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O-07-03VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -03 AN ORDINANCE APPROVING A FINAL PLAT OF SUBDIVISION FOR PROPERTY COMMONLY KNOWN AS THE CONTORER RESUBDIVISION (1521 CENTRAL AVENUE) AND AUTHORIZING A LOT DEPTH VARIATION PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 2nd day of January , 2007. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 2nd day of January , 2007. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -03 AN ORDINANCE APPROVING A FINAL PLAT OF SUBDIVISION FOR PROPERTY COMMONLY KNOWN AS THE CONTORER RESUBDIVISION (1521 CENTRAL AVENUE) AND AUTHORIZING A LOT DEPTH VARIATION WHEREAS, the owner of the property legally described on Exhibit A attached hereto and made a part hereof (the "Subject Property") has made application for approval of a plat of subdivision of the Subject Property consisting of two (2) single - family lots in the R -3 "Single - Family Residence District, and for a variation to reduce the lot depth requirement for Lot 2 in the Contorer Resubdivision from 110 feet to 101.5 feet; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing. on August 24, 2006 to consider a preliminary plat of subdivision for the Subject Property and a variation to reduce the lot depth requirement for Lot 2 in the proposed subdivision, said hearing being held pursuant to public notice and conforming in all respects, in both manner and form, with the provisions of the Zoning Ordinance and Subdivision Code of the Village of Deerfield; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the proposed preliminary plat of subdivision and lot depth variation, and after further considering the evidence and supporting materials offered at said public hearing, recommended the approval of said preliminary plat of subdivision, including an 8.5 foot variation in the minimum lot depth requirement for Lot 2 of the property subdivision to reduce the lot depth to 101.5 feet; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield concurred in the recommendation of the Plan Commission for approval of said preliminary plat of subdivision and lot depth variation; and, WHEREAS, the Owner of the Subject Property has now presented a final plat of subdivision for the Subj ect Property, including final engineering plans, for approval by the Plan Commission and Board of Trustees as required by the Subdivision Code of the Village of Deerfield; and, WHEREAS, the Owner of the Subject Property has agreed in a certain Statement of Intent and Agreement for the Contorer Resubdivision to comply with the requirements of the Subdivision Code and ordinances of the Village of Deerfield, said Agreement being attached hereto as Exhibit B hereof; and, WHEREAS, the Plan Commission has submitted its report recommending that said final plat of subdivision, lot depth variation and Statement of Intent and Agreement be approved; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield do hereby concur in the recommendation of the Plan Commission; 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 corporate authorities of the Village of Deerfield do hereby approve the final plat of subdivision for the subdivision commonly known as the Contorer Resubdivision, being a subdivision of the property legally described on Exhibit A attached hereto and made a part hereof (the "Subject Property"), as more fully set forth in the Statement of Intent and Agreement for Contorer Resubdivision, a copy of which is attached hereto as Exhibit B hereof. IPA SECTION 2: That the corporate authorities of the Village of Deerfield do hereby further authorize and approve an 8.5 foot variation of the minimum lot depth requirements for. Lot 2 of the Contorer Resubdivision reducing the minimum required lot depth for said Lot 2 from 110 feet to 101.5 feet. SECTION 3: That the corporate authorities of the Village of Deerfield do hereby further approve the Statement of Intent and Agreement for the Contorer Resubdivision attached hereto as Exhibit B and authorize and direct the Village President and Village Clerk to respectively execute and attest said Statement of Intent and Agreement for and on behalf of the Village of Deerfield. SECTION 4: 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 5: 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. J [This space left blank intentionally] -3- PASSED this 2nd day of January , 2007. AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 2nd d ATTEST: ✓�.