2001-028 5/2/2001
4?59821
Filed for Record in:
LAKE COUNTY)� IL
MARY ELLENNp VANDERVENTER - RECORDER
OnAtSe3 11 2001
:01p
Receipt #: 305288
ORDINANCE NO. 20046ye Cashier #4
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR
NELSON PROPERTY
16238-16372 W. HIGHWAY 22 (IL ROUTE 22)
Property on north side of Illinois Route 22
across from the Powernail property
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.
D'
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Section 1. That the real property legally described in Exhibit A attached hereto be and hereby
is annexed to the Village of Buffalo Grove. A true and correct map of said real property is attached
hereto and made a part hereof as Exhibit B.
Section 2. The Village Clerk of the Village of Buffalo Grove is hereby directed to cause to
be filed in the Office of the Recorder of Deeds of Lake County a copy of this Ordinance with an
accurate map of the territory annexed.
Section 3. This Ordinance shall be in full force and effect on and after its passage and
approval. This Ordinance shall not be codified.
AYES: 5 - Mari enthal Glove r,..Johnson,.Jm qhn, President Hartstein
NAYES: 0 - None
2w Brawiman, .Berman mm
PASSED: May _7, 200..1........... APPROVED:..., Mayor 7, 2001
ATTEST: APPROVED:
V' ge 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 4,7 5 8��-
Buffalo Grove, IL 60089
a
t '..
5/7/2001
ANNEXATION AGREEMENT
(Approved by Ordinance 2001—28)
NELSON PROPERTY
16238-16372 W. HIGHWAY 22 (IL ROUTE 22)
Property on north side of Illinois Route 22
across from the Powernail property
TABLE OF CONTENTS
1. Applicable Law................................................................................................................2
2. Agreement:Compliance and Validity..............................................................................3
3. Enactment of Annexation Ordinance..............................................................................3
4. Enactment of Zoning Ordinance.....................................
5. Approval of Plans....................................................................................... .....3
6. Compliance with Applicable Ordinances........................................................................4
7. Building Permit Fees.....................................................................
8. Water Provision...............................................................................................................4
9. Storm and Sanitary Sewer Provisions............................................................................. 5
10. Drainage Provision...........................................................................................................7
11. Payment of Recapture Fees Owed...................................................................................7
12. Security for Public and Private Site Improvements.........................................................7
13. Right of Way Dedication. ...............................................................................................7
14. Exhibits............................................................................................................................ 8
15. Annexation Fee................................................................................................................8
16. Building,LandsMing and Aesthetics Plans..................................................................8
17. Park District Donations....................................................................................................9
18. School District Donations........................
19. Conditions cwncemin_Park and School Donations........................................................9
20. Annexation to the Buffalo Grove Park District............................................................. 10
21. Facilitation of Development........................................................................................... 10
22. Enforceability of the Agreement.................................................................................... 10
23. Term of Agreement........................................................................................................ 10
24. Binding Effect of Agreement......................................................................................... 11
25. Corporate Capacities...................................................................................................... 11
26. Notices. .......................................................................................................................... 11
27. Default............................................................................................................................ 11
28. Liti ag tion........................................................................................................................ 12
29. Special Conditions......................................................................................................... 12
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5/7/2001
NELSON PROPERTY
16238-16372 W. HIGHWAY 22 (IL ROUTE 22)
Property on north side of Illinois Route 22
across from the Powernail property
ANNEXATION AGREEMENT
This agreement(hereinafter referred to as the "Agreement") made and entered into this 7th
day of May, 2001,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 Calvin Nelson(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 5.47 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, including certain street right-of-way adjacent to the
Property,is attached hereto as EXHIBIT B,which depicts a total area of 5.47 acres to be annexed;
and,
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WHEREAS, Owner desires to annex and use the Property pursuant to the provisions and
regulations applicable to the Residential Estate (RE) One-family Dwelling District of the Village
Zoning Ordinance, including continued use of the single-family residences and certain other non-
residential uses for an interim period as set forth in Paragraph 29.E. of this Agreement.
