1995-009 1/12/95
ORDINANCE NO.95- 9
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR
THE STERLING CREEK SUBDIVISION,WEILAND 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 Reid Rubin, Braiman, Moons
NAYES: 0 - None ABSENT: 1 - Hendricks
PASSED: January•'1: ,1995 APPROVED: January16 1995
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ATTEST: ; J�6a,• •�a; APPROV
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Village 'rk ;17:;�y�,:=- �'.33'': ='�� = IDNEY H S,Village President
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M AGE OF ,
BUFFALO GROVE
pkc I_INTY, ILLINOIS
Fifty Raupp Blvd. n J �� P[1 4� �
Buffalo Grove.IL 60089.2196
Phone 708.459.2500
Fax 708.459.7906
STATE OF ILLINOIS )
SS.
COUNTY OF COOK & LAKE )
I, JANET M. SIRABIAN, hereby certify that I am the duly
elected, qualified and acting VILLAGE CLERK of the Village of
Buffalo Grove, Counties of Cook and Lake, Illinois, and the keeper
of its seal and records.
I hereby further..certify that the attached is the original
of Ordinance No. 95-9 adopted on the 16th day of
Januar , 19 95 , by the Village Board of the Village
of Buffalo Grove as shown by the records in my custody.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the Village of Buffalo Grove aforesaid, at said Village,
in the County and State aforesaid, this 30th day of January ,
19 95
Village C1 erk ° F'
By
Deputy Vil1ag1e.Q,.er -fi r
z ' -
.VILLAGE OF 90FM. p GROVEL
50 RAUoP BOULEWD
"FALO GROVE, ALINOIS Wc-9
1/11/95
STERLING CREEK SUBDIVISION
(East side of Weiland Road north of Parkchester Estates subdivision)
Annexation Agreement
TABLE OF CONTENTS
1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2. _Agreement: Compliance and'Validity. . . . . . . . . . . . . . . . . . . . . 3
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . 3
4. Enactment of Zonin Ordinance. . . . . . . . . . . . . . . . . . . . . . 3
5. Approval of Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6. Com liance with A M licable Ordinances. . . . . . . . . . . . . . . . . . 4
7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
8. Buildina Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
10. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . 6
11. Draina a Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
12. Security for Public and Private Site 1m rovements. . . . . . . . . . 7
13. Right of Way Dedication. . . . . . . . . . . . . . . . 7
14. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
15. Annexation Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
16. Building, Landscaping and Aesthetics Plans. . . . . . . . . . . . . . . 8
17. Project Models. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
18. Park District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
19. School District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
20. Conditions Concerning Parks and School Donations. . . . . . . . 9
21. Annexation to the Buffalo Grove Park District. . . . . . . . . . . . . 10
22. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . 10
23. Enforceabilit of the Agreement. . . . . . . . . . . . . . . . . . . . . . . . 10
24. Term of A reement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
25. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . 11
26. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
27. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
28. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
29. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
30. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
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STERLING CREEK
Annexation Agreement
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1/11/95
STERLING CREEK SUBDIVISION
(East side of Weiland Road north of Parkchester Estates subdivision)
ANNEXATION AGREEMENT
This agreement(hereinafter referred to as the "Agreement") made and entered into
this 16th day of January, 1995, 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
"A Ms. `ink \)JOodShrcy-VV44
STATE BANK OF WOODSTOCK, as Trustee under Trust Agreement dated May 3, 1990
and known as Trust No. 4712 (hereinafter referred to as "Owner") and JACOBS HOMES,
INC. an Illinois Corporation, (hereinafter referred to as "Developer").
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 5.538 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 Plat of Annexation is attached hereto as EXHIBIT B, which depicts
a total area of 5.538 acres to be annexed; and,
WHEREAS, Developer desires and proposes pursuant to the provisions and
regulations applicable to the R-5 One Family Dwelling District of the Village Zoning
Ordinance to develop the Property in accordance with and pursuant to a certain
Preliminary Plan prepared by Systems Design Group, Ltd. and dated as last revised
November 23, 1994, and also Preliminary Engineering Plan prepared by Systems Design
1 3640651
S
Group, Ltd. and dated as last revised November 23, 1994, (hereinafter jointly referred to
as "Preliminary Plan") a copy of which Preliminary Plan is attached hereto as EXHIBITS
D, E and E-1 and incorporated herein, and subject to all other exhibits attached hereto or
incorporated by reference herein. Said development of property shall consist of not more
than 13 single-family lots.
