Loading...
O-926-95 10/23/9596240373 VILLAGE OF LEMONT ORDINANCE NO. % c269 DEPT -zra. RECORDING $51.5 T0777 IRAN 0141 03/29/96 10:05:00 44211 z SK *-96-24037:3 . COOK COUNTY RECORDER AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION.AGREEMENT FOR A 25 ACRE PARCEL GENERALLY LOCATED ON THE NORTH SIDE OF McCARTHY ROAD AND ARCHER AVENUE - PART OF THE COG HILL GOLF COURSE ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT day of dot.6---6 , 1995. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will and Du��P,�JJe Counties,,,, this c 32t�'day of LS�'ejt� , 1995. ORDINANCE NO. 9 p� (j AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 25 ACRE PARCEL GENERALLY LOCATED ON THE NORTH SIDE OF McCARTHY ROAD AND ARCHER AVENUE - PART OF THE COG HILL GOLF COURSE 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 "COKF PROPERTIES ANNEXATION AGREEMENT" dated the Q3 day of �� , 1995, (a copy of which is attached hereto and made a part hereof). SECTION 2: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUN IE OF COOK, DuPAGE, AND WILL, ILLINOIS, on this p?' day of , 1995. Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert AYES NAYS PASSED ABSENT V V V ✓/.' // f 44141 .,,, 7-RLENE SMOLLEN, Village Clerk Approved by me this Oday o Attest: ,1995. ARD A. KWASN SKI, Village President CHARLENE SMO EN, Village Clerk Mail to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 22 -27 -101 -001; 22- 27- 200 -006; 22 -27- 200 -009; 22 -27- 200 -002; DOC.ID.:COGHILL.EXO ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this 23rd day of October , 1995, by and among the VILLAGE OF LEMONT, a municipal corporation, situated in Cook County, Illinois (hereinafter referred to as the "Village "), and COOK GOLF PROPERTIES, INC., an Illinois corporation (hereinafter referred to as the "Owner "). WHEREAS, Owner is the record owner of that certain tract of real property containing approximately twenty five (25) acres, more or less, (excluding public rights of way) located in an unincorporated area of Cook County, Illinois, and not within the corporate limits of any other municipality but which property is contiguous to the corporate limits of the Village. Said real property is legally described in Exhibit "A" attached hereto and by this reference incorporated herein and hereinafter referred to as the "Subject Property "; and WHEREAS,Cog Hill Golf and Country Club (hereinafter referred to as "Cog Hill "), which includes the Subject Property, has been operated as a golf course for more than fifty (50) years. The operations of Cog Hill have included the golf course, lighted golf driving range, accessory parking, pro shops, restaurants and snack shops serving liquor by the drink, banquet rooms, parking, lighting, locker rooms, storage facilities for golf course equipment, housing for groundskeepers, and various other facilities and improvements incidental to operation of a golf course and the above - described related uses. Professional and amateur golf tournaments and outings are regularly held at Cog Hill. Private water wells are used for human consumption and for irrigation and watering the golf course and related lands. A private sewerage disposal system operated pursuant to a permit from the Illinois Environmental Protection Agency serves the facilities on Owner's lands and other adjacent properties. A number of ponds and steams run throughout the lands. Through the years Owner has conducted substantial landscaping changes and improvements, and contemplates additional changes and improvements may be made. Owner, with the consent of Village, contemplates continued operation of the golf course and above - described facilities and accessory uses with no further restrictions than are currently imposed on Owner and the Subject Property by Cook County; and WHEREAS, the Subject Property is a portion of the real estate covered by the golf course and accessory uses; and WHEREAS,the Owner intends to continue using Cog Hill as a golf course with the accessory uses mentioned above, and Village agrees the Owner shall retain the rights to such continued use after the Subject Property is annexed; and WHEREAS,Village, through its Zoning Administrator, Building Commissioner, and other appropriate officials, has inspected the Subject Property and related uses, and found them to be in compliance with all ordinances of the Village, as modified herein; and WHEREAS, Owner is willing to have the Subject Property annexed to the Village pursuant to the provisions of 65 ILCS 5/7 -1 -1 et seq. (1994) only if the Village agrees to binding assurance that the Subject Property may continue to be used for golf course and related uses with no greater restrictions than in the past, and binding