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1976-010 ORDINANCE NO. 76-10 AN ORDINANCE APPROVING ANNEXATION AGREEMENT AND DIRECTING EXECUTION THEREOF BY THE PRESIDENT AND CLERK OF THE VILLAGE OF BUFFALO GROVE WHEREAS, there has heretofore been submitted to the corporate authorities of the Village of Buffalo Grove a petition to annex the property described as: That part of Section 29, Township 43 North , Range 11 East of the Third Principal Meridian hereby annexed: The South Half of the Southeast Quarter of the Northwest Quarter of Section 29 (except that part thereof described as the South 300 feet , as measured along West line of tract , of the West 700 feet , as measured along South line of tract of the Southeast Quarter of the Northwest Quarter of Section 29 ; also The Northeast Quarter of the Southeast Quarter of the Northwest Quarter of Section 29; also, The west 575.0 feet of the Southwest Quarter of the Northeast Quarter of Section 29 (except that part thereof described as the West 300 feet of the South half of the northeast Quarter of Section 29) ; also The West 575.0 feet of the Northwest Quarter of the Southeast Quarter of Section 29 (except that part thereof described as the West 300 feet of the North half of the North half of the Southeast Quarter of Section 29) ; also The West 575.0 feet of that part of the Southwest Quarter of the Southeast Quarter of Section 29 lying North of the South line of Busch Road (County Highway 11 ) as dedicated and Northeast of the Center line of State Route No. 83; All in Section 29, Township 43 North, Range 11 East of the Third Principal Meridian , in Lake County, Illinois , and containing 48. 1 acres more or less , commonly known as the "Didier Property" and located at Busch Road and Route 83, and WHEREAS, the following described property is already in the Village and is made a part of the total land subject to this Annexation Agreement: The South 300 feet, as measured along west line of tract , of the west 700 feet , as measured along south line of tract, of the southeast quarter of the northwest quarter of Section 29; also The West 300 feet of the south half of the northeast quarter of Section 29; also The West 300 feet of the north half of the north half of the southeast quarter of Section 29, All in Township 43 North , Range 11 East of the Third Principal Meridian , in the Village of Buffalo Grove, Lake County, Illinois, commonly located south of Thompson Boulevard as extended and south of the Wagner WHEREAS, there has also been submitted to the corporate authorities of the Village of Buffalo Grove an Annexation Agreement pursuant to statute, and WHEREAS, proper and due notices of public hearings for zoning and on said Annexation Agreement have been given and public hearings were had, 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: SECTION 1 . The Annexation Agreement, copy of which is attached hereto and made a part hereof as EXHIBIT A, is approved. SECTION 2. The President and Clerk of this 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 in the manner provided by law. AYES: �p NAYES: D ABSENT: PASSED this u� day of 1976. APPROVED: L""c a Village President ATTEST : Vil age Clerk ..I. J .,�. c z:..n c.., , 11.<I 111 n.I LJ1 l..I L V l —u I.I- U.. I J,•• u u r v, _t,I . I , •J i v, v n _ between the Village of Buffalo Grove, Illinois, (hereinafter referred to as Unlace) by and throug;-. the President and Board of-Trustees of the Village of Buffalo Grove (hereinafter collectively referred to as the "Corporate Authorities") , LaSalle National Bank as Trustee under 'rust No. 4932.3 (hereinafter referred to as owner) and Surety Hories as developer- and owner (hereinafter referred to as Developer) W I T N E S S E T H : WHEREAS, the Developer is the contract purchaser and will be the developer of the real estate, comprised of approximately 48. 5 acres , the legal description or which is set forth on the Plat of Annexation , marked Exhibit "A", which is attached hereto and made a part hereof, which real estate is contiguous to the corporate limits of the Village of Buffalo Grove and is part of that larger parcel commonly referred to as the "Didier Property" and described as follows : That part of Section 29 , Township 43 North, Range 11 East of the Third Principal Meridian hereby annexed: The South Half of the Southeast Quarter of the Northwest Quarter of Section 29 (except that part thereof described as the South 300 feet , as measured along West line of tract, of the West 700 feet, as measured along South line of tract of the Southeast Quarter of the Northwest Quarter of Section 29") ; The Northeast Quarter of the Southeast Quarter of the Northwest Quarter of Section 29-. also The West 575.0 feet of the Southwest Quarter of the Northeast Quarter of Section 29 (except that part thereof described as the West 300 feet of the South half of the Northeast Quarter of Section 2.9) ; also The 4,'est 575.0 feet of the Northwest Quarter of the Southeast Quarter of Section 29 (except that part thereof described as the 'lest 300 feet of the North half of the North half of the Southeast Quarter of Section 29) ; also The West 575.0 feet of that part of the Southwest Quarter of the Southeast Quarter of Section 29 lying North of the South line of Busch Road (County Highway 11) as dedicated and Northeast of the Center line of State Route Na 83; All in Section 29 , Township 4-3 North , Range: I1 East of the Third Principal Meridian , in Lake County , Illinois, and containing 48. 