R-77-04RESOLUTION R-77-4
RESOLUTION APPROVING AMENDMENT TO ANNEXATION AGREEMENT
BETWEEN THE VILLAGE OF DEERFIELD AND AMERICAN NATIONAL BANK AND TRUST COMPANY
AS TRUSTEE UNDER TRUST NO. 33495, AMERICAN NATIONAL BANK AND TRUST COMPANY
AS TRUSTEE UNDER TRUST NO. 90763, NATIONAL BOULEVARD BANK AS TRUSTEE
UNDER TRUST NO. 5592, AND FIRST NATIONAL BANK OF LAKE. - FOREST AS TRUSTEE UNDER TRUST
NO. 4622
WHEREAS, American National Bank and Trust Company, as Trustee under Trust
No. 33495, American National Bank and Trust Company as Trustee under Trust No.
90763, National Boulevard Bank as Trustee under Trust No. 5592 and First
National Bank of Lake Forest as Trustee under Trust No. 4622 are the current
owners of record of certain real estate, the legal description of which is
set forth in the attached Amendment to Annexation Agreement; and
WHEREAS, the Village of Deerfield and said owners and /or the predecessors
in title to said owners had previously entered into an Annexation Agreement
dated as of September 3, 1974 covering the same real estate; and
WHEREAS, pursuant to the provisions of Section.11- 15 -1.1, et.seq., of the
Illinois Municipal Code, said owners submitted to the corporate authorities of
the Village of Deerfield a proposed Amendment to Annexation Agreement with
respect to their real estate, a copy of which Agreement is attached hereto
and made a part hereof; and
WHEREAS, pursuant to notice as required by statute and ordinance, a
public hearing was held by the Plan Commission of the Village with respect
to the request of said owners to approve an amendment to Ordinance 74 -59
granting a Special Use - Planned Business Development so as to permit the
development of real estate in the manner proposed in the attached Amendment
to Annexation Agreement, and written findings fact and recommendations with
respect thereto were made by said Plan Commission and submitted to the cor-
porate authorities; and
WHEREAS, pursuant to notice as required by statute and.ordinance a
public hearing was held by the corporate authorities of the Village with
respect to the terms and conditions of said Amendment to Annexation Agreement;
and
WHEREAS, the corporate authorities, after due and careful consideration,
have concluded that the development of the subject property pursuant to the
terms and conditions set forth in said attached Amendment to Annexation Agree-
ment would further the growth of the Village, enable the Village to control
the development of said property and subserve the best interests of the Village,
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS:
SECTION That the Amendment to Annexation Agreement between the Village
ONE: of Deerfield and American National Bank and Trust Company as
Trustee under Trust No. 33495, American National Bank and
4
Trust Company as Trustee under Trust No. 90763, National Boulevard Bank as
Trustee under Trust No. 5592 and First National Bank of Lake Forest as
Trustee under Trust No. 4622, a copy of which is attached hereto and made
a part hereof, be and the same is hereby approved.
SECTION That the President and Clerk of the Village of Deerfield
TWO: are hereby authorized and directed to execute said Agree-
ment.
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.
VILLAGE PRESIDENT
ATTEST:
VILLAGE CLERK
AMENDMENT TO ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this f day of''� ,
A..D:., 1977, by•and- between- the, VILLAGE OF DEERFIELD, ILLINOIS (sometimes for
convenience hereinafter referred to as "Village "), by and through the President
Development by duly enacted ordinance as called for in said Annexation Agree-
ment; and
and Board of Trustees of the Village of Deerfield (sometimes for convenience
hereinafter collectively referred to as' the "Corporate. Authorities ") , and
AMERICAN NATIONAL BANK AND TRUST COMPANY AS TRUSTEE UNDER'TRUST NO. 33495,
AMERICAN NATIONAL BANK AND TRUST COMPANY AS TRUSTEE UNDER TRUST NO. 90763,
NATIONAL BOULEVARD BANK AS TRUSTEE UNDER TRUST NO. 5592, and FIRST NATIONAL -�
RIDER ATTACHED TO AND MADE A PART OF DOCUMENT .DATED
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UNDER TRUST NO. $ $ 9
This instrument is executed'by NATIONAL BOULEVARD BANK OF CHICAGO, not personally but
solely as Trustee, as aforesaid, in the exercise of the power and authority conferred
upon and vested in it as such Trustee. A-11 the terms, provisions, stipulations,
covenants• and. conditions• to be• performed• by- NATIONAL BOULEVARD BANK OF CHICAGO are
undertaken by it solely as Trustee, as aforesaid, and not individually and all state-
ments herein made are made on information and belief and 'are to be construed accord -
ingly, and no personal liability shall be asserted or be enforceable against NATIONAL
BOULEVARD BANK OF CHICAGO by reason of any of the terms, provisions, stipulations,
J
covenants and /or statements contained in this instrument.
