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O-35-24 Granting a Final Planned Unit Development (PUD) for Ozinga at 11400 Old Lemont Road in Lemont, IL418 Main Street I Lemont, IL 60439 TO: Village Board Meeting FROM: Jamie Tate, Community Development THROUGH: Jason Berry, CEcD, AICP, Economic & Community Development Director SUBJECT: An Ordinance Granting a Final Planned Unit Development (PUD) for Ozinga at 11400 Old Lemont Road in Lemont, IL DATE: September 9, 2024 SUMMARY/BACKGROUND Ozinga presented plans to construct an additional silo at the Lemont facility on the Sanitary and Ship Canal. A public hearing was held for a Planned Unit Development (PUD) at the Planning and Zoning Commission on January 10, 2024, with discussion at the Committee of the Whole on January 29, 2024. Since that time Ozinga has been working with Village staff to prepare an easement and agreement that would accommodate the Village's planned bicycle and pedestrian bridge within the Stephen Street right of way and allow for Ozinga's continuous operations of their site, which is utilizes parcels east and west of the Village's planned bridge. The attached PUD ordinance incorporates this grant of easement as an exhibit. ANALYSIS Comprehensive Plan The future land use in the Lemont 2030 Comprehensive Plan identifies the Ozinga property as Industrial (IND) and the Ozinga PUD falls within this expected future land use. Planning & Zoning Commission (PZC) The PZC recommended approval unanimously (6-0) with five conditions that were incorporated into the PUD ordinance. Committee of the Whole (COW) Concerns over the planned bicycle and pedestrian bridge and Ozinga's operations along - and under - this bridge have been addressed by the grant of easement. Consistency with Village Policy Lemont 2030 Comprehensive Plan STAFF RECOMMENDATION Staff is recommending approval of the attached ordinance. BOARD ACTION REQUESTED A motion to approve the attached ordinance. ATTACHMENTS An Ordinance Granting a Final Planned Unit Development for Ozinga at 11400 Old Lemont Road in Lemont VILLAGE OF LEMONT ORDINANCE NO. 0 -36-; 4 AN ORDINANCE GRANTING A FINAL PLANNED UNIT DEVELOPMENT (PUD) FOR OZINGA AT 11400 OLD LEMONT ROAD IN LEMONT, ILLINOIS. (Ozinga) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS --ft— DAY OFS%024 Published in pamphlet form by Authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage Illinois, this q day of ��p� 1y�24. ORDINANCE NO. a - �61 - q AN ORDINANCE GRANTING A FINAL PLANNED UNIT DEVELOPMENT (PUD) FOR OZINGA AT 11400 OLD LEMONT ROAD IN LEMONT, ILLINOIS. (Ozinga) WHEREAS, Richard Slager of Ozinga Ready Mix Concrete, Inc., (hereinafter referred to as the "Petitioner"), is the applicant acting on behalf of the owner of the property covering approximately 10.727 acres located at 11400 Old Lemont Road (PINS# 22-20-100- 015 and 22-20-100-020), legally described in Exhibit A (hereinafter referred to as the "Subject Property"); and WHEREAS, the Petitioner applied on December 22, 2023 pursuant to the provisions of the Lemont, Illinois Municipal Code, Title 17 Unified Development Ordinance ("UDO") seeking approval of a Final Planned Unit Development (PUD), (hereinafter referred to as "Ozinga PUD"); and WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois conducted a public hearing on January 10, 2024 for the Ozinga PUD request and voted 6-0 to recommend approval of the Final Planned Unit Development (PUD) with conditions that have been incorporated into this Ordinance; and WHEREAS, said Ozinga PUD consists of the following: 1. Ozinga Project Summary letter dated December 22, 2023, attached as Exhibit B; and 2. Plat of Survey by Stonelake Survey Company dated