O-913-95 09/25/95956'77254
VILLAGE OF LEMONT
ORDINANCE NO. 47/3
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 2.5 ACRE PARCEL
GENERALLY LOCATED ON THE SOUTH SIDE OF McCARTHY ROAD, BETWEEN
DERBY AND ARCHER ROAD IN LEMONT, ILLINOIS
(Arnold Property)
Ul C 1,46-e o F L E/A dx/T
eff 41,1111 Jiireer
. DEPT-01 RECORDING $47.50
_
. i x7777 IRAN 0562 10/05/95 09:45:00
• 47977 4 EM *--95--67-7254;
• COOS :DUTY R` CORDER
/ ADOPTED BY THE
(e freopi"` i PRESIDENT AND BOARD OF TRUSTEES
J`4 OF THE VILLAGE OF LEMONT
This day o
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, Will and DuPage
Counties, llinois, thisaS day
of li✓n r&U 1995.
1995.
iies of Fps v t
c.n
ORDINANCE NO.
5�3
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 2.5 ACRE PARCEL
GENERALLY LOCATED ON THE SOUTH SIDE OF McCARTHY ROAD, BETWEEN
DERBY AND ARCHER ROAD IN LEMONT, ILLINOIS
(Arnold 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
kfown -- "JOYCE ARNOLD ANNEXATION AGREEMENT" dated theoL5-- day of
AL,7 , 1995, (a copy of which is attached hereto and made
: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. - �p
t,11
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF\J
THE VILLAGE OF LEMONT, COUN IES 0 COOK, DuPAGE, ANDH.WILL,2
ILLINOIS, on this 251-day of , 1995.
AYES NAYS PASSED ABSENT
Barbara Buschman U
Alice Chin
Keith Latz
Connie Markiewicz V
Rick Rimbo V
Ralph Schobert
Approved by me this
Attest:
ChARLENE SMOLLEN, Village Clerk
day o
1995.
ARD A. KWA ESKI, Village President
N, Village Clerk
Mail to:
Village Clerk
Village of Lemont
418 Main Street
Lemont, IL 60439
22 -27- 301 -001;
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this 02,1744day ofSr -, 1995, 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 JOYCE ARNOLD, an individual
(hereinafter referred to as "OWNER ").
WITNESSETH
WHEREAS, OWNER is the owner of record of the real estate (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 has submitted to the VILLAGE a Petition for Annexation; and
WHEREAS, OWNER intends the TERRITORY to develop in accordance with those uses
and special uses as allowed under the B -3 Commercial District category of the VILLAGE Zoning
Ordinance; 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, notice has been given to the appropriate municipal authorities as required by
law to receive such notice; and
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,
1
WHEREAS, pursuant to the provisions of that Statute, the corporate authority of said
VILLAGE has duly fixed a time for and held a hearing upon the Annexation Agreement and has
given notice of said hearing; and,
WHEREAS, said hearings were held pursuant to notice as required by law, and said public
hearings were held prior to the execution of this Agreement; and
WHEREAS, the corporate authority of the VILLAGE has 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 the Agreement.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
hereinafter contained, the parties agree as follows:
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.
2. The Plat of Annexation of said TERRITORY is attached hereto as Exhibit "B ". Said
Plat 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.
2
FI
11
ZONING AND LAND USE RESTRICTIONS: EXCEPTIONS
Upon the Annexation of the TERRITORY to the VILLAGE, the parcel shown on the attached
as Exhibit "B" shall be classified under the existing zoning ordinance as B -3 Commercial District.
The VILLAGE hereby grants the following variations /exceptions to the VILLAGE'S Zoning
and Building Codes and Ordinances:
A. There shall be no requirement for on -site stormwater detention or retention basins
in connection with the development of the TERRITORY; and
B. The yard adjacent to the easterly property line of the TERRITORY shall be
interpreted as a side yard, and require a setback no greater than ten (10) feet.
III
EASEMENTS
The VILLAGE shall cooperate with OWNER, at such time as the TERRITORY develops,
in obtaining and granting all necessary easements in and to VILLAGE owned rights -of -way, and
in acquiring (through exercise of the power of eminent domain, or otherwise) such other rights -of-
way as may be required to enable OWNER to provide potable water and sanitary sewer service
to the TERRITORY.
IV
FEES. BUILDING ORDINANCES, PERMITS AND GENERAL MATTERS
Except as set forth above, the OWNER agrees to comply in all respects with all present and
future applicable provisions of the VILLAGE Building Codes in connection with the construction of
buildings on the TERRITORY.
