1998-092 r a
12/4/98
k
ORDINANCE NO. 98- 92
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR
ILLINI PARTNERS
Walareens store and comMer••ial bliil dill
Scarsdale Business Center and Roscher properties
Southeast corner of Buffalo Grove Road/Aptakisic Road
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the
Illinois Constitution of 1970; and,
WHEREAS, there has heretofore been submitted to the Corporate Authorities
of the Village of Buffalo Grove a petition to annex the property legally described in
Exhibit A hereto; and,
WHEREAS, there has been submitted to the Corporate Authorities of the
Village of Buffalo Grove an Annexation Agreement; and,
WHEREAS, proper and due notice of the public hearing on said Annexation
Agreement and Zoning has been given and a public hearing was held; and,
WHEREAS, it is determined to be in the best interest of the Village of Buffalo
Grove to approve said Annexation Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS:
Section 1. The Annexation Agreement, a copy of which is attached hereto
and made a part hereof as Exhibit A is approved.
Section 2. The President and Clerk of the Village are hereby authorized to
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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, Rgbin, Braiman, Hendricks, Glover
NAYES: 0 - None
ABSENT: 0 - None
PASSED: December 7. 1998 APPROVED: December 7, 1998
ATTEST: APPROVED:
Village Clerk SIDNEY KIMATHIAS, Village President
m
12/7/98
ILLINI PARTNERS
Proposed Wal greens stoir_e and commercial building
Scarsdale Business Center and Roscher properties
Southeast corner of Buffalo Grove Road/Aptakisic Road
ANNEXATION AGREEMENT
TABLE OF CONTENTS
1 . Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2. Agreement: Compliance and Validity . . . . . . . . . . . . . . . . . . 5
3. Enactment of Annexation Ordinance . . . . . . . . . . . . . . . . . . 5
4. Enactment of Zoning Ordinance . . . . . . . . . . . . . . . . . . . . . . 6
5. Approval of Plans. 6
6. Compliance with Applicable Ordinances 7
7. Amendment of Plan. 7
8. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10. Storm and Sanitary Sewer Provisions . . . . . . . . . . . . . . . . . . 9
11 . Drainage Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12. Payment of Recapture Fees Owed . . . . . . . . . . . . . . . . . . . 10
13. Security for Public and Private Site Improvements . . . . . . . . . 11
14. Right of Way Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . 11
15. Exbii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
16. Building Landscaping and Aesthetics Plans . . . . . . . . . . . . . 12
17. Declaration of Covenants Conditions and Restrictions 13
18. Annexation to the Buffalo Grove Park District . . . . . . . . . . . 14
19. Facilitation of Develo ment . . . . . . . . . . . . . . . . . . . . . . . . 14
20. Enforceability of the Agreement . . . . . . . . . . . . . . . . . . . . . 14
21 . Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
22. Binding Effect of Agreement . . . . . . . . . . . . . . . . . . . . . . . 15
23. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
24. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
25. Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
26. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
27. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
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ILLINI PARTNERS ANNEXATION AGREEMENT
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12/7/98
ILLINI PARTNERS
Wal greens_ re and' gommerpial uildina
Scarsdale Business Center and Roscher properties
Southeast corner of Buffalo Grove Road/Aptakisic Road
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and
entered into this 7th day of December, 1998, 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 La Salle National Bank and Trust Company as Trustee
under Trust No. 111557 dated September 15, 1986 and American National Bank
and Trust Company of Chicago as Trustee under Trust No. 1 2298 1-05 dated May
22, 1997 (hereinafter referred to as "Owners") and Illini Partners - Buffalo Grove
L.L.C. (hereinafter referred to as "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,
1
. 1
WHEREAS, La Salle National Bank and Trust Company as Trustee under
Trust No. 111557 dated September 15, 1986 is the owner of a certain tract of
property comprising 1 .5376 acres legally described and identified as Parcel 2
(0.1982 acres) and Parcel 3 (1 .3394 acres) of the Scarsdale Business Center in the
Legal Description, attached hereto as EXHIBIT A and made a part hereof, and which
real estate is within the corporate limits of the Village; and,
WHEREAS, American National Bank and Trust Company of Chicago as
Trustee under Trust No. 122981-05 dated May 22, 1997 is the owner of a certain
tract of property comprising 4.0714 acres known as the "Roscher property," and
legally described and identified as Parcel 1 (2.9326 acres) and Parcel 4 (1 .1388
acres) in the Legal Description, attached hereto as EXHIBIT A and made a part
hereof, and which real estate is contiguous to the corporate limits of the Village;
and,
WHEREAS, a Plat of Annexation, including certain street right-of-way
adjacent to the Roscher property (consisting of Parcel 1 and Parcel 4), is attached
hereto as EXHIBIT B, which depicts a total area of 4.4279 acres to be annexed;
and,
WHEREAS, the Village passed Ordinance 95-98 on October 2, 1995
approving a development in the B-3 Planned Business Center District for the
development known as the Scarsdale Business Center office building on Parcel 3
(1 .3394 acres) as described in EXHIBIT A; and,
WHEREAS, the Parcel 2 (0.1982 acres) of the Scarsdale Business Center
property as legally described and identified in EXHIBIT A is zoned in the Residential
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Estate District; and,
WHEREAS, said Scarsdale Business Center on Parcel 3 has not been
constructed; and,
WHEREAS, the Scarsdale Business Center property consisting of Parcel 2
and Parcel 3 as identified in EXHIBIT A and Parcel 1 of the Roscher property as
identified in EXHIBIT A are together hereinafter referred to as the "Property" (4.47
acres) which is legally described in EXHIBIT A-1 attached hereto; and,
WHEREAS, Developer has petitioned for approval of a Planned Unit
Development in the B-3 District, a Special Use concerning a drive-through pharmacy
facility and a Preliminary Plan, and proposes pursuant to the provisions and
regulations applicable to the B-3 Planned Business Center District of the Village
Zoning Ordinance to develop the Property in accordance with and pursuant to a
certain Preliminary Plan prepared by Stewart/Nosky Architects, Ltd. and dated as
last revised September 1 , 1998, and also a certain Preliminary Engineering Plan
prepared by Groundwork, Ltd. and dated as last revised September 4, 1998,
(hereinafter jointly referred to as "Preliminary Plan") a copy of which Preliminary
Plan is attached hereto as EXHIBITS D and E and incorporated herein, and subject
to all other exhibits attached hereto or incorporated by reference herein. Said
development of the Property shall consist of a Walgreens store of 15,120 square
feet including a drive-through pharmacy facility and a commercial building of
13,000 square feet.
