1978-058 ORDINANCE NO. 78-
AN ORDINANCE APPROVING ANNEXATION 1.940921
AGREEMENT AND DIRECTING EXECUTION
THEREOF BY THE PRESIDENT AND CLERK
OF THE VILLAGE OF BUFFALO GROVE
(Candlewood Creek)
WHEREAS, there has heretofore been submitted to the corporate
authorities of the Village of Buffalo Grove a petition to annex
the property legally described as follows :
That part of the West Half of Section 34, Township 43 North, Range 11
East of the Third Principal Meridian described as follows: Beginning
at the point of intersection of the South line of the Northwest Quarter
of Section 34 and the East line of Horatio Gardens Subdivision ; thence
North 01 degrees 17 minutes 00 seconds East along said East line of Horatio
Gardens Subdivision a distance of 737.63 feet to a point on the Southerly
line of Horatio Gardens Subdivision ; thence Easterly along said Southerly
line of Horatio Gardens Subdivision a distance of 313. 15 feet to the Southeast
corner of Lot 12 in said Horatio Gardens Subdivision; thence North 01 degrees
17 minutes 00 seconds East a distance of 181 .57 feet; thence South 88
deqrees 43 minutes 00 seconds East a distance of 185.00 feet; to a point on
the East R.O.W. line of Carmin Ave. ; thence South 01 degrees 17 minutes
00 seconds I-lest along the east R.O.W. line of Carmin Ave. a distance of 181 .57'
to a point on the South line of Horatio Gardens Subdivision ; thence Easterly
along said Southerly line of Horatio Gardens Subdivision a distance of 9.83
feet to the Westerly line of Commonwealth Edison Right of Way; thence
Southerly along said Westerly line of Commonwealth Edison R.O.W. a distance
of 833.96 feet; thence due West a distance of 773.36 feet; thence North 01
degrees 17 minutes 00 seconds East a distance of 66.78 feet to the point
of beginning, in Lake County, Illinois.
WHEREAS , there has also been" submitted to the corporate authorities
of the Village of Buffalo Grove an Annexation Agreement pursuant to
statute; and
WHEREAS , proper and due notices of public hearings for zoning on
said Annexation Agreement 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 ;
-2-
SECTION 1. The Annexation Agreement , a copy of which is attached
hereto and made a part hereof as Exhibit "A" is approved.
SECTION2. The President and Clerk of this Village 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 provided by law.
5-Bogart, Marienthal , Stone,
AYES : Mendenhal 1 , Kandel NAYES : 1 - Rech . ABSENT: 0 - None
PASSED and APPROVED: August 7, , 1978.
APPROVED:
VILLAGE PRESIDENT
XP
I4TAGE CLERK
��Y' 1940024
e
ANNEXATION AGREEMENT
This Agreement, made and entered into this ,,;;b day of
August, 1978 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") ;
OAK PARK TRUST AND SAVINGS BANK, as Trustee under a Trust Agreement
dated September 15, 1972 and known as Trust No. 6686 whose benefi-
ciary is MAT Milwaukee Avenue Project, a General Partnership,
the Partners of which are Charles F. DeBruler, Robert B.
Lipschultz as Trustee of the B.A. Investment Company, Michael
B. Susman, Jerome D. Spitzer and David H. Addis; The Chicago
Title and Trust Company, Trustee under Trust Agreement dated
January 29, 1973 and known as its Trust No. 61475, whose bene-
ficiaries are Quinn G. Hogan and Richard Janko (hereinafter
collectively referred to as the "Owners") ; and Fairfield Builders
D/B/A Quality Group Homebuilders, Inc. (hereinafter referred to
as "Developer") .
