1986-069 11/10/86
ORDINANCE NO. 86- 69
AN ORDINANCE APPROVING AMENDMENT OF AN
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, the Corporate Authorities of the Village of Buffalo
Grove approved by Ordinance No. 86-11 an Annexation Agreement
dated March 3, 1986 for the following legally described
property:
PARCEL 1:
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 Principal 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 Principal 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:
Beginning 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 line of the East
589.29 feet of the North half of the Northeast quarter a
distance of 709.63 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 Northwest quarter of
Section 21, Township 43 North, Range 11, East of the Third
Principal Meridian, lying South of Lake Zurich Road (except
the South 657.8 feet thereof) , in Lake County, Illinois.
PARCEL 7:
The South half of the Southeast quarter of the Southeast
quarter of Section 17, Township 43 North, Range 11, East of
the Third Principal Meridian, in Lake County, Illinois.
2�`�34kZ
PARCEL 8:
The West half of the Southeast quarter of Section 17,
Township 43 North, Range 11, East of the Third Principal
Meridian, in Lake County, Illinois.
PARCEL 9:
The East half of the Southwest quarter and that part of the
East half of the Northwest quarter lying South of a line
commencing 20 rods North of the center of said section;
thence running North 85 degrees West to the West line of the
East half of said Northwest quarter all in Section 17, Town-
ship 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 43 North, Range 11, East of the Third Principal
Meridian, in Lake County, Illinois.
PARCEL 11:
The West 523.29 feet of the East 589.29 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 Meridian, and
excepting that part falling within the Commonwealth Edison
Company's rights of way described as a strip of land 210
feet in width (measured at right angles to the Southwesterly
line thereof) through that part of the Southeast quarter of
Section 20, Township 43 North, Range 11, East of the Third
Principal Meridian, in Lake County, Illinois, lying East of
a line which is 9.25 chains, 610.50 feet West of the East
line of the West half of the Southeast quarter of said
Section 20, described as follows:
Beginning at a point in the West line of the East 66 feet of
said Southeast quarter which is 350.91 feet North of the
South line of said Southeast quarter, said point being in
the Southwesterly line of a 210 feet diagonal strip of land;
thence Northwesterly along the Southwesterly line of said
210 feet strip of land, a distance of 2515.15 feet to a
point in 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 line of said
Southeast quarter; thence North 282.11 feet to the North-
easterly line of said 210 feet strip (measured at right
angles to the Southwesterly diagonal line) ; thence South-
easterly along a line 210 feet Northeasterly of (measured at
right angles to said Southwesterly diagonal line) and
parallel thereto a distance of 920.12 feet to the intersec-
tion of said diagonal line with the East line of the West
half of the Southeast quarter of said Section; thence South
along the East line of the West half of the Southeast
quarter of said Section, a distance of 118.29 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 intersection of said line
with said Northeasterly diagonal line of said 210 feet
strip; thence 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 South 657.80 feet of
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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 11, East of the Third Principal
Meridian, in Lake County, Illinois.
PARCEL 14:
That part of the public street rights of way, which runs
along the West line of the East half of the Northwest
quarter of Section 21, Township 43 North, Range 11, East of
the Third Principal Meridian, North of State Route 22, which
falls within the East half of the Northwest quarter of said
Section 21, in Lake County, Illinois.
PARCEL 15:
That part of the State Route 22 rights of way falling within
the West half of the Northeast quarter of Section 20,
Township 32 North, Range 11, East of the Third Principal
Meridian, in 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 North, Range 11, East of the Third Principal
Meridian, in Lake County, Illinois.
PARCEL 17:
That part of the port Clinton Road rights of way falling
within the West half of the Northeast quarter of Section 17,
Township 43 North, Range 11, East of the Third Principal
Meridian, in Lake County, Illinois; and,
WHEREAS, the Village, by Ordinance No. 86-12 did annex the
hereinabove mentioned property; and,
WHEREAS, said Annexation Agreement provided that Charles
Fiore Nurseries, Inc. , and trustees of Josephine Fiore Trust No.
