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O-835-94 04/25/94il • m152919 VILLAGE OF LEMONT ORDINANCE NO. S:255- VILLAGE OF LEMONT 418 Main Street Lemont, IL 60439 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 9.3 ACRE PARCEL GENERALLY LOCATED NORTH OF ARCHER AVENUE AND EAST OF CASTLEWOOD ESTATES (Bailey's Crossing) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This day of , 1994. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will and DuPage Counties, G Illinois, this -:25- day of , 1994. PIN 22 -27- 300 -025 Ak ORDINANCE NO. �JJ AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 9.3 ACRE PARCEL GENERALLY LOCATED NORTH OF ARCHER AVENUE AND EAST OF CASTLEWOOD ESTATES (Bailey's Crossing) WHEREAS, the legal owners of record of the territory which is the subject of an Annexation Agreement are ready, willing and able to enter into said agreement and perform the obligations as required therein and; WHEREAS, a copy of said Annexation Agreement has been attached hereto and included herein; and WHEREAS, the statutory procedures provided for in the Illinois Municipal Code for the execution of said agreement have been fully complied with. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, STATE OF ILLINOIS, AS FOLLOWS: SECTION 1: That the President be and is hereby authorized and directed, and the Village Clerk is directed to attest to a document known as "BAILEY'S CROSSING ANNEXATION AGREEMENT" dated the c,25-- day of , 1994, (a copy of which is attached hereto and made a art hereof). SECTION 2: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS, on this .25-day of �t --Q___ , 1994. Barbara Buschman Alice Chin Keith Latz William Margalus Rick Rimbo Ralph Schobert Richard Kwasneski AYES NAYS PASSED ABSENT V/ V ,11,2 Approved by me this�� day o Attest: ,1994. HARLENE SMOLLEN, illage Clerk Mail to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 22 -27- 300 -025 Vi lagePresident x'1732979 ANNEXATION AGREEMENT ARTICLE TITLE I• Annexation II. Zoning and Preliminary Plan Approval III• Required Improvements IV. Easements and Rights -of -Way V. Changes to Plans VI. Fees, Building Ordinances, Permits and General Matters VII. Contributions and Annexation Fee VIII. Approval of Plans IX. Letters of Credit X. Notice of Violations XI. Maintenance Bond XII. Damage to Public Improvements XIII. Terms of this Agreement - Covenant Running with the Land XIV. Reimbursement of Costs EXHIBITS EXHIBIT TITLE A Legal Description B Plat of Annexation C Preliminary Plan D Building Elevations and Supplemental Design Standards E Landscape Plan f)il 7529 �s ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this 2s41 da y of 1994, between the VILLAGE OF LEMONT, a municipal co po ation of the Counties of Cook, DuPage, and Will, in the State of Illinois (hereinafter referred to as "VILLAGE") and y Construction Company, an Illinois Corporation (hereinafter referred to as "OWNER ") and Aras Liths, Incorporated, an Illinois Corporation (hereinafter referred to as "TITLE HOLDER"). WHEREAS, the TITLE HOLDER is the owner of record of the real estate (hereinafter referred to as the "TERRITORY "), the legal description of which is attached as Exhibit "A" and by this reference made a part hereof; and, WHEREAS, the OWNER, as purchaser of the TERRITORY, and TITLE HOLDER have submitted to the VILLAGE a Petition for Annexation; and WHEREAS, the OWNER intends to construct a residential planned development on the approximately 9.3 acre TERRITORY; and, WHEREAS, the parties desire that the TERRITORY, when made contiguous to a VILLAGE boundary, be annexed to the VILLAGE on the terms and conditions hereinafter set forth; and, WHEREAS, the OWNER and the VILLAGE agree that they will be bound by the terms of this Annexation Agreement; and, WHEREAS, the VILLAGE would extend its zoning, building, health, and other municipal regulations and ordinances over the TERRITORY, thereby protecting the VILLAGE from possible undesirable or inharmonious use and development of unincorporated areas surrounding the VILLAGE; and, WHEREAS, the new boundaries of the VILLAGE OF LEMONT, resulting from this Annexation shall extend to the far side of and highway and shall include all of every highway so annexed; 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 TERRITORY and various other matters; and, WHEREAS, pursuant to the provisions of the Statute, the corporate authorities of said VILLAGE has duly fixed a time for and held a hearing on the Annexation Agreement and has given notice of said hearing; and, WHEREAS, the corporate authorities of the VILLAGE have considered the annexation of the TERRITORY described in the 947,52 7,9 petition and has determined that the best interest of the VILLAGE will be met if the TERRITORY is annexed to the VILLAGE and developed in accordance with the provisions of the Agreement. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter contained, the parties agree as follows: I ANNEXATION 1. Subject to the provisions of Chapter 24, Article 7 of the Illinois Revised Statutes, the parties hereto respectively agree to do all things necessary or appropriate to cause the TERRITORY to be validly annexed to the VILLAGE as promptly as possible upon the execution of this Agreement when the TERRITORY becomes contiguous to the VILLAGE limits. 2. The Plat of Annexation of said TERRITORY is attached hereto as Exhibit "B ". Said Plat extends to the far side of any adjacent highway and includes all of every highway within the TERRITORY so annexed. II ZONING AND PRELIMINARY PLAN APPROVAL 1. Upon annexation of the TERRITORY to the VILLAGE, the VILLAGE shall adopt an ordinance which classifies the TERRITORY in the R -5 Single - family Attached Residence Zoning District. Said zoning classification shall require the following minimum standards for dwelling structures: A. Minimum front yard setback: Twenty -five (25) feet. B. Minimum side yard setback: Fifteen (15) feet; Twenty -five 25 feet on a corner lot. The minimum spacing between dwelling structures shall be thirty (30) feet. C. Minimum rear yard setback: Thirty (30) feet. D. Maximum number of dwelling units per building: four (4). E. Maximum building height: thirty -five (35) feet. 2. Upon annexation of the TERRITORY to the VILLAGE, the VILLAGE shall adopt an ordinance approving a Residential Planned Development (or "Planned Unit Development "), which shall permit no greater than thirty -eight (38) attached single - family dwelling units, in accordance with the Preliminary Plans prepared by Branecki- Virgilio & Associates, dated November 3, 1993 and last revised February 15, 1994, attached as Exhibit "C ". 