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R-21-41Laj VILLAGE OF DEERFIELD STATE OF ILLINOIS ) ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) I IIIIIII IIIIIIIIIII I III IIIIIIII II I II II III II IIII III II Imaqe# 061868220020 Type: RES Recorded: 02/11/2022 at 01:25:26 PM Receipt#: 2022-00013861 Pape 1 of 20 Fees: $50.00 Lake County IL Recorder Mary Ellen Vanderventer Recorder 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-21-41 Dated this December 28 2021 Approving a Final Plat of Subdivision (924 and 936 Westcliff Lane) d' 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-21-41 A RESOLUTION APPROVING A FINAL PLAT OF SUBDIVISION (924 and 936 Westcliff Lane) WHEREAS, Theodore D. Kuczek and Cheryl J. Kuczek, Tenants by the Entirety, are the owners of the property commonly known as 924 Westcliff Lane, Deerfield, Illinois ("924 Westcliff Property'); and WHEREAS, Theodore D. Kuczek is the owner of the property commonly known as 936 Westcliff Lane, Deerfield, Illinois ("936 Westcliff Property's (the 924 Westcliff Property and the 936 Westcliff Property are, collectively, the "Property' WHEREAS, the Property into three lots, which Property consists of approximately 35,576 square feet and is legally described in Exhibit A; and WHEREAS, Theodore D. Kuczek and Cheryl J. Kuczek (collectively, the "Applicant') has applied to resubdivide the Property into three lots, as depicted on that certain plat entitled Plat of Resubdivision of the Kuczek Resubdivision, prepared by Greengard, Inc., consisting of one sheet, with a last revision date of October 7, 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 20, 2021, the Village Board approved a Preliminary Plat of Subdivision for the Property; and WHEREAS, the Applicant has applied for approval of the Final Plat of Subdivision, and on October 14, 2021, the Plan Commission recommended approval of the proposed Final Plat of Resubdivision; 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 Resubdivision 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 RESUBDIVISION. The Final Plat of Resubdivision 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 Resubdivision. (00122272.1) SECTION FOUR: RECORDATION OF THE PLAT. Upon execution of the Final Plat of Resubdivision 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 Resubdivision to be recorded in the office of the Lake County Recorder. SECTION FIVE: EFFECTIVE DATE. A. This Resolution will be effective only upon the occurrence of all of the following events: 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 15, 2021 APPROVED: November 16, 2021 100122272.11 RESOLUTION NO. R-21-41 , Daniel C. Shapiro, Mayor ATTEST: 164�' <;�4v' Kent S. Stre t, Village Cl rk {00122272.1} EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY BEING A RESUBDIVISION OF LOTS 1, 2, 3, AND 4 IN BLOCK 26 IN H.M. CORNELL COMPANY'S BRIARWOODS, A RESUBDIVISION OF BLOCKS 4, 6, 7, 8, 9, 11 AND 12, LOTS 1 TO 24, BOTH INCLUSIVE, IN BLOCK 20, BLOCKS 21, 22, 25, 26, 27, 28 AND 29 IN H.O. STONE AND COMPANY'S ADDITION TO DEERFIELD IN SECTIONS 28 AND 29, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS PIN: 16-28-412-001 and 16-28-412-002 Commonly known as: 924 and 936 Westeliff Lane, Deerfield, Illinois 60015 (00122272.1) EXHIBIT B FINAL PLAT OF RESUBDIVISION (00122272.11 rf rf PLAT INFORMATION SHEET NUMBER OF PLAT PAGES (IIIII IIII I III IIIII IIIII IIIII Illli III IIIII III IIII II III IIIII I II IIII Image# 061714280002 Type: PSB Recorded: 01/07/2022 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 File7859729 110mv SECTION TOWNSHIP RANGE LEGAL DESCRIPTION CHECK (4) TYPE OF PLAT: u ANNEXATION/DISCONNECTION u CONDOMINIUM j DEDICATION u EASEMENT a VACATION u OTHER SUBDIVISION (enter subdivision name on line below) F THE PLAT RECORDED WAS LARGER THAN 11" X 17 THE ACHED COPY HAS BEEN REDUCED FROM A SCANNED IMAGE. ;IGINAL SCALE PAPER COPIES OR DIGITAL IMAGE FILES ARE 30 AVAILABLE FOR PURCHASE — PLEASE CALL (847) 377-2575 FOR MORE INFORMATION PlatlnfolPlat Information Coversheet for Scanning.docx lanuary 25, 2019 8:20 AM N N x�uYY k ^GSA€2: II II Zi ��ga Oil $gib€ gymR �� ? a a jSq�- BoQEa�` a g 83 4�9 8 gMk is 7 L 7 Y 3`og g8 6pg g NO'; 2 _ I � ,w„ � ae>rsgWge „r 3g5 `_:`F F8H 3�Ba�ds �� 1 3 F8 3Ntll YI Gx a)m .18'YfZ ddl1�183M m� 3 ,00 ,OD A S w s � e (CIj.IYhA .