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R-87-11n 46 12A 0.6:. LA1A*e�Jr5Y.1t- otow!5 STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) The undersigned hereby certifies that she is the duly appointed Deputy Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of RESOLUTION NO. 0 -87 -11 "Resolution Approving an Amendment to an Annexation Agreement M�Gor4ecl re-6 ( G} V passed by the President and Baord of Trustees of the said Village at a regular meeting thereof held on October 5, 1987 , and now in full force and effect, all as appears in the records and files of the office of the Village Clerk. S E Dated this 17th day of November, 1987 I // SHARON K. CROMIE Deputy Village Clerk ��� � ti� ,,i , , ' ' /�_ � �� i / i % RESOLUTION= NO. 0 -87 -11 RESOLUTION APPROVING AN AMENDMENT TO AN ANNEXATION AGREEMENT Published in pamphlet form this -ith day of r)rtnhar , 1987 by the President and Board of Trustees of Deerfield 2632406 C�l RESOLUTION NO. R -87 -11 RESOLUTION APPROVING AN AMENDMENT TO AN ANNEXATION AGREEMENT WHEREAS, AMERICAN NATIONAL BANK AND TRUST COMPANY as Trustee under Trust Agreement dated September 18, 1984 and known as Trust No. 62258, AMERICAN NATIONAL BANK AND TRUST COMPANY, as Trustee under Trust Agreement dated October 14, 1985 and known as Trust No. 67508 and AMERICAN NATIONAL BANK AND TRUST COMPANY, as Trustee under Trust Agreement dated March 6, 1986 and known as Trust No. 66526 (collectively herein referred to as "Owner ") are the owners of record of certain real estate, the legal description of which is set forth in Exhibit A to the attached Amendment to an Annexation Agreement; and WHEREAS, -the Amendment to the Annexation Agreement pertains to the property described in Exhibit A which is referred to in the Annexation Agreement as the "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 Amendment to the Annexation Agreement with respect to the Property, a copy of which 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 permit the existing use and future development of the Property in the manner proposed in the attached Amendment to the Annexation Agreement and Exhibits attached thereto and made a part thereof, 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 Amendment to the Annexation Agreement; and WHEREAS, said Corporate Authorities, after due and careful consideration, have concluded that the existing use and future development of the Property on the terms and conditions set forth in said attached Amendment to the Annexation Agreement would further the growth of the Village, enable the Village to control the development 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: 263246G RESOLUTION NO. R -87 -11 RESOLUTION APPROVING AN AMENDMENT TO AN ANNEXATION AGREEMENT SECTION That the Amendment to the Annexation Agreement attached ONE: hereto between the Village of Deerfield and AMERICAN NATIONAL BANK AND TRUST COMPANY, as Trustee under Trust Agreement dated September 18, 1984 and known as Trust No. 62258, AMERICAN NATIONAL BANK AND TRUST COMPANY under Trust Agreement dated October 14, 1985 and known as Trust No. 67508, and AMERICAN NATIONAL BANK AND TRUST COMPANY under Trust Agreement dated March 6, 1986, and known as Trust No. 66526, be and the same is hereby approved. SECTION That the President and Clerk of the Village of TWO: Deerfield are hereby authorized and directed to execute said Amendment to Annexation Agreement. AYES: Marty, Rosenthal, Seidman, Swanson, York (5) NAYS: None (0) ABSENT: None (0) ABSTAIN: Marovitz (1) PASSED this 5th day of OctnhPr A.D., 1987. APPROVED this - �_ day of Octoher A.D. , 1987. V9 LLAGE PRESIDENT ATTEST: 1 VILLAGE/ LERK (Deputy 2632406 FIRST AMENDMENT TO ANNEXATIONAGREEMENT THIS FIRST AMENDMENT TO ANNEXATION AGREEMENT is entered into as of Qc-tc hQr .�5 , 1987, by and between the VILLAGE OF DEERFIELD, ILLINOIS, a municipal corporation (the "Village "), by and through its President and Board of Trustees (collectively, the "Corporate Authorities "); DEERFIELD- SAUNDERS JOINT VENTURE (the "Developer ") an Illinois general partnership by LP Equity Associates Limited ( "Equity "), the managing general partner of Developer; and AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee (the "Trustee" or the "Owner ") under those certain Trust Agreements dated September 18, 1984, October 4, 1985 and March 6, 1986 and respectively known as Trust Nos. 622581 65708 and 66526 (the "Trusts "). WITNESSETH• WHEREAS, as of February 4, 1985, the Village, the Developer, the Trustee as Trustee under Trust Nos. 60644 and 62258 and Richard Frigo executed a certain Annexation Agreement; and WHEREAS, since February 4, 1985, Richard Frigo has sold his property to Trust No. 66526; and WHEREAS, property was transferred between Trusi No. 60644 and the Trusts so that the Property is currently owned by the Trusts; and WHEREAS, Hawthorne Lane has been relocated at its intersection with Saunders Road; and WHEREAS, the Owner and the Developer have requested that Hawthorne Lane as. relocated be recognized as the Hawthorne Lane described in the Annexation Agreement and that the property located north of Hawthorne Lane which is south of the old property line be annexed to the Village of Deerfield; 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 that the Annexation Agreement is amended as follows: l.' The definition of the term "Property" is hereby amended by adding to the description contained in the Annexation Agreement the land described on Exhibit A attached hereto. 2. Hawthorne Lane is recognized as the relocated Hawthorne Lane as shown on the plat of dedication approved by the Village. c- 2632406 3. The Notice provision in Section 22 of the Annexation Agreement is hereby amended so that: copies are no longer sent to the firm of Loncar, Nordigian & Radosevich; the address of Mayer, Brown & Platt is changed to 190 South LaSalle Street, Chicago, Illinois 60603; and the copy sent to Pedersen & Houpt is sent to the attention of James K. Stucko. 4. All of the terms, conditions, agreements and provisions set forth in the Annexation Agreement, as hereby amended, shall be and they hereby are reaffirmed, ratified, confirmed in their entirety and incorporated herein by reference as if fully set forth herein. IN WITNESS WHEREOF, the Village, the Developer and the Owner have caused this instrument to be executed by their respective proper officials duly authorized to execute the same as of the day and the year first above written. Attest: 1 �t ,Village Clgrk Attest: VILLAGE OF DEERFIELD, an Illinois municipal cor"ation By: mL. Title: DEERFIELD - SAUNDERS JOINT VENTURE, an Illinois general partnership By: LP Equity ssociates Limited, its managi�ig ever 1 partner By: - Title• uk 2/ AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not individually but as Trustee under a Trust Agreement dated September 1984 and known as Trust No. 62258 By: T i t l/e : i // irk a9►�fFH r 18, Vils !1L'a..,lv;1t i� ,.':u!u 'd it Itl.ii '�r, y�!llr fj. Y`PC ttS!? 2632406 4- AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not individually but as Trustee under a Trust Agreement dated October 4, Attest: 1985 and No. 65708 Title: / ��,r:�� �;�7�!','', Title: Attest: Titl AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not individually but as Trustee under a Trust Agreement dated March 6, 1986 and known,'Ap Trus'�/ No. 66526 By: Title: " / .