R-21-17VILLAGE OF DEERFIELD
RESOLUTION NO. R-21-17
A RESOLUTION APPROVING A FINAL PLAT OF SUBDIVISION
(755 Kipling Place)
WHEREAS, 755 Kipling, LLC ("Applicant's is the contract purchaser of the
property commonly known as 755 Kipling Place, Deerfield, Illinois ("Property's, which
Property is legally described in Exhibit A attached hereto and incorporated herein; and
WHEREAS, the Property is located in the R-3 Residential District of the Village and
currently owned by 755 Kipling LLC ("Owner's; and
WHEREAS, with the consent of the Owner, the Applicant filed an application to
resubdivide the Property into two lots of record, as depicted on that certain plat titled "755
Kipling Estates Re subdivision", prepared by United Survey Service LLC, consisting of one
sheet, with a latest revision date of April 28, 2021 ("Plat'; and
WHEREAS, the Applicant has applied for final approval of the Plat, and on April 22,
2021, the Plan Commission recommended approval of the proposed Plat; and
WHEREAS, the Village Board has determined that it will serve and be in the best
interest of the Village to approve the Plat;
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 PLAT. The Plat is hereby approved in the
form attached to and, by this reference, made a part of this Resolution as Exhibit B.
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 Plat.
SECTION FOUR: RECORDATION OF THE PLAT. Upon execution of the Plat
by the Mayor and the Village Clerk, as provided in Section Three of this Resolution, the
Village Clerk is hereby directed to cause the Plat 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:
1. Passage by the Village Board in the manner required by law;
(00120797.11
The filing by the Applicant with the Village Clerk of a fully executed
Subdivision Agreement, in the form of Exhibit C attached to and, by
this reference, made a part of this Resolution; and
4. The filing by the Applicant with the Village Clerk of a fully executed
Impact Fee Agreement, in the form of Exhibit D attached to and, by
this reference, made a part of this Resolution
AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: June 7, 2021
APPROVED: June 8, 2021
RESOLUTION NO. R-21-17
Daniel C. Shapiro, Mayor
ATTE.'
Kent S. treet, Village dlerk
{00120797.1)
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
BEING A RESUBDIVISION OF PART OF THE NORTH HALF OF SECTION 33,
TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN IN
LAKE COUNTY, ILLINOIS.
PIN: 16-33-103-00 7-0000
Commonly known as: 755 Kipling Place, Deerfield, IL
100120797.11
EXHIBIT B
PLAT OF SUBDIVISION
{00120797.1}
PLAT INFORMATION SH
NUMBER OF PLAT PAGES
SECTION TOWNSHIP
cr6 Lu- T
CHECK (�) TYPE OF PLAT:
ANNEXATION/DISCONNECTION
CONDOMINIUM
DEDICATION
EASEMENT
VACATION
Image# 062820860002 Type: PSB
Recorded: 12/12/2022 at 12:20:59 PM
Receipt#: 2022-00079470
Page 1 of 2
Fees: $62.00
IL Rental Housing Fund: $0.00
Lake County IL
Anthony Vega Lake County Clerk
File7949021
SUBDIVISION (enter subdivision name on line below)
-1 5s-�
?-p-s-caD
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
U:\Forms\Platlnfo\Plat Information Coversheet for Scanning.docx
Revised: January 25, 2019 8:20 AM
N
01 19 29 50'
FEND TAX BILL TO:
