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O-51-08 10/27/2008Doc 0834745118 Fee: $252,00 Eugene "Gene" Moore Cook County Recorder of Deeds Date: 12/12/2008 01:21 PM Pg: 0 VILLAGE OF LEMONT ORDINANCE NO. o .St -o AN ORDINANCE AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT FOR AN APPROXIMATELY 1.77 -ACRE, FOUR LOT RESIDENTIAL SUBDIVISION LOCATED AT 13389 McCARTHY ROAD (Isla Bella Estates) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 21 TH DAY OF teA-0 64w , 2008 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 _tn day of , 2008. qT lGi1�.1 .rat DA ill US, /i IP OK VILLAGE OF LEMONT ORDINANCE 0 ' 3-7 —off AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR AN APPROXIMATELY 1.77 ACRE, FOUR LOT RESIDENTIAL SUBDIVISION LOCATED AT 13389 McCARTHY ROAD (Isla Bella Estates) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 27th day of October , 2008 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 27th day of October , 2008 ORDINANCE Q ' f 0 e" AN ORDINANCE AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT FOR AN APPROXIMATELY 1.77 ACRE, FOUR LOT RESIDENTIAL SUBDIVISION LOCATED AT 13389 McCARTHY ROAD (Isla Bella Estates) WHEREAS, John Cooney, representing Isla Bella Properties, LLC, owner of the subject property has petitioned for annexation into the Village of Lemont; and WHEREAS, Isla Bella Properties, LLC, is the owner of the territory, the legal description of which is attached hereto as Exhibit A, and which is the subject of an Annexation Agreement and is ready, willing, and able to enter into said agreement and perform the obligations as required therein and; WHEREAS, a copy of said Annexation Agreement has been attached hereto and included herein as Exhibit B; 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, Illinois, as follows: Section 1. That the President be and is hereby authorized an ddirected, and the Village Clerk is directed to attest to a document known as the "Isla Bella Estates Annexation Agreement" dated the 27' day of June, 2008, a copy of which is attached hereto and made a part hereof. Section 3. That this ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED AND APPROVED BY THE PRESDIENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this 27th day of October , 2008. AYES NAYS PASSED ABSENT Debby Blatzer V Peter Coules ✓ Clifford Miklos ✓ Brian Reaves v✓ Ronald Stapleton Jeanette Virgilio V Attest: rnp CHARLENE M. SMOLLEN, Village Clerk JOHN . PIAZZA, Vi l ge P s ent ISLA BELLA ESTATES ANNEXATION AGREEMENT ARTICLE TITLE I Definitions II Annexation III IV V Zoning and Land Use Restrictions • Zoning and Development Plans • UDO Exceptions • Reversion of PUD & Zoning • Other Standards Required Improvements • Water Supply • Sanitary and Storm Sewers • Detention Areas • Other Improvements • Recapture Fee Dedication and Construction of Streets • Dedication and Acceptance of Streets • Snow Plowing of Streets before Acceptance • Debris VI Construction of Other Improvements VII Maintenance of Public Improvements & Common Areas • Owners Guarantee • Special Service Area • Maintenance Bond VIII Damage to Public Improvements IX Contributions X Easements and Utilities XI Approval of Plans XII Binding Effect and Term and Covenants Running with the Land XIII Notices XIV Security Interests XV Warranties and Representations XVI Continuity of Obligations XVII No Waiver or Relinquishment of Right to Enforce Agreement XVIII Village Approval or Direction XIX Singular and Plural XX Section Headings and Subheadings XXI Recording XXII Authorization to Execute XXIII Amendment XXIV Counterparts XXV Curing Default XXVI Conflicts between the Text and Exhibits XXVII Severability XXVIII Reimbursement to Village for Legal and Other Fees / Expenses • To Effective Date of Agreement • From and After Effective Date of Agreement XXIX Lender Consent XXX Execution of Agreement EXHIBIT TITLE A Legal Description B Plat of Annexation, prepared by B &G Survey Co. Inc. and dated September 17, 2008. ii Preliminary Plat, prepared by Sinnott Engineering, P.C. and dated August 21, 2008. Landscape Plan, prepared by IRG, Ives/Ryan Group, Inc., two pages, last revised on August 19, 2008. Declaration of Covenants, Conditions and Restrictions for Isla Bella Estates, prepared by John Cooney. F Rain Garden Installation and Maintenance Plan, prepared by John Cooney. iii ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT, is made and entered into this _ day of , 2008, 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 "the VILLAGE ") and Isolabella Properties, LLC (hereinafter referred to as "OWNER "); the Village and OWNER are hereinafter sometimes referred to individually as a "Party" and collectively as the "Parties "; and, WHEREAS, OWNER is the owner of record of the real estate (hereinafter referred to as the "TERRITORY "), the legal description of which is attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the OWNER filed a Petition for Annexation of the TERRITORY to the VILLAGE (hereinafter, the "Petition ") that requested annexation of the TERRITORY subject to execution of an annexation agreement acceptable to the OWNER and the VILLAGE; 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 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, 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 the 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. 1 NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter contained, the Parties agree as follows: I DEFINITIONS BUILDING CODE The code or codes governing the erection and maintenance of buildings. COMMON AREA A parcel of land or an area of water, or combination thereof, and any improvements thereon, within a designated development tract (such as a subdivision) which is designed for common use or benefit and not reserved for the exclusive use or benefit of an individual tenant or owner. Examples of common areas include, but are not limited to: green open spaces, parking lots, and pedestrian walkways. FINAL ENGINEERING PLAN A plan, signed and sealed by a licensed professional engineer registered in the state of Illinois that meets the requirements for a final engineering plan in the Unified Development Ordinance. A final engineering plan depicts all public and private support facilities including, but not limited to: roads, sidewalks, drainage ditches, culverts and water retention areas, sanitary sewers, storm sewers, water supply lines, and illumination. FINAL LANDSCAPING PLAN A plan, signed and sealed by a registered landscape architect that meets the requirements for a final landscape plan in the Unified Development Ordinance. FINAL PLAT A plat of all or a portion of a subdivision or site plan that is presented to the Village for final approval. PLAT A document, prepared by a registered surveyor or engineer that delineates a tract of land, showing the boundaries and locations of individual properties and streets. PLAT OF ANNEXATION A plat that depicts the property to be annexed. PROPERTY A lot, parcel, tract or plot of land together with the buildings and structures thereon. PUBLIC IMPROVEMENT Any improvement, facility, or service together with its associated public site or right -of -way necessary to provide transportation, drainage, public or private utilities, energy, or other essential services. UNIFIED DEVELOPMENT ORDINANCE Ordinance 0 -7 -08, as amended. II ANNEXATION 2 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. The Plat of Annexation of said TERRITORY is attached hereto as Exhibit `B ". Said Plat extends the new boundaries of the VILLAGE to the far side of any adjacent highway not already annexed and includes all of every highway within the TERRITORY so annexed. Upon adoption of an ordinance annexing the TERRITORY to the VILLAGE, the Village Clerk shall cause a copy of said ordinance and said Plat to be duly recorded with the Cook County Recorder, and duly filed with the Cook County Clerk. The Village Clerk shall also send notice of annexation of the TERRITORY to the Cook County Elections Department and the U.S. Post Office branch serving the TERRITORY by certified or registered mail. III ZONING AND LAND USE RESTRICTIONS Zoning & Development Plans. Upon the Annexation of the TERRITORY to the VILLAGE, the parcel(s) shown on the Plat of Annexation attached as Exhibit "B" shall be classified under the existing zoning ordinance, as amended, as R -4. 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 to cause the TERRITORY to be rezoned as R -4 once the TERRITORY is annexed to the VILLAGE. The TERRITORY shall be developed in accordance with a PUD Final Plan /Plat that shall be submitted to and approved by the Village in accordance with the Unified Development Ordinance. Prior to PUD Final Plan/Plat approval, a United States Army Corps of Engineers wetland determination letter must be submitted to the Village; the PUD Final Plan/Plat must be in compliance with the findings of the wetland determination letter. The PUD Final Plan/Plat shall retain the design characteristics of the approved PUD Preliminary Plan/Plat and shall be in substantial compliance with the following: the preliminary plat, prepared by Sinnott Engineering, P.C. and dated August 21, 2008, attached hereto and incorporated herein as Exhibit C; and the preliminary landscape plan, prepared by IRG, Ives/Ryan Group, Inc., two pages, last revised on August 19, 2008, attached hereto and incorporated herein as Exhibit D; and the Declaration of Covenants, Conditions and Restrictions for Isla Bella Estates, prepared by John Cooney, attached hereto and incorporated herein as Exhibit E; and the Rain Garden Installation and Maintenance Plan, prepared by John Cooney, attached hereto and incorporated herein as Exhibit F. UDO Exceptions. The Planned Unit Development Ordinance of the Village makes provision for exceptions to the requirements of the Unified Development Ordinance in order to 3 promote and allow innovation and flexibility of design in keeping with the public interest and welfare. As provided for in Chapter 17.08 (Planned Unit Developments) of the Lemont Unified Development Ordinance, the VILLAGE has deemed it appropriate to approve the following selected bulk exceptions as part of the Planned Unit Development for Isla Bella Estates: The minimum front yard setback in the R -4 zoning district is 25 feet. The preliminary plat indicates building setback lines which are 12 feet from the edge of the private roadway and public utility easement. The development includes a four ft. wide sidewalk, rather than a five ft. wide sidewalk as required by UDO 17.26.110.D.3. The development does not include 15% open space as required by UDO 17.08.030.D. The conditions of the Annexation Agreement relating to the development of the TERRITORY incorporated herein by reference and made a condition to the grant of this special use zoning for the planned unit development shall survive the expiration of the Annexation Agreement and shall remain in effect unless or until the zoning of the property has been altered in accordance with law. Reversion of PUD and Zoning_ The Planned Unit Development approval, and the bulk exceptions granted therein, shall lapse in the event the OWNER does not file a complete application for a PUD final plan /plat within one year of the effective date of this Annexation Agreement. In the event the OWNER does not file a complete application for a PUD final plan /plat within one year of the effective date of this Annexation Agreement the zoning of the TERRITORY shall revert to the R -1 Single - Family zoning district. Other Standards. The Village agrees that the above standards shall govern with respect to the development of the TERRITORY in any case in which the standards of the Unified Development Ordinance now or hereafter shall conflict with the standards listed above. The Village agrees that the above standards shall govern with respect to development of the TERRITORY in any case in which there no applicable standards are provided in the Unified Development Ordinance. In any case in which the Unified Development Ordinance contains applicable standards that do not conflict with the above standards, the standards of the Unified Development Ordinance shall govern with respect to the development of the TERRITORY. It is understood and agreed, except as otherwise provided for herein, the Unified Development Ordinance, 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. 