1997-080 P :. •. ,r:,., "..'8.7 at u l. ..;"';yn.r5^... A:, e:a 'k<s: i.. \ °:'k' r;.�' ''
C
10/20/97
ORDINANCE NO. 97-80
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR
Messner Development Corporation
(Nine-acre parcel on Hastings Drive north of
the Chevy Chase Business Park-West)
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.
2
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, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
ABSENT: Q — Nnnp
PASSED: October 20 1997 APPROVED: October 20 1997
ATTEST: APPROV
VilkWe Clerk SIDNEY H. MATHIAS, Village.President
4
10/20/97
MISSNER DEVELOPMENT CORPORATION
Nine-acre parcel on Hastings Drive/Lane
North of Chevy Chase Business Park-West
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 Plans. 4
Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . 5
7. Amendment of Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8. Building Permit Fees 6
9. Water Provision, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
10. Storm and Sanitary Sewer Provisions . . . . . . . . . . . . . . . . . . 7
11 . Drainage Provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12. Payment of Recapture Fees Owed . . . . . . . . . . . . . . . . . . . . 8
13. Security for Public and Private Site Improvements . . . . . . . . . . 8
14. Right of Way Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
15. Exhibits, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
16. Building. Landscaping and AesthetLQs Plans . . . . . . . . . . . . . . 9
17. Declaration of Covenants Conditions and Restrictions . . 10
18. Annexation to the Buffalo Grove Park District . . . . . . . . . . . 11
19. Facilitation of Development. 11
20. Enforceability of the Agreement . . . . . . . . . . . . . . . . . . . . . 11
21 . Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
22. Binding Effect of Agreement . . . . . . . . . . . . . . . . . . . . . . 12
23. Corporate Capacities.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
24. Notices.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
25. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
26. Litigation.. . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . 14
27. Special Conditions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
10/20/97
MISSNER DEVELOPMENT CORPORATION
Nine-acre parcel on Hastings Drive/Lane
North of Chevy Chase Business Park-West
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and entered
into this 20th day of October, 1997, 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 Missner/Hastings L.L.C., an Illinois limited liability company
(hereinafter referred to as "Owner") and Missner Development Corporation, an Illinois
corporation (hereinafter referred to as "Developer).
WITNESSETH:
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 8.997 acres legally described and identified
in the Legal Description, attached hereto as EXHIBIT A and made a part hereof, and
which real estate is contiguous to the corporate limits of the Village; and,
1
WHEREAS, a Plat of Annexation is attached hereto as EXHIBIT B, which
depicts a total area of 8.997 acres to be annexed; and,
WHEREAS, Developer desires and proposes pursuant to the provisions and
regulations applicable to the Industrial District of the Village Zoning Ordinance to
develop the Property in accordance with and pursuant to a certain Preliminary Plan
prepared by Manhard Consulting, Ltd. and dated as last revised September 10, 1997,
and also a certain Preliminary Engineering Plan prepared by Manhard Consulting, Ltd.
and dated as last revised September 10, 1997, (hereinafter jointly referred to as
"Preliminary Plan") a copy of which Preliminary Plan is attached hereto as EXHIBITS
D and E and incorporated herein, and subject to all other exhibits attached hereto or
incorporated by reference herein,. Said development of property shall consist of
subdivision of the Property into two lots in the Industrial District, and construction of
improvements as depicted on EXHIBITS D and E.
WHEREAS, pursuant to the provisions of Section 5/1 1-15.1-1 et. seq., of the
Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1996) 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 its recommendations with respect to
the requested zoning classification of the Industrial District and variations of the Village
Development Ordinance and Zoning Ordinance; and,
WHEREAS, the President and Board of Trustees after due and careful
2
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 to and in accordance
with the provisions of Section 5/1 1-15.1-1 et. seq., of the Illinois Municipal Code
(Chapter 65, Illinois Compiled Statutes 1996) 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: Compliance and Validity The Owner has filed with the
Village Clerk of the Village a proper petition pursuant to and in accordance with
provisions of Section 5/7-1-8 of the Illinois Municipal Code (Chapter 65, Illinois
Compiled Statutes 1996) 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 -Co
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 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
3
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 EXHIBIT B).
