1993-051 6/17/93
ORDINANCE NO. 93- 51
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT
Rollin Hills Subdivision, Aptakisic Road west of Churchill Lane
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.
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 - Reid, Kahn, Rubin, Braiman Hendricks
NAYES: 1 - Marienthal
ABSENT: 0 - None
PASSED: June 21, 1993 APPROVED: June 21, 1993
ATTEST: APPROVED:',,
Vill Clerk SIDN . MATHIAS, Village President
6/21 /93
ROLLING HILLS
Scarsdale Development, Ltd.
Aptakisic Road, west of Churchill Lane
Annexation Agreement
TABLE OF CONTENTS
1 . Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Agreement: CcrpIiance and Validity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4. Enactment of Zoning Ordinance. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 3
5. Approval of Plans. . . . . . . . . . .. . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . .
6. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
7. Amendment of Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
8. Buildi2q Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 4
9. Water Provision. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
10. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
11 . Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
12. Pa rent of Reca ture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
13. Security for Public and Private Site I rovements. . . . . . . . . . . . . . . . 6
14. Right of Way Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
15. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
16. Annexation Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
17. BuiIdi 29, Landscap i ng and Aesthetics Plans. . . . . . . . . . . . . . . . . . . . . . . 7
18. Pro'ect Models. . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 7
19. Park District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
20. School District Donations. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
21 . Annexation to the Buffalo Grove Park District. . . . .. . . . . . . . . . . . . . . 8
22. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
23. Enforceabi I i tyof the Agreement. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 8
24, Term of Agreement. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . 9
25. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
26. Corporate Capacities. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
27. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 9
28. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
29. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
30. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
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6121 /93
ROLLING HILLS
Scarsdale Development, Ltd.
Aptakisic Road, west of Churchill Lane
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and
entered into this 21st day of June, 1993, 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") Cole Taylor Bank, as Trustee under a Trust
Agreement dated July 27, 1984 and known as Trust No. 84-143, and Joseph Felsl
and Mary B. Felsl (hereinafter referred to as "Owner") , and Scarsdale
Development, Ltd. , an Illinois Corporation, (hereinafter referred as
"Developer") .
W I T N E S S E TH:
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 77.7942 acres legally described and
identified in the Legal Description, which is attached hereto as EXHIBIT A,
which exhibit is made a part hereof and which real estate is contiguous to the
corporate limits of the Village; and,
WHEREAS, a Plat of Annexation, including certain street right-of-way
adjacent to the Property, is attached hereto as EXHIBIT B , which depicts a total
area of 77.7942 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, with a Residential Planned Unit Development, to develop the
Property in accordance with and pursuant to a certain Concept Site Plan
prepared by Systems Design Group, Ltd. and dated as last revised June 3,
1993, a Preliminary Plan prepared by Systems Design Group, Ltd. and dated as
last revised May 26, 1993, and also a Preliminary Engineering Plan prepared by
Systems Design Group, Ltd. and dated as last revised May 4, 1993 , (hereinafter
jointly referred to as "Preliminary Plan") a copy of which Preliminary Plan is
attached hereto as EXHIBITS D, D-1 E and E-1 and incorporated herein, and
1
subject to all other exhibits attached hereto or incorporated by reference herein.
Said development of property shall consist of 139 lots for 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 their recommendations with
respect to the requested zoning classification of the R-3 District with a
Residential Planned Unit Development; 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 . A plicable Law. This Agreement is made pursuant to and in
accordance with the provisions of Section 5/11 -15.1-1 et. seq. , of the Illinois
Municipal Code (Chapter 65, Illinois Compiled Statutes 1992) and as the same may
have been modified by the Village's Home Rule powers. The preceding whereas
clauses are hereby made a part of this Agreement.
2. Agreement: Compliance and Validity. The Owner has filed with the
Village Clerk of the Village a proper petition pursuant to and in accordance with
provisions of Section 5/7-1-8 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, 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 with a Residential Planned
Unit Development, all as contemplated in this Agreement.
