1999-099 12/15/99 4515300
Filed for Record in:
LAKE COUNTY, IL
NARY ELLEN VANDERVENTER - RECORDER
On Apr 18 2000
At 9:22a•
Receipt #: 226373
Doc/Type : ORD
Deputy - Cashier #1
ORDINANCE NO. 99-99
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR
U-STOR-IT
South side of Aptakisic Road at Frillman Ave/Roadway Lane
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 notices of the public hearings on said Annexation
Agreement and Zoning have been given and the public hearings were 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.
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f,:
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Section 2. The President and Clerk of the Village are hereby authorized to
execute said Agreement on behalf of the Village of Buffalo Grove.
Section 3. This Ordinance shall be in full force and effect from and after its
passage and approval. This Ordinance shall not be codified.
AYES: 5-Marienthal Braiman Hendricks Glover Berman
NAYES: -0- None
ABSENT: 1 - Reid
PASSED: Dpepmbpr 20_ 1999 APPROVED: December 20. 1999
ATTEST: APPROVED:
Vill Clerk LLIOTT HARTSTEIN, Village President
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
This document was prepared by: Robert E. Pfeil, Village Planner,
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
4515300
12/20/99
ANNEXATION AGREEMENT
U-STOR-IT FACILITY
South side of Aptakisic Road at Frillman Ave/Roadway Lane
TABLE OF CONTENTS
1 . Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2. Agreement: Compliance and Validity . . . . . . . . . . . . . . . . . . 3
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . 4
4. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . 4
5. Approval of Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . 5
7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
10. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . 7
1 1 . Drainage Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12. Payment of Recapture Fees Owed . . . . . . . . . . . . . . . . . . . . 8
13. Security for Public and Private Site Improvements. . . . . . . . . . 8
14. Right of Way Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
15. Exhibits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
16. Building, Landscaping and Aesthetics Plans . . . . . . . . . . . . . 10
17. Declaration of Covenants, Conditions and Restrictions. . . . . . 10
18. Annexation to the Buffalo Grove Park District. . . . . . . . . . . . 11
19. Facilitation of Development.. . . . . . . . . . . . . . . . . . . . . . . . 12
20. Enforceability of the Agreement. . . . . . . . . . . . . . . . . . . . . . 12
21 . Term of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
22. Binding Effect of Agreement . . . . . . . . . . . . . . . . . . . . . . . 12
23. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
24. Notices.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
25. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
26. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
27. Special Conditions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
4515300
12/20/99
ANNEXATION AGREEMENT
U-STOR-IT FACILITY
South side of Aptakisic Road at Frillman Ave/Roadway Lane
This agreement (hereinafter referred to as the "Agreement") made and entered
into this 20th day of December, 1999, 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 Harris Trust and Savings Bank as Trustee under Trust Agreement
dated August 3, 1987 and known as Trust No. 44001 , Ruth Miller as Co-trustee of
the Trust created by the Last Will and Testament of Glenn Miller, the Jesse Miller Trust
dated February 11 , 1986 and Ruth E. Miller (hereinafter collectively referred to as
"Owner") and U-STOR-IT (Buffalo Grove), LLC, an Illinois limited liability company
(hereinafter referred to as "Developer").
WITNESSETH:
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the
provisions of the Constitution of the State of Illinois of 1970; and,
WHEREAS, Owner is the owner of a certain tract of property (hereinafter
referred to as the "Property") comprising 2.043 acres legally described and identified
in the Legal Description, attached hereto as EXHIBIT A and made a part hereof, and
which real estate is contiguous to the corporate limits of the Village; and,
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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 2.587
acres to be annexed; and,
WHEREAS, Developer desires and proposes pursuant to the provisions and
regulations applicable to the Industrial District of the Village Zoning Ordinance to
develop the Property in accordance with and pursuant to a certain Preliminary Plan
prepared by Groundwork, Ltd. and dated as last revised October 27, 1999, and also
a certain Preliminary Engineering Plan prepared by Groundwork, Ltd. and dated as last
revised October 27, 1999, (hereinafter jointly referred to as "Preliminary Plan") a copy
of which Preliminary Plan is attached hereto as EXHIBITS E, E-1 and F and
incorporated herein, and subject to all other exhibits attached hereto or incorporated
by reference herein. Said development of the Property shall consist of a three-story,
climate-controlled self-storage facility of 90,400 square feet.
