1979-017 co
ORDINANCE NO . 79- 17 ---
AN ORDINANCE AUTHORIZING THE AMENDMENT OF
ANNEXATION AGREEMENT DATED JUNE 8 , 1970
BY AND BETWEEN THE VILLAGE OF BUFFALO
GROVE , ILLINOIS AND WHEELING TRUST &
SAVINGS BANK AS TRUSTEE UNDER TRUST #723
WHEREAS , the Annexation Agreement hereinabove described
in the title hereof as amended by Ordinance No . 76-16 , has by
its terms expired December 1 , 1978 ; and
WHEREAS , the Corporate Authorities have held a public
hearing pursuant to Section 11-15 . 1-3 , Chapter 24 , Illinois Revised
Statutes , 1975 and have given notice of said hearing not more than
30 nor less than 15 days before said hearing ; and
WHEREAS , Sections 11 -15 . 1-1 et seq. , Chapter 24 , Illinois
Revised Statutes , 1971 , authorizes an extension and amendment of an
Annexation Agreement by mutual consent of the parties ; and
WHEREAS , in 1971 the MIDWEST BANK AND TRUST COMPANY OF
ELMWOOD PARK, Illinois , as Trustee , under Trust No . 71 -10-671 pur-
chased and obtained from WHEELING TRUST AND SAVINGS BANK as Trustee
under Trust No . 723 all interest in and to Parcel A legally described
as follows :
PARCEL A
That part of the Southwest 1/4 of Section 33 ,
Township 43 North, Range 11 , East-- of the 3rd
Principal Meridian described as follows : Be-
ginning at a point in the center line of State
Route No . 83 , said point being 108 . 0 feet
North of (measured perpendicular to) the South
line of said Southwest 1/4 ; thence , West paral-
lel with -the South line of said Southwest 1/4 ,
377 . 01 feet ; thence North 1 degree 31 minutes
20 seconds East , 51 . 05 feet ; thence North 81
degrees 2 minutes 22 seconds West , 183 . 90 feet
thence North 11 degrees 38 minutes 16 seconds
West , 250 . 85 feet ; thence •tEast 528 . 83 feet to
the center line of Illinois State Route 83 ;
thence southeasterly along - said- center line
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WHEREAS, the parties to the Annexation Agreement , their
successors and assigns all deem it to their best interests to
extend and amend the Agreement for a period of six months from
December 1 , 1978 , but only as to Parcel "A" less Lot 1 of the Town
Center subdivision.
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 President and Clerk are hereby authorized
and directed to execute an Amendment to the Annexation Agreement
dated June 8 , 1970, as amended by Ordinance #76-16 , by and between
the VILLAGE OF BUFFALO GROVE and WHEELING TRUST AND SAVINGS BANK,
as Trustee under Trust No . 723 as to Parcel "A" less Lot 1 of the
Town Center subdivision which is presently zoned B-2 with a special
use for a gasoline station. Said extension to be effective with
respect to the successors and assigns of the Agreement .
SECTION 2 . The original Annexation Agreement , as amended,
shall be extended as to Parcel "A" less Lot 1 , to and including June
131 1979 , and shall be amended as per copy of Amendment Agreement
attached hereto and made a part hereof as Exhibit "A" .
SECTION 3 . This Ordinance shall be in full force and
effect from and after its passage , approval and publication according
to law.
AYES : 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES : 0 - None
ABSENT: 0 - None
February 20 February 20
PASSED: 1979 . APPROVED: ,1979 .
PUBLISHED: February 22 1979 .
AMENDMENT AGREEMENT
THIS AMENDMENT AGREEMENT is entered into this 1st day
of December 1978 , by and between the VILLAGE OF BUFFALO GROVE ,
an Illinois Municipal Corporation and MIDWEST BANK AND TRUST COMPANY
OF ELMWOOD PARK, an Illinois Corporation, as Trustee under Trust
No . 71-10-671 .
