O-24-10 Ordinance Annexation Agreement COXORDINANCE NO.0 • a Lt ° (
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT
FOR APPROXIMATELY 2.62 ACRES LOCATED AT 16754 NEW AVENUE, LEMONT
(Cox Annexation)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 10TH DAY OF MAY, 2010
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 10th
day of May, 2010.
ORDINANCE NO
-/D
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT
FOR APPROXIMATELY 2.62 ACRES LOCATED AT 16754 NEW AVENUE, LEMONT
(Cox Annexation)
WHEREAS, the Donald H. Cox Trust is the owner of territory covering approximately 2.62 acres
located at 16754 New Avenue ( "the Subject Property "); and
WHEREAS, Donald H. Cox, Trustee of the Donald H. Cox Trust, is ready, willing, and able to enter
into an Annexation Agreement covering the Subject Property and perform the obligations as required therein,
and;
WHEREAS, a copy of said Annexation Agreement, including a legal description of the Subject
Property, has been attached hereto and incorporated 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 is hereby authorized and directed to sign, and the Village Clerk is
directed to attest to, a document known as the "Donald H. Cox Trust Annexation Agreement," a copy of
which is attached hereto and made a part hereof.
Section 2. That this ordinance shall be in 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
VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this 10th
day of May, 2010.
Debby Blatzer
Paul Chialdikas
Clifford Miklos
Ron Stapleton
Rick Sniegowski
Jeanette Virgilio
AYES NAYS ABSENT ABSTAIN
Approved by me this 10`h day of May, 2010
_�
• 01 . REA 1E Village President
Attest:
ARLENE M. SMOLLEN, Village Clerk
1 DONALD II. COX ANNEXATION AGREEMENT
2
3
4 ARTICLE TITLE
5
6 I Definitions
7
8 II Annexation
9
10 III Zoning and Land Use Restrictions
11
12 IV Relief from Village Requirements
13
14 V Property Tax Abatement
15
16 VI Required Improvements
17
18 VII Damage to Public Improvements
19
20 VIII Easements and Utilities
21
22 IX Approval of Plans
23
24 X Binding Effect and Term and Covenants Running with the
25 Land
26
27 XI Notices
28
29 XII Security Interests
30
31 XIII Warranties and Representations
32
33 XIV Continuity of Obligations
34
35 XV No Waiver or Relinquishment of Right to Enforce
36 Agreement
37
38 XVI Village Approval or Direction
39
40 XVII Singular and Plural
41
42 XVIII Section Headings and Subheadings
43
44 XIX Authorization to Execute
45
46 XX Amendment
47
48 XXI Counterparts
1
2 XXII Curing Default
3
4 XXIII Conflicts Between the Text and Exhibits
5
6 XXIV Severability
7
8 XXV Reimbursement to Village for Legal and Other Fees /
9 Expenses
10 • To Effective Date of Agreement
11 • From and After Effective Date of Agreement
12
13 XXVI Execution of Agreement
14
15
16 EXHIBIT TITLE
17
18
19 A Legal Description of Subject Property
20
21 B Plat of Annexation to the Village of Lemont, prepared by
22 James L. Cainkar, PLS, and dated 02/23/10
23
24
ii
1 ANNEXATION AGREEMENT
2
3 THIS ANNEXATION AGREEMENT, is made and entered into this day of
4 , 2010, between the Village of Lemont, a municipal corporation of the Counties of
5 Cook, DuPage and Will, in the State of Illinois (hereinafter referred to as "the VILLAGE ") and
6 Donald H. Cox (hereinafter referred to as "OWNER "); the Village and the OWNER are
7 hereinafter sometimes referred to individually as a "Party" and collectively as the "Parties "; and,
8
9 WHEREAS, the OWNER are the owner of record of the real estate (hereinafter referred
10 to as the "TERRITORY "), the legal description of which is attached hereto as Exhibit A and by
11 this reference made a part hereof; and,
12
13 WHEREAS, the OWNER filed a petition for annexation of the TERRITORY to the
14 VILLAGE (hereinafter, the "Petition ") that requested annexation of the TERRITORY subject to
15 execution of an annexation agreement acceptable to the OWNER and the VILLAGE; and,
16
17 WHEREAS, the TERRITORY has not been annexed to any municipality; and,
18
19 WHEREAS, the TERRITORY constitutes an area that is contiguous to and may be
20 annexed to the VILLAGE, as provided under the Illinois Municipal Code, 65 ILCS 5/7 -1 -1, et.
