R-21-41Laj
VILLAGE OF DEERFIELD
STATE OF ILLINOIS )
)
COUNTIES OF LAKE AND COOK ) SS
VILLAGE OF DEERFIELD )
I IIIIIII IIIIIIIIIII I III IIIIIIII II I II II III II IIII III II
Imaqe# 061868220020 Type: RES
Recorded: 02/11/2022 at 01:25:26 PM
Receipt#: 2022-00013861
Pape 1 of 20
Fees: $50.00
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
The undersigned hereby certifies that he is the duly appointed Deputy Village Clerk of the Village of
Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of
Resolution R-21-41
Dated this December 28 2021
Approving a Final Plat of Subdivision
(924 and 936 Westcliff Lane)
d'
DANIEL VAN DUSEN
Deputy Village Clerk
Prepared by and after recording return to:
Daniel Van Dusen
Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214
VILLAGE OF DEERFIELD
RESOLUTION NO. R-21-41
A RESOLUTION APPROVING A FINAL PLAT OF SUBDIVISION
(924 and 936 Westcliff Lane)
WHEREAS, Theodore D. Kuczek and Cheryl J. Kuczek, Tenants by the Entirety, are the
owners of the property commonly known as 924 Westcliff Lane, Deerfield, Illinois ("924 Westcliff
Property'); and
WHEREAS, Theodore D. Kuczek is the owner of the property commonly known as 936
Westcliff Lane, Deerfield, Illinois ("936 Westcliff Property's (the 924 Westcliff Property and the
936 Westcliff Property are, collectively, the "Property'
WHEREAS, the Property into three lots, which Property consists of approximately 35,576
square feet and is legally described in Exhibit A; and
WHEREAS, Theodore D. Kuczek and Cheryl J. Kuczek (collectively, the "Applicant')
has applied to resubdivide the Property into three lots, as depicted on that certain plat entitled Plat
of Resubdivision of the Kuczek Resubdivision, prepared by Greengard, Inc., consisting of one
sheet, with a last revision date of October 7, 2021, a copy of which is attached to and, by this
reference, made a part of this Resolution as Exhibit B ( "Final Plat of Subdivision "); and
WHEREAS, on September 20, 2021, the Village Board approved a Preliminary Plat of
Subdivision for the Property; and
WHEREAS, the Applicant has applied for approval of the Final Plat of Subdivision,
and on October 14, 2021, the Plan Commission recommended approval of the proposed Final
Plat of Resubdivision; and
WHEREAS, the Village President and Board of Trustees have determined that it will serve
and be in the best interest of the Village and its residents to approve the Final Plat of Resubdivision
for the Property;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Resolution as findings of the Village Board.
SECTION TWO: APPROVAL OF FINAL PLAT OF RESUBDIVISION. The
Final Plat of Resubdivision for the Property in substantially the form as Exhibit B is hereby
approved.
SECTION THREE: EXECUTION OF PLAT. The Mayor and the Village Clerk are
hereby authorized and directed to execute and seal, on behalf of the Village, the Final Plat of
Resubdivision.
(00122272.1)
SECTION FOUR: RECORDATION OF THE PLAT. Upon execution of the Final
Plat of Resubdivision by the Mayor and the Village Clerk, as provided in Section Three of
this Resolution, the Village Clerk is hereby directed to cause the Final Plat of Resubdivision
to be recorded in the office of the Lake County Recorder.
SECTION FIVE: EFFECTIVE DATE.
A. This Resolution will be effective only upon the occurrence of all of the following
events:
Passage by the Village Board in the manner required by law;
2. Publication in pamphlet form in the manner required by law;
3. The filing by the Applicant of a fully executed Subdivision Agreement,
in substantially the form of Exhibit C attached to and, by this
reference, made a part of this Resolution;
4. The filing by the Applicant of a fully executed Impact Fee Agreement,
in substantially the form of Exhibit D attached to and, by this
reference, made a part of this Resolution;
5. The filing by the Applicant with the Village Clerk of a fully executed
Unconditional Agreement and Consent, in the form of Exhibit E
attached to and, by this reference, made a part of this Resolution, to
indemnify the Village for any claims that may arise in connection with
the approval of this Resolution; and
6. Recordation of all exhibits as the Village Clerk deems appropriate for
recordation, with the office of the Recorder of Lake County.
