1981-032 Z5932381
ORDINANCE NO. 81.- 3
AN ORDINANCE AMENDING ANNEXATION AGREEMENT
DATED JUNE 2 , 1978 AND AMENDED JANUARY 22 , 1979
AND AMENDING ORDINANCES NO. 78-45 AND 79-5
(Grove Terrace Condominiums) i
WHEREAS, the Village President and Board of Trustees, did,
by Ordinance No. 78-45, approve an Annexation Agreement dated
June 2, 1978 , between the Village and Harris Trust and Savings
Bank, as Trustee under Trust No. 31067, dated April 1, 1963;
and Edward L. Holzrichter; and Daniel I . Taggert, Jr. as
beneficiary of Harris Trust No. 31067, both individually and
as Trustee of the Residuary Trust under the Last Will and Testa-
mint of Daniel I. Taggert, Deceased and Elsie Taggert, as bene-
ficiary under Harris Trust No. 31067; and
WHEREAS, the Village President and Board of Trustees,
did, by Ordinance 79-5 approve an Amendment of-Annexation Agreement,
dated January 22, 1979, which included the recognition of
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Bernard Katz & Co. , Inc., an •Illinois corporation ("Katz" )
as the successor and assign of Edward L. Holzrichter, as the N
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"Developer" (said Annexation Agreement as amended being herein-
after referred to as the "ANNEXATION AGREEMENT" ) ; and ~
WHEREAS, Exchange National Bank of Chicago, not personally,
but as ,.trustee under trust agreement dated January 10, 1979,
and known as trust 34870 ("Exchange") has acquired from the
Harris Trust 31067 the title to the property which is the subject
of the ANNEXATION AGREEMENT the "Subject Property" ) , and Katz
is the duly authorized agent for the beneficiaries thereof; and
WHEREAS, Katz has requested that the terms and conditions
of the ANNEXATION AGREEMENT be further amended; and
WHEREAS, proper and due notices of public hearings and all
public hearings required . by law to execute the provisions of
WHEREAS , the President and Board of Trustees have considoi-od
said arnenc1ment of the ANNEXATION AGREEMENT and have determined that:
tl,.a: adoption of said .amendment is in the best interests of the
Village of Buffalo Grove.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
-`4 ILLINOIS.
SBMON 1: That a certain SECOND AMEDI MIr OF ANNEXATION AGREkg1T
dated June. 15, 1931 , by and between the Village of
Buffalo Grove and Exchange National Bank of Chicago, as Trustee
under Trust No. 34870 , dated January 10, 1979 ;
and; BERNARD KATZ & CO. , as Developer and as agent for the
beneficiaries of Exchange Trust No. 34870 be and the same
is hereby approved. A true and correct copy of said Second Amendment of
ANNEXATION AGREEMENT, as approved by the Corporate Authorities
of the Village of Buffalo Grove, 'is attached hereto and made
a part hereof as Exhibit "A" .
SECTION 2: The Village 'President and the Village Clerk are
hereby authorized to execute said Agreement on behalf of the
Village of Buffalo Grove.
SECTION 3: This ordinance shall be in full force and effect
from and after its passage and approval in the manner providedTi
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by law. e to:
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5 - Merienthel , Stone,
AYES: 0° Reilly, NAYES: 0 - None ABSENT: 1 Schwartz
Hertstein, �rschefske
PASSED: June 15 , 19 81
APPROVED: June 15 , 19 81
APPROV
^^nilm.
SECOND AMENDMENT OF ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this .. day of
1981, by and between the VILLAGE OF BUFFALO GROVE, ILLINOIS (hereinafter
referred to as "Village"), by and through the President and Board of Trustees of the
Village of Buffalo Grove, (hereinafter collectively referred to as the "Corporate
Authorities"), and EXCHANGE NATIONAL BANK OF CHICAGO, not individually,
but as Trustee under Trust Number 34870, dated January 10, 1979, (hereinafer
referred to as "Owner") and BERNARD KATZ & CO., INC. (hereinafter referred to
as "Developer"), and Buffalo Grove Associates, an Illinois limited partnership,
which is the owner of the beneficial interest in the aforesaid Trust.
WIT NESSETH:
WHEREAS, an Annexation Agreement was entered into on June 2, 1978, and
was amended by Amendment of Annexation Agreement, dated January 22, 1979
(said Annexation Agreement as amended being hereinafter referred to as the
"ANNEXATION AGREEMENT") covering the property legally described as follows:
The North 242.0 feet of the South 275.0 feet of the West 1100.00 feet of the
East 1870.22 feet of the Southeast 1/4 of Section 4, Township 42 North,
Range 11 East of the third principal meridian, also the South 33 feet of the
East 130 feet of the West 1100 feet of the East 1870.22 feet of the Southeast
1/4 of Section 4, Township 42 North, Range I East of the third principal
meridian.
