O-827-94 02/14/949 21 6450
VILLAGE OF LEMONT
ORDINANCE NO.
ITEM VI.C.1.
T49722 .: Ai 7750 03/09/94 12t55 :':0
4731 y 7z s . _ . • — 94_„_^: ' !:5 trg
COOK COUNTY RECORDER
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT FOR APPROXIMATELY 10 ACRES
LOCATED SOUTHEAST OF THE INTERSECTION
OF McCARTHY ROAD AND WALKER ROAD
(Health Care Center of Lemont)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This /ij� day o
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, Will and DuPage
Countie, Illinois, this //2 day
of .4117.'cf,11 , 1994.
ILL co
1994.
RECOR J MG FEE $
DAT
OK
ORDINANCE NO. S 01 7
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT FOR APPROXIMATELY 10 ACRES
LOCATED SOUTHEAST OF THE INTERSECTION
OF McCARTHY ROAD AND WALKER ROAD
(Health Care Center of Lemont)
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 "CENTURY CARE MANAGEMENT, INC. ANNEXATION AGREEMENT" dated
the / day of , 1994, (a copy of which is attached
hereto and made a part h eof).
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, COUNT ES OF COOK, DuPAGE, AND WILL,
ILLINOIS, on this /V day of , 1994.
Barbara Buschman
Alice Chin
Keith Latz
William Margalus
Rick Rimbo
Ralph Schobert
Approved by me this A d
Attest:
AYES NAYS PASSED ABSENT
V
v
v'
CHARLENE SMOLLEN, Village Clerk
,1/
1994.
day of ,
:IC'ARD A. K ASNESKI, Village President
CHARLENE SMOLLEN, Village Clerk
Mail to:
Village Clerk
Village of Lemont
418 Main Street
Lemont, IL 60439
22 -27- 100 -013 -000;
22 -27- 300 - 001 -000;
ANNEXATION AGREEMENT
ARTICLE TITLE
I• Annexation
II. Zoning and Land Use Restrictions
III. Water
IV. Sanitary Sewers
V. Storm Water Detention
VI. Roadways
VII. Fees, Building Ordinances, Permits
and General Matters
VIII. Contributions
IX. Approval of Application
X. Letters of Credit
XI. Notice of Violations
XIi. Maintenance Bond
XIII. Damage to Public Improvements
tJ
XIV. Terms of this Agreement
XV. Passage of Ordinances
and Resolutions
XVI. Enforcement of this Agreement
XVII. Invalidity
XVIIi. Notice
XIX. Trustee Exculpation
1
EXHIBITS
EXHIBIT TITLE
A. Legal Description
B. Site Plan
C. Plat of Annexation
D. Landscape Plan
E. Building Elevations
F. Thoroughfare Plan
2
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this
of
day
, 1994, between the VILLAGE OF LEMONT, a
municipal corporation of the Counties of Cook, DuPage and Will, in
the State of Illinois (hereinafter referred to as "VILLAGE "), and
the CENTURY CARE MANAGEMENT, INC., a Delaware corporation,
authorized to do business in Illinois (hereinafter "OWNER ") and
WEST SUBURBAN BANK, as Trustee under Trust Agreement dated May 6,
1985, and known as Trust No. 8147 (hereinafter "TITLE HOLDER ").
W I T N E S S E T H
WHEREAS, TITLE HOLDER is the owner of record of an
approximate ten (10) acre parcel of real estate located at the
southeast corner of McCarthy and Walker Roads, Lemont Township,
Illinois (hereinafter referred to as "TERRITORY "), the legal
description of which is attached hereto as Exhibit "A" and by this
reference made a part hereof; and
WHEREAS, OWNER, as purchaser of the Territory, and TITLE z�
44
HOLDER have submitted to the VILLAGE a Petition for Annexation;
and
WHEREAS, OWNER intends to construct and operate a nursing and
rehabilitation center on an approximately ten (10) acre parcel in
conformance with the Site Plan /Preliminary Plat of Subdivision
prepared by Tech 3 Consulting Group, Inc., dated September 27,
1993, revised to December 29, 1993, No. 93 -109, labeled Exhibit
"B ", which is attached hereto and by this reference made a part
hereof, hereinafter referred to as the "Site Plan "; and
3
WHEREAS, the parties hereto desire the TERRITORY which is
contiguous to the VILLAGE to be annexed to the VILLAGE on the terms
and conditions hereinafter set forth; and
WHEREAS, TITLE HOLDER, 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 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
WHEREAS, the required hearings have been held by the VILLAGE'S
Plan Commission and Zoning Board of Appeals and all the necessary
approvals have been received; and
WHEREAS, the parties desire, pursuant to Illinois Compiled
Statues Chapter 65, 5/11 -15.1 et seq., 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 have duly fixed a time for
and held a hearing upon the Annexation Agreement pursuant to proper
notice of said hearing; and
4
WHEREAS, the corporate authorities of the VILLAGE have
considered the annexation and development of the TERRITORY
described in the 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 this
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 65, Section 5/7 of the
Illinois Compiled 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.
