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1987-018 ORDINANCE NO. 87- 18 AN ORDINANCE APPROVING ANNEXATION AGREEMENT (Cotey/Necker Property) 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 - Marienthal, O'Reilly, Glover, Reid, Shields NAPES: 0 - None ABSENT: 1 - Kowalski PASSED: February 23, 1987 APPROVED: February 23, 1987 APPROVED: `� P\ ��c•.. .cam' _. •ATj�..44 fs VERNA L. CLAYTON, Village Pres A ent 4S2$Ir ® qr Vi114e��C1jirk Sp�� � 256314r. RECORDER LAh CCrU1v1Y. ILL1�191S 1987 HAY -4 PH 4: 33 STATE OF ILLINOIS � SS. COUNTY OF COOK & LAKE ) I, JANET M. SIRABIAN, hereby certify that I am the duly elected, qualified and acting VILLAGE CLERK of the Village of Buffalo Grove, Counties of Cook and Lake, Illinois, and the keeper of its seal and records. I hereby further certify that the attached is the original of Ordinance No. 87-18 adopted on the 23rd day of February , 19 87 , by the Village Board of the Village of Buffalo Grove as shown by the records in my custody. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Village of Buffalo Grove aforesaid, at said Village, in the County and State aforesaid, this lst day of May , 19 87 . Village Clerk r �L :dGe V�Dye 2/23/87 COTEY/NECKER PROPERTY ANNEXATION AGREEMENT Table of Contents 1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 2. A reement: Compliance and Validity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 4. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 5. Approval of Plats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . .4 7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 8. Building Permit and Engineering Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .•. . . . 10. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 11. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 12. Payment of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 13. Security for Public and Private Site Improvements. . . . . . . . . . . . . . . .7 14. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 15. Annexation Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 16. Building, Landscapin& and Aesthetics Plans. . . . . . . . . . . . . . . . . . . . . . .7 17. Ri ht of Wa Dedication. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .8 18. Annexation to the Buffalo Grove Park District. . . . . . . . . . . . . . . . . . . .8 19. Facilitation of Develo ment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 20. Enforceability of th eement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .8 21. Term of A reement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 22. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 23. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 24. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 25. Default. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 26. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 �5s3�41 2/23/87 COTEY/NECKER PROPERTY ANNEXATION AGREEMENT This agreement (hereinafter referred to as the "Agreement") made and entered into this 23rd day of February 1987, by and between the VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation (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 J. Cotey Furniture, Inc. , a corporation; Willy Necker and Frances Necker (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 7.097 acres more or less legally described and identified in the Petition for 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, Owner desires and proposes to zone the Property pursuant to the provisions and regulations applicable to the B-3 and B-4 Districts of the Village Zoning Ordinance and to develop the B-4 portion of the Property in accordance with and pursuant to a certain Preliminary Plan prepared by Gewalt-Hamilton Associates and dated as last revised February 17, 1987 (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; and, 25s3141 1 WHEREAS, the B-3 portion of the Property is hereby identified as Parcel 2 on EXHIBIT A and the B-4 portion of the Property is hereby identified as Parcel 1 on EXHIBIT A; and, WHEREAS, pursuant to the provisions of Section 11-15. 1-1 et. seq. , of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1985) 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 classification of B-3 and B-4 Districts; 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) 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. Agreement: Compliance and Validity. The Owner has filed with the Village Clerk of the Village a proper petition (EXHIBIT A hereto) pursuant to and in accordance with provisions of Section 7-1-8 of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1985) and as the same may have been modified by the Village's Home Rule powers, conditioned on the execution of this 2 25631.41 4 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 the aforesaid petition for annexation, shall be null, void and of no force and effect unless Property is validly annexed to the Villaga and is validl,� coned and classified in the B-3 and B-4 Districts, 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 B) . Recordation shall take place no more than thirty (30) aays 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 B-3 and B-4 Districts subject to the restrictions further contained herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to time. Said B-4 zoning shall be further conditioned on the development of the Property in accordance with a Preliminary Plan prepared by Gewalt-Hamilton Associates and dated as last revised February 17, 1987, (EXHIBIT D) . 5. Approval of Plats. The Corporate Authorities hereby approve a Preliminary Plan (EXHIBIT D) pursuant to the provisions of the Development Ordinance and in addition agree to approve a Final Plat of Subdivision or plats of 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 3 2SG3141 f 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. 6. Co 2liance 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. 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. 