Also the North 50 feet of that part of the Northeast 1/4 of Section 9,
Township 42 North, Range 11 East of the third principal meridian which lies W
West of a line extended Southerly 770.22 feet West of and parallel with the �J
East line of said Section 4, Township 42 North, Range 11 East of the third
principal meridian, and which lies East of a line extended Southerly 900.22
feet West of and parallel with the East line of said Section 4, Township 42
North, Range 11 East of the third principal meridian, in Cook County, Illinois,
in addition that portion of the full width of all adjoining right of ways which
do not currently lie within any municipal corporate boundaries (containing
approximately 6.3588 acres) (hereinafter referred to as the "Subject Prop-
erty"); and
WHEREAS, the Annexation Agreement and the Amendment of Annexation
Agreement were approved by the Corporate Authorities by Ordinance No. 78-45
and Ordinance No. 79-5; and
WHEREAS, the Subject Property was duly annexed to the Village by Ordin-
ance No. 78-46, as amended by Ordinance 79-6, and was zoned by the Village by
Ordinance No. 78-47, as amended by Ordinance 79-7; and
WHEREAS, the Owner has acquired title to the Subject Property and Katz is
the duly authorized agent for the beneficiaries of Owner; and
WHEREAS, Owner and Katz have requested that the terms and conditions of
the ANNEXATION AGREEMENT be further amended, and
WHEREAS, the Corporate Authorities of the Village, after due and careful
consideration, have determined that the further amendment of the ANNEXATION
AGREEMENT in the manner and on the terms and conditions set out herein will be
beneficial to the Village, further the plan and growth of the Village, and will
otherwise enhance and promote the general welfare of the Village, and
WHEREAS, pursuant to the provisions of Section 1'1-15.1-1, et seq. of the
Illinois Municipal Code ( Chapter 24, Illinois Revised Statutes), a proposed Second
Amendment of Annexation Agreement in substance and in form the same as this
Agreement was submitted to the Corporate Authorities and a public hearing was
held thereon pursuant to proper and due notice as provided by statute.
NOW, THEREFORE, in consideration of the foregoing and of the mutual
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covenants and agreements herein contained, it is hereby agreed as follows: N
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1. That paragraph 4 of the ANNEXATION AGREEMENT is hereby amend-
ed to read as follows:
114. Immediately after the passage of the ordinance approving this
Second Amendment of the Annexation Agreement, the Corporate
Authorities shall adopt a proper, valid and binding ordinance zoning and
classifying the Subject Property in the R-9 zoning district, subject to
this Agreement for the construction of three (3) detached buildings,
set forth, all in conformance with the exhibits and conditions of this
Agreem ent."
PLAN DATA
NO. OF NET DEDICATED GROSS
LAND USE DU'S AREA STREETS AREA PERCENT
(ACREAGE)
Multi-family 126 5.68 0 5.68 100.0
TOTAL 126 5.68 0 5.68 100.0
DENSITIES
Project Density 126 5.68 Ac+ = 22.2 DU/AC
PARKINQ
USE QUANTITY RATIO (Spaces to Unit)
MULTI-FAMILY 126 DU'S
- Enclosed 192 1.52
- Guest 72 .57
TOTAL 264 2.09
2. That paragraph 7 of the ANNEXATION AGREEMENT is hereby
amended by inserting the following in the fifth line between the words "property"
and "shall": "(both onsite and offsite water main extensions as shown in Water T,,1
U1
Utilization Report prepared by George Anderson & Associates, Inc. dated W
12/31/80)". ZJ
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3. That paragraph 9 of the ANNEXATION AGREEMENT is hereby T
amended by inserting the words "and storm sewers" in the fifth line between the
words "for" and "sanitary".
4. That paragraph 10 of the ANNEXATION AGREEMENT is hereby
amended as follows:
(a) Exhibit "B", which was the Proposed 102 Unit Condominium
ATES, ARCHITECTS, PLANNERS Commission No. 7838, dated November, 1978,
Revised January, 1979 and 1/12/79 consisting of three (3) sheets, is hereby deleted,
and the Grove Terrace Condominiums, 3 - 42 Unit Condominium Buildings,
Commission 8029, dated February 2, 1981, prepared by RABIN LE NOBLE,
ASSOCIATES, ARCHITECTS, PLANNERS which is attached hereto, and is marked
as Exhibit "B" and consisting of four (4) sheets is substituted therefor, and for all
purposes of this Agreement shall be the "Plan of Development."
