O-73-59ORDINANCE NO. 0 -73- 59
AN ORDINANCE AMENDING SECTIONS 15.024 and 15.024A OF
CHAPTER 15 OF THE MUNICIPAL CODE OF DEERFIELD
Published in pamphlet form
this 15th day of October
1973, by the President and
Board of Trustees of Deerfield.
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ORDINANCE NO. 0 -73- 59
AN ORDINANCE AMENDING SECTIONS 15.024 and 15.024A OF
CHAPTER 15' OF 'THE MUNICIPAL CODE OF 'DEERFIELD
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS
AS FOLLOWS:
SECTION That Section 15.024 of Chapter 15 of the
ONE: Municipal Code of Deerfield of 1963, as
amended, be and the same is hereby further amended by adding
to the end of the first paragraph of said Section the following
phrase:
except that this Section does not apply to the
sale, gift or delivery of beer and wine to
persons under the age of 21 years but at least
19 years of age.
and by deleting the second paragraph of said Section in its entirety
and substituting in lieu thereof the following:
It shall be unlawful for any person under the
age of 21 years or any person under the'age of
19 years with respect to the purchase or obtain-
ing of beer or wine to misrepresent his or her
age,for the purpose of purchasing or obtaining
alcoholic liquor at any tavern or any other
place in the Village where liquor is sold..
"SECTI'ON That Subsection 15.024A of Chapter 15 of the
TWO: Municipal Code of Deerfield of 1963; as amended,
be and the same is hereby further amended by deleting the third
paragraph of said Subsection in its entirety and substituting in
lieu thereof the following:
No person shall transfer, alter or deface such
an identification card; use the identification
card of another; carry or use a false or forged
identification card; or obtain an identification
card by means of false information. No person
shall purchase, accept delivery or have posses-
sion of alcoholic liquor in violation of this
Section. The consumption of alcoholic liquor
by any minor is forbidden, except that a person
at least 19 years of age may consume beer and
wine.
SECTION That all ordinances or parts of ordinances
THREE: in conflict herewith are, to the extent of
such conflicT t, hereby repealed.
SECT -ION That the Village Clerk is hereby directed to
FOUR:, publish this Ordinance in pamphlet form.
SECTION That this Ordinance shall be in full force and
FIVE:, effect from and after its passage,.approval and
publication as provided by law.
AYES: SIX (6)
NAYS: NONE (0)
ABSENT: NONE (0)
PASSED this '15th- • day of :October .. : . : . A. D.- 1973.
APPROVED this 15th day of October A.D. 1973.
VILLAGE PRESIDENT
ATTEST:
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VILLAGE CLERK
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ORDINANCE NO. 0 -74- 59
AN ORDINANCE AMENDING THE ZONING MAP AND
AUTHORIZING A SPECIAL USE - PLANNED BUSINESS DEVELOPMENT
(Florence Avenue Properties)
WHEREAS, the Plan Commission of the Village of Deerfield has hereto-
fore held a public hearing on the application of Karl Pantle, James
Di Pietro, First National Bank of Lake Forest, as Trustee under Trust No.
3594, American National Bank and Trust Company of Chicago as Trustee under
Trust No. 32388, John Muno, Elizabeth Muno, Chicago Title and Trust Company,
as Trustee under Trust No. 62788, First National Bank and Trust Company of
Evanston, as Trustee under Trust No. R -1593, the First National Bank of
Albany Park, as Trustee under Trust No. 11 -1926 and Salvatore C. Buccola
for the classification of certain real estate proposed to be annexed to the
Village and hereinafter described, in the B- Business District and the
approval of the development of said real estate as a Special Use - Planned
Business Development, under and pursuant to the provisions of Sections
XIII,D,3,5,. XIII,D,4, XIII,D,S and XXIII of the Zoning Ordinance of the
Village of Deerfield; and
WHEREAS, said hearing was held pursuant to duly published notice
thereof and was in all respects held according to law; and
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WHEREAS, the Plan Commission of the Village of Deerfield, after con-
sidering the evidence adduced, made certain findings of fact including express
findings of fact of compliance with the provisions of Sections XIII,D,5 and
XXIII,B,3 of the Zoning Ordinance of the Village of Deerfield and recommended N
that said real estate be classified in the B- Business District and that the
Special Use of said real estate as a Planned Business Development be approved
subject to certain conditions and restrictions hereinafter set forth; and �
WHEREAS, the President and Board of Trustees of the Village of Deerfield
have determined that the best interests of the Village will be served by the O^
classification of said real estate as requested with the authorization and
granting of said Special Use - Planned Business Development in accordance with
• certain Plan of Development marked Exhibit "B" and attached hereto and made V
• part hereof and that certain exceptions and variations from the otherwise 1
applicable regulations of this Ordinance are warranted.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS AS FOLLOWS:
SECTION That the Zoning Map of the Village of Deerfield included
ONE: and made a part of the Village Zoning Ordinance, passed
May 4, 1953, as amended, is hereby further amended by zoning
and classifying the property described in Exhibit "A" attached hereto and
made a part hereof in the B- Business District.
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SECTION That the President and Board of Trustees do hereby affirmatively
TWO: find that the special use, as hereby authorized, fully com-
plies with the requirements and standards as 'set forth in
Section XIII,D,5 and Section XXIII,B,3 of the Village Zoning Ordinance, and
the special use of the real estate, as and for purposes of a Planned Business
Development as set forth and described on the attached Plan of Development,
which Plan (Exhibit "B ") is made a part of this Ordinance, be and the same
is hereby authorized and approved subject to the conditions hereinafter set
forth.
