1983-035 STATE OF ILLINOIS
COUNTIES OF COOK & LAKE ) SS.
I , JANET M. SIRABIAN, hereby
elected certify
Y that I am the duly
qualified and acting
n9 VILLAGE CLERK of
o Grove the Villa
Counties of Cook and Village of
of its seal and Lake, 111inois
Lake,
and the keeper
I hereby further
certify that Of Ordinance No, the attached d Is a true copy
1 �p�� n the
, by the day of
of Buffalo Village Board
Grove as shown b of the Village
y the records in my custody.
IN WITNESS WHEREOF, I have hereunto
the seal of the Vill Set my hand
age °f Buffalo and affixed
Grove aforesaid
at said Village
in the County and State aforesaid
this '
19
%?44 day of
' liage Clerk '
ORDINANCE NO. 83- 35
AN ORDINANCE APPROVING ANNEXATION AGREEMENT
_(Cedar View Residential )
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 pro-
perty legally described in Exhibit A hereto; and,
WHEREAS, there has also 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 I. 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 _ Stone, O' Reilly, Glover, Reid, President Clayton
2 - Marienthal Hartstei
NAYES: •n
ABSENT: 0 - None
PASSED: August 1 1983
1
APPROVED: August 1983
-- _
APPROVED::
8/l/83
CEDAR VIEW RESIDENTIAL
ANNEXATION AGREEMENT
TABLE OF CONTENTS
1. Applicable Law. 3
2. Agreement: Compliance and Validity. 3
3. Enactment of Annexation Ordinance. 4
4. Enactment of Zoning Ordinance. 4
5. Approval of Plats. 5
6. Compliance with Applicable Ordinances. 6
7. Amendment of Plan. 6
8. Building Permit Fees. 7
9. Water Provision. 8
10. Storm and Sanitary Sewer Provisions. 8
11. Drainage Provisions. 10
12. Owner Recapture of Utility Costs. 10
13. Payment of Recapture Fees Owed. 11
14. Street and Parking Area Provisions. 11
15. Security for Public and Private Site
Improvements. 11
16. Exhibits. 12
17. Annexation Fee. 13
18. Building, Landscaping and Aesthetics Plans. 13
19. Declaration of Condominium. 14
20. Project Models. 15
21. Park District Donations. 15
22. School District Donations. 15
23. Library District Donations. 16
24. Annexation to the Buffalo Grove Park District. 16
25. Facilitation of Development. 16
26. Enforceability of the Agreement. 17
27. Term of Agreement. 17
28. Binding Effect of Agreement. 17
29. Corporate Capacities. 18 {:
30. Notices. 18
31. Default. 18
32. Special Conditions. 19
8/l/83
CEDAR VIEW RESIDENTIAL
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the
"Agreement") made and entered into this lst day of
August, 1983, 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 and
Trust Company as Trustee under Trust No. 100522 dated
January 10, 1979, (hereinafter referred to as "Owner") ;
and David M. Haller doing business as R & S Development
and Management Company (hereinafter referred to as
"Developer") .
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 15.8558 acres (which includes all
adjacent rights-of-way) located South of Dundee Road at
Golfview Terrace, North of the Northgate Subdivision in
Arlington Heights, West of the Dun-Lo Subdivision in Cook
County and East of Frenchman's Cove in Arlington Heights
legally described and identified in the Petition for
1 n
Annexation, which is attached hereto as EXHIBIT A,
which exhibit is made a part hereof (hereinafter referred
to as the "Property") and which real estate is contiguous
to the corporate limits of the Village; and
WHEREAS, Owner desires and proposes pursuant to the
provisions and regulations applicable to the R-9 P.U.D.
Zoning District of the Village Zoning Ordinance to
develop property in accordance with and pursuant to a
certain Preliminary Development Plan prepared by
Johnston Associates, Inc. , and dated as last re-
vised July 20, 1983, and also Preliminary Engineering
Plan prepared by Westerberg/Koenen, Inc. and dated as
last revised June 13, 1983 (hereinafter jointly referred
to as the "Preliminary Development Plan") , a copy of
which Preliminary Development Plan is attached hereto as
EXHIBIT D and EXHIBIT E and incorporated herein, and
subject to all other exhibits attached hereto or
incorporated by reference herein. Said development of
property shall contain one hundred thirty-two (132)
multiple family residential units not more than fifty
(50) percent of which shall be one bedroom units.
