Loading...
O-703-91 09/09/91AlF/f1:ze-74,--13-(5-4 VILLAGE OF LEMONT ORDINANCE NO. 703 et' "7 79 SEP 30 AM 10: 1.k! rTe IL. AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR BLUFF OAKS ESTATES ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 9z day of Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook , o nty Illinois, this day of 4,,,, .1,0 1991. ORDINANCE NO. 703 R91 55 8 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR BLUFF OAKS ESTATES WHEREAS, the 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 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 Agreement have been fully complied with. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTY OF COOK, 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 "BLUFF OAKS ESTATE LI ANNEXATION AGREEMENT" dated the 9 day of 1991, as to 27 acres, (a copy of which is attached hereto and made a part hereof). SECTION 2: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this 7 day of , 1991. R91 55987 AYES NAYS PASSED ABSENT v Richard Kwasneski (,, Kenneth S. Bromberek Barbara Buschman U William Margalus V Ralph Schobert Bert Ercoli Approved by me this 9 day of ENE SMO LE , Village C erk \B: \ORDINANCE \BLUFF.AUT J Phi S. F LEY, Vil g sident Rq I 55987 Draft 7/1/91 ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this t) day of 44 4s r , 1991, by and between the VILLAGE OF LEMONT, an Illinois municipal corporation (hereinafter referred to as "Lemont ") and FIRST NATIONAL BANK OF JOLIET, TUT 3597, AND DONALD F. HEDG, Developer, (hereinafter collectively referred to as "Owners "): WITNESSETH: PREAMBLE WHEREAS, Owners hold legal and equitable title to the property legally described on Exhibit "A" attached hereto and by this reference incorporated herein (hereinafter sometimes referred to as the "Subject Realty"); and, WHEREAS, the Subject Realty consists of approximately 27.609 acres, is presently situated within the unincorporated areas of the County of Will and is adjacent and contiguous to the corporate boundaries of Lemont pursuant to the provisions of Illinois Revised Statutes, Chapter 24, Section 7 -1 -1, (1989) subject Realty being separated from the existing corporate limits of Lemont only by existing forest preserve district lands owned by the Cook County Forest Preserve District and the Illinois Department of Transportation Right -of -Way, and. W HE RE A S , without regard to the existence of contiguity, the execution of this Annexation Agreement by the corporate authorities of Lemont is authorized by Chapter 24, Section 11- 15.1 -1 Illinois Revised Statutes, 1989, as amended; and WHEREAS, the Subject Realty is presently unimproved, and WHEREAS, no electors reside within the subject property, and WHEREAS, the Owners are desirous of annexing the Subject Realty to Lemont pursuant to the terms and conditions hereinafter set forth; and. WHEREAS, a Petition for Annexation has been filed with the Village of Lemont pursuant to Chapter 24, Section 7 -1 -8, Illinois Revised Statutes, 1989, as amended; said Petition covers the Subject Realty, which Petition is conditioned upon the execution of this Agreement. WHEREAS, the annexation of the Subject Realty shall extend the corporate limits of the Village of Lemont to the far side of each adjacent highway not heretofore annexed to any other municipality; and 1 R°1- 55987 WHEREAS, it is the desire to enter into an Agreement with respect to the annexation of the Subject Realty and various other matters pursuant to Chapter 24, Section 11- 15.1 -1 et seq., Illinois Revised Statutes, 1989, as amended; and WHEREAS, all public hearings, as required by law, have been held by the corporate authorities of the Village of Lemont, upon the matters covered by this Agreement; and WHEREAS, notice had heretofore been served on the Board of Town Trustees of DuPage Township, including the Township Commissioner of Highways, the Trustees of the Fountaindale Public Library District, and the Trustees of the Lemont Fire Protection District, pursuant to the provisions of Chapter 24, Section 7 -1 -1 of the Illinois Revised Statutes, 1989, as amended; WHEREAS, the corporate authorities of Lemont, after due and careful consideration, have concluded that the annexation and development of the Subject Realty, upon the terms and conditions hereinafter set forth, would further the growth of Lemont and enable Lemont to control the development of the area and serve the best interests of Lemont; and WHEREAS, by a favorable vote of at least two- thirds (2/3) of the Corporate Authorities of Lemont then holding office, a Resolution has heretofore been adopted authorizing the execution of this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and in further consideration of the mutual covenants, conditions and agreements herein contained, the parties hereto agree as follows: ARTICLE I INCORPORATION OF PREAMBLE The recitals contained in the Preamble hereto shall become a part of this Annexation Agreement. Both parties shall fully cooperate in carrying out the terms of this Annexation Agreement. Both Parties represent that they have full authority to enter into this Annexation Agreement pursuant to Law. ARTICLE II ANNEXATION Subject to the provisions of Chapter 24, Section 7 -1 -8, Illinois Revised Statutes, 1989, as amended, the parties