O-70-99 08/23/1999LEMONT
Village of Faith
99891329
7837/0024 53 001 Noe 1 of 34
1999 -09 -21 11:14:04
Cook County Recorder 87.50
tII 11 Il I 111 lIlI 11 itt
For Recorder's Use Only
VILLAGE OF LEMONT
ORDINANCE NO
AN ORDINANCE AMENDING THE ZONING MAP OF THE VILLAGE OF LEMONT
AND APPROVING A PLANNED UNIT DEVELOPMENT KNOWN AS
KENSINGTON ESTATES
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
Thisd3)‘ ri day of v , 1999.
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, DuPage, and Will
Counties, Illinois this c3rj
day of Air-, , 1999.
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING MAP OF THE VILLAGE OF LEMONT
AND APPROVING A PLANNED UNIT DEVELOPMENT KNOWN AS
KENSINGTON ESTATES
WHEREAS, Ironwood Development Company and Edward Mansell, hereinafter referred
to as "the Petitioner ", is the owner of an approximately 27.4 acre parcel, hereinafter referred to as
"the subject property," located along McCarthy Road & Steeples Drive, directly abutting the Mt.
Vernon Cemetery to the north and legally described in Exhibit "A" and Exhibit `B "; and
WHEREAS, the Petitioner made application under the provisions of the Lemont Zoning
Ordinance for a Planned Unit Development to be known as KENSINGTON ESTATES; and
WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois (the
"Village ") did heretofore conduct a Public Hearing on May 18, 1999 and recommended approval
of a Planned Unit Development known as KENSINGTON ESTATES; and
WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided by
law and was published in the Lemont Metropolitan, a newspaper of general circulation within the
Village; and
WHEREAS, the Village of Lemont Board of Trustees, after a public hearing as required by
law, approved a Planned Unit Development Ordinance as described herein; and
WHEREAS, the President and Board of Trustees of the Village have determined that the
best interests of the Village will be served by the adoption of a Planned Unit Development ordinance
as described herein; and
WHEREAS, the President and Board of Trustees of the Village approve the development
of the subject property as a Planned Unit Development pursuant to ILCS (1994) 65 5/7 -1 -8 and the
conditions attached as Exhibit "C."
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NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND
WILL, ILLINOIS:
SECTION 1: Zoning Map Amendment from Village of Lemont R -1 Single Family Residence
District to Lemont R -5 Planned Unit Development. The Zoning Map is amended from Lemont
R -1 Residential District to R -5 Planned Unit Development as legally described in exhibit "A" and
Exhibit `B."
SECTION 2: Development Standards. The development shall be subject to all of the conditions,
terms, standards and other provisions therein of the annexation agreement attached as Exhibit "C."
99E3132`J
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE AND WILL, ILLINOIS,
ON THIS ,23 J DAY OF /�l`''"' ,1999.
John Benik
Debby Blatzer
Keith Latz
Connie Markiewicz
Rick Rimbo
Mary Studebaker
Approved by me this -23t id
AYES NAYS PASSED ABSENT
V
V
•
SA
.iii` • �T� •� NE! _e President
V
ENE SMOLLE , Village Clerk
1999.
Prepared by:
Planning Department
Village of Lemont
418 Main Street
Lemont, Illinois 60439
z: ordinanc\kensing. pud
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EXHIBIT A
THAT PART OF NORTHEAST 1/4 OF SECTIO27, TOWNSHIP 37 NORTH, RANGE 11 AND
PART OF THE NORTHWEST'/ OF SECTION 26, TOWNSHIP 37 NORTH, RANGE 11,
EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING BOUNDED AND DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF
SAID SECTION 27, ALSO BEING THE SOUTHWEST CORNER OF THE NORTHWEST' /4
OF SECTION 26; THENCE NORTH 00 °16'23" EAST ALONG THE LINE BETWEEN THE
NORTHEAST 1/4 OF SAID SECTION 27 AND THE NORTHWEST `/s OF SECTION 26, 33.00
FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 °57'42" WEST ALONG A LINE
33.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST
1/4 OF SAID SECTION 27, 230.54 FEET TO THE NORTHEASTERLY LINE OF SNIITTY
ANENtJE; THENCE NORTH 52 °51'34" WEST ALONG SAID NORTHEASTERLY LINE OF
SAID SMITTY AVENUE 1060.94 FEET; THENCE NORTH 37 °08'26" EAST, 128.64 FEET;
THENCE SOUTH 64 °58'25" EAST 105.54 FEET; THENCE SOUTH 75 °33'25" EAST 98.70
FEET; THENCE SOUTH 74 °52'28" EAST 99.31 FEET; THENCE SOUTH 86 °08'26" EAST
49.33 FEET; THENCE NORTH 69 °44'50" EAST 53.72 FEET; THENCE 40 °11'35" EAST
56.02 FEET; THENCE NORTH 11 °48'45" EAST 55.36 FEET; THENCE NORTH 03 °13'04"
WEST 102.97 FEET; THENCE NORTH 13 °22'29" WEST 99.36 FEET; THENCE NORTH
17 °40'54" WEST 102.06 FEET; THENCE NORTH 16 °38'55" WEST 70.86 FEET; THENCE
NORTH 75°12'16" EAST 314.45 FEET;
THENCE SOUTH 02 °14'50" EAST 89.83 FEET; THENCE SOUTH 12 °44'26" WEST 89.52
FEET; THENCE SOUTH 16 °31'26" EAST 92.84 FEET THENCE SOUTH 18 °17'02" EAST
88.27 FEET; THENCE SOUTH 50 °19'48" EAST 107.91 FEET THENCE SOUTH 56 °16'54"
