1987-035 ORDINANCE NO. 87-35
AN ORDINANCE APPROVING ANNEXATION AGREEMENT
(Leider Property)
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 des-
cribed 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 notices of public hearings on said Annexation
Agreement and Zoning 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 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 Grove.
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: 6 - Marienthal, Glover, Reid, Shields, Kowalski, Shifrin
NAPES: 0 - None
ABSENT: 0 - None
PASSED: April 27 1987
APPROVED: April 27 1987
APPROVED:
517
ATTEST '�? ............
fr° vim,
VERNA L. CLAY TON,
ft , TON, Village resident
a
' A
Villa Clerk
2584756
4/23/87
LEIDER PROPERTY ANNEXATION AGREEMENT
TABLE OF CONTENTS
1. Applicable Law. 2
2. Agreement: Compliance and Validity. 3
3. Enactment of Annexation Ordinance. 3
4. Enactment of Zoning Ordinance. 3
5. Approval of Plans. 4
6. Compliance with Applicable Ordinances. 4
7. Amendment of Plan. 5
8. Building Permit Fees. 5
9. Water Provisions. 5
10. Storm and Sanitary Sewer Provisions. 6
11. 7
12. Payment eofrRecapture Fees Owed.
7
13. Security for Public Site Improvements. 8
14. Exhibits. 9
15. ..Buildin , Landscaping and Aesthetics Plans. 10
16. Declaration of Protective Covenants. 10
17. Road Improvements and,-Right of YaL Dedications. 11
18. Annexation to the Buffalo Grove Park District. 11
19. Facilitation of Develo went. 12
20. Enforceability of the Agreement. 12
21. Term of A reement. 12
22. Binding Effect of Agreement. 12
23. Corporate Capacities. 13
24. Notices. 13
25. Default. 13
26. Signs. 14
27. Special Conditions. 14
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2584756
4/23/87
LEIDER PROPERTY ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and
entered into this 27th day of April, 1987, 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 MICHAEL M. LEIDER and ASBURY
CORPORATION, an Illinois Corporation, (hereinafter collectively referred to
as the "Owners") .
W I T N E S S E T H:
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, Michael M. Leider is the owner of record of the land legally
described as "Parcel A and Parcel C" in EXHIBIT A attached hereto and made
part hereof as, (hereinafter sometimes referred to as Parcel A and Parcel
C) , comprising 21.882 acres more or less; and,
WHEREAS, Asbury Corporation is the owner of record of land legally
described as "Parcel B" on EXHIBIT A attached hereto and made part hereof
(hereinafter sometimes referred to as Parcel B) , comprising 17.661 acres,
more or less; and,
WHEREAS, the Owners wish to annex the tract of land consisting of
Parcel A , Parcel B and Parcel C and including any adjacent unincorporated
right-of-way (hereinafter referred to as the "Property") to the Village;
and,
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WHEREAS, Owners desire and propose, pursuant to the provisions and
regulations applicable to the I (Industrial) District of the Village Zoning
Ordinance, to develop Parcel C in accordance with and pursuant to a certain
Preliminary Plat (hereinafter the "Preliminary Plat") prepared by Donald
Manhard Associates, Inc. and dated as last revised November 12, 1986, a copy
of which is attached hereto as EXHIBIT E and incorporated herein, and
subject to all other exhibits attached hereto or incorporated by reference
herein; and,
WHEREAS, pursuant to 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 in the manner
provided by law, the Plan Commission of the Village has held such public
hearings prescribed by law and has made its recommendations with respect -to
the requested zoning classification of I (Industrial) District and the
Preliminary Plat; and,
WHEREAS, the President and Board of Trustees, after due and careful
consideration, 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 the Village's
Home Rule powers. The preceding whereas clauses are hereby made a part of
this Agreement.
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2. Agreement: Compliance and Validity. The Owners have filed with
the Village Clerk of the Village a proper petition (EXHIBIT B hereto)
pursuant to and in accordance with provisions of Section 7-1-8 of the
Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1985) ,
conditioned' on the execution of this Agreement and 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 I (Industrial) District, all as
contemplated in this Agreement.
