O-728-92 04/27/921
92349974
VILLAGE OF LEMONT
ORDINANCE NO. 7411___
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AN ORDINANCE AUTHORIZING THE EXECUTION OF
AN AMENDED ANNEXATION AGREEMENT KNOWN AS
TIMBERLINE II AND III ANNEXATION AGREEMENT
DATED OCTOBER 13, 1980 AND ADOPTED BY ORDINANCE NO. 438A
AND AMENDED DECEMBER 28, 1981 BY ORDINANCE NO. 466
7C133 t is
4-40464
CONTI
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This 62;7 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, linois, this c„? 7 day
of II , 1992.
60;‹ ylf,
GLq
, 1992.
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}
ORDINANCE NO. %
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED ANNEXATION
AGREEMENT KNOWN AS TIMBERLINE II AND III ANNEXATION AGREEMENT DATED
OCTOBER 13, 1980 AND ADOPTED BY ORDINANCE NO. 438A AND AMENDED
DECEMBER 28, 1981 BY ORDINANCE NO. 466.
WHEREAS, an amended Annexation Agreement has been drafted, a
copy of which is attached hereto and included herein; and
WHEREAS, the developers and the legal owners of record of the
territory which is the subject of said agreement are ready, willing
and able to enter into said amended agreement and to perform the
obligations as required hereunder; and
WHEREAS, the statutory procedures provided for in the Illinois
Municipal Code for the execution of said amended Annexation
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, WILL AND
DUPAGE, 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 "AMENDED AND REINSTATED ANNEXATION AGREEMENT FOR
TIMBERLINE II AND III" known as Ordinance No. 7J and dated the
a 7 day of �LtQ , 1992.
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 LEMONT, COUNTIES OF COOK, WILL, AND DuPAGE,
ILLINOIS, on this
Kenneth S. Bromberek
Barbara Buschman
Bert Ercoli
Richard A. Kwasneski
William Margalus
Ralph Schobert
day of
AYES NAYS
gitLENE SMOLLEN,
Approved by me this —2? day o
Attest:
1992.
PASSED ABSENT
Village Clerk
1992.
CHARLENE SMOLLEN, Village Clerk
RZLEY, Viflac President
AMENDED AND RESTATED ANNEXATION AGREEMENT
FOR THE DEVELOPMENT OF
TIMBERLINE SUBDIVISION II
This Amended And Restated Annexation Agreement (hereinafter, the "Agree-
ment") made this o2 day of ,O_-, 1992, by and between the VILLAGE OF
LEMONT, an Illinois municipal corporation (hereinafter, the "Village ") and F.I.D.C.,
Inc., an Illinois corporation (hereinafter, "FIDC "). The Village and FIDC are
sometimes referred to herein individually as a "Party" and jointly as the "Parties."
RECITALS:
A. FIDC is the owner of record of approximately fifty -five (55) acres of
real estate in the Village located adjacent to and north of 127th Street,
approximately one -half mile west of State Street (hereinafter, the "Territory "). The
legal description of the Territory is attached hereto as Exhibit A and incorporated
herein by this reference. The Territory is commonly known as Timberline II.
B. The Territory is the subject of an annexation agreement dated
October 13, 1980, adopted by the Village pursuant to Ordinance No. 438A, by and
among the Village and the then owners and developers of the Territory, which
annexation agreement was amended with regard to contributions to Lemont -area
school and park districts pursuant to an amendment agreement dated December 28,
1981, adopted by the Village pursuant to Ordinance No. 466, by and among the same
parties (said annexation agreement and amendment agreement are hereinaf ter
collectively referred to as the "Prior Agreement "). t.
yr'r'
C. The Prior Agreement references a recapture agreement providing for
the recapture of expenses incurred in the extension of public improvements serving
the Territory and other properties. Said recapture agreement is styled the
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"Timberline I Recapture Agreement For Sewer And Water," dated April 28, 1980
by and among the Village, the Bank of Hickory Hills as Trustee under Trust No.
1329 and a joint venture known as Timberline Development, adopted by the Village
pursuant to Ordinance No. 430 (hereinafter referred to as the "Recapture
Agreement "). Pursuant to certain conveyances and assignments, FIDC now holds all
rights and interests in the Recapture Agreement which were held by the Bank of
Hickory Hills as Trustee under Trust No. 1329 and the joint venture known as
Timberline Development.
D. FIDC owns certain additional property consisting of approximately 20
acres (hereinaf ter, the "Additional Property ") which is east of and adjacent to the
Territory. The Additional Property is legally described in Exhibit B hereto. The
Additional Property is commonly known as Timberline III.
E. Portions of the Territory and Additional Property were rezoned to the
R -4 Single - family Detached Residence District and B -1 Neighborhood Shopping
District zoning classifications pursuant to Ordinances Nos. 648 and 649 adopted by
the Village on January 22, 1990.
F. FIDC seeks to develop and offer the Territory and Additional Property
for single family and commercial /retail development. Further, FIDC seeks to
subdivide those portions of the Territory and Additional Property classified R -4 in
the manner depicted in the Preliminary Plat attached hereto as Exhibit C
(hereinaf ter, the "Preliminary Plat ").
G. By this Agreement, the Parties seek to establish amounts and
procedures for contributions to the Village and Lemont -area school and park districts
which will be affected by development of the Territory and Additional Property.
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x
H. Pursuant to this Agreement, the Parties seek to wholly amend and
restate the Recapture Agreement.
I. By this Agreement, the Parties seek to wholly amend and restate the
Prior Agreement in accordance with the procedures set out in Section 11- 15.1 -1 et
seq. of the Illinois Municipal Code (Ill. Rev. Stat., ch. 24, ¶11- 15.1 -1 et seq.).
J. A proposed amended annexation agreement, in substance and in form
substantially the same as this Agreement, was submitted to the Village, and all
notices, publications, public hearings and other matters attendant to the
consideration and approval of the execution of this Agreement have been made,
given, held and performed by the Village as required by Section 11- 15.1 -1 et seq.
of the Illinois Municipal Code as aforesaid, and all other applicable statutes, and by
all other applicable ordinances, regulations and procedures of the Village.
K. The Village acknowledges that the zoning and proposed development
of the Territory and Additional Property will be compatible with the planning
objectives of the Village, will permit orderly growth, planning and development of
the Village, will increase the tax base of the Village, and will promote and enhance
the general welfare of the Village.
L. The Mayor and Trustees of the Village (hereinaf ter, the "Corporate
Authorities ") have further duly considered the terms and provisions of this
Agreement and have, by a resolution duly adopted by a vote of at least two - thirds
of the Corporate Authorities then holding office, authorized and directed the Mayor
to execute, and the Village Clerk to attest, this Agreement on behalf of the Village.
M. It is the desire of the Village and FIDC that the development of the
Territory and Additional Property proceed as conveniently as possible, subject to the
Village's ordinances, codes and regulations, now or hereafter in force and effect, as
GLD0447 03/26/92 1315 3
modified or amended by this Agreement, and subject further to the terms and
conditions hereinafter set forth.
NOW, THEREFORE, for and in consideration of the mutual promises,
covenants and agreements set forth herein, the Parties hereby agree that the Prior
Agreement shall be wholly amended and restated as follows:
1. Recitals. The Parties confirm and admit the truth and validity of the
representations and recitations set forth in the foregoing recitals. The Parties
further acknowledge that the same are material to this Agreement and are hereby
incorporated into this Agreement as though they were fully set forth in this
Paragraph 1.
2. Authority. This Agreement is made and entered into by the Parties
pursuant to Section 11- 15.1 -1 et seq. of the Illinois Municipal Code.
3. Mutual Assistance. The Parties shall do all things necessary and
appropriate to carry out the terms and provisions of this Agreement and to aid and
assist each other in furthering the intent of the Parties as reflected by the terms
of this Agreement, including, without limitation, the holding of such public hearings
and the enactment by the Village of such resolutions and ordinances, the execution
of such permits, applications and agreements and the taking of such other actions
as may be necessary to enable the Parties to comply with the terms and provisions
of this Agreement.