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 Village Board has held a public
hearing and made its determination with respect to the requested zoning classification in the
Residential Estate District and zoning variation; 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 modified by the Village's Home Rule
powers. The preceding whereas clauses are hereby made a part of this Agreement.
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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.
5. Approval of Plans. It is understood and agreed that the Owner has not submitted a
Preliminary Plan for review and approval by the Village. Any development of the property proposed
4'759821
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by the Owner or subsequent owners and developers is subject to the requirements of this Agreement
and applicable Village Ordinances, including but not limited to the Zoning Ordinance and
Development Ordinance.
6. 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.
7. 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.
8. Water Provision. The Owner shall be permitted and agrees to tap on to the Village
water system at points recommended by the Village Engineer. Owner agrees to make said
connections for the existing residences on the Property, but only after right-of-way along Illinois
Route 22 has been dedicated as set forth in Paragraph 13, and after Owner has made any necessary
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repairs to the septic systems as set forth in Paragraph 29.C. Connection to the Village water system
to serve the existing residential uses on the Property shall be completed by December 31,2002. Said
connection to the Village water system shall used only for the existing residential uses on the
Property.
It is understood and agreed that Owner will complete the obligations set forth in Paragraph
29.13.to seal the wells and in Paragraph 29.C.to repair the septic systems,if necessary,in accordance
with applicable State and County regulations, and failure to complete said obligations 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 further agrees to pay the Village fees in accordance with the applicable Village
ordinances at the time of issuance of the water and sanitary sewer permits. The owner agrees to
accept any increases in water rates and tap-on fees provided that 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 the Property.
9. Storm and Sanitary Sewer Provisions.
A. It is understood and agreed that the existing residences on the property shall
not be required to connect to the Village's sanitary sewer system until said sewer is within 400 feet
of the property line of the Property. When said condition occurs, the Village shall determine if
connection to the sanitary sewer system is feasible, and Owner shall connect to the sanitary sewer
at the direction of the Village. No new principal buildings or new development shall occur on the
Property until connection is made to the Village's sanitary sewer system.
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B. When connection to the Village sanitary sewer system is feasible for the
existing residences or new development on the Property, the Corporate Authorities agree to
cooperate with the Owner and to use best efforts to assist the Owner in obtaining permits from
agencies having jurisdiction, including the Lake County Department of Public Works, the Lake
County Department of Transportation and the Illinois Department of Transportation, as may be
necessary to authorize connection to the Lake County sanitary sewer system.
The Owner shall construct on-site and off-site sanitary sewers as may be necessary to serve
the Property,pursuant to a Preliminary Engineering Plan approved by the Village.Upon installation
and acceptance by the Village through formal action by the Corporate Authorities,the Village agrees
to operate and maintain said sewer lines,except for sanitary sewer service connections. The Owner
agrees to accept any increases in sewer rates and fees,provided that such rates and fees are applied
consistently to all similar users in the Village to the extent possible.
C. It is understood and agreed that the Property shall not be required to connect
to the Village's storm sewer system to serve the existing uses on the Property until said connection
is feasible as determined by the Village. Any new development on the Property shall require
connection to the Village storm sewer system,and Owner shall construct any storm sewers necessary
to serve the Property, pursuant to a Preliminary Engineering Plan approved by the Village. Upon
installation and acceptance by the Village through formal action by the Corporate Authorities, the
Village agrees to operate and maintain that portion of the storm sewer system that serves public
streets or multiple properties. Owner agrees to operate and maintain that portion of the storm sewer
system located on the Property and not dedicated, and shall record a covenant to that effect if
required by the Village.
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10. 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 that
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.
11. Payment of Recapture Fees Owed. Any amount of recapture required to be paid by
this Property shall be due and payable to the Village prior to issuance of permits for water or sewer
service.
12. Security for Public and Private Site Improvements. Security for public and private
site improvements shall be provided in accordance with the Development Ordinance, and any
Development Improvement Agreement required by the Village. 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.
