1992-010 1 /16/92 ORDINANCE NO. 92- 10
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT
Abbott Contractors (Route 83/Busch Road)
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: 4 - Reed Kahn Rubin Hendricks
NAYES: 2 - Marienthal Braiman
ABSENT:-0 - None
PASSED: January 20 1992 APPROVED: Janaury 20 1992
ATTEST: " APPROV
r
VillClerK,
�i'.•s _ IDNEY M H S Village resident
. 3
1 /16/92
ABBOTT CONTRACTORS
Busch Road/Route 83
Annexation Agreement
TABLE OF CONTENTS
1 . Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
2. Agreement: Compliance and Validity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
4. Enactment of ZoninU Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
5. Approval of Plats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
6. Compliance with pIi cab le Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . .4
7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
8. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
10. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
11 . Drainae Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
12. Security for Public and Private Site Improvements. . . . . . . . . . . . . . . .8
13. Right-of-Way Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
14. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
15. Annexation Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
16. Buildinq, Landscaping and Aesthetics Plans. . . . . . . . . . . . . . . . . . . . . .9
17. Declaration of Covenants, Conditions and Restrictions. . . . . . . . . . . 10
18. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
19. Enforceability of the Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
20. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
21 . Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
22. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
23. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
24. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
25. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . 12
26. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
ABBOTT CONTRACTORS
Busch Road/Route 83
Annexation Acreement
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Subject Property
1 /16/92
ABBOTT CONTRACTORS
Busch Road/Route 83
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and
entered into this 20th day of January, 1992, 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 December 30,
1986 and known as Trust No. 44000 and not individually (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
(hereinafter referred to as the "Property") comprising 1 .6 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 , including certain street right-of-way
adjacent to the Property, is attached hereto as EXHIBIT B , which depicts a
total area of 1 .76 acres to be annexed; and,
WHEREAS, Developer desires and proposes pursuant to the provisions
and regulations applicable to the B-1 Limited Retail District of the Village
Zoning Ordinance to develop the Property in accordance with and pursuant
to a certain Preliminary Plan prepared by CE Design, Ltd. and dated as last
1
revised January 13, 1992 and a Preliminary Engineering Plan, prepared by
CE Design, Ltd. and dated as last revised January 13, 1992, (hereinafter
jointly referred to as the "Preliminary Plan") a copy of which Preliminary
Plan is attached hereto as EXHIBIT D and a copy of which Preliminary
Engineering Plan is attached hereto as EXHIBIT E and incorporated herein,
and subject to all other exhibits attached hereto or incorporated by
reference herein. Said development of the Property shall consist of a
one-story children's daycare facility with a gross building floor area of
approximately 7,308 square feet, and a one-story professional office building
with a gross building floor area of approximately 4,378 square feet.
WHEREAS, pursuant to the provisions of Section 11-15. 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
B-1 District; 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:
2
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
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, 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 Property is
validly annexed to the Village and is validly zoned and classified in the B-1
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.
It. 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 B-1
3
District 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 Preliminary Plan (EXHIBITS D and E) and all other
exhibits attached hereto or incorporated by reference herein.
5. Approval of Plats. The Corporate Authorities hereby approve a
Preliminary Plan (EXHIBITS D and E) 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 Owner 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 Owner or Developer provided that the plat or plats shall :
(a) conform to the approved Preliminary Plan, 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 approved Development Improvement Agreement as
amended from time to time.
It is understood and agreed that the final subdivision plat or plats that
will hereinafter be submitted by the Owner or Developer shall conform to the
approved Preliminary Plan.
6. Compliance with Applicable Ordinances. The Owner and Developer
agree 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 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.
It is understood and agreed, however, that the B-1 zoning granted for the
4
Property is subject to the restrictions set forth in Paragraph 26.F, of this
Agreement.
Owner and 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.
7. Amendment of Plan. If the Owner desires to make changes to 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 the Preliminary Plan. 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 change (a)
involves a reduction of the area set aside for common open space; nor (b)
increases by more than two percent (20) the floor area proposed for
nonresidential use; nor (c) increases by more than two percent (20) 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 Owner or Developer and the Village on any
engineering and technical matter 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
5
time to time. Owner or developer shall pay any non-discriminatory new or
additional fees hereinafter charged by the Village to Owner or Developer or
property within the Village.
9. Water Provision. The Owner or Developer shall be permitted and
agree to tap on to the Village water system at points recommended by the
Village Engineer which points to the extend shown on EXHIBIT E are hereby
approved by the Village. It is understood, however, that changes to the
Preliminary Engineering Plan may be required at the time of Final
Engineering. The Owner and Developer further agree 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 Owner and Developer
agree 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
maintained by the Village.
10. Storm and Sanitary Sewer Provisions.
A. The Corporate Authorities agree to cooperate with the Owner
and Developer and to use their best efforts to aid Owner or Developer in
obtaining such permits from governmental agencies having jurisdiction as may
be necessary to authorize connection from the proposed development to the
6
Lake County Public Works Department for the collection of sewage and to the
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 E. 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, the Corporate
Authorities agree to operate and maintain such systems, except for sanitary
sewer service connections. The Owner and Developer agree 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 E. 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, 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 and Developer agree to 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 Plat of Subdivision.
11 . Drainage Provisions. The Owner and 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
7
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. Security for Public and Private Site Improvements. Security for
public and private site improvements shall be provided in accordance with
the Development Ordinance, and the Development Improvement Agreement
(EXHIBIT C) 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.
13. Right-of-Way Dedication. The Owner and Developer acknowledges
that it is the intention of the Village and other involved agencies that at
some time in the future Illinois Route 83 and Busch Road will be widened
adjacent to the Property. At the request of the Village, but no later than
upon approval of the first Plat of Subdivision, the Owner or Developer shall
dedicate 15 feet of additional right-of-way along the east side of Illinois
Route 83 and up to six (6) feet along the south side of Busch Road adjacent
to the Property as shown on EXHIBIT E.
14. Exhibits. The following EXHIBITS, some -of which were presented
in testimony given by the Developer or the witnesses during the hearings
held before the Plan Commission and the Corporate Authorities prior to the
execution of this Agreement, are hereby incorporated by reference herein,
8
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 November 21 , 1991 by
CE Design, Ltd.
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan dated January 13, 1992 by CE
Design, Ltd.
EXHIBIT E Preliminary Engineering Plan dated January 13,
1992 by CE Design, Ltd.
EXHIBIT F Conceptual Landscaping Plan dated January 10, 1992
EXHIBIT G Building Elevation of Children's Daycare building
dated January 13, 1992 by Basil Associates, Inc.
EXHIBIT H Building Elevation of One-story Professional Office
Building dated January 13, 1992 by Basil
Associates, Inc.
15. Annexation Fee. Owner agrees to pay an annexation fee in the
amount of $2,500.00 which shall be payable at issuance of the first building
permit for the Property. This fee shall, however, be paid in full prior to
the expiration of this Agreement.
16. Building, Landscaping and Aesthetics Plans. Owner 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 as approved by the Appearance Commission. Phases not under
construction or completed shall be maintained in a neat and orderly fashion
as determined by the Village Manager.
It is understood and agreed that the proposed children's daycare
facility and one-story office building shall be designed to be aesthetically
compatible with adjacent residential areas as conceptually depicted on
9
EXHIBITS G and H, and impacts such as noise, parking lot light spillover,
and vehicle headlight glare shall be addressed in the design of the buildings
and landscaping plan to ensure that adjacent properties are adequately
protected.
17. 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 Owner or Developer of the Property
provided within the Declaration, and further shall have the right, upon
thirty (30) 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 Owner 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 it 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
depicted on EXHIBIT D.
18. 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 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 and Developer do hereby evidence their intention to fully comply
with all Village requirements, their willingness to discuss any matters of
mutual interest that may arise, and their willingness to assist the Village to
10
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.
19. 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.
20. 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 this
Agreement. This Agreement shall not be assigned without prior written
consent of the Village.
21 . Binding Effect of Agreement. This Agreement shall be binding
upon the Property, the parties hereto, and their respective successors and
assigns.
22. 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.
23. 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.
11
If to Owner Michael P. Vondra
or Developer: Abbott Contractors, Inc.
1890 Techny Court
Northbrook, IL 60062
Copy to: George D. Maurides, Esq.
Bischoff Maurides and Swabowski, Ltd.
311 South Wacker Drive, Suite 2600
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.
Raysa S Skelton
1740 Lake Street, Suite 400
Oak Park, IL 60301
24. Default. In the event Owner or Developer defaults in his
performance of this Agreement, then the Village, may, upon notice to
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
Owner, 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 and Owner
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.
25. Litigation
A. The Developer and Owner, at their cost, shall be responsible
for any litigation which may arise relating to the annexation, zoning and
development of the Property. Owner and Developer shall cooperate with the
12
Village in said litigation but Developer's counsel will have principal
responsibility for such litigation.
B. The Owner and 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 Owner and Developer.
C . Owner and Developer hereby indemnify and hold the Village
harmless from any actions or causes of action which may arise as a result of
development activities for which the Owner or 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.
26. Special Conditions.
A. The following variation to the Village's Development Ordinance
is hereby granted as reflected on EXHIBIT E:
Section 16. 50.040.D: to allow a structure to be built closer to a
stormwater detention basin than the Ordinance standard.
B. The Developer shall construct in the initial phase of
development of the Property left and right turn lanes on Busch Road to
serve the access driveway to the Property. Said turn lanes shall be
designed and constructed as approved by the Village Engineer.
Notwithstanding the foregoing, if the Village determines that said
improvements can be deferred until they are undertaken by the Illinois
Department of Transportation (IDOT) , then the Developer shall compensate
MOT for the cost of said improvements.
C . The Developer shall present a complete tree preservation plan
to the Village Forester prior to any grading or other site work on the
13
Property. Development of the Property shall not be initiated until the
Village Forester has ascertained that the tree preservation plan will
adequately protect trees designated for preservation or re-location.
D. Owner or Developer shall pay a fire-protection 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 rata basis at issuance of building
permits.
E. It is understood and agreed that any buildings constructed on
the Property shall be designed to be aesthetically and visually compatible
with adjacent residential structures, and the Village will evaluate roof
designs of any buildings proposed for the Property with the intention of
achieving design compatibility with adjacent residential areas. Any roof-top
mechanical systems shall be screened so as to not be visible from Busch
Road, Route 83, and properties adjacent to the Property.
F. The following uses shall be allowed on the Property as
permitted uses:
Art Gallery
Child Care Center
Medical and Dental Clinics
Offices - Business and Professional
Schools - Business, Dance, or Music
G. In the event the Owner or Developer desires to use the
Property for any use not listed in Paragraph 26. F. of this Agreement,
Owner or Developer shall petition the Village for said use. If the proposed
use is a permitted use in the B-1 District of the Village Zoning Ordinance,
the Village shall determine in its sole discretion if said requested use shall
be permitted, including, if necessary a public hearing to review said use.
14
. . E�coneretlon provl
eny, IlabilHM of Halls Trust and
Savinp Bank. a 1h ry
tstia�C91 �
If the proposed use is a Special Use in the B-1 District, the Village shall
conduct a public hearing pursuant to requirements set forth in the Village
Zoning Ordinance before determining if said special use shall be authorized.
IN WITNESS WHEREOF, the Corporate Authorities, Owner and
Developer have caused this instrument to be executed by their respective
proper officials duly authorized to execute the same on the date and the
year first above written.
VILLAGE OF FFALO ROV
By
ATTEST:
Tl.
