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1999-076 - APPROVING AN ANNEXATION AGREEMENT FOR RIVER OAKS SUBDIVISION - 09/13/1999 V 9/9/99 ORDINANCE NO. 99- 76 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR RIVER OAKS SUBDIVISION ZALE COMPANIES Sislow and Krueger properties, Prairie Road adjacent to Indian Creek 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. 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. 2 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: 5 - Marienthal, Reid, Braiman, Glover, Berman NAYES: 0 - None ABSENT: 1 - Hendricks PASSED: September 13, 1999 APPROVED: September 13, 1999 00 ATTEST: APPROVED: � zop Village Clerk ELLIOTT HARTSTEIN, Village President 9/9/99 ANNEXATION AGREEMENT RIVER OAKS SUBDIVISION ZALE COMPANIES TABLE OF CONTENTS page 1 . Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2. Agreement: Compliance and Validity. . . . . . . . . . . . . . . . . . . 3 3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . 4 4. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . 4 5. Approval of Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . 5 7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . 7 11 . Drainage Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 12. Payment of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . 8 13. Security for Public and Private Site Improvements. . . . . . . . . . 8 14. Right of Way Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 15. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 16. Annexation Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 17. Building, Landscaping and Aesthetics Plans. . . . . . . . . . . . . . 10 18. Project Models. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 19. Park District Donations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 20. School District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . 11 21 . Conditions Concerning Parks and School Donations. . . . . . . . 12 22. Annexation to the Buffalo Grove Park District. . . . . . . . . . . . 12 23. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . 12 24. Enforceability of the Agreement. . . . . . . . . . . . . . . . . . . . . . 12 25. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 26. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . 13 27. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 28. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 29. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 30. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 31 . Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 o a 9/9/99 RIVER OAKS SUBDIVISION ZALE COMPANIES Sislow and Krueger properties, Prairie Road adjacent to Indian Creek ANNEXATION AGREEMENT. This agreement (hereinafter referred to as the "Agreement") made and entered into this 13th day of September, 1999, 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 Ronald W. Krueger as Trustee of the William Krueger Trust dated April 3, 1998 and Emil Sislow (hereinafter referred to as "Owners") and the Zale Companies (hereinafter referred to as "Developer"). 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, Emil Sislow is the owner of a certain tract of property comprising approximately 4.6173 acres legally described and identified as Parcel 2 (Sislow property) in the Legal Description, attached hereto as EXHIBIT A and made a part hereof, and which real estate is contiguous to the corporate limits of the Village; and, 1 WHEREAS, Ronald W. Krueger as Trustee of the William Krueger Trust dated April 3, 1998 is the owner of a certain tract of property comprising approximately 15.4357 acres legally described and identified as Parcel 1 (Krueger property) in the Legal Description, attached hereto as EXHIBIT A and made a part hereof; and, WHEREAS, said Parcel 1 and said Parcel 2 as identified in EXHIBIT A are together hereinafter referred to as the "Property;" 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 21 .168 acres to be annexed; and, WHEREAS, Developer desires and proposes pursuant to the provisions and regulations applicable to the R-3 One-family Dwelling District of the Village Zoning Ordinance to develop the Property in accordance with and pursuant to a certain Preliminary Plan prepared by Gewalt Hamilton Associates, Inc. and dated as last revised August 31 , 1999, and also a certain Preliminary Engineering Plan prepared