Loading...
O-22-20Fp� r, -. Nod VILLAGE OF DEERFIELD STATE OF ILLINOIS COUNTIES OF LAKE AND COOK VILLAGE OF DEERFIELD I IIIIIII (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Image# 062326770035 Type: ORD Recorded: 06/09/2022 at 11:28:07 AM Receipt#: 2022-00045388 Page 1 of 35 Fees: $50.00 Lake County IL Recorder Mary Ellen vanderventer Recorder File7910234 ) SS 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 0-22-20 Dated this Ayrdl 22, 2022 Rat An Ordinance Approving an Amendment to a Special Use Permit to Allow the Construction of Six Pickleball Courts in Shepard Park (440 Grove Place) --Lj 1--L 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 (9 Know what's below.before you dig.Call R J.U.L.I.E JOINTUTILITYLOCATIONINFORMATION FOREXCAVATIONCALL 811 N 625 Forest Edge Drive Vernon Hills, IL. 60061 TEL 847.478.9700 FAX 847.478.9701 625 Forest Edge Drive Vernon Hills, IL. 60061 TEL 847.478.9700 FAX 847.478.9701 625 Forest Edge Drive Vernon Hills, IL. 60061 TEL 847.478.9700 FAX 847.478.9701 625 Forest Edge Drive Vernon Hills, IL. 60061 TEL 847.478.9700 FAX 847.478.9701 ” ” · · · “” 625 Forest Edge Drive Vernon Hills, IL. 60061 TEL 847.478.9700 FAX 847.478.9701 625 Forest Edge Drive Vernon Hills, IL. 60061 TEL 847.478.9700 FAX 847.478.9701 · · · 625 Forest Edge Drive Vernon Hills, IL. 60061 TEL 847.478.9700 FAX 847.478.9701 625 Forest Edge Drive Vernon Hills, IL. 60061 TEL 847.478.9700 FAX 847.478.9701 · · · · · · · · · · · · 625 Forest Edge Drive Vernon Hills, IL. 60061 TEL 847.478.9700 FAX 847.478.9701 625 Forest Edge Drive Vernon Hills, IL. 60061 TEL 847.478.9700 FAX 847.478.9701 · · · · 625 Forest Edge Drive Vernon Hills, IL. 60061 TEL 847.478.9700 FAX 847.478.9701 “” “ ” 625 Forest Edge Drive Vernon Hills, IL. 60061 TEL 847.478.9700 FAX 847.478.9701 625 Forest Edge Drive Vernon Hills, IL. 60061 TEL 847.478.9700 FAX 847.478.9701 625 Forest Edge Drive Vernon Hills, IL. 60061 TEL 847.478.9700 FAX 847.478.9701 U " " U " " " U U " 625 Forest Edge Drive Vernon Hills, IL. 60061 TEL 847.478.9700 FAX 847.478.9701 625 Forest Edge Drive Vernon Hills, IL. 60061 TEL 847.478.9700 FAX 847.478.9701 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village'): WHEREAS, the Deerfield Park District, ("Owner') is the owner of the property commonly known as 440 Grove Place in the Village ("Property'); and WHEREAS, the Property is located in the P-1 Public Lands District ("P-1 District') and contains three baseball diamonds, a disc golf course and open space for a soccer field; and WHEREAS, pursuant to Sections 7.01 and 7.02-B of the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance', recreation facilities are allowed within the P-1 District only upon the issuance of a special use permit; and WHEREAS, in September 16, 1966, the Village Board approved Ordinance No. 0-96- 33, granting a special use permit for the operation of recreation fields on the Property, which special use permit has been amended from time to time (collectively, the "Special Use Permit'); and WHEREAS, the Owner desires to: (i) relocate the existing ball fields on the west end of the Property; (ii) renovate the southwest section of the Property to add six pickleball courts; and (iii) make other site and landscape improvements (collectively, "Proposed Improvements'); and WHEREAS, on April 18 , 2022, the Village approved Ordinance O 22-20 ("Ordinance') granting approval of a special use amendment ("Special Use Amendment') approving the Proposed Improvements; and WHEREAS, Section 7.A.3 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Owner has filed, within 30 days following the passage of the Ordinance, 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 Owner does hereby agree and covenant as follows: 1. The Owner hereby unconditionally agrees to, accept, consent to, and will abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the Ordinance. 