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O-81-66.ORDINANCE- NO.- 0 -81 -66 AN ORDINANCE AMENDING THE ZONING NAP Published in pamphlet form this 21st day of September , 1981, by the President and Board of Trustees of Deerfield. 1 ORDINANCE -N0. 0 -81 -66 AN ORDINANCE AMENDING THE ZONING MAP WHEREAS, the Plan - Commission of the Village. of Deerfield has heretofore held a public hearing upon the Petition of American National Bank and Trust Company of Chicago,. as Trustee under Trust Agreement dated August 22, 1978 and known as Trust No. _437f6, David Veatch, Marian•Veatch, Gerald Greeter,.. Carol A. Greeter, Ronald R. Wedekind,• Carolyn F — Wedekind and George Kozak, (collec- tively hereinafter referred to as the "Owner ") for the classification of certain real estate located within the Village, pursuant to an Annexation Agreement between the owner and the Village of Deerfield,. and hereinafter described,• in the I -1 Office, Research, Restricted Industry District and to authorize the development and use of said real estate in accordance with the terms of said Annexation Agreement and Exhibits attached thereto- and made a part thereof; 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 with respect to amending the Zoning Map to include the Subject Property in the I -1 Office, Research, Restricted Industry District and as to the use of said real estate in accor- dance'with the terms of said Annexation Agreement and Exhibits attached thereto and made a part thereof; 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. classification of said real estate in the manner aforesaid.-_ 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 Zoning Map of the Village of Deerfield included and made ONE: a part of the Village Zoning Ordinance passed April 17, 1978, as amended, is hereby further amended by zoning and classifying the property described in Exhibit '.'A" and described in said Annexation Agreement as the "Subject Property ", attached hereto and made a part hereof, to the I -1 Office, Research, Restricted Industry District. SECTION The reclassification of said real estate to the I -1 Office, TWO: Research, Restricted Industry District as requested is subject to the conditions and restrictions set forth in said Annexation Agreement with respect to the Subject Property and by the terms of- the Annexa- tion Agreement and the* Exhibits thereto and to the strict compliance by the owner and its successors and assigns with all the terms, conditions and provi- sions of said Annexation Agreement. . SECTION That no.building or other permits shall be approved or issued THREE: with respect to the - development of or construction on the Subject Property hereinabove described except as the applications,.plans and specifications therefor are in full compliance with the terms, conditions and provisions of said Annexation Agreement including all Exhibits thereto, this Ordinance and all other applicable ordinances of the Village except as modified or varied by the terms hereof or by the terms of the Annexation Agreement and Exhibits thereto, and no change, modification or deviation shall be made from the terms, conditions and provisions of this Ordinance and said Annexation Agreement except upon the express approval of the President and Board of Trustees of the Village of Deerfield; further, no permits for con- struction or development of the Subject Property shall be issued unless at the time of issuance thereof the owner and its successors and assigns have cur- rently complied with all conditions, requirements, obligations- and duties imposed upon them under. the terms of this Ordinance and said Annexation Agree - ment and Exhibits thereto SECTION That to the extent of any conflict herewith,.Ordinance.No.. 81 -08 FOUR: is hereby repealed.. SECTION That the Village Clerk is hereby directed.to publish this FIVE: Ordinance in Pamphlet form- SECTION That this - Ordinance shall be in full force and effect from and SIX: after its passage..approval and publication- as provided by law. AYES: Ehlers, Heisler, Marty, Seidman, NAYS: None (0) ABSENT: None. (0) PASSED this 21st day of September rst- ep em APPROVED this ATTEST: VILLAGE CLERK Swanson, York (6) A.D., 1981., A.D., 1981. 