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O-02-38VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-38 AN ORDINANCE APPROVING A SPECIAL USE FOR AN ILLINOIS SECRETARY OF STATE GOVERNMENTAL ROAD TESTING FACILITY AT LAKE COOK PLAZA PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 3rd day of September , 2002.. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 4th day of September-1 2002. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-38 AN ORDINANCE APPROVING A SPECIAL USE FOR AN ILLINOIS SECRETARY OF STATE GOVERNMENTAL ROAD TESTING FACILITY AT LAKE COOK PLAZA WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the application of the Illinois Secretary of State and Lake Cook Plaza Associates, Ltd. Partnership (the owner of the property commonly known as Lake Cook Plaza which property is legally described on Exhibit A attached hereto (the "Subject Property ")), collectively referred to herein as the "Applicants ", for approval of a special use for a governmental drivers road testing facility in the C -2 Outlying Commercial District; and, WHEREAS, said hearing was held pursuant to public notice duly given in the time and manner provided by law; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the testimony, documentary evidence and supporting materials offered at said public hearing, filed its report with the President and Board of Trustees containing its written findings of fact and recommendations that the requested Special Use be authorized pursuant to Section 5.02- C,2(i) of the Zoning Ordinance of the Village of Deerfield to allow the Secretary of State drivers license road testing facility to be located, established and operated on the Subject Property as a Special Use governmental drivers road testing facility in the C -2 Outlying Commercial District; 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 authorization and granting of said Special Use as provided herein, in accordance with the plans and supporting materials submitted by the Applicants, which are incorporated herein and made a part hereof by this reference; 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: That the President and Board of Trustees do hereby affirmatively find that the proposed Secretary of State drivers license road testing facility, hereby authorized as a Special Use governmental drivers road testing facility of the Subject Property in the C -2 Outlying Commercial District, fully complies with the requirements and standards for special uses set forth in Article 5.02 -C,2 and Article 13.11 of the Village of Deerfield Zoning Ordinance. SECTION 2: That the President and Board of Trustees do hereby authorize and approve, subject to certain conditions as more particularly set forth below, the establishment and operation of a Secretary of State drivers license road testing facility on the Subject Property in the Lake Cook Plaza as a Special Use governmental drivers road testing facility in the C -2 Outlying Commercial District. SECTION 3: That the approval and authorization of said Special Use hereby granted is subject to: (i) the requirement that only automobile drivers road testing will be provided at the facility, and that no motorcycle truck or bus road testing services will be provided; (ii) the primary route for road test shall be east on Lake Cook Road, north on Waukegan Road, west on Kates Road and east on Lake Cook Road back to the facility, with a secondary route east on Lake Cook Road to Northbrook Court Road in the Northbrook Mall shopping center and west on Lake Cook Road back to the facility; (iii) construction, development and use of the Subject Property for said special use shall be in accordance with all documents, supporting materials and exhibits filed in support of the application, and with the terms of this Ordinance; (iv) all representations submitted and made by the Applicants to the Plan Commission and to the President and Board of Trustees; (v) full and complete compliance with the provisions of the Lake Cook Plaza Planned Unit Development; (vi) compliance by the Applicants with all other applicable provisions of the Village Zoning Ordinance. SECTION 4: That the Special Use, as hereby authorized, shall be binding upon and inure to the benefit of the Applicants and Applicants' successors, grantees, transferees and assigns, and any violation of the conditions herein set forth by the Applicant or its successors, grantees, transferees or assigns shall authorize revocation of the special use as hereby authorized. SECTION 5: That the Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form and to record this Ordinance in the office of the Recorder of Deeds of Cook County, Illinois, at Applicants' expense. SECTION 6:. That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 7: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 