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O-84-58ORDINANCE NO. 0-84-58 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE WITH RESPECT TO THE PROPERTY COMMONLY KNOWN AS ARBORLAKE CENTER, DEERFIELD, ILLINOIS WHEREAS, Harris Trust and Savings Bank, as Trustee under the provisions of a Trust Agreement dated August 22, 1980, known as Trust No. 40599, Harris Trust and Savings Bank, as Trustee under the provisions of a Trust Agreement dated October 12, 1983, known as Trust No. 42460 and Carl G. Schmidt, as Trustee of the Carl G. Schmidt Trust under the provisions of a Trust Agreement dated January 4, 1972, (collectively the Owners "), and Lake - Cook /Tollway Associates, an Illinois limited partnership (the "Developer ") (said Owners and Developer herein jointly referred to as "Petitioner ") have petitioned for a variation from the strict provisions of Article 12.8 -10 and Article 6.1 -6(5), respectively, of the Zoning Ordinance of the Village of Deerfield, passed April 17, 1978, as amended, to permit the construction of buildings having a height including mechanical penthouse not to exceed 75 feet; and WHEREAS, pursuant to notice duly published, as required by . statute, a public hearing on said petition was held and conducted by the Zoning Board of Appeals of the Village of Deerfield; and WHEREAS, the Zoning Board of Appeals has filed with the President and Board of Trustees its.written findings of fact and recommendation. NOW, THEREFORE, BE IT ORDAINED BY TRUSTEES OF THE VILLAGE OF DEERFIELD, ILLINOIS, AS FOLLOWS: SECTION That the findings of fa ONE: Zoning Board of Appeals as the findings of fact Trustees. THE PRESIDENT AND BOARD OF LAKE AND COOK COUNTIES, ct and recommendation of the are concurred in and adopted of the President and Board of SECTION That there are practical difficulties and particular TWO: hardships in the way of carrying out the strict letter of the provisions of the Zoning Ordinance of the Village of Deerfield as applied to Petitioner's property, which is legally described on Exhibit A attached hereto and made a part hereof. SECTION That a variation from the strict provisions of Article THREE: 12.8 -10 and Article 6.1 -6(5), respectively, of the Zoning Ordinance of the Village of Deerfield, passed April 17, 1978, as amended, with respect to the property V, hereinabove described is hereby granted to permit the construction of buildings having a height including mechanical penthouse not to exceed 75 feet, all in strict accordance with the certain Annexation Agreement governing the Subject Property dated July 2, 1984 and as depicted in the Final Development Plan dated November 19, 1984 presented to the Corporate Authorities and in conformity with plans presented and filed with the Zoning Board of Appeals and in accordance with testimony provided by Petitioner in support thereof. SECTION That the variation hereby granted is 1 � hereinabove described is hereby granted to permit the construction of buildings having a height including mechanical