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2000-071 12/04/00 ORDINANCE 2000 - 71 SEVENTEENTH AMENDMENT TO THE TOWN CENTER PLANNED UNIT DEVELOPMENT ORDINANCE BELMONT VILLAGE ASSISTED LIVING FACILITY AND CULVER'S RESTAURANT (Parcel of 6.12 acres north of Town Place Circle/Parkway between Buffalo Grove Road and Illinois Route 83) An Ordinance Amending Ordinance No.2000-43 entitled "Sixteenth Amendment to the Town Center Planned Unit Development Ordinance, Belmont Village Assisted Living Facility for the elderly and commercial outlot" 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, Buffalo Grove Joint Venture, an Indiana General Partnership (hereinafter referred to as the "Owner"), is the owner and BelmontCorp, a Delaware corporation (hereinafter referred to as the "Developer"), is the contract purchaser of a certain tract of property(hereinafter referred to as the "Property") comprising approximately 6.12 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 within the corporate limits of the Village;and, WHEREAS, the Property has been further defined in the legal descriptions attached hereto as EXHIBIT A-1, which exhibit is made a part hereof, to identify Parcel A (4.5 acres proposed for the Belmont Village Assisted Living Facility) and Parcel B (1.62-acre "Outlot" proposed for commercial/restaurant use);and, 12/04/2000 ORDINANCE 2000 - 71 SEVENTEENTH AMENDMENT TO THE TOWN CENTER PLANNED UNIT DEVELOPMENT ORDINANCE BELMONT VILLAGE ASSISTED LIVING FACILITY AND CULVER'S RESTAURANT (Parcel of 6.12 acres north of Town Place Circle/Parkway between Buffalo Grove Road and Illinois Route 83) TABLE OF CONTENTS Page 1. Applicable Law......................................................................•......................4 2. Approval of Culver's PrelingnM Plans.........................................................4 3. Approval of Phasing Plan..............................................................................4 4. Conditions for Construction of Assisted Living Facility and Restaurant.........5 5. Construction of Assisted Living Facility .......................................................6 6. Conditions for the Restaurant........................................................................6 7. Compliance with Applicable Ordinances. ......................................................7 8. Amendment of Culver's Preliminary Plans. ...................................................7 9. Exhibits........................................................................................................8 10. Facilitation of Development. ........................................................................9 11. Enforceability of the Ordinance.....................................................................9 12. Binding Effect of Ordinance..........................................................................9 13. Corporate Capacities. ...................................................................................9 14. Litigation.................................................................................................... 10 15. Special Conditions...................................................................................... 10 16. Effect......................................................................................................... 12 2 WHEREAS, the Property was zoned as part of the Office Sub-District of the B-5 Town Center Planned Unit Development District by Ordinance 86-61, dated November 3, 1986;and, WHEREAS, the Property was zoned as part of the Commercial/Recreational Sub-District of the B-5 Town Center Planned Unit Development District by Ordinance 97-22, dated March 3, 1997; and, WHEREAS, the President and Board of Trustees of the Village (sometimes hereinafter referred to as the "Corporate Authorities"), on August 7, 2000, adopted Ordinance 2000-43, which redesignated Parcel A(4.5 acres) of the Property to the Residential Sub-District of the B-5 Town Center Planned Unit Development District and approved a Preliminary Plan for the Property, including variations from the Village Development Ordinance and Zoning Ordinance, subject to: (i) the conditions contained in said Ordinance 2000-43; (ii) compliance with all applicable ordinances of the Village of Buffalo Grove as amended from