O-25-97 04/28/97Village of Lemont
418 Main Street
Lemont, IL 60439 -3788
97309754
DEPT-01 r:i.^CORDING
N 1.424 _ • xµ',:, ^" '
3
COOK COUNTY RECORDER
ORDINANCE NO. Q'a S 7
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 2 ACRE PARCEL GENERALLY
LOCATED AT THE NORTHWEST CORNER OF 131st STREET
AND BELL ROAD IN LEMONT, ILLINOIS
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This am. day of
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, Will and DuPage
Counties, Illin 3�'s, this°-F day
of G �_ , 1997.
, 1997
tit
ORDINANCE NO. 0.023---9 9-
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 2 ACRE PARCEL GENERALLY
LOCATED AT THE NORTHWEST CORNER OF 131st STREET
AND BELL ROAD IN LEMONT, ILLINOIS
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 "Northern Border Pipeline
Company /Peoples Gas Annexation Agreement" dated the c'd" A- day of
Ap7i: , 1997, (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 LEMON COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS,
on this r day of /.1i , 1997.
Barbara Buschman
Alice Chin
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
AYES NAYS PASSED ABSENT
v
J
Approved by me this of day of
Att t:
CHARLENE SMOLLEN, Village Clerk
,1997.
pwHAlir7 , r-orr 'S E KI, Village President
CHARLENE SMOLLEN, Village Clerk
Mail to:
Village Clerk
Village of Lemont
418 Main Street
Lemont, IL 60439
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this Z ' day of /'1'3- - 1997,
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 THE PEOPLES GAS LIGHT
AND COKE COMPANY, (hereinafter referred to as "Peoples Gas ") and NORTHERN BORDER
PIPELINE COMPANY (hereinafter referred to as "NBPL ") (Peoples Gas and NBPL shall hereinafter
be referred to collectively as "TRANSFEREE OWNERS ") and THE CHICAGO TRUST COMPANY,
a corporation of Illinois formerly known as Chicago Title and Trust Company, as Trustee under trust
agreement dated May 16, 1994 and known as trust number 1099684 (hereinafter referred to as
"CURRENT OWNER ").
WHEREAS, CURRENT OWNER is the owner of record of the real estate that is
legally described on Exhibit A attached hereto and by this reference made a part hereof (the
"Peoples Parcel ") and the adjacent real estate legally described in Exhibit "A -1" attached hereto and
made a part hereof (the "Peoples Access "); and,
WHEREAS, Peoples Gas is the contract purchaser of the fee title interest in the
Peoples Parcel and an easement interest for access and utilities in the Peoples Access; and
WHEREAS, CURRENT OWNER is the owner of record of the real estate that is
legally described on Exhibit "B" attached hereto and by this reference made a part hereof (the
"NBPL Parcel ") and the adjacent real estate legally described in Exhibit "B -1" attached hereto and
made part hereof (the "NBPL Access "); and,
WHEREAS, NBPL is the contract purchaser of the fee title interest in the NBPL
Parcel and an easement interest for access and utilities in the NBPL Access; and
WHEREAS, the Peoples Parcel and the NBPL Parcel shall hereinafter be collectively
referred to as the "TERRITORY," and the Peoples Access and the NBPL Access shall hereinafter
be collectively referred to as the "Access Easement "; and,
WHEREAS, the Plat Act, 765 ILCS 205/0.01 et seq., requires that a Subdivision Plat
for the TERRITORY must be prepared and recorded with the Cook County Recorder of Deeds
Office before the Peoples Parcel and the NBPL Parcel may be conveyed by the CURRENT
OWNER to Peoples Gas and NBPL, respectfully; and
WHEREAS, the CURRENT OWNER and the TRANSFEREE OWNERS have
submitted a plat of subdivision for the Peoples Parcel and the NBPL Parcel to the Village for
approval, a copy of which is attached hereto and made a part hereof as Exhibit C (the "Plat of
Subdivision "); and
WHEREAS, the VILLAGE has reviewed the Plat of Subdivision and intends to
immediately approve the same, upon the Territory becoming annexed to the VILLAGE, and
pursuant to the VILLAGE'S Subdivision Regulations set forth at Ordinance No. 456 (1981) and the
Ordinance regarding Standard Specifications for Design and Construction of Public Improvements
and Private Site Improvements (collectively, the "Lemont Subdivision Ordinances "); and
WHEREAS, CURRENT OWNER and TRANSFEREE OWNERS intend to complete
the closings (the "Closings ") for the conveyance of the Peoples Parcel and the Peoples Access to
Peoples Gas and the NBPL Parcel and the NBPL Access to NBPL as soon as the VILLAGE
approves the Plat of Subdivision and the Plat of Subdivision is recorded with the Cook County
Recorder of Deeds Office; and
WHEREAS, CURRENT OWNER has submitted to the VILLAGE a Petition for
Annexation for the TERRITORY; and,
WHEREAS, the Access Easement has been or is expected to be annexed into the
VILLAGE; 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, CURRENT OWNER, TRANSFEREE OWNERS, and VILLAGE agree
