1991-020 2/13/91
ORDINANCE 91- 20
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT
DEERFIELD BAKERY
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of
the Illinois Constitution of 1970; and,
WHEREAS, there has heretofore been submitted to the Corporate
Authorities of the Village of Buffalo Grove a petition to annex the property
legally described in Exhibit A hereto; and,
WHEREAS, there has been submitted to the Corporate Authorities of the
Village of Buffalo Grove an Annexation Agreement; and,
WHEREAS, proper and due notice of the public hearing on said Annexation
Agreement and Zoning has been given and a public hearing was held; and,
WHEREAS, it is determined to be in the best interest of the Village of
Buffalo Grove to approve said Annexation Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS:
Section 1. The Annexation Agreement, a copy of which is attached hereto
and made a part hereof as Exhibit A, is approved.
Section 2. The President and Clerk of the Village are hereby authorized
to execute said Agreement on behalf of the Village of Buffalo Grove.
Section 3. This Ordinance shall be in full force and effect from and
after its passage and approval. This Ordinance shall not be codified.
AYES: 5 - Marienthal Reid, Mathias, O'Malley, Kahn
NAYES: O - None
ABSENT; 1 - Shifxin
PASSED: February 19 1991
APPROVED: February 19 1991
APPROVED•
VERNA L. CLAYTON, Village Presid
ATTEST:'
Vil ge Clerk
i
2/19/91*
DEERFIELD BAKERY
ANNEXATION AGREEMENT
TABLE OF CONTENTS
. . . .. ..... ....... ............._....................2
2. dement: Compliance and Validity ..... . . . .. . . . . . . . . .. . . . . .. . . .3
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
4. Enactment of Zoning Ordinance. . . . . . 3
5. Ap royal of Plats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
6. Compliance with A licable Ordinances. . . . . . 4
7. Amendment of Plan........ . ... ... .4
8. Building Permit Fees......
9. Water Provision. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
10. Storm and Sanitary Sewer Provisions. . . . . 6
11. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
12, Payment of Reca ture Fees Owed. . . . . 7
13. Security for Public and Private Site Improvements. . .. . . . . .. . . . . . .7
14. Eibits.................. .... - - - - — 8
15. Building, Landscaping and Aesthetics Plans. . . . . 8
16. Right of Way Dedication.
17. Facilitation of Development 9
18. Enforceability of the A reement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
19. Term of Agreement.. . .. .. . . . . . . . .. . . . . . . ... . . . . . . ..... . . . . . . . ... .10
20. Binding Effect of A reement 10
21. Cor orate Ca acities.......
22. Notices. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. .. .. . . . . . .. . . .. . . .10
23. Default. . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . ..11
24. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . ... . . .11
25. S ecial Conditions.
DEERFIELD BAKERY
ANNEXATION AGREEMENT
LOCATION MAP
YR9x1 R, ♦ -
v ! i
- (R 4 � �*
R.
(R 4) � r r _
t�4
e
J Y
8 g 85 R7
B 2` 84 'R'9
. r �
R 9 4 0 3 �R 5
l� �!E32 R 8
\\ cR6i 8I
L
9 -- �'— — — --
{R 6f .