SECTION That certain exceptions and variations from the otherwise
THREE: application regulations of the Deerfield Zoning Ordinance
and additional conditions, as set. forth and contained in a
certain Annexation Agreement dated September 3, 1974, by and between the
Village of Deerfield and Karl Pantle, James DiPietro, First National Bank
of Lake Forest, as Trustee under Trust No. 3594, American National Bank and
Trust Company of Chicago, as Trustee under Trust No. 32388, John Muno,
Elizabeth Muno, Chicago Title and Trust Company, as Trustee under Trust
No. 62788, First National Bank and Trust Company of Evanston, as Trustee
under Trust No. R -1593, The First National Bank of Albany Park, as Trustee
under Trust No. 11 -1926, and Salvatore C. Buccola (a copy of which marked
Exhibit "C" is attached hereto and made a part hereof), be and.they are hereby
approved, authorized and granted provided that the approval hereby given to
the Special Use - Planned Business Development of the real estate above des-
cribed and the exceptions and variations hereby authorized are all subject to
the conditions and restrictions set forth in said Annexation Agreement and
to the strict compliance by the Owners, Contract Purchasers and Developers;
and their heirs, successors and assigns with all the,terms, conditions and
provisions of said Agreement.
SECTION That no building or other permits shall be approved or
FOUR: issued with respect to the development of or construction on
the real estate hereinabove described except as the applica-
tions, plans and specifications therefor are in full compliance with the N
terms, conditions and provisions of said Annexation Agreement, this Ordinance (V
and all other applicable ordinances of the Village except as modified or 07
varied by the terms hereof, and no change, modification or deviation shall G_
be made from the terms, conditions and provisions of this Ordinance and -P
said Annexation Agreement except upon the express approval of the President N
and Board of Trustees of the Village of Deerfield; further no permits for
construction or development of the real estate hereinabove described shall Cr
be issued unless at the time of issuance thereof the Owners, Contract
Purchasers and Developers and their heirs, successors and assigns have currently
complied with all conditions, requirements, obligations and duties imposed
upon them under the terms of this Ordinance and said Agreement.
SECTION That any violation of the conditions hereinabove set forth
FIVE: shall authorize the revocation of the special use hereby
authorized.
SECTION That the Village Clerk is hereby directed to publish
SIX: this Ordinance in pamphlet form.
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SECTION That this Ordinance shall be in full force and effect
SEVEN: from and after its passage, approval and publication, as
provided by law.
AYES: Finne, Gavin, Moate, Moses, Stiehr (5)
NAYS: None (0)
ABSENT: Kelm (1)
PASSED this 3rd day of SEptember A.D., 1974
APPROVED this 3rd day of September A.D., 1974
VILLAGE PRESIDENT
ATTEST:
VILLAGE CLERK
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STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK ) SS
VILLAGE OF DEERFIELD )
The undersigned hereby certifies that she is the duly elected
and acting Village Clerk of the Village of Deerfield, Lake and Cook
Counties, Illinois, and that the foregoing ordinance No. 0- 74 -59,
entitled "AN ORDINANCE AMENDING THE ZONING MAP AND AUTHORIZING A
SPECIAL USE - PLANNED BUSINESS DEVELOPMENT (Florence Avenue Properties),"
is a true and accurate copy of an ordinance passed by the President
and Board of Trustees of the said Village at a regular meeting there-
of on the 3rd day of September, 1974,. all as appears in the records
and files of my office.
DATED this 5th day of September, 1974.
" ��7j' •.•�� ' +�..`;•��!; Catherine B. Price
Village Clerk
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Lot 1 (except that part taken for Lake Cook Road as per
Doc. 10627383; all of Lots 2, 3, 4, 501* 6, 7, 8, and that
part of Lot 9 bounded and described as follows: Commencing
at the Southwest corner of said Lot 9:; thence North 89 °- 56' -31"
East along the South line of said Lot 9, a distance of 66.28
feet to the point of beginning for said parcel; thence North
89 °- 56' -31" East along the South line of said Lot 9, a distance
of 309.82 f - -t to the Southeast corner of said Lot 9; thence
North 250- 12' -54" West along the East line of said Lot 9, a
distance of 158.00 feet; thence South 89 °- 56' -31" West a distance t
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of 133.10 feet; thence South 370- 23' -50" West, a distance of.
180.15 feet to the point of beginning, all being in Downey's f;
Cook County Country Home Addition to Deerfield, a subdivision t�
of part of the North half of Section 4, Township 42 North,
Range 12 East of the Third Principal Meridian, according to
the Plat thereof recorded July 27, 1914, as Document 5464976;`
also all of that part of Florence Avenue,as laid out in said �P
subdivision aforesaid, which lies South of and adjoining that
part taken for Lake Cook..Road as per Document 10627383, in (�
Cook County, Illinois.
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ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this 3rd day of
September , 1974, by and between the VILLAGE OF DEERFIELD,
a Municipal corporation of the State of Illinois (hereinafter
referred to as "Village "), by and through its Mayor and Board
of Trustees, and KARL PANTLE, THE FIRST NATIONAL BANK OF LAKE
FOREST, as Trustee under Trust No. 3594; JAMES DI PIETRO;
AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee
under Trust No. 32388, dated October 18, 1973; JOHN MUNO and
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ELIZABETH MUNO, his wife; CHICAGO TITLE AND TRUST COMPANY, as
Trustee under Trust No. 62788, dated August 15., 1973; FIRST
NATIONAL BANK AND TRUST COMPANY OF EVANSTON, NOT PERSONALLY BUT
as Trustee under Trust No. R1593, dated September 4, 1972; and
THE NATIONAL BANK OF ALBANY PARK IN CHICAGO, as Trustee under.Trust
No. 11 -1926 (hereinafter collectively referred to as "Owners "),
and JAMES DI PIETRO and SALVATORE C. BUCCOLA (hereinafter col-
lectively referred to as "Developers "), fv
w i t n e s s e t h:
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WHEREAS, Karl Pantie is the owner of record of certain.