4. Zoni . During the term of this Agreement the Village shall not
amend Ordinances Nos. 648 and 649 nor change the zoning classification of any
portion of the Territory and Additional Property without the written approval of
the owner(s) of the portion(s) of the Territory or Additional Property which would
be affected by such change. Lots within the Territory and Additional property may
GLD0447 03/26/92 1315 4
have minimum widths of 70 feet at the building line and side yards of not less than
10 feet.
5. Subdivision; Public Improvements.
(a) Preliminary Plat. At the same meeting of the Corporate
Authorities at which execution of this Agreement is authorized, the Village
shall adopt a resolution or ordinance approving the Preliminary Plat.
(b) Final Plats of Subdivision; Tree Surveys. FIDC and its successors
and assigns, may, from time to time during the term of this Agreement,
submit final plats of subdivision for all or portions of the Territory and
Additional Property identified in the Preliminary Plat; provided that any final
plat shall contain at least forty (40) lots. In addition to all other plans and
documents required by the Village's Subdivision Regulations, each final plat of
subdivision submitted to the Village for approval shall be accompanied by a
survey of the property subject to such plat identifying all trees larger than
ten (10) inches in diameter (as measured two (2) feet above grade) located
within buildable lots shown thereon.
(c) Public Improvements. FIDC shall extend, at no cost to the
Village, public streets, water mains, sanitary sewer lines, street lights,
sidewalks and street trees throughout the Territory and Additional Property
in accordance with final engineering plans submitted by FIDC with final plats
of subdivision and approved by the Village Engineer, which approval will not
be unreasonably withheld. Water mains shall be sufficient to deliver a
minimum of 1,000 gallons per minute free flow plus domestic flow with a
20 -pound per square inch residual pressure as currently outlined in the Illinois
Fire Insurance Code and required by the Lemont Fire Protection District, and
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shall be designed in accordance with the requirements of the State of Illinois
Environmental Protection Agency Bureau of Public Water Supply and with the
domestic and fire protection needs of the proposed development of the
Territory, as reasonably approved by the Village Engineer. Sanitary sewers
shall be designed in accordance with those standards adopted by the Village
Board of Health and the requirements of the Metropolitan Water Reclamation
District. Final engineering plans for each portion of the Territory and
Additional Property for which a final plat of subdivision has been proposed
must be submitted and approved by the Village Engineer prior to execution
of such final plat by the Mayor and Village Clerk. The Village Engineer may
reasonably require the oversizing of certain water mains and sanitary sewer
lines constructed within the Territory and Additional Property to accom-
modate development on properties outside of the Territory and Additional
Property. The Village will cooperate in executing, as necessary, all permit
applications which may be made by FIDC to the Illinois Environmental
Protection Agency and the Metropolitan Water Reclamation District. Upon
completion of a subdivision and final inspection of water mains, sanitary
sewer lines, street lights, sidewalks, street trees and public streets constructed
within the Territory and Additional Property, the Village shall accept, by deed
or bill of sale, such improvements and thereafter be responsible for their
maintenance. The Village shall cooperate with FIDC in obtaining and granting
all necessary easements in and to Village -owned rights -of -way to enable FIDC
to provide potable water service and sanitary sewer service to the Territory
and Additional Property. FIDC may delay construction of sidewalks and *a
planting of street trees within dedicated street rights -of -way until of ter
.iA
GLD0447 03/26/92 1315 6
3
construction of houses on lots adjacent thereto has commenced. All lot sale
contracts shall explicitly state which party has responsibility for constructing
sidewalks and planting street trees in adjacent street rights -of -way. The
initial phase of construction of public improvements within the Territory (for
the area covered by the first final plat of subdivision) shall be sufficient, as
reasonably determined by the Village Engineer, to provide public street access,
water service and sanitary sewer service to the property located west of
the Territory. Concurrently with approval of the first final plat of
subdivision for a portion of the Territory, FIDC shall grant the Village an
easement sufficient for construction of the 18 -inch sanitary sewer line
depicted on the Preliminary Plat from its terminus to 127th Street and an
easement to extend the 12 -inch water line adjacent to Timberline Drive to
127th Street and eastward to tie into an existing water line. Construction
of such sanitary sewer and water lines by the Village or its designee shall be
in accordance with engineering plans reasonably approved by the Village
Engineer. The Village Engineer shall provide a copy of such plans to FIDC
for comment. Neither FIDC nor any future owner of any lot or parcel within
the Territory or Additional Property shall be subject to any recapture
ordinance or payment for the costs of such construction.
(d) Storm Water Control. FIDC agrees to adhere to the current
Retention Policies of the Village and the Metropolitan Water Reclamation
District and to construct storm water control facilities which store and
convey storm water in accordance with final engineering plans approved by
the Village Engineer, which approval shall not be unreasonably withheld.
Storm water control facilities for the Territory and Additional Property may
GLD0447 03/26/92 1315 7
be constructed by FIDC wholly within the Territory and Additional Property
or, alternatively, on Outlots A and B in the Timberline I subdivision ( "Logan
Pond ") (said Outlots being owned by the Village pursuant to a deed dated
April 1, 1985 and recorded as Doc. No. 27496231). If FIDC constructs storm
water control facilities on either (or both) of said Outlots, FIDC shall (1)
design and construct such facilities so that they provide for storm water
detention /retention for the Territory and Additional Property as well as the
Timberline I subdivision in accordance with the current standards of the
Metropolitan Water Reclamation District (subject to approval by the Village
Engineer) and (2) pay $56,000 to the Village at the time of approval of the
first final plat of subdivision for a portion of the Territory /Additional
Property. FIDC shall install and maintain all drainage courses and storm
water detention /retention facilities; provided, however, such maintenance will
be turned over to the Village when subdivision improvements are accepted by
the Village. Construction of all storm water detention /retention facilities
shall commence prior to the installation of on -site roadway and storm sewer
systems to prevent property damage during interim improvement construction
and shall be completed (not including landscaping and other "finishing"
elements) to the degree required to provide storm water control for the
Territory and Additional Property and so as not to adversely affect
downstream properties or waterways. During the proposed development's
construction period, FIDC shall take temporary precautionary measures, as
reasonably required by the Village Engineer, to prevent storm water runoff
from causing erosion and depositing silt in the Illinois and Michigan Canal and
other tributary drainage ways. The Village shall cooperate with FIDC in
executing any application made to the Illinois Environmental Protection
Agency and the Metropolitan Water Reclamation District with regard to storm
GLD0447 03/26/92 1315 8
water control facilities. The Village will accept, by a properly executed Bill
of Sale, any dedication of storm water control facilities which are located
within a public road, right - of-way or easement area dedicated to the Village
on a plat of subdivision.
(e) Subdivision Improvement Security. In lieu of any bonds or cash
escrow deposit for public improvements as may be required by the Village
Subdivision Ordinance, FIDC shall furnish to the Village irrevocable letters of
credit, in required amounts, issued by a reputable banking or financial
institution authorized to do business in the State of Illinois. Such subdivision
security shall be deposited with the Village prior to commencement of
construction of public improvements within any portion of the Territory or
Additional Property which is the subject of a final plat of subdivision. The
amount of such security shall be equal to one hundred twenty -five percent
(125 %) of the estimated cost for such improvements as reasonably determined
by the Village Engineer. Upon completion of the construction of the public
improvements, or any part thereof, in accordance with the plans and
specifications therefore, FIDC shall request the Village Engineer to inspect
the same. Within twenty -one (21) days after such request, Village Engineer
and /or Public Works Director shall, in writing, advise FIDC of the condition
of the public improvements, of what corrections, if any, are necessary for
acceptance of said improvements by the Village. Upon completion of the
public improvements or any part thereof in accordance with the plans and
specifications therefor, the Village shall accept same upon the deposit of a
letter of credit or surety bond for one (1) year after acceptance in accor-
dance with Section X of the Village Subdivision Ordinance, and the Village
GLD0447 03/26/92 1315 9
3
shall return the security submitted to it by FIDC. Upon acceptance of the
public improvements (or any part thereof) by the Village, FIDC may reduce
the amount of any outstanding letter of credit or other security given by an
amount equal to the value of the improvements so accepted, provided that
such reduction shall not be more than an amount equal to ninety percent
(90 %) of the estimated cost of all improvements covered by the letter of
credit until such improvements are accepted. FIDC shall repair any damage
to public improvements installed in the Territory or Additional Property
resulting from construction activities by FIDC, its employees, agents,
contractors or subcontractors during the term of this Agreement. Within
thirty (30) days following their completion and final inspection, FIDC shall
deliver to the Village a properly executed Bill of Sale for the public
improvements (or any part thereof) and the Corporate Authorities of the
Village shall enact a resolution accepting dedication of such public improve-
ments.