21 seq.; and,
22
23 WHEREAS, the OWNER and VILLAGE agree that they will be bound by the terms of
24 this Annexation Agreement; and,
25
26 WHEREAS, the VILLAGE would extend its zoning, building, health and other
27 municipal regulations and ordinances over the TERRITORY, thereby protecting the VILLAGE
28 from possible undesirable or inharmonious use and development of unincorporated areas
29 surrounding the VILLAGE; and,
30
31 WHEREAS, the new boundaries of the VILLAGE, resulting from this Annexation shall
32 extend to the far side of every highway and shall include all of every highway not already
33 annexed; and,
34
35 WHEREAS, the parties desire, pursuant to Chapter 65, Article 5, Section 11 -15.1 of the
36 Illinois Municipal Code, to enter into an Agreement with respect to Annexation of the
37 TERRITORY and various other matters; and,
38
39 WHEREAS, pursuant to the provisions of the Statute, the corporate authority of the
40 VILLAGE has duly fixed a time for and held a hearing upon the Annexation Agreement and has
41 given notice of said hearing; and,
42
43 WHEREAS, the corporate authority of the VILLAGE has considered the Annexation of
44 the TERRITORY described in the Petition and has determined that the best interest of the
45 VILLAGE will be met if the TERRITORY is annexed to the VILLAGE and developed in
46 accordance with the provisions of the Agreement.
47
1
1 NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
2 hereinafter contained, the Parties agree as follows:
3
4 I
5
6 DEFINITIONS
7
8 BUILDING CODE The code or codes governing the erection and maintenance of buildings.
9
10 COMMON AREA A parcel of land or an area of water, or combination thereof, and any
11 improvements thereon, within a designated development tract (such as a subdivision) which is
12 designed for common use or benefit and not reserved for the exclusive use or benefit of an
13 individual tenant or owner. Examples of common areas include, but are not limited to: green
14 open spaces, parking lots, and pedestrian walkways.
15
16 FINAL ENGINEERING PLAN A plan, signed and sealed by a licensed professional engineer
17 registered in the state of Illinois that meets the requirements for a final engineering plan in the
18 Unified Development Ordinance. A final engineering plan depicts all public and private support
19 facilities including, but not limited to: roads, sidewalks, drainage ditches, culverts and water
20 retention areas, sanitary sewers, storm sewers, water supply lines, and illumination.
21
22 FINAL PLAT A plat of all or a portion of a subdivision or site plan that is presented to the
23 Village for final approval.
24
25 PLAT A document, prepared by a registered surveyor or engineer that delineates a tract of land,
26 showing the boundaries and locations of individual properties and streets.
27
28 PLAT OF ANNEXATION A plat that depicts the property to be annexed.
29
30 PROPERTY A lot, parcel, tract or plot of land together with the buildings and structures
31 thereon.
32
33 PUBLIC IMPROVEMENT Any improvement, facility, or service together with its associated
34 public site or right -of -way necessary to provide transportation, drainage, public or private
35 utilities, energy, or other essential services.
36
37 UNIFIED DEVELOPMENT ORDINANCE Ordinance 0 -7 -08, as amended.
38
39
40 II
41
42 ANNEXATION
43
44 Subject to the provisions of Chapter 65, Article 5 Section 7 of the Illinois Municipal
45 Code, the parties hereto respectively agree to do all things necessary or appropriate to cause the
46 TERRITORY to be validly annexed to the VILLAGE as promptly as possible after execution of
47 this agreement.
48
2
The Plat of Annexation of said TERRITORY is attached hereto as Exhibit B. Said Plat
2 extends the new boundaries of the VILLAGE to the far side of any adjacent highway not already
3 annexed and includes all of every highway within the TERRITORY so annexed. Upon adoption
4 of an ordinance annexing the TERRITORY to the VILLAGE, the Village Clerk shall cause a
5 copy of said ordinance and said Plat to be duly recorded with the Cook County Recorder, and
6 duly filed with the Cook County Clerk. The Village Clerk shall also send notice of annexation of
7 the TERRITORY to the Cook County Elections Department and the U.S. Post Office branch
8 serving the TERRITORY by certified or registered mail.
