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19890-81 11/1/89 ORDINANCE 89- 81 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT Vernon Townshig Facilities, Port Clinton Road/Main Street, Prairie View 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 - Marienthal, Glvoer, Reid Shifrin Mathias O'Malle NAYES: 0 - None ABSENT: 0 - None PASSED: November 6 1989 APPROVED: November 6 1989 APPRO VEMA L. CLAY ON, Village President ATTEST: VillAg,6 Clerk EXHIBIT A LEGAL DESCRIPTION VERNON TOWNSHIP FACILITIES SUBJECT PROPERTY LEGAL DESCRIPTION: That part of Lot 31 in School Trustee's Subdivision of Section 16, Township 43 North, Range 11, East of the 3rd Principal Meridian, described as follows: beginning at the northwest corner of said Lot 31; thence south along the vest line thereof 1076.50 feet; thence east parallel with the north line of said Lot 31 669.80 feet to the westerly right of way line of the Wisconsin Central Railway Company; thence northerly along said westerly right of way 1153.7 feet to the north line of said Lot 31 and thence west 249.20 feet to the, corner of beginning except that part thereof annexed to the Village of Vernon Hills. SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 11.3 acres at the southwest corner of Port Clinton Road and Main Street in unincorporated Prairie View, IL. 11/6/89 VERNON TOWNSHIP FACILITIES (Main Street/Port Clinton Road, Prairie View) ANNEXATION AGREEMENT TABLE OF CONTENTS 1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 2. Agreement: Compliance and Validit ' . . . . . . . . . . . . . . . . . . . . . . . . . .2 3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . .3 4. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 5. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . .3 6. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 7. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 8. Water Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 9. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . .6 10. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 11. Owner Reca ture of Utility Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 12. Payment of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 13. Security for Public and Private Site Improvements. . . . . . . . . . . . .7 14. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 15. Building, Landscaping, and Aesthetics Plans. . . . . . . . . . . . . . . . . . . .8 16. Annexation to the Buffalo Grove Park District. . . . . . . . . . . . . . . . .9 17. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 18. Enforceability of the Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 19. Term of Agr eement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 20. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 21. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 22. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 23. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 24. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 VERNON TOWNSHIP FACILITIES Port Clinton Road/plain Street ANNEXATION AGREEMENT LOCATION MAP :; =:. : = - r. --- - PORT CLINTON RD Im 1 69 / O OvFE y,,► J RGT R L 67 PARK AV M FOXFORD DRIVE 6i R. .j i� I � f ROUTE 22 ' �� Subject Property 11/6/89 VERNON TOWNSHIP FACILITIES (Main Street/Port Clinton Road, Prairie View) ANNEXATION AGREEMENT This agreement (hereinafter referred to as the "Agreement") made and entered into this 6th day of November, 1989, 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 VERNON TOWNSHIP (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, Omer is the owner of a certain tract of property (hereinafter referred to as the "Property") comprising 9.513 acres legally described and identified in 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, including street right-of-way adjacent to the Property, is attached hereto as EXHIBIT B, which depicts a total area of 11.02 acres to be annexed; and, WHEREAS, Owner desires and proposes pursuant to the provisions and regulations applicable to the R-7 Dwelling District of the Village Zoning Ordi- nance, with a Special Use authorization for governmental facilities, community services, and recreational use, to develop the Property in accordance with and pursuant to a certain Preliminary Plan (including preliminary engineering) prepared by the James Anderson Company and dated as last revised October 26, 1989, (hereinafter referred to as "Preliminary Plan") a copy of which is attached 1 hereto as EXHIBIT C and incorporated herein, and subject to all other exhibits attached hereto or incorporated by reference herein. WHEREAS, pursuant to the provisions of Section 11-15. 1-1 et. sea. , of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1987) 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 R-7, with a Special Use for govern- mental facilities, community services, and recreational use; and, WHEREAS, the President and Board of Trustees after due and careful consid- eration 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 1987) 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 (Chapter 24, Illinois Revised Statutes 1987) 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-7 District, with a Special Use authorization for governmental facilities, community services, and recreational use, 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 Ordi- nance") 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) . Recordation shall take place no more than thirty (30) days after enactment of Annexation Ordinance. 4. Enactment of Zoning Ordinance. Ndithin twenty-one (21) days after the passage of the Annexation Ordinance, the Corporate Authorities shall adopt a proper, valid and binding ordinance, zoning Property in the R-7 District with a Special Use authorization for governmental facilities, community services, and recreational use 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 (EXHIBIT C) . 5. Compliance with Applicable Ordinances. The Owner 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 3 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. 