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1995-052 3696127 4/27/95 LAXNE COU;ITY, ILLINGIS ORDINANCE NO. 95- 52 qJ PH 4: 35 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR (� OLSON PROPERTY 22941 N. PRAIRIE ROAD WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970;and, WHEREAS,there has heretofore been submitted to the Corporate Authorities of the Village of Buffalo Grove a petition to annex the property legally described in Exhibit A hereto;and, WHEREAS,there has been submitted to the Corporate Authorities of the Village of Buffalo Grove an Annexation Agreement;and, WHEREAS, proper and due notice of the public hearing on said Annexation Agreement and Zoning has been given and a public hearing was held;and, WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to approve said Annexation Agreement. - 1. 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:, 6 - Marienthal Reid, Rubin, Braiman, Hendricks, Glover 1 NAYES:O - None ABSENT: 0 - None PASSEDtune 5, 1995 APPROVED: June 5, 1995 ATTEST: APPROVED: •. 5 ^1f7 r s H � 9 17 r ..i T- SIDNEY H"MA �2C - Villa a Jerk ; THIAS,Village President r � w 6/1/95 OLSON PROPERTY 22941 N. PRAIRIE ROAD Annexation Agreement Table of Contents 1 . ARplicahle Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Agreement Compliance And Validity , , , , , , , , , , , , , , , , , , , 2 3. Enactment of Ann .xation Ordinance , , , , , , , , , , , , , , , , , , , 3 4. Enactment Of Zoninq Ordinan , , , , , , , , , , , , , , , , , , , , , , 3 5. Compliance with Applicable Ordinances . . . . . . . . . . . . . . . . . 3 6. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7. Water Provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8. Storm and Sanitary Sewer Prnvisinnc . . . . 5 9. Drainage Provisions . . . . . . . . . . . . 6 10. Owner Recapture of WHO i I i y o ss . . . . . . . . . . . . . . . . . . . . . 6 1 1 . Security for Public and Private Site Improvements , , , , , , , , , . 7 D ti 12. Bight of Way _di .ann , , , , , , , , , , , , , , , , , . , 7 13. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14. Annexation F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 15. Building,lding, Landscaping and Apsthptirs Plans , , , , , , , , , , , , , , 8 16. Park District Dona ions , , , , , , , , , , , , , , , , , , , , , , , , , , , , 8 17. School District Dona ions . . . . . . . . . . . . . . . . . . . . . . . . . . 9 18. Conditions on . .rninp Parks and School Donations . . . . , , , , , 9 19. Annexation to the B jffalo Grove Park Dictrirt 9 20. Facili a ion of Development. . . . . . . . . . . . . . . . . . . . . . . . . . 9 21 . Enforceahili y of the Agreement , , , , , , , , , , , , , , , , , , , , , 10 22. Term of Aar _ .m .n 10 23. Binding Effect of Apr _ m n . . . . . . . . . . . . . . . . . . . . . . . 10 24. Corporate Cana i i s 10 25. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 26. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 27. l i iga ion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 28. Special Conditions 12 �sysi2� r ' °6/1/95 OLSON PROPERTY 22941 N. Prairie Road Annexation Agreement This agreement (hereinafter referred to as the "Agreement") made and entered into this 5th day of June, 1995, 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 Lawrence A. Olson and Jill E. Olson (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 0.29 acres (12,682 square feet) legally described and identified in the Legal Description, which is attached hereto as 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, including certain street right-of-way adjacent to the Property, is attached hereto as EXHIBIT B, which depicts a total area of 0.40 acres to be annexed; and, 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 the continued use of the single-family residence on the Property, 1 3696127 OLSON PROPERTY Annexation Agreement Location Map 3 8 OC AN AVCr a Lk HALF DAY Rp ROUTE 22 0 w CT ar RE cr H Ur CT t1RLYL _ / / R 4 � GETS Area to be Annexed :36y�12�' M 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 with the Lake County Recorder's Office along with the Plat of Annexation (attached hereto as EXHIBIT B). Recording shall take place no more than thirty (30) days after enactment of Annexation w Ordinance. 4. Enactment of Zonin- 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. 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 3 y WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et. seq., of the Illinois Municipal Code ( Chapter 65, Illinois Compiled Statutes 1992) and as the same may have been modified by the Village's Home Rule Powers, a proposed Annexation Agreement was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by Statute; and, WHEREAS, pursuant to due notice and advertisement, the Plan Commission of the Village has held a public hearing and made their recommendations with respect to the requested zoning classification of the Residential Estate District and zoning variations; 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 1992) 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 517-1-8 of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1992) and as the same may have been modified by the Village's Home Rule powers, conditioned 2 `-� 369612'7 Y .. forth in the Village of Buffalo Grove Development Ordinance as amended from time to time. 6. Buildina 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 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. Owner agrees to make said connection for the existing residence on the Property but said connection shall be permitted by the Village only after right-of-way along Prairie Road has been dedicated as set forth in Paragraph 12, and after Owner has applied to Lake County for a permit to repair the septic system on the Property as set forth in Paragraph 28.C. It is understood and agreed that Owner will complete the obligations set forth in Paragraph 28.B. to seal the well and in Paragraph 28.C. to repair the septic system 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 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 4 a)�961isr ! r' 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. 