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1983-014 AN ORDINANCE APPROVING ANNEXATION AGRENfrIL � �` `�� (Johnson Pro: erty) 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 Author- ities of the Village of Buffalo Grove a petition to annex the property legally described in Exhibit A hereto; and, WHEREAS, there has also 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. 1, r �r� Agreement and Zoning have been given and public hearings were held; and, w WHEREAS, it is determined to be in the best interests of the Village In09 of Buffalo Grove to approve said Annexation Agreement: ` V1 NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES all, as OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Co �'� SECTION 1. The Annexation Agreement, a copy of which is attached here_ Cr y to and made a part hereof as Exhibit "A" is approved. SECTION ON 2. The President and Clerk of the Village here hereby author- zied 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. cu AYES: - a r i en t..h..�a..l Stone, O'Reilly, H.a.�rtstein, Gerschefske, Schwartz 0 - None O NAYES: C3 ABSENT: 0 - None _�._...�.�.,_.._.�.�........ �LOCH9r;'1FRlPN¢H & R"SA. kc. -, AT LAB/ V March 21 1983 jV1t��4. 10 LAKE ST ql L PASSED: —,... .T_, _. ..._. T_e ®� 'ir APPROVE March 1 DNS B�RK. 1u!ligtg . APPROVED: Mah , 1983 APPROVED: ff l Village g President ®v Villa Clerk 2 t.. 18049 EBR:ng 12/2/82 Revised 3/16/83 ANNEXATION AGRE .MENm THIS AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this 21stday of March 1983 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 CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER A TRUST AGREEMENT DATED AUGUST 10 , 1950 , AND KNOWN AS TRUST NUMBER 34611 and CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER A TRUST AGREEMENT DATED JANUARY 15 , 1957 , AND KNOWN AS TRUST NUMBER 38945 (hereinafter collectively referred to as "Owner ") , the beneficiaries of which trusts are William Johnson, Catherine Johnson, Winifred Johnson and Catherine Richter. W I T N E S S E T H WHEREAS, the Village of Buffalo Grove is a homerule unit by c , virtue of the provisions of the Constitution of the State of Illinois of 1970; and Q; WHEREAS, Owner is the owner of a certain tract of property N comprising approximately 52.3 acres and bounded on the north by West Drive and on the west by Wheeling Avenue and on the south by -1- Lake-Cook Road and on the east by the Commonwealth Edison Company property and legally described and identified in the Petition for Annexation, which is attached hereto as Exhibit A and which exhibit is made a part hereof (hereinafter referred to as the "Property") and which real estate is contiguous to the corporate limits of the Village; and WHEREAS, the Owner desires and proposes that the Property be developed under the applicable provisions and regulations applicable to the Industrial District of the Village Zoning Ordinance; and WHEREAS, pursuant to the provisions of Section 11-15 .1-1, et. seq. , of the Illinois Municipal Code (Ill.Rev.Stat. 1979 Ch. 24) a proposed Annexation Agreement, in substance and in form substantially the same as this Agreement, was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notices provided by statute; and WHEREAS, pursuant to due notice and advertisement in the manner provided by law, the plan commission of the Village has held public hearing proscribed by law and made their recommenda- tions with respect to the requested zoning classification of Industrial District; and 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 Q� terms and conditions herein set forth would further enable the Village to control the development of the area and would best serve the interests of the Village. 2208049 -2- 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 11-15.1-1, et. seq. , of the Illinois Municipal Code (Ill.Rev. Stat. 1979 Ch. 24) and 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 (Exhibit A hereto) pursuant to and in accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code (Ill.Rev. Stat. 1979 Ch. 24) , conditioned on the execution of this Agreement and the compliance with the terms and provisions contained herein, to annex 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 and void and of no force and effect unless property is validly annexed to the Village and is validly zoned and classified in the Industrial District, all as contemplated in this agreement. 3 . Enactment of Annexation Ordinances. The Corporate Authorities, within twenty-one (21) days of the execution of this Agreement by the Village, will enact a valid and binding tL` ordinance (hereinafter referred to as the "Annexation Ordinance") C% annexing the Property to the Village. Said Annexation Ordinance shall be recorded with the Lake County Recorder ' s Office along 2208049 -3- with the Plat of Annexation (attached hereto as Exhibit B) . Recordation shall take place no more than thirty (30) days after enactment of the Annexation Ordinance. 