3. Enactment of Annexation Ordinance. The Corporate Authorities will
enact a valid and binding ordinance (hereinafter referred to as the
"Annexation Ordinance") annexing the Property to the Village within
twenty-one (21) days of the execution of this Agreement by the Village.
Said Annexation Ordinance and Annexation Agreement shall be recorded with
the Lake County Recorder's Office along with the Plat of Annexation
(attached hereto as EXHIBIT C) . Recordation shall take place no more than
thirty (30) days after enactment of the Annexation Ordinance.
4. Enactment of Zoning 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 the Property in
the I (Industrial) District subject to the restrictions further contained
herein and all applicable ordinances of the Village of Buffalo as amended
from time to time. Parcel C shall be developed in accordance with the
Preliminary Plat (EXHIBIT E) .The Village agrees to allow farming as a
permitted use on portions of the Property not under construction.
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. Approval of Pans. The Corporate Authorities hereby approve the
Preliminary Plat (EXHIBIT E) pursuant to the provisions of this Agreement
and the Development Ordinance as modified by this Agreement. The Owners
may, any time after recording of the Plat of Subdivision, submit to the
Village the required materials for the issuance of appropriate building and
other permits on Parcel C. Said submission shall be based on the Final
Engineering Plan for the development of the Property as submitted by the
Owners and shall:
A. conform to the Preliminary Plat (EXHIBIT E) ; and
B. conform to the terms of this Agreement and all applicable Village
Ordinances as amended from time to time except as set forth in
paragraph 6 hereof; and
C. conform to the form of the Development Improvement Agreement
(EXHIBIT D) .
The Village agrees that specific development plans submitted for an
individual lot or lots on Parcel C will not require additional review by the
Plan Commission or Corporate Authorities.
6. Compliance with Applicable Ordinances. The Owner agrees 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 ordinances,
amendments, rules and regulations relating to zoning, building and
subdivision of land adopted after the date of this Agreement shall not be
arbitrarily or discriminatorily applied to the Property but shall be equally
applicable to any property similarly zoned and situated to the extent
possible. Owner, 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.
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7. Amendment of Plan. If the Owners desire to make changes in the
Preliminary Plat, as herein approved, the parties agree that such changes in
the Preliminary Plat will require, if the Village so determines, the
submission of amended plats or plans, together with proper supporting
documentation, to the Plan Commission and/or the Corporate Authorities for
their consideration and approval. 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 Plat. The Village Manager is hereby authorized to approve such
minor changes as he deems appropriate without the approval of the Plan
Commission or Corporate Authorities.
8. Building Permit Fees. The building permit fees for the Property
shall not be increased by more than the percentage increase in the Consumer
Price Index for the Chicago Metropolitan Area (January, 1986 base year) for
a period of two (2) years from the date of this Agreement. In the event a
conflict arises between the Owners 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.
9. Water Provisions. The Owners shall be permitted and agree to tap
on to the Village water system at points as approved by the Village
Engineer. The Owners further agree to pay to the Village such fees as may
be required by applicable Village Ordinances at the time of the issuance of
the water permits except that permit fees for the Property shall not be
increased by more than the percentage increase in the Consumer Price Index
for the Chicago Metropolitan Area (January, 1986 base year) for a period of
5 258��56
two (2) years from the date of this Agreement. However, this limitation on
fee increases does not apply to fees which are changed by other agencies
which cannot be controlled by the Village. 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 Parcel C in
accordance with the Preliminary Plat except as set forth in Paragraph 27A.
Watermains serving the Property and those approved as part of the
development, shall be installed by the Owners 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.
10. Storm and Sanitary Sewer Provisions.
A. The corporate Authorities agree to provide sewer service to Parcel
C and to cooperate with the Owners and to use their best efforts to aid
Owners in obtaining such permits from governmental agencies having
jurisdiction as may be necessary to authorize connection from the proposed
development to a Lake County Public Works Department facility for the
collection of sewage. The Owners shall construct on-site and off-site
sanitary sewers as may be necessary to service Parcel C, as per EXHIBIT E.
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 Owners agree 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 and except in regards to the Property that
permit fees shall not be increased by more than the percentage increase in
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the Consumer Price Index for the Chicago Metropolitan Area (January, 1986
base year) for a period of two (2) years from the date of this Agreement.