WHEREAS, pursuant to the provisions of Section 5/1 1-15.1-1 et. seq., of the
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Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1 998) 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 its recommendations with respect to
the requested zoning classification in the Industrial District, special use approval for the
proposed residential dwelling unit, the retail sales area and the outside storage and
variations of the Village Development Ordinance and Zoning Ordinance; and,
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WHEREAS, the President and Board of Trustees after due and careful
consideration have concluded that the annexation of the Property to the Village and
its zoning and development on the terms and conditions herein set forth would further
enable the Village to control the development of the area and would serve the best
interests of the Village.
NOW, THEREFORE, in consideration of the premises, mutual covenants and
agreements herein set forth, the parties hereto agree as follows:
1 . Applicable Law. This Agreement is made pursuant to and in accordance
with the provisions of Section 5/1 1-15.1-1 et. seq., of the.Illinois Municipal Code
(Chapter 65, Illinois Compiled Statutes 1998) 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 the
provisions of Section 5/7-1-8 of the Illinois Municipal Code ;(Chapter 65, Illinois
Compiled Statutes 1998) 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 Industrial District, all as contemplated in this Agreement.
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3. Enactment of Annexation Ordinance. The Corporate Authorities within
twenty-one (21) days of the execution of this Agreement by the Village will enact a
valid and binding ordinance (hereinafter referred to as the "Annexation Ordinance")
annexing the Property to the Village. Said Annexation Ordinance shall be recorded at
the Lake County Recorder's Office along with the Plat of Annexation (attached hereto
as EXHIBIT B).
4. Enactment of Zoning Ordinance. Within twenty-one (21) days after the
passage of the Annexation Ordinance, the Corporate Authorities shall adopt a proper,
valid and binding ordinance, zoning the Property in the Industrial bistrict and approving
a special use for a residential dwelling unit, outside storage and a retail sales area(for
the sale of locks, containers, packing and sealing materials and similar items incidental
to the operation of the self-storage facility), 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 Flan (EXHIBITS E, E-1
and F) and other exhibits attached hereto or incorporated by reference herein.
5. Approval of Plans. The Corporate Authorities hereby approve the
Preliminary Plan (EXHIBITS E, E-1 and F) pursuant to the provisions of the
Development Ordinance. The Corporate Authorities agree to approve a Development
Plan (including a plat of subdivision) based on final versions of the plans and drawings
of the development of the Property as submitted by the Owner or Developer provided
that the Development Plan shall:
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(a) conform to the approved Preliminary Plan, and
(b) conform to the terms of this Agreement and all applicable Village
Ordinances as amended from time to time; and
(c) conform to the approved Development Improvement Agreement as
amended from time to time.
6. Compliance with Applicable Ordinances_. The Owner and Developer agree
to comply with all ordinances of the Village of Buffalo Grove as amended from time
to time in the development of the Property, provided that all new ordinances,
amendments, rules and regulations relating to zoning, building and subdivision of land
adopted after the date of this Agreement shall not be arbitrarily or discriminatorily
applied to the Property but shall be equally applicable to-all property similarly zoned
and situated to the extent possible. Developer, in the development of the Property,
shall comply with the standards set forth in the Village of Buffalo Grove Development
Ordinance as amended from time to time. Notwithstanding the foregoing, the Village
shall not apply new ordinances or regulations to the Property to the extent that the
ordinances or regulations would prevent development of the Preliminary Plan approved
herein.
7. Amendment of Plan. If the Developer desires to make changes to the
Preliminary Plan, as herein approved, the parties agree that such changes to 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, in their sole discretion, require additional public hearings
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and may review the commitments of record contained in this Agreement, including,
but not limited to fees, prior to final consideration of any change to the Preliminary
Plan. The Village Manager is hereby authorized to approve such minor changes as he
deems appropriate, provided that no such changes - (a) increases by more than two
percent (2%) the floor area proposed for nonresidential use; nor (b) increases by more
than two percent (2%) 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 or Developer and the Village on any engineering and technical
matters subject to this Agreement, the Village reserves the right to pass along any and
all additional expenses incurred by the use of consultants in the review and inspection
of the development from time to time. Owner or Developer shall pay any non-
discriminatory new or additional fees hereinafter charged by the Village to owners and
developers of properties within the Village.
