Loading...
2005-014 ou 5805326 After recording mail to: (( [[ff ff Village Clerk Village of Buffalo Grove FILED FOR RECORD BY: Village of Buffalo Grove MARY ELLEN VANDERVENTER 50 Raupp Boulevard LAKE COUNTY s IL RECORDER Buffalo Grove,IL 60089 06123/2005 - 11:31:08 A.M. RECEIPT :`: 230402 DRAWER T: 20 ORDINANCE NO.2005-14 Waterbury Place Table of Contents Page 1. Applicable Law................................................................................................2 2. Enactment of Zoning Ordinance......................................................................3 3. Approval of Plans.............................................................................................3 4. Compliance with Applicable Ordinances. .......................................................3 5. Amendment of Plan. .......................................................................................4 6 ..........................................Building Permit Fees. ........................................... 4 7. Water Provision. ...............................................................................................5 8. Storm and Sanitary Sewer Provisions..............................................................5 9. Drainage Provision. ........................................................................................6 10. Security for Public and Private Site Improvements. ........................................6 11. Right of Way Dedication. ................................................................................7 12. Exhibits. ..........................................................................................................7 13. Building Appearance Plans. ...........................................................................8 14. Project Models. ...............................................................................................8 15. Declaration of Covenants Conditions and Restrictions. .................................8 16. Park District Donations. ............................................................................... .9 17. School District Donations. ............................................................................10 18. Library District Donations. ............................................................................10 19. Conditions Concerning Park, School and Library Donations........................10 20. Facilitation of Development...........................................................................10 21. Enforceability of the Ordinance. ...................................................................11 22. Binding Affect of Ordinance..........................................................................11 23. Corporate Capacities. ...................................................................................11 24. Notices. ..........................................................................................................11 25. Spgcial Conditions. ........................................................................................12 0�0 <ZOWF-2 0 OOLz oosz N -� OSSL ® ® ® ® « IT LED® Em •r ® ® n IA P �_ U ar p NL c c 201 as 222�p N w- 2197 m Q 9� 2- N 2193 \ �, n ni o n In 2\ 2190 N Nei N N N N N N 24O\ZZ9Q 2180 2189 Cu Z3\\ ,L21 .mo ��d 2170 21B5 Q 244 f N N NNN 23�� tNu 2160 21B1 \ ly 25 00tNv 2173 $ R N2 o Pmn � vl :pc^r,e� a 'mn' :oui c 2165 inY f N N N Pl l'1 Ml n A N N N N N N N N 4 2)61 a p \ a n h N \ ` BB{ n o o m c o G N N N N N r �{ a m "' a m c ow mnv N \ \ \ ® \ \ \ os{ OLIZN N ZLIZ N x \ \ o L 9L{Z Lit CD C o 318"d St Qa 318"d /O O \ ID N N B N m NLLJ e c• V \ \ \ ` �, o mi N �� V: m Y 6 rCC VN N lu •� m NNJ.�_ co \\\\\ ° P :mm eOm � •ne^ P rI^ to N 0 N- II 0a9r N ti Ll Z9LZ O O 0- PP N Y rz N c /�V 0) J - \ \\ \ - G P N _ Y N . 62 � Z O N EE m O •� � N nm 0' t1 N m SC ` P N P \ \ P n m m n hY 6C N \ Y O c r •_ h � �Lisa ID .o � In I182 Cl `y N 6 — n _ U4 N r n A n P L082 \ c-' � n^ n u v+ 66 S6L2 \ n= O a N z33F+ 23p0 m m m m J 68L2 LL- a 2334 8lE2 2316 2�2 N _ x �N o S8L2 N Q m Y- n V 2332 02E 2314 2704 9SC N a iG �-^�u 273 2E2 231 CC b nm0 N n� N N O R. of n moa \5 N 2 N N N ti o Q r N,n m V tiA n Z n N .D mN NN N N - 0 41 O N N N O E N o 0 0 0 c N mR ^ r♦ � � N Tp � NN nN Gl N N N N N0 NN N fj N bh m P N Q NN NN m Q co �'' _192 O 2 v �N 6 n `fpff `e2 VIIIAGEOFBUFFALO ' GROVE ' Fifty Raupp Blvd. Buffalo Grove,IL 60089-2100 Phone 847-459-2500 Fax 847-459-0332 Village Clerk Janet M.Sirabian STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) I, JANET M. SIRABIAN, hereby certify that I am the duly elected, qualified and acting Village Clerk of the Village of Buffalo Grove, Counties of Cook and Lake, Illinois, and the keeper of its seal and records. I hereby further certify that the attached is the original copy of documents in my custody. Attachments of Exhibits B-H are not included with this document. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Village of Buffalo Grove aforesaid, at the Village, in the County and State aforesaid, this 17 day of June , 2005. 