R-21-38VILLAGE OF DEERFIELD
STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK ) SS
VILLAGE OF DEERFIELD )
Image# 061623330020 Type: RES
Recorded: 12/08/2021 at 11:10:04 AM
Receipt#: 2021-00102453
Page 1 of 20
Fees: $50.00
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
File7852258
The undersigned hereby certifies that he is the duly appointed Deputy Village Clerk of the Village of
Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of
Resolution R-21-38 Approving a Final Plat of Subdivision
(1210 Gordon Terrace)
Dated this December 1, 2021
--)LJ.IL
DANIEL VAN DUSEN
Deputy Village Clerk
Prepared by and after recording return to:
Daniel Van Dusen
Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214
VILLAGE OF DEERFIELD
RESOLUTION NO. R-21-38
A RESOLUTION APPROVING A FINAL PLAT OF SUBDIVISION
(1210 Gordon Terrace)
WHEREAS, Northern Trust Bank/O'Hare, N.A., as trustee under that certain Trust
Agreement dated November 22, 1985, and known as Trust No. 8511499 ("Applicant") is the
owner of record of two lots of real property, consisting of approximately 21,600 square feet, legally
described in Exhibit A, and commonly known as 1210 Gordon Terrace, Deerfield, Illinois
( "Property "); and
WHEREAS, the Applicant seeks to resubdivide the Property into two lots, as depicted on
that certain plat entitled Plat of Subdivision of the Gordan Subdivision, prepared by IG Consulting,
inc., consisting of one sheet, with a last revision date of September 10, 2021, a copy of which is
attached to and, by this reference, made a part of this Resolution as Exhibit B ( "Final Plat of
Subdivision'; and
WHEREAS, on September 8, 2021, the Village Board approved a Preliminary Plat of
Subdivision for the Property;
WHEREAS, the Applicant has applied for approval of the Final Plat of Subdivision,
and on September 23, 2021, the Plan Commission recommended approval of the proposed
Final Plat of Subdivision; and
WHEREAS, the Village President and Board of Trustees have determined that it will serve
and be in the best interest of the Village and its residents to approve the Final Plat of Subdivision
for the Property;
NOW, THEREFORE, BE IT RESOLVED 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 Resolution as findings of the Village Board.
SECTION TWO: APPROVAL OF FINAL PLAT OF SUBDIVISION. The Final
Plat of Subdivision for the Property in substantially the form as Exhibit B is hereby approved.
SECTION THREE: EXECUTION OF PLAT. The Mayor and the Village Clerk are
hereby authorized and directed to execute and seal, on behalf of the Village, the Final Plat of
Subdivision.
SECTION FOUR: RECORDATION OF THE PLAT. Upon execution of the Final
Plat of Subdivision by the Mayor and the Village Clerk, as provided in Section Three of this
Resolution, the Village Clerk is hereby directed to cause the Final Plat of Subdivision to be
recorded in the office of the Lake County Recorder.
{00122272.1)
SECTION FIVE: EFFECTIVE DATE.
A. This Resolution will be effective only upon the occurrence of all of the following
events:
1. Passage by the Village Board in the manner required by law;
2. Publication in pamphlet form in the manner required by law;
3. The filing by the Applicant of a fully executed Subdivision Agreement,
in substantially the form of Exhibit C attached to and, by this
reference, made a part of this Resolution;
4. The filing by the Applicant of a fully executed Impact Fee Agreement,
in substantially the form of Exhibit D attached to and, by this
reference, made a part of this Resolution;
5. The filing by the Applicant with the Village Clerk of a fully executed
Unconditional Agreement and Consent, in the form of Exhibit E
attached to and, by this reference, made a part of this Resolution, to
indemnify the Village for any claims that may arise in connection with
the approval of this Resolution; and
6. Recordation of all exhibits as the Village Clerk deems appropriate for
recordation, with the office of the Recorder of Lake County.
B. In the event that the Applicant does not file fully executed copies of agreements
required by Section 5.A.3, 5.A.4, and 5.A.5, as required by Section 5.A of this
Resolution, within 30 days after the date of final passage of this Resolution by
the Village. Board, the Village Board will have the right, in its sole discretion,
to declare this Resolution null and void and of no force or effect.
AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: November 1, 2021
APPROVED: November 2, 2021
RESOLUTION NO. R-21-38
{00122272.1)
Daniel C. Shapiro, Mayor
ATTEST:
r
Kent S. Street, illage Clerk
100122272.11
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
LOT 2 IN BLUS' RESUBDIVISION, BEING A RESUBDIVISION OF LOT 15 IN THE
SUBDIVISION OF J.S. HOVLAND'S FIRST ADDITION TO DEERFIELD, A SUBDIVISION
IN PART OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 43 NORTH,
RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED APRIL 9, 1984 AS DOCUMENT NO.2276049, IN LAKE COUNTY,
IN VILLAGE OF DEERFIELD.
PIN: 16-32-315-026-0000
Commonly known as: 1210 Gordon Terrace, Deerfield, Illinois 60015
(00122272.1)
EXHIBIT B
FINAL PLAT OF SUBDIVISION
{00122272.1}
FLAT INFORMATION SHEET
NUMBER OF PLAT PAGES
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Image# 061714270002 Type: PSB
Recorded: 01/01/2022 at 11:40:07 AM
Receipt#: 2022-00001697
Page 1 of 2
Fees: $62.00
IL Rental Housing Fund: $0.00
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
File7859728
SECTION TOWNSHIP RANGE �
�5 C:;�- I -� --- I -~
LEGAL DESCRIPTION
CHECK (�) TYPE OF PLAT:
u ANNEXATION/DISCONNECTION
❑ CONDOMINIUM
❑ DEDICATION
❑ EASEMENT
u VACATION
u OTHER
p SUBDIVISION (enter subdivision name on line below)
IF THE PLAT RECORDED WAS LARGER THAN 11" X 17", THE
ATTACHED COPY HAS BEEN REDUCED FROM A SCANNED IMAGE.
ORIGINAL SCALE PAPER COPIES OR DIGITAL IMAGE FILES ARE
ALSO AVAILABLE FOR PURCHASE — PLEASE CALL (847) 377-2575
FOR MORE INFORMATION
1:\Forms\Platlnfo\Plat Information Coversheet for Scanning.docx
tevised: January 25, 2019 8:20 AM
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SUBDIVISION AGREEMENT
{00122272.1}
PREPARED BY AND AFTER
RECORDING RETURN TO:
Elrod Friedman LLP
325 N. LaSalle Street, Suite 405
Chicago, Illinois 60654
Attention: Benjamin Schuster
For FA=rder's Use Only
SUBDIVISION AGREEMENT
(1210 Gordon Terirece.ResubdMsion)
THIS AGREEMENT ("Agreement") is entered into as of this day of
JV a) Jrw be 1' ..2021 ("Effective Date") Northern Trust Bank/O'Hare, N. as trustee under
that certain Trust Agreement dated November 22, 1985, and known as Trust No. 8511499
("Owned') and the Village of Deerfield, an Illinois municipal corporation ("Village"; and together
with the Owner, the "Parties").
WHEREAS, Owner is the owner of the property Iodated at 1210 Gorifon Terrace Pface,
Deerfield, Illinois (the "Property'), which property is legally described in EiililbftA attached hereio
and incorporated herein; and
WHEREAS, the Property is comprised of a single lot of record; and
WHEREAS, the Owner proposes to redevelop the Property with two new single-family
homes (collectively, the "Proposed Development"); and
WHEREAS, to enable the Proposed Development, the Owner has requested to
resubdivide the Property into two lots of record (the "Proposed Subdivision"); and
WHEREAS, in connection with the Proposed Development, the Owner has requested and
the Village has approved a final plat of subdivision ("Final Plat"); and
WHEREAS, the Parties desire to set forth the conditions for the approval and execution
of the Final Plat by the Village Engineer.
NOW THEREFORE, for and in consideration of the foregoing recitals, the mutual
agreements contained herein and :other good and valuable d6hslderat1dit, thb receipt and
sufficiency of which are hereby acknowledged, the Village. and Owner agree as follows:
100123091.11
The recitals set forth above are Inoprp6roted'hor.bin by this We , reference and
shall be deemed . ldrffig and prov(jslbri,5 same as if fully set forth
in this Paragraph I.
