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R-23-34VILLAGE OF DEERFIELD STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) Image# 063317310011 Type: RLC Recorded: 08/07/2023_at 08:58:36 AM Receipt#: 2023-00033803 Page-1 of 11 Fees: $60.00 Lake County IL Anthony Vega Lake County Clerk File7988221 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 Termination and Release of Restrictive Covenant (828-834 Northwoods Court) Dated this July 11, 2023. M W." I 11, Alf A • 1w 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 {00132904.2} THIS INSTRUMENT PREPARED BY AND AFTER RECORDING RETURN TO: Benjamin L. Schuster Elrod Friedman LLP 325 North LaSalle Street, Suite 450 Chicago, Illinois 60654 TERMINATION AND RELEASE OF RESTRICTIVE COVENANT (828 – 834 Northwoods Court) THIS TERMINATION AND RELEASE OF RESTRICTIVE COVENANTS (“Termination and Release”) is made as of the __ day of ___________________, 2023, by the VILLAGE OF DEERFIELD, an Illinois home rule municipal corporation (the “Village”); SCOTT WALTENBURG (“Waltenburg”); JOHN E. MILLER AND MARGUERITE ANNE MILLER, AS TRUSTEES OF THE MILLER FAMILY 2023 TRUST UNDER DECLARATION OF TRUST DATED MAY 19, 2023 (“Millers”); SUSAN M. MARTERSTECK AS TRUSTEE AND CHRISTOPHER P. MARTERSTECK AS CO- TRUSTEE OF THE SUSAN M. MARTERSTECK REVOCABLE TRUST, DATED JULY 2, 2010 (“MARTERSTECKS”); and MICHAEL DOUGLAS WEINBERG AND PENNY KAPLAN WEINBERG, TRUSTEES OF THE PENNY KAPLAN WEINBERG TRUST UNDER AGREEMENT DATED OCTOBER 26, 1995, and MICHAEL DOUGLAS WEINBERG AND PENNY KAPLAN WEINBERG, TRUSTEES OF THE MICHAEL DOUGLAS WEINBERG TRUST UNDER AGREEMENT DATED OCTOBER 26, 1995 (collectively, “Weinbergs”) (the Village, Waltenburg, Millers, Marterstecks, and Weinbergs are, collectively, the “Parties”). WHEREAS, Waltenburg is the owner of that certain parcel of real property commonly known as 828 Northwoods Court, Deerfield, Illinois (“Lot 1”) and legally described in Exhibit A; and WHEREAS, the Millers are the owners of that certain parcel of real property commonly known as 830 Northwoods Court, Deerfield, Illinois (“Lot 2”) and legally described in Exhibit A; and WHEREAS, the Marterstecks are the owners of that certain parcel of real property commonly known as 832 Northwoods Court, Deerfield, Illinois (“Lot 3”) and legally described in Exhibit A; and WHEREAS, the Weinbergs are the owner of that certain parcel of real property commonly known as 834 Northwoods Court, Deerfield, Illinois (“Lot 4”) and legally described in Exhibit A (Lot 1, Lot 2, Lot 3, and Lot 4 are, collectively, the “Subject Property”); and {00132904.2} 2 WHEREAS, In 1954, the, the Village approved a final plat of subdivision (“Plat”) subdividing the Subject Property into Lot 1, Lot 2, Lot 3, and Lot 4, which Plat was recorded on October 22, 1954 with the Lake County Recorder of Deeds as Document No. 842707; and WHEREAS, included on the Plat is a building line restriction labeled as “BLD Line” (“Building Line”), which prohibits the owners of Lot 1, Lot 2, Lot 3, and Lot 4 from building between the right-of-way named on the Plat “Northwoods Ct.” and the Building Line (“Restrictive Covenant”); and WHEREAS, the Restrictive Covenant was made for the benefit of the owners of the Subject Property and the Village; and WHEREAS, the Restrictive Covenant was recorded prior to the Village’s current Zoning Ordinance, which sets forth minimum setbacks that are applicable to the Subject Property; and WHEREAS, the Restrictive Covenant serves no ongoing purpose; and WHEREAS, Waltenburg, the Millers, Marterstecks, and Weinbergs have requested that the Village release and terminate the Restrictive Covenant; and WHEREAS, the Village has determined that terminating and releasing the Restrictive Covenant is in the best interests of the Village and its residents; and NOW, THEREFORE, in consideration of the recitals and the mutual covenants and agreements set forth in this Termination and Release, and pursuant to the Village’s home rule powers, the Parties hereto agree as follows: 1. Termination and Release. The Restrictive Covenant is hereby released by the Village, terminated, and shall be of no further force or effect, and Lot 1, Lot 2, Lot 3, and Lot 4 are released from all obligations set forth therein. This Termination and Release shall be binding upon and inure to the benefit of the Village and the owners of Lot 1, Lot 2, Lot 3, and Lot 4, and their respective successors, assigns and related entities. 2. Recordation. The Parties agree that the Village is authorized to record this Termination and Release in the Office of the Lake County Recorder. After this Termination and Release has been recorded, Waltenburg, the Millers, Marterstecks, and Weinbergs are authorized to take any other necessary actions to remove the Restrictive Covenants from title to Lot 1, Lot 2, Lot 3, and Lot 4. [SIGNATURE PAGE FOLLOWS]