1989-066 9/12/89
ORDINANCE 89- 66
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT
(Knopf's Subdivision, Lots 1 and 2, Block 2,
16637 W. Park Avenue, Prairie View)
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 execute said Agreement on behalf of the Village of Buffalo Grove.
Section 3. This Ordinance shall be in full force and effect from and
after its passage and approval. This Ordinance shall not be codified.
AYES: 5 - Marienthal Glover Reid Mathias O'Malley
NAYES: 0 - None
ABSENT: 1 - Shifrin
PASSED: Se tember 18 1989
APPROVED: Se tember 18 1989
APPROVED:
VE A L. CLAYTON, Village Pre,''dent
ATTEST: //
Villag-e Clerk
9/18/89
KNOPF'S SUBDIVISION, LOTS 1 & 2, BLOCK 2
(16637 W. Park Avenue, Prairie View)
Annexation Agreement
TABLE OF CONTENTS
1. ARplicsLble Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
2. Agreement: Compliance and Validity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
3. Enactment of Annexation Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
4. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
5. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
6. Buildin Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
7. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
8. Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
9. Draina'e Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
10. Payment of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
11. Security for Public and Private Site Imrovements. . . . . . . . . . . . . . . . . .5
12. Exhibits. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
13. Annexation Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
14. Building, Landsca in and Aesthetics Plans. . . . . . . . . . . . . . . . . . . . . . . . .6
15. Park District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
16. School District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
17. Annexation to the Buffalo Grove Park District. . . . . . .. . . . . . . . . . . . . .7
18. Facilitation of Develo went. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
19. Enforceability, of the Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
20. Term of Agreement. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
21. Binding, Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
22. Co r orate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .8
23. Notices. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
24. Default. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
25. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
KNOPF'S SUBDIVISION, LOTS 1 &--2
(16637 W. -Park Avenue, Prairie View)
Annexation Agreement
LOCATION MAP
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PORT CLINT N D
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FOxFORD iVE
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Subject Property
9/18/89
KNOPF'S SUBDIVISION, LOTS 1 & 2, BLOCK 2
(16637 W. Park Avenue, Prairie View)
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and entered
into this 18th day of September, 1989, 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 Michael P. Fiore (hereinafter referred to as
"Owner") .
W I T N E S S E T H:
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the
provisions of the Constitution of the State of Illinois of 1970; and,
WHEREAS, Owner is the owner of a certain tract of property (hereinafter
referred to as the "Property") comprising 0.8997 acres legally described and
identified in EXHIBIT A, which exhibit is made a part hereof and which real
estate is contiguous to the corporate limits of the Village; and,
WHEREAS, a Plat of Annexation is attached hereto as EXHIBIT B, which depicts
a total area of 1.2518 acres to be annexed, which includes adjacent
unincorporated right-of-way (including adjacent alley); and,
WHEREAS, Owner desires to annex and use the Property pursuant to the pro-
visions and regulations applicable to the R-2 (One-Family Dwelling) District of
the Village Zoning Ordinance, including the continued use of the single-family
residence on Lot 2, and construction of a single-family residence on Lot 1; and,
WHEREAS, pursuant to the provisions of Section 11-15.1-1 et. seq. , of the
Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1987) 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
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hearing was held thereon pursuant to notice as provided by Statute; and,
WHEREAS, pursuant to due notice and advertisement, the Plan Commission of
the Village has held a public hearing and made their recommendations with respect
to the requested zoning classification in the R-2 District and variation request;
and,
WHEREAS, the President and Board of Trustees after due and careful consid-
eration have concluded that the annexation of the Property to the Village and its
zoning and development on the terms and conditions herein set forth would further
enable the Village to control the development of the area and would serve the
best interests of the Village.
NOW, THEREFORE, in consideration of the premises, mutual covenants and
agreements herein set forth, the parties hereto agree as follows:
1. Applicable Law. This Agreement is made pursuant to and in accordance
with the provisions of Section 11-15.1-1 et. seq. , of the Illinois Municipal Code
(Chapter 24, Illinois Revised Statutes 1987) 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
provisions of Section 7-1-8 of the Illinois Municipal Code (Chapter 24, Illinois
Revised Statutes 1987) and as the same may have been modified by the Village's
Home Rule powers, conditioned on the execution of this Agreement and the compli-
ance 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-2 District, all as contemplated in this
Agreement.
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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 Ordi-
nance") annexing the Property to the Village. Said Annexation Ordinance shall be
recorded with the Lake County Recorder's Office along with the Plat of Annexation
(attached hereto as EXHIBIT B) . Recordation shall take place no more than thirty
(30) days after enactment of Annexation Ordinance.
4. Enactment of Zoning Ordinance. Within twenty-one (21) days after the
passage of the Annexation Ordinance, the Corporate Authorities shall adopt a
proper, valid and binding ordinance, zoning Property in the R-2 District subject
to the restrictions further contained herein and all applicable ordinances of the
Village of Buffalo Grove as amended from time to time.
