Loading...
O-18-11c i IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Image# 057747190019 Type: ORD Recorded: 10/23/2018 at 11:55:04 AM Receipt#: 2018-00055969 Page 1 of 19 Fees: $50.00 Lake County IL Recorder VILLAGE OF DEERFIELD Mary Ellen Vanderventer Recorder File75209 V 5 STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) 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 Ordinance 0-18-11, an Ordinance Approving Amendments to the Annexation Agreement, the Planned Unit Developments, and Previously Approved Redevelopment Plans for the Walgreens Corporate Campus at 100, 200, 300, 302, and 304 Wilmot Road as appears in the records and files of the office of the Village Clerk Dated this 9th day of October, 2018 Submitted by: 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 LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-18-11 AN ORDINANCE APPROVING AMENDMENTS TO THE ANNEXATION AGREEMENT, THE PLANNED UNIT DEVELOPMENTS, AND PREVIOUSLY APPROVED REDEVELOPMENT PLANS FOR THE WALGREENS CORPORATE CAMPUS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 21 st day of May 2018. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 21 stday of MaY , 2018. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-18-11 AN ORDINANCE APPROVING AMENDMENTS TO THE ANNEXATION AGREEMENT AND THE PLANNED UNIT DEVELOPMENTS FOR THE WALGREENS CORPORATE CAMPUS WHEREAS, on September 18, 2000, the Village of Deerfield entered into an Annexation Agreement (the "Annexation Agreement") with Walgreen Co. governing the annexation of the property commonly known as the Walgreens Campus, with a common street address of 100, 200, 300, 302, and 304 Wilmot Road, and legally described on Exhibit A attached hereto (the "Walgreens PUD Property"); and WHEREAS, on September 18, 2000, pursuant to Ordinance No. 0-00-33 (the "Walgreens PUD Ordinance"), the Village granted preliminary and final approval of a planned unit development for the PUD Property (the "Walgreens PUD"); and WHEREAS, on September 2, 1986, pursuant to Ordinance No. 0-86-44, and on March 17, 1988, pursuant to Ordinance No. 0-88-48 (collectively, the "'Follway North PUD Ordinances"), the Village granted final approvals of a planned unit development for the properties located directly to the south of the Walgreens PUD Property (the " 7`ollway North PUD"); and WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on March 15, 2018, on the application of Walgreen Co, the operator of the Walgreens PUD Property, and Waltrust Properties, Inc., the owner of the Additional Property (as subsequently defined herein) and the Walgreens PUD Property (collectively, the "Applicant"), for approval of amendments to the Walgreens PUD Ordinance (the "Walgreens PUD Amendment") and the -2- Tollway North PUD Ordinance ("Tollway North PUD Amendment) (the Walgreens PUD Amendment and Tollway North PUD Amendment are, collectively, the "PUD Amendments") to; (i) remove the properties with a common street address of 102, 104, 106, and 108 Wilmot Road, and legally described on Exhibit B attached hereto (the "Additional PUD Property") from the Tollway North PUD and place the Additional PUD Property into the Walgreens PUD (the Additional PUD Property together with the Walgreens PUD Property are, collectively, the "Subject Property"); and (ii) permit the Applicant to make improvements to the Subject Property, including constructing additional parking spaces, a skywalk between several of the buildings located on the Subject Property, and the installation of wayfinding signs (collectively, the "Improvements"), all as provided herein and in substantial conformance with the plans and supporting materials submitted by the Applicant, which are attached hereto as Exhibit C, incorporated herein, and made a part of