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O-1027-96 10/28/9696889296 VILLAGE OF LEMONT ORDINANCE NO. ®v?� AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR APPROXIMATELY 2 ACRES LOCATED AT 16690 - 127TH STREET LEMONT, ILLINOIS (Jacobson) ▪ DEPT -01 REC :OORDING $41,50 . 116666 TRAN 3238 11/21/96 10 :32:00 • 446G6 T LM 9e-96-8E39296 COOK COUNTY RECORDER DEPT -10 PENALTY $38.00 ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This CVII day of Q6 Wfr-6 , 1996. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will an Counties, I ois a day of i )-61i , 1996. 9688a,:96 ORDINANCE NO. ®d,7 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR APPROXIMATELY 2 ACRES LOCATED AT 16690 - 127TH STREET LEMONT, ILLINOIS (Jacobson) 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 doc , e t own as "JACOBSON 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 VILLAGE OF LEM NT, NTIES OF COOK, DuPAGE, AND WILL, ILLINOIS, on this day of , 1996. AYES NAYS PASSED ABSENT Barbara Buschman Alice Chin Keith Latz r/ Connie Markiewicz Rick Rimbo ✓ Ralph Schobert C LENE SMOLLEN, Village Clerk Approved by me this • .y of ,1996. till* RICHARD A. WASNESKI, Village President Attest: //►��LA/ M •"LEN, Village Clerk ENE SM to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 PIN #:22 -31- 100 -020 22 -31- 100 -022 EXHIBIT "A" Legal Description: LOTS 1 AND 3 IN JACOBSON ESTATES, A SUBDIVISION OF PART OF LOT 17 IN COUNTY CLERK'S DIVISION, RECORDED JANUARY 4, 1979 AS DOCUMENT NO. 24789668 AND LOCATED IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, COOK COUNTY, ILLINOIS. PIN #: 22 -31- 100 - 020;022; 11340 Waa( 1509360.) O,we Pan. ISm,a 60462 P11on0 (706) 349 -7364 FAX (706) 349.7372 EXHIBIT "B" PLAT OF ANNEXATION OF LOTS 1 AND 3 IN JACOBSON ESTATES, A SUBDIVISION 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, (EXCEPTING THE WEST 200 FEET AND THE EAST 2.0 ACRES OF SAID NORTH 9 ACRES), IN COOK COUNTY, ILLINOIS. ,✓df7.Y [ /,✓f Of 7N! ,YO.fTN,✓!J7 /4 Of .7(7 J /-J7-// /27 TN / / / ZDO. 00%/ / / / /I /1 /VP � f %if r °f / i JT[PEET 1 i �// / / / / / /// Z4B. 6Z' // /// 1 0 ZOO' 0 ti ` /,(!SENT 'MACE l /A' /T.i -' '1 OF THE, 1'/l [A6f OF LIMN!' G MOO' ! '- '/(SENT {VCCA6E t /A'/!J —' o / OF T/ E 4/CCA6E Of l ENON/ 4 ti i 4 —JOV /N l:Nf Of /!1 '° J,Iff.`.' CS 5 h� 1 100 ,L ") \ — HEXEBY % ANNEXED -_ ,! � 4N•: 1I ` 00' \ �H ESP EBY A NN E XED — .. \I / 7r / l r /�T///// / / / //i . /ffa 23 %'// //./ / %/ i i ./1 `Aff..f( #7 / //(I f /4 /!S Of THE F' /f /AGf Of 1(410#7 -!. � fIrT ,stf Of ,iY( w'Ef7;i :.' 7,Y1 .1W4y, f. Ji ' "M eV' \ Zll. 6 ' ,TOG7N [!,✓E Of 7dE .✓GAIN 9 dVAEJ O/ 7NF #617 /a OF 7,79E NO,f7,,✓EJT /, J°d•7i/ [.NE Of 7NE NO, AVEJ'T ;I Of 377 J7-17-& 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- ) THE TERRITORY DESCRIBED 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 ANO THE BOARD OF TRUSTEES OF SAIO VILLAGE, ON THIS _ DAY OF 19_. BY VILLAGE PRESIDENT ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this 02fr -day of , 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 MURIEL JACOBSON (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 will be conducted with the VILLAGE OF LEMONT Plan Commission with respect to the zoning provisions herein; and Gssz,L6 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 127th Street frontage of the TERRITORY at a location to be agreed upon by the parties. In consideration of the easement, the VILLAGE shall - - aone (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 her 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: Muriel Jacobson 16690 - 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. VILLAS •. EMONT and the Corp -.rat- �orities Thereof I ,I lip. ATTEST: dent STATE OF ILLINOIS ) SS. COUNTY OF C 0 0 K ) c_ K c , a Notary Public in and for said untyf 1 the State aforesaid, DO HEREBY CERTIFY that m ay( Q( GtaniQ`-)€w1 , by: , 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 instr nt as their own free and voluntary act. iven under my hand and Notarial Seal this I day of 199tG My commission expires: /7.3-() Cri 5 "OFFICIAL SEAL" GINA R. BAKER Notary Public, State of Illinois My Commission Expires Sept. 30, 1997 EXHIBIT "A" Legal Description: LOTS 1 AND 3 IN JACOBSON ESTATES, A SUBDIVISION OF PART OF LOT 17 IN COUNTY CLERK'S DIVISION, RECORDED JANUARY 4, 1979 AS DOCUMENT NO. 24789668 AND LOCATED IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, COOK COUNTY, ILLINOIS. PIN #: 22 -31 -100- 020;022;