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lty RECORDER OF DEEDS
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Image# 055097410012 Type: ORD
Recorded: 05/24/2016 at 10:55:07 AM
Receipt#: 2016-00030172
Page 1 of 12
Fees: $37.00
IL Rental Housing Fund: $0.00
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
File7294367
RECORDING COVERSHEET
�A NON-STANDARD DOCUMENT
❑ RE -RECORDED DOCUMENT - previously recorded as
document number
(Lake County numbers consist of 7 Digits)
PLEASE ALSO STATE THE REASON FOR RE-RECORDING IN THE BOX BELOW
A "re -recorded document" refers to the recording of a previously recorded document and is
used to correct or modify the document after the original recording.
• The changes or additions reflected by the re-recording should be made on either the original
document or on a certified copy and then attached to this coversheet.
• For the convenience of title searchers, no pages or information should be deleted from the
original. Corrections should be made by crossing out the incorrect version and adding the
correct information. This allows the searcher to easily identify the before and after versions.
Please update the followinrj information when re-recordin
Submitted By: Return To: _ ��kl
�/ i 11 CA9 C. C�M i-t V �Eft� 1Z
1 �= i e ICI\ �M
VILLAGE OF DEERFIELD
STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK ) SS
VILLAGE OF DEERFIELD )
The undersigned hereby certifies that he 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 0-16-5 approved on March 7, 2016
• Statement of Intent and Agreement for the JK Wilmot Resubdivision
• Impact Fee Agreement for the JK Wilmot Resubdivision
• Samantha's Way Homeowners Association, in its final form
as appears in the records and files of the office of the Village Clerk
Dated this 20th dU of May, 2016
SEAL
Submitted by: Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
Mail to: Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-16-5
AN ORDINANCE APPROVING A PLANNED RESIDENTIAL
DEVELOPMENT SPECIAL USE TO PERMIT A RESUBDIVISION
OF THE PROPERTY AT 225 AND 243 WILMOT ROAD
(J K WILMOT RESUBDIVISION)
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
7th day of March , 2016.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
7th day of March , 2016.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-16- 5
AN ORDINANCE APPROVING A PLANNED RESIDENTIAL
DEVELOPMENT SPECIAL USE TO PERMIT A RESUBDIVISION
OF THE PROPERTY AT 225 AND 243 WILMOT ROAD
(J K WILMOT RESUBDIVISION)
WHEREAS, the owner of the property legally described on Exhibit A attached hereto
and made a part hereof (the "Subject Property") has applied for approval of an eight (8) lot plat
of resubdivision (the "J K Wilmot Resubdivision") of the Subject Property as a Planned
Residential Development Special Use in the R-1 Single -Family Residence District; and,
WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on
September 9, 2015 to consider a Preliminary Plat of Resubdivision of the Subject Property as a
Planned Residential Development Special Use in the R-1 Single -Family Residence District, said
hearing being held pursuant to public notice and conforming in all respects, in both manner and
form, with the requirements of the Zoning Ordinance and the Subdivision Code of the Village of
Deerfield; and,
WHEREAS, the Plan Commission, after considering the proposed Preliminary Plat of
Resubdivision and 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
recommendation that the requested Planned Residential Development be authorized pursuant to
Article 12.03 of the Zoning Ordinance of the Village of Deerfield to allow an eight (8) lot
resubdivision of the Subject Property as a Special Use in the R-1 Single -Family Residence
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District, subject to submission of a Final Plat of Resubdivision in compliance with the
requirements of the Zoning Ordinance and Subdivision Code of the Village of Deerfield; and,
WHEREAS, the President and Board of Trustees of the Village of Deerfield concurred
in the recommendation of the Plan Commission recommendation that the proposed Preliminary
Plat of Resubdivision fully complied with the requirements and standards set forth in Article
12.03 of the Zoning Ordinance of the Village of Deerfield and should be authorized as Planned
Residential Development Special Use of the Subject Property, subject to submission and
approval of a Final Plat of Resubdivision; and,
WHEREAS, the owner of the Subject Property has now presented a Final Plat of
Resubdivision for approval as a Planned Residential Development Special Use of the Subject
Property, together with final engineering plans 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 J K Wilmot Resubdivision attached hereto as Exhibit B hereof to
comply with the requirements of the ordinances of the Village of Deerfield as required by
Section 9.106 of the Subdivision Code; and,
WHEREAS, the owner of the Subject Property has not requested any variations from the
provisions and standards of the Subdivision Code of the Village of Deerfield; and
WHEREAS, the Plan Commission has submitted its report to the Board of Trustees
containing its finding that said Final Plat of Resubdivision is in substantial conformance with the
Preliminary Plat of Resubdivision heretofore approved, and its recommendation that said Final
Plat should be approved as a Planned Residential Development Special Use of the Subject
Property in the R-1 Single -Family Residence District;
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WHEREAS, the corporate authorities of the Village of Deerfield concur in the findings
and 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 Resubdivision for the J K Wilmot Resubdivision, being a resubdivision
of the Subject Property described on Exhibit A attached hereto, as a Planned Residential
Development Special Use of the Subject Property in the R-1 Single -Family Residence District
pursuant to the provisions of Article 12.03 of the Zoning Ordinance of the Village of Deerfield.
SECTION 2: Pursuant to Section 9.106 of the Village of Deerfield Subdivision Code the
corporate authorities of the Village of Deerfield do hereby further approve the Statement of
Intent and Agreement for the J K Wilmot Resubdivision, a copy of which is attached hereto as
Exhibit B hereof, and the Village President and Village Clerk are hereby authorized and directed
to execute said Statement of Intent and Agreement for and on behalf of the Village. Except as
otherwise provided in this Ordinance or in said Statement of Intent and Agreement, the Owner
shall comply with the requirements of the Municipal Code, the Subdivision Code and the Zoning
Ordinance of the Village of Deerfield.
SECTION 3: The President and Village Clerk of the Village of Deerfield are hereby
authorized and directed to execute the Statement of Intent and Agreement for J K Wilmot
Resubdivision and the Final Plat of the J K Wilmot Resubdivision on behalf of the Village of
Deerfield.
-3-
SECTION 4: That the Village Clerk is hereby authorized and directed to cause said
Final Plat of Resubdivision and the Statement of Intent and Agreement for said subdivision to be
recorded, at Developer's expense, in the office of the Lake County Recorder of Deeds.
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.
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 7th day of March , 2016.
AYES: Jester, Nadler, Seiden, Struthers
NAYS: None
ABSENT: Farkas, Shapiro
ABSTAIN: None
APPROVED this 7 t h day of March , 2016.
ATTEW,�44
Villa e Clerk
-4-
Village President
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Said property to be resubdivided is commonly known as JK Wilmot Resubdivision and is legally
described as follows:
BEING A SUBDIVISION OF LOTS 147, 148 AND 149 IN J.S. HOVLAND'S FIRST
ADDITION TO DEERFIELD, A SUBDIVISION OF PART OF THE SOUTHWEST 1/
(EXCEPT THE NORTHWEST 1/ OF THE NORTHWEST 1/ THEREOF) OF SECTION 32,
TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED NOVEMBER 7, 1924,
AS DOCUMENT 248380, IN BOOK" N" OF PLATS, PAGE 56 IN LAKE COUNTY, ILLINOIS.
VXATRTT R
STATEMENT OF INTENT AND AGREEMENT
FOR THE JK WILMOT RESUBDIVISION
225 and 243 Wilmot Road, Deerfield, IL
The following is a binding Statement of Intent and Agreement dated this IA day of
&44, 2016, between Samantha's Way, Inc., an Illinois corporation, being the proposed
owner and developer of the Subject Property ("Owner and Developer"), and the Village of
Deerfield, an Illinois municipal corporation (the "Village"), concerning requirements for the
subdivision and development of the property known as the JK Wilmot Resubdivision (hereafter
referred to as the "Subdivision" or "Subject Property") located at 225 and 243 Wilmot Road in
Deerfield, Illinois and legally described on the Final Plat incorporated herein.
1. SUPPORTING DOCUMENTS:
(a) The final plat of resubdivision for the JK Wilmot Resubdivision prepared by
Atwell, LLC, revised 1/21/16, (the "Final Plat").
(b) The final engineering drawings and specifications (the "Engineering Plans")
prepared by Atwell, LLC (the "Project Engineer") revised 1/21/16.
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 $ 10,329.24.
(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 Estimated Cost
Earthwork $39,620.00
Erosion Control $15,662.00
Demolition and Site Preparation $41,618.00
Storm Sewers/Drainage $70,780.00
Sanitary Sewer Improvements $20,666.00
Water Main Improvements $40,525.00
Street Improvements $82,937.00
TOTAL $311,808.00
Owners and Developers 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 Owners and Developers. 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, Owners and Developers 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.