real estate, the legal description of which is set forth on
Exhibit 1, which is attached hereto and made a part hereof (here-
inafter referred to as "Parcel lA "), which real estate is contig-
uous to the corporate limits of the Village of Deerfield, and
Developers have a contractual right to purchase; and
WHEREAS, James DiPietro is the owner of record of certain
real estate, the legal description of which is set forth on
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Exhibit 2, which is attached hereto and made a part hereof
(hereinafter referred to as "Parcel 1B ") which rea.l estate
adjoins, abuts and is contiguous to Parcel 1A; and
WHEREAS, the First National Bank of Lake Forest, as Trustee
under Trust No. 3594, is the owner of record of certain real
estate, the legal description of which is set forth on Exhibit 3,
attached hereto and made a part hereof, which real estate adjoins,
abuts and is contiguous to Parcels IA and 1B, and which real
estate Developers have a contractual right to purchase; and
WHEREAS, the American National Bank and Trust Company of
Chicago, as Trustee under Trust No. 32388, dated October 18,
1973, is the owner of record of certain real estate, the legal
description of which is set forth•in Exhibit 4, attached hereto
and made a part hereof (hereinafter referred.to as Parcels 3 and
4), and which real estate adjoins and abuts and is contiguous
to Parcel 2; and
WHEREAS, John Muno and Elizabeth Muno, his wife, are.the
owners of record of certain real estate,.the legal description
of which is set forth on Exhibit 5, attached',-.hereto and made a
part hereof, and which real estate is hereinafter referred to ,
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as Parcel 5, and adjoins and abuts and is contiguous to Parcels
3 and 4, and which real estate Developers have a contractual ap�
right to purchase; and �)
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WHEREAS, Chicago Title and Trust Company, as Trustee under
Trust No. 62788, dated August 15, 1973, is the record owner
of certain real estate, the legal description of which is set
forth on'Exhibit 6, attached hereto and made a part hereof (herein-
after referred to as Parcel 6), which real estate.is contiguous
to the corporate limits of the Village of Deerfield, and which
real. estate Developers have a contractual right to purchase; and
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WHEREAS,.the First National Bank and Trust Company of
NOT PERSONALLY BUT
Evanston, /as Trustee under Trust No. R1593, dated September 4,
1972, is the record owner of certain real estate, the legal des-
cription of which is set forth on Exhibit 7, attached hereto
and made a part hereof, and hereinafter referred to as Parcel 7,
which real estate adjoins, abuts and is contiguous to Parcel 6,
and to.which real estate the Developers have a contractual right
to purchase; and
The in Chicago
WHEREAS, the 1X /National Bank of Albany Park, /as Trustee
under Trust No. 11 -1926, is the record owner of certain real
estate, the legal description'of which is set forth on Exhibit
8, attached hereto and made a part hereof (hereinafter referred to
as "Parcel 811) and which real estate adjoins, abuts and is con-
tiguous to Parcel 7, and to which real estate Developers have a
contractual right to purchase; and
WHEREAS, Parcels lA through Parcel 8, inclusive, together
constitute, territory which is contiguous to and may be annexed
to the Village of Deerfield,-as provided in Article 7 of the
Illinois Municipal Code (Chapter 24 Illinois Revised Statutes]
1973); and
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WHEREAS, the Owners desire to have said Parcels 1A•through
8, inclusive, annexed to the. Village of Deerfield, and developed i
by Developer as a Planned Unit Development,.in accordance with
the Plan of Development for the real estate, as prepared by
Bonesz, Maas, Buccola, Architects, which Plan of Development
dated April 11, 1974, is attached hereto and made a part
hereof as Exhibit "A," in accordance with the terms and conditions
of this Agreement; and
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1,
WHEREAS, said Plan of Development indicates the proposed
building boundaries to be used for retail sales, recreational
purposes and related uses by various tenants, site boundaries,
gross building floor area, ground coverage, parking capacity and
other pertinent data; and
WHEREAS, all of the parties hereto desire that the real
estate be developed in substantial compliance with said Plan
of Development; and
WHEREAS, pursuant to the provisons of Section 11- 15:1 -1
et seq., of the Illinois Municipal Code (Chapter 24, Illinois
Revised Statutes, 1973), a proposed Annexation Agreement in sub-
stance and in the same form of this Agreement was submitted to
the corporate authorities of the Village of Deerfield, and a
public hearing was held thereon pursuant to notice, as provided
by Statute; and
WHEREAS, pursuant to notice as required by Statute and
Ordinance, a public hearing was held by the Plan Commission of the
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Village of Deerfield, on the requested zoning classification, an8v
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approval of a Planned Unit Development, and recommendations made
by said Commission were submitted to the Village Board; and
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WHEREAS, the corporate authorities of the Village, after
due and careful consideration, have concluded that the annexation
of said real estate to the Village and the development of the
real estate in accordance with the Plan, on the terms and
conditions hereinafter set forth, would further the growth of
the Village, enable the Village to control the development of
the area, and subserve the best interests of the Village;
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If
NOW, THEREFORE, in consideration of the premises, and the
mutual covenants and agreements herein contained, IT IS HEREBY
AGREED AS FOLLOWS:
1. This Agreement is made pursuant to and in accordance
with the provisions of Section 11- 15.1 -1, et seq., of the
Illinois Municipal Code (Chapter 24 Illinois.Revised Statutes
1973).