3. The OWNER and the VILLAGE agree that no portion of the TERRITORY shall be developed unless an acceptable final plat of 3 !')4752879 subdivision, final engineering plans and specifications and a final landscape plan, have been submitted to and approved by the the VILLAGE, in accordance with the Zoning Ordinance and Subdivision Regulations of the VILLAGE and this Agreement. 4. A Homeowner's Association shall be forced and the Declaration and By -Laws of such association shall be recorded upon approval by the Village Attorney. Said Declaration and By -Laws shall assign the obligation to maintain the storm water detention basins and other private common areas to the Association. The Association shall be required to pay the costs for such maintenance. 5. The OWNER and the VILLAGE agree that no building permit for any dwelling shall be issued unless the dwelling design is in substantial conformance with the Building Elevations and Supplemental Design Standards set forth on Exhibit D attached hereto. III REQUIRED IMPROVEMENTS 1. The OWNER shall construct, at the OWNER'S sole cost and expense, all of the public improvements and private common area improvements required by the Lemont Subdivision Regulations, this AGREEMENT, the Preliminary Plans (Exhibit C), the Final Landscape Plan, and Engineering Plans and Specifications approved by the Village Engineer, including but not limited to streets, sidewalks, water mains, sanitary sewers, storm sewers, detention basins, landscaping, and street lights. 2. The OWNER shall construct such roadway improvements on Archer Avenue (Illinois Route 171) as may be required by the State of Illinois in connection with the proposed roadway access. 3. The OWNER shall extend the existing water mains from such off -site locations as indicated by Exhibit "C" to provide a public water supply to the TERRITORY. OWNER shall install a water main, of such size as approved by the Village Engineer, along the full Archer Avenue frontage of the TERRITORY to facilitate future extensions of public water main. 4. The OWNER shall extend the existing sanitary sewers from such off -site locations as indicated by Exhibit "C" to provide sanitary sewer service to the TERRITORY. 5. The OWNER agrees to adhere to the storm water management policies and regulations of the VILLAGE and the Metropolitan Water Reclamation District of Greater Chicago. The OWNER agrees that the detention areas shall be privately owned and maintained by a 4 :)41,?s2979 Homeowner's Association. The VILLAGE agrees to accept necessary storm drains. 6. The OWNER shall install landscaping in accordance with a Final Landscape Plan, prepared by a landscape architect registered in the State of Illinois, prior to occupancy of any dwelling unit in the TERRITORY. Said Final Landscape Plan shall be in substantial conformance with the preliminary landscape plan prepared by Fawn Landscaping, Inc., identified as Drawing No. 039014B, which is attached as Exhibit E. A temporary occupancy permit, effective until the next 1st of June, may be requested during the period between November 1 and April 15, inclusive, provided that adequate financial security to guarantee completion of the landscaping is posted at the VILLAGE by the OWNER or contractor. IV EASEMENTS AND RIGHTS -OF -WAY 1. The OWNER agrees to grant to the VILLAGE and other governmental units easements for utilities, drainage, access and other public purposes as necessary upon approval of a final plat of subdivision for the TERRITORY. 2. The OWNER agrees to dedicate to the public such right -of- way along the Archer Avenue (Illinois Route 171) frontage of the TERRITORY as may be required by the State of Illinois. V CHANGES TO PLANS The final plat of subdivision shall retain the design characteristics of the Preliminary Plans (Exhibit "C ") herein approved. OWNER agrees to submit revised plans to the VILLAGE for any proposed changes to the Preliminary Plans. Any request to increase the number of dwelling units, change the pattern of land use, change the general location of streets or street intersections, change the fundamental architectural character of the development, or to obtain a variance from the Zoning Ordinance or Subdivision Regulations shall be considered "major" changes; other changes shall be considered "minor ". "Major" changes shall require published notice and a public hearing before the Lemont Plan Commission to consider amendment of a Special Use Permit for a Residential Planned Development. After said public hearing the Plan Commission shall forward its recommendation to the VILLAGE Board of Trustees, which shall approve or deny the requested amendment. If the changes are "minor," the VILLAGE may approve the final plat of subdivision without a public hearing and recommendation by the Plan Commission. 5 `)11 .52979 VI FEES, BUILDING ORDINANCES, PERMITS AND GENERAL MATTERS 1. The OWNER agrees to comply in all respects with all then applicable provisions of the VILLAGE Building Codes in connection with the construction of buildings or structures in the TERRITORY. The OWNER further agrees to pay all fees, reimburse the VILLAGE for planning, engineering, and legal fees incurred as a result of the OWNER'S proposal and obtain all permits required by present and future VILLAGE ordinances. 2. The OWNER shall be allowed to erect one temporary sign advertising the development, containing only the name of the development, the address and phone number of the owner or agent, the number, size, type and price of lots and /or dwelling units, to measure no greater than 100 square feet in the area of the sign face, and no greater than fifteen (15) feet in height, on the TERRITORY. The OWNER shall remove the sign upon the issuance of a certificate of occupancy for the last dwelling in the development. 