WHEREAS, Parcel 4 (1 .1388 acres) of the Roscher property will be
conveyed to the Village; and,
3
a
WHEREAS, pursuant to the provisions of Section 5/1 1-15.1-1 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
Annexation Agreement was submitted to the Corporate Authorities and a public
hearing was held thereon pursuant to notice as provided by Statute; and,
WHEREAS, pursuant to due notice and advertisement, the Plan Commission
of the Village has held a public hearing and made its recommendations with respect
to the requested zoning classification of the B-3 Planned Business Center District
for the "Property," approval of a Special Use for a drive-through pharmacy facility,
and approval of a Preliminary Plan including variations of the Village Zoning
Ordinance, and zoning in the R-1 One-Family Dwelling District classification for the
property, including Parcel 4 of the Roscher property, legally described in EXHIBIT A-
2 attached hereto; and,
WHEREAS, the President and Board of Trustees after due and careful
consideration have concluded that the annexation to the Village of Parcel 1 and
Parcel 4, approval of an annexation agreement and Planned Unit Development for
the Property and Parcel 4, and development of the Property on the terms and
conditions herein set forth would further enable the Village to control the
development of the area and would serve the best interests of the Village.
NOW, THEREFORE, in consideration of the premises, mutual covenants and
agreements herein set forth, the parties hereto agree as follows:
1 . Applicable Law, This Agreement is made pursuant to and in
accordance with the provisions of Section 5/1 1-15.1-1 et. seq., of the Illinois
4
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.
2. Agreement: Compliance and Validity The Owner of the Roscher
property has filed with the Village Clerk of the Village a proper petition pursuant to
and in accordance with the 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, conditioned on the execution of
this Agreement and the compliance with the terms and provisions contained herein,
to annex the property as depicted on EXHIBIT B (including Parcel 1 and Parcel 4 of
the Roscher property as identified in EXHIBIT A) 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 Parcel 1 of the
Roscher property is validly annexed to the Village and is validly zoned and classified
in the B-3 Planned Business Center District and Parcel 4 of the Roscher property is
validly annexed to the Village and validly zoned in the R-1 One-Family Dwelling
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 a valid and binding ordinance (hereinafter referred to as the "Annexation
Ordinance") annexing the Roscher property (Parcel 1 and Parcel 4 as identified in
EXHIBIT A and on the Plat of Annexation, EXHIBIT B) to the Village. Said
Annexation Ordinance shall be recorded at the Lake County Recorder's Office along
5
1
with the Plat of Annexation (attached hereto as EXHIBIT B).
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 Parcel 1 of the Roscher property in the
B-3 Planned Business Center District and Parcel 4 of the Roscher property in the
R-1 One-Family Dwelling District, rezoning Parcel 2 of the Scarsdale Business
Center property to the B-3 District, approving a Planned Unit Development,
Preliminary Plan and Special Use for a drive-through pharmacy facility in the B-3
District for the Property consisting of Parcel 1 of the Roscher property and Parcel 2
and Parcel 3 of the Scarsdale Business Center property 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 other exhibits attached hereto or incorporated by reference herein.
5. Approval of Plans. The Corporate Authorities hereby approve the
Preliminary Plan (EXHIBITS D and E) pursuant to the provisions of the Development
Ordinance. The Corporate Authorities agree to approve a Development Plan
(including plats of subdivision) based on final versions of the plans and drawings of
the development of the Property as submitted by the 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
6
(c) conform to the approved Development Improvement Agreement as
amended from time to time.
Phasing of the development of the Property shall be in accordance
with applicable Village ordinances.
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 similarly zoned and situated to the extent possible. Owner and 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 will
prevent development of the Preliminary Plan approved herein.
7. Amendment of Plan. If the Owner or Developer desire 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,
7
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 in the Preliminary Plan. The Village
Manager is hereby authorized to approve such minor changes as he deems
appropriate, provided that no such changes - (a) involves a reduction of the area set
aside for common open space; nor (b) increases by more than two percent (2%)
the floor area proposed for nonresidential use; nor (c) increases by more than two
percent (2%) the total ground area covered by buildings.