� S . \ �I ./� i I ,• -4- ` ' ` _� . ` ° IIIlfllllllllllllllllllllllllllllllllllllillllliillllllllllllliillliilllilllllil Image# 041024450012 Type: ORD .Recorded: 02/09/2007 at 12:36 :08 PM Receipt#: 2007 - 00007108 'Total Amt: $37.00 Pape i of 12 MIL Rental Housing Fund: $0.00 STATE OF ILLINOIS ) I Lake County IL Recorder Mary Ellen Vanderventer Recorder COUNTIES OF LAKE AND COOK ) SS File6135145 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 Ordinance 0 -07 -03 Approving a Final Plat of Subdivision for Property Commonly Known as the Contorer Resubdivision (1521 Central Avenue) and Authorizing a Lot Depth Variation Dated this January 29 2007 J IFER AVIS Deputy Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 0 Jj VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -03 AN ORDINANCE APPROVING A FINAL PLAT OF SUBDIVISION FOR PROPERTY COMMONLY KNOWN AS THE CONTORER RESUBDIVISION (1521 CENTRAL AVENUE) AND AUTHORIZING A LOT DEPTH VARIATION PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this . 2nd day of January , 2007. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 2nd day of January, 2007. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -03 AN ORDINANCE APPROVING A FINAL PLAT OF SUBDIVISION FOR PROPERTY COMMONLY KNOWN AS THE CONTORER RESUBDIVISION (1521 CENTRAL AVENUE) AND AUTHORIZING A LOT DEPTH VARIATION WHEREAS, the owner of the property legally described on Exhibit A attached hereto and made a part hereof (the "Subject Property") has made application for approval of a plat of subdivision of the Subject Property consisting of two (2) single - family lots in the R -3 Single - Family Residence District, and for a variation to reduce the lot depth requirement for Lot 2 in the Contorer Resubdivision from 110 feet to 101.5 feet; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on August 24, 2006 to consider a preliminary plat of subdivision for the Subject Property and a variation to reduce the lot depth requirement for 'Lot 2 in the proposed subdivision, said hearing being held pursuant to public notice and conforming in all respects, in both manner and form, with the provisions of the Zoning Ordinance and Subdivision Code of the Village of Deerfield; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the proposed preliminary plat of subdivision and lot depth variation, and after further considering the evidence and supporting materials offered at said public hearing, recommended the approval of said preliminary plat of subdivision, including an 8.5 foot variation in the minimum lot depth requirement for Lot 2 of the property subdivision to reduce the lot depth to 10 1. 5 feet; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield concurred in the recommendation of the Plan Commission for approval of said preliminary plat of subdivision and lot depth variation; and, WHEREAS, the Owner of the Subject Property has now presented a final plat of subdivision for the Subject Property, including final engineering plans, for approval by the Plan Commission and Board of Trustees as required by the Subdivision Code of the Village of Deerfield; and, WHEREAS, the Owner of the Subject Property has agreed in a certain Statement of Intent and Agreement for the Contorer Resubdivision to comply with the requirements of the Subdivision Code and ordinances of the Village of Deerfield, said Agreement being attached hereto as Exhibit B hereof; and, WHEREAS, the Plan Commission has submitted its report recommending that said final plat of subdivision, lot depth variation and Statement of Intent and Agreement be approved; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield do hereby concur in the recommendation of the Plan Conunission; 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: SEC'T'ION 1: That the corporate authorities of the Village of Deerfield do hereby approve the final plat of subdivision for the subdivision commonly known as the Contorer. Resubdivision, . being a subdivision of the property legally described on Exhibit A attached hereto and made a part hereof (the "Subject Property "), as more fully set forth in the Statement of Intent and Agreement for Contorer Resubdivision, a copy of which is attached hereto as Exhibit B hereof. -2- SECTION 2: That the corporate authorities of the Village of Deerfield do hereby further authorize and approve an 8.5 foot variation of the minimum lot depth requirements for. Lot 2 of the Contorer Resubdivision reducing the minimum required lot depth for said Lot 2 from 110 feet to 101.5 feet. SECTION 3: That the corporate authorities of the Village of Deerfield do hereby further approve the Statement of Intent and Agreement for the Contorer Resubdivision attached hereto as Exhibit B and authorize and direct the Village President and Village Clerk to respectively execute and attest said Statement of Intent and Agreement for and on behalf of the Village of Deerfield. SECTION 4: 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 5: 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. [This space left blank intentionally] -3- PASSED this 2nd day of January , 2007. AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 2nd d; ATTEST: Village