1998-015 3/19/98
ORDINANCE NO. 98-15
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR
Shell Oil Company, Inc.
Southwest corner of Arlington Heights Road/IL Route 83
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.
3/23/98
SHELL OIL COMPANY, INC.
Property (3.744 acres) at the southwest corner of
Arlington Heights Road/IL Route 83
ANNEXATION AGREEMENT
Table of Contents
1 . Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2. Agreement: Compliance and Validity. . . . . . . . . . . . . . . . . . . 3
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . 4
4. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . 4
5. Approval of Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6. Compliance with Applicable Ordinances . . . . . . . . . . . . . . . . 5
7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
10. Storm and Sanitary Sewer Provisions . . . . . . . . . . . . . . . . . 7
11 . Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12. Payment of Recapture Fees Owed . . . . . . . . . . . . . . . . . . . 8
13. Security for Public and Private Site Improvements . . . . . . . . 8
14. Right of Way Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . . 9
15. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
16. Building. Landscaping and Aesthetics Plans . . . . . . . . . . . . 11
17. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . 11
18. Enforceability of the Agreement . . . . . . . . . . . . . . . . . . . . 11
19. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
20. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . 12
21 . Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
22. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
23. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
24. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
25. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
SHELL OIL COMPANY, INC.
Annexation Agreement
Location Map
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3/23/98
SHELL OIL COMPANY, INC.
Property (3.744 acres) at the southwest corner of
Arlington Heights Road/IL Route 83
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and entered
into this 23rd day of March, 1998, 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 Shell Oil Company, Inc. an Illinois corporation (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 3.744 acres legally described and identified
in the Legal Description, attached hereto as EXHIBIT A and made a part hereof, and
which real estate is contiguous to the corporate limits of the Village; and,
1
WHEREAS, a Plat of Annexation, including certain street right-of-way
adjacent to the Property, is attached hereto as EXHIBIT B, which depicts a total area
of 4.404 acres to be annexed; and,
WHEREAS, Owner desires and proposes pursuant to the provisions and
regulations applicable to the B-3 Planned Business Center District of the Village Zoning
Ordinance to develop the Property in accordance with and pursuant to a certain
Preliminary(Site) Plan prepared by Thompson Dyke and Associates, Ltd. and dated as
last revised October 10, 1997, and also a certain Preliminary Engineering Plan prepared
by Shell Oil Company, Inc. and dated as last revised February 26, 1996, (hereinafter
jointly referred to as "Preliminary Plan") a copy of which Preliminary Plan is attached
hereto as EXHIBITS D and E and incorporated herein, and subject to all other exhibits
attached hereto or incorporated by reference herein. Said development of the Property
shall consist of a principal building of 4,587 square feet consisting of a Shell
convenience store of 1 ,617 square feet and a McDonald's restaurant of 2,970 square
feet with a drive-through service window, a car wash building of 1 ,000 square feet
and gasoline pumpers covered by a canopy as depicted on EXHIBITS D and E.
WHEREAS, pursuant to the provisions of Section 5/1 1-15.1-1 et. seq., of the
Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1996) and as the same
may have been modified by the Village's Home Rule Powers, a proposed Annexation
Agreement was submitted to the Corporate Authorities and a public hearing was held
thereon pursuant to notice as provided by Statute; and,
2
WHEREAS, pursuant to due notice and advertisement, the Plan Commission of
the Village has held a public hearing and made its recommendations with respect to
the requested zoning classification of the B-3 District; 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 5/1 1-15.1-1 et. seq., of the Illinois Municipal Code
(Chapter 65, Illinois Compiled Statutes 1996) and as the same may have been
modified by the Village's Home Rule powers. The preceding whereas clauses are
hereby made a part of this Agreement.
