R-80-03a a
RESOLUTION NO. R-80 -03
!' RESOLUTION APPROVING ANNERATION AGREEMENT BE`!`i4EEN
THE VILLAGE OF DEERFIELD AND LASALLE NATIONAL BANK
c OF CHICAGO AS TRUSTEE Utdli%R TRUST N0. 44913
WHEREAS, LASALLE NATIONAL BANK OF CHICAGO AS TRUSTEE UNDER TRUST NO. 44913,
is the owner of record of certain real estate, the legal description of which
is set forth in the attached Annexation Agreement; and
WHEREAS, pursuant to the provisions of Section 11- 15 -1.1, et seq., of the
Illinois Municipal Code, said owner submitted to the Corporate Authorities of
the Village of Deerfield a proposed Annexation Agreement with respect to its
real estate, a copy of which Agreement is attached hereto and made a part
hereof; and
WHEREAS, pursuant to notice as required by statute and ordinance, a public
hearing was held by the.Plan Commission of the Village with respect to the
request of said owner to zone its property in the I -1 Office, Research,
Restricted Industry District and to amend and modify the Village Zoning
Ordinance in various respects so as to permit the development of real estate
in the manner proposed in the attached Annexation Agreement and Exhibits
attached thereto and made a part thereof, specifically including a tentative
plat dated February 5, 1980, prepared by Rolf C. Campbell & Associates, Inc.,
and written findings of fact and recommendations with respect thereto were
made by said Plan Commission and submitted to the Corporate Authorities; and
WHEREAS, pursuant to'notice as required by statute and ordinance, a public
hearing was held by the Corporate Authorities of the Village with respect to
the terms and conditions of said Annexation Aareement; and
WHEREAS, the Corporate Authorities, after due and careful consideration,
have concluded that the annexation of the subject property to the Village on
the to and conditions set forth in said attache? Annexation Agreement would
f ur6lvL the growth of the Village, enable the Village to control the develop-
ment of said property and subserve the best interests of the Village.
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 Annexation Agreement between the Village of Deerfield
ONE: and LaSalle National Bank of Chicago as Trustee under Trust ldo.
44913, a copy of which is attached hereto and made a part here-
of, be and the same is hereby approved.
SECTION That the President and Cleric of the Village of Deerfield are
TWO: hereby authorized and directed to execute said Agreement..
AYES: Gavin, Heisler, Marty, Seidman, Swanson, York (6) r
NAYS: None (0)
._.. ...
ABSENT: None (0) _ r
PASSED this 18th day of February A.D., 1980. �(J
APPROVED this 1.8th day of February A.D., 1980.
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• �i1.w� � �G.�- �s�,✓� tom/
VILLAGE PRESIDENT PRO TEM
ATTEST:
VILLAGE CLERK
by
DEPUTY CLERK
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STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK )
VILLAGE OF DEERFIELD )
The undersigned hereby certifies that she is the duly appointed and acting
Deputy Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and
that the attached is a true and accurate copy of Resolution No. R -80 -03 entitled
"RESOLUTION APPROVING ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF DEERFIELD AND
LASALLE NATIONAL BANK OF CHICAGO AS TRUSTEE UNDER TRUST NO. 44913," passed by the,
President and Board of Trustees of the said Village at a regular meeting thereof•
held on the 18th day of February, A.D. 1980, and now in full force and effect,
all as appears in the records and files of the office -of the Village Clerk.
Dated this 19th day of February, A.D. 1980.
