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-— -- Image# 045366020008 Type: ORD
9/8/2009 -..........
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- -_-- Recorded: 10/13/2009 at 02:35:12
Receipt#: 2009-00048489
Total Amt: $33.00 Pape 1 of 8
IL Rental Housing Fund: $0.00
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
File6530772
ORDINANCE NO. 2009—62
AN ORDINANCE APPROVING THE
FIRST AMENDMENT OF THE ANNEXATION AGREEMENT
FOR THE VILLAS OF CHESTNUT RIDGE
Prairie Road at Daybreak Terrace
WHEREAS, the Village of Buffalo Grove is a home rule unit by virtue of the 1970
Constitution of the State of Illinois; and,
WHEREAS,the Corporate Authorities of the Village of Buffalo Grove enacted Ordinance
No.2004-73 approving an Annexation Agreement dated August 2,2004 for the real property known
as the Villas of Chestnut Ridge subdivision, legally described in Exhibit A attached hereto and
hereinafter referred to as the"Property;" and,
WHEREAS,the Annexation Agreement for the Villas of Chestnut Ridge approved a plan for
development of twenty—one(21) single—family detached houses for the Property; and,
WHEREAS, Parkway Bank and Trust Company as Owner of the Property and Chestnut
Ridge Closeout,LLC as Developer of the Property,have petitioned to the Village for amendment of
the Annexation Agreement approved by Ordinance No.2004-73 concerning the appearance package
for the exterior building elevations of the eighteen(18)houses to be constructed on the undeveloped
lots on the Property; and,
WHEREAS, Developer presented said appearance package to the Village Appearance
Review Team (ART) on August 5, 2009; and,
WHEREAS,the Appearance Review Team determined that the appearance package, as set
forth in the exhibits to the amended Annexation Agreement, is appropriate for the eighteen (18)
houses to be constructed on the vacant lots on the Property; and,
WHEREAS, the Village Board determined that it is in the best interest of the Village of
Buffalo Grove to approve said first amendment of the Annexation Agreement for the Villas of
Chestnut Ridge subdivision.
p, E ,
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 First Amendment of the Annexation Agreement dated September 8,
2009, a copy of which is attached hereto and made a part hereof as Exhibit B, 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: 6—Braiman. Glover Berman Trilling, Stone Sussman
NAYS: 0—None
ABSENT: 0—None
PASSED: September 8, 2009 APPROVED: September 8, 2009
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
3
EXHIBIT A
Legal Description
VILLAS OF CHESTNUT RIDGE SUBDIVISION
Prairie Road at Daybreak Terrace
Villas of Chestnut Ridge, being a subdivision of part of the west half of the northeast quarter of
Section 21,Township 43 North,Range 11 East of the Third Principal Meridian,together with Lots 1
and 2 in Bauer's Acres, a subdivision of part of the west half of the northeast quarter of Section 21,
Township 43 North,Range 11 East,of the Third Principal Meridian,as recorded on August 20, 1956
as Document 920084, in Lake County, Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 7.14—acre tract on the east
side of Prairie Road at Daybreak Terrace known as the Villas of Chestnut Ridge subdivision,Buffalo
Grove, IL
PIN Address
1521205020 2319 Avalon Dr
1521205021 2317 Avalon Dr
1521205022 2315 Avalon Dr
1521205023 2313 Avalon Dr
1521205024 2311 Avalon Dr
1521205025 2309 Avalon Dr
1521205026 2307 Avalon Dr
1521205027 2305 Avalon Dr
1521205029 3 Daybreak Ter
1521205030 5 Daybreak Ter
1521205031 7 Daybreak Ter
1521205032 9 Daybreak Ter
1521205033 11 Daybreak Ter
1521205034 2310 Avalon Dr
1521205035 2308 Avalon Dr
1521205036 2306 Avalon Dr
1521205037 2304 Avalon Dr
1521205038 2302 Avalon Dr
1521223002 6 Daybreak Ter
1521223003 4 Daybreak Ter
1521223004 2 Daybreak Ter
1521223001 0 Daybreak Ter
1521205019 0 Avalon Dr
1521205028 0 Daybreak Ter
9/8/2009
FIRST AMENDMENT
OF THE ANNEXATION AGREEMENT
FOR THE
VILLAS OF CHESTNUT RIDGE
Prairie Road at Daybreak Terrace
VILLAGE OF BUFFALO GROVE
COOK AND LAKE COUNTIES, ILLINOIS
This agreement is made and entered into as of this 8ch day of September, 2009 by and
between the Village of Buffalo Grove (hereinafter referred to as the "Village") by and through
the President and Board of Trustees of the Village (hereinafter collectively referred to as the
"Corporate Authorities") and Parkway Bank & Trust Company (hereinafter referred to as
"Owner") and Chestnut Ridge Closeout, LLC, an Illinois Limited Liability Company (hereinafter
referred to as "Developer").
