2006-008 - � IIIIIIIIIIIIIIIIiIlIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUIIIIIIIIIIBIIII
# RecImaorded40144480014 08/28/2006Tate09 36:30 AM
Total Amt: $39.00 Pape 1 of 14
IL Rental Housing Fund: $0.00
2/2/2006 Lake county IL Recorder
Mary Ellen Vanderventer Recorder
Flle6049097
ORDINANCE NO. 2006 - 8
AN ORDINANCE APPROVING A
SECOND AMENDED ANNEXATION AGREEMENT
(To the original Annexation Agreement for New Life Lutheran Church)
Canyon Custom Home Builders,Inc.
Villas at Hidden Lake
Northeast corner of Deerfield Parkway/Buffalo Grove Road
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. 91-29 approving an annexation agreement dated March 4, 1991 for New Life Lutheran Church
and enacted Ordinance No. 2000-39 approving an amendment of said agreement for a proposed
Chabad facility for the Property legally described in Exhibit A hereto; and,
WHEREAS,Canyon Custom Home Builders,Inc.as contract purchaser of the Property has
submitted a petition to the Corporate Authorities requesting an amendment of the annexation
agreement to allow development of the Property pursuant to the exhibits as set forth in the second
Amended Annexation Agreement dated February 6, 2006; and,
WHEREAS,said petition by Canyon Custom Home Builders,Inc.requests rezoning to the R-
4 One-Family Dwelling District and approval of a Preliminary Plan for construction of eleven(11)
single-family detached homes; and,
WHEREAS,proper and due notice of the public hearing concerning said second Amended
Annexation Agreement and rezoning 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,
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ILLINOIS:
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Section 1. The second Amended Annexation Agreement dated February 6,2006,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 - Braiman, Berman, Kahn, Trilling, Rubin
NAYES: 0 - None
ABSENT: 1 - Glover
PASSED: February 6, 2006 APPROVED: Februarys 6, 2006
ATTEST: APPROVED:
Village 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
After recording mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove,IL 60089
2/2/2006
SECOND AMENDMENT TO THE ANNEXATION AGREEMENT
VILLAS AT HIDDEN LAKE
BUFFALO PROPERTIES LLC
(Original property owner known as Central Realty Corp.;
original petitioner known as Canyon Custom Home Builders,Inc.)
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES,ILLINOIS
(Amendment of Annexation Agreement known as New Life Evangelical Lutheran Church
and First Amendment to the Annexation Agreement known as the Chabad Synagogue and
pre-school)
Northeast corner of Buffalo Grove Road/Deerfield Parkway
This agreement made and entered into this 6th day of February, 2006, 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 Buffalo Properties LLC.,an Illinois limited liability company(hereinafter referred
to as "Owner" and"Developer").
WITNESSETH:
WHEREAS,the property is a parcel of 3.8 acres at the northeast corner of Buffalo Grove
Road and Deerfield Parkway legally described in Exhibit A attached hereto and hereinafter
referred to as the"Property;"and
WHEREAS,the Village enacted Ordinance No. 91-29 approving an annexation agreement
for the Property dated March 4, 1991 for the New Life Evangelical Lutheran Church; and,
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WHEREAS, the Village enacted Ordinance No. 2000-39. on July 17, 2000 approving an
amendment to the annexation agreement for the Property dated March 4, 1991 for the Chabad
Synagogue and pre-school;and,
WHEREAS,the developments proposed by New Life Lutheran Church and the Chabad were
not constructed; and,
WHEREAS,the Property is zoned in the R-3 One-Family Dwelling District with a Special
Use for a synagogue and pre-school; and,
WHEREAS,the Developer has entered into a contract to purchase the Property; and,
WHEREAS, Developer has petitioned to the Village for rezoning to the R-4 One-Family
Dwelling District and approval of a Residential Planned Unit Development(P.U.D)to construct a
development of eleven[11] single-family detached homes and related site improvements pursuant to
the following Exhibits:
EXHIBIT A Legal Description
EXHIBIT B Development Improvement Agreement(DIA)
EXHIBIT C Preliminary Site and Zoning Information dated December 27,
2005 by Groundwork,Ltd.