Clerk Ma EXHIBIT A LOT 53 IN DEERFIELD PARK UNIT NO. 4 BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 28, 1956 AS DOCUMENT 921075, IN BOOK 33 OF PLATS, PAGE 117, IN LAKE COUNTY, ILLINOIS. STATEMENT OF INTENT AND AGREEMENT FOR THE CONTORER RESUBDIVISION (1521 Central Avenue) � The following is a binding Statement of Intent and Agreement dated this ti day of J-ayw t , 2007 between Betty Contorer and Jay Contorer, the owners of the Subject Property (" wners "), and the Village of Deerfield, an Illinois municipal corporation (the "Village "), concerning requirements for the subdivision and development of the property known as the Contorer Resubdivision (the "Subdivision" or "Subject Property") located at the Southwest corner of Central Avenue and Appletree Lane in Deerfield, Illinois and legally described on the Final Plat incorporated herein. 1. SUPPORTING DOCUMENTS: (a) . The final plat of subdivision for the Contorer Resubdivision prepared by W.C. Doland Engineering, Inc., (the "Final Plat "). (b) The final engineering drawings and specifications (the "Engineering Plans ") prepared by W.C. Doland Engineering, (the "Project Engineer ") dated August 18, 2006. 2. APPROVAL OF FINAL PLAT: The Village approves the Final Plat subject to compliance with each of the following - conditions, all of which must be satisfied prior to the execution of the Final Plat on behalf of the Village: (a) Payment to the Village of engineering review fees in the amount of $1,226.25. (b) Execution of this Agreement. (c) Compliance with the requirements of this Agreement. 3. ESTIMATE OF COST OF MUNICIPAL IMPROVEMENTS: The Project Engineer has provided an estimate of the cost of constructing the following improvements (the "Municipal Improvements ") in accordance with the Engineering Plans for the development of the Subdivision, which estimate is hereby approved: Municipal Improvement Sanitary Sewer Improvements Earthwork Water Main Improvements Storm Sewers Erosion Control Contingency & Engineering TOTAL Estimated Cost $ 6,000.00 $ 6,600.00 $ 3,000.00 $ 3,000.00 $ 6,100.00 $ 6,175.00 $ 30,875.00 Developer shall furnish and maintain an irrevocable letter of credit, or other good and sufficient security as approved in writing by the Village, securing. the proper construction and completion of the Municipal Improvements in the Subdivision in an amount not less than 110% of the estimated cost of the Municipal Improvements, all as more fully set forth in Section 7 of this Statement of Intent and Agreement. 4. AMENDMENTS: All amendments to this Statement of Intent and Agreement shall be in writing and approved by the Village and Developer. The Village Ordinance provisions in effect at the time of the request for an amendment shall apply. 5. COMPLIANCE WITH APPLICABLE _ ORDINANCES, LAWS, REGULATIONS AND RULES; VARIATIONS: Except as expressly provided herein, Developer shall comply with any and all applicable ordinances, laws; regulations and rules of the Village and any other governmental body that has jurisdiction over the Subdivision. The following variations from the strict provisions of the Subdivision Code of the Village of Deerfield are granted: (a) to allow a lot depth of 101.5 feet for lot 2 in lieu of 110 foot requirement. No construction work shall be performed relating to the development of the Subdivision and no dwelling unit in the Subdivision shall be occupied unless and until all required permits are obtained from the governmental bodies having jurisdiction over the Subdivision. 6. CONDITIONS WHICH MUST BE MET PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: The Developer must comply with each of the following before a building permit is issued for any construction on a lot within the Subdivision: (a) The Final Plat must be recorded. (b) To the extent that modifications to the Engineering Plans are submitted by the Developer, or are otherwise required for compliance with the Deerfield Subdivision Code, Developer shall submit such modifications for review by the Village Engineer and shall pay all Village review fees associated therewith. (c) Developer shall provide a schedule, approved by the Village Engineer, for the orderly construction of the Municipal Improvements. (d) Developer shall submit a Tree Inventory and a Tree Preservation Plan in accordance with the requirements of the Deerfield Tree Preservation Ordinance. FA 7. SECURITY FOR COMPLETION OF MUNICIPAL IMPROVEMENTS:. (a) To guarantee the completion of Municipal Improvements, and other commitments by the Developer as specified in this Statement of Intent and Agreement, the Developer shall provide to the Village financing surety by means of a letter of credit in a total amount of not less than $34,000.00. The letter of credit for the Subdivision shall be provided to the Village prior to the recording of