O-22-03 03/24/0311
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Eugene "Gene" Moore Fee: $90.50
Cook County Recorder of Deeds
Date: 04/24/2003 12:41 PM Pg: 1 of 34
ORDINANCE NO. 0 -22 -03
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED AND
RESTATED ANNEXATION AGREEMENT FOR APPROXIMATELY SEVENTY -SIX (76)
ACRES, GENERALLY LOCATED IN THE NORTHEAST CORNER OF 127TH STREET AND
SMITH ROAD EXTENDED, IN LEMONT, ILLINOIS
(Briarcliffe Subdivision)
ADOPTED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF LEMONT
THIS 24TH DAY OF MARCH, 2003.
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 24th day of
March, 2003.
ORDINANCE NO. r c —03
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED AND
RESTATED ANNEXATION AGREEMENT FOR APPROXIMATELY SEVENTY -SIX (76)
ACRES, GENERALLY LOCATED IN THE NORTHEAST CORNER OF 127TH STREET AND
SMITH ROAD EXTENDED, IN LEMONT, ILLINOIS
(Briarcliffe Subdivision)
WHEREAS, the Owners of Record and Contract Purchasers have filed the
necessary Petitions for Annexation and Amendment to an existing Annexation Agreement
and are ready, willing and able to enter into said Agreement and modification of an
existing Annexation Agreement and to perform all the obligations that may be required
therein; and
WHEREAS, a copy of the Amended and Restated Annexation Agreement has been
attached hereto and included herein; and
WHEREAS, the statutory procedures provided for in the Illinois Municipal Code
for the execution of said Agreement have been fully complied with.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees
of the Village of Lemont, Counties of Cook, DuPage and Will, State of Illinois, as follows:
Section 1. That the President be and is hereby authorized and directed, and the
Village Clerk is directed to attest to a document known as the "Briarcliffe Amended and
Restated Annexation Agreement" dated the 24tH of March, 2003, a copy of which is
attached hereto and made a part hereof.
Section 2. 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 PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE,
ILLINOIS, on this 24th day of March, 2003
John Benik
Debby Blatzer
Peter Coules
Connie Markiewicz
Steven Rosendahl
Jeanette Virgilio
Attest:
AYES NAYS ABSENT ABSTAIN
,1
J
Approved by me this al' day of M"'I'' , 2003.
JOHN ,A ZZA, Village 'resyde
CHARLENE M. SMOLLEN, Village Clerk
Approved as to Form by
JOHN P. ANTONOPOULOS, Village Attorney
H:\ORDINANC \LYNN'S \2003ORDS \BriardifeR d Annexation Agreement.rpd.
AMENDED AND RESTATED ANNEXATION AGREEMENT
Briarcliffe Estates — McNaughton Development, Inc.
ARTICLE TITLE
I Annexation
II Zoning and Restated Annexation Agreement
III Zoning and Land Use Restrictions
IV Final Plat Approval
V Required Public Improvements
VI Dedication and Construction of Streets; Sidewalks;
Miscellaneous
VII Easements and Utilities
VIII Notification Requirements
IX Contributions and Annexation Fee
X Modification of "Utility and Annexation and
Participation Agreement"
XI Development Codes and Ordinances and General
Matters
XII Development Standards
XIII Model Homes
XIV Subdivision Entrance Sign
XV Approval of Plans
XVI Notice of Violations
XVII Maintenance Guarantee
XVIII Damage to Public Improvements
XIX Binding Effect and Term and Covenants
Running with the Land
XX Notices
XXI Certificate of Occupancy
XXII Reimbursement of Village for Legal and Other Fees
and Expenses
XXIII Warranties and Representations
XXIV Continuity of Obligations
XXV No Waiver or Relinquishment of Right to Enforce
Agreement
XXVI Village Approval or Direction
XXVII Singular and Plural
XXVIII Section Heading and Subheadings
XXIX Recording
XXX Authorization to Execute
XXXI Amendment
XXXII Counterparts
XXVIII Curing Default
XXXIV Conflict between the Test and Exhibits
XXXV Severability
EXHIBIT TITLE
A Legal Description of Subject Properties
B Plat of Annexation of Subject Property
C Preliminary Plat of Subdivision
D Preliminary Engineering Plan
E Preliminary Tree Preservation Plan and Data Sheet
F Preliminary Landscaping Plan
G Side Yard Setback Matrix
H Briarcliffe Estates Subdivision Declarations of
Covenants, Conditions and Restrictions
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this 24th day of March, 2003,
between the VILLAGE OF LEMONT, a Municipal Corporation of the Counties of Cook,
DuPage and Will, in the State of Illinois (hereinafter collectively referred to as
"VILLAGE ") and Deborah Hill, Susan Hill, and Dr. David Nyberg, being the owners of
approximately two (2) acres which are not currently annexed to the VILLAGE but which
are contiguous, and Marquette National Bank, as Trustee under Trust Agreement dated
February 27, 1992 and known as Trustee Number 92 -2 -5, owners of approximately
seventy -four (74) acres which are currently annexed into the VILLAGE OF LEMONT,
(hereinafter referred to as "OWNERS ") and McNaughton Development, Inc., an Illinois
Corporation (hereinafter referred to as ( "DEVELOPER ").
