2014-02-24 - Ordinance 2014-015 - APPROVING AN ANNEXATION AGREEMENT FOR KEDROSKI PROPERTY2/13/2014
[01 Rollo F-ALTE414
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;
M,
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.
AYES:
NAYS:
ABSENT:
Village Clerk
6 — Berman. Trilli
February 24, 2014
February 24. 2014
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Sussman. Terson. Stein. Ottenheimer
APPROVED:
U?iman, 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
7/18/Z014
ANNEXATION AGREEMENT
Kedroski property
23031 N Prairie Road
This agreement (hereinafter referred to as the "Agreement") made and entered into this
%4^'' 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 James A. Kednoski and
Linda L. KedrosN (hereinafter referred to as "Owner").
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of
the Constitution of the State of Illinois of1S70;and,
WHEREAS, Owner is the owner of certain tract of property (hereinafter referred to as
the "Property") comprising O.66acres legally described and identified in the Legal Description,
attached hereto as EXHIBIT Aand made a part hereof, and which real estate is contiguous to
the corporate limits of the Village; and,
WHEREAS, a Plat of Annexation of the territory to be annexed, depicting a total area of
0.66 acres, is attached hereto as EXHIBIT B;and,
WHEREAS, Owner desires to annex the Property pursuant to the provisions and
regulations applicable to the R-2 One-family Dwelling District of the Village Zoning Ordinance to
construct single-family house onthe Property; and,
WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et seq., of the Illinois
Municipal Code /65 |LCS 5/11-15.1,1 etseq > and as the same may have been modified by the
Village's Home 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 President and Board of
Trustees of the Village held a public hearing with respect to the requested zoning classification
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in the R'J One-family Dwelling District of the Village Zoning Ordinance; and,
WHEREAS, the President and Board of Trustees 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 of the area and xvnu|d serve the best interests of the Village.
NOW, THEREFORE, inconsideration of the premises, mutual covenants and agreements
herein set forth, the parties hereto agree as follows:
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 Code (65 |LCS 5/11-15.1'1 et
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.
3. 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 ILCS 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'2 One-
family Dwelling District, all as contemplated in this Agreement. 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
/21\ days of the execution of this Agreement bv 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 ufAnnexation (attached hereto as EXHIBIT 8).
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
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Property in the R-2 C]ne-tanlik/ Dwelling District subject to the restrictions further contained
herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to
time.
5. Approval of Plans. It is understood and agreed that the Owner is proposing
construction of a detached single-family house on the Property. In the event that a
development other than a single-family detached house is proposed, the Property shall comply
with the applicable requirements of the Village Development Ordinance pertaining to approval
of Preliminary Plan.
6. Compliance with Applicable Ordinances. The Owner agrees to comply with all
ordinances of the Village of Buffalo Grove as amended from time to time, 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 shall comply with the standards set forth in the Village of Buffalo
Grove Development Ordinance os amended from time totime. 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 construction of single-family house.
7. Building Permit Fees. The building permit fees may be increased from time totime
so |nnQ as said permit fees are applied consistently to all other developments in the Village to
the extent possible. |n the event a conflict arises between the Owner 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 shall pay any non-discriminatory new
or additional fees hereinafter charged by the Village to owners and developers of properties
within the Village.
D. WaterProvision. The Owner shall be permitted and agrees tn tap onto the Village
water system at points recommended by the Village Engineer pursuant to a final engineering
plan, which is subject to approval by the Village. The Owner further agrees to pay to the Village
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such fees in accordance with the applicable Village Ordinances at the time of the issuance of
the water and sewer permits. The Owner agrees 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 the Property for the single-family
house contemplated herein.
9. Storm and Sanitary Sewer Provisions.
Owner shall connect the proposed single-family house tothe Village's sanitary sewer
system at the location designated by the Village Engineer, pursuant to the final engineering
plan approved bv the Village.
The Owner shall construct a sanitary sewer (eight inches in diameter) on the Property in
a 15-fnot wide sanitary sewer easement across the Property to reach the north lot line of the
Property, and provide a 15-foot wide sanitary sewer easement along the north lot line tnthe
west lot line of the Property, as approved by the Village Engineer, pursuant to the final
engineering plan approved by the Village.
Upon installation and acceptance by the Village through formal acceptance action by
the action by the Corporate Authorities, the Corporate Authorities agree to operate and
maintain said public sanitary sewer line, except for sanitary sewer service connections.
The Owner agrees 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.
The Owner shall construct any storm sewers which may be necessary to service the
Property aadetermined by the Village Engineer. Upon installation and acceptance by the Village
through formal acceptance action by the Corporate Authorities, the Corporate Authorities
agree to operate and maintain that portion of the storm sewer system which serves multiple
properties. The Owner agrees to operate and maintain that portion of the storm sewer system
located un the subject Property and not dedicated.
10. Drainage Provisions. The Owner shall comply with applicable stornnvvater
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regulations as determined by the Village Engineer to preserve drainage standards.
11. Security for Public and Private Site Improvements. Security for public and
private site improvements shall be provided in accordance with the Development Ordinance,
and the Development Improvement Agreement (EXHIBIT C) 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 to dram/ 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.
12. Right of Way Dedication. The Owner shall dedicate right-of'vvayof ten (1U) feet
in width extending the full frontage of the Property along Prairie Road. Said dedication shall be
made on the plat of subdivision for the Property and prior to issuance of any Village permits.
13. Exhibits. The following EXHIBITS, some of which were presented in testimony
given by the Owner orthe witnesses during the hearing held before 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.
EXH|8|TA Legal Description
EXHIBIT Plat of Annexation dated October 4,ZUl3
EXHIBIT Development Improvement Agreement
14. Building, Landscaping and Aesthetics Plans. Owner shall submit building and
landscaping plans for approval by the Village prior to construction of buildings on the Property.