the Final Plat and shall be in a form approved in writing by the Village's attorney. The letter of credit shall be issued by a bank having an office located within Cook, McHenry, Lake, DuPage or Kane Counties, Illinois where draws can be made on the letter of credit. The bank issuing the letter of credit shall be subject to the approval of the Village and the Village may refuse to accept any letter of credit issued by a bank that has not been previously approved in writing by the Village. (b) As each component of the Municipal Improvements is accepted, the Developer may request that the Village reduce the amount of the letter of credit. (c) If 60 days prior to the expiration of the letter of credit, the Developer has not extended the letter of credit or any extension of the letter of credit, for a period of not less than one year, that failure to extend shall be deemed to be a.default on the part of the Developer under the provisions of this Statement of Intent and Agreement and the Village shall have the right to refuse to issue any additional building permits or occupancy permits within the Subdivision. The Village shall have the right to refuse to accept the renewal of a letter of credit which expires any time 18 months after the date of this Statement of Intent and Agreement if the Municipal Improvements provided for in Section 3 of this Statement of Intent and Agreement have not been accepted. (d) In lieu of providing a letter of credit the Developer may provide security for the completion of the Municipal Improvements and other commitments by the Developer as specified in this Statement of Intent and Agreement by depositing funds in an amount equal to the total amount specified in Section 3 of this Statement of Intent and Agreement (the "Improvement Security Funds "). The Improvement Security Funds to be deposited shall be held by the Village in trust to secure the completion of the Municipal Improvements and other commitments. The Village may utilize the Improvement Security Funds to pay for the cost of completing the Municipal Improvements and other commitments by Developer, if Developer fails to complete such improvements and fulfill its other commitments in a timely manner or in a manner that is satisfactory to the Village, provided that the Village shall not utilize any Improvement Security Funds without first giving Developer, seven days written notice. Such notice, and any other notice required to be given to Developer pursuant to a letter of credit, shall be deemed given when received by Developer or if sent by certified mail, return receipt requested, on the date the notice is deposited in the U.S. Mail in an envelope addressed to Developer at the address set forth at the beginning of this Statement of Intent and Agreement. (e) The Developer expressly agrees, understands and acknowledges that the Village and its officials shall be under no obligation to issue building or occupancy permits for the Subdivision if the Developer has not furnished the letters of credit or deposited the Improvement Security Funds as required by the provisions of this Section 7. 8. CONSTRUCTION SCHEDULE: The construction of the Municipal Improvements described in this Statement of Intent and Agreement and the Supporting Documents described in Section 2 of this Statement of Intent and Agreement shall be scheduled in an orderly fashion. All components of the Municipal Improvements for the Subdivision shall be completed within 18 months after the date the Final Plat is recorded. The Developer acknowledges and agrees that the Village may refuse to issue building permits and occupancy permits for lots within the Subdivision if the Municipal Improvements are not constructed and installed as shown on the Final Plat and as provided for in the Supporting Documents, including but not limited to this Statement of Intent and Agreement. The Village may refuse to issue an occupancy permit for a dwelling unit constructed on a lot within the Subdivision if the Village reasonably determines that the Municipal Improvements required to service such lot and dwelling unit have not been installed. 9. EASEMENTS AND PERMITS: Developer shall be responsible for obtaining any off -site easements and permits as may be necessary to provide access for public utilities. 10. ENVIRONMENTAL PROTECTION AGENCY PERMITS: Developer acknowledges that prior to construction of any new sanitary sewer and water lines that will service the Subdivision, it may be required to seek and obtain permits from the Illinois Environmental Protection Agency. The approval of the Subdivision does not constitute any representation or assurance by the Village that such permits, if required, can be obtained from the Illinois Environmental Protection Agency. . 