4. Annexation of Additional Prop . Completely within the perimeter boundaries of the Property are certain lots which are not owned by Owner, the legal description of which lots is attached hereto and made a part hereof as Exhibit C. The Corporate Authorities agree to take all action necessary to annex such lots described on Exhibit C to the Village. Said annexation shall be recorded with the Lake County Recorder ' s Office and recordation shall take place no more than thirty (30) days after enactment of such additional Annexation Ordinance. The reasonable costs and expenses incurred by the Corporate Authorities in annexing the lots described on Exhibit C shall be paid by Owner. 5. Enactment of Zoning Ordinance. Within twenty-one (21) days after the passage of the Annexation Ordinance and within twenty-one (21) days after the passage of the additional Annexation Ordinance, the Corporate Authorities ' shall adopt proper , valid and binding ordinances zoning the Property and the additional lots described on Exhibit C in the Industrial District subject to the restrictions further contained herein and all Oj applicable ordinances of the Village of Buffalo Grove, as amended f rom time to time. Q; 6. Approval of Plat. The Corporate Authorities agree that Cr N the Property and the presently recorded Plat of Subdivision shows 22O8049 -4- the existence of various streets. The Corporate Authorities agree to approve Plats of Resubdivision as submitted by the Owner from time to time based upon the Owner ' s plans and development of the Property in conformity with the I zoning district under the Village zoning ordinance, provided that Owner shall defend and indemnify the Corporate Authorities with respect to claims by any owner of any lot listed on Exhibit C and lots 3 , 4 and 32 in Block 9 of Columbia Gardens Unit No. 4 for loss of access by reason of such Plat of Resubdivision. It is understood and agreed that prior to the Corporate Authorities' obligation to approve any Plats of Resubdivision, Owner will submit a Preliminary Development Plan in sufficient detail to conform with the Manual of Practice attached hereto and made a part hereof as Exhibit F or as subsequently codified by Village in a development ordinance (hereinafter referred to as the "Manual of Practice") except for lot lines and a subdivision improvement agreement substantially in conformity with Exhibit G. which exhibit is hereinafter described. It is also understood and agreed that the Preliminary Development Plan and/or Plats of Resubdivsion may involve vacating existing streets and the Corporate Authorities will take such action as is necessary to vacate and relocate streets as may be required. Q') 7 . Amendment of Preliminary Development Plan. If the Owner � Cp desires to make changes in the Preliminary Development Plan after GD the same is submitted, the parties agree that such changes in the Preliminary Development Plan may require, if the Village so 2208449 -5- determines, the submission of amended plats or plans, together with proper supporting documentation, to the Plan Commission and/or the Corporate Authorities to consider such changes. The Corporate Authorities may, at their sole discretion, require additional public hearings and may review the commitments of record contained in this Agreement, including, but not limited to, fees prior to final consideration of any change in the Preliminary Development Plan. The Village Manager is hereby authorized to determine if the requested changes to the Preliminary Development Plan are minor in nature and if he so determines, he is hereby authorized to approve such minor changes. 8 . Compliance with Applicable Ordinances. The Owner agrees to comply with all ordinances of the Village of Buffalo Grove, as amended from time to time, in the development of the Property, provided that all new ordinances, amendments, rules and regulations relating to such matters as zoning, building, minimum lot size, front yard setbacks, side yards, rear lot easement areas 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 properties QN', similarly zoned and situated. Owner, in the development of the Property, shall comply with the standards set forth in the Village of Buffalo Grove Engineering Standards as set forth in the Manual of Practice (Exhibit F) . 