1997-088 1()!30/97
ORDINANCE NO. 97- 88
AN ORDINANCE APPROVING A PRE-ANNEXATION AGREEMENT
Lot 4, Columbian Gardens Unit No. 1
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 request to approve a pre-annexation
agreement for the property legally described in Exhibit A hereto; and,
WHEREAS, there has been submitted to the Corporate Authorities of the
Village of Buffalo Grove a pre-annexation agreement; and,
WHEREAS, proper and due notice of the public hearing concerning said
pre-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 pre-annexation agreement.
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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 pre-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.
AYES: 6 - Marienthal. Reid, Rubin. Braiman. Hendricks, Glover
NAYS: 0 - None
ABSENT: 0 - None
PASSED: November 4, 1997 APPROVED: November 4, 1997
ATTEST: APPRO D:
0-
V(fage Clerk SIDNEY . MATHIAS, Village President
EXHIBIT A
Legal Description
14669 W. COLUMBUS PARKWAY
LOT 4 IN BLOCK 4 IN UNIT 1, COLUMBIAN GARDENS, BEING A SUBDIVISION OF
PART OF THE SOUTH HALF OF SECTION 35, TOWNSHIP 43 NORTH, RANGE 11,
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED MAY 5, 1926 AS DOCUMENT 278278, IN BOOK "P" OF PLATS,
PAGE 33, IN LAKE COUNTY, ILLINOIS.
10/29/97
14669 W. COLUMBUS PARKWAY
(Lot 4, Columbian Gardens Unit No. 1)
PRE-ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and entered
into this 3rd day of November, 1997, 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 Cole Taylor Bank as Trustee under Trust No. 78-360 dated August
18, 1978 (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 0.182 acres legally described and identified
in the Legal Description, attached hereto as EXHIBIT A and and depicted on the Plat
of Survey attached hereto as EXHIBIT B, and which real estate is in unincorporated
Lake County; and,
WHEREAS, the Property is not presently contiguous to the Village, and none of
said Property is presently within the corporate limits of any other municipality; and,
1
r
10/29/97
14669 W. COLUMBUS PARKWAY
ILot 4, Columbian Gardens Unit No. 1)
PRE-ANNEXATION AGREEMENT
TABLE OF CONTENT$
1. Pre-Annexation Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2. Petition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . 3
4. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . 3
5. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . . . 4
6. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
7. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
8. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . 5
9. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
10. Security for Public and Private Site Improvements. . . . . . . . . . . . . . 5
11. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
12. Annexation Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
13. Building, Landscaping and Aesthetics Plans. . . . . . . . . . . . . . . . . . 6
14. Park District Donation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
15. School District Donation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
16. Conditions Concerning Parks and School Donations. . . . . . . . . . . . 7
17. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
18. Enforceability of the Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . 8
19. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
20. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
21. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
22. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
23. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
24. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
25. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
WHEREAS, Owner desires to use the Property for construction of a single-family
residence, and requests connection to the water and sanitary sewer utilities of the
Village; and,
WHEREAS, Village water and sanitary sewer lines are located along the frontage
of the Property, and adjoining properties also have said Village utilities located along
their respective frontages; and,
WHEREAS, Owner desires and proposes to annex the Property to the Village
pursuant to the provisions and regulations applicable to the Residential Estate District
of the Village Zoning Ordinance at the time that said Property becomes contiguous to
the Village; and,
WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et. seq., of the
Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1996) and as the same
may have been modified by the Village's Home Rule Powers, a proposed Pre-
Annexation Agreement was submitted to the Corporate Authorities and a public
hearing was held thereon pursuant to notice as provided by Statute; and,
WHEREAS, the President and Board of Trustees after due and careful
consideration have concluded that the annexation of the Property to the Village at the
time it becomes contiguous 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:
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1. Pre-Annexation Agreement. 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 1996) 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. The Corporate Authorities will
enact a valid and binding ordinance approving this Agreement upon execution of said
Agreement by the Owner. Upon final execution the Village shall record this Agreement
at the Lake County Recorder's Office.