W I T N E S S E T H:
WHEREAS , the Village of Buffalo Grove and Wheeling Trust
and Savings Bank as Trustee under Trust No . 723 entered into an
Annexation Agreement on June 8 , 1970 , and
WHEREAS , the Annexation Agreement as extended by Ordinance
No . 75-41 and 76-16 hereinabove described, will expire by its terms
on December 1 , 1978 , and
WHEREAS , the Midwest Bank and Trust Company of Elmwood
Park, as Trustee under Trust No . 71-10-671 purchased and obtained
from Wheeling Trust and Savings Bank, as Trustee under Trust No.
723, all interest in and to Parcel A, of said Annexation Agreement ,
which is legally described as follows :
PARCEL "A" :
That part of the Southwest 1/4 of Section 33 , Township
43 North Range 11 , East of the 3rd Principal Meridian
described as follows :
Beginning at a point in the center line of State Route
No . 83 , said point being 108 . 0 feet north of (measured
perpendicular to) the south line of said Southwest 1/4 ,
thence West , parallel with the South line of said
Southwest 1/4 , 377 . 01 feet ; thence North 1 degree 31
minutes 20 seconds East , 51 .05 feet ; thence North 81
degrees 2 minutes 22 seconds West , 183 . 90 feet ; thence
North 11 degrees 38 minutes 16 seconds West , 250 . 85
feet ; thence East 528 . 83 feet to the center line of
Illinois State Route 83 , thence Southeasterly along
said center line to the point of beginning in Lake
County, Illinois .
and
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WHEREAS , part of Parcel A has been subdivided by Plat
of Subdivision entitled "Town Center Subdivision" into Lot 1 ; that
all necessary permits have been issued by the Village and construc-
tion is to proceed on said Lot 1 for a service station; and
WHEREAS , the parties to this Agreement deem it to their
best interests to extend the Annexation Agreement as extended as
to Parcel A less Lot 1 which is presently zoned B-2 with a special
use for a gasoline station for a period of six (6) months from
December 1 , 1978 to and including June 1 , 1979 and to make other
amendments to said Annexation Agreement all pursuant to public
hearing.
NOW, THEREFORE , in consideration of the above and fore-
going and other good and valuable consideration, the parties hereto
agree as follows :
1 . That the hereinabove described Annexation Agreement
as extended, be and hereby is further extended to ,
and including June 1 , 1979 as to Parcel A, less Lot
1 of the Town Center subdivision (hereinafter referred
to as "Remainder") which is presently zoned B-2
with a special use for a gasoline station.
2 . That , prior to June 1 , 1979 , the owner of Lot 1 of
the Town Center subdivision shall petition the Village ,
and the Village shall , rezone Lot 1 to the B-5 zoning
district with a special use for a service station
pursuant to a site plan, engineering plans , and
landscaping plans , all of which have been approved
by the Village . Said service station use to the
merchandising of gasoline and other oil products ,
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only, and said use shall not include automobile or
truck rentals , automobile storage or mechanical
repairs . Lot #1 shall not be restricted however ,
solely to service station use .
3 . The owner of Parcel A less Lot l (hereinafter referred
to as "Remainder") shall develop said remainder
pursuant to a site plan that shall conform to the
concept of and be compatible with the B-5 zoning dis-
trict . Owner agrees to petition to the B-5 District
prior to June 1 , 1979 , and to submit a preliminary
plan for development ; the final plan of development
shall be approved by the Village , when submitted, in
,accordance with all of the requirements of the B-5
zoning ordinance .
4 . If any provisions of this Agreement are held invalid,
such provisions shall be deemed to be excised therefrom
and the invalidity thereof shall not affect any of the
other provisions contained herein.
S . This Agreement shall be binding upon the parties
hereto , successor owners of record of land which is the
subject of this Agreement , lessees , and upon any
successor municipal authorities of said Village and
the successor municipalities .
6 . This Amendment Agreement may be recorded with the
County Recorder of Lake County.
VILLAGE OF BUFFALO GROVE MIDWEST BANK & TRUST COMPANY OF
ELMWOOD PARK, ILLINOIS AS TRUSTEE
UNDER TRUST NO. 1--
-671
By.. 1
11;4ge President B
ATTEST ATTEST