9
10
11 III
12
13 ZONING AND LAND USE RESTRICTIONS
14
15 Zoning & Development Plans. Upon the Annexation of the TERRITORY to the
16 VILLAGE, the parcel(s) shown on the Plat of Annexation attached as Exhibit B shall be
17 classified under the existing zoning ordinance, as amended, as M -2 General Manufacturing
18 District. Prior to the date of this Agreement, such public hearings as are necessary to enable the
19 VILLAGE lawfully to grant said zoning classification as to the TERRITORY have been
20 conducted upon proper notice, and no further action need be taken by the OWNER to cause the
21 TERRITORY to be rezoned as M -2 General Manufacturing District once the TERRITORY is
22 annexed to the VILLAGE.
23
24 Other Standards. The Village agrees that the above standards shall govern with respect to
25 the development of the TERRITORY in any case in which the standards of the Unified
26 Development Ordinance now or hereafter shall conflict with the standards listed above. The
27 Village agrees that the above standards shall govern with respect to development of the
28 TERRITORY in any case in which there no applicable standards are provided in the Unified
29 Development Ordinance. In any case in which the Unified Development Ordinance contains
30 applicable standards that do not conflict with the above standards, the standards of the Unified
31 Development Ordinance shall govern with respect to the development of the TERRITORY.
32
33 It is understood and agreed, except as otherwise provided for herein, the Unified
34 Development Ordinance, Building Code and all other ordinances including all fees and charges
35 of the VILLAGE, shall not be frozen during the term of this Agreement, and such ordinances, as
36 the same may from time to time be amended and enforced throughout the VILLAGE, shall apply
37 to the TERRITORY. In the case of a comprehensive amendment to the VILLAGE'S Zoning
38 Ordinance, the TERRITORY shall be designated the zoning district most comparable to the M -2
39 General Manufacturing District.
40
41 IV
42
43 RELIEF FROM VILLAGE REQUIREMENTS
44
45 The VILLAGE agrees to grant relief to the OWNER from the following costs:
46 annexation fee and fees for the public notice for annexation agreement hearing and rezoning
47 hearing, to include cost of public notice sign, certified mailings, and newspaper notice; attorney's
48 fees.
3
1
2 The VILLAGE agrees to waive all fees, including engineering fees, associated with the
3 connection of VILLAGE water and sewer services.
4
5 The VILLAGE agrees to allow the construction of an additional building and /or
6 expansion of the current building on site for the purposes of expanding the current business
7 operations. Any new construction and /or expansion of buildings shall meet the setback and
8 height requirements of the Unified Development Ordinance, unless the VILLAGE, pursuant to
9 the provisions of the Unified Development Ordinance, grants such variations from said
10 Ordinance.
11
12 The VILLAGE agrees that any new construction, reconstruction, repair, maintenance,
13 and /or expansion of the current building may be comprised of exterior materials used on the
14 building currently on the TERRITORY.
15
16 The VILLAGE agrees that any requested expansion of driveways, turning areas, vehicle
17 and trailer storage areas shall be allowed and not be subject to any width or lot coverage
18 standards of the Unified Development Ordinance. Said expansion shall be required to be paved
19 in accordance with the standards of the Unified Development Ordinance, as amended.
20 Additionally said expansion shall not relieve the OWNER from storm water management
21 requirements, setback requirements, or site development permit requirements, including fees, of
22 the Unified Development Ordinance that may be triggered as the result of said expansion.
23
24 The VILLAGE acknowledges that any nonconforming use, sign, or building shall be
25 allowed to continue to exist until such time as a change in the use, sign, or building is required
26 by the Unified Development Ordinance, as amended.
27
28 The VILLAGE agrees that the installation of screening, to include fences, above and
29 beyond what is currently on the TERRITORY, shall not be required.
30
31
32 V
33
34 PROPERTY TAX REBATE
35
36 The VILLAGE agrees to rebate its portion of the real estate property taxes for a period of
37 ten years after the date of this Agreement. The OWNER shall be responsible for paying the
38 taxes initially and submit to the VILLAGE for reimbursement. The VILLAGE shall rebate taxes
39 to the OWNER within 30 days of receiving documentation from the OWNER as to the paid
40 taxes.
