1978-007 ORDINANCE NO. 78 -
AN ORDINANCE APPROVING PRE-ANNEXATION AGREEMENT AND
DIRECTING EXECUTION THEREOF BY THE PRESIDENT AND
CLERK OF THE VILLAGE OF BUFFALO GROVE (SCHWABEN)
WHEREAS, there has heretofore been submitted to the corporate
authorities of the Village of Buffalo Grove a petition to annex the property
legally described as follows :
Lot 5 (except that part thereof, described as
follows : Beginning on the Westerly Line of said
Lot 5, a distance of 323.98 feet Southwesterly of
the Northwest corner of said Lot 5; thence East on a
Line parallel with the North Line of said Lot 5, a
distance of 315. 10 feet; thence South to a point on
the South Line of said. Lot , said point being 390.08
feet West-of the Southeast corner of said Lot; thence
West along the South Line of said Lot to the Southwest
corner of said Lot ; thence Northeasterly along the
Westerly Line of said Lot to the Place of Beginning,
all in Prairie View Acres , being a Subdivision of
part of the West 1/2 of the Southeast 1/4 of Section
33, Township 43 North , Range 11 East of the Third
Principal Meridian, according to the plat recorded
December 9, 1955 as Document Number 891499 in Book
1405 of Records, page 196, in Lake County, Illinois.
WHEREAS, there has also been submitted to the corporate and
authorities of the Village of Buffalo Grove a Pre-Annexation Agreement
pursuant to statute; and
WHEREAS, proper and due notice of public hearings for zoning on
said Pre-Annexation Agreement have been given and public hearings were held;
and
WHEREAS, it is determined to be in the best interest of the Village
of Buffalo Grove to approve said Pre-Annexation Agreement;
NOW, THEREFORE , BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE:
SECTION 1 . The Pre-Annexation Agreement, copy of which is attached
hereto and made a part hereof as Exhibit "A" is approved.
SECTION 2. The President and Clerk of this 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 in the manner provided by law.
AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NAYES: 0 - None
ABSENT: 0 - None
PASSED AND APPROVED: February 6, 1978.
APPROVED:
Z�e'/�W_Z
Vi lage Presiders
ATTEST:
Village C erk
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ANNEXATION AGREEMENT _
This agreement, made and entered into this day of1���
1978, by and between the Village of Buffalo Grove, an Illinois Municipal Corporation,
Look and Lake Counties, Illinois, (hereinafter referred to as Village), by and
through the President and Board of Trustees of the Village of Buffalo Grove (herein-
after collectively referred to as the "Corporate Authorities"), and Schwaben Verein,
an Illinois Not-For-Profit Corporation and Schwaben Athletic Club, an Illinois
Nat-For-Profit Corporation (hereinafter referred to as "Owner/Developer"),
WITNESSETH
WHEREAS, The Owner/Developer is the owner of the real estate comprised
of approximately 8 acres, description of which is set forth on the Plat of Annexation,
marked Exhibit "A" which is attached hereto and made a part hereof (real estate, for
convenience, may hereafter be referred to in its entirety as the "Subject Property")
and which real estate is contiguous to the corporate limits of the Village of Buffalo
Grove; and
WHEREAS, The Owner/Developer desires and proposes, as an pursuant to the
provisions and regulations applicable to the District of the Village Zoning Ordinance,
to develop the Subject Property, in accordance with and pursuant to a certain concept
plan prepared by Joe Gehard, and dated ( January 23, 1978 ) which proposed
concept plan marked Exhibit "G" is attached hereto and made a part hereof; and
subject to the ordinances, codes and regulations of the Village; and
WHEREAS, Pursuant to the provisions of Section 11-15, 1-1 et Seq. of the
Illinois Municipal Code (Chapter 24, Illinois Rev. Statutes, 1974), a proposed
annexation agreement in substance and in form the same as this agreement was sub-
mitted to the Corporate Authorities and a public hearing was held thereon pursuant
to notice as provided by statute; and
4'HEREAS, Pursuant to due notice and advertisement in the manner provided
by Lew, the Plan Commission of the Village has had such public hearings prescribed
by Lew with respect i.o the requested zoning classification of R-7,with a special
use for a privately owned recreation building for the Subject property, and
recommendations made by said Commission uare submitted to the Corporate Authorities;
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Now therefore, in consideration of the prenises and nutual covenants
and agreements hereinafter set forth, the parties hereto agree as follows:
1. This agreement is made pursuant to and in accordance with the
provisions of Sec. 11-15.1-1 et Seq. of the Illinois Municipal Code (Chapter 24,
Illinois Revised Statutes, 1974).