W I T N E S E T H:
WHEREAS, the Developer has contracted to purchase from
Owners the real estate comprised of approximately 12 acres,
the descriptions of which are set forth on the Plat of
Annexation, marked Exhibit A and Exhibit A-1 and wh- h are
attached hereto and made a part hereof (which real estate,
for convenience, may hereafter be referred to in its entirety
as the "Subject Property") , and which real estate is contig-
uous to the corporate limits of the Village of Buffalo
Grove; and
WHEREAS, The Chicago Title and Trust Company, Trustee
under Trust Agreement dated January 29 , 1973 and known as its
Trust No. 61475 has succeeded to the titles of Quinn G. Hogan
the Ravenswood Bank as Trustee of its Trust No. 1209 and
The Ravenswood Bank as Trustee of its Trust No. 2041, and
as such successor adopts and ratifies all of the acts of its
predecessors related to the matters which with this instru-
ment is concerned; and
WHEREAS, the Developer desires and proposes, as and
pursuant to the provisions and regulations applicable to the
R-5 District of the Village Zoning Ordinance, to develop the
Subject Property in accordance with and pursuant to a certain
general development plan prepared by Ciorba, Spies and
Gustafson dated June 19, 1978 (hereinafter referred to as the
."Tentative Plat of Subdivision" , a copy of which marked Exhibit B,
is attached hereto and made a part hereof; and subject to the
ordinances, . codes and regulations of the Village, as such ordin-
ances, codes and regulations may be modified pursuant to this
Agreement; and
WHEREAS, pursuant to the provisions of Section 11-15 . 1-
1 et sect. of the Illinois Municipal Code (Chapter 24, Illinois
Revised Statutes, 1975) , a proposed 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 notice as provided by statutes; and
WHEREAS, pursuant to due notice and advertisement in
the manner provided by law, the Plan Commission of the
Village has had such public hearings prescribed by law with
respect to the requested zoning classification of R-5, in
effect as of the date hereof, for the Subject Property, and
recommendations made by said Commission were submitted to
the Corporate Authorities;
NOW, THEREFORE, in consideration of the premises and
miitiial mmn nAntc Anr3 Arrraamoni-c hinr,�inaftar zsn - forth _ +-hA
AUTHORITY
1. 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,
1975) . The Developer has filed with the Village Clerk of
the Village proper petitions, pursuant to and in accordance
with the provisions of Section 7-1-8 of the Illinois Municipal
Code (Illinois Revised Statutes, Chapter 24, Section 7-1-8)
conditioned on the execution of this Agreement, with the
terms and provisions contained herein, to annex the Subject
Property to the Village of Buffalo Grove. It is understood
and agreed that this Agreement, in its entirety, together
with the aforesaid petitions for annexation, shall be null,
void and of no force and effect unless the Subject Property
is validly annexed to the Village and is validly zoned and
classified under the Village' s Zoning Ordinance as zoning
classification R-5, in effect as of the date hereof, all as
contemplated in this instrument.
ANNEXATION
2. The Corporate Authorities, within seventy-five
(75) days of the approval of this Agreement, will enact a
valid and binding ordinance annexing the Subject Property to
the Village.
ZONING
3. Immediately after the passage of the ordinance
annexing the Subject Property, as provided in Paragraph 2
hereof, the Corporate Authorities shall adopt proper valid
and binding ordinance or ordinances, (i) zoning and classi-
fying the Subject Property in the R-5 zoning district, in
effect as of the date hereof, for the construction of single-
family dwelling houses, and (ii) such other ordinances as
PRELIMINARY AND FINAL PLATS OF SUBDIVISION
4 . The Corporate Authorities agree to approve a Pre-
liminary Plat of Subdivision and the final plat of subdivision
thereof, and issue building permits based upon the final versions
of the plans and drawings of those matters within the Tentative
Plat of Subdivision (Exhibit B) upon submission by the Developer,
provided that such final documents :
A. Conform to the Tentative Plat of
Subdivision; .and
B. Conform to the terms of this Agreement.
and all applicable Village ordinances, rules and
regulations in effect from time to time, except as
modified pursuant to this Agreement.
CHANGE IN TENTATIVE PLAT OF SUBDIVISION (PLAN OF DEVELOPMENT)
5. If the Developer desires to make changes in the Tenta-
tive Plat of Subdivision as herein approved, the parties agree
that changes in the Tentative Plat of Subdivision will require
the submission of amended plats or plans, together with proper
supporting documentation, to the Plan Commission and the Corpor-
ate Authorities to consider changes in this Agreement which would
allow the desired changes to the Tentative Plat of Subdivision.