5. Compliance with Applicable Ordinances. The Owner agrees to comply with
all ordinances of the Village of Buffalo Grove as amended from time to time in
the development of the Property, provided that all new ordinances, amendments,
rules and regulations relating to zoning, building and subdivision of land
adopted after the date of this Agreement shall not be arbitrarily or discrimina-
torily applied to the Property but shall be equally applicable to all property
similarly zoned and situated to the extent possible. Owner, in the development
of the Property shall comply with the standards set forth in the Village of
Buffalo Grove Development Ordinance as amended from time to time.
6. Building Permit Fees. The building permit fees may be increased from
time to time so long as said permit fees are applied consistently to all other
developments in the Village to the extent possible. In the event a conflict
arises between the Owner and the Village on any engineering and technical matters
subject to this Agreement, the Village reserves the right to pass along any and
all additional expenses incurred by the use of consultants in the review and
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inspection of the development from time to time. Owner shall pay any
non-discriminatory new or additional fees hereinafter charged by the Village to
Owner or property within the Village.
7. Water Provision. The Owner shall be permitted and agrees to tap on to
the Village water system at points recommended by the Village Engineer. Said
connection shall be made for the residence on Lot 2 within one hundred and twenty
(120) days of the date of this Agreement. The Owner further agrees to pay to the
Village such fees in accordance with the applicable Village Ordinances at the
time of the issuance of the water and sewer permits. The Owner agrees to accept
any increase in water rates and tap on fees provided such rates and fees apply
consistently to all other similar users in the Village to the extent 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.
Watermains serving the Property and those approved as part of the development
shall be installed by the Owner and, except for service connections to the
buildings shall, upon installation and acceptance by the Village through formal
acceptance action by the Corporate Authorities, be dedicated to the Village and
become a part of the Village water system maintained by the Village. Said
watermains shall be the minimum eight-inch diameter required by the Village, and
shall not be required to be oversized.
8. Sanitary Sewer Provisions.
A. The Corporate Authorities agree to cooperate with the Owner and to use
their best efforts to aid Owner in obtaining such permits from governmental
agencies having jurisdiction as may be necessary to authorize connection from the
Property to the Lake County Public Works Department for the collection of sewage.
The Owner shall construct on-site and off-site sanitary sewers as may be neces-
sary to service the Property, as approved by the Village Engineer. Sewer mains
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shall be the minimum eight-inch diameter required by the Village, and shall not
be required to be oversized. The residence on Lot 2 shall be connected to the
Village's sanitary sewer system within one hundred and twenty (120) days of the
date of this Agreement. The Owner agrees to accept any increase in sewer rates
and tap on fees, provided that such fees and rates are applied consistently to
all similar users in the Village to the extent possible.
9. Drainage Provisions. The Owner shall fully comply with any request of
the Village Engineer to preserve drainage standards. The Owner shall install any
storm sewers and/or inlets which are required to eliminate standing water or
conditions of excess sogginess which may, in the opinion of the Village Engineer,
be detrimental to the growth and maintenance of lawn grasses.
10. Payment of Recapture Fees Owed. Recapture fees required to be paid for
connection to the sanitary sewer system pursuant to Village Ordinances 79-53,
85-7, 85-16, 85-65, 85-67, 85-77, 87-58 and 87-60 shall be paid at the time of
engineering review for the sewer by the Village Engineer.
11. 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 any Development Improvement Agreement required by the Village
Engineer. 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 the Owner or the witnesses during the hearings held before the
5
Plan Commission and the Corporate Authorities prior to the execution of this
Agreement, are hereby incorporated by reference herein, made a part hereof and
designated as shown below. This Agreement, upon execution by the parties,
together with copies of all EXHIBITS, shall be kept on file with the Village
Clerk and be available for inspection to the parties hereto.
EXHIBIT A Legal Description
EXHIBIT B Plat of Annexation, dated April 10, 1989
EXHIBIT C Plat of Survey, dated November 7, 1988
13. Annexation Fee. Owner agrees to pay an annexation fee of $1,800 per
lot. Said fee for Lot 2 shall be paid within sixty (60) days of the date of this
Agreement. Said fee for Lot 1 shall be paid at the time of issuance of a
building permit, but this fee shall be paid in full prior to the expiration of
this Agreement.
14. Building, Landsca in and Aesthetics Plans. Owner will submit building
and landscaping plans for any new single-family residences on the Property for
approval by the Appearance Commission and Corporate Authorities as required by
Village Ordinances.
15. Park District Donations. The Owner agrees to comply with the
provisions of Title 19 of the Buffalo Grove Municipal Code, as amended,
concerning cash contributions in lieu of land donation for parks. Said
contribution for Lot 1 shall be paid at the time of issuance of a building
permit. This contribution shall not be required for the existing residence on
Lot 2, but if a new single-family residence is ever constructed on Lot 2, the
cash contribution required by Title 19 shall be paid at the time of issuance of a
building permit.
16. School District Donations. Owner agrees to comply with the provisions
of Title 19 of the Buffalo Grove Municipal Code, as amended, regarding school
donations. Said contributions for Lot 1 shall be paid at the time of issuance of
a building permit. This contribution shall not be required for the existing
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residence on Lot 2, but if a new single-family residence is ever constructed on
Lot 2, the cash contribution required by Title 19 shall be paid at the time of
issuance of a building permit.
