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O-94-27ORDINANCE NO..-O-94-27 AN ORDINANCE AMENDING THE ZONING MAP AND APPROVING A 66 LOT SUBDIVISION Published in pamphlet form this 5th day of July , 1994 by the President and Board of Trustees of Deerfield JKS \5691.1 6/28/94 ORDINANCE NO. 0 -94 -27 AN ORDINANCE AMENDING THE ZONING MAP AND APPROVING A 66 LOT SUBDIVISION WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public hearing on the Petition of WINSTON DEVELOPMENT CORPORATION (hereinafter referred to as "Applicant "), for the classification of certain real estate located within the Village, and hereinafter described, in the R -3 Single- Family District, and to authorize the subdivision thereof into 66 lots in accordance with Exhibits presented to the Plan Commission and the Board of Trustees; 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, made written findings of fact and recommended a map amendment to the Zoning Ordinance of the Village of Deerfield and the approval of the subdivision to achieve the objectives sought by the Applicant; and WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the best interests of the Village will be served by the classification of said real estate in the manner aforesaid. 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 Zoning Map of the Village of Deerfield ONE: included and made a part of the Village Zoning Ordnance passed April 17, 1978, as amended, is hereby further amended by zoning and classifying the property described in Exhibit "A ", attached hereto and made a part hereof, to the R -3 Single Family District. SECTION That the Final Plat of Subdivision proposed by TWO: Gremley 7& . Biedermann,,- Inc dated March '7 , '- , 1994, for the above - described property is hereby approved, including granting of approval of (i) a cul -de -sac of approximately 650 feet in length in lieu of the 300 foot maximum length permitted, and (ii) a 50 -foot right -of -way dedication in lieu of the required 60 foot dedication. JKS \5691.1 6/28/94 ORDINANCE NO. 0 -94 -27 AN ORDINANCE AMENDING THE ZONING MAP AND APPROVING A 66 LOT SUBDIVISION SECTION That the zoning map amendment and Final Plat THREE: approval hereby granted is conditioned upon and subject to: (a) compliance with all engineering requirements as determined by the Village Engineer; (b) execution of a Restrictive Covenant in form and content satisfactory to the Village of Deerfield providing adequately for maintenance of the berm adjoining the Subject Property and providing a means of recovering any costs incurred by the Village in the event the Village performs any maintenance work thereon;(c) execution of an Impact Fee Agreement in form and substance satisfactory to the Village; (d) provision of a pedestrian foot. bridge and foot path across the berm along the westerly boundary of the Subject Property, providing pedestrian access to Gordon Avenue; and (e) compliance with all other applicable codes and ordinances of the Village of Deerfield. SECTION That the Village Clerk is hereby directed to FOUR: publish this Ordinance in pamphlet form. SECTION That this Ordinance shall be in full force and FIVE: effect from and after its passage, approval and publication, as provided by law. AYES: Ehlers, Heuberger, Rosenthal, Seidman (4) NAYS: None (0) ABSENT: Swanson, Swartz (2) PASSED this 5th day of July A.D., 1994. APPROVED this 5th day of July A.D., 1994. ATTEST; JKS \5691.1 6/28/94 VptLAGE PRESIDEN EXHIBIT A THAT PART OF, THE SOUTHEAST 1/4 OF THE SOUTHEAST 114 OF SECTION 32, TOWNSHIP 43 NORTH, RANCE.'12, EAST OF THE THIRD PRINCIPAL MERIDIAN. DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF LAKE -COOK ROAD. (FORMERLY KNOWN AS. COUNTY LIME ROAD ), ACCORDING TO THE PLAT OF EASEMENT RECORDED DECEMBER 18, 1929 AS DOCUMENT NO. 10556878 IN COOK COUNTY­ BEING A LINE 50.00 FEET, AS MEASURED AT RIGHT ANGLES, NORTH OF• AND PARALLEL WITH THE SOUTH LINE OF SAID QUARTER QUARTER SECTION, WITH A LINE 254.68 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL WITH THE'WEST LINE OF SAID QUARTER QUARTER SECTION; THENCE NORTH 00 DEGREES 20 MINUTES 24 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE, 1210.70• FEET.