rr� e
R 3 A .�
r - - 4ti►r -
s
sa
a R -
6
A
i
Subject Property
2/19/91*
DEERFIELD BAKERY
ANNEXATION AGREEMENT
'This agreement (hereinafter referred to as the "Agreement") made and
entered into this 19th day of February, 1991 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 CHICAGO TITLE AND TRUST
COMPANY as Trustee under a Trust Agreement dated August 17, 1989 and known as
Trust No. 1093535 (hereinafter referred to as "Owner") and KSH, INC, an
Illinois limited partnership and beneficiary of said trust (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
1.85 -acres legally described and identified in EXHIBIT A, which- exhibit- is - -
made a part hereof and which real estate is contiguous to the corporate
limits of the Village; and,
WHEREAS, a Plat of Annexation, including street right-of-way adjacent to
the Owner's property, is attached hereto as EXHIBIT B, which depicts a total
area of 2.16 acres to be annexed and is legally described in EXHIBIT B and is
hereinafter referred to as the "Property"; and,
WHEREAS, Developer desires .and proposes pursuant to the provisions _and
regulations applicable to the B-5 Town Center Planned District of the Village
Zoning Ordinance to develop the Property in accordance with and pursuant to
a certain Preliminary Plan prepared by Aumiller Youngquist and dated as last
revised December 26, 1990, and also a Preliminary Engineering Plan prepared
1
by G and C Consulting Engineers and dated as last revised December 10, 1990
(hereinafter jointly referred to as "Preliminary Plan") a copy of which
Preliminary Plan is attached hereto as EXHIBITS D and E and incorporated
herein, -and subject -tfl--. �o-hher --exb.ib.its ,a.rrarhpd �ar_ p_r ,or -innoxpDrated _by
reference herein. Said development of the Property shall consist of a bakery
including retail, office, production and storage uses of approximately 16,700
square feet; and,
WHEREAS, pursuant to the provisions of Section 11-15. 1-1, et. seq. , of
the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1989) 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 the B-5 District and
variations of the Village Zoning Ordinance and Development Ordinance; 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:
I. 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 1989) and as the same
2
may have been modified by the Village 's Home Rule powers. The prec-eding
whereas clauses are hereby made a part of this Agreement.
2. A reement: Com fiance and Validity. The Owner has filed with the
Vi-1.1age .Cleric of .the _Village -a pr'oper petitiau pursuant to and in-accordance
with provisions of Section 7-1-8 of the Illinois Municipal Code (Chapter 24,
Illinois Revised Statutes 1989) and as the same may have been modified by the
Village's Home Rule powers, to annex the 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 the Property is validly annexed to the Village and is validly
zoned and classified in the B-5 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 Agreement") annexing the Property to the Village. Said
Annexation Ordinance shall be recorded with the Lake County Recorder's Office
along with the Plat of Annexation (attached hereto as EXHIBIT B) .
Recordation shall take place no more than thirty (30) days after enactment of
Annexation Ordinance.
4. Enactment of Zonin 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 the Property in the B-5
Town Center Planned District with a Special Use to operate a bakery including
production and storage uses and a drive-through service window 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
3
further conditioned on the development of the Property in accordance with a
Preliminary Plan prepared by Aumiller Youngquist and dated December 26, 1990
(EXHIBIT D) , and the Preliminary Engineering Plan prepared by G and C
insulting Engineerings, ,Ltd- -and meted .Dezember 10, 1990 (EXHIBIT E) .
S. Approval of Plats. The Corporate Authorities hereby approve a
Preliminary Plan (EXHIBITS D and E) pursuant to the provisions of the
Development Ordinance and in addition agree to approve a Final Plan of
Development or plats or phases of the development of the Property upon
submission by the Developer 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 the Property as
submitted by the Developer provided that the plat or plats shall:
(a) conform to the Preliminary Plan, (EXHIBITS D and E) ; ar_d
(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.
pp The Developer agrees to
. Com Hance with Applicable Ordinances.
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. Developer, 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 Developer 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
4
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 Zi%cre. ion, 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, provided that no such changes: (a) increases by more than
two percent (2%) the floor area proposed for non-residential use; 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 Developer 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. Developer shall pay any non-discriminatory or new or additional fees
hereinafter charged by the Village to Developer or property within the
Village.
9. Water Provision. The Developer 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 are hereby approved by
the Village. It is understood, however, that changes to the Preliminary
Engineering Plan may be required at the time of final engineering. The
Developer further agrees to pay to the Village 'such fees in accordance with
5
the applicable Village Ordinances at the time of the issuance of the water
and sewer permits. The Developer 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 -ta ttie -extent wpvssible. 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 Developer
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 Developer and
to use their best efforts to aid Developer 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 Lake County Division of
Transportation and Illinois Department of Transportation as may be
appropriate. The Developer shall construct on-site and off-site sanitary
sewers as may be necessary to service the Property, as per EXHIBIT E. It is
understood, however, 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 Developer agrees to accept any
increase in sewer rates and tap on fees, provided that such fees and rates
6
are applied consistently to all similar users in the Village to the extent
possible.
