2003-011 2/3/2003
ORDINANCE NO. 2003 - 11
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR
RESTAURANT PARCEL
RIVERWALK NORTH
9311VIILWAUKEE AVENUE
WHEREAS,the Village of Buffalo Grove is a Home Rule Unit by virtue of the
Illinois Constitution of 1970; and,
WHEREAS,there has heretofore been submitted to the Corporate Authorities of the Village
of Buffalo Grove a petition to annex the property legally described in Exhibit A hereto; and,
WHEREAS,there has been submitted to the Corporate Authorities of the Village of Buffalo
Grove an Annexation Agreement; and,
WHEREAS,proper and due notice of the public hearing on said Annexation Agreement and
zoning have been given and the public hearing was held; and,
WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to
approve said Annexation Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS:
Section 1. The Annexation Agreement,a copy of which is attached hereto and made a part
hereof as Exhibit A is approved.
Section 2. The President and Clerk of the Village are hereby authorized to execute said
Agreement on behalf of the Village of Buffalo Grove.
Section 3. This Ordinance shall be in full force and effect from and after its passage and
approval. This Ordinance shall not be codified.
2
AYES: 6—Braiman, Glover,Berman,Johnson,Kahn,Trilling_
NAYES: 0— None
ABSENT: 0—None
PASSED: February 3, 2003 APPROVED: February 3, 2003
ATTEST: APPROVED:
Vifl ge Clerk ELLIOTT HARTSTEIN,Village President
This document was prepared by: Robert E. Pfeil,Village Planner,
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove,IL 60089
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
EXHIBIT A
Legal Description
Riverwalk North
Restaurant parcel
(Former Hans Restaurant site)
931 Milwaukee Avenue
Parcel 1: Lots 6, 7, 8, 9, 10, 11 and the southerly 15 feet of Lot 5 in Block 2; Lots 1 and
30 in Block 3; and that part of the north and south alley in Block 3 that lies south of the
south line of east Chevy Chase Drive and north of the south line of Lot 1 in Block 3
extended easterly as vacated by instrument recorded October 15, 1979 as Document
2027833, all in Unit No. 2 of Columbian Gardens, being a subdivision in Section 35,
Township 43 North, Range 11 East, of the Third Principal Meridian, according to the plat
thereof recorded July 10, 1926 as Document 282352, in Book "P" of plats, page 92, in
Lake County, Illinois; and,
Parcel 2: That part of East Chevy Chase Drive (sometimes called Frontenac Place) lying
east of Milwaukee Avenue and west of a line drawn from the most easterly corner of Lot
7 in Block 2 of Columbian Gardens, Unit No. 2 aforesaid, to a point of curvature in the
most easterly line of Lot 30 in Block 3 of said Block 3 of said subdivision, said point
being 10.0 feet north of the most easterly corner of said Lot 30, and lying north of the
northerly lines of Lots 1 and 30 in said Block 3 and south of the southerly lines of Lots 6
and 7 in Block 2 of said subdivision, in Lake County, Illinois, and including any adjacent
unincorporated highway.
2/3/2003
RIVERWALK NORTH RESTAURANT PARCEL
931 Milwaukee Avenue
ANNEXATION AGREEMENT
TABLE OF CONTENTS
Page
1. Applicable Law................................................................................................2
2. Agreement: Compliance and Validity..............................................................3
3. Enactment of Anne,
xation Ordinance...............................................................3
4. Enactment of Zoning Ordinance.. ...................................................................3
5. A_Wroval of Plans. ...........................................................................................4
6. Compliance with Applicable Ordinances. .......................................................4
7. Amendment of Plan. ........................................................................................5
8. Buildin-, Permit Fees .......................................................................................5
9. Water Provision .... .......................................................................................6
10. Storm and Sanitary Sewer Provisions..............................................................6
11. Drainaag�j Provision.............................
... ..............................................................
