1990-012 2/28/90
ORDINANCE 90- 12
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT
Mormon Church/Fiore Triangle - Port Clinton Road/Prairie Road
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of
the Illinois Constitution of 1970; and,
WHEREAS, there has heretofore been submitted to the Corporate
Authorities of the Village of Buffalo Grove a petition to annex the property
legally described in Exhibit A hereto; and,
WHEREAS, there has been submitted to the Corporate Authorities of the
Village of Buffalo Grove an Annexation Agreement; and,
WHEREAS, proper and due notice of the public hearing on said Annexation
Agreement and Zoning has been given and a public hearing was held; and,
WHEREAS, it is determined to be in the best interest of the Village of
Buffalo Grove to approve said Annexation Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS:
Section 1. The Annexation Agreement, a copy of which is attached hereto
and made a part hereof as Exhibit A, is approved.
Section 2. The President and Clerk of the Village are hereby authorized
to execute said Agreement on behalf of the Village of Buffalo 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: b - Marienthal Glover Reid Shifrin Mathias O'Malley
NAYES: 0 - None
ABSENT: 0 - None
PASSED: March 5 1990
APPROVED: March 5 1990
APPROVED-
VERNA L. CLAYTON, Village Preside
ATTEST:
I I'll- I Y) ,
Vill4g.* Clerk
EXHIBIT A
MORMON CHURCH/FIORE TRIANGLE
Annexation Agreement
March 5, 1990
LEGAL DESCRIPTION
PARCEL A
THAT PART OF LOTS 31 AND 33 (SOMETIMES KNOWS AS THE EAST 1/2 OF THE SOUTHWEST
1/4) OF SCHOOL TRUSTEES' SUBDIVISION OF SECTION 16, TOWNSHIP 43 NORTH, RANGE
11, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 16 AFORE-
SAID: THENCE SOUTH 0 DEGREES 13 MINUTES 57 SECONDS WEST ALONG THE EAST LINE
OF SAID SOUTHWEST 1/4 A DISTANCE OF 429.00 FEET: THENCE WEST PARALLEL WITH
THE NORTH LINE OF SAID SOUTHWEST 1/4 A DISTANCE OF 464.00 FEET: THENCE NORTH
60 DEGREES 00 MINUTES 00 SECONDS WEST 96.91 FEET: THENCE WEST PARALLEL WITH
THE NORTH LINE OF SAID SOUTHWEST 1/4 A DISTANCE OF 270.81 FEET MORE OR LESS
TO THE NORTHEASTERLY LINE OF THE RIGHT-OF-WAY OF THE WISCONSIN CENTRAL
RAILWAY COMPANY: THENCE NORTH 21 DEGREES 08 MINUTES 25 SECONDS WEST ALONG
SAID NORTHEASTERLY LINE 408.00 FEET TO THE POINT OF INTERSECTION WITH THE
NORTH LINE OF THE SOUTHWEST 1/4 OF SECTION 16 AFORESAID: THENCE EAST ALONG
SAID NORTH LINE A DISTANCE OF 967.63 FEET TO THE HEREIN DESIGNATED POINT OF
BEGINNING, ALL IN LAKE COUNTY, ILLINOIS AND INCLUDING ANY ADJACENT UNINCOR-
PORATED STREETS AND HIGHWAYS;
PARCEL B
THAT PART OF LOTS 31 AND 33 (SOMETIMES KNOWN AS THE EAST 1/2 OF THE SOUTHWEST
1/4) OF SCHOOL TRUSTEES' SUBDIVISION OF SECTION 16, TOWNSHIP 43 NORTH, RANGE
11 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 429.00 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTH-
WEST 1/4 OF SECTION 16 AFORESAID: THENCE PARALLEL WITH THE NORTH LINE OF SAID
SOUTHWEST 1/4 A DISTANCE OF 464.00 FEET: THENCE NORTH 60 DEGREES 00 MINUTES
00 SECONDS WEST 96.91 FEET: THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID
SOUTHWEST 1/4 A DISTANCE OF 270.81 FEET TO A POINT WHICH IS 408.00 FEET
SOUTHEASTERLY OF THE NORTH LINE OF THE SOUTHWEST 1/4 OF SECTION 16 AFORESAID
(AS MEASURED ALONG THE NORTHEASTERLY LINE OF THE RIGHT-OF-WAY OF THE
WISCONSIN CENTRAL RAILWAY COMPANY) : THENCE SOUTH 21 DEGREES 08 MINUTES 25
SECONDS EAST ALONG SAID NORTHEASTERLY LINE A DISTANCE OF 1629.49 FEET: THENCE
NORTH 68 DEGREES 51 MINUTES 35 SECONDS EAST A DISTANCE OF 50.00 FEET: THENCE
CONTINUING SOUTH 21 DEGREES 08 MINUTES 25 SECONDS EAST ALONG SAID
NORTHEASTERLY LINE A DISTANCE of 489.68 FEET TO THE POINT OF INTERSECTION
WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 16 AFORESAID: THENCE NORTH
0 DEGREES 13 MINUTES 57 SECONDS EAST ALONG SAID EAST LINE A DISTANCE OF
1910.27 FEET TO THE HEREIN DESIGNATED POINT OF BEGINNING, ALL IN LAKE COUNTY,
ILLINOIS AND INCLUDING ANY ADJACENT UNINCORPORATED STREETS AND HIGHWAYS.
