R-16-13VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
RESOLUTION NO. R -16 -13
A RESOLUTION AUTHORIZINIG A FIRST AMENDMENT TO
MUTUAL AND RECIPROCAL ACCESS EASEMENT AGREEMENT
(DEERBROOK MALL AND DEERFIELD PARK PLAZA)
WHEREAS, the Village of Deerfield is a home rule unit of local government pursuant to
the provisions of Article VII, Section 6 of the Illinois Constitution; and
WHEREAS, except as limited by Article VII, Section 6 of the Illinois Constitution, the
Village has the authority to exercise any power and perform any function pertaining to its
government and affairs, including but not limited to the power to enter into this Economic
Incentive Agreement; and
WHEREAS, the Village of Deerfield, Gateway Fairview, Inc. (owner of Deerbrook
Mall) and Lake Cook Plaza LLC (owner of Deerfield Park Plaza)(the Village, Gateway
Fairview, Inc. and Lake Cook Plaza LLC being sometime referred to herein individually as
"Party" or collectively as "Parties ") are each parties to a certain Mutual and Reciprocal Access
Easement Agreement dated October 24, 2005 and recorded as Document No. 0531803071 with
the Cook County Recorder of Deeds (the "Easement Agreement) providing, among other things,
for a two -way cross - access point between Deerbrook Mall and Deerfield Park Plaza; and
WHEREAS, the Parties desire to amend the Easement Agreement to modify the terms of
the Easement Agreement to modify the terms of the easements granted therein and to allow for
certain further modifications to the Access Improvements (as defined in the Easement
-1-
Agreement) in connection with Gateway Fairview's proposed redevelopment of the northern part
of Deerbrook Mall as authorized by Village of Deerfield Ordinance No. 15 -98 -2; and
WHEREAS, the corporate authorities of the Village of Deerfield have reviewed the
terms of the First Amendment to Mutual and Reciprocal Access Easement Agreement attached
hereto as Exhibit A and find that it is necessary, desirable and in the best interests of the Village
of Deerfield to authorize and approve said First Amendment to Mutual and Reciprocal Access
Easement Agreement;
NOW THEREFORE, BE IT RESOLVED BY THE 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 corporate authorities of the Village of Deerfield do hereby
approve the First Amendment to Mutual and Reciprocal Access Easement Agreement attached
hereto as Exhibit A and authorize the execution of said First Amendment for and on behalf of the
Village of Deerfield.
SECTION 2: That this Resolution, and each of its terms, shall be the effective
legislative act of a home rule municipality without regard to whether such Resolution 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 Resolution should be inconsistent with any non - preemptive state law, this Resolution shall
supersede state law in that regard within its jurisdiction.
SECTION 3: That this Resolution shall be in full force and effect from and after its
passage and approval as provided by law.
-2-
PASSED this 16th day of May '2016.
AYES: Farkas, Jester, Nadler, Seiden, Shapiro, Struthers
NAYS: None
ABSENT: None
ABSTAIN: None
APPROVED this 16th day of May 2016.
ATTEST:
G
ViRlage Clerk
3-
Village President
THIS DOCUMENT
PREPARED BY AND AFTER
RECORDING RETURN TO:
DLA Piper LLP (US)
203 N. LaSalle Street, Suite 1900
Chicago, Illinois 60601
Attn: Mariah F. DiGrino, Esq.
FIRST AMENDMENT
TO
MUTUAL AND RECIPROCAL ACCESS EASEMENT AGREEMENT
This FIRST AMENDMENT TO MUTUAL AND RECIPROCAL ACCESS
EASEMENT AGREEMENT (this "Amendment') is executed as of this _ day of
, 2016, by and among Gateway Fairview, Inc., a Delaware Corporation
( "Gateway "), Lake Cook Plaza, LLC ( "LCP ") (Gateway and LCP are referred to in the singular
as a "Party" and collectively as the "Parties "), and the Village of Deerfield, an Illinois
municipal corporation and home -rule municipality, for the purpose of approving this
Amendment in accordance with Section 13 of the Easement Agreement (defined below).
RECITALS
A. Gateway is the owner of that certain parcel of real property commonly known as
Deerbrook mall in the Village of Deerfield, Cook County, Illinois, as legally described on
Exhibit A attached hereto ( "Deerbrook Mall ").
