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2009-002ORDINANCE NO. 2009- 2 E AN ORDINANCE APPROVING A FENCE DESIGN FOR CERTAIN LOTS IN MIRIELLE PHASE 2 SUBDIVISION WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the recorded plat of subdivision for Mirielle Phase 2 (recorded November 14, 1995 as document number 3748373) includes a restriction concerning fences that reads as follows: "Restriction for Lots 99, 100, 101,102,106,107 and 216 thru 234 (inclusive) in Mirielle Subdivision Phase 2. Grantee, their successors and assigns, shall continue to maintain, repair, replace and renew the fence constructed along the rear property line of the above described real estate and keep the fence in good condition at all times. Any modifications or reconstruction of the fence shall be in compliance with the design approved by the Village of Buffalo Grove ( "Village "). This restriction, including but not limited to the maintenance of said fence, shall be enforceable by the Village. If the owner hereof fails to maintain the fence, the Village may enter upon the land for the purpose of maintaining said fence and impose a lien on the lot for costs and expenses of said maintenance." ( "Fence Restriction"). NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, as follows: Section 1. The foregoing recitals are hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. Section 2. A five (5) foot high fence, which fence has a straight top (not scalloped), six (6) inch cedar boards and is what is commonly known as a "board on board" construction (shadowbox fence) is hereby approved as the design for the following lots in the Mirielle Phase 2 Subdivision: Lots 99, 100, 101,102,106,107 and 216 thru 234 (inclusive) in Mirielle Subdivision Phase 2, being a subdivision of part of the east half of section 21, Township 43 North, Range 11, East of the Third Principal Meridian, Lake County, Illinois, which Plat of Subdivision was recorded November 14, 1995 as document number 3748373. Section 3. Attached to and made a part of this Ordinance are the following exhibits: (i) Exhibit A which lists the lots in Mirielle subject to the Fence Restriction, the corresponding addresses and permanent index numbers, and (ii) Exhibit B which is a map depicting the lots in Mirielle subject to the Fence Restriction. Section 4. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 5. Any person violating any portion of this ordinance shall be punished according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 6 - Braiman, Glover, Berman, Kahn, Trilling, Rubin NAYES: 0 - None ABSENT: 0 - None PASSED: January 5 , 2009. APPROVED: January 5 , 2009. PUBLISHED: January 6 , 2009. ATTEST: <yy1JLLW1.i ^ Village Clerk 12/17/2008 This document prepared by and mail to: William G. Raysa Raysa & Zimmermann, LTD 22 S. Washington Park Ridge, Illinois 60068 APPROVED: Village President 2 C EXHIBIT A Mirielle Subdivision, Phase 2 Lots subject to Uniform Fence Design Standards LOT Numbers ADDRESS PIN 99 2284 Avalon DrI 1521409005 100 2286 Avalon Drl 1521409004 101 2288 Avalon Dr) 1521409003 102 2290 Avalon DrI 1521409001 106 2174 N Avalon Ct) 1521215001 107 2176 N Avalon Ctl 1521205004 216 2240 Avalon Dri 1521403022 217 2242 Avalon DrI 1521403021 218 2244 Avalon Dry 1521403020 219 2246 Avalon Drl 1521403019 220 2248 Avalon Drl 1521403018 221 2250 Avalon DrI 1521403017 222 2252 Avalon Drl 1521403016 223 1 2254 Avalon DrI 1521403015 224 2256 Avalon DrI 1521403014 225 2258 Avalon DrI 1521403013 226 2260 Avalon DrJ 1521403012 227 2262 Avalon DrI 1521403011 228 2264 Avalon DrI 1521403009 229 2266 Avalon DrI 1521403008 230 2268 Avalon Drl 1521403007 231 1 2270 Avalon DrI 1521403006 232 1 2272 Avalon Drl 1521403005 233 2274 Avalon DrI 1521401022 234 2276 Avalon DrI 1521401021 Prepared by the Division of Planning Services, 1211712008 STATE OF ILLINOIS) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on, January 5, 2009 the Corporate Authorities of the Village passed and approved Ordinance No. 2009 -02 AN ORDINANCE APPROVING A FENCE DESIGN FOR CERTAIN LOTS IN MIRIELLE PHASE 2 SUBDIVISION provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2009 -02, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing on January 6, 2009 and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 6th day of January, 2009. r ORDINANCE NO 2009- 2 AN ORDINANCE APPROVING A FENCE DESIGN FOR CERTAIN LOTS IN MIRIELLE PHASE 2 SUBDIVISION WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the recorded plat of subdivision for Mirielle Phase 