O-77-08ORDINANCE NO. 0 -77 -8
AN ORDINANCE AUTHORIZING A SPECIAL USE IN THE
B- BUSINESS DISTRICT
(McDonald's Restaurant)
Published in pamphlet form this
-7th day of February , 1977,
by the President and Board of
Trustees of Deerfield.
ORDINANCE NO. 0 -77 -8
AN ORDINANCE AUTHORIZING A SPECIAL USE IN THE
B- BUSINESS,•DISTRICT
(McDonald's Restaurant)
WHEREAS, the Plan Commission of the Village of Deerfield has heretofore
held a public hearing on the application of McDONALD'S CORPORATION for the
approval of the development,of said real estate hereinafter described on
Exhibit A hereto as a Special.Use in the B- Business District, under and
pursuant to the provisions of Sections XIII,D,3; XIII,D,4; XIII,D,5 and
XXIII of the Zoning Ordinance of the Village of Deerfield for the purposes
of the construction of a McDonald's Restaurant; and
WHEREAS, said hearing was held pursuant to duly published notice thereof
and was, in all respects, held according to law; and
WHEREAS, the Plan Commission of the Village of Deerfield, after consi-
dering the evidence adduced, made certain findings of fact, including express
-f- indings of fact of compliance with the provisions of Sections XIII,D,5 and
XXIII,B,3 of the Zoning Ordinance of the Village of Deerfield and recommended
that the Special Use of said real estate in the B- Business District as a
McDonald's Restaurant be approved subject to certain conditions and restric-
tions hereinafter set forth; and
WHEREAS, the President and Board of Trustees of the Village of Deerfield
have determined that, subject to certain conditions hereinafter set forth, the
best interests of the Village will be served by the authorization and granting
of said Special Use in the B- Business District in accordance with a certain
Plan of Development marked Exhibit B and attached hereto and made a part
hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS:
SECTION That the President and Board of Trustees do hereby affirma-
ONE: tively find that the special use, as hereby authorized, fully
complies with the requirements and standards as set forth in
Section XIII,D,5 and Section XXIII,B,3 of the Zoning Ordinance of the Village
of Deerfield, and the special use of the real estate, as and for purposes of
a McDonald's Restaurant in the B- Business District as set forth and described
on the attached Plan of Development, which Plan (Exhibit B) is made a part of
this Ordinance, be and the same is hereby authorized and approved subject to
the conditions hereinafter set forth:
a) That the owners execute a certain Declaration of Restric-
tive Covenants attached hereto as Exhibit C imposing certain
restrictions on the use or disposition of undeveloped portions of
the property described therein in addition to limitations on the
nature of access to the undeveloped area;
b) Conformity by the owner with the Landscaping Plan shown
on exhibit "B ", submitted to the Plan Commission and made a part
of the Plan Commission's recommendations;
c) Maintenance of not less than 108 parking spaces;
d) Maintenance of double -line type striping for all parking
spaces; and
e) Installation and maintenance of a curb cut with entrance
and exit divided by a median barrier.
SECTION That no building or other permits shall be approved or issued
TWO: with respect to the development of or construction on the
real estate hereinabove described except as the applications,
plans and specifications therefor are in full compliance with the terms, con-
ditions and provisions of said Declaration of Restrictive Covenants,' this
Ordinance and all other applicable ordinances of the Village, and no change,
modification or deviation shall be made from the terms, conditions and pro-
visions of this Ordinance and said Declaration of Restrictive Covenants
except upon the express approval of the President and Board of Trustees of
the Village of Deerfield; further, no permits for construction or develop-
ment of the real estate hereinabove described shall be issued unless at the
time of issuance thereof the owners, contract purchasers and developers and
their heirs, successors and assigns have currently complied with all con-
ditions, requirements, obligations and duties imposed upon them under the
terms of this Ordinance and said Declaration of Restrictive Covenants.
SECTION That any violation of the conditions hereinabove set forth
THREE: shall authorize the revocation of the special use hereby
authorized.
SECTION That the Village Clerk is hereby directed to publish this
FOUR: Ordinance in pamphlet form.
SECTION That this Ordinance shall be in full force and effect from
FIVE: and after its passage, approval and publication as provided
by law.