WHEREAS, OWNER of the real estate referred to in the TERRITORY, the legal
descriptions of which is attached hereto as Exhibit "A ", was previously annexed pursuant
to an Annexation Agreement dated June 10, 1996 as Ordinance No. 987 and recorded as
Document No. 97730723 with the Cook County Recorder of Deeds, and the property
owned by Deborah Hill, Susan Hill and Dr. David Nyberg legally described in Exhibit
"A ", collectively shall be referred to as "TERRITORY"; and,
WHEREAS, part of the TERRITORY consisting of two (2) acres owned by
Deborah Hill, Susan Hill and Dr. David Nyberg 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 DEVELOPER of the existing parcel currently owned by
Marquette National Bank as Trustee under Trust Agreement dated February 27, 1992 and
known as Trustee Number 92 -2 -5, is desirous of Amending and Restating the previous
Annexation Agreement dated June 10, 1996 as Ordinance No. 987 and recorded as
Document No. 97730723 with the Cook County Recorder of Deeds; and,
WHEREAS, the OWNERS/DEVELOPER and VILLAGE agree that they will be
bound by the terms of this Amended 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,
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WHEREAS, the parties desire, pursuant to Chapter 65, Article 5, Section 11 -15.1 of
the Illinois Municipal Code, to enter into an Agreement with respect to Annexation of the
TERRITORY and various other matters; and,
WHEREAS, pursuant to the provisions of the Statute, the corporate authority of said
VILLAGE has duly fixed a time for and held a hearing upon the Amended 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.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
hereinafter contained, the parties agree as follows:
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I
ANNEXATION
1. Subject to the provisions of Chapter 65, Article 5 Section 7 of the Illinois
Municipal Code, the parties hereto respectively agree to do all things necessary or
appropriate to cause the TERRITORY to be validly annexed to the VILLAGE as promptly as
possible after the execution of this Agreement. Notwithstanding anything contained to the
contrary in this Agreement, the parties hereto further acknowledge that upon annexation, the
OWNERS shall not have any obligations or liabilities under this Agreement,
all undertakings hereunder being undertakings and obligations solely of - DEVELOPER.
2. 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.
II
AMENDED AND RESTATED ANNEXATION AGREEMENT
The Title Holder, Marquette National Bank, as Trustee under Trust Agreement dated
February 27, 1992 and known as Trustee Number 92 -2 -5, pursuant to an Annexation
Agreement dated June 10, 1996 as Ordinance No. 987 and recorded as Document No.
97730723 with the Cook County Recorder of Deeds, is desirous of amending and restating
the previous Annexation Agreement and in its place this Agreement shall supercede and
replace, revoke and amend the previous Agreement in its entirety.
III
ZONING AND LAND USE RESTRICTIONS
1. Upon the Annexation of the TERRITORY to the VILLAGE, the parcel shown
in the attached as Exhibits shall be classified under the existing Zoning Ordinance No. 0 -25-
99, as amended, as a Planned Unit Development (PUD) with R -4 Single Family Detached
Residence District (69.5 acres) and B -3 Arterial Commercial District (6.5 acres) with the
following variations from the Lemont Zoning Ordinance and the Subdivision Regulations:
a. The street right -of -way shall be 60' rather than 66' with the exception of the Smith
Road extension, which shall be 50' (Subdivision Regulation 2.02 -B);
b. Pavement width shall be 24'rather than 27' on the Smith Road extension south of
the pipeline (Subdivision Regulation 2.02 -C);
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c. The maximum depth of the detention basin shall be 8' at the structures and 6' at
the base of the slope rather than 4'(Subdivision Regulation 7.02- A.10);
d. The height of the fence at the entrance of the subdivision shall be 8' rather than 6'
(Zoning Code XIV.E.3); and
e. Single Family Residential side yard setbacks shall be a range of 11' to 14' rather
than 15' as detailed in Exhibit "G" and will be recorded on the final plat of
subdivision for each lot (Zoning Code Section VII.E.7.a.2.b)
Prior to the date of this Amended 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
OWNERS to cause the TERRITORY to be rezoned as R -4 District once the parcel is
annexed to the VILLAGE. The Village Zoning Board of Appeals conducted a public hearing
as necessary to lawfully grant said Zoning Classification on March 3, 2003.
2. The TERRITORY shall be developed in accordance with the Preliminary Plat
of Subdivision, prepared by Ives/Ryan Group, Inc and dated 03/12/03 attached hereto and
incorporated herein as Exhibit "C "; Preliminary Engineering Plan, prepared by Scott
Schreiner, P.E. of DesignTek Associates, Inc. and dated 02/2703; Tree Preservation Plan and
Data Sheet prepared by Ives/Ryan Group, Inc. and dated 03/12/03 attached hereto and
incorporated herein as Exhibit "D "; Preliminary Landscape Plan, prepared by by Ives/Ryan
Group, Inc. and dated 03/12/03 attached hereto and incorporated herein as Exhibit "E "; Side
Yard Setback Matrix, prepared by McNaughton Development and dated 02/24/03 and
incorporated herein as Exhibit "F "; and Declarations of Covenants Conditions and
Restrictions of Briarcliffe Estates, prepared by Shawn Hankins and dated 03/12/03 attached
hereto and incorporated herein as Exhibit "G."
3. Building Permits.
A. On or before 30 days after receipt of an application for a building permit
for construction of any buildings, or other improvements on the TERRITORY, the
VILLAGE shall either issue a permit authorizing such construction, issue a permit
authorizing such construction subject to satisfaction of specified conditions consistent
with the terms of this Agreement, or issue a letter of denial of such permit specifying
the basis of said denial by reference to the provisions of the VILLAGE'S Building
Code applied in accordance with this Agreement, which the subject construction would
allegedly violate. If the VILLAGE conditionally approves such a permit, the
VILLAGE shall issue the permit unconditionally within five (5) working days after
satisfaction by the DEVELOPER of the specified conditions.
B. Any stop order issued by the VILLAGE directing work stoppage on any
building or other improvement on the TERRITORY shall specify the section of the
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VILLAGE'S Building Code allegedly violated by the DEVELOPER and shall give the
DEVELOPER 30 days in which to cure or diligently commence cure of such violation.
Upon correction of any such violation, work on any improvement subject to a stop
order may recommence.
C. The VILLAGE agrees to sign the DEVELOPER'S completed MWRD
permit application, provided it complies with approved engineering, within 10 business
days of receipt by the VILLAGE of an acceptable and complete permit application.
