1991-013 2/1/91
ORDINANCE 91- 13
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT
ABBOTT BUSINESS CENTER
(Abbott Contractors/Illinois Bell)
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: 6 - Marienthal Reid Shifrin Mathias O'Malley, Kahn
NAYES: 0 - None
ABSENT: 0 - None
PASSED: February 4 1991
APPROVED: February 4 1991
APPROVE .
VERNA L. CLAYTON, Village Presid int
ATTEST: iCi;'u �,l'711i1!s,%` �:•�,'!
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2/4/91*
ABBOTT BUSINESS CENTER
ABBOTT CONTRACTORS
ANNEXATION AGREEMENT
TABLE OF CONTENTS
1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
2. Agreement: Com liance and Validity. . . . . . . . . . . . . . . . . . . . . . . . . . .3
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . .3
4. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
5. Approval of Plats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
6. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . .4
7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
8. Building, Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
10. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . .6
11. Draina e Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
12. Owner Recapture of Utility Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . .7
13. Pa' ment of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
14. Security for Public and Private Site Im rovements. . . . . . . . . . . .8
15. Right of Way Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
16. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
17. Building Landscaping and Aesthetics Plans. . . . . . . . . . . . . . . . . . .9
18. Declaration of Covenants, Conditions, and Restrictions. . . . . . .9
19. Facilitation of Develo went. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
20, LEnfrorceability of the Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
21. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
22. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
23. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
24. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
25. Default. . . . . . . . . . . . . . . . . . . . . . . . .11
26. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
27. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
28. Loop Road S stem. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
3009253
.3 '
ABBOTT BUSINESS CENTER
(ABBOTT/IILLINOIS BELL TELEPHONE)
ANNEXATION AGREEMENT
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3009253
2/4/91*
ABBOTT BUSINESS CENTER
ABBOTT CONTRACTORS
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and
entered into this 4th day of February, 1991, 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 HARRIS TRUST AND SAVINGS
BANK, as Trustee under a Trust Agreement dated March 20, 1989 and known as
87d ??of TndTVTdJg1?V
Trust No. 94393n(hereinafter referred to as "Owner") and ABBOTT CONTRACTORS,
INC., an Illinois corporation (hereinafter referred to as "Developer") .
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 comprising
16.0 acres legally described and identified 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, a Plat of Annexation, including street right-of-way adjacent to
the Owner's property, is attached hereto as EXHIBIT B, which depicts a total
area of 16.0 acres to be annexed and is legally described in EXHIBIT B and is
hereinafter referred to as the "Property"; and,
WHEREAS, Developer desires and proposes pursuant to the provisions and
regulations applicable to the I (Industrial) District of the Village Zoning
Ordinance to develop the Property in accordance with and pursuant to a
certain Preliminary Plan, including a Preliminary Engineering Plan, prepared
3009253
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by Spaceco, Inc. and dated as last revised December 19, 1990, a copy of which
Preliminary Plan is attached hereto as EXHIBIT D and incorporated herein, and
subject to all other exhibits attached hereto or incorporated by reference
herein. Said development of the Property shall consist of an industrial
subdivision as depicted on EXHIBIT D, including an Illinois Bell Telephone
Company maintenance and garage facility with an outside storage area. It is
understood and agreed that all site plans proposed for the Property are
subject to Village approval; and
WHEREAS, pursuant to the provision of Section 11-15. 1-1, et. seq. , of the
Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1989) 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, a
Special Use authorization for an outside storage area, and variations of the
Village Zoning Ordinance and Development Ordinance; 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 11-15. 1-1 et. seq. , of the Illinois
Municipal Code (Chapter 24, Illinois Revised Statutes 1989) and as the same
2
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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 7-1-8 of the Illinois Municipal Code (Chapter 24,
Illinois Revised Statutes 1989) and as the same may have been modified by the
Village's Home Rule powers, 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, 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) .
Recordation shall take place no more than thirty (30) days after enactment of
Annexation Ordinance.
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 authorization for an outside storage
area to serve the Illinois Bell Telephone Company maintenance and garage
facility proposed for Lot 5 as depicted on EXHIBIT D subject to the
restrictions further contained herein and all applicable ordinances of the
3 3009253
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 Plan prepared by Spaceco, Inc. and dated December 19, 1990
(EXHIBIT D) . It is understood and agreed that all site plans for development
of the Property are subject to Village approval.
5. Approval of Plats. The Corporate Authorities hereby approve a
Preliminary Plan (EXHIBIT D) pursuant to the provisions of the Development
Ordinance and in addition agree to approve a Final Plan of Development or
plats or phases of the development of the Property upon submission by the
Developer of complete and proper materials as required for the issuance of
appropriate building and other permits based on final versions of the plans
and drawings of the development of the Property as submitted by the Developer
provided that the plat or plats shall:
(a) conform to the Preliminary Plan (EXHIBIT D) ; 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.
6. Compliance with Applicable Ordinances. The Developer 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 discriminatorily applied to the Property but shall be equally
applicable to all property similarly zoned and situated to the extent
possible. Developer, 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.
00925 3
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7. Amendment of Plan. If the Developer desires to make changes in the
Preliminary Plan, as herein approved, the parties agree that such changes in
the Preliminary Plan will require, if the Village so determines, the
submission of amended plats or plans, together with proper supporting
documentation, 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 Plan.
The Village Manager is hereby authorized to approve such minor changes as he
deems appropriate, provided that no such changes: (a) increases by more than
two percent (2%) the floor area proposed for non-residential use; nor (b)
increases by more than two percent (2%) the total ground area covered by
buildings.
8. Building 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 Developer 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.
Developer shall pay any non-discriminatory new or additional fees hereinafter
charged by the Village to Developer or property within the Village.
9. Water Provision. The Developer 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 D are hereby approved by
the Village. It is understood, however, that changes to the Preliminary
5 2 0 0 9.2 3
Engineering Plan may be required at the time of final engineering. The
Developer 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 Developer 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 Plan. Watermains serving the Property and
those approved as part of the development shall be installed by the Developer
and, except for service connections to the buildings shall, upon installation
and acceptance by the Village through formal acceptance action by the
Corporate Authorities, be dedicated to the Village and become a part of the
Village water system and the Corporate Authorities agree to operate and
maintain said system.
10. Storm and Sanitary Sewer Provisions.
A. The Corporate Authorities agree to cooperate with the Developer and
to use their best efforts to aid Developer 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 collection of sewage and to the Lake County Division of
Transportation and Illinois Department of Transportation as may be
appropriate. The Developer shall. construct on-site and off-site sanitary
sewers as may be necessary to service the Property, as per EXHIBIT D. It is
understood, however, 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,
3009253
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the Corporate Authorities agree to operate and maintain such systems, except
for sanitary sewer service connections. The Developer 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 Developer shall also construct on the Property in question any
storm sewers which may be necessary to service the Property, as per EXHIBIT
D. It is understood, however, 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, which will not be
unduly delayed or withheld, 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
shall establish an Association which will 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 final plat.
11. Drainage Provisions. The Developer shall fully comply with any
request of the Village Engineer related to the placement of buildings on
lots, to preserve drainage standards. The Developer 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.
12. Owner Recapture of Utility Costs. The Village agrees to use its
best efforts to provide equitable recapture for a portion of the sanitary
sewer serving 'Lots 1 and 2, and for road extension purposes pursuant to
Paragraph 28 F. of this Agreement.
00925
13. Payment of Recapture Fees Owed. Any amount of recapture, including
for sanitary sewer service and water supply, required to be paid by this
Property shall be due and payable upon final platting of the first plat of
subdivision of the Property.
14. Security for Public and Private Site Im rovements. Security for
public and private site improvements shall be provided in accordance with the
Development Ordinance, and the Development Improvement Agreement (EXHIBIT Q
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 improvements secured by the
letter of credit. Prior to the Village drawing upon said letter of credit
the Village shall provide•a written 30-day notice to the Developer to cure.
15. Ri ht of Way Dedication. The Developer acknowledges that it is the
intention of the Village and other involved agencies that at some time in the
future Weiland Road will be widened. At the request of the Village, but no
later than upon approval of the first Plat of Subdivision, the Developer
agrees to dedicate not less than eleven (11) feet of additional right-of-way
along the east side of Weiland Road or a total of 51 feet from the centerline
of Weiland Road as shown on EXHIBIT D as may be required to permit the
widening.
16. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Developer or the witnesses during the hearings held
l�
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 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 December 19, 1990 by
Spaceco, Inc.
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan, including Preliminary Engineering
Plan, dated December 19, 1990 by Spaceco, Inc.
EXHIBIT E Conceptual Landscaping Plan for the proposed
Illinois Bell Telephone Company maintenance facility
(Lot 5) , dated October 19, 1990 by ILT Company, Inc.
EXHIBIT F Building elevations for the proposed Illinois Bell
Telephone Company maintenance facility (Lot 5) ,
dated December 27, 1990 by Basil Associates, Inc.
EXHIBIT G Proposed loop road plan for the Abbott Business
Center (Abbott Contractors) and adjacent
properties, dated January 31, 1991.
17. Building, Landscaping
and Aesthetics Plans. Developer 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 Corporate Authorities before commencing construction of buildings.
Lighting and signage shall be compatible with surrounding areas. Phases not
under construction or completed shall be maintained in a neat and orderly
fashion as determined by the Village Manager.
18. Declaration of Covenants, Conditions, and Restrictions. The
Property shall be subject to a declaration of covenants, conditions and
restrictions ("Declaration") which shall include but not by way of limitation
a provision whereby the Village shall have the right, but not the obligation,
to enforce covenants or obligations of the Developer of the Property provided
within the Declaration, and further shall have the right, upon thirty (30)
9 a009253
days prior written notice specifying the nature of a default, to enter upon
the Property and cure such default, or cause the same to be cured at the cost
and expense of the Developer or Owners of the Property. The Village shall
also have the right to charge or place a lien upon the Property for repayment
of such costs and expenses, including reasonable attorneys ' fees in enforcing
such obligations. The Declaration shall further provide that this provision
may not be amended without the prior approval of the Village. The
Declaration shall include, but not by way of limitation, covenants and
obligations to maintain the stormwater and drainage system on the Lot 6 as
depicted on EXHIBIT D.
19. 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
is in the best interests of all the parties and requires their continued
cooperation. The Developer 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.
20. 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.
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21. 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 notice to the Village.
22. Binding Effect of Agreement. This Agreement shall be binding upon
the Property, the parties hereto, and their respective successors and
assigns.
. Corporate Capacities.
p 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.
24. 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 Developer: Michael P. Vondra
Abbott Contractors, Inc.
1890 Techny Court
Northbrook, IL 60062
Copy to: George D. Maurides, Esq.
Bischoff Maurides and Swabowski, Ltd.
230 West Monroe Street, Suite 2210
Chicago, IL 60606-4703
If to Village: Village Clerk
Village of Buffalo Grove
.50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Bloche, French & Raysa
1140 Lake Street, Suite 400
Oak Park, IL 60301
25. Default. In the event Owner or Developer defaults in his
performance of his obligations set forth in this Agreement, then the Village,
11 3009253
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may upon notice to the Developer allow Developer 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 Developer fails
to cure such default or provide such evidence as provided above, then, with
notice to Developer, 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 undeveloped portion
of the Property to the R-E District zoning classification. In such event,
this Agreement shall be considered to be the petition of the Developer 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.
26. Litigation.
A. The Developer, at its cost, shall be responsible for any litigation
which may arise relating to the annexation, zoning or development of the
Property. Developer shall cooperate with the Village in said litigation but
Developer's counsel will have principal responsibility for such litigation.
B. The Developer shall reimburse the Village for reasonable attorney's
fees, expenses and costs incurred by the Village resulting from litigation
relating to the annexation, zoning and development of the Property or in the
enforcement of any of the terms of this Annexation Agreement upon a default
by the Developer.
C. Developer hereby indemnifies and holds the Village harmless from
any- actions or causes of action which may arise as a result of development
activities for which the Developer is responsible. This indemnity shall
terminate upon the issuance by the Village of the final certificate of
occupancy at the completion of the development.
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27. Special Conditions.
A. The following variation to the Village's Zoning Ordinance is hereby
granted: Section 17.48.020.F.6.b - to allow a fence adjacent to a residential
zoning district to be setback ten feet from the property line, subject to
Appearance Commission approval.
B. The following variations to the Village's Development Ordinance are
hereby granted pursuant to EXHIBIT D:
1. Section 16.50.040.C.3. - to allow the side slope of the stormwater
detention basin to be 2:1 instead of 6: 1; to allow a cross slope of
one percent instead of two percent; to waive the underdrain
requirement; and to allow the use of retaining walls.