by Gewalt Hamilton Associates, Inc. and dated as last revised July 29, 1999, (hereinafter jointly referred to as "Preliminary Plan") a copy of which Preliminary Plan is attached hereto as EXHIBITS D, E, and E-1 and incorporated herein, and subject to all other exhibits attached hereto or incorporated by reference herein. Said development of the Property shall consist of 28 single-family lots. WHEREAS, pursuant to the provisions of Section 5/1 1-15.1-1 et. seq., of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1996) and as the same may have been modified by the Village's Home Rule Powers, a proposed Annexation 2 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 of the R-3 District and variations of the Village Development Ordinance; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the annexation of the Property to the Village and its zoning and development on the terms and conditions herein set forth would further enable the Village to control the development of the area and would serve the best interests of the Village. NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements herein set forth, the parties hereto agree as follows: 1 . Applicable Law. This Agreement is made pursuant to and in accordance with the provisions of Section 5/1 1-15.1-1 et. seq., of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1996) 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 a proper petition pursuant to and in accordance with the provisions of Section 5/7-1-8 of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1996) and as the same may have been modified by the Village's Home Rule powers, conditioned on the execution of this Agreement and the 3 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 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 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, E and E-1) and other exhibits attached hereto or incorporated by reference herein. 5. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plan (EXHIBITS D, E and E-1 ) 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 Owner or Developer provided 4 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. Developer, in the development of the Property, shall comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as amended from time to time. Notwithstanding the foregoing, the Village shall not apply new ordinances or regulations to the Property to the extent that the ordinances or regulations will prevent development of the Preliminary Plan approved herein. 7. Amendment of Plan. If the Developer desires 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 5 Corporate Authorities may, in 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 and developers of properties 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 6 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 Department of Public Works for the collection of sewage and to the Lake County Division of Transportation as may be appropriate. The Developer shall construct on-site and off-site sanitary sewers as may be necessary to service the Property, in accordance with EXHIBIT E. 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 7 the extent possible. B. The Developer shall also construct any storm sewers which may be necessary to service the Property, in accordance with EXHIBIT E. 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 the storm sewer system serving public streets and the public stormwater management system. 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. Any amount of recapture required to be paid by this Property shall be due and payable to the Village upon final platting of the first plat of subdivision of any portion of the Property. Recapture for sanitary sewer shall include all downstream sewers to which the Property is tributary, notwithstanding the fact that the Property may not be specifically noted in the benefit area in the recapture ordinances of record. 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 8 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. Right of Way Dedication. The Owner and Developer acknowledge that it is the intention of the Village and other involved agencies that at some time in the future Prairie Road will be widened. At the request of the Village, but no later than upon approval of the first plat of subdivision of any portion of the Property, Owner and Developer agree to dedicate additional right-of-way along Prairie Road to provide a width of 60 feet from centerline adjacent to the Property pursuant to EXHIBITS D and E attached hereto. 