2. The Plat of Annexation of said TERRITORY is attached hereto
as Exhibit "C ". Said Plat extends the new boundaries of the VILLAGE
to -the far side of any adjacent highway and includes all of every 44
highway within the TERRITORY so annexed.
II.
ZONING AND LAND USE RESTRICTIONS
1. Upon Annexation of the TERRITORY to the VILLAGE, the real
estate described in Exhibit "A" shall be classified under the
existing Lemont Zoning Ordinance as follows: R -5 Single Family
Attached Residence District (hereinafter referred to as "R -5 ").
5
2. In addition, a Special Use Permit as a unique use for a
nursing and rehabilitation center on that portion of the ten (10)
acre site identified on the Site Plan as containing the nursing and
rehabilitation center shall be issued for construction of a
facility in conformance with the Site Plan (Exhibit "B "), the
Landscape Plan (Exhibit "D "), and Building Elevations (Exhibit
11 E 11
).
In addition, the unique use shall allow:
A. A forty (40) foot minimum side yard set back along the
eastern property line;
B. A minimum of eighty (80) off - street parking spaces;
C. A maximum 59,000 square foot structure; and
D. A maximum one hundred fifty (150) beds, and an additional
ten (10) beds subject to state approval.
3. The development of the TERRITORY described in Exhibit "A"
shall meet all applicable provisions of the Subdivision Regulations
of the VILLAGE. No development of the southern approximately five
(5) acres of the TERRITORY is proposed on the effective date of
this AGREEMENT. Any future subdivision or development of the
TERRITORY shall conform to all applicable provisions of the Zoning
and Subdivision Regulations Ordinances of the VILLAGE, and the
terms of this AGREEMENT in effect on that day, except, however, the
nursing and rehabilitation center if contained on its own separate
lot shall be a conforming use if the southern building wall
maintains a 30 -foot rear yard setback and the parking lot area
conforms to the setback regulations in effect on the date of this
AGREEMENT. Further, the R -5 zoning classification of the TERRITORY
6
notwithstanding, the OWNER and the VILLAGE agree that, as a
condition of approval of the special use permit for a unique use,
future development on the southern approximately five (5) acres
shall be restricted to single - family detached dwellings which shall
meet the requirements of the R -4 Single - family Residence District.
III.
WATER
1. As of the date of this Agreement, the VILLAGE water main is
contiguous to the TERRITORY, and absent unforeseen circumstances it
is sufficient to serve the facility herein approved, and the
VILLAGE shall not require the construction of on- or off -site water
mains to service the facility approved herein. No additional water
mains are required to serve the TERRITORY, except that any further
subdivision or development of the TERRITORY involving the south
five acres shall require the OWNER to extend public water mains as
needed by good engineering practice to provide water supply to the
southern five acres at the time of its development.
2. On -site water lines shall be constructed in accordance with
the plans and specifications approved by the VILLAGE.
3. Prior to occupancy of the nursing home and rehabilitation
center, the OWNER shall pay water connection charges to the VILLAGE
4.77
ra\
in accordance with the Plumbing Code of the VILLAGE, as amended
from time to time. Further, the existing Plumbing Code connection
fees shall be maintained for one (1) year from the date of this
AGREEMENT for any development in the TERRITORY.
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 ten thousand dollars ($10,000) shall be paid for the nursing
and rehabilitation center as the amount of the contribution, which
is consistent with contributions required from other developments.
IV.