B. LCP is the owner of that certain parcel of real property commonly known as
Deerfield Park Plaza (f/k/a Lake Cook Plaza) in the Village of Deerfield, Cook County, Illinois,
as legally described on Exhibit B attached hereto ( "Deerfield Park Plaza "), which parcel is
situated, in part, adjacent to Deerbrook Mall.
C. Gateway proposes to redevelop Deerbrook Mall in phases, the first phase of
which has been completed and consisted of construction of two outlot buildings. The Village of
Deerfield (the "Village ") recently approved a zoning change to allow the second redevelopment
phase, which consists of demolition of an existing grocery store and additional vacant retail
space, the construction of a new grocery store, and the construction of new outlot buildings. The
second development phase includes construction by Gateway of improvements to the existing
Deerfield Park Plaza driveway entrance providing access to and from Lake -Cook Road to create
dual outbound left -turn lanes and a third exit lane allowing traffic to make a right turn, as
conceptually depicted on the attached Exhibit D.
EASI\120864559.6
D. Deerbrook Mall and Deerfield Park Plaza are connected at two cross - access
points, which are the subject of that certain Mutual and Reciprocal Access Easement Agreement,
dated October 24, 2005, and recorded as document number 0531803071 with the Cook County
Recorder of Deeds (the "Easement Agreement "). The northernmost cross access point is
improved with two vehicular lanes, allowing two -way traffic movements between Deerbrook
Mall and Deerfield Park Plaza, and curbs (the "North Easement Point ").
E. The Parties desire to amend the Easement Agreement to modify the terms of the
easements granted thereunder and allow for the modification the Access Improvements (as
defined in the Easement Agreement), specifically, the North Easement Point, as set forth below.
NOW, THEREFORE, in consideration of the mutual promises and agreements set forth
herein, and other good and valuable consideration the receipt and sufficiency of which are
hereby acknowledged, the Parties agree to amend the Easement Agreement as follows:
1. Incorporation: Capitalized Terms. The recitals set forth above and exhibits attached
hereto are incorporated into this Amendment as if fully set forth in this Section 1. Capitalized
terms not defined herein shall have the meanings ascribed to them in the Easement Agreement.
2. Amendment to Exhibit C. Exhibit C to the Easement Agreement is hereby amended
by deleting the first page, title Sheet OS -1 Off -Site Improvements Plan North Access, and
replacing it with the plan attached as Exhibit C to this Amendment (the "North Easement
Modifications "). The North Easement Modifications shall include pavement markings and
directional signage within Deerbrook Mall and Deerfield Park Plaza, including signage
indicating the one -way traffic configuration and signage indicating "Do Not Block Intersection."
3. Amendment to Mutual Grants of Easement. Section 1(c) of the Easement Agreement is
hereby amended by providing that, effective upon completion of construction of the North
Easement Modifications and issuance of a final certificate of occupancy for the new grocery
store in Deerbrook Mall, the Limited Use expressly will not include the right for passenger
vehicular passage east -bound through the North Easement Point, from Deerfield Park Plaza to
Deerbrook Mall. Passenger vehicular traffic through the North Easement Point shall be limited
to one -way, west -bound traffic only.
4. Construction of the North Easement Modifications.
(a) Gateway shall be responsible for constructing the North Easement Modifications
in a good and workmanlike manner, free of mechanic's liens or similar liens for unpaid work
performed by or on behalf of Gateway, in accordance with the requirements of law and
applicable Village of Deerfield ordinances, rules and regulations.
(b) Gateway shall be responsible for the initial permitting and construction of the
North Easement Modifications. Such construction shall be in accordance with final plans and
specifications, and other generally applicable terms and conditions, as required by and approved
by the Village.
EASP120864559.6
(c) Once commenced, Gateway shall expeditiously pursue completion of construction
of the North Easement Modifications. Gateway shall complete the North Easement
Modifications prior to the issuance of the final certificate of occupancy for the new grocery store
or any future redevelopment, including construction new outlot buildings, but excluding re-
tenanting, re- occupancy, tenant build -out or reconstruction of existing square footage.