EXHIBIT D Preliminary Plan (Preliminary Site Plan, 11 x 17-inch color)
dated as last revised December 27,2005 by Groundwork,Ltd.
EXHIBIT D-1 Preliminary Plan (Preliminary Site Plan, 2406-inch
blackline) dated as last revised December 27, 2005 by
Groundwork, Ltd.
EXHIBIT E Preliminary Engineering Plan(Sheets C1.0 and C1.1)dated as
last revised December 27,2005 by Groundwork, Ltd.
EXHIBIT F Tree Inventory dated September 26, 2005 by Urban Forest
Management, Inc.
EXHIBIT G Preliminary Landscape Plan (Sheets L1.0, L2.0 and L3.0,
11 x 17-inch color)dated as last revised December 27,2006 by
Michael Snyder Landscape Architecture
EXHIBIT H Preliminary Landscape Plan(Sheets L1.0, L2.0 and L3.0,
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2406-inch blackline)dated as last revised December 27,
2006 by Michael Snyder Landscape Architecture
EXHIBIT I Preliminary Material Identification List dated September 19,
2005 by Groundwork, Ltd.
EXHIBIT J Building exterior color elevations,Villa Units A,B, C and D
(four sheets, 8 '/z x 11-inch, no date)
EXHIBIT K Building exterior elevations, Villa Units A, B, C and D (8
sheets; llxl7-inch) dated December 21, 2005 by
Groundwork, Ltd.
EXHIBIT L Building floor plans, Villa Units A,B,C and D (four sheets,
11 x 17-inch)dated December 21,2005 by Groundwork, Ltd.
EXHIBIT M Traffic Evaluation memorandum dated November 14, 2005
by Transportation Strategies, Ltd.
EXHIBIT N Owner and Developer Acceptance and Agreement
WHEREAS,the Plan Commission held a public hearing and determined that the criteria for
rezoning to the R-4 District and approval of a residential planned unit development have been met,
and that the proposed Preliminary Plan for development of the Property would be an appropriate use
of the Property and would be compatible with adjacent properties; and,
WHEREAS,the President and Board of Trustees after due and careful consideration have
concluded that the development of the Property on the terms and conditions herein set forth would
enable the Village to control 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:
l. That the preceding Whereas clauses are incorporated herein.
2. That certain New Life Evangelical Lutheran Church Annexation Agreement dated
March 4, 1991 approved by Ordinance No. 91-29 and amended by the Chabad
Annexation Agreement dated July 17,2000 approved by Ordinance No.2000-39 be
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and are hereby amended to allow development of the Property for the proposed Villas
at Hidden Lake single-family subdivision pursuant to this Annexation Agreement
and Exhibits A through N attached hereto.
3. The following variations are hereby granted:
ZONING ORDINANCE— Section 17.40.020.B. —To allow a rear yard of 35 feet
instead of 40 feet for Building#2);
DEVELOPMENT ORDINANCE—Section 16.30.030.F.—To allow a sidewalk on
one side of the street/cul-de=sac instead of both sides; Section 16.50.040.C.4. —To
waive the requirement for a 12-foot flat area 18 inches above the high-water line
around the perimeter of the stormwater facility as depicted on the proposed
Preliminary Engineering Plan; Section 16.50.050.D.7.—To allow a reduction in the
minimum depth of the sanitary sewer line from the required 6-foot depth to 4.5 feet;
Section 16.50.1201 Le. - To allow parkway trees to be located in common area
adjacent to the proposed perpendicular parking stalls instead within the right-of-way.