WHEREAS, pursuant to the provisions of Section
11-15.1-1 et, seq. , of the Illinois Municipal Code (Chap-
ter 24, Illinois Revised Statutes 1979) a proposed Annex-
ation Agreement, in substance and in form substantially
the same as this Agreement, was submitted to the Corpor-
ate Authorities and a public hearing was held thereon
2
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 R-9 P.U.D.
Zoning 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 inter-
ests 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 pursu-
ant to and in accordance with the provisions of Section
11-15.1-1 et. seq. , of the Illinois Municipal Code (Chap-
ter 24, Illinois Revised Statutes 1979) and the Village's
Home Rule powers. The preceding whereas clauses are
hereby made a part of this Agreement.
2. Agreement: Compliance and Validit . The Owner
has filed with the Village Clerk of the Village a proper
petition (EXHIBIT A hereto) pursuant to and in accord-
ance with provisions of Section 7-1-8 of the Illinois
Municipal Code (Chapter 24, Illinois Revised Statutes
3
A04
1979) , 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 under-
stood 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.
3. Enactment of Annexation Ordinance. The Corpor-
ate Authorities within twenty-one (21) days of the execu-
tion 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
Cook County Recorder's Office along with the N
Q%
Plat of Annexation (attached hereto as EXHIBIT B) .
Recordation shall take place no more than thirty (30)
00
days after enactment of Annexation Ordinance.
4. Enactment of Zoning, Ordinance. Within twenty-
one (21) days after the passage of the Annexation Ordi-
nance, the Corporate Authorities shall adopt an ordinance,
zoning Property in the R-9 P.U.D. Zoning 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 a Preliminary Development Plan
prepared by Johnston Associates, Inc. and dated
4
dww
July 20, 1983 (EXHIBIT D) , and the Preliminary
Engineering Plan prepared by Westerberg/Koenen, Inc.
and dated June 13, 1983 (EXHIBIT E).
5. ARproval of Plats. The Corporate Authorities
hereby approve a Preliminary Development Plan (EXHIBIT D
& E) pursuant to the provisions of the Village of Buffalo
Grove Development Ordinance (hereinafter referred to as
"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 Development Plan,
(EXHIBITS D & E) 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 Agree-
ment (EXHIBIT C) as amended from time to time.
It is understood and agreed that the final subdivi-
sion plat or plats that will hereinafter be submitted by
the Owner shall conform to the phases of the development
as shown on the Preliminary Development Plan except that
the Developer, at its option, may separately subdivide
portions of the property within the Phase provided that
5
dow
all improvements within such phase are bonded or
otherwise secured.
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 ord-
inances, 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. The Preliminary Development Plan (Exhibit D)
contains the following variations which are hereby
approved:
(a) cul-de-sac length in excess of
500 ft. ;
(b) a reduced right-of-way width from
60 ft. to 54 ft.
(c) sidewalks on one side of the street.
7. Amendment of Plan. If the Owner desires to
make changes in the Preliminary 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 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
6
additional public hearings and may review the com-
mitments of record contained in this Agreement, in-
cluding, but not limited to fees, prior to final con-
sideration of any change in the Preliminary Development
Plan. The Village Manager is hereby authorized to
approve such minor changes as he deems appropriate,
provided that no such change (a) involves a reduction
of the area set aside for common open space; nor
(b) increases by more than two percent (2%) the total
ground area covered by buildings.
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
r
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 reviews and
inspections related to the Development regulations as
applied to the property 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 construct
on-site and off-site watermains as may be necessary to
service the Property as shown on EXHIBITS E and F. The
7 _?�()
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 E
and F 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
N
users on the Property in accordance with the Preliminary Q;^
t�
Development 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 Sanitarx Sewer Provisions.