1 acres more or less, the balance of which has heretofore been zrinexed. to the Village of Buffalo Grove and is described as follows: a The South 300 feet , as measured along west line of tract , of the west 700 feet , as measured along souti-i 1 i ne of tract ., of the southeast quarter of the northwest quarter of Section 29; also The West 300 feet of the south half of the northeast quarter of Section 29; also The West 300 feet of the nort1h, half of the north half of the southeast_ quarter of Section 29, All in Township 43 North, Range 11 East of the Third Principal Meridian , in WHEREAS , the Owner and Developer desires and proposes subject to stipulations and conditions herein set forth and pursuant to the provisions and regulations applicable to the R-5 Single Family Dwelling District of the Village Zoning Ordinance, to develop the Subject property in accordance with and pursuant to a certain general development plan prepared by Michael L. Ives and Associates, _ dated 1 -22-76 rev- ised 3-17fMhereinafter referred to as "Plan of Development") a copy of which is attached hereto, and made a part hereof, as Exhibit "B"; and WHEREAS, the Owner and Developer, after full consideration , recognizes the many advantages and benefits resulting from the inclusion of the proposed development as an integral part of the Buffalo Grove Community, and therefore, desires to have the Subject property annexed .to the Village of Buffalo Grove upon certain terms and conditions , hereinafter set forth; and WHEREAS , the Corporate Authorities, after due and careful consideration, have concluded that the annexation of the Subject property to the Village on the terms and conditions hereinafter set forth would further the growth of the Village, enable the Village to control the development of the area, and serve the best interests of the Village; and WHEREAS, it is the desire of the Village, the Owner and the Developer that the development of the Subject property begin as soon as possible, subject to the present ordinances, codes and regulations of the Village, as such ordinances , codes and regulations may be amended pursuant -to this agreement, and WHEREAS, pursuant to the provisions of Section 11 -15. 1-1 et seq. of the Illinois Municipal Code (Chapter 24, Illinois Rev. Statutes, 1974) , a proposed annexation agreement in substance and in form the same as this 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 in the manner provided by Law, the Plan Commission and Corporate Authorities of. the Village have had such public hearings prescribed by Law with respect to the requested zoning classification of R-5 Single Family Dwelling District for the Subject property, and recommendations made by said Commission were submitted to the Corporate Authorities ; NOW THEREFORE, in tunsideration of the premises Lind mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows : 1 . This agreement is made pursuant to and in accordance with the provisions of Sec. 11-15. 1-1 et seq, of the Illinois Municipal Code (Ch. 24, 111 . Rev. Stat. , 1974) . 2. The Developer by and with the approval of the Owner has filed with the Village Clerk of the Village, a proper petition or petitions, pursuant to and in accordance with the provisions of Section 7-1-8 of the Ill . Mun. Code ( Ill . Rev. Stat. Ch. 24, Sec. 7-1-8) conditioned on the execution of this agreement, with the terms and provisions contained herein , to annex the Subject property to the Village of Buffalo Grove. It is understood and agreed that this agreement in its entirety, together with the aforesaid petition or petitions for annexation shall be null , void and of no force and affect unless the said property is validly zoned and classified under the Village's Zoning Ordinance. 3. Subject to the conditions and restrictions hereinafter set forth, the Corporate Authorities, immediately upon the execution of this Agreement , will enact an ordinance annexing the Subject property to the Village. 4. Immediately after the passage of the ordinance annexing the Subject property, as provided in paragraph 3 hereof, the Corporate Authorities shall adopt the proper ordinance or ordinances zoning and classifying the Subject property in the R-5 Single Family Dwelling District for the construction of up to 200 detached single family houses , including Lots 8 and 9 of Block 9 and Lots 18 to 22 inclusive in Block 8, and shall cause such approvals to be evidenced by the adoption of a special ordinance and such other ordinances, resolutions or other action as may be necessary or authorized by the applicable ordinances of the Village. 