O-18-11c
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Image# 057747190019 Type: ORD
Recorded: 10/23/2018 at 11:55:04 AM
Receipt#: 2018-00055969
Page 1 of 19
Fees: $50.00
Lake County IL Recorder
VILLAGE OF DEERFIELD Mary Ellen Vanderventer Recorder
File75209 V 5
STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK ) SS
VILLAGE OF DEERFIELD )
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
Ordinance 0-18-11, an Ordinance Approving Amendments to the Annexation Agreement, the
Planned Unit Developments, and Previously Approved Redevelopment Plans for the Walgreens
Corporate Campus at 100, 200, 300, 302, and 304 Wilmot Road
as appears in the records and files of the office of the Village Clerk
Dated this 9th day of October, 2018
Submitted by: 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
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-18-11
AN ORDINANCE APPROVING AMENDMENTS TO THE ANNEXATION
AGREEMENT, THE PLANNED UNIT DEVELOPMENTS, AND PREVIOUSLY
APPROVED REDEVELOPMENT PLANS FOR
THE WALGREENS CORPORATE CAMPUS
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
21 st day of May 2018.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake
and Cook Counties, Illinois,
this
21 stday of MaY , 2018.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-18-11
AN ORDINANCE APPROVING AMENDMENTS TO THE ANNEXATION
AGREEMENT AND THE PLANNED UNIT DEVELOPMENTS FOR
THE WALGREENS CORPORATE CAMPUS
WHEREAS, on September 18, 2000, the Village of Deerfield entered into an Annexation
Agreement (the "Annexation Agreement") with Walgreen Co. governing the annexation of the
property commonly known as the Walgreens Campus, with a common street address of 100, 200,
300, 302, and 304 Wilmot Road, and legally described on Exhibit A attached hereto (the
"Walgreens PUD Property"); and
WHEREAS, on September 18, 2000, pursuant to Ordinance No. 0-00-33 (the "Walgreens
PUD Ordinance"), the Village granted preliminary and final approval of a planned unit
development for the PUD Property (the "Walgreens PUD"); and
WHEREAS, on September 2, 1986, pursuant to Ordinance No. 0-86-44, and on March
17, 1988, pursuant to Ordinance No. 0-88-48 (collectively, the "'Follway North PUD
Ordinances"), the Village granted final approvals of a planned unit development for the properties
located directly to the south of the Walgreens PUD Property (the " 7`ollway North PUD"); and
WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on
March 15, 2018, on the application of Walgreen Co, the operator of the Walgreens PUD Property,
and Waltrust Properties, Inc., the owner of the Additional Property (as subsequently defined
herein) and the Walgreens PUD Property (collectively, the "Applicant"), for approval of
amendments to the Walgreens PUD Ordinance (the "Walgreens PUD Amendment") and the
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Tollway North PUD Ordinance ("Tollway North PUD Amendment) (the Walgreens PUD
Amendment and Tollway North PUD Amendment are, collectively, the "PUD Amendments") to;
(i) remove the properties with a common street address of 102, 104, 106, and 108 Wilmot Road,
and legally described on Exhibit B attached hereto (the "Additional PUD Property") from the
Tollway North PUD and place the Additional PUD Property into the Walgreens PUD (the
Additional PUD Property together with the Walgreens PUD Property are, collectively, the
"Subject Property"); and (ii) permit the Applicant to make improvements to the Subject Property,
including constructing additional parking spaces, a skywalk between several of the buildings
located on the Subject Property, and the installation of wayfinding signs (collectively, the
"Improvements"), all as provided herein and in substantial conformance with the plans and
supporting materials submitted by the Applicant, which are attached hereto as Exhibit C,
incorporated herein, and made a part of this Ordinance by reference; and
WHEREAS, the Plan Commission public hearing was held pursuant to public notice duly
given and published as required by statute and conforming in all respects, in both manner and
Form, with the Zoning Ordinance of the Village of Deerfield (the "Zoning Ordinance"); and
WHEREAS, the Plan Commission, after considering the evidence, testimony and
supporting materials offered at said public hearing, filed its report with the President and Board of
Trustees containing its written findings of fact and recommendation that the PUD Amendments to
authorize the Improvements and remove the Additional PUD Property from the Tollway North