A. The Corporate Authorities agree to cooper-
ate with the Owner and to use their best efforts to aid
8 'oG�[///
Owner in obtaining such permits from governmental
agencies having jurisdiction as may be necessary to auth-
orize connection from the proposed development to the
Metropolitan Sanitary District of Greater Chicago
for the collection of sewage and to the Illinois Depart-
ment of Transportation and Cook County Department of
Highways 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 E and F, 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 connec-
tions. The Owner agrees to accept any increase in sewer
rates and tap on fees, provided that such fees and rates
and fees are applied consistently to all similar users
in the Village.
B. The Owner shall also construct on the prop-
erty in question any storm sewers which may be necessary
to service the Property, as per EXHIBIT E and F, however,
it is understood that changes to the Preliminary
Engineering Plan may be required at the time of
Final Engineering.
9
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 pub-
lic 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. Draina a Provisions. The Developer shall fully
comply with any request of the Village Engineer re-
lated to the placement of buildings on lots, to preserve
drainage standards. The Developer shall install any
storm sewers and/or inlets which are required to elim-
inate 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. Owner Reca ture of UtilitZ Costs. It is fur-
ther understood and agreed that a portion of the sanitary
sewer, storm sewer, and/or watermain to be constructed
and installed by the Owner to serve the proposed
development of the Property (hereinafter referred to as
"Owner's Improvements") may be required by the Village
to be so located and/or oversized as to benefit vacant
neighboring properties not owned by the Owner, 'thus
making such utility service available thereto. The
10
,W,4z
Corporate Authorities agree to adopt an ordinance and
take such other action as may be necessary to permit the
Developer to recapture from such vacant neighboring
property owners as may be benefitted by the Owner's
Improvements, that portion of the actual costs of
oversizing the construction and installation of Owner's
Improvements, in such proportionate amounts from such
neighboring property owners as may be so benefitted, all
as determined by the Village. The Village and Owner
agree to use their best efforts to cooperate to achieve
the most practical and feasible route to the off-site
utilities connection points. The Village agrees to
cooperate with the Owner in effectuating recapture from
future developers as appropriate.
The Village shall be entitled to a five percent
C7�
(S%) fee from any amounts hereby recaptured as and for
its collection efforts.
r-,
13. Payment 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 or upon issuance of the first sewer and
water permit. The Developer acknowledges that a
recapture fee for sanitary sewer is due to the Chatham
Development.
14. Street and Parkin Area Provisions. The Owner
agrees that all streets, parking and other areas are to
be constructed in accordance with Village standards as
11 OA�� -Orle
set forth in the Development Ordinance as amended from
time to time.
15. Securityfor Public and Private Site Im rove-
ments. Security for public and private site
improvements shall be provided in accordance with the
Development Ordinance and the Development Improvement
Agreement, 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 (n
have formal acceptance of, all improvements secured by
the letter of credit. The amount of the letter of credit
shall not be reduced by expenditures made by the
Developer until such improvements have been formally
accepted by the Village, provided that such acceptance
by the Village shall not be unreasonably withheld.
16. 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
12
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 Development Plan
EXHIBIT E Preliminary Engineering Plan
(Cedar View residential)
EXHIBIT F Preliminary Engineering Plan
(Cedar View Office)
EXHIBIT G Landscaping Plan
EXHIBIT H Frenchman's Cove Park Improvements
EXHIBIT I1, Preliminary Elevations
I2,
17. Annexation Fee. Owner agrees to pay an annexa-
tion fee in an amount equal to $200 per residential
dwelling unit 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
0
Agreement.
tz
18. Building, Landsca in and Aesthetics Plans. As �
required under Village Ordinance #72-12, as amended from
time to time, Owner will submit building and landscaping
plans (which landscaping plans shall conform to the re-
quirements of Village Ordinances) for approval by the
Appearance Commission and the Corporate Authorities be-
fore commencing construction of buildings. Lighting and
signage shall be complimentary to surrounding areas.