respectively agree to do all things necessary or appropriate to cause the 2 891-55 ©87 Subject Realty to be duly and validly annexed to Lemont within thirty (30) days after the execution of this Agreement. ARTICLE III REZONING The parties respectively agree that upon Annexation the Subject Realty will be automatically zoned to a single family residential use with a minimum lot size of one (1) acre as a Planned Unit Development with an underlying zoning of R -2. ARTICLE IV RELIEF FROM ZONING - SUBDIVISION CONTROL ORDINANCE The following represents the variances from the Lmont Zoning Ordinance and Subdivision Regulations which are required for the approval of the Final Plat of Bluff Oaks Estates: 1. Reduced cul -de -sac width from 66 feet to 60 feet (Section VIII B.1.d of Subdivision Regulations). 2. 10 foot public utility easements to be located in front yards adjacent to right -of -way to protect rear yard trees (Section VIII D.1. of Subdivision Regulations). 3. 30 foot side or rear yard for Lot 12 (Section VII C.7.b of Zoning Ordinance). Notwithstanding the existing Ordinances of the Village of Lemont in relation to subdivision control and zoning, Lemont agrees to approve the Preliminary and Final Plat of Subdivision of Bluff Oaks Estates pursuant to the attached Preliminary and Final Plats and Engineering Plans of Bluff Oaks Estates attached hereto and identified as group Exhibit "B" within 30 days of the signing of this Agreement. 4. Sidewalks shall be not be required within the Subdivision. ARTICLE V APPLICABLE MUNICIPAL ORDINANCES Except as otherwise specifically provided herein, all applications for rezoning, subdivision, building or site improvement permits or other governmental approval or relief shall be processed and subject to the ordinances of the Village of Lemont generally in force within said Village at the time of said application. 3 R91- 5598:: ARTICLE VI BUILDING CODE The Building Code of the Village of Lemont, as the same may from time to time be amended and modified and enforced throughout the Village, shall apply to the Subject Realty, and all construction thereon shall be in conformance with said Code. ARTICLE VII ENGINEERING PLANS The Owners, their successors and assigns, shall cause any improvements upon the Subject Realty to be constructed pursuant to Final Engineering Plans and Specifications prepared by a registered professional engineer, which must be reviewed and approved by Lemont and its Engineer. Final Engineering Plans and Specifications may be modified to resolve engineering layout and design problems; provided, however, that each such modification shall receive the written approval of the Village Engineer. All Final Engineering Plans and Specifications will comply, where applicable with all ordinances, codes and standards in effect at the time of application for engineering approval, as the same may from time to time be amended and modified. In the event any conflict shall exist between any ordinance, code, standard, rule, regulation or criteria incorporated herein, then the ordinance, code, standard, rule, regulation or criteria determined by the Village Engineer of Lemont to be the most restrictive shall apply. Nothing herein contained shall prevent the Owners from developing Subject Realty in accordance with the Final Plat of Subdivision and Engineering Plans of Bluff Oaks Estates (Exhibit "B "). ARTICLE VIII SPECIFIC ON- SITE/OFF -SITE PUBLIC IMPROVEMENTS On -site and off -site public improvements shall be constructed in accordance with Owner's Final Plat of Subdivision of Bluff Oaks Estates and final Engineering Plans (Exhibit "B "). Lots shall be permitted to use private wells and septic or individual mechanical sewerage plants. 4 R91- 55987 ARTICLE IX OTHER PUBLIC IMPROVEMENTS A. ENGINEERING CONFORMANCE: All public improvements to be constructed shall be constructed in conformance with Article VII hereof and the Final Plat of Subdivision of Bluff Oaks Estates. Lemont has determined that the Final Plat of Subdivision of Bluff Oaks Estates meets or exceeds Lemont codes or standards incorporated in Article VII or, where Lemont codes are silent, that they meet generally accepted engineering standards. B. GOVERNMENT APPROVAL: Lemont agrees to use its best efforts to assist Owners in obtaining such permits or licenses as may be required from time to time under any and all State and Federal laws and regulations, including, without limitation, the Illinois Environmental Protection Act, for the purpose of permitting development of the Subject Realty. C. UTILITY EASEMENT: Owners shall grant adequate easements and rights -of- way for all public improvements and utilities, including cable television. All utilities shall be installed underground. D. LETTER OF CREDIT: In lieu of any performance or other bond required by the Code of Ordinances, Owners may submit a Letter of Credit, or Impound Account, issued by a sound financial institution, containing such terms and provisions as may be acceptable to Lemont. Such security shall be in a principal amount of not less than One Hundred Fifteen Percent (115 %) of the Village Engineer's estimate of the costs of all public improvements to be constructed upon the Subject Realty under the terms of this Agreement or any code, standard or specification