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2005-043 k R u 5842305 After recording mail to: i 11111111111111111111111111111111 Village Clerk FILED FOR RECORD BY: Village of Buffalo Grove MARY ELLEN VANDERVENTER 50 Raupp Boulevard LADE COUNTY s IL RECORDER Buffalo Grove,IL 60089 08/20/2005 - 10:26:48 A.M. RECEIPT 4: 240649 DRAWER .: 14 07/12/05 ORDINANCE NO.2005 -43 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR THE TOWN OF VERNON--PRAIRIE VIEW METRA STATION (east side of Main Street across from Brockman Avenue) WHEREAS,the Village of Buffalo Grove is a HomeRule 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 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. f � 2 AYES: 5 - Braiman, Glover, Kahn, Trilling. Rubin NAYS: 0 - None ABSENT: 1 - Berman PASSED: Jul, 18 2005 APPROVED: July 18, 2005 ATTEST: APPROVED: Villa 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 Exhibit A Vernon Township—Prairie View Metra Station (east side of Main Street across from Brockman Avenue extending to IL Route 22) That part of the Northwest Quarter of the Northeast Quarter and the Northeast Quarter of the Northwest Quarter of Section 21, and the Southeast Quarter of the Southwest Quarter of Section 16, all in Township 43 North, Range 11 East of the Third Principal Meridian more particularly described as follows: Bounded on the East by a line 30.00 Feet Westerly of(as measured parallel to) Wisconsin Central Ltd.'s main track centerline, bounded on the West by a line 143.50 Feet Westerly of(as measured parallel to) Wisconsin Central Ltd.'s main track centerline,bounded on the South by the North line of Illinois State Highway Route 22, and bounded on the North by a line perpendicular to said main track centerline and distant 1320.00 Feet Northerly of (as measured along said main track centerline) from the North line of said Dlinois State Highway Route 22, excepting therefrom the South 17.00 feet as measured perpendicularly to the North line of said Illinois State Highway Route 22, and including any adjacent unincorporated highway, all in Lake County, Illinois. Exhibit "A" 1 7/13/2005 ANNEXATION AGREEMENT TOWN OF VERNON (Prairie View Train Station) This agreement(hereinafter referred to as the"Agreement")made and entered into this 1 Sth day of July,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 the TOWN OF VERNON, an Illinois township organized under the laws of the State of Illinois S (hereinafter 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 3.2960 acres legally described and identified in the Legal Description, attached hereto as EXHIBIT A;and, WHEREAS, the Property and adjacent unincorporated highways are depicted on Vernon Township Annexation Plat, which is attached hereto as EXHIIBIT B; and, WHEREAS,Owner has previously had constructed on the Property a train station and other public transportation terminal facilities as depicted on EXHIBIT C,attached hereto and made a part hereof;and, WHEREAS, the Village and the Owner acknowledge that the Property is used for a public Z/ 2 purpose, specifically to provide for mass transit(commuter rail)services to the general public and that the Property is owned by a public entity; and, WHEREAS, pursuant to the provisions of Section 5111-15.1-1 et seq., of the Illinois Municipal Code (65 ILCS 5111-15.1-1 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,the Corporate Authorities have held a public hearing with respect to the requested zoning classification in the B-3 Planned Business Center District with a Special Use for a public railroad passenger station and other related public transportation facilities; and, WHEREAS, the Corporate Authorities hereby make the following findings of fact and determinations pursuant to Section 17.28.040.A. of the Buffalo Grove Zoning Ordinance concerning the Special Use: 1. The use of the Property will be to serve the general public in the provision of mass transit rail services in furtherance of broader regional transportation goals and objectives;and, 2. The location and size of the Property,the nature and intensity of its daily use,the location of the Property in relation to the surrounding area and uses,and the fact that the Property has been used since 1995 for mass transit purposes shall demonstrate that the continued use of the Property will remain in harmony with adjacent property uses as well as future development as well as redevelopment; and, 3. Based on past operating experience as well as planned future expansion of mass transit applicable to rail,use of the Property as a depot with ancillary parking,will not be injurious or harmful to other property in the immediate vicinity to said Property nor shall use diminish or impair neighboring property valuation; and, 4. The current or proposed buildings or structures for transit oriented purposes on the property will not impede,hinder or discourage the development and use of adjacent land or buildings in accordance with current zoning district regulations; and, 5. Utilities to the Property shall be provided and upgraded as a result of this proposed annexation; and, 6. Parking shall be provided for in conformance with applicable codes and standards with 3 traffic related matters established to minimize hazards, eliminate nuisances and reduce congestion. 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 5111-15.1-1 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. 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 5/7-1-8 of the Illinois Municipal Code (65 ILCS 5/7-1-8) 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 expressly understood and agreed that any action of the Village with respect to said Petition for the annexation of the Property shall be, and hereby is, made expressly contingent upon the Property being contiguous to the Village at the time of annexation. 3. Enactment of Annexation Ordinance. The Corporate Authorities will enact an ordinance (hereinafter referred to as the "Annexation Ordinance") annexing the Property to the 4 Village upon the Property becoming contiguous to the Village. Said Annexation Ordinance shall be recorded at the Lake County Recorder's Office along with the Plat of Annexation, EXHIBIT B hereto. 