3rd day of September 2002. AYES: Kayne, Ragona, Rosenthal, Seiden, Wylie (5) NAYS: None (0 ) ABSENT: Swanson (1) ABSTAIN: None (0 ) APPROVED this 3rd day of ATTEST: Village Clerk STATE OF ILLINOIS COUNTIES OF LAKE AND COOK VILLAGE OF DEERFIELD ) ) SS ) 011� M IW,I1-T -010W !Doc #: 0514439037 Eugene "Gene" Moore Fee: $36.50 Cook County Recorder of Deeds Date: 05/2412005 11:23 AM Pg: 1 of 7 —� es that he is the duly appointed Village Clerk of the Village of Deerfield, Lake and The undersigned hereby certifies Cook Counties, Illinois, and that the attached is a true and accurate copy of Ordinance No. 0 -02 -38 entitled An ordinance Approving a Special Use for all Illinois Secretary of State Goven mental Road Testing Facility at Lake Cook Plaza" as appears in the records and files of the office of the Village Clerk. Dated this mb r 2 ANT D. Village Clerk S E A L Village of Deerfield Submitted by: 850 Waukegan Road Deerfield, IL 60015 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-38 AN ORDINANCE APPROVING A SPECIAL USE FOR AN ILLINOIS SECRETARY OF STATE GOVERNMENTAL ROAD TESTING FACILITY AT LAKE COOK PLAZA PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 3rd day of September , 2002.. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 4th day of September , 2002. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-38 AN ORDINANCE APPROVING A SPECIAL USE FOR AN ILLINOIS SECRETARY OF STATE GOVERNMENTAL ROAD TESTING FACILITY AT LAKE COOK PLAZA WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the application of the Illinois Secretary of State and Lake Cook Plaza Associates, Ltd. Partnership (the owner of the property commonly known as Lake Cook Plaza which property is legally described on Exhibit A attached hereto (the "Subject Property ")), collectively referred to herein as the "Applicants ", for approval of a special use for a governmental drivers road testing facility in the C -2 Outlying Commercial District; and, WHEREAS, said hearing was held pursuant to public notice duly given in the time and manner provided by law; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the testimony, documentary evidence and supporting materials offered at said public hearing, filed its report with the President and Board of Trustees containing its written findings of fact and recommendations that the requested Special Use be authorized pursuant to Section 5.02- C,2(i) of the Zoning Ordinance of the Village of Deerfield to allow the Secretary of State drivers license road testing facility to be located, established and operated on the Subject Property as a Special Use governmental drivers road testing facility in the C -2 Outlying Commercial District; 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 authorization and granting of said Special Use as provided herein, in accordance with the plans and supporting materials submitted by the Applicants, which are incorporated herein and made a part hereof by this reference; 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: That the President and Board of Trustees do hereby affirmatively find that the proposed Secretary of State drivers license road testing facility, hereby authorized as a Special Use governmental drivers road testing facility of the Subject Property in the C -2 Outlying Commercial District, fully complies with the requirements and standards for special uses set forth in Article 5.02 -C,2 and Article 13.11 of the Village of Deerfield Zoning Ordinance. SECTION 2: That the President and Board of Trustees do hereby authorize and approve, subject to certain conditions as more particularly set forth below, the establishment and operation of a Secretary of State drivers license road testing facility on the Subject Property in the Lake Cool: Plaza as a Special Use governmental drivers road testing facility in the C -2 Outlying Commercial District. SECTION 3: That the approval and authorization of said Special Use hereby granted is subject to: (1) the requirement that only automobile drivers road testing will be provided at the facility, and that no motorcycle truck or bus road testing services will be provided; (ii) the primary route for road test shall be east on Lake Cook Road, north on Waukegan Road, west on Kates Road and east on Lake Cook Road back to the facility, with a secondary route east on Lake Cook Road to Northbrook Court Road in the Northbrook Mall shopping center and west on Lake Cook Road back to the facility; (iii) construction, development and use of the Subject Property for said special use shall be in accordance with all documents, supporting materials and exhibits filed in support of the application, and with the terms of this Ordinance; (iv) all representations submitted and made by the Applicants to the Plan Commission and to the President and Board