6. CONDITIONS WHICH MUST BE MET PRIOR TO THE ISSUANCE OF
A BUILDING PERMIT:
The Owners and Developers 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
Owners and Developers, or are otherwise required for compliance with the
Deerfield Subdivision Code, Owners and Developers shall submit such
modifications for review by the Village Engineer and shall pay all Village review
fees associated therewith.
(c) Owners and Developers shall provide a schedule, approved by the Village
Engineer, for the orderly construction of the Municipal Improvements.
(d) Owners and Developers shall submit a Tree Inventory and a Tree Preservation
Plan in accordance with the requirements of the Deerfield Tree Preservation
Ordinance.
2
7. SECURITY FOR COMPLETION OF MUNICIPAL IMPROVEMENTS:
(a) To guarantee the completion of Municipal Improvements, and other commitments
by the Owners and Developers as specified in this Statement of Intent and
Agreement, the Owners and Developers shall provide to the Village financing
surety by means of a letter of credit in a total amount of not less than
$343,000.00. 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 Owners and
Developers 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 Owners and
Developers have 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 Owners and Developers 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 Owners and Developers may provide
security for the completion of the Municipal Improvements and other
commitments by the Owners and Developers 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 Owners and Developers, if Owners and
Developers fail 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
Owners and Developers, seven days written notice. Such notice, and any other
notice required to be given to Owners and Developers pursuant to a letter of
3
credit, shall be deemed given when received by Owners and Developers 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 Owners and Developers at the address
set forth at the beginning of this Statement of Intent and Agreement.
(e) The Owners and Developers expressly agree, understand and acknowledge that
the Village and its officials shall be under no obligation to issue building or
occupancy permits for the Subdivision if the Owners and Developers have 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 Owners and Developers acknowledge and agree 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:
Owners and Developers 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:
Owners and Developers acknowledge that prior to construction of any new sanitary sewer
and water lines that will service the Subdivision, they may be required to seek and obtain pen -nits
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 Owners and Developers shall take such measures to provide for
erosion control and soil conservation as may be required under the Deerfield Watershed
Development Ordinance, as amended.
9
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 Owner and Developer shall be a
covenant running with the land and shall be binding upon the Owner and Developer and upon
their successors, heirs, assigns, grantees and successors in title to the Subject Property.
Samantha's Way, Inc., an Illinois corporation
By: C"( va3--
ATTEST:
k
; � *
V lage Clerk
APPROVED BY THE VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
BY
Village President
5
Image# 055097420005 Type: AGR
Recorded: 05/24/2016 at 10:55:07 AM
Receipt#: 2016-00030172
Page i of 5
Fees: $30.00
IL Rental Housing Fund: $0.o0
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
File7294368
ity RECORDER OF DEEDS
RECORDING COVERSHEET
)4 NON-STANDARD DOCUMENT
❑ RE -RECORDED DOCUMENT - previously recorded as
document number
(Lake County numbers consist of 7 Digits)
PLEASE ALSO STATE THE REASON FOR RE-RECORDING IN THE BOX BELOW
• A "re -recorded document" refers to the recording of a previously recorded document and is
used to correct or modify the document after the original recording.
• The changes or additions reflected by the re-recording should be made on either the original
document or on a certified copy and then attached to this coversheet.
• For the convenience of title searchers, no pages or information should be deleted from the
original. Corrections should be made by crossing out the incorrect version and adding the
correct information. This allows the searcher to easily identify the before and after versions.
Submitted By*
Please update the following information when re-recordin
Return To-
V .y Q iz-r; c id .
J ��
IMPACT FEE AGREEMENT / JK WILMOT RESUBDIVISION
THIS AGREEMENT entered into this / day of ¢i�G`{ , 20 i4 between the
VILLAGE OF DEERFIELD, an Illinois municipal corporation ("Deerfield") and
SAMANTHA'S WAY, INC, an Illinois corporation (individually and collectively, the
"Developer").
WITNESSETH
WHEREAS, Developer is the contract purchaser and developer of a certain parcel of
property approximately 2.5 acres in size located at 225 and 243 Wilmot Road, Deerfield, Illinois,
and which is legally described on Exhibit A attached hereto (the "Subject Property"); and
WHEREAS, pursuant to relevant provisions of the Village Zoning Ordinance, Developer
has made application to Deerfield for certain approvals, including: (i) approving a preliminary
plat of subdivision for a 8-lot subdivision of the Subject Property; and
WHEREAS, Deerfield has previously adopted Ordinance No. 0-93-48 (the "Ordinance")
pursuant to its Home Rule Powers recognizing the burden placed on various goviernmental units
resulting from additional residential development within Deerfield; and
WHEREAS, the Ordinance establishes certain standards for dedication of land or
payment of fees in lieu thereof in recognition of the increased burden upon the various
governmental units in Deerfield resulting from additional residential development; and
WHEREAS, the Ordinance also provides a standard of value of residentially -zoned
properties within Deerfield as a basis for calculating impact fees in the manner required by the
Ordinance; and
WHEREAS, Section Four of the Ordinance provides for certain credits for developments
that provide their own recreation areas and facilities, and Section Eighteen of the Ordinance
grants authority to the Corporate Authorities of Deerfield to determine whether or not a
particular residential development will have an impact or create an impact upon other
governmental units within Deerfield or whether said development will have a lesser or differing
impact than provided for in the Ordinance.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and
other good valuable consideration, it is agreed by and between Deerfield and Developer as
follows:
1. The preambles to this Agreement are a material part hereof, and are incorporated
herein as part of this Agreement.
2. Deerfield has conducted: (i) a review of the specific residential development
proposal presented by Developer; and (ii) a review of evidence adduced by Developer as to its
efforts to satisfy Ordinance requirements for the provision of open space or other recreational
areas or facilities by providing such area within the development and regarding whether said
development will have a lesser or differing impact than provided for in the Ordinance.
-1-
3. As a result of the foregoing, Developer agrees to pay: (a) an impact fee of
$30,589 .65 as a contribution in lieu of dedication of a school site for the benefit of the Deerfield
School District No.109; and (b) an impact fee of $21,210.00 as a contribution in lieu of
dedication of a school site for the benefit of the Deerfield Township High School District No.
113;
4. Developer further agrees to pay an impact fee of $76,251.00 as a contribution in
lieu of dedication of land for park and recreational for the benefit of the Deerfield Park District.
5. Developer further agrees to pay an impact fee of $20,791.05 to the Village of
Deerfield as a contribution in lieu of dedication of land for village and library site use.
6. Developer further agrees to pay an impact fee of $152.43 as a contribution in lieu
of dedication of land for fire protection facilities to the Deerfield -Bannockburn Fire Protection
District.
Payment of the total impact fee of $148,994.12 as set forth in Paragraphs 3-6 shall be made in
eight (8) installments of $18,624.27 each. Installment payments shall be made payable during
the application and issuance of a building permit for the construction of each house upon the
Subject Property. Deerfield's issuance of certificates of occupancy for any single-family
residence at the Subject Property shall be subject to payment of the impact fee for such house.
7. Developer agrees that all payments hereunder shall be payable to Deerfield and
shall be deposited with the Village Finance Director who shall be solely responsible for
disbursement of the funds to the governmental units benefited by the Ordinance.
8. Deerfield acknowledges and agrees that compliance by Developer with the terms
of this Agreement constitutes full compliance with the Ordinance, and Deerfield agrees that
Developer shall not be required to make any further or other payments of cash or dedications of
land which are not set forth in this Agreement to satisfy the Ordinance.
9. Developer waives and releases any and all claims to contest the provisions of the
Ordinance or the payments and conveyances set forth herein. Further, Developer waives and
releases any and all rights to contest the time, manner and purposes of the expenditure of any
fees paid hereunder, and specifically waives any right under Section Eight of the Ordinance for
any refund of fees not expended within ten (10) years.
10. Developer and Deerfield agree that the execution and delivery of this Agreement
by the parties hereto shall be an express condition to the approval of a final plat of subdivision
for the proposed residential development of the Subject Property. It is acknowledged by
Developer that any failure on its part to fully perform all aspects of this Agreement as and when
required shall entitle Deerfield to cease to issue building permits for further construction and to
issue certificates of occupancy for completed residential units.
11. Deerfield and Developer agree that this Agreement shall be binding upon and
shall benefit the successors, transferees, legal representatives, grantees and assigns of the parties
hereto.
-2-
EXHIBIT A
Said property to be resubdivided is commonly known as JK Wilmot Resubdivision and is legally
described as follows:
BEING A RESUBDIVISION OF LOTS 147,148 AND 149 IN J.S. HOVLAND'S FIRST ADDITION
TO DEERFIELD, A SUBDIVISION OF PART OF THE SOUTHWEST '/ (EXCEPT THE
NORTHWEST '/ OF THE NORTHWEST '/ THEREOF) OF SECTION 32, TOWNSHIP 43 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID
SUBDIVISION RECORDED NOVEMBER 7, 1924, AS DOCUMENT 248380, IN BOOK "N" OF
PLATS, PAGE 56 IN LAKE COUNTY, ILLINOIS.
