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1989-055 6/21/89 ORDINANCE 89- 55 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT (Peter David Pro ert , 20039 Buffalo Grove Road) WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, there has heretofore been submitted to the Corporate Authorities of the Village of Buffalo Grove a petition to annex the property legally described in Exhibit A hereto; and, WHEREAS, there has been submitted to the Corporate Authorities of the Village of Buffalo Grove an Annexation Agreement; and, WHEREAS, proper and due notice of the public hearing on said Annexation Agreement and Zoning has been given and a public hearing was held; and, WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to approve said Annexation Agreement. - NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. The Annexation Agreement, a copy of which is attached hereto and made a part hereof as Exhibit A is approved. Section 2. The President and Clerk of the Village are hereby authorized to execute said Agreement on behalf of the Village of Buffalo Grove. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 5 - Marienthal, Glover, Shifrin Mathias O'Malle NAYES: 0 - None ABSENT: 1 - Reid PASSED: July_ 17 1989 APPROVED: july 17 1989 APPROVED: VERNA L. CLAYTON, Village Presid ATTEST: ti � O `i Village Clerk b��e 6/21/89 ORDINANCE 89- 55 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT (Peter David Pro ert' , 20039 Buffalo Grove Road) WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, there has heretofore been submitted to the Corporate Authorities of the Village of Buffalo Grove a petition to annex the property legally described in Exhibit A hereto; and, WHEREAS, there has been submitted to the Corporate Authorities of the Village of Buffalo Grove an Annexation Agreement; and, WHEREAS, proper and due notice of the public hearing on said Annexation Agreement and Zoning has been given and a public hearing was held; and, WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to approve said Annexation Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. The Annexation Agreement, a copy of which is attached hereto and made a part hereof as Exhibit A is approved. Section 2. The President and Clerk of the Village are hereby authorized to execute said Agreement on behalf of the Village of Buffalo Grove. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 5 - Marienthal, Glover, Shifrin Mathias O'Malle^ NAYES: 0 - None ABSENT: 1 - Reid PASSED: July 17 1989 APPROVED: July 17 1989 APPROVED: VERNA L. CLAYTON, Village Presid ATTEST: _:.i`...,-�. f,'�rnl '• r o ,�,'��iS� �.�'-t"'��!' r` _'Cry-1.C►-�S-ti'L11: PGa rt�w Villae Clerk ,, 7117189 PETER DAVID PROPERTY (20039 Buffalo Grove Road) ANNEXATION AGREEMENT TABLE OF CONTENTS 1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 2. Agreement: Compliance and Validit . . . . . . . . . . . . . . . . . . . . . . 2 3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 4. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 5. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 7. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 8. Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 9. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..5 10. Payment of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 11. Security for Public and Private Site Improvements. . . . . . . . . . . . . . . . ..5 12. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 13. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .6 14. Enforceability of the Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 15. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 16. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 17. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 18. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 19. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 20. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 J PETER DAVID PROPERTY (20039 Buffalo Grove Road) Annexation Agreement LOCATION MAP PR KWcr c a - - CT rV ,t R - _ B5 'z y Q i..� 9 0 rtn o 0 S R 9 4B.3 r 9a B2 STE 'P 14 v :w. 9�G4(R 8) .�. L _ cR 3 ,tPP R 9 �. { .,.;' 1LL_C_L_Ld Subject Property �: .*•+���`$ rf. 7117189 PETER DAVID PROPERTY (20039 Buffalo Grove Road) ANNEXATION AGREEMENT This agreement (hereinafter referred to as the "Agreement") made and entered into this 17th day of July, 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 Peter P. David and Patricia B. David (hereinafter referred to as "Owner") . W I T N E S S E T H: WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and, WHEREAS, Owner is the owner of a certain tract of property (hereinafter referred to as the "Property") comprising 0.3076 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 is attached hereto as EXHIBIT B, which depicts a total area of 0.3076 acres to be annexed; and, WHEREAS, Owner desires to annex and use the Property pursuant to the pro- visions and regulations applicable to the B-5 (Town Center) District of the Village Zoning Ordinance, with Special Use authorization pursuant to Section 17.44.060.D.1.c. of the Zoning Ordinance to continue using the existing principal building as office space; 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 1 ��%J����C 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 B-5 District, Special Use and variations; 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 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 B-5 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 B-5 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 use of the Property for office space in the existing principal building. ,. 5. Compliance with Applicable Ordinances. The Owner agrees to comply with all ordinances of the Village of Buffalo Grove as amended from time to time in the development of the Property, provided that all new ordinances, amendments, rules and regulations relating to zoning, building and subdivision of land adopted after the date of this Agreement shall not be arbitrarily or discrimina- torily applied to the Property but shall be equally applicable to all property similarly zoned and situated to the extent possible. Owner, in the development of the Property shall comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as amended from time to time. 6. 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 3 developments in the Village to the extent possible. In the event a conflict arises between the Owner and the Village on any engineering and technical matters subject to this Agreement, the Village reserves the right to pass along any and all additional expenses incurred by the use of consultants in the review and inspection of the development from time to time. Owner shall pay any non-discriminatory new or additional fees hereinafter charged by the Village to Owner or property within the Village. 7. Water Provision. The Owner shall be permitted and agrees to tap on to the Village water system at points recommended by the Village Engineer. Said connection shall be made within sixty (60) days of the date of this Agreement. The Owner 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 Owner agrees to accept any increase in water rates and tap on fees provided such rates and fees apply consistently to all other similar users in the Village to the extent possible. Following such tap on, the Village agrees to provide to the best of its ability and in a non-discriminatory manner water service to all users on the Property. Watermains serving the Property and those approved as part of the development shall be installed by the Owner and, except for service connections to the buildings shall, upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, be dedicated to the Village and become a part of the Village water system maintained by the Village. 8. Sanitary Sewer Provisions. A. The Corporate Authorities agree to cooperate with the Owner and to use their best efforts to aid Owner in obtaining such permits from governmental agencies having jurisdiction as may be necessary to authorize connection from the Property to the Lake County Public Works Department for the collection of sewage. 4 The Owner shall construct on-site and off-site sanitary sewers as may be necessary to service the Property, as approved by the Village Engineer. The Property shall be connected to the Village's sanitary sewer system when access through a right-of-way or easement is available to accomplish said connection. If the Village determines that the said right-of-way or easement must be acquired by purchase to provide sanitary sewer service to the Property to protect the public health safety and welfare, the Owner shall pay the cost of said right-of-way or easement acquisition. The Owner agrees to accept any increase in sewer rates and tap on fees, provided that such fees and rates are applied consistently to all similar users in the Village to the extent possible. 9. Drainage Provisions. The Owner shall fully comply with any request of the Village Engineer to preserve drainage standards. The Owner shall install any storm sewers and/or inlets which are required to eliminate standing water or conditions of excess sogginess which may, in the opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses. 10. Payment of Recapture Fees Owed. Recapture fees required to be paid for connection to the sanitary sewer system pursuant to Village Ordinance No. 88-62 shall be paid at the time of engineering review for the sewer by the Village Engineer. 