1986-088 ORDINANCE NO. 86- 88
AN ORDINANCE APPROVING ANNEXATION AGREEMENT
(Covington Corporate Center)
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 des-
cribed 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 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 - O'Reilly, Glover, Reid, Shields, Kowalski
NAPES: 0 - None
ABSENT: 1 - Marienthal
PASSED: December 15, 1986 APPROVED: December 15, 1986
APPROVED:
VERNA L. CLAYTON, Village President
-
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Vil Cl rk'�rf
2545104
SUBJECT PROPERTY LEGAL DESCRIPTION:
That part of the SZ of Section 27 and the NZ of Section 34, Township 43 North, Range 11
East of the 3rd Principal Meridian, described as follows: Commencing at a stake 2.13
chains E. of the W. line and 14 chains S. of the N. line of said Section 34; thence
E. parallel with the N. Section line, 1016.12' , more or less, to the W. line of
Lot 4 in Block 9 in Horatio Gardens Sub. , recorded in Book "R" of Plats, page 86;
thence N. 613.08' , more or less, along the W. line of Blocks 9 and 4 in said Sub. to
the NW corner of said Block 4; thence E. along the N. line of said Horatio Gardens
Sub. and said N. line extended Easterly to_a point that is 363.00' W. of the E.
line of the NW-4 of said Sec. 34; thence N. parallel to the E. line of said NW-'4
to a point that is 305.58' S. of the N. line of said 4 Sec. ; thence E. 363.00'
to a point on the E. line of the NW4 of said Sec. 34, 305.58' S. of the NE corner
of said 4 Sec. ; thence S. 89°30'E. , 8.35 chains; thence N. 10W. , 1252.68' more or
less, to a point that is S. 86° E. from the SE corner of premises conveyed-to
John F. Sebastion by Deed recorded in Book 35 of Deeds, page 429; thence N. 86 N.
to a point 2.13 chains E. of the W. line (measured at right angles thereto) of
Sec. 27; thence S. parallel to and 2.13 chains E. of the W. line of Secs. 27 and
34 to the place of beginning. Except from the above described description those
parts thereof described as follows: (1) That part conveyed by Edmund R. Kelley
to the Chicago and Wisconsin Railroad Company by deed dated October 6th, 1885, and
recorded October 6th, 1885, as Doc. No. 32606 and (2) That part of the S2 of
Sec. 27, and of the NZ of Sec. 34, all in Township 43 North, Range 11 East of
the 3rd Principal Meridian, described as follows: Beginning at the N[J corner of
Block 4 in Horatio Gardens Sub. , as recorded as Doc. No. 302090; thence E. along
the N. line of Blocks 4 and 3 in said Sub. , a distance of 200.75' 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' to an
angle point; thence Northwesterly along a diagonal line forming an angle of
29°40'30" from Northerly to Northwesterly with the Westerly right-of-way line of
said Railroad a distance of 1488.62' to the intersection of, said diagonal line with
a line 2.13 chains E. of the W. line (measured at right angles to) said Sec. 27;
thence S. along a line which is 2.13 chains (measured at right angles to) the
W. line of said Sec. 27, a distance of 281.29' to a point which is 210' (measured
at right angles to) the aforesaid diagonal line; thence Southeasterly along a
line which is 210' (measured at right angles to) and parallel with the aforesaid
diagonal line a distance of 1245.84' to an angle point; thence Southeasterly along
a line which is 210' 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' to the intersection of said parallel line with the W. line of said
Block 4; thence N. along the W. line of said Block 4, a distance of 63.66' , to
the point of beginning, in Lake County, Illinois.
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12/15/86
COVINGTON CORPORATE CENTER
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. Com liance with Applicable Ordinances. 4
7. Amendment of Plan. 4
8. Buildin.& Permit and Engineering Fees. 4
9. Water Provision. 5
10. Storm and Sanitar Sewer Provisions. 5
11. Drainage Provisions. 6
12. Payment of Recapture Fees Owed. 7
13. Security for Public and Private Site Im rovements. 7
14. Exhibits. 7
15. Building, Landscaping and Aesthetics Plans. 7
16. Declaration of Protective Covenants. 8
17. Facilitation of Development. 9
18. Enforceabilit of the Agreement. 9
. 19. Term of Agreement. 9
20. Binding Effect of Agreement. 9
21.' Corporate Capacities. 9
22. Notices. 10
22. Default. 10
24. Lecial Conditions. 11
2545104
1 .
