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1977-028 ORDINANCE NO. 77 AN ORDINANCE APPROVING ANNEXATION AGREEMENT AND DIRECTING EXECUTION THEREOF BY THE PRESIDENT AND CLERK OF THE VILLAGE OF BUFFALO GROVE (Falcon) WHEREAS , there has heretofore been submitted to the corporate authorities of the Village of Buffalo Grove a petition to annex the property legally described as follows : The North 1/2 of the Southeast 1/4 , except that part lying East of the center line of Arlington Heights Road and except the South 3/8 thereof, of Section 6 , Township 42 North, Range 11 East of the Third Principal Meridian, Cook County, Illinois . and WHEREAS, there has also been submitted to the corporate auth orities of the Village of Buffalo Grove an Annexation Agree- ment pursuant to statute; and WHEREAS, proper and due notices of public hearings for zoning on said Annexation Agreement have been given and public hearings were 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 : SECTION' 1. The Annexation Agreement , copy of which is attached hereto and made a part hereof as Exhibit "A" is approved. SECTION 2. The President and Clerk of this Village are hereby authorized to execute said Agreement on behalf of the Village of Buffalo Grove. SECTION 3. This Ordinance shall be in full force and effect from and after its passage and approval in the manner pro- vided by law. AYES : - Rech., Bogart, Marlenthal , Keister, Stone, Mendenhall NAYES : ;, - None ABSENT: - None PASSED AND APPROVED: .- �'°° 1977 APPROVED: ANNEXATION AGREEMENT TINS AGREEMENT, made and entered into thisaf__ � day of AJ , 1977, by and between the VILLAGE OF BUFFALO GROVE, ILLINOIS hereinafter referred to as "Village") , by and through the President and Board of Trustees of the Village of Buffalo Grove (hereinafter collectively referred to as the "Corporate Authorities") , FALCON DEVELOPMENT COMPANY, INC. (hereinafter referred to as "Developer") , and ANNE MARIE HILDEBRANDT (here- inafter referred to as "Owner") . W I T N E S S E T H: WHEREAS, the Developer is the contract purchaser and has an interest in the real estate comprised of approximately 48 . 9 acres, description of which is set forth on the Plat of Annexation, marked Exhibit "A" which is attached hereto and made a part hereof (real estate, for convenience, may hereafter be referred to in its entirety as the "Subject Property") and which real estate is contiguous to the corporate limits of the Village of Buffalo Grove; and WHEREAS, Anne Marie Hildebrandt is the sole owner of record of the Subject Property; and WHEREAS, the Developer desires and proposes, as and pursuant to the provisions and regulations applicable to the District of the Village Zoning Ordinance, to develop the Subject Property, in accordance with and pursuant to a certain general development plan prepared by Toups and Olson, and dated June 27, 1977 , (herein- after referred to as the "Plan of Development") , a copy of which proposed Plan of Development, marked Exhibit "B" is attached hereto and made a part hereof; and subject to the present ordinances, codes and regulations of the Village, as such ordinances, codes and regu- lations may be amended pursuant to this Agreement; and WHEREAS, the Owner has approved and ratified this Agreement; and WHEREAS, pursuant to the provisions of Section 11-15 .1-1 et Seq. of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, 1974) a proposed Annexation Agreement in substance and in form the same as this Agreement was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by statute; and WHEREAS, pursuant to due notice and advertisement in the manner provided by Law, the Village Authorities have had such public hearings prescribed by Law with respect to the requested zoning classification of R-5 for the Subject Property, and rec- ommendations made by said Commission were submitted to the Cor- porate Authorities. NOW THEREFORE, in consideration of the premises and mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: 1. This Agreement is made pursuant to and in accordance with the provisions of Sec . 11-15.1-1 et Seq . of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, 1974) . L.11C vi- guy c , - k`- i t c----_a. ...._ `-.._.... ' L .______ ._- _.___ ___ ___-__ dance 'with the provisions of Section 7-1-8 of the 111inois Municipal Code (Illinois Revised Statutes Chapter 24 , Sec. 7-1-8) conditioned on the execution of this Agreement, with the terms and provisions contained herein, to annex the Subject Property to the Village of Buffalo Grove. 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 Subject Property is validly zoned and classified under the Village's Zoning Ordinance. 3. The Corporate Authorities , within 30 days of the approval of this Agreement, will enact an ordinance annexing the Subject Property to the Village. 