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1978-028 ORDINANCE NO. 78- � AN ORDINANCE AMENDING ANNEXATION AGREEMENT DATED April 16, 1973 (Hawthorne) 6�P/7� WHEREAS, the Village Board of Trustees , did by Ordinance No. 73-17 ap- prove an Annexation Agreement dated April 16, 1973 between the Village and Richard W. Glauner and Roberta Ann Glauner, Urban J. Welter, Leroy Harms and La Verne Harms ; and WHEREAS, the aforesaid owners have requested that the terms and condi- tions of the aforesaid Annexation A reement be amended; and WHEREAS, all public hearings required by law to execute the provisions of an amendment of the Annexation Agreement have been held in the manner provided by law; and WHEREAS, the President and Board of Trustees have considered said Amend- ment of Annexation Agreement and have determined that the 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 , ILLINOIS : SECTION 1 : That a certain Amendment of Annexation Agreement dated April 16, 1973 , by and between the Village of Buffalo Grove, Richard W. Glauner and Roberta Ann Glauner, Urban J. Welter, Leroy Harms and La Verne Harms be and the same is hereby approved. A true and correct copy of said Amend- ment 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 au- thorized 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 , AYES : Ke i ster, Stone, NAYS 0 - None ABSENT: 1 - Rech Mendenhall PASSED: April 17, 11978 AMENDMENT OF ANNEXATION AGREEMENT DATED APRIL 16 , 1973 THIS AGREEMENT is made and entered into this 16th day of April, 1978, by and between the VILLAGE OF BUFFALO GROVE, ILLINOIS (sometimes for convenience hereinafter referred to as "Village") , by and through the President and Board of Trustees of the Village of Buffalo Grove, (sometimes for convenience hereinafter collectively referred to as' the "Corporate Authorities") , and Palatine National Bank, as Trustee under Trust Agreement dated February 28 , 1973 , and known as Trust No. 697, Mary Lou Ghannam, Mark H. Beaubien, Jr. , and Jay A. Nollman, Jr. , Richard W. Glauner and Roberta Ann Glauner, Urban J. Welter, Leroy Harms and LaVerne Harms, (sometimes for convenience hereinafter referred to as "Owners") . W I T N E S S E T H : WHEREAS, an Annexation Agreement was entered into by and between the parties hereto on April 161, 1973 , covering the property identified as Parcel 1, Parcel 2 and- Parcel 3 , which legal descriptions are . set forth on Exhibit "A" , which is attached hereto and made a part hereof. For convenience, Parcels 1, 2 and 3 shall be collectively referred to as "Subject Property" , and WHEREAS, said Annexation Agreement was approved by the Corporate Authorities by .Ordinance No. 73-17; and WHEREAS, the Subject Property was duly annexed to the Village by Ordinance No. 73- It and was zoned by the Village by Ordinance No. 73- 1�; and WHEREAS, the Owners have requested that the terms and conditions of the aforesaid Annexation Agreement be amended so as to extend said agreement for a period of five (5) years or until April 16, 1983. WHEREAS, the Corporate Authorities of the Village, after due and careful consideration, have determined that the amendment of the aforesaid Annexation. Agreement in the manner and on the terms and conditions set out herein, will be highly beneficial to the Village , further the plan and growth of the Village, and will otherwise enchance and promote the general welfare of the Village; and WHEREAS, pursuant to the provisions of Section 11-15 .1-1, et. seq. of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, 1971) , a proposed Amendment of Annexation 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 statute, NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements herein contained, IT IS HEREBY AGREED AS FOLLOWS : 1. Paragraph 3 of the said Annexation Agreement dated. April 16, 1973 , is hereby amended so as to provide that the subject property shall be subject to all ordinances of the Village in effect from time to time, in all other respects. 2. Paragraph 5 of the aforesaid Annexation Agreement is hereby amended so as to provide that the Owners agree to comply with the provisions of Village Ordinance No. 77-72 re- garding park and school donations; and further that Owners. shall comply with all ordinances relating to utility fees as amended from time to time. 3. Paragraph 6 of the aforesaid Annexation Agreement is hereby amended so as to provide that Owners shall comply with all Village Ordinances . in effect from time to time , including, but not by way of limitation, all ordinances establishing a fee or charge. 5. The parties acknowledge and agree that the individuals who are members of the group constituting the Corporate Authorities are entering into this Agreement in their official capacities as members of such group and shall have no personal liability in their individual capacities throughout the terms of this Agreement. 6 . Owners shall cause the standards set forth in the "Village of Buffalo Grove Engineering Standards" commonly referred to as the "Manual of Practice" to be fully complied with in the development of the Property. 7. This Agreement and the aforesaid Annexation Agree- ment will be binding on all parties for a term of five (5) years from April 16 , 1978 . 8 . Except as modified by the within and foregoing agreements, the aforesaid Annexation Agreement of April 16 , 1973, shall otherwise remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. VILLAGE gr BUFFALO GROV By. 6aoJI 1�7 ATT y Vil age Presi ent O� Village Clerk PALATINE NATIONAL BANK, as Trustee under Trust Agreement dated February 28 , 1973, and known as Trust No. 697 By: ATTEST: Mary Zou Ghannam Glauner Benefi iary Trust #694��_Ki-chai�d .