2012-048 9
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Image# 049445040010 Type: ORD
Recorded: 11/16/2012 at 10:27:24 AM
Receipt#: 2012-00074248
9/26/2012 Page 1 of 10
Fees: $35.00
IL Rental Housing Fund: $0.00
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
ORDINANCE NO. 2012 -48 File6922813
AN ORDINANCE APPROVING A
FOURTH AMENDED ANNEXATION AGREEMENT
Buffalo Properties, LLC
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. 2006-8 approving the second amendment of the annexation agreement and Ordinance No.
2007-39 approving the third amendment of the annexation agreement for the Villas at Hidden
Lake for the Property legally described in Exhibit A hereto; and,
WHEREAS, Buffalo Properties, LLC has petitioned to the Village for amendment of the
annexation agreement to allow modifications to the landscape plan approved as Exhibit D to
the third amended annexation agreement; and,
WHEREAS, said modifications pertain to the landscaping, berm and fencing along
Deerfield Parkway and Buffalo Grove Road; and,
WHEREAS, the Village Board has determined that it is in the best interest of the Village
of Buffalo Grove to approve the fourth amendment of the 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. 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 fourth amended annexation agreement dated October 1, 2012, a
copy of which is attached hereto and made a part hereof as Exhibit A, is approved.
t
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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 — Berman Trilling,.Sussman Terson Stein Ottenheimver
NAYS: 0— None
ABSENT: 0 —None
PASSED: October 1, 2012 APPROVED: October 1 2012
ATTEST: APPROVED:
Village Clerk. effr y . Br iman, 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
9/25/2012
FOURTH AMENDMENT OF THE ANNEXATION AGREEMENT
VILLAS AT HIDDEN LAKE
BUFFALO PROPERTIES, LLC
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Northeast corner of Buffalo Grove Road/Deerfield Parkway
This agreement made and entered into this V" day of October, 2012, 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 referrea to as "Owner" and "Developer").
W ITN ESSETH:
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, Buffalo Properties, LLC is the owner of the common area portion of Lot 1 of
the Property legally described in Exhibit A-1 hereto and hereinafter referred to as the "Common
Area;" and,
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, the Village enacted Ordinance No. 2007-39 on June 18, 2007 approving the
third amendment of the annexation agreement pursuant to a petition by Buffalo Properties,
2
LLC concerning modifications of the site plan pertaining to the location of buildings on the
Property and a revised Landscape Plan approved as Exhibit D to the third amended agreement;
and,
WHEREAS, Buffalo Properties, LLC has petitioned to the Village for amendment of said
third amendment of the annexation agreement concerning certain modification of the
approved Landscape Plan on the Common Area as set forth below; and,
WHEREAS, Buffalo Properties, LLC has submitted a revised landscape plan (Exhibit C
attached hereto and made a part hereof) modifying Exhibit D to the third amendment of the
annexation agreement; and,
WHEREAS, said revised landscape plan proposes a fence along Deerfield Parkway and
Buffalo Grove Road, and modification of the berm at the southwest corner of the development
adjacent to the intersection of Deerfield Parkway and Buffalo Grove Road, on the Common
Area; and,
WHEREAS, the fence depicted on Exhibits C and D is proposed to be a "Montage
Majestic" ornamental black metal fence five (5) feet in height; and,
WHEREAS, said fence requires a variation of Section 15.20.040 of the Village Fence Code
pertaining to residential districts to allow the fence to be erected nearer to the street than the
front line of the buildings: and,
WHEREAS, the modifications to the landscape plan, including the berm and fence, are
proposed by Buffalo Properties, LLC to be constructed in accordance with the following
exhibits:
EXHIBIT A Legal Description of the Property
EXHIBIT A-1 Lot 1 Common Area
EXHIBIT B Owner acceptance and agreement
EXHIBIT C Landscape Plan (Sheets 1-1.0, L2.0 And L3.0) dated as last revised
August 14,2012 by Michael Snyder Landscape Architecture
EXHIBIT D Fence detail and specification sheets
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WHEREAS, the President and Board of Trustees conducted a public hearing on October
1, 2012 concerning amending of the annexation agreement and variation of the Village Fence
Code; 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:
1. That the preceding Whereas clauses are incorporated herein.
2. The annexation agreement dated June 18, 2007 approved on June 18, 2007 as
the third amendment by Village Ordinance No. 2007-39 is hereby amended to
approve the modified landscape plan, berm and fence pursuant to Exhibits C and
D attached hereto and subject to the conditions and obligations set forth herein.
3. The Village hereby finds that the requirements for a variation of the Village
Fence Code set forth in Section 15.20.110 have been met, and a variation of
Section 15.20.040 is hereby granted to allow the fence as depicted on Exhibits C
and D hereto.
4. Buffalo Properties, LLC shall complete the landscape plan, berm and fence
depicted on Exhibits C and D hereto by December 31, 2012.
5. Any changes to the plans and exhibits attached hereto are subject to approval by
the Village in its sole discretion.
6. 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.
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7. 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.
8. 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.
9. 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
10. 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
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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.
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.
11. The provisions and requirements of the Second Amendment of the Annexation
Agreement dated February 6, 2006 approved by Village Ordinance No. 2006-8
and the Third Amendment dated June 18, 2007 approved by Village Ordinance
No, 2007-39, shall remain in full force and effect on the Property unless
specifically modified by this amended Agreement.
12. This fourth Amended Annexation Agreement shall become effective upon
execution of Exhibit B 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.