PUD and add it to the Walgreens PUD, be authorized and approved pursuant to Article 6.01-C,
Article 12,09-G, and Article 13.11 of the Zoning Ordinance; and
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WHEREAS, the Village Board of the Village of Deerfield held a public hearing on April
16, 2018, on a proposed amendment to the Annexation Agreement (the "Annexation Agreement
Amendment") to permit the Improvements; and
WHEREAS, the President and Board of "trustees of the Village of Deerfield have
determined that the proposed PUD Amendments and Annexation Agreement Amendment fully
comply with the requirements and standards set forth in Article 6.01-C, Article 12.09-G and Article
13. l 1 of the Zoning Ordinance; and
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
determined and find that the best interests of the Village will be served by the authorization and
approval of the proposed PUD Amendments, the Annexation Agreement Amendment, and the
Improvements, all as provided herein and in substantial conformance with the plans and supporting
materials submitted by the Applicant, which are hereby incorporated and made a part of this
Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY TIIE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS,
in the exercise of its home rule powers, as follows:
SECTION 1: That the above and foregoing recitals, being material to this Ordinance, are
hereby incorporated and made a part of this Ordinance as if fully set forth herein.
SECTION 2: The Annexation Agreement Amendment by and between the Village and
the Applicant is hereby approved in substantially the form attached to this Resolution as Exhibit
D, and in a final form to be approved by the Village Manager and the Village Attorney.
SECTION 3: The Village President and Village Clerk are hereby authorized and directed
to execute and attest, on behalf'of the Village, the Annexation Agreement Amendment upon receipt
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by the Village Clerk of at least one original copy of the Annexation Agreement Amendment
executed by the Applicant; provided, however, that if the executed copy of the Annexation
Agreement Amendment is not received by the Village Clerk within 30 days after the effective date
of this Ordinance, then this authority to execute and attest will, at the option of the Village Board,
be null and void.
SECTION 4: That the President and Board of Trustees do hereby affirmatively find that
the Walgreens PUD Amendment as described herein fully complies with the requirements and
standards set forth in Article 6.01-C, Article 12.09-G and Article 13.11 of the Zoning Ordinance.
SECTION 5: That the President and Board of Trustees do hereby affirmatively find that
the Tollway North PUD Amendment as described herein fully complies with the requirements and
standards set forth in Article 6.01-C, Article 12.09-G and Article 13.11 of the Zoning Ordinance.
SECTION b: That the President and Board of Trustees do hereby authorize and approve
the PUD Amendments to permit the Improvements, all as more fully described on Exhibit C
attached hereto, subject to the further conditions, regulations and restrictions set forth in Section 7
of this Ordinance.
SECTION 7: That the approvals granted pursuant to Sections 4, 5, and 6 of this Ordinance
are granted subject to the following conditions. regulations and restrictions: (i) the Subject
Property shall be redeveloped, constructed, maintained and used in accordance with the plans and
supporting materials attached hereto and made a part of this Ordinance as Exhibit C hereof; (ii)
compliance by the Applicant with all representations made and submitted by the Applicant to the
Plan Commission and to the President and Board of Trustees of the Village of Deerfield; (iii)
compliance by the Applicant with all other applicable provisions of the Zoning Ordinance; and
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(iv) compliance by the Applicant with all other applicable provisions of the Municipal Code of the
Village of Deerfield.
SECTION 8: That the PUD Amendments described herein, and hereby authorized as
amendments to the Walgreens PUD and Tollway North PUD, shall be binding upon and inure to
the benefit of the Applicant and Applicant's successors, grantees, transferees and assigns, and any
violation of this Ordinance or the conditions, regulations and restrictions set forth herein by the
Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of this
Ordinance and the PUD Amendments as hereby authorized.