SUBJECT PROPERTY COMMON DESCRIPTION: THE APPROXIMATELY 29.2 ACRES AT THE
SOUTHWEST CORNER OF PORT CLINTON ROAD AND PRAIRIE ROAD.
3/5/90
MORMON CHURCH/FIORE TRIANGLE
(Port Clinton Road/Prairie Road)
Annexation Agreement
TABLE OF CONTENTS
1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
2. Agreement: Compliance and Validity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
4. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
5. Approval of Plats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
6. Com fiance with A -licable Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
8. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
10. Storm and Sanitar Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
11. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
12. Payment of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
13. Security for Public and Private Site Improvements.. . . . . . . . . . . . . . . . .8
14. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
15. Annexation Fee. . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
16. Buildin , Landscapin& and Aesthetics Plans. . . . . . . . . . . . . . . . . . . . . . . . .9
17. Project Models. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
18. Right of Way Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
19. Park District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
20. School District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
21. Annexation to the Buffalo Grove Park District. . . . . . . . . . . . . . . . . . . . .11
22. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
23. Enforceability of the A reement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
24. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
25. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
26. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
27. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
28. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
29. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
MORMON CHURCH/FIORE TRIANGLE
Port Clinton Road/Prairie Road
ANNEXATION AGREEMENT
Location Map
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3/5/90
MORMON CHURCH/FIORE TRIANGLE
(Port Clinton Road/Prairie Road)
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement" made and
entered into this 5th day of March, 1990, 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 CORPORATION OF THE PRESIDING
BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, a Utah
Corporation, Sole (hereinafter referred to as "Owner") .
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, Owner is the owner of a certain tract of property (hereinafter
referred to as the "Property") comprising 26.867 acres legally described and
identified in 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 street right-of-way adjacent to
the Property, is attached hereto as EXHIBIT B, which depicts a total area of
29.198 acres to be annexed; and,
WHEREAS, Owner desires and proposes pursuant to the provisions and
regulations applicable to the R-1 (One-Family Dwelling) District of the
Village Zoning Ordinance, with a Special Use authorization for a church, to
develop Parcel A, identified in EXHIBIT A-1 attached hereto, of the Property
in accordance with and pursuant to a certain Preliminary Plan prepared by
FGM/C Inc. dated as last revised January 3, 1990, and also the Preliminary
1
Engineering Plan prepared by SDI Consultants Ltd. and dated as last revised
January 31, 1990, (hereinafter jointly referred to as the "Preliminary Plan")
a copy of which Preliminary Plan is attached hereto as EXHIBIT D and group
EXHIBIT E and incorporated herein, and subject to all other exhibits attached
hereto or incorporated by reference herein. Said development shall consist
of a one-story brick church with a total floor area of approximately 24,500
square feet, and related structures, including a lighted tower, a satellite
dish antenna, and a brick outside storage building.