101 Village Clerk BY puty Village Clerk 3 2/28/2005 ORDINANCE 2005- 14 AN ORDINANCE APPROVING REZONING TO THE R-9 DWELLING DISTRICT AND A RESIDENTIAL PLANNED UNIT DEVELOPMENT (P.U.D.)AND PRELIMINARY PLAN EDWARD R.JAMES HOMES,WATERURY PLACE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,ILLINOIS Waterbury Place residential development, South side of Half Day Road (IL Route 22), east of the Wisconsin Central railroad line (also known as the Powernail property,201-301 Half Day Road) 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,the development site,hereinafter referred to as the Property is legally described in EXHIBIT A attached hereto; and, WHEREAS,the Property is a 31-acre tract zoned in the Industrial District pursuant to Village Ordinance No. 96-95; WHEREAS, Edward R. James Homes, hereinafter referred to as the Developer, is the contract purchaser of the Property; and, 2 WHEREAS,the Developer proposes to construct one hundred and fifty six(156) residential units in accordance with and pursuant to the Preliminary Plan(Conceptual Site Plan)dated January 4, 2005 attached hereto as Exhibit D, and the Preliminary Engineering Plan dated as last revised January 28,2005 attached hereto as Exhibit E,and all other exhibits attached hereto or incorporated by reference herein; and, WHEREAS,pursuant to due notice and advertisement,the Plan Commission of the Village held a public hearing and made its findings and recommendation pursuant to'the requested rezoning to the R-9 District, approval of a Residential Planned Unit Development and approval of the Preliminary Plan,including variations of the Village Development Ordinance and Zoning Ordinance; and, WHEREAS,the President and Board of Trustees of the Village(sometimes hereafter referred to as the "Corporate Authorities") after due and careful consideration have determined 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,BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: 1. Applicable Law. 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 hereby made a part of this Ordinance. 3 2. Enactment of Zoning Ordinance. The Corporate Authorities hereby rezone the Property to the R-9 District and hereby approve a Residential Planned Unit Development and Preliminary Plan for 156 residential units pursuant to Exhibits B, D, and E and other exhibits attached hereto, subject to the conditions contained herein and in compliance with all applicable ordinances of the Village as amended from time to time. 3. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plan (Exhibits D and E) pursuant to the provisions of the Development Ordinance. The Corporate Authorities agree to approve a Development Plan (including a plat of subdivision) based on final versions of the plans and drawings as submitted by the Developer provided that the Development Plan shall: (A) conform to the approved Preliminary Plan(Exhibits D and E); and (B) conform to the terms of this Ordinance and all applicable Village Ordinances as amended from time to time; and (C) conform to the approved Development Improvement Agreement(Exhibit C) as amended from time to time. 4. Compliance with Applicable Ordinances. Developer shall 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 by the Village after the date of this Ordinance 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. Developer, in the development of the Property, shall comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as 4 amended from time to time. Notwithstanding the foregoing,the Village shall not apply new ordinances or regulations to the Property to the extent that such ordinances or regulations would prevent development of the Preliminary Plan approved herein. 5. Amendment of Plan. If the Developer desires to make changes in the Preliminary Plan,as herein approved,the parties agree that such changes in the Preliminary Plan will require,if the Village so determines,the submission of amended plats or plans,together with proper supporting documentation,to the Plan Commission and/or the Corporate Authorities to consider such changes to this Ordinance. The Corporate Authorities may, at their sole discretion,require additional public hearings and may review the commitments of record contained in this Ordinance,including,but not limited to fees, prior to final consideration of any change in the Preliminary Plan. The Village Manager is hereby authorized to approve such minor changes as he deems appropriate,provided that no such change(a)reduces the areas designated for common open space by more than two percent (2%)nor(b)increases the total ground area covered by buildings by more than two percent(2%). 6. Building Permit Fees. The building permit fees may be increased from time to time so long as said permit fees are applied consistently to all other developments in the Village to the extent possible. In the event a conflict arises between the Developer and the Village on any engineering and technical matters subject to this Ordinance, the Village reserves the right to pass along any and all additional expenses incurred by the use of consultants in the review and inspection of the development from time to time and Developer shall pay said expenses. Developer shall pay any non-discriminatory new or additional fees hereinafter charged by the Village to properties within the Village. 5 7. Water Provision. The Developer shall be permitted and agrees to tap on to the Village water system at points recommended by the Village Engineer which points to be extent shown on Exhibit E are hereby approved by the Village. It is understood,however,that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering.The Developer further agrees to pay to the Village such fees in accordance with the applicable Village Ordinances at the time of the issuance of the water and sewer permits. The Developer agrees to accept any increase in water rates and tap on fees provided such rates and fees apply consistently to all other similar users in the Village to the extent possible. Following such tap on,the Village agrees to provide to the best of its ability and in a non-discriminatory manner water service to all users on the Property in accordance with the Preliminary Plan. Watermains serving the Property and those approved as part of the development shall be installed by the Developer 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. 