1993-043 4w �
k
6/4/93 1
ORDINANCE NO. 93- 43
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT
Seeedway Service Station, 923 N . Milwaukee Avenue
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. Kahn, Braiman, Hendricks, President Mathias
NAYES: 0 - None
ABSENT: 2 - Reid Ru in
PASSED: June 7 1993 APPROVED: June 7. 1993
ATTEST: APPRO
Vil Jerk I N H it age resident
. CL/7/93
SPEEDWAY SERVICE STATION
923 N . Milwaukee Avenue
TABLE OF CONTENTS
1 . Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2. Agreement: -Corrp i i ante and Va l i d i t 2
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4. Enactment of Zonin Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
5. Approval of Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
6. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
7. Pmendnent of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
8. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . 4
10 . Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
11 . Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
12 . Security for Public and Private Sm te Improvements. . . . . . . . . . . . . . . . 5
13. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
14. Annexation Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
15 Bui Id i , Landscapin and Atheti Pl . . . . . . . . . . . . . . . . . . . . . . . 6
�ram� �� � es cs ans_
16. Facilitation of Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
17 EnforbiIity of the A r� ement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
„__._..cea� _�..
18. Term of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
t of regiment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
19. B i nd i ng_E f f ec.._.��. .a
20. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
21 . Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
22 . Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
23. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
24. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
SPEEDWAY SERVICE STATION
923 N. Milwaukee Avenue
ANNEXATION AGREEMENT
Location Ma
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JOHN N DR 1 .
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LINDEN AVE.
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Subject Property
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-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 5/11-15.1-1 et. seq. , 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 petition pursuant to and in accordance with
provisions of Section 5/7-1-8 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 B-3 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) . Recording shall take place no more
than thirty (30) days after enactment of Annexation Ordinance.
2
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 use of the Property in accordance with the
Preliminary Plan (EXHIBIT C) and other exhibits attached hereto or incorporated
by reference herein.
5. Approval of Plans. The Corporate Authorities hereby approve the
Preliminary Plan (EXHIBIT C) pursuant to the provisions of the Development
Ordinance. The Corporate Authorities agree to approve a Development Plan
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 :
(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.
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.
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, at their sole discretion,
require additional public hearings and may review the commitments of record
contained in this Agreement, including, but not limited to fees, prior to final
consideration of any change in the Preliminary Plan. The Village Manager is
hereby authorized to approve such minor changes as he deems appropriate,
3
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
Owner or property 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 the extent shown on EXHIBIT C 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 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 as may be appropriate. The Owner shall construct on-site
4
and off-site sanitary sewers as may be necessary to service the Property, as per
EXHIBIT C. 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.
B. The Owner shall also construct on the Property in question any storm
sewers which may be necessary to service the Property in the future. 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, or multiple properties, and the Owner
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 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. Security for Public and Private Site Improvements. Security for public
and private site improvements shall be provided in accordance with the
Development Ordinance. Any letter of credit issued for such improvements shall
be drawn on a financial institution of net worth reasonably satisfactory to the
Village Attorney. The issuer may have an equitable or lending interest in the
Property provided that the letter of credit, either by its own terms or by
separate written assurances of the issuer, shall be honored irrespective of that
interest. The Village shall have the right to draw up to the full amount of the
letter of credit in order to complete, and have formal acceptance of, all
improvements secured by the letter of credit.
5
13. 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 March 10, 1993
EXHIBIT C Preliminary Plan dated April 13, 1993 by Emro
Marketing Co.
EXHIBIT D Landscaping Plan dated March 20, 1993 by Emro
Marketing Co.
EXHIBIT E Sign Package
14. Annexation Fee. Owner agrees to pay an annexation fee of $3,040.00
which shall be payable at the time that permits are issued for water and sewer
connections.
15. Building, Landscapin and Aesthetics Plans. Owner will submit
landscaping plans (which landscaping plans shall conform to the requirements of
Village Ordinances) for approval by the Appearance Commission and the
Corporate Authorities. Any modifications to existing signage and outdoor
lighting on the Property are subject to Village approval.
16. 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, 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.
17. Enforceability of the A reement. 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
shall be deemed to be excised herefrom and the invalidity thereof shall not affect
any of the provisions contained herein.
18. Term of Agreement. This Agreement will be binding on all parties and
the Property until December 31 , 2018. This Agreement shall not be assigned
without prior written consent of the Village.
19. Binding Effect of Agreement. This Agreement shall be binding upon
the Property, the parties hereto and their respective successors and assigns.
20. 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.
21 . 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.
R_
If to Owner: Emro Marketing Company
500 Speedway Drive
Enon, Ohio 45323
Copy to: John C. Broihier, Esq.
DiLeonardi and Broihier, Ltd.
