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2014-02-24 - Ordinance 2014-018 - APPROVING AN ANNEXATION AGREEMENT FOR HOFFMANN PROPERTY7/ WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, there has heretofore been submitted to the Corporate Authorities of the Village of Buffalo Grove a petition to annex the property legally described in Exhibit A hereto; WHEREAS, there has been submitted to the Corporate Authorities of the Village of Buffalo Grove an Annexation Agreement; and, WHEREAS, proper and due notice of the public hearing concerning said Annexation Agreement and zoning have been given and the public hearing was held; and, WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to approve said Annexation Agreement. THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. The Annexation Agreement, a copy of which is attached hereto and made a part hereof as Exhibit A, is approved. Section 2. The President and Clerk of the Village are hereby authorized to execute said Agreement on behalf of the Village of Buffalo Grove. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. W AYES: 6 — Berman. Trilling, Sussman, Terson. Stein. Ottenheimer NAYS: 0 — None ABSENT: 0 — None PASSED: February 24, 2014 APPROVED: February 24, 2014 F-Al I I T: APPROVED: Village Clerk effr" �raiman, Village President This document was prepared by: Robert E. Pfeil, Village Planner, Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 2/24/2014 ANNEXATION AGREEMENT The Hoffmann property, 22140 N. Prairie Road Pulte Homes Easthaven subdivision and Hoffmann Farmstead parcels This agreement (hereinafter referred to as the "Agreement ") made and entered into this 24th day of February, 2014, by and between the VILLAGE OF BUFFALO GROVE (hereinafter referred to as "Village ") by and through the President and Board of Trustees of the Village (hereinafter collectively referred to as the "Corporate Authorities ") and Chicago Title Land Trust Company, as Trustee under Trust Agreement dated January 20, 1966 and known as Trust No. 40000231 (hereinafter referred to as "Owner ") and Pulte Home Corporation (hereinafter referred to as "Developer "). W ITN ESSETH: WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and, WHEREAS, Owner is the owner of a certain tract of property (hereinafter referred to as the "Property ") comprising 19.44 acres legally described and identified in the Legal Description, attached hereto as EXHIBIT A and made a part hereof, and which real estate is contiguous to the corporate limits of the Village; and, WHEREAS, a Plat of Annexation is attached hereto as EXHIBIT B, which depicts a total area of 19.44 acres to be annexed; and, WHEREAS, Owner and Developer desire and propose pursuant to the provisions and regulations applicable to the R -3A One- Family Dwelling District of the Village Zoning Ordinance to develop the Property in accordance with and pursuant to a certain Preliminary Plan prepared by Willis Burke Kelsey Associates Ltd and dated as last revised November 25, 2013, and also a certain Preliminary Engineering Plan prepared by Spaceco Inc. and dated as last revised October 2, 2013, (hereinafter jointly referred to as "Preliminary Plan ") a copy of which Preliminary Plan is attached hereto as EXHIBITS D and E, and incorporated herein, and subject to all other N exhibits attached hereto or incorporated by reference herein. Said development of the Property shall consist of 38 single-family houses to be constructed by the Developer, and maintenance of a single-family house and other buildings and structures on the portion of the Property referred 10 herein as the "Farmstead Parce|s" (located on proposed Lot 39 an Lot 4Oas depicted on EXHIBIT D). WHEREAS, pursuant to the provisions of Section 5/11-15.1'1 et seq., of the Illinois Municipal Code (65 |L[S 5/11-15.1,1 etseq.) and as the same may have been modified by the Village's Horne Rule powers, a proposed Annexation Agreement was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by Statute; and, WHEREAS, pursuant to due notice and advertisement, the Plan Commission of the Village has held a public hearing and made its recommendations with respect to the requested zoning classification in the R-3A One-Family Dwelling District and variations of the Village Zoning Ordinance; and, WHEREAS, the President and Board ofTrustees after due and careful consideration have concluded that the annexation of the Property to the Village and its zoning and development on the terms and conditions herein set forth would further enable the Village to control the development nf the area and would serve the best interests of the Village. NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements herein set forth, the parties hereto agree asfollows: 1. Applicable Law. This Agreement is made pursuant to and in accordance with the provisions of Section 5/11-15.1'1 etseq., of the Illinois Municipal [ode /65 |LCS 5/11'15.1'1 pt seq.) and as the same may have been modified by the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Agreement. 