O-55-00 09/11/2000LEMONT
Village of Faith
C
VILLAGE OF LEMONT
ORDINANCE NO —S5- —G D
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 28.5 ACRE PARCEL LOCATED
AT 12990 WEST 131ST STREET
(Heatherwick Property)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This l l th day of September , 2000.
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 l lth
day of September , 2000
AN ORDLNANCE AUTHORIZING THE EXECUTION OF AN
ANti"EXATION AGREEMENT FOR A285 ACRE PARCEL LOCATED
AT 12990 W. 131ST STREET
( Heatherwick Property)
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 Lliinois Municipal Code for the
execution of said agreement have been fully complied with.
NOW, THEREFORE, BE IT ORDALNED BY 1 "HE 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 "HeatherwickfLangheld Annexation
Agreement" dated the of 2000, 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, DU PAGE AND WILL,
ILLINOIS. on this 11th day of September , 2000.
AYES NAYS PASSED ABSENT
John Benik
Debby Blatzer
Keith Latz
Connie Markiewicz
Rick Rimbo
Mary Studebaker
Approved by me this 1 Lth day of
Atte1, �
ARLENE SMOL EN, Village Clerk
ARLENE SMOLLEN, Village Clerk
PRO
V
• 4c41
i l`VA NESKI, Village President
, 2000.
TO FORM
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OILN ANTONOPOULOS, age
Planning Department
Village of Lemont
418 Main Street
Lemont, IL 60439
Attorney
PINs: 22 -35- 401 -006 and 22 -35 -401 -007 HEATHERWICK/LANGHELD PROPERTIES
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this 11th day of September . 2000,
between the VILLAGE OF LEMONT, a municipal corporation of the Counties of Cook, Will and
DuPage in the State of Illinois (hereinafter referred to as `VILLAGE ") and JAMES R.
HEATHERWICK and VIOLA HEATHERWICK (in their individual personal capacities and as
Trustees of the James R. and Viola Heatherwick Revocable Living Trust, dated March 9, 1994)
ERNEST LANGHELD and GLADYS LANGHELD (not personally but as Trustees of the Ernest
L. and Gladys M. Langheld Revocable Living Trust dated March 9, 1994), and FIRST MIDWEST
TRUST COMPANY, not personally but as Successor Trustee u/t/a dated November 5, 1975 and
known as Trust No. (H)72- 12290) , and their respective heirs, successors and assigns (hereinafter
referred to collectively as "OWNERS ").
WHEREAS, JAMES R. HEATHERWICK AND VIOLA HEATHERWICK, as husband
and wife, are the owners of record of the real estate (hereinafter referred to as the "Heatherwick
Homestead ") the legal description of which is attached hereto as Exhibit "A -1" and by this reference
made a part hereof; and,
WHEREAS, JAMES R. HEATHERWICK and VIOLA HEATHERWICK, not personally
but as Trustees of the James R. and Viola Heatherwick Revocable Living Trust, dated March 9,
1994; ERNEST LANGHELD and GLADYS LANGHELD, not personally but as Trustees of the
Ernest L. and Gladys M. Langheld Revocable Living Trust dated March 9, 1994, and FIRST
MIDWEST TRUST COMPANY, not personally but as Successor Trustee u/t/a dated November 5,
1975 and known as Trust No. (H)72- 12290) are collectively owners of record of the real estate
(hereinafter referred to as the " Langheld/Heatherwick Farm "), which real estate lies adjacent and
contiguous to the Heatherwick Homestead, the legal description of which is attached hereto as
Exhibit "A -2" and by this reference made a part hereof. The Heatherwick Homestead and the
Langheld/Heatherwick Farm are hereinafter collectively referred to as the "TERRITORY," and the
legal descriptions set forth in Exhibits "A -1" and "A -2" comprise the entire legal description of the
TERRITORY; and,
WHEREAS, OWNERS have submitted to the VILLAGE duly executed Petitions for
Annexation of the respective properties comprising the TERRITORY; and,
WHEREAS, the parties hereto desire the TERRITORY, which is contiguous to the
VILLAGE, to be annexed to the VILLAGE on the terms and conditions hereinafter set forth; and,
WHEREAS, OWNERS and VILLAGE agree that they will be bound by the terms of this
Annexation Agreement; and,
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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 matter; 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 upon establishing
contiguity to the VILLAGE limits or upon execution of this Agreement.
2. The Plat 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.
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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 B -3 Arterial Commercial District, with approval for the principal permitted uses as
set forth in Exhibit "C" hereto.
2. The parties specifically recognize and acknowledge that:
A. The TERRITORY' s current owners of record have not submitted and do not seek
approval of a site plan for the improvement and development of the TERRITORY.
It is the intent of the TERRITORY's current owners of record to place the
TERRITORY on the open market for future sale to a developer or developers.
Accordingly, it is recognized by the parties that all such plans for future
development of the TERRITORY, including but not limited to any request for a
Special Use Permit for a Planned Unit Development (or other Special Use) and any
request for a variation to the regulations set forth in the VILLAGE Zoning and
Subdivision Codes, Ordinances and Regulations, or any departure from standards
pursuant to a Special Use for a Planned Unit Development, shall be subject to
approval by the VILLAGE following full compliance with all requirements for such
public hearing or hearings or meetings before the Planning and Zoning Commission
and /or the Board of Trustees, as may be appropriate. The VILLAGE reserves the
right to impose and require compliance with any and all reasonable conditions on any
future petitioner for development of the TERRITORY, including but not limited to
site plan and design review approval for any permitted or Special Use requested by
a future owner of the TERRITORY;
B. The design standards and guidelines embodied in the 18 -page document commonly
referred to as "The City of Fort Collins, Colorado Design Standards and Guidelines
for Large Retail Establishments," attached hereto and incorporated herein as Exhibit
"D" (the "Design Standards and Guidelines "), shall be applicable to any retail
commercial development of the TERRITORY, and any petitioner requesting
approval of a retail commercial project for the TERRITORY shall abide by the
Design Standards and Guidelines. In recognition of the flexibility embodied within
said Design Standards and Guidelines, Staff may exercise reasonable discretion in
recommending substitution, relaxation or waiver of certain aspects of the Design
Standards and Guidelines, if, in Staff's opinion, such substitution, relaxation or
waiver will result in a more desirable retail commercial development. Moreover, any
exercise of such discretion by Staff shall be considered as compliant with the overall
philosophy and flexibility of the Design Standard and Guidelines, and shall not
require a formal zoning variation approval process or Annexation Agreement
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amendment approval process;
C. The site plan and design review approval process shall include. at a minimum, design
review and recommendation by Staff and a subsequent review and recommendation
by the Planning and Zoning Commission and approval thereof by the Board of
Trustees; and
D. The Village shall forbear from enforcing any requirement for the submittal of an
application for a Land Use Opinion from the Will -South Cook Soil and Water
Conservation District until such time as a petition for approval of development of
the TERRITORY is filed with the Village.
3. Until such time as the legal title TERRITORY remains in the current owners of
record, or their heirs, successors and assigns, and remains undeveloped:
A. The Heatherwick Homestead may continue to be used for residential purposes;
B. The Langheld/Heatherwick Farm may continue to be used for existing agricultural
purposes; provided, however, at no time shall the TERRITORY be used for
establishment of concentrated animal feed operations or other large -scale
agricultural operations, as same are defined by the Illinois Department of
Agriculture.
C. The VILLAGE shall take the appropriate steps to notify the Lemont Township
Assessor that, for purposes of the VILLAGE real estate tax component of the real
estate tax bill(s) applicable to the TERRITORY, the VILLAGE shall treat the
respective portions of the TERRITORY as residential and agricultural, respectively.
4. 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 principal permitted use under B -3 Arterial Commercial
District shall be denied to the OWNERS of the TERRITORY, unless the zoning classification of the
TERRITORY is amended by the petition of the OWNERS, 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 B -3 Arterial Commercial District.
5. In the event the Langheld/Heatherwick Farm (described on Exhibit A -2 hereto) is
developed prior to and separately from the Heatherwick Homestead (described on Exhibit A -1
hereto), and provided the Heatherwick Homestead continues to be used for residential purposes, the
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following specific minimum development standards shall be applicable to any developer of the
Langheld/Heatherwick Farm, in order to buffer the Heatherwick Homestead from noise, light and
traffic intrusion arising from the Langheld/Heatherwick Farm's development:
A. Landscaped Berm. A berm of four feet in height shall be installed around the eastern
and southern boundaries of the Heatherwick Homestead, with landscaping plantings
to be installed on top of said berm consisting of at least 60% evergreen varieties of
a minimum five (5) feet in height at the time of installation. The landscaping may
be complemented by areas of solid fencing spaced at intervals between "clumps" of
landscaping materials. The purpose of the landscape buffer shall be to minimize the
effects of noise and light (for example: parking lot lighting. stadium lighting or
vehicle headlight) infiltration into the Heatherwick Homestead.
B. Site Lighting. The developer shall design site lighting (for example, parking lot
lighting, non - "backlit" building or monument sign lighting, stadium lighting, etc.)
so as to minimize the effect of light infiltration from the Property into the
Heatherwick Homestead. Where necessary, the developer shall install deflectors or
"shields" to direct lighting down toward the ground or toward the interior of the
property. At no time shall light infiltration at the Property line exceed the Village's
maximum standards for "footcandle" measurements at the Property line.
C. Entranceway Locations. The developer shall position the location of any entrance
drives, traffic circulation lanes and parking lots a minimum distance of one hundred
feet (100') from the boundaries of the Heatherwick Homestead.
D. Loudspeakers, Public Address Systems. The developer shall position any
loudspeakers or public address systems necessary to the use and development of the
Property in such a manner as to minimize noise infiltration into the Heatherwick
Homestead.
To the extent the foregoing standards exceed the standards set forth in the Village's Zoning
Ordinance, Subdivision Regulations, Building Codes, or as otherwise imposed by the Village on the
developer, the foregoing standards shall control. If the Village imposes more stringent standards on
the developer of the Langheld/Heatherwick Farm than the foregoing, the more stringent standards
shall apply.
6. In the event the all or any portion of the TERRITORY is developed for school uses
by Lemont Township High School District 210 (the "District ") in accordance with Item 19 of
Exhibit C hereto, it is contemplated that such school uses will center primarily around the
establishment of athletic facilities that will serve as auxiliary facilities to the primary athletic
facilities located on the grounds of Lemont High School in the VILLAGE. In such event, the
standards set forth below shall apply. To the extent that such standards depart from the strict
application of the provisions of the B -3 Zoning District Classification, the standards set forth below
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shall control, and the appropriate variations from said provisions are hereby granted. Prior to the
improvement of the TERRITORY, the District shall submit for the VILLAGE's review and
approval, which approval shall not be unreasonably withheld, a site plan, a landscape plan, a civil
engineering plan, a photometric plan, and such other plans and specifications as may be reasonably
required in order to properly advise the VILLAGE of the nature and extent of the proposed
improvements. Subject thereto:
A. The District may install "temporary" gravel access drives and off - street parking
areas in advance of permanent asphalt or other hard - surface access drives and parking
areas, provided, however, such permanent asphalt or other hard surfaces shall be
installed not later than six months from the date the TERRITORY is improved and
used for school purposes, weather permitting.
B. The District may install portable outdoor restroom/sanitary facilities, which shall
include self - contained tanks for the collection of waste. The self - contained tanks
shall be emptied on a regular basis by a licensed waste removal service. The number
and location of such restroom/sanitary facilities shall be subject to the reasonable
approval of the VILLAGE. At such time as the TERRITORY is improved with a
permanent habitable structure or structures, the provisions of Paragraph 6C of this
Article II shall control.
C. The District may elect, in its discretion, to install well and septic facilities designed
to serve the needs of the users of the proposed athletic facilities, and, notwithstanding
the provisions of Article IV hereof, there shall be no requirement to connect to
VILLAGE or private (i.e., Citizens Utilities) water and sanitary sewer lines, until
such time as the TERRITORY is improved with a permanent habitable structure or
structures, and said lines are available to the TERRITORY.
D. The District may install parking lot lighting, stadium or "ball- field" type lighting, and
other site lighting, in accordance with a photometric plan to be submitted for the
VILLAGE's reasonable approval.
E. The District shall provide the required on -site stormwater management facilities in
accordance with a civil engineering plan to be submitted for the VILLAGE's
reasonable approval. Said civil engineering plan may include the discharge of
stormwater, subject to appropriate controls, into the existing drainage swales or other
future stormwater management facilities located or to be located within the rights -of-
way of 131st Street and Bell Road.
F. There shall be no requirement to install sidewalks or "parkway" landscaping within
the rights -of -way of 131st Street and Bell Road, until such time as the Village
requests such installation, subject to the following:
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1. Such Village request shall be based on, at a minimum, one of the following
factors: a) the commencement of a major residential construction project on
the property commonly known a the "Zuschlag Property," located to the
northwest of the TERRITORY; b) the commencement of a major commercial
construction project on the property commonly known as the "Callas
Property," located to the north of the TERRITORY; c) an observed and
documented pattern or intensity of use such that, in the reasonable opinion of
the Director of Community Development, warrants the installation of
sidewalks in the interest of the preservation of the health and safety of the
TERRITORY's users.
2. In the event of such request by the Village, the installation of sidewalks and
parkway trees shall take place within eighteen (18) months of such request,
weather permitting.