2
3. Enactment of Annexation Ordinance. The Corporate Authorities within
twenty-one (21 ) days of the execution of this Agreement by the Village will
enact a valid and binding ordinance (hereinafter referred to as the "Annexation
Ordinance") annexing the Property to the Village. Said Annexation Ordinance
shall be recorded with the Lake County Recorder's Office along with the Plat of
Annexation (attached hereto as EXHIBIT B) . Recording shall take place no more
than thirty (30) days after enactment of Annexation Ordinance.
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
with a Residential Planned Unit Development 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, D-1 , 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, D-1 , 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 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.
Phasing of the development of the Property, if any, shall be in accordance
with applicable Village ordinances, and shall conform to the phases of the
development as shown on the approved Preliminary Plan.
6. Compliance with Applicable Ordinances. The Owner 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
3
applicable to all property similarly zoned and situated to the extent possible.
Owner and 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 Owner 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; and (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 Owner 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. Owner or
Developer shall pay any non-discriminatory new or additional fees hereinafter
charged by the Village to Owner or 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 EXHIBITS E and E-1 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
4
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 Sanitar 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
and off-site sanitary sewers as may be necessary to service the Property, as per
EXHIBITS E and E-1 . 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 the Property in question any
storm sewers which may be necessary to service the Property, as per EXHIBITS
E and E-1 . 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.
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
5
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. Recapture for sanitary sewer shall
include all downstream sewers to which the Property is tributary, not
withstanding the fact that the Property may not be specifically noted in the
benefit area in the recapture ordinance of record. Said recapture shall be paid
no later than the approval of the first plat of subdivision for 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. 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 Aptakisic 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 14 to 25 feet of additional
right-of-way along the north side of Aptakisic Road to achieve a right-of-way of
54 to 65 feet north from the center line of said road.
15. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Owner/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 June 21 , 1993 by James
R. Dietz
EXHIBIT C Development Improvement Agreement
EXHIBIT D Concept Site Plan dated June 3, 1993 by Systems
Design Group, Ltd.
6
EXHIBIT D-1 Preliminary Plan dated May 26, 1993 by Systems
Design Group, Ltd.
EXHIBIT E Preliminary Engineering Plan (South) dated May 4,
1993 by Systems Design Group, Ltd.
EXHIBIT E-1 Preliminary Engineering Plan (North) dated May 4,
1993 by Systems Design Group, Ltd.
EXHIBIT F Rolling Hills Subdivision Proposal Booklet dated
June 3, 1993
16. Annexation Fee. Developer agrees to pay an annexation fee of $400.00
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. Buildin , Landscapinq and Aesthetics Rlans. Developer will submit
building and landscaping plans as required by ordinance (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. Project Models. The Village agrees to permit the Developer to
construct and maintain one (1 ) model area on the Property, consisting of a
maximum of five (5) buildings with suitable off-street parking areas, all subject
to Appearance Commission approval. Such construction shall be in compliance
with the provisions of the Village's Building Code in effect at the time of
building permit issuance. Further, the Developer may utilize models only as a
project office for the marketing of portions of the Property. Such use shall be
discontinued when the project contemplated herein has been fully and finally
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, notwithstanding that the Property is not in
the Buffalo Grove Park District. Developer agrees to dedicate the park area
(4.05 acres) , the parking lot, the land extending from between Lots 57 and 58
to between Lots 69 and 105 designated as a bikepath and the playground area
(0.50 acres) depicted on EXHIBIT D to the Village. Developer shall construct
the parking lot adjacent to the 4.05 acre park. If additional park donations are
required pursuant to Title 19, Developer agrees to make cash contributions to
7
the Village for conveyance to the Buffalo Grove Park District to fulfill the
obligation of the Property concerning park donations. 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 final
plat approval shall be based on the land value in effect at the time of final plat
approval. Cash contributions shall be made as a lump sum at the time of final
plat approval.
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 #96 and #125 according to the
criteria of said Title. 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.
21 . Annexation to the Buffalo Grove Park District. Owner and Developer
shall use all available means and methods, including litigation if necessary, to
disconnect the Property from the Long Grove Park District. Upon disconnection
from the Long Grove Park District, the Owner 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.
22. 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 in the best interests of all
the parties requires their continued cooperation. The Owner 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.
