1996-58Resolution No. 96 - 58, -
A Resolution Approving a
Utility Connection Deferral Agreement
for the PowerNail Property
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the
Illinois Constitution of 1970.
WHEREAS, the Village has received a request from the owner of the PowerNail
Property to defer connection of the existing buildings and structures on said property to
the Village's water and sewer facilities.
NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS:
Section 1. That the "Utility Connection Deferral Agreement for the
PowerNail Property which is attached hereto as Exhibit "A ", be and hereby is
approved and the Village President and Village Clerk are hereby authorized. to execute
said Agreement.
Section 2. That the PowerNail Property is the real property legally described
on Exhibit "A" to the Agreement attached hereto.
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
ABSENT: o None
PASSED: December 16. 1996
APPROVED: December 16 1996
Sidney H. Mathias
Village President
ATTEST:
Village Clerk
�t>
This Document Prepare y:
Steven M. Elrod
Burke, Weaver & Prell
55 West Monroe Street
Suite 800
Chicago, IL 60603
After Recording Return To:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, Illinois 60089
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UTILITY CONNECTION DEFERRAL
AGREEMENT FOR THE POWERNAIL PROPERTY
THIS UTILITY CONNECTION DEFERRAL AGREEMENT, dated as of the 16thday of
December , 1996, by and between the VILLAGE OF BUFFALO GROVE, a municipal
corporation created and existing under the laws of the State of Illinois, 50 Raupp Boulevard,
Buffalo Grove, Illinois 60089 (the "Village "); and COLE TAYLOR BANK, not individually, but as
Trustee under Trust Agreement dated February 8, 1995, and known as Trust No. 95 -4005 (the
'Trust "), and EDGAR P. ANSTETT, 209 Rivershire Lane, Unit 206E, Lincolnshire, Illinois 60069
( "Anstett ") (the Trust and Anstett are sometimes hereinafter collectively referred to as the
"Owner ").
WITNESETH:
WHEREAS, the Trust is the legal owner and Anstett is the beneficial owner of certain real
property situated in the Village of Buffalo Grove, County of Lake, State of Illinois, and legally
described on Exhibit A attached hereto and by this reference incorporated herein (the "Subject
Property "); and
WHEREAS, the Subject Property was annexed to the Village pursuant to Village
Ordinance No. 94 -33, approved by the corporate authorities of the Village on.June 6, 1994, and
recorded in the Office of the Lake County Recorder of Deeds on August 25, 1994, as Document
No. 3584830; and
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WHEREAS, pursuant to Section 17.16.030 of the Village Zoning Code, the Subject
Property was automatically zoned in the Village's Residential Estate (RE) District upon its
annexation to the Village; and
WHEREAS, the Owner filed an application to rezone the Subject Property to the Village's
Industrial (1) District; and
WHEREAS, pursuant to Village of Buffalo Grove Ordinance No. 96- 95 , adopted by the
corporate authorities of the Village on December 16, 1996, the Village rezoned the Subject
Property to the Village's Industrial (1) District; and
WHEREAS, the water supply for the Subject Property currently is provided for by a private
well on the Subject Property that is owned and operated by the Owner (the "Private Well
Facilities "); and
WHEREAS, sewage disposal for the Subject Property currently is provided for by a private
septic system on the Subject Property that is owned and operated by the Owner (the "Private
Septic Facilities "); and
WHEREAS, in accordance with applicable Village codes and requirements, the Village has
requested that the Subject- Property be connected to the Village's sanitary sewer system (the
"Village. Sanitary Sewer System ") and to the Village's water supply system (the "Village Water
System "); and
WHEREAS, notwithstanding any code, ordinance, or other requirement that may provide
otherwise, the Village has agreed to allow the Owner to defer the connection of the Subject
Property to the Village Sanitary Sewer System and the Village Water System pursuant to the
terms and conditions of this Agreement:
NOW, THEREFORE, in consideration of the foregoing, other good and valuable
consideration, and the covenants and agreements hereinafter set forth, the receipt and sufficiency
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of all of which are hereby acknowledged by the Village and by the Owner, the Village and the
Owner covenant and agree as follows:
Section 1: Recitals. The foregoing recitals are incorporated herein as if fully set forth.