{fl3i[3X) 3' — i 53{i1LLl1 ]lI9M Ypj 1N3113SI3 .Ol - ,oD'Sll •mom m �wx�• i3amf � Oo'SBZ, 3 .00 ,00 D 5 rr, b®1 LDI I GM B-x m c€ lin�Fg%3 a Sea9 00 E z�g.g eYx5gp 3%ad Y Z S°gy ea pig 6Fagg gio aWo 3,[ � E EdEge: e��- =G3V x-a io65c EIoL ogsE 9aYe$� a ,- Ei- g6s;a $s" =us a F-fi �Eff �g[ dt!P'd'[je'L• dyg6 Et 11fl FE19 E c§-s U 3 aE 6 a"'d. gg _ P 5a. sZs �s s� vaa iao£ ii ':€ 1. a Mi � § k if R I I Be EXHIBIT C SUBDIVISION AGREEMENT {00122272.11 PREPARED BY AND AFTER RECORDING RETURN TO: Elrod Friedman LLP 325 N. LaSalle Street, Suite 405 Chicago, Illinois 60654 Attention: Benjamin Schuster SUBDIVISION AGREEMENT (924 & 936 Westcliff Lane Resubdivision) 1� THIS AGREEMENT ("Agreement") is entered into as of this 2 34 day of VCceM6, , 2021 ("Effective Date") Theodore D. Kuczek and Cheryl J. Kuczek-(Tenants by the Entirety of 924 Westcliff Lane) and Theodore D. Kuczek (owner of 936 Westcliff Lane) ("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 properties located at 924 and 936 Westcliff Lane, Deerfield, Illinois (the "Property"), which property is legally described in Exhibit A attached hereto and incorporated herein; and WHEREAS, the Property is comprised of two lots of record; and WHEREAS, the Owner proposes to redevelop the Property with three new single-family homes (collectively, the "Proposed Development"); and WHEREAS, to enable the Proposed Development, the Owner has requested to resubdivide the Property into three 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 consideration, the receipt and sufficiency of which are hereby acknowledged, the Village and Owner agree as follows: 100123091.11 The recitals set forth above are incorporated herein by this reference and shall be deemed terms and provisions hereof, the same as if fully set forth in this Paragraph 1. 2. The Owner must pay to the Village engineering review fees in the amount of $2,874 prior to the Village's execution of the Final Plat; and 3. 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 under them. 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 analogous 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. [SIGNATURE PAGE FOLLOWS] {00123091.11 2 ATTEST: By:-/ SUBSCRIBED and SWORN to before me this Z� day of I 2021. Notary Public ATTEST: By: —! Village Clerk THEODORE D. KUCZEK AND CHERYL J. KUCZEK ( TENANTS BY THE ENTIRETY OF 924 WESTCLIFF LANE) AND THEODORE D. KUCZEK (OWNER OF 936 WESTCLIFF LANE) W By: ('!-Jl 0 2314 I t-r-A 0 Its: OFFICIAL SEAL MICHAEL PARRILLI rNOCARY PUBLIC, STATE OF ILLINOIS ommission Expires April 25, 2022 100123091.11 3 DANIEL C. SHAPIRO By: Its: Village President EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Being a Resubdivision of Lots 1, 2, 3, and 4 in Block 26 in H.M. Cornell Company's Briarwoods, a Resubdivision of Blocks 4, 6, 7, 8, 9, 11 and 12, Lots 1 to 24, Both Inclusive, in Block 20, Blocks 21, 22, 25, 26, 27, 28 and 29 in H.O. Stone and Company's Addition to Deerfield in Sections 28 and 29, Township 43 North, Range 12, East of the Third Principal Meridian, in Lake County, Illinois PIN: 16-28-412-001 and 16-28-412-002 Commonly known as: 924 and 936 Westcliff Lane, Deerfield, Illinois 60015 100123091.1) 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 IMPACT FEE AGREEMENT (924 and 936 Westcliff Lane Resubdivision) THIS AGREEMENT ("Agreement') is entered into as of this 23rb day of �eeem�� r , 2021 ("Effective Date") Theodore D. Kuczek and Cheryl J. Kuczek, (collectively, "Owner") and