1994-032 6/W94
4
ORDINANCE NO. 94- 32
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT
t Milbro. Ltd. Property, South side of Illinois Route 22
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of
1970; and,
WHEREAS, there has been filed with the Lake County, Illinois Clerk of the Circuit Court a proper
petition pursuant to and in accordance with provisions of Section 5/7-1-2 of the Illinois Municipal Code to annex
certain territory legally described in Exhibit A hereto to the Village. There has been filed with the Village Clerk
a copy of the Court Order had in said proceeding; 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 B 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.
i,
AYES: 4 - Marienthal, Rubin, Braiman, Hendricks
NAYES: 0 - None =�
. _ W
ABSENT: 2 - Reid Kahn77
O
PASSED: -,June 6: 1994 APPROVED: June 6. 1994
0 >'
ATTEST: '
APPROV -
} . 1 6 ,
Village Clerk ;:�'/ ��� , `JSIDNEY THIAS,Village President
•` EXHIBIT A
MILBRO, LTD.
ANNEXATION AGREEMENT
Trust No. 59576 ,
That part of the Northwest Quarter of Section 27,Township 43 North,Range 11,
East of the Third Principal Meridian, described as follows:
Commencing at the Southwest corner of said Northwest Quarter, thence North
35.70 chains along the Quarter section line to a point in road bed, 4.37 chains
South of the Northwest corner of said Section; thence North 79 degrees East
along road, 11.13 chains; thence South 20 minutes West, 38 chains to the
South tine of said Northwest Quarter;thence West 11 b3 chains to the Place of
Beginning, (excepting therefrom that part described as follows: Beginning at
a point In the West line of said Northwest Quarter,said point being 1442.91 feet
North of the Southwest comer of said Northwest Quarter, thence East
perpendicular to'said West line, 250.0 feet; thence North along a line parallel
with the West line of said Northwest Quarter to the centerline of Route 2¢;
-thence Southwesterly along said centerline to the West line of said Northwest
Quarter; thence South along said West line to the Place of Beginning), in Lake
County, Illinois;
Also excepting therefrom any part previously annexed by any Municipality; and
except that part described as follows:
Commencing on the South line of the Northwest Quarter of said Section 22, a
distance of 11.03 chains (727.98 feet) East from the Southwest corner of said
Northwest Quarter,thence North 0 degrees 20 minutes 00 seconds East, along
a line which extended Northerly intersects the old center line of State Route 22
(Half Day Road) at a point 11.13 chains (734.58) feet) East of the West line of
said Northwest Quarter, as measured along said center, a distance of 800.00
feet to the point of beginning; thence continuing North 0 degrees 20 minutes
00 seconds East, a distance of 1282.30 feet; thence North 89 degrees 40
minutes 00 seconds West. a distance of 160.00 feet; thence South 00 degrees
20 minutes 00 seconds West, a distance of 1282.20; thence South 89 degrees
40 minutes 00 seconds East, a distance of 160.00 feet to the point of beginning
of said exception, in take County, Illinois.
Trust No. 93914
That part of the Northwest Quarter of Section 22,Township 43 North, Range 11,
East of the Third Principal Meridian, described as beginning on the'South line
of said Northwest Quarter, Section 22 at a point 11.03 chains East from the
Quarter section corner, thence North 0 degrees 20 minutes East 1842.3 feet to
the Southwest corner and point of beginning of this description; thence North
0 degrees 20 minutes East 651 feet to a point In the road bed as traveled in the
year of 1885 and 38 chains North from the South line of said Northwest Quarter
of Section 22; thence North 79 degrees East along said Route, 254 feet;thence
South 0 degrees 20 minutes West 699 feet;thence West 258.7 feet to the Place
.of Beginning in take County, Illinois; excepting also the South 240.0 feet
thereof; -
Also including all that part of the right-of-way of Illinois Route #22 (Hair Day
Road) lying North of said parcel, and tying between the Northerly extensions of
the East and West property lines of said parcel;
Excepting therefrom any part previously annexed by any' Municipality; all in
Lake County, Illinois:
36U�1�'U •
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 32.9-acre tract
on the south side of Illinois Route 22 across from Holtz Road and Stevenson High
School
' r
6/6/94(A)
MILBRO, LTD.