of Trustees; (v) full and complete compliance with the provisions of the Lake Cook Plaza Planned Unit Development; (vi) compliance by the Applicants with all other applicable provisions of the Village Zoning Ordinance. SECTION 4: That the Special Use, as hereby authorized, shall be binding upon and inure to the benefit of the Applicants and Applicants' successors, grantees, transferees and assigns, and any violation of the conditions herein set forth by the Applicant or its successors, grantees, transferees or assigns shall authorize revocation of the special use as hereby authorized. SECTION 5: That the Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form and to record this Ordinance in the office of the Recorder of Deeds of Cook County, Illinois, at Applicants' expense. SECTION G: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the. provisions of current or subsequent non- preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 7: That this Ordinance shall be in full force and effect from and after its passage; approval and publication in pamphlet form as provided by law. PASSED this 3rd day of September , 2002. AYES: Kayne, Ragona, Rosenthal, Seiden, Wylie (5) NAYS: None (0 ) ABSENT: Swanson (1) ABSTAIN: None (0 ) APPROVED this 3rd day of ATTEST: ler Village C EXHIBIT A Lot 1 (except that part taken for Lake Cook Road as per Doc. 10627383), all of lots 2, 3, 4, 5, 6, 7, 8 and part of Lot 9 bounded and described as follows: Commencing at the Southwest corner of said Lot 9; thence North 89 degrees -56 minutes -31 seconds East along the South line of said Lot 9, a distance of 66.28 feet to the point of beginning for said parcel; thence North 89 degrees -56 minutes -31 seconds East along the South line of said Lot 9, a distance of 309.82 feet to the Southeast corner of said Lot 9; thence North 25 degrees -12 minutes -54 seconds West along the East line of said Lot 9, a distance of 158.00 feet; thence South 89 degrees -56 minutes -31 seconds West, a distance of 133.10 feet; thence South 37 degrees -23 minutes -50 seconds West, a distance of 180.15 feet to the point of beginning, all being in Downey's Cook County Home Addition to Deerfield, a subdivision of part of the North half of Section 4, Township 42 North, Range 12 East of the Third Principal Meridian, according to the Plat thereof recorded July 27, 1914, as Document 5464976; also all of that part of Florence Avenue, as laid out in said subdivision aforesaid, which lies South of and adjoining that part taken for Lake Cook Road as per document 10627383, in Cook County, Illinois. a STATE OF ILLINOIS COUNTIES OF LAKE AND COOK ) SS ) VILLAGE OF DEERFIELD ) Illllllllllllllllllllllllllllfllllllllllllllllllllllllllilll � Cpl[.)1111139031 I Doc #: 0514439037 (Eugene "Oene" Moore Fee: $36.50 Cook County Recorder of Deeds ((Date: 05/2.4/2005 11:23 AM Pg: 1 of 7 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 -38 entitled "An Ordinance Approving a Special Use for an Illinois Secretary of State Govenrmental Road Testing Facility at Lake Cook Plaza" as appears in the records and files of the office of the Village Clerk. SEAL Dated this September 5. 2002 Y, ROARAT D. FRANZ, Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 rd VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-38 AN ORDINANCE APPROVING A SPECIAL USE FOR AN ILLINOIS SECRETARY OF STATE GOVERNMENTAL ROAD TESTING FACILITY AT LAKE COOK PLAZA Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 4th day of September_, 2002. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 3rd day of September , 2002.. ;k VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-38 AN ORDINANCE APPROVING A SPECIAL USE FOR AN ILLINOIS SECRETARY OF STATE GOVERNMENTAL ROAD TESTING FACILITY AT LAKE COOK PLAZA WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the application of the Illinois Secretary of State and Lake Cook Plaza Associates, Ltd. Partnership (the owner of the property commonly known as Lake Cook Plaza which property is legally described on Exhibit A attached hereto (the "Subject Property ")), collectively referred to herein as the "Applicants ", for approval of a special use for a governmental drivers road testing facility in the C -2 Outlying Commercial District; and, WHEREAS, said hearing was held pursuant to public notice duly given in the time and manner provided by law; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the testimony, documentary evidence and supporting materials offered at said public hearing, filed its report with the President and Board of Trustees containing its written findings of fact and recommendations that the requested Special Use be authorized pursuant to Section 5.02- C,2(i) of the Zoning Ordinance of the Village of Deerfield to allow the Secretary of State drivers license road testing facility