2. The Owner has filed with the Village Clerk of the Village a proper petition pursuant to and in accordance with the provisions of Section 5/7'1'8 of the Illinois Municipal Code (65 |L[S 5/7'1-8) and as the same may have been modified by the Village's Home Rule powers, conditioned on the execution of this Agreement ] and the compliance with the terms and provisions contained herein, to annex the Property to the Village. It is understood and agreed that this Agreement in its entirety, together with the aforesaid petition for annexation, shall be null, void and of no force and effect unless the Property is validly annexed to the Village and is validly zoned and classified in the R-3A[>ne- Farni|y Dwelling District, all as contemplated in this Agreement. Except as set forth in Section 28 hereof, no portion of the Property shall be disconnected from the Village without the prior written consent of its Corporate Authorities. 3. Enactment of Annexation Ordinance, The Corporate Authorities, within twenty- one (31) days of the execution of this Agreement by the Village, will enact an ordinance (hereinafter referred to as the "Annexation Ordinance") annexing the Property to the Village. Said Annexation Ordinance shall be recorded at the Lake County Recorder's Office along with the Plat of Annexation (attached hereto as EXHIBIT B). 4. Enactment of Zoning Ordinance. Within twenty-one (21) days after the passage of the Annexation Ordinance, the Corporate Authorities shall enact an ordinance zoning the Property in the R3A One-Family Dwelling District subject tothe restrictions further contained herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to time. Said zoning shall be further conditioned on the development of the Property in accordance with the Preliminary Plan (EXHIBITS D and E) and other exhibits attached hereto or incorporated by reference herein. 5. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plan (EXHIBITS D and E) pursuant to the provisions of the Development Ordinance. The Corporate Authorities agree to approve a Development Plan (including plats of subdivision) based on final versions of the plans and drawings of the development of the Property as submitted by the Owner or Developer provided that the Development Plan shall: A. conform to the approved Preliminary Plan, and B. conform to the terms of this Agreement and all applicable Village Ordinances as amended from time to time; and C. conform to the approved Development Improvement Agreement as El amended from time to time. 6. Compliance with Applicable Ordinances. The Owner and Developer agree to comply with all ordinances of the Village of Buffalo Grove as amended from time to time in the development of the Property, provided that all new ordinances, amendments, rules and regulations relating to zoning, building and subdivision of land adopted after the date of this Agreement shall not be arbitrarily or discriminatorily applied to the Property but shall be equally applicable to all property similarly zoned and situated to the extent possible. Owner and Developer, in the development of the Property, shall comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as amended from time to time. Notwithstanding the foregoing, the Village shall not apply new ordinances or regulations to the Property to the extent that the ordinances or regulations would prevent development of the Preliminary Plan approved herein or change the Farmstead Provisions provided hereinafter in Section 31.E. 7. Amendment of Plan. If the Owner or Developer desires to make changes to to the Preliminary Plan, as herein approved, the parties agree that such changes to the Preliminary Plan will require, if the Village so determines, the submission of amended plats or plans, together with proper supporting documentation, to the Plan Commission and /or the Corporate Authorities to consider such changes to the Preliminary Plan. The Corporate Authorities may, in their sole discretion, require additional public hearings and may review the commitments of record contained in this Agreement, including, but not limited to fees, prior to final consideration of any change to the Preliminary Plan. The Village Manager is hereby authorized to approve such minor changes as he deems appropriate. 8. Building Permit Fees. The building permit fees may be increased from time to time so long as said permit fees are applied consistently to all other developments in the Village to the extent possible. In the event a conflict arises between the Owner or Developer and the Village on any engineering and technical matters subject to this Agreement, the Village reserves the right to pass along any and all additional expenses incurred by the use of consultants in the review and inspection of the development from time to time. Owner or Developer shall pay 5 any non-discriminatory new or additional fees hereinafter charged by the Village to owners and developers of properties within the Village. 