this Ordinance by reference; and WHEREAS, the Plan Commission public hearing was held pursuant to 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"); 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 PUD Amendments to authorize the Improvements and remove the Additional PUD Property from the Tollway North PUD and add it to the Walgreens PUD, be authorized and approved pursuant to Article 6.01-C, Article 12,09-G, and Article 13.11 of the Zoning Ordinance; and -3- WHEREAS, the Village Board of the Village of Deerfield held a public hearing on April 16, 2018, on a proposed amendment to the Annexation Agreement (the "Annexation Agreement Amendment") to permit the Improvements; and WHEREAS, the President and Board of "trustees of the Village of Deerfield have determined that the proposed PUD Amendments and Annexation Agreement Amendment fully comply with the requirements and standards set forth in Article 6.01-C, Article 12.09-G and Article 13. l 1 of the Zoning Ordinance; and WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined and find that the best interests of the Village will be served by the authorization and approval of the proposed PUD Amendments, the Annexation Agreement Amendment, and the Improvements, all as provided herein and in substantial conformance with the plans and supporting materials submitted by the Applicant, which are hereby incorporated and made a part of this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY TIIE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the above and foregoing recitals, being material to this Ordinance, are hereby incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2: The Annexation Agreement Amendment by and between the Village and the Applicant is hereby approved in substantially the form attached to this Resolution as Exhibit D, and in a final form to be approved by the Village Manager and the Village Attorney. SECTION 3: The Village President and Village Clerk are hereby authorized and directed to execute and attest, on behalf'of the Village, the Annexation Agreement Amendment upon receipt -4- by the Village Clerk of at least one original copy of the Annexation Agreement Amendment executed by the Applicant; provided, however, that if the executed copy of the Annexation Agreement Amendment is not received by the Village Clerk within 30 days after the effective date of this Ordinance, then this authority to execute and attest will, at the option of the Village Board, be null and void. SECTION 4: That the President and Board of Trustees do hereby affirmatively find that the Walgreens PUD Amendment as described herein fully complies with the requirements and standards set forth in Article 6.01-C, Article 12.09-G and Article 13.11 of the Zoning Ordinance. SECTION 5: That the President and Board of Trustees do hereby affirmatively find that the Tollway North PUD Amendment as described herein fully complies with the requirements and standards set forth in Article 6.01-C, Article 12.09-G and Article 13.11 of the Zoning Ordinance. SECTION b: That the President and Board of Trustees do hereby authorize and approve the PUD Amendments to permit the Improvements, all as more fully described on Exhibit C attached hereto, subject to the further conditions, regulations and restrictions set forth in Section 7 of this Ordinance. SECTION 7: That the approvals granted pursuant to Sections 4, 5, and 6 of this Ordinance are granted subject to the following conditions. regulations and restrictions: (i) the Subject Property shall be redeveloped, constructed, maintained and used in accordance with the plans and supporting materials attached hereto and made a part of this Ordinance as Exhibit C hereof; (ii) compliance by the Applicant 