Owner proposes zoning in the R-4 (One-Family Dwelling) District for
Parcel B, identified in EXHIBIT A-1 attached hereto, with the intention of
selling Parcel B of the Property to a developer who would petition to the
Village for all required approvals, including, but not limited to, approval
of a Preliminary Plan.
WHEREAS, pursuant to the provisions of Section 11-15.1-1 et. seq. , of
the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1987) and
as the same may have been modified by the Village's Home Rule Powers, a
proposed Annexation Agreement was submitted to the Corporate Authorities and
a public hearing was held thereon pursuant to notice as provided by Statute;
and,
WHEREAS, pursuant to due notice and advertisement, the Plan Commission
of the Village has held a public hearing and made their recommendations with
respect to the requested zoning classifications of R-1 with a Special Use for
a church and R-4; 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.
2
NOW, THEREFORE, in consideration of the premises, mutual covenants and
agreements herein set forth, the parties hereto agree to follows:
1. Applicable Law. This Agreement is made pursuant to and in accor-
dance with the provisions of Section 11-15. 1-1 et. seq. , of the Illinois
Municipal Code (Chapter 24, Illinois Revised Statutes 1987) and as the same
may have been modified by the Village's Home Rule powers. The preceding
whereas clauses are hereby made a part of this Agreement.
2. Agreement: Com liance and Validit ' . The Owner has filed with the
Village Clerk of the Village a proper petition pursuant to and in accordance
with provisions of Section 7-1-8 of the Illinois Municipal Code (Chapter 24,
Illinois Revised Statutes 1987) and as the same may have been modified by the
Village's Home Rule powers, conditioned on the execution of this Agreement
and the compliance with the terms and provisions contained herein, to annex
the Property to the Village. It is understood and agreed that this Agreement
in its entirety, together with the aforesaid petition for annexation, shall
be null, void and of no force and effect unless the Property and adjacent
right-of-way is validly annexed to the Village and is validly zoned and
classified in the R-1 District with a Special Use authorization for a church
and the R-4 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 and adjacent right-of-way to
the Village. Said Annexation Ordinance shall be recorded with the Lake
County Recorder's Office along with the Plat of Annexation (attached hereto
as EXHIBIT B) . Recordation shall take place no more than thirty (30) days
after enactment of the Annexation Ordinance.
3
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 Parcel A of the Property
in the R-1 District with a Special Use Authorization for a church, and zoning
Parcel B of the Property in the R-4 District subject to the restrictions
further contained herein and all applicable ordinances of the Village of
Buffalo Grove as amended from time to time. Said zoning shall be further
conditioned on the development of the Property in accordance with the
Preliminary Plan (EXHIBIT D and group EXHIBIT E) and all other EXHIBITS
incorporated in this Agreement.
5. Approval of Plats. The Corporate Authorities hereby approve a
Preliminary Plan (EXHIBIT D and group EXHIBIT E) for Parcel A pursuant to the
provisions of the Development Ordinance and in addition agree to approve a
Final Plan of Development and plats of the development of Property upon sub-
mission by the Owner of complete and proper materials as required for the
issuance of appropriate building and other permits based on final versions of
the plans and drawings of the development of the Property as submitted by the
Owner provided that the plat or plats shall:
(a) conform to the Preliminary Plan, (EXHIBIT D and group EXHIBIT E) ;
and
(b) conform to the terms of this Agreement and all applicable Village
Ordinances as amended from time to time; and
(c) conform to the Development Improvement Agreement (EXHIBIT C) as
amended from time to time.
6. Compliance with �ARkLcable 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 subdivi-
sion of land adopted after the date of this Agreement shall not be arbitrari-
ly or discriminatorily applied to the Property but shall be equally applica-
4
ble to all 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.
7. Amendment of Plan. If the Owner desires to make changes in the
Preliminary Plan, as herein approved, the parties agree that such changes in
the Preliminary Plan will require, if the Village so determines, the sub-
mission of amended plats or plans, together with proper supporting documenta-
tion, 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, may require an
amendment to this Agreement, and may review the commitments of record
contained in this Agreement, including but not limited to fees, prior to
final consideration of any change in the Preliminary Plan. The Village
Manager is hereby authorized to approve such minor changes as he deems
appropriate, provided that no such changes - (a) involves a reduction of the
area set aside for common open space; nor (b) increases by more than two
percent (2%) the floor area proposed for nonresidential use; nor (c)
increases by more than two percent (2%) the total ground area covered by
buildings.
8. Building Permit Fees. The building permit fees may be increased
from time to time so long as said permit fees are applied consistently to all
other developments in the Village to the extent possible. In the event a
conflict arises between the Owner and the Village on any engineering and
technical matters, 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
5
non-discriminatory new or additional fees hereinafter charged by the Village
to owner or property within the Village.
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 to the extent shown on group EXHIBIT E are hereby approved by
the Village. It is understood, however, that changes to the Preliminary
Engineering Plan may be required at the time of final engineering. The Owner
further agrees to pay to the Village such fees in accordance with the appli-
cable Village Ordinances at the 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 consistently to all other similar
users in the Village to the extent possible. Following such tap on, the
Village agrees to provide to the best of its ability and in a
non-discriminatory manner water service to 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 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 Sanitarx Sewer Provisions.
A. The Corporate Authorities agree to cooperate with the Owner and to
use their best efforts to aid the Owner in obtaining such permits from
governmental agencies having jurisdiction as may be necessary to authorize
connection from the proposed development to the Lake County Public Works
Department for the collection of sewage and to the Lake County Division of
Transportation as may be appropriate. The Owner shall construct on-site and
6
off-site sanitary sewers as may be necessary to service the Property, in
accordance with group EXHIBIT E. It is understood, however, that changes to
the Preliminary Engineering Plan may be required at the time of final
engineering. Upon installation and acceptance by the Village through formal
acceptance action by the Corporate Authorities, the Corporate Authorities
agree to operate and maintain 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 extent possible.
B. The Owner shall also construct on the Property in question any
storm sewers which may be necessary to service the Property, in accordance
with group EXHIBIT E. It is understood, however, that changes to the
Preliminary Engineering Plan may be required at the time of final
engineering. Upon installation and acceptance by the Village through formal
acceptance action by the Corporate Authorities, the Corporate Authorities
agree to operate and maintain that portion of the storm sewer system which
serves public streets, 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. Drainage Provisions. The Owner shall fully comply with any request
of the Village Engineer related to the placement of buildings on lots, to
preserve 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 the opinion of the Village Engineer, be detrimental
to the growth and maintenance of lawn grasses.
7
12. Payment of Recapture Fees Owed. Any amount of recapture required
to be paid by this Property shall be due and payable upon final platting of
any portion of the Property.
13. security for Public and Private Site Im rovements. Security for
public and private site improvements shall be provided in accordance with the
Development Ordinance, and the Development Agreement (EXHIBIT C) as amended
from time to time. Any letter of credit issued for such improvements shall
be drawn on a financial institution of net worth reasonably satisfactory to
the Village Attorney. The issuer may have an equitable or lending interest
in the Property provided that the letter of credit, either by its own terms
or by separate written assurances of the issuer, shall be honored
irrespective of that interest. The Village shall have the right to draw up
to the full amount of the letter of credit in order to complete, and have
formal acceptance of, all improvements secured by the letter of credit.