11 +I1.LAGE PRESIDENT THAT PART OF THE NORTH WEST QUARTER OF THE NORTH•EAST -QUARTER OF SECTION 31, T (JWNSHIP 43 NORTH, RANGE 12� EAST OF THE 3RD P.M., DESCRIBED AS F0. LOWS TO -WIT: BEGINNING AT A POINT WHICH IS 30 FEET WEST OF THE EAST LINE AND 192.06 FEET SOUTH OF THE NORTH LINE OF SAID QUARTER QUARTER SECTION; THENCE SOUTH PARALLEL TO SAID EAST LINE 132 FEET; THENCE WEST PARALLEL TO SAID NORTH LINE 330 FEET; THENCE NORTH PARALLEL TO SAID EAST LINE 132 FEET; THENCE EAST 330 FEET TO THE PLACE OF BEGINNING (EXCEPT THAT PART THEREOF TAKEN FOR TOLL HIGHWAY IN PROCEEDING HAD IN CASE NO. 13944), IN LAKE COUNTY, ILLINOIS. TOGETHER WITH WHATEVER RIGHT, TITLE AND INTEREST OPTIONOR MAY HAVE IN DEDICATED MEADOW LANE AND IN PARCEL "B" AS DISCLOSED IN 'SURVEY PREPARED BY.PAUL LOTZ DATED NOVEMBER 23, 1977. #77- 8 -1 -8. j PARCEL 2 IGREETER THAT PART OF THE NORTH WEST QUARTER OF THE NORTH EAST QUARTER OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 121 EAST OF THE 3RD P.M., BOUNDED BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 30 FEET WEST OF THE EAST LINE AND 324.06 FEET SOUTH OF THE NORTH LINE OF SAID QUARTER QUARTER SECTION; THENCE SOUTH PARALLEL TO SAID EAST LINE, 132 FEET; THENCE WEST PARALLEL TO SAID NORTH LINE 330 FEET; THENCE NORTH PARALLEL TO SAID EAST LINE, 132 FEET; THENCE EAST 330 FEET TO THE PLACE. OF BEGINNING (EXCEPT THAT. PART CONDEMNED FOR THE ILLINOIS TOLL HIGHWAY COM- MISSION HAD IN THE COUNTY COURT OF LAKE COUNTY., ILLINOIS, CASE NO. 13892), IN LAKE COUNTY, ILLINOIS. PARCEL 3 WEDEKIND THAT PART OF THE NORTH WEST QUARTER OF THE NORTH EAST QUARTER OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE 3RD P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 30 FEET WEST OF THE EAST LINE AND 456.06 FEET SOUTH OF THE NORTH LINE OF-THE NORTH WEST QUARTER OF THE NORTH EAST QUARTER OF SAID SECTION 31, TOWNSHIP AND RANGE AFORESAID; THENCE SOUTH PARALLEL TO SAID EAST LINE, 132 FEET; THENCE WEST PARALLEL TO SAID NORTH LINE, 330 FEET; THENCE NORTH PARALLEL TO SAID EAST LINE, 132 FEET; THENCE EAST 330 FEET TO THE PLACE OF BEGINNING, (EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NORTH WEST CORNER OF SAID TRACT; THENCE EAST ALONG THE NORTH LINE THEREOF, 41.51 FEET; THENCE SOUTH WESTERLY 126.08 FEET.TO A POINT ON THE WESTERLY LINE OF SAID TRACT, WHICH IS 118.73 FEET SOUTH OF THE PLACE OF BEGINNING; AND THENCE NORTH ALONG THE WEST LINE OF SAID TRACT, 118.73 FEET TO THE PLACE OF BEGINNING), IN LAKE COUNTY, ILLINOIS. PARCEL 4 KOZAK THE SOUTH 132 FEET OF THE WEST 330 FEET OF THE EAST 360 FEET OF THE NORTH 720.06 FEET OF THE NORTH WEST QUARTER OF THE NORTH EAST QUARTER OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS.. AW1101, 1A 1! 08 50B; 9/9/81 ANNEXATION AGREEMENT ' THIS' AGREEMENT made and entered into this rXi ,. day of 1981, by and between the VILLAGE OF DEERFIELD, a_Municipal corporation (the "Village "), by and through its President and Board of Trustees (the "Corporate Authorities "), the AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee under the provisions of a Trust Agreement dated August 22, 1978, and known as Trust No. 43716, DAVID VEATCH, MARIAN VEATCH, GERALD GREETER, CAROL A. GREETER, RONALD R. WEDEKIND, CAROLYN F. WEDEKIND and GEORGE KOZAK (collectively hereinafter referred to as the "Owner "), W I T N E S S E. T H: WHEREAS, the, Owner is the owner of record of a certain parcel of real estate, more completely described in Exhibit "A", which is attached hereto and made a part hereof (the "Additional Property"), and which real estate. is contiguous to the corporate limits of the Village; and WHEREAS, the Owner desires to have said parcel of real estate annexed to the Village, upon certain terms and conditions hereinafter set forth; and WHEREAS, the Additional Property is presently unincorpor- ated, and is contiguous to and may be annexed by'the Village, as provided by Article 7 of the Illinois Municipal Code; and WHEREAS, the Owner is also the owner of record of a certain parcel of real estate, more completely described in Exhibit "B", which is attached hereto and made a part hereof (the "Annexed Property ") which was the subject of a certain Annexat'i'on Agreement dated January 19, 1981 by and between the parties hereto, (the "Prior Annexation Agreement ") which Agreement provides, among other things, that it may be amended by the mutual consent of the parties; and WHEREAS, in order to accommodate the,unified development of the Additional Property and the Annexed Property (collectively