2700 River Road, Suite 211
Des Plaines, IL 60018
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
22. 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
7
provided above, then, with notice to Owner, the Village may begin proceedings
to disconnect the Property from the Village or at the option of the Village, to
rezone the Property to the R-E District classification . In such event, this
Agreement shall be considered to be the petition of the Owner to disconnect the
Property, or at the option of the Village to rezone such Property to the R-E
District classification.
23. 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 attorney's
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.
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.
24. Special Conditions.
A. Owner shall pay a fire protection impact fee of $2,530.00 based on
the rate of $0.75 per gross square foot of the principal building on the
Property. Said fee shall be paid at the time that permits are issued for water
and sewer connections.
B. Owner shall provide a six-foot wide easement along the north side
of Riverwalk Drive for the construction, maintenance and use of a public
sidewalk/bikepath. Said easement is subject to Village approval, and shall be
provided at the time permits are issued for water and sewer connections.
The Village of Buffalo Grove shall be responsible for the design,
construction, installation and continuing maintenance of said public
sidewalk/bikepath.
C. Merchandise may be displayed for immediate sale outside the
principal building on the Property but said merchandise shall be kept and
displayed only on the existing sidewalk immediately surrounding the principal
building and on the existing raised gas pump islands under the canopies. Said
displays shall be kept neat and orderly, and shall not cause any visual
8
obstructions or safety hazards on the Property. Merchandise shall not be displayed in an,
other locations on the Property outside of the principal building.
D. 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.
E. Signs on the Property shall be permitted to remain in use except
that all reader board signs and temporary signs shall be removed within thirty
(30) days of the date of this Annexation Agreement, and window signage shall
comply immediately to the Buffalo Grove Sign Code.
Existing signs that do not comply with the Buffalo Grove Sign Code
shall be brought into compliance by December 10, 2017. If said existing signs
are damaged, said signs may be repaired if damage does not exceed 95 percent
of the value of said signs.
No additional signs will be permitted until all existing signs are in
compliance with the Buffalo Grove Sign Code.
If use of the Property changes to any entity other than the current
Speedway/Starvin Marvin business, all signs on the Property shall be brought
into compliance with the Buffalo Grove Sign Code upon said change.
F. Owner shall apply for a Village business license and certificate of
occupancy within thirty (30) days of the date of this Agreement. The Property
is subject to inspection by the Village prior to the issuance of said license and
said certificate of occupancy.
G. Owner shall restrict access on the southerly driveway from the
Property to Milwaukee Avenue to right-in, right-out turns.
H . Within seven (7) days of the date of this Agreement Owner shall
file the appropriate registration with the Illinois Department of Revenue to
reflect that the Property is within the Village of Buffalo Grove for sales tax
purposes. A copy of said registration shall be forwarded to the Village within
said seven day period.
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.
9
VILLAGE F OF G VE
By
ATTEST:
OWNER
By
ATTEST: 100 7K,P;1/1)
10
SPEEDWAY SERVICE STATION
E1�IHIT A
LEGAL DESCRrPTION
Emro Marketing Company
Buffalo drove Annwmtion
Parcel 1
Lots 21 and 22 in Block 3 in Unit No. 2 of Columbian Gardens,
being a Subdivision of Section 35, Township 43 North, Range
11, East of the Third Principal Meridian, according to the
Plat thereof, recorded July 10, 1926 as Document 282352, in
Book "P" of Plats, page 92 in Lake County, Illinois.
Parcel 2
The Westerly 1/2 of the alley Easterly and adjoining Lot 21 in
Block 3, and the Easterly half of the Alley Westerly and
adjoining Lot 22 in Block 3, all in Unit No. 2 of Columbian
Gardens aforesaid, vacated by the instrument recorded April 3 ,
1978 as Document 1907357 in Lake County, Illinois.
Parcel 3
Lots 14, 15, 16, 17, 18, 19, 20, 23 , 24 , 25 and 26 in Block 3
in Unit 2 of Columbian Gardens, being a Subdivision in Section
35, Township 43 North, Range 11, East of the Third Principal
Meridian, according to the plat thereof, recorded July 10,
1926, as Document 282352, in Book "P" of Plats, page 92 , • in
Lake. County, Illinois.
Parcel 4
The South Westerly half of vacated alley lying North Easterly
and adjoining Lots 3.4 to 20, both inclusive, in Parcel 1, and
the North Easterly half of the vacated alley lying South
Westerly and adjoining Lots 23 and 24 , and that part lying
South Westerly and adjoining and accruing Lot 25 , Parcel 1,
vacated by the Instrument recorded April 28 , 1978 , as Document
1913494, in Lake County, Illinois; and to the far side of any
adjacent unincorporated highway.
VILLAGE OF BUFFALO GROVE
ORDINANCE NO. 7�
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GRPYE
THIS DAY OF 19�
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook & L ke Counties, Illinois,
this day of 19�.
67
Village,/Clerk
By �16 4/
eputy Village Clerk