2. Agreement: Compliance and Validity. The Owner has filed with the
Village Clerk of the Village a proper petition pursuant to and in accordance with the
provisions of Section 5/7-1-8 of the Illinois Municipal Code (Chapter 65, Illinois
Compiled Statutes 1996) and as the same may have been modified by the Village's
Home Rule powers, conditioned on the execution of this Agreement and the
compliance with the terms and provisions contained herein, to annex the Property 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
3
unless the Property is validly annexed to the Village and is validly zoned and classified
in the B-3 Planned Business Center 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 Ordinance")
annexing the Property to the Village. Said Annexation Ordinance shall be recorded
with the Lake County Recorder's Office along with the Plat of Annexation (attached
hereto as EXHIBIT B).
4. Enactment of Zoning Ordinance. Within twenty-one (21 ) days after the
passage of the Annexation Ordinance, the Corporate Authorities shall adopt a proper,
valid and binding ordinance, zoning the Property in the B-3 District subject to the
restrictions further contained herein and all applicable ordinances of the Village of
Buffalo Grove as amended from time to time. Said zoning shall be further conditioned
on the development of the Property in accordance with the Preliminary Plan (EXHIBITS
D and E) and other exhibits attached hereto or incorporated by reference herein.
5. Approval of Plans. The Corporate Authorities hereby approve the
Preliminary Plan (EXHIBITS D and E) pursuant to the provisions of the Development
Ordinance. The Corporate Authorities agree to approve a Development Plan (including
plats of subdivision) based on final versions of the plans and drawings of the
development of the Property as submitted by the Owner provided that the
Development Plan shall:
4
(a) conform to the approved Preliminary Plan, and
(b) conform to the terms of this Agreement and all applicable Village
Ordinances as amended from time to time; and
(c) conform to the approved Development Improvement Agreement as
amended from time to time.
6. 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 discriminatorily 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. Notwithstanding the foregoing, the Village shall not apply new ordinances or
regulations to the Property to the extent that the ordinances or regulations will prevent
development of the Preliminary Plan approved herein.
7. Amendment of Plan. If the Owner desires to make changes in the
Preliminary Plan, as herein approved, the parties agree that such changes in the
Preliminary Plan will require, if the Village so determines, the submission of amended
plats or plans, together with proper supporting documentation, to the Plan Commission
and/or the Corporate Authorities to consider such changes to the Preliminary Plan. The
Corporate Authorities may, in their sole discretion, require additional public hearings
and may review the commitments of record contained in this Agreement, including,
5
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 - (a) involves a reduction of the area
set aside for common open space; nor (b) increases by more than two percent (2%)
the floor area proposed for nonresidential use; nor (c) 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 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 owners and developers of
properties within the Village.
9. Water Provision. The Owner shall be permitted and agrees to tap on to
the Village water system at points recommended by the Village Engineer which points
to be extent shown on EXHIBIT E are hereby approved by the Village. It is understood,
however, that changes to the Preliminary Engineering Plan may be required at the time
of. Final Engineering. The 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
6
in the Village to the extent possible. Following such tap on, the Village agrees to
provide to the best of its ability and in a non-discriminatory manner water service to
all users on the Property in accordance with the Preliminary Plan. Watermains serving
the Property and those approved as part of the development shall be installed by the
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.
10. Storm and 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
proposed development to the Lake County Department of Public Works for the
collection of sewage. The Owner shall construct on-site and off-site sanitary sewers
as may be necessary to service the Property, in accordance with EXHIBIT E. It is
understood, however, that changes to the Preliminary Engineering Plan may be
required at the time of Final Engineering. Upon installation and acceptance by the
Village through formal acceptance action by the Corporate Authorities, the Corporate
Authorities agree to operate and maintain such systems, except for sanitary sewer
service connections. The 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.
7
B. The Owner shall also construct any storm sewers which may be
necessary to service the Property, in accordance with EXHIBIT E. It is understood,
however, that changes to the Preliminary Engineering Plan may be required at the time
of Final Engineering. Upon installation and acceptance by the Village through formal
acceptance action by the Corporate Authorities, the Corporate Authorities agree to
operate and maintain that portion of the storm sewer system which serves public
streets and the public stormwater management system. The Owner agrees to operate
and maintain that portion of the storm sewer system located on the subject Property
and not dedicated.
