1993-038 5/13/93
ORDINANCE NO. 93- 38
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT
Indian Creek Subdivision (Prairie Road/Port Clinton Road)
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue
of the Illinois Constitution of 1970; and,
WHEREAS, there has heretofore been submitted to the Corporate
Authorities of the Village of Buffalo Grove a petition to annex the property
legally described in Exhibit A hereto; and,
WHEREAS, there has been submitted to the Corporate Authorities of the
Village of Buffalo Grove an Annexation Agreement; and,
WHEREAS, proper and due notice of the public hearing on said
Annexation Agreement and Zoning has been given and a public hearing was
held; and,
WHEREAS, it is determined to be in the best interest of the Village of
Buffalo Grove to approve said Annexation Agreement.
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 Annexation Agreement, a copy of which is attached
hereto and made a part hereof as Exhibit A is approved.
Section 2. The President and Clerk of the Village are hereby
authorized to execute said Agreement on behalf of the Village of Buffalo
G rove.
Section 3. This Ordinance shall be in full force and effect from and
after its passage and approval. This Ordinance shall not be codified.
AYES: 5 - Kahn, Rubin Braiman Hendricks, President Mathias_
NAYES: 2 - Marienthal Reid
ABSENT: 0 - None
PASSED: M 17 1993 APPROVED: May 17. 1993
ATTEST.,.,.,;.. APPRO ED:
u
t IDNE Village President
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5/13/93
INDIAN CREEK
Edward Schwartz & Company
Port Clinton Road/Prairie Road
Annexation Agreement
TABLE OF CONTENTS
1 . Applicable Law.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . .2
2. Agreement: Compliance and Validity. . . . .. .. . . . . . . . . . .. . . . . . . . . . . .. ..2
3. Enactment of Annexation Ordinance. . . . . . . .. .. . . . . . . . . . . . . . . . . . .. . . . .2
4. Enactment ofloning Ordinance. . . . . .. . . . . . . ... . .. . . . . . . . . . . . . . . . . ...3
5. Approval of Plans. . . . . . . .. .. . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . .. .3
6. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . .. . . . . . . . . .. ..3
7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . .. . .. . . . . . . . . . . . . . .3
8. Buildi Permit Fees. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .4
9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . .. . . . . . . . . . . .. .
10 Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .5
11 . Drainage Provisions. . . . . . .. . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . .. . .5
12. Paympt of Recapture Fees Owed. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .5
13. Security for Public and Private Site Irrprovements. . . . . . . . . . . . . . . . . .6
14. Right of Way Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
15. Exhibits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . .6
16. Annexation Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . .7
17. Bu ndscapi2q, and Aesthetics Plans. . . . . . . . . . . . . . . . . .. . . . . .7
18. Fencing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .7
19. Project Models. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
20. Park District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
21 . School District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
22. Annexation to the Buffalo Grove Park District. . . . . . . . . . . . . . . . . . . . . .8
23. Facilitation of Development. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .8
24. Enforceabi I i tyof the reerrent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .9
25. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
26. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .9
27. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
28. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
29. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
30. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
31 . Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
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INDIAN CREEK SUBDIVISION
Prairie Road/Port Clinton Road
Annexation Agreement
Location Map
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Subject Property
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5/13/93
INDIAN CREEK
EDWARD SCHWARTZ E COMPANY
PORT CLINTON ROAD/PRAIRIE ROAD
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and
entered into this 17th day of May, 1993, 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") and Thad A. Sislow and Marie C. Sislow
(hereinafter referred to as "Owner") and Edward Schwartz and Company, an
Illinois Corporation (hereinafter referred to as "Developer").
