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2006-031 i 6019207 5/31/2006 !lllllil lIIII ifilfl!f fflll!lllil Illlf fill lllf FILED FOR RECORD BY: NARY ELLEN VANDERVENTER LAKE COUNTY: IL RECORDER 06/29/2+006 - 0?:41:47 A.M. RECEIPT A: 294072 ORDINANCE NO. 2006 - 31 DRAWER T: 17 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR The Ward Property 23173 N.Prairie Road and 16468 W. Brockman Avenue 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. I(o 5 e 2 AYES: 6 - Braiman, Glover, Berman, Kahn, Trilling, Rubin NAYS: 0 - None ABSENT: None PASSED: June 5 2006 APPROVED: June 5 2006 ATTEST= APPROVED: Vi e Clerk ELLIOTT HARTSTEIN,Village President This doct4it %fi 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 a f ' EXHIBIT A WARD PROPERTY,23173 N.PRAnUE ROAD and 16468 W.BROCKMAN AVENUE (east side of Prairie Road north of Brockman Avenue) Lots 3, 4, 9 and 10 in Block 1 in Sprague's Subdivision being a subdivision of part of the southwest quarter of the southeast quarter of Section 16, Township 43 North, Range 11 East of the Third Principal Meridian, according to the plat thereof, recorded August 8, 1887 as Document 36073 in Book "A"of Plats,Page 66, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 23173 N. Prairie Road and 16468 W. Brockman Ave, Prairie View, IL. 3 6-5-2006 ANNEXATION AGREEMENT Herbert Ward Property 23173 North Prairie Road& 16468 W. Brockman Avenue This agreement (hereinafter referred to as the "Agreement") made and entered into this 5t' day of June,2006 by and between the VILLAGE OF BUFFALO GROVE(hereinafter referred to as "Village")by and through the President and Board of Trustees of the Village(hereinafter collectively referred to as the"Corporate Authorities")and Herbert T. Ward,Jr. as trustee ofthe Herbert T.Ward Trust Agreement dated April 25, 1992 known as Trust Number 1 (hereinafter referred to as "Owner"). 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, Owner is the owner of a certain tract of property(hereinafter referred to as the "Property")comprising 0.66 acres(29,050 square feet)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,the Property is comprised of Lots 9& 10 in Sprague's Subdivision addressed as 23173 N.Prairie Road and known as Lake County real estate parcel PIN 15-16-403-013,with atotal area of 14,523 square feet; and Lots 3 & 4 in Sprague's Subdivision addressed as 16468 W. Brockman Avenue and known as Lake County real estate parcel PIN 15-16-403-014 with a total area 4 2 of 14,527 square feet; and, WHEREAS, the portion of the Property known as 23173 N. Prairie Road is occupied by a single family residence and two detached garage structures as depicted on Exhibit C attached hereto and the portion of the Property known as 16468 W. Brockman Avenue is vacant and undeveloped as depicted on Exhibit D attached hereto; and, WHEREAS, an accurate map of the Property to be annexed, depicting a total area of 0.66 acres, is attached hereto as EXHIBIT B; and, WHEREAS,Owner desires to annex the Property pursuant to the provisions and regulations applicable to the Residential Estate(One-Family Dwelling)District of the Village Zoning Ordinance, including continued use of the existing single-family residence at 23173 N. Prairie Road; and, 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 for the Property 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 held a public hearing and made its recommendation with respect to the requested zoning classification in the Residential Estate District; and, WHEREAS,pursuant to due notice and advertisement,the President and Board of Trustees of the Village held a public hearing concerning the Property with respect to the requested zoning classification in the Residential Estate District, variations of the Village Zoning Ordinance and this 3 Annexation Agreement; 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: 1. Applicable Law. This Agreement is made pursuant to and in accordance with 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. The preceding whereas clauses are hereby made a part of this Agreement. 2. Agreement: Compliance and Validity. 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 Residential Estate District,as contemplated in this Agreement. 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 (0 4 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 an accurate map of the Property to be annexed (attached hereto as EXHIBIT B). 