(d) LCP shall grant to Gateway, upon Gateway's written request, such temporary
construction licenses as may be reasonably necessary to undertake and complete the required
construction of the North Easement Modifications. Such temporary construction licenses shall
be on such terms as are customary and reasonable, and an unreasonable refusal or failure to grant
such licenses shall be a defense to a claim of default for failure to timely construct the North
Easement Modifications. During Gateway's construction of the North Easement Modifications,
Gateway shall implement a "maintenance of traffic plan," subject to the reasonable approval of
LCP.
5. Re- Establishment of Two -Way Traffic. Any future changes to the North
Easement Point that would re- establish two -way traffic shall be subject to Section 13 of the
Easement Agreement.
6. Reasonable Cooperation. The Parties shall provide such reasonable
cooperation as may be necessary to fulfill the terms of this Amendment, including provided such
consents and authorizations as may be necessary for Gateway to perform its obligations under
this Amendment.
7. Notices. Section 17 of the Easement Agreement is hereby amended be
deleting the addresses set forth therein and substituting the following:
If to Gateway: Gateway Fairview, Inc.
c/o Mid - America Asset Management, Inc
One Parkview Plaza, 9th Floor
Oakbrook Terrace, Illinois 60181
Attn: C. Michelle Panovich
And to: Gateway Fairview, Inc.
c/o RREEF Management L.L.C.
3414 Peachtree Road NE, Suite 950
Atlanta, Georgia 30326
Attn: Joseph Saunders
With a copy to: DLA Piper LLP (US)
203 North LaSalle Street, Suite 1900
Chicago, Illinois 60601
Attn: Mariah F. DiGrino
If to LCP: Lake Cook Plaza, LLC
EASTM20864559.6
With a copy to:
8. Waiver of Claims. Each Party hereby waives and releases any claims of
default, damage or loss, whether known or unknown, arising under the Easement Agreement
prior to the date of this Amendment set forth above; provided, however, that such waiver and
release shall only be effective for a Party so long as the other Party is not in default under this
Amendment.
9. Amendment: Conflict. Except as specifically amended by this Amendment,
the Easement Agreement shall continue in full force and effect. To the extent there is any
conflict between this Amendment and the Easement Agreement, this Amendment shall control.
10. Counterparts. This Amendment may be executed in counterparts,
each of which shall be deemed an original, and all of which when taken together shall constitute
one and the same instrument.
[SIGNATURE PAGE FOLLOWS]
EAST 120864559.6
[SIGNATURE PAGE TO FIRST AMENDMENT TO MUTUAL AND RECIPROCAL
ACCESS EASEMENT AGREEMENT]
IN WITNESS WHEREOF, the Parties and the Village have executed this
Amendment as of the date set forth above.
GATEWAY FATVIEW, INC., a Delaware corporation
BY -` h----'
Name: D. Joseph Saunders_
Its: Vice President
LAKE COOK PLAZA, LLC, a limited liability company
By:
Name:
Its:
VILLAGE OF DEERFIELD
By:_
Name:
Its:
EASTM 20864559.6
STATE OF GEORGIA )
SS
COUNTY OF CHEROKEE )
I, the undersigned, a Notary Public in and for said County and State, do hereby
certify that D. Joseph Saunders, personally known to me to be the Vice President of Gateway
Fairview, Inc., a Delaware corporation, and personally known to me to be the same person
whose name is subscribed to the foregoing instrument, appeared before me this day in person and
acknowledged that, as such, he signed and delivered the said instrument as his free and voluntary
act and the free and voluntary act and deed of said corporation, for the uses and purposes therein
set forth.
GIVEN under my hand and notarial seal this 13th day of May_, 2016.
My Commission Expires:
January 26, 2017
EAS'R120864559.6
STATE OF )
SS
COUNTY OF )
I, the undersigned, a Notary Public in and for said County and State, do hereby
certify that , personally known to me to be the
of Lake Cook Plaza, LLC, a limited liability company, and personally known to me to
be the same person whose name is subscribed to the foregoing instrument, appeared before me
this day in person and acknowledged that, as such, he signed and delivered the said instrument as
his free and voluntary act and the free and voluntary act and deed of said company, for the uses
and purposes therein set forth.
GIVEN under my hand and notarial seal this day of
2016.