B. The Developer shall also construct on the Property in question any
st-orm sewers which I>e aye- es$aTv do --w ,;ne t-hQ Tzopet't3'3 ---s —,e'r 4—MI-BIT
E. It is understood, however, 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 Developer 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 final plat.
11. Drainage Provisions. The Developer shall fully comply with any
request of the Village Engineer related 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 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, including
for sanitary sewer service, required to be paid by this Property, shall be
tine dnd 'payuble ztpon final -plaiting of -the -first plat of subdivision of the
Property.
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
7
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 Developer or the witnesses during the hearings held
before the Plan Commission and the Corporate Authorities prior to the
execution of this Agreement, are hereby znrorporated by reference herein,
made a part hereof and designated as shown below. This Agreement, upon
execution by the parties, together with copies of all EXHIBITS, shall be kept
on file with the Village Clerk and be available for inspection to the parties
hereto.
EXHIBIT A Legal Description
EXHIBIT B Plat of Annexation, dated February 12 1991
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan dated December 26, 1990 by
Aumiller Youngquist
EXHIBIT E Preliminary Engineering Plan dated December 10, 1990
by G and C Consulting Engineers
EXHIBIT F Conceptual landscaping plan (Alternate Planting
Plan) dated February 4, 1991
EXHIBIT G, Building elevations (sheets A 3. 1 and A 3.2) dated
G-1 December 26, 1990 by Aumiller Youngquist
15. Building, Landscaping and Aesthetics Plans. Developer 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.
8
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.
-lb., Ri g-ht .o f Xay ZexU 1opex es .r at 3t Is *'he
intention of the Village and other involved agencies that at some time in the
future Buffalo Grove Road adjacent to the Property will be widened to provide
a turning lane to accommodate vehicle movements from northbound Buffalo Grove
Road to eastbound Checker Road. At the request of the Village, but no later
than at the time of platting of the first plat of subdivision of the
Property, Developer shall dedicate twelve feet of right—of—way along the east
side of Buffalo Grove Road adjoining the Property.
17. 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
is in the best interests of all the parties and requires their continued
cooperation. The Developer 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. Enforce ability 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
9
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
cox a te= �af twezity (.20) years :fr= -the Anne of the executdun x�f th--Ls
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 Property, the parties hereto, and their respective successors and
assigns.
21. 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.
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 Developer: Kurt Schmitt
KSH, Inc.
813 Waukegan Road
Deerfield, IL 60015
Copy to: Marc K. Schwartz, Esq.
Batler and Schwartz
355 W. Dundee Road, Suite 200
Buffalo Grove, IL 60089
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Bloche, French & Raysa
1140 Lake Street, Suite 400
Oak Park, IL 60301
10
23. Default. In the event Developer defaults in his performance of his
obligations set forth in this Agreement, then the Village, may, upon notice
to the Developer allow Developer sixty (60) days to cure default or provide
-evidence to the S13713ge r --xizh xleff-w it -A 31 t-- Ad -in a ?ime1— -if
it cannot be cured during said period. If Developer fails to cure such
default or provide such evidence as provided above, then, with notice to
Developer, 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 portion of the Property to the
R-E District zoning classification. In such event, this Agreement shall be
considered to be the petition of the Developer to disconnect such portion of
the Property, or at the option of the Village to rezone such Property to the
R-E District zoning classification.
24. Litigation.
A. The Developer, at its cost, shall be responsible for any litigation
which may arise relating to the annexation, zoning or development of the
Property. Developer shall cooperate wig+ the Village in said litigation but
Developer's counsel will have principal responsibility for such litigation.