WHEREAS, pursuant to 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, 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-5 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.
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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 517-1-8 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 R-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 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-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 development
of the Property in accordance with the Preliminary Plan (EXHIBITS D and E) and other
exhibits attached hereto or incorporated by reference herein.
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5. Approval of Plans. The Corporate Authorities hereby approve the
Preliminary Plan (EXHIBITS D, E and E-1) 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 or Developer 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; and
(c) conform to the approved Development Improvement Agreement as amended
from time to time.
6. Compliance with Applicable Ordinances. The Owner and Developer agree
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 and Developer, 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 or Developer desire 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
4 3640651
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, 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 total ground
area covered by buildings.
8. Buildin 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 or
Developer and the Village on any engineering and technical matters subject to this
Agreement, the Village reserves the right to pass along any and all additional expenses
incurred by the use of consultants in the review and inspection of the development from
time to time. Owner or Developer shall pay any non-discriminatory new or additional fees
hereinafter charged by the Village to Owner or Developer or property within the Village.
9. Water Provision. The Developer shall be permitted and agrees to tap on to
the Village water system at points recommended by the Village Engineer which points to
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 Developer further agrees to pay to the Village such fees in
accordance with the applicable Village Ordinances at the time of the issuance of the water
and sewer permits. The Developer agrees to accept any increase in water rates and tap
on fees provided such rates and fees apply consistently to all other similar users in the
Village to the extent possible. Following such tap on, the Village agrees to provide to the
best of its ability and in a non-discriminatory manner water service to all users on the
5 3640651
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Property in accordance with the Preliminary Plan. Watermains serving the Property and
those approved as part of the development shall be installed by the Developer and, except
for service connections to the buildings shall, upon installation and acceptance by the
Village through formal acceptance action by the Corporate Authorities, be dedicated to the
Village and become a part of the Village water system maintained by the Village.
10. Storm and Sanita Sewer Provisions.
A. The Corporate Authorities agree to cooperate with the Developer and
to use their best efforts to aid Developer in obtaining such permits from 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 and to the Lake County Division of Transportation as may be appropriate. The
Developer shall construct on-site and off-site sanitary sewers as may be necessary to
service the Property, as per EXHIBIT E. 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 Developer agrees to accept
any increase in sewer rates and tap on fees, provided that such fees and rates are applied
consistently to all similar users in the Village to the extent possible.
B. The Developer shall also construct on the Property in question any
storm sewers which may be necessary to service the Property, as per 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
6 3640651
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operate and maintain that portion of the storm sewer system which serves public streets,
and the public stormwater management system.
11. Draina a Provisions. The Developer shall fully comply with any request of
the Village Engineer related to the placement of buildings on lots, to preserve drainage
standards. The Developer shall install any storm sewers and/or inlets which are required
to eliminate standing water or conditions of excess sogginess which may, in the opinion
of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses.
12. 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 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.
13. Right of Way Dedication. The Owner and Developer acknowledge that it is
the intention of the Village and other involved agencies that at some time in the future
Weiland Road will be widened. At the request of the Village, but no later than upon
approval of the first plat of subdivision of any portion of the Property, Owner and
Developer agree to dedicate such additional right-of-way along Weiland Road as may be
required by the Lake County Division of Transportation and the Village to accommodate
said widening and to provide for improvements by the Developer required to provide
access to the Property.
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14. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Developer or the witnesses during the hearings held before the
Plan Commission and the Corporate Authorities prior to the execution of this Agreement,
are hereby incorporated by reference herein, made a part hereof and designated as shown
below. This Agreement, upon execution by the parties, together with copies of all
EXHIBITS, shall be kept on file with the Village Clerk and be available for inspection to the
parties hereto.
EXHIBIT A Legal Description
EXHIBIT B Plat of Annexation dated December 21, 1994 by James R. Dietz
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan (Site Plan, Sheet No. 2 of 5) dated as last
revised November 23, 1994 by Systems Design Group, Ltd.