WITNESSETH:
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of
the provisions of the Constitution of the State of Illinois of 1970; and,
WHEREAS, Owner is the owner of a certain tract of property (hereinafter
referred to as the "Property") comprising 19.064 acres, including Parcel 1 and
Parcel 2, legally described and identified in the Legal Description, which is
attached hereto as EXHIBIT A, which exhibit is made a part hereof and which
real estate is contiguous to the corporate limits of the Village; and,
WHEREAS, a Plat of Annexation, including certain street right-of-way adja-
cent to the Property, is attached hereto as EXHIBIT B, which depicts a total
area of 19.36 acres to be annexed; and,
WHEREAS, Developer desires and proposes pursuant to the provisions and
regulations applicable to the R-4 One Family Dwelling District of the Village
Zoning Ordinance to develop Parcel 1 of the Property in accordance with and
pursuant to a certain Preliminary Plan prepared by Jen Land Design, Inc. and
dated as last revised February 16, 1993, and also Preliminary Engineering Plan
prepared by Manhard Consulting, Ltd. , and dated as last revised April 28,
1993, (hereinafter jointly referred to as "Preliminary Plan") a copy of which
Preliminary Plan is attached hereto as EXHIBITS D, E, E-1 and E-2 and
incorporated herein, and subject to all other exhibits attached hereto or
incorporated by reference herein. Said development of Property shall consist of
34 lots for single-family detached homes.
WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et. seq. , of
the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1992) and as
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the same may have been modified by the Village's Home Rule Powers, a proposed
Annexation Agreement was submitted to the Corporate Authorities and a public
hearing was held thereon pursuant to notice as provided by Statute; and,
WHEREAS, pursuant to due notice and advertisement, the Plan Commission
of the Village has held a public hearing and made their recommendations with
respect to the requested zoning classification of the R-E and R-4 Districts; and,
WHEREAS, the President and Board of Trustees after due and careful con-
sideration have concluded that the annexation of the Property to the Village and
its zoning and development on the terms and conditions herein set forth would
further enable the Village to control the development of the area and would
serve the best interests of the Village.
NOW, THEREFORE, in consideration of the premises, mutual covenants and
agreements herein set forth, the parties hereto agree as follows:
1 . Applicable Law. This Agreement is made pursuant to and in
accordance with the provisions of Section 5/11-15 1-1 et. seq.,- of the Illinois
Municipal Code (Chapter 65, Illinois Compiled Statutes 1992) and as the same may
have been modified by the Village's Home Rule powers. The preceding whereas
clauses are hereby made a part of this Agreement.
2. A reement: Compliance and Validity. The Owner has filed with the
Village Clerk of the Village a proper petition pursuant to and in accordance with
provisions of Section 5/7-1-8 of the Illinois Municipal Code (Chapter 65, Illinois
Compiled Statutes 1992) and as the same may have been modified by the Village's
Home Rule powers, conditioned on the execution of this Agreement and the
compliance with the terms and provisions contained herein, to annex the
Property to the Village. It is understood and agreed that this Agreement in its
entirety, together with the aforesaid petition for annexation, shall be null, void
and of no force and effect unless the Property is validly annexed to the Village
and is validly zoned and classified in the R-E District (Parcel 2) and the R-4
District (Parcel 1 ) , all as contemplated in this Agreement.
3. Enactment of Annexation Ordinance. The Corporate Authorities within
twenty-one (21 ) days of the execution of this Agreement by the Village will
enact a valid and binding ordinance (hereinafter referred to as the "Annexation
Ordinance") annexing the Property to the Village. Said Annexation Ordinance
shall be recorded with the Lake County Recorder's Office along with the Plat of
Annexation (attached hereto as EXHIBIT B) . Recording shall take place no more
than thirty (30) days after enactment of Annexation Ordinance.
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4. Enactment of Zonin2 Ordinance. Within twenty-one (21 ) days after the
passage of the Annexation Ordinance, the Corporate Authorities shall adopt a
proper, valid and binding ordinance, zoning Parcel 2 of the Property in the R-E
District and Parcel 1 in the R-4 District subject to the restrictions further
contained herein and all applicable ordinances of the Village of Buffalo Grove as
amended from time to time. Said zoning shall be further conditioned on the
development of the Property in accordance with the Preliminary Plan (EXHIBITS
D, E, E-1 and E-2) and other exhibits attached hereto or incorporated by
reference herein.
5. Approval of Plans. The Corporate Authorities hereby approve the
Preliminary Plan (EXHIBITS D, E, E-1 and E-2) pursuant to the provisions of
the Development Ordinance. The Corporate Authorities agree to approve a
Development Plan (including plats of subdivision) based on final versions of the
plans and drawings of the development of the Property as submitted by the
Owner or Developer provided that the Development Plan shall:
(a) conform to the approved Preliminary Plan, and
(b) conform to the terms of this Agreement and all applicable Village
Ordinances as amended from time to time; and
(c) conform to the approved Development Improvement Agreement as
amended from time to time.
