1991-075 8/28/91 ORDINANCE NO. 91- 75
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT
Stone Creek (the Schwennesen property)
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: 6 - Mareinthal, Reid Kahn Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 0 - None
PASSED: September 3. 1991 APPROVED: --September 3 1991
ATTEST: i�; APPROVED:
Vill e Clerk- MAT f IAS, Village President
9/3/91
STONE CREEK
(the Schwennesen Property)
Annexation Agreement
TABLE OF CONTENTS
1 . Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
2. Agreement: Compliance and Validity. . . . . . . . . . . . . . . . . . . . . . . . . . . . ..2
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
4. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
5. Approval of Plats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
6. C2M liance with Applicable-Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . .5
7. Amer&-Kent of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
8. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .•6
9. Water Provision. . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
10. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . .7
11 . Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
12. Pa nent of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
13. Securi ty for Public and Private Site Irrprovements. . . . . . . . . . . . . . . .9
14. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
15. Annexation Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
16. Bui Idi2q, Landscaping and Aesthetics Plans. . . . . . . . . . . . . . . . . . . . . .10
17. Project Models. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
18. Riqht-of-Wav Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
19. Park District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
20. School District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
21 . Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
22. Enforceability of the Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
23. Tenn of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
24. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
25. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
26. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
27. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
28. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
STONE CREEK
(the Schwennesen Property)
Annexation Agreement
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9/3/91
STONE CREEK
(the Schwennesen Property)
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and
entered into this 3rd day of September, 1991 , 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 DeGrazia Company,
Inc. , an Illinois corporation, (hereinafter referred to as "Owner") .
W I T N E S S E T H :
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue
of the provisions of the Constitution of the State of Illinois of 1970; and,
WHEREAS, Owner is the owner of a certain tract of property
(hereinafter referred to as the "Property") comprising 27.47 acres legally
described and identified in the Legal Description, which is attached hereto
as EXHIBIT A, including Parcel A (20.86 acres) and Parcel B (6.61 acres)
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, including certain street right-of-way
adjacent to the Property, is attached hereto as EXHIBIT B, which depicts a
total area of 29.99 acres to be annexed; and,
WHEREAS, Owner desires and proposes to annex Parcel A with zoning
in the R-3 One-Family Dwelling District and Parcel B with zoning in the
Office and Research (OAR) District. It is understood and agreed that this
agreement does not approve a Preliminary Plan for any part of the Property,
and any development of the Property shall be subject to Village approval
pursuant to the provisions and regulations of the Village Zoning Ordinance,
1
Development Ordinance, and this Annexation Agreement including the
requirement to obtain approval by the Village of a Preliminary Plan for any
development of the Property; and,
WHEREAS, pursuant to the provisions of Section 11-15.1 et, seq. , of
the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1989) 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 classifications of the
R-3 and O&R Districts; 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 11-15.1-1 et. seq. , of the Illinois
Municipal Code (Chapter 24, Illinois Revised Statutes 1989) and as the same
may have been modified by the Village's Home Rule powers. The preceding
whereas clauses are hereby made a part of this Agreement.
2. Agreement: Compliance and Validity. The Owner has filed with
the Village Clerk of the Village a proper petition pursuant to and in
accordance with provisions of Section 7-1-8 of the Illinois Municipal Code
2
(Chapter 24, Illinois Revised Statutes 1989) 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 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 Property is
validly annexed to the Village and is validly zoned and classified in the R-3
District (Parcel A) and OSR (Parcel B) , 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 Property to the Village. Said
Annexation Ordinance shall be recorded with the Lace County Recorder's
Office along with the Plat of Annexation (attached hereto as EXHIBIT B) .
Recordation shall take place no more than thirty (30) days after enactment of
Annexation Ordinance.
4. Enactment of Zoning Ordinance. Within twenty-one (21 ) days after
the passage of the Annexation Ordinance, the Corporate Authorities shall
adopt a proper, valid and binding ordinance, zoning Parcel A in the R-3
District and Parcel B in the OSR District subject to the restrictions further
contained herein and all applicable ordinances of the Village of Buffalo Grove
as amended from time to time. Development shall be further conditioned on
the Village's approval of a Preliminary Plan for construction upon any
portion of the Property.