3. Water Provision. The Owner and Developer shall be permitted and agree totap on to the Village water system at points recommended by the Village Engineer which points to the extent shown on EXHIBIT E are hereby approved by the Village. It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. The Owner and Developer further agree to pay to the Village such fees in accordance with the applicable Village Ordinances at the time of the issuance of the water and sewer permits. The Owner and Developer agree to accept any increase in water rates and tap on fees provided such rates and fees apply consistently to all other similar users in the Village to the extent possible. Following such tap on, the Village agrees to provide tothe best ofits ability and in a non-discriminatory manner water service to all users on the Property in accordance with the Preliminary Plan. VVa1ernnains serving the Property and those approved as part of the development shall be installed by the Developer and, except for service connections to the buildings shall, upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, be dedicated to the Village and become a part of the Village water system maintained by the Village. lO. Storm and Sanitary Sewer Provisions. A. The Corporate Authorities agree to cooperate with the Developer and to use their best efforts toaid Developer in obtaining such permits from governmental agencies having jurisdiction as may be necessary to authorize connection from the proposed development to the Lake County Department of Public Works for the collection of sewage and to the Lake County Division of Transportation as may be appropriate. The Developer shall construct sanitary sewers as may be necessary to service the Property, in accordance with EXHIBIT E. It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Village agrees tooperate and maintain such systems, except for sanitary sewer service connections. The Owner and no Developer agree to accept any increase in sewer rates and tap on fees, provided that such fees and rates are applied consistently to all similar users in the Village to the extent possible. B. The Developer shall also construct any storm sewers which may be necessary to service the Property, in accordance with EXHIBIT E. It is understood, however, that changes tothe Preliminary Engineering Plan may be required at the time of Final Engineering. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Village agrees to operate and maintain that portion of the storm sewer system which serves multiple properties. C. Out|otA as depicted on Exhibit D shall be constructed as stornnxvater management detention facility. Upon completion of said facility asapproved by the Village, Out|otA shall be conveyed to the Village for ownership and maintenance. 11. Drainape Provisions. The Owner and Developer shall fully comply with any request of the Village Engineer related to the placement of buildings on lots, to preserve drainage standards. The Owner and Developer shall install any storm sewers and/or inlets which are required to eliminate standing water or conditions of excess sogginess on their respective properties which may, in the opinion of the @||a@e Engineer, be detrimental to the growth and maintenance of lawn grasses. 12. PaVment of Recapture Fees Owed, Any amount ofrecapture required to be paid by this Property shall be due and payable to the Village by the Developer upon final platting of the first plat of subdivision of any portion of the Property. 13. Securitv for Public and Private Site lmorovements, Security for public and private site improvements shall be provided in accordance with the Development Ordinance, and the Development Improvement Agreement (EXHIBIT [) as amended from time totime. Any letter of credit issued for such improvements shall be drawn on a financial institution of net worth reasonably satisfactory to the Village Attorney. The issuer may have an equitable or lending interest in the Property provided that the letter ofcredit, either by its own terms or by separate written assurances of the issuer, shall be honored irrespective of that interest. The Village shall have the right 10 draw up to the full amount of the letter of credit in order to complete, and have formal acceptance of, all improvements secured by the letter of credit. 14. Right of Way Dedication. The Owner and Developer shall dedicate right -of -way along Prairie Road to provide a right -of -way of 60 feet from the centerline, and right -of -way along Olive Hill Drive to provide a total right -of -way of 60 feet. Owner and Developer agree to dedicate such additional right -of -way along Prairie Road as may be required for the Prairie Road improvement planned by the Lake County Division of Transportation. Said dedication of right - of -way shall be provided on the first plat of subdivision approved by the Village for any portion of the Property. 