-TO THE NORTH LINE OF SAID QUARTER QUARTER SECTION; THENCE RARTV 89 DEGREES 58 MINUTES 35 SECONDS EAST ALONG THE NORTH LINE OF SAID QUAR'IrER QUARTER SECTION, 964.06 FEET TO AN INTERSECTION WITH A LINE !90.00 FEET, AS MEASURED AT RIGHT ANGLES, WEST OF AND PARALLEL WITH THE EAST LINE OF SAID QUARTER-QUARTER SECTION; THENCE SOUTH 00 DEGREES 16 MINUTES 16 SECONDS-WEST ALONG SAID LAST DESCRIBED PARALLEL LINE, 321.09 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID QUARTER QUARTER SECTION, 10.00 FEET TO AN INTERSECT'.OH WITH A LINE 110.00 FEET, AS MEASURED AT RIGHT ANGLES, WEST OF AND PARALLEL WITH THE EAST LINE OF SAID QUARTER QUARTER SECTION; THENCE SOUTH 00 DEGREES 16 MINUTES 16 SECONDS WEST ALONG SAID LAST DESCRIBED PARALLEL LINE, 475.00 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID QUARTER QUARTER SECTION, 20.00 FEET TO AN INTERSECTION WITH A LINE 130.00 FEET, AS MEASURED AT RIGHT ANGLES, WEST OF AND PARALLEL WITH THE EAST LINE OF SAID QUARTER QUARTER SECTION; THENCE SOUTH 00 DEGREES 16 MINUTES 16 SECONDS WEST ALONG SAID LAST DESCRIBED PARALLEL LINE,. 465.00 FEET TO AN INTERSECTION WITH THE NORTH LINE OF LAKE -COOK ROAD AS WIDENED BY INSTRUMENT. RECORDED AS DOCUMENT NO. 1744407; THENCE SOUTH 90 DEGREES- 00 MINUTES 00 SECONDS WEST ALONG SAID NORTH LINE OF LAKE -COOK ROAD AS WIDENED, BEING A LINE 60.00 FEET, AS MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID QUARTER QUARTER SECTION, 126.88 FEET TO AN ANGLE POINT IN SAID NORTH LINE OF LAKE -COOK ROAD AS WIDENED; THENCE SOUTH 84 DEGREES 17 MINUTES 22 SECONDS WEST ALONG THE NORTHERLY LINE OF LAKE -COOK ROAD AS WIDENED PER INSTRUMENT RECORDED AS DOCUMENT NO. 1744407, 100.50 FEET TO THE NORTH LINE OF LAKE -COOK ROAD ACCORDING TO THE PLAT OF EASEMENT RECORDED DECEAR 18, - 1929 AS DOCUMENT -NO. 10556878 IN COOK COUNTY,. ILLINOIS, BEING A LINE 50.00 FEET, AS MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID'QUARTER QUARTER SECTION; THENCE SOUTH 99 D:CREES 00 MINUTES 00 :ECONDS WEST ALONG SAID LAST DESCRIBED LINE, 708.75 FEET TO THE PLACE OF BEGINNING) ALL 'IN LAKE COUNTY, ILLINOIS. 5 3582453 a JKS10662A3040694 AGREEMENT THIS AGREEMENT entered into this 5th day of July , 1994, by and between the VILLAGE OF DEERFIELD, an Illinois municipal corporation ( "Deerfield ") and KOGEN DEVELOPMENT CORPORATION, an Illinois corporation ( "Kogen ") . WITNESSETH WHEREAS, Kogen has filed a.Petition with the Corporate Authoritites of Deerfield seeking a zoning map amendment reclassifying certain property in the R -3 Single Family District and also approval of a Plat of Subdivivsion approving a proposed single - family residential development consisting of 66 lots located generally at the 27 acre tract at the northwest corner of Pfingsten Road and Lake- Cook Road (the "Subject Property "), in the Village of Deerfield; and WHEREAS, Deerfield has previously adopted Ordinance No. 0- 93 -48 (the "Ordinance ") pursuant to its Home Rule Powers recognizing the burden placed on various governmental units resulting from additional residential development within Deerfield; and WHEREAS, the Ordinance establishes certain standards for dedication of land or payment of fees in lieu thereof in recognition of the increased burden upon the various governmental units in Deerfield resulting from increased residential development; and WHEREAS, the Ordinance