ts.........................................8
ecurily,for Public and Private Site I m� rovemen
12. S_
13. Right of Way Dedication.................................................................................8
14. Exhibits............................................................................................................9
15. Building Landscaping and Aesthetics Plans................................................. 10
16. Facilitation of Develoment .......................................................................... 10
17. Enforceability of the Agreement.................................................................... to
18. Term of Agreement........................................................................................ 10
19. Binding Effect of Agreement..............................................
20. Corporate Capacities...................................................................................... 11
21. Notices. .......................................................................................................... II
22. Default............................................................................................................ 12
23. Litigation........................................................................................................ 12
24. Special Conditions......................................................................................... 13
. `
��
1
. ; �
LOCATION MAP I►
2W 0 +W N
Riverwalk — North ,ao R
Annexed To Buffalo Grove T
H
1711 1716—
1720 /
' 1726`' /
1701
,,
/ 1000 /
�'925,X �
el
9�
/ ,Jg51713
00 , �l �14 110�
31 1
" 9 901W�6116� �12j
2100
39 ��/ �1 27? 7�231917I�5I1311 ` y /
82 J f: '
1
43,
25.� �� 2'� 18� }14�, `10 8 6 2150 /
12
800 ;24120 / t r
y
AVE. '
LINDEN °
LAKE C()OK .RI, m
ed by the Village of Buffalo Grave -- Division of Planning Services, 2 21 03
2/3/2003A
RIVERWALK NORTH RESTAURANT PARCEL
931 Milwaukee Avenue
ANNEXATION AGREEMENT
This agreement(hereinafter referred to as the "Agreement") made and entered into this
P day of February, 2003 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 Catherine M. Johnson,
Catherine J. Richter and William R. Johnson(hereinafter collectively 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 1.888 acres legally described and identified in the Legal Description,
attached hereto as EXHIBIT A and made a part hereof, and which real estate is contiguous to the
corporate limits of the Village; and,
WHEREAS, a Plat of Annexation, including certain street right-of-way adjacent to the
Property, is attached hereto as EXHIBIT B,which depicts a total area of 2.43 acres to be annexed;
and,
WHEREAS, Owner desires and proposes pursuant to the provisions and regulations
applicable to the B-3 Planned Business Center District of the Village Zoning Ordinance to develop
the Property pursuant to the Site Plan dated January 10, 2003 (corrected February 11,2003)attached
hereto as EXHIBIT E, and the Preliminary Engineering Plan dated January 13, 2003 (corrected
2
March 7,2003) attached hereto as EXHIBIT G, and subject to all other exhibits attached hereto or
incorporated by reference herein. Said development of the Property shall consist of a high-quality,
full-service restaurant oriented toward lunch and evening dinner service. It is understood and agreed
that service of liquor is contemplated for said restaurant, pursuant to applicable approvals by the
Village.The size of the restaurant shall not exceed the area of 8,600 square feet depicted on attached
EXHIBIT E.
WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et seq., of the Illinois
Municipal Code (65 ILCS 5/11-15.1-1 et seq.) 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 B-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:
I. 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 (65 ILCS 5/11-15.1-1 et
�@
Y
j
`+'.
..
_,
3
seq.)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 the provisions of Section 5n-i-8
of the Illinois Municipal Code (65 ILCS 5n-1-8) and as the same may have been modified by the
Village's Home Rule powers, conditioned on the execution of this Agreement and the compliance
with the terms and provisions contained herein,to annex the Property to the Village. It is understood
and agreed that this Agreement in its entirety, together with the aforesaid petition for annexation,
shall be null,void and of no force and effect unless the Property is validly annexed to the Village and
is validly zoned and classified in the B-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 at the Lake County Recorder's Office along with the Plat
of Annexation (attached hereto and identified 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 B-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
Site Plan and Preliminary Plan(EXHIBITS E and G) and other exhibits attached hereto or
4
incorporated by reference herein.
5. Approval of Plans. The Corporate Authorities hereby approve the conceptual Site
Plan and Preliminary Engineering Plan in regard to stormwater and drainage (EXHIBITS E and G)
pursuant to the provisions of the Development Ordinance. It is understood and agreed that a final
site plan(Preliminary Plan) shall be submitted to the Village for review and approval with building
plans and materials, including exterior building elevations,prior to application for a building permit.
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 provided that the Development Plan shall:
(a) conform to the approved Preliminary Plan(Site Plan) and Preliminary Engineering
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 Owner agrees 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. Owner, in the development of the Property, shall comply with
the standards set forth in the Village of Buffalo Grove Development Ordinance as amended from
5
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 would prevent
development of the Preliminary Plan approved herein.
7. Amendment of Plan. If the Owner desires to make changes to the Site Plan or the
final Preliminary Plan,the parties agree that such changes to 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, 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 to the Preliminary Plan.The Village
Manager is hereby authorized to approve such minor changes as he deems appropriate,provided that
no such change: (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. The Corporate
Authorities may approve an increase of not more than five percent (5%) of the total ground area
covered by buildings as a minor change.
