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O-19-09VILLAGE OF DEERFIELD ORDINANCE NO. 2019- 0-19-09 AN ORDINANCE APPROVING AMENDMENTS TO THE SIGN PLAN AND ZONING EXCEPTIONS WITHIN THE APPROVED PLANNED DEVELOPMENT TO ADD A GROUND SIGN AT 111 S. PFINGSTEN ROAD WHEREAS, Adventus Realty LP#1 ("Applicant's is the owner of that certain property commonly known as 111 S. Pfingsten Road, Deerfield, Illinois, within the Village's I-1 Office, Research and Restricted Industrial District, which property is legally described in Exhibit A ("Property'); and WHEREAS, on November 18, 1985, pursuant to Ordinance No. 0-85-51, the Village granted preliminary and final approval of a planned unit development for the Property ("Approved Planned Development'; and WHEREAS, the Approved Planned Development included, among other things, a sign plan for the Property (the "Sign Plan'; and WHEREAS, in 2001, the Village Board adopted Ordinance No. 0-01-41, approving an amendment to the Sign Plan to allow two 21-square-foot wall signs on the north and south walls of the building on the Property; and WHEREAS, in 2004, the Village Board adopted Ordinance No. 0-04-27, approving an amendment to the Sign Plan to allow a ground sign for Smith Barney, a tenant, on the Property ("Original Ground Sign'); and WHEREAS, in 2014, the Village Board adopted Ordinance No. 0-14-08, approving an amendment to the Sign Plan to replace the Original Ground Sign with a ground sign for Morgan Stanley ("Morgan Stanley Ground Sign') and zoning exception within the Approved Planned Development to allow the Morgan Stanley Ground Sign to be located within the required front yard setback; and WHEREAS, the Applicant has filed an application with the Village to further amend the Sign Plan and the Approved Planned Development to permit the Applicant to remove the Morgan Stanley Ground Sign and install a new ground sign with six tenant panels in the same location ("New Ground Sign'), and for zoning exceptions within the Approved Planned Development ("Exceptions' (collectively, the New Ground Sign and the Exceptions are the "Requested Amendments'; and WHEREAS, public notice duly given and published as required by statute and conforming in all respects, in both manner and form, with the Zoning Ordinance of the Village of Deerfield (the "Zoning Ordinance', the Plan Commission of the Village of Deerfield held a public hearing on February 28, 2019 on the Requested Amendments; and WHEREAS, the Plan Commission, after considering the evidence, testimony and supporting materials offered at said public hearing, filed its report with the President and Board of Trustees containing its written findings of fact and recommendation that the Village Board approve the Requested Amendments as amendments to the previously approved Sign Plan and Approved Planned Development; and WHEREAS, the Village Board has determined that the Requested Amendments comply with the requirements and standards set forth in Article 9 and 12 of the Zoning Ordinance; and WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the Requested Amendments to the previously approved Sign Plan and Approved Planned Development are in the best interests of the Village; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as the findings of the Village Board. SECTION TWO: APPROVAL OF SIGN PLAN AMENDMENT. Subject to the conditions, restrictions, and provisions set forth in Section Four of this Ordinance, the President and Board of Trustees hereby approves the Sign Plan Amendment to permit the installation of the New Ground Sign on the Property, all as more fully depicted in Exhibit B attached to and, by this reference, made a part of this Ordinance. SECTION THREE: APPROVAL OF ZONING EXCEPTIONS WITHIN THE APPROVED PLANNED DEVELOPMENT. In accordance with