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 -4 zoning district. IV REQUIRED IMPROVEMENTS 4 Water Supply. Unless otherwise approved as part of this agreement, the OWNER shall construct and install at their expense all necessary water mains to service the TERRITORY. All water mains shall be constructed and installed in accordance with the Unified Development Ordinance of the VILLAGE and final engineering plans approved by the VILLAGE. Sanitary and Storm Sewers. Unless otherwise approved as part of this agreement, the OWNER shall construct and install at their expense all necessary sanitary and storm sewers to service the TERRITORY in accordance with the Unified Development Ordinance of the VILLAGE and final engineering plans approved by the VILLAGE. OWNER 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. Tap -on fees required by the Village shall not be waived. All sanitary and storm sewers shall be owned and maintained by VILLAGE. Detention Areas. Unless otherwise approved as part of this agreement, the OWNER agrees to construct and install at their expense detention basin(s) and appurtenant structures such as drains, inlets, and outlets in accordance with the Unified Development Ordinance of the VILLAGE and final engineering plans approved by the VILLAGE. A seeding and maintenance plan for the stormwater detention (rain garden) area shall be submitted to and approved by the VILLAGE prior to construction. The stormwater detention basin(s) and appurtenant structures are to be maintained by the homeowners association. Other Improvements. Unless otherwise approved as part of this agreement, the OWNER agrees to construct and install at their expense all other improvements in accordance with the requirements of the Unified Development Ordinance of the VILLAGE and final engineering plans approved by the VILLAGE. V DEDICATION AND CONSTRUCTION OF STREETS Dedication and Acceptance of Streets. The OWNER shall design streets within the TERRITORY according to Article II of this Agreement that comply with the standards of the VILLAGE Unified Development Ordinance for local streets. All interior streets within the TERRITORY when developed shall be privately owned and maintained. Said streets shall be constructed in accordance with the final engineering plans approved by the Village. The OWNER shall provide access to each residential unit. Any street right -of -way along McCarthy Road not already dedicated at the time of annexation shall be dedicated in the final plats of each unit. Debris. The OWNER shall be required to keep all streets within and adjoining the TERRITORY free from mud and debris generated by any new construction activity on the TERRITORY. 5 VI CONSTRUCTION OF OTHER IMPROVEMENTS The construction and installation of the public improvements to be done by OWNER may be commenced at any time after the OWNER received a site development permit from the VILLAGE and has delivered to the 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 115% of the OWNER Engineer's estimate of the cost of construction and installation of all such public improvements as approved by the VILLAGE Engineer, including all required lighting, sidewalks, landscaping, street trees, sewer and water lines and storm water management facilities, except to the extent such facilities are to remain private. At no time shall the Letter of Credit funds be utilized by the OWNER 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. The OWNER, at the OWNER's own cost, agrees to provide the VILLAGE "as built ", engineering plans and specifications upon substantial completion of the public improvements or at the request of the VILLAGE Engineer but in no event later than the time required by the Unified Development Ordinance as amended. 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 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. The OWNER agrees not to let debris or excessive construction waste accumulate on the TERRITORY. VII MAINTENANCE OF PUBLIC IMPROVEMENTS & COMMON AREAS Owners Guarantee. The OWNER hereby guarantees the prompt and satisfactory correction of all defects and deficiencies in the improvements that occur or become evident within two years after approval and any acceptance of the improvements by the VILLAGE pursuant to this agreement. If any defect or deficiency occurs or becomes evident during the two 6 year period, then the OWNER shall, after ten days' prior written notice from the VILLAGE (subject to Force Majeure), correct it or cause it to be corrected. In the event any improvement is repaired or replaced pursuant to the demand of the VILLAGE, the Guarantee provided in this Section VII shall be extended, as to the repair or replacement, for two full years from the date of the repair or replacement. If any public improvements or common areas within the TERRITORY are to be privately owned and maintained, then the OWNER shall, at its sole cost and expense, maintain the improvements and areas within the TERRITORY without any modification, except as specifically approved by the VILLAGE, in a first -rate condition at all times unless an owners' association is established and assumes responsibility for improvements or areas. In the event the VILLAGE determines, in the VILLAGE'S sole and absolute discretion, that the OWNER is not adequately maintaining, or has not adequately maintained, any improvement or area, the VILLAGE shall have the right, but not the obligation, after ten days' prior written notice to the OWNER, to enter on any or all of the TERRITORY for the purpose of performing maintenance work on any affected improvement or area. In the event that The VILLAGE shall cause to be performed any work pursuant to this Section VII the VILLAGE shall have the right to draw from the performance securities deposited pursuant to this Section of the agreement, or the right to demand immediate payment directly from the OWNER based on costs actually incurred or on the VILLAGE'S reasonable estimates of costs to be incurred, an amount of money sufficient to defray the entire costs of the work, including without limitation legal fees and administrative expenses. The OWNER shall, after demand the VILLAGE, pay the required amount to the VILLAGE. If an owners' association is established and assumes responsibility for any public improvements and /or common areas within the TERRITORY, the owners' association shall, at its sole cost and expense, maintain the improvements and areas without any modification, except as specifically approved by the VILLAGE, in a first -rate condition at all times. In the event the VILLAGE determines, in the VILLAGE'S sole and absolute discretion, that the owners' association is not adequately maintaining, or has not adequately maintained, any improvement or area, the VILLAGE shall have the right, but not the obligation, after ten days' prior written notice to the owners' association, to enter on any or all of the TERRITORY for the purpose of performing maintenance work on any affected improvement or area. In the event that the VILLAGE shall cause to be performed any work pursuant to this Section VII the VILLAGE shall have the right (i) to assess the membership of the owners' association for that work, (ii) to file a lien against the property of the owners' association or the property of any member failing to pay the assessment, and (iii) to enforce the lien in the manner provided by law for mortgage foreclosure proceedings. Special Service Area. The OWNER agrees that maintenance of the landscaping, rain garden and all storm water drainage facilities for the TERRITORY will be guaranteed through the establishment by the VILLAGE (at such time as determined by the VILLAGE in its sole discretion) of a special service area to maintain such improvements to the TERRITORY. Such special service area will provide for the levy and collection of a special service area real estate tax to maintain such improvements, and/or to replace and repair the same. The OWNER agrees to cooperate fully in the formation of such special service area and agrees not to 7 object to the formation of the special service area, nor to the amount of tax to be levied thereunder. From the proceeds of said tax levy, the VILLAGE shall be paid five percent of the amount of the tax for agreed administration costs and other expenses. If is further understood and agreed that the VILLAGE does not intend to levy said tax annually but generally only when it is necessary to reimburse the VILLAGE for costs incurred, but not reimbursed, in maintaining, repairing and /or replacing such improvements as a result of the failure of the homeowner's association to do so as provided for in the association's covenants, or when it is otherwise appears necessary or desirable to the VILLAGE in its sole discretion as a result of prior failure(s) of the homeowner's association to reimburse for costs incurred. Maintenance Bond. At the time or times of acceptance by the 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, the OWNER shall deposit with the VILLAGE a maintenance bond in the amount of ten percent (10 %) 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 twenty -four months after completion and acceptance of all improvements. In the event of a defect in material and /or workmanship within said period, then said security shall not be returned until correction of said defect and acceptance by the VILLAGE of said corrections. VIII DAMAGE TO PUBLIC IMPROVEMENTS The OWNER shall replace and repair any damage to public improvements installed within, under or upon the subject realty resulting from construction activities by OWNER, their successors or assigns and their employees, agents, contractors or subcontractors during the term of this Agreement. The OWNER shall have no obligation hereunder with respect to damage resulting from ordinary usage, wear and tear. IX CONTRIBUTIONS The OWNER shall make cash contributions at the time a Final Plan/Plat application is filed with the VILLAGE, in accordance with the ordinances of the VILLAGE. If a complete Final Plan/Plat application is filed within one (1) year of the effective date of this Agreement, the required contributions shall be as follows: • Lemont Park District — OWNER shall pay $22,584 for the benefit of the Lemont Park District. If the TERRITORY is developed in phases, the donation shall be paid on a pro - rata basis based upon the number of lots in the phase for which the Final Plan/Plat is being recorded. 8 • Lemont - Bromberek School District 113A — OWNER shall pay $11,063.46 for the benefit of the Lemont - Bromberek School District 113A. If the TERRITORY is developed in phases, the donation shall be paid on a pro -rata basis based upon the number of lots in the phase for which the Final Plan/Plat is being recorded. • Lemont Township High School District 210 — OWNER shall pay $5,760 for the benefit of the Lemont Township High School District 210. If the TERRITORY is developed in phases, the donation shall be paid on a pro -rata basis based upon the number of lots in the phase for which the Final Plan/Plat is being recorded. • Lemont Fire Protection District — OWNER shall pay $400 for the benefit of the Lemont Fire Protection District. If the TERRITORY is developed in phases, the donation shall be paid on a pro -rata basis based upon the number of lots in the phase for which the Final Plan/Plat is being recorded. • Lemont Library District — OWNER shall pay $686.70 for the benefit of the Lemont Library District. If the TERRITORY is developed in phases, the donation shall be paid on a pro -rata basis based upon the number of lots in the phase for which the Final Plan/Plat is being recorded. • Public Safety Impact Fee — OWNER shall pay $4,000 to the VILLAGE for a public safety impact fee. If the TERRITORY is developed in phases, the fee shall be paid on a pro -rata basis based upon the number of lots in the phase for which the Final Plan/Plat is being recorded. • Annexation Fee — OWNER shall pay $1,000 to the VILLAGE for annexation fees. If the TERRITORY is developed in phases, the total fee shall be paid at the time of recording of the initial Final Plan/Plat. If a complete Final Plan/Plat application is submitted to the VILLAGE more than one year after the effective date of this Agreement, the aforesaid contributions shall be paid in amounts calculated in accordance with the terms of the ordinances of the VILLAGE in effect at the time such final plan or Plat is submitted to the VILLAGE. The OWNER agrees that any and all contributions, dedications, donations, and easements provided for in this Agreement substantially advance legitimate governmental interests of the VILLAGE, including but not limited to, providing its residents, and in particular the future residents of the TERRITORY, with access to and use of public facilities, libraries, schools, parks and recreational facilities, police protection, and emergency services. The OWNER further agrees that the contributions, dedications, donations and easements required by this Agreement are uniquely attributable to, reasonably related to, and made necessary by the development of the TERRITORY. X EASEMENTS AND UTILITIES The OWNER agrees to grant to the VILLAGE, and /or obtain grants to the VILLAGE of, all necessary easements for the extension of sewer, water, street, or other utilities, including cable 9 television, or for other improvements, subject to the provisions of the Unified Development Ordinance 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 to obtain all easements, both on site and off site, necessary to serve the TERRITORY. All electricity, telephone, cable television and gas lines shall be installed underground, the location of which underground utilities shall be at the OWNER' option, upon approval of the respective utility company. XI APPROVAL OF PLANS The VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans, and engineering submitted to VILLAGE by the OWNER. If the VILLAGE shall determine that any such submission is not in substantial accordance with this Agreement and applicable ordinances, the VILLAGE shall promptly notify the OWNER in writing of the specific objection to any such submission so that the OWNER can make any required corrections or revisions. XII BINDING EFFECT AND TERM AND COVENANTS RUNNING WITH THE LAND This Agreement shall be binding upon and insure to the benefit of the parties hereto, successor OWNERS 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 development 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. XIII 10 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 Postal Service certified mail, postage prepaid and return receipt requested, as follows: For the VILLAGE: Village President 418 Main Street Lemont, IL 60439 and Village Clerk 418 Main Street Lemont, IL 60439 and Village Administrator 418 Main Street Lemont, IL 60439 For OWNER: Isolabella Properties, LLC PO Box 126 Newark, Illinois 60541 Or such other addresses that any party hereto may designate in writing to the other parties pursuant to the provisions of this Section. XIV SECURTY INTERESTS The OWNER shall provide the VILLAGE with written approval(s) satisfactory to the VILLAGE of any mortgage, lien holder or holder of any security interest, affecting title to the TERRITORY or any part thereof so that this agreement shall be superior to any such mortgage, lien, or other security interest and the OWNER shall provide same to the VILLAGE prior to execution and recording of this agreement; and 11 If there are no mortgages, liens, or other security interests affecting title to the TERRITORY or any part thereof, then the OWNER shall affirmatively state so in said Petition(s) for Annexation. XV WARRANTIES AND REPRESENTATIONS The OWNER represents and warrants to the VILLAGE as follows: That Isolabella Properties, LLC identified on page 1 hereof is the OWNER as legal title holder; and That the OWNER proposes to develop the TERRITORY in the manner contemplated under this Agreement; and That other than the OWNER, no other entity or person has any interest in the TERRITORY or it development as herein proposed; and That the OWNER has provided the legal description of the TERRITORY set forth in this Agreement and the attached exhibits and that said legal description and exhibits are accurate and correct. XVI 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 the OWNER, the OWNER 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 and from any or all of such obligations. XVII 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. 