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
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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,
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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 �
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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
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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