here- inafter referred to as the "Subject Property "), the,Owner desires to amend the Prior Annexation Agreement in certain aspects as herein- after described and thereby to regulate the development of all of the real property described in Exhibits A and B. WHEREAS, pursuant to notice duly.published, as required by t statute and ordinance, a series of public hearings were held by the Deerfield Plan Commission from time to time, on the Petition of the Owner, to consider._ annexation and rezoning, with certain variations, of the Additional Property and the unified development of the Subject Property as provided herein,_ and recommendations made by said Commis- sion were .submitted to the Corporate Authorities; and WHEREAS, pursuant to the provisions.of Section 11- 5.1 -1, et sec., of the Illinois Municipal Code. 1979 Illinois Revised Statutes, a proposed Annexation Agreement, in substance and in form the same as this Agreement, was submitted to the Corporate Authorities, a ,I series of public hearings were from time to time held thereon by the Corporate Authorities pursuant to legal notice, duly published as provided by statute; and WHEREAS, due and timely notice of the proposed annexation has.been given to the West Deerfield Township Highway Commissioner and Board of Town Auditors, in the manner and form required by statute; and WHEREAS, the Corporate Authorities, after due and further careful consideration, have concluded that the annexation of the Additional Property to the Village, on the terms and conditions hereinafter set forth, and the unified development of the Subject Property, as provided herein, would further the growth of the Village, would enable the Village to control the development of the Subject Property, and would be in the best interests of the Village: NOW, THEREFORE, in consideration of the premises, and of the mutual covenants and agreements herein 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, 1979) . 2. . The Owner shall file a properly executed Petition for Annexation of the Additional Property contingent upon. execution of 2 - . • • - t. .: s. .S .. _ ':'f. ..q�nrj1,T f�.�Z •-c'i �..: K:��•!i��'..Y. ... t ,t. • N„ v" r .�� .' :'ti 3. j) ti �;,�_R_� :.. 1� tWfR'7i "'r✓,,^� �o.:e:r^''4nSy .,Y •'- 1.. r ':iL i +« >. a < � " r �y. `c4f�. 3 .. . .s• tl.:i�r•,.. z, o—'rs; C2v.,m,t .tea- �r-WaS9i>�'iln$ — "`s- c`. �'N�i`.RLta'.��. y�%�'.�A 1. ��� `' li;�,.z ,��a Hw'�:,�',,,..�, a, dt' - -r .al�sF �".x • d- 2. i �. EXHI$IT "B" That part of the West 1/2 of the North East • 1/4 of Section 31, Township 43 North, Range ' 12 East of the Third Principal Meridian, ly- ing south of a line which is 43 rods and 16 links south of and parallel with the North line of said Northeast 1/4 of. Section 31 North of the North -line of Lot 1 in Vernon Ridge Country Home Subdivision in the North 1/2 of said Section 31, an& Easterly of the Easterly line of the Illinois Toil :sigh- k way right -of -way (except the East 40 feet dedicated for Meadow Lane) in Lake County, Illinois. • i ' r :z this Agreement. Thereafter, the Village of Deerf•ield'shall adopt the appropriate resolutions and ordinances authorizing execution of this Agreement with respect to the Subject Property and annexing the Additional Property to.the Village upon the terms and conditions set forth herein. 3.. Zoning: A. Immediately upon annexation of the Additional Property, the Village . shall,.pursuant to statute and ordinance, adopt an ordinance, zoning the Additional Property I -1 Office, Research, Restricted Industrial District, under the Zoning Ordinance of the Village (the "Zoning Ordinance ") and the Owner agrees to comply-with all aspects of the Zoning Ordinance as specifically modified hereby; B. . Said Ordinance shall permit the development of the Subject'' Property with an office building structure containing not more than 141,500 gross square feet, exclusive of atrium space, which shall not exceed 6,000 square feet, 28 feet in height, plus mechanical structures not in excess of 12 feet in height, - (height to be measured in the manner defined in Article 14.2 of the Zoning Ordinance of the Village of Deerfield) to be constructed within the area designated "Office Building Envelope" on the Plan of Develop- ment described below, and shall grant certain variations from the requirements of the Zoning Ordinance relating to (a) the number and dimension of Parking Spaces as follows: 472 Parking Spaces plus 94 additional Spaces to be available in the front yard for future use. 95 Spaces of the . 