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VILLAGE OF BUFF GROVE
By
Je ey S. m ,Village President
ATTEST:
By
VILLAGE CLERK
OWNER and DEVELOPER:
Buffalo Properties, LLC, an Illinois limited liability
company
By
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
EXHIBIT A
Legal Description
Villas at Hidden Lake
Buffalo Properties, LLC
Northeast corner of Buffalo Grove Road/Deerfieid Parkway
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.
EXHIBIT A-1
Legal Description
Common Area portion of Lot 1
The common area portion of Lot 1 of the Villas at Hidden Lake subdivision described in part as
that part of 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. (PIN: 15-28-301-039)
SUBJECT PROPERTY COMMON DESCRIPTION: The common area portion Lot 1 of The Villas at
Hidden Lake subdivision, northeast corner of Deerfield Pkwy/Buffalo Grove Road.
8
EXHIBIT B
Owner and Developer acceptance and agreement concerning
the fourth 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 October 1,
2012 approved by Ordinance No. 2012- 48 duly passed and approved by the Village of Buffalo
Grove, Illinois approving the Fourth Amendment of the annexation agreement for the Property
approving modifications to the landscape plan, berm and fence along Deerfield Parkway and
Buffalo Grove Road.
The undersigned acknowledge that they have read and understand ail 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:
VILLAGE OF�
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Deparbftt of Finance enerbl Pervices i
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Fifty Raupp Blvd.
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Buffalo QbVe,IL 60089-210,C}
Phone 847-459-2500
Fax 8471�9-0332
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popular ClassicT"' design. The picket
spear is formed with a 3/8" diameter
rounded tip rather than a sharp point.
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Proudly Made In the U.S.A. From Recycled American Steel � l _ 2012
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it is to understand why Montage' is
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ever introduced in the fence industry"!
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Before Montage , ornamental metal fences offered only comprorn)ses. She strength of stee
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welded construction meant Increased maintenance; the beauty of wrought Iron meant significantly
higher costs; the capability to follow sloping terrain meant the presence of unsightly fasteners and
oversized picket holes, or the higher cost of custom fabrication. Conversely; to provide freedom
from maintenance, the use of ultra-Iight materials such as aluminum and plastic raised the cost
and totally sacrificed the strength of a welded steel fence.
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To The American Consumer:
"Ornamental Fence Is the fastest growing fence product in America over the last decade. No other fence
product offers the value, strength, security and maintenance-free ownership of an ornamental fence; if
you get what you pay for. As the market grows, so does the number of manufacturers and choices. Ev-
eryone wants to get their 'sllce of the pie'. While there are some very high duality fence products avail-
able, there are even more that are equally as poor. The tiltest entries into the market are lightweight, low
quality products being imported from several foreign countries, mainly China, Many consumers are falling
prey to the lure of extremely low prices, only to discover that the product does not match the investment
made. The fragile structure, lightweight construction, poor coating and the need for periodic maintenance
far overshadow the cheap price paid. This brochure provides the facts, so you can choose wisely."
NOTE: Montage's is produced by American workers from recycled American steel in Tulsa, Oklahoma.
Proudly Marie In the U.S.A. from Recycled American Steel
Page 2
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Montage° ornamental panels and posts are actually coated twMnake aOuta�ld�
inside and outside. Every other product available in America is
only coated on the outside. Major corrosion problems start from
the inside.
Galvanized steel framework is subjected to a multi-stage pre- I�aryllt Topew
treatment/wash (with zinc phosphate), followed by a duplex Zkw t
cathodic electrocoat system consisting of an epoxy primer,
which significantly increases corrosion protection, and an
acrylic topcoat, which provides the protection necessary to
withstand adverse weathering effects.
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Surface Backed by 20 Year Warranty!
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ProNusion W
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Automatic Panel Welding Process
Profusion is the revolutionary automatic process that combines o
fusion and laser technology to effect simultaneous welding of all l
pickets and rails in a panel in mere seconds. Pre-punched rails allow
for picket insertion through the centerline of the rail;facilitating a"good-
neighbor" profile with an identically smooth streamlined contour on j
both sides of the fence. The process ensures rigid,yet virtually invis-
ible,structural connections with no unsightly exposed fasteners.
THIS
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Severe Impact
NOT THIS .Z
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Aluminum Ruined
by Minimal Impact
Proudly Made In the U.S.A. From Recycled American Steel
Page 4
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Strength of Posts
Attractive BoulevardTm brackets mate to all post edges, Punched posts, alreadyweakened by losing a fourth of the
passing the load to adjacent panels. Fence panels and circumference,cause a severe concentration of load at the
posts act as single line, flexing only slightly under load. post-to-rail junction. The panel,held only by a small screw,
bows away from the post,threatening to break free.
I.. ConwnUaled load --�,�. --�"�R Severe Bmv.Possie SeDzrotion
pis�nnuied Load Srphl Flex n F;Brce Une �' ��-
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Rails Held Weakened Post
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Cannot Concentrated �'�`
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Stress
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Steel post, 2-112 times stronger than aluminum, remains The holes in punched posts allow water to enter. When this
sealed from the elements, uncompromised in structure. expands during a freeze,the post could burst apart.
Strength of Wicket Connections
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The rigid Prol'usion welded panel has permanent connec- The fragile screw connection can be removed in seconds
(ions, making it invulnerable to disassembly attempts. by a child or vibrate loose from turbulent winds.
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Proudly Marie In the U.S.A. From Recycled American Steel �
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