6. Contributions.
(a) Village. As an annexation fee and contribution for off -site
roadway improvements, Village water system improvements and Village sanitary
sewer system improvements, a total of Fifteen Hundred Dollars ($1500) shall
be paid to the Village for each dwelling unit constructed on the Territory and
Additional Property. The schedule for this contribution shall be as follows:
Five Hundred Dollars ($500) shall be paid to the Village for each buildable
residential lot which is the subject of the Preliminary Plat within thirty (30)
days after the Village executes this Agreement; Five Hundred Dollars ($500)
shall be paid to the Village by FIDC for each buildable residential lot which
GLD0447 03/26/92 1315 10
is the subject of a final plat of subdivision at the time such final plat of
subdivision is approved by the Village for the portion of the
Territory /Additional Property covered by such final plat; Five Hundred Dollars
($500) shall be paid to the Village by the building permit applicant at the
time the building permit fee is paid for each dwelling unit constructed. FIDC
shall, concurrently with the recording of each such final plat of subdivision,
record a lien in favor of this Village against every buildable residential lot
within such subdivision requiring that Five Hundred Dollars ($500) must be
paid to the Village at the time building permit fees are paid.
(b) Park District. Contributions to the Lemont Park District for
development of the Territory and Additional Property shall be made at the
time(s) of final plat of subdivision approval in accordance with Lemont Ordi-
nance No. 606 for the portion of the Territory /Additional Property covered
by such final plat(s), subject to the following conditions and credits:
(1) At the time the first final plat of subdivision for any part
of the Territory is approved and recorded, Lots 133 and 134 as
identified on the Preliminary Plat shall be dedicated and conveyed to
the Lemont Park District regardless of whether said Lots are included
in such plat of subdivision. No credit against or deduction from the
contribution to the Lemont Park District for such first final plat of
subdivision for the value of said Lots shall be granted unless the
entirety of the Territory is included in such first final plat of
subdivision. If the entirety of the Territory is included in such first
plat of subdivision, a credit against or deduction from the contribution
to the Lemont Park District shall be given for the value of Lot 134
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(but not Lot 133) in the amount determined pursuant to Ordinance
No. 606.
(2) At the time the second final plat of subdivision for any
part of the Territory is approved, a credit against or deduction from
the contribution to the Lemont Park District for such second final plat
of subdivision shall be given for the value of Lot 134 (but not Lot 133)
in the amount determined pursuant to Ordinance No. 606.
(c) High School District. Contributions to Lemont High School
District #210 for development of the Territory and Additional Property shall
be made at the time(s) of final plat of subdivision approval in accordance
with Lemont Ordinance No. 606 for the portion of the Territory /Additional
Property covered by such final plat(s).
(d) Grade School District. Contributions to Lemont Grade School
District #113 for development of the Territory and Additional Property shall
be made at the time(s) of final plat of subdivision approval in accordance
with Lemont Ordinance No. 606 for the portion of the Territory /Additional
r.�
Property covered by such final plat(s).
(e) Lemont Library District. Contributions to the Lemont Library
District for development of the Territory and Additional Property shall be
made at the time(s) of final plat of subdivision approval in accordance with
Lemont Ordinance No. 606 for the portion of the Territory /Additional Property
covered by such final plat(s).
Contributions made for development of the Territory and Additional Property
pursuant to this Agreement and Lemont Ordinance No. 606 shall be on the basis
that all houses constructed on subdivided lots will have three (3) bedrooms.
GLD0447 03/26/92 1315 12
7. Recapture Agreement. At the same meeting of the corporate
authorities of the Village at which execution of this Agreement is authorized, the
Village shall adopt and approve an ordinance and agreement in the same form as
Exhibit D attached hereto, wholly amending and restating the Recapture Agreement.
S. Construction. Building permits, certificates of occupancy and stop
orders for construction within the Territory and Additional Property shall be issued
in accordance with the Village's building code. Unless the Village's Building and
Zoning Administrator permits otherwise, no building permit will be issued for a lot
which is not served by sewer and water and which does not abut a street which
is at least improved with a binder coat of asphalt. Sales and construction trailers
may be placed on the Territory and Additional Property upon approval by the
Village's Building and Zoning Administrator, which approval shall not be unreasonably
withheld. Building permits will be issued or denied by the Village within thirty (30)
days of receipt of proper application therefore. Applications will be considered and
acted upon by the Village in order of receipt.
(a) Anti - Monotony. The Village will reasonably enforce the following
standards within the residential portions of Territory and Additional Property
during the term of this Agreement: �?
(1) A minimum of four models of single - family homes will be
offered for sale at all times.
(2) A minimum of two elevations for each model will be
offered for sale at all times.
(3) Identical models with identical front elevations will not be
constructed next door to, directly across the street from, or
catercorner from one another.
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(4) Similar models may be constructed next door to, across the
street from, or catercorner from one another only if they have
different elevations.
(b) Tree Preservation.
(1) Buildable Lots. Each building permit application for a
subdivided lot shall be accompanied by a plot plan identifying the
location of all improvements to be constructed on such lot and
identifying the location of all trees on such lot as shown on the tree
survey for the plat of subdivision containing such lot. Each building
permit applicant shall, in consultation with the Village's Building and
Zoning Department, endeavor to save as many of the trees identified
by the tree survey as is reasonably possible. The building permit
applicant shall indicate on the plot plan each tree to be saved. If a
tree to be saved is removed, destroyed or damaged during construction
on the lot, such tree shall be replaced with three (3) trees having a
diameter of at least two (2) inches (as measured two (2) feet above;.
grade) from a species reasonably approved by the Village's Building and
Zoning Administrator (provided that no Poplar, Silver Maple, Box Elder,
Chinese Elm, Black Locust, Willow, Catalpa, Mulberry or any fruit tree
shall be allowed as a replacement).
(2) Identification /Construction. Prior to undertaking
construction within a street right -of -way, utility easement or buildable
lot, the contractor, builder or permit applicant responsible for such
construction shall tag the trees that are to be removed and surround
trees to be saved with a rope placed at least ten (10) feet beyond the
GLD0447 03/26/92 1315 14
drip line of each such tree. If a structure is to be constructed closer
than ten feet from the drip line of a tree to be saved, then the
location of the roped -off area may be adjusted as approved by the
Village's Building and Zoning Administrator. No mechanical vehicles or
construction machinery shall be allowed within the roped -off area
surrounding a tree to be saved.
The foregoing Anti - Monotony and Tree Preservation requirements shall be
applicable to the Territory and Additional Property for a period of only 180 days
from and after approval of the first plat of subdivision for a portion of the
Territory, unless the Village adopts one or more ordinances imposing the same or
similar requirements on all new single family residential construction within the
Village.
