R-84-04RESOLUTION APPROVING AN
AMENDED ANNEXATION AGREEMENT
WHEREAS, AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as
Trustee under Trust Agreement dated August 22, 1978 and known as
Trust No. 43716 is the owner of record and developer of certain real
estate, the legal description of which is set forth i:n Exhibit A to
the attached Amended Annexation Agreement (hereinafter.referred to
as the "Owner "); and
WHEREAS, the Amended Annexation Agreement also pertains to and
supercedes a certain prior Annexation Agreement between the Owner
and the Village with respect to the property described in Exhibit A
which is referred to in the Amended Annexation Agreement as the
"Subject Property "; 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 Amended
Annexation Agreement with respect to the Subject Property, a copy of
which is attached hereto and made apart hereof and
WHEREAS, pursuant to notice as required by statute and ordinance,
a public hearing.by the.Plan Commission of the.Village with respect
to the request of said Owner to permit,the development of the Subject
Property in the manner proposed in the attached Amended Annexation
Agreement and Exhibits attached thereto and made a part thereof,
specifically including a Plan-of Development and Landscaping Plan
.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 Amended Annexation
Agreement; and
WHEREAS, said Corporate Authorities, after due-and careful
consideration, have concluded.that the annexation and development of
the Subject Property to the Village on the terms and conditions set
forth in said attached Amended Anne xation.Agre.ement would further
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 RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE of DEERFIELD, LAKE. AND COOK COUNTIES,
ILLINOIS, AS FOLLOWS: n
SECTION That the _Amended Annexation-Agreement between the
ONE: Village of Deerfield and'AMERICAN.NATIONAL BANK AND
TRUST COMPANY.OF CHICAGO, as. Trustee under, Trust
Agreement dated August.. 22, 1978 . and known_As'Trust No. 43716, along
with all Exhibits thereto, specificaliy.including a Plan of Develop
ment dated 'January 30, 1984 prepared by Hammond, Beeby and Babka
Architects, a copy of which is attached to the'Amended Annexation
Agreement be and. the same is hereby, approved
SECTION That the Annexation`. Agreement' between the Village. of
TWO: Deerfield and the Owner., - along with all Exhibits there-
to, dated September 21, 1981,'.is.:herebv superseded and
is null,, void and of no further legal. effect.:
SECTION That the President and Clerk of the-Village-of
THREE: Deerfield are hereby authorized and directed to
execute said. Agreement'._ .
AYES:, :Jackson,, Marty, ., Swanson, York,-'.Forrest (5)
NAYS: Seidman (1),
ABSENT;... Marovitz (1)
PASSED this 16th day of April A.D. , 1984
APPROVED: this 16th day of April A.. D. 1984...
VILLAGE PRESIDENT.
ATTEST:
VILLAGE. CLERK
C.
PARCEL ' 1
_'ITAT PART OF THE NORTH WEST QUARTER OF THE NORTH EAST QUARTER
/,OF SECTION 31 , TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE 3RD PJI,. ,
---- DESCRI BED AS FOLLOWS TO -WIT: BEGINNING AT A POINT WHICH IS 30
FEET 14EST OF THE EAST LINE AND 192.06 FEET SOUTH OF THE NORTH
LI14E 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 UST 330 FEET TO THE PLACE OF BEGINNING (EXCEPT ThJ\T PART
THEREOF TAKEN FOR TOIL 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 PhEPARED BY PAUL LOTZ DATED NOVEMBER 23, 1977.
X77 -8 -18.
PARCEL 2
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
PAkALLEL 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
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
SECTIO14 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.SA!ID .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
THE SOUTH 132 FEET OF THE WEST 330 FEET OF THE EAST 360 FEET
.iF THE 14ORTH 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.
II
I
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 Nome Subdivision in the North
1/2 of said Section 31, and Easterly of
the Easterly line of the Illinois Toll High -
way right -of -way (except the East 40 feet,
dedicated for Meadow Lane) in Lake County,
Illinois.
� 1
I ;
• , U
1
1 ' E'
1287R
•AMENDMENT TO ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this. 16th day of
April , A.D., 19841, 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
of the Village of Deerfield (sometimes for convenience hereinafter
collectively referred to as the "Corporate Authorities "), and 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 (sometimes for convenience hereinafter
referred to as the "Owner ") :
W I T N ES S E T H:
WHEREAS, the Owner is the owner of record of the real estate
described on Exhibit A, which is attached hereto and made a part
hereof (which real estate, for convenience, may hereinafter be
referred. to in its entirety as the "Subject Property ") ; and
WHEREAS, the Owner and /or its predecessor in title has
previously entered into an Annexation Agreement. with the Village of
Deerfield dated as of September 21, 1981, and the Village of
Deerfield has annexed the Subject Property by duly enacted ordinance
and has authorized a zoning classification of I -1 Office, Research,
Restricted Industrial District. for the Subject.Property by duly
enacted ordinance. as called for in'said Annexation Agreement; and
WHEREAS, the Annexation Agreement had attached thereto as
Exhibits C and D,'respectively, a Plan of Development and
Landscaping Plan; and
WHEREAS, the Owner desires and proposes to amend
development and landscape plans for the Subject Property to amend
the height requirement and expand the landscaping features, all in
accordance with and pursuant to a certain revised plan of
development prepared by Hammond, Beeby and Babka Architects, dated
January 30, 1984, and a Landscaping. Plan prepared by Rolf C.