755 KIPLING LLC.
1645 BIRCHWOOD,
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Recorded: 2/12/2Ux2 t x:20:59 Prt
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ILLeA. E62,00
keaC.—IOUL1R9akFund: $0.00
Mtk— veg. Le my clerk
F11e7949021
7949021
12/12/2022
LOT 3
BRIARWO-D EST; UBDIYISION
�7—
LOT 1
LOT
755 KIIPII I .G
ESTATES RESUBDIV ISION
BEING A RESUBDMSION OF PART OF THE NORTH HALF OF SECTION 33,
TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN �� - -
LAKE COUNTY. ILLINOIS. EASEMENT PROVISIONS
KNOWN AS: 755 KIPLING PLACE, DEERFIELDa ILLIIIOLS 60015
LAKE COUNTY PERMANENT IDENTIFICATION NUMBER
16 - 33 -103 - 007 - 0000
AREA TABLE
LOT 1
AREA=16.000 SQ. FT. OR 0.367 ACRE MORE OR LESS
LOT
AREA = 16.000 SQ. FT. OR Q W7 ACRE MORE OR LESS
TOTAL SUBDIVISION -
AREA = 32.=SQ. FT. OR 0.734 ACRES MORE OR LESS
LOT 1 LOT 1
111511-AN SHRESUBDIYISION
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10 FEET PUBLIC UTILITY EASEMENT PER DOC. 975456
LEGEND
10 FEET PUBLIC UTILITY
L - - - - J _BEMENT PER DOC. 975456
PROPOSED LOT LINE
EXISTING LOT LINE
LOT - PROPOSED LOT NUMBER
LOT - EXISTING LOT NUMBER
�RAFFIC FLOW DIRECTIONAVS
(R) RECORD DATA
LOT I LOOT 8
NOTE:
BEARING SYSTEM
BASIS OF BEARING SYSTEM IS ASSUMED
EASEMENT PROVISIONS
AN EASEMENT IS HEREEF1' RESERVED AND GRANTED TO THE VILLAGE OF DEERFIELD AND TO
THOSE PUBLIC UTILITY COMPANIES OPERATING UNDER FRANCHISE FROM THE VILLAGE OF�
DEERFIELD INCLUDING BUT LIMITED TO SBC COMPANY, COMMONWEALTH EDISON COMPANY,
COMCAST OF ILLINOIS AND NORTH SHORE GAS COMPANY AND THEIR SUCCESSORS AND/OR
ASSIGNS FOR THE PERPETUAL RIGHT PRIVILEGE AND AUTHORITY TO CONSTRUCT,
RECONSTRUCT, REPAIR, REMOVE. INSPECT, MAINTAIN AND OPERATE VARIOUS UTILITY
TRANSMISSIONS AND DISTRIBUTION SYSTEMS INCLUDING BUT NOT LIMITED TO STORM AND/OR
SANITARY SEWERS TOGETHER WITH ANY AND ALL NECESSARY MANHOLES, CATCH BASINS,
INLETS, VAULTS, ELECTRICAL AND COMMUNICATIONS, CONDUITS, CABLES, WIRES, PEDESTALS,
TRANSFORMERS, GAS MAINS, WATER LINES AND APPURTENANCES AND ALL OTHER EQUIPMENT
AND APPURTENANCES AS MAY BE DEEMED NECESSARY BY SAID VILLAGE OVER UPON, UNDER
AND THROUGH SAID INDICATED EASEMENTS. TOGETHER WRH RIGHT OF ACCESS ACROSS THE
PROPERTY, FOR NECESSARY MEN AND EQUIPMENT TO DO ANY OF THE ABOVE WORK
LOCATIONS OF UTILITY INSTALLATION WITHIN THE EASEMENT SHALL BE SUBJECT TO THE
APPROVAL OF THE VILLAGE OF DEERFIELD, AS TO DESIGN AND LOCATION. ALL INSTALLATIONS
ARE SUBJECT TO THE ORDINANCES OF THE Vl GF, OF DEERFIELD.
IT SHALL INCLUDE THE RIGHT TO ENTER THE SUBDIVIDED PROPERTY FOR ALL SUCH
PURPOSES. AND THE RIGHT WITT/OUT LIABILITY TO CUT, TRIM, ALTER, OR REMOVE ANY
VEGETATION, ROOTS, STRUCTURES OR DEVICES WITHIN THE DESIGNATED EASEMENT
PROPERTY AS MAY BE REASONABLY REQUIRED INCIDENT TO THE RIGHT HEREIN GIVEN.