that they will be bound by the terms of this Annexation Agreement; and,
WHEREAS, the VILLAGE would extend its zoning, building, health and other
municipal regulations and ordinances over the TERRITORY, thereby protecting the VILLAGE from
possible undesirable or inharmonious use and development of unincorporated areas surrounding
the VILLAGE; and,
WHEREAS, the new boundaries of the VILLAGE OF LEMONT resulting from this
Annexation shall extend to the far side of every highway and shall include all of every highway not
already annexed; and,
WHEREAS, the parties desire, pursuant to Division 11 -15.1 of the Illinois Municipal
Code, to enter into an Agreement with respect to Annexation of the TERRITORY and various other
matters; and,
WHEREAS, pursuant to the provision of the Statute, the corporate authorities of said
VILLAGE have duly fixed a time for and held a hearing upon the Annexation Agreement and have
given notice of said hearing; and,
WHEREAS, the corporate authorities of the VILLAGE have considered the
Annexation of the TERRITORY described in the Petition and have 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. (f
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
hereinafter contained, the parties agree as follows:
ANNEXATION
1. Subject to the provisions of Article 7 of the Illinois Municipal Code, the parties
hereto respectively agree to do all things necessary or appropriate to cause the TERRITORY and
the Access Easement to be validly annexed to the VILLAGE as promptly as possible.
2. A Plat of Annexation including the TERRITORY is attached hereto as Exhibit
"D ". 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.
3. All VILLAGE imposed fees associated with the annexation are hereby
waived.
4. Notwithstanding that the TERRITORY is contiguous to the VILLAGE limits
along the north, east, and west property lines, the CURRENT OWNER and the TRANSFEREE
OWNERS acknowledge that contiguity of the TERRITORY may be subject to legal challenge. The
CURRENT OWNER and the TRANSFEREE OWNERS hereby agree that they will not hold the
VILLAGE responsible for any legal action, nor will the CURRENT OWNER or TRANSFEREE
OWNERS initiate any legal action against the VILLAGE, should the TERRITORY be disconnected
from the VILLAGE in the future.
II
PLAT OF SUBDIVISION AND THE CLOSINGS
1. Immediately following the Annexation of the TERRITORY to the VILLAGE,
the VILLAGE agrees to do all things necessary or appropriate to approve the Plat of Subdivision
pursuant to the Lemont Subdivision Ordinances.
2. Upon the VILLAGE'S approval of the Plat of Subdivision, CURRENT OWNER
and TRANSFEREE OWNERS agree to immediately record the Plat of Subdivision and immediately
complete the Closings thereafter.
3. All VILLAGE imposed fees associated with the approval of the Plat of
Subdivision are hereby waived.
4. The parties hereto respectively agree that CURRENT OWNER shall be
released of any and all obligations pursuant to this AGREEMENT simultaneously with the
completion of the Closings, except to the extent that such obligations relate to the CURRENT
OWNER as Adjacent Owner (as defined below).
III
ZONING AND LAND USE RESTRICTIONS
1. Upon the Annexation of the TERRITORY to the VILLAGE, the TERRITORY
shall be classified under the existing zoning ordinance, as amended, as B -3 Commercial District.
Upon the Annexation of the Access Easement, the Access Easement shall be classified under the
existing zoning ordinance, as amended, as B -3 Commercial District.
2. It is understood by the parties that the TERRITORY is to be used for gas
transportation systems, regulator and meter stations, measuring and transfer facilities, and related
uses and purposes (the "Authorized Uses "), and TRANSFEREE OWNERS shall be permitted to
construct and /or maintain on the TERRITORY pipelines and accessory facilities, including without
limitation, above ground pipes, pipeline receivers, pipeline management valves, temperature and
pressure transmitters, regulator equipment, meters, data management and communications
-3-
equipment, heating and power equipment, security fences, structures, and buildings (the
"Authorized Facilities "). Construction of certain Authorized Facilities is substantially underway on
a portion of the TERRITORY under permits issued by Cook County and the VILLAGE agrees that
TRANSFEREE OWNERS may continually proceed without interruption to construct, use, operate,
repair, and replace the same. The VILLAGE acknowledges that its B -3 Commercial Zoning District
currently allows the TRANSFEREE OWNERS to use the TERRITORY for the Authorized Uses with
the Authorized Facilities and agrees to grant all zoning permits and approvals necessary to allow
the Authorized Uses on the TERRITORY during the term of this Agreement.
