1994-052 81 0/94
ORDINANCE NO. 94- 52
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT
Prairie Grove Subdivision Phase 2 west side of Prairie Road
south of Prairie Grove Subdivision, Phase 1
WHEREAS,the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of
1970; and,
WHEREAS, there have heretofore been submitted to the Corporate Authorities of the Village of
Buffalo Grove petitions 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.
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: 4 - Marienthal Kahn Hendricks, President Mathias
NAYES: 0 - None ABSENT: 2 - Reid, Rubin ABSTAIN: 1 - Braiman
PASSED: August 15, 1994 APPROVED: August 15, 1994
ATTEST: APPROV
PagClerk/ SIDNEY H. MATHFAS,Village President
EXHIBIT A
PRAIRIE GROVE SUBDIVIS ,P- M
ANNEXATION AGREEMENT
— LEGAL DESCRIFTIZZI
PARCEL ONE _
THAT PART OF THE EAST HALF OF THE SOUTHWEST (MLMWrMR OF SEX-ITMN M, 70WNSHIP
43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL RKEHIMM41 WE2MIUBED ,AS FELLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF THE EUST!•HAO CUF 7RE `SO4JM4,WEST QUARTER
OF SECTION 21, AFORESAID, 875.19 FEET SOUTH OF TTkFI" �MRTHEA'ST (CDRt&—R THEREOF;
THENCE WESTERLY, 1323.78 FEET. MORE OR LESS, TO /A ,PUlWr C'I 7TJfE ',WEST '.L3i1E OF THE
EAST HALF OF THE SOUTHWEST QUARTER OF SECTION M. :;ff rF , Z7ID.19 F= SOUTH
OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 4tW N1n Tn4E VRUST LINE OF IHE EAST
HALF OF THE SOUTHWEST QUARTER OF SECTION 2*1, A t , ZZ3D FEET, 7HENCE
EASTERLY 1323.33 FEET. MORE OR LESS. TO A POINT MN 7 4E EAST U11NE (OF ME EAST HALF
OF THE SOUTHWEST QUARTER OF SECTION 21, AF . Z33i1:7B fp=- SOUTH OF THE
POINT OF BEGINNING AND THENCE NORTH ALONG THE SWT UJVE GF' TH4E EAST :HALF OF THE
SOUTHWEST QUARTER OF SECTION 21. AFORESAIZZ. Z"_TL,TM FM'T 7M T,IE p0INT OF
BEGINNING, IN LAKE COUNTY. ILLINOIS.
PARCEL TWO
THE NORTH 105.0 FEET OF THE EAST 300.0 FEET OF TFR•WrM,'AW(W THiFE EAST HALF OF THE
SOUTHWEST QUARTER OF SECTION 21. TOWNSHIP 443 MORTH. i MtGE lit" EAST OF THE
THIRD PRINCIPAL MERIDIAN. DESCRIBED AS FOLLOWS: a=NN7UG ANT/A EPIIFt'#IiT ON THE EAST
LINE OF THE EAST HALF OF THE SOUTHWEST QlLW s 33� :2.1„ AFORESAID,
1106.97 FEET SOUTH OF THE NORTHEAST CORNER TM WrX, 1WE ERLY 1323.33
FEET. MORE OR LESS. TO A POINT ON THE WESir lL kE OF 7TkE SAS"T HALF OF THE
SOUTHWEST QUARTER OF SECTION 21, AFORES,):=, i1'Cf`ITO= ;FEET SMU17, H OF THE
NORTHWEST CORNER THEREOF; THENCE SOUTH ALONG TUiE Wr'EStT'LMNE 'OF HE EAST HALF
OF THE SOUTHWEST QUARTER OF SECTION 21. AFOWESWM. =MS =.T, '.IAORE OR LESS
TO THE NORTHWEST CORNER OF THE SOUTH 660.0 FEETT (OF 117WE IUMOM 3//,4 OF THE EAST
HALF OF THE SOUTHWEST QUARTER OF SECTION 21s AKfMR•AID; TFHBNW; EAST ALONG THE
NORTH LINE OF THE SOUTH 660.0 FEET OF THE N0 7+1 ,/�4 , r ildHE LEAST ;HALF OF THE
SOUTHWEST QUARTER OF SECTION 21, AFORESAID. FFMs RE ;OR LESS, TO THE
NORTHEAST CORNER THEREOF AND THENCE NORTH hk=b= `iTfiE FAST ILMNE -OF THE EAST
HALF OF THE SOUTHWEST QUARTER OF SECTION 211, AhF3MW_S lfy. '2MIZM FEET. MORE OR
LESS. TO THE POINT OF BEGINNING.. IN LAKE COUtNM, nos? M.