EAST 103.41 FEET THENCE SOUTH 47 °42' 15" EAST 174.71 FEET; THENCE SOUTH
67 °05'35" EAST 83.78 FEET THENCE NORTH 69 °37'38" EAST 126.82 FEET; THENCE
NORTH 61 °33'43" EAST 83.65 FEET; THENCE NORTH 34 °34'04" EAST 97.78 FEET
THENCE NORTH 34 °12'20" EAST 157.96 FEET; THENCE SOUTH 69 °04'26" EAST 84.39
FEET; THENCE SOUTH 88 °53'04" EAST 118.73 FEET; THENCE SOUTH 82 °14'55" EAST
110.09 FEET; THENCE SOUTH 43 °20' 10" EAST 174.53 FEET THENCE SOUTH 52 °05'39"
EAST 114.22 FEET; THENCE SOUTH 46 °37'57" EAST 92.88 FEET; THENCE SOUTH
57 °44'08" EAST 116.98 FEET THENCE NORTH 83°27'35" EAST 104.66 FEET; THENCE
NORTH 90 °00'00" EAST 141.47 FEET TO THE WEST LINE OF THE SOUTHEAST 1/4 OF
THE NORTHWEST 1/4 OF SAID SECTION 26; THENCE SOUTH 0 °18'30" WEST ALONG
THE LAST DESCRIBED LINE 229.79 FEET TO THE NORTH LINE OF THE SOUTH 10
ACRES OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 26;
THENCE NORTH 89 °39'24" WEST ALONG THE LAST DESCRIBED LINE 1335.39 FEET
TO THE LINE BETWEEN THE NORTHEAST'/ OF SAID SECTION 27 AND THE
NORTHWEST 1/4 OF SAID SECTION 26; THENCE SOUTH 0 °16'23" WEST ALONG THE
LAST DESCRIBED LINE 293.22 FEET TO THE POINT OF BEGINNING.
PIN *: 22-27-202-001-0000
22 -26- 100 -014 -0000
998913,c,.J
EXHIBIT B
That part of the Southwest 1/4 of the Northwest 1A of Section 26, Township 37 North,
Range 11, East of the Third Principal Meridian, in Cook County, Illinois, bounded and
described as follows: Beginning at the Southwest corner of said Southwest 1/4, running
thence East along the South line of said Southwest 1/4 a distance of 534.46 feet for a place of
beginning; running thence East along the said South line of said Southwest 1/4 a distance of
133.61 feet; running thence North a distance of 326 feet; running thence West on a line
parallel with the South line of the Southwest 1/4 a distance of 133.63 feet to a point 534.52
feet East of the West line of said Section 26, measured along said parallel line; and running
thence South a distance of 326 feet to the place of beginning, in Cook County, Illinois.
Permanent Index Number: 22 -26- 100 -005 -0000
Property Address: 13505 W. McCarthy, Lemont, IL 60439
EXHIBIT C
KENSINGTON ESTATES ANNEXATION AGREEMENT
ARTICLE TITLE
I Annexation
II Zoning and Land Use Restrictions
III Required Improvements
IV Dedication and Construction of Streets, Sidewalks,
Miscellaneous
V Easements and Utilities
VI Development Codes and Ordinances and General Matters
VII Approval of Plans
VIII Notice of Violations
IX Maintenance Bond
X Damage to Public Improvements
XI Contributions and Annexation Fee
XII Water System Improvements Contribution
XIII Binding Effect and Term and Covenants Running with the
Land
XIV Outlots
XV Smitty Avenue Vacation
XVI Notices
XVII Signs
XVIII Certificates of Occupancy
XIX Warranties and Representations
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XX Continuity of Obligations
XXI No Waiver or Relinquishment of Right to Enforce
Agreement
XXII Village Approval or Direction
XXIII Singular and Plural
XXIV Section Headings and Subheadings
XXV Recording
XXVI Authorization to Execute
XXVII Amendment
XXVIII Counterparts
XXIX Curing Default
XXX Conflicts Between the Text and Exhibits
XXXI Severability
XXXII Definition of the Village
I Right of First Refusal to Purchase
)(XXIV Execution of this Agreement
EXHIBITS TITLE
A Legal Description of North Parcel
B Legal Description of South Parcel
C Plat of Annexation of Subject Property
D Concept Plan
E Preliminary Plat
F Plat of Survey/Wetlands Delineation
G Tree Survey
H Conditions
39E91325
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this (� day of M-11 , 1999, 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 Edward T. Mansell
Construction Company, (hereinafter referred to as "DEVELOPER ") and WINTRUST ASSET
MANAGEMENT COMPANY a/t/u trust No. LFT 1382 Dated 6/17/99, (hereinafter referred to
as "OWNER ") collectively referred to as "OWNER/DEVELOPER "; and,
WHEREAS, OWNER is the owner of record of the real estate the legal description of which is
attached hereto as Exhibit "A" and Exhibit "B" by this reference made a part hereof, and which
shall hereinafter be referred to as the "TERRITORY"; and,
WHEREAS, the TERRITORY has not been annexed to any municipality; and,
WHEREAS, the TERRITORY constitutes an area that is contiguous to and may be annexed to
the VILLAGE, as provided under the Illinois Municipal Code, 65 ILCS 5/7 -1 -1, et. seq.; and,
WHEREAS, the OWNER/DEVELOPER 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,
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.
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9983132
NOW, 'l'HEREFORE, 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 after execution of
this agreement ,
2. The Plat of Annexation of said TERRITORY is attached hereto as Exhibit "C ". 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.
