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1988-090 9/16/88 ORDINANCE NO. 88- 90 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT (Commonwealth Edison Co. , TSS No. 109, A takisic Road) 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: October 3 1988 APPROVED: October 3 1988 APPROVED- VERNA L. CLAYTON, Village Pr-' dent ATTEST: Vill e Clerk 10/3/88 COMMONWEALTH EDISON COMPANY (TSS No. 109, Aptakisic Road) ANNEXATION AGREEMENT TABLE OF CONTENTS 1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 2. Agreement: Compliance and Validit . . . . . . . . . . . . . . . . . . . . . . . . .2 3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . .3 4. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 5. Approval of Plats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 6. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . . . . .4 7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 8. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 10. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 11 . Payment of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 12. Security for Public and Private Site Improvements. . . . . . . . . . . .6 13. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 14. Building, Landscaping and Aesthetics Plans. . . . . . . . . . . . . . . . . .7 15. Right of Way Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 16. Annexation to the Buffalo Grove Park District. . . . . . . . . . . . . . . .7 17. Facilitation of Develo went. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 18. Enforceability of the Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 19. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 20. BindinB Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 21. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 22. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 23. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 COMMONWEALTH EDISON TSS NO. 109 ANNEXATION AGREEMENT Location Map w R 2 R2 R wPw R-I ! = i cx1_ RT R �s , a �w R 5 A R R 5 set f Rs R4 R6A o Subject Property 10/3/88 COMMONWEALTH EDISON COMPANY (TSS No. 109, Aptakisic Road) ANNEXATION AGREEMENT This agreement (hereinafter referred to as the "Agreement") made and entered into this 3rd day of October, 1988, 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 the COMMONWEALTH EDISON COMPANY (hereinafter referred to as "Owner") . 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") (which includes unowned adjacent right-of-way) comprising 27.6733 acres legally described and identified in EXHIBIT A attached hereto, which exhibit is made a part hereof and which real estate is contiguous to the corporate limits of the Village; and, WHEREAS, Owner desires and proposes pursuant to the provisions and regu- lations applicable to the R-1 (One-Family Dwelling) District of the Village Zoning Ordinance with Special Use Authorization for a public utility facility, to develop the Property in accordance with and pursuant to a certain Preliminary Plan prepared by the Commonwealth Edison Company and dated as last revised October 27, 1978, (hereinafter referred to as the "Preliminary Plan") , a copy of which Preliminary Plan is attached hereto as EXHIBIT D and incorporated herein, and subject to all other exhibits attached hereto or incorporated by reference herein. Said development of Property shall contain an electrical transmission substation and transmission lines. 1 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 in the R-1 District with Special Use authorization for a public utility facility; 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: 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 (Chapter 24, Illinois Revised Statutes 1987) and as the same may have been modified by the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Agreement. 2. A reement: Com liance and Validit . The Owner has filed with the Village Clerk of the Village a proper petition pursuant to and in accordance with provisions of Section 7-1-8 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, conditioned on the execution of this Agreement and the compli- ance with the terms and provisions contained herein, to annex Property to the 2 Village. It is understood and agreed that this Agreement in its entirety, together with the aforesaid petition for annexation, shall be null, void and of no force and effect unless Property is validly annexed to the Village and is validly zoned and classified in the R-1 District with a Special Use, all as contemplated in this Agreement. 3. Enactment of Annexation Ordinance. The Corporate Authorities within twenty-one (21) days of the execution of this Agreement by the Village will enact a valid and binding ordinance (hereinafter referred to as the "Annexation Ordi- nance") annexing Property to the Village. Said Annexation Ordinance shall be recorded with the Lake County Recorder's Office along with the Plat of Annexation (attached hereto as EXHIBIT B) . 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 adopt a proper, valid and binding ordinance, zoning Property in the R-1 District with a Special Use for a public utility facility subject to the restrictions further contained herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to time. Said zoning shall be further conditioned on the development of the Property in accordance with the Preliminary Plan (EXHIBIT D) . 