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2013-09-09 - Ordinance 2013-058 - APPROVING AN ANNEXATION AGREEMENT FOR COLLEEN ARNS PROPERTY 9/3/2013 ORDINANCE NO. 2013-58 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR Colleen Arns Property 23077 N. Prairie Road; 23089 N. Prairie Road and 16471 W. Brockman Ave 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 concerning 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 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. 2 AYES: 6— Berman,Trilling, Sussman, Terson, Stein, Ottenheimer NAYS: 0—None ABSENT: 0—None PASSED: September 9, 2013 APPROVED: September 9, 2013 ATTEST: APPROVED: eL� , Village Clerk effr B iman, Village President This document was prepared by: Robert E. Pfeil, Village Planner, Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 EXHIBIT A 9/5/2013 ANNEXATION AGREEMENT Colleen Arns Property 23077 N. Prairie Road; 23089 N. Prairie Road and 16471 W. Brockman Ave This agreement (hereinafter referred to as the "Agreement") made and entered into this ninth day of September, 2013, 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 Colleen Arns (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and, WHEREAS, Owner is the owner of a certain tract of property (hereinafter referred to as the "Property") comprising 30,056 square feet (0.69 acres) legally described and identified in the Legal Description, attached hereto as EXHIBIT A and made a part hereof, and which real estate is contiguous to the corporate limits of the Village; and, WHEREAS, a Plat of Annexation of the territory to be annexed, depicting a total area of 0.827 acres, is attached hereto as EXHIBIT B; and, WHEREAS, Owner desires to annex the Property pursuant to the provisions and regulations applicable to the R-2 One-family Dwelling District of the Village Zoning Ordinance, including use of the single-family residence on the 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 2 Statute; and, WHEREAS, pursuant to due notice and advertisement, the President and Board of Trustees of the Village held a public hearing with respect to the requested zoning classification in the R-2 One-family Dwelling District of the Village Zoning 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 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 Validily., 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 R-2 One- family Dwelling District, as contemplated in this Agreement. No portion of the Property shall be disconnected from the Village without the prior written consent of its Corporate Authorities. 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 Ordinance shall be recorded at the Lake County Recorder's Office along with 3 the Plat of Annexation (attached hereto as EXHIBIT B). 4. Enactment of Zoning, Ordinance. Within twenty-one (21) days after the passage of the Annexation Ordinance, the Corporate Authorities shall enact an ordinance zoning the Property in the R-2 One-family Dwelling District subject to the restrictions further contained herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to time. S. Compliance with Applicable Ordinances. The Owner agrees to comply with all ordinances of the Village of Buffalo Grove as amended from time to time, 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. Owner shall comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as amended from time to time. Notwithstanding the foregoing, the Village shall not apply new ordinances or regulations to the Property to the extent that the ordinances or regulations would prevent use of the Property for the current single-family residence. 6. Exhibits. The following EXHIBITS, some of which were presented in testimony given by the Owner or the witnesses during the hearing held before 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. EXHIBIT A Legal Description of Property EXHIBIT B Plat of Annexation dated August 30, 2013 EXHIBIT C Plat of Survey dated November 4, 2011 7. Water Provision. Owner shall connect to the Village water system to serve the existing single-family house on the Property. The Property shall be connected to the Village water system at points recommended by the Village Engineer pursuant to a Final Engineering Plan which is subject to approval by the Village. The Owner further agrees to pay the Village 4 fees in accordance with the applicable Village ordinances at the time of issuance of the water and sanitary sewer permits. The owner agrees to accept any increases in water rates and tap-on fees provided that 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 the Property for the existing single- family residence on the Property. 8. Storm and Sanitary Sewer Provisions. The Owner shall connect to the Village's sanitary sewer system at-paints reeemmended by the Village gRgineer at s r.h time that the Village determ,i-ees sanitaFy seFviee is available to serve the PFOpeky. Said improvements shall beMade PHFSwant-te plan appFeved-by the`Village—. when-the sanitary sewer is immediately adjacent to the Property. It is understood and a reed that sanitary sewer will be available to the Property when the sewer is extended from Noah's Landing to serve the properties between Noah's Landing and the Property. For any future develo ment the Property shall connect to the Village's storm sewer system to serve the Property at such time that the Village determines storm sewer service is available to serve the Property. Said improvements shall be made pursuant to an engineering plan approved by the Village. Upon installation and acceptance by the Village through formal action by the Corporate Authorities, the Village agrees to operate and maintain that portion of the sanitary sewer and storm sewer systems that serve public streets or multiple properties. Owner agrees to operate and maintain that portion of the sanitary sewer and storm sewer systems located on the Property and not dedicated, and shall record a covenant to that effect if required by the Village. 9. Drainage Provisions. For any future development on the Property, Tthe Owner shall fully Damply with any request ef-the Village €eg+eeeF to pFeserved,-ainage standaFEIS.T The Owner shall install any steFm sewers and/eFinlets that aFe Fequired to eliMiRate Standing wa 9F GORditiGRS of emeess seggi;e«.comply with applicable stormwater regulations. 10. Security for Public and Private Site Improvements. A. In order to install the domestic water service connection Owner shall provide a 5 $1,000.00 right-of-way security. B. For any future development on the Property, -Ssecurity for public and private site improvements shall be provided in accordance with the Development Ordinance of the Village, and the Development Improvement Agreement 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. 11. Annexation Fee. For any new residential development on the Property, Owner agrees to pay an annexation fee of $700.00 per dwelling unit, which fee shall be payable pro rata at issuance of building permits. 12. Park District Donations. For any new residential development on the Property, Owner agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal code as amended from time to time regarding park donations. Owner agrees to make cash contributions to the Village for conveyance to the Buffalo Grove Park District to fulfill the obligation of the Property concerning park donations. 