8. Storm and Sanitary Sewer Provisions. A. The Corporate Authorities agree to cooperate with the Developer and to use their best efforts to aid Developer in obtaining such permits from governmental agencies having jurisdiction as may be necessary to authorize connection from the proposed development 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 Developer shall construct sanitary sewers,both onsite and offsite,as necessary to service the Property,pursuant to Exhibit E. It is understood,however,that changes to the Preliminary Engineering Plan may be 8 6 required at the time of Final Engineering. Upon installation and acceptance by the Village through formal acceptance action by the action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain such system,except for sanitary sewer service connections. The Developer agrees to accept any increase in sewer rates and tap on fees,provided that such fees and rates are applied consistently to all similar users in the Village to the extent possible. B. The Developer shall also construct storm sewers that may be necessary to service the Property pursuant to Exhibit E.It is understood,however,that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering.The Developer agrees to operate and maintain that portion of the storm sewer system located on the Property and not dedicated. 9. Drainage Provisions. The Developer shall fully comply with any request of the the Village Engineer related to the placement of buildings on lots, to preserve drainage standards. The Developer shall install any storm sewers and/or inlets that are required to eliminate standing water or conditions of excess sogginess that may, in the opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses. 10. Securily for Public and Private Site Improvements. Security for public and private site improvements shall be provided in accordance with the Development Ordinance,and the Development Improvement Agreement (EXHIBIT C)as amended from time to time. Any 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 of the issuer,shall be honored irrespective of that interest. The Village shall have the right to draw up 7 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. 11. Right-of-Way Dedication. At the request of the Village,but no later than approval of the first plat of subdivision of any portion of the Property,Developer shall dedicate the right-of-way depicted as "proposed no.w." on the Geometric Concept Plan dated September 3, 2004 attached hereto as Exhibit F and any additional right-of-way as required by the Illinois Department of Transportation(IDOT). 12. Exhibits. The following Exhibits, some of which were presented in testimony given by the Developer or the witnesses during the hearings held before the Plan Commission and the Corporate Authorities prior to the execution of this Ordinance, are hereby incorporated by reference herein,made a part hereof and designated as shown below. This Ordinance,together with copies of all Exhibits,shall be kept on file with the Village Clerk and be available for inspection to the parties hereto. EXHIBIT A Legal Description EXHIBIT B Project Booklet dated February 18,2005 for Waterbury Place by Edward R. James Partners,LLC, including 11 x 17-inch sheets for the Preliminary Plan(Conceptual Site Plan), Preliminary Engineering Plan, Conceptual Landscape Plan, Proposed exterior building elevations and proposed building floor plans EXHIBIT C Development Improvement Agreement EXHIBIT D Preliminary Plan(Conceptual Site Plan, 2406-inch plan sheet) dated January 4,2005 by the Lakota Group, Inc. EXHIBIT E Preliminary Engineering Plan dated as last revised January 28, 2005 by Cowhey Gudmundson Leder, Ltd. EXHIBIT F Geometric Concept Plan dated September 3, 2004 concerning proposed improvements to Illinois Route 22 by Kenig,Lindgren, /D 8 O'Hara, Aboona, Inc. EXHIBIT G Conceptual Landscape Plan(24x36-inch plan sheet) dated January 4, 2005 by the Lakota Group, Inc. EXHIBIT H Site Traffic Impact Study dated February 11,2005 by Kenig, Lindgren, O'Hara,Aboona, Inc. EXHIBIT I Developer Acceptance and Agreement 13. Building Appearance Plans.Developer shall submit final building elevation drawings, including colors and types of exterior building materials, at the time of application for the first building permit for the Property. The Village will determine if said exterior materials are in compliance with the appearance exhibits approved for the Property. Areas not under construction or completed shall be maintained in a neat and orderly condition as determined by the Village Manager. 14. Project Models. The Village will allow the Developer to construct and maintain a model area for each housing type depicted on the Preliminary Plan(Exhibit D hereto).The model area for each housing type shall be located within the respective development area for that type as depicted on Exhibit D. Each model area shall provide for parking facilities, landscaping and other improvements as approved by the Village, and subject to conditions and standards as the Village Manager, in his sole discretion, may deem necessary. Notwithstanding Paragraph 25.G. of this Ordinance, Developer shall be allowed to use a trailer as a sales office on the Property subject to review and approval by the Village. 