9. Remedies. Upon a breach of this Agreement, any Party, in any court
of competent jurisdiction, may be awarded damages or may obtain equitable relief
in the form of, but not limited to, specific performance, without showing irreparable
harm or lack of adequate remedy at law, or both. Notwithstanding the foregoing,
before the failure of any Party to perform its obligations under this Agreement shall
be deemed to be a breach of this Agreement, the Party claiming such failure shall
notify, in writing, the Party alleged to have failed to perform of the alleged failure
and shall demand performance. No breach of this Agreement may be found to have
occurred if performance has commenced to the satisfaction of the complaining Party
within thirty (30) days of receipt of such notice.
10. Captions. The captions herein are inserted only for convenience and
are in no way to be construed as part of this Agreement or as a limitation of the
scope of any particular sections to which they refer.
GLD0447 03/26/92 1315 15
11, Term. This Agreement shall be binding on the Parties for a term of
twenty (20) years from the date of this Agreement.
12. Contributions. No contributions or donations of property or cash,
including, but not limited to, impact fees to the Village or any agency thereof or
any local government which receives such contributions pursuant to Village
ordinances, shall be required of FIDC for development within the Territory and
Additional Property at any time except as specifically provided for in this
Agreement, provided that the Village may apply and charge its standard permit
fees, application fees, inspection fees and tap -on fees for construction within the
Territory and Additional Property.
13. Succession. The terms and provisions of this Agreement shall constitute
a covenant running with the land of the Territory and Additional Property and be
binding thereon, inure to, extend to and be for the benefit of FIDC's successors in
title to the Territory and Additional Property and be binding upon successor
corporate authorities of the Village and its successor municipalities. If a portion
of the Territory or Additional Property is sold, the seller shall be deemed to have
assigned to the purchaser any and all rights and obligations it may have under this
Agreement which affect the portion of the Territory or Additional Property sold or
conveyed and thereaf ter the seller shall have no further obligation under this -,
Agreement as it relates to the portion of the Territory or Additional Property
conveyed.
14. Amendment. This Agreement and the exhibits hereto (except Exhibit D,
which shall be governed by its own terms) may be amended only by the mutual
consent of the Parties, or their successors and assigns, by adoption of an ordinance
or resolution by the Village approving said amendment as provided by law, and the
GLD0447 03/26/92 1315 16
execution of said amendment by the Parties or their successors in interest as to the
portion of the Territory or Additional Property which is affected by such
amendment.
15. Governing Law. This Agreement shall be governed by and construed
in accordance with the laws of the State of Illinois.
16. Authority. The Village and FIDC warrant and represent that they
have the power and authority to enter into this Agreement in the names, titles
and capacities herein stated and on behalf of the entities represented or purported
to be represented by such Parties and that . all formal requirements necessary
required by any municipal, state or federal rules, regulations, orders, decrees and
ordinances and laws in order for them to enter into this Agreement have been fully
satisfied.
17. Time. Time is of the essence of this Agreement and all documents,
agreements and contracts executed pursuant thereto.
18. Notice. All notices, elections and other communications between the
Parties hereto shall be in writing and shall be mailed by certified mail, return
receipt requested, postage prepaid, or delivered personally, to the Parties at the
following addresses or to such other addresses as the Parties, by notice, designate:
If to the Village:
with a copy to:
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Village of Lemont
418 Main Street
Lemont, Illinois 60439
Attention: Village Administrator
John Antonopoulos
Village Attorney
221 E. 127th Street
Lemont, Illinois 60439
If to FIDC:
with a copy to:
FIDC, Inc.
16406 Lathrop
Harvey, Illinois 60426
Attention: F. Morgan Gasior
and Jeanette Funchion
Rudnick & Wolfe
203 N. LaSalle Street
Chicago, Illinois 60601
Attention: Gregory L. Dose
Notices shall be deemed received on the third business day following deposit in the
U.S. Mail given by certified mail as aforesaid, and upon receipt or refusal if
personally delivered.
19. Severability. If any provision, covenant, agreement or portion of this
Agreement or its application to any person, entity or property is held invalid, such
invalidity shall not affect the application or validity of such other provisions, cove-
nants or portions of this Agreement. If for any reason the annexation of the
Territory or Additional Property is ruled invalid, in whole or in part, the Corporate
Authorities, as soon thereaf ter as possible, shall take such actions (including holding
public hearings and adopting ordinances and resolutions) as may be necessary to
effect the spirit and intent of this Agreement and the objectives of the Parties, as
disclosed by this Agreement.
20. Inconsistent Provisions. Any provisions or requirements of this Agree-
ment or the ordinances and resolutions enacted by the Village pursuant to this 4.;')
•s
Agreement shall overrule, repeal and invalidate any inconsistent or contradicting ,k'),
provision of any other Village ordinance, regulation, agreement, policy or
requirement as such provision applies to the annexation, zoning classification or
development of the Territory and Additional Property.
GLD0447 03/26/92 1315 18
21. Entire Agreement. This Agreement supersedes the Prior Agreement,
all prior agreements, negotiations and exhibits and is a full integration of the entire
agreement of the Parties. The exhibits to this Agreement are hereby expressly
incorporated herein.
22. Estoppel Certificates. Any Party, or its successors and assigns, may
request and obtain from any other Party, or its successors and assigns, a letter or
certificate stating (1) whether this Agreement and the ordinances and resolutions
adopted pursuant to this Agreement are in full force and effect, (2) which covenants
and requirements of this Agreement and said ordinances have been performed,
(3) that no Party is in default of its obligations under this Agreement or said
ordinances, or, if a Party is in default, the nature and extent of such default, and
(4) the nature and extent of any amendment or modification to this Agreement or
said ordinances.
23. Counterparts and Duplicate Originals. This Agreement may be executed
in any number of counterparts and duplicate originals, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument.
GLD0447 03/26/92 1315 19
9
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
date first above written.
VILLAGE OF LEMONT, an Illinois
Municipal corporation
By:
ATTEST:
ce‘ereo<---
Village Clerk
F.I.D.C., INC., an Illinois corporation
3TEST:
Senior Vice President
GLD0447 03/26/92 1315 20
•
STATE OF ILLINOIS )
SS.
COUNTY OF COOK )
I, SgLtl' c ANN inAiU }Zowck/ a Notary public in the county and state aforesaid,
do hereby certify that Joseph S. Forzley, Mayor of the Village of Lemont and
Charlene M. Smollen. Clerk thereof, personally known to me to be the same persons
whose names are subscribed to the foregoing instrument as such President and Clerk,
respectively, appeared before me this day and personally acknowledged that they
signed and delivered the attached instrument of their own free will and voluntary
act, as the free and voluntary act of the Village of Lemont for the uses and
purposes therein set forth.
GIVEN under my hand and notarial seal
this c $'" day of (t , 1992.
Notary Public
My Commission Expires: ' " 15 , (9
" OFFICIAL SAL "
SALLIE ANN MANKOWSKI
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 5/15/95
STATE OF ILLINOIS )
) SS.
COUNTY ,�OF COOK )
I, AyLNrsA.. kEeS a Notary public in the county and state aforesaid,
do hereby certify that F. Morgan Gasior, President of F.I.D.C., Inc., an Illinois
corporation and Jeanette Funchion, Senior Vice President thereof, personally known
to me to be the same persons whose names are subscribed to the foregoing
instrument as such President and Senior Vice President, respectively, appeared before
me this day and personally acknowledged that they signed and delivered the attached
instrument of their own free will and voluntary act, as the free and voluntary act
of F.I.D.C., Inc. for the uses and purposes therein set forth.
GIVEN under my and and notarial seal
this atP "day of , 1992.
Notary Public
My Commission Expir�rs:,a L), )99 S-
GLD0447 03/26/92 1315
"OFFICIAL SE,A.L"
PAULNITA T. REES
mPUBIC, SIA�t OF IW 195
NpYARY fission Exp
�y Com
orza
�.4a
t =.