4. Developer shall verify that the location of the access to Buffalo Grove Road as
depicted on Exhibits D-1 and E attached hereto has been approved by the Lake
County Department of Transportation(LCDOT).The Developer shall provide plans
for both the right in/right out and full access to Buffalo Grove Road,as shown on the
Exhibits D-1 and E,and shall obtain the necessary LCDOT permits to allow for this
construction. The project security shall include the full access and shall remain in
place until constructed.In the event that the LCDOT requires revisions to Exhibits D-
1 and E, said revisions are subject to approval by the Village.
5. Prior to any site grading or removal of trees on the Property,Developer shall submit a
final tree preservation plan and landscape plan for review by the Village Forester.
Said tree preservation plan and landscape plan shall indicate the work to be done in
the tree preservation areas and said plan shall be reviewed and approved by the Plan
Commission prior to,or in conjunction with, Final Plat approval.
6. Village water and sanitary sewer service shall be provided in accordance with the
Preliminary Engineering Plan attached hereto as Exhibit E.
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7. Developer shall submit a Final Plat and executed Development Improvement
Agreement pursuant to the requirements of the Village Development Ordinance.
8. Security for public and private site improvements shall be provided in accordance
with the Development Ordinance, and the Development Improvement Agreement
(Exhibit B) as amended from time to time. The 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 ofthe issuer,shall be honored irrespective ofthat 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.
9. The Developer shall pay to the Village,$10,000.00 at the time of final plat approval
for the right to modify the adjacent Village owned property to provide for the
stormwater obligations of the development.
10. Developer shall convey the stormwater detention area as depicted on Exhibits D-1
and E to the Village in fee simple title at the request of the Village.
11. Developer shall provide public access easements as required by the Village for the
walkway on the east side of the Property as depicted on Exhibits D-1 and E. Said
conveyance shall comply with the Village's land conveyance requirements.
12. The Property shall be subject to a declaration of covenants, conditions and
restrictions ("Declaration") which shall include but not by way of limitation a
provision whereby the Village shall have the right,but not the obligation,to enforce
covenants or obligations of the Owner,Developer or association and/or owners of the
units of the Property as defined and provided with the Declaration,and further shall
have the right, upon thirty(30) days prior written notice specifying the nature of a
default, to enter upon the Property and cure such default, or cause the same to be
cured at the cost and expense of the Owner,Developer or association of the Property.
The Village shall also have the right to charge or place a lien upon the Property for
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repayment of such costs and expenses, including reasonable attorneys' fees in
enforcing such obligations.
The Declaration shall include, but not by way of limitation, covenants and
obligations to own, maintain and repair the walkway located on the east side of the
Property as depicted on Exhibits D-1 and E. The Declaration shall also include the
obligation that the association shall provide snow removal for private driveways and
the public sidewalk along the cul-de-sac street and shall store excess snow in
appropriate off-street locations,and shall not in any way impede the Village's snow
removal operations on public streets.
The Declaration shall include the obligation to maintain,but not by way of
limitation, landscaping,fencing,the subdivision identification sign,benches and the
retaining wall in the southwest portion of the Property.
The Declaration shall include the stipulation that decks, patios and
impervious area in the outdoor"limited common space"at the rear of each dwelling
unit as depicted on Exhibit D-1 shall be limited to twenty five percent(25%)of said
limited common space. Any request fora deck,patio or impervious area exceeding
said limit must receive approval by the Association before any application for
approval is made to the Village.
The Declaration shall also provide that the Property shall be used and
developed in accordance with Village ordinances, codes and regulations applicable
thereto,including ordinance(s)enacted pursuant to this Agreement. The Declaration
shall be submitted to the Village for review and approval,and shall further provide
that the provisions relative to the foregoing requirements may not be amended
without the prior approval of the Village.
13. Developer agrees to pay a fee of $700.00 per dwelling unit, which fee shall be
payable pro rata at issuance of building permits. This fee,however,shall be paid in
full prior to the expiration of this Agreement.