B. In the event that the Applicant does not file fully executed copies of agreements
required by Section 5.A.3, 5.A.4, and 5.A.5, as required by Section 5.A of this
Resolution, within 30 days after the date of final passage of this Resolution by
the Village Board, the Village Board will have the right, in its sole discretion,
to declare this Resolution null and void and of no force or effect.
AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: November 15, 2021
APPROVED: November 16, 2021
100122272.11
RESOLUTION NO. R-21-41 ,
Daniel C. Shapiro, Mayor
ATTEST:
164�' <;�4v'
Kent S. Stre t, Village Cl rk
{00122272.1}
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
BEING A RESUBDIVISION OF LOTS 1, 2, 3, AND 4 IN BLOCK 26 IN H.M. CORNELL
COMPANY'S BRIARWOODS, A RESUBDIVISION OF BLOCKS 4, 6, 7, 8, 9, 11 AND 12,
LOTS 1 TO 24, BOTH INCLUSIVE, IN BLOCK 20, BLOCKS 21, 22, 25, 26, 27, 28 AND 29
IN H.O. STONE AND COMPANY'S ADDITION TO DEERFIELD IN SECTIONS 28 AND
29, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN LAKE COUNTY, ILLINOIS
PIN: 16-28-412-001 and 16-28-412-002
Commonly known as: 924 and 936 Westeliff Lane, Deerfield, Illinois 60015
(00122272.1)
EXHIBIT B
FINAL PLAT OF RESUBDIVISION
(00122272.11
rf
rf
PLAT INFORMATION SHEET
NUMBER OF PLAT PAGES
(IIIII IIII I III IIIII IIIII IIIII Illli III IIIII III IIII II III IIIII I II IIII
Image# 061714280002 Type: PSB
Recorded: 01/07/2022 at 11:40:07 AM
Receipt#: 2022-00001697
Page 1 of 2
Fees: $62.00
IL Rental Housing Fund: $0.00
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
File7859729
110mv
SECTION TOWNSHIP RANGE
LEGAL DESCRIPTION
CHECK (4) TYPE OF PLAT:
u ANNEXATION/DISCONNECTION
u CONDOMINIUM
j DEDICATION
u EASEMENT
a VACATION
u OTHER
SUBDIVISION (enter subdivision name on line below)
F THE PLAT RECORDED WAS LARGER THAN 11" X 17 THE
ACHED COPY HAS BEEN REDUCED FROM A SCANNED IMAGE.
;IGINAL SCALE PAPER COPIES OR DIGITAL IMAGE FILES ARE
30 AVAILABLE FOR PURCHASE — PLEASE CALL (847) 377-2575
FOR MORE INFORMATION
PlatlnfolPlat Information Coversheet for Scanning.docx
lanuary 25, 2019 8:20 AM
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EXHIBIT C
SUBDIVISION AGREEMENT
{00122272.11
PREPARED BY AND AFTER
RECORDING RETURN TO:
Elrod Friedman LLP
325 N. LaSalle Street, Suite 405
Chicago, Illinois 60654
Attention: Benjamin Schuster
SUBDIVISION AGREEMENT
(924 & 936 Westcliff Lane Resubdivision)
1� THIS AGREEMENT ("Agreement") is entered into as of this 2 34 day of
VCceM6, , 2021 ("Effective Date") Theodore D. Kuczek and Cheryl J. Kuczek-(Tenants
by the Entirety of 924 Westcliff Lane) and Theodore D. Kuczek (owner of 936 Westcliff Lane)
("Owner") and the Village of Deerfield, an Illinois municipal corporation ("Village"; and together
with the Owner, the "Parties").
WHEREAS, Owner is the owner of the properties located at 924 and 936 Westcliff Lane,
Deerfield, Illinois (the "Property"), which property is legally described in Exhibit A attached hereto
and incorporated herein; and
WHEREAS, the Property is comprised of two lots of record; and
WHEREAS, the Owner proposes to redevelop the Property with three new single-family
homes (collectively, the "Proposed Development"); and
WHEREAS, to enable the Proposed Development, the Owner has requested to
resubdivide the Property into three lots of record (the "Proposed Subdivision"); and
WHEREAS, in connection with the Proposed Development, the Owner has requested and
the Village has approved a final plat of subdivision ("Final Plat"); and
WHEREAS, the Parties desire to set forth the conditions for the approval and execution
of the Final Plat by the Village Engineer.
