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O-24-97 04/28/97IF Village of Lemont 418 Main Street Lemont, IL 60439 -3788 97303783 DEPT-01 RECORDING $53. °S . 100003 IRAN R316 05/02197 12112:100 COOK COUNTY RECORDER ORDINANCE NO. D-0111-97 AN ORDNANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 16.5 ACRE PARCEL GENERALLY LOCATED ON THE NORTHWEST CORNER OF 131st STREET AND BELL ROAD IN LEMONT, ILLINOIS ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This c day of Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will an DuPage Counties, Illi is, t i day of , 1997. , 1997 ORDINANCE NOD --97 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FORA 16.5 ACRE PARCEL GENERALLY LOCATED ON THE NORTHWEST CORNER OF 131st STREET AND BELL ROAD IN LEMONT, ILLINOIS WHEREAS, the legal owners of record of the territory which is the subject of an Annexation Agreement are ready, willing and able to enter into said agreement and perform the obligations as required therein and; WHEREAS, a copy of said Annexation Agreement has been attached hereto and included herein; and WHEREAS, the statutory procedures provided for in the Illinois Municipal Code for the execution of said agreement have been fully complied with. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, STATE OF ILLINOIS, AS FOLLOWS: SECTION 1: That the President be and is hereby authorized and directed, and the Village Clerk is directed to attest to a document known as "Callas Annexation Agreement" dated the ' of >; �. , 1997, a copy of which is attached hereto and made a part hereof. SECTION 2: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VI E OF LEMO , COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS, on this day of 1997. Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Approved by me this AYES NAYS PASSED ABSENT CHARLENE SMOLLEN, Village Clerk • . 1997. RI 1TP RD Av. SNESKI, Village President HARLENE SMOLLEN, Village Clerk Mail to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 22 -35- 201 - 022 -0000; CALLAS ANNEXATION AGREEMENT ARTICLE TITLE I Annexation II Zoning and Land Use Restrictions III Required Improvements IV Easements and Rights -of -Way V Site Plan Review VI Fees, Building Ordinances, Permits and General Matters VII VIII IX X XI XII XIII XIV XV EXHIBIT A B Approval of Plans Letters of Credit Notice of Violations Maintenance Bond Damage to Public Improvements Warranties and Representations Continuity of Obligations Right to Enforcement Terms of This Agreement EXHIBIT TITLE Legal Description of Subject Property Plat of Annexation of Subject Property C Pipeline Buildings Site Plan ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this 2/I /L day of , 1997, between the VILLAGE OF LEMONT, a municipal corporation of the Counties of Cook, DuPage and Will, in the State of Illinois (hereinafter referred to as "VILLAGE ") and Chicago Title and Trust under Trust Number / MCP/ (hereinafter referred to as "OWNER "). WHEREAS, OWNER is the owner of record of the real estate (hereinafter referred to as "TERRITORY "), the legal description of which is attached hereto as Exhibit "A" and by this reference made a part hereof; and, WHEREAS, OWNER has submitted to the VILLAGE a Petition for Annexation; and, WHEREAS, the parties hereto desire the TERRITORY, which is contiguous to the VILLAGE, to be annexed to the VILLAGE on the terms and conditions hereinafter set forth; and, WHEREAS, OWNER and VILLAGE agree that they will be bound by the terms of this Annexation Agreement; and, WHEREAS, the VILLAGE would extend its zoning, building, health and other municipal regulations and ordinances over the TERRITORY, thereby protecting the VILLAGE from possible undesirable or inharmonious use and development of unincorporated areas surrounding the VILLAGE; and, WHEREAS, the new boundaries of the VILLAGE OF LEMONT, resulting from this Annexation shall extend to the far side of every highway and shall include all of every highway not already annexed; and, WHEREAS, the parties desire, pursuant to Chapter 65, Article 5, Section 11 -15.1 of the Illinois Municipal Code, to enter into an Agreement with respect to Annexation of the TERRITORY and various other matters; and, WHEREAS, pursuant to the provisions of the Statute, the corporate authority of said VILLAGE has duly fixed a time for and held a hearing upon the Annexation Agreement and has given notice of said hearing; and, 2 WHEREAS, The corporate authority of the VILLAGE has considered the Annexation of the TERRITORY described in the Petition and has determined that the best interest of the VILLAGE will be met if the TERRITORY is annexed to the VILLAGE and developed in accordance with the provisions of the Agreement. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter contained, the parties agree as follows: I ANNEXATION 1. Subject to the provisions of Chapter 65, Article 5 Section 7 of the Illinois Municipal Code, the parties hereto respectively agree to do all things necessary or appropriate to cause the TERRITORY to be validly annexed to the VILLAGE as promptly as possible upon the property becoming contiguous to the Village limits. 2. The Plat of Annexation of said TERRITORY is attached hereto as Exhibit "B ". Said Plat extends the new boundaries of the VILLAGE to the far side of any adjacent highway not already annexed and includes all of every highway within the TERRITORY so annexed. 3. All VILLAGE imposed fees associated with the annexation are hereby waived. 4. Notwithstanding that the TERRITORY is contiguous to the VILLAGE limits along the north, east and west property lines, the OWNER acknowledges that contiguity of the TERRITORY may be subject to legal challenge. The OWNER hereby agrees that it will not hold the VILLAGE responsible for any legal action, nor will the OWNER initiate any legal action against the VILLAGE should the TERRITORY be disconnected from the VILLAGE in the future. II ZONING AND LAND USE RESTRICTIONS 1. Upon the Annexation of the TERRITORY to the VILLAGE, the parcel shown on the plat of annexation attached as Exhibit "B" shall be classified under the existing zoning ordinance, as amended, as B -3 Commercial District. 3 2. It is understood by both parties that the northwest corner of the TERRITORY is to be used for an underground pipeline distribution system. In addition, the system will include several above ground equipment buildings. These buildings may not meet required setbacks from the property lines, and shall situated as indicated on the Site Plan, attached hereto as Exhibit "C ". The lots the equipment buildings will be situated on will also not have frontage on a public street. The VILLAGE agrees to grant variances from the Zoning and Subdivision Ordinances to allow said structures and lots as proposed. 3. It is understood and agreed, except as otherwise provided for herein, the Zoning, Subdivision Regulations, Building Code and all other ordinances including all fees and charges of the Village, shall not be frozen during the term of this Agreement, and such ordinances, as the same may from time to time be amended and enforced throughout the VILLAGE, shall apply to the TERRITORY. Notwithstanding the foregoing, it is expressly understood and agreed by the parties that during the term of this Agreement, no use permitted under the B -3 Commercial District at the time of the execution of the Agreement shall be denied to the OWNER, their successors or assigns, unless the zoning classification of the TERRITORY is amended by the petition of the OWNER, their successors or assigns, or unless the VILLAGE shall comprehensively amend its Zoning Ordinance. In the case of a comprehensive amendment to the VILLAGE'S Zoning Ordinance, the TERRITORY shall be designated the zoning district most comparable to the B -3 Commercial District. 4. All VILLAGE imposed fees associated with the rezoning are hereby waived. 5. The OWNER, in conjunction with construction of a shopping center on the TERRITORY, shall be permitted to create and build on two (2) outlots on the TERRITORY, after approval of as Plat of Subdivision. Uses permitted on the outlots shall be those permitted in the B -3 district, except that any bank constructed on an outlot shall be permitted to have drive- through lanes without a Special Use. 4 III REOUIRED IMPROVEMENTS 1. The OWNER shall connect any commercial use hereinafter established to the VILLAGE water supply and sanitary sewer systems if available within 200 feet of the TERRITORY. The OWNER shall also connect said development to VILLAGE water and sewer systems upon extension of said water and /or sewer once they are extended to within 200 feet of the TERRITORY. 