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O-02-025223931 FILED FOR RECORD BY: STATE OF ILLINOIS ) MARY ELLEN! VANDERVENTER LAKE COUNTY s IL RECORDER COUNTIES OF LAKE AND COOK ) SS 05/09/2003 - 09:35:27 A.M. REGEIFT :: 85843 VILLAGE OF DEERFIELD ) i DRAWER :: 40 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 Revised Ordinance No. 0 -02 -02 entitled "An Ordinance Authorizing the Execution of an Annexation Agreement with Respect to Certain Property Commonly Known as 1425 Carol Lane" which was previously recorded on May 29, 2002 ( #4933067) with an incorrect date as appears in the records and files of the office of the Village Clerk. Dated this March 28, 2003 SEAL IkOftlft D. FRANZ, Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 5223931 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -02 -02 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH RESPECT TO CERTAIN PROPERTY COMMONLY KNOWN AS 1425 CAROL LANE Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 8th day of January , 2002. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 7th January- day , 2002 5223931 a VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -02 -02 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH RESPECT TO CERTAIN PROPERTY COMMONLY KNOWN AS 1425 CAROL LANE WHEREAS, the owners of the territory commonly known as 1425 Carol Lane, Deerfield, Illinois, legally described in the Annexation Agreement attached hereto as Exhibit A, have requested that said territory be annexed to the Village of Deerfield pursuant to the terms of said Annexation Agreement; and, WHEREAS, a public hearing was held on August 20, 2001 to consider said Annexation Agreement, said hearing being duly held in accordance with the procedures and pursuant to the notices required by Section 11- 15.1 -3 of the Illinois Municipal Code (65 ILCS 5/11- 15.1 -3); and, WHEREAS, the corporate authorities of the Village of Deerfield have determined that it is in the best interests of the Village of Deerfield, Lake and Cook Counties, Illinois, that said Annexation Agreement be entered into; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: The corporate authorities of the Village of Deerfield do hereby approve the Annexation Agreement between the Village of Deerfield and Mark B. Levitt and Katherine Levitt, the owners of the property commonly known as 1425 Carol Lane, Deerfield, Illinois, 5223931 3 which is legally described therein. A copy of said Annexation Agreement as hereby approved is attached to this ordinance as Exhibit B. The Village President and the Village Clerk are hereby respectively authorized and directed to execute and attest said annexation agreement for and on behalf of the Village of Deerfield. SECTION 2: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. PASSED By a two- thirds vote of the corporate authorities of the Village of Deerfield holding office this 7th day of January -,200.2. AYES: Harris, Ragona,:'Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ABSENT: Kayne (1) 5223931 ANNEXATION AGREEMENT THIS AGREEMENT is entered into this 7th day of May , 2002, by and between the VILLAGE OF DEERFIELD, an Illinois municipal corporation; Lake and Cook Counties, Illinois (hereinafter referred to as the "Village "), and MARK L. LEVITT and CATHERINE LEVITT, his wife, of Deerfield, Illinois, the owners of record of the property described that is the subject of this Annexation Agreement (hereinafter referred to as "Owners "),- WITNES SETH: WHEREAS, Owners are the owner of record of the property legally described on Exhibit A attached hereto and made a part hereof, commonly known as 1425 Carol Lane (hereinafter referred to as the "Subject Property "); and, WHEREAS, the Subject Property is located in unincorporated Lake County, Illinois, is not presently within the corporate limits of any municipality, and is contiguous to the corporate limits of the Village of Deerfield and may be annexed to the Village as provided for in Article 7 of the Illinois Municipal Code (65 ILCS 5/7 -1 -1, et seq.); and, WHEREAS, Owners have filed with the Village Clerk a Petition for Annexation of the Subject Property to the Village signed by the Owners of record of the Subject Property and by at least 51% of the electors residing on the Subject Property; and, WHEREAS, the Parties desire to enter into a binding agreement with respect to the annexation and zoning of the Subject Property, and other related matters, pursuant to Section 11- 15.1-1, et seq, of the Illinois Municipal Code (65 1LCS 5/11- 15.1 -1, et seq.) upon the terms and conditions contained herein; and, WHEREAS, all public hearings as required by law have been held by the appropriate commissions, boards and other departments of the Village; and, 5223931 WHEREAS, the corporate authorities of the Village of Deerfield have held a public hearing to consider the annexation of the Subject Property pursuant to the terms of the proposed Annexation Agreement, said public hearing being held pursuant to public notice duly given in the time and manner provided by law; and, WHEREAS, the Village has determined that the annexation of the Subject Property pursuant to the terms hereof will inure to the benefit and improvement of the Village; NOW, THEREFORE, for and in consideration of the mutual covenants, promises and agreements hereinafter set forth, the parties hereto agree as follows: 1. Petition: Owners have filed with the Village Clerk of the Village a duly executed Petition, pursuant to and in accordance with the provisions of Section 7 -1 -8 of the Illinois Municipal Code (65 ILCS 5/7 -1 -8), to annex the Subject Property to the Village, subject to the execution of this Annexation Agreement. 