O-1028-96 10/28/9696889295
VILLAGE OF LEMONT
DEFT -01 RECORDING $43.51
M T .6666 IRAN 3238 11/21/96 10:32:00
ORDINANCE NO. m -14665 * I._ hi 3E-96 -8891.
COOK COUNTY RECORDER
AN ORDINANCE AUTHORIZING
THE EXECUTION -OF AN ANNEXATION AGREEMENT
FOR APPROXIMATELY 2 ACRES
LOCATED AT SMITH ROAD AND 127TH STREET
LEMONT, ILLINOIS
(Spencer)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This day of
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, Will and DuPage
Countiesj no' , his __
day of IZ�L._- , 1996.
, 1996.
ORDINANCE NO. /
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT
FOR APPROXIMATELY 2 ACRES
LOCATED AT SMITH ROAD AND 127TH STREET
LEMONT, ILLINOIS
(Spencer)
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 docume t known as "SPENCER ANNEXATION
AGREEMENT" dated the day of 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 VI OF LE ot NT COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS,
on this day of , 1996.
Barbara Buschman
Alice Chin
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
AYES NAYS PASSED ABSENT
v
J
1
J
HARLENE SMOLLEN, Village Clerk
Approved by me this + day of ,1996.
/SA
• A. ` WASNESKI, Village President
Attest:
LENE SMOLLEN, Village Clerk
Mail to
Village Clerk
Village of Lemont
418 Main Street
Lemont, IL 60439
PIN#: 22 -31- 100 -018;
EXHIBIT "A"
LEGAL DESCRIPTION:
THE WEST 200 FEET 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 -018;
EXHIBIT "B"
Area Survey Company
1131 7910
Onne Pot mos 110172
Ru�P0011Mn. FAR (701) 3P1172
/?7779
PLAT OF ANNEXATION
OF
THE WEST 200 FEET 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.
.919779 1 /791 Of TNf kW/NWT Ti 1111,7 J1J7•/1
.2170.Oa' sTefEr
".1779!71 11.9E Of /17”„r7,(117
'1- /9f16#1. I' /LLA6f 1,51 /71
/AV 1/11161 Of 1ff9NT
\`
3'
4W
l
1/1/7' //Wt. Of /17'. .9711(7
HEREBY
ANNEXED
.1077'# 1 /Nf Of 179! 1509TH 91191, Of 777f
.Ol,7 5£ Of TNf .9097.94'177:4 Of ,fir j/-17.//
�JOUTN 1 /re Of /Nf A'O9TNNf7T i4 Of .917 W-174 •
9'I:/!/ :11,'79 17, /991
STATE OF ILLINOIS)
S.S.
COUNTY OF COOK )
THE TERRITORY DESCRIBED IN THIS PLAT OF ANNEXATION I8
IDENTIFIED AS THAT INCORPORATED AND MADE A PART OF THE
VILLAGE OF LEMONT. ILLINOIS. BY ORDINANCE N0.
ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF SAID
VILLAGE, ON THIS _ DAY OF 19____.
BY:
VILLAGE PRESIDENT
ATTEST:
VILLAGE CLERK
SCALE: 1 INCH EQUALS 19 FEET
ORDERED BY: ✓/79 ,79971079
ORDER NO.: 9f- 11.19 -1
- - - NOTE: BY OPERATION OF LAW, THE NEW VILLAGE BOUNDARY EXTENDS
TO THE FAR SIDE OF THE HIGHWAY WHICH I5 ADJACENT TO THE
PROPERTY BEING ANNEXED. 65 ILCS 5/7 -1 -1.
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 )
I, THOMAS J. CESAL, AN ILLINOI5 PROFESSIONAL LAND SURVEYOR,
DO HEREBY CERTIFY THAT THE ANNEXED PLAT IS AN ACCURATE
REPRESENTATION OF THE TERRITORY INCLUDED IN THE ANNEXATION TO
THE VILLAGE OF LEMONT.
DATED THIS I.F'O%AY OF ✓ANaA9y 996
ILLINOIS PROFESSIONAL LAND 5UR1EYOR, N0.2205
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this ,24P4 -day of
Qck4Ar— , 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 DENNIS
SPENCER and LORRAINE SPENCER (hereinafter referred to as "OWNER ").
W I T N E S S E T H:
WHEREAS, OWNER is the owner of record of approximate 2 acres
of real estate (hereinafter referred to as "TERRITORY ") , the legal
description of which is attached hereto as Exhibit "A" and by this
reference made a part hereof; and
WHEREAS, OWNER 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,
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
1
WHEREAS, pursuant to the provisions of the Compiled Statutes,
the corporate authority of said VILLAGE has duly fixed a time for
and held a hearing on this Annexation Agreement and has 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 has 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 "B ". Said Plat extends the new boundaries of the
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 "B" 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.