SANITARY SEWERS
1. Sanitary sewers shall be designed in accordance with the
standards for sewage works adopted by the VILLAGE and Great Lakes
Board of Public Health Engineers and the requirements of the
Metropolitan Water Reclamation District of Greater Chicago
( "MWRD ").
2. The design and construction of the sanitary sewer shall be
in accordance with engineering plans and specifications approved by
the VILLAGE Engineer. Presently, a MWRD sanitary sewer line is
contiguous to the TERRITORY, and said line is sufficient to serve
the facility herein approved, as well as the southern five
acres, subject to MWRD approval.
3. The OWNER shall pay sanitary sewer connection charges to
the VILLAGE for the nursing and rehabilitation center in accordance
with the Plumbing Code of the VILLAGE in effect on the date of this
AGREEMENT and which connection charges shall be maintained for one
(5)
(1) year from the date of this AGREEMENT for any development in the
TERRITORY.
V.
STORM WATER DETENTION
1. OWNER'S storm water management plans conform to the
detention policy of the VILLAGE and the Metropolitan Water
Reclamation District of Greater Chicago (MWRD). Further, OWNER
agrees to install reasonable necessary surface drainage courses and
retention and detention areas as set forth on the engineering
plans.
2. All retention and detention basins and outlet control
structures shall be constructed prior to the installation of on-
site roadway and storm sewer system to prevent property damage
during interim improvement construction. OWNER shall take
precautionary measures to prevent storm water run -off from causing
erosion and depositing silt in the Illinois and Michigan Canal and
other tributary drainage ways.
3. The plans and specifications of the construction of the
storm water retention and detention facilities shall meet the
current needs of the TERRITORY as established by the MWRD and the
VILLAGE.
VI.
ROADWAYS
1. Except for the roadway (Walker Road extension) from
McCarthy Road to the entry to the second parking lot of the
facility along the western property line which is thirty (30) feet
9
back of curb to back of curb and is bisected by the section line,
the remaining roadway shown on the Site Plan shall be private. The
public roadway shall be constructed in accordance with VILLAGE
approval.
The OWNER agrees to dedicate thirty -three (33) feet of its
land for roadway purposes along the west boundary of the TERRITORY,
as shown in Exhibit "B" (Site Plan). Further, the OWNER agrees to
construct said roadway to the point shown on Exhibit "B" attached
hereto, as part of the construction of the nursing home and
rehabilitation center. The VILLAGE agrees to assist the OWNER in
obtaining a thirty - three (33) foot wide dedication of land from the
owners of adjacent property, thereby creating a sixty -six foot wide
right -of -way to allow construction of the roadway.
2. At the time the south approximately five (5) acres of the
TERRITORY is developed, the OWNER shall dedicate such streets as
will be required by the VILLAGE during subdivision and development
review in accordance with VILLAGE Ordinances. The parties agree
that the conceptual design of such roadways, which will not exceed
thirty (30) feet in width from back of curb to back of curb, shall ,4
conform to the "Thoroughfare Plan" in the 1993 Comprehensive Plan Ott
of the VILLAGE (Exhibit F). ''
VII.
FEES, BUILDING ORDINANCES, PERMITS AND GENERAL MATTERS
1. The OWNER agrees to comply in all respects with all
currently existing applicable provisions of the VILLAGE Building
Codes in connection with the construction of buildings in the
10
TERRITORY. The OWNER further agrees
to pay all VILLAGE fees,
reimburse the VILLAGE for reasonable planning, engineering and
legal fees incurred as a result of the OWNER'S proposal as required
by ordinance and obtain all permits required by present VILLAGE
ordinances.
2. Upon execution of the Annexation Agreement and the issuance
of the Special Use Permit in the nature of a unique use, the OWNER
shall be authorized to secure a building permit for the
construction of the nursing and rehabilitation center.
VIII.
CONTRIBUTIONS
1. OWNER shall make, prior to the issuance of the certificate
of Occupancy for the special use- unique use approved herein, a
contribution to the Village of Lemont in the sum of fifteen
thousand dollars ($15,000).
2. Except as provided in this AGREEMENT, no further
contributions for public purposes are required, unless and until
the TERRITORY is further subdivided and the southern five acres are
developed for residential use or the special use for a unique use Z�
is expanded, since the residents of the nursing home and
rehabilitation center will have negligible im act on the school, P 44
ZIT
park, and library districts.
