2005-061 'i1
5367780
9/8/2005 i 1 lllli 11111111111111 hill 1111111111111
FILED FOR RECORD BY:
MARY ELLEN VANDERVENTER
LAKE COUNTY: IL RECORDER
09/30/2005 - 11:17:09 A.M.
RECEIPT 247738
DRAWER '.: 14
ORDINANCE NO. 2005—61
AN ORDINANCE APPROVING AN AMENDMENT
TO THE
ANNEXATION AGREEMENT FOR
SHELL OIL COMPANY
1200 Arlington Heights Road
Modification of colors for buildings and canopy
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois
Constitution of 1970; and,
WHEREAS, the Corporate Authorities of the Village of Buffalo Grove enacted Ordinance
No. 98-15 approving an Annexation Agreement dated March 23, 1998 for the Property legally
described in Exhibit A hereto; and,
WHEREAS, Equilon Enterprises, LLC as Owner of the Property and successor in interest
to Shell Oil Company, has requested that the Corporate Authorities amend said Annexation
Agreement concerning the colors of the roof and walls of the principal building and car wash
building and the canopy over the gasoline service pumps; and,
WHEREAS, proper and due notice of the public hearing concerning amendment of the
1998 Annexation Agreement pertaining to modification of the exterior colors of the buildings
and canopy has 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 amendment to the Shell Oil Company Annexation Agreement.
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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 preceding Whereas clauses are hereby made a part of this Ordinance.
Section 2. The Amended Annexation Agreement dated September 12, 2005, a copy of
which is attached hereto and made a part hereof as Exhibit B, is approved.
Section 3. The Village President and Clerk of the Village are hereby authorized to
execute said Amended Annexation Agreement on behalf of the Village of Buffalo Grove.
Section 4. This Ordinance shall be in full force and effect from and after its passage and
approval. This Ordinance shall not be codified.
AYES: 6—Braiman Glover,-Berman Kahn Trilling, Rubin
NAYS: 0—None
ABSENT: 0—None
PASSED: September 12 2005 APPROVED: September 12 2005_
ATTEST: APPROVED:
VillaVe Clerk ELLOITT 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
3
EXHIBIT A
Legal Description
Shell Oil Company Amended Annexation Agreement
1200 Arlington Heights Road
That part of the northeast '/4 of the southeast'/4 of Section 30,Township 42 north,Range 11,east of
the Third Principal Meridian,described as follows: Commencirig at the intersection of the center line
of Illinois Route 83 with the east line of said quarter quarter Section;thence south along the east line
of the northeast '/4 of the southeast '/4 aforesaid, 338.24 feet; thence west at right angles to said east
line,520.00 feet;thence north parallel with the east line of said quarter quarter Section,493.65 feet,
more or less,to the center line of Illinois Route 83;thence southeasterly along the center line of said
road, 542.73 feet to the point of beginning, (except that part described as follows: Beginning at the
intersection of the center line of Illinois Route 83 and the east line of said southeast ''/4; thence
northwesterly 543.22 feet along said center line on an assumed bearing of north 73 degrees 11
minutes 03 seconds west,to the Grantor's west property line;thence south 00 degrees 07 minutes 34
seconds west, 73.08 feet along the said west property line; thence south 73 degrees 11 minutes 03
seconds east,parallel with the center line of said Illinois Route 83,401.47 feet;thence southeasterly
153.64 feet along a tangential curve concave to the southwest and having a radius of 120.00 feet,
central angle 73 degrees 21 minutes 36 seconds; thence south 00 degrees 10 minutes 33 seconds
west, 165.58 feet along the westerly right of way line of Arlington Heights Road as per Document
1685014; thence southwesterly 39.27 feet along a tangential curve, concave to the northwest and
having a radius of 25.00 feet, central angle 89 degrees 59 minutes 41 seconds; thence south 89
degrees 49 minutes 46 seconds east, 75.13 feet to the east line of the southeast '/4 of said Section 30;
thence north 00 degrees 10 minutes 25 seconds east, 338.04 feet along said east line to the point of
beginning), in Lake County, Illinois
SUBJECT PROPERTY COMMON DESCRIPTION: Shell/McDonald's facility, 1200
Arlington Heights Road, Buffalo Grove, Illinois.
PIN: 15-30-400-254-0000
9/8/2005 A
AMENDMENT TO
THE ANNEXATION AGREEMENT
FOR SHELL OIL COMPANY
1200 Arlington Heights Road
Modification of colors for buildings and canopy
This agreement made and entered into this 12'h day of September, 2005, 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 Equilon Enterprises, LLC (hereinafter
referred to as "Owner," successor in interest to Shell Oil Company).
WITNESSETH:
WHEREAS, Owner is the owner of record of the real property as legally
described in Exhibit A attached hereto("Property");and
WHEREAS, the Village enacted Ordinance No. 98-15 approving an Annexation
Agreement dated March 23, 1998 (hereinafter sometimes referred to as the "1998
Annexation Agreement")for the Property; and,
WHEREAS,the 1998 Annexation Agreement was recorded with the Lake County
Recorder as document number 4133680; and,
WHEREAS, the Village annexed the Property into its corporate limits by Village
Ordinance No. 98-16; and,
WHEREAS, Paragraph 16 of the 1998 Annexation Agreement provided as
follows:
16. Building, Landscaping and Aesthetic Plans. Buildings, landscaping
signage and outside lighting on the Property shall be in compliance with
EXHIBITS F, G, H, I, J, K and L of this Agreement. Revisions to said
EXHIBITS are subject to review and approval by the Village. Removal of any
trees on the Property is subject to approval by the Village Forester.