- Prepared by (and when recorded return to): Priscilla C. Sperling MAYER, BROWN & PLATT 190 South LaSalle Street Chicago, Illinois 60603 (312) 782 -0600 -3- 7- 2632406 STATE OF ILLINOIS ) ) SS. COUNTY OF LAKE ) I3, 10 , V�1 , a notary public in and for said County, in the S e afor said, DO HEREBY CERTIFY THAT , personally known to me to be the President of the Vi lage of Deerfield, an Illinois municipal corporation, and i% , personally known to me to the Deputy Village Cler said illage, personally known to me to be the same persons whose names are subscri d to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Deputy Village C Jerk, they signed and delivered the said instrument as President and Deputy Village Clerk of said Village, and caused the corporate seal of said Village to be affixed thereto, pursuant to authority given by the Board of Trustees of said Village, as their free and voluntary act, and a's the free and voluntary act and deed of said Village, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this �"day of 1987. My Commission Expires: /2-3/9 ur Notary Public [SEAL] OFFICIAL SEAL SHARON K CROMIE NOT MY PU3LIC STATE OF ILLMIS COMMISSION EXP FEB 23.1991 2632406 STATE OF ILLINOIS SS. I, C'hfk-Yl L 1'71L6 � Z d� a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT Patrick R. Hunt personally known to me to be the Vice President of LP EQUITY ASSOCIATES LIMITED, an Illinois limited partnership, a general partner in DEEF2FIEI,D- 5ALJNDERS JOINT VENTURE, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that on behalf of said general partner he signed and delivered the said instrument pursuant to authority given by the partners of DEERFIELD - SAUNDERS JOINT VENTURE, as his free and voluntary act, and as the free and voluntary act and deed of said joint venture and said partnership, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this iyt� day of October, 1987. My Commission Expires: Notary Public "OFFICIAL SEAL" CHERYL L. MUZIK Notary Public, State of Illinois Cook County My Commission Expires Dec. 8. 1990 26324'6 STATE OF ILLINOIS ) SS. COUNTY OF COOK ) I, a notary public in and for said County, in the State aforesaid., DO HEREBY CERTIFY THAT "fir. personally known to me to be the President of American National Bank and Trust Company of Chicago, a national banking association which is a Trustee of the aforesaid Trus{ 6, 25- and.' °t`r �r• �si'ns�n personally known to me to be the of said association, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this,,4ay; in person and severally acknowledged that as such President and they signed and delivered the said instrument as President and etaJE: �. , , ;of said association, and caused the corporate seal of said association to be affixed thereto, pursuant to authority given by the Board of Directors of said association, as their free and voluntary act, and as the free and voluntary act and deed of said association, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of 1987. tj f1i Notary Public My Commission Expires: [SEAL] 2632406 2 STATE OF ILLINOIS ) SS. COUNTY OF COOK ) a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT personally known to me to be the P Y President ..of"American National Bank and Trust Company of Chicago, a national banking association which is a Trustee of the aforesaid Trust, No. 66526, and Tct:nr IT T�: "� {�`�` }` personally known to me to beAffi6TANT `=r •`» of said association, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me thi dy in person and severally h ' acknowledged that as such President and they signed and. ,delivered the said instrument as President and •..o.f said association, and caused the corporate seal of said association to be affixed thereto, pursuant to authority given by the Board of Directors of said association, as their free and voluntary act, and as the free and voluntary act and deed of said association, for the uses and purposes therein set forth. 1087 GIVEN under my hand and notarial seal this day of 1987. Notary Public My Commission Expires: [SEAL] r (i'1',...,. `.. `... 2632406 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) • f� r / I 1 E. r t I, a notary public in and for, said County, in the State aforesaid, DO HEREBY CERTIFY THAT Yl::,�: JdJJQJI 111. 'Fi"'1111 personally known to me to be the President of American National Bank and Trust Company of Chicago, a national banking association which is a Trustee of the aforesaid Trust No. 65708, and Peter 1i. Johansen personally known to me to b Sjh%TANT SECPETAR' of said association, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me thiS,day in person and severally acknowledged that as such President and ASSIST!'•N ('''`' '. f, they signed and deliVdred the said instrument as w` t:'='' President and T cr..Cr,rT�.;;�if said association, and caused the corporate seal association to be affixed thereto, pursuant to authority given by the Board of Directors of said association, as their free and voluntary act, and as the free and voluntary act and deed of said association, foz-.,the ses fnd purposes therein set forth. NOV 1 � r GIVEN under my hand and notarial seal this day of 1987. ;C' - Notary Public My Commission Expires: [SEAL] OFF ;'-IAL SF�I% 1 2632406 . a 2632406 EXHIBIT A Legal Description of the Additional Property THAT PART OF THE NORTH HALF OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGTNNTIOG AT TF7 INTERSECTION OF THE SOUTH LIN�: OF HAWTHOR ;,E LANE (AS DEDICATED PER DOCUMENT NO. 241933) WITH THE EASTERLY LINE OF SAUNDERS ROAD (AS DEDICATED PER DOCUMENT NO. 241933); THENCE EAST ALONG THE SOUTH LINE OF HAWTHORNE LANE, HAVING AN ASSUMED BEARING OF NORTH 90 DEGREES 00 MINUTES EAST, A DISTANCE OF 367.83 FEET TO A POINT OF CUSP; SAID POINT BEING THE POINT OF CURVATURE OF A CURVE WHOSE RADIUS POINT BEARS SOUTH, THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 375.00 FEET, A CHORD BEARING OF SOUTH 78 DEGREES 00 MINUTES WEST, AN ARC LENGTH OF 157.08 FEET; THENCE SOUTH 66 DEGREES 00 MINUTES WEST, TANGENT TO THE LAST DESCRIBED COURSE, A DISTANCE OF 46.23 FEET; THENCE SOUTHWESTERLY, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 275.00 FEET, A CHORD BEARING OF SOUTH 78 DEGREES 00 MINUTES WEST, AN ARC LENGTH OF 115.19 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES EAST, TANGENT TO THE LAST DESCRIBED COURSE, 73.01 FEET TO THE EAST LINE OF SAUNDERS ROAD (AS DEDICATED PER DOCUMENT NO. 