1979-005 V I\V 1 I.f 11 Y 1 L. Ilk). /-7 - J
AN ORDINANCE AMENDING ANNEXATION AGREEMENT 24E,67679
DATED JUNE 2, 1978 AND AMENDING ORDINANCE
NO. 78-45 (Arlington Country Club Condos)
'WHEREAS, the Village President and Board of Trustees, did, by Ordinance
No. 78-45, approve an Annexation Agreement dated June 2, 1978 between the Village
and Harris Trust and Savings Bank, as Trustee under Trust No. 31067, dated April 1 ,
1963 and; Edward L. Holzrichter; and Daniel I . Taggart, Jr. as beneficiary of Harris
Trust No. 31067, both individually and as Trustee of the Residuary Trust under the
Last Will and Testament of Daniel I . Taggart , Deceased and Elsie Tagqart , as bene-
ficiary under Harris Trust No. 31067, and
WHEREAS, it has been determined that the legal description of the annexed
property needs to be corrected; and
WHEREAS, the aforesaid owners have requested that the terms and conditions 41-b
of the aforesaid Annexation Agreement be amended, and (�
WHEREAS, proper and due notices of public hearings and all public hearings
required by law to execute the provisions of an amendment of the Annexation
Agreement have been held in the manner provided by law, and
WHEREAS, the President and Board of Trustees have considered said Amendment
of Annexation Agreement and have determined that the adoption of said Amendment
is in the best interests of the Village of Buffalo Grove.
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 : That a certain Amendment of Annexation Agreement dated
January 22, 1979 by and between the Village of Buffalo Grove and
Harris Trust and Savings Bank, as Trustee under Trust No. 31067, dated April 1 ,
1963 and; Edward L. Holzrichter; and Daniel I . Taggart, Jr. as beneficiary of
Harris Trust No. 31067, both individually, and as Trustee of the Residuary Trust
under the Last Will and Testament of Daniel I . Taggart, Deceased, and Elsie Taggart,
as beneficiary under Harris Trust No. 31067, and Bernard Katz and Company, Inc. ,
an Illinois Corporation, be and the same is hereby approved. A true and correct
copy of said Amendment of Annexation Agreement, as approved by the Corporate
Authorities of the Village of Buffalo Grove, is attached hereto and made a part
hereof -as Exhibit "A".
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SECTION 2• That the legal description contained in Ordinance No.
-�- 78-45 is
hereby amended to read as follows :
The North 242.0 feet of the South 275.0 feet of the West
1100.0 feet of the East 1870.22 feet of the Southeast 4
of Section 4, Township 42 North, Range 11 East of the third
principal meridian, also the South
33 130
feet of the West 1100 feet of the East f1870.22eet oftfeetast of the
Southeast 4 of Section 4, Township 42 North, Range 11 East
of the third principal meridian,
Also the North 50 feet of that
Section 9, Township 42 North part of the Northeast � of
Range 11 East of the third
principal meridian which lies West of a line extended
Southerly 770.22 feet West of and
Parallel with the East
line of said Section 4
Township42 North, Range 11 East
of the third principal meridian, and which lies East of a line
extended Southerly 900.22 feet West of and
parallel
the East line of said Section 4, Township 42 North, Range
11 East of the third principal meridian, in Cook County,
Illinois, in addition that portion of the full width of all
adjoining right of ways which do not currently lie within
any municipal corporate bou
ndaries-'a ri e
s.. `.
6.3588 acres. scontaining approximately
SECTION 3: The Village President and the Village Clerk are hereby
to execute said Agreement on behalf of the Village of Buffalo Grove. authorized
SECTION 4: This ordinance shall be in full force and effect from and after
its passage and approval in the manner provided by law.
AYES : 5 - Bogart, Stone, Mendenhall , Kandel , Fabish
NAYES : 2 - Rech, Marienthal
ABSENT: 0 - None `
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PASSED: January 22 �I
f 1979.
APPROVED: January 22
1979.
APPROVED:
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AMENDMENT OF ANNEXATION AGREEMENT
DATED JUNE 2, 1978
THIS AGREEMENT is made and entered into this 22nd day of January, 1979,
by and between the VILLAGE OF BUFFALO GROVE, ILLINOIS (sometimes for convenience
hereinafter referred to as "Village") , by and through the President and Board of
Trustees of the Village of Buffalo Grove, (sometimes for convenience hereinafter
collectively referred to as the "Corporate Authorities") , and HARRIS TRUST and
SAVINGS BANK, as Trustee under Trust Number 31067, and not individually, dated
April 1 , 1963 (hereinafter referred to as "Owner") and EDWARD L. HOLZRICHTER
(hereinafter referred to as "Developer") and DANIEL I . TAGGART, JR. as beneficiary
of Harris Trust No. 31067, both individually, and as Trustee of the Residuary
Trust under the Last Will and Testament of DANIEL I . TAGGART, Deceased and ELSIE
TAGGART, as beneficiary under Harris Trust No. 31067, and BERNARD KATZ & CO, INC. ,
an Illinois corporation hereinafter referred to as "Katz") .