2. The Owner 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 Owner 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 the Special Use Amendment or adoption of the Ordinance, and that the Village's approval of the Special Use Amendment does not, and will not, in any way, be deemed to {00125927.4) insure the Owner against damage or injury of any kind and at any time. 4. The Owner 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 Amendment. Dated:._, Zl ZOZ Z' , 2 02 2. ATTEST: By. Its: ce.tvec-3.>re4✓ _ T DEERFIELD PARK DISTRICT By: — - Its:: 1 _.:✓ s, Aev��7 {t}0125927.4) {00125927.4} EXHIBIT D UTILITY EASEMENT AGREEMENT PREPARED BY AND AFTER RECORDING RETURN TO: Benjamin L. Schuster Elrod Friedman LLP 325 N. LaSalle Street, Suite 450 Chicago, IL 60654 For Recorder's Use Only PERMANENT UTILITY EASEMENT AGREEMENT (440 Grove Place) THIS AGREEMENT is dated as of this 11 day of April, 2022, by and between the VILLAGE OF DEERFIELD, an Illinois home rule municipal corporation (the "Village"), and the Deerfield Park District, the record owner of the real property commonly known as Shepard Park, located at 440 Grove Place, Deerfield, Illinois (the "Owner") IN CONSIDERATION OF the mutual covenants and agreements set forth herein and pursuant to the Village's home rule powers, the parties hereto agree as follows: 1. BACKGROUND. A. The Owner is the owner of certain real estate commonly known as Shepard Park, located at 440 Grove Place, Village of Deerfield, State of Illinois and legally described in Exhibit A attached hereto and incorporated herein (the "Subject Property") B. The Owner and the Village have determined that it is in their respective best interests to enter into this Agreement in order to provide the Village with a sufficient property interest in the Subject Property to fulfill the purposes described herein. {00125927.4) {00125927.4} 2. GRANT AND USE OF EASEMENT. The Owner grants, conveys, warrants, and dedicates to the Village a perpetual easement in, at, over, along, across, through, upon, and under that portion of the Subject Property labeled “Utility Easement” in the depiction in Attachment B attached to, and by this reference made a part of, this Agreement (the “Easement Premises”), and five feet on either side, to survey, construct, operate, use, maintain, own, test, inspect, repair, remove, and replace or abandon in place (collectively the “Installation”) Village utilities, including, without limitation, electric lines, transformers, watermains, sanitary sewer utilities, stormwater utilities, and any appurtenances thereto (the “Facilities”), together with all reasonable rights of ingress and egress over, along, across, and upon the Subject Property necessary for the exercise of the rights granted herein. 3. HOLD HARMLESS. The Village agrees to hold the Owner harmless from all claims, causes of action, suits, damages, or demands that arise directly from the Installation of the Facilities on the Easement Premises. 5. RESERVED RIGHT. The Owner reserves the right to use the Easement Premises in any manner that will not prevent or interfere in any way with the exercise by the Village of the rights granted herein; provided, however, that the Owner shall not permanently or temporarily improve or obstruct the Easement Premises or cause any improvements or obstructions to be constructed on the Easement Premises that would impair the exercise by the Village of the rights granted herein without the express prior written consent of the Village Manager. 