12 XVIII VILLAGE APPROVAL OR DIRECTION 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. XIX SINGULAR AND PLURAL Wherever appropriate in this Agreement, the singular shall include the plural, and the plural shall include the singular. XX 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. XXI RECORDING A copy of this Agreement and any amendments thereto shall be recorded by the VILLAGE at the expense of the OWNER within 30 days after the execution hereof. XXII 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 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. 13 XXIII AMENDMENT 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. XXIV COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which taken together, shall constitute one and the same instrument. XXV 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. XXVI 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. XXVII 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 judgment or decree shall relieve the VILLAGE from performance under such invalidity thereof shall not affect any of 14 the other provisions contained herein, and such judgment or decree shall relieve the VILLAGE from performance under such invalid provision of this Agreement. XXVIII REIMBURSEMENT TO VILLAGE FOR LEGAL AND OTHER FEES / EXPENSES To Effective Date of Agreement. The OWNER, concurrently with annexation and zoning of the TERRITORY or so much thereof as required, shall reimburse the VILLAGE for the following expenses incurred in the preparation and review of this Agreement, and any ordinances, letters of credits, plats, easements or other documents relating to the TERRITORY: all attorney's fees incurred by the VILLAGE; and Miscellaneous VILLAGE expenses, such as legal publication costs, recording fees and copying expenses; and From and After Effective Date of Agreement. Except as provided in the paragraph immediately following this paragraph, upon demand by VILLAGE made by and through its President, the OWNER from time to time shall promptly reimburse VILLAGE, for all enumerated reasonable expenses and costs incurred by VILLAGE in the administration of the Agreement, including and limited to engineering fees, landscape architect fees, arborist fees, cost of any easements, attorney's fees and out of pocket expenses involving various and sundry matters such as, but not limited to, preparation and publication, if any, of all notices, resolutions, ordinances, and other documents required hereunder, and the negotiation and preparation of letters of credit and escrow agreements to be entered into as security for the completion of land improvements. Such costs and expenses incurred by the VILLAGE in the administration of the Agreement shall be evidence to the OWNER upon its request, by a sworn statement of the VILLAGE; and such costs and expenses may be further confirmed by the OWNER at its option from additional documents relevant to determining such costs and expenses as designated from time to time by the OWNER. Notwithstanding the immediately preceding paragraph, OWNER shall in no event be required to reimburse VILLAGE or pay for any expenses or costs of VILLAGE as aforesaid more than once, whether such are reimbursed or paid through special assessment proceedings, through fees established by VILLAGE ordinances or otherwise. In the event that any third party or parties institute any legal proceedings against the OWNER and /or the VILLAGE, which relate to the validity or any terms of this Agreement, then, in that event, the OWNER, upon written notice from VILLAGE, shall assume, fully and vigorously, the entire defense of such lawsuit and the expenses of whatever nature relating thereto, provided, however: The OWNER shall not make any settlement or compromise of the lawsuit, or fail 15 to pursue any available avenue of appeal of any adverse judgment, without the approval of the VILLAGE, which approval shall not be unreasonable withheld; and If the Village, in its sole discretion, determines there is or may probably be, a conflict of interest between the VILLAGE and the OWNER, on an issue of importance to the VILLAGE having a potentially substantial adverse affect on the VILLAGE, then the VILLAGE shall have the option of being represented by its own legal counsel. In the event the VILLAGE exercises such option, then the OWNER shall reimburse the VILLAGE from time to time on written demand from the President of the VILLAGE and notice of the amount due for any expenses, including but not limited to court costs, reasonable attorney's fees and witnesses' fees and other expenses of litigation, incurred by the VILLAGE in connection therewith. The obligation of the OWNER to reimburse the VILLAGE under the terms of this subparagraph 2 shall terminate if no such legal proceedings are brought within one year from the date of the annexation of the TERRITORY and, further, such obligation of reimbursement shall not apply if such legal proceedings are based upon alleged errors, omissions or unlawful conduct of the VILLAGE and not the OWNER. In the event the VILLAGE institutes legal proceedings against the OWNER for violation of this Agreement, and secured a judgment in its favor, or by settlement, the OWNER shall pay all expenses of such legal proceedings incurred by the VILLAGE, including but not limited to, the court costs and reasonable attorney's fees, etc., incurred by the VILLAGE in connection therewith. 16 LENDER CONSENT C-®f ■Aiiaes hereby certify that it is the holder of a mortgage of the property described herein and that as such it consents to the terms of this Agreement. 7 _ Mortgage Holder's Name: ,I` [/ -may n © / Title: G /rte 1' � eSr 17 XXX 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 1 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 OF LEMONT an Illinois Municipal Corporation By: ATTEST: Village Clerk STATE OF ILLINOIS) ) SS COUNTY OF COOK) Village Pres I, the undersigned, a Notary Public, in and for the County and Sate aforesaid, DO HEREBY CERTIFY that JOHN F. PIAZZA, 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 2q day of %eke paw/ 20o$ a_ame,A. A :L S Nota is My commis on expires on OFFICIAL SEAL ROSEMAY YATES NOTARY PUBLIC, STATE OF ILLINOIS 18 ,20ty. OWNER: Isolabella Properties, LLC ooney, Member, Properties, LLC STATE OF ///t.4,.$ ) ) SS COUNTY OF U. lI ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that the above -named JOHN COONEY, 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 B._ day of 4/01.14_ , 20 Ud My commission expires on %}'l/, , 20 /f . 1Gotary Public 19 OFFICIAL SEAL CAROL J SCHOOLCRAFT NOTARY PUMUC -STATE OF IWNOIS MY CONM/SSION EXPIRES:05402111 EXHIBIT A LEGAL DESCRIPTION THE SOUTH 348.48 FEET OF THE WEST 250.00' OF THE SOUTHEAST % OF THE NORTHWEST '/ OF SECTION 26, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. 41IIIIIIIIm N:.. NORTH OWING SCALE p�Q1' =30' EI 0 15 n 30 0 EXISTING VILLAGE MEM LEMONT EXHIBIT B PLAT OF ANNEXATION 1..w.0.110 COOK cAmov serze2rw 250.00' HEREBY ANNEXED l SOON LINE 611E E 146 TH0Swim OF EEO 28n.I1 250.00' N3132S2TE T..Eme. 31.1@0 SOS 1500FIN{0SE5 n 617 TIN Mew um•rto wpm.. 4. low NIIM PEW.* 402,11WwWWWWW10,0•0 IOWA LOGTINL LSOII.V ROAD MILS LEMIW. RLMOE EEO° ER AVENUE m'Lm*craw A.p IWEIISMNN moo r 01fW lone= w: Kw* WM lnam Fm woo. KEN MW WLTM M,1NF]N 19QT1 N1 Q ISO SWIM 00. WM. Mel MAIM NOM LMSC WPM EO1b SLIM • MM. Wfl!'IDe UL WOO E1.W'SIOb MIT INNITIMIMNAL WWI FM MINA0.1111 TE-O4-W rR X50400] 3•31E...n..WI1Mwl LN.LB ®CRPlRN: THE WOW h All FEET SW "ME M. 950.011 i1E3OLENT/SI 1 (40111011 NOKO 1ET 131 OF SECTION M.TO MNSW EVNORM. IMAGE 11.10ST 01111E MONO ANNLSN LFAONI. 1C00[COIMTY. WG. 4j 77.10 R W ILNE FEEI 6L 1.77 30133, MORE OR LFffi F.LH.12O4102O03 NOTE ACCORDING TO CHAPTER IM 5ECTRIN 33-5. ME NEW BWMMV SMALL MEMO TO ME FM 00E OF M' MWAM W GM'MY HID 04 VLL INCLUDE ML 01 EVERY 111014WAY WENN THEMFA AMMO MEN I 0011 NOT MC WEO N TIE LEGAL OEBCRPTON N SET EOM% WW1 CC LIMPS u 07X(060.1 C MI 0f DElWNE51An YQNIHC ORGEMETEEMPTIMTEIMEMMING iVSMl 63/1133/1ENMDTE NIMZ O r nNE6 WOOS 1 5A 00.0716 1 NNW1411.0 MET6.0.0.1 NCO OO.NND011....11,71.T. NR NEta1R. /PC MO 6 _. __. .-.RWWL1 WWW.10WL.NVxTNaeENI.OSNW .w AV.C.M11. N..MD.W6[lt.0w0 R9P1M).ODWMBCGEDM.T1N.r *WO HE LONEONbONM 01a M0 VOLNrtun MT.40N 1.E.NRUOWUMYO 01600 .pt,{ VON NO.MF®11061a1Mn1 Ew.vnNwwroxerm0ww . w Luna L.. 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JAMES WAY ❑ 8 r ZI 7 . nl' i� SS0 r---Li Id; f_.I I 1 • I ics i. in Ei =g EVE NO CTm 0 Pmg° g yy4 g 32 TI + CD *XE m.. 3 G] IZ1 r1 G] CO Z A { n A r W D D N N p O N A t D 1 0 I D 1 D m , < m m' m z 0 > D > 0 0 0 D 0 z '4'9 OEO'BL N — ❑ N 0 57 N m 0 0 n n n ❑ I 17 0 Z O 0 z m m r m A < 6O m n A A A 0 0 0 9 m D s 0 n • 0 :b33 NISN3 0 0 Z 01 A I 0 < 20 6 0 m Z • C 0 £ •O D - n -I toF or. .0 p m 9 a 0 to z n T� Q0A)gk(0Z.00001 1 v I` 0 0 n D r v m m z N m 0 0 Z ig r 0 (3 0 1 z •0 0 0 11 O ISLA BELLA ESTATES LEMONT, IL PRELIMINARY PLAT AVENUE CONTRACTORS, INC. 10426 W. 1153M2 PLACE ORLAND PARK. IL 60467 A. SINNOTT ENGINEERING, P C 1 7400 9. OAK PARK AVE. TIN LEY PARK. 1 L. 6[]477 ISSUED, 2/05/09 1 SCALE, 1 ".30' 01882' 67, 8.21.0.1 DEMO. 8.22.5. REVISION REVISION I PER 'MAME 000100 2111/01 6 2 RR 2124E RMIES E /14/01 1 3 Rp ruRZ REVIEW /02.0115 4 RR WI UWE RpW •,21NE R0r 0112r saunas 5 `/113BVSI ? ?` T 9Y s• _ _ -m OP / � I lSB "• -158 / , /, % / I/ ' .7i J - ' / • t , l�pw yy3T- 'alA�� A- f- ;eBElW�7Va Y =NP 1- �:Od1AA0 -4 gOm00 O On0- ,may Al Kell ROSE64.10018 Mika ° g IV.. • J 34"34 x c 2 F Su S S g 2 41212 1E 4.S0000 a g N[. F'JU 0 y +y0�ON.00 y00 �p0 yO N M S S O O N O S N O O O O O « m A Z c • -1 10 Qa H i a 00 0 0 0 420 00 2 n 0 00 O 0 O J d O m N O 0.j 110 m 60 ] m O ff99 -nm 113 Y0 « '0 0 «oyc - m - u 7 XIW 3f10S33 ,MOW igEP 88$ S3SSV80 1V1N3WVN210 ��ww VSOA gOS88g8Bm8 �4 N33210N3A3 O O v r 0N3031 INV ' 00000 m m 534 -(40 G N N G+ gdisegon 14.80 88 a 3P -ocP4 $ is Kra ff g.. ali.�;'go 3 3 R33'8 '811 ee ss,5 3 g o g a 0i L'4. MONO mm NM ms o� m o U) a D P1 m N 0.300 N ryq G inu«GUG M� 113/1160111 TOPSOIL (8" (mIMUM) 00 0 SL' RAINGARDEN SOIL MIX -505 COURSE SAND -205 COMPOST -305 TOPSOIL e" • µ7u °txy a • REAR SETBACK UNE PICAL ■N GARDEN SECTION xALE: 5 /a "Al'-0. PROPERTY UNE 2'x2 "x4' -6" stokes 0 8'o.c. Secure 2 levels of mono - filament line to stakes 0 attach 15" strip of red survey ribbon to top of stake and each line section. Emergent Aquatic Zone PICAL PDATOR CONTROL - RAIN GARDEN .te: Thle method oP predator control lea ousaested minimum. e contractor may use additional control methods as deelred. matter what method b utilized, the contractor Is responsible r the provision of the minimum quantity of plants specified. ALL MID "LAMrM . WALL rfMl, MMWA SPAM/ /_\A " \ / \ A /\ DAIRIPORAUI r•r Mal IR R• OE M& CO LTW oft "WM OORa. atna am. OR !MAIM IRI•OR Rool■ OM •oeraaaO ROOTARIER ROiRr ewoP0.NRi 10 PLaora7lM EG PLANTING DETAIL E.RENNIALS, ORNAMENTAL GRASSES 10 NES, GROUNDCOVERS 4 ANNUALS) Pomo Male IMieLY1Q'.. /. PLUM Noel eP MLR Mr IVOINUMID GLAPP Ti rlaae1A • ' �� Mai Ala Aecwvr /-NI� el1101 PAW * /�'� � p PROW1Raac • i��i rOP~OW .�t1'/.l�'' �`` j �t_Y 1.R•a� rasa) Pea WANCI LAR fz`��' �, APR . Off& 3gin MALLIRRAN Re ORM MIDI WARM MOWS OEVERGREEN TREE �� tem MA U. WALL PORMIALL asRia� si Parr OR OCIPAr. NT$ OSHRUBS MT5 © 2008 Ives /Ryan Group.Inc. Copyright 2008 Ives /Ryan Group, Inc., ell rights reserved. The design and any and all ideas contained herin are the sole property of the Ives /Ryan Group. Inc. Reproduction of the design or concept embodied herein in any form. in whole or in part, without the consent of the Ives /Ryan Croup. Inc. is prohibited. REVISIONS 1 PER VILLAGE REVIEW 7 -24-01 2 PER VILLAGE REVIEW 1 -10 -01 ISLA BELLA ESTATES Lemont, Illinois Ives /Ryan RG Group, Inc. Land Planning Landscape Architecture Golf Course Architecture 1801A North Mill Street Naperville, IL 60563 Phone: (630) 717 -0726 Fax: (630) 717-0875 www.ivesryangroup.com NOTES & DETAILS PROJECT N0.: JOB NO.: L1608 7928A DATE- 4 -30 -06 SCALE: l °w20' PLANNER:_ RP DRAWN BY•_Ikt CHECKED SHEET L -2 m • w u - MIR PM PIT ,11,11 lpi X m A • Z Z Z o m L fO J a N o m n 8 N 9zco-LLL (U£9): o4a n O Zr m C 11111 Ii IH 91111111 'ij 11; 111 qii' 111 JI keli g11 Ifl Igo �o € 3$ 1 j • i g 3 ti �9 ga n i 1 xx3$ R1 lilt 121S l88wi §i�3'R A R W3 1H I p ?qi 1 I. 4- g% IIY i Sig I �o°i @!1 =i19 Ell p i4 ai+ I. �x,§ tie � gy�pq u g7 l£ {e 3�3 4121°1 it ii m °- Pi al S§ 39- - 1 �i Sf f s- ,, K; ' :.1:1=; -“,sc, : 1 _ S s Hil ° e iii 14 I lIMiij R S " iE_ 0 i SQ §g q ' f ° g ?