O-79-79t
ORDINANCE NO. 0 -79 -79
AN ORDINANCE AUTHORIZING A SPECIAL USE TO
PERMIT REQUIRED PARKING ON A LOT OTHER THAN
THE ZONING LOT OCCUPIED BY THE PRINCIPAL USE
Published in pamphlet form this
3rd day of December , 1979,
by the President and Board of Trustees
of Deerfield.
ORDINANCE NO. 0 -79 -79
AN ORDINANCE AUTHORIZING A SPECIAL USE TO
PERMIT REQUIRED PARKING ON A LOT OTHER THAN
THE ZONING LOT OCCUPIED BY THE PRINCIPAL USE
WHEREAS, the Plan Commission of the Village of Deerfield has heretofore
held a public hearing on the application of GILBERT RAYNER ASSOCIATES (herein
referred to as "Applicant ") for approval of a Special Use to permit required
parking on a lot other than the zoning lot occupied by the principal use for
the premises legally described in Exhibit A attached hereto and made a part
hereof under and pursuant to the provisions of Articles 8.2 -1, 13.4 -2(2) and
13.11 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
WHEREAS, the Plan Commission of the Village of Deerfield, after considering
the evidence adduced, made written findings of fact and recommended that the
Special Use as proposed be approved and authorized subject to certain condi-
tions 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
approval of the Special Use in accordance with the testimony and documentary
evidence presented by Applicant to the Corporate Authorities.
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 President and Board of Trustees do hereby affirmatively
ONE: find that the Special Use as proposed by Applicant fully complies
with the requirements and standards set forth in Article 13.11 -6
of the Zoning Ordinance of the Village of Deerfield and the Special Use of the
real estate, as and for purposes of required parking on a lot other than the
zoning lot occupied by the principal use as proposed by Applicant, be and the
same is hereby authorized and approved subject to the conditions hereinafter
set forth.
SECTION That the approval and authorization of said Special Use hereby
TWO: granted is subject to recordation of the Declaration of Restric-
tive Covenants in the form attached hereto as Exhibit B in the
office of the Recorder of Deeds of Lake County, Illinois.
SECTION That any violation of the condition hereinabove set forth or the
THREE: conditions set forth in the Declaration of Restrictive Covenants
shall authorize the revocation of the Special Use hereby
authorized.
SECTION That the Village Clerk is hereby directed to publish this Ordi-
FOUR: nance in pamphlet form.
SECTION That this Ordinance shall be in full force and effect from and
FIVE: after its passage, approval and publication, as provided by law.
AYES: Gavin, Heisler, .. Marty, Seidman, Swanson,,York (6)
NAYS: None (0)
ABSENT: None (0)
PASSED this 3rd day of December A.D., 1979.
APPROVED this3rd day of December A.D., 1979.
ATTEST:
VILLAGE CLERK Dep y
It
VILMAGE PREMENT Feb Tem
EXHIBIT A
PARCEL 1.
LOT 2 IN MEIER "S RESUBDIVISON, BEING A RESUBDIVISION OF LOT 1 IN W.W. CLARK'S
SUBDIVISION IN SECTION 33, TOWNSHIP 43 N, RANGE 12, EAST OF THE 3RD PRIME
MERIDIAN IN LAKE COUNTY, ILLINOIS.
PARCEL 2
LOT 1 IN LYNN'S %JHITTIER AVENUE SUBDIVISION, BEING A SUBDIVISION IN
THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12,
EAST OF THE 3RD P.M., ACCORDING TO THE PLAT THEREOF, RECORDED AUGUST
13, 1953, AS DOCUMENT 799408,IN BOOK 1193 OF RECORDS, PAGE 413, IN
LAKE COUNTY, ILLINOIS.
December 5, 1979
Mr. Frank Nustra
Recorder of Deeds of Lake County
Bounty Building
Waukegan, Illinois 60085
Dear Sir: Re: Royale Properties Covenant
Enclosed is Declaration of Restrictive Covenants
for recording.
Will you please send bill for the recording fee
to the Village Clerk of Deerfield.
Very truly yours,
Naomi S. Clampitt
Deputy Village Clert
8 01 4
DECLARATION OF RESTRICTIVE COVENANTS
WHEREAS, Royale Properties, an Illinois partnership, is the
owner of real estate legally described as Parcel 1 and Parcel 2 on
Exhibit A hereto and made a part hereof; and
WHEREAS, Royale Properties has presented a proposed plan of
development to the Plan Commission of the Village of Deerfield and
the Corporate Authorities of the Village of Deerfield depicting the
location of four parking spaces on Parcel 2 required by the Zoning
Ordinance of the Village of Deerfield to satisfy the parking require-
ments of Parcel l; and
WHEREAS, the Plan Commission of the Village of Deerfield has
recommended as a condition of approval of said proposed plan of
development and the issuance of a Special Use Permit pursuant to an
ordinance granting a Special Use that provision be made for said
four parking spaces on Parcel 2 and for the care and maintenance of
said parking spaces; and
WHEREAS, Royale Properties
parking spaces on Parcel 2 and
future care and maintenance of
tion of approval of both the p
Permit.
is agreeable to provide said four
is also willing to provide for the
the above - described area as a condi-
tan of development and the Special Use
i�
NOW, THEREFORE, the undersigned, Royale Properties, for itself,
its successors, assigns and grantees, does hereby covenant with the
Village of Deerfield, Illinois, as follows:
1. That portion of Parcel 2 depicted in the plan of develop-
ment presented to the Plan Commission and the Corporate Authorities
of the Village of Deerfield shall be improved with four parking._.
