1995-090 9/14/95 3741167
Filed for Record in:
ORDINANCE NO. 95- 90
LAKE COUNTY, IL
FRANK J. NUSTRJ;��CORDER
On Oct 30
AN ORDINANCE APPROVING AN ANNEXATION AGREEMWjj to:20ax 1145
CHEVY CHASE MAINTENANCE BUILDING, WHEELING PARK D ORD
���- Cashier #2
Johnson Drive/Northgate Parkway
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 on said Annexation Agreement and Zoning
has been given and a 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 Sectionz 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 Reid Rubin Hendricks President Mathias
NAYES:, 2 — Braiman Glover ABSENT: 0 — None
PASSED: September 18 1995 APPROVED: Se. tember 18 1995
ATTEST:
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9/18/95*
CHEVY CHASE MAINTENANCE FACILITY
WHEELING PARK DISTRICT
Johnson Drive/Northgate Parkway
Table of Contents
1 . Applicable Law 2
2. Agreement: Compliance and Validity . . . . 3
3. Enactment of Annexation Ordinance 3
4. Enactment of Zoning Ordinance 3
5.. Approval of Plans 4
6. Compliance with Applicable Ordinances 4
7. Amendment of Plan 4
8. Building Permit Fee 5
9. Water Provision _ _ 5
10. Storm and Sanitary Sewer Provisions 6
11 . Drainage Provisions 7
12. Payment of Recapture Fees Owed 7
13. Security for Public and Private Site Improvements - . . . . 7
14. Exhibits. 8
15. Building. Landscaping and Aesthetics Plans., _ g
16. Facilitation of Development g
17. Enforceability of the Agreement g
18. Term of Agreement _ g
19. Binding Effect of Agreement 10
20. Corporate Capacities . . . . . . . . . . . . . . 10
21 . Notices. . . . . . . . . . . . . . . . . . . . . . . . 10
22. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 10
23. Litigation. . . . . . . . . . . . . . . . . . . . . . . . 11
24. Special Conditions 11
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CHEVY CHASE MAINTENANCE BUILDING
Wheeling Park District
East of Northgate Parkw
Annexation Agreement
Location Map
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Area to be Annexed
9/18/95*
CHEVY CHASE MAINTENANCE FACILITY
WHEELING PARK DISTRICT
Johnson Drive/Northgate Parkway
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and entered into
this 18th day of September, 1995, by and betvreen 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 the
Wheeling Park District (hereinafter referred to as "Owner").
W_IT NESSETH:
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 1.622 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 contiguous to the corporate limits of the Village; and,
WHEREAS, a Plat of Annexation is attached hereto as EXHIBIT B, which depicts
a total area of 1.622 acres to be annexed; and,
WHEREAS, Owner desires and proposes pursuant to the provisions and regulations
applicable to the Residential Estate District of the Village Zoning Ordinance, with a Special
Use for a maintenance facility, to develop the Property in accordance with and pursuant
to a certain Preliminary Plan (site plan), prepared by Sente and Rubel Ltd. and dated
September 4, 1995, and also a Preliminary Engineering Plan (site grading and utilities)
prepared by Sente and Rubel Ltd. and Gewalt Hamilton Associates dated August 28, 1995
(hereinafter referred to as "Preliminary Plan") a copy of which Preliminary Plan is attached
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hereto as EXHIBITS D and E and incorporated herein, and subject to all other exhibits
attached hereto or incorporated by reference herein,. Said development of property shall
consist of a maintenance building of approximately 8,445 square feet, a materials storage
structure and related site improvements.
WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et. seq., of the Illinois
Municipal Code ( Chapter 65, Illinois Compiled Statutes 1994) 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 Statute; and,
WHEREAS, pursuant to due notice and advertisement, the Plan Commission of the
Village has held a public hearing and made their recommendations with respect to the
requested zoning classification of the Residential Estate District with a Special Use for a
maintenance facility; 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 (Chapter 65,
Illinois Compiled Statutes 1994) 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.
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2
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 provisions of
Section 5/7-1-8 of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1994)
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 Residential Estate District with a Special Use for
a maintenance facility, all as contemplated in this Agreement.
3. ' Enactment of Annexation Ordinance. The Corporate Authorities within
twenty-one (21) days of the execution of this Agreement by the Village will enact a valid
and binding ordinance (hereinafter referred to as the "Annexation Ordinance") annexing
the Property to the Village. Said Annexation Ordinance shall be recorded with the Lake
County Recorder's Office along with the Plat of Annexation (attached hereto as EXHIBIT
B). Recording shall take place no more than thirty (30) days after enactment of Annexation
Ordinance.
4. Enactment of Zoning Ordinance Within twenty-one (21) days after the
passage of the Annexation Ordinance, the Corporate Authorities shall adopt a proper, valid
and binding ordinance, zoning the Property in the Residential Estate District with a Special
Use for a maintenance facility subject to the restrictions further contained herein and all
applicable ordinances of the Village of Buffalo Grove as amended from time to time. Said
zoning shall be further conditioned on the development of the Property in accordance with
3 3'74us7
the Preliminary Plan (EXHIBITS D and E) and other exhibits attached hereto or
incorporated by reference herein.
5. Approval of Plans. The Corporate Authorities hereby approve the Preliminary
Plan (EXHIBITS D and E) pursuant to the provisions of the Development Ordinance. The
Corporate Authorities agree to approve a Development Plan (including plats of subdivision)
based on final versions of the plans and drawings of the development of the Property as
submitted by the Owner provided that the Development Plan shall:
(a) conform to the approved Preliminary Plan, and
(b) conform to the terms of this Agreement and all applicable Village Ordinances
as amended from time to time; and
(c) conform to the approved Development Improvement Agreement as amended
from time to time.
6. Compliance with Applicable Ordinances The Owner agrees to comply with
all ordinances of the Village of Buffalo Grove 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 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, in the development of the Property, shall comply with the standards set forth in the
Village of Buffalo Grove Development Ordinance as amended from time to time.
7. Amendment of Plan If the Owner desires to make changes in the
Preliminary Plan, as herein approved, the parties agree that such changes in the
Preliminary Plan will require, if the Village so determines, the submission of amended plats
or plans, together with proper supporting documentation, to the Plan Commission and/or
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374116'7
the Corporate Authorities to consider such changes to the Preliminary Plan. The Corporate
Authorities may, at their sole discretion, require additional public hearings and may review
the commitments of record contained in this Agreement, including, but not limited to fees,
prior to final consideration of any change in the Preliminary Plan. The Village Manager is
hereby authorized to approve such minor changes as he deems appropriate, provided that
no such changes - (a) increases by more than two percent (2%) the floor area proposed
for nonresidential use; nor (b) increases by more than two percent (2%) the total ground
area covered by buildings.
8. Buildina Permit Fees The building permit fees may be increased from time
to time so long as said permit fees are applied consistently to all other developments in the
Village to the extent possible. In the event a conflict arises between the Owner and the
Village on any engineering and technical matters subject to this Agreement, the Village
reserves the right to pass along any and all additional expenses incurred by the use of
consultants in the review and inspection of the development from time to time. Owner shall
pay any non-discriminatory new or additional fees hereinafter charged by the Village to
Owner/Developer or property within the Village.
9. Water Provision. The Owner shall be permitted and agrees to tap on to the
Village water system at points recommended by the Village Engineer which points to be
extent shown on EXHIBIT D are hereby approved by the Village. It is understood,
however, that changes to the Preliminary Engineering Plan may be required at the time of
Final Engineering. The Owner further agrees to pay to the Village such fees in accordance
with the applicable Village Ordinances at the time of the issuance of the water and sewer
permits. The Owner agrees to accept any increase in water rates and tap on fees provided
such rates and fees apply consistently to all other similar users in the Village to the extent
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possible. Following such tap on, the Village agrees to provide to the best of its ability and
in a non-discriminatory manner water service on the Property in accordance with the
Preliminary Plan. Watermains serving the Property and those approved as part of the
development shall be installed by the Owner and, except for service connections to the
buildings shall, upon installation and acceptance by the Village through formal acceptance
action by the Corporate Authorities, be dedicated to the Village and become a part of the
Village water system maintained by the Village.
10. Storm and Sanitary Sewer Provisions
A. The Corporate Authorities agree to cooperate with the Owner and to
use their best efforts to aid Owner in obtaining such permits from governmental agencies
having jurisdiction as may be necessary to authorize connection from the proposed
development to the Lake County Department of Public Works for the collection of sewage
as may be appropriate. The Owner shall construct on-site and off-site sanitary sewers as
may be necessary to service the Property, as per EXHIBIT D and uses shown thereon.
It is understood, however, that changes to the Preliminary Engineering Plan may be
required at the time of Final Engineering. Upon installation and acceptance by the Village
through formal acceptance action by the Corporate Authorities, the Corporate Authorities
agree to operate and maintain such systems, except for sanitary sewer service
connections. The Owner agrees to accept any increase in sewer rates and tap on fees,
provided that such fees and rates are applied consistently to all similar users in the Village
to the extent possible.