12. This Agreement may only be modified by an instrument in writing executed by all
parties hereto. Execution of this Agreement by Deerfield has been duly authorized and the
appropriate action has been taken by the corporate authorities of Deerfield to direct its execution
on behalf of Deerfield.
IN WITNESS WHEREOF, the parties have set their hands and seals on the day and year
first above written.
VILLAGE OF DEERFIELD
By Village President
President
ATTEST:
Village dlerk
DEVELOPER:
SAMANTHA'S WAY, INC, an Illinois
corporation
By:
Name: k M kit —
Title: Q y4s
ATTEST:
• to. a
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-
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-3-
Imaqe# 055097430017 T
I
Recorded: 05/24/2016 ate10:55:07 AM
Receipt#: 2016-00030172
Page 1 of 17
Fees: $42.00
IL Rental Housinq Fund: $0.00
Lake County IL Recorder
Mary Ellen Vandervente
File7294369 r Recorder
inty RECORDER OF DEEDS
RECORDING COVERSHEET
I
NON-STANDARD DOCUMENT
❑ RE -RECORDED DOCUMENT - previously recorded as
document number
(Lake County numbers consist of 7 Digits)
PLEASE ALSO STATE THE REASON FOR RE-RECORDING IN THE BOX BELOW
A "re -recorded document" refers to the recording of a previously recorded document and is
used to correct or modify the document after the original recording.
• The changes or additions reflected by the re-recording should be made on either the original
document or on a certified copy and then attached to this coversheet.
• For the convenience of title searchers, no pages or information should be deleted from the
original. Corrections should be made by crossing out the incorrect version and adding the
correct information. This allows the searcher to easily identify the before and after versions.
Please update the followi
Submitted By,
information when re-recordinq
Return To:
IBC e- cfl�,
DECLARATION
OF
EASEMENTS, RESTRICTIONS AND COVENANTS
FOR
SAMANTHA'S WAY HOMEOWNERS ASSOCIATION
THIS DECLARATION, made and entered this �4 y of 2016, by Samantha's
Way, Inc., an Illinois corporation (hereinafter referred to as "Declarant").
WITNESSETH:
WHEREAS, Declarant is the legal title holder of certain real estate (the "Premises") in the Village of
Deerfield, Illinois, the legal description of which is set forth in Exhibit "A" attached to and made a part of this
Declaration; and
WHEREAS, Declarant intends to develop on the Premises a residential complex consisting of a
number of separate buildings including detached single family homes, along with storm sewer pipes and
appurtenances common to the entire complex ("Storm Sewer System"); and
WHEREAS, in order to provide for the necessary maintenance and common enjoyment of the
Premises, and to implement the Storm Sewer System which Declarant intends to hereinafter construct within
the Premises, Declarant has (i) fonned or will fonn the Samantha's Way Homeowners Association (the
"Association") under the Illinois General Not -for -Profit Corporation Act, which shall have the responsibility
for maintaining, repairing, and replacing the Storm Sewer System in accordance with the provisions hereof,
and (ii) hereby causes the Premises to be subject to the provisions of this Declaration; and
WHEREAS, Declarant desires to subject the Premises or portions thereof to the covenants, conditions,
restrictions, easements and rights set forth in this Declaration, each and all of which is and are for the benefit
of the Premises and portions thereof and each owner, tenant and occupant of each Lot or any portion thereof
and shall inure to the benefit of and shall pass with the Premises and each and every portion thereof,
NOW, THEREFORE, Declarant hereby declares that the Premises are and hereafter shall be
transferred, held, sold, conveyed and accepted subject to this Declaration.
Declarant does hereby further declare that the following rights, easements, covenants, restrictions,
conditions, burdens, uses, privileges, charges and liens shall: (1) exist at all times hereafter among all parties
having or acquiring any right, title or interest in any portion of the Premises; (2) be binding upon and inure to
the benefit of each Owner (as further defined in Paragraph 1.07); and (3) run with the land subject to this
Declaration, to be held, sold and conveyed subject thereto.
ARTICLE I
For purposes of brevity and clarity, the following words and terms, when used in this Declaration,
shall have the following meanings unless otherwise required by the context:
1.01 Association. Samantha's Way Homeowners Association, an Illinois not -for -profit corporation,
and its successors and assigns.
1.02 Board. TheBoardof Directors of the Association, as constituted at any time or from time to
time, in accordance with the applicable provisions of Article II hereof.
1.03 Storm Sewer System. The portion of the Premises now or hereinafter designated for the
transmission of storm water, which is intended to be located within one or more Lots in the Premises and shall
be designated in easements now or hereinafter granted by Declarant, whether in a plat of subdivision of the
Premises or separate grant, as the same may be amended, which shall be duly recorded with the Office of
Recorder of Deeds of Lake County, Illinois.
1.04 Declaration. This Declaration and all amendments hereof and thereof. References to "this"
Declaration or to any "other' Declaration shall mean this instrument as so amended and supplemented.
1.05 Lot. Any of Lots 1 through 8 described on Exhibit "A" attached hereto, upon each of which it
is intended that a Residence be constructed.
1.06 Member. An Owner who holds membership in the Association pursuant to Paragraph 2.01
hereof and who is subject to assessment pursuant to Paragraph 3.01 hereof
1.07 Owner. The record owner, whether one or more persons or entities, of a fee simple title to any
Lot, including contract sellers, but excluding those other than contract sellers having such interest merely as
security for the performance of an obligation. The term "Owner' shall include Declarant to the extent of the
number of Lots owned by Declarant or by any title holding trust of which Declarant shall be the sole
beneficiary, and also includes the interest of Declarant (or of such title holding trust) as contract seller of any
Lot.
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1.08 Premises. The real estate legally described Exhibit "A" attached hereto (including all
easements and rights appurtenant thereto).
1.09 Residence. A housing unit designed or intended for use exclusively as living quarters for one
family.
1.10 Unit Membership. The membership in the Association which is appurtenant to a Member's
Lot as provided in Paragraph 2.01 hereof.
ARTICLE II
MEMBERSHIP AND VOTING RIGHTS IN THE COMMUNITY ASSOCIATION:
BOARD OF DIRECTORS OF THE COMMUNITY ASSOCIATION
2.01 Membership. Every Owner of a Lot which is subject to assessment pursuant to Paragraph
3.01 hereof is hereby declared to be a Member of the Association. Membership is appurtenant to and shall not
be separated from ownership of such Owner's Lot. Each such Owner, by acceptance of a deed or other
conveyance of a Lot, thereby becomes a Member, whether or not this Declaration or such membership is made
a part of, incorporated by reference in, or expressed in the deed or conveyance. There shall be one
membership allocable to each assessable Lot (herein called a "Unit Membership") and any Member who is the
owner of more than one such Lot shall have the number of Unit Memberships equal to the number of such
Lots. If the record ownership of a Lot shall be in more than one person, or if an Owner of a Lot is a trustee,
corporation, partnership or other legal entity, then the individual who shall enjoy the Unit Membership and be
responsible for the obligations attributable thereto, shall be designated by such Owner or Owners in writing to
the Association at the time the Owner acquires an interest in a Lot or anytime upon request of the Association.
In the event an Owner fails to make any such designation within ten (10) business days of a request by the
Association, in addition to any other rights or remedies that may be available, the Association shall have the
power to suspend any and all privileges and rights of such Owner under this Declaration. Such designation
may be changed from time to time thereafter by notice in writing to the Association. Ownership of a Lot shall
be the sole qualification for membership in the Association. Declarant shall be a Member of the Association
only to the extent that Declarant owns Lots which are subject to assessment pursuant to Paragraph 3.01 hereof.
2.02 Votinu Ringhts. Members shall have voting rights in the Association, equal to one vote for
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each Dwelling Unit owned by such Members.
2.03 Method of Voting. The total number of votes which may be cast on any matter requiring
assent of Members of the Association shall be equal to the total number of Lots in the Premises. Unless this
Declaration or the charter or Bylaws of the Association, or any law, shall specify a greater vote, all
Association matters requiring action by Members shall be decided by a majority of the votes cast by the
Members voting at a meeting of the Members at which are present Members representing a majority of the
Unit Memberships in the Premises at the time of such vote.
2.04 Board of Directors.
(a) The Association shall be governed by its Board of Directors ("Board") comprised of
three (3) persons duly appointed or elected as provided herein and in the charter and Bylaws of the
Association, provided, however, that the Members having at least two-thirds (2/3) of the total votes may from
time to time increase or decrease the number of directors of the Board to a number no less than three (3) and
no more than five (5).
(b) A majority of the Board elected by the Members shall be Members. of the Association
or spouses of Members; provided, however, that in the event an Owner is a corporation, partnership, trust,
limited liability company, or other legal entity other than a natural person or persons, then any director or
officer of such corporation, partner of such partnership, individual trustee or beneficiary of such trust,
manager, officer or member of such limited liability company, or manager or principal of such legal entity,
shall be eligible to serve as a member of the Board. Directors appointed by Declarant need not be Members.