EXHIBIT E, E-1 Preliminary Engineering Plan (Sheets 4 and 5 of 5) dated as
last revised November 23, 1994 by Systems Design Group,
Ltd.
EXHIBIT F Site Information Sheet dated November 23, 1994 by Systems
Design Group, Ltd.
15. Annexation Fee. Developer agrees to pay an annexation fee of$700.00 per
dwelling unit which fee shall be payable prorata at issuance of building permits. This fee,
however, shall be paid in full prior to the expiration of this Agreement.
16. Building, Landscaping and Aesthetics Plans. Developer will submit building
and landscaping plans (which landscaping plans shall conform to the requirements of
Village Ordinances) for approval by the Appearance Commission and the Corporate
Authorities before commencing construction of buildings. Lighting and signage shall be
compatible with surrounding areas as approved by the Appearance Commission. Areas
not under construction or completed shall be maintained in a neat and orderly fashion as
determined by the Village Manager. It is understood and agreed that the Village
8 364Q651
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if the Director of Building and Zoning determines that said custom homes meet the criteria
set forth in said Appearance Plan.
17. Project Models. The Village agrees to permit the Developer to construct and
maintain one (1) model area on the Property, consisting of a maximum of three (3)
buildings with suitable off-street parking areas, all subject to Appearance Commission
approval. Such construction shall be in compliance with the provisions of the Village's
Building Code in effect at the time of building permit issuance. Developer may use models
only for marketing the Property. Such use shall be discontinued when development of the
Property as proposed herein has been completed.
18. Park District Donations. Developer agrees to comply with the provisions of
Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding park
donations. Developer agrees to make cash contributions to the Village for conveyance to
the Buffalo Grove Park District to fulfill the obligation of the Property concerning park
donations.
19. School District Donations. Developer agrees to comply with the provisions
of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding
school donations. Developer agrees to make cash contributions to the Village for
conveyance to School Districts 102 and 125 according to the criteria of said Title.
20. Conditions Concernine Parks and School Donations. It is understood and
agreed that rooms in the residential units labeled dens, lofts, or studies on the floor plans
will be counted as bedrooms for the purposes of calculating park and school donations,
if, in the judgment of the Village, said rooms can be used as bedrooms. It is understood
and agreed that the per acre land value used to compute said cash contributions may be
9 3640651
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increased from time to time, and cash contributions made at the time of building permit
issuance shall be based on the land value in effect at the time of permit issuance.
21. Annexation to the Buffalo Grove Park District The Owner and Developer
agree, at the request of the Buffalo Grove Park District, to annex any part or all of the
subject Property to said Park District.
22. Facilitation of Develo ment. 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 and Developer do hereby evidence their 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 always cooperate in the resolution
of mutual problems and its willingness to facilitate the development of the Property, as
contemplated by the provisions of this Agreement.
23. Enforceability of the Agreement. This Agreement shall be enforceable in any
court of competent jurisdiction by any of the parties or by an appropriate action at law or
in equity to secure the performance of the covenants herein described. If any provision
of this Agreement is held invalid, such provisions shall be deemed to be excised herefrom
and the invalidity thereof shall not affect any of the provisions contained herein.
24. Term of Agreement, This Agreement will be binding on all parties 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.
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Iy
25. Binding Effect of Agreement. This Agreement shall be binding upon the
Property, the parties hereto and their respective successors and assigns.
26. 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.
27. Notices. Any notice required pursuant to the provisions of this Agreement
shall be in writing and be sent by certified mail to the following addresses until notice of
change of address is given and shall be deemed received on the fifth business day
following deposit in the U.S. Mail.
If to Developer: Keith Jacobs
Jacobs Homes
425 Huehl Road, Building 18
Northbrook, IL 60062
Copy to: Larry A. Davis, Esq.