-a 3i 3 d t i 'S cg =g euoz o4 nby 4ueWew3 A ■$ 1 o ,— o w N m m 4 1 P1 N I — I SSYOO 40 3003 'God . 9 )- m; l'S'8al CO V 01 qp V— T an I IG m to i! *kg 11'0 P N '311'd o Q p N a °n a 030. a e o ;a n =0 07 8- a o_ . a a: 0. t 3 S 0 4 al c M M * 0 M M *0 4* M M M N M N M p N + O c c c c c c c c O W W W W W W W W W W W W W W W W W W W W V V V V V V V V V V W 0) V 0W) N A W N m O m N V 4.l N P W N a+ O A 0. V W N A W N+ O W N_. c n W V 01 N A W N+ c W W V 0) N A W N+ c ap W J W N A W N+ c n W V 0) N A W N+ c 10 co- +N + + +%N� at p N+ N � K N♦NNN Wa W app\ W acN+ NOIa N to \s c +Va Wa •+W " )O a Wan N Wa Ws Wa�clWA"V pi Wa" Wa VsNV pa n aato BONN app +c VWNOQN is aN\0 17831 W%� ... 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Land Use and Building Type 2. Architectural Controls 3. Architectural Review Committee 4. Dwelling; Quality, Size and Minimum Construction Standards ARTICLE II BUILDING AND USE RESTRICTION 1. Minimum Garage Requirements 2. Foundation, Excavation and Site Grading 3. Fences, Sheds, Pools and Exterior Antennas 4. Driveways 5. Parkway Trees and Sod 6. Weed Cutting and Lot Clean Up 7. No Trucks, Campers, etc. to be kept on Any Lot or on Any Street 8. Parking of Vehicles 9. Junk Machinery and Materials 10. Plant Diseases or Noxious Insects 11. Home Occupations, Nuisances and Livestock 12. Commencement of Construction and Completion of Landscaping 13. Clean and Orderly Construction Site 14. Temporary Structure ARTICLE III VARIATIONS AND DEPARTURES ARTICLE IV MODEL HOMES 1. Advertising and Signage ARTICLE V ISLA BELLA ESTATES HOMEOWNERS ASSOCIATION 1. Creation and Purposes 2. Membership 3. Voting Rights 4. Powers of the Board of Directors of the Association 5. Maintenance Assessments 6. Assessment Procedure; Regular Assessments 7. Assessment Procedure; Special Assessments 8. Allocation of Assessments 9. Non - Payment of Assessments 10. Subordination of Lien 11. Expenditures Limited to Assessment for Current Year 12. Indemnity of Directors 13. Liability Insurance ARTICLE VI AMENDMENTS 1. Amendments 2. General Provisions DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ISLA BELLA ESTATES LEMONT, ILLINOIS THIS DECLARATION made on , 2008, by Isolabella Properties, LLC, an Illinois Limited Liability Company (hereinafter referred to as "Declarant "). WITNESSETH WHEREAS, Declarant is the owner of record of the property legally described on Exhibit A, which is attached hereto and incorporated herein, which property is commonly known as the ISLA BELLA ESTATES (hereinafter, the "Subdivision "), which consists of four (4) residential lots, number 1 through 4, in a planned unit development in Lemont, Illinois; WHEREAS, Declarant, by a duly executed resolution signed by the managers of the Declarant, has been directed to execute this Declaration; WHEREAS, this Declaration sets forth covenants, conditions, restrictions, controls and limitations on the uses to which any lot in the subdivision may be put; and WHEREAS, the purpose of this Declaration is to keep and maintain the Subdivision as desirable, attractive, uniform and suitable in architectural design and use, to prevent haphazard and inharmonious improvements thereto, to guard against the erection thereon of buildings built of improper or unsuitable materials, to provide for the highest level and quality of improvements thereto and to establish a minimum level of care, maintenance and up keep of the improvements and to provide a limitation on the uses of the improvements, as more fully set below. NOW, THEREFORE, in consideration of the covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby accepted and acknowledged, Declarant hereby declares as follows: ARTICLE I GENERAL RESTRICTIONS 1. LAND USE AND BUILDING TYPE: No lot or building site may be improved, used or occupied for any use other than private residence purposes and all lots are hereby restricted to single - family residential use only. One main dwelling only designed by a licensed architect and designed for occupancy by one family only may be erected on any lot. Owners of the residences are strictly prohibited against running any business out of the residence and shall be prohibited from posting any signage of any nature on the property. 2. ARCHITECTURAL CONTROLS: No building, fence, wall or other structure shall be commenced, erected or maintained, nor shall any addition to or change or alteration therein be made, except interior alterations, until the construction plans and specifications, showing the nature, kind, shape, height and materials, color scheme, location on lot and approximate cost of such building or other structure, and the grading plan and landscape plan of the lot to be built upon shall have been submitted to and approved in writing by the Architectural Review Committee. The Architectural Review Committee shall have the right to refuse to approve any such construction plans or specifications, grading plan, or landscape plan which are not suitable or desirable in the opinion of the Committee, for aesthetic or other reasons; and in so passing upon such construction plans and specifications, grading plan, or landscape plan, the Committee shall have the right to take into consideration the suitability of the proposed building or other structure on the outlook from adjacent or neighboring properties. It is understood and agreed that the purpose of architectural controls is to secure an attractive harmonious residential development having continuing appeal. The quality of architectural design will be considered in 5 relation to this principal. Such approval shall not be arbitrarily, capriciously or unreasonably withheld. The Declarant and any subsequent homeowner may commence litigation to enforce this provision and the decisions of the Architectural Review Committee. In any such litigation, the violating homeowner shall be responsible to pay all reasonable costs and attorney's fees that are incurred by the Declarant. 3. ARCHITECTURAL REVIEW COMMITTEE: The Architectural Review Committee shall consist of the Declarant and their appointees or successors, or nominees of same, as well as certain independent architects which may be appointed by same. Said Committee may, at its discretion, provide and formulate its own rules and provide for its own succession. All plans, specifications and supporting and related material for which the approval of the Architectural Review Committee is required, shall be delivered to the Architectural Review Committee, together with the payment of a $100.00 fee to defray the costs of review. The Architectural Review Committee shall approve or disapprove the submitted material as soon as practicable, but Architectural Review Committee's written approval or disapproval shall in any event be given within 30 days after all the necessary material has been delivered to Architectural Review Committee and shall be final. If Architectural Review Committee disapproves any submitted material, or if Architectural Review Committee requires a modification of any kind, it shall, within said 30 -day period, inform the Owner by whom the material was submitted, of the reasons for Architectural Review Committee's disapproval or Architectural Review Committee's requirement that changes be made, but notwithstanding the obligation of Architectural Review Committee to state the reason for disapproval or for the required modifications, the decision of Architectural Review Committee, reasonably made, shall be conclusive and binding on all 6 parties. If Architectural Review Committee does not approve or disapprove, or require a modification, within the aforesaid 30 -day period, then at the expiration of said period, the Owner submitting the material will send written notice to the Architectural Review Committee to request a ruling within seven (7) days. The seven (7) day notice shall be sent certified mail, return receipt requested and shall be deemed sent on the date of actual delivery. If the Architectural Review Committee fails to respond to the seven (7) days notice, the material submitted to Architectural Review Committee shall be deemed to have been fully approved, and the Owner who has submitted the material deemed to have been approved by lapse of time, shall have the right to proceed as if Architectural Review Committee's written approval has been procured. All residential construction must be undertaken and completed only by qualified builders so that the quality of workmanship on said buildings so constructed conforms to professional standards. 4. DWELLING: QUALITY, SIZE AND MINIMUM CONSTRUCTION STANDARDS: It is the intention and purpose of these Covenants to assure that all dwellings shall be a quality of design, workmanship and materials approved by the Architectural Review Committee. All dwellings on said real estate shall be constructed in accordance with the ordinances of the Village of Lemont, Illinois in effect on the date hereof or in effect from time to time. The front facade of the building and at a minimum the entire first floor of the building (all sides) shall be of brick or natural stone with the balance of the sides of the structure to be composed of cementatous siding; this provision shall not be subject to a grant of variation. Each such building shall be a two story structure with a basement, no less than 4,500 square feet. Lots 3 and 4 shall be permitted to have a walk out basement. 7 ARTICLE II BUILDING AND USE RESTRICTIONS 1. MINIMUM GARAGE REQUIREMENTS: Each residence must have an attached side load garage which will house a minimum of three standard sized automobiles and shall be used only by the owners, occupants or their guests and shall not be used for rental purposes. 2. FOUNDATION, EXCAVATION AND SITE GRADING: The owner of any Lot in the Development on which any excavation or site grading activity is planned shall be solely responsible for ensuring that such excavation and/or grading activity takes place according to the Master Grading Plan submitted by the Declarant to and approved by the Village of Lemont. The height, ground elevation or grade of the top of each and every foundation, basement, and crawl space or base walls for buildings constructed in the Subdivision shall be set and established by the Architectural Committee and no building shall be constructed unless the top of the foundation, basement, crawl space or base walls shall be in accordance therewith. Neither the Declarant nor the Declarant can be held responsible for any failure of an individual owner to adhere to such Master Grading Plan. It is imperative that, prior to commencement of construction on any Lot, the owner of said Lot accord due caution and regard to the siting of the proposed dwelling unit, its attached garage and the driveway, and the elevation of the top of the foundation of said dwelling unit, in connection with and as the siting of said structures may affect the grading of said Lot. 3. FENCES, SHEDS, POOLS AND EXTERIOR ANTENNAS: The construction of fences and pools shall be permitted so long as they comply with the Village of Lemont, Illinois 8 Development Ordinances and the procurement of a permit from the Village of Lemont. Prior to the construction or application for permit being filed with the Village of Lemont, the owner of the premises will first have to procure from the Architectural Review Committee approval of the fence and/or pool. The only pools permitted to be constructed shall be in ground pools only; no above ground pools shall be permitted. All fences shall be required to be constructed using metal elements that are either black or neutral color. The Architectural Review Committee's disapproval of any proposed fence and/or pool shall be final and unappealable. The owner of any property is prohibited from constructing or maintaining a shed, out building or exterior antenna (television, radio, transmitter or receiving) of any kind or nature. 4. DRIVEWAYS: Access driveways and other paved areas for vehicular use on a lot shall have a base of compacted gravel, crushed stone or other approved base material, and shall have a wearing surface of concrete or other equivalent thereof or brick pavers, and concrete apron on the parkway consistent with the requirements and ordinances of the Village of Lemont. 5. PARKWAY TREES AND SOD: Each homesite shall maintain the trees and shrubbery located on their respective property as set forth in the Landscape Plan, prepared by IRG, Ives/Ryan Group, Inc. The homeowner shall not be permitted to remove planted trees and shrubbery located on their homesite without the express written consent of the Association and the Village of Lemont. Trees, shrubbery and other vegetation shall not be situated so as to obstruct the field of vision at vehicular intersections. Front yards, Side yards and Parkways must be landscaped and grassed with sod. Rear yards may be seeded. 9 6. WEED CUTTING AND LOT CLEAN UP: Each lot shall at all times be kept in a clean and sightly condition. No trash, litter, junk, boxes, containers, bottles or cans can be permitted to collect or remain exposed on any lot except as is necessary during the period of constructing. The owner of each lot shall be responsible for the cutting or removal of weeds on such lot so as to conform to the requirements, ordinances and regulations of the Village of Lemont. 