penthouse not to exceed 75 feet, all in strict accordance with the certain Annexation Agreement governing the Subject Property dated July 2, 1984 and as depicted in the Final Development Plan dated November 19, 1984 presented to the Corporate Authorities and in conformity with plans presented and filed with the Zoning Board of Appeals and in accordance with testimony provided by Petitioner in support thereof. SECTION That the variation hereby granted is subject to FOUR: compliance by the Petitioner with all other applicable provisions of the Zoning Ordinance and with all other applicable ordinances of the Village of Deerfield. SECTION That this Ordinance shall be in full force and effect FIVE: from and after its passage, approval and publication, as provided by law. AYES: Marty, Seidman, Swanson, York (4) NAYS: None (0) ABSENT: Jackson, Marovitz (2) PASSED this 17th. day of December APPROVED this. 77th day of December ATTEST: VILLAGE CL A.D., 1984. A.D., 1984. VILLAGE PRESIDENT THAT PART OF`LOT 2 iN THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, AS SAID LOT IS REPRESENTED ON MAP OF GOVERNMENT SURVEY TOGETHER WITH THAT PART OF THE SOUTH HALF OF THE WEST HALF OF LOT 2 IN THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THiRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED ON GOVERNMENT SURVEY DESCRIBED AS FOLM0 S: BEGINNING AT A POINT ON THE NORTH LiNE OF SAID SECTION 6, 268.65 FEET EAST OF THE NORTHWEST CORNER OF THE EAST HALF OF SAiD LOT 2 IN THE NORTHEAST QUARTER OF. SECTION 6; THENCE SOUTHWESTERLY A DISTANCE OF 820.5.4 FEET, ALONG A LINE FORMING AN ANGLE OF 109' 52' 05" FROM EAST TO SOUTH.WiTH SAID NORTH LiNE OF SFCTiON 6: THENCE IN A•SOUTHEASTERLY DIRECTION A DISTANCE OF 543,84 FEET ALONG A LINE FORMING AN ANGLE TO THE.LEFT OF 78' 58' 06" WITH THE PRECEDING LiNE EXTFM DED: THENCE SOUTHEASTERLY A DISTANCE- OF 499.34 FEET ALONG A LiNE FORMING AN ANGLE TO THE LEFT OF 260 0' 23" WITH THE PRECEDING LINE EXTENDED: THENCE EAST A DISTANCE OF 351.08 FEET MORE OR LESS TO A POINT ON THE EAST LiNE OF SAiD SECTION 6,.254.11 FEET NORTH OF THE SOUTHEAST CORNEP OF SAID LOT 2 IN THE NORTHEAST QUARTER OF SAID SECTION 6;.THENCE CONTINUING EAST ALONG THE LAST DESCRIBED COURSE, A DISTANCE OF 1330.65 FEET MORE OP LESS TO A POINT ON THE EAST LINE OF THE WEST HALF OF LOT '2 iN THE NORTHWEST QUARTER OF SECTION 5. 253.66 FEET NORTH OF THE SOUTHEAST CORNER OF THE WEST HALF OF SAID LOT 2: THENCE NORTH ALONG THE EAST LINE OF THE WEST HALF OF SATD LOT 2 TO THE- NORTH LINE'OF-THE SOUTH HALF OF THE WEST HALF OF SAID LOT 2; THENCE WEST ALONG SAID NORTH LINE OF THE SOUTH HALF OF THE WEST HALF OF LOT 2.iN THE NORTHWEST QUARTER OF SECTION 5 AFORESAID AND ALONG THE SOUTH LINE OF THE EAST S ACRES OF THE NORTH HALF OF THE EAST HALF OF LOT 2 iN THE NORTHEAST OUARTFR OF SECTION 6 TO THE WEST LINE OF SAID EAST.5 ACRES OF THE NORTH HALF IF THE EAST HALF OF LOT 2 IN THE NORTHEAST QUARTER OF SECTION 6; THENCE NORTH /LONG SAID WEST LINE OF THE EAST 5 ACRES TO THE NORTH LINE OF SECTION 6•; .THENCE WEST