(c) Prior to the appointment of the first Board of the Association pursuant to Paragraph
2.05 hereof, Declarant may exercise all rights, powers and privileges of the Board and may perform all of its
functions, including its functions under Article IV hereof.
2.05 Appointment of Directors by Declarant. Notwithstanding any other provisions of this
Declaration or the charter or Bylaws of the Association the first and each subsequent Board of the Association
shall consist of three (3) Directors, and vacancies on the Board shall be filled by such persons as Declarant
shall from time to time appoint, until the first to occur of any one of the following events: (i) Declarant notifies
the Association in writing that it has completed and sold or leased all Residences to be constructed by
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Declarant within the Premises; (ii) ten (10) years shall have elapsed from the date upon which this Declaration
is recorded; or (iii) Declarant, by written notice to the Association, voluntarily elects to terminate its control of
the Association. Such right of Declarant to appoint Directors shall be to the exclusion of the right of the
Members to do so. The Owners, or Members shall not, without the prior written consent of Declarant, have the
right to amend, modify or change the charter or Bylaws of the Association to in any way diminish the
authority of the Board during the period that Declarant has the right to appoint any members of the Board:
Declarant may, from time to time, by written notice to the Association, voluntarily waive its right to
appoint one or more Directors, and continue to exercise its right to appoint the remaining members of the
Board for the period hereinabove specified. Election by Declarant to waive its right to appoint any member or
members of the Board or to terminate its control of the Association, shall not affect the right of Declarant to
participate in the Association as a Member thereof. All Directors who are not subject to appointment by
Declarant shall be elected by the Members in accordance with the provisions of Paragraphs 2.06 and 2.07
hereof.
2.06 First Meeting of Members to Elect Directors. Upon receipt by the President of the
Association of appropriate evidence of the waiver of Declarant's right to select all the Directors of the
Association, the President shall promptly convene a meeting of the Members for the purpose of electing a new
Board to be comprised of three (3) Directors.
2.07 Election of Directors by Members. Upon waiver of Declarant's right to appoint any of or all
the Directors, pursuant to Paragraph 2.05 hereof, those Directors not subject to appointment by Declarant shall
be elected by vote of the Members in accordance with the provisions of this Article. Notwithstanding such
election, any Director theretofore appointed by Declarant who does not elect to resign may stay in office for
the balance of his unexpired tens and until his successor is elected and qualified.
2.08 Informal Action by Directors. Unless specifically prohibited by the charter or Bylaws of the
Association, any action required by this Declaration to be taken by the Board may be taken without a meeting
if a consent in writing, setting forth the action so taken, shall be signed by all the Directors entitled to vote
with respect to the subject matter thereof. Any such consent signed by all the Directors shall have the same
effect as a unanimous vote.
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2.09 Informal Action by Members. Any action required by this Declaration to be taken at a
meeting of the Members, or any other action which may be taken at a meeting of the Members may be taken
without a meeting if a consent in writing, setting forth the action so taken, shall be signed by such number of
the Members entitled to vote with respect to the subject matter thereof as may be required by law, this
Declaration, the articles of incorporation of the Association and the bylaws of the association. Such consent
shall have the same force and effect as a unanimous vote of the Members.
2.10 Liabilities. None among the Declarant, its members, shareholders, officers, directors,
managers, partners, employees, the Board, members of the Board, officers of the Association and the agents
and employees of any of them (all of the above hereinafter referred to as the `'Protected Parties") shall be
liable to the Owners or any other person for any mistake of judgment or for any acts or omissions made in
good faith as such members of the Board or officers of the Association or acting as the Board. The Owners
hereby agree to indernnify, hold harmless, protect and defend any and all of the Protected Parties against all
contractual liability to others arising out of contracts made by the Board or officers of the Association or
acting as the Board, on behalf of the Owners or for any proper purposes of the Association, unless any such
contract shall have been made in bad faith or contrary to the provisions of this Declaration. It is intended that
the liability of each Owner arising out of such indemnity, shall be limited to and borne by each such Owner, in
the proportion that each such Owner's Lot bears to the total number of Lots in the Premises at the time the
loss, cost, damage or expense is incurred. The Board shall assess each Owner for his share of the cost of such
indenmification, and such assessment shall be collectible and enforceable in mode and manner as set forth in
Article III hereof. To the extent possible the obligation of the Owners for indemnification hereunder shall be
insured by means of appropriate contractual endorsements to the comprehensive general liability insurance
policies held from time to time by the Association.
2.11 Governing Law. Except as otherwise provided in this Declaration, the Association, its Board,
officers and Members shall be governed by the Illinois General Not -for -Profit Corporation Act.
ARTICLE III
COVENANTS FOR MAINTENANCE ASSESSMENTS
3.01 Creation of the Lien and Personal Obligation for Assessments. Each Owner (excluding
A
Declarant and the Association) of a Lot, by acceptance of a deed therefor, whether or not it shall be so
expressed in any such deed or other conveyance for each Lot owned by such Owner, hereby covenants and
agrees and shall be deemed to covenant and agree to pay to the Association such assessments and user charges
as are levied pursuant to the provisions of this Declaration and the Bylaws of the Association. Such
assessments and user charges, together with interest thereon and cost of collection, if any, as hereinafter
provided, shall be a charge and a continuing lien upon the Residence against which such assessment is made
and upon the Unit Membership appurtenant thereto. Each such assessment, and user charge, together with
such interest and costs, shall also be the personal obligation of the Member who was the Owner of such Lot at
the time when the assessment fell due.
3.02 Purpose of Assessments. The assessments levied by the Association (or by Declarant acting
on its behalf pursuant to Paragraph 2.04(c) hereof) shall be used for the purpose of promoting the health,
safety and welfare of the Members of the Association and in particular, without limiting the foregoing: (i) for
the maintenance, repair, and replacement of the Storm Sewer System; and (ii) in general for carrying out the
duties of the Board as set forth in this Declaration and the Bylaws of the Association; and for carrying out the
purposes of the Association as stated herein and in its charter.
3.03 Assessment Procedures.
A. Preparation of Estimated Budeet. Each year on or before December 1, the Board
shall estimate the total amount necessary to pay the cost of wages, materials, insurance, taxes, services, fees,
repairs, replacements, management, supplies and of other items which, in the judgment of the Board, will be
required to be provided to the Association or be required to meet the Association's obligations during the
ensuing calendar year to effect the purposes of the Association, together with a reasonable amount considered
by the Board to be necessary for a reserve for contingencies and replacements. The annual budget shall also
take into account any estimated net operating income or deficit which may result from the operation of the
Storm Sewer System during such year. On or before January 1" of the ensuing year, and the 15` day of each
and every month of said year, each member shall be personally obligated to pay, in the way prescribed by
Article III hereof, one -twelfth (1/12) of such Member's annual assessment, together with all user charges
incurred by such Member during the preceding month. If the actual expenditures paid or provided for by the
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Board during said year shall be more or less than said estimated cash requirement, any net shortage or excess
shall be applied as an adjustment to the installments under the current year' estimate falling due after the
amount of such net shortage or excess for the preceding year has been determined.
B. Adjustments to Estimated Budeet. If said "estimated cash requirement" proves
inadequate for any reason (including nonpayment of any member's assessment), the Board may at any time
levy a further assessment. The Board shall serve notice of such further assessment on all Members by a
statement in writing giving the amount and reasons therefor, and such further assessment shall become
effective with the monthly assessment payment which is due more than ten (10) days after the delivery or
mailing of such notice of further assessment. All members shall be personally liable for and obligated to pay
their respective adjusted monthly amount.
C. Failure to Prepare Annual Bud-aet. The failure or delay of the Board to prepare an
annual or adjusted estimated budget shall not constitute a waiver or release in any manner of any Member's
obligation to pay the maintenance costs and necessary reserves, as herein provided, whenever the same shall be
determined, and in the absence of any annual estimate or adjusted estimate, each Member shall continue to pay
the monthly maintenance charge at the then existing monthly rate established for the previous period.
3.04 Special Assessments for Capital Improvements. In addition to the annual assessment
authorized by Paragraph 3.03, the Board may levy special assessments for the purpose of defraying, in whole
or in part, the cost of construction or purchase of a specified capital improvement upon or to the Storm Sewer
System, and the necessary fixtures and personal property related thereof.
Such special assessment shall first be approved at a meeting of the Members by the affirmative
votes of three -fourths (3/4) of the votes cast by the Members at a meeting called and held in accordance with
the provisions of Paragraph 3.05. The provisions of this Paragraph 3.04 shall not limit the power of the Board,
without such prior approval, to levy assessments, reconstruct, replace or restore any improvements on the
Stone Sewer System to the condition as originally constructed by Declarant, nor preclude the Board, without
prior approval, from financing capital improvements provided that the sum of the annual debt set -vices
requirements of such financing and of any other special assessments not approved by the Members, plus the
annual assessment then levied against the Members, is not more than one hundred and ten percent (110%) of
N.
the most recent, prior annual assessment.