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(which real estate, for convenience, may hereinafter be referred to in its H
"Subject ");
entirety as the Property and
WHEREAS, the predecessors in title to the Owners have previously entered
y
into an Annexation Agreement with the Village of Deerfield dated as of Sep -
tember 3 ,1974, and the Village of Deerfield has annexed the Subject Property
by duly enacted ordinance and has granted the Special Use - Planned Business
Development by duly enacted ordinance as called for in said Annexation Agree-
ment; and
WHEREAS, the Owners desire and propose to amend development plans for
the Subject Property 'to modify the respective sizes of certain buildings
depicted on the original plan of development in accordance with and pursuant
to a certain revised plan of development, a copy of which revised plan of
development, dated 9/24/76 , and marked.Exhibit "B" is attached hereto
and made a part hereof; and
WHEREAS, the Corporate Authorities, after due and careful consideration,
have concluded that the proposed revisions of the Annexation Agreement on the
terms and conditions hereinafter set forth would further the growth of the
Village, enable the Village to control the development of' the area and sub-
serve the best interests of the Village; and
WHEREAS, pursuant to notice as required by statute and ordinance, a
public hearing was held by the Plan Commission of the Village of the re- .
quested approval and granting of a revised Special Use - Planned Business
Development and recommendations made by said Commission were submitted to
the Corporate Authorities; and
WHEREAS, pursuant to the provisions of Section 11- 15 -1.1, et seq. of
the Illinois.Municipal Code (Chapter 24, Illinois Revised Statutes, 1975),
a proposed Amendment to Annexation Agreement in substance and in form the
same as this Agreement was submitted to the Corporate Authorities and a
public hearing was held thereon pursuant to notice as provided by statute.
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and agreements contained, IT IS HEREBY AGREED AS FOLLOWS:
1. This Agreement is made pursuant to and in accordance with the
provisions of Section 11- 15 -1.1, et seq. of the Illinois Municipal Code
(Chapter 24, Illinois Revised Statutes, 1975, as amended).
2. Following approval of a.. Resolution authorizing the execution of
the Amendment to Annexation Agreement, the Corporate Authorities shall adopt
an ordinance authorizing and granting a revised Special Use - Planned Business
Development with.respect to the Subject Property, which ordinance shall be in
substance and in form the same as that attached hereto as Exhibit "C" and
made a part hereof.
3. ..Except to the extent specifically amended hereby, all terms and
provisions of the Annexation Agreement between the Owners and the Village
of Deerfield dated as of September 3, 1.974 shall remain in full force and
effect.
4. This Amendment to Annexation Agreement shall be binding upon the
parties hereto, their respective successors and assigns for the full term
of the Annexation Agreement dated as of September 3, 1974, and for such
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further term as may hereafter be authorized by law..
IN WITNESS WHEREOF, the Corporate Authorities and Owners have hereunto
set their hands and seals and have caused this instrument to be executed by
f . . , 11-
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their duly authorized officials and the corporate seal affixed hereto, all
on the day and year first above written.
VILLAGE OF DEERFIELD
BYV��
h q"r.-q rp
Ibis Instrument is uxecuted by AMERICAN NATIONAL BANK AND TRUST COMPAN)
OF CHICA,':O, not per-'orially but so!sIy as: T%jsf-% as zf"N-;d. . 1,11 the covenants
and conditions to t e rrl4or?-nrd by IIANK AND
TRUST OF zro T::.:,' cc, es rfor6spid
and nut indiv;d.;.);,y, z:i;d ro
or be cr.fcrcL,,,bIe
against A-LRIGAN 01c CX!CACO by reason of
any of the rapr03,•`afl0nS cr wzrrantin contained in thli
Instniment.
