O-821-94 01/24/94VILLAGE OF LEMONT '
ORDINANCE NO.
ITEM VI.C.6.
VILLAGE OF LEMONT
418 Main Street
Lemont, IL 60439
DE_ j.-it9 NBC $53 r
7.42222 TRAM 7750 03/09194-
2 ? 3 K — 9 4— _...:.J6 4 :.. 4
COOK. a COMITY RECORDER
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 18 ACRE PARCEL GENERALLY LOCATED
SOUTHWEST OF THE STATE STREET -127TH STREET INTERSECTION
(Finnegan Property)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This a- day o
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, Will and DuPage
f
Countie Illinois, this a day
of , 1994.
Cc
1994.
ORDINANCE NO. gc2,01
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 18 ACRE PARCEL GENERALLY LOCATED
SOUTHWEST OF THE STATE STREET -127TH STREET INTERSECTION
(Finnegan Property)
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 "FINNEGAN PROPERTY ANNEXATION AGREEMENT" dated the a441 day
of fi.,t, , 1994, (a copy of which is attached hereto and
milip a p•' t 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, COUN IES OF COOK, DuPAGE, AND WILL,
ILLINOIS, on this 414:01 day of , 1994.
Barbara Buschman
Alice Chin
Keith Latz
William Margalus
Rick Rimbo
Ralph Schobert
AYES NAYS PASSED ABSENT
v
CHARLENE SMOLLEN, Village Clerk
Approved by me this °W day of
Attest:
,1994.
/0
ARD A. KW ESKI, Village President
CHARLENE SMOLLEN, Village Clerk
Mail to:
Village Clerk
Village of Lemont
418 Main Street
Lemont, IL 60439
22 -32- 107 - 001;002;003;004;
007;010;011;
22 -32- 108 - 009 -000;
ANNEXATION AGREEMENT
TITLE
Annexation
Zoning :and Land Use Restrictions
Utilities
IV. Future Development, Fees, Building
Ordinances, Permits and General
Matters
V. Contributions
VI. Terms of this Agreement
EXHIBIT
"An
"B"
EXHIBITS
TITLE
Legal Description. of Territory
Plat of Annexation of Territory
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered in this d,' day of
January, 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 MARQUEF1'E
NATIONAL BANK, as Trustee under Agreement dated August 26, 1977,
known as Trust No. 8003, as to Parcel No. 1, as hereinafter
defined (hereinafter referred to as "Trust No. 8003 "), and
MARQuEF1'E NATIONAL BANK, as Trustee under Agreement dated
October 10, 1978, known as Trust No. 8754, as to Parcel Nos. 2 and
3, as hereinafter defined (hereinafter referred to as "Trust No.
8754 "). Trust No. 8003 and Trust No. 8754 are hereinafter
sometimes collectively referred to as "Owner ").
W I T N E S S E T H:
WHEREAS, Trust No. 8003 and Trust No. 8754 are the owners
of record of the real estate which is the subject of this
Annexation Agreement (hereinafter referred to as the "Territory "),
consisting of three (3) parcels. The legal description of the
Territory is attached hereto, marked Exhibit "A" and by this
reference made a part hereof; and
WHEREAS, Owner has submitted to the Village a Petition for
Annexation; and
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, 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 parties desire, pursuant to Chapter 65,
Section 5/11 -15.1, et seq., of the Illinois Compiled 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 have duly fixed a time for
1
and held a hearing upon the Annexation Agreement and has given
notice of said hearing; and
WHEREAS, the corporate authorities of the Village have
considered the Annexation and development of the Territory
described in the Petition and have 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 -1 -1, et seq., 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. A true and accurate copy of the Plat of Annexation of
said Territory is attached hereto, marked Exhibit "B" and
incorporated herein by reference. Said Plat of Annexation extends
the new boundaries of the Village to the far side of any adjacent
highway and includes all of every highway within the Territory so
annexed.
II.
ZONING AND LAND USE RESTRICTIONS
The Village, having conducted all required public hearings
and following publication of public notices required upon the 2
Annexation of the Territory to the Village, has determined, and N
shall so designate by separate ordinance, the Territory legally *+
described as Parcel Nos. 1, 2 and 3 on Exhibit "A" attachedl
hereto, to be classified under the existing Village zoning.4
ordinances, as follows:
TERRITORY ZONING CLASSIFICATION
Parcel No. 1 B -3 Commercial District
Parcel No. 2 B -1 Neighborhood Shopping District
Parcel No. 3 R -3 Single_Family Residence District
Provided, however, that Owner and Village agree as follows
with respect to Parcel No. 3:
2
1. OWNER shall not apply for any building permits for
single family residences on either Lot 32 or 33, nor any portion
of said lots, in Emerald Acres Subdivision, for a period of twelve
(12) months from the date of this Annexation Agreement; and
2. In the event VILLAGE shall, within twelve (12) months of
the date of this Annexation Agreement, commence on its own an
application and petition to commence the process for a map
amendment to re -zone either Lot 32 or Lot 33 in Emerald Acres
Subdivision, or both, from the R -3 Single Family Residence
District to a Business or Commercial District under the VILLAGE's
zoning ordinance, OWNER shall not object to such re- zoning.