Phasing of the development of the Property, if any, shall be in accordance
with applicable Village ordinances.
6. Compliance with Applicable Ordinances. The Owner and Developer
agree to comply with all ordinances of the Village of Buffalo Grove as amended
from time to time in the development of the Property, provided that all new ordi-
nances, amendments, rules and regulations relating to zoning, building and
subdivision of land adopted after the date of this Agreement shall not be arbi-
trarily or discriminatorily applied to the Property but shall be equally applicable
to all property similarly zoned and situated to the extent possible. Owner and
Developer, in the development of the Property, shall comply with the standards
set forth in the Village of Buffalo Grove Development Ordinance as amended from
time to time. Notwithstanding the foregoing, the Village shall not apply new
ordinances or regulations to the Property to the extent that said ordinances
would prevent development of the Preliminary Plan approved herein.
7. Amendment of Plan. If the Owner or Developer desire to make
changes in the Preliminary Plan, as herein approved, the parties agree that such
changes in the Preliminary Plan will require, if the Village so determines, the
3 3385999
submission of amended plats or plans, together with proper supporting
documentation, to the Plan Commission and/or the Corporate Authorities to
consider such changes to the Preliminary Plan. The Corporate Authorities may,
at their sole discretion, require additional public hearings and may review the
commitments of record contained in this Agreement, including, but not limited to
fees, prior to final consideration of any change in the Preliminary Plan. The
Village Manager is hereby authorized to approve such minor changes as he deems
appropriate, provided that no such changes--(a) involves a reduction of the area
set aside for common open space; nor (b) increases by more than two percent
(2%) the total ground area covered by buildings.
8. Building Permit Fees. The building permit fees may be increased from
time to time so long as said permit fees are applied consistently to all other
developments in the Village to the extent possible. In the event a conflict arises
between the Owner or Developer and the Village on any engineering and
technical matters subject to this Agreement, the Village reserves the -right—to
pass along any and all additional expenses incurred by the use of consultants in
the review and inspection of the development from time to time. Owner or De-
veloper shall pay any non-discriminatory new or additional fees hereinafter
charged by the Village to' Owner or Developer or property within the Village.
9. Water Provision. The Developer shall be permitted and agrees to tap
on to the Village water system at points recommended by the Village Engineer
which points to the extent shown on EXHIBIT E-1 are hereby approved by the
Village. It is understood, however, that changes to the Preliminary Engineering
Plan may be required at the time of Final Engineering. The Developer further
agrees to pay to the Village such fees in accordance with the applicable Village
Ordinances at the time of the issuance of the water and sewer permits. The
Developer agrees to accept any increase in water rates and tap on fees provided
such rates and fees apply consistently to all other similar users in the Village to
the extent possible. Following such tap on, the Village agrees to provide to the
best of its ability and in a non-discriminatory manner water service to all users
on the Property in accordance with the Preliminary Plan. Watermains serving
the Property and those approved as part of the development shall be installed by
the Developer and, except for service connections to the buildings shall, upon
installation and acceptance by the Village through formal acceptance action by
the Corporate Authorities, be dedicated to the Village and become a part of the
Village water system maintained by the Village.
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10. Storm and Sanitary Sewer Provisions.
A. The Corporate Authorities agree to cooperate with the Developer and
to use their best efforts to aid Developer in obtaining such permits from govern-
mental agencies having jurisdiction as may be necessary to authorize connection
from the proposed development to the Lake County Public Works Department for
the collection of sewage and to the Lake County Division of Transportation as
may be appropriate. The Developer shall construct on-site and off-site sanitary
sewers as may be necessary to service the Property, as per EXHIBIT E-1 and
E-2. It is understood, however, that changes to the Preliminary Engineering
Plan may be required at the time of Final Engineering, Upon installation and
acceptance by the Village through formal acceptance action by the Corporate
Authorities, the Corporate Authorities agree to operate and maintain such
systems, except for sanitary sewer service connections. The Developer agrees
to accept any increase in sewer rates and tap on fees, provided that such fees
and rates are applied consistently to all similar users in the Village to the extent
possible.