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-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
8
time of the issuance of the water and sewer permits. The Owner and Developer
agree 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 Owner and 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
9
maintain such systems, except for sanitary sewer service connections. The Owner
and Developer agree 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 Owner and Developer agree 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.
12. Payment of Recapture Fees Owed Any amount of recapture required
to be paid by this Property pertaining to connection to the Village water system and
sanitary sewer system shall be due and payable to the Village upon final platting of
the first plat of subdivision of any portion of the Property.
10
13. Security for Public and Private Site Improvements Security for public
and private site improvements shall be provided in accordance with the Develop-
ment 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. Right of Way Dedication. The Owner and Developer agree to dedicate
right-of-way along Buffalo Grove Road and Aptakisic Road as depicted on the
Preliminary Engineering Plan (EXHIBIT E). Said right-of-way shall be dedicated at the
request of the Village, but no later than upon approval of the first plat of
subdivision for any portion of the Property.
15. 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. 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.
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EXHIBIT A, A-1, Legal Descriptions
A-2
EXHIBIT B Plat of Annexation dated November 17, 1998 by
James R. Dietz
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan (Sheet S-1)dated as last revised
September 1 , 1998 by Stewart/Nosky Architects, Ltd.
EXHIBIT E Preliminary Engineering Plan (Sheet C1) dated as last
revised September 4, 1998 by Groundwork, Ltd
EXHIBIT F Building Elevations (Sheet E-1) of proposed Walgreens
store dated September 1 , 1998 by Stewart/Nosky
Architects, Ltd.
EXHIBIT G Building Elevations (Sheet E-2) of proposed 13,000
square foot commercial building dated September 1,
1998 by Stewart/Nosky Architects, Ltd.
EXHIBIT H Landscaping Plan (Sheet L1) dated as last revised
November 10,1998 by Jack Gabriel Di Clementi,-Inc.
EXHIBIT I Proposed building signage (Sheet ES-1) dated September
1, 1998 by Stewart/Nosky Architects, Ltd.
EXHIBIT J Proposed ground signs (Sheet GS-1) dated September 1 ,
1998 by Stewart/Nosky Architects, Ltd.
16. Buildina. Landscaping and Aesthetics Plans Building and landscaping
plans (which landscaping plans shall conform to the requirements of Village
Ordinances) are subject to approval by the Appearance Commission and the
Corporate Authorities. Lighting and signage shall be compatible with surrounding
areas as approved by the Appearance Commission. Phases not under construction
or completed shall be maintained in a neat and orderly fashion as determined by the
Village Manager.
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17. Declaration of Covenants Conditions and Restrictions The Property
shall be subject to a declaration of covenants, conditions and restrictions
("Declaration") which shall include but not by way of limitation a provision whereby
the Village shall have the right, but not the obligation, to enforce covenants or
obligations of the Owner, Developer or association and/or owners of the units of
the Property as defined and provided with the Declaration, and further shall have
the right, upon thirty (30) days prior written notice specifying the nature of a
default, to enter upon the Property and cure such default, or cause the same to be
cured at the cost and expense of the Owner, Developer or association of the
Property. The Village shall also have the right to charge or place a lien upon the
Property for repayment of such costs and expenses, including reasonable attorneys'
fees in enforcing such obligations.
The Declaration shall include, but not by way of limitation, covenants and
obligations to own and maintain the stormwater detention facility and drainage
system depicted on EXHIBITS D and E. The Declaration shall also include the
obligation that the association shall provide snow removal for private driveways and
public sidewalks and shall store excess snow in appropriate off-street locations,
and shall not in any way impede the Village's snow removal operations on public
streets.
The Declaration shall also provide that the Property shall be used and
developed in accordance with Village ordinances, codes and regulations applicable
thereto, including ordinance(s) enacted pursuant to this Agreement. The
Declaration shall be submitted to the Village for review and approval, and shall
13
further provide that the provisions relative to the foregoing requirements may not
be amended without the prior approval of the Village.
18. Annexation to the Buffalo Grove Park District. The Owner and
Developer agree, at the request of the Buffalo Grove Park District, to annex any
part of the Property to said Park District.
19. Facilitation of Development. Time is of the essence of this
Agreement, and all parties will make every reasonable effort to expedite the subject
matters hereof. It is further understood and agreed that the successful
consummation of this Agreement and the development of the Property 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.
20. Enforceability 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 provisions shall be deemed to
be excised herefrom and the invalidity thereof shall not affect any of the other
provisions contained herein.
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21 . Term of Agreement. This Agreement is binding on all parties and the
Property 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.
22. Binding Effect of Agreement. This Agreement is binding upon the
Property, the parties hereto and their respective grantees, successors and assigns.
23. 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.
24. 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: Scott Gendell
Illini Partners - Buffalo Grove L.L.C.
c/o Terraco, Inc.
8707 Skokie Boulevard, ##303
Skokie, IL 60077
Copy to: Mr. Sy Taxman First Bank of Highland Park
Taxman Corporation 1835 First Street
9933 Lawler, Suite 516 Higland Park, IL 60035
Skokie, IL 60077 Attn: Mr. Howard Levy
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
15
Copy to: William G. Raysa, Esq.
