2009-010 1p
2-28-09
ORDINANCE NO. 2009 -�
AN ORDINANCE APPROVING AN AMENDED ANNEXATION AGREEMENT
FOR THE WEINER, TCDI (CONCRETE DOCTOR PROPERTY)
South of Depot Place, east of Abbott Court loop road
Mix On Site Property, 16043 Depot Place
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois
Constitution of 1970; and
WHEREAS, the Village entered into a Pre-Annexation Agreement dated October 16,
1995, which Pre-annexation Agreement was approved by the Village by Ordinance No. 95-101
for the property legally described on Exhibit A to the Pre-Annexation Agreement and which Pre-
Annexation Agreement was recorded with the Lake County Recorder on October 30, 1995 as
document number 3741171 ("1995 Pre-Annexation Agreement"); and
WHEREAS, the owner of the property legally described in Exhibit A to this Ordinance
("Property"), which Property is a part of the real property subject to the 1995 Pre-Annexation
Agreement, and the Village desire to amend the 1995 Pre-Annexation Agreement by means of
the Amended Annexation Agreement which is attached hereto as Exhibit B ("Amended
Annexation Agreement") ; and
WHEREAS, proper and due notice of the public hearing concerning said Amended
Annexation Agreement has been given and the public hearing was held thereon; and
WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to
approve said Amended Annexation Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF .
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS:
Section 1. The preceding Whereas clauses are hereby made a part of this Ordinance.
Section 2. The Amended Annexation Agreement , a copy of which is attached hereto
and made a part hereof as Exhibit B, is approved.
Section 3. The President and Clerk of the Village are hereby authorized to execute said
Amended Annexation Agreement on behalf of the Village of Buffalo Grove.
Section 4. This Ordinance shall be in full force and effect from and after its passage and
approval. This Ordinance shall not be codified. +
AYES: 6 - Braiman, Glover, Berman, Rahn, Trilling, Rubin
NAYES: 0 - None
ABSENT: 0 - None
PASSED: March 9, 2009
APPROVED: March 9, 2009
ATTEST: APPROVED:
vVl . d <O-e-
JAN
SIRAIIBI•A\N ELLIOTT HARTSTEIN
Village Clerk Village President
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
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Exhibit A
LEGAL DESCRIPTION
PIN 15-28-200-081
THAT PART OF THE NORTHEAST QUARTER OF SECTION 28, AND THE NORTHWEST
QUARTER OF SECTION 27, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF LOT 6 IN BLOCK THREE
OF FRILLMAN PARK, A SUBDIVISION RECORDED JULY 1, 1887 AS DOCUMENT NUMBER
35931, IN BOOK 7 °A° OF PLATS, PAGE 63 IN LAKE COUNTY, ILLINOIS, AND THE
EASTERLY RIGHT OF WAY LINE OF WEILAND ROAD (FORMERLY BUFFALO GROVE
ROAD OR FRILLMAN AVENUE); THENCE NORTH 89 DEGREES 24 MINUTES 36 SECONDS
EAST ALONG THE SOUTH LINE OF SAID BLOCK 3 A DISTANCE OF 346.15 FEET TO THE
POINT OF BEGINNING; THENCE NORTH 89 DEGREES 24 MINUTES 36 SECONDS EAST
15.38 FEET; THENCE NORTHWESTERLY ALONG AN ARC OF A CURVE, CONCAVE TO
THE NORTHEAST HAVING RADIUS OF 11315.03 FEET AND AN ARC LENGTH OF 119.64
FEET; THENCE NORTH 21 DEGREES 43 MINUTES 00 SECONDS WEST, 32.02 FEET;
THENCE SOUTH 89 DEGREES 47 MINUTES 46 SECONDS EAST, 6.35 FEET; THENCE
SOUTHEASTERLY ALONG AN ARC OF A CURVE, ;ONCAVE TO THE SOUTH HAVING A
RADIUS OF 50.00 FEET AND AN ARC LENGTH OF 129.94 FEET, THENCE
NORTHWESTERLY ALONG AN ARC OF A CURVE, CONCAVE TO THE NORTHEAST
HAVING A RADIUS OF 11410.03 FEET AND AN ARC LENGTH OF 6.97 FEET; THENCE
NORTH 21 DEGREES 43 MINUTES 00 SECONDS WEST, 46.15 FEET, THENCE SOUTH 89