15. Exhibits. The following Exhibits, some of which were presented in testimony given by the Owner and Developer or the witnesses during the hearings held before the Plan Commission and the Corporate Authorities prior to the execution of this Agreement, are hereby incorporated by reference herein, made a part hereof and designated as shown below. EXHIBIT A Legal Description EXHIBIT B Plat of Annexation dated January 17, 2014 EXHIBIT C Development Improvement Agreement (form) EXHIBIT D Preliminary Plan dated November 25, 2013 EXHIBIT E, E -1 Preliminary Engineering Plan ( 2 sheets) dated October 2, 2013 EXHIBIT F, F -1 Landscaping Plan (2 sheets) dated November 25, 2013 EXHIBIT G, G -1 Subdivision identification sign (2 sheets) dated January 15, 2014 EXHIBIT H Fencing plan for Farmstead Parcels (Lot 39 and Lot 40) dated December 12, 2013 16. Annexation Fee. Developer agrees to pay an annexation fee of $700.00 per dwelling unit for the 38 new houses, which fee shall be payable pro rata at issuance of building permits. This fee, however, shall be paid in full prior to the expiration of this Agreement. 17. Building, Landscaping and Aesthetics Plans. The models and exterior elevations of the single - family houses to be constructed by the Developer shall comply with the appearance package approved by the Village Appearance Review Team (ART) and Village Plan Commission. It is understood and agreed that modifications pertaining to the exterior M elevations may be desired by the Developer to accommodate hnmnebuyer4 and to the extent practicable, the Village shall review said modifications administratively. Major changes may be subject to review by the Appearance Review Team (ART). Lighting and signage shall be compatible with surrounding areas asapproved by the Village. Phases not under construction or completed shall be maintained in a neat and orderly fashion. 18. Declaration of Covenants, Conditions and Restrictions. The Property shall be subject toa declaration of covenants, conditions and restrictions ("Declaration") which shall include, but not by way of limitation, a provision whereby the Village shall have the right, but not the obligation, to enforce covenants or obligations of the Owner, Developer or association and/or owners of the units of the Property as defined and provided with the Declaration, and further shall have the right, upon thirty (3O) days prior written notice specifying the nature ofa default, to enter upon the Property and cure such default, or cause the same to be cured at the cost and expense of the Owner, Developer or association of the Property. The Village shall also have the right to charge or place a lien upon the Property for repayment ofsuch costs and expenses, including reasonable attorneys' fees in enforcing such obligations. The Declaration shall also provide that the Property shall be used and developed in accordance with Village ordinances codes and regulations applicable thereto, including ordinance(s) enacted pursuant to this Agreement. The Declaration shall be submitted to the Village for review and approval, and shall further provide that the provisions relative to the foregoing requirements may not be amended without the prior approval of the Village. The Declaration shall also provide that the Village may enforce its ordinances, including, but not by way of limitation, traffic ordinances, on the Property, including private property and common areas. The Developer has represented that homeowners association will be established for the ownership and maintenance of the subdivision identification sign to be constructed on Out|ot E as depicted on Exhibit D. The homeowners declaration is subject to review and approval by the Village. I Lot 39 and Lot 40 shall not be subject to the Declarations or the homeowners association established by the Developer until such time that said Lots are transferred to an owner other than Willard G. Hoffmann or his descendants. 19. Park District Donations. Developer agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding park donations. Outlot C and Outlot D shall be conveyed to the Village upon request by the Village. The Village shall convey Outlot D to the Buffalo Grove Park District, and said Outlot D shall fulfill the active park land donation requirement for the Property. Developer shall grade and establish a grass cover for Outlot C and Outlot D in the first phase of development of the Property prior to conveyance of said outlots to the Village. Developer agrees to make cash contributions in lieu of dedicating land to fulfill the passive park land donation requirement for the Property. The Village shall convey said cash contributions to the Buffalo Grove Park District. 20. School District Donations. Owner and Developer agree to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding school donations. Developer agrees to make cash contributions to the Village for conveyance to School Districts 102 and 125 according to the criteria of said Title. Any new residential buildings constructed on the Farmstead Parcels are subject to Title 19 concerning school donations. 