1984-017 ORDINANCE NO. 84- 17
AN ORDINANCE APPROVING ANNEXATION AGREEMENT
(COMMONWEALTH EDISON CO. - CORPORATE GROVE CORRIDOR)
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 N
1`V
hearings were held; and, r
WHEREAS, it is determined to be in the best interests of the
0
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: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover
NAYES: 0 - None
ABSENT: 1 - Reid
PASSED: -.February 6 __-..._....._.._.-.�..-.__...___ � 1984
APPROVED: February 6 , 1984
Z
Village President
r
ANNEXATION AGREEMENT
THIS AGREEMENT, made this 29 T H day of SEPTEM13EQ,
1983, between the VILLAGE OF BUFFALO GROVE, an Illinois
municipal corporation (the "Village") , by and through its
President and memhers of its Rnard .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") ; and
WHEREAS, the Property, when taken with other
property, shall be 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; and
WHEREAS, the Property contains a double-circuit
138, 000 volt electric transmission line and a double-circuit
345, 000 volt electric transmission line together with towers ,
poles, lines and other related equipment (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
maintain, modify, repair and operate the Facilities and
expand them if necessary in -order to meet increasing elec-
trical demands on its system and in the general area; and
WHEREAS, the Corporate 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 promo
te the best interests of
the Village; and
WHEREAS, pursuant to the provisions of the Illinois
Municipal Code, Illinois Revised Statutes, Chapter 24 ,
Sections 11-15. 1-1 et seq. (1981) , a proposed 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 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, which petition is conditioned
on the terms and provisions of this Agreement, .,to annex
the Property to the Village. The Village hereby agrees to
annex the Property upon the terms and conditions contained
in Edison' s petition for annexation and this Annexation
Agreement.
2. Immediately after the passage of the ordinance
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 ten years
following the execution of this Agreement. Since 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
the terms of this Annexation Agreement, including the enactment
of such resolutions and ordinances and such other action as
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
6 . This Agreement shall be valid and binding
upon the parties hereto, their respective successors and
assigns , for a period of tyen (10) 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
jJe.CE0L1iic11-1l:C of this Ayrez�nmant. -
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.
B. 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.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed on the day and year first
above written.
VILLAGE O; U�FFALO GROVE
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B .. °
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ATTEST' ' 0-
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COMMONW A TH EDISON OMPANY
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COMMONWEALTH EDISON
CORPORATE GROVE
EXHIBIT A
LEGAL DESCRIPTION
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 28 , TOWNSHIP 43 NORTH , -.
RANGE 11 , EAST OF .THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS ;
BEGINNING AT THE INTERSECTION OF THE -SOUTH LINE OF- THE LAND CONVEYED ..,
TO CHARLES WISCHMAN BY 'DEED RECORDED .-MAY 11 , '1878 -IN BOOK -66- OF -`
DEEDS , PAGE 474 WITH THE NORTHEASTERLY LINE OF THE COMMONWEALTH a� -�
EDISON COMPANY RIGHT OF WAY , SAID POINT BEING 58.05 FEET AS MEASUREO "f
ALONG SAID DEED LINE, WEST OF THE INTERSECTION OF SAID OEEDL LINE - •;
WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 28; THENCE
SOUTHWESTERLY TO THE INTERSECTION OF -THE SOUTHWESTERLY LINE 'OF THE
COMMONWEALTH EDISON COMPANY RIGHT OF WAY WITH A LINE DRAWN PARALLEL
WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 28, FROM A �{
POINT ON THE SOUTH LINE OF LAND CONVEYED TO CHARLES WISCHMAN BY DEED,
AFORESAID, SAID POINT BEING 346. 90 FEET (346.42 FEET MEASURED) AS
MEASURED ALONG SAID DEED LINE. WEST OF THE INTERSECTION OF SAID
DEED LINE WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 2809'
THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF THE COMMONWEALTH
EDISON COMPANY RIGHT OF WAY . 892 . 58 FEET TO THE ORIGINAL CENTER LINE
OF APTAKISIC ROAD (NOW KNOW AS WEILAND ROAD) ; THENCE NORTHERLY ALONG_ ?
SAID LAST DESCRIBED CENTER LINE , 267 .63 FEET TO AN INTERSECTION WITH '.
THE NORTHEASTERLY LINE OF THE COMMONWEALTH EDISON COMPANY RIGHT OF . ;
WAY; THENCE SOUTHEASTERLY ALONG SAID LAST DESCRIBED LINE , 1 ,256 . 64 Yl
FEET TO THE PLACE OF BEGINNING, TOGETHER WITH ALL OF,;TRAVELED BUSCH'--
ROAD AND WE LAND ROAD LYING ,SOUTHERLY -AND WESTERLY , RESPECT,IVELY :YOF.,
AND .ADJOINING THE A'FOREDESCRIBED TRACT IT
, N LAKE COUNTY , ILLINOIS .'
2270015