Loading...
1973-024 ORMMANU NO. 73 AN ORDINANCE APPROVING AN ANNEXATION A.GREEKENI� WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove 'Heave heretofo::re he]..(l a pub]..ic hear.i.ng on the question of adapting a certain Annexation Agreement by and between the CHICAGO TITLE & TRUST CO. under Trust No. 53044, Dated 30ne 16, 106a and the VILLAGE OF' BU17FAL0 GROVE; and WHEREAS, due notice of sa.i.d. public hearing was given as required by law; and WHYE'REAS, al]. other.- pub.11c hearings required by law to execute the provisions of said. A.innexat.io'ii. Agreement have been he..ld in the man.n.er provided by lwT; and MHEREAS, the President anA Board of Tinistees have considered said Annexation Agreement and have determi.ned that the of said Annexation Agzeement-.. is 1-ii. the best i..,ji.terests of the Vil]..age c.xf Buffalo Grove, NOW THEREFORE, BE IT ORDAINED BY THE, PRESIDENT AND BOARD OF rRITSTEES OF THE VILLAGE 01? BUFFALO GROVE. SECTION 1. T].-iat a. certai..n Annexation AgreeT.T.1ent by and between the Village of Buffalo Grove, CHICAGO TIT.[�E & TRUST CO. Trustee under Trust No. 53044, dated June 1.6, .1,968, be and it. is hereby approved. A true and correct copy of sa.-i.d Annexat—Lon, Agreement, as approved by the corporate authorities of the Village of Buffalo Grove, is attached hereto an.d made a part hereolf as EXHIBYT "A". SECTION 2. The Village President and the Vil.lage Clerk are hereby autiaori.zed tO axecute said Agreement on beha..1f of th(z V.J.A..Ic-ige of Buffalo Grove. SECTION 3. This ordinance shall. be in full force and. effect from and after its passage and. approval, in tth.e manner provided by law. AYES. NAYS. ABSENT. day of .,',PASSEM AND AIPPROVFD tivis /'R d 4V fireside,I ag(0 rJ Village Clerk A N N E X A T 1 0 N A G R E E M E N T THIS AGREEMENT, made and entered into this day of .704. y I A. D., 1973, by and between the VILLAGE OF BUFFALO GROVE, ILLINOIS, (sometimes for convenience hereinafter referred to as "Village") , by and through the President and Board of Trustees of the Village of Buffalo Grove, (sometimes for con- venience hereinafter collectively referred to as the "Corporate Authorities") , and CHICAGO TITLE AND TRUST COMPANY, as Trustee under Trust Agreement dated June 16, 1968, and known as Trust No. 53044, (sometimes for convenience hereinafter referred to as the "Developer") : W I T N E S S E T H WHEREAS, the Developer is the cKner, has an interest in or controls the real estate comprised of approximately 49 acres, which are identified as Parcel 1 and the legal description of which is set forth on the Plat of Survey, marked "Exhibit A", which is attached hereto and made a part hereof (which real estate for convenience may hereafter be referred to in its entirely as the "Subject Property") , which real estate is contiguous to the cor- porate limits of the Village of Buffalo Grove; and WHEREAS, the Developer desires and proposes, as and pursuant to the provisions and regulations applicable to the M-1 Manufactur- ing District of the Village Zoning Ordinance, to develop subject property with industrial establishments; and WHEREAS, the Developer, after full consideration, recognizes the many advantages and benefits resulting from the inclusion of the proposed development as I an integral part of the Buffalo Grove community, and, therefore, desires to have said real estate annexed to the Village of Buffalo Grove upon certain terms and conditions hereinafter set forth; and -2- WHEREAS, the Corporate Authorities, after due and careful consideration, have concluded that the annexation of said real estate to the Village on the terms and conditions hereinafter set forth would further the growth of the Village, enable the Village to control the development of the area and subserve the best interests of the Village; and WHEREAS, pursuant to notice as required by statute and ord- inance, public hearings were held by the Plan Commission of the Village on the requested zoning classification of subject M-1 Manu- facturing District and recommendations made by said Commission were submitted to the Corporate Authorities; and, WHEREAS, pursuant tothe provisions of Section 11-15.1-1, et seg. of the Illinois Municipal Code (Chapter 24, Illinois Revised Statues, 1971) a proposed Annexation Agreement in substance and in form the same as this Agreement was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by statute. NOW, THEREFORE, in consideration of tYe premises and of the mutual covenants and agreements herein contained, IT IS HEREBY AGREED AS FOLLOWS: 1. OWNER shall contemporaneously with the execution hereof, file with the Village Clerk of VILLAGE a duly executed petition pursuant to and in accordance with the provisions of Section 7-1-8 of Chapter 24 of the Illinois Revised Statutes (1971) , to annex to VILLAGE the property described in the attached certified plats of survey, and VILLAGE hereby agrees to annex the aforesaid property to VILLAGE upon the terms and conditions set forth in this Agreement. It is expressly understood and agreed, however, t1at the aforesaid petition for annexation has been submitted by OWNER in reliance upon the representation of VILLAGE that VILLAGE will adopt such ordinances and amendatory ordinances as may be necessary to validly zone and classify the aforesaid property in the manner hereinafter provided. It is further 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 said premises are so zoned and classified. 