2005-029 i
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5/12/2005 FILED FOR RECORD BY:
MARY ELLEN VANDERVENTER
LAKE COUNTY IL RECORDER
11/29/2005 - 09:36:18 A.M.
RECEIPT A: 257537
DRAWER 17
ORDINANCE NO. 2005 -2 9
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR
Jacobs Homes
Whispering Lake Estates
South side of Aptakisic Road west of the JCYS facility
WHEREAS,the Village of Buffalo Grove is a Home Rule Unit by virtue of the
Illinois Constitution of 1970;and,
WHEREAS,there has heretofore been submitted to the Corporate Authorities of the Village
of Buffalo Grove a petition to annex the property legally described in Exhibit A hereto; and,
WHEREAS,there has been submitted to the Corporate Authorities of the Village of Buffalo
Grove an Annexation Agreement; and,
WHEREAS, proper and due notice of the public hearing concerning said Annexation
Agreement and zoning have been given and the public hearing was held; and,
WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to
approve said 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. The Annexation Agreement,a copy of which is attached hereto and made a part
hereof as Exhibit A, is approved.
Section 2. The President and Clerk of the Village are hereby authorized to execute said
Agreement on behalf of the Village of Buffalo Grove.
Section 3. This Ordinance shall be in full force and effect from and after its passage and
approval. This Ordinance shall not be codified.
(T5 -t- � P L X
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AYES: 6 - Braiman, Glover, Berman, Kahn, Trilling, Rubin
NAYES: 0 - None
ABSENT: 0 - None
PASSED: May 16, 2005 APPROVED: May 16, 2005
ATTEST: APPROVED:
- Ty-�.� /
VA We 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
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5/16/2005
ANNEXATION AGREEMENT
Jacobs Homes
Whispering Lake Estates
South side of Aptakisic Road west of the JCYS facility
This agreement(hereinafter referred to as the "Agreement")made and entered into this 16`h
day of May,2005,by and between the VILLAGE OF BUFFALO GROVE(hereinafter referred to as
"Village")by and through the President and Board of Trustees ofthe Village(hereinafter collectively
referred to as the "Corporate Authorities") and Fred Eychaner(hereinafter referred to as "Owner")
and Whispering Lake Estates, LLC (hereinafter referred to as "Developer").
WITNESSETH:
WHEREAS,the Village of Buffalo Grove is a Home Rule Unit by virtue ofthe provisions of
the Constitution of the State of Illinois of 1970; and,
WHEREAS,Owner is the owner of a certain tract of property(hereinafter referred to as the
"Property")comprising 8.55 acres legally described and identified in the Legal Description,attached
hereto as EXHIBIT A and made a part hereof, and which real estate is contiguous to the corporate
limits of the Village; and,
WHEREAS, a Plat of Annexation, including certain street right-of-way adjacent to the
Property, is attached hereto as EXHIBIT B, which depicts a total area of 9.8 acres to be annexed;
and,
WHEREAS, Developer desires and proposes pursuant to the provisions and regulations
applicable to the R-4 District of the Village Zoning Ordinance to develop the Property in accordance
with and pursuant to a certain Preliminary Plan prepared by Groundwork, Ltd and dated as last
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revised February 22, 2005, and also a certain Preliminary Engineering Plan prepared by
Groundwork, Ltd and dated as last revised March 11, 2005, (hereinafter jointly referred to as
"Preliminary Plan") a copy of which Preliminary Plan is attached hereto as Exhibits D,D-1 and E
and incorporated herein,and subject to all other exhibits attached hereto or incorporated by reference
herein. Said development of the Property shall consist of 23 single-family detached dwelling units,
in accordance with the exhibits incorporated herein.
WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et seq., of the Illinois
Municipal Code (65 ILCS 5/11-15.1-1 et seq.) and as the same may have been modified by the
Village's Home Rule powers, a proposed Annexation Agreement was submitted to the Corporate
Authorities and a public hearing was held thereon pursuant to notice as provided by Statute; and,
WHEREAS,pursuant to due notice and advertisement,the Plan Commission of the Village
has held a public hearing and made its recommendations with respect to the requested zoning
classification in the R-4 One-Family Dwelling District and variations of the Village Development
Ordinance and Zoning Ordinance; and,
WHEREAS,the President and Board of Trustees after due and careful consideration
have concluded that the annexation of the Property to the Village and its zoning and development on
the terms and conditions herein set forth would further enable the Village to control the 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:
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1. Applicable Law. This Agreement is made pursuant to and in accordance
with the provisions of Section 5111-15.1-1 et seq., of the Illinois Municipal Code (65 ILCS 5111-
15.1-1 et seq.)and as the same may have been modified by the Village's Home Rule powers. The
preceding whereas clauses are hereby made a part of this Agreement.
2. Agreement: Compliance and Validity.
a) The Owner has filed with the Village Clerk of the Village a proper petition pursuant
to and in accordance with the provisions of Section 5/7-1-8 of the Illinois Municipal Code(65 ILCS
5/7-1-8)and as the same may have been modified by the Village's Home Rule powers,conditioned
on the execution of this Agreement and the compliance with the terms and provisions contained
herein,to annex the Property to the Village. It is understood and agreed that this Agreement in its
entirety,together with the aforesaid petition for annexation, shall be null,void and of no force and
effect unless the Property is validly annexed to the Village and is validly zoned and classified in the
R-4 District, all as contemplated in this Agreement.
Except as set forth in Paragraph 29.a)hereof, no portion of the premises shall be
disconnected from the Village without the prior written consent of its Corporate Authorities.
b) Whispering Lake Estates,LLC intends to acquire title to the Property after the date of
this Agreement,at which time Whispering Lake Estates,LLC shall give notice to the Village that it
has acquired such title(with title reports and other evidence as may be reasonably requested by the
Village)and that it desires the Village to proceed with the annexation of the Property pursuant to the
ordinances herein contemplated.
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c) Upon receipt of the notice referred in Section 2.b) above, the Village, at the next
regularly scheduled meeting of the Board of Trustees, shall adopt all necessary ordinances required
to effectuate the terms of this Agreement.This Agreement in its entirety,together with the aforesaid
annexation petition, shall be null and void and of no force and effect, unless Whispering Lake
Estates, LLC, within 180 days after the Village Board's approval of this Agreement, has acquired
title to Property and requested that the Village proceed with the annexation and classification of the
Property in the R-4 Residential Zoning District. The zoning of the Property in the R-4 Residential
Zoning District shall be subject to the restrictions further contained herein and all applicable
ordinances of the Village of Buffalo Grove as amended from time to time. Said zoning shall be
further conditioned on the development of the Property in accordance with the Preliminary Plan(Site
Plan) (Exhibit D) and other exhibits attached hereto or incorporated by reference herein. The
Annexation Ordinance shall be recorded at the Lake County Recorder's Office along with the Plat
of Annexation(attached hereto as EXHIBIT B).
3. Enactment of Annexation Ordinance. The Corporate Authorities,within twenty-one
(21) days of the execution of this Agreement by the Village, will enact an ordinance (hereinafter
referred to as the"Annexation Ordinance")annexing the Property to the Village. Said Annexation
Ordinance shall be recorded at the Lake County Recorder's Office along with the Plat of Annexation
(attached hereto as Exhibit B).
4. Enactment of Zoning Ordinance. Within twenty-one (21)days after the passage of
the Annexation Ordinance,the Corporate Authorities shall enact an ordinance zoning the Property in
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the R-4 District subject to the restrictions further contained herein and all applicable ordinances of
the Village of Buffalo Grove as amended from time to time. Said zoning shall be further conditioned
on the development of the Property in accordance with the Preliminary Plan(Exhibits D,D-1 and E)
and other exhibits attached hereto or incorporated by reference herein.
5. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plan
(Exhibits D,D-1 and E)pursuant to the provisions of the Development Ordinance. The Corporate
Authorities agree to approve a Development Plan (including plats of subdivision) based on final
versions of the plans and drawings of the development of the Property as submitted by the Owner or
Developer provided that the Development Plan shall:
a) conform to the approved Preliminary Plan, and
b) conform to the terms of this Agreement and all applicable Village Ordinances
as amended from time to time; and
c) conform to the approved Development Improvement Agreement as amended
from time to time.
