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1987-003 ORDINANCE NO. 87- 3 AN ORDINANCE APPROVING ANNEXATION AGREEMENT (Westchester Estates) WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, there has hereto fore 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 public hearings on said Annexation Agreement and Zoning have been given and public hearings were held; and, WHEREAS, it is determined to be in the best interests 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, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None ABSENT:-O --4 PASSE ua r y 5 � 1987 APPROVED: January 5, 1987 ATTE'S ' y APPROVED: .n u 2 ,Yillage Clerk Pro -Tem VERNA L. CLAYTON, Villag resident 12/15/86 WESTCHESTER ESTATES ANNEXATION AGREEMENT Table of Contents 1. Applicable Law. 2 2. A reement: Compliance and Validity. 2 3. Enactment of Annexation Ordinance. 3 4. Enactment of Zoning Ordinance. 3 5. Approval of Plats. 3 6. Compliance with A licable Ordinances. 4 7. Amendment of Plan. 4 8. Building Permit and Engineering Fees. 5 9. Water Provision. 5 10. Storm and Sanitar Sewer Provisions. 6 11. Draina a Provisions. 6 12. Owner Reca ture of Utilit° Costs. 7 13. Pa ent of Reca ture Fees Owed. 7 14. Security for Public and Private Site Improvements. 7 15'. Exhibits. -8 16. Annexation Fee. 8 17. Building, Landsc!lping and Aesthetic Plans. 8 18. Project Models. 9 19. Riht of Way Dedication. 9 20. Park District Donations. 9 21. School District Donations. 9 22. Annexation to the Buffalo Grove Park District. 10 23. Facilitation of Development. 10 24. Enforceabilit of the A reement. 10 25. Term of Agreement. nt. 10 26. Binding Effect of A reement. 10 27. Corporate Capacities. 11 28. Notices. 11 29. Default. 11 30. Special Conditions. 12 e 12/15/86 WESTCHESTER ESTATES ANNEXATION AGREEMENT This agreement (hereinafter referred to as the "Agreement") made and entered into this 15th day of December, 1986, 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") , LaSalle National Bank as Trustee Under Trust Agreement dated September 15, 1986, and known as Trust Number 111557; Anthony Mormino; Harris Trust and Savings Bank as Trustee Under Trust Agreement dated September 2, 1980 and known as Trust Number 40591; Harris Trust and Savings Bank as Trustee Under Trust Agreement dated August 29, 1979 and known as Trust Number 39843; Michael Whelan and Mary Whelan; (hereinafter collectively referred to as "Owner") , and SCARSDALE ENTERPRISES, INC., an Illinois Corporation (hereinafter referred to as "Developer") . 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 comprising 47.413 acres, more or less, legally described and identified in the Petition for Annex- ation, which is attached hereto as EXHIBIT A, which exhibit is made a part hereof (hereinafter referred to as the "Property") and which real estate is contiguous to the corporate limits of the Village; and, WHEREAS, Developer desires and proposes pursuant to the provisions and regulations applicable to the R-3 and R-4 Districts of the Village Zoning Ordi- nance to develop Property in accordance with and pursuant to a certain Preliminary Plan (labeled "Preliminary Engineering Plat" - 5 sheets) prepared by 1 2 491 McBride Engineering, Inc. and dated as last revised December 10, 1986, (hereinafter referred to as the "Preliminary Plan") , a copy of which Preliminary Plan is attached hereto as EXHIBIT D 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. seq. , of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1985) 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-3 and R-4 Districts; and, WHEREAS, the President and Board of Trustees after due and careful consider- ation 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 1985) 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: A reement: Compliance and Validit . The Owner has filed with the Village Clerk of the Village a proper petition (EXHIBIT A hereto) pursuant to and in accordance with provisions of Section 7-1-8 of the Illinois Municipal Code 252491.8 2 (Chapter 24, Illinois Revised Statutes 1985) as the same may have been modified by the Village's Home Rule powers, conditioned on the execution of this Agreement and the compliance with the terms and provisions contained herein, to annex Property to the Village. It is understood and agreed that this Agreement in its entirety, together with the aforesaid petition for annexation, shall be null, void and of no force and effect unless Property is validly annexed to the Village and is validly zoned and classified in the R-3 and R-4 Districts, 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 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. Within 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-3 and R-4 Districts subject to the restrictions further contained herein and all applicable ordi- nances 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 in accordance with a Preliminary Plan prepared by McBride Engineering, Inc. and dated December 10, 1986, (EXHIBIT D) . 5. Approval of Plats. The Corporate Authorities hereby approve a Prelimi- nary Plan (EXHIBIT D) pursuant to the provisions of the Development Ordinance and in addition agree to approve a Final Plat of Subdivision upon submission by the Developer of complete and proper materials as required for the issuance of 252918 3 appropriate building and other permits based on final versions of the plans and drawings of the development of Property as submitted by the Developer provided that the plat or plats shall: (a) conform to the Preliminary Plan, (EXHIBITS D) ; 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 Development Improvement Agreement (EXHIBIT C) as amended from time to time. 6. Compliance with Applicable Ordinances. The Developer agrees to comply with all ordinances of the Village of Buffalo Grove as amended from time to time in the development of the Property, provided that all new ordinances, amendments, rules and regulations relating to zoning, building and subdivision of land adopted after the date of this Agreement shall not be arbitrarily or discrimina- torily applied to the Property but shall be equally applicable to all property similarly zoned and situated to the extent possible. Developer, in the develop- ment 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 provisions of this paragraph, no zoning changes to the Village Zoning Ordinance will be applied that would adversely effect the development of the Property pursuant to the Preliminary Plan. 7. Amendment of Plan. If the Developer desires to make changes in the Preliminary 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 sole discretion, require additional public hearings and may review the commitments of record contained in this Agreement, including, but not limited to fees, prior to final consideration of any change in the Preliminary Plan. The Village Manager is hereby authorized 4 . 