2000-004 4580662
1/20/2000
Filed for Record in:
LAKE COUNTY)� IL
MARY ELLEN VANDERVENTER - RECORDER
On Sepp 13 2000
At 12:44p■
Receipt #: 249653
Doc/Type
Deputy - Cashier #3
ORDINANCE NO. 2000-4
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR
8 LINDEN AVENUE
Lot 24 and part of Lot 25, Unit 1 of Columbian Gardens
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 notices of the public hearings on said Annexation
Agreement and Zoning have been given and the public hearings were 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.
2
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 - Ma ien hal . Reid, Rraiman, HendrivkG. G1nver, Rerman
NAYES:
ABSENT:
PASSED: J)ariu)Ary 24, 2000 APPROVED: Januar 24 2000
ATTEST: APPROVED:
Village Clerk ELLIOTT HARTSTEIN, Village President
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089 N:
This document was prepared by: Robert E. Pfeil, Village Planner,
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
458()6 `2
CO---
1/24/2000
ANNEXATION AGREEMENT
8 LINDEN AVENUE
Lot 24 and part of Lot 25, Unit 1 of Columbian Gardens
TABLE OF CONTENTS
Page
1 . Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2. Agreement: Compliance and Validity. . . . . . . . . . . . . . . . . . . 3
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . 3
4. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . 3
5. Comlliance with Applicable Ordinances. . . . . . . . . . . . . . . . . 4
6. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
7. Water Provision and Sanitary Sewer Service. . . . . . . . . . . . . . 4
8. Drainage Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
9. Security for Public and Private Site Improvements. . . . . . . . . . 5
10. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
11 . Annexation Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
12. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . 6
13. Enforceability of the Agreement. . . . . . . . . . . . . . . . . . . . . . . 7
14. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
15. Binding_Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . 7
16. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
17. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
18. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
19. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
20. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4580662
1/24/2000
ANNEXATION AGREEMENT
8 LINDEN AVENUE
Lot 24 and part of Lot 25, Unit 1 of Columbian Gardens
This agreement (hereinafter referred to as the "Agreement") made and entered
into this 24th day of January, 2000, 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 Shlemon Steven Abraham and Mona Abraham (hereinafter referred
to as "Owner").
WITNESSETH:
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the
provisions of the Constitution of the State of Illinois of 1970; and,
WHEREAS, Owner is the owner of a certain tract of property (hereinafter
referred to as the "Property") comprising 0.213 acres legally described and identified
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 is attached hereto as EXHIBIT B, which depicts
a total area of 0.213 acres to be annexed; and,
4580662
1 ,!
WHEREAS, Owner desires to annex and use the Property pursuant to the
provisions and regulations applicable to the Residential Estate (One-Family Dwelling)
District of the Village Zoning Ordinance, including use of the single-family residence
on the Property.
WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et. seq., of the
Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1998) 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 President and Board
of Trustees of the Village has held a public hearing with respect to the requested
zoning classification in the Residential Estate District and variations of the Village
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.
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
(Chapter 65, Illinois Compiled Statutes 1998) and as the same may have been
2 4580GG2
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 5/7-1-8 of the Illinois Municipal Code (Chapter 65, Illinois
Compiled Statutes 1998) 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 Residential Estate 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 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).
4. Enactment of Zoning Ordinance Within twenty-one (21) days after the
passage of the Annexation Ordinance, the Corporate Authorities shall adopt a proper,
valid and binding ordinance, zoning the Property in the Residential Estate District
subject to the restrictions further contained herein and all applicable ordinances of the
Village of Buffalo Grove as amended from time to time.
3 4580662 657
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
use and development of the Property, provided that all new ordinances, amendments,
rules and regulations relating to zoning, building and subdivision of land adopted after
the date of this Agreement shall not be arbitrarily or discriminatorily applied to the
Property but shall be equally applicable to all property similarly zoned and situated to
the extent possible. Owner, in the use and development of the Property, shall comply
with the standards set forth in the Village of Buffalo Grove Development Ordinance as
amended from time to time.
6. Building Permit Fees. The building permit fees may be increased from
time to time so long as said permit fees are applied consistently to all other
developments in the Village to the extent possible. In the event a conflict arises
between the Owner and the Village on any engineering and technical matters subject
to this Agreement, the Village reserves the right to pass along any and all additional
expenses incurred by the use of consultants in the review and inspection of the
development from time to time. Owner shall pay any non-discriminatory new or
additional fees hereinafter charged by the Village to owners and developers of
properties within the Village.
7. Water Provision and Sanitary Sewer Service The Owner shall be
permitted and agrees to tap on to the Village water system for the existing single-
family residence on the Property as approved by the Village Engineer. 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 permit. It is understood and
4 4580662
7
agreed that the Owner will complete the obligations set forth in Paragraph 20.13. to
seal the well in accordance with applicable State and County regulations, and failure
to complete said obligation may result in termination of Village water service to the
Property. Said termination of service shall be at the Village's sole discretion, and shall
not require notice or hearing by the Village. 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 a residential customer on the Property.
It is acknowledged that the Property is currently connected to and served by the
Village's sanitary sewer system.
8. Drainage Provisions. The Owner shall fully comply with any request of
the Village Engineer related to the placement of buildings on lots, to preserve drainage
standards. The Owner shall install any storm sewers and/or inlets which are required
to eliminate standing water or conditions of excess sogginess which may, in the
opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn
grasses.
9. Security for Public and Private Site Improvements Security for public and
private site improvements shall be provided in accordance with the Development
Ordinance and as approved by the Village Engineer.
10. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Owner or the witnesses during the hearings held before the
Corporate Authorities prior to the execution of this Agreement, are hereby incorporated
5 458U1662
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
EXHIBIT C Plat of Survey dated November 21, 1998 by Preferred
Survey, Inc.