ATTEST:
AMERICAN NATIONAL BANK AND TRUST COMPANY.
AS TRUSTEE UNDER T TRUST 3349
BY oil
llli/ ✓
VICE PrLS . IDENT
AS ISTMff SECRETARY
This Instrument Is unculted by A41ERIC,7-1 NATMN.0- TNj T PAN)' AMERICAN NATIONAL BANK AND TRUST COMPANY
1*.D p S Cori
OF CHICAGO, not perstnailO.- h; * --Olsl hil I'e cov�'
y
1, AS TRUSTEE UNDER TRUST N�- ./,0763
and condilft:ts t•) be
TR-US-I -A
8"NI 1-L:
BY
ATTEST:
ASS4T;,NT SECRETARY
NATIONAL BOULEVARD BANK AS TRUSTEE UNDER
TRUST NO. 5592 cmd not personally
f I Iff ff"I a
V I V I
YICE f
'live
BY
ASS'' VICE PRESIPLAK
ATTEST:
%I,e
ASST. TRUST OFFICER
FIRST NATIONAL BANK OF LAKE FOREST AS
TRUSTEE UNDE TRUST NO. 4.622
BY
ATTEST:
I.RUST OPFIGER
C'I
It is expressly understood and agreed by and between the parties
hereto, anything herein to the contrary notwithstanding, that each and
all of the representations, covenants, undertakings and agreements
herein.made on the part of the Trustee while in form purporting to be
the representations, covenants, undertakings and agreements of said
Trustee are nevertheless each and every one of them, made and intended
not as peraonril representations, covenants, undertakings and agreements
by the Trustee or for the purpose or with the intention of binding said
Trustee personally but are made and intended for the purpose of binding
only that portion of the trust property specifically described herein,
and this instrument is executed and delivered by said Trustee not in its
own right, but solely in the exercise of the powers conferred upon It as
such Trustee; and that no personal liability or personal responsibility
is assumed by nor shall at any time be asserted or enforcible against the
First�,National Bank of Lake Forest or any of the beneficiaries under said
Trust 'Agreement, on account of this instrument or on account of any
representation, covenant, undertaking or agreement of the said Trustee,
whether or not In this Instrument contained, either expressed or implied,
all such personal liability, if any, being expressly waived and released.
Attest:
The First National Bank of Lake Forest, as Trustee
under Agreement dated I i , and known as
Trust No. '-'C_ and not'personally or Individually.
Vice President
Trust Officer
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EKHIBIT "A" LEGAL DESCRIPTION.
Lot 1 (except that part taken for Lake -Cook
Road as per Doc. No. 10627383); all Lots 2,
3,4,5,.6,7, and 8 and that part.of Lot 9
bounded and described as follows: Commencing
at the southwest corner of said Lot 9;, thence
North 89 degrees, 56 minutes, 31 seconds
East along the South line of said Lot 9,
a distance of 66.28 feet to the point of
beginning for said parcel; thence North 89
degrees, 56 minutes, 31 seconds East along
the South line of said Lot 9, a distance of
309.82 feet to the Southeast corner of said
Lot 9; thence North 25 degrees, 15 minutes,
54 seconds West along the East line of said
Lot 9, a distance of 158.00 feet; thence
South 89 degrees, 56 minutes, 31 seconds
West a distance of 133.10 feet; thence south
37 degrees, 23 minutes, 50 seconds West, a
distance of 180.15 feet to the point of
beginning, all being in Downey's Cook County
Country Home Addition to Deerfield, a sub-
division of part of the North half of
Section 4, Township 42 North, Range 12,
East of the Third Principal Meridian, accor-
ding to the plat thereof recorded July 27,
1914, as document 5464976; also all of that
part of Florence Avenue, as laid out in said
subdivision aforesaid, which lies South of
and adjoining that part taken for Lake -
Cook Road as per document 10627383, in
Cook County, Illinois.