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 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
6
hereinafter charged by the Village to owners and developers of properties within the Village.
9. Water Provision, The Owner 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
E .III SIT G 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 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 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 Owner, 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.
It is understood and agreed that tap-on fees previously paid with respect to the Property, if
any, shall not be charged if and to the extent that water service connections (now disconnected and
capped) are utilized at the same locations to serve the new development contemplated by this
Agreement.
10. Storm and Sanitary Sewer Provisions.
A. The Corporate Authorities agree to cooperate with the Owner and to use their
7
best efforts to aid Owner in obtaining such permits from governmental agencies having jurisdiction
as may be necessary to authorize connection (in the event that said connection was not previously
obtained and in effect)from the proposed development to the Lake County Department of Public
Works system for the collection of sewage and to the Illinois Department of Transportation and Lake
County Division 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, in accordance with EXHIBIT G. 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 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.
It is understood and agreed that tap-on fees previously paid with respect to the Property, if
any, shall not be charged if and to the extent that sanitary sewer service connections (now
disconnected and capped) are utilized at the same locations to serve the new development
contemplated by this Agreement.
B. The Owner shall also construct any storm sewers that may be necessary to
service the Property, in accordance with EXHIBIT G. 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
e
:a
,�
.,
�� w
... ��;
.. }
- r
S
serves multiple properties. The Owner agrees to operate and maintain that portion of the storm sewer
system located on the subject Property and not dedicated.
11. Drainage Provisions. The Owner shall fully comply with any request of the Village
Engineer related to the placement of buildings on lots,to preserve drainage standards. The Owner
shall install any storm sewers and/or inlets that are required to eliminate standing water or conditions
of excess sogginess that may, in the opinion of the Village Engineer, be detrimental to the growth
and maintenance of lawn grasses.
12. Security for Public and Private Site Improvements., Security for public and private
site improvements shall be provided in accordance with the Development Ordinance, and the
Development Improvement Agreement(EXHIBIT C) as amended from time to time. Any letter of
credit or bond issued for such improvements shall be issued by 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 or bond, 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 or require payment of up to the full amount of the letter of credit or bond in order
to complete,and have formal acceptance of,all improvements secured by the letter of credit or bond.
The letter of credit or bond shall be reduced from time to time in the reasonable judgment of the
Village to reflect work done.
13. Right of Way Dedication. The Owner acknowledges that it is the intention of the
Village and other involved agencies that at some time in the future Milwaukee Avenue will be
widened,requiring a right-of-way of seventy-five(75)feet from the centerline in conformance with
9
the standards of the Illinois Department of Transportation(IDOT). 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
shall provide said seventy-five (75) feet from the centerline. Sixty-five (65) feet of the said 75 feet
shall be dedicated, and the remaining ten (10) feet may be provided by easement meeting IDOT
standards.
14. 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.
EXHIBIT A Legal Description
EXHIBIT B Plat of Annexation dated January 30, 2003 and last revised February
25, 2003 by R.E. Allen and Associates,Ltd.
EXHIBIT C Development Improvement Agreement
E H 131T D Overall Site Plan (Riverwalk North) dated January 10, 2003 by The
Jenkins Group
EXHIBIT E Site Plan (Riverwalk North) dated January 10, 2003 (corrected
February 11,2003) by the Jenkins Group
EXHIBIT F Site Plan—Pedestrian Paths(Riverwalk North)dated January 10,2003
by the Jenkins Group
EXHIBIT G Preliminary Engineering Plan (Riverwalk North) dated January 13,
2003 (corrected March 7,2003)by Cowhey Gudmundson Leder,Ltd.
EXHIBIT H Conceptual Landscape Plan(Riverwalk North-Plan sheet and color
sheet (11 x 17 inch) dated as last revised January 10, 2003 by The
Brickman Group, Ltd.
10
15. Building,Landscaping and Aesthetics Plans. Owner shall submit a Preliminary Plan,
building plans, including materials and exterior elevations, and final landscaping plan for approval
by the Village prior to application for a building permit. It is understood and agreed that the proposed
restaurant on the Property shall be a well-designed,high-quality building with excellent architectural
design and materials.
