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1972-016 ORDINANCE NO.672 AN ORDINANCE APPROVING ANNEXATION AGREEMENT AND DIRECTING EXECUTION THEREOF BY THE PRESIDENT AND CLERK OF THE VILLAGE OF BUFFALO GROVE ILLINOIS , WHEREAS, Charles F. Hinze and Janet A. Hinze, have heretofore submitted to the corporate authorities of the Village of Buffalo Grove a petition to annex the following described real property: The East 100 feet of Lot 2 in Dun-Lo Highlands, being a subdivision of the West 1/2 of the North- west 1/4 (except the South 25 acres thereof) of Section 9, Township 42 North, Range 11, East of the 3rd P.M. in Cook County, Illinois . (Dundee and Betty Drive) . WHEREAS , in conjunction with said Petition, 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 on said Annexation Agreement has been given, and public hearings held by the Plan Commission and the corporate authorities, and WHEREAS, it is determined to be in the best interests 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: Section I. The Annexation Agreement, copy of which attached hereto and made part hereof, is approved. Section 2. The President and Clerk of this Village are hereby authorized to cause execution of 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. AYES : �_ NAPES : '"' ABSENT:______ PASSED AND APPROVED this day of 1972. 0 Pre 'dent . ATTEST " p/r Y Cler ANNE�XA _T10N AGREEMENT THIS AGREEMENT, made and entered into this day of 1972, by and between VILLAGE OF BUFFALO GROVE, ' municipal corporation in the counties of Cook and Lake in the State of Illinois , hereinafter referred to as "VILLAGE," and CHARLES F. HINZE, and JANET A. HINZE, hereinafter referred to as "OWNERS." WITNESSETH: WHEREAS, OWNERS are the holders of record title of the real property, which is the subject of this Annexation Agreement and which is shown on the certified copy of the plat of survey hereto submitted to VILLAGE, and incorporated herein by reference as Exhibit A; and WHEREAS, said property is in the unincorporated area of Cook County and is contiguous to the VILLAGE: and WHEREAS, it is the desire of VILLAGE that said property be annexed to the VILLAGE and developed in accordance with the terms and conditions of this Agreement; and WHEREAS, it is the desire of OWNERS to annex said property to VILLAGE for developments in accordance with the terms and conditions of this Agreement; and WHEREAS, OWNERS will cause said property to be annexed to VILLAGE for developments in accordance with the terms and conditions of this Agreement provided that this Annexation Agreement is executed by the parties hereto; and WHEREAS, OWNERS desire to have said property classified under the zoning ordinances of VILLAGE for the purpose of operating a ceramic supply and gift shop, at a later date to add to this a ceramic Art Production business and school with office and maintenance facilities with parking; and WHEREAS, OWNERS propose that the real property described in attached Exhibit A be developed for commercial purposes , in accordance with existing B-1 provisions of the zoning ordinances , excluding, however tavern and restaurant uses, and other ordinances of VILLAGE and also in accordance with the terms and conditions of this Agreement; and WHEREAS, VILLAGE is also agreeable to all such developments in such manner; and WHEREAS, the Plan Commission of VILLAGE has heretofore held public hearings on the applications of OWNERS to rezone the said property, as aforesaid, and due notices of said public hearings were published in the manner required by law and said public hearings were held in all respects in a manner conforming to law; and WHEREAS, the Plan Commission has made its report and recommenda- tions to the President and Trustees of VILLAGE in accordance with the ordinances of VILLAGE; and WHEREAS, all other matters , in addition to those specifically referred to above, which are included in this Annexation Agreement, have been considered by the parties hereto, and the development of said property for the purposes permitted under the existing B-1 provisions, excluding, however, tavern and restaurant uses, as aforesaid, of the zoning ordinance of VILLAGE, and in accordance with the terms and conditions of this Agreement, will inure to the benefit and improvement of VILLAGE in that it will increase the taxable value of the real property within its corporate limits, will increase the number of persons who shall be counted for the purpose of obtaining state motor fuel tax funds by VILLAGE, will extend the corporate limits and the jurisdiction of said VILLAGE to the limits described under the attached certified copy of plat of survey, will promote the sound planning and development of the VILLAGE and will otherwise enhance and promote the general welfare of the people of the VILLAGE; and WHEREAS, notice of a public hearing on this Annexation Agreement has been given in the manner provided by law, and the corporate authorities of VILLAGE have held such hearings as are prescribed by the provisions of Division 15.1 of the Illinois Municipal Code (Ill . Rev. Stat. , ch. 24, No. 11-15,et seq. ) : and WHEREAS, in reliance upon the existing ordinances, codes and regulations of VILLAGE and the continued effectiveness of said ordinances , codes aNd regulations for the period hereinafter set forth, the execution of this Agreement by VILLAGE and the performance by VILLAGE of the under- takings hereinafter set forth to be performed by it, there have been executed all petitions and other documents that are necessary to accomplish the annexa- tion of the said property to VILLAGE, and said OWNERS are willing to under- take certain obligations as hereinafter set forth, and has materially changed his position in reliance upon said ordinances , codes and regulations ; and WHEREAS, it is the desire of VILLAGE and OWNERS that the development of the real property proceed as conveniently as may be, and be subject to the ordinances, codes and regulations of VILLAGE, now in force and effect, and further, subject to the terms and conditions hereinafter contained. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follows: 1 . OWNERS shall contemporaneously with the execution hereof, file with the Village Clerk of Village a duly executed petition pursuant to and in accordance with the provisions of Section 7-1-8 of,Chapter 24 of the Illinois Revised Statutes (1971 ) , to annex to VILLAGE the property described in the attached certified plat of survey, and VILLAGE hereby agrees to annex the aforesaid property to VILLAGE upon the terms and conditions set forth in this Agreement. It is expressly understood and agreed, however, that the aforesaid petition for annexation has been submitted by OWNERS in reliance upon the representation of VILLAGE that VILLAGE will adopt such ordinances and amendatory ordinances as may be necessary to validly zone and classify the aforesaid property in the manner hereinafter provided. It is further 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 said premises are so zoned and classified. 2. VILLAGE hereby agrees to adopt and approve, simultaneously with the execution of this Agreement, ordinances rezoning the real property which is involved in this Agreement in accordance with the preamble hereof and the agreements and terms contained herein. 3. OWNERS, acting individually or in concert, or by and through his or their assignees , successors in interest, and such other corporations, firms , joint ventures, or legal entities as may be required, shall cause the properties to be improved subject to the terms and conditions of the zoning ordinances of VILLAGE in effect on the date of this Agreement, except as otherwise agreed herein. 4. VILLAGE agrees to adopt and approve ordinances classifying, under the provisions of its zoning ordinances , the said property in Exhibit A as B-1 , excluding, however, tavern and restaurant uses, with additional ordinances , if any, which will allow OWNERS to develop the property in sub- stantial conformity with the Site Plan dated February 21 , 1972 by James Milton Ray - Architect, which is attached hereto as Exhibit B and is a p �. ,. �,.... An n ....� romsai;w Site Pi an will l b� p art hereof. Minor deviations,,, f d ermi t�ed e architect's rendering of any new structure a approved by the VILLAGE ' e must b m �,i Plan Commission and VILLAGE Appearance Control .,€vmmtttee: prior to the issuance of building permits. Upon construction of the additional building on said Site Plan, OWNERS shall connect to VILLAGE sewer and water facilities. -4- 5. VILLAGE agrees that any approval of a preliminary plat shall be valid and effective for a period of five (5) years from the date of its approval without the necessity of OWNERS reviewing such preliminary plat on a year-to-year basis during said five (5) year period. 6. The ordinances to be enacted and adopted by VILLAGE as provided for in Paragraph Fourth hereof, shall not be changed, modified or amended in any manner whatsoever and shall be effective, valid and binding for five (5) years from the date of execution hereof. 7. Notwithstanding any other provisions of this Agreement, it is understood and agreed that VILLAGE may increase building permit fees during the term of this Agreement and that such increased fees shall apply to the property which is the subject of this Agreement, provided, however, that the aggregate of any and all such increases shall not, insofar as the said increased fees applied to the subject property of this Agreement, be more than twenty-five (25%) per cent greater than the building permit fees in force and effect on the date of this Agreement. 8. It is further agreed that either party to this Agreement, either in law or in equity, by suit, action, mandamus or other proceedings , may enforce or compel the performance of this Agreement. 9. Should any pertinent existing or future enacted resolutions or ordinances of said VILLAGE be in anywise inconsistent with any provision of this Agreement and such acts shall take precedence over such existing or future enacted resolutions or ordinances and shall be binding and valid, and the provisions of this Agreement, under such circumstances , shall constitute lawful and binding amendments to the terms of said inconsistent ordinances or resolutions. 10. This agreement shall be of no force and effect until the ordinances requiring annexation of the subject property and rezoning have been duly enacted by said VILLAGE. 11 . If any provisions of this Agreement are held invalid, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 12. VILLAGE shall have the right to enter upon all private streets, alleys, sidewalks and public use areas in said planned development for the purpose of enforcing the ordinances in VILLAGE and the Statues of the State of Illinois , including , but not by law of limitation, traffic regulations, and VILLAGE may erect such signs as may be necessary to enforce same; provided, however, that VILLAGE may erect such signs as may be necessary to enforce same; provided, however, that VILLAGE shall not interfere with the use of parking areas by the then OWNER(S) of the property,' residents of the property or the guests , invitees and licensees of the then OWNER(S) or residents , except at the written request of OWNER(S) and except as to fire lanes established by VILLAGE. 13. OWNERS shall contemporaneously with the execution hereof grant an easement to the VILLAGE for utility purposes over the West ten (10) feet of the premises. VIL F F GROV By U' Presi ent ATTEST Village Clerk Charles F. Hinze Janet A. Hinze r WITNESS: