1973-035 ORDINANCE NO. 7,9
AN ORDINANCE APPROVING PRE-ANNEXATION AGREEMENT
AND DIRECTING EXECUTION THEREOF BY THE PRESIDENT
AND CLERK OF THE VILLAGE OF BUFFALO GROVE
WHEREAS, there has heretofore been submitted to the
corporate authorities of the Village of Buffalo Grove a
petition to annex the property described as :
The West 175 feet of the East 570 feet of
the South 249 feet (except the South 50
feet thereof) of the East 1/4 of Section 5,
Township 42 North, Range 11, East of the
Third Principal Meridian in Cook County,
Illinois, and
WHEREAS, there has also been submitted to the corporate
authorities of the Village of Buffalo Grove a Pre-Annexation
Agreement pursuant to statute, and
WHEREAS, proper and due notices of public hearings for
zoning and on said Pre-Annexation Agreement have been given and
public hearings were had, 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
where is attached hereto and made a part hereof as EXHIBIT A.
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 : NAYS : 0 ABSENT: 0
ABSTAIN: 1
PASSED THIS DAY OF 1973.
APPROVED •
esident
rl
ATTEST:
Clerk
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this —4�s T
1973, by and between the Village of Buffalo Grove, Illinois, (some-
times for convenience hereinafter referred to as "VILLAGE") , by and
through the President and Board of Trustees of the Village of Buffalo
Grove (sometimes for convenience hereinafter collectively referred
to as the "Corporate Authorities"), and CHARLES N. MITCHELL as
owner and STANLEY B. LIEBERMAN as purchaser under that certain
contract dated April 12, 1973, by and between CHARLES N. MITCHELL
and STANLEY B. LIEBERMAN (hereinafter collectively referred to as
the "Owners").
WITNESSETH:
WHEREAS, the Owners are the owner of record and purchaser
of the real estate (hereinafter referred to as the "Property") ,
comprised of land partly within and partly outside the Village, and
legally described in the attached and incorporated EXHIBIT A, which
real estate is contiguous to the corporate limits of the Village; and
WHEREAS, Owner is desirous of developing both parcels in
B-1 Limited Retail District with office and limited retail buildings
(hereinafter referred to as the "Project"), in substantial accordance
with the attached proposed plan of development incorporated herein
as EXHIBIT B, dated May lb, 1973, and captioned as "Plan of Development",
together with the proposed building drawings as per EXHIBIT "C" which
exhibit is made a part hereof, said plan of development and building
plans being hereinafter collectively referred to as the "Plan of
Development; and
WHEREAS, the Owner, after full consideration, recognizes
the many advantages and benefits resulting from the inclusion of
the Project as an integral part of the Buffalo Grove community,
and, therefore, desires to have the portion outside the Village
annexed to the Village upon the terms and conditions hereinafter
set forth; and
WHEREAS, the Corporate Authorities, after due and careful
consideration, have concluded that the annexation of the part of said
real estate outside the Village and the Development of both parcels as
a unit on the terms and conditions hereinafter set forth would further
the growth of the Village, enable the Village to control the develop-
ment of the area and subserve the best interests 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 Revised
Statutes, 1971), a proposed Annexation Agreement in substance and
in form the same as the 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 notice as required by statute and
ordinance, public hearings (which included review of the Plan of
Development) were held by the Plan Commission of the Village on
the request from the Owner to have the Property not now in the
Village annexed to the Village, and the whole property developed as a
unit under the zoning classification of B-1, Limited Retail District;
and favorable recommendations from said Plan Commission were submitted
to the Corporate Authorities;
NOW, THEREFORE, in consideration of the premises and of
the mutual covenants and agreements herein contained, IT IS HEREBY
AGREED AS FOLLOWS:
1 - This Agreement is made pursuant to and in accordance
with the provisions of Section 11-15.1-1, et seq., of the Illinois
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Municipal Code (Chapter 24, Illinois Revised Statutes, 1971).