4 . Immediately after the passage of the ordinance annexing the Subject Property, as provided in Paragraph 3 hereof, the Corporate Authorities shall adopt the proper ordinance or ordinances zoning and classifying the Subject Property in the R-5 zoning district for the construction of 175 detached single family residences not to ex- ceed 110 four bedroom units, the balance being three bedroom or less, and shall cause such approvals to be evidenced by the adoption of such ordinances, resolutions or other action as may be necessary or authorized by the applicable ordinances of the Village. The Developer agrees that the Subject Property shall be developed in conformity with the Plan of Development or any additions or amendments thereto as permitted by the terms of this Agreement subject only to minor deviations therefrom for the placement of any lot necessitated by sound engineering practices. Such permitted minor deviations shall not include increases in density, increases in heights of buildings, reductions in proposed land areas designated for dedication, changes in road standards or changes in the final governing agreements, pro- visions or covenants. 5. The Corporate Authorities agree to approve final plats of units or phases of the development and plats of subdivision thereof and issue building permits based upon final versions of plans and draw- ings of those matters within the Plan of Development under submission by the Developer, provided that such final documents: (a) conform to the Plan of Development as described within this agreement; (b) conform to the terms of ' this Agreement and all appli- cable Village Ordinances, rules and regulations in ef- fect as of the date of this Agreement or as amended - pursuant to this Agreement, except there is granted to Developer a variance as to the subdivision ordinance to permit the installation by Developer of two cul-de- sac areas within the Subject Property all as shown on the Plan of Development. (c) the variance as permitted to Developer for the in- stallation of two cul-de-sac areas within paragraph 5 (b) above, shall require the installation by De- veloper of one fire hydrant every 300 feet only within the cul-de-sac areas . The Engineering and Inspection Plan Review fee shall be in , that amount which shall equal three and one-half percent (3-1/2%) of all improvements within the Subject Property covered by the Subdivision Ordinance in effect on the date hereof and to be paid pursuant to Administrative Order No. 2 in effect on the date Authorities agree that the payment of Review, Engineering and In- spection fees shall become due and payable in phases as the Subject Property is submitted for final plat approval . The parties hereto acknowledge that the Developer may be re- quired to make certain public improvements to service the Subject Property in its Plan of Development which public improvements may fall within areas not then depicted within any final plat or plats at the time the same are submitted for approval. The Developer shall not be required to submit final plat as to these public improvements unless the same are within that part or portion of the Subject Property then submitted for final plat approval, unless such public improvements are needed to service the final plat or plats being considered. 6 . If the Developer desires to make other than permitted minor deviations in the Plan of Development as herein approved, the parties agree that all such changes in the Plan of Development, will require the submission of amended plats or plans, together with property sup- porting documentation, to the Plan Commission and the Corporate Authorities to consider changes in this Agreement which would allow the desired changes to the Plan of Development. The Corporate Authorities _.. may, at their sole discretion, require additional public hearings. 7 . The Developer agrees to tap on to the Village water system and pay to the Corporate Authorities fees for such tap ons in accor- dance with the schedule of fees specified at Paragraph 10 hereof. water mains serving the Subject Property shall be installed by De- veloper, and except for service connections to the buildings, shall upon installation and acceptance by the Village Board of Trustees be dedicated by conveyance to the Village and become part of the Village water main system and maintained by the Village. 8 . Upon acceptance by the Village Board of Trustees of all sanitary sewer mains, storm sewer and water main lines (except sewer and water service lines) including appurtenances, shall be transferred without cost by conveyance to and accepted for ownership, maintenance and operation by the Village. 