472 Spaces may be 8 feet by 16 feet in size; (b) the waiving of the requirement of perimeter curbing on the south, west and north boun- daries of the Subject Property, waiving of the Roping Requirement, and the elimination of the wheel stops throughout the parking area. (c) the future use of the required Front Yard for Front Yard Parking; 3 - tee off - premises signage and the 'dimensions of off - premises signage and on- premises signage as described in Section 9 hereof;.and (e) waiver of the requirement . of solid fencing or landscaped screening, -all as are required by Owner's plan of development prepared by Hammond, Beeby and Babka, Architects, dated August 31, 1981, and the. landscaping plan prepared by Theodore Brickman CO.', da ted.Augus t 31,. 1981, attached hereto and made a part hereof as Exhibits and "D ", respectively, which Exhibits are hereby approved. 4.. Owner agrees to construct, at its sole expense, the required improvement of the existing right -of -way of Meadow Lane, at a minimum width of 22 feet, back of curb to back of curb north of the access point of the Subject Property as depicted on Exhibit C. to its intersection with Castlewood Lane in accordance with the road construction standards-,and specifications adopted by the Illinois Department of Transportation and as may be modified by the Village of Deerfield to the extent required by the use and development of the Subject Property. Owner also agrees to construct a pedestrian way, three feet in width of either asphalt or concrete construction along Meadow Lane from its access point with the Subject Property as depicted on Exhibit C to its intersection with Castlewood Lane. Further, upon completion of development and at'the request of the Village, Owner agrees, at its own expense, -to improve that portion of Meadow Lane from the access point of the Subject Property as depicted on Exhibit C to the southern boundary of the Subject Property with base patching and seal coating consisting of 3/8 inch stone chip. The Village agrees that the cost of the seal coating portion of this project shall not exceed $3400. 5. By its Letter of Commitment to the Village of Deerfield dated December 30, 1980, the Illinois Department of Transportation has indicated that in view of the proposed development of the Subject Property, it will issue its Warrant authorizing the signalization of the intersection of Castlewood-Lane and Deerfield Road subject to satisfaction of the following conditions: M-W (a) The geometrics of the intersection shall be modi- fied to provide separate left turn lanes on. Deerfield Road and a separate right turn lane on Castlewood Lane; (b) The traffic.signal shall be interconnected with the existing traffic signal at Deerfield Road and Wilmot.Road; (c) Pedestrian signals shall be included as part of the traffic signal; and (d) Consideration of separate traffic signal controls. for Meadow Lane. The village of Deerfield shall cause the preparation'of and the review and acceptance of plans for the traffic signal installation and shall procure bids and award construction contracts, in accor- dance with standards and specifications of the Illinois Department of Transportation. Owner agrees to pay up to an aggregate of $160,000 for the cost of these improvements. If said improvements are not completed and paid for within twenty -four months after the date hereof. the Owner's maximum liability for said costs shall increase annually by an amount equal to 10% of the estimate herein contained. Installation of the traffic signalization described herein is not a prerequisite to the issuance of a Building Permit for the proposed development. However, in the event that if for any reason the traffic signalization described in the afo_ementioned Letter of Commitment is not completed in accordance therewith,. efforts to secure traffic signalization either at the Castlewood Lane /Deerfield Road intersection or at the north -bound exit ramp at Deerfield Road from the Tri- State .Tollway shall continue even after issuance of a Building Permit and the Owner's payment obligations hereunder shall continue in full force and effect during the term hereof. 