1991-006 1/30/91
ORDINANCE NO.
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT
Westchester Estates Phase Two
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 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 Reid Shifrin Mathias O'Malley, Kahn
NAYES: 0 - None
ABSENT: 0 - None
PASSED: February 5 1991
APPROVED: February 5 1991
APPROVED: -
VERNA L. CLAYTON, Village Pr dent
ATTEST:
Villakr Clerk, ,
WESTCHESTER ESTATES PHASE TWO
EXHIBIT A
PARCEL 9
THAT PART OF THE NORTHWEST 1/4 OF SECTION 28, TOWNSHIP 43
NORTH, RANGE 11 , EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE
OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 WHICH POINT IS 165
FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE NORTH 89
DEGREES 47 MINUTES 30 SECONDS EAST, ALONG SAID NORTH LINE,
83 . 96 FEET; THENCE SOUTH 48 DEGREES 12 MINUTES 10 SECONDS EAST,
235 . 52 FEET; THENCE SOUTH 41 DEGREES 47 MINUTES 50 SECONDS
WEST, 365. 75 FEET; THENCE SOUTH 0 DEGREES 01 MINUTES 17 SECONDS
WEST, PARALLEL WITH THE WEST LINE OF SAID SECTION, 550 FEET,
MORE OR LESS, TO THE CENTERLINE OF APTAKISIC CREEK; THENCE
NORTH 89 DEGREES 39 MINUTES 45 SECONDS WEST, 15. 85 FEET; THENCE
NORTH 0 DEGREES 01 MINUTES 17 SECONbS EAST PARALLEL WITH SAID
WEST LINE, 973 .71 FEET, TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS,
AND ALSO ABUTTING ROAD RIGHT OF WAY NOT HERETOFORE ANNEXED.
PARCEL A
THAT PART OF THE NORTHWEST 1/4 OF SECTION 28 , TOWNSHIP 43
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE NORTH LINE
OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 WHICH POINT IS 165
FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 0
DEGREES 20 MINUTES 15 SECONDS WEST, PARALLEL WITH THE WEST LINE
OF SAID SECTION, 973 . 71 FEET TO THE POINT OF BEGINNING; THENCE
SOUTH 89 DEGREES 39 MINUTES 45 SECONDS EAST, 15. 85 FEET TO THE
CENTERLINE OF APTAKISIC CREEK; THENCE SOUTHEASTERLY 480 FEET,
MORE OR LESS, ALONG SAID CENTERLINE TO THE SOUTH LINE OF SAID
NORTHWEST 1/4 OF THE NORTHWEST 1/4 ; THENCE NORTH 89 DEGREES 43
MINUTES 05 SECONDS EAST ALONG SAID SOUTH LINE, 470 FEET, MORE
OR LESS, TO A POINT BEING 330 FEET WEST OF THE SOUTHEAST CORNER
OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 ; THENCE SOUTH 0
DEGREES 04 MINUTES 34 SECONDS EAST, 439 . 56 FEET TO THE
NORTHEAST CORNER OF HOLUB'S FARM SUBDIVISION AS SHOWN ON THE
PLAT THEREOF, RECORDED DECEMBER 23 , 1955 AS DOCUMENT 893038 ;
THENCE SOUTH 89 DEGREES 41 MINUTES 05 SECONDS WEST ALONG THE
NORTH LINE OF SAID SUBDIVISION, 991 . 50 FEET TO THE WEST LINE OF
SAID SECTION; THENCE NORTH 0 DEGREES 01 MINUTES 17 SECONDS
EAST, 439 . 56 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST 1/4
OF THE NORTHWEST 1/4 ; THENCE NORTH 89 DEGREES 43 MINUTES 05
SECONDS EAST ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE
NORTHWEST 1/4 , 165 FEET; THENCE NORTH 0 DEGREES 01 MINUTES 17
SECONDS EAST PARALLEL WITH SAID WEST LINE, 353 . 41 FEET, MORE OR
LESS, TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS.