The VILLAGE and the TRANSFEREE OWNERS acknowledge that Peoples Gas and
NBPL will separately own and develop their respective parcels within the TERRITORY. As a result
of such separate parcels, the Authorized Facilities may not meet required setbacks from the
property lines. The VILLAGE agrees to grant TRANSFEREE OWNERS such variations as may be
necessary to construct and maintain the Authorized Facilities within the areas of development
depicted on the Site Plan attached hereto as Exhibit "E" and made a part hereof. In addition, (a)
Peoples Gas, or its successors and assigns, will only be responsible for any duty or obligation
under this Agreement to the extent such duty or obligation relates to the Peoples Parcel or the
Peoples Access, and (b) NBPL, or its successors and assigns, will only be responsible for any duty
or obligation under this Agreement to the extent such duty or obligation relates to the NBPL Parcel
or the NBPL Access.
The VILLAGE and the TRANSFEREE OWNERS also acknowledge that the
TERRITORY (and any lots therein) will not have frontage on a public street. The VILLAGE agrees
to grant TRANSFEREE OWNERS variances and any other form of development approvals
(including, if applicable, subdivision approval) to allow Peoples Gas and NBPL to develop separate
lots on the TERRITORY for the Authorized Uses and the Authorized Facilities in accordance with
this Section.
In the event the VILLAGE fails to timely adopt any of the aforesaid variances,
approvals, ordinances or relief, TRANSFEREE OWNERS may elect to terminate this Agreement
and to disconnect the TERRITORY from the VILLAGE by delivering a notice to such effect to the
VILLAGE. In the event a notice of election to disconnect is given pursuant to the terms of this
paragraph, and the VILLAGE has not issued such variances, approvals, ordinances, or relief within
sixty (60) days thereafter, the TERRITORY shall be disconnected from the VILLAGE (and the
VILLAGE shall enact all ordinances and take such steps as shall be necessary to effect said
disconnection) and this Agreement shall be null, void and of no further force and affect as to all
parties.
3. It is understood and agreed that, 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 terms of this Agreement, and such ordinances,
as the same may from time to time be amended and enforced throughout the VILLAGE, shall apply
to the TERRITORY. Notwithstanding the foregoing, it is expressly understood and agreed by the
parties that during the term of this Agreement, no use permitted under the B -3 Commercial District
at the time of the execution of the Agreement shall be denied to the TRANSFEREE OWNERS, their
successors or assigns, unless the zoning classification of the TERRITORY is amended by the
petition of the affected TRANSFEREE OWNERS, their successors or assigns, or unless the
VILLAGE shall comprehensively amend its Zoning Ordinance. In the case of a comprehensive
amendment to the VILLAGE'S Zoning Ordinance, the TERRITORY shall be designated in the
zoning district most comparable to the B -3 Commercial District. Notwithstanding anything
contained herein to the contrary, the Authorized Use and Authorized Facilities described above in
Article I, Section 2 shall be permitted at all times.
-4-
4. All VILLAGE imposed fees associated with the approvals described above
in Article I, Section 1 and Article 11, Section 1 are hereby waived.
5. TRANSFEREE OWNERS acknowledge that the CURRENT OWNER, or any
other owner or owners of the parcel adjacent to the TERRITORY (hereinafter, the "Adjacent
Owner") on which the Access Easement is located (hereinafter, the "Adjacent Property"), in
conjunction with construction of a shopping center on said Adjacent Parcel, shall be permitted to
create and build on two (2) outlots on said Adjacent Property, after approval of a Plat of
Subdivision.
IV
REQUIRED IMPROVEMENTS
1. In the event any TRANSFEREE OWNER'S use of the TERRITORY requires
water or sanitary sewer service: (a) such TRANSFEREE OWNER shall connect any commercial
use hereinafter established to the VILLAGE water supply and sanitary sewer systems if available
within 200 feet of the TERRITORY; and (b) in such case, that TRANSFEREE OWNER shall also
connect said commercial development to VILLAGE water and sewer systems upon extension of
said water and /or sewer to within 200 feet of the TERRITORY.
2. The TRANSFEREE OWNERS
complete construction of certain Authorized Facilities
with permits previously issued by the County of Cook,
sewers, detention or retention basins, and storm water
of the TERRITORY shall be permitted to
and utilize the TERRITORY in compliance
and VILLAGE ordinances respecting storm
regulation shall be inapplicable.
3. TRANSFEREE OWNERS acknowledge that any establishment of a
commercial use on the Adjacent Property by the Adjacent Owner shall require conformance to the
parking regulations specified for that use under Section X of the Zoning Ordinance. Parking areas
on the Adjacent Property shall be planned such that access is provided to and from adjacent
parcels for cross- access purposes
on the Adjacent Property to The VILLAGE
access. may require the
recording of access eas ements upon
The TRANSFEREE OWNERS of the TERRITORY described herein shall not
be responsible for constructing or installing public sidewalks, parkway trees, or lighting upon either
the TERRITORY, the Access Easement, or the Adjacent Property and shall not be responsible for
contributing to the cost thereof by means of recapture ordinances or otherwise.