II
ZONING AND LAND USE RESTRICTIONS
1. Upon the Annexation of the TERRITORY to the VILLAGE, the parcels shown on the
plat of annexation attached as Exhibit "C" shall be classified under the existing zoning ordinance,
as amended, as R -5 PUD to permit 45 single family detached residences and 12 single family
attached residences. Prior to the date of this Agreement, such public hearings as are necessary to
enable the VILLAGE lawfully to grant said zoning classification as to the TERRITORY have
been conducted upon proper notice, and no further action need be taken by the
OWNER/DEVELOPER to cause the TERRITORY to be rezoned as a R -5 PUD District once the
TERRITORY is annexed to the VILLAGE. The TERRITORY shall be developed in accordance
with the Preliminary Plat, attached hereto and incorporated herein as Exhibit 'D", the Plat of
Survey/Wetlands Delineation, attached hereto and incorporated herein as Exhibit "E", and the
Tree Survey, attached hereto and incorporated herein as Exhibit "F ", and in accordance with the
Conditions #1 through #9 as set forth in Exhibit "G ", attached hereto and incorporated within.
Except for the portion of the development designated for townhomes, (shown as Lots 46 & 47 on
the Preliminary Plat, Exhibit "E ") all uses in the TERRITORY shall conform to those uses listed
in the R -4, Single Family Residential District.
2. The OWNER/DEVELOPER /DEVELOPER and VILLAGE agree that no portion of the
TERRITORY shall be developed unless an acceptable Final Plat of Subdivision, including Final
Engineering Plans and Specifications have submitted to an approved by the VILLAGE, in
accordance with the Zoning Ordinance and Subdivision Ordinance of the VILLAGE and this
agreement. The townhome Lots shall be further divided by a resubdivision or tax division to
provide an individual parcel for each townhome unit, unless the division is accomplished via a
condominium. If individual lots are provided, said lot division lines shall extend from the front lot
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line to the furthest rear lot line, thus creating no common areas with Lots 46 & 47.
3. Building Permits. Within 30.days after receipt of an application by
OWNER/DEVELOPER for a building permit for construction of any buildings, or other
improvements on the TERRITORY, the VILLAGE shall either issue a permit authorizing such
construction, issue a permit authorizing such construction subject to satisfaction of specified
conditions consistent with the terms of this Agreement, or issue a letter of denial of such permit
specifying the basis of said denial by reference to the provisions of the VILLAGE's Building Code
applied in accordance with this Agreement, which the subject construction would allegedly
violate. If the VILLAGE conditionally approves such a permit, the VILLAGE shall issue the
permit unconditionally within five (5) working days after satisfaction by the
OWNER/DEVELOPER of the specified conditions.
4. The VILLAGE agrees to permit the construction of up to (4) model units by the
DEVELOPER only chosen from lots 12, 13, 14, 15, 19, 20, 21, 22, or 23, after the approv
any final plat of Subdivision
The models will be constructed in accordance with VILLAGE
Ordinances and may only be used as temporary sales offices and marketing offices in accordance
with Village codes.
5. The OWNER/DEVELOPER, and/or contract purchaser of the OWNER/DEVELOPER,
shall be allowed, after recording of the Final Plat and utilities to subject area, to begin
construction and obtain permits for townhomes which have frontage on Steeples Road.
6. Any stop order issued by the VILLAGE directing work stoppage on any building or other
improvement on the TERRITORY shall specify the section of the VILLAGE's Building Code
allegedly violated by the OWNER/DEVELOPER and shall give the OWNER/DEVELOPER 30
days in which to cure or diligently commence cure of such violation. Upon correction of any such
violation, work on any improvement subject to a stop order may recommence.
7. 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 R -5 PUD at the time of
the execution of the Agreement shall be denied to the OWNER/DEVELOPER, 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
R -5 PUD District.
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III
REQUIRED IMPROVEMENTS
1. Water Supply. OWNER/DEVELOPER shall construct and install at their expense all
necessary on -site water mains to service the TERRITORY. All water mains shall be constructed
and installed in accordance with the Code of the VILLAGE and final engineering plans approved
by the VILLAGE. The VILLAGE agrees to permit connection of the aforementioned water mains
to the water facilities of the VILLAGE and to furnish water service on the same basis as said
services are fiirnished to other parts of the VILLAGE.
2. Sanitary and Storm Sewers. OWNER/DEVELOPER shall construct and install at their
expense all necessary sanitary sewers to service the TERRITORY in accordance with the
Subdivision Regulations of the VILLAGE and final engineering plans approved by the VILLAGE.
The VILLAGE agrees to permit connection of the aforementioned sanitary sewers to the sanitary
sewer facilities of the VILLAGE and to furnish sewer service on the same basis as said services
are furnished to other parts of the VILLAGE. OWNER/DEVELOPER agrees that no surface
water is to be discharged into the sanitary sewerage collection system and will make adequate
provisions that this will not occur. Recapture fees required by the VILLAGE are set forth in
ordinance no: 0 -62 -98 titled "Oaktree /Steeples Recapture Agreement" and only affects P.I.N. 22-
27- 202 -001. Tap -on fees required by the Village shall not be waived. All detention areas and
storm sewers shall be owned and maintained by the OWNER/DEVELOPER (with the
OWNER/DEVELOPER having the right to deed said detention areas and storm sewers to a
Homeowners Association), with right of access by the VILLAGE for emergency maintenance
purposes.
3. Recapture. Subject to Ordinance 0- 62 -98, approving a recapture agreement for Ranquist
Home Builders and McArcher Development for the extension of water and sewer mains in the
vicinity of McCarthy Road and Archer Avenue, the OWNER/DEVELOPER shall be required to
pay recapture fees, as established by said ordinance, for connecting the TERRITORY to said
water and sewer mains. The Ordinance, as set forth above, only affects P.I.N. 22 -27- 202 -001.
Further, if OWNER/DEVELOPER do not connect their water and sewer to the Oaktree and/or
Steeples Subdivision then there shall be no recapture.