9 . The following exhibits which were presented in testimony given by the Developer during the hearings held prior to the execution of this Agreement, are hereby made a part hereof. Said exhibits shall be kept on file by the Village Clerk and will be available for inspection by the parties hereto: Exhibit "C", Petition for Annexation; and Exhibit "B" , Plan of Development. The Corporate Authorities agree to cooperate with the Developer in obtaining such permits from Governmental agencies having jurisdiction as may be necessary to authorize connections from the proposed Develop- ment to the Metropolitan Sanitary District Sewer System, and to the State for County roads, as appropriate. The Developer shall construct on-site sanitary sewers and storm sewers as appropriate to service the Subject Property. The Corporate Authorities agree upon conveyance, to accept, upon Village Board of Trustees approval and to thereafter operate, and maintain such systems, except for sanitary sewer service connections. The Developer agrees to accept any increases in water and sewer rates. stall no greater than a ten inch (10") sewer line together with no't greater than a twelve inch (12") water line and appurtenances thereto, off-site of the Subject Property, necessary to service the Subject Property. It is further understood and agreed that a portion of the system of sanitary sewers and water mains to be constructed and in- stalled by the Developer to serve the proposed Development on the Sub- ject Property may be required to be so located and/or oversized as to benefit neighboring properties, now owned by the Developer, by making sanitary sewer and water service available thereto. This includes any mains constructed on the site or off the site. In such event, the Corporate Authorities agree to adopt an ordinance and take such .other action as may be necessary to permit the Developer to recapture that portion of the costs of the construction and installation of such sewers and water system in a proportionate amount from such neighboring property owners as may be so benefited. No recapture in favor of the Developer shall apply to the Village, any such recapture shall be re- stricted only to any benefiting property owner. Both parties agree to use their best efforts and to cooperate reasonably in order to achieve a practical and economically feasiable route to the off-site utilities connection to the existing Village systems. The permitted recapture of costs by the Developer pursuant to this Paragraph 10 shall include all sums expended by the -Developer related to the over-sizing of the sewer and/or water lines and shall include by way of example and not by way of limitation the cost of material, labor, engineering, design, Village Engineer re- view, permit fees , performance bonds , interest charges during the period of construction and restoration work. Pursuant to Section 1, of Article II of the Waterworks Bond Ordinance 70-9 entitled Sewer Service Connection Fees, the Developer agrees to pay a FIFTY DOLLAR ($50-.00) sewer tap on fee for every six inch connection to a single family residence. Said tap on fee to be paid upon application and approval of the building permit to construct any single family home and prior to connecting on to the Municipal Sanitary Sewer System. The Village agrees to cooperate with Developer in assisting same so that the sanitary system will be connected to the Metropolitan Sanitary District sewer system. The Village agrees upon installation, to accept, upon Village Board approval and thereafter to operate and maintain the sanitary sewer system, with the exception of service connections. Pursuant to Section Five of Article I entitled "Water" , of Ordinance 70-9 , the Water Works Bond Ordinance, 1970, the Developer shall pay a water connection fee in the amount of ONE HUNDRED DOLLARS ($100 .00) for a one inch connection to the meter and an additional fee to cover the cost and installation of the meter by the Village in the homes to be constructed, said additional fee to be consistent with customary and usual charges of the Village for such connections. The Developer further agrees to pay a Water System Capital Improve- ment fee of FOUR HUNDRED FORTY ($440 .00) DOLLARS per single family unit. In the event Developer shall subsequent to the date hereof, secure a change of zoning for the Subject Property, which zoning shall further recalssify the Subject Property, then in such event the Capital Improve- ment Fee shall be subject to adjustment by the Village Board. The water tap on fee, and water system capital improvement fee are to be paid upon application of a building permit and issuance of f-ha water ana sPwPr hermit_ U1- Pc1t ct U.L ci Pit _L0 11er OU1 . The Village hereby grants the right of the Developer to use Village water during construction without a meter upon payment of the construction water fee by so notifying the Department of Public Works, but only until such time as a meter is installed, in which event the meter rate charge shall apply. The Village agrees to cooperate with Developer to assist Developer in the procurement of sufficient water supply available to the Subject Property for its Plan of Development so as to provide domestic water service for each of the single family residences to be constructed therein. 11. Developer agrees to pay to the Village an annexation fee in an amount equal to ONE HUNDRED DOLLARS ($100 .00) per dwelling unit, payable at the time the building permit for each respective building in the Development is issued. 