3. If the TERRITORY is further subdivided for residential
purposes, the OWNER shall make contributions for park, school, and
library purposes in accordance with the ordinances of the VILLAGE
11
in effect on the day
the petition for approval of such development
or subdivision is filed with the VILLAGE. s AGREEMENT are
4. The contributions and fees set forth in this
all of the contributions and fees required of th e nursing and
rehabilitation center and any subdivision or development of the
TERRITORY to
develop the southern five acres thereof shall have no
e effect on the nursing and rehabilitation center wi th
retroacti -v set forth in this
respect to contributions and fees specifically
AGREEMENT.
IX.
APPROVAL OF APPLICATION
take action to approve or
VILLAGE agrees to expeditiously
disapprove all plats, plans and engineering submitted to VILLAGE by
OWNER. If VILLAGE shall reasonably
determine that any such
ubstantial accordance with this Agreement and
submission is not in s romptlY► notify OWNER in
applicable ordinances, the VILLAGE shall p
writing of the specific objection to any such submission so that
required corrections or revisions and make the
OWNER can make an Y promptly The VILLAGE shall act p tly P on the resubmittal.
p u
resubmittal. Th the word
respect to the nursing and rehabilitation center,
With will mean ten (10)
working or business days.
promptly
X
LETTERS OF CREDIT
require furnish the VILLAGE irrevocable letter of
1. The OWNER sh or
uired amount issued by the reputable banking
credit in the q the State of
financial ial institution authorized to do business in
12
Illinois or state wherein OWNER maintains its principal banking
relationship, and shall be subject to the approval of the VILLAGE
Board.
2. At the time of final plat approval, or prior to any
construction on the nursing and rehabilitation center site, the
OWNER shall deposit securities as herein provided, in an amount
equal to one hundred twenty -five percent (125 %) of the estimated
cost for public improvements as determined by the VILLAGE Engineer.
Upon completion of the construction of 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, in writing,
advise the OWNER of the condition of the improvements, what
correction, if any, are necessary, and whether same shall be
accepted by the VILLAGE. Upon completion of the improvements or
any part thereof, in accordance with the plans and specifications
thereof, the VILLAGE shall accept the same upon deposits of a
corporate surety for the one (1) year maintenance period as
required in XIII below.
3. The dedication of the improvements to the VILLAGE 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.
13
4. Upon acceptance of dedication of the VILLAGE, the OWNER may
reduce the letter of credit or form of financial responsibility by
an amount equal to the value of the improvements so accepted.
5. For purposes of the nursing and rehabilitation center the
only public improvements are the street (Walker Road extension),
including pavement, curb - and - gutter, sidewalks, street lights and
other improvements within the street right -of -way required by the
Subdivision Regulations of the VILLAGE.
XI.
NOTICE OF VIOLATIONS
VILLAGE will issue no stop orders directing work stoppage on
building or parts of the project without giving notice of the
section of the code allegedly violated by OWNER, so the OWNER may
such violations as may exist. This
forthwith proceed to correct
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 employee on or near the site. VILLAGE shall
such as
provide OWNER notice as required by Statute of any matter,
public hearing, proposed building code changes and policy changes
or other matters which may affect the TERRITORY of development of
it under this Agreement.
XII.
MAINTENANCE BOND
At the time or times of acceptance by VILLAGE of the
installation of any part, component or all of any public
14
improvement in accordance with this section, or any other sections
of the Agreement, OWNER shall deposit with the VILLAGE a
maintenance bond in the amount of five percent (5 %) of the cost of
the installation of the public improvement accepted by VILLAGE.
This bond shall be deposited with the VILLAGE and shall be held by
the VILLAGE for a period of twelve (12) 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
shall not be returned until correction of said defect and
acceptance by VILLAGE of said corrections..
The only public improvements for the nursing and
rehabilitation center are the roadway (Walker Road extension),
including pavement, curb - and - gutter, sidewalks, street lights, and
other improvements within the street right -of -way required by the
Subdivision Regulations of the VILLAGE.
XIII.
DAMAGE TO PUBLIC IMPROVEMENTS
OWNER shall replace and repair any damage to public
improvements installed within, under or upon the subject realty
resulting from construction activities by OWNER,
their successors
or assigns and their employees, agents, contractors or L.^
subcontractors during
the term of this Agreement. OWNER shall have ..
no obligation hereunder with respect to damage resulting from
ordinary usage, wear and tear.