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 as last revised August 30, 1999 9 by Edward A. Hedge, SDI Consultants, Ltd. EXHIBIT C Development Improvement Agreement EXHIBIT D Preliminary Plan (Preliminary Plat of Subdivision, Sheet 1 of 3) dated as last revised August 31 , 1999 by Gewalt Hamilton Associates, Inc. EXHIBIT E Preliminary Engineering Plan (Preliminary Engineering - Utilities, Sheet 2 of 3) dated as last revised July 29, 1999 by Gewalt Hamilton Associates, Inc. EXHIBIT E-1 Preliminary Engineering Plan (Grading/Tree Preservation, Sheet 3 of 3) dated as last revised July 29, 1999 by Gewalt Hamilton Associates, Inc. 16. Annexation Fee. Developer agrees to pay an annexation fee of $700.00 per residential unit, which fee shall be payable pro rata at issuance of building permits. This fee, however, shall be paid in full prior to the expiration of this Agreement. 17. Building, Landscaping 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 Village prior to construction of buildings. A final tree preservation plan shall be submitted to the Village Engineer and Village Forester prior to any grading or other site work on the Property. Said plan shall set forth the methods and procedures that will be used to ensure that trees on the 10 Property are preserved as depicted on EXHIBIT E-1 attached hereto and as identified in The Tree Inventory and Report dated December 22, 1998 by Urban Forest Management, Inc. Portions of the Property where development is not completed shall be maintained in a neat and orderly condition as determined by the Village Manager. 18. Project Models. The Village agrees to permit the Developer to construct and maintain one model area on the Property, consisting of a maximum of four buildings, together with suitable off-street parking areas, all subject to approval by the Village. Such construction shall be in compliance with the provisions of the Village's Building Code in effect at the time of building permit issuance. The Developer may use said models only for marketing the Property. Such use shall be discontinued when development of the Property as approved 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 make cash contributions to the Village for conveyance to the Buffalo Grove Park District to fulfill the obligation of the Property concerning park donations. 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 District(s) 103 and 125 according to the criteria of said Title. 11 21 . Conditions Concerning Parks and School Donations. It is understood and agreed that rooms in the residential units labeled as dens, lofts, studies or libraries on the floor plans will be counted as bedrooms for the purposes of calculating park and school donations, if, in the judgement of the Village, said rooms can be used as bedrooms. It is understood and agreed that the per acre land value used to compute said cash contributions may be increased from time to time, and cash contributions made at the time of building permit issuance shall be based on the land value in effect at the time of permit issuance. 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 subject 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 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 12 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 is binding on all parties and the Property for a term of twenty (20) years from the date of this Agreement. This Agreement shall not be assigned without prior written consent of the Village. 26. Binding Effect of Agreement. This Agreement is binding upon the Property, the parties hereto and their respective grantees, 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: Leon Joffe Zale Companies 100 Lexington Drive Buffalo Grove, IL 60089 Copy to: Marc K. Schwartz Marc K. Schwartz and Associates 314 N. McHenry Road Buffalo Grove, IL 60089 13 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Raysa & Skelton, P.C. 1 140 Lake Street, Suite 400 Oak Park, IL 60301 29. Default. A. In the event Owners or Developer defaults in 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 fails 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 to the Residential Estate District. 