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O-79-32ORDINANCE NO. 0 -79 =32 AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE VILLAGE OF DEERFIELD LAKE COUNTY, ILLINOIS WHEREAS, the Village of Deerfield, hereinafter known as the Village, and the State of Illinois, acting by and through its Department of Transportation, Division of Highways, have entered into an.agreement relative to the improvement of Illinois Route 43 (Waukegan Road) (F.A.U. Route 2706, State Section AY -RS -78 & (AY &BY)WRS -78, Village Section 79- 00052- 00 -WR) from 800 lineal feet north of Lake -Cook Road to 1,400 lineal feet south of Illinois Route 22; and, WHEREAS, in order to facilitate said improvement it is necessary for the Village to adopt an ordinance regulating encroachments on the right of way for said improvement in accordance with the following definitions: Roadway Right of Way is defined as those areas existing or acquired by dedication or by fee simple for highway purposes; also, the areas ac- quired by temporary easement during the time the easement is in effect; Project Right of Way is defined as those areas within the project right of way lines established jointly by the Village, State, and the Federal Highway Administration which will be free of encroachments except as hereinafter defined; Encroachment is defined as any building, fence, sign or any other struc- ture or object of any kind (with the exception of utilities and public road signs), which is placed, located or maintained in, on, under or over any portion of the project right of way or the roadway right of way where no project right of way line has been established; Permissible Encroachment is defined as any existing awning, marquee, ad- vertising sign or similar overhanging structure supported from a building immediately adjacent to the limits of the platted street where there is a sidewalk extending to the building line and which does not impair the free and safe flow of traffic on the highway; the permissive retention of overhanging signs is not to be construed as being applicable to those signs supported from poles constructed outside the project right of way line and not confined by adjacent buildings; Construction Easement Area is defined as that area lying between the pro- ject right of way limits and the platted street limits within which the Village, by concurrence in the establishment of the project right of way lines, will permit the State to enter to perform all necessary construction operations; and WHEREAS, representatives of the Village, the State, and the Federal Highway Administration have, by visual inspection, cooperatively established project right of way lines and have mutually determined the disposition of encroachments; NOW, THEREFORE, BE IT ORDAINED, by the Village of Deerfield, Lake County, Illinois: Section 1: It shall be unlawful for any person, firm or corporation to erect 'or cause to be erected, to retain or cause to be retained, any ENCROACHMENT (hereinabove defined), except as provided in Section 3, within the limits of the project right of way or roadway right of way where no project right of way lines have been established. Section 2: Project right of way lines have been established at the following locations: (a) Along the east and west side of Waukegan Road, 33 feet to 50 feet from the centerline of the proposed improvement from Lake Cook Road to the north Village limits. Section 3: PERMISSIBLE ENCROACHMENTS: Not applicable. Section 4: This ordinance is intended to and shall be in addition to all other ordinances, rules and regulations concerning encroachments and shall not be construed as repealing or rescinding any other ordinance or part of any ordinance unless in direct conflict therewith. Section 5: Any person, firm or corporation violating this ordinance shall be fined not less than five dollars ($5.00) not more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed for each and every day during which a violation continues or exists. Section 6: This ordinance shall be published paper having a general circulation in the Village of shall be in full force and effect after its passage, provided by law. Village Clerk after its passage in a news - Deerfield, Illinois, and publication and approval as Passed and approved this 21st day of 1979. President Ayes: Gavin, Heisler, Marty, Seidman, Swanson, York (6) Nays: None (0) ORDINANCE NO. 0-79-32 NOW, THEREFORE, BE IT ORDAINED, by AN ORDINANCE REGULATING the Village of Deerfield, lake County, Illi- ENCROACHMENT ON PUBLIC nois: RIGHT OF WAY IN THE VILLAGE Section 1: It shall be unlawful for any per - OF DEERFIELD, LAKE COUNTY, ILLINOIS , son, firm or corporation to erector cause to WHEREAS; the Village of Deerfield, here- inafter known as the Village, and the State of Illinois, acting by and through its Depart- ment of Transportation, Division of High - ways, have entered into an agreement rela- tive to the improvement of Illinois Route.43 (Waukegan Road) (F.A.U. Route 2706, State Section AY -RS -78 & (AY &BY)WRS -78, Vil- 1 age Section 79. 