3. The OWNER shall be allowed to secure one building permit for one model townhouse dwelling, containing up to four dwelling units, after final subdivision plat approval but before the construction of streets and curb - and - gutter. A temporary entrance and roadway shall provide access for construction vehicles from Archer Avenue. The occupancy permit for the model and additional building permits shall be issued to the OWNER after the completion of the binder course of pavement and curb - and - gutter on all streets but before completion of the final course of pavement. 4. Construction vehicles shall only be permitted to enter and exit the TERRITORY at Archer Avenue (Illinois Route 171) during development. VII CONTRIBUTIONS AND ANNEXATION FEE 1. The OWNER shall make cash contributions for school, park, library and other public purposes, at the time a final plat of subdivision is filed with the VILLAGE, in accordance with the ordinances of the VILLAGE. If a complete application for approval of a final plat of subdivision is filed within one year of the effective date of this AGREEMENT, the required contributions shall be made as follows: Elementary School District $ 4,528.00 High School District 1,140.00 Park Purposes 17,456.00 Library District 6,348.00 TOTAL $ 29,472.00 6 •7 it w 9 2. If a final plat of subdivision is submitted to the VILLAGE more than one year after the effective date of this AGREEMENT, contributions shall be paid in accordance with the ordinances of the VILLAGE in effect at the time of such final plat submittal. All contributions cited in this section shall be due and payable upon approval of the final plat of subdivision by the VILLAGE. 3. The OWNER shall pay an annexation fee of $9,500 upon approval of the final plat of subdivision by the VILLAGE. 4. The OWNER shall contribute to the VILLAGE the cost of expanding the VILLAGE well and storage capacity to allow the VILLAGE to supply water to the TERRITORY. The contribution to the VILLAGE shall be added to the usual and customary connection fee and shall be paid at the time of connection. The parties agree that seven - hundred fifty (750) dollars shall be paid for each attached single - family dwelling unit. VIII APPROVAL OF PLANS The VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and engineering submitted to the VILLAGE by the OWNER. If the VILLAGE determines that any such submission is not in substantial accordance with this Agreement and applicable ordinances, the VILLAGE shall promptly notify the OWNERS in writing of the specific objection to any such submission so that the OWNER can make any required corrections or revisions. IX LETTERS OF CREDIT 1. Upon approval of a final plat of subdivision for the TERRITORY, the OWNER agrees to furnish adequate financial security in the form of an irrevocable letter of credit to guarantee the completion of required public improvements and private common area improvements, including but not limited to streets, sidewalks, street lights, water mains, sanitary sewers, storm sewers, detention basins, and landscaping. Said letter of credit shall be in an amount equal to 125 percent of the estimated cost of required public and private common area improvements as determined by the Village Engineer, and shall be issued by a reputable, federally insured banking or financial institution authorized to do business in the State of Illlinois. The letters of credit shall be subject to the review of the VILLAGE Board of Trustees. 2. Upon completion of the construction of the improvements, or any part thereof, the OWNER shall request the Village Engineer to inspect the same. Within twenty -one (21) days after such request, the Village Engineer and /or Public Works Director shall, 7 in writing, advise the OWNER of the condition of the itprovements, what corrections, if any, are necessary, and whether the improvements shall be acceptable to the VILLAGE. Upon completion of the improvements or any part thereof, in accordance with the plans and specifications thereof, the VILLAGE shall approve the same upon deposit of a maintenance bond for one (1) year period as required by the Subdivision Regulations of the VILLAGE. Upon approval of the completed improvements, the OWNER may reduce the letter of credit by an amount equal to the value of the improvements so approved. 3. The dedication of the public improvements, which shall include streets, sidewalks, street lights, parkway trees, water main, sanitary sewers, and storm sewers, shall be deemed accepted upon formal action of acceptance by the corporate authorities of the VILLAGE, and the delivery by the OWNER of a properly executed Bill of Sale for all improvements contained within the dedication. X NOTICE OF VIOLATIONS The VILLAGE will issue no stop work orders directing work stoppage on the building or parts of the project without giving notice of the section of the Code allegedly violated by the OWNER /DEVELOPER, so the OWNER /DEVELOPER may forthwith proceed to correct such violations as may exist. Moreover, the VILLAGE shall have an opportunity to correct possible violations. This paragraph shall not restrain the Building Official from issuing a stop work order in any case where he considers a continuation of the work to constitute a threat to the health or safety of the public or personnel employed on or near the site. The VILLAGE shall provide OWNERS notice as required by statute of any matter, such as public hearings, proposed building code changes and policy changes or other matters which may affect the TERRITORY or development of it under this agreement. XI MAINTENANCE BOND At the time or times of acceptance by the VILLAGE of the installation of any part, component or all of any public improvements in accordance with this section, or any other section of the Agreement, OWNER shall deposit with the VILLAGE a maintenance bond in the amount of five percent of the cost of the installation of the public improvements accepted by the VILLAGE. This bond shall be deposited with the VILLAGE and shall be held by. the VILLAGE for a period of twelve months after completion and acceptance of all improvements. In the event of a defect in material and /or workmanship within said period, then said bond 8 shall not be returned until correction of said defect and acceptance by the VILLAGE of said corrections. XII DAMAGE TO PUBLIC IMPROVEMENTS The OWNER shall