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O-85-24ORDINANCE NO. 0 -85 -24 AN ORDINANCE APPROVING A PLANNED DEVELOPMENT OF 100 FAIRVIEW AVENUE Published in pamphlet form this 6th day of May , 1985, by the President and Board of Trustees of Deerfield. ORDINANCE NO. 0 -85 -24 AN ORDINANCE APPROVING A PLANNED DEVELOPMENT OF 100 FAIRVIEW AVENUE WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public hearing on the application of OLAV MATHISEN for the approval of a single - family residential planned development of certain real estate hereinafter described and classified in the R -1 District under the Zoning Ordinance of the Village of Deerfield; and WHEREAS, said hearing was held pursuant to duly authorized 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, recommended that said planned development be approved subject to certain conditions and restrictions. 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 single- family planned development of ONE: the real estate legally described on Exhibit A attached hereto and made a part hereof and as set forth and described on the attached plan of development and final plat of resubdivision, which plan and plat of resubdivision are made a part of this Ordinance, be and it is hereby approved subject to the conditions and restrictions hereinafter set forth. SECTION That the approval of the planned development is TWO: conditioned upon the owner executing a certain Restric- tive Covenant Agreement requiring the r— 64toval ,of an existing structure prior to issuance of a building permit. SECTION That the approval of the planned development hereby THREE: given is subject to the further condition that except as otherwise provided in this Ordinance the owner comply with all requirements of the Village Code of the Village of Deerfield necessary for the approval of said final plat. SECTION That the Village Clerk is hereby directed to publish FOUR: this Ordinance in pamphlet form. SECTION That this Ordinance shall be in full force and effect FIVE: from and after its passage, approval and publication, as provided by law. AYES: Marovitz, Rosenthal, Seidman, Swanson, York (5) NAYS: None (0) ABSENT: Marty (1) PASSED this 6th day of Mav A.D., 1985. APPROVED this 6th day of May A.D. , 1985. ILLAGE PRE ATTEST: FJ &VJ- 23544 ' 22 RESTRICTIVE COVENANT AGREEMENT' WHEREAS, the undersigned, OLAV MATHISEN, is the holder of record title to the real estate legally described on Exhibit A �Pe IN, attached hereto and made a part hereof and commonly known as 100 Fairview Avenue; Deerfield, Illinois; and, WHEREAS, the undersigned, in order to induce the corporate authorities of the Village of Deerfield to grant a Special Use - Planned Residential Development and Resubdivision of the above- described property under the terms of said Village's Zoning Ordinance and Subdivision Control Ordinance, is wiling to impose the following covenants and restrictions upon the use of said real estate; NOW, THEREFORE, the undersigned for himself, his successors, assigns and grantees does hereby irrevocably covenant with the Village of Deerfield; Illinois, a municipal corporation, that the use of the above - described real estate shall be restricted in the following manner: A) The Resubdivision of the above - described real estate shall substantially conform in all respects to the Final Plat of Resubdivison prepared by Douglas'Lloyd Howard, a registered Illinois Land Surveyor dated April 10, 1985, copies of which have been filed with the corporate authorities of the Village of Deerfield. ' B) No building permit application for construction of improvements on the real estate will be presented to the Village'of Deerfield prior to the removal of the existing residential structure L— a which currently exists on each of the two lots included in the. Resubdivision. The above covenants of the undersigned shall run with the land and shall be binding upon the undersigned, his successors, assigns and grantees aqd all parties claiming by, through or under them and shall be construed as real covenants running with the land. These covenants shall run to the benefit of the Village of Deerfield, Illinois, which may enforce their terms by an appropriate form of action at law or in in any court of