WITNESSETH:
WHEREAS, the Village is a home rule unit by virtue of the provisions of the 1970
Constitution of the State of Illinois; and,
WHEREAS, the Village entered into an Annexation Agreement dated August 2, 2004
with Buffalo Grove/Prairie LLC which was approved by Village Ordinance No. 2004-73 for the
real property("Property") legally described in Exhibit A hereto; and,
WHEREAS, Parkway Bank and Trust Company is now the Owner of the Property; and,
WHEREAS, Chestnut Ridge Closeout, LLC is an affiliate of Red Sea] Development
Corporation; and,
WHEREAS, the Property is a tract of 7.14 acres known as the Villas of Chestnut Ridge
subdivision; and,
WHEREAS, the Village approved zoning of the Property in the R-5 One—Family
Dwelling with a Residential Planned Unit Development (PUD) for the development of twenty—
one (21) single—family detached houses in accordance with the exhibits to the Annexation
Agreement dated August 2, 2004; and,
WHEREAS, a plat of subdivision of the Property was approved by the Village and
recorded by the Lake County Recorder of Deeds as Document Number 6020124; and,
WHEREAS, three (3) houses have been constructed on the Property but have not been
sold or occupied for residential purposes; and,
WHEREAS, Owner desires to complete the subdivision including rehabilitation as
necessary for the three (3) existing houses and construction of the remaining eighteen (18)
houses; and,
WHEREAS, Owner has entered into an agreement with Chestnut Ridge Closeout, LLC
("Developer")to rehabilitate the existing houses and construct eighteen (18) new houses; and,
WHEREAS, Developer desires to construct the said eighteen (18) new houses pursuant to
plans for exterior appearance as set forth in Exhibits B, C, D and E attached hereto and made a
part hereof; and,
WHEREAS, Developer presented the appearance package concerning the exterior
elevations of the proposed eighteen (18) new homes to the Village Appearance Review Team
(ART) on August 5, 2009; and,
WHEREAS, the ART recommended approval of the appearance package for the
proposed homes pursuant to the following Exhibits:
EXHIBIT A Legal Description—Villas of Chestnut Ridge subdivision
EXHIBIT B Letter dated September 1, 2009 from Todd Fishbein, Red Seal
Development Corporation
EXHIBIT C Exterior materials — Color Schemes A to H dated as revised August 10,
2009
EXHIBIT D Exterior Elevations, Plan 1 through Plan 4, depicting Models 1A, 1B, 2A,
213, 3A, 313, 4A and 4B, (Color sheets, l 1x17 inches, dated September 8,
2009)
EXHIBIT E Tabular summary of proposed models with building areas and note
concerning substantial similarity
WHEREAS, said Exhibits B, C, D and E would replace Exhibits I, J and K to the Annexation
Agreement dated August 2, 2004; and,
2
WHEREAS, the President and Board of Trustees held a public hearing on September 8,
2009 concerning the proposed First Amendment of the Annexation Agreement, including the
proposed appearance package set forth in Exhibits B, C, D and E hereto; and,
WHEREAS, the President and Board of Trustees after due and careful consideration have
concluded that development of the Property on the terms and conditions set forth herein would
be compatible with adjacent properties and 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. The preceding Whereas clauses are incorporated herein.