2524918 to approve such minor changes as he deems appropriate, provided that no such change involves a reduction of the area set aside for common open space. 8. Building Permit and En ineerin 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 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. Developer shall pay any non-discriminatory new or additional fees hereinafter charged by the Village to Developer of property 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 D are hereby approved by the Village, however, it is understood that changes to the Preliminary 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 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 Proper- ty 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. 5 - 2524SILS 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 govern- mental agencies having jurisdiction as may be necessary to authorize connection from the proposed development to the Lake County Public Works Department for the collection of sewage. The Developer shall construct on-site and off-site sanitary sewers as may be necessary to service the Property, as per EXHIBIT D, however, it is understood that changes to the Preliminary 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. B. The Developer shall also construct on the Property in question any storm sewers which may be necessary to service the Property, as per EXHIBIT D, however, it is understood that changes to the Preliminary 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 Developer agrees to operate and maintain that portion of the storm sewer system located on the subject Property and not dedicated, and shall record a covenant to that effect within thirty (30) days of the recording of the Plat of Subdivision. 11. Drainage Provisions. The Developer shall fully comply with any request of the Village Engineer related to the placement of buildings on lots, to pre- serve drainage standards. The Developer shall install any storm sewers and/or 6 q 2524918 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. 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. 13. Payment of Recapture Fees Owed. Any amount of recapture required to be paid by this Property shall be due and payable upon final platting of Phase I of this development. 14. S curity for Public and Private Site Im rovements. Security for public and private site improvements shall be provided in accordance with the Develop- ment Ordinance, and the Development Improvement Agreement (EXHIBIT C) as amended from time to time. Any letter of credit issued for such improvements shall be 7 10 2524918 drawn on a financial institution of net worth reasonably satisfactory to the Village Attorney. The issuer may have an equitable or lending interest in the Property provided that the letter of credit, either by its own terms or by separate written assurances of the issuer, shall be honored irrespective of that interest. The Village shall have the right to draw up to the full amount of the letter of credit in order to complete, and have formal acceptance of, all im- provements secured by the letter of credit. 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 Petition for Annexation of Property EXHIBIT B Plat of Annexation EXHIBIT C Development Improvement Agreement EXHIBIT D Preliminary Plan EXHIBIT E Landscaping Plan 16. Annexation Fee. Developer agrees to pay an annexation fee in an amount equal to $1800 per unit which fee shall be payable prorata at issuance of build- ing permits. However, this fee shall be paid in full prior to January 1, 1990. 17. Buildin , LandscaRjn& and Aesthetics Plans. Developer will submit building and landscaping plans (which landscaping plans shall conform to the requirements of Village Ordinances) for approval by the Appearance Commission and the Corporate Authorities before commencing construction of buildings. Lighting and signage shall be compatible with surrounding areas. Phases not under con- struction or completed shall be maintained in a neat and orderly fashion as determined by the Village Manager. No homes constructed on any lot shall be less 8 q 25249ILS than 2000 square feet. The Developer shall install two (2) park benches near the bicycle path adjacent to the retention basin. The specific location shall be approved by the Appearance Commission. 18. Pro„',-�ect Models The Village agrees to permit the Developer to con- struct and maintain one model area on the Property together with suitable off-street parking areas, all subject to Appearance Commission approval. Such construction shall be in compliance with the provisions of the Village's Building Code in existence at the time of building permit issuance. Further, the Developer may utilize models only as a project office for the marketing of portions of the Property. Such use shall be discontinued when the project contemplated herein has been fully and finally completed. 19. Right of Way Dedication. The Developer acknowledges that it is the intention of the Village and other involved agencies that at some time in the future Busch Road and Buffalo Grove Road will be widened. At the request of the Village, but no later than upon approval of the Final Plat of Subdivision, the Developer agrees to dedicate such additional right-of-way along Buffalo Grove Road as may be required to permit the widening of Buffalo Grove Road to 54 feet from the center line. 20. Park District Donations. Developer agrees to comply with the pro- visions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding park donations. Upon request of the Village, the 2.8 acre park at the northeast corner of the Property shall be dedicated to the Village for possible conveyance to the Buffalo Grove Park District . 