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 street frontages at exact
locations to be agreed upon by the parties. In consideration of
the easement, the VILLAGE shall one (1)
2
residential water connection and one (1) residential sewer
connection at no charge. In addition, the real estate taxes for
the TERRITORY shall be abated by the VILLAGE to the extent the said
taxes increase due solely to annexation and the B -3 zoning
classification, and the abatement shall be effective for as long as
the OWNER resides on the TERRITORY.
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 District. The OWNER may continue to use the house and
TERRITORY as for residential purposes as long as the OWNER resides
in said house. When the OWNER no longer lives in said house, the
nonconforming use shall cease. All use of the TERRITORY thereafter
shall be in accordance with the B -3 District regulations and other
VILLAGE ordinances then in effect.
B. Billboards prohibited. No billboards 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:
VILLAGE:
With Copy To:
Dennis and Lorraine Spencer
Smith Road and 127th Street
Lemont, Illinois 60439
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
3
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) 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
DENNIS SPENC
$ °I
VILLAGE OF LEMONT and the
Cor Authorities Thereof
4
STATE OF ILLINOIS )
SS
COUNTY OF C 0 0 K )
I,
said County,
hY,I
La C.( r
in the State
p 1ce_r'
SF-?z -, - P.✓
, a Notary Public
aforesaid, DO HEREBY CERTIFY
-Gt r"c(
, personally known to me to be the
same persons whose names are subscribed to the foregoing
instrument, respectively appeared before me this day in person and
acknowledged that they signed and delivered the said instrument as
their own free and voluntary act.
in and for
that
Given under my ha and Notarial Seal this 3 day of
Da-,/ , 199 .
My commission expires. s-n ✓�� /f
" OFFICIAL SEAL "
CHERYL L. JEANS
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION' EXPIRES 9/26/96
5
EXHIBIT "A"
LEGAL DESCRIPTION:
THE WEST 200 FEET 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 -018;
EXHIBIT "B"
Area Survey Company
„>.P Wed , S ...
M0a2
nw(AR YTIM FOX (7<043•1.7171
PLAT OF ANNEXATION
OF
THE WEST 200 FEET OF THE NORTH 9 ACRES OF THE WEST 1/2 OF THE
NORTHWEST 1/A OF SECTION 31. TOWNSHIP 37 NORTH. RANGE 11 EAST
OF THE TNIRO PRINCIPAL MERIDIAN, IN COOK COUNTY. ILLINOIS.
(/.Yf Of /3'f MOfal11.17 . Of J(C J /•J7•//
STAY -ET
/27 Td” • ZDDOD
R /IfJ17/ Y /f /A6f 1A7f7.f
/ Of /7f Waite Of lOWO7
% % - / ///////l // / / //1 /
IJ'
\``
-■
CY. z.--✓9uhv ( /r, O/ frf 'meth, f AC.ffJ Of /NF
JAW ,'E Of AR' AVOZ f/f A Of /fC ✓ //
Of:17' ..J/Iff7
HERElY
ANNEXED
�!lAlf1 L /rf Of /1 / "Jf4f77
2t 419'
//7/7 1 /rf Of /7f AYAJA'.YfJr 7r Of .r'..f/'✓7-I
STATE OF ILLINOI5)
S.S.
COUNTY OF COOK )
THE TERRITORY DESCRIBED IN THIS PLAT OF ANNEXATION IS
IOENTIFIED AS THAT INCORPORATED ANO MADE A PART OF THE
VILLAGE OF LEMONT. ILLINOIS. BY ORDINANCE NO.
ADOPTED BY THE PRESIDENT ANO THE BOARD OF TRUSTEES OF SAID
VILLAGE, ON THIS _ OAY OF 11
SY:
VILLAGE PRESIDENT
ATTEST.
VILLAGE CLERK
lfl::ff f II r 17, /!ff
SCALE: 1 INCH EQUALS 9 FEET
ORDERED BY• //r ✓/)'I.lOr
ORDER NO.: ➢J• f /Jf -/
NOTE: BY OPERATION OF LAW, THE NEW VILLAGE SOUNDARV EXTENDS
TO THE FAR SIDE OF THE HIGHWAY WHICH IS ADJACENT TO THE
PROPERTY BEING ANNEXED. 65 ILCS 5/7 -1 -1.
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 )
I, THOMAS J. CESAL. AN ILLINOIS PROFESSIONAL LAND SURVEYOR.
00 HERESY CERTIFY THAT THE ANNEXED PLAT IS AN ACCURATE
REPRESENTATION OF THE TERRITORY INCLUDED IN THE ANNEXATION TO
THE VILLAGE OF LEMONT.
GATED THIS r " Y OF ✓Arrl.f FPS
ILLINOIS PROFESSIONAL LAND SURVEYOR, N0.2205