Phases not under construction or completed shall be main-
13
tained in a neat and orderly fashion as determined by the
Village Manager.
19. Declaration of Condominium. In the event that
any portion of the property shall be developed under the
Illinois Statutes relating to condominiums, the condomin-
ium covenants, conditions and restrictions shall include
a provision whereby the Village shall have the right, but
not the obligation, to enforce covenants or obligations
of the association or the owners of the units as defined
and provided within the Declaration of Condominium, and
further shall have the right, upon thirty (30) days prior
written notice specifying the nature of a default, to
enter upon common open spaces 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 condominium association for the
to
repayment of such costs and expenses, including reason-
able attorneys' fees in enforcing such obligations. The
declaration shall further provide that this provision may
not be amended without the approval of the Village.
Prior to recording, the finalized Declaration of
Condominium shall be submitted to the Corporate
Authorities for their approval. Said Declaration shall
include, but not by way of limitation, the following
covenants and obligation: to maintain the common areas
pursuant to Village of Buffalo Grove Ordinances and in
14
a neat and orderly manner.
20. Pro'ect Models The Village agrees to permit
the Developer to construct and maintain one (1)
model area on the Property, consisting of a maximum of
two (2) buildings together with suitable off-street
parking areas, all subject to Appearance Commission
approval. Such construction shall be in compliance
with the provisions of the Village's Building Code
in existence at the time of building permit issuance.
Further, the Developer may utilize models only as a
project office for the marketing of portions of the
Property as well as a construction and/or general
office. Such use shall be discontinued when the
project contemplated herein has been fully and finally
completed.
21. Park District Donations. Developer agrees to
Q+
comply with the provisions of Title 19 of the Buffalo
Grove Municipal Code as amended from time to time re-
garding park donations. Developer agrees that it will
make contributions of money to the Village for conveyance
to the Buffalo Grove Park District according to the
criteria of said title.
22. School District Donations. Developer agrees
to comply with the provisions of Title 19 of the Buffalo
Grove Municipal Code as amended from time to time regard-
ing school donations. Developer agrees that it will make
15
4Q��- -`,7�e
contributions of money to the Village for conveyance to
School Districts #21 and #214 according to the criteria
of said Title. The contribution of money to School
Districts #21 and #214 will be by way of payment to the
Village, to be made prorata concurrently with the
issuance of building permits by the Village.
23. Library District Donations. Developer agrees
to comply with the provisions of Title 19 of the Buffalo
Grove Municipal Code as amended from time to time regard-
ing library donations.
Developer agrees that it will make contributions of
money to the Village for conveyance to the Indian
Trails Public Library District according to the criteria
of said Title. The contribution of money to the Indian
Trails Public Library District will be by way of payment
to the Village, to be made prorata concurrently with the
issuance of building permits by the Village. ~�
CD
24. Annexation to the Buffalo Grove Park District. Cr
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.
25. 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 devel-
16
opment 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.
26. Enforceability of the Agreement. This Agree-
ment shall be enforceable in any court of competent jur-
isdiction 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 deem-
ed to be excised herefrom and the invalidity thereof
shall not affect any of the provisions contained herein.
27. Term of Agreement. This Agreement will be bind-
ing on all parties for a term of ten (10) 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.
28. Binding Effect of Agreement. This Agreement
shall be binding upon the parties hereto, their respec-
tive successors and assigns.
17
29. Corporate Capacities. The parties acknow-
ledge and agree that the individuals that are members of
the group constituting the Corporate Authorities are
entering into this Agreement in their official capaci-
ties as members of such group and shall have no personal
liability in their individual capacities.
30. 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 the Owner: David M. Haller
R & S Development & Management
Company
1213 Long Valley Drive
Palatine, Illinois 60067
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard Cz
Buffalo Grove, IL 60090 In
Copy to: William G. Raysa
Bloche' , French & Raysa
1011 Lake Street
Oak Park, IL 60301
31. 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
18
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.
32. Special Conditions.
A. The Developer shall fully construct
Golfview Terrace (formerly Three States Boulevard)
including sidewalks, from Dundee Road south to the
southernmost entrance to the Property as shown on
1�
EXHIBITS E and F during Phase I of the project.