13. School District Donations. For any new residential development on the Property, Owner agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding library donations. 14. Conditions Concerning Parks School and Library Donation. It is understood and agreed that rooms in the residential units labeled as dens, lofts, studies or libraries on the floor plans will be counted as bedrooms for the purposes of calculating park, school and library donations, if, in the judgment of the Village, said rooms can be used as bedrooms. It is understood and agreed that the per acre land value used to computer said cash contributions may be increased from time to time, and cash contributions made at the time of building permit issuance shall be based on the land value in effect at the time of permit issuance. 6 15. Annexation to the Buffalo Grove Park District. The Owner agrees at the request of the Buffalo Grove Park District, to annex any part or all of the Property to said Park District. Said annexation shall be completed within sixty days (60) days of the request of the Park District. 16. 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 however the Owner shall not have a right to recover a judgment for monetary damages against the Village or any elected or appointed official of the Village or agent of the Village for any breach of the terms of this Agreement. The failure of any party to this Agreement to insist upon the strict and prompt performance of the terms, covenants, and conditions herein contained, or any of them shall not constitute or be construct as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant, or conditions, but the same shall continue in full force and effect. The owner of record of the Property, from time to time, shall pay the expenses (including reasonable attorneys' fees and court costs) incurred by the Village in enforcing the terms and provisions of this Agreement. 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 other provisions contained herein. 17. Term of Agreement. This Agreement is binding upon the Property, the parties hereto and their respective grantees, successors and assigns 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. This Agreement may be amended by the Village and the owner of record of a portion of the Property as to the provisions applying thereto, without the consent of the owners of other portions of the Property. The zoning regulations governing the Property shall remain those set forth in the Village's Zoning Code, as amended from time to time, and shall survive the expiration of the twenty (20) year term of this Agreement and remain in effect unless or until the zoning of the Property has been altered by the Village. 18. 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. 19. 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: Colleen Arns 23077 N. Prairie Road Prairie View, Illinois 60069 If to Village: Village Clerk Village of Buffalo Grove SO Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Tressler LLP 22 S. Washington Ave Park Ridge, IL 60068 20. Special Conditions. A. It is understood and agreed that the Property does not meet the standards of the R-2 District as set forth in Section 17.40.020.B. of the Buffalo Grove Zoning Ordinance concerning the front yard setback of the existing single-family house. Any additions or modifications to the existing buildings and structures on the Property, and any new buildings or structures, are subject to review and approval by the Village. B. It is understood and agreed that the Property is a single zoning lot. Any development of the Property shall be in accordance with the Buffalo Grove Development Ordinance and Zoning Ordinance. 8 C. The Owner agrees that the Village shall have the right and authority to inspect installation of water service on the Property to ensure compliance with applicable Village codes. D. All water wells on the Property shall be properly sealed as required by the Illinois Department of Public Health and as approved by the Village Health Officer. The owner agrees to contract to have the private water well sealed in accordance with the State of Illinois code. A copy of the contract shall be submitted to the Village as part of the requirement for the water permit. The property owner shall insure that the water well is properly sealed within thirty (30) days of connection of the property to the Village of Buffalo Grove water supply. Owner agrees that the Village shall have the right and authority to inspect the septic system on the Property to verify that all interior plumbing and waste water is routed properly and discharged according to code and that the septic system is functioning properly. Any future abandonment of septic sewer facilities shall be subject to review and approval by the Village. E. It is understood and agreed that upon annexation the Property shall use the street address issued by the Village to ensure proper identification for provision of services. Owner shall use said Village address in place of any addresses assigned by Lake County. Owner shall contact the Buffalo Grove Post Office to request delivery of mail to the address assigned by the Village. F. Owner shall pay the Village the amount necessary to reimburse the Village for any real estate tax payments made by the Village to the Lincolnshire Fire Protection District concerning the Property pursuant to Public Act 91-307 (70 ILCS 705/20). Said payment by Owner, as determined by the Village, may be made in five equal annual installments. The first payment by the Owner shall be made within sixty (60) days of the date of this Agreement. G. It is understood and agreed that Prairie Road adjacent to the Property is designated as a collector street on the Village's official transportation map, and a right-of-way of 80 feet is the Village standard for a collector street. In the event that the Property is redeveloped for any new principal building or if the existing single family residence is expanded 9 Property. IN WITNESS WHEREOF, the Corporate Authorities and 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 gy a JE RE R IMAN, Village President ATTEST: By LAGE CLERK OWNER: J- CoWee'n Arns This document was prepared by: Robert E. Pfeil,Village Planner, Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 10 50 Raupp Boulevard Buffalo Grove, IL 60089 11 EXHIBIT A Legal Description Colleen Arns Property 23077 N. Prairie Road; 23089 N. Prairie Road and 16471 W. Brockman Ave Parcel 1: Lots 11 & 12 and that part of the west half of the vacated alley lying east of and adjoining said Lots 11 &12 all in Block 2 in Sprague's Subdivision, being a subdivision of part of the southwest quarter of the southeast quarter of Section 16, Township 43 North, Range it East of the Third Principal Meridian according to the plat thereof recorded August 8, 1887 as Document 36073 in Book A of Plats, Page 66, in Lake County, Illinois. Parcel 2: Lots 5 & 6 and that part of the east half of the vacated alley lying west of and adjoining said Lots 5 &6 all in Block 2 in Sprague's Subdivision being a subdivision of part of the southwest quarter of the southeast quarter of Section 16,Township 43 North, Range 11 East of the Third Principal Meridian according to the plat thereof recorded March 12, 1898 as Document 70369 in Book D of Plats, Page 60, in Lake County, Illinois. Commonly known as 23077 N. Prairie Road, 23089 N. Prairie Road and 16471 W. 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