Notwithstanding any EXHIBITS hereto, the building roof as depicted on
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EXHIBITS G and G-1 hereto shall be blue pursuant to EXHIBIT M dated as
received March 19, 1998 and further identified as "military blue"by the Peterson
Aluminum Company.
WHEREAS, the Owner has requested that the Village allow modifications to the
colors of the roof and walls of the principal building and the car wash building and the
canopy over the gasoline service pumps pursuant to the following exhibits:
Exhibit B Proposed north elevation of the building dated as received
August 30,2005
Exhibit C Proposed north elevation of the car wash building dated as
received August 30,2005
Exhibit D Proposed west and east elevation of the car wash building
dated as received August 30,2005
Exhibit E Proposed north and east elevations of the canopy over the
gasoline service pumps dated as received August 30,2005
WHEREAS, the Village Board has held a public hearing concerning amendment
to the 1998 Annexation Agreement pertaining to modification of the exterior colors of the
buildings and canopy;and,
WHEREAS, the Village President and Board of Trustees after due and careful
consideration have determined that an amendment to Paragraph 16 of the 1998
Annexation Agreement to allow modifications to the colors of the walls of the principal
building and the car wash building and the canopy over the gasoline service pumps is
appropriate for the Property on the terms and conditions herein set forth 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. That the preceding Whereas clauses are incorporated herein.
2. Paragraph 16 of that certain annexation agreement dated March 23, 1998
approved by Village Ordinance No. 98-15, be and is hereby amended to
read as follows:
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16. Building, Landscaping and Aesthetic Plans. Buildings,
landscaping, signage and outside lighting on the Property shall be in
compliance with EXHIBITS F, G,H, I, J, K and L of the 1998 Annexation
Agreement except modifications approved by the Village.
The colors of the walls and roof of the principal building and the
car wash building shall be as depicted on Exhibits B, C and D attached
hereto and the colors of the canopy over the gasoline service pumps shall
be as depicted on Exhibit E attached hereto.
Removal of any trees or modification of the landscaping on the
Property is subject to approval by the Village Forester.
Any further modifications to the buildings, signage and outside
lighting are subject to approval by the Village.
3. It is understood and agreed that the Village Board has granted certain
variations to the Village Sign Code for signs on the Property as set forth in
Village Ordinance No. 2005-60.
4. The provisions and requirements of the Annexation Agreement dated
March 23, 1998 as approved by Village Ordinance No. 98-15 remain in
full force and effect on the Property unless specifically modified by this
amendment to said Annexation Agreement.
IN WITNESS WI-tEREOF,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
BY �;
ELLIOTT HARTSTEIN, Village President
ATTEST-
By 'Yyk.
*IL AGE CLERK
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O EQUILON ENTERPRIS , LLC
By
Charles T.BadOck,Manager,Real Estate Contracts
This ocument prep"ed : 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
r_.
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EXHIBIT A
Legal Description
Shell Oil Company Amended Annexation Agreement
1200 Arlington Heights Road
That part of the northeast '/4 of the southeast '/a of Section 30, Township 42 north, Range
11, east of the Third Principal Meridian, described as follows: Commencing at the
intersection of the center line of Illinois Route 83 with the east line of said quarter quarter
Section; thence south along the east line of the northeast '/4 of the southeast '/4 aforesaid,
338.24 feet; thence west at right angles to said east line, 520.00 feet; thence north parallel
with the east line of said quarter quarter Section, 493.65 feet, more or less, to the center
line of Illinois Route 83; thence southeasterly along the center line of said road, 542.73
feet to the point of beginning, (except that part described as follows: Beginning at the
intersection of the center line of Illinois Route 83 and the east line of said southeast '/4;
thence northwesterly 543.22 feet along said center line on an assumed bearing of north 73
degrees 11 minutes 03 seconds west, to the Grantor's west property line; thence south 00
degrees 07 minutes 34 seconds west, 73.08 feet along the said west property line; thence
south 73 degrees 11 minutes 03 seconds east, parallel with the center line of said Illinois
Route 83, 401.47 feet; thence southeasterly 153.64 feet along a tangential curve concave
to the southwest and having a radius of 120.00 feet, central angle 73 degrees 21 minutes
36 seconds; thence south 00 degrees 10 minutes 33 seconds west, 165.58 feet along the
westerly right of way line of Arlington Heights Road as per Document 1685014; thence
southwesterly 39.27 feet along a tangential curve, concave to the northwest and having a
radius of 25.00 feet, central angle 89 degrees 59 minutes 41 seconds; thence south 89
degrees 49 minutes 46 seconds east, 75.13 feet to the east line of the southeast '/4 of said
Section 30; thence north 00 degrees 10 minutes 25 seconds east, 338.04 feet along said
east line to the point of beginning), in Lake County, Illinois
SUBJECT PROPERTY COMMON DESCRIPTION: Shell/McDonald's facility,
1200 Arlington Heights Road, Buffalo Grove, Illinois.
PIN: l 5-30-400-254-0000
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