15
XIV.
TERMS OF THIS AGREEMENT
This Agreement shall be binding upon all the parties hereto, their
respective successors and assigns for a period of twenty (20)
years. All of the terms and conditions provided herein shall run
with the land.
XV.
PASSAGE OF ORDINANCES AND RESOLUTIONS
All ordinances and resolutions necessary for the approval of
the hereindescribed project, including, but not limited to, the
annexing ordinance, the ordinance authorizing execution of this
annexation agreement, the ordinance authorizing the special use
permit and the resolution approving a preliminary plat of
subdivision, shall be promptly passed and approved by the corporate
authority at the conclusion of the public hearing on this
Annexation Agreement.
XVI.
ENFORCEMENT OF THIS AGREEMENT
Any party to this Agreement and any successor to a party may,
by civil action, mandamus, injunction or other proceeding, enforce
and compel performance of this agreement and any term thereof.
In the event the VILLAGE, OWNER or TITLE HOLDER shall
institute legal action because of a breach of any term or
obligation contained in this Annexation Agreement against any party
to this Agreement to enforce the terms hereof, and a breach is
established by a final judgement, the VILLAGE, OWNER or TITLE
16
HOLDER, as the case may be, shall be entitled to recover from the
breaching party all damages, costs and expenses, including
reasonable attorneys' fees incurred in said action(s).
XVII.
INVALIDITY
Should any provision or provisions.hereof be declared invalid
for any reason whatsoever, said declaration of invalidity shall
affect only the provision or provisions so declared invalid.
XVIII.
NOTICE
All notices herein required shall be in writing and shall be
deemed effective when delivered and shall be deemed delivered when
actually received or delivered via fax transmission with hard copy
to follow via Federal Express for next day delivery addressed to
the parties hereto at the respective addresses set out opposite
their names below, or at such other address as they have heretofore
specified by written notice delivered in accordance herewith:
If to the Village: Village of Lemont
418 Main Street
Lemont, I1 60439
Fax: (708)257 -1598
and
John P. Antonopoulos, Village Attorney
Antonopoulos, Virtel & Groselak,
221 East 127th Street
Lemont, I1 60439
Fax: (708)257 -8619
17
If to Owner:
Century Care Management Company, Inc.
William G. Burris, Jr. Vice President
411 Hackensack Avenue
Hackensack, NJ 07601
Fax: (201)525 -5953
and
The Multi -Care Companies
Mr. Paul Klausner, Senior Vice President
and General Counsel
411 Hackensack Avenue
Hackensack, NJ 07601
Fax: (201)525 -5953
and
Goldstine, Skrodzki, Russian, Nemec
and Hoff, Ltd.
7660 West 62nd Place
Summit, I1 60501
Fax: (708)458 -0271
Either party's address may be changed from time to time by
such party giving notice as provided above to the other party.
XIX.
TRUSTEE EXCULPATION
This Agreement is executed by the West Suburban Bank, not
personally, but solely as Trustee under Trust Agreement dated May
16, 1988, and known as Trust No. 8147. No personal liability shall
be asserted or be enforceable against West Suburban Bank because of
tQ
or in respect to this Annexation Agreement.
18
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed on the day and year first above written.
VILLAGE OF LEMONT AND THE
COAPO:ATE AUTHORITIES THEREOF
Presiders
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
Attest:
19
Village Clerk
CENTURY CARE MANAGEMENT COMPANY,
INC., an Illinois corporation,
By:
President
Attest:
Secretary
WEST SUBURBAN BANK, not
personally but solely as Trustee
under Trust Agreement dated May
16, 1988, and known as Trust No.
8147
MAD TRUST OFFICER
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed on the day and year first above written.
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
VILLAGE OF LEMONT AND THE
CORPORATE AUTHORITIES THEREOF
By:
President
Attest:
Village Clerk
CENTURY CARE MANAGEMENT, INC.,
a Delaware corporation,
authorized to do business in
Illinois.
WEST SUBURBAN BANK, not
personally but solely as
Trustee under Trust Agreement
dated May 16, 1988, and known
as Trust No. 8147
By:
Trustee ■
Attest:
19 A
STATE OF ILLINOIS )
DU PAGE ) SS.