5 shall have the option to disconnect the property owned by them,
to wit: (Parcels 1-10 and 12-17) in their entirety solely in the
event that the developer, Zale Groves, Inc. , failed to purchase
their property, and that said option to disconnect shall expire
if not exercised by November 30, 1986; and
WHEREAS, the Village of Long Grove has challenged the
legality of the annexation of the properties covered by the
Annexation Agreement in a quo warranto suit in the Circuit Court
for the Nineteenth Judicial Circuit, Lake County, Illinois, and
as a result of such litigation, petitioner Zale Groves, Inc., has
been unable to close the purchase of the property owned by
Charles Fiore Nurseries, Inc., and Josephine Fiore Trust No. 5;
and
25x1.1?i
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WHEREAS, the Village of Buffalo Grove reasonably believes
that the Long Grove litigation and/or any appeal therefrom will
continue to prevent the closing of the purchase of the Fiore
properties by November 30, 1986, forcing the Charles Fiore
Nurseries, Inc., and the Josephine Fiore Trust No. 5 to exercise
their option to disconnect in order to avoid expiration of their
right to do so, unless said option is extended for a longer
period of reasonable duration; and
WHEREAS, proper and due notice of a public hearing on said
Annexation Agreement Amendment has been given and a public
hearing held; and,
WHEREAS, it is determined to be in the best interests of the
Village of Buffalo Grove to approve said Annexation Agreement
Amendment.
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 preceding Whereas clauses are hereby made a
part of this Ordinance.
Section 2. The Amendment to said Annexation Agreement, a
copy of which is attached hereto and made a part hereof as
Exhibit "A" is approved.
Section 3. The President and Clerk of the Village are
hereby authorized to execute said Agreement on behalf of the
Village of Buffalo Grove.
Section 4. This Ordinance shall be in full force and effect
from and after its passage and approval. This Ordinance shall
not be codified.
AYES: S - Marienthal O'Reill Glover, Reid, Shields
NAYES: 0 - None
ABSENT: 1 - Kowalski
PASSED: November 17 , 1986.
APPROVED: November 17 , 1986.
�3 , ' APPROVED ...
Village President
J , ,l
ATTESsP.:
•;;village-Clerk
w �4
11/10/86
AMENDMENT TO
FIORE ANNEXATION AGREEMENT
This Agreement made and entered into this 17th day of
November, 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") , CHARLES
FIORE NURSERIES, INC., an Illinois Corporation, CLARA M. ZENZOLA,
ALFRED L. FIORE and CHARLES FIORE, JR. , not individually, but as
Co-Trustees under JOSEPHINE FIORE TRUST #5 (sometimes referred to
as "T-5"), (hereinafter referred to sometimes as "Owner") , and
ZALE GROVES, INC. , an Illinois Corporation (hereinafter referred
to as "Developer") .
NOW, THEREFORE, in consideration of the premises, mutual
covenants and agreements herein set forth, the parties hereto
agree as follows:
1. That certain "Fiore Annexation Agreement" dated March 3,
1986 between the parties hereto and approved by the Corporate
Authorities by Ordinance No. 86-11, and covering the following
legally described real property:
PARCEL 1:
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 Principal 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 Principal 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:
Beginning 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
2541_ 21.
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 line of the East
589.29 feet of the North half of the Northeast quarter a
distance of 709.63 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 Northwest quarter of
Section 21, Township 43 North, Range 11, East of the Third
Principal Meridian, lying South of Lake Zurich Road (except
the South 657.8 feet thereof) , in Lake County, Illinois.
PARCEL 7:
The South half of the Southeast quarter of the Southeast
quarter of Section 17, Township 43 North, Range 11, East of
the Third Principal Meridian, in Lake County, Illinois.
PARCEL 8:
The West half of the Southeast quarter of Section 17,
Township 43 North, Range 11, East of the Third Principal
Meridian, in Lake County, Illinois.