4. Effect of Future Ordinances and Amendments. It is understood and agreed,
except as otherwise provided for herein, the Zoning, Subdivision Regulations, Building Code
and all other ordinances including all fees and charges of the VILLAGE, shall not be frozen
during the term of this Agreement, and such ordinances, as the same may from time to time
be amended and enforced throughout the VILLAGE, shall apply to the TERRITORY.
Notwithstanding the foregoing, it is expressly understood and agreed by the parties that
during the term of this Agreement, no use permitted under the R -4 or B -3 Districts at the time
of the execution of the Agreement shall be denied to the OWNERS/DEVELOPER, their
successors or assigns, unless the zoning classification of the TERRITORY is amended by the
petition of the OWNERS/DEVELOPER, their successors or assigns, or unless the VILLAGE
shall comprehensively amend its Zoning Ordinance. In the case of a comprehensive
amendment to the VILLAGE'S Zoning Ordinance, the TERRITORY shall be designated the
zoning district most comparable to the R -4 or B -3 District.
IV
FINAL PLAT APPROVAL
The VILLAGE shall not be required to accept the Final Plat of Subdivision unless the
DEVELOPER complies with the following Planned Unit Development terms and conditions:
1. The DEVELOPER shall obtain written review and comments from the
pipeline company on the proposed construction plans.
2. The DEVELOPER shall submit plans to the Illinois Department of
Transportation, Illinois State Tollway Authority or any other governmental
agency having jurisdiction over the I -355 extension project also known as
FAP 340 for written review and comment.
3. Provide One Hundred Percent (100 %) landscape screening along the rear of
Lots 89 through 96 and on the remaining lots bordering the Eastern boundary
of the TERRITORY the DEVELOPER shall install three evergreens trees,
which are at minimum of six (6) feet in height at the time of planting and are
of a species to be approved by the Community Development Director prior to
final plat approval.
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4. Final engineering for detention basins adjacent to Lots 14 through 15, Lots 23
through 25, and Lots 30 to 31 shall take into account preservation of trees on
the North end and shall allow no construction activities within the designated
tree preservation area.
5. Final engineering plans shall include stabilization of the North slope (North of
the detention basin) from the effects of erosion.
6. A traffic circle or similar traffic- calming device shall be included in the four -
way intersection just North of the pipeline.
7. Tree preservation area adjacent to the playground shall be in an area protected
from grading and filling activities. Final engineering plans shall illustrate the
tree protection methods to be used during the development of the
TERRITORY.
8. The proposed pedestrian path shall be routed to avoid crossing the detention
basin side slopes and walls.
9. A minimum twenty (20) foot access easement shall be granted to the
VILLAGE OF LEMONT over the abutting sides of Lots 37 and 38 to allow
VIT.LAGE access to the North detention basin.
10. Dedication of road right -of -way, measuring fifty (50) feet from the roadway
centerline, shall be required along 127th Street.
11. DEVELOPER shall prepare a Statement of Awareness for buyers of dwellings
to acknowledge the location of the planned I -355 extension and property West
abutting the Industrial Zoning.
V
REQUIRED PUBLIC IMPROVEMENTS
1. Water Supply.
A. DEVELOPER shall contribute to the VILLAGE the cost of expanding the
VILLAGE well and storage capacity to allow the VILLAGE to supply water to the
TERRITORY. The contribution to the VILLAGE shall be added to the usual and customary
connection fee and shall be paid at the time of connection. The parties agree that such
contribution shall be paid for $1000.00 for each detached single - family unit.
B. DEVELOPER shall have the right to construct and install at their expense all
necessary on -site water mains to service the TERRITORY. All water mains shall be
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constructed and installed in accordance with the Code of the VILLAGE and final engineering
plans approved by the VILLAGE. The VILLAGE agrees to permit connection of the
aforementioned water mains to the water facilities of the VILLAGE and to furnish water
service on the same basis as said services are furnished to other parts of the VILLAGE.
2. Sanitary and Storm Sewers. DEVELOPER shall have the right to
construct and install at their expense all necessary sanitary sewers to service the
TERRITORY in accordance with the Subdivision Regulations of the VILLAGE and
final engineering plans approved by the VILLAGE and regulations of the Metropolitan
Water Reclamation District of Greater Chicago ( "MWRD "). The VILLAGE agrees to
permit connection of the aforementioned sanitary sewers to the sanitary sewer facilities
of the VILLAGE and to furnish sewer service on the same basis as said services are
furnished to other parts of the VILLAGE. DEVELOPER agrees that no surface water is
to be discharged into the sanitary sewerage collection system and will make adequate
provisions that this will not occur. Tap -on fees required by the VILLAGE shall not be
waived. All detention areas and storm sewers shall be owned and maintained by the
DEVELOPER until the time the VILLAGE accepts said improvements.
3. Detention Area. DEVELOPER agrees to construct a detention basin in
accordance with the VILLAGE standards with the exception of the maximum depth (6'
at the base of the slope and 8' at the structures). DEVELOPER shall provide Title
Insurance in the amount of the current market value, pay all real estate taxes, and
provide a sufficient credit to pay the taxes on the detention areas until a government
exemption has been granted to the VILLAGE. Detention areas may be deeded over to
the VILLAGE upon completion of all public improvements except the surface course,
streets trees and sidewalk. DEVELOP agrees to maintain areas through the
maintenance period.
4. Open Space. DEVELOPER will convey approximately 3.14 acres, as
shown on the Preliminary Plat of Subdivision set forth as Exhibit "C ", to the Lemont
Park District. This dedicated park site shall consist of a .41 -acre tot lot and 2.73 acres
of preserved trees. DEVELOPER, as illustrated in Exhibit "C ", shall construct an
asphalt path within the tree preservation area; the location and width of said path shall
be approved with the Final Engineering Plans to prevent tree preservation conflicts.
DEVELOPER shall also clear dead trees and brush from the tree preservation area, but
no other building, clearing or grading activities are permitted within this area. Title
Insurance in the amount of the current market value, pay all real estate taxes, and
provide a sufficient credit to pay the taxes on the open space areas until a government
exemption has been granted to the Park District.