However, this does not apply to fees which are changed by other agencies
which cannot be controlled by the Village.
B. The Owners shall also construct any storm sewers which may be
necessary to service Parcel C, as per EXHIBIT E. Upon installation and
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, or multiple properties, and the Owners agree to
operate and maintain that portion of the storm sewer system located on
Parcel C and not dedicated until such time as said obligations are assigned
to an owner's association, and Owners shall record a covenant to that effect
subject to Village approval within thirty (30) days of the recording of the
Plat of Subdivision. The Village agrees to maintain that portion of the
storm sewer system located in public rights of way (after acceptance) or
located off the Property. The approval of the drainage plan submitted by
the Owners is further subject to the approval of the Illinois Department of
Transportation and the U.S. Army Corps of Engineers. The Corporate
Authorities agree to aid Owners in obtaining such permits as may be
necessary from the Illinois Department of Transportation in order to
implement said drainage plan.
11. Draina e Provisions. The Village Engineer may disapprove any
building site plan not in compliance with the approved drainage plan and if
it does not comply with good engineering practices.
12. Pa ent of Reca ture Fees Owed. The recapture required to be paid
by this Property pursuant to Ordinance #85-61 shall be due and payable upon
final platting of Parcel C.
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13. Security for Public Site Improvements. Security for public site
improvements benefitting Parcel C shall be provided at the time of
approval of the Final Plat of Subdivision and shall be in accordance with
this Agreement, the Development Ordinance as modified by this Agreement, and
the Development Improvement Agreement (EXHIBIT D) as modified by this
Agreement and amended from time to time. Any bonds or letter of credit
issued for public site 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 bonds or letter of credit in order to complete, and have formal
acceptance of, all improvements secured by the letter of credit.
Notwithstanding any provision of the Development Improvement Agreement or
the Village's Development Ordinance, the Village will reduce the balance of
the bonds or letter of credit or other security at periodic intervals of not
less than thirty (30) days and in aggregate amounts of not less than
$100,000.00 on the following terms and conditions:
A. The security for any completed section of sanitary sewers or storm
sewers on which the required infiltration testing and the
"televising" has been completed and approved by the Village
Engineer shall be reduced to a 15% retention.
B. The security for any completed section of water main on which the
required pressure testing, chlorination and bacteriological
testing has been completed and approved by the Village Engineer
and on which an IEPA operating permit has been issued shall be
reduced to a 15% retention.
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C. The security for any completed section of street lighting which is
tested and approved by the Village Engineer shall be reduced to a
15% retention.
D. The security for mass site grading in a given area (including
excavation and filling of individual lots, ditches, swales,
detention areas and lakes) shall be reduced to a 15% retention
upon completion to the lines and grades shown on the approved
Engineering Plans, after disturbed areas have been seeded or
sodded to prevent soil erosion, and after fill areas have been
compacted and approved by the Village Engineer within said area.
E. The security for road excavation, gravel base course, and asphalt
binder course for any given section of road shall be reduced to a
50% retention upon completion of all of the above work to the
satisfaction of the Village Engineer and completion of the
compaction testing of the subgrade, Dynaflect testing, and proof
rolling of the roadway in said section. The remaining security
for said section shall be reduced to a 15% retention upon
completion of the Dynaflect testing and approval of the Village
Engineer.
Security for private site improvements for all Owners of Parcel C shall
be waived and the Village shall continue to waive this provision if
satisfactory performance is observed by the Village. The determination of
this shall be in the sole discretion of the Village.
14. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Owners or the witnesses during the hearing held
before the Plan Commission and the Corporate Authorities prior to the
execution of this Agreement, are hereby incorporated by reference herein,
9 2584'756
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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 Petition for Annexation of Property
=- EXHIBIT C Plat of Annexation
EXHIBIT D Development Improvement Agreement
EXHIBIT E Preliminary Plat
EXHIBIT F Corporate Grove Signage Concept
EXHIBIT G Plat of Survey (existing improvements)
EXHIBIT H Excluded Uses
15. Building. Landsca ing and Aesthetics Plans. Owners will submit
building and landscaping plans (which landscaping plans shall conform to the
requirements of Village Ordinances as amended by this Agreement) for
approval by the Appearance Commission and the Corporate Authorities before
commencing construction of buildings. Future lighting and signage shall be
compatible within the Property. Portions of Parcels A and C not under
construction, completed or being farmed shall be maintained in a reasonably
neat and orderly fashion as determined by the Village Manager. Future
development of Parcels A and B (excluding improvements to or of the existing
use on Parcel B) shall be of the same quality as surrounding adjacent
development in the Village as determined by the Village Manager. Uses as
identified in EXHIBIT H shall not be permitted or special uses on said
parcels.