replace and repair any damage to public improvements installed within, under or upon the subject realty resulting from construction activities by the OWNERS, their successors or assigns and their employees, agents, contractors or subcontractors during the term of this agreement. The OWNERS shall have no obligation hereunder with respect to damage resulting from ordinary usage, wear, and tear. XIII TERMS OF THIS AGREEMENT - COVENANT RUNNING WITH THE LAND This AGREEMENT constitutes a covenant running with the land and binding upon all grantees, successors and assigns for a period of twenty (20) years. The parties agree that the TERRITORY shall be developed only in accordance with the plan as shown on the preliminary plat of subdivision, as approved or as subsequently amended and approved by the VILLAGE. XIV REIMBURSEMENT OF COSTS The developer agrees to reimburse the VILLAGE for reasonable attorney's fees, planning consultants and engineering costs incurred by the VILLAGE in connection with the annexation of the TERRITORY, or in the enforcement of any of the terms of the annexation agreement upon a default by the OWNER. Such payment shall be made promptly upon receipt of a request from the VILLAGE of such reimbursement, with copies of the bills attached. 9 IN WITNESS THEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: / /O UL�Ar VILLAGE CLERK Prepared by: Planning Department Village of Lemont 418 Main Street Lemont, Illinois 60439 Return to: Village Clerk Village of Lemont 418 Main Street Lemont, Illinois 60439 PIN 22 -27- 300 -025 10 VILLAGE OF LEMONT AND THE COR °0 "•TE AUTHORITY THEREOF McBOY CONSTRUCTION COMPANY p.,s;d,n,-- Title ARAS LITHS, INCORPORATED By: Q -.fieeL L 7 C5�.e9ol�� Title er STATE OF ILLINOIS SS COUNTY OF COOK I, the undersigned, a Notary Public in and for said County and State DO HEREBY CERTIFY that Richard A. Kwasneski , and Charlene M. Smollen personally known to me to be the Village President and Village Clerk of the VILLAGE OF LEMONT, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Village President and Village Clerk, they signed and delivered the said instrument as Village President and Village Clerk of said VILLAGE OF LEMONT, and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority granted by the corporate authorities of the VILLAGE OF LEMONT as their free and voluntary act, and as the free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal, this 25th day of April , 1994. My Commission Expires: Not • 4 " OFFICIAL SEA ROSEMAY YATES NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 8/12/96 11 . Lj ?� STATE OF ILLINOIS SS. COUNTY OF COOK I, the undersigned, a Notary Public in and for said County and State DO HEREBY CERTIFY that SNN nxboklm6L,., , personally known to me to be the cnUr PRESf iT of McBoy Construction Company, whose name is'subscribed to the foregoing Agreement, appeared before me this day in person and acknowledged that he /she, being thereunto duly authorized, signed and delivered said Agreement as his /her own free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and official seal this 15171 day of 3UNE , 1994. "OFFICIAL SEAL" CATHERINE M. BOYCE Notary Public, State of Illinois My Commission Expires Dec. 9, 1994 w � .,.•. 12 cL-h 1 Notary blic My Commission Expires: tea, «ct4 94752 ,979 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK I, the undersigned, a Notary Public in and for said County and State DO HEREBY CERTIFY that 0.1-.161E.L614t K , personally known to me to be the PtZ.E.611)EKTT of Aras Liths, Incorporated, whose name is subscribed to the foregoing Agreement, appeared before me this day in person and acknowledged that he /she, being thereunto duly authorized, signed and delivered said Agreement as his /her own free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and official seal this ISTH day of juN-C , 1994. "OFFICIAL SEAL" CATHERINE M. BOYCE Notary Public, State of Illinois My Commission Expires Dec. 9, 1994 13 afithit-hi a Notary Pu' is My Commission Expires: be 9, Ig14 J`175.297,9 EXHIBIT A LEGAL DESCRIPTION THAT PART OF LOT 22 IN COUNTY CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, WHICH LIES SOUTHERLY OF A LINE DRAWN FROM A POINT IN THE WEST LINE OF SAID LOT 987.5 FEET SOUTH OF THE NORTH WEST CORNER OF SAID LOT TO A POINT ON THE EASTERLY LINE OF SAID LOT WHICH IS 917 FEET SOUTHERLY (SOUTHERLY ALONG SAID EASTERLY LINE) FROM THE NORTH EAST CORNER OF SAID SUBDIVISION (EXCEPT THEREFROM THE WEST 409.21 FEET MEASURED PERPENDICULAR TO THE WEST LINE OF SAID LOT) IN COOK COUNTY, ILLINOIS 14 EXHIBIT B PLAT OF ANNEXATION 15 ,4 7 o / TO THE V I LLAGE OF LEMONT That part of Lot 22 in County Clerk's Division of Section 27, Township 37 North, Range 11, East of the Third Principal Meridian, which lies Southerly of a line drawn from a point in the West line of said Lot 997.5 feet South of the Northwest corner of said Lot to a point on the Easterly line of said Lot which is 917 feet Southerly (Southerly along said Easterly line) from the Northeast corner of said Subdivision (except therefrom the West 409.21 feet measured perpendicular to the West line of said Lot) in Cook County, - Illinois. ALSO All that part 01 Archer Avenue lying Southeasterly of and adjoining the above described property, in Cook County, Illinois. .. t • • le la !, N O T I N C L U D E D /. I N C l 0 0 E 0 ■ GESSLEA'S SUET' N. aaaaaaaa 1144 , EXHIBIT C • PRELIMINARY PLAT 16 06. ° . ---. , .13 t: 4. • • - - • ' ' • „ -• - ,-1 re" I ••••- / ,//,/os' 11;1 :I 2 ti 11 I 1;111‘!1•" fiii •g. S /ON/77/ 1 NDW37 NV 'lJ 401015 • / /'M i J// II q •YIV 9N /SSO8 3 624G2 4.t'F> G EXHIBIT D BAILEY'S CROSSING SUPPLEMENTAL DESIGN STANDARDS 1. All construction within the TERRITORY shall meet the design standards contained herein and shall conform substantially to the preliminary building elevations prepared by Anderson Associates Architects, Inc., identified as Plan 2021. The VILLAGE shall not issue a building permit for any building or dwelling in the TERRITORY not in compliance with these standards. 2. All buildings and dwelling units shall display multiple roof ridge lines to promote a visually interesting elevation. 3. All dwellings shall have brick exteriors on at least all four sides of the first floor. 4. Each dwelling unit shall be provided an attached two -car garage. 