23. 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
8
shall be deemed to be excised herefrom and the invalidity thereof shall not affect
any of the provisions contained herein.
24. 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 except to affiliate companies or partnerships
of the Developer.
25. Binding Effect of A reement. This Agreement shall be binding upon
the Property, the parties hereto and their respective successors and assigns.
26. 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.
27. 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: Ed Covici
Scarsdale Development, Ltd.
40 Skokie Boulevard, #615
Northbrook, IL 60062
Copy to: Gerald M. Tenner, Esq.
Marks, Marks and Kaplan, Ltd.
120 North LaSalle Street, Suite 3200
Chicago, IL 60602-2401
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Raysa S Skelton
1140 Lake Street
Suite 400
Oak Park, IL 60301
28. Default.
A. In the event Owner or Developer defaults in their performance of
their obligations set forth in this Agreement, then the Village, may, upon notice
to Owner or Developer allow Owner or Developer sixty (60) days to cure default
or provide evidence to the Village that such default will be cured in a timely
9
manner if it cannot be cured during said period. If Owner or Developer_ fails to
cure such default or provide such evidence as provided above, then, with notice
to Owner 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 R-E
District classification. In such event, this Agreement shall be considered to be
the petition of the Owner or Developer to disconnect such portion of the
Property, or at the option of the Village to rezone such Property 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 Owner. The
Village agrees that the Owner 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 solely to the Developer for such performance, except
that to the extent that the Owner or successor thereto shall become a developer
or shall designate or contract with a developer other than Scarsdale
Development, Ltd. then in that case, the Owner 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.
29. Litigation.
A. The Owner or Developer, at their cost, shall be responsible for
any litigation which may arise relating to the annexation, zoning and development
of the Property. Owner and Developer shall be responsible, for five years after
the date of this Annexation Agreement, for any litigation arising out of the
defense of the jurisdiction of Aptakisic Road. Owner and Developer shall
cooperate with the Village in said litigation but Developer's counsel will have
principal responsibility for such litigation.
B. The Owner and Developer shall reimburse the Village for
reasonable attorney's fees, expenses and costs incurred by the Village resulting
from the defense of litigation relating to the annexation, zoning and jurisdiction
of Aptakisic Road (for a period of five years) and development of the Property
or in the enforcement of any of the terms of this Annexation Agreement upon a
default by the Owner and Developer.
10
C. Owner 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 Owner or Developer is responsible.
30. Special Conditions.
A. The following variations to the Village's Development Ordinance
are hereby granted as depicted on EXHIBIT E:
Section 16.50.040.C.4 - to allow a normal water depth of less than 36 inches
for a wetland mitigation area and to increase the shelf width in this area to
greater than 12 feet.
B. The following variations to the Village's Zoning Ordinance are
hereby granted:
Section 17.36.020.13 - to allow two driveway curb cuts for lots which meet
the R-1 and R-2 zoning district standards for lot area and width, and
having street frontage of not less than 88 feet.
C. Developer shall construct a left turn storage lane on Aptakisic
Road for eastbound traffic turning north onto Twin Oaks Boulevard, and
Developer shall construct a right turn deceleration lane on Aptakisic Road for
westbound traffic turning north onto Twin Oaks Boulevard.
D. Construction vehicles and equipment shall not enter or leave the
Property via Beverly Lane to Brandywyn Lane during development of the
Property. The Developer shall erect signs prohibiting construction traffic on
Beverly Lane to Brandywyn Lane, and said signs are subject to Village
approval. Developer shall inform all contractors working on development of the
Property of the prohibition of construction traffic on Beverly Lane.
E. All water wells and septic sewer facilities on the Property shall be
properly sealed or filled as required by the Illinois Department of Public Health
and as approved by the Village Health Officer.
F. 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 Owner and
Developer shall allow the Village to use said buildings and structures for fire
training purposes. Owner or Developer shall be responsible for removing the
remains of said buildings and structures from the Property.
G. The stormwater areas depicted as "Detention/Open Space" on
EXHIBITS D, D-1 , E and E-1 , shall be conveyed to the Village at the request of
11
the Village when required improvements are satisfactorily completed, as
determined by the Village Engineer.