9. Water Provision. The Developer shall be permitted and agrees to tap on
to the Village water system at points recommended by the Village Engineer which
points to the extent shown on EXHIBIT F are hereby approved by the Village. It is
understood, however, that changes to the Preliminary Engineering Plan may be
required at the time of Final Engineering. The Developer further agrees to pay to the
Village such fees in accordance with the applicable Village Ordinances at the time of
the issuance of the water and sewer permits. The Developer agrees to accept any
increase in water rates and tap on fees provided such rates and fees apply consistently
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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 Developer and, except for service connections to the buildings
shall, upon installation and acceptance by the Village through formal acceptance action
by the Corporate Authorities, be dedicated to the Village and become a part of the
Village water system maintained by the Village.
10. Storm and Sanitary Sewer Provisions.
A. The Corporate Authorities agree to cooperate with the Developer
and to use their best efforts to aid Developer in obtaining such permits from
governmental agencies having jurisdiction as may be necessary to authorize connection
from the proposed development to the Lake County Department of Public Works for
the collection of sewage and to the Lake County Division of Transportation as may be
appropriate. The Developer shall construct on-site and off-site sanitary sewers as may
be necessary to service the Property, in accordance with EXHIBIT F. It is understood,
however, that changes to the Preliminary Engineering Plan may be required at the time
of Final Engineering. Upon installation and acceptance by the Village through formal
acceptance action by the Corporate Authorities, the Corporate Authorities agree to
operate and maintain such systems, except for sanitary sewer service connections.
The Developer agrees to accept any increase in sewer rates and tap on fees, provided
that such fees and rates are applied consistently to all similar users in the Village to
the extent possible.
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B. The Developer shall also construct any storm sewers which may
be necessary to service the Property, in accordance with EXHIBIT F. It is understood,
however, that changes to the Preliminary Engineering Plan may be required at the time
of Final Engineering. The Developer agrees to operate and maintain that portion of the
storm sewer system located on the subject Property and not dedicated.
The Developer shall provide off-site drainage improvements as required by the
Village Engineer, and said improvements shall be implemented pursuant to the
schedule set forth by the Village Engineer.
11 . Drainage Provisions. The Developer shall fully comply with any request
of the Village Engineer related to the placement of buildings on lots, to preserve
drainage standards. The Developer shall install any storm sewers and/or inlets which
are required to eliminate standing water or conditions of excess sogginess which may,
in the opinion of the Village Engineer, be detrimental to the growth and maintenance
of lawn grasses.
12. Payment of Recapture Fees Owed. Any amount of recapture required to
be paid by this Property shall be due and payable to the Village upon issuance of the
first building permit for the Property.
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 (EXHIBIT C) as amended
from time to time. Any letter of credit issued for such improvements shall be drawn
on a financial institution of net worth reasonably satisfactory to the Village Attorney.
The issuer may have an equitable or lending interest in the Property provided that the
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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. Right of Way Dedication. At the request of the Village, but no later than
upon approval of the plat of subdivision of the Property, Owner and Developer agree
to dedicate additional right-of-way along Aptakisic Road as depicted on EXHIBIT F
attached hereto to provide a right-of-way of 60 feet from the center line of Aptakisic
Road as approved by the Village Engineer.
15. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Developer or the witnesses during the hearings held before the
Plan Commission and the Corporate Authorities prior to the execution of this
Agreement, are hereby incorporated by reference herein, made a part hereof and
designated as shown below. This Agreement, upon execution by the parties, together
with copies of all EXHIBITS, shall be kept on file with the Village Clerk and be available
for inspection to the parties hereto.
EXHIBIT A Legal Description
EXHIBIT A-1 Plat of Survey dated October 18, 1999 by James R. Dietz
EXHIBIT B Plat of Annexation dated as last revised December 14, 1999
by James R. Dietz
EXHIBIT C Development Improvement Agreement
EXHIBIT D Site and Zoning Information Sheet dated November 19,
1999 by Groundwork, Ltd.
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EXHIBIT E Preliminary Plan (Site Plan, 11 x17-inch, color) dated as last
revised October 27, 1999 by Groundwork, Ltd.
EXHIBIT E-1 Preliminary Plan (Site Plan, 24x36-inch) dated as last
revised October 27, 1999 by Groundwork, Ltd.
EXHIBIT F Preliminary Engineering Plan dated as last
revised October 27, 1999 by Groundwork, Ltd.
EXHIBIT G Preliminary Landscaping Plan dated as last revised November
19, 1999 by Pugsley and LaHaie, Ltd.