SECTION 9: That this Ordinance, and each of its terms, shall be the effective legislative
act of home rule municipality without regard to whether such Ordinance should: (a) contain terms
contrary to the provisions of current or subsequent non -preemptive state law; or, (b) legislate in a
manner or regarding a matter not delegated to municipalities by state law. It is the intent of the
corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance
should be inconsistent with any non -preemptive state law, this Ordinance shall supersede state law
in that regard within its jurisdiction.
SECTION 10: That this Ordinance shall be in full force and effect from and after
its passage, approval and publication in pamphlet form as provided by law.
[This Seelion Is Intentioncilly Omitted].
PASSED this _ 21 st day of __ May _ , 2018.
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
ABSENT: None
ABSTAIN: None
APPROVED this 21st day of Mav , 2018.
ATTEST:
Village Clerk
Village tresident
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EXHIBIT A
LEGAL DESCRIPTION OF WALGREENS PUD PROPERTY
PARCEL 1:
THAT PART OF THE EAST HALF OF THE SOUTH EAST QUARTER OF SECTION 31,
TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE 3RD P. M., DESCRIBED AS
FOLLOWS: COMMENCING AT A POINT 68 4/7 RODS NORTH OF THE SOUTH EAST
CORNER OF SAID SECTION; THENCE NORTH 516.13 FEET; THENCE WEST 80 RODS;
THENCE SOUTH 20 RODS; THENCE EAST 10 RODS; THENCE SOUTH 11 3/7 RODS;
THENCE EAST 70 RODS TO THE PLACE OF BEGINNING; ALSO THAT PART OF THE
SOUTH WEST QUARTER OF THE SOUTH EAST QUARTER AND THE WEST 10 RODS
OF THE SOUTH EAST QUARTER OF THE SOUTH EAST QUARTER OF SECTION 31,
TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE 3RD P. M., WHICH LIES NORTH
EASTERLY OF THAT PART THEREOF TAKEN BY THE ILLINOIS TOLL HIGHWAY
COMMISSION FOR THE NORTHERN ILLINOIS TOLL HIGHWAY IN CASE NO. 13890,
IN THE COUNTY COURT OF LAKE COUNTY, ILLINOIS, IN LAKE COUNTY, ILLINOIS.
EXCEPT FOR THAT PART OF THE SOUTH WEST QUARTER OF THE SOUTH EAST
QUARTER AND THE WEST 10 RODS OF THE SOUTH EAST QUARTER OF THE SOUTH
EAST QUARTER OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE
3RD P. M., DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE
NORTH EASTERLY LINE OF THAT PART TAKEN BY THE ILLINOIS TOLL HIGHWAY
COMMISSION FOR THE NORTHERN ILLINOIS TOLL HIGHWAY IN CASE NO. 13890,
IN THE COUNTY COURT OF LAKE COUNTY, ILLINOIS, WITH THE EAST LINE OF
THE WEST 10 RODS OF THE SOUTH EAST QUARTER OF THE SOUTH EAST
QUARTER OF SAID SECTION 31; THENCE NORTH ON THE EAST LINE OF SAID WEST
10 RODS, A DISTANCE OF 545.37 FEET TO A POINT 11 3/7 RODS SOUTH OF THE
NORTH LINE OF THE SOUTH EAST QUARTER OF THE SOUTH EAST QUARTER OF
SAID SECTION 31; THENCE WEST ALONG A LINE FORMING AN ANGLE TO THE
LEFT OF 90 DEGREES, 37 MINUTES, 12 SECONDS WITH THE PRECEDING LINE
EXTENDED, A DISTANCE OF 264.24 FEET TO THE NORTH EASTERLY LINE OF THE
NORTHERN ILLINOIS TOLL HIGHWAY; THENCE SOUTH EASTERLY ALONG THE
NORTH EASTERLY LINE OF SAID HIGHWAY, A DISTANCE OF 603.43 FEET TO THE
POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS.