41
42
43 VI
44
45 REQUIRED IMPROVEMENTS
46
47 Unless otherwise approved as part of this agreement, the OWNER agree to construct and
48 install at his expense all other improvements in accordance with the requirements of the Unified
4
1 Development Ordinance of the VILLAGE and final engineering plans approved by the
2 VILLAGE.
3
4
5 VII
6
7 DAMAGE TO PUBLIC IMPROVEMENTS
8
9 The OWNER shall replace and repair any damage to public improvements installed
10 within, under or upon the subject realty resulting from construction activities by OWNER, their
11 successors or assigns and their employees, agents, contractors or subcontractors during the term
12 of this Agreement. The OWNER shall have no obligation hereunder with respect to damage
13 resulting from ordinary usage, wear and tear.
14
15 VIII
16
17 EASEMENTS AND UTILITIES
18
19 The OWNER agree to grant all necessary easements for the extension of sewer, water, or
20 other utilities to the property located east of the Subject Property (Exhibit B). It is understood
21 that such easements may not cross the subject PROPERTY, but rather may cross other property
22 in the possession of the OWNER.
23
24 All electricity, telephone, cable television and gas lines shall be installed underground,
25 the location of which underground utilities shall be at the OWNER' option, upon approval of the
26 respective utility company.
27
28 It is understood that a privately owned on -site well currently serve the water needs of the
29 PROPERTY. It is also understood that a Village water main is available to the PROPERTY and
30 that Village standards and laws normally require that the PROPERTY connect to this publicly
31 available water supply and cap and discontinue use of the on -site well. It is agreed that the
32 OWNER shall be permitted continue use of the on -site well, and shall not be required to
33 immediately connect to the public for a period not to exceed two years from the date of
34 annexation. Provided, the ONWERS shall discontinue use of and cap the on -site well, and hook
35 up to the municipal water system, no later than two years from the date of annexation.
36
37
38
39 IX
40
41 APPROVAL OF PLANS
42
43 The VILLAGE agrees to expeditiously take action to approve or disapprove all plats,
44 plans, and engineering submitted to VILLAGE by the OWNER. If the VILLAGE shall
45 determine that any such submission is not in substantial accordance with this Agreement and
46 applicable ordinances, the VILLAGE shall promptly notify the OWNER in writing of the
47 specific objection to any such submission so that the OWNER can make any required corrections
48 or revisions.
5
1 X
2
3 BINDING EFFECT AND TERM AND COVENANTS RUNNING WITH THE LAND
4
5 This Agreement shall be binding upon and insure to the benefit of the parties hereto,
6 successor OWNER of record of the TERRITORY, assignees, lessees, and upon any successor
7 municipal authorities of said VILLAGE and successor municipalities, for a period of 20 years
8 from the date of execution hereof.
9
10 The terms and conditions of this Agreement relative to the payment of monies to the
11 various VILLAGE recapture funds, contributions to the VILLAGE construction and /or
12 dedication of public improvements, granting of easements to the VILLAGE, dedication of rights -
13 of -way to the VILLAGE and the development standards established herein shall constitute
14 covenants which shall run with the land.
15
16 It is further agreed that any party to this Agreement, either in law or in equity, by suit,
17 action, mandamus, or other proceeding may enforce or compel the performance of this
18 Agreement, or have other such relief for the breach thereof as may be authorized by law or that
19 by law or in equity is available to them.
20
21
22 XI
23
24 NOTICES
25
26 Unless otherwise notified in writing, all notices, requests and demands shall be in writing
27 and shall be personally delivered to or mailed by United States Postal Service certified mail,
28 postage prepaid and return receipt requested, as follows:
29
30
31 For the VILLAGE:
32
33 Village President
34 418 Main Street
35 Lemont, IL 60439
36
37 and
38
39 Village Clerk
40 418 Main Street
41 Lemont, IL 60439
42
43 and
44
45 Village Administrator
46 418 Main Street
47 Lemont, IL 60439
48
6
1 For OWNER:
2
3 Donald H. Cox
4 350 Meadow Lake
5 Lake Forest, IL 60045
6
7
8 Or such other addresses that any party hereto may designate in writing to the other parties
9 pursuant to the provisions of this Section.