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 to the Residential Estate District 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 by the Developer not by the Owners. The Village agrees that the Owners as such is exculpated from any personal liability or obligation to perform the commitments and obligations set forth herein and that the Village will look 14 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 the Zale Companies. 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 its obligations created under this Agreement, the Village may enforce such obligations against the Property Owners. 30. Litigation. A. The Owners and Developer, at their cost, shall be responsible for any litigation which may arise relating to the annexation, zoning and development of the Property. Owners and Developer shall cooperate with the Village in said litigation but Owner/Developer's counsel will have principal responsibility for such litigation. B. The Owners and Developer 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 Owners or 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 is responsible. 31 . Special Conditions. A. The following variations to the Village Development Ordinance are hereby granted pursuant to the Preliminary Plan (EXHIBITS D, E and E-1): 15 Section 16.30.030.F. - To allow sidewalks to be placed in locations 1 to 10.5 feet from front property lines rather than 1 foot from property lines; Section 16.30.050.A.4. - To allow a cul-de-sac length of not more than 1,000 feet, instead of 500 feet; Section 16.50.030.D.17.b.(ii) - To allow modified maintenance access to Indian Creek and the stormwater facility; Section 16.50.040.C.4. - To allow a stormwater pond maximum depth of 6 feet below normal water level instead of 15 feet; and to allow a 5:1 side slope and reinforced mat shoreline protection instead of a 2:1 side slope for areas in the stormwater facility. B. Developer shall install a street light at each entrance to the development at Prairie Road, and shall pay $36,000.00 to the Village for eight (8) street lights to be installed as part of the future Buffalo Grove Road/Prairie Road improvement. C. Developer shall pay $1 1 ,250.00 to the Village for twenty-five (25) parkway trees as part of the future Buffalo Grove Road/Prairie Road improvement. D. Any portions of the development not involved in construction activity shall be kept in a neat and orderly condition, including elimination of weeds, litter and debris. Developer shall construct any and all sidewalks at the direction of the Village. 16 E. 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. Any underground tanks shall be removed as permitted and approved by the Illinois State Fire Marshal. F. All buildings, structures, vehicles and other materials on the Property shall be removed prior to any development of the Property. If, in the period prior to development, the Village determines that structures or other objects need to be removed from the Property to prevent health or nuisance problems, Owner and Developer shall comply pursuant to a schedule and direction from the Village. G. It is understood and agreed that the Village shall accept ownership of the parcels identified as Outlot A and Outlot B on EXHIBIT B. Said Outlots shall be conveyed in fee at the request of the Village, and said request shall be made when required improvements have been completed as approved by the Village Engineer. H. No residential lots in the development shall have driveway access to Prairie Road. I. It is understood and agreed that the Village of Buffalo Grove levies a real estate transfer tax on all conveyances of real property in the Village. The Property shall be considered to be in the Village upon passage of the annexation ordinance by Corporate Authorities. 