EXHIBIT H Preliminary Exterior Building Materials List (4 sheets) dated
October 18, 1999 by Groundwork, Ltd.
EXHIBIT I Concept Building Elevation and Section (1 1 x17-inch, color)
dated October 18, 1999 by Groundwork, Ltd.
EXHIBIT J Concept Building Floor Plans (11x17-inch, color) dated
October 18, 1999 by Groundwork, Ltd.
16. Building, Landscaping and Aesthetics Plans. Developer shall submit a
final landscaping plan for review and approval by the Village Forester prior to issuance
of a certificate of occupancy. Lighting and signage shall be compatible with
surrounding areas as approved by the Village. No signage shall be used in window
glass areas of the towers on the north elevation of the building
17. Declaration of Covenants. Conditions and Restrictions. The Property
shall be subject to a declaration of covenants, conditions and restrictions
("Declaration") which shall include but not by way of limitation a provision whereby
the Village shall have the right, but not the obligation, to enforce covenants or
obligations of the Owner, Developer or association and/or owners of the units of the
Property as defined and provided with the Declaration, and further shall have the right,
upon thirty (30) days prior written notice specifying the nature of a default, to enter
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upon the Property and cure such default, or cause the same to be cured at the cost
and expense of the Owner, Developer or association of the Property. The Village shall
also have the right to charge or place a lien upon the Property for repayment of such
costs and expenses, including reasonable attorneys' fees in enforcing such obligations.
The Declaration shall include, but not by way of limitation, covenants and
obligations to own and maintain the stormwater facilities and drainage system depicted
on EXHIBIT F.
The Declaration shall also include the provision that any and all streets
constructed on Frillman Avenue, Roadway Lane (or the vacated right-of-way of said
streets) and the Property shall be maintained as required by the Village at the sole cost
and expense of the Owner and Developer.
The Declaration shall also include the obligation that the Owner and Developer
shall provide snow removal for public access easements and public sidewalks and
shall store excess snow in appropriate off-street locations.
The Declaration shall also provide that the Property shall be used and developed
in accordance with Village ordinances, codes and regulations applicable thereto,
including ordinance(s) enacted pursuant to this Agreement. The Declaration shall be
submitted to the Village for review and approval, and shall further provide that the
provisions relative to the foregoing requirements may not be amended without the
prior approval of the Village.
18. Annexation to the Buffalo Grove Park District. The Owner and
Developer agree, at the request of the Buffalo Grove Park District, to annex any part
or all of the subject Property to said Park District. �
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19. 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 is in the best interests of all the
parties and requires their continued cooperation. The Owner and Developer do hereby
evidence their intention to fully comply with all Village requirements, their willingness
to discuss any matters of mutual interest that may arise, and their willingness to assist
the Village to the fullest extent possible. The Village does hereby evidence its intent
to 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.
20. 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 provision shall be deemed to be
excised herefrom and the invalidity thereof shall not affect any of the other provisions
contained herein.
21 . Term of Agreement. This Agreement is binding', on all parties and the
Property for a term of twenty (20) years from the date of this Agreement. This
Agreement shall not be assigned without prior written consent of the Village.
22. Binding Effect of Agreement. This Agreement is binding upon the
Property, the parties hereto and their respective grantees, successors and assigns.
23. Corporate Capacities. The parties acknowledge and agree that the
individuals that are members of the group constituting the Corporate Authorities are
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entering into this Agreement in their official capacities as members of such group and
shall have no personal liability in their individual capacities.
24. 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: Harris Trust and Savings Bank
1 1 1 West Monroe Street
Chicago, IL
c/o Ruth Miller
Box 3216 RFD
Long Grove, IL 60046
If to Developer: Larry Nora
U-STOR-IT
655 Big Timber Road
Elgin, IL 60123
Copy to: Lawrence M. Freedman, Esq.
Ash, Anos, Freedman and Logan, L.L.0
77 West Washington Street, Suite 1211
Chicago, IL 60602
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Raysa & Skelton, P.C.