III.
UTILITIES
At the time of development of the TERRITORY, whether by OWNER
or any successor or assign of OWNER, all utilities necessary for
such development, including, but not limited to water, sanitary
sewer and storm water detention, shall be constructed in
accordance with engineering plans and specifications to be
approved by the VILLAGE Engineer and in accordance with applicable
VILLAGE ordinances and the rules, regulations and ordinances of
all other governmental agencies or entities having jurisdiction
thereof.
IV.
FUTURE DEVELOPMENT, FEES, BUILDING
ORDINANCES, PERMITS AND GENERAL MATTERS
1. OWNER agrees to comply in all respects with all then
applicable provisions of the VILLAGE Building Codes in connection
with the site development and construction of buildings in the
TERRITORY.
2. VILLAGE agrees to expeditiously take action to approve
or disapprove all plats, plans and engineering submitted to td
VILLAGE by OWNER, or any successors or assigns of OWNER, in
connection with the future development of the TERRITORY. If :
VILLAGE shall determine that any such submission is not in Ot
substantial accordance with this Agreement and applicable
ordinances, the VILLAGE shall promptly notify OWNER in writing of ,y
the specific objection to any such submission so that OWNER can
make any required corrections or revisions.
V.
CONTRIBUTIONS
The OWNER shall be required to make land or cash
contributions for school, park and library purposes to the VILLAGE
3
only in the event the TERRITORY, or any portion thereof, is
re- subdivided for residential purposes. The amount of the
contributions shall be in accordance with the ordinances of the
VILLAGE then in effect.
VI.
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
be covenants running with the land.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day and year first above written.
VILLAGE:
VILLAGE OF LEMONT, an
OWNER:
MARQUETTE NATIONAL BANK, as
Illin o municipal corporation Trustee
August
Trus I J
Bv:
Attest:
k
)
age President
illage Clerk
This instrument is executed by the Marquette National
Banat. not personally. but only as Trustee, and no per-
pond !lability is assumed by or shell . be enforced
agaitlbt said Marquette National Bank because of or on
account of the making of this ittstrutnes►i,
•er Agreement dated
197, )wn as
800
Attest
Title
Title
MARQur:r1'E NATIONAL BANK, as
Trustee under Agree ent dated
October �` 197 * ..wn as
Trust� �: 75`
0 1.1"/G.—ifir'
\gfrAFI
Attest: 4Ml
4
Title
Title
tt
STATE OF ILLINOIS )
SS.
COUNTY OF C 0 0 K )
I, the undersigned, a Notary Public, and for the County
and State afo esaid, DO HEREBY CERTIFY, that Nicroi
and Arvurlen0, personally known to me to be the
Village President and Village Clerk of said 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 AOk day of
" OFFICIAL SEAL "
ROSEMAY YATES
NOTARY MUG, STATE OF ILLINOIS
MY COMMISSION EXPIRES 8/12/96
My Commission Expires:
STATE OF ILLINOIS )
SS.
COUNTY OF C 0 0 K )
I, the undersigned, a Notary Public, i nd fo t County
and tate or said, 4 DO HEREBY CERTIFY, that
a�• . _ ` ,�,,, �.. .ersonall own Ito me to be the
.�._.� %� and _,- __- -L,`„W of said MARQUETTE
NATIONAL is K, as Trustee under Agreement di fed August 26, 1977,
known as Trust No. 8003, and personally known to me to be the same
persons whose names are subscribed to the foregoing instrument,
appeared before me his ay,in person and sever.11y ac %nowt ged
that as such O
and !..�._ i i,..� /...._
they igned and d liv r the said'instrument as 1�� & % /t'.
and of said MARQUETTE NATIONAL B',17, and
caused the corporate al of said corporation to be affixed
thereto, pursuant to aut ority, given by the Board of Directors of
said corporation as their free and voluntary act, and as the free
and voluntary act and deed of said corporation, for the uses and
purposes therein set forth.
Given under my hand and official seal, this ()Ai day of
January, 1994.
My Commission Expires:
STATE OF ILLINOIS )
) SS.
COUNTY OF C 0 0 K )
lr'
Notar /Public
"OFFICIAL SEAL"
LUCILLE A. ZURLIS
Notary Public, State of Illinois'
• *commission Expires 1/24/98
I, the undersigned, a Notary Public, i nd for t County
and tate afore,. id, DO HEREBY CERTIFY, that cf. A
an), r .�_� «, personally known to me to be the N.)