time to time; (iii) the condition that the Property be developed in accordance with the Preliminary Site Plan attached to Ordinance 2000-43 as EXHIBITS C and D (hereinafter referred to as the "Preliminary Site Plan") and the other exhibits attached to said Ordinance 2000-43; and (iv) the requirements set forth in said Ordinance 2000-43 with respect to the development of Parcel B (Outlot);and, WHEREAS, the Developer proposes to construct a 158-unit assisted living facility (hereinafter referred to as the "Assisted Living Facility") on Parcel A pursuant to the Preliminary Site Plan, approved as EXHIBIT C to Ordinance 2000-43 and the Preliminary Engineering Plan approved as EXHIBIT D to Ordinance 2000-43; and, WI-IEREAS, a condition of Section 4. of Ordinance 2000-43 is that Parcel B of the Property (the "Outlot") be improved with a Culver's restaurant (hereinafter referred to as the "Restaurant") or other commercial use approved by the Corporate Authorities having a floor area not to exceed 8,000 square feet, that the developer of the Restaurant apply for and obtain preliminary plan and development plan approval from the Corporate Authorities in accordance with the Village Zoning Ordinance and Village Development Ordinance prior to commencing construction of the Restaurant and that the developer of the Outlot submit a detailed site plan and 3 engineering plan to the Village for review by the Plan Commission and approval by the Corporate Authorities, as required by the Village Zoning Ordinance and Village Development Ordinance prior to commencing construction of the Restaurant; and, WHEREAS, KMW Development, an Illinois corporation (hereinafter referred-to as the "Outlot Developer"), in furtherance of the development of the Outlot and the construction of the Restaurant, has submitted to the Village the following plans (hereinafter collectively referred to as the "Culver's Preliminary Plans"): Preliminary Plan dated as last revised August 16, 2000 attached hereto as EXHIBIT D, Preliminary Engineering Plan dated as last revised August 21, 2000 attached hereto as EXHIBIT E, and all other exhibits attached hereto or incorporated by reference herein; and, WHEREAS, pursuant to due notice and advertisement, the Plan Commission of the Village has held a public hearing and made its recommendations pursuant to the requested approvals of the Culver's Preliminary Plans; and, WHEREAS,the Corporate Authorities have determined and hereby find that the Culver's Preliminary Plans conform to the requirements of Ordinance 2000-43 and all applicable provisions of the Village Zoning Ordinance and Village Development Ordinance;and, WHEREAS, the Developer, subsequent to the date of adoption of Ordinance 2000-43, has submitted to the Village a phasing plan (proposing construction of 122 units in phase 1 and 36 units in phase 2) for the construction of the Assisted Living Facility, a copy of which is attached hereto as EXHIBIT B and made a part hereof(hereinafter referred to as the "Phasing Plan");and, WHEREAS, the Corporate Authorities, after due and careful consideration, have determined that it would serve the best interests of the Village to approve the Culver's Preliminary Plans, to provide for the Developer's construction of the Assisted Living Facility in two phases as set forth on the Phasing Plan, and to amend the provisions of Ordinance 2000-43 in the manner hereinafter set forth. 4 NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,ILLINOIS AS FOLLOWS: 1. Applicable Law. This Ordinance is made pursuant to and in accordance with the Village Zoning Ordinance, Village Development Ordinance and the Village's powers as a Home Rule Unit of government. The preceding whereas clauses are hereby made a part of this Ordinance. 