Villa Clerk
OWNER
Harris Trust and SavingTs Bank
. �
EXCULPATORY CLAUSE
t is expressly understood and agreed by and between the parties hereto,anything herein to the contrary notwithstanding,that each and
II of the warranties,representations,covenants,indemnities, undertakings and agreements herein made on the part of the Harris Trust
and Savings Bank while in form purporting to be the warranties,representations.covenants,indemnities,undertakings and agreements
of said Harris Trust and Saving Bank are nevertheless each and every one of them made and intended not as personal warranties,represen-
tations,covenants,indemnities,undertakings and agreements by the Harris Trust and Savings Bank or for the purpose or with the intention
of binding said Harris Trust and Savings Bank personally but are made and intended solely for the purpose of binding that portion of the
trust property specifically described herein;and this instrument is executed and delivered by said Hams Trust and Savings Bank not in
its own right,but solely in the exercise of the powers conferred upon it by virtue of the land trust agreement;and that no personal liability
or personal responsibility is assumed by,nor shall at any time be asserted or enforceable against the Harris Trust and Savings Bank on
account of this instrument or on account of any warranties,representations,indemnities,covenants,undertakings or agreements in this
instrument contained,either expressed or implied;all such personal liability,if any,being expressly waived and released by the other parties
to this instrument and by all persons claiming by,through,or under said parties.The parties to this instrument hereby acknowledge that
under the terms of the land trust agreement the Harris Trust and Savings Bank has no obligations or duties in regard to the operation,
,management and control of the trust premises,nor does it have any possessory interest therein;and that said bank has no right to any
of the rents,avails and proceeds from said trust premises.Notwithstanding anything in this instrument contained the Hams Trust and Sav-
ings Bank is not the agent for the Beneficiary of its trust;and in the event of any conflict between the provisions of this exculpatory paragraph
and the body of this instrument,the provisions of this paragraph shall control.
X-7615(M,9-82) -------------__..
15
ABBOTT CONTRACTORS - BUSCH ROAD/ROUTE 83
Annexation A reement
EXHIBIT A
That part of the West 1/2 of the South East 1/4 of
Section 29, Township 43 North, Range 11, East of the
Third Principal Meridian, described as follows:
Commencing at a point in the Center Line of the
Public Road, as formerly located running Northwesterly
and Southeasterly across said Quarter Section, which
point is North 36 Degrees 40 Minutes West, 1294 . 51 Feet
from a point in the South Line of said Quarter Section,
1137 .5 Feet East of the South West Corner of said South
East 1/4 Section; thence South 86 Degrees 21 Minutes West
to the Easterly Line of State Route No. 83 as shown on
the Plat Recorded July 5, 1973 as Document 1622844 and
described in Warranty Deed dated March 9, 1974 , and
Recorded March 11, 1974 as Document 1654993 in the Office
of the Recorder of Lake County, Illinois, a distance of
24 .89 Feet, more or less, to the Point of Beginning of
this description; thence North 86 Decrees 21 Minutes East
a distance of 24 .89 Feet, more or less, to the Point
first described herein; thence continuing Northeasterly
along the extension of. the last described line a distance
of 306. 30 Feet to a point; thence North 3 Degrees 39
Minutes West a distance of 198 . 59 Feet, more or less, to
the Southerly Line of said Document 1654993F thence
Westerly along the Southerly line of said document
1654993 , a distance of 80 . 05 Feet to a Point of Curve;
thence continuing Southwesterly along the Southerly Line
of said document a distance of 305 . 65 Feet, more or less,
(said line being a curved line concave Southerly and
having a radius of 463 . 18 Feet) to a Point of Compound
Curve; continuing thence Southerly along the Southerly
Curved Line of said Document a distance of 87. 28 Feet
(said Curved Line being concave Easterly and having a
radius of 50. 0 Feet) to a Point of Reverse Curve, said
point being on the Easterly Right of Way Line of State
Aid Route 16 (now known as State Route No. 83) and 50
Feet Easterly of the Center Line thereof . (measured
radially thereto) as described in Document 1654993 ;
thence Southeasterly along said Curved Right of Way Line,
a distance of 66. 0 Feet, more or less, (said curve being
concave Southwesterly and having a radius of 1960. 0 Feet)
to the Point of Beginning, in Lake County, Illinois includ-
ing any adjacent unincorporated streets and highways .
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately
1 . 6-acre tract at the southeast corner of Busch Road and
Route 83 .
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