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1988-014 n m ORDINANCE NO. 88- 94 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT Willow Stream Park Expansion - Seifert West 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 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 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: 5 - Glover, Shields, Kowalski, Shifrin, Marienthal NAYES: 0 - None ABSENT: 1 - Reid PASSED: February 22, 1988 APPROVED: February 22, 1988 cc APPROVED: VERNA L. CLAYTON, Village Pr sident ATTEST: ✓�� /�/ ✓J Village Gllerk r' ' 2/22/88 ANNEXATION AGREEMENT (Willow Stream Park Expansion - Seifert West) 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 Applicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . ..4 8. Build,ing Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 9. Water Provision. .. . . . . . . .. .. . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . .5 10. Storm and SanitarX Sewer Provisions. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .6 11. Draina a Provisions. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12. Securit for Public and Private Site Improvements. .. . . .. . . . . . . . . . . .7 13. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 14. Buildin s, 'Landscaping and Aesthetics Plans. . . . . . . . . . . .. . . . . . . . . . . .8 15. Right of Wa Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . .8 16. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .8 17. Enforceabilit of the Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .9 . Term of Agreement .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . „ . „ . .9 19. Bindin Effect of A reement. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .9 20. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 21. Notices. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 22. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .10 23. S ecial Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2/22/88 ANNEXATION AGREEMENT (Willow Stream Park Expansion - Seifert West) This agreement (hereinafter referred to as the "Agreement") made and entered into this 22nd day of February , 1988, 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 THE BUFFALO GROVE PARK DISTRICT (hereinafter re- ferred to as "Owner") . W I T N E S S E T H: WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and, WHEREAS, Owner is the owner of a certain tract of property (hereinafter referred to as the "Property")comprising 29.8 acres legally described and iden- tified in EXHIBIT A, which exhibit is made a part hereof and which real estate is contiguous to the corporate limits of the Village; and, WHEREAS, Owner desires and proposes pursuant to the provisions and regu- lations applicable to the R-4 (One-Family Dwelling) District of the Village Zoning Ordinance, with Special Use authorization for public park facilities, to develop property in accordance with and pursuant to a certain Preliminary Devel- opment Plan prepared by Lindley and Sons, Inc. and dated as last revised January 22, 1988, and also Preliminary Engineering Plan prepared by Lindley and Sons, Inc. and dated as last revised January 22, 1988, (hereinafter jointly referred to as the "Preliminary Development Plan") , a copy of which Preliminary Development Plan is attached hereto as EXHIBIT D and EXHIBIT E and incorporated herein, and subject to all other exhibits attached hereto or incorporated by reference herein; and, 1 WHEREAS, pursuant to the provisions of Section 11-15. 1-1 et. seq. , of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1985) and as the same may have been modified by the Village's Home Rule Powers, a proposed Annexation Agreement, was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by Statute; and, WHEREAS, pursuant to due notice and advertisement, the Plan Commission of the Village has held a public hearing and made their recommendations with respect to the requested zoning classification of R-4, with a Special Use for public park facilities; and, WHEREAS, the President and Board of Trustees after due and careful consid- eration have concluded that the annexation of the Property to the Village and its zoning and development on the terms and conditions herein set forth would further enable the Village to control the development of the area and would serve the best interests of the Village. NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements herein set forth, the parties hereto agree as follows: 1. Applicable Law. This Agreement is made pursuant to and in accordance with the provisions of Section 11-15.1-1 et. seq. , of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1985) 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: Com liance 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 1985) and as the same may have been modified by the Village's Home Rule powers, conditioned on the execution of this Agreement and the compli- ance with the terms and provisions contained herein, to annex Property to the 2 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-4 District, with a Special Use au- thorization for public park facilities, 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 Zonin 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-4 (One-Family Dwelling) District with a Special Use subject to the restrictions further con- tained 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 a Preliminary Development Plan (EXHIBIT D), and the Preliminary Engineering Plan (EXHIBIT E) . 