O-24-97 04/28/97IF
Village of Lemont
418 Main Street
Lemont, IL 60439 -3788
97303783
DEPT-01 RECORDING $53. °S .
100003 IRAN R316 05/02197 12112:100
COOK COUNTY RECORDER
ORDINANCE NO. D-0111-97
AN ORDNANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 16.5 ACRE PARCEL GENERALLY LOCATED ON
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 c day of
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, Will an DuPage
Counties, Illi is, t i day
of , 1997.
, 1997
ORDINANCE NOD --97
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FORA 16.5 ACRE PARCEL GENERALLY LOCATED ON 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 "Callas Annexation
Agreement" dated the ' of >; �. , 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 VI E OF LEMO , COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS,
on this day of 1997.
Barbara Buschman
Alice Chin
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Approved by me this
AYES NAYS PASSED ABSENT
CHARLENE SMOLLEN, Village Clerk
• . 1997.
RI 1TP RD Av. SNESKI, Village President
HARLENE SMOLLEN, Village Clerk
Mail to:
Village Clerk
Village of Lemont
418 Main Street
Lemont, IL 60439
22 -35- 201 - 022 -0000;
CALLAS ANNEXATION AGREEMENT
ARTICLE TITLE
I Annexation
II Zoning and Land Use Restrictions
III Required Improvements
IV Easements and Rights -of -Way
V Site Plan Review
VI Fees, Building Ordinances,
Permits and General Matters
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
EXHIBIT
A
B
Approval of Plans
Letters of Credit
Notice of Violations
Maintenance Bond
Damage to Public Improvements
Warranties and Representations
Continuity of Obligations
Right to Enforcement
Terms of This Agreement
EXHIBIT
TITLE
Legal Description of Subject Property
Plat of Annexation of Subject
Property
C Pipeline Buildings Site Plan
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this 2/I /L day of
, 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 Chicago
Title and Trust under Trust Number / MCP/ (hereinafter referred to
as "OWNER ").
WHEREAS, OWNER is the owner of record of the 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 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 matters; 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,
2
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 the property becoming contiguous to the Village
limits.
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 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
OWNER acknowledges that contiguity of the TERRITORY may be subject
to legal challenge. The OWNER hereby agrees that it will not hold
the VILLAGE responsible for any legal action, nor will the OWNER
initiate any legal action against the VILLAGE should the TERRITORY
be disconnected from the VILLAGE in the future.
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 Commercial District.
3
2. It is understood by both parties that the northwest corner of
the TERRITORY is to be used for an underground pipeline
distribution system. In addition, the system will include several
above ground equipment buildings. These buildings may not meet
required setbacks from the property lines, and shall situated as
indicated on the Site Plan, attached hereto as Exhibit "C ". The
lots the equipment buildings will be situated on will also not have
frontage on a public street. The VILLAGE agrees to grant variances
from the Zoning and Subdivision Ordinances to allow said structures
and lots as proposed.
3. 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
use permitted under the B -3 Commercial District at the time of the
execution of the Agreement shall be denied to the OWNER, their
successors or assigns, unless the zoning classification of the
TERRITORY is amended by the petition of the OWNER, 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 the
zoning district most comparable to the B -3 Commercial District.
4. All VILLAGE imposed fees associated with the rezoning are
hereby waived.
5. The OWNER, in conjunction with construction of a shopping
center on the TERRITORY, shall be permitted to create and build on
two (2) outlots on the TERRITORY, after approval of as Plat of
Subdivision. Uses permitted on the outlots shall be those
permitted in the B -3 district, except that any bank constructed on
an outlot shall be permitted to have drive- through lanes without a
Special Use.
4
III
REOUIRED IMPROVEMENTS
1. The 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. The OWNER shall
also connect said development to VILLAGE water and sewer systems
upon extension of said water and /or sewer once they are extended to
within 200 feet of the TERRITORY.
2. The OWNERS shall construct, at the OWNERS' sole cost and
expense, such storm sewers, detention or _retention basins, and
other storm water management facilities as necessary upon any
development of the TERRITORY, or a portion thereof. The OWNERS
agree to adhere to the storm water management policies and
regulations of the VILLAGE and the Metropolitan Water Reclamation
District of Greater Chicago.