21. Library District Donations. Owner and Developer agree to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding library donations. 22. Conditions Concerning Parks, School and Library Donations. It is understood and agreed that rooms in the residential units labeled as dens, lofts, studies or libraries on the floor plans will be counted as bedrooms for the purposes of calculating park, school and library donations, if, in the judgment of the Village, said rooms can be used as bedrooms. It is understood and agreed that the per acre land value used to compute said cash contributions may be increased from time to time, and cash contributions made at the time of building lO permit issuance shall be based on the land value in effect at the time of permit issuance. 23. Annexation to the Buffalo Grove Park District. The owner and Developer agree, at the request of the Buffalo Grove Park District, to annex any part or all of the Property to said Park District. Said annexation shall be completed within sixty days (60) days of the request of the Park District. 24. Facilitation of Development. Time is of the essence of this Agreement, and all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed that the successful consummation of this Agreement and the development of the Property in in the best interests of all the parties and requires their continued cooperation. The Owner and Developer do hereby evidence their intention tofully comply with all Village requirements, their willingness to discuss any matters ofmutual interest that may arise, and their willingness to assist the Village to the fullest extent possible. The Village does hereby evidence its intent tocooperate in the resolution of mutual problems and its willingness to facilitate the development of the Property, including diligent and timely review of engineering plans, the plat of subdivision and building permit applications, as contemplated by the provisions of this Agreement. The Village will aid in defending any effort by other governmental agencies to put the Property 10 use other than set forth in this Agreement orto prevent development of the Property. 25. Enforceabilitv of the Agreement. This Agreement shall be enforceable in any court nf competent jurisdiction by any of the parties or by an appropriate action at law or in equity to secure the performance of the covenants herein described. If any provision of this Agreement is held invalid, such provision shall be deemed to be excised herefrorn and the invalidity thereof shall not affect any of the other provisions contained herein. 26. Term of Agreement. This Agreement is binding upon the Property, the parties hereto and their respective grantees, successors and assigns for a term of twenty /20\ years from the date of this Agreement. This Agreement shall not be assigned without prior written consent of the Village. This Agreement may be amended by the Village and the owner of record of a portion of the Property as to the provisions applying thereto, without the consent of the IM owners of other portions of the Property. 27. Corporate Capacities. The parties acknowledge and agree that the individuals that are members of the group constituting the Corporate Authorities are entering into this Agreement in their official capacities as members of such group and shall have no personal liability in their individual capacities. 28. Notices. Any notice required pursuant to the provisions of this Agreement shall be in writing and be sent by certified mail to the following addresses until notice of change of address is given and shall be deemed received on the fifth business day following deposit in the U.S. Mail. |f1oOwner: Willard G.Hoffmann Five Farmers, LLC 30 Elm Street Glenview, |L5DO3S Copyto: Burt Sherman 171O Mountain Ct. Deerfield, |L6OD1S |ftoDeveloper: Curt Van Hvfte Pu|te Home Corporation 19O1 North Roselle Road, Suite 1OOO Schaumburg, |L6O195 Copy to: Charles LByrum Meltzer, PurtiU& SteUeLLC 3OO South Wacker Drive, Suite 3500 Chicago, |L6O6O6 Cbpyto: TinaDa|nnan Pu|te Home Corporation 1SO1 North Roselle Road, Suite 1OOO Schaumburg, IL 60195 12 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Tressler LLP 22 S. Washington Ave Park Ridge, IL 60068 29. Default. A. In the event Owner or Developer default in performance of their obligations set forth in this Agreement, then the Village may, upon notice to Owner or Developer, allow Owner or Developer sixty (60) days to cure such default or provide evidence to the Village that such default will be cured in a timely manner if it cannot be cured during said period. If Owner or Developer fail to cure such default or provide such evidence as provided above, then, with notice to Owner or Developer, the Village may begin proceedings to disconnect from the Village any portion of the Property upon which obligations or development have not been completed or at the option