1989-002 1/4/89
ORDINANCE 89- 2
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT
(Sims/Schwartz Pro ert )
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; and,
WHEREAS, there has been submitted to the Corporate Authorities of the
Village of Buffalo Grove an Annexation Agreement; and,
WHEREAS, proper and due notices of public hearings on said Annexation
Agreement and Zoning have been given and public hearings were held; and,
WHEREAS, it is determined to be in the best interest of the Village of
Buffalo Grove to approve said Annexation Agreement.
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. 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: 6 - Marienthal Glover. Reid Shields, Shifrin, Mathias
NAYES: 0 - None
ABSENT:-0 - None
PASSED: January 9 1989
APPROVED: January 9 1989
APPROVED:
f _
VERNA L. CLAYTON, Village President
ATTEST:
Village Clerk
1/9/89
SIMS/SCHWARTZ PROPERTY
(Prairie Road)
ANNEXATION AGREEMENT
Table of Contents
1• Applicable Law. , ,
2. Agreement: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .om liance and Validit „ " "3
3. Enactment . . . . . . .
of Annexation Or " " " " " ,3
Ordinance
4. Enactment . . . . . . . . . . . . . .
of Zoning Ordinance. • • • • . . . • " " " '3
5, Approval of Plats.. . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
6. Com liance . . . . . . . . .with A " ' 4
Applicable Ordinances. , • � � • � �
7. Amen . . . . . . . .
dment . . . . . . . . . . . . . . . . .4
of Plan. . . ,
8. Building Permit Fees. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
9. Water Provision. • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
10. Storm and Sanitary . . . . . . . . . . . . . . . . . . . . . .tar Sewer Provisions. . .5
ions, • , , ,
11. Drainage Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
. . . . . . . . . . . .
12. . . . . . . . . . . . . . .
Recapture of Roadway Costs. " " " . . . . .7
13. Pa ment of Reca ture Fees " " " " " ' •7
Owed.14* . . .
Security for Public and P " • " " . . . .
Private Site Im.rovmen .. .15. Exhibits.
... . . . . . . . . . . . . . .
16. Annexation Fee. . . . . . , • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
. . . . . . . . . . . . .
17. Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Landsca ink; and Aesthetics Plans ,9
18. Pro' . . .ect Models .. . . . . . . . . . . . . . . . . . . .9
R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19. i ht of Wa
Dedication. . . , 9
20. Park District D . . . . . . . . . . . . .
onations. . . •9
21. School District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
Donations.
. . . . . .Par. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
22. Annexation to the Bu
ffalo Grove k District. . . .
23. Facilitation ' • • • • • • . .of Develo ment 10. . . . ' •
24• Enforceability . . . ,
of the Agreement. ' • ' ' ' ' ' • 10
25. Term of Agreement, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
26. Binding Effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 of Agreement.
27. Cor,)orate Capacities, • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
28. .. . . . . . . . . . . . . . . . . . . . . . . . .Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
29. Default. . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ll
30. Special Conditions. , ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
SIMS/SCHWARTZ PROPERTY
(Prairie Road)
ANNEXATION AGREEMENT
Location Map
56HA F
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Subject Property
1/9/89
SIMS/SCHWARTZ PROPERTY
(Prairie Road)
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and ente
red
into this 9th day of January, 1989, 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 Donald V. Sims and Evangeline Sims, and Cole Taylor/Main Bank
(formerly known as Wheeling Trust and Savings Bank) as Trustee under a trust
agreement dated July 2, 1985 and known as Trust Number 85-141 (hereinafter
collectively referred to as "Owner") , and Edward Schwartz and Company, an
Illinois corporation (hereinafter referred to as "Developer") .