B. The Developer shall also construct on the Property in question any
storm sewers which may be necessary to service the Property, as per EXHIBIT
E. It is understood, however, that changes to the Preliminary Engineering Plan
may be required at the time of Final Engineering. Upon installation and
acceptance by the Village through formal acceptance action by the Corporate
Authorities, the Corporate Authorities agree to operate and maintain that portion
of the storm sewer system which serves public streets.
11 . Drainage Provisions. The Developer shall fully comply with any
request of the Village Engineer related to the placement of buildings on lots, to
preserve drainage standards. The Developer shall install any storm sewers
and/or inlets which are required to eliminate standing water or conditions of
excess sogginess which may, in the opinion of the Village Engineer, be
detrimental to the growth and maintenance of lawn grasses.
12. Payment of Recapture Fees Owed. Recapture for sanitary sewer
shall include all down stream sewers to which the Property is tributary,
notwithstanding the fact that the Property may not be specifically noted in the
benefit area in the recapture ordinance of record. The amount of said recapture
fee to be paid by the Developer is $19,802.98 if said payment is made on or
before August 1 , 1993. If said recapture is paid after August 1 , 1993, interest
shall accrue pursuant to the applicable recapture ordinances. In any event, no
plat of subdivision shall be approved by the Village until said recapture fee
(principal and interest) is paid to the Village.
3�85�99
5
13. Security for Public and Private Site Improvements. Security for public
and private site improvements shall be provided in accordance with the Develop-
ment Ordinance, and the Development Agreement (EXHIBIT C) as amended from
time to time. Any letter of credit issued for such improvements shall be drawn
on a financial institution of net worth reasonably satisfactory to the Village
Attorney. The issuer may have an equitable or lending interest in the Property
provided that the letter of credit, either by its own terms or by separate
written assurances of the issuer, shall be honored irrespective of that interest.
The Village shall have the right to draw up to the full amount of the letter of
credit in order to complete, and have formal acceptance of, all improvements
secured by the letter of credit.
14. Right of Way Dedication. The Owner and Developer acknowledge that
it is the intention of the Village and other involved agencies that at some time in
the future Buffalo Grove Road will be constructed through the Property. At
the request of the Village, but no later than upon approval ofthe first plat of -
subdivision of any portion of the Property, Owner agrees to dedicate 60 feet of
right-of-way along Prairie Road and Port Clinton Road as depicted on EXHIBIT
E. Owner hereby reserves any portion of Parcel 2 not dedicated as right-of-way
along Prairie and Port Clinton Roads for a period of ten (10) years from the
date of this Agreement for acquisition (at fair market value) by a public agency
for the purpose of implementing the construction of Buffalo Grove Road and
related improvements.
In order to determine fair market value (up to June 1 , 1998) the Owner and
the public, agency shall each select an M.A. I. appraiser who in turn, will jointly
select a third M.A. I . appraiser, so as to have the real estate appraised to
determine its fair market value. Once the real estate is appraised by the three
M.A.I. appraisers, the average of the three appraisals shall constitute the
Property's fair market value.
15. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Owner/Developer or the witnesses during the hearings
held before the Plan Commission and the Corporate Authorities prior to the
execution of this Agreement, are hereby incorporated by reference herein, made
a part hereof and designated as shown below. This Agreement, upon execution
by the parties, together with copies of all EXHIBITS, shall be kept on file with
the Village Clerk and be available for inspection to the parties hereto.
EXHIBIT A Legal Description
EXHIBIT B Plat of Annexation
EXHIBIT C Development Improvement Agreement
6 10 3 385s99
EXHIBIT D Preliminary Plan dated February 16, 1993 by Jen
Land Design, Inc.
EXHIBIT E, Preliminary Engineering Plan (Sheets 1 through 3)
E-1 , E-2 dated April 28, 1993 by Manhard Consulting, Ltd.
16. Annexation Fee. Developer agrees to pay an annexation fee of
$400.00 per dwelling unit which fee shall be payable pro-rata at issuance of
building permits. This fee, however, shall be paid in full prior to the ex-
piration of this Agreement.
17. Building., Landsca in- and Aesthetics Plans. Developer will submit
building and landscaping plans (which landscaping plans shall conform to the
requirements of Village Ordinances) for approval by the Appearance Commission
and the Corporate Authorities before commencing construction of buildings.