99. Security for Public and Private Site Improvements. Security for public and private site improvements shall be provided in accordance with any Develop- ment Ordinance, and any Development Improvement Agreement required by the Village Engineer. 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 5 K.X's 4 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. 12. Exhibits. The following EXHIBITS, some of which were presented in testimony given by the Owner 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 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 June 21, 1989 EXHIBIT C Plat of Survey, dated March 3, 1989 13. Facilitation of Development. Time is of the essence of this Agreement, and all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed that the successful consummation of this Agreement and the development of the Property in the best interests of all the parties requires their continued cooperation. The Owner does hereby evidence his intention to fully comply with all Village requirements, his willingness to discuss any matters of mutual interest that may arise, and his willingness to assist the Village to the fullest extent possible. The Village does hereby evidence its intent to always cooperate in the resolution of mutual problems and its willingness to facilitate the development of the Property, as contemplated by the provisions of this Agreement. 14. 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 6 J 1 shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the provisions contained herein. 15. 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. 16. Binding Effect of A reement. This Agreement shall be binding upon the Property, the parties hereto, and their respective successors and assigns. 17. 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. 18. Notices. Any notice required pursuant to the provisions of this Agreement shall be in writing and be sent by certified mail to the following addresses until notice of change of address is given and shall be deemed received on the fifth business day following deposit in the U.S. Mail. If to Owner: Peter P. David 4036 Terramere Arlington Heights, IL 60004 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 19. Default. In the event Owner defaults, in his performance of his obligations set forth in this Agreement, then the Village, may, upon notice to 7 "'3. J S Owner allow Owner sixty (60) days to cure default or provide evidence to the Village that such default will be cured in a timely manner if it cannot be cured during said period. If Owner fails to cure such default or provide such evidence as provided above, then, with notice to Owner, the Village may begin proceedings to disconnect from the Village any portion of the Property upon which development has not been completed or a 11 t 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 Owner to disconnect such portion of the Property, or at the option of the Village to rezone such Property to the R-E District zoning classification. 20. Special Conditions. A. The following variations to the Village's Zoning Ordinance are hereby granted i. Section 17.44.060.D.1 .b. - to allow a sub-district area of 0.31 acres instead of the minimum 10 acre area required in the Commercial/Recreational Sub-District. ii. Section 17.44.060.D.1 .j. - to allow setbacks of less than 25 feet adjacent to residential boundary lines for the existing structures on the Property as depicted on EXHIBIT C hereto. B. The existing office use of the Property shall be maintained, and any change in use shall be subject to village approval. C. There shall be no exterior structural changes on the Property, and any exterior changes to the structures shall be subject to review and approval by the Village's Appearance Commission. D. The existing parking lot shall be lined to provide parking spaces as required by the Village's Zoning and Development Ordinances, including the designation of one space for use by handicapped individuals. 