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O-03-29VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-03-29 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR THE PLACEMENT OF THE GOODER BARN AND THE CONSTRUCTION OF A JOINT STORAGE FACILITY AT CLAVEY PARK IN THE P -1 PUBLIC LANDS DISTRICT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 16th day of June , 2003. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 17th day of June , 2003. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-03-29 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR THE PLACEMENT OF THE GOODER BARN AND THE CONSTRUCTION OF A JOINT STORAGE FACILITY AT CLAVEY PARK IN THE P -1 PUBLIC LANDS DISTRICT WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the application of the Deerfield Park District (the "Applicant "), being the owner of the property commonly known as Clavey Park at 1801 Montgomery Road, which property is legally described on Exhibit A attached hereto (the "Subject Property "), for approval of a special use to permit the Gooder Barn to be relocated to the Subject Property and to permit the construction of a Park District storage facility on the Subject Property in the P -1 Public Lands District; and, WHEREAS, said public hearing was held on May 8, 2003 to consider said Application, said hearing being held pursuant to public notice duly given and published as required by statute and conforming in all respects in both manner and form, with the provisions of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the 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 Article 7.02 -C, subparagraphs 3 and 6, of the Zoning Ordinance of the Village of Deerfield, to allow the Gooder Barn to be relocated onto the -1- Subject Property as a public historical landmark and to allow the construction of a Park District storage facility as a Special Use in the P -1 Public Lands 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 to the extent herein provided; 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 relocation of the Gooder Barn onto the Subject Property, hereby authorized as a public historical landmark Special Use of the Subject Property in the P -1 Public Lands District, fully complies with the requirements and standards for special uses set forth in Article 7.02 -C and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 2: That the President and Board of Trustees do hereby affirmatively find that the proposed Park District storage facility, hereby authorized as a municipal maintenance and storage facility Special Use of the Subject Property in the P -1 Public Lands District, fully complies with the requirements and standards for special uses set forth in Article 7.02 -C, and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 3: That the President and Board of Trustees do hereby authorize and approve the relocation of the Gooder Barn and the establishment and operation of a Park District storage facility on the Subject Property as Special Use in the P -1 Public Lands District. -2- SECTION 4: That the approval and authorization of said Special Use is hereby granted subject to: (i) the relocation, development and use of the Gooder Barn on the Subject Property as a special use public historical landmark shall be in accordance with the documents, supporting materials and exhibits filed in support of the Application, and with the terms of this Ordinance; (ii) the construction, development and use of a Park District storage facility on the Subject. Property as a special use municipal maintenance and storage facility shall be in accordance with the documents, supporting materials and exhibits filed in support of the Application, and with the terms of this Ordinance; (iii) compliance with all representations submitted and made by the Applicant to the Plan Commission and to the President and Board of Trustees; and; (iv) compliance by the Applicant with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 5: That the Special Use as hereby authorized shall be binding upon and inure to the benefit of the Applicant and to Applicant's 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 the revocation of the Special Use as hereby authorized. SECTION 6: 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 Lake County, Illinois at Applicant's expense. SECTION 7: 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 -3- 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 8: 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 16th day of j une , 2003. AYES: Benton, Kayne, Rosen °chaff, Seiden',:;Wy1ie (6) NAYS: None (0 ) ABSENT: Swanson (1) ABSTAIN: None (0 ) APPROVED this 16th ATTEST: 1&-lux-111 & llt4� Village Clerk -4- STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) 5345737 FILED FOR RECORD BY: 11ARY ELLEN VANDERVENTER LAKE COUNTY9 IL RECORDER 08/26/2003 - 02:14:53 P.M. RECEIPT :: 104725 DRAWER r: 27 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 -03 -29 entitled "An Ordinance Authorizing a Special Use for the Placement of the Gooder Barn and the Construction of a Joint Storage Facility at Clavey Park in the P -1 Public Lands District' as appears in the records and files of the office of the Village Clerk. Dated this June 17, 2003 SEAL Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-03-29 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR THE PLACEMENT OF THE GOODER BARN AND THE CONSTRUCTION OF A JOINT STORAGE FACILITY AT CLAVEY PARK IN THE P -1 PUBLIC LANDS DISTRICT Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 17th day of June , 2003. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 16th day of ,Tune , 2003. 