3. Notwithstanding the foregoing, in the event the District notifies the Village
within the aforesaid eighteen (18) month period that the District has entered
into good faith negotiations with a third party for the sale of all or a portion
of the TERRITORY, the Village agrees that the installation of sidewalks and
parkway trees shall be the responsibility of said third party, provided all or
a portion of the TERRITORY is conveyed to such third party. In the event
the proposed conveyance is not consummated, then the District shall, at its
expense, install the requested sidewalks and parkway trees.
G. The planting of any areas of the TERRITORY designated for grass groundcover may
be accomplished by seeding with hydroseeding techniques or "seed rolls." There
shall be no requirement for the installation of sod in such areas.
H. The District may install one (1) ground mounted sign at such entrance to the
TERRITORY from 131st Street as may be established, and one (1) ground- mounted
sign at such entrance to the TERRITORY from Bell Road as may be established, in
accordance with the provisions of Section XV of the VILLAGE's Zoning Ordinance.
The maximum number of ground - mounted entrance signs for the TERRITORY shall
be limited to two (2).
The Village shall waive: 1) filing and application fees; 2) building permit fees and
3) escrow deposit fees ordinarily associated with the proposed development by the
District, except in the event all or a portion of the TERRITORY is sold to a third
party for commercial development pursuant to this Agreement and the provisions of
the B -3 Zoning District Classification contained in the VILLAGE's Zoning
Ordinance. In such event, the VILLAGE shall look to such developer to pay and be
responsible for all such appropriate fees. Notwithstanding the foregoing, there shall
be no waiver (for both the District and any third party to which all or a portion of the
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TERRITORY may be conveyed) of "out -of- pocket" fees incurred by the Village,
including but not limited to outside consultants to the Village (e.g., consulting
Village Attorney, consulting Village Engineer), fees associated with publication of
notice for zoning hearings, etc.
J. Notwithstanding anything contained in this Paragraph 6 of Article II, in the event the
Heatherwick Homestead continues to be occupied and used for residential purposes
at the time of the District's development of the Langheld/Heatherwick Farm, the
District shall abide by all development standards set forth in Paragraph 5 of Article
II above.
III
REQUIRED IMPROVEMENTS
1. Water Supply. At such time as the TERRITORY is developed, the VILLAGE agrees
to permit connection of the TERRITORY 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. The
VILLAGE shall assist in securing any off -site easements that may be necessary to extend such
service to the TERRITORY. At the election of the OWNERS, same may be connected to water
service provided by Citizens Utilities Company or such other utility company as provides water
service to the area in which the TERRITORY is located.
2. Sanitary and Storm Sewers. At such time as the TERRITORY is developed, 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. OWNERS agree that no surface water is to be discharged
into the sanitary sewerage collection system and will make adequate provisions that this will not
occur. At the election of the OWNERS of the TERRITORY, same may be connected to sewer
service provided by Citizens Utilities Company or such other utility company as provides sewer
service to the area in which the TERRITORY is located.
3. Stormwater Management Facilities. At such time as the TERRITORY is developed,
the stormwater management facilities to be constructed in the TERRITORY shall be maintained by
the developer thereof until such time as maintenance is be turned over to the subsequent owners of
the commercial lots pursuant to a operation and maintenance agreement ( "OMA "). A copy of such
OMA shall be provided to the Village. In emergency situations (or at such times when the
VILLAGE determines that necessary maintenance of the stormwater management facilities is
insufficient), the VILLAGE shall have the right, but not the obligation, to enter upon the
TERRITORY and carry out such measures a may be necessary to correct the insufficient
maintenance or emergency situation. In such case, the developer thereof (or, as the case may be, the
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parties to the OMA) shall be responsible for all costs associated with the work carried out by the
VILLAGE and shall pay all such amounts within thirty (30) days of receipt of the VILLAGE's
invoice for same.
IV
DEDICATION OF ROADWAYS AND ROADWAY IMPROVEMENTS; SIDEWALKS
AND MISCELLANEOUS
1. Roadway Dedications. Improvements. Sidewalks, Parkway Trees. If not already so
dedicated, the OWNERS shall publicly dedicate, upon request of the Village, the rights -of -way
adjacent to the TERRITORY as follows:
A. 131st Street (a 50 -foot width);
B. Bell Road (a 50 -foot width).
Any and all roadway improvements, sidewalks, parkway trees, and other public
improvements in connection with the development of the TERRITORY pursuant to any plans as may
be hereafter approved by the VILLAGE shall be the responsibility of the developer thereof, and shall
not be required of or imposed on the OWNERS.
2. Miscellaneous. At the time the TERRITORY is developed, the cost of any roadway
improvements, sidewalks, parkway trees, and other public improvements to be installed on public
right of way shall be included in the required letter 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 obligation to
provide a letter of credit shall be a requirement of the developer of the TERRITORY, and shall not
be imposed on or required of the OWNERS.
V
EASEMENTS AND UTILITIES
At the time development of the TERRITORY is approved by the VILLAGE, it shall be an
obligation of the developer thereof 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 other
territories in the general area.
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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
of the TERRITORY 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 developer's option, upon approval of the
respective utility company.
VI
CONTRIBUTIONS AND ANNEXATION FEE
At such time as the TERRITORY or any portion thereof is sold by the OWNERS to a third
party for development purposes, the OWNERS shall pay to the VILLAGE, from "closing" proceeds,
the amount of TWO THOUSAND AND 00 /100THS DOLLARS ($2,000.00), which sum is
acknowledged to be a portion of the amount ordinarily payable to the VILLAGE as and for filing
fees for zoning relief, and to defray costs arising from the public hearing and approval process,
including but not limited to costs for publication of notice of public hearings, public hearing fees,
annexation fees, impact fees, fees for staff meeting and staff review time, the Village Attorney's
review fees and other fees, contributions and costs (hereinafter, the "July, 2000 Fees ").
The parties hereto agree and acknowledge that payment of the balance of the July, 2000 fees
shall be postponed until such time as the TERRITORY is developed. At such time, the VILLAGE
may impose on such developer reasonable conditions with regard to payment of the balance of the
July, 2000, together with any additional fees or other contributions assessed or levied by the
VILLAGE against the TERRITORY or the developer thereof arising from such developer's request
for VILLAGE approval of a proposed development plan. The amount then due relative to the
proposed development plan shall be at the same rate and amounts as those assessed or levied against
other territories annexed to the VILLAGE or against other owners or developers who construct
projects in the VILLAGE. If required by the VILLAGE, the developer of the TERRITORY shall
execute a written acknowledgment and that the contributions, dedications, donations and easements
so required are uniquely attributable to, reasonably related to and made necessary by the
development of the TERRITORY.
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VII
DEVELOPMENT CODES AND ORDINANCES AND GENERAL MATTERS
The development of the 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 of the respective
portions of the TERRITORY is issued. Planning and engineering designs and standards, and road
construction and dedication of public improvements, 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.
The construction and installation of the public improvements to be done by a developer of
the TERRITORY may be commenced at any time after such developer has 1) 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 125% of the developer's Engineer's
estimate of the cost of construction and installation of all such improvements as approved by the
VILLAGE Engineer, including all required sidewalks, landscaping and street trees; and 2) received
from the Village a site development permit for such construction activity. At no time shall the Letter
of Credit funds be utilized 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 improvements are completed, upon approval of the VILLAGE Board.
The developer shall not be entitled to obtain building permits, nor any sign permits, and shall
not be entitled to construct any buildings or any other appurtenant facilities unless and until the
proper letter of credit or cash deposit has been made to the VILLAGE, or a cash deposit has been
made to the VILLAGE in accordance with the Regulations of the VILLAGE. The letter of credit
or cash deposit shall specifically include and amount to cover the cost of parkway trees and
sidewalks as required by the VILLAGE Regulations and this Agreement.
The developer, at its own expense and cost, agrees to provide the VILLAGE "as built ",
engineering plans and specifications upon substantial completion of the public improvements
(including but not limited to stormwater management facilities) 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 as part of the development of
the TERRITORY 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
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Engineer or VILLAGE Engineer Consultant has issued his Certificate of Inspection affirming the
improvements have been constructed in accordance with approved Engineering Plans and
Specifications. OWNERS agree 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.
At the time the development of the TERRITORY is approved by the VILLAGE, the
developer shall agree not to let debris or excessive construction waste accumulate on the
TERRITORY. The developer 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 the right to draw upon the Letter of Credit
provided for in this Agreement to remove any such debris on the TERRITORY, notwithstanding that
such debris is located upon public or private property. The VILLAGE will not draw upon the Letter
of Credit if the developer removes the debris as directed by the VILLAGE within ten (10) day of
notice period.
VIII
APPROVAL OF PLANS
VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and
engineering submitted to VILLAGE by the developer of the TERRITORY. 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 developer in writing of the specific
objection to any such submission so that the developer can make any required corrections or
revisions.
IX
NOTICE OF VIOLATIONS
Upon the development of the TERRITORY, 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, so corrections of such violations as may exist can take place.
Moreover, the developer of the TERRITORY 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 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.
12
X
MAINTENANCE BOND
At the time or times of acceptance by the VILLAGE of the installation of any part,
component or all of any public improvement in accordance with this Section, or any other section
of the Agreement, the VILLAGE will require the developer to deposit a maintenance bond in the
amount of five percent (5 %) 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 twelve (12) months 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.
XI
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 the developer's construction activities, and the
developer's successors or assigns and their employees agents, contractors or subcontractors during
the term of this Agreement. The developer shall have no obligation hereunder with respect to
damage resulting from ordinary usage, wear and tear.
XII
BINDING EFFECT AND TERM AND COVENANTS RUNNING WITH THE LAND
This Agreement shall be binding upon and insure to the benefit of the parties hereto,
successor owners of record of the TERRITORY, assignees, lessees and upon any successor
municipal authorities of said VILLAGE and successor municipalities, for a period of 20 years from
the date of execution hereof, and such further period, if any, as may be authorized by state statute.
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.
13
XIII
NOTICES
Unless otherwise notified in writing, all notices, request 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:
For the OWNERS:
with a copy to:
For the DISTRICT:
With a copy to:
Village President
418 Main Street
Lemont, Illinois 60439
2. Village Clerk
418 Main Street
Lemont, Illinois 60439
3. Village Administrator
418 Main Street
Lemont, Illinois 60439
1. Mr. and Mrs. James Heatherwick
12990 West 131st Street
Lemont, Illinois 60439
2. Mrs. Gladys Langheld
12020 Center Drive
Lemont, Illinois 60439
Michael D. Malicki, P.C.
241 South Frontage Road, Suite 42
Burr Ridge, Illinois 60521
Lemont Township High School District # 210
Attn: Superintendent
800 Porter Street
Lemont, Illinois 60439
Scott E. Nemanich, Esq.
Hinshaw and Culbertson
57 North Ottawa Street, Suite 413
Joliet, Illinois 60432
14
and to such other person or place which any party hereto, by its prior written notice, shall designate
for notice to it from the other parties hereto.
XIV
REIMBURSEMENT OF VILLAGE FOR LEGAL AND OTHER FEES AND EXPENSES
1. To Effective Date of Agreement. The VILLAGE shall waive the following expenses
incurred in the preparation and review of this Agreement, and any ordinances, plats, easements or
other documents relating to the TERRITORY:
a. the costs incurred by the VILLAGE for engineering or planning services;
b. all attorneys' fees incurred by the VILLAGE ; and
c. miscellaneous VILLAGE expenses, such as legal publication costs, recording fees
and copying expenses.
2. From and After Effective Date of Agreement. During the period that the
TERRITORY remains undeveloped, there shall be no responsibility or obligation imposed on
OWNERS for the payment of any fees to the VILLAGE relating to this Agreement.
At such time as the TERRITORY is the subject of a petition or other request for development
approvals, any such petitioner shall be required, upon demand by VILLAGE made by and through
its President, to promptly reimburse VILLAGE for all enumerated reasonable expenses and costs
incurred thereafter 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 VILLAGE, commencing at the time such petition or
other request for development approvals is presented, in the administration of the Agreement shall
be evidenced in writing to the petitioner or developer of the TERRITORY upon its request.
Notwithstanding the immediately preceding paragraph, the petitioner or developer shall in
no event be required to reimburse VILLAGE or pay for any expense 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 proceeding against the
OWNERS and/or developer and/or the VILLAGE, which relate to the terms of this Agreement,
then, in that event, the OWNERS and/or developer, as the case may be, on notice from VILLAGE
15
shall assume, fully and vigorously, the entire defense of such lawsuit and all expenses of whatever
nature relating thereto; provided, however;
A. No 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.
B. If the VILLAGE, in its sole discretion, determines there is, or may probably be, a
conflict of interest between VILLAGE and the OWNERS and/or developer, on an issue of
importance to the VILLAGE having a potentially substantial adverse effect on the
VILLAGE, then the VILLAGE shall have the option of being represented by its own legal
counsel. In the event the VILLAGE exercises such option, then the OWNERS and/or
developer, as the case may be, shall reimburse the VILLAGE from time to time for any
expenses, including but not limited to court costs, reasonable attorneys' fees and witnesses'
fees and other expenses of litigation, incurred by the VILLAGE in connection therewith.
The obligation to reimburse VILLAGE under the terms of this subparagraph 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 and /or developer.
