O-81-15ORDINANCE NO. 0 -81 -15
AN ORDINANCE GRANTING VARIATIONS FROM THE
PROVISIONS OF CHAPTER 20 OF THE MUNICIPAL
CODE OF THE VILLAGE OF DEERFIELD
Published in pamphlet form this
16th day of February -9 1981,
by the President and Board of Trustees
of Deerfield.
ORDINANCE NO. 0 -81 -15
AN ORDINANCE GRANTING VARIATIONS FROM THE
PROVISIONS OF CHAPTER 20 OF THE MUNICIPAL
CODE OF THE VILLAGE OF DEERFIELD
WHEREAS, Mr. and Mrs. Garrity (the "Applicants ") have made application to
the Plan Commission of the Village of Deerfield for approval of a Preliminary
Plat of Resubdivision of certain real estate hereinafter described; and
WHEREAS, the Preliminary Plat of Resubdivision required consideration by
the Plan Commission of variations from certain requirements of Chapter 20 of
the.Municipal Code of the Village of Deerfield; and
' WHEREAS, said application, including said variations, was considered at a
public meeting of the Plan Commission which was, in all respects, held accord-
ing to law; and
WHEREAS, the Plan Commission of Deerfield, after considering the evidence
adduced, recommended that said Preliminary Plat of Resubdivision be approved
and that the variations requested be approved subject to certain conditions
and restrictions; and
WHEREAS, in the course of consideration of the recommendations, the Cor-
porate Authorities have determined that certain aspects of the Preliminary
Plat. of Resubdivision will require variations from certain requirements of
Chapter 20 of the Municipal Code of the Village of Deerfield.
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 proposed residential development of the real estate
ONE: legally described on Exhibit "A" attached hereto and as set forth
and described on the attached Preliminary Plat of Resubdivision,
which Preliminary Plat of Resubdivision is made a part of this Ordinance, be
and is hereby approved, subject to the conditions and restrictions hereinafter
set forth.
SECTION (a) That the installation of a fully improved street on Cherry
TWO: Street as required by Chapter 20 of the Municipal Code of the
Village of Deerfield be waived until such time as development of
adjoining two properties to the South of the Applicant's property shall, in
the determination of the Corporate Authorities, require installation of the
fully improved street at which time the Applicants shall bear an equal share
of said street improvement along with each of the owners of said, adjoining
properties.
SECTION That the approval of said Preliminary Plat of Resubdivision is
THREE: subject to the condition that, except as otherwise provided in
this Ordinance, the Applicants shall comply with all requirements
of the Zoning Ordinance and all other applicable ordinances of the Village of
Deerfield and prior to passage hereof shall execute an Indemnity Agreement in
favor of the Village of Deerfield providing for the assumption of certain
liabilities, maintenance and repair responsibilities with respect to Cherry
Street.
SECTION 'That, upon passage and approval of this Ordinance, the Village
FOUR: Clerk shall file for record in the Office of the Recorder of
Deeds of Lake County, Illinois, a certified copy of this Ordi-
nance, together with the Plat hereto attached.
SECTION That this Ordinance shall be in full force and effect from and
FIVE: after its passage and approval as provided by law.
AYES: Gavin, Marty, Seidman, York (4)
NAYS: None (0)
ABSENT: Heisler, Swanson (2).
PASSED this 16th day of February A.D., 1981.
APPROVED thisl6th day of February A.D., 1981.
V � " AGE PRESIDEN
t
ATTEST:
VILLAGE CLERK
EXHIBIT 'A
LOT 1 BEING A SUBDIVISION OF THE SOUTH'10.0 FEET OF LOT "N" '(EXCEPT
THE WEST 250.0 FEET THEREOF) AND LOT " P" (EXCEPT THE WEST 250.0 FEET
THEREOF) IN OWNER'S DIVISION.OF THE WEST ONE QUARTER OF THE NORTH
HALF OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 43 NORTH, RANGE
12 EAST OF THE 3RD PRINCIPAL MERIDIAN; ACCORDING TO THE PLAT THEREOF
`RECORDED MAY 14, 1949, AS DOCUMENT 670101, IN BOOK 31.OF PLATS, PAGE
75 IN LAKE COUNTY, ILLINOIS.
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INDEMNITY AGREEMENT
The undersigned, in consideration of the enactment by the corporate
authorities of the Village of Deerfield of a certain Ordinance approving a
Preliminary Plat of Subdivision with respect to the real property described
in Exhibit A attached hereto, and granting a variation from Chapter 20 of the
Municipal Code of the Village of Deerfield permitting the Subdivision of said
real property without the present necessity of installing a fully- improved
street to serve said property, hereby agree as follows:
i, The undersigned acknowledge that Cherry Street is a dedicated and
unimproved street located within the Village of.Deerfield and that, by virtue
of the aforementioned ordinance, the undersigned shall have the right to use
such unimproved street for access to the real property described in Exhibit A
without strict compliance with the street improvement requirements contained
in the Subdivision Code of the Village of Deerfield.