16. Facilitation of Development. Time is of the essence of this Agreement,and all parties
will make every reasonable effort to expedite the subject matters hereof. It is further understood and
agreed that the successful consummation of this Agreement and the development of the Property is
in the best interests of all the parties and requires their continued cooperation. The Owner does
hereby evidence his intention to fully comply with all Village requirements, their willingness to
discuss any matters of mutual interest that may arise, and their willingness to assist the Village to
the fullest extent possible. The Village does hereby evidence its intent to cooperate in the resolution
of mutual problems and its willingness to facilitate the development of the Property,as contemplated
by the provisions of this Agreement.
17. Enforceability of the Agreement. This Agreement shall be enforceable in any court
of competent jurisdiction by any of the parties or by an appropriate action at law or in equity to
secure the performance of the covenants herein described. If any provision of this Agreement is held
invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not
affect any of the other provisions contained herein.
18. 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
11
without prior written consent of the Village.
19. Binding Effect of Agreement. This Agreement is binding upon the Property,the
parties hereto and their respective grantees, successors and assigns. It is understood and agreed that
the Owner is in the process of conveying the Property to a limited liability company or other entity.
Upon written notice to the Village thereof, such entity shall be deemed substituted for the Owner
hereunder without further act or notice and be bound by all provisions hereof.
20. 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.
21. 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: William Johnson
C.J. Property Associates
7 Chevy Chase Drive
Wheeling,IL 60090
Copy to: Paul Homer, Esq.
Piper Rudnick
203 N. LaSalle Street, Suite 1800
Chicago, IL 60601-1293
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
12
Copy to: William G. Raysa, Esq.
Raysa& Zimmerman, P.C.
22 S. Washington Ave
Park Ridge, IL 60068
22. Default. In the event Owner defaults in performance of his obligations set
forth in this Agreement, then the Village may, upon notice to Owner, allow Owner sixty(60)days
to cure default or provide evidence to the Village that such default will be cured in a timely manner
if it cannot be cured during said period. If Owner fails to cure such default or provide such evidence
as provided above, then, with notice to Owner, the Village may begin proceedings to disconnect
from the Village any portion of the Property upon which obligations or development have not been
completed 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 Owner to disconnect such
portion of the Property, or at the option of the Village, to rezone such Property to the Residential
Estate District.
23. Liti atg ion.
A. The Owner,at his cost, shall be responsible for any litigation which may arise
relating to the annexation,zoning and development of the Property. Owner shall cooperate with the
Village in said litigation but Owner's counsel will have principal responsibility for such litigation.
B. The Owner shall reimburse the Village for reasonable attorneys' fees,
expenses and costs incurred by the Village resulting from litigation relating to the annexation,zoning
and development of the Property or in the enforcement of any of the terms of this Annexation
Agreement upon a default by the Owner.
13
C. Owner hereby indemnifies and holds the Village harmless from any actions
or causes of action that may arise as a result of development activities for which the Owner is
responsible.
D. Nothwithstanding anything to the contrary herein, the Owner shall have no
personal liability for any matter described in this Paragraph 23,the sole recourse of the Village to
be the Property and remedies otherwise provided herein.
24. Special Conditions.
A. Owner acknowledges that the Village's purpose and intent in annexation of
the Property is to implement the development of a high-quality, full-service
restaurant to serve the needs of the Village's residents and the general public.
Owner hereby represents, warrants and agrees that:
(i) the Property shall be developed with a high-quality, full-service
restaurant oriented toward lunch and evening dinner service,
(ii) a good faith investigation of the Property supports the marketability of
such a restaurant, and that a restaurant of the type sought is feasible,
(iii)said restaurant is the highest and best use of the Property,
(iv)the Owner will actively seek to attract such a restaurant facility, and
(v) fast-food restaurants and drive-through service facilities are prohibited.
B. It is understood and agreed that the initial access to Milwaukee Avenue for
the restaurant may be a full access driveway until the Property can be
provided access to"North Riverwalk Drive."This full access driveway shall
be eliminated when access to "North Riverwalk Drive" is available as
14
depicted on EXHIBITS E and G. It is understood and agreed that the
permanent access to Milwaukee Avenue shall be a right-in, right-out
driveway as depicted on EXHIBITS E and G. Owner shall use reasonable
commercial efforts to effect arrangements with the owner of the property at
925 Milwaukee Avenue to provide access to the driveway between the
respective properties and eliminate the current driveway to Milwaukee
Avenue serving the property at 925 Milwaukee Avenue.