In the event the VILLAGE institutes legal proceedings against the OWNERS and/or
developer for violations of this Agreement and secured a judgement in its favor, the court
having jurisdiction thereof shall determine and include in its judgement 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. The OWNERS and/or developer may, in its sole discretion, appeal any such
judgement rendered in favor of the VILLAGE against the OWNERS and/or developer.
XV
WARRANTIES AND REPRESENTATION
The OWNERS represents and warrants to the VILLAGE as follows:
1. That the persons identified on page 1 hereof are the legal title holders and the
OWNERS of record of the TERRITORY.
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
16
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.
XVI
CONTINUITY OF OBLIGATIONS
Notwithstanding any provisions of this Agreement to the contrary, including but not limited
to the sale and/or conveyance of all or any part of the TERRITORY by 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.
During the term of this Agreement, OWNERS waive all rights to initiate and prosecute legal
action against the VILLAGE, its Corporate Authorities, officers. employees and agents, in the event
the TERRITORY is determined to be or becomes involuntarily non - contiguous to the VILLAGE's
corporate boundaries, and waive all right of recovery against the VILLAGE for damages, costs,
expenses due to such involuntary disconnection.
XVII
NO WAIVER OR RELINQUISHMENT OF RIGHT TO ENFORCE AGREEMENT
Failure of any party to this Agreement to insist upon the strict an 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.
XVIII
VILLAGE APPROVAL OR DIRECTION
Where VILLAGE approval or direction is required by this Agreement, such approval or
17
direction means the approval or direction of the Corporate Authorities of the VILLAGE unless
otherwise expressly provided or required by law, and any such approval may be required to be given
only after and if all requirements for granting such approval have been met unless such requirements
are inconsistent with this Agreement.
XIX
SINGULAR AND PLURAL
Wherever appropriate in this Agreement, the singular shall include the plural, and the plural
shall include the singular.
XX
SECTION HEADINGS AND SUBHEADINGS
The section headings or other headings in this Agreement are for general aid of the reader
and shall not limit the plain meaning or application of any of the provisions thereunder whether
covered or relevant to such heading or not.
XXI
RECORDING
A copy of this Agreement and any amendments thereto shall be recorded by the VILLAGE
at the expense of the VILLAGE.
XXII
AUTHORIZATION TO EXECUTE
The President and Clerk of the VILLAGE hereby warrant that they have been lawfully
authorized by the VILLAGE Board of the VILLAGE to execute this Agreement. The 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,
18
partnership agreements, letters of direction or other documents required to legally evidence the
authority to so executed this Agreement on behalf of the respective parties.
XXIII
AMENDMENT
This Agreement sets forth all the promises, inducements, agreements, conditions and
understandings between the parties hereto relative to the subject matter thereof, and there are no
promises, agreements, conditions or understandings, either oral or written, express or implied,
between them, other than are herein set forth. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto
unless authorized in accordance with law and reduced in writing and signed by them.
XXIV
COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which taken together,
shall constitute one and the same instrument.
XXV
CURING DEFAULT
Unless specifically stated elsewhere in this Agreement, the parties to this Agreement reserve
a right to cure any default hereunder within fifteen (15) days from written notice of such default.
XXVI
CONFLICT BETWEEN THE TEXT AND EXHIBITS
In the event of a conflict in the provisions of the text of this Agreement and the Exhibits
attached hereto, the text of the Agreement shall control and govern.
19
YXVII
SEVER .BILITN"
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 exercised here from and the invalidity thereof shall
not affect any of the other provisions contained herein, and such judgement or decree shall relieve
VILLAGE from performance under such invalidity thereof shall not affect any of the other
provisions contained herein, and such judgement or decree shall relieve VILLAGE from
performance under such invalid provision of this Agreement.
XXVIII
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.
XXIX
EXECUTION OF THIS 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 cause
year first above written.
ATTEST:
B
harlene M. Smollen, Village Clerk
VIL
an
• this Agreement to be executed on the day and
01,
, _∎ ■
i$1,
11I'.7 wasn- . "i age 'resident
E OF LEMONT
is Municipal Corporation
20
OWNER OF THE HEATHERWICK HOMESTEAD:
Jan} R. Heatherwick, individually and as Trustee aforesaid
Viola Heatherwick, individually and as Trustee aforesaid
21
OWNERS OF THE LANGHELD/HEATHERWICK
FARM
Ernest L. Langheld, in iI' idually and as Trustee aforesaid
Langheld, in
vidually and as Trustee aforesaid
s R. Heatherwick, individually and as Trustee aforesaid
Viola Heatherwick, individually and as Trustee aforesaid
FIRST MIDWEST TRUST COMPANY, not personally but
as Successor Trustee ,aforesaid
By:
Its:
Attest:
Its:
Get
PINs: 22 -35- 401 -006 and 22 -35 -401 -007
Prepared By:
Michael D. Malicki, P.C.
241 South Frontage Road, Suite 42
Burr Ridge, Illinois 60525
630 - 789 -6994 630 - 789 -6985 (fax)
After Recording Mail To:
Village Clerk
Village of Lemont
418 Main Street
Lemont, Illinois 60439
630 - 257 -1550
22
SCHEDULE OF EXHIBITS
Exhibit A: Legal Description
Exhibit B: Plat of Annexation
Exhibit C: Principal Permitted Uses
Exhibit D: Fort Collins, Colorado Design Standards and Guidelines for Large Retail
Establishments
23
EXHIBIT A -1
LEGAL DESCRIPTION OF THE HEATHERWICK HOMESTEAD
THE NORTH 220.00 FEET OF THE EAST 215.00 FEET OF THE WEST 615.00 FEET OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 37
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
PIN: 22 -35 -401 -006
24
EXHIBIT A -2
LEGAL DESCRIPTION OF THE LANGHELD/HEATHERWICK FARM
THE EAST HALF (EXCEPT THE WEST 250 FEET) OF THE NORTH EAST QUAR 1 ER ALSO THE NORTH EAST
QUARTER (EXCEPT THE WEST 250 FEET) OF THE SOUTH EAST QUARTER OF SECTION 35, TOWNSHIP
37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN EXCEPTING THEREFROM THE
FOLLOWING PARCELS:
(1) THE SOUTH 175 FEET OF THE NORTH HALF OF THE EAST HALF (EXCEPT THE WEST 250 FEET)
OF THE NORTH EAST QUARTER; AND
(2) BEGINNING AT A POINT OF INTERSECTION OF THE EAST LINE OF THE WEST 250 FEET OF THE
EAST HALF OF THE NORTH EAST QUARTER AND THE NORTH LINE OF THE SOUTH 175 FEET OF THE
NORTH HALF OF THE NORTH EAST QUARTER, THENCE EAST ALONG THE NORTH LINE SAID SOUTH
175 FEET A DISTANCE OF 100 FEET, THENCE NORTH WESTERLY TO A POINT IN THE EAST LINE OF SAID
WEST 250 FEET WHICH IS 100 FEET NORTH OF THE POINT OF BEGINNING, THENCE SOUTH TO THE
POINT OF BEGINNING ALSO, BEGINNING AT INTERSECTION OF EAST LINE OF WEST 250 FEET OF THE
EAST HALF OF THE NORTH EAST QUARTER AND SOUTH LINE OF THE NORTH HALF OF THE
NORTHEAST QUARTER, THENCE EAST ALONG SAID SOUTH LINE 100 FEET THENCE SOUTHWES 1 ERLY
TO A POINT IN THE EAST LINE SAID WEST 250 FEET WHICH IS 70 FEET SOUTH OF THE POINT OF
BEGINNING, THENCE NORTH TO THE POINT OF BEGINNING; AND
(3) THE EAST 75 FEET OF THE WEST 400 FEET OF THE NORTH EAST QUARTER OF THE SOUTH EAST
QUARTER, ALSO EAST 75 FEET OF THE WEST 400 FEET OF THE SOUTH EAST QUARTER OF THE NORTH
EAST QUARTER (EXCEPT THAT PART THEREOF DESCRIBED AS BEGINNING AT INTERSECTION OF THE
EAST LINE OF THE WEST 250 FEET OF THE SOUTH EAST QUARTER OF THE NORTH EAST QUARTER
AND THE NORTH LINE OF THE SOUTH EAST QUARTER OF THE NORTH EAST QUARTER THENCE EAST
ALONG THE SAID NORTH LINE 100 FEET THENCE SOUTH WESTERLY TO A POINT IN THE EAST LINE
OF SAID WEST 250 FEET WHICH IS 70 FEET SOUTH OF THE POINT OF BEGINNING); AND
(4) EXCEPT THAT PART OF THE NORTH EAST QUARTER OF THE SOUTH EAST QUARTER LYING
EAST OF A LINE 50 FEET WEST OF AND PARALLEL TO THE EAST LINE SECTION (EXCEPT FROM AN
IRON PIN SET IN CONCRETE LOCA I ED AT THE SOUTH EAST CORNER OF THE SOUTH EAST QUARTER
OF THE NORTH EAST QUARTER OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN ALSO BEING THE CENTER LINE INTERSECTION OF BELL AND 131ST STREET;
THENCE NORTH 00 DEGREES 57 MINUTES 16 SECONDS EAST ALONG THE EAST LINE OF THE NORTH
EAST QUARTER A DISTANCE OF 1,322.67 FEET TO THE POINT OF BEGINNING THENCE NORTH 89
DEGREES 28 MINUTES 24 SECONDS WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF THE
NORTH EAST QUARTER OF SAID SECTION 35 A DISTANCE OF 973.51 FEET BEING THE SOUTH RIGHT
OF WAY LINE OF THE COMMONWEALTH EDISON COMPANY THENCE SOUTH 55 DEGREES 39 MINUTES
24 SECONDS WEST A DISTANCE OF 30.61 FEET, THENCE SOUTH 00 DEGREES 53 MINUTES 33 SECONDS
WEST ALONG THE EAST LINE OF THE COMMONWEALTH EDISON COMPANY RIGHT OF WAY A
DISTANCE OF 232.50 FEET; THENCE SOUTH 89 DEGREES 29 MINUTES 25 SECONDS EAST A DISTANCE
OF 998.66 FEET; THENCE NORTH 00 DEGREES 57 MINUTES 16 SECONDS EAST A DISTANCE OF 250 FEET
TO THE POINT OF BEGINNING) IN COOK COUNTY, ILLINOIS.
PIN: 22 -35 -401 -007
25
EXHIBIT A -2
LEGAL DESCRIPTION OF THE LANGHELD/HEATHERWICK FARM
THE EAST HALF (EXCEPT THE WEST 250 FEET) OF THE NORTH EAST QUARTER ALSO THE NORTH EAST
QUARTER (EXCEPT THE WEST 250 FEET) OF THE SOUTH EAST QUARTER OF SECTION 35, TOWNSHIP
37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN EXCEPTING THEREFROM THE
FOLLOWING PARCELS:
(1) THE SOUTH 175 FEET OF THE NORTH HALF OF THE EAST HALF (EXCEPT THE WEST 250 FEET)
OF THE NORTH EAST QUARTER; AND
(2) BEGINNING AT A POINT OF INTERSECTION OF THE EAST LINE OF THE WEST 250 FEET OF THE
EAST HALF OF THE NORTH EAST QUARTER AND THE NORTH LINE OF THE SOUTH 175 FEET OF THE
NORTH HALF OF THE NORTH EAST QUARTER, THENCE EAST ALONG THE NORTH LINE SAID SOUTH
175 FEET A DISTANCE OF 100 FEET, THENCE NORTH WESTERLY TO A POINT N THE EAST LINE OF SAID
WEST 250 FEET WHICH IS 100 FEET NORTH OF THE POINT OF BEGINNING, THENCE SOUTH TO THE
POINT OF BEGINNING ALSO, BEGINNING AT INTERSECTION OF EAST LINE OF WEST 250 FEET OF THE
EAST HALF OF THE NORTH EAST QUARTER AND SOUTH LINE OF THE NORTH HALF OF THE
NORTHEAST QUARTER, THENCE EAST ALONG SAID SOUTH LINE 100 FEET THENCE SOUTHWESTERLY
TO A POINT IN THE EAST LINE SAID WEST 250 FEET WHICH IS 70 FEET SOUTH OF THE POINT OF
BEGINNING, THENCE NORTH TO THE POINT OF BEGINNING; AND
(3) THE EAST 75 FEET OF THE WEST 400 FEET OF THE NORTH EAST QUARTER OF THE SOUTH EAST
QUARTER, ALSO EAST 75 FEET OF THE WEST 400 FEET OF THE SOUTH EAST QUARTER OF THE NORTH
EAST QUARTER (EXCEPT THAT PART THEREOF DESCRIBED AS BEGINNING AT INTERSECTION OF THE
EAST LINE OF THE WEST 250 FEET OF THE SOUTH EAST QUARTER OF THE NORTH EAST QUARTER
AND THE NORTH LINE OF THE SOUTH EAST QUARTER OF THE NORTH EAST QUARTER THENCE EAST
ALONG THE SAID NORTH LINE 100 FEET THENCE SOUTH WESTERLY TO A POINT N THE EAST LINE
OF SAID WEST 250 FEET WHICH IS 70 FEET SOUTH OF THE POINT OF BEGINNING); AND
(4) EXCEPT THAT PART OF THE NORTH EAST QUARTER OF THE SOUTH EAST QUARTER LYING
EAST OF A LINE 50 FEET WEST OF AND PARALLEL TO THE EAST LINE SECTION (EXCEPT FROM AN
IRON PIN SET IN CONCRETE LOCATED AT THE SOUTH EAST CORNER OF THE SOUTH EAST QUARTER
OF THE NORTH EAST QUARTER OF SECTION 35, TOWNSHIP 37 NORTH. RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN ALSO BEING THE CENTER LINE INTERSECTION OF BELL AND 131ST STREET;
THENCE NORTH 00 DEGREES 57 MINUTES 16 SECONDS EAST ALONG THE EAST LINE OF THE NORTH
EAST QUARTER A DISTANCE OF 1,322.67 FEET TO THE POINT OF BEGINNING THENCE NORTH 89
DEGREES 28 MINUTES 24 SECONDS WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF THE
NORTH EAST QUARTER OF SAID SECTION 35 A DISTANCE OF 973.51 FEET BEING THE SOUTH RIGHT
OF WAY LINE OF THE COMMONWEALTH EDISON COMPANY THENCE SOUTH 55 DEGREES 39 MINUTES
24 SECONDS WEST A DISTANCE OF 30.61 FEET, THENCE SOUTH 00 DEGREES 53 MINUTES 33 SECONDS
WEST ALONG THE EAST LINE OF THE COMMONWEALTH EDISON COMPANY RIGHT OF WAY A
DISTANCE OF 232.50 FEET; THENCE SOUTH 89 DEGREES 29 MINUTES 25 SECONDS EAST A DISTANCE
OF 998.66 FEET; THENCE NORTH 00 DEGREES 57 MINUTES 16 SECONDS EAST A DISTANCE OF 250 FEET
TO THE POINT OF BEGINNING) IN COOK COUNTY, ILLINOIS.