5. Besides masonry, siding materials above the first floor elevation shall be cedar or comparable wood. 6. Landscaping shall be installed and maintained to provide for the privacy of residents of adjacent properties and to generally beautify the surroundings. 17 • EXHIBIT E LANDSCAPE PLAN 18 VILLAGE OF LEMONT ORDINANCE NO. VILLAGE OF LEMONT 418 Main Street Lemont, IL 60439 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 9.3 ACRE PARCEL GENERALLY LOCATED NORTH OF ARCHER AVENUE AND EAST OF CASTLEWOOD ESTATES (Bailey's Crossing) . DEPT -09 i1ISC. $67.t • T47777 TRAN 6996 08/25/94 10 :02 :00 • 4'9608 * DV - -9'4— 5297' . (:00l( COUNTY RECORDER ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This SI5Uday of Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will and DuPage Counties Illinois, Illinois, this .25 day of ���� , 1994. PIN 22 -27- 300 -025 , 1994. ORD INANCE NO. S235- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 9.3 ACRE PARCEL GENERALLY LOCATED NORTH OF ARCHER AVENUE AND EAST OF CASTLEWOOD ESTATES (Bailey's Crossing) WHEREAS, the legal owners of record of the territory which is the subject of an Annexation Agreement are ready, willing and able to enter into said agreement and perform the obligations as required therein and; WHEREAS, a copy of said Annexation Agreement has been attached hereto and included herein; and WHEREAS, the statutory procedures provided for in the Illinois Municipal Code for the execution of said agreement have been fully complied with. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, STATE OF ILLINOIS, AS FOLLOWS; SECTION 1: That the President be and is hereby authorized and directed, and the Village Clerk is directed to attest to a document known as "BAILEY'S CROSSING ANNEXATION AGREEMENT" dated the .2 day of �' S , 1994, (a copy of which is attached hereto and made a p rt hereof) . SECTION 2: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS, on this -2S— day of • 1994. 64.6ZSLVt; Barbara Buschman Alice Chin Keith Latz William Margalus Rick Rimbo Ralph Schobert Richard Kwasneski Approved by me this Attest: d AYES NAYS PASSED ABSENT CHARLENE SMOLLE , Village Clerk af-7-4-er ,1994. HARD .FN-11011.' CHARLENE SMOLLEN, Village Clerk Mail to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 22 -27- 300 -025 Village President 6L6 Ltf; ANNEXATION AGREEMENT ARTICLE TITLE I' Annexation II. Zoning and Preliminary Plan Approval III. Required Improvements IV. Easements and Rights -of -Way V. Changes to Plans VI. Fees, Building Ordinances, Permits and General Matters VII. Contributions and Annexation Fee VIII. Approval of Plans IX. Letters of Credit X. Notice of Violations XI. Maintenance Bond XII. Damage to Public Improvements XIII. Terms of this Agreement - Covenant Running with the Land XIV. Reimbursement of Costs EXHIBITS EXHIBIT TITLE A Legal Description B Plat of Annexation C Preliminary Plan D Building Elevations and Supplemental Design Standards E Landscape Plan 64.6ZSZ.Vt; ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this 24t day of -A , 1994, between the VILLAGE OF LEMONT, a municipal co poration of the Counties of Cook, DuPage, and Will, in the State of Illinois (hereinafter referred to as "VILLAGE ") and McBoy Construction Company, an Illinois Corporation (hereinafter referred to as "OWNER ") and Aras Liths, Incorporated, an Illinois Corporation (hereinafter referred to as "TITLE HOLDER "). WHEREAS, the TITLE HOLDER is the owner of record of the real estate (hereinafter referred to as the "TERRITORY "), the legal description of which is attached as Exhibit "A" and by this reference made a part hereof; and, WHEREAS, the OWNER, as purchaser of the TERRITORY, and TITLE HOLDER have submitted to the VILLAGE a Petition for Annexation; and WHEREAS, the OWNER intends to construct a residential planned development on the approximately 9.3 acre TERRITORY; and, WHEREAS, the parties desire that the TERRITORY, when made contiguous to a VILLAGE boundary, be annexed to the VILLAGE on the terms and conditions hereinafter set forth; and, WHEREAS, the OWNER and the VILLAGE agree that they will be bound by the terms of this Annexation Agreement; and, WHEREAS, the VILLAGE would extend its zoning, building, health, and other municipal regulations and ordinances over the TERRITORY, thereby protecting the VILLAGE from possible undesirable or inharmonious use and development of unincorporated areas surrounding the VILLAGE; and, WHEREAS, the new boundaries of the VILLAGE OF LEMONT, resulting from this Annexation shall extend to the far side of every highway and shall include all of every highway so annexed; and . A WHEREAS, the parties desire, pursuant to Chapter 24, Article 11, Division 15.1 of the Illinois Revised Statutes, to enter into co an Agreement with respect to Annexation of the TERRITORY and various other matters; and, Ci WHEREAS, pursuant to the provisions of the Statute, the corporate authorities of said VILLAGE has duly fixed a time for and held a hearing on the Annexation Agreement and has given notice of said hearing; and, WHEREAS, the corporate authorities of the VILLAGE have considered the annexation of the TERRITORY described in the 9 petition and has determined that the best interest of the VILLAGE will be met if the TERRITORY is annexed to the VILLAGE and developed in accordance with the provisions of the Agreement. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter contained, the parties agree as follows: I ANNEXATION 1. Subject to the provisions of Chapter 24, Article 7 of the Illinois Revised Statutes, the parties hereto respectively agree to do all things necessary or appropriate to cause the TERRITORY to be validly annexed to the VILLAGE as promptly as possible upon the execution of this Agreement when the TERRITORY becomes contiguous to the VILLAGE limits. 