3.05 Notice and Ouorum. Written notice of any ineeting called for the purpose of authorizing any
special assessments requiring approval pursuant to Paragraph 3.04 hereof shall be sent to all Members not less
than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the opening of such meeting,
the presence in person or by proxy of Members entitled to cast a majority of all the votes shall constitute a
quorum.
3.06 Nonpayment of Assessments.
A. Any installment of an assessment, which is not paid when due, shall be delinquent. If
said installment is not paid within thirty (30) days after the due date, the Board may upon notice to such
Member of such delinquency, accelerate the maturity of all remaining installments due with respect to the
current assessment year, and the total amount shall commence to bear interest from the date of acceleration at
the highest legal rate per annum. The Association may bring an action against the Owner or Member
personally obligated to pay assessments and recover the same, including interest, costs and reasonable
attorney's fees for any such action, which shall be added to the amount of such assessment and included in any
judgment rendered in such action; and the Association may enforce and foreclose any lien it has or which may
exist for its benefit. Such lien may be enforced by all methods generally available for the enforcement of liens,
including foreclosure by an action brought in a manner similar to the type of action instituted to foreclose the
lien of a mortgage or deed of trust on real property.
B. No Member shall be relieved of personal liability for the assessments and for other
amounts due as provided herein by nonuse of the Storm Sewer System or abandonment or transfer of
ownership of his Lot.
C. The lien of the assessments provided for in this Article 3 shall be subordinate to the
lien of any mortgage or mortgages now or hereafter placed upon the properties subject to assessment;
provided, however, that such subordination shall apply only to the assessments which have become due and
payable prior to a sale or transfer of such property pursuant to a decree of foreclosure, or any other proceeding
in lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments
thereafter becoming due, not from the lien of any such subsequent assessment.
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3.07 Damaze by Unit Owner. If, due to the act or omission of an Owner, an occupant of a
Residence or of a household pet or guest or occupant or invitee of the Owner of a Dwelling Unit, damage shall
be caused to the Stonn Sewer System or any portion thereof, and maintenance, repairs, or replacements shall
be required thereby which would otherwise be an expense of the Association, then the Owner of the Lot shall
pay for such damage and such maintenance, repairs and replacements, as may be determined by the Board, to
the extent not covered by any insurance carried by the Association.
ARTICLE IV
ADMINISTRATION
4.01 General Powers of the Board. The Board shall have the following general powers:
A. To repair, maintain, improve and replace the Stonn Sewer System and all facilities
and improvements located thereon; and to have such rights of ingress and egress over and upon the Premises as
may be required to exercise such rights.
B. To exercise all such other powers as may be reasonable or necessary to carry out the
functions of the Association as are provided in this Declaration, the articles of incorporation of the Association
and the bylaws of the Association.
4.02 Special Powers of the Board. The Board shall have the following additional rights and
powers, and shall pay the costs and expenses of exercising the same out of the assessment funds:
A. To borrow funds to pay costs of operation secured by assigmnent or pledge of rights
against delinquent owners, if the Board sees fit.
B. To enter into contracts; maintain one or more bank accounts granting
authority as the Board shall desire to one or more persons to draw upon such accounts; invest surplus funds of
the Association in U.S. Government securities, in passbook savings accounts or in Certificates of Deposit
insured by the Federal Deposit Insurance Corporation or the Federal Savings & Loan Insurance Corporation;
and generally to have all the powers necessary or incidental to the operation and management of the
Association.
C. To protect or defend the Stonn Sewer System from loss or damage by suit or
otherwise and to provide adequate reserves for replacements.
iC
D. To enforce the provisions of this Declaration and rules made hereunder and to enjoin
and seek damages from any Owner for violation of such provisions or rules.
4.03 Performance of Boards Duties by Declarant Pending Conveyance. Without limiting the
generality of the provisions of Paragraph 2.04.0 or of Article IV hereof, until such time as Declarant has
conveyed all the Lots within the existing Premises, Declarant may, at its election, discharge all or any of the
duties of the Board with respect to the Storm Sewer System, in which event the Board shall reimburse
Declarant for all costs and expenses from which the Association has been thereby relieved, and shall levy all
assessments required to make such reimbursernent. The Association shall rely on a certificate executed and
delivered by Declarant with respect to all reimbursement claimed under this Paragraph 4.03.
ARTICLE V
USE RESTRICTIONS
5.01 Lot Appearance: All Lots, whether occupied or unoccupied, and any improvements placed
thereon, at all times shall be maintained in such manner as to prevent their becoming unsightly, unsanitary, or
a hazard to health. Lots shall be mowed to a length not to exceed six (6) inches. Each Owner, at his own cost
and expense, shall repair his Dwelling, keeping same in a condition reasonably comparable to the condition of
such Dwelling at the time of its initial construction, excepting normal wear and tear.
5.02 Pets: No animals other than inoffensive corm -non domestic household pets, such as dogs and
cats, shall be kept or maintained on any Lot. Without written permission from the Board for any greater
number, a maximum of two (2) dogs and two (2) cats may be kept if for personal use only on any Lot. No
animals, dogs, cats or other household pets may be kept, bred or maintained for any cormnercial purpose.
5.03 Casualtv Loss: If all or any portion of a Dwelling is damaged or destroyed by fire or other
casualty, it shall be the duty of the owner thereof, with all due diligence, to build, repair or reconstruct such
Dwelling in a manner which will substantially restore said Dwelling to reasonably the same appearance and
condition as existed irmnediately prior to the casualty.
5.04 Antennae: No television, radio or other aerials shall be erected upon the roof of any Dwelling
which exceed by more than ten feet of the highest point of the dwelling. Satellite receivers may not be located
on the front elevation of a home.
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5.05 Vehicle Storage: No trailers, mobile homes, recreational vehicles, buses, trucks or other
commercial vehicles, or any boats, snowmobiles or similar articles, shall be permitted, stored or placed,
temporarily or permanently, upon any Lot or road right of way unless such vehicle is under permanent roof,
and except when any truck or commercial vehicle is actually delivering, unloading, or loading personal
property to and from the premises; the intent being to prevent unnecessary, excessive, and continuous open
parking of trucks or commercial vehicles upon said Lots. No decrepit or inoperable vehicles may be parked on
any Lot or road right of way. In addition, no boats or boat trailers, hauler trailers, travel trailers, motorized
homes, recreational vehicles, or buses shall be maintained or parked on any part of any Lot unless restricted to
the interior confines of a private garage. The terns of this Section 5.05 shall not apply to Declarant during the
period of any construction activity by Declarant.
5.06 Refuse: No garbage shall be set out for pickup prior to sundown of the evening prior to
pickup. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other wastes
shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal
of such material shall be kept in a clean and sanitary condition and under a permanent roof. The terns of this
Section 5.06 shall not apply to Declarant during the period of any construction activity by Declarant.
5.07 Sims: No sign of any kind shall be displayed to the public view on any Lot or road right-of-
way except one sign of not more than five square feet to advertise the property for sale or rent. The terns of
this Section 5.07 shall not apply to Declarant during the period of any construction activity by Declarant.
5.08 Restrictions on Impervious Surface. Without the express approval from the Village of
Deerfield, the maximum impervious surface to be constructed and permitted on any specific Lot shall not
exceed 3,825 square feet.
ARTICLE VI
GENERAL PROVISIONS
6.01 Binding Effect. The easements created by this Declaration shall be of perpetual duration. The
covenants, conditions, restrictions, easements, agreements and rights contained in this Declaration shall: (i) run
with and bind the Premises, and (ii) apply to, bind, inure to the benefit of and be enforceable by the
Association and/or the owner of any real property subject to this Declaration, their respective legal
12
representatives, heirs, successors, grantees and assigns, for a tern of fifty (50) years from the date that this
Declaration is recorded, after which time the same shall be automatically extended for successive periods of
ten (10) years unless there shall be recorded: (a) an instrument modifying or abolishing any of the provisions
hereof signed by the Association and the then Owners of not less than three -fourths (3/4) of the Lots which are
subject to the provisions of this Declaration, and (b) an affidavit by an officer of the Association certifying that
a copy of the amendment has been mailed by certified mail to all mortgagees having bona fide liens of record
against any Dwelling Unit no less than then (10) days prior to the date of such affidavit.
6.02 Amendment. Except as provided herein, the provisions of this Declaration may be amended
by the affirmative vote of seventy-five percent of the Members of the Assocation. No such amendment shall
be effective unless an instrument specifying such amendment, bearing the certification of the Secretary of the
Association that such amenchnent was duly approved, and further certifying that a copy of the amendment has
been mailed by certified mail to all mortgagees having bona fide liens of record against any Residence, not
less than ten (10) days prior to the date of such certification, is duly recorded in the Office of the Recorder of
Deeds of Lake County, Illinois. Until such time as Declarant no longer owns any Lot nor- any interest in any
part of the Premises, no provision of this Declaration may be changed, modified or rescinded and no provision
may be added without the written consent of Declarant. This Declaration may be amended by Declarant prior
to the conveyance by Declarant of any Residence to any other Owner.