Notary Public
My Commission Expires:
EAS 120864559.6
STATE OF )
SS
COUNTY OF )
I, the undersigned, a Notary Public in and for said County and State, do hereby
certify that , personally known to me to be the
of the Village of Deerfield (the "Village'), and personally known to me to be the same person
whose name is subscribed to the foregoing instrument, appeared before me this day in person and
acknowledged that, as such, he signed and delivered the said instrument as his free and voluntary
act and the free and voluntary act and deed of the Village, for the uses and purposes therein set
forth.
GIVEN under my hand and notarial seal this _ day of
2016.
Notary Public
My Commission Expires:
EAST1120864559.6
[DEERFIELD PARK PLAZA LENDER CONSENT]
L7/:BI1\K1F.I1RUM
EXHIBIT A
LEGAL DESCRIPTION OF DEERBROOK MALL
TRACT A:
THAT PART OF THE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 42 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE NORTHEAST 1/4
OF SAID SECTION 4 AND THE CENTER LINE OF WAUKEGAN ROAD; THENCE WEST
ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 4, 793.80 FEET,
SAID POINT BEING ON THE EASTERLY LINE EXTENDED NORTHERLY OF
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; THENCE SOUTHERLY ON THE EASTERLY LINE OF
SAID DOWNEY'S COUNTRY HOME ADDITION TO DEERFIELD, 1174 FEET TO THE
SOUTHEASTERLY CORNER OF SAID SUBDIVISION; THENCE EAST PARALLEL TO
THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 4,830.09 FEET TO THE
CENTER OF WAUKEGAN ROAD; THENCE NORTHERLY ON THE CENTER LINE OF
WAUKEGAN ROAD 1190.4 FEET TO THE POINT OF BEGINNING,
(EXCEPTING FROM THE ABOVE TRACT OF LAND THE NORTH 50 FEET AND THE
EASTERLY 50 FEET THEREOF DEDICATED FOR PUBLIC HIGHWAY), IN COOK
COUNTY, ILLINOIS
TRACT B:
THAT PART OF THE NORTH 1/2 OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12,
EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EASTERLY AND NORTHERLY
OF THE NORTHERN ILLINOIS TOLL HIGHWAY DESCRIBED AS:
COMMENCING AT THE POINT OF INTERSECTION OF A LINE 1576 FEET NORTH OF
AND PARALLEL WITH THE EAST AND WEST QUARTER SECTION LINE OF SAID
SECTION 4, WITH A LINE 33 FEET WESTERLY OF (MEASURED PERPENDICULARLY)
AND PARALLEL WITH THE CENTER LINE (AS OCCUPIED) OF WAUKEGAN ROAD
(FORMERLY STATE ROAD), THENCE WEST ALONG SAID LINE 1576 FEET NORTH
AND PARALLEL WITH SAID QUARTER SECTION LINE 1622.35 FEET TO ITS POINT
OF INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO,
MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD; THENCE SOUTH 25 DEGREES 13
MINUTES 30 SECONDS EAST ALONG SAID EASTERLY RIGHT OF WAY LINE 364.88
FEET TO ITS POINT OF INTERSECTION WITH THE NORTHEASTERLY RIGHT OF
WAY LINE OF SAID TOLL ROAD; THENCE SOUTH 59 DEGREES 08 MINUTES 30
SECONDS EAST ALONG THE NORTHEASTERLY LINE OF SAID TOLL ROAD 737.445
FEET; THENCE NORTH 64 DEGREES 46 MINUTES 30 SECONDS EAST 433.887 FEET;
EASW20864559.6
THENCE NORTH 25 DEGREES 13 MINUTES 30 SECONDS WEST, 75.00 FEET; THENCE
NORTH 64 DEGREES 46 MINUTES 30 SECONDS EAST, 629.232 FEET TO ITS POINT OF
INTERSECTION WITH SAID LINE 33 FEET WESTERLY OF AND PARALLEL WITH THE
CENTER LINE OF WAUKEGAN ROAD; THENCE NORTH 27 DEGREES 07 MINUTES 05
SECONDS WEST ALONG SAID PARALLEL LINE 210.56 FEET TO THE POINT OF
BEGINNING,
TOGETHER WITH THAT PART, IF ANY, OF SECTION 4, TOWNSHIP 42 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