Section 12.01-B.1 of the Zoning Ordinance and the home rule powers of the Village, and subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Four of this Ordinance, the following exceptions from the Zoning Ordinance are hereby granted: A. An exception from Section 9.02-C.l.a(2) of the Zoning Ordinance to allow the New Ground Sign to state the address of the building and six tenant names where only the address and the name of the building or development are permitted; and B. An exception from Section 9.02-C.l.c(2) of the Zoning Ordinance to allow the New Ground Sign to be located 26 feet from the west property line within the required 100- foot front yard setback, when ground signs are prohibited within required setbacks. SECTION FOUR: CONDITIONS. The approvals granted in Sections Two and Three of this Ordinance are hereby expressly subject to and contingent upon the following conditions: A. The New Ground Sign must be constructed, installed, maintained and used in accordance with the plans and supporting materials attached hereto and made a part of this Ordinance as Exhibit B. -2- B. The Applicant must comply with all representations made and submitted by the Applicant to the Plan Commission and to the President and Board of Trustees of the Village of Deerfield. C. The Applicant must comply with all applicable Village codes and ordinances, as the same have been or may be amended from time to time, except to the extent specifically provided otherwise in this Ordinance. SECTION FIVE: FAILURE TO COMPLY WITH CONDITIONS. Upon the failure or refusal of the Applicant to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, in addition to all other remedies available to the Village, the approvals granted in Sections Two and Three of this Ordinance ("Approvals' may, at the sole discretion of the Village Board, by ordinance duly adopted, be revoked and become null and void; provided, however, that the Village Board may not so revoke the Approvals unless it first provides the Applicant with two months advance written notice of the reasons for revocation and an opportunity to be heard at a regular meeting of the Village Board. In the event of such revocation, the Village Manager and Village Attorney are hereby authorized and directed to bring such zoning enforcement action as may be appropriate under the circumstances. SECTION SIX. BINDING EFFECT. That the Requested Amendments described herein, and hereby authorized as amendments to the Sign Plan and the Approved Planned Development, shall be binding upon and inure to the benefit of the Applicant and Applicant's successors, grantees, transferees and assigns, and any violation of this Ordinance or the conditions, regulations and restrictions set forth herein by the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of this Ordinance and the Requested Amendments as hereby authorized. SECTION SEVEN: EFFECTIVE DATE. This Ordinance will be effective only upon the occurrence of all of the following events: A. Passage by the Village Board by a majority vote in the manner required by law; B. Publication in pamphlet form in the manner required by law; C. The filing, within 60 days of the passage of this Ordinance, by the Applicant with the Village Clerk, of a fully executed Unconditional Agreement and Consent, in the form of Exhibit C attached to and, by this reference, made a part of this Ordinance, for the Applicant to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance and to indemnify the Village for any claims that may arise in connection with the approval of this Ordinance; and D. Recordation of this Ordinance, together with such exhibits as the Village Clerk deems appropriate for recordation, with the office of the Recorder of Cook County. [SIGNATURE PAGE FOLLOWS] -3- AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers NAYS: None ABSTAIN: None ABSENT: None PASSED: April 15, 2019 APPROVED: April 16, 2019 ORDINANCE NO, 0-19-09 ATTES Kent S. street, Villag Clerk -4- Harriet Rosenthal, Mayor EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1: (ALSO KNOWN AS PARCEL A): ALL THAT PART OF THE NORTHWEST 1/ OF THE NORTHWEST 1/ OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF A LINE PARALLEL WITH AND 50 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 4, AND A LINE PARALLEL WITH AND 50 FEET EAST OF THE WEST LINE OF SAID SECTION 4; THENCE SOUTH ALONG SAID LINE, PARALLEL WITH THE WEST LINE OF SAID SECTION 4, TO ITS INTERSECTION WITH THE NORTH LINE OF THE ILLINOIS TOLL ROAD, SAID NORTH LINE BEING 250.20 FEET NORTH OF THE SOUTH LINE OF NORTHWEST 1/ OF THE NORTHWEST 1/ OF SAID SECTION 4; THENCE EAST ALONG SAID NORTH LINE OF THE ILLINOIS TOLL ROAD, A DISTANCE OF 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 TO ITS INTERSECTION WITH A LINE PARALLEL WITH AND 70 FEET SOUTHWESTERLY OF (AS MEASURED AT RIGHT ANGLES TO) THE CENTER LINE OF UNION DRAINAGE DISTRICT DITCH EASEMENT; THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE, A DISTANCE OF 300.00 FEET, MORE OR LESS, TO ITS INTERSECTION WITH A LINE DRAWN 145.28 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 4; THENCE NORTH ALONG SAID PARALLEL LINE A DISTANCE OF 92.05 FEET, MORE OR LESS, TO ITS INTERSECTION WITH THE CENTER LINE OF UNION DRAINAGE DISTRICT DITCH EASEMENT; THENCE NORTHWESTERLY ALONG SAID CENTER LINE OF UNION DRAINAGE DISTRICT DITCH EASEMENT TO ITS INTERSECTION WITH A LINE PARALLEL WITH AND 70 FEET SOUTH OF THE NORTH LINE OF SAID SECTION4; THENCE WEST ALONG SAID PARALLEL LINE TO ITS INTERSECTION WITH THE EASTERLY LINE OF THAT PART OF SAID NORTHWEST 1/ TAKEN BY THE ILLIN01S STATE TOLL HIGHWAY COMMISSION IN CASE NUMBER 56x14980 (HEREINAFTER LINE "A"), THENCE NORTHWESTERLY ALONG SAID LINE "A" TO ITS INTERSECTION WITH A LINE PARALLEL WITH AND 50.00 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 4; THENCE WEST ALONG SAID PARALLEL LINE TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PARCEL 2 (ACCESS ROAD EASEMENT): PREPETUAL NON-EXCLUSIVE EASEMENT APPURTENANT TO AND FOR THE BENEFIT OF PARCEL "A" AS CREATED BY MUTUAL VACATION AND GRANT OF EASEMENT AGREEMENT DATED JANUARY 24, 1986 AND RECORDED JANUARY 24, 1986 AS DOCUMENT NUMBER 86033272 MADE BY AND BETWEEN CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED DECEMBER 12, 1961 AND KNOWN AS TRUST NUMBER 43970, AND HARRIS TRUST AND SAVINGS BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED NOVEMBER 24, 1965 AND KNOWN AS TRUST NUMBER 32133, AND HARRIS TRUST AND SAIVINGS BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED DECEMBER 1, 1984 AND KNOWN AS TRUST NUMBER 43029, FOR PEDESTRAIN AND VEHICULAR INGRESS, EGRESS AND ACCESS TO AND FROM PFINGSTEN ROAD TO AND FROM PARCEL B AND FOR MAINTENANCE REPAIR AND REPLACEMENT OF THE ACCESS ROAD, AS MORE PARTICULARLY DESCRIBED THEREIN, OVER, UNDER ,UPON AND ACROSS THOSE PORTIONS OF PARCELS `B" AND "C", AS DESCRIBED BELOW, AS DEPICTED ON EXHIBIT "E" ATTACHED THERETO. PARCEL 3 (UTILITY EASEMENT): PERPETUAL NON-EXCLUSIVE EASEMENT APPURTENANT TO AND FOR THE BENEFIT OF PARCEL "A" AS CREATED BY MUTUAL VACATION AND GRANT OF EASEMENT AGREEMENT DATED JANUARY 24, 1986 AND RECORDED JANUARY 24, 1986 AS DOCUMENT NUMBER 86033272 MADE BY AND BETWEEN CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED DECEMBER 12, 1961 AND KNOWN AS TRUST NUMBER 43970, HARRIS TRUST AND SAVINGS BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED NOVEMBER 24, 1965 AND KNOWN AS TRUST NUMBER 32133, AND HARRIS TRUST AND SAVINGS BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED DECEMBER 1, 1984 AND KNOWN AS TRUST NUMBER 43029, FOR INSTALLATION, MAINTENANCE AND REPAIR OF