Lighting and signage shall be compatible with surrounding areas as approved by
the Appearance Commission. Phases not under construction or completed shall
be maintained in a neat and orderly fashion as determined by the Village
Manager.
18. Fencing. It is the intent of the Village that the fencing along the
west side of proposed Buffalo Grove Road be of a uniform style and design.
Said fence shall not be a wood stockade fence. Said fence shall include
perimeter- landscaping within the notched areas of the fence and at the bikepath
entrance to Buffalo Grove Road and entranceway landscaping at the north street
entrance to Prairie Road.
After receipt of approval of said fence and landscaping by the Village, the
Developer as owner of Parcel 1 shall record a covenant running with the land
requiring that any modifications or reconstruction of said fence shall be in
compliance with the design approved by the Village. Said covenant is subject to
review and approval by the Village.
The covenant shall further provide: (a) each lot owner is to maintain that
portion of the fence on his lot; (b) is enforceable by the Village; (c) if the
lot owner fails to maintain the fence, the Village or its agents may enter upon
the lot to maintain the fence and lien the lot for the costs and expenses of said
maintenance.
19. Project Models. The Village agrees to permit the Developer to con-
struct and maintain one (1 ) model area on the Property, consisting of a maximum
of three (3) buildings together with suitable off-street parking areas, all subject
to Appearance Commission approval. Such construction shall be in compliance
with the provisions of the Village's Building Code in effect at the time of
34 85999
building permit issuance. Further, the Developer may utilize models only as a
project office for the marketing of portions of the Property. Such use shall be
discontinued when the project contemplated herein has been fully and finally
completed.
20. Park District Donations. Developer agrees to comply with the pro-
visions of Title 19 of the Buffalo Grove Municipal Code as amended from time to
time regarding park donations. Developer agrees to make cash contributions to
the Village for conveyance to the Buffalo Grove Park District to fulfill the
obligation of the Property concerning park donations for active use land. It is
understood and agreed that the per acre land value used to compute said cash
contributions may be increased from time to time, and cash contributions made at
the time of building permit issuance shall be based on the land value in effect at
the time of permit issuance.
21 . School District Donations. Developer agrees to comply with the pro-
visions of Title 19 of the Buffalo Grove Municipal- Code as-amended- from time to
time regarding school donations. Developer agrees to make cash contributions to
the Village for conveyance to School Districts #103 and 125 according to the
criteria of said Title. It is understood and agreed that the per acre land value
used to compute said cash contributions may be increased from time to time, and
cash contributions made at the time of building permit issuance shall be based on
the land value in effect at the time of permit issuance.
22. Annexation to the Buffalo Grove Park District. The Owner and
Developer agree, at the request of the Buffalo Grove Park District, to annex
any part or all of the subject Property to said Park District.
23. Facilitation of Development. Time is of the essence of this Agreement,
and all parties will make every reasonable effort to expedite the subject matters
hereof. It is further understood and agreed that the successful consummation of
this Agreement and the development of the Property in the best interests of all
the parties requires their continued cooperation. The Owner and Developer do
hereby evidence their intention to fully comply with all Village requirements,
their willingness to discuss any matters of mutual interest that may arise, and
their willingness to assist the Village to the fullest extent possible. The Village
does hereby evidence its intent to always cooperate in the resolution of mutual
problems and its willingness to facilitate the development of the Property, as
contemplated by the provisions of this Agreement.
8 3?85999
24. Enforceability of the A reement. This Agreement shall be enforceable
in any court of competent jurisdiction by any of the parties or by an appropriate
action at law or in equity to secure the performance of the covenants herein
described. If any provision of this Agreement is held invalid, such provisions
shall be deemed to be excised herefrom and the invalidity thereof shall not affect
any of the provisions contained herein.
25. Term of A reement. This Agreement will be binding on all parties and
the Property for a term of twenty (20) years from the date of the execution of
this Agreement by the Village. This Agreement shall not be assigned without
prior written consent of the Village.
26. Bindin Effect of Agreement. This Agreement shall be binding upon
the Property, the parties hereto and their respective successors and assigns.
27. Corporate Capacities. The parties acknowledge and agree that the
individuals that 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.