2. The Owners, upon execution of this Agreement will file
with the Village Clerk of the Village, a duly executed Petition
for Annexation of Parcels lAthrough 8, inclusive, including the
entire street known as Florence Avenue, conditioned on the terms
and provisions of this Agreement.
3. The Village, upon the execution of this Agreement,
and upon the filing of a proper Petition by the Owners, as
hereinabove provided, will enact an Ordinance annexing the
real estate described in Exhibit 1 through 8 inclusive, including
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the street known as Florence Avenue, to the Village, and Developer
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will pay such acreage annexation fees as are specifically des - 0�,
cribed herein. ►v
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4. The Village hereby approves the Plan of Development as (b
set forth on Exhibit A, and as further described and limited by
the terms hereof, and the parties hereto agree that the real estate
to be annexed shall be developed only in substantial compliance
with said Plan of Development, and the terms hereof, except as
to any changes or modifications which may hereinafter be mutually
agreed upon. In connection with said Plan of Development, it
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is understood and agreed that the Plan, among other things,
provides for the following:
A. Total land area;
B. The total area covered by the buildings
to be erected on the land;
C. The total number of square feet of floor
area;
D.. The total number of parking spaces and the
total parking area;
E. The location of a private street running from
Lake Cook Road on the North to Deerbrook
Shopping Center on the South;
F. Access to public roads and highways;
G. Interior traffic patterns, roadways, sidewalks,
bike paths and landscaping;
H. Service drive and loading area.
S. Immediately after the passage of the Ordinance annexing
the real estate as hereinabove provided, the Village shall cause
to be adopted Zoning Ordinances or an Amendment to the Zoning
Ordinance, zoning and classifying such property, approving the
Planned Unit Development, and variations as may be necessary to
permit the development of such property, as follows:
sales area is adequately enclosed by cyclone fencing
(XIIIB(3));
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A.
That the
property
to be annexed be classified
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in the
B- Business
District;
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B.
That the
sales of
garden supplies, shrubberies,
trees,
plants, and
similar
items,' may be sold in other
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than completely enclosed
structures,
provided such
sales area is adequately enclosed by cyclone fencing
(XIIIB(3));
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of net retail sales area. For the purpose of computing
net retail sales area, there shall be deducted from gross -
floor area the lesser of 150 of gross retail sales area,
or actual area used for (1) maintenance personnel office;
(2) storage area for furniture, fixtures, equipment and
inventory; (3) office area; (4) employees' lounge. That
for all other uses, the minimum number of accessory off-
street parking spaces shall be provided in accordance with the
specific use pursuant to the Zoning Ordinance;
H. That the total ground area occupied by the buildings
shall not exceed 27- 1 /2 %-of the total area of the lot, in-
cluding private streets, sidewalks, bike paths and loading
areas, as provided for in the Plan (XIIIH);
I. That free - standing signs may be erected within
front yard lines, and in an area within three feet of
front property line, provided that no part of such signs
shall extend beyond the property line (XVIIB(1)(b));
J. That there shall be allowed one illuminated sign
identifying the shopping center, and individually listing
the tenants, with a face area of 180 square feet per face,
exlusive of pylons, and a height not to exceed 25 feet.
In addition, there shall be allowed an aggregate of not
more than three other free - standing signs in the total
development, with a face area of 25 square feet per face,
extending from the ground to not more than seven feet above
building entrance door sill or-main floor elevation, which-
ever is lesser. Said additional free - standing signs shall
be for the purpose of identifying one or more tenants.
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K. That the requirements for screening of the parking
spaces by a densely planted, compact hedge, a wall, or
solid fence around that property in the residential
district owned and utilized by the Commonwealth Edison Company
situated to the South of Lake Cook Road, to the West of
Florence Avenue, and to the East of the Chicago, Milwaukee,
St. Paul & Pacific Railroad tracks, shall be waived. (XVI
F(4)(c))
L. That all yard requirements for the building
adjoining the residential district owned and utilized
by the Commonwealth Edison Company, situated to the South
of Lake -Cook Road, to the West of Florence Avenue, to
the East of the Chicago, Milwaukee, St. Paul $ Pacific
Railroad tracks, shall be waived. (XIII (0)).
6. The Village represents that there are municipal sanitary
sewers located on the North side of Lake Cook Road, and a
municipal water main to serve the above - described real estate. The
Village agrees that the owners, their successors and assigns,
may, for the purpose of serving the real estate, connect onto
such municipal facilities at the time of development. No connections
to the municipal sanitary sewer and municipal water mains
shall be made until Developers have received all required approvals'
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of the Illinois Environmental Protection Agency and such other
governmental bodies as may have jurisdiction. In the event
any addition, modification or expansion of the Village sewage CP
treatment or transmission facilities is required to adequately
serve the Development, the cost of any such addition, modification
or expansion of the Village sewage treatment or transmission
facilities shall be borne by the Developers and /or others and
shall in any event be accomplished at no cost to the Village.
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Prior to the issuance of a building permit, Developers
shall have received the approval of the Illinois Environmental
Protection Agency of Developers' plans and specifications for
any additions, modifications or expansion of the Village sewage
treatment or transmission facilities occasioned or necessitated
by Developers' project. Additionally, prior to issuance of
building permits, the Developers shall have given the Village
satisfactory evidence in the form of performance bonds, escrowed
funds, letter of credit or other similar devices establishing
Developers' financial ability to bear their portion of the
expenses required to complete the Illinois Environmental
Protection Agency approved sewage treatment installation.