2. Approval of Culver's Preliminary Plans. The Corporate Authorities hereby approve (i) a Special Use for the Culver's restaurant with a drive-through facility on Parcel B and (ii) the Culver's Preliminary Plans pursuant to the provisions of the Village Development Ordinance and Ordinance 2000-43. The Corporate Authorities agree to approve a Development Plan (including a plat of subdivision) for the development of the Outlot and the construction of the Restaurant based on final versions of the Culver's Preliminary Site Plan and the Culver's Preliminary Engineering Plan provided that the Culver's Development Plan shall: (A) conform to the approved Culver's Preliminary Plans(EXHIBITS D and E),and (B) conform to the terms of this Ordinance, Ordinance 200043 and all applicable Village Ordinances as amended from time to time, and (C) conform to the approved Development Improvement Agreement (EXHIBIT C) as amended from time to time. 3. Approval of Phasing Plan. The Corporate Authorities hereby approve the Phasing Plan proposing construction of 122 units in phase 1 and 36 units in phase 2 as depicted on EXHIBIT B attached hereto pursuant to the provisions of the Village Development Ordinance. The Developer agrees to construct the Assisted Living Facility in two phases, as set forth on the Phasing Plan. Notwithstanding the foregoing, (i) the Developer shall have the right to construct the Assisted Living Facility in a single phase if the Corporate Authorities subsequently approve such single phase construction, which approval shall not require an amendment to this Ordinance, Ordinance 200043 or Ordinance 86-61; and (ii) nothing contained herein shall 5 obligate the Developer, following construction of phase I of the Assisted Living Facility, to proceed with phase 2 of such facility. 4. Conditions for Construction of Assisted Livin Facilitr and Restaurant. As conditions precedent to the issuance of building permits for both the Developer's construction of the Assisted Living Facility on Parcel A pursuant to the Development Plan referenced in Paragraph 3 of Ordinance 2000-43 and for the Outlot Developer's construction of the Restaurant on Parcel B pursuant to the Culver's Final Plans, either the Developer or the Outlot Developer shall have first secured (unless the Corporate Authorities shall have waived the same as conditions precedent): (i) a permit from the Illinois Environmental Protection Agency ("IEPA") to relocate the sanitary sewer that presently exists on Parcel B so that the Restaurant can be constructed in the manner depicted on the Culver's Preliminary Site Plan, (ii) in the event the Developer and the Outlot Developer are unable to secure such permit from the IEPA, approval by the Corporate Authorities of a revised preliminary site plan and a revised preliminary engineering plan for the Restaurant that does not require the relocation of said sanitary sewer, and ui the Illinois Department of Transportation ("IDOT") permit referenced in Paragraph 21(N) of Ordinance 2000-43 approving the final intersection design plans for the IL Route 83 (McHenry Road) point of access into the Property depicted on the Preliminary Plans. The Developer and/or the Outlot Developer shall apply to the IEPA and to IDOT for issuance of the aforesaid permits within six (6) months of the date of this Ordinance and thereafter diligently pursue the issuance of such permits by such state agencies. If the Developer and/or the Outlot Developer are unable to secure the aforesaid permit from the IEPA and the Corporate Authorities have failed to approve the aforesaid revised preliminary site plan and revised preliminary engineering plan for the Restaurant and as a result thereof the Outlot Developer elects not to acquire title to the Outlot, then the Developer, at the request of the Corporate Authorities (provided the Corporate Authorities have not approved an alternate commercial use for the Outlot) and as a condition precedent to the issuance of building permits for the construction of the Assisted Living Facility, shall cause fee simple title to the Outlot to be conveyed to the 6 Village and the Village shall be entitled to facilitate the development of the Outlot to offset the financial impact on the Village that will result from the construction of the Assisted Living Facility on Parcel A of the Property. 5. Construction of Assisted Living Facility. Paragraph 21(0)of Ordinance 2000-43 is hereby amended to provide that the Developer shall commence construction of the Assisted Living Facility within six(6) months of the latter to occur of(i)the date the last of the conditions precedent set forth in Paragraph 4. above has been satisfied, or (ii) the date of approval of the Development Plan referenced in Paragraph 3. of Ordinance 2000-43, except that the Corporate Authorities may extend said six (6) month time frame without an amendment to this Ordinance, Ordinance 2000-43 or Ordinance 86-61. In the event that the Belmont Village Assisted Living Facility is not constructed, or if said facility is constructed and then ceases to operate for a period of one year,then Parcel A shall revert to the office Sub-district of the B-5 District as set forth in Ordinance 86-61. Said reversion shall take effect only after an affirmative vote of a majority of the Corporate Authorities. 