5. Approval of Plats. The Corporate Authorities hereby approve a Prelimi- nary Plan (EXHIBIT D) pursuant to the provisions of the Development Ordinance and in addition agree to approve a Final Plan of Development or plats or phases of the development of Property upon submission by the Owner of complete and proper materials as required for the issuance of appropriate building and other permits based on final versions of the plans and drawings of the development of Property as submitted by the Owner provided that the plat or plats shall: 3 (a) conform to the Preliminary Plan, (EXHIBIT D) ; and (b) conform to the terms of this Agreement and all applicable Village Ordinances as amended from time to time; and (c) conform to the Development Improvement Agreement (EXHIBIT C) as amended from time to time. 6. 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 zoning, building and subdivision of land adopted after the date of this Agreement shall not be arbitrarily or discrimina- torily applied to the Property but shall be equally applicable to all property similarly zoned and situated to the extent possible. Owner, in the development of the Property shall comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as amended from time to time. 7. Amendment of Plan. If the Owner desires to make changes in the Prelim- inary Plan, as herein approved, the parties agree that such changes in the Preliminary Plan will require, if the Village so 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 to this Agreement. 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 approve minor changes as he deems appropriate, provided that no such changes--(a) involves a reduction of the area set aside for open space; nor (b) increases by more than two percent (2%) the floor area proposed for nonresi- dential use; nor (c) increases by more than two percent (2%) the total ground area covered by buildings or structures. Notwithstanding the above, the Village Manager is authorized to approve replacement and repair of transmission and distribution facilities. 8. Building Permit Fees. The building permit fees may be increased from time to time so 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, the Village reserves the right to pass along any and all additional expenses incurred by the use of consultants in the review and inspection of the development from time to time. Owner shall pay any non-discriminatory new or additional fees hereinafter charged by the Village to Owner or property within the Village. 9. Water Provision. The Owner shall be permitted and agrees to tap on to the Village water system at points recommended by the Village Engineer, however, it is understood that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. The Owner shall construct a 16-inch diameter watermain from Buffalo Grove Road and extending across the frontage of the Property along Aptakisic Road including a public fire hydrant, as approved by the Village Engineer. Said improvements shall be completed within 24 months of the date of this Agreement. The Owner further agrees to pay 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 Owner agrees to accept any 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 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 the Owner in accordance with the Preliminary Plan. Watermains serving the Property and those approved as part of the development shall be installed by the Owner and, except for service connections to the buildings shall, upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, be 5 dedicated to the Village and become a part of the Village water system maintained by the Village. 10. Drainage Provisions. The Owner shall fully comply with any request of the Village Engineer related to the placement of buildings or structures on lots, to preserve drainage standards. In the event of future development of the Property, the Owner shall install any storm sewers and/or inlets which are required to eliminate standing water or conditions of excess sogginess which may, in the opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses. 11. Pa ment of Reca ture Fees Owed. Any amount of recapture required to be paid by this Property for sanitary sewer service shall be due and payable upon connection of the Property to the sewer system. 12. Security for Public and Private Site Improvements. The Commonwealth Edison Company shall construct the Aptakisic Road 8-foot sidewalk, the Aptakisic Creek 8-foot bikepath, and the watermain within 24 months of the execution of this Agreement. 13. Exhibits. The following EXHIBITS, some of which were 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 Legal Description EXHIBIT B Plat of Annexation EXHIBIT C Development Improvement Agreement EXHIBIT D Preliminary Plan, (Sheets 109.1-1 and 109.1-2) by the Commonwealth Edison Co. , dated October 27, 1978 6 14. Building, Landsca in and Aesthetics Plans. Owner will submit building and landscaping plans (which landscaping plans shall conform to the requirements of Village Ordinances) for approval by the Appearance Commission and the Corpo- rate Authorities before commencing construction of buildings. Lighting and signage shall be compatible with surrounding areas. Phases not under con- struction or completed shall be maintained in a neat and orderly fashion as determined by the Village Manager. 