1985-044ORDINANCE NO. 85-44
AN ORDINANCE establishing Special Service
Area Number Three of the Village of Buffalo
Grove, Cook and Lake Counties, Illinois.
WHEREAS, pursuant to the provisions of Section 6(a) of
Article VII of the 1970 Constitution of the State of Illinois (the
"Constitution "), the Village of Buffalo Grove, Cook and Lake
Counties, Illinois (the "Village "), has elected by referendum to
become a home rule unit; and
WHEREAS, special service areas are established by home
rule units pursuant to Part (2) of Section 6(1) of Article VII
of the Constitution, which provides:
The General Assembly may not deny or limit the
power of home rule units . . . (2) to levy or
impose additional taxes upon areas within their
boundaries in the manner provided by law for
the provision of special services to those areas
and for the payment of debt incurred in order to
provide those special services.
and are established pursuant to the provisions of "AN ACT to
provide the manner of levying or imposing taxes for the provision
of special services to areas within the boundaries of home rule
units and non -home rule municipalities and counties," approved
September 21, 1973, as amended (the "Act "), and pursuant to the
provisions of the Revenue Act of 1939 of the State of Illinois,
as amended; and
WHEREAS, it is in the public interest that the area
hereinafter described be established as Special Service Area Number
0
Three of the Village for the purpose set forth herein (the "Area ");
and
WHEREAS, the Area is compact and contiguous and is
totally within the corporate limits of the Village; and
WHEREAS, the Area will benefit specially from the
municipal services to be provided (the "Services "), and the Ser-
vices are unique and in addition to municipal services provided to
the Village as a whole and it is, therefore, in the best interests
of the Village that the Area be established; and
WHEREAS, it has heretofore been and it is hereby esti-
mated that the cost of providing the Services will be $3,100,000;
and
WHEREAS, it is in the public interest that bonds in
not to exceed the amount of $3,100,000 and secured by the full
faith and credit of the Area be issued for the purpose of paying
the cost of providing the Services (the "Bonds "); and
WHEREAS, the Bonds shall be retired over a period not
to exceed 20 years from the issuance thereof and shall bear
interest at a rate or rates not to exceed 15% per annum; and
WHEREAS, the Bonds shall be retired by the levy of a
direct annual tax sufficient to pay the interest on the Bonds as
the same comes due and to discharge the principal thereof at
maturity; and
WHEREAS, said direct annual tax shall be levied upon
all taxable property within the Area for said period of not to
exceed 20 years and shall be unlimited as to rate or amount and
in addition to all other taxes permitted by law; and
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e t . •
WHEREAS, the establishment of the Area was proposed by
the President and Board of Trustees of the Village (the "Board ")
pursuant to Ordinance No. &5-42 entitled:
AN ORDINANCE proposing the establishment
of Special Service Area Number Three
of the Village of Buffalo Grove, Cook
and Lake Counties, Illinois, and the
issuance of bonds to the amount of
$3,100,000 for the purpose of paying
the cost of providing special services
in and for such Area.
duly adopted on the 15th day of July, 1985, and was considered
at a public hearing held on the 5th day of August, 1985, by the
Board (the "Hearing "); and
WHEREAS, notice of the Hearing was given by publication
at least once not less than fifteen (15) days prior to the Hearing
in The Buffalo Grove Daily Herald, the same being a newspaper
published in and of general circulation within the Village; and
WHEREAS, mailed notice of the Hearing was given by
depositing notice in the United States mails addressed to the
person or persons in whose name the general taxes for the last
preceding year were paid on each lot, block, tract or parcel of
land lying within the Area not less than ten (10) days prior to
the time set for the Hearing, and in the event taxes for the
last preceding year were not paid, the notice was sent to the
person last listed on the tax rolls prior to that year as the
owner of said property; and
WHEREAS, said notice complied with all of the applicable
provisions and requirements of the Act; and
-3-
WHEREAS, the Hearing was held on the 5th day of August,
1985, and all interested persons affected by the establishment
of the Area or the issuance of the Bonds and the levy of the tax
to pay the Bonds, including all owners of real estate located
within the Area, were given an opportunity to be heard at the
Hearing regarding the establishment of the Area and the issuance
of the Bonds and the levy of said tax and an opportunity to file
objections to the establishment of the Area or the issuance of
the Bonds and the levy of said tax; and
WHEREAS, at the Hearing, all interested persons affected
by the Area were permitted to file with the Village Clerk of the
Village written objections to and to be heard orally in respect
to any issue embodied in the notice given of the Hearing; and
WHEREAS, the Board has heard and considered all of the
comments, objections, protests and statements made with regard
to the Area and the Bonds and has determined and does hereby
determine that it is in the public interest and in the interest
of the Village and the Area that the Area be established:
NOW, THEREFORE, Be It Ordained by the President and Board
of Trustees of the Village of Buffalo Grove, Cook and Lake Counties,
Illinois, as follows:
Section 1. That the preambles of this ordinance are
hereby incorporated into this text as if set out herein in full.