H. No residential lot in the development shall have driveway access
to Aptakisic Road.
I . It is understood and agreed that it is the Village's intent to
convey the 4.05-acre park area, parking lot and playground depicted on
EXHIBIT D to the Buffalo Grove Park District for active park use. Said park
and playground shall be zoned by the Village as a Special Use in the R-3
District. Said park is intended for use as a neighborhood park, including
ballfields. The Village reserves the right to place restrictions on the use of
said park to minimize impacts such as sound on adjoining residential properties.
Any outdoor lighting proposed for the park, parking lot or access path is
subject to Village approval.
The land extending from between Lots 57 and 58 to between Lots 69 and 105
designated as a bikepath on EXHIBIT D, shall be conveyed to the Village at the
direction of the Village.
J. At the direction of the Village, the Developer shall, at its cost,
construct the extension of Beverly Lane to Brandywyn Lane as depicted on the
exhibits hereto. Developer shall pay for the planning, design and permitting of
said Beverly Lane extension and modification of wetlands. The Village shall file
required applications with the proper authorities for the purpose of modifying
the wetlands in order to allow the construction of Beverly Lane extended.
IN WITNESS WHEREOF, the Corporate Authorities and Owner/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.
VILLA
B y�
ATTEST:
By
OWNER COLE TAYLOR B�r A TRUST 7UYDER TRUST
143
By k ��
ATTEST: Vir res ent
Land Trust Administrator
12
OWNER
By
ATTEST:
OWNER
By
ATTEST:
DEVEL _
By
ATT ST\
13
EXHIBIT A
ROLLING HILLS SUBDIVISION
ANNEXATION
SUBJECT PROPERTY LEGAL DESCRIPTION:
PARCEL 1
THAT PART OF SMMM 20. TOWNSHIP 43 NORTH. RANGE 11. EAST OF THE THIRD PRINCPAL 1E1i1DiAN. DESCRIBED AS FOLLOWS: COMMENCING SM CHAINS WEST OF
THE SOUTHWEST CORNER OF THE FAST HALF OF THE SOUTHEAST QUARTER OF SECTON 20: RLDINI NG THENCE NORTH 43M CRAM THENCE WEST 23M GAINS: THEN
SOUTH "M CHAINS: THENCE EAST 23.56 GAINS 70 THE POW OF BECINN 1C (EXCEPT AS FOLLOW!. THAT PART OF THE SOUTHEAST QUARTER AND OF THE NORTH
HALF OF SECTION 20. TOWNSHIP 43 NORTH. RANGE 11. FAST OF THE THIRD PRINCIPAL 11ER IAK DESCR101D AS FOU.OMD 8=04M AT A POINT IN THE WEST LINE
OF THE EAST 9M CHAINS OF THE WEST WALE OF THE SOUTHEAST QUARTER OF SAD SECTION 20 AT A POW 324A9 FEET SOUTH OF THINE INTERSECTION CTIQN OF SAID WEST