241933); THENCE NORTH 8 DEGREES 56 MINUTES 03 SECONDS EAST, ALONG THE EASTERLY LINE OF SAUNDERS ROAD (AS DEDICATED PER DOCUMENT NO. 241933), A DISTANCE OF 75.92 FEET TO THE POINT OF BEGINNING. a�3��o6 STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) The undersigned hereby certifies that she is the duly appointed Deputy Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of RESOLUTION NO. 0 -87 -11 "Resolution Approving an Amendment to an Annexation Agreement passed by the President and Baord of Trustees of the said Village at a regular meeting thereof held on October 5, 1987 , and now in full force and effect, all as appears in the records and files of the office of the Village Clerk. Dated this 17th day of November, 1987 SHARON K. CROMIE Deputy Village Clerk S E A L RESOLUTION NO. 0 -87 -11 RESOLUTION APPROVING AN AMENDMENT TO AN ANNEXATION AGREEMENT Published in pamphlet form this 5th day of Ortnhpr I , 1987 by the President and Board of Trustees of Deerfield RESOLUTION NO. R -87 -11 RESOLUTION APPROVING AN AMENDMENT TO AN ANNEXATION AGREEMENT WHEREAS, AMERICAN NATIONAL BANK AND TRUST COMPANY as Trustee under Trust Agreement dated September 18, 1984 and known as Trust No. 62258, AMERICAN NATIONAL BANK AND TRUST COMPANY, as Trustee under Trust Agreement dated October 14, 1985 and known as Trust No. 67508 and AMERICAN NATIONAL BANK AND TRUST COMPANY, as Trustee under Trust Agreement dated March 6, 1986 and known as Trust No. 66526 (collectively herein referred to as "Owner ") are the owners of record of certain real estate, the legal description of which is set forth in Exhibit A to the attached Amendment to an Annexation Agreement; and WHEREAS, the Amendment to the Annexation Agreement pertains to the property described in Exhibit A which is referred to in the Annexation Agreement as the "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 Amendment to the Annexation Agreement with respect to the Property, a copy of which 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 permit the existing use and future development of the Property in the manner proposed in the attached Amendment to the Annexation Agreement and Exhibits attached thereto and made a part. thereof, 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 Amendment to the Annexation Agreement; and WHEREAS, said Corporate Authorities, after due and careful consideration, have concluded that the existing use and future development of the Property on the terms and conditions set forth in said attached Amendment to the Annexation Agreement would further the growth of the Village, enable the Village to control the, development 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: RESOLUTION NO. R -87 -11 RESOLUTION APPROVING AN AMENDMENT TO AN ANNEXATION AGREEMENT SECTION That the Amendment to the Annexation Agreement attached ONE: hereto between the Village of Deerfield and AMERICAN NATIONAL BANK AND TRUST COMPANY, as Trustee under Trust Agreement dated September 18, 1984 and known as Trust No. 62258, AMERICAN NATIONAL BANK AND TRUST COMPANY under Trust Agreement dated October 14, 1985 and known as Trust No. 67508, and AMERICAN NATIONAL BANK AND'TRUST COMPANY under Trust Agreement dated March 6, 1986, and known as Trust No. 66526, be and the same is hereby approved. SECTION That the President and Clerk of the Village of TWO: Deerfield are hereby authorized and directed to execute said Amendment to Annexation Agreement. AYES: Marty, Rosenthal, Seidman; Swanson, York (5) ` NAYS: None (0) ABSENT: None ( 0) ABSTAIN: Marovi tz (1) PASSED this 5th day of OctnhPr A.D., 1987. APPROVED this 5th day of October A.D. , 1987. LLAGE PRESIDENT ATTEST: VILLAGE LERK (peputy P RST AMENDMENT TO ANNEXATION_ AGREEMENT THIS FIRST AMENDMENT TO ANNEXATION AGREEMENT is entered into as of 060beC N5 , 1987, by and between the VILLAGE OF DEERFIELD, ILLINOIS, a municipal corporation (the "Village "), by and through its President and Board of Trustees (collectively, the "Corporate Authorities "); DEERFIELD- SAUNDERS JOINT VENTURE (the "Developer ") an Illinois general partnership by LP Equity Associates Limited ( "Equity "), the managing general partner of Developer; and AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee (the "Trustee" or the "Owner ") under those certain Trust Agreements dated September 18, 1984, October 4, 1985 and March 6, 1986 and respectively known as Trust Nos. 62258, 65708 and 66526 (the "Trusts "). KP 44 WHEREAS, as of February 4, 1985, the Village, the Developer, the Trustee as Trustee under Trust Nos. 60644 and 62258 and Richard Frigo executed a certain Annexation Agreement; and WHEREAS, since February 4, 1985, Richard Frigo has sold his property to Trust No. 66526; and WHEREAS, property was transferred between Trust No. 60644 and the Trusts so that the Property is currently owned by the Trusts; and WHEREAS, Hawthorne Lane has been relocated at its intersection with Saunders Road; and WHEREAS, the Owner and the Developer have requested that Hawthorne Lane as.relocated be recognized as the Hawthorne Lane - described in the Annexation Agreement and that the property located north of Hawthorne Lane which is south of the old property line be annexed to the Village of Deerfield; 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 that the Annexation Agreement is amended as follows: 1. The definition of the term "Property" is hereby amended by adding to the description contained in the Annexation Agreement the land described on Exhibit A attached hereto. 2. Hawthorne Lane is recognized as the relocated Hawthorne Lane as shown on the plat of dedication approved by the Village. 3. The Notice provision in Section 22 of the Annexation Agreement is hereby amended so that: copies are no longer sent to the firm of Loncar, Nordigian & Radosevich; the address of Mayer, Brown &Platt is changed to 190 South LaSalle Street, Chicago, Illinois 60603; and the copy sent to Pedersen & Houpt is sent to the attention of James K. Stucko. 4 4. All of the terms, conditions, agreements and provisions set forth in the Annexation Agreement, as hereby amended, shall be and they hereby are reaffirmed, ratified, confirmed in their entirety and incorporated herein by reference as if fully set forth herein. IN WITNESS WHEREOF, the Village, the Developer and the Owner have caused this instrument to be executed by their respective proper officials duly authorized to execute the same as of the day and the year first above written. VILLAGE OF DEERFIELD, an Illinois municipal Attest: co rpo ation A,A� By: ��4 1�r illage C1 k Title: DEERFIELD - SAUNDERS JOINT VENTURE, an Illinois general partnership �. By: LP Equit ssociates Limited, its managing aene r 1 partner By : Title • vt C6 ru AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not individually but as Trustee under a Trust Agreement dated September 18, Attest: 1984 and known as %I-ust No. 62258 By: Tit e: Title: This Ins!n,ment Is executed by AMERICAN NATIOWAL ONO AND TRURT PP T`r OF CtlV : but solely as Trustee, is eforeseid. any r 4: r ­ f•.rmed hereunder by AMERICAN l -' are undertaken by it solely ae r: r9 p liability shall be n3c"n aE'.