4. Enactment of Zoning Ordinance. Within twenty-one (21) days after the passage of the Annexation Ordinance,the Corporate Authorities shall adopt an ordinance zoning the Property in the B-3 Planned Business Center District with a Special Use for a public railroad passenger station,accessory retail and service uses,provided that such accessory uses serve the convenience needs of commuters and do not require customer parking, and other related public transportation facilities; no other use, permitted or special, shall be allowed on the Property without the prior consent and approval of the Village in its sole discretion. Zoning on the property shall be subject to the restrictions further contained herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to time. 5. 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 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 continuation of the current existing uses and structures on the Property. 5 6. Water Provision. Upon annexation of the Property to the Village, the Owner shall connect to the Village water system at points recommended by the Village Engineer. The Owner shall pay all costs associated with the construction of water main extensions to the Property. All water main construction shall comply with applicable Village ordinances. The Village hereby waives any applicable Village water tap-on fees. The Owner agrees to accept any increase in water rates. Following such tap on, the Village agrees to provide to the best of its ability and in a non- discriminatory manner water service to the Property in order to service the existing users on the Property as of the date of this Agreement. Water mains serving the Property shall be installed by the Owner 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. 7. Sanitary Sewer Provisions. The Corporate Authorities agree to cooperate with the Owner and to use their best efforts to aid the Owner in obtaining such permits from governmental agencies having jurisdiction as may be necessary to authorize connection from the Property to the Lake County Department of Public Works 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, as required and approved by the Village Engineer. 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 Village hereby waives any applicable Village sewer tap-on fees.The Owner agrees to accept any increase in sewer rates. 6 8. Pmment of Recapture Fees Owed. Any amount of recapture required to be paid by this Property for any connection to the water and sewer mains is hereby waived. 9. Security for Public and Private Site Improvements. Since Vernon Township is a public governmental entity no security is required for any public site improvements. 10. Annexation to the Buffalo Grove Park District. The Owner agrees,at the request of the Buffalo Grove Park District,to annex any part or all of the subject Property to said Park District. Said annexation shall be completed within sixty days(60) days of the request of the Park District. 11. Enforceability of the Agreement. This Agreement shall be enforceable in any court of competent jurisdiction b an of the parties or an appropriate action at law or in equity to secure Pe J Y Y P Yq tY 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. 12. Term of Agreement. This Agreement is binding upon the Property,the parties hereto and their respective grantees,successors and assigns 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. This Agreement may be amended by the Village and the owner of record of a portion of the Property as to the provisions applying thereto,without the consent of the owners of other portions of the Property. 13. 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. 14. 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: Town of Vernon ATTN: William Peterson Township Supervisor 2050 Main Street Buffalo Grove, IL. 60089 Copy to: Peter S. Karlovics,Esq. The Law Offices of Rudolph F. Magna 495 N. Riverside Drive, Gurnee,IL. 60031 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,IL 60089 Copy to: William G. Raysa,Esq. Raysa&Zimmermann, Ltd. 22 S. Washington Ave Park Ridge, IL 60068 15. Default. In the event Owner defaults in performance of its 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 the 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 the Property from the Village 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 8 Residential Estate District 16. Litigation. A. The Owner,at its 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. C. Owner hereby indemnifies and holds the Village harmless from any actions or causes of action which may arise as a result.of this Agreement. 17. Special Conditions. A. 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 Owner shall use said Village address(es)in place of current address(es) assigned by Lake County. Owner is 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. B. Owner shall not seek or institute annexation to any municipality other than the Village and shall object to any other municipality's attempt to annex the Property. Upon annexation of the Property to the Village of Buffalo Grove, the Property shall not be disconnected from the Village without the Village's written consent. C. Prior to annexation of the Property to the Village, the Owner agrees that all 9 development and construction on the Property shall comply with Village ordinances. IN WITNESS WHEREOF,the Corporate Authorities,and the Owner have caused this instrument to be executed by their respective proper officials duly authorized to execute the same as of the day and the year first above written. VILLAGE OF BUFFALO GROVE By ELLIOTT HARTSTEIN, Village President ATTEST: GE CLERK O TO RNON ATTEST: By This document prepared by: F� William Ra sa v AZ c444 z W1 y �C Raysa&Zimmermann,LLC. 22 S. Washington Park Ridge, IL. 60068 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 F:Buffalo GroveWemon TownshiplAnnex Agreement 7-13-2005 10 EXHIBIT A Legal Description THAT PART OF THE PROPERTY OF THE WISCONSIN CENTRAL LTD. IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, AND THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, ALL IN TOWNSHIP 43 NORTH,RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: BOUNDED ON THE EAST BY A LINE 30.00 FEET WESTERLY OF (AS MEASURED PARALLEL TO) WISCONSIN CENTRAL LTD.'S MAIN TRACK CENTERLINE, BOUNDED ON THE WEST BY A LINE 143.50 FEET WESTERLY OF (AS MEASURED PARALLEL TO)WISCONSIN CENTRAL LTD.'S MAIN TRACK CENTERLINE, BOUNDED ON THE SOUTH BY THE NORTH LINE OF ILLINOIS STATE HIGHWAY ROUTE 22,AND BOUNDED ON THE NORTH BY A LINE PERPENDICULAR TO SAID MAIN TRACK CENTERLINE AND DISTANT 1320.00 FEET NORTHERLY OF (AS MEASURED ALONG SAID MAIN TRACK CENTERLINE)FROM THE NORTH LINE OF SAID ILLINOIS STATE HIGHWAY ROUTE 22, ALL IN LAKE COUNTY,ILLINOIS.