7. NO TRUCKS. CAMPERS, ETC. TO BE KEPT ON ANY LOT OR ON ANY STREET: No trucks (with the exception of pick -up trucks), truck mounted campers, commercial vehicles, recreational vehicles, trailers, house trailers, snowmobiles, buses, boats, boat trailers, campers, junk automobiles, dilapidated or disabled vehicles of any kind shall be maintained, stored or parked on any dedicated street in the Subdivision or maintained, stored or parked on any portion or part of the lots in the Subdivision unless housed or garaged completely in a structure which complies with this Declaration and which has been architecturally approved by the Architectural Review Committee. 8. PARKING OF VEHICLES: No type of commercial vehicle shall be parked outside any garage on any lot in the Subdivision; however, commercial vehicles may be so parked when same are engaged in delivery or service to any residence located in the Subdivision. Further, no aircraft, recreation vehicle, commercial vehicle, boat or snowmobile shall be stored, either temporarily or permanently, outside any garage or otherwise in the open on any lot in the Subdivision. 9. JUNK MACHINERY AND MATERIALS: No implements, machinery, lumber or building materials shall be permitted to remain exposed upon any lot so they are visible from the streets or any neighboring lot, except as necessary during the period of 10 construction of a building thereon. No part of the Subdivision shall be used for storage of junk or for wrecking yards. 10. PLANT DISEASES OR NOXIOUS INSECTS: No plants or seeds, or other things or conditions, harboring or breeding infectious plant diseases or noxious insects shall be introduced or maintained upon any part of a lot. 11. HOME OCCUPATIONS, NUISANCES AND LIVESTOCK: No noxious or offensive activity shall be carried on, in or upon any premises, nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to the neighborhood. No burning of refuse shall be permitted outside the dwelling and no homeowner shall accumulate on his homesite any litter, refuse or other unsightly materials. Garbage will be contained in refuse receptacles and protected from view. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that not more than two (2) dogs, cats or other bona fide household pets may be kept, provided that they are not kept, bred or maintained for any commercial purposes and provided they do not make any objectionable noises and do not otherwise create a nuisance or inconvenience to any of the residents of the Subdivision. The person having custody of the same shall forthwith remove any pets, which cause objectionable noise or otherwise constitute a nuisance or inconvenience, from the premises. 11. FIRE SPRINKLER NOTICE: The Village of Lemont's Fire Marshal, John F. Rutkowski, has recommended that when a new residential structure is erected that will be in excess of 4,000 square feet the home owner should be protected throughout with a sprinkler system. The homeowner should consider this option when constructing the home and should inquire with the homeowner's general contractor the costs and benefit/liability to the installation 11 of a home sprinkler system. Acknowledgement of this recommendation shall be required when the property is transferred to a third party or at time of contract to construct a residential structure. ARTICLE III VARIATIONS AND DEPARTURES Declarant hereby reserves the absolute unqualified right to enter into agreements with the owner or owners of any lot or lots, without the consent of the owner or owners of other lot or lots, to depart or vary from any and all of the covenants set forth above, provided there are practical difficulties or particular hardships or other good and sufficient reasons evidenced by the owner making the request; and any such departure or variation, which shall be manifested by an agreement in writing, shall not constitute a waiver of any such covenant as to the other lots in the Subdivision. It shall be the Declarant's sole opinion whether such variance or deviation from these Covenants and/ or the Architectural Review Committee's decision shall be substantial or result in harm or diminution in value of the Subdivision as a whole. The Declarant's decision to grant a variance or deviation from these Covenants or the Architectural Review Committee's decision shall not be appealable and shall be final. ARTICLE IV MODEL HOMES The Declarant and only builders as designated by Declarant shall be allowed to construct "model homes" in the Subdivision. These residences shall be used as "model homes" to advertise the construction product of the aforementioned entities, with appropriate signage as 12 approved by Village of LEMONT. Plans for all "model homes" shall be subject to the approval of the Architectural Review Committee. 1. ADVERTISING AND SIGNAGE: Until the sale of all lots by the Declarant, no advertising, sign or billboard, including "For Sale" or other advertising signs, shall be erected or maintained on any lot except for those erected by the Declarant. This includes any signage for the re -sale of constructed homes. Once the Subdivision is fully built out and the Declarant, or its successor, owns not additional vacant lots then the Owners may erect "For Sale" signs. Nothing in this paragraph shall be construed to restrict the erection of any signs by Declarant designed to advertise generally the name of the Development, or to call attention to model homes. ARTICLE V ISLA BELLA ESTATES HOMEOWNERS ASSOCIATION 1. CREATION AND PURPOSES: There shall be formed an Illinois not - for - profit corporation to be known as the Isla Bella Estates of Lemont Homeowners Association, an Illinois not for profit corporation to be organized by the Declarant, whose purposes shall be to cooperate with the Declarant, homeowners and lot owners, to ensure high standards of maintenance and operation of the common areas. 2. MEMBERSHIP: Every person or entity who is the record owner of a fee or an undivided fee interest in the Lots of ISLA BELLA ESTATES, upon the vesting of such interest and without any further act, shall be a member of the Association subject to the obligations provided herein, in the Articles of Incorporation and the duly enacted By -Laws of the Board of Directors. The presence at membership meetings of any one or several Members of the Lots of 13 ISLA BELLA ESTATES shall be sufficient for the purposes of determining the presence of a quorum and the voting on any matter properly before the meeting, except as otherwise provided for herein. The foregoing is not intended to include persons or entities that hold an interest merely for the performance of a security obligation. Membership shall be appurtenant to and may not be separated from Ownership of any of the Lots of ISLA BELLA ESTATES. Ownership of such Lot shall be the sole qualification for membership, and membership shall cease upon termination of such ownership. There shall be two classes of membership in the Associations, the Declarant, so long as it retains ownership in any lot, and the Owners of the homes, with the respective powers and rights as set forth in the By -laws and these Covenants. 3. VOTING RIGHTS: Owners of the Lots of ISLA BELLA ESTATES as defined in Section 2 of ARTICLE V of this Declaration shall be entitled to one vote for each Lot in which they hold the interest required for membership under Section 2 of ARTICLE V. When the ownership of any one Lot is held by more than one person or entity, all such persons or entities shall be members and the vote for such Lot shall be exercised among them, but in no case shall there be allowed more than one vote for any one Lot. The Declarant shall be entitled to vote the number of lots owned. Where these Covenants or the By -laws grant the Declarant sole right and power to vote on an issue, the Declarant shall be permitted to vote on such issue so long as the Declarant retains ownership in at least one lot. The lots owned by the Declarant shall have five votes, which may be split and voted singularly or in unison. 4. POWERS OF THE BOARD OF DIRECTORS OF THE ASSOCIATION: Upon conveyance of the first lot in the subdivision by Declarant the Board of Directors of the Association shall have the following powers and obligations: 14 a) To maintain all common areas including the maintaining the landscaping, the gate and its immediate area, the private cul -de -sac Isla Bella Court, the Rain Garden and the snow removal; b) Provide for errors and omission insurance; c) Provide for liability insurance for any occurrence on the common areas; and d) Enforce the By -laws and these covenants. The Association shall be responsible for the continued maintanence of the Rain Garden and plantings along the south end of lots 1 and 4. The Association shall establish an annual budget for such maintenance and up keep of the plantings as set forth in paragraph 5 hereof. 5. MAINTENANCE ASSESSMENTS: a) Covenant for Maintenance Assessments: The Declarant, with respect to the Lots of ISLA BELLA ESTATES, by acceptance of a Deed therefore, whether or not it shall be so expressed in any such Deed or conveyance, is deemed to covenant and agree to pay to the Association (1) regular assessments or charges; and (2) special assessments for capital improvements and unforeseen expenses. All such assessments are to be established and collected as hereinafter provided in this Declaration, together with the Articles of Incorporation and By- Laws of the Association. b) Purpose and Use of Assessments: All assessments levied by the Board shall be for the purpose of ensuring the high standards of maintenance, repair and replacement and the maintenance of the common property as set forth in paragraph 4 above. Such purposes and uses of assessments shall include (but are not limited to) the costs of the Association of all insurance, repair, replacement and maintenance and other charges by this Declaration of Covenants, Conditions and Restrictions, or that the Board of Directors of the Association shall determine to be necessary or desirable to meet the primary purpose of the Association. Any unforeseen expense of the Association, including but not limited to capital improvement or unforeseen expenses, i.e. construction, reconstruction or unexpected repair or replacement of the common 15 areas, shall be subject to a special assessment that will be voted upon and approved by the Board at any regular or special meeting of the Board. 6. ASSESSMENT PROCEDURE; REGULAR ASSESSMENTS: a) The Declarant shall be assessed only $100.00 per year for each lot that is owned by the Declarant. The Owners will be assessed at closing a capital contribution fee of $500.00. The Declarant shall establish the annual assessment fee based on the estimates for performing all obligations set forth in paragraph 4 above. Thereafter, the regular assessments shall be determined by the affirmative vote of a majority of the Board of Directors of the Association, as provided in this Declaration and the By -Laws of the Association, but the annual rate of assessments may not be increased without the affirmative vote of two -thirds of the entire membership except for the following: (1) 5% per year when approved by the affirmative vote of a majority of the voting Members of the Association; or (2) 10% per year when approved by the affirmative vote of a majority of the voting Members, present at a meeting thereof called and held in accordance with the By -Laws of the Association. b) On or before December 1st of each year commencing December 1, 2008, and pursuant to the By -Laws of the Association, the Board of Directors shall hold a meeting or meetings: (1) To estimate all expenses provided for in Section 4 of this ARTICLE V; (2) To fix the amount assessed against the individual Lots for the forthcoming year; and (3) To establish the date or dates on which such assessments or installments thereof shall be due the Association and in lieu thereof the amount of the prior year's annual assessment shall be the fixed amount. Should the Board of Directors fail to establish a payment date, all regular assessments shall be due in four (4) equal quarterly installments on the first day of each quarter of the year for which they are assessed. The annual assessment on 16 Lots added through the sale by the Declarant shall commence on the first day of the month following annexation of such property. c) The Board of Directors shall prepare an itemized List of all estimated expenses and shall give written notice of assessment to each Owner subject thereto. 7. ASSESSMENT PROCEDURE; SPECIAL ASSESSMENTS: a) Special assessments may be levied by the Association to defray the expense, in whole or in part, of any capital improvement or unforeseen expenses. Such capital improvements shall include the construction, reconstruction or unexpected repair or replacement of the common areas. Unforeseen expenses shall be deemed to be those expenses not provided for in paragraph b of Section 5 of ARTICLE V. b) Whenever the Board of Directors shall determine a need exists for Levying a special assessment as herein provided, the Board of Directors shall adopt a resolution setting forth the need, amount, period of payment and due date or dates for the proposed special assessment. All special assessments must be approved by a two- thirds (2/3) vote of the voting Members of the Association. Such vote shall be taken at a meeting called by the Board of Directors for that purpose. 