17. Annexation to the Buffalo Grove Park District. The Owner agrees, at
the request of the Buffalo Grove Park District, to annex any part or all of the
subject Property to said Park District.
18. Facilitation of Development. Time is of the essence of this Agreement,
and all parties will make every reasonable effort to expedite the subject matters
hereof. It is further understood and agreed that the successful consummation of
this Agreement and the development of the Property in the best interests of all
the parties requires their continued cooperation. The Owner does hereby evidence
his intention to fully comply with all Village requirements, his willingness to
discuss any matters of mutual interest that may arise, and his willingness to
assist the Village to the fullest extent possible. The Village does hereby
evidence its intent to always cooperate in the resolution of mutual problems and
its willingness to facilitate the development of the Property, as contemplated by
the provisions of this Agreement.
19. Enforceability of the A reement. This Agreement shall be enforceable
in any court of competent jurisdiction by any of the parties or by an appropriate
action at law or in equity to secure the performance of the covenants herein
described. If any provision of this Agreement is held invalid, such provisions
shall be deemed to be excised herefrom and the invalidity thereof shall not
affect any of the provisions contained herein.
20. Term of Agreement. This Agreement will be binding on all parties for a
term of twenty (20) years from the date of the execution of this Agreement by the
Village. This Agreement shall not be assigned without prior written consent of
the Village.
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21. Bindin Effect of Agreement. This Agreement shall be binding upon the
Property, the parties hereto, and their respective successors and assigns.
22. 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.
23. Notices. Any notice required pursuant to the provisions of this
Agreement shall be in writing and be sent by certified mail to the following
addresses until notice of change of address is given and shall be deemed received
on the fifth business day following deposit in the U.S. Mail.
If to Owner: Michael P. Fiore
P.O. Box 67
Prairie View, IL 60069
Copy to: Ira Bodenstein, Esq.
James S. Gordon, Ltd.
140 South Dearborn Street
Chicago, IL 60603
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Bloche' , French & Raysa
1140 Lake Street
Suite 400
Oak Park, IL 60301
24. Default. In the event Owner defaults, in his performance of his
obligations set forth in this Agreement, then the Village, may, upon notice to
Owner allow Owner sixty (60) days to cure default or provide evidence to the
Village that such default will be cured in a timely manner if it cannot be cured
during said period. If Owner fails to cure such default or provide such evidence
as provided above, then, with notice to Owner, the Village may begin proceedings
to disconnect from the Village any portion of the Property upon which development
8
has not been completed or at the option of the Village, to rezone such Property
to the R-E District zoning classification. In such event, this Agreement shall
be considered to be the petition of the Owner to disconnect such portion of the
Property, or at the option of the Village to rezone such Property to the R-E
District zoning classification.
25. Special Conditions.
A. The following variations to the Village's Zoning Ordinance are
hereby granted for the existing residence and garage on Lot 2 as depicted on
EXHIBIT C.
Section 17.40.020.B - to allow a front yard of approximately 25.5 feet,
and to allow a west side yard of approximately seven (7) feet and an
east side yard of approximately 2.57 feet.
Said variations shall apply only to the existing residential building
and the garage.
B. Any private water wells shall be properly abandoned as recommended
and approved by the Village's Health Officer. Said well abandonment shall be
completed within one hundred twenty (120) days of the date of this Agreement.
C. The Owner shall maintain in its present undeveloped condition the
property designated as the alley adjoining Lots 1 and 2 on EXHIBITS B and C.
D. The frame shed on Lot 1 depicted on EXHIBIT C shall be removed
from the Property. The metal shed on Lot 2 depicted on EXHIBIT C shall be
allowed to remain in use.
IN WITNESS WHEREOF, the Corporate Authorities and Owner have caused
this instrument to be executed by their respective proper officials duly
authorized to execute the same on the day and the year first above written.
VILLAGE OF BUFFALO GROVE
VORKA L. CLAYTO , Village P sident
9
ATTEST:
Villig,bb Clerk
OWNER
L
ATTEST:
-4d
10
EXHIBIT A
KNOPF'S SUBDIVISION, LOTS I & 2, BLOCK 2
(16637 W. Park Avenue, Prairie View, IL)
LEGAL DESCRIPTION
Lots 1 and 2, in Block 2 in Knopf's Subdivision, being a Subdivision of part
of the East 1/2 of the Southwest 1/4 of Section 16, Township 43 North, Range
11 East of the 3rd Principal Meridian, according to the plat thereof recorded
August 15, 1905 as Document No. 101600, in Book "G" of Plats, page 27; and
including any adjacent unincorporated streets and alleys, in Lake County,
Illinois.
VILLAGE OF BUFFALO GROVE
ORDINANCE NO. 'y'I
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF UFFALO GR0 sE gg
THIS `., DAY OF 19�/.
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook & Lake Counties, Illinois,
this day of 19
R-
Village Clerk
By y
Deputy Village erk