The OWNER, its successors or assigns, agrees to connect to public water and sanitary
sewer systems at such time as the TERRITORY is developed.
3
t�S6
Except as set forth above, the OWNER further agrees that all present and future ordinances
of the VILLAGE relating to subdivision controls, zoning, official plan and building, housing, and
related restrictions shall apply to the development of the TERRITORY which is the subject of this
Agreement, except as may be modified by the mutual consent of the parties.
V
GENERAL PROVISIONS
A. BUILDING PERMIT: Lemont agrees that within twenty -one (21) days after receipt
of a complete application, it will either issue such building and other permits as may, from time to
time be requested by OWNER, its successors and assigns, or issue a Letter of Denial within said
period of time, informing the OWNER, their successors and assigns, as to the specific deficiencies
in the application for permits, plans or specifications. All of such permit applications, plans and
specifications, shall conform to this Agreement and all applicable ordinances and codes.
B. OCCUPANCY CERTIFICATES: The VILLAGE agrees to issue Certificate of
Occupancy within ten (10) days after the application or issue a Letter of Denial within said period
of time informing OWNER, its successors or assigns, specifically as to what corrections are
necessary as a condition to the issuance of a Certificate of Occupancy, quoting the section of any
code or ordinance relied upon by Lemont in its request for correction.
VI
RIGHT OF WAY DEDICATIONS
Upon annexation of the TERRITORY to the VILLAGE, the OWNER shall make the following
public right of way dedications for future roadway widening:
A. McCarthy Road: Fifty (50) feet from the centerline of McCarthy Road; and
B. Derby Road:
Thirty -three (33) feet from the centerline of Derby Road
(subject to the requirements of the Cook County Highway
Department).
4
VII
RECORDATION
The parties agree to do all things necessary to cause a Memorandum of this Agreement
to be recorded in the Office of the Recorder of Deeds, Cook County, Illinois. Said Memorandum
shall be executed contemporaneously with this Agreement and recorded within ten (10) days of
execution. Should any title insurance company issuing commitments for title insurance raise this
Memorandum as an objection to title, the VILLAGE shall, if the OWNER, its successors and
assigns have complied in all respects with the terms of this Agreement exercise its best efforts to
secure the waiving of this Memorandum as a title objection.
VIII
MISCELLANEOUS PROVISIONS
A. NOTICES: All notices hereunder shall be in writing and must be served either
personally or by registered or certified mail to:
1. VILLAGE AT:
Village of Lemont
418 Main Street
Lemont, IL 60439
2. OWNER AT:
Joyce Arnold
1265 McCarthy Road
Lemont, IL 60439
3. To such other person or place which any party hereto, by its prior written
notice, shall designate for notice to it from the other parties hereto.
B. BINDING EFFECT, TERM AND AMENDMENT: This Annexation Agreement shall
be binding upon and inure to the benefit of the parties hereto, successor owners of record of the
Subject Realty, their assigns, lessees and upon any successor municipal authority of the VILLAGE
and successor municipalities, for a period of twenty (20) years from the date set forth in the first
paragraph of this Agreement.
This Agreement may be amended from time to time with the consent of the parties hereto,
pursuant to statue in such case made and provided.
5
C. SEVERABILITY: This Agreement is entered into pursuant to the provisions of
Chapter 24, Section 11 -15.1 et seq., Illinois Revised Statutes. 1989, as amended. The corporate
authorities of the VILLAGE have heretofore conducted a public hearing upon this Agreement. In
the event any part or portion of this Agreement, or any provision, clause, wording, or designation
contained within this Agreement is held to be invalid by any Court of competent jurisdiction, such
part, portion, provision, clause, wording or designation shall be deemed to be excised from this
Agreement and the invalidity thereof shall not affect the remaining portions thereof.
D. ENFORCEABILITY: This Agreement shall be enforceable in any court of competent
jurisdiction by any of the parties hereto by any appropriate action at law or in equity including an
action for specific performance to secure the performance of the covenants contained herein.
E. SURVIVAL OF REPRESENTATIONS: Each of the parties hereto, for themselves,
their successors, assigns, heirs, devisees and personal representatives, agrees that the warranties
and recitals set forth in the preamble to this Annexation Agreement are material to this Agreement,
and the parties hereby confirm and admit their truth and validity and hereby incorporate such
representations, warranties and recitals into this Agreement and the same shall continue during
the term of this Agreement.
F. RULES OF CONSTRUCTION: Unless the provisions of this Agreement otherwise
require, words imparting the masculine gender shall include the feminine; words imparting the
singular number shall include the plural, and words imparting the plural shall include the singular.