The Village acknowledges that it is the Owner's intent to develop a four
acre site on Parcel B in the O&R District. Uses on this development site
3
shall be restricted to business and professional offices, medical and dental
clinics, banks and financial institutions, and accessory retail and service
facilities. A child care center would be reviewed by the Village as a special
use pursuant to provisions of the Village Zoning Ordinance. Medical and
health care uses requiring 24-hour per day hours of operation shall not be
permitted.
Owner shall be permitted to develop a maximum gross building floor
area of 50,000 square feet on the four-acre OER site on Parcel B. Said
maximum floor area may include a one-story bank of approximately 5,000
square feet or may be used entirely for office space. Accessory retail uses
serving the office space shall occupy a maximum of five (5) percent of the
gross floor area of said office space.
Any office building constructed on the O&R site shall be limited to a
height of two stories with the floor to ceiling height of the rentable office
space not to exceed fourteen (14) feet. The maximum height of said office
building shall not exceed thirty-six (36) feet unless a greater height is
approved by the Village Board. It is understood and agreed that any
building constructed on the O&R site shall be designed to be aesthetically
and visually compatible with adjacent residential structures, and the Village
will evaluate roof designs of any building proposed for the O&R site with the
intention of achieving design compatibility with adjacent residential areas.
It is understood and agreed that any approval of a Preliminary Plan for
development of the O&R site is subject to Village approval. EXHIBITS D and
E attached hereto are intended only to depict conceptual site planning and
building design and are not meant to be construed as a Preliminary Plan or
final site plan or final building design.
4
The Village reserves the right to impose conditions on development of
the OSR site, including, but not limited to, the location of access driveways,
and landscaping and tree preservation to screen adjacent properties.
5. Approval of Plats. The Corporate Authorities agree to approve a
Final Plan of Development or plats or phases of the development of Property
subsequent to approval of a Preliminary Plan or Plans and upon submission
by the Owner of complete and proper materials as required for the issuance
of appropriate building and other permits based on final versions of the
plans and drawings of the development of Property as submitted by the
Owner provided that the plat or plats shall:
(a) conform to the approved Preliminary Plan or plans, 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.
It is understood and agreed that the final subdivision plat or plats that
will hereinafter be submitted by the Owner shall conform to the phases of
the development as shown on the approved Preliminary Plan or Plans.
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 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. The Village agrees that no ordinance amendment shall
5
prohibit development of a bank on the Property for a period of ten (10)
years from the date of this Agreement.
7. Amendment of Plan. If the Owner desires to make changes to the
Preliminary Plan subsequent to approval of same Plan, 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, provided that no such
change (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 (20) 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 matter 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.
6
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. Said points shall be identified on the Preliminary Engineering
Plan when it is submitted for Village review and approval. 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. 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 Public Works
Department for the collection of sewage and to the Illinois Department of
Transportation as may be appropriate. The Owner shall construct on-site
and off-site sanitary sewers as may be necessary to service the Property.
Said sewers shall be identified on the Preliminary Engineering Plan when it
7
is submitted for Village review and approval. 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.
B. The Owner shall also construct on the Property in question any
storm sewers which may be necessary to service the Property. Said sewers
shall be identified on the Preliminary Engineering Plan when it is submitted
for Village review and approval. 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.
8
12. Payment of Recapture Fees Owed. At the time of final platting of
any portion of the Property, Owner shall pay to the Village the amount of
principal due and payable for watermains as set forth in Ordinance 84-69.
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 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.
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 dated August 12, 1991 by
Hagensee Surveying Group, Ltd.
EXHIBIT C Plat of Survey delineating R-3 and O&R zoning
districts dated July 30, 1991 by the Hagensee
Surveying Group, Ltd.
EXHIBIT D Sketch plan of proposed bank and office
9
development dated August 14, 1991 by Otis
Associates, Inc.
EXHIBIT E Elevation of proposed two-story office building
dated August 14, 1991 by Otis Associates, Inc.