COUNTY OF COON )
I, the undersigned, a Notary Public in and for said County and
State, DO HEREBY CERTIFY that Patricia L. Fleischman WEST UBURBAN BA and
Joanne L. Vokurka
solely as Trustee and not individually, are personally known to me
to be the same persons whose names are subscribed to the foregoing
instrument as such Trust Officer
Asst. Trust Officer, of said Bank, respectively, appeared before me
this day in person and acknowledged that they signed and delivered
the said instrument as their own free and voluntary act, and as the
free and voluntary act of said Bank, for the uses and purposes
therein set forth; and the said Asst. Trust Officer did also
then and there acknowledge that he /she as custodian of the seal of
said Bank did affix said seal of said Bank to said instrument as
his /her own free and voluntary act, and as the free and voluntary
act of said Bank, for the uses and purposes therein set forth.
GIVEN under my hand and official seal this 26th day of
January , 1994.
k
Notary Public
My Commission Expires:
"OFFICIAL SEAL"
DIANE M. NORRIS
Notary Public, State of Illinois
My Commission Expires 7/19/96
20
4
41
STATE OF ILLINOIS
COUNTY OF C 0 0 K
a Notary Public in an• or said County
I, the undersigned, of
and State DO HEREBY CERTIFY that �� �* �.r
personally known to me to be Delaware corporation, authorized
to uare Management, Inc.,
do business in Illinois, whose name is subscriberson and to the
to appeared before me this day in person foregoing Agreement, being thereunto duly authorized,
she, act of said
and delivered that Agreement the Board id
and delivered said Agre�moen�hes authorityangivenunbyry
corporation, pursuant the partners of said of
corporation, of and corporation or all of act, of
the
corporation, and as einssetrforth, free and voluntary
uses and purposes they � day
GIVEN under my hand and official seal this
of I b�'u , 1994.
SS
Notary Public
My Commission Expires:
CARYN L. CANTELLO
- -.:
F NEW JERSEY
MY COMMISSION EXPIRES MAY 27, i998
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1: THE WEST 196 FEET OF THE SOUTH 78.20 FEET (EXCEPT
THAT PART NORTH OF THE SOUTHERLY LINE OF McCARTHY ROAD) OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27,
TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, AND 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 NORTHERLY OF A LINE DRAWN FROM
A POINT IN THE WEST LINE OF SAID LOT WHICH IS 635.00 FEET
SOUTH OF THE NORTHWEST CORNER OF SAID LOT, TO A POINT ON THE
EASTERLY LINE OF SAID LOT WHICH IS 559.55 FEET SOUTHERLY (AS
MEASURED ALONG SAID EASTERLY LOT LINE) FROM THE NORTHEAST
CORNER OF SAID LOT, IN COOK COUNTY, ILLINOIS.
PARCEL 2: 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 NORTHERLY OF A LINE DRAWN FROM
A POINT IN THE WEST LINE OF SAID LOT WHICH IS 997.5 FEET SOUTH
OF THE NORTH WEST CORNER OF SAID LOT TO A POINT ON THE
EASTERLY LOT LINE OF SAID LOT WHICH IS 917 FEET SOUTHERLY (AS
MEASURED ALONG SAID EASTERLY LOT LINE) FROM THE NORTHEAST
CORNER OF SAID LOT; AND LYING SOUTHERLY OF A LINE DRAWN FROM
A POINT IN THE WEST LINE OF SAID LOT WHICH IS 635.00 FEET
SOUTH OF THE NORTHWEST CORNER OF SAID LOT TO A POINT ON THE
EASTERLY LINE OF SAID LOT WHICH IS 559.55 FEET SOUTHERLY (AS
MEASURED ALONG SAID EASTERLY LOT LINE) FROM THE NORTHEAST
CORNER OF SAID LOT IN COOK COUNTY, ILLINOIS.
22
LOCATION MAP
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COG HILL NURSING & REHABILITATION FACILITY
LEMONT, ILLINOIS
PRELI�MINARRYYSIIPU PtAN
OAT(: SEPT. TT. 1■63 J00 NO 93109
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PLAT OF ANNEXATION
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EXHIBIT D
LANDSCAPE PLAN
25
EXHIBIT E
BUILDING ELEVATIONS
26
EXHIBIT F
THOROUGHFARE PLAN
27