8. ALLOCATION OF ASSESSMENTS: Both annual and special assessments must be fixed at a uniform rate for all Lots except as may be otherwise provided in this Declaration. Any assessment and any installment thereof provided for herein shall commence on the Lot on the due date for such assessment in the month following the conveyance, transfer or lease of such Lot by the Declarant. The initial assessment shall be adjusted according to the number of months remaining in any calendar year. 9. NON - PAYMENT OF ASSESSMENTS: Any assessments, regular or special, which are not paid on the due date, shall be delinquent. Such delinquency shall be a constituting 17 lien and an equitable charge running with the land touching and concerning said Lot so assessed, held by the then Owner or Owners, their heirs, devisees, personal representatives, assigns, successors and grantees. Should title to any Lot be held by more than one Owner, all Owners shall be jointly and severally liable. The lien shall attach to all rents due from parties in possession on any Lot on which a delinquent assessment exists, provided that it shall be subordinate to an assignment of rents held by a mortgagee when delivered in connection with a first mortgage loan to purchase any Lot. Should any assessment remain unpaid thirty (30) days after it has become delinquent, such assessment shall bear interest from the date of delinquency at the annual rate of eighteen percent (18 %). The Association may recover any delinquent assessments by referring the collection to an attorney. The Owner then shall be obligated to pay any and all reasonable attorney's fees and costs incurred in such collection procedures, including but not limited to court costs. The Association shall have the right to foreclose on the lien and proceed in any court of equity or law in Cook County, Illinois. The enforcement of liens or charges shall be limited to a period of five (5) years. The persons in possession of any Lot shall be authorized to accept summons on behalf of the Owner or Owners of such Lot. No Owner may waive or otherwise escape liability for the assessments provided for herein by the non -use of the Lot. 10. SUBORDINATION OF LIEN: The lien of the assessments provided for herein shall be subordinate to the lien of the first mortgage or first trust deed placed upon the Lot for the 18 purpose of purchasing same. Such automatic subordination shall apply only to the assessments, which arise subsequent to the lien of the first mortgage or first trust deed. The sale or transfer of any Lot pursuant to a decree of foreclosure under such first mortgage or first trust deed, or any proceeding or conveyance in lieu thereof, shall not extinguish the lien of such assessments, which have become due and payable prior to such sale or transfer. Such sale or transfer shall not relieve the Lot from liability for any assessments or installments thereafter becoming due. 11. EXPENDITURES LIMITED TO ASSESSMENT FOR CURRENT YEAR: The Association shall not expend more money within any one year than the total amount of the estimate and subsequent assessment levied for that particular year, plus any surplus which it may have on hand from previous assessments; nor shall said Association enter into any contract binding the assessment of any future year, except for contracts for utilities, and no such contract shall be valid or enforceable against the Association. 12. INDEMNITY OF DIRECTORS: The Directors and Officers of the Association shall not be liable to the Owners for any mistake of judgment or any acts or omissions made in good faith as such Directors or Officers. The Owners shall indemnify and hold harmless each of such Directors or Officers against all contractual liability arising out of contracts made by such Directors or Officers on behalf of the Owners or the Association, unless any such contract shall have been made in bad faith or contrary to the provisions of this Declaration. 13. LIABILITY INSURANCE: The Board shall also have the authority to and shall obtain comprehensive public liability insurance, including liability for injuries to and death of persons and property damage in such limits as it shall deem desirable, and Workmen's Compensation Insurance and other liability insurance as it may deem desirable, insuring each Owner, the Association, its Officers, members of the Board, the Declarant, and their respective 19 employees and agents, from liability and insuring the Officers of the Association and members of the Board from liability for good faith actions beyond the scope of their respective authorities. Such insurance coverage shall include cross liability claims of one or more insured parties against other insured parties. The premiums for such insurance shall be common expenses. 20 ARTICLE VI AMENDMENTS 1. AMENDMENTS: This Declaration may be amended by the Declarant until such time as Declarant has conveyed all lots in the Subdivision owned by them to other purchasers. Thereafter, this Declaration may be amended by vote of the majority of the owners of the residential lots in the Subdivision. No amendment shall be effective unless and until a copy of the same signed by the Declarant or, where appropriate, by majority of the owners of lots in the Subdivision, is filed of record in the office of the Recorder of Deeds of Cook County, Illinois. This agreement shall further govern the future disposition and ownership of lots in the Subdivision as to all owners hereof agreeing to be bonded by the terms of this agreement, their successors and assigns. 2. GENERAL PROVISIONS: a) The covenants, conditions and restrictions contained herein, and all amendments thereto, shall run with the land and be binding upon Declarant and upon all persons claiming by, under and through Declarant until the date which is twenty -five (25) years from the date of execution of this Declaration; b) Upon the date referenced in subparagraph 2(a) above, this Declaration and all amendments thereto, shall be automatically extended for successive ten (10) year periods; c) In the event that the owner of any lot in the Subdivision shall violate or attempt to violate any of the covenants, conditions and restrictions, controls and limitations contained herein, the Declarant and/or any owner of any other lot in the Subdivision shall have the right to institute and carry through any proceeding at law or in equity in order to prevent, restrain, enjoin 21 or remove any such violation or attempted violation, or to recover attorney fees, expenses and damages based on such violation or attempted violation; d) In the event that a court of competent jurisdiction finds any section, part, provision, term or phrase of this Declaration invalid, said invalidity shall not affect the validity or invalidity of the remainder hereof; e) This Declaration shall be effective upon the filing of record of same in the office of the Recorder of Deeds of Cook County, Illinois; and f) Declarant hereby reserves the right to enter into agreements with the grantee of any lot or lots (without the consent of grantees of other lots or adjoining or adjacent property) to deviate from any or all of the Covenants set forth in the General Restrictions provided there are practical difficulties or particular hardships evidenced by the grantee, and any such deviation (which shall be manifested by an agreement in writing) shall not constitute a waiver of any such covenant as to the remaining real property in ISLA BELLA ESTATES. IN WITNESS WHEREOF, Declarant has caused this Declaration to be signed and sealed on the day and year first above written. Isolabella Properties, LLC, an Illinois Limited Liability Company, By: Attest: Its: By: Its: 22 STATE OF ILLINOIS ) SS COUNTY OF Cook I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that personally known to me to be the of Isolabella Properties, LLC, an Illinois Limited Liability Company, and personally known to me to be the of said Company, 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 acknowledge that a such and , they signed and delivered the said Instrument as officers of said company, pursuant to authority given by the members and managers of said company, for the uses and purposes therein set forth. Given under my hand and Notarial Seal this day of , 2008. Notary Public 23 EXHIBIT A Legal Description Document Prepared By: John P. Cooney Cooney & Corso, LLC 4925 Indiana Avenue, Suite 101 Lisle Illinois 60532 630 - 324 -7833 630 - 675 -2828 cell phone 630 - 324 -7801 facsimile EXHIBIT F Rain Garden Installation and Maintenance Plan 10 -21 -08 Section 1 General 1.01 Description of Work: The Work shall consist of the furnishing, transporting and installation of all seeds, plant and other material to establish a rain garden as set forth in the Rain Garden Plans and Specification generated by IRG and dated April 30, 2008 ( "Plans "). The Work shall also consist of post - planting management and any remedial actions required. 1.02 Quality Assurance: The Work shall be performed in a workmanlike manner and according to the Rain Garden and General Notes on the Plans and in compliance with the Village's requirements. Further: a. There will be no substitution of materials, species and quantities unless agreed to by the Village's Ecologist or other consultant ( "Village's Consultant "). If a substitution is requested, the Developer shall submit a written request to the Village's Consultant and state the grounds therefore, including the unavailability of the species, change in circumstances and a proposal of the new or substituted species or quantity. The substitution shall not be unreasonably withheld. b. All seeds shall be purchased from reputable suppliers and shall not be mixed prior to installation. c. All plantings shall be purchased from a reputable supplier. d. The Developer shall be required to replace and repair any defective work. e. The Developer shall retain a subcontractor with has experience with the installation of rain gardens or in the restoration, installation and management of natural areas with a minimum of five (5) year's experience. The Developer shall seek to maintain the same subcontractor for the installation and stewardship. 1.03 Submittals: Developer and/or its subcontractor shall submit to the Village and/or the Village's Consultant the name of the suppliers of the seeds; plantings; and seeding/planting schedule showing the anticipated dates for the seeding and plantings. 1.04 Project Conditions: The grade will be shaped to the elevation shown on the Plans. The topsoil will be free of clods, stones, roots, sticks, rivulets, gullies, crusting and caking. Developer shall notify the Village's Consultant of the completion of the site for seeding/planting and the Village's Consultant shall have the right but not the obligation to inspect the site, which shall not be greater than 48 hours after notification that the site is prepared for seeding/planting. If during the seeding/planting conditions that would be detrimental to plant growth is encountered, the Developer shall notify the Village's Consultant before continuation of the seeding/planting. 1.05 Performance Standards: Per the Plans, the subcontractor shall guarantee the seeding and planting through the installation and until the Project is accepted as complete by the Village Consultant. The Project shall be deemed accepted and complete when: a. By the end of the first full growing season, the planting areas as defined in the Plans shall exhibit nearly complete vegetative cover. There shall be no areas greater than 12" x 12" that are devoid of vegetation; if so, the contractor shall return to install more seed or plants as specified on the Plans. b. By the end of the second full growing season, a minimum of 60% of the species planted shall be alive and apparent. There shall be no areas greater than 6" x 6" that are devoid of vegetation. c. By the end of the third full growing season, a minimum of 85% of the species planted shall be alive and apparent. There shall be no areas greater than 6" x 6" that are devoid of vegetation. If these performance standards are not completed by the end of the third full growing season, the Project shall not be deemed accepted and complete and the Project shall be reinspected by the Village Consultant the following growing season to confirm compliance. Section 2 Products 2.01 All materials shall be from those identified and listed on the Plans. All seeds shall be guaranteed by the subcontractor to be true to name and variety. Seed mixtures shall be proportioned by seed count and seed count percentages. All seeds and plantings shall be installed according to the industry standards and covered in such a manner as to insure adequate protection against damage. Section 3 Installation 3.01 At least twenty (20) days prior to performing the Work, the Developer and/or subcontractor shall notify the Village and/or Village's Consultant and submit a planting schedule. 3.02 The period for planting seed and plantings shall be between April 1 to June 15 or September 15 to October 31 or at any other time approved by Village's Consultant. 3.03 Remove or herbicide with RoundUp existing grass, vegetation and turf. Dispose of such material legally off -site. Do not turn over soil. 3.04 Seeded prairie shall NOT receive fertilizer. 3.05 Remove high areas and fill in depressions, remove clumps, clods, stones over 2" in diameter, roots and other extraneous matter. 3.06 Goose exclosure along the perimeter of the planting area shall, upon the request of the Village Consultant, be provided. Such exclosure shall consist of: posts 1" x 4" square oak stakes, or equivalent, placed 7 -10' on center; poultry fence, 4' with 3/4" x 1" grid, along the perimeter with cable ties; and 704 nylon wire, from post top to post top, to prevent the geese from entering the exclosure from the air. Section 4 Stewardship 4.01 General. Work detailed is for the short- and long -term maintenance of the rain garden. Stewardship shall start upon planting and continue through the acceptance by the Village that the performance standards described in Section 1.05 above have been fulfilled. Additionally, the stewardship measures contained in this section shall serve as requirements to be reviewed and fulfilled as part of any annual inspection requirements specified in any annexation agreement or ordinance approving a planned unit development containing the rain garden. 