10
11
12 XII
13
14 SECURTY INTERESTS
15
16 The OWNER shall provide the VILLAGE with written approval(s) satisfactory to the
17 VILLAGE of any mortgage, lien holder or holder of any security interest, affecting title to the
18 TERRITORY or any part thereof so that this agreement shall be superior to any such mortgage,
19 lien, or other security interest and the OWNER shall provide same to the VILLAGE prior to
20 execution and recording of this agreement; and
21
22 If there are no mortgages, liens, or other security interests affecting title to the
23 TERRITORY or any part thereof, then the OWNER shall affirmatively state so in said
24 Petition(s) for Annexation.
25
26
27 XIII
28
29 WARRANTIES AND REPRESENTATIONS
30
31 The OWNER represent and warrant to the VILLAGE as follows:
32
33 That Donald H. Cox Trust identified on page 1 hereof is the OWNER as legal title
34 holder; and
35
36 That the OWNER proposes to develop the TERRITORY in the manner contemplated
37 under this Agreement; and
38
39 That other than the OWNER, no other entity or person has any interest in the
40 TERRITORY or it development as herein proposed; and
41
42 That the OWNER has provided the legal description of the TERRITORY set forth in this
43 Agreement and the attached exhibits and that said legal description and exhibits are accurate and
44 correct.
45
46
47
48
7
1 XIV
2
3 CONTINUITY OF OBLIGATIONS
4
5 Notwithstanding any provisions of this Agreement to the contrary, including but not
6 limited to the sale and /or conveyance of all or any part of the TERRITORY by the OWNER, the
7 OWNER shall at all times during the term of this Agreement remain liable to VILLAGE for the
8 faithful performance of all obligations imposed upon them by this Agreement until such
9 obligations have been fully performed or until VILLAGE, at its sole option, has otherwise
10 released OWNER and from any or all of such obligations.
11
12
13 XV
14
15 NO WAIVER OR RELINQUISHMENT OF RIGHT TO ENFORCE AGREEMENT
16
17 Failure of any party to this Agreement to insist upon the strict and prompt performance of
18 the terms covenants, agreements, and conditions herein contained, or any of them, upon any
19 other party imposed, shall not constitute or be construed as a waiver or relinquishment of any
20 party's right thereafter to enforce any such term, covenant, agreement or condition, but the same
21 shall continue in full force and effect.
22
23
24 XVI
25
26 VILLAGE APPROVAL OR DIRECTION
27
28 Where VILLAGE approval or direction is required by this Agreement, such approval or
29 direction means the approval or direction of the Corporate Authorities of the VILLAGE unless
30 otherwise expressly provided or required by law, and any such approval may be required to be
31 given only after and if all requirements for granting such approval have been met, unless such
32 requirements are inconsistent with this Agreement.
33
34
35 XVII
36
37 SINGULAR AND PLURAL
38
39 Wherever appropriate in this Agreement, the singular shall include the plural, and the
40 plural shall include the singular.
41
42
43
44
45
46
47
48
8
1 XVIII
2
3 SECTION HEADINGS AND SUBHEADINGS
4
5 All section headings or other headings in this Agreement are for general aid of the reader
6 and shall not limit the plain meaning or application of any of the provisions thereunder whether
7 covered or relevant to such heading or not.
8
9
10 XIX
11
12 AUTHORIZATION TO EXECUTE
13
14 The President and Clerk of the VILLAGE hereby warrant that they have been lawfully
15 authorized by the VILLAGE Board of the VILLAGE to execute this Agreement. The OWNER
16 and VILLAGE shall, upon request, deliver to each other at the respective time such entities cause
17 their authorized agents to affix their signatures hereto copies of all bylaws, resolutions,
18 ordinances, partnership agreements, letters of direction or other documents required to legally
19 evidence the authority to so execute this Agreement on behalf of the respective parties.