PIN: 22 -35- 401 -007
25
EXHIBIT "B"
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to
The Village of Lemont
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EXHIBIT C
PRINCIPAL PERMITTED USES
1. Amusement establishments (including, but not limited to bowling alleys, billiard halls,
skating rinks, etc.)
2. Automobile accessory stores
3. Automobile sales (new vehicles only)
4. Banks and Financial Institutions (with Drive - throughs)
5. Banquet Halls
6. Boat and recreational vehicle sales (no service)
7. Catalogue Sales
8. Greenhouses, garden centers and nurseries
9. Hardware stores
10. Home improvement center with fenced in outdoor storage
11. Hospitals, medical centers and medical laboratories
12. Hotels and motels
13. Meat markets, retail only
14. Monument sales
15. Newspaper distribution agencies
16. Restaurants including entertainment
17. Restaurants with drive - through facilities (subject to design standards identified in Section
XII of the Village of Lemont Zoning Ordinance)
18. Schools, commercial or trade
26
19. Schools, public elementary, junior high and high schools, which for purposes of this
Annexation Agreement are hereby determined by the Community Development Director to
be of the same general character as other permitted uses in the B -3 Arterial Commercial
District
20. Temporary Buildings, for construction purposes for a period not to exceed such construction
21. Temporary Uses, upon approval by the Community Development Director not to exceed 90
days
22. Toy Stores
23. Training and conference centers
24. Uses accessory to the above permitted uses
25. Variety Stores
26. Other uses which are of the same general character as the above permitted uses as determined
by the Community Development Director
27. Uses permitted in the B -1 Office/Transitional Business District and B -2 Historic Central
Business District, except dwelling units
27
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PROCEDURE
The following standards and guidelines are intender!. to be used as a aid by developers
arc csi g a.: er- r3 Id_,_icc --,�
o ? developments ccr'^,-,uni: f shcCOinT centers eras us =- by-rig
and as a: _ raluaticn tool byte Cut: start-and the ? a nir:z i ^d Z:,ni .g 3ca.-3 in review
p a Dowses. 1 cese St r.da--'.S and guidelines appiy to
to criteria for Co=urair fR_ c, al Shopping Cerra in
the La rD DEL ELOpM T
GUMAYC+„ SYSTtit as Planned Lint Deveicp.=ents aad to all projec,s fort -:ail �tabiis�zra .
of more than 25,CCO square fret as uses -by -right "Standards" de:acti4 by T
"Guide/Ines" denoted by (o) mandatory, Y i �� �` mandatory;
•� arc net but are provided in order to educate tans deli
consul===, developers and Ciry s•-f ab ut the desig-- cb e -d p '
j -'��. These staa.da.�s and guidelines
a.-_ to be used in conjunction with the D/.ielcr --•t Critera of the 1:_D G.S.
The ?Iar.r.g and Zoning Beard Ls -i w to grant variances to th.e mandatory (+) sandards
undue the following c rcuir ^cps:
I. The strict application of the st. daa ri would result in peculiar a.;d exceptional practical
dig_ ;r.:l :ies cr :--cce•,dcral and undue hardship upon the owner c the affected
property; or
. :., a. :_ ...i . _ 5.._ '?. r: ": z.d building design 8 --,
` � ��-- �Ca..2c :. r.'_ceJ :::e design obj,ct :v-
St3te:, a- _S 25
bent than would cornniiz -'ice with t::e sano:24-c ; z.zd
tithe: of the fc.%-egoilaz alzy b granted ��, d w :u ?Cut substantial t0 he public good. -
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ARTICLE I. AES'i H:TIC CHARACTER
1. Facades and Esterioru'al.IS:
.\ _ ^C.: ' --icul reduce the e the :_S �'.. G _a 3 ;ed CO r v: .�35�; � S.:�I 3.:d ;.: L221Iivr"'+.�
.. -_r.cna: ::air :1"..,id r.gs and rrc'r:d: visual inters: that will be cons-is-Lent
id_n.. y, character and scale. The ir. :e t is to encourage a ruler: human sca1C
:.a: -c.. Ccllirs r:s:__at; •:.::I ;e able to ide:.tifywith theircor:nunity (o)
S AXDA3J: (�)
a. =_ d= grrter than I C0 feet in length, rr ensure horizontally, shall
nt:7crate wail rune r' lieo:ion.s or recesses hav*iig a depth of at least 3%
cf the length cf the facade and extending at Iess 20 pe ;e t of t e l Q h of
Facade. No gr intee.-- e g any facade shall exceed 100
^cricr.t31 feet.
Crc.urd floor facades that face public s -.e.s shall have ar =des, display
windows, entry arcs, awnings, or other such fmr...': w along no less than 60
:e::en: cfthei; horizontal length.
3t
.tea
;r_jec:icrs / recesses s.'aii =r.,crise at least
ZC% ct facade length wi;.h a ,r.inir. s.:-1 depth cf
3% of facade :erg
ElirRY AREAS
trazir s• °eatr is 3 as ese ru: =l _C% rd Vital facade 'e-rg
fcr ary ` acade act. .trt, 3 :t:GEic si`:'�'
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•
2. SmaIIet Rtta$ State::
CUIDELI E: The preseno of smaller r= 1 s=ot -dives ac,-t=iter aigearaac by
=caring variety, breaidng up large expanses, and expm:ding the range of the site's activities.
windows and window displays of such stores s-:ould be used to contribute to the visual inter= of
exterior f acades. The standards prestrited in this section are directed toward those situations where
•
acdidcral, =uric- s-crs, with separate, exterior customer er.tranc es are Ices: in principal
buildings. (o)
STANDARD: ( +)
Where principal buildings contain additional, separately evncd star= which
occupy less than tweri y five thousand (25,0OO) square fee: of gross fluor area,
with separate, exterior customer =t; ancs
a_ The street Ievel facade of such sor= shat ce transparent between the height
of three feet and eight feet above the walkway grade for no Ins than 60
pert of the. horizcnt31 Ieng.h or the building facade of such additional
stars
b. Windows shall be ; ec=.sed and should include visually prorain1t
s;u_ ers, or other such forms af.:az:irg
2
3. Detail Features~
GULDE_LNZE: B-eIdings should w &-ehit=tral fcars= andrs thatpravideiisaal
a: do wale o f t� - cw-z r .c: �e a.zbc --if-x..4,- aad ; cog iocatcharacten The
==^ e= .:e . 111c^+r.n g >.:�.� Ct: .^�...�' :i J Ci at. I:end ng fabric, and not
cr ;ate* Co)
STANDARD: ( -)
3•�:! c��r_Z
fa=d= ors: ^ c ed_' a . =: g ;ate^ ;ha: s.an Linde no less
t i th--- of the e.==ts listed oelow. A: I=st one of ±e se. ?=eats
aor' tai; ..A.1 dart .re ear. at int -^rats ci no =cr than
t: iry (3 0) fee.; eth=hoth=nrry a v cafly.
• Coicr -.h .
_x-.,.resor. or arc- i::t".c..ml cr :.c al Cif through a cilmge T.a
I e no less ''n r, T ? CuZ ',y� d' SLCI: 35 3r► offset, , : G'iI, cI'
... I:ST:CZ 0 _- Cr ' v _ 3
•
3
4. Roofs:
GLTID`I.I : kari.a,:ions rcofl es should be red to add ii-r= : to, had rx o the massive
scale of, Ia ge d w s. Roc: f ^.s o idccal =e: t the t =err adjoiairg
attirbctccds_ (o)
STANDARD: (T)
Roofs t:,afs .ai thza two of tat fc ov,4zag.f .s _
Parets Lc I g fiat roofs and rcot.cp such as F? V_ &C Baits
f = public The a•. image heist of such pars: cts shat not
ei -" g c".i shall act at y port
c _.c:.._.Y.c1 �e��.:.:c r.,^�c�.IT Cdr.:..:
. --� cf the L *the cr g wall_ Such Baez shall
fmr- e "--te =ice =e-r- .,.ft
Ctr^ g rg er.-- rig :to less ±aa 3 feet past the s er g walls..
c . SicrLag roofs : 3*_ do :ct ^:e the
with au 37=74: slope _ o
=te f a%i
3 feet .�.. �.._�.r�. wt L.... =d T'ms 1 r,S-
e-tt I: c c t c. c-ri.. ::=11 �.
ri-erage erg of the 5 . . ' : ' : w a ll s ,
-7-al to 1 fcct of r_'se fcr tr1
'4.7-2.1 •w^ 1 foot of `+ ^;.al ie for
d. rzzet c: _.cam roof s1c,.e r?-=es_
P arioe: Standards.
4
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7. Back and Side Facades
GU'IDEL.INE: All facades of a building wiiiciz ire-visible from adjoining properties and/or public
s ets should contribute to the pleasing scale features of the building and encourage cog munity
inter don by c _ i a-:o the front facad- (o)
STANDARD: (4)
All building faca.d= which are visible fro= adjoining pmp es and/or public stets shall ==.51y
with the requirements of Article 1 , 1 . of these Design Standards and Guidelines
7
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Article 11.
1. Ent antes:
Sn ± DESIGN AND RELATIONSHIP TO
THE SURROUNDLN; G CONLNITTNITY
'C:.iD E : s:-ct:.`d `� __ - __' -'-� -c . Multiple building
:educe warlcing `:s.anc:s =cam -a;, fa - i a:_ _ _ t
and _ _. : `��_.,, —._ bicycle 3.C�.i fro= public S;C��^'�3,,tt�G•,
provide corrien ".c_ ^ -azcts _-t: a -__� :c��ndi individual ,
" s�.er�, or ideatic:d
de:-...artnents of a store. �.f I _ r�;;c� ='so
. of he unbroken walls
and
ae�ectd ar=s tha: „ -_n <bui G;� aC3 c S CL bordering ^
uses (o)
STANDARD: (=)
Ail sides of a pri,cina' _ _.._ _a:: _ v ___ -r_
thee•.: �1-. -: = .. __ _- = � Lc stmt -� r feat at Ins; one
cuszo ;er ce. w .:v..: a: ---- a_' buiId�._ -__ , :acts :more than two abu
,� -:-. 'tL.*�S public
this `C+'= "':Tent en all an7.:I - •,-:y: :wo sides cf the. including the side of thebufldi
facing the pr'•' =•'V ":.'; and - .^hole ^.C: side of th y _ i,: g fat a a se=nd st ett
= -�
-1 S7CRES
i _
►-
Customer _
Entrance
1,
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Si CR5
T
C=torner
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c.^ tart or r.
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x'13 :1� 3'R__'
Ctt.: r:.er
C�`.iinC2
Exa=tzle C: a de'+' :Lcc ^C::. '�: 5 :."'`-
•.• _.. ::C_S C�. f=or. 3 public
9
2. Parking Lot Odin:at/3n:
• GUIDELDM-Pcuig ar=s should provzde safe, coifichTt,-IriTeifficient a-c—c-s. The-7 aould be
dist:I-blitz:Las:mad Irge tuarings in =L.-- to shorten the.distaa= o o-ther_buildinv.and public
sdaIki and to ree.uce the cvera11 sale of the pav-...e. surface_ I rbuildings are Iccited closer to
str=z, the S1 Crthe cc r:-..ptex Es rtductri, :d-an t-urTic is er.ccarrage:.4, and architeczrral
details take on added inrtxr=nce. (0)
T411 c GE11372-4,1 7)
STANDARD: (+) hai Asa- e4r7itii. Esr R4 s gre.T
No more than 50 pc-cent of the off-sa-e--t parking area for th I be located
between the front facade of the prIncipal building(s) and the pfitetm•y-abutting streets! .