B. The Owner hereby agrees to maintain the on
landscaping installed on the Golfview Terrace
right-of-way. Such maintenance shall be in
conjunction with the amounts of landscaping
installed. A covenant to this effect shall be on the
Final Plat of Subdivision and shall run with the
land.
C. The Owner hereby agrees to pay the local
share, if any, as determined by the Village
Engineer, for installation of a traffic light and
19 -Zfze
�G2�7'
opticon at the corner of Dundee Road and Golfview
Terrace, when such traffic light may be warranted
and approved by the Illinois Department of
Transportation.
D. The Owner hereby agrees to construct and
maintain such temporary pedestrian walkways as may
be required to provide safe access to the sidewalk
on Page Avenue to the south of the Property during
construction. The design and location of such
walkways shall be subject to the approval of the
Village Engineer, and shall be installed and removed
by order of the Village Engineer.
E. The Owner hereby agrees to provide to the
Village permanent easements for pedestrian access
for the sidewalks connecting the westernmost
cul-de-sac with the sidewalk on Page Avenue and the
sidewalk connecting the Property with Frenchman's
Cove Park as shown on EXHIBIT D. Said easements
shall be noted on the final plat. In
F. The Owner hereby agrees to grade and
hydro-seed Frenchman's Cove Park as shown in EXHIBIT
H at a cost not to exceed $12,500. The improvements
will be completed during Phase I of the project if
the Park has been properly conveyed to and accepted
by the Buffalo Grove Park District. If not, the
improvements will be made at the direction of the
20
Village, subsequent to conveyance to and acceptance
by the Buffalo Grove Park District.
G. The Owner hereby agrees to secure an
easement for emergency access from Kingswood United
Methodist Church (as shown on the Preliminary Plan
as "Fire Lane") . Said easement shall stay in full
force and effect until a permanent easement is
obtained.
H. The Owner hereby agrees that maintenance
of grass or other landscaping installed on islands
at the center of the cul-de-sacs shown on EXHIBIT D
shall be the responsibility of the homeowners'
association.
Cul-de-sacs will be shown on the Final Plat of
Subdivision as lots.
I. Owner acknowledges the existence of an
Agreeffient Relating to Boundaries between the Village
of Arlington Heights and the Village of Buffalo
Grove" dated May 3, 1976 ("Boundary Agreement") .
The owner hereby agrees to be
responsible for any litigation which may arise as a
result of the Buffalo Grove/Arlington Heights
Boundary Agreement and further agrees to cooperate
with the Village in this matter.
The owner hereby indemnifies and holds
the Village harmless from any actions or causes of
21 //
actions which may arise from the Boundary Agreement,
to include but not by way of limitation, attorneys'
fees, court costs and expenses.
J. If said Boundary Agreement is upheld by
the highest court of competent jurisdiction, Owner
acknowledges: 1) that the subject Property is still
annexed to the Village, and 2) that the Owner may
develop the Property pursuant to the Annexation
Agreement, but that the Owner shall build not to
exceed 132 townhomes and submit a new preliminary ,
plan for approval by the Village, pursuant to the
development ordinance. It is hereby understood and
agreed that this approval shall be in 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.
Z a
RIDER.ATTACI3ED TO AND MA
A PART OF DOCMIEY ---
DATED gy�/S7 fg--77i,DER TRUST ?.0. V W
.e=
This instrument is execaseafore aidby ,JLin the0 exercise�ofo the epoaerlly and W
but solely as Trustee, All
authority conferred upon and vestcovenat►tsd in it aanduconditions•to be performed �
tee_ provisions, stipulations,
by LaSALLE 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 beof the enfoorceable against .�
LaSALLE nkTIO�AL BAA'IC by reason of an}
ained in this instrument.