competent jurisdiction and said covenants may only be released, amended or varied by action of the corporate authorities of the Village of Deerfield. r OLAV MATHISEN STATE OF ILLINOIS ) SS COUNTY OF L A K E ) I, a Notary Public in and for and residing in said County, in the State aforesaid, DO HEREBY CERTIFY THAT Olav Mathisen, who is personally known to me'to be the same person whose name is subscribed to the foregoing instrument, apeared before me this day in person, and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official sea] 1985. Commission expires/e,,-'- r r u EXHIBIT A MacNair's Resubdivision, being a Subdivision of Lot 2 in Mathisens Resubdivision of Lot 55 in J. S. Hovland's First Addition to Deerfield, a Subdivision of the South West Quarter (except the Northwest Quarter of the North West Quarter thereof) of Section 32, Township 43 North, Range 12, East of the Third Principal Meridian, according to the Plat thereof, recorded May 6, 1976, as Document 1765460, in Book 56 of Plats, page.l, in Lake County, Illinois. i3+ gu 0311 OF ILLINOIS ) ZES OF LAKE AND COOK ) SS M 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 -85 -24 ENTITLED "AN ORDINANCE APPROVOING A PLANNED DEVELOPMENT OF 100 FAIRVIEW AVENUE" passed by the President and Boatd of Trustees of the said Village at a regular meeting thereof held on MAY 6, 1985 and now in full force and effect, all as appears in the records and files of the office of the Village Clerk. Dated this MAY 7, 1985 .� Naomi S. Cla ltt Village Clerk SEAL ORDINANCE NO. 0-85 -24 AN ORDINANCE APPROVING A PLANNED DEVELOPMENT OF 100 FAIRVIEW AVENUE WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public hearing on the application of OLAV MATHISEN for the approval of a single - family residential planned development of certain real estate hereinafter described and classified in the R -1 District under the Zoning Ordinance-of the Village of Deerfield; and WHEREAS, said hearing was held pursuant to duly authorized 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, recommended that said planned development be approved subject to certain conditions and restrictions. NOW, THEREFORE, BE IT OF.DAINED BY THE PRESIDENT AND BOaRD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION That the proposed single - family planned development of ONE: the real estate legally described on Exhibit A attached hereto and made a part hereof and as set forth and described on the attached plan of development and final plat of resubdivision, which plan and plat of resubdivision are made apart of this Ordinance, be and it is hereby approved subject to the conditions and restrictions hereinafter set forth. SECTION That the approval of the planned development is TWO: conditioned upon the owner executing a certain Restric- tive Covenant Agreement requiring the removal of an existing structure prior to issuance of a building permit. SECTION That the approval of the planned development hereby THREE: given is subject to the further condition that except as otherwise provided in this Ordinance the owner comply with all requirements of the Village Code.of the Village of Deerfield necessary for the approval of said final plat. SECTION That the Village Clerk is hereby directed to publish FOUR: this Ordinance in pamphlet form. i SECTION , That this Ordinance shall be in full force and effect FIVE: from and after its passage, approval and publication, as provided by law. AYES: i Marovitz, Rosenthal, Seidman,'Swanson, York (5) NAYS: None '(0) ABSENT: Marty (1) PASSED this 6th day of May A.D. , 1985. APPROVED this 6th day of May A.D., 1985. VILLAGE PRESIDENT ATTEST: EXHIBIT A MacNair's Resubdivision, being a Subdivision of Lot 2 in Mathisens Resubdivision of Lot 55 in J. S. Hovland's First Addition to Deerfield, a Subdivision of the South West Quarter (except the Northwest Quarter of the North West Quarter thereof) of Section 32, Township 43 North, Range 12, East of the Third Principal Meridian, according to the Plat thereof, recorded May 6, 1976, as Document 1765460, in Book 56 of Plats, page 1, in Lake County, Illinois. OVER SIZE DOCUMENT (PULLED FROM THIS LOCATION) GORDON TERRACES STATE OF ILLtNOIS) a rarxfmr J.'nc af'ra�d � _ } COUNTY OF LAKE 4a 8 This is to certify that the undersigned is the sole I . owner . of the land described in the annexed "plat,, and . STATE OF LLId 41S} that no other person has any right, title or• imerest «. in said Iatnd, and that he has caused the same to be C IId TY LAKE surveyed and subdivided as indicated thereon for the use and purposes- the rein set forth, and does hereby L acknowledge and adopt he same under the title thereon ,. l„ Li ; lanuzi , Hess, County Clerk of Lake County, . 