IV
DEDICATION AND CONSTRUCTION OF STREETS: SIDEWALKS:
MISCELLANEOUS
1. Streets. All streets shall be installed by the OWNER/DEVELOPER. All streets required
6
by Village Ordinance in accordance with the Preliminary Plat shall be constructed by - 132.9
OWNER/DEVELOPER. No additional improvements are required by the VILLAGE upon
completion and acceptance by VILLAGE.
Also, OWNER/DEVELOPER shall be required to keep all public streets adjoining the
TERRITORY free from mud and debris generated by any new construction activity on the
TERRITORY. Such streets must be cleaned at least once a week, and more often if required by
VILLAGE in its sole judgement. For each day that the streets are not cleaned as required hereunder
during construction, OWNER/DEVELOPER shall be subject to a fine as provided in the Subdivision
Regulations. If any such fine is not promptly paid, the VILLAGE shall have the right to stop any and
all further construction until paid. The access for Oxford Court onto Steeples Road shall be in
accordance with separate traffic control ordinances approved by the Village Board.
2. Sidewalks & Parkway Trees. OWNER/DEVELOPER shall be required to construct sidewalks
along the public rights -of -way. Also, if at a future date the VILLAGE establishes a special assessment
district for the installment of sidewalks, parkway trees or other infrastructure improvements along
or near to McCarthy Road, which includes the TERRITORY in said district, OWNER/DEVELOPER
shall not object to the establishment of such a district.
3. Dedications. A 50 -foot wide right -of -way dedication as measured from the center line of
McCarthy Road is required. All intended rights -of -way, sanitary sewer, public water, storm sewer,
and other utilities shall be dedicated to the VILLAGE as Public Improvements.
4. Miscellaneous. The cost of any sidewalks and street trees to be installed on public rights of
way shall be included in the required letters of credit for each phase of the development of the
TERRITORY, with the amounts to be computed on the same basis as the amounts to be included in
the letter of credit for all other public improvements for the TERRITORY.
V
EASEMENTS AND UTILI'I'MS
The OWNER/DEVELOPER agrees to grant to the VILLAGE, and/or obtain and grant to
the VILLAGE, all necessary easements for the extension of sewer, water, street, or other utilities,
including cable television, or for other improvements, which may serve not only the
TERRITORY, but other TERRITORY in the general area, if requested by the VILLAGE in the
future.
All such easements to be granted shall name the VILLAGE and/or other appropriate
entities designated by the VILLAGE as grantee thereunder. It shall be the responsibility of the
OWNER/DEVELOPER to obtain all easements, both on site and off site, necessary to serve the
TERRITORY.
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All electricity, telephone, cable television and gas lines shall be installed underground, the
location of which underground utilities shall be at the OWNER/DEVELOPER' option, upon
approval of the respective utility company.
A 10 foot wide outlot behind lots 17 -30 (variable width) and 40-46 (constant width) shall
be added in accordance with Exhibit "E ". If approved by the OWNER/DEVELOPER's wetland
consultant, J.F. New & Associates, the 10 foot easement along the lake and wetlands shall be
planted with wetland type vegetation.
VI
DEVELOPMENT CODES AND ORDINANCES AND GENERAL MATTERS.
The development of the TERRITORY annexed shall be in accordance with the existing
building, zoning, subdivision, storm water retention and other developmental codes and ordinances
of the VILLAGE as they exist on the date each respective permit for development is issued. Planning
and engineering designs and standards shall be in accordance with the then existing ordinances of the
VILLAGE or in accordance with the statutes and regulations of other governmental agencies having
jurisdiction thereof if such standards are more stringent than those of the VILLAGE of Lemont at
such time. All fees, etc. set forth under the various ordinances of the VILLAGE shall be paid by the
OWNER/DEVELOPER at the rate set forth in the VILLAGE ordinances at the time each permit is
issued.
No occupancy permit shall be issued for any for any building prior to the completion of the
required public improvements, including street signs. Provided, however, the construction and
installation of the public improvements to be done by OWNER/DEVELOPER may be commenced
at any time after OWNER/DEVELOPER has delivered to VILLAGE an irrevocable letter of credit,
in a form satisfactory to, and from a bank or other financial institution approved by, the VILLAGE
in the amount of 125% of the OWNER/DEVELOPER engineer's estimate of the cost of construction
and installation of all such public improvements as approved by the VILLAGE Engineer, including
all required streets, lighting, sidewalks, landscaping, street trees, sewer and water lines and storm
water management facilities, except to the extent such facilities are to remain private, and after
approval of a site development permit by the VILLAGE. At no time shall the Letter of Credit funds
be utilized by the OWNER/DEVELOPER for the future payment of contractors, materials salaries
and wages and the like. The VILLAGE makes no guarantees regarding the timely reduction of said
Letter of Credit and therefore should not be used for time- sensitive payment purposes. The
VILLAGE Engineer may, in his/her discretion, recommend the amount of said letter of credit to be
reduced, from time to time, as major public improvements are completed, upon approval of the
VILLAGE Board.
OWNER/DEVELOPER, at OWNER/DEVELOPER's own cost, agrees to provide the
VILLAGE "as built ", engineering plans and specifications upon substantial completion of the public
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improvements or at the request of the VII J ,AGE Engineer but in no event later than the time required
by Ordinance No.456, as amended.
It is agreed that all of the public improvements contemplated herein shall upon acceptance
thereof by the VILLAGE, become the property of VILLAGE and be integrated with the
municipal facilities now in existence or hereinafter constructed and VILLAGE thereafter agrees to
maintain said public improvements. Acceptance of said public improvements shall be by resolution
of the President and Board of Trustees only after the VILLAGE Engineer or VILLAGE Engineer
Consultant has issued his Certificate of Inspection affirming the improvements have been
constructed in accordance with approved Engineering Plans and Specifications.