_ South side of Illinois Route 22 across from Holtz Road
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and entered into
this 6th day of June, 1994, 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
American National Bank and Trust Company of Chicago, as Trustee under Land Trust No. --
53914 and Land Trust No. 59576 at American National Bank and Trust Company of
Chicago, (hereinafter referred to as "Owner").
WITNESSETH:
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit b virtue
Y of the
provisions of the Constitution of the State of Illinois of 1970; and,
WHEREAS, Milbro, Ltd., an Illinois Partnership, is the beneficiary of Land Trust No.
53914 at American National Bank and Trust Company of Chicago and Jack Miller and
Harvey L. Miller as Trustees are the beneficiaries-of Land Trust No. 59576 at American
National Bank and Trust Company of Chicago; and,
WHEREAS, Owner is the owner of a certain tract of property comprising 32.423
acres 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 adjacent to
the property, is attached hereto as EXHIBIT B, which depicts a total area of 32.908 ac
res
to be annexed (hereinafter referred to as the "Property"); and,
WHEREAS, Owner desires and proposes pursuant to the provisions and
regulations applicable to the Industrial District of the Village Zoning Ordinance to annex
the Property to the Village.
WHEREAS, pursuant to the provisions of Section 5111-15.1-1 et. seq., of the Illinois
Munici al Code (Chapter 65, Illinois Compiled Statutes 1992) and as the same may have
been modified by the Villages 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, he Plan Commission
. t ion of the
Village has held a public hearing and made their recommendations with respect to p the
re +ested.. �}�g classification of the Industrial District; and,
-- --"=• RAS, The President and Board of Trustees after due
and careful
consideration-have concluded that the annexation of the Property to the Villa a and its
zcn►n5 MTC-development on the terms and conditions herein set forth would further enable
tillage tQ control the development of the area and would serve the best in
terests of the
Village.
NOW, THEREFORE, in consideration of the premises, mutual covenants and
agreements herein set forth, the parties hereto agree as follows:
2
1 Applicable Law This Agreement is made pursuant to and in accordan
ce 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 b the Village's
_--
Y illage's
Home Rule powers. The preceding whereas clauses are hereby made a art of
P this
Agreement.
2• A reement: Coinoliance and Validit The Owner has filed with the Lake
County, Illinois Clerk of the Circuit Court a proper petition pursuant to and in accordan
ce
with provisions of Section 5/7-1-2 of the Illinois Municipal Code (Chapter 65 Illinois _
Compiled Statutes 1992) to annex the Property to the Village. The Owner
has filed with
the Village Clerk a copy of the Court Order had in said proceedings. It is understood and
agreed that this Agreement in its entirety, 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 'm .__..��._�. .
the Industrial District, 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 EXHIBI
T
B).
4. Enactment of Zonin 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 Industrial District subject to the
3
�i
restrictions further contained herein and all applicable ordinances of the Village
g of Buffalo
Grove as amended from time to time.
5 Approval of Plans Prior to development of the Property, Owner shall submit
for Village approval, a Preliminary Plan, a Development Plan and plats of subdivision
pursuant to requirements of the Buffalo Grove Development Ordinance, the Buffalo Grove
Zoning Ordinance and all other applicable Village ordinances. The Development Plan
shall:
_ (a) conform to the approved Preliminary Plan, and
(b) conform to the terms of this Agreement and all applicable Villa e
Ordinances as amended from time to time; and g
(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 wi
th
applicable_Village_ordinances, and shall conform to the phases of the development as
shown on the approved Preliminary Plan.
6. Com liance with A licable 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 Propertybut shall all
be equally applicable to all property similarly zoned and situated to the greatest ext
ent
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.
4
36613170
r�J
7. Amendment of Plan. If the Owner desires to make changes in the
Preliminary Plan, the parties agree that such changes in the Preliminary Plan 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 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 ded 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 floor area proposed for nonresidential
.----- .use; nor (c) increases by more than two percent (2%) the total ground area covered by
buildings.
$. Buildin 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 greatest extent possible. In the event a conflict arises between the
Owner 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 shall pay any non-discriminatory new or additional fees hereinafter charged by the
Village to an owner of property within the Village.
5
9- Water Provision. The Owner shall be permitted and agrees to tap on to the
Village water system at points recommended by the Village Engineer which points sh
all
hall
be identified on the Preliminary Plan submitted by the Owner for Village ap roval.
