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1978-029 .�.rrr�.vwiv,i ORDINANCE NO. 78-aZ AN ORDINANCE APPROVING ANNEXATION AGREEMENT AND DIRECTING EXECUTION THEREOF BY THE PRESI- DENT AND CLERK OF THE VILLAGE OF BUFFALO GROVE (Lexin ton Hills) 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 South half of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian described as follows : Beginning at the intersection of the North line of the South half of said Section 33 , with the centerline of Half Day Road, later Aptakisic Road (Weiland Road) , said intersection being 905 . 10 feet East of the center of said Section: thence South 16 degrees 36 minutes West along said center of road, 413.43 feet to a point that is 395 . 19 feet South of the North line of the South half of said Section 33 : thence West parallel with said North line 1, 793 . 71 feet; thence North perpendicular to last described line, 168. 73 feet; thence West perpendicular to last described line, 346. 50 feet ; thence North 9 degrees , 37-1/2 minutes West to the North line of the South half of said Section 33 ; thence East along said North line to the point of beginning, in Lake County, Illi- nois . AND Lot 2 in Buffalo Grove Manor, a Subdivision of part of the South half of Section 33, Township 43 North, Range 11 , East of the Third Principal Meridian, according to the plat thereof, recorded June 21 , 1950 , as Document 701006, in Book 32 of Plats , Page 28, in Lake County, Illinois , except that part thereof lying West of a line extending South from a point 318 . 75 feet East of the Northwest corner of said Lot 2. WHEREAS , there has also been submitted to the corporate authorities of the Village of Buffalo Grove an Annexation Agreement pursuant to sta- tute; 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 ; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUS- AL 4-010dr.,U t Section 2. 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, Keister, Stone, Mendenhall , AYES : Fab i sh NAYES : 1 - Mar i entha 1 ABSENT : 1 - Rech PASSED and APPROVED: April 17, ,1978 . APPROVED: Village President ATTEST - Village C er ANNEXATION AGREEMENT This Agreement, made and entered into this �/ day of A4 mm _ , 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 (here- inafter collectively referred to as the "Corporate Authorities" ) ; CENTRAL NATIONAL BANK IN CHICAGO, a corporation, as Trustee under the provisions of a Trust Agreement dated March 24 , 1977 and known as Trust No. 22361 (hereinafter referred to as "Owner" ) ; and LEXINGTON DEVELOPMENT CORPORATION (hereinafter referred to as "Developer" ) : WITNESSETH: WHEREAS , the Owner owns a Tract of real. estate of appY'oximately 20 . 8 acres, the description of which is set forth on the Plat of Annexation, marked Exhibit A, attached hereto and made part hereof (which Tract may hereafter be`referred to in its entirety as the "Subject Property" ) ,.;and which Subject Property is contiguous to the corporate limits of the Village; and WHEREAS, the Developer desires and proposes, pursuant to the provisions and regulations applicable to the R-7 District of the Zoning Ordinance, to develop the Subject Property in accordance with and pursuant to a certain general development plan prepared by Johnston Associates dated March 15 , 1978 (hereinafter referred to as the "Plan of Development" ) , to contain not more than 106 single-family duplex dwelling units, each said unit to contain, not more than 3 bedrooms, a copy of which proposed Plan of Development, marked Exhibit B. is attached hereto and made a part hereof; and subject to the ordinances, codes and regulations of the Village; and WHEREAS, the Developer_ is the sole .benef_iciary of the Owner_ ; Illinois Revised Statutes) , a proposed annexation agreement in substantially the same form as this Agreement was submitted to the Corporate Authorities, and a public hearing was held thereon pursuant to notice and in all wise as provided by law; and WHEREAS, pursuant to notice and in all wise as provided by law, the Plan Commission of the Village has had such public hearing as is prescribed by law with respect to the requested zoning classi- fication of R-7 for the Subject Property, and the recommendations made by such Commission have been submitted to the Corporate Author- ities; NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: 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, as amended (Chapter 24 , Illinois Revised Statutes) . 2. The Developer has caused to be filed with the Village Clerk of the Village a proper petition, pursuant to and in accordance with . the provisions of Section 7-1-8 of the Illinois Municipal Code, as amended (Chapter 24, Illinois Revised 6tatutes) conditioned on the execution of this Agreement, with the terms and provisions contained herein, to annex the Subject Property to the Village. It is under- stood 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 Subject Property is validly annexed to the Village and is validly zoned and classified under the Village' s Zoning Ordinances as zoning classification R-7, all as contemplated in this instrument. 