January 17, 2012, attached as Exhibit A; and 3. Site Plan depicting additional silo by David Bruce Zylstra dated May 14, 2022, attached as Exhibit C; and 4. Survey with existing conditions of subject property by Ruettiger, Tonelli & Associates, Inc. dated 5/19/2016, attached as Exhibit D; and 5. Elevations and Silo Rendering, attached as Exhibit E. WHEREAS, the following zoning departures from UDO standards are a part of this PUD within this Ordinance: 1. § 17.06.060. A portable trailer is used as an office and a portable trailer is used as a bathroom both located on property zoned M-3; and 2. § 17.06.070. The portable trailers are void of landscaping and have visible foundations; and 3. § 17.06.130. There is outdoor storage of bulk material related to Ozinga's concrete business; and 4. § 17.06.190. There is no parking lot pavement with striped or curbed stalls for storage of cement trucks; and 5. §17.07.010 and Table 17-07-03. The existing silo and silo structure are 61-feet in height, greater than the allowed maximum height of 35-feet in the M-3 zoning district; and 6. § 17.07.010 and Table 17-07-03. The additional stand-alone silo, approved as a part of this PUD, is 72-feet in height, greater than the allowed maximum height of 35-feet in the M-3 zoning district; and 7. §17.08.030. The subject property does not adhere to the Village's development standards; and 8. § 17.10.070. The subject property does not utilize a solid surface for open off-street parking, loading spaces, access drives and aisles, approved by the Village Engineer or in accordance with specifications in the UDO ordinance; and 9. §17.12. Stacked concrete block "jersey barriers" are utilized as fences and walls throughout the subject property; and 10. § 17.20. The subject property does not meet the requirements for landscaping for location, size and quantity; and 11. § 17.26.020. The subject property does not have a parking lot improved with protective curbs or wheel stops; and 12. § 17.26.100. There is no paved access driveway or curbs at driveway aprons; and 13. § 17.26.110. There are no curbs or sidewalks located on or in association with the subject property or Ozinga concrete business; and 14. § 17.27.020. The subject property is not connected to the Village's water systems; and 15. § 17.28.020. The subject property is not connected to the Village's sewer system. NOW, THEREFORE BE IT ORDAINED by the Village President and Board of Trustees of the Village of Lemont, Counties of Cook, DuPage, and Will, Illinois as follows: SECTION ONE: Incorporation of Recitals. The foregoing findings and recitals are hereby adopted as Section One of this Ordinance and are incorporated by reference as if set forth verbatim herein. SECTION TWO: Subject to the below conditions, the following documents are hereby approved in substantially the form attached hereto: 1. Ozinga Project Summary letter dated December 22, 2023, attached as Exhibit B; and 2. Plat of Survey by Stonelake Survey Company dated January 17, 2012, attached as Exhibit A; and 3. Site Plan depicting additional silo by David Bruce Zylstra dated May 14, 2022, attached as Exhibit C; and 4. Survey with existing conditions of subject property by Ruettiger, Tonelli & Associates, Inc. dated 5/19/2016, attached as Exhibit D; and 5. Elevations and Silo Rendering, attached as Exhibit E. SECTION THREE: Conditions. The approvals set forth in this Ordinance are contingent upon the following conditions: 1. General Conditions. Unless otherwise approved by the Village Board the Subject Property shall be developed and maintained in accordance with Village Code and the exhibits to this Ordinance. 