20
21
22 XX
23
24 AMENDMENT
25
26 This Agreement sets forth all the promises, inducements, agreements, conditions and
27 understandings between the parties hereto relative to the subject matter thereof, and there are no
28 promises, agreements, conditions or understandings, either oral or written, express or implied,
29 between them, other than are herein set forth. Except as herein otherwise provided, no
30 subsequent alteration, amendment, change or addition to this Agreement shall be binding upon
31 the parties hereto unless authorized in accordance with law and reduced in writing and signed by
32 them.
33
34 XXI
35
36 COUNTERPARTS
37
38 This Agreement may be executed in two or more counterparts, each of which taken
39 together, shall constitute one and the same instrument.
40
41
42 XXII
43
44 CURING DEFAULT
45
46 It is understood by the parties hereto that time is of the essence of this Agreement. The
47 parties to this Agreement reserve a right to cure any default hereunder within fifteen (15) days
48 from written notice of such default.
9
1 XXIII
2
3 CONFLICT BETWEEN THE TEXT AND EXHIBITS
4
5 In the event of a conflict in the provisions of the text of this Agreement and the Exhibits
6 attached hereto, the text of the Agreement shall control and govern.
7
8
9 XXIV
10
11 SEVERABILITY
12
13 If any provision of this Agreement is held invalid by a court of competent jurisdiction or
14 in the event such court shall determine that the VILLAGE does not have the power to perform
15 any such provisions, such provision shall be deemed to be excised here from and the invalidity
16 thereof shall not affect any of the other provisions contained herein, and such judgment or decree
17 shall relieve the VILLAGE from performance under such invalidity thereof shall not affect any
18 of the other provisions contained herein, and such judgment or decree shall relieve the
19 VILLAGE from performance under such invalid provision of this Agreement.
20
21
22 XXV
23
24 REIMBURSEMENT TO VILLAGE FOR LEGAL AND OTHER FEES / EXPENSES
25
26
27 In the event that any third party or parties institute any legal proceedings against the
28 OWNER and /or the VILLAGE, which relate to the validity or any terms of this Agreement, then,
29 in that event, the OWNER, upon written notice from VILLAGE, shall assume, fully and
30 vigorously, the entire defense of such lawsuit and the expenses of whatever nature relating
31 thereto, provided, however:
32
33 The OWNER shall not make any settlement or compromise of the lawsuit, or fail to
34 pursue any available avenue of appeal of any adverse judgment, without the approval of the
35 VILLAGE, which approval shall not be unreasonable withheld; and
36
37 If the Village, in its sole discretion, determines there is or may probably be, a conflict
38 of interest between the VILLAGE and the OWNER, on an issue of importance to the VILLAGE
39 having a potentially substantial adverse affect on the VILLAGE, then the VILLAGE shall have
40 the option of being represented by its own legal counsel. In the event the VILLAGE exercises
41 such option, then the OWNER shall reimburse the VILLAGE from time to time on written
42 demand from the President of the VILLAGE and notice of the amount due for any expenses,
43 including but not limited to court costs, reasonable attorney's fees and witnesses' fees and other
44 expenses of litigation, incurred by the VILLAGE in connection therewith. The obligation of the
45 OWNER to reimburse the VILLAGE under the terms of this subparagraph 2 shall terminate if no
46 such legal proceedings are brought within one (1) year from the date of the annexation of the
47 TERRITORY and, further, such obligation of reimbursement shall not apply if such legal
48 proceedings are based upon alleged errors, omissions or unlawful conduct of the VILLAGE and
10
1 not the OWNER.
2
3 In the event the VILLAGE institutes legal proceedings against the OWNER for violation
4 of this Agreement, and secured a judgment in its favor, or by settlement, the OWNER shall pay
5 all expenses of such legal proceedings incurred by the VILLAGE, including but not limited to,
6 the court costs and reasonable attorney's fees, etc., incurred by the VILLAGE in connection
7 therewith.
8
9
11
1
2
3 EXECUTION OF AGREEMENT
4
5 This Agreement shall be signed last by the VILLAGE and the President of the VILLAGE
6 shall affix the date on which he signs this Agreement on page 1 hereof which date shall be the
7 effective date of this Agreement.
8
9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
10 day and year first above written.