6. Conditions for the Restaurant. Paragraph 5 of Ordinance 2000-43 is hereby amended to read as follows: The Outlot Developer shall apply to the Village for approval of the Culver's Final Plans within six(6) months of the date of this Ordinance and commence construction of the Restaurant within six(6) months of the latter to occur of: (i) the date the last of the conditions precedent set forth in Paragraph 4. above has been satisfied, or (ii) the date of the Village's approval of the Culver's Final Plans, except that the Corporate Authorities may extend said six (6) month time frames without amendment to this Ordinance, Ordinance 2000-43 or Ordinance 86-61. In the event the Outlot Developer fails to obtain a certificate of occupancy and fails to open for business as a restaurant within six (6) months after the date of the issuance of the first Village permit for construction of the Restaurant building, and if the Corporate Authorities have not extended said six (6) month time frame (which extension shall not require an amendment to this Ordinance, Ordinance 2000-43 or Ordinance 86-61) and if the Corporate Authorities have 7 not approved another use of the Outlot proposed by Developer,then the Outlot Developer (or the Developer if the Outlot Developer does not then own fee simple title to the Outlot), at the request of the Corporate Authorities, shall cause fee simple title to the Outlot to be conveyed to the Village (free of any liens or encumbrances) and the Village shall be entitled to facilitate the development of the Outlot to offset the financial impact on the Village that will result from the construction of the Assisted Living Facility on Parcel A of the Property. Uses allowed on the Outlot shall be compatible with adjacent residential areas as determined by the Village, and said.uses shall not include gas stations, automotive repair and maintenance operations, equipment rental operations, dry cleaning establishments or public utility structures. 7. Coliance with Applicable Ordinances. The Developer and the Outlot mp Developer will comply with all ordinances of the Village as amended from time to time in the development of the Property, provided that all new ordinances, amendments, rules and regulations relating to zoning, building and subdivision of land adopted after the date of Ordinance 2000-43 shall not be applied to the Property in an arbitrary or discriminatory manner but shall be equally applicable to all property similarly zoned and situated. Notwithstanding the foregoing,the Village shall not apply new ordinances or regulations to the Property to the extent that the ordinances or regulations will prevent development of the Property as set forth in the Preliminary Plan approved by Ordinance 2000-43 or as set forth in the Culver's Preliminary Plans approved by this Ordinance. 8. Amendment of Culver's Preliminary Plans. If the Outlot Developer desires to make changes in the Culver's Preliminary Plans, as herein approved, the parties agree that such changes in the Culver's Preliminary Plans will require, if the Village so determines, the submission of amended plats or plans, together with proper supporting documentation, to the Village Plan Commission and/or the Corporate Authorities to consider such changes to this Ordinance. The Corporate Authorities may, in their sole discretion, require additional public hearings and may review the commitments of record contained in this Ordinance, including but 8 not limited to fees, prior to final consideration of any change in the Culver's Preliminary Plans. The Village Manager is hereby authorized to approve such minor changes as he deems appropriate, provided that no such changes increase the total ground area covered by buildings by more than two (2)percent. 