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1986-011 ORDINANCE NO. 86- 11 AN ORDINANCE APPROVING ANNEXATION AGREEMENT (Fiore Property) WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, there has heretofore been submitted to the Corporate Authorities of the Village of Buffalo Grove a petition to annex the property legally des- cribed in Exhibt A hereto; and, WHEREAS, there has been submitted to the Corporate Authorities of the Village of Buffalo Grove an Annexation Agreement; and, WHEREAS, proper and due notices of public hearings on said Annexation Agreement and Zoning have been given and public hearings were held; and, WHEREAS, it is determined to be in the best interests of the Village of Buffalo Grove to approve said Annexation Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: SECTION 1. The Annexation Agreement, a copy of which is attached hereto and made a part hereof as Exhibit "A" is approved. SECTION 2. The President and Clerk of the Village are hereby authorized to execute said Agreement on behalf of the Village of Buffalo Grove. SECTION 3. This Ordinances shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: � - Marienthal, Glover, Reid, Shields, President Clayton NAYES 2 - O'Reilly, Kowalski ABSENT: 0 - None PASSED: March 3 1986 APPROVED: March 3 1986 APPROVED: A L. CLAYTON, Villa resident 1 :•F. draft 2/14/86 revised 2/20/86 revised 2/24/86 revised 2/27/86 revised 3/3/86 FIORE ANNEXATION AGREEMENT TABLE OF CONTENTS 1. Applicable Law. 2 2. A reement: Compliance and Validity. 2 3. Enactment of Annexation Ordinance. 3 4. Enactment of Zoning Ordinance. 3 5. Approval of Plats. 4 6. Compliance with A. licable Ordinances. 4 7. Amendment of Plan. 5 8. Building Permit Fees. 5 9. Water Provision. 6 10. Storm and Sanitar Sewer Provisions. 6 ge „Provisions. 8 11. Drainage 12. Owner Reca ture of Utilit Costs. 8 13. Pa ent of Recapture Fees Owed. 9 14. Street and Parkin Area Provisions. 9 15. Security for Public and Private Site Improvements. 10 16. Exhibits. 11 17. Annexation Fee. 11 18. Building, Landscaping and Aesthetics Plans. 11 19. Declaration of Condominium. 14 20. Project Models. 15 21. Ri ht of Way Dedication. 15 22. _ Park District Donations. 16 23. School District Donations. 16 24. Annexation to the Buffalo Grove Park District. 16 25. Facilitation of Development. 17 26. Enforceability of the Agreement. 17 27. Term of Agreement. 17 28. Bindin Effect of A reement. 17 29. Corporate Capacities. 17 30. Notices, 17 31. Default. 18 32. Special Conditions. 19 33. Disconnection of annexation parcels 1-10 and 12-17 (Fiore Proaertr� 22 34. Parcel 11 Disconnect O tion. 22 3 draft 2/14/86 revised 2/20/86 revised 2/24/86 revised 2/27/86 revised 3/3/86 FIORE ANNEXATION AGREEMENT This agreement (hereinafter referred to as the "Agreement") made and entered into this 3rd day of March, 1986, 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") , the owners of the Property as listed on Schedule I attached hereto and made a part hereof, (hereinafter referred to as "Owner") and ZALE GROVES, INC. , an Illinois Corporation (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 approximately 440.7 acres legally described and identified in the Petition for Annexation as parcels 1 through -10 and 12 through 17, which is attached hereto and made a part hereof as EXHIBIT A, (hereinafter referred to as the "Proper- ty") ; and, WHEREAS, Developer desires and proposes pursuant to the provisions and regulations applicable to the R-E, R-1, R-3, R-4, R-8, B-3 and I Districts of the Village Zoning Ordinance all subject to a special use for a Planned Unit Develop- went to develop the Property in accordance with and pursuant to a certain Prelim- inary Plan prepared by Johnston and Associates, Inc. and dated as last revised February 22, 1986, and also Preliminary Engineering Plan prepared by Donald Manhard Associates and dated as last revised December 31, 1985 and February 12, 1986, (hereinafter jointly referred to as the "Preliminary Development Plan") , a 1 24279i8 copy of which Preliminary Development Plan is attached hereto as EXHIBIT D and EXHIBIT E and incorporated herein, and subject to all other exhibits attached hereto or incorporated by reference herein. WHEREAS, pursuant to the provisions of Section 11-15. 1-1 et. seq. , of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1983) a proposed Annexation Agreement, in substance and in form substantially 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 Plan Commission of the Village has held such public hearing prescribed by law and made their recommendations with respect to the requested zoning classification of R-E, R-1, R-3, R-4, R-8, B-3 and I Districts all subject to a special use for a Planned Unit Development; and, WHEREAS, the President and Board of Trustees after due and careful consider- ation have concluded that the annexation of the Property to the Village and its zoning and development on the terms and conditions herein set forth would further enable the Village to control the development of the area and would serve the best interests of the Village. _ NOW, THEREFORE, _in consideration of the premises, mutual covenants and agreements herein set forth, the parties hereto agree as follows: 1. Applicable Law. This Agreement is made pursuant to and in accordance with the provisions of Section 11-15.1-1 et. seq. , of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1983) and the Village's Home Rule powers. The preceding Whereas clauses are hereby made a part of this Agreement. 2. A reement: Compliance and Validity. The Owner has filed with the Village Clerk of the Village a proper Petition for Annexation (EXHIBIT A hereto) pursuant to and in accordance with provisions of Section 7-1-8 of the Illinois 2427918 2 Municipal Code (Chapter 24, Illinois Revised Statutes 1983) , conditioned on the execution of this Agreement and the compliance with the terms and provisions contained herein, to annex Property to the Village. It is understood and agreed that this Agreement in its entirety, together with the aforesaid Petition for Annexation, shall be null, void and of no force and effect unless Property is validly annexed to the Village and is validly zoned and classified in the R-E, R-1, R-3, R-4, R-8, B-3 and I Districts all subject to a special use for a Planned Unit Development, 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 Ordi- nance") annexing Property to the Village. Said Annexation Ordinance shall be recorded with the Lake County Recorder's Office along with the Plat of Annexation (attached hereto as EXHIBIT B) . Recordation shall take place no more than thirty (30) 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 Property in the R-E, R-1, R-3, R-4, R-8, B-3 and I Districts all subject to a special use for a Planned Unit Develop— ment subject to the restrictions further contained herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to time. Said zoning shall be further conditioned on the development of the Property in in accordance with a Preliminary Plan prepared by Johnston Associates, Inc. and dated February 22, 1986, (EXHIBIT D) , and the Preliminary Engineering Plan prepared by Donald Manhard Associates, Inc. and dated December 31, 1985 and February 12, 1986, (EXHIBIT E) . 