15. Declaration of Covenants Conditions and Restrictions. The Property shall be subject to declaration of covenants,conditions and restrictions("Declaration")which shall include, 9 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 Developer, 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 Developer,association or other owners of the Property. The Village shall also have the right to charge or place a lien upon the Property for repayment for such costs and expense, including reasonable attorneys' fees and costs in enforcing such obligations. The Declaration shall include,but not by way of limitation,covenants and obligations to own and maintain the stormwater management system,drainage system,fence(s)and private roads depicted on Exhibit E. The Declaration'shall also include the obligation that the association shall provide snow removal for the Property and public sidewalks 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 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. 16. Park District Donations. Developer shall comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding park donations. Developer shall make cash contributions to the Village for conveyance to the Buffalo Grove Park District to fulfill the obligation of the Property concerning park donations. 10 17. School District Donations. Developer shall comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding school donations. Developer shall make cash contributions to the Village for conveyance to School District 103 and to School District 125 according to the criteria of said Title. 18. Library District Donations. Developer agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding library donations. 19. Conditions Concerning Park, School and Library Donations. It is understood and agreed that rooms in the residential units labeled as dens,lofts,studies or libraries on the floor plans will be counted as bedrooms for the purposes of calculating park,school and library donations,if,in the judgement of the Village,said rooms can be used as bedrooms. It is understood and agreed that the per acre land value used to compute said cash contributions may be increased from time to time, and cash contributions made at the time of building permit issuance shall be based on the land value in effect at the time of permit issuance. 20. Facilitation of Development. Time is of the essence of this Ordinance,and all parties will make every reasonable effort to expedite the subj ect matters hereof. It is further understood and agreed that the successful consummation of this Ordinance and the development of the Property is in the best interests of all the parties and requires their continued cooperation. The Developer does hereby evidence its intention to fully comply with all Village requirements,its willingness to discuss any matters of mutual interest that may arise, and its willingness to assist the Village to the fullest extent possible. The Village does hereby evidence its intent to always cooperate in the resolution of mutual problems and its willingness to facilitate the development of the Property,as contemplated by ) a 11 the provisions of this Ordinance. 21. Enforceability of the Ordinance. This Ordinance 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 Ordinance is held invalid,such provisions shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 22. Binding Effect of Ordinance. This Ordinance shall be binding upon the Property, the parties hereto and their respective grantees, successors and assigns. 23. Corporate Capacities. The parties acknowledge and agree that the individuals that are members of the group constituting the Corporate Authorities are enacting this Ordinance in their official capacities as members of such group and shall have no personal liability in their individual capacities. 24. Notices. Any notice required pursuant to the provisions of this Ordinance 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 Developer: Warren James Edward R. James Partners, LLC 2550 Waukegan Road, Suite 220 Glenview, IL 60025 Copy to: Bernard Citron, Esq. Schain Burney Ross& Citron 222 North LaSalle Street, Suite 1910 Chicago, IL 60601 12 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Raysa&Zimmerman,LLC 22 South Washington Avenue Park Ridge, IL 60068 25. Special Conditions. A. The following variations to the Village Zoning Ordinance are hereby granted: Section 17.20.030.1.5.-To allow air-conditioning units to be located in front yards of interior rowhomes; B. The following variations to the Village Development Ordinance are hereby granted: Section 16.50.040.C.2.