Davis and Reibman
960 Rand Road, Randway Center, Suite 210
Des Plaines, IL 60016
and
Kim R. Denkewalter
Denkewalter, Angelo & Minkow
790 Frontage Road
Northfield, IL 60093
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
11 3s40ss�
28. Default.
A. In the event Owner or Developer defaults, in their performance of their
obligations set forth in this Agreement, then the Village may, upon notice to Owner or
Developer, allow Owner or Developer sixty (60) days to cure default or provide evidence
to the Village that such default will be cured in a timely manner if it cannot be cured during
said during said period. If Owner or Developer fails to cure such default or provide such
evidence as provided above, then, with notice to Owner or Developer, 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 or Developer to disconnect such portion of the
Property, or at the option of the Village, to rezone such Property to the R-E District
classification.
B. In addition to sub-paragraph A hereof, it is recognized by the parties
hereto that there are obligations and commitments set forth herein which are to be
performed and provided for by the Developer not by the Owner. The Village agrees that
the Owner as such is exculpated from any personal liability or obligation to perform the
commitments and obligations set forth herein and that the Village will look solely to the
Developer for such performance, except that to the extent that the Owner or successor
thereto shall become a developer or shall designate or contract with a developer other
than Jacobs Homes, then in that case, the Owner or the new designee shall be subject to
the liabilities, commitments and obligations of this Agreement. In the event the Developer
defaults in his obligations created under this Agreement, the Village may enforce such
obligations against the Property Owner.
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12 f /
29. Litigation.
A. The Owner and Developer, at their cost, shall be responsible for any
litigation which may arise relating to the annexation, zoning and development of the
Property. Owner and Developer shall cooperate with the Village in said litigation but
Developer's counsel will have principal responsibility for such litigation.
B. The Owner and Developer 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 or Developer.
C. Owner and Developer hereby indemnify and hold the Village harmless
from any actions or causes of action which may arise as a result of development activities
for which the Owner or Developer is responsible.
30. Special Conditions.
A. The following variations to the Village's Development Ordinance are hereby
granted pursuant to EXHIBITS D, E and E-1 and subject to approval of the
final engineering plan:
1. Section 16.30.030.F and 16.50.080.A.1 - to allow a sidewalk on one
side of a public street for a segment of approximately 180 feet east
from Weiland Road.
2. Section 16.30.050.A.4. - to allow a cul-de-sac street length of 660
feet.
3. Section 16.50.040.C.3.b.3 -to allow side slopes of 2:1 and a vertical
wall for a stormwater detention facility.
B. Developer shall make improvements to Weiland Road as required by the
Lake County Division of Transportation and as reviewed and approved by
13 3640631
i
the Village Engineer. Said improvements shall be completed as part of the
initial land grading and road construction activities on the Property.
C. All water wells and septic sewer facilities on the Property shall be properly
sealed or pumped and filled as required by the Illinois Department of Public
Health and as approved by the Village Health Officer.
D. All buildings, structures, vehicles, junk, refuse, debris and litter on the
Property shall be removed prior to initial grading for the development.
Developer shall make best efforts to cooperate with the Village to make said
buildings and structures available to the Village for fire training purposes.
Developer shall be responsible for removing the remains of said building and
structures from the Property. The Village shall provide an appropriate hold
harmless indemnity agreement to the Owner and Developer before using
said buildings and structures for fire training purposes.
E. The stormwater detention area, as depicted on EXHIBITS D and E, shall be
conveyed in fee simple to the Village at the request of the Village when
required improvements are satisfactorily completed, as determined by the
Village Engineer.
F. Prior to any grading or site preparation work on the Property, Developer
shall obtain approval of a tree preservation plan by the Village. It is
understood and agreed that removal of nursery stock west of Aptakisic
Creek on the Property is subject to review and approval by the Village.
G. Developer shall construct sidewalk and bikepath connections to existing
sidewalks and paths on properties adjoining the Property to the north and
south, pursuant to EXHIBITS D and E hereto.
3640651
14
H. It is understood and agreed that the Village of Buffalo Grove levies a real
estate transfer tax on all conveyances of real property in the Village. The
Property shall be considered to be in the Village upon passage of the
annexation ordinance by the Corporate Authorities.
I. A rear yard of at least forty (40)feet shall be provided for Lots 10, 11 and 12
depicted on EXHIBIT D and as stated in EXHIBIT F.
IN WITNESS WHEREOF, the Corporate Authorities and Owner/Developer have
caused this instrument to be executed by their respective proper officials duly authorized
to execute the same on the day and the year first above written.