2427918 3 5. Approval of Plats. The Corporate Authorities hereby approve a Prelimi- nary Development Plan (EXHIBIT D and E) pursuant to the provisions of the Devel- opment Ordinance and in addition agree to approve a final plan of development or plats 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 Property as submitted by the Developer provided that the plat or plats shall: (a) conform to the Preliminary Development Plan, (EXHIBITS D and E) ; and, (b) conform to the terms of this Agreement and all applicable Village Ordinances as amended from time to time; and, (c) conform to the Development Improvement Agreement (EXHIBIT C) as amended from time to time. It is understood and agreed that the final subdivision plat or plats that will hereinafter be submitted by the Owner shall conform to the phases of the development as shown on the Zoning/Land Use and Phasing Plan. Notwithstanding the aforementioned provision, the Village agrees that it will not unreasonably withhold approval of amendments to said phases of the development. But it is the intent of the parties that single family housing is developed along with each phase of R-8 mixed use properties. 6. Com liance with Applicable Ordinances. The Developer agrees to comply with all ordinances of the Village of Buffalo Grove as amended from time to time ' in the development of the Property, provided that all new ordinances, amendments, rules and regulations relating to zoning, building and subdivision of land adopted after the date of this Agreement shall not be arbitrarily or discrimina- torily applied to the Property but shall be equally applicable to all property similarly zoned and situated to the extent possible. Developer, in the develop- ment of the Property shall comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as amended from time to time. Notwithstand- ing anything to the contrary herein contained during the term of this Agreement, 4 242'7918 it is understood that the zoning of the Property shall not be reclassified without Owner's consent, except as provided in paragraph 31 hereof, nor shall Owner be prohibited from developing the Property in accordance with the Prelimi- nary Plan (EXHIBITS D-1, D-2) . 7. Amendment of Plan. If the Developer desires to make changes in the Preliminary Development Plan, as herein approved, the parties agree that such changes in the Preliminary Development Plan will require, if the Village so determines, the submission of amended plats or plans, together with proper supporting documentation, to the Plan Commission and/or the Corporate Authorities to consider such changes to this Agreement. The Corporate Authorities may, at their sole discretion, require 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 Development Plan. The Village Manager is hereby authorized to approve such minor changes as he deems appropriate, provided that no such changes--(a) involve a reduction of the area set aside for common open space; nor (b) increases by more than two percent (2%) the floor area proposed for nonresidential use; nor (c) increases by more than two percent (2%) the total ground area covered by buildings. 8. Building Permit Fees. The building permit fees may be reasonably 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 reasonable additional expenses incurred for the necessary use of consultants in the review and inspection of the development from time to time. Developer shall pay any non-discriminatory new or additional fees 2427918� 5 hereinafter charged by 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, however, it is understood 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 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 to the extent possible. Following such tap on, the Village agrees to provide to the best of its ability and in a non-discriminatory manner water service to all users on the Property in accordance with the Preliminary Development Plan. Watermains serving the Property (including any offsite watermains and easements) 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. Developer shall construct a looped watermain system (both on on-site and off-site) at a size and location approved by the Village Engineer, prior to beginning construction of Phase II. Phase II is described in EXHIBIT F. 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 govern- mental agencies having jurisdiction as may be necessary to authorize connection from the proposed development to the Lake County Public Works Department for the 242'7918g 6 collection of sewage and to the Illinois Department of Transportation and the Lake County Highway Department as may be appropriate. The Developer shall construct on-site and off-site sanitary sewers (including obtaining any necessary easements) as may be necessary to service the Property, as per EXHIBIT E, howev- er, it is understood that changes to the Preliminary Engineering Plan may be required at the time of final engineering. It is understood and agreed that the Developer is responsible for constructing the off-site 33" sanitary sewer located on Weiland Road between Newtown Drive and Marie Avenue in Phase I. Upon instal- lation 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 reasonable increase in sewer rates and tap on fees, provided that such fees and rates are applied consistently to all similar users in the Village to the extent possible. B. The Developer shall also construct on the Property in question any storm sewers which may be necessary to service the Property, as per EXHIBIT E, however, it is understood that changes to the Preliminary Engineering Plan may be required at the time of final engineering. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain that portion of the storm sewer system which serves public streets, or multiple properties, and the Devel- oper agrees while it owns such Property, and thereafter subsequent owners, to operate and maintain that portion of the storm sewer system located on the subject Property and not dedicated, and shall record a covenant to that effect within thirty (30) days of the recording of the Plat of Subdivision. It is agreed that an easement shall be provided over any drainage way or storm water detention facility located on private lots in order to allow the Village to enter 2427918 0 7 onto the site to repair the facilities if necessary. Normal maintenance shall be the responsibility of the lot owner, and a covenant shall be recorded to that effect. 