SCHEDULE OF EXHIBITS
Exhibit A Legal Description of Territory
Exhibit B Legal Description of Additional Property
Exhibit C Preliminary Plat of Subdivision
Exhibit D Amended and Restated Recapture Agreement
GLD0447 03/26/92 1315
EXHIBIT A
LEGAL DESCRIPTION OF TERRITORY
Lots 4 to 11, both inclusive, and Lot 14 in County Clerk's Division of the East 1/2
of the Southeast 1/4 of Section 30, Township 37 North. Range 11, East of the Third
Principal Meridian; also a tract of land beginning at the Southeast corner of said
Section 30; thence running West 8.50 chains to a stone; thence North 6 chains;
thence West 5.50 chains; thence North 4.0175 chains to a stone; thence East 14
chains to a stone; thence South 10.02 chains to a stone and the place of beginning
(except a certain tract being about 1 acre deeded by Ludwig Steinke and his wife,
to Independent Order of Oddfellows Society of Lemont, Illinois); and also (except the
following tract of land: Commencing at the Southeast corner of said Section 30,
for the point of beginning; thence West on the South line of Section 30, aforesaid,
a distance of 445.0 feet to a point on the East line of a certain tract of land
being about 1 acre, deeded heretofore by Ludwig Steinke and his wife, to the
Independent Order of Oddfellows Society of Lemont, Illinois; thence North on the
East line of certain tract of land, aforesaid, and on said line, extended North, a
total distance of 934.0 feet to a point; thence East on a line a distance of 445.0
feet to a point on the East line of the Southeast 1/4 of Section 30, aforesaid;
thence South on the East line of the Southeast 1/4 aforesaid, a distance of 934.0
feet to the Southeast corner of said Section 30, also being the point of beginning.),
all in Lemont Township, Cook County, Illinois and containing 54.66 acres more or
less.
GLD0447 03/26/92 1315 A -1
EXHIBIT B
LEGAL DESCRIPTION OF ADDITIONAL PROPERTY
A tract of land in the Southwest quarter of Section 29 and the Southeast quarter
of Section 30, described as follows: Beginning at the intersection of the West line
of said Section 29 and the North right -of -way line of Wend Street as taken by
Document No. 249080; thence North 89°43'36" East 489 feet along last said North
line to the East line of the West 489 feet of said Southwest quarter; thence South
0 °02'24" East 584 feet to a line 350 feet North of and parallel to the South line
of said Southwest quarter; thence South 89 °43'36" West 489 feet to the East line
of the Southeast quarter of said Section 30; thence South 89 °59'49" West 445 feet
to the East line of the property of the Independent Order of Oddfellows; thence
North 0 °02'24" West 584 feet to the North line of said Wend Street; thence North
89 °59'49" East 445 feet along last said North line to the place of beginning, all in
Township 37 North, Range 11 East of the Third Principal Meridian, in Lemont
Township, Cook County, Illinois.
AND
The South 350 feet of the West 489.0 feet of the Southwest quarter of Section 29
and the South 350 feet of the East 445 feet lying East and adjacent to One Acre
deeded heretofore by Ludwig Steinke and his wife, to the Independent Order of
Oddfellows Society of Lemont, Illinois, of Section 30, all in Township 37 North,
Range 11 East of the Third Principal Meridian, in Lemont Township, Cook County,
Illinois.
GLD0447 03/26/92 1315 B -1
EXHIBIT C
PRELIMINARY PLAT
T I EV BE L E fl 8 P11
.••■■• am" we. =
11111WMON •
Ay ; ; ;■ 411 '?
.41.: 4,1
Exhibit D
VILLAGE OF LEMONT
ORDINANCE NO.
AMENDING AND RESTATING ORDINANCE NO. 430 AND
TIMBERLINE I RECAPTURE AGREEMENT FOR SEWER AND WATER
(Recorded with Document No. 88565061)
This Ordinance and Recapture Agreement for Sewer and Water (hereinaf ter,
the "Ordinance and Agreement ") is made by and between the Village of Lemont,
an Illinois municipal corporation (hereinafter, the "Village "), and F.I.D.C., Inc., an
Illinois corporation (hereinafter, "FIDC "); the Village and FIDC are sometimes
referred to herein individually as a "Party" and jointly as the "Parties ".
RECITALS
A. Ordinance No. 430 established and adopted a recapture agreement with
Timberline Development, a Joint Venture, and the Bank of Hickory Hills as Trustee
under Trust No. 1329 dated December 7, 1977, who were then the owners of a
72 -acre subdivision for single - family homes commonly known as Timberline I, for
recapture of costs they incurred constructing a water system and sewer system to
serve a larger area than the Timberline I subdivision. Said recapture agreement was
titled "Timberline I Recapture Agreement for Sewer and Water" and was recorded
with Document No. 88565061.
B. FIDC subsequently became the owner and developer of the majority
of the Timberline I subdivision.
C. FIDC has succeeded to all rights, title and interests of Timberline
Development and Bank of Hickory Hills as Trustee aforesaid under Ordinance
No. 430 and the Timberline I Recapture Agreement for Sewer and Water.
GLD0446 12/03/91 1500
D. FIDC is the owner of record of an approximately 75 -acre tract of
property within the Village located north of 127th Street approximately a half mile
west of State Street, which property is commonly known as the Timberline II and
III subdivisions.
E. The Village determined, upon the advice and recommendation of the
Village Engineer, that it was in the best interests of the community to extend and
improve its municipal water and sanitary sewer systems in a manner which would
serve an area of land larger than the Timberline I, II and III subdivisions, part of
which larger area lies within the boundary of the Village and a part of which lies
in such relation to the Village boundary that it may be annexed to the Village in
the future.
F. Extensions of and improvements to the Village's water and sanitary
sewer systems were and will be carried out in the manner recommended by the
Village Engineer with the understanding that the Village would establish procedures
whereby equitable portions of the construction costs could be recaptured from the
owners and developers of other properties which would benefit from connection to
said extensions. A map depicting the location of the sanitary sewer system
improvements which are the subject of this Ordinance and Agreement (hereinafter,
the "Sewer Main ") and the area benefitted thereby, consisting of approximately 670
acres, is attached hereto as Exhibit A and incorporated herein by this reference.
G. This Ordinance and Agreement takes into account areas which have
been served and recapture payments which have been made pursuant to the 9
.u>
recapture agreement established by Ordinance No. 430. This Ordinance and
Agreement also takes into account new areas which may be served by extensions
and improvements to the Village's sanitary sewer system by FIDC's development of
GLD0446 12/03/91 1500 2
the Timberline II and III subdivisions.
H. The Village and FIDC have determined that Ordinance No. 430 and
the Timberline I Recapture Agreement for Sewer and Water should be amended to
revise and establish recapture areas and amounts.
NOW, THEREFORE, in accordance with Section 9 -5 -1 et seq. of the Illinois
Municipal Code, and in consideration of the foregoing recitals and of the covenants
and conditions hereinaf ter contained, the adequacy of which the Parties hereby
acknowledge, it is hereby ordained by the Village and agreed by the Parties that
Ordinance No. 430 and the Timberline I Recapture Agreement For Sewer And Water
be wholly amended and restated to read as follows:
1. Recitals. The foregoing recitals are material to this Ordinance and
Agreement and are incorporated herein as though fully set forth in this
Paragraph 1.
2. Costs. The entire cost of construction of the Sewer Main (including,
without limitation, costs of materials, construction, installation, easements,
rights -of -way and all legal and engineering fees and expenses), has been determined
to be $334,807.00.
3. Benefited Area. In order to effect a fair and equitable allocation of
the cost of the Sewer Main among those who will be benefitted by connection to
the Sewer Main, it is hereby determined that FIDC shall be entitled to recover the
principal sum of $334,807.00 with interest on the unpaid balance thereof at the rate
of eight percent (8 %) compounded annually from the date of this Ordinance and
Agreement from the person or persons from time to time owning all or any part
of the land area legally described in Exhibit B hereto and depicted in Exhibit A
hereto (hereinafter, the "Benefited Area "). Exhibit B is incorporated herein by this
GLD0446 12/03/91 1500 3
reference.