•�•' '.aii':iin !iAY; AiiO TRUST COMPANY OF 'vii any cr tns couen ��is, oia,emarta, ropfuertatlorta or werratics ir�trvn;ent. Attest: Title • «T meRMr7 AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not individually but as Trustee under a Trust Agreement dated October 4, 1985 and known s T t No. 65708 By: Title: RF0)R, T AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not individually but as Trustee under a Trust Agreement dated/ March 6, Attest: 1986 and known4az Trust No. 66526 Y Titl r o V. By. Title: Prepared by (and when recorded return to): Priscilla C. Sperling MAYER, BROWN & PLATT 190 South LaSalle Street Chicago, Illinois 60603 (312) 782 -0600 -3- STATE OF ILLINOIS ) ) SS. COUNTY OF LAKE ) I, � w o, , a notary public in and for said Coun , in the Stgje afor said, DO HEREBY CERTIFY THAT personally known to me to be the President of the Village of Deerfield, an Illinois municipal corporation, and Personally known to me to the Deputy Village Clerk said illage, jtfA personally known to me to be the same persons whose names are subscri d to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Deputy Village C1'erk, they signed and delivered the said instrument as President and Deputy Village Clerk of said Village, and caused the corporate seal of said Village to be affixed thereto, pursuant to authority given by the Board of Trustees of said Village, as their free and voluntary act, and as the free and voluntary act and deed of said Village, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of 1987. Notary Public My Commission Expires: [SEAL] ,2413Z91 OFFICIAL SEAL SHARON K CROMIE NOTARY PLGLIC STATE OF ILLINOIS COMMISSION EXP £EB 23.1991 STATE OF ILLINOIS SS. COUNTY OF COOK a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT Patrick R. Hunt personally known to me to be the Vice President of LP EQUITY ASSOCIATES LIMITED, an Illinois limited partnership, a general partner in DEERFIELD - SAUNDERS JOINT VENTURE, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that on behalf of said general partner he signed and delivered the said instrument pursuant to authority given by the partners of DEERFIELD - SAUNDERS JOINT VENTURE, as his free and voluntary act, and as the free and voluntary act and deed of said joint venture and said partnership, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this 9711 day of October, 1987. My Commission Expires: Notary Public "OFFICIAL SEAL" i CHERYL It �M,U,ZIK ; , F otdriTublic; State' of Illinois Cook County y Commission Expires ©OC, 8, 1990 _ ----------------- ____1 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) LORETTA M. SOY �I�1 I, , a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT `Illmcnra orn- !r personally known to me to be the President of American National Bank and Trust Company of Chicago, a national banking association which is a Trustee of the aforesaid "e +er H. Johansen Trus��I���.r2�,r�Y. Y personally known to me to btc a of said association, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me th%ys.in person and knowledged that as such .I' President and -e they signed An a vered the said instrument as President and ° 0 1 lA�� SECR.ETAR'jof said association, J and caused the corporate seal of said association to be affixed thereto, pursuant to authority given by the Board of Directors of said association, as their free and voluntary act, and as the free and voluntary act and deed of said association, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of 1987. N0 F 16. M Notary Public My Commission Expires: [SEAL] "OFFICIAL SEAL Lore'ta M. Sovienski No -ar �VAic, State of Illinois My Comm-ss:on Expires 6121188 STATE OF ILLINOIS SS. COUNTY OF COOK ) LORETTA M. SOVIENSKI a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT h personally known to me to be theIC" ,r President o American National Bank and Trust Company of Chicago, a national banking association which is a Trustee of the aforesaid Trust No. 66526, and Peter H. 3ohsea personally known to me to be A61WANT SECRETARY of said association, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me thi.,in person and everallyy acknowledged that as such =��'� ...'r President and ASSISTANTS CR.ETAAR',' they signed ddQQ��, vered the said instrument as President andSIST�IVT SECR.ETAFLgf said association, and caused the corporate seal of said association to be affixed thereto, pursuant to authority given by the Board of Directors of said association, as their free and voluntary act, and as the free and voluntary act and deed of said association, for the uses and purposes the set forth. NOV 16 1987 GIVEN under my hand and notarial seal this day of , 1987. Notary Public My Commission Expires: [SEAL]. "OFFICIAL SEAL" Loretta I'v]. Sovienski War Puhiic, State of if ;nois [A%! (,Ommss'on F_x^ires 6,12- r88 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) LORETTA M. SOVIENS& I, , a notary public in and fo said County, in the State aforesaid DO HEREBY CERTIFY THAT M. MICHAEL MLAN personally known to me to' be the r. President of American National Bank and Trust Company of Chicago, a national banking association which is a Trustee of the aforesaid Trus AWANT . 65708 and peter H. Johansen personally known to me to b SVCRETA of said association, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me .ty day in person and severally acknowledged that as such President and ASSISTANT, ECR.ETAMt. they signed and delivered the said instrument as President and `cif said association, and daUsid the corporate seal sai association to be affixed thereto, pursuant to authority given by the Board of Directors of said association, as their free and voluntary act, and as the free and voluntary act and deed of said association, f��h� se.S. nd purposes therein set forth. �1yy8� GIVEN under my hand and notarial seal this day of 1987. Notary Public My Commission Expires: [SEAL] "OFFICIAL SEAL" Lore-,fa P,4. Sovlenski NoEar ui' c ';tai" o; :Wno ;s MY Comm ss'on Fx ; res IIY I=Jt C "fitY EXHIBIT A Legal Description of the Additional Property THAT PART OF THE NORTH HALF OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT TUF INTERSECTION OF THE SOUTH LINT: OF HAWTHORNE LANE (AS DEDICATED PER DOCUMENT NO. 241933) WITH THE: EASTERLY LINE OF SAUNDERS ROAD (AS DEDICATED PER DOCUMENT NO. 241933); THENCE EAST ALONG THE SOUTH LINE OF HAWTHORNE LANE, HAVING AN ASSUMED BEARING OF NORTH 90 DEGREES 00 MINUTES EAST, A DISTANCE OF 367.83 FEET TO A POINT OF CUSP; SAID POINT BEING THE POINT OF CURVATURE OF A CURVE WHOSE RADIUS POINT BEARS SOUTH, THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 375.00 FEET, A CHORD BEARING OF SOUTH 78 DEGREES 00 