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2004-040 ORDINANCE NO. 2004- 4 0 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR WISCONSIN CENTRAL EAST PLATFORM AREA BUFFALO GROVE METRA COMMUTER RAIL FACILITY COMMERCE COURTIDEERFIELD PARKWAY 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 have been given and the 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 13UFFALO GROVE, COOK AND LAKE COUNTIES,ILLINOIS that: 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. This Ordinance 3. This Ordinance shall be in full force and effect from and after its passage and approval. dinance shall not be codified. AYES: 6 — Braiman, Glover Berman Johnson, Kahn, Trilling NAYES: 0 — None ABSENT:_..... _0 — None PASSED: April_ 12 _ 2004. APPROVED: April 12 — 2004. ATTEST: APPROVED: VillagLfArk Village President f t ANNEXATION AGREEMENT WISCONSIN CENTRAL LTD., An Illinois Corporation Metra Platform Parcel This agreement (hereinafter referred to as the "Agreement") made and entered into this day of r , 2004, 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"). WITNESSETH: WHEREAS, the Village is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and WHEREAS, the Owner is the owner a certain tract of property (variously hereinafter referred to as the "Metra Platform Parcel" or the "Property") comprising 1.0606 acres which is legally described in EXHIBIT A attached hereto which exhibit is made a part hereof and which real estate is contiguous to the corporate limits of the Village; and WHEREAS, an accurate map of the Property to be annexed is attached hereto as EXHIBIT B; and WHEREAS, Metra has established a single track commuter rail service on the Wisconsin Central line which has been previously 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 WHEREAS, the Owner will derive no benefit from the second track to be added to its line and the new train platform described in EXHIBIT C (attached hereto). Consistent therewith, for the duration of this agreement, should any special taxes or assessments be levied against the -1- Property because of the additional use associated with the development of the Property, the Village agrees to pay all such special taxes or assessments levied against the Property for which Metra is not responsible pursuant to Metra's obligations under the Master Agreement for the Construction of Fixed Facilities and all amendments thereto (hereinafter "Fixed Facilities Agreement"), attached hereto as EXHIBIT D; and WHEREAS, Metra is proceeding to add a second track on the Wisconsin Central line to further implement the goal of regional transportation and in conjunction therewith is adding a second train passenger platform located east of the existing train station and platform at Commerce Court and Deerfield Parkway; and WHEREAS,the Village will have any remaining responsibilities concerning maintenance and service of said commuter train passenger platform for which Metra is not responsible pursuant to Metra's obligations under the Fixed Facilities Agreement; and WHEREAS, the Village will supply police and fire protection to the subject Property; and WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et seq., of the Illinois Municipal Code (65 ILCS 5/11-15.1-1 et seq.) 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 Corporate Authorities have held a public hearing with respect to the requested zoning classification in the Industrial District with a Special Use for railroad right-of-way and commuter train passenger platform; and WHEREAS, the Corporate Authorities have made the following findings of fact and determinations regarding said Special Use: 1. The use of the Property will be to serve the general public in the provision of mass transit rail services in furtherance of broader regional transportation goals and objectives; and 2. The location and the daily use of the Property in relation to surrounding uses will be compatible with those uses. Areas adjacent to the Property have been used since 1995 for similar mass transit purposes, which further demonstrates that use of the Property will remain in harmony with adjacent property uses; and -2- a « 3. Based on adjacent property operating experience as well as the planned expansion of mass transit applicable to rail,use of the Property as a commuter platform will not be injurious or harmful to other property in the immediate vicinity to said Property nor shall the development and use diminish or impair neighboring property valuations; and 4.The proposed buildings and structures for transit oriented purposes on the Property will not impede, hinder or discourage the development and use of adjacent land or buildings in accordance with current zoning district regulations; and 5. Any and all utilities or public services necessary for the Property shall be provided by the Village as a result of this proposed annexation; 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 (65 ILCS 5/11-15.1-1 et seq.) 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 the provisions of Section 5/7-1-8 of the Illinois Municipal Code (65 ILCS 5/7-1-8) 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 an ordinance (hereinafter referred to as the "Annexation Ordinance") annexing the Property to the Village. Said Annexation Ordinances shall be recorded with the Lake County Recorder's Office along -3- with the Plat of Annexation (attached hereto as EXHIBIT B). Recording shall take place no more than thirty(30) days after enactment of the Annexation Ordinance. 4. Enactment of Zoning Ordinance. Within twenty-one (21) days after the passage of the Annexation Ordinances, the Corporate Authorities shall adopt a proper, valid and binding ordinance, zoning the Property in the Industrial District with a Special Use for railroad right of way subject to the restrictions further contained herein and all applicable ordinances of the Village as amended from time to time. Said zoning shall be further conditioned on the development of the Metra Platform Parcel in accordance with the site plan identified as Metra North Central Service Expansion — Platform Plan Buffalo Grove, which is attached hereto and made a part hereof as EXHIBIT C. 5. Facilitation of Develo pment. 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 is 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 provision 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: Richard N. McFadyen Director of Real Estate Wisconsin Central, Ltd. 17641 South Ashland Avenue Homewood, IL 60430 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 -5- Copy to: William G. Raysa, Esq. Raysa &Zimmermann, Ltd. 22 South Washington Avenue Park Ridge, IL 60068 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: ATTEST: L WISCO CE RAL, LTD. ATTEST: By: am" (1--0 • This document prepared by: William G. Raysa, Esq. Raysa&Zimmermann, Ltd. 22 South Washington Avenue Park Ridge, IL 60068 After recording mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 FABuffalo GrovcMisconsin CenttrahMetra Platform AA 3/15/04A.doc -6- Exhibit"A" METRA PLATFORM PARCEL 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 corner 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 Ltd. railroad right-of-way; thence S 18' 38' 55" E, 360.00 feet; thence N 71° 21' 05" E, 40.00 feet to the point of beginning; thence continuing N 710 21' 05" E, 60.00 feet to the Easterly line of the Wisconsin Central Ltd. railroad right-of- way; thence along the Easterly line of the Wisconsin Central Ltd. railroad right-of-way S 180 38' 55" E, 770.00 feet; thence S 71' 21' 05" W, 60.00 feet; thence N 18' 38' 55" W, 770.00 feet to the point of beginning, all in Lake County, Illinois. PIN: 15-27-300-023 (part)