PARCEL 2:
THAT PART OF THE SOUTH HALF OF THE NORTH WEST QUARTER OF THE SOUTH
EAST QUARTER OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE
3RD P. M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH EAST CORNER
OF THE SOUTH HALF OF THE NORTH WEST QUARTER OF THE SOUTH EAST
QUARTER OF SECTION 31; THENCE WEST ALONG THE SOUTH LINE OF SAID
QUARTER QUARTER SECTION, A DISTANCE OF 192.3 FEET; THENCE NORTH
WESTERLY ALONG A LINE FORMING AN ANGLE TO THE RIGHT OF 72 DEGREES, 40
MINUTES, 55 SECONDS, WITH THE PRECEDING LINE EXTENDED, 691.7 FEET;
THENCE EAST ALONG A LINE FORMING AN ANGLE TO THE RIGHT OF 107
DEGREES, 20 MINUTES, 05 SECONDS, WITH THE PRECEDING LINE EXTENDED, AND
ALONG THE NORTH LINE OF SAID SOUTH HALF OF THE NORTH WEST QUARTER
OF THE SOUTH EAST QUARTER OF SECTION 31, TO THE EAST LINE OF THE SAID
QUARTER QUARTER SECTION AND THENCE SOUTH ALONG THE SAID EAST LINE
OF SAID QUARTER QUARTER SECTION TO THE POINT OF BEGINNING, IN LAKE
COUNTY, ILLINOIS.
PARCEL 3:
EASEMENT FOR THE BENEFIT OF PARCELS 1 AND 2 AS RESERVED IN THE DEED
DATED FEBRUARY 24, 1969 AND RECORDED APRIL 18, 1969, AS DOCUMENT
1418103, IN LAKE COUNTY, ILLINOIS, FROM TRAVENOL LABORATORIES, INC., A
DELAWARE CORPORATION, TO THE AMERICAN NATIONAL BANK AND TRUST
COMPANY OF CHICAGO, A NATIONAL BANKING ASSOCIATION, AS TRUSTEE
UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED JUNE 30, 1966 AND
KNOWN AS TRUST NO. 23708, FOR DRIVEWAY PURPOSES AND FOR THE
INSTALLATION, MAINTENANCE, AND OPERATION OF UTILITY LINES OVER THAT
PORTION OF THE PREMISES EXCEPTED FROM PARCEL 1 LYING SOUTH WESTERLY
OF A LINE 40 FEET NORTH EASTERLY AND PARALLEL TO THE SOUTH WESTERLY
LINE OF SAID EXCEPTED PREMISES.
EASEMENT FOR THE INSTALLATION, MAINTENANCE AND OPERATION OF
UTILITY LINES AND FOR DRIVEWAY PURPOSES FOR THE BENEFIT OF PARCELS 1
AND 2 OVER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY: THAT PART
OF THE SOUTH EAST QUARTER OF THE SOUTH EAST QUARTER OF SECTION 31,
TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE 3RD M., DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 34 AND 2/7 RODS NORTH OF THE SOUTH LINE OF SAID
SECTION 31 AND 70 RODS WEST OF THE EAST LINE OF SAID SECTION 31; THENCE
NORTH 0 DEGREES 00 MINUTES PARALLEL TO SAID EAST LINE OF SAID SECTION
31 FOR A DISTANCE OF 78.19 FEET; THENCE SOUTH 25 DEGREES 55 MINUTES EAST
FOR A DISTANCE OF 57.20 FEET; THENCE SOUTH 0 DEGREES 00 MINUTES FOR A
DISTANCE OF 27.18 FEET; THENCE SOUTH 89 DEGREES 15 MINUTES WEST FOR A
DISTANCE OF 25.00 FEET TO THE PLACE OF BEGINNING, AS CREATED BY A
GRANT OF EASEMENT BY AND BETWEEN AMERICAN NATIONAL BANK AND
TRUST COMPANY OF CHICAGO, AS TRUSTEE UNDER TRUST AGREEMENT DATED
JUNE 30, 1966 AND KNOWN AS TRUST NO.23708 AND TRAVENOL LABORATORIES,
INC., DATED MARCH 27, 1969 AND RECORDED APRIL 18, 1969 AS DOCUMENT
1418104, IN LAKE COUNTY, ILLINOIS.