28. Notices. Any notice required pursuant to the provisions of this
Agreement shall be in writing and be sent by certified mail to the following
addresses until notice of change of address is given and shall be deemed
received on the fifth business day following deposit in the U.S. Mail.
If to Owner: Thad A. and Marie C. Sislow
23958 N. Prairie Road
Lincolnshire, IL 60069
Copy to: Mr. John Dubbs
540 Frontage Road
Northfield, IL 60093
If to Developer: Edward Schwartz
Edward Schwartz and Co.
1110 Lake Cook Road, Suite 270
Buffalo Grove, II. 60089
Copy to: Lawrence M. Freedman, Esq.
Ash, Anos, Freedman and Logan
77 W. Washington Street
Chicago, IL 60602
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
9
Copy to: William G. Raysa, Esq.
Raysa E Skelton
1140 Lake Street
Suite 400
Oak Park, IL 60301
29. Default.
A. In the event Owner or Developer defaults, in their performance of
their obligations set forth in this Agreement, then the Village, may, upon notice
to Owner or Developer allow Owner or Developer sixty (60) days to cure default
or provide evidence to the Village that such default will be cured in a timely
manner if it cannot be cured during said period. If Owner or Developer fails to
cure such default or provide such evidence as provided above, then, with notice
to Owner or Developer, the Village may begin proceedings to disconnect from the
Village any portion of the Property upon which development has not been
completed or at the option of the Village, to rezone such Property to the R-E
District classification. In such event, this Agreement shall be considered -to be
the petition of the Owner or Developer to disconnect such portion of the
Property, or at the option of the Village to rezone such Property to the R-E
District classification.
B. In addition to sub-paragraph A. hereof, it is recognized by the
parties hereto that there are obligations and commitments set forth herein
concerning Parcel 1 which are to be performed and provided for by the
Developer not by the Owner. The Village agrees that the Owner as such is
exculpated from any personal liability or obligation to perform the commitments
and obligations set forth herein concerning Parcel 1 and that the Village will look
solely to the Developer for such performance, except that to the extent that the
Owner or successor thereto shall become a developer`.or shall designate or
contract with a developer other than the Edward Schwartz Company,then in that
case, the Owner or the new designee shall be subject to the liabilities,
commitments and obligations of this Agreement. In the event the Owner or
Developer or Developer defaults in their obligations created under this
Agreement, the Village may enforce such obligations against the Property Owner.
30. Litigation.
A. The Developer and Owner, at their cost, shall be responsible for
any litigation which may arise relating to the annexation, zoning and development
of the Property. Owner and Developer shall cooperate with the Village in said
litigation but Developer's counsel will have principal responsibility for such
litigation.
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34�5999
B. The Owner and Developer shall reimburse the Village for
reasonable attorney's fees, expenses and costs incurred by the Village resulting
from litigation relating to the annexation, zoning and development of the
Property or in the enforcement of any of the terms of this Annexation Agreement
upon a default by the Owner and Developer.
C. Owner and Developer hereby indemnify and hold the Village
harmless from any actions or causes of action which may arise as a result of
development activities for which the Owner or Developer is responsible.
31 . Special Conditions.
A. The following variations to the Village's Development Ordinance
are hereby granted as depicted on EXHIBIT E:
Section 16.30.050.A.4 - to allow a maximum cul-de-sac street length of
approximately 1 ,200 feet instead of 500 feet;
Section 16.50.040.C.3 - to allow a cross slope on a stormwater
detention basin of approximately one (1 ) percent instead of two (2) - -
percent, and to waive the requirement for underdrains in the detention
basin.
B. The storm water detention area, as depicted on EXHIBITS D and
E, shall be conveyed to the Village at the request of the Village when required
improvements are satisfactorily completed, as determined by the Village Engineer.
C. Developer shall construct a by-pass lane on the east side of
Prairie Road across from the entrance to the proposed residential development,
subject to Village review and approval.
D. Developer shall construct an 8-foot wide bikepath from the south
portion of the south cul-de-sac to the existing paved portion of Port Clinton
Road. Owner shall provide an easement for said bikepath on Parcel 2 as required
by the Village.
