O-65-01 12/10/20010020278'J89
enotronnty Recorder of Deeds
MAR 12 2002. II
VILLAGE OF LEMONT
ORDINANCE NO. 416/0!
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION
AGREEMENT FOR A 47,500 S.F. PARCEL AT 1341 GORDON LANE IN CACHE
LAKE SUBDIVISION AT THE CORNER OF GORDON LANE AND 132ND STREET,
ADJACENT TO THE EAGLE RIDGE SUBDIVISION
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This 10th day of December, 2001
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village of
Lemont, Counties of Cook, Will, and
DuPage, Illinois this 10th day
of December, 2001
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR
A 47,500 SQUARE FOOT PARCEL AT 1341 GORDON LANE IN CACHE LAKE SUBDIVISION AT THE
CORNER OF GORDON LANE AND 132ND STREET, ADJACENT TO THE EAGLE RIDGE
SUBDIVISION
WHEREAS, the legal owners of record of the territory which is the subject of an Annexation Agreement
are 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 "1341 Gordon Lane Annexation Agreement" dated the 10th of December
2001, a copy of which is attached hereto and made a part hereof.
Section 2. That this ordinance shall be in force and effect from and after its passage, approval, and
publication in pamphlet form as provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this 10th day of
December 2001.
John Benik
Debby Blatzer
Peter Coules
Connie Markiewicz
Steven Rosendahl
Jeannette Virgilio
Approved by me this
AYES NAYS PASSED ABSENT
V
tit
M.� '
HARLENE M. SMOLLEN, Village Clerk
of ace , 2001.
RLENE M. S OL N, Village Clerk
Approved as to form:
JOHN ANTONOPOULOS, Village Attorney
ANNEXATION AGREEMENT
ARTICLE TITLE
I. Annexation
II. Zoning and Land Use Restrictions
III. Required Improvements
IV. Streets, Sidewalks, and Miscellaneous
V. Easements and Utilities
VI. Development Codes and Ordinances and General Matters
VII. Approval of Plans
VIII. Notice of Violations
IX. Binding Effect and Term and Covenants Running with the Land
X. Notices
XI. Certificates of Occupancy
XII. Warranties and Representations
XIII. Continuity of Obligations
XIV. No Waiver or Relinquishment of Right to Enforce Agreement
XV. Village Approval or Direction
XVI. Singular and Plural
XVII. Section Headings and Subheadings
XVIII. Recording
XIX. Authorization to Execute
XX. Amendment
XXI. Counterparts
XXII. Curing Default
XXIIL Conflicts Between the Text and Exhibits
XXIV. Severability
XXV. Definition of the Village
XXVI. Execution of this Agreement
EXHIBITS
EXHIBIT TITLE
A. Legal Description of Subject Property
B. Plat of Annexation of Subject Property
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this 10th day of December, 2001, between the
VILLAGE OF LEMONT, a municipal corporation of the Counties of Cook, DuPage and Will, in
the State of Illinois (hereinafter referred to as "VILLAGE ") and Keith and Marianne Yurko
(hereinafter referred to as the "OWNERS "); and,
WHEREAS, the OWNERS are the owners of record of the real estate, the legal description of
which is attached hereto as Exhibit "A" and by this reference made a part of hereof, and,
WHEREAS, the parcel shall hereinafter be referred to as the "TERRITORY"; 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 OWNERS 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 OF LEMONT, 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 execution of
this agreement.
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
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, as
amended, as R -2 Single Family Residence District. 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 Cook County
R -2 Zoning District once the TERRITORY is annexed to the VILLAGE.
2. Building Permits. Within 30 days after receipt of an application by OWNERS 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 OWNERS of the specified conditions.
Any stop order issued by the VILLAGE directing work stoppage on any building or other
improvement on the TERRITORY shall specify the section ofthe VILLAGE's Building Code
allegedly violated by the OWNERS and shall give the OWNERS 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.
3. 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 -2 Single Family Residence
District at the time of the execution of the Agreement shall be denied to the OWNERS, their
successors or assigns, unless the zoning classification of the TERRITORY is amended by the
petition of the OWNERS, 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 -2 Zoning District and permitting the residential development.
III
REQUIRED IMPROVEMENTS
1. Water Supply. OWNERS shall have the right to construct and install at their expense a
connection to the water system of the Village at such time as a water main has been constructed to
the TERRITORY. The connection to the VILLAGE water main 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 furnish water service on the same basis as said services are
furnished to other parts of the VILLAGE.
2. Sanitary and Storm Sewers. OWNERS 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.
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.
IV
STREETS, SIDEWALKS, AND MISCELLANEOUS
1. Streets. All streets required have been developed and approved by the State or Cook
County. The OWNERS and the VILLAGE agree that 132" Street and Gordon Lane Adjacent to
the TERRITORY shall not require further improvement as a condition of this AGREEMENT or
construction of a single - family dwelling on the subject TERRITORY. The parties further
acknowledge and agree that a portion of 132" Street adjacent to the TERRITORY shall be
improved by the developer of the Eagle Ridge subdivision in accordance with engineering plans
approved by the VILLAGE.
Also, OWNERS shall be required to keep all public streets 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 a week, and more often if required by VILLAGE in its sole
judgment. For each day that the streets are not cleaned as required hereunder during construction,
OWNERS shall be subject to a fine as provided in 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. Sidewalks & Parkway Trees. Notwithstanding the VILLAGE subdivision regulations,
OWNERS shall not be required to construct sidewalks along the public rights -of -way, however,
the installation of parkway trees at a maximum spacing of 40 feet shall be required as a condition
of a building permit.
