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1987-051 ITEM NO. XII.(B) 5/26/87 ORDINANCE NO. 87- 51 AN ORDINANCE APPROVING THIRD 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 bf 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. t. 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 -2- 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, the Corporate Authorities of the Village of Buffalo Grove approved by Ordinance No. 86-69 an Amendment dated November 17, 1986 to said Annexation Agreement; and, WHEREAS, the Corporate Authorities of the Village of Buffalo Grove approved by Ordinance No. 87-34 a Third Amendment to Fiore Annexation Agreement dated April 6, 1987 for the hereinbefore mentioned legally described property; and, WHEREAS, proper and due notice of a public hearing on a Third Amendment to said Annexation Agreement 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 Third 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: -3- au Section 1. The preceding Whereas clauses are hereby made a part of this Ordinance. Section 2. The Third Amendment to said Annexation Agree- ment, which is attached hereto and made a part hereof as Exhibit "A" is approved. Section 3. That the variation is hereby granted to Section 17.40.020.B, of the Villages Zoning Ordinance to allow a minimum rear yard set back in the R-E One Family Dwelling District of the subject property to seventy (70) feet. Section 4. The President and Clerk of the Village are hereby authorized to execute said Second Amendment to said Annexation Agreement on behalf of the Village of Buffalo Grove. Section 5. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 5 - Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None ABSENT: 1 - Marienthal PASSED: July 6 1987. APPROVED: July 6 1987. l APPROVED: ( ' Village President / ATTEST:' . %�a `� • illage Clerk -4- 5/29/87 THIRD AMENDMENT TO FIORE ANNEXATION AGREEMENT This Agreement made and entered into this 6th day of Jul , 1987, 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"), AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee under Trust Number 67182 dated November 26, 1985 and SEIDL NURSERY, an Illinois General Partnership, (hereinafter collec- tively referred to as "Owner"), and ZALE GROVES, INC., an Illinois Corporation (hereinafter referred to as "Developer"). WHEREAS, SEIDL NURSERY is the owner of the hereinafter legally described real property known as Parcel 11; and, WHEREAS, AMERICAN NATIONAL BANK and TRUST COMPANY of CHICAGO, as Trustee under Trust Number 67182 dated November 26, 1985 is the owner of the hereinafter legally described real property known as Parcel 1 through Parcel 10 and Parcel 12 through Parcel 17; and, WHEREAS, the sole beneficiary of AMERICAN NATIONAL BANK and TRUST COMPANY as Trustee under Trust Number 67182 is Route 22 Development Corp. and that the owner of all the stock of Route 22 Development Corp. is N.W. Financial Corp. , an Illinois Corpora- tion; and, WHEREAS, the owners of all the stock of ZALE GROVES, INC. are Edward Zale, Roberta Zale, Amy Zale, Gregg Zale, and Melissa Norris. WHEREAS, request has been made to vary section 17.40.020.B. of the Village Zoning Ordinance as it pertains to minimum rear yard setback in the R-E One-Family Dwelling District from 100 feet to 70 feet; and, WHEREAS, the Corporate Authorities do hereby find that the criteria for variation as set forth in the Village Zoning Ordinance have been met. NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements herein set forth, the parties hereto agree as follows: Fl 1. That the preceding Whereas clauses are incorporated herein. 2. That certain "Fiore Annexation Agreement" dated March 3, 1986, approved by the Corporate Authorities by Ordinance No. 86-11, and that certain "Amendment to Fiore Annexation Agreement" dated November 17, 1986 approved by the Corporate Authorites by Ordinance No. 86-69 and that certain "Second Amendment to Fiore Annexation Agreement dated April 6, 1987 approved by the Corpo- rate Authorities by Ordinance No. 87-34, all of which cover 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 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. -2- 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, 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. -3- 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 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, be and hereby are amended allowing that part of the above described Property that is within the R-E One Family Dwelling District to be developed with a minimum rear yard set back of seventy (70) feet. 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. -4- VIILL/A/GEE OF BUFFALO GROVE Verna L. Clayton Village President ATTEST: -VV llage Clerk ZALE GROVES, INC. ATTEST: SEIDL NURSERY, an Illinois General Partnership By _ Zezz�-�- MCHRD GLAUNER eneral Partner AMERICAN NATIONAL BANK & TRUST COMPANY of CHICAGO, as Trustee Under Trust Number 671 2 dated November 26, 1985 By / / VV This instrument is execol^d h7 P'rP.;CNI N.-".TIVAI C!NX A;!D T3D;T CCf-PANY OF C?1c.V1,nvt Cesr _ b:[ r vs lr_e=e ah•-c:"rd. !.!I U'e covnants and ci- •s - k! -! to -, L?;I�d;t rr;i 'D tr HEM , , sail znc nt: �� L: . s•U ie acy,cl Cr car n.,o;a, cr_:,r�c,:r.;, r,�ac:,r....:a.., „ .r.�., c ,r�.,.:; id this insUcr,.ect. -5- F VILLAGE OF BUFFALO GROVE ORDINANCE NO. 87_51 ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE THIS 6 DAY OF July 19 87 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook & Lake Counties, Illinois, this 23 day of February 19 88 C/Village Clerk By, Acting Deputy Clerk