8. Storm and Sanita Sewer Provisions. A. It is understood and agreed that the existing residence 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 if so directed by the Village. No new principal building or new development on the Property shall occur until served by connection to the Village sanitary sewer system. B. When connection to the Village sanitary sewer system is feasible and required for the existing residence or new development 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 proposed development to the Lake County Department of Public Works for the collection of sewage and to the Illinois Department of Transportation as may be appropriate. The Owner shall construct on-site and off-site sanitary sewers as may be necessary to service the Property, pursuant to a Preliminary Engineering Plan approved by the Village. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain such systems, except for sanitary sewer service connections. 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. 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 single-family residential use until 5 3696127 said connection is determined by the Village to be feasible. Any new development on the Property shall require connection to the Village storm water sewer system, and Owner shall construct any storm sewers necessary to service the Property, pursuant to a Preliminary Engineering Plan approved by the Village. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain that portion of the storm sewer system which serves public streets, or multiple properties, and the Owner agrees to operate and maintain that portion of the storm sewer system located on the subject Property and not dedicated, and shall record a covenant to that effect within thirty (30) days of the recording of the Plat of Subdivision. 9. Drainage Provisions. The Owner shall fully comply with any request of the Village-;Engineer related to the placement of buildings on the Property, 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. Owner Recapture of Utility Costs. It is understood and agreed that a portion of the sanitary sewer, storm sewer, and/or watermain to be constructed and installed by the Owner to serve the proposed development on the Property (hereinafter referred to as "Owner's Improvements") may be required by the Village to be so located and/or oversized as to benefit neighboring properties not owned by the Owner, thus making such utility service available thereto. The Corporate Authorities agree to adopt an ordinance to permit the Owner to recapture from such neighboring properties as may be benefitted by the Owner's improvements, that portion of the actual costs of oversizing the construction and installation of Owner's Improvements, in such proportionate amounts from such 6 eel," :�sy61z� neighboring property owners as may be so benefitted as determined by the Village. Said recapture ordinance shall only be enforceable for seven (7) years from its passage. The Village and Owner agree to use their best efforts to cooperate to achieve the most practical and feasible route to the off-site utilities connection points. The Village agrees to cooperate with the Owner in effectuating recapture from future developers as appropriate. The Village shall be entitled to a five percent (5%) fee from any amounts hereby recaptured as and for its collection efforts. 11. Securitv 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. 12. Right of Warr Dedication. The Owner acknowledges that it is the intention of the Village and other involved agencies that at some time in the future Prairie Road will be widened. Owner agrees to dedicate approximately ten (10) feet of right-of-way along Prairie Road as required to achieve a right-of-way of forty (40) feet from the centerline of Prairie Road adjoining the Property. Said dedication shall be made immediately upon annexation, and no permit for connection to the Vilalge water system shall be issued until said dedication is made. r EXHIBIT A OLSON PROPERTY 22941 N. PRAIRIE ROAD Annexation A reement THAT PART OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 21; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 21, 186.3 FEET TO A POINT IN THE EAST LINE OF MILL ROAD (SO CALLED); THENCE SOUTH 21 DEGREES 07 MINUTES EAST ALONG THE EASTERLY LINE OF SAID MILL ROAD, 295.5 FEET TO THE PLACE OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE NORTH 69 DEGREES 57 MINUTES EAST, ALONG A LINE HEREINAFTER REFERRED TO AS--COURSE "A", 153.7 FEET; THENCE SOUTH 13 DEGREES 49 MINUTES EAST, 50 FEET; THENCE SOUTH 14 DEGREES 20 MINUTES EAST, 35.35 FEET, MORE OR LESS, TO A POINT ON A LINE DRAWN 85 FEET SOUTHERLY OF AND MEASURED PERPENDICULAR AFORESAID COURSE "A"; THENCE SOUTH 69 DEGREES 57 MINUTES WEST, PARALLEL WITH SAID COURSE "A", 144 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID MILL ROAD; THENCE NORTH 21 DEGREES 07 MINUTES WEST, ALONG THE EASTERLY LINE OF SAID MILL ROAD, 85 