NOW THEREFORE, for and in consideration of the foregoing recitals, the mutual
agreements contained herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Village and Owner agree as follows:
100123091.11
The recitals set forth above are incorporated herein by this reference and
shall be deemed terms and provisions hereof, the same as if fully set forth
in this Paragraph 1.
2. The Owner must pay to the Village engineering review fees in the amount
of $2,874 prior to the Village's execution of the Final Plat; and
3. Owner acknowledges and agrees that this Agreement and the covenants
contained herein shall be rights, restrictions, agreements and covenants
running with the land, shall be recorded against the Property and shall be
binding upon and inure to the benefit of the Owner and the Village and their
respective heirs, executors, administrators, successors, assigns, agents,
licensees, invitees, and representatives, including, without limitation, all
subsequent owners of the Property, or any portion thereof, and all persons
claiming under them. If any of the rights, restrictions, agreements or
covenants created by this Agreement would otherwise be unlawful or void
for violation of (a) the rule against perpetuities or some analogous statutory
provision, (b) the rule restricting restraints on alienation, or (c) any other
statutory or common law rules imposing time limits, then such easements,
rights, restrictions, agreements or covenants shall continue only until 21
years after the death of the last survivor of the now living lawful
descendants of the current Governor of the State of Illinois.
[SIGNATURE PAGE FOLLOWS]
{00123091.11 2
ATTEST:
By:-/
SUBSCRIBED and SWORN to
before me this Z� day of
I 2021.
Notary Public
ATTEST:
By:
—!
Village Clerk
THEODORE D. KUCZEK AND CHERYL J.
KUCZEK ( TENANTS BY THE ENTIRETY OF
924 WESTCLIFF LANE) AND THEODORE
D. KUCZEK (OWNER OF 936 WESTCLIFF
LANE)
W
By:
('!-Jl 0 2314
I t-r-A 0
Its:
OFFICIAL SEAL
MICHAEL PARRILLI
rNOCARY PUBLIC, STATE OF ILLINOIS
ommission Expires April 25, 2022
100123091.11 3
DANIEL C. SHAPIRO
By:
Its: Village President
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Being a Resubdivision of Lots 1, 2, 3, and 4 in Block 26 in H.M. Cornell Company's Briarwoods,
a Resubdivision of Blocks 4, 6, 7, 8, 9, 11 and 12, Lots 1 to 24, Both Inclusive, in Block 20, Blocks
21, 22, 25, 26, 27, 28 and 29 in H.O. Stone and Company's Addition to Deerfield in Sections 28
and 29, Township 43 North, Range 12, East of the Third Principal Meridian, in Lake County, Illinois
PIN: 16-28-412-001 and 16-28-412-002
Commonly known as: 924 and 936 Westcliff Lane, Deerfield, Illinois 60015
100123091.1) 4
EXHIBIT D
IMPACT FEE AGREEMENT
{00122272.1)
PREPARED BY AND AFTER
RECORDING RETURN TO:
Elrod Friedman LLP
325 N. LaSalle Street, Suite 405
Chicago, Illinois 60654
Attention: Benjamin Schuster
IMPACT FEE AGREEMENT
(924 and 936 Westcliff Lane Resubdivision)
THIS AGREEMENT ("Agreement') is entered into as of this 23rb day of
�eeem�� r , 2021 ("Effective Date") Theodore D. Kuczek and Cheryl J. Kuczek,
(collectively, "Owner") and the Village of Deerfield, an Illinois municipal corporation ("Village";
and together with the Owner, the "Parties").
