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1983-005 ORDINANCE N0. 83- 5 AN ORDINANCE AMENDING ANNEXATION AGREEMENT DATED JANUARY 16, 1978_(Carle /Suffield Place) WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Constitution of the State of Illinois of 1970; and WHEREAS, the Village Board of Trustees, did by Ordinance No. 78-3, and as amended by Ordinance No. 78-3A, approve an Annexation Agreement dated January 16, 1978 for property described as follows : THE EAST 1053.01 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 43, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN: and THE EAST 1053.01 FEET OF THE SOUTH 330 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP AND RANGE AFORESAID, ALL IN LAKE COUNTY, ILLINOIS, and WHEREAS, the property owners have requested that the terms and conditions of the aforesaid Annexation Agreement be extended; and WHEREAS, all public hearings required by law to execute the provisions of an amendment of the Annexation Agreement have been held in the manner provided by law pursuant to the provisions of Section 11-15.1-1 et. seq. , of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, 1979) ; and WHEREAS, the President and Board of Trustees have considered said Amendment of Annexation Agreement and have determined that the adoption of said Amendment is in the best interests of the Village of Buffalo Grove. 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. That a certain Amendment of Annexation Agreement dated January 10, 1983, by and between the Village of Buffalo Grove and United Develop- ment Company, Inc. is hereby approved. A true and correct copy of said Amendment of Annexation Agreement, as approved by the corporate authorities of the Village of Buffalo Grove, is attached hereto and made a part hereof as Exhibit "A". SECTION 2. The Village President and the Village Clerk are hereby authorized to execute said Agreement on behalf of the Village of Buffalo Grove. -2- SECTION 3. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. ie t 1 , e, O' Reilly, Hartstein, Gerschefske, Schwartz AYES: Marienthal Stone, NAYES: 0 - None ABSENT: 0 - None PASSED: January 10 1983. January 10 1983. APPROVED: IIIIIIIIIIII III µl III k V^��Diu � 3 Ill�i IIIIIW A ° �. Village President VCler „��� w+Al �. ,^y#hN '',, ANNEXATION AGREEMENT AMENDMENT Suffield Place (Carley) This Agreement (hereinafter referred to as the "Agreement") made and entered into this loth day of January, 1983, 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 UNITED DEVELOPMENT COMPANY, INC. (hereinafter referred to as "Owner") , an Illinois Corporation. 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 subject to an annexation agreement which was approved by the Corporate Authorities by Ordi- nance Number 78-3, and amended by Ordinance Number 78-3A, on January 16, 1978 as described as follows: THE EAST 1053.01 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 43, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN: and THE EAST 1053.01 FEET OF THE SOUTH 330 FEET OF THE SOUTH- EAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP AND RANGE AFORESAID, ALL IN LAKE COUNTY, ILLINOIS; and WHEREAS, said annexation agreement is due to expire on January 16, 1983; and WHEREAS, substantial development remains to be completed on said property; and WHEREAS, it is in the best interests of both parties to extend the term of said agreement for five (5) additional years; and WHEREAS, pursuant to the provisions of Section 11-15.1-1 et. seq. , of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1979) a proposed Annexation Agreement Amendment, in substance and in form substantially 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. NOW, THEREFORE, in consideration of the premises, mutual covenants and agreement here 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 1979( and the Village's Home Rule Powers. The preceding 11HEREAS clauses are hereby made a part of this agreement. -2- . 2. Sch o Park and Librar Donations. a) Paragraph 12 of the original 0o is hereby annexation agreement ki441} k modified by deleting "Ordinance No. 77-72 regard- insertin in lieu thereof ing school and park donations�� and tktz44.kA Title 19 of the Buffalo Grove Municipal Code regarding school., park, and library donations. However, it is understood by both parties that the park donation has been satisfied due to land donations as depicted on the concept plan." b) Paragraph 24 is hereby deleted in its entirety. 3. Annexation Fee. Paragraph 11 of the original annexation agreement will remain the same with the addition of the following sentence at the end of the paragraph: "However, the annexation fee for the entire subdivision will be paid in full prior to the expiration of this agreement." 4. Term Extension. The term of the original annexation agreement is here- by extended for five (5) years from the date of this agreement subject to the terms in the original agreement and as modified by this agreement. IN WITNESS WHEREOF, the Corporate Authorities and Owner have caused this instrument to be executed by their respective proper officials duly authorized to execute the same on the day and year first above written. VILLAGE OF BUFFALO GROVE f � By Village President ° ATTEST • C���y,'t°•o"'�, ,a ,r �_ Vill 67.pgrp�ke °. 4. OWNER By C-xig Presi ent ATTEST: UNITED DEVELOPMENT COMPANY, INC. Secretary