10
3. Back Side
GUIDELINE: 'The rear or sides ofbuiIdings ofteur=ent an =atzractive view of blank walls,
Icadiagareas, storage arms, HYAC Inks; garbage rptacl=, othcsuch fatures_
Archirecrt -al and lands=:i::g fe3 r--= s=:culd r ti - :1= is pacts. (o)
STANDARD: (4)
The =infirm= sr- .{,nck fcr ar, f Euiidi g facade shall be chi., t n �,
line. Where tsc facade - -'S'- - (35) fort from the aearst
facts adjacent rsid- rutial uses, an -rt. fiat pity
containing at a nirimunr -v.. � ��. no Less than 6 feet in hci�it -
" "n tr= planted at intervals of 20 feet on center, or in cIusicrs cr
cluaps shall be provided
11
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Scary oa?prcrj put 'Elorpanoo loop ;a0 '
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S� Pedestrian Flaw=
GUIbELI? i .--Pd
csr fan ac :=s ci1ity op is azr.a- oriented de reIcpz�czs to the acighberh Tic i:noa_ts and e. :ab'ling the d_velcp=ent to prom a : i more
�u intern
sets forth sr.�:: ds :cr: public s:�e «3:'U and internal
access as '.1 3l :edes.:.a.^, Saftr'f, shelter, and
__.......
thereby reducing ia.�
i:r.ag . his section
sfser...s that can
convenience with-in
STkN DARD: ( +)
a Side.,al't; at t s 3 fee: s width shall be provided along all sdes of We let
that ariat a public sr w'-
c Cc..:ii ucus ceoer-an walkways, no less t.^. 3 feet in ':v, • i
Lt., shall
be p':+'iCed fro= public sidewalk or right-of-way to the principal
cuscn er entrance. c: all principal buildings on uhc site_ At a rnir4ni' iii ,
walkways shall connect room points ofpedest7f as activity such as, but not
Iimited to, an sit sops, crossings, building and stare :may points, and
shall fen. e adjoining landscaped areas that includes c=, shr.:bs, bones,
r ICW.T7 beds, and covers, cr other such tw-ials for no tens thm 50
�er -�--• �= 1 --crr�
no I 3 feet s ,'I be orov ded aicr.g .r:e
length _. the ... along any facade r'..a:'.,r.ng our.o :::er entance, and
arc;:; -,, acad_ a1'....,g ubiic pa.-`�ag �--...s. Such sidewalks shall be
iccz=ed a: t� -'�-�- s (6) r'.Ct from the facade o u e building to provide
:=.':^r.g beds for four.da:ivri la.-dsoizg, exc_ot where features such Is
teS ys
yr GIIL • n3� r' cart � Qi the facade_
pedc str � «sik- «ays provided cc:;c ^ance :xith part (b) above
s a I orovidt croteot ion r_a ::reS s.:crl as awnings cr rr zdes
11 feet c Fall ous -:o ::�
me; eances.
V
^ f1
..11 ....e. ;,al pedestrian walkways shall be dis.dnguis;.ed z -orr driving s•.. aces
through :: a ""• of durable, tow maintenance surface mattrials such as
payers, bricks, Cr scored concrete to enhance pedestrian sat:. ^I and comfort,
._tI ear .:r
y �' as ::: 'C ' :.. ^.eS.i of the wallt-A3ys_
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it -:. •
6. Central Features and Community Spaces:
• C� iD 'Buildings should c,:=. at ve a::d inviting pcds.:'.an stele f -:"-z ; rr.a,' and
▪ 3.�...�;�.�.
12.-:=L-acts s and :,a:3C g lcc scud :e ccn igrre:-; tc a:.d L'T'li:'ZrJ -wit i
ccr:'ye:.iently ..� t.�, i'c'..: � des:..' :_ .%s. Sus s. �s and = -ti::' :<- points should
tea•
.... _..'�..._. _ s .._.- -a' carts c _..� : ?_i..c� ��-C'. .. ':, :� s i.'..:'r ^e = r by e^'a
bcrte.
a..--.d :thee 3. _: i :eC::.^31 ete=en s de fl::: ..::C1: r,T +'s and ct: :cr sa':S -.'r3. of
c td =Cf acs
ire pI' 's, ;aucs, and v. -.ndcw s%c pp ing a "..s. rat .- ..n^ua ".S land spa
^c .., a the building nd the center :.it_ T p e:c .unity fabric . (o)
STAND A_R.D: ( -) .
=3_' 7"" tstablishmen: to these
,...-a. -_en:e : cf CC.r.r .rn:ty a.-:. sacs :y r.i c+ -d:::g a: l= s: two of the fol:cv. ng: pazol
sea - a; 3, cedes :aZ with bench=, ,__seer na..cn __nee , 7,i—flow s o g ccued :r
playground ar , kiosk arm, water fttac cicck tc -ric;, cr c::_e: s-ucb d_ :ibe:ately
�cr a f� " that, t the .. ent c the ? .. g 1.. 7.;:ni .g Scant-
-
a...� a -d " -.� Lea ^.:iC,^.i 3*::C''l.� ,a' in �Ldg_.:._..� t ur.. t3�.iI.II� 3: ,.L.� �Ca..�
adec_.ateiy enhances such co=ity and public spaces.. Any such a. s shall have direr: access
to ... ,. e..._...• and :ta-�� ' ii - d cf =te:fa!s _hat are
��. ^ .^.�:ri sii: n3:.c � .r..t � �. such � shall ...Lt .. �.0 :J �..
.....e :1 :i:ct.�'�: �.�._�. .�.•j v: t.t
s �r
•
of ac".t `3rwt:I numerous S er :al :ea ors and cct..r:nity snace5.
14
7. Devvery /Lascriag Operation=
other uses. (o)
GUIDELINE:Div—Ey wag opaaitoas sliouid aat disazrb adjoining neighborhoods, ads, or
STANDARD: (4)
delivery, Ioading, sh . coal or
cor.:pac:ion, or cthe: such opc:ayors shall be
b -ezl the haws of I c0:CO R.V. and 7:CO A.M. unless the appIicant submits evidence that sound
barriers bettive all a.-=s for such operations effectiv iy r duce noise =missions- to a level of
as measured at the lot Tine of any adjoining property. ��
15
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A28.5 ACRE PARCEL LOCATED
AT 12990 W. 131ST STREET
( Heatherwick Property)
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 known as "HeatherwickfLangheld Annexation
Agreement" dated the of 2000, 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. DU PAGE AND WILL,
ILLINOIS, on this l lth day of September 2000.
AYES NA1S PkSSED ABSF�iT
John Benik
Debby Blatzer
Keith Latz
Connie Markiewicz
Rick Rimbo
. Mary Studebaker
Approved by me this 1 lth day of
ARLENE SMOL
ARLENE SMOLLEN, Village Clerk
, 2000.
EN, Village Clerk
Planning Department
Village of Lemont
418 Main Street
Lemont, IL 60439
VA NESKI, Village President
PINs: 22 -35- 401 -006 and 22 -35- 401 -007 HEATHERWICK/LANGHELD PROPERTIES
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this 11th day of September , 2000,
between the VILLAGE OF LEMONT, a municipal corporation of the Counties of Cook, Will and
DuPage in the State of Illinois (hereinafter referred to as "VILLAGE ") and JAMES R.
HEATHERWICK and VIOLA HEATHERWICK (in their individual personal capacities and as
Trustees of the James R. and Viola Heatherwick Revocable Living Trust, dated March 9, 1994)
ERNEST LANGHELD and GLADYS LANGHELD (not personally but as Trustees of the Ernest
L. and Gladys M. Langheld Revocable Living Trust dated March 9, 1994), and FIRST MIDWEST
TRUST COMPANY, not personally but as Successor Trustee u/t/a dated November 5, 1975 and
known as Trust No. (H)72- 12290) , and their respective heirs, successors and assigns (hereinafter
referred to collectively as "OWNERS ").
WHEREAS, JAMES R. HEATHERWICK AND VIOLA HEATHERWICK, as husband
and wife, are the owners of record of the real estate (hereinafter referred to as the "Heatherwick
Homestead ") the legal description of which is attached hereto as Exhibit "A -1" and by this reference
made a part hereof; and,
WHEREAS, JAMES R. HEATHERWICK and VIOLA HEATHERWICK, not personally
but as Trustees of the James R. and Viola Heatherwick Revocable Living Trust, dated March 9,
1994; ERNEST LANGHELD and GLADYS LANGHELD, not personally but as Trustees of the
Ernest L. and Gladys M. Langheld Revocable Living Trust dated March 9, 1994, and FIRST
MIDWEST TRUST COMPANY, not personally but as Successor Trustee u/t /a dated November 5,
1975 and known as Trust No. (H)72- 12290) are collectively owners of record of the real estate
(hereinafter referred to as the "Langheld/Heatherwick Farm "), which real estate lies adjacent and
contiguous to the Heatherwick Homestead, the legal description of which is attached hereto as
Exhibit "A -2" and by this reference made a part hereof The Heatherwick Homestead and the
Langheld/Heatherwick Farm are hereinafter collectively referred to as the "TERRITORY," and the
legal descriptions set forth in Exhibits "A -1" and "A -2" comprise the entire legal description of the
TERRITORY; and,
WHEREAS, OWNERS have submitted to the VILLAGE duly executed Petitions for
Annexation of the respective properties comprising the TERRITORY; and,
WHEREAS, the parties hereto desire the TERRITORY, which is contiguous to the
VILLAGE, to be annexed to the VILLAGE on the terms and conditions hereinafter set forth; and,
WHEREAS, OWNERS and VILLAGE agree that they will be bound by the terms of this
Annexation Agreement; and,
1
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 matter; 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 upon establishing
contiguity to the VILLAGE limits or upon execution of this Agreement.
2. The Plat 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.
2
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 B -3 Arterial Commercial District, with approval for the principal permitted uses as
set forth in Exhibit "C" hereto.
2. The parties specifically recognize and acknowledge that:
A. The TERRITORY's current owners of record have not submitted and do not seek
approval of a site plan for the improvement and development of the TERRITORY.
It is the intent of the TERRITORY' s current owners of record to place the
TERRITORY on the open market for future sale to a developer or developers.
Accordingly, it is recognized by the parties that all such plans for future
development of the TERRITORY, including but not limited to any request for a
Special Use Permit for a Planned Unit Development (or other Special Use) and any
request for a variation to the regulations set forth in the VILLAGE Zoning and
Subdivision Codes, Ordinances and Regulations, or any departure from standards
pursuant to a Special Use for a Planned Unit Development, shall be subject to
approval by the VILLAGE following full compliance with all requirements for such
public hearing or hearings or meetings before the Planning and Zoning Commission
and /or the Board of Trustees, as may be appropriate. The VILLAGE reserves the
right to impose and require compliance with any and all reasonable conditions on any
future petitioner for development of the TERRITORY, including but not limited to
site plan and design review approval for any permitted or Special Use requested by
a future owner of the TERRITORY;
B. The design standards and guidelines embodied in the 18 -page document commonly
referred to as "The City of Fort Collins, Colorado Design Standards and Guidelines
for Large Retail Establishments," attached hereto and incorporated herein as Exhibit
"D" (the "Design Standards and Guidelines "), shall be applicable to any retail
commercial development of the TERRITORY, and any petitioner requesting
approval of a retail commercial project for the TERRITORY shall abide by the
Design Standards and Guidelines. In recognition of the flexibility embodied within
said Design Standards and Guidelines, Staff may exercise reasonable discretion in
recommending substitution, relaxation or waiver of certain aspects of the Design
Standards and Guidelines, if, in Staffs opinion, such substitution, relaxation or
waiver will result in a more desirable retail commercial development. Moreover, any
exercise of such discretion by Staff shall be considered as compliant with the overall
philosophy and flexibility of the Design Standard and Guidelines, and shall not
require a formal zoning variation approval process or Annexation Agreement
3
amendment approval process;
C. The site plan and design review approval process shall include, at a minimum, design
review and recommendation by Staff and a subsequent review and recommendation
by the Planning and Zoning Commission and approval thereof by the Board of
Trustees; and
D. The Village shall forbear from enforcing any requirement for the submittal of an
application for a Land Use Opinion from the Will -South Cook Soil and Water
Conservation District until such time as a petition for approval of development of
the TERRITORY is filed with the Village.
3. Until such time as the legal title TERRITORY remains in the current owners of
record, or their heirs, successors and assigns, and remains undeveloped:
A. The Heatherwick Homestead may continue to be used for residential purposes;
B. The Langheld/Heatherwick Farm may continue to be used for existing agricultural
purposes; provided, however, at no time shall the TERRITORY be used for
establishment of concentrated animal feed operations or other large -scale
agricultural operations, as same are defined by the Illinois Department of
Agriculture.
C. The VILLAGE shall take the appropriate steps to notify the Lemont Township
Assessor that, for purposes of the VILLAGE real estate tax component of the real
estate tax bill(s) applicable to the TERRITORY, the VILLAGE shall treat the
respective portions of the TERRITORY as residential and agricultural, respectively.
4. 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 principal permitted use under B -3 Arterial Commercial
District shall be denied to the OWNERS of the TERRITORY, unless the zoning classification of the
TERRITORY is amended by the petition of the OWNERS, 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 B -3 Arterial Commercial District.
