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1999-040 5/13/99 Aa430G.7� Filed for Record in: LAKE COUNTYf IL MARY ELLEN VANDERVENTER - RECORDER On Jul 23 1999 At 11:54an Receipt #: 182345 5vG J- Doc/Type : ORD Deputy - Cashier #1 ORDINANCE NO. 99- 40 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR THE COMMONWEALTH EDISON PROPERTY Buffalo Grove Metra North Central commuter rail facility Parking area east of 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. 2 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 - Reid, Braiman, Hendricks. Glover, Berman NAYES: 0 - None ABSENT: 1 - Marienthal PASSED: May 17,E 1299 APPROVED: May 17. 1999 APPROVED: ELLIOTT HARTSTEIN, Village President ATTEST: , Villag lerk 5/12/99 COMMONWEALTH EDISON COMPANY Metra Parking Lot Expansion Buffalo Grove Metra North Central Commuter Rail Facility Commerce Court ANNEXATION AGREEMENT This agreement (hereinafter referred to as the "Agreement") made and entered into this 171h day of May, 1999, 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 Commonwealth Edison Company, 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 1 .0318 acres legally described and identified in the Legal Description, attached hereto as EXHIBIT A and 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 1 .0318 acres to be annexed; and, WHEREAS, the Metra North Central Service commuter rail line has been serving the Village of Buffalo Grove and adjacent communities since August 1996, and the Buffalo Grove station has experienced strong demand for parking to serve commuters; and, WHEREAS, the Village and Metra have developed a plan to serve the increased demand for parking, and said plan proposes construction of an additional 206 parking spaces south of the existing parking facility (the "Expansion Parking"), as depicted on the Buffalo Grove Metra Station Parking Lot Expansion Plan dated as last revised March 30, 1999 attached hereto as EXHIBIT C, the Grading Plan dated as last revised March 30, 1999 attached hereto as EXHIBIT D, and the Utility Plan dated as last revised March 30, 1999 attached hereto as EXHIBIT E (collectively, the "Preliminary Plan"); and, WHEREAS, the proposed parking expansion area would be located on the Property owned by the Commonwealth Edison Company; and, WHEREAS, the Village intends to enter into a lease with the Commonwealth Edison Company to use the Property for said Expansion Parking (the "Parking Lease"); and, WHEREAS, development of the Expansion Parking shall be subject to the additional terms and conditions contained in the Parking Lease; and, WHEREAS, development of the Preliminary Plan as depicted on EXHIBITS C, D and E requires annexation of the Property and adjacent real property owned by the _ u1 4 Village and approval of zoning in the Industrial District and a Special Use for a commuter rail facility; and, WHEREAS, Owner has agreed to the annexation of the Property to the Village of Buffalo Grove to accommodate the Village's request for the Expansion Parking and, in consideration of such agreement, the parties intend that Owner will assume no additional obligations, liabilities or burdens in connection with this Agreement and development of the Expansion Parking; and, WHEREAS, pursuant to the provisions of Section 5/1 1-15.1-1 et. seq., of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1996) 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 its recommendations with respect to the requested zoning classification in the Industrial District and a Special Use for a commuter rail parking lot; 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 . 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 1996) 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 ValidityL The Owner has filed with the` Village Clerk of the Village a proper petition pursuant to and in accordance with the, provisions of Section 5/7-1-8 of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1996) 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 for a commuter rail parking lot, 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). 4 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 classification ("Industrial District") of the Village of Buffalo Grove Zoning Ordinance (the "Zoning Ordinance") with a Special Use for a commuter rail parking lot, which Special Use shall be subject to the restrictions further contained herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to time. Said Special Use shall be further conditioned on the development of the Property by the Village, at its sole cost and expense, in accordance with the Preliminary Plan (EXHIBITS C, D and E) and other exhibits attached hereto or incorporated by reference herein. It is understood and agreed that all existing electric and communication transmission and distribution equipment and related facilities and any replacements, modifications, upgrades, expansions, alterations or relocations thereto or thereof ("Owner's Facilities") on the Property constitute a permitted use within the Industrial District. The Village hereby stipulates and agrees that the Owner's Facilities conform with all conditions and requirements of the Zoning Ordinance applicable to the Owner's Facilities and in the event it is determined, for any reason, that the Owner's Facilities do not conform in any respect to such conditions and requirements of the Zoning Ordinance, the Village agrees that it will approve such variances and amendments as may be necessary from time to time so that Owner may construct, use, operate and maintain the Owner's Facilities for Owner's intended use. 5. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plan (EXHIBITS C, D and E) pursuant to the provisions of the Village of 5 iD Buffalo Grove Development Ordinance (the "Development Ordinance"). The Village agrees and acknowledges that the Preliminary Plan, as approved, does not require Owner to make any modifications to Owner's Facilities. 