O-82-55ORDINANCE NO. 0- 82 -55:
AN ORDINANCE AUTHORIZING AN AMENDED
SPECIAL USE FOR DEERBROOK SHOPPING CENTER
WHEREAS, the Plan Commission of 'the Village of Deerfield has heretofore
held a public hearing on the application of Northwest National Bank as Trustee
under Trust Agreement No. 122 dated April 3, 1968 to authorize an amendment to
the existing Special Use - Planned Unit Development of Deerbrook Shopping
Center to permit the expansion of the shopping mall by the construction of a
13,000 square foot addition to the rear thereof, all in accordance with
Articles 2.0 -3, 2- 52 -3, 10; 12.4 and 13.11 of the Zoning Ordinance of the
Village of Deerfield, as amended, 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 said
amendment to the Special Use of said real estate be approved and authorized
subject to certain conditions and restrictions hereinafter set forth.
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 findings and recommendations of the Plan Commission are
ONE: concurred in and adopted as the findings of the President and
Board of Trustees and the amendment to the Special Use of the
real estate legally described in Exhibit A attached hereto and made a part
hereof to permit the expansion of the shopping mall by the construction of a
13,000 square foot addition to the rear thereof, be and the same is hereby
authorized and approved.
SECTION That the approval and authorization of said amended Special Use
TWO: is hereby given subject to the requirements that all use shall
be in accordance with all exhibits, testimony, representations
submitted and made by Applicant to the Plan Commission and
President and Board of Trustees and is also subject to compliance by Applicant
with all other applicable provisions of the Zoning Ordinance and the further
condition that all required signatures have been obtained prior to issuance of
a building permit for the proposed addition on a certain Agreement attached
hereto as Exhibit B and made a part hereof providing for, among other matters,
access to the adjoining Lake -Cook Shopping Plaza.
SECTION That-any violation of the conditions hereinabove set forth,
THREE: specifically including.but not limited to meeting the April 1,
1983 time limit for completion of all the access work with Lake
Cook Shopping Plaza as more fully set forth in Exhibit B, shall authorize the
revocation of the special use hereby authorized.
SECTION That the approval and authorization of said amendment to Special
FOUR: Use hereby given is subject to the requirement that this Ordi-
nance shall be recorded in the Office of the Recorder of Deeds
of Cook County, Illinois, and all fees for such recordation and expenses
incurred therefor shall be paid by the Applicant.
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, Swanson, Forrest (4)
NAYS: Seidman, York (2)
ABSENT: Marty (1)
PASSED this 18th day of October A.D., 1982.
APPROVED this 18th day of October A.D., 1982.
t
VILLAGE PRESIDENT
ATTEST:
V
VILLAGE CLEkK
EXHIBIT A '
That part of the North one -half (1/2) of Section
4, Town 42 North, Range 12, East of the Third.
Principal Meridian, described as: Commencing
at the Southwest corner of Downey's Cook County
Country Home Addition to Deerfield, being a
subdivision of part of the North one -half (1/2)
of said Section 4, and running thence South 250
13 minutes, 30 seconds Last along the Easterly
right -of -way line of Chicago, Milwaukee, St.
Paul and Pacific Railroad- 365.03 feet to its
point of intersection with the Northerly right-
of -way line-of the Northern Illinois Toll-High-
way; thence South 590 08 minutes 30 seconds East
along said Toll Highway Nlortherly right -of -way
line 1259.80 feet; thence North 850 48 minutes
35 seconds East 855.62 feet to a point of
intersection with the-Westerly line of Waukegan
Road (said Westerly line being 33.feet Westerly
of, 'measured perpendicul_rly and parallel with
the center line of said .road, as occupied);.
thence North 270 07 minutes 05 seconds West along
said Westerly line 1028.59 feet to its point of
intersection with the South line of said Downe}�Is
Subdivision extended easterly; thence South 89 ,
56 minutes 30 seconds wept along said Easterly
extension and said South line of said subdivision,
1621.44 feet to the .,ace of beginning, in Cook ,
County, Illinois,
5517B
October 18, 1982
AGREEMENT
THIS AGREEMENT entered into this 2_!�11-day of
1982; by and between JOSEPH E. VALENTI, JR., as agent for and on
behalf of DEERBROOK SHOPPING CENTER ( "Deerbrook "), CHARLES BUCCOLA,
as agent for and on behalf of LAKE -COOK PLAZA SHOPPING CENTER ("Lake -
Cook Plaza ") and the Village of Deerfield ( "Village ") an Illinois
Municipal Corporation.,
W I T N E S.S E T H:
WHEREAS, the parties recognize the desirability of providing
increased vehicle and pedestrian access between Deerbrook and Lake-
Cook Plaza; and
WHEREAS, the. parties wish to specify the extent of said
access and to further regulate the nse thereof in the manner set
forth below; and
WHEREAS, Lake -Cook Plaza and Deerbrook wish to provide the
Village with the appropriate assurances that the improvements
hereinafter described will be completed in a timely manner.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained it is agreed by and beteween the parties hereto as
follows:
1. Access between Deerbrook and Lake -Cook Plaza will be
limited to a Police and emergency vehicular connection at the far
southeast corner of Lake -Cook Plaza on the South property line. The
access shall be 10' wide, of asphalt or concrete construction and
shall also have curb and gutter, proper posts and signage all as
depicted in the drawing prepared by Donald E. Manhard and Associates,
dated October 1,.1982. and made a part hereof... Deerbrook shall bear...
all costs of this improvement.
2. Deerbrook agrees to remove the.stockade fence at the
far northwesterly portion of Deerbrook from its northerly point to a
point 10' north of the Osco Drug Store and sha�1 also provide a
pedestrian path 3' in width along w.ith appropriate barriers to
prevent vehicular traffic from crossing at this location. The cost
of-these improvements shall be borne equally by Deerbrook and
Lake -Cook Plaza.
3. Lake -Cook Plaza shall remove approximately 20' of the
existing pavement at its south property line and shall install a 6"
high curb in alignment with its east -west curbing at that-location
and shall plant grass and trees to prevent thru traffic between
Lake -Cook Plaza and Deerbrook at,that location. The expense of this
improvement shall be borne by Lake -Cook Plaza,
4. The parties agree to enter into a contract for Police
enforcement services to enforce the prohibition against non- emergency
vehicles using the new access drive described in Section 1 as well
as unpermitted access across the south property line described in
the immediately preceding section.
5. It is further agreed that if either Lake -Cook Plaza or
Deerbrook can establish the public use of the police and emergency
-2-
connection described in Section 11 either has the right mutually or
individually to install an electrically controlled barrier for
exclusive use by Police and emergency vehicles..
6. Lake -Cook Plaza and Deerbrook shall each make their
best effort to complete all of the above described improvements
prior to December 1, 1982, but in no event shall the improvements be
completed later than April 1,-1983.
7. Lake -Cook Plaza and Deerbrook each agree to obtain the
signatures of any other parties having an .own er ship interest in
either of the two shopping centers as may be required to effectuate
the terms of this Agreement.
IN WITNESS WHEREOF, the Parties have set their hands and
seals as of the day and year first above written.
LAKE-COOK PLAZA SHOPPING CENTER
By
HARLES BUCCOLA
VILLAGE OF DEERFIELD
MAYOR
_ _3_
DEERBROOK SHOPPING CENTER
By
JOSEPH E. VALENTI, JR.
VILLAGE �eLERK