14. Exhibits. 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 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 A-1 Legal Description, Parcel A and Parcel B
EXHIBIT B Plat of Annexation dated February 14, 1990 (revised)
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan dated February 20, 1990 (revised) by
FGM/C Inc.
8
EXHIBIT E, Preliminary Engineering Plans (Sheets CD-1, CD-2, CD-3,
E-1,E-2,E-3, CD-4, CD-5, C-6) dated February 28, 1990 (revised) by
E-4,E-5 SDI Consultants Ltd.
EXHIBIT F,F-1 Building floor plan and elevations (Sheets A-1, A-2, A-3)
F-2 dated February 20, 1990 (revised) by FGM/C Inc.
EXHIBIT G Outside storage building plan and elevation (Sheet A-22)
dated October 9, 1989 by FGM/C Inc.
EXHIBIT H Satellite antenna dish plan and elevation (Sheet ES-4)
dated October 9, 1989 (revised) by FGM/C Inc.
EXHIBIT I,I-1 Landscape Plan (Sheets L-1, L-2, L-3) dated February 27,
I-2 1990 (revised) by Ives/Ryan Group, Inc.
EXHIBIT J Letter dated September 29, 1989 from William E. Peterson,
Vernon Township Supervisor
15. Annexation Fee. Owner agrees to pay an annexation fee in an amount
equal to $1,800.00 per dwelling unit which fee shall be payable prorata at
issuance of building permits. However, this fee shall be paid in full prior
to the expiration of this Agreement.
16. Building, Landsca ing 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.
Lighting and signage shall be compatible with surrounding areas. Phases not
under construction or completed shall be maintained in a neat and orderly
fashion as determined by the Village Manager.
A tree survey and preservation plan shall be submitted for review and
approval by the Village Forester (pursuant to Section 16.50.120 of the
Village Development Ordinance) prior to any relocation or removal of trees
on the Property.
17. Project Models. The Village agrees to permit the Owner to
construct and maintain one (1) model area on the Property, consisting of a
maximum of four (4) buildings with suitable off-street parking areas, all
9
subject to Appearance Commission approval. Such construction shall be in
compliance with the provisions of the Village's Building Code in existence at
the time of building permit issuance. Said model area shall be permitted to
be used for the marketing of one off-site property not exceeding 150 dwelling
units. Permission to maintain a project office and model area for off-site
property is limited to four years from the date of Agreement. Such use shall
be discontinued when the project contemplated herein has been fully and
finally completed.
18. Right of Way Dedication. The Owner acknowledges that it is the
intention of the Village and other involved agencies that at some time in the
future Port Clinton Road and Prairie Road will be widened. At the request of
the Village, but no later than upon approval of the first Final Plat of
Subdivision, the Owner agrees to dedicate land along Port Clinton Road to
provide a right-of-way of 60 feet in width from the centerline, and to
dedicate land along Prairie Road to provide a right-of-way of 54 feet in
width from the centerline. At the time of platting of Parcel B, land shall
be dedicated to the Village to provide a right-of-way of 54 feet in width
from the centerline of Prairie Road adjacent to Parcel B.
19. Park District Donations. Owner agrees to comply with the
provisions of Title 19 of the Buffalo Grove Municipal Code as amended
regarding park donations.
20. School District Donations. Owner agrees to comply with the
provisions of Title 19 of the Buffalo Grove Municipal Code as amended from
time to time regarding school donations. Owner agrees that it will make
contributions of cash to the Village for conveyance to School District #103
and #125 according to the criteria of said Title.
10
21. Annexation to the Buffalo Grove Park District. The Owner agrees,
at the request of the Buffalo Grove Park District, to annex any part or all
of the subject Property to said Park District.
22. Facilitation of Development. Time is of the essence of this
Agreement, and all parties will make every reasonable effort to expedite the
subject matters hereof. It is further understood and agreed that the
successful consummation of this Agreement and the development of the Property
in the best interests of all the parties requires their continued
cooperation. The Owner does hereby evidence his intention to fully comply
with all Village requirements, his willingness to discuss any matters of
mutual interest that may arise, and his 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.