Section 2. That the Hearing was finally adjourned on
the 5th day of August, 1985.
Section 3. That there have been no protests and objec-
tions to the establishment of the Area or the issuance of the Bonds.
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Section 4. That Special Service Area Number Three of
the Village is hereby established in and for the Village and
shall consist of the following described territory:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 43 NORTH, RANGE
11, EAST OF THE 3RD PRINCIPAL MERIDIAN AND A PART OF COLUMBIAN GARDENS UNIT
2; BEING A SUBDIVISION IN PART OF THE AFORESAID SECTION ACCORDING TO THE'
PLAT THEROF RECORDED AS DOCUMENT 282352, SAID PARCEL BEING DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID COLUMBIAN GARDENS UNIT
2 (SAID POINT BEING IN THE CENTERLINE OF MILWAUKEE AVENUE); THENCE
EASTERLY ALONG THE SOUTHERLY LINE OF SAID COLUMBIAN GARDENS UNIT 2 TO THE
EASTERLY LINE OF SAID MILWAUKEE AVENUE; THENCE NORTHERLY ALONG THE EASTERLY
LINE OF SAID MILWAUKEE AVENUE TO THE NORTHERLY LINE OF MARQUETTE PLACE IN
SAID COLUMBIAN GARDENS UNIT 2; THENCE EASTERLY-ALONG SAID NORTHERLY LINE
AND ITS EASTERLY EXTENSION TO THE -EASTERLY LINE OF LONG BEACH DRIVE; THENCE
SOUTHERLY, EASTERLY AND SOUTHERLY ALONG THE EASTERLY, NORTHERLY AND
EASTERLY LINES OF SAID LONG BEACH DRIVE TO THE EASTERLY EXTENSION OF THE
SOUTHERLY LINE OF BLOCK -10 IN SAID COLUMBIAN GARDENS UNIT 2; THENCE
WESTERLY ALONG SAID SOUTH LINE TO A POINT WHICH IS NORTH 00 DEGREES 00
MINUTES EAST FROM A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 35 WHICH IS 950.0 FEET EAST FROM ITS INTERSECTION WITH THE
CENTER LINE OF SAID MILWAUKEE AVENUE; THENCE SOUTH 00 DEGREES 00 MINUTES
EAST TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 35; THENCE WEST
ALONG SAID SOUTH LINE 950.0 FEET TO THE CENTER LINE OF SAID MILWAUKEE
AVENUE; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE POINT OF BEGINNING
(EXCEPT THAT PART FALLING IN MILWAUKEE AVENUE AND LAKE -COOK ROAD) AND
(EXCEPT LOT 11 IN BLOCK 10 AND (LOT 7 IN BLOCK 9'IN SAID COLUMBIAN GARDENS
UNIT 2) IN LAKE COUNTY, ILLINOI .
-5-
Area being o and made a
An accurate map of �e A g attached her a
part hereof.
Section 5. That the purpose of the establishment of
the Area is to provide the Services to the Area, including the
construction of sewer and water improvements, streets, curbs,
water distribution system and facilities, street lights, storm
water retention lakes and landscaping, fire protection and design
engineering /surveying, all of the Services to be in and for the
Area and all of said construction to be on existing public property
or property to be acquired by the Village for such purpose.