WITHOUT PRIOR WRITTEN CONSENT OF GRANTEE, NO BUILDINGS, STRUCTURES OR OTHER
OBSTRUCTION SHALL BE CONSTRUCTED, PLANTED, OR PLACED IN ANY SUCH EASEMENT
AREAS, STREETS, OR OTHER PUBLIC WAYS OR PLACES, NOR SHALL ANY OTHER USES BE MADE
THEREOF WHICH WILL INTERFERE WITH THE EASEMENTS RESERVED AND GRANTED HEREBY.
SUCH EASEMENTS SHALL SURVIVE THE VACATION BY AUTHORITY OF ANY STREET AND OTHER
PUBLIC WAY AND PLACE SHOWN ON THIS PLAT, UNLESS OTHERWISE EXPRESSLY MENTIONED IN
AN ORDINANCE OF VACATION.
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TS5 MPLLNG 11C, iFREBY CERTSES THATR15lHE OWNI'ROF THE FROPQTY 0E6RU3m rH�011 ANO
A8 SIIGI OMRER H45 CAUSED SA10 PROPFiTY ro BE SURVEYED ANO SUBORAOED w TIE M VYIFfi
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OWNEWSI OF TIETRPLT OF INID LOAGU`LY KNOPAI AS THE T45 KmLNG ESTATES, APPEAPEO BEFORE
METTIS DAYIN PD1rANANOACID10V11EDLOMSTEERECURONOT-L STATEMENTAS T¢WFREEANO
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VILLAGE COLLECTOR CERTIFIGTE
STATE OF IUJNOIS )
S.S.
COUNTY OF LAKE I
1, EYLIC- 64JOk COLLECTOR FORTHE MIJ.AGE OF DEERFIELD. LAKE COUNTY. DO
HEREBY CERTIFY THAT 1 FIND NO DEFERRED INSTALMENTS OF OUTSTANDING UNPAID
SPECIAL ASSESSMENTS AGAINST THETRACT OF LAND INCWOED IN THE PLAT HEREON DRAWN.
DATEUTHIS-L!SDAYOF Sw^4- .AJ.20-L
VILLAGE CDUECTOR
PROJECT No.: PLAT PREPARED FOR: PLAT PREPARED BY:
2020 - 28297-1 UNITED SURVEY SERVICE, LLC
ISSUE DATE:
12/10/2020 755 KIPLING LLC. CONSTRUCTION AND LAND SURVEYORS
SCALE: 1"=20' 1645 BIRCHWOOD, 7710 CENTRAL AVENUE, RIVER FOREST, IL 60305
SHEET NUMBER DES PLAINES, IL. 60018 TEL.: (847) 299 -1010 FAX: (847) 299 - 5887
10 1 E-MAIL: USURVEY@USANDCS-CON
REVISIONS DATE �.
REVISED 04/1321
REVISED 0428/21
DRAINAGE STATEMENT:
TO THE BEST OF OUR KNOWLEDGE AND SEUEF, THE DRAINAGE OF THE SURFACE
WATERS WILL NOT BE CHANGED BY THE CONSTRUCTION OF THIS SUBDIVISION OR ANY
PART THEREOF, Oft THAT IF SUCH SURFACE WATER DRAINAGE VALLEE CHANGED,
REASONABLE PRO VISIONS HAVE BEEN MADE FOR THE COLLECTION AND DIVERSION OF
SUCH SURFACE WATERS INFO PUBLIC AREAS OR DRAINS WHICH THE SUBDIVIDER HAS A
RIGHT TO USE. AND THAT SUCH SURFACE WATERS WILL BE PLANNED FOR IN
ACCORDANCE WITH GENERALLY ACCEPTED ENGINEERING PRACTICES SO AS TO REDUCE
THE LIKELIHOOD OF DAMAGE TO THE ADJOINING PROPERTY BECAUSE OF THE
CONSTRUCTION OF THE SUBDIVISION.