W I T N E S S E T H
WHEREAS, an Annexation Agreement was entered into by and between the parties
hereto on June 2, 1978, covering the property legally described as follows r
The South 275.0 feet of the West 1100.0 feet of the
East 1870.22 feet of the Southeast 1/4 of Section 4,
Township 42 North, Range 11 , East of the Third Prin-
cipal Meridian (except the South 50.0 feet thereof, �
taken for Dundee Road) in Cook County, Illinois (here- �
inafter referred to as "Subject Property") , and
WHEREAS, it has been determined that the legal description of the annexed
property together with certain adjacent street right of ways needs to be corrected
to read as follows :
The North 242.0 feet of the. South 275.0 feet of the West 1100.0
feet of the East 1870.22 feet of the Southeast 4 of Section 4,
Township 42 North, Range 11 East of the Third Principal Meridian,
also the South 33 feet of the East 130 feet of the West 1100 feet i
of the East 1870.22 feet of the Southeast 4 of Section 4, Township
42 North, Range 11 East of the Third Principal Meridian,
Also the North 50 feet of that part of the Northeast -q' of Section 9,
Township 42 North, Range 11 East of the Third Principal Meridian
which lies West of a line extended Southerly 770.22 feet West of
and parallel with the East line of said Section 4, Township 42 North ,
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WHEREAS, the Subject Property was duly annexed to the Village
by Ordinance No. 78-46 and was zoned by the Village by Ordinance No.
78-47; and
WHEREAS, said Annexation Agreement was approved by the Corpor-
ate Authorities by Ordinance- No. 78-45; and
WHEREAS, the Developer has an option to purchase the Subject
Property from the Owner; that Katz has a contract to purchase said
option from Developer; and
WHEREAS, the Owners have requested that the terms and conditions
of the aforesaid Annexation Agreement be amended, and
WHEREAS, the Corporate Authorities of the Village, after due
and careful consideration, have determined that the amendment of the
aforesaid Annexation Agreement in the manner and on the terms and
conditions set out herein will be highly beneficial to the Village,
further the plan and growth of the Village, and will otherwise en-
hance and promote the general welfare of the Village, and
WHEREAS, pursuant to the provisions of Section 11-15.1-1,
et seg. of the Illinois Municipal Code (Chapter 24 , Illinois Revised
Statutes) of 1971, a proposed Amendment of Annexation Agreement in
substance and in form the same as this Agreement was submitted to the
Corporate Authorities and a public hearing was held thereon pursuant
to proper and due notice as provided by statute.
NOW, THEREFORE, in consideration of the foregoing and of the
mutual covenants and agreements herein contained, it is hereby agreed CO
as follows:
1., That the Plat of Annexation attached as Exhibit "A" to the
Annexation Agreement dated June 2', 1978 and identified as being Order
Annexation attached to this Amendment as Exhibit ''A"
and identified as being Order No. 775806-A by Certified Survey Company, and being
further identified as including the following legally described real property:
The North 242.0 feet of the South 275.0 feet of the West 1100.0
feet of the East 1870.22 feet of the Southeast � of Section 4,
Township 42 North, Range 11 East of the Third Principal Meridian,
also the South 33 feet of the East 130 feet of the West 1100 feet
of the East 1870.22 feet of the Southeast � of Section 4, Township
42 North Range 11 east of the Third Principal Meridian,
Also the North 50 feet of that part of the Northeast 4 of Section 9,
Township 42 North, Range 11 East of the Third Principal Meridian
which lies West of a line extended Southerly 770.22 feet West of and
parallel with the East line of said Section 4, Township 42 North, Range
11 East of the Third Principal Meridian, and which lies East of a line
extended Southerly 900.22 feet West of and parallel with the East line
of said Section 4, Township 42 North, Range 11 East of the Third Principal
Meridian , in Cook County, Illinois , in addition that portion of the full
width of all adjoining right of ways which do not currently tie within
any municipal corporate boundsri..es; containing approximately 6.3588 acres.
2. That paragraph 29 of the Annexation Agreement is hereby amended to read
as follows :
29. In the event that Developer or Katz shall fail for any reason to
consummatathe purchase of the Subject Property from the Owner prior
to March 31 , 1979, then upon the Petition of Owner, the Subject
property shall be disconnected from the Village. If said Petition
to disconnect is not filed by the Owner by September 30, 1979, then
this paragraph shall be null and void and no right to disconnect
shall remain in the Owner.
�f
39
That attached to the Annexation Agreement were the following Exhibits:
(a) Exhibit "B" which was a Plan of Development prepared by JOSEPH RACCUGLIA and
dated March 23, 1978, (b) Exhibit "D" which was Base Grade Elevations; that said
Exhibit "B" is hereby deleted and Exhibit "B" attach-ed hereto and made a part
hereof being 'Proposed 102 Unit Condominium Development, Buffalo Grove, Illinois '
prepared by RABIN LE NOBLE, ASSOCIATES, ARCHITECTS, PLANNERS Commission No. 7838,
dated November, 1978, Revised January, 1979 and 1/12/79 consisting of three (3)
sheets , is substituted therefor, and that said Exhibit "D" is amended by adding
thereto the Exhibit "D" attached hereto and made a part hereof, being a 'design Wr
Cad
elevation of sidewalk established at 100 '00'; maximum top of building mansard roof •s�
at elevation 145'00" (45'00" height above sidewalk) ' prepared by RABIN LE NOBLE
dated January 12, 1979, Commission No. 7838, and all references to said Plan
of Development and fuse Grade Elevations in
said Annexation Agreement shall mean as amended by this paragraph 3,
and any modifications in the preliminary engineering plans which are
attached as Exhibit "C" to the Annexation Agreement, caused by the
foregoing, are hereby approved.
