O-30-06 05/22/2006VILLAGE OF LEMONT
ORDINANCE NO. 0 3c- o f'
AN ORDINANCE AMENDING THE ROLLING MEADOWS'ANNEXATION
AGREEMENT (ORD# 988), APPROVED ON THE 10TH DAY OF JUNE, 1996 TO
REMOVE THE PROVISION FOR THE RESERVATION OF LOT 5 FOR A
CONNECTING STREET
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 22'"D DAY OF MAY, 2006.
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lomont, Cook, Will and
DuPage Counties, Illinois, this
22od day of May, 2006.
ORDINANCE NO. 6-3o- o 6
May 22, 2006
AN ORDINANCE AMENDING THE ROLLING MEADOWS ANNEXATION
AGREEMENT (ORD# 988), APPROVED ON THE 10TH DAY OF JUNE, 1996, TO
REMOVE THE PROVISION FOR THE RESERVATION OF LOT 5 FOR A
CONNECTING STREET
WHEREAS, John and Pat Jurinek, of New Horizon Homes, Inc. are the contract owners
of the territory which is the subject of the Amendment to the Rolling Meadows Annexation
Agreement, are ready, willing, and able to enter into said Agreement, and
WHEREAS, Ordinance #988, an ordinance authorizing the annexation of territory
known today as Rolling Meadows Subdivision, was approved by the Lemont Village Board on
the 10th day of June, 1996 and amended on the 10th day of June, 2002; and
WHEREAS, Article 3, Section B of the Annexation Agreement provides for the
reservation of Lot 5 for the possible construction of a connecting street; and
WHEREAS, a connecting street has been constructed to the west of Lot 5, rendering the
reservation of the lot for such a street redundant; and
WHEREAS, the owner of said property has requested the removal of said stipulation; and
WHEREAS, the Village of Lemont staff has verified that water and sewer have been put
on to Lot 5 as requested; and
WHEREAS, the Village Board of Trustees has determined that the reservation of Lot 5 is
no longer necessary;
NOW, THEREFORE, BE IT ORDAINED, by the President and Board of Trustees of
the Village of Lemont, Counties of Cook, DuPage, and Will, State of Illinois, as follows:
Section 1: All terms and conditions of said Annexation Agreement, approved by the
Lemont Village Board on the 10t day of June, 1996 as Ordinance #988, and amended on the 10`h
day of June, 2002 via 0- 31 -02, will remain the same with the exception of the following:
The sentence, "With respect to Lot 5, a covenant will be recorded to provide that
for twenty years from the date of this Agreement, the owner of Lot 5 will not
unnecessarily withhold consent to the construction of a street across Lot 5 in the
event that a connecting street is constructed to the west of Lot 5" shall be struck
from Article 3, Section B.
Section 2. That this ordinance shall be in force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE,
ILLINOIS, on this 22 "d day of May, 2006.
AYES NAYS PASSED ABSENT
Debbie Blatzer
Peter Coules
Clifford Miklos
Brian Reaves
Ron Stapleton
Jeanette Virgilio
APPROVED by me this 22 "d day of May, 2006.
JOHN F. PIAZZA, Village President
ATTEST:
CHARLENE M. SMOLLEN, Village Clerk
G: \COMMUNITY DEVELOPMENT DEPT\CASE FILES120011Rolling Meadows partial\2nd Amend RM AnxAgme.wpd
05/01/2006 11:16 FAN 312 540 1162
BOODELL & DOMANSKIS. LLC Z002/014
LAW OFFICES
BOODFLL & DOMANSKIS, LLC
205 NORTH MICHIGAN AVENUE
SUITE 4307
CHICAGO, ILLINOIS 60601
312 - 938 -4070
Alexander R. Domanskis
Telephone: 312- 938 -4060
Fax line: 312 - 540 -1I62
domanski s @b o o dl aw. com
May 1, 2006
VIA FACSIMILE
J ames Brown
Community Development Director
Village of Lemont
418 Main Street
Lemont, IL 60439
Re: Amendments to Rolling Meadows of Lemont Annexation
Agreement with regard to Lot 5
Dear Mr. Brown:
I am following up on our telephone conversation of Friday, April 28, 2006
regarding the referenced. Pursuant to the Village of Lemont Ordinance Number 988, an
Annexation Agreement was adopted for Rolling Meadows of Lemont on June 10, 1996. I
am enclosing a copy of the ordinance Number 988 and the first six pages of the
Annexation Agreement. In Article 3, Section B of the Annexation Agreement, Lot 5 was
reserved for the possible construction of a street in the event that a connecting street is
constructed to the west of Lot 5. On behalf of Jurinek & Riskus, Inc., the owner of this
Lot, am requesting that this covenant restriction be released as a connecting street has
already been built to the west.