5. Approval of Plats. The Corporate Authorities hereby approve a Prelimi- nary Development Plan (EXHIBIT D and E) pursuant to the provisions of the Devel- opment Ordinance and in addition agree to approve a Final Plan of Development or plats or phases of the development of Property upon submission by the Owner of complete and proper materials as required for the issuance of appropriate build- ing and other permits based on final versions of the plans and drawings of the 3 development of Property as submitted by the Owner provided that the plat or plats shall: (a) conform to the Preliminary Development Plan, (EXHIBITS D and E) 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 the final subdivision plat or plats that will hereinafter be submitted by the Owner shall conform to the phases of the development as shown on the Preliminary Development Plan. 6. Com fiance with Applicable Ordinances. The Owner 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. Owner, in the development of the Property shall comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as amended from time to time. 7. Amendment of Plan. If the Owner desires to make changes in the Prelim- inary Development Plan, as herein approved, the parties agree that such changes in the Preliminary Development Plan will require, if the Village so determines, the submission of amended plats or plans, together with proper supporting docu- mentation, 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 Development Plan. The 4 Village Manager is hereby authorized to approve such minor changes as he deems appropriate. 8. B ilding Permit Fees. The building permit fees may be increased from time to time so long as said permit fees are applied consistently to all other developments in the Village to the extent possible. In the event a conflict arises between the Owner and the Village on any engineering and technical matters subject to this Agreement, the Village reserves the right to pass along any and all additional expenses incurred by the use of consultants in the review and inspection of the development from time to time. Owner shall pay any non-discriminatory new or additional fees hereinafter charged by the Village to Owner or property within the Village. 9. Water Provision. The Owner shall be permitted and agrees to tap on to the Village water system at points recommended by the Village Engineer which points to the extent shown on EXHIBIT E are hereby approved by the Village, however, it is understood that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. The Owner further agrees to pay to the Village such fees in accordance with the applicable Village Ordinances at the time of the issuance of the water and sewer permits. The Owner agrees to accept any increase in water rates and tap on fees provided such rates and fees apply consistently to all other similar users in the Village to the extent possible. Following such tap on, the Village agrees to provide to the best of its ability and in a non-discriminatory manner water service to all users on the Property in accordance with the Preliminary Development Plan. Watermains serving the Proper- ty and those approved as part of the development shall be installed by the Owner and, except for service connections to the buildings shall, upon installation and acceptance by the Village through formal acceptance action by the Corporate 5 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 Owner and to use their best efforts to aid Owner in obtaining such permits from governmental agencies having jurisdiction as may be necessary to authorize connection from the proposed development to the Lake County Public Works Department for the col- lection of sewage. The Owner shall construct on-site and off-site sanitary sewers as may be necessary to service the Property, as per EXHIBIT E, however, it is understood 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 Owner agrees to accept any increase in sewer rates and tap on fees, provided that such fees and rates are applied consistently to all similar users in the Village to the extent possible. ` B. The Owner shall also construct on the Property in question any storm sewers which may be necessary to service the Property, as per EXHIBIT E, however, it is understood that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain that portion of the storm sewer system which serves public streets, or multiple properties, and the Owner agrees to operate and maintain that portion of the 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. 6 11. Drainage Provisions. A. The Owner shall fully comply with any request of the Village Engineer related to the placement of buildings on lots, to pre- serve drainage standards. The Owner 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. B. The Property has Special Flood Hazard Areas (SFHA) or floodways as defined by the Federal Emergency Management Agency (FEMA) . Until such time as FEMA has issued a change to the Village's floodplain maps all development 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 Ordi- nance. 12. Security for Public and Private Site Improvements. 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 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. 