2. If the property is to be redeveloped or changes in use, all new development and new uses must adhere to the codes and standards of the Village. 3. The new silo and existing silo shall be painted a neutral color at the time of installation and made a part of the building permit. 4. Ozinga shall try to reduce the amount of gravel, dirt and debris run off onto adjacent roads and rights -of -way. 5. All disturbance and improvements after the adoption of this ordinance shall require coordination and any necessary permits with the Village of Lemont and all other appropriate jurisdictions. 6. Execution of the Grant of Easement in substantially the form attached hereto as Exhibit F and incorporated herein by reference subject to such amendments as approved by the Village Administrator. SECTION FOUR: The Village Clerk of the Village of Lemont be and is directed hereby to publish this Ordinance in pamphlet form, pursuant to the Statutes of the State of Illinois, made and provided. SECTION FIVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication provided by law. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DuPAGE, ILLINOIS, on this q_ day , 2024., Janelle Kittridge Dave Maher Ken McClafferty Kevin Shaughnessy Rick Sniegowski Ron Stapleton ATTEST: PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS V ABSENT: ABSTAIN OHN EGOFSKE, Village President View `�w llm CH ENE . S OL EN, Village Clerk F t e+ 7�j fa1:4111H11to, FWJNEt 105-JOtl-1010 FW,, aemw AL91N / IS4-OWm6 uaj"F3owa0640"f3 L.EGAt. DESCRIPTION F�APINa 6Cgb6sISA7 LTE'IES AM 6TA1ti16�OF5ZRPR.Y., MtT W W LOT 213 N SW MY CIVXT YRJMCV StOoMI CA1 M NOR M MY IRON !Krill AMC SWCU CarULN Of SECOCN W. 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MFNCE NOARF Oa OtwW SS 1wv'25 32 `.7 aes 4tSr 43.16 (m TO A FVM CN 66 9t51E#LY LF![ OF 9W FOfCNr NGC; fM} SCV%M OS SIUM mlmnYi TK CA 1m scwm Wit; Or OW, SUai Or Sa MI ro rf& ivN( c>f 6t47v�wU. Ml t�NDOwl VpA STATE Or Itugys ARM MWOW0 LCMDW it, Al STFPNETr $1, - UM7 AFAFSt MOM Fa' wu � , EXHIBIT B Ozinga Bros.. Inc. 19001 Old LaGrange Road. Mokena, IL 60448 708.326.4200 December 22, 2023 Community Development Department 418 Main Street Lemont, Illinois 60439 Dear Community Development, On behalf of the Ozinga Development Group, I would like to summarize the scope of work that is proposed at the 11400 Old Lemont Road property. We have in the last year to year -and -a -half been in the process of securing a permit to install a 72' tall x 12' diameter white steel silo adjacent to our existing building. The parcels of land that are in affected areas are noted in the survey and application which are attached in this submittal. The area encompasses 10.7 acres and is used for storage of aggregates and the production plant of ready -mix concrete. Structures on the property, plant and office trailers cover 3,250 sq ft. The area is approximately 98,000 sq. ft. covered with impervious pavement leaving 366,018 sq. ft of pervious ground that contains primarily aggregate storage piles. We have room for 27 employee parking spaces and parking for 20 ready mix trucks, all on pervious ground. The plant consists of an enclosed white metal clad sided building which is 34' tall and has 2 silo's that protrude through the roof at heights of 48' and 61'. The proposed silo would be on the outside of the building on the north elevation and would be at a height of 72' @ + or — 1'. The purpose of the silo is store more cementious material, which is a non -hazardous material, to aid in plant efficiencies and concrete design output. It would also aid in inventory supply for peak production during the morning and early afternoon hours. I have attached a spread sheet of the different types of vehicles the work within our yard. The