TRACT 2
PARCELI:
LOT 2 IN HYATT DEERFIELD OFFICE CAMPUS SUBDIVISION (EXCEPT THAT PART
THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY
MOST CORNER OF SAID LOT 2; THENCE SOUTH 00 DEGREES 00 MINUTES 00
SECONDS WEST ALONG THE EASTERLY LINE OF SAID LOT 2, A DISTANCE OF
338.20 FEET TO A CORNER OF SAID LOT 2; THENCE SOUTH 89 DEGREES 49
MINUTES 18 SECONDS WEST, ALONG A SOUTHERLY LINE OF SAID LOT 2, A
DISTANCE OF 90.27 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00
DEGREES 05 MINUTES 11 SECONDS WEST, 20.12 FEET; THENCE SOUTH 89 DEGREES
54 MINUTES 49 SECONDS WEST, 25.96 FEET; THENCE SOUTH 00 DEGREES 05
MINUTES 11 SECONDS WEST, 20.17 FEET TO A POINT ON SAID SOUTHERLY LINE;
THENCE NORTH 89 DEGREES 49 MINUTES 18 SECONDS EAST ALONG SAID
SOUTHERLY LINE, 25.96 FEET TO THE POINT OF BEGINNING), BEING A
SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 43
NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED JULY 16, 1997 AS DOCUMENT 3993759, IN LAKE
COUNTY, ILLINOIS.
PARCEL 2:
THOSE NON-EXCLUSIVE EASEMENT RIGHTS CONTAINED IN DECLARATION OF
CROSS EASEMENT FOR INGRESS, EGRESS AND PARKING OVER AND ACROSS THE
NORTH 100 FEET OF THE FOLLOWING DESCRIBED PARCEL, TO -WIT: THAT PART
OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 43 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
TO -WIT: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 31;
THENCE RUNNING NORTH 34 2/7 RODS; THENCE WEST 70 RODS; THENCE SOUTH
34 2/7 RODS; THENCE EAST 70 RODS TO THE POINT OF BEGINNING (EXCEPT THAT
PART THEREOF TAKEN BY THE ILLINOIS TOLL HIGHWAY COMMISSION FOR THE
NORTHERN ILLINOIS TOLL HIGHWAY CASE NO, 13890 IN COUNTY COURT OF
LAKE COUNTY, ILLINOIS) AND (EXCEPT THAT PART CONVEYED TO THE COUNTY
OF LAKE BY DEED RECORDED FEBRUARY 5, 1975 BY DOCUMENT 1696689), IN
LAKE COUNTY, ILLINOIS, AS CONTAINED IN DECLARATION RECORDED JUNE 30,
1983 AS DOCUMENT 2222099 AND MODIFIED BY DOCUMENT 2465852 RECORDED
JULY 29, 1986, AND AMENDED BY SECOND AMENDMENT TO DECLARATION OF
CROSS EASEMENT RECORDED DECEMBER 20, 2000 AS DOCUMENT 4623212, IN
LAKE COUNTY, ILLINOIS.
PARCEL 3:
NON-EXCLUSIVE EASEMENT FOR USE, INGRESS AND EGRESS IN, TO, OVER AND
ACROSS `FIFTH ACCESS ROAD' AS CREATED, DEFINED AND LIMITED BY
DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS AND EASEMENT
DATED JULY 17, 1986 AND RECORDED AS DOCUMENT 2465854, BY AND AMONG
HT-DEERFIELD, INC., LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST
AGREEMENT DATED, JUNE 21, 1984 AND KNOWN AS TRUST 108870 AND LASALLE
NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED JUNE 21, 1983
AND KNOWN AS TRUST NO. 106579; AND AS SHOWN AND LOCATED ON EXHIBIT
B-I I TO SAID DECLARATION AND AMENDED BY FIRST AMENDMENT TO
DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS AND EASEMENTS,
RECORDED DECEMBER 20, 2000 AS DOCUMENT 4623211, IN LAKE COUNTY
ILLINOIS.