5. In the event the Langheld/Heatherwick Farm (described on Exhibit A -2 hereto) is
developed prior to and separately from the Heatherwick Homestead (described on Exhibit A -1
hereto), and provided the Heatherwick Homestead continues to be used for residential purposes, the
4
following specific minimum development standards shall be applicable to any developer of the
Langheld/Heatherwick Farm, in order to buffer the Heatherwick Homestead from noise, light and
traffic intrusion arising from the Langheld/Heatherwick Farm's development:
A. Landscaped Berm. A berm of four feet in height shall be installed around the eastern
and southern boundaries of the Heatherwick Homestead, with landscaping plantings
to be installed on top of said berm consisting of at least 60% evergreen varieties of
a minimum five (5) feet in height at the time of installation. The landscaping may
be complemented by areas of solid fencing spaced at intervals between "clumps" of
landscaping materials. The purpose of the landscape buffer shall be to minimize the
effects of noise and light (for example: parking lot lighting, stadium lighting or
vehicle headlight) infiltration into the Heatherwick Homestead.
B. Site Lighting. The developer shall design site lighting (for example, parking lot
lighting, non - "backlit" building or monument sign lighting, stadium lighting, etc.)
so as to minimize the effect of light infiltration from the Property into the
Heatherwick Homestead. Where necessary, the developer shall install deflectors or
"shields" to direct lighting down toward the ground or toward the interior of the
property. At no time shall light infiltration at the Property line exceed the Village's
maximum standards for "footcandle" measurements at the Property line.
C. Entranceway Locations. The developer shall position the location of any entrance
drives, traffic circulation lanes and parking lots a minimum distance of one hundred
feet (100') from the boundaries of the Heatherwick Homestead.
D. Loudspeakers, Public Address Systems. The developer shall position any
loudspeakers or public address systems necessary to the use and development of the
Property in such a manner as to minimize noise infiltration into the Heatherwick
Homestead.
To the extent the foregoing standards exceed the standards set forth in the Village's Zoning
Ordinance, Subdivision Regulations, Building Codes, or as otherwise imposed by the Village on the
developer, the foregoing standards shall control. If the Village imposes more stringent standards on
the developer of the Langheld/Heatherwick Farm than the foregoing, the more stringent standards
shall apply.
6. In the event the all or any portion of the TERRITORY is developed for school uses
by Lemont Township High School District 210 (the "District ") in accordance with Item 19 of
Exhibit C hereto, it is contemplated that such school uses will center primarily around the
establishment of athletic facilities that will serve as auxiliary facilities to the primary athletic
facilities located on the grounds of Lemont High School in the VILLAGE. In such event, the
standards set forth below shall apply. To the extent that such standards depart from the strict
application of the provisions of the B -3 Zoning District Classification, the standards set forth below
5
shall control, and the appropriate variations from said provisions are hereby granted. Prior to the
improvement of the TERRITORY, the District shall submit for the VILLAGE's review and
approval, which approval shall not be unreasonably withheld, a site plan, a landscape plan, a civil
engineering plan, a photometric plan, and such other plans and specifications as may be reasonably
required in order to properly advise the VILLAGE of the nature and extent of the proposed
improvements. Subject thereto:
A. The District may install "temporary" gravel access drives and off - street parking
areas in advance of permanent asphalt or other hard - surface access drives and parking
areas, provided, however, such permanent asphalt or other hard surfaces shall be
installed not later than six months from the date the TERRITORY is improved and
used for school purposes, weather permitting.
B. The District may install portable outdoor restroom/sanitary facilities, which shall
include self - contained tanks for the collection of waste. The self - contained tanks
shall be emptied on a regular basis by a licensed waste removal service. The number
and location of such restroom/sanitary facilities shall be subject to the reasonable
approval of the VILLAGE. At such time as the TERRITORY is improved with a
permanent habitable structure or structures, the provisions of Paragraph 6C of this
Article II shall control.
C. The District may elect, in its discretion, to install well and septic facilities designed
to serve the needs of the users of the proposed athletic facilities, and, notwithstanding
the provisions of Article IV hereof, there shall be no requirement to connect to
VILLAGE or private (i.e., Citizens Utilities) water and sanitary sewer lines, until
such time as the TERRITORY is improved with a permanent habitable structure or
structures, and said lines are available to the TERRITORY.
D. The District may install parking lot lighting, stadium or "ball- field" type lighting, and
other site lighting, in accordance with a photometric plan to be submitted for the
VILLAGE's reasonable approval.
E. The District shall provide the required on -site stormwater management facilities in
accordance with a civil engineering plan to be submitted for the VILLAGE's
reasonable approval. Said civil engineering plan may include the discharge of
stormwater, subject to appropriate controls, into the existing drainage swales or other
future stormwater management facilities located or to be located within the rights -of-
way of 131st Street and Bell Road.
F. There shall be no requirement to install sidewalks or "parkway" landscaping within
the rights -of -way of 131st Street and Bell Road, until such time as the Village
requests such installation, subject to the following:
6
1. Such Village request shall be based on, at a minimum, one of the following
factors: a) the commencement of a major residential construction project on
the property commonly known a the "Zuschlag Property," located to the
northwest of the TERRITORY; b) the commencement of a major commercial
construction project on the property commonly known as the "Callas
Property," located to the north of the TERRITORY; c) an observed and
documented pattern or intensity of use such that, in the reasonable opinion of
the Director of Community Development, warrants the installation of
sidewalks in the interest of the preservation of the health and safety of the
TERRITORY's users.
2. In the event of such request by the Village, the installation of sidewalks and
parkway trees shall take place within eighteen (18) months of such request,
weather permitting.
3. Notwithstanding the foregoing, in the event the District notifies the Village
within the aforesaid eighteen (18) month period that the District has entered
into good faith negotiations with a third party for the sale of all or a portion
of the TERRITORY, the Village agrees that the installation of sidewalks and
parkway trees shall be the responsibility of said third party, provided all or
a portion of the TERRITORY is conveyed to such third party. In the event
the proposed conveyance is not consummated, then the District shall, at its
expense, install the requested sidewalks and parkway trees.
G. The planting of any areas of the TERRITORY designated for grass groundcover may
be accomplished by seeding with hydroseeding techniques or "seed rolls." There
shall be no requirement for the installation of sod in such areas.
H. The District may install one (1) ground mounted sign at such entrance to the
TERRITORY from 131st Street as may be established, and one (1) ground- mounted
sign at such entrance to the TERRITORY from Bell Road as may be established, in
accordance with the provisions of Section XV of the VILLAGE's Zoning Ordinance.
The maximum number of ground - mounted entrance signs for the TERRITORY shall
be limited to two (2).
The Village shall waive: 1) filing and application fees; 2) building permit fees and
3) escrow deposit fees ordinarily associated with the proposed development by the
District, except in the event all or a portion of the TERRITORY is sold to a third
party for commercial development pursuant to this Agreement and the provisions of
the B -3 Zoning District Classification contained in the VILLAGE's Zoning
Ordinance. In such event, the VILLAGE shall look to such developer to pay and be
responsible for all such appropriate fees. Notwithstanding the foregoing, there shall
be no waiver (for both the District and any third party to which all or a portion of the
7
TERRITORY may be conveyed) of "out -of- pocket" fees incurred by the Village,
including but not limited to outside consultants to the Village (e.g., consulting
Village Attorney, consulting Village Engineer), fees associated with publication of
notice for zoning hearings, etc.
J. Notwithstanding anything contained in this Paragraph 6 of Article II, in the event the
Heatherwick Homestead continues to be occupied and used for residential purposes
at the time of the District's development of the Langheld/Heatherwick Farm, the
District shall abide by all development standards set forth in Paragraph 5 of Article
II above.
III
REQUIRED IMPROVEMENTS
1. Water Supply. At such time as the TERRITORY is developed, the VILLAGE agrees
to permit connection of the TERRITORY 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. The
VILLAGE shall assist in securing any off -site easements that may be necessary to extend such
service to the TERRITORY. At the election of the OWNERS, same may be connected to water
service provided by Citizens Utilities Company or such other utility company as provides water
service to the area in which the TERRITORY is located.
2. Sanitary and Storm Sewers. At such time as the TERRITORY is developed, 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. OWNERS agree that no surface water is to be discharged
into the sanitary sewerage collection system and will make adequate provisions that this will not
occur. At the election of the OWNERS of the TERRITORY, same may be connected to sewer
service provided by Citizens Utilities Company or such other utility company as provides sewer
service to the area in which the TERRITORY is located.
3. Stormwater Management Facilities. At such time as the 'TERRITORY is developed,
the stormwater management facilities to be constructed in the TERRITORY shall be maintained by
the developer thereof until such time as maintenance is be turned over to the subsequent owners of
the commercial lots pursuant to a operation and maintenance agreement ( "OMA "). A copy of such
OMA shall be provided to the Village. In emergency situations (or at such times when the
VILLAGE determines that necessary maintenance of the stormwater management facilities is
insufficient), the VILLAGE shall have the right, but not the obligation, to enter upon the
TERRITORY and carry out such measures a may be necessary to correct the insufficient
maintenance or emergency situation. In such case, the developer thereof (or, as the case may be, the
8
parties to the OMA) shall be responsible for all costs associated with the work carried out by the
VILLAGE and shall pay all such amounts within thirty (30) days of receipt of the VILLAGE's
invoice for same.
IV
DEDICATION OF ROADWAYS AND ROADWAY IMPROVEMENTS; SIDEWALKS
AND MISCELLANEOUS
1. Roadway Dedications, Improvements. Sidewalks, Parkway Trees. If not already so
dedicated, the OWNERS shall publicly dedicate, upon request of the Village, the rights -of -way
adjacent to the TERRITORY as follows:
A. 131st Street (a 50 -foot width);
B. Bell Road (a 50 -foot width).
Any and all roadway improvements, sidewalks, parkway trees, and other public
improvements in connection with the development of the TERRITORY pursuant to any plans as may
be hereafter approved by the VILLAGE shall be the responsibility of the developer thereof, and shall
not be required of or imposed on the OWNERS.
2. Miscellaneous. At the time the TERRITORY is developed, the cost of any roadway
improvements, sidewalks, parkway trees, and other public improvements to be installed on public
right of way shall be included in the required letter 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 obligation to
provide a letter of credit shall be a requirement of the developer of the TERRITORY, and shall not
be imposed on or required of the OWNERS.
V
EASEMENTS AND UTILITIES
At the time development of the TERRITORY is approved by the VILLAGE, it shall be an
obligation of the developer thereof 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 other
territories in the general area.
9
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
of the TERRITORY 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 developer's option, upon approval of the
respective utility company.
VI
CONTRIBUTIONS AND ANNEXATION FEE
At such time as the TERRITORY or any portion thereof is sold by the OWNERS to a third
party for development purposes, the OWNERS shall pay to the VILLAGE, from "closing" proceeds,
the amount of TWO THOUSAND AND 00 /100THS DOLLARS ($2,000.00), which sum is
acknowledged to be a portion of the amount ordinarily payable to the VILLAGE as and for filing
fees for zoning relief, and to defray costs arising from the public hearing and approval process,
including but not limited to costs for publication of notice of public hearings, public hearing fees,
annexation fees, impact fees, fees for staff meeting and staff review time, the Village Attorney's
review fees and other fees, contributions and costs (hereinafter, the "July, 2000 Fees ").
The parties hereto agree and acknowledge that payment of the balance of the July, 2000 fees
shall be postponed until such time as the TERRITORY is developed. At such time, the VILLAGE
may impose on such developer reasonable conditions with regard to payment of the balance of the
July, 2000, together with any additional fees or other contributions assessed or levied by the
VILLAGE against the TERRITORY or the developer thereof arising from such developer's request
for VILLAGE approval of a proposed development plan. The amount then due relative to the
proposed development plan shall be at the same rate and amounts as those assessed or levied against
other territories annexed to the VILLAGE or against other owners or developers who construct
projects in the VILLAGE. If required by the VILLAGE, the developer of the TERRITORY shall
execute a written acknowledgment and that the contributions, dedications, donations and easements
so required are uniquely attributable to, reasonably related to and made necessary by the
development of the TERRITORY.
10
VII
DEVELOPMENT CODES AND ORDINANCES AND GENERAL MATTERS
The development of the 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 of the respective
portions of the TERRITORY is issued. Planning and engineering designs and standards, and road
construction and dedication of public improvements, 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.
The construction and installation of the public improvements to be done by a developer of
the TERRITORY may be commenced at any time after such developer has 1) 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 125% of the developer's Engineer's
estimate of the cost of construction and installation of all such improvements as approved by the
VILLAGE Engineer, including all required sidewalks, landscaping and street trees; and 2) received
from the Village a site development permit for such construction activity. At no time shall the Letter
of Credit funds be utilized 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 improvements are completed, upon approval of the VILLAGE Board.
The developer shall not be entitled to obtain building permits, nor any sign permits, and shall
not be entitled to construct any buildings or any other appurtenant facilities unless and until the
proper letter of credit or cash deposit has been made to the VILLAGE, or a cash deposit has been
made to the VILLAGE in accordance with the Regulations of the VILLAGE. The letter of credit
or cash deposit shall specifically include and amount to cover the cost of parkway trees and
sidewalks as required by the VILLAGE Regulations and this Agreement.
The developer, at its own expense and cost, agrees to provide the VILLAGE "as built ",
engineering plans and specifications upon substantial completion of the public improvements
(including but not limited to stormwater management facilities) 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 as part of the development of
the TERRITORY 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
11
Engineer or VILLAGE Engineer Consultant has issued his Certificate of Inspection affirming the
improvements have been constructed in accordance with approved Engineering Plans and
Specifications. OWNERS agree 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.