4. Recapture Fees. Before any lot or parcel within the Benefited Area
shall be connected directly or indirectly to the Sewer Main (i.e. is tributary to the
Sewer Main) the applicant for such connection shall pay to Village Clerk $499.71
for each acre of land within the Benefited Area to be connected together with an
interest charge thereon calculated in the manner prescribed in Paragraph 3 of this
Ordinance and Agreement. Fractional acres shall be charged a pro -rata share of
the required sum of money. The monies obtained pursuant to this Paragraph 4 are
hereinafter referred to as "Recapture Fee(s) ". In addition to collecting Recapture
Fees, the Village Clerk shall collect from each applicant an administrative fee for
the Village in the amount of two percent (2 %) of each Recapture Fee (including
interest thereon). No recapture fees for water service or water main connections
shall be due, payable or collected pursuant to this Ordinance and Agreement.
5. Payment to Owner. The Village Clerk shall pay FIDC or its designee
all Recapture Fees upon receipt thereof until FIDC has recovered the aggregate
principal amount of $334,807.00 together with interest charges thereon; all
Recapture Fees thereafter received by the Village Clerk, along with all
administrative fees, shall be deposited to the general fund of the Village for uses
and purposes appropriate thereto.
6. Collection. The Village shall make all reasonable efforts to collect
Recapture Fees at the time water and sewer connections are requested. The Village
may bring suit to enforce collection of same. FIDC may bring suit on behalf of
the Village to collect any Recapture Fees due and owing. In the event FIDC
prosecutes a collection lawsuit, the Village shall cooperate by allowing FIDC full and
free access to its books and records concerning the annexation and development of
GLD0446 12/03/91 1500 4
properties within the Benefited Area and the collection of Recapture Fees. Neither
the Village nor any of its officials shall be liable for monetary damages for failure
to collect Recapture Fees.
7. Other Fees. Nothing herein shall limit or in any way affect the rights
of the Village to collect other fees and charges pursuant to Village ordinances,
resolutions, policies or practices, including, but not limited to, water and sewer
connection, inspection, permit and tap -in fees, which fees and charges shall be in
addition to the Water Recapture Fees.
8. Ownership and Maintenance. Upon acceptance of the Sewer Main, the
same shall become the property of the Village. The Village, without cost to FIDC,
shall maintain and repair the Sewer Main in accordance with Village maintenance
policies and ordinances in effect from time to time.
9. Contract. This Ordinance and Agreement constitutes a contract
between the Parties and may be amended by the Parties from time to time without
the consent of any other person owning land within the Benefited Area, or any
other person paying Recapture Fees after the date of the enactment hereof. This
Ordinance and Agreement supersedes the recapture agreement established and
adopted by Ordinance No. 430 and all prior agreements, negotiations and exhibits
and is the full integration of the entire agreement of the Parties.
10. Conflicting Ordinances. All ordinances or parts of ordinances, including
Ordinance No. 430 and the Timberline I Recapture Agreement for Sewer and Water,
in conflict with this Ordinance and Agreement are hereby repealed.
11. Term. This Ordinance and Agreement shall be binding on the Parties
for a term of fifty (50) years from the date hereof, provided, however, that interest
on the unpaid balances of the Recapture Fees shall cease to accumulate of ter the
GLD0446 12/03/91 1500 5
tenth anniversary date of this Ordinance and Agreement. The Village's ownership
and maintenance of the Improvements shall be perpetual.
12. Notice. Any notice or other communication which may be desired or
required pursuant to this Ordinance and Agreement shall be in writing and shall be
deemed given if personally delivered or deposited in United States certified mail,
postage prepaid, addressed to the intended recipient at the addresses set forth
below, or to such other address as each Party may subsequently designate by notice
in accordance herewith:
If to the Village:
with a copy to:
If to FIDC:
with a copy to:
Village of Lemont
418 Main Street
Lemont, Illinois 60439
Attention: Village Administrator
John Antonopoulos
Village Attorney
221 E. 127th Street
Lemont, Illinois 60439
FIDC, Inc.
16406 Lathrop
Harvey, Illinois 60426
Attention: F. Morgan Gasior
and Jeanette Funchion
Gregory L. Dose
Rudnick & Wolfe
203 N. LaSalle St. #1800
Chicago, Illinois 60601
Notices shall be deemed received on the third business day following deposit in the
U.S. Mail, if given by certified mail as aforesaid, and upon receipt or refusal if
personally delivered.
13. All Actions Taken. The Village confirms that it has taken or shall take
all actions required by law to enable it to execute this Ordinance and Agreement
and to perform the covenants and conditions of this Ordinance and Agreement.
GLD0446 12/03/91 1500 6
t
14. Captions. The captions of paragraphs herein are inserted only for
convenience and are in no way to be construed as a part of this Ordinance and
Agreement or as a limitation of the scope of the particular sections to which they
refer.
15. Assignment. FIDC may assign its rights and obligations under this
Ordinance and Agreement so long as notice of such assignment is given to the
Village within thirty (30) days of such assignment.
16. Amendment. This Ordinance and Agreement and any exhibits attached
hereto may be amended only by the mutual consent of the Parties and adoption
of an ordinance by the Village approving said amendment, and the execution of
said amendment by the Parties or their successors in interest.
17. Governing Law. This Ordinance and Agreement shall be governed by
and construed in accordance with the laws of the State of Illinois.
18. Estoppel Certificates. A Party, or its successors, may request and
obtain from the other Party, or its successors, a letter or resolution stating
(1) whether this Ordinance and Agreement is in full force and effect, (2) which
covenants and requirements of this Ordinance and Agreement have been performed,
(3) that no Party is in default of its obligations under this Ordinance and
Agreement, or, if a Party is in default, the nature and extent of such default,
(4) the nature and extent of any amendment or modification to this Ordinance and 1;
Agreement, and (5) the amounts of Recapture Fees, interest charges and c:
administrative fees collected by the Village Clerk pursuant to this Ordinance and
Agreement and the amounts paid to FIDC.
19. Severability. If any provision, clause, word or designation of this
Ordinance and Agreement is held to be invalid by any court of competent
GLD0446 12/03/91 1500 7
jurisdiction, such provision, clause, word or designation shall be deemed to be
excised from this Ordinance and Agreement and the invalidity thereof shall not
affect any other provision, clause, word or designation contained herein.
20. Recording. FIDC shall present this Ordinance and Agreement to the
Recorder of Deeds for Cook County within thirty (30) calendar days after its
execution by the Village and FIDC.
21. Effective Date. This Ordinance and Agreement shall be in full force
and effect from and after its adoption, approval and publication by the President
and Board of Trustees of the Village.
Adopted this day of , 19 .
Ayes:
Nays:
Abstain:
Absent:
ATTEST:
Attest:
Senior Vice President
GLD0446 07/18/91 1143 8
Approved:
Village President
The terms and covenants herein
are agreed hereto:
F.I.D.C., INC., an Illinois
corporation
By:
President
•
AFFIDAVIT
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I, , a notary public in and for the
said County, in the State aforesaid, do hereby certify that Joseph S. Forzley,
President of the Village of Lemont and Charlene M. Smollen, Clerk thereof,
personally known to me to be the same persons whose names are subscribed to the
foregoing instrument as such President and Clerk respectively appeared before me
this day and personally acknowledged they signed and delivered the said instrument
of their own free will and voluntary act, and as the free and voluntary act of the
Village of Lemont for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of , 1992.