9. Exhibits. The following EXHIBITS, some of which were presented in testimony given by the Outlot Developer or other witnesses during the hearings held before the Plan Commission and the Corporate Authorities prior to the execution of this Ordinance, are hereby incorporated by reference herein, made a part hereof and designated as shown below. This Ordinance, together with copies of all EXHIBITS, shall be kept on file with the Village Clerk and be available for inspection by the parties hereto. EXHIBIT A Legal Description EXHIBIT A-1 Legal Description — Parcel A (Assisted Living) and Parcel B (Outlot) EXHIBIT B Phasing plan for Belmont Village Assisted Living facility dated as received November 16, 2000 proposing 122 units in phase 1 and 36 units in phase 2 EXHIBIT C Culver's Development Improvement Agreement (draft form, not executed) EXHIBIT D Culver's Preliminary Plan (Conceptual Site Plan) dated as last revised August 16, 2000 by Allen L. Krawcower and Associates EXHIBIT E Culver's Preliminary Engineering Plan dated as last revised August 21,2000 by Cowhey Gudmundson Leder,Ltd. EXHIBIT F Master Landscape Plan dated August 11, 2000 by Hohlfelder Landscaping EXHIBIT G Culver's Architectural Elevations dated November 10, 2000 prepared by Richard L. Johnson Associates,Inc. EXHIBIT H Color rendering (11xl7-inch) of Culver's restaurant 9 EXHIBIT I Material List for Culver's Restaurant, Rte 83 Buffalo Grove (no date) EXHIBIT J Culver's floor plan (l l xl 7-inch) dated as last revised December 12, 1999 by Koziol Engineering Services 10. Facilitation of Development. Time is of the essence of this Ordinance, and all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed that the successful consummation of this Ordinance and the development of the Property is in the best interests of all the parties and requires their continued cooperation. The Developer and the Outlot 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 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 Ordinance. 11. Enforceability of the Ordinance. This Ordinance 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 conditions herein described. If any provision of this Ordinance is held invalid, such provisions shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 12. Binding Effect of Ordinance. This Ordinance shall be binding upon the Property, the parties hereto and their respective grantees, successors and assigns. 13. Corporate Capacities. The parties acknowledge and agree that the individuals that are members of the group constituting the Corporate Authorities are enacting this Ordinance in their official capacities as members of such group and shall have no personal liability in their individual capacities. 10 14. Liti ag tion. A. The Outlot Developer, at its cost, shall be responsible for any litigation that may arise as a result of the development of the Outlot or the construction of the Restaurant. The Outlot Developer shall cooperate with the Village in said litigation, but the Outlot Developer's counsel will have principal responsibility for such litigation. B. The Outlot Developer shall reimburse the Village for reasonable attorneys' fees, expenses and costs incurred by the Village resulting from litigation relating to the development of the Outlot, the construction of the Restaurant or the enforcement of any terms of this Ordinance upon a default by the Outlot Developer or its grantees, successors or assigns. C. The Outlot Developer hereby indemnifies and holds the Village harmless from any actions or causes of action that may arise as a result of development activities for which the Outlot Developer is responsible. 15. Special Conditions. A. The following variation to the Village Zoning Ordinance is hereby granted for Parcel B (the Outlot): Section 17.44.060.D.1.j. —to allow a paved area to encroach into the required 20-foot landscaped buffer area along Illinois Route 83 as depicted in EXHIBIT D attached hereto. B. The Preliminary Plan (EXHIBIT D) and Preliminary Engineering Plan (EXHIBIT E) shall be revised as approved by the Village concerning the following items: 1. The pedestrian crosswalk between the Belmont site (Parcel A) and the Culver's site (Parcel B) shall be re-located to the intersection at Town Place Parkway. 2. The triangular curbed island and curbing recommended by the Village traffic consultant as set forth in the memo dated August 31, 2000 from Thomas Adomshick of James J. Benes and Associates, shall be installed adjacent to the entry to the Culver's drive- through lane as approved by the Village Engineer. 3. An accessible travel path shall be provided from the sidewalk adjacent to Parcel B to the entrance to the Culver's restaurant. The location of said travel path is subject to approval by the Village. C. A final landscaping plan for Parcel B shall be submitted for review and approval by the Village Forester. Additional landscape screening shall be 11 provided along the west side of the site if determined to be feasible by the Village Forester. D. If the Village determines that the lane markings for the intersection of the access road and IL Route 83 need to be modified to properly control traffic movements, the Village shall have the right to make said modifications pursuant to authorization from the Illinois Department of Transportation. E. The Culver's restaurant shall minimize sound and odor impacts on adjacent properties. Sound from speakers and similar equipment shall not be audible beyond the lot lines of Parcel B. If the Village determines that signs are necessary to control sound from vehicles on Parcel B, the Outlot Developer shall install said signs at the direction of the Village. Cooking processes, storage of supplies and materials and waste management shall be managed to minimize any odors from affecting properties adjacent to Parcel B. In the event that the Village determines that odors from the Culver's restaurant are present on adjacent properties, the Outlot Developer shall mitigate odors immediately as directed by the Village. F. The gates on the trash dumpster enclosure shall remain closed except when the area is being serviced or when refuse is being deposited therein. G. Deliveries and pick-ups of supplies, and the hours of operation for the Culver's restaurant shall be scheduled to be compatible with adjacent residential areas. If the Village determines that a formal schedule is necessary to ensure compatibility with adjacent residential areas, Outlot Developer shall submit a written schedule for review and approval by the Corporate Authorities. Refuse service for Parcel B shall be scheduled to occur between 7:00 AM and 5:00 PM only. H. Notwithstanding EXHIBIT H hereto, the color of the awnings shall be slate/gray blue as approved by the Village, and there shall be no color striping on the Restaurant building. I. Signage depicted on the attached EXHIBITS is not approved by this Ordinance. Said signage or other identification element and final landscaping plans for the Property are subject to review and approval by the Corporate Authorities, and said plans shall be submitted for review prior to application for a building permit. J. The Outlot Developer shall submit a plan concerning all outdoor lights proposed for Parcel B (the Outlot), including the height and type of fixtures and daily schedule of illumination of the parking areas and exterior of the Restaurant. Said plan shall be submitted at the time of submittal of the Culver's Final Plans and said plan shall be subject to approval by the Corporate Authorities. 12 K. During the period of construction of the Restaurant and the related Parcel B (Outlot) site improvements, construction vehicles and equipment shall enter and exit the Property from Illinois Route 83 and Buffalo Grove Road, not Town Place Circle or Town Place Parkway. L. The provisions of Ordinance 86-61 and Ordinance 2000-43 remain in full force and effect for the Property unless specifically modified by this Ordinance. 16. Effect. This Ordinance shall be full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 5 - Marienthal. Braiman. Glover, Berman. Johnson NAPES: ABSENT: 1 - Hendricks PASSED: December 4 2000 APPROVED: December 4. 2000 ATTEST: APPROVED: Vil e Clerk E OTT HARTSTEIN,Village President Prepared by: William G. Raysa, Village Attorney Raysa& Skelton,P.C. 1140 Lake Street, Suite 400 Oak Park,IL 603 01-1002 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,EL 60089 13 EXHIBIT A Legal Description Belmont Village Assisted Living Facility for the elderly and Culver's Restaurant(commercial outlot) (Parcel of 6.12 acres north of Town Place Circle/Parkway between Buffalo Grove Road and Illinois Route 83) COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDAN: THENCE NORTH 89 DEGREES 58 MINUTES 47 SECONDS EAST ALONG THE NORTH LINE OF THE SOUTHWEST'/.OF SAID SECTION 33,A DISTANCE OF 193.02 FEET TO THE EASTERLY LINE OF BUFFALO GROVE ROAD PER DOCUMENT NO. 1408038, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 6 DEGREES 30 MINUTES 17 SECONDS EAST ALONG THE EASTERLY LINE OF BUFFALO GROVE ROAD, A DISTANCE OF 87.66 FEET; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE TO THE NORTHWEST,HAVING A RADIUS OF 105.00 FEET,AN ARC DISTANCE OF153.36 FEET TO A POINT OF REVERSE CURVATURE, THE CHORD OF SAID ARC HAVING A LENGTH OF 140.09 FEET AND A BEARING OF NORTH 41 DEGREES 39 NIINUTES 08 SECONDS EAST; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 95.00 FEET, AN ARC DISTANCE OF 111.06 FEET TO A POINT OF COMPOUND CURVATURE, THE CHORD OF SAID ARC HAVING A LENGTH OF 104.84 FEET AND A BEARING OF NORTH 33 DEGREES 18 MINUTES 03 SECONDS EAST; THENCE EASTERLY ALONG A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 423.50 FEET, AN ARC DISTANCE OF 655.76 FEET TO A POINT OF COMPOUND CURVATURE, THE CHORD OF SAID ARC HAVING A LENGTH OF 592.18 FEET AND A BEARING OF SOUTH 68 DEGREES 50 MINUTES 54 SECONDS EAST; THENCE SOUTHEASTERLY ALONG A CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 300.00 FEET, AN ARC DISTANCE OF 96.14 FEET TO A POINT OF TANGENCY,THE CHORD OP SAID ARC HAVING A LENGTH OF 95.73 FEET AND A BEARING OF SOUTH 33 DEGREES 40 MINUTES 12 SECONDS EAST;THENCE SOUTH 42 DEGREES 51 MINUTES 03 SECONDS EAST,A DISTANCE OF 70.54 FEET TO A POINT ON THE NORTH LINE OF LOT 2 IN BUFFALO GROVE TOWN CENTER UNIT ONE; THENCE NORTH 50 DEGREES 12 MINUTES 54 SECONDS EAST ALONG THE NORTH LINE OF LOT 2, A DISTANCE OF 198.31 FEET TO THE NORTHEAST CORNER OF SAID LOT 2, SAID POINT BEING ALSO ON THE WESTERLY LINE OF ILLINOIS ROUTE 83;THENCE NORTHWESTERLY ALONG SAID WESTERLY LINE OF ILLINOIS ROUTE 83, SAID LINE BEING A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1096.00 FEET, AN ARC DISTANCE OF 473.45 FEET TO A POINT OF TANGENCY, THE CHORD OF SAID ARC HAVING A LENGTH OF 469.77 FEET AND A BEARING OF NORTH 41 DEGREES 44 MINUTES 41 SECONDS WEST; THENCE NORTH 54 DEGREES 07 NIINUTES 12 SECONDS WEST ALONG SAID WESTERLY LINE OF ILLINOIS ROUTE 83,A DISTANCE OF 55.55 FEET TO THE EASTERLY CORNER OF LOT 1 IN AMOCO ADDITION TO BUFFALO GROVE, ACCORDING TO DOCUMENT NO. 2317012; THENCE SOUTH 64 DEGREES 48 MINUTES 23 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID LOT 1,A DISTANCE OF 280.69 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1, SAID POINT BEING ALSO ON THE EASTERLY LINE OF BUFFALO GROVE ROAD,DEDICATED BY DOCUMENT NO. 1408038;THENCE SOUTH 6 DEGREES 30 MINUTES 17 SECONDS EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 446.54 FEET TO THE POINT OF BEGINNING(EXCEPT THAT PART THEREOF FALLING IN BUFFALO GROVE TOWN CENTER UNIT 4 RECORDED FEBRUARY 7, 1991 AS DOCUMENT 2988362), IN LAKE COUNTY,ILLINOIS. 14 EXHIBIT A-1 (Page 1 of 2) Legal Description Belmont Village Assisted Living Facility for the elderly and Culver's Restaurant (Parcel of 6.12 acres north of Town Place Circle/Parkway between Buffalo Grove Road and Illinois Route 83) PARCEL A(4.5 acres) BELMONT VILLAGE ASSISTED LIVING FACILITY COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDAN: THENCE NORTH 89 DEGREES 58 MINUTES 47 SECONDS EAST ALONG THE NORTH LINE OF THE SOUTHWEST '/4 OF SAID SECTION 33, A DISTANCE OF 193.02 FEET TO THE EASTERLY LINE OF BUFFALO GROVE ROAD PER DOCUMENT NO. 1408038, SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 06 DEGREES 30 MINUTES 17 SECONDS WEST ALONG SAID EASTERLY LINE,A DISTANCE OF 446.54 FEET;TO THE WESTERLY CORNER OR LOT 1 IN AMOCO ADDITION TO BUFFALO GROVE SUBDIVISION, ACCORDING TO DOCUMENT NUMBER 2317012 THENCE NORTH 64 DEGREES 48 MINUTES 23 SECONDS EAST ALONG THE SOUTHERLY LINE OF SAID LOT 1, A DISTANCE OF 280.69 FEET TO THE EASTERLY CORNER OF SAID LOT 1, SAID POINT BEING ALSO ON THE WESTERLY LINE OF ILLINOIS ROUTE 83; THENCE SOUTH 54 DEGREES 07 MINUTES 12 SECONDS EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 327.19 FEET; THENCE SOUTH 35 DEGREES 52 MINUTES 48 SECONDS WEST, A DISTANCE OF 24.19 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 100 FEET,AND AN ARC LENGTH OF 84.87 FEET; THENCE SOUTH 12 