details of our traffic study are based off 2023 production rates divided into quarterly segments since we have various rates throughout the year. They are average reports, and no electronic system was used to determine our findings. Sincerely, �iC4 Rich Slager Ozinga Strategic Development- Property Manager www.ozinga.com EXHIBIT C EXHIBIT D a O vx.ce.ms �.a.w.czu Qss i. •w: s.wr am d d b ry Yr� J Q H W - } Q � - J w U Q a J Q n F— W' _ O Z ZD J i. m N 9y •, c) L) ` a , - •As ry EXHIBIT E x ION■ NONE NOON loom 99q 5q r 4 46 X C� EXHIBIT F GRANT OF EASEMENT This grant of ase ent agreement ("Easement Agreement") is made and entered into as of the day of % 2024 ("Effective Date') by and between the Village of Lemont, an Illinois m nicipal corporation ("Lemont") and Ozinga Ready Mix Concrete, Inc. ("Ozinga"). Lemont and Ozinga may be referred to individually as a "Party" and collectively as the "Parties." WHEREAS, Lemont is the owner of the property legally described on Exhibit A attached hereto and incorporated herein and depicted on Exhibit B attached hereto and incorporated herein by reference ("Lemont Property"); and WHEREAS, Lemont is performing engineering studies in order to construct the Stephen Street Connection Bridge ("Bridge") on the Lemont Property; and WHEREAS, Ozinga leases two parcels from the Metropolitan Water Reclamation District of Greater Chicago ("MWRDGC") ("Ozinga Property") which are legally described on Exhibit C attached hereto and incorporated herein by reference and depicted on Exhibit D attached hereto and incorporated herein by reference; and WHEREAS, the Ozinga Property is located immediately to the east and west of the Lemont Property; and WHEREAS, Ozinga has requested Lemont to grant a non-exclusive easement ("Easement") across the Lemont Property in order to facilitate cross -access to the Ozinga Property; and WHEREAS, Lemont is willing to agree to the Easement pursuant to the terms and conditions of this Easement Agreement. NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. The foregoing preambles are restated and incorporated herein by reference as though fully set forth herein. 2. Grant of Easement: Lemont grants non-exclusive easement to Ozinga. across the Lemont Property for the sole purpose of allowing Ozinga to cross -access the Ozinga Property provided that Ozinga's use of the Easement shall not interfere with the current or future use of the Lemont Property. Under no circumstances shall Ozinga be allowed to store any of its materials, including but not limited to sand, aggregate and cement or any of its personal property, including but not limited to vehicles, trailers and equipment of any nature on the Lemont Property. Ozinga is further prohibited from constructing any temporary or permanent structure on the Lemont Property. 3. Term of Easement: The Easement granted by this Easement Agreement shall continue in effect so long as Ozinga is the lessee of the Ozinga Property. This Easement granted pursuant to the Easement Agreement will terminate at such time as Ozinga no longer leases the Ozinga Property from the MWRDGC or its successors. 4. Indemnity: Ozinga shall hold harmless, release, and indemnify Lemont, its elected and appointed officers and officials, employees, agents, successors and assigns (collectively the "Lemont Indemnitees"), from all claims, causes of action, suits, damages, injuries to property and persons, including loss of life, demands, liability, loss, liens, penalties, fines, interest, costs and expenses (including, without limitation, reasonable attorneys' fees and litigation costs incurred by the Lemont Indemnitees in connection therewith), related to the Easement which are in any