1993-056 u e
7/8/93
ORDINANCE NO. 93- 56
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT
School District 102 Middle School, Brandyw n Lane/Prairie Road
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue
of the Illinois Constitution of 1970; and,
WHEREAS, there has heretofore been submitted to the Corporate
Authorities of the Village of Buffalo Grove a resolution 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
G rove.
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, Kahn, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Rubin
PASSED: July 12, 1993 APPROVED: _,_july 12, 1993
ATTEST: APPROVED
Vi ge Clerk NEY H HI Village President
ANNEXATION AGREEMENT
School District 102 Middle School,
Brandywyn Lane/Prairie Road
This agreement (hereinafter referred to as the "Agreement") made and entered into this
12th day of July, 1993, 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 Regional Board of
School Trustees of Lake County, Illinois, for the use and benefit of Aptakisic-Tripp Community
Consolidated School District No. 102 (hereinafter referred to as "Owner").
WITNESSETH•
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the
provisions of the Constitution of the State of Illinois of 1970; and,
WHEREAS, Owner is the owner of a certain tract of property (hereinafter referred to
as the "Property") comprising 12.50 acres legally described and identified in the Legal
Description, which is attached hereto as 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 Plan of Annexation, including certain street right-of-way adjacent to the
Property, is attached hereto as EXHIBIT B, which depicts a total area of 12.87 acres to be
annexed; and,
WHEREAS, Owner desires and proposes pursuant to the provisions and regulations
applicable to the R-1 One-Family Dwelling District of the Village Zoning Ordinance with a
Special Use for a public school facility, to develop the Property in accordance with and
pursuant to a certain Preliminary Plan prepared by Fanning/Howey Associates and dated as last
revised June 15, 1993, and also Preliminary Engineering Plan prepared by Manhard Consulting,
Ltd. and dated as last revised June 15, 1993 (hereinafter jointly referred to as "Preliminary
Plan"), a copy of which Preliminary Plan is attached hereto as EXHIBITS C and D and
incorporated herein, and subject to all other exhibits attached hereto or incorporated by
reference herein. Said development of property shall consist of a two-story elementary school
building with a total gross floor area of approximately 81,000 square feet, and appurtenant
parking areas and outdoor recreation facilities; and,
WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et se_q. , of the Illinois
Municipal Code (Chapter 65, Illinois Compiled Statutes 1992) 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-1 District with a Special Use for a public school facility; 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 5/11-15.1-1 et ., of the Illinois Municipal Code(Chapter 65, Illinois
Compiled Statutes 1992) 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 resolution pursuant to and in accordance with provisions of Section
5/7-1-14 of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1992) and as the
same may have been modified by the Village's Home Rule powers, conditioned on the execution
of this Agreement and the compliance with the terms and provisions contained herein, to annex
the Property to the Village. It is understood and agreed that this Agreement in its entirety,
together with the aforesaid petition for annexation, shall be null, void and of no force and effect
unless the Property is validly annexed to the Village and is validly zoned and classified in the
R-1 District with a Special Use for a public school facility, all as contemplated in this
Agreement.
3. Enactment of Annexation Ordinance. The Corporate Authorities within twenty-
one (21) days of the execution of this Agreement by the Village will enact a valid and binding
ordinance (hereinafter referred to as the "Annexation Ordinance") annexing the Property 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). Recording 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 the Property in the R-1 District with a Special Use for a public school facility
subject to the restrictions further contained herein and, to the extent required by law, 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 substantial accordance
with the Preliminary Plan (EXHIBITS C and D) and other exhibits attached hereto or
incorporated by reference herein.
S. Approval of Plans. The Corporate Authorities hereby approve the Preliminary
Plan (EXHIBITS C and D) pursuant to the provisions of the Development Ordinance. The
Corporate Authorities agree to approve a Development Plan (including plats of subdivision)
based on final versions of the plans and drawings of the development of the Property as
submitted by the Owner, provided that the Development Plan shall:
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The Owner agrees to dedicate a right-of-way 60 feet in width along the west side of the
Property from Brandywyn Lane to the south lot line of the Property.
The Owner agrees to dedicate 20 feet of right-of-way along the south side of Brandywyn
Lane. Said dedications of right-of-way for Prairie Road, the future collector street and
Brandywyn Lane shall be made at the time of the first plat of subdivision for the Property.
14. Exhibits. The following EXHIBITS, some of which were presented in testimony
given by the Owner or the witnesses during the hearings held before the Plan Commission and
the Corporate Authorities prior to the execution of this Agreement, are hereby incorporated by
reference herein, made a part hereof and designated as shown below. This Agreement, upon
execution by the parties, together with copies of all EXHIBITS, shall be kept on file with the
Village Clerk and be available for inspection to the parties hereto.
EXHIBIT A Legal Description
EXHIBIT B Plat of Annexation
EXHIBIT C Preliminary Plan dated June 15, 1993 by Fanning/Howey Associates
EXHIBIT D Preliminary Engineering Plan dated June 15, 1993 by Manhard
Consulting, Ltd.