Section 6. That the Bonds in not to exceed the amount
of $3,100,000 and secured by the full faith and credit of the Area
are authorized to pay the cost of the Services, and the Bonds
shall be retired over a period of not to exceed 20 years from
the issuance thereof and shall bear interest at a rate or rates
not to exceed 15% per annum, and the Bonds, if issued, shall be
retired by the levy of a direct annual tax sufficient to pay the
principal and interest thereon, said tax to be levied upon all
the taxable property within the Area for said period of not to
exceed 20 years and to be unlimited as to rate or amount and in
addition to all other taxes permitted by law.
Section 7. That if a petition signed by at least 51%
of the electors residing within the Area and by at least 51% of
the owners of record of the land included within the boundaries
of the Area is filed with the Village Clerk of the Village within
60 days following the final adjournment of the Hearing objecting
to the creation of the Area, the levy or imposition of a tax or
the issuance of the Bonds for the provision of the Services to
the Area, or to a proposed increase in the tax rate, no such
Area may be created, or tax may be levied or imposed nor the
rate increased, or no such Bonds may be issued.
Section 8. That all ordinances, orders and resolutions
and parts thereof in conflict herewith be and the same are hereby
repealed, and that this ordinance be in full force and effect
forthwith upon its adoption and approval as provided by law.
Adopted August 5, 1985.
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYS: 0 - None
ABSENT: 2 - O'Reilly, Shields
Approved August 5, 1985.
President, Village of uffalo
Grove, Cook and Lake ounties,
Illinois
Attest:
. - �.
Village r lelem, Village of Buffalo
Grove, Cook and Lake Counties,
Illinois
Recorded in the Village Records on August 5, 1985.
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r�
MINUTES of a regular public meeting
of the President and Board of Trustees
of the Village of Buffalo Grove, Cook
and Lake Counties, Illinois, held at
50 Raupp Boulevard, Buffalo Grove,
Illinois, in said Village at 7:30 o'clock
P.M., on the 5th day of August, 1985.
The President called the meeting to order and directed the
Village Clerk to call the roll.
Upon roll call, the following answered present:
Verna L. Clayton , the President, and Trustee: Marienthal, Glover,
Reid, Kowalski
The following Trustees were absent:
O'Reilly, Shields
Trustee Marienthal presented a ^a the `Ti 11 Ro_ r, AW
.rpac3 i_n full the following ordinance:
r •
Trustee Marienthal moved and Trustee
Glover seconded the motion that said ordinance as
presented and read by the Village Clerk be adopted.
After a full discussion thereof, the President directed
that the roll be called for a vote upon the motion to adopt said
ordinance as read.
Upon the roll being called, the following Trustees
voted AYE • Marienthal, Glover, Reid, Kowalski
The following Trustees voted NAY: NONE
ABSENT: O'Reilly, Shields
Whereupon the President declared the motion carried and
said ordinance adopted, approved and signed the same in open
meeting and directed the Village Clerk to record the same in full in
the records of the President and Board of Trustees of the Village
of Buffalo Grove, Cook and Lake Counties, Illinois, which was
done.
Other business not pertinent to the adoption of said
ordinance was duly transacted at the meeting.
Upon motion duly made, seconded and carried, the meeting
was adjourned.
Village Clerk pro Tem
STATE OF ILLINOIS )
SS
COUNTY OF COOK )
CERTIFICATION OF MINUTES
I, the undersigned, do hereby certify that I am the
duly qualified and acting Village Clerk of the Village of Buffalo
Grove, Cook and Lake Counties, Illinois (the "Village "), and
that as such official I am the keeper of the records and files
of the President and Board of Trustees of the Village (the "Board ").
I do further certify that the foregoing is a full, true
and complete transcript of that portion of the minutes of the
meeting of the Board held on the 5th day of August 1985, insofar
as same relates to the adoption of Ordinance No. 85'44 entitled:
AN ORDINANCE establishing Special Service
Area Number Three of the Village of Buffalo
Grove, Cook and Lake Counties, Illinois.
a true, correct and complete copy of which said ordinance as
adopted at said meeting appears in the foregoing transcript of
the minutes of said meeting.