2/4/91
WESTCHESTER ESTATES, PHASE TWO
ANNEXATION AGREEMENT
.TABLE OF .CONTENTS
1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
2. Agreement: Compliance and Validity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
4. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
5. Approval of Plats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
6. Com fiance with Applicable Ordinances..............................5
7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
8. Building Permit Fees. . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . .. . . . . . .5
9. Water Rrovision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
10. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .6
11. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 `
12. Payment of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
13. Security for Public and Private Site Improvements. . . . . . .. . . . . . . . . . .8
14. Right-of-Way Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
15. Exhibits. . . .. . . . . . . .. . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
v6. Annexation Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . 9
17. Buildin , Landscaping and Aesthetics Plans. . . . . . . . . . . . . . . . . .. . . . . . .9
18. Project Models and Construction Access. . . . . . . . . . . . . . . . . . . . . . . . . . . .10
19. Park District Donation. . . . . . . . . . . . . . .. . . . . . . .. . . . .. . . . . . . . . . . . . . . .10
20. School District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
- 21. AnnexatSon-'to 'the Buffalo Grove Park District. . . . . . . . . . .. . . . . . . . . .10
22. Facilitation of Develo went. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
23. Enforceability of the Agreement. ......... ..............I.........
.11
24. Term of Agreement. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . ..11
25. Bindin Effect of A reement. ..... . . . . . . . . . . . . . . . . . . . . . . .. . . .. .. . . .11
26. Corporate Capacities. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
27. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
28. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .... . . . . .. .. . .12
29. Special Conditions. .. ..... . . .. . .. . . .. . . . . . . . .. . . . . . .. . . . . . . . . . . .13
-, WESTCHESTER ESTATES PHASE TWO
ANNEXATION AGREEMENT
LOCATION MAP
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Subject Property
2/4/91
WESTCHESTER ESTATES, PHASE TWO
ANNEXATION AGREEMENT
d
This agreement (here ►rafteY -referred to as the "Agreement") made and
entered into this 4th day of February, 1991, by and between the VILLAGE OF
_BUFFALO GROVE (here.inaf.ter -referred _to _as "Village") by and through the
President and Board of Trustees of the Village (hereinafter collectively
LaSALLE NATIONAL TRUST., N.A Successor Trustee tQ *R
referred to as the "Corporate Authorities") andlRaSALLE NATIONAL BANK, as
Trustee under a Trust Agreement dated September 15, 1986 and known as Trust
No. 111557 (hereinafter referred to as "Owner") , and SCARSDALE DEVELOPMENT,
LTD., 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 (hereinafter
referred to as the "Property") comprising 12.54 acres legally described and
.....
- identified in EXHIBIT A, including Parcel A and Parcel B (except for adjacent
road right-of-way) 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
13.26 acres to be annexed including Parcel A (11.51 acres) and Parcel B (1.75
acres) ; and,
WHEREAS, Developer desires and proposes to develop Parcel A of the
Property pursuant to the provisions and regulations applicable to the R-3
(One-Family Dwelling) District of the Village Zoning Ordinance and in
accordance with and pursuant to a certain Preliminary Site Plan prepared by
Systems Design Group, Inc. and dated as last revised January 3, 1991 and
1
also a Preliminary Engineering Plan prepared by McBride Engineering, Inc, and
dated as last revised November 26, 1990 and January 8, 1991 (hereinafter
jointly referred to as the "Preliminary Plan") , a copy of which Preliminary
Plan is attached hereto as EXHIBITS D, E and E-1 and incorporated herein, and
subject all .^.ther exhibit$ attache^� hcrct3 3r iuivrpGiatcd by reference
herein. Said development of Property shall contain not more than 13 lots for
single-family detached homes. It is understood and agreed that this
Agreement does not approve a Preliminary Plan for Parcel B, and said Parcel
shall be zoned in the R-E (Residential Estate) District; and,
WHEREAS, pursuant to the provisions of Section 11-15.1-1 et. seq. , of
the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1989) 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 classifications of the R-E and R-3 Districts;
and,
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, UHEIREFORE, � Cv� ,a. ,_ },. f ,_}. �_�_�._.
i-i-suit-.�:--.,-.- �n oi�ac'ia�ivii v Z. te 2'iu1�C$ =mutuSl t'{iii2Z�nt _-
agreements herein, set forth, the parties hereto agree as f-oliows-:
2
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 1989) and as the same
may have been modified by the Village's Home Rule powers. The preceding
rglharaac r1niicac am ha-rolli7 mayln 3 nnrt of this db �rgmcnt.
� r_ ,
2. A reement: 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 1989) 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-E
District (Parcel B) and R-3 District (Parcel A) , 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 Ordinance") 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. Within twenty-one (21) days after
the passage of the Annexation Ordinance, the Corporate Authorities shall
3
adopt a proper, valid and binding ordinance, zoning Parcel A of the Property
in the R-3 District and Parcel B in the R-E District 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 On the d-e.-el o ment of Par---el A in acc:rda^.ce Wit
h a
Preliminary Plan prepared by Systems Design Group, Inc. and dated January 3,
1991 (revised) , (EXHIBIT D) , and the Preliminary Engineering Plan prepared by
McBride Engineering and dated November 26, 1990 and January 8, 1991
(revised) , =IBTTS E and E-1) . Section A2 of Parcel A as depicted on
EXHIBITS D, E and E-1 shall be zoned as a Special Use in the R-3 District for
use as neighborhood ball fields or similar active uses as approved by the
Village.