PARCEL 4:
NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF
PARCEL 1 AS CREATED IN INSTRUMENT DATED APRIL 13, 1999 AND RECORDED
SEPTEMBER 9,1999 AS DOCUMENT 4416593, IN LAKE COUNTY, ILLINOIS.
TRACT 3:
PARCELI:
LOT 1 IN HYATT DEERFIELD OFFICE CAMPUS SUBDIVISION, BEING A
SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 43
NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED JULY 16, 1997 AS DOCUMENT 3993759, IN LAKE
COUNTY, ILLINOIS.
PARCEL 2:
THAT PART OF LOT 2 IN HYATT DEERFIELD OFFICE CAMPUS SUBDIVISION
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY MOST
CORNER OF SAID LOT 2; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS
WEST ALONG THE EASTERLY LINE OF SAID LOT 2, A DISTANCE OF 338.20 FEET TO
A CORNER OF SAID LOT 2; THENCE SOUTH 89 DEGREES 49 MINUTES 18 SECONDS
WEST, ALONG A SOUTHERLY LINE OF SAID LOT 2, A DISTANCE OF 90.27 FEET TO
THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 05 MINUTES 11 SECONDS
WEST, 20.12 FEET; THENCE SOUTH 89 DEGREES 54 MINUTES 49 SECONDS WEST,
25.96 FEET; THENCE SOUTH 00 DEGREES 05 MINUTES 11 SECONDS WEST. 20.17
FEET TO A POINT ON SAID SOUTHERLY LINE, THENCE NORTH 89 DEGREES 49
MINUTES 18 SECONDS EAST ALONG SAID SOUTHERLY LINE, 25.96 FEET TO THE
POINT OF BEGINNING, BEING A SUBDIVISION OF PART OF THE SOUTHEAST'/ OF
SECTION 31, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1997 AS
DOCUMENT 3993759, IN LAKE COUNTY, ILLINOIS.
PARCEL 3:
THOSE NON-EXCLUSIVE EASEMENT RIGHTS CONTAINED IN DECLARATION OF
CROSS EASEMENT FOR INGRESS, EGRESS AND PARKING OVER AND ACROSS THE
NORTH 100 FEET OF THE FOLLOWING DESCRIBED PARCEL, TO -WIT: THAT PART
OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 43 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS,
TO -WIT• COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 31:
THENCE RUNNING NORTH 34 Z/7 RODS: THENCE WEST 70 RODS; THENCE SOUTH
34 2/7 RODS; THENCE EAST 70 RODS TO THE POINT OF BEGINNING. (EXCEPT THAT
PART THEREOF TAKEN BY THE ILLINOIS TOLL HIGHWAY COMMISSION FOR THE
NORTHERN ILLINOIS TOLL HIGHWAY CASE NO. 13890 IN COUNTY COURT OF
LAKE COUNTY, ILLINOIS) AND (EXCEPT THAT PART CONVEYED TO THE COUNTY
OF LAKE BY DEED RECORDED FEBRUARY 5, 1975 BY DOCUMENT 1696683 IN LAKE
COUNTY, ILLINOIS, AS CONTAINED IN DECLARATION RECORDED JUNE 30, 1983
AS DOCUMENT 2222099 AS MODIFIED BY DOCUMENT 2465852 RECORDED JULY 29,
1986 AND BY SECOND AMENDMENT RECORDED DECEMBER 20, 2000 AS
DOCUMENT 4623212.
NON-EXCLUSIVE EASEMENT FOR REPAIR, MAINTENANCE, USE, INGRESS AND
EGRESS IN, TO, OVER AND ACROSS NORTH ACCESS ROAD AS CREATED, DEFINED
AND LIMITED BY DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS
AND EASEMENT DATED JULY 17, 1986 AND RECORDED AS DOCUMENT 2465854, BY
AND AMONG HT-DEERFIELD, INC., LASALLE NATIONAL BANK, AS TRUSTEE
UNDER TRUST AGREEMENT DATED JUNE 21, 1984 AND KNOWN AS TRUST NO.