6. Amendment of Plan. If the Owner desires to make changes in the Prelim- inary 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 this Agreement. The Corporate Authorities may, at their scale 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 (20) the floor area proposed for nonresidential use; nor (c) increases by more than two percent (2Z) the total ground area covered by buildings. 7. Building Permit Fees. The building permit fees may be increased from time to time so long as said permit fees are applied consistently to all other developments in the Village to the extent possible. In the event a conflict arises between the Owner and the Village on any engineering and technical matters subject to this Agreement, the Village reserves the right to pass along any and all additional expenses incurred by the use of consultants in the review and inspection of the development from time to time. Owner shall pay any non-discriminatory new or additional fees hereinafter charged by the Village to Owner or property within the Village. 4 3. Water Provision. A. The Owner shall be permitted and agrees to tap on to the Village water system at points recommended by the Village Engineer which points to the extent shown on EXHIBIT C are hereby approved by the Village. It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of final engineering. The Owner further agrees to pay to the Village such fees in accordance with the applicable Village Ordinances at the time of the issuance of the water and sewer permits. The Village hereby waives its water connection fee. The Owner agrees to accept any increase in water rates and tap on fees provided such rates and fees apply consistently to all other similar users in the Village to the extent possible. Following such tap on, the Village agrees to provide to the best of its ability and in a non-discriminatory manner water service to all users on the Property in accordance with the Preliminary Plan. Watermains serving the Property and those approved as part of the development shall be installed by the Owner and, except for service connections to the buildings shall, upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, be dedicated to the Village and become a part of the Village water system maintained by the Village. B. The Village agrees to permit the Owner to retain the existing private well which is located on the Property. The Owner agrees that the well shall be used only for irrigation purposes of the Property, and said well shall be metered. Prior to operation of the well, the Owner shall specify the improve- ments proposed for the irrigation system. Interconnection with the Village water system is prohibited. The approved plans for this irrigation shall comply with Chapter 13. 18 of the Buffalo Grove :tunicipal Code except that the well shall be permitted to discharge directly to an irrigation system. 5 9. 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 [forks Department for the col- lection of sewage. The Owner shall construct on-site and off-site sanitary sewers as may be necessary to service 'the Property, as per EXHIBIT C. It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of final engineering. Upon installation and acceptance by _ the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain such systems, except for sanitary sewer service lateral connections. The Village hereby waives its sanitary sewer service connection fee. The Owner agrees to accept any increase in sewer rates and tap on fees, provided that such fees and rates are applied consistently to all similar users in the Village to the extent possible. B. The Owner shall also construct or, the Property in question any storm sewers which may be necessary to service the Property, as per EXHIBIT C. It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of final engineering. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate authorities agree to operate and maintain 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 story:: sewer system located oil the subject Property and not dedicated. 10. 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 6 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. 11. Owner Recapture of Utility Costs. It is further understood and agreed that a portion of the sanitary sewer, storm sewer, and/or watermain to be con- structed and installed by the Owner to serve the proposed development on the Property (hereinafter referred to as "Owner's Improvements") may be required by the Village to be so located and/or oversized as to benefit vacant neighboring properties not owned by the Owner, thus making such utility service available thereto. The Corporate Authorities agree to adopt an ordinance to permit the Owner to recapture from such vacant neighboring property owners as may be bene- fitted by the Owner's Improvements, that portion of the actual costs of oversiz- ing the construction and installation of Owner's Improvements, in such propor- tionate amounts from such neighboring property owners as may be so benefitted as determined by the Village. Said recapture ordinance shall only be enforceable for seven (7) years from its passage. The Village and Owner agree to use their best efforts to cooperate to achieve the most practical and feasible route to the off-site utilities connection points. The Village agrees to cooperate with the Owner in effectuating recapture from future developers as appropriate. The Village shall be entitled to a five percent (5%) fee from any amounts hereby recaptured as and for its collection efforts. 12. Payment of Recapture Fees Owed. Any amount of recapture required to be paid by this Property shall be due and payable upon connection to the Village sanitary sewer system. Recapture ordinances pertaining to the Property include Village Ordinances 79-53, 85-7, 85-16, 85-65, 85-67, 85-77, 87-58, and 87-60. 