9 . wilding Permit Fees. The schedule of building permit fees presently in effect may be increased from time to time so 2ZO8049 -6- 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, it is agreed the Village reserves the right to pass along any and all reasonable additional expenses incurred by the use of consultants in the review and inspection of such matters from time to time. Owner shall pay any non-discriminatory new or additional fees hereinafter charged by the Village to Owner of property within the Village, so long as such new or additional fees are applied consistently to all other developments in the Village. Prior to issuance of any building permits, Owner shall submit and shall have approved a Preliminary Development Plan. 10. Water Provision. The Owner shall be permitted and agrees to tap onto the Village water system at points recommended by the Village Engineer. The schedule of water tap-on fees presently in effect in the Village may be increased from time to time, 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 all users on the Property. Water mains serving the Property and those CO approved as part of the development shall be installed by the Owner and, except for service connections to the building shall, upon installation and acceptance by the Village through formal 2208049 -7- acceptance action by the Corporate Authorities, be dedicated to the Village and become a part of the Village water system maintained by the Village. 11. Sanitary Sewer Provisions. A. The Corporate Authorities agree to permit Owner to tap-on to the sanitary sewer system serving the Property at the points recommended by the Village Engineer and to use their best efforts to obtain any such additional permits as may be necessary to authorize such connection from users on the Property to the Lake County Public Works Department for the collection of sewage. 'Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain such system, except for sanitary sewer service connections. 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. B. Corporate Authorities do hereby consent to permit the Village of Wheeling ("Wheeling") to provide all services as set forth in that certain agreement for sewage disposal dated April 18, 1972 by and between the Village and the County of Lake to N only that part of that certain parcel of property as marked by the shaded area on Exhibit D attached hereto which is within the Village' s sphere of influence (hereinafter referred as "Parcel (� A") ; provided that this consent shall be deemed withdrawn if Wheeling fails to provide such services to Parcel A within 30 2208049 -8- days after request for such services by Owner, its successors or assigns, which request Owner agrees to make not later than three hundred and sixty-five (365) days after passage of the Annexation Ordinance by the Corporate Authorities or such additional time to make such request as approved by the Corporate Authorities; and further provided that all the Village' s rights under the said April 18, 1972 agreement shall remain in full force and effect and, except that with respect to Parcel A, both Village and Wheeling may provide such sewage disposal services. It is further understood and agreed that in the event Parcel A is annexed to the Village that the Village' s consent as herein stated shall be deemed withdrawn and the Village agrees to provide sewer and water services to Parcel A as provided under said April 18, 1972 agreement and the Village shall perform all of its other obligations and have the benefit of 'all of its other rights under said April 18, 1972 agreement. The Corporate Authorities further agree to give proper notice of this 4 conditional consent to the County of Lake but the Village does not represent or warrant that the County of Lake or Wheeling will agree to accept such consent. 12. Drainage Provisions. Block 8 on Exhibit B is presently reserved for storm water detention for the Property. The Village agrees that the volume allocated for storm water detention, as shown on Exhibit E is adequate. Owner agrees that all storm water C4 drainage from the Property must be conveyed to the storm water �► detention. The Village further agrees that to the extent the 2208049 -9- Owner desires to relocate or modify the area provided for the storm water detention, such relocation or modification shall be shown on the Preliminary Development Plan and the Village will not unreasonably withhold its consent to such modification provided, that the required amount of volume and other applicable design standards are adhered to. Upon final construction of the storm water detention and storm sewer system in compliance with all reasonable engineering requirements of the Village and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain that portion of the storm sewer system which serves public streets and Owner agrees to operate and maintain the storm water detention and to include on the Plat of Resubdivision a covenant to that effect requiring future owners to operate and maintain said storm water detention. 