2. The Plat of Annexation of said TERRITORY is attached hereto as Exhibit "3 ". Said Plat extends to the far side of any adjacent highway and includes all of every highway within the TERRITORY so annexed. II ZONING AND PRELIMINARY PLAN APPROVAL 1. Upon annexation of the TERRITORY to the VILLAGE, the VILLAGE shall adopt an ordinance which classifies the TERRITORY in the R -5 Single- family Attached Residence Zoning District. Said zoning classification shall require the following minimum standards for dwelling structures: A. Minimum front yard setback: Twenty -five (25) feet. B. Minimum side yard setback: Fifteen (15) feet; Twenty -five 25 feet on a corner lot. The minimum spacing between dwelling structures shall be thirty (30) feet. C. Minimum rear yard setback: Thirty (30) feet. D. Maximum number of dwelling units per building: four (4). E. Maximum building height: thirty -five (35) feet. 2. Upon annexation of the TERRITORY to the VILLAGE, the VILLAGE shall adopt an ordinance approving a Residential Planned Development (or "Planned Unit Development "), which shall permit no . greater than thirty -eight (38) attached single- family dwelling units, in accordance with the Preliminary Plans prepared by Branecki - Virgilio & Associates, dated November 3, 1993 and last revised February 15, 1994, attached as Exhibit "C ". 3. The OWNER and the VILLAGE agree that no portion of the TERRITORY shall be developed unless an acceptable final plat of 3 ZZ N CZ subdivision, final engineering plans and specifications and a final landscape plan, have been submitted to and approved by the the VILLAGE, in accordance with the Zoning Ordinance and Subdivision Regulations of the VILLAGE and this Agreement. 4. A Homeowner's Association shall be formed and the Declaration and By -Laws of such association shall be recorded upon approval by the Village Attorney. Said Declaration and By -Laws shall assign the obligation to maintain the storm water detention basins and other private common areas to the Association. The Association shall be required to pay the costs for such maintenance. 5. The OWNER and the VILLAGE agree that no building permit for any dwelling shall be issued unless the dwelling design is in substantial conformance with the Building Elevations and Supplemental Design Standards set forth on Exhibit D attached hereto. III REQUIRED IMPROVEMENTS 1. The OWNER shall construct, at the OWNER'S sole cost and expense, all of the public improvements and private common area improvements required by the Lemont Subdivision Regulations, this AGREEMENT, the Preliminary Plans (Exhibit C), the Final Landscape Plan, and Engineering Plans and Specifications approved by the Village Engineer, including but not limited to streets, sidewalks, water mains, sanitary sewers, storm sewers, detention basins, landscaping, and street lights. 2. The OWNER shall construct such roadway improvements on Archer Avenue (Illinois Route 171) as may be required by the State of Illinois in connection with the proposed roadway access. 3. The OWNER shall extend the existing water mains from such off -site locations as indicated by Exhibit "C" to provide a public water supply to the TERRITORY. OWNER shall install a water main, of such size as approved by the Village Engineer, along the full Archer Avenue frontage of the TERRITORY to facilitate future extensions of public water main. 4. The OWNER shall extend the existing sanitary sewers from such off -site locations as indicated by Exhibit "C" to provide sanitary sewer service to the TERRITORY. 5. The OWNER agrees to adhere to the storm water management policies and regulations of the VILLAGE and the Metropolitan Water Reclamation District of Greater Chicago. The OWNER agrees that the detention areas shall be privately owned and maintained by a 4 Homeowner's Association. The VILLAGE agrees to accept necessary storm drains. 6. The OWNER shall install landscaping in accordance with a Final Landscape Plan, prepared by a landscape architect registered in the State of Illinois, prior to occupancy of any dwelling unit in the TERRITORY. Said Final Landscape Plan shall be in substantial conformance with the preliminary landscape plan prepared by Fawn Landscaping, Inc., identified as Drawing No. 039014B, which is attached as Exhibit E. A temporary occupancy permit, effective until the next 1st of June, may be requested during the period between November 1 and April 15, inclusive, provided that adequate financial security to guarantee completion of the landscaping is posted at the VILLAGE by the OWNER or contractor. IV EASEMENTS AND RIGHTS -OF -WAY 1. The OWNER agrees to grant to the VILLAGE and other governmental units easements for utilities, drainage, access and other public purposes as necessary upon approval of a final plat of subdivision for the TERRITORY. 2. The OWNER agrees to dedicate to the public such right -of- way along the Archer Avenue (Illinois Route 171) frontage of the TERRITORY as may be required by the State of Illinois. V CHANGES TO PLANS The final plat of subdivision shall retain the design characteristics of the Preliminary Plans (Exhibit "C ") herein approved. OWNER agrees to submit revised plans to the VILLAGE for any proposed changes to the Preliminary Plans. Any request to increase the number of dwelling units, change the pattern of land use, change the general location of streets or street intersections, change the fundamental architectural character of the development, or to obtain a variance from the Zoning Ordinance or Subdivision Regulations shall be considered "major" changes; other changes shall be considered "minor ". "Major" changes shall require published notice and a public hearing before the Lemont Plan Commission to consider amendment of a Special Use Permit for a Residential Planned Development. After said public hearing the Plan Commission shall forward its recommendation to the VILLAGE Board of Trustees, which shall approve or deny the requested amendment. If the changes are "minor," the VILLAGE may approve the final plat of subdivision without a public hearing and recommendation by the Plan Commission. 5 • CZ VI FEES, BUILDING ORDINANCES, PERMITS AND GENERAL MATTERS 1. The OWNER agrees to comply in all respects with all then applicable provisions of the VILLAGE Building Codes in connection with the construction of buildings or structures in the TERRITORY. The OWNER further agrees to pay all fees, reimburse the VILLAGE for planning, engineering, and legal fees incurred as a result of the OWNER'S proposal and obtain all permits required by present and future VILLAGE ordinances. 