1984-046 ._$ -1303709
ORDINANCE NO. 84- 46
AN ORDINANCE APPROVING ANNEXATION AGREEMENT
(Brunswick Property South)
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 notices of public hearings on said Annexation
Agreement and Zoning have been given and public hearings were held; and,
WHEREAS, it is determined to be in the best interests of the Village of
Buffalo Grove to approve said Annexation Agreement :
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES , ILLINOIS:
SEC
TION 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
ienthal, Stone, O'Reilly, Hartstein, Reid
NAYES: 0 - None
ABSENT: 1 - Gary Glover -._w. .... -.- ._..
PASSED:..J. _�..._ _
my 2� 1984 APPROVED: Jul 2,, 1984
APPROVED:
Vi age President
ATTfiS CSC
,,tt v
r;
' 1
BRUNSWICK PROPERTY SOUTH
ANNEXATION AGREEMENT
TABLE OF CONTENTS
1. Applicable Law. 2
2. A ,reement: Com liance and Validit . 2
3. Enactment of Annexation Ordinance. 3
4. Enactment of Zonin Ordinance. 3
5. Approval of Plats. 3
6. Com fiance with Applicable Ordinances. 4
7. Amendment of Plan. 4
8. Building Permit Fees. 5
9. Water Provision. 5
10. Storm and Sanitary Sewer Provisions. 6
11. Drainage Provisions. 7
12. Owner Recapture of Utilit Costs. 7
13. Pa, ent of Recapture Fees Owed. 8
14. Street and Parkin Area Provisions. 8
15. Security for Public and Private Site
Improvements. 8
16. Exhibits. 8
17. Annexation..._Fee. 9
18. Building, Landscaping and Aesthetics Plans. 9
19. Declaration of Condominium. 9
20. Pro ect Models. i0
21. Right of Wa Dedication. 10
22. Park District Donations. 10
23. School District Donations. 11
24. Library District Donations. 11
25. Annexation to the Buffalo Grove Park District. 11
26. Facilitation of Development. 11
27. Enforceability of the Agreement. 12
28. Term of Agreement. 12
29. Binding Effect of Agreement. 12
30. Corporate Capacities. 12
31. Notices. 12
32. Default. 13
33. Exculpation of Owners. 13
34. Special Conditions. 14
2303'709
7/3/84
BRUNSWICK PROPERTY SOUTH
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and entered
into this 2nd day of July, 1984, 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 the First National Bank of Chicago, as Trustee of the Brunswick
Master Pension Trust, formerly known as the Brunswick Pension Trust for Salaried
Employees, established August 30, 1956, (hereinafter referred to as "Owner") , and
Lexington Development Corporation, an Illinois Corporation, as contract purchaser
of the property (hereinafter referred to as "Purchaser").
WI TN E S S ETH:
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 comprising 123.2667
acres legally described as identified in the Petition for Annexation, which is
attached hereto as EXHIBIT A, which exhibit is made a part hereof (hereinafter
referred to as the "Property") and which real estate is contiguous to the corporate
limits of the Village; and,
WHEREAS, Purchaser desires and proposes pursuant to the provisions and
regulations applicable to the R-4 and R-9 P.U.D. Districts of the Village Zoning
Ordinance to develop property in accordance with and pursuant to a certain
Preliminary Plan prepared by Johnston Associates, Inc. and dated as last revised
June 8, 1984, and also Preliminary Engineering Plan prepared by PRC Engineering and
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dated as last revised June 10, 1984, (hereinafter jointly referred to as the
"Preliminary Development Plan") , a copy of which Preliminary Development Plan is
attached hereto as EXHIBIT D and EXHIBIT E and incorporated herein, and subject to
all other exhibits attached hereto or incorporated by reference herein.
WHEREAS, pursuant to the provisions of Section 11-15.1-1 et. seq. , of the
Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1983) a proposed
Annexation Agreement, in substance and in form substantially the same as this
Agreement, was submitted to the Corporate Authorities and a public hearing was held
thereon pursuant to notice as provided by Statute; and,
WHEREAS, pursuant to due notice and advertisement in the manner provided by
law, the Plan Commission of the Village has held such public hearing prescribed by
law and made their recommendations with respect to the requested zoning
classifications of R-4 and R-9 P.U.D. Districts; and,
WHEREAS, the President and Board of Trustees after due and careful
consideration have concluded that the annexation of the Property to the Village and
its zoning and development on the terms and conditions herein set forth would
further enable the Village to control the development of the area and would serve
the best interests of the Village.
