU1V _ CO`�Jr'�IAN; . WHEREAS, Dobson Plaza Nursing Home, Inc., hereinafter referred to as the "Covenantor," is the legal title holder of the following described real property: Lots 'I, 22 39 4, and 5 of Block 4 in"W. Hayden Bell's Hoy.-iard--Dodoe Subdivision of the South half of the Southeast quarter of the lltorthv:est quarter ( except the South 2.572, chains thereof ) Of Section 25, Township 41 North, Range 13, East of the Third Pri.ncip: 1 Mieridion in Cook County, Illinois, except the East 7 feet of said Lots ta?;en for widening of Dodge Avenue, commonly known as 120 : odge Ave; ue, Evanston, and hereinafter referred to as t.;:, "subject prop r.ty" ; and WHEREA's said property is zoned for R5 General Residence District under th-I Zoning Ordinance of the City of Evanston; and WHEREAS, by Ordinance 14- -65, adopted by the City Council of the City of Evanston, the Covenantor was granted e special use pernit to allow the use of the subject property or a nursing home on cortain ter -is and conditionst including a covenant that the pro; erty wzould never be used to a cco:~a„?odi zte Here than 56 patients in the nursing home; and WHEREAS, the Covenantor has filed a petition fox a specia-1 use pernit to alloy: expansion ox the existing special use from 56 to 60 patient beds on the subject property, and h_s appeared before the Zoning Board of Appeals of the City of E G nston in support of said petition; and WHEREAS, the Zoning Board of Appoals reco ;derided that the petition be Drented; and the Ci;:y Counc:.1 of thr; City of Ev3n5ton has' &greed to ,rant the special us:) par:1i.t subject to certain conditions. I y J � ' 8 •hC It THEREFORE, in consideration o; the granting of said special use permit by the City Council of the City -of Evanston, the Covenantor does hereby covenant, agree and declare that the following conditions shall be covenants running with said prop - arty and shall be binding upon the Covenantor and its s�jcc;essors;, assigns, and any and all parties claiming by, through and�'under it. The Covenantor does hereby covenant and agree as follows: L That the property shall never be used to accommodate more than sixty reds in the nursing home. 2. That.all portions of the subject property not occupied by the building constructed pursuant to the City of Evanst n's Crdinunce 14-0-6' shall regain open and unobstruc-ted to t :e sky and that no expGnsic+n, addition, or enli;rg::raent of said builciin; shall bo undearta'Ken. 3. The sevoral lots co, -,:prising the subject property shalshnll remain consolidated and recorded in the Office of zne Recorder. of : eds of Cook; County, 1111nois., at one parcel of land, 4. That the subject property snap re -Main or, t'.:e tax rolls of Cook County as Icjn as it sh;:�l? be used under the Special use permit hereinsbove described, and the Covenantor z grew on be'.tolf Of itself, its �i , ht_-s, successor; or as,_rns not tc seel. a tax �exem ticr. for szi =-� proper$;,, It is expressly a.,re�:d that the covenant to mzintain the property cn the ta:x rolls s.hs,ll be a covcnont running wilth the land and shall be binding upon all successors in title, whoti:�r or not sucIn successors in title ::ouid be c'herwise eligible for for a tax exemption under the I of the .:,tote of Illinois. 6. This covenant is made in favor of the City of Evanston, a mu►licip-31 corporatlon, and may be enforced by it. 6. -On or before ;!.arch 1, 1971, the Covenantor, at ity owa expense, shall rc.corJ this Covenant in the Office of the Recorder of Dae l of Cook County, of s;�all file the sav;-' in t5v o:fice o the Registrar of Cook County, Whichever is appropriate, :� onshall provide th:: Ci .y Cli r:: of the City of Evanston a certifi.ad copy of said recorded or .. 2.r 103 • • .registered covenant. If said property is registered pursuant to An Act Concerning Land Titles, approved May 1, 1697; as.amcnded, then the Covenantor shall also submit to the Corporation Counsel of .the City of Evanston, its Owners' Duplicate Certificate of Title with this covenant duly memorialized thereon. xN V1IT\LS3j THEREOF, the Covenantors by its duly author- ized agsnt, does herounto set-rts hand and seal this day of , 1971. ©OBSON PLAZA NURSING i10'"Ej INC. BY President Secretary STATE OF TLLI''MS SS COUN i Y Or COOK $ is , a Notary Public, in and for sai:i Countyi in the State aforesaid, do hereby certify that personally known to me to be the r_-esident and , pe;sonal.ly known to m4 to be the _ Secretary of the JY)3301113 PLAZA 1UASINC-3; nQ`,`_, INIC., tie Cbrpora- s ti.on whose nam, 'Ls 'Elie foregoing ins tru_ ent, appeared be:ora iaa this d.;y in person and ackno:vle-Joad that they signed, sealed ant- deliiv red the foregoing instruinent as their free and voluntary act, and as the free and voluntary act of the said DCBS)ON PLAZA NUR31 NG 110'=1E6 ItdC. for ,the uses and purposes there{n sot forth, and that they are `aereunto duly ;u horized b j the Board of Directors of the s;Ad P LAZA HYME I. to execute said covenant. Given under, my hand and 'No116-a isl seal this day of 1971. - Notary Public