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 Industrial 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 (EXHIBITS
D and E) ,and other exhibits attached hereto or incorporated by reference herein.
5. Approval of Plans. The Corporate Authorities hereby approve the
Preliminary Plan (EXHIBITS D and E) pursuant to the provisions of the Development
Ordinance. The Corporate Authorities agree to approve a Development Plan (including
plats of subdivision) based on final versions of the plans and drawings of the
development of the Property as submitted by the Owner or Developer provided that
the Development Plan shall: z
(a) conform to the approved Preliminary Plan, 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 approved Development Improvement Agreement as
amended from time to time.
4
6. Compliance with Applicable Ordinances The Owner and Developer agree
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 all property similarly zoned
and situated to the extent possible. Developer, 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. Notwithstanding the foregoing, the Village
shall not apply new ordinances or regulations to the Property to the extent that the
ordinances or regulations will prevent development of the Preliminary Plan approved
herein.
7. Amendment of Plan. If the Developer 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 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, in 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 that no such changes involve a reduction of the area set
aside for common open space.
5
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 or Developer 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 or Developer shall pay any non-
discriminatory new or additional fees hereinafter charged by the Village to owners and
developers of properties within the Village.
9. Water Provision. The Developer shall be permitted and agrees to tap on
to the Village water system at points recommended by the Village Engineer which
points to be extent shown on 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 Developer further agrees to pay to the
Village such fees in accordance with the applicable Village Ordinances at the time of
the issuance of the water and sewer permits. The Developer 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 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 Developer and, except for service connections to the buildings
shall, upon installation and acceptance by the Village through formal acceptance action
6
by the Corporate Authorities, .be-dedicated to the Village and become a part of the
t
Village water system maintained by the Village.
10. Storm and Sanitary Sewer Provisions,
A. The Corporate Authorities agree to cooperate with the Developer
and to use their best efforts to aid Developer in obtaining such permits from
governmental agencies having jurisdiction as may be necessary to authorize connection
from the proposed development to the Lake County Department of Public Works for
the collection of sewage as may be appropriate. The Developer shall construct on-site
and off-site sanitary sewers as may be necessary to service the Property, in
accordance with 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 Developer 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 Developer shall also construct any storm sewers
which may be necessary to service the Property, in accordance with 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 and the public stormwater management system or multiple
7
properties. The Developer 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 Developer shall fully comply with any request
of the Village Engineer related to the placement of buildings on lots, to preserve
drainage standards. The Developer 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.
12. Payment of Recapture Fees Owed Any amount of recapture
pertaining, to connection to the Village water system required to be paid by this
Property shall be due and payable to the Village upon final platting of the first plat of
subdivision of any portion of the Property.
13. Security for Public and Private Site Improvements Security for public
and private site improvements shall be provided in accordance with the Development
Ordinance, and the Development Improvement 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
8
acceptance of, all improvements_secured by the letter of credit.
14. Right of Way Dedication. The Owner and Developer acknowledge that
it is the intention of the Village that Hastings Lane and Hastings Drive will be
connected through the Property as depicted on EXHIBITS D and E. Right-of-way for
said street connection shall be dedicated on the first plat of subdivision of any portion
of the Property.
15. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Developer 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 B Plat of Annexation dated as last revised October 1 , 1997
Manhard Consulting, Ltd.
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan dated September 10, 1997 by Manhard
Consulting, Ltd.
EXHIBIT E Preliminary Engineering Plan dated September 10, 1997 by
Manhard Consulting, Ltd.
16. Building, Landscaping and Aesthetics Plans Developer will submit
building and landscaping plans (which landscaping plans shall conform to the
requirements of Village Ordinances) for approval by the Appearance Commission and
9
the Corporate Authorities before commencing construction of buildings. Lighting and
signage shall be compatible with surrounding areas as approved by the Appearance
Commission. 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, Developer or association and/or owners of the units of the Property as defined
and provided with 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, Developer 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 ponds and drainage system depicted
on EXHIBITS D and E. The Declaration shall also include the obligation that the
association shall provide snow removal for private driveways and public sidewalks and
shall store excess snow in appropriate off-street locations, and shall not in any way
impede the Village's snow removal operations on public streets.