13 . Payment of Recapture Fees Owned. The Village represents that there are no recapture fees or other , fees to any prior owners or owners of adjacent property who have provided water and sewer lines which may be tapped into by the Owner. In the event a portion of the sanitary sewer system, storm sewer, and/or water- main to be constructed and installed by the Owner to serve the proposed development on the Property (hereinafter referred to as Q% Q� "Owner ' s Improvements") is required by the Village to be so located and/or oversized as to benefit vacant neighboring properties not owned by the Owner , thus making such utility service available thereto, the Corporate Authorities agree to 2208049 -lo- adopt an ordinance and take such other action as may be necessary to permit the Owner to recapture from such vacant neighboring property owners as may be benefitted by the Owner ' s Improvements, that portion of the actual costs of oversizing the construction and installation of Owner ' s Improvements, in such proportionate amounts from such neighboring property owners as may be so benefitted as determined by the Village. The Village and Owner 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 Owner in effectuating recapture from future developers as appropriate. The Village shall be entitled to a five percent (5%) fee from any amounts hereby recaptured as and for its collection efforts. 14. Street and Parking Area Provisions. Owner agrees that all streets, parking and other areas are to be constructed in accordance with the Village standards as set forth in the Manual of Practice as amended from time to time. The Village agrees that if the Manual of Practice as presently applicable to the Property is changed, such changes shall not be arbitrarily or discriminatorily applied to the Property but shall be equally applicable to all property similarly zoned and situated. 15 . zSecurity for Public and, Private Site Improvements. � a, Security for public and private site improvements shall be (� N` provided in accordance with the Manual of Practice, and the Subdivision Improvement Agreement, a copy of which is attached 2208049 -11- hereto as Exhibit G. The Village agrees that any changes in the Manual of Practice, Administrative Order No. 2 and the Subdivision Improvement Agreement shall not be arbitrarily or discriminatorily applied to the Property but shall be equally applicable to all property similarly zoned and situated. 16 . Exhibits. The following exhibits, some of which are presented in testimony given by the Owner 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 Petition for Annexation of Property Exhibit B Plat of Annexation Exhibit C Legal description of additional lots not owned by Owner . Exhibit D Legal description of 150 acres east of Property. Exhibit E Applied engineering detention calculations. Exhibit F Manual of Practice CD Exhibit G Subdivision Improvement Agreement Cr 17 . Building, Landscaping and Aesthetic Plans. As required },► under the provisions of Village Ordinance 72-12, as amended from time to time, Owner will submit building and landscaping plans 2208049 -12- (which landscaping- plans shall conform with the requirements of Village ordinances) for approval by the Appearance Commission and the Corporate Authorities before commencing construction of buildings. Lighting and signage shall be complimentary to surrounding areas. Phases not under construction or completed will be maintained in a neat and orderly fashion as determined by the Village Manager. The Corporate Authorities agree that upon the submission of building and landscaping plans that an appropriate written response thereto will be provided to the Owner within forty-five (45) days after the date of submission of a completed application and appropriate documents. The Corporate Authorities further agree that any changes in the requirements of Village Ordinance 72-12 and other requirements of Village ordinances with respect to landscaping shall not be arbitrarily or discriminatorily applied to the Property but shall be equally applicable to all property similarly zoned and situated. 18 . Facilitation of Development. Time is of the essence of this Agreement and all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed that the successful consummation of this Agreement and the development of the Property in the best interest of all of N the parties requires their continued cooperation. The Owner does hereby evidence his intention to fully comply with all Village requirements, his willingness to discuss all matters of mutual Q% interest that may arise and his willingness to assist the Village to the fullest extent possible. The Village does hereby evidence 22080--19 -13- its intent to always cooperate in the resolution of mutual problems and its willingness to facilitate the development of the Property, is contemplated by the provisions of this Agreement. 19. Enforceability of the Agreement. This Agreement shall be enforceable in any 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, it is mutually agreed that the parties will use their best efforts to amend or modify this such provision to comply with all applicable law. If the parties are unable to reach a mutually agreeable amendment or modification, then the provisions of this Agreement held invalid shall be deemed to be excised herefrom and the invalidity thereof shall not effect any of the other provisions contained herein. 