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:
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9 17 r ..i T- SIDNEY H"MA �2C -
Villa a Jerk ; THIAS,Village President
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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
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°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
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Area to be Annexed
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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.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.
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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
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ATTEST:
By
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