16. Declaration of Protective Covenants. Owners shall record against
Parcel C a declaration of protective covenants, conditions and restrictions
which shall include provisions which grant the Village the right, but not
the obligation, to enforce covenants or obligations of the owners or owner's
association as defined and provided within the declaration of protective
covenants, and further shall grant the Village the right, upon thirty (30)
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days prior written notice specifying the nature of the default, to enter
upon the real estate described therein and cure such default, or cause the
same to be cured at the cost and expense of the association or the owner or
owners thereof. The Village shall also have the right to charge or place a
lien upon the property of the owner's association for the repayment of such
costs and expenses, including reasonable attorneys' fees incurred in
enforcing such obligations. The declaration shall further provide that
these provisions may not be amended without the approval of the Village.
Prior to recording, the finalized declaration of protective covenants shall
be submitted to the Corporate Authorities for their approval. Said
declaration shall include, but not by way of limitation, the following
covenants and obligations: a) to maintain lakes and drainage system pursuant
to Village Ordinances and in a neat and orderly manner so as not to cause
standing water, conditions of excess sogginess, erosion, odor or other items
determined by the Village Engineer or Health Officer to be detrimental to
the area and b) the same shall apply to the area 20 feet north of the south
Property line of Parcel B.
17. Road Improvements and Right of Way Dedications.
A. Pavement width on Asbury Drive shall be 37 feet from back of curb
to back of curb with a 60 foot right of way.
B. A twenty (20) foot easement along the south side of Aptakisic
Creek shall be granted to the Village by the Owners for bicycle path
purposes.
18. Annexation to the Buffalo Grove Park District. The Owners agree,
at the request of the Buffalo Grove Park District, to annex any part or all
of the Property to said Park District. It is understood that there are no
fees or donations associated with this annexation.
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19. Facilitation of Development. Time is of the essence of this
Agreement, 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 Owners 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.
20. 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.
21. Term of,-Agreement. This Agreement will be binding on all parties
for a term of twenty (20) years from the date of the execution of this
Agreement by the Village. If for any reason the term of this Agreement
shall be held invalid, the term shall be deemed to be the maximum term then
permitted by law, but in no event greater than twenty (20) years. This
Agreement shall not be assigned without prior notice to the Village and upon
said assignment and acceptance by a purchaser, Owners shall have no further
obligations hereunder.
22. Bindin& Effect of A reement. This Agreement shall be binding upon
the parties hereto, their respective successors and assigns.
12 2584'756
23. 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.
24. 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 Owners: Asbury Corporation
and
Michael M. Leider
c/o Leider Companies
3750 W. Deerfield Road
Riverwoods, IL 60015
Copy to: John H. Mays
Gould & Ratner
8th Floor
222 N. LaSalle Street
Chicago, IL 60601
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa
Bloche' , French & Raysa
1140 Lake Street
Suite 400
Oak Park, IL 60301
25. Default. In the event Owners default in their performance of
their obligations set forth in this Agreement, then the Village, shall upon
notice to Owners, allow Owners sixty (60) days to cure the 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.
13 / �
26. Signs. The parties recognize the unique nature of the proposed
development, and the need for the Owners and subsequent owners of the
Property to design and install signage representative of the proposed
development, the types of facilities located thereon and the community
generally. Accordingly, the Village and Owners agree that the Village's
Sign Ordinance and all subsequent amendments thereto shall not apply to the
Property except as provided in EXHIBIT F, and that for the first phase of
Parcel C all signs must be reviewed and approved by the Village Manager in
lieu of the Village's Sign Code and Appearance Commission review. The sign
code shall be replaced by "The Corporate Grove Signage Concept" (EXHIBIT F) .