OWNER/DEVELOPER agrees to convey by appropriate instrument and VILLAGE agrees to
promptly accept, subject to terms hereof, the public improvements constructed in accordance with
the Approved Engineering Plans and Specifications.
OWNER/DEVELOPER agrees not to let debris or excessive construction waste
accumulate on the TERRITORY. OWNER/DEVELOPER' shall, within ten (10) days of
notification of a violation by the VILLAGE, remove all debris from the locations as specified by
the VILLAGE. If debris is not removed within this time period, the VILLAGE shall have the right
to draw upon the Letter of Credit provided for in this Agreement to remove any such debris on
the TERRITORY. The VILLAGE will not draw upon the Letter of Credit if
OWNER/DEVELOPER removes the debris as directed by the VILLAGE within the ten (10) day
notice period. Construction access shall be allowed only off St. James Way and/or McCarthy
Road, and Smitty Avenue or east thereof. No construction access shall be permitted off Steeples
Road except for townhomes which have frontage on Steeples Road.
VII
APPROVAL OF PLANS
VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans
and engineering submitted to VILLAGE by OWNER/DEVELOPER. 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/DEVELOPER in writing of
the specific objection to any such submission so that OWNER/DEVELOPER can make any
required corrections or revisions.
VIII
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/DEVELOPER, so the OWNER/DEVELOPER may forthwith proceed to correct such
9
violations as may exist. Moreover, the OWNER/DEVELOPER 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/DEVELOPER 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.
IX
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/DEVELOPER 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.
X
DAMAGE TO PUBLIC IMPROVEMENTS
The OWNER/DEVELOPER shall replace and repair any damage to public improvements
installed within, under or upon the subject realty resulting from construction activities by
OWNER/DEVELOPER, their successors or assigns and their employees agents, contractors or
subcontractors during the term of this Agreement. OWNER/DEVELOPER shall have no
obligation hereunder with respect to damage resulting from ordinary usage, wear and tear.
10
XI
CONTRIBUTIONS AND ANNEXATION FEE
1. The OWNER/DEVELOPER shall make cash contributions and pay an annexation fee at
the time a final plat of subdivision is filed with the VILLAGE, in accordance with the ordinances
of the VILLAGE. If a final plat of subdivision is filed within one (1) year of the effective date of
this Agreement, the required contributions and annexation fee shall be as follows:
Elementary School District $39,931.00
Junior High School District $25,828.00
High School District $26,059.00
*Park District $52,064.00
Library District $33,769.00
Village of Lemont $29,400.00
TOTAL: $207,051.00
99E91329
2. If a final plat of subdivision is submitted to the VILLAGE more than one (1) year after the
effective date of this Agreement, the aforesaid contributions and the annexation fee shall be paid
in amounts calculated in accordance with the terms of the ordinances of the VILLAGE in effect at
the time of such final plat submittal. For purposes of this agreement, when computing the amount
of contributions to be paid, it shall be assumed that one hundred percent (100 %) of the single
family, detached dwellings contain four (4) bedrooms; one hundred percent (100 %) of the single
family attached dwellings ( "townhomes ") contain three (3) bedrooms. All contributions and the
annexation fee cited in this section shall be due and payable upon approval of the final plat of
subdivision by the VILLAGE.
* The Park District contribution, besides the $52,064.00, shall include the deeding over of
ownership of Outlot "A" tot he Park District within sixty (60) days of the date of Final Plat
recording.
XII
WATER SYSTEM IMPROVEMENTS CONTRIBUTION
The OWNER/DEVELOPER shall contribute to the VILLAGE the cost of expanding the
VILLAGE water supply system to the TERRITORY. The contribution to the VILLAGE shall be
added to the usual and customary connection fee and shall be paid at the time of connection. The
parties agree that one thousand dollars ($1000.00) shall be paid for each single - family unit and
11
seven hundred fifty dollars ($750.00) for each single family attached unit.
XIII
BINDING EF1'ECT AND TERM AND COVENANTS RUNNING WITH THE LAND
This Agreement shall be binding upon and insure to the benefit of the parties hereto,
successor owner's of record of the TERRITORY, assignees, lessees and upon any successor
municipal authorities of said VILLAGE and successor municipalities, for a period of 20 years
from the date of execution hereof,
The terms and conditions of this Agreement relative to the payment of monies to the
various VILLAGE recapture funds, contributions to the VILLAGE construction and/or
dedication of public improvements, granting of easements to the VILLAGE, dedication of rights -
of -way to the VILLAGE and the developmental standards established herein shall constitute
covenants which shall run with the land.
It is further agreed that any party to this Agreement, either in law or in equity, by suit,
action, mandamus, or other proceeding may enforce or compel the performance of this
Agreement, or have other such relief for the breach thereof as may be authorized by law or that by
law or in equity is available to them.
99E91329
XIV
OUTLOTS
1. Outlot "A" shall be conveyed to the Park District.
2. Outlot `B" and "C "; shall be retained by the OWNER/DEVELOPER or solely at their
option transferred to an adjacent property owner.
3. Outlot "D" shall be transferred (deeded) to a Homeowners Association.
XV
SMITTY AVENUE VACATION
The OWNER/DEVELOPER has petitioned the VILLAGE for a vacation of the east fifty
(50) feet of Smitty Avenue. The vacation petition (Public Hearing) shall be heard in a reasonable
time period and the final plat approval is subject to said vacation of Smitty Avenue. The
Preliminary Plat shall be approved subject to said vacation of the east fifty (50) feet of Smitty
12
Avenue. In the event that Smitty Avenue is not vacated the OWNER/DEVELOPER will resubmit
an amended Preliminary Plat reflecting the non - vacation. OWNER/DEVELOPER shall reimburse
the VILLAGE for this vacated land at a rate of $85,000.00 per acre. The VILLAGE shall deposit
this amount into the General Fund Open Space Fund.