I have also enclosed a July 29, 2005 letter of Ben Wehmeicr of the Village of
Lemont which in Section 2 states that the Village of Lemont staff concurs that Lot 5 may
be released. I have verified with my clients that sewer and water have been put on to Lot
5. I request that this matter be put on the Village of Lemont Village Board's agenda for
approval of an amendment to the Annexation Agreement limited solely to the deletion of
the second sentence in Article 3, Section B.
05/01/2006 11:17 FAX 312 540 1162 BOODrLL & DOMANSKIS.LLC
Mr. James Brown
May 1, 2006
Page 2
Please let me know if there is anything additional that you need from me with
regard to this request or if you have any matters that we need to review. Thank you for
your time and attention to this matter.
Very truly yours,
/IV/ 6e./ 6"711 o)
Alexander R. Domanskis
ARD:mkc
Enclosure
Cc: Patricia Jurinek
[7J003 /014
)4
05/01/2006 11:18 FAX 312 540 1162
BOODELL & DOMANSKIS,LLC
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this
day of J 1996, by and between the VILLAGE OF LEMONT, a
Municipal corporation of the Counties of Cook, DuPage and Will, in
the State of Illinois (hereinafter referred to as "VILLAGE "), and
JURINEK & RISKUS, INC., an Illinois corporation, which is the
beneficial owner of STANDARD BANK AND TRUST COMPANY LAND TRUST NO
15097 and STANDARD BANK AND TRUST COMPANY LAND TRUST NO. 15097,
0]007/014
fob
(hereinafter referred to as "OWNER "). The VILLAGE and OWNER
herein
collectively referred to as "the Parties ".
W I T N E S S E T H:
VILLAGE is a Municipal Corporation of the State
in full force and effect various Ordinances and
relating to the development of real estate
WHEREAS,
of Illinois and has
Amendments thereto
are
including, but not limited to, a Zoning Ordinance, Subdivision
Ordinance and Building Code; and
WHEREAS, OWNER is both the beneficial owner and legal
record owner of the real estate (hereinafter referred to as
"TERRITORY "), the legal description of which is attached hereto as
Exhibit "A" and by this reference is made a part hereof; and
WHEREAS, OWNER has submitted to the VILLAGE a petition
for annexation; and
WHEREAS, OWNER intends to develop the TERRITORY
in
conformance with the preliminary plat prepared by Intech
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BOODELL & DOMANSKIS,LLC 0008 /014
Consultants, Inc. dated June 30, 1994 labeled Exhibit "B ", which
is attached hereto and by this reference is made a part hereof; and
WHEREAS, the Parties hereto desire the TERRITORY when it
becomes contiguous to the VILLAGE to be annexed to the VILLAGE on
the terms and conditions hereinafter set forth; and
WHEREAS, OWNER and VILLAGE agree that they will be bound
by the terms of this Annexation Agreement whether or not the
TERRITORY becomes contiguous to the VILLAGE so that the TERRITORY
will be allowed to make water and sewer connections to the VILLAGE
before Annexation provided that OWNER agrees to annex the Territory
upon becoming contiguous to the VILLAGE; and
WHEREAS, the VILLAGE desires to extend zoning, building,
health and other municipal regulations and ordinances over the
TERRITORY, thereby protecting the VILLAGE from possible undesirable
or inharmonious use and development of unincorporated areas
surrounding the VILLAGE; and
WHEREAS, the new boundaries of the VILLAGE OF LEMONT,
resulting from this annexation when the Territory becomes
contiguous to the Village shall extend to the far side of every
highway and shall include all of every highway so annexed; and,
WHEREAS, the Parties desire, pursuant to 65 ILCS 5/11 -15-
1 to enter into this Agreement with respect to annexation of the
TERRITORY and various other matters; and
WHEREAS, OWNER constitutes all of the persons and
corporations having an interest in the development thereof and
there are no electors residing on the TERRITORY; and
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BOODELL & DOMANSAIS.LLC Z009/014
WHEREAS, the TERRITORY consists of approximately 76 acres
located south of 127th Street and east of Smith Road, in
unincorporated Lemont Township, Cook County, Illinois; and
WHEREAS, the TERRITORY is not now within the corporate
limits of the VILLAGE or any municipality, and may be annexed to
the VILLAGE in conformance with Article 7 of the Illinois Municipal
Code; and
WHEREAS, the Corporate Authorities of the VILLAGE, after
due and careful consideration, have concluded that the annexation
of said real estate to the VILLAGE on the terms and conditions
hereinafter set forth would further the growth of the VILLAGE,
enable the VILLAGE to control the development of said TERRITORY,
and enhance and promote the best interests of the VILLAGE; and
WHEREAS, pursuant to the provisions of 65 ILCS 5/11 -15.1-
1 et seq., the Corporate Authorities of the VILLAGE have held a
public hearing on this Annexation Agreement in the manner required
by law and have held all other public hearings including Plan
Commission hearings and all other actions required to be held and
taken before the adoption of this Agreement in order to make the
same effective, including all hearings required in connection with
the zoning provisions of this Agreement. All requisite hearings
have been held pursuant to notice as required by law and in
accordance with all requirements of law, before the execution of
this Agreement.