3. Any establishment of a commercial use by the OWNER shall
require conformance to the parking regulations specified for that
use under Section X of the Zoning Ordinance. Parking areas shall
be planned such that access is provided to and from adjacent
parcels for cross - access purposes including gas pipeline access
easements. The VILLAGE may require the recording of access
easements to provide such access.
4. The OWNER, at the OWNER'S sole cost and expense, agrees
to install public sidewalks and parkway trees along the street
frontage of the property when a commercial use is established.
5. The OWNER agrees to submit, to the Village Engineer for
review and approval, an outdoor lighting plan for the TERRITORY
when a commercial use is to be established.
IV
EASEMENTS AND RIGHTS -OF -WAY
1. The OWNER agrees to grant to the VILLAGE and other
governmental units easements for utilities, drainage, access and
other public purposes as necessary upon development of the
TERRITORY.
5
2. Upon development of the TERRITORY, the OWNER agrees to
dedicate to the public 50 feet of right -of -way for 131st Street and
Bell Road as measured from the centerline of said street.
V
SITE PLAN REVIEW
The OWNER agrees to submit a site plan to the VILLAGE for any
proposed commercial use which is to be established. Said site plan
shall be drawn to scale and shall include all proposed buildings,
parking lots, driveways, sidewalks, open space /landscaped area,
signs, lighting and utilities. The VILLAGE shall review the site
plan for conformance to all applicable VILLAGE ordinances and the
terms of this agreement.
VI
FEES, BUILDING ORDINANCES, PERMITS AND GENERAL MATTER
The OWNER agrees to comply in all respects with all then
applicable provisions of the VILLAGE Building Codes in connection .
with the construction of buildings in the TERRITORY.
VII
APPROVAL OF PLANS
VILLAGE agrees to expeditiously take action to approve or
disapprove all plats, plans and engineering submitted to VILLAGE by
OWNER. IF VILLAGE shall determine that any such submission is not
in substantial accordance with this .Agreement and applicable
ordinances, the VILLAGE shall promptly notify OWNER in writing of
the specific objection to any such submission so that OWNER can
make any required corrections or revisions.
VIII
LETTERS OF CREDIT
Upon development of the TERRITORY the OWNER agrees to furnish
adequate financial security in the form of an irrevocable letter of
credit to guarantee the completion of required public improvements,
including but not limited to sanitary sewer, storm sewer, detention
basins, water main extensions, and public sidewalks. Said letter
of credit shall be in an amount equal to 125% of the estimated cost
for said improvements as determined by the Village Engineer, and
shall be issued by a reputable, federally insured banking or
financial institution authorized to do business in the State of
Illinois. The letters of credit shall be subject to the review of
the VILLAGE Board of Trustees.
The dedication of the improvements to the VILLAGE shall be
deemed accepted upon formal action of acceptance by the corporate
authorities of the VILLAGE, and the delivery by the OWNER of a
properly executed Bill of Sale for all improvements contained
within the dedication.
Upon acceptance of dedication of the VILLAGE, the OWNER may
reduce the letter of credit or form of financial responsibility by
an amount equal to the value of the improvements so accepted.
Ix
NOTICE OF VIOLATIONS
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 by OWNER, so the OWNER may
forthwith proceed to correct such violations as may exist.
Moreover, the. VILLAGE 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 OWNER 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.
7
X
MAINTENANCE BOND
At the time or times of acceptance by 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, OWNER shall deposit with the VILLAGE 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 OWNER shall replace and repair any damage to public
improvements installed within, under or upon the subject realty
resulting from construction activities by OWNER, their successors
or assigns and their employees agents, contractors or
subcontractors during the term of this Agreement. OWNER shall have
no obligation hereunder with respect to damage resulting from
ordinary usage, wear and tear.
XII
WARRANTIES AND REPRESENTATIONS.
The OWNER represents and warrants to the VILLAGE as follows:.
1. That Chicago Title and Trust under Trust Number /D 9 9/Ji' is
legal title holder and the owner of record of the TERRITORY, and ( 9
that Sam Callas is the beneficiary of said trust and has power of L1
direction over said trust.
2. That the OWNER proposes to develop the TERRITORY in the
manner contemplated under this Agreement.
3. That other than the OWNER, People Gas Company and
Northern Border Pipeline Company, no other entity or person has any
interest in the TERRITORY or its development as herein proposed.