12/15/86
COVINGTON CORPORATE CENTER
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and entered
into this 15th day of December, 1986, 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 LaSalle National Bank, as Trustee Under Trust Agreement dated
December 11, 1986, known as Trust Number 11843 (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 comprising
98.8 acres, more or less, (hereinafter referred to as the "Property") legally
described and identified in the Plat of Annexation, which is attached hereto as
EXHIBIT A, which exhibit is made a part hereof and which real estate is
contiguous to the corporate limits of the Village; and,
WHEREAS, Developer desires and proposes pursuant to the provisions and
regulations applicable to the I (Industrial) District of the Village Zoning
Ordinance to develop property in accordance with and pursuant to a certain
Concept Site Plan prepared by BRW, Inc. dated as last revised January 15, 1987, a
copy of which Concept Site Plan is attached hereto as EXHIBIT C and incorporated
herein and a Preliminary Engineering Plan prepared by Cowhey, Gudmundson, Leder,
Inc. and dated as last revised January 15, 1987, a copy of which Preliminary
Engineering Plan is attached hereto as EXHIBIT D and incorporated herein,
(EXHIBITS C and D hereinafter ,jointly referred to as the Preliminary Development
Plan) and subject to all other exhibits attached
hereto or incorporated by reference herein.
25451011
1 5
WHEREAS, pursuant to the provisions of Section 11-15. 1-1 et. seq. , of the
Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1985) 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 classification of I (Industrial) District; and,
WHEREAS, the President and Board of Trustees after due and careful
consideration 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 1985) 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 1985) as the same may have been modified by the Village's Home
Rule powers, conditioned on the execution of this Agreement and the compliance
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
2545104
2 � .
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 I (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
Ordinance") 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 A) . 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 I (Industrial)
District 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 Development Plan (EXHIBITS C and D) .
5. Approval of Plats. The Corporate Authorities hereby approve the
Preliminary Development Plan (EXHIBITS C and D) pursuant to the provisions of the
Development Ordinance and in addition agree to approve a Final Plat of
Subdivision 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 Development Plan, (EXHIBITS C and 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 B) as
amended from time to time.
2S4a1.(l4
3 7
It is understood and agreed that the final subdivision plat or plats that
will hereinafter be submitted by the Owner shall conform to the phases of the
Preliminary Plan.
6. Com liance 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
discriminatorily 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.
Notwithstanding the provisions of this Paragraph, no zoning changes will be
applied that would adversely effect the development of the Property pursuant to
the Preliminary Development Plan.
7. Amendment of Plan. If the Owner desires to make changes in the
Preliminary 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 Plan. The Village Manager is hereby authorized
to approve such minor changes as he deems appropriate.
8. Building Permit and Engineering 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
4 2541104
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 Owners of 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. 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 all users on the
Property 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 SanitarZ 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 proposed development to the Lake County Public Works
5 254 5104
1
Department for the collection of sewage. 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
systems, 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, 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 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 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 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.
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6 �
12. Pa ent of Recapture Fees Owed. Any amount of recapture required to be
paid by this Property shall be due and payable upon final platting of Phase I of
this development.
13. Security for Public and Private Site Im rovements. Security for public
and private site improvements shall be provided in accordance with the
Development Ordinance, and the Development Improvement Agreement (EXHIBIT B) as
amended from time to time. Any letter of credit issued for such improvements
shall be drawn on a financial institution of net worth reasonably satisfactory to
the Village Attorney. The issuer may have an equitable or lending interest in
the Property provided that the letter of credit, either by its own terms or by
separate written assurances of the issuer, shall be honored irrespective of that
interest. The Village shall have the right to draw up to the full amount of the
letter of credit in order to complete, and have formal acceptance of, all
improvements secured by the letter of credit.