3. The Corporate Authorities, within 30 days of the approval of this Agreement, will enact a valid and binding ordinance annexing 4 . Immediately after the passage of the ordinance annexing the Subject Property, as provided in Paragrapn 3 hereof, the Cor- porate Authorities shall adopt a proper valid and binding ordinance or ordinances zoning and classifying the Subject Property in the R-7 zoning district for the construction of not more than 106 single- family duplex dwelling units (each said unit to contain not more than 3 bedrooms, and to be in. substantial conformity with the architect' s renderings attached hereto and made part hereof as Exhibit G) , and shall adopt such other ordinances, resolutions or other actions as may be necessary or authorized by the applicable ordinances of the Village as contemplated in this instrument. 5. The Corporate Authorities agree to approve a final plat of subdivision, and to issue building permits based upon the final ver- sions of the plans and drawings of those matters within the Plan of Development submitted by the Developer, provided that such final documents: (a) conform to the Plan of Development; and (b) conform to the terms of this Agreement and all applicable Village ordinances in effect from time to time except as amended pursuant to this Agree- ment'. 6. Any changes desired by the Developer in the Plan of Develop- ment as herein approved may be authorized by the Corporate Authorities, but only at the discretion of the Corporate Authorities. The Corporate Authorities may at their sole discretion require the submission of amended plans or plats together with proper supporting documentation to the Plan Commission and the Corporate Authorities, and may 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 Plan of Development. 7. The Developer agrees to tap on to the Village water system at points recommended by the Village engineer, to pay the Lake County water system improvement fee (presently $300 per unit) , and to pay to Authorities, be dedicated to the Village and become part of the Village water main system and maintained by the Village. 8. It is understood and agreed, anything in Paragraph 7 to the contrary notwithstanding, that a portion of the water main system 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 pro- perty, not owned by the Developer. In such event, the Corporate Authorities agree to adopt such ordinances and to 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 water system, and legally permitted interest, in a propor- tionate amount, from such neighboring property owners as may be so benefited, as determined by the Village. The Village agrees to . cooperate with the Developer, in effectuating recapture from future users, as appropriate, including, but not necessarily limited to, advising Developer of additional connections it intends permitting, collecting and remitting fees, executing and recording appropriate recapture documents, and using lawful means available to it. The Developer agrees that 5% of all fees so recaptured through the Village' s efforts shall be retained by the Village as reimbursement for its collection efforts. 9. It is further understood and agreed, anything in Paragraphs 7 & 8 to the contrary notwithstanding, that a proposed 16-inch water main adjacent to Weiland Road constitutes an integral part of the wa- ter system, and is not subject to any recapture from other developers or property owners. It is, however, further understood and agreed that if in the future the Village adopts a policy under which a rebate is offered to property owners for installation of oversized facili- ties, such policy shall be effective retroactively to the Developer as regards that part of said 16-inch water main which represents the difference between it and a 12-inch main. and maintain such system, except for sanitary sewers service con- nections. The Developer acknowledges there may be increases in water and sewer rates and tap-on fees, provided that such fees and rates are applied consistently to all . 11 . The following exhibits, which were presented in testimony given by the Developer during the hearings held prior to the exe- cution of this Agreement, are hereby made a part hereof. Said exhibits shall be kept on file by the Village Clerk, and available for inspection by the parties hereto: A. Plat of Annexation; B. Plan of Development; C. Petition for Annexation; D. Village Engineering Standards as set forth in "A Manual of Practice for the Design of Public Improvements in the Village of Buffalo Grove" ; E. Performance Guarantees-Administrative Order No. 2; F. Table of Estimated Ultimate Population Per Dwelling Unit; G. Architects ' Rendering. 12 . 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 dwelling unit in the development is issued. 