5. Approval of Plats. The Corporate Authorities hereby approve a
Preliminary Plan (EXHIBITS D, E and E-1) for Parcel A pursuant to the
provisions of the Development Ordinance and in addition agree to approve a
Final Plan of Development and plat for development of Parcel A upon
submission by the Developer of complete and proper materials as required for
the issuance of appropriate building and other permits based on final
versions of the plans and drawings of the development of the Parcel A as
submitted by the Developer provided that the plat shall:
(a) conform to the Preliminary Plan (EXHIBITS D, E, and E-1) ; 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.
It is understood and agreed that development of Parcel A shall be completed
in a single phase, and any fuzur2 �<v,--l;,pmment pr-oposed for Par-c-el B tihall
meet all applicable requirements of the Development Ordinance, including
submission of plans and plats.
4
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 GubdivisiVn 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 provisions of this
paragraph, no zoning changes will be applied for a period of four (4) years
that would adversely affect 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 to approve such minor changes as he
deems appropriate, provided that no such changes involve a reduction of the
area set asiue for common open space.
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
5
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 nvii�uisCriiuiitatvey new or additional- fees
hereinafter charged by the Village to Developer or 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 E-1 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 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 ;tillage.
10. Storm and Sanitary Sewer Provisions.
A. The Corporate Authorities agree to cooperate with the Developer and
6
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 Public Works
Department for the collection of sewage and to the Lake County Division of
Traair"i"vrtativia as tiia be a� 1V Mute. The Developer shall construct on-site
r y rprop_'
and off-site sanitary sewers as may be necessary to service the Property, as
per EXHIBIT E-1. 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. -
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
E-1. 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.
11 . Drainage Provisions.
A. 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 D11411 Qlly "JLVLLLI �-<W2rj alto/'l1L 111.LCL'.7� W311't.h
are required to eliminate standing water or conditions of excess sogginess
7
which may, in the opinion of the Village Engineer, be detrimental to the
growth and maintenance of lawn grasses.
B. The Property has Special Flood Hazard Areas (SFHA) or floodways as
defined by the Federal Emergency Management Agency (FEMA) . Until such time
ac VRMA 'hac 15QL'ed -n j-7i�non to f-ho o�Til l�nnyc Flod i ii de 7-.b— «b� � v p si.i L,.aps a cv£�vpment
on the Property in the SFHA or floodway(s) shall conform to the floodplain
management criteria established for SFHA's and floodways by the Village's
Floodplain Ordinance.
12. Payment of Recapture Fees Owed. Any amount of recapture, including
for sanitary sewer service, required to be paid by this Property shall be due
and payable upon Village approval of the first plat of subdivision for Parcel
A.
p
. Secur>_t 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 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 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 Rigbt—of—Way Dedication. The Developer acknowledges that it is the
~t2 ati-.n �o f `he n;1� o nd t-he �- _a .�� . r .1
izi v .i- vb clva v 111VV11/�ZZ a�Z1ZL 1�p Z.11Q 1. Ql.. '7.Vl1[G Z-111tG 111 L-lIG1
future Aptakisic Road will be widened. At the request of the Village, but no
later than upon approval of the first plat of subdivision for the Property,
8
the Developer agrees to dedicate not less than 14 feet of additional
right-of-way along Aptakisic Road to achieve a right-of-way of 54 feet from
the centerline of said road.
15. Exhibits The following EXHIBITS, some of which were presented in
tactimnnv viva" by the Dev-eloper the the du � � heldduring
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 keep
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 January 29, 1991 (revised)
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan dated January 3, 1991 (revised) by
Systems Design Group Ltd. - -
EXHIBIT E, Preliminary Engineering Plan (Sheet 1 dated January 8,
E-1 1991 and Sheet 2 dated November 26 , 1990 (revised)) by
McBride Engineering, Inc.
EXHIBIT F, Letter dated January 3, 1991 from Michael Rylko, Buffalo
Grove Park District.
F-1 Westchester Estates Park Concept Plan dated January 3,
1991 by Buffalo Grove Park District
16. Annexation Fee. Developer agrees to pay an annexation fee in an
amount equal to $1,800.00 per dwelling unit which fee shall be payable
prorata at issuance of building permits. However, this fee shall be paid in
full prior to the expiration of this Agreement.
17. Building, Lands caFjL 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
9
under construction or completed shall be maintained in a neat and orderly
fashion as determined by the Village Manager.