B. The Developer shall reimburse the Village for reasonable attorney's
fees, expenses and costs incurred by the Village resulting from litigation
relating to the annexation, zoning and development of the Property or in the
enforcement of any of the terms of this Annexation Agreement upon a default
by the Developer.
C. Developer hereby indemnifies and holds the Village harmless from
any actions or causes of action which may arise from the approval of this
development.
11
25. Special Conditions.
A. The following variations to the Village's Zoning Ordinance and
Development Ordinance are hereby granted:
,zONI-NG LORDI-NANCE
1. Section 17.44.060.D.1.b. — to allow a lot area of 1.86 acres
in the B-5 District.
2. Section 17.44.060.D.1.k. — to allow a south yard width of 12
feet.
DEVELOPMENT ORDINANCE
1. Section 16.50.040.C.3. — to allow a side slope of 4:1 in the
stormwater detention basin as depicted on EXHIBIT E.
B. The bakery operation is a Special Use allowing production,
wholesale, storage, retail and office uses in the building and a
drive—through service window as depicted on EXHIBIT D. The amount of
building area allocated to each use shall be as depicted on EXHIBIT D, and
any change to the amount of building area used for each specific use is
subject to Village approval.
C. The Developer understands and agrees that it is the desire of the
Village of Buffalo Grove that any retail sale considered to be point of sale
from the Property shall be credited with sales tax in the Village of.Buffalo
Grove. The Developer shall be obligated to comply with the Illinois
Department of Revenue mules and -regulations relating to sales tax, as amended
from time to time.
D. Trees on the Property shall be preserved in accordance with the
recommendations of the Village Forester.
E. Developer shall pay a fire—protection impact fee of $12,640.00, and
said fee shall be paid at the time of issuance of the first building permit
for the Property.
12
F. Developer shall provide an easement on the Property along the east
side of Buffalo Grove Road in addition to the street right-of-way dedication
required in Paragraph 16 of this Agreement. Said easement is for the
.purposes df inst-illation and -Maintenance -of a sidewalk vn the Property., .and
shall be delineated on the first plat of subdivision of the Property in
accordance with the requirements of the Village Engineer.
Developer shall provide an easement on the Property along the south side
of Checker Road for the purposes of installation and maintenance of a
sidewalk on the Property, and said easement shall be delineated on the first
plat of subdivision of the Property in accordance with the requirements of
the Village Engineer.
G. The Village shall determine the appropriate location for one
permanent public access connection from and through the Property to the
property south of the Property, and at the direction of the Village,
Developer shall provide a public ingress-egress easement for said access.
H. The Village of Buffalo Grove shall utilize its best efforts to
provide that any commercial development to the south of the Property which is
provided access to and across the Property shall be obligated to participate
in a shared maintenance agreement_ with the Developer of the Property. Said
shared maintenance agreement (if provided for) shall allow Developer to
recapture an aliquot share (as determined by the Village) of the cost and
expenses incurred to maintain the driveways and parking areas of the Property
based upon the access provided to the property owners to the south.
In addition, the Village shall use its best efforts to provide that
said property owners to the south shall also be obligated to participate in
an aliquot (as determined by the Village) share of the cost incurred by
Developer in maintaining Checker Road extended pursuant to a maintenance
13
agreement that may be entered into by and between the Developer and the owner
of Checker Road extended (Lot 3, Buffalo Grove Town Center, Unit 1) .
I. The signs and outdoor lighting shown on the exhibits to this
Agreement are not approv-ed, -and require appr-oval by the Village Appearance
Commission pursuant to Village regulations.
VILLAGE OF BUFFALO GROVE
VERNA L. CLAYTON, Village ?/Isident
ATTEST:
V-; 1 e Cle;
g
OWNER
CHICAGO TITLE AND TRUST COMPANY
by
DEVELOPER
RD KSH, INC.