5. The parties recognize that (i) a primary overhead electrical utility line (the
"Overhead Line ") has been installed on part of the Peoples Access and the Peoples Parcel in order
to service the Peoples Parcel and the NBPL Parcel and (ii) the VILLAGE may desire to have the
Overhead Line buried upon the development of the Adjacent Property. As an accommodation to
the V1LLAGE's interest to have the Overhead Line buried and if specifically requested in writing by
the Village upon at least 60 days prior written notice to Peoples Gas and NBPL, Peoples Gas and
NBPL agree that the VILLAGE shall have the right to bury the Overhead Line subject to the
following terms and conditions:
a. Peoples Gas and NBPL shall each contribute 25% of the total cost of the
burial of the Overhead Line upon the completion of the such burial pursuant
to the terms of this Subsection IV.5, provided that the respective contribu-
-5-
tions of Peoples Gas and NBPL for the burial of the Overhead Line shall be
capped at a maximum of $8,000 each;
b. Peoples Gas and NBPL shall each be responsible for the burial of their own
secondary/service electrical lines that connect the Overhead Line to their
respective facilities existing, or to be built, on the Peoples Parcel and the
NBPL Parcel;
c. the Village's burial of the Overhead Line shall be in a manner (i) that will not
disrupt the uninterrupted supply of electricity to the Peoples Parcel and the
NBPL Parcel from the Overhead Line and (ii) so as to reasonably allow
Peoples Gas and NBPL to coordinate burial of their respective second-
ary/service lines;
d. The Village shall return any of the surface area disturbed by the burial of the
Overhead Line to its former condition immediately prior to such burial; and
In the event that (i) burial of the Overhead Line is required by ComEd (or its
successor) or any governmental body other than the Village or (ii) if the Overhead Line is buried
voluntarily by any party, then the Village shall have no obligation to make any contribution to the
Overhead Line burial costs as set forth above.
V
EASEMENTS AND RIGHTS -OF -WAY
The VILLAGE acknowledges that neither municipal or governmental easements for
utilities, drainage, access and other public purposes are - required from TRANSFEREE OWNERS
in conjunction with the development of the TERRITORY or upon the TERRITORY, although such
easements may be required from the Adjacent Owner of the Adjacent Property. The VILLAGE
agrees that any such required easements on the Adjacent Property will not materially interfere with
the Access Easement.
VI
SITE PLAN REVIEW FOR THE ADJACENT PARCEL
The TRANSFEREE OWNERS acknowledge that the Adjacent Owner of the Adjacent
Property will agree to submit a site plan to the VILLAGE for any proposed commercial use which
is to be established on the Adjacent Property. Said site plan shall incorporate the Access
Easement, and the VILLAGE agrees that the Access Easement will be utilized continuously as a
nonexclusive vehicular and utility easement serving the TERRITORY.
VII
FEES, BUILDING ORDINANCES, PERMITS AND GENERAL MATTERS
The TRANSFEREE OWNERS agree to comply in all respects with all the applicable
provisions of the VILLAGE Building Codes in connection with the construction of buildings in the
-6-
TERRITORY. The VILLAGE agrees to issue permits to TRANSFEREE OWNERS within ten
business days after the TRANSFEREE OWNERS (or any of them) deliver an application that
substantially conforms to the VILLAGE Building Codes, or to advise TRANSFEREE OWNERS in
writing of the specific provisions of such Building Codes that particular aspects of an application do
not satisfy. Notwithstanding the foregoing, TRANSFEREE OWNERS shall be permitted to
construct and operate the Authorized Facilities described above in Article III, Section 2 in
compliance with any permits previously issued by the County of Cook, and the aforesaid VILLAGE
codes, fees and permits shall be inapplicable to the same.
VIII
LETTERS OF CREDIT
As TRANSFEREE OWNERS are not obligated to either construct, perform, or
dedicate public improvements, no letter of credit, performance bond, or construction bond shall be
required of TRANSFEREE OWNERS.
IX
NOTICE OF VIOLATIONS
The VILLAGE will issue no stop orders directing work stoppage on building or parts
of the Authorized Facilities without giving TRANSFEREE OWNERS written notice of the Section
of the code allegedly violated by TRANSFEREE OWNERS at least ten days before issuance of any
such stop order, so the TRANSFEREE OWNERS may forthwith proceed to correct such violations
as may exist. Nevertheless, the VILLAGE 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 an immediate
and serious threat to the health or safety of the public or personnel employees on or near the site,
provided that no violation of a Village Code or regulation shall be deemed to exist where such Code
or regulation has been modified, waived, or deemed inapplicable under the terms of this
Agreement. The VILLAGE shall provide TRANSFEREE OWNERS notice of any matter, such as C6
public hearing, proposed building code changes and policy changes or other matters which may
affect the TERRITORY or development of it under this Agreement.
f tti
X
MAINTENANCE BOND
TRANSFEREE OWNERS are not obligated to construct, perform or dedicate any
public improvements. No maintenance bond shall be required of TRANSFEREE OWNERS.