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 conflict arises between the Owner and the Village on any engineering and technical matters subject to this Agreement, the Village reserves the right to 4 25G3121 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 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 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 proposed development to the Lake County Public Works Department for the collection of sewage and to the Illinois Department of Transportation as may be appropriate. The Owner shall construct on-site and off-site sanitary sewers as 5 2563141 may be necessary to service the Property, as per EXHIBIT D, however, it is understood that changes to the Preliminary 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 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 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. 12. Payment of Recapture Fees Owed. Any amount of recapture required to be paid by this Property shall be due and payable upon the first final plat for this Property. 6 2Ss3141 13. Security for Public and Private Site Improvements. Security for public and private site improvements shall be provided in accordance with the Development Ordinance, and the Development Improvement Agreement (EXHIBIT C) 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 hearings 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 Petition for Annexation of Property EXHIBIT B Plat of Annexation EXHIBIT C Development Improvement Agreement EXHIBIT D Preliminary Plan 15. Annexation Fee. Owner agrees to pay an annexation fee in an amount equal to $600 per acre which fee shall be payable prorata at issuance of building permits. However, this fee shall be paid in full prior to the expiration of this Agreement. 16. 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 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. 17. Right of Way Dedication. The Owner acknowledges that it is the intention of the Village and other involved agencies that at some time in the future Milwaukee Avenue will be widened. At the request of the Village, but no later than upon approval of the Final Plat of Subdivision, the Owner agrees to dedicate such additional right-of-way along Milwaukee Avenue as may be required to permit the widening of Milwaukee Avenue to include 54 feet of right-of-way from the center line. 18. 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. 19. 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 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. 20. 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 8 2563141 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. 21. 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. 22. Binding Effect of Agreement. This Agreement shall be binding upon the parties hereto, their respective successors and assigns. 23. Corporate Capacities. The parties acknowledge and agree that the individuals that are members 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. 24. 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: J. Cotey J. Cotey Furniture, Inc. 3075 Commercial Northbrook, IL 60062 and Willy Necker 21313 N. Highway 21 Wheeling, IL 60090 Copy to: Murray R. Conzelman Conzelman, Shultz, Snarski & Mullen 33 N. County Street Waukegan, IL 60085 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 9 25. Default. In the event Owner or Developer 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. 26. Special Conditions. A. A variation is hereby granted to Section 17. 16.060 of the Zoning Ordinance to allow the B-3 parcel to be developed as an approximate 3.603 acre parcel rather than a 5.0 acre parcel. B. A variation is hereby granted to Section 16.50.040.C.3. of the Development Ordinance to allow a detention basin side slope of 1:2 rather than 6:1. C. Access to both the B-3 and B-4 parcels shall be limited to Estonian Lane. No access shall be allowed from Milwaukee Avenue. D. Owner agrees to be responsible for all legal fees and other costs incurred by the Village resulting from any legal challenges to the annexation, zoning or preliminary plan approval for this Property. 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. 25G3141 10 VILLAGE OF BUFFALO GROVE VERNA L. CLAYTON, Villqo President ATTEST ' �°f':•w� it Cl '1y a +„ J. COTEY FURNITURE, INC. All- e t ATTEST: WILLY NECKER FRANG6ZNECKER 2SG3141 r LEGAL DESCRIPTION B-3 Parcel: That part of the south half (S�) of Section Twenty-six (26) , Township Forty-three (43) North, Range Eleven (11) , East of the Third Principal Meridian, described as, beginning at the northwest corner of Lot Five (5) in Tripp's Subdivision as .shown by a plat thereof, recorded in the Recorder's Office of Lake County, Illinois in Book "C" of Plats, Page 80, thence east along the north line of said Lot 5, 472.6 feet, thence south (forming a southwest angle with said north line of Lot 5 of 90 degrees 47 minutes) 451.6 feet, - thence west parallel to said north line of Lot 5, 366.8 feet more or less to the west line of said Lot 5, thence northerly along said west line. of Lot 5, 464.4 feet to the place of beginning, containing 4.33 acres more or less. B-4 Parcel: That part of Lot 4 in Tripp's Subdivision of Sections 26 and 27, Township 43 North, Range 11 East of the Third Principal Meridian according to the plat thereof recorded April 21, 1894 and Document Number 58422 in Book C of Plats, page 80 described as follows. Beginning at a point in said Lot 4, 6 rods and 3.50 feet north of the south line thereof and 20 rods east of the centerline of Milwaukee Road, said centerline being the westerly line of said Lot 4; thence north 5 rods; thence west on a line parallel with south line of said Lot 4 to the centerline of said Milwaukee Road; thence south easterly along said centerline of said Milwaukee Road to a point 10 rods south of the east and west line above described (being the north boundary of the parcel of land herein described) ; thence east to a point 5 rods south of the place of beginning thence north to the place'of beginning (except that part lying within the right-of-way of Milwaukee Road) in Lake County, Illinois and also Lots 6 and 7 in McKnight's Resubdivision of part of Lot 4 of Tripp's Subdivision in part of Section 26, Township 43 North, Range 11 East of the Third Principal Meridian, Lake County, Illinois and also that part of Milwaukee Road lying north of the south line and the easterly extension of Lot 1 in aforesaid Tripp's Subdivision and lying*'south of the north line and westerly extension thereof of aforesaid Lot 7 in McKnight's Resubdivision in Lake County, Illinois in said Parcel 1. 2s63��1 EXHIBIT "A"