O-65-07ORDINANCE.NO. 0 -65 -7
APPROVAL OF ANNEXATION AGREEMENTS
WHEREAS a public hearing was held on the 18th day of January, 1965,
pursuant to notice published not less than fifteen days prior thereto
as'required by law, which hearing was held before the corporate authorities
of the Village of Deerfield on the question of approving.the proposed
preannexation agreements described below:
NOW THEREFORE BE IT ORDAINED by the President and Board of Trustees
of the Village of Deerfield, Lake and Cook Counties,, I•llinois-, that:
Section 1. The proposed annexation agreement between the Village
of Deerfield and LaSalle National Bank, as Trustee under Trust No. 29897,
marked Exhibit A and the agreement.between the Village and Chicago T,i)tle
& Trust Company, as Trustee under Trust No; 43970, marked Exhibit B,
copies of which agreements are hereto attached and by th,ts reference
made a part hereof, are hereby approved and accepted.
Section 2. The President and Clerk are hereby authorized 'to sign
said agreements on behalf of-the Village.
Passed by a three - fourths vote of the corporate authorities this
15th day of March, 1965.
AYES Five
NAYS None
ATTEST:
Clerk
APPROVED:
1. K. Hearn,
President
F�
1
ORDINANCE NO. 0 -65 =7
APPROVAL OF ANNEXATION AGREEMENTS
S
V < F
WHEREAS a public hearing was held on the 18th day of January,
1965, pursuant to notice published not less than fifteen days prior
thereto as required by law, which hearing was held before the corporate
authorities of the Village of Deerfield on the question of approving
the proposed preannexation agreements described below:
NOW THEREFORE BE IT ORDAINED by the President and Board of Trustees
of the Village of Deerfield, Cook and Lake Counties, Illinois, that:
Section 1. The proposed annexation agreement between the Village
of Deerfield and La Salle National Bank, as Trustee under Trust No.
29897, alarked Exhibit A and the agreement between the Village and
Chicago Title & Trust Company, as Trustee under Trust No. 43970, marked
Exhibit B, copies of which agreements are hereto attached and by this
reference made a part hereof, are hereby approved and accepted.
Section 2. The President and Clerk are hereby authorized to sign
said agreements on behalf of the Village.
Passed by a three - fourths vote of the corporate authorities this
15th
ATTEST:
day of March
AYES Five (5)
NAYS None (0)
Clerk
1965.
APPROVED:
V
President
A N N E X A T I O N.
A G R E E M E N T
THIS AGREEMENT, made and entered into this
day of , A.D. 191L5, between the VILLAGE OF
DEERFIELD, Cook and Lake Counties, Illinois, (sometimes for
convenience hereinafter referred to as" "Village "), by and
through the President and members of the Board of Trustees
of the Village of'Deerfield (sometimes for convenience here-
inafter collectively referred to as the "Corporate Authorities "),
and LA SALLE NATIONAL BANK, as Trustee under Trust'No. 29897,
of*Chicago, Illinois.(sometimes for convenience hereinafter
referred to as "Owner"):
W I T N E S SET H•
WHEREAS, Owner is the owner of record of the following
described real estate:
That part of the Northwest Quarter of the North-
west Quarter of Section 4, Township 42 North, Range
12, East of.the Third Principal Meridian, described
as follows: Commencing at the point of intersection
of the West line of the Northwest Quarter of said
Section 4 and the North line of the Illinois Toll
Road, said North line being 250.20 feet North of
the South line of the Northwest Quarter of the
Northwest Quarter of said Section 4; thence East
on said North line of the Illinois Toll Road,
377.57 feet; thence North on a line drawn to a
point 371.22 feet East of the Northwest corner
of said Section 4 -(as measured on the North line
of said Section 4), hereinafter referred to as
Line "A ", for a distance of 241.50 feet, for a
point of beginning; thence West parallel with the
North line of the Illinois Toll Road aforesaid,
326.12 feet (more or less) to a point in a line
3
a
-- 2 =
50 feet.-East of and parallel to the West line of
the Northwest"Quarter aforesaid; thence North along
last described parallel line, 296.86 feet; thence
East parallel with the North line of the Illinois
Toll Road aforesaid, 324.37 feet, to Line "A"
aforesaid.; thence South along.-said Line "A ",
296.85 feet, to the point of beginning; in'Cook
County, Illinois,
which real estate is identified as'Parcel 1 on-the Plat of Survey
marked Exhibit "A" attached hereto and made apart hereof; and
WHEREAS, said real estate is included within an area
which is proposed to be annexed to the Village and is contiguous
to the corporate limits of the Village, and Owner desires to annex
said real estate to the Village on the terms and conditions here-
inafter-set forth; and
WHEREAS, pursuant,to the provisions of Section 11- 15.1 -1,
et seq. of the Illinois Municipal Code (Chapter 24, Illinois
Revised Statutes 1963), a proposed Annexation Agreement.in sub-
stance and in form the same as this.Agreement was submitted to
the Corporate Authorities 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 Village on the requested zoning classification of the subject
property in the "M" Manufacturing District, and written findings
of fact.and recommendation made-by said Plan'Commission were
submitted to the Corporate Authorities; and
WHEREAS, the Corporate Authorities, after due and
= 3 =
careful consideration, have concluded that the annexation of said
real estate to the-Village on the terms and conditions herein-
after 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.
