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O-97-32ORDINANCE NO. 0 -97 -32 AN ORDINANCE AUTHORIZING AN AMENDMENT TO SPECIAL USE FOR A RESIDENTIAL PLANNED UNIT DEVELOPMENT - BERGMARK Published in pamphlet form this 18th day of August , 1997 by the President and Board of Trustees of Deerfield. JKS 150790 . I July 24, 1997 ORDINANCE NO. 0-97-3 2 AN ORDINANCE AUTHORIZING AN AMENDMENT TO SPECIAL USE FOR A RESIDENTIAL PLANNED UNIT DEVELOPMENT - BERGMARK WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public hearing on the Petition of Carol J. Bergmark and Optima Deerfield Limited Partnership (hereinafter collectively referred to as "Applicant ") to authorize an amendment to the Special Use granted by Ordinance No. 0- 94 -37, as amended, to permit the elimination of the Subject Property as legally described on Exhibit A attached hereto and made a part hereof from the Coromandel Planned Unit Development and the Resubdivision of the Subject Property, all in accordance with Exhibits presented to the Plan Commission and the Board of Trustees; and WHEREAS, said hearing was held pursuant to duly published notice thereof and was in all respects held according to law; and WHEREAS, Applicant presented a Plat of Resubdivision of the Subject Property reestablishing the Subject Property as a separate lot from the Coromandel Planned Unit Development; and WHEREAS, the Plan Commission of the Village of Deerfield after considering the evidence adduced, made written findings of fact and recommend the issuance of an Amended Special Use Permit to authorize the elimination of the Subject Property from the Coromandel Planned Unit Development and the Resubdivision of the Subject Property, all in accordance with the evidence adduced by 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 approval of the requested Amendment to Special Use as requested by Applicant. 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 President and Board of Trustees do hereby affirmatively find that ONE: the Amended Special Use as hereby authorized, providing for the elimination of the Subject Property from the Coromandel Planned Unit Development and the Resubdivision of the Subject Property, in compliance with the requirements and standards set forth in Articles 4.05 -C, 12.01, 12.09 and 13.11 of the Zoning Ordinance and that the Amended Special Use of the Subject Property be and the same is hereby authorized and approved SECTION That the approval and authorization of said Amended Special Use hereby TWO: granted is subject to the condition that all use, construction and development shall be in accordance with all documentary and exhibit filings made by Applicant made pursuant to Planned Unit Development Procedures as set forth in Article 12.09 - Gof the Village Zoning Ordinance, the terms of this Ordinance, and all JKS 150790 . 1 July 24, 1997 ORDINANCE NO. 0 -97- 3 2 AN ORDINANCE AUTHORIZING AN AMENDMENT TO SPECIAL USE FOR A RESIDENTIAL PLANNED UNIT DEVELOPMENT - BERGMARK representations by the Applicant to the Plan Commission, and to the Village President and Board of Trustees. SECTION That the Amended Special Use hereby authorized shall be binding upon THREE: and inure to the benefit of Applicant's successors, grantees, transferees and assigns, and any violation of the conditions hereinabove set forth by the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of the Amended Special Use hereby authorized. SECTION That except as amended hereby, the terms of Ordinance No. 0- 94 -37, as FOUR: amended, shall remain in full force and effect. SECTIO That all approval and authorization of said Amended Special Use hereby FIVE: given is subject to the requirement that this Ordinance shall be recorded in the Office of the Recorder of Deeds of Lake County, Illinois, and all fees for such recordation and expenses incurred therefor shall be paid by the Applicant. SECTION That the Village Clerk is hereby directed to publish this Ordinance in SIX: pamphlet form. SECTION That this Ordinance shall be in full force and effect from and after its SEVEN: passage, approval and publication as provided by law. AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None :(0) ABSENT: Heuberger (1) PASSED: This 18 th day of APPROVED: This 18 th day of �. '07 August August JKS 150790 .1 July 24, 1997 2 A.D., 1997. tA.D., 1997. PRESIDENT . STATE OF ILLINOIS ) 4014254 COUNTIES OF LAKE AND COOK ) SS Filed for Record in: VILLAGE OF DEERFIELD ) LAKE COUNTY IL MARY ELLEN GANDERVENTER - RECORDER On Sepp 03 1997 At 11:25am Receipt #: 69533 Doc /Type : ORD Deputy - Cashier #1 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 -97 -32 entitled "An Ordinance Authorizing an Amendment to Special Use for a Residential Planned Unit Development - Bergmark" as appears in the records and files of the office of the Village Clerk. Dated this August 20, 1997 1 pi v E A L ,,g tiff! �TL .Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 M ORDINANCE NO. 0 -97 -32 AN ORDINANCE AUTHORIZING AN AMENDMENT TO SPECIAL USE FOR A RESIDENTIAL PLANNED UNIT DEVELOPMENT - BERGMARK 4014 :54 Published in pamphlet form this 18th day of August , 1997 by the President and Board of Trustees of Deerfield. JKS 150790 . I July 24, 1997 1/9 ORDINANCE NO. 0-97-3 2 AN ORDINANCE AUTHORIZING AN AMENDMENT TO SPECIAL USE FOR A RESIDENTIAL PLANNED UNIT DEVELOPMENT - BERGMARK WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public hearing on the Petition of Carol J. Bergmark and Optima Deerfield Limited Partnership (hereinafter collectively referred to as "Applicant ") to authorize an amendment to the Special Use granted by Ordinance No. 0- 94 -37, as amended, to permit the elimination of the Subject Property as legally described on Exhibit A attached hereto and made a part hereof from the Coromandel Planned Unit Development and the Resubdivision of the Subject Property, all in accordance with Exhibits presented to the Plan Commission and the Board of Trustees; and WHEREAS, said hearing was held pursuant to duly published notice thereof and was in all respects held according to law; and WHEREAS, Applicant presented a Plat of Resubdivision of the Subject Property reestablishing the Subject Property as a separate lot from the Coromandel Planned Unit Development; and WHEREAS, the Plan Commission of the Village of Deerfield after considering the evidence adduced, made written findings of fact and recommend the issuance of an Amended Special Use Permit to authorize the elimination of the Subject Property from the Coromandel Planned Unit Development and the Resubdivision of the Subject Property, all in accordance with the evidence adduced by 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 approval of the requested Amendment to Special Use as requested by Applicant. 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 President and Board of Trustees do hereby affirmatively find that ONE: the Amended Special Use as hereby authorized, providing for the elimination of the Subject Property from the Coromandel Planned Unit Development and the Resubdivision of the Subject Property, in compliance with the requirements and standards set forth in Articles 4.05 -C, 12.01, 12.09 and 13.11 of the Zoning Ordinance and that the Amended Special Use of the Subject Property be and the same is hereby authorized and approved SECTION That the approval and authorization of said Amended Special Use hereby TWO: granted is subject to the condition that all use, construction and development shall be in accordance with all documentary and exhibit filings made by Applicant made pursuant to Planned Unit Development Procedures as set forth in Article 12.09- Gof the Village Zoning Ordinance, the terms of this Ordinance, and all JKS 150790 . 1 July 24, 1997 4014254 i ORDINANCE NO. 0 -97- 3 2 AN ORDINANCE AUTHORIZING AN AMENDMENT TO SPECIAL USE FOR A RESIDENTIAL PLANNED UNIT DEVELOPMENT - BERGMARK representations by the Applicant to the Plan Commission, and to the Village President and Board of Trustees. SECTION That the Amended Special Use hereby authorized shall be binding upon THREE: and inure to the benefit of Applicant's successors, grantees, transferees and assigns, and any violation of the conditions hereinabove set forth by the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of the Amended Special Use hereby authorized. SECTION That except as amended hereby, the terms of Ordinance No. 0- 94 -37, as FOUR: amended, shall remain in full force and effect. SECTION That all approval and authorization of said Amended Special Use hereby FIVE: given is subject to the requirement that this Ordinance shall be recorded in the Office of the Recorder of Deeds of Lake County,. Illinois, and all fees for such recordation and expenses incurred therefor shall be paid by the Applicant. SECTION That the Village Clerk is hereby directed to publish this Ordinance in SIX: pamphlet form. SECTION That this Ordinance shall be in full force and effect from and after its SEVEN: passage, approval and publication as provided by law. AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0 ) ABSENT: Heuberg.er (1) PASSED: This 18th day of APPROVED: This 18th day of VILL-AGE CLERK As 150790 . I July N, 1997 August August 2 A.D., 1997. A.D., 1997. > T� PRESIDENT 4014254 If /. _• EXHIBIT A LOT 46 AND A PORTION OF LOT 44 IN COROMANDEL RESUBDIVISION, BEING A SUBDIVISION IN THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 46, SAID POINT OF BEGINNING BEING ON THE SOUTHERLY LINE OF CENTRAL AVENUE A DISTANCE OF 836.85 FEET WEST OF THE WESTERLY LINE OF WAUKEGAN ROAD; THENCE SOUTH ALONG THE MOST EASTERLY LINE OF SAID LOT 46 A DISTANCE OF 150.00 FEET TO A POINT IN THE NORTHERLY LINE OF LOT 45 IN SAID COROMANDEL RESUBDIVISION; THENCE WEST ALONG SAID NORTHERLY LINE EXTENDED A DISTANCE OF 69.95 FEET TO THE MOST SOUTHWESTERLY CORNER OF SAID LOT 46; THENCE NORTH ALONG THE MOST WESTERLY LINE OF SAID LOT 46, A DISTANCE OF 150.00 FEET TO A POINT IN THE SOUTHERLY LINE OF CENTRAL AVENUE AFORESAID; THENCE EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 69.95 FEET TO THE POINT OF BEGINNING 10,492.46 SQUARE FEET, MORE OR LESS, ALL IN LAKE COUNTY, ILLINOIS. 4014254 -<O,-