MINUTES WEST, AN ARC LENGTH OF 157.08 FEET; THENCE SOUTH 66 DEGREES 00 MINUTES WEST, TANGENT TO THE LAST DESCRIBED COURSE, A DISTANCE OF 46.23 FEET; THENCE SOUTHWESTERLY, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 275.00 FEET, A CHORD BEARING OF SOUTH 78 DEGREES 00 MINUTES WEST, AN ARC LENGTH OF 115.19 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES EAST, TANGENT TO THE LAST DESCRIBED COURSE, 73.01 FEET TO THE EAST LINE OF SAUNDERS ROAD (AS DEDICATED PER DOCUMENT NO. 241933); THENCE NORTH 8 DEGREES 56 MINUTES 03 SECONDS EAST, ALONG THE EASTERLY LINE OF SAUNDERS ROAD (AS DEDICATED PER DOCUMENT NO. 241933), A DISTANCE OF 75.92 FEET TO THE POINT OF BEGINNING. STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) VILLAGE OF DEERFIELD ) SS 2-,.6-3 24 Dr6-, The undersigned hereby certifies that she is the duly appointed Deputy Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of RESOLUTION NO. 0 -87 -11 "Resolution Approving an Amendment to an Annexation Agreement R-6:-co e- l F h lei O SS passed by the President and Baord of Trustees of the said Village at a regular meeting thereof held on October 5, 1987 , and now in full force and effect, all as appears in the records and files of the office of the Village Clerk. Dated this 17th day of November, 1987 S E A L SHARON K. CROMIE Deputy Village Clerk RESOLUTION. NO. 0 -87 -11 RESOLUTION APPROVING AN AMENDMENT TO AN ANNEXATION AGREEMENT Published in pamphlet form this ith day Of OrtnhPr 1987 by the President and Board of Trustees of Deerfield z RESOLUTION NO. R -87 -11 RESOLUTION APPROVING AN AMENDMENT TO AN ANNEXATION AGREEMENT WHEREAS, AMERICAN NATIONAL BANK AND TRUST COMPANY as Trustee under Trust Agreement dated September 18, 1984 and known as Trust No. 62258, AMERICAN NATIONAL BANK AND TRUST COMPANY, as Trustee under Trust Agreement dated October 14, 1985 and known as Trust No. 67508 and AMERICAN - NATIONAL BANK AND TRUST COMPANY, as Trustee under Trust Agreement dated March 6, 1986 and known as Trust No. 66526 (collectively herein referred to as "Owner ") are the owners of record of certain real estate, the legal description of which is set forth in Exhibit A to the attached Amendment to an Annexation Agreement; and WHEREAS, the Amendment to the Annexation Agreement pertains to the property described in Exhibit A which is referred to in the Annexation Agreement as the "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 Amendment to the Annexation Agreement with respect to the Property, a copy of which 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 permit the existing use and future development of the Property in the manner proposed in the attached Amendment to the Annexation Agreement and Exhibits attached thereto and made a part thereof, 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 Amendment to the Annexation Agreement; and WHEREAS, said Corporate Authorities, after due and careful consideration, have concluded that the existing use and future development of the Property on the terms and conditions set forth in said attached Amendment to the Annexation Agreement would further the growth of the Village, enable the Village to control the development 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: RESOLUTION NO. R -87 -11 RESOLUTION APPROVING AN AMENDMENT TO AN ANNEXATION AGREEMENT SECTION That the Amendment to the Annexation Agreement attached ONE: hereto between the Village of Deerfield and AMERICAN NATIONAL BANK AND TRUST COMPANY, as Trustee under Trust Agreement dated September 18, 1984 and known as Trust No. 62258, AMERICAN NATIONAL BANK AND TRUST COMPANY under Trust Agreement dated October 14, 1985 and known as Trust No. 67508, and AMERICAN NATIONAL BANK AND TRUST COMPANY under Trust Agreement dated March 6, 1986, and known as Trust No. 66526, be and the same is hereby approved. SECTION That the President and Clerk of the Village of TWO: Deerfield are hereby authorized and directed to execute said Amendment to Annexation Agreement. AYES: Marty, Rosenthal, Seidman, Swanson, York (5) NAYS: None ( 0 ) ABSENT: None (0) ABSTAIN: Marovitz (1) PASSED this nth day of OrtobPr A.D. , 1987. APPROVED this 5th day of October A.D. , 1987. LLAGE PRESIDENT ATTEST: VILLAGEAZLERK (Deputy RST_AMENDMENT TO ANNEXATION AG THIS FIRST AMENDMENT TO ANNEXATION AGREEMENT is entered into as of 1987, by and between the VILLAGE OF DEERFIELD, ILLINOIS, a municipal corporation (the "Village "), by and through its President and Board of Trustees (collectively, the "Corporate Authorities "); DEERFIELD- SAUNDERS JOINT VENTURE (the "Developer ") an Illinois general partnership by LP Equity Associates Limited ( "Equity "), the managing general partner of Developer; and AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee (the "Trustee" or the "Owner ") under those certain Trust Agreements dated September 18, 1984, October 4, 1985 and March 6, 1986 and respectively known as Trust Nos. 62258, 65708 and 66526 (the "Trusts "). WITNESSETH• WHEREAS, as of February 4, 1985, the Village, the Developer, the Trustee as Trustee under Trust Nos. 60644 and 62258 and Richard Frigo executed a certain Annexation Agreement; and WHEREAS, since February 4, 1985, Richard Frigo has sold his property to Trust No. 66526; and WHEREAS, property was transferred between Trust No. 60644 and the Trusts so that the Property is currently owned by the Trusts; and WHEREAS, Hawthorne Lane has been relocated at its intersection with Saunders Road; and WHEREAS, the Owner and the Developer have requested that Hawthorne Lane as.relocated be recognized as the Hawthorne Lane described in the Annexation Agreement and that the property located north of Hawthorne Lane which is south of the old property line be annexed to the Village of Deerfield; 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 that the Annexation Agreement is amended as follows: 1. The definition of the term "Property" is hereby amended by adding to the description contained in the Annexation Agreement the land described on Exhibit A attached hereto. 2. Hawthorne Lane is recognized as the relocated Hawthorne Lane as shown on the plat of dedication approved by the Village. 3. The Notice provision in Section 22 of the Annexation Agreement is hereby amended so that: copies are no longer sent to the firm of Loncar, Nordigian & Radosevich; the address of Mayer, Brown & Platt is changed to 190 South LaSalle Street, Chicago, Illinois 60603; and the copy sent to Pedersen & Houpt is sent to the attention of James K. Stucko. 