NOW, THEREFORE, in consideration of the premises and
of the mutual covenants and agreements herein contained, it is
hereby agreed as follows:
1. That this Agreement-is made pursuant to and in
accordance with the provisions of Section 11- 15.1 -1, et�seq.
Illinois Municipal Code (Chapter 24, Illinois Revised Statutes
1963).
2. Owner, upon the execution of this Agreement, will
execute and file with the Village'Clerk a proper petition, or
petitions, conditioned on the terms and conditions of this Agree-
ment, to annex the real estate described above to the Village,
and, if necessary to effect such annexation, Owner will, in con-
junction with other owners and electors in the area, institute
a proceeding under-the provisions of Section 7 -1 -2 of the Illi-
nois Municipal Code (Chapter 24, Illinois Revised Statutes 1963)
to cause the question of the annexation of certain territory,
including the subject property hereinabove described, to be sub-
mitted to the Corporate Authorities.
3. The Corporate Authorities, immediately upon the
execution of this Agreement and upon the filing of.a proper
petition, or petitions, by,Owner as hereinabove provided, or
upon the submission to the Corporate Authorities of the question
of.annexing certain territory, including the subject property,
pursuant"to a proceeding under the provisions of Section 7 -1 -2
of the Illinois Municipal Code (Chapter 24, Illinois Revised
Statutes 1963), will enact an ordinance.annexing - the real
estate hereinabove described to the Village.
4. Immediately after the passage of the ordinance
annexing the real estate hereinabove described, the Corporate
Authorities shall cause -to be adopted an amendment to the Zoning
Ordinance of the Village zoning and classifying said real estate
in the "M" Manufacturing District.
5. It is understood and agreed that the subject pro-
perty has the following peculiar characteristics which appear
in part from the attached Plat of Survey:
A. Area of approximately two (2) acres.
B. Fronts on and is served by a private road which
is subject to a perpetual easement agreement
providing for its maintenance and repair.
-C. The rear or West line abuts Pfingsten Road and
the West approximately 40 feet-is subject to-an
easement for the berm of Pfingsten Road which
gradually elevates as it passes over a portion
of the Illinois Toll Highway immediately South
of the subject property.
D. The subject property is zoned or classified
in the "M -1 " Restricted Manufacturing District
under the provisions of the Cook County Zoning
Ordinance.
= 5
In recognition of the foregoing conditions and possible
confusion and impairment of the development of the property which
might arise from possible construction.and application of appli-
cable Village ordinances to the subject property, the Corporate
Authorities agree that with respect to their application to
the subject property-the applicable Village ordinances are to
be construed in.such a manner as to recognize and authorize the
following:
A. Upon annexation, the subject property is to be
considered a lot of record within the meaning of
the-Village Zoning Ordinance so as to authorize
and permit its use and the construction of a
building or-buildings thereon irrespective of
the fact-that the area of the subject property
is less than the minimum lot area requirement
for "M" -zoned property as established by the
provisions of the Village Zoning Ordinance.
B. The subject-property is to be considered as
fronting on the private roadway which abuts the
East line thereof.and the required front yard
or building setback line for any structure con -
structed thereon shall not exceed a distance of
fifty (50) feet from the center line of said
private roadway and the parking of vehicles shall
be permissible within said fifty -foot area. The
required rear yard or building setback line from
Pfingsten Road shall not exceed a distance of
100 feet from the center line of Pfingsten
Road and the parking of vehicles shall be per-
mitted within the said rear yard but no nearer
to Pfingsten Road than the East line of the
easement of the Illinois Toll Highway.
