1976-004 ORDINANCE NO. 76 -
AN ORDINANCE APPROVING ANNEXATION AGREEMENT
AND DIRECTING EXECUTION THEREOF BY THE PRESIDENT
AND CLERK OF THE VILLAGE OF BUFFALO GROVE
WHEREAS, there has heretofore been submitted to the corporate
authorities of the Village of Buffalo Grove a petition to annex the property
described as :
Lots ?, 8, 9, 10, 11 and 40 in Dun-Lo Highlands , being a
subdivision of the West Half of the Northwest Quarter (except the
South 25 acres thereof) of Section 9, Township 42 North , Range 11 ,
East of the Third Principal Meridian ; together with that part of
Ellen Drive lying north of the South line of Lot 40, aforesaid,
extended 66.0 feet west to East line of Lot 6 of said Subdivision
and lying south of the North line of Lot 7, aforesaid, extended
116.0 feet west to the East line of Lot 6 of said Subdivision ;
and that part of Buffalo Grove Road lying north of the South line
of Lot 11 , aforesaid, extended 33.0 feet east to the centerline
of said Buffalo Grove Road, said centerline being the East line
of the West Half of the Northwest Quarter of said Section 9,
and lying south of the North line of Lot 10, aforesaid, extended
58.0 feet east to said centerline of said Buffalo Grove Road; all
in Cook County, Illinois.
WHEREAS , there has also been submitted to the corporate authorities
of the Village of Buffalo Grove an Annexation Agreement pursuant to statute, and
WHEREAS, proper and due notices of public hearings for zoning and
on said Annexation Agreement have been given and public hearings were had, 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 :
SECTION 1 . The Annexation Agreement, copy of which is attached
hereto and made a part hereof as EXHIBIT A, is approved.
SECTION 2. The President and Clerk of this 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 in the manner provided by law.
PASSED this / day of 1976.
APPROVED:
n
Village President
ATTEST:
Village Clerk
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this day of
A.D. 1976, by and between the VILLAGE OF BUFFALO GROVE,
ILLINOIS (sometimes for convenience hereinafter referred to as "Village") , by
and through the President and Board of Trustees of the Village of Buffalo Grove
(sometimes for convenience hereinafter collectively referred to as the "Corporate
Authorities") , and WHEELING TRUST AND SAVINGS BANK, as Trustee under Trust
Agreement dated 6-12-72 , and known as Trust No. 72-215
(sometimes for convenience hereinafter referred to as the "Developer") :
W I T N E S S E T H :
WHEREAS, pursuant to the provisions of Section 11-15. 1-1 , et seq
of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, 1974) , 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 statutes.
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and agreements herein contained, IT IS HEREBY AGREED AS FOLLOWS:
1 ) 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, 1974) .
2) The Developer has filed with the Village Clerk, a proper Petition
conditioned on the execution of this Agreement with the terms and provisions
contained herein, to annex the Subject Property to the Village of Buffalo Grove.
3) The Corporate Authorities, immediately upon the execution of
this Agreement will enact an Ordinance annexing the Subject Property to the Village.
4) Immediately after the passage of the ordinance annexing the
Subject Property, as provided in Paragraph 3 hereof, the Corporate Authorities
shall adopt the proper ordinance or ordinances zoning the property in the B-1
issue building permits based upon final versions of plans and drawings of matters
within the Plan of Development upon submission by the Developer, provided that ,
such final documents ( i) conform to Exhibit B, the Plan of Development , ( ii)
conform to the terms of this Agreement and all applicable Village ordinances and
rules and regulations thereunder in effect as of the date of this Agreement and
any subsequent amendments thereto, and ( iii) the Developer has performed its
obligations under this Agreement to the date of submission of such final plans
and plats.
6) If the Developer desires to make any changes including but not
limited to type of land use, architectural design, setback requirements, utilities,
etc. , as identified in the existing Plan of Development as herein approved, the
parties agree that changes in the Plan of Development will require the submission
of amended plats or plans, together with proper supporting documentation to the
Plan Commission and other applicable Corporate Authorities to consider changes in
this Agreement which would allow the desired changes to the Plan of Development.
The Corporate Authorities may, at their sole discretion , require additional public
hearings before either granting approval or denial of such changes and/or use
proposed.
7) No portion of the property described as Lot 2 on the Plat of
Annexation shall be developed unless a preliminary Plan of Development is submitted
to the Village and the Plan Commission for approval or disapproval . The Plan shall
include but not by way of limitation the following: Land use; size, height and
location of building/s; parking areas, utilities, storm water drainage and such
other items set forth in the Village Subdivision Ordinance now in effect or as
subsequently amended.
8) The Corporate Authorities agree to cooperate with the Developer
in obtaining such permits from Governmental Agencies having jurisdiction as may
be necessary to authorize connections from the proposed development to the Lake
County Department of Public Works or the Metropolitan Sanitary District sewer
system, and to State or County roadways as appropriate. The Developer shall
construct on-site sanitary sewers and water mains and laterals as appropriate
to carvira tha ciihiart nrnnPrty all ciihiP.rt fn annrnval of the Villaae Enaineer_
In the event off-site sewer and water facilities are necessary
to service the area, the same shall be installed by the Developer subject to
approval of the Village Engineer. Should the same be sized and located so as to
benefit properties not owned by the Developer, the Corporate Authorities agree
to adopt an ordinance and to take such other action as may be necessary to permit
the Developer to recapture that portion of the cost of construction and the
installation of such sewers and water system in a proportionate amount from such
neighboring property owners who may be so benefited. Both parties agree to use
their best efforts and to cooperate reasonably in order to achieve a practical
and economically feasible route to the off-site utilities connecting to the
existing Village systems.
9) Developer will comply with the provisions of Village Resolution
No. 72-35 (school and park donation) provided that all future developers of projects
within the Village are similarly bound. The Developer shall cause the standards
set forth in the "Village of Buffalo Grove Engineering Standards," marked Exhibit "C"
which is attached hereto and made a part hereof, to be met in the construction of
the project.
10) The Developer shall be subject to and be bound by all current
Ordinances of the Village and all subsequent amendments thereto.
11) The Developer grants the Village the perpetual right to enter
upon its property for the purposes of enforcing Village Ordinances and State
Statutes.
12) The Developer will submit building and landscaping plans for
approval by the Appearance Control Commission and the Village Board before
commencing construction as required under Village Ordinance No. 72-12.
13) Developer agrees, at the request of the Indian Trails Library
District , to annex any part or all of the Subject Property to said Library District.
14) The Developer agrees , at the request of the Buffalo Grove Park
District to annex any part or all of the Subject Property to said Park District.
15) Either party hereto may by civil action , mandamus or any
other proceedings enforce and compel performance hereof. In addition thereto or
as alternatives, the Corporate Authorities may cause all or any part of the land
16) The term of this agreement shall be ten (10) years.
IN WITNESS WHEREOF, the Corporate Authorities and Developer have
caused this instrument to be executed by their respective appropriate officers
hereunder, duly authorized, and their respective corporate seals hereunto
affixed, all on the day and year first above written.
VILLAGE OF BUFFALO GROVE, ILLINOIS,
a Municipal Corporation
By
Village President
ATTEST:
it age Clerk
WHEELING TRUST AND SAVINGS BANK, as
Trustee under Trust Agreement dated
6-12-72 , and known
as Trust No. 72-21 an not personally
ice President
ATTEST:
Secret y