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING, IN LAKE COUNTY, ILLINOIS. "7 3696127 �'". _ r �� 13. Exhibits. The following EXHIBITS, some of which were presented in testimony given by the Owner or the witnesses during the hearings held before the Plan Commission and the Corporate Authorities prior to the execution of this Agreement, are hereby incorporated by reference herein, made a part hereof and designated as shown below. This Agreement, upon execution by the parties, together with copies of all EXHIBITS, shall be kept on file with the Village Clerk and be available for inspection to the parties hereto. EXHIBIT A Legal Description EXHIBIT B Plat of Annexation dated as last revised May 8, 1995 by Chamberlin/Masse Engineering EXHIBIT C Plat of Survey dated January 20, 1995 by Chamberlain/Masse Engineering 14. Annexation Fee. Owner agrees to pay an annexation fee of$700.00 which fee shall be paid at the time of issuance of a permit for connection to the Village water system. 15. Buildina. LandSMning and Aesthetics Plans.. For any new development or substantial re-development on the Property Owner will submit building and landscaping plans (which landscaping plans shall conform to the requirements of Village Ordinances) for approval by the Appearance Commission and the Corporate Authorities before commencing construction of buildings. Lighting and signage shall be compatible with surrounding areas as approved by the Appearance Commission. Phases not under construction or completed shall be maintained in a neat and orderly fashion as determined by the Village Manager. 16. Park District Donations. For any new residential development on the Property, Owner agrees to comply with the provisions of Title 19 of the Buffalo Grove S } 7 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. 17. School District Donations. For any new residential development on the Property, 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 School Districts 103 and 125 according to the criteria of said Title for any new residential development. 18. Conditions Concerning Parks and School Donations. It is understood and agreed that rooms in the residential units labeled dens, lofts, or studies on any floor plans will be counted as bedrooms for the purposes of calculating park and school donations, if, in the judgment 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. 19. 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. 20. 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 use and development of the Property in the best interests of all the parties requires their continued cooperation. The Owner does hereby evidence their intention to fully comply with all Village requirements, its willingness to discuss any matters of mutual 9 interest that may arise, and its 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 use and the development of the Property, as contemplated by the provisions of this Agreement. 21. 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. 22. Term of Anreement. This Agreement will be binding on all parties and the Property 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., 23. Bindin-q Effect of Agreement. This Agreement shall be binding upon the Property, the parties hereto and their respective successors and assigns. 24. 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. 25. 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: Lawrence A. Olson and Jill E. Olson 22941 N. Prairie Road Prairie View, IL 60069 10 ' .3696127 Copy to: If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Raysa & Skelton 1140 Lake Street, Suite 400 Oak Park, IL 60301 26. Default. In the event Owner defaults, in their 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 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. 27. Litigation. A. The Owner, at their 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. 11 �� fMr r � .36y612'7 f v 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 which may arise as a result of use or development activities for which the Owner is responsible. 28. 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 17.40.020.6. of the Buffalo Grove Zoning Ordinance. w 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 January 20, 1995 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 is made. C. Owner shall apply immediately upon annexation to Lake County for a permit to repair the existing septic system on the Property. Said repair shall be incompliance with applicable State of Illinois and Lake County regulations. Failure to complete repairs in 12 compliance with applicable regulations may result in termination of Village water service to the Property. D. It is understood and agreed that upon annexation, the Village will assign a new street address for the Property to ensure proper identification for provision of services, and Owner shall use said Village address in place of the current address assigned by Lake County. E. It is understood and agreed that no non-residential use of the Property is contemplated by this Agreement, but if non-residential development is allowed by the Village, a fire protection impact fee of$0.75 per gross square foot of building area shall be paid at the time of issuance of building permit. F. If the Property becomes disconnected from the Village, then the Village only has to provide water and sanitary sewer service to the Property for so long as all of the Property remains unincorporated. 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. VILLAG B A By 4 ATTEST: By y, J r' • •., F`l r.• owNOf J 13