4. All of the terms, conditions, agreements and provisions set forth in the Annexation Agreement, as hereby-amended, shall be and they hereby are reaffirmed, ratified, confirmed in.their entirety and incorporated herein by reference as if fully set forth herein. IN WITNESS WHEREOF, the Village, the Developer and the Owner have caused this instrument to be executed by their respective proper officials duly authorized to execute the same as of the day and the year first above written. VILLAGE OF DEERFIELD, an Illinois municipal Attest: co rpo ation A'A� By: "_7 illage Cl k Title: �r.,�.a,�� DEERFIELD- SAUNDERS JOINT VENTURE, an Illinois general partnership By: LP Equity,-Associates Limited, its manaVe ene(r 1 partner By: Title: AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not individually but as Trustee under a Trust Agreement dated September 18, Attest: 1984 and knoWn as Tkust No. 62258 1 By: Tita/e: Title: -kU " This ins+n"wnt 1� M AMEP.•TAR NA.T10% VFK 1140 C' �''. " .. ;�'c7,. *,'; g ^, nl:' Ps TNtteo, s efc es? 1":viindv by Ah'TRIC1.. T'' GV r Oall b? :Ee %i iii: LUi`d...i:{:� E:b`.r.:1!'w� fe1}(E.tL'i:3i10lfp Qi ffC(i►;fli:f,- Y�I.YJ..t:� .. . IL3l1u;nL_ Attest: Title: 4 v--.f' 9* Attest: :i Title;/ AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not individually but as Trustee under a Trust Agreement dated October 4, 1985 and known s T t No. 65708 By: Title: *, Frr�r ecr AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not individually but as Trustee under a Trust Agreement dated March 6, 1986 and known a Trus No. 66526 By: Title: Prepared by (and when recorded return to): Priscilla C. Sperling MAYER, BROWN & PLATT 190 South LaSalle Street Chicago, Illinois 60603 (312) 782 -0600 -3- STATE OF ILLINOIS ) ) SS. COUNTY OF LAKE ) I, Win, ( a notary public in and for said Coun , in the Se aforesaid, DO HEREBY CERTIFY THAT ,� , personally known to me to be the President of the Village of Deerfiel ,'an Illinois municipal corporation, and personally known to me to the Deputy Village Clerk said it age, personally known to me to be the same persons whose names are subscri d to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Deputy Village Clerk, they signed and delivered the said instrument as President and Deputy Village Clerk of said Village, and caused the corporate seal of said Village to be affixed thereto, pursuant to authority given by the Board of Trustees of said Village, as their free and voluntary act, and as the free and voluntary act and deed of said Village, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal My Commission Expires: "?, / /.2-3 / g this `'day of 1987. Notary Public [SEAL] OFFICIAL SEAL SHARON K CROMIE NOTARY PLGLIC STATE OF ILLINOIS COMMISSION 1XP M 23.1991 STATE OF ILLINOIS SS. COUNTY OF COOK I, 0,1 -,e; yl L Inct Z" k , a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT Patrick R. Hunt personally known to me to be the Vice President of LP EQUITY ASSOCIATES LIMITED, an Illinois limited partnership, a general partner in DEERFIELD - SAUNDERS JOINT VENTURE, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that on behalf of said general partner he signed and delivered the said instrument pursuant to authority given by the partners of DEERFIELD - SAUNDERS JOINT VENTURE, as his free and voluntary act, and as the free and voluntary act and deed of said joint venture and said partnership, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this % day of October, 1987. My Commission Expires: Notary Public "OFFICIAL SEAL" CHERYL L. MUZIK Notary Public, State of Illinois Cook County My Commission Expires Dec, 8, 1990 STATE OF ILLINOIS ) 'SS. COUNTY OF COOK ) 1 I, a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT personally known to me to be the President of American National Bank and Trust Company of Chicago,.a national banking association which is a Trustee of the aforesaid t+e�eS I', ZrohanseI1 Trus�cAt , t�, �.r- personally known to me to be t'e `' �'" of said association, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me th,S v in person and s�ra�l1� acknowledged that as such lam' . President and they signed and ..delivered : the said instrument.as President and n�5(:�f'e1_ = =of said association, and caused the corporate seal of said association to be affixed thereto, pursuant to authority given by the Board of Directors of said association, as their free and voluntary act, and as the free and voluntary act and deed -of said association, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of 1987. 4T 1 Notary Public My Commission Expires: [SEAL] -pir2S 612.1'!.8..9 STATE OF ILLINOIS ) SS. COUNTY OF COOK ) n t 9. SO V;G14 SKl I �.�R. r, f'1 a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT 4 �- -W personally known to me to be the ---'� President o 'Ainerican National Bank and Trust Company of Chicago, a national banking association which is a Trustee of the aforesaid Trust No. 66526, and Peter A. .Toha�S6L personally known to me to beT.ANT of said association, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me thi p in person and severally acknowledged that as such =r President and ASISTANT SrGi�.r." ,' they signed ' g delivered the said instrument as - President and�S►.;lh.'i�. Win~ =.-;6f said association, and caused the corporate seal of said association to be affixed thereto, pursuant to authority given by the Board of Directors of said association, as their free and voluntary act, and as the free and voluntary act and deed of said association, for the uses and purposes therein set forth. 1987 f.0 v 1 GIVEN under my hand and notarial seal this , 1987. Notary Public My Commission Expires: [SEAL] day of :y.�.;r3�rCa�ieF "OLFICI,4L Sc Lore?ta fv'. ov e s i f 0 ar' h'U`.?itf., ;.late 01 n0 S STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) LORET T A M. SOVIcfNSJ% I, a notary public in and fo said County, in the State aforesaid, DO HEREBY CERTIFY.THAT i, MICHAEL WH,LAN personally known to me to be the 'r President of American National Bank and Trust Company of Chicago, a national banking association which is a Trustee of the aforesaid Trust No. 65708 and Peter R. Johansen personally known to me to b6S€h7ANT SVCRETA of said association, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me th' day in person and severally acknowledged that as such President and ASSISTp,N. Sc*17=, r't, they signed and delivired the said instrument as President and - r_ . `5f said association, and caused the corporate seal sai association to be affixed thereto, pursuant to authority given by the Board of Directors of said association, as their free and voluntary act, and as the free and voluntary act and deed of said association, for,,�h� � ses nd o purposes therein set forth. ��yy��j GIVEN under my hand and notarial seal this day of 1987. Notary Public My Commission Expires: [SEAL) "OFFICIAL SEAL" Lore;;a P,4. Sovienski No:ar ''u °.tai My COMM ss'on rx k`...Col.. EXHIBIT A Legal Description of the Additional Property THAT PART OF THE NORTH HALF OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGTKNI?JG AT TF7 INTERSECTION OF THE SOUTH LIN!' OF HAWTHORI;E LANE (AS DEDICATED PER DOCUMENT NO. 241933) WITH THE EASTERLY LINE OF SAUNDERS ROAD (AS DEDICATED PER DOCUMENT NO. 241933); THENCE EAST ALONG THE SOUTH LINE OF HAWTHORNE LANE, HAVING AN ASSUMED BEARING OF NORTH 90 DEGREES 00 MINUTES EAST, A DISTANCE OF 367.83 FEET TO A POINT OF CUSP; SAID POINT BEING THE POINT OF CURVATURE OF A CURVE WHOSE RADIUS POINT BEARS SOUTH, THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 375.00 FEET, A CHORD BEARING OF SOUTH 78 DEGREES 00 MINUTES WEST, AN ARC LENGTH OF 157.08 FEET; THENCE SOUTH 66 DEGREES 00 MINUTES WEST, TANGENT TO THE LAST DESCRIBED COURSE, A DISTANCE OF 46.23 FEET; THENCE SOUTHWESTERLY, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 275.00 FEET, A CHORD BEARING OF SOUTH 78 DEGREES 00 MINUTES WEST, AN ARC LENGTH OF 115.19 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES EAST, TANGENT TO THE LAST DESCRIBED COURSE, 73.01 FEET TO THE EAST LINE OF SAUNDERS ROAD (AS DEDICATED PER DOCUMENT NO. 241933); THENCE NORTH 8 DEGREES 56 MINUTES 03 SECONDS EAST, ALONG THE EASTERLY LINE OF SAUNDERS ROAD (AS DEDICATED PER DOCUMENT NO. 241933), A DISTANCE OF 75.92 FEET TO THE POINT OF BEGINNING. �,�.