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1988-093 9/16/88 ORDINANCE NO. 88— 93 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT (Commonwealth Edison Co. , TDC 237, Busch Parkway) 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: r. �4 e r . VERNA-L. CLAYTON, Village Pre dent ATTEST: d Vill.ege Clerk 10/3/88 COMMONWEALTH EDISON COMPANY (TDC No. 237, Busch Parkway) Annexation Agreement TABLE OF CONTENTS 1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 2. A reement: Compliance and Validit . . . . . . . . . . . . . . . . . . . . . . .2 3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . .3 4. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 5. Approval of Plats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 6. Compliance with A2plicable Ordinances. . . . . . . . . . . . . . . . . . . . . . .4 7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 8. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 10. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . .5 11. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 12. Security for Public and Private Site Improvements. , . . . . . . . . .7 13. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 14. Building, Landsca in and Aesthetics Plans. . . . . . . . . . . . . . . . . .7 15. Annexation to the Buffalo Grove Park District. . . . . . . . . . . . . . .7 16. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 17. Enforceabilit of the Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . .8 18. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 19. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 20. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 21. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 22. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 COMMONWEALTH EDISON TDC No. 237 • 'ANNEXATION AGREEMENT Location Map --------------------- t `. eP 4. Rip R I tRc� ►�s R6• or-7 f 4 � P RZ woo" Subject Property 10/3/88 COMMONWEALTH EDISON COMPANY (TDC No. 237, Busch Parkway) 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") comprising 7.8808 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 Industrial District of the Village Zoning Ordinance to develop property in accordance with and pursuant to a certain Preliminary Plan prepared by Commonwealth Edison and dated as last revised August 15, 1988 a copy of which Preliminary Plan is attached hereto as EXHIBIT D and 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 distribution center (TDC) and existing transmission lines. 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 1 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 in the Industrial District; 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: Compliance and Validity. 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 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 2 validly zoned and classified in the Industrial District, 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 Industrial District subject to the restrictions further contained herein and all applicable ordi- nances 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 a 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: (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. 3 p The Owner agrees to comply with . Compliance with Applicable Ordinances. 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 Development Plan, as herein approved, the parties agree that such changes in the Preliminary Development Plan will require, if the Village so determines, the submission of amended plats or plans, together with proper supporting docu- mentation, 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 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 nonresidential 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 4 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 which points to the extent shown on EXHIBIT D are hereby approved by the Village, however, it is understood that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. Developer shall construct a private fire hydrant oh the Property as approved by the Village Engineer. 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 dedicated to the Village and become a part of the Village water system maintained by the Village. 10. Storm and Sanitary Sewer Provisions. A. The Corporate Authorities agree to cooperate with the Owner and to use their best efforts to aid Owner in obtaining such permits from governmental agencies having jurisdiction as may be necessary to authorize connection from the 5 proposed development to the Lake County Public Works Department system for the collection of sewage as may be appropriate. The Owner shall construct on-site and off-site sanitary sewers as may be necessary to service the Property, as per EXHIBIT D, however, it is understood that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering, Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain such sys- tems, except for sanitary sewer service connections. The 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 to the extent possible. B. The Owner shall also construct on the Property in question any storm sewers which may be necessary to service the Property, however, it is understood that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. Upon installation 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, or multiple properties, and the Owner agrees to operate and maintain that portion of the storm sewer system located on the subject Property and not dedicated, and shall record a covenant to that effect within thirty (30) days of the recording of the Plat of Subdivision. 11. 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. 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. 6 12. Security for Public and Private Site Improvements. The Commonwealth Edison Company shall construct water and sewer lines and an 8-foot wide bikepath as specified in this Agreement within 24 months of the date of 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 by Commonwealth Edison, dated August 15, 1488 14. Buildin , Landscaping 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. 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. 16. 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 7 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 its willingness to facilitate the development of the Property, as contemplated by the provisions of this Agreement. 17. 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. 18. 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. 19. Bindin Effect of Agreement. This Agreement shall be binding upon the parties hereto, their respective successors and assigns. 20. 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. 21. Notices. Any notice required pursuant to the provisions of this Agreement shall be in writing and be sent by certified mail to the following 8 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 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 22. Special Conditions. A. Owner shall comply with the Village's stormwater detention stan- dards, including the submission of any documents or plans required by the Village Engineer to determine compliance. B. Owner shall construct a barrier at the driveway to the Property from Commerce Court to restrict access to the Property. C. Owner shall submit a landscaping plan for review and approval by the Village's Appearance Commission and Village Forester. D. Owner shall construct an 8-foot wide bikepath on the Property as approved by the Village Engineer. The Village agrees to enter into a lease with Owner concerning the Village's use of the bikepath and understands that the Village has no rights to use and/or occupancy of the bikepath other than those granted in such a lease with Owner. E. Owner shall be allowed to construct a fence 8 feet in height, including barbed wire, to provide security for the transmission equipment. 0 IN WITNESS WHEREOF, the Corporate Authorities and Owner have caused this instrument to be executed by their respective proper officials duly authorized to execute the same on the day and the year first above written. VILLAGE OF BUFFALO GROVE VERNA L. CLAYTON, Vil age Pr ident ATTEST: e VilllaW Clerk COMMONWEALTH EDISON COMPANY ATTEST: V C/ 10 EXHIBIT A COMMONWEALTH EDISON Busch Parkway (TDC No. 237) SUBJECT PROPERTY LEGAL DESCRIPTION: That part of the South half of Section 27 and of the North half of Section 34 all in Township 43 North, Range 11 East of the Third Principal Meridian described as follows: Beginning at the Northwest corner or Block 4 in Horatio Gardens Subdivision as recorded July 13, 1927 as Document 302090; thence East along the North line of Blocks 4 and 3 in said Subdivision a distance of 200.75 feet to the Westerly right-of-way line of the Chicago and Wisconsin Railroad Company; thence Northwesterly along the Westerly right-of-way line of said Railroad a distance of 328.50 feet to an angle point; thence Northwesterly along a diagonal line forming an angle of 29 degrees 40 minutes 30 seconds from Northerly to Northwesterly with the Westerly right-of-way line of said Railroad a distance of 1488.62 feet to the intersection of said diagonal line with a line 2. 13 chains East of the West line (measured at right angles to) said Section 27; thence South along a line which is 2.13 chains (measured at right angles to) the West line of said Section 27 a distance of 281 .29 feet to a point which is 210 feet (measured at right angles to) the aforesaid diagonal line; thence Southeasterly along a line which is 210 feet (measured at right angles to) and parallel with the aforesaid diagonal line a distance of 1245.84 feet to an angle point; thence Southeasterly along a line which is 210 feet Southwesterly of (measured at right angles to) and parallel with the first mentioned Westerly right-of-way line of said Railroad a distance of 267.25 feet to the intersection of said parallel line with the West line of said Block 4; thence North along the West line of said Block 4 a distance of 63.66 feet to the point of beginning, situated in the County of Lake in the State of Illinois.