LINE OF THE EAST 9M CHAINS WITH THE NORTH U!E OF SAID WEST HALF OF THE SOUTHEAST OIARTE. SAID POW BEND IN THE NORTHEASTERLY LIFE OF 210 FOOT
STRIP OF LMO: THENCE NORTHWESTERLY NAM A M#MK LINE.A DIS'KANCE OF BO1.33 FEET TO THE INTERSECTION Or SAID DIAGONAL. I=WITH THE NORTH LINE
OF THE SOUTH 43M CHAINS OF SAID SECTION 21% SAID POINT OF INTERSECTION OEM 11523 FEET IJIST OF THE NORTH AND SOUTH OUARTER LIE OF SAD SECITON
20. AS MEASURED ALONG THE NORTH LINE OF SAID SOUTH 43.25 CHAINS: THENCE WEST MAW THE NORTH LW OF SAD SOUTH 4&n CHAINS.A Om%%NCE OF 312.50
FEET TO THE NiERSECTION OF SAID LEE WIN THE SOUTHWESTERLY UK OF SAD 210 FOOT STRIP OF LAMM THRICE SOUD*MftY ALONG THE SOUTHIWISTEIY LINE
OF SAD 210 FOOT STRIP OF LAND ALONG A LEE WHEN IS 210 FTEY PIE
URED AT TNKIIRT ANQES 70)AID PARALLEL WITH THE NORDHEASTER<Y LIE OF SAD OWCONAL
ND.STRIP OF LA A OISDWCE OF 1221.32 FMT TO 1HE INTERSECTION SAD PARALLEL LiIE UM THE NEST UK OF SAID EAST 9M CHAIN3C THE=NORTH ALONG
THE WEST LEE OF SAID SM CHAINS.A DISTANCE air 21CLII FEET 70 THE POINT OF 1IR461141 AID EXWI THAT PART THEREOF I W AS FOLOM
AT A POW IN TiE SOUTH LINE OF THE WEST HALF OF THE SOUTH*AST QUARTER OF SOMMI 20 AFdESAR SAD POR H>EN0 69 FEET WEST OF THE SOUTHWEST
CORNER OF THE FAST 9.25 CHAINS OF THE WEST HALF OF THE SOUTHEAST QUARTER OF 491' ' 1 20 AFOESAES THENCE NORTH ON A L!E N FEET WEST OF AND
PARALLEL M THE WEST LINE OF THE EAU Ln CIVM OF THE WEST HALF OF THE SOUTH OW QUARTER OF SEC= 20 AFd1ESAD. A OLSTANCE OF 5@MFEEP.
THENCE WEST PERPENDICULAR TO THE LAST LHIE OESCRISM 11LN.0 FEET: TIEUN Z NORM PERPENDICULAR 10 THE LAST DESCR11=1 LIE. IOQO FEET; THENCE WEST
Pl]iPE OICULAR TO THE LAST ABED LRE 7WO FEET. THENCE SOU IHE%STEMY MAIM A LiE 104M FpTNl7<AN Ai=OF 37 DEGREES 35 MINUTES 7 SECONDS
WITH THE LAST DESCRIBED L INS MEASURED FROM EAST TO SOUTH EAST.A DIMANCE OF 54L" FEET TO A PANT N A LINE SAID L M BEING 64NL96 FW WEST OF
AND PARALLEL WITH THE WEST LIE OF THE EAST 9.25 CHAINS OF THE WEST HALF OF THE SOUTHEAST Mw OF SAD SffiTON 2$ THENCE SOUTHi NAM SAID
PARALLEL LINE TO A POINT IN THE SOUTH LINE OF THE WEST HALF OF THE SOUTH FAST QLINRTEI OF S!<L.0014 20 AFONFSADe THENCE EAST ON THE SOUTH TREE OF
THE WEST HALF OF THE SODUD*AST MMIER OF SECTION 20 AFOiESAD.A DISTA=OF 57Ln FW TO THE:POfY OF SE099rN0 AID EXCEPY AS FOLLOW&
THAT PART OF THE SOUTHEAST QUARTER AND THE SOUTHWEST OIARiF]R OF 5T>rT10N 20. TOWNSHIP 43 NNORTH. RANGE 11. EASY OF THE THIRD D PRNCPAH.1ERI AN.