Notary Public
My Commission Expires
AFFIDAVIT
STATE OF ILLINOIS )
) SS
COUNTY OF COOK) )
I, , a notary public in and for the said
County, in the State aforesaid, do hereby certify that F. Morgan Gasior, President,
and Jeanette Funchion, Senior Vice President, of F.I.D.C., Inc., an Illinois
corporation, personally known to me to be the same persons whose names are
subscribed to the foregoing instrument as such President and Senior Vice President
appeared before me this day and personally acknowledged that they signed and
delivered the said instrument of their own free and voluntary act, and as the free
and voluntary act of F.I.D.C., Inc. for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of , 1992.
kt'a
41
Notary Public
My Commission Expires: 'l"'
GLD0446 12/03/91 1500 9
EXHIBITS
A. Sewer Main /Benefited Area Map
B. Benefited Area Legal Description
GLD0446 12/03/91 1500 10
•
\
• -4.11.:-Z.7. - -
EXHIBIT B
LEGAL DESCRIPTION
TIMBERLINE II AND III RECAPTURE AREA
8/8/91
89 -29
The South Half of Section 30, Township 37 North, Range 11, East
of the Third Principal Meridian in Cook County, Illinois,
(except that part of the Northeast Quarter of the Southeast
Quarter recorded as Timberline I, a subdivision of part of
Lot 7 in Peter Fischbach's Addition to Lemont, and part of
Lots 27 and 28 in Cook County Clerk's Division both in
Section 30, together with part of Lot 1 and all of Lots 2 and 3
in County Clerk's Division of Section 30, recorded April 5, 1979
as Document Number 24908074 and rerecorded October 12, 1979 as
Document Number 25190350.)
and also
The North Half of Section 31, Township 37 North, Range 11, East
of the Third Principal Meridian in Cook County, Illinois,
and also
The South 934 feet of the West 489 feet of the Southwest Quarter
of Section 29, Township 37 North, Range 11, East of the Third
Principal Meridian in Cook County, Illinois,
and also
The West half of Lot 19 in County Clerk's Division in Section 32
(also known as the West half of the North 53 Acres of the West
Half of the Northwest Quarter in Section 32) also Lot 21 in
County Clerk's Division in Section 32 (also known as the West
Half of the South 25 Acres of the West Half of the Northwest
Quarter in Section 32, in Township 37 North, Range 11, East of
the Third Principal Meridian in Cook County, Illinois (except
the North 750 feet of the East 300 feet thereof).
Excluding from all of the foregoing: that area designated and
appropriated for highway project F.A.P. 431 (extension of
Interstate Highway No. I -355).
B -1
93206249
THIS DOCUMENT PREPARED BY AND
AFTER RECORDING RETURN TO:
PIN NOS. 22 -29- 308 -004
22 -30- 402 -002, -003
22 -30- 403 -001 to 007
22 -30- 403 -009, 010
GREGORY L. DOSE
Ancel, Glink, Diamond, Cope & Bush,
140 South Dearborn
6th Floor
Chicago, Illinois 60603
(312) 782 -7606
P.C.
DEPT-09 r!tSC $37.50
T
. 42222 RAN 7841 03/19/93 09 :46 :00
. 01504 T * -93-- 206249
. COOK COUNTY RECORDER
GRANT OF EASEMENT FOR PUBLIC
UTILITY LINES IN TIMBERLINE II & III
.
THIS GRANT OF EASEMENT is made this 2nd day of
March , 1993, by F.I.D.C., INC., an Illinois
corporation (hereinafter "FIDC ").
RECITALS:
A. FIDC is the owner of record of land located in the
Village of Lemont, Illinois (hereinafter the "Village "), on the
north side of 127th Street and both sides of Timberline Drive,
which is legally described in Exhibit A hereto (hereinafter
"Timberline II & III ").
B. Pursuant to the Amended and Restated Annexation Agreement
for the Development of Timberline Subdivision II by and between the
Village and FIDC, dated April 27, 1992 (hereinafter "Annexation
Agreement "), FIDC has agreed to grant the Village easements
sufficient for the construction of specified sanitary sewer and
water lines through portions of Timberline II & III. FIDC has
further agreed to allow all public utility lines within such
easements.
PROVISIONS:
NOW, THEREFORE, in consideration of the requirements of the
Annexation Agreement and the recitals hereof, FIDC hereby grants
and states as follows:
1. RECITALS. The foregoing recitals are incorporated herein
as though fully set forth in this Paragraph 1.
2. PUBLIC UTILITY EASEMENT. A non - exclusive easement is
hereby granted to the Village, its authorized cable television
franchisee, Illinois Bell Telephone Company, Commonwealth Edison
Company and Northern Illinois Gas Company and their successors and
assigns for the installation, maintenance, relocation, renewal and
removal of underground sanitary sewer, water, gas, electric, cable
television and telephone pipelines, cables, conduit and related
facilities and appurtenances in that portion of Timberline II & III
described and depicted in Exhibits B and C hereto. This easement
shall include the right to enter upon said easement area for all
such purposes and the right without liability to cut, trim, alter
or remove any vegetation, roots, structures or devices within that
easement area as may be reasonably required for the purposes of
this easement; provided, however, that the affected property shall
be restored to its then pre- existing condition. No buildings,
structures or other obstructions shall be constructed or placed in
said easement area, nor shall any other uses be made thereof that
will interfere with the easement dedicated hereby. This easement
shall not prohibit owners of the property within said easement area
from constructing parking lots, roadways, driveways, walkways,
fences, patios and other similar facilities on the designated
easement area.
3. BINDING EFFECT. The easement granted herein shall be
appurtenant to Timberline II & III, and shall burden the property
described in Exhibits B and C hereto. The easement granted herein
is a unilateral grant that may not be amended or rescinded unless
and until the Board of Trustees of the Village adopts a resolution
consenting to such amendment or rescission.
IN WITNESS HEREOF, FIDC has caused this Grant of Easement to
be executed as of the day and year first written above.
EST:
eanette . Funchion
enior Vice President
F.I.D. C. , I C. an Illino
Corporati
F. MORGAN GASIOR,
President
STATE OF ILLINOIS
COUNTY OF COOK
I,
ss.
Mary Orlick
, a notary public in the
County and State aforesaid, do hereby certify that F. MORGAN
GASIOR, President of F.I.D.C., INC., an Illinois corporation, and
JEANETTE M. FUNCHION, Senior Vice President thereof, personally
known to me to be the same persons whose names are subscribed to
the foregoing instrument as 'such President and Senior Vice
President, respectively, appeared before me this day and personally
acknowledged that they signed and delivered the attached instrument
of their own free and voluntary act, and as the free and voluntary
act of F.I.D.C., INC . , for the uses and purposes therein set forth.
GIVEN UNDER MY HAND AND NOTARIAL SEAL this 2nd
March
My Commission Expires:
, 1993.
day of
v
No tary ublic
" 1, ;a IAL SEAL"
"
DIARY ()FLICK
NOTARY PUBLIC, STATE OF ILLINOIS
My Commission Expires 03/01/96
EXHIBIT A.
TIMBERLINE II & III LEGAL`; E RI TIOI!
COMMERCIAL PARCEL I
That part of the Southeast quarter of the Southeast quarter of '
Section 30, Township 37 North, Range 11 East.of the Third Principal
Meridian, described as follows: Beginning at the Southwest
corner of said Southeast Quarter of the Southeast Quarter; thence
North 0'04'37' Eaet 378.48 feet along the West line of said parcel;
thence South 89.56'41' East 141.69 feet; thence North 74'27'37•
East 66.03 feet; thonce North 89.59'49' Eaat 198.19 feet to the
Northwest corner of a cemetery; thence South 0.03'17' West 396.02
feet to the South line ot'said Southeast quarter; thence South
89•59149° .West 403.62 feet along last said South line to the place
of beginning, all in Cook County, Illinois.
Property contains 3.598 Acres, more or lees.