12 . Developer agrees to comply with the provisions of Village Resolution No. 72-35 (school and park donation) provided that all future developers of projects within the Village are similarly bound to a per acre value of not less than $25, 000 .00 . For the purposes of this Paragraph 12, compliance by the Developer shall be based upon the School Consulting Service Survey dated January 15, 1977 as related to Developer's Plan of Development in the attached Park and School Evaluation forms as determined and approved by the Village, each of which being attached hereto as Exhibit "F" and shall be satisfied on the part of the Developer as follows: (a) The Developer agrees to convey to the Village, pursuant to Village Resolution 72-35 and the Village agrees to accept the conveyance of and on behalf of park donation, two parcels of land containing 3 .2 acres of land all as delineated within the Plan of Development. Said conveyances to be made to the Village upon final plat approval for that part or portion of the Subject Property then inclusive of the land designated for park donation. The Developer further agrees to make a total cash contribution of $10, 005. 00 to the Village on behalf of the park donation to be allocated on a per dwelling basis and paid to the Village on a per dwelling basis at the time of its issuance of a certificate of occupancy for each dwelling unit within the Development; (b) School donation shall be in the total amount of $86 ,305.00 allocable on a per dwelling unit basis and payable on a per dwelling basis at the time of the issuance by the j Village of a Certificate of Occupancy for each dwelling unit within the Development. The total cash contribution to School District 21 is estimated as $58 , 905 .00 and the total contribution to School District 214 is estimated as $27 ,400. 00 payable as above. 13. All Ordinances of the Village of Buffalo Grove relating to sub- division controls, zoning, building, .electrical, plumbing, housing and related restrictions in effect as of the date of this agreement or as amended pursuant to this Agreement, insofar as they apply to the Subject Property, continue in effect during the full term of this Agreement, except with the mutual consent of the parties , but with the exception of regular up-dating amendments to the BOCA Code, the Suburban Building Official' s Code, the National Electrical Code, AIA Fire Prevention Code, supplemented by NFPA Volumes by the authors of said Codes; and also that Developer may construct and maintain signs relating to its develop- L J.1__ r+._t.,—._i ll,.. ,..vl.. .,,1.. ..J- J-.-, 4-1,— -.--,vim.-,--4 -4-- N74 l l nr r)-e-Ainnnr-oC acceptance by the Village Board of Trustees are to be dedicated and accepted by the Village and thereafter to be maintained by the Village. Public walks within the Dedicated streets shall have a width of five (5) feet to include Nichols Road and Arlington Hts . Road. All of public walks shall be constructed in conformity with subdivision regu- lations of the Village. The Developer may proceed to construct said streets after satis- fying the project improvement guarantees required by the Corporate Authorities as governed herein. The final wearing surface shall be installed after the installation of the base after construction traffic has gone on any street at the discretion of the Village. After dedication of any street right-of-way at the time of final plat, the Village shall enforce traffic and other regulations as to said street right-of-way. After acceptance for maintenance by the Village Board of Trustees of the construction of any public street within the Subject Property, the Village shall provide for street cleaning, snow removal, and other maintenance thereon. Nothing con- tained within this paragraph shall be construed to waive any obligations of the Owner and the Developer with respect to public improvements rela- tive to sidewalks, parking, trees, street lighting, land donation requirements and other matters which are now provided by ordinance or resolution in the Village of Buffalo Grove. The Village shall have the right and authority to enter upon private portions of its streets and the Subject Property for the purposes of enforcing all Village Ordinances and State Statutes . The Developer shall make the following additional land conveyances to the Village and the Village shall accept conveyances of: r (a) As to that part of Nichols Road falling within the Subject Property as delineated within the Plan of Development, a forty (40) foot right-of-way dedication; (b) As to that part of Arlington Heights Road, falling within the Subject Property as delineated within the Plan of Development, a fifty (50) foot right-of-way dedication; (c) A forty (40) foot conveyance along the west perimeter line of the Subject Property . The Developer will not be required to improve any part or portion of the Subject