Loading...
O-92-15•\y 345 10 1 2 LAY,E CO Lli <Q�5 STATE OF ILLINOIS Nil 1 . 37 COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) The undersigned hereby certifies that he 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 -92 -15 as appears in the records and files of the office of the Village Clerk. Dated this April 8, 1992 000t ao a 20. y S J.c p }, Drill �. ✓� // �/ III _J4 dB r Village Clerk 4 ORDINANCE NO. 0 -92 -15 WHEREAS, Glenview State Bank, as trustee under Trust No. 3280 (hereinafter "Owner "), is the owner or party interested in the property described as follows: Lot 131 (except the West 92.0 feet of the North 118.0 feet thereof and except the North 137.0 feet of that part of said Lot lying East of the West 92.0 feet thereof) and Lot 132 (except the East 71.0 feet of the North 135.0 feet thereof and except the North 137.0 feet of that part of said Lot lying West of the East 71.0 feet thereof) and Lots 137, 138, 139 and 140 (except part taken for road) in the Subdivision of J.S. Hovland's First Addition to Deerfield, a Subdivision of the Southwest Quarter (except the Northwest Quarter of. the Northwest Quarter thereof) of Section 32, Township 43 North, Range 12, East of the Third Principal Meridian in Lake County, Illinois_(hereinafter "Subject Property "). and will.cause to be constructed by private contract and will pay the cost thereof of underground and surface improvements, consisting in whole or in part of water main extensions, sanitary sewer extensions, storm sewer extensions and sidewalks, curb and gutter, street acquisition and street pavement on and to certain portions of Country Lane in said subdivision in the Village of Deerfield; and WHEREAS, said improvements to be constructed will be available to and will be of benefit to adjoining and adjacent properties described as follows: Lots 133 and 134 in the Subdivision of J.S. Hovland's first addition to Deerfield, a Subdivision of the Southwest Quarter (except the Northwest Quarter of the Northwest Quarter thereof) of Section 32, Township 43 North, Range 12, East of the Third Principal Meridian, in Lake County, Illinois. WHEREAS, the Village of Deerfield is a home rule municipality pursuant to the 1970 Illinois Constitution, Section 6. 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 ONE That no person, firm or corporation, excepting the owner and its successors and /or assigns shall connect to or obtain service (except for fire protection) from the sanitary sewer, the water main, or the storm sewer to be 3151 ®12 + ORDINANCE NO. 0 -92 -15 constructed and installed by the Owner, in the extension of Country Lane between Wilmot Avenue on the west and the existing right -of -way of Country Lane (approximately 485 feet. east of Wilmot Avenue) without first obtaining a permit for such connections or service. No such permit shall be issued unless the applicant shall give evidence to the Village of Deerfield of payment to.Owner, or its designated successors and assigns, of such person's, firm's or corporation's proportionate share of the cost of such improvement, as stated below, together with compound interest of nine (9 %) percent per annum starting on the effective date of this Ordinance. A. The proportionate share of all of the underground utility costs shall be apportioned on a "per lot" basis and determined by multiplying the actual costs for the underground improvements times a fraction, the numerator of which is the number of lots seeking to gain access to Country Lane, and the denominator of which is the total number of lots capable of being constructed within Lot 131 (except the west 92 feet of the north 118 feet thereof and except the north 137 feet of that part of said lot lying east of the west 92 feet thereof) , Lot .132 (except the east 71 feet.of the north 135 feet thereof and except the north 137 feet of that part of said lot lying west of the east 71 feet thereof), Lot 133, 134, 137, 138, 139 and 140 of J. S. Hovland's First Addition to Deerfield. B. The actual costs of all of the street improvement, including but not limited to road construction, street lights, sidewalks, curb and gutter, seeding and parkway trees located on the property seeking to connect to the Village of Deerfield utilities plus a fraction of the total street improvement costs, said fraction being the same as set forth in subparagraph A. above. C. The proportionate share of soft costs, including but not limited to engineering fees, permit fees, inspection fees, tree cutting, the testing of the water system, etc. attributable to the underground utilities -and street improvements shall be apportioned on a "per lot" basis and determined by multiplying the actual costs times a fraction,. said fraction being the same as forth in.subparagraph A. above. D. The Country Lane street right -of -way acquisition costs shall be paid only by those landowners unwilling to dedicate the necessary land on their property to provide for a full 50 foot right -of -way for Country Lane. This Ordinance shall be amended to include the actual final costs of such costs and improvements when such actual final costs are determined and available.. Such payment to Owner shall be in addition to the usual charges and fees payable to the Village for the issuance of such permits. 315101 3 ORDINANCE NO. 0 -92 -15 SECTION TWO That no subdivision, resubdivision, residential planned development or new home construction on the south portion of Lots 133 or 134 in J.S. Hovland's First Addition to the Village of Deerfield shall be approved pursuant to the applicable provisions of the Village Zoning Ordinance unless as a condition of such approval, the applicant shall be required to pay his proportionate share of the above costs plus interest as stated in Section One. SECTION THREE That the foregoing provisions of this Ordinance shall terminate upon payment of said charges contemplated by this Ordinance. In the event this Ordinance is challenged and Owner requests the Village to defend against said challenge, Owner agrees to defend said action on behalf of the Village and pay all costs, expenses and attorneys' fees incurred by the Village. If any section, paragraph, sentence or clause of this Ordinance is held invalid, the remainder of this Ordinance shall continue in full force an effect. SECTION FOUR That this Ordinance shall be in full force and effect upon the passage and approval of the Ordinance approving the Residential Planned Unit Development for the Subject Property as provided by law. AYES: Ehlers, Marovitz, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None '(0) ABSENT: None (0) PASSED this 6th day of April , A.D. 1992. APPROVED this 6th day of April , A.D. 1992. VILLAGE PRESIDENT .r 3151012 ORDINANCE NO. 0 -92 -15 WHEREAS, Glenview State Bank, as trustee under Trust No. 3280 (hereinafter "Owner "), is the owner or party interested in the property described as follows: Lot 131 (except the West 92.0 feet of the North 118.0 feet thereof and except the North 137.0 feet of that part of said Lot lying East of the West 92.0 feet thereof) and Lot 132 (except the East 71.0 feet of the North 135.0 feet thereof and except the North 137.0 feet of that part of said Lot lying West of the East 71.0 feet thereof) and Lots 137, 138, 139 and 140 (except part taken for road) in the Subdivision of J.S. Hovland's First Addition to Deerfield, a Subdivision of the Southwest Quarter (except the Northwest Quarter of the Northwest Quarter thereof) of Section 32, Township 43 North, Range 12, East of the Third Principal Meridian in Lake County, Illinois (hereinafter "Subject Property "). and will cause to be constructed by private contract and will pay the cost thereof of underground and surface improvements, consisting in whole or in part of water main extensions, sanitary sewer extensions, storm sewer extensions and sidewalks, curb and gutter, street acquisition and street pavement on and to certain portions of Country Lane in said subdivision in the Village of Deerfield; and WHEREAS, said improvements to be constructed will be available to and will be of benefit to adjoining and adjacent properties described as follows: Lots 133 and 134 in the Subdivision of J.S. Hovland's first addition to Deerfield, a Subdivision of the Southwest Quarter (except the Northwest Quarter of the Northwest Quarter thereof) of Section 32, Township 43 North, Range 12, East of the Third Principal Meridian, in Lake County, Illinois. WHEREAS, the Village of Deerfield is a home rule municipality pursuant to the 1970 Illinois Constitution, Section 6. 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 ONE That no person, firm or corporation, excepting the Owner and its successors and /or assigns shall connect to or obtain service (except for fire protection) from the sanitary sewer, the water main, or the storm sewer to be ORDINANCE NO. 0 -92 -15 constructed and installed by the Owner, in the extension of Country Lane between Wilmot Avenue on the west and the existing right -of -way of Country Lane (approximately 485 feet east of Wilmot Avenue) without first obtaining a permit for such connections or service. No such permit shall be issued unless the applicant shall give evidence to the Village of Deerfield of payment to Owner, or its designated successors and assigns, of such person's, firm's or corporation's proportionate share of the cost of such improvement, as stated below, together with compound interest of nine (9 %) percent per annum starting on the effective date of this Ordinance. A. The proportionate share of all of the underground utility costs shall be apportioned on a "per lot" basis and determined by multiplying the actual costs for the underground improvements times a fraction, the numerator of which is the number of lots seeking to gain access to Country Lane, and the denominator of which is the total number of lots capable of being constructed within Lot 131 (except the west 92 feet of the north 118 feet thereof and except the north 137 feet of that part of said lot lying east of the west 92 feet thereof), Lot 132 . (except the east 71 feet of the north 135 feet thereof and except the north 137 feet of that part of said lot lying west of the east 71 feet thereof), Lot 133, 134, 137, 138, 139 and 140 of J. S. Hovland's First Addition to Deerfield. B. The actual costs of all of the street improvement, including but not limited to road construction, street lights, sidewalks, curb and gutter, seeding and parkway trees located on the property seeking to connect to the Village of Deerfield utilities plus a fraction of the total street improvement costs, said fraction being the same as set forth in subparagraph A. above. C. The proportionate share of soft costs, including but not limited to engineering fees, permit fees, inspection fees, tree cutting, the testing of the water system, . etc. attributable to the underground utilities and street improvements shall be apportioned on a "per lot ".basis and determined by multiplying the actual costs times a fraction, said fraction being the same as set forth in subparagraph A. above. D. The Country Lane street right -of -way acquisition costs shall be paid only by those landowners unwilling to dedicate the necessary land on their property to provide for a full 50 foot right -of -way for Country Lane. This Ordinance shall be amended to include the actual final costs of such costs and improvements when such actual final costs are determined and available. Such payment to Owner shall be in addition to the usual charges and fees payable to the Village for the issuance of such permits. ORDINANCE NO. 0 -92 -15 SECTION TWO That no subdivision, resubdivision, residential planned development or new home construction on the south portion of Lots 133 or 134 in J.S. Hovland's First Addition to the Village of Deerfield shall be approved pursuant to the applicable provisions of the Village Zoning Ordinance unless as a condition of such approval, the applicant shall be required to pay his proportionate share of the above costs plus interest as stated in Section One. SECTION THREE That the foregoing provisions of this Ordinance shall terminate upon payment of said charges contemplated by this Ordinance. In the event this Ordinance is challenged and Owner requests the Village to defend against said challenge, Owner agrees to defend said action on behalf of the Village and pay all costs, expenses and attorneys' fees incurred by the Village. If any section, paragraph, sentence or clause of this Ordinance is held invalid, the remainder of this Ordinance shall continue in full force an effect. SECTION FOUR That this Ordinance shall be in full force and effect upon the passage and approval of the Ordinance approving the Residential Planned Unit Development for the Subject Property as provided by law. AYES: Ehlers, Marovitz, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None 10) ABSENT: None (0) PASSED this 6th day of April , A.D. 1992. APPROVED this 6th day of Aril , A.D. 1992. VILLAGE PRESIDENT ATTEST: VITNAGE CLERK