XVI
NOTICES
Unless otherwise notified in writing, all notices, requests and demands shall be in writing and
shall be personally delivered to or mailed by United States Certified mail, postage prepaid and return
receipt requested, as follows:
For the VILLAGE:
1. Village President
418 Main Street
Lemont, IL 60439
2. Village Clerk
418 Main Street
Lemont, IL 60439
3. Village Administrator
418 Main Street
Lemont, IL 60439
For OWNER:
Peter Coules, JR.. Atty at Law
15 Salt Creek Lane, Suite 312
Hinsdale, Illinois 60521
3 UJ 32J
Or such other addresses that any party hereto may designate in writing to the other parties pursuant
to the provisions of this Section.
XVII
SIGNS
The OWNER/DEVELOPER shall be allowed to construct two (2) Development signs. The
Development signs shall contain only the name of the development, the address and telephone
number of the of the owner and/or agent, the number, size, type and price of lots and/or units, not
13
exceeding one - hundred (100) square feet in area. Maximum height to the top of such signs shall
be fifteen (15) feet. One such sign shall be permitted on McCarthy Road at the Subdivision
entrance and the other at the northwest corner of Archer and Steeples Drive upon approval of the
Cook County Building Department (if necessary). Development signs shall be removed within
seven (7) days after (90 %) percent of the lots are issued temporary or permanent certificates of
occupancy.
CERTIFICATES OF OCCUPANCY
1. Within five (5) days after request by OWNER/DEVELOPER for a final inspection of a
building within the TERRITORY, the VILLAGE shall issue a final certificate of occupancy for such
building or issue a letter of denial of a certificate of occupancy identifying the correction necessary
as a condition of a certificate of occupancy and specifying the section of the Building Code relied on
by the VILLAGE in its request for correction.
2. The VILLAGE, in accordance with the requirements and customary practice of the
VILLAGE Building Department, will grant provisional permits for structures between November 1st
and June 1 if weather prevents the OWNER/DEVELOPER from completing grading, landscaping
and exterior concrete or asphalt work for any such structure (it being understood that if other work
remains to be done, no occupancy permit, provisional or otherwise, will be issued).
939132)
As a condition of the issuance of any such provisional occupancy permit, the
OWNER/DEVELOPER shall provide the VILLAGE with a timetable (acceptable to the VILLAGE)
for completion of the outstanding work, which timetable shall be deemed a part of the occupancy
permit.
XIX
WARRANTIES AND REPRESENTATIONS
The OWNER/DEVELOPER represents and warrants to the VILLAGE as follows:
1. That identified on page 3 hereof are the OWNER/DEVELOPER as legal title holder.
2.That the OWNER/DEVELOPER proposes to develop the TERRITORY in the manner
contemplated under this Agreement.
3 .That other than the OWNER/DEVELOPER, no other entity or person has any interest in the
TERRITORY or its development as herein proposed.
14
4. That OWNER/DEVELOPER has provided the legal description of the TERRITORY set forth in
this Agreement and the attached Exhibits and that said legal descriptions are accurate and correct.
XX
CONTINUITY OF OBLIGATIONS
Notwithstanding any provisions of this Agreement to the contrary, including but not limited
to the sale and/or conveyance of all or any part of the TERRITORY by OWNER/DEVELOPER,
OWNER/DEVELOPER shall at all times during the term of this Agreement remain liable to
VILLAGE for the faithful performance of all obligations imposed upon them by this Agreement until
such obligations have been fully performed or until VILLAGE, at its sole option, has otherwise
released OWNER/DEVELOPER and from any all of such obligations.
XXI
NO WAIVER OR RELINQUISHMENT OF RIGHT TO ENFORCE AGREEMENT
Failure of any party to this Agreement to insist upon the strict and prompt performance of the
terms covenants, agreements, and conditions herein contained, or any of them, upon any other party
imposed, shall not constitute or be construed as a waiver or relinquishment of any party's right
thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue
in full force and effect.
XXH
VILLAGE APPROVAL OR DIRECTION
39E91329
Where VILLAGE approval or direction is required by this Agreement, such approval or
direction means the approval or direction of the Corporate Authorities of the VILLAGE unless
otherwise expressly provided or required by law, and any such approval may be required to be given
only after and if all requirements for granting such approval have been met unless such requirements
are inconsistent with this Agreement.
XXIII
SINGULAR AND PLURAL
Wherever appropriate in this Agreement, the singular shall include the plural, and the plural
shall include the singular.
15
SECTION HEADINGS AND SUBHEADINGS
All section headings or other headings in this Agreement are for general aid of the reader and
shall not limit the plain meaning or application of any of the provisions thereunder whether covered
or relevant to such heading or not.
XXV
RECORDING
A copy of this Agreement and any amendments thereto shall be recorded by the VILLAGE
at the expense of the OWNER/DEVELOPER within 30 days after the execution hereof.
XXVI
AUTHORIZATION TO EXECUTE.
The President and Clerk of the VILLAGE hereby warrant that they have been lawfully
authorized by the VILLAGE Board of the VILLAGE to execute this Agreement. The
OWNER/DEVELOPER and VILLAGE shall, upon request, deliver to each other at the respective
time such entities cause their authorized agents to affix their signatures hereto copies of all bylaws,
resolutions, ordinances, partnership agreements, letters of direction or other documents required to
legally evidence the authority to so execute this Agreement on behalf of the respective parties.
XXVII
AMENDMENT
99E9132`)
This Agreement sets forth all the promises, inducements, agreements, conditions and
understandings between the parties hereto relative to the subject matter thereof, and there are no
promises, agreements, conditions or understandings, either oral or written, express or implied,
between them, other than are herein set forth. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto
unless authorized in accordance with law and reduced in writing and signed by them.