The exterior appearance of the proposed single-family house is subject to review by the Village
in accordance with the Village Appearance Plan.
15. Annexation Fee. Owner agrees to pay an annexation fee of$7OO.0U for any new
residential dwelling unit constructed on the Property. Said fee shall be paid at time of issuance
of building permits.
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16. Park District Donations. Owner agrees to comply with the provisions of Title 19
of the Buffalo Grove Municipal Code as amended from time to time regarding park donations.
Owner agrees to make cash contribution to the Village for conveyance tnthe Buffalo Grove
Park District to fulfill the obligation of the Property concerning park donations.
17. School District Donations. Owner agrees to comply with the provisions of Title
19 of the Buffalo Grove Municipal Code as amended from time to time regarding school
donations. Owner agrees to make cash contributions to the Village for conveyance to School
Districts 103 and 125 according to the criteria of said Title.
18. Library District Donations. Owner agrees to comply with the provisions of Title
19 of the Buffalo Grove Municipal Code as amended from time to time regarding library
donations.
19. Conditions Concerning Parks, School and Library Donations. |tis understood and
agreed that rooms in the residential units labeled as dens, lofts, studies or libraries nn the floor
plans will be counted as bedrooms for the purposes of calculating park, school and library
donations, i[ 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 tocompute said cash contributions
may be increased from time to time, and cash contributions made at the time of building
permit issuance shall be based on the land value in effect at the time of permit issuance.
20. Annexation to the Buffalo Grove Park District. The Owner agrees, at the request
of the Buffalo Grove Park District, to annex the Property to said Park District. Said annexation
shall be completed within sixty days (60) days of the request of the Park District.
31. 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 is in the best interests of all the parties and requires their
continued cooperation. The Owner does hereby evidence its intention to fully comply with all
Village requirements, its willingness to discuss any matters of mutual interest that may arise,
and its willingness to assist the Village to the fullest extent possible. The Village does hereby
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evidence its intent to cooperate in the resolution of mutual problems and its willingness to
facilitate the development of the Property, as contemplated by the provisions of this
Agreement.
22. Enforceability of the Agreement. This Agreement shall be enforceable in any
court of 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 herefrom and the
invalidity thereof shall not affect any of the other provisions contained herein.
23. 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 (JO) 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
owners of other portions of the Property.
24. 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.
25. 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
|ftoOwner: James A.NedrosW and Linda LKedroski
3467K8adieraLane
Buffalo Grove, |L6DOQ9
IftoVillage: Village Clerk
Village of Buffalo Grove
5ORauppBoulevard
Buffalo Grove, IL 60089
�
Copy to: William G.Raysa,Esq.
Tress|erLLP
22S. Washington Ave
Park Ridge, IL 60068
26. Default. |n the event Owner defaults in performance of their obligations set forth
in this Agreement, then the Village may, upon notice to Owner, allow Owner sixty (60) days to
cure 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. >f Owner fails tn cure such default or provide
such evidence as provided above then, with notice to Owner, 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 tothe Residential Estate District. In such event, this Agreement shall be considered to
be the petition of the Owner to disconnect such portion of the Property, or at the option of the
Village, to rezone such Property to the Residential Estate District.
27.
A. The Owner, at their cost, shall be responsible for any litigation which may
arise relating to the annexation, zoning and development of the Property. Owner shall
cooperate with the Village in said litigation but Owner's counsel will have �principal
responsibility for such litigation.
B. The Owner shall reimburse the Village for reasonable attorneys' fees,
expenses and costa incurred by the Village resulting from litigation relating tothe 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.
C. Owner hereby indemnifies and holds the Village harmless from any
actions or causes of action which may arise as a result of development activities for which the
Owner isresponsible.
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28. SDecial Conditions,
A. It is understood and agreed that upon annexation the Village will issue a
new street address for the proposed single-family house on the Property to ensure proper
identification for provision of services, and Owner shall use said Village address in place of the
current address assigned by Lake County. Owner is also required to contact the Buffalo Grove
Post Office and submit a change of address requesting use of the address as assigned by the
Q. Owner represents and warrants that there are no mortgages, liens or
other security interest affecting title to the Property or any part thereof.
C. Owner shall deposit with the Village the amount necessary to reimburse
the Village for any real estate tax payments made bu the Village to the Lincolnshire-Riverwoods
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 Owner within sixty (6O) days uf the date of this Agreement.
D. Owner shall provide a plat of subdivision for the Property in conformance
with the requirements of the Village Development Ordinance prior to issuance of any Village
permits. Said plat of subdivision shall provide the dedication of right-of-way along Prairie Road
as set forth in Section 12 of this Agreement and shall provide the sanitary sewer easements as
set forth in Section gof this Agreement.
E. Owner shall construct a public sidewalk extending the full frontage of the
Property along Prairie Road. Said sidewalk shall be constructed in compliance with the Village
Development Ordinance and shall be completed according to the schedule determined by the
Village Engineer.
IN WITNESS WHEREOF, the Corporate Authorities and Owner 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.
a
VILLAGE OF 8WFJQ-QR0VE
JEtMq'�)J)PR� IMAN, Village President
�11
3y
VILLAGE CLERK
This document prepared by:
Robert E. Pfeil, Village Planner
Village of Buffalo Grove
50 Rau pp Blvd
Buffalo Grove, IL 60089
M�
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Lot 3 in Knedler's Subdivision, being a subdivision of part of Lot 34 of School Trustees' Subdivision of
Section 16, Township 43 North, Range 11 East of the Third Principal Meridian according to the plat
thereof recorded December 12, 1956 as Document 933874 in Book 1506 of Records, Page 1, in Lake
County, Illinois.
i9i �415015[11-itlj
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