6. As part of the intersection improvement program described in the preceding Paragraph 5, Owner agrees to pay for the cost of the widening of the intersection of Castlewood Lane at the south side of Deerfield Road to accommodate two north -bound lanes and one south -bound lane in the manner to be included in the plans, - 5 - _standards and specifications noted in said Paragraph 5. During the period prior to the completion of the traffic signalization described in Paragraph 5 hereof and at such times during said period as the Village may direct from time to time, Owner will pay the cost of an off -duty Village police officer to regulate the vehicular traffic entering and exiting said intersection. 7. The Village represents that an 8 inch municipal sanitary sewer exists and is located in Meadow Lane at a point approximately 30 feet east of the easterly line and 470 feet south of the northeast corner of the Subject Property. The Village further. represents that a-6 inch ,municipal -water_ main is located in Meadow Lane approximately 30 feet east of the easterly line and 310 feet. south of the northeast corner of the Subject Property. The Village further represents that a 10 inch municipal•storm sewer is located in Meadow Lane at a point approximately 60 feet east of the easterly line and 550 feet south of the northeast corner of 'the Subject Property. The Village agrees that the Owner, its successors and assigns may, for the purpose of serving the Subject Property, tap into such municipal facilities at the above - described points, or at such other locations as may be convenient at the time of the development of the Subject Property,- or a part thereof, and are advisable and proper from an engineering standpoint. It is understood and agreed that all extensions of existing sanitary and storm sewers and water mains necessary to serve the Subject Property, shall be constructed and installed in accordance with plans and specifications to be approved by the Village, but at the expense of the Owner, its grantees or assigns, and that the Owner shall have the right to connect to such existing. mains and sewers, and to such extensions thereof as the Owner may construct and install, without payment to the Village of any charge or fee of any kind therefor, other than normal tap -in and user charges in effect at the date of this Agreement and the posting at the time of - . issuance of a building.permit of either a bond, letter of credit or the establishment of an escrow in form and amount satisfactory to the Village to insure the completion of all of the offsite improve- ments plus required landscaping. - 6 - h At the request of the Village, Owner will grant 4: perpetual easement to the Village of a ten. foot strip of land along the north and west boundaries of the Subject Property for the.purpose of the construction, installation, repair and maintenance of public utilities. It is recognized that if the water main and sewer extensions constructed and installed by the Owner benef it the owners of other property, then the Owner, its.grantees. and - assigns shall be - entitled to recover, upon enactment of the appropriate ordinance by .the Vil' lage, from the owners of such benefited properties, the latter Is pr.oportionate share of the cost 'of such .construction of said water main and sewer extensions, and the Village agrees, upon enactment of the appropriate .ordinance by the Village, that no benefited property owner shall be permitted to connect onto and utilize such . sewer and water main extensions without first reimbursing such Owner, its grantees or assigns, as hereinabove provided. 8, Owner and Village agree that the pro% sions of Article 13.6 -4,2 of the Deerfield zoning Ordinance dealing with the issuance of a Temporary Certificate of Occupancy shall be applicable to the proposed development. .9. Prior to the execution hereof, Owner will designate on Exhibit C the location of an internally illuminated double -faced "Occupant Sign ", as that term is defined'in Article 9.1 -1.of the .Zoning Ordinance, not in excess of nine square feet on the south side of. Deerfield Road and an intenally illuminated permanent sign not to exceed twelve square feet- in size to be located. on ' the south side of Meadow Lane at its intersection with Castlewood Lane. Further, Owner shall be entitled to erect permanent ground sign on the west side of the Subject Property consisting of not more than 200 square feet on not more than each of two sides and a temporary sign at the same location prior to the erection of the permanent sign consisting of not more than 128 square feet on not more than each of two sides. Owner will obtain any required governmental approvals from any governmental bodies having jurisdiction prior to the installation thereof. 