6. Compliance with Applicable Ordinances. The Owner and Developer agree to 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 after the date of this Agreement 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
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Ordinance as amended from time to time.Notwithstanding the foregoing,the Village shall not apply
new ordinances or regulations to the Property to the extent that the ordinances or regulations would
prevent development of the Preliminary Plan approved herein.
7. Amendment of Plan. If the Developer desires to make changes to
to the Preliminary Plan, as herein approved,the parties agree that such changes to 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 the Preliminary Plan. The Corporate Authorities may, in their sole
discretion,require additional public hearings and may review the commitments of record contained
in this Agreement,including,but not limited to fees,prior to final consideration of any change to the
Preliminary Plan. The Village Manager is hereby authorized to approve such minor changes as he
deems appropriate, provided that no such change increases the total ground area covered by
buildings by more than two percent(2%).
8. Buildiniz 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 Owner or Developer and the Village on
any engineering and technical matters subject to this Agreement, 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. Owner or Developer shall pay any non-
discriminatory new or additional fees hereinafter charged by the Village to owners and developers of
properties within the Village.
9. 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 the 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.
10. Storm and Sanitary Sewer Provisions.
a) The Corporate Authorities agree to cooperate with the Owner and 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 Lake County
Division of Transportation as may be appropriate. The Developer shall construct on-site and off-site
sanitary sewers as may be necessary to service the Property, in accordance with
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Exhibit E. It is understood, however, that changes to the Preliminary Engineering Plan may be
required at the time of Final Engineering. Upon installation and acceptance by the Village through
formal acceptance action by the Corporate Authorities,the Corporate Authorities agree to operate
and maintain such systems,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 any storm sewers which may be
necessary to service the Property, in accordance with Exhibit E. It is understood, however, that
changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. Upon
installation and acceptance by the Village through formal acceptance action by the Corporate
Authorities,the Corporate Authorities agree to operate and maintain that portion of the storm sewer
system which serves multiple properties.
11. Drainage Provisions. The Developer shall fully comply with any request of 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 which are required to eliminate standing water
or conditions of excess sogginess which may,in the opinion of the Village Engineer,be detrimental
to the growth and maintenance of lawn grasses.
12. Payment of Recapture Fees Owed. Any amount of recapture required to be paid by
this Property shall be due and payable to the Village upon final platting of the first plat of
subdivision of any portion of the Property.
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13. Security 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. The 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
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.
14. Right of Way Dedication. The Owner and Developer acknowledge that Aptakisic
Road is under the jurisdiction of the Lake County Division of Transportation,and the Lake County
standard is a right-of-way of 60 feet from the centerline. At the request of the Village,but no later
than upon approval of the first plat of subdivision of any portion of the Property, Owner and
Developer agree to dedicate such additional right-of-way along Aptakisic Road as required by the
Lake County Division of Transportation.
15. 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 Agreement, are hereby incorporated by
reference herein,made a part hereof and designated as shown below.
EXHIBIT A Legal Description
EXHIBIT B Plat of Annexation dated May 3,2005 by Gremley&Biederman
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EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan(Site Plan) dated as last revised February 22, 2005
(11x17-inch color and 2406-inch blackline)by Groundwork,Ltd
EXHIBIT D-1 Preliminary Site Plan dated as last revised April 21,2005(l 1x17-inch
color) depicting cul-de-sac pavement (diameter of 96 feet) to
accommodate turning requirements of school buses
EXHIBIT E Preliminary Engineering Plan dated as last revised March 11,2005 by
Groundwork, Ltd
EXHIBIT F Landscape Plan dated as last revised February 22, 2005 (Sheet L-1,
Ilxl7-inch color and 2406-inch blackline) by Michael Snyder
Landscape Architecture
EXHIBIT G Tree Inventory and Report dated March 4, 2005 by Urban Forest
Management, Inc.
EXHIBIT H Plat of Survey including tree locations dated March 9, 2005 by
Gremley and Biederman
EXHIBIT I Site and Zoning Information Data and lot area list (2 sheets) dated
February 23, 2005
EXHIBIT J Traffic Analysis dated March 11,2005 by Kenig,Lindgren,O'Hara,
Aboona, Inc.