A STRIP OF LAND LYING BETWEEN THE EAST LINE OF THE CHICAGO,
MILWAUKEE AND ST. PAUL RAILROAD RIGHT OF WAY AND A LINE 33 FEET
WESTERLY OF (MEASURED PERPENDICULARLY) AND PARALLEL WITH THE
CENTER LINE (AS OCCUPIED) OF WAUKEGAN ROAD (FORMERLY STATE ROAD)
NORTH OF A LINE 1576 FEET NORTH OF AND PARALLEL WITH THE EAST AND
WEST QUARTER SECTION LINE OF SAID SECTION 4, AND SOUTH OF THE SOUTH
LINE OF DOWNEY' S COOK COUNTY HOME ADDITION TO DEERFIELD AND SAID
SOUTH LINE EXTENDED EASTERLY, A SUBDIVISION OF PART OF THE NORTH 1/2
OF SAID SECTION 4,
(EXCEPT THAT PART OF THE NORTH 1/2 OF SECTION 4, TOWNSHIP 42 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EASTERLY AND
NORTHERLY OF THE NORTHERN ILLINOIS TOLL HIGHWAY, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF A LINE 1576 FEET NORTH OF
AND PARALLEL WITH THE EAST AND WEST QUARTER SECTION LINE OF SAID
SECTION 4 WITH A LINE 33 FEET WESTERLY OF AND PARALLEL WITH THE
CENTER LINE (AS OCCUPIED) OF WAUKEGAN ROAD (FORMERLY STATE ROAD);
THENCE SOUTH 27 DEGREES 07 MINUTES 5 SECONDS EAST ALONG SAID
PARALLEL LINE 33 FEET WESTERLY OF SAID CENTER LINE 210.56 FEET; THENCE
SOUTH 64 DEGREES 46 MINUTES 30 SECONDS WEST 629.232 FEET; THENCE SOUTH
25 DEGREES 13 MINUTES 30 SECONDS EAST 75.00 FEET FOR A POINT OF
BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREBY; THENCE SOUTH 64
DEGREES 46 MINUTES 30 SECONDS WEST 433.887 FEET TO A POINT OF
INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID TOLL HIGHWAY SAID
POINT BEING 737.445 FEET SOUTHEASTERLY OF (AS MEASURED ALONG SAID
NORTHEASTERLY LINE) ITS POINT OF INTERSECTION WITH THE EASTERLY
RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD; THENCE NORTH 59 DEGREES 08 MINUTES 30 SECONDS WEST IN SAID
NORTHEASTERLY LINE 13.773 FEET; THENCE NORTH 64 DEGREES 46 MINUTES 30
SECONDS EAST 441.573 FEET; THENCE SOUTH 25 DEGREES 13 MINUTES 30
SECONDS EAST 11.43 FEET TO THE POINT OF BEGINNING), IN COOK COUNTY,
ILLINOIS.
EAMNW559.6
TRACT C:
PARCEL I:
THAT PART OF THE NORTH 1/2 OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12,
EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EASTERLY AND NORTHERLY
OF THE NORTHERN ILLINOIS TOLL HIGHWAY DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF A LINE 1576 FEET NORTH OF
AND PARALLEL WITH THE EAST AND WEST QUARTER SECTION LINE OF SAID
SECTION 4 WITH A LINE 33 FEET WESTERLY OF AND PARALLEL WITH THE
CENTER LINE (AS OCCUPIED) OF WAUKEGAN ROAD (FORMERLY STATE ROAD);
THENCE SOUTH 27 DEGREES 07 MINUTES 5 SECONDS EAST ALONG SAID
PARALLEL LINE 33 FEET WESTERLY OF SAID CENTER LINE 210.56 FEET; THENCE
SOUTH 64 DEGREES 46 MINUTES 30 SECONDS WEST 629.232 FEET; THENCE SOUTH
25 DEGREES 13 MINUTES 30 SECONDS EAST 75.00 FEET FOR A POINT OF
BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREBY; THENCE SOUTH 64
DEGREES 46 MINUTES 30 SECONDS WEST 433.887 FEET TO A POINT OF
INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID TOLL HIGHWAY SAID
POINT BEING 737.445 FEET SOUTHEASTERLY OF (AS MEASURED ALONG SAID
NORTHEASTERLY LINE) ITS POINT OF INTERSECTION WITH THE EASTERLY
RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD; THENCE NORTH 59 DEGREES 08 MINUTES 30 SECONDS WEST IN SAID
NORTHEASTERLY LINE 13.773 FEET; THENCE NORTH 64 DEGREES 46 MINUTES 30
SECONDS EAST 441.573 FEET; THENCE SOUTH 25 DEGREES 13 MINUTES 30
SECONDS EAST 11.43 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY,
ILLINOIS.