13. Right of Way Dedication. The Owner acknowledges that it is the intention of the
Village and other involved agencies that at some time in the future Illinois Route 22 will be widened.
Owner agrees to dedicate property for right-of-way along Illinois Route 22 as required to achieve a
right-of-way of sixty(60)feet from the centerline of Illinois Route 22 adjoining the Property.
Said dedication shall be made at the direction of the Village, and no permit for connection to the
Village water system shall be issued until such dedication is made.
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14. Exhibits. The following EXHIBITS, some of which were presented in testimony
given by the Owner or the witnesses during the hearing held by 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 June 11,2001 by Kevin D. Discher,
Greengard,Inc.
EXHIBIT C Letter dated April 16, 2001 from Leslie A. Morse, Hill, Gilstrap &
Balson, summarizing proposed interim land use by the Owner
EXIIIBIT D Plat of Survey dated December 12, 1997 by Larry Faith, Northern
Counties
15. Annexation Fee. Owner agrees to pay an annexation fee of$700.00 for each existing
residential unit, which fees shall be paid at the time of issuance of a permit for connection to the
Village water system. For any future residential development on the Property approved by the
Village,a fee of$700.00 per unit shall be paid at the time of issuance of building permit(s). The fees
as set forth in this Paragraph shall,however,be paid in full prior to the expiration of this Agreement.
16. Building,Landscaping and Aesthetics Plans. For any new development or
redevelopment of the Property, Owner shall submit building and landscaping plans for review and
approval by the Village. Said plans shall be submitted prior to application for building permits,and
shall be in accordance with Village standards and requirements. Any lighting on the Property,
existing or proposed, is subject to review and approval by the Village.
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Any grading or other site work shall be conducted with methods and procedures to ensure
that trees on the Property will be preserved. Any removal of trees on the Property is subject to review
and approval by the Village.
The Property shall be maintained in a neat and orderly fashion as determined by the Village
Manager.
17. Park District Donations. For any new residential development on the Property
approved by the Village, Owner agrees to comply with the provisions of Title 19 of the Buffalo
Grove Municipal Code as amended from time to time regarding park donations. Owner agrees to
make cash contributions to the Village for conveyance to the Buffalo Grove Park District to fulfill
the obligation of the Property concerning park donations for new residential development.
18. School District Donations. For any new residential development on the Property
approved by the Village, Owner agrees to comply with the provisions of Title 19 of the Buffalo
Grove Municipal Code as amended from time to time regarding school donations. Owner agrees to
make cash contributions to the Village for conveyance to the appropriate elementary school district
and to School District 125 according to the criteria of said Title for any new residential development.
19. Conditions Concerning Parks and School Donations.It is understood and agreed that
rooms in the residential units labeled as dens, lofts, studies or libraries on the floor plans will be
counted as bedrooms for the purposes of calculating park and school donations, if,in the judgement
of the Village, said rooms can be used as bedrooms. It is understood and agreed that the per acre land
value used to compute said cash contributions may be increased from time to time, and cash
contributions made at the time of building permit issuance shall be based on the land value in effect
at the time of permit issuance.
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20. Annexation to the Buffalo Grove Park District. The Owner agrees,at the request of
the Buffalo Grove Park District and at the direction of the Village, to annex any part or all of the
subject Property to said Park District. Said annexation shall be completed within sixty(60)days of
the request of the Park District.
21. 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 his 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.
22. 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.
23. 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.
�3
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24. Binding Effect of Agreement. This Agreement is binding upon the Property, the
parties hereto and their respective grantees, successors and assigns.
25. Corporate Capacities. The parties acknowledge and agree that the individuals that
are members of the group constituting the Corporate Authorities are entering into this Agreement
in their official capacities as members of such group and shall have no personal liability in their
individual capacities.
26. Notices. Any notice required pursuant to the provisions of this Agreement shall be
in writing and be sent by certified mail to the following addresses until notice of change of address
is given and shall be deemed received on the fifth business day following deposit in the U.S. Mail.
If to Owner: Calvin Nelson
26026 N. Prairie Road
Prairie View, IL 60069
Copy to: Leslie A. Morse, Esq.