2. The Owner has filed with the Village Clerk, a proper
Petition conditioned on the execution of this Agreement with the
terms and Provisions contained herein, to annex the parcel not in the
Village to the Village of Buffalo Grove.
3, The Corporate Authorities, immediately upon the execution
of this Agreement, will enact an ordinance annexing the Property to
the Village.
4. The Corporate Authorities, immediately after the passage
of the annexing ordinance as provided in Paragraph 3, shall enact and
adopt the proper ordinance or ordinances zoning and classifying the
Property within the B-1, Limited Retail District, and further adopt
a zoning variance for the parcel already in the Village allowing a
twenty (20) foot front yard on same; in accordance with*the Plan of
Development as that Plan of Development has heretofore been approved
by the Plan Commission and as described in attached EXHIBIT B subject
to the limitations and restrictions contained herein.
5. Subject to paragraph 18 (dedication and Xecoupment),
Owner agrees to install all onsite and offsite sanitary sewer service
facilities necessary for service to the Project. Owner will pay all
fees and charges as set forth in Village ordinances now in effect and
any : future amendments thereto. Said fees, except monthly service
charges, shall be payable prior to issuance of any building permits.
The Corporate Authorities agree to coopexate with the Owner in obtaining
such Permits from governmental agencies having jurisdiction as may be
necessary to authorize such connections from the project to the Village
System.
6. The Corporate Authorities will approve and issue building
permits upon final Plat approval as required by Village Ordinances.
Final, plat shall substantially conform to (i) the plan of Development
as herein defined and (ii) all applicable Village ordinances and
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rules and regulations thereunder in effect as of the date of this
agreement and as amended.
7. If the Developer for some reason desires to make changes
in the Development Plan as herein approved, the parties agree that
any substantial change in the Plan of Development will require
submission of amended plat or plans, together with proper supporting
documentation, for approval. The Plan Commission and the Corporate
Authorities shall hold such hearings as are required by Statutes and
Village ordinances.
8. All ordinances of the Village of Buffalo Grove relating
to 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
Property, continue in effect during the full five year effective
term of this Agreement, except that the Village shall have the right
to update the BOCA Code, the Suburban Building Officials Code,
National Electrical Code, and AIA Fire Prevention Code supplemented
by NFPA Volumes, and other similar codes.
9. It is understood and agreed by the parties hereto that
time is of the essence of this Agreement, and that all parties will
make every reasonable effort, to expedite the subject matters hereof;
it is further understood and agreed by the parties that the successful
consummation of this Agreement requires their continued cooperation.
10. During the term of this Agreement, the Village shall
not increase or supplement any of its fees with respect to annexation
zoning, development, construction, and use of the Project; provided,
building permit fees may be increased from time to time (but not more
than five percent in any one calendar year) in an amount not to exceed
an aggregate increase over the term of this Agreement of twenty-five
percent over the current fee as of the effective date of this Annexation
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Agreement, so long as building permit fees are applied consistently
to all building permit applicants throughout the Village except as
modified by Annexation Agreements. It is expressly understood that
such limitations shall not apply to sewer and/or water fees and
charges.
11. Owner grants to the Village the right and authority
to enter upon private portions of the Property for the purpose of
enforcing all Village ordinances and State statutes.
12. Owner, covenants for himself, his personal representatives,
beneficiaries, successors and assigns, that the property will be improved
only as provided in this Agreement; that no tavern or cocktail lounge
shall be permitted; sales of intoxicating beverages shall be permitted
via package stores not for consumption on premises where sold; that
no restaurant, convenient type food store, drive-in or 'carry-out food
establishment shall be on premises; that no building on said premises
shall exceed one story in height; that no retail establishment shall
remain open after 10:00 P.M. ; that screenings as per Exhibits shall
be permanently maintained and replaced when necessary; and that
deliveries to retail establishments shall be regulated so as not to
disturb right of quiet enjoyment of adjacent owners.