13. Developer agrees to comply with all ordinances of the Vil- lage presently in effect, and with all ordinances hereinafter adopted, provided however that any ordinance hereinafter adopted which, if it applied to the Subject Property, would interfere with the Developer' s proposed Plan of Development (Exhibit B) as contemplated in this Agreement, shall not apply to the Subject Property without the consent of the Developer, which consent shall not be unreasonably withheld. 14. The Developer agrees that the standards set forth in "A Manual of Practice for the Design of Public Improvements in the Vil- lage of Buffalo Grove, " a copy of which is marked Exhibit D, attached hereto and made a part hereof, and in all applicable Village ordinances are those to which all construction activities pursuant to the Plan of - - - - - I ...• 1 , ---- -- n L 1 -1 4-1..-, K74 1 — formal action of the Corporate Authorities and, thereafter, be main- twined by the Village. 15. The 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 Corporate Authorities) before commencing construction of buildings, as provided under Village Ordinance No. 72-12 . The Developer will . submit for examination and approval a master building plan for each different model single-family building to be constructed upon the Subject Property which submission shall be in substantial conformity with Exhibit G. The Developer will comply with any reasonable request of the Village engineer related to placement of residential structures on lots, to preserve drainage standards. Approval of. single-family building plans under this paragraph shall constitute approval of the mirror image of such plans, it being understood that the Developer 6-3 intends to construct on each of a duplex structure comprising two single-family dwelling units, bei g ene of 16 possible combina- tions of four single-family building plans. 16. The Developer will submit, as part of the landscaping plan submitted as provided in Paragraph 15, a plan to provide berms and deciduous plantings to act as a line-of-sight buffer along portions of Illinois Route 83, Pauline Drive and Weiland Road. The character, extent and location of such landscape buffer shall be subject to approval by the Appearance Commission (and the Corporate Authorities) . The final plat of subdivision will contain or be accompanied by a covenant running with the land restricting construction or other activities inconsistent with the continuous maintenance of such land- scape buffer. 17 . In lieu of any bonds or deposits required for public improve- ments under a subdivision ordinance of the Village, the Developer may, at its election, furnish to the Village. an irrevocable Letter of Credit authorized to do business in the State of . Illinois, or other se- curity 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 but not limited to sanitary sewers, storm sewers, water mains, storm water retention facilities, streets, curbs, sidewalks, parkways, parkway trees and street lights, park site and bike path system) , in those areas of the Subject Property which have received final subdivision 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, de- posits, Letters of Credit or other security may be reduced in amount from time to time as the public improvements assumed by such security are completed and approved pursuant to established Village practice. Approvals of such performance guarantees shall be in accordance with the attached Exhibit E regarding performance guarantees. 18 . 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 obliga- tion is fully set forth herein. The Corporate Authorities do hereby evidence their intent for continued cooperation in the resolution of 19. This Agreement will be binding on both parties for a term of five (5) years from the effective date of zoning reclassification upon annexation. It is understood and agreed by the parties to this Agree- ment 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. 20. If the terms of this Agreement are not carried out by the De- veloper, any part of the Subject Property which is not yet developed may be reclassified to the R-1 zoning classification and/or may be dis- connected from the Village if the Corporate Authorities so desire. In such event, this paragraph shall be considered to be the petition of the Owner for such disconnection or rezoning. 21. This Agreement shall be binding upon the parties hereto, their respective successors and assigns . 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 and shall have no personal liability in their individual ca- pacities for any matter covered by or referred to in this Agreement. 22. Developer agrees to comply with the provisions of Village Ordi- nance No. 77-72 (including 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, published January 15, 1977, being attached hereto and made part hereof as Exhibit F) regarding park donations, it being understood that the Developer will receive credit of not less than . 