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2004-005 1/5/2004 ORDINANCE NO. 2004 - 5 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR GRANADOS PROPERTY 22 LINDEN AVENUE 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 have been given and the public hearing was held; and, WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to approve said Annexation Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. The Annexation Agreement, a copy of which is attached hereto and made a part hereof as Exhibit A is approved. Section 2. The President and Clerk of the Village are hereby authorized to execute said Agreement on behalf of the Village of Buffalo Grove. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. 2 AYES: 6 Bwraiman, Glover, Berman, Johnson, Kahn Trillin NAYES: 0 —None ABSENT: 0 —None PASSED: January_5„m,2004 APPROVED: January 5, 2004 ATTEST: APPROVED: Village Clerk ELLIOTT HARTSTEIN, Village President This document was prepared by: Robert E. Pfeil, Village Planner, Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,IL 60089 12/10/2003 ANNEXATION AGREEMENT 22 Linden Avenue Lot 17, Block 5,Unit 1 in Columbian Gardens Granados Property This agreement(hereinafter referred to as the "Agreement")made and entered into this 5th day of January,2004,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 Eduardo Granados and Apolonia Granados(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 0.185 acres(8,060 square feet) 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 map of the territory to be annexed, depicting a total area of 0.185 acres, is attached hereto as EXHIBIT B; and, WHEREAS,Owner desires to annex 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; and, 2 WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et seq., of the Illinois Municipal Code (65 ILCS 5111-15.1-1 et seq.) and as the same may have been modified by the Village's Home Rule powers, a proposed Annexation Agreement was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by Statute; and, WHEREAS,pursuant to due notice and advertisement,the President and Board of Trustees of the Village 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 (65 ILCS 5/11-15.1-1 et seq.) and as the same may have been modified by the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Agreement. 2. Agreement: Compliance and Validity. The Owner has filed with the Village Clerk of the Village a proper petition pursuant to and in accordance with the provisions of Section 5/7-1-8 of the Illinois Municipal Code (65 ILCS 5/7-1-8) and as the same may have been modified by the Village's Home Rule powers, conditioned on the execution of this Agreement and the compliance 3 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,as contemplated in this Agreement. 3. Enactment of Annexation Ordinance. The Corporate Authorities,within twenty-one (21) days of the execution of this Agreement by the Village, will enact an ordinance (hereinafter referred to as the "Annexation Ordinance") annexing the Property to the Village. Said Annexation Ordinance shall be recorded at the Lake County Recorder's Office along with the Plat of Annexation (attached hereto as EXHIBIT B). 4. Enactment of Zoning-Ordinance. Within twenty-one (21) days after the passage of the Annexation Ordinance,the Corporate Authorities shall enact an ordinance zoning the Property in the 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. 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.Notwithstanding the foregoing,the Village shall not apply 4 new ordinances or regulations to the Property to the extent that the ordinances or regulations would prevent use of the Property for the current single-family residence. 6. 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 by reference herein,made a part hereof and designated as shown below. EXHIBIT A Legal Description EXHIBIT B Map of the territory (Property) to be annexed EXHIBIT C Plat of Survey dated June 9, 1998 7. 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. 8. 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 5 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. 9. Term of Agreement. This Agreement is binding upon the Property,the parties hereto and their respective grantees,successors and assigns for a term of twenty(20)years from the date of this Agreement. This Agreement shall not be assigned without prior written consent of the Village. This Agreement may be amended by the Village and the owner of record of a portion of the Property as to the provisions applying thereto,without the consent of the owners of other portions of the Property. 10. 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. 11. 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: Eduardo Granados and Apolonia Granados 22 Linden Avenue Buffalo Grove, IL 60089 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 6 Copy to: William G. Raysa, Esq. Raysa& Zimmermann, Ltd. 22 S. Washington Ave Park Ridge, IL 60068 12. Default. In the event Owner default in performance of their 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 have 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. 13. 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 Village 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 June 9, 1998 attached hereto as EXHIBIT C. It is understood and agreed that any additions or modifications to the existing buildings and structures on the Property, and any new buildings or structures, are subject to review and approval by the Village. B. It is understood and agreed that upon annexation the Property shall use the street address issued by the Village to ensure proper identification for provision of services. Owner shall use said Village address in place of any addresses assigned by Lake County. Owner shall contact the Buffalo Grove Post Office to request delivery of mail to the address assigned by the Village. C. Owner represents and warrants that the only mortgagee,lien holder or holder of any security interest affecting title to the Property or any part thereof is Washington Mutual. 8 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 By ELLIOTT HARTSTEIN, Village President ATTEST: By l-y\ . I . w LAGE CLERK OWNER: Eduardo Granaeos OWNER A lonia Granados This document prepared by: Mail to: Village Clerk Robert E. Pfeil, Village Planner Village of Buffalo Grove Village of Buffalo Grove 50 Raupp Boulevard 50 Raupp Boulevard Buffalo Grove, IL 60089 Buffalo Grove,IL 60089