ALONG THE NORTH LINE OF SECTION 6, 727..56 FEET MORE OR LESS TO THE PLACE OF BEGINNING, (EXCEPTING FROM THE ABOVE DESCRI'BED•PREMISES THAT PART LYING WEST OF THE EAST L :NE EXTENDED SOUTH OF THE WEST 1,6.2 FEET OF THE EAST 5 ACPES OF THE NORTH HALF OF THE EAST HALF OF LOT 2 IN THE NORTHEAST QUARTER OF SECTION 6 AFORESAID), iN COOK COUNTY, ILLINOIS. F HAT PAkf OF LOT 2 IN THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 42 NOiTH,i ANGE .12, EAST OF THE THIRD PRINCIPAL MERIDIAN, AS SAID LOT A S REPRESENTED N MAP OF GOVERNMENT SURVEY TOGETHER WITH THAT PART OF THE SOUTH HALF OF ' HE WEST HALF OF LOT 2 IN THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 42 (IPI H, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT HEREOF RECORDED ON GOVERNMENT,SURVEY, DESCRIBED AS FOLLOWS: BECINNING AT POiNT-ON THE NORTH LINE OF SAID SECTION 6, 268.65 FEET EAST OF THE NOPTHWEST OPNER OF THE EAST HALF OF SAiD LOT 2 IN THE NORTHEAST•QUARTER OF SECTiO011 : THENCE SOUTHWESTERLY A DISTANCE OF 820..54 FEET ALONG A LINE FORMING AN .NGLE OF 109° 52' 05" FROM EAST TO SOUTH WiTH SAID NORTH LINE OF SECTION • THENCE iN A SOUTHEASTERLY DTPECTiON A DISTANCE OF 543.94 FEET ALONG A IpF `OPPAING AN ANG.LE TO THE LEFT OF' 780 ,58' 06'.' WiTH THE PPE-CEDING LiNE XTENi)ED; THENCE SOUTHEASTERLY A DISTANCE OF 499.34 FEET ALONG ALINE FORMING' ,N ANGLE TO THE LEFT OF 260 0' 23" WiTH THE PRECEDING LiNE EXTENDFD; THENCE AST A DISTANCE OF 3,51.08 FEET MORE OR LESS TO.A POINT ON THE EAST LiNE OF ,Air) SECTION 6, 254.11 FEET NORTH OF THE SOUTHEAST CORNER OF SAiD LOT 2 IN 'HE NORTHEAST QUARTEP OF SAiD SECTION 6; THENCE CONTINUING EAST ALONG THE .AST DESCRIBED COURSE, A DISTANCE OF 1330.65.FEET MORE OR LESS TO A POINT )N-THE EAST LiNE'OF THE WEST HALF OF LOT 2 IN THE.NORTHWEST QUARTER OF SAiD .ECTION 5, 253.66 FEET NORTH OF.TFIE SOUTHEAST CORNER OF THE MIEST HALF OF ,AiD LOT 2; THENCE NORTH ALONG THE EAST LINE OF THE WEST HALF OF SAiD LOT ! TO THE NORTH LINE OF THE SOUTH HALF OF THE WEST HALF..OF.SAID LOT 2: THENCE TEST ALONG SAID NORTH LiNE OF THE SOUTH HALF.OF THE WEST HALF OF LOT 2 iN fHE,NORTHWEST QUARTER OF SECTION 5 AFORESAID AND ALONG THE SOUTH LIME OF fHE EAST 5 ACRES OF THE,NORTH HALF OF THE EAST HALF OF LOT 2 IN THE NORTHEAST IUARTER OF SAiD SECTION 6 TO A POINT 162 FEET EAST OF THE WEST LiNE OF SAiD EAST 5-ACRES- THENCE.NORTH ALONG A STRAIGHT LiNE TO A'POINT ON- THE NORTH SINE OF SECTION 6 WHICH 'IS 162 FEET EAST OF THE WEST LINE OF SAiD EAST 5 ACRES; THENCE WEST ALONG THE NORTH LINE OF SAID.SECTION 6, 889.56 FEET TO HE PLACE OF BEGINNING (EXCEPTING FROM.TH.E.:ABOVE DESCRIBED PREMISES THAT ART LYING EAST OF THE EAST LINE, EXTENDED SOUTH, OF THE WEST 162 FEET OF HE EAST 5 ACRES OF THE NORTH HALF OF THE EAST HALF OF LOT 2 IN THE NORTHEAST ,UARTEP OF Scl -TJOM 6 AFORESAID) ,. ALSO EXCEPTING. THEREFROM THE PART OF THE S. 17 FT of the N. 50 FT OF THE E. 162 FT THEREOF CONVEYED TO THE COUNTY OF COOK BY W.D. RECORDED AS DOCUMENT NO. 24363175.IN COOK COUNTY, ILLINOIS. �L 1. 