2. The Owner/Developer has filed with the Village Clerk of the Village,
a petition pursuant to and in accordance with the provisions of Section 7-1-S of
the Illinois Municipal Code (Illinois Revised Statutes Chapter 24, Sec. 7-1-8)
conditioned on the execution of this agreement, with the terms and provisions
contained herein to annex the Subject Property to the Village of Buffalo Grove.
It is understood and agreed that this agreement in its entirety, together with the
aforesaid petition for annexation shall be null and void and of no force and
effect unless the Said Property is validly zoned and classified under the Village's
Zoning Ordinance.
3. The Corporate Authorities, within 75 days of the execution of this
agreement, will enact an ordinance annexing the Subject Property to the Village.
4. Immediately after the passage of the ordinance annexing the Subject
Property, as provided in paragraph 3 hereof, the Corporate Authorities shall adopt
the proper ordinance zoning and classifying the Subject Property in the R-7 Zoning
District with a special use for a privately owned recreation building.
5. The Corporate Authorities agree to approve final plats of units or
phases of the development and plats of subdivision thereof and issue building permits
based upon final versions of plans and drawings of those matters within the Plan of
Development under submission by the Developer, provided that such final documents -
(1) Conform to the concept plan
(2) Conform to the terms of this agreement and all applicable Village
ordinances in effect from time to time except as amended pursuant °
to this Agreement.
6. if the Owner/Developer desires to make changes in the concept plan as
herein approved, the parties agree that such changes in the concept plan will require
the submission of amended plats or plans, together with Proper supporting documenta-
tion, to the Plan Commission and the Corporate Authorities to consider such changes
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to this Agreement which would allow the desired changes to the concept plan. The
Corporate Authorities rroy, at their sole discretion, require additional public
hearings, and may review and change the commitments of record contained In this
document, Including, but not limited to fees, prior to final consideration of any
change in the concept plan.
7. The Owner/Developer agrees to tap onto the Village water system for
potable water and to pay to the Corporate Authorities fees for such tap ons in
accordance with the applicable Village ordinances at the time of the issuance of
the water and sewer permits. Water mains serving the property shall be installed
by Owner/Developer, and maintained by Owner/Developer. Owner/Developer may use
the existing well for potable water until municipal water Is available to tap on
to. Existing well, on the premises, may be used for non-potable use,.
8, The Owner/Developer agrees to provide a twenty (20) foot easement
along the length of the North property line and continue South on the East side
for about' 240 feet of the subject property. Said easement will be used for water,
sanitary and storm drainage.
9. The Owner/Developer agrees to install a five (5) foot sidewalk along
on Right of Way on Welland Road, extending approximately three hundred Fifty (350)
feet.
10. The following exhibits which were presented in testimony given by
the Owner/Developer during the hearings held prior to the execution of this Agreement,
are hereby made 3 part hereof. Said exhibits shall be kept on file by the Village
Clark and will be available for inspection by the parties hereto. Owner/Developer
will comply with any and all requirements of said Exhibits.
Exhibit A Plat of Annexation
Exhibit B Petition for Annexation
71
Exhibit C Layout of Existing Structures
Exhibit D Preliminary Clubhouse Plans
Exhibit E Village Engineering Standards as set forth in "A Manual
of Practice for the Design of Public Improvements in the
Village of Buffalo Grove"
Exhibit F - Administrative Order #2
Exhibit G - Concert Plan
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11. The Corporate Authorities agree to cooperate with the Developer
In obtaining such permits from Governmental agencies having jurisdiction. The
Owner/Developer shall construct on-site sanitary sewers and storm sewers as
appropriate to service the Subject Property.
12. Owner/Developer agrees to pay to the Village an annexation fee
In an amount equal to $100.00 per dwelling unit, or structure payable at the time
the building permit for each respective building in the Development is issued.
13• The Owner/Developer shall comply with the requirements set forth
In regular updating amendments to the BOCA Code, the Suburban Building Officials
Code, the National Electrical Code, AIA 'ire Prevention Code, supplemented by
NFPA Volumes by the authors of said codes. The Owner/Developer shall cause the
standards set forth in the "Village of Buffalo Grove Engineering Standards", a
copy of which, marked Exhibit "E" is attached hereto and made a, part hereof, to
be met in the construction of the project.