also provides a standard of value of residentially -zoned properties within Deerfield as a basis for calculating impact fees in the manner required by the Ordinance; and WHEREAS, Section Eighteen of the Ordinance grants authority to the Corporate Authorities of Deerfield to determine whether or not a particular residential development will have an impact or create an impact upon other governmental units within Deerfield or whether said development will have a lesser or differing impact that that provided for in the Ordinance;.and NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, it is agreed by and between Deerfield and Kogen as follows: 1. Kogen acknowledges the legal validity and the applicability of the Ordinance in providing for the imposition of impact fees upon the proposed residential development of the Subject Property in lieu of a contribution of property. 2. Following review of the specific residential development proposal presented by Kogen and upon review of evidence adduced by Kogen as to the fair market value of the Subject Property, Deerfield and Kogen agree that for purposes of calculating the required impact fee a fair market value of One Hundred Thirty -Seven Thousand Dollars ($137,000.00) per acre shall be employed. - 2 - 3. Deerfield and Kogen also acknowledge that certain open area along the western portion of the Subject Property is presently improved with a landscaped berm and that the owners of the Subject Property and subsequent transferees shall be required to continue to maintain this area. In view of Section Four(c) of the Ordinance enabling developers to satisfy portions of the Ordinance requirements for the provision of open space or other recreational areas or facilities by providing such area within the development, Deerfield and Kogen agree that the required cash contribution for park purposes shall be reduced by an agreed value of 1.45 acres based on the land included in the open area described above, thereby reducing the required park contribution by One Hundred Ninety -Eight Thousand Nine Dollars ($198,009.00). 4. As a result of operation of Sections 2 and 3 above, Kogen agrees to pay a total impact fee pursuant to the Ordinance of Six Hundred Ninety -Three Thousand Dollars ($693,000.00). Payments pursuant to the Ordinance are to be made as follows: Upon issuance of the first building permit for the construction of a house upon the Subject Property, Kogen shall pay a total of Two Hundred Ten Thousand Dollars ($210,000.00). Upon making application for building permits for the 21st, 31st, 41st, 51st and 61st houses, payment of Ninety -Six Thousand Six Hundred Dollars ($96,600) shall be made in each instance until the obligation set forth above shall be satisfied in full. Kogen agrees that all of such payments shall be payable to Deerfield - 3 - and shall be deposited with the Village Finance Director who shall be solely responsible for disbursement of the funds to the governmental units benefited by the Ordinance. Upon payment of, the fees required by this Agreement, Kogen acknowledges that all obligations of the governmental units benefited hereby to apply the funds in accordance with Section Eight of the Ordinance shall be deemed satisfied. 5. Kogen and Deerfield agree that the execution and delivery of this Agreement by both parties hereto shall be an express condition included in that certain Ordinance to be adopted by Deerfield amending the zoning map and approving the plat of subdivision for the proposed residential development of the Subject Property. It is acknowledged by Kogen that any failure on its part to fully perform all aspects of this Agreement shall result in the revocation of the approval contemplated by the aforementioned Ordinance and plat of subdivision and all rights to complete the development in accordance with terms and conditions therein described will terminate forthwith: 6. Deerfield and Kogen agree that this Agreement shall be binding upon and shall benefit the successors, transferees, legal representatives, grantees and assigns of the parties hereto. 