Hill, Gilstrap& Balson
303 West Madison Street
Chicago, It, 60606
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.
1140 Lake Street, Suite 400
Oak Park, IL 60301
27. Default.
In the event Owner defaults in 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
4759821 H
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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.
28. Litigation.
A. The Owner,at his cost,shall be responsible for any litigation 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 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 that may arise as a result of development activities for which the Owner is
responsible.
29. Special,Conditions.
A. It is understood and agreed that the parcel known as 16340 W. Highway 22
(PIN 15-21-200-003) of the Property does not meet the 50-foot front yard setback required in the
Residential Estate District. The Village hereby grants a variation of Section 17.40.020.B. of the
Buffalo Grove Zoning Ordinance to allow the front yard setback of approximately 23 feet for the
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existing single-family residence as depicted on EXHIBIT D attached hereto. Any additions or
modifications to the existing buildings and structures, and any new buildings and structures on the
Property are subject to review and approval by the Village.It is understood and agreed that the parcel
known as 16238 W. Highway 22 (PIN 15-21-200-004)does not meet the lot width standard of 125
feet in the Residential Estate District,and no new principal building shall be permitted on this parcel
unless said principal building is part of a redevelopment plan for the entire Property as determined
by the Village in its sole discretion.
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.
C. Any septic sewer facilities on the Property shall be properly maintained and
repaired as required by the Illinois Department of Public Health and Lake County and as approved
by the Village Health Officer. In the event that the Property is connected to the Village sanitary
sewer system, septic sewer facilities shall be properly pumped and filled as required by the Illinois
Department of Public Health and as approved by the Village Health Officer. Said actions to eliminate
the septic facilities shall be completed in a timely manner as determined by the Village.
D. Any underground tanks shall be removed as permitted and approved by the
Illinois State Fire Marshal and as scheduled and directed by the Village.
E. It is understood and agreed that the Property is zoned in the Village's
Residential Estate District. All uses on the Property not permitted or allowed in the Residential
District shall be terminated by March 31,2002. It is understood and agreed that residential use in the
4'759821 N
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Residential Estate District is limited to one family per dwelling unit as defined in the Buffalo Grove
Zoning Ordinance.Notwithstanding EXHMIT C, the current non-residential uses on the Property
shall not be expanded, and no other uses shall be allowed on the Property other than the existing
single-family residential uses and the existing plant nursery and storage of equipment used to
maintain the Property. Any junk, debris, refuse, landscape waste and inoperable vehicles shall be
removed from the Property within(thirty) 30 days of the date of this Agreement.
F. It is understood and agreed that the Village's planning for the Property and
adjacent properties to the west and northwest contemplates assembly of the respective parcels for
the purpose of implementing a planned development consistent with the"Planned Development 6"
residential planned unit development standards as set forth in Section 17.28.050 of the Village
Zoning Ordinance. Said planned development is intended to achieve safe and efficient vehicular
access, combined stormwater management, preservation of trees and an attractive and unified
architectural design. It is understood and agreed that the Village contemplates serving new
residential development on the Property with access from Prairie Road, with no access to Illinois
Route 22.
Owner will make best efforts to cooperate with the Village's planning goals for the area,
including sale of the Property for inclusion in an appropriate development plan for the area. It is
understood and agreed that the design and density of any development on the Property is subject to
approval by the Village in its sole discretion. It is further understood and agreed that the Corporate
Authorities are under no obligation to refer any request for rezoning of the Property to the Plan
Commission if said request is not consistent with the Village's planning and development goals for
the property as set forth above and as determined by the Corporate Authorities.
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G. It is understood and agreed that the Village of Buffalo Grove levies a real
estate transfer tax on all conveyances of real property in the Village. The Property shall be
considered to be in the Village upon passage of the annexation ordinance by the Corporate
Authorities.
H. It is understood and agreed that upon annexation the Village will issue new
street addresses for buildings on the Property to ensure proper identification for provision of
services,and Owner shall use said Village addresses in place of current addresses 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 addresses as assigned by the Village.