E. Developer shall construct the 8-foot wide sidewalk along the west
side of the future Buffalo Grove Road improvement as depicted on EXHIBITS D
and E. Owner shall provide an easement on Parcel 2 for said sidewalk as
required by the Village. Said easement shall be delineated on the first plat of
subdivision of the Property. Developer shall extend said 8-foot sidewalk
westerly to the gravel driveway as depicted on Exhibit D on the Vernon
Township property.
F. Developer shall install a street light at the entrance to the
development at Prairie Road, and shall pay $28,000.00 to the Village for seven
(7) street lights to be installed as part of the future Buffalo Grove Road
improvement. 15
1 1 3�85,�99
G. Developer shall pay $8,000.00 to the Village for thirty-five (35)
parkway trees as part of the future Buffalo Grove Road improvement.
H. No residential lot in the development shall have driveway access
to Port Clinton Road, Prairie Road or the future Buffalo Grove Road.
I . Parcel 2 shall be graded and seeded for the growth of grass.
Said Parcel shall be maintained as a mowed grass area, and shall not be used for
construction activities for the residential development on Parcel 1 .
J. Developer shall substantially preserve the existing trees on the
west side of Parcel 1 to provide a screen between the proposed residential lots
and the Vernon Township Park. Any tree removals or modifications to said
existing trees are subject 'to review and approval by the Village.
K. In the right-of-way where the proposed south cul-de-sac abuts
the proposed Buffalo Grove Road, the fence shall be replaced by eight (8) foot
high "Mission" Arbovitae, planted three feet on center to provide a landscape
screen. Said plantings shall be done by the Developer, and are- subject to -
Village review and approval.
L. The existing barn on the Property shall be removed from the
Property within six months of the date of this Agreement. If the Village so
directs, the Owner and Developer shall allow the Village to use said barn for
fire training purposes. Owner or Developer shall be responsible for removing
the barn and remains thereof from the Property.
M. Notwithstanding anything to the contrary herein contained, it is
understood that at such time as title to Parcel 1 is transferred from Owner to
Developer or Developer's designee, that all obligations of 'Owner' with respect to
Parcel 1 shall be deemed to be those of the Owner of Parcel 1 only, and that all
obligations of 'Owner' with respect to Parcel 2 shall be deemed to be those of the
Owner of Parcel 2 only.
N. Notwithstanding the Exhibits hereto, the plat of subdivision shall
reflect right-of-way to the west side of the "bikepath connect" on Lot 17 as
shown on EXHIBIT D.
IN WITNESS WHEREOF, the Corporate Authorities and Owner/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.
3�8�999
12
VILLAG F OF
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13
IICISIEIT A
ANNEXATION AGRE NZI T
MEDIAN CREEK, PRAIRIE ROAD/PORT CLI11TOP ROAD
SUBJECT PROPERTY LEGAL DESCRIPTION:
PARCEL 1
THE SOUTH 40.00 FEET OF LOT 10. EXCEPT THE EAST 332.00 FEET THEREOF AND LOT
19 EXCEPT THAT PART THEREOF DESCRIBED AS COMMENONG AT A POINT. ON THE
EAST LINE OF SAID LOT 19 WHICH IS 1532.10 FEET SOUTH OF THE NORTH QUARTER
CORNER OF SECTION 16. TOWNSHIP 43 NORTH RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN;THENCE NORTH ON SAID EAST LINE.TO THE NORTHEAST CORNER
OF SAID LOT 19:THENCE WEST ON THE NORTH LINE OF SAID LOT.33LOO FEET;THENCE
SOUTH. PARALLEL TO SAID EAST LINE. TO A POINT THAT 13 WEST OF THE POINT OF
BEGINNING;THENCE EAST.TO THE POINT OF BEGINNING AND ALL OF LOT 24 IN SCHOOL
TRUSTEES SUBDIVISION OF SAID SECTION 10. ACCORDING TO THE PLAT THEREOF
RECORDED MARCH 20. 18".