PARCEL 2:
THAT PART OF THE NORTH 1/2 OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12,
EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EASTERLY AND NORTHERLY
OF THE NORTHERN ILLINOIS TOLL HIGHWAY DESCRIBED AS:
COMMENCING AT THE POINT OF INTERSECTION OF A LINE 1576 FEET NORTH OF
AND PARALLEL WITH THE EAST AND WEST QUARTER SECTION LINE OF SAID
SECTION 4 WITH A LINE 33 FEET WESTERLY OF AND PARALLEL WITH THE
CENTER LINE (AS OCCUPIED) OF WAUKEGAN ROAD (FORMERLY STATE ROAD);
THENCE SOUTH 27 DEGREES 07 MINUTES 05 SECONDS EAST ALONG SAID
PARALLEL LINE 33 FEET WESTERLY OF SAID CENTER LINE 210.56 FEET FOR A
POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREBY;
CONTINUING THENCE SOUTH 27 DEGREES 07 MINUTES 05 SECONDS EAST ALONG
SAID PARALLEL LINE 816.02 FEET TO A POINT 398.48 FEET SOUTHEASTERLY OF
THE INTERSECTION OF THE LAST SAID PARALLEL LINE WITH A LINE 559.06 FEET
SOUTH OF AND PARALLEL WITH SAID LINE 1576 FEET NORTH OF AND PARALLEL
WITH SAID QUARTER SECTION LINE; THENCE SOUTH 85 DEGREES 48 MINUTES 35
EAM20864559.6
SECONDS WEST 855.62 FEET TO A POINT OF INTERSECTION WITH THE
NORTHEASTERLY RIGHT OF WAY LINE OF SAID TOLL ROAD, SAID POINT BEING
813.39 FEET SOUTHEASTERLY OF (MEASURED IN THE SAID NORTHEASTERLY
LINE) ITS POINT OF INTERSECTION WITH SAID LINE 559.06 FEET SOUTH OF SAID
LINE 1576 FEET NORTH OF SAID QUARTER SECTION LINE; THENCE NORTH 59
DEGREES 08 MINUTES 30 SECONDS WEST IN SAID NORTHEASTERLY LINE 522.355
FEET, TO A POINT 737.445 FEET SOUTHEASTERLY (AS MEASURED ALONG SAID
LINE) FROM ITS INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD: THENCE NORTH 64
DEGREES 46 MINUTES 30 SECONDS EAST 433.887 FEET; THENCE NORTH 25
DEGREES 13 MINUTES 30 SECONDS WEST 75 FEET; THENCE NORTH 64 DEGREES 46
MINUTES 30 SECONDS EAST 629.232 FEET TO THE POINT OF BEGINNING, IN COOK
COUNTY, ILLINOIS.
PINS: 04 -04- 200 - 005 -0000; 04 -04- 200 - 007 -0000; 04 -04- 200 - 008 -0000; 04 -04- 200 - 013 -0000;
04 -04- 200 - 014 -0000; 04 -04- 200 - 016 -0000; 04 -04- 200 - 017 -0000; 04 -04- 200 -021 -0000; 04 -04-
200- 022 - 0000;04 -04- 200 - 023 - 0000;04 -04- 200 - 024 - 0000;04 -04- 202 - 025 -0000
Common Address: 110 South Waukegan Road, Deerfield, Illinois
EASTM0864559.6
EXHIBIT B
LEGAL DESCRIPTION OF DEERFIELD PARK PLAZA
PARCEL 1:
THAT PART OF LOTS 1 TO 9, BOTH INCLUSIVE, TOGETHER WITH THAT PART OF
VACATED FLORENCE AVENUE, ALL BEING IN DOWNEY'S COOK COUNTY
COUNTRY HOME ADDITION TO DEERFIELD, A SUBDIVISION 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, ALL TAKEN AS A TRACT OF LAND BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE OF LAKE -
COOK ROAD AS PER DOCUMENT 10627383 WITH THE CENTER LINE OF VACATED
FLORENCE AVENUE; THENCE SOUTH 25 DEGREES, 09 MINUTES, 30 SECONDS EAST
ON SAID CENTERLINE OF VACATED FLORENCE AVENUE, A DISTANCE OF 277.22
FEET; THENCE NORTH 90 DEGREES WEST, A DISTANCE OF 169.56 FEET; THENCE
SOUTH 37 DEGREES, 27 MINUTES, 58 SECONDS WEST, A DISTANCE OF 180.15 FEET
TO A POINT ON THE SOUTH LINE OF SAID LOT 9 WHICH IS 66.28 FEET EAST OF THE
SOUTHWEST CORNER OF LOT 9; THENCE NORTH 90 DEGREES WEST ON SAID
SOUTH LINE OF LOT 9, A DISTANCE OF 66.28 FEET TO THE SOUTHWEST CORNER.