14. Developer shall provide school,park and library donations in accordance with the
requirements of Title 19 of the Village Municipal Code. It is understood and agreed
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that the Village shall determine the number of rooms that shall be classified as
bedrooms for the calculation of required donations.
15. The Preliminary Plan and related exhibits approved for the New Life Lutheran
Evangelical Church proposed in March 1991 and for the Chabad synagogue and pre-
school proposed in July 2000 are void, and development of the Property shall be
pursuant to the exhibits as set forth in this Amendment for the Villas at Hidden Lake
by Buffalo Properties LLC.
16. Any changes to the plans ana exhibits attached hereto are subject to approval by the
Village in its sole discretion.
17. 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. 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 ofrecord
of a portion of the Property as to the provisions applying thereto,without the consent
of the owners of other portions of the Property.
19. 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.
20. Default.
a) In the event Owner or Developer default in 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 manner if it cannot
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be cured during said period. If Owner or Developer fail 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 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 or
Developer to disconnect such portion of the Property,or at the option of the Village,
to rezone such Property to the Residential Estate District
b) In addition to sub-paragraph a)hereof, it is recognized by the parties hereto
that there are obligations and commitments set forth herein which are to be
performed and provided by the Developer not by the 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 or approved assignee 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 Buffalo Properties LLC.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 its obligations created under
this Agreement, the Village may enforce such obligations against the Property
Owner.
21. Litigation.
a) The Owner and 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 cooperate with the Village in said litigation but
Owner/Developer's counsel will have principal responsibility for such litigation.
b) The Owner and Developer shall reimburse the Village for reasonable
attorneys' fees, expenses and costs incurred by the Village resulting from litigation
relating to the annexation,zoning and development of the Property or in the
enforcement of any of the terms of this Annexation Agreement upon a default by the
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then current Owner or then current Developer.
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.
22. The provisions and requirements of the Annexation Agreement dated March 4, 1991
and approved by Village Ordinance No.91-29 shall remain in full force and effect on
the Property unless specifically modified by this amended Agreement.
23. This second Amended Annexation Agreement shall become effective upon execution
of Exhibit N hereto by the Owner and Developer and execution of this Agreement by
the Village.
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
i ", ir
By
ELL O HART IN, Village President
ATTEST:
By 9 1'V)
LAGE CLERK
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OWNER and DEVELOPER:
Buffalo Properties LLC., an Illinois limited liability
company
By C
This document 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,EL 60089
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EXHIBIT A
Legal Description
Villas at Hidden Lake
Buffalo Properties LLC
Northeast corner of Buffalo Grove Road/Deerfield Parkway
SUBJECT PROPERTY LEGAL DESCRIPTION: The east 276 feet of the west 330 feet of
the north 600 feet of the south 660 feet of the northwest quarter of the southwest quarter of
Section 28, Township 43 North, Range 11 East of the Third Principal Meridian, in Lake
County, Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 3.8-acre parcel
at the northeast corner of Buffalo Grove Road and Deerfield Parkway.
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EXHIBIT N
Owner and Developer acceptance and agreement concerning
rezoning to the R4 One-Family Dwelling District and
approval of a Residential Planned Unit Developoment(P.U.D.)
The Villas at Hidden Lake
Northeast corner of Deerfield Parkway and Buffalo Grove Road
Buffalo Properties LLC.,an Illinois limited liability company,as Owner and Developer of the Property
does hereby accept and agree to abide by and be bound by each of the terms,conditions and limitations
set forth in the amended annexation agreement dated February 6, 2006 approved by Ordinance No.
2006-8 duly passed and approved by the Village of Buffalo Grove, Illinois rezoning the Property
described in said Ordinance to the R-4 One-Family District and approving a residential planned unit
development.
The undersigned acknowledge that they have read and understand all of the terms and provisions of
said amended annexation agreement and do hereby acknowledge and consent to each and all of the
provisions, restrictions, and conditions of said Annexation Agreement.
Buffalo Properties LLC.
By: c�-