XI
DAMAGE TO PUBLIC IMPROVEMENTS
The TRANSFEREE OWNERS shall replace and repair any damage to public
improvements installed within, under or upon the TERRITORY resulting from construction activities
by TRANSFEREE OWNERS, their successors or assigns and their employees, agents, contractors
-7-
or subcontractors during the term of this Agreement. TRANSFEREE OWNERS shall have no
obligation hereunder with respect to damage resulting from ordinary usage, wear and tear.
XII
TERMS OF THIS AGREEMENT
Except as provided in Article II, Section 4, 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 with the land.
This Agreement may only be amended by written instrument executed by the
VILLAGE and the TRANSFEREE OWNERS; provided, however, that any amendment relating
solely to the Peoples Parcel or the NBPL Parcel may be amended by written instrument executed
by the VILLAGE and the owner of the affected parcel and without the consent of any other
TRANSFEREE OWNER; further provided, however, in the event that the Closings have not yet
been completed, then the written consent of the CURRENT OWNER shall also be necessary.
This Agreement shall also serve as a petition for annexation such that no additional
notice or hearings are required by the VILLAGE to annex the TERRITORY. Notification to the
current or future owner of a proposed annexation Ordinance and passage of same shall only be
required to annex the TERRITORY.
The VILLAGE recognizes that there are obligations and commitments set forth in the
annexation agreement between the Adjacent Owner of the Adjacent Property and the VILLAGE
which have been agreed to by the Adjacent Owner of the Adjacent Parcel but not by the
TRANSFEREE OWNERS of the TERRITORY described herein. TRANSFEREE OWNERS are
hereby exculpated from any personal liability or obligation to perform such commitments and
obligations agreed to or undertaken by the Adjacent Owner of the Adjacent Property.
It is understood and agreed by the parties hereto that in the event all or any portion
of the TERRITORY as defined in this Agreement is sold or conveyed at any time during the term
of this Agreement, all of the obligations and responsibilities of either Peoples Gas or NBPL (as the
case may be) as herein set forth shall devolve upon and be assumed by such purchaser or grantee
and the affected TRANSFEREE OWNER shall be released from all of its obligations which relate
to any such portion of the TERRITORY as may have been sold or conveyed; provided, however,
that nothing contained in this paragraph shall be construed to release an affected TRANSFEREE
OWNER from its obligation with respect to its portion of the TERRITORY unless a third party is
willing to assume such TRANSFEREE OWNER'S obligations in writing.
This Agreement may be executed in any number of counterparts, each of which shall
be deemed to be an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first above written.
ATTEST:
illage Clerk
GE OF
VILLA
AUTHORIT H ° . •�
By: 1/ /f /L
ONT AND THE CORPORATE
IDE T
ATTEST: THE PEOPLES GAS LIGHT AND COKE
COMPANY
cJ DTh41:"a��C
() Ist, .n4- Secretary
By. j J,,,4A,,,u,) trn
Its• Exgt uTlvc Vitt` PAI7--510e,01
ATTEST: NORTHERN BORDER PIPELINE
COMPANY
Secretary
ATTEST:
By: Northern Plains Natural Gas Company,
its Operator
By
Its
THE CHICAGO TITLE AND TRUST COMPANY,
a corporation of Illinois formerly known as Chicago
Title and Trust Company, as Trustee under Trust
Agreement dated May 16, 1994 and known as
Trust No. 1099684
By
Its
ATTEST:
Secretary
ATTEST:
ATTEST:
THE PEOPLES GAS LIGHT AND COKE
COMPANY
By
Its
NORTHERN BORDER PIPELINE
COMPANY
By: Northern Plains Natural as Company,
its Operator
By
Its Vice esid-enf
THE CHICAGO TITLE AND TRUST COMPANY,
a corporation of Illinois formerly known as Chicago
Title and Trust Company, as Trustee under Trust
Agreement dated May 16, 1994 and known as
Trust No. 1099684
By
(
Its•'
(f2;
ATTEST: THE PEOPLES GAS LIGHT AND COKE
COMPANY
Secretary
By
Its•
ATTEST: NORTHERN BORDER PIPELINE
COMPANY
By: Northern Plains Natural Gas Company,
its Operator
Secretary
ATTEST:
By
Its•
THE CHICAGO TITLE AND TRUST COM ANY,
a corporation of Illinois formerly known as Chicago
Title and Trust Company, as Trustee under Trust
ement dated May 16, 1994 and known as
o. 1099684 j 'r.
ft 33 expr y to eratotxl and agreed by and between the par hereto, anything heroin to the contrary Ong,
that each atrial; r; cue warrants, Mdstreltie3, repro .ntntfons, covenants, nts, ta!dert:* *,gs and agreetre., s herein marls on the pad
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nvt Tanta" ta" tsfhtls 3n'vsn ImIxAt-41 tc 'ha wpm °r ":zs, represareatisns, oawanants, undertakings end agreements
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t c cenlanc' it has sawh ataise, . + „ah hf or pararatel mo.,ponsigly is assumed by nor stet at
any tat h,e assa:icd or entarceahie apinst Tho Chicago Trust Company on mecca of tie tr,strument or an exeunt of any
warranty, ;n:ernrity, regorr,,versatan, ec i aunt, uMsriandrtg of agreement of the said TWO in tie Murat tt cont fined, ether
expressed or trrroted, of set personal M any, being expressly waived and re ett.