11 . Drainage Provisions. The Owner shall fully comply with any request of
the Village Engineer related to the placement of buildings on lots, 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.
12. Payment of Recapture Fees Owed Any amount of recapture pertaining
to connection to the Village water system required to be paid by this Property shall be
due and payable to the Village upon final platting of the first plat of subdivision of any
portion of the Property.
13. Security for Public and Private Site Improvements Security for public and
private site improvements shall be provided in accordance with the Development
Ordinance, and the Development Improvement Agreement (EXHIBIT C) as amended
from time to time. Any letter of credit issued for such improvements shall be drawn
8
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.
14. Right of Way Dedication. At the request of the Village, but no later than
upon approval of the first plat of subdivision of any portion of the Property, Owner
agrees to dedicate such additional right-of-way along Arlington Heights Road and
Fremont Way as depicted on EXHIBITS D and E and as approved by the Village.
15. 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 dated January 14, 1998
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary (Site) Plan dated as last revised October 10,
1997 by Thompson Dyke and Associates, Ltd.
9
EXHIBIT E Preliminary Engineering Plan dated as last revised February
26, 1996 by Shell Oil Company, Inc.
EXHIBIT F Landscaping Plan dated as last revised October 10, 1997
by Thompson Dyke and Associates
EXHIBIT G, Building elevations dated as last revised January 8, 1998
G-1 ,G-2
by Thompson Dyke and Associates, Ltd.
EXHIBIT H Car wash and canopy elevations dated as last revised
January 8, 1998 by Thompson Dyke and Associates, Ltd.
EXHIBIT I Building floor plan dated as last revised February 27,
1996 by Thompson Dyke and Associates, Ltd.
EXHIBIT J Lighting specifications (4 sheets) dated as last revised
by LSI Industries
EXHIBIT K Lighting Photometrics (all the light standards are
Include in the calculations) dated as last revised March 25,
1996 by LSI Industries
EXHIBIT L Lighting Photometrics (some of the light standards have
been removed in the calculations) dated as last revised
March 25. 1996 by LSI Industries
EXHIBIT M Building elevation sheet depicting "military" blue roof (as
specified by the Peterson Aluminum Corporation)for Shell
convenience store/McDonald's restaurant building (no date,
received March 19, 1998)
10
16. Building. Landscaping and Aesthetics Plans. Buildings, landscaping,
signage and outside lighting on the Property shall be in compliance with EXHIBITS
F, G, H, I, J, K and L of this Agreement. Revisions to said EXHIBITS are subject to
review and approval by the Village. Removal of any trees on the Property is subject to
approval by the Village Forester. Notwithstanding any EXHIBITS hereto, the building
roof as depicted on EXHIBITS G and G-1 hereto shall be blue pursuant to EXHIBIT M
dated as received March 19, 1998 and further identified as "military blue" by the
Peterson Aluminum Company.
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 is in the best interests of all the
parties and requires their continued cooperation. The Owner does hereby evidence its
intention to fully comply with all Village requirements, their willingness to discuss any
matters of mutual interest that may arise, and their willingness to assist the Village to
the fullest extent possible. The Village does hereby evidence its intent to cooperate
in the resolution of mutual problems and its willingness to facilitate the development
of the Property, as contemplated by the provisions of this Agreement.
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
11
excised herefrom and the invalidity thereof shall not affect any of the provisions
contained herein.
19. Term of Agreement. This Agreement is binding on all parties and the
Property for a term of twenty (20) years from the date of the execution of this
Agreement by the Village. This Agreement shall not be assigned without prior written
consent of the Village.
20. Binding Effect of Agreement. This Agreement is binding upon the
Property, the parties hereto and their respective grantees, successors and assigns.