2. Petition. The Owner has filed with the Village Clerk of the Village a
proper petition for annexation pursuant to and in accordance with provisions of Section
5/7-1-8 of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1996)
and as the same may have been modified by the Village's Home Rule powers. It is
expressly understood and agreed, however, that the action of the Village with respect
to said petition of the Owner for the annexation of the Property shall be, and hereby
is, made expressly contingent upon the Property being contiguous to the Village at the
time of said annexation.
3• Enagiment Qf Annexiation Drdinance, An ordinance annexing the Property
to the Village will be approved at such time as the Property becomes contiguous to the
Village.
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
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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. Upon final approval of this
Agreement, 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.
6. Building 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 owners and developers of
properties within the Village.
7. Water Provision, The Owner shall be permitted and agrees to tap on to
the Village water system at points recommended by the Village Engineer and approved
by Vernon Township. The Owner further agrees to pay to the Village such fees in
4
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 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.
8. Storm and Sanitary Sewer Provisions,
A. The Owner shall connect to the Village sanitary sewer system as
may be necessary to service the Property as approved by the Village Engineer. 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 connect the Property to any storm sewers
which may be necessary to service the Property as approved by the Village Engineer.
9. 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.
10. Security for Public and Private Site Improvements. Security for public
and private site improvements shall be provided in accordance with the Development
Ordinance, and shall be in the amount of $3,000.00. The Village shall have the right
5
to draw up to the full amount of the security in order to complete, and have formal
acceptance of, all improvements secured thereby.
11. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Owner or the witnesses during the hearings 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. 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 Survey
12. Annexation Fee. Owner agrees to pay an annexation fee of $1,000.00
-which fee shall be paid in full at the time of issuance of a building permit by the
Village.
13. Building, Landscap8ng 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.
14. Park District Donations. Owner agrees to comply with the provisions of
Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding
park donations. Owner agrees to make cash contributions, at the time of building
6
permit issuance, to the Village to fulfill the obligation of the Property concerning park
donations.
15. School District Donations. Owner agrees to comply with the provisions
of Title 19 of the Buffalo Grove Municipal Code as amended from time to time
regarding school donations. Owner agrees to make cash contributions, at the time of
building permit issuance, to the Village for conveyance to School Districts 102 and
125 according to the criteria of said Title.
16. Conditions Concerning Parks and School Donations. It is understood and
agreed that rooms in the residential units labeled as dens, lofts, studies or libraries on
the floor plans will be counted as bedrooms for the purposes of calculating park and
school donations, if, in the judgement of the Village, said rooms can be used as
bedrooms. It is understood and agreed that the per acre land value used to compute
said cash contributions may be increased from time to time, and cash contributions
made at the time of building permit issuance shall be based on the land value in effect
at the time of permit issuance.
17. Facilitation of Develop 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 is in the best interests of all the
parties and requires their continued cooperation. The Owner does hereby evidence its
intention to fully comply with all Village requirements, 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
7
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.
18. 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.
19. Term of Agreement. This Agreement is 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.
20. Binding Effect of Agreement. This Agreement is binding upon the
Property, the parties hereto and their respective grantees, successors and assigns.
21. 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.
22. 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.
8
If to Owner: Cole Taylor Bank as Trustee under Trust No. 78-360
350 E. Dundee Road
Wheeling, IL 60090
Copy to: Mr. Richard Siebel, Esq.
Siebel, Whipple and Schofield
Three First National Plaza, Suite 525
70 West Madison Street
Chicago, IL 60602
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089 -
Copy to: William G. Raysa, Esq.
Raysa & Skelton
1 140 Lake Street, Suite 400
Oak Park, IL 60301
23. Default.
In the event Owner defaults in performance of the 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 disconnect the Property from the Village water
and/or sewer systems.
24. Litigation.
A. The Owner shall be responsible for any litigation, including costs,
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.
9
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.
25. Special Conditions.
A. Owner shall provide full upgrades to public improvements, and the
Village shall use a right of lien action if necessary if said public improvements area not
completed in a timely manner.
