1989-017 1/31/89
ORDINANCE 89- 17
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT
(Parkchester Estates - Zaltzman/Bu 'ner Pro.ert )
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 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: 5 - Marienthal, Reid, Shields, Shifrin, Mathias
NAYES: 0 - None
ABSENT: 1 - Glover
PASSED: February 6 1989
APPROVED: February 6 1989
APPROVED:
VERNA L. CLAYTON, Village Pres�fient
ATTEST:.
Village .Clerk
2/6/89*
PARKCHESTER ESTATES
(Weiland Road)
ANNEXATION ACREEMENT
Table of Contents
1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
2. Agreement: Compliance and Validity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
4. Enactment of Zonin& Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
5. Approval of Plats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
6. Com liance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . .4
7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
8. Buildin Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
10. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
11. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
12. Pa ent of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
13. Security for Public and Private Site Improvements. . . . . . . . . . . . . . . .7
14. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
15. Annexation Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
16. Building, Landscaping and Aesthetics Plans. . . . . . . . . . . . . . . . . . . . . . .8
17. Project Models. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
18. Ri ht of Way Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
19. Park District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
20. School District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
21. Annexation to the Buffalo Grove Park District. . . . . . . . . . . . . . . . . . .10
22. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
23. Enforceability of the Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
24. Term of Agreement. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
25. Bindin& Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
26. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
27. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
28. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
29. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
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PARKCNESTER ESTATES
(Weiland Road north of Marie Avenue)
Annexation Agreement
LOCATION MAP
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Subject Property
2/6/89*
PARKCHESTER ESTATES
(Weiland Road)
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and entered
into this 6th day of February, 1989, by and between the VILLAGE OF BUFFALO GROVE
(hereinafter referred to as "Village") by and through the President and Board of
Trustees of the Village (hereinafter collectively referred to as the "Corporate
Authorities") and American National Bank and Trust Company of Chicago, as trustee
under a trust agreement known as Trust No. 107687-03 (hereinafter referred to as
'Owner") , and Scarsdale Development, Ltd. , an Illinois corporation, (hereinafter
referred to as "Developer") .
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 44.03 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 45.9
acres to be annexed; and,
WHEREAS, Developer desires and proposes pursuant to the provisions and
regulations applicable to the R-4 (One Family) District of the Village Zoning
Ordinance to develop Property in accordance with and pursuant to a certain
Preliminary Plan prepared by McBride Engineering and dated as last revised
December 8, 1988, and also a Preliminary Engineering Plan prepared by McBride
Engineering and dated as last revised December 8, 1988, (hereinafter jointly
1 5
referred to as "Preliminary Plan") a copy of which Preliminary Plan is attached
hereto as EXHIBITS D, E and E-1 and incorporated herein, and subject to all other
exhibits attached hereto or incorporated by reference herein. Said development
of property shall contain not more than 114 lots for single-family detached
housing for an overall (gross) density of 2.59 units per acre; and,
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 classification of the R-4 District; and,
WHEREAS, the President and Board of Trustees after due and careful consid-
eration 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 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: Compliance and Validity. The Owner has filed with the
Village Clerk of the Village a proper petition pursuant to and in accordance with
2
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 compli-
ance with the terms and provisions contained herein, to annex the Property to the
Village. It is understood and agreed that this Agreement in its entirety,
together with the aforesaid petition for annexation, shall be null, void and of
no force and effect unless the Property is validly annexed to the Village and is
validly zoned and classified in the 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 Ordi-
nance") 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) . 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 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 a
Preliminary Plan prepared by McBride Engineering and dated December 8, 1988
(revised) , (EXHIBIT D) , and the Preliminary Engineering Plan prepared by McBride
Engineering and dated December 8, 1988 (revised) , (EXHIBITS E and E-1) .
5. Approval of Plats. The Corporate Authorities hereby approve a Prelimi-
nary Plan (EXHIBITS D, E, and E-1) pursuant to the provisions of the Development
2 7:7 ^ 8 4-
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Ordinance and in addition agree to approve a Final Plan of Development or plats
or phases of the development. of Property upon submission by the Developer of
complete and proper materials as required for the issuance of appropriate build-
ing and other permits based on final versions of the plans and drawings of the
development of the Property as submitted by the Developer provided that the plat
or plats shall:
(a) conform to the Preliminary Plan, (EXHIBITS D, E, and E-1)
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 Developer shall conform to the phases of the
development as shown on the EXHIBIT H.