15. Right of Way Dedication. The Owner acknowledges that it is the inten- tion of the Village and other involved agencies that at some time in the future Aptakisic Road will be widened. At the request of the Village, but no later than 12 months after the date of this Agreement, the Owner agrees to use its best efforts to dedicate 14 feet of right-of-way or provide other means of public access along Aptakisic Road to provide a right-of-way of 54 feet from the centerline. 16. Annexation to the Buffalo Grove Park District. The Owner agrees, at the request of the Buffalo Grove Park District, to annex any part or all of the subject Property to said Park District. 17. Facilitation of Develo ment. 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 interests of all the parties requires their continued cooperation. The Owner does hereby evidence its intention to fully comply with all Village requirements, its willingness to discuss any matters of mutual interest that may arise, and its willingness to assist the Village to the fullest extent possible. The Village does hereby evidence its intent to always cooperate in the resolution of mutual problems and 7 its willingness to facilitate the development of the Property, as contemplated by the provisions of this Agreement. 18. 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, such provisions shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the provisions contained herein. 19. Term of Agreement. This Agreement will be binding on all parties for a term of twenty (20) 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. 20. Bindin Effect of Agreement. This Agreement shall be binding upon the parties hereto, their respective successors and assigns. 21. Corporate Capacities. The parties acknowledge and agree that the individuals that are member of the group constituting 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. 22. 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 business day following deposit in the U.S. Mail. If to Owner: William N. Darling Commonwealth Edison Company P.O. Box 767 Chicago, IL 60690 Copy to: Harlan M. Dellsy Vice President and General Counsel Commonwealth Edison Company P.O. Box 767 Chicago, IL 60690 8 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa. Esq. Bloche' , French & Raysa 1140 Lake Street Suite 400 Oak Park, IL 60301 23. Special Conditions. A. Owner may replace or add equipment within the existing fenced transformer yard as depicted on EXHIBIT D as a minor change to the Special Use authorization, provided that any building or transformer does not exceed 35 feet in height. B. Owner shall submit a landscaping plan for review and approval by the Village's Appearance Commission and Village Forester. C. Owner shall construct an 8-foot wide sidewalk along the Aptakisic Road frontage of the Property, and an 8-foot wide bikepath along Aptakisic Creek, as approved by the,Village Engineer. The Village agrees to enter into a lease with Owner concerning the Village's use of the sidewalk and bikepath and understands that the Village has no rights to use and/or occupancy of the sidewalk and bikepath other than those granted in such lease with Owner. D. It is understood and agreed that any future development of the Property shall comply with the ordinances of the Village, as amended from time to time. IN WITNESS WHEREOF, the Corporate Authorities and Owner have caused this instrument to be executed by their respective proper officials duly au- thorized to execute the same on the day and the year first above written. 9 VILLAGE OF BUFFALO GROVE VE NA L. CLAYTON, Village PrOident ATTEST: Village GIgrk COMMONWE LTH DIS N MPANY ATTEST: 10 EXHIBIT A COMMONWEALTH EDISON Aptakisic Road (TDC No. 109) SUBJECT PROPERTY LEGAL DESCRIPTION: Of that part of the Northwest Quarter of the Northwest Quarter of Section 28, Township 43 North, Range 11, East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of said Northwest Quarter of the Northwest Quarter; thence North 89 degrees 47 minutes 30 seconds East, along the North line of said Northwest Quarter of the Northwest Quarter, 248.965 feet to the point of beginning; thence South 48 degrees 12 minutes 10 seconds East, 235.52 feet; thence South 41 degrees 47 minutes 50 seconds; West, 365.75 feet, to a point on the East line of the West 181.00 feet of said Northwest Quarter of the Northwest Quarter; thence South 0 degrees 01 minutes 17 seconds West, along said East line of the West 181 .00 feet, to the Centerline of the Creek commonly known as Aptakisic Creek; thence in a Southeasterly direction along the centerline of said creek, to a point on the South line of said Northwest Quarter of the Northwest Quarter; thence North 89 degrees 43 minutes 05 seconds East, along said South line, to the South— east corner of said Northwest Quarter of the Northwest Quarter; thence North 0 degrees 04 minutes 25 seconds West, along the East line of said Northwest Quarter of the Northwest Quarter, 712.58 feet; thence North 48 degrees 12 minutes 10 seconds West, 916.40 feet, to a point on the North line of said Northwest Quarter of the Northwest Quarter; thence South 89 degrees 47 minutes 30 seconds West, along said North line, 388.54 feet to the point of beginning, and including any adjacent unincorporated highway, situated in Lake County, Illinois.