O-08-03 02/10/03fill l _ii ii i 1111 iii
Eugene ' Gene' Moore Fee: $70.50
Cook County Recorder of Deeds
Date: 07/15/2003 11:51 AM Pg: 1 of 24
ORDINANCE NO. 0
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT
FOR AN 11 -ACRE PARCEL, GENERALLY LOCATED SOUTH OF THE LEMONT PARK
DISTRICT AND OLD QUARRY SCHOOL, WEST OF EAGLE CREST, AND NORTH OF
CACHE LAKE SUBDIVISION, IN LEMONT, ILLINOIS
(South Pointe Subdivision)
ADOPTED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF LEMONT
THIS 10TH DAY OF FEBRUARY 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 10th day of
February 2003.
ORDINANCE NO. OTa
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION
AGREEMENT FOR A 11 -ACRE PARCEL, GENERALLY LOCATED SOUTH OF THE
LEMONT PARK DISTRICT AND OLD QUARRY SCHOOL, WEST OF EAGLE CREST AND
NORTH OF CACHE LAKE SUBDIVISION, IN LEMONT, ILLINOIS
WHEREAS, Phil Cullen, Eagle Ridge Enterprises, LLC is the contract owner of the territory
which is the subject of an Annexation Agreement 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; 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 know as the "South Pointe Annexation Agreement" dated the 10th of
February, 2003, a copy of which is attached hereto and made a part hereof.
Section 2. That this ordinance shall be in force and effect from and after its passage, approval,
and publication in pamphlet form as provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on
this 10h day of February, 2003.
John Benik
Debby Blatzer
Peter Coules
Connie Markiewicz
Steven Rosendahl
Jeannette Virgilio
IUNIJ QtAZ2
A
AYES NAYS PASSED ABSENT
V
V
V
iieIAZZA, Villag . Presid Y
• RLE E M. S 1 L , dlage Clerk
ANNEXATION AGREEMENT
South Pointe - Eagle Ridge Enterprises, Inc.
ARTICLE TITLE
I Annexation
II Zoning and Land Use Restriction
III Required Public Improvements
IV Dedication and Construction of Streets, Sidewalks,
Miscellaneous
V Easements and Utilities
VI Tollway Notification
VII Contributions and Annexation Fee
VIII Development Codes and Ordinances and General
Matters
IX Approval of Plans
X Notice of Violations
XI Maintenance Guarantee
XII Damage to Public Improvements
XIII Binding Effect and Term and Covenants Running
with the Land
XIV Notices
)CV Certificates of Occupancy
XVI Warranties and Representations
XVII Continuity of Obligations
XVIII No Waiver or Relinquishment of Right to Enforce
Agreement
XIX Village Approval or Direction
XX Singular and Plural
XXI Section Headings and Subheadings
XXII Recording
XXIII Authorization to Execute
XXIV Amendment
XXV Counterparts
XXVI Curing Default
XXVII Conflicts Between the Text and Exhibits
XXVIII Severability
XXIX Definition of the Village
XXX Execution of this Agreement
EXHIBIT TITLE
A Legal Description of Subject Property
B Plat of Annexation of Subject Property
C Preliminary Plat of Subdivision with Engineering
Plans
D Tree Preservation Plan and Data Sheet
E Declarations for South Pointe
F Plat of Survey and Legal Description of "One Rod
Road"
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this 10th day of February, 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
Dan and Nancy McCarrin (hereinafter referred to as "OWNERS ") and Eagle Ridge
Enterprises, Inc., an Illinois Corporation (hereinafter referred to as ( "DEVELOPER ").
WHEREAS, OWNERS are the contract 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 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/DEVELOPER 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 said
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.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
hereinafter contained, the parties agree as follows:
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/DEVELOPER shall not have any obligations or liabilities
under this Agreement, all undertakings hereunder being undertakings and obligations
solely of OWNERS/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.
IQ
ZONING AND LAND USE RESTRICTIONS
1. Upon the Annexation of the TERRITORY to the VILLAGE, the parcel
shown on the plat of annexation attached as Exhibit "B" shall be classified under the
existing Zoning Ordinance No. 0- 25 -99, as amended, as R -4 Single Family Residence
District with the following variations: a) the street right -of -way shall be 60' rather than
66' (Subdivision Regulation 2.02 -B); b) the depth of the detention basin shall be 6' rather
than 4'(Subdivision Regulation 7.02- A.10); and c) the slope of the detention basin shall be
3': 1' rather than 4': 1' (Subdivision Regulation 7.02 -A.9). 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 OWNERS to cause the TERRITORY
to be rezoned as an 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 November 19, 2002.