13. Exhibits. The following EXHIBITS, some of which were presented in testimony given by the Owner or the witnesses during the hearing 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 7 ldesignated as shown below. This Agreement, upon execution by the parties, together with copies of all EXHIBITS, shall be kept on file with the Village Clerk and be available for inspection to the parties hereto. EXHIBIT A Legal Description EXHIBIT B Plat of Annexation EXHIBIT C Development Improvement Agreement EXHIBIT D Preliminary Development Plan - Title Sheet; Dimension D-1,D-2 Plan (North and South) by Lindley and Sons, dated January 22, 1988 (revised) EXHIBIT E,E-1, Preliminary Engineering Plan - Utilities Plan (North and E-2,E-3,E-4, South) ; Irrigation Plan; Grading Plan (North and South) ; E-5,E-6,E-7 Engineering Details Sheets; Sled Hill Profiles by Lindley and Sons, Inc, dated January 22, 1988 (revised) EXHIBIT F Site Engineering memo dated November 23, 1987 by Lindley and Sons, Inc. 14. Building, Landscaping and Aesthetics Plans. Owner will submit building and landscaping plans (which landscaping plans shall conform to the requirements of Village Ordinances) for approval by the Appearance Commission and the Corpo- rate Authorities before commencing construction of buildings. Phases not under construction or completed shall be maintained in a neat and orderly fashion as determined by the Village Manager. 15. Right of Way Dedication. The Owner acknowledges that it is the inten- tion of the Village and other involved agencies that at some time in the future Checker Road will be widened. At the request of the Village, but not later than upon approval of the Final Plat of Subdivision, the Owner agrees to dedicate such additional right-of-way along Checker Road as may be required to permit the widening from 33 feet to 40 feet from the center line. 16. 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 8 the parties requires their continued cooperation. The Owner does hereby evidence his intention to fully comply with all Village requirements, his willingness to discuss any matters of mutual interest that may arise, and his willingness to assist the Village to the fullest extent possible. The Village does hereby evidence its intent to always cooperate in the resolution of mutual problems and its willingness to facilitate the development of the Property, as contemplated by the provisions of this Agreement. 17. Enforceability of the Areement. 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. 18. 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. 19. Binding Effect of A reement. This Agreement shall be binding upon the parties hereto, and the Property, their respective successors and assigns. 20. 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. 21. 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. 9 If to Owner: Michael Rylko, Director Buffalo Grove Park District 530 Bernard Drive Buffalo Grove, IL 60089 Copy to: John Sullivan Stachlin, Jantorni & Sullivan 55 East Jackson Boulevard Suite 2125 Chicago, IL 60604 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 22. Default. In the event Owner defaults, in his performance of his obligations set forth in this Agreement, then the Village, may, upon notice to Owner allow Owner sixty (60) days to cure default or provide evidence to the Village that such default will be cured in a timely manner if it cannot be cured during said period. If Owner fails to cure such default or provide such evidence as provided above, then, with notice to Owner, the Village may begin proceedings to disconnect from the Village any portion of the Property upon which development has not been completed or at the option of the Village, to rezone such Property to the R-E District zoning classification. In such event, this Agreement shall be considered to be the petition of the Owner to disconnect such portion of the Property, or at the option of the Village to rezone such Property to the R-E District zoning classification. 23. Special Conditions. A. The following variations to the Village's Development Ordinance are hereby granted: Section 16.50.030.D.3.a. (to construct a storm sewer serving the south parking area of less capacity than required by ordinance, provided that the parking lot curb is designed to allow overland flow of water to the designated detention area.) 10 Section 16.50.080.A. 1. (to not construct a sidewalk along Checker Road provided that the bike path shown in the plans is provided adjacent to Checker Road.) Section 16.50. 120.A. (to not provide parkway trees along Checker Road providing an equivalent number of trees are provided along the bike path.) Section 16.50. 130.B.2. to not meet the minimum slope requirements for land grading in the north wetlands area; minimum slope requirements are to be met elsewhere in the project. B. Owner shall provide two street lights along the south side of Checker Road, in locations approved by the Village Engineer. C. Lighting on the Property for security and the sledding hill shall be permitted as approved by the Village. Lighting of playing fields is prohibited unless reviewed and approved by the Village. 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. VILLAGE OF BUFFALO GROVE VERNA L. CLAYTON, Village President ATTEST: Village Clerk OWNER MICHAEL RYLKO, Director Buffalo Grove Park District ATTEST: 11 EXHIBIT A WILLOW STREAM PARK EXPANSION - SEIFERT WEST LEGAL DESCRIPTION That part. of the Southeast Quarter of Section 32, Township 43 North, Range 11, East of the Third Principal Meridian, described as follows: Beginning at the Northwest corner of said Southeast Quarter; thence Easterly along the North line of the Southeast Quarter, 1384.93 feet to an intersection with the Westerly line of the 20.00 feet wide easement for sanitary sewer as per instrument recorded as Document No. 2190498; thence Southerly along said last described Westerly line and said Westerly line extended Southerly, 1088.56 feet to an intersection with the center line of Checker Road; thence Northwesterly along said center line of Checker Road, 1560.35 feet to an intersection with the West line cf said Southeast Quarter; thence Northerly along said last described line, 725.06 feet to the place of beginning, In Lake County,111inois.