P The
Owner agrees to pay to the Village such fees in accordance with the applicable Village
-Ordinances atthe time of the issuance of the water and sewer permits. The Owner agrees
to accept any increase in water rates and tap on fees provided such rates and fees apply
PP Y
consistently to all other similar users in the Village to the greatest 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 Owner and except for service connectio
ns to the
buildings shall, upon installation and acceptance by the Village through formal acce tance
P
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 Sanita Sewer Provisions.
A. The Corporate Authorities agree to cooperate with the Owner and to
use their best efforts to aid Owner in obtaining such permits from governmental agencies
having jurisdiction as may be-necessary to-authorize connection from the ro osed
P P
development to the Lake County Department of Public Works for the collection of sewa .
9�
and to the Illinois Department of Transportation as may be appropriate. The Owner shall
construct on-site and off-site sanitary sewers as may be necessary to service the Property,
and said sewers shall be. identified on the Preliminary Plan submitted by the Owner for
6
• 36�;�1sU.
�, f
Village approval. Upon installation and acceptance by the 'Village th
rough hrough formal
acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate
and maintain such systems, except for sanitary sewer service connections. The Owner
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 greatest extent
possible.
B. The Owner shall also construct on the Property in question any storm
_ sewers which may be necessary to service the Property, and said sewers shall be
identified on the Preliminary Plan submitted by the Owner for Village approval. Upon T
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, or'multiple
properties, and the
Owner agrees to operate and maintain that portion of the storm sewer system located on
the subject Property and not dedicated, and shall record a covenant to that effect within
thirty (30) days of the recording of the Plat of Subdivision.
11. Draina e Provisions. The Owner shall fully comply with any, reque e of the
Village Engineer related to the placement of buildings on lots, to preserve rve drainage
standards. The Owner shall install any storm sewers and/or inlets which are required to
eliminate standing water or conditions of excess sogginess which may, in then opin on of
the Village Engineer, be detrimental to the growth and maintenance of lawn grasses.
12. Pa ment of Reca tore Fees Owed. Recapture for sanitary sewer shall
include all downstream sewers to which the Property is tributary and notwithstanding the
7
fact that the Property may not be specifically noted in the benefit
area in the recapture
ordinance(s) of record. Said recapture shall be paid to the Village upon final platting of -
the first plat of subdivision for any portion of the Property. The per acre fee charged for
r
said recaptures shall be consistent with other properties within the benefit area.
13. Securit for Public and Private Site Im rovements. Security for public and
private site improvements shall be provided in accordance with the Development
Ordinance. 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
•�`�� .�-- of the letter o amount
..•v�-.: ;._. f credit in order to complete, and have formal acceptance of all
improvements secured by the letter of credit.
14. Ri ht-of-Wa Dedication. At the request of the Village, but no later than
upon final platting of the first plat of subdivision of the Property, Owner shall dedicate right-
of-way along the south side of Illinois Route 22 to achieve a maximum right-of-way of 77
feet from the centerline of said road as required by the Illinois Department of
Transportation.
15. Qxhibits. The following EXHIBITS, some of which were presented in -
testimony given by the Owner 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
8
3ss31.:o
`I
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 dated May 16, 1994 by Midwest
-- Technical Consultants, Inc.
16. Buildin Landsca in and Aesthetics Plans. Owner 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. Phases not under construction or completed
shall be maintained in a neat and orderly fashion as determined by the Village Manager.
17. Declaration of Covenants Conditions and Restrictions. The Property shall
be subject to a declaration of covenants, conditions and restrictions ("Declaration") which
shall include but not by way of limitation a provision whereby the Village shall have the
right, but not the obligation, to enforce covenants or obligations of the Owner or
association of the Property as defined and provided within the Declaration and further shall
have the right, upon thirty(30) days prior written notice specifying the nature of a default
to enter upon the Property and cure such default, or cause the same to be cured at the
cost and expense of the Owner or association of the Property. The Village shall also have
the right to charge or place a lien upon the Property for repayment of such costs and
expenses, including reasonable attorneys' fees in enforcing such obligations.