6. Compliance with Applicable Ordinances. The Developer 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 discrimina-
torily applied to the Property but shall be equally applicable to all property
similarly zoned and situated to the extent possible. Developer, in the develop-
ment 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 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 this
Agreement. The Corporate Authorities may, at their sole discretion, require
4
g
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.
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 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. Developer shall pay any
non—discriminatory new or additional fees hereinafter charged by the Village to
Developer or property 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 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 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
S437
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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 Proper-
ty 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 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 Developer and to
use their best efforts to aid Developer in obtaining such permits from govern-
mental 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 Developer 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 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 on the Property in question any
storm sewers which may be necessary to service the Property, as per EXHIBITS E
and E-1, 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 that portion
of the storm sewer system which serves public streets, or multiple properties,
and 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 pre-
serve 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. Pu•ment of Recapture Fees Owed. Any amount cf recapture required to be
paid by this Property shall be due and payable upon final platting of Phase I of
this development.
13. Security for Public and Private Site Im rovements. Security for public
and private site improvements shall be provided in accordance with the Develop-
ment 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 Attor-
ney. 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 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 January 10, 1989 (revised)
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan by McBride Engineering dated December
8, 1988 (revised)
EXHIBIT E,E-1, Preliminary Engineering Plan by McBride Engineering
E-2 dated December 8, 1988 (revised) ; Plat of Survey dated
January 10, 1989 (revised)
EXHIBIT F Schematic Site Layout Plan by Systems Design Group, Ltd.
dated December 7, 1988
EXHIBIT G Park Area Concept Plan by JEN Land Design, Inc. dated
December 14, 1988 (revised)
EXHIBIT H Parkchester Estates Phasing Plan by Systems Design
Group, Ltd. , dated December 7, 1988
15. Annexation Fee. Developer agrees to pay an annexation fee in an amount
equal to $400.00 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, Landsca2ing 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
the Corporate Authorities before commencing construction of buildings. Lighting
and signage shall be compatible with surrounding areas. Phases not under con-
struction or completed shall be maintained in a neat and orderly fashion as
determined by the Village Manager.
17. Project Models and Construction Access. The Village agrees to permit
the Developer to construct and maintain one (1) model area on the Property,
�a
consisting of a maximum of five (5) buildings with suitable off-street parking
areas, 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 Developer may utilize models
only as a project office for the marketing of portions of the Property. Such use
shall be discontinued when the project contemplated herein has been fully and
finally completed.
The Developer shall be allowed to use an access road from Weiland Road for
construction equipment and vehicles during the development of Phase 1 (as
depicted on EXHIBIT H) . Said access road shall be reviewed and approved by the
Village Engineer.
18. Right of Way Dedication. The Developer 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 first Final Plat of Subdivision, the Developer agrees
to dedicate up to nineteen (19) feet of such additional right-of-way along
Weiland Road as shown on EXHIBITS E and F as may be required to permit the
widening, and to provide a right-of-way of 59 feet from the center line.
19. Park District Donations. Developer agrees to dedicate not less than
7.05 acres of land to comply with the provisions of Title 19 of the Buffalo Grove
Municipal Code as amended from time to time. Said dedication shall consist of an
active use park area of approximately 4. 15 acres and a stormwater retention area
of approximately 2.90 acres as depicted on EXHIBITS D and G. Developer shall
provide all improvements depicted on EXHIBIT G including construction of the
stormwater retention pond and 8-foot wide bituminous walkways, installation of
berms, and planting of trees and other landscaping materials.
20. School District Donations. Developer agrees to comply with the pro-
visions of Title 19 of the Buffalo Grove Municipal Code as amended from time to
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time regarding school donations. Developer agrees that it will make
contributions of cash to the Village for conveyance to School Districts #102 and
125 according to the criteria of said Title.