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' ORDINANCE NO. 0 -77- .
AN ORDINANCE AUTHORIZING AN AMENDMENT TO
ORDINANCE.74 -5.9 AUTHORIZING A SPECIAL USE-
' PLANNED BUSINESS DEVELOPMENT
WHEREAS, the Plan Commission of the Village of Deerfield has heretofore
held a public hearing on the application of SALVATORE C. BUCCOLA for approval
Of an amendment to Ordinance 74 -59 authorizing a Special Use Planned Business
Development for the premises legally described in Exhibit A attached hereto
and made a part hereof under and pursuant to the provisions of Sections XIII,
D,3; XIII,D,4; XIII,D,5 and XXIII of the Zoning•Ordi,nance of the Village of
Deerfield; 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 written findings of fact and recommended
that the amendment to Ordinance 74 -59 as proposed be approved and authorized
subject to certain conditions and restrictions hereinafter set forth; and
WHEREAS, the President and Board of Trustees of the Village of Deerfield
have determined that the best interests of the Village will be served by the
approval of the amendment to Ordinance 74 -59 in accordance with a certain
Plan of Development dated , 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 affir-
ONE: matively find that the amendment to the Special Use from
the terms and provisions of.the Special Use previously
granted, fully complies with the requirements and standards 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 Planned Business Development as set forth on Exhibit B, be
and the same is hereby authorized and approved subject to the conditions
hereinafter set forth.
SECTION That the approval and authorization of said Special Use
TWO: hereby granted is subject to the following conditions:
A) That all use, construction and development shall be in
accordance with a certain Site Plan dated , a copy
of which, marked Exhibit B, is attached hereto and made a part hereof,
the terms of this Ordinance, and all representations made by the
applicants to the Plan Commission and President and Board of Trustees.
B) That to the extent Ordinance 74 -59 is not amended by Ex-
hibit B or the Amendment to Annexation Agreement, all provisions
thereof shall remain in full force and effect-
SECTION That any violation of the conditions hereinabove set
THREE: forth shall authorize the revocation of the special use
hereby "authorized.
SECTION That the Village Clerk is hereby directed to publish
FOUR: this Ordinance in pamphlet form.
SECTION That this Ordinance shall be in full force and effect
FIVE: from and after its passage, approval and publication as
provided by law. -
AYES:
NAYS:
ABSENT:
PASSED this day of A.D., 1977.
APPROVED this day of A.D., 1977.
ATTEST:
VILLAGE CLERK
VILLAGE PRESIDENT
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 the Resolution entitled "RESOLUTION
APPROVING AMENDMENT TO ANNEXATION AGREEMENT BETWEEN THE VILLAGE
OF DEERFIELD AND AMERICAN NATIONAL BANK AND TRUST COMPANY AS
TRUSTEE UNDER TRUST NO. 33495, AMERICAN NATIONAL BANK AND TRUST
COMPANY AS TRUSTEE UNDER TRUST NO. 90763, NATIONAL BOULEVARD
BANK AS TRUSTEE UNDER TRUST NO. 5592, AND FIRST NATIONAL BANK
OF LAKE FOREST AS TRUSTEE UNDER TRUST NO. 4622 ", 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 the 9th day of February, 1977.
Catherine B. Price
Village Clerk
SEAL
RESOLUTION R -77- �=A
WHEREAS, it is the wish of the Mayor and Board of Trustees
of the Village of .Deerfield to pay public tribute to the personnel of the
PUBLIC WORKS DEPARTMENT of the Village; and
WHEREAS, the residents and officials of the Village have
always received excellent service from the Public Works Department;
and
WHEREAS, this winter to.date has been the most severe in
recorded history, which has caused problems of greater magnitude
than at any previous time; and
WHEREAS, the Public Works personnel worked many long
hours iri the bitter cold weather to restore water service to our
residents, working in the most adverse conditions possible:
NOW, THEREFORE, BE IT RESOLVED by the Mayor and
Board of Trustees of the Village of Deerfield that the entire Public
Works Department be publicly commended for the excellent work per-
formed during this period.
DATED: This 21st Day of February, 1977. f.
SEAL
n
PRESIDENT BERNARD FORREST