2. The TERRITORY shall be developed in accordance with Preliminary Plat
of Subdivision, prepared by Dave Johnson Associates Ltd. and dated 12/09/02 attached
hereto and incorporated herein as Exhibit "C "; Preliminary Tree Preservation Plan and
Data Sheet, Dave Johnson Associates Ltd. and Richard Reposh of Homer Tree Service
and dated 02/04/03 attached hereto and incorporated herein as Exhibit "D "; Declarations
for South Pointe, Phil Cullen of Eagle Ridge Enterprises and dated 02/04/03 attached
hereto and incorporated herein as Exhibit "E."
3. Building Permits.
A. Within 30 days after receipt of an application by DEVELOPER 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
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.
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
District 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 District.
III
REQUIRED PUBLIC IMPROVEMENTS
1. Water Supply.
A. SDEVELOPER 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
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')
and the maximum slope (3': 1'). Upon completion of these and other public
improvements, the basin will be conveyed to the VILLAGE. Developer shall provide Title
Insurance in the amount of the current market value, pay all real estate taxes, and provide
an escrow sufficient to pay the taxes on the detention areas until a government exemption
has been granted to the VILLAGE.
4. Open Space. DEVELOPER will construct an approximately 131' x 20'
pedestrian right -of -way, as shown on the preliminary plat of subdivision set forth as
Exhibit "C ", which is to be conveyed to the Lemont Park District upon completion. The
right -of -way shall contain an asphalt path with a width of 10'. This right -of -way shall
serve as a non - motorized link to the adjacent properties, with the exception of emergency
situations. DEVELOPER shall provide landscape screening along the edge of the right -
of -way and bollards to prevent vehicles in non - emergency situations from using this
entrance. The landscaping for the right -of -way shall be included in the Landscaping Plan,
which shall be approved by the Community Development Department and the consulting
Village Arborist prior to final plat approval. DEVELOPER shall provide Title Insurance
in the amount of the current market value, pay all real estate taxes, and provide an escrow
sufficient 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 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.
IV
DEDICATION AND CONSTRUCTION OF STREETS; SIDEWALKS;
MISCELLANEOUS
1. Streets.
A. Construction Traffic. Construction access to the TERRITORY during
construction of site improvements shall be through the parcel known as "One Rod Road ",
plat of survey and legal description attached as Exhibit "F" of this Agreement, Eagle Crest
Drive, and Deer Lane. The DEVELOPER and the VILLAGE shall review the proposed
construction traffic route prior to commencement of construction. The condition of the
public streets shall be documented, in writing and on videotape. The DEVELOPER shall
be responsible for incidental damage to the aforementioned streets resulting from
construction activity in the DEVELOPMENT, including but not limited to the actions of
individual building contractors, subcontractors and suppliers, whether or not hired by the
OWNER/DEVELOPER. The DEVELOPER agrees to reserve a minimum of five percent
of the letter of credit, in addition to the required maintenance security for the
DEVELOPMENT, as additional security to guarantee the condition of the streets along
the construction traffic route. Said additional security shall not be reduced or released until
the expiration of the two (2) year maintenance period following acceptance of the public
improvements of the DEVELOPMENT by the VILLAGE.
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 Regulations. If any such fine is not promptly paid, the VILLAGE shall
have the right to stop any and all further construction until paid.
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 all in
accordance with the term of this Agreement, the Subdivision Regulations of the
VILLAGE and final engineering plans approved by the VILLAGE.
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. The DEVELOPER'S obligation to install the street
trees or sidewalks shall not be assigned or transferred by the DEVELOPER to a
subsequent title - holder. 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 shall be included in the 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. The plan shall be in substantial compliance with
the Tree Preservation Plan adopted as Exhibit "D" of this Agreement. The plan shall
specify the techniques used to protect trees during all phases of construction.
DEVELOPER agrees to plant additional trees according to the 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. During the site improvement phase of
construction the existing vegetation along the rear of lots 9 -19 shall be preserved to serve
as a landscaping screen.