WATER AND GAS MAINS, SANITARY SEWER AND STORM SEWER LINES, LATERALS, FEEDERS, BASINS, ELECTRICAL CONDUITS, TRANSFORMERS AND RELATED FACILITIES OVER, UNDER AND UPON AND ACROSS THOSE PORTIONS OF PARCELS `B" AND "C", DESCRIBED BELOW, AS DEPICTED ON EXHIBIT "F" ATTACHED TO SAID AGREEMENT. PARCEL 4 (CONSTRUCTION EASEMENT): PERPETUAL NON-EXCLUSIVE EASEMENT APPURTENANT TO AND FOR THE BENEFIT OF PARCEL "A" AS CREATED BY MUTUAL VACATION AND GRANT OF EASEMENT AGREEMENT DATED JANUARY 24, 1986 AND RECORDED JANUARY 24, 1986 AS DOCUMENT NUMBER 86033272 MADE BY AND BETWEEN CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED DECEMBER 12, 1961 AND KNOWN AS TRUST NUMBER 43970, HARRIS TRUST AND SAVINGS BANK, AS TRUSTEE UNDER AGREEMENT DATED NOVEMBER 24, 1965 AND KNOWN AS TRUST NUMBER 32133, AND HARRIS TRUST AND SAVINGS BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED DECEMBER 1, 1984 AND KNOWN AS TRUST NUMBER 43029, OVER UNDER, UPON AND ACROSS THOSE PORTIONS OF PARCELS "B" AND "C", DESCRIBED BELOW AS MAY BE REQUIRED FOR CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR AND RESTORATION OF THE ACCESS ROAD AND THE UTILITY FACILITIES, AS MORE PARTICULARLY DEFINED HEREIN. r•� AN EASEMENT FOR PUBLIC UTILITIES PURPOSES, AS GRANTED BY NORTH SHORE GAS COMPANY TO CARL A. METZ, IN AN EASEMENT RECORDED DECEMBER 26, 1961 AS DOCUMENT NUMBER 18362203, OVER, UNDER AND UPON THE FOLLOWING DESCRIBED REAL ESTATE: A STRIP OF LAND 10 FEET IN WIDTH, BEING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING TO A POINT ON THE NORTH LINE OF THE NORTHWEST '/ OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, SAID POINT BEING 434.37 FEET EAST (AS MEASURED ON SAID NORTH LINE) OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH PERPENDICULAR TO SAID NORTH LINE, 50 FEET TOT THE POINT OF BEGINNING OF SAID 10 FOOT STRIP HEREIN DESCRIBED; THENCE CONTINUING SOUTH ALONG SAID PERPENDICULAR LINE, A DISTANCE OF 239.06 FEET, MORE OR LESS, TO ITS INTERSECTION WITH THE NORTHWESTERLY LINE OF UNION DRAINAGE DISTRICT EASEMENT; THENCE SOUTHWESTERLY PERPENDICULARLY TO SAID NORTHWESTERLY LINE, A DISTANCE OF 100 FEET TO A POINT ON A LINE WHICH IS 70 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE CENTER LINE OF SAID UNION DRAINAGE DISTRICT EASEMENT, SAID POINT BEING THE SOUTHERLY TERMINUS OF THE AFORESAID 10 FOOT STRIP OF LAND, IN COOK COUNTY, ILLINOIS. REFERENCE PARCEL B: THAT PART OF THE NORTHWEST '/ OF THE NORTHWEST '/ OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE ILLINOIS TOLLROAD, BEING 250.20 FEET NORTH OF THE SOUTH LINE OF THE NORTHWEST '/ OF SAID SECTION 4; THENCE EAST ON SAID LINE, A DISTANCE OF 377.57 FEET FOR A POINT OF COMMENCEMENT; 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", A DISTANCE OF 373.65 FEET FOR THE POINT OF BEGINNING OF TRACT TO BE DESCRIBED: THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID ILLINOIS TOLL ROAD, A DISTANCE OF 476.78 FEET, TO THE CENTER LINE, A DISTANCE OF 927.66 FEET TO A POINT IN A INE 145.28 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID NORTHWEST '/ OF SECTION 4; THENCE SOUTH ALONG SAID PARALLEL LINE, A DISTANCE OF 92.05 FEET, TO A POINT IN A LINE 70 FEET SOUTHWESTERLY OF AND PARALLEL TO THE CENTER LINE OF UNION DRAINAGE DISTRICT DITCH; THENCE SOUTHEASTERLY ALONG LAST DESCRIBED PARALLEL LINE, A DISTANCE OF 300 FEET TO A LINE "A" AFOREMENTIONED; THENCE SOUTH ALONG SAID LINE "A", A DISTANCE OF 321.35 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. REFERENCE PARCEL C: THAT PART OF THE NORTHWEST '/ OF THE NORTHWEST '/ OF SECTION 4, TOWNSHIP 42, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF THE WEST LINE OF SAID SECTION 4 AFORESAID WITH THE NORTH LINE OF THE ILLINOIS TOLL ROAD, SAID POINT BEING 250.20 FEET NORTH OF THE SOUTH LINE OF THE NORTHWEST '/ OF THE NORTHWEST'/ OF SAID SECTION 