11. Drainage Provisions. The Developer shall fully comply with any request of the Village Engineer related to the placement of buildings on lots, to pre- serve drainage standards. Prior to final acceptance of the subdivision improve- ments, 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 mainte- nance of lawn grasses. 12. Owner Recapture of Utility Costs. It is further understood and agreed that a portion of the sanitary sewer and/or watermain to be constructed and installed by the Developer to serve the proposed development on the Property (hereinafter referred to as "Developer's Improvements") may be required by the Village to be so located and/or oversized as to benefit vacant neighboring properties not owned by the Developer, thus making such utility service available thereto. The Corporate Authorities agree to adopt an ordinance and take such other action as may be necessary to permit the Developer to recapture from such vacant neighboring property owners as may be benefitted by the Developer's Improvements, that portion of the actual costs of oversizing the construction and installation of Developer's Improvements, in such proportionate amounts from such neighboring property owners as may be so benefitted as determined by the Village including simple interest at an annual rate of nine percent (9%) for the first five (5) years and six percent (6%) thereafter. Said recapture ordinance shall only be enforceable for ten (10) years from its passage. The Village and Develop- er agree to use their best efforts to cooperate to achieve the most practical and feasible route to the off-site utilities connection points. The Village agrees 242'79�.8r� 8 to cooperate with the Developer in effectuating recapture from future developers as appropriate. The Village shall be entitled to a five percent (5%) fee from any amounts hereby recaptured as and for its collection efforts. 13. Payment of Recapture Fees Owed. Any amount of recapture required to be paid by this Property shall be due and payable upon annexation of the Property. 14. Street and Parking Area Provisions. The Developer agrees that all streets, parking and other areas are to be constructed in accordance with Village standards as set forth in the Development Ordinance as amended from time to time unless otherwise specified in this agreement. The Developer is responsible for the following road improvements which shall be completed when requested by the Village: a. Half Day Road (Illinois Route 22) : West boundary of development to Prairie Road - provide left and right turn lanes at Buffalo Grove Road and all intersecting roads and drives as may be approved by the Village from time to time; signalize the intersection at Buffalo Grove Road; access to Indus- trial and Commercial land uses shall be signalized if warranted. The Developer's cost of these signals shall be limited to the local share. Also, the Developer shall reduce the radius of the s-curve on Illinois Route 22 by widening the road entirely on the inside of the curve. b. Prairie Road: At Half Day Road - widen to three lanes, a left turn lane and a right turn lane for northbound traffic and a single lane for southbound traffic. Also, the Developer shall cooperate with Lake County in realigning the intersection of Prairie Road and Main Street. At Residential Use Entrances - provide both a right turn lane and through lane for southbound traffic and both a left turn lane and through lane for northbound traffic. Prairie Road entrances to development shall provide a minimum of both a left turn lane and a right turn lane for eastbound traffic and at least a lane for westbound traffic. C. Buffalo Grove Road: Through the Property south to Aptakisic Road - improve as a two lane roadway. The intersection at Half Day Road shall be devel- oped with a five lane cross section on both roadways and 2427918 �y 9 coordinated with the construction of the pedestrian underpass. . At Aptakisic Road, five lanes shall be provided on Buffalo Grove Road and four lanes on Aptakisic Road (one through lane each for eastbound and westbound traffic, a left turn lane for eastbound traffic and a right turn lane for westbound traffic) . Buffalo Grove Road shall ultimately consist of a 10" P.C.C. standard reinforced pavement over a 4" stabilized base course (CA6) , with four 12 foot travel lanes, 16 foot median (including left turn lanes) and B6:24 curb and gutter and shall comply with the applicable FAUS standards and as approved by the Village Engineer. It is agreed that the Developer shall be responsible for the construction of approximately one half of this improvement as determined by the Village. d. Port Clinton Road: If directed by the Village, Port Clinton Road shall be closed at the west end of the development and connect the north/south residential roadway through the single family area to Port Clinton Road with no extension of Port Clinton Road west of that point. Improve to a standard residential subdivision street consistent with the proposed Estate street standards if said standards are approved pursuant to paragraph 32B. e. General: All entrances as may be approved by the Village shall be developed providing left turn storage lanes and right turn storage lanes on the major roadway. 15. Security for Public and Private Site Improvements. Security for public and private site improvements shall be provided in accordance with the Develop- ment Ordinance, and the Development Improvement Agreement (EXHIBIT C) as amended from time to time, provided, however, that such improvements shall be secured on a phased basis according to EXHIBIT F. Any letter of credit issued for such improvements shall be drawn on a financial institution of net worth reasonably satisfactory to the Village Attorney. The issuer may have an equitable or lending interest in the Property provided that the letter of credit, either by its own terms or by separate written assurances of the issuer, shall be honored irrespective of that interest. The Village shall have the right to draw up to the full amount of the letter of credit in order to complete, and have formal acceptance of, all improvements secured by the letter of credit. The amount of 2427918 r3 10 the letter of credit shall not be reduced by expenditures may by the Developer until such improvements have been formally accepted by the Village. 