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.
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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.
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