3. Dedications. NO further dedications of right -of -way are required for 132" Street and
Gordon Lane where they abut the TERRITORY. The parties acknowledge and agree that the
OWNERS have conveyed a triangular parcel of property to the developer of the adjacent Eagle
Ridge subdivision, in order to effect proper extension of 132" Street between Eagle Ridge and
Cache Lake subdivision.
V
EASEMENTS AND UTILITIES
The OWNERS agree 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, subject to the provisions of the Subdivision Control
Ordinance, which may serve not only the TERRITORY, but other TERRITORIES in the general
area, if requested by the VILLAGE in the future.
All such easements to be granted shall name the VILLAGE and/or other appropriate
entities designated by the VILLAGE as grantee thereunder. It shall be the responsibility of the
OWNERS to obtain all easements, both on site and off site, necessary to serve the TERRITORY.
All electricity, telephone, cable television and gas lines shall be installed underground, the
location of which underground utilities shall be at the OWNERS' option, upon approval of the
respective utility company.
VI
DEVELOPMENT CODES AND ORDINANCES AND GENERAL MATTERS.
Except to the extent that departures from VILLAGE regulations are authorized in this
AGREEMENT, construction on TERRITORY annexed 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 shall be in accordance with the then existing
ordinances of the VILLAGE or 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 of Lemont at such time. All fees, etc. set forth under the various ordinances of the
VILLAGE shall be paid by the OWNERS at the rate set forth in the VILLAGE ordinances at the
time each permit is issued.
The OWNERS agree not to let debris or excessive construction waste accumulate on the
TERRITORY. OWNERS' shall, within ten (10) days of notification of a violation by the
VILLAGE, remove all debris from the locations as specified by the VILLAGE. If debris is not
removed within this time period, the VILLAGE shall have the right to draw upon the Letter of
Credit provided for in this Agreement to remove any such debris on the TERRITORY. The
VILLAGE will not draw upon the Letter of Credit if the OWNERS remove the debris as directed
by the VILLAGE within the ten (10) day notice period.
VII
APPROVAL OF PLANS
VILLAGE agrees to expeditiously take action to approve or disapprove all plans submitted
to VILLAGE by the OWNERS. IF VILLAGE shall determine that any such submission is not in
substantial accordance with this AGREEMENT and applicable ordinances, the VILLAGE shall
promptly notify the OWNERS in writing of the specific objection to any such submission so that
the OWNERS can make any required corrections or revisions.
VIII
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 allegedly violated by OWNERS, so the
OWNERS may forthwith proceed to correct such violations as may exist. Moreover, the
OWNERS 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 OWNERS 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.
IX
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'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 granting of easements 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.
X
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 OWNERS:
Mr. and Mrs. Keith Yurko
1206 Arbor Drive
Lemont, IL 60439
Or such other addresses that any party hereto may designate in writing to the other parties pursuant
to the provisions of this Section.
XI
CERTIFICATES OF OCCUPANCY
1. Within five (5) days after request by OWNERS 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 conditional occupancy permits for structures between
November 1st and June 1 if weather prevents the OWNERS 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 conditional occupancy permit, the OWNERS
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.
XII
WARRANTIES AND REPRESENTATIONS
The OWNERS represent and warrants to the VILLAGE as follows:
1. That identified on page 3 hereof are the OWNERS as legal title holders.
2. That the OWNERS propose to develop the TERRITORY in the manner
contemplated under this Agreement.
3. That other than the OWNERS, no other entity or person has any interest in the
TERRITORY or its development as herein proposed.
4. That OWNERS have 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.
XIII
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,
OWNERS 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
and from any all of such obligations.
XIV
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.
XV
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.
XVI
SINGULAR AND PLURAL
Wherever appropriate in this AGREEMENT, the singular shall include the plural, and the
plural shall include the singular.
XVII
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.
XVIII
RECORDING
A copy of this AGREEMENT and any amendments thereto shall be recorded by the
VILLAGE at the expense of the OWNERS within 30 days after the execution hereof.
XIX
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 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.
XX
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.
XXI
COUNTERPARTS
This AGREEMENT may be executed in two or more counterparts, each of which taken
together, shall constitute one and the same instrument.
XXII
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.
XXIII
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.
XXIV
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.
XXV
DEFINITION OF 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.
XXVI
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 3 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.
ATTEST:
B
Village Clerk
VILLAGE OF LEMONT
An Illinois Municipal Corporation
Agitati
if
Village Pres
Marianne Yurko
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 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 10th day of
December 2001.
Commission expires , 200_
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.
GIVEN under my hand and official seal, this 10th day of December
2001.
Commission expires , 200
Notary Public
EXNtB 1T' `A`,`
YURKO LEGAL DESCRIPTION
LOT 4 IN CACHE LAKE SUBDIVISON (BEING A SUBDIVISION OF PART OF THE NORTHEAST
1/4 OF SOUTHEAST 1/4 OF SECTION 31 TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN AS PER PLAT THEREOF REGISTERED IN THE OFFICE OF THE
REGISTRAR OF TORRENS TITLES OF COOK COUNTY, ILLINOIS, ON SEPTMEBER 25, 1989 AS
DOCUMENT NUMBER. 3827285, ALL IN COOK COUNTY, ILLINOIS
PLAT OF ANNEXATION
TO THE VILLAGE OF LEMONT, COOK COUNTY, ILLINOIS.
TOL
LOT
310.2PM(118.00'R)
LOT 12
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