This procedure shall continue for the remainder of the Property if
satisfactory performance is observed by the Village. The determination of
this shall be in the sole discretion of the Village. If satisfactory
performance is not observed by the Village, the Village and Owners agree to
develop and approve a mutually acceptable revised design standard for
signage on the Property. Existing signage on the Property shall be allowed
to remain.
27 Special Conditions. Notwithstanding any other term or condition
of this Agreement or Village Ordinances, the Property may be developed with
the following special conditions and variances:
A. Owner may install a 4" water line from Parcel C to service the
existing development within Parcel B north of Aptakisic Creek and at such
future time as service is available to the north portion of the Property,
Owner may connect to that main at Owner's expense in order to service the
north portion of the Property and in any event shall connect at the time of
development or redevelopment of the balance of the Property. Village shall
cause the owner of the real estate to the east of the Property (commonly
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known as the Klefsted Property) upon subdivision of the Klefsted Property to
extend a 10" sewer line from the Village facilities to be installed north of
Aptakisic Creek to the Property, or in the alternative, the Village will
obtain all easements necessary to enable the Owner to install such a line.
That portion of the cost of such line which solely benefits the Property
shall be borne by the Owner. There shall be no other charge for such tap-in
except customary tap-in fees.
B. In regards to Parcel B, notwithstanding any provision of the
Village Zoning Ordinance, the Village Development Ordinance, Village
Building Codes, or any other Village Ordinance now in effect or adopted
during the term of this Agreement in conflict herewith, the Village agrees
that all structures and improvements currently located on the Property shall
not be subject to Village building, health, safety, and fire codes until
such time as improvements or repairs are made to said structures, however,
all Lake County Ordinances shall be complied with. All improvements and
major repairs to said structures which requires a building permit or change
in uses shall be subject to all Village Ordinances provided, however, any
permit issued by Lake County prior to annexation shall be honored and any
work thereunder may be constructed in accordance with Lake County Ordinances
rather than Buffalo Grove Ordinances.
C. ZONING ORDINANCE VARIATIONS. The following variations are hereby
granted to Parcel C only:
1. Section 17.48.020.E. To allow Parcel C to be subdivided into
20,000 (minimum) square foot lots with a minimum 50 foot frontage and
covenant that no single site will be less than 40,000 square feet.
2. Section 17.48.020.F.6. Owners will not be required to
construct a fence or berm and/or be subject to current Village setback
limitations adjacent to any residentially zoned property. The setback
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requirements shall conform with interior lot requirements in the I
(Industrial) District.
D. DEVELOPMENT ORDINANCE VARIATIONS. Procedural Items (Parcel C
only) :
1. Section 16.20.060.A.2. Detailed site grading plans will be
provided at time of building permit application.
E. DEVELOPMENT ORDINANCE VARIATIONS. Drainage Items (Parcel C only) :
1. Section 16.50.030.D. 17.a. and b.i. and b.ii. The Village
will permit open drainage channels for conveyance of storm water on private
property if privately maintained and provided that a covenant for
maintenance satisfactory to the Village is obtained. The Village does
hereby waive requirements in its Development Ordinance requiring 6: 1 side
slopes and an 8 foot minimum width paved access road adjacent to a channel.
2. Section 16.50.040.D. The Village does hereby waive its
requirements that no structure be built within twenty-five (25) feet of a
detention facility and will permit structures to be built immediately
adjacent to a detention facility.
F. DEVELOPMENT ORDINANCE VARIATIONS. Right of Way (Parcel C only) :
1. Section 16.50. 120.I. 1 .e. The Village agrees that trees may
be planted in groups rather than at a uniform spacing in parkways, detention
areas and on individual lots.
2. Section 16.50.120.D. 1. Unpaved rights-of-way areas,
detention area banks and drainage easements may be seeded rather than
sodded.
3. Section 16.50.100.C. The Village will permit roadway
lighting standards to be located at 500 foot maximum spacing in accordance
with the Final Engineering Plan.
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4. Section 16.50.070.D.2. The roadway shown on the preliminary
plan will be 37 feet back to back of curb with a 60 foot right of way. No
parking shall be allowed on said streets.