16. Exhibits. The following EXHIBITS, some of which were presented in testimony given by the Developer or the witnesses during the hearing held before the Plan Commission and the Corporate Authorities prior to the execution of this Agreement, are hereby incorporated by reference herein, made a part hereof and designated as shown below. This Agreement, upon execution by the parties, together with copies of all EXHIBITS, shall be kept on file with the Village Clerk and be available for inspection to the parties hereto. EXHIBIT A Petition for Annexation EXHIBIT B Plat of Annexation EXHIBIT C Development Improvement Agreement EXHIBIT D-1, D-2 Preliminary Plan EXHIBIT E-1 thru 4 Preliminary Engineering Plan EXHIBIT F Zoning/Land Use and Phasing Plan EXHIBIT G-1, G-2 Preliminary Landscape Plan EXHIBIT H Architectural Elevations and Floor Plans EXHIBIT I Park Plan 17. Annexation Fee. Developer agrees to pay an annexation fee in an amount equal to $1200 per dwelling unit and $600 per nonresidential acre which fee shall be payable pro rata at issuance of building permits. However, this fee shall be paid in full prior to the expiration of this Agreement. 18. Buildin , 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. Lighting and signage shall be compatible with surrounding areas. Phases not under con- struction or completed shall be maintained in a neat and orderly fashion as determined by the Village Manager. All residential dwelling units constructed on the Property shall meet the following criteria: 2 4279i8 11 Size of Dwellin Unit Standards Carriage Homes 1200-1500 s.f. Face brick above garages; optional basement. Townhomes 1500-2000 s.f. Face brick above garages; rounded masonry garage entrance; optional basement; 2-car garage; 2.5 baths. Duplexes 2300-2500 s.f. Face brick above garages; rounded masonry garage entrance; optional basements; 2-car garage; 2.5 baths. R-4 (8,750 lots) 1900-2300 s.f. Basements, 2-car garage, 2.5 baths. R-3 (10,000 lots) 2500-3000 s.f. Basements, 2-car garage, 2.5 baths. R-1 (20,000 lots) 2500 s.f. minimum Custom housing. R-E (43,560 lots) 2500 s.f. minimum Custom housing. The following general aesthetics are also required: A. Nursery Stock It is the mutual desire of the parties that the on-site nursery stock consisting of approximately 7,000 specimens be utilized in the overall develop- ment plan of the subject Property to create and preserve a woody, vegetated environment. In this pursuit the parties agree to the following: 1. Nursery stock ownership - The Developer shall own and retain ownership of the entire nursery stock on the subject Property. It is the Owners' intent to deliver said Property to Developer with approximately 7,000 tree specimens on the premises. A "tree" is defined as a woody peren- nial plant with a single main stem trunk not less than 2-1/2" in diameter calipered at 6" above the ground. 2. Golf course trees - Upon conveyance to the Village of the land compris-. ing the municipal golf course, all of the trees and nursery stock located thereon shall belong to the Village, with the exception of those trees which the golf course architect shall designate for moving from the golf course premises. All of such trees or other nursery stock designated for movement from the golf course premises shall thereupon become the property of the Developer and shall be moved at the Developer's expense. All trees designated for transplantation from one location on the golf course to another shall remain the property of the Village. All transplantation expenses for trees remaining on the golf course shall be paid by the Village. 3. Tree preservation - The Developer will preserve to the greatest extent practical existing stands of trees in the R-E and R-1 Districts, on the municipal golf course, and in the mixed use residential district (R-8) . The Developer agrees to retain a qualified landscape architect to plan and supervise the preservation of trees to include means and methods of preservation. The preservation plan shall be submitted to the munici- pal consulting forester for approval prior to the start of con- struction. After the Developer has removed all trees or other nursery 12 242�9i8�� stock designated for removal from the golf course property by the golf course architect, the Developer will cease to have any responsibility for preservation of trees located on the municipal golf course. 4. Tree relocation - The Developer will make every reasonable effort to relocate and reutilize the nursery stock in the development program. The Developer will retain a qualified landscape architect to plan and supervise a tree management plan to assure that the development will conform to the Preliminary Landscape Plan (EXHIBIT G-1) in the R-8 district and to provide five (5) trees for every single family lot throughout the subdivision. Should the Developer be unable to provide said five (5) trees due to circumstances beyond his control, the Village may, at its sole discretion, reduce the required number of trees per lot. The Developer will be under the general direction of the Village's consulting forester who will work with the Developer's landscape architect to assure means and methods are followed in the construction program to save and utilize the greatest number of trees. The Developer will make every reasonable effort to save and assure a woody environment throughout the development. The Village's consulting forester and Developer's landscape architect will be empowered to make periodic, frequent inspections of all construction sites to assure careful preservation of all adjacent trees. In the event the forester and architect jointly determine that construction practices on a particular site are negligent and pose an unreasonable risk to tree stock, construction shall cease at said location until said con- struction practices are remedied and such unreasonable risk is removed. In the event of disagreement between architect and forester, after consultation between them, the forester's opinion shall prevail. Any trees located on the Property and not needed for the golf course or the development shall become the property of the Village to be used on public property throughout the Village. The cost of moving said trees shall be the responsibility of the Village. 