Section 2: Deferral of Sanitary Sewer Connection Requirement. The Village hereby
defers, for the temporary period set forth herein, any and all otherwise applicable Village Sanitary
Sewer System connection requirements for the Subject Property until the earlier to occur of (i) the
date that is seven years from the date of this Agreement, or (ii) the date on which the Village
determines that the Private Septic Facilities have become an endangerment to the public health
and welfare (the "Sanitary Sewer Deferral Period "). Upon the expiration of the Sanitary Sewer
Deferral Period, the Owner shall promptly connect the Subject Property to the Village's Sanitary
Sewer System in compliance with all applicable Village codes, ordinances, and requirements.
Section 3: Deferral of Water Supply Connection Requirement. The Village hereby
defers, for the temporary period set forth herein, any and all otherwise applicable Village Water
Supply System connection requirements for the Subject Property until the earlier to occur of
(i) the date that is seven years from the date of this Agreement, or (ii) the date on which the
Village determines that the Private Well Facilities have become an endangerment to the public
health and welfare (the "Water Supply Deferral Period "). Upon the expiration of the Water Supply
Deferral Period, the Owner shall promptly connect the Subject Property to the Village Water
Supply System in compliance with all applicable Village codes, ordinances, and requirements.
Section 4. Voluntary Connection. Nothing in Sections 2 or 3 of this Agreement shall
prohibit the Owner, at its sole discretion, from voluntarily connecting the Subject Property to the
Village Sanitary Sewer System and /or the Village Water Supply System prior to the expiration
of the Sanitary Sewer Deferral Period_ or the Water Supply Deferral Period.
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Section 5. Sewerage Incineration Prohibited. From and after the date of this
Agreement, no sewerage incineration shall be allowed on the Subject Property.
Section 6. No New or Expanded Plumbing Facilities. Neither expansion of the
existing plumbing facilities (water and sewer) nor entirely new and different plumbing facilities
shall be allowed on the Subject Property without connection to the Village Water Supply System
and the Village Sanitary Sewer System; provided, however, that this Section shall not apply to
replacement or repair of the existing plumbing facilities serving the existing buildings on the
Subject Property.
Section 7. Apple Hill Lane. The Owner acknowledges and agrees that no connection
shall be allowed from the Subject Property to the road known as Apple Hill Lane, located adjacent
to the Southeast corner of the Subject Property, without the Village's prior approval.
Section 8. Liability and Indemnity of Village.
A. No Liability for Village Deferral. The Owner acknowledges and agrees (1) that the
Village is not, and shall not be, in any way liable for any damages or injuries of any kind that may
be sustained as the result of the deferral by the Village of the Village Sanitary Sewer System
connection requirements or the Village Water Supply System connections requirements, or as
the result of the continued use by the Owner of the Private Septic Facilities and the Private Well
Facilities during the Sanitary Sewer and Water Supply Deferral Periods; and (2) that the Village's
deferral of the Sanitary Sewer System and Water Supply System connection requirements does
not, and shall not, in any way, be deemed to insure the Owner, or any of its heirs, successors,
assigns, tenants, or licensees, or any third party, against any damage or injury of any kind at any
time.
B. Indemni . The Owner agrees to, and does hereby, hold harmless and indemnify
the Village, the Village's corporate authorities, all Village elected and appointed officials, officers,
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employees, agents, representatives, and attorneys, from any and all claims that may, at any time,
be asserted against any of such parties in connection with the deferral by the Village of the
Sanitary Sewer System and Water Supply System connection requirements, or the use by the
Owner of the Private Septic Facilities and the Private Well Facilities during the Sanitary Sewer
and Water Supply Deferral Periods.
Section 9: Remedies. It is agreed that the parties hereto may, in law or equity, by
suit, action, mandamus, or any other proceedings, including specific performance, enforce or
compel the performance of this Agreement.
Section 10: Amendment. This Agreement shall not be modified, changed, altered,
amended, or terminated, except by written consent of all of the parties hereto. The Village's
written consent shall be by resolution duly adopted by the Village corporate authorities.
Section 11. Severability. If any provision, covenant, agreement, or portion of this
Agreement or its application to any person, entity, or property is held invalid, such invalidity shall
not affect the application or validity of other provisions, covenants, agreements, or portions of this
Agreement that can be given effect without the invalid provisions or applications, and to this end,
the provisions, covenants, and agreements in this Agreement are declared to be severable.
Section 12. Term. This Agreement shall run with and bind the Subject Property in
perpetuity, and shall inure to the benefit of and bind and be enforceable by the Village and the
Owner and each and any of their respective permitted legal representatives, heirs, grantees,
successors, and assigns.