B. The Owner shall also construct on the Property in question any storm
sewers which may be necessary to service the Property, as per EXHIBIT D and uses
shown thereon. It is understood, however, that changes to the Preliminary Engineering
6 3741167
Plan may be required at the time of Final Engineering. Upon installation and acceptance
by the Village through formal acceptance action by the Corporate Authorities, the
Corporate Authorities agree to operate and maintain such storm sewer system, and the
Owner agrees to operate and maintain that portion of the storm sewer system located on
the subject Property and not dedicated, and shall record a covenant to that effect within
thirty (30) days of the recording of the Plat of Subdivision.
11. Drainage Provisions The Owner shall fully comply with any request of the
Village Engineer related to the placement of buildings on lots, to preserve drainage
standards. The Owner shall install any storm sewers and/or inlets which 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.
12. Payment of Recapture Fees Owed Any amount of recapture required to be
paid by this Property shall be due and payable to the Village upon final platting of the first
plat of subdivision of any portion of the Property.
13. Security for Public and Private Site Improvements.' Security for public and
private site improvements shall be provided in accordance with the Development
Ordinance, and the Development Improvement Agreement (EXHIBIT C) 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.
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•14. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Owner or the witnesses during the hearings held before the Plan
Commission and 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. This Agreement, upon execution by the parties, together with copies of all
EXHIBITS, shall be kept on file with the Village Clerk and be available for inspection to the
parties hereto.
EXHIBIT A Legal Description
EXHIBIT B Plat of Annexation dated September 18, 1995
EXHIBIT C Development Improvement Agreement
EXHIBIT D Site Grading and Utilities (Sheet C-1) dated August 28, 1995
by Sente and Rubel Ltd. and Gewalt Hamilton Associates
EXHIBIT E Site Plan and details (Sheet A-1) dated September 4, 1995 by
Sente and Rubel Ltd.
EXHIBIT F Building Elevations (Sheet A-2) dated September 4, 1995
By Sente and Rubel Ltd.
EXHIBIT G Floor plan (Sheet A-3) dated September 4, 1995 by Sente and
Rubel Ltd.
EXHIBIT H Landscaping plan (Sheet L-1) dated September 4, 1995 by
Sente and Rubel Ltd.
15. Building Landscaping and Aesthetics Plans Owner will submit building and
landscaping plans (which landscaping plans shall conform to the requirements of Village
Ordinances) for approval by the Appearance Commission and the Corporate Authorities
before commencing construction of buildings and structures . Lighting and signage shall
be compatible with surrounding areas as approved by the Appearance Commission.
Phases not under construction or completed shall be maintained in a neat and orderly
fashion as determined by the Village Manager.
16. Facilitation of Development Time is of the essence of this Agreement, 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 Agreement and
the development of the Property in the best interests of all the parties requires their
continued cooperation. The Owner does hereby evidence its intention to fully comply with
all Village requirement, its willingness to discuss any matters of mutual interest that may
arise, and its 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 Agreement.
17. 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. If any provision of
this Agreement is held invalid, such provisions shall be deemed to be excised herefrom
and the invalidity thereof shall not affect any of the provisions contained herein.
18. Term of Agreement This Agreement will be binding on all parties and the
Property for a term of twenty (20) years from the date of the execution of this Agreement
by the Village. This Agreement shall not be assigned without prior written consent of the
Village.
19. Binding Effect of Agreement This Agreement shall be binding upon the
Property, the parties hereto and their respective grantees, successors and assigns.
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/ 2-
20. 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.
21. 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: Karop Bavougian
Wheeling Park District
333 W. Dundee Road
Wheeling, IL 60090
Copy to: Earl S. Ebbers, Jr.
2535 Gordon Drive
Flossmor, IL 60422
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Raysa & Skelton
1140 Lake Street, Suite 400
Oak Park, IL 60301
22. Default. In the event Owner defaults, in his performance of his obligations set
forth in this Agreement, then the Village may, upon notice to Owner, allow Owner sixty (60)
days to cure default or provide evidence to the Village that such default will be cured in a
timely manner if it cannot be cured during said during said period. If Owner fails to cure
such default or provide such evidence as provided above, then, with notice to Owner, the
Village may begin proceedings to disconnect from the Village any portion of the Property
10 37411G 7
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upon which development has not been completed. In such event, this Agreement shall be
considered to be the petition of the Owner to disconnect such portion of the Property.
23. Litigation.
A. The Owner, at his cost, shall be responsible for any litigation which
may arise relating to the annexation, zoning and development of the Property. Owner
shall cooperate with the Village in said litigation but Owner's counsel will have principal
responsibility for such litigation.
B. The Owner shall reimburse the Village for reasonable attorneys' fees,
expenses and costs incurred by the Village resulting from litigation relating to the
annexation, zoning and development of the Property or in the enforcement of any of the
terms of this Annexation Agreement upon a default by the Owner.