The Declaration shall include, but not by way of limitation, covenants and
obligations to own and maintain the stormwater and drainage system as depicted on the
9
{ s
Preliminary Engineering Plan when said plan is approved by the Village. Declaration shall
.also include the obligation that the association or lessees shall provide snow removal of
private driveways, parking spaces, and public sidewalks and shall store exce�ss snow in
appropriate off-street locations, and shall not in any way impede the Village's snow
now
removal operations on public streets.-
The Declaration shall be submitted to the Village for review and approval and sh
all
further provide that the provisions relative to the foregoing requirements
may not be
amended without the prior approval of the Village.
18• Annexation to the Buffalo Grove. Pa►ic District. Owner agrees, at the re
of the Buffalo Grove Park District, to annex an quest
y part or all of the Property to said Park
District in the manner and to the extent provided by applicable law.
. . 19. Facilitation of Develo nient. Time is of the essence of this Agreement
all parties will make every reasonable effort to expedite the s � and
subject matters hereof. It is
further understood and agreed that the successful consummation of this Agreement
the development of the Property in the best interests of g Bement and
all the parties requires their
continued cooperation. The Owner does hereby evidence its intention to full
all Village requirements, its willingness to discuss an matt Y comply with
Y matters of mutual interest that may
arise, and its willingness to assist the Village to the fullest extent possible. Th
e 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 .p ed by the
Provisions of this Agreement.
10
20. Enforceabilit 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 the 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 herefro
m
and the invalidity thereof shall not affect any of the provisions contained herein.
21. 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
b the g e assigned without prior written consent of the
,ills e._This A .9 reement shall not b
Village,
e unreasonably which consent shall not b
-- Y withheld or delayed. -
22. Bindin Effect of A reement. This Agreement shall be binding upon the
Property, the parties hereto and their respective successors and assigns. -
~- - — 23. —_Cor orate Ca acities. .._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. Not ices. 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: Jack Miller and
Harvey L. Miller
100 Schelter Road
Lincolnshire, IL 60069
11
.�6 fi;
Copy to: Edward E. Yalowitz, Esq.
55 East Monroe Street, Suite 4100 -
Chicago, IL 60603
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
—=. Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Raysa & Skelton
1140 Lake Street, Suite 400
Oak Park, IL 60301
25. Dew
A. In the event Owner defaults in its performance of its obligations set
forth in.this Agreement, then the Village, may upon notice to Owner allow Owner sixty (60)
days to cure said 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 fails to cure such
default or provide such evidence as provided above, then, with notice to Owner,
the
Village may rezone such Property or portion thereof to the R-E District classification. In
such event, this Agreement shall be considered to be the petition of the Owner to rezone
the Property or such portion of the Property thereof to the R-E District classification.
B. The parties further agree that they may, in law or in equity, by suit -
,
action, mandamus, or any other proceeding, including, without limitation, specific
performance, enforce or compel the performance of this Agreement; provided, however
that Owner agrees that it will not seek and does not have the right to seek to recover a
12
judgment for monetary damages against the Village or any elected or appointed officials
agents, representatives, attorneys, or employees thereof on account of the negotiation,
execution, or breach of any of the terms and conditions of this Agreement.
26. Litigation.
A. The Owner at its cost, shall be responsible for any litigation which may
arise relating to the annexation, zoning and development of the Property except for any
litigation arising out of any default by the Village under this Agreement. Owner shall
cooperate with the Village in said litigation but Owner's counsel will have principal
responsibility for such litigation. -
B. The Owner shall reimburse the Village for reasonable attorneys' fees,
expenses and costs incurred by the Village resulting from litigation relating to annexation,
__.zoning and development of the Property as set forth in Paragraph 26.A above or in the
enforcement of any of the terms of this Annexation Agreement upon a default by the
Owner.
C. Owner hereby indemnifies and holds the Village harmless from any
actions or causes of action which may arise as a result of development activities for which
the Owner is responsible.
27. S ecial Conditions.
A. Owner shall construct or cause the construction of pavement
improvements to Illinois Route 22 as approved by the Village and the Illinois Department
of Transportation (IDOT) to provide efficient traffic movements into and out of the Property.
Said improvements shall be done in conjunction with any development of the Property as
13
,,J
approved by.the Village. Said improvements shall include streetlights, Parkwaytrees sand
a sidewalk pursuant to the Village Development Ordinance. —
. B. Owner shall pay or provide for the local share of any warranted traffic
signal on Illinois Route 22 adjoining the Property.