Property to be conveyed as herein provided except as to Nichols Road and the Village agrees not to levy or cause to be levied any assessment or other tax against the Developer or the Subject Property during the term of this Agreement with regard to any improvement which the Village may undertake as to that part of the Subject Property desig- nated for land conveyances herein. The Developer shall improve only that part of Nichols Road falling within the conveyance area, which improvement of Nichols Road shall comprise only the following, to-wit: (1) the grading and installation of a 20 foot in width pavement including curb, gutter and sidewalk; (ii) storm drainage as required by Village ordinance. This conveyance for Nichols Road and the improvement thereof by Developer shall be a part of the first phase of the Plan of Development and in accordance with Village Ordinance. . The conveyances as contemplated by this Paragraph 14, shall be upon final plat approval for that part or portion of the Subject V_11.d 1_j E-' PUc1 L U) PL1 U.L LU Lllt.' U1- UULLU 1il CJ permits as required under Village Ordinance No. 72-12 as amended. It is further agreed that the Developer must submit for examination and approval a master building plan for each different model single family building to be constructed upon the Subject Property. (b) The Developer shall comply with any ordinance adopted by the Village which establishes drainage standards for the placement of houses on lots. The Village Engineer shall be allowed to reject the placement of a particular house on a particular lot in the exer- cise of reasonable engineering judgment due to drainage considerations. lb. Developer agrees, at the request of the Indian Trails Library District, to annex any part or all of the Subject Property to said Library District. 17 . The Developer agrees, at the request of the Buffalo Grove Park District, to annex any part or all of the Subject Property to the said Park District. 18. The Corporate Authorities hereby represent and agree that all fees or charges relating to the annexation, zoning, development and construction of this Tract are specifically set forth in this Agreement; that same shall not be increased (except as otherwise provided herein) or supplemented during the first three (3) year term of this Agreement, and that there will be no new charges or fees levied or imposed for the annexation, zoning, development or construc- tion of this Tract during the term of this Agreement. The parties agree that Building Permit Fees may be increased from time to time (but not more than ten percent (100) in any one year) in an amount not to exceed. an aggregate increase over the term of this Agreement of fifty percent (50%) over the current fee at the time this Annexation Agreement takes effect, as long as said building permit fees are applied consistently to all building permit terms of existing water bond ordinances, dated April 18, 1972, and if such increases are applied uniformly among all users. 19 . (a) In lieu of any bonds or deposits required for public improvements under a subdivision ordinance of the Village, the Developer may, at its election, furnish to the Village an Irrevocable Letter of Credit issued by a sound and reputable banking or financial institu- tion authorized to do business in the State of Illinois, or other security acceptable to the Village, in an amount equal to the amount of bonds or deposits required by said subdivision ordinance. Said Irrevocable Letter of Credit or other security shall be limited to the amounts required for public improvements (including sanitary sewers, storm sewers , water mains, storm water retention facilities, streets, curbs, side- walks, parkway trees and street lights) in those areas of the Subject Property which have received final subdivision approval by the Village. The Letters of Credit or other security shall be in ef- fect for the time required for bonds or deposits under the subdivision control ordinance. It is agreed that any bonds , deposits, Letters of Credit or other security may be reduced in amount from time to time as the public improvements assumed by such security are completed. Approvals of such performance guarantees shall be in accordance with Administrative provide to the Village, a Performance Bond of Developer, acceptable in form to the Village Attorney in conformity to the Plan of Development as the same is from time to time submitted in its phases, such Performance Bond to be in accordance with the provisions of Village Adminis- trative Order Number 2 dated January 1, 1973. 20 . If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of improvements, buildings or appurtenances, or any other development of any kind or character upon said property are amended or modified, the Developer may elect to proceed with respect to the development of, or construction upon, said property upon the amendment or modification applicable generally to all properties within the Village, except as otherwise contained within. 