CL by
^Tz It is expressly understood and agreed b and between the parties hereto,anything herein to the contra notwithstanding,that each and all of the warranties,indemnities,representations,
f::. P Y g Y P Y g contrary g.
t covenants,undertakings and agreements herein made on the part of the Trustee while in form purporting to be the warranties,indemnities,representations,covenants,undertakings and agreements
of said Trustee are nevertheless each and everyone of them,made and intended not as personal warranties,indemnities,representations.covenants,undertakings and agreements by the Trustee or
for the purpose or with the intention of binding said Trustee personally but are made and intended for the purpose of binding only that portion of the trust property specifically described herein,and
13J this instrument is executed and delivered by said Trustee not in its own right,but solely in the exercise of the powers conferred upon it as such Trustee:and that no personal liability or personal
responsibility is assumed by nor shall at any time be asserted orenforceable against the Chicago Title and Trust Company,on account of this instrument or on account of any warranty,indemnity,
,�,`� representation,covenant,undertaking or agreement of the said Trustee in this instrument contained,either expressed or implied,all such personal liability,if any,being expressly waived and
w released.
rua
IN WITNESS W HEREOF,Chicago Title and Trust Company,not personally but as Trustee as aforesaid,has caused these presents to be signed by its Assistant Vice-President,and its corporate
seal to be hereunto affixed and attested by its Assistant Secretary,the day and year first above written.
TI L D US COI Y,A s ee as aforesaid and not personally,
By SSISTANT VICE-PRESIDENT
Corporate Seal Arte. ASSISTANT SECRETARY
a
STATE OF ILLINOIS, I,the undersigned,a Notary Public in and for the County and State aforesaid,D H REBY CERTIFY,that the above named Assistant Vice
SS. President and Assistant Secretary of the CHICAGO TITLE AND TRUST COMPANY, ran r,personally known tome to be the same persons whose
COUNTY OF COOK names are subscribed to the foregoing instrument as such Assistant Vice President and sis nt Secretary respectively,appeared before me this day in
person and acknowledged that they signed and delivered the said instrument as their own a and voluntary act and as the free and voluntary act of said
Company for the uses and purposes therein set forth;and the said Assistant Secretary then and there acknowledged that said Assistant Secretary,as
custodian of the corporate seal of said Company,caused the corporate seal of said Company to be affixed to said instrument as said Assistant Secretary's
OFFICIAL SEAL" wn free and voluntary act and as the free and voluntary act of said Company for the uses and purposes there' ye♦tlh
Lynda S. Barrie
Plotary Public,State of Illinois Given under my ha Notari eal this ayy (.+
of 19_
M1,1 Cnmmission Expires 4/2/94
.._:..r P 1 Ar..,.,...o.J.;..
EXHIBIT A
DEERFIELD BAKERY
ANNEXATION AGREEMENT
LEGAL DESCRIPTION
That part of the Southwest Quarter of Section 33, Township
43 North, Range 11, East of the Third Principal Heridian, in Lake
County, Illinois, described as follows, Beginning at a point in
the center line of McHenry Road (which point is located as
follows: Commencing at the intersection of the South line of
Section 330. with the center line of aforesaid road, said
intersection being 920 feet East of the Southwest corner of said
Section; thence North 33 degrees 40 minutes West along the center
line of said road, 1025.0 feet; thence North 6 degrees 30 minutes
West along the center line 247. 5 feet to the place of beginning) ;
thence East 664. 27 feet; thence North 6 degrees 30 minutes West
132 feet; thence West 664.27 feet to the center of aforesaid
McHenry Road; thence South 6 degrees 30 minutes East 132.0 feet
to the point of beginning, (excepting therefrom that part taken
for Buffalo Grove Road as per Document No. 2262703) , in Lake
County, Illinois.
i
VILLAGE OF BUFFALO GROVE
ORDINANCE NO.
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROVE
THIS DAY OF Teh , 199�.
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook & Lake Counties, Illinois,
this O day of � 19 9,1 .
illage Clerk
BY
Deputy Villag Clerk