V
EASEMENTS AND UTILITIES
The DEVELOPER agrees at the time of approval of the 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 all lots, upon approval of the respective utility
companies.
An approximately 30' conservation easement to be dedicated to the Village shall
be illustrated on the Preliminary Plat of Subdivision adopted as Exhibit "C ", over the
drainage way between lots 4 and 5 and lots 13 and 14. The only activity permitted in this
easement is an enhancement of the existing plantings, as detailed in the Landscape Plan,
which shall be submitted prior to final plat approval for the review of the Community
Development Department and consulting Village Arborist. All development (structures,
driveways, walks, accessory structures, etc.) on the adjacent lots must have a minimum
setback of five (5) feet from the easement in addition to the minimum setbacks permitted
by VILLAGE regulations.
VI
TOLLWAY NOTIFICATION
DEVELOPER and all the DEVELOPER'S assigns agree to have all purchasers of
lots 18, 19, and 20 sign a statement of awareness on the location of the proposed Tollway.
VII
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:
Land Donation (acres) Cash Donation
Library 0.00 $ 3, 407.07
Park District 0.75 $74, 719.00
Pedestrian way (0.06) ($6, 035.81)
Elementary School District 0.19 $18, 929.17
Junior High School District 0.12 $11, 891.89
Senior High School District 0.14 $13, 940.87
Village of Lemont
Annexation Fee N/A $5, 250.00
"One Rod Road" 0.63 N/A
Water Contribution N/A $21, 000.00
Total 1.77 $143, 102.19
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. 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, 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.
4. "One Rod Road" shall be conveyed to the Village prior to final plat
approval. DEVELOPER will use this road as a construction route during the
development of the TERRITORY and shall restore it to its current state upon completion.
VIII
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 operating 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.
The DEVELOPER shall not be entitled to obtain any building permits, nor sign
permits 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. 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.
IX
APPROVAL OF PLANS
VILLAGE 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.
X
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
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.
XI
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.
XII
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. SDEVELOPER shall have no
obligation hereunder with respect to damage resulting from ordinary usage, wear and tear.
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.
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.
XIV
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:
Phil Cullen - Eagle Ridge Enterprises
106 Stephen Street
Lemont, Illinois 60439
Or such other addresses that any party hereto may designate in writing to the other parties
pursuant to the provisions of this Section.
XV
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.
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.
XVI
REIMBURSEMENT OF VILLAGE FOR LEGAL AND OTHER FEES AND
EXPENSES
1. To Effective Date of Agreement. The OWNERS/DEVELOPER,
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, OWNERS/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 OWNERS/DEVELOPER upon its request, by a sworn
statement of the Village; and such costs and expenses may be further confirmed by the
OWNER/DEVELOPER at its option from additional documents relevant to determining
such costs and expenses as designated from time to time by the OWNERS/DEVELOPER.
Notwithstanding the immediately preceding paragraph, OWNERS/DEVELOPER
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/DEVELOPER and/or the VILLAGE, which relate to the terms of this
Agreement, then, in that event, the OWNERS/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 OWNERS/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 OWNERS/
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 OWNERS/
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.
XVI
WARRANTIES AND REPRESENTATIONS
The OWNERS/DEVELOPER represents and warrants to the VILLAGE as follows:
1. That Dan and Nancy McCarrin are the owners of record of the respective
parcels of the TERRITORY.
2. That the OWNERS/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.
XVII
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, OWNERS/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.
XVIII
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.
XIX
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.
XX
SINGULAR AND PLURAL
Wherever appropriate in this Agreement, the singular shall include the plural, and
the plural shall include the singular.
XXI
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.
XXII
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
XXIII
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.
xxIV
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.
XXV
COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which
taken together shall constitute one and the same instrument.
XXVI
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.
XXVII
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.
XXVIII
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.
XXIX
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.
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
ATTEST:
By:
Village Clerk
OWNERS:
Dan McCarrin
DEVELOPER:
Eagle Ridge Enterprises, Inc.
By:
Officer
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 to 4/A day of
2003.
FC AL SEAL
Commission expires ROW" Y YATES
NU INKY b ATE OF ILLINOIS
MY COMM SSION E '. IRES 8-12-2004
STATE OF ILLINOIS)
) SS.
