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2010-0325/25/2010 ORDINANCE NO. 2010- 32 AN ORDINANCE APPROVING THE FIRST AMENDMENT TO THE SPECIAL USE IN THE B -3 PLANNED BUSINESS CENTER DISTRICT VILLAGE OF BUFFALO GROVE COOK AND LAKE COUNTIES, ILLINOIS Inter -Track Partners, LLC. Inter -track wagering location (off track betting) Adam's Roadhouse Sports Bar & Grill, LTD. 301 Milwaukee Avenue WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property legally described in Exhibit A ( "Property ") attached hereto is zoned in the B -3 District; and WHEREAS, Park National Bank Successor Trustee to Cosmopolitan Bank and Trust Company as Trustee of Trust Number 30812 dated April 8, 1998 is the owner ( "Owner ") of the Property; and WHEREAS, Cy's Crab House North, Inc., an Illinois corporation, (d /b /a Adam's Roadhouse Sports Bar & Grill, LTD; formerly Adam's Rib & Ale House, LTD and also Cy's Crab House) (hereinafter sometimes referred to as "Adam's Roadhouse ") is the beneficiary of the Owner WHEREAS, the Property is occupied by Adam's Roadhouse restaurant and Inter -Track Partners, LLC; and WHEREAS, the Adam's Roadhouse has requested an amendment of Ordinance No. 2009- 30 to allow the billboard on the Property to remain for an additional six months or no later than December 1, 2010; and WHEREAS, the following exhibits are attached hereto and made a part hereof: EXHIBIT A Legal Description of the Property EXHIBIT B Billboard EXHIBIT C Owner and Inter -Track Partners, LLC. Acceptance and Agreement WHEREAS, the President and Board of Trustees have determined that allowing the billboard to remain on the Property as set forth herein will not be detrimental. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This ordinance is made pursuant to and in accordance with the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby approve an amendment to Section 3.Y. of Village of Buffalo Grove Ordinance No. 2009 -30, requiring the Owner to remove the billboard on the Property within one year of the effective date of the ordinance. follows: Section 3. Section 3.Y. of Village Ordinance No. 2009 -30 is hereby amended to read as 3.Y. The Owner shall remove the billboard on the Property no later than December 1, 2010. Section 4. Village Ordinance No. 2009 -030 remains in full force and effect except as specifically amended by this Ordinance. Section 5. This Ordinance shall be in full force and effect on and after its passage and approval, subject to execution by the Owner and Inter -Track Partners, LLC. of the Acceptance and Agreement attached hereto as Exhibit C and the filing of said Acceptance and Agreement with the Village. This Ordinance shall not be codified. AYES: 4 -- Braiman, Glover, Stone, Sussman NAYS: 0 - None ABSENT: 2 - Berman, Trilling PASSED: May 27, 2010 APPROVED: May 27, 2010 ATTEST: JAN SWBIAN Village Clerk APPROVED: ELLIOTT HARTSTEIN Village President EXHIBIT A Subject Property Legal Description Adam's Roadhouse & OTB, 301 Milwaukee Avenue Lots 1, 2, 3, 4 and 5, except the southerly 15 feet of Lot 5, in Block 2 in Unit No. 2 of Columbian Gardens, being a subdivision in Section 35, Township 43 North, Range 11 East, of the Third Principal Meridian, according to the plat thereof recorded July 10, 1926 as Document 282352, in Book "P" of plats, page 92, in Lake County, Illinois; and, that part of Milwaukee Avenue lying westerly of and adjacent to Lots 1, 2, 3, 4 and 5, except the southerly 15 feet of Lot 5, in Block 2 in Unit No. 2 of Columbian Gardens aforesaid, and lying southerly of the northerly line of said Lot 1 extended westerly, all in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: Adam's Roadhouse & OTB, 301 Milwaukee Avenue, Buffalo Grove, Illinois. 