21. School District Donations. Developer agrees to comply with the pro- visions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding school donations. 9 . 2524918 22. Annexation to the Buffalo Grove Park District. The Developer agrees, at the request of the Buffalo Grove Park District, to annex any part or all of the subject Property to said Park District. 23. 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 Developer does hereby evidence his intention to fully comply with all Village requirements, his will- ingness to discuss any matters of mutual interest that may arise, and his will- ingness 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. 24. 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. 25. Term of Agreement. 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. 26. Binding Effect of A reement. This Agreement shall be binding upon the parties hereto, their respective successors and assigns. 252� 10 27. Corporate Capacities. The parties acknowledge and agree that the individuals that are member 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. 28. 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: Frank Morelli Scarsdale Enterprises, Inc. 1606 Hinman Avenue Evanston, IL 60201 Copy to: Jerry Meister Antonow & Fink 111 E. Wacker Suite 3000 Chicago, IL 60601 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa Bloche' , French & Raysa 1140 Lake Street Suite 400 Oak Park, IL 60301 29. Default. A. In the event Owner or Developer defaults, in his performance of his obligations set forth in this Agreement, then the Village, may, upon notice to Developer allow 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 Developer fails to cure such default or provide such evidence as provided above, then, with notice to 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 11 1 L{ 2524SIL rezone such Property to the R-1 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-1 District zoning classification. 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 for 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 Scarsdale Enterprises, Inc. , then 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 Owner or Developer defaults in his obligations created under this Agreement, the Village may enforce such obligations against the Property, Owner. 30. Special Conditions. A. A variation is hereby granted to Section 17.40.020.B. of the Buffalo Grove Zoning Ordinance to provide for the fallowing: Lot 16A 35 foot rear yard Lot 20A 35 foot rear yard Lot 24A 35 foot rear yard and 25 foot corner side yard B. Developer shall grade the entire Buffalo Grove Road right-of-way (104 feet) from LaSalle Drive to the south Property line of the Property. Said grading plan shall be approved by the Village Engineer. C. Developer shall install a five (5) foot wide sidewalk along the north side of Busch Road adjacent to the unincorporated parcels between Hidden Lakes Drive and the retention basin site. 2 24 �.8 12 I� D. The detention area shall be dedicated to the Village upon request of the Village. E. Developer shall obtain a title insurance policy insuring the Village and also waiving any easements (other than those approved by the Village) on land to be dedicated. F. It is understood and agreed by the parties hereto that this Agreement, in its entirety, together with the Petition of the Onwer and Developer for annexation of the Property to the Village, at the election of the Owner (individually or collectively) , shall be null and void and of no force and effect unless the Developer acquires title to the Property no later than February 1, 1987. If the Property has been annexed to the Village prior to February 1, 1987, the Owner (individually or collectively) may, by written notice received by the. Corporate Authorities no later than February 10, 1987, request the Corporate Authorities to disconnect the Property from the Village, and the Corporate Authorities shall comply with such request within sixty (60) days of such written request. A request for such disconnection from any Owner shall be deemed to be a request from all Owners, it being the intention of the parties hereto that if there be a disconnection it shall include the entire Property. 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 the year first above written. 2 4 i8 13 Lxoneration p1-o i,31on restricting �iny Nability of Harris Trust and Earsk, siarnped on the re- y��sih,a i,ereaf,is heireby expresslb a u,,. t s,nrc=0f. VILLAGE OF BUFFALO GROVE VERNA L. CLAYTON, Villa resident ATTE$,tv Village Clerk O� 6— LaSalle National Bank as Trustee Under ,? Trust Agreement dated September 15, 1986 and kno s T It Number 111557 a not personally a USISTANT VICE PRtSIUtrr M w�.rr Secretar.y Ant o ino + °r k, -ATTEST: �I` Harris Trust and Savings Bank as Trustee Under Trust Agreement dated September 2, a✓ 980 and known as Trust number 40591� y r� �1 x r Y 'k �. r �xrfd u,�,5yd�UW«AaN`mpg rfiws#+:a ee'c��'c++�� y y. uI''�rt �`r..f twi ✓ ''3't"T�'$'""a�"`ram_�--F-_; P 14 � bu'I the p"o. is bereby, expresim Harris Trust and Savings Bank as Trustee Under Trust Agreement dated August 29, 1979 and known as Trust Number. 39843 �/ AT FBT: r J ' r Michael Whelan and Mar y Whelan Ir P ATTEST. 'r~�e&��ay', 2524918 RECEIVED LAKE cou ORoER MAR 2 4 1987 NTY, ILLINOIS l58T JAN 12 AM g 23 STATE OF ILLINOIS ) SS. COUNTY OF COOK & LAKE ) I, JANET M. SIRABIAN, hereby certify that I am the duly elected, qualified and acting VILLAGE CLERK of the Village of Buffalo Grove, Counties of Cook and Lake, Illinois, and the keeper of its seal and records. I hereby further certify that the attached is the original of Ordinance No. S -3 adopted on the day of 19 by the Village Board of the Village of Buffalo Grove as shown by the records in my custody. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Village of Buffalo Grove aforesaid, at said Village, in the County and State aforesaid, this day of , 19 Villa e Clerk g � , . Pi, may„ SO Gvvd9