14. The Owner/Developer agrees that all streets (private or public)
are to be constructed in accordance with Village Standards, as noted in Exhibit "E".
15, Owner/Developer will submit building (and landscaping) plans for
approval by the Appearance Commission (and the Village Board) before commencing
construction of buildings as required under Village Ordinance No. 72-I2.
16. The Owner /Developer agrees, at the request of the Buffalo Grove
Park District, to annex any part or all of the property to said Park District.
17. The Owner/Developer agrees to pay all fees or charges relating
to the annexation, zoning, development and construction of the subject premises
In effect as of the time of the issuance of the applicable permit. Owner/Developer
shall also pay the Village the applicable Lake County fees and filing fee.
18. In lieu of any bonds or deposits required for public improvements
under a subdivision ordinance of the Village, the Developer may, at its election,
furnish to the Village an irrevocable letter of credit issued by a sound and
reputable banking or financial institution authorized to do business in the State
of Illinois, or other security mutually agreed upon, in an amount equal to the
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amount of bonds or deposits required by Bald subdivision ordinance. Said irrevocable
letter of credit or other security shall be limited to the amounts required for
public improvements (including sanitary sewers, storin sewers, water mains, storm
water retention facilities, streets, curbs, sidewalks, parkway trees and street
lights) in those areas of the Subject Property which have received final subdivision
epproval by the Village. The letters of credit or other security shall be in
effect for the time required for bonds or deposits under the subdivision control
ordinance. It is agreed that any bonds, deposits, letters of credit or other
security may be reduced in amount from time to time as the public improvements
assumed by such security are completed. Approvals of such performance guarantees
shall be in accordance with the attached Exhibit "I"' regarding performance guarantees.
19. It is agreed by the parties hereto that time is of the essence of
this agreement, and that all parties will make every reasonablee effort to expedite
the subject matters hereof. It is further understood and agreed by the parties
that the successful consursation of this agreement and the development of the Subject
Property in a manner in the best interests of all parties requires their continued
cooperation; and 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 Corporate Authorities do hereby evidence their intent for
continued cooperation in the resolution of mutual problems and their willingness
to facilitate the development of the subject property as contemplated by the
provision hereof.
20. it is understood and agreed by the parties to this agreement that
the several provisions of this agreement are separable, and that if any Court of
competent jurisdiction shall adjudge any provision of this agreement to be invalid
or unenforceable, then such judgment shall not affect any other provision of this
agreement.
21. 7er+m of Agreement - This Agreement will be binding on both Parties
for a term of 10 years from the date of its execution.
22. If the terms of this Agreement are not carried out by either party,
the land may revert to R-1 zoning and/or shall be disconnected from the Village. if
the Village Board so desires. This annexation agreement shall act ns a petition
to disconnect.
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23. This agreement shall be binding upon the parties hereto, their
respective successors and assigns.
24. The uses permitted on the site will allow for conducting festival
activities in outside temporary structures. Said temporary structures shall not
be in place for more than sixteen (16) weeks in any one (1) calendar year period.
25. Not:ces or other writings which arty party is required to. or may
wish to, serve upon any other party in conoection with this agreement shall be in
writing and shall he delivered personally or sent by certified or registered mail,
return receipt requested, postage prepaid, addressed as follows:
(a) If to the Village or Corporate Authorities:
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, Ililnols S0090
(b) If to Schwaben Verein cr Schwaben Athletic Club:
Schwaben Verein
Schwaben Athletic Club
Route 1, Box 68E
Prairie View, Illinois 60069
26. The parties acknowledge and agree that the individuals who are members
of the group constituting the Corporate Authorities are entering into this agreement
in their official capacity as members of such group and shall have no personal
liability in their individual capacities.
IN WITNESS WHEAEOF, the Corporate Authorities and Owner/Developer have
caused this instrument to be executed by their respective proper officers duly
authorized to execute We same on the day and year first written above.
ATTEST: Schwaben Athletic Club
-P C i,A�o-
--4—re-taLy President Sc�hwaben Athletic
Schw4ben Verein
, —Secretary President an V ein
Village of Buffalo Gro
llaqt: Clerk -PresidentVillage of Bd-ffalo Grove
i