The Corporate Authorities may, at their sole discretion, require
additional public hearings, and may review the commitments of
record contained in this document, including, but not limited to,
fees, prior to final consideration of any major change in
the Plat of Subdivision.
WATER CONNECTION
6 . The Developer agrees to tap on to the Village
water system and pay to the Corporate Authorities fees for
such tap-ons in accordance with the applicable Village Ordinances
at the time of issuance of the water and sewer permits.
Water mains serving the property shall be installed by
Developer, and except for service connections to the buildings,
shall, upon installation and acceptance by the Village through
formal acceptance action by the Board of Trustees, be dedicated
to the Village and become part of the Village water main system
and be maintained by the Village.
EXHIBITS
7. The following exhibits, which were presented in
testimony given by the Developer during the hearings held
prior to the execution of this Agreement, are hereby made a
part hereof. Said exhibits shall be kept on file by the
Village Clerk and will be available for inspection by the
parties hereto:
A. Plat of Annexation;
B. Tentative Plat of Subdivision. (Plan of Development)
C. Petition for Annexation;
C-1 Petition for Annexation;
D. Table of Estimated Ultimate Population Per
Dwelling Unit;
E. Manual of Practice and Administrative Order #2;
OTHER AGENCIES
8 . The Corporate Authorities agree to cooperate with
the Developer and to use their best efforts to aid Developer
in obtaining such permits from governmental agencies having
jurisdiction as may be necessary to authorize connections
from the proposed development to the Lake County Department
of Public Works, and to Vernon Township, as appropriate.
SEWER
9 . The Developer shall construct on-site sanitary
sewers, storm sewers and storm water retention facilities as
lation and acceptance by the Village through formal acceptance
action by the Board of Trustees, the Corporate Authorities
agrees to operate and maintain such systems, except for
sanitary sewer service connections. The Developer agrees to
pay the Lake County Connection fee of $300. 00 per dwelling
unit and accept any increases in water and sewer rates and
tap-on fees, provided that such fees and rates are applied
consistently to all.
RECAPTURE
10. It is further understood and agreed that a portion
of the system of sanitary sewers, storm sewers and drainage
systems and water mains to be constructed and installed by
the Developer to serve the proposed Development on the
Subject Property may be required to be so located and/or
oversized as to benefit neighboring property, not owned by
the Developer, by making sanitary sewer, storm sewers and
drainage systems and water service available thereto. This
includes any mains constructed on the site or off the site .
In such event, the Corporate Authorities agree to adopt an
ordinance and take such other action as may be necessary to
permit the Developer to recapture that portion of the costs
of the construction and installation of such sewers, storm
sewers and drainage systems and water system, and legally
permitted interest (plus a collection fee payable to the
Village) , in a proportionate amount from such neighboring
property owners as may be so benefited. Said benefit to be
determined by the Village. Both parties agree to use their
best efforts and to cooperate reasonably in order to achieve
a practical and economically feasible route to the offsite
utilities connection to the existing Village systems. The
Village agrees to cooperate with the Developer, or its succes-
mitting, collecting and remitting fees, executing and re-
cording appropriate recapture documents, using its criminal
and civil enforcement authority, and any other lawful means
available to it. It is understood and agreed that the 12
watermain to be extended from the eastern most point of the
Village of Buffalo Grove water system through the subject
development constitutes an integral part of the transmission
grid and is not subject to recapture.
ANNEXATION FEE
11. Developer agrees to pay to the Village an annexation
fee in an amount equal to $100. 00 per dwelling unit, payable
at the time the building permit for each respective building
in the Development is issued.
SCHOOL AND PARK CASH CONTRIBUTION
12. Developer agrees to comply with the provisions of
Village Ordinance No. 77-72 (school and park donation) through
cash contributions as outlined in Paragraph 28 of this Agreement.
