O-1029-96 10/28/96VILLAGE OF LEMONT
ORDINANCE NO.
96889294
. DEPT -01 RECORDING $47.5C
. 116666 IRAN 3238 11/21/96 100.31:000
04664 r
AN ORDINANCE AUTHORIZING' Lid •--96- 839294
COOK COUNTY RECORDER
THE EXECUTION OF AN ANNEXATION AGREEMENT
FOR APPROXIMATELY 2 ACRES
LOCATED AT 16622 127TH STREET
LEMONT, ILLINOIS
(Wrobel)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This day ofa , 1996.
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont Cook, Will awl u ge
Counti : i t ' _ this
day of , 1996.
968
9 94
ORDINANCE NO.
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT
FOR APPROXIMATELY 2 ACRES
LOCATED AT 16622 - 127TH STREET
LEMONT, ILLINOIS
(Wrobel)
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 a test to a do 'fie t known as "WROBEL ANNEXATION
AGREEMENT" dated the day of — G__/��, 1996, (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 LEM T, C S NTIES OF COOK, DuPAGE, AND WILL, ILLINOIS,
on this _day of ,L , 1996.
Barbara Buschman
Alice Chin
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
AYES NAYS PASSED ABSENT
CHAR ENE SMOLLEN, Village Clerk
Approved by me this �,, day of
At
CHAR SMOLLEN, Village Clerk
,1996.
CHARD A.vKWASN KI, Village President
Mail to:
Village Cler
Village of 4. ont
418 Main Street
Lemont, IL 60439
22 -31- 100 -009;
EXHIBIT "A"
THE EAST 2 ACRES OF THE NORTH 9 ACRES OF THE WEST 1/2 OF THE
NORTHWEST 1/4 OF SECTION 31, TOWNSHIP 37 NORTH, RANGE 11 EAST OF
THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PIN #: 22 -31- 100 -009
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EXHIBIT "B"
PLAT OF ANNEXATION
OF
THE EAST 2 ACRES OF THE NORTH 9 ACRES OF THE WEST 1/2 OF THE
NORTHWEST (/A OF SECTION 31, TOWNSHIP 37 NORTH, RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY. ILLINOIS.
217.35,
/, Pt O.° :5/f .A'OA•.:9 9 Al f. ✓ 1F , NEJl /X
C7 (74F .✓O.fLY::47r ;2 Of dfC 1/-17 -.V
STATE OF ILLINOIS)
S.S.
COUNTY OF COOK )
THE TERRITORY DESCRIBED IN THI5 PLAT OF ANNEXATION IS
IDENTIFIED AS THAT INCORPORATED AND MADE A PART OF THE
VILLAGE OF LEMONT, ILLINOIS. BY ORDINANCE NO.
ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF SAID
VILLAGE. ON THIS __ DAY OF 19
81:
VILLAGE PRESIDENT
ATTEST:
VILLAGE CLERK
9 688
4
STATE OF ILLINOIS)
S.S.
COUNTY OF COOK )
APPROVED BY THE MAYOR OF THE VILLAGE OF LEMONT. ILLINOIS. Al
A MEETING HELD THIS _ OAY OF , 19_.
BY:
MAYOR
STATE OF ILLINOIS)
S.S.
COUNTY OF COOK )
I. THOMAS J. CESAL, AN ILLINOIS PROFESSIONAL LAND SURVEYOR,
00 HEREBY CERTIFY THAT THE ANNEXED PLAT 15 AN ACCURATE
REPRESENTATION OF THE TERRITORY INCLUDED IN THE ANNEXAFICN TO
THE VILLAGE OF LEMONT.
DAT7Z;; djI� 01.,, • .Y7P6
ILLINOIS PROFESSIONAL LAND SURVEYOR, 90.2205
For Recorder's Use Only
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this o28VA- day of
oc440G 1996, between the VILLAGE OF LEMONT, a
municipal corporation of the Counties of Cook, DuPage and Will, in
the State of Illinois (hereinafter referred to as "VILLAGE "), and
VICTOR F. WROBEL and WANDA L. WROBEL, his wife (hereinafter
referred to as "OWNER ").
W I T N E S S E T H:
WHEREAS, OWNER is the owner of record of approximately two (2)
acres of real estate (hereinafter referred to as "TERRITORY "), the
legal description of which is as follows:
THE EAST 2 ACRES OF THE NORTH 9 ACRES OF THE WEST HALF OF
THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 37 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK
COUNTY, ILLINOIS.
P.I.N.: 22 -31- 100 - 009 -0000
WHEREAS, OWNER (being the sole owners of the TERRITORY and the
only electors residing thereon) has submitted to the VILLAGE a
Petition for Annexation; 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, OWNER and VILLAGE agree that they will be bound by
the terms of this Annexation Agreement; and
WHEREAS, the VILLAGE will extend its zoning, building, health
and other municipal regulations and ordinances over the TERRITORY,
VILLAGE to the far side of any adjacent highway and includes all of
every highway within the TERRITORY so annexed.
III.
ZONING AND LAND USE RESTRICTIONS
Upon the annexation of the TERRITORY to the VILLAGE, the
parcel shown on the Plat attached as Exhibit "A" shall be
classified under the existing zoning ordinance as B -3 Commercial in
conformance with the Comprehensive Plan as soon as the required
hearings can be reasonably completed. The VILLAGE shall duly adopt
all required ordinances to so classify the TERRITORY.
IV.
EASEMENT
If requested, OWNER agrees to grant VILLAGE a 20 foot wide
construction easement of which a 10 foot width shall be a permanent
utility easement along the TERRITORY's 127th Street frontage at a
location agreed upon by the parties. The construction easement
shall have a duration of no more than two (2) years from the date
it is granted. Any damage to OWNER's septic field caused by the
construction of the water and /or sewer line shall be promptly
repaired by the Village, or their contractors, or connected to the
VILLAGE sewer system at no cost to OWNER. In addition, upon
completion of construction, the VILLAGE shall restore the TERRITORY
to its condition as it existed immediately prior to commencement of
construction, including transplanting or replacing all trees
affected. Also, all electric, gas and telephone utility facilities
shall be repaired, if necessary, at the expense of the VILLAGE.
In consideration for the easement, the OWNER shall receive the
value of one (1) residential water connection and one (1)
residential sewer connection at no charge. In addition, the real
estate taxes for the TERRITORY shall be rebated to the OWNER by the
VILLAGE to the extent the said taxes increase due solely to
annexation and the B -3 zoning classification, and the rebating
shall continue for as long as the OWNER resides on the TERRITORY,
OWNER shall not be obligated by the VILLAGE to connect to the
said water or sewer lines during the term hereof.
V.
DEVELOPMENT
A. Zoning. OWNER understands that property is to be zoned in
the B -3 zoning classification and that their residential use on the
TERRITORY becomes a nonconforming use upon the change to the B -3
-3-
9'6,89, 94
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 adjacent highway as provided by law and shall include all of
every highway so annexed; and
WHEREAS, the parties desire, pursuant to 65 ILCS 5/11 - 15.1 -1,
et seq., of the Illinois Revised Statutes, to enter into an
Agreement with respect to Annexation of the TERRITORY and various
other matters; and
WHEREAS, the necessary hearing has been conducted with the
VILLAGE OF LEMONT Plan Commission with respect to the zoning
provisions herein; and
WHEREAS, pursuant to the provisions of the Compiled Statutes,
the corporate authorities of said VILLAGE have duly fixed a time
for and held a hearing on this Annexation Agreement and have given
notice of said hearing; and
WHEREAS, the corporate authorities of the VILLAGE have
considered the Annexation and development of the TERRITORY
described in the Petition and have determined that the best
interests of the VILLAGE will be met if the TERRITORY is annexed to
the VILLAGE and developed in accordance with the provisions of this
Agreement.
NOW, THEREFORE, in consideration of the foregoing and of the
mutual covenants hereinafter contained, the parties agree as
follows:
I.
PREAMBLE
The preamble is a part of this Agreement.
II.
ANNEXATION
1. Subject to the provisions of 65 ILCS 5/7 et seq., the
parties hereto respectively agree to do all things necessary or
appropriate to cause the TERRITORY to be validly annexed to the
VILLAGE as promptly as possible upon the execution of this
Agreement.
2. The Plat of Annexation of said TERRITORY is attached
hereto as Exhibit "A ". Said Plat extends the new boundaries of the
-2-
4:`04
District. The OWNER (including their descendants and next of kin)
may continue to use the house and TERRITORY as for residential
purposes as long as the OWNER (including their descendants and next
of kin) resides in said house. OWNER (including their descendants
and next of kin who reside in the house) may rebuild, repair,
improve or remodel the existing house during the time the OWNER
and /or OWNER's next of kin reside in said house.
All use of the TERRITORY after residential use thereof ceases
shall be in accordance with the B -3 District regulations and other
VILLAGE ordinances then in effect, except as otherwise provided
herein.
B. Billboards prohibited. No billboard shall be constructed
on the TERRITORY during the term of this Agreement.
VI.
NOTICE
Unless the VILLAGE is otherwise advised by the OWNER in
writing, all notices required hereunder shall be delivered to the
OWNER by certified mail, return receipt requested, at the following
addresses:
OWNER:
With Copy To:
VILLAGE:
With Copy To:
Victor F. and Wanda L. Wrobel
16622 - 127th Street
Lemont, Illinois 60439
E. Kenneth Friker
Attorney at Law
KLEIN, THORPE AND JENKINS, LTD.