DATED THIS _LDAY OF T " A U.20L> -
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BY- .
7- 1
OVONER
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BY:
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ADDRESS: TS5 KIPLING
PLACE. DEERFIELD. ILLINOIS 60015
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' ENGINEER
ENGINEERS CERDDCATE
STATE OF ILLINOIS )
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COUNTY OF LAKE )
I'A f ad
APPROVED BY JMAES DOLAND, A REGISTERED PROFESSIONAL ENGINEER OF ILLINOIS, ON
THIS-NDAY SINE .A.D. 20-'?�-
PLAN COMMISSION CENTIDCATE = i1' ` �` 55�5 '•�k
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STATE OF ILLINOIS 1ENGINEER
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COUNTYOFIAI(EJ J1B16R DOLAND,ILLI IS REGISTERED PROFESSIONAL ENGINEER *+, OF
APPROVED AND ACCEPTED BY THE PLN COMISSION LL. LAKE JAf�
COUNTY. ILLINOIS, ATA MEETING HELDTHISZ.20ZZDAY.OF
�`"�LINOI
BY: 6 '
CHAIRMAN OF THE PLAN ISSK)N
C�Y
ATTEST: p�� r�� '^--
$ECREDIRY
BOARD OF TRUSTEES CERTIFICATE
STATE OF ILLINOIS )
S.S.
COUNTY OF LAKE )
APPROVED AND ACCEPTED BY THE PRESIDENT MD BOARD OF TRUSTEES OF THE
VILLAGE OF DEERFIELD, LAKE COUNTY, ILLINOIS. AT A MEETING HEIR THIS-2., DAY
SUM .AD. 2011.
PRESIDE OF THE BOARD OFTRUSTEES pj%ape q�•,13
O•.
ATTEST:
VIIr1AGE CLERK / ...-...
COUNTY CLERKS CERTIFICATE:
STATE OF ILLINOIS )
as.
COUNTY OF LAKE )
w COUNTY CIFRKOF LAKE COUNTY,IWNOIS, DO
HEREBY CERTIFYTHATTHERE ME NO DELINQUENTGENEJIALTAXE3. NO UNPAID
CURRENTTAXES, NO UNPAID FORFEITED TAXES. AND NO REDEEMABLE TAX SALES
AGAINST ANY OF THE LAND INCLUDED IN THE ANNEXED PLAT.
FURTHER CERTIFY THAT I HAVE RECEIVED ALL STATUTORY FEES IN CONNECTION
WITH THE ANNEXED PUT.
DATED THIS DAY 1 I�D. ZO
BY: . lD'C 7T�L. O �1wH4L/
COUNTY CLERK t
THIS PUTSUB1411'TEDF RRECORgNG BY ANDRENTINTO-.
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VILLAGE ENGINEER CERTIFICATE
STATE OF I W NOIS )
) S.S.
COUNTYOFLAKE )
APPROVED' THE VI G ENGINEER OF THE VILLAGE OF DEERFIELD, LAKE COUNTY, ILLINOIS.
ON THIS /O DAY 4 A.D. 2022,.
pFESS/ "I
BY:' '�FY
VILLAGE ENGINEER ' W RDBFNTIY HALIIPS i2-
(j; D62.OSSB02 :m
PERMISSION TO RECORD:
THE LINO RSIGNEO HEREBY AUTHORIZES THE VILLAGE OF DEERFIELD ANOADR RS DESIGNATE.
AGENT REC D YNALPIATOF UBOMSION WITH TiEOFFICE OF THE LAKECOUNTY
RICO F OS NDERSIGNED.