(b) Exhibit "C", which was Preliminary Engineering Plans prepared by
George B. Anderson & Associates, Inc. dated March 22, 1978, is hereby deleted, and
the one (1) sheet Preliminary Engineering Plans prepared by George B. Anderson
and Associates, Inc., dated February 17, 1981, and last revised March 18, 1981, and
the Improvement Plans consisting of seven (7) sheets prepared by George B.
Anderson & Associates; Inc., last revised January 25, 1980, and such modifications
thereby reasonably required to accommodate the Plan of Development, which are
attached hereto and are marked as Exhibit "C", are substituted therefor (all of said
Exhibit C being hereinafter referred to as the "Preliminary Engineering Plan").
(c) Exhibit "E", which was the Architect's Rendering is hereby
deleted, and Exhibit "E", being a new Architect's rendering, which is attached
hereto, is substituted therefor.
(d) The Manual of Practice dated January 21, 1980 is substituted for
the Manual of Practice referred to as Exhibit "F".
(e) Exhibits "H" and "I" which are the "Table of Estimated Ultimate W
Population per Dwelling Unit" and the "Contribution to Park District", respec-
tively, are hereby deleted, and no new Exhibits shall be inserted in lieu thereof.
(f) Exhibit "J" which is the "Proposed Declaration of Condominium,"
is hereby deleted, and no new Exhibit shall be inserted in lieu thereof.
(g) A new Exhibit "K", which is the "Subdivision Improvement
Agreement, Form prepared 12/3/80," is added.
5. That paragraphs 12 and 13 of the ANNEXATION AGREEMENT are hereby
deleted and the following is substituted therefor:
"12. Developer agrees to comply with all Village Ordinances and the
standards set forth in the "Village of Buffalo Grove Engineering
Standards", commonly referred to as the "Manual of Practice" (herein
referred to as "Village Standards"), which has been made a part hereof
as Exhibit F, that exist at the time the building permits are issued,
provided however,that any ordinance or change in the Village Standards
hereinafter adopted which, if it applied to the Subject Property, would
materially adversely .af f ect the Developer's proposed Plan of Develop-
ment, Preliminary Engineering Plans and Base Grade Elevations as
contemplated in this Agreement, shall not apply to the Subject Prop-
erty. The Village acknowledges that the Preliminary Engineering Plans
and other data and reports previously submitted by Developer and its
engineer are in substantial compliance with the Manual of Practice, and
the Village further agrees that there shall be no obligation to pay for or
install any arterial street lighting along Dundee Road in connection
with the Plan of Development, except for intersection lighting."
13. Paragraph 13 is intentionally omitted.
6. That paragraph 17 of the ANNEXATION AGREEMENT is hereby
amended to read as follows:
"17. Developer agrees to build a concrete bicycle path/sidewalk as
shown in the Plan of Development from the Western edge of the Subject
Property East to Saint Armond Lane and to complete same in accord-
ance with the provisions of Exhibit "F" on or prior to the first issuance W
of a Certificate of Occupancy by the Village. Said walk shall be eight N
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feet in width along Subject Property and five feet in width thereafter. W
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All work shall be done in accordance with State of Illinois and Village of
Wheeling requirements."
7. That paragraph 18 of the ANNEXATION AGREEMENT is hereby
amended to read as follows:
"18. Developer intends to submit the Subject Property to the provisions
of the Illinois Condominium Property Act pursuant to a condominium
declaration (the "Declaration") which may include add-on provisions
pursuant to the Act. The Declaration shall include easements and
rights of entry by the Village to maintain public improvements and
utilities which the Village has agreed to maintain. Further, the Village
shall have the right to enter the Subject Property to perform mainten-
ance in the event the Subject Property is not being maintained and
constitutes a public nuisance, the cost of which maybe charged to the
condominium unit owners and which may become a lien against the
Subject Property. Prior to recording, the Declaration shall be sub-
mitted to the Village Atorney for his approval, which shall not be
unreasonably withheld."