W I T N E S S E T H:
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, Owner is the owner of a certain tract of property (hereinafter
referred to as the "Property") comprising 17.02 acres legally described and
identified in EXHIBIT A, which exhibit is made a part hereof and which real
estate is contiguous to the corporate limits of the Village; and,
WHEREAS, a Plat of Annexation, including street right-of.-way adjacent to the
Property, is attached hereto as EXHIBIT B, which depicts a total of 17.38 acres
to be annexed; and,
1
WHEREAS, Developer desires and proposes pursuant to the provisions and
regulations applicable to the R-2 and R-3
(One Family Dwelling) Districts of the
Village Zoning Ordinance to develop Property in accordance with and pursuant to a
certain Preliminary Plan prepared by JEN Land Design and dated as last revised
November 9, 1988, and also Preliminary Engineering Plan prepared by Donald
Manhard Associates, Inc. and dated as last revised November 21, 1988,
(hereinafter jointly referred to as "Preliminary Plan") a copy of which
Preliminary Plan is attached hereto as EXHIBITS D, E and E-1 and incorporated
herein, and subject to all other exhibits attached hereto or incorporated by
reference herein. Said development of Property shall contain 32 lots for
single-family detached housing for an overall (gross) density of 1 .88 dwelling
units per acre; and,
WHEREAS, pursuant to the provisions of Section 11-15. 1-1 et. seq. , of the
Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1987) 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 Plan Commission of
the Village has held a public hearing and made their recommendations with respect
to the requested zoning classification of R-2 and R-3 Districts; and,
WHEREAS, the President and Board of Trustees after due and careful consid-
eration 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:
2
1• plicable Law. This Agreement is made pursuant to and in accord
with the accordance
Provisions of Section 11-15. 1-1 et, seq. , of the Illinois Municipal Code
(Chapter 24, Illinois Revised Statutes 1987) and as the same may have been
modified by the Village's Home Rule powers. The preceding whereas clau
hereby made a part of this Agreement, ses are
2• Agreement: Compliance and Validit The Owner has filed with the
Village Clerk of the Village a proper petition pursuant
to provisions of Section 7-1-8 of the Illinois Municipal Code and in accordance with
Revised Statutes 1987) and as the same may have been modified(Chapter 24, Illinois
Home Rule powers, conditioned on the execution of this by the Village's
Agreement and the compli-
ance with the terms and provisions contained herein to annex the Property to the
Village. It is understood and agreed that this Agreement in its entir
together with the aforesaid petition for annexation shall be ety,
null, void and of
no force and effect unless the Property is validly annexed to the Villa e validly zoned and classified in the R-2 g and is
and R-3 Districts, all as contemplated in
this Agreement.
3. Enactment of Annexation Ordinance. The Corporate Authorities wit
twenty-one (21) days of the execution of this Agreement b t hen
y
a valid and binding ordinance (hereinafter referred to as the "Annexation Ordi-
nance") annexing the Property to the Village.p Y g Said Annexation Ordinance shall be
recorded with the Lake County Recorder's Office along with the Plat of Anne
(attached hereto as EXHIBIT B xation
Recordation shall take place no more than thirty
(30) days after enactment of Annexation Ordinance.
4• Enactment of Zoning Ordinance.
Within twenty-one (21) days after the
passage of the Annexation Ordinance, the Corporate Authorities shall
proper, valid and binding ordinance adopt a
zoning Property in the R-2 and R-3 Districts
as legally described in EXHIBIT A-1 attached hereto, subject to the restr
ictions
3
further contained herein and all applicable ordinances of the Villa
Grove as amended from time to time. Said ge of Buffalo
zoning shall be further conditioned on
the development of the Property in accordance with a Preliminar P by JEN Land Design and dated November 9 Y lan prepared
1988, (EXHIBIT D) , and the Preliminary
Engineering Plan b
prepared y Donald Manhard Associates, Inc. and dated November
21, 1988, (EXHIBITS E and E-1) .