4. Enactment of Zonin Ordinance. Within twenty-one (21) days after the passage of the Annexation Ordinance,the Corporate Authorities shall enact an ordinance zoning the Property in the Residential Estate District subject to the restrictions further contained herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to time. 5. Compliance with Applicable Ordinances. The Owner agrees to comply with all ordinances of the Village of Buffalo Grove as amended from time to time in the use and 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. Owner, in the use and development of the Property, shall comply with the standards set forth in the Village of Buffalo Grove Development 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 use of the Property for the current single-family residence. 6. Exhibits. The following Exhibits, some of which were presented in testimony given by the Owner or the witnesses during the hearings held before the Plan Commission and Corporate Authorities prior to the execution of this Agreement, are hereby incorporated by reference herein, made a part hereof and designated as shown below. t 5 EXHIBIT A Legal Description EXHIBIT B Map of the Property to be annexed EXHIBIT C Plat of Survey—23173 N. Prairie Road [PIN 15-16-403-013] dated as signed by surveyor March 12,2006 and checked April 6,2006 by Greengard, Inc. EXHIBIT D Plat of Survey— 16468 W. Brockman Avenue [PIN 15-16-403-014] dated as signed by surveyor May 3, 2006 and approved April 26, 2006 by Greengard, Inc. EXHIBIT E Lincolnshire agreement concerning water service to the single family residence at 23173 N. Prairie Road 7. Annexation Fee. For any new residential development on the Property,Owner agrees to pay an annexation fee of$700.00 per dwelling unit,which fee shall be payable pro rata at issuance of building permits. This fee,however,shall be paid in full prior to the expiration of this Agreement. 8. Park District Donations. For any new residential development on the Property, Owner agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding park donations. Owner 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. 9. School District Donations. For any new residential development on the Property, Owner agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding school donations. Owner agrees to make cash contributions to the Village for conveyance to School Districts 103 and 125 according to the criteria of said Title. 10. Library District Donations. For any new residential development on the Property, Owner agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as 6 amended from time to time regarding library donations. 11. 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 judgment 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. 12. Annexation to the Buffalo Grove Park District. The Owner agrees,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. 13. 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 does 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. 7 14. 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. 15. 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. 16. 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. 17. Notices. Any notice required pursuant to the provisions of this 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 Owner: Herbert T. Ward,Jr. 107 N. Kenilworth Avenue Mount Prospect,IL 60056-2233 10 8 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Raysa&Zimmermann, Ltd. 22 S. Washington Ave Park Ridge, IL 60068 18. Default. In the event Owner default in performance of their obligations set forth in this Agreement,then the Village may,upon notice to Owner,allow Owner 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 fails to cure such default or provide such evidence as provided above,then,with notice to Owner,the Village may begin proceedings to disconnect from the Village any portion of the Property upon which obligations or development have not been completed.In such event,this Agreement shall be considered to be the petition of the Owner to disconnect such portion of the Property. In addition to the foregoing remedies, the Village may direct the Village of Lincolnshire to disconnect water and sewer service to the Property upon the Village of Buffalo Grove's determination that the owner is in default of the terms of this Annexation Agreement. 19. Special Conditions. A. It is understood and agreed that the Property does not meet certain standards of the Residential Estate zoning district as set forth in Section 17.40.020.B. of the Village Zoning Ordinance.The portion of the Property known as 23173 N.Prairie Road(comprised of Lots 9&10 in Sprague's Subdivision as described in Exhibit A hereto) is hereby granted variations of Section I ( 9 17.40.020.B. to allow the lot area, lot width, front yard and rear yard, as depicted on Exhibit C attached hereto,for continued use of the existing single-family residence.It is understood and agreed that the two detached garage structures do not meet the required setback of five feet from the rear property line for accessory structures as set forth in