5. The Corporate Authorities agree to approve final plats of units or phases of the development and plats of subdivision thereof and issue building permits based upon final versions of plans and drawings of those matters within the Plan of Development upon submission by the Owner-Developer, provided that such final documents (1 ) conform to the Plan of Development, (2) conform to the terms of this agreement and except as herein set forth all applicable Village performed its obligati ins under this agreement up to the date of submission of such final plans and plats. For purposes of this agreement, a plan shall be considered to be in substantial conformance if it is identical to the Plan of Development or contains dimensional- -deviations within 10% of the Plan of Develop- ment as to the (1 ) Building(s) size, type, number and location, (2) parking areas and location, (3) ingress-egress points, (4) landscaped areas and green space, and (5) roadways , sidewalks , pedestrian ways and bicycle paths, if any. b. The Owner-Developer will build in conformity with the Plan of Develop- ment. If the Owner-Developer desires to make changes in the Plan of Development as herein approved, the parties agree that such changes in the Plan of Development, will require the submission of amended plats or plans, together with proper supporting documentation, to the Plan Commission and the Corporate Authorities to consider changes in this agreement which would allow the desired changes to the Plan of Development. The Corporate Authorities may, at their sole discretion, require additional public hearings. Said Corporate Authorities may approve or disapprove of the changes at their discretion. 7. The Owner-Developer agrees to tap on to the Village water systems and pay to the Corporate Authorities fees for such tap ons in accordance with the provisions of Ord. No. 72-27 of the Village of Buffalo Grove, attached hereto as Exhibit "C" and made a part hereof, such fees to be paid at such times as building permits are issued by the Village from time to time. Water and sewer mains and laterals (both onsite and offsite) serving the property shall be installed by Owner-Developer as per Village standards and .specifications and, except for service connections to buildings, shall upon installation and accept- ance be dedicated to the Village, become part of the Village water system and be maintained by the Village. 8. The Corporate Authorities agree to cooperate with the Owner-Developer in obtaining such perrlits from Governmental agencies having jurisdiction as may be necessary to authorize connections from the proposed Development to the Lake County Department of Public Works or the M.S.D. Sewer System, and to the State or County roads, as appropriate. The Owner-Developer shall construct onsite and offsite sanitary sewers and storm sewers as appropriate to service the Subject and maintain such systems , except for sanitary sewer service connections. The Owner-Developer agrees to pay all present and increased water and sewer usage rates and charges. 9. It is further understood and agreed that a portion of the system of sanitary sewers (including a lift station) and water mains to be constructed and installed by the Owner-Developer to serve the proposed Development on the Subject property may be required to be so located and (or) oversized as to benefit neighboring properties, not owned by the Owner-Developer, by making sanitary sewer and water service available thereto. In such event , the Corporate Authorities agree to adopt an ordinance and take such other action as may be necessary to permit the Owner-Developer to recapture that portion of the costs of the construction and installation of such sewers and water system as are attributable to such neighboring properties in a proportionate amount from such neighboring property owners as may be so benefited. Both parties agree to use their best efforts and to cooperate reasonably in order to achieve a practical and economically feasible route to the existing offsite utilities connecting to the existing Village systems. Owner-Developer agrees to pay its proportionate share of utility oversizing costs for the utilities previously extended to Owner- Developer 's property and used by Owner-Developer to service the subject development. 10. Owner-Developer agrees to pay to the Village an annexation fee in an amount equal to $100.00 per dwelling unit payable at the time the building permit for each respective building in the Development is issued. 11 . (A) The parties agree that the project to be developed on the subject property is inappropriate for a complete school site, but that in the event a school site is developed adjacent to the subject site, on the property commonly known as the "Wagner" property, it might be desirable to incorporate a portion of the subject property into that school site. As permitted by provision "E" of the Village Resolution No. 72-35 (School/Park Donation) , the parties further agree as follows: 1 . A cash contribution shall be made by the Owner-Developer in lieu of the requirment for a school site dedication, provided that the cash con-t-ribution by Owner-Developer shall be made on a lot by lot basis as the that 2. There shall be reserved to the School Board of School District No. 96, for a period of two years from the date of this Agreement, the right to elect to request the aedication , for use as a part of a larger contiguous school site, of a strip of land consisting of .95 acres, along the northern boundary of the Subject property, said land being designated on the attached Exhibit "B" as Lots 18 thru 22 inclusive in Block 8, provided such election shall be made not later than two years from the date of this Agreement. The Owner-Developer shall convey the land to the Village on or before 60 days from the date the Owner-Developer receives notice of such election. The property conveyed shall be free of taxes and defects on title. 