108870 AND LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT
DATED JUNE 21, 1983 AND KNOWN AS TRUST NO. 106579; AND AS SHOWN AND
LOCATED ON EXHIBIT B-4 TO SAID DECLARATION
TRACT 4:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 43 NORTH,
RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT 100 RODS NORTH OF THE SOUTHEAST CORNER OF
SAID SECTION; THENCE NORTH 30 RODS; THENCE WEST 80 RODS; THENCE SOUTH
30 RODS; THENCE EAST 80 RODS TO THE POINT OF BEGINNING, IN LAKE COUNTY,
ILLINOIS.
EXIHIBIT B
LEGAL DESCRIPTION OF ADDITIONAL PUD PROPERTY
Lot 1 and part of Lot 2 of Hyatt Deerfield Office Campus Subdivision, being a part of the
Southwest 1/4 and the Southeast 1/4 of the Southeast 1/4 of Section 31, Township 43 North,
Range 12 East of the 3rd P.M. described as follows: Commencing at the Southeast corner of said
Southeast 1/4 Section; thence due North along the East line of said 1/4 Section 565.71 feet to a
point; thence South 89° 15'00" West 50.00 feet to a point on the West line of Wilmot Road also
the South line of Lot 1 of Hyatt Deerfield Office Campus Subdivision and the point of beginning
of lands described hereinafter; thence continue South 89°15'00" West along said South line
847.98 feet to a point on the West line of said Lot 1; thence due North along said West line
111.14 feet to a point; thence North 89157'26" West 184.00 feet to a point; thence due North
along said West line 115.66 feet to a point to a point on a South line of said Lot 2; thence North
89'49'18" East along said South line 67.71 feet to a point; thence North 00'05'11" East 20.17
feet to a point; thence North 89°54'49" East 25.96 feet to a point; thence South 00'05'11" East
20.12 feet to a point on said South line; thence North 89'49'18" East along said South line 90.27
feet to a point on the West line of said Lot 1; thence due North along said West line 338.20 feet
to a point on the North line of said Lot 1; thence North 89°15'00" East along said North line
847.98 feet to a point; thence due South along said West line 565.71 to the point of beginning.
Exhibit C
DOCUMENTS INCORPORATED AS PART OF AN AMENDMENT TO THE
WALGREENS PLANNED UNIT DEVELOPMENT
1. The Overall Site Plan, consisting of one sheet and prepared by Stantec, with a latest
revision date of March 6, 2018.
2. The Skywalk Plans, consisting of 8 sheets and prepared by AECOM, with a latest revision
date of February 22, 2018.
3. The Parking Expansion Plans, consisting of 10 sheets and prepared by Stantec, with a latest
revision date of February 22, 2018.
4. The Photometric Plans, consisting of 3 sheets and prepared by Stantec, with a latest
revision date of February 22, 2018,
5. The Signage and Branding Plan, consisting of 20 sheets and prepared by Kieffer/Starlite,
with a latest revision date of February 22, 2018. 11
EXHIBIT D
FIRST AMENDMENT TO ANNEXATION AGREEMENT
THIS INSTRUMENT PREPARED BY
AND AFTER RECORDING RETURN
TO:
THIS FIRST AMENDMENT ("AMENDMENT") TO THE
ANNEXATION AGREEMENT entered into by the Village of Deerfield,
Illinois (hereinafter the "VILLAGE") and Walgreen Co, dated September 18,
2000 ("THE AGREEMENT"), is made and entered into between the Village
and Walgreen Co ("WALGREENS") as the developer and operator
("DEVELOPER") of the Walgreens Campus on Wilmot Road ("CAMPUS")
and Walrust Properties Inc. ("WALTRUST"), as owner of the Campus,
(collectively "the Parties").
RECITALS
A. Waltrust owns the Campus, as was annexed into the Village by
the Agreement. The Campus is legally described on Exhibit A. ("THE
ANNEXED PROPERTY").
