2008-08-04 - Ordinance 2008-057 - APPROVING ANNEXATION AGREEMENT FOR 20263 WEILAND RD 8/4/2008
ORDINANCE NO. 2008 -57
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR
The Bajwa Property
20263 N.Weiland 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 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.
P
7-23-08A/ 12-1-08
ANNEXATION AGREEMENT
20263 N. Weiland Road
Prairie View, Illinois 60069-9733
Bajwa Property
This agreement(hereinafter referred to as the"Agreement")made and entered into this 19th
day of May, 2008, 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 Parminder Bajwa and Sukhwinder Bajwa(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 1.1 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 1.1
acres, is attached hereto as EXHIBIT B; and,
WHEREAS, Owner desires to annex the Property pursuant to the provisions and regulations
applicable to the Residential-Estate("RE") 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
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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 President and Board of Trustees
of the Village held a public hearing with respect to the requested zoning classification in the
Residential Estate 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 Validity. 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-E 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.
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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 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-E 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.
5. 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 April 11, 2008
EXHIBIT C Plat of Survey dated March 19, 1998
EXHIBIT D Code Corrections dated April 25, 2008
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7. Water Provision. Owner shall connect to the Village water system to serve the
current use 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 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 points recommended by the Village Engineer pursuant to a Final
Engineering Plan which is subject to approval by the Village. The Village agrees to cooperate with
the Owner and to use best efforts to assist the Owner in obtaining permits from agencies having
jurisdiction, including the Lake County Department of Public Works and the Lake County
Department of Transportation as may be necessary to authorize connection to the Lake County
sanitary sewer system.
The Owner shall construct on-site and off-site sanitary sewers as may be necessary to serve
the Property, pursuant to a Final Engineering Plan which is subject to approval by the Village. Upon
installation and acceptance by the Village through formal action by the Corporate Authorities, the
Village agrees to operate and maintain said sewer lines, except for sanitary sewer service
connections.The Owner agrees to accept any increases in sewer rates and fees, provided that such
rates and fees are applied consistently to all similar users in the Village to the extent possible.
The Property shall connect to the Village's storm sewer system to serve the Property as
determined by the Village. The Owner shall construct any storm sewers necessary to serve the
Property pursuant to a Final Engineering Plan which is subject to approval by the Village. Upon
installation and acceptance by the Village through formal action by the Corporate Authorities, the
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Village agrees to operate and maintain that portion of the storm sewer system that serves public
streets or multiple properties.Owner agrees to operate and maintain that portion of the storm sewer
system located on the Property and not dedicated, and shall record a covenant to that effect if
required by the Village.
9. Draina a Provisions. The Owner shall fully comply with any request of the Village
Engineer to preserve drainage standards. The Owner shall install any storm sewers and/or inlets
that 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.
10 Securit for Public and Private Site Improvements. Security 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. 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
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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.
12. 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.
13 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.
14. 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: Parminder& Sukhwinder Bajwa
20263 N. Weiland Road
Prairie View, Illinois 60069-9733
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
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Copy to: William G. Raysa, Esq.
Raysa & Zimmermann, LLC.
22 S. Washington Ave
Park Ridge, IL 60068
15. Special Conditions.
A. It is understood and agreed that 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. The Owner shall make the code corrections to the Property as set forth in Exhibit D
hereto. The Owner agrees that the Village shall have the right and authority to enforce Village
ordinances on the Property for any items listed on Exhibit D that have not been completed and
approved by the Village within the time frames set forth in Exhibit D.
C. 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.
D. Owner represents and warrants that the only mortgagee, lien holder or holder of any
security interest affecting title to the Property or any part thereof is Charter One Bank by its written
approval of this Agreement acknowledges that this Agreement is superior to its security interest in
the Property.
E. Owner shall deposit with the Village the amount necessary to reimburse the Village
for any real estate tax payments made by the Village to the Long Grove Fire Protection District
concerning the Property pursuant to Public Act 91-307 (70 ILCS 705/20). Said deposit, as
determined by the Village, shall be made by the Owner within sixty (60) days of the date of this
Agreement.
F. Any development of the portion of the Property known as 20263 N.Weiland Road is
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subject to approval by the Village in its sole discretion. It is understood and agreed that the Property
is a single zoning lot.
G. 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.
H. The Owner hereby indemnifies and holds the Village harmless from any action or
causes of action which may arise relating to the annexation, zoning and development of the
Property.
I. Well and septic facilities and underground tanks. All water wells and septic sewer
facilities on the Property shall be properly sealed or pumped and filled as required by the Illinois
Department of Public Health and as approved by the Village Health Officer.
Any underground tanks shall be removed as permitted and approved by the Illinois State Fire
Marshal. Said sealing and removing of wells, septic facilities and underground tanks shall be
completed on a schedule as directed by the Village.
J. Right of Way Dedication. The Owner 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 of any
portion of the Property, Owner agrees to dedicate such additional right-of-way along Weiland Road
as may be required to permit the widening of Weiland Road to sixty (60) feet from the center line.
Owner shall provide to the Village a Plat of Subdivision for the Property prior to connection to
the Village water supply or the Village sanitary sewer system, which ever is first to occur.
K. Right of Way Improvement. Owner shall pay to the Village, $6,500 for 1,300 square
feet of sidewalk, and $1,800 for four (4) parkway trees for a total of$8,300, to be installed as part
future improvements to Weiland Road. Owner shall make the foregoing payment to the Village in
five equal installments of$1,660.00,to be paid by December 31 st each year with the first installment
due by December 31, 2008. The obligations of this Section shall be a lien upon the Property until
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paid in full. Any installment not paid when due shall bear interest at the rate of 6% per annum.
L. Cost Recovery Escrow. Owner shall comply with the requirements of Section
3.06.040 of the Buffalo Grove Municipal Code regarding recovery of village costs except that the
initial escrow deposit shall be $ 1,000.00.
M. Within six(6)months of annexation of the Property to the Village the Owner shall (i)
construct the sanitary sewer, storm sewer and water lines as set forth in Sections 7 and 8 of this
Agreement; and (ii) connect the Property and the structures thereon to said sanitary sewer, storm
sewer and water lines.
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11/30/2008 11:04 18474597906 VILLAGE OF BUFF GRV PAGE 08/10
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
By
ELLIOTT HARTSTEIN, Village President
ATTEST: 1/7
ILLAGE CLERK
YK
OWNER--
OWNER,
U- C �- y-
Sukhwinder Bajwa
CHARTER ON ANK
By,
Steve Fine
OFFICIAL.SEAL
Mail to: COLLEEN K AFM
Village Clerk NOTARY KOLA WME OF LLMOM
Village of Buffalo Grove my Dmwdsdm 7/2812012
50 Raupp Boulevard
Buffalo Grove, IL 60089Cd'
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I
10
3
Exhibit A
Legal Description
Bajwa property
20263 N. Weiland Road
Lot 5 (except that part of Lot 5 lying south of the north 80 rods of the northwest quarter of
the southeast quarter of Section 33, noted below) described as follows: commencing at the
southwest corner of said Lot 5, thence east along the south line of said Lot 5, 430.12 feet,
thence north 130.0 feet, thence west parallel to and 130.0 feet north of the south line of
said Lot, 390.24 feet to a point on the westerly line of said Lot 5, thence southwesterly
along said westerly line 130.0 feet to the point of beginning in Prairie View Acres,being a
subdivision of part of the east 60 rods of the north 80 rods of the west half of the southeast
quarter of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian
according to the plat thereof recorded December 9, 1955 as Document 891499 in Book
1405 of Records,Page 196, in Lake County, Illinois.
PIN: 15-33-402-025
SUBJECT PROPERTY COMMON DESCRIPTION: 20263 N. Weiland Road, Prairie
View, IL.
Location Map : 20263 Weiland Rd
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Site
Map prepared by the Division of Planning Services,7/14/2008
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13