15 -35- 301 -001 15 -35- 301 -002 15 -35- 301 -003 15 -35- 301 -004 15 -35- 301 -005 Q < C, m Z�m> vZ I, oocz 72 m " m U) G) m r � CD Z DDo m -n s p °o z �D z 3 m m0OMH OA> C ;o 0 Z C D MZOm v m f' 4A W o M Q> Do D > = Q .. Cl)� rn r O �I� EXHIBIT C ACCEPTANCE AND AGREEMENT The undersigned, Inter -track Partners, LLG, an Illinois limited liability company, as lessee of the Property described in the within and foregoing Ordinance No. 2010 -_, and Park National Bank as Successor Trustee to Cosmopolitan Bank and Trust Company as Trustee under Trust Agreement dated April 8, 1998, known as Trust number 30812 as Owner of the Property, do hereby accept and agree to abide by the provisions, requirements, and conditions contained within and required by said Ordinance and do hereby acknowledge that the fulfillment of such provisions, requirements, and conditions Is essential to the grant and continuance of the special uses allowed therein and that but for the imposition of such provisions, requi 0 ACCEPTANCE AND AGREEMENT 0 EXHIBIT C The undersigned, Inter -track Partners, LLC, an Illinois limited liability company, as lessee of the Property described in the within and foregoing Ordinance No. 2010 -, and Park National Bank as Successor Trustee to Cosmopolitan Bank and Trust Company as Trustee under Trust Agreement dated April 8, 1998, known as Trust Number 30812 as owner of the Property, do hereby accept and agree to abide by the provisions, requirements, and conditions contained within and required by said Ordinance and do hereby acknowledge that the fulfillment of such provisions, requirements, and conditions is essential to the grant and continuance of the special uses allowed therein and that but for the imposition of such provisions, requirements, and conditions, the special uses would not have been granted. The commitment herein made by the undersigned shall be enforceable by the Village of Buffalo Grove, Illinois, in a court of law or in equity in addition to any and all other remedies available to the Village to secure compliance with the provisions, requirement, and conditions agreed to herein. INTER -TRACK PARTNERS, LLC name jleo Signature SUBSCRIBED AND SWORN TO before me this2 -7day of MO-A4.2010. '' Notary Public PARK NATIONAL BANK SUCCESSOR OFFICIAL SEAL TRUSTEE TO COSMOPOLITAN BANK AND EMIL CRIBARI TRUST COMPANY AS TRUSTEE OF TRUST NOTARY PUBLIC• STATE OF ILLINOIS NUMBER 30812, DATED APRIL 8, 1998. MY COMMISSION EXPIRES:06110113 BY: TRUST OFFICER SUBSCRIBED AND SWORN TO before me this _ day of , 2010 Notary Public STATE OF ILLINOIS) SS. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on, May 27, 2010 the Corporate Authorities of the Village passed and approved Ordinance No. 2010 -32, AN ORDINANCE APPROVING THE FIRST AMENDMENT TO THE SPECIAL USE IN THE B -3 PLANNED BUSINESS CENTER DISTRICT VILLAGE OF BUFFALO GROVE, COOKAND LAKE COOUNTIES, ILLINOIS Inter -track wagering location (off track betting) Adam's Roadhouse Sports Bar 7 . Grill Ltd. 301 Milwaukee Avenue provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No, 2010 =32, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing on May 27, 2010 and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 28th day of May, 2010. Vil ge Clerk D 0 A,�� By 5/25/2010 ORDINANCE NO. 2010- 32 AN ORDINANCE APPROVING THE FIRST AMENDMENT TO THE SPECIAL USE IN THE B -3 PLANNED BUSINESS CENTER DISTRICT VILLAGE OF BUFFALO GROVE COOK AND LAKE COUNTIES, ILLINOIS Inter -Track Partners, LLC. Inter -track wagering location (off track betting) Adam's