Raysa & Skelton, P.C.
1 140 Lake Street, Suite 400
Oak Park, IL 60301
25. Default.
A. In the event Owner or Developer defaults 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 fails to cure such
default or provide such evidence as provided above, then, with notice to Owner or
Developer, the Village may begin proceedings to disconnect from the Village any
portion of the Property upon which development has 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
16
contract with a developer other than Illini Partners - Buffalo Grove L.L.C. 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.
26. 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.
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.
27. Special Conditions.
A. The following variations to the Village Zoning Ordinance are
hereby granted pursuant to the Preliminary Plan (EXHIBIT D):
17
Section 17.16,060 - To allow a B-3 zoning area of
approximately 4.47 acres instead of 5 acres;
Section 17.44.040.D.3. - To allow a building setback of
14.7 feet instead of 50 feet from the east property line
adjoining a residentially zoned parcel;
Section 17.44.040.D.5.a. - To allow a buffer yard of
5 feet along one segment of the east property line and
10.65 feet along another segment of the east property
line as depicted on the Preliminary Plan instead of 12 feet
adjoining a residentially zoned parcel.
B. No site development other than building demolition and other
general land clearing shall be allowed until FEMA has issued a
Letter of Map Revision (LOMR) to the applicable floodplain map
permitting the grading as shown on the Preliminary Engineering
Plan (EXHIBIT E).
C. Developer shall design and construct an eight-foot wide
sidewalk extending east of the Property along the south side of
Aptakisic Road across the Commonwealth Edison property. The
design and location of said sidewalk is subject to Village
approval.
D. Emergency lanes for police and fire access shall be provided on
the Property as required by the Village. Said emergency lanes
are subject to Village approval, and shall be shown on the final
18
plat(s) of subdivision.
E. 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.
F. All buildings, structures, vehicles, junk and debris on the
Property shall be removed prior to any development of the
Property. If, in the period prior to development of the Property,
the Village determines that structures or other objects need to
be removed from the Property to prevent health or nuisance
problems, Owner and Developer shall comply pursuant to a
schedule and direction from the Village.
G. It is understood and agreed that the Village shall accept
ownership of the property (as identified and legally described in
EXHIBIT A-2 hereto) south of Aptakisic Creek including Parcel 4
of the Roscher property. Said property shall be conveyed to the
Village at the request of the Village, and said request shall be
made when required improvements have been completed as
approved by the Village Engineer.
H. Developer shall pay a fire protection equipment impact fee of
$0.75 per gross square foot of all buildings constructed on the
Property. Said fee shall be paid at issuance of building permits.
19
I. Plans for the drive-through pharmacy facility are subject to
review and approval by the Buffalo Grove Police Department
concerning exterior lighting and video monitoring to ensure the
safety of customers and employees at the facility.
J. 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
Corporate Authorities.
K. It is understood and agreed that upon annexation the Village will
issue new street address(es) for building(s) on the Property to
ensure proper identification for provision of services, and said
Village address(es) shall be used in place of current assigned
unincorporated address(es). Owner or Developer shall contact
the Postmaster at both the Buffalo Grove Post Office and
Lincolnshire Post Office and submit a change of address(es)
request to use the address(es) assigned by the Village.
L. Developer shall comply with any directions from the Village
regarding changes to the internal traffic circulation on the
Property.
M. Parking requirements
1 . EXHIBITS D and E depict 137 off-street parking spaces
on the Property, and said number of spaces shall be
20
constructed unless a revised plan is approved by the
Village. The minimum off-street parking required for uses
on the Property has been calculated as follows:
Walgreens store (15,120 sq. ft.): one parking space
per 250 square feet of building floor area;
Commercial Building (13.000 sq. ft).: one parking space
per 220 square feet of building floor area.
2. The Developer shall be allowed up to 2,000 square feet
of restaurant use and up to 2,000 square feet of office
use in the Commercial Building. Uses in, the remaining
9,000 square feet of floor area in the Commercial Building
shall be required to have parking at a ratio of not less
than one space per 220 square feet of floor area.
Any use, including general office space, not providing
parking at a ratio of not less than one space per 220
square feet of floor area is subject to Village approval.
3. Any convenience store use in the Commercial Building is
subject to Village approval in its sole discretion.
N. Ordinance 95-98 approving the B-3 Planned Unit Development
for the Scarsdale Business Center is hereby repealed.
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.
21
VILLAG UFF R
By
i
SID-REY H. MA-FqIAS, Village President
AT By
This instrurc�rit'ls exem,,ej by the undersigrFd Land Trustee,not personally but so 19 i y
7
�s%W in the mrcise oft owei wid a0ntily conlefied upcn a v-,.,ted in it 1j,su h 0
'rustoe.It is oypwl,L-Jcrs'-�,j zr� a'!1�e vii r,!ies Ek
f-'Psontatims6W
:exits,wiertapings,Q ame -nis,hm:i)iAa�n".b p X r!!l•q T
shall at any time be assmocl or cmutuable z,-p*U w T(uAee cri account ot any warranty,
representation,covenant,uriidertjhr�or agreement of the Trustee in ails instrument
Y
AT 5T,-1,)n not t),jArnCl arl INCiVonal
BY—..