C. Owner shall pay a fire protection equipment impact fee of$0.75 per
gross square foot of all buildings constructed on the Property. Said fee shall be paid on
a pro rats basis at issuance of building permits.
D. Access to Illinois Route 22 is restricted to a street built to
the
standards of the Village Development Ordinance. No driveways serving individual lots
shall have direct access to Route 22. The Corporate Authorities agree to cooperate p with
the Owner and to use their best efforts to aid Owner in obtaining such permits from .
m the
Illinois Depariment of Transportation as may be necessary to authorize access to Route
22 from the Property.
E. All water wells and septic sewer facilities on the Property shall be
properly sealed or pumped and filled as required by the Illinois Department of Public .
Health and as approved by the Village Health Officer. All underground tanks shall be
removed as permitted and approved by the Illinois State Fire Marshal.
F. All buildings, structures, vehicles, junk and debris on the Property
shall be removed prior to any development of the Property. If, in t
he period prior to
development of the Property, the Village determines that buildings or other objects
to be removed from the Property to prevent health or nu' 1 cts need.
nuisance problems, Owner shall
comply pursuant to a schedule and direction from the Village.
14
� o
If the Village so directs, Owner shall allow the Village to use such buildings
or structures on the Property for fire training purposes. Owner shall be responsible for
removing the remains of said buildings and structures from the Property. The Village shall
provide an appropriate hold harmless and indemnity agreement to the Owner.
G. The removal or relocation of any trees or plant material on the
Property is subject to approval by the Village. Prior to any site grading or site preparation
work on the Property, Owner shall obtain approval of a tree preservation plan by the
Village.
H. Owner shall construct an 8-foot wide sidewalk on the south side of
Illinois Route 22 adjoining the Property and extending west to the 8-foot sidewalk to be
constructed as part of the development of the Quill property provided that an easement or
right-of-way is available for said sidewalk construction. Said sidewalk const
ruction shall
occur at the time of development of the Property.
1. The Village acknowledges that the Preliminary Engineering Plan for
the Quill Property depicts water and sanitary sewer lines at the southeast corner of the
Quill Property and adjacent to the Property.
J. The Village acknowledges that the Property is being used for
agricultural purposes and that such use may continue until development of the Property.
IN WITNESS WHEREOF, the Corporate Authorities and Owner 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.
15
VILLAG BUFFALO GROVE
r
SIDNEIL". MATHIAS, Village President
ATTEST:
yl 1
Villa 9e
This
eeiinstrument isexeCutadtYMaunder"�iiaj °,' OWNER - American National Bank and
Truslea ir,the sxa;vise o1,he � � �K��f e,no'�ars'�•'�':Y but scieh,,as Trust
x'sr;
r 0=10°. It is rxr(,g undar�s�o iyul auihon. �r1 v xied in it as arch Company of Chicago as Trustee
Win,^U efStj: ar_�"fir ' 'MI Of L-V wwanc�s in ,s, No. 53914 under Land Trust
T _ 3!xj Or k �tA�: i
rusia��raunde-pis. ;-. s .fir&h2li.ni crs
�i• aiy'ini1;C r rg c+- ,,�; Cf 1 F?a?iofih0
or e, n', �y rts nra pa am.,!iy.Nopersonal
}: so, i ;c pciC;iiy is asti rrsd
rlh, ebie against the T:LIS"cam on.• 1 'dr shag at; tMe
3CMJrl of any i. a^eer sci or
'o enant,Urp,-rI` jn or aF.-a r YJaRnC},tndc[ P.;�',rE}]fC5entatlen,9 nant of.ho Tr•staee In Niis insin;nz,;t.
