2005-011 2/28/2005
ORDINANCE NO. 2005 - 11
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR
Jacobs Homes
Estates at Hidden Lake
North side of Deerfield Parkway west of Hidden Lake Drive
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the
Illinois Constitution of 1970; and,
WHEREAS,there has heretofore been submitted to the Corporate Authorities of the Village
of Buffalo Grove a petition to annex the property legally described in Exhibit A hereto; and,
WHEREAS,there has been submitted to the Corporate Authorities of the Village of Buffalo
Grove an Annexation Agreement; and,
WHEREAS, proper and due notice of the public hearing concerning said Annexation
Agreement and zoning have been given and the public hearing was held; and,
WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to
approve said Annexation Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS:
Section 1. The Annexation Agreement, a copy of which is attached hereto and made a part
hereof as Exhibit A, is approved.
Section 2, The President and Clerk of the Village are hereby authorized to execute said
Agreement on behalf of the Village of Buffalo Grove.
Section 3. This Ordinance shall be in full force and effect from and after its passage and
approval. This Ordinance shall not be codified.
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AYES: 6—Braiman Glover,Berman, Kahn, Trilling, Rubin
NAYES: 0 -None
ABSENT: 0—None
PASSED: February 28, 2005 APPROVED: February 28, 2005
ATTEST: APPROVED:
Villa Jerk ELLIOTT HARTSTEIN,Village President
This document was prepared by: Robert E. Pfeil,Village Planner,
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
2/24/2005
ANNEXATION AGREEMENT
Jacobs Homes
The Estates at Hidden Lake
North side of Deerfield Parkway west of Hidden Lake Drive
TABLE OF CONTENTS
Page
1. Applicable Law. ..............................................................................................3
2. Agreement: Compliance and Validity...............................................................3
3. Enactment of Annexation Ordinance...............................................................3
4. Enactment of ZoWW Ordinance. ....................................................................4
5. Approval of Plans.............................................................................................4
6. Compliance with Applicable Ordinances. .......................................................4
7. Amendment of Plan. ........................................................................................5
8. Building Permit Fees. .....................................................................................5
9. Water Provision. ..............................................................................................6
10. Storm and Sanitary Sewer Provisions..............................................................6
11. Drainage Provision...........................................................................................7
12. Payment of Recapture Fees Owed. ..................................................................8
13. Security for Public and Private Site Improvements. ........................................8
14. Exhibits. ...........................................................................................................8
15. Annexation Fee................................................................................................9
16. Building,Landscaping and Aesthetics Plans. ..................................................9
17. Pro'ect Models.................................................................................................9
18. Park District Donations..................................................................................10
19. School District Donations..............................................................................10
20. Library District Donations. ............................................................................10
21. Conditions Concerning Parks and School Donations....................................10
22. Facilitation of Development...........................................................................10
23. Enforceability of the Agreement....................................................................11
24. Term of Agreement........................................................................................ 11
25. Corporate Capacities. ...................................................................................I I
26. Notices. ......................................................................................................... 12
27. Default............................................................................................................ 12
28. Litigation........................................................................................................ 13
29. Special Conditions. .......................................................................................14
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2/24/2005
ANNEXATION AGREEMENT
Jacobs Homes
The Estates at Hidden Lake
North side of Deerfield Parkway west of Hidden Lake Drive
This agreement(hereinafter referred to as the"Agreement")made and entered into this 70'
day of February,2005,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 Sung Kyu and Suk Chung Lee
(hereinafter referred to as"Owner")and The Estates at Hidden Lake LLC(hereinafter referred to as
the"Developer").
