Loading...
O-709-91 11/25/91VILLAGE OF LEMONT ORDINANCE NO. 91044? 9 4 4 VI. B 2 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR THE PROPERTY COMMONLY KNOWN AS 195 WEST 127TH STREET c ADOPTED BY THE . DEPT-01 RECORDINGS $120.00 PRESIDENT AND BOARD OF TRUSTEEST-tilll IRAN 3544 01/14/92 1003:00, OF THE VILLAGE OF LEMONT • 07552 A *-92-024944 COOK COUNTY RECORDER This 523q day of , 1991. f ir WITH TR'S 1:t 0 0 DOWNWArr le** aribm#40,.^ Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will-and DuPage Counties, Illinois, this c25 day of 7Zerl-z._6-e-,z..— , 1991. 92021944 LET/x/c9A-)/— 9/1 /f/1 iv Sr LE coot-) (13 ORDINANCE NO. 9 4 4 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR THE PROPERTY COMMONLY KNOWN AS 195 WEST 127TH STREET WHEREAS, the Annexation Agreement has been drafted, a copy �f which is attached hereto and included herein; and WHEREAS, the developers and legal owners of record of the erritory which is the subject of said agreement are ready, willing and able to enter into said agreement and to perform the Jbligations as required hereunder; 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, WILL AND DUPAGE, STATE OF ILLINOIS, AS FOLLOWS: SECTION 1: That the President be and is hereby authorized :.end directed, and the Village Clerk is directed to attest to, a document known as the DAY ANNEXATION AGREEMENT dated the d25 day ,;f , 1991, as to the territory consisting of 0.92 acres legally described therein. 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 LE ONT, COUNT S OF COOK, WILL, AND DUPAGE, ILLINOIS, on this day of , 1991. 92024944 Richard Kwasneski Kenneth S. Bromberek Barbara Buschman William Margalus Ralph Schobert 13 rt Ercoli AYES SCCCC 9 4 4 NAYS PASSED ABSENT CHARLENE SMOLLEN, Village Clerk :proved by me this ` day of (17-� 1991. Agi. :446 0,3 P! FORZLEY / =il. age President Attest: CHARLENE SMOLLEN, Village Clerk This document prepared by Planning Division Village of Lemont 418 Main Street r,emont, Illinois 60439 22 -29 -309 -012 A: \ORD \AAEX11 /91 9 4 4 ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this day of , 1991, between the VILLAGE OF LEMONT, a municipal corporation of the County of Cook, in the State of Illinois (hereinafter referred to as "VILLAGE ") and MARCY ANN VODZIAK, as Trustee under Trust Agreement dated June 29, 1984 (hereinafter referred to as "OWNER "). W I T N E S S E T H: WHEREAS, OWNER is the owner of record of the real estate (hereinafter referred to as "PARCEL "), legally described as follows: Lot 2 in Lemont Highlands Subdivision of the South 372.50 feet of the East half of the South West quarter of Section 29, Township 37 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded March 16, 1949, as Document No. 14513964, in Cook County, Illinois (Commonly known as 195 W. 127th Street, Lemont, IL.) WHEREAS, OWNER has submitted to the VILLAGE a Petition for Annexation and OWNER intends to develop and use the PARCEL in accordance with those uses and special uses as allowed under the B -1 category of the VILLAGE Zoning Ordinance; and WHEREAS, the existing building upon the PARCEL has its southerly most wall approximately 67.80 feet from the north line of 127th Street which street abuts the PARCEL on its southerly boundary, and the classification of the PARCEL as B -1 District will require the granting of variance from the 80 foot set back 9 4 4 from abutting streets for property so classified under the existing zoning ordinance; and WHEREAS, the parties hereto desire the PARCEL 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 PARCEL, 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, if any, and shall include all of every highway so annexed; and WHEREAS, notice has been given to the appropriate municipal authorities as required by law to receive such notice; and WHEREAS, the parties desire, pursuant to Chapter 24, Article 11, Division 15.1 of the Illinois Revised Statutes, to enter into an Agreement with respect to Annexation of the PARCEL and various other matters; and WHEREAS, pursuant to the provisions of that Statute, the corporate authority of said VILLAGE has duly fixed a time for and 2 9 4 4 held a hearing upon the Annexation Agreement and has given notice of said hearing; and WHEREAS, said hearings were held pursuant to notice as required by law, and said public hearings were held prior to the execution of this Agreement; and WHEREAS, the corporation authority of the VILLAGE has considered the Annexation of the PARCEL described in the Petition and has determined that the best interest of the VILLAGE will be met if the PARCEL is annexed to the VILLAGE and used 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 24, Article 7 of the Illinois Revised Statutes, the parties hereto respectively agree to do all things necessary or appropriate to cause the PARCEL to be validly annexed to the VILLAGE as promptly as possible upon the execution of this Agreement. 