It is understood and agreed that all extensions of existing
sanitary and water mains necessary to serve the real estate
shall be constructed and installed in accordance with plans and
specifications, to be approved by the Village, but at the expense
of the Developers, their grantees and assigns, and that they shall
have the right to connect to such existing mains and sewers, and
to such extensions thereof, as the Developer may construct and
install (upon payment to the Village of the fees provided by
Ordinance No. 59 -7 in the amount of $32.65 per acre and $20.00
per front foot on Lake Cook Road plus the usual and customary N
tap -in fees) . C�J
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7. The Village further represents that an Agreement has been
entered into between itself and one Joseph E. Valenti, pursuant
to the terms of a certain Annexation Agreement between the
Village and said Joseph E. Valenti, as Developer, dated the 16th
day of May, 1970, which Agreement provides for storm sewers located
-10- I
to the South of the.above- described real estate, and which
storm sewers have been installed and are of sufficient and
adequate capacity. The Village further represents that pursuant
to the terms of said Agreement, an Ordinance was enacted under
No. 0- 71 -16, which Ordinance remains in full force and effect,
providing, among other things, that the Village shall not issue
a permit to connect into said storm sewer unless it shall be
provided with evidence of payment to Joseph E. Valenti, or his
nominee, or his successors or assigns, a recapture fee of
$0.0157374 per square foot, which payment Developers. agree to
make prior to seeking a permit to connect to said storm sewer.
8. Immediately after the passage of the Ordinance annexing
the real estate described herein, the corporate authorities
shall cause to be adopted an Ordinance, vacating the street known
as Florence Avenue, it being understood and agreed that the
vacation of such street will subserve the public interest by
relieving the public from further burden and responsibility of
maintaining the street. Such vacation shall be without compen-
sation from the owners of the property who will benefit by
such vacation.
9. The Developers agree to construct, at their own cost,
a private Street, sidewalks and bike path, running from Lake Cook
Road on the North, South to the adjoining shopping center, as tv
presented on Exhibit "A," attached hereto and made a part 0�.-)
hereof; said private street to be of a width of 28 feet, and
to be constructed of an 8 -inch crushed stone base, with 3 -inch O
bituminous surface applied in two one -and -a half inch lifts,
with concrete curbs and gutters. The sidewalk shall be of a
width of five feet, and constructed as per Village building
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specifications, and the bicycle path shall be of a width of
five feet, and constructed of one - and -one half bituminous
paving, on a four -inch crushed stone base, or in lieu thereof,
four -inch concrete with wire reinforcing.
The Developers shall, upon receipt of the necessary consent
of the owners of the adjoining shopping center, grant unto
the Village an easement for the purpose of gaining access to and
from the adjoining shopping center, and for purposes of
enforcing Village Ordinances.
10. In the event that it shall be reasonably determined by
the Board of Trustees of the Village that due to traffic
volume a traffic control signal is required at the Lake Cook Road
entrance to this
the entire expen
control devices.
the cost of said
occasion.
shopping center, the Developers agree to bear
se of the installation of appropriate traffic
The Developers shall not be required to bear
traffic control signal on more than a single
11. The Village further agrees to cause whatever permits
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shall be necessary for the driveway onto Lake Cook Road, including 1v
the construction at Developers' expense, of an eastbound decelerati�
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lane at the Lake Cook Road entrance which shall be installed when its,
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is reasonably determined to be necessary by the Village and to C.r,
cooperate with the Developers in procuring all necessary permits,
licenses and other approvals from any governmental agency ,having
jurisdiction, as may be required pursuant to this Agreement, including,
without limitation, approval from the Environmental Protection
Agency.
12. If so requested by Developers, the Village will cause
to be enacted Amendments to their Liquor Licensing Ordinance, which
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Amendments will increase the authorized number of licenses per-
mitting the sale of alcoholic beverages to not less than one for
consumption of alcoholic beverages on the premises of a restaurant
or a recreational facility whose primary purpose is other
than the sale of alcoholic beverages.
Additionally, the Amendment shall increase by not less
than one the authorized number of licenses permitting the
sale of alcoholic beverages for consumption off premises,
which license is commonly referred to as a "package liquor
license."
13. It is understood that the Developer may wish to
commence construction of the buildings on the premises in stages,
and nothing contained herein shall require the Developer to
commence construction on all of the buildings simultaneously,
except that the construction shall proceed in an orderly manner.
14. All Ordinances of the Village relating to zoning, fees,
official plans and building and related restrictions in effect
as of the date hereof, and as modified by the terms hereof, as
they apply to the land which is the subject of this Agreement,
shall be valid and binding on the parties hereto for a period
of five (5) years, as applied to the subject property, except
with the mutual consent of the parties, and in the event that ry
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the existing Ordinances affecting the development of the subject
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property shall be amended or modified in any manner to impose
less restrictive requirements upon development of the property Np..
or reduced fees within the Village, the benefits of such less
restrictive requirements shall be applicable to the development
of the subject real estate.
-13-
15. It is understood and agreed by the parties hereto
that time is of the essence of this Agreement,-and that all
parties will make every reasonable effort to effectuate the
terms of this Agreement, expeditiously, and it is further
understood and agreed by the parties that the successful
consummation of this Agreement requires their continued
cooperation.
9
16. Except as otherwise provided herein, this Agreement
shall be binding upon the parties hereto, their respective
successors and assigns, for a full term of ten (10) years,
commencing as of the date hereof, as provided by Statute.
17. This Agreement shall be enforceable in any court
of competent jurisdiction by any of the parties or by any
appropriate action at law or in equity to secure the performance
of the covenants herein contained.
18. If any court of competent jurisdiction shall deter-
mine that any provision of this Agreement is'invalid, such
invalidity shall affect that provision only, and shall not
affect any of the other provisions contained herein.
