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O-05-05VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -05 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD BY ZONING CERTAIN PROPERTY AT THE NORTHEAST CORNER OF SAUNDERS AND LAKE -COOK ROADS UPON ANNEXATION TO THE I -1 OFFICE, RESEARCH AND RESTRICTED INDUSTRIAL DISTRICT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 22nd day of February , 2005. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 23rd day of February , 2005. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -05 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD BY ZONING CERTAIN PROPERTY AT THE NORTHEAST CORNER OF SAUNDERS AND LAKE -COOK ROADS UPON ANNEXATION TO THE I -1 OFFICE, RESEARCH AND RESTRICTED INDUSTRIAL DISTRICT WHEREAS, the Village of Deerfield has entered into a certain Annexation Agreement with Takeda Pharmaceuticals North America, Inc. ( "Owner "), the owner of the property described herein, pursuant to the laws of the State of Illinois; and, WHEREAS, the property which is the subject of said Annexation Agreement is a 70.3948 acre tract of real estate located at the northeast quadrant of Saunders Road and Lake -Cook Road in Lake County, Illinois, which property is legally described on Exhibit A attached hereto (the "Subject Property "); and, WHEREAS, the Subject Property has been annexed to the Village of Deerfield pursuant to the laws of the State of Illinois; and, WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public hearing pursuant to public notice to consider Owner's petition that the Subject Property be zoned and classified within the Village in the I -1 Office, Research and Restricted Industrial District under the Zoning Ordinance of the Village of Deerfield, said hearing and notice conforming in all respects, in both manner and form, with the requirements of the statutes of the State of Illinois and the Zoning Ordinance of the Village of Deerfield; 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 recommendation to zone and classify the Subject Property in the I -1 Office, Research and Restricted Industrial District, subject to the terms and conditions in said Annexation Agreement for the further classification and development of the Subject Property as an Industrial Planned Unit Development in accordance with a certain Concept Plan and Phase I Preliminary Development Plan for a portion of the Subject Property, as more set forth in said Annexation Agreement; 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 classification and zoning of the Subject Property in the I -1 Office, Research and Restricted Industrial District upon annexation to the Village of Deerfield in accordance with the terms and conditions of said Annexation Agreement; and, WHEREAS, pursuant to said Annexation Agreement the annexation and said zoning of the Subject Property is conditioned upon the execution of a certain Second Amendment to Lake -Cook Road Corridor Agreement (hereinafter referred to as the "Second Amendment ") by the Village of Northbrook, a true and correct copy of Second Amendment being attached to and approved by the Village of Deerfield pursuant to Resolution No. R -05 -01 adopted by the corporate authorities of the Village of Deerfield on January 18, 2005; 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: -2- SECTION 1: That the above and foregoing recitals, being material to this ordinance, are hereby incorporated by this reference and made a part of this ordinance as if fully set forth herein. SECTION 2: That the Zoning Map of the Village of Deerfield, being a part of the Zoning Ordinance of the Village of Deerfield, as amended, be and the same is further amended by zoning and classifying the Subject Property legally described on Exhibit A attached hereto and made a part hereof in the I -1 Office, Research and Restricted Industrial District, subject, however, to the conditions and restrictions set forth in Sections 3 and 4 of this ordinance. SECTION 3: That the owners of said property shall fully and completely comply with all of the terms and conditions set forth in that certain Annexation Agreement by and between the Village of Deerfield and Takeda Pharmaceuticals North America, Inc., a copy of which is attached to Resolution No. R -05 -02 . SECTION 4: That the zoning approval granted by this ordinance shall not be effective until the Second Amendment has been fully executed by the Village of Northbrook. SECTION 5: 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. [This Space Left Blank Intentionally] -3- • � 1 SECTION 6: 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 22nd day of February '2005. AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: APPROVED this 23rd day ATTEST: Village Clerk -4-