DEGREES 47 MINUTES 46 SECONDS EAST, 5.39 FEET; THENCE SOUTH 21 DEGREES 43
MINUTES 00 SECONDS EAST, 44.13 FEET; THENCE SOUTHEASTERLY ALONG AN ARC
OF A CURVE, CONCAVE TO THE NORTHEAST WITH A RADIUS OF 11410.03 FEET AND
AN ARC LENGTH OF 610.97 FEET; THENCE SOUTH 18 DEGREES 39 MINUTES 00
SECONDS EAST, 13.00 FEET; THENCE NORTH 71 DEGREES 01 MINUTES 00 SECONDS
EAST, 13.50 FEET; THENCE SOUTH 17 DEGREES 19 MINUTES 35 SECONDS EAST,
211.11 FEET, THENCE SOUTH 86 DEGREES 31 MINUTES 50 SECONDS EAST, 341.23
FEET; THENCE NORTH 04 DEGREES 46 MINUTES 10 SECONDS WEST, 385.79 FEET;
THENCE NORTHWESTERLY ALONG AN ARC OF A CURVE, CONCAVE TO THE
NORTHEAST WITH A RADIUS OF 70.00 FEET AND AN ARC LENGTH OF 40.99 FEET;
THENCE NORTH 01 DEGREES 41 MINUTES 07 SECONDS WEST, 229.51 FEET TO THE
POINT OF BEGINNING, ALL IN LAKE COUNTY, ILLINOIS.
2-27-09
Exhibit B
AMENDED ANNEXATION AGREEMENT
Depot Place
This Amended Annexation Agreement ("Agreement") made and entered into this 9th day of
March 2009 ("Effective Date"), by and between the VILLAGE OF BUFFALO GROVE ("Village"), an
Illinois home rule municipal corporation, by and through the President and Board of Trustees of the
Village ("Corporate Authorities"), and DEPOT PLACE LLC, a Delaware limited liability company
authorized to do business in Illinois, ("Owner"). The Village and Owner are sometimes hereinafter
referred to individually as a "Party" and collectively as the "Parties".
WITNESSETH:
WHEREAS, the Village is a home rule unit by virtue of the provisions of the Constitution of the
State of Illinois of 1970;
WHEREAS, Owner's predecessor in interest entered into a Pre-Annexation Agreement with
the Village dated October 16, 1995, which Pre-annexation Agreement was approved by the Village by
Ordinance No. 95-101 for the property legally described on Exhibit A to the Pre-Annexation
Agreement and which Pre-Annexation .Agreement was recorded with the Lake County Recorder on
October 30, 1995 as document number 3741171 ("1995 Pre-Annexation Agreement"); and
WHEREAS, Owner is the owner of a certain tract of real property (hereinafter referred to as
the "Property") which is legally described in Exhibit A hereto, which Property is a part of the real
property subject to the 1995 Pre-Annexation Agreement; and
WHEREAS, the 1995 Pre-Annexation Agreement required the Property to be annexed to the
Village within a time certain after the Village provided water and sewer service to the Property which
water and sewer service was provided to the Property in 2006 and if not so annexed the Village has
the right to terminate water and sewer service to the Property; and
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WHEREAS, the Village and the Owner desire to amend the 1995 Pre-Annexation Agreement
by this Amended Annexation Agreement; 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.), a proposed amended annexation agreement was submitted to
the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by
law; and
WHEREAS, pursuant to due notice and advertisement, the Village has conducted a public
hearing concerning the zoning of the Property; and
WHEREAS, the Corporate Authorities have considered zoning the Property in the Industrial
Zoned District with a special use for outdoor storage as more fully described in this Agreement; and
WHEREAS, after due and careful consideration, the President and Board of Trustees have
concluded that the annexation of the Property to the Village and its zoning and development on the
terms and conditions herein set forth will serve the best interests of the Village.
NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements
herein set forth, the Parties 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), other
applicable law and the Village's home rule powers. The preceding recital clauses are hereby made a
part of this Agreement.
2. Agreement: Compliance and Validity. There has been filed with the Village Clerk of the
Village a proper petition to annex the Property to the Village 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). Upon its execution by
the parties hereto this Amended Annexation Agreement supersedes and replaces the 1995 Pre-
Annexation Agreement.
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3. Enactment of Annexation Ordinance. Within twenty-one (21) days after the execution
of this Agreement by the Village and Owner, the Corporate Authorities shall adopt an ordinance
annexing the Property to the Village ("Annexation Ordinance"). The Annexation Ordinance shall be
recorded at the Lake County Recorder's Office along with the Plat of Annexation and Addendum
which are attached hereto respectively as Exhibit B and Exhibit B-1.
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 Industrial District with a Special Use for outside storage and subject to the
restrictions further contained herein and all applicable ordinances of the Village of Buffalo Grove as
amended from time to time.
5. Approval of Plans and Plats. It is understood and agreed that the Owner shall submit
a Preliminary Plan for any redevelopment proposed on the Property after annexation.
6. Compliance with Applicable Ordinances. Except as otherwise provided in this
Agreement, Owner agrees to comply with all applicable ordinances of the Village, as amended from
time to time, in the development of the Property, provided that all ordinances, amendments, rules and
regulations, including those adopted after the Effective Date of this Agreement, shall not be arbitrarily
or discriminatorily applied to the Property but shall be equally applicable to all property similarly
situated. Notwithstanding the foregoing, the Village shall not apply any current, new or amended
ordinances or regulations to the Property to the extent that such ordinances or regulations would (i)
prevent use or redevelopment of the Property in accordance with the terms of this Agreement; and (ii)
conflict with this Agreement.
7. Amendment of Plan. If Owner desires to make changes to a Preliminary Plan after it
has been approved by the Corporate Authorities, the Parties agree that such changes to the
Preliminary Plan will require, if the Village so determines, the submission of amended plats or plans,
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together with proper supporting documentation, to the Plan Commission and/or the Corporate
Authorities to consider such changes to the Preliminary Plan. The Corporate Authorities may, in their
sole discretion, require additional public hearings concerning such changes. The Village Manager is
hereby authorized to approve such minor changes to a Preliminary Plan as he or she deems
appropriate, provided that such changes do not (i) involve a reduction of the area set aside for
common open space; (ii) increase by more than two percent (2%) the floor area proposed for
nonresidential use; or (iii) increase by more than two percent (2%) the total ground area covered by
buildings, provided such changes are otherwise in compliance with all applicable provisions of the
Village Municipal Code.
8. 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 of properties within the Village.
9. Water Provision. The Owner currently receives water service from the Village
pursuant to the conditions set forth by the 1995 Pre-Annexation Agreement. It is understood that any
redevelopment on the Property may require an Engineering Plan as determined by the Village
Engineer. The Village agrees to continue providing water service to the Property for its current uses to
the best of its ability and in a non-discriminatory manner after the Property is annexed to the Village.
The Owner agrees to accept any increase in water rates and fees provided such rates and fees apply
consistently to all other similar users in the Village to the extent possible.
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10. Public Sanitary Sewer and Storm Sewer Provisions. The Owner has constructed an
on-site and off-site sanitary sewer to service the Property in accordance with an approved Preliminary
Engineering Plan. The Corporate Authorities agrees to operate and maintain that portion of the public
storm sewer which serves public streets. The Owner agrees to maintain the sanitary sewer service
connection and agrees to accer t any increase in sewer rates and fees, provided that such fees and
rates are applied consistently to all similar users in the Village to the extent possible.
11. Drainage Provisions. In the event the Property is redeveloped, 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 as required by
the Village Engineer to preserve appropriate drainage for the Property.
12. 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.
