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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. V/ —Zell 'IV i� - � O 7 -5 2 c!:?7. z� LJ z ; 217-7 ti V145 o , 70 VI li 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 .. F" 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. i 33 61A � jo I Iri ti ; it I 61A � jo I - 2-19 C,-. ,- -Z- 777-7- 4,::7/ / le7,4.cj Y 7,6 V1,5 go 14 exw o\ � N 34.. Iri a' ; I - 2-19 C,-. ,- -Z- 777-7- 4,::7/ / le7,4.cj Y 7,6 V1,5 go 14 exw o\ � N 34.. Iri a' ; - 2-19 C,-. ,- -Z- 777-7- 4,::7/ / le7,4.cj Y 7,6 V1,5 go 14 exw o\ � N 34..