2. Section 16.50.050.D.7. - to allow a sanitary sewer depth of less
than six feet.
3. Section 16.50.070.D.2. - to allow a street pavement width of 37
feet instead of 47 feet, and a right-of-way of 66 feet instead of
80 feet. If sidewalks on both sides of the street are determined
to be necessary by the Village, an additional four feet of
right-of-way shall be required on the north and west side of said
street.
4. Section 16.50.070.M. - to allow a non-bituminous surface for the
proposed Illinois Bell Telephone Company outside storage area on a
portion of proposed Lot 5, provided that dust, weeds, and standing
water shall be controlled to the satisfaction of the Village.
The regular parking of trucks on the non-bituminous surface is
prohibited.
C. Initial uses on the Property except for Lot 5 are subject to
Village approval, and Preliminary Plans for each lot are subject to Village
approval. All development of the Property shall be in accordance with
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applicable Village regulations unless variations have been approved by this
Agreement or by future ordinances. Nothing herein prohibits or in any way
prejudices the Owner or Developer's rights regarding future variation
requests.
D. The use of Lot 5 for the Illinois Bell Telephone Company
maintenance and garage facility is approved, including authorization for a
special use for an outside storage area, and said development shall be in
accordance with applicable Village regulations unless variations are granted
by this Agreement or by future ordinances. All aspects of development
pertaining to building appearance, landscaping, site lighting, fencing, and
signage are - '
subject to approval by the Appearance Commission and Village Board.
Telephone equipment trucks shall not be parked in the parking lot west of the
Illinois Bell building overnight.
E. Developer shall construct improvements to Weiland Road as required
by the Lake County Division of Transportation and the Village, and said
improvements shall be done as part of the first phase of development of the
Property.
F. Developer shall extend a sidewalk south along Weiland Road on to
the Aptakisic Junior High School property to connect to the existing
sidewalk.
G. Developer shall pay $15,526.00 to School District No. 102
concerning .the provision of sanitary sewer service.
H. Developer shall create an Association pursuant to Paragraph 18 to
maintain the stormwater and drainage system, and fencing and landscaping on
the Property, 'and an easement shall be created to provide access to the
stormwater detention facility on proposed Lot 6.
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Developer shall cooperate in providing additional stormwater storage
capacity on Lot 6 to serve areas adjacent to the Property as determined by
the Village, and Developer shall be fairly compensated by adjacent property
owners for use of the stormwater detention area.
I. Existing trees on the Property shall be preserved unless removal is
approved by the Village Forester.
J. Developer shall pay a fire-protection equipment impact fee of $0.75
per gross square foot of all principal buildings constructed on the Property.
Said fee shall be paid on a pro rasa basis at issuance of building permits.
K. Developer shall create an easement over the Property to provide
access to the Wisconsin Central Railroad property and drainage culvert
adjoining the Property.
L. Lots 1 °and 3 as depicted on EXHIBIT D shall not have direct access
to Weiland Road, and the plat of subdivision shall note said access
limitation.
M. Notwithstanding the provisions of the Development Improvement
Agreement (EXHIBIT C) , it is agreed that a building permit for the Illinois
Bell Telephone Company Facility proposed for Lot 5 as depicted on EXHIBIT D,
upon submission of complete and proper materials, may be issued prior to the
completion of all required utility facilities and permanent roadways. Prior
to issuance of a building permit, a complete and functional water system
shall be installed, adequate temporary access shall be provided to the site,
and a plat of subdivision for the Property, as approved by the Village,
shall be recorded.
28. Loop Road System
A. The parties hereto acknowledge that it is the Village's intent to
implement a loop road system with two connections to Weiland Road to serve
15 -%2 900 53
�9
the Property and parcels north and east of the Property. Said loop road
system is depicted on EXHIBIT G hereto.
B. For purposes of this paragraph 28, Developer shall be known as
"Abbott" and the owner of Parcel G and Parcel H as depicted on EXHIBIT G
shall be known as "Weiner."
C. Also for purposes of this paragraph 28, the capital letters in
parenthesis, e.g. (A) , shall correspond to the depictions on EXHIBIT G.