10. All ordinances of the Village relating to zoning, official plan and building, and related restrictions, including but not limiting the generality of the foregoing, the fee schedules for building permits. water and sewer tap -on and uses charges in effect as of the date hereof, or as modified by the terms hereof shall, insofar as they apply to the land which is the subject of this Agreement, continue in effect during the full effective term of this Agreement, except with the mutual consent of the parties. 11. The parties mutually represent that they have taken and will take such action as may be required to bring about the amendments to the zoning, subdivision and other ordinances, and the adoption of such other ordinances, exceptions and variances, as may be necessary or proper in order to zone and classify the Subject Property, so as to enable the same to be developed and used in the manner as set.forth in this Agreement and Exhibits hereto, and:to enable the parties to execute this Agreement, and to fully carry out all of the covenants, agreements, duties and other obligations created and imposed by the provisions and terms hereof.. By virtue of the execution of this Agreement, the Prior Annexation Agreement dated January 19, 1981 is superseded and the terms and provisions of this Agreement shall govern the development of the Subject Property. 12. It is further understood and agreed by the parties hereto that time is of the essence of this Agreement and that all parties.will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed by the parties that the successful performance of this Agreement requires their continued cooperation. 13. The Owner agrees, during the term of this Agreement, for itself, its successors -and assigns, not to develop or otherwise improve the Subject Property, except pursuant to and in accordance with this Agreement. 14. Upon a breach of this Agreement, any of the parties hereto, in any court of competent jurisdiction, by any action or - • proceeding at law or in equity, may secure the specific performance of the covenants and agreemen"Cs herein contained, may be awarded damages for failure of performance or both, or may obtain rescission and disconnection for repudiation or material failure of performance. Before any.failure of any party to this Agreement to perform its - 8 - obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify, in writing, the party alleged to have failed to perform the alleged failure and demand performance. No breach of.this Agreement may be found to have occurred if performance has been commenced to the satisfaction of the complaining party within twenty- one.(21) days of the receipt of such notice. 15. The parties agree that this Agreement, and any exhibits attached hereto, may be amended by the mutual consent of the parties hereto by the adoption of an ordinance or resolution of the Village, approving the amendment of the terms of this Agreement-as provided by law, and the execution of the Amendment by the parties or their successors in interest. ,I 6. Except as hereinafter expressly provided, this Agree- ment supersedes all prior agreements, negotiations and exhibits, and is a full integration of the entire agreement of the parties. 17.. This Agreement shall bind and inure to the benefit of the parties hereto,.their heirs,.successors and assigns,.for a period of .ten (10) years from the date hereof (or if during the term hereof the Illinois Municipal Code shall be amended to permit agreements of this nature to extend for a longer term, then this Agreement shall remain in force and effect for the full duration of said extended term). Nothing herein shall in any way prevent the alienation or sale of the Subject Property., or any portion thereof:, except that said sale shall be subject to the provisions hereof, and any successor Owner shall be both benefited and bound by the condi- tions and restrictions herein expressed. 