NOW, THEREFORE, in consideration of the premises, mutual covenants and
agreements herein set forth, the parties hereto agree as follows:
1. Applicable Law. This Agreement is made pursuant to and in accordance
with the provisions of Section 11-15. 1-1 et. seq. , of the Illinois Municipal Code
(Chapter 24, Illinois Revised Statutes 1983) and 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 (EXHIBIT A hereto) pursuant to and
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in accordance with provisions of Section 7-1-8 of the Illinois Municipal Code
(Chapter 24, Illinois Revised Statutes 1983) , conditioned on the execution of this
Agreement and the compliance with the terms and provisions contained herein, to
annex 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 property is validly annexed to the Village
and is validly zoned and classified in the R-4 and R-9 P.U.D. Districts, 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 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). Recordation shall take place no more than thirty (30) days
after enactment of Annexation Ordinance.
4. Enactment of Zoning Ordinance. Within twenty-one (21) days after the
passage of the Annexation Ordinance, the Corporate Authorities shall adopt a
proper, valid and binding ordinance, zoning Property in the R-4 and R-9 P.U.D.
Districts 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 a Preliminary Plan prepared by Johnston Associates, Inc. and dated
June 8, 1984, (EXHIBIT D) , and the Preliminary Engineering Plan prepared by PRC
Engineering and dated June 10, 1984, (EXHIBIT E).
5. 'Approval of Plats. The Corporate Authorities hereby approve the
Preliminary Development Plan (EXHIBIT D & E) pursuant to the provisions of the
Development Ordinance and in addition agree to approve a Final Plan of Development
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or plats or stages of the development of property upon submission 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 property as submitted by the Purchaser provided that the plat or
plats shall:
(a) conform to the Preliminary Development Plan, (EXHIBITS D & 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.
It is understood and agreed that the final subdivision plat or plats that will
hereinafter be submitted by the Purchaser shall conform to the stages of the
development as shown on the Preliminary Development Plan.
6. Com liance with AEElicable Ordinances. The Purchaser agrees to comply
with all ordinances of the Village of Buffalo Grove as amended from time to time in
the development of the property, provided that all new ordinances, amendments,
rules and regulations relating to zoning, building and subdivision of land adopted
after the date of this Agreement shall not be arbitrarily or discriminatorily
applied to the property but shall be equally applicable to all property similarly
zoned and situated to the extent possible and provided further that any such
changes to the zoning ordinance shall not preclude development of the Property in
substantial conformity with the Preliminary Development Plan. Purchaser, 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 Purchaser desires to make changes in the
Preliminary Development Plan, as herein approved, the parties agree that such
changes in the Preliminary Development Plan will require, if the Village so
determines, the submission of amended plats or plans, together with proper
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supporting documentation, to the Plan Commission and/or the Corporate Authorities
to consider such changes to this Agreement. 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 Development
Plan. The Village Manager is hereby authorized to approve such minor changes as he
deems appropriate, provided that no such change, (a) involves a reduction of the
area set aside for common open space; nor (b) 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 Purchaser 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. Purchaser shall pay any non-discriminatory
new or additional fees hereinafter charged by the Village.
9. Water Provision. The Purchaser 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 EXHIBIT E are hereby approved by the Village,
however, it is understood that changes to the Preliminary Engineering Plan may be
required at the time of Final Engineering. The Purchaser 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 Purchaser 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
5 2303'709
ability and in a non-discriminatory manner water service to all users on the
Property in accordance with the Preliminary Development Plan. Watermains serving
the property and those approved as part of the development shall be installed by
the Purchaser and, except for service connections to the buildings shall, upon
installation and acceptance by the Village through formal acceptance action by the
Corporate Authorities, be dedicated to the Village and become a part of the Village
water system maintained by the Village.