2. Annexation: Promptly upon the execution of this Agreement, the corporate authorities of the Village shall take all action necessary to cause the Subject Property to be annexed to the Village pursuant to Section 7 -1 -8 of the Illinois Municipal Code. 3. Zoning of the Subject Property: Promptly upon the adoption of the ordinance annexing the Subject Property to the Village, the Subject Property shall be automatically classified and zoned in the R -1 Single_ Family Residence District as provided in the Deerfield Zoning Ordinance of 1978. 4. Water Service: A. Owners shall be permitted to construct an extension to the Village's public water supply system, and to connect to the then available public water supply, subject to the Village's approval of Owner's engineering plans for such public water main extension. Upon connection to the public water supply of the Village, the single - family residence on the Subject Property shall be disconnected from private wells so that there is no intermixing of such water with the Village's water supply. Upon completion and approval of such water main extension in accordance with all applicable ordinances, codes and permits, ownership of the water main shall be conveyed to the Village by a bill of sale, and the Village shall accept ownership. B. In the event that Owners provide for the extension of the public water supply system as described in Paragraph 4.A, above, and the Village determines that such water main extension may be used for the benefit of real property other than the Subject Property, the Village agrees to fairly and reasonably apportion the cost of such public water main extension which was incurred primarily for the benefit of such other properties, and to enter into a recapture agreement with Owner for the reimbursement of that portion of the excess costs of such water main from fees to be charged to the owners of such benefitting properties upon their connection to such water main. 5223931 C. The Village may, in its sole discretion, cause a public water main to be extended and makes public water supply service available to the Subject Property. In such event, Owners agree to promptly disconnect from the private water well(s) serving the Subject Property and to connect the premises then existing on the Subject Property to the Village's water supply system in accordance with all applicable statutes, ordinances, codes and regulations. Owners further agree to pay or reimburse the Village for the Owners' proportionate share of the cost of such water main extension as determined by the Village, as well as all generally applicable fees and charges. 5. Sanitary Sewer Service: The Village may, in its sole ,discretion, cause a public sanitary sewer to be extended to make public sewer service available to the Subject Property. In such event, Owners agree to promptly disconnect and abandon all the private septic systems serving the Subject Property in accordance with State, County and Village statutes, ordinances, codes and regulations, and to promptly connect the premises then existing on the Subject Property to the Village's sanitary sewer system in accordance with all applicable statutes, ordinances, codes and regulations. Owners further agree to pay or reimburse the Village for the Owners' proportionate share of the cost of such sanitary sewer extension as determined by the Village, as well as all generally applicable fees and charges. 6. Enforceability: This Agreement shall be enforceable in any court of competent jurisdiction by any party by any appropriate action at law or in equity to secure the performance of the terms, conditions and covenants contained in this Agreement. 7. Term of Agreement: This Agreement shall be in full force and effect for a term of twenty (20) years from and after the date of execution of this Agreement. The expiration of the term of this Agreement shall not affect the continuing validity of the zoning of the Subject Property or any ordinance enacted by the corporate authorities pursuant to this Agreement. 8. Recording: A copy of this Agreement and any amendments thereto shall be recorded by the Village at the expense of the Owners. 