21. The Village agrees to permit Developer to construct and maintain one (1) model area in those areas of the Subject Property. Said model area may consist of five (5) model buildings, and one sales pavilion building. Such construction shall be in compliance with the provisions of all of Village 's ordinances and any amendments pro- vided herein. Further, Developer may utilize models for the marketing of other property owned and controlled by Developer in Buffalo Grove or to be annexed to Buffalo Grove, and said use shall be terminated when said property and the Subject Property have been exhausted. 22. The Developer shall have the right to construct signs on the Subject Property for purposes of advertising the development. How- ever, Developer shall construct said signs in conformance with the pro- visions of the Buffalo Grove, Illinois sign ordinance in effect as of the time the sign permit is submitted to the Village authorities. De- veloper must further receive the approval of the Appearance Control Commission as to any such signs. 23. It is agreed by the parties hereto that time is of the essence of this Agreement, and that all parties will make every reason- able effort to expedite the subject matters hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement and the development of the Subject Property in a manner in the best interests of all parties requires their continued cooperation; and the Developer does hereby evidence its intention to fully comply with all Village requirements, its willingness to dis- cuss any matters of mutual interest that may arise, and its willingness to assist the Village to the fullest extent possible, provided the extent of the Developer' s financial obligation is fully set forth herein; the Corporate Authorities do hereby evidence their intent for continued cooperation in the resolution of mutual problems and their willingness to facilitate the development of the Subject Property as contemplated by the provisions hereof. 24 . It is understood and agreed by the parties to this Agreement that the several provisions of this Agreement are separable, and that if any Court of competent jurisdiction shall adjudge any provision of this Agreement to be invalid or unenforceable , then such judgment shall not affect any other provision of this Agreement. 25 . Term of Agreement - This Agreement will be binding on both parties for a term of five .(5). years from the date of its execution. have applied-to pplied-to th eV c Vi lJl/ agy e uf or Caynt exytel nVsi onu uo f111G Ll..V C1V!/Gy- .�.LLQ11 LLV l.. the term hereof with ap- proval of the same by the Village, then upon thirty (30) days prior written notice to the Developer, the Subject Property may be reclassified to the R-1 Zoning Classification and upon thirty (30) days prior written notice to Developer, be disconnected from the Village, if the Village Board of Trustees so desires. This paragraph shall operate as a petition to disconnect by the Owner hereof. 27. This Agreement shall be binding upon the parties hereto, their respective successors and assigns. 28 . The Developer agrees upon final plat approval of the first phase of development to contribute the sum of $7, 500 .00 to the Village of Buffalo Grove for the express purpose of the Village utilizing said funds for safe passage of pedestrians from the west side of Arlington Heights Road to the east side in an area south of Nichols Road. 29 . Wherever in this Annexation Agreement lands or any interest therein are to be conveyed to or on behalf of the Village, each such conveyance, at the time the same is to be made as herein provided, shall be by warranty or trustee 's deed with plat of survey for the said land described therein prepared by a registered Illinois land surveyor. The Owner shall further deposit evidence of the payment of all real estate taxes to the date of such conveyance and letter. of indemnity by the Owner to the Village or other grantee agreeing to indemnify and hold harmless the grantee named therein from all real . estate taxes and assessments to the date of the conveyance and to further hold harmless and indemnify the grantee named therein from any cause of action or claim by reason of the conveyance. 30.. There is attached hereto and by reference incorporated herein as Exhibit "E" , a phasing plan for the Plan of Development. IN WITNESS WHEREOF, the Corporate Authorites and Developer have caused this instrument to be executed by their respective proper officers duly authorized to execute the same, on the day and year first above written. FALCON ELOPM NT COMPANY, INC . BY: President ATTEST: ecretary ....._.. ANNE MARIE HILDEBRANT VILLAGE OF BUFFALO GROV BY: ATTEST:-�; The North 1/2 of the Southeast 1/4 , except that part -lying East of the center line of Arlington Heights Road and except the South 3/8 thereof, of Section 6, Township 42 North, Range 11 East of the Third Principal Meridian, Cook County, Illinois.