5. All public improvements, which shall be completed within two years
after commencement of construction, shall be inspected by the VILLAGE upon
completion and if they are found to be in compliance with the requirements of the
VILLAGE'S Code and in accordance with the final engineering plans they shall
thereupon, without unreasonable delay, be accepted by the VILLAGE as described in
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this Agreement. The DEVELOPER shall request acceptance in writing and shall
provide the VILLAGE with a bill of sale for the public improvements to be conveyed
and a maintenance guarantee in the form of a letter of credit in an amount of ten percent
of the original amount of the letter of credit. Said maintenance guarantee shall be
available to the VILLAGE for a period of two (2) years after the effective date of
acceptance of the public improvements.
VI
DEDICATION AND CONSTRUCTION OF STREETS; SIDEWALKS;
MISCELLANEOUS
1. Streets.
A. Access Road. The proposed Secondary Access Road along the Western
Boundary of the proposed Subdivision shall be extended to 127th Street and will be
engineered as an emergency access road (without curb) unless the VILLAGE is able to
acquire a right -of -way from the adjoining owner to the West, then to be improved as a street
according to Village Standards. If the VILLAGE is able to acquire the necessary
permissions, the DEVELOPER shall install an intersection approach that aligns centerline to
centerline with existing Smith Road. If the VILLAGE obtains the necessary permissions, the
DEVELOPER shall be responsible for all improvements north of the intersection of Smith
Road and 127th Street.
B. Construction Hours. The DEVELOPER shall be responsible for strict
observation of the construction hours regulations of the VILLAGE on behalf of all persons
and companies engaged in construction activity within the DEVELOPMENT, whether
related to the installation of public improvements or dwelling construction. It is agreed that
the VILLAGE shall issue stop -work orders, tickets and fines as reasonably necessary to
enforce its construction hour's regulations.
C. Maintenance. The DEVELOPER shall be responsible for maintenance of the
streets, including any damage incidental to the construction of dwellings in the subdivision
by other contractors, their subcontractors or suppliers.
D. Design and Standards. The design and construction standards for the network
of planned streets within the TERRITORY shall be in accordance with final engineering
plans as approved by the VILLAGE.
E. Debris. DEVELOPER 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. Such streets must be cleaned at least once daily. For each day
that the streets are not cleaned as required hereunder during construction, DEVELOPER
shall be subject to a fine as provided in Section XX "Violation Penalty" of the Subdivision
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Regulations. If any such fine is not promptly paid, the VILLAGE shall have the right to stop
any and all further construction until paid.
F. Dedications. The dedication of 50' of right -of -way is required for 127th Street
where it abuts the TERRITORY.
2. Street Lights. DEVELOPER shall be required to install streetlights in
accordance with the Subdivision Regulations of the VILLAGE and final engineering plans
approved by the VILLAGE.
3. Sidewalks. DEVELOPER shall be required to construct sidewalks in
accordance with the term of this Agreement, the Subdivision Regulations of the VILLAGE
and final engineering plans approved by the VILLAGE. The sidewalk along 127th Street
shall be 6' in width and shall be constructed across the entire frontage of the TERRITORY,
inclusive of the B -3 zoned parcel. Sidewalk is also required along the secondary access road
along the west side of the B -3 parcel and pipeline.
4. Miscellaneous.
A. Sidewalks and Street Trees. The cost of any sidewalks and street trees
to be installed on public rights of way shall be included in the required letters of credit
for each phase of the development of the TERRITORY, with the amounts to be
computed on the same basis as the amounts to be included in the letter of credit for all
other public improvements for the TERRITORY. Nothing contained herein shall
prohibit assigning, delegating or transferring the responsibility for plating such trees by
contract or declaration to home building contractors applying to the VILLAGE for
building construction permits. However, the DEVELOPER shall at all times remain
primarily liable to the VILLAGE for such installation and, in any event, responsibility
for the installation of street trees shall not be assigned or transferred by the
DEVELOPER to the homeowner (end user). Sidewalks and street trees shall be
installed by the DEVELOPER on any lots remaining vacant within two years of the
commencement of construction in the TERRITORY. A Parkway Tree Plan and data
sheet shall be included in the Final Landscaping Plan, which shall be submitted to the
Community Development Department and the consulting Village Arborist for review
prior to final plat approval. This plan shall specify the number of street trees and the
type of street trees assigned to each lot.
B. Tree Preservation. DEVELOPER agrees to submit a final tree
preservation plan in addition to the plans and specifications for the public
improvements of the subdivision. The plan shall specify the number, species, location
and condition of trees on the TERRITORY that are to be preserved, as well as the
preservation method. The plan shall be in substantial compliance with the Tree
Preservation Plan adopted as Exhibit "E" of this Agreement. The plan shall specify the
techniques used to protect trees during all phases of construction. DEVELOPER
agrees to plant additional tress and be subject to monetary fines according to the
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Zoning Ordinance of the VILLAGE OF LEMONT, if trees to be preserved on the
preservation plan are removed without prior written permission of the VILLAGE. The
VILLAGE shall approve the final tree preservation plan at the time of final plat
approval.
VII
EASEMENTS AND UTILITIES
The DEVELOPER agrees at the time of approval of the Amended Annexation
Agreement 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
television, or for other improvements, which may serve not only the TERRITORY, but also
other territories in the general area.
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 DEVELOPER 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, in the front yard easements of lots 31 -34, upon approval of the respective
utility companies.
A conservation easement shall be illustrated on the Preliminary Plat of Subdivision
adopted as Exhibit "C" in the rear of lots 88 -90. This area is to be a no build and no grade
zone with the exception of limited utility work.
VIII
NOTIIFICATION REQUIREMENTS
DEVELOPER and all the DEVELOPER'S assigns agree to have all purchasers of lots
sign a statement of awareness on the location of the proposed Tollway and the Will and Cook
County Industrial Zoning adjacent to the TERRITORY.
IX
CONTRIBUTIONS AND ANNEXATION FEE
1. The DEVELOPER shall make land and /or cash contributions prior to final
plat approval, unless specified. If a final development plan or Plat of Subdivision is filed
within one (1) year of the effective date of this Agreement, the required contributions shall be
as follows:
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Library Donation
Land Donation Cash Donation
N/A $ 20,706.94
Park Donation
Tree Preservation Area 2.73 ($273,000.00)
Tot Lot 0.41 ($ 41,000.00)
Remainder 1.40 $140,000.00
School Donation
Elementary (K -5) 1.15 $114,928.00
(600 students - 11 ac.)
Junior High (6 -8) 0.72 $ 72,081.78
(900 students - 19 ac.)
High School (9 -12) 0.84 $ 84,413.22
(2300 students - 48 acres)
Village of Lemont
Annexation Fee N/A $ 31, 250.00
Miscellaneous N/A $250,000.00
Water Contribution N/A $128,000.00*
Total 7.25 $841,379.94
*See Paragraph 3 of this Article
2. If a final plat of subdivision is submitted to the VILLAGE more than one (1)
year after the effective date of this Agreement, the aforesaid contributions and the annexation
fee shall be paid in amounts calculated in accordance with the terms of the ordinances of the
VILLAGE in effect at the time such final plan or Plat is submitted to the VILLAGE.
3. All of the fees referred to above will be paid prior to the delivery and approval of
the Final Plat of Subdivision except that the water contribution fee shall be paid in One
Thousand Dollar ($1,000.00) increments at the time of issuance of a Building Permit on each
individual lot.
4. Contributions Agreement. DEVELOPER 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 utilities, libraries, schools, parks and recreational facilities,
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police protection, and emergency services. DEVELOPER 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
MODIFICATION OF "UTILITY AND ANNEXATION AND PARTICIPATION
AGREEMENT"
The previous Annexation Agreement adopted as Ordinance No. 987 dated June
10, 1996 and recorded as Document No. 97730723 is hereby revoked in its entirety except :: for
Paragraph 11 on pages 8 to 14 relating to Recapture and in its place this
Agreement shall stand.
DEVELOPER/OWNERS hereby waives the Two Hundred . Thousand Dollar
($200,000.00) credit for pre - payment of tap -on fees, as provided for in Ordinance 989
dated 6/10/96 entitled Utility and .Annexation Participation.
XI
DEVELOPMENT CODES AND ORDINANCES AND GENERAL MATTERS
The development of the TERRITORY annexed, and of each lot respectively
encompassed by this Agreement shall be in accordance with the existing building, zoning,
subdivision, storm water retention and other developmental codes and ordinances of the
VILLAGE as they exist on the date each respective permit for development is issued.
Planning and engineering designs and standards, and road construction and dedication of
public improvements, shall be in accordance with the statutes and regulations of other
governmental agencies having jurisdiction thereof if such standards are more stringent
than those of the VILLAGE at such time.
No occupancy permit shall be issued for any building prior to the completion of
the required public improvements, including streetlights and street signs, except for the
final surface course of the streets. Provided, however, the construction and installation of
the public improvements to be done by DEVELOPER may be commenced at any time
after DEVELOPER has delivered to VILLAGE an irrevocable letter of credit, in a form
satisfactory to, and from a bank or other financial institution approved by, the VILLAGE
in the amount of 115% of the DEVELOPER'S 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, streets and streetlights, sidewalks,
landscaping, street trees, sewer and water lines and storm water management facilities,
except to the extent such facilities are to remain private, and after approval of a site
development permit by the VILLAGE. At no time shall the Letter of Credit funds be
utilized by the DEVELOPER for the future payment of contractors, materials, salaries and
wages and the like. The VILLAGE makes no guarantees regarding the timely reduction of
said Letter of Credit and therefore should not be used for time - sensitive payment
purposes. The VILLAGE Engineer may, in his /her discretion, recommend the amount of
said letter of credit to be reduced, from time to time, as major public improvements are
completed, upon approval of the VILLAGE Board.
15
The DEVELOPER shall not be entitled to obtain any building permits except as
provided for in Article XIII, the DEVELOPER shall be entitled to obtain one temporary
development sign permit as provided in the temporary sign regulations of the VILLAGE
Zoning Ordinance and shall not be entitled to construct any model units, sales and/or
rental offices or any other appurtenant facilities unless and until the proper letter of credit
or cash deposit has been made to the VILLAGE in accordance with the Subdivision
Regulations of the VILLAGE, with the exception of a site development permit for the
purpose of prep work (i.e.- razing of the house and /or removal of the existing runway).
The letter of credit or cash deposit shall specifically include an amount to cover the cost of
street trees and sidewalks as required by the Subdivision Regulations and this Agreement.
All public improvements shall be constructed and initiated within two (2) years
from the date of approval of the Plat of Subdivision; however, if the completion date falls
after September 30th, the date shall be the following May 30th. Notwithstanding any
other provisions of this Agreement, no construction of public improvements have been
approved, the agreement for construction of the public improvements as herein provided
has been executed, the minimum security has been provided, the requirements of
Ordinance No. 456, as amended, have been met, and until documentation, including a
copy of the Permit if applicable, or evidence is received by the VILLAGE that
DEVELOPER is not violating a wetland regulation or a regulation relating to waters of the
United States. Further, no earthwork shall be done in any area tentatively identified as
wetlands until an appropriate permit or permission has been obtained and such permit or
permission is shown to the VILLAGE. The Plat of Subdivision shall contain such
restrictive covenants, public utility and easement provisions as are or were required by the
President and Board of Trustees as a condition to approval of the Plat of Subdivision.
DEVELOPER, at DEVELOPER'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 Ordinance No.456, as amended.