-Concerning the design of the stormwater retention facilities [ponds] —to waive the requirement for a 12-foot wide flat area 18 inches above the high-water line around the perimeter of the ponds and to allow a minimum pond depth of less than 15 feet); Section 16.50.070.D.2. — To permit a residential street right-of-way of 47.5 feet instead of 60 feet for the loop street around the 1.6-acre pond between the single- family homes and the rowhomes; Section 16.50.080.A.1 — Concerning sidewalk and parkway width — to allow reduction of the parkway requirement from 10.5 feet to 0 feet on one side of the loop street around the 1.6-acre pond between the single-family homes and the rowhomes, and to allow reduction of the sidewalk width from 5 feet to 3 feet on one side [adjacent to the pond] of the loop street in this area. C. Developer shall pay to the Village $39,000.00 for six(6) streetlights and $10,350.00 for twenty-three(23)parkway trees(total of$49,350.00)to be installed as part of the future improvements to Illinois Route 22. Developer shall make said payment at the time of Village approval of the first plat of subdivision for any portion I � 13 of the Property. D. Developer shall construct the improvements on Route 22 depicted on Exhibit F attached hereto unless the Village determines that said improvements will be completed by the Illinois Department of Transportation (IDOT) on a schedule that conforms to the occupancy and use of the proposed residential units on the Property. E. Developer shall obtain approval by the Village Forester prior to any site grading or removal or relocation of trees on the Property. A final landscaping plan shall be submitted for review and approval by the Village Forester prior to application for a building permit. F. All water wells and septic sewer facilities on the Property shall be properly sealed or pumped and filled as required by the Illinois Department of Public Health and as approved by the Village Health Officer. Any underground tanks shall be removed as permitted and approved by the Illinois State Fire Marshal. Said sealing and removing wells, septic facilities or underground tanks shall be completed on a schedule as directed by the Village. G. All buildings,structures,vehicles and other materials on the Property shall be removed prior to any development of the Property. If the Village determines,in the period prior to development,that structures or other objects need to be removed from the Property to prevent health or nuisance problems, Developer shall comply pursuant to the Village's direction. The existing single-family house on the Property may be used by the Developer as a construction office and sales office, subject to compliance with / 67 14 applicable Village codes and subject to a schedule for removal approved by the Village. H. Any signs proposed for the Property are not approved by this Ordinance. Any signs are subject to the provisions of the Village Sign Code. I. During construction of the proposed development,construction vehicles and equipment,including construction workers' personal vehicles,shall enter and leave the Property via Half Day Road (IL Route 22), not Apple Hill Lane or any other streets in adjacent subdivisions. Developer shall install signs as directed by the Village to regulate construction traffic. Developer shall inform all contractors involved in development of the Property that construction vehicles and equipment are not allowed to use Apple Hill Lane for access to the Property. The Developer shall ensure that construction vehicles and equipment and the personal vehicles of workers involved in the development of the Property are not parked on Apple Hill Lane or any other residential streets adjacent to the Property. J. The Village shall determine when the Property will be connected to Apple Hill Lane for emergency service and for the eventual interconnection ofthe proposed development with the Mirielle subdivision. K. The Village will consider alternative street lighting for appropriate locations on the Property as determined by the Village, subject to the submittal of required documentation concerning the design and performance of said alternative lights. 26. Effect. This Ordinance shall be in full force and effect from and after it passage and approval,subject to the Developer's execution of the Acceptance and Agreement attached hereto as 15 Exhibit I, incorporated herein and made a part hereof, and the filing of said executed Acceptance and Agreement form with the Village. This Ordinance shall not be codified. AYES: 5- Glover,Berman, Kahn, Trilling NAYS: 1-Braiman ABSENT: 0 -None PASSED: February 28, 2005 APPROVED: February 28, 2005 ATTEST: APPROVED: M'kaw, 1141 jlage Clerk ELLIOTT HARTSTEIN, Village President This d ment 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 Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,IL 60089 IS • 16 EXHIBIT A Legal Description Edward M James Homes, Waterbury Place South side of Half Day Road (IL Route 22), east side of Wisconsin Central Railroad line That part of the west half of the northeast quarter of Section 21, Township 43 North,Range 11 East of the Third Principal Meridian, lying southerly of the centerline of Half Day and McHenry Roads,so-called, and lying easterly of the right-of-way of the Minneapolis,St.Paul and Sault Sainte Marie Railway in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 31 acres on the south side of IL Route 22 east of the Wisconsin Central Railroad line,also know as the Powernail property,201-301 Half Day Road, Buffalo Grove,IL. 15-21-200-011 15-21-200-012 f EXHIBIT I Edward R.James Homes Waterbury Place South side of Half Day Road(IL Route 22) East of the Wisconsin Central Railroad line (also known as the Powernail property,201-301 Half Day Road) Petitioner Accentance and Agreement concerning Planned Unit Development ordinance Edward R. James Homes does hereby accept and agrees to abide by and be bound by each of the terns, conditions and limitations set forth in Ordinance No. 2005-14 duly passed and approved by the Village of Buffalo Grove, IL approving the Planned Unit Development set forth in said Ordinance. The undersigned acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2005-14, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. Edward am es Its �. D