180 N. LaSalle Street - Suite 1600
Chicago, Illinois 60601
Village Clerk
Village of Lemont
418 Main Street
Lemont, Illinois 60439
John Antonopoulos, Village Attorney
Law Offices of ANTONOPOULOS, VIRTEL
& GROSELAK, P.C.
15419 - 127th Street, Suite 100
Lemont, Illinois 60439
VII.
TERMS OF THIS AGREEMENT
This Agreement shall be binding upon all the parties hereto,
their respective successors and assigns for a period of twenty (20)
-4-
years. All of the terms and conditions provided herein shall run
the land.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed on the day and year first above written.
ATTEST:
Village "Clerk
VI AGE OF LEMONT and the
C
orate Authorities Thereof
0/4-14)1(
VICTOR F. WROB L
gh_
WANDA L.`WROBEL
ACKNOWLEDGEMENTS
STATE OF ILLINOIS )
SS.
COUNTY OF C 0 0 K )
I, the undersigned, a Notary Public, i and for the County and
State aforesaid, DO HEREBY CERTIFY that ; cek k Kttt ��[«
personally known to me to be the President of the Village of
Lemont, and %G -10 „0, 1aP , personally known to me to
be the Village Clerk of said municipal corporation, and personally
known to me to be the same persons whose names are subscribed to
the foregoing instrument, appeared before me this day in person and
severally acknowledged that as such President and Village Clerk,
they signed and delivered the said instrument and caused the
corporate seal of said municipal corporation to be affixed thereto,
pursuant to authority given by the Board of Trustees of said
municipal corporation, as their free and voluntary act, and as the
free and voluntary act and deed of said municipal corporation, for
the uses and purposes therein set forth.
GIVEN under my hand and official seal, this ac” day of
(961cohoi , 1996.
Commission expires
ROSEMAY YATES
MY COMMISSION EXPIRES 9.12.2000
4CctSOyviro �
NOTARY
S
iBLIC
STATE OF ILLINOIS )
SS.
COUNTY OF C 0 0 K )
I, the undersigned, a Notary Public, in and for the County and
State aforesaid, DO HEREBY CERTIFY that the above -named VICTOR F.
WROBEL and WANDA L. WROBEL, his wife, personally known to me to be
the same persons whose names are subscribed to the foregoing
instrument, appeared before me this day in person and acknowledged
that they signed and delivered the said instrument as their own
free and voluntary act for the uses and purposes therein set forth.
GIVEN
(?(11,c.L.
under my hand and official
, 1996.
Commission expires
EKF:cmy 3/20/96
a: \EKFGEN#3 \WROBEL \ANNEX.AGT
NO
seal, this
/-;) day of
ICIAL SEAL
F J(ENNETH FRIKER
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXFIRE$:07 /73!99
EXHIBIT "A"
THE EAST 2 ACRES OF THE NORTH 9 ACRES OF THE WEST 1/2 OF THE
NORTHWEST 1/4 OF SECTION 31, TOWNSHIP 37 NORTH, RANGE 11 EAST OF
THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PIN #: 22 -31- 100 -009
Area Survey Company
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EXHIBIT "BE•
PLAT OF ANNEXATION
OF
THE EAST 2 ACRES OF THE NORTH 9 ACRES OF THE NEST 1/2 OF THE
NORTHWEST 1/4 OF SECTI08 J1. 709859IP 37 NORTH. RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
/
Z97.JJ'
Cf „YF .YO.f/.Vd_ Jf Ji .04" are 1.' -
STATE OF ILLINOIS)
S.S.
COUNTY OF COOK )
THE TERRITORY OESCRIBED IN THIS PLAT OF ANNEXATION IS
IDENTIFIED AS THAT INCORPORATED AND MADE A PART OF THE
VILLAGE OF LEMONT. ILLINOIS. BY ORDINANCE NO.
ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF 5A10
VILLAGE. ON THIS _ DAY OF 19 .
BY
VILLAGE PRESIDENT
ATTEST:
VILLAGE CLERK
STATE OF ILLINOIS)
S.S.
COUNTY OF COOK )
APPROVED BY THE MAYOR OF THE VILLAGE OF LEMONT. ILLINOIS. AT
A MEETING HELD THIS DAY OF • 19
BY:
MAYOR
STATE OF ILLINOIS)
S.S.
COUNTY OF COOK )
7. THOMAS J. CESAL, AN ILLINOIS PROFESSIONAL LAND $URYETOR.
00 HEREBY CERTIFY THAT THE ANNEXED PLAT IS AN ACCURATE
REPRESENTATION OF THE TERRITORY INCLUDED IN THE ANNEXATION TO
THE VILLAGE OF LEMONT.
Fp�Nl $ f.N pAY T'Yi
OAT
ILLINOIS PROFESSIONAL LANG SURVEYOR. N0.2:05