DESCRIBED AS FO 1.01M BES99/NG AT THE SOUTHWEST COINER OF THE EJST 12J3 CHAINS OF THE SAD SORIR WEST QUARTER! OF SECIM 20: THENCE NORTH DO
DEGREES 00 SECONDS EAST (ASSUMED BFARNO). A CISIX=OF 1BD1A9 FEET: THENCE NORM 90 DORMS 00 MNNUIES ETA. A DISTANCE OF 2TD.00 FEEL:
THENCE SOUiHH 00 OET.REE3 00 MINI)ES 15W. A OMUNCE Or 474AO FEET: THENCE SOUM 04 DEGREES 19 MANTES 01 SE== ETLST. A 0ISIIAI CE OF 87.1118
FEET. THENCE SOUTH 22 DECREES 50 UKIT S 49 SECONDS EASE A DIAANCE OF 9LUM•FEET: THEIEE SOUTH 37 DEGREES 52 MANTES 57 1 R' TRIBE A
DISTANCE OF NM FEET: THENCE SOUTH 41 COMM 30 MATES 4NI SEGOS EAST. A DIMNCE OF IBM FEM THENNCE NORM 89 DECREES 49 MINUTES 27
5EE'AtNOS WEST. A OMA NCE OF 3136 FEEL. THENCE SOUTH 38 DEGREES 01 M MM 40 5v P r I EAST,A OfipY10E OF 27= FTET: T HMCE NORTH U19 DEGREES
45 MINTFS 27 SECONDS WEST.A OTSTANCE OF 99.43 FEET 7MMM SOUTH 37 DEGREES 23 W1101= 34 SWONOS UST. A DISTANCE OF 6E438 F'LET: THENCE
SOUTH 00 DEGREES 11 MINUTES 33 SECONDS WEST. A DLSDYNLE 207.54 FEET TO THE SOUM LiW OF THE SOTI*AST QUARTER OF SAID SECTESI 21% THENCE
NORTH 89 DEGREES 44 MINIM 27 SECONDS WEA ALONG THE SOUTH LiES OF THE SOUD*JW OAR ER AiD TiE SORHNEST OUARTFR OF SAID SE=N 2L A
DISTANCE OF 660.87 FEET TO THE POW OF BEGININIG . IN LAKE COUNNiY. RLNOi
PARCEL 2
THAT PART OF SECTION 20. 'TOINSIMP 43 NORM. RANGE 11. EAST OF THE TTH90
PRINCIPAL MERI AK DESCRIBED AS FOLLOWS LEGIT*" AT A PONE N 7HE
SOUTH LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTON 20 AFORESAID.
SAID P00NT BEING 66 FEET WEST OF THE SOUTHWEST CORNER OF THE FAST 9= CHAINS
OF THE WEST HALF OF THE SOUTHEASi QUARTER OF SECIHON 20 AFORE5AI0. THENCE
NORTH ON A LINE 66 FEET WEST OF AND PARALLEL TO THE WEST LINE OF THE FAST
9.25 CHHAWS OF THE WEST HALF OF THE SO 7WEAST QUARTER OF SECTON 20 AFORESAID.
A DISTANCE OF 560 FEET. THENCE WEST PERPENOICUTAR TO THE LAST DESCRIBED LINE.
I I LO FEET: THENCE NORTH PE RPENOICULAR TO THE LAST DESCRIBED LNE. 1 O0A FEN.
THENCE WEST PERPENDICULAR TO THE LAST DESCRIBED LINE. 790A FEET; TFHEMM
SOUTHEASTERLY ALONG A LINE WHICH I- AN ANGLE OF 37 DECREES 35 ANTES 7
WiTH THE LAST DESCRIBED LINE. MEASURED FR011 FAST TO SOUTHEAST. A
DISTANCE OF 54L73 FEET TO A POINT IN A LINE. SAID I= BEING 642.95 FEET
WEST OF AND PARALLEL WITH THE WEST LINE OF THE EAST 9.25 CHAINS OF THE WEST
HALF OF THE SOUTHEAST QUARTER OF SECTION 20: THENCE SOUTH ALOHD SAID PARAIlE.
LINE TO A POW IN THE SOUTH LIME OF THE WEST HMF OF TIRE SOUTIOW QUARTET
OF 5EC710N 20 AFORESAID. THENCE FAST ON THE SOUTH LNE OF THE WEST HALF OF
THE SOUTHEAST MARTFR OF SECTION 2D AFORESAID. A OM PACE OF 57LOO FEET TO
THE POINT OF EEL;INONNG, IN LAKE COUNTY. iLI.OM
SUBJECT PROPERTY COMMON DESCR I PT I ON: THE APPROX I MATELY 77.8 ACRES ON THENORTH S 1 DE OF APTAK I S I C ROAD
WEST OF THE CHURCHILL LANE SUBDIVISION.
VILLAGE OF BUFFALO GROVE
ORDINANCE NO.
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GRPYE Q
THIS DAY OF 19 /
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook Lake Counties, I linois,
this day of , 19 .
Village Clerk
By
Deputy Village Clerk