I do further certify that the deliberations of the
Board on the adoption of said ordinance were conducted openly,
that the vote on the adoption of said ordinance was taken openly,
that said meeting was held at a specified time and place convenient
to the public, that notice of said meeting was duly given to all
newspapers, radio or television stations and other news media
requesting such notice, that said meeting was called and held in
strict compliance with the provisions of the Open Meetings Act of
the State of Illinois, as amended, and "AN ACT to provide the manner
of levying or imposing taxes for the provision of special services
to areas within the boundaries of home rule units and non -home
rule municipalities and counties," approved September 21, 1973,
as amended, and that the Board has complied with all of the
provisions of said Acts and with all of the procedural rules of
the Board.
IN WITNESS WHEREOF, I hereunto affix my official signature
and the seal of the Village, this 5th day of August , 1985.
Village Clerk Pro Tem
(SEAL)
F7 I
To: William R. Balling
From: William H. Brimm
Date: August 1, 1985
Subject: Delice de France -
Industrial Revenue Bond
ITEM XII. (G)
Attached, please find a Resolution for consideration by the President and
Board of Trustees authorizing the execution of the Third Amenendment to the
Memorandum of Agreement for the Delice de France Industrial Revenue Bond
application. This amendment, as with the prior two, extends at the request
of the applicant the closing date of the bond until September 17, 1985.
General Provision 4(a) of the Agreement permits the applicant to request
such an extension to a date that shall be mutually satisfactory to the Village
(issuer) and Delice de France(Company).
The applicants request for the current extension is due to time constraints
placed on the entire process relative to the final financial and lending
details of the bonding. I have spoken with Mr. John Winand, attroney for the
applicant, and he has stated that financial details are now set, that the applic-
ant is ready to submit final plans in order to obtain Village permits, and that
ground will be broken for the construction in August for and early -1986 com-
pletion. Despite the delays, the applicant has remained in constant contact
with staff on this issue in order to assure the Village that the issue will move
foreward to completion and that a situation similiar to the aborted Richco, Inc.
of 1984 will not re- occur.
LA) Q-4 A 4
William H. Brimm
{ r
ORDINANCE NO. 85-44 '
AN ORDINANCE establishing Special Service
Area Number Three of the Village of Buffalo
Grove., Cook and Lake Counties, Illinois.
WHEREAS, pursuant to the provisions of Section 6(a) of
Article VII of the 1970 Constitution of the State of Illinois (the
"Constitution "), the Village of Buffalo Grove, Cook and Lake
Counties, Illinois (the "Village "), has elected by referendum to
become a home rule unit; and
WHEREAS, special service areas are established by home
rule units pursuant to Part (2) of Section 6(1) of Article VII
of the Constitution, which provides:
The General Assembly may not deny or limit the
power of home rule units . . . (2) to levy or
impose additional taxes upon areas within their
boundaries in the manner provided by law for
the provision of special services to those areas
and for the payment of debt incurred in order to
provide those special services.
