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2007-039 6/18/2007 ORDINANCE NO. 2007- 39 AN ORDINANCE APPROVING A THIRD AMENDED ANNEXATION AGREEMENT (To the original Annexation Agreement for New Life Lutheran Church) Buffalo Properties LLC (Owner formerly referred to as 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, enacted Ordinance No.2000-39 approving an amendment of said agreement for a proposed Chabad facility, and enacted Ordinance No. 2006-8 for the second amendment of said 1991 agreement for the Villas at Hidden Lake as proposed by Canyon Custom Homebuilders, Inc., for the Property legally described in Exhibit A hereto; and, WHEREAS,Buffalo Properties LLC,as successor Owner and Developer to Canyon Custom Home Builders,Inc.,has petitioned to the Village for modification of the site plan and related plans approved by Ordinance No.2006-8 and the second amended annexation agreement dated February 6,2006 for the Property pursuant to the exhibits to the third amendment of the annexation agreement attached hereto; and, WHEREAS, said modification pertains to the location of buildings on the Property and the relocation of a public sidewalk to an adjacent property, and does not increase the number of approved single-family detached homes(11)or change the approved zoning in the R-4 One-Family Dwelling District with a residential Planned Unit Development (PUD); and, WHEREAS,the Village Board has determined that it is in the best interest of the Village of Buffalo Grove to approve said third amendment of the annexation agreement. 2 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. This ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance, Development Ordinance and the Village's Home Rule powers. The preceding Whereas clauses are incorporated herein. Section 2. The third amended annexation agreement dated June 18, 2007, a copy of which is attached hereto and made a part hereof as Exhibit A, is approved. Section 3. The President and Clerk of the Village are hereby authorized to execute said 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: 5 —Braiman, Glover, Berman, Kahn, Trilling NAYS: 0-None ABSENT: 1 —Rubin PASSED: June 18 2007 APPROVED: June 18, 2007 ATTEST: APPROVED: .� Villa6z.tlerk 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 o After recording mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,IL,60089 6/18/2007 A THIRD AMENDMENT OF THE ANNEXATION AGREEMENT VILLAS AT HIDDEN LAKE BUFFALO PROPERTIES LLC (Owner formerly referred to as Canyon Custom Home Builders,Inc.) VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,ILLINOIS Northeast corner of Buffalo Grove Road/Deerfield Parkway This agreement made and entered into this 18th day of June, 2007, 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, WHEREAS, the Village enacted Ordinance No. 2000-39 on July 17, 2000 approving an amendment of 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, 2 WHEREAS, the Village enacted Ordinance No. 2006-8 on February 6,2006 approving the second amendment of the annexation agreement pursuant to a petition by Canyon Custom Home Builders,allowing eleven(11)single family detached dwelling units as a Residential Planned Unit Development (PUD) in the R-4 zoning district in accordance with the exhibits approved by the second amended annexation agreement; and, WHEREAS,Owner has petitioned to the Village for amendment of said second amendment of the annexation agreement concerning certain modifications of the approved plans and exhibits as set forth below; and, WHEREAS,Owner has submitted revised plans depicting eleven(11)single family detached dwelling units with the locations of said dwelling units modified from the Preliminary Plan approved as Exhibit D to the second amendment of the annexation agreement; and, WHEREAS,Owner has submitted a revised landscape plan attached hereto as Exhibit D and made a part hereof, depicting relocation of the public sidewalk originally approved for the east portion of the Property to a location on Outlot A of the Westchester Estates subdivision, a stormwater management area owned by the Village; and, WHEREAS,the Owner proposes to construct the development of eleven(11)single family detached dwelling units pursuant to the following Exhibits: EXHIBIT A Legal Description EXHIBIT B Development Improvement Agreement(DIA) EXHIBIT C Preliminary Plan ("Site Plan") dated July 9, 2007 by Groundwork, Ltd (revised as required subsequent to Village Board approval on June 18, 2007.) EXHIBIT D Final Landscape Plan(Sheets L1.0,12.0 and 1-3.0)dated July 15,2007 by Michael Snyder Landscape Architecture(revised as required subsequent to Village Board approval on June 18, 2007.) EXHIBIT E Owner and Developer Acceptance and Agreement 3 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: 1. 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, amended by the Chabad Annexation Agreement dated July 17, 2000 approved by Ordinance No. 2000-39, and amended by the Canyon Custom Home Builders Second Amendment dated February 6,2006 approved by Ordinance No.2006-8 be and are hereby amended to allow development of the Property for the Villas at Hidden Lake single-family subdivision pursuant to this Third Amendment of the Annexation Agreement and Exhibits A through E attached hereto and subject to the conditions and obligations set forth herein. 3. 