O-03-99 01/25/199999573054
5680/0071 21 001 Page 1 of 6
1999 -06 -15 15:00=47
Cook County Recorder 59.00
PLAT WITH �E��
VILLAGE OF LE! ONT
ORDINANCE NO.
DATE OF APPROVAL
ORDINAlNCE VACATING PART OF HOLMES STREET
WHEREAS, a Petition was filed by the Stough Group requesting that part of Holmes
Street be vacated; and
WHEREAS, the Village Trustees of the Village of Lemont, conducted a public heari
pursuant to notice in connection with said vacation; and
WHEREAS, the vacation of said street will allow for more orderly development of the
property; and
WHEREAS, no evidence was presented in objection to said vacation and it is in the best
interest of the Village of Lemont to vacate said street.
NOW, 'II±EREFORE, BE IT ORDALNED by the President and Board of Trustees of
the Village of Lemont that the following described property be vacated: (see Exhibit "A").
Except that: The Village of Lemont shall retain an easement for ingress, egress and
public utilities as shown on the attached Plat of Vacation; and
NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of
the Village of Lemont that the Plat of Vacation attached hereto be hereby approved.
99573054 Page 2 of 6
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
IRE VILLAGE OP LEMONT, COUNTIES OF COOK, WILL AND DuPAGE, ILLINOIS,
on this .. ''ti" day of,,,, ti� ,, , 1999.
Barbara Buschman
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Mary Studebaker
Approved by me this `" day of
Attest:
AYES
NAYS
PASSED
ABSENT
CHARLE_NE M. SMOLLEN, Village Clerk
T�1 $IGN,ATh;rr'':
ARE cI n
NE M. SMOI.I.FN, Village Clerk
, 1999.
A. KWAS age President
ARE 44
Document Prepared by:
Planning Department
Village of Lemont
418 Main Street
Lemont, Illinois 60439
APPROVED AS TO FORM:
DA
VILLAGE A
•
99573054 Page 3 of
EXHIBIT A
THAT PART OF THE EAST 1 OF HOLMES STREET LOCATED NORTHERLY OF THE
NORTH RIGHT -OF -WAY LINE AT TALCOTT STREET ( EXTENDED EASTERLY), AND
SOUTH OF THE SOUTH LINE OF THE ILLINOIS & MICHIGAN CANAL, ALL IN THE WEST
1 OF THE SE 1/4 OF SECTION 20, TOWNSHIP 37 NORTH RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
•
, ••••••■•-• •
, • • • -
.. .'.. '
• • • . • • •
1 . • . ,.... •
•
•
•
•
... ..... .
\ ,
6 Sr'C'4Y(1. — — - ..... .',. i-cc' - •
'6;
..•
-••••••••
..-•••••
" ...... ,............
••••••'
Ns
.••• •••••
....••••••""'
-••••••-•
Ora 4N
040
LO-1-
_ ........
.......
.....
•
aalEll
_ -1
r
•
■
cdi
1
4
•
lii ilk 7
\
n
•`\
�a M CA%AL
I. &
A
CANAL
uo'
ttos
A c c
r .f s
Ito'
TALC O TT AVE. TrtTi�
Vl
-3
N
Ztal
Pick
0
PA A r, Srr E ET
�•; �'; ..
NIT
C-•
S.
SOUTHERLY RESERVE LINE OF THE I. & AI. C11
60'
CK
13
(Jo
t4
N
5
50'
4
3
2
50'
50'
5
4
7
2
BLOCK
15
50'
1
NORTH
10
r
R.O.W. LIME OF /.C.C.R
5
50'
50'
5
6
R. PER S EE
— 4 co t- s,,w; v, s,..,
— vst.y of -g..# Strc• t
Assn,-- vi,:-3 c40- 'ILI ff.f."., Stw- i
(r it.L'Caf (.., P(. K. Corot as u 464 �,v,t.
10 j21'(4t 4s Pet gf vI iz &i✓
AGREEMENT
This Agreement is made as of this 27th day of October, 1998 by and among the
Village of Lemont, Illinois, a municipal corporation ( "Village "), Alan Senffner and Cheryl
Senffner, husband and wife (collectively, "Senffner") and Lemont Senior Housing L.P. 1, an
Illinois limited partnership ( "Partnership ").