ORDINANCE COMPLIANCE
13. Developer agrees to comply with all ordinances of
the Village of Buffalo Grove as amended from time to time.
MANUAL OF PRACTICE
14 . The Developer shall comply with the standards set
forth in the "Village of Buffalo Grove Engineering Standards" ,
in effect on the date hereof for the project.
PUBLIC STREETS
15. The Developer agrees that all streets are to be
constructed in accordance with Village Standards , as noted
in Paragraph 14. The public streets, upon their completion
and acceptance by the Village, in accordance with Village
Standards, are to be dedicated and accepted by the Village
through formal acceptance action by the Board of Trustees .
APPEARANCE CONTROL
16. Developer will submit building and landscaping plans,
which landscaping plans shall conform to the requirements of
present Village ordinances, for approval by the Appearance
Commission (and the Village Board) before commencing construction
of buildings, as required under Village Ordinance No. 72-12 and
amendments thereto. It is further agreed that the Developer must
submit for examination and approval a master building plan for each
different model single-family building to be constructed
upon the Subject Property.
LOT DRAINAGE
17 . Developer shall fully comply with any reasonable request
of the Village engineer related to placement of houses on lots,
to preserve drainage standards. The Developer shall be respons-
ible for installing any additional storm sewers and inlets required
to eleiminate standing water or conditions of excessive sogginess
which may, in the opinion of the Village Engineer, be detrimental
to the growth or maintenance of lawn grasses.
LIBRARY DISTRICT ANNEXATION
18 . Developer agrees, at the request of the Vernon Township
Library District, to annex any part or all of the Subject Property
to said Library District.
PARK DISTRICT ANNEXATION
19 . 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.
FEES
20 . The parties agree that present fees may be increased
provided that any such increase is a general increase applied
consistently to all. However, as to the Subject Property,
R„i 1 ri nn Ucrmi +- 'FPCC' c}'hAi i nnt. hp- l n('YP_AfiP_d more than 10% In
over the term of this Agreement of 50% over the current fee
applicable to the Subject Property.
CONSULTING ENGINEER
21. In the event a conflict arises between Owner and
Village on any engineering or technical matter, the Village of
Buffalo Grove reserves the right to pass along any and all addi-
tional expenses incurred by the use of consultants in the review
and inspection of the subdivision.
PERFORMANCE GUARNATEES
22. In lieu of any bonds or deposits required for public
improvements under a subdivision ordinance of the Village, the
Owner or Developer may furnish to the Village an irrevocable
Letter of Credit issued by a sound and reputable banking or
financial institution authorized to do business in the State of
Illinois, or other security acceptable to the Village, in an
amount equal to the amount of bonds or deposits required by said
subdivision ordinance. Said irrevocable Letter of Credit or other
security shall be limited to the amounts required for public
improvements (including sanitary sewers , storm sewers, water mains ,
storm water retention facilities, streets, curbs, sidewalks park-
ways, parkway improvements, parkway trees, detention and Lots 14
and 26 , street lights and bonded public improvements) , in those
areas of the Subject Property which have received final subdivi-
sion approval by the Village. The Letters of Credit or other
security shall be in effect for the time required by bonds or deposits
under the subdivision control ordinance. It is agreed that any
bonds, deposits, Letters of Credit or other security which may be
reduced in amount from time to time as the public improvements
assumed by such security are completed. All performance guarantees
�L_--p _,knii hA ;n accordance with Villages Admini-
COOPERATION
23_ It is agreed by the parties hereto that time is of
the essence of this Agreement, and that all parties will
make every reasonable effort to expedite the subject matters
hereof. It is further understood and agreed by the parties
that the successful consummation of this Agreement and . the
development of the Subject Property in a manner in the best
interests of all parties requires their continued cooperation;
and the Developer does -hereby evidence its intention to
fully comply with all Village requirements, its willingness
to discuss any matters of mutual interest that may arise,
and its willingness to assist the Village to the fullest
extent possible, provided the extent of the Developer' s
financial obligation is fully set forth herein. The Corporate
Authorities do hereby evidence their intent for continued
cooperation in the resolution of mutual problems and their
willingness to facilitate the development of the Subject
Property as contemplated by the provisions hereof.