the Village of Deerfield, an Illinois municipal corporation ("Village"; and together with the Owner, the "Parties"). WHEREAS, Theodore D. Kuczek and Cheryl J. Kuczek, as Tenants by the Entirety, are the owners of the property commonly known as 924 Westcliff Lane, Deerfield, Illinois ("924 Westcliff Property'; and WHEREAS, Theodore D. Kuczek is the owner of the property commonly known as 936 Westcliff Lane, Deerfield, Illinois ("936 Westcliff Property') (the 924 Westcliff Property and the 936 Westcliff Property are, collectively, the "Property'), which Property is legally described in Exhibit A attached hereto and incorporated herein; and WHEREAS, the Property is comprised of two lots of record; and WHEREAS, the Owner proposes to redevelop the Property with three 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 three lots of record (each a "Lot'); 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 {00123094.1} 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 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 proposal presented by Owner; and (ii) a review of evidence adduced by Owner as to its efforts to satisfy Ordinance requirements 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 -Bannockburn 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. 100123094.11 2 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. 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 expended within 10 years. 11. It is acknowledged by Owner that any failure on its part to fully perform all aspects of this Agreement as and when required shall entitle the Village to deny building permits for further 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 under them. 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 analogous 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. 13. This Agreement may only be modified by an instrument in writing executed by all Parties hereto. Execution of this Agreement by the Village has been duly authorized and the appropriate action has been taken by the corporate authorities of the Village to direct its execution on behalf of the Village. [SIGNATURE PAGE FOLLOWS] {00123094.1) 3 ATTEST: By: =-r. SUBSCRIBED and SWORN to before me t day of ,Qem 2021 Notary Public ATTEST: In SUBSCRIBED and SWORN to befe met day of len�tL�' 2021 t Notary Public ATTEST: By Village Clerk THEODORE D. KUCZEK M- EFFICIAL SEA725,2022.� HAEL PARR BLIC, STATE O on Expires A CHERYL J. KUCZEK By- LI /U L4-4c OFFICIAL SEAL MICHAEL PARRILLI NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires April 25, 2022 {00123094.1} 4 DANIEL C. SHAPIRO By Its: Village President EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Being a Resubdivision of Lots 1, 2, 3, and 4 in Block 26 in H.M. Cornell Company's Briarwoods, a Resubdivision of Blocks 4, 6, 7, 8, 9, 11 and 12, Lots 1 to 24, Both Inclusive, in Block 20, Blocks 21, 22, 25, 26, 27, 28 and 29 in H.O. Stone and Company's Addition to Deerfield in Sections 28 and 29, Township 43 North, Range 12, East of the Third Principal Meridian, in Lake County, Illinois PIN: 16-28-412-001 and 16-28-412-002 Commonly known as: 924 and 936 Westcliff Lane, Deerfield, Illinois 60015 {00123094.1} 5 EXHIBIT E UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village': WHEREAS, Theodore D. Kuczek and Cheryl J. Kuczek, Tenants by the Entirety of 924 Westcliff Lane and Theodore D. Kuczek, owner of 936 Westcliff Lane ( "Applicant ") is the record title owners of the property commonly known as 924 and 936 Westcliff Lane, 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. R ZI— 4l , adopted by the Village Board on Nov. 15, 2021 ("Resolution'), 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: pccern6cr Z.�) 2021. ATTEST: By: �— THEODORE D. KUCZEK AND CHERYL J. KUCZEK AS TENANTS BY THE ENTIRETY OF 924 WESTCLIFF LANE AND THEODORE D. KUCZEK OWNER OF 936 WESTCLIFF LANE C� {00122272.1)