4.02 Watering. Apply sufficient water to the rain garden for 6 -8 weeks post planting to allow for dense root establishment. Apply water with sprinklers or nozzles that create a gentle application. Avoid harsh stream sprays that wash the plants or seed from the ground 4.02 Weed Control. The following aggressive invasive species shall be prevented from becoming established in the Rain Garden area: Reed Canary Grass White & Yellow Sweet Clover Kentucky Blue Grass Tall Fescue Purple Loosestrife Sandbar Willow Mullein Teasel Canada Thistle Bull Thistle Garlic Mustard Pastinaca Phalaris arundinacea Melitotus alba & officianalis Poa pratensis Festuca eliator Lythrum salicaria Salix interior Verbascum Thapsus & V. blattaria Dispsacus lacinatus & D. sylvestris Cirsium arvense Cirsium vulgare Alliaria petolata Pastinaca sativa The following non - native species or any other invasive species designated by the Village Consultant are to be mowed or removed during flowering to prevent seed set: Queen Anne's Lace Daucus carota Black Medic Foxtail / Millet Red Clover Medicago sativa Setaria spp. Lotus x hybrid 4.03 Any additional planting or seeding will use the same species as set forth in the Plans. Substitutions shall be approved by the Village Consultant. 4.04 Pesticides shall be chosen to have the least environmental impact and be installed according to the manufacture's recommendation. All pesticides shall be installed by licensed applicators. a n.0 On. ,„0 m0 n.00.. nMJ0 .o A W •ro 0 1G ua7 w�q nPe m4 m0."�°V 0 d1i 0m iegkF a• 215- m m XJ 0 a m Oh Z v1 r- 101 415 0»L Y 0»bI•n -1)K 1332LLS 41821 a.1 0... IIEVISION! KRYSTYNA CROSSING 127 TH STREET LEMONT, IWNOIS oniidecope Cokehnetim ...MY WW1 w. mutts. el 0.!0000.. con ££££££ •'n • Y4K i3?3 HY'e•4M4yt•R4' �/G1 ( a.m: u�.nmva va..� S_ xiimeln 1'% `- till VI, Wrir N/ a, KRYSTYNA CROSSING 127 TH STREET LEMONT, IWNOIS CICKUMIEEM 96.644. ate. , nM.Naa ..ewa mo re sr ••rar w ..uartww .caut./N aM.cw,. can KRYSTYNA CROSSING 127 TH STREET LEMONT, IWNOIS criar Co godscapo asisespo arx 4• i Cattalos — 11:10a,,,r ^NY *FY M w� any MAW 01w10•0Ne. can LANDSUFNEYOFIS 125365 Ip4oNT RD. LEMONT, MUNOIS 50439 PH O E: 730 -0707 FAX (530) 739 -6080 CHICAGOC O AREA: PHONE Slit -9477 FAX (773) 581 -5760 E -MAIL: GE /1DSLPOLTELUs PUBLIC W1LITY AND DRAINAGE EASEMENT PROVISIONS A NON-EXCUJSIVE POIPETUAL EAg1ENT 16 HEREBY REptED ADD GRANTED TO THE V U AGE OF LEMONT. :a THEIR SUCCESSORS AND AASSIGIS OVER ALL MEAS DESIGNATED 'PUNIC UTILITY AND GRAMME EASEMENT' MO 11108E MEAS DESIGNATED "PU & DE' ON IC PLAT, 117 CONSTRUCT, RECONSTRUCT. IMPAIR INFECT, AN MID OPERAiIE vammous TRANSMISSIONS. Ismoulak AND INCLUDING NET NOT UNITED 10 MTE UES.:M T IOW Wan TOGETHER VIM ANY MD ALL NECESSARY VALVE VAULTS. PIK HYDRANTS. MMTIIOLFS, CATCH BASINS. CONNECTIMS. i O1 M D M� UNDER AND THROUGH THE SURFACE OF THE PROPERTY NOWT 1W ON NE PLATE. TOGETHER NTH THE RIGHT OF ACCESS FOR iECESSARY LABOR. MA MS AND EQUIPMENT TO 00 ANY OF IRE ABOVE WORK. THE RIGHT IS ALSO CRANED TO CUT DONE TRIM CR REMOVE, WITHOUT CBUGATION TO RESTORE OR REPLACE ANY OBSTRUCTION, I101UDED BUT NOT UNITED TO t1AEES. SHRUBS, OTHER PLANTS. STRUCTURE OR SMPROWEOIENIS ON THE EASEMENT 'THAT INTERFERE WITH THE OPERA/ION OF SUCH LIES AND SE VIERS. NO PERMANENT BUILDINGS OR STRUCiURES SHALL E PLACED ON SAD EASEMENT. BUT SAME NAY E USED FOR GARDENS. LANDSCAPE AREAS. MO Opp! PURPOSES THAT DO NOT 'THEN OR LATER INTERFERE RIMIER THE AFORESAID USES OR KIM MERE AN EASEMENT TS HALED FOR BOTH KIER AHD ORER UtLJiE^S, 11E OTHER UILJTY INSTALLATION SHILL BE SUNECT >D THE ORODINCE OF TIE 1IiLLAME OF LEMONT NO TO VILLAGE APPROVAL AS TO DESIGN AND LOCATION. PERPETUAL EAMIENT /IRE HEREBY FOR • MID 10 HIE ULAN E OHM THE NOMEf RAL RE NAM t * L OF MUNICIPAL O. ME L� '� � SANITARY SEww SERVICE NO MAINTENNICE AND E#IERGOICY AND NIIISMI.MUCE. MIRE, NO OTHER PUBLIC SAFETY RELATED SERVICES. COM ED COMPANY AND AT &T CORPORATION AN EASEMENT N HEREBY RESERVED FOR AND GRANTED TO COINED COMPANY AND AT &T ODRATICA MDR MINE SUCCESSORS AND A1SIENS. JOINTLY MO SEVERALLY. FOR THE INITILLA�p YMAiEN II REIOCA110N, IN EN% NO REMOVLL OF OVERIEAO N° NM JIQL ROtNO ELATE C ND COMMUNICATIONS CABLES AND PROPERTY S10Mi ON THE PLAT NO DESIGNATED AS 'PUBUC UTIUTY MO DRAINAGE EASDADIr OR 'PU & DE' NO IC PROPERTY °M AIMED ON THE PLAT FOR STREETS AND ALLEYS INQUIRED W PROVIDE THE KRYSTYNA CROSSING. P.U.D. AHD OTHER PROPERTY, NETHER OR NOT CONTIGUOUS TIMID, IMH ELECTRIC AND COMMUNICATIONS SERVICES, TOGETHER WITH THE NWT TO INSTALL REQUIRED SERVICE CMIEC1IONS OVER OR RICER THE SURFACE CF EACH LOT TO SERVE THEREON, OR ON ADJACENT LOTS, 'DIE • RIGHT 10 CUT. TRIM OR REMOVE TREES, BUSIES AND ROOTS, AS MAY REASONABLY REQUIRED INCIDENT 10 THE RIGHTS IEREN MEN, AND THE RIGHT TO DAM UPON THE SUBDIVIDED PROPERTY FOR ALL ilDuiPURPOSES. NO BUILDING OR OTHER OBSTRUCTION-SHALL BE PLACED OVER GRANTEES FACNJTES OR IN, UPON OR OVER THE PROPERTY NINON THE ' PUBLIC MIRY AND DRAINAGE SHALL ANY OTHER USE BE MADE THEREOF VASO1 SRL II1EiFERE NA1H ME EASEENTS REEVED AND GRANTED HEREBY. AFTER MSTALL ATION OF ANY SUCH FAMINES, ES, THE GRADE OF SUBORNED PROPERTY SHALL NOT BE ALTERED N A MANNER SO AS TO N1ERFERE VATH THE PROPER OPERATION AND MARREiNANCE THEREOF COMCAST COMMUNICATIONS AN EASEMENT 5 ICY RESERVED FOR AND GRANTED TO COMCAST COMMUNICATIONS CORPORATION, O'ERATIIG M1HN THE W.LAGE OF LEMONT ITS SUCCESSORS AND AM IS. JOINTLY MO ENIRN,LY. FOR THE NSTAILLAT1ON, MAINTENANCE. RELOCATION. REMOVAL MO REMOVAL CF CABLE COMMUNICATION AND BROADCAST SIGNAL SYSTEMS N, UNDER ACROSS, ALONG AND UPON THE SURFACE CF THE PROPERTY SHORN ON WE PLAT AND DESIGNATED AS "PUBUC UTIUTY AND DRAINAGE EAASEM Dfr OR "PU & OE' AND THE PROPERTY DESIGNATED ON THE PLAT FOR S Hint Ib AND ALLEYS AS REQUIRED TO PROVIDE THE KRYSTYNA CROSSING P.U.D. AND OTHER PROPERTY. WHETHER OR NOT CONTIGUOUS THERETO, BATH OOMMUNICATKIN AND BROADCAST TV SERVICES„ TOGETHER NTH THE RIGHT TO INSTALL REQUIRED SERVICE COMEC1IONS FOR EACH LOT. NO BUILDINGS OR OTHER OBSTRUCTION SHALL BE CONSTRUCTED OR ERECTED N ANY SUCH ' PUBLIC ullLTY AND DRAINAGE EASOADIr OR ?u * DE' AREAS. WITHOUT THE PRIOR WRITTEN CONSENT OF GRANTEES.. NOR BALL ANY OTHER USE BE MADE THEREOF WHICH WALL NIERFEPE WITH THE EASEMENTS RESERVED AND GRANTED HEREBY. IMCOR CORPORATION /N0dt GAS COMPANY MN EASEMENT R HEREBY IESERWD FOR MD GRANTED 10 MOOR CORPORATION MAD MCOR GAS COMPANY. THEIR SUCCESSORS AND AWNS. JOINTLY AND SEVERALLY. FOR THE INSTALLATION, MAINTENANCE, RELOCATION. RENEWAL AND REMOVAL OF GAS MAINS AND APPURTENANCES M. MOT, ACROSS, ALONG AND UPON THE SURFACE OF THE PROPERTY SHOWN ON THE PLAT AiD DESIGNATED AS "PUBUC UTILITY AND DRAINAGE EASDADI • OR 'PU & DE' AiD THE PROPERTY DESIGNATED ON THE PLAT FOR STREETS AND ALLEYS REQUIRED TO PROVIDE THE gRYSTYNA CROSSING P.U.D. AND OTHER PROPERTY, SIE1H E R OR NOT CONTIGUOUS THERETO, NTH GAS SUPPLY SERVICES. TOGETHER NTH THE RIGHT TO INSTALL REQUIRED SERVICE CONNECTION FOR EACH LOT. NO BUILDINGS OR OTHER OBSTRUCTION SHALL BE CONSTRUCTED OR ERECTED N ANY SUCH 'PUBLIC U1IUTY AND DRAINAGE EASEMENT' OR "PU & DE' AREAS, WITHOUT THE PRIOR MITTEN CONSENT OF GRANTEES. NOR SHALL ANY OTHER USE BE MADE THEREOF RICH WALL NTERFTRE MTH THE EASEMENTS RESERVED AiD GRANTER HEREBY. STATE OF ILLINOIS 1 cowry or COO 1<C` 1 SS cowry APPROVED 1Y TiE PLAN COMISSON pig OF LEMONY COUNTY, LUNOIS. 11IS Z.4_ DAY 01 r f ` , M STATE OF LUNOIS COUNTY of COOK PLAT CERTIFICATION APPtiY THE THIS AY OF CHAIRMAN, PLAN COMMISSION 1 ss STATE OF IWNOIS 1 COUNTY OF .00 K ISS v .& , 1U AGE D4GINEER OF THE VILLAGE OF LEMONT, ILLINOIS, HEREBY CERTIFY TO THE BEST OF MY KNORLJEDGE AND BELIEF THAT THE LAND IMPROVEMENTS DEICRI D N THE ANNUM PLAT AND THE PLANS SPECIFICATIONS THIETEFROM MEET THE MiNNIMUM REQUIREMENTS OF SAID VLLAGE. DA AT LEMONT, COOK COUNTY. IWNOIS, 0 DAY OF OG ..... • STATE OF LUNOIS VLLAGE ENGINEER �RL �� � z•3C f70 1 1 ss COUNTY OF COUI4TY H WAY Cat ATE APPROVED INS DAY OF AS 10 THE ROADWAY ACCESS W COUNTY HIGHWAY(S) ALSO KNORM As . 200_ SUMMATE/KENT OF HIGHWAYS 1111E1. 1) IRON PIPES SET AT LOT CORNERS 2) DUS1NG BUILDINGS ARE NOT SHOWN 3) AREA - 659,547 SQ. FT. - 15.14 ACES 4) PUBLIC UTIUTY EASEENTS PROVIDED, SHALL BE FOR THE USE OF MINNICPAL SEVER AND WATER LNES„ SiORM DRAINAGE AiD PUBLIC WITTY LNES, UHES FOR ANY CABLE TELEVISION FRANCHISES BY THE VISAGE, AND OTHER MUNICIPAL USES CURRENT PROPERTY INDEX NUMBER SOD TAX BLL TO KRYSTYNA MERPRISE. WC. 12 S. 3856 LEMONT ROAD MOST. ILLINOIS 10138 (PIN): 22 -33- 100 -006 & 22- 33-100 -006 & n- 33100 --COB & 22- 33-100 -009 & 22- 33-100 -010 pit/ FINAL PLAT OF KRYSTYNA CRO88IPC3 P.U.D. THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. RECOR,1 G FEE $ DATE CONES_ ` �- 19 STATE OF IWNOIS COUNTY OF ENEUX_CLEETEMBECUE COUNTY NON OF COUNTY. ILLN0IS, DO HEREBY CURVY THAT 1 FIND ND IMMOUENT ORAL TAXES, NO UNPAID CURRENT KISEUL TAXES, NO UNPAID N NWEIT D TAXIES„ NO CEJNQUE*T OR UNPAID CURRENT WOW. ASIENSNENIN. NO NINNO NLJE TAX SAMES Ai:AINST ANY OF THE LAND MOM 01 WS RAT OF SUMMON M_ NO DEFERRED IISTALUETITS N ACCORDANCE 11'14 THE PROPOSED SUBDIN90N NO MLY�APPPROVEDBYTHE IMOD COURT THAT CONFIRMED TIE SPECIAL AGENT. OVEN UNDER MY HMID AND SEAL AT COUNTY, WNCSS, THIS DAY OF 2!00 STATE OF LLNOiS COUNTY OF COUNTY CAM VILLAGE OF LEMONT. DO HEREBY CERY THAT THERE ARE NO DELIVUNT OF THE TF CURRENT OR FORFEITED SPECIAL ASSESSMENT, NIICH HAVE NOT BEDD DIVIDED N ACCORDANCE 1WMH THE PROPOSED SUBDIVISION AiD DULY APPROVED BY THE COURT THAT CONFIRMED NE SPECIAL ASSESSMENT. DATED AT a • T COO It. LUNOIS, THIS °zv DAY OF ,6 ' STATE OF LUNOIS COUNTY OF URIC- 1 1 ss OOINN ,500_ �'� E 11E'J��1iiN1Ee� CL CLERK'S 1w1cATE I' _ VILLAGE CLERK OF THE VILLAGE OF LEMONT. 00 HEREBY CERTIFY THAT 'THIS SUMMON PLAT WAS PRESENTED TO AND BY RESOLUTION OR ORDER DULY APPROVED BY THE 80 OfTRUSTEES OF yM.LAGE AT ITS WEEM10 IE1D ON - AND THAT TIC GUARANTEE HAS BEEN l 6S1E0 FOR THE COMPLETION OF BOND OR OTHER IMPROVDADATS REQUIRED BY THE REGULA1ONS OF SAD VILLAGE. N WITNESS WHEREOF, 1 HAVE HERETOIEL MY HAND MD OF TH_E V OF LEMONT, LUNOIS, THIS DAY OF t#B NINA 200 , 1AL LAOS a YORK NAGE CERTFICA1 Sf4 UAW, . AS MORTGAGE �DpATEED 1 __ . OFFICE $ 2.7-264 T ILLINOIS DOES HEREBY DRAWN. DA MORTGAGEE. UNDER THE PROVISIONS O' A =TAN 2t>D�y AND RECORDED N THE Atco DtWs N BOOK AT PARE Al DOCUJIENT CONSENT TO WE IVISIDN AiD PLAT HEREON BY: ©1DbQiL 31 ATTEST: STATE OF 111401S COUNTY OF % J la PRE1DO1T SS A. V. 1~? 20 0 c6 1, 1. A Tr17-1/117164014/b, AjE A NOTARY PUDIC , AND %TL ME. SR. U fFO RESARD. DON 3tER O 1uRA& jflLF. PERSONALLY KNOWN TO ME TO BE THE SAW_ NOOK NAMES - TO THE FOREGOING INSTRUMENT AS TITLE: ArPsi.T5VS AND RESPECME LY, APPEARED WOK AE THIS DAY N PERSON AND • • " 117730 THAT THEY SOME, MD DEUVEiED THE SAD BISIRUMM7iT AS MEN OMAN , AND VOLUNTARY ACT OF SAD O Nbirp 4 FOR THE USES NO PUroE THERON pON FORM AND THE SAD TITLE: Ohl VY CD ALSO 1104 AND TICK ACiINOVIUMI E THAT IS CUSTODIAN 01 THE CORPORATE SEAL 10 SAD MSTRUMENT AS HIS/HER OWN AND VOLUNTARY ACT AND AS THE FREE AND VOLUNTARY ACT IF SAID CORPORATION FOR THE USES AND PURPOSES THEREIN SET FORTH. -- T1 GH L1(AaY NMID N v �-• O ARML SEAL THIS , NOTARY PUBUC COMMISSION EXPIRES DJ�1I 0 STATE OF IWNOIS NOIS COUNTY OF 1 SS SCHOOL DISTRICT(S) THIS iS TO CERTIFY THAT TO THE BEST OF MY KNOWLEDGE, 1, THE UNDERSIGNED, AS OWNER OF THE PROPERTY WHICH WLL BE KNOWN AS 'KRYSTYNA CROSSING` iS LOCATED WTHIN THE BOUNDARIES OF: ELEMENTARY SCHOOL DISTRICT: 113 HIGH SCHOOL DISTRICT: COLLEGE DISTRICT: COOK COON k S. D AWE PI E f R , 20 S8 DATED DAY OF BY: �a►� r L (OWNER) STATE OF LUNOIS COUNTY OF .if' 4E 1 ss SURFACE WATER DRAINAGE CERTIFICATE WE HEREBY CERTIFY THAT THE TOPOGRAPHICAL AD PROFILE STUDIES REQUIRED BY THE IWNOIS PLAT ACT, LL REV. STAT., CH.109, SEC. 1 ET. SEQ., AS NOW OR HEREAFTER AMENDED, HAVE BEEN FILED NM THE VILLAGE OF LEMONT. A MJNCPAL CORPORATION N COOK, DuPAGE. AND MILL COUNTES, LUNOIS AND THE CERTMiCATION AS TO DRAINAGE REQUIRED BY SAID ACT MADE THEREON. DATED THIS Z7I41 RAY OF ovemmeld ZENSEBYAMLEASENDLI 201L i�NS y -�� sri�'S�SSS.'rSrL "OFFICIAL SEAL" CHRISTINE M. McGRANE Notary Pub!ic, State of Illinois A".; Commission Expires 2 -21 -09 /i3 AUTHORIZED S 'THE CHARACTER OF THE EASEMENT SHALL BE MAINTAINED. THIS DISEASED, AND DANGEROUS TREES AND THE REPLAAtMENT OF THAT SUCH 'TREE REPLACEMENT 15 N ACCORDANCE WITH ACCfPTJITR� PRACTICES AS APPROVED BY THE VLJ_AGE NO L1VE, HEALTHY. PLANTS SHALL BE REMOVED EXCEPT AS SUCH REMOVAL IS N HORTICULTURAL AND FORESTRY PRACTICES AS APPROVED BY THE OR CONSTRUCTION OF SHEDS, PLAY EQUIPMENT, PATIOS. COURTS, CONSERVATION EASEMENT' NCIACES THE REMOVAL OF T ARE REMOVED. PTROVDED HORTICULTURAL AND FORESTRY • TREES AND UNDERSTORY ARAM ACCEPTABLE VLU)MSE. THERE SHALL BE NO GRADING ONSIMEAR ITEMS VATIN THE TREE EASEMENT 110 THE VILLAGE FOR DRAINAGE AND STORMIWATER DETENTION DECLARANT HEREBY SERVES AND GRANTS TO THE VLLAGE OF LEARNT EASEENTS N, OVER, UNDER, THROUGH AND UPON THOSE AREAS TED ON INC PLAT AS ' DRANAGE AND STO RMI ATER DETENTION EASEMiEN1 b.E.` FOR PURPOSES OF PROVIDING ADEQUATE SIORMWATER DRAINAGE TOGETHER VIM REASONABLE ACCESS THERETO. SAD EASEMENTS PERPETUAL AND SHALL RUN WITH THE LAND AND SHALL BE BINDING THE DECLARANT, ITS SUCCORS, HERS. EXEAJTORS AND ASSETS. ENSURE THE INTEGRITY OF THE STORMWA1E R FACILITES, NO OBSTRUCTION BE PLACED, NOR ALTERATIONS MADE, MCUJDNG ALTERATIONS N THE TOPOGRAPHICAL GRADING PLAN M ION N ANY MANNER IMPEDED OR STORVMIATER DRAINAGE OF DETENTION N. OVER, UNDER THROUGH SAID EASEMENT AREAS. N THE EVENT SUCH OBSTRUCTION OR AL FOUND TO EXIST, THE VILLAGE SHALL UPON SEVENTY -TWO (72) NOTICE TO THE PROPERTY OSIER. HAVE TAE RIGHT. BUT NOT THE PERFORM. OR HAVE PERFORMED ON TM LMNALE. THE REMOVAL OF OR ALTERATIONS OR TO PERFORM OTHER LEPAR. ALTERATION OR MAY REASONABLY BE t NAY TO D 14AT AB EQUATE STORM DRAINAGE. DETENTION MD RICH FACIUiSES MD THERETO REMAIN FULLY CPERAINBLAL AND MAT ME OONDI ION EM,MERT COMPLIES MEN ALL E NuA cE CODES. #4 DA ICY MAIM, AS DEff p BY IN *LIRE. DIE NOUNS PRA MICE #EGJMEmfT SET KRIM MOVE *4M NOT MINE IN ALL INK THE NGfT. OUT KR' >lE PVTTf: ID PIRA TD THE POMMY MM. PRIOR , TO MSiRUCRON AS HID STORAGE. IM NE NE M LL 411 WANE DRAINAGE OF AN no (72) T4 AND BE NOTICE R/./1/05 /4.