5345737 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-03-29 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR THE PLACEMENT OF THE GOODER BARN AND THE CONSTRUCTION OF A JOINT STORAGE FACILITY AT CLAYEY PARK IN THE P -1 PUBLIC LANDS DISTRICT WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the application of the Deerfield Park District (the "Applicant "), being the owner of the property commonly known as Clavey Park at 1801 Montgomery Road, which property is legally described on Exhibit A attached hereto (the "Subject Property"), for approval of a special use to permit the Gooder Barn to be relocated to the Subject Property and to permit the construction of a Park District storage facility on the Subject Property in the P -1 Public Lands District; and, WHEREAS, said public hearing was held on May 8, 2003 to consider said Application, said hearing being held pursuant to public notice duly given and published as required by statute and conforming in all respects in both manner and form, with the provisions of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the 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 Article 7.02 -C, subparagraphs 3 and 6, of the Zoning Ordinance of the Village of Deerfield, to allow the Gooder Barn to be relocated onto the -I- 5345137 13 Subject Property as a public historical landmark and to allow the construction of a park District storage facility as a Special Use in the P -1 Public Lands 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 to the extent herein provided; 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 relocation of the Gooder Barn onto the Subject Property, hereby authorized as a public 'historical landmark Special Use of the Subject Property in the P -1 Public Lands District, fully complies with the requirements and standards for special uses set forth in Article 7.02 -C and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 2: That the President and Board of Trustees do hereby affirmatively find that the proposed Park District storage facility, hereby authorized as a municipal maintenance and storage facility Special Use of the Subject Property in the P -1 Public Lands District, fully complies with the requirements and standards for special uses set forth in Article 7.02 -C, and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 3: That the President and Board of Trustees do hereby authorize and approve the relocation of the Gooder Barn and the establishment and operation of a Park District storage facility on the Subject Property as Special Use in the P -1 Public Lands District. -2- 5345T31 SECTION 4: That the approval and authorization of said Special Use is hereby granted subject to: (i) the relocation, development and use of the Gooder Barn on the Subject Property as a special use public historical landmark shall be in accordance with the documents, supporting materials and exhibits filed in support of the Application, and with the terms of this Ordinance; (ii) the construction, development and use of a Park District storage facility on the Subject. Property as a special use municipal maintenance and storage facility shall be in accordance with the documents, supporting materials and exhibits filed in support of the Application, and with the terms of this Ordinance; (iii) compliance with all representations submitted and made by the Applicant to the Plan Commission and to the President and Board of Trustees; and; (iv) compliance by the Applicant with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 5: That the Special Use as hereby authorized shall be binding upon and inure to the benefit of the Applicant and to Applicant's 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 the revocation of the Special Use as hereby authorized. SECTION 6: 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 Lake County, Illinois at Applicant's expense. SECTION 7: 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 -3- 5345737 .5 c 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 8: 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 16th day of june , 2003. AYES: Benton, Kayne, Rosen�:hal, Seiden,;Wylie (5) NAYS: None ( 0 ) ABSENT: Swanson (1) -4- - 53457 3`7 EXHIBIT A PARCEL is THAT PART OF THE SOUTH WEST % OF THE SOUTH EAST % OF SECTION 30, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE EAST 9 ACRES THEREOF AND EAST OF THE EAST LINE OF THE ILLINOIS TOLL ROAD PARCEL T- 11 —A -50 AND NORTH AND EAST OF THE TOLL ROAD PARCEL T -11— A-50. 3, AS CONDEMNED BY PROCEEDINGS HAD IN THE COUNTY COURT OF LAKE COUNTY, ILLINOIS, AS GENERAL NO. 14194, ON JUDGEMENT OT TAKING ENTERED JULY 12, 1957, IN LAKE COUNTY, ILLINOIS. PARCEL 2: THE EAST 9 ACRES OF THE SOUTH WEST'/ OF THE SOUTH EAST' /. OF SECTION 30, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT PART THAT THEREOF CONDEMNED BY PROCEEDINGS HAD IN THE COUNTY COURT OF LAKE COUNTY, ILLINOIS, AS GENERAL NO. 14089, AND KNOWN AS TOLL ROAD PARCEL T- 11 -A -51. 3), IN LAKE COUNTY, ILLINOIS. PARCEL 3: THE WEST 4.50 ACRES OF THE SOOUTH EAST'/ OF THE SOUTH EAST % OF SECTION 30, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THAT PART THEREOF CONDEMNED BY PROCEEDINGS HAD IN THE COUNTY COURT OF LAKE COUNTY, ILLINOIS, AS GENERAL NO. 14089, AND KNOWN AS TOLL ROAD PARCEL T- 11 —A -51. 3), IN LAKE COUNTY, ILLINOIS. PARCEL 4: THE EAST 10 ACRES OF THE WEST 20 ACRES OF THE SOUTH' /2 OF THE NORTH' /:OF THE SOUTH EAST'/ OF SECTION 30 AFORESAID (EXCEPT THAT PART CONDEMNED FOR TOLLWAY), IN LAKE COUNTY, ILLINOIS. PARCEL 5: COUNTY BOARD OF SCHOOL TRUSTEES OF LAKE COUNTY, ILLINOIS, AND THEIR SUCCESSORS IN OFFICE, FOR THE USE AND BENEFIT OF SCHOOL DISTRICT NUMBER 110, LAKE COUNTY, ILLINOIS, AS TO THAT PART OF PARCELS 1, 2 AND 3 DESCRIBED AS STARTING AT THE NORTH WEST CORNER OF TOLL ROAD PARCEL T -11- A-50. 3; THENCE PROCEEDING NORTH ALONG THE EAST LINE OF TOLL ROAD PARCEL T- 11 —A -50, 225 FEET; THENCE AT A RIGHT ANGLE EAST 75 FEET TO THE POINT OF BEGINNING; THENCE EAST 400 FEET; THENCE NORTH AT A RIGHT ANGLE 550 FEET; THENCE WEST AT A RIGHT ANGLE 275 FEET; THENCE SOUTH AT A RIGHT ANGLE 325 FEET; THENCE WEST AT A RIGHT ANGLE 125 FEET; THENCE SOUTH AT A RIGHT ANGLE 225 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. 5345 i 37 1