11. EROSION CONTROL AND SOIL CONSERVATION: During construction, the Developer shall take such measures to provide for erosion control and soil conservation as may be required under the Deerfield Watershed Development Ordinance, as amended. 4 12. INTERPRETATION: This Statement of Intent and Agreement is intended to implement the provisions of the Supporting Documents and the Ordinances of the Village of Deerfield, but shall not be construed as granting, authorizing or approving any exception or variance to the Supporting Documents or the to Ordinances of the Village of Deerfield unless expressly listed in Section 5 of this Agreement. To the extent that . there is a conflict between the provisions of this Statement of Intent and Agreement and the Supporting Documents, the provisions of this Statement of Intent and Agreement shall govern and control. 13. BINDING EFFECT: The conditions and agreements made hereby by the Developer are binding upon the Developer, its successors, assigns and grantees. Owner Owner . OF DEERFIELD ILLINOIS By: ATTEST: Village x-,-) AJ Village Clerk G Lake County RECORDER OF DEEDS ;Image# 041024510008 Type: AGR Recorded: 02/09/2007 at 12:41:05 PM Receipt#: 2007 - 00007108 Total Amt: $31.00 Pape 1 of 8 ;IL Rental Housing Fund: $0.00 Lake County IL Recorder ;Mary Ellen Vanderventer Recorder F1le6135147 COVERSHEET FOR MISCELLANEOUS, NON - STANDARD RE- RECORDED DOCUMENT, STATEMENT OF INTENT AND AGREEMENT FOR THE CONTORER RESUBDIVISION (1521 Central Avenue) The following is a binding Statement of Intent and Agreement dated this e3 P -b Y da of , 2007 between Betty Contorer and Jay Contorer, the owners of the Subject Property (" wners "), and the Village of Deerfield, an Illinois municipal corporation (the "Village "), concerning requirements for the subdivision and development of the property known as the Contorer Resubdivision (the "Subdivision" or "Subject Property") located at the Southwest corner of Central Avenue and Appletree Lane in Deerfield, Illinois and legally described on the Final Plat incorporated herein. 1. SUPPORTING DOCUMENTS: (a) The final plat of subdivision for the Contorer Resubdivision prepared by W.C. Doland Engineering, Inc., (the "Final Plat "). (b) The final engineering drawings and specifications (the "Engineering Plans ") prepared by W.C. Doland Engineering, (the "Project Engineer ") dated August 18, 2006. 2. APPROVAL OF FINAL PLAT: The Village approves the Final Plat subject to compliance with each of the following conditions, all of which must be satisfied prior to the execution of the Final Plat on behalf of the Village: (a) Payment to the Village of engineering review fees in the amount of $1,226.25. (b) Execution of this Agreement. (c) Compliance with the requirements of this Agreement. 3. ESTIMATE OF COST OF MUNICIPAL IMPROVEMENTS: The Project Engineer has provided an estimate of the cost of constructing the following improvements (the "Municipal Improvements ") in accordance with the Engineering Plans for the development of the Subdivision, which estimate is hereby approved: Municipal Improvement Sanitary Sewer Improvements Earthwork Water Main Improvements Storm Sewers Erosion Control Contingency & Engineering TOTAL Estimated Cost $ 6,000.00 $ 6,600.00 $ 3,000.00 $ 3,000.00 $ 6,100.00 $ 6,175.00 $ 30,875.00 Developer shall furnish and maintain an irrevocable letter of credit, or other good and sufficient security as approved in writing by the Village, securing the proper construction and completion of the Municipal Improvements in the Subdivision in an amount not less than 110% of the estimated cost of the Municipal Improvements, all as more fully set forth in Section 7 of this Statement of Intent and Agreement. 4. AMENDMENTS: All amendments to this Statement of Intent and Agreement shall be in writing and approved by the Village and Developer. The Village Ordinance provisions in effect at the time of the request for an amendment shall apply. 5. COMPLIANCE WITH APPLICABLE ORDINANCES, LAWS, REGULATIONS AND RULES; VARIATIONS: Except as expressly provided herein, Developer shall comply with any and all applicable ordinances, laws, regulations and rules of the Village and any other governmental body that has jurisdiction over the Subdivision. The following variations from the strict provisions of the Subdivision Code of the Village of Deerfield are granted: (a) to allow a lot depth of 101.5 feet for lot 2 in lieu of 110 foot requirement. No construction work shall be performed relating to the development of the Subdivision and no dwelling unit in the Subdivision shall be occupied unless and until all required permits are obtained from the governmental bodies having jurisdiction over the Subdivision. 