2. In consideration of the foregoing, the undersigned agree to
indemnify, save and hold harmless the Village of Deerfield, its agents and
employees from any and all liability, claims, costs and expenses accruing to
the Village of Deerfield, its agents and employees as a result of the failure t
of the undersigned to install the street improvements on Cherry Street in the
manner provided by ordinance.
3. The undersigned agree that they shall remain fully and solely
responsible for the maintenance and care of the access provided to the real
property described in Exhibit A in the dedicated portion of Cherry Street in
conformity with standards deemed suitable by the Village of Deerfield and
Village Engineer, and that the undersigned shall rectify forthwith any defects
called to.their attention as to the maintenance and repair responsibilities
established hereby.
4. This Agreement shall remain in full force and effect until the
release thereof by the corporate authorities of the Village of Deerfield or
upon installation of a fully- improved street in conformity with the standards
established by the Subdivision Code of the Village of Deerfield, and shall
be binding upon any and all successors, assigns, tranferees and legal repre-
sentatives of the undersigned.
IN WITNESS WHEREOF, the undersigned have set their respective hands
and seals this /,(,:, day of 1981.
C
C� b
LOT 1 BEING A SUBDIVISION OF THE SOUTH .10.0 FEET OF LOT "N" (EXCEPT
THE WEST 250.0 FEET THEREOF) AND LOT "P" (EXCEPT THE WEST 250.0 FEET
THEREOF) IN OWNER'S DIVISION.OF THE WEST ONE QUARTER OF THE NORTH
HALF OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 43 NORTH, RANGE
12 EAST OF THE 3RD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED,MAY 14, 1949, AS DOCUMENT 670101, IN BOOK 31 OF PLATS, PAGE
75 IN LAKE COUNTY, ILLINOIS.
STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK ) SS
VILLAGE OF DEERFIELD )
The undersigned hereby certifies that she is the duly appointed
Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois,
and that the attached is a true and accurate copy of ORDINANCE NO. 0 -81 -15
.entitled "W ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF CHAPTER 20
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD"
passed by the President and Board of Trustees of the said Village at a regular
meeting thereof held on February 16, 1981 , and now in full force
and effect, all as appears in the records and files of the office of the
Village Clerk.
Dated this February 24, 1981
SEAL
Naomi S. Clampitt
Village Clerk
P
2102619
STATE OF ILLINOIS )
• RECORDER
COUNTIES OF LAKE AND COOK ) SS LAKE COUNTY. ILLINOIS
VILLAGE OF DEERFIELD )
1961 MAR - 2 Pii 12: 4 It
t �
The undersigned hereby certifies that` We' s appointed
Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois,
and that the attached is a true and accurate copy of ORDINANCE NO. 0 -81 -15
entitled "AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF CHAPTER 20
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD"
passed by the President and Board of Trustees of the said Village at a regular
meeting thereof held on February 16, 1981 , and now in full force
and effect, all as appears in the records and files of the office of the
Village Clerk.
February 24, 1981
Naomi S. Clampitt
Village C1'
V
iol
2102619
ORDINANCE NO. 0 -81 -15
AN ORDINANCE GRANTING VARIATIONS FROM THE
PROVISIONS OF CHAPTER 20 OF THE MUNICIPAL
CODE OF THE VILLAGE OF DEERFIELD
WHEREAS, Mr. and Mrs. Garrity (the "Applicants ") have made application to
the Plan Commission of the Village of Deerfield for approval of a Preliminary
Plat of Resubdivision of certain real estate hereinafter described; and
WHEREAS, the Preliminary Plat of Resubdivision required consideration by
the Plan Commission of variations from certain requirements of Chapter 20 of
the Municipal Code of the Village of Deerfield; and
WHEREAS, said application, including said variations, was considered at a
public meeting of the Plan Commission which was, in all respects, held accord-
ing to law; and
WHEREAS, the Plan Commission of Deerfield, after considering the evidence
adduced, recommended that said Preliminary Plat of Resubdivision be approved
and that the variations requested be approved subject to certain conditions
and restrictions; and
WHEREAS, in the course of consideration of the recommendations, the Cor-
porate Authorities have determined that certain aspects of the Preliminary
Plat. of Resubdivision will require variations from certain requirements of
Chapter 20 of the Municipal Code of the Village of Deerfield.
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 proposed residential development of the real estate
ONE: legally described on Exhibit "A" attached hereto and as set forth
and described on the attached Preliminary Plat of Resubdivision,
which Preliminary Plat of Resubdivision is made a part of this Ordinance, be
and is hereby approved, subject to the conditions and restrictions hereinafter
set forth.