PARCEL THREE
LOT 1 AND 2 IN MACKEYS SUBDIVISION. BEING A SUMM4=01 GDF FP.ART (OF -THE EAST HALF
OF THE SOUTHWEST QUARTER OF SECTION 21. TOW415ii0P AO 1 +i ,{. fRANGE 11 EAST OF
THE THIRD PRINCIPAL MERIDIAN. ACCORDING TO TiiE FLAT# 7 HEREOF f MCORDED OCTOBER
21. 1957 AS DOCUMENT NO. 96923Z IN BOOK 1579 OF e" WA-,T3j, TV(GE EN LAKE COUNTY.
IL.LINOIS.
SUBJECT PROPERTY COMMON DESCRIPTION: Dtitm ag42= tye.?ly 14. 459-acre
tract on the west side of Prairie Road smumtt}h cot£. , rime Grove —
Phase 1 subdivision.
8/15/94
PRAIRIE GROVE SUBDIVISION, PHASE 2
Samuels and Associates, Inc.
West side of Prairie Road, south of Prairie Grove, Phase 1
Annexation Agreement
TABLE OF CONTENTS
1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2. Agreement: Compliance and Validity. . . . . . . . . . . . . . . . . . . . . . 2
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . 2
4. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . 2
5. Approval of Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
6. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . 3
7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
8. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
10. Storm and Sanitaa Sewer Provisions. . . . . . . . . . . . . . . . . . . . . 4
11. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
12. Payment of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . 5
13. Security for Public & Private Site Improvements. . . . . . . . . . . . . 5
14. Right of Way Dedication. . . . . . . . . . . . . . . . . . . . . 5
15. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
16. Annexation Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
17. Building, Landscaping and Aesthetics Plans. . . . . . . . . . . . . . . . 6
18. Project Models. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
19. Park District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
20. School District Donations, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
21. Conditions Concerning, Park and School Donations. . . . . . . . . . . 6
22. Annexation to the Buffalo Grove Park District. . . . . . . . . . . . . . . 7
23. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
24. Enforceability of the Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . 7
25. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
26. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
27. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . 7
28. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
29. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
30. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
31. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
Prairie Grove Phase 2
Annexation Agreement
Location Map
L
NY Rt Route 2
p
0
0
0
W
0
► a
0
r
R
T,
4 .
LANE
' AN
Dist 102 Middle School
r ra
r Mi
Y
park
w
NA
r
n
APTAKISIc
r
8/15/94
PRAIRIE GROVE SUBDIVISION, PHASE 2
Samuels and Associates, Inc.
West side of Prairie Road, south of Prairie Grove, Phase 1
ANNEXATION AGREEMENT
- - This agreement (hereinafter referred to as the "Agreement") made and entered into this
15th day of August, 1994, 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 Stephen K. Bowles and
American National Bank and Trust Company of Chicago as Trustee under Trust No. 118212-04
dated May 31, 1994 (hereinafter referred to as "Owners"), and SAMUELS AND ASSOCIATES,
INC., an Illinois Corporation, (hereinafter referred to as "Developer").