COUNTY OF COOK )
Notary Pu
, 20
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
PBY CERTIFY that the above -named
ima CA/ Mud %%G',o,c�i✓ } �, f/dCR ',J
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 official seal, this 3 day of
Commission expires
ot� /'blic
206 r.
LEGAL DESCRIPTION:
LOTS 4 AND 5 IN COUNTY CLERK DIVISION OF SECTION 31, TOWNSHIP 37 NORTH, RANGE 11, EAST
OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY ILLINOIS, (EXCEPTING THEREFROM THOSE
PARTS OF SAID LOTS 4 AND 5, TAKEN AS A TRACT. BOUNDED AND DESCRIBED AS FOLLOWS:
THAT PART OF THE EAST HALF OF SECTION 31 TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 31; THENCE SOUTH 88 DEGREES 21
MINUTES 42 SECONDS WEST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION
31, A DISTANCE OF 1168.45 FEET TO A POINT ON THE NORTH LINE OF LOT 5 IN COUNTY CLERK
DIVISION, RECORDED ON APRIL 30, 1880 AS DOCUMENT NUMBER 269448 IN SAID SECTION 31, SAID
POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 29 DEGREES 25 MINUTES 53 SECONDS EAST,
193.62 FEET; THENCE SOUTH 66 DEGREES 42 MINUTES 48 SECONDS EAST, 51.79 FEET; THENCE
SOUTH 34 DEGREES 36 MINUTES 17 SECONDS EAST, 188.73 FEET; THENCE SOUTH 03 DEGREES 53
MINUTES 41 SECONDS EAST 61.10 FEET TO THE SOUTH LINE OF SAID LOT 5; THENCE SOUTH 88
DEGREES 21 MINUTES 42 SECONDS WEST, ALONG SAID SOUTH LINE A DISTANCE OF 395.00 FEET TO
THE SOUTHWEST CORNER OF SAID LOT 5; THENCE NORTH 01 DEGREE 42 MINUTES 14 SECONDS WEST,
ALONG THE WEST LINE OF SAID LOT 5 A DISTANCE OF 412.50 FEET TO THE NORTHWEST CORNER OF
SAID LOT 5; THENCE NORTH 01 DEGREE 28 MINUTES 08 SECONDS WEST, ALONG THE WEST LINE OF
THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 31, A DISTANCE OF 330.00 FEET TO
THE NORTHWEST CORNER OF SAID LOT 4; THENCE NORTH 88 DEGREES 21 MINUTES 42 SECONDS EAST
ALONG THE NORTH LINE OF SAID LOT 4, FOR A DISTANCE OF 159.77 FEET TO A POINT; THENCE
SOUTH 00 DEGREE 19 MINUTES 08 SECONDS EAST, FOR A DISTANCE OF 330.09 FEET TO THE POINT
OF BEGINNING), ALL IN COOK COUNTY ILLINOIS.
p� 1
Foal
m
Exhibit "B"
Plat of Subdivision
of
South Pointe Subdivision
Lemont, Illinois
BEING A SUBDIVISION OF PART OF SECTION 31, TOWNSHIP
37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS.
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LOT 3
LOT 8
LOT 7
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LOT 14
LOT 13
LOT 76
LOT 17
LOT ,a
LOT 19
LOT 20
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1.2
DAME JULY 71.1033
DJA CIVIL ENGINEERS & SURVEYORS
DAVE JOHNSON 970 ASSOCIATES, LID.
323 S. Here Street Wheaten, IL 60187
ph. 830 752 8600 70y. 630 752 9858
e -mail: DJA @OJAaYine.net
OWNER'S CERTIFICATION
CState of ounty of kook) SS
The u[M1nie d t M1 lmeb a 9 rd hereby dn dedicates ms for public use n e Ion. C s
shown as n
o on
a ''rreaaN a n B'el n a Cpm
'rliTfage oof EoCe opnmy < N n iowosF Gaars
i«n hi n is ottacned°�,a
Doted this day of
NOTARY CERTIFICATE
County of kook) S.S.
OWNER a Notary Pt
bl. 0 and for said
u certify the State Aforesaid. do hereby No
resident ond
subscribed known
ta the forgoing n em
they signed and delivered the foregoing person
instrument as thele m free an voluntary act and as N
Standard Bank sand Trust, as Trustee aforesaid.
voluntary act of the for the uses and purposes therein set forth.