4; THENCE EAST ON THE SAID NORTH LINE 377.57 FEET FOR A POINT OF BEGINNING; THENCE NORTH ON A LINE DRAWN TO A POINT 371.22 FEET EAST OF THE NORTHRWEST CORNER OF SAID SECTION 4 (AS MEASURED ON THE NORTH LIE OF SAID SECTION 4), A DISTANCE OF 373.65 FEET; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID ILLINOIS TOLL ROAD, A DISTANCE OF 476.78 FEET TO THE CENTER LINE OF UNION DRAINAGE DISTRICT DITCH; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE OF THE UNION DRAINAGE DITCH, A DISTANCE OF 457.67 FEET TO THE NORTH LINE OF AN EASEMENT FOR ILLINOIS TOLL ROAD, BEING A CURVED LINE, HAVING A RADIUS OF 2989.79 FEET; THENCE WEST ALONG SAID CURVED NORTH LINE OF SAID EASEMENT, A DISTANCE OF 19.3 FEET TO THE NORTHWEST CORNER OF SAID EASEMENT, A DISTANCE OF 80.0 FEET TO THE SOUTHWEST CORNER OF SAID EASEMENT AND THE NORTH LINE OF SAID ILLINOIS TOLL ROAD, BEING A CURVED LINE HAVING RADIUS OF 2989.79 FEET, A DISTANCE OF 117.41 FEET TO A POINT TANGENT; THENCE CONTINUING WESTERLY ALONG SAID NORTH LINE OF ILLINOIS TOLL ROAD, A DISTANCE OF 625.7 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 5 (COMPENSATORY WATER STORAGE EASEMENT): AN EASEMENT APPURTENANT TO AND FOR THE BENEFIT OF PARCEL I AS CREATED BY GRANT DATED FECRUARY 7, 1986 AND RECORDED FEBRUARY 13, 1986 AS DOCUMENT NUMBER 86062477 FOR DRAINAGE AND STORM WATER RUN- OFF, CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR AND RESTORATION OF (1) THE PROPERTY AND FACILITIES NECESSARY TO PROVIDE COMPENSATORY WATER STORAGE AND (2) ANY AND ALL IMPROVEMENTS NECESSARY TO IMPLEMENT THE DEVELOPMENT PLAN; AND FOR THE PURPOSE OF AND TO THE EXTENT NECESSARY FOR THE SATISFACTION OF OBLIGATIONS TO CONSTRUCT CERTAIN ACCESS ROAD AND UTILITY FACILITIES AS DEFINED THEREIN OVER, UNDER AND ACROSS THE FOLLOWING DESCRIBED LAND: ALL THAT PART OF THE NORTHWEST '/ OF THE NORTHWEST '/ 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 50 FEET EAST OF THE WEST LINE OF SAID SECTION 4 WITH THE NORTH LINE OF ILLINOIS TOLL ROAD, SAID NORTH LINE BEING 250.20 FEET NORTH OF THE SOUTH LINE OF THE NORTHWEST '/ OF THE NORTHWEST '/ OF SAID SECTION 4; THENCE EAST ALONG SAID NORTH LINE, A DISTANCE OF 327.57 FEET; THENCE NORTH ON A LINE (HEREINAFTER KNOWN AS LINE "A") 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) FOR A DISTANCE OF 695 FEET, MORE OR LESS, TO ITS INTERSECTION WITH A LINE PARALLEL WITH AND 70 FEET SOUTHWESTERLY OF (AS MEASURED AT RIGHT ANGLES TO) THE CENTER LINE OF UNION DRAINAGE COMPANY EASEMENT, SAID POINT OF INTERSECTION BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TRACT; THENCE NORTHWESTERLY ALONG SAID LINE PARALLEL WITH AND 70 FEET SOUTHWESTERLY OF THE CENTER LINE OF UNION DRAINAGE DISTRICT EASEMENT, A DISTANCE OF 300 FEET, MORE OR LESS, TO ITS INTERSECTION WITH A LINE DRAWN 145.28 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 4; THENCE NORTH ALONG SAID PARALLEL LINE, A DISTANCE OF 92.05 FEET, MORE OR LESS, TO ITS INTERSECTION WITH THE CENTER LINE OF UNION DRAINAGE DISTRICT EASEMENT AFORESAID; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE, A DISTANCE OF 299.28 FEET, MORE OR LESS, TO THE POINT OF INTERSECTION WITH SAID LINE "A"; THENCE SOUTH ON SAID LINE "A", A DISTANCE OF 95.52 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 6: PERMANENT EASEMENT APPURTENANT TO AND FOR THE BENEFIT OF PARCEL 1 FOR PURPOSES OF INGRESS AND EGRESS TO AND FROM PARCEL A, INCLUDING CONSTRUCTING, MAINTAINING AND REPAIRING A PAVED ROADWAY UPON PARCEL E, DESCRIBED BELOW AND FOR UTILITY PURPOSES, INCLUDING INSTALLING, LAYING, CONSTRUCTING, RECONSTRUCTING, OPERATING, MAINTAINING, RENEWING AND REPAIRING A WATER SUPPLY MAIN AND SANITARY SEWER OVER, UNDER AND UPON SAID PARCEL E AS CREATED BY INSTRUMENT DATED FEBRUARY 11, 1964 AND RECORDED FEBRUARY 19, 1964 AS DOCUMENT 19051190 MADE BY AND