WHEREAS, Theodore D. Kuczek and Cheryl J. Kuczek, as Tenants by the Entirety, are
the owners of the property commonly known as 924 Westcliff Lane, Deerfield, Illinois ("924
Westcliff Property'; and
WHEREAS, Theodore D. Kuczek is the owner of the property commonly known as 936
Westcliff Lane, Deerfield, Illinois ("936 Westcliff Property') (the 924 Westcliff Property and the
936 Westcliff Property are, collectively, the "Property'), which Property is legally described in
Exhibit A attached hereto and incorporated herein; and
WHEREAS, the Property is comprised of two lots of record; and
WHEREAS, the Owner proposes to redevelop the Property with three new single-family
homes (collectively, the "Proposed Development'); and
WHEREAS, to enable the Proposed Development, the Owner has requested to
resubdivide the Property (the "Proposed Subdivision") into three lots of record (each a "Lot');
and
WHEREAS, in connection with the Proposed Development, the Owner has requested and
the Village has approved a final plat of subdivision ("Final Plat'); and
{00123094.1}
WHEREAS, the Village has previously adopted Ordinance No. 0-93-48 (the "Ordinance'
pursuant to its Home Rule Powers recognizing the burden placed on various governmental units
resulting from additional residential development within the Village; and
WHEREAS, the Ordinance establishes certain standards for dedication of land or payment
of fees in lieu thereof in recognition of the increased burden upon the various governmental units
in the Village resulting from additional residential development; and
WHEREAS, the Ordinance also provides a standard of value of residentially -zoned
properties within the Village as a basis for calculating impact fees in the manner required by the
Ordinance; and
WHEREAS, Section Four of the Ordinance provides for certain credits for developments
that provide their own recreation areas and facilities, and Section Eighteen of the Ordinance
grants authority to the Corporate Authorities of the Village to determine whether or not a particular
residential development will have an impact or create an impact upon other governmental units
within the Village or whether said development will have a lesser or differing impact than provided
for in the Ordinance;
NOW, THEREFORE, in consideration of the mutual covenants herein contained and other
good valuable consideration, it is agreed by and between the Village and the Owner as follows:
1. The preambles to this Agreement are a material part hereof, and are incorporated
herein as part of this Agreement.
2. The Village has conducted: (i) a review of the specific residential development
proposal presented by Owner; and (ii) a review of evidence adduced by Owner as to its efforts to
satisfy Ordinance requirements for the provision of open space or other recreational areas or
facilities by providing such area within the development and regarding whether said development
will have a lesser or differing impact than provided for in the Ordinance.
3. As a result of the foregoing, Owner agrees to pay for each Lot: (a) an impact fee
of $3,823.75 as a contribution in lieu of dedication of a school site for the benefit of the Deerfield
School District No.109; and (b) an impact fee of 2,651.25 as a contribution in lieu of dedication of
a school site for the benefit of the Deerfield Township High School District No. 113.
4. Owner further agrees to pay for each Lot an impact fee of $9,531.38 as a
contribution in lieu of dedication of land for park and recreational for the benefit of the Deerfield
Park District.
5. Owner further agrees to pay for each Lot an impact fee of $2,598.89 to the Village
as a contribution in lieu of dedication of land for Village and library site use.
6. Owner further agrees to pay an impact fee for each Lot of $19.07 as a contribution
in lieu of dedication of land for fire protection facilities to the Deerfield -Bannockburn Fire
Protection District.
7. The fees set forth in Paragraphs 3-6 above shall be payable upon the Village's
issuance to Owner of the building permit for any single-family residence on a Lot.
100123094.11 2
8. Owner agrees that all payments hereunder shall be payable to the Village and shall
be deposited with the Village Finance Director who shall be solely responsible for disbursement
of the funds to the governmental units benefited by the Ordinance.
9. The Village acknowledges and agrees that compliance by Owner with the terms of
this Agreement constitutes full compliance with the Ordinance, and the Village agrees that Owner
shall not be required to make any further or other payments of cash or dedications of land which
are not set forth in this Agreement to satisfy the Ordinance.
10. Owner waives and releases any and all claims to contest the provisions of the
Ordinance or the payments and conveyances set forth herein. Further, Owner waives and
releases any and all rights to contest the time, manner and purposes of the expenditure of any
fees paid hereunder, and specifically waives any right under Section Eight of the Ordinance for
any refund of fees not expended within 10 years.
11. It is acknowledged by Owner that any failure on its part to fully perform all aspects
of this Agreement as and when required shall entitle the Village to deny building permits for further
construction and to issue certificates of occupancy for completed residential units.
12. Owner acknowledges and agrees that this Agreement and the covenants
contained herein shall be rights, restrictions, agreements and covenants running with the land,
shall be recorded against the Property and shall be binding upon and inure to the benefit of the
Owner and the Village and their respective heirs, executors, administrators, successors, assigns,
agents, licensees, invitees, and representatives, including, without limitation, all subsequent
owners of the Property, or any portion thereof, and all persons claiming under them. If any of the
rights, restrictions, agreements or covenants created by this Agreement would otherwise be
unlawful or void for violation of (a) the rule against perpetuities or some analogous statutory
provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law
rules imposing time limits, then such easements, rights, restrictions, agreements or covenants
shall continue only until 21 years after the death of the last survivor of the now living lawful
descendants of the current Governor of the State of Illinois.