5. Consulting forester - The Village reserves the right to retain a professional consulting forester to provide general direction to assure compliance with the tree management plan. The Developer agrees to reimburse the Village for all costs incurred from the consulting - forester in connection with this development. B. Housing quality Standards and Enhancements It is the desire and intent of the Owners and Developers to construct the highest quality residential community in Buffalo Grove and to adopt means and methods of construction to insure a high level of craftmanship. In all in- stances, durability, performance, and aesthetics of all materials used for the residential construction, will meet or exceed recognized industry standards. In addition, the amenities, options, and accessories shall be presented to the consumer in such a manner to insure him access to state of the art quality and convenience enhancements for his home. While this paragraph does not generally limit the Developer to a particular material, it does require the materials and construction practices selected to meet or exceed industry standards in the judgment of the Village. Specifically the Developer agrees to the following in residential dwelling units: 242'7918G 13 1. Exterior Elements a. All single family detached buildings will be presented with an optional fully brick, stone, or other masonry laid in place product or with partial masonry materials. b. All attached housing will be presented with brick on first floor front and partial brick rear elevations on the first floor and in other areas of the building as may be recommended by the Appear- ance Commission. C. All dwelling units in the R-8 district will be offered with architectural shingles (260 weight minimum) and all other dwelling units will be offered with materials which enhance the visual quality of the structure. d. All materials and detailing on each structure will be designed to enhance the image and character of this housing as an upscale community. e. No rooftop appurtenances (other than those necessary for the use of the structure or TV antennae) shall be allowed without the approval of the Appearance Commission. f. Concrete walks and optional patios shall be provided. 2. Interior Elements: a. All units shall be presented with hardwood flooring as either a standard or optional item. b. Designer windows meeting all energy code items shall be presented with all units. c. All kitchen appliances offered as standard shall not be below the mid point of comparable products offered and top of the line appliances shall be offered as either s_tandard_oLr-op-t-io-na-l-equip- - ment. d. Plumbing fixtures shall meet or exceed recognized standards in the industry. e. All units shall be offered with fireplaces as either standard or optional equipment. f. Full woodwork trim, banisters, doors, and cabinets shall meet or exceed industry mid point standards and top of the line quality shall be offered either as standard or optional items. 19. Declaration of Condominium. In the event that any portion of the Property shall be developed under the Illinois Statutes relating to condominiums, the condominium covenants, conditions and restrictions shall include a provision whereby the Village shall have the right, but not the obligation, to enforce 242791-8 14 covenants or obligations of the association or the owners of the units as defined and provided within the Declaration of Condominium, and further shall have the right, upon thirty (30) days prior written notice specifying the nature of a default, to enter upon common open spaces and cure such default, or cause the same to be cured at the cost and expense of the association or the owner or owners thereof. The Village shall also have the right to charge or place a lien upon the Property of the condominium association for the repayment of such costs and expenses, including reasonable attorneys' fees in enforcing such obligations. The declaration shall further provide that this provision may not be amended without the approval of the Village. Prior to recording, the finalized Declara- tion of Condominium shall be submitted to the Corporate Authorities for their approval. Said Declaration shall also include, but not by way of limitation, the following covenants and obligations: to maintain the common areas pursuant to Village of Buffalo Grove Ordinances and in a neat and orderly manner. This paragraph 19 shall also apply to the Property even if the Property is not submitted to the Illinois Condominium Act in that the requirements hereunder shall also apply to any homeowners association or covenant or restriction of record for common area parcel(s) which serve one or more units. 20. Project Models. The Village agrees to permit the Developer to con- struct and maintain four (4) model areas on the Property, together with suitable off-street parking areas, all subject to Appearance Commission approval. Such construction shall be in compliance with the provisions of the Village's Building Code in existence at the time of building permit issuance. Further, the Devel- oper may utilize models only as a project office for the marketing of that particular zoning district. Such use shall be discontinued when that zoning district has been fully and finally completed. 21. Right of Way Dedication. The Developer acknowledges that it is the intention of the Village and other involved agencies that at some time in the 15 future roadways within the Property will be widened. At the request of the Village, but no later than upon approval of the Final Plat of Subdivision for that phase, the Developer agrees to dedicate such additional right-of-way as may be required to permit the widening of said roadways as indicated on the Prelimi- nary Plan (EXHIBIT D) and Zoning/Land Use and Phasing (EXHIBIT F) . 22. Park District Donations. Developer agrees that pursuant to the pro- visions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding park donations, the following will be done: a. No cash contribution shall be required. b. On the 7.78 acre park site, if permitted by the Illinois Depart- ment of Transportation, the creek shall be relocated and the site shall be graded and seeded pursuant to EXHIBIT I. Said park site shall be formally deeded to the Village by Warranty Deed and shall be platted in Phase I of the development. C. Upon request of the Park District, the Developer will enter into a minimum of a five (5) year lease with the Park District at no cost for a four (4) acre site within the commercial/industrial area adjacent to the municipal site as depicted on EXHIBIT D. Said lease shall contain a termination clause upon sixty (60) day notice by the Developer to the Park District. Notwithstanding the aforementioned provision, the Developer shall delay sale of the subject four (4) acre site as long as economically practical. Said four (4) acres and municipal site shall be cleared, graded, and seeded by the Developer. 23. School District Donations. Developer agrees to comply with the pro- visions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding school donations. Developer agrees that it will make contribu- tions of cash to the Village for conveyance to School Districts #96, #102 and #125 according to the criteria of said Title. Said cash donation for School District #96 shall be paid in full upon platting of Phase I of the development and shall be for the amount of $200,000. 24. Annexation to the Buffalo Grove Park District. The Developer agrees, at the request of the Buffalo Grove Park District, to annex any part or all of the subject Property to said Park District. 