1 140 Lake Street, Suite 400
Oak Park, IL 60301
25. Default.
A. In the event Owner or Developer default in performance of their
obligations set forth in this Agreement, then the Village may, upon notice to Owner
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or Developer, allow Owner or Developer sixty (60) days to cure default or provide
evidence to the Village that such default will be cured in a timely manner if it cannot
be cured during said period. If Owner or Developer fail to cure such default or provide
such evidence as provided above, then, with notice to Owner or Developer, the Village
may begin proceedings to disconnect from the Village any portion of the Property upon
which development has not been completed or at the option of the Village, to rezone
such Property to the Residential Estate District. In such event, this Agreement shall
be considered to be the petition of the Owner or Developer to disconnect such portion
of the Property,. or at the option of the Village, to rezone such Property to the
Residential Estate District
B. In addition to sub-paragraph A. hereof, it is recognized by the
parties hereto that there are obligations and commitments set forth herein which are
to be performed and provided by the Developer not by the Owner. The Village agrees
that the Owner as such is exculpated from any personal liability or obligation to
perform the commitments and obligations set forth herein and that the Village will look
solely to the Developer for such performance, except that to the extent that the Owner
or successor thereto shall become a developer or shall designate or contract with a
developer other than U-STOR-IT. In that case, the Owner or the new designee shall be
subject to the liabilities, commitments and obligations of this Agreement. In the event
the Developer defaults in its obligations created under this Agreement, the Village may
enforce such obligations against the Property Owner.
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26. Litigation.
A. The Owner and Developer, at their cost, shall be responsible for
any litigation which may arise relating to the annexation, zoning and development of
the Property. Owner and Developer shall cooperate with the Village in said litigation
but Owner or Developer's counsel will have principal responsibility for such litigation.
B. The Owner and Developer shall reimburse the Village for
reasonable attorneys' fees, expenses and costs incurred by the Village resulting from
litigation relating to the annexation, zoning and development of the Property or in the
enforcement of any of the terms of this Annexation Agreement upon a default by the
Owner or Developer.
C. Owner and Developer hereby indemnify 'and hold the Village
harmless from any actions or causes of action which may arise as a result of
development activities for which the Owner or Developer is responsible.
27. Special Conditions.
A. The following variations to the Village Zoning Ordinance are hereby
granted pursuant to the Preliminary Plan (EXHIBITS E, E-1 and F):
Section 17.16.060 - To allow an area of Industrial Zoning of less
than ten (10) acres;
Section 17.20.03O.C. and 17.48.020.C.9. - To allow fencing of
eight (8) feet in height around an outside storage area;
Section 17.48.020.F.1 . and F.4. - To allow a building setback of
5 feet along Frillman Avenue and 2 feet instead of 25 feet along
Roadway Lane (sometimes labeled as "access road" or "Roadway
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Road" on the EXHIBITS hereto);
Section 17.48.020.F.5.a. - To allow a parking access aisle within
the 50-foot landscaped setback required along a major street;
Section 17.48.020.F.8 - To allow a floor area ratio of 0.81 instead
of 0.80.
B. The following variations to the Village Development Ordinance are
hereby granted pursuant to the Preliminary Plan (EXHIBITS E, E-1
and F): .
Section 16.50.050.D.7 - To permit sanitary sewers at a minimum
depth of less than six (6) feet;
Section 16.50.070.D.2. - To allow a pavement width for Frillman
Avenue/Roadway Lane of 27 feet instead of 47 feet and a right-of-
way width of 50 feet for Frillman Avenue and 40 feet for
Roadway Lane instead of 80 feet;
Section 16.50.080.A.1 . - To waive the requirement for sidewalks
to be installed on both sides of Frillman Avenue/Roadway Lane:
C. Outside storage on the Property shall be limited to storing operable
vehicles in good condition and may include motor coaches,
campers, passenger automobiles, limousines, mini-vans, mini-
buses, motorcycles, small trucks, boats, and boat trailers. No
vehicle, boat or boat trailer shall exceed 25 feet in length, and no
repair or mechanical work shall be performed on any vehicle, boat
or boat trailer on the Property.
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D. Developer shall construct a 10-foot wide sidewalk along Aptakisic
Road along the frontage of the Property, and extending west across
the Wisconsin Central Railroad tracks to connect to the existing
sidewalk at Aptakisic Road/Weiland Road. The segment of the
sidewalk along the Aptakisic Road frontage of the Property shall
be completed as part of the initial site improvements as approved
by the Village Engineer.
The Village shall obtain the necessary permits and approvals
concerning construction of the sidewalk across the Wisconsin
Central Railroad tracks. The Developer's financial obligation
concerning construction of the sidewalk over the Wisconsin Central
Railroad tracks (in and around the rails) shall be $3,000.00. In the
event that necessary permits and approvals are not obtained within
two (2) years from the date of this Agreement, Developer shall pay
said $3,000.00 to the Village in lieu of said construction across the
Wisconsin Central Railroad tracks.