21. Annexation to the Buffalo Grove Park District. The Developer 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/Developer 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 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.
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.
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25. Bindint Effect of Agreement. This Agreement shall be binding upon the
Property, the parties hereto, and their respective successors and assigns.
26. Cor orate Ca acities. The parties acknowledge and agree that the
individuals that are members of the group constituting the Corporate Authorities
are entering into this Agreement in their official capacities as members of such
group and shall have no personal liability in their individual capacities.
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 Developer: Frank Morelli, President
Scarsdale Development, Ltd.
1606 Hinman Avenue
Evanston, IL 60201
Copy to: Jerome Meister, Esq.
Horwood, Marcus & Braun
30 North LaSalle Street, 24th Floor
Chicago, IL 60602
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 or Developer defaults in his performance of his
obligations set forth in this Agreement, then the Village, may, upon notice to
Developer allow 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 period. If Developer fails to cure such default or provide
such evidence as provided above, then, with notice to Developer, the Village may
78S437
11 �s"
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-E District zoning classification. In such event,
this Agreement shall be considered to be the petition of the Developer to discon-
nect such portion of the Property, or at the option of the Village to rezone such
Property to the R-E District zoning classification.
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 for 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 developer other than Scarsdale Development,
Ltd. , then in that case, the Owner or the new designee shall be subject to the
liabilities, commitments and obligations of this Agreement.
29. Special Conditions.
A. The following variation to the Village's Development Ordinance is
hereby granted: Section 16.50.040.C.4 - to allow the use of Enkamat erosion
control matting instead of natural stones on the side slope area of the permanent
pond as depicted on EXHIBITS E and E-1.
B. The Developer shall make improvements to the Weiland Road/Newtown Drive
intersection, including the provision of turning lanes for north- and south-bound
traffic, pursuant to EXHIBITS E and E-1, and as approved by the Village Engineer.
C. The Developer acknowledges that it is the Village's intent to close
Marie Avenue. The Developer shall remove the pavement of Marie Avenue between
Weiland Road and Margaret Avenue. Developer shall provide "hammerhead"
12 ��
turn-arounds at the north ends of Margaret Avenue, Eugene Avenue, and Clarice
Avenues. Developer shall construct bituminous driveways for the residential
properties at the southwest and southeast corners of the Margaret Avenue and
Marie Avenue intersection and at the southwest corner of the Clarice Avenue and
Marie Avenue intersection. Said driveways are to replace the present access to
Marie Avenue with access to Margaret Avenue and Clarice Avenue. Said properties
for which driveways will be constructed are also known as 20748 Margaret Avenue,
20747 Margaret Avenue, and 20740 Clarice Avenue. Developer shall properly
restore any landscaping, drainage, or other items disturbed by the street and
driveway construction. All improvements shall be reviewed and approved by the
Village Engineer.
D. Developer shall make best efforts to screen the residential property on
Horatio Boulevard directly east of Newtown Drive from headlight glare of vehicles
using Newtown Drive.
E. Developer shall construct a landscaped berm along Weiland Road adjacent
to the park and retention pond pursuant to EXHIBITS E and G and as approved by
the Village Engineer.
F. Developer hereby indemnifies and holds the Village and its agents and
employees harmless from any actions or courses of action which may arise on
account of actions taken regarding Marie Avenue. This shall include, but not by
way of limitation, reimbursing the Village of reasonable attorneys' fees,
expenses, and costs incurred by the Village.
IN WITNESS WHEREOF, the Corporate Authorities 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.