15. Annexation Fee. In the event that Parcel A is used for residential
development, Owner shall construct full improvements to Buffalo Grove Road
as specified by the Village adjoining the Property. Owner agrees to pay an
annexation fee of $400.00 for each residence constructed on the Property.
Owner agrees to pay an annexation fee of $800.00 per acre for the four-acre
site designated for development of a bank and office building. Said fees
shall be payable prorata at issuance of building permits. However, these
fees shall be paid in full prior to the expiration of this Agreement.
16. Building,_, Landscaping and Aesthetics Plans. Owner 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. Phases 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 proposed bank and office building
on the O&R zoning parcel shall be designed to be aesthetically compatible
with adjacent residential areas as conceptually depicted on EXHIBIT E, and
impacts such as noise, parking lot light spillover, and vehicle headlight
glare shall be addressed in the design of the buildings and landscaping plan
to ensure that adjacent properties are adequately protected.
It is understood and agreed that development of aesthetically attractive
streetscapes along Route 83 and Buffalo Grove Road on the Property is a
major planning goal of the Village. The landscaping plans for development
or use of any part of the Property shall address street aesthetics with
10
appropriate design features such as berming, tree preservation, and careful
selection of plant materials.
17. Project Models. The Village agrees to permit the Owner to
construct and maintain one (1 ) model area on the Property, consisting of a
maximum of four (4) buildings for each of the model areas, together 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 existence at the time of building permit
issuance. Further, the Owner may utilize models only as a project office for
the marketing of portions of the Property. Such use shall be discontinued
when the project contemplated herein has been fully and finally completed.
18. Right-of-Way Dedication. The Owner acknowledges that it is the
intention of the Village and other involved agencies that at some time in the
future Illinois Route 83 and Buffalo Grove Road will be widened adjacent to
the Property. Owner agrees to dedicate land as needed to achieve a
right-of-way of fifty-one (51 ) feet from centerline along the east side of
Illinois Route 83, and grading easements as required by the Village Engineer
shall be provided. Owner agrees to dedicate right-of-way and grading
easements as required by the Village Engineer to effect planned
improvements to Buffalo Grove Road. Said land dedications and grading
easements along Route 83 and Buffalo Grove Road shall be made within
ninety (90) days of the date of this Agreement.
19. Park District Donations. Owner agrees to comply with the
provisions of Title 19 of the Buffalo Grove Municipal Code as amended from
time to time regarding park donations.
20. School District Donations. Owner agrees to comply with the
provisions of Title 19 of the Buffalo Grove Municipal Code as amended from
time to time regarding school donations.
11
21 . 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 understood and agreed that the successful
consummation of this Agreement and the development of the Property in the
best interests of all the parties requires their continued cooperation. The
Owner does hereby evidence his intention to fully comply with all Village
requirements, 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.
22. 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.
23. 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, which consent shall
not be unreasonably withheld.
24. Binding Effect of Agreement. This Agreement shall be binding
upon the Property, the parties hereto, and their respective successors and
assigns.
12
25. 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.
26. 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: Jerry DeGrazia
The DeGrazia Company
2215 York Road, Suite 208
Oak Brook, IL 60521
Copy to: David L. Shaw, Esq.
Shaw, Shoub and Gussis, Ltd.
318 W. Randolph Street, Suite 500
Chicago, IL 60606
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Bloche', French 8 Raysa
1140 Lake Street, Suite 400
Oak Park, IL 60301
27. Default. In the event Owner or Developer defaults in his
performance of his objectives 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
13
or at the option of the Village, to rezone such Property to the R-E District
zoning classification. In such event, this Agreement shall be considered to
be the petition of the Owner to disconnect such portion of the Property, or
at the option of the Village to rezone such Property to the R-E District
zoning classification.
28. Special Conditions.
A. Any development of the Property is subject to Village
approval, and no development shall occur until Preliminary Plans and Final
Plats have been approved by the Village.