7. This Agreement may only be modified by an instrument in writing executed by all parties hereto. Execution of this Agreement by Deerfield has been duly authorized and the - 4 - appropriate action has been taken by the Corporate Authorities of the Village of Deerfield to direct its execution on behalf of Deerfield. IN WITNESS WHEREOF, the parties have set their hands and seals on the day and year first above written. -rage Clerk VILLAGE OF DEERFIELD Village President KOGEN DEVELOPMENT CORPORATION By Its - 5 - STA�I`E OF ILLINOIS COUNTIES OF LAKE AND COOK VILLAGE OF DEERFIELD 3582453 REOORDER LA E ICOIUJ TY.ILLINOIS 94 AUG 19 Ali 11: 16 SS 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 -94 -27 entitled "An Ordinance Amending the Zoning Map and Approving a 66 Lot Subdivision" as appears in the records and files of the office of the Village Clerk.. Dated this August 1, 1994 1 �z Village Clerk r �Ay i 1 r R Ope6 jr� 4M�.,. 5 .I ORDINANCE NO. 0 -94 -27 AN ORDINANCE AMENDING THE ZONING MAP AND APPROVING A 66 LOT SUBDIVISION Published in pamphlet form this 5th day of July , 1994 by the President and Board of Trustees of Deerfield JKS \5691.1 6/28/94 3582453 ORDINANCE NO. 0 -94 -27 AN ORDINANCE AMENDING THE ZONING MAP AND APPROVING A 66 LOT SUBDIVISION WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public hearing on the Petition of WINSTON DEVELOPMENT CORPORATION (hereinafter referred to as "Applicant "), for the classification of certain real estate located within the Village, and hereinafter described, in the R -3 Single- Family District, and to authorize the subdivision thereof into 66 lots in accordance with Exhibits presented to the Plan Commission and the Board of Trustees; 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, made written findings of fact and recommended a map amendment to the Zoning Ordinance of the Village of Deerfield and the approval of the subdivision to achieve the objectives sought by the Applicant; and WHEREAS, the President and Board of Trustees of the Village. of Deerfield have determined that the best interests of the Village will be served by the classification of said real estate in the manner aforesaid. 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 Zoning Map of the Village of Deerfield ONE: included and made a part of the Village Zoning Ordnance passed April 17, 1978, as amended, is hereby further amended by zoning and classifying the property described in Exhibit "A ", attached hereto and made a part hereof, to the R -3 Single Family District. SECTION That the Final Plat of Subdivision proposed by TWO: Gremley & Biedermann, Inc. dated March 7, 1994, for the above - described property is hereby approved, including granting of approval of (i) a cul -de -sac of approximately 650 feet in length in lieu of the 300 foot maximum length permitted, and (ii) a 50 -foot. right -of -way dedication in lieu of the required 60 foot dedication. JKS\5691.1 6/28/94 2) 3582453 ORDINANCE NO. 0 -94 -27 AN ORDINANCE AMENDING THE ZONING'MAP AND APPROVING A 66 LOT SUBDIVISION SECTION That the zoning map amendment and Final Plat THREE: approval hereby granted is conditioned upon and subject to: (a) compliance with all engineering requirements as determined by.the Village Engineer; (b) execution of a Restrictive Covenant in form and content satisfactory to the Village of Deerfield providing adequately for maintenance of. the berm adjoining the Subject Property