� �? �0� '�r �p /�/6% October 7, 1987 EERFIELD, ILLINOIS Ms. Mary Ann Cronin LaSalle Partners, Ltd. 11 South LaSalle Street, Suite 400 Chicago, Illinois 60603 Dear Ms. Cronin: 850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 Mayor BERNARD FORREST Manager ROBERT D. FRANZ Clerk NAOMI S. CLAMPITT Trustees JAMES L MAROVITZ CYNTHIA J. MARTY HARRIET ROSENTHAL EDWIN B. SEIDMAN VERNON E.SWANSON J. ROBERT YORK Enclosed are a copy of Resolution R- 87 -11, which approves the amendment to your annexation agreement. This was adopted by the Mayor and Board of Trustees at their meeting Monday evening. Also enclosed is the original signature page together with the pages to be notarized. Please have these signed and sealed and return the originals to my attention. We also need the legal description of the property. Sincerely, A60kBERT 'DZ � FRANZ Village Manager RE'SO:LUTLON- ENO. R -87 -11 RESOLUTION APPROVING AN AMENDMENT TO AN ANNEXATION AGREEMENT Published in pamphlet form this 5th day of Ortnhar , 1987 by the President and Board of Trustees of Deerfield RESOLUTION NO. R -87 -11 RESOLUTION APPROVING AN AMENDMENT TO AN ANNEXATION AGREEMENT WHEREAS, AMERICAN NATIONAL BANK AND TRUST COMPANY as Trustee under Trust Agreement dated September 18, 1984 and known as Trust No. 62258, AMERICAN NATIONAL BANK AND TRUST COMPANY, as Trustee under Trust Agreement dated October 14, 1985 and known as Trust No. 67508 and AMERICAN NATIONAL BANK AND TRUST COMPANY, as Trustee under Trust Agreement dated March 6, 1986 and known as Trust No. 66526 (collectively herein referred to as "Owner ") are the owners of record of certain real estate, the legal description of which is set forth in Exhibit A to the attached Amendment to an Annexation Agreement; and WHEREAS, the Amendment to the Annexation Agreement pertains to the property described in Exhibit A which is referred to in the Annexation Agreement as the "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 Amendment to the Annexation Agreement with respect to the Property, a copy of which 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 permit the existing use and future development of the Property in the manner proposed in the attached Amendment to the Annexation Agreement and Exhibits attached thereto and made a part thereof, 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 Amendment to the Annexation Agreement; and WHEREAS, said Corporate Authorities, after due and careful consideration, have concluded that the existing use and future development of the Property on the terms and conditions set forth in said attached Amendment to the Annexation Agreement would further the growth of the Village, enable the Village to control the development 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: RESOLUTION NO. R -87 -11 RESOLUTION APPROVING AN AMENDMENT TO AN ANNEXATION AGREEMENT SECTION That the Amendment to the Annexation Agreement attached ONE: hereto between the Village of Deerfield and AMERICAN NATIONAL BANK AND TRUST COMPANY, as Trustee under Trust Agreement dated September 18, 1984 and known as Trust No. 62258, AMERICAN NATIONAL BANK AND TRUST COMPANY under Trust Agreement dated October 14, 1985 and known as Trust No. 67508, and AMERICAN NATIONAL BANK AND TRUST COMPANY under Trust Agreement dated March 6, 1986, and known as Trust No. 66526, be and the same is hereby approved. SECTION That the President and Clerk of the Village of TWO: Deerfield are hereby authorized and directed to execute said Amendment to Annexation Agreement. AYES: Marty, Rosenthal, Seidman, Swanson, York (5) NAYS: None (0) ABSENT: None (0) ABSTAIN: Marovitz (1) PASSED this Sth day of October A.D., 1987. APPROVED this 5th day of October A.D. , 1987. LLAGE PRESIDENT ATTEST: VILLAGE/' (Deputy P FIRST AMENDMENT TO ANNEXATION AGREEMENT THIS FIRST AMENDMENT TO ANNEXATION AGREEMENT is entered into as of , 1987, by and between the VILLAGE OF DEERFIELD, ILLINOIS, a municipal corporation (the "Village "), by and through its President and Board of Trustees (collectively, the "Corporate Authorities "); DEERFIELD- SAUNDERS JOINT VENTURE (the "Developer ") an Illinois general partnership by LP Equity Associates Limited ( "Equity "), the managing general partner of Developer; and AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee (the "Trustee" or the "Owner ") under those certain Trust Agreements dated September 18, 1984, October 4, 1985 and March 6, 1986 and respectively known as Trust Nos. 62258, 65708 and 66526 (the "Trusts "). WITNESSETH: WHEREAS, as of February 4, 1985, the Village, the Developer, the Trustee as Trustee under Trust Nos. 60644 and 62258 and Richard Frigo executed a certain Annexation Agreement; and WHEREAS, since February 4, 1985, Richard Frigo has sold his property to Trust No. 66526; and WHEREAS, property was transferred between Trusi No. 60644 and the Trusts so that the Property is currently owned by the Trusts; and WHEREAS, Hawthorne Lane has been relocated at its intersection with Saunders Road; and WHEREAS, the Owner and the Developer have requested that Hawthorne Lane as relocated be recognized as the Hawthorne Lane described in the Annexation Agreement and that the property located north of Hawthorne Lane which is south of the old property line be annexed to the Village of Deerfield; 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 that the Annexation Agreement is amended as follows: 1. The definition of the term "Property" is hereby amended by adding to the description contained in the Annexation Agreement the land described on Exhibit A attached hereto. 2. Hawthorne Lane is recognized as the relocated Hawthorne Lane as shown on the plat of dedication approved by the Village. 3. The Notice provision in Section 22 of the Annexation Agreement is hereby amended so that: copies are no longer sent to the firm of Loncar, Nordigian & Radosevich; the address of Mayer, Brown & Platt is changed to 190 South LaSalle Street, Chicago, Illinois 60603; and the copy sent to Pedersen & Houpt is sent to the attention of James K. Stucko. 