stipulations; covenants and/or statements cont
• rom X% 0421
22
r
VILLA F BUFFALO GROVE
r
ATTEST: .•
g�< DOWNER
• mmuoua~� J��ti{�� .•P
LaSa
lle National Bank
-(as Trustee under Trust
No. 100522 "ated4jaua 10,
1979)
` ATTE e
ylj Assjstantnt
t Secret���yy
�. � �88'18taT1 -DEV PER
4} ' r� avid M. Haller
t x
R & S Development and Management
�
Company
'
TJ
011
tz
.ar'
Buocm . FRENCH & RAYSA, P.C..
p Ayron"EYS AT LAW
:SUITE 332 loll LAKE STREET
OAK PARK. ILLINOIS 60304
3864273
23
STATE OF IL-LINOIS) SS.
COUNTY OF C 0 0 K)
BEFORE THE CORPORATE AUTHORITIES
OF
THE VILLAGE OF BUFFALO GROVE
IN THE MATTER OF ANNEXATION OF )
CERTAIN TERRITORY TO THE )
VILLAGE OF BUFFALO GROVE,
COOK COUNTY, ILLINOIS )
PETITION FOR ANNEXATION
Now comes the undersigned petitioners who request the annexation of the
hereinafter described to the Village of Buffalo Grove, Cook County, Illinois,
(pursuant to and in accordance with the provisions of Section 7-1-8 of the
Illinois Municipal Code 'Chapter 24, Illinois Revised Statutes, 1979' ) ; and in
support of such request, the petitioners being first duly sworn on oath, repre-
sents and says as follows:
1 . That the undersigned petitioner is the beneficial owner of the property
described below: said description including adjacent rights-of-ways:
That part of the East 1/2 of the Northeast 1/4 of Section 8, Township 42 North,
Range 11 East of the 3rd Principal Meridian bounded by a line described as
follows: Beginning at a point on the East line of said Northeast 1/4, which
is 653.45 feet South of the Northeast corner thereof; thence West along a line
parallel with the North line of said Northeast 1/4, 1308.15 feet to a point on .�
the West line of the East 1/2 of said Northeast 1/4; thence South along said {�
West line, 491 .98 feet to the North line of the South 45 acres of the East 1/2 t�
of the Northeast 1/4 of said Section 8; thence East along the North line of the
South 45 acres, as aforesaid, 1208.36 feet to a point on a line 100.0 feet West
of and parallel with the East line of the Northeast 1/4 of said Section 8; thence
North along said line 100.0 feet West of and parallel , 120.0 feet; thence East
along a line parallel with the North line of the South 45 acres, aforesaid, 100.0
feet to a point on the East line of said Northeast 1/4; thence North along the
East line of said Northeast 1/4, 369.20 feet to the place of beginning, Cook
County, Illinois.
2. That such territory is not within the corporate limits of any municipality
but is contiguous to the Village of Buffalo Grove, Illinois.
3. That the petitioners desire and request that such territory be annexed
to the Village of Buffalo Grove.
4. That petitioners desire and request the Village of Buffalo Grove to
provide appropriate zoning to effectuate the developmental plans of the petitioner,
keeping in mind that the parcel is currently zoned R-5 in Cook County, Illinois.
N)
Pill '.Cp
v gip,.
5. That petitioners attach heret the fo 1 ng. 9 A
0.00
SEP-Z9-8 7 1 "
(a) Plat of survey.
(b) Proposed site plan.
/4///,4i/,4/:ffsi31stant Secretary o
fLa LLE NATIONAL BANK " W
a Trustee under Trust No. 100522
ated January 10, 1979
STATE OF ILLINOIS) kU=ATTACHED i,�;; rXNf�tIS154
COUNTY OF C 0 0 K) r.MADE A PART HEREOF
LaSalle National Bank and Trust Company, as Trustee under Trust No. 100522
dated January 10, 1979, being first duly sworn on oath, deposed and said that
it is the petitioner in the foregoing Annexation Petition and is authorized to
make this affidavit; and that it has knowledge of the facts therein alleged and
the same are true in substance and in fact.
r
LMB1staA' ueoretary
/aSALLE NAT ONAL BANK
as Trustee under Trust No. 100522
dated January 10, 1979
y
Subscribed and Sworn to
before e this
day of
1983.