incorporated herein. E. REPLACEMENT BY OWNERS: Owners shall replace and repair damage to public improvements installed within, under or upon the Subject Realty, including the final surface coat upon any road resulting from construction activities by Owners, their employees, agents, contractors or subcontractors during the term of this Agreement, but shall not be deemed hereby to have released any other party from liability or obligation in this regard. Owners shall have no obligation hereunder with respect to damage resulting from ordinary use, wear and tear. F. MAINTENANCE BOND: At the time or times of acceptance by Lemont of the installation of any part, component or all of any public improvement in accordance with this Section, or any other Section of this agreement, Owners shall deposit with Lemont a Maintenance Letter of Credit in the amount of fifteen percent (15 %) of the cost of the installation of the public improvement or component accepted by Lemont. This Letter of Credit shall be deposited with Lemont and shall be held by Lemont for a period of eighteen (18) months after the completion of 5 891 -55987 the component or improvement accepted. In the event defects in material and/or workmanship have developed within said period, then said Letter shall not be returned until correction of said defect and acceptance by Lemont of said correction, in accordance with paragraph G of this Article. Nothing herein shall be deemed in any way to limit Owner's obligations under paragraph F hereof. In the event Owners are unable to obtain a Letter of Credit in conformance with this Agreement, Lemont may accept such other security in lieu of said Letter as it may deem sufficient for the purpose herein described. G. PROCEDURE FOR ACCEPTANCE OF PUBLIC IMPROVEMENTS: Upon completion of any public improvement, any area or phase of development, in accordance with this Article, or any other Section or Article in this Agreement, and further, upon the submission to Lemont of a certificate from the engineering firm employed by Owners stating that the said public improvement, or portions or segments thereof, have been completed in conformance with this Agreement and the Final Plat of Subdivision and Engineering Plans of Bluff Oak Estates, the Village Engineer shall, within twenty (20) days after Lemont received the aforesaid certifications from the Owner's engineer, either: (1) accept said improvement, or any part of component thereof, and recommend approval to the Village Board, or (ii) designate in writing to Owners or their agents all alterations which shall be required to obtain final acceptance of said public improvement, specifically citing the sections of the appropriate ordinance or rule, regulation or standard incorporated in the Code of Ordinances or this Agreement relied upon by said Engineer. Final acceptance shall be further conditioned upon said improvements having been constructed in conformance with detailed Engineering Plans of Bluff Oaks Estates previously approved by the Village Engineer. Upon recommendations by the Village Engineer to Lemont, or after changes in said public improvements by Owners, as set forth in the written notice by the Village Engineer, Lemont shall either accept said public improvement or set forth in writing wherein said improvements or any part or component thereof do not comply with any Section of this Agreement or any other appropriate Village ordinance or code. After acceptance of any part, component or all of the public improvements by Lemont, the amount retained under the terms of the commitments for said public improvements shall be remitted to Owners, providing that the amount retained shall at all times prior to the completion of all public improvements called for herein remain not less than one hundred fifteen (115 %) percent of the Village Engineer's estimation of the cost of completion of said improvements. Upon completion and acceptance of Village, Owners agree to convey and transfer said public improvements or any part thereof so accepted, to Lemont by appropriate bills of sale or quit claim deed. H. ON- STREET PARKING: No parking will be permitted on any dedicated street or drive upon the Subject Realty. 6 R91-5598f ARTICLE X FEES A. ENGINEERING FEES: Owners shall be obligated to reimburse Lemont for engineering review fees incurred by Lemont in relation to the Annexation, Rezoning or Subdivision approval of Subject Realty in an amount not to exceed one and one -half percent (1 1/2 %) of the cost of the Public Improvements of said Subdivision. B. ANNEXATION FEES: Owners shall be obligated to pay annexation fees to Lemont in an amount not to exceed $85.00. C. LEGAL FEES: Owners shall be obligated to reimburse Lemont for legal fees incurred by Lemont in relation to the Annexation, Rezoning or Subdivision of Subject Realty in an amount not to exceed $1,000. D. BUILDERS PERMIT FEES: The building permit fees applicable to all construction on the Subject Realty shall be those charged by Lemont pursuant to Ordinance, as the same may be modified from time to time. E. OTHER FEES: All other fees provided for by ordinance and uniformly applied and collected in connection with the development of property within the corporate limits of Lemont, including all subdivision or planned unit