C. Owner shall use reasonable commercial efforts to effect arrangements with
the owner of the Cy's Crab House restaurant, 933 Milwaukee Avenue,
concerning the sharing of parking and shared access to "North Riverwalk
Drive."Nothwithstanding Paragraphs B and C,Owner need not enter into any
agreement that in Owner's reasonable opinion would have a material and
adverse impact on the Property.
D. Owner shall pay a fire-protection impact fee of$0.75 per gross square foot
of building area constructed on the Property. Said fee shall be paid at the time
of issuance of a building permit.
E. Owner shall deposit with the Village the amount necessary to reimburse the
Village for any real estate tax payments made by the Village to the
Lincolnshire-Riverwoods Fire Protection concerning the Property pursuant
to Public Act 91-307 (70 ILCS 705/20). Said deposit, as determined by the
Village,shall be made by the Owner within sixty(60)days of the date of this
Agreement.
r,r. •_r �_� 1 j..zlyd'I r-1 1-L•1 ul PHRMERS/Bto P.39/40
15
F. It is understood and agreed that the Village of Buffalo Grove Ievies 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. Such annexation shall not be
deemed a conveyance.
G_ Owner represents and warrants that there are no mortgages, liens or other
security interest affecting title to the Property or any part thereof.
IN WITNESS WHEREOF,the Corporate Authorities and Owner have caused this instrument
to be executed by their respective proper officials duly authorized to execute the same on the day and
the year first above written.
VILLAGE OF BUFFALO GROVE
Byoe
ELLIOTT HARTSTEIN,Village President
ATTEST:
By
MI,LAGE CLERK
OWNERS:
Lae
C1 ZINE M_J SON
v
CA RINEA RICHTER
WILLIAM R.JOHNS
16
This document prepared by: Robert E. Pfeil,Village Planner
Village of Buffalo Grove, IL
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
EXHIBIT A
Legal Description
Riverwalk North
Restaurant parcel
(Former Hans Restaurant site)
931 Milwaukee Avenue
Parcel 1: Lots 6, 7, 8, 9, 10, 11 and the southerly 15 feet of Lot 5 in Block 2; Lots 1 and
30 in Block 3; and that part of the north and south alley in Block 3 that lies south of the
south line of east Chevy Chase Drive and north of the south line of Lot 1 in Block 3
extended easterly as vacated by instrument recorded October 15, 1979 as Document
2027833, all in Unit No. 2 of Columbian Gardens, being a subdivision in Section 35,
Township 43 North,Range I 1 East, of the Third Principal Meridian, according to the plat
thereof recorded July 10, 1926 as Document 282352, in Book "P" of plats, page 92, in
Lake County, Illinois; and,
Parcel 2: That part of East Chevy Chase Drive (sometimes called Frontenac Place) lying
east of Milwaukee Avenue and west of a line drawn from the most easterly corner of Lot
7 in Block 2 of Columbian Gardens, Unit No. 2 aforesaid, to a point of curvature in the
most easterly line of Lot 30 in Block 3 of said Block 3 of said subdivision, said point
being 10.0 feet north of the most easterly corner of said Lot 30, and lying north of the
northerly lines of Lots 1 and 30 in said Block 3 and south of the southerly lines of Lots 6
and 7 in Block 2 of said subdivision, in Lake County, Illinois, and including any adjacent
unincorporated highway.
PINS:
15-35-301-007
15-35-301-008
15-35-301-009
15-35-301-010
15-35-301-012
15-35-301-013
15-35-303-007
15-35-402-069
STATE OF ILLINOIS )
ss.
COUNTY OF COOK )
CERTIFICATE
I,Janet M.Sirabian,certify that I am the duly elected
and acting Village Clerk of the Village of Buffalo
Grove, Cook and Lake Counties,Illinois.
I further certify that on February 3, 2003, the
Corporate Authorities of the Village passed and
approved Ordinance No. 2003-11, entitled: AN
ORDINANCE APPROVING AN ANNEXATION AGREEMENT
FOR THE RIVERWALK NORTH RESTAURANT PARCEL, 931
MILWAUKEE AVENUE which provided by its terms that
it should be published in pamphlet form.
The pamphlet form of Ordinance No. 2003aV/
including the Ordinance and a sheet thereof, was
prepared, and a copy of such Ordinance was posted
in and at the Village Hall, commencing February 4,
2003, and continuing for at least ten days thereafter.
Copies of such Ordinance were also available for
public inspection upon request in the Office of
Village Clerk.
Dated at Buffalo Grove, Illinois, this 4th day of
Februaryy,2003.
Vil e Clerk y
By