10. Storm and Sanitary Sewer Provisions.
A. The Corporate Authorities agree to cooperate with the Purchaser and
to use their best efforts to aid Purchaser 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 Highway Department as may be
appropriate. The Purchaser shall construct on-site and off-site sanitary sewers as
may be necessary to service the property, as per EXHIBIT E, however, it is
understood 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 Purchaser 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 Purchaser shall also construct on the property in question any
storm sewers which may be necessary to service the Property, as per EXHIBIT E,
However, it is understood that changes to the Preliminary Engineering Plan may be
required at the time of Final Engineering. Upon installation and acceptance action
by the Corporate Authorities, the Corporate Authorities agree to operate and
6
maintain that _portion of the storm sewer system which serves public streets, or
multiple properties, and the Purchaser 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. Drainag
e
Provisions The Purchaser shall fully comply with any request
of the Village Engineer related to the placement of buildings on lots, to preserve
drainage standards. The Purchaser 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. Purchaser Recapture of Utility Costs. It is further understood and
agreed that a portion of the sanitary sewer, storm sewer, and/or watermain to be
constructed and installed by the Purchaser to serve the proposed development on the
Property (hereinafter referred to as "Purchaser's Improvements") may be required by
the Village to be so located and/or oversized as to benefit vacant neighboring
properties not owned by the Purchaser, thus making such utility service available
thereto. The Corporate Authorities agree to adopt an ordinance and take such other
action as may be necessary to permit the Purchaser to recapture from such vacant
neighboring property owners as may be benefitted by the Purchaser's Improvements,
that portion of the actual costs of construction and installation of oversizing the
Purchaser's Improvements, in such proportionate amounts from such neighboring
property owners as may be so benefitted, all as determined by the Village. The
Village and Purchaser agree to use their best efforts to cooperate to achieve the
most practical and feasible route to the off-site utilities connection points. The
Village agrees to cooperate with the Purchaser in effectuating recapture from
future developers as appropriate.
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The Village shall be entitled to a five percent (5%) fee from any amounts
hereby recaptured as and for its collection efforts.
13. 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 Stage IA of
this development.
14. Street and Parking Area Provisions. The Purchaser agrees that all
streets, parking and other areas are to be constructed in accordance with Village
standards as set forth in the Development Ordinance as amended from time to time.
15. SecuritZ 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 acceptance of, all improvements secured by
the letter of credit. The amount of the letter of credit shall not be reduced by
expenditures made by the Purchaser until such improvements have been formally
accepted by the Village.
16. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Purchaser or the witnesses during the hearing held before
the Plan Commission and the Corporate Authorities prior to the execution of this
Agreement, are hereby incorporated by reference herein, made a part hereof and
designated as shown below. This Agreement, upon execution by the parties,' together
8 2303709
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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 Petition for Annexation of Property
EXHIBIT B Plat of Annexation
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan
EXHIBIT E Preliminary Engineering Plan
EXHIBIT F Landscaping Plan
EXHIBIT G Architectural Rendering
17. Annexation Fee. Purchaser agrees to pay an annexation fee in an amount
equal to $200 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.
18. Building, Landscaping and Aesthetics Plans. Purchaser 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. Stages not under
construction or completed shall be maintained in a neat and orderly fashion as
determined by the Village Manager.
19. Declaration of Condominium. In the event that any portion of the
property shall be developed under the Illinois Statutes relating to condominiums,
the condominium covenants, conditions and restrictions shall include a provision
whereby the Village shall have the right, but not the obligation, to enforce
covenants or obligations of the association or the owners of the units as defined
and provided within the Declaration of Condominium, and further shall have the
right, upon thirty (30) days prior written notice specifying the nature of a
default, to enter upon common open spaces and cure such default, or cause the same
to be cured at the cost and expense of the association or the owner or owners
thereof. The Village shall also have the right to charge or place a lien upon the
9 2303709
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property of the condominium association for the repayment of such costs and
expenses, including reasonable attorneys' fees in enforcing such obligations. The
declaration shall further provide that this provision may not be amended without
the approval of the Village. Prior to recording, the finalized Declaration of
Condominium shall be submitted to the Corporate Authorities for their approval.
Said Declaration shall include, but not by way of limitation, the following
covenants and obligation: to maintain the common areas pursuant to Village of
Buffalo Grove Ordinances and in a neat and orderly manner.
20 Project Models. The Village agrees to permit the Purchaser to construct
and maintain a maximum of three (3) model areas on the Property, with no more than
two (2) model areas in use at any one time and consisting of a maximum of two (2)
buildings in the multi-family area and seven (7) in the single family area for
each of the model areas together with suitable off-street parking, all 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. Further, the Purchaser may utilize models only as a project
office for the marketing of portions of the Property or contiguous property. Such
use shall be discontinued when the project contemplated herein has been fully and
finally completed.
21. 'Right-of-Way'Rigbt-of-Way Dedication. The Purchaser acknowledges that it is the
intention of the Village and other involved agencies that at some time in the
future Weiland Road will be widened. At the request of the Village, but no later
than upon approval of the Final Plat of Subdivision, the Purchaser agrees to
dedicate such additional right-of-way along Weiland Road as may be required to
permit the widening of Weiland Road to 54 feet from the centerline.