Section 13. Recordation. The Owner shall, at its sole cost and expense, record this
Agreement against the Subject Property in the offices of the Lake County and Cook County
Recorder of Deeds.
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Section 14. Entire Agreement. This Agreement constitutes, and is a full integration
of, the entire agreement of the parties hereto.
Section 15. Effective Date. This Agreement shall be effective as of the date and year
first above written.
IN WITNESS WHEREOF, the parties hereto have executed or have caused this
instrument to be executed by their proper officers duly authorized to execute same.
ATTEST:
Vpage GlerK
This agreement is signed by COLE TAYLOR BANK not
Individually but solely as Trustee uqor a rtgn
Trust Agreement known as Trust No
Said Trust Agreement is hereby made a part hereof and any
claims against said Trustee which may result from the signing
of this Agreement shall be payable only out of any trust
property which may be held thereunder, and said Trustee shall
not be personally liable for the performance of any of these terms
and conditions of this agreement or for the validity or condition .
of the two of said property or for any agreement with respect
thereto. Any and all personal liability of COLE TAYLOR BANK
Is hereby exjk WEWd by the parties hereto and their
respectin successors assigns:
Attest: Tru t Officer
ATTEST:
COLE TAYLOR BANK not individually
but as Trustee under a Trust
Agreement dated February 8 1995
and known as Trust No. 93 -WO05
By:
Asst. Vic President
EDGAR P. ANSTETT
"-I 1 7 -- - U
STATE OF ILLINOIS)
COOK ) SS
COUNTY OF 6W*E )
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I, Mary Marek , a Notary Public in and for said County, in the State
aforesaid, do hereby certify that Mario y. Gotanco , personally known to me to be
the Asst. vice President of Cole Taylor Bank, not individually but as Trustee under a
Trust Agreement dated February 8, 1995 and known as Trust No. 95 -4005, and Linda L. Horcher
personally known to me to be the Trust officer of said Trust, appeared before
me this day in person and acknowledged that as such Asst. vice President and
Trust Officer , they signed and delivered said instrument as their free and
voluntary act and as the free and voluntary act of the Trust for the uses and purposes therein set
forth.
Given under my hand and official seal this 13thday of December , 1996.
"OFFICIAL SEAL"
MAR'( MAREK
Notarl Public, State Of Blinois
My Commission Expires 09104199
My Commission Expires:
(SEAL)
qt4,ul �"bl -
Notary Public
•
STATE OF ILLINOIS SS
COUNTY OF LAKE ,
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1, Roberta Freed a Notary Public in and for said County, in the State
aforesaid, do hereby certify that Sidnay H. Mathias , personally known to me to be
the President of the Village of Buffalo Grove, and Jane L. Olson , personally
Deputy
known to me to be the Village Clerk of said Village, appeared before me this day in person and
acknowledged that as such President and Village Clerk, they signed and delivered said
instrument as their free and- voluntary act and as the free and voluntary act of the Village of
Buffalo Grove for the uses and purposes therein set forth.
Given under my hand and official seal this 6th day of january , 1997.
Notary Public
My Commission Expires:
(SEAL)
OFFICIALASEAL
ROBERTA FREED
NOTARY PUBLIC STATE OF ILLINOIS
MY COMMISSION EXp. FEB.10,2W
•
STATE OF ILLINOIS)
) SS
COUNTY OF LAKE )
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1, BEVERLY A. JENEN , a Notary Public in and for said County, in the State
aforesaid, do hereby certify that EDGAR P. ANSTETT, personally known to me to be the same
person whose name is subscribed to the foregoing instrument, appeared before me this day in
person and acknowledged that he signed and delivered said instrument as his free and voluntary
act for the uses and purposes therein set forth.
Given under my hand and official seal this 13th day of December , 1996
My Commission Expires: December 17, 2000
(SEAL) E"OFFICIAL SEAL"
VERLY A. JENEN
Public, State of Illinois
mission Expires 12/17/00
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EXHIBIT A
LEGAL DESCRIPTION OF'THE SUBJECT PROPERTY
THAT PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 21,
TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING
SOUTHERLY OF THE CENTER LINE OF THE HALF DAY AND MCHENRY ROAD, SO- CALLED,
AND LYING EASTERLY OF THE RIGHT -OF -WAY OF THE MINNEAPOLIS ST. PAUL AND
SAULT STE. MARIE RAILWAY, IN LAKE COUNTY, ILLINOIS.
PIN:
Exhibit A
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