1 4 STATE OF ILLINOIS COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) I The undersigned hereby certifies that she is the duly appointed; 1� Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois and that the attached is a true and accurate copy of ORDINANCE NO. 0 -84 -58 entitled "AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE WITH RESPECT TO THE PROPERTY COMMONLY KNOWN AS ARBORLAKE CENTER,:DEERFIELD, ILLINOIS" paszaid by the President and Board of Trustees of the said Village at a regular meeting thereof held on December 17, 1984 , and now in full force and effect, all as appears in the records and files of the office of the Village Clerk. Dated -this December 20, 1984 Naomi S. Cl amp itt . �.._ Village Clerk y I' • � 1 A ORDINANCE NO. 0-84-58 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE WITH RESPECT TO THE PROPERTY COMMONLY KNOWN AS ARBORLAKE CENTER, DEERFIELD, ILLINOIS WHEREAS, Harris Trust and Savings Bank, as Trustee under the provisions of a Trust Agreement dated August 22, 1980, known as Trust No. 40599, Harris Trust and Savings Bank, as Trustee under the provisions of a Trust Agreement dated October 12, 1983, known as Trust No. 42460 and Carl G. Scnmidt, as Trustee of the Carl G. Schmidt Trust under the provisions of a Trust Agreement dated January 4, 1972, (collectively the Owners"), and Lake - Cook /Tollway Associates, an Illinois limited partnership (the "Developer ") (said Owners and Developer herein jointly referred to as "Petitioner ") have petitioned for a variation from the strict provisions of Article 12.8 -10 and Article 6.1-6(5), respectively, of the Zoning Ordinance of the Village of Deerfield, passed April 17, 1978, as amended, to permit the construction of buildings having a height including mechanical penthouse not to exceed 75 feet; and WHEREAS, pursuant to notice duly published, as required by . statute, a public hearing on said petition was held and conducted by the Zoning Board of Appeals of the Village of Deerfield; and WHEREAS, the Zoning Board of Appeals has filed with the President and Board of Trustees its written findings of fact and recommendation. NOW, THEREFORE, BE IT ORDAINED BY TRUSTEES OF THE VILLAGE OF DEERFIELD, ILLINOIS, AS FOLLOWS: SECTION That the findings of fa ONE: Zoning Board of Appeals as the findings of fact Trustees. THE PRESIDENT AND BOARD OF LAKE AND COOK COUNTIES, ct and recommendation of -the are concurred in and adopted of the President and Board of SECTION That there are practical difficulties and particular TWO: hardships in the way of carrying out the strict letter of the provisions of the Zoning Ordinance of the Village of Deerfield as applied to Petitioner's property, which is legally described on Exhibit A attached hereto and made a part hereof. SECTION That a variation from the strict provisions of Article THREE: 12.8 -10 and Article 6.1 -6(5), respectively, of the Zoning Ordinance of the Village of Deerfield, passed April 17, 1978, as amended, with respect to the property i I hereinabove described is hereby granted to