2. The OWNERS shall construct, at the OWNERS' sole cost and expense, such storm sewers, detention or _retention basins, and other storm water management facilities as necessary upon any development of the TERRITORY, or a portion thereof. The OWNERS agree to adhere to the storm water management policies and regulations of the VILLAGE and the Metropolitan Water Reclamation District of Greater Chicago. 3. Any establishment of a commercial use by the OWNER shall require conformance to the parking regulations specified for that use under Section X of the Zoning Ordinance. Parking areas shall be planned such that access is provided to and from adjacent parcels for cross - access purposes including gas pipeline access easements. The VILLAGE may require the recording of access easements to provide such access. 4. The OWNER, at the OWNER'S sole cost and expense, agrees to install public sidewalks and parkway trees along the street frontage of the property when a commercial use is established. 5. The OWNER agrees to submit, to the Village Engineer for review and approval, an outdoor lighting plan for the TERRITORY when a commercial use is to be established. IV EASEMENTS AND RIGHTS -OF -WAY 1. The OWNER agrees to grant to the VILLAGE and other governmental units easements for utilities, drainage, access and other public purposes as necessary upon development of the TERRITORY. 5 2. Upon development of the TERRITORY, the OWNER agrees to dedicate to the public 50 feet of right -of -way for 131st Street and Bell Road as measured from the centerline of said street. V SITE PLAN REVIEW The OWNER agrees to submit a site plan to the VILLAGE for any proposed commercial use which is to be established. Said site plan shall be drawn to scale and shall include all proposed buildings, parking lots, driveways, sidewalks, open space /landscaped area, signs, lighting and utilities. The VILLAGE shall review the site plan for conformance to all applicable VILLAGE ordinances and the terms of this agreement. VI FEES, BUILDING ORDINANCES, PERMITS AND GENERAL MATTER The OWNER agrees to comply in all respects with all then applicable provisions of the VILLAGE Building Codes in connection . with the construction of buildings in the TERRITORY. VII APPROVAL OF PLANS VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and engineering submitted to VILLAGE by OWNER. IF VILLAGE shall determine that any such submission is not in substantial accordance with this .Agreement and applicable ordinances, the VILLAGE shall promptly notify OWNER in writing of the specific objection to any such submission so that OWNER can make any required corrections or revisions. VIII LETTERS OF CREDIT Upon development of the TERRITORY the OWNER agrees to furnish adequate financial security in the form of an irrevocable letter of credit to guarantee the completion of required public improvements, including but not limited to sanitary sewer, storm sewer, detention basins, water main extensions, and public sidewalks. Said letter of credit shall be in an amount equal to 125% of the estimated cost for said improvements as determined by the Village Engineer, and shall be issued by a reputable, federally insured banking or financial institution authorized to do business in the State of Illinois. The letters of credit shall be subject to the review of the VILLAGE Board of Trustees. The dedication of the improvements to the VILLAGE shall be deemed accepted upon formal action of acceptance by the corporate authorities of the VILLAGE, and the delivery by the OWNER of a properly executed Bill of Sale for all improvements contained within the dedication. Upon acceptance of dedication of the VILLAGE, the OWNER may reduce the letter of credit or form of financial responsibility