1 1 l i not s, do hereby cent i f p t that the►Q are no- es general taxes, no unpaid current general taxes, indicated. no unpaid forfeited tapes and no redeemable tax sates MATED this day of 4.P., 19R5., I ! a, ga i-nst Any of the. land included in the annexed plat f rth eo, mortify that I have received all statutory fees in connection with fees in + c+rtne+ Lion with the annexed plat. O l av E. Mat hi sen Give nder d M seal of the County Clerk of Waukegan, Illinois this ca y of f han a A.D., 193 w STATE OF ILLINOIS) E 6 , a Of LAKE COUNTY County C 1 erkr Lake +; punt y, 11 1 i no i s 1, a scat ary Public inand { for said County, in the State aforesaid, Flo hereby TATf` OF ILLINOIS) � � c�rti�f that - � " c►ersonal l _ y ..�...- ....:�:. ... y .. known to me to be the same person whose name; i s COUNTY D LAKE AND COOK subscri bed to the foregoi nq i nstrumc as such cawner, q< rcav d b the Y'i 1 la a Engineer of the Yi Rage of Deerfield, Lake "and Cook appeared before me this day in person and ack�now- Pp Y g (ecd,, ed that he signed and delivered the annexed n 1 at l"ourty* 1 I I i no: s this of d? e� A.Cl., 1q5 j as his own free and voluntary act for t ahe uses and \ ,r Purposes therein set for-+h. i•l" t g Enq i n�er, lee f e Id, l l t i no s Given under my hand and Notarial Sea!, this "! .r1 �...�. day of = � A at . �> STATE OF, 1LL140IS Illinois, S.S. ,i COUNTY OF LAKE AND COOK) '(SEAL) ! Approved' by the Prey i dent and 13csard' of Trustees of t;he V i I I age of ©eerf i e 1 d �. Lake arid: Cook Court , l 11.i no s at meet.i n he f c# on t Me Cep da►v cif Notary pc► ! i;, I _ EASEMENT PROV 1Sl�N _ pre i den t �. t is hereby reserved and granted to ti,e i 1 Iacne of ')eerfi,eId Easement and to tlacs+epublic ut 1 i t y com:c�ar► es ooer-at i n uscfee franchs se from _ ViIIage Clerk . the, Vi Marge of Deerfield, including E�ut .not l fff tecl_ to the Itlinois Efet I Telephone Cotmpany, Commonwealth Edison Cot oanv, Omni com of I Ii i not and North Shore Gas Company and their resoe+ctiv+e successors arfA STATE OF iLL1N4IS assigns f`or the perpetual right, or iv; lr►ge an author-ity to construct, ra.S etainthin and operate yetipus ut;iIiter #ransa is_,ican and ctistyih "utian C ®UNT:Y a LAKE AND COOKS csystems, i nc I udi nq but not limited to storm and 'or' &A i t ary sewers and a I I. n cessar manho l es and catch bas i n vats I is e lectr i ca l roved is the Plan Commission of the Y t I age f Deerfield, Lake and Cook ?" r ARP y f A.Q* 1985. and communications conduits, cables wires.,. ",, stals, tr�arisfor rsr Count:yr 11, Iino,Is this day o e q.as mat ns, water tines and a l l lather eott i aanc4 aorwurtenances �. a ; be de d neces or to cf rr F y _ _. y .____ _ �► a ± v _ a.l.o Under _ ( .. _. __ s , 1 and through said i ncdi sated easements toge�t per �w # h r i arht of a,cc:+e"' ha i r an of PI an Comm s "s i can across the property for necessary men and equipment to dcs 'any of Deerfield lI i pis work. Location of utiIity installations Wit"i the ease- vent above tvo vent sha I I be subject to the aporova I of the V i t lade of Oeerf i e I d as to. design and Iocaticara. All instal- 1ations awe strb_iect to the of t o lI q o r I _ ec etar f Pd am Commission ordinances h Vj a,e f wee fie cd �., Meer f ie l d, Illinois - STATE ; OF ILLI N013 Soso, 1 COL[NTY, OF LAKE AND COOK rtd no deferred r nst'a I t (Rents of out.stan i ng unpa i d sues i a I assessment e n d u a t the land included in the plat hereon drain this It'_ 0-3, of ,.�„...�.,...�... A.Q., 198 v 4 - It-Douglas Lloyd Howard, a Re±q i stered 1 I ": no s Land us- e ter, viIla_+e Collector, Deerfield, ldlereors certify. this subdivis on i not situated witSi-I 1°ive t°un4r -+ed feet of a surface drain or water course sereinq..a tri�utary area of 640 acres or more. �.-- . Re16 I l alt Srvearc