5. Section 16.50.080.A. 1. and 16.50.090. The Owners will not be
required to construct sidewalks or bike paths on Parcel C. However, a 20
foot easement adjacent to the north and south bank of Aptakisic Creek will
be provided for maintenance and drainage. The easement on the south bank
may be used for sidewalks or bike paths.
6. Section 16.50.080.A. 1. Owners will be permitted to construct
berms within parkway areas of the public rights-of-way provided no berm
located over a watermain, sanitary sewer or storm sewer exceeds a height of
three (3) feet above the curb level.
G. FLOOD PLAIN ORDINANCE VARIATION. The Village will permit
excavation within 100 feet of the center line of Aptakisic Creek pursuant to
EXHIBIT E.
H. The following uses shall be allowed on Parcel B:
1. greenhouses and related uses
2. wholesale and retail growers and suppliers of plants and
related materials
3. plant rentals
4. nurseries and related uses
5. general horticultural uses
6. farming
I. The Owner acknowledges that a 16" DIWM is required on the frontage
of Parcel A along Aptakisic Road. The Owner agrees that the installation of
said 16" DIWM is the responsibility of the Owner and will be constructed in
conjunction with the development or redevelopment of either Parcel A or
Parcel B.
17
258�ass
a .
V
J, Owners shall improve Asbury Drive south of the Property to
Corporate Grove Drive.
IN WITNESS WHEREOF, the Corporate Authorities and the Owners 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.
VILLAGE OF BUFFALO GROVE
VERNA L. CLAYTON, Village , esident
,Vil e Gl flt'e
OWN
/'
t /J
SUBJECT PROPERTY LEGAL DESCRIPTION: That part
27, Township 43 North, Range 11 East of the
as follows, to wit: Th�rdthe Principal MerzNorthwest 'dian described
Commencing at a point on the south line of the northwest
114 aforesaid, said point being 571.75 feet east of the southeast corner of
the west 1/2 of the west 1/2 of the 4;northwest 1
feet to a thence northerly 2630.63
Point on the center line of Aptakisic Road, said point being 156.95
feet easterly of the intersection of said center line o f road with the north
line of the northwest 114 of Section 27, Township and Range aforesaid; thence
easterly along the center line of said Aptakisic Road, 769.57 feet; thence
southerly 2527.0 feet to a
Point on the south line of the northwest 1/4 of.
said Section 27, said paint being 571,,'S feet Cast of the
Poinof
thence west along said south line of the northwest 1/4, 571.75t feet bto=theng;
part thereof taken for Aptakisic Road, all in Lake County, Illinois.
Place of beginning. Excepting therefrom the above described property that
ATTEST:
258�►�56
18
EXHIBIT "A"
That part of the Northwest ij4 of Section 2i , Township
43 North, Range 11 East of the Third Principal Meridian
described as follows, to wit: Commencing at a point on
the South iine of the Northwest 1j4 aforesaid, said
point being 51l . 75 feet East of the Southeast corner of
the West 1j2 of the West 1%2, of the Northwest i/*4;
thence Northerly 2,6.i0 .6.5' feet to a point on the center
line of Aptakisic Road , said point being i56 .95 feet
Easterly of the intersection of said center line of rood
` with the North Line of the Northwest 1/4 of Section 2-1 ,
Township and Range aforesaid; thence Easterly along Lhe
center line of said Aptakisic Road , 169 .57 feet; thence
Southeriy 2521 .0 feet to a point on the South line of
the Northwest 1' /4 of said Section 27 , said point being
57� . 'j5 feet East of the point of beginning; thence West
along said South line of the. Northwest 1/4 , 51l . '/5 feet
to the place of beginning . Excepting therefrom the
above described property that part thereof taken for
Aptakisic Road, all in Lake County, liiinois.
97
0
2584756
LAY; ',1,`v l t', I
u�
1981 JUN 30 A,"' 9: 57
STATE OF ILLINOIS L'n
) 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. 87-35 adopted on the 27th day of
April , 19 87 , 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 26th day of June
19 87
Village Clerk
1
y
Deputy ClerK
:�3