13. This Agreement may only be modified by an instrument in writing executed by all
Parties hereto. Execution of this Agreement by the Village has been duly authorized and the
appropriate action has been taken by the corporate authorities of the Village to direct its execution
on behalf of the Village.
[SIGNATURE PAGE FOLLOWS]
{00123094.1) 3
ATTEST:
By: =-r.
SUBSCRIBED and SWORN to
before me t day of
,Qem 2021
Notary Public
ATTEST:
In
SUBSCRIBED and SWORN to
befe met day of
len�tL�' 2021
t
Notary Public
ATTEST:
By
Village Clerk
THEODORE D. KUCZEK
M-
EFFICIAL SEA725,2022.�
HAEL PARR
BLIC, STATE O
on Expires A
CHERYL J. KUCZEK
By-
LI /U
L4-4c
OFFICIAL SEAL
MICHAEL PARRILLI
NOTARY PUBLIC, STATE OF ILLINOIS
My Commission Expires April 25, 2022
{00123094.1} 4
DANIEL C. SHAPIRO
By
Its: Village President
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Being a Resubdivision of Lots 1, 2, 3, and 4 in Block 26 in H.M. Cornell Company's Briarwoods,
a Resubdivision of Blocks 4, 6, 7, 8, 9, 11 and 12, Lots 1 to 24, Both Inclusive, in Block 20,
Blocks 21, 22, 25, 26, 27, 28 and 29 in H.O. Stone and Company's Addition to Deerfield in
Sections 28 and 29, Township 43 North, Range 12, East of the Third Principal Meridian, in Lake
County, Illinois
PIN: 16-28-412-001 and 16-28-412-002
Commonly known as: 924 and 936 Westcliff Lane, Deerfield, Illinois 60015
{00123094.1} 5
EXHIBIT E
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village':
WHEREAS, Theodore D. Kuczek and Cheryl J. Kuczek, Tenants by the Entirety of 924
Westcliff Lane and Theodore D. Kuczek, owner of 936 Westcliff Lane ( "Applicant ") is the record
title owners of the property commonly known as 924 and 936 Westcliff Lane, Deerfield,
Illinois, and legally described in Exhibit A attached to and, by this reference, made a part
of this Ordinance ("Property"); and
WHEREAS, Resolution No. R ZI— 4l , adopted by the Village Board on Nov. 15,
2021 ("Resolution'), grants approval of a Final Plat of Subdivision for the Property to
subdivide the Property into two lots ("Approval'); and
WHEREAS, Section 5.A.5 of the Resolution provides, among other things, that the
Resolution will be of no force or effect unless and until the Applicant has filed, within 30 days
following the passage of the Resolution, their unconditional agreement and consent to accept
and abide by each and all of the terms, conditions, and limitations set forth in the Resolution;
NOW, THEREFORE, the Applicant does hereby agree and covenant as follows:
1. The Applicant acknowledges that public notices and procedures have been
properly given and followed with respect to the adoption of the Resolution and the Approval.
3. The Applicant acknowledges and agrees that the Village is not and will not be,
in any way, liable for any damages or injuries that may be sustained as a result of the
Village's granting of the Approval or adoption of the Resolution, and that the Village's
approval of the Approval does not, and will not, in any way, be deemed to insure the Applicant
against damage or injury of any kind and at any time.
4. The Applicant hereby agrees to hold harmless and indemnify the Village, the
Village's corporate authorities, and all Village elected and appointed officials, officers,
employees, agents, representatives, and attorneys, from any and all claims that may, at any
time, be asserted against any of such parties in connection with the Village's adoption of the
Resolution granting the Approval.
[SIGNATURES ON FOLLOWING PAGE]
{00122272.1)
Dated: pccern6cr Z.�) 2021.
ATTEST:
By: �—
THEODORE D. KUCZEK AND CHERYL
J. KUCZEK AS TENANTS BY THE
ENTIRETY OF 924 WESTCLIFF LANE
AND THEODORE D. KUCZEK OWNER
OF 936 WESTCLIFF LANE
C�
{00122272.1)