C. Owner hereby indemnifies and holds the Village harmless from any
actions or causes of action which may arise as a result of development activities for which
the Owner is responsible.
24. Special Conditions.
A. The following variation to the Village Zoning Ordinance is hereby granted
pursuant to EXHIBIT E:
Section 17.32.020.0 - to allow a portion of an accessory structure to be
located within a front yard in front of the midpoint of the principal building
and, and to allow a side yard setback of 15 feet instead of ten percent of the
lot width.
B. So long as the Property is exempt from Village real estate taxes, the Owner
shall reimburse the Village for the cost of each police, fire or ambulance call made to the
i l 3741167
Properly. Said reimbursement to the Village `shall be made within thirty (30) days of date
of mailing of Village invoice to the Owner.
C. Owner shall install a fire protection sprinkler system in the new maintenance
building at the time of its construction, pursuant to plans approved by the Village in
issuance of a building permit for said maintenance building.
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 'UF E
By
ATTEST:
OWNER:
B y .
Y
riTEJ3T:''
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EXHIBIT A
Chevy Chase Maintenance Building
THAT PART OF THE SOUTHEAST QUARTER OF THE SOUIHEAST 0U4RTER OF SEMON 34. MWNSNIP 43 NORM. RANG£ If,
EAST OF THE
"THIRD PRINCIPAL MERIDIAN. DESCRIBED AS FOLLOWS' COMMENCING AT THE NORTHEASTERLY CORNER Of'LOT 1 OF [2IEW pfASE BUSIN
''ARK FAST UN? 1; BETNG A SUBDMSlON RECORDED JL/NE 20, 1989 AS DOCUMENT 28aUW, THENCE SOUTHWESTERLY ALONG E
4ORTH'RLY LINE OF SAID LOT 1. A DISTANCE OF 12896 FEET TO THE POINT OF BEGINNING OF THE PARCEL INTENDED TO BE
TESCRIBED. THENCE NORTH 40 DEGREES Of MINUTES J4 SECONDS WEST A DISTANCE OF 8&04 FEET; THENCE NORTH 09 DECREES 02
;ECONDS 37 SECONDS £AST, A DISTANCE OF 9&.09 FEET.• T}1p,IC£NORTH 60 DEGREES 39 MINUTES 2D SECONDS WEST. A DISTANCE OF
'50.00 FEET- THENCE SOUTH 45 DEGREES 22 MINUTES 35 SECONDS WEST. A DISTANCE OF 9.3 07 FEET; THENCE NORTH 29 DEGREES 17
1lNUTES SB SECONDS WEST. A DISTANCE OF 70O0 FEET �p�E SOUT1{ 60 DEGREES 42 M/NU1E5 02 SECONDS WEST; A DVSTMICE OF
"1.4T fE II THENCE SOUTH ?9 DEGREES 17 MINUTES 5B SECONDS EAST. A DISTANCE OF 99.89 FEET.• THENCE SOUTH 13 DECREES 11
28.465 11 SECONDS WESf. A DISTANCE OF J7.75 FEET, 1HENICE SOUTH 60 OEGREES 39 MJNUlES 20 SECONDS EAST. A DISTANCE OF
28.46 FEET. THENCE SOUTH"ESTERLY ALONG A CURVED ARC OF LIME CONNED NORIHWF57ERLY hNVING A 210ILLS 4000 FEET,. AN"!STANCE OF 44.87 FEET (CHORD BEARS SOUTH .75 DEL^REa 14 MINUTES 28 SECONDS WEST. A DISTANCE OF 4255 FEM TO A POINT OF
ANGENCY IN SAID LIN& THENCE SOUTH 67 DECREES 22 MINUTES 33 SECONDS WEST, A DLSTANCE OF 1 f 1.33 FEET. !HENCE SOUTH 83
'EGREFS 39 MINUTES 18 SECONDS WEST; A DISTANCE OF.�S 64 FEET. THENCE MORJFI 85 DEGREES 47 MINUTES 52 SECONDS WEST, A
!STANCE U 4 URE FEET; (HENCE NORTH 79 DECREES 42 MINUTES J4 SECONDS WEST. A DISTANCE OF .59L09 FEET TO A POINT OF
EVERSE' CURVATURE ON THE NORTHERLY LINE OF SAID LOT 1; THENCE EASTERLY NORTHERLY AND NORTHEASTERLY ALONG THE NORTHERLY
WE OF SAND LOT 1. TO THE POINT OF BEGINNING. IN LAKE COUNTY, !LLlNOlS
>ubject Property Common Description: The approximately 1 . 622-acre tract
Last of Northgate Parkway/Johnson Drive north of the Chevy Chase East
lusiness Park.
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