I. It is understood and agreed that new non-residential development on the
Property is not contemplated by this Agreement. In the event that new non-residential development
is allowed by the Village,a fire protection impact fee of$0.75 per gross square foot of building floor
area shall be paid at the time of issuance of the applicable building permit.
J. Owner represents and warrants that the only mortgagee,lien holder or holder
of any security interest affecting title to the Property is First National Bank of Antioch.First National
Bank of Antioch by its written approval of this Agreement acknowledges that this Agreement is
superior to its security interest in the Property.
K. Owner shall deposit with the Village the amount necessary to reimburse 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 within sixty(60 days)of the date
of this Agreement.
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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:
'VfiLLAGE CLERK
OWNER-
By
FIRST ATION BAND OF ANTIOCHQ
This document prepared by: Robert E. Pfeil, Village Planner
Village of Buffalo Grove
50 Raupp Blvd
Buffalo Grove, IL 60089
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
4759821
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EXIIISIT A
NELSON PROPERTY
16238-16372 W. HIGHWAY 22 (IL ROUTE 22)
Property on north side of Illinois Route 22
across from the Powernail property
Lot 2 in Nehmer's Subdivision,being a subdivision of part of the northwest quarter of the northeast
quarter of Section 21,Township 43 North,Range 11,East of the Third Principal Meridian according
to the plat thereof, recorded April 18, 1957 as document#947564 in Book 1534 of Records,page
1, in Lake County, Illinois, and also that part of the northwest quarter of the northeast quarter of
Section 21, Township 43 North, Range 11, East of the Third Principal Meridian, described as
follows: beginning at a point on the north line of said northwest quarter of the northeast quarter,
775.7 feet east of the northwest corner thereof; thence south 525.3 feet to the center of the public
road;thence easterly along the centerline of said road,254.8 feet;thence north to a point on the north
line of said northwest quarter of the northeast quarter,253.8 feet east of the point of beginning; and
thence west 253.8 feet to the point of beginning in Lake County, Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 5.47-acre tract on
the north side of Illinois Route 22 across from the Powernail property.
4'759821
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EXHIBIT
RECEIVED
DAuns,FT.WORTH: HILL,GnsTRAP&BnlsoN AUSTIN:
Hlu CA srx,w A PROFESSIONAL CORPORATION APR 20 200t 1005 co 0me.suite 88o
1400 W.Abram SL ATTORNEYS AND COUNSELORS Alslin,TX 78M
A&Vm,TX 76013 TEL(512)457-9006
RNM r
TEL(817)261-2222 303 WEST MADISON STREET J FAX(512)457-9066
FAX(817)861-4685 SUITE 1050
CHICAGO,IWNois 60606 UTTLE ROCK:
1 hdorrream Way
TELEPHONE(312)853-2920 sum 200
FAX(312)853-2926 Lfte Rock AR 72202
TEL(501)003-9000
April 16, 2001 FAX(501)603 05W
Via Facsimile & U.S.Mail
Mr. Robert Pfeil
Village Planner
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, TL 60089
RE: Annexation Agreement
16340& 16372 W.Hwy. 22,Prairie View,]L
Dear Mr- Pfeil:
Per your request and in accordance with the proposed Annexation Agreement,the
following is a summary of the proposed interim land use for the above-captioned property.
Since 1990, the land has been used for the planting and cultivating of nursery stock and
trees sold to a landscaping contracting business. Approximately 175-200 trees are cultivated and
harvested from the property each year.
In addition to the nursery stock,the property also contains sheds and garages for the
storing of equipment used to maintain the property_ There are two residences on the property
both owned by Calvin Nelson and rented to him by tenants.
Mr- Nelson shall continue to use the land in the same manner described above until
March 31, 2002, at which time said use shall be terminated pursuant to Paragraph 29(E)of the
Annexation Agreement.
If you have any questions, please feel free to contact me.
Very truly yours,
HILL, GILSTRAP&BALSON
A - X h,('C
esA. Morse
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