16. Annexation Fee. Developer agrees to pay an annexation fee of$700.00 per dwelling
unit,which fee shall be payable pro rats at issuance of building permits. This fee,however,shall be
paid in full prior to the expiration of this Agreement.
17. Building, Landscaping and Aesthetics Plans. Developer will submit final plans
concerning building appearance and landscaping for Village review and approval prior to application
for the first building permit for the Property. Portions of the Property not under construction or
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completed shall be maintained in a neat and orderly fashion as determined by the Village Manager.
18. Pro'ect Models. The Village agrees to permit the Developer to construct and maintain
one model area on the Property,consisting of a maximum of one building,together with suitable off-
street parking areas,all subject to Village approval. Such construction shall be in compliance with
the provisions of the Village's Building Code in effect at the time of building permit issuance. The
Developer may use the model only for marketing the Property. Such use shall be discontinued when
development of the Property as approved herein has been completed as determined by the Village.
19. Park 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 park donations.
Developer agrees to make cash contributions to the Village for conveyance to the Buffalo Grove
Park District to fulfill the obligation of the Property concerning park donations.
20. School 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 school donations.
Developer agrees to make cash contributions to the Village for conveyance to School Districts 102
and 125 according to the criteria of said Title.
21. 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.
22. Conditions Concerning Parks 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
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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.
23. Annexation to the Buffalo Grove Park District. The Owner and Developer agree,at
the request of the Buffalo Grove Park District,to annex any part or all of the subject Property to said
Park District. Said annexation shall be completed within sixty days (60)days of the request of the
Park District.
24. Facilitation of Development. Time is of the essence of this Agreement, and all
parties will make every reasonable effort to expedite the subject matters hereof. It is further
understood and agreed that the successful consummation of this Agreement and the development of
the Property is in the best interests of all the parties and requires their continued cooperation. The
Owner and Developer do hereby evidence their intention to fully comply with all Village
requirements, their willingness to discuss any matters of mutual interest that may arise, and their
willingness to assist the Village to the fullest extent possible. The Village does hereby evidence its
intent to cooperate in the resolution of mutual problems and its willingness to facilitate the
development of the Property, as contemplated by the provisions of this Agreement.
25. Enforceability of the Agreement. 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. I
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26. Term of Agreement. 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.
27. Corporate Capacities. 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.
28. Notices. Any notice required pursuant to the provisions ofthis Agreement 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: Keith Jacobs
Jacobs Homes
700 Osterman Avenue
Deerfield, IL 60015
Copy to: Mr. Lawrence M. Freedman,Esq.
Ash,Anos, Freedman&Logan
77 N. Washington Street, Suite 1211
Chicago, IL 60602
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
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Copy to: William G. Raysa, Esq.
Raysa&Zimmermann, LLC.
22 S. Washington Ave
Park Ridge, IL 60068
29. Default.
a) 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
b) It"is recognized by the parties hereto that there are obligations and
commitments set forth herein which are to be performed and provided by Whispering Lake Estates,
LLC and not by Fred Eychaner. The Village agrees that upon transfer of title of the Property from
Fred Eychaner to Whispering Lake Estates, LLC, Fred Eychaner is exculpated from any personal
liability or obligation to perform the commitments and obligations set forth herein and that the
Village will look solely to Whispering Lake Estates, LLC for such performance,except that to the
extent that Fred Eychaner shall become a developer or shall designate or contract with a developer
other than Whispering Lake Estates,LLC. In that case,Fred Eychaner or the new designee shall be
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subject to the liabilities, commitments and obligations of this Agreement. In the event the
Whispering Lake Estates,LLC defaults in its obligations created under this Agreement,the Village
may,subject to the first sentence of this Section 29.b), enforce such obligations against any owner of
the Property.
30. Liti ate
a) The Owner and Developer,at their cost,shall be responsible for any litigation
which may arise relating to the annexation, zoning and development of the Property. Owner and
Developer shall cooperate with the Village in said litigation but Owner or Developer's counsel will
have principal responsibility for such litigation.
b) The Owner and Developer shall reimburse the Village for reasonable
attorneys'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 Owner or 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.