SECTION (a) That the installation of a fully improved street on Cherry
TWO: Street as required by Chapter 20 of the Municipal Code of the
Village of Deerfield be waived until such time as development of
adjoining two properties to the South of the Applicant's property shall, in
the determination of the Corporate Authorities, require installation of the
fully improved street at which time the Applicants shall bear an equal share
of said street improvement along with each of the owners of said adjoining
properties.
SECTION That the approval of said Preliminary Plat of Resubdivision is
PP Y
THREE: subject to the condition that, except as otherwise provided in
this Ordinance, the Applicants shall comply with all requirements
of the Zoning Ordinance and all other applicable ordinances of the Village of
Deerfield and prior to passage hereof shall execute an Indemnity Agreement in
.favor of the Village of Deerfield providing for the assumption of certain
liabilities, maintenance and repair responsibilities with respect to Cherry
Street.
SECTION That, upon passage and approval of this Ordinance, the Village
FOUR: Clerk shall file for record in the Office of the Recorder of
Deeds of Lake County, Illinois, a certified copy of this Ordi-
nance, together with the Plat hereto attached.
SECTION That this Ordinance shall be in full force and effect from and
FIVE:, after its passage and approval as provided by law.
AYES: Gavin, Marty, Seidman, York (4)
NAYS: None (0)
ABSENT: Heisler, Swanson (2).
PASSED this 16th day of February A.D., 1981.
APPROVED thisl6th day of February A.D., 1981.
VILLAGE-PRESIDENT-
ATTEST:
VILLAGE CLERK
210261
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EXHIBIT A
LOT 1 BEING A SUBDIVISION OF THE SOUTH`10.0 FEET OF LOT "N" (EXCEPT -
THE WEST 250.0 FEET THEREOF) AND LOT " P" (EXCEPT THE WEST 250.0 FEET
THEREOF) IN OWNER'S DIVISION OF THE WEST ONE QUARTER OF THE NORTH
HALF OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 43 NORTH, RANGE
12 EAST OF THE 3RD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
"'RECORDED MAY 14, 1949, AS,DOCUMENT 670101, IN BOOK 31.OF PLATS, PAGE
75 IN LAKE COUNTY, ILLINOIS.
_ :_ 21p2619
INDEMNITY AGREEMENT
The undersigned, in consideration of the enactment by the corporate
authorities of the Village of Deerfield of a certain Ordinance approving a .
Preliminary Plat of Subdivision with respect to the real property described
in Exhibit.A attached hereto, and granting a variation from Chapter 20 of the
Municipal Code of the Village of Deerfield permitting the Subdivision of said
real property without the present necessity of installing a fully - improved
street to serve said property, hereby agree as follows:
1. The undersigned acknowledge that Cherry Street is a dedicated and
unimproved street located within the Village of.Deerfield and that, by virtue
of the aforementioned ordinance, the undersigned shall have the right to use
such unimproved street for access to the real property described in Exhibit A
without strict compliance with the street improvement requirements contained
in the Subdivision Code of the Village of Deerfield.
2. In consideration of the foregoing, the undersigned agree to
indemnify, save and hold harmless the Village of Deerfield, its agents and
employees from any and all liability, claims, costs and expenses accruing to
the Village of Deerfield, its agents ar,d employees as a result of the failure
-of.the undersigned to install the street improvements on Cherry Street in the
manner provided by ordinance.
3. The undersigned agree that they shall remain fully and solely
responsible for the maintenance and care of the access provided to the real
property described in Exhibit A in the dedicated portion of Cherry Street in
conformity with standards deemed suitable by the Village of Deerfield and
Village Engineer, and that the undersigned shall rectify forthwith any defects
called to.their attention as to the maintenance and repair responsibilities
established hereby.
2102619
i
4. This Agreement shall remain in full force and effect until the
Y a�•
f release thereof by the corporate authorities of the Village of Deerfield or
upon installation of a fully- improved street in conformity with the standards
established by the Subdivision Code of the Village of Deerfield, and shall
be binding upon any and all successors, assigns, tranferees and legal repre-
sentatives of the undersigned.
IN WITNESS WHEREOF, the undersigned have set their respective hands
and seals t h i s /_/, day of��;.. 1981.
2102619-
EXHIBIT A • -_ ' •
LOT 1 BEING A SUBDIVISION OF THE SOUTH'10.0 FEET OF LOT "N" (EXCEPT
THE WEST 250.0 FEET THEREOF) AND LOT "P" (EXCEPT THE WEST 250.0 FEET
THEREOF) IN OWNER'S DIVISION OF THE WEST ONE QUARTER OF THE NORTH
HALF OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 43 NORTH, RANGE
12 EAST OF THE 3RD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT.THEREOF
",RECORDED•MAY 14, 1949, AS, DOCUMENT 670101, IN BOOK 31.OF PLATS, PAGE
75 LN LAKE COUNTY, ILLINOIS.
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