2. The Plat of Annexation of said PARCEL is attached hereto as Exhibit A. Said Plat extends the new boundaries of the VILLAGE to the far side of any adjacent highway. 3 9 4 4 II ZONING AND VARIANCE AND SET BACK VARIANCE Upon the Annexation of the PARCEL to the VILLAGE, the parcel shown on the attached as Exhibit A shall be classified under the existing zoning ordinance as B -1, and that there be simultaneously granted a variance to reduce the building set back line from eighty feet (80') to sixty -seven and eight tenths feet (67.8'), being the actual location of the southerly most wall of the existing structure on the PARCEL. III SEWER AND WATER The VILLAGE shall cooperate with OWNER in obtaining and granting all necessary easements in and to VILLAGE owned rights- of-way, to enable OWNER to connect to potable water and sanitary sewer service for the PARCEL. Accordingly, OWNER shall, as promptly as potable water and sanitary sewer service is available to the PARCEL, take all actions, including payment of applicable fees and costs, to access such potable water and sanitary sewer service. Iv FEES, BUILDING ORDINANCES, PERMITS AND GENERAL MATTER The OWNER agrees to comply in all respects with all present and future applicable provisions of the VILLAGE Building Codes in connection with the construction and /or rehabilitation of 4 9 4 4 buildings on the PARCEL and further, otherwise applicable provisions of Village ordinances, Building Code and regulations promulgated thereunder notwithstanding, OWNER agrees: (i) That prior to the issuance of building permits, a grading plan be approved by the Village Engineer. (ii) That prior to construction of the parking lot, a detailed plan be submitted to the Village Engineer to illustrate compliance with Section X of the Lemont Zoning Ordinance. (iii) That a detailed planting plan and sign detail be approved by Village Planning Staff prior to issuance of occupancy permits. (iv) That plans for any future expansion of the existing improvements by building addition be approved by the Lemont Planning Commission. (v) That the exterior of the existing structure be improved in substantial conformance with the rendering presented at the Public Hearing. Roof materials and the number of expanded windows installed will be reviewed upon submittal of building permit application. V GENERAL PROVISIONS A. BUILDING PERMIT: VILLAGE agrees that, within twenty -one (21) days after receipt of a complete application, it will either issue such building and other permits as may, from time to time be requested by OWNER, his successors and assigns, or issue a Letter of Denial within said period of time, informing the OWNER, his successors and assigns, as to the specific deficiencies in the application for permits, plans or specifications. All of 5 9 4 4 such permit applications, plans and specifications, shall conform to this Agreement and all applicable ordinances and codes. B. OCCUPANCY CERTIFICATES: VILLAGE agrees to issue Certificate of Occupancy within ten (10) days after the application or issue a Letter of Denial within said period of time informing OWNER, his successors and assigns, specifically as to what corrections are necessary as a condition to the issuance of a Certificate of Occupancy, quoting the section of any code or ordinance relied upon by VILLAGE in its request for correction. VI RECORDATION The parties agree to do all things necessary to cause a Memorandum of this Agreement to be recorded in the Office of the Recorder of Deeds, Cook County, Illinois. Said Memorandum shall be executed contemporaneously with this Agreement and recorded within ten (10) days of execution. Should any title insurance company issuing commitments for title insurance raise this cr r_r m Memorandum as an objection to title, VILLAGE, shall, if the OWNER, his successors and assigns, have complied in all respects t©�! with the terms of this Agreement exercise its best efforts to secure the waiving of this Memorandum as a title objection. VII MISCELLANEOUS PROVISIONS A. NOTICES; All notices hereunder shall be in writing and must be served either personally or by registered or certified mail to: 9 4 4 1. VILLAGE AT: Village of Lemont 418 Main Street Lemont, Illinois 60439 2. OWNER AT: c/o William E. McNulty O'BRIEN, O'ROURKE, HOGAN & McNULTY 135 South LaSalle Street Suite 830 Chicago, Illinois 60603 3. To such other person or place which any party hereto, by its prior written notice, shall designate for notice to it from the other parties hereto. B. BINDING. EFFECT, TERM AND AMENDMENT: This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of