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; (iii) compliance by the Applicant with all other applicable provisions of the Zoning Ordinance; and -5- (iv) compliance by the Applicant with all other applicable provisions of the Municipal Code of the Village of Deerfield. SECTION 8: That the PUD Amendments described herein, and hereby authorized as amendments to the Walgreens PUD and Tollway North PUD, 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 PUD Amendments as hereby authorized. SECTION 9: That this Ordinance, and each of its terms, shall be the effective legislative act of home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non -preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non -preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 10: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. [This Seelion Is Intentioncilly Omitted]. PASSED this _ 21 st day of __ May _ , 2018. AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers NAYS: None ABSENT: None ABSTAIN: None APPROVED this 21st day of Mav , 2018. ATTEST: Village Clerk Village tresident -7- EXHIBIT A LEGAL DESCRIPTION OF WALGREENS PUD PROPERTY PARCEL 1: THAT PART OF THE EAST HALF OF THE SOUTH EAST QUARTER OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE 3RD P. M., DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 68 4/7 RODS NORTH OF THE SOUTH EAST CORNER OF SAID SECTION; THENCE NORTH 516.13 FEET; THENCE WEST 80 RODS; THENCE SOUTH 20 RODS; THENCE EAST 10 RODS; THENCE SOUTH 11 3/7 RODS; THENCE EAST 70 RODS TO THE PLACE OF BEGINNING; ALSO THAT PART OF THE SOUTH WEST QUARTER OF THE SOUTH EAST QUARTER AND THE WEST 10 RODS OF THE SOUTH EAST QUARTER OF THE SOUTH EAST QUARTER OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE 3RD P. M., WHICH LIES NORTH EASTERLY OF THAT PART THEREOF TAKEN BY THE ILLINOIS TOLL HIGHWAY COMMISSION FOR THE NORTHERN ILLINOIS TOLL HIGHWAY IN CASE NO. 13890, IN THE COUNTY COURT OF LAKE COUNTY, ILLINOIS, IN LAKE COUNTY, ILLINOIS. EXCEPT FOR THAT PART OF THE SOUTH WEST QUARTER OF THE SOUTH EAST QUARTER AND THE WEST 10 RODS OF THE SOUTH EAST QUARTER OF THE SOUTH EAST QUARTER OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE 3RD P. M., DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH EASTERLY LINE OF THAT PART TAKEN BY THE ILLINOIS TOLL HIGHWAY COMMISSION FOR THE NORTHERN ILLINOIS TOLL HIGHWAY IN CASE NO. 13890, IN THE COUNTY COURT OF LAKE COUNTY, ILLINOIS, WITH THE EAST LINE OF THE WEST 10 RODS OF THE SOUTH EAST QUARTER OF THE SOUTH EAST QUARTER OF SAID SECTION 31; THENCE NORTH ON THE EAST LINE OF SAID WEST 10 RODS, A DISTANCE OF 545.37 FEET TO A POINT 11 3/7 RODS SOUTH OF THE NORTH LINE OF THE SOUTH EAST QUARTER OF THE SOUTH EAST QUARTER OF SAID SECTION 31; THENCE WEST ALONG A LINE FORMING AN ANGLE TO THE LEFT OF 90 DEGREES, 37 MINUTES, 12 SECONDS WITH THE PRECEDING LINE EXTENDED, A DISTANCE OF 264.24 FEET TO THE NORTH EASTERLY LINE OF THE NORTHERN ILLINOIS TOLL HIGHWAY; THENCE SOUTH EASTERLY ALONG THE NORTH EASTERLY LINE OF SAID HIGHWAY, A DISTANCE OF 603.43 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE SOUTH HALF OF THE NORTH WEST QUARTER OF THE SOUTH EAST QUARTER OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE 3RD P. M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH EAST CORNER OF THE SOUTH HALF OF THE NORTH WEST QUARTER OF THE SOUTH EAST QUARTER OF SECTION 31; THENCE WEST ALONG THE SOUTH LINE OF SAID QUARTER QUARTER SECTION, A DISTANCE OF 192.3 FEET; THENCE NORTH WESTERLY ALONG A LINE FORMING AN ANGLE TO THE RIGHT OF 72 DEGREES, 40 MINUTES, 55 SECONDS, WITH THE PRECEDING LINE EXTENDED, 691.7 FEET; THENCE EAST ALONG A LINE FORMING AN ANGLE TO THE RIGHT OF 107 DEGREES, 20 MINUTES, 05 SECONDS, WITH THE PRECEDING LINE EXTENDED, AND ALONG THE NORTH LINE OF SAID SOUTH HALF OF THE NORTH WEST