EXCEPTING. FROM THE ABOVE DESCRIBED TRACT. THAT PART LYING EAST AND
SOUTHEAST OF THE FOLLOWING DESCRIBED LINE: COMMENaNG AT A POINT ON THE
EAST LINE OF SAID LOT 19. WHICH IS 1532.10 FEET SOUTH OF THE NORTH CUARTER
CORNER OF SAID SECTION 16;THENCE WEST. 60.00 FEET.TO THE POINT OF BEGINNING:
THENCE SOUTH. ALONG A LINE THAT IS 60.00 FEET WEST OF AND PARALLE TO SAID '
EAST LINE OF LOT 19. 370.00 FELT; THENCE SOUTH. SOUTHWESTERLY ON A CURVE.
TANGENT TO THE LAST DESCRIBED UNE. CONCAVE NORTHWESTERLY. HAVING A
RADIUS OF 704.00 FEET,AN ARC DISTANCE OF 1004.75 FEET.TO A POINT ON THE WEST
LINE OF SAID LOT 24. SAID POINT ALSO BEING THE POINT OF ENDING OF THIS
EXCEPTION. ALL IN LAKE COUNTY. IWNOIS.
PARCEL 2
THE SOUTH 40.00 FEET OF LOT 10. EXCEPT THE EAST 332.00 FEET THEREOF AND LOT
19 EXCEPT THAT PART THEREOF DESCRIBED AS COMMENCING AT A POINT. ON THE
EAST LINE OF SAID LOT 19 WHICH IS 1532.10 FEET SOUTH OF THE NORTH QUARTER
CORNER OF SECTION IS. TOWNSHIP 43 NORTH RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN;THENCE NORTH ON SAID EAST LIML TO THE NORTHEAST CORNER
OF SAID LOT 19:THENCE WEST ON THE NORTH LINE OF SAID LOT.332.00 FEET;THENCE
SOUTH. PARALLEL TO SAID EAST LINE. TO A POINT THAT IS WEST OF THE POINT OF
BEGINNING;THENCE EAST.TO THE POINT OF BEGINNING AND ALL OF LOT 24 IN SCHOOL
TRUSTEES SUBDIVISION OF SAID SECTION 16. ACCORDING TO THE PLAT THEREOF
RECORDED MARCH 20. 18".
EXCEPTING FROM THE ABOVE DESCRIBED TRACT. THAT PART LYING WEST AND
NORTHWEST OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A POINT ON THE
EAST LINE OF SAID LOT 19. WHICH IS 1532.10 FEET SOUTH OF THE NORTH GUARTER
CORNER OF SAID SECTION 16;THENCE WEST,60.00 FEET.TO THE POINT OF BEGINNING:
THENCE SOUTH, ALONG A LINE THAT IS 60.00 FEET WEST OF AND PARALLEL.TO SAID
EAST LINE OF LOT 19. 370.00 FEET; THENCE SOUTH, SOUTHWESTERLY ON A CURVE.
TANGENT TO THE LAST DESCRIBED LINE. CONCAVE NORTHWESTERLY. HAVING A
RADIUS OF 704.00 FEET,AN ARC DISTANCE OF 1004.75 FEET.TO A POINT ON THE WEST
LINE OF SAID LOT 24. SAID POINT ALSO BEING THE POINT OF ENDING OF THIS
EXCEPTION, TOGETHER WITH THOSE PORTIONS OF PRAIRIE ROAD AND PORT CLINTON
ROAD LYING ADJACENT TO THE ABOVE DESCRIBED TRACT NOT PREVIOUSLY ANNEXED.
ALL IN LAKE COUNTY. IWNOIS, and to the far side of any adjacent
unincorporated highway. 1 n
lxJ 33155999
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 19-acre
tract at the northwest corner of Port Clinton Road and Prairie Road.
q 3385999
RECO?DER
LAKE CCL'jN Y. ILLINOIS
43 AU ?0
STATE OF ILLINOIS )
SS.
COUNTY OF COOK & LAKE )
I, JANET M. SIRABIAN, hereby certify that I am the duly
elected, qualified and acting VILLAGE CLERK of the Village of
Buffalo Grove, Counties of Cook and Lake, Illinois, and the keeper
of its seal and records.
I hereby further certify that the attached is the original
of Ordinance No. 93-38 adopted on the 17th day of
May 19 93 by the Village Board of the Village
of Buffalo Grove as shown by the records in my custody.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the Village of Buffalo Grove aforesaid, at said Village,
in the County and State aforesaid, this 19th day of August ,
19 93
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VILLAGE OF 9UFMD GROVE
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