.,-,(-t /9 - and of said MARQUETTE f"'i
NATIONAL K, as Trustee under Agreement dated October 10, 1978, „�j
known as rust No. 8754, and personally known to me to be the same .A
persons whose names are subscribed to the foregoing instrument, 4.'
appeared before thi day ' person and . evera ly ac . owle • ed
that as such L(D and / _._.__. / •-- _
they signed -nd e ivered t e said instrument as 'AMP ," %MIW
and of said MARQUETTE NATIONAL or , and
caused the corporate sea / of said corporation to be affixed
thereto, pursuant to authority, given by the Board of Directors of
said corporation as their free and voluntary act, and as the free
and voluntary act and deed of said corporation, for the uses and
purposes therein set forth.
Given under my hand and official seal, this d r6k day of
January, 1994.
Notar
My Commission Expires: 1-/V y-f
"OfFICIAL SEAL`
LUCILLE A. ZURLIS
Notary Public, Stet* of 1lCeroAS
tM t�tnmissian Expires t/24/98 3
EXHIBIT "A"
TO
ANNEXATION AGREEMENT BETWEEN THE VILLAGE
OF LEMONT AND MARQUETTE NATIONAL BANK,
TRUST NO. 8003 AND TRUST NO. 8754,
DATED JANUARY o7 ? 1k 1994 (FINNEGAN )
LEGAL DESCRIPTION
Parcel No. 1: Outlot "C" in Emerald Acres, a subdivision of part
of Lots 17, 18 and 20 in County Clerk's Division of
Section 32, Township 37 North, Range 11, East of
the Third Principal Meridian, in Lemont Township,
Cook County, Illinois (B -3 Commercial District -
Trust No. 8003)
Parcel No. 2: Outlot "B" (excepting therefrom the southerly 150
feet as measured along the westerly line) in
Emerald Acres, a subdivision of part of Lots 17, 18
and 20 in County Clerk's Division of Section 32,
Township 37 North, Range 11, East of the Third
Principal Meridian, in Lemont Township, Cook
County, Illinois (B -1 Neighborhood Retail District
- Trust No. 8754)
Parcel No. 3: Lots 32, 33, 34, 35 and 36, inclusive, in Emerald
Acres, a subdivision of part of Lots 17, 18 and 20
in County Clerk's Division of Section 32, Township
37 North, Range 11, East of the Third Principal
Meridian, in Lemont Township, Cook County, Illinois
(R -3 Single Family Residential District - Trust No.
8754)
OPt
.l+
EXHIBIT "B"
TO
ANNEXATION AGREEMENT BETWEEN THE VILLAGE
OF LEMONT AND MARQUETTE NATIONAL BANK,
TRUST NO. 8003 AND TRUST NO. 8754,
DATED JANUARY c?0lv, 1994 (FINNEGAN)
SEE ATTACHED
PLAT OF ANNEXATION
EXHIBIT "B"
9421#4_
JOB 1.,/0. 93123
A
N. SCALE: 1..100'
a 0.1.010161
Caw Y OF CODA 1
TECH 3 CONSULTING GROUP, INC.
ENGINEERS SURVEYORS PLANNERS
1105 C MAIN STEM CR117. ILLINCHS 17001 072.4004
PLAT OF ANNEXATION
TO THE VILLAGE OF LEMONT
COOK COUNTY, ILLINOIS
OUTIOT •I.1(8015TINO THEREFROM THE SOUTHERLY 160 FEET AS MEASURED MONO
THE WESTERLY LINEI. OUTLOT .C- ANO LOTS 32. 33, 24, 35. AND 26. INCLUSIVE IN
EMERALD ACRES. A S000IVISION OF PART OF LOT 17.16. AND 20. IN COUNTY CLERK'S
DIVISION OF SECTION 32. TOWNSHIP 37 NORTH. RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN LEMONT TOWNSHIP. IN COOK COUNTY. ILLINOIS.
ALSO
ALL OF EVERY HIGHWAY WITHIN THE A10VE DESCRIIED REAL ESTATE AND ANY
HIGHWAYS OR PARIS OR HIGHWAYS ADJACENT TO THE *1055 DESCRIIEO REAL
ESTATE NOT LOCATED WITHIN A MUNICIPALITY.
EAST LINE OF THE NORTHWEST QUARTEII
Of SECTION 32-09.11
DAT a INS.
ATTTATI
W WY; CLERK
milour
OF ILLINOIS. 1
1 SS
COUNTY OF WILL 1
TECH S CONSULTING CROOP. INC.. DOES NER[IY CERTIFY THAT IT HAS
MEPAAEO THIS PLAT OF ANNEXATION AND THAT IT IS A TRUE AND CORRECT
olP` ESFNTAT ION OF S.WE BASED Ox UFFI T KATE AND X FC."".