6.03 Enforcement. Enforcement by the Association or any Owner of the covenants and restrictions
contained in this Declaration may be had by a proceeding at law or in equity against any person or persons
violating or attempting to violate any such covenant or restriction, either to restrain violation or to recover
damages or both, and against the land to enforce any lien created by these covenants. Failure by the
Association or any Owner to enforce any covenant or restriction shall in no event be deemed a waiver of the
right to do so thereafter. In the event the Association fails or neglects to perform any maintenance, repair or
replacement work, the Village of Deerfield may perform such maintenance, repair, or replacement work as
may be required for the maintenance, repair, or replacement thereof, and then shall be entitled to
reimbursement from the Association for all such costs of maintenance, repair, or replacement within thirty (30)
days of billing to the Association, which shall be a charge and a continuing lien upon each Lot until paid. The
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total amount billed to the Association, not paid to the Village of Deerfield within thirty (30) days, shall be
delinquent and shall bear interest from the date of delinquency at the highest legal rate per annum. The Village
of Deerfield may bring an action against the Association and recover the costs of such maintenance and repair
work including interest, costs, and reasonable to attorney's fees for any such action. The Village of Deerfield
is granted an easement for access in and through the Premises as for the maintenance, repair, or replacement of
the Stor n Sewer System. Notwithstanding anything to the contrary contained herein, this Paragraph 6.03 may
not be amended or modified without the express written approval of the Village of Deerfield.
6.04 Title-Hotding Land Trust. In the event title to any Lot or any other part of the Premises is
conveyed to a title -holding trust, under the terms of which all powers of management, operation and control of
the Lot remain vested in the trust beneficiary or beneficiaries, then the beneficiaries thereunder from time to
time shall be responsible for payment of all obligations, liens or indebtedness and for the perfonnance of all
agreements, covenants and undertakings chargeable or created under this Declaration against such Lot. No
claim shall be made against any such title- holding trustee personally for payment of any lien or obligation
hereunder created and the trustee shall not be obligated to sequester funds or trust property to apply in whole
or in part against such lien or obligation. The amount of such lien or obligation shall continue to be a charge or
lien upon the Lot or real estate and the beneficiaries of such trust notwithstanding any transfers of the
beneficial interest of any such trust or any transfers of title to such Lot.
6.05 Severability. Invalidation of any one of these covenants or restrictions by judgment or court
order shall in no way affect any other provision, and, all other provisions shall remain in full force and effect.
6.06 Headings. The headings contained in this Declaration are for reference purposes only and
shall not in any way affect the meaning or interpretation of this Declaration.
6.07 Notices. Any notice required or desired to be given under the provisions of this Declaration to
any Member, Owner, or any other person entitled to use the Storm Sewer System, or any part thereof, shall be
deemed to have been properly delivered when deposited in the United States mail, postage prepaid, directed to
the last known person who appears as a Member, Owner or other person entitled to notice, at the last known
address for each such person, all as shown on the books and records of the Association at the time such notice
is given.
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M
6.08 Rule Aeainst Perpetuities. If and to the extent that any of the covenants, restrictions, rights,
conditions, terms, provisions, etc. contained in this Declaration would otherwise be unlawful or void for
violation of (a) the rule against perpetuities, (b) the rule restricting restraints on alienation, or (c) any other
applicable statute or common law rule analogous thereto or otherwise imposing limitations upon the time for
which such covenants, restrictions, rights, conditions, tenns, provisions, etc. may be valid, then the covenant,
restriction, right, condition, term, provision, etc. concerned shall continue and endure only until the expiration
of a period of twenty-one (2 1 ) years after the death of the last to survive of the class of persons consisting of
all of the lawful descendants who are living at the date of this Declaration of Barack Obama, President of the
United States of America.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be signed this q day of
(% l 2016.
Declarant:
Samantha's Way, Inc., an Illinois corporation
BY:
STATE OF ILLINOIS )
)SS
COUNTY OF LAKE )
1, � I^4 T Go_ I aP► I-e— , a Notary Public in and for the County and
State aforesaid DO HEREBY CERTIFY, that A11 Ci e e (Islem 12 1 - personally known to
me to be thej+ of Samantha's Way, Inc., an Illinois corporation, appeared before me this
day in person and acknowledged that he signed and delivered the said instrurnent as his free and voluntary act,
and as the free and voluntary act of said limited liability company, for the uses and purposes therein set forth.
Given under my hand and notarial official seal, this Yday of .' 2016.
TTARY PUBLIC
Commission expires 6 5- l
THIS INSTRUMENT PREPARED BY:
Lawrence M. Freedman, Esq.
Ash, Anos, Freedman & Logan, L.L.C. 77
West Washington Street - Suite 1211
Chicago, IL 60602
OFFIC A(, SEAL
DEBRA J GAI ANTE
NQT*Y PUMIC - STATE OF 1T:LIWS
MY C�OI�IISSIQ[�1 E1�tE5;0:gslf6
15
E X141HIT A
Said property to be resubdivided is commonly known as JK Wilmot Resubdivision and is legally
described as follows:
BEING A RESUBDIVISION OF LOTS 147,148 AND 149 IN J.S. HOVLAND'S FIRST ADDITION
TO DEERFIELD, A SUBDIVISION OF PART OF THE SOUTHWEST '/ (EXCEPT THE
NORTHWEST '/ OF THE NORTHWEST V4 THEREOF) OF SECTION 32, TOWNSHIP 43 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID
SUBDIVISION RECORDED NOVEMBER 7, 1924, AS DOCUMENT 248380, IN BOOK "N" OF
PLATS, PAGE 56 IN LAKE COUNTY, ILLINOIS.
PLAT INFORMATION SHEET
Image# 054983820003 Type: PSB
Recorded: 04/18/2016 at 10:36:52 AM
Receipt#: 2016-00021879
Paqe 1 of 3
Fees: $68.00
IL Rental Housinq Fund: $0.00
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
File72 V 457 1
NUMBER OF PLAT PAGES
SECTION TOWNSHIP RANGE
LEGAL DESCRIPTION
CHECK (�) TYPE OF PLAT:
❑ ANNEXATION/DISCONNECTION
❑ CONDOMINIUM
❑ DEDICATION
❑ EASEMENT
❑ VACATION
❑ OTHER
SUBDIVISION (enter subdivision name on line below)
J,�
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
U:1Forms\Platlnfo\Plat Information Coversheet for Scanning.doc
Revised: February 22, 2007 12:00 PM
4
111 1— _�LLJ
VICINITY ,-,
NOT ID SCALE
as SET COMORE: MONUMENT
PF FOUND Ral ROD
BOUNDARY LNE
PROPOSED SETBACK LINE
PROPOSED LOT LINE
PROPOSED EASEMERI
..— NOUL1NG LOT NNE
RKHT OF MY UE/BOUIOARY ADJACENT LINE
AREA TABLE
LOT 1
11.265 SQ. FT./D.26 ACRES
LOT 2
11,294 SO. FT./O.26 ACRES
LOT 3
11.206 SQ. T./O.26 ACRES
LOT 4
11.650 SO. FT./O.27 ACRES
LOT 5
11.433 SQ. FT./0.26 ACRES
LCT 6
11.051 SQ. FT./J.25 ACRES
LOT 7
1..206 SQ. FT./O.26 ACRES
LOT 8
1, 53 SQ. FT./0.26 ACRES
R.O.W.
18, 23 SQ. FT./O.43 ACRES
TOTAL 109.081 SO. FT./2.51 ACRES
0
GENERAL NOTES:
1.) COMPARE ALL DISTANCES AND POINTS IN FIELD AND REPORT ANY DISCREPANCIES IN SAME
ID SURVEYOR AT ONCE.
2.) CA1L SIT ('COMMON GROUND AWANCE' NATIONAL UNDERGROUND UTILITY LOCATOR SERVICE)
FOR FIELD LOCATION OF UNDERGROUND UTILITY UNES PRIOR TO ANY DIGONG OR CONSTRUCRON.
1) NO DIMENSIONS SHOULD BE ASSUMED BY SCALING.
4.) FIELD WORK COMPLETED CN 04/14/2015.
S.) 5/8' IRON RODS WERE SET AT ALL LOT CORNERS AND POINTS OF CURVATURE, UNLESS OTHERWSE NOTED.
6.) DIMENSIONS SHOWN ALONG CURVES ARE ARC DISTANCES.
I
PLAT OF
JK WILMOT RESUBDIVISION
BEING A RESUBDINSION OF LOTS 147. 148 AND 149 IN J.S. HOVLAND'S FIRST ADDITION TO DEERFIELD. A SUMM90N OF PART OF THE SOUTHWEST 1/4 (EXCEPT THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4 THEREOF) OF SECTION 32, TOMNSHIP 43 NORTH. RANGE 12 EAST OF THE THIRD PRINCIPAL MUMAN. ACCORDING TO THE
PLAT OF SAID SUBDIVISION RECORDED NOVEMBER 7. 1924 AS DOCUMENT 248380. IN BOOK -N- OF PUTS. PAGE 56, IN LAKE COUNTY. IWNOIS.