2. The OWNER shall be allowed to erect one temporary sign advertising the development, containing only the name of the development, the address and phone number of the owner or agent, the number, size, type and price of lots and /or dwelling units, to measure no greater than 100 square feet in the area of the sign face, and no greater than fifteen (15) feet in height, on the TERRITORY. The OWNER shall remove the sign upon the issuance of a certificate of occupancy for the last dwelling in the development. 3. The OWNER shall be allowed to secure one building permit for one model townhouse dwelling, containing up to four dwelling units, after final subdivision plat approval but before the construction of streets and curb - and - gutter. A temporary entrance and roadway shall provide access for construction vehicles from Archer Avenue. The occupancy permit for the model and additional building permits shall be issued to the OWNER after the completion of the binder course of pavement and curb - and - gutter on all streets but before completion of the final course of pavement. 4. Construction vehicles shall only be permitted to enter and exit the TERRITORY at Archer Avenue (Illinois Route 171) during development. VII CONTRIBUTIONS AND ANNEXATION FEE 1. The OWNER shall make cash contributions for school, park, library and other public purposes, at the time a final plat of subdivision is filed with the VILLAGE, in accordance with the ordinances of the VILLAGE. If a complete application for approval of a final plat of subdivision is filed within one year of the effective date of this AGREEMENT, the required contributions shall be made as follows: Elementary School District $ 4,528.00 High School District 1,140.00 Park Purposes 17 456.00 Library District 6,348.00 TOTAL $ 29,472.00 6 2. If a final plat of subdivision is submitted to the VILLAGE more than one year after the effective date of this AGREEMENT, contributions shall be paid in accordance with the ordinances of the VILLAGE in effect at the time of such final plat submittal. All contributions cited in this section shall be due and payable upon approval of the final plat of subdivision by the VILLAGE. 3. The OWNER shall pay an annexation fee of $9,500 upon approval of the final plat of subdivision by the VILLAGE. 4. The OWNER shall contribute to the VILLAGE the cost of expanding the VILLAGE well and storage capacity to allow the VILLAGE to supply water to the TERRITORY. The contribution to the VILLAGE shall be added to the usual and customary connection fee and shall be paid at the time of connection. The parties agree that seven - hundred fifty (750) dollars shall be paid for each attached single - family dwelling unit. VIII APPROVAL OF PLANS The VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and engineering submitted to the VILLAGE by the OWNER. If the VILLAGE determines that any such submission is not in substantial accordance with this Agreement and applicable ordinances, the VILLAGE shall promptly notify the OWNERS in writing of the specific objection to any such submission so that the OWNER can make any required corrections or revisions. IX LETTERS OF CREDIT 1. Upon approval of a final plat of subdivision for the TERRITORY, the OWNER agrees to furnish adequate financial security in the form of an irrevocable letter of credit to guarantee the completion of required public improvements and private common area improvements, including but not limited to streets, sidewalks, street lights, water mains, sanitary sewers, storm sewers, detention basins, and landscaping. Said letter of credit shall be in an amount equal to 125 percent of the estimated cost of required public and private common area improvements as determined by the Village Engineer, and shall be issued by a reputable, federally insured banking or financial institution authorized to do business in the State of Illlinois. The letters of credit shall be subject to the review of the VILLAGE Board of Trustees. 2. Upon completion of the construction of the improvements, or any part thereof, the OWNER shall request the Village Engineer to inspect the same. Within twenty -one (21) days after such request, the Village Engineer and /or Public Works Director shall, 7 in writing, advise the OWNER of the condition of the improvements, what corrections, if any, are necessary, and whether the improvements shall be acceptable to the VILLAGE. Upon completion of the improvements or any part thereof, in accordance with the plans and specifications thereof, the VILLAGE shall approve the same upon deposit of a maintenance bond for one (1) year period as required by the Subdivision Regulations of the VILLAGE. Upon approval of the completed improvements, the OWNER may reduce the letter of credit by an amount equal to the value of the improvements so approved. 3. The dedication of the public improvements, which shall include streets, sidewalks, street lights, parkway trees, water main, sanitary sewers, and storm sewers, shall be deemed accepted upon formal action of acceptance by the corporate authorities of the VILLAGE, and the delivery by the OWNER of a properly executed Bill of Sale for all improvements contained within the dedication. X NOTICE OF VIOLATIONS The VILLAGE will issue no stop work orders directing work stoppage on the building or parts of the project without giving notice of the section of the Code allegedly violated by the OWNER /DEVELOPER, so the OWNER /DEVELOPER may forthwith proceed to correct such violations as may exist. Moreover, the VILLAGE shall have an opportunity to correct possible violations. This paragraph shall not restrain the Building Official from issuing a stop work order in any case where he considers a continuation of the work to constitute a threat to the health or safety of the public or personnel employed on or near the site. The VILLAGE shall provide OWNERS notice as required by statute of any matter, such as public hearings, proposed building code changes and policy changes or other matters which may affect the TERRITORY or development of it under this agreement. XI MAINTENANCE BOND At the time or times of acceptance by the VILLAGE of the installation of any part, component or all of any public improvements in accordance with this section, or any other section of the Agreement, OWNER shall deposit with the VILLAGE a maintenance bond in the