22. Park District Donations. Purchaser agrees to comply with the provisions
of Title 19 of the Buffalo Grove Municipal Code as amended from time to time
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regarding park donations. Purchaser agrees that it will make contributions of land
to the Village according to the criteria of said Title as follows:
The ten (10) acres of land per 1,000 population has been satisfied
through the land dedication of Open Space C depicted on EXHIBIT D along
with the provision of passive open space in parcels A and B, provided
that the active space land on Open Space C is at least 7.5 acres.
23. School District Donations. Purchaser agrees to comply with the
provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to
time regarding school donations. Purchaser agrees that it will make contributions
of money to the Village for conveyance to School Districts #102 and #125 according
to the criteria of said Title.
24. Library District Donations. Purchaser agrees to comply with the
provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to
time regarding library donations. Purchaser agrees that it will make contributions
of money to the Village for conveyance to the Vernon Area Public Library District
according to the criteria of said Title.
25. Annexation to the Buffalo Grove Park District. The Purchaser agrees, at
the request of the Buffalo Grove Park District, to annex any part or all of the
subject Property to said Park District.
26. Facilitation of Develo lent. 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 Purchaser 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
11 2303709
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.
27. 'EnforceabilitZ 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 provision
shall be deemed to be excised herefrom and invalidity thereof shall not affect any
of the other provisions contained herein.
28. Term of Agreement. This Agreement will be binding on all parties for a
term of ten (10) 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.
29. 'Binding Effect of A reement. This Agreement shall be binding upon the
parties hereto, their respective successors and assigns.
30. 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.
31. 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 the Purchaser: Ronald J. Benach, President
Lexington Development Corporation
3436 North Kennicott, #150
Ms. Linda E. Si14�
M Arlington Heights, IL 60004
Account Administration Robert Talman, Director
The First National Bk of Chgo Corporate Real Estate and Facilities
Three First National Plaza Brunswick Corporation
Suite 0108
Chicago, IL 60670-0108
12 2303709
1 Brunswick Plaza
Skokie, Illinois 60077
Copy to: Larry Freedman
Ash, Anos, Harris & Freedman
77 West Washington Street
Chicago, Illinois 60602
If to Village: Village Clerk
Village of Buffalo Grove
SO Raupp Boulevard
Buffalo Grove, IL 60090
Copy to: William G. Raysa
Bloche' , French & Raysa
1011 Lake Street
Oak Park, IL 60301
32. Default. In the event Purchaser defaults, in his performance of his
obligations set forth in this Agreement, then the Village, may, upon notice to
Purchaser allow Purchaser 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 Purchaser fails to cure such default or provide such
evidence as provided above, then, with notice to Purchaser, 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 R-1 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-1
District zoning classification.
33. Exculpation of Owners. It is recognized that the Owners have entered into
this Agreement solely as the owners of record of the Property and for no other
reason and that all obligations and commitments set forth herein are to be
performed and provided for by the Purchaser and not by the Owners. The Village
agrees that the Owners as such are exculpated from any personal liability or
obligation to perform the commitments, obligations and agreements set forth herein
13 23037()9
and that the Village will look solely to the Purchaser for such performance.
Notwithstanding the above, it is hereby understood and agreed that this Agreement
is a covenant running with the land and is binding thereon.
34. Special Conditions.
A. The following variations are hereby granted for this Preliminary
Development Plan in the R-4 Zoning District, Section 17.40.020.B.
1. Lots depicted on EXHIBIT D with a circle around the Lot Number
may have a minimum lot width at the building line of 65 feet.
2. Lots depicted on EXHIBIT D by an asterisk (*) symbol on the lot
may have a minimum rear yard of 35 feet.
3. All lots shall have minimum interior side yards of 7 feet and a
minimum combined corner side yard of 37 feet. The normal side
yard of 10% of the lot width shall not apply.
B. In the R-9 P.U.D. Zoning District, a variation is hereby granted
from Sections 16.50.070.D.2. and 16.50.080.A.1 of the Development
Ordinance to allow dedication of right-of-way in the courts from back of
curb to back of curb with no sidewalks, and a variation on the local
streets for a 54 foot wide right-of-way with a sidewalk on one side of
the street.