B. Owner shall be permitted to construct one (1 ) access
driveway to Buffalo Grove Road and one (1 ) access driveway to Route 83 to
serve the four-acre development site of Parcel B of the Property. The
locations of said driveways are subject to Village review and approval, and
said review shall occur when Owner submits Preliminary Plans in accordance
with Village ordinances requesting review and approval by the Village.
Owner agrees that site plans for access to the Property will in no way
inhibit or detrimentally affect the Village's planning for the possible
connection of Farrington Drive to Illinois Route 83. The driveway to Route
83 serving the four-acre development site of Parcel B may be a full access
driveway if the Illinois Department of Transportation and the Village
determine that said driveway meets pertinent design standards and will not
detrimentally affect the movement of traffic on Route 83.
The locations of access driveways to Route 83 and Buffalo Grove Road
for any portion of the Property other than the four-acre development site of
Parcel B are subject to Village review and approval, and said review shall
occur when Preliminary Plans in accordance with Village ordinances are
submitted to the Village.
14
The Village shall not require Owner to participate in the funding of a
traffic signal on Route 83 adjacent to the four-acre development site of
Parcel B.
C. Owner agrees to construct all improvements necessary to
complete Buffalo Grove Road adjacent to the Property as planned by the
Village. Said improvements shall include two travel lanes, a median
including a turn lane, and improvements to the intersection of Buffalo Grove
Road and Route 83, for the segment of Buffalo Grove Road adjoining the
four-acre development site of Parcel B as identified in EXHIBITS A and C
attached hereto. Owner's obligations for construction of Buffalo Grove Road
shall include earthwork for the full ultimate improvement adjacent to the
Property and adjacent to the existing pavement north of Parcel A extending
to Hidden Lake Drive; Owner's financial obligation for said earthwork shall
not exceed $34,000.00. Owner also agrees to construct, but not pay for, the
extension of a one-lane improvement to Buffalo Grove Road from the north
edge of the four-acre development site of Parcel B to the existing pavement
north of Parcel A extending to Hidden Lake Drive.
D. Owner is responsible for improvements along Route 83
adjacent to the four-acre development site of Parcel B, including
streetlights, landscaping, and sidewalks as required by the Illinois
Department of Transportation (IDOT) and the Village. If Owner desires
driveway access to Route 83 for the proposed bank and office building on
Parcel B, a left turn lane shall be provided by the Owner on Route 83, with
the design and location of said turn lanes and driveway being subject to
Village and IDOT approval.
E. Owner acknowledges that it is the Village's intention that an
eight-foot wide bikepath be constructed north of the proposed four-acre
development site on Parcel B to connect to sidewalks along Buffalo Grove
15
Road and Route 83. The Owner shall cooperate with the Village in
implementation of this bikepath by granting easements as necessary to
accommodate said bikepath.
F. Owner shall pay a fire protection impact fee of $0.75 per
square foot of building area for the proposed bank, office building, or other
buildings on Parcel B. Said fee shall be paid at the time of issuance of
building permits.
G. All reasonable efforts shall be made to preserve trees and
plant materials on the Property. Trees on the Property shall not be
removed until the Village Forester has reviewed a complete tree inventory
and map depicting the location of said trees. Any development plan for the
Property shall include a tree preservation plan for the site to be developed,
and the Village Forester's recommendations concerning said preservation plan
shall be reviewed by the Village Plan Commission and Appearance Commission
prior to Village approval of any development plan. Owner shall allow the
Village to remove excess trees from the Property in a timely manner if the
Village determines that said trees are suitable for acceptance.
H. The Property shall be subject to a library donation of a cash
contribution equivalent to 1 .8 books per person generated from any
residential unit developed on the Property, at a value of twelve ($12.00) per
book.
I. Owner agrees that the 2.6-acre tract of Parcel B north of the
four-acre development site shall not be constructed on, except for public
buildings or structures.
J. Owner agrees that if Parcel A is purchased in whole or in
part by the Buffalo Grove Park District, the zoning of said Parcel A shall
16
automatically revert from the R-3 zoning district to the Residential Estate
(R-E) zoning district of the Village's Zoning Ordinance.
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 date and the year first above
written.