QUARTER OF THE SOUTH EAST QUARTER OF SECTION 31, TO THE EAST LINE OF THE SAID QUARTER QUARTER SECTION AND THENCE SOUTH ALONG THE SAID EAST LINE OF SAID QUARTER QUARTER SECTION TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PARCEL 3: EASEMENT FOR THE BENEFIT OF PARCELS 1 AND 2 AS RESERVED IN THE DEED DATED FEBRUARY 24, 1969 AND RECORDED APRIL 18, 1969, AS DOCUMENT 1418103, IN LAKE COUNTY, ILLINOIS, FROM TRAVENOL LABORATORIES, INC., A DELAWARE CORPORATION, TO THE AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, A NATIONAL BANKING ASSOCIATION, AS TRUSTEE UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED JUNE 30, 1966 AND KNOWN AS TRUST NO. 23708, FOR DRIVEWAY PURPOSES AND FOR THE INSTALLATION, MAINTENANCE, AND OPERATION OF UTILITY LINES OVER THAT PORTION OF THE PREMISES EXCEPTED FROM PARCEL 1 LYING SOUTH WESTERLY OF A LINE 40 FEET NORTH EASTERLY AND PARALLEL TO THE SOUTH WESTERLY LINE OF SAID EXCEPTED PREMISES. EASEMENT FOR THE INSTALLATION, MAINTENANCE AND OPERATION OF UTILITY LINES AND FOR DRIVEWAY PURPOSES FOR THE BENEFIT OF PARCELS 1 AND 2 OVER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY: THAT PART OF THE SOUTH EAST QUARTER OF THE SOUTH EAST QUARTER OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE 3RD M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 34 AND 2/7 RODS NORTH OF THE SOUTH LINE OF SAID SECTION 31 AND 70 RODS WEST OF THE EAST LINE OF SAID SECTION 31; THENCE NORTH 0 DEGREES 00 MINUTES PARALLEL TO SAID EAST LINE OF SAID SECTION 31 FOR A DISTANCE OF 78.19 FEET; THENCE SOUTH 25 DEGREES 55 MINUTES EAST FOR A DISTANCE OF 57.20 FEET; THENCE SOUTH 0 DEGREES 00 MINUTES FOR A DISTANCE OF 27.18 FEET; THENCE SOUTH 89 DEGREES 15 MINUTES WEST FOR A DISTANCE OF 25.00 FEET TO THE PLACE OF BEGINNING, AS CREATED BY A GRANT OF EASEMENT BY AND BETWEEN AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, AS TRUSTEE UNDER TRUST AGREEMENT DATED JUNE 30, 1966 AND KNOWN AS TRUST NO.23708 AND TRAVENOL LABORATORIES, INC., DATED MARCH 27, 1969 AND RECORDED APRIL 18, 1969 AS DOCUMENT 1418104, IN LAKE COUNTY, ILLINOIS. TRACT 2 PARCELI: LOT 2 IN HYATT DEERFIELD OFFICE CAMPUS SUBDIVISION (EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY MOST CORNER OF SAID LOT 2; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE EASTERLY LINE OF SAID LOT 2, A DISTANCE OF 338.20 FEET TO A CORNER OF SAID LOT 2; THENCE SOUTH 89 DEGREES 49 MINUTES 18 SECONDS WEST, ALONG A SOUTHERLY LINE OF SAID LOT 2, A DISTANCE OF 90.27 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 05 MINUTES 11 SECONDS WEST, 20.12 FEET; THENCE SOUTH 89 DEGREES 54 MINUTES 49 SECONDS WEST, 25.96 FEET; THENCE SOUTH 00 DEGREES 05 MINUTES 11 SECONDS WEST, 20.17 FEET TO A POINT ON SAID SOUTHERLY LINE; THENCE NORTH 89 DEGREES 49 MINUTES 18 SECONDS EAST ALONG SAID SOUTHERLY LINE, 25.96 FEET TO THE POINT OF BEGINNING), BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1997 AS DOCUMENT 3993759, IN LAKE COUNTY, ILLINOIS. PARCEL 2: THOSE NON-EXCLUSIVE EASEMENT RIGHTS CONTAINED IN DECLARATION OF CROSS EASEMENT FOR INGRESS, EGRESS AND PARKING OVER AND ACROSS THE NORTH 100 FEET OF THE FOLLOWING DESCRIBED PARCEL, TO -WIT: THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: TO -WIT: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE RUNNING NORTH 34 2/7 RODS; THENCE WEST 70 RODS; THENCE SOUTH 34 2/7 RODS; THENCE EAST 70 RODS TO THE POINT OF BEGINNING (EXCEPT THAT PART THEREOF TAKEN BY THE ILLINOIS TOLL HIGHWAY COMMISSION FOR THE NORTHERN ILLINOIS TOLL HIGHWAY CASE NO, 13890 IN COUNTY COURT OF LAKE COUNTY, ILLINOIS) AND (EXCEPT THAT PART CONVEYED TO THE COUNTY OF LAKE BY DEED RECORDED FEBRUARY 5, 1975 BY DOCUMENT 1696689), IN LAKE COUNTY, ILLINOIS, AS CONTAINED IN DECLARATION RECORDED JUNE 30, 1983 AS DOCUMENT 2222099 AND MODIFIED BY