to be located, established and operated on the Subject Property as a Special Use governmental drivers road testing facility in the C -2 Outlying Commercial District; 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 authorization and granting of said Special Use as provided herein, in accordance with the plans and supporting materials . submitted by the Applicants, which are incorporated herein and made a part hereof by this reference; 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: That the President and Board of Trustees do hereby affirmatively find that the proposed Secretary of State drivers license road testing facility, hereby authorized as a Special Use governmental drivers road testing facility of the Subject Property in the C -2 Outlying Commercial District, fully complies with the requirements and standards for special uses set forth in Article 5.02 -C,2 and Article 13.11 of the Village of Deerfield Zoning Ordinance. SECTION 2: That the President and Board of Trustees do hereby authorize and approve, subject to certain conditions as more particularly set forth below, the establishment and operation of a Secretary of State drivers license road testing facility on the Subject Property in the Lake Cook Plaza as a Special Use governmental drivers road testing facility in the C -2 Outlying Commercial District. SECTION 3: That the approval and authorization of said Special Use hereby granted is subject to: (i) the requirement that only automobile drivers road testing will be provided at the facility, and that no motorcycle truck or bus road testing services will be provided; (ii) the primary route for road test shall be east on Lake Cook Road, north on Waukegan Road, west on Kates Road and east on Lake Cook Road back to the facility, with a secondary route east on Lake Cook Road to Northbrook Court Road in the Northbrook Mall shopping center and west on Lake Cook Road back to the facility; (iii) construction, development and use of the Subject Property for said special use shall be in accordance with all documents, supporting materials and exhibits filed in support of the application, and with the terms of this Ordinance; (iv) all representations submitted; and made by the Applicants to the Plan Commission and to the President and Board of Trustees; (v) full and complete compliance with the provisions of the Lake Cook Plaza Planned Unit Development; (vi) compliance by the Applicants with all other applicable provisions of the Village Zoning Ordinance. SECTION 4: That the Special Use, as hereby authorized, shall be binding upon and inure to the benefit of the Applicants and Applicants' successors, grantees, transferees and assigns, and any violation of the conditions herein set forth by the Applicant or its successors, grantees, transferees or assigns shall authorize revocation of the special use as hereby authorized. SECTION 5: That the Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form and to record this Ordinance in the office of the Recorder of Deeds of Cook County, Illinois, at Applicants' expense. SECTION 6: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the. terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 7: That this Ordinance shall be in full force and effect from and after its ' passage; approval and publication in pamphlet form as provided by law. PASSED this 3rd day of September , 2002. AYES: Kayne, Ragona, Rosenthal, Seiden, Wylie (5) NAYS: None (0 ) ABSENT: Swanson (1) ABSTAIN: None (0 ) APPROVED this 3rd day of ATTEST: 4* Village Cler EXHIBIT A Lot 1 (except that part taken for Lake Cook Road as per Doc. 10627383), all of lots 2, 3, 4, 5, 6, 7, 8 and part of Lot 9 bounded and described as follows: Commencing at the Southwest comer of said Lot 9; thence North 89 degrees -56 minutes -31 seconds East along the South line of said Lot 9, a distance of 66.28 feet to the point of beginning for said parcel; thence North 89 degrees -56 minutes -31 seconds East along the South line of said Lot 9, a distance of 309.82 feet to the Southeast corner of said Lot 9; thence North 25 degrees -12 minutes -54 seconds West along the East line of said Lot 9, a distance of 158.00 feet; thence South 89 degrees -56 minutes -31 seconds West, a distance of 133.10 feet; thence South 37 degrees -23 minutes -50 seconds West, a distance of 180.15 feet to the point of beginning, all being in Downey's Cook County Home Addition to Deerfield, a subdivision of part of the North half of Section 4, Township 42 North, Range 12 East of the Third Principal Meridian, according to the Plat thereof recorded July 27, 1914, as Document 5464976; also all of that part of Florence Avenue, as laid out in said subdivision aforesaid, which lies South of and adjoining that part taken for Lake Cook Road as per document 10627383, in Cook County, Illinois.