Olsen under my ha. and seal this
day of
Notary Publ.
) GERPFICATE AS TO SPECIAL ASSESSMENTS
Cwrnty o(ICOaok) 5.5.
Lemon t, doh lit that
0 o 5 bad pl
la59 n eof "M1no'ipaa.e
Dated at Lemont. Cook County Illinois this
20
doy of
Village ireasurm
Re No C \PROJECTS—STA34 \1321 —civ —elan \1321— SUR.d.g
Plat of Subdivision
of
South Pointe Subdivision
Lemont, Illinois
BEING A SUBDIVISION OF PART OF SECTION 31, TOWNSHIP
37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN. IN COOK COUNTY, ILLINOIS.
OWNER'S SURFACE WATER DRAINAGE CERTIFICATE
State County of Cook) S.S.
This !o this
knowledge and belief the
drainage of surface waters will not be chanted b f the
construction
of au. ubElMSion or at i so. surface
water nags changed, o uaie Provision d.
for r ns i 4Ile a. surface waters into Mb use, that
such waters .1 not be deposit. on erty of adjoining
domage to the
n
adjovi g property bbecause oftithe construction of the subdivision.
Doted this day of 20
Couniy of Co M3 5.5.
i, Ulnas, he 9e d erlo Of f
seaiea a �Ilnd bo rpea9wt'w`it�ria�$ee °ran. °d ey u< $ :d a1
forte omp�uan its cq y e D Woos
20
) SURVEYOR'S CERTIFICATE
Coate of i11CouN) 5.s.
tuoNp 'Nan the
oI • Mu °eon
E erica R'te lip Emfed Nlo y<MOna9emmtfAgancYton�llietlaad
Given under my hand and seal this 23rd. day of July, 2003.
ItZg s°Professioao Land Sur,.
oa ENGINEER'S SURFACE WATER ORAINACE CERTIFICATE
n o GOaFf N S.S.
•............s �: hO:i:...iII not of nv
Dated Nis 23RD. day of July • A.D. 2003
I�o]1 0 ies°M1Siend Engineer
PLAN COMMISSION CERTIFICATE
�ta1e of Illinois
aunty of CooN S.S.
Plan Commission of the Village of Lemont. Cook
CauntY• IIIlnoiaN°
Dated t L mon< C k C ty Illinois Nis day of
) COUNTY CLERKS CERTIFICATE
Cout' rt': )
y of 5.5.
CI er4 o Cook County,
�ttav ° aln
"oiim�° �d in<me<JePn Ne mne eaeol`
Dated °< Cook County, Illinois. this
day of 20
LEGAL DESCRIPTION:
LOTS 4 AND 5 IN COUNTY CLERK DIVISION OF SECTION 31, TOWNSHIP 37
NORTH. RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN. IN WILL COUNTY
14L19015. (E %CEPIING THEREFROM THOSE PARTS OF SAID LOTS 4 AND 5.
TAKEN AS A TRACT. BOUNDED AND DESCRIBED AS FOLLOWS: THAT PART OF
THE EAST HALF OF SECTION 31 TOWNSHIP 37 NORTH. RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN IN COOK COUNTY. ILLINOIS MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF
SAID SECTION 31: THENCE SOUTH 88 DEGREES 21 MINUTES 42 SECONDS
WEST, ALONG THE NORTH LINE OF THE SOUT.HEAST QUARTER OF SAID SECTION
31, A DISTANCE OF 1168.45 FEET TO A POINT ON THE NORTH UNE OF LOT 5
IN COUNTY CLERK DIVISION, RECORDED ON APRIL 30, 1880 AS DOCUMENT
NUMBER 269448 IN SAID SECTION 31, SAID POINT BEING THE POINT OF
BEGINNING: THENCE SOUTH 29 DEGREES 25 MINUTES 53 SECONDS EAST,
193.62 FEET: THENCE SOUTH 66 DEGREES 42 MINUTES 48 SECONDS EAST.
51.79 FEET: THENCE SOUTH 34 DEGREES 36 MINUTES 17 SECONDS EAST,
188.73 FEET: THENCE SOUTH 03 DEGREES 53 MINUTES 41 SECONDS EAST
61.10 FEET TO THE SOUTH LINE OF SAID LOT 5; THENCE SOUTH 88 DEGREES
21 MINUTES 42 SECONDS WEST, ALONG SAID SOUTH UNE A DISTANCE OF
395.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 5: THENCE NORTH 01
DEGREE 42 MINUTES 14 SECONDS WEST, ALONG THE WEST LINE OF SAID LOT
5 A DISTANCE OF 412.50 FEET TO THE NORTHWEST CORNER OF SAID LOT 5;
'THENCE NORTH 01 DEGREE 28 MINUTES 08 SECONDS WEST. ALONG 1HE WEST
LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 31.