SEPARABILITY
24. It is understood and agreed by the parties to this
Agreement that the several provisions of this Agreement are
separable, and that if any Court of competent jurisdiction
shall adjudge any provision of this Agreement to be invalid
or unenforceable, then such judgment shall not affect any
other provision of this Agreement.
TERM OF AGREEMENT
25. This Agreement will be binding on both parties for
a term of five (5) years from the later of the date of its exe—
cution or the effective date of annexation or the effective date
of zoning reclassification.
RF.VF.RTF.R
not yet developed may be reclassified to the R-1 zoning
classification and may be disconnected from the Village if
the Village Board of Trustees so desires. In such event,
this paragraph shall be considered to be the petition of the
Owner for such disconnection. Public hearings heretofore
held shall fulfill requirements for any necessary public hearings
for reclassification. This Agreement shall act as the peti-
tion for such rezoning.
SUCCESSORS AND ASSIGNS
27. This Agreement shall be binding upon the parties
hereto, their respective successors and assigns.
PARK AND SCHOOL CASH CONTRIBUTION SCHEDULES
28. Developer agrees that it will make contributions
of money, in lieu of contributions of land, for school and
park sites. Such contributions shall be by way of a payment
to the Village of Buffalo Grove, to be made concurrently
with the issuance of a Building Permit by the Village for
each dwelling constructed. The school and park contribution .
amounts are based upon the estimated number of children and
adults produced per dwelling unit as estimated on the TABLE
OF ESTIMATED ULTIMATE POPULATION PER DWELLING UNIT, as published
from time to time by the Illinois School consulting Service.
The most recent such Table was published on January 15, 1977,
a copy of which is attached hereto as Exhibit D. Pursuant to
such Table, until modified, the amount to be contributed is
as follows:
A. For school district 102 , for each dwelling
unit containing three or fewer bedrooms,
the amount of $301.67 and for each dwelling
unit containing four or more bedrooms, the
amount of $371. 66 . There is estimated a
B. For school district 125, for each dwelling
unit containing three or fewer bedrooms,
the amount of $130. 43 and for each dwelling
unit containing four or more bedrooms, the
amount of $182 . 61 . There is estimated a
total contribution of about $8,113 . 04 .
C. For park district, for each dwelling unit
containing four or fewer bedrooms, the
amount of $443.60 . There is estimated a
total contribution of about $20 , 850 .00.
BEDROOM COMPUTATION
29. Developer agrees that all of t dwelling houses
to be constructed shall contain o fewer bedrooms. It
is understood and agreed that a family room which does not
contain a closet and whose opening is not equipped with
doors is not a bedroom for purposes of bedroom count.
LOTS 14, 26 AND OUT LOT A
30. Lots 14 and 26, and Out Lot A, as shown on Exhibit B,
shall be included in the Plat of Subdivision as lots of record.
However, Out Lot A shall ro+- , for any other purpose, be considered
part of this development. Lots 14 and 26 shall be improved and
deeded to the Villa^e in accordance with the contribution regula-
tions of Ordinance No. 77-72. Improvements shall include those
provided for in the Sub-Division Regulations Regulations Ordinance
and fine grading and seeding as specified by the Village Engineer.
in addition, the 15 ' right of way shown as part of Lot 26 shall be
so completed and, in addition, shall have an 8 ' wide hard surface
drive to provide access to the detention area. Conveyance shall
be Trustees deed and plat of survey. All real estate taxes shall
be paid to date of conveyance. Roll back taxes shall be paid
cvhAn ring _
shall include the improvement of Pauline Avenue from the east
line thereof as shown on Exhibit "B" to the east line of the
Northwood Grove Subdivision as depected on the Preliminary Plan
thereof which has heretofore been filed with the Village Authorities.