assurances that the contiguous real estate known as "Oak Tree Subdivision" shall be used exclusively for single - family residential purposes for at least twenty years following the date of this Agreement; and only in accordance with and upon the terms and conditions set forth in this Agreement; and the Village desires that the Subject Property be so annexed; and WHEREAS, Owner has filed with the clerk of the Village a written Petition for Annexation executed by the owners of record of the Subject Property, in the form and manner provided by law and Village ordinance, requesting that the Subject Property be annexed to the Village subject to the terms of this Agreement, and Owner has submitted to the Village a Plat of annexation for the Subject Property, a true and correct copy of which is attached hereto as Exhibit "B ", and WHEREAS, there are no electors whose signatures are required on said Annexation Petitions residing on the Subject Property; and WHEREAS, Owner proposes that the Subject Property will be annexed with an R -1 Residential District zoning classification under Section VII.B.2 of the Village Zoning Ordinance, with a special use for a golf course and accessory facilities; and WHEREAS, the Village is agreeable to annexing the Subject Property to the Village, and zoning the Subject Property on the terms and conditions herein set forth; and WHEREAS,the annexation and zoning of the Subject Property in accordance with this Agreement will be highly beneficial to the Village, will increase the taxable value of the property within the Village, will extend the corporate limits and jurisdiction of the Village, will permit the orderly growth and planning of the Village, and otherwise promote and enhance the general welfare of the Village; and WHEREAS, pursuant to the provisions of the Illinois Statutes, the corporate authorities of the Village have duly fixed a time for and held a public hearing upon this Agreement, and have given due notice of said hearing, all as provided by said statute; and WHEREAS, the Village and Owner are willing to undertake certain obligations as hereinafter set forth, and have or will have materially changed their positions in reliance upon the undertaking provided herein; and WHEREAS, all notices, publications, public hearings and all other matters attendant to the consideration and approval of the execution of this Agreement and the Petitions for Annexation, hereinabove described have been given, made, held and performed as required by statute and the ordinances, regulations and procedures of the Village; and WHEREAS, the corporate authorities of the Village have duly considered the aforesaid Petitions for Annexation, and have further duly considered the terms and provisions of this Agreement and have agreed to such Annexation, the execution of this Agreement, and the granting of the zoning approval and special use; NOW THEREFORE, in consideration of the premises and mutual covenants and agreements herein contained, the parties hereto agree as follows: Section 1. Preamble Included: It is acknowledged and agreed by all the parties hereto that the preambles hereinabove set forth constitute a material part of, and an inducement to enter into this Agreement and the parties hereby confirm the accuracy, truth and validity of said preambles and hereby incorporate the same herein as though fully set forth at length. Section 2. Execution Authorized: Immediately prior to the execution of this agreement, the Village Council has passed the necessary ordinance or resolution authorizing the execution of this Agreement. Section 3. Annexation: The Owner has filed a Petition for Annexation and the Village will adopt such ordinances and take such other actions as are necessary to annex the Subject Property to the Village on the terms and conditions herein set forth and will take such other actions as are necessary to complete said annexation in conformity with all applicable statutes and regulations. Section 4. Rezoning: Immediately after the execution of this Agreement, the Village will adopt such ordinances and shall take such other actions as are necessary to zone the subject Property R -1 Residential District with golf course as a special use. This Agreement, in its entirety together with the aforesaid Petition for Annexation, shall be null, void and of no force and effect unless the Subject Property is validly zoned by the Village as set forth above. The Subject Property shall be considered as one lot. No subdivision plat or further site plan shall be required of Owner by Village for continued use and improvement of the Subject Property for a golf course along with the accessory uses described herein. Section 5. Ordinance to Remain in Effect: The ordinances passed by the Village as provided herein shall not be changed, modified or amended in any manner whatsoever without the approval of the Owner. Section 6. School, Park and other Public Facility Donations: Impact and Transition Fees: Village agrees that Owner shall have no obligations for donations to schools or parks or for any other public facility donation, impact fee, transition fee or other similar fee or charge arising out of the operation of the Subject Property as a golf course or golf driving range or accessory parking or other accessory or related use in connection therewith. Section 7. Taxes, Special Assessments or Other Special Fees or Charges: The Village agrees not to impose any taxes, fees or charges (including but not limited to deed transfer taxes, special service area fees or taxes, impact fees, transition fees or taxes, infrastructure fees or charges, special assessments or any other special taxing district tax or fee, or any similar such taxes, fees or charges) on the Subject Property that are not already imposed on all properties and residents, businesses and industries equally within the Village; and Village agrees it will not take any action for or on behalf of any other political entity to collect any of the foregoing from Owner. Village agrees the Subject Property as currently used does not generate income and agrees not to impose admissions tax or any other municipal tax on any operations at or on the Subject Property other than real estate taxes and any standard municipal share of sales and use taxes collected by the Illinois Department of Revenue (i.e. the Municipal Retailer's Occupation and Use Taxes). Section 8. Fees: The Village agrees that during the term of this Agreement, the fees required for building permits, plan review, inspection fees (except as modified herein), public utility fees and any other regulatory fee or charges shall not be applied to Subject Property unless equally applicable to all residents, businesses and industries in the Village. Section 9. Water Wells and Septic System: A. Village agrees that Owner may construct, reconstruct, repair and maintain water wells for potable purposes and non - potable purposes such as irrigation and landscape maintenance on any part of the Subject Property. The Village agrees to grant all permits necessary for such wells upon request by Owner. Such wells shall remain the property of the Owner and shall not cross connect with the Village's water system. Village agrees that limitations on the use of water on the Subject Property such as a sprinkler ban, shall not be applicable to Owner's use of water from Owner's water wells. B. Owner shall have the right to continue using the septic system presently on the Subject Property. No connections to Village's sanitary sewer services shall be required. Section 10. Storm Drainage: Owner has constructed at its own expense, a storm drainage system throughout the Subject Property adequate to serve the Subject Property. Owner shall not be required to satisfy any additional Village standards unless the storm drainage on Subject Property is substantially modified. The Village, upon requests from Owner from time to time, shall execute all permit applications required by the Illinois Environmental Protection Agency, the U.S. Army Corps of Engineers and all other environmental or other governmental agencies or authorities having jurisdiction over the Subject Property to enable Owner to construct, operate and maintain said storm drainage system. Section 11. Public Improvements: Owner shall not be required to make or contribute to the Village the cost of any additional improvements to any new or existing roads or highways, or any other public improvement. No sidewalks shall be required. Section 12. Recapture: Village agrees that with respect to Subject Property Owner shall not be required to pay a fee or surcharge in the nature of a recapture fee or charge pursuant to 65 ILCS 5/9 -5 -1 et. seq. or any other provision of law for any improvement so long as the Subject Property is used for golf course, golf driving range and accessory uses. Section 13. Signage: Owner shall be allowed to erect signs which advertise, alone or in combination, the golf course, golf driving range, and any other facilities related to each, golf tournaments, golf outings and other golf - related events on the Subject Property. Section 14. Temporary Facilities: Owner may, without a permit, use temporary facilities on the Subject Property, including tents, shelters, and other temporary facilities generally in use for golf courses and golf driving ranges and their respective accessory uses. Section 15. Liquor: Village understands that alcoholic beverages are served