WITNESETH:
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, Stephen K. Bowles is the owner of a certain tract of property comprising
6.7999 acres legally described and identified as Parcel Two and Parcel Three 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 Owner has entered into
a contract to sell said property to the Developer; and,
WHEREAS, American National Bank and Trust Company of Chicago as Trustee under
Trust No. 118212-04 dated May 31, 1994 is the Owner of a certain tract of property comprising
6.8077 acres legally described and identified as Parcel One 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 Developer, as general partner of Prairie
Road Associates Joint Venture, an Illinois general partnership, is the sole beneficiary of said
Trust; and,
WHEREAS, a Plat of Annexation is attached hereto as EXHIBIT B, which depicts a total
area of 14.459 acres to be annexed including Parcels One, Two and Three (hereinafter referred
to as the "Property") and any unincorporated street right-of-way adjacent to the Property; and,
WHEREAS, Developer desires and proposes pursuant to the provisions and regulations
applicable to the R-3 District of the Village Zoning Ordinance to develop the Property in
accordance with and pursuant to a certain Preliminary Plan prepared by Otis Associates and
dated as last revised June 28, 1994, and also Preliminary Engineering Plan prepared by
Pearson, Brown and Associates and dated as last revised June 30, 1994, (hereinafter jointly
1
referred to as "Preliminary Plan") a copy of which Preliminary Plan is attached hereto as
EXHIBITS D and E and incorporated herein, and subject to all other exhibits attached hereto or
incorporated by reference herein. Said development of Property shall consist of not more than
27 single-family detached homes.
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 its recommendations with respect to the requested
zoning classification in the R-3 District; 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 Owners have filed with the Village Clerk
of the Village proper petitions 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 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, togetherwith 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 R-3 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).
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 R-3 District subject to the restrictions further contained
2
herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to time.
Said zoning shall be further conditioned on the development of the Property in accordance with
the Preliminary Plan (EXHIBITS D and E) and other exhibits attached hereto or incorporated by
reference herein.
5. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plan
(EXHIBITS D and E) pursuant to the provisions of the Development Ordinance. The Corporate
Authorities agree to approve a Development Plan (including plats of subdivision) based on final
versions of the plans and drawings of the development of the Property as submitted by the
-Owners or Developer provided that the Development Plan shall:
(a) conform to the approved Preliminary Plan, and
(b) conform to the terms of this Agreement and all applicable Village Ordinances as
amended from time to time; and
(c) conform to the approved Development Improvement Agreement as amended
from time to time.
6. 'Compliance with Applicable Ordinances. The Owners and Developer agree to comply
with all ordinances of the Village of Buffalo Grove as amended from time to time in the
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. Owners and
Developer, in the development of the Property, shall comply with the standards and time limits
set forth in the Village of Buffalo Grove Development Ordinance as amended from time to time.
7. Amendment of Plan. If the Owners or Developer desire to make changes in the
Preliminary Plan, as herein approved, the parties agree that such changes in the Preliminary Plan
will require, if the Village so determines, the submission of amended plats or plans, together with
proper supporting documentation, to the Plan Commission and/or the Corporate Authorities to
consider such changes to the Preliminary Plan. The Corporate Authorities may, at their sole
discretion, require additional public hearings and may review the commitments of record
contained in this Agreement, including, but not limited to fees, prior to final consideration of any
change in the Preliminary Plan. The Village Manager is hereby authorized to approve such minor
changes as he deems appropriate, provided that no such changes--(a) involves a reduction of
the area set aside for common open space; nor (b) increases by more than two percent (2%) the
total ground area covered by buildings.
8. 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 Owners or Developer 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. Owners or Developer shall pay any
non-discriminatory new or additional fees hereinafter charged by the Village to Owners or
3
Developer or property within the Village.
9. Water Provision. The Developer shall be permitted and agrees to tap on to the Village
water system at points recommended by the Village Engineer which points to the extent shown
on EXHIBIT E are hereby approved by the Village. It is understood, however, that changes to the
Preliminary Engineering Plan may be required at the time of Final Engineering. The Developer
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 Developer agrees
to accept any increase in water rates and tap on fees provided such rates and fees apply
consistently to all other similar users in the Village to the extent possible. Following such tap on,
the Village agrees to provide to the best of its ability and in a non-discriminatory manner water
service to all users on the Property in accordance with the Preliminary Plan. Watermains serving
the Property and those approved as part of the development shall be installed by the Developer
and, except for service connections to the buildings shall, upon installation and acceptance by
the Village through formal acceptance action by the Corporate Authorities, be dedicated to the
Village and become a part of the Village water system maintained by the Village.