STATE OF ILLINOIS )
SS.
COUNTY OF COOK )
1, N1e_ t, nd4P.rS t q j , a Notary Public in and for said County, in the
State aforesaid, DO HEREBY CERTIFY that NM 42,1,ZAPIO TR -%; 4t , by
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.
19`f7.
Given under my hand and Notarial Seal this ?c,tIb day of j470ri 1
"OFFICIAL SEAL"
Alda Di Mayo
Notary Public, State of Illinois
My Commission Expires 5/10/98
/d2,;
Notary Public
My Commission Expires:
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I, / i'b n groct> Ai , a Notary Public in and for said County, in the
State aforesaid, DO HEREBY CERTIFY that The. Peoples (&s Ly t i r,d Mix an,pckr,. , by:
7hoN,as bit Patrick., evam 4s L <tc"r' wn 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.
19 97
Given under my hand and Notarial Seal this Z) 57' day of
My Commission Expires.
Notary Public
02, /999
• SEAL"
• "OFFICIAL L 99 G;
• ANN T. E ROW NE
® NOTARY PUBLIC, STATE OF ILLINOIS :
My Commission Expires Aug. 23,19 93
STATE OF NEBRASKA )
) SS.
COUNTY OF DOUGLAS )
, a Notary Public in and for said
County, in the Skate aforesaid, DO HEREBY CERTIFY that Northern Border Pipeline
Company, by Northern Plains Natural Gas Company, its Operator, by: George A. Rood
and Eva N. Neufeld 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.
Given under my hand and Notarial Seal this 18th day of April, 1997.
GENERAL NOTARY-State of Nebraska
SUZANNE N. FRANCO
11y Comm. Exp. Sept 21,1998
Nota
My Commission Expires: ,eto-i P � j / 9� �
a -P Cc C.2)
ublic
EXHIBIT A
Peoples Parcel
A TRACT OF LAND IN THAT PART OF THE EAST HALF (E /2) OF THE NORTHEAST QUARTER
(NE /4) OF SECTION 35, T37N, R11E OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED BY
WARRANTY DEED IN TRUST IN DOCUMENT NO. 94- 445722 IN THE RECORDER'S OFFICE
OF COOK COUNTY, ILLINOIS, SAID TRACT BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SAID NORTHEAST QUARTER (NE /4);
THENCE WESTERLY ALONG THE SOUTH LINE OF THE SAID NORTHEAST QUARTER (NE /4)
WITH AN ASSUMED BEARING OF SOUTH 89 DEGREES 58 MINUTES 07 SECONDS WEST A
DISTANCE OF 921.85 FEET TO THE EAST LINE OF THE WEST 400.00 FEET OF THE EAST
HALF (E/2) OF THE SAID QUARTER; THENCE NORTH 0 DEGREE 33 MINUTES 18 SECONDS
EAST, ALONG THE EAST LINE OF THE SAID WEST 400.00 FEET, A DISTANCE OF 523.68
FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED;
THENCE SOUTH 89 DEGREES 26 MINUTES 39 SECONDS EAST, A DISTANCE OF 20.00 FEET;
THENCE NORTH 58 DEGREES 07 MINUTES 10 SECONDS EAST, A DISTANCE OF 240.00
FEET; THENCE NORTH 32 DEGREES 20 MINUTES 10 SECONDS WEST, A DISTANCE OF
135.00 FEET, TO THE SOUTHEASTERLY LINE OF THE COMMONWEALTH EDISON COMPANY
RIGHT OF WAY, AS CONVEYED BY DOCUMENT 20578060; THENCE SOUTH 58 DEGREES
07 MINUTES 10 SECONDS WEST ALONG THE SOUTHEASTERLY LINE A DISTANCE OF
176.83 FEET, TO THE EAST LINE OF THE WEST 400.00 FEET OF THE EAST HALF (E /2) OF
THE SAID NORTHEAST QUARTER (NE /4); THENCE SOUTH 0 DEGREES 33 MINUTES 18
SECONDS WEST ALONG THE LAST DESCRIBED LINE, A DISTANCE OF 147.24 FEET BACK
TO THE POINT OF BEGINNING.
