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1987-015 ORDINANCE NO. 87- 15 AN ORDINANCE APPROVING AMENDMENT TO ANNEXATION AGREEMENT (Klefstad Parcel G) 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 des- cribed in Exhibit A hereto; and, WHEREAS, there has been submitted to the Corporate Authorities of the Village of Buffalo Grove an Amendment to Annexation Agreement; and, WHEREAS, proper and due notices of public hearings on said Amendment to Annexation Agreement and Zoning have been given and public hearings were held; and, WHEREAS, it is determined to be in the best interests of the Village of Buffalo Grove to approve said Amendment to 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 Amendment to Annexation Agreement, a copy of which is attached hereto and made a part hereof as Exhibit A is approved. Section 2. The President and Clerk of the Village are hereby authorized to execute said Agreement on behalf of the Village of Buffalo Grove. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Shields NAPES: 0 - None ABSENT: 1 - Kowalski PASSED: February 23, 1987 APPROVED: February 23, 1987 ;t. '� APPROVED: ATTEST: `�'e [.5�:� :{ ,F•,,j arm. // n/li✓`'`0.- � �_i�'Y _ V NA L. CLAYTON, Villageresident 6 ... r ;., �Bqe. � ,''; Yii LEGAL DESCRIPTION Floodway Parcel "E": A parcel of land in the North 1/2 of Section 27, Township 43 North, Range 11 East of the Third Principal Meridian, Lake County, Illinois bounded and described as follows: Beginning at the Northwest corner of Lot 1 in Tripp's Sub- division of part of Sections 26 and 27 in said Township 43 North, Range 11 East of the Third Principal Meridian; thence North 7°46'34" East along the Northerly extension of the West line of said Lot 1, distance of 332.00 feet; thence South 67°54'00" East, a distance of 581.42 feet; thence South 15° 19'35" East, a distance of 119.71 feet to a point on the North line of said Lot 1; thence North 89°30'39" West along the North line of said Lot 1, a distance of 615.28 feet to the point of beginning. EXHIBIT "A" 2/13/87 AMENDMENT TO ARBOR CREEK BUSINESS CENTRE ANNEXATION AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this 23rd day of Fgbruary, 1987, among 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 Authori- ties") , APTAKISIC SAND CORPORATION, an Illinois Corporation, (hereinafter referred to as "Contract Seller") , and CITIZENS BANK & TRUST COMPANY, as Trustee under a Trust Agreement dated March 2, 1984, and known as Trust No. 66-5139, (hereinafter referred to as "Owner") , and LaSALLE NATIONAL BANK, as Trustee under a trust agreement dated June 27, 1986, and known as Trust No. 111260 (hereinafter referred to as "Contract Purchaser") , and KLEFSTAD COMPANIES, 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, Contract Seller is the owner of a certain tract of property (hereinafter referred to as the "Property") comprising 2.96 acres more or less legally described and identified in the Plat of Annexation, which is attached hereto as EXHIBIT B, which exhibit is made a part hereof and which real estate is contiguous to the corporate limits of the Village; and WHEREAS, the Village, CTTTZFNS BANK & TRl15,,T COMPANY, as Trustee under Trust Agreement dated March 2, 198.1, and known a:; Trust No. 66-5139 and LaSALLE NATIONAL DANK, as Trustee under Trust Agreement dated June 27, 1986, and known as Trust No. 111260, an Illinois Corporation, have previously entered into an annexation agreement dated December 1, 1986 which is entitled Powers. The preceding whereas clauses are hereby made a part of this Amendment. 2. Amendment: Compliance and Validit The Owner has filed with the Village Clerk of the Village a Petition for Annexation (Exhibit A hereto) pursuant to and in accordance with provisions of Section 7-1-8 of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1985) , and as the same may have been modified by the Village's Home Rule Powers, conditioned on the execution of this Amendment and the compliance with the terms and provisions contained herein, to annex Property to the Village. It is understood and agreed that this Amendment in its entirety, together with the Petition for Annexation, shall be null, void and of no force and effect unless Property is validly annexed to the Village, is validly zoned and classified in the I (Industrial) District. 3. Enactment of Annexation Ordinance. The Corporate Authorities within twenty-one (21) days of the execution of this Amendment by the Village will enact a valid and binding ordinance (hereinafter referred to as the "Annexation Ordinance") annexing Property to the Village and take all other action reasonably necessary or appropriate to cause the Property to be duly and validly annexed to the Village. Said Annexation Ordinance shall be recorded with the Lake County Recorder's Office concurrently with the Plat of Annexation (attached hereto as Exhibit B) . Recordation should .take place no'more than thirty (30) days after enactment of Annexation Ordinance and the parties hereto hereby [atipy nd afAirm the p,nnex Lion A e ment. and hereby also amend ppages 1 and 1 of the Annexation Agreemer� o provide that 66-5139 is the corre t t ust number o C ntr ct,Seller.W. enactment of. ion �rdtnance. Within twenty-ono (21) days after the passage of the Annexation Ordinance, the Corporate Authorities shall adopt a valid and binding ordinance, zoning the Property in the T (Tn(ln t:trl.111 !Anti k-1 nu!•1. •1 "t. tions further contained herein. 5. Amendment. The hereinbefore mentioned annexation agreement dated December 1 , 1986 rnt it lyd Arinot Ctrrk lltuninr 2 -. Centre Annexation Agreement is hereby amended by adding thereto and including therein the real property defined in Exhibit B to this Amendment. It is understood and agreed that the total real property subject to said Annexation Agreement shall be comprised of approximately 113.683 acres more or less. 6. Compliance, The Property described in Exhibit B hereto shall be subject to and comply with the terms and conditions of the Annexation Agreement. IN WITNESS WHEREOF, the Corporate Authorities, Owner, Contract Seller, Contract Purchaser, and Developer have caused this instrument to be executed by the respective officials or officers duly authorized to execute the same on the day and the year ' drs#.. above written. '1 VILLAGE OF BUFFALO GROVE NA L. A ON, Yf llage President ATTE, �yillag* C-lerk APTAKISIC SAND CORPORATION ATTEST CITIZENS BANK & TRUST COMPANY as Trustee under a TrustAgreement dated March 2, 1984, ' an known as Trust No. 66-5139 "^ •�y--4.----- 'd:G:'f at r� �3hrC_ + WmL TrAi,r,rS itinFJt AND\4ADL A I AK F LaSALLE NATIONAL BANK, as Trustee under a Trust Agreement dated ,tune 27, ln8(, Ild !•;� c ,Y; known as Trus 11260 setper$*1°n ' r TTE T: 1,.. • ~ A4L> .� r�� ►wird►t A9@MWfANT'%WF ' KLEFSTAD COMPANIES, INC. ATTEST: Bruce Kleistad, Pre ident �� 1 LEGAL DESCRIPTION Floodway Parcel "E": A parcel of land in the North 1/2 of Section 27, Township 43 North, Range 11 East of the Third Principal Meridian, Lake County, Illinois bounded and described as follows: Beginning at the Northwest corner of Lot 1 in Tripp is Sub- division of part of Sections 26 and 27 in said Township 43 North, Range 11 East of the Third Principal Meridian; thence North 7°46'34" East along the Northerly extension of the West line of said Lot 1, distance of 332.00 feet ; thence South 67054'00" East, a distance of 581.42 feet; thence South 15' 19'35" East, a distance of 119. 71 feet to a point on the North line of said Lot 1; thence North 89°30'39" West along the North line of said Lot 1, a distance of 615.28 feet to the point of beginning. EXHIBIT "A" r" 1