manner related to the negligence or willful misconduct by Ozinga and Ozinga's employees, agents, successors and assigns 5. Restoration of Lemont Property: In the event Ozinga damages any portion of the Lemont Property, including, but not limited to the Bridge, Ozinga shall upon notice to Ozinga by Lemont, immediately repair the damage to the Lemont Property. If Ozinga fails to initiate repairs with fourteen (14) days of notice by Lemont and complete the repairs on an expeditious basis Ozinga shall be responsible for all costs incurred by Lemont to complete the repairs. 6. No Lien: Ozinga shall not permit any lien against the Lemont Property or any improvements thereon. In the event of any such lien attached to the Lemont Property or any improvements thereon, Ozinga shall immediately have such lien released. Miscellaneous: A. This Easement Agreement may not be amended except pursuant to a written instrument signed by the Parties. B. If any one or more of the provisions of this Easement Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable or unenforceable, then this Easement Agreement shall continue to operate pursuant to its remaining terms or in the event that this Easement Agreement cannot operate pursuant to its remaining terms then the voided provisions shall be reconstructed by a court of competent jurisdiction. C. This Easement Agreement is binding upon the successors and assigns of the Parties. D. The waiver by either Party of any breach or violation of any provision of this Easement Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other provision of this Easement Agreement. 8. This Easement Agreement creates no rights, title or interest in any person or entity whatsoever (whether under a third -party beneficiary thereof or otherwise) other than the Parties. 9. Under no circumstances shall this Easement Agreement be construed as one of agency, partnership, joint venture or employment between the Parties. The Parties shall each be solely responsible forth e conductor their respective officers, employees and agents in connection with the performance of their obligations under this Easement Agreement. 10. All disputes between the Parties shall, at the election of either Party, be the subject of a civil suit. Venue for any such suit shall be in the Fifth Municipal District of the Circuit Court of Cook County, Illinois. 11. Notices. Any and all notices, demands,- requests and other communications necessary or desirable to be served under this Easement Agreement shall be in writing and shall be either personally delivered or delivered to the Party by (i) email, (ii) prepaid same -day or overnight delivery service (such as Federal Express or UPS), with proof of delivery requested, or (iii) United States registered or certified mail, return receipt requested, postage prepaid, in each case addressed as follows: Village of Lemont: George Schafer Village of Lemont 418 Main Street Lemont, Illinois 60439 Email: gschafer@lemont.il.us With a copy to: Michael Stillman Ancel Glink Ozinga: 1979 North Mill Street, Suite 207 Naperville, Illinois 60563 mstillman@ancelglink.com Email: or such other address or addresses or to such other Party when any Party entitled to receive notice hereunder may designate for itself from time to time in a written notice served upon the other Parties hereto in accordance herewith. Any notice sent as hereinabove provided shall be deemed to have been received (i) on the date it is personally delivered, if delivered in person, (ii) on the date it is electronically transmitted by email, (iii) on the first business day after the date it is deposited with the overnight courier service, if delivered by overnight courier service, or (iv) on the third (3rd) business day following the postmark date which it bears, if delivered by. United States registered or certified mail, return receipt requested, postage prepaid. 