G. CAPTIONS AND PARAGRAPH HEADINGS: The captions and paragraph headings
incorporated herein are for the convenience only and are not part of this Agreement.
H. CONFLICT IN REGULATIONS:
1. The provisions of this Agreement shall supersede the provisions of any
ordinance, codes, policies or regulations of the VILLAGE which may be in
conflict with the provisions of this Agreement.
2. Pursuant to the requirements of statute, the corporate authorities of the
VILLAGE shall adopt such ordinances as may be necessary to put into
effect the terms and provisions of this Agreement.
6
I. CHANGES IN REGULATIONS: It is understood and agreed, except as otherwise
provided for herein, the Zoning, Subdivision Control, Planned Unit Development, Building Code and
all other ordinances including all fees and charges of the VILLAGE, shall not be frozen during the
term of this Agreement, and such ordinances, as the same may from time to time be amended and
enforced throughout the VILLAGE, shall apply to the Subject Realty. Notwithstanding the
foregoing, it is expressly understood and agreed by the parties that during the term of this
Agreement, no use permitted under the B -3 Commercial Zoning District at the time of the execution
of the Agreement shall be denied to the OWNER, its successors or assigns, unless the zoning
classification of the TERRITORY is amended by the petition of the OWNER, its successors or
assigns, or unless the VILLAGE shall comprehensively amend its Zoning Ordinance. In the case
of a comprehensive amendment to the VILLAGE's Zoning Ordinance, the TERRITORY shall be
designated the zoning district most comparable to the B -3 Commercial Zoning District.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
7
VILLA
COR
By
L MONT AND THE
ORI THEREOF
T
OWNER:
EXHIBIT A
LEGAL DESCRIPTION
LOT 18 (EXCEPT THE SOUTHEASTERLY 50 FEET AS MEASURED AT RIGHT ANGLES FROM
THE CENTER OF ARCHER AVENUE) AND (EXCEPT THE NORTHEASTERLY 1.62 ACRES
THEREOF) MEASURED SO AS TO GIVE EQUAL DISTANCE ALONG THE NORTH AND
SOUTHEASTERLY LINE OF SAID LOT 18 IN COUNTY CLERK'S DIVISION OF SECTION 27,
TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK
COUNTY, ILLINOIS.
PIN: 22 -27- 301 -001
8
EXHIBIT B
PLAT OF ANNEXATION
9
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THIS DOCUMENT PREPARED BY:
Michael D. Malicki
RCR/Oak Trree Associates, Inc.
15750 South Bell Road
Suite 2E
Lockport, Illinois 60441
708 - 301 -1900
708 - 301 -1901 FAX
AFTER RECORDING RETURN TO:
VILLAGE OF LEMONT
418 Main Street
Lemont, IL 60430
PERMANENT INDEX NUMBER:
22- 27- 301 -001
VILLAGE OF LEMONT
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 2.5 ACRE PARCEL
GENERALLY LOCATED ON THE SOUTH SIDE OF McCARTHY ROAD, BETWEEN
DERBY AND ARCHER ROAD IN LEMONT, ILLINOIS
(Arnold Property)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This 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 , inois, thiso2 day
of 1995.
1995.
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 2.5 ACRE PARCEL
GENERALLY LOCATED ON THE SOUTH SIDE OF McCARTHY ROAD, BETWEEN
DERBY AND ARCHER ROAD IN LEMONT, ILLINOIS
(Arnold 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 "JOYCE ARNOLD ANNEXATION AGREEMENT" dated the a5 day of
/41,/ , , 1995, (a copy of which is attached hereto and made
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, COUN IES OF COOK, DuPAGE, AND ;WILL,
ILLINOIS, on this ,a5—day of 1995.
AYES NAYS PASSED ABSENT
Barbara Buschman
Alice Chin
Keith Latz vl
Connie Markiewicz V/
Rick Rimbo
Ralph Schobert vf
CHARLENE SMOLLEN, Village Clerk
Approved by me this6 2 ay
Attest:
CHARLENE SMOLLEN, Village Clerk
Mail to:
Village Clerk
Village of Lemont
418 Main Street
Lemont, IL 60439
22 -27- 301 -001;
A. KWASNESKI, Village President
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this day of 1995, 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 JOYCE ARNOLD, an individual
(hereinafter referred to as "OWNER ").