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BY
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RO LAWNICZAK REGISTERED ILLINOIS LAND SURVEYOR NO.3 MILD t Y �
LICENSE EXPIRES: NOVEMBER 30.2022 35-002290 _
{ PROrES51DNAL--
PROFESSIONAL DESIGN FIRM LICENSE NO.: 184001576 =*;LAND SURVEYOR:*
LICENSE EXPIRES: APRIL 3D. 2023 = T SiaTE Or ?
� LLIN019
LAND SURVEYORS CERTIFICATION: /I`A II I\y\\`
100
STATE OF ILLINOIS )
) S.S.
COUNTY OF COOK )
1, ROY G. LAWNICZAK, A REGISTERED PROFESSIONAL ILLINOIS LAND SURVEYOR NO,
35 - 2290. DO HEREBY CERTIFY THAT I HAVE SURVEYED AND SUBDIVIDED THE FOLLOWING DESCRIBED
PROPERTY:
LOT 41N BRIARWOOD FOREST SUBDIVISION. BEING A SUBDIVISION OF PART OF LOT 161N OWNERS FIRST
ADDITION TO DEERFIELD, A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 33, TOWNSHIP 43
NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDLAN, ACCORDING TO THE PLAT THEREOF,
RECORDED DECEMBER 16. 1957. AS DOCUMENT 975456, IN BOOK 1592 OF RECORDS, PAGE 229, AS
AMENDED BY CERTIFICATE OF CORRECTION RECORDED MARCH 7, 1958, AS DOCUMENT 983197, IN LAKE
COUNTY, ILLINOIS.
1 FURTHER CERTIFY THAT THE SUBJECT PROPERTY IS DESIGNATED AS UNSHADED ZONE V. DEFINED AS
AREAS DETERMINED TO BE OUTSIDE THE 02%ANNUAL CHANCE FLOODPL MN, AS SHOWN IN THE FLOOD
INSURANCE RATE MAP (FIRM) FOR THE VILLAGE OF DEERFIELD. ILLINOIS. COMMUNITY NUMBER 170361,
PANEL NUMBER MST K. MAP 17097CM87 K EFFECTIVE DATE SEPTEMBER 18, 2013. AS PUBLISHED BY THE
FEDERAL EMERGENCY MANAGEMENT AGENCY.
I FURTHER CERTIFY THAT THE PROPERTY SHOWN ON THE PLAT HEREON DRAWN IS WITHIN THE
CORPORATE LIMITS OF THE VILLAGE OF DEERFIELD, ILLINOIS WHICH HAS ADOPTED A VILLAGE PLAN MD
WHICH IS EXERCISING THE SPECIAL POWERS AUTHORIZED BV DIVISION 12 OF ARTICLE it OF THE ILLINOIS
MUNICIPAL CODES AS HERETOFORE AND HEREAFTER AMENDED.
I FURTHER CERTIFY THAT NO PART OF THE PROPERTY COVERED BY THIS PLAT OF SUBDIVISION IS
SITUATED WITHIN 500 FEET OF A SURFACE DRAIN OR WATER COURSE SERVING ATRIBUTARY AREA OF
BW ACRES OR MORE.
I FURTHER CERTIFY THAT MONUMENTS DESIGNATED IRON PIPES AND OR CONCRETE MONUMENTS ON
THIS PLAT HAVE BEEN SET AT ALL LOT CORNERS.
THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM STANDMDS FOR A
SOUNDMY SURVEY.
DIMENSIONS ME SHOWN IN FEET AND DECIMAL PARTS THEREOF MO ARE CORRECTED TO A
TEMPERATURE OF OR DEGREES FAHRENHER,
GIVEN UNDER HAND ANpS THLFA IS 287N DAY OF APRIL, 2021 AT RIVER FOREST, ILLINOIS,
BY.