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 within 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 repayment of such costs and expenses, including reasonable attorneys' fees in enforcing such covenants or obligations. The Declaration shall include,but not by way of limitation, covenants and obligations that the association shall provide snow removal for the public sidewalk w 4 along the cul-de-sac street and shall store excess snow at 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 and walkway,fencing,the subdivision identification sign,and the retaining wall which are all located in the southwest portion of the Property. The Declaration shall include the requirement that decks, patios and impervious area at the rear of each dwelling unit shall be limited to a combined area of 210 square feet. The Declaration shall also provide that no sheds or other accessory structures or fences other than the fence along Deerfield Parkway depicted on Exhibit D hereto are allowed on the Property or any portion of the Property conveyed to purchasers of the single family detached dwelling units. The Declaration shall provide that any modification to the landscaping as depicted on the Final Landscape Plan attached hereto as Exhibit D, including deletions and additions,proposed by owners of dwelling units or fee simple parcels on the Property, shall be reviewed and approved by the homeowners' association. 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. 4. Developer shall 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. 5. 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 that the Village shall determine the number of rooms that shall be classified as S bedrooms for the calculation of required donations. 6. Developer shall provide additional trees or other landscaping as required by the Village Forester to provide screening adjacent to the north side of the public sidewalk on Outlot A on the Property. 7. In the event that any new models or exterior elevations are proposed for the homes other than the plans approved by the Second Amendment of the annexation agreement,Developer shall present said models and exterior elevations for approval pursuant to the Village Appearance Plan. 8. Decks, patios and impervious areas, not to exceed a combined area of 210 square feet,are allowed adjacent to the rear of each dwelling unit,but shall not extend into any side yard. 9. Developer shall construct a public sidewalk on Outlot A of the Westchester Estates subdivision in accordance with plans approved by the Village Engineer, and said construction shall be completed by December 31, 2007. 10. Any changes to the plans and exhibits attached hereto are subject to approval by the Village in its sole discretion. 11. 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. 12. 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. 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 6 official capacities as members of such group and shall have no personal liability in their individual capacities. 14. Default. 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 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 15. 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 attorney's 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 then current Owner or then current Developer. 7 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. 16. The provisions and requirements of the Annexation Agreement dated March 4,1991 approved by Village Ordinance No. 91-29, the amendment of the 1991 annexation agreement for the Chabad Synagogue and pre-school approved by Village Ordinance No. 2000-39 on July 17, 2000, and the Second Amendment of the Annexation Agreement dated February 6,2006 approved by Ordinance No.2006- ,shall remain in full force and effect on the Property unless specifically modified by this amended Agreement. 17. This third Amended Annexation Agreement shall become effective upon execution of Exhibit E 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 as of the day and the year first above written. VILLAG UFFALO G OVE By ELLIOTT HARTS ,Village President ATTEST• By VflftAGE CLERK 8 OWNER and DEVELOPER: Buffalo Properties LLC., an Illinois limited liability company B,_ 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,IL 60089 9 EDIT 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. 10 EXHIBIT E Owner and Developer acceptance and agreement concerning the third amendment of the annexation agreement for 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 June 18,2007 approved by Ordinance No.2007- 39 duly passed and approved by the Village of Buffalo Grove, Illinois approving the Third Amendment of the annexation agreement for the Property approving modifications to the plans for the residential planned unit development in the R4 District. 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: 64q STATE OF ILLINOIS ) ss. COUNTY OF COOK ) CERTIFICATE 1, Janet M.Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on June 18, 2007, the Corporate Authorities of the Village passed and approved Ordinance No. 2007-37 entitled: AN ORDINANCE APPROVING A THIRD AMINNEXATION AGREEMENT VILLAS AT HIDDEN LAKE provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2007-39, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted. jn and at the Vihap.e Hall commencing on June 19, 2007 and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 19th day of June, 2007. Village erk By