`4
In the event development of the Candlewood East Division is carried
out in stages, the construction of Pauline Avenue, off-site and
on-site, shall Qcqur in he f ' st phase of develo mq�n�tW.
fLA-f4
PAULINE AVENkJE OFF-SITE EDICATION
33. The southerly portion of Pauline Avenue, both that part
thereof portrayed on Exhibit "B" as "to be dedicated by others"
and the off-site part thereof, is the property of other landowners.
Owners and Developers agree to cooperate wi-Fh Village in every
reasonable way in its efforts to induce the adjoining landowners
to dedicate the necessary portions of Pauline Avenue in order to
accomplish a continuous 66 ' right of way from the eastern line
of the proposed Northwood Grove Subdivision to the eastern term-
inous of Pauline Avenue as shown on Exhibit "B" . Included in
such cooperation the Developer agrees to construct a 35 ' back to
back street in conformance with the Subdivision Regulations and
Manual of Practice of the Village of Buffalo Grove, all as part
of the first phase of subdivision improvements, to convey Out
Lot A to the adjoining Owner without consideration, and to cause
the preparation, without cost to the adjoining landowner, of the
necessary Plats of Dedication. In the event such dedication has
not been accomplished by the time subdivision improvement work
commences, Deevverl_gpe ag�,e�es to deposi with the Village the amount
estimated,� s theyy colt of improving ch undedicated part of
Pauline Avenue, or bonds or Letters of Credit in such amount, to
be retained by the Village for the sole purpose for the payment
of such improvements to be accomplished in the future. If such
funds have not been expended within five (5) years from the date
NOTICE
34 . Any notice required pursuant to the provisions of this
Agreement shall be in writing and shall be deemed properly sent
if sent by United States certified mail, return receipt requested,
postage paid, to the following addresses and addressees ' (until
notice of change of address or addressee is given) , and shall be
deemed received on the second business day following deposit in
the United States mail:
If to Developer: FAIRFILED BUILDERS, INC.
2507 Ceila Avenue
Prairie view, Illinois 60069
ATTENTION: Mr. Quinn G. Hogan
with a copy to
David H. Addis
SPITZER, ADDIS, SUSMAN & ROSKIN
179 West Washingston Street
Suite 1100
Chicago, Illinois 60602
If to Village: Village Clerk
VILLAGE OF BUFFALO GROVE
50 Raupp Boulevard
Buffalo Grove, Illinois 60090
CORPORATE CAPACITIES
35. The parties acknowledge and agree that the individuals
who are members of the group constituting the Corporate Authorities
and the officers, agents, shareholders and representatives of
Developer are entering into this Agreement in their official
capacities as members of such group and shall have no personal
liability in their individual capacities.
002 4-
IN WITNESS WHEREOF, the Corporate Authorities, Owners
and Developer have caused this instrument to be executed by
their respective proper officers duly authorized to execute
" the "taame on the day and year first written above.
OAK PARK TRUST AND SAVINGS BANK
as Trustee under Trust Agreement
dated September 15 , 1972 and
� A
El � � know as Trust No. 6686 .
Jaas w i, i ,,° r
„t m tPx9 � ry.. q
By:
retar President Sw
MAT MILWAUKEE AVENUE PROJECT
V By: �t� By:
RO ERT . LIYPSCH Z ID H. A DIS
a Trustee of th
'iv NVESTMENT COMPANY By:
V CHARLES A. DeBRULER
By: .
MT HAEL B. SUSMAN
By. �
JE O„ D. SPIT R
``",
� Y4a' f CHICAGO TITLE & TRUST COMPANY,
°^ `° as Trustee under Trust Agreement
AK,
dated January 29, 1973 and
; ` T, ST: � known as Trust No. 61475
a �
B g /
„ etar
. � �., , President
'`- UINN G. HOGAN RICHARD JMNKO
FAIRFIELD BUILDERS, d/b/a
Quality Homebuilders, Inc. ,
"ry an Illinois corporation
o <
By
Sec
e s i de P nt
'^cT ,tG�a'YAf �JM�� f kl9IPf 1� Y
VILLAGE OF BUFFALO GROVE
ATTEST F^ BY' f
�� Village President