00052.00 -WR) from 800 lineal feet north of take -Cook Road to 1,400 lineal feet south of Illinois Route 22; and, WHEREAS, in order to facilitate -said im- provement it is necessary for the Village to adopt an ordinance regulating encroach - ments�on the right of way for said improve - ment in accordance with.the following def- initions: , ' Roadway Right of Way is defined as those areas existing or acquired by dedication or by fee simply for highway purposes; also the areas acquired by temporary easement during the time easement is in effect, Project Right of Way is defined as those areas within the. project right of way lines established jointly by the Village, State, and the Federal Highway Administration which will be free of encroachments except as hereinafter defined; Encroachment is defined as any building, fence, sign or any other structure or object +of any kind (with the exception of utilities and public road signs), which is placed, lo• cated or maintained in, on, under or over any portion of the project right of way or the roadway.right of way where no project Fight of way line has been established; Permissible Encroachment is defined as any existing awning, marquee, advertising sign or similar overhanging structure supported froma building immediately adjacent to the limits of the platted street where there is a . sidewalk extending to the building line and which does not impair the free and safe flow of traffic on the highway, the permis- sive retention of overhanging signs is not to be construed as being applicable to those signs supported from poles constructed out- side the project rNht of way Iine and not confined by adjacent buildings; Construction Easement Area is defined as! that area lying between the project right of way limits and the platted street limits with- in which the Village, by concurrence in the establishment of ttie project right of way 1 lines, will`permit the State to enter to per- ! form all necessary construction operations; and WHEREAS, representatives of the Village, the State, and the Federal Highway Admin- istration have, by visual inspection, Cooper- atively established project right of way lines and have mutually- determined the disposi- bon of encroachments; be erected, to retain or cause to be retained, any ENCROACHMENT (hereinabove defined), except as provided in Section 3, within the limits of the project right of t;zy or roadway right of way where no project right of way lines have been established. 'Section 2: Project right of way lines have been established at the following locations: (a) Along the east and west side of Wauke- gan Road, 33 feet to 50 feet from the cen- terline of the proposed improvement from Lake Cook Road to the north Village limits. • Section 3: PERMISSIBLE ENCROACH- MENTS: Notapplicable. Section 4: This ordinance is intended to and shall be in addition to all other ordi- nances, rules and regulations concerning encroachments and shall not be construed as repealing or rescinding any other ordi- nance or part of any ordinance unless in di- rect conflict therewith; Section 5: Any person, firm of corporation violating this ordinance, shall be fined not less than five dollars ($5.00) not more than five hundred dollars ($500.00) for each of- fense, and a separate offense shall be deemed committed for each and every day during which a' violation continues or exists. Section 6: This ordinance shall be pub- lished after its passage in a newspaper hav- ing a general circulation in the Village of Deerfield, Illinois, and shall be in full force and effect after its passage, publication and approval as provided by law.: Passed and approved this 21st day of May, 1979. Bernaid forest c President Catherine B. Price Village Clerk Ayes: Gavin, Heisler, Marty, Seidman, Swan - son, York (6) Nays: None (0) Published June 21, 1979 Mail Advertiser Publications I W " Section 1: It shall be unlawful for any person, firm or corporation to erect or cause to be ere ted, to retain or cause to be r tained, any ENCROACHMENT (hereinabove defined), eXcept as provided in Section 3, ithin the limits of the project right of way or roadway right of way where no project right of way lines have been established. Section 2: Project right of way lines have been established at the follow- ing locations: (a) Along the s de of ftreet -, feet from the centerline of the proposed improvement from Z_a4e t0 /V01-4 V //aG �e V (b) - - = - - - - Section 3: Revocable permits have been issued by the DoT for the temporary retention of the following PERMISSIBLE ENCROACHMENTS hereinabove defined): (a) (Description of encroachment, location, and owner) Section 4: This ordinance is intended to and shall be in addition to all other ordinances, rules and regulations concerning encroachments and shall not by construed as repealing or rescinding any other ordinance or part of any ordinance unless in direct conflict therewith. Section 5: Any person, firm or corporation violatingg this ordinance shall be fined not less than '� ( dollars ($ ?-. 0 6 ) nor more than S dollars oo•o� for each offense, and a separate offense shall be deemed committed for each and every day during which a violation continues or exists. Section 6: This ordinance shall be published •dary -s after its passage in a newspaper having a general circulation in the C� u�JLee of yam} , Illinois, and shall be in full force and effect after its 0 passage, p'blication and approval as prov.ided by law. Pa d and approved this ' 21st -day of Ma 19 Mayor Village Clerk Ayes: Gavin, Heisler, Marty, Seidman, Swanson, York (6) Nays: None (0) Exhibit D r - 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 REGULATING ENCROACHMENT ON PUBLIC RIGHT OF WAY IN THE VILLAGE OF DEERFIELD, LAKE COUNTY, ILLINOIS ", passed by the President and Board of Trustees of the said Village at a regular meeting thereof on the 21st day of May, 1979, and now in full force and effect, all as appears on the records and files of my office. Dated this 15th day of June, 1979. SEAL Catherine B. Price Village Clerk