2 42 /918,, 16 25. Facilitation of Development. Time is of the essence of this Agreement, and all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed that the successful consummation of this Agreement and the development of the Property in the best interests of all the parties requires their continued cooperation. The Developer does hereby evidence his intention to fully comply with all Village requirements, his will- ingness to discuss any matters of mutual interest that may arise, and his will- ingness to assist the Village to the fullest extent possible. The Village does hereby evidence its intent to always cooperate in the resolution of mutual problems and its willingness to facilitate the development of the Property, as contemplated by the provisions of this Agreement. 26. Enforceabilit 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. 27. Term of Agreement. This Agreement will be binding on all parties for a term of twenty (20) years from the date of the execution of this Agreement by the Village. This Agreement shall not be assigned without prior written consent of the Village. 28. Binding g Effect of Agreement.ment. This Agreement shall be binding upon the E parties hereto, their respective successors and assigns. 29. Corporate Capacities. The parties acknowledge and agree that the individuals that are member 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. 30. Notices. Any notice required pursuant to the provisions of this Agreement shall be in writing and be sent by certified mail to the following addresses until notice of change of address is given and shall be deemed received 17 2427918 u, a on the fifth business day following deposit in the U.S. Mail. If to Owner: Russell L. Engber 1893 Sheridan Road . Highland Park, IL 60035 If to Developer: Edward Zale Zale Construction Company 2302 E. Rand Road Arlington Heights, IL 60004 Copy to: James Gordon James S. Gordon, Ltd. 140 S. Dearborn Street Chicago, IL 60603 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa Bloche' , French & Raysa 1011 Lake Street Oak Park, IL 60301 31. Default. A. In the event Owner or Developer defaults, in his performance of his obligations set forth in this Agreement, then the Village, may, upon notice to Developer allow Owner or Developer sixty (60) days to cure default or provide evidence to the Village that such default will be cured in a timely manner if it cannot be cured during said period. If Owner or Developer fails to cure such default or provide such evidence as provided above, then, with notice to Owner or 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 Property to the R-E District zoning classi- fication. In such event, this Agreement shall be considered to be the petition of the Owner to disconnect such portion of the Property, or at the option of the Village to rezone such Property to the R-E District zoning classification. B. In addition to sub-paragraph A. hereof, it is recognized by the parties hereto that there are obligations and commitments set forth herein which are to 18 24279ILS-t be performed and provided for by the Developer and not by the Owner. The Village agrees that the Owner as such is exculpated from any personal liability or obligation to perform the commitments and obligations set forth herein and that the Village will look solely to the Developer for such performance, except that to the extent that the Owner or successor thereto shall become a developer or shall designate or contract with a developer other than Zale Groves, Inc., then in that case, the Owner or the new designee shall be subject to the liabilities, commitments and obligations of this Agreement. Notwithstanding anything con- tained herein to the contrary, the exculpatory clause of this paragraph shall not in any way affect the real estate comprising the Property. In the event the Owner or Developer defaults in his obligations created under this agreement, the Village may enforce such obligations against the Property owner. 32. S ecial Conditions. A. The following variations to the Village's Development Ordinance are hereby granted: Section 16.30.050.A.4. - This allows certain cul-de-sacs to have a length in excess of 500 feet as shown on EXHIBIT D. Section 16.50.070.D.2. - This allows the right-of-way in the R-8 area cul-de-sacs to be 27 feet as opposed to 60 feet. Section 16.50.080.A. 1. - This provides for no sidewalks in the public right-of-way along the cul-de-sacs in the R-8 area. _ Section 16.50.040.C.4. - This allows for a variation to our permanent pond design standards on the golf course which includes: 1. no shoreline protection 2. 4: 1 side slope In addition, the design for the private lakes are granted the following variations: 1. the use of Enkamat for shoreline protection 2. 4:1 side slope B. The Village agrees to consider amending its Development Ordinance in order to allow public streets in Estate areas (R-E and R-1) to be constructed pursuant to the design on EXHIBIT E. Should said amendment be denied, the Developer will be required to meet the Village's existing local street standard. C. Prior to the development of the Commercial and Industrial Proper- ty, preliminary and final plans must be submitted and approved by 19 2427918 z� the Village. It is hereby agreed that only one curb cut on each highway will be allowed from the commercial site to Illinois Route 22 (Half Day Road) and to Buffalo Grove Road. In addition, only one curb cut will be allowed from Illinois Route 22 to the indus- trial area. Said curb cut shall align with the entrance to the R-8 residential area. D. The Developer hereby agrees to be responsible for any litigation which may arise as a result of the Village's approval of this development and further agrees to cooperate with the Village in this matter. The Developer hereby indemnifies and holds the Village harmless from any actions or causes of actions which may arise from the approval of this development to include but not by way of limita- tion, Attorneys' fees, court costs and expenses. In the event of such litigation, Developer's Counsel will have principal responsibility for such litigation. E. The "Municipal Site" identified on EXHIBIT D shall be graded and seeded and be deeded to the Village by Warranty Deed upon request of the Village. Upon such conveyance, such site shall cease to be part of the Commercial/Industrial site for purposes of Paragraph 32C. F. The Village may require a special engineering consultant to assist in the inspection of certain utility and pavement work in order to maintain a timely construction schedule. Developer agrees to reimburse the Village for these engineering costs when incurred. G. Municipal Golf Course: The Developer desires to assist the Village in the development of a municipal golf course on the Property and will participate financially throughout the various stages of the golf course development as provided below. The Developer agrees to the following: 1. Land Dedication. The Developer will convey through Warranty Deed, clear title to approximately 121 acres of land shown on the Preliminary Plan as the golf course. Said conveyance may be in two parts with that Property lying south of Illinois 22 conveyed no later than April 7, 1986 with the exception of the area generally referred to as the sales building area. The second conveyance shall be no later than August 15, 1986 and include all Property depicted on the Preliminary Plan as golf course lying north of Illinois Route 22 and including that portion south of Illinois Route 22 commonly referred to as the sales building area not previously conveyed. 