D. Abbott shall dedicate the cul-de-sac bulb (A on EXHIBIT G) and
construct the street thereon as depicted on EXHIBIT D in the first phase of
development of the Property.
E. Abbott shall dedicate additional right-of-way east of the
cul-de-sac bulb (B) and build same at the same time Weiner dedicates
additional right-of-way to the north (C) and bonds for or submits a letter of
credit for the construction of the street thereon. It is understood and
agreed that the additional right-of-way (B) shall partially come from
proposed Lot 2 and proposed Lot 5.
F. Abbott is entitled to road recapture for (B) from Weiner which
includes improvements but not land, but only if Weiner does not construct
street extension (C) . The amount of road recapture due Abbott will be an
amount as finally determined by the Village.
G. At the time the street extension (C) is constructed, Abbott shall
dedicate the north on-site road (D) and construct the street thereon without
any benefit of recapture.
H. Abbott shall provide a letter of credit or bond for 24 months from
the date of this Agreement to guarantee improvement of both the east
extension (B) and the north on-site extension (D) .
I. Abbott shall, for years 3-20 of this Agreement, encumber the title
of proposed Lots 1 and 2 from development until the Village is satisfied, in
aO
Exoneration provision restricting
any liability of Harris Trust and
Savings Bank, stamped on the re-
verse side hereof,is hereby expressly
made a part hereof.
its judgment, that the implementation of this road improvement plan is
meeting the stated objectives, or determines that the loop road development
is no longer needed. The title to proposed Lot 5 shall also be encumbered to
reflect possible future dedication and construction of (B) .
J. Abbott shall construct a watermain east of the cul-de-sac without
recapture (E) . Weiner shall construct the watermain (I) when Parcel G is
developed.
K. The obligations herein shall be a covenant running with the land
and shall be obligations of any Developer or Owner of the Property.
IN WITNESS WHEREOF, the Corporate Authorities and Developer 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.
VILLAG BUFFALO GROVE
VERNA L. CLAYTON, .Village Presi nt
ATTEST:
ACJ
,
�I � �� •�� oiry OWNER
HARRIS _TRUST AND SAVING '
�ti1 :11�• as Trustee under!Lust Dumber.,_bVM hS not ln?!'�vl ual
•,� c. r� 1
G
■
DEVEL ER
ABB T CO TRACTORS' INC.r .
00,92553
17 �l
' EXHIBIT A
ABBOTT BUSINESS CENTER
(ABBOTTJILLINOIS BELL TELEPHONE)
ANNEXATION AGREEMENT
ODE= PROPERTY I.P.GAL D3SC lM(=:•
THAT PART OF THE NORTHWEST QUART r OF SECTION 3T AND THE NORTHEAST
OF SECTION �, TOWNSHI.P 43 NORTH, aANCZ li, IIAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRMED AS FOLLOWS:
COI} MENCING AT THE INTERSECTION OF THE SOUTH LINZ OF LOT 6 IN BLOCK 3
IN FRILLMAN PARK, A SUBDIVISION RECORDED JULY L. 1337 AS DOCUMENT
035931 IN BOOK "A" OF PLATS, PAGE 63, IN LAKE COUNTY, ILLINOIS AND THE
EASTERLY RIGHT OF WAY LINE OF WEILAND ROAD (FORT ZRLY I3UPFALO GROVE
ROAD .OR FRILLMAN AVENUE); TH2NCL SOUTH 12 DEGREES, 19 MINUTES 29 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF
295.24 FEET (295.54 FEET RECORD) TO A NON-TANGENT CURVED RIGHT OF WAY
OF WEILAND ROAD AS WIDENED BY TRUSTEE'S DEED RECORDED JULY 4, 1982 AS
DOCUMENT 02168098 AND AS SHOWN ON PLAT RECORDED MARCH 27, 1936 AS
DOCUMENT 02429787; THENCE SOUTHWESTEMLY AN ARC DISTANCE OF 334.14