VILLAGE FF
By
ATTEST,, `'
By
�•FTy" a ���y'YF+ ±
#� Y,, ',, `c`� OWNER:lap�hs�ar - Vuoa�SfaaRiaS `.
/,, ��eia°�•� •`��• ul�*�4�la• OJT �� Pec ba•na1��; _ ' �___, ,,_
J .oa•�r• '0 1 r - - e�
ATTEST:
�r
By-
DEVELOPER:
By�
is
3640651
J �
ATTEST:
By
This document executed by Harris Bank Woodstock
as Trustee at the specific direction of the beneficiaries
of the trust,and accepted upon the express understan-
ding that Harris Bank Woodstock enters into the same
not personally,but only as Trustee and that no personal
liability Is assumed by nor shall be asserted or snforc.
ed against Harris Bank Woodstock because of or on ac-
count of the making or executing this document or of
anything therein contained, all such liability if any,be-
Ing expressly waived, nor shall Harris Bank Woodstock
be held personally liable upon of :t,n-,Nouence of any
of the covenants of this document i !i". axoressed or
impUP •
3640651
16 a 0
EXHIBIT A
STERLING GREEK
SUBJECT PROPERTY LEGAL DESCRIPTION;
THE PART OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 43 NORTH
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS; COMMENCINGGATII,
NORTHEAST CORNER OF THE LAND CONVEYED TO JOSEPH GAINER tBY DEED THE
28, 1851, IN BOOK -p• OF DEEDS, PAGE IO) WHICH POINT IS B40.58 FEET EAST ANDE
134.64 FEET NORTH OF THESOUTHEAST CORNER OF SAID SECTION 28, _
SOUTH 89 DEGREES WEST A DISTANCE OF 486.33 FEET TO THENCE RUNNING
THIS DESCRIPTION; THENCE- CONTINUING—SOUTH 89 DEGR POINT OF BEGINNING OF
778.91 FEET; THENCE NORTH 03 DEGREES EES �T, A DISTANCE OF
NORTH 89 DEGREES EAST, A D,IS'I.ANCE OF 7EAST, A DISTANCE OF 331.39 FEET; THENCE
WITH' THE EAST LINE OF THE SOUTH EAST QUARTERFEET;
OF HE SOLE SOUTH AND PARALLEL
SECTION 28, A DISTANCE -OF 330.05 FEET TO THE POINT OF BEGINNING, EX EAST CEPTFTHAATID
PART DESCRIBED AS FOLLOWS; COMMENCING AT A POINT ON Tr1E SOUTH LINE OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28
FEET EAST OF THE SOUTHWEST CORNER THEREOF, SAID POINT BEING ON THE OLI.D 211.Ob
CENTERLINE OF WEIL.AND ROAD; THENCE NORTHERLY ALONG SAID CENTERLINE
AN ANGLE OF 86 DEGREES, 15 MINUTES, 36 SECONDS WITH SAID SOUTH LIEWHICH FORMS
FROM EAST TO NORTH FOR 109.56 FEET TO THE POINT OF BEGINNING OF THIS
D
DESCRIPTION; THENCE CONTINUING NORTHERLY ALONG SAID
THENCE EASTERLY ALONG A DEED LINE BEARING NORTH 89 DEGREES
OF 331.39 FEET.
FEET; THENCE SOUTHWESTERLY ALONG A CURVED LIME CONCAVE WESTERLY EAST FOR 32.56
RADIUS OF 5769.58 FEET FOR 334.54 FEET TO A POINT ON LIN AND HAVING A
89 DEGREES WEST AND WHICH INTERSECTS WITH THE POINT OF BEGIINNING,Bg DNpOIpUTH
ON DEED LINE BEING 5.73 FEET EASTERLY OF SAID POINT OF POINT
WESTERLY ALONG SAID DEED LINE FOR 5.73 FEET T0. THE POINT THENCE
COUNTY, ILLINOIS. NT OF BEGINNING, IN LAKE
SUBJECT PROPERTY COMMON DESCRIPTION: The
pro
side of Weiland Road north of the Parkchester Estates subdi ox1mately 5.5-acre parcel on the east
rL
3640651
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