V-`Wc�\ SLOCHE. FRENCH & RAYSA. P.C.
Notary Public ATTORNEYS AT 1:AW
SUITE 332 loll- LAKE STREET,
OAK PARK, ILLINOIS 60304
i �1�. �e6.7zr3
7998o1 �\
� a
__
,
STATE OF I[LINO} EXH BI
COUNTY OF C 0 0 K)
BEFORE THE CORPORATE AUTHORITIES
OF
THE VILLAGE OF BUFFALO GROVE
IN THE MATTER OF ANNEXATION OF
CERTAIN TERRITORY TO THE
VILLAGE OF BUFFALO GROVE,
COOK COUNTY, ILLINOIS )
PETITION FOR ANNEXATI0N
Now comes the undersigned petitioners who request the annexation Of the
hereinafter described to the Village Of Buffalo Grove, Cook County, Illinois,
(pursuant to and in accordance with the provisions Of Section 7-1-8 of the
Illinois Municipal Code 'Chapter 24, Illinois Revised Statutes, 1979/ ) ' and in
support Of such request, the petitioners being first duly sworn On oath, repre-
sents and says as follows:
l . That the undersigned petitioner is the beneficial owner of the property
described below: said description including adjacent rights-of-ways:
That part of the East 1 /2 of the Northeast 1/4 of Section 8, Township 42 North,
Range ll East of the 3rd Principal Meridian bounded by a line described as
follows: Beginning at a point On the East line of said Northeast 1 /4, which
is 653.45 feet South of the Northeast corner thereof; thence West along d line
parallel with the North line of said Northeast 1 /4, 1308,15 feet to d point UO
the West line Of the East 1 /2 of Said Northeast 1/4; thence South along said
West line, 491 .98 feet to the North line of the South 45 acres of the East 1 /2
of the Northeast 1/4 of Said Section 8; thence East along the North line of the
South 45 acres, as aforesaid, 1208.36 feet to D point OD a line lOO'O feet West
Of and parallel with the East line of the Northeast 1 /4 Of said Section 8; thence
North along said line lOO'O feet West Of and parallel , 120.0 feet; thence East
along a line parallel with the North line Of the South 45 acres, aforesaid, 100'0
feet to a point on the East 11D8 of Said Northeast 1/4; thence North along the
East line Of Said Northeast 1 /4, 369'20 feet to the place Of beginning, Cook
County, Illinois.
2, That such territory is not within the corporate limits Of any municipality
but is contiguous to the Village Of Buffalo Grove, Illinois.
3. That the petitioners desire and request that such territory be annexed
to the Village of Buffalo Grove.
4. That petitioners desire and request the Village Of Buffalo Grove to
provide appropriate zoning to effectuate the developmental plans Of the petitioner,
keeping in mind that the parcel is currently zoned R-5 in Cook County, Illinois.
5. That petitioners attach hereto the following.
(a) Plat of survey.
(b) Proposed site plan.
�8a38£ant Secretary W
This instrument is executed by LaSALLE NA TIONAL BANK, not personally 1 �
but solely as Trustee, as aforesaid, . in the exercise of the peraer and i
authority conferred upon and vested in it as such Trustee. All the
terms, r �
p ovisions, stipulations, covenants and conditions to be performed C 4
by LaSALLE N-4TIONAL BANK are undertaken by it solely as Trustee,. as W
of resa'd, -and not individually and all statements herein made are p
ma a on information and belief and are to be construed accordingly,
a no personal liability shall be asserted or be enforceable against
La 4LLE NATIONAL RANT, by reason of any of the terms, provisions,. oa
WO
stipulations; covenants and/or statements contained in this instrument.
FO XX a421 a
the same are true in substance and in-faci-
,/ ! r
,fj' L�'�9'�a£ant Secretary
aSALLE NAT ONAL BANK
as Trustee under Trust No. 100522
dated January 10, 1979
Subscribed and SWnrn to
before rye this
day of J,� ,....
1983.
Notary Public