3. Provided further that, in the event the School Board of District 96 shall not have exercised the right to elect dedication as under paragraph 11 (A) (2) above within two years from the date of this Agreement , said right shall be deemed to have been waived by the School District, in which event the Owner-Developer shall have the right to develop and sell said lots and the total cash contribution to be made by Developer under this Section shall be the sum of $84,750.00, this amount to be reduced to the sum of $61 ,000.00, in the event the School Board's right under paragraph 11 (A) (2) is exercised, either of said amounts to be adjusted by reason of actual experience. Cash contribution of $28,250.00 shall be made by the Owner- Developer to the Village for the use and benefit of School District #125. Such benefits shall be held and distributed for the purposes set forth in Village Resolution No. 72-35. ll . (B) For the benefit of the Village and the residents thereof the Owner- Developer agrees to donate to the Corporate Authorities and the Corporate Authorities agree to accept 6.96 net acres of public open space in the Subject property as shown by the properties designated "Park" on the attached Exhibit "B". Said properties to be conveyed on or before 60 days after passage and approval of the final plat of subdivision. Title shall be free of taxes and title defects. The parties further agree that the donation of cash and land for the schools and parks as specified in the paragraph 11 shall constitute the Developer 's full and complete compliance with the terms of the school and park resolution as regards the subject property. 12. (A) Except as otherwise set forth herein , all Ordinances of the Village of Buffalo Grove relating to subdivision controls, zoning, building, electrical , plumbing, housing and related restrictions in effect as of the date of this agreement or as amended pursuant to this agreement, insofar as they apply to the Subject property, continue in effect during the full term of this agreement, except with the mutual consent of the parties, but with the exception of regular up- dating amendments to the BOCA Code, the Suburban Building Officials Code, the National Electrical Code, AIA Fire Prevention Code, supplemented by NFPA Volumes by the authors of said Codes ; and also that Developer may construct and maintain signs relating to its development on the Subject properties, subject to the appropriate Village Ordinances. The Developer shall cause the standards set forth in the "Village of Buffalo Grove Engineering Standards", a copy of which, marked Exhibit "D", is attached hereto and made a part hereof, to be met in the construction of the project. 12. (B) The parties to this agreement in recognition of the fact that the requirement for the . 38 net acre detention area shown on Lots 8 and 9 of Block 9 on the attached Exhibit "B", noted thereon as "Temporary Detention ," may be eliminated by future development of the property not owned by the Developer to the north of said "Temporary Detention" area, agree as follows : 1 . Developer agrees to create a drainage easement on said lots 8 and 9 of Block 9 to provide for the presently required "Temporary Detention" and to convey said lots to the Village of Buffalo Grove on the condition that said lots be used solely for purposes of storm water detention and provided further that at such time as such detention is no longer required in this area, title to said lots shall be reconveyed and revert back to Developer, and 2. The Corporate Authorities agree that at such time as storm water rlctontSnn is nn lnnnPr rPnuirPd on snid Lot-, 8 and 9 of Block 9. they will or ordinance. 13. Developer agrees that all streets are to be constructed in accordance with Village Standards set forth in the subdivision ordinance and provided; however, Brandywyn Lane dedication shall be 63 feet in width and the street 36 feet in width back curb to back curb. The dedicated streets upon their completion are to be dedicated to and accepted by the Village and thereafter to be maintained by the Village. 14. Developer agrees that, in lieu of its installing a public walkway on its property along the northern side of the right of way of Busch Road at the present time, it will place in escrow with the Village of Buffalo Grove the amount of $4,000.00, which funds shall be used for installation of -such a public walkway on the northern side of the Busch Road right of way from Brandywyn Lane as shown on attached Exhibit "B" to Route 83 at such time as the proposed relocation and improvement of Busch Road has been completed. This amount shall represent Developer's total obligation insofar as said public walkway. Any of the above funds not expended will be returned to developer. Any additional expenditure above $4,000.00 would be paid by Developer. 