E. Pavements constructed on the Property and the vacated right-of-
way of Frillman Avenue and Roadway Lane shall conform to the
pavement design standards as specified in the Village Development
Ordinance for Industrial streets, except that a six (6) inch minimum
thickness bituminous base shall be incorporated in the pavement
design and construction.
'f
17
4515300
F The Village shall take appropriate action to vacate that portion of
Frillman Avenue, Roadway Lane and the alley falling within the
Property or abutting the Property, provided that as a condition
thereof, Owner or Developer grants a non-exclusive perpetual
easement for ingress and egress over and across said vacated right-
of-way and the Property for the benefit of the properties located
south and east thereof. Developer shall provide public access
easements and public utility easements on the Property as required
by the Village, and said easements shall be delineated on the plat
of subdivision of the Property.
G Any water wells and septic sewer facilities on the Property shall
be properly sealed or pumped and filled as required by the Illinois
Department of Public Health and as approved by the Village Health
Officer. Any underground tanks shall be removed as permitted and
approved by the Illinois State Fire Marshal.
H All buildings, structures, vehicles, junk and debris on the Property
shall be removed prior to any development of the Property.
1. The removal or relocation of any trees on the Property is subject
to approval by the Village Forester. Prior to any site grading or site
preparation work, the Developer shall obtain approval by the Village
Forester.
J. Developer shall pay a fire protection equipment impact fee of
$0.75 per gross square foot of building area constructed on the
18
4515300
Property. Said fee shall be paid at issuance of the building permit.
K. Fire lanes shall be provided on the Property in compliance with the
recommendations of the Buffalo Grove Fire Department. Said fire
lanes shall be depicted on the plat of subdivision of the Property.
L. It is understood and agreed that the Village of Buffalo Grove levies
a real estate transfer tax on all conveyances of real property in the
Village. The Property shall be considered to be in the Village upon
passage of the annexation ordinance by Corporate Authorities.
M. It is understood and agreed that upon annexation the Village will
issue new street address(es) for building(s) on the Property to
ensure proper identification for provision of services, and Owner
shall use said Village address(es) in place of current address(es)
assigned by Lake County. Owner is also required to contact the
Buffalo Grove Post Office and submit a change of address(es)
requesting use of the address(es) as assigned by the Village.
N. Developer shall construct a casing under the Wisconsin Central
Railroad, of sufficient size to accommodate two (2) sanitary
forcemains. One-half of the cost of said installation may be
recovered by the Developer if used by property not owned by the
Developer. The Village agrees to enact a recapture ordinance to
that effect, subject to adequate documentation by the Developer,
as determined by the Village Engineer, concerning the cost of
constructing said casing.
19
45153nn
O. Owner agrees to cooperate with the Village to discourage
unauthorized use, including vehicular parking,of the property located
west of.the Property, and further agrees to immediately notify the
Village of any use which appears to be unauthorized in orderto assist
the Village in taking any necessary action to eliminate same. Owner
further agrees to cause the Property to be landscaped and lighted to
maximize the ability of the Village to observe and monitor such
property to further discourage unauthorized use thereof.
IN WITNESS WHEREOF, the Corporate Authorities, Owner and Developer have
caused this instrument to be executed by their respective proper officials duly authorized
to execute the same on the day and the year first above written.
VILLAGE OF BUFFALO GROVE
By �✓ 01
ELLIOTT HARTSTEIN, Village President
la successor Land
ATTEST: F u:; ' E3 re trances
T�a�v
l;alik shall
By i..,
'Taylor Bank as
=-or. `
T� s$ce.
OWNS famsMst and Savings Bank,
as Trustee, under Trust Agreement dated
August 3, 1987 and known as Trust
Number 440
By
T ST FFICER
A
By % This agreement is signed by COLE TAYLOR BANK not
1/�0�� individually but solely as Trustee under a certain
2 t�J Trust Agreement known as Trust No. Liyao I _
Said Trust.agreement is hereby made a part hereof and any
claims against said Trustee which may result from Bie signing
of this Agreement shall be payable only out of any trust
property Wiich may be held thereunder,and said'irustle shall
not be personally liabh for tt lfomwnce of any of tt&se terms
and conditions of this agreement or for the vaiidry or ccndition
of the title of said propeity or for any agreement with respect
thereto.Any and all personal liability of COLE TAYLOR BANK
20 is hereby expressly waived by the parties hereto and their
respective successors and assigns.