OF SAID LOT 9; THENCE SOUTH 25 DEGREES 09 MINUTES 30 SECONDS EAST ON
THE WESTERLY LINE OF SAID LOTS 6, 7, 8, A DISTANCE OF 684 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 6; THENCE NORTH 90 DEGREES EAST ON THE
SOUTH LINE OF SAID LOTS 5 AND 6, A DISTANCE OF 825.20 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 5; THENCE NORTH 25 DEGREES, 09 MINUTES,
30 SECONDS WEST ON THE EASTERLY LINE OF LOTS 1, 2, 3, 4 AND 5, A DISTANCE
OF 1119.21 FEET TO AFORESAID SOUTH RIGHT -OF -WAY LINE OF LAKE COOK
ROAD, AS PER DOCUMENT 10627383; THENCE NORTH 90 DEGREES WEST ON SAID
RIGHT -OF -WAY LINE, A DISTANCE OF 412.60 FEET TO THE PLACE OF BEGINNING
(EXCEPTING FROM SAID TRACT OF LAND THAT PART OF SAID LOTS 4 AND 5,
TAKEN AS A TRACT DESCRIBED AS FOLLOWS; COMMENCING AT THE
SOUTHEAST CORNER OF SAID LOT 5; THENCE NORTH 90 DEGREES WEST ON THE
SOUTH LINE OF SAID LOT 5, A DISTANCE OF 307.58 FEET; THENCE NORTH 0
DEGREES EAST, A DISTANCE OF 48.0 FEET TO THE PLACE OF BEGINNING; THENCE
NORTH 64 DEGREES, 50 MINUTES, 30 SECONDS EAST, A DISTANCE OF 208.0 FEET;
THENCE NORTH 25 DEGREES, 09 MINUTES, 30 SECONDS WEST, A DISTANCE OF
287.0 FEET; THENCE SOUTH 64 DEGREES, 50 MINUTES, 30 SECONDS WEST, A
DISTANCE OF 208.0 FEET; THENCE SOUTH 25 DEGREES; 09 MINUTES, 30 SECONDS
EAST, A DISTANCE OF 287.0 FEET TO THE PLACE OF BEGINNING AND ALSO
EXCEPTING THAT PART OF LOT I IN DOWNEY'S COOK COUNTY COUNTRY HOME
ADDITION TO DEERFIELD AND THAT PART OF THE EASTERLY HALF OF VACATED
FLORENCE AVENUE IN SAID SUBDIVISION ALL TAKEN AS A TRACT, BOUNDED
AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE
EASn]20864559.6
CENTER LINE OF VACATED FLORENCE AVENUE WITH THE SOUTH LINE OF LAKE -
COOK ROAD, ACCORDING TO DOCUMENT 10627383, SAID SOUTH LINE BEING 50
FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST Vi
OF SAID SECTION 4; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE OF
VACATED FLORENCE AVENUE TO ITS INTERSECTION WITH A LINE 60 FEET
SOUTH OF AND PARALLEL WITH SAID NORTH LINE; THENCE EAST ALONG SAID
PARALLEL LINE TO A POINT 24 FEET WEST OF (AS MEASURED ALONG SAID
PARALLEL LINE EXTENDED EAST) ITS INTERSECTION WITH THE WESTERLY LINE
OF AN EASEMENT AS GRANTED BY INSTRUMENT RECORDED AUGUST 12, 1975 AS
DOCUMENT 23185096; THENCE SOUTHEASTERLY TO A POINT ON SAID WESTERLY
LINE THAT IS 24 FEET SOUTH OF THE LAST DESCRIBED PARALLEL LINE (AS
MEASURED ALONG SAID WESTERLY LINE); THENCE NORTH ALONG SAID
WESTERLY LINE 34 FEET TO THE SOUTH LINE OF LAKE -COOK ROAD AFORESAID;
THENCE WEST ALONG SAID SOUTH LINE 194.09 FEET TO THE POINT OF
BEGINNING), ALL IN COOK COUNTY, ILLINOIS.