RECITALS
WI-RF,REAS, the Partnership desires to construct a planned development
townhome rental project to be known as Lemont Senior Apartments (the "Project ") on the
property described on Exhibit A attached hereto (the "Project Property") in accordance with
Village Ordinance No. (O-f„ -'18 , which development will create new rent restricted
affordable housing in the Village;
WHEREAS, access to the Project Property is severely prohibited due to the
presence of a railroad right -of -way line south of and adjacent to the Project Property;
WHEREAS, the Village has agreed that it is in the best interests and general
welfare of the residents of the Village to promote the Project by the Partnership, and therefore
desires to assist the Partnership as more particularly set forth below;
WHEREAS, Senffner currently holds good and marketable title to certain
property located west of and adjacent to the Project Property, as more particularly described on
Exhibit B attached hereto (the "Senffner Property'); and
WHEREAS, Senffner has agreed, subject to the terms contained herein, to convey
a portion of the Senffner Property to the Village for purposes of construction of a public street,
such portion depicted on Exhibit C attached hereto ,(the "Roadway Parcel "), which street shall
provide access to the Project Property.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Covenants and Duties of Senffner.
a. Senffiaer shall convey to the Village, by warranty deed, good marketable
title to the Roadway Parcel to the Village of Lemont, free and clear of all liens and
encumbrances whatsoever. Senffner shall deliver such documents as may be required by the
Village in order to obtain a title insurance policy to the Roadway Parcel evidencing such
marketable title and the absence of any liens or encumbrances. Conveyance shall take place
upon not less than ten (10) days prior written notice from the Partnership and simultaneously
with the conveyance of the Partnership Swap Parcel (described below) to Senffner and payment
by the Village of 535,000 pursuant to Section 2(a) hereof (the "Closing ").
b. Senffner shall be responsible for the payment of all real estate taxes up to
the date of transfer of title to the Roadway Parcel to the Village. Immediately after receipt of
title to the Roadway Parcel, the Village shall apply for and obtain an exemption from real estate
taxes for the Roadway Parcel.
c. At Closing, Senffner shall convey to the Partnership, by warranty deed,
good and marketable title to that portion of the Senffner parcel legally described on Exhibit D
attached hereto [and any interest Senffner may have in the east half of Grant Street] (the
"Senffner Swap Parcel "), free and clear of all liens and encumbrances whatsoever. Senffner
shall deliver any documents required by the Partnership in order to obtain a title insurance policy
to the Senffner Swap Parcel evidencing such good and marketable title and the absence of any
liens or encumbrances.
d. At Closing, Senffner will grant a twenty (20) foot pedestrian easement to
the Village along the north property line of the Senffner Property, adjacent to the Illinois and
Michigan Canal. The Village will prepare and record such easement at its cost.
e. Senffner will execute a plat of subdivision for the Senffner Property upon
request of the Partnership (prepared pursuant to 3d below) provided that such plat subdivides the
Senffaer Property into lots as shown on Exhibit E, subject only to minor dimensional variations.
2. Covenants and Obligations of Village.
a. At Closing, the Village shall pay Senffner the sum of $35,000 upon
transfer of the Roadway Parcel to the Village as required herein.
b. At Closing, the Village will convey, by separate quit claim deeds, to
Senffner and the Partnership, any interest the Village may have in the Illinois and Michigan
Canal Reserve Right -of -Way affecting the Senffner Property or the Project Property, as
applicable.
c. The Village shall provide a letter to Senffner acknowledging that any
difference between (i) the market value of the Roadway Parcel plus any reduction in the value of
the remainder of the Senffner Parcel and (ii) $35,000 shall be considered a donation to the
Village.
d_ The Village agrees to vacate those portions of Grant Street, Julia Street,
Catherine Street lying north of Hugunn Street, and that portion of Grove Street east of Grant
Street and west of a line fifty feet east of and parallel to the east line of Catherine Street by
execution and recordation of a plat of vacation prepared pursuant to Ordinance No. 0 , T .
e. The Village hereby warrants that the use of PVC piping under the building
slabs to be constructed on the Project Property in the location and manner depicted on
preliminary plans provided by the Partnership, to the Village are permitted as a matter of Village
Code.
f. The Village agrees to waive Village subdivision fees in connection with
the development of the Senffner Parcel (but not building permit or water or sewer tap -in fees or
meter charges).
g. The Village hereby agrees to waive park district fees in connection with
development of the Project Property.
h. The Village agrees that all tax increment generated by the Project Property
shall be used to retire the tax increment financing bonds to be issued in connection with the
development of the Project Property and the Village shall execute and. deliver at Closing a
Redevelopment Agreement with Partnership and such other documents reasonably required to
reflect such agreement, in substantially the form delivered by the Partnership to the Village.
i. The Village shall charge the Partnership only for out -of- pocket (i.e., third
party engineering review costs) for building permits necessary for the development of the Project
Property.