Roadhouse Sports Bar & Grill, LTD. 301 Milwaukee Avenue WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property legally described in Exhibit A ( "Property ") attached hereto is zoned in the B -3 District; and WHEREAS, Park National Bank Successor Trustee to Cosmopolitan Bank and Trust Company as Trustee of Trust Number 30812 dated April 8, 1998 is the owner ( "Owner") of the Property; and WHEREAS, Cy's Crab House North, Inc., an Illinois corporation, (d /b /a Adam's Roadhouse Sports Bar & Grill, LTD; formerly Adam's Rib & Ale House, LTD and also Cy's Crab House) (hereinafter sometimes referred to as "Adam's Roadhouse ") is the beneficiary of the Owner WHEREAS, the Property is occupied by Adam's Roadhouse restaurant and Inter -Track Partners, LLC; and WHEREAS, the Adam's Roadhouse has requested an amendment of Ordinance No. 2009- 30 to allow the billboard on the Property to remain for an additional six months or no later than December 1, 2010; and WHEREAS, the following exhibits are attached hereto and made a part hereof: EXHIBIT A Legal Description of the Property EXHIBIT B Billboard EXHIBIT C Owner and Inter -Track Partners, LLC. Acceptance and Agreement WHEREAS, the President and Board of Trustees have determined that allowing the billboard to remain on the Property as set forth herein will not be detrimental. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This ordinance is made pursuant to and in accordance with the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby approve an amendment to Section 3.Y. of Village of Buffalo Grove Ordinance No. 2009 -30, requiring the Owner to remove the billboard on the Property within one year of the effective date of the ordinance. follows: Section 3. Section 3.Y. of Village Ordinance No. 2009 -30 is hereby amended to read as 3.Y. The Owner shall remove the billboard on the Property no later than December 1, 2010. Section 4. Village Ordinance No. 2009 -030 remains in full force and effect except as specifically amended by this Ordinance. Section 5. This Ordinance shall be in full force and effect on and after its passage and approval, subject to execution by the Owner and Inter -Track Partners, LLC. of the Acceptance and Agreement attached hereto as Exhibit C and the filing of said Acceptance and Agreement with the Village. This Ordinance shall not be codified. AYES: 4 - Braiman, Glover, Stone, Sussman NAYS: 0 - None ABSENT: 2 - Berman, Trilling PASSED: May 27, 2010 APPROVED: May 27, 2010 ATTEST: (N � JAN S BIAN Village Clerk APPROVED: Mm- / ELLIOTT HARTSTEIN Village President EXHIBIT A Subject Property Legal Description Adam's Roadhouse & OTB, 301 Milwaukee Avenue Lots 1, 2, 3, 4 and 5, except the southerly 15 feet of Lot 5, in Block 2 in Unit No. 2 of Columbian Gardens, being a subdivision in Section 35, Township 43 North, Range 11 East, of the Third Principal Meridian, according to the plat thereof recorded July 10, 1926 as Document 282352, in Book "P" of plats, page 92, in Lake County, Illinois; and, that part of Milwaukee Avenue lying westerly of and adjacent to Lots 1, 2, 3, 4 and 5, except the southerly 15 feet of Lot 5, in Block 2 in Unit No. 2 of Columbian Gardens aforesaid, and lying southerly of the northerly line of said Lot 1 extended westerly, all in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: Adam's Roadhouse & OTB, 301 Milwaukee Avenue, Buffalo Grove, Illinois. 15 -35- 301 -001 15 -35- 301 -002 15 -35- 301 -003 15 -35- 301 -004 15 -35- 301 -005 O < c) m Z�mD -� c Z -�i �CDCZ .Dm•_m m G') m r Q cD Z �D 0 <� m -� —� O °a z ;ezD O m ma�� nazi o� >� Z0> �ZG)m M a o Q D C >o 0 D S � Q Q Wcn ?� m r r 9�1 EXHIBIT C ACCEPTANCE AND AGREEMENT The undersigned, Inter -track Partners, LLC, an Illinois limited liability company, as lessee of the Property described in the within and foregoing Ordinance No. 2010 -_, and Park National Bank as Successor Trustee to Cosmopolitan Bank and Trust Company as Trustee under Trust Agreement dated April 8, 1998, known as Trust Number 30812 as owner of the Property, do hereby accept and agree to abide by the provisions, requirements, and conditions contained within and required by said Ordinance and do hereby acknowledge that the fulfillment of such provisions, requirements, and conditions is essential to the grant and continuance of the special uses allowed therein and that but for the imposition of such provisions, requirements, and conditions, the special uses would not have been granted. The commitment herein made by the undersigned shall be enforceable by the Village of Buffalo Grove, Illinois, in a court of law or in equity in addition to any and all other remedies available to the Village to secure compliance with the provisions, requirement, and conditions agreed to herein. SUBSCRIBED AND SWORN TO before me this2 -7day of N� , 2010. X21 _f Notary Public OFFICIAL SEA:ILLUNOiS EMIL CRIBARI NOTARY PUBLIC • STATE OMY COMMISSION EXPIRE13 SUBSCRIBED AND SWORN TO before me this _ day of , 2010 Notary Public INTER -TRACK PARTNERS, LLC By: name & le Signature PARK NATIONAL BANK SUCCESSOR TRUSTEE TO COSMOPOLITAN BANK AND TRUST COMPANY AS TRUSTEE OF TRUST NUMBER 30812, DATED APRIL 8, 1998. BY: TRUST OFFICER EXHIBIT C ACCEPTANCE AND AGREEMENT The undersigned, Inter -track Partners, LLC, an Illinois limited liability company, as lessee of the Property described in the within and foregoing Ordinance No- 2010 -_, and Park National Bank as Successor Trustee to Cosmopolitan Bank and Trust Company as Trustee under Trust Agreement dated April 8, 1995, known as Trust Number 30812 as owner of the Property, do hereby accept and agree to abide by the provisions, requirements, and conditions contained within and required by said Ordinance and do hereby acknowledge that the fulfillment of such provisions, requirements, and conditions Is essential to the grant and continuance of the special uses allowed therein and that but for the Imposition of such provisions, requirements, and conditions, the special uses would not have been granted, The commitment herein made by the undersigned shall be enforceable by the Village of Buffalo Grove, Illinois, in a court of law or in equity in addition to any and all other remedies available to the Village to secure compliance with the provisions, requirement, and conditions agreed to herein. SUBSCRIBED AND SWORN TO before me this _ day of , 2010. Notary Public SUBSCRIBED AND SWORN TO O-m-m- JUANITA CHANDLER NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:02118l12 Td WdS0:0T OTW SZ "heW INTER-TRACK-PARTNERS, LLC By: Print name & title Signature as r an K k k5 C(e14xr � M PARK NATIONAL BANK SUCCESSOR TRUSTEE TO COSMOPOLITAN BANK AND TRUST COMPANY AS TRUSTEE OF TRUST NUMBER 30812, DATED APRIL 8, 1998, BY: 0 nj0@41 , TRUST)OFFICEAl Trust Officer 10 owamw b opw by mm= TRM teal w A hnaMftft but solely at Trus u under emAti t 141at ��a�.�,.�oam as Tn:stiv'o. . �8 /a► � ,� fi ,id Trust tq z ate -nt Is here-by made a part hereof and ay said Trudea vvhich may result from the 4 s�g c i.,�a:umen► shall be payable only out of any u i m,-;,y be held thereun.,;ar, cad 5 .iu trustee s_ s'r the Per::: r7 ^y d, :jry of -r - -n t....; ,.. :f "I d "Is D;J !amen€ or Mir is s a`F:4 L'. °.,;i::S3 'i:`+r' °• lye iG1 �r;:" .`s� : 'ON 3NOHd : WON -1