17\.Z��IL�I►
EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY AGREEMENT FOR
PARTY WALL AND EASEMENT TO MAINTAIN PORTION OF WALL ON ADJOINING
PROPERTY MADE BETWEEN AMERICAN NATIONAL BANK AND TRUST COMPANY
OF CHICAGO, AS TRUSTEE UNDER TRUST AGREEMENT DATED OCTOBER 18, 1973
AND KNOWN AS TRUST NUMBER 32388 AND AMERICAN NATIONAL BANK AND
TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED APRIL 1, 1975
AND KNOWN AS TRUST NUMBER 90763 DATED JULY 14, 1975 AND RECORDED
AUGUST 12, 1975 AS DOCUMENT 23185095 FOR THE REPAIR, MAINTENANCE,
RESTORATION OR RENOVATION OF THE NORTH WALL OF THE BUILDING
SITUATED ON THE TRACT OF LAND DESCRIBED AS FOLLOWS:
THAT PART OF LOT 4 IN DOWNEY'S COOK COUNTY COUNTRY HOME ADDITION
TO DEERFIELD, A SUBDIVISION OF PART OF THE NORTH" OF SECTION 4,
TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN,
BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 4, WHICH IS 55,24 FEET
WEST OF THE SOUTHEAST CORNER THEREOF, THENCE NORTH 90 DEGREES WEST
ON SAID SOUTH LINE A DISTANCE OF 229.80 FEET, THENCE NORTH 25 DEGREES 9
MINUTES 30 SECONDS WEST A DISTANCE OF 112.03 FEET, THENCE NORTH 64
DEGREES 50 MINUTES 30 SECONDS EAST A DISTANCE OF 208.0 FEET, THENCE
SOUTH 25 DEGREES 9 MINUTES 30 SECONDS EAST, A DISTANCE OF 209.72 FEET TO
THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.
ALSO
THAT PART OF LOT 5 IN DOWNEY'S COOK COUNTY COUNTRY HOME ADDITION
TO DEERFIELD, A SUBDIVISION OF PART OF THE NORTH Y2 OF SECTION 4,
EAST1120864559.6
TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN,
BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE
NORTH LINE OF SAID LOT 5 WHICH IS 55.24 FEET WEST OF THE NORTHEAST
CORNER THEREOF, THENCE NORTH 90 DEGREES WEST, A DISTANCE OF 229.80
FEET, THENCE SOUTH 25 DEGREES 9 MINUTES 30 SECONDS BAST A DISTANCE OF
174,97 FEET, THENCE NORTH 64 DEGREES 50 MINUTES 30 SECONDS EAST A
DISTANCE OF 208.0 FEET, THENCE NORTH 25 DEGREES 9 MINUTES 30 SECONDS
WEST, A DISTANCE OF 77.28 FEET TO THE POINT OF BEGINNING IN COOK
COUNTY, ILLINOIS.
PINS: 04 -04- 101- 029 -0000; 04 -04- 101 - 030 -0000; 04 -04- 101 - 031 -0000; 04 -04- 101 - 032 -0000;
04 -04- 101 - 033 -0000; 04 -04- 101 - 034 -0000; 04 -04- 101 - 035 -0000; 04 -04- 101 - 036 -0000; 04 -04-
101- 037 -0000.
Common Address: 461 Lake Cook Road, Deerfield, Illinois
EASTM 20864559.6
EXHIBIT C
DEPICTION OF NORTH EASEMENT MODIFICATIONS
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IT 17
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EAST1208645526
~ti
Through Traffic to
Deerbrook Mall"
Sign
"Do Not Enter"
Sign
estbound Exit Only"
Sign facing East
EXHIBIT D
Attached.
EASTV 20864559.6