3. Covenants and Obligations of the Partnership.
a. At Closing, the Partnership will convey to Senffner, by warranty deed,
good and marketable title to that portion of the Project Property described on Exhibit F attached
hereto [and any interest the Partnership may have in the West half of Grant Street] (the
`Partnership Swap Parcel"), free and clear of all liens or encumbrances whatsoever. The
Partnership shall deliver such documents as may be required by Senffner in order to obtain a title
insurance policy to the Partnership Swap Parcel evidencing such marketable title and the absence
of any liens or encumbrances.
b. The Partnership shall be responsible for the payment of all real estate taxes
up to the date of transfer of title to the Partnership Swap Parcel to Senffner. This obligation shall
survive closing. The Partnership and Senffner agree to prorate taxes upon receipt of the second
installment bill for 1998.
c. The Partnership will improve the Roadway Parcel to Village standards for
a 2 -lane roadway and shall provide sewer and water stubs at each of the lots described in 3.d
below.
d. The Partnership will provide necessary basic engineering and surveying
services as required by the Village for creation of a plat of subdivision for the subdivision of the
Senffner Parcel into five separate lots substantially as depicted on the drawing attached hereto as
Exhibit E. Such plat shall be recorded at, and as a condition to Closing. The Partnership will
also pay any subdivision application fees of the Village associated with such plat.
4. cluing.
a. Each party agrees to deliver and execute such additional documents as
may be reasonably necessary for the consummation of the transactions set forth herein, including
affidavits of title, transfer tax declarations, tax division petitions and closing statements.
b. Closing shall take place on April 30, 1999, or such earlier date as may be
selected by the Partnership and set forth in a notice delivered not less than 10 days prior to such
date, at Lawyers Title Insurance Company (Loop office) in accordance with the general
provisions of a deed and money escrow agreement consistent with the terms of this Contract.
The cost of the escrow shall be divided equally among the parties.
5. Performance. Time is of the essence of this Agreement. In the event of
any breach of this Agreement by any party and continuation of the same for five (5) business
days after notice, the other parties may seek any remedies available at law or in equity,
including, but not limited to, damages arising from such breach, (including reasonable attorney's
fees and costs).
6. Successors and Assigns. This Agreement shall be binding upon, and
inure to the successors and assigns of the parties hereto.
7. No Third Party Beneficiaries. The parties agree that this Agreement is
intended only for the benefit of the parties hereto and their successors and assigns, and no benefit
is intended to be conveyed to any third party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date written above.
Att t:
Charlene Smollen, Village Clerk
Lemont Senior Housing L.P. I, an Illinois
limited liability company
By: Lemont Development Corporation.
an Illinois corpo film, its general
partner
a
By:
Its: Presid
'asneski Ma or
/.)HJ )
Cheryl Senffner
PROJECT PROPERTY.„/
LEGAL DESCRIPTION
THAT PART OF TOWN OF ATHENS, BEING A SUBDIVISION IN THE NORTH PART
OF THE EAST RALF OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP
37 NORTH, RANGE 11 EAST OF THE TURD PRINCIPAL MERIDIAN DESCRIBED
AS FOLLOWS:
LOT 5 IN BLOCK 11 AND LOTS 5 AND 6 IN BLOCK 17 AND THAT PART OF
GROVE STREET ADJOINING SAID LOT 5 IN BLOCK 11 AND LOT 5 IN BLOCK
17;
ALL IN COOK COUNTY, ILLINOIS.
