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O-67-12VILLAGE OF DEERFIELD ORDINANCE NO. 0- 6`. -12 AN ORDINANCE AMENDING THE ZONING MAP OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD (VALENTI SHOPPING CENTER) PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 20th DAY OF March , A.D. 196 j . Published in pamphlet form by authority of the corporate authorities of the Village of Deerfield, Illinois, the 20th day of March , A.D. 196 J. l i ORDINANCE NO. 0-67j- 12 AN ORDINANCE AMENDING THE ZONING MAP OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD (VALENTI SHOPPING CENTER) WHEREAS, the Plan Commission of the Village of Deerfield, pursuant to proper notice, has held a public hearing upon the request of the owner of certain real estate hereinafter described to rezone and reclassify.said real estate from the Office and Research District to the B -1 Neighborhood Business District in order to construct thereon and utilize said real estate for the purposes of a retail shopping center; and WHEREAS, the said Plan Commission has recommended approval of said owner's proposed plan of development of said real estate subject to certain conditions and restrictions and has recommended that the Presidenk and Board of Trustees amend the Zoning Map of the Zoning Ordnance of the Village to so re- zone and reclassify said real estate in order to authorize said development; and WHEREAS' -,, the owner, recognizing that the conditions and restrictions on the proposed use and development of said real estate as recommended by the Plan Commission are in the best interests both of the public and the owner, has submitted for recording a duly executed Declaration of Restrictive Coven- ants, which Declaration gives effect to the said conditions and restrictions recommended by the Plan Commission, and a copy of which Declaration of Restrictive Covenants is attached hereto and made a part hereof; and WHEREAS, the President and Board of Trustees, in the exercise of their legislative judgment, have determined that the proposed use and development of said real estate, as repre- sented by the owner at the public hearing on the owner'.s request for rezoning and as disclosed on a certain plan of development, attached to.and made a part of the owner's Declaration of Restric- tive Covenants hereinabove referred to, together with the con- ditions and restrictions thereon recommended by the Plan Commis- sion, is in the best interest of the Village and have further determined that the rezoning and reclassifying of said real estate to permit said proposed use and development similarily is in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES'OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS., AS FOLLOWS: i • 2 / SECTION That the Zoning Map of the Village of ONE: Deerfield included and made a part of the Village of Deerfield Zoning Ordinance, passed May 4, 1953, as amended, is hereby further amended by rezoning and reclassifying the real estate, the legal d &scrip- tion of which is set forth on attached Exhibit "A ", from the Office and Research District to the B -1 Neighborhood Business Distrct and the corresponding changes,in designations on the Zoning Map are hereby made. SECTION That this Ordinance shall be in full force TWO: and effect from and after its passage, approval and publication, in the manner provided by law. AYES: FOUR (4) NAYS: NONE (0) ABSENT: ONE (1) PASSED this 20th day of March A .D . 1964. APPROVED this 20th day of March , A.D. 1967, . i President ATTEST: Village Clerk 4 VALENTI SHOPPING CENTER LEGAL DESCRIPTION .EXHIBIT "A 11 That. part of the North half of Section Four, Township 42 North, Range 12, East of the Third Principal Meridian, described as follows: Commencing on the North line of Said Section 4 and the center line of the State Road ( Waukegan Road) and running thence West on said North line 79.3.8 feet; thence Southeasterly parallel to the Easterly line of the right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad 1174 feet; thence east 813 feet; thence North 32.8 feet to the center line of said State Road; Northwesterly along said center line of State Road 1154.4 feet to the place of beginning. r' i VALENTI SHOPPING CENTER LEGAL DESCRIPTION .EXHIBIT "A 11 That. part of the North half of Section Four, Township 42 North, Range 12, East of the Third Principal Meridian, described as follows: Commencing on the North line of Said Section 4 and the center line of the State Road ( Waukegan Road) and running thence West on said North line 79.3.8 feet; thence Southeasterly parallel to the Easterly line of the right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad 1174 feet; thence east 813 feet; thence North 32.8 feet to the center line of said State Road; Northwesterly along said center line of State Road 1154.4 feet to the place of beginning. r' RESTRICTIVE COVENANT AGREEMENT WHEREAS, the undersigned, VALENTI'S SAUGANASH ESTATES,, INC.i an Illinois corporation, as owner of the real estate legally described as follows: that part of the North half of Section four (4), Township ' forty two (42) North, Range twelve (12), East of the Third Principal Meridian described as follows: Commencing on the North line of said Section four (4) and the center line of the State Road (Waukegan Road) and running thence West on said North line seven hundred ninety three and eight tenths (793.8) feet; thence South Easterly parallel to the Easterly line of the right of way of the Chicago Milwaukee St. Paul and Pacific Railroad one thousand one hundred seventy four (1174) feet; thence East eight hundred thirteen (813) feet; thence North thirty two and eight tenths (32.8) feet to the center of said State Road; North Westerly along said center line of State Road one thousand one hundred fifty four and four tenths (1154.4) feet to the place of beginnings filed its Petition to Rezone said real estate, to permit the develop- ment of the same for a community shopping center, and on October 6, 1966, at a duly convened public hearing before the Deerfield Plan Commission, held pursuant to notice, submitted its plan of development, all more fully set forth in the Minutes of said meeting, and WHEREAS, the undersigned desires to develop the same in accord- ante with recommendations of the Deerfield Plan Commission, dated November 3, 1966; for shopping center purposes, and WHEREAS, the Plan Commission of the Village of Deerfield recom- mended that certain covenants and restrictions be imposed upon the use of said land. N010v THEREFORE, the undersigned, VALENTI'S SAUGANASH ESTATESi INC:, an Illinois corporation, fbr itself, its successors, assigns and grantees, does hereby covenant with the Village of Deerfield, Dderfield, Illinois, a municipal corporation, that the use of the above- described real estate shall b6 restricted in the following manner: a). The development df the site shall substantially conform in all respects td thd.preliminary site plan ^4 RECORDED: March 29, 1967. No. 20 095 813 Book 734 of plats page 42 (A prepared by Sidney Ii. Morris .& Associates, dated November 2, 1966, a copy of which is attached hereto and made a part hereof; b). That no part of the aforedescribed parcel of real estate shall be used as a gasoline service station ;. c). That part of the above- described real estate indicated as "reserved area" on the site plan above re= ferred to, being the corner of Waukegan Road and Lake - Cook.Road, measuring aporoxiinately one hundred seventy= five feet (175') by one hundred ninety feet (190'), shall not be used as it g"oline service station, and when used for any lawful purpose, access to said reserved parcel shall be provided from the main parking ldt area and that no access to said parcel shall be from Waukegan Road or Lake -Cook Road; d). All access drives on the aforedescribed real estate shall be located as shown on the preliminary site plan, and there shall be provided deceleration lanes on both Waukegan Road and take -Cook Road, ali to be in ac cordance with the State and County specifications; e). If at any time hereafter, the real estate immed- iately south and adjacent to the real estate described in this Agreement, is developed for residential purposes, the undersigned, its successors, assigns and grantees, shall, upon demand of the Village of Deerfield, construct a six foot (61) stockade fence along its &outh property line, as a buffbr and bArrier between the two zoning districts; and the undersigned shall, immediately upon comencement'of construction of any building on the -24 i z "1 aforedescribed land, construct a six foot W) stock- ade fence along the west line of the aforedescribed real estate. The 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 under it, and shall be construed as.real covenants running with the land. These covenants shall run to the benefit of the Village of Deerfield, Illinois, which may enforce their terms by an appropriate form of action at law or in equity in any court of competent jurisdiction, and said covenants may only be released, amended or varied by action of the Village Board of Trustees of the Village of Deerfield. VALENTI S SAUGANASH ESTATES* INC.* an Ikli ois or By esident ATTEST: . Secretary STATE OF ILLINOIS ) SS. COUN'T'Y OF C O O K ) r I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify. that JOSEPH E. VALENTI, personally known to me to be the President of VALENTI'S SAUGANASH ESTATES,, INC:, and W11MA BLOECHL, personaliy known to me to be the Assistant Secretary of said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person�•and severally acknowledged that as such President and Assistant Secretary of said corporation, they signed and delive'r'ed the said instrument as President and Secretary of said corporation, and aaused.the corporate seAl of said corporation to be affixed thereto, pursuant to authority given by the Board of Directors of said cbrpor r -' ation as their free and voluntary act, and as the free and voluntary act and deed of said VALENTI'S 6AUGANASH ESTATES, INC., for the uses and purposes therein set forth. Given under my hand and notarial seal, this 17th day of March, 1967. / ( ,A, Notary P I lic: 1 f My commission expires; � � ' %- '•? , 1968 Recorded March 29, 1967 No. 20 0950813 (Plat attached) Book 734 of Plats page 42 J l A J