The Corporate Authorities further agree that.should it subse-
quently be determined that a variation or variations from the
provisions-of the Village Zoning'Ordinance or other applicable
ordinance of the Village are required to authorize and give
effect to the foregoing, that said Corporate Authorities, after
a public bearing-before the Zoning Board of.Appeals as required
by statute and ordinance, will adopt an ordinance granting such
required variation.
6. In further recognition of the foregoing conditions
with respect to the subject property, and in particular the
elevation of Pfingsten Road along the West line of the.subject
property and the resultant ineffectiveness of:screening of out-
door storage of materials or equipment as required by Paragraph
2.0 of Section XV of the Village Zoning*Ordinance, the Corporate
Authorities agree, upon proper application to the Zonigg Board
of Appeals and after a public hearing as required by.statute and
ordinance, to adopt an.ordinance granting avariation from said
provision relieving the owner of the subject property from said
screening requirement.
7. All ordinances of the Village relating to sub-
division controls, zoning, official plan, and building, housing
and related restrictions, presently-in effect and as modified
by the terms hereof, shall, insofar as they apply to the land
which is the subject of this Agreement, continue.in effect during
the effective period of this Agreement, except with the mutual
consent of the parties.
-8. This Agreement shall be binding-upon the parties
hereto, their respective successors and assigns for a term of
five (5) years from the date hereof.as provided by-statute.
= 6 =
a public bearing-before the Zoning Board of.Appeals as required
by statute and ordinance, will adopt an ordinance granting such
required variation.
6. In further recognition of the foregoing conditions
with respect to the subject property, and in particular the
elevation of Pfingsten Road along the West line of the.subject
property and the resultant ineffectiveness of:screening of out-
door storage of materials or equipment as required by Paragraph
2.0 of Section XV of the Village Zoning*Ordinance, the Corporate
Authorities agree, upon proper application to the Zonigg Board
of Appeals and after a public hearing as required by.statute and
ordinance, to adopt an.ordinance granting avariation from said
provision relieving the owner of the subject property from said
screening requirement.
7. All ordinances of the Village relating to sub-
division controls, zoning, official plan, and building, housing
and related restrictions, presently-in effect and as modified
by the terms hereof, shall, insofar as they apply to the land
which is the subject of this Agreement, continue.in effect during
the effective period of this Agreement, except with the mutual
consent of the parties.
-8. This Agreement shall be binding-upon the parties
hereto, their respective successors and assigns for a term of
five (5) years from the date hereof.as provided by-statute.
7 =
IN WITNESS'WHEREOF, this Agreement has been executed
on behalf of the Owner by its duly authorized officers and on
behalf of the Village of Deerfield by its President and Village
Clerk.
LA SALLE NATIONAL BANK, as Trustee
►`liaTip ".
under Trust No. 29897 AND NOT PERSONALLY
2
A' A ATTEM By
V e p Vice President
t.
Assistant Secretary
-VILLAGE OF'DEERFIELD, ILLINOIS
ATTEST: By,
AT
President
Village Clerk
nN4r `. L 4,v w..
°••O. F. G.OS T'.'�
,.7
1
A N'N E X A T I O N
A G R E E M E N T
THIS AGREEMENT, made and entered into this %
day of , A.b.' 196-, between the VILLAGE OF
DEERFIELD, Cook.and Lake Counties, Illinois, (sometimes for
convenience hereinafter referred to as "Village "), by and
through the President and members of the Board of Trustees of
the Village of Deerfield (sometimes for convenience hereinafter
collectively referred to as the "Corporate Authorities "), and
CHICAGO TITLE AND TRUST COMPANY, as Trustee under Trust No.