2. Access to the golf course property. Notwithstanding the conveyance, the Owners and Developer agree to provide access to the site to plan and design the course, to conduct the tree management plan on Village owned property and to study and design the building remodeling program. 20 2427918 Z3 3. Preliminary and final golf course design, construction specs, bidding, construction inspection, and half of the cost of construction management. The Village will retain the ser- vices of a golf architect to create a preliminary and com- plete final design for the golf course and its facilities and appurtenances. The golf course architect will further prepare complete contract documents, design specifications, bid documents and will conduct and supervise project bidding. The golf course architect will further provide one (1) year of on-site construction inspection to insure compliance with the construction contract. All costs identified in this paragraph shall be paid for by the Developer up to a maximum of $162,500. 4. Detention and water management facilities provided on the golf course. The Developer will pay Village for the con- struction of Developer's proportionate share of all detention and water management facilities located on the golf course which serve the Property. In addition, Developer will pay for all storm sewer feeders and appurtenant structures which serve the development. The Developer's share will be de- termined by the Village Engineer upon the recommendation of the golf course architect and Developer's engineer. Further the Village will permit, at Developer's expense to place the excavated lake material throughout the course at locations consistent with the golf course design plan and under direc- tion of the golf course architect. 5. Protection of course during construction. The Developer agrees to place temporary fencing between construction areas and the golf course during construction periods. 6. Irrigation lake. The design of the golf course anticipates the use of the #10 fairway lake as the main golf course irrigation lake. As such, it will serve only as a partial detention facility. All drainage from Illinois Route 22, Buffalo Grove Road and major subdivision storm sewer systems . will only be allowed to enter into a portion of said lake. 7. Payment guarantee. The Developer agrees to place with the Village prior to June 1, 1986, a letter of credit to assure payment of the Developer's share of the municipal golf course construction program and to insure faithful performance of all duties and responsibilities and obligations under this agreement. 8. Illinois Route 22 golf subway. Village will design said subway and pay Developer to install the golf pedestrian subway under Illinois Route 22. Costs shall be based on approved construction bids and work will be undertaken by Developer so as to insure completion in 1986. 9. The Village agrees that it will not fence the golf course for a period of five (5) years from the date of this Agreement. 21 2y 10. Course Completion. The Village, to the greatest extent possible, will complete the course pursuant to the final design so as to open the course on or about August, 1987 for the south nine holes and August, 1988 for the north nine holes. This schedule assumes commencement Qf construction April, 1986. The Village will complete the golf course within 42 months after the effective date of the Annexation Agreement. 33. Disconnection of annexation parcels 1-10 and 12-17 (Fiore Property) . The current Owners shall have the option to disconnect the entire Property and only the entire Peoperty by serving written notice to the Village, solely in the event, that the named Developer herein fails to pay the purchase price provided in a certain option to purchase agreement dated 5/21/85. Said option shall be exercised if at all by 11/30/86. 34. The Owner of Parcel 11, at his sole discretion shall have the option to disconnect his Property after eighteen (18) months from the effective date of the Annexation. The Property may also be disconnected by 11/30/86 if and only if Property referred to as the Fiore Nursery Property is disconnected pursuant to the Annexation Agreement for the Property. Nothing in this paragraph requires the Owners to disconnect. IN WITNESS WHEREOF, the Corporate Authorities, Owner and Developer have caused this-..instrument to be executed by their respective proper officials duly authorized to execute the same on the day and the year first above written, VILLAGE OF BUFFALO 5�LOVE VERNA L. CLAYTON, Village -President ATTEST: r Vill „ e-'Clerk r „ ZALE GROVES, INC. (� ATTES . 242'7918 /` zs 22 Clara M. Zenzola, as Co-Trustee, and Charles Fiore Nurseries, Inc. Alfred L. Fiore and Charles Fiore Jr. , An Illinois Corporation not individually, but as Co-Trustees under Josephine Fiore Trust #5 (sometimes /p ref erred .to as "T-511) B By � -� -«-2 Presi nt Alfy4d L. Fiore, Truste oresaid ATTEST:.�'yj'"�t B " 5;?u Charles Fiore, Jr. , ustee Aforesaid 0^:7-e SeC Wsj� ;��N`F �j�' Clara M. Zenzolac' Tru a Aforesaid Tr j,•IA A C: SEIDL NURSERY, An Illinois General Partnership BY z� ytla-2-e�� R,101ARD GLAUNER, General Partner ATTEST: 242'7918 G 24 3/3/86 FIORE PROPERTY ANNEXATION AGREEMENT SCHEDULE I Zale Groves, Inc. , An Illinois Corporation Charles Fiore Nurseries, Inc. An Illinois Corporation Clara M. Zenzola, as Co-Trustee, and Alfred L. Fiore and Charles Fiore Jr. , not individually, but as Co-Trustees under Josephine Fiore Trust #5 (sometimes referred to as "T-511) Seidl Nursery, An Illinois General Partnership Fxk + - A � t ZALE CONSTRUCTION — FIORE PROPERTY PROJECT ANNEXATION LEGAL DESCRIPTION PARCEL I THE NORTHEAST QUARTER. OF THE NORTHEAST QUARTER OF SECTION 20 , TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS. PARCEL 2 THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION! 20 , TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS. PARCEL 3 THE NORTH 15 CHAINS OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 20 , TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINJCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS. PARCEL 4 THE EAST 1 CHAIN OF THE SOUTHEAST QUARTER OF SECTION 20 , TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THE NORTH 15 CHAINS THEREOF) , IN LAKE COUNTY, ILLINOIS. PARCEL 5 THE EAST 589. 