8 `��,� E. The principal building shall be upgraded concerning Village code requirements by provision of the following improvements, as recommended and approved by the Buffalo Grove Fire Department and Department of Building and Zoning: i. An automatic fire alarm system; emergency lighting and exit signs; fire extinguishers; and the removal or capping of the gas line on the second floor. ii . Electrical services shall be brought into code compliance, including the removal of open wiring, provision of minimum services of 100 amperes, maintenance of thirty-six inch clearance to electrical equipment, and replacement of switches and covers where required. iii. The furnace flue shall be improved as required. iv. The roof shall be improved as needed to provide adequate structural integrity. These improvements shall be completed within ninety (90) days of the date of this Agreement. F. The private water well shall be properly abandoned as recommended and approved by the Village's Health Officer. Said well abandonment shall be completed within sixty (60) days of the date of this Agreement. G. A ramp for access by handicapped persons to the principal building shall not be required unless the building is enlarged or substan- tially altered. H. The existing free-standing wood sign on the Property shall be allowed to remain in use, provided that it is maintained pursuant to the Buffalo Grove Sign Code. Any alterations to said sign 9 ���,� shall be done in accordance with the Buffalo Grove Sign Code. If said sign is materially damaged, the sign shall be brought into full compliance with the Buffalo Grove Sign Code. All other signs on the Property shall comply with the Buffalo Grove Sign Code. I. if additional right-of-way along Buffalo Grove Road is needed in the future to allow necessary improvements, Owner shall dedicate said right-of-way upon request by the Village or other govern- mental entity. J. If the buildings or structures on the Property are materially damaged or if the Special Use ceases for more than six (6) months, then the Special Use and the variations granted herein shall be null and void. The foregoing may be modified by the Village in its sole discretion and without public hearing. IN WITNESS WHEREOF, the Corporate Authorities and Owner have caused this instrument to be executed by their respective proper officials duly authorized to execute the same on the day and the year first above written. VILLAGE BUFFALO GROVE VERNA L. CLAYTON, Village Pre dent ATTEST: Village C 1 e r k OWNERf _ m_..... C ATTEST: 10 ���� EXHIBIT A PETER DAVID PROPERTY SUBJECT PROPERTY LEGAL DESCRIPTION: PARCEL It THAT PART OF THE SOUTH WEST OUARTER OF SECTION 33. TOWNSHIP 43 WORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN. BOUNDED BY A LINE DESCRIBED AS FOLLOWS1 BEGINNING AT A POINT WHERE THE SOUTH LINE OF SAID SECTION 33 INTERSECTS THE CENTER LINE OF MCHENRY ROAD, SAID POINT OF INTERSECTION BEING 14. 10 CHAINS EAST OF THE SOUTH WEST CORNER OF SECTION 33, THENCE NORTH 34 DEGREES WEST ALONG THE CENTER LINE OF SAID ROAD 81.4? FEET AND THIS SHALL BE THE PLACE OF BEGINNINGI THENCE NORTH 34 DEGREES WEST ALONG THE CENTER OF SAID ROAD TO THE MOST SOUTHERLY COFMIER OF A TRACT OF LAND CONVEYED TO FRANK WELTER BY OUIT CLAIM DEED RECORDED AS DOCUMENT 3675821 THENCE NORTH 61 DEGREES, 12 MINUTES EAST ALONG THE SOUTH EASTERLY LINE OF SAID WELTER TRACT, 87.0 FEET TO TFIE NORTHERLY LIME OF THE TRACT OF LAND CONVEYED TO JOSEPH EMMERICH AND WIFE BY WARRANTY DEED DOCUMENT 144862T THENCE -SOUTH 81 DEGREES EAST ALONG THE NORTH LINE OF SAID TRACT TO THE NORTH WEST CORNER OF TILE TRACT OF LAND CONVEYED -TO THOMAS F. HALEY AND MARY ►4ALEY. HIS WIFE, BY WARRANTY DEED RECORDED MAY S. 1947 AS DOCUMENT 616413l THENCE SOU1t4 WESTERLY ALONG THE NORTH WESTERLY LINE OF SAID HALEY TRACT 200 FEET. MORE OR LESS, TO THE PLACE OF BEGINNING (EXCEPT THE SOUTH WESTERLY 50.0 FEET THEREOF) IN VERNON TOWNSHIP. LATE COUNTY, ILLINOIS. PARCEL :1 A PART OF THE SOUTH WEST DUARTER OF SECTION 33, TOWNSHIP 43 NORTH. RANGE 11. EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOW'St BEGINNING AT THE SOUTH WEST CORNER OF SAID SECTION 331 THENCE EAST ON THE SOUTH LINE OF SAID SECTION 922. 13 FEET TO THE CENTER OF MCHENRY ROADI THENCE NORTH 34 DEGREES, 9 MINUTES WEST ALONG THE CENTER LINE OF SAID ROAD 271.B7 FEET; THENCE NORTH 61 DEGREES, 12 MINUTES EAST 87.4 FEET FOR A POINT OF BEGINNING FROM SAID POINT OF -BEGINNING RUNNING NORTH 61 DEGREES. 12 MINUTES EAST 78 FEETI THENCE SOUTH 22 DEGREES, 7 MINUTES EAST 35.5 FEETI T14ENCE NORTH 81 DEGREES WEST 91.25 FEET TO THE POINT OF BEGINNING, IN VERNON TOWNSHIP, LAKE COUNTY, ILLINOIS. SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 0.31 acre parcel on the east side of Buffalo Grove Road approximately 220 feet north of Lake Cook Road, also known as 20039 Buffalo Grove Road. i� VILLAGE OF BUFFALO GROVE ORDINANCE NO. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GRO THIS DAY OF lg a Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffal rove, Cook & Lake Counties, Illinois, this day of lg-4f lage Clerk By Deputy Clerk