It is agreed that all of the public improvements contemplated herein shall upon
acceptance thereof by the VILLAGE, become the property of VILLAGE and be integrated
with the municipal facilities now in existence or hereinafter constructed and VILLAGE
thereafter agrees to maintain said public improvements. Acceptance of said public
improvements shall be by resolution of the President and Board of Trustees only after the
VILLAGE Engineer or VILLAGE Engineer Consultant has issued certified that the
improvements have been constructed in accordance with approved Engineering Plans and
Specifications. DEVELOPER agrees to convey by appropriate instrument and VILLAGE
agrees to promptly accept, subject to terms hereof, the public improvements constructed in
accordance with the Approved Engineering Plans and Specifications.
XII
DEVELOPMENT STANDARDS
16
The development of the TERRITORY shall be substantially consistent with the
"Briarcliffe Estates Subdivision Declaration of Covenants, Conditions and Restrictions"
attached hereto as Exhibit "H" which shall be recorded by the DEVELOPER at the time of
recording of the Plat of Subdivision and shall not be amended, changed or altered without
the approval of the VILLAGE, said approval shall not be unreasonably withheld. Any
proposed amendments shall be submitted to the VILLAGE in writing and unless the
DEVELOPER is notified of the VILLAGE'S disapproval within (21) days of receipt of
the written notice, the proposed amendment shall be deemed approved and the
DEVELOPER may record the amendment.
XIII
MODEL HOMES
The OWNERS/DEVELOPER may obtain building permits for no more than eight
(8) model homes to be constructed on lots 1 -4 and 121 -128, which shall at a minimum be
accessible to a gravel roadway base and fire and police protection. No Occupancy Permit
shall be granted for any of the model homes until water and sewer connections have been
made and roads have been improved with a binder course. This Article shall not limit the
number of model homes after Subdivision improvements have been installed (i.e. - sewer,
water, detention, binder course on streets).
XIV
SUBDIVISION ENTRANCE SIGN
The Subdivision entrance sign shall be constructed of a stone material and located
in an area that is in an easement and shall provide for the perpetual care, maintenance and
restoration by a Homeowners' Association.
xv
APPROVAL OF PLANS
VILLAGE and its agents agrees to expeditiously take action to approve or
disapprove all plats, plans and engineering submitted to VILLAGE by DEVELOPER. If
VILLAGE determines that any such submission is not in substantial accordance with this
Agreement and applicable ordinances, the VILLAGE shall promptly notify DEVELOPER
in writing of the specific objection to any such submission so that DEVELOPER can
make any required corrections or revisions.
XVI
NOTICE OF VIOLATIONS
The VILLAGE will issue no stop orders directing work stoppage on building or
parts of the project without giving notice of the Section of the Code or this Agreement
allegedly violated by DEVELOPER, so the DEVELOPER may forthwith proceed to
17
correct such violations as may exist. Moreover, the DEVELOPER shall have an
opportunity to correct possible violations. This paragraph shall not restrain the Building
Official from issuing a stop work order in any case where he considers a continuation of
the work to constitute a threat to the health or safety of the public or personnel employee
on or near the site. VILLAGE shall provide DEVELOPER notice as required by Statute
of any matter, such as public hearing, proposed building code changes and policy changes
or other matters, which may affect the TERRITORY of development of it under this
Agreement.
XVH
MAINTENANCE GUARANTEE
At the time or times of acceptance by VILLAGE of the installation of any part,
component or all of any public improvement in accordance with this Section, or any other
section of the Agreement, DEVELOPER shall deposit with the VILLAGE a maintenance
bond in the form of a letter of credit 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 two (2)
years after completion and acceptance of all improvements. In the event of a defect in
material and /or workmanship within said period, then said Bond shall not be returned until
correction of said defect and acceptance by VILLAGE of said corrections.
XVIII
DAMAGE TO PUBLIC IMPROVEMENTS
The DEVELOPER shall replace and repair any damage to public improvements
installed within, under or upon the subject realty resulting from construction activities by
DEVELOPER, their successors or assigns and their employees agents, contractors or
subcontractors during the term of this Agreement. DEVELOPER shall have no obligation
hereunder with respect to damage resulting from ordinary usage, wear and tear.
XIX
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 OWNER/DEVELOPER'S of record of the TERRITORY, assignees,
lessees and upon any successor municipal authorities of said VILLAGE and successor
municipalities, for a period of 20 years from the date of execution hereof.
The terms and conditions of this Agreement relative to the payment of monies to
the various VILLAGE recapture funds, contributions to the VILLAGE, construction
and/or dedication of public improvements, granting of easements to the VILLAGE,
dedication of rights -of -way to the VILLAGE and the developmental standards established
herein shall constitute covenants which shall run with the land.
18
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.
XX
NOTICES
Unless otherwise notified in writing, all notices, requests and demands shall be in
writing and shall be personally delivered to or mailed by United States Certified mail,
postage prepaid and return receipt requested, as follows:
For the VILLAGE:
1. Village President
418 Main Street
Lemont, IL 60439
2. Village Clerk
418 Main Street
Lemont, IL 60439
3. Village Administrator
418 Main Street
Lemont, IL 60439
For DEVELOPER:
Paul McNaughton — McNaughton Development
11900 Southwest Highway, Suite 101
Palos Park, Illinois 60464
Or such other addresses that any party hereto may designate in writing to the other parties
pursuant to the provisions of this Section.
XXI
CERTIFICATES OF OCCUPANCY,
1. Within five (5) days after request by DEVELOPER for a final inspection of a
building within the TERRITORY, the VILLAGE shall issue a final certificate of
occupancy for such building or issue a letter of denial of a certificate of occupancy
identifying the correction necessary as a condition of a certificate of occupancy and
specifying the section of the Building Code relied on by the VILLAGE in its request for
correction.