19. This Agreement may be executed in several counterparts,
such counterparts together constituting but one and the same
tom)
instrument. f�
C7'
IN WITNESS WHEREOF, the parties hereunto have caused
-14-
this Agreement to be executed the day and year first above
written.
ATTEST:
73. '79-4��
Vi_l.lage .,Qlerk
-ate •' •• ��� �. .
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• fT� � �Jr�a
tS 0
VILLAGE OF DEERFIELD, a Municipal
C oration
B
it age President
(" 1,e,
JAMES DI PIETRO
%t
LVATORE C. BUCCOLA
DEVELOPERS
The owners of record below, and the holders of the beneficial
interest of Trusts owning the property, as provided herein, and
as shown on Exhibit 9 attached hereto -and made a part-hereby, do
hereby enter into this Agreement. 6
Any affirmative obligations imposed
Agreement upon the Owners or Developers
formed by the Developers.
SUBJECT TO EXONERATION
CEAUSE ATTACHED
-15-
0
by t}ie'rs•oft�is °►,.
shall ���a•�sud'Ya°`1&r
ri , !'''J/ �G.. �r a U1i�Y. } 'S y�� ♦ •� � f
Y i jt
FIRST NAT IONALIRBANtgO'•I;AKE FOREST,
as Trustee under` :Trust No. 3594
JAMES DI PIETRO r
TN
If
CG '
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It is expressly understood and agreed by and between the parties
hereto, anything herein to the contrary notwithstanding, that each and
all of the representations, covenants, undertakings and agreements
herein made on the part of the Trustee while in form purporting to be
the representations, covenants, undertakings and agreements of said
Trustee are nevertheless each and every one of them, made and intended
not as personal representations, covenants, undertakings and agreements
by the Trustee or for the purpose or with the intention of binding said
Trustee personally but are made and intended for the purpose of binding
only that portion of the trust property specifically described herein,
and this instrument is executed and delivered by said Trustee not in its
own right, but solely in the exercise of the powers conferred upon it as
such Trustee; and that no personal liability or personal responsibility
is assumed by nor shall at any time be asserted or enforcible against the
First National Bank of Lake Forest &XV* dC9CX943&XW& 60rdCDWM&WW OXXWX) K
'DAM CY W on account of this instrument or on account of any
representation, covenant, undertaking or agreement of the said Trustee,
whether or not in this instrument contained, either expressed or implied,
all such personal liability., if any, being expressly waived and released.
The First National Bank of Lake Forest, as Trustee
under Agreement dated 2-4-29 , and known as
Trust No. 53 94, and not personally or individually.
i de ntCsiCtC�C9(9C#C
Attest:
SmCfdO� AAXXt Trust Off icer
N
a�
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It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding,
that each and all of the warranties, indemnities, representations, covenants, undertakings and agreements herein made on'the part
r of the Trustee while in form purporting to he the warranties, indemnities, representations, covenants, undertakings and agreements
of said Trustee are nevertheless each and every one of them, made and intended not as personal warranties, indemnities,
representations, covenants, undertakings and agreements by the Trustee or for the purpose or with the intention of binding said
Trustee personally but are made and intended for the purpose of binding only that portion of the trust'p�rZpfttX, specifically j
described herein,,and this instrument is executed and delivered by said Trustee not in its own right, but 'solely 1h the -e' eecise of 4-
the powers conferred upon it as such Trustee; and that no personal liability or personal responsibilifY' IS dssum ,qSb nor wit l at ��
> - , any time he asserted or enforceable against the Chicago Title and Trust Company or any of the beneli - cia un erE d,Trust
Agreement, on account of this instrument or on account of any warranty, indemnity, representation
– covenan ,.undortal�irtg or
C a
1 agreement of the said Trustee in this instrument contained, either expressed or implied, all such personal liabili;y cif. any,' tieing
expressly waived and released. ,
O'noM 1 R10.71 yJ ,e `
DEERFIELD AND THE STATE OF ILLINOIS, ET AL - TRUST R -1593
I:TTACHED_TO_AND MADE A PART OF ANNEXATION AGREEMENT BETWEEN THE yTT.T.Ar_F_OF/
_RIDER
It is expressly understood and agreed by and between the parties hereto,
anything herein to the contrary notwithstanding, that each and all of the
representations, covenants undertakings and agreements herein made on the
part.of the Trustee while in form purporting to be the representations,
� covenants, undertakings and agreements'of said Trustee are nevertheless each
••
and every one of them, made and intended not as personal representations,
covenants, undertakings and agreements by the Trustee or for the purpose or
with the intention of binding said Trustee personally but are made and intended
r\)
for the purpose of binding only that portion of the trust property specifically
N
described herein, and this instrument is executed and delivered by said Trustee
not in its own right, butt solely in the exercise of the powers conferred upon
Q''
: * it as such Trustee; and that no personal liability or personal responsibility
is assumed by nor shall at any time be asserted or enforceable against the
First National Bank and Trust Company of Evanston or any of the beneficiaries
-�
under said Trust Agreement, on account of this instrument or on account of
R any representation, covenant, undertaking or agreement of the said Trustee
in this instrument contained, either expressed or implied, all such personal
liability, if any, being expressly waived and released.
r
r
k
It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding.