BETWEEN CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED DECEMBER 12, 1961 AND KNOWN AS TRUST NUMBER 43970 AND VICTOR J. KILLIAN AND EDNA H. KILLIAN, HIS WIFE. REFERENCE PARCEL E: THAT PART OF THE NORTHWEST '/ OF THE NORTHWEST '/ OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRS PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE WEST LINE OF THE NORTHWEST '/ OF SAID SECTION 4 WITH THE NORTH LINE OF THE ILLINOIS TOLL ROAD, SAID NORTH LINE, BEING 250.20 FEET NORTH OF THE SOUTH LINE OF THE NORTHWEST '/ OF THE NORTRHWEST '/ OF SAID SECTION 4; THENCE EAST ON SAID NORTH LINE, 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 KNOWN AS LINE "A", A DISTANCE OF 155.00 FEET TO THE POINT OF BEGINNING; THENCE EAST PARALLEL WITH SAID NORTH LINE 17.00 FEET, THENCE NORTH PARALLEL WITH LINE "A" AFORESAID 218.65 FEET; THENCE EAST PARALLEL WITH SAID NORTH LINE 5.00 FEET; THENCE NORTH PARALLEL WITH LINE "A" AFORESAID 355.20 FEET, MORE OR LESS, TO A POINT ON A LINE 30.00 FEET SOUTHWEST OF AND PARALLEL WITH THE CENTER LINE OF UNION DRAINAGE DISTRICT EASEMENT, THENCE NORTHWESTERLY ALONG LAST DESCRIBED PARALLEL LINE 328.66 FEET, MORE OR LESS, TO A POINT ON A LINE 145.28 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST'/ AFORESAID; THENCE SOUTH ALONG LAST DESCRIBED PARALLEL LINE 52.60 FEET, MORE OR LESS, TO A LINE 70.00 FEET SOUTHWEST OF AND PARALLEL WITH SAID CENTER LINE; THENCE SOUTHEASTERLY ALONG LAST DESCRIBED PARALLEL LINE 300.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. P.I.Ns: 04-04-100-011-0000 04-04-100-012-0000 04-04-100-013-0000 04-04-100-017-0000 EXHIBIT B SIGN PLANS i 0 LO I U) o � I CT) J 'f a a RI �Ta am ke 3 it -if tp- Ru M f!S 3 E7 \ \ � =@ / 7 as N31SDNlldHin m r4 -'�h�c" dwl � � R NAMMAL SLMVEY SEMM (NC r[ &w" FG, — ;�= dilh CUSHMAN & ,1m,WAKEFIELD* CO,W46ftMof 400Drive k iL-ti'3 d01.�1 January 28, 2019 The Villfte of Deerfield, IL 850 Waukegan Road Deerfield, ILLS lte: 1t1 S. P Iten Road Exterior monument Signa8a To Whom ft Moy Concern: Please be advised that we law contracted POrvirf4aM to Install a flew r4onw!)O rt Sign at 1115, #fl ten, Veertletd, The requested sign will aft' ier � es mil! as ie I , , attract tenants and IntrwasetheoccuPan"yr at tl� l POW, TtW I r"panels WIN 81 r►Gre Of a Pre nce/staternent to the property -and provide Prospective terntntswilh are identity at ft property. As our cuffent vacaoq is rate is at 48%, we appreciate VOUr ttinsl0eration In our efforts to mailte this Property more desirable In the rngrket. sincerely. Whelle C Boyle Property Foryin-Clovis Sign Carnpony 165 Tvbeway Drive Carol Stren M., Illinois 60188 TelePhon-e, 630-510-2020 Npar"111111-0811II&S To the Plan Commission and Villaot Ord: TO: Village of Deerfield FROM: P6rVin-Clau's's Sign Company DATE: FEBRUARY So 2019 Cushman & Wakefield Will be Installing a sk tenant panel triqnument sign at 111 S P6 9sten. The tenant pant es will conSjst of t rW ' 6o n Or 32" X,4111,0 fisted glass sections of matching color. The tenant names voll be apprieq,to the glass as'314 7725 Dutanoclic Vnyt graphics. The color and Font will be tbnsistent for all six ttnant names, The Ownership has asked that -the Morgan St6nity graphicse b'- lArger than the other tenants.as they occupy 27,00.0 square feet In this, office building, This tenant mrpnumeat sign, reel ad g the ' n existing ground sign, will be located in the setback, 26' from the property fine.. Sir core Mary Claus$ Parvin-0auss Sign Company 165 Tubeway Drive Carol Stream, 1160188 630-510-2020, X 4000 mclauss@pwVinc1ausS.MM'' Quah4� Si . gns Since 1952 CUSHMAN & 1111 . WAKEFIELD April 5, 2019 Mr. Kent Street Village Manager Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 Re: 111 S. Pfingsten Road, Deerfield Exterior Signage Dear Mr. Street: Please accept this request as a