18. Project Models and Construction Access. The Village agrees to
permit the Developer to construct and maintain one (1) model area on Parcel A
of the Property, consisting of a maximum of one (1) building 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 the model only as a project office for the
marketing of Parcel A of the Property. Such use shall be discontinued when
the project contemplated herein on Parcel A has been fully and finally
completed.
The Developer shall be allowed to use an access road from Buffalo Grove
Road for construction equipment and vehicles during the development of Parcel
A. Said access road shall be reviewed and approved by the Village Engineer.
19. Park District Donation. Developer agrees to dedicate the 3.46 acre
area labelled as "Section A2" on EXHIBITS D and E-1 to comply with the
provisions of Title 19 of the Buffalo Grove Municipal Code as amended from
time to time. Said parcel is intended for use as an active park area.
20. School District Donations. Developer agrees to comply with the
provisions of Title 19 of the Buffalo Grove Municipal Code as amended from
time to time regarding school donations. Developer agrees that it will make
contributions of cash to the Village for conveyance to School Districts #102
and #125 according to the criteria of said Title.
-21. Annexation -to the Buffalo Urove -Park 11-strict. 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.
10
22, 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 tho }soot i p,?-f-4 -E '4ic^s their zontinue..d
cooperation. The Developer 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.
23. 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 hereof shall not affect any of the provisions contained herein.
24. 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.
25. Binding Effect of Agreement. This Agreement shall be binding upon
the Property, the parties hereto, and their respective successors and
assigns.
2v. Corporate Capaci'Jes. The parties acknowledge and agree that the
individuals that are members of the group constituting the Corporate
11
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.
27. 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 Developer: -rarfk-Moi-e 1-i, President
Scarsdale Development, Ltd.
40 Skokie Boulevard, Suite 615
Northbrook, IL 60062-1601
Copy to: Christine A. Zyzda
Marks, Marks and Kaplan, Ltd.
30 N. LaSalle Street, Suite 3040
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. _
Bloche, French & Raysa
1140 Lake Street, Suite 400 -.
Oak Park, IL 60301
28. 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 to 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
evelnp—er- flip Villaaa mair hnoin nrnnc+nrlinvc to Aicrnnnnrt frnm ihP Village
any portion of the Property upon which development has not been completed or
12
at the option of the Village, to rezone such Property to the R-E 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 arne 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 Development, Ltd. , 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.
29. Special Conditions
A. The following variations to the Village, Development Ordinance are
hereby granted pursuant to EXHIBIT E-1: Section 16.50.040.C.3 - to
allow the side slope of the stormwater detention basin to be 4: 1
instead of 6:1, and Section 16.50.040.C.4 - to allow the use of
- Enkamat or an equivalent material in lieu of natural stones as a
side treatment for the stormwater retention pond.
B. The following variations to the Village 's Zoning Ordinance are
hereby granted pursuant to EXHIBIT D: Section 17.40.020.B - to
allow a rear yard setback of 35 feet instead of 40 feet for L-ots 4,
9, and 10.
C. The Developer shall construct the eight-foot wide bituminous
bikepath and bridge as depicted on EXHIBITS D and E-1.
13
D. At the request of the Village the stormwater detention area
labelled as "Section Al" on EXHIBITS D and E-1, and the park area
labelled as "Section A2" on EXHIBITS D and E-1 shall be conveyed to
the Village. It is understood and agreed that it is the Village's
intent to convey "Section A2" to the Buffalo Grove Park District
for development of an active use park. Said park shall be zoned by
the Village as a Special Use in the R-3 District for development by
the Buffalo Grove Park District in accordance with EXHIBITS F and
F-1 or other plan approved by the Village for neighborhood ball
fields or similar active uses as approved by the Village.
E. Developer shall obtain required plan approvals and permits from the
Northwest Water Commission concerning any construction within the
Commission's easement area.
F. The Developer shall reimburse the Village for reasonable attorneys'
fees, expenses, and costs incurred by the Village resulting from
a) litigation relating to the annexation, zoning, or development of
the Property but not arising from wrongful acts of the Village or
the failure of the Park District to develop Section A-2 in
accordance with the Village approved plans; or b) the enforcement
of any of the terms of this Annexation Agreement upon a default by
_ Developer. -This obligation for indemnification shall cease upon
the Village's final acceptance of the Development.
G. Developer shall construct an eight-foot wide sidewalk,
streetlights, and a 24-inch diameter watermain and provide parkway
=LTee5 diving A-ptdkis�i% Ruud at the t3-me of development ui -a-rcel A,
unless said improvements are allowed to be deferred by the Village.