10. Storm and Sanitary Sewer Provisions.
A. The Corporate Authorities agree to cooperate with the Developer and to use their best
efforts to aid Developer in obtaining such permits from governmental agencies having jurisdiction
as may be necessary to authorize connection from the proposed development to the Lake County
Public Works Department for the collection of sewage and to the Lake County Division of
Transportation as may be appropriate. The Developer shall construct on-site sanitary sewers
pursuant to.EXHIBIT E and off-site sanitary sewers as may be necessary to service the Property.
It is understood, however, that changes to the Preliminary Engineering Plan may be required at
the time of Final Engineering, 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 Developer 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.
B. The Developer shall also construct on-site storm sewers pursuant to EXHIBIT E and
off-site storm sewers as may be necessary to service the Property. It is understood, however, that
changes to the Preliminary Engineering Plan may be required at the time of Final Engineering.
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.
C. It is understood and agreed that EXHIBIT E depicts "proposed" off-site stormwater and
sanitary sewers that are required to serve the Property. Developer shall submit plans for these
off-site facilities to the Village for review and approval. The Village will not approve a final plat
of subdivision for any portion of the Property until the Developer has demonstrated to the Village's
satisfaction that said off-site sewers will be constructed to serve the Property. No certificate of
4
occupancy for any residential unit on the Property shall be issued by the Village until said off-site
sewers are constructed and fully operational to serve the Property.
11. Drainage Provisions. The Developer shall fully comply with any request of the Village
Engineer related to the placement of buildings on lots, to preserve drainage standards. The
Developer 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.
12. Payment of Recapture Fees Owed. The Property is required to pay recapture fees
-for sanitary sewer service pursuant to Village Ordinances 79-53, 85-7, 85-16, 85-66, 85-67, 85-77
and 88-09, and for Prairie Road and Brandywyn Lane pursuant to Ordinance 93-41. Said
recaptures shall be paid to the Village upon final platting of the first plat of subdivision for any
portion of the Property.
13. Security for Public and Private Site Improvements. Security for public and private site
improvements shall be provided in accordance with the Development Ordinance, and the
Development Improvement Agreement(EXHIBIT C) as amended from time to time. 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.
14. Eight of Way Dedication. At the request of the Village, but no later than upon approval
of the first plat of subdivision of any portion of the Property, Owners and Developer agree to
dedicate a minimum of 14 feet of additional right-of-way along the west side of Prairie Road to
achieve a right-of-way of 54 feet from the center line of said road, and said dedication shall be
in accordance with the requirements of the Lake County Division of Transportation.
15. Exhibits. The following EXHIBITS, some of which were presented in testimony given
by the Developer 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 August 11, 1994
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan dated as last revised June 28, 1994 by
Otis Associates, Inc.
EXHIBIT E Preliminary Engineering Plan as last revised June 30,
1994 by Pearson, Brown and Associates Inc.
5
16. Annexation Fee. Developer agrees to pay an annexation fee of $700.00 per
dwelling unit which fee shall be payable prorata at issuance of building permits. This fee,
however, shall be paid in full prior to the expiration of this Agreement.
17. Building, Landsca in and Aesthetics Plans. Developer 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.
18. Proiect„models. The Village agrees to permit the Developer to construct and
maintain one (1) area for model homes on the Property, consisting of a maximum of three (3)
buildings with suitable off-street parking areas, all subject to approval by the Appearance
Commission. Such construction shall be in compliance with the Village's Building Code in
effect at the time of building permit issuance. The use of the model homes for marketing
homes on the Property shall be discontinued when development of the Property as proposed
herein has been completed.