17 J. It is understood and agreed that upon annexation the Village will issue new street address(es) for building(s) on the Property to ensure proper identification for provision of services, and Owners shall use said Village address(es) in place of current address(es) assigned by Lake County. Owners are also required to contact the Buffalo Grove Post Office and submit a change of address(es) requesting use of the address(es) as assigned by the Village. IN WITNESS WHEREOF, the Corporate Authorities, 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. VILLAGE OF BUFFALO GROVE By ELLIOTT HARTSTEIN, Village President ATTEST: By 2 -"0, 'VILLAGE CLERK OWNER: WILL KRUEGER TRUS ATED APRIL 3, 199:1 By � RONALD W. KRUEGER, stegooe OWNER: EPIIT SISLOW 18 LEE7R: ZALE COMPANIES ent ATTEST: By Its Secre a Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 This document was prepared by: Robert E. Pfeil, Village Planner, Village of Buffalo Grove, 50 Raupp Boulevard, Buffalo Grove, IL 60089 19 EXHIBIT A Legal Description RIVER OAKS SUBDIVISION ZALE COMPANIES Sislow and Krueger properties, Prairie Road adjacent to Indian Creek PARCEL 1: (Krueger property) THAT PART OF LOT 12 IN SCHOOL TRUSTEES' SUBDIVISION,BEING A SUBDIVISION OF SECTION 16,TOWNSHIP 43 NORTH,RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT#151825 IN BOOK 200 OF DEEDS, PAGE 10, DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTH LINE OF LOT 4 IN SAID SCHOOL TRUSTEES' SUBDIVISION, SAID POINT BEING 661.75 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT 4; THENCE SOUTH 89 DEGREES 49 MINUTES 49 SECONDS EAST ALONG THE NORTH LINE OF LOTS 11 AND 12 IN SAID SCHOOL TRUSTEES' SUBDIVISION 13.09 FEET, MORE OR LESS,TO THE CENTERLINE OF INDIAN CREEK;THENCE ALONG A LINE FOLLOWING THE NEXT TWELVE(12) COURSES AND DISTANCES COINCIDENT WITH THE CENTERLINE OF INDIAN CREEK 1) THENCE SOUTH 38 DEGREES 18 MINUTES 44 SECONDS EAST 19.46 FEET; 2)THENCE SOUTH 69 DEGREES 27 MINUTES 35 SECONDS EAST 65.47 FEET; 3)THENCE SOUTH 43 DEGREES 12 MINUTES 08 SECONDS EAST 35.60 FEET; 4)THENCE SOUTH 18 DEGREES 50 MINUTES 04 SECONDS EAST 32.87 FEET; 5) THENCE SOUTH 03 DEGREES 29 MINUTES 32 SECONDS WEST 28.96 FEET; 6)THENCE SOUTH 37 DEGREES 03 MINUTES 58 SECONDS EAST 115.91 FEET; 7)THENCE SOUTH 46 DEGREES 48 MINUTES 57 SECONDS EAST 116.19 FEET; 8)THENCE SOUTH 26 DEGREES 06 MINUTES 47 SECONDS EAST 91.51 FEET; 9) THENCE SOUTH 55 DEGREES 35 MINUTES 12 SECONDS EAST 53.75 FEET; 10)THENCE SOUTH 27 DEGREES 07 MINUTES 43 SECONDS EAST 131.56 FEET; 11)THENCE SOUTH 39 DEGREES 43 MINUTES 53 SECONDS EAST 85.89 FEET; 12)THENCE SOUTH 33 DEGREES 32 MINUTES 22 SECONDS EAST 87.32 FEET TO A POINT IN THE SOUTH LINE OF SAID LOT 12 BEING 140.07 FEET MORE OR LESS,WEST OF THE SOUTHEAST CORNER OF SAID LOT 12; THENCE NORTH 89 DEGREES 58 MINUTES 12 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 12 AND 11 FOR 1187.42 FEET TO THE SOUTHWEST CORNER OF SAID LOT 11; THENCE NORTH 00 DEGREES 00 MINUTES 39 SECONDS EAST ALONG THE WEST LINE OF SAID LOT 11 FOR 558.89 FEET TO A POINT BEING 107.17 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 11;THENCE ALONG A LINE FOLLOWING THE NEXT NINE(9) COURSES AND DISTANCES COINCIDENT WITH THE CENTERLINE OF INDIAN CREEK SAID LINE BEING ALSO THE SOUTH LINE OF RIVER GROVE SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31, 1994 AS DOCUMENT 3518034; 1)THENCE NORTH 40 DEGREES 24 MINUTES 54 SECONDS EAST 77.15 FEET; 2) THENCE NORTH 33 DEGREES 08 MINUTES 50 SECONDS EAST 128.02 FEET; 3) THENCE NORTH 54 DEGREES 02 MINUTES 1 I SECONDS EAST 46.53 FEET;4)THENCE NORTH 77 DEGREES 07 MINUTES 42 SECONDS EAST 46.51 FEET; 5)THENCE NORTH 88 DEGREES 50 MINUTES 53 SECONDS EAST 73.01 FEET; 6) THENCE NORTH 78 DEGREES 08 MINUTES 17 SECONDS EAST 205.90 FEET; 7)THENCE NORTH 88 DEGREES 20 MINUTES 08 SECONDS EAST 78.86 FEET; 8)THENCE SOUTH 84 DEGREES 33 MINUTES 51 SECONDS EAST 42.02 FEET; 9)THENCE SOUTH 74 DEGREES 02 MINUTES 28 SECONDS EAST 66.51 FEET TO THE SOUTHEAST CORNER OF LOT 8 IN SAID 2 RIVER GROVE SUBDIVISION; THENCE SOUTH 00 DEGREES 10 MINUTES 11 SECONDS WEST 124.0 FEET(DEED) 122.22 FEET(RECORD AND MEASURE)TO THE PLACE OF BEGINNING AND ALL THAT PART OF PRAIRIE ROAD LYING WEST OF,AS MEASURED REGULAR THERETO, OF THE WEST LINE OF THE AFORESAID PARCEL,IN LAKE COUNTY, ILLINOIS. PARCEL 2: (Sislow property) THAT PART OF LOTS 10 AND 19 IN SCHOOL TRUSTEE'S SUBDIVISION OF SECTION 16, TOWNSHIP 43 NORTH,RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS BEGINNING ON THE EAST LINE OF SAID LOT 10 AT A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16, 865.5 FEET SOUTH FROM THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH ALONG THE EAST LINE OF SAID LOTS 10 AND 19, 666 FEET; THENCE WEST AT RIGHT ANGLES TO SAID EAST LINE OF THE NORTHWEST QUARTER OF SECTION 16, 332 FEET; THENCE NORTH PARALLEL TO SAID EAST LINE 666 FEET; THENCE EAST 332 FEET TO THE PLACE OF BEGINNING, AND ALL THAT PART OF PRAIRIE ROAD LYING EAST OF,AS MEASURED REGULAR THERETO, OF THE EAST LINE OF THE AFORESAID PARCEL, IN LAKE COUNTY, ILLINOIS.