5. Approval of Plats.
The Corporate Authorities hereby approve a Prelimi-
nary Plan (EXHIBITS D, E and E-1) pursuant to the provisions of the Deve
Ordinance and in addition agree to a 1OPment
pprove a Final Plan of Development or plats
or phases of the development of Property upon submission by the Develo complete and proper materials as required for the issuance of a Per of
ing and other permits based on final versions of the PPrOpriate build-
per
development of the Property Plans and drawings of the
P } as submitted by the Developer provided that the plat
or plats shall;
(a) conform to the Preliminary Plan, (EXHIBITS D, E, and E-1
and )
(b) conform to the terms of this Agreement and all applicable Village
Ordinances as amended from time to time;
(c) conform to the Development Improvement Agreement (EXHIBIT C
and
amended from time to time. ) as
6• Compliance with A
licable Ordinances. The Developer agrees to
comply with all ordinances of the Village of Buffalo Grove a
ment of the Property, s amended from time
to time in the development P y, provided that all new ordinances,
amendments, rules and regulations relating to zoning, building and subdi
land adopted after the date of this Agreement shall not be arbitraril vision of
discriminatorilyy or
applied to the Property but shall be equally applicable to all
property similarly zoned and situated to the extent possible. Developer
development of the Property shall comply p � in the
P Y with the standards set forth in the
Village of Buffalo Grove Development Ordinance as amended from tim
e to time.
4
7• Amendment of Plan. If the Developer desires to make chap
Preliminary Plan, as herein a ges in the
approved, the parties agree that such changes in the
Preliminary Plan will require, if the Village so determines, t
amended he submission of
plats or plans, together with
proper supporting documentation, to the
Plan Commission and/or the Corporate Authorities to consider s
Agreement. The Corporate Authorities ma uch changes to this
y, at their sole discretion, require
additional public hearings and may review the commitments of rec
ord contained in
this Agreement, including, but not limited to fees, prior to final consideration
of any change in the Preliminary Plan. The Village Manager is hereby authorized
to approve such minor changes as he deems appropriate, provided t changes--(a) involves a reduction of the area set aside for haft no such
co
nor b mmon open space;
increases by more than two percent (2%) the total ground area ea covered by
8. Building Permit The building permit fees may be inc
time to time so ion reased from
g as said permit fees are applied consistently to all other
developments in the Village to the extent possible. In the eve
arises between the Developer and the Village on any en event a conflict
matters subject to this Agreement engineering and technical
, the Village reserves the right to pass along
any and all additional expenses incurred by the use of consultants i
and inspection of the development from time to time. n the review
non-discriminator Developer shall pay any
Developer or property within
y new or additional fees hereinafter charged by the Village to
the Village,
9• Water Provision. The Developer shall be permitted and a r
to the Village water system stem at point g ees to tap on
g s recommended b
Points to the extent shown on EXHIBIT g_ y the Village Engineer which
1 are hereby approved by the Village,
however, it is understood that changes to the Preliminary En
required at the time of final engineering. Engineering Plan may be
The Developer further agrees to pay
5
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 Develo e
accept an P r agrees to
y 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 exte Possible. Following such to nt
p on, the Village agrees to provide to the best of
its ability and in a non-discriminatory manner water service to all
Property in accordance with the Preliminaryusers on the
Plan, Watermains serving the Proper-
ty and those approved as part of the development shall be installed by the
Developer and, except for service connections to the buildings shall
installation and acceptance by the Village , upon
through formal acceptance action by
the Corporate Authorities, be dedicated to the Village and become a
Village water system maintained b part of the
y the Village.
10. Storm and Sanitary Sewer Provisions.
A. The Corporate Authorities agree to cooperate with the
use their best efforts to aid Developer in ObtainingDeveloper and to
mental agencies Navin such permits from govern-
mental jurisdiction as may be necessary to authorize connection
from the proposed development to the Lake County Public Works Department
collection of sewage and to the Lake County Division of Transportation a for the
appropriate. The Developer shall construct on-site and Off-site s may be
P
as may be necessary to service the Property, ite sanitary sewers
Y y
P y, as per EXHIBIT E-1, however, it is
understood that changes to the Preliminary Engineering Plan may be re u'
the time of final engineering, p q fired at
g, Uponinstallation and acceptance b
throu g P
h formal acce tance action by the C Y the Village
Corporate Authorities, the Corporate
Authorities agree to operate and maintain such systems, except for sanitary
service connections. The Developer agrees P y rees to accept an increase nary sewer
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,
6
B. The Developer shall also construct on the Property
storm sewers which may be necessary P y in question any
to service the Property, as per EXHIBIT E,
however, it is understood that changes to the Preliminary Engineering
Lequired at the time of final engineering. Plan may be
Upon installation and acceptance by
the Village through formal acceptance action by the Corporate Author's Corporate Authorities agree to operate and maintain that portion of ties, the
the storm
Public sewer system which serves streets, or multiple P properties, and the Devel-
