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2017-04-17 - Ordinance 2017-016 - APPROVING ANNEXATION AGREEMENT22090 N. Prairie Road IRIIIIIIIIIIIIIE1,711INIFINI � I III , I 1 0 0 MM= 1 11 IINII W,ection 2. The President and Clerk of the Village are hereby authorized to execute sai-i MHMMM•� C,ection 3. This Ordinance shall be in full force and effect from and after its passage an,-i P AYES: 5 — Berman, Trilling, Ottenheimer, Weidenf0d, Johnson NAYS: 0 - None ABSENT: 1 - Stein PASSED: April 17, 2017. APPROVED: April 17, 2017. ATTEST: APPROVED: Janet-M. Sirabian, Village Clerk Christopher Stilling Village Clerk 50 Raupp Boulevard Buffalo Grove, IL 60089 Annexation Agreement William M. and Mary Sue Hoffmann Property 22090 N. Prairie Road William M. and Mary Sue Hoffmann Property 22090 N. Prairie Road this l?"'I, day of 2017, 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 William P9 Hoffmann and Mary Sue Hoffmann (hereinafter referred to as "Owner") WITN ESSETH: III VITV.9 t 21141. WTI M ff 0- 719 1 31illi:ii llii:iriiiill I 111 0 -�-- �W M-114040011114 MEMOMM WHEREAS, a Plat of Annexation of the territory to be annexed is attached hereto as XN: :M WHEREAS, Owner desires to annex the Property pursuant to the provisions ant MEMM-221m, WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et seq., of the Illinois Municipal Code (65 ILCS 5/11-15.1-1 et seq.) 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, IN 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 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 as follows: 1. Applicable Law. This Agreement is made pursuant to and in accordance with the provisions of Section 5/11-15.1-1 et seq., of the Illinois Municipal Code (65 ILCS 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. 2. Agreement: Compliance and Validity. The Owner has filed with the Village Clerk of the Village a proper petition pursuant to and in accordance with the provisions of Section 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 rm-faITM7 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 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 R2 One -family Dwelling District subject to the restrictions further contained W 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 the construction of an addition to the existing detached single-family house on the Property. The addition shall be in accordance with the Buffalo Grove Development Ordinance and Zoning Ordinance. 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 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 construction of a single-family house. The existing home and future expansion shall be subject to Section 17.24 of the Buffalo Grove Zoning Ordinance. 7. 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 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 4Am"uwW.2Y or additional fees hereinafter charged by the Village to owners and developers of properties within the Village. All building permit fees shall be in accordance to Chapter 1.16 of the Buffalo Grove Municipal Code. 8. Water Provision. The Owner shall be permitted and agrees to tap on to the Village water system at points recommended by the Village Engineer pursuant to a final engineerin.N rd plan, which is subject to approval by the Village. Said connection shall occur within twelve (12) months from the date of this Agreement. The Owner further agrees 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 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 to the best of its ability and in a non-discriminatory manner water service to the Property for the existing single-family residence on the Property. 9. Storm and Sanitary Sewer Provisions. A. Owner shall connect the existing single-family house to the Village's sanitary sewer system at the location designated by the Village Engineer, pursuant to the final engineering plan approved by the Village. Said connection shall occur within twelve (12) months from the date of this Agreement. The Owner further agrees to pay to the Village such fees in accordance with the applicable Village Ordinances at the time of the issuance of the permit. B. 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 and in accordance with applicable Village Ordinances. C. For any future development, the Property shall connect to the Village's storm sewer system to serve the Property at such time that the Village determines storm sewer service is available to serve the Property. Said improvements shall be made pursuant to an engineering plan approved by the Village. 10. Drainage Provisions. The Owner shall comply with applicable stormwater regulations as determined by the Village Engineer to preserve drainage standards. 