18. If any provision, covenant, agreement or portion of this Agreement or its application to any person, entity or property is held invalid, such invalidity shall not affect the application or validity of any other provisions, covenants or portions of this Agreement, and to that end, any provisions,.covenants, agreements or portions of this Agreement are declared to be severable. 19. This Agreement is executed by Owner, as Trustee. No personal liability under this Agreement shall be asserted against said Trustee, all such personal liability being expressly waived, 9 - and any liability for a breach of this Agreement or any of the covenants, undertakings and warranties herein contained, shall be asserted solely against the property contained in this. trust, and against the beneficiary of said trust upon whose. behalf and at. whose express written direction the covenants, representations and under- takings herein contained are made. IN WITNESS WHEREOF, the parties hereto have executed this Agr.eement on the date first above written. VILLAGE OF DEERFIELD ATTEST: By: President Clerk AMERICAN NATIONAL BANK,AND TRUST COMPANY OF CHICAGO, as Trustee under Trust Agreement dated August 22, 1978, and known as Trust No. 43716F and not per nally ATTEST: By Vice President A©aistant S4e,6ie tary DAVID VEATCH MARIAN VEATCH GERALD GREETER CAROL A. GREETER RONALD R. WEDEKIND CAROLYN F. WEDEKIND �u GEORGE KOZAK SUBSCRIBED AND SWORN TO before me this 21st day of September, 1981. otary Pub - 10 - and any- liability for a breach of this Agreement or any of the covenants, undertakings and warranties herein contained, shall be asserted solely against the property contained.in this trust, and against the beneficiary of said trust upon whose behalf and at.whose express written direction the covenants, representations and under- takings herein contained-are made. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. ATTEST: Clerk. ATTEST: Secretary DAVID VEATCH GERALD GREETER VILLAGE OF DEERFIELD By: President AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee under Trust Agreement dated August 22, 1978, and known as Trust No. 43716, and not personally By Vice President MARIAN VEATCH CAROL A. GREETER RONALD WEDEKIND CAROLYN F. WEDEKIND SUBSCRIBED AND SWORN TO before me this 21st day of September, 1981. Notary.• i - 10 - and an • liabili t Ar a b y any y reach of this Agreement or any of the covenants, undertakings and warranties herein contained, shall be 1 asserted solely against the property contained in this trust, and against the beneficiary of said trust upon whose behalf and at whose express written direction the covenants, representations and under- takings herein contained are made. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. ATTEST: Clerk ATTEST: Secretary DAVID VEATCH GERALD GREETER RONALD R. WEDEKIND GEORGE KOZAK SUBSCRIBED AND SWORN TO before me this 21st. day of September, 1981. Notar�VRub is VILLAGE OF DEERFIELD By- •President AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee under'Trust Agreement dated August 22, 1978, and known as Trust No. 43716, and not personally By Vice President MARIAN VEATCH CAROL A. GREETER CAROLYN F. WEDEKIND VINCENT R. VECCHIONE - 10 - y y THAT *PART OF THE NORTH WEST QUARTER OF THE NORTH EAST QUARTER OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE 3RD P.M. DESCRIBED AS FOLLOWS TO -WIT: BEGINNING AT A POINT WHICH IS 30 FEET WEST OF THE EAST LINE AND 192.06 FEET SOUTH OF THE NORTH LINE OF SAID QUARTER QUARTER SECTION; THENCE SOUTH PARALLEL TO SAID EAST LINE 132 FEET; THENCE WEST PARALLEL TO SAID NORTH LINE 330 FEET; THENCE NORTH PARALLEL TO SAID EAST LINE 132 FEET; THENCE EAST 330 FEET TO THE PLACE OF BEGINNING (EXCEPT THAT PART THEREOF TAKEN FOR TOLL HIGHWAY IN PROCEEDING HAD IN CASE NO. 13944), IN LAKE COUNTY, ILLINOIS. TOGETHER WITH WHATEVER RIGHT, TITLE AND INTEREST OPTIONOR MAY HAVE IN DEDICATED MEADOW LANE AND IN PARCEL "B" AS DISCLOSED IN SURVEY PREPARED BY PAUL LOTZ DATED NOVEMBER 23, 1977. 