19. Park District Donations. Developer agrees to comply with the provisions of Title 19 of
the Buffalo Grove Municipal Code as amended from time to time regarding park donations.
Developer agrees to convey the park site (1.41 acres) depicted on EXHIBIT D in fee to the Village
at the request of the Village. Said conveyance shall be to the Village for conveyance to the
Buffalo Grove Park District, except for any area needed as right-of-way for streets adjacent to said
park site. It is understood and agreed that conveyance of said park site is intended to satisfy the
active park land dedication requirement for the Property (Prairie Grove Phase 2) and the Prairie
Grove Phase 1 property annexed by Ordinance 94-19. If additional park donations are required
pursuant to Title 19, Developer agrees to make cash contributions to the Village for conveyance
to the Buffalo Grove Park District.
20. School District Donations. Developer agrees to comply with the provisions of Title 19
of the Buffalo Grove Municipal Code as amended from time to time regarding school donations.
Developer agrees to make cash contributions to the Village for conveyance to School Districts
No. 102 and 125 according to the criteria of said Title.
21. Conditions Concernina Park and School Donations. It is understood and agreed that
rooms in the residential units labeled as dens, lofts, or studies on the 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.
6
22. Annexation to the Buffalo Grove Park District. The Owners and Developer agree, at
the request of the Buffalo Grove Park District, to annex any part or all of the Property to said Park
District.
23. 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
Owners and Developer do hereby evidence their intention to fully comply with all Village
requirements, their willingness to discuss any matters of mutual interest that may arise, and their
willingness to assist the Village to the fullest extent possible. The Village does hereby evidence
its intent to always 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.
24. 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 provisions shall be deemed to be excised herefrom and the invalidity thereof
shall not affect any of the provisions contained herein.
25. Term of Agreement. 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.
26. Binding Effect of Agreement. This Agreement shall be binding upon the Property, the
parties hereto and their respective successors and assigns.
27. 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.
28. 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 Developer: Jeffrey L. Samuels
Samuels and Associates, Inc.
2141 Mallard Drive
Northbrook, IL 60062
Copy to: Edward Yalowitz, Esq.
Holleb and Coff
55 E. Monroe Street, Suite 4100
Chicago, IL 60603
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
7
Copy to: William G. Raysa, Esq.
Raysa & Skelton
1140 Lake Street
Suite 400
Oak Park, IL 60301
29. Default.
A. In the event Owners or Developer default in their performance of their obligations
set forth in this Agreement, then the Village, may, upon notice to Owners or Developer allow
Owners or Developer sixty (60) days to cure default or provide evidence to the Village that such
default will be cured in a timely manner if it cannot be cured during said period. If Owners or
Developer fail to cure such default or provide such evidence as provided above, then, with notice
to Owners or Developer, the Village may begin proceedings to disconnect from the Village any
portion of the Property upon which development has not been completed or at the option of the
Village, to rezone such Property or portion thereof to the R-E District classification. In such
event, this Agreement shall be considered to be the petition of the Owners or Developer to
disconnect such portion of the Property, or at the option of the Village to rezone such Property
or such portion thereof to the R-E District classification.
B. In addition to sub-paragraph A. hereof, it is recognized by the parties hereto that
there are obligations and commitments set forth herein which are to be performed and provided
for by the Developer not by the Owners. The Village agrees that the Owners as such are
exculpated from any personal liability or obligation to perform the commitments and obligations
set forth herein and that the Village will look solely to the Developer for such performance,
except that to the extent that the Owners or successor thereto shall become a developer or shall
designate or contract with a developer other than Samuels and Associates, Inc. In that case,
the Owners or the new designee shall be subject to the liabilities, commitments and obligations
of this Agreement. In the event the Developer defaults in his obligations created under this
Agreement, the Village may enforce such obligations against the Property Owners.