ROY G. LAWNICZAK, REGISTERED ILLINOIS LAND SURVEYOR NO.3 =110
LICENSE EXPIRES: NOVEMBER 30.2022
PROFESSIONAL DESIGN FIRM LICENSE NO, 184-OD45M
LICENSE EXPIRES: APRIL 30, ZOTJ
EXHIBIT C
SUBDIVISION AGREEMENT
{00120797.1)
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
SUBDIVISION AGREEMENT
(755 Kipling Place Subdivision)
THIS AGREEMENT ("Agreement") is entered into as of this �_ day of
W_ , 2021 ("Effective Date") by and between 755 Kipling, LLC, and Illinois
limited liability company ("Developer") and the Village of Deerfield, an Illinois municipal
corporation ("Village"; and together with the Developer, the "Parties").
WHEREAS, Developer is the contract purchaser of the property located at 755 Kipling
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 Developer proposes to demolish the existing improvements on the
Property and redevelop the Property with two new single-family homes (collectively, the
"Proposed Development"); and
WHEREAS, to enable the Proposed Development, the Developer has requested to
resubdivide the Property into two lots of record (the "Proposed Subdivision"); and
WHEREAS, a three-foot wide sidewalk is currently provided in the Kipling Place public
right-of-way that abuts the Property; and
WHEREAS, the Village of Deerfield Subdivision Code ("Subdivision Code") requires
the Developer to install a five-foot wide sidewalk one foot outside of the property line; and
WHEREAS, the Village intends to reconstruct Kipling Place in the near future; and
(00120789,1)
WHEREAS, to avoid removal of a new sidewalk shortly after its installation, the Village
and Developer desire that the Developer pay a fee in lieu of constructing the sidewalk
("Sidewalk Fee -in -Lieu"); and
WHEREAS, in connection with the Proposed Development, the Developer 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 Developer agree as follows:
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.
The Developer must file or cause to be filed for recordation with the Office
of the Recorder of Deeds of Cook County, Illinois this Agreement and the
full-sized Final Plat within three months of after Village Board approval of
the Final Plat.
The Developer must pay to the Village the following fees prior to
execution of the Final Plat by the Village:
a. engineering review fees in the amount of $3,061.95; and
b. the Sidewalk Fee -in -Lieu in the amount of $5,728.80.
4. Developer hereby unconditionally agree to accept, consent to, and abide
by all of the terms, conditions, restrictions, and provisions of the
Subdivision Code, and to comply with all applicable statutes, laws,
ordinances, and regulations when constructing the Proposed
Development.
5. Developer acknowledges and agrees that the proper procedures have
been followed to apply for the Final Plat, and agree not to challenge any
revocation of the Final Plat on the grounds of any procedural infirmity or
any denial of any procedural right.
6. Developer agrees to and hereby indemnifies 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 these parties
in connection with the Village's approval or execution of the Final Plat.
7. Developer 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 Developer and
the Village and their respective heirs, executors, administrators,
{00120789.1) 2
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]
{00120789.11 3
SUBSCRIBED y��WORN to
beforg�me this day of
ATTEST:
By: . 1 _
Village Clerk
{00120789.1}
755 KIPLING, LLC
By:
By: ��0 ar
(}EPICIAL SEAL
WILLEM DE KQNING
NOTARY PUBLIC, STATE OF 29 20
My OIS
Commissions Expires Ap23
0
DANIEL C. SHAPIRO
By:
By: Village President
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
BEING A RESUBDIVISION OF PART OF THE NORTH HALF OF SECTION 33, TOWNSHIP 43
NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN IN LAKE COUNTY,
ILLINOIS.
PIN: 16-33-103-007-0000
COMMONLY KNOWN AS: 755 KIPLING PLACE, DEERFIELD, IL
{00120789.1) 5
EXHIBIT D
IMPACT FEE AGREEMENT
{00120797.11
IMPACT FEE AGREEMENT / 755 KIPLING PLACE RESUBDIVISION
THIS AGREEMENT entered into this 24 day of , 20L;-, between the
VILLAGE OF DEERFIELD, an Illinois municipal corporation ("Deerfield") and 755
KIPLING, LLC, an Illinois limited liability company (individually and collectively, the
"Developer").