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A00DELL & DOMANSKIS,L.LC 0010 /014
NOW, THEREFORE, for and in consideration of the mutual
promises and covenants of the Parties hereto, it is agreed by and
between the said Parties as follows:
ARTICLE 1. RECITALS
The Recitals are incorporated herein and constitute a
part of this Agreement.
ARTICLE 2. ANNEXATION
A. OWNER, has filed with the Clerk of the VILLAGE a
certain Petition in conformance with 65 ILCS 5, Article 7 of the
Illinois Compiled Statutes requesting annexation of the above -
described real estate to VILLAGE.
B. The VILLAGE agrees to pass upon filing of such
Petition or entry of such Court order as may be prerequisite, such
Ordinance or Ordinances in compliance with 65 ILCS 5, Article 7 of
the Illinois Compiled Statutes, as are or may be necessary to annex
said real estate and incorporate same within the limits of the
VILLAGE, said Ordinance or Ordinances to be passed as soon as
possible after the Petition is filed or Court order entered.
C. The Parties hereto acknowledge that the TERRITORY
may be annexed through the manner set forth in 65 ILCS 5/7 -1 -2. In
the event OWNER has made a good faith effort to voluntarily annex
the TERRITORY and the voluntary efforts have been unsuccessful, the
OWNER will file a Petition pursuant to Section 7 -1 -2 and the
o
VILLAGE agrees to promptly intervene in said case and fully
cooperate in annexing the TERRITORY. The OWNER and any other
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BOODELL. & DOMANSKIS,LLC
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cooperating petitioner seeking annexation shall pay the VILLAGE'S
costs and expenses related to such court intervention.
D. Subject to the provisions of 65 ILCS 5, Article 7 of
the Illinois Revised Statutes, the Parties hereto respectively
agree to do all things necessary or appropriate to cause the
TERRITORY to be validly annexed to the VILLAGE as promptly as
possible upon the execution of this Agreement.
E. The proposed plat of annexation of said TERRITORY is
attached hereto as Exhibit "C" and by this reference is made a part
hereof. Upon annexation, said plat shall extend the new boundaries
of the VILLAGE to the far side of any adjacent highway and shall
include all of every highway within the TERRITORY so annexed.
ARTICLE 3. ZONING AND LAND USE RESTRICTIONS
A. The VILLAGE agrees to pass within a reasonable time
after passage of the Ordinance or Ordinances annexing the TERRITORY
an Ordinance or Ordinances pursuant to the Zoning Ordinance of the
VILLAGE, to amend said Zoning Ordinance and to classify the
approximately 42 acres of residential and common area in the R -4
Single Family Detached District and to classify the approximately
34 acres of commercial area in the B -3 Commercial District as shown
on the preliminary plat (Exhibit "B "). Pursuant to the Ordinance,
the VILLAGE shall approve the preliminary plat (Exhibit "B ") and
the rezoning subject to completion of the necessary public utility
improvements to bring water and sewer to the TERRITORY. The
VILLAGE shall prepare and adopt Ordinances of Annexation, Approval
of this Annexation Agreeement and of Rezoning consistent with this
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Agreement. The areas for the R -4 and B -3 Districts are shown on
the preliminary plat attached as Exhibit "B" and are as described
below. OWNER may build this development in phases.
B. With respect to the single family detached portion
of the TERRITORY, the development shall consist of 119 individual
lots numbered one through one hundred nineteen and of Outlot A
including a portion of the TERRITORY which can be used for a church
or other similar use. With respect to Lot 5, a covenant will be
recorded to provide that for twenty years from the date of this
Agreement, the owner of Lot 5 will not unnecessarily withhold
consent to the construction of a street across Lot 5 in the event
that a connecting street is constructed to the West of Lot 5.
C. With respect to the commercial portion of the
TERRITORY, this parcel shall be classified in the B -3 Commercial
District subject to all requirements and restrictions as specified
in the VILLAGE Ordinances in existence on January 1, 1996. For the
commercial development, OWNER shall pay water and sewer connection
charges at rates established by the ordinances of the VILLAGE then
in effect, upon the approval of each final plat of subdivision
provided that OWNER shall pay the charges based on the VILLAGE's
ordinances presently in effect with respect to approval of any
final plat of subdivision for the TERRITORY within two (2) years of
the date of this Agreement. For the commercial development, OWNER
shall pay no land /cash ordinance charges for school, park and
library purposes.
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Village of Faith
Mayor
John F. Piazza
Village Clerk
Charlene M. Smollen
Trustees
Debby Blatzer
Peter Collies
Clifford Miklos
Brian Reaves
Ronald Stapleton
Jeanette Virgilio
Administrator
Gary C. Holmes
Administration
phone (630) 257 -1590
fax (630) 243 -0958
Building Department
phone (630) 257 -1580
fax (630) 257 -1598
Community Development
phone (630) 257 -1595
fax (630)257 -1598
Engineering Department
phone (630)257 -2532
fax (630) 297 -3068
Finance Department
phone (630) 257 -1550
fax (630) 257 -1598
Police Department
416 Main Street
phone (630) 257 -2229
fax (630) 257 -5087
Public Works
14574 127th Street
phone (630) 257 -2532
fax (630) 257 -3068
www.lemont.iIus
BOODELL & DOMANSKIS.LLC Z013/014
July 29, 2005
Alexander Domanskis
205 North Michigan Avenue
Suite 4307
Chicago, IL 60601
Dear Mr. Domanskis:
Village of Lemont
418 Main Street • Lemont, Illinois 60439
I am following up in response to your recent letter and other correspondence with
the Village concerning outstanding issues between the Village of Lemont and New
Horizons Homes, Inc. for the Rolling Meadows Subdivision. The Village's current
position follows concerning these outstanding issues.
1. Concerning the $10,000 cash posted in relationship to a detention area.
From the information I have found and discussed with other members of
Village staff, this bond also is being held for parkway trees as well as a light
pole that is currently leaning and in need of correction. Additionally, there
is the issue of the street lights as it relates to the Rate 23 and Rate 25 with
Com Ed, which additionally needs to be resolved. Upon completion and
certification of these items being complete, the cash bond will be released.
2. Staff concurs that Lot 5 may be released so that a home may be built on the
lot. Please verify that there is sewer and water service for this lot. Utilities
must be brought into the lot prior to its sale. Finally, this issue will need to
proceed to the Village Board of Trustees in order to amend the Annexation
Agreement, in order to allow this lot to be released.
3. The Smith Farms Subdivision Development will prepare the plat of
dedication to dedicate this area to the Village.
4. We have contacted Strand Associates, Inc. to determine a certified cost for
the recapture, with interest. Upon receipt of this information, we will
require Smith Farms to pay the amount required for recapture, to the
appropriate parties. You will need to help us calculate the recoverable cost
per PE based on the PINs listed in the annexation agreement. Remember,
you cannot recover more then what was actually spent by you on the project.
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ROODELL & DOMANSKIS,LLC 0014/014
5. Due to the outstanding issues for Public Improvements, Phases I, II, and III
can not be accepted by the Village at this time. Please contact the Village
Engineer, Jim Cainkar, once you believe the subdivision is ready for final
inspection, to include the resolution of the street lighting and tree issues.
Upon the recommendation by Jim Cainkar, a resolution will move forward
to the Village Board for acceptance of public improvements and your
deeding of the same to the Village.
Please contact me if you have any further questions or additional information that
may assistance in resolving these issues at 630- 257 -1593.
Sincerely,
VILLAGE OF LEMONT
Ben Wehmeier
Action Community Development Director.
C: Gary Holmes, Village Administrator
Jim Cainkar, Village Engineer