20 . Term of Agreement. This Agreement will be binding upon the parties hereto for a term of ten (10) years from the date of the execution of this -Agreement by the Village. This Agreement shall not be assigned without prior written consent of the Village. 21 . Binding Effect of Agreement. This Agreement shall be binding upon the parties hereto, their respective successors and assigns. 22 . Corporate Capacities. The parties acknowledge and agree C� that the individuals that are members of the group constituting Cr 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. -14- 22USU'19 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 (5th) business day following deposit in the United States Mail : If to Owner : William Johnson 15110 West Oak Spring Road Libertyville, Illinois 60048 With a Copy to : Sachnoff Weaver & Rubenstein, Ltd. One IBM Plaza, Suite 4700 Chicago, Illinois 60611 ATTENTION: William P. Colson If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, Illinois 60090 With a Copy to: William G. Raysa Bloche French and Raysa 1011 Lake Street Oak Park, Illinois 60301 24. Default. In the event the Owner defaults in the performance of his obligations as set forth in this Agreement, the Owner shall have thirty (30) days in which to cure such default after written notice thereof from the Village or provide evidence to the Village that such default will be cured in a timely manner if it cannot be cured within said period. If Owner fails to cure such default or provide such evidence as provided above, then, the Village shall have all rights and remedies Q') available at law or in equity. In the event Village employs an 4? attorney or attorneys to enforce any default by Owner and Village prevails in such action (the finality of which is not legally 2208049 -15- contested) Owner agrees to pay to Village all court costs, including reasonable attorneys fees, expended or incurred in connection therewith. If the Village defaults in the performance of its obliga- tions to annex the additional property as provided in paragraph 4, enact the Industrial District zoning with respect to the Property, approve Plats of Resubdivision or give reasons for disapproval, permit Owner or its successors to tap on the water and sewer systems servicing the Property, issue its conditional consent as provided in paragraph 11 , adopt an ordinance with respect to recapture as provided in paragraph 13 , or - to respond to submissions of building and landscaping plans set forth in this Agreement, the Village shall have thirty (30) days in which to cure such default after notice of such default from the Owner . If the Village fails to cure such default or provide evidence that such default will be cured in a timely manner if it cannot be cured within said period, then Owner shall have all rights and remedies available at law or in equity. In the event Owner employs an attorney or attorneys to enforce any of the provisions in this paragraph and Owner prevails in such action (the finality of which is not legally ZJ contested) Village agrees to pay to Owner all court costs, Q: including reasonable attorney' s fees, expended or incurred in connection therewith. 25. Dedication of Common Facilities. Owner agrees that all . sewage, storm and drainage facilities in public streets and 2208049 -16- 2208049 public rights of way, except service connections, shall be dedicated to the Village utilizing such deeds or plats or other documents as the Village may reasonably require. Owner shall also provide the Village a right of entry on private drives and paved areas, if any, to enforce state statutes and local ordinances and maintain the storm water detention should the same not be maintained by Owner or its successors or assigns and the Village may assess appropriate fees for such maintenance. 26 . Use Prior to Construction. The Village agrees that prior U to actual development of the Property the Owner or its successor or assigns , may use or lease the Property to be used for r agricultural purposes. 27 . Sidewalks and Bike Path. The Village agrees that in the actual development of the Property sidewalks shall only be required on one side of each street and the only bike path required shall be along Lake-Cook Road. IN WITNESS WHEREOF, the Corporate Authorities have caused by their proper officials duly authorized to execute the same and the Owner has executed this instrument on his own behalf, the dayj a and year first above written. VILLAGE bir'BUFFALO GROVEVt M v o t Foe ! » EST.. ». t. .: W ~ Chicago Title &• Trust Company, u not personally but as Trustee o as aforesaid under Trusts Numbersm 346 ;and 8945 . J - a G Q Assistant _S i