2. VILLAGE hereby agrees to adopt and approve, simultaneously with the execution of this Agreement, ordinances m zoning the real property which is involved in this Agreement in accordance with the Preamble hereof and the agreements and terms contained herein. 3. OWNER, acting individually or in concert, or by and through its or their assignees, successors in interest, and such other corporations, firms, joint ventures, or legal entities as may be required, shall cause the properties to be improved subject to the terms and conditions of the zoning ordinances of VILLAGE in effect on the date of this Agreement, except as otherwise agreed herein. 4. VILLAGE agrees to adopt and approve ordinances classifying, under the provisions of its zoning ordinances, the subject property in Exhibit A as M-1 - Manufacturing District- 5. All ordinances of the Village of Buffalo Grove relating to flood plains, storm drainage, utilities, subdivision controls, zoning, official plan and building, housing and related restrictions in effect as of the date hereof, or in the case of a housing code, as it may be subsequently adopted, and as modified by the terms hereof, shall, insofar as they apply to the land which is the subject of this Agreement, continue in effect during the full five-year effective term of this Agreement, which term shall commence as of the date hereof, except with the mutual consent of the parties, but with the exception of regular updating amendments to the BOCA Code, the SBOC Codes, the National Electric Code, the A.I.A. Fire Prevention Code supplemented by the N.F.P.A. volumes, and other similar codes applicable to the development of the subject property -4- by the authors of said codes, with the further exception that the VILLAGE shall be permitted to raise sewer and water rates in accor- dance with the current bond ordinances and contract with the Lake County Department of Public Works. All Engineering standards as set forth in "Exhibit B11 shall be adhered to. If during the term of this Agreement, the provisions of the existing Village ordinances, codes or regulations which may relate to or affect the zoning, subdivision, development, construction of improvements, or appurtenances or any other development of any kind and character upon said property are amended or modified in a manner so as to impose more restrictive requirements in the development, subdivision or construction referred to therein then such more restrictive requirements shall not be effective as applied to said property unless such amendment or modification is agreed to in writing by the Developer. The Developer agrees to comply with the regular updating amendments to the BOCA Code, the SBOC Code, the National Electric Code, the A.I.A. Fire Prevention Code supplemented by the N.F.P.A. volumes, and other similar codes applicable to the development of the subject property by the authors of said codes. If during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of improvements, buildings or appurtenances, or any other development of any kind or character; upon said property are amended or modified in a manner so as to impose less restrictive requirements on development of, or construction upon, properties within the Village generally, then the benefit of such less restrictive requirements shall inure to the benefit of the Developer, and anything to the contrary con- tained herein notwithstanding, the Developer may elect to proceed with respect to the development of, or construction upon, said property upon the less restrictive amendment or modification appli- cable generally to all properties within the Village. 6. It is further agreed that either party to this Agreement, either in law or in equity, by suit, action, mandamus or other pro- ceedings, may enforce or compel the performance of this Agreement. 7, Should any pertinent existing or future enacted resolutions or ordinances of said VILLAGE be in anywise inconsistent with any provision of this Agreement and such acts shall take precedence over such existing or future enacted resolutions or ordinances and shall be binding and valid, and the provisions of this Agreement, under such circumstances, shall constitute lawful and binding amend- ments to the terms of said inconsistent ordinances or resolutions. 8. This Agreement shall be of no force and effect until the ordinances requiring annexation of the subject property and rezoning have been duly enacted by said VILLAGE. 9. If any provisions of this Agreement are held invalid, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 10. VILLAGE shall have the right to enter upon all private streets, alleys, sidewalks and public use areas in said planned development for the purpose of enforcing the ordinances in VILLAGE and the Statutes of the State of Illinois, including, but not by law of limitation, traffic regulations, and VILLAGE may erect such signs as may be necessary to enforce same, and as to fire lanes estab- lished by the VILLAGE. 11. This Annexation Agreement shall be binding upon the parties hereto, successor owners of record of land which is the subject of this Agreement, lessees, and upon any successor municipalities for a period of five (5) years from the date of execution hereof. 12. The Developer agrees, at the request of the Buffalo Grove d'� or all of the Subject Pr7s stri,ct to annex any part _ to District. VIL FAV 0 BY VilUag eside Village Clerk CHICA�Qw�ITLE AND TRUST COMPANY, As Trustee underTrust Agreement dated Ju;i$- .,and known 4 as Tr _asl 4.p ATTRS� SECRETA�?