that each and all of the warranties, indemnities, representations. covenants, UnCeit:ucint and ar,:rments herein made on tie'_ part
of the Trustee while in form purporting to be the warranties, indemnities, repr lmwtions, covenants, undarta'drias and av:emant>
of sail Trustee are nevertheless cash and every one of them, made and intended not as personal warrantics, indernniti�s,
representations, covenants, tund•ertakinl;s and agreements by the Trustee or For the purpose or with the intention of bindin;t said
Trustee personally but are made and intended for the purpose of hinding only that portion of tha trust, property specifically
described herein, and this instrument is cxecutcd and delivered by said Trustee not in its own right, but solely in the exercise of
the powers conferred upon it as such Trustee; and that no personal liability or personal responsibility is assumed by nor shall at
any tirrtc be ass^rted or enforceable againstr !�a�; of Any or any of the bzn;ficiarir s uncter'said Trust
Aprecrnent, on account of this instrument or on account of any warranty, indemnity, representation, cowrriant, und:rtalcit;g or
y` agreernent of the said'Trustee in this instrument contuincd, either expressed or implied, all such jkrsouul liability, if ally, beitt
Kr nvnrnccly w•iiw d -Ind IMPast-d
r
� frASlrumdriCrs axecu i 'AMERICAN NATIONAL BANK AND TRUST COMPAh'! AMERICAN NATIONAL BANK AND TRUST
OF CHICAGO, not persona ll{pdbtWkid as Trustee, as aforesaid. All the covenants COMPANY OF CHICAGO, as Trustee
r and conditi=!!Wo. bd, ped4lned hereunder by AtAFMCAN NATIONAL BANK AND
JRUST COMPRNYeOF UICAGO are undartakcn by it so;eiy as Trustee, as aforesaid under Trust NO. 32388
and not individually, and no personal liability st +all be asserted or be enforceable'
a against AMERICAN NATIONAL. BANK AND TRUST COMPANY OF &HICAGO by reason of
any of the covenants, statements, representations or warranties centained in this By
• imUumeisf. T.rus
Owner o Bene 1clal Interest
A 6
Jo n Muno
G
iza eth Munsa��,..,...r. - .A��`�a
_ CHICAGO TITLE AN;1' ,,Q Y�,, as
Trusteeg
o
T T�
:�.
X
r_
By
t 4%
r
• wner of Be icia terest
r�
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Executed in Duplicate
Owner o Eiinieficial Interest
FIRST NATIONAL BANK AND TRUST COMPANY
OF EVANSTON, as Trustee under Trust
No. R 15,8 AND NOT PERSONALLY
By
er of Beneficial Interest
THE IN CHICAGO
BINATIONAL BANK OF ALBANY PARK
as Trustee and r Trust N 11 -1926
and not Individu 1 Y. �?
By
CT`
er o ene icial Interest
VONERATION PROVISION RESTRICTING
'ANY LIABILITY OF THE NATIONAL BANK
OF ALBANY PARK IN CHICAGO, ATTACHED
HERETO, IS HEREBY EXPRESSLY MADE A
PART HEREOF.
LEGAL DESCRIPTION
That part of Lot 1 in Downey's Cook County Country Home
Addition to Deerfield a subdivision of part*of the North 1/2
of Section 4, Township 42 North, Range 12, East of the Third
Principal Meridian according to the plat thereof recorded
July 27,, 1914 as document number 5464976 as follows:
Commencing at.the Southwest corner thereof, thence
East along the South line of said lot 80.0 feet, thence North
5 degrees, 29 minutes, 54 seconds 187.99 feet, more or less,
to the South line of Lake -Cook Road as per document number
10627383; thence West along said South line 150 feet, more
or less, to the Westerly line of said Lot 1; thence southerly
along said westerly line 207.21 feet, more or less, to the
place of beginning, in Cook County, Illinois.
That part of Lot 1 in Downey's Cook County country Home Addi-
tion to Deerfield a subdivision of part of the North 1/2 of
Section 4, Township 42 North, Range 12, East of the Third Prin-
cipal Meridian, according to the plat thereof recorded July 27,
1914, as document number 5464976 as follows:
Commencing at a point in the South line of said lot
231.08 feet East of the Southwest corner thereof, thence East
along the South line of said lot 145.02 feet to the Southeast
corner thereof, thence Northwesterly along the Easterly line of
said lot 206.76 fegt, more or less, to a pointon the South line
of Lake -Cook Road as per document number 10627383; thence West
along said South line 65.10 feet, more or less, to a point on
EXHIBIT 1 (page 1)
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EXHIBIT 1 (continued)
line drawn through the place of beginning, and which bears
North 2 degrees, 27 minutes, 04 seconds West, thence South
2 degrees, 27 minutes, 04 seconds East 187.30 feet, more or
less, to the place of beginning, in Cook County, Illinois.
e
EXHIBIT 1 (page 2)
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LEGAL DESCRIPTION
That part of Lot 1 in Downey's Cook County Country Home
Addition to Deerfield, a subdivision of part of the North
1/2 of Section 4, Township 42 North, Range 12, East of the
Third Principal Meridian, described.as follows:* Commencing
at,a point in the South line of said lot 80.00 feet East of
the Southwest corner thereof, thence East along the South
line of said lot 151.08 feet; thence North 2 degrees, 27 min-
utes, 04 seconds West 187.30 feet, more or less, to the South
line of Lake -Cook Road as,per document number 10627383, thence
West along said South line 161.00 feet, more or less,.to a
point on a line drawn through the place of beginning, and
which bears North 5 degrees, 29 minutes,-54 seconds West;
thence Southz5 degrees, 29 minutes, 54 seconds East, 187.99
feet,more or.less, to the place of beginning, in Cook County,
Illinois.
