1995-066 7/5/95
ORDINANCE NO.95- 66
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR
WISCONSIN CENTRAL LTD., BUSCH PARKWAY/COMMERCE COURT
WHEREAS,the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of
1970; and,
WHEREAS,there has heretofore been submitted to the Corporate Authorities of the Village of Buffalo
Grove a petition to annex the property legally described in Exhibit A hereto; and,
WHEREAS,there has been submitted to the Corporate Authorities of the Village of Buffalo Grove an
Annexation Agreement; and,
WHEREAS, proper and due notice of the public hearing on said Annexation Agreement and Zoning
has been given and a public hearing was held; and,
WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to approve said
Annexation Agreement.
NOW,THEREFORE,BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE,COOK AND LAKE COUNTIES, ILLINOIS:
Section 1. The Annexation Agreement, a copy of which is attached hereto and made a part hereof as
Exhibit A is approved.
Section 2. The President and Clerk of the Village are hereby authorized to execute said Agreement
on behalf of the Village of Buffalo Grove.
Section 3. This Ordinance shall be in full force and effect from and after its passage and approval.
This Ordinance shall not be codified.
AYES: 5 — Marienthal, Rubin, Braiman, Glover, President Mathias
NAYES: 0 — None ABSENT: 2 — Reid, Hendricks
PASSED: July 10 1995 APPROVED: July 10, 1995 —....,—._.®
ATTEST: APPROV -
Villag erk SIDNEY H. HIAS,Village President
Wisconsin Central Property
That part of the South 1/2 of Section 27,Township 43 North,Range 11 East of the Third Principal
Meridian, described as follows: Commencing at the Northeast comer of Lot 49 in the Covington
Corporate Center 2 Subdivision, according to the plat thereof, recorded October 30, 1987, as
Document No. 2627143; said point also being a point on the Westerly line of the Wisconsin Central
Limited Railroad right-of-way; thence S 18' 38' 55" E, 360.00 feet to the point of beginning,
thence continuing along the Wisconsin Central Limited Railroad right-of-way S 18° 38' 55" E,
670.00 feet, thence N 710 21' 05"E, 40.00 feet, thence N 18° 38' 55" W, 670.00 feet, thence
S 71° 2 V 05" W, 40.00 feet to the point of beginning, all in Lake County,Illinois.
Parcel contains 26,800 sq. 8., more or less.
n ,
6/29/95
WISCONSIN CENTRAL LTD .,
An Illinois Corporation
Busch Parkway/Commerce Court adjoining
Metra Commuter Train Station
Annexation A rgement
This agreement (hereinafter referred to as the "Agreement") made and entered into
this 10th day of July, 1995, 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
Wisconsin Centra! Ltd., An Illinois Corporation (hereinafter referred to as "Owner").
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 0.615 acres legally described and identified in the Legal
Description, which is attached hereto as EXHIBIT A, which exhibit is made a part hereof
and which real estate is contiguous to the corporate limits of the Village; and,
WHEREAS, a Plat of Annexation is attached hereto as EXHIBIT B, which depicts
a total area of 0.615 acres to be annexed; and,
`J1 HEREAS, the establishment of commuter rail service on the Wisconsin Central
Railroad line has been identified as an important regional transportation goal by Metra, the
Village of Buffalo Grove and other communities in Lake County to reduce automobile traffic
congestion and related air pollution and to provide regional economic benefits by having
improved access to jobs and linkage to other modes of transportation by means of safe
and efficient rail service; and,
1
WHEREAS, the Village has developed plans with Metra and the Commonwealth
Edison Company to construct a commuter train station and parking areas to accommodate
commuter rail service on the Wisconsin Central Ltd., An Illinois Corporation; and,
WHEREAS, a platform, shelter, sidewalks, bike storage, utilities, light standards
and electrical cabinets, parking spaces and a portion of the train station needed to service
rail commuters will be located on the Property as depicted on the Site Plan (Sheet C-2)
dated October 31, 1994 by Gewalt-Hamilton attached hereto as EXHIBIT C; and,
WHEREAS, the Village will have responsibilities concerning maintenance and
service of said commuter rail facility, and annexation of the Property will give the Village
the proper authority to provide said maintenance and service; and,
WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et. seq., of the Illinois
Municipal Code ( Chapter 65, Illinois Compiled Statutes 1992) 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 the Industrial District with a Special Use for railroad
right-of-way and commuter rail facilities; 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.