and are established pursuant to the provisions of "AN ACT to
provide the manner of levying or imposing taxes for the provision
of special services to areas within the boundaries of home rule
units and non -home rule municipalities and counties," approved
September 21, 1973, as amended (the "Act "), and pursuant to the
provisions of the Revenue Act of 1939 of the State of Illinois,
as amended; and
WHEREAS, it is in the public interest that the area
hereinafter described be established as Special Service Area Number
Three of the Village for the purpose set forth herein (the "Area ");
and
WHEREAS, the Area is compact and contiguous and is
totally within the corporate limits of the Village; and
WHEREAS, the Area will benefit specially from the
municipal services to be provided (the "Services "), and the Ser-
vices are unique and in addition to municipal services provided to
the Village as a whole and it is, therefore, in the best interests
of the Village that the Area be established; and
WHEREAS, it has heretofore been and it is hereby esti-
mated that the cost of providing the Services will be $3,100,000;
and
WHEREAS, it is in the public interest that bonds in
not to exceed the amount of $3,100,000 and secured by the full
faith and credit of the Area be issued for the purpose of paying
the cost of providing the Services (the "Bonds "); and
WHEREAS, the Bonds shall be retired over a period not
to exceed 20 years from the issuance thereof and shall bear
interest at a rate or rates not to exceed 15% per annum; and
WHEREAS, the Bonds shall be retired by the levy of a
direct annual tax sufficient to pay the interest on the Bonds as
the same comes due and to discharge the principal thereof at
maturity; and
WHEREAS, said direct annual tax shall be levied upon
all taxable property within the Area for said period of not to
exceed 20 years and shall be unlimited as to rate or amount and
in addition to all other taxes permitted by law; and
-2-
WHEREAS, the establishment of the Area was proposed by
the President and Board of Trustees of the Village (the "Board ")
pursuant to Ordinance No. 85 -42 entitled:
AN ORDINANCE proposing the establishment
of Special Service Area Number Three
of the Village of Buffalo Grove, Cook
and Lake Counties, Illinois, and the
issuance of bonds to the amount of
$3,100,000 for the purpose of paying
the cost of providing special services
in and for such Area.
duly adopted on the 15th day of July, 1985, and was considered
at a public hearing held on the 5th day of August, 1985, by the
Board (the "Hearing "); and
WHEREAS, notice of the Hearing was given by publication
at least once not less than fifteen (15) days prior to the Hearing
in The Buffalo Grove Daily Herald, the same being a newspaper
published in and of general circulation within the Village; and
WHEREAS, mailed notice of the Hearing was given by
depositing notice in the United States mails addressed to the
person or persons in whose name the general taxes for the last
preceding year were paid on each lot, block, tract or parcel of
land lying within the Area not less than ten (10) days prior to
the time set for the Hearing, and in the event taxes for the
last preceding year were not paid, the notice was sent to the
person last listed on the tax rolls prior to that year as the
owner of said property; and
WHEREAS, said notice complied with all of the applicable
provisions and requirements of the Act; and
-3-
1. WHEREAS, the Hearing was held on the 5th day of August,
1985, and all interested persons affected by the establishment
of the Area or the issuance of the Bonds and the levy of the tax
to pay the Bonds, including all owners of real estate located
within the Area, were given an opportunity to be heard at the
Hearing regarding the establishment of the Area and the issuance
of the Bonds and the levy of said tax and an opportunity to file
objections to the establishment of the Area or the issuance of
the Bonds and the levy of said tax; and
WHEREAS, at the Hearing, all interested persons affected
by the Area were permitted to file with the Village Clerk of the
Village written objections to and to be heard orally in respect
to any issue embodied in the notice given of the Hearing; and
WHEREAS, the Board has heard and considered all of the
comments, objections, protests and statements made with regard
to the Area and the Bonds and has determined and does hereby
determine that it is in the public interest and in the interest
of the Village and the Area that the Area be established:
NOW, THEREFORE, Be It Ordained by the President and Board
of Trustees of the Village of Buffalo Grove, Cook and Lake Counties,
Illinois, as follows:
Section 1. That the preambles of this ordinance are
hereby incorporated into this text as if set out herein in full.
Section 2. That the Hearing was finally adjourned on
the 5th day of August, 1985.
Section 3. That there have been no protests and objec-
tions to the establishment of the Area or the issuance of the Bonds.
