1984-007 ORDINANCE NO. 64- ! V too
AN ORDINANCE APPROVING ANNEXATION AGREEMENT � C 1 lL0yE-�OI�-BtIffAIO GROYE
ICKU FILE (COMMONWEALTH EDISON CO. - JOHNSON)
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 interests 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 O
attached hereto and made a part hereof as Exhibit "A" is
approved.
Section 2 . The President and Clerk of the Village are W
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 N
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shall not be codified.
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AYES: --- Mar:a.en0ial, Stone, O'Reilly, Ha.rL..stei , GloverGlover
NAYES: 0 .- done
ABSENT: 1 ._ Reid
PASSED: January 30 , 1984
APPROVED: Janua,ry 30 1984 JACKET FILE
APP "ft,D:
Village President
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ATTEST:
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BL'OCHE. FRENCH & RAYAA. M.C.
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THIS AGREEMENT, made this OTO-4 day of TAN U ARY
198y, between the VILLAGE OF BUFFALO GROVE, an Illinois
municipal corporation (the "Village") , by and through its
President and members of its Board of Trustees (the "Corporation
Authorities" ) , and COMMONWEALTH EDISON COMPANY, an Illinois
corporation and a public utility subject to the jurisdiction
of the Illinois Commerce Commission ("Edison") .
WITNESSETH:
WHEREAS, Edison is the record title owner. of
certain real estate, the legal description of which is set
forth in Exhibit A, and the general location of which is
depicted on Exhibit B, both attached hereto and made a part
hereof (the "Property") ;
WHEREAS, the Property is contiguous to the corporate
limits of the Village at the time of annexation, is not
included in the corporate limits of any other municipal
corporation and has no electors residing on it;
WHEREAS, Edison has installed on the Property
transmission and distribution lines , poles , towers and other
incidental and related equipment needed to transmit and
distribute electric energy. Depending upon the future
demands upon its system for electric energy, Edison may
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construct additional facilities on the Property to meet this
increasing need for electric energy. The facilities presently W
located on the Property together with the facilities that
may be located on the Property in the future are referred
to herein as the "Facilities" . `
WHEREAS, Edison desires to have the Property
annexed to the Village, upon the terms and conditions
hereinafter set forth, with the assurance that Edison may
expand them if necessary in order to meet increasing elec-
trical demands on its system and in the general area;
WHEREAS , the Corporation Authorities , after due and
careful consideration, have concluded that the annexation of
the Property to the Village on the terms and conditions herein-
after set forth would further the growth of the Village,
increase its tax base, enable the Village to control the
development of the area, and promote the best interests of
the Village;
WHEREAS, pursuant to the provisions of the Illinois
Municipal Code, Illinois Revised Statutes , Chapter 24 ,
Sections 11-15. 1-1 et sec . (1981) , a proposed annexation
agreement in substance and in form the same as this Agreement
was submitted to the Corporation Authorities , and a public
hearing was held thereon, pursuant to notice as provided by
statute; and
WHEREAS, pursuant to notice as required by statute
and ordinance, a public hearing was held by the Village' s
Plan Commission on the requested zoning classifcation of
the Property, and findings of fact and recommendations made
by the Village' s Plan Commission were submitted to the Village.
NOW, THEREFORE, in consideration of the premises
and of the mutual covenants and agreements herein contained,
IT IS HEREBY AGREED:
1. Concurrently with the execution of this
Agreement by the parties hereto, Edison has filed with the
Village Clerk a proper petition. This petition is expressly
conditioned upon the terms and provisions of this Annexation
Agreement. W
2 . Immediately after the passage of the ordinance
annexing the Property, the Village and its Corporation
Authorities shall cause to be adopted an amendment to the
Village ' s Zoning Ordinance classifying the Property in the
Industrial District. It is further agreed and understood
that this Annexation Agreement shall be null and void in its
entirety and of no force and effect unless the Property is
so zoned and classified as herein provided.
3 . It is further agreed that this zoning district
classification with its provisions , permitted uses and
restrictions will not be changed with respect to the Property
without the consent of Edison for a period of twenty years
following the execution of this Agreement. Because this zoning
classification is an express condition of the annexation
to the Village, any fees including costs for survey or utility
tie-ins, ordinarily imposed for annexations or for processing
applications for zoning reclassifications shall not be imposed
upon or required of Edison.
4 . The Village agrees that any ordinances or
resolutions of the Village relating to subdivision controls ,
land use restrictions, fences, off-street parking or loading
areas, building or occupancy permits , or similar matters ,
which restrict or are inconsistent with the proposed use and
development of the Property as herein provided shall not be
applicable to the Property during the term of this Agreement.
5. The Village and the Corporation Authorities
agree to do all things necessary or appropriate to carry out
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the terms of this Annexation Agreement, including the enactment
of such resolutions and ordinances and such other action as
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may be necessary or desirable to enable the Village and the
Corporation Authorities to comply with the terms of this
Annexation Agreement, and to permit Edison to use the Property
as an electric transmission line. If Edison needs to expand,
modify or repair the Facilities during the term of this
Agreement in order to satisfy the growth of electrical demand
upon the parties hereto, their respective successors and
assigns , for a period of twenty (20) years from the date of
execution. Any party may either in law or equity, by suit,-
action, mandamus, or other proceedings in force, compel the
performance of this Agreement.
7 . If any clause, phrase, provision or portion
of this Agreement or the application thereof to any person
or circumstance shall be invalid, or unenforceable under
applicable law, such event shall not affect, impair or
render invalid or unenforceable the remainder of this Agreement
nor any other clause, phrase, provision or portion hereof,
nor shall it affect the application of any clause, phrase ,
provision or portion hereof to other persons or circumstances .
8 . Concurrently with the execution and delivery
of this Agreement, the Village shall make available to Edison
a true copy of the current Zoning Ordinance of the City.
9 . The parties acknowledge and agree that the
Corporation Authorities are entering into this Agreement in
their Corporate capacities and shall have no personal
liability in their individual capacities . G!
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed on the day and year first
above written.
VILLAGE OF--BUFFALO GROVE
By
President
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COMMONWEALTH EDISON COMPANY
By
Vice P esiden
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EXHIBIT "A"
Lots 1 through 27 (both inclusive) in Block 13 and Lots 1 through 26
(both inclusive ) in Block 12 in Unit No. 4, Columbian Gardens, being;
a subdivision of part of the South East Quarter and part of the East
Half of the South West Quarter of Section 34, Township 43 North, Range
11, East of the Third Principal Meridian, according to the plat there-
of, recorded June 26, 1929, in Book "T" of Plats, pages 84 and 85, as
Document 339091, in Lake County, Illinois.
AND
That part of the Southeast Quarter of Section 34, Township 43 North,
Range 11 East of the Third Principal Meridian, lying West of the
Westerly right-of-way line of the Minneapolis St . Paul and Sault Ste.
Marie Railroad, and lying South of a line drawn from a point in the
North and South center line of said Section 34, which is 17.16 feet
North of the South line of said Section 34 to a point 577.5 feet ?
East of and 460.68 feet North of the Southwest corner of Section 36,
Township 43 North, Range 11 East of the Third Principal Meridian,
in Lake County, Illinois . Qj
AND
That part of the Northeast Quarter of Section 3, Township 42 North, W
Range 11 East of the Third Principal Meridian described as follows :
Beginning at the point of intersection of the north line of said
Northeast Quarter of Section 3 with the westerly right-of-way line
of the Minneapolis, St. Paul and Sault Ste. Marie Railroad; thence
west along said north line of the Northeast Quarter to the intersection
with a line 210 feet perpendicularly distant westerly of. and parallel
with said westerly line of the Railroad; thence .south 180 34' east along
said parallel line a distance of 249.28 feet to a point; thence south
860 30' 05" east 71.60 feet to a point; thence east along a line para-
llel with the north line of said Northeast Quarter of Section 3 to a
point on said westerly right-of-way line of the Railroad; thence north-
westerly aloe.r said westerly right-of-way line of the Railroad to the
point of beginning, in Cook County, Illinois .
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