2025-06-16 - Ordinance 2025-073 - AUTHORIZING AN EASEMENT AGREEMENT WITH IMKD 5 LLC, BGA RESIDENTIAL, LLC AND VBG FOR A BUILDING ENCROACHMENT ONTO LOT 5 OF THE CLOVE DEVELOPMENTt
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BUFEAIO
CROVE
WHEREAS the Village of Buffalo Crove is a home rule unit pursuant to the
lllinois Constitution of l97O; and
WHEREAS BCA RESIDENT|AL, LLC, a Delaware limited liabiliry company
("South Parcel Owner"), IMKD 5 LLC, a Delaware limited liability company (,,North
Parcel Owner"), and the Village of Buffalo Crove, lllinois, an lllinois municipal
Corporation ("Village") wish to enter into an easement agreement; and
WHEREAS South Parcel Owner is the fee owner of a parcel of real estate
containing approximately .8485 acres of land located in the Village of Buffalo crove,
consisting of Lot 5 in The Clove Subdivision (the "south parcel"), pursuant to the
final plat of subdivision thereof recorded in the office of the Recorder of Deeds of
Lake County, lL on August 5,2022 as Document No.7924807 and as legally
described in Exhibit A; and
WHEREAS North Parcel Owner is the fee owner of a parcel of real estate
containing approximately ,l.2984 acres of land located in the Village immediately
adjacent and contiguous to the South parcel consisting of Lot 6 in The Clove
Subdivrsion (the "North Parcel") as shown on the portion of the original plat and as
legally described in Exhibit A; and
WHERAS the South Parcel is intended to be donated by South parcel Owner
to the Village and used by the Village as a Village park for certain public events and
programming. Upon the completion of such donation, the Village shall become the
South Parcel Owner; and
WHEREAS North Parcel Owner now desires to construct a building (the
"Building") on the southern portion of the North Parcel to initially be used as a full-
service restaurant. As part of the Building improvements for such initial restaurant
use, North Parcel Owner will build or cause to be built an exterior structural
attachment to the Building to cover an outdoor seating area to be used by
resta urant patrons; and
WHEREAS the Owners acknowledge that a portion of the Outdoor Seating
Area lmprovements encroaches on the South Parcel by approximately Seven (7) feet
approximately as shown on the Site Plan as the "Outdoor Seating Area
Encroachment Area," as more particularly described on the Plat of Easement
attached hereto as Exhibit D Owner now desires to construct a building (the
"Building") on the southern portion of the North Parcel to initially be used as a full-
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oRDtNANCE 202s-O73
AN ORDINANCE AUTHORIZING AN
EASEMENT AGREEMENT WITH IMKD 5 LLC,
BGA RESIDENTIAL, LLC AND THE VILLAGE OF
BUFFALO GROVE FOR A BUILDING
ENCROACHMENT ONTO LOT 5 OF THE CLOVE
DEVELOPMENT
,
service restaurant. As part of the Building improvements for such initial restaurant
use, North Parcel Owner will build or cause to be built an exterior structural
attachment to the Building to cover an outdoor seating area to be used by
restaurant patrons; and
WHERAS the owners acknowledge that the development of the North parcel
with the Building for the initial restaurant use will benefit the Development, the
Owners, the other owners and occupants of the Development and the Village; and
WHEREAS based on the foregoing, the Owners now desire to enter into an
Easement Agreement to memorialize the terms of an easement grant from the
South Parcel Owner to the North parcel Owner to allow North parcel Owner to
construct, maintain, use and operate the outdoor seating area encroaching
improvements upon and subject to the terms and conditions in the Easement
Agreement attached hereto as Exhibit B.
NOW THEREFORE BE lT OROAINED by the President and Board of Trustees of the
Village of Buffalo Crove, Cook and Lake Counties, lllinois, as follows.
sEcrloN l. The foregoing recitals are hereby adopted and incorporated and made a
part of this Ordinance as if fully set forth herein.
SECTION 2. The Corporate Authorities hereby adopt a proper, valid, and binding
ordinance approving an Easement Agreement to allow a building encroachment
from the North Parcel onto the South Parcel, as described herein, subject to the
terms and conditions outlined in the Easement Agreement, and subject to final
review by the Village Attorney.
SECTION 3. lf any section, paragraph, clause or provision of this Ordinance shall be
held invalid, the invalidity thereof shall not affect any other provision of this
Ord ina nce.
SECTION 4. This Ordinance shall be in full force and effect from and after its passage
and approvaland shall not be codified.
AYES:
NAYES:
ABSENT:
PASSED:
APPROVED:
PUBLISHED
Eric N. SmiJaneti rahri;r n, Vi I I a gE Cle rk
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, Village President
6 - Johnson. Richards. Cesario. Ottenheimer. Bocek. Weidenfeld
O - None
O - None
June .16. 2025
June .16. 2025
June .l8. 2025
APPROVED:ATTEST:
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a
Exhibit A
Legal Descriptions of South Parcel (Lot 5) and North parcel (Lot 6)
Lot 5 ofrhe Final Plat of subdivision ofrhe clove, Buffalo Grove, tL, being a subdivision of part ofthe
Southwest Quarter of Section 33, Township 43 North, Range 11 East of the Third principal Meridian, in
take County, lL according to plat thereof recorded in the Office of the Recorder of Deeds for Lake County,
lL on August 5, 2022 as Document No. 7924807.
Lot 6 of The Final Plat of subdivision of The clove, Buffalo Grove, tL, being a subdivision of part of the
Southwest Quarter of Section 33, Township 43 North, Range 11 East of the Third principal Meridian, in
Lake County, lL according to plat thereof recorded in the Office of the Recorder of Deeds for Lake County,
lL on August 5,2022 as Document No.7924807.
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459-250C
Exhibit B
Easement Agreement