2. That certain Annexation Agreement dated August 2, 2004 approved by Ordinance
No. 2004-73 is hereby amended to allow construction of the houses as depicted in
Exhibits B, C, D and E hereto.
3. Said Exhibits B, C, D and E hereby replace Exhibits I, J and K to the Annexation
Agreement dated August 2, 2004.
4. It is understood and agreed that the appearance package approved herein
concerning the exterior elevations of the proposed houses shall comply with the
monotony standards of the Village Appearance Plan, and interpretation of said
monotony standards shall be the responsibility of the Village in its sole discretion.
5. Owner shall remove or cause the removal of the telecommunications tower ("cell
tower"), antennas and all other related equipment and structures on the Property
prior to the date which is the earlier of: (i) April 30, 2010 or (ii) issuance of the
first certificate of occupancy for any of the eighteen (18) new houses constructed
by the Developer on the Property.
6. All provisions, conditions and requirements set forth in the Annexation
Agreement dated August 2, 2004 shall remain in full force and effect unless
specifically modified by this First Amendment of the Annexation Agreement.
3
IN WITNESS WHEREOF, the Corporate Authorities, Owner and Developer have caused this
instrument to be executed by their respective proper officials duly authorized to execute the same
as of the date first above written.
VILLAGE OF BUFFALO GROVE
By:
Elliott Hartstein, Village President
ATTEST:
By:
Village Clerk
OWNER: Parkway Bank and Trust Company
By. AiU�
Name:
Mark A. Shekefftian
Title: Executive Vice President
DEVELOPER: G htS+,wf P-I;JjG. Gloc c.,4- I-•LMG
By : RZrl Se-4 jDev4vj wr-&+ Go P •J i M4y!1'
By:
Na oa(� -,-Oc-d 4
Title: pArJll LSD
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
4
Exhibit A
Legal Description
VILLAS OF CHESTNUT RIDGE SUBDIVISION
Prairie Road at Daybreak Terrace
Villas of Chestnut Ridge, being a subdivision of part of the west half of the northeast quarter of
Section 21, Township 43 North, Range 11 East of the Third Principal Meridian, together with
Lots 1 and 2 in Bauer's Acres, a subdivision of part of the west half of the northeast quarter of
Section 21, Township 43 North, Range 11 East, of the Third Principal Meridian, as recorded on
August 20, 1956 as Document 920084, in Lake County, Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 7.14—acre tract on the
east side of Prairie Road at Daybreak Terrace known as the Villas of Chestnut Ridge subdivision,
Buffalo Grove, IL
PIN Address
1521205020 2319 Avalon Dr
1521205021 2317 Avalon Dr
1521205022 2315 Avalon Dr
1521205023 2313 Avalon Dr
1521205024 2311 Avalon Dr
1521205025 2309 Avalon Dr
1521205026 2307 Avalon Dr
1521205027 2305 Avalon Dr
1521205029 3 Daybreak Ter
1521205030 5 Daybreak Ter
1521205031 7 Daybreak Ter
1521205032 9 Daybreak Ter
1521205033 11 Daybreak Ter
1521205034 2310 Avalon Dr
1521205035 2308 Avalon Dr
1521205036 2306 Avalon Dr
1521205037 2304 Avalon Dr
1521205038 2302 Avalon Dr
1521223002 6 Daybreak Ter
1521223003 4 Daybreak Ter
1521223004 2 Daybreak Ter
1521223001 0 Daybreak Ter
1521205019 0 Avalon Dr
1521205028 0 Daybreak Ter
5