15. Developer will submit building and parkway landscaping plans for approval by the Appearance Control Commission and the Village Board before commencing construction of buildings, as required under Village Ordinance No. 72-12. 16. Developer agrees , at the request of the Indian Trails Library District , to annex any part of all of the Subject property to said Library District. 17. The Developer agrees , at the request of the Buffalo Grove Park District , to annex any part of all of the Subject property to said Park District. 18. The Corporate Authorities hereby represent and agree that , except as otherwise set forth herein , all fees or charges relating to the annexation , zoning, development and construction of this tract are specifically set forth in this agreement; that same shall not be increased (except as otherwise provided herein) or supplemented during the term of this agreement , and that there will be no new charges or fees levied or imposed for the annexation, zoning, development or construction of this tract during the term of this agreement. The parties agree that building permit fees may be increased from time to time (but not more than all building permit applicants throughout the Village; also, water service fees, tap-on fees, sewer service fees as currently constituted, may be increased (not retroactively) if such increases are applied uniformly among all users in similar classifications. 19• In lieu of any bonds or deposits required for public improvements under a subdivision ordinance of the Village, the Developer may, at its election, furnish to the Village an irrevocable letter of credit issued by a sound and reputable banking or financial institution authorized to do business in the State of Illinois , or other security mutually agreed upon, in an amount equal to the amount of bonds or deposits required by said subdivision ordinance. Said irrevocable letter of credit or other security shall be limited to the amounts required for public improvements (including sanitary sewers , storm sewers , water mains , storm water retention facilities , streets, curbs, sidewalks and street lights) in those areas of the Subject property which have received final sub- division approval by the Village. The letters of credit or other security shall be in effect for the time required for bonds or deposits under the subdivision control ordinance. It is agreed that any bonds, deposits, letters of credit or other security may be reduced in amount from time to time as the public improve- ments assumed by such security are completed. 20. It is agreed by the parties hereto that time is of the essence of this agreement, and that all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed by the parties that the successful consummation of this agreement and the development of the Subject property in a manner in the best interests of all parties requires their continued cooperation; and the Developer 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, provided the extent of the Developer's financial obligation is fully set forth herein ; the Corporate Authorities do hereby evidence their intent for continued cooperation in the resolution of mutual problems and their willingness to facilitate the development of the subject property as contem- plated by the provisions hereof. 21 . In the event the Owner-Developer has not completely constructed and installed onsite and offsite sewer, water and storm water facilities and improve- ments on or before five years from'Che date hereof, the Corporate Authorities shall have the right to revert the zoning to the R-1 Single Family Dwelling District or cause all or any part of the property to be disconnected from the Village. 22. The term of this agreement shall be five (5) years. 23. It is understood and agreed by the parties hereto that the several provisions of this agreement are separable, and that if any Court of competent nriiltdGe anv provision of this agreement to be invalid or RIDER ATTACHED TO AND MADE A PART OF DOCMJENT DATED . Yj ?6 UNDER TRUST N0. z This instrument is executed by LaSALLE NATIONAL BANK. not personally authority conferred upon and vested in it as such Trustee. but solely as Trustee, as aforesaid, in the exercise of the po All wer and the terms, provisions, stipulations, covenants and conditions to All performed by LaSALLE NATIONAL BANK are undertaken by it solely as Trustee, as aforesaid, and not individually and all statements herein made are made on information and belief and are to be construed accordingly, and no personal liability shall be asserted or be enforceable against LaSALLE NATIONAL BANK by reason of any of the terms, provisions, Stipulations, covenants and/or statements contained in this instrument. 3 .,� 0- -4 F F VILLAGE OF BUFFALO GROVE, B ATTEST- - a Municipal Corporation By Village Clerk Village Presiden ATTEST: LaSalle National Bank, as Trustee Trust #119323 and not persemWy A9gtPTAMZ"e"dretary - w .._ ANS'T VICE PRE5IDEND' ATTEST: uity Homes Corporation _.eW-9-Y-1. _ Herbert R. 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