oper agrees to operate and maintain that portion of the storm sewer system
located on the subject Property and not dedicated y m
p y and shall record a covenant to
that effect within thirty (30) days of the recording of the Plat of
11. Subdivision.
Drainage Provisions. The Owner shall fully comply with an
the Village Engineer related to the placement of buildings on lots y request of
drainage standards. The Developer shall install an to Preserve
which are required to eliminate standingy storm sewers and/or inlets
which may, p water or conditions of excess sogginess
in the o inion of the Village Engineer, be detrimental to the and maintenance of lawn grasses. growth
12. Reca ture of Roadway Costs. It is further understood and
in consideration for the improvements bein agreed that
g made by the Developer with respect to
the extension of Brandywyn Lane, Prairie Road and the intersection t
improvements ma hereof, which
y benefit certain contiguous parcels of property presented not
located in the Village (as depicted on EXHIBIT F) , the Village agrees
appropriate ordinances g s to enact
providing that the Developer shall be entitled to a
recapture of 50 percent of the cost of the improvements, provided the foll
conditions are met: owing
i) the benefitted properties shall be annexed to the Village
of Buffalo Grove and the Village approves a subsdivision plat of the r and; ii) access from the benefitted propertyp oPerty
to Rrandywyn Lane is
e shall determine Provided the
Village. The Villa ne the
g proportionate share of benefit.recapture ordinance shall only be enforceableSaid
for seven (7) years
7
from its passage. The Village and Developer agree to use their best efforts to
cooperate to achieve the most practical and feasible route to the off-site
utilities connection points. The Village agrees to cooperate with the Developer
in effectuating recapture from future developers as appropraite.
The Village shall be entitled to a five percent (5%) fee from any amounts
hereby recaptured as and for its collection efforts.
13. Payment of Recapture Fees Owed. Any amount of recapture including for
sanitary sewer service, required to be paid by this Property shall be due and
payable upon final platting of the first phase of this development.
14. Security for Public and Private Site Improvements. Security for public
and private site improvements shall be provided in accordance with the Dev
elop-
ment Ordinance, and the Development Agreement (EXHIBIT C) 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 Attor-
ney. 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.
15. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Developer or the witnesses during the hearing held before
the Plan Commission and 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. This Agreement, upon execution by the parties,
together with copies of all EXHIBITS, shall be kept on file with the Village
Clerk and be available for inspection to the parties hereto.
EXHIBIT A, A-1
EXHIBIT B Legal Descriptions
EXHIBIT C Plat of Annexation
EXHIBIT D Development Improvement A
Preliminary Plan n Y JEN Land Design dated November
EXHIBIT E, E_1 (revised)
Preliminary Engineering Plan by Donald
EXHIBIT F Associates dated November 21 (revised)
d
Area subject to 1988 (revised)
1989) roadway recapture costs (January 3,
16. Annexation Fee,
The Developer agrees to pay an annexation fee in an
amount equal to
$400.00 per dwelling unit which fee shall be payable prorata at
issuance of building permits. However, this fee
the ex shall be paid in full prior to
piration of this Agreement.
17. Build -
Landscaaing and Aesthetics Plans.
building and landsca ---- Developer will submit
ping plans (which landscaping plans shall conform to the
requirements of Village Ordinances) for approval by the A the Corporate Authorities before commencingPpearance Commission and
construction of buildings. Lighting
and signage shall be compatible with surrounding areas,
con-
struction or completed shall be Phases not under maintained in a neat and orderly fashion as
determined by the Village Manager.