23. 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.
24. 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. This Agreement shall not be assigned without prior
written consent of the Village.
25. Binding Effect of Agreement. This Agreement shall be binding upon
the Property, the parties hereto, and their respective successors and
assigns.
11
26. 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.
27. Notices. Any notice required pursuant to the provisions of this
Agreement shall be in writing and be sent by certified mail to the following
addresses until notice of change of address is given and shall be deemed
received on the fifth business day following deposit in the U.S. Mail.
If to Owner: Church of Jesus Christ of Latter Day Saints
50 East North Temple Street
Salt Lake City, Utah 84150
Copy to: James S. Gordon, Esq.
James._.S.......Gordon, Ltd.
-
140 S. Dearborn Street, Suite 404
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.
Bloche, French & Raysa
1140 Lake Street, Suite 400
Oak Park, IL 60301
28. Default
A. In the event Owner defaults in his performance of his obligations
set forth in this Agreement, then the Village, may, upon notice to Owner
allow Owner sixty (60) days to cure default or provide evidence to the
Village that such default will be cured in a timely manner if it cannot be
cured during said period. If Owner fails to cure such default or provide
such evidence as provided above, then, with notice to Owner, the Village may
begin proceedings to disconnect from the Village any portion of the Property
upon which development has not been completed or at the option of the
12
Village, to rezone such Property to The R-E District zoning classification.
In such event, this Agreement shall be considered to be the petition of the
Owner to disconnect such portion of the Property, or at the option of the
Village to rezone such Property to the R-E District zoning classification.
29. Special Conditions.
A. Owner shall complete required road improvements as shown on group
EXHIBIT E (Sheet CD-1) to Port Clinton Road and Prairie Road adjoining Parcel
A. Said road improvements shall be completed not later than 15 months after
the date of this Agreement. Security for said road improvements shall be
deposited with the Village with the executed Development Improvement
Agreement for Parcel A.
Additional improvements to Prairie Road shall be determined at the time
of Preliminary Plan review for the residential development of Parcel B. Said
improvements shall be determined by the Village Engineer, and the costs of
said improvements shall be the obligation of the developer of Parcel B.
B. Any development proposed for Parcel B is subject to full review and
approval by the Village pursuant to applicable codes and ordinances. Owner
acknowledges that representations have been made in meetings and public
hearings that Parcel B will be developed for single family residential use
with R-4 zoning.
C. Owner will preserve the existing stand of evergreen trees depicted
on EXHIBIT D south of the church site. Said trees shall not be damaged or
removed by any development activity, and shall not be damaged or materially
changed by any subsequent owners of any portion of the Property. Owner shall
impose a covenant on the Property to protect said trees. The covenant is
subject to review and approval by the Village prior to the first plat of
subdivision of the Property.
13
As an optional alternative to the preceding paragraph, Owner may remove
the entire stand of trees and replace same by planting a buffer line of
similar evergreen trees along the northern perimeter of Parcel B. Said
replacement trees and plan are subject to the prior approval of the Village.
D. Owner shall complete all streetlights, sidewalks, and landscaping
on and adjacent to Parcel A as part of the initial construction of the church
and related site improvements.
E. Owner shall extend the required eight (8) foot sidewalk along Port
Clinton Road to the west side of the Wisconsin Central Railroad tracks
adjoining the Property.
F. The lighted church tower shown on EXHIBITS D and F shall not exceed
a height of 52 feet, including the lightning protection system.
G. The satellite dish antenna shown on EXHIBITS D and H shall comply
with Village zoning regulations concerning accessory structures and may not
exceed a total height of fifteen (15) feet.
H. The Owner shall provide construction easements and permanent
sanitary sewer easements as approved by the Village Engineer on Parcel A to
allow the future extension of the public sanitary sewer system.