development fees, shall be applicable to the Subject Realty. The payment of all fees due under this Article XI shall constitute a precondition to the approval by Lemont of any final plan, plat or site plan submitted by Owners under this Agreement. ARTICLE XI GENERAL PROVISIONS A. BUILDING PERMIT: Lemont agrees that within thirty (30) 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 Owners, their successors and assigns, or issue a Letter of Denial within said period of time, informing the Owners, their successors an assigns, as to the specific deficiencies in the application for permits, plans or specifications. All of such permit applications, plans and specifications, shall conform to this Agreement and all applicable ordinances and codes. B. OCCUPANCY CERTIFICATES: Lemont agrees to issue Certificate of Occupancy within fifteen (15) days after the application or issue a Letter of Denial within said period of time informing Owners, their successors or assigns, specifically as to what corrections 7 /7 81 -55987 are necessary as a condition to the issuance of a Certificate of Occupancy, quoting the section of any code or ordinance relied upon by Lemont in its request for correction. ARTICLE XII 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, Will 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 Memorandum as an objection to title, Lemont shall, if the Owners, their successors and assigns have complied in all respects with the terms of this Agreement, exercise its best efforts to secure the waiving of this Memorandum as a title objection. ARTICLE XIII MISCELLANEOUS PROVISIONS A. NOTICES: All notices hereunder shall be in writing and must be served either personally or by registered or certified mail to: 1. VILLAGE AT: Village of Lemont 418 Main Street Lemont, IL 60439 2. OWNERS AT: Donald F. Hedg c% Lyman C. Tieman Attorney at Law 167 N. Chicago Street Joliet, IL 60431 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. 8 R91-55987 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 Subject Realty, their assigns, lessees and upon any successor municipal authority of Lemont 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 Lemont have heretofore conducted a public hearing upon this Agreement. In the event any part or portion of this 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 an 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. G. CAPTIONS AND PARAGRAPH HEADINGS: The captions a n d 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 Lemont which may be in conflict with the provisions of this Agreement. 9 R91 -55987 2. Pursuant to the requirements of statute, the corporate authorities of the Village of Lemont 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 Lemont, 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 of Lemont, shall apply to the Subject Realty. 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 Owners, their successors or assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written. Village Clerk OWNERS: 'ATTEST: EXORER .MR PROVISION RI•STRI�' ANY LIARIWY OF FIRST I" BAhr OF JOLIET, STAMPED OP • REV J SF: SIDE HEKOF, IS If' EXPRESSLY MADE A PART H .... 10 VILLAGE OF LEMONT, an Illinois municipal corporation, FIRST 1■I TUT BY° ONAL BAN OF, JOLIET, rust Officer DONALD F. HEDG, Developer la R91 -55997 EXHIBIT A LEGAL DESCRIPTION Part of the East Half of the Northeast Quarter of Section 24, Township 37 North, Range 10 East of the Third Principal Meridian, in Will County, Illinois described as follows: Beginning at a point in the West line of the said East half of the Northeast Quarter, 309.1 feet South of the North line of the Northeast Quarter of Section 24, Township 37 North, Range 10; thence South along the said West line of the East Half of the Northeast Quarter to the North line of Lot 44 in Reed's Crest of Hill Estates Number Six (6); thence East along the said North line of Lot 44 to the Northeast Corner of said Lot 44, Thence South along the East line of said Lot 44, 496.19 feet to the North line of the South 20 Acres of the East 64 acres of the said East Half of the Northeast Quarter; thence Easterly along the said North line of the South 20 acres of the East 64 acres, 100 feet; thence Northerly parallel to the East line of said Lot 44, 300.0 Feet; thence Easterly parallel to the said North line of the South 20 acres of the East 64 acres, 415.0 feet; thence Southerly parallel to the East line of said Lot 44, 300.0 feet to the said North line of the South 20 acres of the East 64 acres; thence Easterly along said North line 122.19 feet; thence Northeasterly on an angle of 24 degrees 57 minutes 51 seconds to the left of the last described course extended, 75.02 feet; thence Northerly on an angle of 63 degrees 16 minutes 57 seconds to the left of the last described course extended, 1150 feet; thence Northwesterly on an angle of 1 degree 38 minutes 12 seconds to the left of the last described course extended, 334.86 feet to the South line of the North 309.1 feet of the said East half of the Northeast Quarter of Section 24, Township 37 North, Range 10; thence Westerly along the said South line of the North 309.1 feet, to the point of beginning. rJ - PREPARED BY: .301-03 pc ce)o 1,2.H\ ST tettori 2L, MAIL TO: V LciiG,- 3F ( 67—t -roc'J i "'f 1 `?1 p ,+ 1J a i