PARCEL 9:
The East half of the Southwest quarter and that part of the
East half of the Northwest quarter lying South of a line
commencing 20 rods North of the center of said section;
thence running North 85 degrees West to the West line of the
East half of said Northwest quarter all in Section 17, Town-
ship 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 43 North, Mange 11, East of the Third Principal
Meridian, in Lake County, Illinois.
PARCEL 11:
The West 523.29 feet of the East 589.29 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 Meridian, and
excepting that part falling within the Commonwealth Edison
Company's rights of way described as a strip of land 210
feet in width (measured at right angles to the Southwesterly
line thereof) through that part of the Southeast quarter of
Section 20, Township 43 North, Range 11, East of the Third
Principal Meridian, in Lake County, Illinois, lying East of
a line which is 9.25 chains, 610.50 feet West of the East
line of the West half of the Southeast quarter of said
Section 20, described as follows:
Beginning at a point in the West line of the East 66 feet of
said Southeast quarter which is 350.91 feet North of the
South line of said Southeast quarter, said point being in
the Southwesterly line of a 210 feet diagonal strip of land;
thence Northwesterly along the Southwesterly line of said
210 feet strip of land, a distance of 2515.15 feet to a
point in 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 line of said
Southeast quarter; thence North 282.11 feet to the North-
easterly line of said 210 feet strip (measured at right
angles to the Southwesterly diagonal line) ; thence South-
easterly along a line 210 feet Northeasterly of (measured at
right angles to said Southwesterly diagonal line) and
-2-
r-
parallel thereto a distance of 920.12 feet to the intersec-
tion of said diagonal line with the East line of the West
half of the Southeast quarter of said Section; thence South
along the East line of the West half of the Southeast
quarter of said Section, a distance of 118.29 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 intersection of said line
with said Northeasterly diagonal line of said 210 feet
strip; thence 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 South 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 11, East of the Third Principal
Meridian, in Lake County, Illinois.
PARCEL 14:
That part of the public street rights of way, which runs
along the West line of the East half of the Northwest
quarter of Section 21, Township 43 North, Range 11, East of
the Third Principal Meridian, North of State Route 22, which
falls within the East half of the Northwest quarter of said
Section 21, in Lake County, Illinois.
PARCEL IS:
That part of the State Route 22 rights of way falling within
the West half of the Northeast quarter of Section 20,
Township 32 North, Range 11, East of the Third Principal
Meridian, in 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 North, Range 11, East of the Third Principal
Meridian, in Lake County, Illinois.
PARCEL 17:
That part of the port Clinton Road rights of way falling
within the West half of the Northeast quarter of Section 17,
Township 43 North, Range 11, East of the Third Principal
Meridian, in Lake County, Illinois; and,
be and hereby is amended by deleting from said Fiore Annexation
Agreement paragraph 33 and inserting in lieu thereof the follow-
ing paragraph 33:
"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 Property by serving
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2541�?1
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, as amended. Said option to disconnect shall be
exercised on or before March 2, 1987."
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.
VILLA OF BUFFAL0 GROVE
.Cti++-�- �-� li' tom►+-�'
Verna L. Clayton
Village President
ATTEST:
Village Clerk
ZALE GROVES, INC.
v
ATTEST:
•r -
C9ARLES' FIORE NURSERIES, INC. CLARA M. ZENZOLA, as Co-
,,.►n� III inoiIW Corporation Trustee, and ALFRED L. FIORE
p and CHARLES FIORE, JR., not
�M ._, ;�• _�= 1�--+�-t_ individually, but as Co-
;,.:. •_�• Trustees under Josephine
4 Fiore Trust #5 (sometimes
J ,R'RST >>: referre to as "T-5")
By
Alfited L. Fiore, Trus
Charles Fiore, Jr.T V
stee
Clara M. Mnzola, Trustee
-Q-
VILLAGE OF BUFFALO GROVE
ORDINANCE NO.
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROVE
THIS J-7t DAY OF ,,tJ jI/ , 19-&,
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook & Lake Counties, Ill' ols,
this �_ day of 19
illage Clerk
Y