#4;dLow, 111111111111001! 111 Doc #: 0919046141 Fee: $194.00 Eugene "Gene' Moore RHSP Fee:$10.00 Cook County Recorder of Deeds Date: 07/09/2009 03:36 PM Pg: 0 THIRD STATE OF 1.LIii015 II SS OK COUNTY OF CO OWNER'S CERTIFICATE (TRUST) STANDARD BAN( MID TRUST COMPANY DOES HEREBY CERTIFY THAT IT IS THE iRUSTEE OF TRUST N0. 20017 DATED JULY 20, 2007 AND AS SUCH 'TRUSTEE IS THE OSIER OF THE PROPERTY DESCRIBED N THE CAPTION W THE PLAT HEREON CRANIA NO THAT ITS BEEi1CIARY HAS CAUSED THE PROPERTY HEREON DESCRIBED TO BE SURVEYED AND SUBDIVIDED AS HEREON SHOWN. AS DIRECTED BY ITS BENEFICIARY, 1RUSIEE TIMMY EXECUTES THIS PLAT AS 115 FREE MD VCLINTARY ACT AND DEDICATES FOR PUBUC USE THE LANDS STERN ON MIS PLAT, THOROUGHFARES. STREETS. ALLETs. NANoTATS AND INCWOING BUT NOT UNITED PUBLIC SERVICES, GRANTS THE TELEPHONE, CAS. ELECTRIC MID ANY OTHER PUBLIC OR PRIVATE UTILITY EASEMENTS AS STATED PAD MOEN ON THIS PLAT; NO °RANTS ND DECLARES THE SiORM WATER ORANA(E NO ETENTION MEMOS AS STATED AND SHOWN ON THIS PLAT. TRUSTEE FURTHER CERTIFIES THAT ON INFORMATION AND BELIEF, TREK ME NO UNPAID DEFERRED TIISTALUADITS OF OUTSTANDING UNPAID SPECIAL NI AFFECTING 11E LAND MONIED MO SHOWN ON THIS 1111DINISEM PLAT OR E SAD INSTALLMENTS ARE NOT FAD, THEN SUCH IRSiATURNIS HAVE E®1 CR *1. NE DIVIDED N ACCORDANCE WITH THE ilBXMS40N AND APPROVED BY THE COURT MON CONFINED THE SPECIAL ASRSF! LMT MO THE PROPER COLLECTOR QF_ANY 111014 MGM ASS WT I4AS M SUCH OMEN ON TIC s� OF i IS /UDiMlON PLAT. THiS DOCUMENT 16 OtHIED NY $TAI M E O TRUST COMPANY, NOT PE TIONMLY OUT E UiDEt MIXT ND. 20017 AS AFORESAID, N THE EXORCISE OF POSER AND AUTHORITY OOIFDNED UPON AND RESTED N SAD TusTE As SUCH. AND IT IS EXPRESSLY UNDERSTOOD MD AGREED THAT MISS N SAID DOGUMEMT CONTAINED SHALL BE CONSTRUED AS CREATING ANY UABUTY ON SAD TRUSTEE PERSONALLY TO PAY PAY INDEBTEDNESS ACCRUING THEREUNDER. CR TO PERFONA ANY COVENANTS, OTHER DOPED OR iPLED. IK.Ti QING BUT NOT LISTED 10 WARRANTIES. INDEIMICAT1ONS, AND HOLD HARMLESS REPRESS VITA N SAID DOCUMENT (ALL SUCH LIABILITY F ANY. S �EXPRESSLY MAW BY THE Pli� HERETO AND TIER RESPECTIVE AND ASSIGNS) S1HAT SO AS SAID TRUSTEE IS CONCERNED, THE OWNER OF ANY .mmE OR RIGHT ACCRUING UNDER SAID DOCUIENT SHALL LOOK SOLELY TO THE PREMISES DESCRIBED THERE FOR THE PAYMENT OR ENFORCDAENT THEREOF, jT BEING UNDERSTOOD THAT SAD TRUSTEE MERELY HOLD LEGAL 'TITLE TO THE P 5 DESCRIED THEREIN AND HAS NO CONTROL OVER THE MANAOOrENT THEREOF OR THE INCOME THEREFROM, AND HAS 110 K NOVILEDGE IESPECTNNG ANY FACTUAL MATTER WTH RESPECT W SAD PREMISES. EXCEPT AS REPRESDFIED TO R BY THE BENEFICIARY OR BD4EFIQMRIF'S OF SAID TRUST. N THE EVENT OF CONFLICT BETWEEN THE TERMS OF THUS PER01ASION AND OF THE DOCUMENT TO WISH IT IS ATTACHED, ON ANY QUESTIONS OF APPARENT UAPUTY OR MOANS RESTING UPON SAID TRUSTEE. THE PROVISIONS OF THIS PROVISION SHALL E CONTROL'S. DATED AT HICKORY HILLS, IWNOIS ON 'MS Til DAY OFJh "eM IeiC , 2008. STANDARD BANK AND TRUST COMPANY NOT PERSONALLY BUT AS TRUSTEE AS AFORESAD 7800 W. 95TH STREET HIO(WRY : 0060457 STATE OF LUNOIS 1 1 S.S. COUNTY OF 0001( L e AfneLAS. �p TARRY NAND FOR SAD MAD y TE. DO a a : • , • • a THAT ' 1 Qi u't. ilalpA sv .., fir/$0v O /� ii - ' „40 •L TO . OF STANDARD BANK AND TRUST COMPANY. BOTH ' a �' ALLY 4�e TO IRE TO 8E THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO TIE FOREGOING INSTRUMENT, APPEARED BEFORE ME THIS DAY N PERSON AND ACKNOWLEDGED THAT THEY SIGNED SAID INSTRUMENT AS THER OMAN FREE AND VOLUNTARY ACT AND AS THE FREE AND VOLUNTARY ACT OF SAD STANDARD BAN( AND TRUST COMPANY NOT PERSONALLY BUT AS TRUSTEE AFORESAID FOR TNC USES ! D THEREIN SET FoR1H, AND SAID )C4.# t �- _ _ _GAL %JJ AS GJSTOgM1 OF THE CORPORATE SEAL OF SAID STANDARD BANK ANU TRUST COMPANY 0D THEN AND THERE AFFIX SAID SEAL TO SAID INSTRUMENT AS THEIR OWN FREE ND VOUJNTARY ACT AND AS THE FREE AND VOLUNTARY ACT OF SAD STANDARD BAIL( AND TRUST COMPANY NOT PERSONALLY BUT AS TRUSTEE AFORESAID FOR TiE USES AND PURPOSES THEREN SET FORTH. O a ' ' • HAND MID NOTARIAL SEAL THIS %A DAY OF 200, STATE OF t I.NOIS COUNTY OF 1 SS 1 :!- •3 :4 7 INS IS TO CERIj4 AT L I SURVEYOR N0. -r T` ►• KISMI ED PROPERTY: "OFFI('IAI. SEMI." VIRGINIA M. LUKOMSKI Notary Public, State of Illinois My Comrtxsson Expires Nov.10, 2011 REGISTERED ILLINOIS LNID NAVE SURE= AND NIADIVEED 1141 FOLLOWING MINt THE VEST /RA0 FEET OF 1HE NORM 54100 iiET 11E NRU4 HALF OF THE EAST HAW OF 111E EAST HALF OF THE NORiRBST QUARTER P 11E IIaIDNETr WAR= OF *COON 37. SIP 37 IOM RANCID 11 EAST OF THE i ND MORI ENNA N Ml( MN% N/SE► HMO NOWA= 1IAT PART 1MiEI FM HOAR 1RMAE3 D NONNI MUMS PIED I TIE NO111 MUM FEET OF TIE EAST 172.811 FRET E TIE INN NW OF THE EAST WOE 1E EAST NALF OF TIE NORINEST GUMS OF 11E N IMIMEST QUARTER OF SEMI 33, Now 37 NOR1I, RIME 11 EAST OF THE TIED MOM NNW M COOK COUNTY, IIINOIS, DOPING KREFRW THAT PART TALENT FR ROAD PURPOSES BY DOCUMENT 0427244046. PARCEL THE NORTH IMF OF THE EAST HALF OF THE EAST HALF 01 THE NORNIMEST QUARTER OF 1E NORAIEST GiM R (EXCEPT THE EST 150.00 FEET OF If NORTH 548.00 FEET AND THE NORTH 125.00 FEET CF THE EAST 17258 FREER) OF SEC'TION 33,MOP 37 NORTH, RANGE 11 EAST OF THE DM PRIE M. KRONN, M COO( 011M,111101. PARCEL 4: it EAST NMF CIF THE EST HALF OF THE EAST IWF O 1E WORMIEST QUARTER OF THE NO »HEST QUARTER (F SECTION 35 TOWN. 37 NORTH, RANGE 11 EAST OF NE THIN DRAWL 'KRONA', A', N COOL( COUNTY, LUPUS. OWING THEREFROM THAT PART TAKEN FOR ROAD PURPOSES BY DOCUMENT 0427244044. PARCEL 5: THE EST QUARTER OF if EAST HALF OF 1E NORIIMEST QUARTER OF THE HORNIEST OU R1ER OF SECTION 31 MOW 37 NRTN, RMIGE 11 EAST OF THE TRIO MOW W ME NIML N COO( COUNTY. 112405. DEWING MEiiECU THAT PART iNEN FOR ROAD PURPOSES BY SCOUR 0416130028. AS SHOWN ON THIS SUBDIVISION PLAT. INCH iS A CORRECT REPRESENTATION OF SND SURVEY AND SUBDIVISION. ALL DISTANCES ARE SHOWN N FEET AND DECIMALS THEREOF. I FURTHER CERTIFY THAT ALL REGULATIONS ENACTED BY 1HE BOARD OF TRUSTIES OF THE VILLAGE OF LEMONT, A MUNICIPAL CORPORATION N COOK, DuPAGE AND TAU. COUNTIES, M1NOS, RELATIVE TO PLATS AND SUBDIVISIONS HAVE BEEN COUPLED MATH N THE PREPARATION OF THIS PLAT. I FURTHER CERTIFY 'THAT NO PART OF THE PROPERTY COVERED BY THIS PLAT OF SUBDIVLSION IS LOCATED *THIN A SPECIAL FLOOD HAZARD AREA AS DENTFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY AiD 'THAT NO PART OF SAD PROPERTY BORDERS ON OR INCLUDES ANY PUBUC WATERS N WHICH TiE STATE OF 1114016 HAS ANY PROPERTY RIGHTS OR PROPERTY INTERESTS. I FURTHER CERTIFY THAT THIS SUBDIVISION WHTHIN THE CORPORATE LIMITS OF SAD VILLAGE OF LEMONT OR 1MTHN 1 -1/2 MILES OF THE CORPORATE LIMITS OF S*JD VILLAGE, INCH HAS ADOPTED A CITY PLAN AND IS EXERCISING THE SPECIAL POWERS AUTHORIZED BY DIVISION 12 OF ARTICLE 11 OF NE IWNOIS MUNICIPAL CODE, AS NOW OR HEREAFTER AMENDED. FURTHERMORE, I OESNNUTE THE VILLAGE OF LEMONT TO ACT AS MY AGENT FOR THE PURPOSES OF RECORDING THIS DOCUMENT. GIVEN UNDER MY HAND AND SEAL AT IWNOIS, THIS 13 DAY OF t tor tAtff' This plat has been approved by the Cook County Highway Department with icspect to roadway access pursuant to 765 ILCS 2092. However, a Highway Permit, conforming to the standards of the Cook County Highway Department is required by the owner of the property for this access. Cook County Superintendent of Highways aj I DO NOT FEED ANY DELINQUENT GENERAL TAXES UNPAID CURRENT GENERAL., TAXES DELINQUENT SPECIAL ASSESSMENTS OR UNPAID CURRENT SPECIAL ASSESSMENTS AGAINST INC TRACT OF LAND IN THE ABOVE PLAT., DATE ? -U COUNTY CLERK LAIC SURVEYORS 12S355 I,EMONT RD. LEMONT, ILUNOIS 60439 PHONE: (630) 739 -0707 FAX: (630) 739 -6080 CHICAGO MEMO AREA: PHONE: (773 561 -9477 E -MAIL: GE CAST.NET of /go K/g/ ZoF� GATE ? 011 PREPARED FOR: FE N89'43'11 "E MEAS.= 663.08' N, 4, C3O FINAL PLAT OF KRYSTYNA CROSSING SUBDIVISION NORTH LINE OF NW 1/4 OF SEC. 33- T37N -R11E OF 3rd P.M. REC.= 165.25' MEAS.= 165.77' O R sET F �• N CONCRETE - t7 FEET EXCEPTION TAKEN FOR ROAD'pURPOSES eY DOCUMENT NUMBER 04237244044 & 0416139028 /N89'43'1 2 "E 12 N89'43'1 2"E REC.= 165.25 MEAS. = 165.77 -- HEREBY DEDICATED FOR PUBLIC ROADWAY - REC.= 662.08' 0 102.11' 10 FT PU & DE 40 FT SETBACK LINE LOT 7 LOT AREA= 14.667 SO Fy 4 155.00' 10 FT PU & DE 40 FT SETBACK UNE LbT 8 a. LOT AREA= 473 .l ; 13.457 SO FT C 4. -V rl -.TIAp J b A it d' NOI1VA213SNO0 1J 0£ •'\ m e4 co X ef Z ▪ LOT 6 LOT AREA= 12,570 SO F 15 FT SETBACK LINE mo 10 °0. N 8 1 So z z ti Sg •50' W T3TT PU & DE 123.2 75 FTPUiDE 15 F r SE TBACK LINE LOT 5 LOT AREA= 12,587 SO FT 15 FT SETBACK LINE 30d 13 01 ,001-6 1N3r13SY3 NOIIVA213SNO0 13 co O O 0 N011VA2i3SN0O 13 0£ O L X54.83. Rrs6p.00, tV t =2.72' o R■60.00' U g N 9507-1--- '50' 75 FTPU &DE 75 FTPU &DE N I 15 n SETBACK UNE LOT 4 LOT AREA= -4 - 12.512 SO FT 15 FT SETBACK LINE N89'50` "E 7 5 FT PU & DE 133.0 75FTPU &6& N I CO m 1 c 0 • ,0 0 3N 15 FT SETBACK LINE LOT 3o 1*-% r r* LOT AREA= 12,508 SO FT 15 FT SETBACK LINE N89' N89Sorgir 75 FTPU &- DE 8 C7 c r, NOI1VAtl35M3 1J 0£ m z 1!. s� T33.04' z s FT Pu & DE 15 FT SETBACK LINE LOT 2 LOT AREA= 12,504 SQ r 1 N 25 FT SETBACK UNE 15 FT PU & DE .0 NN S89'50'56 "W 1 133.00 3300' S89'50'56'W 165.99' 33.00' N89'50'56'E I 132.98' to 0 0 c m 1N3rI3SY3 NOIlYAd3SNOO 1----- 15 FT PU & DE 25 FT SETBACK LINE 3N11 )13Y813S 13 0£ LOT 1 LOT AREA= 13,017 SQ FT 15 FT SETBACK UNE N8950'56 "E 134.50' 3NI1 )10V913S 1i SZ g 7.5 FT PU & DE (1) 0 O (s3. -4 CP rn N 33.00' N 2 fV d 74.40'10 FTPU &DE / 40 FT SETBACK LINE 9 LOT 9 LOT AREA= 16,226 SQ FT .d- �YN CC 4' CO rn rn 4- 33.00' -- 0 W 41 i,, 4 r4 , r j m 0_ ch w W =o V c-4 v r+3. LOT 27 OPEN SPACE P STORMWATER DETENTION BASIN o o TO BE DEDICATED TO 2 0 VILLAGE OF LEMONT AREA: 23,193 SO FT OR 0.5324 ACRE 138.35' 66.02' 0 o, 4' 1 1 8 -., ▪ LOT 10 r?, 4,-7 LOT AREA= 12,693 SO F T 1 15 FT SETBACK LINE 1 ' 589'13'12 W 9.). 75 FT PU & DE 75 F1 3NI1 NOY81 11 SZ 3r1 F1 SETBAl' LINF LOT 11 LOT AREA= 12,568 SO FT 25 FT SETBACK LINE cfr.- 93.00' 15 r FT PE MEAS.= 663.08' -STREET- 159.00' EAST LINE OF THE WEST 159 0 FT OF THE NORTH 1/2 �! OF THE EAST 1/2 OF THE EAST 1/2 OF THE NW 1/4 V OF THE NW 1/4 OF SEC 33- T37N -R11E - -- 17 FEET EXCEPTION TAKEN FOR 467.89' 10 FT PU DE 136.38' 1 3.1!C,L0,12IIS 3N11 ■0V813S 13 OC 40 Ft SETBACK LINE LOT 14 N N LOT AREA= 17,047 SO FT 15 FT SETBACK LINE Frl 7 5 FT PU & DE N89'43'1 E 7.5 FT PU & DE 134.8" 15 FT SETBACK UNE LOT 13Q LOT AREA= 14,910 SO FT 68 a: 4*,, r 4 f: I15 FT SETBACK LI- 14I P' 75 FTPU &DE 74.16' & ftE 113.46' ✓ } it $ TBACK LINE W = LOT 12 to LOT AREA= is.- 12,726. SQ FT co 25 FT SE':ACK LINE & DE S89'43'1 0.1V 428th 33.011 8.78' 180.81' 4 q04 141 Doc#: 0919046141 Fee: $194.00 Eugene "Gene" Moore RHSP Fee:$10.00 Cook County Recorder of Deeds Date: 07/09/2009 03:36 PM Pg: 0 REC.- 172.58' MEAS.= 172.54' ROAD PURPOSES BY DOCUMENT NUMBER 04237244046 \/ N89'43'1ZIL 129.15 ` -I 66.00' 129.15' N N J Pg w co _ ('4 A -0: t0 7 m m m 0 O 00 V 2 EC. =172.l' O (o w ‘• 40 FT SETBACK LINE 115 CD LOT AREA= M 13,073 SO FT 2 15 FT SETBACK LINE r.r, 7.5 FT PU & 0 DE N89'56'46"W 4 h 4 42 ti eV cr 589'43'10 "W HEREBY DEDICATED 103.65' 15 FTPU &DE I 25 FT SETBA!t UNE N al. a. N_ ti LOT24 t' LOT AREA= 12.968 SQ FT 15 FT SETBACK LINE N CY 1b m S89'51'28 "W 7.5 FT PU & DE 103.62' 7.5 FTPU &DE 15 FT SETBACK LINE 3NI1 NOY3135 13 SZ LOT 25 LOT AREA= co 12,620 SQ. FT v r r, II ti 75 FTPU &DE 15 FT 'TBACK LINE LOT 16 LOT AREA= 12,702 SO FT 75 FT 15 FT SETBACK LINE N. '11' Pu & 146.47 15 FT SETBACK LINE LOT 17 LOT AREA= 13,950 SQ FT 15 F7 SETBACK LINE Ir '1 "E 86.6175F7PL'8, DE 30 FT SETBACK LINE 47;-. LOT 18 LOT AREA= 1,3,374 SO FT r 25 FT SETBACK LINE 15FTPU &DE 388.14' FOR PUBLIC STREET S89'4' '10 "W 90.00 I5FTPU &DE THI `; UN 2� F 1 SI 1E,•a t* I LOT-23 rn J • y ft* 0 SR m�15 FT SETBACK UNE N89'50'27 "E 15 FT PU & 11 DE ' L2T APEA- r 13414f S_ F I 30' FT SETBACK LINE 158400' 30 YR ftd 13 SZ V (.4 0 1' I1PU &DE 61.36' Cn 0 N rn v rn w 132.23' LOT 26 OPEN SPACE STORMWATER DETENTION BASIN TO BE DEDICATED TO 2 VILLAGE OF LEMONT 8 AREA: 24,759 SQ FT OR 0.5683 ACRE 128.13' LINE LOT 28 OUTLOT, - "A" AREA: 124,131 SQ FT OR 2.8497 ACRES (LOT TO BE DEVELOP IN THE SECOND FACE) REC.= 165.25 MEAS.=-165.48. REC.= 165.25 UEAS.= 165.48' S89'50'211 330.95' SOUTH LINE OF NW 1/4 Cr NW 1/4 Cr SEC. 33- T37N -R11E OF 3rd P.M. 0) 0) (r O • 4 I 0 0 355.23' 90.00' 15 FT PU & DE 7.5 FT OS2SE L =1.26 1.535030 .880220' '7SF7pU &� L= . N8p '77 r W 58''43'10 'W R = 3 . 16 L= 52.32• 51.57 STREET R=300.00' N801 7'45'W 3NI1 7gv813S 13 St 3NI1 )OY813S 13 O£ 3NI1 )I0V813S 13 OC H 30 FT sneAcvuNr---- LOT 19 LOT AREA= 2 12,597 SO FT 25 FT a-TBAcK LINE o HE NORTH 548 00 FEE T- -� 25 F I .5116,c.-, opt LOT 22 LOT AREA= *, 13,500 SQ FT 30 F 151 Tf,A.. 1 IN! 15 FTPU DE /\Z--- 15 90.00' 0 g. �`►1PL ♦Cf 2., F 1 Si ibA -■ Lid I RI:2466i.5070'' N8056:371-2.P°:67: 1A K s LOT21 k LOT AREA -: 13,49+ ,L F T FT SETBACK UN( 15 FT PU & DE 90.00' 75 f LOT AREA-- 12.851 SO F T 30 El SETBAC• Ltd 90.00' S89.43)1 2"W 331.36' 5 >t!TH LINE OF THE N 1/2 OF THE E 1/2 OF THE E 1/2 OF THE NW 1/4 OF THE NW 1/4 OF SEC 33- 1.37N-R1IE 50 0 TYPICAL LOT (UNLESS OTHERWISE SHOWN) LOT 4 15 FT SETBACK LINE CD O 0 133.08' 7.5 FT I`U & DE 15 FT SETBACK LINE LOT 3 LOT AREA= 12,508 SQ FT 15 FT SETBACK LINE 3N11 )i:)V813S 13 SZ 15 FT SETBACK UNE LOT 2 GRAPHIC SCALE 245=10 100 200 Op rrile SET IP TY .s no%