The Declaration shall also provide that the Property shall be used and developed
in accordance with Village ordinances, codes and regulations applicable thereto,
10
A
including ordinances? enacted pursuant to this Agreement. The Declaration shall be
t
submitted to the Village for review and approval, and shall 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 Park District. The Owner and
Developer agree, at the request of the Buffalo Grove Park District, to annex any part
or all of the subject Property to said Park District.
19. 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 is in the best interests of all the
parties and requires their continued cooperation. The Owner and Developer 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 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 Agreement. 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.
11 .
21 . Term of Agreement. This Agreement is binding on all parties and the
Property 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.
22. Binding Effect of Agreement. This Agreement is binding upon the
Property, the parties hereto and their respective grantees, successors and assigns.
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 Developer: Missner Development Corporation
5520 West Touhy Avenue
Skokie, IL 60077
Copy to: Mr. Lawrence M. Freedman, Esq.
Ash, Anos, Freedman and Logan
77 W. Washington Street, Suite 1211
Chicago, IL 60602
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
12
Copy to: William G. Raysa, Esq.
Raysa & Skelton
1140 Lake Street, Suite 400
Oak Park, IL 60301
25. Default•
A. In the event Owner or Developer defaults in performance of their
obligations set forth in this Agreement, then the Village may, upon notice to Owner
or Developer, allow Owner or Developer 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 during said period. If Owner or Developer fails to cure such
default or provide such evidence as provided above, then, with notice to Owner or
Developer, 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 Village, to rezone such Property to the Residential Estate District. In
such event, this Agreement shall be considered to be the petition of the Owner or
Developer to disconnect such portion of the Property, or at the option of the Village,
to rezone such Property to the Residential Estate District
B. In addition to sub-paragraph A. hereof, it is recognized by the
parties hereto that there are obligations and commitments set forth herein which are
to be performed and provided by the Developer not by the Owner. The Village agrees
that the Owner as such is exculpated from any personal liability or obligation to
perform the commitments and obligations set forth herein and that the Village will look
solely to the Developer for such performance, except that to the extent that the Owner
or successor thereto shall become a developer or shall designate or contract with a
13
developer other than Missner.Development Corporation. In that case, the Owner or the
new designee shall be subject to the liabilities, commitments and obligations of this
Agreement. In the event the Owner or Developer defaults in their obligations created
under this Agreement, the Village may enforce such obligations against the Property.
26. Litiaation,
A. The Owner and Developer, at their cost, shall be responsible for
any litigation which may arise relating to the annexation, zoning and development of
the Property. Owner and Developer shall cooperate with the Village in said litigation
but Developer's counsel will have principal responsibility for such litigation.
B. The Owner and Developer shall reimburse the Village for
reasonable attorneys' fees, expenses and costs incurred by the Village resulting from
litigation relating to the annexation, zoning and development of the Property or in the
enforcement of any of the terms of this Annexation Agreement upon a default by the
Owner or Developer. -
C. Owner and Developer hereby indemnify and hold the Village
harmless from any actions or causes of action which may arise as a result of
development activities for which the Owner or Developer is responsible.
27. Special Conditions,
A. The following variations to the Village's Development Ordinance
are hereby granted pursuant to EXHIBITS D and E, subject to
approval of the final engineering plan:
Section 16.50.040.C.4. - To allow a depth of 6 feet instead of 15
feet below normal water level for the stormwater pond, and to
14
waive the requirement for aeration;
1
Section 16.50.070.D.2. - To allow a pavement width of 40 feet
instead of 47 feet and a right-of-way width of 60 feet instead of
80 feet;
Section 16.50.080.A.1 . - To allow a sidewalk on one side of the
street rather than on both sides.