record of the PARCEL, their assigns, lessees and upon any successor municipal authority of VILLAGE and successor municipalities, for a period of twenty (20) years from the date set forth in the first paragraph of this Agreement. This Agreement may be amended from time to time with the consent of the parties hereto, pursuant to statute in such case made and provided. C. SEVERABILITY: This Agreement is entered into pursuant to the provisions of Chapter 24, Section 11 -15.1 et seq., Illinois Revised Statutes, 1989, as amended. The corporate authorities of VILLAGE have heretofore conducted a public hearing upon this Agreement. In the event any part or portion of this 7 9 4 4 Agreement, or any provision, clause, wording or designation contained within this Agreement is held to be invalid by any Court of competent jurisdiction, such part, portion, provision, clause, wording or designation shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect the remaining portions thereof. D. ENFORCEABILITY: This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by any appropriate action at law or in equity including an action for specific performance to secure the performance of the covenants contained herein. E. SURVIVAL OF REPRESENTATIONS: Each of the parties hereto, for themselves, their successors, assigns, heirs, devisees and personal representatives, agrees that the warranties and recitals set forth in the preamble to this Annexation Agreement are material to this Agreement, and the parties hereby confirm and admit their truth and validity and hereby incorporate such representations, warranties and recitals into this Agreement and the same shall continue during the term of this Agreement. F. GENDER: Unless the provisions of this Agreement otherwise require, words imparting the masculine gender shall include the feminine; words imparting the singular number shall include the plural, and words imparting the plural shall include the singular. 8 9 4 4 G. CAPTIONS AND PARAGRAPH HEADINGS: The captions and paragraph headings incorporated herein are for the convenience only and are not part of this Agreement. H. CONFLICT IN REGULATIONS: 1. The provisions of this Agreement shall supersede the provisions of any ordinance, codes, policies or regulations of VILLAGE which may be in conflict with the provisions of this Agreement. 2. Pursuant to the requirements of statute, the corporate authorities of the VILLAGE shall adopt such ordinances as may be necessary to put into effect the terms and provisions of this Agreement. I. CHANGES IN REGULATIONS: It is understood and agreed, except as otherwise provided for herein, the Zoning, Subdivision Control, Planned Unit Development, Building Code and all other ordinances including all fees and charges of 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 PARCEL. Notwithstanding the foregoing, it is expressly understood and agreed by the parties that during the term of this Agreement, no use permitted under the Zoning District at the time of the execution of this Agreement shall be denied to the OWNER, his successors or assigns. 9 4 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. VILLAGE OF LEMONT AND THE CORPORATE AUTHORITY THEREOF By: ATTEST: OWNER: WEM:ld \c: \annexation.agr VODZIAK, der Trust Agreem 29, 1984 10 a rustee ert dated June 520,E Y�`I EXISTING VILLAGE LIMITS zor SCALE: I "= 40' COMMONLY KNOWN AS: 195 W. 127th STREET LEMONT, ILLINOIS 0DD P o.eg, rF , TO INSURE AUTHENTICITY OF ANY COPIES, THEY MUST BEAR THE SURVEYOR'S IMPRESSED SEAL. 1 1 • 1 a N 3 PLAT OF ANNEXATION LOT 2, IN LEMONT HIGHLANDS SUBDIVISION, A SUBDIVISION OF THE SOUTH 372.50 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 16, 1949, AS DOCUMENT NO. 14513964, IN COOK COUNTY, ILLINOIS. ZONED B -I 9.82' / / 9.96' STATE OF ILLINOIS ) COUNTY OF WILL ) / C/X.. UT 8 oN cua� ZONED B -3 / / / 124,04' FR. GAR. N 24.1' N 35.01' 1 16.5. 6/ • 27.6' I ISTORY c o.a' STN. S FRM. i0 o 24.3' 1 1 LOT 2 34.76' GRAVEL DRIVE 17' , 12' Pip 0,e0�° a /PF 16.0'.. a M d14.2 124.07' (t. 127th STREET I, ROBERT A. ROGINA, ILLINOIS REGISTERED LAND SURVEYOR NO. 2017, DO HEREBY CERTIFY THAT I HAVE SURVEYED THE PROPERTY DESCRIBED IN THE ABOVE CAPTION AND THAT THIS PLAT OF SURVEY IS A CORRECT REPRESENTATION THEREOF. DATED THIS 20th DAY OF NOV ER 19 91 ROBE A. ' OGINA COMPARE DESCRIPTION AND POINTS BEFORE BUILDING AND REPORT ANY APPARENT DIFFERENCE TO THE SURVEYOR. REFER TO DEED OR GUARANTEE TITLE POLICY FOR BUILDING LINE RESTRICTIONS OR EASEMENTS NOT SHOWN ON PLAT OF SURVEY. SCALE: LOT 2, LEMONT HIGHLANDS 1' = 40' DATE: 11/20/91 DRAWN BY: T.A.L. REVISED: ROGINA & ASSOCIATES, LTD PROFESSIONAL ENGINEERS & LAND SURVEYORS 93 CATERPILLAR DRIVE, JOLIET, ILLINOIS 60436 (815) 729 -0777 BYRNE DRAWING NO: 1335.011