of the Village, to rezone such Property to the Residential Estate District. In such event, this Agreement shall be considered to be the petition of the Owner or Developer to disconnect such portion of the Property, or at the option of the Village, to rezone such Property to the Residential Estate District B. In addition to sub- paragraph A. hereof, it is recognized by the parties hereto that there are obligations and commitments set forth herein which are to be performed and provided by the Developer not by the Owner. The Village agrees that the Owner as such is exculpated from any personal liability or obligation to perform the commitments and obligations of the Developer set forth herein and that the Village will look solely to the Developer for such performance, except that to the extent that the Owner or successor thereto shall become a developer or shall designate or contract with a developer other than Pulte Home Corporation. In that case, the Owner or the new designee shall be subject to the liabilities, commitments and obligations of this Agreement. It is understood and agreed that Pulte Home Corporation shall not have obligations under this Annexation Agreement until Pulte 13 acquires the Property. In the event that Pulte Home Corporation does not acquire the Property, Pulte Home Corporation is not obligated by this Annexation Agreement. 30. A. The Owner (as tnLot 39 and Lot 40) and Developer, at their cost, shall be responsible for any litigation which may arise relating to the annexation, zoning and development of the Property. Owner and Developer shall cooperate with the Village in said litigation but Owner/Developer's counsel will have principal responsibility for such litigation. B. The Owner (as to Lot 39 and 40) and Developer shall reimburse the Village for reasonable attorneys' fees, expenses and costs incurred by the Village resulting from litigation relating to the annexation, zoning and development of the Property or in the enforcement of any of the terms of this Annexation Agreement upon a default by the Owner or Developer. C. Owner (as to Lot 39 and 40) and Developer hereby indemnify and hold the Village harmless from any actions or causes of action which may arise as a result of development activities for which the Owner or Developer is responsible. 31. Special Conditions. A. It is understood and agreed that the Village of Buffalo Grove levies a real estate transfer tau on all conveyances of real property in the Village. From the adoption of the ordinance approving this Agreement, any transfer of the Property or portion thereof shall be subject tothe payment ofsuch real estate transfer tax or an equivalent cash payment 1othe B. Owner and Developer represent and warrant that there are no mortgages, liens or other security interest affecting title to the Property or any part thereof. C. Developer shall deposit with the Village the amount necessary to reimburse the Village for any real estate tax payments made bv the Village to the Long Grove Fire Protection District concerning the Property pursuant to Section 705/20 of the Illinois Fire Protection Act (70 |LCS 705/20). Said deposit, as determined by the Village, shall be made by the Developer within sixty (GO) days of the date of this Agreement. 14 D. Develooer Provisions 1. Variations of Section 17.40.020.B. of the Village Zoning Ordinance are hereby granted to allow a corner side yard of 25 feet instead of 30 feet and combined side yards of 33 feet instead of 38 for Lots 3, 7, 8, 12, 13, 17, 18 and 22 as depicted on Exhibit D. 2. Variations of Section 14.16.010. of the Village Sign Code are granted to allow a subdivision identification sign as depicted on Exhibit D and Exhibit G.The final design of said sign is subject to Village approval. It is understood and agreed that that the location of said sign on Out|ot E as depicted on Exhibit D may need to be modified to accommodate the dedication of right-of-way as set forth Section 14 of this Agreement. 3. Developer may submit master building plans for approval of various models to be built, and said approval shall pertain to subsequent permit applications for individual lots unless substantive modifications to said models are proposed. 4. Outlot B shall be conveyed to the Village when said outlot is graded and established with grass as approved by the Village. The Village shall own and maintain said outlot, and Developer shall have no further obligations for said outlot after conveyance to the Village. 