B. Developer shall construct the connection of Hastings Drive and
Hastings Lane as depicted on EXHIBITS D and E. Said construction
shall be completed in the first phase of development of the
Property, and no certificates of occupancy will issued for buildings
on the Property until said street connection is completed and
approved by the Village.
C. Developer shall construct the bikepath depicted on proposed Lot
2 in the first phase of development of the Property. No certificate
of occupancy will be issued for buildings on the Property until said
bikepath is competed and approved by the Village.
D. It is understood and agreed that Preliminary Plans are required for
development of proposed Lots 1 and 2 with buildings and related
improvements. Said Preliminary Plans are subject to approval by
the Village, but the Village will not require a public hearing for
each Preliminary Plan unless variation of the Village Development
Ordinance or Zoning Ordinance or approval of a Special Use is
requested.
15
E. Developer 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 at issuance of building permits.
F. 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.
G. All buildings, structures, vehicles, junk and debris on the Property
shall be removed prior to any development of the Property. If, in
the period prior to development of the Property, the Village
determines that structures or other objects need to be removed
from the Property to prevent health or nuisance problems, Owner
shall comply pursuant to a schedule and direction from the Village.
H. 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.
1. The existing antenna tower and structure on proposed Lot 2 may
not be expanded or modified unless approved by the Village, and
said antenna and .structure shall comply with applicable Village
codes.
J.. -It is understood and agreed that the Village of Buffalo Grove levies
16
a real estate transfer tax on all conveyances of real property in the
Village. The Property shall be considered to be in the Village upon
passage of the annexation ordinance by the Corporate Authorities.
IN WITNESS WHEREOF, the Corporate Authorities, Owner and Developer 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
By
SIDNEY H. MATHIAS,
Village President
ATTEST:
By
VILLAGE CLERK
OWNER: Missner/Hastings L.L.C.,
an Illinois limited liability
company
By
ATTEST:
By
DEVELOPER: Missner Development
Corporation
By
ATTEST:
By
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
17
. f h
EXHIBIT A
Legal Description
MISSNER DEVELOPMENT CORPORATION
Hastings Drive/Lane, north of Chevy Chase Business Park-West
SUBJECT PROPERTY LEGAL DESCRIPTION: That part of the north ''/z of the
southwest '/4 of Section 34, Township 43 North, Range 11, East of the Third Principal Meridian,
lying west of the westerly right-of-way line of the Minneapolis, St. Paul and Saulte Ste. Marie
Railroad, falling within the following described property: that part of Sections 34 and 35,
Township 43 North, Range 11 East, East of the Third Principal Meridian, described as follows:
beginning at a point on the east line of the west ''/z of the southwest '/4 of Section 34 aforesaid
27.48 chains (1813.68 feet) north of the southeast corner thereof; thence north 87 degrees, 45
minutes east along a line which if extended easterly would intersect the east line of the southeast
'/4 of Section 35 aforesaid at a point 447.63 feet south of the northeast corner thereof, 6270.50
feet, more or less, to the center line of Milwaukee Avenue, as paved; thence northwesterly along
said center line 383.87 feet; thence south 88 degrees, 10 minutes, 45 seconds west 6113.15 feet
to a point on the east line of the west '/z of the southwest '/4 of Section 34 aforesaid, 402.70 feet
north of the point of beginning; thence continuing south 88 degrees, 10 minutes, 45 seconds west
166.30 feet ; thence south 0 degrees, 10 minutes east 404.10 feet to a point south 87 degrees, 45
minutes west 165.12 feet from the point of beginning; thence north 87 degrees, 45 minutes east
165.12 feet to the point of beginning (except a strip of land lying easterly of a line 210 feet
westerly of,parallel with and measured at right angles to the westerly right-of-way of the
Minneapolis, St. Paul and Saulte Ste. Marie Railroad), in Lake County, Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 9-acre
parcel on Hastings Drive north of the Chevy Chase Business Park-West.
VILLAGE OF BUFFALO GROVE
ORDINANCE NO.
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROV
THIS c::,20 DAY OF 1q,P,7.
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook &�a�Counties, Illinois,
this �f- dayof ' 199"-7
Village Clerk�f
D puty Village Clerk