amount of five percent of the cost of the installation of the public improvements accepted by the VILLAGE. This bond shall be deposited with the VILLAGE and shall be held by the VILLAGE for a period of twelve months after completion and acceptance of all improvements. In the event of a defect in material and /or workmanship within said period, then said bond 8 shall not be returned until correction of said defect and acceptance by the VILLAGE of said corrections. XII DAMAGE TO PUBLIC IMPROVEMENTS The OWNER shall replace and repair any damage to public improvements installed within, under or upon the subject realty resulting from construction activities by the OWNERS, their successors or assigns and their employees, agents, contractors or subcontractors during the term of this agreement. The OWNERS shall have no obligation hereunder with respect to damage resulting from ordinary usage, wear, and tear. XIII TERMS OF THIS AGREEMENT - COVENANT RUNNING WITH TE LAND This AGREEMENT constitutes a covenant running with the land and binding upon all grantees, successors and assigns for a period of twenty (20) years. The parties agree that the TERRITORY shall be developed only in accordance with the plan as shown on the preliminary plat of subdivision, as approved or as subsequently amended and approved by the VILLAGE. XIV REIMBURSEMENT OF COSTS The developer agrees to reimburse the VILLAGE for reasonable attorney's fees, planning consultants and engineering costs incurred by the VILLAGE in connection with the annexation of the TERRITORY, or in the enforcement of any of the terms of the annexation agreement upon a default by the OWNER. Such payment shall be made promptly upon receipt of a request from the VILLAGE of such reimbursement, with copies of the bills attached. 9 IN WITNESS THEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: ILLAGE CL/E;KK Prepared by: Title Title Planning Department Village of Lemont 418 Main Street Lemont, Illinois 60439 Return to: Village Clerk Village of Lemont 418 Main Street Lemont, Illinois 60439 PIN 22 -27- 300 -025 10 VILLAGE OF LEMONT AND THE CO"s ! ATE AUTHORITY THEREOF SIDENT McBOY CONSTRUCTION COMPANY By: Tit e S ail r n i ARAS LITHS, INCORPORATED Bv: cJ Title Fri cttuct--- STATE OF ILLINOIS COUNTY OF COOK ) SS. I, the undersigned, a Notary Public in and for said County and State DO HEREBY CERTIFY that Richard A. Kwasneski , and Charlene M. Smollen personally known to me to be the Village President and Village Clerk of the VILLAGE OF LEMONT, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Village President and Village Clerk, they signed and delivered the said instrument as Village President and Village Clerk of said VILLAGE OF LEMONT, and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority granted by the corporate authorities of the VILLAGE OF LEMONT as their free and voluntary act, and as the free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal, this 25th April , 1994. My Commission Expires: day of Public " OFFICI ROSEMA'='E$ NCIARY PUBLIC, STATE OF ILLINO13 cc _ (MISSION EXPIRES 8/12/96 11 OA 4 Cit STATE OF ILLINOIS SS. COUNTY OF COOK I, the undersigned, a Notary Public in and for said County and State DO HEREBY CERTIFY that 1P1J J. flc oSNELL ,personally known to me to be the FttelbEl.ti of McBoy Construction Company, whose name is subscribed to the foregoing Agreement, appeared before me this day in person and acknowledged that he /she, being thereunto duly authorized, signed and delivered said Agreement as his /her own free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and official seal this [5:TH day of SAX , 1994. "OFFICIAL SEAL" CATHERINE M. BOYCE Notary Public, State of Illinois My Commission Expires Dec. 9, 1994 12 awe, Uh Notary Pub c My Commission Expires: lam. a, 16144 STATE OF ILLINOIS ) SS. COUNTY OF COOK I, the undersigned, a Notary Public in and for said County and State DO HEREBY CERTIFY that G;`j Bi KU5 known to me to be the F2Esibeli - personally of Aras Liths, Incorporated, whose name is subscribed to the foregoing Agreement, appeared before me this day in person and acknowledged that he /she, being thereunto duly authorized, signed and delivered said Agreement as his /her own free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and official seal this tSTH day of 1-0IJe. , 1994. , ,',:,?AL SEAL" i,A.iii:,iE M. BOYCE ! to P Thlic, State of Illinois n trt °ic E. ^ices Dec. 9, 1994 13 My Commission Expires: te,GC1 lqq4 EXHIBIT A LEGAL DESCRIPTION THAT PART OF LOT 22 IN COUNTY CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, WHICH LIES SOUTHERLY OF A LINE DRAWN FROM A POINT IN THE WEST LINE OF SAID LOT 987.5 FEET SOUTH OF THE NORTH WEST CORNER OF SAID LOT TO A POINT ON THE EASTERLY LINE OF SAID LOT WHICH IS 917 FEET SOUTHERLY (SOUTHERLY ALONG SAID EASTERLY LINE) FROM THE NORTH EAST CORNER OF SAID SUBDIVISION (EXCEPT THEREFROM THE WEST 409.21 FEET MEASURED PERPENDICULAR TO THE WEST LINE OF SAID LOT) IN COOK COUNTY, ILLINOIS 14 EXHIBIT B PLAT OF ANNEXATION 15 /Alb' LiAGLILEMaEr a o VIL AGE OF LEM'PVT'` TO THE T\ 0 r I N C L UL0 E 0 / \\ HEREBY ANNEXED 9. 7070 AC GESSLER'S SUB' N. .}: .1! 7 EXHIBIT C PRELIMINARY PLAT 16 0!) 7 '1 LEMONT, /LLINO/S 8 fi A o , iz 4 k OZ ••--...._rt %,,,, i 't- et ' • \ 1 / . 1 / 4 \ Pl044•41/40 EXHIBIT D BAILEY'S CROSSING SUPPLEMENTAL DESIGN STANDARDS 1. All construction within the TERRITORY shall meet the design standards contained herein and shall conform substantially to the preliminary building elevations prepared by Anderson Associates Architects, Inc., identified as Plan 2021. The VILLAGE shall not issue a building permit for any building or dwelling in the TERRITORY not in compliance with these standards. 2. All buildings and dwelling units shall display multiple roof ridge lines to promote a visually interesting elevation. 3. All dwellings shall have brick exteriors on at least all four sides of the first floor. 4. Each dwelling unit shall be provided an attached two -car garage. 5. Besides masonry, siding materials above the first floor elevation shall be cedar or comparable wood. 6. Landscaping shall be installed and maintained to provide for the privacy of residents of adjacent properties and to generally beautify the surroundings. 17 EXHIBIT E LANDSCAPE PLAN 18