EXHIBIT E Landscaping Plan dated June 15,"1993 by Fanning/Howey Associates
EXHIBIT F Building elevations and floor plans dated April 22, 1993 by
Fanning/Howey Associates
15. Building, Landscaping and Aesthetics Plans. Owner agrees to cooperate with
the Village by submitting building and landscaping plans for review by the Appearance
Commission and the Corporate Authorities before commencing construction of buildings.
Lighting and signage shall be compatible with surrounding areas and as approved by the
Appearance Commission. Phases not under construction or completed shall be maintained in
a neat and orderly fashion as determined by the Village Manager.
16. Annexation to the Buffalp Grove Park District. The Owner agrees, at the
request of the Buffalo Grove Park District, to annex any part or all of the subject Property to
said Park District.
17. 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 its intention to fully comply with all Village requirements to the
extent required by law, its willingness to discuss any matters of mutual interest that may arise,
and its 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.
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18. 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.
19. Term of Agreement. This Agreement will be binding on all parties and the
Property for a term of twenty (20) years from the date of the execution of this Agreement by
the Village. This Agreement shall not be assigned without prior written consent of the Village.
20. Binding Effect of Agreement. This Agreement shall be binding upon the
Property, the parties hereto and their respective successors and assigns.
21. Corporate Capacities. The parties acknowledge and agree that the individuals
that are members of the group constituting the Corporate Authorities, the Owner, and Aptakisic-
Tripp School District No. 102 and its Board of Education are entering into this Agreement in
their official capacities as members of such groups and shall have no personal liability in their
individual capacities.
22. Notices. Any notice required pursuant fo 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: Dr. C. Douglas Parks, Superintendent
Aptakisic-Tripp Community Consolidated School
District No. 102
1231 Weiland Road
Buffalo Grove, IL 60089
Copy to: Therese Hodges
Hodges, Loizzi, Eisenhammer, Rodick & Kohn
3030 Salt Creek Lane, Suite 202
Arlington Heights, IL 60005
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Raysa & Skelton
1140 Lake Street
Suite 400
Oak Park, IL 60301
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23. Default. In the event Owner defaults in his performance of his obligations set
forth in this Agreement, then the Village may, upon notice to Owner, allow Owner sixty (60)
days to cure default or provide evidence to the Village that such default will be cured in a timely
manner if it cannot be cured during said period. If Owner fails to cure such default or provide
such evidence as provided above, then, with notice to Owner, the Village may begin proceedings
to disconnect from the Village any portion of the Property upon which development has not been
completed or at the option of the Village, to rezone such Property to the R-E District
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 classification.
24. Special Conditions.
A. The following variations to the Village's Development Ordinance are hereby
granted:
Section 16.50.040.C.3. - to waive the requirement for underdrains in the
stormwater detention facilities;
Section 16.50.040.D. - to allow low argils of the parking lot to be less than 12
inches above the high water level of the stormwater detention facilities.
B. The Owner shall construct the portion of the future collector street on the west
side of the Property necessary to provide access to the west parking/bus circulation area on the
Property. Construction of said collector street shall be in conformance with the standards of the
Buffalo Grove Development Ordinance.
C. The Owner shall provide streetlights, parkway trees and sidewalks along
Brandywyn Lane and Prairie Road as required by the Buffalo Grove Development Ordinance.
The sidewalks along Brandywyn Lane and Prairie Road shall be eight (8) feet in width.
D. The Owner shall construct a twelve (12) inch diameter water main along
Prairie Road east of the Property in conformance with the Buffalo Grove Development
Ordinance.
E. The Owner shall provide the grading plan showing trees to be preserved or
relocated to the Village prior to any grading or site preparation activities.
F. All water wells and septic sewer facilities on the Property shall be properly
sealed or filled as required by the Illinois Department of Public Health and as approved by the
Village Health Officer.
G. Existing structures on the property shall be removed. One single-family
structure may be used as a construction office for the middle school project prior to removal of
said structure. If the Village so directs, Owner shall allow the Village to use said structures for
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fire training purposes. Owner shall be responsible for removing all debris and building remains
from the Property.
H. The Owner shall complete all improvements as set forth on the Exhibits
attached hereto and those improvements described in Paragraph 24.0 above within four (4)years
from the date of this Agreement.
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.
VILLAG B GROVE
By
Its
ATTEST: �a
OWNER: Regional Board of School
Trustees of Lake County, Illinois, for the
use and benefit of Aptakisic-Tripp
Community Consolidated School District
No. 102
Its
ATTEST:
OWNER: Aptakisic-Tripp Community
Consolidated School District No. 102,
Lake County, Illinois
By: Cur
Its �e S l D gxe 6
ATTEST:
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VILLAGE OF BUFFALO GROVE
ORDINANCE NO.
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
07 BUFFALO GRO
THIS DAY OF 19C�
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, CookA Lake Counties, Illinois,
this day of , 19—?'�3.
Village Cler
By.
puty Village Clerk