2. The Owner must pay to the Village engineering review fees in the amount
of $1,257ID0 I prior to the Village's execution of the Final Plat; and
3. Q"qracknowledges and agrees -that this A"grot)rneht.andtho-.Po ve--n . antp
agreements and covenants
contained herein. %
_t .. relffiO . - '' - �
running vMtfi'thq land, shall be recorded against the property aM :shall be
d I loqd and their
lAndlng upon wid'inuireto the benefit of the Owner and tliOVI
respective __. exe su=ssors, assigns, 09.0hts,
n, all
ric6ngoos, .- invitees, _;'Pn . d r6oe.es.0,.. mdUcrjftg, without limitBMQ
thi§rbdj and. all peppons,
subsequent owners of the Prop, q rty, or -any portion
-
ciaifillrij- under them. If -giny of the ng - ht SMbicdon- 4, agreements :or
,
b6 uh'JaWfull or void
covenants created by this Agreement would Qtherwkko. .
nalogous 0 ,t p"tu!660 qr-some statutory
violation of (a) the rule against
'tit! alienation, or (c) any other
provision, (b) the rule restricting res n on easements,I
statutory of common law rules imp6r4no time limits, then such
i . rights, restrictions, agreements or covenants shall continue only -until 21
y . ears after the -death of the last survivor of the now livi ig IwAul
de4cenda.M6 of thwduritrit i3ovemor of the State of Illinois.
[SIGNATURE PAGE FOLLOWS]
(00123091-1)
Midland States Bank
as Successor in Interest5.,Psso ( *o
to ATG Trust Company
ATTEST: NORTHERN TRUST BANK/0-HARE, N.A.,
AS TRUSTEE UNDER THAT CERTAIN
{3 TRUST AGREEMENT DATED NOVEMBER
22, 1985, AND KNOWN AS TRUST NO.
i
8511499
By:
SUBSCRIBED and SWORN to
before me this La's day of
i 6 J P h t 1' ..2021: - OFFICIAL SEAL
NO MCKEE
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES:17J1112024
Notary Public
ATTEST:;' DANIEL C. SHAPIRO
Village Clerk Its: Village President
{00123091.1) 3
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
LOT 2 IN BLUS' RESUBDIVISION, BEING A RESUDIVISION OF LOT 15 1N THE SUDVISION
OF J.S. HOVLAND'S FIRST ADDTION TO DEERFIELD, A SUBDIVISION IN PART OF THE
SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 9,
1984 AS DOCUMENT 2276049, IN LAKE COUNTY, IN VILLAGE OF DEERFIELD.
PIN: 16-32-315-026-0000
COMMONLY KNOWN AS: 1210 GORDON TERRACE, DEERFIELD, IL
(00123091.1) 4
EXHIBIT D
IMPACT FEE AGREEMENT
{00122272.1}
PREPARED BY AND AFTER
RECORDING RETURN TO:
Elrod Friedman LLP
325 N. LaSalle Street, Suite 405
Chicago, Illinois 60654
Attention: Benjamin Schuster
For Recorder's Use Only
IMPACT FEE AGREEMENT.
(1210 Gordon Terrace Resubdivision)
THIS AGREEMENT ("Agreement") is entered into as of this �� _ day of
-0_) . oA_bk r 2021 ("Effective Date") Northern Trust Bank/O'Hare, N.A., as trustee under
that certain Trust Agreement dated November 22, 1985, and known as Trust No. 8511499
("Owner") and the Village of Deerfield, an Illinois municipal corporation ("Village"; and together
with the Owner, the "Parties").