WITNESSETH
WHEREAS, OWNER is the owner of record of the real estate (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 has submitted to the VILLAGE a Petition for Annexation; and
WHEREAS, OWNER intends the TERRITORY to develop in accordance with those uses
and special uses as allowed under the B -3 Commercial District category of the VILLAGE Zoning
Ordinance; 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, notice has been given to the appropriate municipal authorities as required by
law to receive such notice; and
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,
1
WHEREAS, pursuant to the provisions of that Statute, the corporate authority of said
VILLAGE has duly fixed a time for and held a hearing upon the Annexation Agreement and has
given notice of said hearing; and,
WHEREAS, said hearings were held pursuant to notice as required by law, and said public
hearings were held prior to the execution of this Agreement; and
WHEREAS, the corporate authority of the VILLAGE has 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 the Agreement.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
hereinafter contained, the parties agree as follows:
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.
2. The Plat of Annexation of said TERRITORY is attached hereto as Exhibit "B ". Said
Plat 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.
2
I I
ZONING AND LAND USE RESTRICTIONS: EXCEPTIONS
Upon the Annexation of the TERRITORY to the VILLAGE, the parcel shown on the attached
as Exhibit "B" shall be classified under the existing zoning ordinance as B -3 Commercial District.
The VILLAGE hereby grants the following variations /exceptions to the VILLAGE'S Zoning
and Building Codes and Ordinances:
A. There shall be no requirement for on -site stormwater detention or retention basins
in connection with the development of the TERRITORY; and
B. The yard adjacent to the easterly property line of the TERRITORY shall be
interpreted as a side yard, and require a setback no greater than ten (10) feet.
III
EASEMENTS
The VILLAGE shall cooperate with OWNER, at such time as the TERRITORY develops,
in obtaining and granting all necessary easements in and to VILLAGE owned rights -of -way, and
in acquiring (through exercise of the power of eminent domain, or otherwise) such other rights -of-
way as may be required to enable OWNER to provide potable water and sanitary sewer service
to the TERRITORY.
IV
FEES. BUILDING ORDINANCES, PERMITS AND GENERAL MATTERS
Except as set forth above, the OWNER agrees to comply in all respects with all present and
future applicable provisions of the VILLAGE Building Codes in connection with the construction of
buildings on the TERRITORY.
The OWNER, its successors or assigns, agrees to connect to public water and sanitary
sewer systems at such time as the TERRITORY is developed.
3
Except as set forth above, the OWNER further agrees that all present and future ordinances
of the VILLAGE relating to subdivision controls, zoning, official plan and building, housing, and
related restrictions shall apply to the development of the TERRITORY which is the subject of this
Agreement, except as may be modified by the mutual consent of the parties.
V
GENERAL PROVISIONS
A. BUILDING PERMIT: Lemont agrees that within twenty -one (21) days after receipt
of a complete application, it will either issue such building and other permits as may, from time to
time be requested by OWNER, its successors and assigns, or issue a Letter of Denial within said
period of time, informing the OWNER, their successors and assigns, as to the specific deficiencies
in the application for permits, plans or specifications. All of such permit applications, plans and
specifications, shall conform to this Agreement and all applicable ordinances and codes.
B. OCCUPANCY CERTIFICATES: The VILLAGE agrees to issue Certificate of
Occupancy within ten (10) days after the application or issue a Letter of Denial within said period
of time informing OWNER, its successors or assigns, specifically as to what corrections are
necessary as a condition to the issuance of a Certificate of Occupancy, quoting the section of any
code or ordinance relied upon by Lemont in its request for correction.
VI
RIGHT OF WAY DEDICATIONS
Upon annexation of the TERRITORY to the VILLAGE, the OWNER shall make the following
public right of way dedications for future roadway widening:
A. McCarthy Road: Fifty (50) feet from the centerline of McCarthy Road; and
B. Derby Road:
Thirty -three (33) feet from the centerline of Derby Road
(subject to the requirements of the Cook County Highway
Department).
4
VII
RECORDATION
The parties agree to do all things necessary to cause a Memorandum of this Agreement
to be recorded in the Office of the Recorder of Deeds, Cook County, Illinois. Said Memorandum
shall be executed contemporaneously with this Agreement and recorded within ten (10) days of
execution. Should any title insurance company issuing commitments for title insurance raise this
Memorandum as an objection to title, the VILLAGE shall, if the OWNER, its successors and
assigns have complied in all respects with the terms of this Agreement exercise its best efforts to
secure the waiving of this Memorandum as a title objection.
VIII
MISCELLANEOUS PROVISIONS
A. NOTICES: All notices hereunder shall be in writing and must be served either
personally or by registered or certified mail to:
1. VILLAGE AT:
Village of Lemont
418 Main Street
Lemont, IL 60439
2. OWNER AT:
Joyce Arnold
1265 McCarthy Road
Lemont, IL 60439
3. To such other person or place which any party hereto, by its prior written
notice, shall designate for notice to it from the other parties hereto.