11
12 VILLAGE OF LEMONT
13 an Illinois Municipal Corporation
14
15
16
17
18 ATTEST:
19
20
21 By: L
22 Village Clerk
23
24
25 STATE OF ILLINOIS)
26 ) SS
27 COUNTY OF COOK)
28
29 I, the undersigned, a Notary Public, in and for the County and Sate aforesaid, DO HEREBY
30 CERTIFY that BRIAN K. REAVES, personally known to me to be the President of the Village
31 of Lemont, and CHARLENE M. SMOLLEN, personally known to me to be the Village Clerk of
32 said municipal corporation, and personally known to me to be the same persons whose names are
33 subscribed to the foregoing instrument, appeared before me this day in person and severally
34 acknowledged that as such President and Village Clerk, they signed and delivered the said
35 instrument and caused the corporate seal of said municipal corporation to be affixed thereto,
36 pursuant to authority given by the Board of Trustees of said municipal corporation, as their free
37 and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for
38 the uses and purposes therein set forth.
39
40 GIV N under my hand and official seal, this OA day of j 20 10
41
42
43
44
45
46
47 My commis ', expires on
48
XXVI
OFFICIAL SEAL
ROSEMAY:YATES
NOTARY - PUBLIC, STATE OF IU.INOIS
MY COMMISSION EXPIRES 8.13.2012
12
, 20
1 OWNER:
2
3 Donald H. Cox Trust
5 By- --
6
7
8
9
10 STATE OF ILLINOIS)
11 ) SS
12 COUNTY OF COOK)
13
Donald H. Cox
14 I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY
15 CERTIFY that the above -named DONALD H. COX, personally known to me to be the same
16 persons whose names are subscribed to the foregoing instrument appeared before me this day in
17 person and acknowledged that they signed and delivered the said instrument as their own free
18 and voluntary act for the uses and purposes therein set forth.
19
20
21
22 My commission expires on z
23
24
25
26 , otary Pu
27
28
29
30
31
32
GIVEN under my hand and official seal, this I/ day of /114y , 20 0
13
20)3.
1 EXHIBIT A to DONALD H. COX TRUST ANNEXATION AGREEMENT
2
3
4
5 Legal Description of Subject Property
6
7 P.I.N. 22 -30- 101 -039
8
9 That part of the west 1/2 of the northwest fractional % of Section 30, Township 37 North, Range
10 11 East of the Third Principal Meridian, Tying south of the Chicago and Alton Railroad Company
11 right of way, described as follows: beginning at the intersection of the south right of way line of
12 New Avenue (lying south of the parallel to the south right of way line of the Chicago and Alton
13 Railroad) with a line 287.94 feet northeasterly of the west line of the west 1/2 of the northwest
14 of said section 30, as measured along the south right of way line of New Avenue and parallel
15 with the west line of said west 1/2 of the northwest 1/1; thence north 60 degress, 05 minutes, 01
16 seconds east, 234.05 feet along the south right of way line of said New Avenue; thence south
17 27 degrees, 28 minutes, 20 seconds east, 98.29 feet; thence south 13 degrees, 12 minutes, 36
18 seconds east, 358.40 feet; thence south 89 degrees, 56 minutes, 10 seconds west, 328.83 feet;
19 thence north 00 degrees, 13 minutes, 42 seconds west, 319.76 feet to the south right of way
20 line of New Avenue and the place of beginning, all in Cook County, Illinois.
21
22 and
23
24 That part of the west half of the northwest fractional quarter of Section 30, Township 37 North,
25 Range 11 East of the Third Principal Meridian, lying south of the Chicago and Alton Railroad
26 Company right -of -way, described as follows: beginning at the intersection of the south right -of-
27 way line of New Avenue (lying south of and parallel to the south right -of -way line of the
28 Chicago and Alton Railroad) with a line 212.00 feet as measured along the south right -of -way
29 line of New Avenue and parallel with the west line of said west half of the northwest quarter;
30 thence north 60 degrees, 05 minutes, 01 seconds east 75 feet along the south right -of -way line
31 of New Avenue; thence south 0 degrees, 13 minutes, 42 seconds east 100 feet; thence south 89
32 degrees, 46 minutes, 18 seconds west 66.00 feet; thence north 0 degrees, 13 minutes, 42
33 seconds west 62.37 feet to the south right -of -way line of New Avenue and the place of the
34 beginning, all in Cook County, Illinois.
35
36
37
14