submission of consideration to waive the Second Reading of the ordinance in relation to the Exterior Sign at 111 S. Pfingsten Road, as voted upon at the April 1, 2019 Board Hearing. The installation of the Exterior Sign provides an opportunity to market the property by increasing prospective tenant identity at the location as well as provide modem appeal to the property. We appreciate the opportunity to work with the Village of Deerfield and thank you for your consideration Sincerely, Cushman & Wakefield of Illinois as Agent for Adventus Realty LP#1 �6- Michelle C. le Senior Property Manager EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village'): WHEREAS, Adventus Realty LP#1 ("Applicant') is the owner of that certain property commonly known as I I I S. Pfingsten Road, Deerfield, Illinois, within the Village's I-1 Office, Research and Restricted Industrial District ("Property'); and WHEREAS, on November 18, 1985, pursuant to Ordinance No. 0-85-51, the Village granted preliminary and final approval of a planned unit development for the Property ("Approved Planned Development'; and WHEREAS, the Approved Planned Development included, among other things, a sign plan for the Property (the "Sign Plan'); and WHEREAS, in 2001, the Village Board adopted Ordinance No. 0-01-41, approving an amendment to the Sign Plan to allow two 21-square-foot wall signs on the north and south walls of the building on the Property; and WHEREAS, in 2004, the Village Board adopted Ordinance No. 0-04-27, approving an amendment to the Sign Plan to allow a ground sign for Smith Barney on the Property ("Original Ground Sign'); and WHEREAS, in 2014, the Village Board adopted Ordinance No. 0-14-08, approving an amendment to the Sign Plan to replace the Original Ground Sign with a ground sign for Morgan Stanley ("Morgan Stanley Ground Sign') and zoning exception within the Approved Planned Development to allow the Morgan Stanley Ground Sign to be located within the required front yard setback; and WHEREAS, the Applicant has filed an application with the Village to further amend the Sign Plan and the Approved Planned Development to permit the Applicant to remove the Morgan Stanley Ground Sign and install a new ground sign with six tenant panels in the same location ("New Ground Sign') and for zoning exceptions within the Approved Planned Development ("Exceptions') (collectively, the New Ground Sign and the Exceptions are the "Requested Amendments'); and WHEREAS, Ordinance No. , adopted by the Village Board on 2019 ("Ordinance'), approved the Requested Amendments; and WHEREAS, Section 7.0 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Applicant, within 60 days of the passage of the Ordinance, has filed its unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in the Ordinance; NOW, THEREFORE, the Applicant does hereby agree and covenant as follows: 1. The Applicant hereby unconditionally agrees to, accepts, consents to, and will abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the Ordinance. 2. The Applicant acknowledges that public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, has considered the possibility of the revocation provided for in the Ordinance, and agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Applicant acknowledges and agrees that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's granting of a special use or adoption of the Ordinance, and that the Village's approval of the special. use does not, and will not, in any way, be deemed to insure the Applicant against damage or injury of any kind and at any time. 4. The Applicant hereby agrees to hold harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with the Village's adoption of the Ordinance granting the special use. Dated: 2019. ATTEST: ADVENTUS REALTY LP#1 By: By: Its: Its: