2016-10-17 - Ordinance 2016-050 - APPROVING AMENDMENT OF ANNEXATION AGREEMENT FOR SPEEDWAY, 201 MILWAUKEE AVE AVENUE,ORDINANCE NO. 2016 - 050
AN ORDINANCE APPROVING THE
FIRST AMENDMENT OF THE ANNEXATION AGREEMENT
FOR SPEEDWAY SERVICE STATION AT
201 N MILWAUKEE BUFFALO GROVE, ILLINOIS
VILLAGE OF BUFFALO GROVE
COOK AND LAKE COUNTIES,, ILLINOIS
WHEREAS, the Village of ufflo Grove is a Home Rule Unit by virtue oft the Illinois
Constitution of 1970; and,
WHEREAS, the Village entered into an Annexation Agreement approved June 7, 1993
with Emro Marketing Company which was approved by Village Ordinance No. 93- 3
(hereinafter referred to as the "Original Agreement") for the real property ("Property") legally
described in X I hereto; and,
WHEREAS, Owner is the owner of a certain tract of property ("Property") comprising
1.9 acres legally described and identified in the Legal Description, attached hereto as EXHIBIT
and made a part hereof, known as 201 N Milwaukee Avenue; and,
WHEREAS, Owner has requested approval of an amendment to the original Preliminary
Plan to build a 350 square foot addition; and,
WHEREAS, the Village Board has determined that it is in e best interest of the Village
of of alo Grove to approve the first amendment oft the Annexation Agreement.
NOW, THEREFORE, T ORDAINED BY THE PRESIDENT F
TRUSTEES E VILLAGE OF BUFFALO , COOK AND LAKE COUNTIES,
ILLINOIS:
Section 1. This ordinance is made pursuant to and in accordance with the Village's
Zoning Ordinance, Development Ordinance and the Village's Home Rule powers, The preceding
Whereas clauses are incorporated erei .
Section . The amended Annexation Agreement, a copy of which is attached hereto
2
and made a part hereof as EXHIBIT B, is approved.
Section 3. The President and Clerk of the Village are hereby authorized to execute said
Agreement on behalf oft e Village of Buffalo Grove.
Section 4. This Ordinance shall be in full force and effect ftom and after its passage and
approval. This Ordinance shall not be codified.
AYES: 6—Berman- Trilling. Stein, Ottenheirner, Weidenfeld. Johnson
NAYES: 0 - None
ABSENT: 0 - None
PASSED: October 17, 2016.
APPROVED- October 17, 2016.
APPROVED:
Beverly SussUiVillage President
ATTEST-
r
Janet M-.'Sirabian, Village Clerk
This document was prepared by.-
Christopher Stilling
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, 16 0089
3
EXHIBIT A
AN ORDINANCE APPROVING THE
FIRST AMENDMENT OF THE ANNEXATION AGREEMENT
FOR SPEEDWAY SERVICE STATION AT
201 N MILWAUKEE AVENUE, BUFFALO GROVE, ILLINOIS
Legal Description
Parcel I
Lots 21 and 22 in Block 3 in Unit No. 2 of Columbian Gardens, being a Subdivision of
Section 35, Township 43 North, Range 11, East of the Third Principal Meridian,
according to the Platt ereof, recorded July 10, 1926 as Document 282352, in Book'7'
of Plats, page 92 in Lake County, Illinois.
Parcel 2
The Westerly V2 oft he alley Easterly and adjoining Lot 21 in Block 3, and the Easterly
half of the Alley Westerly and adjoining Lot 22 in Block 3, all in Unit No. 2 of
Columbian Gardens aforesaid, vacated by the instrument recorded April 3, 1978 as
Document 1907357 in Lake County, Illinois.
Parcel 3
Lots 1 , 15, 16, 17, 18, 19, 20, 23, 24, 25 and 26 in Block 3 in Unit 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.
Parcel 4
The South Westerly half of vacated alley lying North Easterly and adjoining Lots 14 to
20, both inclusive, in Parcel 1, and the North Easterly half oft e vacated alley lying
South Westerly and adjoining Lots 23 and 24, and that part lying South Westerly and
adjoining and accruing Lot 25, Parcel 1, vacated by the Instrument recorded April 28,
1978, as Document 1913494, in Lake County, Illinois; and to the far side of any adjacent
unincorporated highway.
PARCEL INDEX NUMBER: 15-35-402-111
SUBJECT PROPERTY COMMON ADDRESS: 201 N Milwaukee Avenue
Buffalo Grove, IL 60089
EXHIBIT B
AN ORDINANCE APPROVING THE
FIRST AMENDMENT OF THE ANNEXATION AGREEMENT
FOR SPEEDWAY SERVICE STATION AT
201 N MILWAUKEE AVENUE, BUFFALO GROVE, ILLINOIS
First Amendment to the Annexation Agreement
FIRST AMENDMENT TO THE ANNEXATION AGREEMENT FOR
SPEEDWAY SERVICE STATION AT
201 IS MILWAUKEE AVENUE,BUFFALO GROVE, ILLINOIS
VILLAGE OF BUFFALO GROVE
COOK AND LAKE COUNTIES, ILLINOIS
This agreement("First Amendment")is made and entered into as of this 17th day of October,2016 by
and between the Village of Buffalo Grove("Village")by and through the President and oard of Trustees of
the Village(hereinafter collectively referred to as the"Corporate Authorities")and Speedway LLC,a Delaware
limited liability company and successor-by-merger to Emro Marketing Company("Owner").
ITNEET _ :
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, the Village entered into an eatio Agreement approved June 7, 1993 with E ro
Marketing Company which was approved by Village Ordinance No. 43-43 (hereinafter referred to as the
"Original Agreement") for the real property("Property") legally described in I hereto; and,
WHEREAS, Owner is the owner of a certain tract of property ("Property") comprising 1.9 acres
legally described and identified in the Legal Description, attached hereto as EXH1131T A and made a part
hereof, known as 201 N Milwaukee Avenue; and,
WHEREAS,Owner has requested approval of an amendment to the original Preliminary Plan to build
a 350 square foot addition as depicted on EXHIBIT B and EXIIE31T C and made a part hereof; and,
WHEREAS,pursuant to the provisions of Section 5111-15.1-1 at seq.,of the Illinois Municipal Code
( 5 ILCS 5111-15.1-1 at seq.)and as the same may have been modified by the Village's Home Rule Powers,a
proposed First Amendment to the Original Agreement for a revised Preliminary Plan was submitted to the
Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by Statute; and,
WHEREAS, the President and Board of Trustees after due and careful consideration have
concluded that an amendment to the Original Agreement("First Amendment")approv° g the preliminary l
request for the Property would serve the best interests of the Village; and,
1
WHEREAS, the following EXHIBITS, some of which were presented in testimony given by the
Owner or the witnesses during the hearings held before the President and Board of Trustees prior to the
execution of this First Amendment, are hereby incorporated by reference herein, made a part hereof and
designated as shown below.
EXH1131T A Legal Description
EXHIBIT B Site Plan 0 page)
EXHIBIT C Building Elevations(I page)
NOW,THEREFORE,in consideration of the premises,mutual covenants and agreements herein set
forth, the parties hereto agree as follows:
I. The preceding Whereas clauses are incorporated herein.
2. That certain Annexation Agreement dated June 7, 1993 approved by Ordinance No.93-43 is hereby
amended to allow the construction on the Property of an addition to the existing building as depicted
in EXHIBIT B and EX IT C.
3. All references, conditions and obligations to the Property in the Original Agreement not otherwise
amended by this First Amendment shall remain in full force and effect.
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.
VILLAGE OF BL --FALO GROVE
By_
BEVERLY SUSS N, Village President
ATTEST:
By—Tsa-ZA-Tyl
VILLAGE CLERK
2
SPEEDWAY LLC, A DELAWARE
LIMITED LUBILITY COMPANY
By-z'
Gregory S. Whitman, Director of Real
Estate and Operations Planning
This document prepared by:
Christopher Stilling
Village of Buffalo Grove
50 Rau pp Blvd.
Buffalo Grove, Illinois 60089
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
#675890
EXHIBIT A
FIRST AMENDMENT TO THE ANNEXATION AGREEMENT FOR
SPEEDWAY SERVICE STATION AT
201 N MILWAUKEE AVENUE,BUFFALO GROVE, ILLINOIS
Lemal Description
Parcel 1
Lots 21 and 22 in Block 3 in Unit No. 2 of Columbian Gardens, being a Subdivision of 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.
Parcel 2
The Westerly V2 of the alley Easterly and adjoining Lot 21 in Block 3, and the Easterly half of the
Alley Westerly and adjoining Lot 22 in Block 3, all in Unit No. 2 of Columbian Gardens
aforesaid,vacated by the instrument recorded April 3, 1978 as Document 1907357 in Lake
County, Illinois.
Parcel 3
Lots 14, 15, 16, 17, 18, 19, 20, 23, 24, 25 and 26 in Block 3 in Unit 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.
Parcel 4
The South Westerly half of vacated alley lying North Easterly and adjoining Lots 14 to 20,both
inclusive, in Parcel 1, and the North Easterly half of the vacated alley lying South Westerly and
adjoining Lots 23 and 24, and that part lying South Westerly and adjoining and accruing Lot 25,
Parcel 1,vacated by the Instrument recorded April 28, 1978, as Document 1913494, in Lake
County, Illinois-, and to the far side of any adjacent unincorporated highway.
PARCEL INDEX NUMBER: 15-35-402-111
SUBJECT PROPERTY COMMON ADDRESS: 201 N Milwaukee Avenue
Buffalo Grove, IL 60089
EXHIBIT B
FIRST AMENDMENT TO THE ANNEXATION AGREEMENT FOR
SPEEDWAY SERVICE STATION AT
201 N MILWAUKEE AVENUE,BUFFALO GROVE,ILLINOIS
Site Plan
AVENUE,EXHIBIT C
FIRST AMENDMENT TO THE ANNEXATION AGREEMENT FOR
SPEEDWAY SERVICE STATION AT
201 N MILWAUKEE BUFFALO GROVE,ILLINOIS
Building Elevations
s
GENERAL NOTES
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