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2004-095 5738445 9/7/2004A FILED FOR RECORD BY: MARY ELLEN VANDER►,1ENTER LAKE COUNTY: IL RECORDER 02/23/2005 - 02:24:40 P.M. RECEIPT IT: 209853 DRAWER t: 20 ORDINANCE NO. 2004 -95 AN ORDINANCE APPROVING AN AMENDMENT TO THE ANNEXATION AGREEMENT FOR DEERFIELD BAKERY 201 Buffalo Grove Road Modification of access easements WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the Corporate Authorities of the Village of Buffalo Grove enacted Ordinance No. 91-20 approving an Annexation Agreement dated February 19, 1991 for the Property legally described in Exhibit A hereto; and, WHEREAS, Chicago Title and Trust Company as Trustee under Trust No.1093535 dated August 17, 1989,as Owner of the Property,has requested that the Corporate Authorities amend said Annexation Agreement concerning the requirement to provide access easements on the Property; and, WHEREAS, Owner has agreed to modification of the access easements on the Property as set forth in the Amended Annexation Agreement dated October 4,2004 and pursuant to the exhibit attached to said amended Agreement; and, WHEREAS, proper and due notice of the public hearing concerning said amendment of t the Annexation Agreement has been given and the public hearing was held; and, 1 �l .y WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove o f 2 approve said amendment to the Deerfield Bakery Revised Amended Annexation Agreement 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 preceding Whereas clauses are hereby made a part of this Ordinance. Section 2. The Amended Annexation Agreement dated October 4, 2004, a copy of which is attached hereto and made a part hereof as Exhibit B, is approved. Section 3. The Village President and Clerk of the Village are hereby authorized to execute said Amended Annexation Agreement on behalf of the Village of Buffalo Grove. Section 4. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 6—Braiman Glover Berman Johnson, Kahn, Trilling NAYES: 0—None ABSENT: 0 - None PASSED: October 4 2004 APPROVED: October 4, 2004 ATTEST: APPROVED: Vif�4e-clerk ELLOITT HARTSTEIN, Village President T leis document was-prepared by: Robert E. Pfeil, Village Planner, Village of Buffalo Grove r,. 50 Raupp Boulevard Buffalo Grove, IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 5738445 3 EXHIBIT A Legal Description Deerfield Bakery, 201 Buffalo Grove Road Lot 2 in Buffalo Grove Town Center Unit 6,being a resubdivision of Lots 1 and 3 in Buffalo Grove Town Center Unit 5, and part of the southwest quarter of Section 33,Township 43 North,Range 11 East of the Third Principal Meridian in Lake County, Illinois. 5�38445 9/28/2004— WGR EXHIBIT "B" AMENDMENT TO THE ANNEXATION AGREEMENT FOR DEERFIELD BAKERY This agreement made and entered into this �, day of A! lAr, 2004, by and between the VILLAGE OF BUFFALO GROVE (hereinafter referred to as "Village") by and through the President and Board of Trustees of the Village (hereinafter collectively referred to as the "Corporate Authorities") and CHICAGO TITLE AND TRUST COMPANY AS TRUSTEE UNDER TRUST NO. 1093535 DATED AUGUST 17, 1989 (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, Owner is the owner of record of the real property as legally described in Exhibit A attached hereto ("Property"); and WHEREAS, the Village enacted Ordinance No. 91-20 approving an Annexation Agreement dated February 19, 1991 (hereinafter sometimes referred to as the "1991 Annexation Agreement") for the Property ; and, WHEREAS, the 1991 Annexation Agreement was recorded with the Lake County Recorder as document number 3060281; and, WHEREAS, the Village annexed the Property into its corporate boundary by Village Ordinance No. 91-21; and, WHEREAS, Paragraph 25.G. of the 1991 Annexation Agreement provided as follows: G. The Village shall determine the appropriate location for one permanent public access connection from and through the Property to the property to the property south of the Property, and at the direction of the Village Developer shall provide a public ingress-egress easement for said access. WHEREAS, a plat of subdivision entitled `Buffalo Grove Town Center Unit 6" was approved by the Village and recorded as document number 3419308 with the Lake 5'738445 County Recorder which plat of subdivision, pursuant to said Paragraph 25.G. of the 1991 Annexation Agreement, reflected thereon two (2) "Proposed Future Access Easement" with the following note: "Note: Owners shall provide one (1) access easement pursuant to Annexation Agreement recorded as document number 3060281 which said easement shall be provided when required by the Village of Buffalo Grove and shall be located as directed by the Village of Buffalo Grove"; and WHEREAS,the Village and the Owner have agreed to amend Paragraph 25.G. of the 1991 Annexation Agreement to delete the requirement for a "public access connection" and in lieu thereof to require a pedestrian access easement over the Property; and, WHEREAS, Turnberry L.L.C., the developer of the Turnberry Subdivision, which is located south of the Property, has agreed that the Turnberry homeowner's association shall maintain the pedestrian access easement which easement is depicted on Exhibit B hereto, and, WHEREAS, the Village Board has held a public hearing for an amendment to the 1991 Annexation Agreement; and, WHEREAS,the Village President and Board of Trustees after due and careful consideration have concluded that an amendment to the 1991 Annexation Agreement on the terms and conditions herein set forth 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. That the preceding Whereas clauses are incorporated herein. 2. Paragraph 25.G. of that certain annexation agreement dated February 19, 1991 approved by Village Ordinance No. 91-20, be and is hereby amended to read as follows: 25. Special Conditions G. Owner shall execute that Grant of Easement for pedestrian access over the Property, which Grant of Easement is set forth on Exhibit B to the Amended Annexation Agreement. 3. The"Proposed Future Access Easements" as reflected on the Plat of 2 5738445 � Subdivision of Buffalo Grove Town Center Unit 6, recorded as document number 3419308 shall not be enforceable by the Village and are hereby held for naught. 4. This Amendment to the 1991 Annexation Agreement is subject to and shall become effective upon the execution and recording of the Grant of Easement in substantially the form attached hereto as Exhibit B and as approved by the Village. 5. The Village will coordinate with Turnberry L.L.C. to insure appropriate maintenance obligations of the pedestrian access easement are the responsibility of the Turnberry homeowner's association. 6. The provisions and requirements of the Annexation Agreement dated February 19, 1991 as approved by Village Ordinance No. 91-20 remain in full force and effect on the Property unless specifically modified by this Amendment to said Annexation Agreement . 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. VILLA BUFFALO GROVE By ELLIOTT HARTSTEIN, Village President ATTEST: By___, MLLAGE CLERK OWNER:CHICAGO TITLE AND TRUST COMPANY AS TRUSTEE UNDER TRUg„`I NO. 1093535 DATED AUGUST 17, 1989 ; o 6 CORPORATE SE U.I EA CLAUSZ RA Si'GNATURE AG0,1�L � 5'738445 3 This document prepared by: William Raysa Village Attorney 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 TRUSTEE'S EXCULPATION It is expressly understood and agreed by and between the parties hereto, anything to the contrary notwithstanding, that each and all of the warranties, indemnities, representations, covenants, undertakings and agreements herein made on the part of the Trustee while in form purporting to be the warranties, indemnities, representations, covenants, undertakings and agreements of said Trustee are nevertheless each and every one of them, made and intended not as personal warranties, indemnities, representations, covenants, undertakings and agreements by the Trustee or for the purpose or with the intention of binding said Trustee personally but are made and intended for the purpose of binding only that portion of the trust property specifically described herein,and this instrument is executed and delivered by said Trustee not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against CHICAGO TITLE LAND TRUST COMPANY,on account of this instrument or on account of any warranty, indemnity, representation, covenant or agreement of the said Trustee in this instrument contained, either expressed or implied,all such personal liability,if any,being expressly waived and released- 4 5'738445 EXHIBIT A Legal Description Deerfield Bakery Amended Annexation Agreement That part of the Southwest Quarter of Section 33, Township 43 North, Range 11, East of the Third Principal Meridian, in Lake County, Illinois, described as follows: Beginning at a point in the center line of McHenry road (which point is located as follows: Commencing at the intersection of the South line of Section 33, with the center line of aforesaid road, said intersection being 920 feet East of the Southwest.corner of said Section; thence North 33 degrees 40 minutes West along the center line of said road, 1025.0 feet; thence North 6 degrees 30 minutes West along the center line 247.5 feet to the place of beginning); thence East 664.27 feet; thence North 6 degrees 30 minutes West 132 feet; thence West 664.27 feet to the center of aforesaid McHenry Road;thence South 6 degrees 30 minutes East 132.0 feet to the point of beginning, (excepting therefrom that part take for Buffalo Grove Road as per Document No. 2262703), in Lake County, Illinois. The aforesaid real property is now known as: Lot 2 in Buffalo Grove Town Center Unit 6, being a resubdivision of Lots 1 and 3 in Buffalo Grove Town Center Unit 5, and part of the southwest quarter of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian in Lake County Illinois. Subject property common description: Deerfield Bakery, 201 Buffalo Grove Road, Buffalo Grove, Illinois. PIN: 15-33-304-115 5738445 s 5733445 FILED FOR RECORD BY: MARY ELLLEN VANDERVENTER LAKE OJ23120i15 ip %240 �1dER RECEIPT r: ?r1965?, DRAWER *: 20 PLAT INFORMATION SHEET NUMBER OF PLAT PAGES I SECTION TOWNSHIP RANGE CHECK TYPE OF PLAT: ❑ ANNEXATION/DISCONNECTION o CONDOMINIUM ❑ DEDICATION ❑ VACATION a—OTHER _f 0il2ow, c ❑ SUBDIVISION (enter subdivision name on line below) IF THE PLAT RECORDED WAS LARGER THAN 11" X 17", THE ATTACHED COPY HAS BEEN REDUCED FROM A SCANNED IMAGE. PLAT IMAGES ARE ALSO AVAILABLE ON MICROFILM. TO REQUEST MORE INFORMATION CALL (847) 377-2678 U:\Forms\Plat Information Coversheet for Scanning.doc Revised:August 5,2003 3:00 PM STATE OF ILLINOIS ) ss. COUNTY OF COOK ) CERTIFICATE 1,Janet M. Sirabian,certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove,Cook and Lake Counties,Illinois. I further certify that on September 13, 2004, the Corporate Authorities of the Village passed and approved Ordinance No. 2004-95 entitled: AN ORDINANCE AMENDING ANNEXATION AGREEMENT, DEERFIELD BAKERY, 201 BUFFALO GROVE ROAD provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2004-95, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing October 51 2004, and continuing for at least ten days thereafter. Copies of such Ordinance were also available, for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 5th day of October,2004. Villag lerk By