WHEREAS, Owner Is the owner of the property located at 1210 Gordon Terrace Place,
Deerfield, Illinois (the "Property"), which property is legally described in Exhibit A attached hereto
and incorporated herein; and
WHEREAS, the Property is comprised of a single lot of record; and
WHEREAS, the Owner proposes to redevelop the Property with two new single-family
homes (collectively, the "Proposed Development"); and
WHEREAS, to enable the Proposed Development, the Owner has requested to
resubdivide the Property (the "Proposed Subdivision") into two lots of record (each a "Lori;
and
WHEREAS, in connection with the Proposed Development, the Owner has requested and
the Village has approved a final plat of subdivision ("Final Plat"); and
WHEREAS, the Village has previously adopted Ordinance No. 0-93-48 (the "Ordinance'
pursuant to its Home Rule Powers recognizing the burden placed on various governmental units
resulting from additional residential development within the Village; and
(00123094.1)
WHEREAS, the Ordinance establishes certain standards for dedication of land or payment
of fees in lieu thereof in recognition of the increased burden upon the various governmental units
in the Village resulting from additional residential development; and
WHEREAS, the Ordinance also provides a standard of value of residentially -zoned
properties within the Village as a basis for calculating impact fees in the manner required by the
Ordinance; and
WHEREAS, Section Four of the Ordinance provides for certain credits for developments
that provide their own recreation areas and facilities, and Section Eighteen of the Ordinance
grants authority to the Corporate Authorities of the Village to determine whether or not a particular
residential development will have an impact or create an impact upon other governmental units
within the Village or whether said development will have a lesser or differing impact than provided
for in the Ordinance;
NOW, THEREFORE, in consideration of the mutual covenants herein contained and other
good valuable consideration, it is agreed by and between the Village and the Owner as follows:
1. The preambles to this Agreement are a material part hereof, and are incorporated
herein as part of this Agreement.
2. The Village has conducted: (i) a :review of the specific residential development
pr6p6sal presented by Owner, and (ii) a review of evidence adduced by t)Mer as to its efforts, to
satisfy Ordinaries regwrements for the 'provision of open space or other recreational areas or
facilities by providing such area within the development and regarding whether said development
will have a lesser or differing Impact than provided for in the Ordinance.
3. As a result of the foregoing, Owner agrees to pay for each Lot~ (a) an impact fee
of $3,823.75. as a contribution in lieu of dedication of a school site for the benefit of the Deerfield
School District No.109; and (b) an impact fee of 2,651.25 as a contribution in lieu of dedication of
a school site for the benefit of the Deerfield Township High School District No. 113.
4. Owner further agrees to pay for each Lot an impact fee of $9,531.38 as a
contribution in lieu of dedication of land for park and recreational for the benefit of the Deerfield
Park District.
5. Owner further agrees to pay for each Lot an impact fee of $2,598.89 to the Village
as a contribution in lieu of dedication of land for Village and library site use.
6. Owner further agrees to pay an impact fee for each Lot of $19.07 as a contribution
in lieu of dedication of land for fire protection facilities to the Deerfield-Bannockbum Fire
Protection District.
7. The fees set forth in Paragraphs 3-6 above shall be payable upon the Village's
issuance to Owner of the building permit for any single-family residence on a Lot.
8. Owner agrees that all payments hereunder shall, be payable to the Village and shall
be deposited with the Village Finance Director who shall be solely responsible for disbursement
of the funds to the governmental units benefited by the Ordinance.
(00123094,11 2
9. The Village acknowledges and agrees that compliance by Owner with the terms of
this Agreement constitutes full compliance with the Ordinance, and the Village agrees that Owner
shall not be required to make any further.or other payments of cash or dedications. of land which
are not set forth in this Agreement to satisfy the Ordinance.
10. Owner waives and releases any and all claims to contest the provisions of the
Ordinance or the payments and conveyances set forth herein. Further, Owner waives and
releases any and all rights to contest the time, manner and purposes of the expenditure of any
fees paid hereunder, and specifically waives any right under Section Eight of the Ordinance for
any refund of fees not e—k ended within 10 years.
11. It i0. acknowledged by :Owner that any failure on its part t6: hilly perform' all aspects
of this Agreement as and when; required shall entitle the Village to deny budding pemnits forfu'r e.r
construction and to issue certificates of occupancy for completed residential units.