29 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION! 29, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINdCIPAL MERIDIAN, (EXCEPT THAT PART OF THE EAST 589. 29 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED:"AS FOLLOWS: 11 BEGINNII-•IG AT THE SOUTHEAST CORNER OF SAID EAST 589..29 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION! 29; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTH HALF OF THE NORTHEAST QUARTER. , A DISTANCE OF 589.30 FEET TO THE INTERSECTION OF SAID SOUTH LINE WITH THE WEST LINE OF THE EAST 589. 29 FEET OF THE NORTH HALF OF SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 20 MINUTES 49 SECONDS EAST ALONG SAID WEST LINdE OF THE EAST 589 . 29 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER A DISTANCE OF 701. 63 FEET; THENCE SOUTH 60 DEGREES 57 MINUTES 05 SECONDS EAST, A DISTANCE OF 671 .83 FEET TO A POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 00 DEGREES 29 MINUTES 49 SECONDS WEST ALONG SAID EAST LINE OF THE NORTHEAST QUARTER, A DISTANCE OF 383. 42 FEET TO THE POINT OF BEGINNING) , IN LAKE COUNTY, ILLINOIS. PARCEL 6 THAT PART OF THE EAST HALF OF THE NORTHWE`:T QUARTER.. OF SECTIONI :'1 . TOI,.1PlE,HIP 4=: NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF LF;KE ?i IR I C:H ROAD (EXCEPT THE SOUTH 657. 8 FEET THEREOF) , IN LAKE COUNTY, ILLINOIS. 2�2'�9i83a ' 1CX��hrk PARCEL 7 THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 43 NORTH, . RANGE it EAST OF THE THIRD PRINCIPAL MERIDIANN, IN LAKE COUNTY, ILLINOIS. PARCEL 8 THE WEST HALF OF THE SOUTHEAST QUART-ER OF SECTION 17, TOWNSHIP .43 NORTH , RANGE 11- EAST- Cfr THE THIRCF PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINGIS. = PARCEL 9 .THE EAST HALF OF- THE SOUTHWEST QUARTER, AND THAT PART OF -THE EAST HALF- OF THE NORTHWEST QUARTER LYItIG SOUTH OF A - LINE COMMENCING 20 RODS NORTH OF THE CENTER 'O-F SAID SECTION; THENCE RUNNING NORTH 85 DEGREES WEST TO THE WEST LINE OF THE EAST HALF OF SAID NORTHWEST QUARTER ALL IN SECTION 17, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN , IN LAKE COUNTY, ILLINOIS . PARCEL 10 THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 21 , TOWNSHIP 4.3 t-JORTH , RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS. -- - _ PARCEL 11 - -THE WEST WEST 523. 29 FEET OF THE EAST 1589.29 FEET , EXCEPTING THEREFROM THE NORTH 15 CHAINS ( 990 . 00 FEET) , OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 20 , TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD- - PRINCIPAL MERIDIAt',I, AND EXCEPTING THAT PART FALLIPIG 1,4ITHIP-1 THE - C:OMMONWEALTH EDISOP! COMPANY'S RIGHT OF WAY DESCRIBED AS A STRI-P OF LAND 210 FEET IN WIDTH (MEASURED AT RIGHT ANGLES, TO THE S-CiLTHWES"TEP,LY LINE THEREOF) THROUGH THAT PART OF THE SOUTHEAST QUARTER. OF SECTION 20 , TOWNSHIP 43 NORTH, RANGE 11 EAST- - OF THE THIRD PRINCIPAL t•IERI DIAf-.', It•! LAKE COUNTY, JLLINOIS, LYING- EAST OF A LINE WHICH IS 9. 25 CHAINS 610 .50 FEET ZJE T ''OFr`THEH AST-'�.I'hF> - C�F`���'H EST-�'+fALF GF- THE- SULffHEA-ST' QTJ;h TEP OF SAID SECTION 20 DESCRIBED AS FOLLOWS : BEG I t•If-I-It-IG AT A- PO-I-NT IN- THE`-= WEST - LINE OF--._. THE EA$T- FEET OF SAID SOUTHEAST QUARTER WHICH IS 350 . 91 FEET NORTH OF- THE SOUTH LINE OF SAID SOUTHEAST-- QUARTER , SAID - POINT BEING - I N - THE -SOUTHU-JESTEREY L'4 NE- OF A-' 21 0�-'FEET D I AGOt•NAL STRIP- OF LANb;- THENCE NORTH-1.JESTERLY ALONG THE SOUTHI.JESTERLY LIME OF SAID 210 FEET STR I P- OF LAND, A d I BTAt`l1rE- OF' 251 5. 15 FEET TO A PO I NT I N THE WEST LINE OF THE EAST 9. 25 CHAINS , 610 . 50 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER, OF SAID SECTION , SAID POINT BEING 606.60 FEET SOUTH- OF- THE NORTH L Ir`!E OF SAID SOUTHEAST QUARTER-, THENCE NORTH 282. 11 FEET TO THE NORTHEASTERLY LINE OF- SAID 210 FEET STR1 P- (MEASURED- AT RI GHT- ANGLES TO- THE SOUTHWESTERLY DIAGONAL LINE) , THENCE SOUTHEASTERLY ALONG A L I PIE 210 FEET NORTHEASTERLY OF (NEA'LIRED AT RIGHT ANGLES TO SAID 'SOUTH►.JESTERLY DIAGONAL LIt--iE> AND PARALLEL THERETO A DISTANCE OF 820 . 122 FEET- TO THE INTERSECTION OF SAID DIAGONAL LINE '/-JITH THE EAST LINE OF THE WEST HALF OF THE SOUTHER'-:T i;UARTER OF SAID SECTION; THENCE SOUTH 2427918 y e . ALONG THE EAST LINE bF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION. A DISTANCE OF 118. 297 FEET TO THE NORTH LINE OF THE SOUTH 25 CHAINS, 1650 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE EAST ALONG THE NORTH LINE OF THE SOUTH 25 CHAINS, 1650 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION, A DISTANCE OF 131 . 46 FEET TO THE IN-dTERSECTION OF .SAID - LI.NE WITH SAID 'NORTHEA'STERLY DIAGONAL LINE OF . SfiI D 2tO _-TEET - STRI-P; . ,�THEN•1GE :.SOUTHEASTERLY - .ALONG _THE NORTHEASTERLY 'LINE OF SAID 210 FEET DIAGONAL STRIP OF LAND, A DISTANCE OF 1517. 70 FEET TO THE INTERSECTION OF SAID DIAGONAL LINE WITH THE WEST LINE OF THE EAST 66 FEET OF SAID SOUTHEAST QUARTER ; THENCE SOUTH ALONG A LINE 66 FEET WEST OF AND PARALLEL WITH THE -EAST =LINE ;OF -SAID SOUTHEAST -QUARTER A DISTANCE , OF 282.59 FEET -TO THE POINT -OF -BEGINNING, ' IN LAKE COUNTY, ILLINOIS. PARCEL 12 -THAT PART OF THE PRAIRIE ROAD RIGHTS OF WAY FALLING WITHIN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 21 , TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN AND LYING SOUTH OF--THE NORTH- LINE OF STATE ROUTE 22 AND -NORTH OF THE NORTH LINE OF THE, SOU-TH 657 . 80 FEET OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 21 , IN LAKE COUNTY, ILLINOIS. PARCEL 13 THAT PART OF THE STATE ' ROUTE 22 -RIGHTS OF WAY FALLING WITHIN•! THE EAST HALF OF THE NORTHWEST .QUARTER OF' - SECTION - 21-, -TOWNSHIP 43 NORTH,- -RANGE I 1 EAST OF- THE-' -THIRD PRINCIPAL MERIDIAN, -IN LAKE COUNTY, ILLINOIS. PARCEL 14 THAT PART OF THE PUBLIC .STREET RIGHTS. .OF WA`r_, _ :WHICH RUNS ALONG THE - WEST, LINE OF THE - EAST HALF OF THE * NORTHWEST QUARTER- OF SECTI ON 21 , TOWNSHIP �' 43 - NORTH, RANGE - -i l EAST OF THE THIRD P_R­IJ-•JCIPAL MERID.IAN,_ -NORTH OF STATE _ -ROUTE .22, WHI.CH -FALLS :WITHIN THE- EA-ST - :HALF - OF THE -NORTHWEST- QUARTER OF -SAID-.SECTI-ON -21 LAKE COUNTY, 'I-LLINOIS.. : PARCEL :.1.5 ,_�._- - THAT PART OF THE -STATE ROUTE 22 -RIGHTS OF WAY FALLING WITHIN THE WEST HALF -OF THE NORTHEAST_- QUARTER. .OF SECTION 20.- , -OWNSH�P_ .4. NrlORTH, _RANGE 1 1 _EAST OF- -THE, TH I RD. -PP.I NC I PAL MER I DI.AN,!, I'N LAKE COUNTY, ILLINOIS. - . . PARCEL 16 THAT PART OF THE STATE ROUTE _22 RIGHTS OF WAY. FALLING WITHIN THE EAST -HALF OF THE NORTHWEST QUARTER OF SECTION 20 ;:...TOWNSHIP 43 VJ RTH, RAN•!GE 11 -EAST OF THE THIRD PRINCIPAL MERIDIAN, IN LAKE COUNT-( , ILLINOIS . -- PARCEL V 17 - THAT PART OF THE Pl lRT CL I NT!�t••! ROAD P.I GHT S OF WAY FALLING WITHIN THE WEST HALF OF THE NORTHEAST - QUARTER OF SECTION) 17, TOWNSHIP 4 i NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MER,I D I AVI, IN LAKE COUNTY , ILLINOIS.