3
spaces which shall be maintained and cared for by the undersigned at
its sole cost and expense.
2. In the event that the four parking spaces on Parcel 2 are
.removed or the care and maintenance duties described in Section l
hereof are not complied with, the undersigned hereby grants the
Village of Deerfield, a municipal corporation, a perpetual easement
to go upon said area and perform whatever maintenance work may be
required from time to time to re- establish said parking spaces and
to maintain said property in conformity with the ordinances of the
Village of Deerfield and, thereafter, to assess the owners the cost
thereof and upon failure of said owners to pay said amounts, to
impose a lien on said properties not to be released until the cost
thereof shall be satisfied in full.
3. These covenants of the undersigned shall run with the land
and shall be binding upon the undersigned, its successors, assigns
and grantees and all parties claiming by, through or over it, and
shall be construed as a real covenant running with the land. This
covenant shall run to the benefit of the Village of Deerfield, a
municipal corporation, which may enforce the terms by appropriate
form of action at law or in equity, in any court of competent juris-
diction. Said covenants may only be released, amended or invali-
dated by action of the Board of Trustees of the Village of Deerfield,
Illinois, and shall be placed of record at the undersigned's cost at
the office of the Recorder of Deeds, Lake County, Illinois.
ROYALE PROPERTIES
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er
203901,
STATE OF ILLINOIS )
COUNTY OF )
SS.
203-80 it
RECORDER
LAKE COUNTY. ILLINOIS
1919 DEC -7 At ID 52
I, MARJORIE L. EMERY , a Notary Public
in and for said County and State aforesaid, do hereby certify that
a General Partner.,
y
who is personally known to me to be the same person whose name is
subscribed to the foregoing instrument, as such General Partner
appeared before me this day in person and acknowledged that he
signed and delivered the said instrument as his own free and
voluntary act and as the act of said Partnership for the uses and
purposes therein set forth.
GIVEN under my hand and notarial seal this 3rd day of
, A.D., 1979
DEERFIELD, ILLINOIS
850 WAUKEGAN ROAD * DEERFIELD, ILLINOIS 60015
1982
Notary Public
EXHIBIT B r
DECLARATION OF RESTRICTIVE COVENANTS
WHEREAS, Royale Properties, an Illinois partnership, is the
owner of real estate legally described as Parcel 1 and Parcel 2 on
Exhibit A hereto and made a part hereof; and
WHEREAS, Royale Properties has presented a proposed plan of
development to the Plan Commission of the Village of Deerfield and
the Corporate Authorities of, the Village of Deerfield depicting the
location of four parking spaces on Parcel 2 required by the.Zoning
Ordinance of the. Village of Deerfield to satisfy the parking require-
ments of Parcel 1; and
WHEREAS, the Plan Commission of the Village of Deerfield has
recommended as a condition of approval of said proposed plan of
development and the issuance of a Special Use Permit pursuant to an
t
r
ordinance granting a Special Use that provision be made for said
four parking spaces on Parcel 2 and for the care and maintenance of
said parking spaces; and
WHEREAS, Royale Properties is agreeable to provide said four
parking spaces on Parcel 2 and is also willing-to provide for the
future care and maintenance of the above - described area as a condi-
tion of approval of both the plan of development and the Special Use lt
Permit.
NOW, THEREFORE, the undersigned, Royale Properties, for itself,
its successors, assigns and grantees, does hereby covenant with the
Village of Deerfield, Illinois, as follows:
1. That portion of Parcel 2 depicted in the plan of develop-
ment presented to the Plan Commission and the Corporate Authorities
.of the Village of Deerfield shall be improved with four parking
�' v u
spaces which shall be maintained and cared for by the undersigned at
its sole cost and expense.
2. In the event that the four parking spaces on Parcel 2 are
removed or the care and maintenance duties described in Section 1
hereof are not complied with, the undersigned hereby grants the
Village of Deerfield, a municipal corporation, a perpetual easement
to go upon said area and perform whatever maintenance work may be
required from time to time to re- establish said parking spaces and
to maintain said property in conformity with the ordinances of the
Village of Deerfield and, thereafter, to assess the owners the cost
.J
rt, thereof and upon failure of said owners to pay said amounts, to
impose a lien on said properties not to be released until the cost .
thereof shall be satisfied in full.
3. These covenants of the undersigned shall run with the land
and shall be binding upon the undersigned, its successors, assigns
and grantees and all parties claiming by, through or over it, and
shall be construed as a real covenant running with the land. This
covenant shall run to the benefit of the Village of Deerfield, a
municipal corporation, which may enforce the terms by appropriate
form of action at law or in equity, in any court of competent juris-
diction. Said covenants may only be released, amended or invali-
dated by action of the Board of Trustees.of the Village of.Deerfie?ad,
Illinois, and shall be placed of record at the undersigned's cost at
the office of the Recorder of Deeds, Lake County, Illinois.
ROYALE PROPERTIES
. B
A nerd Partner
j
I
STATE OF ILLINOIS )
SS.
COUNTY OF )
I, MARJORIE L. EMERY , a Notary Public
in and for said County and State aforesaid, do hereby certify that
a General Partner,
who is personally Known to me to be the same person whose name is
subscribed to the foregoing instrument, as such General Partner
appeared before me this day in person and acknowledged that he
signed and delivered the said instrument as his own free and
voluntary act and as the act of said Partnership for the uses and
purposes therein set forth.
GIVEN under my hand and notarial seal this 3rd day of
/December , A.D. , 19 7q
t.
Notary Public
My Commission Expires: May 28, 1982