18. Project Models.
The Village agrees to permit the Developer to
construct and
maintain one (1) model area on the Property, consisting maximum of three (3) buildings, g of a
g with suitable off-street parking areas, all
subject to Appearance with
approval. Such construction shall be
ance with the provisions of the Village's Buildingin compli-
of building Code in existence at the
g permit issuance. Further, the Developer may time
project office for Y utilize models onl� the marketingof y as a
portions of the Property. Such use shall be
discontinued when the project contemplated herein has been en fully and finally
19. Right of Way Dedication.
The Developer acknowledges that it is the
intention of the Village g and other involved agencies that at some time in the
9
future Prairie Road will be widened. At the request of the Villa than upon approval of the Final Plat of Subdivision, the Develo a gee but no Later
dedicate fourteen P r agrees to
(14) feet such additional right-of-way along Prairie Road as
may be required to permit said widening, and to provide a right-of-wa from the centerline. DeveloperY of 54 feet
agrees to dedicate a 60-foot wide segment and an
80-foot wide segment of right-of-way for the extension of Brand
depicted on EXHIBITS D and E. ywyn Lane as
Said dedication shall be made at the request of
the Village, but no later than upon ap
proval pproval of the Final Plat of Subdivision.
20. Pa District Donations. Developer agrees to comply with the visions of Title 19 of the Buffalo Grove Municipal Code as amended pro-
time regarding park d from time to
donations.
21. School District Donations.
Developer agrees to comply
visions of Title 19 of the Buffalo Grove Municipal Code P Y with the pro-
time regarding school donations. as amended from time to
Developer agrees that it will make contribu-
tions of cash to the Village for conveyance to School Districts #102 according to the criteria of said Title. and l�125
22. Annexation to the Buffalo Grove Park District. The Developer at the request of the Buffalo Grove Park District to a P agrees,
annex any part or all of
the subject Property to said Park District.
23. Facilitation of Develo ment. Time is of the essence of this and all parties will make ever Agreement,
y reasonable effort to expedite the subject matters
hereof. It is further understood and e agreed that the successful consummation of
this Agreement and the development of the Property in the best inter the parties requires their continued cooperation. gists of all
P The Owner/Developer does
hereby evidence his intention to fully comply with all Village requirements,
willingness to discuss an q irements, his
Y matters of mutual interest that may arise, and his
willingness to assist the Village to the fullest extent possible. Th
e Village
10
does hereby evidence its intent to always cooperate in the resolution
problems and its willingness to facilitate the development of the Pr
of mutual
contemplated by the provisions of this Agreement. °Perty, as
24. Enforceability of the Agreement. This Agreement shall be enf
in any court of competent jurisdiction b orceable
y any of the parties or b
action at law or in equity to secure the performance of the covenants appropriate
described, s herein
If any provision of this Agreement is held invalid
shall be deemed to be excised herefrom and the invalidity thereof shall Provisions
shall not
provisions affect any of the contained herein.
25. Term of Agreement. This Agreement will be binding on all ar term of twent P ties for a
Y (20) years from the date of the execution of this Agreement b
Village. This Agreement shall not be assigned without Y the
g
g prior written consent of
the Village.
26. Binding Effect of Agreement.
This Agreement shall be binding upon the
Property, the parties hereto
their respective successors and assigns.
27. Corporate Cap acitieG_ The parties acknowledge and agree that individuals that are members of the the
group constituting the Corporate Authorities
are entering into this Agreement in their official capacities as members o
group and shall have no f such
personal liability in their individual capacities.
28. Notices. Any notice required pursuant to the
Agreement shall be in writing and b Provisions of this
e sent by certified mail to the following
addresses until notice of change of address is given and shall be deemed
on the fifth business day following received
deposit in the U.S. Mail.
If to Developer: Edward Schwartz
Edward Schwartz and Company
1110 Lake-Cook Road, #270
Buffalo Grove, IL 60089
Copy to. Lawrence M. Freedman, Esq.
Ash, Anos, Freedman and Logan
77 West Washington Street
Chicago, IL 60602
11
If to Village:
Village Clerk
Village of Buffalo Grove
SO Raupp Boulevard
Buffalo Grove, IL 60089
Copy to; William G.
Raysa, Esq.
Bloche , French & Raysa
1140 Lake Street
Suite 400
Oak Park, IL 60301
29• Defer
A. In the event Owner or Developer defaults, in his
his obligations set forth in this Agreement the Performance of
n the Village, may, upon notice
to Developer allow Developer sixty (60) days to cure default or
to the Village that such default will be to evidence
cured in a timely manner if it cannot be
cured during said period.