AYES: Blumenthal, Gavin, Marty, Seidman, Stiehr (5)
NAYS: None (0)
ABSENT: Swanson (1)
PASSED this 7th day of February A.D., 1977.
APPROVED this 7th day of February A.D., 1977.
PRESIDENT
ATTEST:
VILLAGE CLERK
I, I 1
EXHIBIT "A" LEGAL DESCRIPTION
That portion of the Southwest Quarter of the
Southeast Quarter of Section 33, Township 43
North, Range 12, East of the 3rd P.M., described
as follows: A parcel of land 300.0 feet wide
lying northerly of a line perpendicular to the
center of Waukegan Road, at a point on said
center line of Waukegan Road 450.0 feet north-
westerly from the intersection of said center
line of Waukegan Road with the south line of
the southwest quarter of the southeast quarter
of Section 33 and extending from said center
line of Waukegan Road to the west line of said
southwest quarter of the southeast quarter of
Section 33, the northerly boundary of said
parcel of land being 300.0 feet northwesterly
and parallel to its southerly boundary (except
the west 150.0 feet measured at right angles
to the west line of the southwest quarter of
the southeast quarter of said Section 33, and
except the northeasterly 50 feet thereof, taken
for Waukegan Road),.in Lake County, Illinois.
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Ms. Barbara Rafino
City Planner
Village of Deerfield
850 Waukegan Road
Deerfield, Illinois 60015
' McDonald's Corporation
1100 W. 22nd Street
January 10, 1977
Re: McDonald's
Deerfield, Illinois
Oak Brook, Illinois 60521
312 1654-4590
Dear Ms. Rafino:
McDonald's hereby warrants that the elevation lines,
as shown on the landscaped development plan dated November
12, 1976, shall reach a height of not less than five feet.
This is also true of the plot plan which is shown as
Exhibit "B" of the ordinance authorizing a special use in
the B- Business District. It is also under.stood that the
number and location of signs as shown on said plot plan
does not necessarily represent those that will.be permitted.
Yours truly,
McDON ,ALD'S CORPORATION
chard R. Karns
Real Estate Manager
Chicago Region
RRK /llc
Enc.
1, , d q1.,._ . y Y11D11C In anQ for Lne county anti state
aforesaid, DO HEREBY CERTIFY that _
and 4ssistant Secretary, of
a
corporation, who are personally kn,. :n to me to be the same persons whose
names are subscribed to the foregoing instrument as such
Vice President: and Assistant Secretary, respect-
ively, appeared before me this day in person and acknowledged that they signed,
sealed and delivered the said instrumen`, as their free and voluntary act and as
such and Assistant Secretary, respectively, and as the free
and voluntary act of said corporation for the uses and purposes therein set forth.
Given under my hand and notarial seal, this day of , 19
(ACKNOWLEDGMENT - INDIVIDUAL)
STATE OF
COUNTY of ,��,� r SS:
aforesaid, DO HERE13Y CERTIF
of )2zc.
Notary Public
a Notary Public in and for the county and state
.that ' L %
`� k� �, t.� .L I`�CL -vrvL and
who (i s)
(ase) personally known to me to be the same persoxi(,s4 whose name(-s -) (is) (a -r -e-)
subscribed to the foregoing instrument appeared before me this day in person and
acknowledged that (he) (trey) signed, sealed and delivered the same instrument as
(hvl ) (threir) free and voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal, this day of 19i2 .
Notary Public
STATE OF
COUNTY of
(ACKNOWLEDGMENT - CORPORATE) "
SS:
I, , a Notary Public in and for the county and state
aforesaid, DO HEREBY CERTIFY that , Vice President,
and Assistant Secretary of
an corporation, who are personally
known to me to be the persons whose names are subscribed to the foregoing in-
strument such Vice President and Assistant Secretary,
respectively, appeared before me this day in person and acknowledged that they
signed, sealed an delivered the said instru.n:ent as their free and voluntary act
and a; such Vice President arc .AssistanL Secretary, re-
spectively, a.nd as the free and voluntary act of said corn - oration for the uses an
purposes therein set forth.