by an amount equal to the value of the improvements so accepted. Ix NOTICE OF VIOLATIONS The VILLAGE will issue no stop orders directing work stoppage on building or parts of the project without giving notice of the Section of the Code allegedly violated by OWNER, so the OWNER may forthwith proceed to correct such violations as may exist. Moreover, the. VILLAGE shall have an opportunity to correct possible violations. This paragraph shall not restrain the Building Official from issuing a stop work order in any case where he considers a continuation of the work to constitute a threat to the health or safety of the public or personnel employee on or near the site. VILLAGE shall provide OWNER notice as required by Statute of any matter, such as public hearing, proposed building code changes and policy changes or other matters which may affect the TERRITORY of development of it under this Agreement. 7 X MAINTENANCE BOND At the time or times of acceptance by VILLAGE of the installation of any part, component or all of any public improvement in accordance with this Section, or any other section of the Agreement, OWNER shall deposit with the VILLAGE a maintenance bond in the amount of five percent (5 %) of the cost of the installation of the public improvement accepted by VILLAGE. This bond shall be deposited with the VILLAGE and shall be held by the VILLAGE for a period of twelve (12) months after completion and acceptance of all improvements. In the event of a defect in material and /or workmanship within said period, then said Bond shall not be returned until correction of said defect and acceptance by VILLAGE of said corrections. XI DAMAGE TO PUBLIC IMPROVEMENTS The OWNER shall replace and repair any damage to public improvements installed within, under or upon the subject realty resulting from construction activities by OWNER, their successors or assigns and their employees agents, contractors or subcontractors during the term of this Agreement. OWNER shall have no obligation hereunder with respect to damage resulting from ordinary usage, wear and tear. XII WARRANTIES AND REPRESENTATIONS. The OWNER represents and warrants to the VILLAGE as follows:. 1. That Chicago Title and Trust under Trust Number /D 9 9/Ji' is legal title holder and the owner of record of the TERRITORY, and ( 9 that Sam Callas is the beneficiary of said trust and has power of L1 direction over said trust. 2. That the OWNER proposes to develop the TERRITORY in the manner contemplated under this Agreement. 3. That other than the OWNER, People Gas Company and Northern Border Pipeline Company, no other entity or person has any interest in the TERRITORY or its development as herein proposed. 8 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: VILLAGE CLERK VILLAGE OF LEMONT AND THE CORPORATE AUTHORITY THEREOF BY: PRESIDENT OWNER THE CHICAGO TRUST COMPANY as Trustee under Trust No.212_2_61K and not p sor.ally ASSISTANT VICE PRESIDENT It Is expressly understood and agreed by end between the pales hereto, anynng herein to the contrary notwithstanding, that each and Si cl the watterifms, indetenfiles, reprt,„entations, coVenenta, tmdertaltings and agrzeresUls herein made on Me part o tI'i vihEe in form pirpotin tg:r thg • repfe3selations. covenants; undertakincr. and agreemerM OF said Trustee are nevettheir,:z c.,no osiri lArairts'.1 nD1 as peisomi, WV?, WIZ'S, trl.1-lutes, Tati(,.ori 9o,rp,Izo of 'till) 1113 intenon of Undirtg said inn?. pirFe..my t;.,,00d$7,Bly SC:ey exoxise rq..7.F.,onsf.?`ty otiiimr-ootl L,' nor ,chas at l,S3111:74111 C.r an a:-;ut of any VI% irtilurnerri cordained, eithet ti io;r.asod. 10 IN WITNESS WHEREOF, the parties have caused this Agreement to executed on the day and year first above written. ATTEST: LLAGE OF LEMONT AND THE RPO TE AUTHORITY THEREOF IDENT OWNER THE CHICAGO TRUST COMPANY as Trustee under Trust No. / O 9 9 /de and not son ally BY: h Is expressly understood and aq ed by and between Ste parks hereto, anything tarn to the oortrary notwithstanding, pad each and ah of the w .rr ;e.ntss, trtdxrrf s, r prr-$entattcr*, vertO, ytdertakargc and agrzentes ,:s herein made an the part