9. Integration of Agreement: This Agreement sets forth all of the promises, inducements, agreements, conditions and understandings between the Village and the Owners relative to the Subject Property, and there are no promises, agreements, conditions or understandings, either oral or written, express or implied, other than as herein set forth. 10. Amendments: No subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties unless reduced to writing and signed by the parties in accordance with law. 11. Binding Effect: This Agreement shall be binding on and inure to the benefit of the parties hereto, successor owners of record of the Subject Property, and their heirs, grantees, representative and assigns. The expiration of the term of this Agreement shall not affect the 5223931 continuing validity of the zoning of the Subject Property or any ordinance enacted by the corporate authorities pursuant to this Agreement. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement'as of the date and year first above written. ATTEST: Vilftge Clerk State of Illinois, ) County of Lake - ) OWNERS ss. I, Sharon K. Cromie , a Notary Public in and for said County and State aforesaid, do hereby certify that Mark L. Levitt and Catherine B. Levitt, 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 they signed and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal, this 7th day of May , 2002 My commission expires on )200)-- otary Public "OFFICIAL SEAL° sham L Cromie WHY Public. State of ntwb My Comdodw Evhs F+k A 2M9 5223931 V 1 4933067 STATE OF ILLINOIS ) FILED FOR RECORD BY: MARY ELLEN VANDERVENTER COUNTIES OF LAKE AND COOK ) SS LAKE COUNTY, IL RECORDER 05/29/2002 - 11:16:47 A.H. VILLAGE OF DEERFIELD ) RECEIPT :: 1 DRAWER T: 21 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. 0-02 -02 entitled "An Ordinance Authorizing the Execution of an Annexation Agreement with Respect to Certain Property Commonly Known as 1425 Carol Lane" as appears in the records and files of the office of the Village Clerk. Dated this May 23. 2002 rr. �AJ�i r* r �yrTY r S EaA L N. : - Aaw�& AO1ffRT D. FRANZ, Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 4933067 0 1 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -02 -02 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH RESPECT TO CERTAIN 'PROPERTY COMMONLY KNOWN AS 1425 CAROL LANE Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 8th day of January , 2001. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 7th day of January-.° , 2001. 493306'; a y. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -02 -02 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH RESPECT TO CERTAIN PROPERTY COMMONLY KNOWN AS 1425 CAROL LANE WHEREAS, the owners of the territory commonly known as 1425 Carol Lane, Deerfield, Illinois, legally described in the Annexation Agreement attached hereto as Exhibit A, have requested that said territory be annexed to the Village of Deerfield pursuant to the terms of said Annexation Agreement; and, WHEREAS, a public hearing was held on August 20, 2001 to consider said Annexation Agreement, said hearing being duly held in accordance with the procedures and pursuant to the notices required by Section 11- 15.1 -3 of the Illinois Municipal Code (65 ILCS 5/11- 15.1 -3); and, WHEREAS, the corporate authorities of the Village of Deerfield have determined that it is in the best interests of the Village of Deerfield, Lake and Cook Counties, Illinois, that said Annexation Agreement be entered into; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: The corporate authorities of the Village of Deerfield do hereby approve the Annexation Agreement, between the Village of Deerfield and Mark B. Levitt and Katherine Levitt, the owners of the property commonly known as 1425 Carol Lane, Deerfield, Illinois, 493.306 0 which is legally described therein. A copy of said Annexation Agreement as hereby approved is attached to this ordinance as Exhibit B. The Village President and the Village Clerk are hereby respectively authorized and directed to execute and attest said annexation agreement for and on behalf of the Village of Deerfield. SECTION 2: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. PASSED By a two - thirds vote of the corporate authorities of the Village of Deerfield holding office this 7th day of January , 2001. AYES: Harris, Ragona,''Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ABSENT: Kayne (1) 4933067 ,I dl VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -02 -02 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH RESPECT TO CERTAIN PROPERTY COMMONLY KNOWN AS 1425 CAROL LANE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 7th day of Januar-.yy ,200'2. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 8th day of January , 200"2. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. , 0 -02 -02 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH RESPECT TO CERTAIN PROPERTY COMMONLY KNOWN AS 1425 CAROL LANE WHEREAS, the owners of the territory commonly known as 1425 Carol Lane, Deerfield, Illinois, legally described in the Annexation Agreement attached hereto as Exhibit A, have requested that said territory be annexed to the Village of Deerfield pursuant to the terms of said Annexation Agreement; and, WHEREAS, a public hearing was held on August 20, 2001 to consider said Annexation Agreement, said hearing being duly held in accordance with the procedures and pursuant to the notices required by Section 11- 15.1 -3 of the Illinois Municipal Code (65 ILCS 5/11- 15.1 -3); and, WHEREAS, the corporate authorities of the Village of Deerfield have determined that it is in the best interests of the Village of Deerfield, Lake and Cook Counties, Illinois, that said Annexation Agreement be entered into; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: The corporate authorities of the Village of Deerfield do hereby approve the Annexation Agreement between the Village of Deerfield and Mark B. Levitt and Katherine Levitt, the owners of the property commonly known as 1425 Carol Lane, Deerfield, Illinois, which is legally described therein. A copy of said Annexation Agreement as hereby approved is attached to this ordinance as Exhibit B. The Village President and the Village Clerk are hereby respectively authorized and directed to execute and attest said annexation agreement for and on behalf of the Village of Deerfield. SECTION 2: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. PASSED By a two - thirds vote of the corporate authorities of the Village of Deerfield holding office this 7th day of January , 2002 AYES: Harris, Ragona, "Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ABSENT: Kayne (1) . --- . ­T w__- (n) ANNEXATION AGREEMENT THIS AGREEMENT is entered into this 7th day of May , 2002, by and between the VILLAGE OF DEERFIELD, an Illinois municipal corporation, Lake and Cook Counties, Illinois (hereinafter referred to as the "Village "), and MARK L. LEVITT and CATHERINE LEVITT, his wife, of Deerfield, Illinois, the owners of record of the property described that is the subject of this Annexation Agreement (hereinafter referred to as "Owners "); WITNESSETH: WHEREAS, Owners are the owner of record of the property legally described on Exhibit A attached hereto and made a part hereof, commonly known as 1425 Carol Lane (hereinafter referred to as the "Subject Property "); and, WHEREAS, the Subject Property is located in unincorporated Lake County, Illinois, is not presently within the corporate limits of any municipality, and is contiguous to the corporate limits of the Village of Deerfield and may be annexed to the Village as provided for in Article 7 of the Illinois Municipal Code (65 ILCS 5/7 -1 -1, et seq.); and, WHEREAS, Owners have filed with the Village Clerk a Petition for Annexation of the Subject Property to the Village signed by the Owners of record of the Subject Property and by at least 51% of the electors residing on the Subject Property; and, WHEREAS, the Parties desire to enter into a binding agreement with respect to the annexation and zoning of the Subject Property, and other related matters, pursuant to Section 11- 15.1-1, et seq. of the Illinois Municipal Code (65 ILCS 5/11- 15.1 -1, et seq.) upon the terms and conditions contained herein; and, WHEREAS, all public hearings as required by law have been held by the appropriate commissions, boards and other departments of the Village; and, WHEREAS, the corporate authorities of the Village of Deerfield have held a public hearing to consider the annexation of the Subject Property pursuant to the terms of the proposed Annexation Agreement, said public hearing being held pursuant to public notice duly given in the time and manner provided by law; and, WHEREAS, the Village has determined that the annexation of the Subject Property pursuant to the terms hereof will inure to the benefit and improvement of the Village; NOW, THEREFORE, for and in consideration of the mutual covenants, promises and agreements hereinafter set forth, the parties hereto agree as follows: 1. Petition: Owners have filed with the Village Clerk of the Village a duly executed Petition, pursuant' to and in accordance with the provisions of Section 7 -1 -8 of the Illinois Municipal Code (65 lLCS 5/7 -1 -8), to annex the Subject Property to the Village, subject to the execution of this Annexation Agreement. 2. Annexation: Promptly upon the execution of this Agreement, the corporate authorities of the Village shall take all action necessary to cause the Subject Property to be annexed to the Village pursuant to Section 7 -1 -8 of the Illinois Municipal Code. 3. Zoning of the Subject Property: Promptly upon the adoption of the ordinance annexing the Subject Property to the Village, the Subject Property shall be automatically classified and zoned in the R -1 Single - Family Residence District as provided in the Deerfield Zoning Ordinance of 1978. 