Giver, under r y hand and r_otar:al seal, t':,is _ day of �� w:_y - -, 19`_
-- ��-- ��Notary Public
DECLARATION OF RESTRICTIVE COVENANTS `
WHEREAS, McDONALD'S CORPORATION ( "McDonald's ") is the owner of the real
estate legally described on Exhibit A attached hereto.and made a part hereof
(the "Property "); and
WHEREAS, McDonald's desires to develop a portion of the Property as a
McDonald's Restaurant in accordance with a certain Plan of Development sub-
mitted to the Deerfield Plan Commission and the Board of Trustees of the
Village of Deerfield, a copy of which Plan is attached as Exhibit B; and
WHEREAS, the Deerfield Plan Commission has recommended that said
development of a portion of the Property be approved subject to certain
covenants and restrictions herein set forth, and McDonald's is agreeable
thereto.
NOW, THEREFORE, the undersigned, McDonald's Corporation, a Delaware
corporation, for itself, its successors, assigns, and grantees does hereby
covenant with the Village of Deerfield, Illinois, a municipal corporation,
that the use of the above described real estate shall be restricted in the
following manner:
1. A portion of the Property shall be developed in accordance with
the Plan of Development previously submitted by McDonald's to the Deerfield
Plan Commission and approved by said Commission and Board of Trustees as
shown on attached Exhibit B.
2. McDonald's agrees that it shall not sell, lease or dispose of the
undeveloped portion of the Property as depicted on Exhibit B, or use said
undeveloped portion of the Property for any purpose other than additional
parking for the restaurant use on the developed portion for a period of two
years beginning with the date of issuance of the Certificate of Occupancy for
the McDonald's.Restaurant'.
3. Upon any sale, lease or other disposition of the undeveloped por-
tion of the Property, McDonald's shall provide an easement of access to the
property so sold, leased or disposed of across the portion of the Property
devoted to the restaurant use and the sole access to the property so sold,
leased or disposed of shall be over and across said easement and the Mc-
Donald's Restaurant curb cut out onto Waukegan Road.
4. These covenants of the undersigned shall run with the land and
shall be binding upon the undersigned, its successors, assigns, and grantees,
and all parties claiming by, through, or over it and shall be construed as
real covenants running with the land. These covenants shall run to the
benefit of the Village of Deerfield, Illinois, a municipal corporation,
which may enforce the terms by appropriate form of.action at law or in
equity in any Court of competent jurisdiction. Said covenants may only be
released, amended, or valid by action of .the Board of Trustees of the Village
of Deerfield, Illinois.
ATTEST:
-
MCDONALD'S ORATION
it
By lie .�a,7...
i
STATE OF Illinois
) SS
COUNTY OF Du P a g e )
I, Jeannine Wiggett , a Notary Public in and
for the . County and State aforesaid, DO HEREBY CERTIFY that Luigi S al V ane s ch i
and Seymour Greenman ,
and of the McDonald's Corporation, an
Delaware corporation, respectively, personally known to me to be
the same persons whose names are subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that.as
such Vice Pres . and ASS It Secretary of said corporation, they
signed, sealed and delivered the foregoing instrument as their own free
and voluntary act and as the free and voluntary act of said.corporation,
for the uses and purposes therein set forth.
Given under my hand and seal this 1 lth day of February ,
1971
Notary Public ;J f
(� Mr Commission Expires Februmr 18,Igo.
My Commission Expires:
EXHIBIT C
STATE OF ILLINOIS )
COUNTIES OF LAKE,AND COOK) SS
VILLAGE OF DEERFIELD )
The undersigned hereby certifies that she is the duly
elected and acting Village Clerk of the Village of Deerfield,
Lake and Cook Counties, Illinois, and that the foregoing is
a true and correct copy of an ordinance entitled "AN ORDINANCE
AUTHORIZING A SPECIAL USE ON THE B- BUSINESS DISTRICT (McDonald's
Restaurant), passed by the President and Board of.Trustees of
the said Village at a regular meeting thereof.on the 7th day
of February, 1977, all as appears on the records and files of
my office.
Dated this 11th day of February, 1977.
- -6 -02- «.
Catherine B. Price
Village Clerk
SEAL