I. xSIDNS AR[ LIVEN IH fE[i ANO D[Cluxt PARTS ixE.fU .
0A7E0 THIS Sill D ♦ OF S6✓f. A.O. �1 )745Q� l/,j�/ J}n
ILCOT07Tfrd0i geriNAL LAF6 idad1"Tii
SOUTH LINE OF THE NORTHEAST
QUARTER OF THE NORTHWEST
QUARTER OF SECTION 32 -37 -11
PETITION FOR ANNEXATION
TO: President and Board of Trustees
of the Village of Lemont
Cook, Will and DuPage Counties of Illinois
The Petitioner, MARQUETTE NATIONAL BANK, as
Trustee under Agreement dated August 26, 1977, known as
Trust No. 8003, respectfully states under oath:
1. Petitioner is the sole owner of record of the
following legally described real estate (hereinafter
sometimes referred to as the "Tract ") comprising
approximately 10.5 acres, more or less, located on the
southeast corner of State Street and 127th Street:
OUTLOT "C" IN EMERALD ACRES, A SUBDIVISION
OF PART OF LOTS 17, 18 AND 20, IN COUNTY
CLERK'S DIVISION OF SECTION 32, TOWNSHIP 37
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN LEMONT TOWNSHIP, IN COOK
COUNTY, ILLINOIS.
2. The Tract is not situated within the limits of
any municipality, but is contiguous to the Village of
Lemont.
3. There are no electors residing in the Tract.
1
PETITIONER RESPECTFULLY REQUESTS:
1. That the
the Village of Lemont
and Board of Trustees
65 I.L.C.S. 5/7 -1 -8.
Attest:
B
OWNER:
above - described Tract be annexed to
by ordinance adopted by the President
of the Village of Lemont, pursuant to
MARQUETTE NATIONAL BANK, not
personally, but as Trustee
under Agreem -nt dated August 26,
1977, know Trus ►0. :003
By:
Title
Title
SUB.,SCR BED AND SWORN TO EFORE M ,'this 77 '- day
of �� �-�! '� , 1993, by O�L-RJ C. _ l�.[.irLn ���,(, c�-
Presiderjt of MARQUETTE NATIONAL BANK. !/
"OFFICIAL SEAL"
LUCILLE A. ZURLIS
Notary Public, State of Illinois
My Commission Expires 1/24/94
My Commission
2
Expires : / _4/ 1
PETITION FOR ANNEXATION
TO: President and Board of Trustees
of the Village of Lemont
Cook, Will and DuPage Counties of Illinois
The Petitioner, MARQUETTE NATIONAL BANK, as
Trustee under Agreement dated October 20, 1978, known as
Trust No. 8754, respectfully states under oath:
1. Petitioner is the sole owner of record of the
following legally described real estate (hereinafter
sometimes referred to as the "Tracts ") comprising
approximately 6 acres, more or less, located on the
southeast corner of Emerald Drive and 127th Street and at
Munster Road and State Street:
OUTLOT B, EXCEPTING THEREFROM THE SOUTHERLY
150 FEET AS MEASURED ALONG THE WESTERLY
LINE, IN EMERALD ACRES, A SUBDIVISION OF
PART OF LOTS 17, 18 AND 20 IN COUNTY CLERK'S
DIVISION OF SECTION 32, TOWNSHIP 37 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, LEMONT TOWNSHIP, IN COOK COUNTY,
ILLINOIS.
AND
LOT NOS. 32, 33, 34, 35 AND 36, INCLUSIVE,
IN EMERALD ACRES, A SUBDIVISION OF PART OF
LOTS 17, 18 AND 20 IN COUNTY CLERK'S
DIVISION OF SECTION 32, TOWNSHIP 37 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, LEMONT TOWNSHIP, IN COOK COUNTY,
ILLINOIS.
2. The Tracts are not situated within the limits
of any municipality, but are contiguous to the Village of
Lemont. .ta
isa
3. There are no electors residing in the Tract.
PETITIONER RESPECTFULLY REQUESTS:
1. That the above - described Tracts be annexed to
the Village of Lemont by ordinance adopted by the President
and Board of Trustees of the Village of Lemont, pursuant to
65 I.L.C.S. 5/7 -1 -8.
Attest:
Bv:
OWNER:
MARQUETTE NATIONAL BANK, not
personally, but as Trustee
under Agre -. -nt dated •ctober 20,
1978, y ► o :754
Title
Title
SUBSCRIBED AND SWORN TO , AEFORE ME this
of � c -� , 1993, by CG. . i-c..e .._ldf4.c r:�
President of MARQUETTE NATIONAL BANK.
"OFFICIAL SEAL"
LUCILLE A. ZURLIS
Notary Public, State of Illinois
My Commission Expires 1/24/94
C1G
C
Notary Pub]/i"
My Commission Expires:
2