C. The parties further agree that they may, in law or in equity, by suit, action,
mandamus, or any other proceeding, including, without limitation, specific performance, enforce
or compel the performance of this Agreement; provided, however, that Developer and Owners
agree that they will not seek and do not have the right to seek to recover a judgment for
monetary damages against the Village or any elected or appointed officials, agents,
representatives, attorneys, or employees thereof on account of the negotiation, execution, or
breach of any of the terms and conditions of this Agreement.
30. Litigation.
A. The Developer and Owners, at their cost, shall be responsible for any litigation
which may arise relating to the annexation, zoning and development of the Property except for
any litigation arising out of any default by the Village under this Agreement. Owners and
Developer shall cooperate with the Village in said litigation but Developer's counsel will have
principal responsibility for such litigation.
8
B. The Owners and Developer shall reimburse the Village for reasonable attorney's
fees, expenses and costs incurred by the Village resulting from litigation relating to the
annexation, zoning and development of the Property as set forth in Paragraph 30.A. above or
in the enforcement of any of the terms of this Annexation Agreement upon a default by the
Owners and Developer.
C. Owners and Developer hereby indemnify and hold the Village harmless from any
actions or causes of action which may arise as a result of development activities for which the
Owners or Developer are responsible.
31. Special Conditions.
A. The following variation to the Village's Development Ordinance is hereby
granted pursuant to EXHIBITS D and E, and subject to approval of a final engineering plan:
Section 16.30.050.A.5. - to allow a half-street with a right-of-way of 35 feet instead
of 40 feet, and a pavement width of 17 feet instead of 22 feet for a local street.
B. All water wells and septic sewer facilities on the Property shall be properly
sealed or pumped and filled as required by the Illinois Department of Public Health and as
approved by the Village Health Officer.
C. All buildings, structures, vehicles, junk and debris on the Property prior to the
date of this Agreement shall be removed prior to initial grading for the development. If the
Village so directs, the Developer shall allow the Village to use said buildings and structures for
fire training purposes. Developer shall be responsible for removing the remains of said buildings
and structures from the Property. The Village shall provide an appropriate hold harmless
indemnity agreement to the Owners and Developer.
D. The stormwater detention area, as depicted on EXHIBITS D and E, shall be
conveyed in fee to the Village at the request of the Village when required improvements are
satisfactorily completed, as determined by the Village Engineer.
E. The removal or relocation of any trees or other plant material on the Property
is subject to approval by the Village. Prior to any grading or site preparation work on the
Property, Developer shall obtain approval of a tree preservation plan by the Village.
F. Developer shall ensure that construction vehicles and equipment and personal
vehicles of construction workers are not parked on residential streets adjacent to the Property
or the District 102 Middle School site.
G. Developer shall construct the collector street pursuant to EXHIBIT E in
accordance with Village standards. Lots 1, 30 and 31 as depicted on EXHIBITS D and E shall
not have driveway access to said collector street.
H. The Developer shall provide street access to Prairie Road for the Property by
constructing the half street as depicted on EXHIBITS D and E attached hereto. It is understood
and agreed that said access to Prairie Road will serve the Property (Prairie Grove Phase 2) and
the adjoining property known as Prairie Grove Phase 1, annexed by Ordinance 94-19.
Developer shall be permitted to provide a temporary access to Prairie Road as approved by the
9
Village for Prairie Grove Phase 1, and to obtain not more than 15 certificates of occupancy for
Phase 1 while said temporary access is in use. Developer shall complete construction of the
half street to Prairie Road and the easternmost street on the Property as depicted on EXHIBITS
D and E no later than June 1, 1995. The Village shall regulate said half street as deemed
necessary to ensure safe and efficient use.
IN WITNESS WHEREOF, the Corporate Authorities and Owner and Developer 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.