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DRAINAGE EASEMENT
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—
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(NEREer DEDICATED) D2W45'37'
(vua/cI ClH-S0'30'47"W
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L
LAUFEL AVENUE
PROPERTY 14M NUMBERS
16-32-307-003 16-32-307-020
MAIL TO
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LAUFEL AVENUE
PROPERTY 14M NUMBERS
16-32-307-003 16-32-307-020
MAIL TO
a- VVAGEOFOEETTFLEID
51"t%Ep WO WAUKMW ROAD
gY DEMFIE LA 1LUNDIS MS
7ZS45-11
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1470 GORDON TERRACE
DEERFIELD. IL 60015
312-315-9419
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STATE OF I LINOIS )
SS.
caNn of �� )
THIS IS TO CERTIFY THAT SAMANTHA'S WAY, INC. IS (ARE) THE LEGAL OWNER(S) OF THE LAND DESCRIBED ON THE PLAT
HEREON DRAWN AND SHOWN STAKED AND PUTTED AS SHOWN HEREON FOR THE PURPOSE OF
HEREON AS $LIBDIN
HAVING THIS PLAT RECORDED AS PRONGED BY LAW.
ALSO, THIS IS TO CERTIFY THAT THE PROPERTY BEING SUBDIVIDED AFORESAID AND. TO THE BEST OF OWNER'S KNOWLEDGE
AND BELEF. SAID SUBDIVISION UES ENTIRELY WMIN THE LIMITS OF SCHOOL DISTRICTS: DEERFIELD PUBLIC SCHOOL DISTRICT
NOB AND TOWNSHP HIGH SCHOOL DISTRICT 113.
IN MIME FFEOF REUNDER SET NAND(5) AND SEAL(5) THIS DAY ON I1T� �l A¢McH AO. 20_jjV_.
Cjv W ,IL.
(TITLE)..
NOTARYS CERVICATE, IV6.Tn6- M.1U`ael L•�'" 1� W'
STATE OF IWNOIS )
) SS.
COUNTY OF"ke )
I.
0• l� T�_ - A NOTARY PUBLIC. IN AND FOR. SAID COUNTY. AND STATE AFORESAID.
DON Y CERTIFY THAT PERSONALLY KNOWN TO ME TO BE THE SAME PERSON(S) WHOSE NAME(S) SUBSCRIBED TO THE
FOREGOING INSTRUMENT AS SUCH OMER(S), APPEARED BEFORE 4E THIS DAY IN PERSON AND ACKNOWLEDGED THAT SIGNED
AND DEUVERED THE ANNEXED PUT AS OWN FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH.
I MDER NY H ID••MP
,AND OTARM SEAL THIS DAY OF A.D. 20-til AT
NOTARY PUBLIC
III DEBRA J G.NANTE
NOTlAYRARC STARE O LLWIDB
M ('pM.aBPICI1 RiF80E0YN
SUIIFAC E WATER STATEMENT
TO THE BEST OF OUR KNOWLEDGE AND BELIEF THE DRAINAGE OF SURFACE WATERS WILL NOT BE CHANGED BY ME
CONSTRUCTION OF SUCH SUBDIVISION OR ANY PART MEREOF. OR. MAT IF SUCH SURFACE WATER DRAINAGE WALL BE
CHANGED. REASONABLE PROVISION HAS BEEN MADE FOR COLLECTION AND DIVERSION OF SUCH SURFACE WATERS INTO
PUBLIC AREAS. OR DRAINS WHICH THE SUBDIVIDER HAS A RIGHT TO USE. AND MAT SUCH SURFACE WATERS WILL DE
PUNNED FOR IN ACCORDANCE WITH GENERALLY ACCEPTED ENGINEERING PRACTICES SO AS TO REDUCE THE LIKELIHOOD
OF DAMAGE TO THE ADJOINING PROPERTY BECAUSE OF ME CONSTRUCTION OF THE SUBDIVISION.
C11 _ zo
Mlsy(l 1,%4W.j(jjArtj
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MJMS RE S:i TEREW OWNER OR ATTORNEY FOR OWNEI+•
PROFESSIONAL ENGINEER
062 • o S°12t�
STA REd TRATION NUMBER
REGISTRATION EXPIRATION DATE
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FINAL PLAT OF
JK WILMOT RESUBDIVISION
BEING A RESUBDIVISION O' LOTS 147. 148 AND 149 IN J.S. HOAAND'S FIRST ADDITION TO DEERFIELD. A SUBDIVISION OF PART OF THE SOUTHWEST 1/4 (EXCEPT THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4 THEREOF) OF SECTION 32. TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
PLAT OF SAID SUBDIVISION RECORDED NOVEMBER 7, 1924 AS DOCUMENT 248380, IN BOOK 'N' OF PLATS. PAGE 56, IN LAKE COUNTY, IWNOIS.
WAAGE BOARD CMWICAIE
STATE OF IWNOIS )
S5.
COUNTY OF LAKE/COCK )
APPROVED THIS DAY OF 74 f'!aY4, A.D. 20 I�
By
NAME
ATTEST:
✓
NAME IrYI_
WAAGE ENGIMEM CERTIFICATE ;
STATE OF IWNOIS )
SS.
COUNTY OF LIKE/COON )
I, IVGESFIW w. AHILUPS _ _ VILLAGE ENGINEER FOR THE VILLAGE OF DEERFIELD. DO HEREBY CERTIFY
THAT THE ANNEXED PLAT HAS BEEN EXAMINED BY ME AND FOUND TO COMPLY WITH THE ENGINEERING REQUIREMENTS, AS SET
FORM IN NNE SUBDIVISION REGULATIONS OF LONG GROVE, ILLNOIS.
DATED THIS DAY OpFF 2.2— PARS 0 AD. 20 U
VILLAGE ENGNEER
DEERFIELDC•' E+fI MI III
M LAGE COUFCidE
STATE OF IWNOIS )
) SS
COUNTY OF LAKE/COOK j
•N:ENbEo I
R PNgFEBS!ONAL1
*T ENOI , a�
tlrN.-:S
I FIND NO DEFERRED INSTAUMEN7S OR OUTSTANDING UNPAID SPECIAL ASSESSMENTS AGAINST THE TRACT OF LAND INCLUDED
IN THE ANNEXED PLAT. Tv�
DATED [TH'IIS /.�fQ DAY OF ' `O-�G'� A.D. 20 l�
BY l/I^JSr
NAME S.� &k VILLAGE COLLECTOR
PLAN COMMISSION CERIFTCATG
STATE OF IWNOIS )
SS
COUNTY OF LAKE/COOK )
THIS IS TO CERTIFY THAT THE MEMBERS OF THE PUN COMMISSION HAVE RENEWED AND RECOMMENDED THIS PLAT TO THE
VILLAGE BOARD. ((���II1Jf��,,��
DATED THIS _L— DAI OF
.� N AD. 20-L(Il—.
BY �yAa_ . 1. ATTEST:--��+���
NAMEAMEfr+J=��
GR M SECRETARY
COUNTY QF/.G5 CLRT11F7CATE
STATE OF IWNOIS )
S5
COUNTY OF LAKE )
I. L b!L 4IVJ L��.i G��4 COUNTY CLERK OF LAKE COUNTY, ILLINCIS, DO HEREBY
CERTIFY THAT THERE ARE 0 DEUNQUENT GENERAL TAXES, UNPAID CURRENT GENERAL TAXES,
DELINQUENT SPECIAL ASSESSMENTS OR UNPAID SPECIAL ASSESSMENTS, NO UNPAID FORFEITED TAXES,
AND NO REDEEMABLE TAX SALES AGAINST ANY LAND INCLUDED IN THE PLAT.
I FURTHER CERTIFY THAT I HAVE RECEIVED ALL STATUTORY FEES IN CONNECTION WITH THE ANNEXED
PLAT.
GIVEN IJN�ER 4Y HANq AND SEAL OF A.D.
IC �ENiY OF LE. IWNOS, THIS DAY OF
(SEAL) F _ ,,f 1
RECOImE11"3."IWE f ` i♦;.