21 . 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.
22. 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: M.P. Keintz
Shell Oil Company, Inc.
1415 West 22nd Street
Oak Brook, IL 60522
Copy to: George D. Maurides, Esq.
George D. Maurides and Associates
70 W. Madison Street, Suite 2100
Chicago, IL 60602
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
12
Copy to: William G. Raysa, Esq.
Raysa & Skelton, P.C.
1 140 Lake Street, Suite 400
Oak Park, IL 60301
23. Default. In the event Owner defaults in performance of its
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 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 Residential
Estate District. 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 Residential Estate District
24. Litigation.
A. The Owner, at its cost, shall be responsible for any litigation which
may arise relating to the annexation, zoning and development of the Property. Owner
shall cooperate with the Village in said litigation but Owner's counsel will have
principal responsibility for such litigation.
B. The Owner shall reimburse the Village for reasonable attorneys'
fees, expenses and costs incurred by the Village resulting from litigation relating to the
annexation, zoning and development of the Property or in the enforcement of any of
the terms of this Annexation Agreement upon a default by the Owner.
13
C. Owner hereby indemnifies and holds the Village harmless from any
actions or causes of action which may arise as a result of development activities for
which the Owner is responsible.
25. Special Conditions.
A. Street Improvements
1 . Owner shall construct the improvements to Fremont Way at
the intersection with Arlington Heights Road as depicted on
EXHIBITS D and E. Said improvements shall be completed
in the first phase of development of the Property.
2. a. Owner shall construct the driveway to Fremont Way
as depicted on EXHIBITS D and E, and signs shall be
posted at the exit of said driveway prohibiting right
turns to westbound Fremont Way.
b. Owner shall bond (in an amount to be determined by
the Village) for the costs of a future reconfiguration
of the driveway connecting to Fremont Way to allow
only right turns into the Property and left turns out of
the Property, and said obligation shall be effective for
a period of three (3) years following the issuance of
the first certificate of occupancy for a building on the
Property.
The Village shall determine, in its sole discretion, if
said driveway reconfiguration is required within said
14
three (3) year period. Said driveway reconfiguration
shall be constructed by the Owner in accordance
with an engineering plan approved by the Village.
If after the foregoing three (3) year period, the Village
determines that said driveway reconfiguration is
necessary, the Owner hereby grants to the Village
the right to enter onto its Property and reconfigure
the driveway at the sole cost of the Village.
C. Owner shall bond (in an amount to be determined by
the Village) for the costs of a future reconfiguration
of Fremont Way west of the driveway for the
Property to allow access only for emergency vehicles
between Bristol Lane and the Fremont Way driveway.
The Village shall determine, in its sole discretion, if
said reconfiguration of Fremont Way is required
within said three (3) year period. Said street
reconfiguration shall be constructed by the Owner in
accordance with an engineering plan approved by the
Village.
3. Owner shall pay fifty (50) percent of the costs of the
design, construction engineering and construction of a
traffic signal at the intersection of Arlington Heights Road
and Heritage place if the Village secures approval for
15
erection of said traffic signal within thirty-six (36) months
following the issuance of the first certificate of occupancy
for a building on the Property.
B. Daily hours of operation for uses on the Property shall be allowed
as follows:
1 . Gasoline pumping and sales and convenience store:
24 hours, including deliveries of gasoline. Deliveries to the
convenience store: 5:00 a.m. to 10:00 p.m.
2. Restaurant: 6:00 a.m. to 12 a.m.. Deliveries: 5:00 a.m. to
10:00 P.M.
3. Car wash and outside vehicle vacuums: 6:00 a.m.
to 10 p.m.
4. Trash and refuse removal: 7:00 a.m. to 5:00 p.m.
C. Those outside lights on the Property as depicted by the nine
dashed circles on EXHIBIT L shall be turned off when the
restaurant closes each day.