6. ADDITIONAL EASEMENTS. The Owner shall have the right to grant other non-exclusive easements over, along, across or upon the Easement Premises; provided, however, that any such other easements shall be subject to this Agreement and the rights granted hereby; and provided further, that the Village Manager shall have first consented in writing to the terms, nature, and location of any such other easements. {00125927.4} 7. VILLAGE RESTORATION. Upon completion of any Installation, the Village agrees to (a) replace and grade any and all topsoil removed by the Village; and (b) replace any and all natural grass removed by seeding with a good quality seed. 8. COVENANTS RUNNING WITH THE LAND. The easements and rights granted in this Agreement, the restrictions imposed by this Agreement, and the agreements and covenants contained in this Agreement shall be easements, rights, restrictions, agreements and covenants running with the land, shall be recorded against the Subject 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 Subject Property, or any portion thereof, and all persons claiming under them. If any of the easements, 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. 9. ASSIGNMENT OF RIGHTS. The Owner agrees that the Village may assign its rights or delegate its duties under this Agreement to any assignee: (a) who is reasonably competent to exercise the rights granted herein and the obligations imposed herein; and (b) who makes adequate assurances to the Owner that any activity performed pursuant to such assignment or delegation shall be conducted in a good and workmanlike manner. 10. AMENDMENT. This Agreement may be modified, amended, or annulled only by the written agreement of the Owner and the Village. 11. EXHIBIT. Exhibits A and B attached to this Agreement are incorporated herein and made a part hereof by this reference. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on the date first above written. ATTEST: -i-- ip* - ATTEST: ATTEST: Deerfield Park District Deerfield Park District VILLAGE OF DEER,FIELD Daniel C. Shapiro !3y .: 72, Kbn . Stx eet Village Clerk f 00125927.4) ACI T DWLEDGEMEA NTS STATE OF ILLINOIS SS COUNTY OF COOK This instrument was acknowledged before me ont- , 2022, by Daniel C. Shapiro, the Mayor of the Village of Deerfield, an Illinois municipal corporation, and by Kent Street, the Village Clerk of said municipal corporation. OFFICIAL SEAL u DANIEL VAN DUSEN Signature of Notary NOTARY PUBLIC, STATE OF ILLINOIS SEAL MY COMMISSION EXPIRES:1110212026 My Commission expires:__—_--A44 STATE OF ILLINOIS PROPERTY OWNER SS COUNTY OF COOK ) / This instrument was acknowledged before me on rl 2', ; 2022, by la and , known to me to be the person whose name is subscribed to the foregoing instrument and who did acknowledge that he executed the above instrument, duly authorized, voluntarily and as t' e r free act and deed. OFFICIAL SEAL TAMMY INGOGLIA Signature off Lary NOTARY PUBLIC, STATE OF ILLINOIS SEALMY COMMISSION EXPIRES:01/05/2025 My Commission expires d 00'5 kl � _ {00125927.4) {00125927.4} ATTACHMENT A Legal Description of Subject Property THAT PART OF THE SOUTH HALF OF THE NORTH EAST QUARTER OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE 3RD P. M., DESCRIBED AS FOLLOWS, TO-WIT: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID HALF QUARTER SECTION, 793. 90 FEET WEST OF THE SOUTH EAST CORNER THEREOF; THENCE WEST ALONG THE SOUTH LINE OF SAID HALF QUARTER SECTION TO THE SOUTH WEST CORNER OF THE HALF QUARTER SECTION; THENCE NORTH ALONG THE WEST LINE OF SAID HALF QUARTER SECTION, 610.5 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID HALF QUARTER SECTION, 1846.10 FEET, MORE OR LESS, TO A POINT 793.90 FEET WEST OF THE EAST LINE OF SAID NORTH EAST QUARTER (MEASURED ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID NORTH EAST QUARTER); THENCE SOUTH 610.5 FEET TO THE PLACE OF BEGINNING, IN LAKE COUNTY, ILLINOIS, P.I.N.: 16-32-200-041-0000, 16-32-200-189-0000, 16-32-200-188-0000 Commonly known as: 440 Grove Place, Deerfield, Illinois {00125927.4} ATTACHMENT B Depiction of the Easement Premises Easement Premise s