11. Security for Public and Private Site Improvements. A. In order to install the domestic water service connection and sanitary sewer connection, Owner shall provide a $2,000.00 right-of-way security to ensure proper restoration of the right-of-way. Said fee may be refunded upon successful completion of the work and final R and the Development Improvement Agreement as amended from time to time. 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 of credit, 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 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. 111 11111111111INT.-Tiff MINTOM additional right-of-way, from the existing centerline of Prairie Road and extending the full frontage of the Property along Prairie Road. Said dedication shall occur within twelve (12) months from the date of this Agreement in a manner and form acceptable to the Village Attorney. =1 IIII I'VIIIII M-WOMMOMM F11111113TI! INISIMICIRIFIRIII! P! III I MO I In M-, F. I TI, F 3 EM= 4XIMIN] NMEWIT Me For any new residential development on the Property, as III 111 111111111 111 11111 !1111111111111 111 !111!111 11 1111111111111 1�11 I , I - ' a 0 - the existing home, 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 contributions to the Village for conveyance to the Buffalo Grove Park District to fulfill the obligation of the Property concerning park donations. ;11111111, Ill !1 111111 Ili; 11111111111 lip pill ip,' 1111 111 � 11 ii I I ill TAFM M. iiii'llillilillililliiiii I iiiiiiiii1191•! 11 11 '1 1 1 rom 11154 ffeq F 3 ff-= IT 170 1 1 0 0 0 MWITATUM-Mir, 19. Annexation to the Buffalo Grove Park District. The Owner agrees, at the request iiyyilp �111p�ipy�lii 1 1 MI M-21 1! � 2! 1� I �, 1 11 IFMII� ii X, 131111111or-m- I i I i � I : � 11 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. 21. 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 -C Irom 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. 22. Corporate Capacities. The parties acknowledge and agree that the individuals 6 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. 23. 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. If to Owner: William M. and Mary Sue Hoffmann 22090 N. Prairie Road Prairie View, IL 60089 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Tressler LLP 233 S Wacker Drive, 22nd Floor Chicago, IL 60606 24. Default. In 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) calendar days to cure the 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 fails to 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 to the 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. r� 25. Litigation. 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 shd[ B. The Owner shall reimburse the Village for reasonable attorneys' fees, ; pg�yiiy� � I I I I I I I pi�pqljijji� � 11 1 ;1;�lp1 �, I,• M-711MM M1 C. Owner hereby indemnifies and holds the Village harmless from any U4 I F02 M rM I M ff M Men alm- 26. Special Conditions. A. It is understood and agreed that the Property is a single zoning lot. Any MHUFM•• 11111111! 11 i i I 1 11 1 � 11 i I � � � I R � I I � � I � � � � � 130070=- qe 1 � I � � � � � � � � 11 1 11 � � �: � 11 � � � � � 1; � � � I � � �•� 111 � �•� � 1 1 l � •I•''I 11;;jliil pi jjjry�lijli��Il The existing well and tank on the Property may be maintained for lanclscap�. VE existing exterior hose spigots connected to the existing well and tank. Any undergrour's irrigation system is subject to review and approval by the Village. In the event that the w 11 becomes inoperable it shall be properly abandoned and sealed in conformance with the Sta if Illinois requirements and as approved by the Village. IN executed by their respective proper officials duly authorized to execute the same on the day VZO I � S SUSSrT ussnU, Village President rAIj a 14*1 By Janet M-'. Sirabian, Village Clerk illiam M. H an Mary'Sue H L mann 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, IL 60089 W W This instrument was acknowledged before me on /,? , 2017 •' Beverly Sussman, the Village President of the VILLAGE OF BUFFALO GROVE, an Illinois home rule municipal corporation, and by Janet Sirabian, the Village Clerk of said municipal corporation. Julie K=ka Notmy Public - State of Illinois MY Commission Expires Signsreof Notary 04A)6M 19 SEAL: EM My Commission expires: 0 /;? 0 / '-� Is ACKNOWLEDGEMENT NP This instrument was acknowledged before me on 2017 by William M. and Mary Sue Hoffmann, Signtore of Notary SEAL: Julie K MyComfission expires: dr q [my ca0m4Mni-WSS , a=o fa Mi is scion Expires 2019 .19-0 a 1UNT-TW-1 William M. and Mary Sue Hoffmann Property 22090 N. Prairie Road The South 130 feet of the North 260 feet of the East 335.5 feet of the Southeast Quarter of the Southeast Quarter of the Southwest Quarter of Section 21, Township 43 North, Range 11, East of the Third Principal Meridian in Lake County, Illinois E William M. and Mary Sue Hoffmann Property 22090 N. Prairie Road Ca q z m � � Q I _ &ow k R 5 cm rn FRIo toP