That part of Lot 2 described as follows: Beginning at the
Northwest corner of Lot 2, then East along thq North line
thereof 157.0 feet, thence South atfright angles to said North
line 100.0 feet, thence Westerly 111.46 feet to a point on
the Westerly line of Lot 2, 107 feet (as measured along said
Westerly line) South of the point of beginning,.thence Northwest-
erly along said Westerly line 107.0 feet to the point of beginning,
all in Downey's Cook County Country Home Addition to.Deerfield
in the North 1/2 of Section 4, Township 42 North, Range 12
East of.the Third Principal Meridian in Cook County, Illinois.
EXHIBIT 2.
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LEGAL DESCRIPTION
Lot 2 except that part thereof described as follows:
Beginning at the Northwest corner of Lot 2,
thence Easterly along the North Line thereof 157 feet, thence
South at right angles to said North line 100 feet, thence
Westerly 111.46 feet to the point on the Westerly line of Lot
2, 107 feet (as measured along said Westerly line) Southeast
of the place of beginning, thence Northwesterly along said
Westerly line 107 feet to the place-of beginnings
All in Downey's Cook County Country Home Addition to Deerfield,
being a Subdivision in the North Half of Section 4, Township
42 North, Range 12, East of the Third Principal Meridian, in
Cook County,�Illinois.
E
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LEGAL DESCRIPTION
LOT 3 in Downey's Cook County Country Home Addition to
Deerfield, a Subdivision of part of the North 1/2 of Section
4, Township 42 North, Range 12, East of the Third Principal
Meridian according to the plat thereof recorded July 27, 1914
as document number 5464976 in Cook County, Illinois;
ALSO
Lot 4 (except the South 100 feet of the West 240 feet) in
Downey's Country Home Addition to Deerfield, a subdivision
of part of the North 1/2 of Section 4, Township 42 North,
Range 12, East of the Third Principal Meridian according to
the plat thereof recorded July 27, 1914 as document number
5464976, in Cook County, Illinois;
ALSO
The South 100 feet of the West 240 feet of Lot 4 in Downey's
Cook County Country Home Addition to Deerfield, a subdivision
of part of the North 1/2 of Section 4, Township 42 North, Range
' N
12 East of the Third Principal Meridian according to the plat
. CT
thereof recorded July 27,, 1914, as document 5464976; in Cook
N
County, Illinois.
Cr
EXHIBIT 4.
LEGAL DESCRIPTION
Lot 5 in Downey's Cook County Country Home Addition to
Deerfield, a subdivision of part of the North 1/2 of
Section 4, Township 42 North, Range 12, East of the Third
Principal Meridian, according to the plat thereof recorded
July 27, 1914, as document number 5464976, in Cook County,
Illinois.
EXHIBIT 5.
TV
CD
LEGAL DESCRIPTION
Lot 6 in Downey's Cook County Country Home Addition to
Deerfield, a Subdivision, of part of the North 1/2 of Sec-
tion 4, Township 42 North, Range 12, East of the Third
- _Principal Meridian, according to the plat thereof recorded
July 27, 1914, as Document 5 464 976, in Cook County, Ill-
inois.
EXHIBIT 6.
:n
'iV
i
LEGAL DESCRIPTION
Lot 7 (except that part of said lot lying South of a line
100 feet measured on the East line of said lot North of and
parallel to the South line of said lot, and East of a line
217.0 feet measured on the South line of said lot, West of and
parallel to the East line of said lot) in Downey's Cook County
Country Home Addition to Deerfield, a Subdivision of part of
the North 1/2 of Section 4, Township 42 North, Range 12, East
of the Third Principal Meridian, according to the plat thereof
recorded July 27, 1914, as Document 5 464 976, in Cook County,
Illinois.
That part of Lot 7 lying South of a line 100 feet (as measured
on the East line of said lot) North of and parallel to the
South line of said lot, and East of a line 217.0 feet (measured
on the South line of said lot), West of and parallel to the
East line of said lot, in Downey's Cook County Country Home
Addition to Deerfield, a Subdivision of the.West 825.20 feet of
the North 1174.0 feet (measured on the East line of Railroad)
of the North half of Section 4, Township 42 North, Range 12,
East of the Third Principal Meridian, according to the Plat
`n_.)
thereof recorded July 27, 1914, as Document 5 464 976, East of(N
100
the Railroad, in Cook County, Illinois. 'o°
..
EXHIBIT 7 •
LEGAL DESCRIPTION
Lot 8 and part of Lot 9 bounded and described as follows:
Commencing at the South West corner of said Lot 9; thence
North 89 degrees 56 minutes 31 seconds East along the South
line of said Lot 9 a distance of 66.28 feet to the point of
beginning for said parcel; thence North 89 degrees 56 minutes
31 seconds East along the South line of said Lot 9 a distance
of 309.82 feet to the South East corner of said Lot 9, thence
North 25 degrees 12 minutes 54 seconds West along the East
line of said Lot 9 a distance of 158.00 feet; thence South
89 degrees 56 minutes 31 seconds West a distance of 133.10
feet, thence South 37 degrees 23 minutes 50 seconds West a
distance of 180.15 feet to the point of beginning, in Downey's
Cook County Country Home Addition to Deerfield, Subdivision
of that part of the North 1/2 of Section 4, Township 42 North,
N
Range 12 East of
the Third Principal Meridian: commencing
at
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the intersection
of the North line of said section and the
East
fU
line of the right
of way of the Chicago, Milwaukee and St.
Paul
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Railroad Company,
thence Southeasterly along the said line
of
said right of way
line 1174 feet; thence East 825.20 feet;
n��
thence Northwesterly'1174 feet to the North line of said Section,
thence Westerly 825.20 feet on the North line of said Section
to the point of beginning, in Cook County, Illinois.
rV ,
DOCUMENT
HAS BEEN MICROFILMED aDC�
SEE JACKET FILE No. ° o b .006
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