31. Special Conditions.
a) Variations—The following variations are hereby granted:
(1) Zoning Ordinance
(a) Section 17.40.020.B.— To allow an outside corner side yard
of 25 feet instead of 30 feet on Lot#1.
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(2) DevelopmentOrdinance
(a) Section 16.30.050.A.4. — To allow a cul-de-sac length
exceeding 500'feet;
(b) Section 16.50.050.D.7. — To allow a reduction in the
minimum depth of the sanitary sewer line from the required 6-
foot depth to 5 feet;
(c) Section 16.50.060.B.1.c. — To allow a dead-end watermain
exceeding 600 feet.
b) Tree protection and landscaping—Developer shall obtain approval of the
Village Forester prior to any site grading or removal,relocation or trimming 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.
c) Real estate transfer tax—It is understood and agreed that the Village of
Buffalo Grove levies a real estate transfer tax on all conveyances of real property in the Village.
From and after the execution of this Agreement,any transfer of the Property shall be subject to the
payment of such real estate transfer tax notwithstanding that the Property is not annexed to the
Village.
d) Addresses—It is understood and agreed that upon annexation the Village will
issue new street addresses for buildings on the Property to ensure proper identification for provision
of services,and Owner and Developer shall use said Village addresses in place of current addresses
assigned by Lake County. Owner or Developer is also required to contact the Buffalo Grove Post
Office and submit a change of addresses requesting use of the addresses as assigned by the Village.
e) Security Interest Affecting Title—Owner and Developer represent and warrant
that there are no mortgages,liens or other security interest affecting title to the Property or any part
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thereof.
f) Fire District Reimbursement—Owner shall deposit with the Village the
amount necessary to reimburse the Village for any real estate tax payments made or to be made by
the Village to the Long Grove Fire Protection District concerning the Property pursuant to Section
705/20 of the Illinois Fire Protection Act (70 ILCS 705/20). Said deposit, as determined by the
Village, shall be made by the Owner within sixty(60) days of the date of this Agreement.
g) Well and septic facilities—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 of
wells, septic facilities and underground tanks shall be completed on a schedule as directed by the
Village.
h) Removal of buildings and structures—All buildings,structures(including the
radio towers and appurtenant structures), vehicles and other materials on the Property shall be
removed prior to any site preparation work for the development. 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.
i) Stormwater management parcel—The area labeled as"retention pond"
on Exhibits D and E shall be platted as an outlot on the final plat of subdivision for the Property.It is
understood and agreed that that the Village shall accept ownership of said outlot, which shall be
conveyed in fee to the Village at the request of the Village. All improvements as required by the
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Village shall be completed to the Village's satisfaction prior to conveyance of said outlot to the
Village.
j) Construction access— During the construction of the development approved
by this Agreement, access to the Property for construction vehicles and equipment (including
construction workers'personal vehicles),delivery vehicles and materialmen vehicles("construction
traffic") shall be via Aptakisic Road. Developer shall install signs as directed by the Village to
regulate construction traffic. 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
adjacent properties or any streets adjacent to the Property.
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 on
the day and the year first above written.