to and in the possession of and consumed by golfers and other customers and guests at Cog Hill and on the golf course pursuant to liquor license granted by the County of Cook. Village agrees that such service, possession and consumption of alcoholic beverages is not a nuisance and may continue without a separate license from Village. Village further agrees that no ordinance it enacts shall prohibit service, possession or consumption of such alcoholic beverages on the Subject Property by anyone permitted by state law to serve, possess or consume alcoholic beverages, and that no more restrictive regulations than those of the County of Cook shall be applicable to service, possession or consumption of alcoholic beverages on the Subject Property. Section 16. Operation and Maintenance: Village restrictions of uses of the Subject Property shall be no more restrictive than those restrictions currently imposed by the County of Cook for the balance of the golf course and golf driving range adjacent to the Subject Property. The Subject Property may be mowed and otherwise maintained at the same time and in the same manner as the balance of the golf course and golf driving range not within the Village. No Village environmental regulations on fertilizers or manner of maintenance shall be more restrictive than currently applicable by state and federal law with respect to the operations and maintenance of the golf course, golf driving range and accessory uses, or which requires a license for such operations or maintenance, or which imposes any requirement not otherwise generally applicable to all properties in the entire Village. Section 17. Forcible Annexation: Village agrees that with respect to forcible annexation of the balance of Cog Hill property (i.e., all real estate owned by Owner) remaining outside of the Village limits, it is the intent of the parties that the Owner be in no worse position in regard to forcible annexation than if this Agreement and the annexation of the Subject Property had not taken place. Section 18. Eminent Domain: Village represents and agrees that it has no intention at the present time of condemning or otherwise taking for any public or private purpose any portion of the Subject Property. Section 19. Oak Tree Subdivision Restricted to Residential Use: The Village agrees that the real estate known as "Oak Tree Subdivision ", legally described on Exhibit "C" attached hereto, which is contiguous to the Subject Property but not otherwise contiguous to the Village, shall be annexed to the Village and shall be zoned exclusively for single - family residential uses, with no special use permits, for at least twenty years following its annexation. The Village further agrees to require in the Oak Tree Subdivision Annexation Agreement that the Owner and Developer of the Oak Tree Subdivision include on the recorded Plat of Oak Tree Subdivision, and on all deeds conveying any lots or other portions of Oak Tree Subdivision, the following restrictions: This real estate shall be used exclusively for single - family residential purposes until at least June 1, 2015. Section 20. Invalid Provisions and Disconnection: If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, or if the Village repudiates or fails to enforce or abide by any provisions of this Agreement, then the Owner shall have the absolute right to petition to disconnect all or any part of the Subject Property, and Village shall approve such disconnection. After such disconnection, the Subject Property which is disconnected shall be treated as if never within the Village. Section 21. Priority of Provisions: With respect to the Subject Property, the provisions of this Annexation Agreement and any ordinances, codes, resolutions or regulations passed or amended in order to fully carry out the terms and provisions hereof shall supersede the provisions of any other ordinances, codes, resolutions or regulations of the Village, which are or may be in conflict with the provisions of this Agreement. Section 22. Entire Agreement and Parties: This Annexation Agreement and the Exhibits attached hereto contain the entire Agreement of the parties hereto relative to the subject matter hereof and may be modified only by a written instrument executed by the party to be charged with said amendment. This Agreement shall be binding upon all parties who are signatory hereto and their date hereof. It is the intent of the parties that the approval of the zoning uses herein granted shall survive the twenty (20) year period of this Annexation Agreement, and the Owner and the Village shall be entitled to rely upon the continued effect of the ordinances approving said zoning use for a golf course, golf driving range and accessory uses. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written. VILLAGE OF LEMONT, an ois municipal corporation President ATTEST: Village Clerk COOK GOLF PROPERTIES, INC., an Illinois Corporation By: Frank Jemsek, President ATTEST: Howard E. Smith, Secretary IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written. VILLAGE OF LEMONT, an Illinois - ni '.al corporation Preside Village Clerk COOK GOLF PROPERTIES, INC., an Illinois Corporatio By: ATTEST: Howard E. Smith, Secretary Frank Jem resident THIS DOCUMENT PREPARED BY: Michael D. Malicki RCR/Oak Tree Associates, Inc. 15750 South Bell Road Suite 2E Lockport, Illinois 60441 708 -301 -1900 708 - 301 -1901 FAX AFTER RECORDING RETURN TO: 418 Main Street Lemont, IL 60439 PERMANENT INDEX NUMBER: 22- 27- 101 -001 (A PORTION THEREOF) 22 -27 -200 -006 (A PORTION THEREOF) 22 -27- 200 -009 (A PORTION THEREOF) 02 -Z? - zoo -©off /1 EXHIBIT A LEGAL DESCRIPTION OF THE COG HILL (SUBJECT) PROPERTY THE SOUTH 350 FEET OF THAT PART OF THE EAST 1/2 OF THE NORTHWEST 1/4 LYING NORTHWESTERLY OF THE CENTERLINE OF ARCHER AVENUE, AND THE SOUTHEASTERLY 350 FEET (AS MEASURED PERPENDICULAR TO THE CENTERLINE OF ARCHER AVENUE) OF THAT PART OF THE EAST 1/2 OF THE NORTHWEST 1/4 AND THE WEST 1/2 OF THE NORTHEAST 1/4 LYING NORTHWESTERLY OF THE CENTERLINE OF ARCHER AVENUE, ALL IN SECTION 27, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF ARCHER AVENUE WITH THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 27; THENCE NORTH, ALONG THE WEST LINE OF SAID NORTHEAST 1/4, 209 FEET, THENCE NORTHEASTERLY, ON A LINE PARALLEL WITH THE CENTERLINE OF ARCHER AVENUE, 209 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING NORTHEASTERLY, ON A LINE PARALLEL WITH THE CENTERLINE OF ARCHER AVENUE, 209 FEET, THENCE SOUTH, PARALLEL WITH THE WEST LINE OF SAID NORTHEAST 1/4, 209 FEET TO THE CENTERLINE OF ARCHER AVENUE, THENCE SOUTHWESTERLY, ALONG THE CENTERLINE OF ARCHER AVENUE, 209 FEET, THENCE NORTH, PARALLEL WITH THE WEST LINE OF SAID NORTHEAST 1/4, 209 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. EXHIBIT B PLAT OF ANNEXATION ,•••4I• • /401#60 r 011itly Amr, /1..4mer lrz. TM) ! • /1/I " ,Ils, S J/f•Are y • Il/1( a/ gimpy") X mow"' a' CNl ) 11000 /r !7f 407/1 // 1X 1 /a,i '( Ae 1040, /01/01 Ar A dff7 /4,l /eu ii, of /VI . /`'LA/ (/I- ANN& AA/ /v /v OF EXHIBIT B lAr JAVA Aar /ffr I/ 1,7/7 /A.17 or Jl1 eisr 1!r A' /7f AW/7Mflr j4 f,$1 .AMI.i'MPJJZ/er I/ 1X1 zeour/urfo /.MCrG A/GYC, Arw /Jr .4/77e#Imr JA 017 7.90 00000 000.0/0/100 f /0 /J!' 000 1.40 I/ /fall 000) d' 170 Allr 4, a,' r, y r 1' 9W/2W4JP 4 4 /71 yflr ,f r 171 /W/71. e A am. Aserom0 f /e7 .M 171 awn," t( 4' 4 11 M V4t', .eft /.7 4'174V /7, /7M/OI1I J14M//7, .I.//lf 1, Gar or 171 010 00eW411 00/010, (Jt1 /P 00 ,all✓ 400./A7 91 /X!0010: 31 W4rJ'9 /1 01 /raerltr.W' .r" 7( 14701//f .' 000 400 nryar earl A'?Jr ,orarsV * 4, l/// R'f77rr 11,• /X.R/ AMIA; Jeri 01 11010 a' .004000* 141/1'1/,. 0frer 000.4000 ?/ / UIt /00- 11 917 0( 147111.✓( 0000 .l01'r4 ', 09R0 10 /7( /ow/ of l(• MMM1/K; 000 00/7404K 40/101.740017',10/1/,0 ,*Cf fe r//7 ye caw. air 4Y Awe( Ar1K1, ar /If!• /AACf.G7l /.NA /111 doll /71'1/4frraiK sar AY1WrA ?lfff/ tine et-ow/A, ..Y,,•roi•vease,• x•re- .Aosaoszlel, 4rI0 ,7l'/1714AP a'.MrA7AI!'.M1 or /Zfr, /ASer•orJl, 00((1 .07, r liar air 0, 3d* e/)F.YV.i A"I/err ,a iX/!7wf 4'040wari, Aft // aw C0401, /0/00 91/7 ere ce Ave Ae2477M(Jr7 ,141/1 ar4 a< r0 A86/17(41f ,i 47 J1C 17.11 -// DY 04 !7.17 •.> j'f/f ! /A'f A //04. 62 111•✓/ Act-AM' L4W7 4,171 MCA:, 4,t4*e7 /If/. 26 114911 0/1 o/ 4140!\✓ 1a/ 41/17 arf Qf 171 0.0 ,4,110 /4 0 /0 17.17 -0 400 /We I/ /1014') /r• 11 404117 // /. ( 171 reAvaJlr 00000 0 ON /7/10/ 04D0/0 1 /4'/71/710 Al /717 04000(0 410 ,y//►' / 410 /7 /7f midst 4' //,1017, /11701, I/ r/1te .4' AONree • 171 2001 Ar/ 17 re /all/ O/ 0000 /7 door r /UAff 01 770 ar ar , T_ . 04J00/- 000' LW a' 171 /arl /1,40 4 o• ler 17,17-0 Ifl /Jla • 407 el, /III. J7A7I /7 /H4W 0) XS 710/7 /1 4X0 ) ,700 d awe ..1 /11/400 .00100.014 Ur• 11111711, la 0(11/7 0;07 17 l7Ar !.x' ,41/1110 ,1.0 .0 Al /(/0107! 001- 04000 /Y• ,7( /21//747 /Kearf/ 41 ire /00GUnor /a /71 7 /341/1 w' 4fARI7, whom 001(1 170 /e"' 47 leAUQh, D. 09S /3!4,01 /40/1/4/ /4 !4V/ JalYefil 4% Zell 1104'111'• (0011/ MO /ffr 01/110 /r. AOrl /71 .0 //a /J/ • eY. o /rfl 47' 115/ EXHIBIT C LEGAL DESCRIPTION OF THE OAK TREE SUBDIVISION THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER (EXCEPTING THEREFROM THE EAST 50.00 FEET) OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTHWESTERLY OF THE CENTER LINE OF ARCHER ROAD, ALSO THE EAST 35.80 LINKS OF THAT PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 27, AFORESAID LYING NORTHWESTERLY OF THE CENTER LINE OF ARCHER ROAD, IN COOK COUNTY, ILLINOIS.