VILLAGE OF BUFFALO ROVE
ATTEST:
4
l
OWNER
The DeGrazia Company, Inc.
By
ATTEST:
UiG� —�✓�SI�Qµ.7'
17
EXHIBIT A
STONE CREEK (the Schwennesen Property)
Annexation Agreement
LEGAL DESCRIPTION
PARCEL A - R-3 Zoning
THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION
32 , TOWNSHIP 43 NORTH , RANGE 11 , EAST OF THE THIRD PRINCIPAL
MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER
OF THE NORTHEAST QUARTER OF SAID SECTION -72; THENCE NORTH ALONG
THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32 , A
DISTANCE OF 1929.56 FEET FOR A PLACE OF BEGINNING; THENCE NORTH
B9a55e 03ItWEST, A DISTANCE OF 225.00 FEET; THENCE SOUTH 35*04' S7'1
WEST, A DISTANCE OF 270.00 FEET; THENCE SOUTH 60029'5SI'WEST , A
DISTANCE OF 196.81 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY
LINE OF RT. 83; THENCE NORTH 4'0` 12` 31"WEST ALONG SAID EASTERLY
RIGHT OF WAY LINE , A DISTANCE OF 1192.30 FEET TO A POINT ON THE
WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID
SECTION 32; THENCE NORTH 00005* 29""'AST ALONG SAID WEST LINE , A
DISTANCE. OF 125.26 FEET TO A POINT ON THE NORTH LINE OF SAID
NORTHEAST QUARTER OF SECTION 32; THENCE NORTH 89"56' 30"EAST ALONG
SAID NORTH LINE, A DISTANCE OF 1322 .02 FEET TO THE EAST LINE OF
SAID NORTHEAST QUARTER OF SECTION 32; THENCE SOUTH 00"041 57"WEST
ALONG SAID EAST LINE , A DISTANCE OF 720.61 FEET TO THE PLACE OF
BEGINNING , IN LAKE COUNTY ,. ILLINOIS.
PARCEL B - O&R Zonin
THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION
32 , TOWNSHIP 43 NORTH, RANGE 11 , EAST OF THE THIRD PRINCIPAL
MERIDIAN , ALSO PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 33 DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF THE NORTHWEST QUARTER, OF SAID SECTION 33;
THENCE NORTH ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 33 , A DISTANCE OF 1264.56 FEET FOR THE PLACE OF
BEGINNING; THENCE SOUTH 9'0 10' 18" EAST, A DISTANCE OF 312. 19
FEET TO A POINT ON A NONTANGENT CURVE; THENCE NORTHWESTERLY ALONG
A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 2815.00 FEET
AND A CHORD BEARING OF NORTH 44 3' 05' 36" WEST , A DISTANCE OF
a61 .72 FEET TO A POINT OF TANGENCY; THENCE NORTH 400 12 ' 31 " , A
DISTANCE OF 362.G9 FEET; THENCE NORTH 490 47' 29" EAST , A
DISTANCE OF 10.68 FEET; THENCE NORTH 40c' 12' 31 " WEST , A DISTANCE
OF 65.00 FEET; THENCE SOUTH 49' 47' 29" WEST , A DISTANCE OF 20.00
FEET; THENCE NORTH 401 12' 31 " WEST , A DISTANCE OF 80.00 FEET;
THENCE..600 29' S5" EAST , A DISTANCE OF 196.81 FEET, THENCE NORTH
35° 04' 57" EAST, A DISTANCE OF 270.00 FEET; THENCE 690 55' 03"
EAST, A DISTANCE OF 225.00 FEET TO THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 33; THENCE SOUTH 00" 04' 57" WEST ALONG
SAID WEST LINE , A DISTANCE OF 665.00 FEET TO THE PLACE OF
BEGINNING , IN LAKE COUNTY, ILLINOIS.
VILLAGE OF BUFFALO GROVE
ORDINANCE NO. —
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GRO
THI��DAY OF 19 W.
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo G ove, Cook &Aakp Counties, I linois,
this � ay of 19 .
M.
illage CI
erk
By LA3 r
Deputy Villag Clerk