19
2. The VILLAGE, in accordance with the requirements and customary practice of
the VILLAGE Building Department, will grant provisional permits for structures between
November 1st and June 1st if weather prevents the DEVELOPER from completing
grading, landscaping and exterior concrete or asphalt work for any such structure (it being
understood that if other work remains to be done, no occupancy permit, provisional or
otherwise, will be issued).
As a condition of the issuance of any such provisional occupancy permit, the
DEVELOPER shall provide the VILLAGE with a timetable (acceptable to the VILLAGE)
for completion of the outstanding work, which timetable shall be deemed a part of the
occupancy permit.
XXII
REIMBURSEMENT OF VILLAGE FOR LEGAL AND OTHER FEES AND
EXPENSES
1. To Effective Date of Agreement. The OWNERS.
concurrently with annexation and zoning of the property 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:
a. all attorney's fees incurred by the VILLAGE; and
b. miscellaneous VILLAGE expenses, such as legal publication costs,
recording fees and copying expenses.
2. 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, DEVELOPER 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, attorneys' 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 DEVELOPER upon its request, by a sworn
statement of the VILLAGE; and such costs and expenses may be further confirmed by the
`,DEVELOPER at its option from additional documents relevant to determining
such costs and expenses as designated from time to time by the DEVELOPER.
Notwithstanding the immediately preceding paragraph, DEVELOPER.
shall in no event be required to reimburse VILLAGE or pay for any expenses or costs of
20
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/DEVELOPER and/or the VILLAGE, which relate to the terms of this
Agreement, then, in that event, the DEVELOPER, 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:
a. OWNERS/DEVELOPER shall not make any settlement or compromise of
the lawsuit, or fail to pursue any available avenue of appeal of any adverse
judgment, without the approval of the VILLAGE, which approval shall not
be unreasonably withheld.
b. If the VILLAGE, in its sole discretion, determines there is or may probably
be, a conflict of interest between VILLAGE and OWNERS/DEVELOPER,
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 DEVELOPER shall reimburse the
VILLAGE from time to time on written demand from the President of
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 ' DEVELOPER to reimburse
VILLAGE under the terms of this subparagraph 2 shall terminate if no such
legal proceedings are brought within one (1) 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 VILLAGE and not the
OWNERS/DEVELOPER.
In the event the VILLAGE institutes legal proceedings against
DEVELOPER for violation of this Agreement, and secured a judgment in its favor, the
court having jurisdiction thereof shall determine and include in its judgment all expenses
of such legal proceedings incurred by VILLAGE, including but not limited to the court
costs and reasonable attorneys' fees, witnesses' fees, etc., incurred by the VILLAGE in
connection therewith. OWNERS/DEVELOPER may, in its sole discretion, appeal any
such judgment rendered in favor of the VILLAGE against OWNERS/DEVELOPER.
XXIII
WARRANTIES AND REPRESENTATIONS
The DEVELOPER represents and warrants to the VILLAGE as follows:
21
1. That Deborah Hill, Susan Hill, Dr. David Nyberg and Marquette National Bank, as
Trustee under Trust Agreement dated February 27, 1992, and known as Trustee Number
92 -2 -5 are the owners of record of the respective parcels of the TERRITORY.
2. That the •DEVELOPER proposes to develop the TERRITORY in the
manner contemplated under this Agreement.
3. That other than the OWNERS/DEVELOPER, no other entity or person has any
interest in the TERRITORY or its development as herein proposed.
4. That OWNERS/DEVELOPER has provided the legal description of the
TERRITORY set forth in this Agreement and the attached Exhibits and that said legal
descriptions are accurate and correct.
XXIV
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
OWNERS/DEVELOPER, .DEVELOPER shall at all times during the term of
this Agreement remain liable to VILLAGE for the faithful performance of all obligations
imposed upon them by this Agreement until such obligations have been fully performed or
until VILLAGE, at its sole option, has otherwise released OWNERS/DEVELOPER and
from any all of such obligations.
XXV
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.
XXVI
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.
XXVH
22
SINGULAR AND PLURAL
Wherever appropriate in this Agreement, the singular shall include the plural, and
the plural shall include the singular.
XXVIII
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.
XXIX
RECORDING
The VILLAGE at the expense of the DEVELOPER thereto shall record a copy of
this Agreement and any amendments within 30 days after the execution hereof.
XXX
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 OWNERS/DEVELOPER and VILLAGE shall, upon request, deliver to each other at
the respective time such entities cause their authorized agents to affix their signatures
hereto copies of all bylaws, resolutions, ordinances, partnership agreements, letters of
direction or other documents required to legally evidence the authority to so execute this
Agreement on behalf of the respective parties.
XXXI
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.
XXXII
COUNTERPARTS
23
This Agreement may be executed in two or more counterparts, each of which taken
together shall constitute one and the same instrument.
XXXHI
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.
XXXIV
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.
xxxv
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 VILLAGE from performance under such
invalidity thereof shall not affect any of the other provisions contained herein, and such
judgment or decree shall relieve VILLAGE from performance under such invalid
provision of this Agreement.
XXXVI
DEFINITION OF THE VILLAGE
When the term VILLAGE is used herein it shall be construed as referring to the
Corporate Authorities of the VILLAGE unless the context clearly indicates otherwise.
XXXVII
EXECUTION OF AGREEMENT
This Agreement shall be signed last by the VILLAGE and the President of the
VTT.LAGE shall affix the date on which he signs this Agreement on page 1 hereof which
date shall be the effective date of this Agreement.
24
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first above written.
ATTEST:
By: ,A,-1-&7',
Village Clerk
OWNERS:
Deborah Hill
Dr. David Nyberg
DEVELOPER:
McNaughton Devi
pment,
Inc
er
VILLAGE OF LEMONT
An Illinois Municipal Corporation
Susan Hill
Marquette National Bank
OFFICIAL SEAL.
KENNETH A. SILVERMAN
NOTARY PUBLIC, STATE OF IU,INOIE
MY COMMISSION EXPIRES 111
25
ACKNOWLEDGMENTS
STATE OF ILLINOIS)
) SS.
