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) .
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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-
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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
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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.