C. If the Village is satisfied with the "Enkamat" shore line protection
being used in the Hidden Lakes Village development, it may be used in
this development (Variation to Section 16.50.040.C.4.of the Development
Ordinance). Notwithstanding the above, the Purchaser shall bond for the
requirements of the Development Ordinance. It is understood and agreed
that the Village may require the removal of said "Enkamat" prior to final
acceptance and Purchaser will install Development Ordinance requirements.
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D. The Purchaser shall be allowed to construct an open drainage channel
with a 3 to 1 side slope and an 8 foot wide concrete bottom (Variation to
Section 16.50.030.D.17.b. of the Development Ordinance) . This drainage
channel shall become part of the adjacent lots and park (Open Space C)
with appropriate deed restrictions on the plat of subdivision limiting
the use of the Property within the necessary drainage area. Such
restrictions shall be as determined by the Village.
E. A variation is hereby granted to the Flood Plain Ordinance to allow
work within 100 feet of the centerline of Aptakisic Creek.
F. The Village shall attempt to secure an easement for a bicycle path
on the Commonwealth Edison right-of-way as shown on EXHIBIT D. If this
easement cannot be secured, the bicycle path shal p1 ced. on an
easement on the Property th ommonwealth Edison
right-of-way.
G. The single family detached homes shall be included in the first
stage of any construction on this Property.
H. All islands within the cul-de-sacs of the R-9 P.U.D. area shall be
owned and maintained by the homeowners. association and shall not be
dedicated as part of the right-of-way.
I. Minimum Single Family Detached Unit size shall be 1400 square feet
for one story homes and 1800 square feet for multi-story homes.
J. Existing structures on site shall be removed within thirty (30) days
of cessation of occupancy if the Property is owned by the Purchaser.
However, structures shall be removed in any case within ninety (90) days
of Final Plat approval for that phase in which it is located.
R. Purchaser is responsible for paying 25% of the cost of the local
share of a traffic signal at the intersection of Busch and Weiland Roads.
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L. The park in Open Space C shall be included in stage 2A of the
development.
M. At the request of the village, the Purchaser shall dedicate an
easement to the Village along portions of Fabish Drive, Highland Grove
Drive, and Thompson Boulevard if not already platted, for construction of
the large sanitary sewer depicted on EXHIBIT E.
IN WITNESS WHEREOF, the Corporate Authorities and Owner and Purchaser 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
Village President ✓;"
ATTESTr "'>s'�
� ! 1 00)
Y.
OWNER: First National Bank of Chicago, not
AIR'.
Personally, but as Trustee aforesaid,
5
By:
Vice Pres de t
ATTEST:
PURCHAS
-/,,,
Assista Secretary
2303'709
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a
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PART OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE EAST' HALF
OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28;
THENCE NORTH 89 DEGREES 51 MINUTES 50 SECONDS EAST ALONG THE NORTH LINE OF
THE SOUTH HALF OF THE NORTHWEST QUARTER, 808.96 FEET TO THE SOUTHWESTERLY
LINE OF THE 210 FOOT COMMONWEALTH EDISON RIGHT-OF-WAY: THENCE SOUTH 48 DEGREES
03 MINUTES 24 SECONDS EAST ALONG SAID SOUTHWESTERLY RIGHT-oF-WAY LINE,
3,348.26 FEET TO THE CENTER LINE OF BUFFALO GROVE ROAD: THENCE SOUTH 3
DEGREES 38 MINUTES 05 SECONDS WEST ALONG THE CENTER LINE OF SAID ROAD,
506.51 FEET TO THE CENTER LINE OF BUSCH ROAD: THENCE NORTHWESTERLY ALONG
THE CENTER LINE OF BUSCH ROAD, 2,943.60 FEET TO THE WEST LINE OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 28; THENCE
NORTH ALONG SAID WEST LINE, 1,324.64 FEET TO THE SOUTH LINE OF THE NORTH-
WEST QUARTER OF SAID SECTION 28; THENCE WEST ALONG SAID SOUTH LINE,
330.92 FEET TO THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 28; THENCE
NORTH ALONG SAID WEST LINE 1,326.33 FEET TO THE POINT OF BEGINNING (EXCEPT
THEREFROM THE SOUTH 33.00 FEET OF THAT PART CONVEYED TO THE COUNTY OF LAKE
FOR ROAD PURPOSES BY DEED RECORDED JUNE 7, 1982, AS DOCUMENT 2163008 AND
RERECORDED JUNE 11, 1982 AS DOCUMENT 2163790) IN LAKE COUNTY, ILLINOIS.
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