12. Exhibits. The following Exhibits, some of which were presented in testimony given by
Owner or witnesses during the hearings held by the Village 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
EXHIBIT B Plat of Annexation
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EXHIBIT B-1 Addendum to Plat of Annexation
EXHIBIT C Development Improvement Agreement
EXHIBIT D Pre Annexation Code Correction List
EXHIBIT E Description of Property
13. Annexation Fee. The Village hereby waives any annexation fee for all non-residential
uses. If residential units are built on the Property, an annexation fee of$700.00 per dwelling unit shall
be due the Village at time of issuance of a building permit.
14. Building, Landscaping and Aesthetics Plans for West Parcel. In the event of
redevelopment of the Property, the Owner shall submit building, landscaping, lighting, and sign plans
for approval by the Village. All such plans shall conform to the Village Municipal Code, including but
not limited to the Village Appearance Plan. Modifications or amendments to an approved plan are
subject to additional appearance review.
15. Park District Annexation and Donations School District and Libra District Donations.
A. It is acknowledged that the Property has been annexed to the Buffalo Grove
Park District.
B. No donations to the Park District, any school districts or any library districts
shall be required for any commercial development on the Property. If the Village approves any
residential development on the Property, Owner shall comply with the provisions of Title 19 of the
Village Municipal Code, as amended from time to time, regarding park, school and library donations,
and, in furtherance thereof, shall make cash contributions to the Village for payment to the Park
District, applicable school districts and the Vernon Area Public Library District to fulfill Owner's
obligations concerning park, school and library donations according to the criteria of Title 19 in full and
complete satisfaction of Owner's obligations thereunder.
16. Payments to Fire Protection District.
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A. Within thirty (30) days after the Property is disconnected from the Long Grove
Fire Protection District, Owner shall pay to the Village an amount necessary to reimburse the Village
for any real estate tax payments made or to be made by the Village to the Long Grove Fire Protection
District concerning the Property pursuant to 70 Illinois Compiled Statutes 705/20.
B. If any general obligation bonds of the Fire District are outstanding :end unpaid at
the time of such disconnection, the Property shall continue to remain liable for its proportionate share
of such bonded indebtedness through taxes levied and assessed against the Property by the Long
Grove Fire Protection District until such time as sufficient funds to retire such bonds have been
collected.
17. Enforceability, of the Acireement. This Agreement shall be enforceable in any court of
competent jurisdiction by any of the Parties by an appropriate action at law or in equity, including an
action to secure the specific performance of any provision hereof. If any provision of this Agreement
is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall
not affect any of the other provisions contained herein. In the event of a judicial proceeding brought
by one Party to this Agreement against another Party to this Agreement for enforcement or for breach
of any provision of this Agreement, the prevailing Party in such judicial proceeding shall be entitled to
reimbursement from the unsuccessful Party of all costs and expenses, including reasonable attorneys'
fees, incurred in connection with such judicial proceeding.
18. 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
Effective Date. This Agreement is fully assignable by Owner with prior consent of the Village which
consent shall not be unreasonably withheld.
19. 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
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official capacities as members of such group and shall have no personal liability in their individual
capacities.
27. Notices. Any notice required pursuant to the provisions of this Agreement shall be in
writing and be sent by overnight courier by a nationally recognized courier service or by certified mail,
return receipt requested, with postage prepaid to the following aJdresses until notice of change of
address is given in accordance with this Section. A notice shall be deemed received, in the case of
overnight courier, on the next business day following delivery to the courier by the party giving notice,
or in the case of certified mail, on the fifth (5th) business day following deposit in the U.S. Mail.
If to Owner: Depot Place LLC
Edward Weiner, Manager
16043 Depot Place
Prairie View, Illinois 60069
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, Illinois 60089
Copy to: William G. Raysa, Esq.
Raysa &Zimmermann, LLC.
22 S. Washington Avenue
Park Ridge, Illinois 60068
28. Default.
A. In the event Owner defaults in performance of its obligations set forth in this
Agreement, then the Village may, upon notice to Owner and in addition to all other remedies available
to the Village, allow Owner sixty (60) days to cure the default or to provide evidence acceptable to the
Village that such default will be cured in a timely manner.