12. This Easement Agreement may not be amended except pursuant to a written instrument signed by the Parties. 13. This Easement Agreement is binding upon the successors and assigns of the Parties. In witness, whereof, the Partis have signed and executed this Easement Agreement on the Effective Date. Village of Lemont, Ozinga Ready Mix Concrete, Inc., By: By: ohn Egofske Its authorized representative Mayor EXHIBIT A LEGAL DESCRIPTION That part of the Northwest Quarter of Section 20, Township 37 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD83 (2011 Adjustment), with a combined factor of 0.99995632, described as follows: Commencing at the intersection of the northwesterly line of the Sanitary and Ship Canal with the westerly line of Stephen Street; thence North 23 degrees 11 minutes 19 seconds West along said westerly line, 20.86 feet to the Point of Beginning; thence continuing North 23 degrees 11 minutes 19 seconds West along said westerly line, 40.00 feet; thence North 66 degrees 48 minutes 41 seconds East, 66.00 feet to the easterly line of said Stephen Street; thence South 23 degrees 11 minutes 19 seconds East along said easterly line, 40.00 feet; thence South 66 degrees 48 minutes 41 seconds West, 66.00 feet to the Point of Beginning. Said parcel containing 0.061 acre, more or less. 5 EXHIBIT B DEPICTION OF LEMONT PROPERTY z y F N O Z = J * a W O W H � _ � � H m y T z _ Z Y _ - Q W W S w u - F F Z u. � - _ S O a a W o z o w 2 6 O�� nW 0 2 6 z: Z wz--r S ozaz W W JO�W J >u- z yN W r/ / W a - Q�• ��' aa�s�Ib a LLI LLI O _ a �d sty �� W z ti � s� a J W z F.. Q Qa IIVOW31 W 0 a 0 = W Y z = o CDz 'ds W OQ Lu = Um CL W O Q I— v J W .. N 26 cap 0 C ® y N J yj O F- V! z g H�zh- y OLUO_ O OC cn L) N J'o o CL -W o 3�oos�� Z L' zw ILU wis s�Ozwe �'� mo a o'2_- a FawS w - �yqyq=�ia�i Bi- O (I VON 1NO"lI- PI n a \•\ w C) _ z _ � o =v m rr Q rL EXHIBIT C LEGAL DESCRIPTIONS OF OZINGA PROPERTY METES AND BOUNDS DESCRIPTION: THAT PART OF LOT 213 IN SANITARY DISTRICT TRUSTEES' SUBDIVISION OF RIGHT OF WAY FROM NORTH AND SOUTH CENTERLINE OF SECTION 30, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN TO WILL COUNTY UNE, LYING WESTERLY OF THE WESTERLY LINE STEPHEN STREET OF LEMONT AS EXTENDED AND EASTERLY OF A LINE 500 FEET WESTERLY OF AND PARALLEL TO SAID WESTERLY LINE OF STEPHEN STREET, AND LYING SOUTHERLY OF A LINE 783.45 FEET NORTHERLY OF AND PARALLEL TO THE NORTHERLY LINE OF THE MAIN CHANNEL AND LYING WEST OF THE WESTERLY LINE OF LEMONT ROAD BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WESTERLY LINE OF SAID STEPHEN STREET WITH THE SOUTHERLY LINE OF SAID LOT 213 IN THE FAST HALF OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 11 LAST OF THE THIRD PRINCIPAL MERIDIAN. THENCE SOUTH 67 DEGREES 48 MINUTES 19 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 213 A DISTANCE OF 209.11 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 67 DEGREES 48 MINUTES 19 SECONDS WEST 290.88 FEET; THENCE NORTH 21 DEGREES 48 MINUTES 55 SECONDS WEST 783.45 FEET; THENCE NORTH 67 DEGREES 48 MINUTES 19 SECONDS FAST 349.86 FEET. - THENCE SOUTH 87 DEGREES 39 MINUTES 09 SECONDS EAST 164.57 FEET TO A POINT ON THE WESTERLY LINE OF SAID STEPHEN STREET; THENCE SOUTH 21 DEGREES 48 MINUTES 55 SECONDS FAST 306.59 FEET TO A POINT ON THE WESTERLY LINE OF SAID LEMONT ROAD; THENCE SOUTH 05 DEGREES 12 MINUTES 59 SECONDS WEST 460.11 FEET TO THE POINT OF BEGINNING, AND ALSO THAT PORTION OF SAID LOT 213 LYING EAST OF THE EASTERLY LINE OF SAID LEMONT ROAD DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY LINE OF SAID STEPHEN STREET WITH THE SOUTHERLY LINE OF SAID LOT 213 IN THE FAST HALF OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP MO RANGE AFORESAID; THENCE SOUTH 67 DEGREES 48 MINUTES 19 SECONDS WEST ALONG THE SOUTH LINE OF SAIO LOT 213, A DISTANCE OF 107.73 FEET TO THE EASTERLY LINE OF SAID LEMONT ROAD; THENCE NORTH 05 DEGREES 12 MINUTES 59 SECONDS EAST 237.04 FEET TO A POINT ON THE WESTERLY LINE OF SAID STEPHEN STREET; THENCE SOUTH 21 DEGREES 48 MINUTES 55 SECONDS EAST ALONG THE WEST LINE OF SAID STEPHEN STREET 210.43 FEET TO THE POINT OF BEGINNING, AND ALSO THAT PORTION OF SAID LOT 213 LYING EAST OF THE EASTERLY LINE OF SAID LEMONT ROAD AND LYING £AST OF THE EAST LINE OF STEPHEN STREET AFORESAID, MO LYING WEST OF THE WESTERLY LINE OF ILLINOIS CENTRAL GULF RAILROAD PROPERTY DESCRIBED AS FOLLOWS: BEGINNING AT EASTERLY LINE OF SAID STEPHEN STREET WITH THE SOUTHERLY LINE OF SAID LOT 213 IN THE FAST HALF OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP AND RANGE AFORESAID; THENCE NORTH 21 DEGREES 48 MINUTES 55 SECONDS WEST ALONG SAID EASTERLY LINE M9.35 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF LEMONT ROAD; THENCE NORTH 05 DEGREES 12 MINUTES 59 SECONDS EAST 208,93 FEET; THENCE SOUTH 49 DEGREES 22 MINUTES 27 SECONDS EAST 514.34 FEET TO A POINT ON THE WESTERLY LINE OF SAID ILLINOIS CENTRAL GULF RAILROAD PROPERTY; THENCE SOUTH 08 DEGREES 30 MINUTES 01 SECONDS WEST 78.23 FEET TO A POINT IN THE SOUTH LINE OF SAID LOT 213; THENCE SOUTH 67 DEGREES 4,8 MINUTES 19 SECONDS WEST 293.44 FEET TO THE POINT OF BEGINNING, AND ALSO THAT PORTION OF SAID LOT 213 LYING WEST OF THE WESTERLY LINE OF SAID LEMONT ROAD AND LYING EAST OF THE EAST LINE OF STEPHEN STREET AFORESAID, DESCRIBED AS FOLLOWS: COMMENCING AT THE EASTERLY LINE OF SAID STEPHEN STREET WITH THE SOUTHERLY LINE OF SAID LOT 213 IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP AND RANGE AFORESAID; THENCE NORTH 21 DEGREES 48 MINUTES 55 SECONDS WEST ALONG SNO EASTERLY LINE 537.38 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 21 DEGREES 48 MINUTES 55 SECONDS WEST 94.00 FEET; THENCE NORTH 86 DEGREES 53 MINUTES 32 SECONDS EAST 43.18 FEET TO A POINT ON THE WESTERLY LINE OF SAID LEMONT ROAD; THENCE SOUTH 05 DEGREES 12 MINUTES 59 SECONDS WEST 89.98 FEET TO THE POINT OF BEGINNING, ALL. BEING SITUATED IN THE COUNTY OF COOK, STATE OF ILLINOIS. EXHIBIT D DEPICTION OF OZINGA PROPERTY PLAT OF SURVEY STONELAKE SURVEY CO., LTD. REGISTERED LAND SURVEYORS 12838 WHITE OAK COURT HOMER GLEN, ILLINOIS 60491 PHONE: 708-388-1010 PROF. DESIGN FIRM / 184-003766 LICENSE fXPWES 04 JO 0E3 LEGAL DESCRIPTION E—AWL• stonelakesurvey®sbcg/obol.net METES AND BOUNDS DESOMPTIINN: THAT PART OF LOT 213 IN SANITARY DISTRICT TRUSTEES' SUBDIVISION OF RIGHT OF WAY FROM NORM AND SOUTH CENTERLINE OF SECTION 30, TOWNSHIP 39 NORTH, RANCE 14 FAST OF THE THIRD PRINCIPAL MERIDIAN TO WILL COUNTY LINE, LYING WESTERLY OF THE WESTERLY LINE STEPHEN STREET OF LEMONT AS EXTENDED AND EASTERLY OF A UNE MO FEET WESTERLY OF AM PARALLEL TO SAID WESTERLY UNE OF STEPHEN STREET, AND LYING SOUTHERLY OF A UNE 783.45 FEET NORTHERLY OF AND PARALLEL. TO THE NORTHERLY LINE OF THE AWN CHANNEL ANO LYING WEST OF THE WESTERLY LINE OF IBIONT ROAD [ONO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WESTERLY LINE OF SAID STEPHEN STREET WITH THE SOUTHERLY UNE OF SAD LOT 213 IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 37 NORTH, RANGE I I EAST OF THE THIRD PRINCIPAL UENOVN; THENCE SOUTHH 67 DEGREES 48 MINUTES 19 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 213 A DISTANCE OF 209.11 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 67 DEGREES 46 MINUTES 19 SECONDS WEST 290.88 FEET; THENCE