13. Security for Public and Private Site improvements. Security for public and private site improvements shall be provided in accordance with the Develop- 7 ment Ordinance, and the Development Agreement (EXHIBIT D) 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 Attor- ney. 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 tip 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 October 31 , 1989 EXHIBIT C Preliminary Plan (including preliminary engineering) dated October 26, 1989 by the James Anderson Company EXHIBIT D Development Improvement Agreement 15. 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 Corpo- rate Authorities before commencing construction of buildings and parking lots. 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. 8 16. Annexation to the Buffalo Grove Park District. The Owner agrees, at the request of the Buffalo Grove Park District, to annex any part or all of the subject Property to said Park District. The Owner agrees to use its best efforts to develop an agreement with the Buffalo Grove Park District concerning the use of Township recreational facilities for Park District activities. 17. Facilitation of Development. Time is of the essence of this Agreement, and all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed that the successful consummation of this Agreement and the development of the Property in the best interests of all the parties requires their continued cooperation. The Owner does hereby evidence his intention to fully comply with all Village requirements, his willingness to discuss any matters of mutual interest that may arise, and his 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. 18. 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. 19. Term of Agreement.nt. This Agreement will be binding on all parties 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. 9 20. Binding Effect of Agreement. This Agreement shall be binding upon the Property, the parties hereto, and their respective successors and assigns. 21. 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. 22. 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: William E. Peterson, Supervisor Vernon Township 23450 N. Main Street Prairie View, IL 60069 Copy to: Thomas R. Smoker, Esq. Smoker and Starck 415 Washington Street, Suite 214 Waukegan, IL 60085 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Bloche' , French & Raysa 1140 Lake Street Suite 400 Oak Park, IL 60301 23. Default. In the event Owner defaults, in his performance of his obligations set forth in this Agreement, then the Village, may, upon notice to Owner allow Owner sixty (60) days to cure default or provide evidence to the Village that such default will be cured in a timely manner if it cannot be cured during said period. If Owner fails to cure such default or provide such evidence as 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 10 has not been completed 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. 24. Special Conditions. A. The parties hereby acknowledge that Vernon Township intends to acquire Outlots 15-D, 15-E, 15-F and 15-G of the Woodlands at Fiore, Unit 15. Said Outlots adjoin the Property and are depicted on EXHIBIT C. At the time of conveyance of ownership of the Outlots to Vernon Township, the Village shall give full consideration to authorization of a special use to allow development of the Outlots in accordance with EXHIBIT C. Concerning Outlot 15-E, if development in addition to the eight-foot wide bikepath depicted on EXHIBIT C is proposed, said development shall be reviewed and approved by the Village. Concerning Outlot 15-D, the future development of a parking area as proposed by the Township shall include landscaping, screening, and if necessary, a berm to protect adjacent properties from impacts such as noise and light. B. An outdoor public address system shall not be installed on the Property. C. Any new outdoor lighting installed on the Property shall be designed to be unobtrusive for adjacent residential properties. D. The antenna tower and satellite dish antennas as depicted on EXHIBIT C are allowed as a special use. Any new antennas or replacement of existing antennas, shall be reviewed and approved by the Village. 11 E. The Owner shall construct the bikepaths and sidewalks depicted on EXHIBIT C as soon as possible after the water and sewer improvements depicted on EXHIBIT C are completed. The Owner shall provide easements as approved by the Village Engineer for the bikepaths. F. At the request of the Village, the Owner agrees to provide a ten-foot (10') wide permanent easement and the necessary temporary construction easement for the construction of the ten-inch (10") sanitary sewer shown in EXHIBIT C. The location of this sewer shall be determined mutually by the Village and the Owner. IN WITNESS WHEREOF, the Corporate Authorities and Owner have caused this instrument to be executed by their respective proper officials duiv authorized to execute the same on the day and the year first above written. VILLAGE OF BUFFALO GROVE VERNA L. CLAY TON, Village illage Pre r°.dent ATTEST: e a Villa Clerk OWNER, ernon Township, A Body Politic in the St e of Illino ' WILLIAM E. PETERSON, Supervisor Vernon Township ATTEST: vu31�sH tP � e{ 12 EXHIBIT A LEGAL DESCRIPTION VERNON TOWNSHIP FACILITIES SUBJECT PROPERTY LEGAL DESCRIPTION: That part of Lot 31 in School Trustee's Subdivision of Section 16, Township 43 North, Range 11, East of the 3rd Principal Meridian, described as follows: beginning at the northwest corner of said Lot 31; thence south along the west line thereof 1076.50 feet; thence east parallel with the north line of said Lot 31 669.80 feet to the westerly right of way line of the Wisconsin Central Railway Company; thence northerly along said westerly right of way 1153.7 feet to the north line of said Lot 31 and thence west 249.20 feet to the corner of beginning except that part thereof annexed to the Village of Vernon Hills. SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 11.3 acres at the southwest corner of Port Clinton Road and Main Street in unincorporated Prairie View, IL.