2 (recorded November 14, 1995 as document number 3748373) includes a restriction concerning fences that reads as follows: "Restriction for Lots 99, 100, 101,102,106,107 and 216 thru 234 (inclusive) in Mirielle Subdivision Phase 2. Grantee, their successors and assigns, shall continue to maintain, repair, replace and renew the fence constructed along the rear property line of the above described real estate and keep the fence in good condition at all times. Any modifications or reconstruction of the fence shall be in compliance with the design approved by the Village of Buffalo Grove ( "Village "). This restriction, including but not limited to the maintenance of said fence, shall be enforceable by the Village. If the owner hereof fails to maintain the fence, the Village may enter upon the land for the purpose of maintaining said fence and impose a lien on the lot for costs and expenses of said maintenance." ("Fence Restriction"). NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, as follows: Section 1. The foregoing recitals are hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. Section 2. A five (5) foot high fence, which fence has a straight top (not scalloped), six (6) inch cedar boards and is what is commonly known as a "board on board" construction (shadowbox fence) is hereby approved as the design for the following lots in the Mirielle Phase 2 Subdivision: Lots 99, 100, 101,102,106,107 and 216 thru 234 (inclusive) in Mirielle Subdivision Phase 2, being a subdivision of part of the east half of section 21, Township 43 North, Range i1, East of the Third Principal Meridian, Lake County, Illinois, which Plat of Subdivision was recorded November 14, 1995 as document number 3748373. Section 3. Attached to and made a part of this Ordinance are the following exhibits: (i) Exhibit A which lists the lots in Mirielle subject to the Fence Restriction, the corresponding addresses and permanent index numbers, and (ii) Exhibit B which is a map depicting the lots in Mirielle subject to the Fence Restriction. EXHIBIT A Mirielle Subdivision, Phase 2 Lots subject to Uniform Fence Design Standards LOT Numbers ADDRESS PIN 99 2284 Avalon Dr 1521409005 100 2286 Avalon Dr 1521409004 101 2288 Avalon Dr - 1521409003 102 2290 Avalon Dr 1521409001 106 2174 N Avalon Ct 1521215001 107 2176 N Avalon Ct -1521205004 216 2240 Avalon Dr 217 2242 Avalon Dr 1521403021 218 2244 Avalon Dr ^T 1521403020 219 2246 Avalon Dr 1521403019 220 2248 Avalon Dr 1521403018 221 2250 Avalon Dr 1521403017 22 2252 Avalon Dr -- 1521403016 223 ------- 2254 Avalon - - - Dr I ------- I - 521403015 224 225-6 Avalon Dr 225 2258 Avalon b r 1521 403 013 226 2260 Avalon Dr 1521403012 227 2262 Avalon Dr 1521403011 ..228 2264 Avalon Dr —2- 1521403009 229 2-- -6 6--A- -v-a- -1-o-n- D- r 15-- 2-- 1-4-0-3- 0-0 8- 230 2268 Avalon Dr 1521403007 _ 231 2270 Avalon Dr 1521403006 232 2 272 Avalon Dr --- 1521403005 233 2274 Avalon Dr 1521401022 234 2276 Avalon Dr 1521401021 Prepared by the Division of Planning Services, 12(17/2008 Section 4. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 5. Any person violating any portion of this ordinance shall be punished according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal. Code. Secffon. 6. This ordinane° shall be in nmll force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 6 - Braiman, Glover, Berman. Kahn, Trilling, Rubin NAYES: 0 - None ABSENT: 0 - None PASSED: .January 5 , 2009. APPROVED: January 5 , 2009. PUBLISHED: .January 6 , 2009. ATTEST: C-Viflage Clerk 12/17/2008 This document prepared by and mail to: William G. Raysa Raysa & Zimmermann, LTD 22 S. Washington Park Ridge, Illinois 60068 APPROVED: Village President 2 v CTE CT LANE YWYN ED �T TT T 7- LJ t 2 AVALON 0 �Q 11 2310 22305 DAY B� 7 9 3 5 A 2302 �. rs ; _00 Op 0 p 00 oOO � �O N N N N N C\1 CT Z�g2 2299 2179 2194 `v cy— 2297 2181 0 2196 2295 2183 2198 z 2293 2185 2200 2201 2294 2291 2187 2202 M ?%90 29 Q 2.239 12189 2204 2287 2191' 2Hfi 2 X2$4 2281 ?2�4 ? ?? 2195 2212 S 2214 VALE D 2279 2212 23 2�9 9> 2216 / 2210 J 2221 2 9 221 ?p� / 2208 2219 220 2206 Q 2217 2203 22 2204 ¢ 2215 2205 2224 ?276 2271 � 2213 22 1 ?-2-74 2269 2202 2211 pg 2226 229 221 2228 i:777 2267 2201 CT 2207 2213 0 2230 •••••. 2265 0 2215 2232 } 2263ry °s 2217 j 2234 �• 2261 r'� to M 2219 2259 1� N N N N N 2257 223 CTS 2255 -55 cF N N Miri n1 N N N Pa Exhibit B: Mirielle Subdivision Phase 2 Lots subject to Uniform Fence Design Standards SoaN in Fad 1 M aP Prepared by the WOW= of PWn "Swvkw, 12/162008 Miriell hase eIle rk s h7a