13. Except as otherwise set forth herein, this Agreement
shall be binding upon the undersigned parties, and their respective
personal representatives, successors and assigns for a full term of
five years commencing as of the date of this Agreement is executed,
as provided by statute.
14. If any provision of this Agreement is 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.
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15. It is understood and agreed by the parties that the
successful consummation of this Agreement and the development of the
Property in a manner in the best interest of all parties requires
their continued cooperation; and the Owner does hereby evidence its
intention to fully comply with all Village requirements, its willing-
ness to discuss any matters of mutual interest that may arise, and
its willingness to assist the Village and to meet all reasonable
requests of the Village to the fullest extent possible; and the
Corporate Authorities do hereby evidence their continued cooperation
in the resolution of mutual problems and their willingness to
facilitate the development of the Property as contemplated by this
Agreement within the limitations imposed on them by the responsibil-
ities of their offices and the laws of this State and the ordinances
of the Village.
16. Sanitary sewer mains and facilities serving the
Project, upon installation by Owner, shall (except for service
connections to building) be dedicated to and accepted by the Village
as a part of the Village sanitary sewer system and thereafter shall
be maintained by the Village; and Owner then shall grant to the Village
easements necessary to provide maintenance access on, over and across
appropriate portions of the property.
17. Water mains and facilities both onsite and offsite
necessary to service the Project shall be installed by Owner. Upon
installation, such mains and facilities (except for service connections
to buildings) shall be dedicated to and accepted by the Village as a
part of the Village water main system and thereafter shall be maintained
by the Village; and Owner then shall grant to the Village those ease-
ments deemed reasonably necessary to Provide maintenance access on,
over and across appropriate portions of the Property, including ease-
ments for flood prevention maintenance and improvement work.
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To the extent the Village may require any ovexsizing of
water or sewer mains, to the extent of costs reasonably attributable
to such ovexsizing, whether onsite or offsite, Owner shall be entitled
to recoup such ovexsizing costs, together with interest thereon at an
annual rate of eight (8%) percent from the date of completion of
installation, from other benefited property owners. The Village shall
pass the necessary ordinances to ensure such recoupment, including
interest but does not guaranty recoupment, and shall have no personal
obligation to pay fox same.
18. The Owner agrees to provide a sidewalk (as per
village standards) along the Southern line of the property in question
as set foxth and proposed in Exhibit C attached hereto and made a part
hereof. Such sidewalk shall be installed within six months after
completion of the project proposed herein, but not later than 5 years from date hereof.
Each of the parties hereto shall have the right to enforce- r
ment of the provisions hereof by appropriate court actions.
IN WITNESS WHEREOF the Paxties hereto have hereunto set
their signatures and seals this day and year fi ove it en.
V LLAG OF AL
By:
ATTEST: P sident
r�
Clerk
CHA LES MITCHELL, as Owner and
ST Y LIEBERMAN, as Purchaser
under at certain contract dated
April 12, 1974
Char es N. Mitchell
S;ranley B. Lieberman
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P R 0 P E R T Y
PARCEL A.
Lot A in Arlington Addition to Buffalo Grove,
being a subdivision in Sections 4 and 5,
Township 42 North, Range 11, East of the
Third Principal Meridian, in Cook County,
Illinois.
PARCEL B.
The West 175.0 feet of the East 570.0 feet
of the South 249.0 feet (except the South
50.0 feet thereof) of the Southeast quarter
of Section 5, Township 42 North, Range 11
East of the Third Principal Meridian, in
Cook County, Illinois.
The Parties hereto agree that the properties described
in Exhibit A which Exhibit includes the real estate described
in Village Ordinance 73-10, shall be considered as one parcel
and one development; provided however, the more restrictive
covenants in the combined agreement shall be applicable.
EXHIBIT A