,. .• � Naomi S. Clampitt
:' s; -`• Deputy Clerk
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SEAL,
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ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this day of
1980, by and between the VILLAGE
OF DEERFIELD, ILLINOIS (sometimes for convenience hereinafter
referred to as "Village "), by and through the President and
Board of Trustees thereof (sometimes for convenience -hereir_af ter
collectively referred to as the "Corporate Authorities "), and
LaSALLE NATIONAL BANX O-,: AS TRUSTEE UNDER TRUST AGREEMENT
DATED OCTOBER 30, 1972, KNOWN AS TRUST NO.. 44913, and the bene-
ficiaries of said Trust who.are as follows:
W. CLEMENT STONE 25% interest
JESSIE STONE 25% interest
J. EMIL ANDERSON & SON, INC. 32.5% interest
BRANDEL REALTY COMPANY 17.5% interest
(sometimes for convenience hereinafter collectively.referred to
as the "Owners").;
W I T RE S S E T H:
WHEREAS, the.Owners are owners of record of the real astate
consisting of 65.84 acres as described in Exhibit "A," which is
attached hereto and made a part hereof (which real estate for
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convenience amay hereinafter be .referred to in its entirety as the
"Subject Property "), and which real estate is presently not within
the corporate limits of any municipality, but is contiguous to
the corporate limits of the Village of Deerfield; and
WHEREAS, the Owners desire and propose to annex the Subject
Property to the Village and develop said property, or cause it to
be developed, pursuant to the provisions .and regulations applicable
to Article 6,-Section 6.1, I -1 Office, Research, Restricted
Industrial District of the "Deerfield Zoning Ordinance 1978," as
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amended, and in accordance with a site plan entitled "make -Cook
Industrial Park" prepared by .golf C. Campbell Associates, inc.,
as Project No. 26030, dated as revised February 5, 1980, and
marked "Tentative ?!at," which is attached hereto and made a
part hereof as S:chibit "3" ; and
WHEREAS., the owners, after full consideration, recognize the
many advantages and benefits resulting from the inclusion of
the proposed development as an integral part of the Village of
.Deerfield, and, therefore, they desire to have said real.estate
annexed to said Village upon certain terms and conditions as
hereinafte =l set forth; and
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WHEREAS,. the Corporate Authorities', after due and careful
consideration, have concluded that the annexation of said real
estate to the Village on the terns and conditions hereinafter
set forth would further the growth of the Village, increase its
tax assessable values, enable the Village to control the develop-
ment of the subject area and subser're the Dub11C interest Of the
.Village; and
W" IRZAS, pursuant to the orovJ. sions of Sections 11- 15.1 -1,
a� seq., bf the TllLaois .Hunicical Code (C.h. 2a, 5311- 15.1 -1,
et 3ea., :ll.:.ev•Stat. 1977, as amended), a oroposed Annexation
Agreement, in substance and in form being the same as this Agree-
ment, wAs submitted tO the Corporate Authorities and a nuiJ' li c
hearing was held" t�.e =ecn pursuant to notice as provided by
statute a_:d ordi ante, and
WTEEMIS , p ursuar_t to once as recuired by sta tote and .
Ordinance, oubl? C leavings have been held by the Plan Commission
Of th e Village On "I..:;e requested zon -ing classification of the
Subject Property as I -1 0 =_ic Research, Zestricted industrial
District subject to the taus of this Agree_^ient, and =acc=enda-
tions made by said ? Lan Ccf _Js s-Jon have been subs_ t ted to the
Corporate Author itias ;
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NOW, THEREFORE, in consideration of the premises and of the
mutual covenants and agreements herein contained, IT IS HEREBY.
AGREED BY AND BETWEEN THE PARTIES HERETO 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 (Ch.24, § §11- 15.1 -1, et seq., I1l.Rev.
Stat. 1977, as amended).
2. The Owners have filed with the Village Clerk a proper
Annexation Petition conditioned upon the execution by the Village
of this Agreement, in accordance with the terms and provisions
contained herein, to annex the Subject Property to the Village.
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3. The Corporate. Authorities, immediately upon the execu-
tion of this Agreement, will enact an ordinance annexing the
Subject Property to the Village.
4. Immediately after the passage of said ordinance annex-
ing the Subject Property as provided in Paragraph 3 hereof, the
Corporate Authorities shall adopt an ordinance or ordinances
zoning and classifying the Subject Property as I -1 Office, Re-
search, Restricted Industrial District, subject to the ordinance
provisions of said zoning classification and the provi -)ions of
this Agreement.