14
H. Lots 3 and 4 as depicted on EXHIBIT D shall not have access to
�S
CJ
Buffalo Grove Road, and the plat of subdivision shall note said
access limitation.
IN WITNESS WHEREOF, the Corporate Authorities 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 BUFFALO GROVE
ATTEST:
7rn�tPp'� Pvnn�rat(nn R r1o�AffPrRpd PprPto And K1,4r o P P--t Nnfarf
OWNER
r
ATTEST:
test:-- G=,_ A:si t s ant Sacrctaxy
DEV OPER
15
WESTCHESTER ESTATES PHASE TWO
EXHIBIT A
PARCEL
THAT PART OF THE NORTHWEST 1/4 OF SECTION 28 , TOWNSHIP 43
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE
OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 WHICH POINT IS 165
FEET EAST OF THE NORTHWEST -CORNER THEREOF; THENCE NORTH 89
DEGREES 47 MINUTES 30 SECONDS EAST, ALONG SAID NORTH LINE,
83 . 96 FEET; THENCE SOUTH 48 DEGREES 12 MINUTES 10 SECONDS EAST,
235. 52 FEET; THENCE SOUTH 41 DEGREES 47 MINUTES 50 SECONDS
WEST, 365 . 75 FEET; THENCE SOUTH 0 DEGREES 01 MINUTES 17 SECONDS
WEST, PARALLEL WITH THE WEST LINE OF SAID SECTION, 550 FEET,
MORE OR LESS, TO THE CENTERLINE OF APTAKISIC CREEK; THENCE
NORTH 89 DEGREES 39 MINUTES 45 SECONDS WEST, 15. 85 FEET; THENCE
-NORTH 0 DEGREES 01 MINUTES 17 SECONDS EAST PARALLEL WITH SAID
WEST LINE, 973 . 71 FEET. TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS,
AND ALSO ABUTTING ROAD RIGHT OF WAY NOT HERETOFORE ANNEXED.
PARCEL A
THAT PART OF THE NORTHWEST 1/4 OF SECTION 28 , TOWNSHIP 43
NORTH, RANGE 11 , EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE NORTH LINE
OF ..SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 WHICH POINT IS 165
FEET EAST OF 'THE NORTHWEST CORNER THEREOF; THENCE SOUTH 0
DEGREES 20 MINUTES 15 SECONDS WEST, PARALLEL WITH THE WEST LINE
OF SAID SECTION, 973 . 71 FEET TO THE POINT OF BEGINNING; THENCE
SOUTH 89 DEGREES 39 MINUTES 45 SECONDS EAST, 15 . 85 FEET TO THE
CENTERLINE OF APTAKISIC CREEK; THENCE SOUTHEASTERLY 480 FEET,
MORE OR LESS, ALONG SAID CENTERLINE TO THE SOUTH LINE OF SAID
NORTHWEST 1/4 OF THE NORTHWEST 1/4 ; THENCE NORTH 89 DEGREES 43
MINUTES 05 SECONDS EAST ALONG SAID SOUTH LINE, 470 FEET, MORE
OR LESS, TO A POINT BEING 330 FEET WEST OF THE SOUTHEAST CORNER
-OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 ; THENCE SOUTH 0
DEGREES 04 MINUTES 34 SECONDS EAST, 439 . 56 FEET TO THE
NORTHEAST CORNER OF HOLUB'S FARM �SUBDIVI-SION AS SHOWN ON THE
PLAT THEREOF, RECORDED DECEMBER 23 , 1955 AS DOCUMENT 893038 ;
-THENCE SOUTH 89 DEGREES 41 MINUTES 05 SECONDS WEST ALONG THE
NORTH LINE OF SAID .SUBDIVISION, 991 . 50 FEET TO THE WEST LINE OF
SAID SECTION; THENCE NORTH 0 DEGREES 01 MINUTES 17 SECONDS
.EAST, 439.5.6 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST 1/4
OF THE NORTHWEST 1/4 ; THENCE NORTH 89 DEGREES 43 MINUTES 05
SECONDS EAST ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE
NORTHWE-I' 174 , 165 TE�E T; 'THENCE NORTH 0 DEGREES 01 MINUTES 17
SECONDS EAST PARALLEL WITH SAID WEST LINE, 353 . 41 FEET, MORE OR
LESS, TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS.
VILLAGE OF BUFFALO GROVE
ORDINANCE NO. &?/
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROVE n
THIS TDAY OF 19 7�
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook & ake Counties, Illinois,
this day of 19_j
ByLA u7,
Deputy Village. Cl rk