6. CONDITIONS WHICH MUST BE MET PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: The Developer must comply with each of the following before a building permit is issued for any construction on a lot within the Subdivision: (a) The Final Plat must be recorded. (b) To the extent that modifications to the Engineering Plans are submitted by the Developer, or are otherwise required for compliance with the Deerfield Subdivision Code, Developer shall submit such modifications for review by the Village Engineer and shall pay all Village review fees associated therewith. (c) Developer shall provide a schedule, approved by the Village Engineer, for the orderly construction of the Municipal Improvements. (d) Developer shall submit a Tree Inventory and a Tree Preservation Plan in accordance with the requirements of the Deerfield Tree Preservation Ordinance. 0 1 7. SECURITY FOR COMPLETION OF MUNICIPAL IMPROVEMENTS: (a) To guarantee the completion of Municipal Improvements, and other commitments by the Developer as specified in this Statement of Intent and Agreement, the Developer shall provide to the Village financing surety by means of a letter of credit in a total amount of not less than $34,000.00. The letter of credit for the Subdivision shall be provided to the Village prior to the recording of the Final Plat and shall be in a form approved in writing by the Village's attorney. The letter of credit shall be issued by a bank having an office located within Cook, McHenry, Lake, DuPage or Kane Counties, Illinois where draws can be made on the letter of credit. The bank issuing the letter of credit shall be subject to the approval of the Village and the Village may refuse to accept any letter of credit issued by a bank that has not been previously approved in writing by the Village. (b) As each component of the Municipal Improvements is accepted, the Developer may request that the Village reduce the amount of the letter of credit. (c) If 60 days prior to the expiration of the letter of credit, the Developer has not extended the letter of credit or any extension of the letter of credit, for a period of not less than one year, that failure to extend shall be deemed to be a default on the part of the Developer under the provisions of this Statement of Intent and Agreement and the Village shall have the right to refuse to issue any additional building permits or occupancy permits within the Subdivision. The Village shall have the right to refuse to accept the renewal of a letter of credit which expires any time 18 months after the date of this Statement of Intent and Agreement if the Municipal Improvements provided for in Section 3 of this Statement of Intent and Agreement have not been accepted. (d) In lieu of providing a letter of credit the Developer may provide security for the completion of the Municipal Improvements and other commitments by the Developer as specified in this Statement of Intent and Agreement by depositing funds in an amount equal to the total amount specified in Section 3 of this Statement of Intent and Agreement (the "Improvement Security Funds "). The Improvement Security Funds to be deposited shall be held by the Village in trust to secure the completion of the Municipal Improvements and other commitments. The Village may utilize the Improvement Security Funds to pay for the cost of completing the Municipal Improvements and other commitments by Developer, if Developer fails to complete such improvements and fulfill its other commitments in a timely manner or in a manner that is satisfactory to the Village, provided that the Village shall not utilize any Improvement Security Funds without first giving Developer, seven days written notice. Such notice, and any other notice required to be given to Developer pursuant to a letter of credit, shall be deemed given when received by Developer or if sent by certified mail, return receipt requested, on the date the notice is deposited in the U.S. Mail in an envelope addressed to K3 Developer at the address set forth at the beginning of this Statement of Intent and Agreement. (e) The Developer expressly agrees, understands and acknowledges that the Village and its officials shall be under no obligation to issue building or occupancy permits for the Subdivision if the Developer has not furnished the letters of credit or deposited the Improvement Security Funds as required by the provisions of this Section 7. 8. CONSTRUCTION SCHEDULE: The construction of the Municipal Improvements described in this Statement of Intent and Agreement and the Supporting Documents described in Section 2 of this Statement of Intent and Agreement shall be scheduled in an orderly fashion. All components of the Municipal Improvements for the Subdivision shall be completed within 18 months after the date the Final Plat is recorded. The Developer acknowledges and agrees that the Village may refuse to issue building permits and occupancy permits for lots within the Subdivision if the Municipal Improvements are not constructed and installed as shown on the Final Plat and as provided for in the Supporting Documents, including but not limited to this Statement of Intent and Agreement. The Village may refuse to issue an occupancy permit for a dwelling unit constructed on a lot within the Subdivision if the Village reasonably determines that the Municipal Improvements required to service such lot and dwelling unit have not been installed. 