DOCUMENT 2465852 RECORDED JULY 29, 1986, AND AMENDED BY SECOND AMENDMENT TO DECLARATION OF CROSS EASEMENT RECORDED DECEMBER 20, 2000 AS DOCUMENT 4623212, IN LAKE COUNTY, ILLINOIS. PARCEL 3: NON-EXCLUSIVE EASEMENT FOR USE, INGRESS AND EGRESS IN, TO, OVER AND ACROSS `FIFTH ACCESS ROAD' AS CREATED, DEFINED AND LIMITED BY DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS AND EASEMENT DATED JULY 17, 1986 AND RECORDED AS DOCUMENT 2465854, BY AND AMONG HT-DEERFIELD, INC., LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED, JUNE 21, 1984 AND KNOWN AS TRUST 108870 AND LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED JUNE 21, 1983 AND KNOWN AS TRUST NO. 106579; AND AS SHOWN AND LOCATED ON EXHIBIT B-I I TO SAID DECLARATION AND AMENDED BY FIRST AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS AND EASEMENTS, RECORDED DECEMBER 20, 2000 AS DOCUMENT 4623211, IN LAKE COUNTY ILLINOIS. PARCEL 4: NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL 1 AS CREATED IN INSTRUMENT DATED APRIL 13, 1999 AND RECORDED SEPTEMBER 9,1999 AS DOCUMENT 4416593, IN LAKE COUNTY, ILLINOIS. TRACT 3: PARCELI: LOT 1 IN HYATT DEERFIELD OFFICE CAMPUS SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1997 AS DOCUMENT 3993759, IN LAKE COUNTY, ILLINOIS. PARCEL 2: THAT PART OF LOT 2 IN HYATT DEERFIELD OFFICE CAMPUS SUBDIVISION DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY MOST CORNER OF SAID LOT 2; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE EASTERLY LINE OF SAID LOT 2, A DISTANCE OF 338.20 FEET TO A CORNER OF SAID LOT 2; THENCE SOUTH 89 DEGREES 49 MINUTES 18 SECONDS WEST, ALONG A SOUTHERLY LINE OF SAID LOT 2, A DISTANCE OF 90.27 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 05 MINUTES 11 SECONDS WEST, 20.12 FEET; THENCE SOUTH 89 DEGREES 54 MINUTES 49 SECONDS WEST, 25.96 FEET; THENCE SOUTH 00 DEGREES 05 MINUTES 11 SECONDS WEST. 20.17 FEET TO A POINT ON SAID SOUTHERLY LINE, THENCE NORTH 89 DEGREES 49 MINUTES 18 SECONDS EAST ALONG SAID SOUTHERLY LINE, 25.96 FEET TO THE POINT OF BEGINNING, BEING A SUBDIVISION OF PART OF THE SOUTHEAST'/ OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1997 AS DOCUMENT 3993759, IN LAKE COUNTY, ILLINOIS. PARCEL 3: THOSE NON-EXCLUSIVE EASEMENT RIGHTS CONTAINED IN DECLARATION OF CROSS EASEMENT FOR INGRESS, EGRESS AND PARKING OVER AND ACROSS THE NORTH 100 FEET OF THE FOLLOWING DESCRIBED PARCEL, TO -WIT: THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS, TO -WIT• COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 31: THENCE RUNNING NORTH 34 Z/7 RODS: THENCE WEST 70 RODS; THENCE SOUTH 34 2/7 RODS; THENCE EAST 70 RODS TO THE POINT OF BEGINNING. (EXCEPT THAT PART THEREOF TAKEN BY THE ILLINOIS TOLL HIGHWAY COMMISSION FOR THE NORTHERN ILLINOIS TOLL HIGHWAY CASE NO. 13890 IN COUNTY COURT OF LAKE COUNTY, ILLINOIS) AND (EXCEPT THAT PART CONVEYED TO THE COUNTY OF LAKE BY DEED RECORDED FEBRUARY 5, 1975 BY DOCUMENT 1696683 IN LAKE COUNTY, ILLINOIS, AS CONTAINED IN DECLARATION RECORDED JUNE 30, 1983 AS DOCUMENT 2222099 AS MODIFIED BY DOCUMENT 2465852 RECORDED JULY 29, 1986 AND BY SECOND AMENDMENT RECORDED DECEMBER 20, 2000 AS DOCUMENT 4623212. NON-EXCLUSIVE EASEMENT FOR REPAIR, MAINTENANCE, USE, INGRESS AND EGRESS IN, TO, OVER AND ACROSS NORTH ACCESS ROAD AS CREATED, DEFINED AND LIMITED BY DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS AND EASEMENT DATED JULY 17, 1986 AND RECORDED AS DOCUMENT 2465854, BY AND AMONG HT-DEERFIELD, INC., LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED JUNE 21, 1984 AND KNOWN AS TRUST NO. 108870 AND LASALLE NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED JUNE 21, 1983 AND KNOWN AS TRUST NO. 106579; AND AS SHOWN AND LOCATED ON EXHIBIT B-4 TO SAID DECLARATION TRACT 4: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 100 