14. 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 Plat of Annexation
EXHIBIT B Development Improvement Agreement
EXHIBIT C Concept Site Plan
EXHIBIT D Preliminary Engineering Plan
EXHIBIT E Variations
EXHIBIT F Landscaping Plan
15. Building, 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
25451011
11
the Corporate Authorities before commencing construction of buildings. Lighting
and signage shall be compatible with surrounding areas. Phases not under
construction or completed shall be maintained in a neat and orderly fashion as
determined by the Village Manager.
16. Declaration of Protective Covenants. Owner shall record against the
Property a declaration of protective covenants, conditions, and restrictions
which shall include provisions which grant the Village the right, but not the
obligation, to enforce covenants or obligations of the Owners or Owner's
association as defined and provided within the declaration of protective
covenants, and further shall grant the Village the right, upon thirty (30) days
prior written notice specifying the nature of the default, to enter upon the
Property and cure such default, or cause the same to be cured at the cost and
expense of the association or the Owner or Owners thereof. The Village shall
also have the right to charge or place a lien upon the Property of the Owner's
association for the repayment of such costs and expenses, including reasonable
attorneys' fees incurred in enforcing such obligations. The declaration shall
further provide that these provisions may not be amended without the approval of
the Village. Prior to recording, the finalized declaration of protective
covenants shall be submitted to the Corporate Authorities for their approval in
their sole discretion. Said declaration shall include, but not by way of
limitation, the following covenants and obligations: to maintain lakes and
drainage system pursuant to Village ordinances and in a neat and orderly manner
so as not to cause standing water, conditions of excess sogginess, erosion, odor,
or other times determined by the Village Engineer or Health Officer to be
detrimental to the area, to maintain the landscaped median in Deerfield Road and
the landscaped center
islands in the cul-de-sacs, and to maintain the "Landscape Buffer" as shown on
EXHIBIT C.
254alG4
8
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 his intention to fully comply with all Village requirements, his
willingness to discuss any matters of mutual interest that may arise, and his
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.
18. Enforceabil.ity 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 A reement. 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. Binding 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.
254al(14
9 '?
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: LaSalle National Bank,
as Trustee Under Trust Agreement
dated December 11, 1986 known as
Trust No. 111843
135 S. LaSalle
Chicago, IL 60603
Copy to: Lawrence Freedman
Ash, Anos, Freedman & Logan
77 W. Washington Street
Chicago, IL 60602
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa
Bloche' , French & Raysa
1140 Lake Street
Suite 400
Oak Park, IL 60301
23. Default. In the event Owner defaults, in his performance of his
obligations set forth in this Agreement, then the Village, may, upon notice to
Owner allow Owner sixty (60) days to cure default or provide evidence to the
Village that such default will be cured in a timely manner if it cannot be cured
during said period. If Owner fails to cure such default or provide such evidence
as provided above, then, with notice to Owner, the Village may begin proceedings
to disconnect from the Village any portion of the Property upon which development
has not been completed or at the option of the Village, to rezone such Property
to the R-1 District zoning classification. In such event, this Agreement shall
be considered to be the petition of the Owner to disconnect such portion of the
Property, or at the option of the Village to rezone such Property to the R-1
District zoning classification.
10 25451.04
�A
24. Special Conditions.
A. Notwithstanding any other term or condition of this Agreement or
Village Ordinances, the Property may be developed with the variances as described
in EXHIBIT E.
B. The Owner agrees to install bus shelters at locations recommended
by the Village if a public bus route is established through this subdivision
within five (5) years of the date of this Agreement.
C. Any loading dock doors facing onto Deerfield Road shall be setback
at least 100 feet from the Property line. Area for vehicle maneuvering to access
said loading docks shall be provided on site.
D. Deerfield Road shall have no more than four median breaks which
shall be not less than 400 feet apart.
E. The Owner shall be allowed to construct a portion of the bicycle
path adjacent to Deerfield Road on a public easement outside of the public right
of way.