B. Walgreens operates the Campus as the headquarters of
Walgreen Co. and Walgreens Boots Alliance Inc.
C. The Campus, including portions thereof which was not part of
the Annexed Property is included within an I -Office, Research, Restricted
District and Planned Unit Development ("THE PUD").
D. In conjunction with the Amendment, Walgreens has applied for
an revision.to the PUD which includes the construction of a raised and
enclosed pedestrian bridge providing access to a number of the existing
buildings, revisions to the existing parking lots and access routes,
construction of a new parking lot, revisions to the signage on the Campus,
and the addition of certain portions property containing the 102,104, 106
and 108 Wilmot Road Buildings, parking structure and central power plant.,
( collectively, THE IMPROVEMENTS").
E. Waltrust and Walgreens has determined the need to revise
certain aspects of the physical improvements on the Campus in order to
best serve the needs of their operations, and to amend the Agreement to
accommodate the changes in use of the Campus, as more fully described
herein.
F. The Village, after due and careful consideration has concluded
that the Amendment on the terms and conditions hereinafter set forth,
would further the growth of the Village and better accommodate an
important corporate citizen of the Village.
G. Pursuant to the provisions of Section 5/11-15.1-1 of the Illinois
Municipal Code (Chapter 65, ILCS) a proposed Amendment to the
Agreement, in substantially the same form and substance as this
Amendment, was submitted to the Village and a public hearing held on
1p 2018 pursuant to notice as provided by statute and
ordinance.
NOW THEREFORE, in consideration of the mutual covenants and
agreements herein contained, it is hereby agreed by and between the
Parties as follows:
1. ALg)licable Law: This Amendment is made pursuant to and in
accordance with provisions of Section 5/11-15.1, et.seq., of the Illinois
Municipal Code (Chapter 65, ILCS.
2. Term: The term of the Agreement shall remain as it
currently exists, which ends September 18t', 2020.
3. Reaffirmation: The terms and conditions of the Agreement,
except as revised herein remain in full force and effect.
4. PUD PLANS: Paragraph 5 of the Agreement is hereby
amended so as to allow for substitution of the new site plans, landscape
I n ,elevations, signage plans and traffic and parking study, dated
(collectively referred to as the "FINAL DEVELOPMENT PLAN")
inc uded herein as Exhibit B, in place of Exhibit C of the Agreement. In
addition Walgreens is withdrawing any approval of the previously
referenced 100 Wilmot new office building and related site improvements.
The Final Development Plan will be approved by the Village and become
part of the Walgreens PUD.
5. PARKING RATIO: Paragraph 9 of the Agreement notes
that the parking ratio for the Campus is required to be .8 parking spaces for
each employee working at the Subject Property (which is the defined term
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in the Agreement) The required parking ratio for the Campus is hereby
amended so that .7 parking spaces for each work station located within the
Campus buildings shall be the required number of parking spaces for the
Campus. This revision to the ratio within the Agreement is based on the
Traffic and Parking Study provided within the Final Development Plan.
6. GROSS BUILDING AREA: Paragraph 10 of the Agreement is
amended _ so as to read the gross building area in the campus shall be
[01 _ , as calculated per the requirements of the revised
Walgreens PUD.
7. LANDSCAPE PLAN: The landscape plan as submitted as
Exhibit D of the Agreement is withdrawn and in substitution the landscape
plan submitted and included as part of Walgreens Final Development Plan
is hereby substituted.
B. CONFLICT IN TERMS AND CONDITIONS: If there is a
conflict between the terms and conditions of the Agreement, this
Amendment and the hereinafter approved Walgreens PUD, the PUD
controls, as hereinafter amended.
IN WITNESS WHEREOF, the Village, Walgreen Co and Waltrust
Properties Inc., have each caused this instrument to be executed by their
appropriate representatives on the day and year first above written.
Attest:
corporation
Village of Deerfield, Illinois, a
Municipal corporation
Walg een Co, an Illinois
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Attest:
0
Waltrust Properties Inc., a
Delaware' gi Corporation
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Attest: y
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