A DISTANCE OF 330.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 4;
THENCE NORTH 88 DEGREES 21 MINUTES 42 SECONDS EAST ALONG THE
NORTH LINE OF SAID LOT 4, FOR A DISTANCE OF 159.77 FEET TO A POINT:
THENCE SOUTH 00 DEGREE 19 MINUTES 08 SECONDS EAST, FOR A DISTANCE
OF 330.09 FEET TO THE POINT OF BEGINNING), ALL IN COOK COUNTY ILLINOIS.
) MLLAGE ENGINEER'S CERTIFICATE
St e<eyf IIICaeisk) S.S
_ e Engineer of the Village of Lemonth to, e ay ieationts thers re m° Ill" 9urn glire� eit% of
Mnage
Doted at Lemont, Cook County. Illinois, this
day of 20
day of
ago engine
NUM. BOARD CERTIFICATE
Apoved by the Lemont Village Board.
Dated at Lemont. Cook County, Illinois. this
20
day of
Mlage v.nieent
EASEMENT PROVISIONS
is hereby NORTHERN ILLINOIS GAS reserved "
COMPANY. its successors a.
assigns. in all plotted "easement. oreas. streets. alleys.
other bile
easement to be for instellatton. maintenance. relocation.
renew000d r of gas mains mot semng all areas shown CM
plat ta not cM1
contiguous llth wof whether structures shall be
constrmited ' or such tr use w. e of PI c nor
a
any
streets, b m eI >ats r ere win
the easements resemee an granted hren
NTS262728.4
TZ701.1.2.1.2000
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DJACIVIL ENGINEERS & SURVEYORS
DAVE JOHNSON end ASSOCIATES. Ltd.
323 S. Hale Sheet Wheato5, IL 60187
ph. 630 752 8600 fee 830 752 9556
5 -508;1: OJA5OLAMxlemet
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MAW
PLAT OF ANNEXATION
TOTHE VILLAGE OF LEMONT, ILLINOIS TOIANSINIT 37 NORTH. RANGE LOTS PARTS AND 5 SAID LOT5Ut AND 5. TANEN1 AS OF TRACT BOUNDED AND 0ESCRDE A5 FOLLOW5 ;5AMETTH PART OF PRINOPAL
EAST ALF OF SECTIONL 31 COUNTY
TONWNSHIP 375NORTN. RANGE 11 ASTT OF THE 11111713
PRINCIPAL MERIDIAN IN CON COUNTY. ILLINOIS MORE PARTICULARLY DESCRIBED AS FDI10w5 COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 31; THENCE SOUTH 88 DEGREES 21
MINUTES 42 SECONDS WEST, ALONG THE NORTH UNE OF 101E SOUTHEAST QUARTER OF SAID 5ECTN 31. A DISTANCE OF 1168.45 FEET TO A POINT N 114E NORTH UNE OF LOT 5 IN COUNTY
CLERK DIVISION. RECORDED ON APRIL 30. 1860 AS DOCUMENT NUMBER 269448 1I SAID SECTION 31. 5Mp PONT BEING THE PONT OF BEGINNING; THENCE SOUTH 29 DEGREES 25 MINUTES 53
SECONDS EAST, 193.62 FEET; THENCE SOUTH 68 DEGREES 42 MINUTES 4B SECONDS EAST. 51.79 FEET: 114ENCE 501.110 34 DEGREES 36 MINUTES 17 SECONDS EAST, 189.73 FEET: THENCE SOUTH
03 OEGREE5 53 MINUTES 41 SECONDS EAST 61.10 FEET TO THE SOUTH LINE OF SAID LOT 5. THENCE SOUTH 88 DEGREES 21 MINUTES 42 SECONDS WEST, ALONG SAO SOUTH LINE A DISTANCE OF
395.00 FEET TO THE SOUTHWEST CORNER OF SMD LOT 5; THENCE NORTH 01 DECREE 42 MINUTES 14 SECONDS WEST. ALONG THE WEST LINE OF SAID LOT 5 A DISTANCE OF 412.50 FEET TO THE
NORTHWEST CORNER OF SAID LOT 5: THENCE NORTH 01 DECREE 28 MINUTES OB SECONDS WEST. ALONG THE WEST UNE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 31 A
DISTANCE OF 330.00 FEETTO THE NORTHWEST CORNER OF SAID LOT 4; THENCE NORTH 88 DEGREES 21 MINUTES 42 SECONDS EAST ALONG THE NORTH UNE OF SAM LOT 4. FOR A INSTANCE OF
159.77 FEET TO A POINT; 'THENCE SOUTH 00 DECREE 19 14150TES 06 SECONDS EAST, FOR DISTANCE OF 33009 FEET TO THE POINT OF BEGINNING), ALL IN COOK MONTY ILLINOIS.
