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O-79-79t ORDINANCE NO. 0 -79 -79 AN ORDINANCE AUTHORIZING A SPECIAL USE TO PERMIT REQUIRED PARKING ON A LOT OTHER THAN THE ZONING LOT OCCUPIED BY THE PRINCIPAL USE Published in pamphlet form this 3rd day of December , 1979, by the President and Board of Trustees of Deerfield. ORDINANCE NO. 0 -79 -79 AN ORDINANCE AUTHORIZING A SPECIAL USE TO PERMIT REQUIRED PARKING ON A LOT OTHER THAN THE ZONING LOT OCCUPIED BY THE PRINCIPAL USE WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public hearing on the application of GILBERT RAYNER ASSOCIATES (herein referred to as "Applicant ") for approval of a Special Use to permit required parking on a lot other than the zoning lot occupied by the principal use for the premises legally described in Exhibit A attached hereto and made a part hereof under and pursuant to the provisions of Articles 8.2 -1, 13.4 -2(2) and 13.11 of the Zoning Ordinance 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 considering the evidence adduced, made written findings of fact and recommended that the Special Use as proposed be approved and authorized subject to certain condi- tions 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 Special Use in accordance with the testimony and documentary evidence presented by Applicant to the Corporate Authorities. 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 affirmatively ONE: find that the Special Use as proposed by Applicant fully complies with the requirements and standards set forth in Article 13.11 -6 of the Zoning Ordinance of the Village of Deerfield and the Special Use of the real estate, as and for purposes of required parking on a lot other than the zoning lot occupied by the principal use as proposed by Applicant, 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 hereby TWO: granted is subject to recordation of the Declaration of Restric- tive Covenants in the form attached hereto as Exhibit B in the office of the Recorder of Deeds of Lake County, Illinois. SECTION That any violation of the condition hereinabove set forth or the THREE: conditions set forth in the Declaration of Restrictive Covenants shall authorize the revocation of the Special Use hereby authorized. SECTION That the Village Clerk is hereby directed to publish this Ordi- FOUR: nance in pamphlet form. SECTION That this Ordinance shall be in full force and effect from and FIVE: after its passage, approval and publication, as provided by law. AYES: Gavin, Heisler, .. Marty, Seidman, Swanson,,York (6) NAYS: None (0) ABSENT: None (0) PASSED this 3rd day of December A.D., 1979. APPROVED this3rd day of December A.D., 1979. ATTEST: VILLAGE CLERK Dep y It VILMAGE PREMENT Feb Tem EXHIBIT A PARCEL 1. LOT 2 IN MEIER "S RESUBDIVISON, BEING A RESUBDIVISION OF LOT 1 IN W.W. CLARK'S SUBDIVISION IN SECTION 33, TOWNSHIP 43 N, RANGE 12, EAST OF THE 3RD PRIME MERIDIAN IN LAKE COUNTY, ILLINOIS. PARCEL 2 LOT 1 IN LYNN'S %JHITTIER AVENUE SUBDIVISION, BEING A SUBDIVISION IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE 3RD P.M., ACCORDING TO THE PLAT THEREOF, RECORDED AUGUST 13, 1953, AS DOCUMENT 799408,IN BOOK 1193 OF RECORDS, PAGE 413, IN LAKE COUNTY, ILLINOIS. December 5, 1979 Mr. Frank Nustra Recorder of Deeds of Lake County Bounty Building Waukegan, Illinois 60085 Dear Sir: Re: Royale Properties Covenant Enclosed is Declaration of Restrictive Covenants for recording. Will you please send bill for the recording fee to the Village Clerk of Deerfield. Very truly yours, Naomi S. Clampitt Deputy Village Clert 8 01 4 DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, Royale Properties, an Illinois partnership, is the owner of real estate legally described as Parcel 1 and Parcel 2 on Exhibit A hereto and made a part hereof; and WHEREAS, Royale Properties has presented a proposed plan of development to the Plan Commission of the Village of Deerfield and the Corporate Authorities of the Village of Deerfield depicting the location of four parking spaces on Parcel 2 required by the Zoning Ordinance of the Village of Deerfield to satisfy the parking require- ments of Parcel l; and WHEREAS, the Plan Commission of the Village of Deerfield has recommended as a condition of approval of said proposed plan of development and the issuance of a Special Use Permit pursuant to an ordinance granting a Special Use that provision be made for said four parking spaces on Parcel 2 and for the care and maintenance of said parking spaces; and WHEREAS, Royale Properties parking spaces on Parcel 2 and future care and maintenance of tion of approval of both the p Permit. is agreeable to provide said four is also willing to provide for the the above - described area as a condi- tan of development and the Special Use i� NOW, THEREFORE, the undersigned, Royale Properties, for itself, its successors, assigns and grantees, does hereby covenant with the Village of Deerfield, Illinois, as follows: 1. That portion of Parcel 2 depicted in the plan of develop- ment presented to the Plan Commission and the Corporate Authorities of the Village of Deerfield shall be improved with four parking._. 3 spaces which shall be maintained and cared for by the undersigned at its sole cost and expense. 