DEGREES 44 MINUTES 46 SECONDS EAST, A DISTANCE OF 57.53 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 75.00 FEET, AND AN ARC LENGTH OF 36.05 FEET; THENCE SOUTH 14 DEGREES 47 MINUTES 48 SECONDS WEST, A DISTANCE OF 55.71 FEET TO A POINT ON A CURVE, SAID POINT BEING ALSO THE NORTH LINE OF LOT 2 IN BUFFALO GROVE TOWN CENTER UNIT ONE, ACCORDING TO DOCUMENT NUMBER 2855919; THENCE ALONG SAID NORTH LINE FOR THE FOLLOWING THREE (3) COURSES; (1) THENCE WESTERLY ALONG A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 423.50 FEET AND A CHORD BEARING OF SOUTH 85 DEGREES 47 MINUTES 41 SECONDS WEST, WITH AN ARC LENGTH OF 280.90 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHERLY ALONG A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 95.00 FEET, AND AN ARC LENTH OF 111.06 FEET TO A POINT OF REVERSE CURVATURE; THENCE WESTERLY ALONG A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 105.00 FEET, AND AN ARC LENGTH OF 153.36 TO A POINT OF NON-TANGENCY, SAID POINT BEING ON AFOREMENTIONED EASTERLY LINE OF BUFFALO GROVE ROAD; THENCE NORTH 06 DEGREES 30 MINUTES 17 SECONDS WEST ALONG SAID EASTERLY LINE, A DISTANCE OF 87.66 FEET TO THE POINT OF BEGINNING, CONTAINING 4.50 ACRES OF LAND MORE OR LESS, IN LAKE COUNTY, ILLINOIS. 15 EXHIBIT A-1 (Page 2 of 2) PARCEL B(Commercial Oatot, 1.62 acres) CULVER'S RESTAURANT COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST V4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 89 DEGREES 58 MINUTES 47 SECONDS EAST ALONG THE NORTH LINE OF THE SOUTHWEST '/.OF SAID SECTION 33, A DISTANCE OF 193.02 FEET TO THE EASTERLY LINE OF BUFFALO GROVE ROAD PER DOCUMENT NO. 1408038; THENCE NORTH 06 DEGREES 30 MINUTES 17 SECONDS WEST ALONG SAID EASTERLY LINE A DISTANCE OF 446.54 FEET TO THE WESTERLY CORNER OF LOT 1 IN AMOCO ADDITION TO BUFFALO GROVE SUBDIVISION, ACCORDING TO DOCUMENT NUMBER 2317012; THENCE NORTH 64 DEGREES 48 MINUTES 23 SECONDS EAST ALONG THE SOUTHERLY LINE OF SAID LOT 1, A DISTANCE OF 280.69 FEET TO THE EASTERLY CORNER OF SAID LOT 1, SAID POINT BEING ALSO ON THE WESTERLY LINE OF ILLINOIS ROUTE 83; THENCE SOUTH 54 DEGREES 07 MINUTES 12 SECONDS EAST ALONG SAID WESTERLY LINE A DISTANCE OF 327.19 FEET TO THE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY LINE FOR THE FOLLOWING TWO (2) COURSES; (1) THENCE CONTINUING SOUTH 54 DEGREES 07 MINUTES 12 SECONDS EAST ALONG THE LAST DESCRIBED COURSE, A DISTANCE OF 228.36 FEET TO A POINT OF CURVATURE; (2) THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1096.00 FEET, AND AN ARC LENGTH OF 200.44 FEET TO A POINT OF NON-TANGENCY, SAID POINT ALSO BEING THE NORTHERLY CORNER OF BUFFALO GROVE TOWN CENTER UNIT 4, ACCORDING TO DOCUMENT NUMBER 2988362; THENCE SOUTH 50 DEGREES 12 MINUTES 54 SECONDS WEST ALONG THE NORTHERLY LINE OF SAID UNIT 4, A DISTANCE OF 192.49 FEET TO A POINT ON A CURVE, SAID POINT ALSO BEING THE NORTH LINE OF BUFFALO GROVE TOWN CENTER UNIT ONE, ACCORDING TO DOCUMENT NUMBER 2855919, THENCE WESTERLY ALONG A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 423.50 FEET AND A CHORD BEARING OF NORTH 57 DEGREES 07 MINUTES 22 SECONDS WEST, WITH AN ARC LENGTH OF 267.28 FEET; THENCE NORTH 14 DEGREES 47 MINUTES 48 SECONDS EAST, A DISTANCE OF 55.71 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 75.00 FEET,AND AN ARC LENGTH OF 36.05 FEET; THENCE NORTH 12 DEGREES 44 MINUTES 46 SECONDS WEST,A DISTANCE OF 57.53 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 100.00 FEET AND AN ARC LENGTH OF 94.87 FEET; THENCE NORTH 35 DEGREES 52 MINUTES 48 SECONDS EAST, A DISTANCE OF 24.19 FEET TO THE POINT OF BEGINNING, CONTAINING 1.62 ACRES OF LAND MORE OR LESS, IN LAKE COUNTY, ILLINOIS. ' ® 'ate© ®0®® i ��� rrm ® �A + go amril- t - �y � r • ®_mm •®0-m \ �a m mm EM .a n ImimIM BOB r "ramfm KIM WNT inE. !lop PON �icizc � �� ac uwj cu■ Qr.. �a a.ai — � ;G7 LQI"� 1®�`�®1.�� ©AA� E'1, � �u �9 ■ A�■,�9�J ii3: }�• .� ®mom . .�77 � �I{I�'�� ���Gl�� Qt7 �� :�© �,�_t-y F• �= � �. �•, ,� o I����� a ®®a�� a® �� IRPI-3,1150 MOOR ®gee � �n m�� 11 �o W ao ® a ♦ 7 VILLAGE OF BUFFALO GROVE ORDINANCE NO. 2000- �71 ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE 0 BUFFALO GROV THIS DAY OF , 2000 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo rove, Cook & Lake Counties, Illinois, this day of p�QQ�� '2000 Village Cle k /�Jp BYc D ep ty Village Clerk