8
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed on the day and year first above written.
ATTEST:
VILLAGE CLERK
VILLAGE OF LEMONT AND THE
CORPORATE AUTHORITY THEREOF
BY:
PRESIDENT
OWNER
THE CHICAGO TRUST COMPANY
as Trustee under Trust No.212_2_61K
and not p sor.ally
ASSISTANT VICE PRESIDENT
It Is expressly understood and agreed by end between the pales hereto, anynng herein to the contrary notwithstanding,
that each and Si cl the watterifms, indetenfiles, reprt,„entations, coVenenta, tmdertaltings and agrzeresUls herein made on Me part
o tI'i vihEe in form pirpotin tg:r thg • repfe3selations. covenants; undertakincr. and agreemerM
OF said Trustee are nevettheir,:z c.,no osiri lArairts'.1 nD1 as peisomi, WV?, WIZ'S, trl.1-lutes,
Tati(,.ori 9o,rp,Izo of 'till) 1113 intenon of Undirtg said
inn?. pirFe..my t;.,,00d$7,Bly
SC:ey exoxise
rq..7.F.,onsf.?`ty otiiimr-ootl L,' nor ,chas at
l,S3111:74111 C.r an a:-;ut of any
VI% irtilurnerri cordained, eithet
ti io;r.asod.
10
IN WITNESS WHEREOF, the parties have caused this Agreement to
executed on the day and year first above written.
ATTEST:
LLAGE OF LEMONT AND THE
RPO TE AUTHORITY THEREOF
IDENT
OWNER
THE CHICAGO TRUST COMPANY
as Trustee under Trust No. / O 9 9 /de
and not son ally
BY:
h Is expressly understood and aq ed by and between Ste parks hereto, anything tarn to the oortrary notwithstanding,
pad each and ah of the w .rr ;e.ntss, trtdxrrf s, r prr-$entattcr*, vertO, ytdertakargc and agrzentes ,:s herein made an the part
of the Toe whiz at font; pr:,^x.',^, q ;hn trz? :w >. ^d *r c;, r2or ?atSOs, covenants, undertakings and agreement
a sa;.r id 7nw =Y s ^_ •Ct r?C>x r,x 6.1a ^t 93 persaI warranties, Indenrlies,
z e + ,.pzo r vX M thtIn } said
prrfeny spec*
.e _ .. :?t, (`fs"'1 al the Il5t specific*
y _ '0;2 tii `.110 exercise Or
- } _ ..r., .. ;A..i;roed by nCf sia➢ at
s .,.str T:>: ;�: or an a[ccrxR of any
eri c c
f � s c.r. Y! '.Ru GtSiriltnera contained, either •
expne' sC:. Fa: wry _ „ ary, cury "ur: j 3: ' .i.'wa58
x�c
10
ASSISTANT VICE PRESIDENT,
STATE OF ILLINOIS
SS.
COUNTY OF COOK
I, 4 0/Ar S/ % /, , a Notary Public in and for said
County, in the State aforesaid, DO HEREBY CERTIFY that
OANIVGRXACO
, 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
instrument as their own free and voluntary act.
Given under my hand and Notarial Seal this <akAj day of
p- r i l
"OFFICIAL SEAL"
Alda Di Mayo
Notary Public, State of Illinois
My Commission Expires 5/10/98
My commission expires:
, 1997.
Notary Public
11
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 35,
TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID
NORTHEAST 1/4; THENCE NORTH 0 °37'25" EAST, ALONG THE EAST LINE OF
SAID NORTHEAST 1/4, 897.20 FEET TO THE SOUTH LINE OF THE NORTH
425.00 FEET OF SAID NORTHEAST 1/4; THENCE NORTH 89 °47'18" WEST,
ALONG THE LAST DESCRIBED LINE, 557.22 FEET TO THE SOUTHEASTERLY
LINE OF THE COMMONWEALTH EDISON COMPANY RIGHT OF WAY, AS CONVEYED
BY DOCUMENT 20578060; THENCE SOUTH 58 °07'10" WEST, ALONG SAID
SOUTHEASTERLY LINE, 433.25 FEET TO THE EAST LINE OF THE WEST 400.00
FEET OF THE EAST 1/2 OF SAID NORTHEAST 1/4; THENCE SOUTH 0 °33'18"
WEST, ALONG THE LAST DESCRIBED LINE 670.92 FEET TO THE SOUTH LINE
OF SAID NORTHEAST 1/4; THENCE NORTH 89 °58'07" EAST, ALONG THE SOUTH
LINE OF SAID NORTHEAST 1/4, 921.85 FEET TO THE POINT OF BEGINNING,
ALL IN COOK COUNTY, ILLINOIS.