If Developer fails to cure such default or Provide
such evidence as provided above, then, with notice to Deve begin proceedings to disconnect from the Village an o loper, the Village ma
Y p rtion of the Property upon
which develo
pment has not been completed or at the option of the Villa e
rezone such Propert to g � to
Y the R-E District zoning classification. In such event
this Agreement shall be considered to be the
nect such Petition of the Develo 'portion of the Propert Per to discon-
y, or at the Property to the R-E District zoning option of the Village to rezone such
classification.
B. In addition to sub-
paragraph A. hereof, it is recognized b
parties hereto that the Y the
re are obligations and commitments set forth herein which
are to be performed and
provided for by the Developer not by the Owner. The
Village e agrees that the Owner as such is exculpated from
any personal liability
or obligation to
perform the commitments and obligations set forth herein
that the Village will look solel y to th and
e Developer for such performance, except
that to the extent that the Developer or successor thereto shall become a
oper or shall designate or contract with a developer other th devel-
ian Edward Schwartz
12
and Company then in that case, the Owner or the new designee sh the liabilities, commitments and obligations of this A all be subject to
Agreement.
30. Saecial Conditions.
A. The following variation to the Village'
hereby granted: Section 16.50.040.C.3 - to Ordinance is
allow s Development a 4: 1 side slope for a dry
detention basin.
B. No lots other than Lots 1
� 2' 3 and 32 as depicted on EXHIBIT D
shall have driveway access to Brand
ywyn Lane.
C. Lots 1 and 32 as depicted on EXHIBIT D shall be revised at
time of final platting the
g to rovide the street radius required b
P
Division of Transportation. q Y the Lake County
D. Lot 32 shall be connected to the Village's water and sanita
sewer systems. Said connections shall be made at the time the water rY
a
sewer lines serving the Property are constructed as depicted on EXHIBTd sanitary
D. The minimum floor area for dwelling units constructed n he
Property on the P y shall be 2,200 square feet.
E. The stormwater detention area, as depicted on EXHIBITS D a
shall be conveyed to the Village if a and E
determined by the Village Engineer. design specifications a
applicable re met, as
F. Developer shall extend an 8-foot wide sidewalk north alon
Road from the north boundary of the Property g Prairie
P y to Woodlands at Fiore, Unit 1.
IN WITNESS WHEREOF, the Corporate Authorities and Developer have
instrument to be executed b y their caused this
respective proper officials duly authorized to
execute the same on the day and the year first above written.
13
VILLAGE OF BUFFALO GROVE
' l
VERNA L.
ATTEST: CLAYTON, Village President
Village Clerk
OWNER
ATTEST:
DEVELOPER
ATTEST:
DONALD J. SIMS
EVANGELINE SIMS
14
LEGAL DESCRIPTION
EXHIBIT "A"
PARCEL #1
Thee north 196.90 feet of the south 393.80 feet of the east 495.00 feet
also the west 239.59 feet of the east 734.59 feet of the north 460.90f and
eet
of the south 657.80 feet of the east 1 2 of
twestof Section
21, Township 43 North, Range 11, East of the ThirdrPrincipal/Meridian,
containing 207,876 square feet in Lake County, Illinois and
PARCEL #2
The 8 h 657.80 feet of the east 1/2 of the north west 1/4 of Section
21 ,
Township 43 North, Range 11, East of the Third Principal Meridian, (except-
ing therefrom the north 460.9 feet of the , in L -
east 734.59 feet thereof)
County, Illinois, n Lake
SUBJECT PROPERTY COMMON DESCRIPTIONr:
The approximately 17-acre tract on the west side of Prairie Road, south
Unit 1 of the Woodlands at Fiore. of
VILLAGE OF BUFFALO GROVE
ORDINANCE NO.
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
0 BUFFALO G VE
THIS DAY OF y�G�9 6
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook Lake Counties, Illinois,
this � day of 19 .
, -`Village Clerk
By
Deputy C.le k