43970, of Chicago, Illinois.(sometimes for convenience herein-
after referred to as "Owner"):
W I T N E S S E T H:
WHEREAS, Owner is the owner of record of the following
described real estate:
PARCEL 2:
All that part of the Northwest Quarter of the Northwest
Quarter of Section 4, Township 42 North, Range 12, East
of the Third Principal Meridian described as follows:
Commencing at the point of intersection of a line parallel
to and fifty (50) feet .East of the West line of said
Section 4 and the North line of the Illinois Toll Road,
said North line being 250.20 feet North of the South
line of the Northwest Quarter of the Northwest - Quarter
of said Section 4; thence East along said North line of
the Illinois Toll Road 327.57 feet; thence North on a
line drawn to a point 371.22 feet East of the Northwest
corner of said Section 4 (as measured on the North line
of.said Section 4) hereinafter referred to as Line "A ",
for a distance of.241.50 feet; thence West parallel with
the North line of the Illinois Toll Road aforesaid 326.12
feet.(more or less) to a point in a line fifty (50) feet
East of.and parallel.to the West.line of:said North -
west*Quarter aforesaid; thence South along said
last-described parallel line•to the place of be-
ginning, all in Cook County, Illinois,
-and-
PARCEL 3:
All that part of the Northwest Quarter of the Northwest
Quarter of Section:4, Township 42 North, Range 12, East
of the-Third Principal Meridian described as follows:
Commencing-at the point of intersection of a line parallel
to and fifty (50) feet -East.:of the West line of said
Section 4 and the North line of the Illinois Toll Road,
said North line being 250.20 feet'North of the South
line of the Northwest.Quarter of the Northwest'Quarter
of.said Section 4; thence.East along said North line of
the Illinois Toll Road 327.57 feet; thence North on a
line drawn to a point 371.22 feet:East of the Northwest
corner of:said Section 4 (as measured on�the North line
of:said Section 4) hereinafter referred to as Line "A ",
for a distance of'538.36 feet for a point of beginning;
thence West along a line parallel with the North line
of the Illinois Toll Road aforesaid 324.37 feet (more
or less) to a line parallel to and fifty (50) feet-East
of the West line of said Section 4; thence North along
said last-,described parallel line to its point of inter-
section with a line fifty (50) feet South of and parallel
to the North line of.said Section 4; thence East along
said last.described parallel .line to its point of inter-
section-with the center line of the Union:Drainage District
Ditch Easement; thence Southeasterly along-.said center
line of the Union-Drainage-District Ditch Easement..to
its point of intersection with Line "A "; thence South
along Line "A" to the place of beginning.(except that
part.thereof described as follows: Commencing at a
point on the North line of Section 4 aforesaid, 371.22 feet
East .of the West-line thereof; thence South at 900 to the
said North line of Section 4, 275.73 feet-to the center
line of Union Drainage District:Easement for a point of
beginning of the exception to be described; thence-con-
tinuing South on last described line, 92.52 feet to a
line drawn 70.0 feet Southwesterly of and parallel to
said center line of Union.Drainage District Ditch Ease-
ment; thence Northwesterly along said parallel line 300.0
feet; thence North along a line which forms an interior
angle of 1300 29' 50" with the last- described course,
92.05 feet-to the center line of Union Drainage District
Ditch Easement; thence Southeasterly along said center
line, 299:28 feet�to the point of beginning), all in
Cook County, Illinois,
= 2
_
East of.and parallel.to the West.line of:said North -
west*Quarter aforesaid; thence South along said
last-described parallel line•to the place of be-
ginning, all in Cook County, Illinois,
-and-
PARCEL 3:
All that part of the Northwest Quarter of the Northwest
Quarter of Section:4, Township 42 North, Range 12, East
of the-Third Principal Meridian described as follows:
Commencing-at the point of intersection of a line parallel
to and fifty (50) feet -East.:of the West line of said
Section 4 and the North line of the Illinois Toll Road,
said North line being 250.20 feet'North of the South
line of the Northwest.Quarter of the Northwest'Quarter
of.said Section 4; thence.East along said North line of
the Illinois Toll Road 327.57 feet; thence North on a
line drawn to a point 371.22 feet:East of the Northwest
corner of:said Section 4 (as measured on�the North line
of:said Section 4) hereinafter referred to as Line "A ",
for a distance of'538.36 feet for a point of beginning;
thence West along a line parallel with the North line
of the Illinois Toll Road aforesaid 324.37 feet (more
or less) to a line parallel to and fifty (50) feet-East
of the West line of said Section 4; thence North along
said last-,described parallel line to its point of inter-
section with a line fifty (50) feet South of and parallel
to the North line of.said Section 4; thence East along