12. Owner acknowledges and agrees that this Agreement and the covenants
contained herein'shall be rights, restrictions, agreements and covenants running with the land,
shall be recorded against the Property and shall be binding upon and inure to the benefit of the
Owner and the Village and their respective heirs, executors, administrators, successors, assigns,
agents, licensees, invitees, and representatives, including, without limitation, all subsequent
owners of the Property, or any portion thereof, and all persons claiming un er .. e'M If any of the
rights,. restrictions, agreements or covenants created by this Agreement would otherwise be
unlawful or'Void for violation of (a) the rule against perpetuities or some 44alggous statutory
provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law
rules imposing time limits, then such easements, rights, restrictions, agreements or covenants
shall continue only until 21 years after the death of the last survivor of the now living :lawful_
descendants of the current Governor of the State of Illinois.
11 This Agreement may only be modified by an_ iristnimerit in writing executed by all
Parkes hereto, Execution of this Agrsement'by the Village has been duly authorized and the
:.
appropriate action,has_been W bn�by t#ie.coipot6te authorities of the Village to direct its execution
on' behalf of the Village.
[SIGNATURE PAGE FOLLOWS]
(00123094.11 3
Midland States Bank
as Successor In Interest 5►�c�>so
to ATG Trust Company
ATTEST: NORTHERN TRUST BANKIO'HARE, N.A.,
AS TRUSTEE UNDER THAT CERTAIN
TRUST AGREEMENT DATED NOVEMBER
gy�� cx cif 22, 1985, AND KNOWN AS TRUST NO.
8611499 ,p
Its:
SUBSCRIBED and SWORN to
before me this _ f d �f+1 day of OFFICIAL SEAL
/lioJ�U-rr- , 2021. NANCYNICKEE
NOTARY PUBLIC, STATE OF ILLINOIS
A r My COMMISSION EXPIRES:1211112024
Notary Public
ATTEST:
13Y. - -
Village Clerk
{00123094.1}
DANIEL C. SHAPIRO
By:
Its: Village President
4
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
LOT 2 IN BLUS' RESUBDIVISION, BEING A RESUDIVISION OF LOT 15 IN THE SUDVISION
OF J.S. HOVLAND'S FIRST ADDTION TO DEERFIELD, A SUBDIVISION IN PART OF THE
SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 9,
1984 AS DOCUMENT 2276049, IN LAKE COUNTY, IN VILLAGE OF DEERFIELD.
PIN: 16-32-315-026-0000
COMMONLY KNOWN AS: 1210 GORDON TERRACE, DEERFIELD, IL
{00123094.1) 5
EXHIBIT E
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, Northern Trust Bank/O'Hare, N.A., as trustee under that certain Trust
Agreement dated November 22, 1985, and known as Trust No. 8511499 ( "Applicant") is the
record title owners of the property commonly known as 1700 Mountain Court, Deerfield,
Illinois, and legally described in Exhibit A attached to and, by this reference, made a part
of this Ordinance ("Property"); and
WHEREAS, Resolution No. adopted by the Village Board on Nov. 1 ,
2021 ("Resolution's, grants approval of a Final Plat of Subdivision for the Property to
subdivide the Property into two lots ("Approval'); and
WHEREAS, Section 5.A.5 of the Resolution provides, among other things, that the
Resolution will be of no force or effect unless and until the Applicant has filed, within 30 days
following the passage of the Resolution, their unconditional agreement and consent to accept
and abide by each and all of the terms, conditions, and limitations set forth in the Resolution;
NOW, THEREFORE, the Applicant does hereby agree and covenant as follows:
1. The Applicant acknowledges that public notices and procedures have been
properly given and followed with respect to the adoption of the Resolution and the Approval.
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 the Approval or adoption of the Resolution, and that the Village's
approval of the Approval 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
Resolution granting the Approval.
[SIGNATURES ON FOLLOWING PAGE]
{00122272.1}
Dated: _ i.� va ZD Z ` , 2021.
ATTEST:
NORTHERN TRUST BANK/O'HARE,
N.A., AS TRUSTEE UNDER THAT
CERTAIN TRUST AGREEMENT
DATED NOVEMBER 22, 1985, AND
KNOWN AS TRUST NO. $511499
{00122272.1}