F. The Owner shall be responsible for the construction of the
extension of Corporate Grove Drive south of Busch Parkway along with the
intersection design, improvements and the local share cost of signalization of
the intersection of Corporate Grove Drive and Busch Parkway. Said design,
improvements, and signalization are subject to the approval of the Village.
G. The Owner agrees to make the parcel noted on EXHIBIT C as
"Potential Commuter Train Station Site" (hereinafter "Site") available to the
Village or other public agency (hereinafter collectively referred to as "Village"
for purposes of this Paragraph G) subject to the following terms:
1. The Village shall have the right to purchase the Site for not
to exceed $2.25 per square foot until December 15, 1988.
2s4ila41
11
2. From 12/16/88 through 12/15/90, the Village shall have the
right of first refusal to purchase the Site at the lesser of $3.50
per square foot or the purchase price of a bonafide offer. Said
right of first refusal shall be executed by the Village within 90
days of receipt of written notice of a bonafide offer.
3. From 12/16/90 through 12/15/06, the Village shall have the
right of first refusal to purchase the Site at not greater than
the purchase price of a bonafide offer. Said right of first
refusal must be executed by the Village within 30 days of receipt
of written notice of bonafide offer.
4. If the Village does not execute its right of first refusal
under Paragraph G.2 or B.3 hereof, and if said bonafide offer does
not close within one year of the date of the Village's receipt of
notice, the Village's right of first refusal shall again become
operative.
5. If the Village fails to execute its rights of first refusal
hereunder, or if the Village executes its right of first refusal
and fails to purchase the Site, the Owner shall be entitled to
sell Property according to the terms of said bonafide offer.
H. The areas noted as "Landscape Buffer" on EXHIBIT C shall be
landscaped pursuant to EXHIBIT F with a minimum berm height of 6 to 8 feet. Said
landscaping shall be installed within 24 months of approval of the Final Plat of
Subdivision.
I. There are two (2) "gaps" noted on the Plat of Annexation (EXHIBIT
A) both north and south of the Property. If it is determined that one or both of
these gaps is owned by the Owner, Owner shall petition the Village for annexation
in the I (Industrial) District for said gap or gaps. If one or both of these
gaps is not owned by the Owner, Owner shall make its best effort to purchase said
254� Gil
gap or gaps and, upon gaining ownership, petition the Village for annexation in
the I (Industrial) District for said gap or gaps.
J. Upon platting of Phase 2, either a 60 foot wide publicly dedicated
right of way shall be provided from the cul-de-sac to the west Property line or
an emergency access easement shall be provided through Lot 19 to connect with
Elizabeth Avenue. Determiniation of this shall be at the sole discretion of the
Village.
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
-}'t�"'"-'"s•• VERNA L. CLAYTON, Villa President
ATf
Vi Trustee's Exoneration Rider Attached Hereto And Made A Part Hereof
LaSalle National Bank, as Trustee Under
Trust Agreement dated December 11, 1986,
known as Trust No. 111843 and not individnalIN
7. I C
• (� L,t�cr. /
-
3� � CE PRESIDENT
ATTEST,;:
-ASSISTANT SECIRETARY; This instrument is executed by LA SALLE NATIONAL BANK, not
f .
personally but solely as Trustee, as aforesaid, in the exercise of
the power and authority conferred upon and vested in it as such
Trustee. All the terms, provisions, stipulations, covenant and
conditions to be performed by LA SALLE NATIONAL BANK are undertaken
by it solely as Trustee, as aforesaid, and not individually and all
statements herein made are made on information and belief and are to
be construed accordingly, and no personal liability shall be
asserted or be enforceable against LA SALLE NATIONAL BANK by reason
of any of the terms, provisions, stipulations, covenants and/or
statements contained in this instrument.
LA SALLE NATIONAL BANK as trustee as aforesaid, and not personally,
2 54 51�i� has executed the foregoing document at the direction of authorized
parties for the sole purpose of binding the trust estate under said
trust. No personal liability is assumed by or may be asserted
he against said Bank personally.
13