B. The Village agrees that upon sale of the Property or any portion thereof Owner
is exculpated from any liability or obligation to perform the commitments and obligations set forth
herein with respect to the Property or portion thereof and that the Village will look solely to the new
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owner of the Property or such portion thereof for such performance, and such new owner shall be
subject to the liabilities, commitments and obligations of this Agreement.
29. Litigation.
A. Owner, at its cost, shall be responsible for and control the defense of any
litigation initiated by third parties (i.e., not the Village) that may arise relating to the annexation, zoning
and development of the Property. The Village shall cooperate with Owner in said litigation but Owner
will have principal responsibility for and control of such litigation, whether or not the Village is also
named as a party to the litigation. Owner shall reimburse the Village for reasonable attorneys' fees,
expenses and costs incurred by the Village resulting from such litigation.
B. Each Party shall indemnify and hold the other Party harmless from any actions
or causes of action which may arise as a result of the acts or omissions of the other Party.
30. Disconnection. Owner hereby expressly waives any rights it has to disconnect the
Property from the Village during the term of this Agreement. The Parties agree that this Agreement
shall represent an affirmative defense to any petition for disconnection of the Property from the
Village. The Village shall not take any actions to disconnect or exclude the Property from the Village's
corporate limits.
31. Special Conditions.
a) The Property shall be zoned within the Industrial District with a special use for outdoor storage.
The outdoor storage and operations on the Property shall be limited to the Description of the
Property, identified within Exhibit E attached hereto, or comparable uses as determined by the
Village. It is understood and agreed that the existing salt storage structure on the Property is a
temporary structure that will be allowed to remain in place but it shall not be expanded or
otherwise modified without the prior approval of the Village. The area surrounding the salt
storage facility shall be paved no later than October 1, 2009.
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b) Owner agrees that no additional permitted or special uses other than the special use approved
pursuant to this Agreement are authorized for the Property until approved by the Village.
c) The Owner shall comply with the Pre Annexation Code Correction List identified as Exhibit D
attached hereto.
d) Owner shall comply with all applicable laws and regulations of the Illinois Environmental
Protection Agency and other governmental authorities related to the operation of all uses on
the Property.
e) Owner shall comply with the Illinois Vehicle Code and other regulations to minimize nuisances
such as dust, noise and odors, and removal of all spills and deposits upon public roadways.
Owner shall cooperate with the Village if mitigation measures are requested by the Village to
address specific problems or occurrences.
f) The Owner shall pay to the Village a fire protection impact fee of $0.75 per gross square foot
of new building area constructed on the Property. This amount of$0.75 per gross square foot
of building area shall not be increased during the term of this Agreement.
g) If the Owner fails to annex the property to the Village by March 23, 2009 the Village shall have
the right to terminate any Village water and sewer service to the Property.
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IN WITNESS WHEREOF, the Corporate Authorities and Owner have caused this instrument
to be executed by their respective proper officials and representatives duly authorized to execute the
same as of the day and the year first above written.
VILLAGE OF BUFFALO GROVE
Elliott Hartstein, Village President
ATTEST:
By: 2R2tt'A1Y\ .
VILLAOE CLERK
OWNER: DEPOT PLACE LLC
By:
Edward Weiner, Manager
This document prepared by: William Raysa, 22 S. Washington Ave., Park Ridge, IL. 60068
After Recording Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Blvd.