I. Owner shall record a declaration of covenants, conditions, and
restrictions (the "Declaration") against the Property providing for Owner's
maintenance of the retention basin for the Property. The Declaration shall
include a provision whereby the Village shall have the right, but not the
obligation, to enforce the agreements in the Declaration set forth above and
further shall have the right, upon 30 days prior written notice specifying
the nature of such default, to cause the same to be cured, at the cost and
expense of the Owner. The Village shall also have the right to charge or
place a lien upon the Property for the repayment of such costs and expenses,
14
including reasonable attorneys' fees in enforcing such obligations. The
Declaration shall further provide that the provision relating to the
Village's rights thereunder as set forth above may not be amended without the
prior approval of the Village.
J. The west stormwater detention area shown on EXHIBIT D shall not be
used for organized or scheduled active recreational activities for persons
other than church members and their guests unless approved by the Village.
Any improvements, including lights, constructed to support recreational
activities are subject to approval by the Village.
K. The developer of Parcel B shall pay the lesser of $83,333.33 or
one-third of the total cost of future improvements, including a traffic
signal and paving, for the intersection of Port Clinton Road and Prairie Road.
It is anticipated that the improvements will be signalization and turning
lanes and the Village will use its best efforts to secure additional funding
from non-village sources to assist in the implementation of this
construction. Said payment shall be made at the time of final platting of
Parcel B.
L. Owner may have two (2) events per year on Parcel A when off-site
parking will be necessary. Said events shall be limited to one Sunday in
April and one Sunday in November of each year. Off-site parking shall be
located at the Vernon Township facilities at 3050 Main Street pursuant to the
conditions set forth by the Vernon Township supervisor in EXHIBIT J attached
hereto.
Owner may have four (4) additional events per year on Parcel A when
off-site parking will be necessary. In order to have said additional events,
Owner must provide evidence to the Village that adequate off-site parking, as
determined by the Village, will be provided.
15
M. The words "Long Grove," or the name of any community other than
Buffalo Grove, shall not be used in any manner in conjunction with the stake
center. The Owner shall use its best efforts to name the stake center/church
"Buffalo Grove, Illinois Stake Center."
N. The signs, fences, and outdoor lighting shown on the exhibits to
this Agreement are not approved, and require approval by the Village
Appearance Commission pursuant to Village regulations.
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.
VILLAGE OF BUFFALO GROVE
VERNA L. CLAYTON, Village Pr ident
ATTEST:
Vill Clerk
OWNER
Corporation of the Presiding Bishop of the
Church of Jesus Christ of Latter Day Saints,
a Utah C rporatio/n,, Sole
',A ST: BY: �`�` �_•`�-�—
�e Authorized Agent
ai-
e A-Vlb 4u 00JU14-
1�14
16
MORMAN CHURCH/FIORE TRIANGLE
Annexation Agreement
March 5, 1990
EXHIBIT A
THAT PART OF LOTS 31 AND 33 (SOMETIMES KNOWN AS THE EAST 112 OF THE SOUTH
WEST 114) OF SCHOOL TRUSTEES' SUBDIVISION OF SECTION 16, TOWNSHIP 43
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EASTERLY OF
THE RIGHT OF WAY OF THE WISCONSIN CENTRAL RAILWAY COMPANY, IN LAKE COUNTY,
ILLINOIS.