permit the construction of buildings having a height including mechanical penthouse not to exceed 75 feet, all in strict accordance with the certain Annexation Agreement governing the Subject Property dated July 2, 1984 and as depicted in the Final Development Plan dated November 19, 1984 presented to the Corporate Authorities and in conformity with.plans presented and filed with the Zoning Board of Appeals and in accordance with testimony provided by Petitioner in support thereof. SECTION That the variation hereby granted is subject to FOUR: compliance by the Petitioner with all other applicable provisions of the Zoning Ordinance and with all other applicable ordinances of the Village of Deerfield. SECTION That this Ordinance shall be in full force and effect FIVE: from and after its passage,.approval and publication, as provided by law. AYES: Marty, Seidman, Swanson, York (4) NAYS: None (0) ABSENT: Jackson, Marovitz (2) PASSED this 17th day of December APPROVED this 17th day of December ATTEST: VILLAGE CLER1 A.D., 1984. A.D., 1984. i VILLAGE PRESIDENT 0�� 14� AL ••THAT PART OF LOT 2 iN THE ORTHEAST QUARTER OF SECTiO 6, TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, AS SAID LOT iS REPRESENTED ON RAP .OF GOVERNMENT SURVEY TOGETHER WITH THAT PART. OF THE SOUTH HALF OF THE WEST HALF OF LOT 2 IN THE NORTHWEST QUARTER OF.SECTION 5, TOWNSHIP 42 NORTH,.RANGE 12, EAST OF THE THiRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED ON GOVERNMENT SURVEY DESCRIBED AS FOLLOWS: BEGINNING AT �A POiNT ON THE NORTH LINE OF SAID SECTiON.6, 268.65 FEFT EAST OF THE NORTHWEST .CORNER OF THE EAST HALF OF SAiD LOT 2.IN THE NORTHEAST QUARTER OF SECTION 6: THENCE SOUTHWESTERLY A DISTANCE OF 820.54 FEET, ALONG A LINE FORMING AN .ANGLE OF 109' 52' 05'' FROM EAST TO SOUTH WITH SAiD'NORTH LiNE OF SECTION 6: THENCE IN A•SOUTHEASTERLY DIRECTION A DISTANCE OF 543,94 FEET ALONG A LINE FORMING AN ANGLE TO THE LEFT OF 78° 58' 06" WITH THE PRECEDING LINE EXTENDED: THENCE SOUTHEASTERLY A DISTANCE--OF-499.34 FEET ALONG A LiNE FORMING AN ANGLE TO THE LEFT OF 260 0' 23" WITH THE PRECEDING LINE EXTENDED; THENCE EAST A DISTANCE OF 351.08 FEET MORE OR LESS TO A POINT ON THE EAST LiNE OF SAID SECTION 6, 254.11 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 2 iN THE NORTHEAST QUARTER OF SAID SECTION 6;.THENCE CONTINUING EAST ALONG THE LAST DESCRIBED COURSE, A DISTANCE OF 1330.65 FEET' MORE OR LESS TO A POINT ON THE EAST LiNE OF THE WEST HALF OF LOT'2 iN.THE NORTHWEST QUARTER OF SECTION 5, 253.66 FEET NORTH OF THE SOUTHEAST CORNER OF THE WEST HALF OF SAiD LOT •2: THENCE NORTH ALONG THE EAST LINE OF THE WEST HALF OF SAiD LOT 2 TO THE - NORTH LINE*OF THE SOUTH HALF OF THE WEST HALF OF SAID LOT 2; THENCE WEST ALONG SAID NORTH LINE OF THE SOUTH HALF OF THE WEST HALF OF LOT 2 IN THE NORTHWEST QUARTER OF SECTION 5 AFORESAID AND ALONG THE SOUTH LINE OF THE ..EAST 5 ACRES OF THE NORTH HALF OF THE EAST HALF OF LOT 2 iN THE NORTHEAST OUARTF.R OF SECTION 6 TO THE WEST LiNE OF-SAID EAST 5 ACRES OF THE NORTH HALF -IF THE EAST HALF OF LOT 2 IN THE NORTHEAST QUARTER OF SECTION 6; THENCE NORTH /LOMG SAID WEST LiNE OF THE EAST 5 ACRES TO THE NORTH LINE OF SE'CTiON 6: .T►+ENCE WEST ALONG'THE NORTH LiNE OF SECTION 6, 727.56 FEET MORE OR LESS TO THE PLACE OF BEGINNING, (EXCEPTING FROM THE ABOVE DESCRIBED PREMISES THAT PART LYING WEST OF'THE EAST L:NE EXTENDED SOUTH OF THE WEST 162 FEET.OF THE EAST 5 ACRES OF THE NORTH HALF OF THE EAST HALF OF LOT 2 iN THE NORTHEAST QUARTER OF SECTION 6 AFORESAID), IN COOK COUNTY, ILLINOIS. AG SO THAT PARe OF LOT 2 IN THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, AS SAID LOT 1S REPRESENTED ON MAP OF GOVERNMENT SURVEY TOGETHER WITH THAT PART OF THE SOUTH HALF OF THE WEST HALF OF LOT, 2 iN THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED ON GOVERNMENT SURVEY ,`DESCRIBED-AS FOLLOWS: BECINNING AT A POINT ON THE NORTH LiNE OF SAID SECTION 6, 268.65 FEET EAST OF THE NOPTHWEST CORNER OF THE EAST HALF OF SAID LOT 2 IN THE NORTHEAST QUARTER OF SECTiOPl 6: THENCE SOUTHWESTERLY A DISTANCE OF 820.54 FEET ALONG A LINE FORMING AN ANGLE OF 1090 52' 05" FROM EAST TO SOUTH WITH SAiD NORTH LINE OF SECTION 6: THENCE iN A SOUTHEASTERLY DIRECTION A.DISTANCE OF 543.94 FEET ALONG A L1� F FORMING AN ANGLE TO THE .LEFT OF' 78° 58' 06'.' WiTH THE PRECEDING LINE EXTENDED: THENCE SOUTHEASTERLY A DISTANCE OF 499.34 FEET ALONG A LiNE"FORMiNG' AN ANGLE TO THE LEFT OF 260 0" 231' WiTH THE PRECEDING LiNE EXTENDFD: THENCE EAST A DISTANCE, OF 351.08 FEET MORE OR LESS TO A POINT ON THE EAST LINE OF SAiD SECTION 6, 254.11 FEET NORTH OF THE SOUTHEAST CORNER OF SAiD LOT 2 iN THE NORTHEAST QUARTEP OF SAiD SECTION 6; THENCE CONTINUING EAST ALONG THE - LAST DESCRIBED COURSE, A DISTANCE OF 1330.65.FEET MORE OR LESS TO,A POiNT ON THE EAST LINE OF THE WEST HALF OF LOT 2 IN THE NORTHWEST QUARTER OF SAID 'SECTION 5, 253.66 FEET NORTH OF.THE SOUTHEAST'CORNER OF THE WEST HALF OF SAiD LOT 2; THENCE NORTH ALONG THE EAST LINE-OF THE WEST HALF OF SAiD LOT .2 TO 'THE NORTH LINE OF THE SOUTH HALF OF THE WEST HALF OF SAID LOT 2; THENCE WEST ALONG SAID NORTH LiNE OF THE SOUTH HALF OF THE WEST HALF OF LOT 2 iN THE NORTHWEST QUARTER OF SECTION 5 AFORESAID AND ALONG THE SOUTH LiNE OF THE EAST 5 ACRES OF THE NORTH HALF OF THE EAST HALF OF LOT 2 IN THE NORTHEAST QUARTER OF SAID SECTION 6 TO A POINT 162 FEET EAST.OF THE WEST LiNE OF SAID EAST 5 ACRES: THENCE.NORTH ALONG A STRAIGHT LiNE TO A'POiNT'ON THE NORTH LINE-OF SECTION 6 WHiCH IS 162 FEET EAST OF THE WEST LINE OF SAiD EAST 5 ACRES; THENCE WEST ALONG THE NORTH LINE OF W-D SECTION 6, 889.56 FEET TO THE PLACE OF BEGINNING (EXCEPTING FROM THE ABOVE DESCRIBED PREMISES THAT. PART LYING EAST OF THE EAST LiNE, EXTENDED'SOUTM, OF THE WEST 162 FEET OF THE EAST 5 ACRES OF THE NORTH HALF OF THE EAST HALF OF LOT 2 IN THE NORTHEAST QUARTEP OF SECTION! 6 AFORESAIn) ,: ALSQ EXCEPTING. THEREFROM THE PART OF THE S. 17 FT of the N.. 50 FT OF THE' E. 162 FT THEREOF CONVEYED TO THE COUNTY OF COOK BY W.D. RECORDED AS DOCUMENT NO. 24363175. IN' COOK COUNTY, ILLINOIS.