2. In the event that the four parking spaces on Parcel 2 are .removed or the care and maintenance duties described in Section l hereof are not complied with, the undersigned hereby grants the Village of Deerfield, a municipal corporation, a perpetual easement to go upon said area and perform whatever maintenance work may be required from time to time to re- establish said parking spaces and to maintain said property in conformity with the ordinances of the Village of Deerfield and, thereafter, to assess the owners the cost thereof and upon failure of said owners to pay said amounts, to impose a lien on said properties not to be released until the cost thereof shall be satisfied in full. 3. 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 a real covenant running with the land. This covenant shall run to the benefit of the Village of Deerfield, a municipal corporation, which may enforce the terms by appropriate form of action at law or in equity, in any court of competent juris- diction. Said covenants may only be released, amended or invali- dated by action of the Board of Trustees of the Village of Deerfield, Illinois, and shall be placed of record at the undersigned's cost at the office of the Recorder of Deeds, Lake County, Illinois. ROYALE PROPERTIES r er 203901, STATE OF ILLINOIS ) COUNTY OF ) SS. 203-80 it RECORDER LAKE COUNTY. ILLINOIS 1919 DEC -7 At ID 52 I, MARJORIE L. EMERY , a Notary Public in and for said County and State aforesaid, do hereby certify that a General Partner., y who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, as such General Partner appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act and as the act of said Partnership for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this 3rd day of , A.D., 1979 DEERFIELD, ILLINOIS 850 WAUKEGAN ROAD * DEERFIELD, ILLINOIS 60015 1982 Notary Public EXHIBIT B r DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, Royale Properties, an Illinois partnership, is the owner of real estate legally described as Parcel 1 and Parcel 2 on Exhibit A hereto and made a part hereof; and WHEREAS, Royale Properties has presented a proposed plan of development to the Plan Commission of the Village of Deerfield and the Corporate Authorities of, the Village of Deerfield depicting the location of four parking spaces on Parcel 2 required by the.Zoning Ordinance of the. Village of Deerfield to satisfy the parking require- ments of Parcel 1; and WHEREAS, the Plan Commission of the Village of Deerfield has recommended as a condition of approval of said proposed plan of development and the issuance of a Special Use Permit pursuant to an t r ordinance granting a Special Use that provision be made for said four parking spaces on Parcel 2 and for the care and maintenance of said parking spaces; and WHEREAS, Royale Properties is agreeable to provide said four parking spaces on Parcel 2 and is also willing-to provide for the future care and maintenance of the above - described area as a condi- tion of approval of both the plan of development and the Special Use lt Permit. NOW, THEREFORE, the undersigned, Royale Properties, for itself, its successors, assigns and grantees, does hereby covenant with the Village of Deerfield, Illinois, as follows: 1. That portion of Parcel 2 depicted in the plan of develop- ment presented to the Plan Commission and the Corporate Authorities .of the Village of Deerfield shall be improved with four parking �' v u spaces which shall be maintained and cared for by the undersigned at its sole cost and expense. 2. In the event that the four parking spaces on Parcel 2 are removed or the care and maintenance duties described in Section 1 hereof are not complied with, the undersigned hereby grants the Village of Deerfield, a municipal corporation, a perpetual easement to go upon said area and perform whatever maintenance work may be required from time to time to re- establish said parking spaces and to maintain said property in conformity with the ordinances of the Village of Deerfield and, thereafter, to assess the owners the cost .J rt, thereof and upon failure of said owners to pay said amounts, to impose a lien on said properties not to be released until the cost . thereof shall be satisfied in full. 3. 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 a real covenant running with the land. This covenant shall run to the benefit of the Village of Deerfield, a municipal corporation, which may enforce the terms by appropriate form of action at law or in equity, in any court of competent juris- diction. Said covenants may only be released, amended or invali- dated by action of the Board of Trustees.of the Village of.Deerfie?ad, Illinois, and shall be placed of record at the undersigned's cost at the office of the Recorder of Deeds, Lake County, Illinois. ROYALE PROPERTIES . B A nerd Partner j I STATE OF ILLINOIS ) SS. COUNTY OF ) I, MARJORIE L. EMERY , a Notary Public in and for said County and State aforesaid, do hereby certify that a General Partner, who is personally Known to me to be the same person whose name is subscribed to the foregoing instrument, as such General Partner appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act and as the act of said Partnership for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this 3rd day of /December , A.D. , 19 7q t. Notary Public My Commission Expires: May 28, 1982