EXHIBIT A -1
Peoples Access
A TRACT OF LAND FOR INGRESS, EGRESS AND UTILITIES IN THAT PART OF THE EAST
HALF (E /2) OF THE NORTHEAST QUARTER (NE /4) OF SECTION 35, T37N, R11 E OF THE
THIRD PRINCIPAL MERIDIAN DESCRIBED BY WARRANTY DEED IN TRUST IN DOCUMENT
NO. 94- 445722 IN THE RECORDER'S OFFICE OF COOK COUNTY, ILLINOIS, SAID TRACT
BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE SAID PART OF THE NORTHEAST
QUARTER (NE/4); THENCE ON AN ASSUMED BEARING OF NORTH 0 DEGREES 33 MINUTES
18 SECONDS EAST ALONG THE EAST LINE OF THE WEST 400.00 FEET OF THE EAST HALF
(E /2) OF THE SAID NORTHEAST QUARTER (NE /4), A DISTANCE OF 523.68 FEET; THENCE
SOUTH 89 DEGREES 26 MINUTES 42 SECONDS EAST, A DISTANCE OF 20.00 FEET; THENCE
SOUTH 0 DEGREES 33 MINUTES 18 SECONDS WEST, A DISTANCE OF 523.47 FEET TO THE
SOUTH LINE OF THE SAID NORTHEAST QUARTER (NE /4); THENCE SOUTH 89 DEGREES 58
MINUTES 07 SECONDS WEST ALONG THE SAID SOUTH LINE, A DISTANCE OF 20.00 FEET,
BACK TO THE POINT OF BEGINNING.
EXHIBIT B
NBPL Parcel
ATRACT OF LAND IN THAT PART OF THE EAST HALF (E /2) OF THE NORTHEAST QUARTER
(NE /4) OF SECTION 35, T37N, R11 E OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED BY
WARRANTY DEED IN TRUST IN DOCUMENT NO. 94- 445722 IN THE RECORDER'S OFFICE
OF COOK COUNTY, ILLINOIS, SAID TRACT BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SAID NORTHEAST QUARTER (NE /4);
THENCE NORTHERLY ALONG THE EAST LINE OF THE SAID NORTHEAST QUARTER (NE /4)
WITH AN ASSUMED BEARING OF NORTH 0 DEGREE 37 MINUTES 25 SECONDS EAST A
DISTANCE OF 897.20 FEET TO THE SOUTH LINE OF THE NORTH 425.00 FEET OF THE SAID
QUARTER; THENCE NORTH 89 DEGREES 47 MINUTES 18 SECONDS WEST, ALONG THE
LAST DESCRIBED LINE, A DISTANCE OF 335.01 FEET TO THE POINT OF BEGINNING OF
THE TRACT OF LAND HEREIN DESCRIBED; THENCE SOUTH 0 DEGREE 12 MINUTES 42
SECONDS WEST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 58 DEGREES 07 MINUTES
10 SECONDS WEST, A DISTANCE OF 432.97 FEET; THENCE NORTH 32 DEGREES 20
MINUTES 10 SECONDS WEST, A DISTANCE OF 135.00 FEET, TO THE SOUTHEASTERLY
LINE OF THE COMMONWEALTH EDISON COMPANY RIGHT OF WAY, AS CONVEYED BY
DOCUMENT 20578060; THENCE NORTH 58 DEGREES 07 MINUTES 10 SECONDS EAST
ALONG THE SOUTHEASTERLY LINE, A DISTANCE OF 256.42 FEET, TO THE SOUTH LINE OF
THE NORTH 425.00 FEET OF THE SAID NORTHEAST QUARTER (NE/4); THENCE SOUTH 89
DEGREES 47 MINUTES 18 SECONDS EAST ALONG THE LAST DESCRIBED LINE, A
DISTANCE OF 222.21 FEET TO THE POINT OF BEGINNING.
EXHIBIT B -1
NBPL ACCESS
A TRACT OF LAND FOR INGRESS, EGRESS AND THE INSTALLATION OF UTILITIES IN THAT
PART OF THE EAST HALF (E /2) OF THE NORTHEAST QUARTER (NE /4) OF SECTION 35,
T37N, R11 E OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED BY WARRANTY DEED IN
TRUST IN DOCUMENT NO. 94- 445722 IN THE RECORDER'S OFFICE OF COOK COUNTY,
ILLINOIS, SAID TRACT BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SAID PART; THENCE NORTH 89
DEGREES 47 MINUTES 18 SECONDS WEST, ALONG THE SOUTH LINE OF THE NORTH
425.00 FEET OF THE SAID NORTHEAST QUARTER (NE/4) A DISTANCE OF 50.00 FEET TO
A POINT ON THE WEST RIGHT OF WAY OF BELL ROAD AS PER DOCUMENT NO. 16967013
IN THE RECORDER'S OFFICE OF COOK COUNTY, ILLINOIS, SAID POINT BEING THE POINT
OF BEGINNING OF THE TRACT OF LAND DESCRIBED; THENCE ON A CONTINUATION OF
THE LAST BEARING OF NORTH 89 DEGREES 47 MINUTES 18 SECONDS WEST, A DISTANCE
OF 285.01 FEET; THENCE SOUTH 0 DEGREE 12 MINUTES 42 SECONDS WEST, A DISTANCE
OF 20.00 FEET; THENCE SOUTH 89 DEGREES 47 MINUTES 18 SECONDS EAST, A DISTANCE
OF 284.87 FEET TO THE WEST RIGHT OF WAY OF BELL ROAD; THENCE NORTH 0 DEGREE
37 MINUTES 25 SECONDS EAST ALONG THE SAID RIGHT OF WAY LINE, A DISTANCE OF
20.00 FEET.
EXHIBIT C
Plat of Subdivision
[TO BE INSERTED]
EXHIBIT D
Plat of Annexation
[FO BE INSERTED]
AArea Survey Company
OdrN art. Q01l1
11NO WM /Spn Sbwi
P I•Pap
Rnn (70F) N ►7361 FM (7G13 4 372
PLAT OF ANNEXJIiON,4
TO THE VILLAGE OF LEMONT
THAT-PART ,OF THE EAST 1/2 OF THE. NORTHEAST 1/4 '0F SECTION- 35,
TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS ; FOLLOWS:
THENCE NORTH BEGINNING
0•37'25" EAST , ALONG ME EAST LINE OP
•SARTHEAST 1/4;
42ID NORTHEAST SAID NORTHEAST H0 FEET 4; THENCE NORTH 89.47' 8" WEST,
ALONG FEET SI SAID DESCRIBED 154;
ALONG T1IE'LAST DESCRIBED LINE, 557.22 FEET TO T1F SOUTHEASTERLY-
LINE OF THE COMMONWEALTH EDISON COMPANY RIGHT OF FAY, AS CONVEYED
BY DOCUMENT 20578060; THENCE SOUTH 58.07'10" WET, ALONG SAID
SOUTHEASTERLY LINE, 433.25 FEET TO THE EAST LINE WIRE NE 1 •400.00.
FEET OF THE EAST 1/2. OF SAID NORTHEAST 1/4;
NEST, ALONG THE LAST DESCRIBED LINE, 670.92 FEET 71 THE SOUTH THE SOUTH
OF SAID F NORTHEAST EAST 1/4, 9281.85 89°58'07. E POI? OF BEGINNING,
LINE OF SAID NORTHEAST 1/4,
ALL IN COOS COUNTY, ILLINOIS.
/ / _r•O LiMONT R E PROTECT1Oal DIST.
/
c f
ep
/ 10•'� // CURRENT V1llAUE LIMITS
/ ./ , 557.22 5.89 •4T' 18" E
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400' � $W7H UNG EYL NE /4 SK35.31. 11 921.85'
33' 33'
HEREBY ANNEXED
1STREr
NOTE: BY OPERATION OF LAW, THE NEW VILLAGE BOUNDARY EXTENDS TO THE
10LE : )" b JOQ F6BT 114). SIDE OF THE HIGHWAY WHICH IS ADJACENT TO THE PROPERTY, BEING,
oweeso BV' ` ILin d ..l f101t1'r. -` EY - 65 ILLS 5/9.1 -1
GROSS AREA:
33' ROADS:
NET AREA:
STATE OF ILLINOIS)
S.S.
COUNTY 'OF COOK )
APPROVED BY 'THE MAYOR OF THE VILLAGE OF LEMONT, ILLINOIS, AT A
MEETING HELD THI8 �_ DAY OF , 19_
BY:•
MAYOR
STATE OF.ILLINOIS),
B.S.
COUNTY OF COOK. .) . .
•
THE TERRITORY'IDESCRISED..IN THIS PLAT OF ANNEXATION IS IDENTIFIED AS
THAT INCORPORATED AND NADE.'A PART OF ',rim 'VILLAGE OF LBNONT,
ILLIOIS,'BY ORDINANCE 'NO. " ADOPTED BY THE PRESIDENT
AND THE BOARD OF TRUSTEES OF SAID. VILLAGE, ON THIS DAY OF
8Y:
VILLAGE PRESIDENT
•
ATTEST:
VILLAGE CLERK
STATE OF ILLINOIS)
S.S.
COUNTY OF COOK )
I, THOMAS J.. CESAL, AN ILLINOIS PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE ANNEXED PLAT IS AN ACCURATE REPRESENTATION
OF THE TERRITORY - INCLUDED IN THE ANNEXATION TO THE VILLAGE OF
LEMONT.
DATED THIS 22ND DAY OF JANUARY , 199T_.
18'22 ACRES
1131 ACRE$:
1691 ACRES'
LAII
ILLINOIS •ROFESSI •'AL
OR, NO. 2205
EXHIBIT E
Site Plan
[TO BE INSERTED]
NORTHERN BORDER PIPELINE COMPANY
LEMONT METER STATION SITE PLAN
445: 0
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