6. Compliance with Applicable Ordinances The Village agrees to develop and operate the Expansion Parking in accordance with all ordinances of the Village of Buffalo Grove as amended from time to time. The Village agrees that Owner's Facilities comply with all of the Village's ordinances, rules and regulations relating to zoning, building and subdivision of land. The Village agrees 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 discriminatorily applied to the Property but shall be equally applicable to all property similarly zoned and situated to the extent possible and the Village shall provide for such exclusions or exemptions in future ordinances, amendments, rules and regulations as may be necessary or required to permit Owner's construction, maintenance, use and operation of Owner's Facilities for their intended purpose. The Village, in the development of the Expansion Parking, shall comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as amended from time to time and the terms and conditions contained in the Parking Lease. Notwithstanding the foregoing, the Village shall not apply new ordinances or regulations to the Property to the extent that the ordinances or regulations will result in an added cost or burden to Owner or restrict the construction, maintenance, use or operation of Owner's Facilities. 7. Exhibits. The following EXHIBITS, some of which were presented in testimony given during the hearings held before the Plan Commission and the 6 g _ F 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 Legal Description EXHIBIT B Plat of Annexation dated as last revised March 2, 1999 by TFW Surveying and Mapping, Inc. EXHIBIT C Buffalo Grove Metra Station Parking Lot Expansion Plan (Geometric, Paving and Striping Plan, Sheet 3) dated as last revised March 30, 1999 by Daniel Creaney Company EXHIBIT D Grading Plan (Sheet 4) dated as last revised March 30, 1999 by Daniel Creaney Company EXHIBIT E Utility Plan (Sheet 5) dated as last revised March 30, 1999 by Daniel Creaney Company 8. Annexation to the Buffalo Grove Park District. The Owner agrees, at the request of the Buffalo Grove Park District, to annex any part or all of the subject Property to said Park District, provided that as a condition of such annexation, the Buffalo Grove Park District shall agree to be bound by all of the term and conditions to be performed and observed by the Village under this Agreement. 9. 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. Owner does hereby evidence its willingness to discuss any matters of mutual interest that may arise, and its willingness to exercise commercially reasonable efforts to cooperate with the Village in its development of the Expansion Parking, subject to the 7 terms of this Agreement and the Parking Lease. The Village does hereby evidence its intent to cooperate in the resolution of mutual problems and its willingness to facilitate the development of the Expansion Parking in accordance with the terms of this Agreement and the Parking Lease. 10. Right to Disconnect. Owner may (without any obligation to do so) elect to disconnect the Property from the limits of the Village of Buffalo Grove, and the Village agrees not to challenge or prevent such disconnection, if (i) the Village breaches, in any material respect, or fails to perform in a timely manner any of the Village's undertakings, obligations, covenants or agreements contained in this Agreement, 00 the Village does not, for any reason, develop the Expansion Parking within two (2) years from the date hereof in accordance with the Preliminary Plan, or (iii) the Parking Lease expires or is otherwise terminated. 11 . 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. 12. Term of Agreement. This Agreement is binding on all parties and the Property for a term of twenty (20) years from the date of this Agreement. 13. Binding Effect of Agreement. This Agreement is binding upon the Property, the parties hereto and their respective grantees, successors and assigns. 14. 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. 15. 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: Land Management Administrator Commonwealth Edison Company Real Estate Services Department P.O. Box 767 Chicago, IL 60690 Copy to: Counsel — Real Estate Commonwealth Edison Company Law Department P.O. Box 767 Chicago, IL 60690 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Raysa & Skelton, P.C. 1 140 Lake Street, Suite 400 Oak Park, IL 60301 9 IN WITNESS WHEREOF, the Corporate Authorities and the 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 By Elliott Hartstein, Village President ATTEST: By LAGE CLERK OWNER: Commonwealth Edison Company, an Illinois corporati By Title V I CC -7r-n;-b6lor ATTEST: By S���o Title �44,_4t,.,,4 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 10 tl 7G EXHIBIT A COMMONWEALTH EDISON PROPERTY Buffalo Grove Metra commuter rail facility, Parking lot expansion, east of Commerce Court THAT PART OF BLOCK 3, TOGETHER WITH THAT PART OF LOTS 1, 2, 3 AND 4 IN BLOCK 4, TOGETHER WITH THAT PART OF RAPHAEL AVENUE, ALL IN HORATIO GARDENS, BEING A SUBDIVISION OF THE SOUTH % OF THE NORTHEAST '/4 OF SECTION 33 AND PART OF THE NORTHWEST'/4 OF SECTION 34,TOWNSHIP 43 NORTH, RANGE 11 EAST, OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 3, 1927 AS DOCUMENT NUMBER 302090, BOUNDED AND DESCRIBED AS FOLLOWS:BEGINNING AT THE POINT OF INTERSECTION OF LOT LINE 4/5 IN BLOCK 4 IN SAID HORATIO GARDENS WITH A LINE BEING 216 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE SOUTHWESTERLY RIGHT-OF-WAY OF THE WISCONSIN CENTRAL LTD., RAILROAD, (FORMERLY THE MINNEAPOLIS ST. PAUL& SAULT ST.MARIE RAILWAY);THENCE NORTHWESTERLY ALONG SAID LAST DESCRIBED SOUTHWESTERLY LINE, 184.26 FEET TO THE WEST LINE OF SAID BLOCK 4; THENCE NORTH 00 DEGREES 07 MINUTES 23 SECONDS EAST ALONG SAID WEST LINE OF BLOCK 4,65.49 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 89 DEGREES 43 MINUTES 20 SECONDS EAST ALONG THE NORTH LINE OF SAID HORATIO GARDENS,199.72 FEET TO AN INTERSECTION WITH SAID SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE WISCONSIN CENTRAL LTD., RAILROAD (FORMERLY THE MINNEAPOLIS ST. PAUL & SAULT ST. MARIE RAILWAY); THENCE SOUTH 18 DEGREES 38 MINUTES 55 SECONDS EAST ALONG SAID LAST DESCRIBED SOUTHWESTERLY LINE, 181.49 FEET; THENCE SOUTH 71 DEGREES 21 MINUTES 05 SECONDS WEST ALONG A LINE DRAWN PERPENDICULAR TO SAID LAST DESCRIBED SOUTHWESTERLY LINE,210.00 FEET TO THE POINT OF BEGINNING,IN LAKE COUNTY, ILLINOIS. r r c�c