5. That at any time hereafter, Owners reserve the right to
apply for a Planned Unit Development or Developments, or Special
Uses, pursuant to the provisions and regulations of Section 6.1,
I -1 Office, Research, Restricted Industrial District, of said Zoning
Ordinance, for such portion or portions of the Subject Property as
Owners shall determine; subject, among other things, to the appli-
cation therefor meeting the standards and requirements provided
for Planned Unit Developments or Special Uses under said Zoning
Ordinance, including hearing procedures required preliminary to
the granting thereof..
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6. As indicated on said "Tentative Plat` (Exhibit "B "),
Owners agree to construct and install, in accordance with Village
Ordinances, standards and requirements, a 28 -foot frontage access
road within a 60 -foot street dedication, parallel to Lake Cook
Road, in stages, from time to time, as the Subject Property is
developed and access thereto and therefrom is required. Such
frontage access road shall not be considered a street for
vehicular parking purposes in connection with the zoning ordinance
provision prohibiting parking within t e required front or side
yards adjoining a.street. Owners further agree to construct
and install on the Subject Property, in accordance with Village
ordinances, standards and requirements,.such streets as may be
required to serve the building and improvements hereafter erected
and installed thereon. Upon "completion of any such streets, from
time to time, including said frontage access road, Owners shall
dedicate same as public streets and pass title thereto to the
Village by appropriate legal documents and thereafter the Village
shall have jurisdiction thereof. Provided, however, should the Cdt
Village determine that such streets are to be private streets,
the Owners agree to.'acceed to the Village's decision in this
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respect.
7. Prior to the issuance of any building permit by the
Village for any structure to be erected on the Subject Property,
Owners shall have obtained requisite permits from the Illinois
Environmental Protection Agency authorzing the connection of
the proposed building facility to the Village',s sanitary sewer
system.
S. It is understood and agreed that all on -site sanitary
sewers, storm.sewers and /or water retention areas and water mains
necessary to serve the Subject Property shall be constructed And
installed at the expense of Owners, their-successors and assigns,
in accordance with Village ordinance requirements and the plans
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and specifications therefor are.subject to the approval of the
Village Engineer. That Owners shall have the right to connect
such on -site mains to the most proximate existing Village water
supply and sewer outlet mains presently available to serve the
Subject Property.. If the connection to any such mains is subject
to .a Contribution in Aid of Construction Agreement heretofore
entered into by the Village with third parties, Owners agree to
pay such connection fee or fees based upon the contribution form-
ulae contained in such Agreement.'
9. Except as otherwise expressly provided in this Agreement,
all aspects of the development, including building construction
and use of the Subject Property and the construction, building
and' installation of improvements and facilities thereon, includ-
ing traffic signalization, both on -site and off -site, shall
comply with all applicable Village ordinances, codes and
regulations.
10. All ordinances of the Village relating to zoning, sub-
division control, building, and related ordinances in effect as
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of the date hereof, shall, insofar as they may apply to the .k
Subject Property, continue in effect during the full term of Cli
this Agreement, with the exception of amendments updating the CJ
Village's Building Ordinances and other related techinical codes
or ordinances. The Owners hereby recognize and acknowledge the
validity and.constitutionality of the present Zoning and Subdi-
vision Control Ordinances of the Village.
11. There presently is question as to whether so- called
"Huehl Road," which lies adjacent to the Subject Property, on
the west side thereof, is a duly dedicated roadway or street. In
the event that it is determined that Huehl. Road is a dedicated
roadway or street, or the Village determines that it should be so
declared thereafter and elects to cause same to be condemned for
street purposes and improved by a special assessment or special
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district proceeding or otherwise, the Village has indicated that
as said roadway intersects with Lake -Cook Road, it should be.re-
aligned, proximate to such intersection, so that it aligns with
and meets the nearby Birchwood Road intersection with Lake -Cook
Road, as shown on.said Owners' Tentative Plat of Development
hereinabove referred to as Exhibit "B." Owners agree to dedicate,
within sixty (60) days hereafter, for present or future ( Huehl)
roadway purposes,. such land as may be needed_to achieve such re-
alignment, substantially as indicated on said Exhibit "B."