NORM 21 DEGREES 48 MINUTES 55 SECONDS WEST 183.45 FEET; THENCE NORM 67 DEGREES 48 MINUTES 19 SECONDS EAST 349.88 FELT; THENCE SOUTH 87 DEGREES 39 MINUTES 09 SECONDS FAST 164.57 FEET TO A POINT ON ME WESTERLY UNE OF SAID STEPHEN STREET; THENCE SOUTH 21 DEGREES 48 MINUTES 55 SECONDS EAST 306.59 FEET TO A POW ON THE WESTERLY LINE OF SAID LEMONT ROAD; THENCE SOUTH 05 DECREES 12 MINUTES 59 SECONDS WEST 460.11 FEET TO THE POINT OF BEGINNING, v V 21 TOFLD? � � PPR \o TC,N��PTR gP AREA EXCLUDING LEMONT RD. & STEPHEN ST, - 10.727 ACRES± o ADDRESS LEMONT RD. & STEPHEN ST., LEMONT, IL j` SURVEYED FOR OZINGA BROS. o ORDERED BY RICH OE00ER H ORDER NO. 6990-A BOOK 579 PAGE 57 ' p REFER TO DEED TITLE POLICY AND LOCAL ORDINANCES 0 0 100 2 3 FOR BUILOMG ROMIC71ONS & EASEMENTS SCALE: 1'=1GO' NO MEASUREMENTS ARE TO BE ASSUMED BY SCALING AND ALSO THAT PORTION OF SAID LOT 213 LYING EAST OF THE EASTERLY UNE OF SAID LEMONT ROAD DESCRIBED AS FOLLOWS: BEGINNING AT HIE WESTERLY UNE OF SAID STEPHEN STREET WITH THE SOUTHERLY UNE OF SAD LOT 213 N THE EAST HNNF OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP AND RANGE AFORESAID; THENCE SOUTH 87 DEGREES 46 MINUTES 19 SECONDS WEST ALONG THE SOUTH LINE OF SW LOT 213, A DISTANCE OF 107.73 FEET TO THE EASTERLY UNE OF SAID LEMONT ROAD; THENCE NORTH 05 DECREES 12 MINUTES 59 SECONDS FAST 237.04 FEET TO A PORT ON THE WESTERLY UNE OF SAID STEPHEN STREET; THENCE SOUTH 21 DEGREES 48 MINUTES 55 SECONDS FAST ALONG THE WEST LINE OF SAID STEPHEN STREET 210.43 FEET TO THE PORT OF BEGINNING, AND ALSO THAT PORTION OF SAID LOT 213 LYING EAST OF THE EASTERLY UNE OF SAID LEMONT ROAD AND LYING EAST OF THE EAST UNE OF STEPHEN STREET AFORESAID, AND LYING WEST OF THE WESTERLY UNE OF ILINOIS CENTRAL GULF RAILROAD PROPERTY DESCRIBED AS FOLLOWS: BEGINNING AT EASTERLY UNE OF SAID STEPHEN STREET WITH THE SOUTHERLY UNE OF SAID LOT 213 IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP AND RANGE AFORESW, THENCE NORTH 21 DEGREES 48 MINUTES 55 SECONDS WEST ALONG SAID EASTERLY ONE 39.35 FEET TO A POINT IN THE SOUTHEASTERLY UNE OF LEMONT ROAD; THENCE NORTH 05 DEGREES 12 DIMITIES 59 SECONDS EAST 208.93 FEET; THENCE SOUTH 49 DEGREES 22 MINUTES 27 SECONDS FAST 514.34 FEET TO A POINT ON THE WESTERLY LINE OF SAID IWNOIS CENTRAL GULF RMROAD PROPERTY; TFIENCE SOUTH 08 DEGREES 30 MINUTES 01 SECONDS WEST 78.23 FEET TO A POINT IN THE SOUTH UNE OF SAID LOT 213; THENCE SOUTH 67 DECREES 48 MINUTES 19 SECONDS WEST 293.44 FEET TO THE POINT OF BEGINNING, AND ALSO THAT PORTION OF SAID LOT 213 LYING WEST OF THE WESTERLY LINE OF SAID LEMONT ROAD AND LYING EAST OF THE EAST UNE OF STEPHEN STREET AFORESAID, DESCR10E0 AS FOLLOWS: COMMENCING AT THE EASTERLY UNE OF SAO STEPHEN STREET WITH THE SOUTHERLY LINE OF SAID LOT 213 IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP AND RANGE AFORESAID, THENCE NWTM 21 DEGREES 48 MINUTES 55 SECONDS WEST ALONG SAID EASTERLY LINE 537.38 FEET TO THE POINT OF BEGINNING; THENCE CONTINVIHG NORTH 21 DEGREES 48 MINUTES 55 SECONDS WEST 94.00 FEET; THENCE NORTH 86 DEGREES 53 MINUTES 32 SECONDS EAST 43.18 FEET TO A POINT ON THE WESTERLY UNE OF SAID LEMONT ROAD; THENCE SOUTH 05 DEGREES 12 MINUTES 59 SECONDS WEST 69.98 FEET TO THE POINT OF BEGINNING, ALL BEING MUATED IN THE COUNTY OF COOK, STATE OF IUNOIS. STATE OF IWNOIS ) COUNTY OF YflLL STONELAKE SURVEY CO„ LTD. HEREBY CERTIFIES THAT THEY HAVE SURVEYED THE PROPERTY DESCRIBED ABOVE, AND PREPARED THE HEREON DRAWN PLAT, JANUARY 17, 2012 ___ _ DATE: BY: IL PROFESSIONAL LAND SURVEYOR /35-1702 MY LICENSE EXPIRES 11-30-2012 THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT MINIMUM STANDARDS FOR A BOUNDARY SURVEY. FnD WORK COMPTF'(Fn I1FFH11RFR 27. 2011 n1-17-9019Rc f V ,L.i IQ IY{ A.4 Q