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VILLAGE OF BUFFALO GROVE
By
ELLIOTT HARTSTEIN, illage President
ATTEST:
By
VILLAGE CLERK
OWNER: Fred Eychaner
DEVELOPER: WHISPERING LAKES ESTATES,LLC
An Illinois limited liability company
By: JACOBS HOMES, INC., an Illinois
corporation and its sole manager
By:
Its:
Name:
This document prepared by:
Robert E. Pfeil and William G.Raysa
Village of Buffalo Grove
50 Raupp Blvd
Buffalo Grove,IL 60089
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
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EXHIBIT A—Legal Description
Whispering Lake Estates
Jacobs Homes (Eychaner property)
South side of Aptakisic Road west of JCYS facility
Parcel 1 -That part of the northeast'/4 of Section 28,Township 43 North,Range 11 East of the Third
Principal Meridian,described as follows: beginning at a point on the north line of said northeast'/4,
733.37 feet east of the northwest corner thereof, thence south parallel with the west line of said
northeast'/4,335.08 feet;thence east parallel with the north line of said northeast'/4, 130 feet;thence
north 335.08 feet to a point on the north line of said northeast '/4 , 130 feet east of the point of
beginning;thence west on the north line of said northeast '/4 , 130 feet to the point of beginning in
Lake County,Illinois; and,
Parcel 2—That part of the northeast'/4 of Section 28,Township 43 North,Range 11 East of the Third
Principal Meridian,described as follows: beginning at a point on the north line of said northeast'/4,
733.37 feet east of the northwest corner thereof; thence south parallel with the west line of said
northeast '/4, 585.6 feet, more or less,to a point that is 553.26 feet south of the south line of Long
Grove-Aptakisic Road; thence north 88 degrees, 28 minutes, 03 seconds east 678.89 feet; thence
north 569.75 feet,more or less,to a point on the north line of said northeast'/4,thence west on said
north line to the point of beginning(excepting therefrom the following described tracts: (1)that part
of the northeast'/4 of Section 28,Township 43 North,Range 11 East of the Third Principal Meridian,
described as follows:commencing at a point on the north line of said northeast'/4, 1008.3 feet east of
the northwest corner of said northeast %4;thence south parallel to the west line of said northeast'/4,
159.2 feet;thence east parallel to the north line of said northeast'/4,273.64 feet;thence north 159.2
feet to a point on the north line of said northeast'/4,273.64 feet east of the point of beginning;thence
west on the north line of said northwest'/4,273.64 feet to the point of beginning;(2)that part of the
northeast %4 of Section 28, Township 43 North, Range 11 East of the Third Principal Meridian,
described as follows: beginning at a point on the north line of said northeast '/4, 733.37 feet east of
the northwest corner thereof, thence south parallel with the west line of said northeast '/4 , 335.08
feet;thence east parallel with the north line of said northeast'/4, 130 feet;thence north 335.08 feet to
a point on the north line of said northeast'/4, 130 feet east of the point of beginning;thence west on
the north line of said northeast '/4 , 130 feet to the point of beginning, and (3) that part of the
northeast '/4 of Section 28, Township 43 North, Range 11 East of the Third Principal Meridian,
described as follows:beginning at a point on the north line of said northeast'/4, 1281.94 feet east of
the northwest corner thereof;thence south parallel with the west line of said northeast%4,335.08 feet;
thence east parallel with the north line of said northeast '/4 , 130 feet to a line described in warranty
deed recorded as Document 1788878;thence north 335.08 feet to a point on the north line of said
northeast'/4 , 130 feet to the point of beginning;thence west on the north line of said northeast '/4 ,
130 feet to the point of beginning), in Lake County, Illinois; and,
21
Parcel 3—That part of the northeast'/4 of Section 28,Township 43 North,Range 11 East of the Third
Principal Meridian, described as follows:commencing at a point on the north line of said northeast
1/4, 1008.3 feet east of the northwest corner of said northeast'/4 ;thence south parallel to the west line
of said northeast%4,273.64 feet east of the point of beginning;thence west on the north line of said
northeast 1/4;273.64 feet to the point of beginning in Lake County, Illinois; and,
Parcel 4—That part of the northeast%4 of Section 28,Township 43 North,Range 11 East of the Third
Principal Meridian,described as follows: beginning at a point on the north line of said northeast 1/4,
1281.94 feet east of the northwest corner thereof; thence east parallel with the north line of said
northeast %4 , 130 feet to a line described in warranty deed recorded as Document 1788878;thence
north 335.08 feet to a point on the north line of said northeast 1/4, 130 feet east of the point of
beginning; thence west on the north line of said northeast
1/4, 130 feet to the point of beginning in Lake County, Illinois and any adjacent unincorporated
highway.
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 9-acre tract(16249-
16349 Aptakisic Road), on the south side of Aptakisic Road west of the JCYS facility (1700
Weiland Road).
PIN 15-28-200-002 -
PIN 15-28-200-003
PIN 15-28-200-004
PIN 15-28-200-005
23
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VIUAGE OF '
BUFTALO 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 C thru J 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
15th_ day of November , 2005.
3 ,r Village Jerk
By
Deputy Village Clerk