XXVIII
COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which taken together,
shall constitute one and the same instrument.
16
. CURING DEFAULT
It is understood by the parties hereto that time is of the essence of this Agreement. The
parties to this Agreement reserve a right to cure any default hereunder within fifteen (15) days from
written notice of such default.
XXX
CONFLICT BETWEEN THE TEXT AND EXHIBITS
In the event of a conflict in the provisions of the text of this Agreement and the Exhibits
attached hereto, the text of the Agreement shall control and govern.
XXXI
SEVERABILITY
If any provision of this Agreement is held invalid by a court of competent jurisdiction or in
the event such court shall determine that the VILLAGE does not have the power to perform any such
provisions, such provision shall be deemed to be excised here from and the invalidity thereof shall not
affect any of the other provisions contained herein, and such judgement or decree shall relieve
VILLAGE from performance under such invalidity thereof shall not affect any of the other provisions
contained herein, and such judgement or decree shall relieve VILLAGE from performance under such
invalid provision of this Agreement. 99F1329
XXXII
DEFINITION OF VILLAGE
When the term VILLAGE is used herein it shall be construed as referring to the Corporate
Authorities of the VILLAGE unless the context clearly indicates otherwise.
XXXIII
RIGHT OF FIRST REFUSAL TO PURCHASE
The owners of townhomes in the Steeples Subdivision; or their homeowners association shall
have the right of first refusal to purchase lots 46 & 47 as shown on Exhibit "E ". Said right shall
not exceed the bid amount by a proposed bona fide developer of the townhouse lots. Said right
shall extend to August 31, 1999.
17
EXECUTION OF AGREEMENT
This Agreement shall be signed last by the VILLAGE and the President of the VILLAGE shall
affix the date on which he signs this Agreement on page 3 hereof which date shall be the effective
date of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and
year first above written.
Village erk
OWNER: �/(' ncs7 ,4sse', fl ('
VILL
iltiAte■
Viia:e Pres
an 11
OF LEMONT
Municipal Corporation
18
39£'91329
ACKNOWLEDGMENTS
STATE OF ILLINOIS)
) SS.
COUNTY OF COOK )
I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY
CERTIFY that RICHARD A. KWASNESKI personally known to me to be the President of the
Village of Lemont, and CHARLENE M. SMOLLEN, personally known to me to be the Village clerk
of said municipal corporation, and personally known to me to be the same persons whose names are
subscribed to the foregoing instrument, appeared before me this day in person and severally
acknowledged that as such President and Village Clerk, they signed and delivered the said instrument
and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to
authority given by the Board of Trustees of said municipal corporation, as their free and voluntary
act, and as the free and voluntary act and deed of said municipal corporation, for the uses and
purposes therein set forth.
GIVEN under my hand and official seal, this day of
, 1999.
Commission expires , 199_
Notary Public 99E91329
STATE OF ILLINOIS)
) SS.
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY
CERTIFY that the above -named 1 (kr,` e .1an /v
personally known to me to be the same persons whose names are subscribed to the foregoing
instrument appeared before me this day in person and acknowledged that they signed and delivered
the said instrument as their own free and voluntary act for the uses and purposes therein set forth.
GIVEN under my hand and official seal, this Al d day of / u 5
1997. J
Commission expires
�a 5
Notary Public
,194, .
19
OFF CIAL SEAL
CORA MAE CORLEY
NOTARY PUBUC, STATE OF ILLINOIS
MY COMMISSION EXPIRES:05 /25/03
E_ IIBIT A
THAT PART OF NORTHEAST V., OF SECTIO27, TOWNS= 37 NORTH, RANGE 11 AND
PART OF TIE NORTI -F EST. ;,; OF SECTION 26, TOWNS= 37 NORTH, RANGE 11,
EAST OF TAE TriaD PRL'NCIPAI. NIE.Ri'DLAN, BELDG BOUNDED AND DESCRIBED AS
FOLLOWS: CO` IN ENCING AT THE SOL 1 BAST CORNER OF THE NORTHEAST % OF
SAD SECTION 27, ALSO BEING THE SOUTHWEST CORNER OF THE NORTHWEST /.