9. EASEMENTS AND PERMITS: Developer shall be responsible for obtaining any off -site easements and permits as may be necessary to provide access for public utilities. 10. ENVIRONMENTAL PROTECTION AGENCY PERMITS: Developer acknowledges that prior to construction of any new sanitary sewer and water lines that will service the Subdivision, it may be required to seek and obtain permits from the Illinois Environmental Protection Agency. The approval of the Subdivision does not constitute any representation or assurance by the Village that such permits, if required, can be obtained from the Illinois Environmental Protection Agency. 11. EROSION CONTROL AND SOIL CONSERVATION: During construction, the Developer shall take such measures to provide for erosion control and soil conservation as may be required under the Deerfield Watershed Development Ordinance, as amended. 12. INTERPRETATION: This Statement of Intent and Agreement is intended to implement the provisions of the Supporting Documents and the Ordinances of the Village of Deerfield, but shall not be construed as granting, authorizing or approving any exception or variance to the Supporting Documents or the to Ordinances of the Village of Deerfield unless expressly listed in Section 5 of this Agreement. To the extent that there is a conflict between the provisions of this Statement of Intent and Agreement and the Supporting Documents, the provisions of this Statement of Intent and Agreement shall govern and control. 13. BINDING EFFECT: The conditions and agreements made hereby by the Developer are binding upon the Developer, its successors, assigns and grantees. Owner Owner GE OF DEERFIELD ES, ILLINOIS By: ATTEST: Village Village Clerk 5 PLAT INFORMATION SHEET NUMBER OF PLAT PAGES Image# 041024510008 Type: AGR Recorded: 02/09/2007 at 12:41:05 PM Receipt#: 2007 - 00007108 Total Amt: $31.00 Page 1 of 8 IL Rental Housing Fund: $0.00 Lake County IL Recorder Mary Ellen vanderventer Recorder File6135147 SECTION TOWNSHIP `RANGES 32 ) 2 LEGAL DESCRIPTION I-T 5 3 b-UL (j a.rIt un � CHECK (4) TYPE OF PLAT: ❑ ANNEXATION /DISCONNECTION o CONDOMINIUM ❑ DEDICATION o VACATION v-'OTHER %xh ► U4 ❑ SUBDIVISION (enter subdivision name on line below) IF THE PLAT RECORDED WAS LARGER THAN 11" X 17 ", THE ATTACHED COPY HAS BEEN REDUCED FROM A SCANNED IMAGE. ORIGINAL SCALE PAPER COPIES OR DIGITAL IMAGE FILES ARE ALSO AVAILABLE FOR PURCHASE — PLEASE CALL (847) 377 -2678 FOR MORE INFORMATION \ \Lcf1 \rddata \Forms \Platlnfo \Plat Information Coversheet for Scanning.doc Revised: April 21, 2005 8:00 AM GRAPHIC SCALE ( IN PEER ) I inch - LO TL LOT 54 Part of Deerfield Park Unfit Four Subdivision LOT 52 Part of Deerfield Park Unit Four Subdivision Prepared By W.C. DOLAND ENGINEERING, INC. CIVIL EXINEINK - LAND SURVEY11C - LAND PLUNK- - 509 EAST DUNDEE ROAD PALATINE, ILLINOIS 60074 (847) 991 -5088 (847) 934 -3427 FAX PLAT SUBMITTAL CERTIFICATE 1. JASON R. DOLANO, AN n I uO DO HEREBY GRANT PERMISSq TO RECORD THIS PUT AND •IpE�TM I .A L.!) y W Gi 3S /If I I..... a10245100p Trc.: AM .11*r .0: 0110 R /2007 6 12:.1:05 T R.c.l R[.: T00T- 0000)10! Tc:.l As: p1.00 v.a. 1 or e uY: EIIIn vii /ne ara� t0'O0 Nry ll.n v.0e.rv.n[.r R.:erMr ,11.6135147 CONTORER R"ESUBDI VISION A RECORDED COPY OF SAME. BEING A RESUBDIVISION OF LOT 53 IN PART OF DEERFIELD PARK UNIT FOUR SUBDIVISION IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS. SURVEYOR STATE OF ILLINOIS COUNTY OF COOK S I. JASON R. DOLAND, A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I LAVE SURVEYED AND RESUBOMDED THE PROPERTY DESCRIBED HEREON IN THE ABO'vE CAPTIxi, W THE MANNER REPRESENTED ON THE PLAT HEREON DRAWN. LOT 5J IN PART OF DEERFIEID PARK WET 1 SUBDIVISION. BdNG A SUBOHLSON W DE SOUTHWE51 OIMRIFR Oi THE NORTHWEST QUARTER OF SECTION 32. TOWNSHIP 13 NOFLTU RANGE 12 EAST OF THE THIRD PRNCRM NDIVAN. N LAKE COUNTY. IUBA6. I FURTHER CERTIFY THAT THE ABOVE DESCRIBED PROPERTY IS IN THE VILLAGE OF DEERFIELD ANO THAT NO PART OF THE ABD1[ DESCRIBED PROPERTY IS SITUATED WITHIN 500FEET OF A SURFACE GRAIN OR WATER COURSE SERVING A TRIBUTARY AREA OF 610 ACRES OR MORE. I FURTHER COMFY THAT BASED UPON EXAMINATION OF THE TEMA MAPS, R HAS BEEN DETERMINED THAT THE PROPERTY SHOWN HEREON FALLS WITHIN ZONE X. (AREA OF MNWIL FLOODING), ZONE -A, (AREAS DEIERINED i0 BE OUTSIDE 500 YEAR FLOOD PLAIN) AS PORTRAYED ON FLOOD NSURUM RITE MAP 1709700266 F COYMUM ND. 170.761, PANEL NO. 286 