COUNTY OF COOK )
I, the undersigned, a Notary Public, in and for the County and Sate aforesaid, DO
HEREBY CERTIFY that JOHN F. PIAZZA is 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 Z'! day of M AA-A— e"
2003.
Commission expires
i
OFFICIAL SSA!
ROSEMAY YATES
(PLi . JC.. STA r. OF ILLINOIS
cc
•
S
20
Public
STATE OF ILLINOIS)
) SS.
COUNTY OF COOK )
I, the undersigned, a Notary Public in an for the County and State aforesaid, DO
HEREBY CERTIFY that the above -named am �.1Ua L�,,
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.
2003.
GIVEN under my hand an
KENNETH A. SILVERMAN
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 1122.2006
day of Apo(
Commission expires , 20
26
Notary Public
• „
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first above written.
ATTEST:
By:
Village Clerk
OWNERS:
Deborah Hill
Dr. David Nyberg
DEVELOPER:
McNaughton Development, Inc.
By:
Officer
VILLAGE OF LEMONT
An Illinois Municipal Corporation
By.
Susan Hill
Marquette Natimal.Bank
25
-.11/9 if-data:m:1 cakwn-xl Ty Thc MarcriNtt
"Ebt penzna7.1y, caly s Tntee, P.71d no -0c7;"!
V:AhEty assTnid z,1-•
IvE.-trciuttte use Gf c ;1;,-.A;1,:• • • -
g-,Z TriPking -rods instr-J-inent,
STATE OF ILLINOIS )
) S.S.
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY that GLEyAJ 722. Trust Officer of
MARQUETTE BANK , and /144/ Asst. Secge-anR.y
Officer of said Bank, personally known to me to be the same persons whose names are subscribed
to the foregoing instrument as such Trust Officer and Asst. Se ae°rAgY
respectively, appeared before me this day in person, and acknowledged that they signed and
delivered the said instrument as their own free and voluntary act, and as the free and voluntary act
of said Bank for the uses and purposes therein set forth; and the said Asst. Sect: e t Afey did also then
and there acknowledge that said Asst. 5 yzg- rA1,1 as custodian of the corporate seal of said Bank
did affix the said corporate seal of said Bank to said instrument as said Asst. S'ecae. ; Arzy s own free
and voluntary act, and as the free and voluntary act of said Bank, for the uses and purposes therein
set forth.
Given under my hand and official seal, this A4441ay of !% r c C- , 2003 .
I!+ot -e2; 1 ".i 311 ; State Sji
My Corovissi; nE)-2:res 6.19 493
I:\FORMS\Real Estate\Notary for Land Trustee.wpd; 5/17/02
a/.72-6-;=_e 721 -�
Notary Public
PARCEL 1_
THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11
EAST OF THE THIRD PRINCIPAL MERIDItN, IN COOK COUNTY, ILLINOIS (EXCEPTING
THEREFROM TEAT PORTION TAKEN PER CONDEMNATION CASE NO. 961150847 AND EXCEPT THAT
PORTION RECORDED :cm DOCCTPSENT X70. 97455907) , IN COOK COUNTY, ILLINOIS.
PARCEL 2:
THE EAST 18.50 FEET OF THE SOUTH 1/2 OF THE WEST 1/2 OF THE SOUTHWEST FRACTIONAL
QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS.
PARCEL 3:
THE SOD' 1/2 OF THE WEST 1/2 (EXCEPT TEE EAST 16.50 FEET AND ALSO EXCEPT THE
WEST 375 FEET OF TES EAST 391.50 FEET OF THE SOUTH 260 FEET THEREOF AND EXCEPT
THE WEST 8 ACRES THEREOF) OF TEE SOUTHWEST FRACTIONAL QUARTER OF SECTION 30,
TOWNSHIP 37 NORTH, RANGE 11 PAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
PARCEL 4:
THE WEST 9 ACRES OF THE SOUTH 1/2 OF THE WEST 1/2 OP THE SOUTHWEST FRACTIONAL,
QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS.
PARCEL 5:
THE SOUTH 177.93 FEET
QUARTER OF SECTION 30,
MERIDIAN, LYING SOUTH
COOK COUNTY, ILLINOIS
CASE NO. 96L50847 AND
COOK COUNTY, ILLINOIS,
OF THAT PART OF THE WEST 1/2 OP THE NORTHWEST FRACTIONAL
TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
OF THE CHICAGO AND ALTON RAILROAD COMPANY RIGHT OF WAY IN
(EXCEPTING THEREFROM THAT PORTION TAKEN PER CONDEMNATION
EXCEPT THAT PORTION RECORDER IN DOCUMENT NO. 97495907), IN
EMBIT 11A"
r�
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first above written.
ATTEST:
By: 46l f72 ,
Village Clerk
OWNERS: : /j
' 1 1+ ", / G cjA
Deborah Hill
VILLAGE OF LEMONT
An Illinois Municipal Corporation
B
Dr. David Nyberg / Marquette National Bank
DEVELOPER:
McNaughton Development, Inc.
By:
Officer
OFFICIAL SEAL
KENNETH A. SILVERMAN
NOTARY PUBUC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 11.224008
25
0
ACKNOWLEDGMENTS
STATE OF ILLINOIS)
) SS.
COUNTY OF COOK )
I, the undersigned, a Notary Public, in and for the County and Sate aforesaid, DO
HEREBY CERTIFY that JOHN F. PIAZZA is 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.
2003.
GIVEN under my hand and official seal, this day of µa^ "-h
Commission expires
STATE OF ILLINOIS)
) SS.
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that the above -named e�or_,A... u i f l � S a so., � (1 0
Or. i)aUt %bers
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.
2003.
GIVEN under my hand and
Commission expires
7
OFFICIAL SE
KENNETH A. SILVERMAN
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 11.222006 , 20
day of
26
Notary Public