Section 17.32.020.B. of the Village Zoning Ordinance. Said existing garage structures may remain in place, but any new accessory structures shall comply with applicable Village zoning regulations. B. It is understood that the Owner contemplates an addition to said existing single-family residence at 23173 N.Prairie Road. Said addition is subject to review and approval by the Village in its sole discretion.It is understood and agreed that any new development proposed for the Property other than the current structures depicted on Exhibit C is subject to approval by the Village in its sole discretion. C. Any development of the portion of the Property known as 16468 W. Brockman Avenue is subject to approval by the Village in its sole discretion. It is understood and agreed that said portion of the Property is a single zoning lot comprised of Lots 3 &4 in Sprague's Subdivision as described in Exhibit A hereto. D. The Village hereby authorizes the Owner to obtain water utility service from the Village of Lincolnshire pursuant to the terms and regulations set forth by Lincolnshire to serve the existing single family residence at 23173 N. Prairie Road. The Owner shall disconnect water and sanitary sewer service provided by Lincolnshire upon request from the Village of Buffalo Grove at such time that: I2- 10 1. The Owner sells, transfers or conveys the Property to anyone other than Brenda Fields,daughter; Barbara Murphy,sister;Marion Hoopingarner,sister;Wilma Hartz, sister; Richard Ward, brother; or 2. A permit is issued for a new principal building for the Property or any part thereof. E. It is understood and agreed that upon annexation the Property shall use the street address issued by the Village to ensure proper identification for provision of services. Owner shall use said Village address in place of any addresses assigned by Lake County. Owner shall contact the Buffalo Grove Post Office to request delivery of mail to the address assigned by the Village. F. It is understood and agreed that Prairie Road adjacent to the Property is designated as a collector street on the Village's official transportation map,and a right-of-way of 80 feet is the Village standard for a collector street.In the event that the Property is redeveloped for any new principal building or if the existing single family residence is expanded by more than fifty percent of the current lot coverage,Owner shall dedicate land sufficient to provide a right-of-way of 40 feet from the centerline of Prairie Road adjoining the Property. G. Owner shall deposit with the Village the amount necessary to reimburse the Village for any real estate tax payments made by the Village to the Lincolnshire-Riverwoods 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. L3 5 / 11 H. Owner represents and warrants that the only mortgagee,lien holder or holder of any security interest affecting title to the Property or any part thereof is NA X NA X by its written approval of this Agreement acknowledges that this Agreement is superior to its security interest in the Property. -pR.- Owner represents and warrants that there are no mortgages, liens or other security interest affecting title to the Property or any part thereof. I. The Owner hereby expressly waives any rights to disconnect the Property from the Village. The parties hereto agree that this Annexation Agreement shall represent an affirmative defense to any petition for disconnection of the Property from the village of Buffalo Grove. IN WITNESS WHEREOF,the Corporate Authorities and Owner have caused this instrument to be executed by their respective proper officials duly authorized to execute the same as of the day and the year first above written. VILLAGE OF BUFFALO GROVE By ELLIOTT HARTSTEIN, Village President ATTEST: 'a k-VILLAGE CLERK 12 OWNER: Herbert T. Ward,Jr. as trustee of the Hotbert T.Ward Trust Agreement dated April 25, 1992 known as Trust Number 1 ATTEST: SUBSCRIBED AND SWORN TO BEFORE ME THI DAY OF June, 2006 "MARY "OFFICIAL SEAL" MOM ota Publics FAY RUBIN COAAMISSION Exm S Ol/24/08 This document prepared by: Robert E. Pfeil, Village Planner and William G. Raysa, Village Attorney 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 15 13 EXHIBIT A WARD PROPERTY,23173 N.PRAHUE.ROAD and 16468 W.BROCKMAN AVENUE (east side of Prairie Road north of Brockman Avenue) Lots 3, 4, 9 and 10 in Block 1 in Sprague's Subdivision being a subdivision of part of the southwest quarter of the southeast quarter of Section 16,Township 43 North,Range 11 East of the Third Principal Meridian, according to the plat thereof, recorded August 8, 1887 as Document 36073 in Book"A" of Plats,Page 66, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION:23173 N.Prairie Road and 16468 W. Brockman Ave, Prairie View, IL. 1'