said last.described parallel .line to its point of inter-
section-with the center line of the Union:Drainage District
Ditch Easement; thence Southeasterly along-.said center
line of the Union-Drainage-District Ditch Easement..to
its point of intersection with Line "A "; thence South
along Line "A" to the place of beginning.(except that
part.thereof described as follows: Commencing at a
point on the North line of Section 4 aforesaid, 371.22 feet
East .of the West-line thereof; thence South at 900 to the
said North line of Section 4, 275.73 feet-to the center
line of Union Drainage District:Easement for a point of
beginning of the exception to be described; thence-con-
tinuing South on last described line, 92.52 feet to a
line drawn 70.0 feet Southwesterly of and parallel to
said center line of Union.Drainage District Ditch Ease-
ment; thence Northwesterly along said parallel line 300.0
feet; thence North along a line which forms an interior
angle of 1300 29' 50" with the last- described course,
92.05 feet-to the center line of Union Drainage District
Ditch Easement; thence Southeasterly along said center
line, 299:28 feet�to the point of beginning), all in
Cook County, Illinois,
which parcels of real estate are identified as Parcel 2 and Parcel
3, respectively, on-the Plat of Survey marked.Exhibit "A ", which
is attached hereto and made a part hereof; and
WHEREAS, said real estate is included within an area
which is proposed to be annexed to the Village and is contiguous
to the corporate limits of the'Village, and Owner desires to annex
said real estate to the Village on the terms and conditions here-
inafter-set forth; and
WHEREAS, pursuant to the provisions of Section 11- 15.1 -1,
et seq. of the Illinois Municipal Code.(Chapter 24, Illinois
Revised Statutes 1963), a proposed.Annexation Agreement in sub-
stance and in form the same as this Agreement was submitted to
the Corporate Authorities 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 Village on-the requested zoning classification of the subject
property in the '1,1" Manufacturing District, and written findings
of fact and recommendation made by said Plan Commission were
submitted to the'Corporate Authorities; and
WHEREAS, the Corporate Authorities, after due and care-
ful consideration, have concluded that the annexation of.said
real estate to the'Village 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
= 3.=
which parcels of real estate are identified as Parcel 2 and Parcel
3, respectively, on-the Plat of Survey marked.Exhibit "A ", which
is attached hereto and made a part hereof; and
WHEREAS, said real estate is included within an area
which is proposed to be annexed to the Village and is contiguous
to the corporate limits of the'Village, and Owner desires to annex
said real estate to the Village on the terms and conditions here-
inafter-set forth; and
WHEREAS, pursuant to the provisions of Section 11- 15.1 -1,
et seq. of the Illinois Municipal Code.(Chapter 24, Illinois
Revised Statutes 1963), a proposed.Annexation Agreement in sub-
stance and in form the same as this Agreement was submitted to
the Corporate Authorities 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 Village on-the requested zoning classification of the subject
property in the '1,1" Manufacturing District, and written findings
of fact and recommendation made by said Plan Commission were
submitted to the'Corporate Authorities; and
WHEREAS, the Corporate Authorities, after due and care-
ful consideration, have concluded that the annexation of.said
real estate to the'Village 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.
NOW, THEREFORE, in consideration of the premises and
of the mutual covenants and agreements herein contained, it is
hereby agreed as follows:
1. That this Agreement is made pursuant to and in
accordance with the provisions of.Section 11- 15.1 -1, et'seq.,
Illinois Municipal.Code (Chapter 24, Illinois Revised Statutes
1963).
2. Owner, upon the execution of this Agreement, will
execute and file with the Village Clerk a proper petition, or
petitions, conditioned on the terms and conditions of this
Agreement, to annex the real estate described above to the
Village, and, if necessary to effect such annexation, Owner
-will, in conjunction with other owners and electors in the
area, institute a proceeding under the provisions of Section
7 -1 -2 of the Illinois Municipal Code (Chapter.24, Illinois
Revised Statutes 1963) to cause the question of the annexation
of certain territory, including-the subject property herein-
above described, to be-submitted to the Corporate Authorities.
3. The Corporate Authorities, immediately upon the
execution of this Agreement and upon the filing of a proper pe-
tition, or-petitions, by*Owner as hereinabove provided, or upon
the submission to the Corporate.Authorities of the question of
annexing certain territory, including-the subject property, pur-
suant to a proceeding under the provisions of Section 7 -1 -2 of
= 4 _
the best Interests of the Village.