45-1 5.300
OWNER: Ruth E. Miller,
as to an undivided 2/6 interest
By
Ruth E. Willer
ATTEST:
By
OWNER: Ruth Miller,
and Co-Trustee, if and when
appointed as created by the
last will and testament of
Glenn Miller, deceased, as to
an undivided 1/6 interest
By / z
Ruth E. Miller, Trustee
ATTEST:
By
OWNER: Jesse Miller Trust
dated February 11, 1986, as
to an undivid /6 interest
,
By /I
Jesse Miller, Trustee
ATTEST:
By
DEVELOPER: U-Stor-It (Buffalo Grove),
LLC, an Illinois limited liability
company
By
Lawrence S. Nora
ATTEST:
By
Mail to: This document prepared by:
Village Clerk Robert E. Pfeil,Village Planner
Village of Buffalo Grove Village of Buffalo Grove
50 Raupp Boulevard 50 Raupp Boulevard
Buffalo Grove, Illinois 60089 Buffalo Grove, Illinois 60089
21 �
t T�
4'_1;1 S ()n
OWNER: Ruth E. Miller,
as to an undivided 2/6 interest
By
Ruth E. Miller
ATTEST:
By
OWNER: Ruth Miller,
and Co-Trustee, if and when
appointed as created by the
last will and testament of
Glenn Miller, deceased, as to
an undivided 1/6 interest
By
Ruth E. Miller, Trustee
ATTEST:
By
OWNER: Jesse Miller Trust
dated February 11, 1986, as
to an undivided 1/6 interest
By
Jesse Miller, Trustee
ATTEST:
By
DEVELOPER: U-Star-It (Buffalo Grove),
LLC, an Illinois limited liability
company
By: Blu� LLC,_its. manager
By
Lawrence S. Nora , its
ATTEST: manager
By
Mail to: This document prepared by:
Village Clerk Robert E. Pfeil, Village Planner
Village of Buffalo Grove Village of Buffalo Grove
50 Raupp Boulevard 50 Raupp Boulevard
Buffalo Grove, Illinois 60089 Buffalo Grove, Illinois 60089
22
m,T
4515300
s
EXHIBIT A
Legal Description
U-STOR-IT
South side of Aptakisic Road at Frillman Avenue
PARCEL 1
LOTS 3, 4, 5, 6 AND 7 AND THE NORTH %2 OF LOT 8 IN BLOCK 1 IN FRILLMAN PARK,
BEING A DIVISION OF PART OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 28 AND PART OF THE NORTH WEST 1/4 OF THE NORTH WEST 1/4 OF
SECTION 27, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 1, 1887 AS
DOCUMENT 35931, IN BOOK "A" OF PLATS, PAGE 63, IN LAKE COUNTY, ILLINOIS;
PARCEL 2
THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 28, TOWNSHIP 43 NORTH, RANGE I 1 EAST OF THE THIRD PRINCIPAL
MERIDIAN, LYING WESTERLY OF THE WESTERLY LINE OF THE PUBLIC HIGHWAY
AND EASTERLY OF THE EASTERLY RIGHT OF WAY LINE OF THE MINNEAPOLIS ST.
PAUL AND SAULTE STE MARIE RAILROAD AND SOUTH OF THE SOUTH LINE OF
COUNTY HIGHWAY 33 IN LAKE COUNTY, ILLINOIS;
PARCEL 3
THE SOUTH HALF OF LOT 8, LOT 9, AND LOT 10 IN BLOCK ONE IN FRILLMAN
PARK, BEING A SUBDIVISION OF PARTS OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 28 AND OF PART OF THE.NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TdWNSHIP 43 NORTH,
RANGE l l EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF, RECORDED ON JULY 1, 1887 AS DOCUMENT NO. 35931, IN BOOK"A" OF
PLATS, ON PAGE 63, IN THE OFFICE OF THE RECORDER OF DEEDS, ALL IN LAKE
COUNTY, ILLINOIS;
AND ALSO THOSE PARTS OF THE ADJACENT PUBLIC RIGHT OF WAYS OF
FRILLMAN AVENUE, PUBLIC ROAD SOMETIMES CALLED ROADWAY ROAD AND
ALLEY AND INCLUDING ANY UNINCORPORATED HIGHWAY.
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