Buffalo Grove, IL. 60089
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EXHIBIT A
LEGAL DESCRIPTION
PIN 15-28-200-081
THAT PART OF THE NORTHEAST QUARTER OF SECTION 28, AND THE NORTHWEST QUARTER OF
SECTION 27, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DF-SCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF LOT 6 IN BLOCK THREE OF FRILLMAN
PARK, A SUBDIVISION RECORDED JULY 1, 1887 AS DOCUMENT NUMBER 35931, IN BOOK 7 "A" OF
PLATS, PAGE 63 IN LAKE COUNTY, ILLINOIS, AND THE EASTERLY RIGHT OF WAY LINE OF WEILAND
ROAD (FORMERLY BUFFALO GROVE ROAD OR FRILLMAN AVENUE); THENCE NORTH 89 DEGREES 24
MINUTES 36 SECONDS EAST ALONG THE SOUTH LINE OF SAID BLOCK 3 A DISTANCE OF 346.15 FEET
TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 24 MINUTES 36 SECONDS EAST 15.38
FEET; THENCE NORTHWESTERLY ALONG AN ARC OF A CURVE, CONCAVE TO THE NORTHEAST
HAVING RADIUS OF 11315.03 FEET AND AN ARC LENGTH OF 119.64 FEET; THENCE NORTH 21
DEGREES 43 MINUTES 00 SECONDS WEST, 32.02 FEET; THENCE SOUTH 89 DEGREES 47 MINUTES 46
SECONDS EAST, 6.35 FEET; THENCE SOUTHEASTERLY ALONG AN ARC OF A CURVE, CONCAVE TO
THE SOUTH HAVING A RADIUS OF 50.00 FEET AND AN ARC LENGTH OF 129.94 FEET, THENCE
NORTHWESTERLY ALONG AN ARC OF A CURVE, CONCAVE TO THE NORTHEAST HAVING A RADIUS
OF 11410.03 FEET AND AN ARC LENGTH OF 6.97 FEET; THENCE NORTH 21 DEGREES 43 MINUTES 00
SECONDS WEST, 46.15 FEET, THENCE SOUTH 89 DEGREES 47 MINUTES 46 SECONDS EAST, 5.39
FEET; THENCE SOUTH 21 DEGREES 43 MINUTES 00 SECONDS EAST, 44.13 FEET; THENCE
SOUTHEASTERLY ALONG AN ARC OF A CURVE, CONCAVE TO THE NORTHEAST WITH A RADIUS OF
11410.03 FEET AND AN ARC LENGTH OF 610.97 FEET; THENCE SOUTH 18 DEGREES 39 MINUTES 00
SECONDS EAST, 13.00 FEET; THENCE NORTH 71 DEGREES 01 MINUTES 00 SECONDS EAST, 13.50
FEET; THENCE SOUTH 17 DEGREES 19 MINUTES 35 SECONDS EAST, 211.11 FEET, THENCE SOUTH 86
DEGREES 31 MINUTES 50 SECONDS EAST, 341.23 FEET; THENCE NORTH 04 DEGREES 46 MINUTES 10
SECONDS WEST, 385.79 FEET; THENCE NORTHWESTERLY ALONG AN ARC OF A CURVE, CONCAVE
TO THE NORTHEAST WITH A RADIUS OF 70.00 FEET AND AN ARC LENGTH OF 40.99 FEET; THENCE
NORTH 01 DEGREES 41 MINUTES 07 SECONDS WEST, 229.51 FEET TO THE POINT OF BEGINNING, ALL
IN LAKE COUNTY, ILLINOIS.
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EXHIBIT B
PLAT OF ANNEXATION
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EXHIBIT B-1
ADDENDUM TO EXHIBIT B
The Plat of Annexation dated May 26, 2006 and attached hereto as Exhibit B sets forth a legal
description which is an area of 3.52 acres and the map indicates the area to be annexed to include
the adjacent unincorporated highway (Depot Place) which is an area of 0.17 acres for a total area
annexed of 3.69 acres.
The legal description set forth in the Plat of Annexation dated May 26, 2006 and attached hereto as
Exhibit B is hereby modified pursuant to 65 ILCS 5/7-1-1 to include any adjacent unincorporated
highway.
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EXHIBIT C
DEVELOPMENT IMPROVEMENT AGREEMENT
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EXHIBIT D
PRE-ANNEXATION INSPECTION CODE CORRECTION LIST
CORRECTION TO BE MADE WITHIN THIRTY DAYS OF ANNEXATION
1. Post the Village issued street address for the Atlas site off Depot Street.
2. Post the Village issued street address for the Mix On Site site off Abbott Court.
CORRECTION TO BE MADE WITHIN ONE YEAR OF ANNEXATION
1. Position at the proper height the guard rail to protect the two outdoor above ground fuel storage
tanks located on the site to provide maximum collision protection.
2. An old heating oil tank is used to collect waste oil. This tank is located outside and does not have
any secondary containment. Secondary containment boxes shall be placed under all of the oil
drums used within the building.
3. The non-fire treated plywood walls used on the office in the Atlas warehouse must be covered with
drywall.
4. Provide permanent labels at both of the electrical meters and at both electric service panels. The
labels need to indicate which meter supplies power to which electrical panel. For example, label
meter number one (1) with an "A". When you identify the electrical panel that meter "A" serves,
provide a permanent label on the cover of the electrical panel to correspond with the meter that
serves it. Do the same for meter number two (2).
5. Replace the door hardware at egress doors with lever type handles.
OTHER ACTION ITEM
6. The owner agrees to voluntarily install an approved fire alarm system in accordance with the 2007
edition of NFPA 72, the National Fire Alarm Code in the main building within four months of the
date of annexation subject to conditions set forth herein. There shall be no fees paid to the Village
for review or permitting of this work. Installation will be permitted using existing pencil rods in
above-ceiling applications. The alarm will be permitted to be monitored at an approved central
station for a period up to five years. After five years, the system shall be monitored at the Buffalo
Grove Fire Department dispatch center using approved radio-wave technology.
7. The staging area adjacent to the salt dome and the ingress and egress from Depot Place shall be
paved no later than October 1, 2009 in accordance with a site plan as approved by the Village.
Any debris, dirt or other material transferred from the site to the public roadway shall be cleaned
immediately in accordance with 625 ILCS 5/11-1413, Depositing material on highway prohibited.
8. At the request of the Village, the north parking lot shall be striped to be in conformance with the
Illinois Accessibility Code and the Village of Buffalo Grove Zoning Ordinance.
9. No modifications will be requested regarding the stormwater management or drainage on the
Property unless new development is considered which will require review by the Village Engineer.
Prepared by Ghida Neukirch, Deputy Village Manager based on feedback from the Building & Zoning
Department, Health Division, and Fire Prevention Bureau personnel.
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EXHIBIT E
DESCRIPTION OF THE PROPERTY
The business "Mix on Site" currently operates from the Property, and leases three work areas,
currently Atlas Restoration, Deanny Excavating, and Arctic Snow & Ice Control, Inc.
The office and work areas on site that are constructed of wood are non-conforming structures. Any
construction or reconstruction on site shall comply with the Village Building Code as it pertains to the
area which is proposed to be constructed or reconstructed.
The rear yard, including the south parking area used by Mix on Site, is composed of gravel and is not
marked or stripped. The north lot, used by Atlas Restoration, is asphalt, although lacks any
discernable stripping or markings.
See attached list of vehicle and equipment inventory. Other items located on site are as follows:
1. Salt dome on site, 50W x 144L x 25H.
2. Several accessory structures used for storage are located on site.
3. Skids of piping.
4. 55 g drums + large plastic tanks of cellular foam admixture, other admixtures, hydraulic fluids, and
other comparable substances. Large tanks are primarily filled with water.
5. Mix On Site stores raw material on site primarily for testing and occasional local work. This can
consist of cement, fly ash, sand, stone, admixtures, etc. Concrete type waste is created during
testing, maintenance, and production activity and this is disposed of off-site.
6. Approximately ten transportation containers are on site to store supplies, batch controls, and
equipment as well as railroad cargo, plus one pontoon boat.
7. Numerous barrels on site whereby the majority of the drum and tote inventory consist of cellular
foam concentrate which is classified similar to a soap product. Other supplies in barrels or totes
may include hydraulic oil, motor oil, concrete admixtures, and grease.
8. Large three-tiered rack, approximately 100' L x 16' H storing tires and other equipment used in the
day-to-day operation of the business.
9. Four vertical storage tanks which are moved onto project sites; although some storage tanks are
permanent.
10. An existing, non-conforming chain-link fence surrounds the property at a height of 8 feet.
Replacement of the fence shall require a Village permit. An existing interior fence divides the
various tenants.
11. The current or similar uses on the Property are deemed acceptable to the Village as set forth
herein.
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