B. BINDING EFFECT, TERM AND AMENDMENT: This Annexation Agreement shall
be binding upon and inure to the benefit of the parties hereto, successor owners of record of the
Subject Realty, their assigns, lessees and upon any successor municipal authority of the VILLAGE
and successor municipalities, for a period of twenty (20) years from the date set forth in the first
paragraph of this Agreement.
This Agreement may be amended from time to time with the consent of the parties hereto,
pursuant to statue in such case made and provided.
5
C. SEVERABILITY: This Agreement is entered into pursuant to the provisions of
Chapter 24, Section 11 -15.1 et seq., Illinois Revised Statutes, 1989, as amended. The corporate
authorities of the VILLAGE have heretofore conducted a public hearing upon this Agreement. In
the event any part or portion of this Agreement, or any provision, clause, wording, or designation
contained within this Agreement is held to be invalid by any Court of competent jurisdiction, such
part, portion, provision, clause, wording or designation shall be deemed to be excised from this
Agreement and the invalidity thereof shall not affect the remaining portions thereof.
D. ENFORCEABILITY: This Agreement shall be enforceable in any court of competent
jurisdiction by any of the parties hereto by any appropriate action at law or in equity including an
action for specific performance to secure the performance of the covenants contained herein.
E. SURVIVAL OF REPRESENTATIONS: Each of -the parties hereto, for themselves,
their successors, assigns, heirs, devisees and personal representatives, agrees that the warranties
and recitals set forth in the preamble to this Annexation Agreement are material to this Agreement,
and the parties hereby confirm and admit their truth and validity and hereby incorporate such
representations, warranties and recitals into this Agreement and the same shall continue during
the term of this Agreement.
F. RULES OF CONSTRUCTION: Unless the provisions of this Agreement otherwise
require, words imparting the masculine gender shall include the feminine; words imparting the
singular number shall include the plural, and words imparting the plural shall include the singular.
G. CAPTIONS AND PARAGRAPH HEADINGS: The captions and paragraph headings
incorporated herein are for the convenience only and are not part of this Agreement.
H. CONFLICT IN REGULATIONS:
1. The provisions of this Agreement shall supersede the provisions of any
ordinance, codes, policies or regulations of the VILLAGE which may be in
conflict with the provisions of this Agreement.
2. Pursuant to the requirements of statute, the corporate authorities of the
VILLAGE shall adopt such ordinances as may be necessary to put into
effect the terms and provisions of this Agreement.
6
I. CHANGES IN REGULATIONS: It is understood and agreed, except as otherwise
provided for herein, the Zoning, Subdivision Control, Planned Unit Development, Building Code and
all other ordinances including all fees and charges of the VILLAGE, shall not be frozen during the
term of this Agreement, and such ordinances, as the same may from time to time be amended and
enforced throughout the VILLAGE, shall apply to the Subject Realty. Notwithstanding the
foregoing, it is expressly understood and agreed by the parties that during the term of this
Agreement, no use permitted under the B -3 Commercial Zoning District at the time of the execution
of the Agreement shall be denied to the OWNER, its successors or assigns, unless the zoning
classification of the TERRITORY is amended by the petition of the OWNER, its successors or
assigns, or unless the VILLAGE shall comprehensively amend its Zoning Ordinance. In the case
of a comprehensive amendment to the VILLAGE's Zoning Ordinance, the TERRITORY shall be
designated the zoning district most comparable to the B -3 Commercial Zoning District.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
VILLAGE CLERK
7
VI LAC E OF LEMONT AND THE
AUTH RITY THER OF
PRESIDEN
OWNER:
JOYCE ARNOLD
EXHIBIT A
LEGAL DESCRIPTION
LOT 18 (EXCEPT THE SOUTHEASTERLY 50 FEET AS MEASURED AT RIGHT ANGLES FROM
THE CENTER OF ARCHER AVENUE) AND (EXCEPT THE NORTHEASTERLY 1.62 ACRES
THEREOF) MEASURED SO AS TO GIVE EQUAL DISTANCE ALONG THE NORTH AND
SOUTHEASTERLY LINE OF SAID LOT 18 IN COUNTY CLERK'S DIVISION OF SECTION 27,
TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK
COUNTY, ILLINOIS.
PIN: 22 -27- 301 -001
8
EXHIBIT B
PLAT OF ANNEXATION
9
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