11 . Annexation Fee. Owner agrees to pay an annexation fee of $700.00
which fee shall be payable at the time of issuance of a permit for connection to the
Village water system.
12. 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 does 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.
4580662
6
13. Enforceability of the Agreement. This Agreement shall be enforceable in
any court of competent jurisdiction by any of the parties or by an appropriate action
at law or in equity to secure the performance of the covenants herein described. If any
provision of this Agreement is held invalid, such provision shall be deemed to be
excised herefrom and the invalidity thereof shall not affect any of the other provisions
contained herein.
14. 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.
15. Binding Effect of Agreement. This Agreement is binding upon the
Property, the parties hereto and their respective grantees, successors and assigns.
16. 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.
17. 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: Shlemon Steven and Mona Abraham
8 Linden Avenue
Wheeling, IL 60090
4580GGZ
0
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Raysa & Skelton, P.C.
1 140 Lake Street, Suite 400
Oak Park, IL 60301
18. Default.
In the event Owner defaults in performance of the obligations set forth
in this Agreement, then the Village may, upon notice to Owner, allow Owner sixty
(60) days to cure default or provide evidence to the Village that such default will be
cured in a timely manner if it cannot be cured during said 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 obligations or development has not been completed. In such
event, this Agreement shall be considered to be the petition of the Owner to
disconnect such portion of the Property
19. Litigation.
A. The Owner shall be responsible for any litigation, including costs,
which may arise relating to the annexation, zoning and development of the Property.
Owner shall cooperate with the Village in said litigation but Owner's counsel will have
principal responsibility for such litigation.
B. The Owner shall reimburse the Village for reasonable attorneys'
fees, expenses and costs incurred by the Village resulting from litigation relating to the
annexation, zoning and development of the Property or in the enforcement of any of
8 OGGZ it
the terms of this Annexation Agreement upon a default by the Owner.
C. Owner hereby indemnifies and holds the Village harmless from any
actions or causes of action which may arise as a result of development activities for
which the Owner is responsible.
20. Special Conditions.
A. It is understood and agreed that the Property does not meet the
minimum lot area of one-acre or the front and rear yard setbacks required in the
Residential Estate District by Section 17.40.020.B. of the Buffalo Grove Zoning
Ordinance. The Village hereby grants variations of the lot area and front and rear
yard setback requirements of the Residential Estate District to allow continued
use of the existing single-family residence in accordance with the Plat of Survey
dated November 21, 1998 attached hereto as EXHIBIT C.
Any additions or modifications to the existing structures or any
new structures on the Property requiring variation of the standards of the Village
Zoning Ordinance or other applicable regulations are subject to review and
approval by the Village.
B. All water wells on the Property shall be properly sealed as required
by the Illinois Department of Public Health, and as approved by the Village
Health Officer. Said well sealing shall be completed immediately after connection
to the Village water system or in compliance with a schedule of completion
approved by the Village Engineer.
C. It is understood and agreed that upon annexation the Village will
issue a new street address for the residence on the Property to ensure proper
9
4580662
identification for provision of services, and Owner shall use said Village
address in place of the current address assigned by Lake County. Owner is
also required to contact the Buffalo Grove Post Office and submit a change of
address requesting use of the address as assigned by the Village.
D. Owner shall deposit with the Village the amount necessary to
re-imburse the Village for any real estate tax payments made by the Village to
the Lincolnshire-Riverwoods Fire Protection District concerning the Property
pursuant to Public Act 91-307 (70 ILCS 705/20). Said deposit, as determined
by the Village, shall be made by the Owner prior to issuance of the permit for
connection to the Village water system.
E. 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.
IN WITNESS WHEREOF, the Corporate Authorities, 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
By
ELL OTT HARTSTEIN, Village President
ATTEST:
45806-Z
10
Bye
LAGE CLERK
OWNER:
By
Shlemon Steven Abraham
ABy
Mona Abraham
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
This document prepared by: Robert E. Pfeil, Village Planner,
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
G:IPFEILIPROJCURRILINDEN8IANNAGR.WPD
458066Z
11 ��
EXHIBIT A
Legal Description
8 LINDEN AVENUE
Lot 24 and part of Lot 25, Unit 1 of Columbian Gardens
Lot 24 and the west 10 feet of Lot 25 in Block 5, Unit 1 of Columbian Gardens,being a subdivision
in Section 35, Township 43 North, Range 11 East of the Third Principal Meridian, according to the
plat thereof recorded May 5, 1926 as Document Number 278278, in Book"P"of Plats, Page 33, in
Lake County, Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 9.300 square foot
lot known as 8 Linden Avenue, Wheeling, IL.
�58�b�2
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EXHIBIT B
LOT 24 AND THE WEST 10 FEET OF LOT 25 IN BLOCK 5, UNIT 1 OF COLUMBIAN
GARDENS, BEING A SUBDIVISION IN SECTION 35, TOWNSHIP 43 NORTH, RANGE 11,
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE J�j' THEREOF
RECORDED MAY 5, 1926 AS DOCUMENT NUMBER 278278, IN BOO,I`� Q``f • R �,.PAGE
33, IN LAKE COUNTY, ILLINOIS. ,,��. P��••...... • /Jr�4,��'
Prepared by: �V:' 37030 V
VILLAGE OF BUFFALO GR&V REGISTE�tED
"ENGINEER : S
Richard K. Kuenkler, P.E., Ville Otmatof ,.`
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A SUBDIV73I0N IN RECTION S:n TOWNZNIP 43 NOIrnI, RANUE 11. RAn OV Tllt TN1RD PRINCIPAL
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