By
ATTEST:
S cond Vice President
A SI Ai T Si_CRETA y ,
This instrument is exKxuted by the unde,,fgj + ;n1 Tr;^�Fa �, ER Trustee in the axer i PEA G J'/c.: —
Cse of the pone:end a'- 4 ro ;5 rr: L,�ORI
rrwt:e. ii is �Y , , ,, ,t.�,:ii12��, N American National Bank and Trust:r5 ty undc�rsh.;�}and ;n ; ? -i _, ..I . parry of Chicagoas Trustee
r2p�c.:,:1_ii.'. :,n „� - :(! W2f• 'Q:_y. CA:bS:f:-:yei- d
'9';fi3i!�,i.,:�, •f:,nc5;,r —,a:. �j1IJJrust 576 under Lan
if�3i:i:.^i:i:•h7;.^i:.�a:i�i`!i:•�:)�f81��^^i'r',:� _ ', -.. �",
i'9r h,y 0, LJrK;.`.,TW,
G .tNicEti.0 d?.^•:ft<t lhC i fu'_�:w; :'•^, :"_" s:2;f•!i 1 9f
`-�'•L�'��:.�Pi'�r,c.� �(`0"c`Lu?- '•!':.!G:;,J'~�,�^f :;3�' � •..:(;�. •:,�',fSri';.bCOS'!iJn,
By
ATTEST:
16
36 f;az rto r
EXHIBIT A
Milbro, Ltd.
Trust No.
" 59..76
That part of the Northwest Quarter of Section
Townsp
East of the Third Principal Meridian, described as follows 43 North, Range 11,
Commencing at the Southwest corner of said Northwest Quarter
- N
35.70 chains along the Quarter section line to a point in road bed, -37 ort't
South of the Northwest corner of said Section; thence North 79'degrees East
37 chains
along road, 11.13 chains;. thence South 20 minutes We
South line of said Northwest Quarter thence West 11.103 chains to the Place of
Beginning, (excepting therefrom that part described as follows:
a Point In the West tine of said Northwest Quarter,said point being Beginning2_ 1fat
of the Southwest corner of said Northwest Quarter, Ze feet
perpendicular to said West line, 250.0 feet; thence North al thence East
with the West line of said Northwest Quarter to the centerline of Route 2e;
g a line parallel
thence Southwesterly along said centerline to the West line of said Northwest
Quarter; thence South along said West line to the Place of Beginning), in Lake
County, Illinois;
Also excepting therefrom any part previously annexed by any Municipality
.__.except that part described as follows: ; and
Commencing on the South fine of the Northwest Quarter of said Section t
--distance of 11.03 chains (727.98 feet) East from the Southwest corner of said
Northwest Quarter, thence North 0 degrees 20 minutes 00 seconds East, along
a line which extended Northerly intersects the old center line of State Route 2_'
(Half pay Road) at a point_11.12 chains (734.58) feet
said No ) East of the West line of
Northwest Quarter, as measured along said canter, a distance of 800.00
feet to the point of beginning; thence continuing North 0 degrees �0
00 seconds East, a distance of 1282.30 feet; thenco North
minutes
CO seconds West, a distance of 160.00 feet; thence 89 decrees 40
20 minutes 00 seconds West, a distance of 12E2.30; t.'tencc South 0
40 minutes 00 seconds East, a distance of 160.00 feet to the 0 degrees
South 89 degrees
Of said exception, in Lake County, Illinois. Point of beginning
Trust Na. 53914
That part of the Northwest Quarter of Section 22,Township North,`1orth, Rance 11,
East of the Third Principal Meridian, described as beginning on 0`te South line
Of said Northwest Quarter, Section 2-2 at a point I begin
Quarter section corner;-thence North 0 deg 1.03 chains Est frast fr fee
om the
rees 20 minutes East 1
the Southwest corner and point of beginning of this description; thence Nortto
h
0 degrees 20 minutes East 651 feet to a point In the road bed as traveled in the
year of 1886 and 38 chains North from the South fine of said Northwest Quarter
of Section 22; thence North 79 degrees East along said Route,
South 0 decrees 20 minutes West 699 feet; thence West 25 254 feet; thence
•of Beginning in take County, Illinois; excepting also the
feet to the Place
thereof; South
. 240.0 feet _
Also including all that part of the right-of-way of Illinois u,,.,
Da
Road) lying North of said parcel, and lying between the Route ,.�
the East and West rc a Northert e t (Hilts of p p rty lines of said parcel; Y xtensicns of
Excepting therefrom any part previously annexed by any ?,iunicip�l; al
Lake County, Illinois.
ty, fin
SUBJECT PROPERTY COMMON DESCRIPTION: The a G�
s Route 22 across from Holtz Road
32•g-acre tract
on the south side of Illinois d and Stevenson High
. �"�
w�
i�1�,