PIN #: 22 -35- 201 - 022 -0000;
Area Survey Company
. 1140 WM ' 11I 39•71
07•93
13372. lbws 001 92
MIRO (Mil 3411.73114 FA%(700; 3494372
/
/ ,f1
, �y1 •,/ CURRENT V1LLA4E LIMITS
/ o• / ` 557.22 S.59'47'Ia•E.
/ 0 v1
O
// a
ti a
141.
PLAT OF ANNEXATION''
TO THE VILLAGE OF LEMONT g�s ^ „..)783
THAT PART OF THE EAST 1/2 OF THE.NORTHEAST 1/4 OF SECTION 25,
TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS:
THENCE BEGINNING AT THE
EAST,, ALONGSCIE EAST LINE OP
.NORTHEAST NORTHEAST 897,20 FEET TO THE SOUTH LNE OF THE NORTH
425D 0 1'!!?A0 SAID THENCE NORTH 89.47'18" WEST,
ALO.G0 FEET OF DEID NORTHLINE 1/4;
ALONG E OF THE COMMONWEALTH EDISON 557.22
OMPANY RIGHT OF LAY, SA CONVEYED TO TIE SOUTHEASTERLY
BY DOCUMENT 20578060/ THENCE SOUTH 58.07'10" HS?, ALONG ?AID
FEET OF THE EAST 1/2 OF SAID NORTHEAST E 1/4 LTHENC' SOUTH 0•3311B"
WEST, ALONG THE LAST DESCRIBED LINE, 670.92 FEET 7' THE SOUTH LINE
OF SAID NORTHEAST 1/4; THENCE NORTH 89.58'07" EAST,ALONG THE SOUTH
LINE OF SAID NORTHEAST 1/4, 921.85 FEET TO THE POI? OF BEGINNING,
ALL IN COOK COUNTY, ILLINOIS.
LEMONT FORE PROTSCOIOM 3NET.
1
N
A
W
W
3
3
400'
HEREBY ANNEXED
1St sr
33' 33'
STREET
500*4 UM R EYL 14E104 36C )5.31•II. J
921.85'
5.87. 50' 07' v'.
SCALE : 1" + 100 Fi8•r
ROTE; -BY OPERATION OF LAN, THE NEW VILLAGE BOUNDARY EXTENDS TO THE.
FAR SIDE OF THE HIGHWAY WHICH IE ADJACENT TO THE PROPERTY. DEINO,
GROSS AREA:
33' ROADS:
NET AREA;
STATE OF ILLINOIS)
S.S.
COUNTY OF COOK )
APPROVED BY 'THE MAYOR OF THE VILLAGE
MEETING- HELD TRI8 DAY OF
OF LEMONT, ILLINOIS, AT A
• , 19 .
MAYOR
STATE OF ILLINOIS)
.
8.8. ..
COUNTY OF COOK. .)
•
THE TERRITORY'DESCRISED,IN.THIS PLAT OF ANNEXATION IS IDENTIFIED AS
THAT INCORPORATED AND MADE •A PART OF THE 'VILLAGE OF LEMONT,
ILLINOIS,'81 ORDINANCE NO. " ADOPTED BY THE PRESIDENT
AND THE BOARD OF TRUSTEES OF SAID. VILLAGE, ON THIS _ DAY OF
BY:
VILLAGE PRESIDENT
ATTEST:
VILLAGE CLERK
STATE OF ILLINOIS)
S.S.
COUNTY OF COOK )
•
I, THOMAS 3.. 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 1116 VILLAGE OF
LEMON?. • - .
DATED THI3 22340 DAY OF JANUARY , 1997 .
ILLINOIS ROFESSIOIRAL TANC'SVkOEYOR, NO. 2205
18'22 ACRES
113E ACRE
16.91 ACRES