1995-107 112/95 37731 c��
ORDINANCE NO. 95- 107
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT AMENDMENT 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
amendment dated November 6, 1995 to the Annexation Agreement dated July 10, 1995 approved by
Ordinance 95-66,and said amendment provides for the annexation of said Property;and,
WHEREAS,proper and due notice of the public hearing on said Annexation Agreement amendment
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 amended 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 - Marienth'aal _ Rid aiman. Glover President Mathias
NAYES: 0 - None r
�;.-�`~- ABSENT: 2 - Rubin Hendricks
PASSED: Nove r 6f995 APPROVED: November 6, 1995
ATTEST: �
APPROVED:
Village Clerk' 1�; �4 , �' ' SIDNEY H. MA i l e P S, lagresi nt
Ap
1
11/2/95
AMENDMENT TO THE WISCONSIN CENTRAL LTD .,
ANNEXATION AGREEMENT
Busch Parkway/Commerce Court adjoining
Metra Commuter Train Station
This agreement (hereinafter referred to as the "Agreement") made and entered into
this 6th day of November, 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 Central Ltd., An Illinois Corporation (hereinafter referred to as "Owner").
WHEREAS, Owner is the owner of a certain tract of property (hereinafter referred
to as the "Property") comprising 4,000 square feet (0.0918 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 4,000 square feet (0.0918) acres to be annexed; and,
WHEREAS, the Property is contiguous to real property owned by the Owner
previously annexed to the Village by Ordinance 95 - 67 subject to the provisions of the
Annexation Agreement dated July 10, 1995; and,
WHEREAS, the Village has determined that the Property is within the area planned
by the Village and 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., Property; and,
1
o.
WHEREAS, a bike storage unit and parking spaces to serve 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 as EXHIBIT C to the Annexation Agreement dated July 10,
1995; 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, the Owner has filed with the Village Clerk a proper petition pursuant to
and in accordance with provisions of Section 5/7-1-8 et seq. of the Illinois Municipal Code
(Chapter 65, Illinois Compiled Statutes 1994) and as the same may have been modified
by the Village's Home Rule powers, conditioned on the execution of this Agreement and
compliance with the terms and provisions contained herein, to annex the Property to the
Village; 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, THEREFORE, in consideration of the premises, mutual covenants and
agreements herein set forth, the parties hereto agree as follows:
1. The preceding whereas clauses are incorporated herein.
2. The provisions of the Wisconsin Central Annexation Agreement dated July
10, 1995 approved by Ordinance 95 - 66 and recorded at the Lake County,
Illinois Recorder's Office as Document Number 3700858 apply to this
2
Property and remain in full force and effect unless specifically modified by
this amendment to said Annexation Agreement.
3. 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.
4. The Corporate Authorities within twenty-one (21) days after the passage of
the Annexation Ordinance, 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 to the Annexation
Agreement dated July 10, 1995 or incorporated by reference herein.
5. It is understood and agreed that the Village shall be responsible for any real
estate taxes incurred because of improvements on the Property by the
Village. The Village reserves the right to apply for a real estate tax
exemption on said improvements.
3
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 B F O GR
By
ATTEST:
By Q &
OWNER: WISCONSIN CENTRAL LTD.
By -
ATTEST:
ti
By
4
EXHIBIT A
WISCONSIN CENTRAL RAILROAD
AMENDMENT TO ANNEXATION AGREEMENT
That Part of the South 1/2 of Section 27, Township 43 North, Range
11 East of the Third Principal Meridian, described as follows:
Coaoaencing at the Northeast corner of Lot 49 in the Covington
Corporate Center 2 Subdivision, according to the plat thereof.
recorded October 30. 1987. as DOcU=nt No. 26271431 said
point also
being a Point on the westerly line of the Wisconsin Central Limited
Railroad right-of-way; thence 3 18' 38' 55' E. 1030.00 feet to the
Point of beginning, thence continuing along the wisconsin Central
Limited Railroad right-of-way 3 18' 38' S5' E. 100.00 feet, thence
N 71' 21, 05' E. 40.00 feet, thence N 18' 38' 55' W. 100.00 feet.
thence S 71' 21' 05' W, 40.00 feet to the point of beginning, all
in Lake County, Illinois.
Parcel contains 4.000 sq. ft. more or less.
SUBJECT PROPERTY COMMON DESCRIPTION: The approximateiy 4,000 square-foot area adjoining
the southeast corner of Lot 49 in Covington Corporate Center Unit Z Subdivision on the east side of
Commerce Court.
WISCONSIN CENTRAL RAILROAD
Metra Commuter Site (Additional Annexation)
Annexation Agreement
Location Map
1051
1015
1001
79 ; 851/855 8E
69 �` c )
63
Annexation Area
Original Annexation Area (Ordinance 95-67)
Metra Station and Park & Ride Site
yVAT1 CO-7
Now
,�4 �����°��4•.tl T x`AYE � EXHIBIT B
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That part of the South 1/2 of Section 27, Township 43 North, Range 39
11 East of the Third Principal Meridian, described as follows:
Commencing at the Northeast corner of Lot 49 in the Covington
Corporate Center 2 Subdivision, according to the plat thereof, a�
recorded October 30, 1987, as Document No. 2627143; said point also
being a point on the Westerly line of the Wisconsin '.antral Limited
Railroad right-of-way; thence S 18' 38' 55• E, 1030.00 feet to the
point of beginning, thence continuing along the Wisconsin Central
Limited Railroad right-of-way S 18. 38' 55" E, 100.00 feet, thence 012
N 71' 21' 05" E, 40.00 feet, thence N 18' 38' 55" W, 100.00 feet, �p
thence S 71' 21' 05' W, 40.00 feet to the point of beginning, all '. 37
in Lake County, Illinois. A
P,
Prepared by:
:• 37030
The Village Engineer Q: !'_ _
VILLAGE OF BUFFALO G$OV FR[G'=r',CPED
ENu" :Z •�:�rt: Al y
OF ` G
Ri hard K. Kuenkler, P. :+� .�` '�
• t's � v r I