1
81
mt
CORPORATE LIMITS OF THE VILLAGE OF LEMONT
ton
LOTH
"HEREBY ANNEXED"
THIS PLAT HAS BEEN SUBMITTED FOR
RECORDING BY AND RETURN T0:
NAME: MLLAGE OF LEMONT
ADDRESS: 418 MAIN STREET.
LEMNT, ILLINOIS 60439
630 - 257 -1550 PH
630- 257 -1598 FR
OA7E FEBRUARY 4 2003
MEET 1 OF 7
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505010
STATE OF COUNTY OF COCK) 5S
'COUNTY. IR m SUIT a ILLRwIS DO HEREBY CERTIFY
• NOTARY weuc w AND Fw SAID
•ME PERSON WHOSE NAME IS SUBSCRIBE° 1O THE FOROa1G0IER9 171272As.0181 °02:9R,'PRFARE°
BEFORE 19 THS OAR IN Ow AND HOWHSARY ACT FOR THE USES ACKNOWLEDGED THAT HE/99 SET CORN EO PLAT AS T(IR
OVEN UNDER My RANO ANO SEAL INK _-- OAR OF -----.. 2003
NOTARY Hell
C2 Pf RFCmnttt, COTT
RA xH or caCls))ss.- _______ RAS FILED FOR
RECORD Ins ME RECORDERS OFFICE 0, COOK COAT, AFORESAID CH THE _.--
C001.1 CCHRTY RECORDER
°,.,E.H.
1
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11`I5E sill n5 An0 L-Tr7 S n wRaSVbP R2. Oz1pMnmas° weer S HEREOF.
NH... ILLINOIS INIS 4m. °
OWN Ux°m Mr NAND AM AT Ar 0v Or rrenwm , AI. zmT.
ARREN D. MINSCH OFESLO.EAL LAHO 5°R4EYCR 72171
HTY OrUCOMO SS
MHu aBOwO O0°7tX1HT, kUN °AY cF _.- - - - -__ AP. 2Ow.
PRESIOERT
ATTEST NAL. CLEAR
HA NeA,. O \PR0t CTS-5 U34 \1311- o9.L04- R.CARRo \+301ASNEx.RMO
DJA CIVIL ENGINEERS & SURVEYORS
DAVE JOHNSON end ASSOCIATES, Ltd.
323 S. Hata Street Moulton. 1160187
ph. 630 752 8600 OK. 630 7529566
eHTed; DJAIRDJMIEr1e.net
ATTEST:
By:
Village Clerk
OWNERS:
Dan McCarrin Nancy McCarrin
DEVELOPER:
Eagle Ridge Enterprises, Inc.
By:
Officer
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
Commission expires 20
Notary Public
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
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 official seal, this
Commission expires
day of
, 20
Notary Public
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WAS FILED FOR
THIS INSTRUMENT NO.
seal/4 it 'aa?! .05•ZI37
M.l'62P LON
RECORD IN THE RECORDERS OFFICE OF COOK COUNTY AFORESAID ON THE ____
File Name: E: \PROJECTS— STA34\ 1321 — CULLEN— McCARRIN \1321ANNEX.XWD
COOK COUNTY RECORDER