NOW, THEREFORE, in consideration of the premises and
of the mutual covenants and agreements herein contained, it is
hereby agreed as follows:
1. That this Agreement is made pursuant to and in
accordance with the provisions of.Section 11- 15.1 -1, et'seq.,
Illinois Municipal.Code (Chapter 24, Illinois Revised Statutes
1963).
2. Owner, upon the execution of this Agreement, will
execute and file with the Village Clerk a proper petition, or
petitions, conditioned on the terms and conditions of this
Agreement, to annex the real estate described above to the
Village, and, if necessary to effect such annexation, Owner
-will, in conjunction with other owners and electors in the
area, institute a proceeding under the provisions of Section
7 -1 -2 of the Illinois Municipal Code (Chapter.24, Illinois
Revised Statutes 1963) to cause the question of the annexation
of certain territory, including-the subject property herein-
above described, to be-submitted to the Corporate Authorities.
3. The Corporate Authorities, immediately upon the
execution of this Agreement and upon the filing of a proper pe-
tition, or-petitions, by*Owner as hereinabove provided, or upon
the submission to the Corporate.Authorities of the question of
annexing certain territory, including-the subject property, pur-
suant to a proceeding under the provisions of Section 7 -1 -2 of
= 5 =
the Illinois Municipal Code (Chapter 24, Illinois Revised
Statutes 1963), will enact an ordinance annexing-the real
estate hereinabove described to the Village.
4. Immediately of ter the passage-of the ordinance
annexing the real estate hereinabove described, the Corporate
Authorities shall cause to be adopted an amendment to the Zoning
Ordinance of the Village zoning and.classifying:each of.-said
parcels of real estate hereinabove described in the "M" Manu-
facturing,-District.
5. It-is understood and agreed that the subject pro-
perty-has the following peculiar characteristics which appear
in part from the attached Plat of Survey:
A. Each parcel has an area of approximately two
(2) acres.
B. Fronts on and is served by a private road
which is subject to a perpetual easement agree-
ment-providing for its maintenance and repair.
C. The West line of each parcel abuts Pfingsten
Road and the West approximately'40 feet of
each parcel is subject to an easement for the
berm of Pfingsten Road which gradually elevates
as it passes over a portion of the Illinois Toll
Highway immediately South of the subject property.
D. Each parcel is zoned or classified in the "M -1"
Restricted Manufacturing :District .under -the pro -
-visions of the�Cook County Zoning'Ordinance.
E. That a.substantial.structure has been erected
on.Parcel 2, which building and premises are
used and occupied by Soil Testing Services, Inc.,
a-.soils engineering firm, which use includes the
outdoor storage of materials, vehicles and equip-
ment.
= 6 =
In recognition of the foregoing conditions and possible
confusion and impairment of the use and development of the pro-
perty which might.arise from possible construction and applica-
tion of.applicable Village ordinances, the Corporate Authorities
agree that with respect-to their application to the subject
property the applicable Village ordinances are to be construed
in such a manner as to recognize and authorize the following:
A. Upon annexation, each parcel of the subject
property is to be considered a lot of record
within the meaning of the Village Zoning'Ordinance
so as to authorize and permit.the use and con -
-struction of a building or� buildings on each of
said parcels irrespective of the fact that the
area of each of.said parcels is less than the
minimum lot area requirement for "M" -zoned
property as established by-the Village Zoning
Ordinance.
B. To the extent that the building located on
Parcel 2 and the use made thereof at the time
of annexation are not in compliance with the
provisions of applicable Village ordinances,
such building and use shall be deemed and con -
sidered nonconforming, and.such.structure and
use may be,contiaued and remain as a noncon-
forming-use and structure without compliance
with such ordinance provisions and require-
ments.
C. Parcel 2.is to be considered as fronting on
the private roadway which abuts the East line
thereof and the required front yard or building
-setback line for any. structure constructed
thereon-shall not exceed a distance of fifty
(50) feet from the center line of said private
roadway and the parking of vehicles shall be
permissible within said fifty -foot area. The
required rear yard or-building: setback line
from Pf ingsten-Road shall not exceed a distance
-of 100 feet from the center line of Pfingsten
Road and the-parking-of-vehicles and outdoor
storage of materials and equipment-shall be
permitted within.said rear yard up to the East
.line of"'the easement of the Illinois Toll High-
way. A minimum setback of 190 feet from the. center
line of Lake -Cook Road will be maintained on parcel 3.