RODS NORTH OF THE SOUTHEAST CORNER OF SAID SECTION; THENCE NORTH 30 RODS; THENCE WEST 80 RODS; THENCE SOUTH 30 RODS; THENCE EAST 80 RODS TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. EXIHIBIT B LEGAL DESCRIPTION OF ADDITIONAL PUD PROPERTY Lot 1 and part of Lot 2 of Hyatt Deerfield Office Campus Subdivision, being a part of the Southwest 1/4 and the Southeast 1/4 of the Southeast 1/4 of Section 31, Township 43 North, Range 12 East of the 3rd P.M. described as follows: Commencing at the Southeast corner of said Southeast 1/4 Section; thence due North along the East line of said 1/4 Section 565.71 feet to a point; thence South 89° 15'00" West 50.00 feet to a point on the West line of Wilmot Road also the South line of Lot 1 of Hyatt Deerfield Office Campus Subdivision and the point of beginning of lands described hereinafter; thence continue South 89°15'00" West along said South line 847.98 feet to a point on the West line of said Lot 1; thence due North along said West line 111.14 feet to a point; thence North 89157'26" West 184.00 feet to a point; thence due North along said West line 115.66 feet to a point to a point on a South line of said Lot 2; thence North 89'49'18" East along said South line 67.71 feet to a point; thence North 00'05'11" East 20.17 feet to a point; thence North 89°54'49" East 25.96 feet to a point; thence South 00'05'11" East 20.12 feet to a point on said South line; thence North 89'49'18" East along said South line 90.27 feet to a point on the West line of said Lot 1; thence due North along said West line 338.20 feet to a point on the North line of said Lot 1; thence North 89°15'00" East along said North line 847.98 feet to a point; thence due South along said West line 565.71 to the point of beginning. Exhibit C DOCUMENTS INCORPORATED AS PART OF AN AMENDMENT TO THE WALGREENS PLANNED UNIT DEVELOPMENT 1. The Overall Site Plan, consisting of one sheet and prepared by Stantec, with a latest revision date of March 6, 2018. 2. The Skywalk Plans, consisting of 8 sheets and prepared by AECOM, with a latest revision date of February 22, 2018. 3. The Parking Expansion Plans, consisting of 10 sheets and prepared by Stantec, with a latest revision date of February 22, 2018. 4. The Photometric Plans, consisting of 3 sheets and prepared by Stantec, with a latest revision date of February 22, 2018, 5. The Signage and Branding Plan, consisting of 20 sheets and prepared by Kieffer/Starlite, with a latest revision date of February 22, 2018. 11 EXHIBIT D FIRST AMENDMENT TO ANNEXATION AGREEMENT THIS INSTRUMENT PREPARED BY AND AFTER RECORDING RETURN TO: THIS FIRST AMENDMENT ("AMENDMENT") TO THE ANNEXATION AGREEMENT entered into by the Village of Deerfield, Illinois (hereinafter the "VILLAGE") and Walgreen Co, dated September 18, 2000 ("THE AGREEMENT"), is made and entered into between the Village and Walgreen Co ("WALGREENS") as the developer and operator ("DEVELOPER") of the Walgreens Campus on Wilmot Road ("CAMPUS") and Walrust Properties Inc. ("WALTRUST"), as owner of the Campus, (collectively "the Parties"). RECITALS A. Waltrust owns the Campus, as was annexed into the Village by the Agreement. The Campus is legally described on Exhibit A. ("THE ANNEXED PROPERTY"). B. Walgreens operates the Campus as the headquarters of Walgreen Co. and Walgreens Boots Alliance Inc. C. The Campus, including portions thereof which was not part of the Annexed Property is included within an I -Office, Research, Restricted District and Planned Unit Development ("THE PUD"). D. In conjunction with the Amendment, Walgreens has applied for an revision.to the PUD which includes the construction of a raised and enclosed pedestrian bridge providing access to a number of the existing buildings, revisions to the existing parking lots