OWNER:
LA SALLE NATIONAL DANK as Trustee under
By, y
ATTEST:
By
-A ttes t.-,,- '.-ocre Lary
DEVELOPER:
By
ATTEST: 44-, 10 6 e-o V,,c L 6
By
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
22
EXHIBIT A
Legal Description
ILLINI PARTNERS
Proposed Walgreens store and commercial building
Southeast corner of Buffalo Grove Road/Aptakisic Road
(Roscher property and Scarsdale Business Center property)
Southeast corner of Buffalo Grove Rd/Aptakisic Rd
PARCEL 1 ROSCHER PROPERTY (DEVELOPMENT SITE PORTION 2.9326 ACRES)
THAT PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 43 NORTH,
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 28, TOWNSHIP 43 NORTH,
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND RUNNING THENCE EAST 165
FEET; THENCE SOUTH 1320 FEET; THENCE WEST 165 FEET; AND THENCE NORTH 1320
FEET TO THE POINT OF BEGINNING (EXCEPT THAT PART THEREOF CONVEYED TO THE
VILLAGE OF BUFFALO GROVE BY DOCUMENTS 2661480 AND 2661481 AND EXCEPT THAT
PART THEREOF CONVEYED TO THE COUNTY OF LAKE BY DOCUMENT 3225991) IN LAKE
COUNTY, ILLINOIS, EXCEPT THAT PART THEREOF DESCRIBED AS: BEGINNING AT THE
SOUTHEAST CORNER THEREOF; THENCE NORTH 89 DEGREES 55 MINUTES 20 SECONDS
WEST 111.03 FEET TO THE EAST LINE OF BUFFALO GROVE ROAD AS CONVEYED BY
DOCUMENT 2661481; THENCE NORTH 0 DEGREES 09 MINUTES 17 SECONDS WEST 2.78
FEET TO A POINT OF CURVE, CENTER OF RADIUS OF CURVE BEARS NORTH 89 DEGREES
43 MINUTES 28 SECONDS WEST; THENCE NORTHERLY ON SAID CURVE HAVING A RADIUS
OF 3054.00 FEET, ARC LENGTH 2O3.11 FEET, CHORD BEARING NORTH 1 DEGREE 37
MINUTES 47 SECONDS WEST, TO A POINT OF TANGENT; THENCE NORTH 3 DEGREES 32
MINUTES 06 SECONDS WEST 279.00 FEET, TO THE SOUTH LINE OF PARCEL CONVEYED
BY DOCUMENT 2661480; THENCE NORTH 86 DEGREES 27 MINUTES 54 SECONDS EAST
4.19 FEET; THENCE SOUTH 43 DEGREES 36 MINUTES 40 SECONDS EAST 190.57 FEET, TO
THE EAST LINE OF SAID PARCEL; THENCE SOUTH 0 DEGREES 16 MINUTES 01 SECONDS
WEST ON SAID EAST LINE 346.68 FEET TO THE POINT OF BEGINNING.
PARCEL 2 ZONED RESIDENTIAL ESTATE (0.1982 ACRES)
SCARSDALE BUSINESS CENTER (OUTLOT A OF WESTCHESTER
ESTATES UI4IT 2),
THAT PART OF OUT LOT A IN WESTCHESTER ESTATES UNIT NUMBER 2, BEING A
SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP
43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF, RECORDED NOVEMBER 7, 1992 AS DOCUMENT 3081717
AND AMENDED BY CERTIFICATE RECORDED FEBRUARY 10, 1992 AS DOCUMENT
2
31 18316, IN LAKE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT
THE SOUTHEAST CORNER OF OUTLOT A; THENCE NORTH 0 DEGREES 20 MINUTES
15 SECONDS EAST ON THE EAST LINE OF OUTLOT A 544.38 FEET; THENCE
NORTH 89 DEGREES 39 MINUTES 45 SECONDS WEST 15.85 FEET TO THE WEST
LINE OF OUTLOT A; THENCE SOUTH 0 DEGREES 20 MINUTES 15 SECONDS WEST
ON THE WEST LINE OF OUTLOT A 544.38 FEET TO THE SOUTHWEST CORNER OF
OUTLOT A; THENCE SOUTH 89 DEGREES 39 MINUTES 45 SECONDS EAST 15.85
FEET TO THE POINT OF BEGINNING.
PARCEL 3 ZONED B-3 P.U.D.(1 .3394 ACRES)
SCARSDALE BUSINESS CENTER (OUTLOT A OF WESTCHESTER
ESTATES UNIT 2)
OUTLOT A IN WESTCHESTER ESTATES UNIT NUMBER 2, BEING A SUBDIVISION OF
PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 43 NORTH,
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF, RECORDED NOVEMBER 7, 1992 AS DOCUMENT 3081717 AND
AMENDED BY CERTIFICATE RECORDED FEBRUARY 10, 1992 AS DOCUMENT
31 18316, IN LAKE COUNTY, ILLINOIS, EXCEPT THAT PART THEREOF DESCRIBED
AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF OUTLOT A; THENCE
NORTH 0 DEGREES 20 MINUTES 15 SECONDS EAST ON THE EAST LINE OF
OUTLOT A 544.38 FEET; THENCE NORTH 89 DEGREES 39 MINUTES 45 SECONDS
WEST 15.85 FEET TO THE WEST LINE OF OUTLOT A; THENCE SOUTH 0 DEGREES
20 MINUTES 15 SECONDS WEST ON THE WEST LINE OF OUTLOT A 544.38 FEET
TO THE SOUTHWEST CORNER OF OUTLOT A; THENCE SOUTH 89 DEGREES 39
MINUTES 45 SECONDS EAST 15.85 FEET TO THE POINT OF BEGINNING.
PARCEL 4 ROSCHER PROPERTY (PARCEL TO BE CONVEYED TO THE VILLAGE
1.1388 ACRES)
THAT PART OF THE PARCEL DESCRIBED AS, THAT PART OF THE NORTHWEST QUARTER
OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF
SECTION 28, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
AND RUNNING THENCE EAST 165 FEET; THENCE SOUTH 1320 FEET; THENCE WEST 165
FEET; AND THENCE NORTH 1320 FEET TO THE POINT OF BEGINNING (EXCEPT THAT PART
THEREOF CONVEYED TO THE VILLAGE OF BUFFALO GROVE BY DOCUMENTS 2661480
AND 2661481 AND EXCEPT THAT PART THEREOF CONVEYED TO THE COUNTY OF LAKE
BY DOCUMENT 3225991) IN LAKE COUNTY, ILLINOIS, DESCRIBED AS: BEGINNING AT THE
SOUTHEAST CORNER THEREOF; THENCE NORTH 89 DEGREES 55 MINUTES 20 SECONDS
WEST 111.03 FEET TO THE EAST LINE OF BUFFALO GROVE ROAD AS CONVEYED BY
DOCUMENT 2661481; THENCE NORTH 0 DEGREES 09 MINUTES 17 SECONDS WEST 2.78
FEET TO A POINT OF CURVE, CENTER OF RADIUS OF CURVE BEARS NORTH 89 DEGREES
43 MINUTES 28 SECONDS WEST; THENCE NORTHERLY ON SAID CURVE HAVING A RADIUS
3
OF 3054.00 FEET, ARC LENGTH 2O3.11 FEET, CHORD BEARING NORTH 1 DEGREE 37
MINUTES 47 SECONDS WEST, TO A POINT OF TANGENT; THENCE NORTH 3 DEGREES 32
MINUTES 06 SECONDS WEST 279.00 FEET, TO THE SOUTH LINE OF PARCEL CONVEYED
BY DOCUMENT 2661480; THENCE NORTH 86 DEGREES 27 MINUTES 54 SECONDS EAST
4.19 FEET; THENCE SOUTH 43 DEGREES 36 MINUTES 40 SECONDS EAST 190.57 FEET, TO
THE EAST LINE OF SAID PARCEL; THENCE SOUTH 0 DEGREES 16 MINUTES 01 SECONDS
WEST ON SAID EAST LINE 346.68 FEET TO THE POINT OF BEGINNING.
EXHIBIT A-1
Legal Description
ILLINI PARTNERS
Proposed Walgreens store and commercial building
Southeast corner of Buffalo Grove Road/Aptakisic Road
(Roscher property and Scarsdale Business Center property)
Southeast corner of Buffalo Grove Rd/Aptakisic Rd
SITE DEVELOPMENT PARCEL (4.47 ACRES)
THAT PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 43 NORTH,
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 28, TOWNSHIP 43 NORTH,
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND RUNNING THENCE EAST 165
FEET; THENCE SOUTH 1320 FEET; THENCE WEST 165 FEET; AND THENCE NORTH 1320
FEET TO THE POINT OF BEGINNING (EXCEPT THAT PART THEREOF CONVEYED TO THE
VILLAGE OF BUFFALO GROVE BY DOCUMENT 2661480 AND 2661481 AND EXCEPT THAT
PART THEREOF CONVEYED TO THE COUNTY OF LAKE BY DOCUMENT 3225991) IN LAKE
COUNTY, ILLINOIS.
AND
THE WEST 165 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 11, EAST OF
THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THE NORTH 1320 FEET THEREOF AND ALSO
EXCEPT THAT PART THEREOF CONVEYED TO THE VILLAGE OF BUFFALO GROVE BY
DOCUMENT 2661481) IN LAKE COUNTY, ILLINOIS.
AND
THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
28, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS LYING WEST OF OUTLOTS "A" AND "B" IN WESTCHESTER ESTATES UNIT
2, ACCORDING TO THE PLAT THEREOF, RECORDED NOVEMBER 7, 1992, AS DOCUMENT
3081717 AND AMENDED BY CERTIFICATE RECORDED FEBRUARY 10, 1992 AS DOCUMENT
3118316, AS MONUMENTED AND THE EAST LINE OF THE WEST 165 FEET OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, MORE FULLY
DESCRIBED AS COMMENCING AT THE STEEL PLUG MONUMENT AT THE NORTHWEST
CORNER OF THE NORTHWEST QUARTER OF SECTION 28; THENCE SOUTH 89 DEGREES 52
MINUTES 50 SECONDS EAST ON THE NORTH LINE OF THE NORTHWEST QUARTER OF
SECTION 28, 165.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 0 DEGREES 16
MINUTES 05 SECONDS WEST 1326.75 FEET TO THE SOUTH LINE OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 28 AND A CORNER OF OUTLOT "B"
IN WESTCHESTER ESTATES UNIT 2; THENCE NORTH 0 DEGREES 20 MINUTES 15 SECONDS
EAST ON THE WEST LINE OF OUTLOTS "B" AND "A" IN WESTCHESTER ESTATES UNIT 2
AND THE WEST LINE EXTENDED (AS MONUMENTED) 1326.75 FEET TO THE NORTH LINE
2
OF THE NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 52 MINUTES 50 SECONDS
WEST 1.60 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS (EXCEPT THAT
PART DEDICATED FOR PUBLIC ROAD PURPOSES).
EXCEPT THAT PART OF THE 3 PARCELS DESCRIBED AS FOLLOWS:
COMMENCING AT THE STEEL PLUG MONUMENT AT THE NORTHWEST CORNER OF THE
NORTHWEST QUARTER OF SECTION 28; THENCE SOUTH 89 DEGREES 52 MINUTES 50
SECONDS EAST ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 28,
165.00 FEET; THENCE SOUTH 0 DEGREES 16 MINUTES 05 SECONDS WEST 1326.75 FEET
TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND
A CORNER OF OUTLOT "A" IN WESTCHESTER ESTATES UNIT 2 FOR THE POINT OF
BEGINNING; THENCE NORTH 89 DEGREES 57 MINUTES 08 SECONDS WEST 111.00 FEET
TO THE EAST LINE OF BUFFALO GROVE ROAD AS CONVEYED BY DOCUMENT 2661481;
THENCE NORTH 0 DEGREES 09 MINUTES 17 SECONDS WEST 9.60 FEET TO A POINT OF
CURVE, CENTER OF RADIUS OF CURVE BEARS NORTH 89 DEGREES 43 MINUTES 28
SECONDS WEST; THENCE NORTHERLY ON SAID CURVE HAVING A RADIUS OF 3054.0
FEET, ARC LENGTH 2O3.11 FEET, CHORD BEARING NORTH 1 DEGREE 37 MINUTES 47
SECONDS WEST, TO A POINT OF TANGENT; THENCE NORTH 3 DEGREES 32 MINUTES 06
SECONDS WEST 279.00 FEET, TO THE SOUTH LINE OF PARCEL CONVEYED BY DOCUMENT
2661480; THENCE NORTH 86 DEGREES 27 MINUTES 54 SECONDS EAST 27.15 FEET;
THENCE SOUTH 41 DEGREES 48 MINUTES 46 SECONDS EAST 163.53 FEET, TO THE WEST
LINE OF OUTLOT "A" IN WESTCHESTER ESTATES UNIT 2 (AS MONUMENTED), THENCE
SOUTH 0 DEGREES 20 MINUTES 15 SECONDS WEST ON THE WEST LINES OF OUTLOTS
"A" AND "B" IN WESTCHESTER ESTATES UNIT 2, A DISTANCE OF 370.94 FEET TO THE
POINT OF BEGINNING, CONTAINING 1.219 ACRES MORE OR LESS.
AND ALSO
OUTLOT "A" OF WESTCHESTER ESTATES UNIT 2, BEING A SUBDIVISION OF PART OF THE
NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED NOVEMBER
7, 1992 AS DOCUMENT 3081717 AND AMENDED BY CERTIFICATE RECORDED FEBRUARY
10, 1992 AS DOCUMENT 3114314, IN LAKE COUNTY, ILLINOIS, (EXCEPT THAT PART
THEREOF DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER OF OUTLOT "A";
THENCE NORTH 41 DEGREES 48 MINUTES 46 SECONDS WEST 23.62 FEET TO THE WEST
LINE OF OUTLOT "A" (AS MONUMENTED); THENCE SOUTH 0 DEGREES 20 MINUTES 15
SECONDS WEST ON THE WEST LINE OF OUTLOT "A" TO THE SOUTHWEST CORNER
THEREOF; THENCE SOUTH 89 DEGREES 39 MINUTES 45 SECONDS EAST ON THE SOUTH
LINE OF OUTLOT "A" 15.85 FEET TO THE POINT OF BEGINNING, CONTAINING 0.003 ACRES
MORE OR LESS.)
EXHIBIT A-2
Legal Description
ILLINI PARTNERS
Proposed Walgreens store and commercial building
Southeast corner of Buffalo Grove Road/Aptakisic Road
(Roscher property and Scarsdale Business Center property)
Southeast corner of Buffalo Grove Rd/Aptakisic Rd
AREA TO BE CONVEYED TO THE VILLAGE
THAT PART OF THE FOLLOWING 3 PARCELS,THAT PART OF THE NORTHWEST
QUARTER OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 11, EAST OF
THE THIRD PRINCIPAL MERIDIAN,AND RUNNING THENCE EAST 165 FEET;
THENCE SOUTH 1320 FEET; THENCE WEST 165 FEET; AND THENCE NORTH 1320
FEET TO THE POINT OF BEGINNING (EXCEPT THAT PART THEREOF CONVEYED TO
THE VILLAGE OF BUFFALO GROVE BY DOCUMENT 2661480 AND 2661481 AND
EXCEPT THAT PART THEREOF CONVEYED TO THE COUNTY OF LAKE BY
DOCUMENT 3225991)IN LAKE COUNTY, ILLINOIS. AND THE WEST 165 FEET OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, (EXCEPT THE NORTH 1320 FEET THEREOF AND ALSO
EXCEPT THAT PART THEREOF CONVEYED TO THE VILLAGE OF BUFFALO GROVE
BY DOCUMENT 2661481)IN LAKE COUNTY, ILLINOIS. AND THAT PART OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28,
TOWNSHIP 43 NORTH,RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS LYING WEST OF OUTLOTS "A" AND "B" IN WESTCHESTER ESTATES
UNIT 2,ACCORDING TO THE PLAT T HEREOF, RECORDED NOVEMBER 7, 1992, AS
DOCUMENT 3081717 AND AMENDED BY CERTIFICATE RECORDED FEBRUARY 10,
1992 AS DOCUMENT 3118316, AS MONUMENTED AND THE EAST LINE OF THE WEST
165 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 28, MORE FULLY DESCRIBED AS COMMENCING AT THE STEEL PLUG
MONUMENT AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF
SECTION 28; THENCE SOUTH 89 DEGREES 52 MINUTES 50 SECONDS EAST ON THE
NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 28, 165.00 FEET TO THE
POINT OF BEGINNING;THENCE SOUTH 0 DEGREES 16 MINUTES 05 SECONDS WEST
1326.75 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 28 AND A CORNER OF OUTLOT "B" IN
WESTCHESTER ESTATES UNIT 2; THENCE NORTH 0 DEGREES 20 MINUTES 15
2
SECONDS EAST ON THE WEST LINE OF OUTLOTS "B" AND "A" IN WESTCHESTER
ESTATES UNIT 2 AND THE WEST LINE EXTENDED (AS MONUMENTED) 1326.75
FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER; THENCE NORTH 89
DEGREES 52 MINUTES 50 SECONDS WEST 1.60 FEET TO THE POINT OF BEGINNING,
IN LAKE COUNTY, ILLINOIS (EXCEPT THAT PART DEDICATED FOR PUBLIC ROAD
PURPOSES). DESCRIBED AS FOLLOWS: COMMENCING AT THE STEEL PLUG
MONUMENT AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF
SECTION 28; THENCE SOUTH 89 DEGREES 52 MINUTES 50 SECONDS EAST ON THE
NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 28, 165.00 FEET; THENCE
SOUTH 0 DEGREES 16 MINUTES 05 SECONDS WEST 1326.75 FEET TO THE SOUTH
LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND A
CORNER OF OUTLOT "A" IN WESTCHESTER ESTATES UNIT 2 FOR THE POINT OF
BEGINNING; THENCE NORTH 89 DEGREES 57 MINUTES 08 SECONDS WEST 111.00
FEET TO THE EAST LINE OF BUFFALO GROVE ROAD AS CONVEYED BY
DOCUMENT 2661481; THENCE NORTH 0 DEGREES 09 MINUTES 17 SECONDS WEST
9.60 FEET TO A POINT OF CURVE, CENTER OF RADIUS OF CURVE BEARS NORTH 89
DEGREES 43 MINUTES 28 SECONDS WEST; THENCE NORTHERLY ON SAID CURVE
HAVING A RADIUS OF 3054.0 FEET, ARC LENGTH 2O3.11 FEET, CHORD BEARING
NORTH 1 DEGREE 37 MINUTES 47 SECONDS WEST, TO A POINT OF TANGENT;
THENCE NORTH 3 DEGREES 32 Minutes 06 SECONDS WEST 279.00 FEET, TO THE
SOUTH LINE OF PARCEL CONVEYED BY DOCUMENT 2661480; THENCE NORTH 86
DEGREES 27 MINUTES 54 SECONDS EAST 27.15 FEET; THENCE SOUTH 41 DEGREES
48 MINUTES 46 SECONDS EAST 163.53 FEET, TO THE WEST LINE OF OUTLOT "A" IN
WESTCHESTER ESTATES UNIT 2 (AS MONUMENTED). THENCE SOUTH 0 DEGREES
20 MINUTES 15 SECONDS WEST ON THE WEST LINES OF OUTLOTS "A" AND "B" IN
WESTCHESTER ESTATES UNIT 2, A DISTANCE OF 370.94 FEET TO THE POINT OF
BEGINNING. CONTAINING 1.219 ACRES MORE OR LESS. ALSO THAT PART OF
OUTLOT "A" OF WESTCHESTER ESTATES UNIT 2, BEING A SUBDIVISION OF PART
OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 11,
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF,
RECORDED NOVEMBER 7, 1992 AS DOCUMENT 3081717 AND AMENDED BY
CERTIFICATE RECORDED FEBRUARY 10, 1992 AS DOCUMENT 3114314, IN LAKE
COUNTY, ILLINOIS, DESCRIBED AS BEG NG AT THE SOUTHEAST CORNER OF
OUTLOT"A"; THENCE NORTH 41 DEGREES 48 MINUTES 46 SECONDS WEST 23.62
FEET TO THE WEST LINE OF OUTLOT "A" (AS MONUMENTED), THENCE SOUTH 0
DEGREES 20 MINUTES 15 SECONDS WEST ON THE WEST LINE OF OUTLOT "A" TO
THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 89 DEGREES 39 MINUTES 45
SECONDS EAST ON THE SOUTH LINE OF OUTLOT "A" 15.85 FEET TO THE POINT OF
BEGINNING, CONTAINING 0.003 ACRES MORE OR LESS.
t