D. Upon annexation, Parcel 3 is to be considered
as fronting on the private roadway which abuts
the North and.East lines of said parcel and the
required front-yard or building-setback-line for
any structure constructed thereon.shall not exceed
a distance •of fifty (50) feet from the center
line of said private roadway, and the parking
of-vehicles shall be permissible within said
fifty -foot area. The required building :setback
from Pfingsten Road shall not exceed 100 feet
from the center line of Pfingsten Road, and the
parking of vehicles.shall be permitted within
said area up to the. East line of the easement
of the Illinois Toll Highway.
The Corporate Authorities further agree that.should it= subse-
quently be determined that a variation or variations from the
provisions of the applicable Village ordinances are required to
authorize and give effect to the foregoing, that said Corporate
Authorities, after a public hearing before the Zoning Board of
Appeals as required by statute and ordinance, will adopt an
ordinance granting-such variation.
6. In further-recognition-of the foregoing conditions
with respect-to the subject property, and in particular the
elevation of Pfingsten Road along the West line of Parcel 2
of the subject property and the resultant ineffectiveness of
screening of outdoor storage of materials or equipment as re-
quired by Paragraph 2:C of Section XV of the Village Zoning
Ordinance, the Corporate.Authorities agree, upon proper applica-
tion to the Zoning Board of:Appeals and after a public hearing
as required by statute and ordinance, tD adopt an ordinance
granting the variation from said provision relieving the owner
of Parcel 2.from said screening requirement.
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D. Upon annexation, Parcel 3 is to be considered
as fronting on the private roadway which abuts
the North and.East lines of said parcel and the
required front-yard or building-setback-line for
any structure constructed thereon.shall not exceed
a distance •of fifty (50) feet from the center
line of said private roadway, and the parking
of-vehicles shall be permissible within said
fifty -foot area. The required building :setback
from Pfingsten Road shall not exceed 100 feet
from the center line of Pfingsten Road, and the
parking of vehicles.shall be permitted within
said area up to the. East line of the easement
of the Illinois Toll Highway.
The Corporate Authorities further agree that.should it= subse-
quently be determined that a variation or variations from the
provisions of the applicable Village ordinances are required to
authorize and give effect to the foregoing, that said Corporate
Authorities, after a public hearing before the Zoning Board of
Appeals as required by statute and ordinance, will adopt an
ordinance granting-such variation.
6. In further-recognition-of the foregoing conditions
with respect-to the subject property, and in particular the
elevation of Pfingsten Road along the West line of Parcel 2
of the subject property and the resultant ineffectiveness of
screening of outdoor storage of materials or equipment as re-
quired by Paragraph 2:C of Section XV of the Village Zoning
Ordinance, the Corporate.Authorities agree, upon proper applica-
tion to the Zoning Board of:Appeals and after a public hearing
as required by statute and ordinance, tD adopt an ordinance
granting the variation from said provision relieving the owner
of Parcel 2.from said screening requirement.
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7. All ordinances of the'Village relating to sub-
division controls, zoning, official plan, and building, housing
and related restrictions, presently in effect and as modified
by the terms hereof, shall, insofar as they apply to the land
which is the subject of this Agreement, continue in effect
during the effective period of this Agreement, except with the
mutual consent of the-parties.
8. This Agreement shall be binding upon the parties
hereto, their respective successors and assigns for a term of
five (5) years from the-date hereof as provided by statute.
IN WITNESS WHEREOF, this Agreement has been executed
on behalf of the Owner by its duly authorized officers and on
behalf of the Village of Deerfield by its President and Village
Clerk.
CHICAGO TITLE AND TRUST•COMPANY,
as Trustee under 'Trust 'No . 43970
A
.ATTEST: By
Assistant-Vice President.
Assist t Secretary
S o
VILLAGE OF DEERFIELD, . ILLINOIS�
ATTEST-T""", By.
President
'14 aV.i- llage: C1`Erk
'- It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwith-
-,tanding, 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 f or 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 enforceable against
the Chicago Title and Trust Company or any of the beneficiaries under said Trust Agreement, on account of this instrument
or on. account of 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.
FORM 11
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