of the Toe whiz at font; pr:,^x.',^, q ;hn trz? :w >. ^d *r c;, r2or ?atSOs, covenants, undertakings and agreement a sa;.r id 7nw =Y s ^_ •Ct r?C>x r,x 6.1a ^t 93 persaI warranties, Indenrlies, z e + ,.pzo r vX M thtIn } said prrfeny spec* .e _ .. :?t, (`fs"'1 al the Il5t specific* y _ '0;2 tii `.110 exercise Or - } _ ..r., .. ;A..i;roed by nCf sia➢ at s .,.str T:>: ;�: or an a[ccrxR of any eri c c f � s c.r. Y! '.Ru GtSiriltnera contained, either • expne' sC:. Fa: wry _ „ ary, cury "ur: j 3: ' .i.'wa58 x�c 10 ASSISTANT VICE PRESIDENT, STATE OF ILLINOIS SS. COUNTY OF COOK I, 4 0/Ar S/ % /, , a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that OANIVGRXACO , by: , personally known to me to be the same persons whose names are subscribed to the foregoing instrument, respectively appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act. Given under my hand and Notarial Seal this <akAj day of p- r i l "OFFICIAL SEAL" Alda Di Mayo Notary Public, State of Illinois My Commission Expires 5/10/98 My commission expires: , 1997. Notary Public 11 EXHIBIT "A" LEGAL DESCRIPTION THAT PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST 1/4; THENCE NORTH 0 °37'25" EAST, ALONG THE EAST LINE OF SAID NORTHEAST 1/4, 897.20 FEET TO THE SOUTH LINE OF THE NORTH 425.00 FEET OF SAID NORTHEAST 1/4; THENCE NORTH 89 °47'18" WEST, ALONG THE LAST DESCRIBED LINE, 557.22 FEET TO THE SOUTHEASTERLY LINE OF THE COMMONWEALTH EDISON COMPANY RIGHT OF WAY, AS CONVEYED BY DOCUMENT 20578060; THENCE SOUTH 58 °07'10" WEST, ALONG SAID SOUTHEASTERLY LINE, 433.25 FEET TO THE EAST LINE OF THE WEST 400.00 FEET OF THE EAST 1/2 OF SAID NORTHEAST 1/4; THENCE SOUTH 0 °33'18" WEST, ALONG THE LAST DESCRIBED LINE 670.92 FEET TO THE SOUTH LINE OF SAID NORTHEAST 1/4; THENCE NORTH 89 °58'07" EAST, ALONG THE SOUTH LINE OF SAID NORTHEAST 1/4, 921.85 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PIN #: 22 -35- 201 - 022 -0000; Area Survey Company . 1140 WM ' 11I 39•71 07•93 13372. lbws 001 92 MIRO (Mil 3411.73114 FA%(700; 3494372 / / ,f1 , �y1 •,/ CURRENT V1LLA4E LIMITS / o• / ` 557.22 S.59'47'Ia•E. / 0 v1 O // a ti a 141. PLAT OF ANNEXATION'' TO THE VILLAGE OF LEMONT g�s ^ „..)783 THAT PART OF THE EAST 1/2 OF THE.NORTHEAST 1/4 OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: THENCE BEGINNING AT THE EAST,, ALONGSCIE EAST LINE OP .NORTHEAST NORTHEAST 897,20 FEET TO THE SOUTH LNE OF THE NORTH 425D 0 1'!!?A0 SAID THENCE NORTH 89.47'18" WEST, ALO.G0 FEET OF DEID NORTHLINE 1/4; ALONG E OF THE COMMONWEALTH EDISON 557.22 OMPANY RIGHT OF LAY, SA CONVEYED TO TIE SOUTHEASTERLY BY DOCUMENT 20578060/ THENCE SOUTH 58.07'10" HS?, ALONG ?AID FEET OF THE EAST 1/2 OF SAID NORTHEAST E 1/4 LTHENC' SOUTH 0•3311B" WEST, ALONG THE LAST DESCRIBED LINE, 670.92 FEET 7' THE SOUTH LINE OF SAID NORTHEAST 1/4; THENCE NORTH 89.58'07" EAST,ALONG THE SOUTH LINE OF SAID NORTHEAST 1/4, 921.85 FEET TO THE POI? OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. LEMONT FORE PROTSCOIOM 3NET. 1 N A W W 3 3 400' HEREBY ANNEXED 1St sr 33' 33' STREET 500*4 UM R EYL 14E104 36C )5.31•II. J 921.85' 5.87. 50' 07' v'. SCALE : 1" + 100 Fi8•r ROTE; -BY OPERATION OF LAN, THE NEW VILLAGE BOUNDARY EXTENDS TO THE. FAR SIDE OF THE HIGHWAY WHICH IE ADJACENT TO THE PROPERTY. DEINO, GROSS AREA: 33' ROADS: NET AREA; STATE OF ILLINOIS) S.S. COUNTY OF COOK ) APPROVED BY 'THE MAYOR OF THE VILLAGE MEETING- HELD TRI8 DAY OF OF LEMONT, ILLINOIS, AT A • , 19 . MAYOR STATE OF ILLINOIS) . 8.8. .. COUNTY OF COOK. .) • THE TERRITORY'DESCRISED,IN.THIS PLAT OF ANNEXATION IS IDENTIFIED AS THAT INCORPORATED AND MADE •A PART OF THE 'VILLAGE OF LEMONT, ILLINOIS,'81 ORDINANCE NO. " ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF SAID. VILLAGE, ON THIS _ DAY OF BY: VILLAGE PRESIDENT ATTEST: VILLAGE CLERK STATE OF ILLINOIS) S.S. COUNTY OF COOK ) • I, THOMAS 3.. CESAL, : AN ILLINOIS PROFESSIONAL LAND SURVEYOR, DO HEREBY' CERTIFY THAT THE ANNEXED PLAT IS AN ACCURATE REPRESENTATION OF THE TERRITORY - INCLUDED IN THE ANNEXATION TO 1116 VILLAGE OF LEMON?. • - . DATED THI3 22340 DAY OF JANUARY , 1997 . ILLINOIS ROFESSIOIRAL TANC'SVkOEYOR, NO. 2205 18'22 ACRES 113E ACRE 16.91 ACRES