2
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 5/11-15.1-1 et. seq., of the Illinois Municipal Code (Chapter 65,
Illinois Compiled Statutes 1992) and as the same may have been modified by the Village's
Home Rule powers. The preceding whereas clauses are hereby made a part of this
Agreement.
2. Agreement: Compliance and Validity. The Owner has filed with the Village
Clerk of the Village a proper petition pursuant to and in accordance with provisions of
Section 5/7-1-8 of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1992)
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 with a Special Use, all as
contemplated in this Agreement.
3. Enactment of Annexation Ordinance. The Corporate Authorities within
twenty-one (21) days of the execution of this Agreement by the Village will enact a valid
and binding ordinance (hereinafter referred to as the "Annexation 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). Recording shall take place no more than thirty (30) days after enactment of Annexation
Ordinance.
3
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 District with a Special Use
subject to the restrictions further contained herein and all applicable ordinances of the
Village of Buffalo Grove as amended from time to time. Said zoning shall be further
conditioned on the development of the Property in accordance with the Site Plan (EXHIBIT
C) and other exhibits attached hereto or incorporated by reference herein.
5. 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 and requires their
continued cooperation. The Owner does hereby evidence its willingness to discuss any
matters of mutual interest that may arise, and its 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.
6 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.
7 Term of Agreement. This Agreement will be binding on all parties and the
Property 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.
4
8. Binding Effect of Agreement. This Agreement shall be binding upon the
Property, the parties hereto and their respective successors and assigns.
9 . Corporate Capacities. The parties acknowledge and agree that the
individuals that are members of the group constituting the Corporate Authorities are
entering into this Agreement in their official capacities as members of such group and shall
have no personal liability in their individual capacities.
10 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: Eugene Timm
Director of Real Estate
Wisconsin Central, Ltd.
P. O. Box 5062
Rosemont, IL 60017-5062
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to.. William G. Raysa, Esq.
Raysa & Skelton
1140 Lake Street, Suite 400
Oak Park, IL 60301
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 F
B
5
ATTEST:
By
WO,I�l
OWNER:
By -
ATTEST:
By
6
EXHIBIT A
Wisconsin Central Property
That part of the South 1/2 of Section 27, Township 43 North, Range 11 East of the Third Principal
Meridian, described as follows: Commencing at the Northeast comer of Lot 49 in the Covington
Corporate Center 2 Subdivision, according to the plat thereof, recorded October 30, 1987, as
Document No. 2627143; said point also being a point on the Westerly line of the Wisconsin Central
Limited Railroad right-of-way; thence S 18° 38' 55" E, 360.00 feet to the point of beginning,
thence continuing along the Wisconsin Central Limited Railroad right-of-way S 18° 38' 55" E,
670.00 feet, thence N 71" 21' 05" E, 40.00 feet, thence N 18° 38' 55" W, 670.00 feet, thence
S 71° 21' 05" W, 40.00 feet to the point of beginning, all in Lake County,Illinois.
Parcel contains 26,800 sq. ft., more or less.
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That part of the South In of Section 27,Township 43 North,Range I 1 East of the Third Principal
Meridian,described as follows: Cotnrneacing at the Northeast comer of Lot 49 in the Covington
Corporate Center 2 Subdivision,according to the plat thereof,recorded October 30, 1987, as
Document No.2627143,said point also being a point on the Westerly line of the Wisconsin Central
Limited Railroad right-of-way; thence S I8'38' 55"E, 360.00 feet to the point of beginning.
thence continuing along the Wisconsin Central Limited Railroad right-of-way S 18' 38' 55"F— ke�
670.00 feet. thence N-71' 21' 05"E, 40.00 feet. thence N 18' 3r 55"W, 670.00 feet, thence
S 71.21' 05"W, 40.00 feet to the point of beginning,all in Lake County,Illinois.
Prepared by: 37 9a-5.
50
The Village Engineer
VILLAGE OF BUFFALO PROVE
Richard K. Kuenkler, P.
VILLAGE OF BUFFALO GROVE
ORDINANCE NO. ✓ 4/1
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GRO
THIS ��DAY OF 19�
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook & Lake Counties, I11' is, _
......... .....
this /� day of 19 .
Village C1 rk
By
Deputy Village Clerk