OF SECTION 26; THENCE NORTH 00 °16'23" EAST ALONG THE LLNE BETWEEN THE
NORTHEAST '•1 OF SAID SECTION 27 AND THE NORTN7,1,IST ;1 OF SECTION 26, 33.00
FEET TO THE POINT OF BEGL��. NG; THENCE SOUTH 39 °57'42" WEST ALONG A LINE
33.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LIVE OF THE NORTHEAST
OF SAID SECTION 27, 230.54 FEET TO THE NORTHEASTERLY LINE OF SMII 1 1 Y
AVENUE; THENCE NORTH 52 °51'34" WEST ALONG S A m NORT. ASTERL Y LLti"E OF
SAID SMIITTY A Ei YUE 1060.94 FEET: ^ENCE NORTH 37 °03'26' E AST. 123.64 FEET:
THENCE SOUTH 64 °53'25" EAST 105.54 FEET: THENCE SOUTH 75'33'25" EAST 93.70
FEET; THENCE SOUTH 74 °52'23" EAST 99.31 FEET; THENCE SOUTH 36 °03'26" EAST
49.33 FEET; T'rENCE NORTH 69 °44'50" EAST 53.72 FEET; THENCE 40 °11'35" EAST
56.02 FEET; TINCE NORTH 11 °43'45" EAST 55.36 FEET; THENCE NORTH 03 °13'04"
WEST 102.97 FEET: THENCE NORTH 13 °22'29" WEST 99.36 FEET; THENCE NORTH
17 °40'54" WEST 102.06 FEET: THENCE NORTH 16 °33'55" WEST 70.36 FEET; THENCE
NORTH 75'1.2'16" EAST 314.45 FEET:
THENCE SOU :_ 02°14'50" EAST 39.33 FEET; THENCE SOUTH ; 2° = :,26. WEST 39.:2
FEET; THENCE SOUTH 16'31'26" EAST 92.34 FEET THENCE SOUTH 13 017'02" EAST
33 FEET; =ENCE SOU T'.. 50 °19'43' EAST 107.91 FEET T I- NCE SOUTH 56316'54'
EAST 103.41 FEET T: -ENCE SOUTH 47 °42.15" EAST 174.71 FEET: TFENCE SOUTH
6 °05'35" EAST 33.73 FEET THENCE NORTH 69 °37'33' EAST 126.32 FEET: THENCE
NORTH 61 °33 EAST 33.65 FEET: T i YCE NORTH 34'34'04" EAST 97.78 FEET
THENCE NORTH 34 °12'20' EAST 157.96 FEET: THENCE SOU?: 69°04'26" EAST 34.39
FEET THENCE SOUTH 33''5 3.0-' EAST :13.73 FEE T'3ENCE SOUTH 32 °1''55• EAST
110.09 FEET: . HENCE SOUTH "20.10' EAST 174.53 FEET THENCE SOUTH 52 °05'39"
EAST 114.22 FEET �- IEls.CC= SOUTH 46'37'57- EAST 92.3 S FEET: NCE SOUTH
57'44'0:3" EAST 116.95, FEET .HENC NORT3. 33 °-7- 3? =AST 1'-0 -.56 FEET: T. HLENCE
N`C'R.H 90'00.'10" EAST 14 -� _ _ -
_ - '^' 4444 �:�EST Lam•_ OF _ <� SOL "T'._�_�.;-r ._ 0�
79E7 NORTH EsT _ OF S.=,.,7_,` _H-N1-7. SC is 0 °1, •30• VESTAL ONG
TH.E LAST DESCP ED 229.9 FEET TO THE. NOR':_ LINE OF THE SOUTH 10
ACRES OF T:E_-. SOUTHWEST . OF TI- E NORTHWEST : OF SAID 1 SECTION 26;
THENCE NORTH 39°39'24" ESQ ALONG THE LAST DESCRIED IJYE 1335.39 FEET
TO THE I EN T E� _ - T - IO -
:� : 3E 4424- N�.R":��.AS- OF SAID SECTION - _�;.�� 1_,.�.
OF
SA) 5 1 .1D\ 2=): - -._NCE SOL - :5'23- ONG THE
' A T 1 -sC.? 293.22 _ 9994 P0'.7N _ 011
`J
EIIBIT B
That part of the Southwest % of the Northwest 1/4 of Section 26, Township 37 North,
Range 11, East of the Third Principal Meridian, in Cook County, Illinois, bounded and
described as follows: Beginning at the Southwest corner of said Southwest %, running
thence East along the South line of said Southwest 1/4 a distance of 534.46 feet for a place of
beginning; running thence East along the said South line of said Southwest 1/4 a distance of
133.61 feet; running thence North a distance of 326 feet; running thence West on a line
parallel with the South line of the Southwest 1/4 a distance of 133.63 feet to a point 534.52
feet East of the West line of said Section 26. measured along said parallel Iine; and running
thence South a distance of 326 feet to the place of beginning, in Cook County, Illinois.
Permanent Index Number: 22 -26- 100 -005 -0000
Property Address: 13505 W. McCarthy, Lemont, IL 60439
996f:141329
tot t WI* rem
PLAT OF ANNEXATION
To III. VJIlepe nl Lemont
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KENSINGTON ESTATES SUBDIVISION
PRELIMINARY PLAT
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EXHIBIT E
LEGEND
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9391329
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(1.1.1 A(.I1ES)
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Figure 5: Wetland Delineation
Proposed Kensington Subdivision
Design Tel( Associates, Inc.
Cook County, Illinois
Scale: 1" -- 3011'
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�1
EXHIBIT "H"
1) The final plat shall substantially conform to the preliminary plat attached as exhibit "E ";
2) At the time of final plat submittal the following additions/corrections shall be made to the
plat:
a) the easternmost cul -de -sac shall be widened from 37.32 feet to 66 -feet at the
southern lot line to facilitate a possible future connection to McCarthy Road;
b) building lines (measured at the 90 -feet lot width line) shall be indicated on the plat
for each lot;
c) the high water level (HWL) shall be indicated on the lots which rear yards abutting
the wetlands, with a corresponding rearyard building line which is 30 feet from the
HWL ;
d) a conservation easement shall be delineated on the plat which corresponds to the
boundaries of the wetlands for those lots having rear yards along the wetlands
area; and
e) a 10 -foot conservation easement shall be delineated along the rear of the lots
which abut the pond and wetland areas, specifically lots 17 -30, and 40 -46. L9
shall have a 10 -foot conservation easement on the east lot line. :I-1891329
3) A landscaped berm shall be provided along the rear lot line of lots 2 -5 and along the
western property line of outlot B, that complies with current landscape provisions;
4) The twelve townhome units shall be "as -of- like" or of equal or better quality to those in
the Steeples subdivision;
5) A Tree Preservation plan and Landscape Plan shall be submitted for review prior to final
plat submittal by staff and the Village Landscape Consultant;
6) Specifications and elevations for any proposed fencing shall be submitted for compliance
with current Village codes;
7) A petition for the vacation of the east 50 -feet of Smitty Avenue shall be filed prior to final
plat approval;
8) Outlots `B ", "C ", CCD, " "E ", "F" and "G" shall be owned and maintained by the
Kensington Estates homeowner's association. Outlots "B"and "C "shall be appropriately
landscaped, preferably with low maintenance natural vegetation similar or complimentary
to the wetlands on and abutting the property.
st?
3 Noy -id 0