FEET ALONG SAID RICHT OF WAY LINE BEING A CURVE CONCAVE TO THE
NORTHWEST AND HAVING A RADIUS OF 2304.79 FEET WITH A CHORD BEARING OF
SOUTH 10 DEGREES, 17 MINUTES, 13 SECONDS WEST AND A C4%ORD DISTANCE OF
333.86 FEET; THENCE SOUTH 14 DEGREES, 04 MINUTES, 37 SECONDS WEST ALONG
A TANGENTIAL RIGHT OF WAY LINE OF SAID WEILAND ROAD, A DISTANCE OF
36.90 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCIMED;
THENCE CONTINUING SOUTH 14 DEGREES, 04 MINUTES, 37 SECONDS WEST ALONG
SAID RIGHT OF WAY LINE, A DISTANCE OF 409.42 FEET TO AN ANGLE POINT;
THENCE SOUTH 12 DEGREES, 19 MINUTES, 31 SECONDS WEST ALONG THE
EASTERLY RIGHT OF WAY LIME OF WEILAND ROAD, A DISTANCE OF 367.46 FEET
TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28, THENCE
NORTH 89 DECREES, 32 MINUTES, 30 SECONDS EAST ALONG THE SAID SOUTH
LINE, A DISTANCE OF 931.00 FEET TO THE SOUTHEAST CORNER OF SAID
NORTHEAST QUARTER OF SECTION 22; THENCE NORTH 89 DEGREES, 25 MINUTES,
25 SECONDS EAST ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF
SECTION 27, TOWNSHIP 43 NORTH; RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN A DISTANCE OF 328.67 FEET TO THE WESTERLY RIGHT OF WAY LINE OF
THE SOO LINE RAILROAD; THENCE NORTH 18 DECREES, 39 MINUTES, 00 SECONDS
WEST ALONG THE SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 489.95
FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED IN
WARRANTY DEED RECORDED APREL 11, 1556 AS DOCUMENTS NUMBER 904161;
THENCE SOUTH 86 DEGREES, 31 MINUTES, 50 SECONDS WEST (SOUTH 86 DECREES,
37 MINUTES WEST BY DEED) A DISTANCE AT 172.98 FEET (172.79 FEET BY DEED)
TO A POINT ON THE EAST LINE OF SAID SECTION 28 BEING 451.83 FEET NORTH OF
THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 28;
THENCE CONTINUING SOUTH 86 DEGREES, 31 UINUTES, 50 SECONDS WEST (SOUTH
86 DEGREES, 37 MINUTES WEST BY DEED) ALONG THE SOUTH LINE OF SAID TRACT
OF LAND, A DISTANCE OF 169.35 FEET TO THE SOUTHWEST CORNER OF SAID
TRACT OF LAND; THENCE NORTH 04 DEGREES, 46 MINUTES, 10 SECONDS WEST
(NORTH 04 DECREES, 41 MINUTES WEST BY DEED) ALONG THE WESTERLY LINE OF
SAID TRACT OF LAND A DISTANCE OF 312.62 FEET TO THE INTERSECTION OF A
LINE 754.66 FEET (AS MEASURED PERPEN61CULARLY) NORTH OF AND PARALLEL
WITH THE SOUTH LINE OF THE NORTHEAST QUARTER. OF SAID SECTION 28;
THENCE SOUTH 89 DEGREES, 32 MINUTES, 30 SECONDS WEST ALONG SAID
PARALLEL LINE, A DISTANCE OF 557.86 FEET TO THE POINT OF BEGINNING, ALL
IN LAKE COUNTY, ILLINOIS. ry (]
.o-r..tT. r+�rr.r� ra nnn Ar`QCC EdI1►3Q n� . oce�1 3009253
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3009253
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I;J;;; APR 17 P�j 1,, i 1
STATE OF ILLINOIS
SS.
COUNTY OF COOK & LAKE )
I, JANET M. SIRABIAN, hereby certify that I am the duly
elected, qualified and acting VILLAGE CLERK of the Village of
Buffalo Grove, Counties of Cook and Lake, Illinois, and the keeper
of its seal and records.
I hereby further certify that the attached is the original
of Ordinance No. 91-13 adopted on the 4th day of
February 19 91 , by the Village Board of the Village
of Buffalo Grove as shown by the records in my custody.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the Village of Buffalo Grove aforesaid, at said Village,
in the County and State aforesaid, this 12th day of March ,
19 91
Village C1' •rk '
c'L�
By ��emu. •tit
Deputy Villag Clt;r;x
VILLAGE OF BOFRLD GROVE
50 RAUPP BOULEVARD
KWFAW GROVE, ALIN019 6GCSg