WITNESSETH
WHEREAS, Developer is the contract purchaser and developer of a certain parcel of
property approximately .73 acres in size located at 755 Kipling Place, Deerfield, Illinois, and
which is legally described on Exhibit A attached hereto (the "Subject Property"); and
WHEREAS, pursuant to relevant provisions of the Village Zoning Ordinance, Developer
has made application to Deerfield for certain approvals, including: (i) approving a preliminary
plat of resubdivision for a 2-lot subdivision of the Subject Property; and
WHEREAS, Deerfield 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 Deerfield; 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 Deerfield resulting from additional residential development; and
WHEREAS, the Ordinance also provides a standard of value of residentially -zoned
properties within Deerfield 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 Deerfield to determine whether or not a
particular residential development will have an impact or create an impact upon other
governmental units within Deerfield 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 Deerfield and Developer as
follows:
1. The preambles to this Agreement are a material part hereof, and are incorporated
herein as part of this Agreement.
2. Deerfield has conducted.: (i) a review of the specific residential development
proposal presented by Developer; and (ii) a review of evidence adduced by Developer 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.
-1-
3. As a result of the foregoing, Developer agrees to pay: (a) an impact fee of
$7,647.50 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 $5,302.50 as a contribution in lieu of dedication
of a school site for the benefit of the Deerfield Township High School District No. 113.
4. Developer further agrees to pay an impact fee of $19,062.75 as a contribution in
lieu of dedication of land for park and recreational for the benefit of the Deerfield Park District.
5. Developer further agrees to pay an impact fee of $5,197.78 to the Village of
Deerfield as a contribution in lieu of dedication of land for village and library site use.
6. Developer further agrees to pay an impact fee of $38.13 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 Deerfield's
issuance to Developer of the building permit for any single-family residence at the Subject
Property.
8. Developer agrees that all payments hereunder shall be payable to Deerfield 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. Deerfield acknowledges and agrees that compliance by Developer with the terms
of this Agreement constitutes full compliance with the Ordinance, and Deerfield agrees that
Developer shall not be required to make any finther or other payments of cash or dedications of
land which are not set forth in this Agreement to satisfy the Ordinance.
10. Developer waives and releases any and all claims to contest the provisions of the
Ordinance or the payments and conveyances set forth herein. Further, Developer 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 ten (10) years.
11. Developer and Deerfield agree that the execution and delivery of this Agreement
by the parties hereto shall be an express condition to the approval of a final plat of resubdivision
for the proposed residential development of the Subject Property. It is acknowledged by
Developer that any failure on its part to fully perform all aspects of this Agreement as and when
required shall entitle Deerfield to cease to issue building permits for further construction and to
issue certificates of occupancy for completed residential units.
12. Deerfield and Developer agree that this Agreement shall be binding upon and
shall benefit the successors, transferees, legal representatives, grantees and assigns of the parties
hereto.
13. This Agreement may only be modified by an instrument in writing executed by all
parties hereto. Execution of this Agreement by Deerfield has been duly authorized and the
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appropriate action has been taken by the corporate authorities of Deerfield to direct its execution
on behalf of Deerfield.
IN WITNESS WHEREOF, the parties have set their hands and seals on the day and year
first above written.
ATTEST:
Village Clerk
ATT
Its L�(�•�
VILLAGE OF DEERFIELD
l
By ----
Village President
DEVELOPER:
755 KIPLING, LLC, an Illinois limited liability
company �-- y ^ n
By: i
Name: ;3(14eAy X� f!r
Title:
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
BEING A RESUBDIVISION OF PART OF THE NORTH HALF OF SECTION 33,
TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN IN
LAKE COUNTY, ILLINOIS.
PIN: 16-3 3-103-007-0000
COMMONLY KNOWN AS: 755 KIPLING PLACE, DEERFIELD, IL
In