4. All of the terms, conditions, agreements and provisions set forth in the Annexation Agreement, as hereby amended, shall be and they hereby are reaffirmed, ratified, confirmed in their entirety and incorporated herein by reference as if fully set forth herein. IN WITNESS WHEREOF, the Village, the Developer and the Owner have caused this instrument to be executed by their respective proper officials duly authorized to execute the same as of the day and the year first above written. Attest: A'4�& "7 illage Cleffk Attest: Title: Attest: Title: VILLAGE OF DEERFIELD, an Illinois municipal co rpo ation By: Title: DEERFIELD- SAUNDERS JOINT VENTURE, an Illinois general partnership By: LP Equity Associates Limited, its managing general partner By: Title: AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not individually but as Trustee under a Trust Agreement dated September 18, 1984 and known as Trust No. 62258 By. -2- Title: AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not individually but as Trustee under a Trust Agreement dated October 4, Attest: 1985 and known as Trust No. 65708 By: Title: Title: AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not individually but as Trustee under a Trust Agreement dated March 6, Attest: 1986 and known as Trust No. 66526 By: Title: Title: Prepared by (and when recorded return to): Priscilla C. Sperling MAYER, BROWN & PLATT 190 South LaSalle Street Chicago, Illinois 60603 (312) 782 -0600 Ml= EXHIBIT A Legal Description of the Additional Property STATE OF ILLINOIS ) ) SS. COUNTY OF LAKE ) I , , a notary public in and for said Coun,try, in the Se said, DO HEREBY CERTIFY THAT , personally,'known to me to be the President of the Village of Deerfield, an Illinois municipal corporation, and personally known to me to the Deputy Village Verk 6 said Village, gp personally known to me to be the same persons whose names are subscri d to the foregoing instrument, appeared before me this day in person-and severally acknowledged that as such President and Deputy Village C'l'e.rk, they signed and delivered the said instrument as President and Deputy Village Clerk of said Village, and caused the corporate seal of said Village to be affixed thereto, pursuant to authority given by the Board of Trustees of said Village, as their free and voluntary act, and as the free and voluntary act and deed of.said Village, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this �day of e 1987. My Commission Expires: ,52,41 -3 / Z91 — otary Public [SEAL] 7OFFICIAL SEAL NOTARY RON K CROMIE FSLIC STAT E OF ILLMIOIS ION EXP £EH 211991 STATE OF ILLINOIS ) SS. COUNTY OF COOK ) I, , a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT personally known to me to be the of LP Equity Associates Limited, which is a general partner of Deerfield- Saunders Joint Venture, an Illinois general partnership, and personally known to me to be the of said partnership, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such and , they signed and delivered the said instrument as and of said partnership, pursuant to proper authority, as their free and voluntary act, and as the free and voluntary act and deed of said partnerships, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of 1987. Notary Public My Commission Expires: [SEAL] STATE OF ILLINOIS ) SS. COUNTY OF COOK ) I, , a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT personally known to me to be the of Equity Associates Incorporated, which is a general partner of Deerfield- Saunders Joint Venture, an Illinois general partnership, and personally known to me to be the of said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such and , they signed and delivered the said instrument as and of said corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority given by the Board of Directors of said corporation, as their free and voluntary act, and as the free and voluntary act and deed of said corporation and partnership, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of 1987. Notary Public My Commission Expires: (SEAL) STATE OF ILLINOIS SS. COUNTY OF COOK I, , a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT personally known to me to be the President of American National Bank and Trust Company of Chicago, a national banking association which is a Trustee of the aforesaid Trust No. 62258, and personally known to me to be the of said association, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person and severally acknowledged that as such President and , they signed and delivered the said instrument as President and of said association, and caused the corporate seal of said association to be affixed thereto, pursuant to authority given by the Board of Directors of said association, as their free and voluntary act, and as the free and voluntary act and deed of said association, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of 1987. Notary Public My Commission Expires: [SEAL] STATE OF ILLINOIS SS. COUNTY OF COOK I, , a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT personally known to me to be the President of American National Bank and Trust Company of Chicago, a national banking association which is a Trustee of the aforesaid Trust No. 65708, and personally known to me to be the of said association, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person and severally acknowledged that as such President and , they signed and delivered the said instrument as President and of said association, and caused the corporate seal of said association to be affixed thereto, pursuant to authority given by the Board of Directors of said association, as their free and voluntary act, and as the free and voluntary act and deed of said association, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this �_ day of 1987. Notary Public My Commission Expires: [SEAL) STATE OF ILLINOIS ) SS. COUNTY OF COOK ) I, , a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT personally known to me to be the President of American National Bank and Trust Company of Chicago, a national banking association which is a Trustee of the aforesaid Trust No. 66526, and personally known to me to be the of said association, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before,me this day in person and severally acknowledged that as such President and , they signed and delivered the said instrument as President and of said association, and caused the corporate seal of said association to be affixed thereto, pursuant to authority given by the Board of Directors of said association, as their free and voluntary act, and as the free and voluntary act and deed of said association, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of , 1987. Notary Public My Commission Expires: [SEAL]