and access routes, construction of a new parking lot, revisions to the signage on the Campus, and the addition of certain portions property containing the 102,104, 106 and 108 Wilmot Road Buildings, parking structure and central power plant., ( collectively, THE IMPROVEMENTS"). E. Waltrust and Walgreens has determined the need to revise certain aspects of the physical improvements on the Campus in order to best serve the needs of their operations, and to amend the Agreement to accommodate the changes in use of the Campus, as more fully described herein. F. The Village, after due and careful consideration has concluded that the Amendment on the terms and conditions hereinafter set forth, would further the growth of the Village and better accommodate an important corporate citizen of the Village. G. Pursuant to the provisions of Section 5/11-15.1-1 of the Illinois Municipal Code (Chapter 65, ILCS) a proposed Amendment to the Agreement, in substantially the same form and substance as this Amendment, was submitted to the Village and a public hearing held on 1p 2018 pursuant to notice as provided by statute and ordinance. NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is hereby agreed by and between the Parties as follows: 1. ALg)licable Law: This Amendment is made pursuant to and in accordance with provisions of Section 5/11-15.1, et.seq., of the Illinois Municipal Code (Chapter 65, ILCS. 2. Term: The term of the Agreement shall remain as it currently exists, which ends September 18t', 2020. 3. Reaffirmation: The terms and conditions of the Agreement, except as revised herein remain in full force and effect. 4. PUD PLANS: Paragraph 5 of the Agreement is hereby amended so as to allow for substitution of the new site plans, landscape I n ,elevations, signage plans and traffic and parking study, dated (collectively referred to as the "FINAL DEVELOPMENT PLAN") inc uded herein as Exhibit B, in place of Exhibit C of the Agreement. In addition Walgreens is withdrawing any approval of the previously referenced 100 Wilmot new office building and related site improvements. The Final Development Plan will be approved by the Village and become part of the Walgreens PUD. 5. PARKING RATIO: Paragraph 9 of the Agreement notes that the parking ratio for the Campus is required to be .8 parking spaces for each employee working at the Subject Property (which is the defined term -2- in the Agreement) The required parking ratio for the Campus is hereby amended so that .7 parking spaces for each work station located within the Campus buildings shall be the required number of parking spaces for the Campus. This revision to the ratio within the Agreement is based on the Traffic and Parking Study provided within the Final Development Plan. 6. GROSS BUILDING AREA: Paragraph 10 of the Agreement is amended _ so as to read the gross building area in the campus shall be [01 _ , as calculated per the requirements of the revised Walgreens PUD. 7. LANDSCAPE PLAN: The landscape plan as submitted as Exhibit D of the Agreement is withdrawn and in substitution the landscape plan submitted and included as part of Walgreens Final Development Plan is hereby substituted. B. CONFLICT IN TERMS AND CONDITIONS: If there is a conflict between the terms and conditions of the Agreement, this Amendment and the hereinafter approved Walgreens PUD, the PUD controls, as hereinafter amended. IN WITNESS WHEREOF, the Village, Walgreen Co and Waltrust Properties Inc., have each caused this instrument to be executed by their appropriate representatives on the day and year first above written. Attest: corporation Village of Deerfield, Illinois, a Municipal corporation Walg een Co, an Illinois -3- Attest: 0 Waltrust Properties Inc., a Delaware' gi Corporation �. Attest: y -4-