At the time the development of the TERRITORY is approved by the VILLAGE, the
developer shall agree not to let debris or excessive construction waste accumulate on the
TERRITORY. The developer 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 the right to draw upon the Letter of Credit
provided for in this Agreement to remove any such debris on the TERRITORY, notwithstanding that
such debris is located upon public or private property. The VILLAGE will not draw upon the Letter
of Credit if the developer removes the debris as directed by the VILLAGE within ten (10) day of
notice period.
VIII
APPROVAL OF PLANS
VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and
engineering submitted to VILLAGE by the developer of the TERRITORY. 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 developer in writing of the specific
objection to any such submission so that the developer can make any required corrections or
revisions.
IX
NOTICE OF VIOLATIONS
Upon the development of the TERRITORY, 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, so corrections of such violations as may exist can take place.
Moreover, the developer of the TERRITORY 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 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.
12
X
MAINTENANCE BOND
At the time or times of acceptance by the VILLAGE of the installation of any part,
component or all of any public improvement in accordance with this Section, or any other section
of the Agreement, the VILLAGE will require the developer to deposit a maintenance bond in the
amount of five percent (5 %) 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 twelve (12) months 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.
XI
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 the developer's construction activities, and the
developer's successors or assigns and their employees agents, contractors or subcontractors during
the term of this Agreement. The developer shall have no obligation hereunder with respect to
damage resulting from ordinary usage, wear and tear.
XII
BINDING EFFECT AND TERM AND COVENANTS RUNNING WITH THE LAND
This Agreement shall be binding upon and insure to the benefit of the parties hereto,
successor owners of record of the TERRITORY, assignees, lessees and upon any successor
municipal authorities of said VILLAGE and successor municipalities, for a period of 20 years from
the date of execution hereof, and such further period, if any, as may be authorized by state statute.
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.
13
XIII
NOTICES
Unless otherwise notified in writing, all notices, request 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, Illinois 60439
For the OWNERS:
with a copy to:
For the DISTRICT:
With a copy to:
2. Village Clerk
418 Main Street
Lemont, Illinois 60439
3. Village Administrator
418 Main Street
Lemont, Illinois 60439
1. Mr. and Mrs. James Heatherwick
12990 West 131st Street
Lemont, Illinois 60439
2. Mrs. Gladys Langheld
12020 Center Drive
Lemont, Illinois 60439
Michael D. Malicki, P.C.
241 South Frontage Road, Suite 42
Burr Ridge, Illinois 60521
Lemont Township High School District # 210
Attn: Superintendent
800 Porter Street
Lemont, Illinois 60439
Scott E. Nemanich, Esq.
Hinshaw and Culbertson
57 North Ottawa Street, Suite 413
Joliet, Illinois 60432
14
and to such other person or place which any party hereto, by its prior written notice, shall designate
for notice to it from the other parties hereto.
XIV
REIMBURSEMENT OF VILLAGE FOR LEGAL AND OTHER FEES AND EXPENSES
1. To Effective Date of Agreement. The VILLAGE shall waive the following expenses
incurred in the preparation and review of this Agreement, and any ordinances, plats, easements or
other documents relating to the TERRITORY:
a. the costs incurred by the VILLAGE for engineering or planning services;
b. all attorneys' fees incurred by the VILLAGE ; and
c. miscellaneous VILLAGE expenses, such as legal publication costs, recording fees
and copying expenses.
2. From and After Effective Date of Agreement. During the period that the
TERRITORY remains undeveloped, there shall be no responsibility or obligation imposed on
OWNERS for the payment of any fees to the VILLAGE relating to this Agreement.
At such time as the TERRITORY is the subject of a petition or other request for development
approvals, any such petitioner shall be required, upon demand by VILLAGE made by and through
its President, to promptly reimburse VILLAGE for all enumerated reasonable expenses and costs
incurred thereafter 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 VILLAGE, commencing at the time such petition or
other request for development approvals is presented, in the administration of the Agreement shall
be evidenced in writing to the petitioner or developer of the TERRITORY upon its request.
Notwithstanding the immediately preceding paragraph, the petitioner or developer shall in
no event be required to reimburse VILLAGE or pay for any expense 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 proceeding against the
OWNERS and/or developer and/or the VILLAGE, which relate to the terms of this Agreement,
then, in that event, the OWNERS and/or developer, as the case may be, on notice from VILLAGE
15
shall assume, fully and vigorously, the entire defense of such lawsuit and all expenses of whatever
nature relating thereto; provided, however;
A. No 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.
B. If the VILLAGE, in its sole discretion, determines there is, or may probably be, a
conflict of interest between VILLAGE and the OWNERS and/or developer, on an issue of
importance to the VILLAGE having a potentially substantial adverse effect on the
VILLAGE, then the VILLAGE shall have the option of being represented by its own legal
counsel. In the event the VILLAGE exercises such option, then the OWNERS and /or
developer, as the case may be, shall reimburse the VILLAGE from time to time for any
expenses, including but not limited to court costs, reasonable attorneys' fees and witnesses'
fees and other expenses of litigation, incurred by the VILLAGE in connection therewith.
The obligation to reimburse VILLAGE under the terms of this subparagraph 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 and/or developer.
In the event the VILLAGE institutes legal proceedings against the OWNERS and/or
developer for violations of this Agreement and secured a judgement in its favor, the court
having jurisdiction thereof shall determine and include in its judgement 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. The OWNERS and /or developer may, in its sole discretion, appeal any such
judgement rendered in favor of the VILLAGE against the OWNERS and /or developer.
XV
WARRANTIES AND REPRESENTATION
The OWNERS represents and warrants to the VILLAGE as follows:
1. That the persons identified on page 1 hereof are the legal title holders and the
OWNERS of record of the TERRITORY.
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
16
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.
XVI
CONTINUITY OF OBLIGATIONS
Notwithstanding any provisions of this Agreement to the contrary, including but not limited
to the sale and/or conveyance of all or any part of the TERRITORY by 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.
During the term of this Agreement, OWNERS waive all rights to initiate and prosecute legal
action against the VILLAGE, its Corporate Authorities, officers, employees and agents, in the event
the TERRITORY is determined to be or becomes involuntarily non - contiguous to the VILLAGE's
corporate boundaries, and waive all right of recovery against the VILLAGE for damages, costs,
expenses due to such involuntary disconnection.
XVII
NO WAIVER OR RELINQUISHMENT OF RIGHT TO ENFORCE AGREEMENT
Failure of any party to this Agreement to insist upon the strict an 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.
XVIII
VILLAGE APPROVAL OR DIRECTION
Where VILLAGE approval or direction is required by this Agreement, such approval or
17
direction means the approval or direction of the Corporate Authorities of the VILLAGE unless
otherwise expressly provided or required by law, and any such approval may be required to be given
only after and if all requirements for granting such approval have been met unless such requirements
are inconsistent with this Agreement.
XIX
SINGULAR AND PLURAL
Wherever appropriate in this Agreement, the singular shall include the plural, and the plural
shall include the singular.
XX
SECTION HEADINGS AND SUBHEADINGS
The section headings or other headings in this Agreement are for general aid of the reader
and shall not limit the plain meaning or application of any of the provisions thereunder whether
covered or relevant to such heading or not.
XXI
RECORDING
A copy of this Agreement and any amendments thereto shall be recorded by the VILLAGE
at the expense of the VILLAGE.
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,
18
partnership agreements, letters of direction or other documents required to legally evidence the
authority to so executed this Agreement on behalf of the respective parties.
XXIII
AMENDMENT
This Agreement sets forth all the promises, inducements, agreements, conditions and
understandings between the parties hereto relative to the subject matter thereof, and there are no
promises, agreements, conditions or understandings, either oral or written, express or implied,
between them, other than are herein set forth. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto
unless authorized in accordance with law and reduced in writing and signed by them.
XXIV
COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which taken together,
shall constitute one and the same instrument.
XXV
CURING DEFAULT
Unless specifically stated elsewhere in this Agreement, the parties to this Agreement reserve
a right to cure any default hereunder within fifteen (15) days from written notice of such default.
XXVI
CONFLICT BETWEEN THE TEXT AND EXHIBITS
In the event of a conflict in the provisions of the text of this Agreement and the Exhibits
attached hereto, the text of the Agreement shall control and govern.
19
SCHEDULE OF EXHIBITS
Exhibit A: Legal Description
Exhibit B: Plat of Annexation
Exhibit C: Principal Permitted Uses
Exhibit D: Fort Collins, Colorado Design Standards and Guidelines for Large Retail
Establishments
23
EXHIBIT A -1
LEGAL DESCRIPTION OF THE HEATHERWICK HOMESTEAD
THE NORTH 220.00 FEET OF THE EAST 215.00 FEET OF THE WEST 615.00 FEET OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 37
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
PIN: 22 -35- 401 -006
24
EXHIBIT A -2
LEGAL DESCRIPTION OF THE LANGHELD/HEATHERWICK FARM
THE EAST HALF (EXCEPT THE WEST 250 FEET) OF THE NORTH EAST QUARTER ALSO THE NORTH EAST
QUARTER (EXCEPT THE WEST 250 FEET) OF THE SOUTH EAST QUARTER OF SECTION 35, TOWNSHIP
37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN EXCEPTING THEREFROM THE
FOLLOWING PARCELS:
(1) THE SOUTH 175 FEET OF THE NORTH HALF OF THE EAST HALF (EXCEPT THE WEST 250 FEET)
OF THE NORTH EAST QUARTER; AND
(2) BEGINNING AT A POINT OF INTERSECTION OF THE EAST LINE OF THE WEST 250 FEET OF THE
EAST HALF OF THE NORTH EAST QUARTER AND THE NORTH LINE OF THE SOUTH 175 FEET OF THE
NORTH HALF OF THE NORTH EAST QUARTER, THENCE EAST ALONG THE NORTH LINE SAID SOUTH
175 FEET A DISTANCE OF 100 FEET, THENCE NORTH WESTERLY TO A POINT IN THE EAST LINE OF SAID
WEST 250 FEET WHICH IS 100 FEET NORTH OF THE POINT OF BEGINNING, THENCE SOUTH TO THE
POINT OF BEGINNING ALSO, BEGINNING AT INTERSECTION OF EAST LINE OF WEST 250 FEET OF THE
EAST HALF OF THE NORTH EAST QUARTER AND SOUTH LINE OF THE NORTH HALF OF THE
NORTHEAST QUARTER, THENCE EAST ALONG SAID SOUTH LINE 100 FEET THENCE SOUTHWESTERLY
TO A POINT IN THE EAST LINE SAID WEST 250 FEET WHICH IS 70 FEET SOUTH OF THE POINT OF
BEGINNING, THENCE NORTH TO THE POINT OF BEGINNING; AND
(3) THE EAST 75 FEET OF THE WEST 400 FEET OF THE NORTH EAST QUARTER OF THE SOUTH EAST
QUARTER, ALSO EAST 75 FEET OF THE WEST 400 FEET OF THE SOUTH EAST QUARTER OF THE NORTH
EAST QUARTER (EXCEPT THAT PART THEREOF DESCRIBED AS BEGINNING AT INTERSECTION OF THE
EAST LINE OF THE WEST 250 FEET OF THE SOUTH EAST QUARTER OF THE NORTH EAST QUARTER
AND THE NORTH LINE OF THE SOUTH EAST QUARTER OF THE NORTH EAST QUARTER THENCE EAST
ALONG THE SAID NORTH LINE 100 FEET THENCE SOUTH WESTERLY TO A POINT IN THE EAST LINE
OF SAID WEST 250 FEET WHICH IS 70 FEET SOUTH OF THE POINT OF BEGINNING); AND
(4) EXCEPT THAT PART OF THE NORTH EAST QUARTER OF THE SOUTH EAST QUARTER LYING
EAST OF A LINE 50 FEET WEST OF AND PARALLEL TO THE EAST LINE SECTION (EXCEPT FROM AN
IRON PIN SET IN CONCRETE LOCATED AT THE SOUTH EAST CORNER OF THE SOUTH EAST QUARTER
OF THE NORTH EAST QUARTER OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN ALSO BEING THE CENTER LINE INTERSECTION OF BELL AND 131ST STREET;
THENCE NORTH 00 DEGREES 57 MINUTES 16 SECONDS EAST ALONG THE EAST LINE OF THE NORTH
EAST QUARTER A DISTANCE OF 1,322.67 FEET TO THE POINT OF BEGINNING THENCE NORTH 89
DEGREES 28 MINUTES 24 SECONDS WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF THE
NORTH EAST QUARTER OF SAID SECTION 35 A DISTANCE OF 973.51 FEET BEING THE SOUTH RIGHT
OF WAY LINE OF THE COMMONWEALTH EDISON COMPANY THENCE SOUTH 55 DEGREES 39 MINUTES
24 SECONDS WEST A DISTANCE OF 30.61 FEET, THENCE SOUTH 00 DEGREES 53 MINUTES 33 SECONDS
WEST ALONG THE EAST LINE OF THE COMMONWEALTH EDISON COMPANY RIGHT OF WAY A
DISTANCE OF 232.50 FEET; THENCE SOUTH 89 DEGREES 29 MINUTES 25 SECONDS EAST A DISTANCE
OF 998.66 FEET; THENCE NORTH 00 DEGREES 57 MINUTES 16 SECONDS EAST A DISTANCE OF 250 FEET
TO THE POINT OF BEGINNING) IN COOK COUNTY, ILLINOIS.