PARCEL 1:
Lots 1, 2, 3, 4 and 5 in Block 121 Lots 1, 2, 3, 4 and S in Block 13; Lots 1, 2, 3, 4, 5,
6, 7, 6, 9 and 10 in Block 15; Lots.1 to 10, both inclusive, in Block 16; all in Town of
Athens, being a subdivision in the North part of the East 1/2 of the Southeast 1/4 of
Section 20, Township 37 North, Range 11, East of the Third Principal Meridian; Except the
railroad rights of way in and across said Lots 6, 7, 8, 9 and 10 in Block 15 and Lots 6,
7, A, 9 and 10 in Block 16; in Cook County, Illinois_
PARCEL 2:
That part ct Catherine Street, Julia Street and Grove Street adjoining Blocks 12, 11, 14,
15 and 16, Town of Athens aforesaid, and that part cf Grant Street adjoining Blocks 13,
14 and 15, Town of Athens aforesaid, and bounded Westerly by the west line of said Bast_
1/2 of the Southeast 1/4 of Section 20; except the railroad rights of way in and across
raid Streets; in the East 1/3 of the Southeast 1/4 of Section 20, Township 37 North,
Range 11, East of the Third Principal Meridian, in Cook County, Illinois.
NOTE: The above Parcel 2 legal description is for convenience purposes only, based an cie
description furnished us, and is subject co such amendments and modifications as deemed
necessary upon our receipt and examination of proper vacation ordinance(s) of the Village
of Lemont vacating said above - described streets or parta thereof.
PA .C2L 3 :
Lots 1, 2 and 3 in Block 14 in Town of Athens, in the East 1/2 of the Southeast 1/4 of
Section 20, Township 37 North, Range 11, East of the Third Principal Meridian, Except the
railroad rights of way in and across said :.ota 2 and 3, in Cook County, T1linois.
A Project Property
B Senffner Property
C Roadway Parcel
3D Senffner Swap Parcel
E Senffner Property Lots
F Partnership Swap Parcel
::0DMAIPCDOCSICHICAGO1179314
EXHIBIT A
PROJECT PROPERTY
�.� M CANAL
1 110'
CRNAc.
4 ,t.„ its
uo�
O_
FALCOTT AVE.
L'J
C!.J
cn
H
TAL CoTF AVE. (ExT.
D
AAA rAr STiz r ET
wwN
SOUTHERLY RESERVE LINE OF THE !. & M. CANAL
rJ
N
50' 5
LOCK
3 1
13
50'
60'
7 1
15
5
I 50'
4
3
2
_
1
50'
5
50'
rJ
N
50' 5
4
3 1
50'
7 1
15
9
r�-
(1)
OF /. C. C.R
50'
5
6
R. PER SN££
— Cot S,AsliJisien
— As'vn.e vsi.y 'k of Ge-..,t Struet
— Assure us;%y c"+- JIL.Jf 14.1».J St•Cr- 11:10
n..tti.c'1-4/&dr, k,.'rt (S cd,6,1 q 4U 441•040,t.
t012 Wtf )fit Pr► Kt-vino/
Z.'' s
EXHIBIT B
SENFFNER PARCEL
ALL OF LOT 14 EN COUNTY CLERKS DIVISION OF UNSLBDIVIDED LAND IN SECTION 20, TOWNSHIP
37 NORTH, RANGE 1,1 EAST OF THE THIRD PRINCIPAL VIERJDIAN, IN COOK COUNTY, ILLINOIS.
EXHIBIT C
ROADWAY PARCEL
(1
EXHIBIT D
SENFENER SWAP PARCEL
THAT PART OF LOT 1a IN COUNTY CLERKS DIVISION OF CNSUBDIVIDED LAND LAC SECTION 20,
TOw'NSHIP 37 NORTH, RANGE 11 EAST OF TIME THIRD PRINCIl'AL MERIDIAN, LN COOK COUNTY,
ILLINOIS, LYING EAST OF THE CEN*TERLLNE OF GRANT STREET AND THE EXTENSION OF SUCH
C 2 TERLLNE TO THE SOUTHERN LINE OF THE ILLINOIS AND MICHIGAN CANAL
EXHIBIT E
SENFFNER PROPERTY LOTS
EXHIBIT F
PARTNERSHIP SWAP PARCEL
LOTS 1, 2 AND 3 IN BLOCK 14 LN TOWN OF ATHENS, IN THE EAST HALF OF THE
SOUTHEAST QUARTER OF SECTION 20, RANGE 37 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, EXCEPT THE RAILROAD RIGHTS OF WAY IN AND
ACROSS LOTS 2 AND 3, LN COOK COUNTY, ILLINOIS.
3323