/7
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My Commission Expires 12/26/90
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EXHIBIT A
PARKCHESTER ESTATES
ANNEXATION AGREEMENT
THAT PART OF SECTIONS 27, 28 , 33 , AND 34 , IN TOWNSHIP 43 NORTH
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS : 'COMMENCING ON THE EAST LINE OF SAID SECTION 33 , AT
A POINT 14rCHAINS SOUTH OF THE NORTHEAST COR14ER OF SAID
.SECTION 33 ; RUNNING THENCE EAST 2 . 13 CHAINS ; THENCE NORTH
PARALLEL TO SECTION LINES 16 . 04 CHAINS ; THENCE SOUTH 89
DEGREES -WEST 19 CHAINS; THENCE SOUTH 3 DEGREES WEST 1. 66
CHAINS TO THE SOUTH LINE OF SAID SECTION 28 ; THENCE WEST
211. 03 FEET TO THE WEST LINE OF THE 1ORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 33 ; THENCE SOUTH ON THE SAID WEST
.._r,LINE, = 1325 .,85 F1 ET...TO THE SOUTH LINE OF THE NORTHEAST 1/4 OF
THE NORTHEAST 1/4 OF SECTION 33 ; THENCE EAST ON THE SAID
SOUTH LINE, 1324 . 20 FEET TO THE EAST LIVE OF SAID SECTION 33 ;
THENCE NORTH ON SAID EAST LINE, 402 . 84 FEET TO THE PLACE OF
BEGINNING (EXCEPT THAT PART THEREOF LYING NORTHWESTERLY OF A
LINE BEING 85. 0 FEET (MEASURED AT RIGHT ANGLES) SOUTHEASTERLY
OF AND PARALLEL WITH A STRAIGHT LINE DRAWN FROM A POINT ON
THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION ' 33 ' THAT IS 112 . 45 FEET WEST OF THE
SOUTHEAST CORNER THEREOF (SAID POINT ALSO BEING ON THE
WESTERLY LINE OF WEILA14D ROAD AS DEDICATED BY HIGHLAND GROVE
UNIT NO. 3 , BEI14G A SUBDIVISION RECORDED APRIL 7 , 1978 AS
DOCUMENT 110. 1908909 IN LAKE COUNTY , ILLINOIS TO A POINT 01d
THE NORTH LINE OF THE AFORESAID NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 33 THAT IS 118 . 05 FEET EAST OF
THE NORTHWEST CORNER THEREOF) ALSO THAT PART OF THE FOLLOWING
DESCRIBED PROPERTY FALLING WITHIN THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 28 AFORESAID DESCRIBED AS
FOLLOWS : BEGINNING AT A POINT IN THE NORTH LINE OF SAID
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33 THAT
IS 204 . 39 FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE
SOUTHWESTERLY ALONG THE PROPOSED EASTERLY RIGHT—OF—WAY LINE
OF COUNTY HIGHWAY 73 (SAID EASTERLY RIGHT—OF—WAY LINE FORMING
A11 ANGLE OF 79051 ' 49" WITH THE NORTH LI14E OF SECTION 33 ,
MEASURED WEST TO SOUTH) FOR 131 . 28 FEET TO ITS I14TERSECTIOIT
WITH THE CENTER OF OLD WEILA14D ROAD; THENCE NORTHEASTERLY
ALONG SAID CENTER 35 . 08 FEET, IMORE OR LESS , TO All A14GLE POINT
THEREIN; THENCE NORTHERLY ALONG SAID CENTER 161 . 91 FEET TO A
POINT III THE AFORESAID EASTERLi RIGHT—OF—WAY LIVE OF COUNTY
HIGHWAY 73 ; THENCE SOUTHWESTERLY ALONG SAID RIGHT—OF—WAY LIVE
59 . 70 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY,
ILLINOIS .
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STATE OF ILLIN0IS
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) SS,
COUNTY OF COOK & LAKE )
I, JANET M. SIRA8IA0, hereby certify that I am the duly
elected , qualified and ocLiuQ VILLAGE CLERK of the Village of
Buffalo Grove, Counties of Cook and Lake, Illinois, and the keeper
of its seal and records.
I hereby further certify that the attached is the original
of Ucd1ouuce No. 89-17 adopted on the 6 th day of
February , 19 89 , by the Village Board of the Village
of Buffalo Grove as shown by the records in my custody,
IN WITNESS WHEREOF, I have hereunto set my buo6 and affixed
the seal of the Village of Buffalo Grove aforesaid, at said Village,
in the County and State aforesaid, this 28 th day of April ,
19 89
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0D�8�� ��� BUFFALO GROVE
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5DRAUPPDUULEVARD
8QFR\L0 GROVE, ILL/