and providing a means of recovering any costs incurred by the Village in the event the Village performs any maintenance work thereon;(c) execution of an Impact Fee Agreement in and substance satisfactory to the Village; (d) provision of a pedestrian foot bridge and foot path across the berm along the westerly boundary of the Subject Property, providing pedestrian access to Gordon Avenue; and (e) compliance with all other applicable codes and ordinances of the Village of Deerfield. SECTION That the Village Clerk is hereby directed to FOUR: publish this Ordinance in pamphlet form. SECTION That this Ordinance shall be in full force and FIVE: effect from and after its passage, approval and publication,.as provided by law. AYES: Ehlers, Heuberger, Rosenthal, Seidman (4) NAYS: None (0) ABSENT: Swanson, Swartz (2) PASSED this 5th day of July A.D., 1994. APPROVED this 5th day of July A.D., 1994. EPP.. Am ATTEST; JKS \5691.1 6/28/94 3582433 EXHIBIT A THAT PART OF; THE SOUTHEAST 1/4 OF "THE SOUTHEAST 114 OF SECTION 32, TOWNSHIP 43 NORTH, RANGE. 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF LAKE -COOK ROAD- (FORMERLY KNOWN AS, COUNTY LINE ROAD), ACCORDING TO THE PLAT OF EASEMENT RECORDED DECEMBER 18, 1929 AS DOCUMENT NO. 10556878 IN COOK COUNTY,' ILLINOIS, BEING A LINE 50.00 FEET, AS MEASURED AT RIGHT' ANGLES, NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID QUARTER QUARTER SECTION, WITH A LINE 254.68'FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL WITH THE*WEST LINE Of SAID QUARTER QUARTER SECTION; THENCE NORTH 00 DEGREES 20 MIAUT(S :4 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE, 1210.70• FEET.-TO THE NORTH LINE OF SAID QUARTER QUARTER SECTION; THENCE RORTV 89 DEGREES 58 MINUTES 35 SECONDS EAST ALONG THE NORTH LINE OF SAID QUAR ?ER QUARTER SECTION, .964.06 FEET TO AN INTERSECTION WITH A LINE 100.00 FEET, AS .MEASURED AT RIGHT ANGLES, WEST OF AND PARALLEL WITH THE EAST LINE OF SAID QUARTER - QUARTER SECTION; THENCE SOUTH 00 DEGREES 16 MINUTES 16 SECONDS-WEST ALONG SAID LAST DESCRIBED PARALLEL LINE, 321.09 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID QUARTER QUARTER SECTION, 10.00 FEET TO AN INTERSECTION WITH A LINE 110.00 FEET, AS MEASURED AT RIGHT ANGLES, WEST OF AND PARALLEL WITH THE EAST LINE OF SAID QUARTER QUARTER SECTION; THENCE SOUTH 00 DEGREES 16 MINUTES 16 SECONDS WEST ALONG SAID LAST DESCRIBED PARALLEL LINE, 475.00 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID QUARTER QUARTER SECTION, 20.00 FEET TO AN INTERSECTION WITH A LINE 130:00 FEET, AS MEASURED AT RIGHT ANGLES, WEST OF AND PARALLEL WITH THE EAST LINE OF SAID QUARTER QUARTER SECTION; THENCE SOUTH 00 DEGREES 16 MINUTES 16 SECONDS WEST ALONG SAID LAST DESCRIBED. PARALLEL LINE,. 465.00 FEET TO AN INTERSECTION WITH THE NORTH LIME OF LAKE -COOK ROAD AS WIDENED BY INSTRUMENT RECORDED AS DOCUMENT NO. 1744407; THENCE SOUTH 90 DEGAEES 00 MINUTES 00 SECONDS WEST ALONG SAID NORTH LINE OF LAKE -COOK ROAD AS WIDENED, BEING A LINE 60.00 FEET, AS MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID QUARTER QUARTER SECTION, 126.88 FEET TO AN ANGLE POINT IN SAID NORTH LINE OF LAKE -COOK ROAD AS WIDENED; THENCE SOUTH 84 DEGREES 17 MINUTES 22 SECONDS WEST ALONG THE NORTHERLY LINE OF LAKE -COOK ROAD AS WIDENED PER INSTRUMENT RECORDED AS DOCUMENT NO. 1744407, 100.50 FEET TO THE NORTH LINE OF LAKE -COOK ROAD ACCORDING TO THE PLAT OF EASEMENT RECORDED DECEM*R 181.1929 AS DOCUMENT -NO. 10556878 IN COOK COUNTY,. ILLINOIS, BEING A LINE 50.00 FEET, AS MEASURED AT RIGHT ANGLES, .NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID'QUARTER QUARTER SECTION; THENCE SOUTH 90 D:CREES 00 -V,INUTES 00 !ECONDS WEST ALONG SAID LAST DESCRIBED LINE, 708.15 FEET TO THE PLACE OF BEGINNINGR ALL IN LAKE 'COUNTY. ILLINOIS. 5 3582453