Campbell & Associates dated January 30,.1984 and as amended March
12, 1984, a copy of which revised plans are marked as Exhibits B and
C, respectively, and are attached hereto and made a part hereof; and
WHEREAS, the Corporate Authorities, after due and careful
consideration, have concluded that the proposed revision of the
Annexation Agreement on the terms and conditions hereinafter set
forth would further the growth of the Village, enable the Village to
control the development.of the area and subserve the best interests
of the Village; and
WHEREAS, pursuant to notice as required by statute and
ordinance, public hearings were held by the. Plan Commission of the
Village as 'to the requested approval and recommendations made by
said Commission were 'Submitted. to the Corporate Authorities;. and
WHEREAS, pursuant to.the provisions of Section 11- 15.1 -1,
et seq. of the Illinois Municipal Code�(Chapter 24, Illinois Revised
Statutes, 1983), a proposed Amendment to Annexation Agreement in
substance and in form the same as this Agreement -was. submitted to
the Corporate Authorities and a public hearing. was held .thereon .
pursuant to notice as provided by statute.
2
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, 1983, as
amended).
2. Exhibits B and C attached hereto are substituted for
Exhibits C and D in the Annexation Agreement and are deemed to be
the Plan of Development and the Landscaping Plan, respectively,.for
the Subject Property.
3. The first paragraph of Section 3B of the Annexation
Agreement is hereby deleted and the following is substituted in lieu
thereof.
"3B Said Ordinance shall permit the development of
the Subject Property with an office buildinq
structure containing not more than 141,500 gross
square feet, exclusive of atrium space, which
shall not exceed 3,600 square feet, and
mechanical space which shall not exceed 8,500
square feet. The building will be 33 feet in
height plus skylight and elevator overrun
structures not in excess of 3.5 feet. Height
shall be measured in. the manner defined in
Article 14.2 of the Village Zoning Ordinance.
The building is to be constructed within the area
designated "Office Building Envelone" on the Plan
of Development described below, and shall grant
certain variations from the requirements of the
Zoning Ordinance relating -to ... "`
4. The owners shall not be entitled to receive a
certificate of occupancy for the improvements to be constructed on
the Subject Property until the improvement of -the landscaped berm
3
along the eastern boundary of the Subject Property has been
completed in accordance with the Landscaping Plan attached as
Exhibit C hereto.
5. Except to the extent specifically amended hereby, all
terms and provisions of the Annexation Agreement, between the Owner
and the Village of Deerfield dated as of September 21, 1981, shall
remain in full force and effect.
6. This Annexation Agreement, as amended hereby, shall be
binding upon the parties hereto, their respective successors and
assigns for the full term of the Annexation Agreement dated as of
September 21, 1981, and for such further term as may hereafter be
authorized by law..
IN WITNESS WHEREOF, the Corporate Authorities and the Owner
have hereunto set their hands and seals and have. caused this
instrument to be executed by their duly authorized officials and the
corporate seal affixed hereto, all on the day and:year first above
written.
ATTEST
t
This 1when -Int IS eaaaeted by AMERICAN NATIONAL BANK AND TRUST COMPANY
OF CHICASO, not /rraonally but slaty as Trustee, as aforaaeid. All the covenants
slid cendi"m to be parform>r hereunder * A4ixiW N.+.Ti".AL W.MK AND
TRUST COMPANY OF CHICA?A are unfertzken iry it soialy es Tfualee, as aforaeid
and net individuclly, and no ►arsenal MaMIRy shall be azearted or k enforceable
&Pint AMERICAN NATIONAL DAMK AMD TRUST COMPANY eF CMICABO by reason of .
any of the earenaets, sliatements, rsgrownlielons or rrarroaft eeatrriiml in ibis
lstranent.
ATTEST:
VILLAGE OF DEERFIELD
By
OTINER:
AMERICAN. NATIONAL BANK AND TRUST
COMPANY OF CHICAGO,. as Trustee
under Trust Agreement- dated Auqust
22, 1978,. and known as Trust No.
43716., and not personally
'� BUST. OFFICEA