5. Developer shall construct the paved areas at the end of the streets terminating at the west line of the Property as depicted on Exhibit D when the streets are constructed. Said paved areas are intended to accommodate maneuvering ofemergency and service vehicles, and said paved areas shall not be used for parking. The Developer shall install barriers at the end of said streets if required by the Village Engineer. The design and placement of said barriers is subject to approval by the Village Engineer. The Developer shall provide easements to the Village to allow said paved areas to occupy Lots 28 and 30. Said paved areas on Lot 28and Lot 3Oshall be removed if the public street is extended on the adjoining property tothe west. Removal of said paved areas shall be the responsibility of the developer extending said street, and shall not be the responsibility of the Developer unless Developer is the developer of the property to the west. At such time that IM, the paved areas are removed from Lot 28 and Lot 30 as approved bx the Village, the easements on said lots shall be vacated. 6. The Village agrees to permit the Developer to construct and maintain one model home on Lot 7, consisting of one building with suitable off-street padWng on Lot 6, all subject toVillage approval. Such construction shall be in compliance with the provisions of the Village's Building Code in effect at the time of building permit issuance. The Village will allow permitting and construction of the model prior to completion of the public street and public water service, but certificate of occupancy shall be issued only when street access and water service are available to serve said model. The Developer may use the model only for marketing the Property. Such use shall be discontinued when development of the Property as approved herein has been completed. 7. Developer shall disclose in writing the uses allowed on Lot 39 and Lot 4Oto all persons contemplating the purchase of house in the Ees1haven subdivision. Said written disclosure is subject to written approval by the Village. E. Farmstead Provisions 1. Variation of Section 17/40.020.8. of the Village Zoning Ordinance is hereby granted to allow a setback of 10 feet instead of3O feet for the existing barn on Lot 39. It is understood and agreed that the lean-to portion of the barn shall be removed within one (1) year after annexation of the Property. 2. Variations of Section 15.20.040.A. of the Village Fence Code are hereby granted to allow construction offences in the front yards of Lot 39 and Lot 40 as depicted on Exhibit H hereto. Said front yard fences shall be a picket fence style not higher than four (4) feet. Said front yard fences shall be tapered in height beginning at the 30-foot building setback line to meet the height of fencing constructed in the respective side yards of said lots. Gates in the respective front yard fences are subject to review and approval by the Village to ensure that adequate visibility is provided for vehicles accessing said gates. 16 3. Existing buildings and structures on Lot 39 and Lot 40 as depicted on the plat of survey dated June 26, 2013 shall be allowed to remain as currently constructed. It is understood and agreed that the wood shed depicted on Lot 40 on said plat of survey has been removed, and Owner contemplates relocating an existing chicken coop to the former location of the wood shed. It is understood and agreed that the frame garage on Lot 39 does not meet the required setback from the south property line. In the event of damage to said garage of more than 50 % of its value, repair or rebuilding of said garage shall be in compliance with applicable zoning standards unless variations are granted by the Village. 4. Modifications and upgrades of the existing buildings and structures on Lot 39 and Lot 4Oshall comply with applicable Village building and life safety codes. It is understood and agreed that e new garage may be constructed on Lot 40. Said garage shall meet applicable zoning standards unless variations are granted by the Village. 5. The existing driveway to Prairie Road may be used for access to Lot 39 and 40 until such time that Lot 40 is transferred to an owner other than Willard G. Hoffmann or his descendants, or until such time that Lot 40 has a driveway connection to Jordan Terrace which is to be constructed as part of the Pulte Easthaven subdivision. Access to Prairie Road for Lot 39 shall be terminated when said transfer of Lot 40 or o driveway connection to Jordan Terrace for Lot 4Ooccurs. The driveway to Prairie Road shall be maintained by the owners of Lot 39 and 40, and a temporary easement shall be provided allowing said access on OutkotAwhen said Oudotis owned by the Village. Said easement shall be vacated when Lot 40 is transferred to an owner other than Willard G. Hoffmann or his descendants, or until such time that Lot 40 has a driveway connection to the Jordan Terrace constructed as pert of the Pu|te Easthaven subdivision. 6. Lot 39 and Lot 4Oshall be allowed to connect a driveway for each lot to Jordan Terrace, and also to connect sidewalks or paths to the public sidewalk. 7. Lot 39 and Lot 40 shall connect to the Village water system and sanitary sewer system within one year of said utilities being available to serve said lots. At the 17 time of connection to Village sanitary sewer, existing septic sewer facilities shall be properly sealed or pumped and filled as required by the Illinois Department ofPublic Health and as approved by the Village Health Officer. 