EFFECTIVE DATE NOVEMBER 6, 2000. DIMENSIONS ARE SHOWN IN FEET ANO DEdMAI., THEREOF AND ARE CORRECIEO TO A TEMP LIRE 61Y FAHRENHEIT. GATED 7 200! Ss6 PROitSSI1IMl �: # #. SIPv(YOR s I''t OF STERED�ILUN015 LAND SURVEYOR -�'�i5 •�� DRAINAGE CERTIFICATE TO 111E BEST a OUR KNOWLEDGE AND BELIEF, THE DRANAGE OF 111E SURFACE WATERS GAEL AT BE CHANGED BY THE CONSTRUCIgN OF THIS PROJECT OR ANY PART THEREOF, OR THAT IF SUCH SURFACE WATERS DRNNAGE GAEL BE CWINGED, REASONABLE PROWSpNS HAVE BEEN WOE FOR 111E CgJEC110N AND DIVERSION OF SUCH SURFACE WATERS INTO PUBLIC AREAS OR DRNNS WFBCH INE SUB TRADER ILLS A RICH i0 LSE. AND UMT SUCH SARFNI WATERS WILL BE PUVLND FOR N ACCoRoANcE WITH CENWIIY ACCEPIEp ENGINING pRACICES So AS TO REDUCE THE UXEUHGQD OF THE DAW1EiE f0 FIVE ADJOINING PROPERTY BECAUSE THE CpN5iRI1CTM OF THE DAZED �PAO.I�KO J OWNER ATTORNEY _ Ii NOTES ''',flLjlnff7l• 1) IRON RODS SET AT LOT CORNERS. 2) TOTAL AREA OF SUBDIVISION -- 25.075 SQUARE FEET 3) EXISTING P.I.N. 16 -32 -111 -003 THIS PUT SUBMITTED FOR RECORDING BY: 'yE - --_. —_ OWNER STATE OF ILLINOIS) COUNTY OF LAKE)SS THIS IS TO CERTIFY THAT THE UNDERSIGNED IS THE OWNER OF THE LAND DESCRIBED IN THE ANNEXED PLAT AND HAS CAUSED THE SAME TO BE SURVEYED AND SUBDHAD USES AND PURPOSES THEREIN SET EN, AS WpICATED TOES HEREBY THEREON, FOR THE FORTH ACKNOWLEDGE AND ADOPT THE SIYUE ANp AND TITLE THEREON INDICATED. DATED THIS �_ DAY OF `.='L..... r :Plow- . i NAME / TITLE B J. IT tV R+ l.:nr- r -T= �-...r r , SIGNED: NOTARY PUBLIC STATE OF IWNOIS) COUNTY OF lAl(E ANO COOK)55 ME THIS DAY IN PERSON-; THE ANNEXED PUT AS THE AND AS THE FREE AND VO OR THE USES AND "g GIVEN UNDER MY HAND AN DATED THIS &i DAY OF FOR CERTIFY 200 7 OFFICAL SEAL ,IExxTFER L. s CITY OFFICIALS STATE OF IWN06) COUNTY OF LAKE AND COOK)SS APPROVED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF DE LAKE AND COO COUNtt, ILUNdS Al, A F FJC M Ire DAY I P T N C STATE OF ILLINOIS) COUNTY OF LAKE)SS I FWD NO UNPAID, FORFEITED OR DEFERRED INSTALLMENTS OF SPECIAL ASSESSMENTS DUE AGAINST THE LAND INCLUDED IN THE PLAT SHOWN HEREON. T1115 _DAY OF 2006. SIGNED:E , � D. NU COLL STATE OF ILLINOIS) COUNTY OF LAKE AND COOK)SS APPROVED BY THE VILLAGE ENGINEE F DEERFIELD. LAKE COUNTY, ILLINOIS Yi Q� f THIS _ DAY OF TERNA SIG oNAL � AL ENGINE DEERFl IS 9� OF ILL" STATE OF ILUNDIS) COUNTY OF LAKE AND COOK)SS APPROVED BY THE PVIN COMMISSION OF THE VILLAGE OF OEERFIELD, �L�NI1Cc COUNTY, I I AT A MEETING HEIR THIS y / TAY /I P_ 2006�� SIGNED: ktf —� ` C �RPERSON ATTEST:_ LAKE COUNTY CLERK CERTIFICATE STATE OF ILLINOIS) COUNT�Y� (O�F� ]lA1LE) ULv�"'�'-`•.�� -� ---_ COUNTY CLE(M OF X CCUNTY, ILLINOIS, DO HEREBY CERTIFY THAT THERE ARE NO DEUNWENT GENERAL TAXES, NO UNPAID FORFEITED TAXES AND NO REDEEMABLE TAX SALES AGAINST ANY OF THE LAND INCLUDED IN THE ANNEXED PLAT. GIVEN UNDER W HAND,� AND SEAL AT WAUKEG N. ILLINOIS. THIS )ICI DAY SIGNED:_IJLIjj,.' UNtt CLERK EASEMENT PROVISIONS AN %EMENF IS HEREBY RESERVED AND GRANTED TO THE VILLAGE Of DEL F-ELD AND TO THOSE PUBLIC UTILITY COMPANirS OPERATING UNDER FRANCHISE FROM THE VILLAGE OF DEERFIELD INCLUDING BUi N07 UNITED TO SBC COMPANY, COMMONWEALTH EDLSON COMPANY, COMCAST OF IULINpIS AND NORTH SNORE CAS COMPANY AND THEIR TNOR SUCCESSORS AND/OR ASSM:hS FOR ME PERPETUAL RIG{), PRIVILEGE NY A D T AUTHORITY UTILITY, TRANSMISSION RECONSTRUCT, REPAIR, REMOVE, "IS' ECT, M" H AND OPERATE VARIOUS UDLIP(, TRANSMISSION AND gSTFBBUT10N SYSTEMS INCLUDING BUT NAT UNITED E STORM AND /OR SANITARY SEWER$ TOGETHER WON ANY FUND ALL NECESSARY MANHOLES, ST BASIN. INLETS, VAULTS, EIECTRICAI ANO COMMUNIGATIpNS, CONDUITS, CABLES, WIRES, PEDESTALS, Al1D $MPURIENANCES A.SNWY BEWATER DEZMEp N ESSAPURgYE 5A1p ' AND ALL 07HER EOLNPMENI AND THROUGH SAID INDICTED EASEMENTS, TOGETHER WITH RIGHT 0 �i1C ER ACROSS TIER THE PROPERtt FOR NECESSARY YEN AND EWIPYEM TO DO ANY OF THE ABOVE WORK. LOGTIONS OF UTLLTIY INSTALLATIONS WITHIN THE EASEMENT SNAIL BE SULLIECT i0 THE APPROVAL OF THE VILLAGE OF DEERF47D AS TO DESIGN AND LOGATK)N. ALL INSTALLMENTS ARE SUBJECT TO THE ORDINANCE$ OF THE VILLAGE OF DEERFIELD. IT SHALL INCLUDE THE RIGHT TO ENTER THE SUBOMDED PROPERtt FOR ALL SUCH PURPOSES, AND 111E RIGHT DEVICE wrrMNY TO CUT, TRW. ALTER. OR REMOVE ANY VEGETATION, ROOTS. STRUCTURES OR DEVICES WRMN THE DESIGNATED EASEMEM PROPERTY AS MAY BE REASONABLY REQUIRED INCIDENT TO THE RICH HEREIN GIVEN. WITHOUT PRIOR WRITTEN CONSENT OF GRANTEE, NO BUILDINGS, STRUCTURES, OR OTHER ofREETICTIpF1 $FALL BE CONSTRUCTED FLAMED, OR PLACED IN ANY SUCH ti15EYENT AREAS, STREETS, OR OTHER PUBLIC WAYS OR PEACES. NOR SHALL —o THER USES BE WILE THEREOF WHICH WILL INTERFERE WfTH THE FASEMEM RESERVED AND GRANED HEREBY. SUCH EASEMENTS SHALL SURNVE HIE VAGATION BY PROPER AUTHORITY OF ANY STREET AND OTHER PUBLIC WAY ANN PLACE SHOWN ON THIS PUT, UNLESS OTHERWISE MENTIONED IN AN ORDDACNE OF VACATION.