12. Building set back lines and permitted vehicular parking
therein, if any, shall be as set forth and indicated on said
Tentative P,,lat of Development, hereinabove referred to as
Exhibit "B.."
13. Owners agree to contribute their fair and equitable
share of the cost, as determined by the Village on the basis of
benefit, impact and use, of traffic signalization that may be
required at the intersection of Lake -Cook Road and Huehl Road,
as realigned,. including such geometric street realignment as may
be required by reason of such installation,. and the total cost
of signalization and street realignment that may be required at
the intersection of Lake -Cook Road and Pine Street, i_-I.' such sig-
nalizations, or either of them, are deemed warranted and approved
by appropriate State Authorities. Owners' liability for such
contributions shall be limited to the.term of this.Agreement or
any extension thereof..
14. The Owners agree to annex to the Deerfield Park District
with one hundred twenty (120) days hereafter any portion of the
Subject. Property that is not presently within the corporate 1L-nits
of another Park District.
15. This Agreement shall be binding upon the parties hereto,
their respective successors and assigns, for the full statutory
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term of ten (10) years, commencing as of the date hereof, and
for such further term as may hereafter be authorized by statute
or ordinance of the Village as a home rule municipality.
16. The Village shall grant the Developer the necessary
public way easements, without charge,.and such permits as may
be required across Village owned or controlled property for the
construction, installation, maintenance and repair of customary
utility mains and other facilities and services that are required
for the subdivision improvement and development of the Subject
Property. The Developer agrees to repair and replace any Village
RIDER.A.T.-T_kCHZ,D . .TO AN, D-. �aDE A PART OF D.00'T --,N '.\ -r
DATED4ITl� U` -DER TRUST N0.
� This instrument is executed by LaSALLE NATIONAL °�:X
� L ,. not DerSOnally
but solely as Trustee, as aforesaid, in the ex=ercise of the power and
authority conferred upon and vested in it as such Trustee. All the
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terms. provisions, stipulations, covenants and conditions to be performed
by LaSALLE NATIO \AL 2ANK are undertaken by it solely as Trustee,. as
Paforesaid, and not individually and all statements herein made are
-made on information and belief and are to be construed accordingly,.
O and no personal liability shall be asserted or be enforceable against
H LaSALLE :ATIO'AL BABY by reason of any of the terms, provisions,.
Stipulations, n
, cov_ ants and /or statements contained in this ir.str-u,;,ent.
In ' FOR�1 ,CC 0421
and the corporate seal affixed hereto, all on the day and year
first above written.
_0T De ,x 714 VILLAGE OF DEERFIELD, ILLINOIS
•`r' -, y J` i�o wA Ig aa00 a � • A•` 1 •
`� Village President
a AtT T t
De uty" 1 k LaSALLE NATIONAL BANK
AS TRUSTEE UNDER TRUST AGREEMENT
(SEAL] DATED OCTOBER 30, 1972, KNOWN AS
TRUST NO. 44913,
ai :l ,L �� • �� :�tty
ATTEST.: ,A�Oi�t�
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EXHIQIT A
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THAI' PART OF THE EAST OF GOVERNMENT LOT 2 OF THE NORTHWEST r OF
SECTION 5, TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ALSO THE WEST � OF GOVERNMENT LOT 2 OF THE NORTHEAST k OF
'
SAID SECTION 5 AND ALSO THE SOUTH 200.00 FEET OF THE NORTH 1073.00
FEET OF THE WEST 3 ACRES OF THE NORTHEAST k OF THE NORTHEAST k OF
SAID SECTION 5, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST
CORNER OF THE NORTHWEST k OF SAID SECTION 5; THENCE WESTERLY ALONG
THE NORTH LINE THEREOF TO THE NORTHWEST CORNER OF THE NORTHEAST k OF
I
THE NORTHWEST k OF SAID SECTION 5, (BEING ALSO THE NORTHWEST CCRNER
OF THE EAST I OF GOVERNMENT LOT 2 OF THE NORTHWEST k OF SAID SECTION
•
S); THENCE SOUTHERLY A DISTANCE OF 1088.8 FEET ALONG THE WEST LINE OF
SAID NORTHEAST.% OF THE NORTHWEST k OF SECTION S TO A POINT; THENCE
EAST ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 27 MINUTES 00 SECONDS
•
AS MEASURED FROM NORTH TO EAST WITH THE LAST DESCRIBED COURSE TO THE
.