4. Water Service: A. Owners shall be permitted to construct an extension to the Village's public water supply system, and to connect to the then available public water supply, subject to the Village's approval of Owner's engineering plans for such public water main extension. Upon connection to the public water supply of the Village, the single - family residence on the Subject, Property shall be disconnected from private wells so that there is no intermixing of such water with the Village's water supply. Upon completion and approval of such water main extension in accordance with all applicable ordinances, codes and permits, ownership of the water main shall be conveyed to the Village by a bill of sale, and the Village shall accept ownership. B. In the event that Owners provide for the extension of the public water supply system as described in Paragraph 4.A. above, and the Village determines that such water main extension may be used for the benefit of real property other than the Subject Property, the Village agrees to fairly and reasonably apportion the cost of such public water main extension which was incurred primarily for the benefit of such other properties, and to enter into a recapture agreement with Owner for the reimbursement of that portion of the excess costs of such water main from fees to be charged to the owners of such benefitting properties upon their connection to such water main. C. The Village may, in its sole discretion, cause a public water main to be extended and makes public water supply service available to the Subject Property. In such event, Owners agree to promptly disconnect from the private water well(s) serving the Subject Property and to connect the premises then existing on the Subject Property to the Village's water supply system in accordance with all applicable statutes, ordinances, codes and regulations. Owners further agree to pay or reimburse the Village for the Owners' proportionate share of the cost of such water main extension as determined by the Village, as well as all generally applicable fees and charges. 5. Sanitary Sewer Service: The Village may, in its sole discretion, cause a public sanitary sewer to be extended to make public sewer service available to the Subject Property. In such event, Owners agree to promptly disconnect and abandon all the private septic systems serving the Subject Property in accordance with State, County and Village statutes, ordinances, codes and regulations, and to promptly connect the premises then existing on the Subject Property to the Village's sanitary sewer system in accordance with all applicable statutes, ordinances, codes and regulations. Owners further agree to pay or reimburse the Village for the Owners' proportionate share',of the cost of such sanitary sewer extension as determined by the Village, as well as all generally applicable fees and charges. 6. Enforceability: This Agreement shall be enforceable in any court of competent jurisdiction by any party by any appropriate action at law or in equity to secure the performance of the terms, conditions and covenants contained in this Agreement. 7. Term of Agreement: This Agreement shall be in full force and effect for a term of twenty (20) years from and after the date of execution of this Agreement. The expiration of the term of this Agreement shall not affect the continuing validity of the zoning of the Subject Property or any ordinance enacted by the corporate authorities pursuant to this Agreement. 8. Recording: A copy of this Agreement and any amendments thereto shall be recorded by the Village at the expense of the Owners. 9. Integration of Agreement: This Agreement sets forth all of the promises, inducements, agreements, conditions and understandings between the Village and the Owners relative to the Subject Property, and there are no promises, agreements, conditions or understandings, either oral or written, express or implied, other than as herein set forth. 10. Amendments: No subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties unless reduced to writing and signed by the parties in accordance with law. 11. Binding Effect: This Agreement shall be binding on and inure to the benefit of the parties hereto, successor owners of record of the Subject Property, and their heirs, grantees, representative and assigns. The expiration of the term of this Agreement shall not affect the continuing validity of the zoning of the Subject Property or any ordinance enacted by the corporate authorities pursuant to this Agreement. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date and year first above written. ATTEST: Vil ge Clerk OWNERS State of Illinois, ss. County of Lake I, Sharon K. Cr'omie , a Notary Public in and for said County and State aforesaid, do hereby certify that Mark L. Levitt and Catherine B. Levitt 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 they signed and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal, this 7 th day of May , 2002 My commission expires on , 200x- Public MR Rim M M "OFFICIAL SEAL' Sham K Wfty PubHo, Stfe of riiinots M Cbmnd�dao E> .F& 23.2005