4. That paragraph 22 of the Annexation Agreement is amended
to read as follows:
22. This Agreement shall be binding upon and inure *to the
benefit of the parties hereto, their respective successors
and assigns, including, but not limited to BERNARD I:ATZ
and Co. , INC. The parties acknowledge and agree •that the '
individuals who are Members of the group constituting the '
Corporate Authorities are entering into this Agreement in.
their official capacities and shall have no personal lia-
bility in their individual capacities for any matter covered
by or referred to in this Agreement.
5. That paragraph 14 and 15 of the Annexation Agreement are
hereby amended as follows:
14. The Developer has submitted building and landscgping
plans, which plans attached hereto as Exhibit "C" to
this amendment, conform to the requirements of Village
ordinances.- The 'Developer will comply with any reason-
able request -of the Village Engineer related to place-
ment of structures , to preserve drainage 'standards.
15. The Developer has submitted, as part of the landscaping
plan submitted as provided in Paragraph -14, a plan to
provide for the preservation (except -at the location of
the driveway as shown on the Plan of Development) of the
existing tree line along the South boundary of the Sub-
ject Property. The final plat of subdivision "wil.1 contain
or be accompanied by a covenant running with the 'land re-
stricting construction or other activities inconsistent N
with 'the continuous maintenance of such tree line.' In ad-
dition, the Developer agrees to take proper precautions ( j
to preserve 'such tree line, as aforesaid, during the period tT�
of construction. If any trees in said existing tree line
are damaged in any way prior to the end of construction, �
Developer shall replace said trees) with like kind, at
his sole cost and expense,/and Developer, .its successor' or
assigns , including any condominiun entity, if the Property
is submitted to the Illinois Condominium Property Act pur-
suant to paragraph 18 of the Annexation Agreement will pro-
vide the Village with a cash bond in amount of $10,000
prior to approval of final plat of subdivision for replace-
ment of any and all damaged or deceased trees within said
tree line pursuant to the terms hereof. Said cash bond
shall be effective for ten (10) years from date of final
plat approval.
6. That paragraph 23 of the Annexation Agreement is hereby
amended to read as follows :
23. Developer agrees to comply wi.th 'thd provisions
of Village Ordinance 'No. 77-72 retarding park
donations ,- according to a schedule 'under which '
it will make' 'contributions of money, in lieu of
1 contributions of -land for park sites, by way of
paymennt of a lump sum to the Buffalo Grove lurk
District.- The 'contribution of money to the Buffalo
Grove Park District will be made byway of payment
to the Village. -The total cash contribution under _
this paragraph 23 shall be $22,750 .00 to be paid on
or before April 1, 1979 .
7. That in paragraph 24of the Anne xation'Agreement the total
cash contribution to School District #21 is hereby changed from
$2,566.67 to $3,308. 29, and the total cash contribution to School p
District #214is hereby changed from $786.95 to $1,075. 50.
8. If any provisions of the Amendment Agreement are held in-
l
valid, such provisions shall be deemed to be excised herefrom and the
invalidity thereof shall not effect any of the other provisions con-
tained herein.
.SEE PLAT JACKET
REGARDING THIS
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9. This Amendment Agreement may be recorded with the County
Recorder of Cook County.
IN WITNESS WHEREOF, the Corporate Authorities , Katz, Owner and De-
veloper have caused this instrument to be executed in their own proper
name or by their respective proper officers duly authorized to execute
same on e day and year first above written.
E VILLAGE OF BUFFALO GROVE, a Mu-
4,0
y
nicipal Corporation of the .State 'of
ro
Ill
Ill, .. �inois
By:_ .p
w ✓ ,, z age re ent
.5ubject to the eXculpatory provisions
attached hereto and made a part hereof.
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✓ HARRIS TRUST & SAVINGS BALK, a corpora-
�' tion of Illinois , as Trustee:, under the
�'" '� ✓� ,..o provisions of a Trust Agreenierit dated
April• �� �, 31067.1. �. , and known Trust No.
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By:
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BENEFICIARIES OF OWNER:
L. _ R
Danx.e il T
gg ,µ ivi ua
and as Truste f th� esiduary Trust
(under the Last Will' & Testament of
BLOCHE, FRENCH & RAYSA (Daniel I. Taggert, Deceased.
ATTORNEYS AT LAW
SUITE 332 loll LAKE STREET
N" FARK, ILLINOIS 60301 X.IERT
iBRIR7� BERN KATZ &- CO. , INC.
By: `