�1; B. At the time of building permit application, Owner shall sign and
execute a water and sewer service contract with the Village before said services will
be provided to the Property by the Village.
C. The Property is subject to the water conservation standards of the
Village, and Owner shall comply with said standards.
D. It is understood and agreed that the Property shall be used only for
a single-family residence. Owner is required to obtain a Village building permit. Owner
agrees that all development and construction on the Property shall comply in all
respects with the provisions of the building codes of the Village and all other germane
codes and ordinances of the Village in effect on the date that an application for a
building permit for such development or construction is filed with the Village or the
County of Lake.
10
Full development plans for the Property will be submitted to the Village for
review and final approval prior to issuance of a permit by the Village for connection to
the Village water and sewer systems. The Owner will provide the Village with a copy
of the Lake County building permit(s) for the Property immediately upon issuance.
Owner will contact the Village to schedule all applicable and necessary inspections and
a final inspection of the completed structure and grading prior to occupancy.
Upon final approval of improvements inspected as aforesaid, the Village shall
provide Owner with written acknowledgment thereof. The receipt by Owner of such
written acknowledgment shall have the same force and effect as the issuance of a
Certificate of Occupancy by the Village. The Owner will provide the Village with a
copy of the Lake County Certificate of Occupancy immediately upon issuance.
E. Any construction on the Property shall comply with the applicable
building setbacks of the Neighborhood Conservation/Urban Residential - 1 (NC/UR-1)
District of the Lake County Zoning Ordinance.
F. It is understood and agreed that upon annexation, the Village will
assign a new street address to the Property to ensure proper identification for provision
of services, and Owner shall use said Village address in place of the current address
assigned by Lake County.
G. Owner shall provide a Plat of Annexation at the time of contiguity.
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.
11
4
V
VILLAGE OF BUFFAL GROV
By
SIDNEY H. MA R (DENT
Af S �,
J <
B,
VILLAGE: ;CL RK
` OWNER: Cole Taylor Bank as Trustee
under Trust No. 78-360 dated
August 18, 1978
ATTESIdZ VICc-Pr 1 i SIC� t
By -
TRUST OFFICER
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
i his 8;7;nem"!'nt
E".L I J f'yr I i
};;off: .j
12
EXHIBIT A
Legal Description
1466D W. COLUMBUS PARKWAY
LOT 4 IN BLOCK 4 IN UNIT 1, COLUMBIAN GARDENS, BEING A SUBDIVISION OF
PART OF THE SOUTH HALF OF SECTION 35, TOWNSHIP 43 NORTH, RANGE 11 ,
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED MAY 5, 1926 AS DOCUMENT 278278, IN BOOK "P" OF PLATS,
PAGE 33, IN LAKE COUNTY, ILLINOIS.
STATE OF ILLINOIS )
Co a".c, ) SS.
COUNTY OF LE )
a Notary Public in and for said State and County
aforesaid do hereby certify that i �NElfi 74, ME EM ,-----,,—,Vice President,
and tT7 n7T-- - ET-)WARnS , Trust Officer,personally known to me as the same persons whose
names are subscribed to the foregoing as such officers, appeared before me this day in person and
acknowledged that they caused the within Petition to be duly executed by them as their free and
voluntary act and as the free and voluntary act of said Petitioner for the uses and purposes therein
set forth.
GIVEN under my hand and Notarial Seal this27-A day of 0T-rc""- 4_ , 1997.
Nota blic
ISAAMCOLUMBUSTETMON FOR ANNEXATION
"OFFICIAL SEAL"
LISA M.ZANAZARO
NOTARY PUBLIC,State of Illinois
My Commission Expires 10/17/99
2
sonar
VILLAGE OF BUFFALO GROVE
ORDINANCE NO.
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROV ,, d
THIS _DAY OF U 19
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo rove, Cook & Lake qounties is,
this day of 19�
_Vl age Clerk
By
Deputy Village Clerk