STATE OF ILLINdS f ) J
SS
COUNTY OF LAKE )
THIS INSTRUMENT NO. WAS FILED FOR RECORD IN THE RECORDER'S OFFICE
OF LAKE COUNTY AFORESAID ON THE MY OF A.D., 20_
AT O•CLOCK M
LAKE COUNTY RECORDER
y
1 b m�
18 f 20 H
W
STOM M 70 DRAINAGE EASID:QIT PR0WMAS
THE OBUGATIONS OF MAINTAINING STORMWATER DRAINAGE EASEMENT AND THE APPURTENANCES THERETO AS
DESCRIBED HEREON SHALL BE THAT OF THE OWNER, ENTITY OR SUCCESSORS AS ASSIGNS HOEING TITLE TO
STORMWATER DRAINAGE EASEMENT. HOWEVER, THE VILLAGE OF DEERFIELD SHALL HAVE THE RIGHT PURSUANT
TO THIS GRANT OF EASEMENT, BUT NOT THE OBUGATION, TO ENTER THE PREMISES DESCRIBED HEREON AS
(INSERT DESCRIPTION OF DETENTION/RETENTION FACILITY) AT ANY TIME IT DEEMS NECESSARY TO INSPECT,
REPAIR OR MAINTAIN DETENTION /RETENTION POND AND APPURTENANCES THERETO, WHICH THE OWNER OR
ASSOCIATION FAILS OR REFUSES TO MAINTAIN, FOLLOWING WRITTEN NOTICE TO 00 SO FROM THE VILLAGE. IN
THE EVENT OF PERFORMANCE BY THE VILLAGE OF DEERFIELD OR ITS AGENTS OF ANY SUCH REPAIR OR
MAINTENANCE WORK, THE COST THEREOF (INCLUDING BUT DIRECT AND INDIRECT COSTS) SHALL BE PAID BY
ME OWNER OR ASSOCIATION OR ME INDIVIDUAL MEMBERS OR SNARE HOLDERS OF THE ASSOCIATION AND
SHALL CONSTITUTE A UEN UPON THE ABOVE -DESCRIBED STORMWATER DRAINAGE EASEMENT AND THE
ADJACENT ENTIRE REAL ESTATE WHICH THE DETENTION POND AND APPURTENANCES SERVE. SUCH LIEN MAY
BE ENFORCED BY THE VILLAGE. WHICH MAY ALSO RECOVER ALL REASONABLE COSTS AND ATTORNEYS FEES
IN DOING SO, IN THE MANNER PROVIDED BY LAW ENFORCEMENT AND FORECLOSURE OF LIENS
PUBIC UTILITY EASEMENT PROVISIONS
AN EASEMENT IS HEREBY RESERVED AND GRANTEE) TO THE VILLAGE OF DEERFIELD AND TO THOSE PUBLIC
UTILITY COMPANIES OPERATING UNDER FRANCHISE FROM THE VILLAGE OF DEERFIELD INCLUDED BY NOT
UNITED TO 58C COMPANY, COMMONWEALTH EDISON COMPANY. COMCAST OF IWNOIS AND NORTH SHORE GAS
COMPANY AND THEIR SUCCESSORS AND/OR ASSIGNS FOR THE PERPETUAL RIGHT PRIVILEGE AND AUTHORITY
TO CONSTRUCT. RECONSTRUCT, REPAIR. REMOVE. INSPECT, MAINTAIN AND OPERATE VARIOUS UTILITY
TRANSMISSIONS AND DISTRIBUTION SYSTEMS INCLUDING BUT NOT LIMITED TO STORK AND/OR SANITARY
SEWERS TOGETHER WITH ANY AND ALL NECESSARY MANHOLES. CATCH BASINS, INLETS, VAULTS. ELECTRICAL
AND COMMUNICATIONS, CONDUITS, CABLES, WIRES, PEDESTALS, TRANSFORMERS, GAS MAINS. WATER LINES
MAY NECESSARY BY
R A$ BE DEEMED M EQUIPMENT MAID APPURTENANCES
NAR AND ALL OTHER AN APPURTENANCES
D
SAID VILLAGE OVER, UPON, UNDER R THROUGH SAID ANDINDICATEDUI EASEMENTS, TOGETHER WITH ABOVE
OR
ACCESS ACROSS NNE PROPERTY, LOON NECESSARY YEN AND EQUIPMENT B C ANY OF THE OVAL WORK.
LOCATIONS DEERFIELD, UTUn INSTALLATION WITHIN THE EASEMENT SHALL BE SUBJECT U iEC APPROVAL DI THE
VILLAGE ON AGOF AS TO DESIGN AND LOCATION. ALL INSTALLATIONS ARE SUBJECT TO THE ORDINANCES
IT THE VILLAGE OF DEERFIELD.RIGHT
RI SHALL INCLUDE THE RIGHT TO ENTER THE SUBDIVIDED PROPERTY FOR ALL SUCH , STRUCTURES
ESO THE
DEVIL NMWT ME DE TO CUD, TIM, ALTER OR REMOVE ANY VEGETATION, ROOTS, REQUIRED
INCIDENT
OR
DEVICES WHIN TEE DESIGNATED EASEMENT PROPERTY AS SAY BE REASONABLY REQUIREp INCIDENT TO THE
RIGHT HERON CR
WITHOUT WIT
t PRIOR WRITTEN ED OR PLACED OF GRANTEE, NO BUILDINGS, STRUCTURES, OE OTHER HER U BLIC STALL
BE CONSTRUCTED, PUNTED ORERUS IN ANY SUCH EASEMENT AREAS, SHEETS E OTHER PUBLIC WAYS
OR PLACES. NOR SHALL ANY OTHER USES BE MADE THEREOF WHICH WILL INTERFERE WITH EASEMENTS
RESERVED AND GRANTED HEREBY.
SUCH AND
PLACE SMALL SURVIVE THE VACATION T PROPER AUTHORITY EN ANY STREET ARE) OTHER PUBLIC
WAY AND PLACE SHOWN ON THIS PUT. UNLESS OTHERWISE EXPRESSLY MENTIONED IN AN ORDINANCE ON
VACATION.
7AaTVEfM AUTNOFZA710N To RECORD
I, ERIC W. BRAND. IWNOIS PROFESSIONAL LAND SURVEYOR NO. 035-3706, AN EMPLOYEE OF ATWELL
U.C. DO HEREBY AUTHORIZE AN EMPLOYEE OF ATWELL. ME VILLAGE OF DEERFIELD OR LAKE COUNTY TO
RECORD THIS PLAT.
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ERIC W. BRAND
ILLINCIS PROFESSIONAL LAND SURVEYOR NO. 035-3706
_ *: BRAND .k-
ATWELL. LLc
1245 E. OEHL ROAD
NAPERVILLE. IWNOIS 60563
- 035-"D6 -
NAPERVILLi.
IL -
YY UCENSE EXPIRES 11/30/2016
� .`
SURVEYORS CERTFICATE:
STATE OF IWNOIS )
) ss.
COUNTY OF DUPAGE )
1, ERIC W. BRAND. AN IWNOIS PROFESSIONAL LAND SURVEYOR NO. 035-3706, HEREBY CERTIFY THAT THIS
PLAT WAS MADE AT AND UNDER MY DIRECTION. FROM PUBLIC AND PRIVATE RECORD INFORMATION AND THIS
PLAT IS AN ACCURATE DEPICTION OF ME FOLLOWING DESCRIBED PROPERTY:
LOTS 147. 148 AND 149 IN J.S. HOVLAND'S FIRST ADDITION TO DEERFIELD. A SUBDIVISION OF PART OF THE
SOUTHWEST 1/4 (EXCEPT THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 THEREOF) OF SECTION 32. TOWNSHIP
43 NORTH. RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID SUBDIVISION
RECORDED NOVEMBER 7. 1924 AS DOCUMENT 245380. IN BOOK •N• OF PUTS, PAGE 56. IN LAKE COUNTY.
IWNOIS.
I FURTHER CERTIFY MAT TH -E ATTACHED PLAT IS A TRUE AND CORRECT REPRESENTATION OF SAID SURVEY
ANO SUBDIVISION, ALL DISTANCES SHOWN IN FEET AND DECIMALS PARTS THEREOF. THAT THE PROPERTY
HEREON SHOWN AND DESCRIBED IS WITHIN THE CORPORATE LIMITS OF ME VILLAGE OF DEERFIELD. LAKE
COUNTY. ILLINOIS
I FURTHER CERTIFY THAT ACCORDING TO ME FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE
RATE MAP FOR LAKE COUNTY IWNdS AND INCORPORATED AREAS HAVING MAP NUMBER 17097CO286K WIM
AN EFFECTIVE DATE OF SEPTEMBER 18. 2013, THE SUBJECT PROPERTY UES WITHIN 'ZONE X. AREAS
DETERMINED TO BE OUTSIDE ME 0.2% ANNUAL CHANCE ROOOPWN.
GIVEN UNDER MY HAND AND SEAL THIS DAY 11 OF MARCH, A.D. 2016
�(/,
' t.. •
' y: ERIC
W.
ERIC W. BRAND - BRAND
IWNOI$ PROFESSIONAL LAND SURVEYOR NO. 035-3706035-3706
ATWELL. LLC 4433VV NAPERNUE
1245 E DIEHL ROAD "•A••• IL
NAPERNLLE. IWNO$ 60563 <^
=
MY LICENSE EXPIRES 11/30/2016 �;�/ ' ' ••
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