P0114T OF INTERSECTION WITH THE EAST LINE OF THE WEST 1 OF GOVERNMENT
LOT 2 OF THE NORTHEAST k OF THE AFORESAID SECTION S; THENCE NORTHERLY
2.25 FEET ALONG SAID EAST LINE TO THE SOUTH LINE OF THE NORTH 1073
FEET OF THE WEST 3 ACRES OF THE NORTHEAST k OF THE NORTHEAST k OF SAID
SECTION S; THENCE EASTERLY 98.73 FEET ALONG THE'SOUTH LINE OF SAID
NORTH 1073.0 FEET TO THE EAST LINE OF SAID WEST 3 ACRES; THENCE NORTH -
ERLY,.200.00 FEET ALONG SAID EAST LINE TO A POINT; THENCE WESTERLY
-
ALONG A LINE PARALLEL WITH THE NORTH LINE OF THE NORTHEAST k OF SAID
•
SECTION S, 118.73 FEET TO THE POINT OF INTERSECTION( WITH A LINE DRAWN
20.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF GOVERNMENT LOT 2
OF THE NORTHEAST k OF SAID SECTIONS; THENCE NORTHERLY ALONG SAID
PARALLEL LINE, 873.00 FEET TO THE NORTH LINE OF THE NORTHEAST k OF
SAID SECTION S; THENCE WESTERLY ALONG SAID NORTH LINE TO THE PLACE OF
BEGINNING, EXCEPTING THEREFROM THAT PART THEREOF LYING SOUTHWESTERLY
"
AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: CCMAENCING AT THE
SOUTHWEST CORNER OF THE NORTHEAST .OF THE NORTHWEST k OF SAI.. SECTION
S; THENCE NORTH 228.5 FEET ALONG THE WEST LINE OF SAID QUARTER QUARTER
SECTION; THENCE EAST A DISTANCE OF 1219.65 FEET ALONG A LINE FORMING
AN ANGLE TO THE RIGHT OF 89.27 FEET WITH THE PRECEEDING LINE EXTENDED
�.
TO THE POINT OF. BEGINNING; THENCE NORTHWESTERLY A DISTANCE OF 101.1
FEET ALONG A LINE FORMING AN ANGLE TO THE LEFT OF 171 DEGREES 28
is:
HINUTES 09 SECONDS WITH THE PRECEEDiNG LINE EXTENDED; THENCE WEST A
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DISTANCE OF 1119.65 FEET ALONG A LINE FORMING AN ANGLE TO THE LEFT OF
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•8 DEGREES 31 MINUTES 51 SECONDS WITH THE PRECEEDING LINE EXTENDED TO'
THE WEST LINE OF THE NORTHEAST k OF THE NORTHWEST % OF THE AFORESAID
_
SECTION S, ALSO EXCEPTING THEREFROM ANY PART THEREOF PREVIOUSLY ANNEXED.
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TO THE VILLAGE OF DEERFIELD, IN COOK COUNTY, ILLINOIS.
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