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, the proposed development site is comprised of three parcels (hereinafter
referred to as the "Property")with a total area of 6.9 acres legally described and identified in the
legal description, attached hereto as Exhibit A made a part hereof, and which real estate is
contiguous to the corporate limits of the Village; and,
WHEREAS, Owner is the owner of the real property described in Exhibit A hereto;and,
WHEREAS,The Estates at Hidden Lake LLC is hereinafter referred to as the Developer;
and,
WHEREAS, a Plat of Annexation, including certain street right-of-way adjacent to the
Property, is attached hereto as Exhibit B, which depicts a total area of 7.21 acres to be annexed;
2
and,
WHEREAS, Developer desires and proposes pursuant to the provisions and regulations
applicable to the R-4 District of the Village Zoning Ordinance to develop the Property in
accordance with and pursuant to a certain Preliminary Plan prepared by Groundwork, Ltd, and
dated as last revised January 14,2005 and also a certain Preliminary Engineering Plan prepared by
Groundwork, Ltd. and dated as last revised December 15,2004(hereinafter jointly referred to as
"Preliminary Plan")a copy of which Preliminary Plan is attached hereto as Exhibits D,D-1 and E
and incorporated herein, and subject to all other exhibits attached hereto or incorporated by
reference herein. Said development of the Property shall consist of 19 single-family detached
dwelling units, in accordance with the exhibits incorporated herein.
WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et seq., of the Illinois
Municipal Code (65 ILCS 5/11-15.1-1 et seq.) and as the same may have been modified by the
Village's Home 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 ofthe Village
has held a public hearing and made its recommendations with respect to the zoning and variations
of the Village Development Ordinance and Zoning Ordinance; and,
WHEREAS,the President and Board of Trustees after due and careful consideration have
concluded that the annexation of the Property to the Village and its zoning and development on the
terms and conditions herein set forth would further enable the Village to control the development
of the area and would serve the best interests of the Village.
3
NOW,THEREFORE,in consideration of the premises,mutual covenants and agreements
herein set forth,the parties hereto agree as follows:
1. Applicable Law. This Agreement is made pursuant to and in accordance with the
provisions of Section 5/11-15.1-1 et seq.,of the Illinois Municipal Code(65 ILCS 5/11-15.1-1 et
seq.)and as the same may have been modified by the Village's Home Rule powers. The preceding
whereas clauses are hereby made a part of this Agreement.
2. Agreement:Compliance and Validity. The Owner has filed with the Village Clerk
of the Village a proper petition pursuant to and in accordance with the provisions of Section 5n-1-
8 of the Illinois Municipal Code(65 ILCS 5n-1-8)and as the same may have been modified by the
Village's Home Rule powers,conditioned on the execution of this Agreement and the compliance
with the terms and provisions contained herein, to annex the Property to the Village. It is
understood and agreed that this Agreement in its entirety, together with the aforesaid petition for
annexation,shall be null,void and of no force and effect unless the Property is validly annexed to
the Village and is validly zoned and classified in the R-4 District, 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 an ordinance (hereinafter
referred to as the"Annexation Ordinance")annexing the Property to the Village. Said Annexation
Ordinance shall be recorded at the Lake County Recorder's Office along with the Plat of
Annexation(attached hereto as Exhibit B).
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4. Enactment of Zoning Ordinance. Within twenty-one(21)days after the passage of
the Annexation Ordinance,the Corporate Authorities shall enact an ordinance zoning the Property
in the R-4 District 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 the Preliminary Plan(Exhibits
D and E) and the other exhibits attached hereto or incorporated by reference herein.
5. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plan
(Exhibits D,D-1 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
or Developer 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 and Developer agree 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
5
similarly zoned and situated to the extent possible. Developer,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.Notwithstanding the foregoing,the Village shall not apply new
ordinances or regulations to the Property to the extent that the ordinances or regulations would
prevent development of the Preliminary Plan approved herein.
7. Amendment of Plan. If the Developer desires to make changes to the Preliminary
Plan as herein approved,the parties agree that such changes to 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 the Corporate Authorities to consider
such changes to the Preliminary Plan. The Corporate Authorities may, in 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 to the
Preliminary Plan. The Village Manager is hereby authorized to approve such minor changes as he
deems appropriate, provided that no such change increases the total ground area covered by
buildings by more than two percent(2%).
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 or Developer 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 or Developer shall pay any non-
6
discriminatory new or additional fees hereinafter charged by the Village to owners and developers
of properties within the Village.