EXHIBIT A-1
MORMON CHURCH/FIORE TRIANGLE
Annexation Agreement
March 5, 1990
LEGAL DESCRIPTION
PARCEL A
THAT PART OF LOTS 31 AND 33 (SOMETIMES KNOWS AS THE EAST 1/2 OF THE SOUTHWEST
1/4) OF SCHOOL TRUSTEES' SUBDIVISION OF SECTION 16, TOWNSHIP 43 NORTH, RANGE
11, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 16 AFORE-
SAID: THENCE SOUTH 0 DEGREES 13 MINUTES 57 SECONDS WEST ALONG THE EAST LINE
OF SAID SOUTHWEST 1/4 A DISTANCE OF 429.00 FEET: THENCE WEST PARALLEL WITH
THE NORTH LINE OF SAID SOUTHWEST 1/4 A DISTANCE OF 464.00 FEET: THENCE NORTH
60 DEGREES 00 MINUTES 00 SECONDS WEST 96.91 FEET: THENCE WEST PARALLEL WITH
THE NORTH LINE OF SAID SOUTHWEST 1/4 A DISTANCE OF 270.81 FEET MORE OR LESS
TO THE NORTHEASTERLY LINE OF THE RIGHT-OF-WAY OF THE WISCONSIN CENTRAL
RAILWAY COMPANY: THENCE NORTH 21 DEGREES 08 MINUTES 25 SECONDS WEST ALONG
SAID NORTHEASTERLY LINE 408.00 FEET TO THE POINT OF INTERSECTION WITH THE
NORTH LINE OF THE SOUTHWEST 1/4 OF SECTION 16 AFORESAID: THENCE EAST ALONG
SAID NORTH LINE A DISTANCE OF 967.63 FEET TO THE HEREIN DESIGNATED POINT OF
BEGINNING, ALL IN LAKE COUNTY, ILLINOIS AND INCLUDING ANY ADJACENT UNINCOR-
PORATED STREETS AND HIGHWAYS;
PARCEL B
THAT PART OF LOTS 31 AND 33 (SOMETIMES KNOWN AS THE EAST 1/2 OF THE SOUTHWEST
1/4) OF SCHOOL TRUSTEES' SUBDIVISION OF SECTION 16, TOWNSHIP 43 NORTH, RANGE
11 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 429.00 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTH-
WEST 1/4 OF SECTION 16 AFORESAID: THENCE PARALLEL WITH THE NORTH LINE OF SAID
SOUTHWEST 1/4 A DISTANCE OF 464.00 FEET: THENCE NORTH 60 DEGREES 00 MINUTES
00 SECONDS WEST 96.91 FEET: THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID
SOUTHWEST 1/4 A DISTANCE OF 270.81 FEET TO A POINT WHICH IS 408.00 FEET
SOUTHEASTERLY OF THE NORTH LINE OF THE SOUTHWEST 1/4 OF SECTION 16 AFORESAID
(AS MEASURED ALONG THE NORTHEASTERLY LINE OF THE RIGHT-OF-WAY OF THE
WISCONSIN CENTRAL RAILWAY COMPANY) : THENCE SOUTH 21 DEGREES 08 MINUTES 25
SECONDS EAST ALONG SAID NORTHEASTERLY LINE A DISTANCE OF 1629.49 FEET: THENCE
NORTH 68 DEGREES 51 MINUTES 35 SECONDS EAST A DISTANCE OF 50.00 FEET: THENCE
CONTINUING SOUTH 21 DEGREES 08 MINUTES 25 SECONDS EAST ALONG SAID
NORTHEASTERLY LINE A DISTANCE of 489.68 FEET TO THE POINT OF INTERSECTION
WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 16 AFORESAID: THENCE NORTH
0 DEGREES 13 MINUTES 57 SECONDS EAST ALONG SAID EAST LINE A DISTANCE OF
1910.27 FEET TO THE HEREIN DESIGNATED POINT OF BEGINNING, ALL IN LAKE COUNTY,
ILLINOIS AND INCLUDING ANY ADJACENT UNINCORPORATED STREETS AND HIGHWAYS.
SUBJECT PROPERTY COMMON DESCRIPTION: THE APPROXIMATELY 29.2 ACRES AT THE
SOUTHWEST CORNER OF PORT CLINTON ROAD AND PRAIRIE ROAD.
VILLAGE OF BUFFALO GROVE
ORDINANCE NO. 0-1A
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROVE p
THIS DAY OF
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffal Grove, Cook & Lake Counties, Illinois,
this _ day ofG2/ 19�4.
Village Clerk
By M
Deputy Village Clerk