177 -8 -18. PARCEL' 2 b h t; LT r ;m THAT PART OF THE NORTH WEST QUARTER OF THE. NORTH EAST QUARTER OF SECTION 31., TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE 3RD P.M., BOUNDED BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 30 FEET WEST OF THE EAST LINE AND 324.06 FEET SOUTH OF THE NORTH LINE OF SAID QUARTER QUARTER SECTION; THENCE SOUTH PARALLEL TO SAID EAST LINE, 132 FEET; THENCE WEST PARALLEL TO SAID NORTH LINE 330 FEET; THENCE NORTH PARALLEL TO SAID EAST LINE, 132 FEET; THENCE EAST 330 FEET TO THE PLACE OF BEGINNING (EXCEPT THAT PART CONDEMNED FOR THE .ILLINOIS TOLL HIGHWAY COM- MISSION. HAD IN THE COUNTY COURT OF LAKE COUNTY, ILLINOIS, CASE NO. 13892), IN LAKE COUNTY, ILLINOIS. PARCEL 3 WEDEKIND THAT PART OF THE NORTH WEST QUARTER OF THE NORTH EAST QUARTER OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE 3RD P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 30 FEET WEST OF THE EAST LINE AND 456.06 FEET SOUTH OF THE NORTH LINE OF THE NORTH WEST QUARTER OF THE NORTH EAST QUARTER OF SAID SECTION 31, TOWNSHIP AND RANGE AFORESAID; THENCE SOUTH PARALLEL TO SAID EAST LINE, 132 FEET; THENCE WEST PARALLEL TO SAID NORTH LINE, 330 FEET; THENCE NORTH PARALLEL TO SAID EAST LINE, 132 FEET; THENCE EAST 330 FEET TO THE PLACE OF BEGINNING, (EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NORTH WEST CORNER OF SAID TRACT; THENCE EAST ALONG THE NORTH LINE THEREOF, 41.51 FEET; THENCE SOUTH WESTERLY 126.08 FEET TO A POINT ON THE WESTERLY LINE OF SAID TRACT, WHICH IS 118.73 FEET SOUTH OF THE PLACE OF BEGINNING; AND THENCE NORTH ALONG THE WEST LINE OF SAID TRACT, 118.73 FEET TO THE PLACE OF BEGINNING), IN LAKE COUNTY, ILLINOIS. PARCEL 4 KOZAK THE SOUTH 132 FEET OF THE WEST 330 FEET OF THE EAST 360 FEET OF THE NORTH 720.06 FEET OF THE NORTH WEST QUARTER OF THE NORTH EAST QUARTER OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS. • • A j p5 3 . T µ. . i`T. _ u"VER SIZE II ( -- LL 0 M Trff, 8, L OCA TI 0, N) 41plu ' ED M 0 L STaTF= 2o _ WeiLLWAY GROUND SIGN ............ MAX. 200 SO. FT. ,..a rrr= r T7 1 T7 111 2 T. EXISTING VEGETATION tv - 1.4 5F T. BUFFER TO E jr LL PRUNED AND CL4tTE_-D 531.2 aM = r�m OFFICE BUILDING ENVELOPE SITE DATA ACREAGE PERCENTAGE OF LAND 1BO/O TOTAL NET SWARE FOOTAGE 407*000 SCE. FT VAC ,. HEIGHT ABOVE GRADE 2B FT + H MAXIMUM GROSS BUILDING SIZE 136,000 -141500 SO. F + ATRIUM PARKINQ COMPACT CARS 95 HANDICAPPED -STALLS 12 CARS 365 FUTURE PARKING OF FRONT YARD 94 TO TA L 566 H> GRAPHIC SCALE 0 30 60 .120 240 DATE: .a.- 8-31-81 1258.1 FT C � T1AfJCE II I�rm :V9- 562FT m mom to N 132 1- 132 L AMNIFE4 f'04 N HTM 11 11111 1111 DRY RETENTION - AN 132 41 132\ EXISTING PAVING NEW PAVINiY BASEPATCH & SEALCOAT GROUND SIGN 4AX. 45 SO•qt L MINAA 2211 3' PEDESTRIAN WALKWAY U LE FACED OCCUR MAX 9 SO. FT FT T ST P SIGN STOP SIGN % S TOP 00 0 LL 0 O c� 0 e� CA 0 w ct EXISTING. VEGETA 10 -10 # BE LL PRUNED AND CLE 4N D 0. SEE LANDSCAPE PLAN Ko LINE OF 40' EASEMENT io EX IS ING ROAD b PROPERTY LINE ­�/ EXFSTING FFN(-Fj SITE DATA ACREAGE PERCENTAGE OF LAND 1BO/O TOTAL NET SWARE FOOTAGE 407*000 SCE. FT VAC ,. HEIGHT ABOVE GRADE 2B FT + H MAXIMUM GROSS BUILDING SIZE 136,000 -141500 SO. F + ATRIUM PARKINQ COMPACT CARS 95 HANDICAPPED -STALLS 12 CARS 365 FUTURE PARKING OF FRONT YARD 94 TO TA L 566 H> GRAPHIC SCALE 0 30 60 .120 240 DATE: .a.- 8-31-81 1258.1 FT C � T1AfJCE II I�rm :V9- 562FT m mom to N 132 1- 132 L AMNIFE4 f'04 N HTM 11 11111 1111 DRY RETENTION - AN 132 41 132\ EXISTING PAVING NEW PAVINiY BASEPATCH & SEALCOAT GROUND SIGN 4AX. 45 SO•qt L MINAA 2211 3' PEDESTRIAN WALKWAY U LE FACED OCCUR MAX 9 SO. FT FT T ST P SIGN STOP SIGN % S TOP 00 0 LL 0 O c� 0 e� CA 0 w LW Z�,N IV7 LL HO Z STi - LAI YF= TOL 0 0) ) Lc) � Q j CLU �-4 'o h0i.- SI TE DATA ACREAGE PERCENTAGE OF LAND TOTAL NET SQUARE FOOTAGE HEIGHT ABOVE GRADE MAXIMUM GROSS BUILDING SIZE KEY FCC); AN IC NAM F SHADE. TPt-_f f AN(> I DE S Ax I NU)- *z, W VAN I-, SALIX NIOIBE TILIA AMERICANA TILIA CORDATA TILIA EUCHLORA 'REDMOND' OR'NAMEt4TAL, TREES ACER GINNALA ALNUS GLUT1140SA CRATAEGUS CRUSGALLI MALUS SPECIES EVERGREEN TREES PINUS N IGRA PfNUS STROSUS PILAUS SYLVESTRIS H> PLANT L15T COMMON NAME NORWAY MAPLE RED MAPLF Er GREEN ASH HONV,— ?te- W I LLOW AMU -+ LINDEN LITI'LELEAF LINDEN REDMOND LINDEN AMUR MAPLE FUROPE-AN BLACK ALDER COCKSPUR HAWTHORN FLOWERING CRASAPPLE AUSTRIAN PINE WHITE PINE SCOTCH PINE 1BO/o 407,000 SQ. FT 28, FT + HVAC 13000- 141,500 SQ. FT +ATRIUM S I Z F 3-6" 3-6 3-611 I . 1 1/2-311 1 1/ 2 -3 " 1 1/2-3" 1 1/2-3" 5-1;), * 5-12t 5-12' 531.2' Ami k-w m ,I OFFICE BUILDING ENVELOPE a . ... .... .. mod, � � low I'd •) #- 12581 -4 f B-17— B1 0 25 w 10@ 200 • • • r I dmL Nopor Mx PA G 1-1 1 � 2 132 1;32 ",4 4 A 44 16 I It ................. K,. iy _ 1 0 G=7 V a to u LL: ro--O,) COD sJ Diu: FLU fii w. :y o