9. Water Provision. The Developer shall be permitted and agrees to tap on to the
Village water system at points recommended by the Village Engineer which points to the extent
shown on Exhibit E 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 Developer
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 Developer 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 all users 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 Developer 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 Developer
and to use their best efforts to aid Developer 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 and to the Lake County
Division of Transportation as may be appropriate. The Developer shall construct on-site and off-
site sanitary sewers as may be necessary to service the Property,in accordance with Exhibit E.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 Developer 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 Developer shall also construct any storm sewers which may be
necessary to service the Property, in accordance with Exhibit E. 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 that portion of the storm sewer
system which serves multiple properties.The Developer agrees to operate and maintain that portion
of the storm sewer system located on the subject Property and not dedicated.
11. Drainage Provisions. The Developer shall fully comply with any request of the
Village Engineer related to the placement of buildings on lots,to preserve drainage standards. The
Developer 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.
8
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.
14. Exhibits. The following Exhibits, some of which were presented in testimony
given by the Developer 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.
EXHIBIT A Legal Description
EXHIBIT B Plat of Annexation dated February 23,2005
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan(Site Plan)dated as last revised January 14,2005
(11 x 17-inch color and 24x3 6-inch blackline)by Groundwork,Ltd.
9
EXHIBIT D-1 Preliminary Site Plan dated February 18, 2005 depicting building
areas and rear yard setback areas for Lots 11 and 13 by
Groundwork, Ltd.
EXHIBIT E Preliminary Engineering Plan dated as last revised December 15,
2004 by Groundwork, Ltd.
EXHIBIT F Landscape Plan and Tree Protection Plan dated December 6,2004
(Sheets L-1, L-2, L-3 & L-4) 11x17-inch color (Sheet L-1) and
2406-inch blackline)by Michael Snyder Landscape Architecture
EXHIIBT G Tree Inventory and Report dated December 7,2004 by Urban Forest
Management, Inc.
EXHIBIT H Site and Zoning Information Sheet dated November 8, 2004
EXHIBIT I Traffic Report dated November 4, 2004 by KLOA
15. Annexation Fee. Owner and Developer agree to pay an annexation fee of$700.00
per dwelling unit, which fee shall be payable pro rata at issuance of building permits. This fee,
however, shall be paid in full prior to the expiration of this Agreement.
16. Building,Landscaping and Aesthetics Plans. Developer will submit final plans
concerning building appearance and landscaping at the time of application for the first building
permit for the Property. Portions of the Property not under construction or completed shall be
maintained in a neat and orderly fashion as determined by the Village Manager.
17. Project Models. The Village agrees to allow the Developer to construct and
maintain one model area on the Property,consisting of a maximum of one building,together with
suitable off-street parking areas, all subject to Village approval. Such construction shall be in
compliance with the provisions of the Village's Building Code in effect at the time of building
permit issuance. The Developer may use the model only for marketing the Property. Such use
shall be discontinued when development of the Property as approved herein has been completed as
10
determined by the Village.
18. Park District Donations. Owner and Developer agree to comply with the provisions
of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding park
donations. Developer agrees to make cash contributions to the Village for conveyance to the
Buffalo Grove Park District to fulfill the obligation of the Property concerning park donations.
19. School District Donations. Owner and Developer agree to comply with the
provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time
regarding school donations. Developer agrees to make cash contributions to the Village for
conveyance to School Districts 102 and 125 according to the criteria of said Title.
20. Library District Donations. - Owner and Developer agree to comply with the
provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time
regarding library donations.
21. Conditions Concerning Parks,School and Library Donations.It is understood and
agreed that rooms in the residential units labeled as dens,lofts,studies,libraries or bonus rooms on
the floor plans will be counted as bedrooms for the purposes of calculating park,school and library
donations,if,in the judgment 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.
22. 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
11
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 and 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 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.
23. Enforceabil�y of the Agreement. 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 to secure
the performance of the covenants herein described. If any provision of this Agreement is held
invalid,such provision shall be deemed to be excised herefrom and the invalidity thereof shall not
affect any of the other provisions contained herein.
24. Term of Agreement. This Agreement is binding upon the Property,the parties
hereto and their respective grantees,successors and assigns for a term of twenty(20)years from the
date of this Agreement. This Agreement shall not be assigned without prior written consent of the
Village.
This Agreement may be amended by the Village and the owner of record of a portion of the
Property as to the provisions applying thereto,without the consent of the owners of other portions
of the Property.
25. 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
12
in their official capacities as members of such group and shall have no personal liability in their
individual capacities.
26. 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 Developer: Keith Jacobs
Jacobs Homes
700 Osterman Avenue
Deerfield, IL 60015
Copy to: Mr. Lawrence M. Freedman,Esq.
Ash, Anos, Freedman& Logan
77 N. Washington Street, Suite 1211
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&Zimmermann,LLC.
22 S. Washington Ave
Park Ridge, IL 60068
27. Default.
a) In the event Owner or Developer default in performance of their obligations
set forth in this Agreement,then the Village may,upon notice to Owner or Developer,allow Owner
or Developer 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 period. If Owner or Developer fail to
cure such default or provide such evidence as provided above,then,with notice to Owner or
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Developer,the Village may begin proceedings to disconnect from the Village any portion of the
Property upon which obligations or development have not been completed or at the option of the
Village,to rezone such Property to the Residential Estate District. In such event,this Agreement
shall be considered to be the petition of the Owner or Developer to disconnect such portion of the
Property,or at the option of the Village,to rezone such Property to the Residential Estate District.
b) In addition to sub-paragraph a)hereof,it is recognized by the parties hereto
that there are obligations and commitments set forth herein which are to be performed and provided
by the Developer not by the Owner. The Village agrees that the Owner as such is exculpated from
any personal liability or obligation to perform the commitments and obligations set forth herein and
that the Village will look solely to the Developer for such performance,except that to the extent
that the Owner or successor thereto shall become a developer or shall designate or contract with a
developer other than Jacobs Homes.In that case,the Owner or the new designee shall be subject to
the liabilities,commitments and obligations of this Agreement. In the event the Developer defaults
in its obligations created under this Agreement, the Village may enforce such obligations against
the Property Owner.
28. Litigation.
a) The Owner and Developer, at their cost, shall be responsible for any
litigation which may arise relating to the annexation, zoning and development of the Property.
Owner and Developer shall cooperate with the Village in said litigation but Owner/Developer's
counsel will have principal responsibility for such litigation.
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b) The Owner and Developer 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 or Developer.
c) Owner and Developer hereby indemnify and hold the Village harmless from
any actions or causes of action which may arise as a result of development activities for which the
Owner or Developer is responsible.
29. Special Conditions.
a) Variations - The following variations are hereby granted as depicted on
Exhibits D and E.
(1) Zoning Ordinance
(a) Section 17.40.020.B.—To allow a rear yard of 35 feet instead
of 40 on Lot#12.
(2) Development Ordinance
(a) Section 16.50.040.C.4. — Concerning the design of the
stormwater retention facility(pond):to waive the requirement
for a 12-foot wide flat area 18 inches above the highwater line
around the perimeter of the pond.
(b) Section 16.50.050.D.7.—To allow a reduction in the
minimum depth of the sanitary sewer line from the required 6-
foot depth to 5 feet.
(3) Floodplain Ordinance
(a) Section 18.20.020.E. — To allow reduction of the required
horizontal setback of a building from the floodplain from 25
feet to 15 feet on Lots#15 and#16.
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b) Floodplain requirement — All development shall conform to Federal
Emergency Management Agency(FEMA)Technical Bulletin 10-01.
c) Tree protection and landscaping—Developer shall obtain approval of the
Village Forester prior to any site grading or removal,relocation or trimming of trees on the Property.
A final landscaping plan shall be submitted for review and approval by the Village Forester prior to
application for a building permit.
d) Real estate transfer tax—It is understood and agreed that the Village of
Buffalo Grove levies a real estate transfer tax on all conveyances of real property in the Village. The
Property shall be considered to be in the Village upon passage of the annexation ordinance by the
Corporate Authorities.
e) Addresses—It is understood and agreed that upon annexation the Village will
issue new street addresses for buildings on the Property to ensure proper identification for provision
of services,and Owner and Developer shall use said Village addresses in place of current addresses
assigned by Lake County. Owner or Developer is also required to contact the Buffalo Grove Post
Office and submit a change of addresses requesting use of the addresses as assigned by the Village.
f) Security Interest Affecting Title—Owner and Developer represent and
warrant that that the only mortgagee, lien holder or holder of any security interest affecting title to
the Property or any part thereof is Foster Bank. Foster Bank by its written approval of this
Agreement acknowledges that this Agreement is superior to its security interest in the Property.
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g) Fire District Reimbursement—Owner shall deposit with the Village the
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 Section
705/20 of the Illinois Fire Protection Act (70 ILCS 705/20). Said deposit, as determined by the
Village, shall be made by the Owner within sixty(60)days of the date of this Agreement.
h) Well and septic facilities--All water wells and septic sewer facilities on the
Property shall be properly sealed or pumped and filled as required by the Illinois Department of
Public Health and as approved by the Village Health Officer. Any underground tanks shall be
removed as permitted and approved by the Illinois State Fire Marshal. Said sealing and removing of
wells, septic facilities and underground tanks shall be completed on a schedule as directed by the
Village.
i) Removal of buildings—All buildings, structures,vehicles and other
materials on the Property shall be removed prior to any development. If the Village determines, in
the period prior to development, that structures or other objects need to be removed from the
Property to prevent health or nuisance problems,Developer shall comply pursuant to the Village's
direction.
j) Stormwater management parcel—The area labeled as "proposed retention"
on Exhibits D and E shall be platted as an outlot on the final plat of subdivision for the Property.It is
understood and agreed that that the Village shall accept ownership of said outlot, which shall be
conveyed in fee to the Village at the request of the Village. All improvements as required by the
Village shall be completed to the Village's satisfaction prior to conveyance of said outlot to the
17
Village.
k) Construction access- During the construction of the development approved
by this Agreement,construction vehicles and equipment,including construction workers'personal
vehicles, shall enter and leave the Property via Deerfield Parkway, not Hidden Lake Drive.
Developer shall install signs as directed by the Village to regulate construction traffic. Developer
shall inform all contractors involved in development of the Property that construction vehicles and
equipment are not allowed to use Hidden Lake Drive for access to the Property.The Developer shall
ensure that construction vehicles and equipment and the personal vehicles of workers involved in the
development of the Property are not parked on Hidden Lake Drive or any other residential streets
adjacent to the Property.
18
IN WITNESS WHEREOF, the Corporate Authorities, Owner and Developer have
caused this instrument to be executed by their respective proper officials duly authorized to execute
the same on the day and the year first above written.
VILLAGE OF BUFFALO GROVE
ELLIOTT HARTSTEIN,Village President
ATTEST:
By • -
"'VILLAGE CLERK
OWNER:
By
DEVELOPER: Jacobs Homes ZLAC As Solf
MA► 4c---e of 77je c=s,6� AT N DDT "kr, L1.G
By
�s'rsys� &mabMg-�► vjc:F pet-S���T
This document prepared by: OF
Robert E. Pfeil
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove,IL 60089
19
Exhibit A -Legal Description
Jacobs Homes(Lee property)
Estates at Hidden Lake
North side of Deerfield Parkway west of Hidden Lake Drive
Parcel 1:The north '/z of the northwest'/4 of the southeast'/4 of the northwest'/4 of the southwest'/4 of Section
28,Township 43 North,Range 11 East of the Third Principal Meridian, in Lake County,Illinois;and,
Parcel 2: The south''/2 ofthe northwest'/4 ofthe southeast'/4 ofthe northwest'/4 ofthe southwest'/4 of Section
28,Township 43 North,Range 11 East of the Third Principal Meridian, in Lake County,Illinois;and,
Parcel 3:That part of the northwest'/4 of the southwest'/4 of Section 28,Township 42 North,Range 11 East of
the Third Principal Meridian described as follows:the east 165 feet of the west 660 feet of the north 330 feet of
the south 660 feet of the northwest '/4 of the southwest '/4 of said Section 28, also the south 330 feet of the
northwest '/4 of the southwest'/4(except the west 495 feet thereof and except that part of the south 155 feet
lying east of the west 713.7 feet thereof and except the east 330 feet of the north 175 feet thereof and except
the south 60 feet conveyed for highway widening)in Lake County,Illinois; and,
Parcel 4:The south 155 feet of the northwest'/4 ofthe southwest'/4 of Section 28,Township 43 North,Range
11 East of the Third Principal Meridian lying east of the west 713.70 feet(except the east 330 feet thereof and
except the south 60 feet conveyed for highway widening) in Lake County, Illinois;and,
Parcel 5: That part of the south 660 feet of the northwest quarter of the southwest quarter of Section 28,
Township 43 North,Range 11 East of the Third Principal Meridian lying north of the south 330 feet thereof
and lying east of the west 660 feet thereof and lying west of the west line and its southerly extension of the
northwest quarter of the southeast quarter of the northwest quarter of the southwest quarter of said Section 28
in Lake County,Illinois;and,
Parcel 6:That part of the northwest quarter of the southwest quarter of Section 28,Township 43 North,Range
11 East of the Third Principal Meridian lying north of the north line of the south 330 feet of the northwest
quarter of the southwest and lying south of the south line of the northwest quarter of the southeast quarter of
the northwest quarter of the southwest quarter of Section 28 and lying east of the southerly extension of the
west line of the northwest quarter of the southeast quarter of the northwest quarter of the southwest quarter of
said Section 28 all in Lake County,Illinois;and
Parcel 8:That part of the northwest quarter of the southwest quarter of Section 28,Township 43 North,Range
11 East of the Third Principal Meridian,lying north of the south 330 feet thereof,lying west of the west line of
Westchester Estates Subdivision and lying east of the east line of the northwest quarter ofthe southeast quarter
of the northwest quarter of the southwest quarter of Section 28 aforesaid, in Lake County,Illinois; and,
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 7.21-acre tract(including 0.31 acres of
Deerfield Parkway right-of-way),on the north side of Deerfield Parkway west of Hidden Lake Drive,including 16808,
16820,and 16878 W.Deerfield Parkway.
PIN: 15-28-300-006
PIN: 15-28-300-007
PIN: 15-28-300-047
CONSENT OF MORTGAGEE
FOSTER BANK, a(n) -s , in its capacity as mortgagee under the
"Mortgages" (as hereinafter defined) which encumber all or some portion of the property
described on Exhibit A attached hereto and made a part hereof hereby consents to the execution
and recording of the within Annexation Agreement and agrees that the Mortgages are
subordinate and subject thereto. As used herein, the term "Mortgages" shall mean (1) that
certain Mortgage dated May 10, 2000 and recorded with the Lake County Recorder of Deeds
(the "Recorder") on May 30, 2000 as Document No. 04533297; and (2)that certain Mortgage
dated April 21, 2003 and recorded with the Recorder on May 29, 2003 as Document
No. 005250596.
IN WITNESS WHEREOF, the undersigned has caused this Consent of M
prtgagee to be
signed by its duly authorized officer on its behalf as of this day of
� 2005.
FOSTER ANK, a(n)
I
By:
Its: ,' aaM + c-e,,-
Nam6 (Printed) M04 Moo t �
STATE OF t)Nv 1 S
SS
COUNTY OF C-0 0
I, - Soo K,PA , a Notary Public in and for said County and State, do
hereby certify that the V;[P `Prrr�Pr,�' of FOSTER
BANK, a(n) , as such appeared
before me this day in person and acknowledged that�he signed and delivered said instrument
as hic free and voluntary act, and as the free and voluntary act of said Bank, for the uses and
purposes therein set forth.
GIVEN under my hand and notarial seal this 1' day of "O rC& 32005.
Notary Public
My Commission Expires: /a-/O-af66
OFFICIAL SEAL
CHEE•S00 KIM
NOTARY PUBLIC,STATE OF ILLINOIS
MY COMMISSION EXPIRES 12-10-2006