Section 4. That Special Service Area Number Three of
the Village is hereby established in and for the Village and
shall consist of the following described territory:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 43 NORTH, RANGE
11, EAST OF THE 3RD PRINCIPAL MERIDIAN AND A PART OF COLUMBIAN GARDENS UNIT
2; BEING A SUBDIVISION IN PART OF THE AFORESAID SECTION ACCORDING TO THE
PLAT THEROF RECORDED AS DOCUMENT 282352, SAID PARCEL BEING DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID COLUMBIAN GARDENS UNIT
2 (SAID POINT BEING IN THE CENTERLINE OF MILWAUKEE AVENUE); THENCE
EASTERLY ALONG THE SOUTHERLY LINE OF SAID COLUMBIAN GARDENS UNIT 2 TO THE
EASTERLY LINE OF SAID MILWAUKEE AVENUE; THENCE NORTHERLY ALONG THE EASTERLY
LINE OF SAID MILWAUKEE AVENUE TO THE NORTHERLY LINE OF MARQUETTE PLACE IN
SAID COLUMBIAN GARDENS UNIT 2; THENCE EASTERLY.ALONG SAID NORTHERLY LINE
AND ITS EASTERLY EXTENSION TO THE---EASTERLY LINE OF LONG BEACH DRIVE; THENCE
SOUTHERLY, EASTERLY AND SOUTHERLY ALONG THE EASTERLY, NORTHERLY AND
EASTERLY LINES OF SAID LONG BEACH DRIVE TO THE EASTERLY EXTENSION OF THE
SOUTHERLY LINE OF BLOCK 10 IN SAID COLUMBIAN GARDENS UNIT 2; THENCE
WESTERLY ALONG SAID SOUTH LINE TO A POINT WHICH IS NORTH 00 DEGREES 00
MINUTES EAST FROM A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 35 WHICH IS 950.0 FEET EAST FROM ITS INTERSECTION WITH THE
CENTER LINE OF SAID MILWAUKEE AVENUE; THENCE SOUTH 00 DEGREES 00 MINUTES
EAST TO THE SOUTH LINE'OF SAID SOUTHEAST QUARTER OF SECTION 35; THENCE WEST
ALONG SAID SOUTH LINE 950.0 FEET TO THE CENTER LINE OF SAID MILWAUKEE
AVENUE; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE POINT OF BEGINNING
(EXCEPT THAT PART FALLING IN MILWAUKEE AVENUE AND LAKE -COOK ROAD) AND
(EXCEPT LOT 11 IN BLOCK 10 AND�LOT 7 IN BLOCK 91IN SAID COLUMBIAN GARDENS
UNIT 2) IN LAKE COUNTY, ILLINOIS.
-5-
An accurate map of the Area being attached hereto and made a
part hereof.
Section 5. That the purpose of the establishment of
the Area is to provide the Services to the Area, including the
construction_ of sewer and water improvements, streets, curbs,
water distribution system and facilities, street lights, storm
water retention lakes and landscaping, fire protection and design
engineering /surveying, all of the Services to be in and for the
Area and all of said construction to be on existing public property
or property to be acquired by the Village for such purpose.
Section. 6. That the Bonds in not to exceed the amount
of $3,100,000 and secured by the full faith and credit of the Area
are authorized to pay the cost of the Services, and the Bonds
shall be retired over a period of not to exceed 20 years from
the issuance thereof and shall bear interest at a rate or rates
not to exceed 15% per annum, and the Bonds, if issued, shall be
retired by the levy of a direct annual tax sufficient to pay the
principal and interest thereon, said tax to be levied upon all
the taxable property within the Area for said period of not to
exceed 20 years and to be unlimited as to rate or amount and in
addition to all other taxes permitted by law.
Section 7. That if a petition signed by at least 51%
of the electors residing within the Area and by at least 51% of
the owners of record of the land included within the boundaries
of the Area is filed with the Village Clerk of the Village within
60 days following the final adjournment of the Hearing objecting
to the creation of the Area, the levy or imposition of a tax or
I.
the issuance of the Bonds for the provision of the Services to
the Area, or to a proposed increase in the tax rate, no such
Area may be created, or tax may be levied or imposed nor the
rate increased, or no such Bonds may be issued.
Section 8. That all ordinances, orders and resolutions
and parts thereof in conflict herewith be and the same are hereby
repealed, and that this ordinance be in full force and effect
forthwith upon its adoption and approval as provided by law.
Adopted August 5, 1985.
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYS: 0 - Nnne
ABSENT: 2 - O'Reilly, Shields
Approved August 5, 1985.
President, Village of uffalo
Grove, Cook and Lake ounties,
Illinois
Attest
Village r lelrrkk
p , Village of Buffalo
em
Grove, Cook and Lake Counties,.
Illinois
Recorded in the Village Records on August 5, 1985.
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