D. Odor emissions from food operations, including the restaurant, on
the Property shall be controlled and minimized by using scrubbing
equipment, filters or similar measures. Said equipment shall be
continuously maintained to minimize odors affecting properties
adjacent to the Property. The Village or its designated agents will
monitor adjacent properties to determine if odors from the Property
16
are present. In the event that odors are present on adjacent
properties, Owner shall mitigate odors immediately as directed by
the Village.
E. Sound from speakers and similar equipment shall not be audible
beyond the lot lines of the Property. No alarm, bell, buzzer or
similar device shall be used for the car wash operation.
F. Owner shall provide landscaping and other improvements on the
Concord Place property in accordance with a plan approved by the
Concord Place Homeowners Association and the Village.
Said landscaping shall be installed prior to the issuance of the first
certificate of occupancy for a building on the Property. Owner shall
bond for an amount of up to $20,000.00 for the estimated cost
of said improvements.
G. Owner shall pay a fire protection impact fee of $0.75 per gross
square foot of all buildings constructed on the Property. Said fee
shall be paid at issuance of building permits.
H. 1 . In the event that the traffic signal at Heritage Place and
Arlington Heights Road is warranted and constructed and
Owner fulfills its obligations for said signal as set forth in
Paragraph 25.A.3 above, Owner may construct an indoor
playground in the building on the Property. Plans for said
building addition and site plan revisions are subject to
review and approval by the Village staff and Appearance
17
Commission and will not require a public hearing unless a
variation(s) of Village ordinances are requested. If said
building addition or site plan revisions involve changes to
parking or traffic circulation on the Property, review and
approval by the Village Board shall be required.
2. In the event that the traffic signal at Heritage Place and
Arlington Heights Road is not constructed as set forth in
Paragraph 25.A.3 above and Owner desires to construct an
indoor playground in the building on the Property, plans for
said addition are subject to applicable Village regulations
and procedures, including review by the Plan Commission
and Village Board if determined to be necessary by the
Village.
I. Owner shall install clear-fold plastic doors a the exit of the car
wash building.
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.
18
VILLAG UFF
61 By
SIDNE MATHIAS,
Village President
ATTEST:
By QVA
V&LAGE CLERK
OWNER: Shell Oil Company, Inc.
By
ATTEST:
By
"OFFICIAL SEAL"
Debra L Olszowka
Mail to: Notary Public, State of Illinois
Village Clerk DuPage County
Village of Buffalo Grove My Commission Expires 3/17/99
50 Raupp Boulevard
Buffalo Grove, IL 60089
19
EXHIBIT A
Legal Description
SHELL OIL COMPANY, INC.
Southwest corner of Arlington Heights Road/IL Route 83
That part of the Northeast Quarter of the Southeast Quarter of Section Thirty, Township
Forty-Three North, Range Eleven, East of the Third Principal Meridian, described as
follows: Commencing at the intersection of the center line of Illinois Route 83 with the East
line of said Quarter Section; thence South along the East line of the Northeast Quarter of
the Southeast Quarter aforesaid,338.24 ft.; thence West at right angles to said East line,
520.0 ft.; thence North parallel with the East line of said Quarter Section, 493.65 ft., more
or less, to the center line of Illinois Route 83; thence Southeasterly along the center line of
said road,542.73 ft. to the point of beginning, (except that part dedicated by Document No.
1685014 and Document No.2005279 and Case No. 91ED36 in the Circuit Court), in Lake
County,Illinois.
also
All that part of Arlington Heights Road lying Easterly of and adjoining the above
described property and all that part of Illinois Route 83 lying Northerly and Easterly and
adjoining the above described property description not previously annexed.
G\PFEIL\PROICU RR\SHELLMCD.EXA
VILLAGE OF BUFFALO GROVE
ORDINANCE NO. Ze——0
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROVE
THIS DAY OF 19�
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo G ove, Cook & ake Counties, Ilnois,
this —�-� day of 19 .
Village Clerk
By
Deputy Village Clerk