V4aj7 LO VE
t
ATTEST:
Villatd Clerk
OWNER:
By
etsoitally bpi
Trustee,h p OWNER -American National Bank and Trust
the undetsDg+edand authority contetred opon
This instrument is n theteXerrcise of the P Ahl Company of Chicago as Trustee under Trust
solely as Trustee in It is expressly understood and agreed
agreetrnert� No. 118212-04
Trustee. covenants, undertaking in its caP�
Vested in it as such re resentaticns, it solely
N° personai liability or personal responsibiiiba
warranties,indemnities, P ble'against nsibil�
on the Part of the Trustee are undertatcen
herein made ersonaN.
as Trustee and sF+alP at any time be assertod or anf°rCecovenant,underiaW the °�
assumed by warranty, indemnity. representation,
on account of any By c�-r1
agreement of the Trustee in this instrument.
DEVELOPER, Samuels and Associates, Inc.
B7U
10
EXHIBIT A
PRAIRIE GROVE SUBDIVISION, PHASE 2
ANNEXATION AGREEMENT
........... LEGAL DESCRIPTION
PARCEL ONE
THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP
43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN. DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER
OF SECTION 21, AFORESAID, 875.19 FEET SOUTH OF THE NORTHEAST CORNER THEREOF;
THENCE WESTERLY, 1323.78 FEET, MORE OR LESS. TO A POINT ON THE WEST LINE OF THE
EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 21, AFORESAID, 870.69 FEET SOUTH
OF THE NORTHWEST CORNER THEREOF. THENCE SOUTH ALONG THE WEST LINE OF THE EAST
HALF OF THE SOUTHWEST QUARTER OF SECTION 21, AFORESAID. 230.28 FEET; THENCE
EASTERLY 1323.33 FEET, MORE OR LESS. TO A POINT ON THE EAST LINE OF THE EAST HALF
OF THE SOUTHWEST QUARTER OF SECTION 21. AFORESAID. 231.78 FEET SOUTH OF THE
POINT OF BEGINNING AND THENCE NORTH ALONG THE EAST LINE OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF SECTION 21. AFORESAID. 231.78 FEET TO THE POINT OF
BEGINNING. IN LAKE COUNTY. ILLINOIS.
PARCEL TWO
THE NORTH 105.0 FEET OF THE EAST 300.0 FEET OF THAT PART OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF SECTION 21. TOWNSHIP 43 NORTH. RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS. BEGINNING AT A POINT ON THE EAST
LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 21. AFORESAID,
1106.97 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE WESTERLY 1323.33
FEET, MORE OR LESS. TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF SECTION 21, AFORESAID. 1100.97 FEET SOUTH OF THE
NORTHWEST CORNER THEREOF; THENCE SOUTH ALONG THE WEST LINE OF THE EAST HALF
OF THE SOUTHWEST QUARTER OF SECTION 21. AFORESAID. 230.28 FEET, MORE OR LESS
TO THE NORTHWEST CORNER OF THE SOUTH 660.0 FEET OF THE NORTH 3/4 OF THE EAST
HALF OF THE SOUTHWEST QUARTER OF SECTION 21. AFORESAID; THENCE EAST ALONG THE
NORTH LINE OF THE SOUTH 660.0 FEET OF THE NORTH 3/4 OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF SECTION 21, AFORESAID. 1322.88 FEET, MORE OR LESS, TO THE
NORTHEAST CORNER THEREOF AND THENCE NORTH ALONG THE EAST LINE OF THE EAST
HALF OF THE SOUTHWEST QUARTER OF SECTION 21. AFORESAID. 231.78 FEET. MORE OR
LESS. TO THE POINT OF BEGINNING.. IN LAKE COUNTY. ILLINOIS.
PARCEL THREE
LOT 1 AND 2 IN MACKEYS SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF
OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 43 NORTH. RANGE 11 EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER
21. 1957 AS DOCUMENT NO. 96923Z IN BOOK 1579 OF PLATS. PAGE 319. IN LAKE COUNTY.
ILLINOIS.
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 14. 459-acre
tract on the west side of Prairie Road south of - Prairie Grove°--________
Phase 1 subdivision.
VILLAGE OF BUFFALO GROVE
ORDINANCE NO.
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF UFFALO GROV
THIS DAY OF 19-,Y
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook & Lake Counties, Illinois,
this day of 19 .
Village Cle k
By
61
Deputy Village Clerk