20 acres for the dedication and conveyance of the park, detention and bike path area, shown in the Plan of Development, to the Village for conveyance to the Buffalo Grove Park District. De- veloper agrees that it will make contributions of money, in lieu of addi- tional contributions of land, to the Village for conveyance to the Buffalo Grove Park District according to the criteria of said ordinance; provided that the Village shall accept from the Developer the entire aforesaid will be payable after credit for the area is exhausted. The aforesaid park, detention and bike path area, as shown on the Plan of Development, Exhibit B, will be dedicated on the recorded plat of subdivision, and will be conveyed to the Village for conveyance to the Buffalo Grove Park District by warranty deed, with all real estate taxes to the date of conveyance paid, and with a title insurance commitment of $1, 000. 00 , showing good and merchantable title in the grantor. The contribution of money to the Buffalo Grove Park District will be by way of a payment to . the Village, to be made concurrently with the issuance of a building permit by the Village for each dwelling constructed, drawing first upon the credit for the land. 23. Developer agrees to comply with the provisions of Village Ordinance No. 77-72 regarding school donations , according to a schedule under which it will make contributions of money, in lieu of contributions of land for school sites, by way of payment of a lump sum to Aptakisic - Tripp School District #102 and High School District #125, . as herein provided. The lump sum payments will be paid at the time of the issuance of the first Certificate of Occupancy to Developer by the Village, but in no* event later than September 30, 1978. The total cash contribution to School District #102 will be $20, 215 and to School District #125 will be $6, 645 . 24 . It is agreed that Developer will install that portion of Pauline Avenue as shown on Exhibit B, paving not less than 24 feet in width measured from back of curb on the south side of the road and pro- viding such edge or shoulder treatment appropriate to stabilize the opposite side of the road, as determined by the Village Engineer. The location of the pavement within the right-of-way and the provision of signs and roadmarkings shall be as determined by the Village Engineer. The parties will use their best efforts to obtain the necessary ap- provals from the owner of the property north of Pauline Avenue to accommodate improvements within the right-of-way as shown on Exhibit B. If such approvals are not obtained by the time construction of the 25. Developer agrees, at the request of the Indian Trails Library District, to annex any part or 'all of the Subject Property to said Library District. 26. 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.. IN WITNESS WHEREOF, the Corporate Authorities, Owner, and Devel- oper 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 and year first written above. THE VILLAGE OF BUFFALO GROVE, a Municipal _Corporation of the ATT6'1�• , State of Illinois f f A y. r " .aw VieB �� Clerk, Village President " age SU�JECT TO THE EXCULPATORY PROVISIONS ATTACHED a HERETO AND MADE A PART HEREOF. CENTRAL NATIONAL BANK IN CHICAGO, � a corporation, as Trustee under �,r the provisions of a Trust Agreement dated March 24 , 1977 , and known as Trust No. 22361 /4,f 2 Tit—le 37.RUS OFFICC.. � l ATTEST. LEXINGTON DEVELOPMENT „CORPORATION T,� . `�" '� ", 911, 19132Q1 . p D0 ;I r Syr� LAKE MINTY, ILLINOIS K RECORDER OF DEEDS RIDER ATTACHED TO AND MADE A PART OF DOCUMENT DATED UNDER TRUST NO. 22361 It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the representations, covenants, undertakings, warranties, and agreements herein made on the part of the Trustee while in form purporting to be the representations, covenants, undertakings, warranties, and agreements of said Trustee are nev- ertheless each and every one of them, made and intended not as personal representations, cove- nants, undertakings, warranties, and agreements by the Trustee or for the purpose or with the in- tention of binding said Trustee personally but are made and intended for the purpose of binding only that portion of the trust property specifically described herein, and this instrument is executed and delivered by said Trustee not in its own right, but solely in the exercise of the powers con- ferred upon it as such Trustee, and that no personal liability or personal responsibility- is assumed by nor shall at any time be asserted or enforceable against the CENTRAL NATIONAL RANK in CHICAGO or any of the beneficiarie. under said Trust Agreement, on account of this instru- ment or on account of any representation, covenant, undertaking, warranty, or agreement of the said Trustee in this instrument contained, either expressed or implied, all such personal liability, if any, being expressly waived and released. The Trustee makes no personal representations as to nor shall it be responsible for the existence, location or maintenance of the chattels herein described, if any.