PIN: 22 -35 -401 -007
25
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EXHIBIT C
PRINCIPAL PERMITTED USES
1. Amusement establishments (including, but not limited to bowling alleys, billiard halls,
skating rinks, etc.)
2. Automobile accessory stores
3. Automobile sales (new vehicles only)
4. Banks and Financial Institutions (with Drive- throughs)
5. Banquet Halls
6. Boat and recreational vehicle sales (no service)
7. Catalogue Sales
8. Greenhouses, garden centers and nurseries
9. Hardware stores
10. Home improvement center with fenced in outdoor storage
11. Hospitals, medical centers and medical laboratories
12. Hotels and motels
13. Meat markets, retail only
14. Monument sales
15. Newspaper distribution agencies
16. Restaurants including entertainment
17. Restaurants with drive - through facilities (subject to design standards identified in Section
XII of the Village of Lemont Zoning Ordinance)
18. Schools, commercial or trade
26
19. Schools, public elementary, junior high and high schools, which for purposes of this
Annexation Agreement are hereby determined by the Community Development Director to
be of the same general character as other permitted uses in the B -3 Arterial Commercial
District
20. Temporary Buildings, for construction purposes for a period not to exceed such construction
21. Temporary Uses, upon approval by the Community Development Director not to exceed 90
days
22. Toy Stores
23. Training and conference centers
24. Uses accessory to the above permitted uses
25. Variety Stores
26. Other uses which are of the same general character as the above permitted uses as determined
by the Community Development Director
27. Uses permitted in the B -1 Office /Transitional Business District and B -2 Historic Central
Business District, except dwelling units
27
EXHIBIT D
CITY OF FORT COLLINS, COLORADO
DESIGN STANDARDS AND GUIDELINES FOR LARGE RETAIL ESTABLISHMENTS
28
A/-
ORDINANCE NO. PI,
AN ORDINANCE ANNEXING
TO 1HE VILLAGE OF LEMONT, COOK, DuPAGE, AND WILL COUNTIES,
ILLINOIS,
A 28.5 ACRE PARCEL LOCATED AT 12990 W. 131ST STREET
( Heatherwick Property)
WHEREAS, a written petition, signed by the legal owner of record of all land within the
territory hereinafter described, has been filed with the Village Clerk of the Village of Lemont, Cook,
DuPage, and Will Counties, Illinois, requesting that said territory be annexed to the Village of
Lemont; and
WHEREAS, said territory is not within the corporate limits of any municipality, but is
contiguous to the Village of Lemont; and
WHEREAS, legal notices regarding the intention of the Village to annex said territory have
been sent to all public bodies required to receive such notice by State Statute; and
WHEREAS, the legal owners of record of said territories and the Village of Lemont have
entered into a valid and binding Annexation Agreement relating to such territory; and
WHEREAS, all petitions, documents and other necessary legal requirements are in full
compliance with the terms of said Annexation Agreement and with the statutes of the State of Illinois,
specifically ILCS (1994) 65 5/7 -1 -8; and
WHEREAS, it is in the best interest of the Village of Lemont that said territory be annexed
thereto.
NOW, 'THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COOK, DuPAGE AND WILL COUNTIES,
STATE OF ILLINOIS, as follows:
SECTION 1: That the territory described in Exhibit "A" , attached hereto being indicated on
an accurate map of the annexed territory, (which is attached hereto and made a part of this ordinance)
is hereby annexed to the Village of Lemont, Counties of Cook, DuPage, and Will, State of Illinois.
SECTION 2: That the Village Clerk is hereby directed to record with the Recorder of Deeds
and to file with the County Clerk a certified copy of this Ordinance together with an accurate map
of the territory annexed appended to this Ordinance.
SECTION 3: That this ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
PASSED AND APPROVED BY 111E PRESIDENT AND BOARD OF TRUSTEES OF 1H1:
VILLAGE AGE OF LE,MION T, COL '1"IES OF COOK, DuPAGE, AND WILL, IL LLNOIS, on this
t� kin day of 1nn;aq,r (Ovri 2000.
John Benik
Debby Blatzer
Keith Latz
Connie Markiewicz
Rick Rimbo
Mary Studebaker
Approved by me this day of
Attest:
AYES NAY1 PASSED ABSENT
i
i
L1
ENE SMOLLEN, Village Clerk
CHARLENE SMOLLEN, Village Clerk
(APPROVE . AST • FORM
V-iL .I 4
OHN ANTONOPOULOS,%age Attorney
TL
Village Clerk
Village of Lemont
418 Main Street
Lemont, 11 60439
EXHIBIT A
LEGAL DESCRIPTION
THE NORTH 220.00 FEET OF THE EAST 215.00 FEET OF THE WEST 615.00 FEET OF TI-E
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 3
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
PIN: 22-35-401-006
EXHIBIT A -1
LEGAL DESCRIPTION OF THE HE ATHERWICK HOMESTEAD
THE NORTH 220.00 FEET OF THE EAST 21 5.00 FEET OF THE WEST 61 5.00 FEET OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 37
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MMERIDIAN, IN COOK COUNTY,
ILLINOIS.
PIN: 22 -35 -401 -006
20
EXHIBIT A -2
LEGAL DESCRIPTION OF THE L AXGHELD-HE ATHERWICK FARM
EAST HALF (EXCEPT THE WEST 50 FEET) OF THE NORTH t . EAST QUARTER ALSO THE NORTH EAST
Q ARTER (EXCEPT THE :i -EST -=) FEET) OF THE SOUTH EAST QLL.ARTER OF SECTION 35, TOWNSHIP
3" NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN EXCEPTNG THEREFROM THE
FOLLOWING PARCELS:
THE SOUTH 175 FEET OF THE NORTH HALF OF THE EAST HALF (EXCEPT THE WEST 250 FEET)
OF THE NORTH EAST QUARTER: .AND
BEGINNING AT .A POINT OF INTERSECTION OF THE EAST LFNE OF THE WEST 250 FEET OF THE
EAST HALF OF THE NORTH EAST QUARTER AND THE NORTH LINE OF THE SOUTH 175 FEET OF THE
NORTH HALF OF THE NORTH EAST QUARTER. THENCE EAST ALONG THE NORTH LINE SAID SOUTH
175 FEET A DISTANCE OF 100 FEET, THENCE NORTH WESTERLY TO A PONT IN THE EAST LINE OF SAID
WEST 250 FEET WHICH IS 100 FEET NORTH OF THE POINT OF BEGINNING. THENCE SOUTH TO THE
PONT OF BEGINNING ALSO, BEGINNING AT INTERSECTION OF EAST LNE OF WEST 250 FEET OF THE
EAST HALF OF THE NORTH EAST QUARTER AND SOUTH LINE OF THE NORTH HALF OF THE
NORTHEAST QUARTER. THENCE EAST ALONG SAID SOUTH LNE 100 FEET THENCE SOUTHWESTERLY
TO A PONT N THE EAST LNE SAID WEST 250 FEET WHICH IS 70 FEET SOUTH OF THE PONT OF
BEGINNING, THENCE NORTH TO THE POINT OF BEGINNNG:AND
(3 ■ THE EAST 75 FEET OF THE WEST 400 FEET OF THE NORTH EAST QUARTER OF THE SOUTH EAST
QUARTER. ALSO EAST 75 FEET OF THE WEST 400 FEET OF THE SOUTH EAST QUARTER OF THE NORTH
EAST QUARTER (EXCEPT THAT PART THEREOF DESCRIBED AS BEGINNING AT NTERSECTION OF THE
EAST LNE OF THE WEST 250 FEET OF THE SOUTH EAST QUARTER OF THE NORTH EAST QUARTER
AND THE NORTH LNE OF THE SOUTH EAST QUARTER OF THE NORTH EAST QUARTER THENCE EAST
ALONG THE SAID NORTH LINE 100 FEET THENCE SOUTH WESTERLY TO A PONT N THE EAST LINE
OF SAID WEST 250 FEET WHICH IS 70 FEET SOUTH OF THE POINT OF BEGINNING); AND
(4) EXCEPT THAT PART OF THE NORTH EAST QUARTER OF THE SOUTH EAST QUARTER LYING
EAST OF A LINE 50 FEET WEST OF AND PARALLEL TO THE EAST LNE SECTION (EXCEPT FROM AN
IRON PIN SET N CONCRETE LOCATED AT THE SOUTH EAST CORNER OF THE SOUTH EAST QUARTER
OF THE NORTH EAST QUARTER OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN ALSO BEING THE CENTER LNE NTERSECTION OF BELL AND 131ST STREET;
THENCE NORTH 00 DEGREES 57 MINUTES 16 SECONDS EAST ALONG THE EAST LNE OF THE NORTH
EAST QUARTER A DISTANCE OF 1,322.67 FEET TO THE POINT OF BEGINNING THENCE NORTH 89
DEGREES 28 MNUTES 24 SECONDS WEST ALONG THE SOUTH LNE OF THE NORTH HALF OF THE
NORTH EAST QUARTER OF SAID SECTION 35 A DISTANCE OF 973.51 FEET BENG THE SOUTH RIGHT
OF WAY LINE OF THE COMMONWEALTH EDISON COMPANY THENCE SOUTH 55 DEGREES 39 MNUTES
24 SECONDS WEST A DISTANCE OF 30.61 FEET, THENCE SOUTH 00 DEGREES 53 MINUTES 33 SECONDS
WEST ALONG THE EAST LINE OF THE COMMONWEALTH EDISON COMPANY RIGHT OF WAY A
DISTANCE OF 232.50 FEET; THENCE SOUTH 89 DEGREES 29 MINUTES 25 SECONDS EAST A DISTANCE
OF 998.66 FEET: THENCE NORTH 00 DEGREES 57 MINUTES 16 SECONDS EAST A DISTANCE OF 250 FEET
TO THE PONT OF BEGINNING) N COOK COUNTY, ILLINOIS.
PIN: 22- 35 -40I -007
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1
STATE OF ILLINOIS )
SS
COUNTY OF COOK
PETITION FOR AN1iEXATION
TO THE VILLAGE OF LEMMONT, ILLINOIS
TO: THE PRESIDENT, BOARD OF TRUSTEES AND CLERK OF THE VILLAGE OF
LENIONT, COOK. WILL AND DLPAGE COUNTIES, ILLINOIS:
THE UNDERSIGNED PETITIONERS (the "Petitioners"), being the owners of record of
all the land herein requested to be annexed. respectfully represent, under oath, that all conditions
required for annexation to the Village of Lemont (the "Village') pursuant to and in accordance with
the Illinois Municipal Code Chapter 65 ILCS 5/7 -1 -8 are present and does hereby state under oath.
as follows:
1. That the territory (the "Territory") requested to be annexed is described as follows:
(See legal description attached hereto as Exhibit "A" and made a part hereot).
That the Territory is not within the corporate boundaries of any municipality but is
contiguous to the corporate boundaries of the Village. a municipal corporation
organized and existing under the laws of the State of Illinois.
3. That a Plat of Annexation depicting the Territory is attached hereto as Exhibit "B"
and made a part hereof or will be provided prior to adoption of the Ordinance
annexing the Territory.
4. That this Petition is signed by all of the owners of record of all land in the Territory
and at least fifty -one percent (51 (Y0) of the electors residing in the Territory.
5. That annexation of the Territory be made contingent on and subject to the provisions
of an Annexation Agreement between the Village, the Petitioners and the proposed
developer of the Territory, in substantially the same form as is attached hereto as
Exhibit "C" and made a part hereof.
Petition for Annexation to the Village of Lemont
Page 2
WHEREFORE. the Petitioner respectfully requests the Corporate Authorities of the Village
to annex the Territory to the corporate boundaries of the Village.
STATE OF ILLINOIS
COLiTY OF COOK
PETI . ONERS:
f S R. FA $ RWICK, personally and
Trustee of the James R. And Viola
Heatherwick Revocable Living Trust. dated
March 9. 1994
VIOLA HEATHERWICK. personally and as
Trustee of the James R. And Viola
Heatherwick Revocable Living Trust. dated
March 9, 1994
NOTARY'S CERTIFICATE
) SS
)
The undersigned, a notary public in and for the county in the state aforesaid, do hereby certify that
JAMES R. HEATIIERWICK AND VIOLA HEATHER`VICK, who are 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 and as the free and voluntary act of said Trustees. for the uses and
purposes therein set forth.
Given under my hand and notarial seal this . 5 day of JAN ARY, A.D. 2000.
Nor Public
OFFICIAL. SEAL
MICHAEL D MAL.IC:C
NOTARY PUBLIC STATE OF ILLINOIS
MY COMMISSION EX2. ?' s - -,n,,,
ttor's Signature
J_LIES R. HEATHERWICK
Print Name
1 2990 West 131st Street
JOINDER OF ELECTORS
by.C.,e2t)
Address
Lemont. Illinois 60439
City-, State, Zip
Elector's Signature
VIOLA HEATHERWICK
Print Name
12990 West 131st Street
Address
Lemont. Illinois 60439
City. State. Zip
THE FOREGOING CONS1111JTE 100% OF THE ELECTORS RESIDING WITHIN i THE
TERRITORY DESCRIBED IN THE ATTACHED PETITION FOR ANNEXATION