8. The existing deep well on the Property may be maintained for landscape sprinkling and agricultural uses on Lot 39 and Lot 40. Any underground irrigation oVsern is subject to review and approval by the Village. In the event that the well becomes inoperable it shall be properly abandoned and sealed in conformance with the State ofIllinois requirements and as approved by the Village. 9. |tis understood and agreed that the use of Lot 3S and Lot 4O(the Farmstead Parcels) by the current Hoffmann family owners contemplates maintenance of a rural, agricultural character ofe circa 1939 farm, herein referred to as the "Farmstead Parcels." After the effective term of this Annexation Agreement and pursuant to 65 |LCS 5/11-15.1'2(8, the provisions of the Village's ordinance relating to zoning of Lot 39 and Lot 40 in accordance with this Annexation Agreement shall remain in effect unless modified in accordance with law. The activities and uses listed below are allowed on Lot 39 and Lot 40 while owned by Willard G. Hoffmann or his descendants: a. The existing live poultry consisting of 15 ducks and 15 chickens (a total of 30) on the Farmstead Parcels are allowed to remain for the duration of their natural lives. Said existing animals may not be replaced, and no roosters are allowed. b. Agricultural crops, gardens, orchards, compost areas, clotheslines, decorative windmills, scarecrows, and decoys are allowed on the Farmstead Parcels. It is understood and agreed that impacts including noise and odor, will be controlled to avoid nuisance issues for adjacent properties and residents. Crops and garden produce shall not be sold on the Property. C. Signage stating the age and ownership of the Hoffmann farm, subject to Village review and approval of the size and location, shall be allowed on the Farmstead Parcels. 5ignage that prohibits trespassing and snoxvnoobi|ingonthe Property shall be allowed to be installed on the Farmstead Parcels, and said signs shall not exceed 1.5 square M feet in area per sign. The number and locations of said signs are subject to review and approval by the Village. d. Lighting shall be allowed for security and operational purposes. Lighting repaired or installed after annexation of the Property shall use fixtures that minimize glare and light spillover onto adjoining properties. e. The existing heating and cooling equipment and the irrigation system for the existing greenhouse on Lot 39 shall be allowed to remain. Repair or replacement of said equipment is subject to applicable Village codes. 10. Owners and future owners of Lot 39 and Lot 40 shall have the right to subdivide said lots into three lots that comply with Village zoning and development standards. Lot 39 and Lot 40 may be sold separately, and a lot remaining in the ownership of Willard G. Hoffmann or his descendants shall retain the rights granted in this annexation agreement. Willard G. Hoffmann and his descendants shall have the right to give, sell or exchange Lot 39 or Lot 40 without limitation to any other Hoffmann family member, without losing the rights granted to Lot 39 and Lot 40 herein. 11. It is understood and agreed that upon annexation the Village will issue new street addresses for buildings on Lot 39 and Lot 40 to ensure proper identification for provision of services, and Owner shall use said Village addresses in place of current addresses assigned by Lake County. Owner is also required to contact the Buffalo Grove Post Office and submit a change of addresses requesting use of the addresses as assigned by the Village. IN WITNESS WHEREOF, the Corporate Authorities, Owner and Developer have caused this instrument to be executed by their respective proper officials duly authorized to execute the same on the day and the year first above written. It1X•'s By LTAIWA e ! This instrument is executatd by the undersigned Land TrusW, net personaly but WWVY as Trustee in the exercise of the pow tt W aautherit cenfarrad upon and rested in it as such Tnraft pis understood and agreed that A N wernntie=, acs, representations, covenants, undertakings :5 agreemerats herein made on the part of the Trustee arre autdertaken by it soWy in its capacity as Trustee aW not persamell . fde personal liablity or personal responsibility. is atestmedy or shah at any time be asserted or enforcaft ageirrst the Trustee on account of any warranty, indenataity, representation, covenant, undertaking or agreement of the Trustee in this instrument. R 9C This document prepared by: Robert E. Pfeil, Village Planner Village of Buffalo Grove 50RauppBoulevard Buffalo Grove, |L§0U89 Village Clerk Village of Buffalo Grove 5ORuuppBoulevard Buffalo Grove, IL 60089 21 EXHIBIT A Legal Description Hoffmann property 2214ON. Prairie Road, Prairie View, |L The south 660 feet of the north % of the east }6 of the southwest W mfSect on 21, Township 43 North, Range 11 East of the Third Principal Meridian, in Lake County, Illinois.