8. That paragraph 20 of the ANNEXATION AGREEMENT is hereby
amended by deleting the first sentence which reads as follows:
20. "This Agreement will be binding on both parties for a term of five
(5) years from the effective date of zoning reclassification upon
annexation.",
and substituting in its place the following:
20. "This Agreement will be binding on both parties for a term of ten
(10) years from the execution of this Agreement, which date is June 2,
1978:'
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9. That paragraph - 21 of the ANNEXATION AGREEMENT is hereby Ct J
deleted and no new paragraph is substituted therefor. N
10. That paragraph 23 of the ANNEXATION AGREEMENT is hereby
amended to read as follows:
"23. Developer agrees to comply with the provisions of Village
Ordinance No. 79-63, as amended, from time to time, regarding park
donations, according to a schedule under which it will make contrib-
utions of money, in lieu of contributions of land for park sites, by way
of payment of a lump sum to the Buffalo Grove Park District. The
contribution of money to the Buffalo Grove Park District will be made
by way of payment to the Village. The total cash contribution under
this paragraph 23, which is based on said Ordinance as it now exists, and
which amount shall be recomputed based on said Ordinance at the time
of payment, shall be $39,406.29 and shall be paid no later than within
seven (7) days of approval of the final plat of subdivision by the
Corporate Authorities but no later than December 31, 1981."
11. That paragraph 24 of the ANNEXATION AGREEMENT is hereby
amended by adding the following to the end of the paragraph:
"For the additional 24 dwelling units which developer is being permitted
to construct, an additional cash contribution to School District #21 in
the amount of $445.67 and to School District #24 in the amount of
$70.61 shall be paid, and for the total 126 dwelling units a contribution
in the amount of $4,421.69 shall be paid to=the Indian Trails Library
Disrict. Such contributions are based on Village Ordinance 79-63, as
amended from time to time, and shall be recomputed based on said
Ordinance at the time of payment, and shall be paid on a prorata basis
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concurrently with the issuance of a building permit by the Village for
each dwelling unit constructed."
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12. That paragraph 27 of the ANNEXATION AGREEMENT is hereby
amended to read as follows: N
"27. Building permit fees may be increased from time to time, as long
as said permit fees are applied consistently to all other similar
developments in the Village to the extent possible. In the event a
conflict arises between the Developer and Village on any engineering or
technical matter subject to this Agreement after the date hereof, the
Village reserves the right to pass along any and all reasonable additional
expenses incurred by the use of consultants in the review and inspection
of the subdivision. The Village reserves the right to amend its Building
and/or Subdivision Regulations, from time to time. Developer shall
pay any non-discriminatory new or additional fees hereafter charged by
the Village to developers of property within the Village."
13. That paragraph 28 of the ANNEXATION AGREEMENT is hereby
amended by changing the address of the Developer to: 4930 Oakton, Skokie, IL
60077.
14. If any provisions of the ANNEXATION AGREEMENT, as amended by
this Second Amendment, are held invalid, such provisions shall be deemed to be
excised herefrom and the invalidity thereof shall not affect any of the other
provisions contained herein.
15. This Amendment Agreement shall be recorded with the County Re-
corder of Cook County.
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IN WITNESS WHEREOF, the Corporate Authorities, Katz and Owner and
Buffalo Grove Associates have caused this instrument to be executed in their own
proper name or by their respective proper officers duly authorized to execute same
on the day aqd year first above written.
fi
,,1 "T��IST• `'�' - -n THE VILLAGE OF BUFFALO GROVE,
a Municipal Corporation of
the State' llinois
:�J 3 N 1ieraItron.Provision restricting By: ............ .
,any liability of The Exchange National age P tll resident
Bank of Chicago, stamped on the re subject to the exculpatory provisions
verse side hereof, is hereby expressly attached hereto and made a part W
made a part hereof. hereof.
ATTEST: C4
EXCHANGE NATIONAL BANK OF X
CHICAGO, N
a National Banking Association, -
not individually but
Ad
- as Trustee, under the provisions
�` 6ssistt last otfi of a Trust Agreement dated
January 10, 1979
L„ and known as Tr t No. 34 0.
J t
t7,11 By:
Title:
� „ resident
BERNARD KATZ & COMPANY
By
.....
BU;�FALO -' COVE ASSOCIATES,
an Illinois Limited Partnership
W;
By
Genera rt r
NO PLAT
w
p00UMENT o0
HAS BEEN MICROFILMED
SEE JACKET FILE No- 2 5 9 2 3 8 1
BLOCHJL-, IrPtirN(3-H & RAYSA
)k7-CS4N9Y% AT LAW
SUITE 332 1011 LAKE STREET
1931 JUL, 9 PM 2 7 OAK PARK, ILLINOIS 60301
386-7273