,aESIOENTIAL PARCEL 11
That part of the East Halt of the Southeast Quarter of Section 30 and
part of the west Half of the Southwest Quarter of Section 29 described
as follows: Beginning on the West line of said East Half of the
Southeast Quarter of Section 30 and the North line of Lot 4 in County
Clerk's Division of Section 30 as recorded June 8. 1880 as Document
Number 275199; thence South 89.52'56/, est 1322.91 feet along lest said
North line to the Eaet line of Bald Sou a Quarter of Section 30;
thence South 0.02'24' East 1315.71 feet to t North right -of -way line
of wend Street; thence South 09'59'49• West 445.00 feet; thence South
0'02'24' East 537.98 feet; thence South 89.59'49• West 676.41 feet;
thence South 74'27'37• West 66.03 feet;-thence North 09.56'41• West
141.69 feet to the West line of the East Half of the Southeast Quarter
of said Section 30; thence North 0.04'37' East 1874.03 feet along last
said Meet line to the place of beginning, all in Township 37 North.
Range 11 East of the Third- Principal Meridian in Cook County. Illinois.
ref of parcel 50.993 acrds, more or lean.
I
I
EXHIBIT A (continued)
RESIDENTIAL PARCEL 111
A tract of land In the Southwest quarter of Section 29.end the
Southeast quarter of Section 30, duscribed es toilowet ,
Beginning at the intersection of the West line of said Section 29
and the North right -of -Nay line of Wend Street es taken by
noeument No. 249080; thence North 09'43'36' East 489 feet •long
last said North line to the East line of the West 489 feet of
said Southwest quarter; thence South 0'02'24' Last 504 toot to
e line 350 feet North of and parallel to the Soaoth line of said
Southwest quarter; thence South 89'43'36• West 489 feet to the
East line of the Southeast quarter of said Section 301 thence
South 89'59'49' West 445 feet to the East line of the property
of the Independent Order of Oddtellows; thence Borth 0'02'24' West
584 feet to the North line of said Wend Street, thence North
89'59'49• East 445 feet along last said North lit+• to the place
of beginning, all In Township 37 North, Range 11 test Jt the
Third Principal Meridian, in Cook County. Illinois.
Property contains 12.522 Acres. more or less.
COMMERCIAL PARCEL IV
The South 350 feet of the West 409.0 feet of the Southwest quarter
of Section 29 and the South 350 feet of the East 445 feet lying
Fast and adjacent to One Acre deeded heretofore by Ludwig Steinke
and his wife, to the Independent Order of Oddfellaws Society of
Lemont, Illinois, of Section 30. all in Township 37 North, Range 11
Fast of the Third Principal Meridian, in Cook Ccmnty, Illinois.
Property contains 7.49 Acres, more or lees.
EXHIBIT B
TIMBERLINE II & III
PUBLIC UTILITY EASEMENT
LEGAL DESCRIPTION
A 20 foot strip of land in the Southwest Quarter of Section
30 centered over a line described as follows:
Commencing at the intersection of the East line of said
Section 30 and the North right -of -way line of Wend Street as
dedicated by Documen No. 24908068; thence North 00 02'24"
West along paid East line of Section 30, 356.27 feet to the j
South right of -way 1 ne of Roberta Street as dedicated by
Document No. 24908068; thence North 89 56'02" West along the
South right -of -way line of Roberta Street 71.06 feet to a
point of curvature; thence continuing along said South right -
of -way line on a curve convex to the South with a radius of
476.84 feet and an arc distance of 237.58 feet; thence South
00 51'10" West 78.82 feet to a place of beginning; thence
continuing South 00 51'10" West along last described line
158.18 feet; thence South 03 27'12' West 176.87 feet to the
North right -of -way line of Wend Street as dedicated by
Document No. 24908068; thence South 00 54'28" East 66.02 feet
to the South right -of -way line of Wend Street; thence South
00 02'24" East 297.54 feet; thence South 70 55'03" West
129.78 feet; thenoe South 00 02'24" East 528.04 feet to the
South line of the Southeast Quarter of said Seotion 30, said N
South line also being the centerline of 127th Street, all in n
Township 37 North, Range 11 East of the Third Prinoipal N
-Meridian, in Cook County, Illinois.
r.-+
■
1
0
107
94
95 E
93
92
91
90
6
41
t-0 I
tz)
--ROBERTA--
PONT OF 9cCapeIG
102
101
vur
sower
100
96
97
98
99
EXHIBIT B (dOntinued)
GRAPHIC SCALE
• •
tangs,
1 web • •• It
20' PUBLIC UTILITY
EASEMENT
mi. IA. • ADO f•all
31
20
32
33
34
35
30
21
29
22
27
26
25
24
28
23
7
9
10
11
12
13
14
19
- 18
17
15
16
\"
\ -- 100. Is II 4, St 101.101. Vs 1 I IF !CUM WV.
00
(.9
TIMBERLINE UNIT II & III
f REH90P15
EXHIBIT B
•
FRANKFORT
19350 S. Wall( AVENUE. FRANKFORT. IL.. 60423
PK1C4 1-706-720-1000 FAX 1-708-720-1065
OW. ENGINEERING LAND SRVEYING
"-:
LAND PLANNING./
EXHIBIT C
TIMBERLINE II & III
PUBLIC UTILITY EASEMENT
LEGAL DESCRIPTION
The southernmost 50 feet of the following parcels:
COMMERCIAL. PARCEL 1
That part of the Southeast quarter of the Southeast quarter of •
Section 30, Township 37 North, Range 11 East . of the Third Principal
Meridian, described as follows: • Beginning at the Southwest
corner of said Southeast Quarter of the Southeast Quarter; thence
North 0'04'37• East 378.48 feet along the West line of said parcel;
thence South 89.56'41• East 141.69 feet; thence North 74.27'37•
East'66.03 feet; thence North 89•59'49' Eaot 198.19 feet to the
Northwest corner of a cemetery; thence South 0.03.17• West 396.02
feet to the Routh line of said Southeast quarter; thence South
09.59.49• West 403.62 feet along last said South line to the place u;
of beginning. all in Cook County, Illinois.
•
Property contains 3.598 Acres, more or leas.
CG
COMMERCIAL PARCEL 1V
The South 350 feat of the West 409.0 feet of the Southwest quarter
of Section 29 and the South 350 feet of the Cast 445 feet lying
Fast and adjacent to One Acre deeded heretofore by Ludwig Steinke
and his wife, to the Independent Order of Oddfellows Society of
t.emont. Illinois, of Section 30. all in Township 37 North, Range 11
Enrt of the Third Principal Meridian, in Cook County, Illinois.
Property contains 7.49 Acres, more or lees.
"le
• •
68
69
GRAPHIC 6C ALP
I IF MO
I Y. • 40 •
50' PUBLIC UTILITY
EASEMENT
EXCEPTION
(CEMETERY)
93
92
2
91
3
89
WWI
— 1111111•111111011/ 111.11110
90
g.
4
5
6
7
9
10
11
12
13
STREET
6-=
11,
14
19
18
17
15
16
MO $ Mira* •
T
/ /
/
//
6 1111Wor •
FR ANKFOR T
!IP:11‘1111 1.350 S. HARLEM AVENUE. FRANKFORT. IL, 60423
PHONE: 1-7OG-720-1000 FAX: 1-70$-720-1065
- 1GPAL ENGINEERING LANO SURVEYING LANG PLANIWNG
TIMBERLINE UNIT II & HI
EXHIBIT C
•MYM•
•
RENSKNS: %
Ailunt
1,1
1
89-29
&A NO.:
31
20
32
33
34
35
30
21
29
22
27
28
25
24
28
23
7
9
10
11
12
13
STREET
6-=
11,
14
19
18
17
15
16
MO $ Mira* •
T
/ /
/
//
6 1111Wor •
FR ANKFOR T
!IP:11‘1111 1.350 S. HARLEM AVENUE. FRANKFORT. IL, 60423
PHONE: 1-7OG-720-1000 FAX: 1-70$-720-1065
- 1GPAL ENGINEERING LANO SURVEYING LANG PLANIWNG
TIMBERLINE UNIT II & HI
EXHIBIT C
•MYM•
•
RENSKNS: %
Ailunt
1,1
1
89-29
&A NO.: