O-744-92 07/13/92w
ITEM VI.B.4
VILLAGE OF LEMONT
ORDINANCE NO. !g'If
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 42 ACRE PARCEL LOCATED
NORTH OF BLUFF OAKS SUBDIVISION AND SOUTH OF DAVEY ROAD
FOR A PLANNED DEVELOPMENT WITH SINGLE- FAMILY
RESIDENTIAL USE TO BE
KNOWN AS OAK RIDGE ESTATES
This
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
day of
w
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, Will and DuPage
Cou s, llinois, this 23 day
of� 1992.
, 1992.
SHIRLEY R. KUSTR
WILL COUNTY RECORDER
I" 1111 III
11
11
R92 0058515
11
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L.
ORDINANCE NO. 7 i-/z(
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 42 ACRE PARCEL LOCATED
NORTH OF BLUFF OAKS SUBDIVISION AND SOUTH OF DAVEY ROAD
FOR A PLANNED DEVELOPMENT WITH SINGLE - FAMILY
RESIDENTIAL USE TO BE
KNOWN AS OAK RIDGE ESTATES
WHEREAS, the Annexation Agreement has been drafted, a copy of
which is attached hereto and included herein; and
WHEREAS, the developers and the legal owners of record of the
territory which is the subject of said agreement are ready, willing
and able to enter into said agreement and perform the obligations
as required therein; 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 "0 RI GE ESTATES ANNEXATION AGREEMENT" dated the
day of , 1992, (a copy of which is attached
hereto and ma e art hereof).
SECTION 2:
effect from and
pamphlet form as
AAOARDG
That this ordinance shall be in full force and
after its passage, approval, and publication in
provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE,
ILLINOIS, on this / 3 day of
Richard A. Kwasneski
Kenneth S. Bromberek
Barbara Buschman
William Margalus
Ralph Schobert
Bert Ercoli
, 1992.
AYES NAYS PASSED ABSENT
CHARLENE SMOLLEN, Village Clerk
Approved by me this /3 day of
1992.
0 ' ZLEY, V.
CHARLENE SMOLLEN, Village Clerk
✓Yl /� / (- T
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resident
June 30, 1992
ANNEXATION AGREEMENT
5E5'5
This Agreement, made and entered into this day of , 1992, by
and between the VILLAGE OF LEMONT, an Illinois mu cipal orporation (hereinafter
referred to as "Lemont ") and Chicago Title and Trust Company as Trustee under Trust
Agreements:
C.T.& T. Tr. No.
1089320 u.t.a. dated 8/1/86
1093573 u.t.a. dated 6/26/89
1089321 u.t.a. dated 8/02/86
1089322 u.t.a. dated 8/03/86
1089122 u.t.a. dated 9/15/86
1089323 u.t.a. dated 9/16/86
(hereinafter collectively referred to as "Owners ") and Robert E. Mars (hereinafter referred
to as "Developer ").
WITNESSETH:
PREAMBLE
WHEREAS, Owners hold legal and equitable title to the property legally described on
Exhibit "ONE" attached hereto and by this reference incorporated herein (hereinafter
sometimes referred to as the "Subject Realty" or "Subject Property"); and,
WHEREAS, the Subject Realty consists of approximately 42 acres, is presently situated
within the unincorporated areas of the County of Will and is adjacent and contiguous to the
corporate boundaries of Lemont pursuant to the provisions of the Illinois Revised Statues,
Chapter 24, Section 7 -1 -8, (1989) Subject Realty; and,
WHEREAS, without regard to the existence of contiguity, the execution of this Annexation
Agreement by the corporate authorities of Lemont is authorized by Chapter 24, Section
11- 15.1 -1 Illinois Revised Statutes, 1989, as amended; and,
WHEREAS, the Subject Realty is presently improved with two single family homes; and,
WHEREAS, four electors reside within the Subject Realty; and,
WHEREAS, the Owners /Developer are desirous of annexing the Subject Realty to Lemont
pursuant to the terms and conditions hereinafter set forth; and,
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WHEREAS, a Petition for Annexation has been filed with Lemont pursuant to Chapter 24,
Section 7 -1 -8, Illinois Revised Statutes, 1989, as amended; said Petition covers the Subject
Realty, which Petition is conditioned upon the execution of this Agreement.
WHEREAS, the annexation of the Subject Realty shall extend the corporate limits of
Lemont to the far side of each adjacent highway not heretofore annexed to any other
municipality; and
WHEREAS, it is the desire of the parties to enter into an Agreement with respect to the
annexation of the Subject Realty and various other matters pursuant to Chapter 24, Section
11- 15.1 -8 et seq., Illinois Revised Statutes, 1989 as amended; and,
WHEREAS, all public hearings, as required by law, have been held by the corporate
authorities of Lemont, upon the matters covered by this Agreement; and,
WHEREAS, notice has heretofore been served on the Board of Town Trustees of DuPage
Township, including the Township Commissioner of Highways, the Trustee of the
Fountaindale Public Library District, and the Trustees of the Lemont Fire Protection
District, pursuant to the provisions of Chapter 24, Section 7 -1 -1 of the Illinois Revised
Statutes, 1989, as amended;
WHEREAS, the corporate authorities of Lemont, after due and careful consideration, have
concluded that the annexation and development of the Subject Realty, upon the terms and
conditions hereinafter set forth, would further the growth of Lemont and enable Lemont to
control the development of the area and serve the best interests of Lemont; and,
WHEREAS, by a favorable vote of at least two -thirds (2/3) of the Corporate Authorities
of Lemont then holding office, an Ordinance has heretofore been adopted authorizing the
execution of this Agreement.
NOW, THEREFORE, in consideration of the foregoing premises and in further
consideration of the mutual covenants, conditions and agreements herein contained, the
parties hereto agree as follows:
ARTICLE I
AUTHORITY
Both parties shall fully cooperate in carrying out the terms of this Annexation Agreement.
Both Parties represent that they have full authority to enter into this Annexation Agreement
pursuant to Law.
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ARTICLE II
NECESSARY STEPS
The Plat of Annexation for the Subject Realty is attached as Exhibit Six (6) and extends the
new boundaries of Lemont to the far side of any adjacent highway and includes all of every
highway within the Subject Realty so annexed. Subject to the provisions of Chapter 24,
Section 7 -1 -8, Illinois Revised Statutes, 1989, as amended, the parties respectively agree to
do all things necessary or appropriate to cause the Subject Realty to be duly and validly
annexed to Lemont simultaneous with the execution of this Agreement.
ARTICLE III
ZONING
The parties respectively agree that immediately upon the passage of the Ordinance annexing
the Subject Realty, Lemont shall, without further hearing, adopt an amendment to its
Zoning Ordinance and Map, zoning and classifying the Subject Realty as R -3, together with
a Special Use for Planned Development. The Subject Realty consists of approximately
forty-two (42) acres and will contain a maximum of twenty-eight (28) lots with a single
family home on each lot. A copy of the Preliminary Plat for the Planned Development is
attached hereto and made part hereof as Exhibit Two (2). The Preliminary Plat includes
a page Site Plan dated and design criteria dated and prepared by Lindley
& Sons. The Preliminary Plat has been approved by Lemont.
The parties acknowledge that the State of Illinois has undertaken preliminary studies to
ascertain if a portion of the Subject Realty may be acquired for right -of -way purposes. If
the State of Illinois, through its Department of Transportation or any other governmental
body, has purchased or filed a condemnation lawsuit for a portion of the Subject Realty
within sixty (60) days from the date of the execution of this Agreement, or before Lemont's
approval of the private improvements referenced in Article VIII (D), then the parties agree
to do the following:
(1) Lemont, without further hearing, unless required by State law or ordinance,
will approve a revised Preliminary Plat or Final Plat, if the Final Plat has
been accepted, depicting the acquisition by the State of Illinois, or other
governmental body, and depicting the remainder of the Subject Realty laid
out to accommodate one -acre lots in accordance wiih all applicable zoning
ordinances and statutes;
(2) Lemont will permit changes and all necessary variations in lots sizes and
configurations, as well as in bulk requirements, necessary to develop the
remainder of the Subject Realty with one -acre lots with a total density equal
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(3)
to the .67 dwelling units per acre approved by Lemont in the original
Preliminary Plat;
Lemont will permit all necessary changes to reduce the required acre feet of
storm water storage for the Subject Site as recommended by Owners'
Engineer and approved by the Village Engineer; and
(4) Lemont will expeditiously and without delay take all steps necessary to allow
the Owners to develop the remainder of the Subject Realty.
ARTICLE IV
RELIEF FROM ZONING. SUBDIVISION AND OTHER ORDINANCES
The specific variations and exceptions from Lemont's ordinances, rules, and codes as set
forth in Exhibit Three (3) attached hereto and made part hereof have been requested,
approved and are permitted with respect to the development, construction, and use of the
Subject Realty.
ARTICLE V
ORDINANCE AMENDMENTS
During the first ten (10) years following the execution of this Agreement, Lemont shall not
apply any amendments to the provisions of Lemont's Zoning Ordinance, storm water, waste
water or drainages ordinances or regulations or Subdivision Regulations, so as to make any
of their ordinances or regulations more restrictive than at the date of this Agreement,
insofar as the same pertain to the development of the Subject Realty, without the prior
written consent of the Owners.
ARTICLE VI
ENGINEERING PLANS
The Owners, their successors and assigns, shall cause any improvements upon the Subject
Realty to be constructed pursuant to Final Engineering Plans and Specifications prepared
by a registered professional engineer, which must be reviewed and approved by Lemont and
it's Engineer. Final Engineering Plans and Specifications may be modified to resolve
engineering layout and design problems; provided, however, that each such modification
shall receive the written approval of Lemont's Engineer. All Final Engineering Plans and
Specifications shall comply, where applicable with all ordinances, codes and standards in
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effect at the time of application for engineering approval, with the exception of those
ordinances in which variations are granted pursuant to Article IV of this Agreement.
Nothing herein contained shall prevent the Owners from developing Subject Realty in
accordance with the Preliminary Plat or Final Plat of Subdivision and Final Engineering
Plans heretofore outlined.
The basic engineering design for the storm sewer service and the storm water
retention /detention, as well as the streets and sidewalks within and upon the Subject Realty,
shall be substantially as provided in the Preliminary Plat for the Subject Realty, which plans
are referenced in and made a part of this Agreement under Exhibit Two. When the Owner
has completed a Final Plat and all required final engineering data for any phase of
development of the Subject Realty, Owner shall submit such plat for review to Lemont's
Engineer. After the Owner has received the approval of Lemont's Engineer, which approval
shall not be unreasonably withheld or delayed, Owner may submit such plat to Lemont's
Plan Commission. As promptly as possible after submission by Owner to Lemont's Plan
Commission, Lemont's Plan Commission shall reach a decision as to the substantial
conformity of the plat and engineering plans and specifications with the Preliminary Plat and
with the terms of this Agreement. If said plans, specifications and plat are determined to
be in such substantial conformance with the Preliminary Plat, Lemont's Plan Commission
shall approve them as promptly as possible and recommend their final approval to Lemont's
Village Council. If any of the aforesaid are not in substantial conformance with the
Preliminary Plat or this Agreement, Lemont's Plan Commission shall specify, in writing, such
known deficiencies and promptly approve same upon correction of the specified deficiencies.
Lemont's Plan Commission shall endeavor to report all deficiencies in writing at a single
time. Upon completion of Lemont's Plan Commission proceedings as herein provided,
Lemont's Village Council shall review the recommendations of Lemont's Plan Commission
and shall approve (or disapprove if substantial conformity is not found and Owner has not
corrected specified deficiencies) such Final Plat and Final Engineering Plans as promptly
as possible thereafter.
ARTICLE VII
SPECIFIC ON -SITE /OFF - SI'Z'E PRIVATE IMPROVEMENTS
Lots shall be permitted to use private wells and septic or individual mechanical sewerage
plants. The Owner /Developer agrees that the individual sewage disposal system shall be
installed in accordance with the State of Illinois and Will County Health Department
regulations.
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ARTICLE VIII
OTHER IMPROVEMENTS
A. GOVERNMENT APPROVAL: Lemont agrees to use its best efforts to aid and
assist Owners in obtaining such permits or licenses as may be required from time to
time under any and all State and Federal laws and regulations, including without
limitation, the Illinois Environmental Protection Act and Township of DuPage, for
the purpose of permitting development of the Subject Realty.
B. LEI ER OF CREDIT: In lieu of any performance or other bond required by the
Code of Ordinances, Owners may submit a Letter of Credit, or Impound Account,
issued by a sound financial institution, containing such terms and provisions as may
be acceptable to Lemont. The following private improvements will require a letter
of credit for their completion: (1) streets and curbs; (2) storm sewer system; (3)
storm water retention basin; (4) street lights; and (5) parkways.
Such security shall be in a principal amount of one hundred twenty-five percent
(125 %) of the Owner /Developer's Engineer's estimate of costs of all the above -
referenced private improvements to be constructed upon the Subject Realty under
the terms of this Agreement or any code, standard or specification incorporated
herein. Said Owner's estimate shall be approved by Lemont's Engineer.
Each letter of credit shall be effective for not less than twenty-four (24) months from
the date of issuance and Owner /Developer may substitute for, renew, or extend the
same from time to time, until the private improvements secured by the letter of
credit are completed. So long as the Owner /Developer maintains such letter(s) of
credit in force and effect for such private improvements from time to time
uncompleted, and the Owner /Developer is making reasonable efforts to initiate or
complete said private improvements given the then existing market conditions
impacting the development affected, Lemont shall not call upon such letter(s) of
credit. Each irrevocable letter of credit deposited with Lemont pursuant to this
Agreement shall be released in stages for each phase of said development as
provided herein.
C. MINOR CHANGES IN DEVELOPMENT: Minor variations or deviations from the
Preliminary Plat may be incorporated into the final plat and final engineering plans
for a development in order to solve engineering layout and design problems and
other problems not reasonably foreseen at this time, including street and lot changes,
as long as the lots conform to applicable provisions of Lemont's Zoning Ordinance
and this Agreement. Lemont shall enact such resolutions and ordinances as may be
necessary to accommodate such changes in order to comply with the spirit and intent
of this Agreement.
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D. PROEDURE FOR APPROVAL OF PRIVATE IMPROVEMENTS: Upon
completion of any private improvement as referenced in Article VIII (B), and
further, upon the submission to Lemont of a certificate from the engineering firm
employed by the Owners stating that the said private improvement, or portions or
segments thereof, have been completed in conformance with this Agreement,
Lemont's Engineer shall, within twenty (20) days after Lemont received the aforesaid
certifications from the Owner's engineer, either: (i) approve said improvement, or
any part of component thereof, and recommend approval to Lemont's Board, or (ii)
designate in writing to Owners or their agents all alterations which shall be required
to obtain final approval of said private improvement, specifically citing the section
of the appropriate ordinance or rule, regulation or standard incorporated in the Code
of Ordinances or this Agreement relied upon by said Engineer. After said alterations
have been completed, Lemont shall approve said improvements.
Upon recommendation by Lemont's Village Engineer, or after changes in said private
improvements by Owners, as set forth in the written notice by Lemont's Engineer,
Lemont shall either approve said private improvements or set forth in writing
wherein said improvements or any part or component thereof do not comply with any
Section of this Agreement or any other appropriate Lemont ordinance or code.
After approval of any part, component or all of the private improvements by Lemont,
the amount retained under the terms of the letter(s) of credit for said private
improvements shall be released to Owners, providing that the amount retained under
the letter of credit shall, at all times prior to completion of the remaining private
improvements, be one hundred twenty -five (125%) percent of the Owners' Engineer's
estimation of the cost of completion of the remaining private improvements as
referenced in Article VIII (13) of this Agreement as approved by the Lemont Village
Engineer. Upon completion and approval by Lemont of the storm water detention
area, the Owners/Developer agrees to execute a "hold harmless" agreement for the
detention area.
ARTICLE IX
FEES
A. ENGINEERING FEES: Owners shall be obligated to reimburse Lemont for
engineering review fees incurred by Lemont in relation to the Annexation, Rezoning
or Subdivision approval of Subject Realty and inspections of the Subject Realty by
the Engineer.
B. ANNEXATION FEES: Owners shall be obligated to pay annexation fees to Lemont
in an amount not to exceed $250.00 per lot. Owners shall pay this fee upon approval
of the Final Plat of Subdivision.
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C. LEGAL FEES: Owners shall be obligated to reimburse Lemont for legal fees
incurred by Lemont in relation to the Annexation, Rezoning or Subdivision of the
Subject Realty.
D. BUILDERS PERMIT FEES: The building permit fee applicable to all construction
on the Subject Realty shall be those charged by Lemont pursuant to Ordinance, as
the same may be modified from time to time.
E. PARK, LIBRARY AND SCHOOL FEES (LAND /CASH CONTRIBUTIONS): No
park, library or school fees of any kind are to be applied to or collected for the
Subject Realty.
F. NO IMPROVEMENTS TO DAVEY ROAD: Lemont agrees that it will not require
Owner /Developer to make any improvements to Davey Road or collect any fees for
improvement to Davey Road.
ARTICLE X
DAVEY ROAD RIGHT -OF WAY
Owner shall create a fifty (50) foot wide outlot from the center line of Davey Road south.
This outlot is depicted on the Preliminary Plat and referenced as outlot B. The
Owners /Developer agrees to convey the outlot if directed by the Village of Lemont.
ARTICLE XI
NOTICE OF VIOLATIONS
Lemont will issue no stop orders directing work stoppage on building or parts of the project
without giving the Owners /Developer three (3) day notice of the Section of the Code
allegedly violated by Owners /Developer so the Owners /Developer may forthwith proceed
to correct such violations as may exist. This paragraph shall not restrain the Building
Official from issuing a stop work order in any case where he considers a continuation of the
work to constitute a threat to the health or safety of the public or personnel employees on
or near the site.
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ARTICLE XII
LEMONT'S WARRANTY AS TO INVALIDITY
Should Lemont's actions in annexing or zoning the Subject Realty, or any portion thereof,
be challenged in any Court or before any administrative agency, the parties agree to jointly
cooperate and defend the annexation and /or zoning against such challenge. To the extent
permitted by law, Lemont agrees that such a challenge shall not operate to delay or
postpone the development of the Subject Realty as herein contemplated. If, for any reason,
the annexation of the Subject Realty or the zoning of the Subject Realty is ruled invalid, in
whole or in part, the Corporate Authorities shall expeditiously take such actions (including
the giving of such notices, the holding of such public hearings and the adoption of such
ordinances and resolutions) as may be necessary to give effect to the spirit of this
Agreement and the intentions of the parties as reflected by the terms of this Agreement,
provided the foregoing shall be undertaken at the Owner's expense.
ARTICLE XIII
GENERAL PROVISIONS
A. BUILDING PERMIT: Lemont agrees to issue Building Permits within fifteen (15)
days after the application or issue a Letter of Denial within said period of time
informing the Owners, their successors or assigns, specifically as to what corrections
are necessary as a condition to the issuance of a Building Permit, quoting the section
of any code or ordinance relied upon by Lemont in its request for correction. After
said correction is completed by the Owner, their successors or assigns, Lemont shall
issue the Building Permit within fifteen (15) days.
B. OCCUPANCY CERTIFICATES: Lemont agrees to issue Certificates of Occupancy
within fifteen (15) days after the application or issue a Letter of Denial within said
period of time informing Owners, their 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. After said correction is completed by the Owner, their successors or
assigns, Lemont shall issue the Occupancy Permit within fifteen (15) days.
ARTICLE XIV -
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, Will County, Illinois. Said
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/09,-
memorandum shall be executed contemporaneously with this Agreement and recorded
within ten (10) days of execution.
ARTICLE XV
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
c/o The Village Clerk
418 Main Street
Lemont, Illinois 60439
2. Owners at: Robert E. Mars
c/o Morris Consultants
P.O. Box 326
Hinsdale, Illinois 60522 -0326
3. With Copy to: Tracy D. Kasson
Rathje, Woodward, Dyer & Burt
203 E. Liberty Drive
P.O. Box 786
Wheaton, Illinois 60189
4. To such other person or place which any part 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, their assigns
successor owners of record of the Subject Realty, their assigns, lessees and upon any
successor municipal authority of Lemont 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 or pursuant to any applicable Statute.
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 Lemont 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,
10
clause, wording or designation shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect the remaining portions thereof. In addition,
Lemont and the Owners shall take all action necessary required to fulfill the intent
of this Agreement as to the use and development of the Subject Property.
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.
Nothing contained in this Agreement shall be construed to restrict or limit the right
of the Owner to sell or convey all or any portion of the Subject Property, whether
improved or unimproved.
E. SURVIVAL OF REPRESENTATIONS: Each of the parties hereto, for themselves,
their successors, assigns, heirs, devisees and personal representatives, agree that the
warrants 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. GENDER: 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. PREAMBLES AND EXHIBITS: The preambles set forth at the beginning of this
Agreement, and the Exhibits attached hereto, are incorporated herein by this
reference and shall constitute substantive provisions of this Agreement. A list of
exhibits is marked as Exhibit Six (6), attached hereto and made part hereof.
I. CONFLICT IN REGULATIONS:
1. The provisions of this Agreement shall supersede the provisions of any
ordinance, code, policies or regulations of Lemont which may be in conflict
with the provisions of this Agreement.
2. Pursuant to the requirements of statute, the corporate authorities of Lemont
shall adopt such ordinances as may be necessary to put into effect the terms
and provisions of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on
the day and year first written.
VILLAGE OF LEMONT, an Illinois
municipal corporation,
AtrrE..§Tt.
eT Clerk
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OWNERS:
ATTEST:
CHICAGO TITLE AND TRUST COMPANY
as Trustee and not individually
Trust No. 1089320 u.t.a. dated 8/1/86,
1093573 u.t.a. dated 6/26/89,
1089321 u.t.a. dated 8/2/86,
1089322 u.t.a. dated 8/3/86,
1089122 u.t.a. dated 9/15/86, and
1089323 u.t.a. dated 9/16/86.
Seal
\ f ,
EXONERATION PROVISIO ` RESTRICTING ANY LIABILITY OF CHICAGO '1T[LE
AND TRUST COMPANY IS STAMPED BELOW AND EXPRESSLY MADE A PART
HEREOF.
@ h nimbly raderstoel sad agreed by and between the parties hereto, anything herein to the contrary notwttbatee ing,
Wt each sal alt of the warranties, indemnities, representations. remnants, undertakings and agreements herein maker' the pn
of the Trustee while in farm pureertine to the warranties, indemnities. re►resentatiens, coevenants. undertakings and weements
Of said Trustee are nevertheless each and every one of them, made an intended not as personal warranties, indemnities,
representations, renvenants, undertakings and agreements by the Trustee of for the purpose or with the. ietentfan of Shindies said
/rustee barsanalfy but are made and intended for the purpose of binding arty that portion of the trust property seeeificelly
ledcribed herein, and this instrument is executed and delivered It said trustee not in its awn right, but solely in the exercise *1
the powers conferred upon it as such Trustee; gel that ne personal liability or personal respensi ►ifit) is assumed by nor shalt at
anytime be asserted ar enforceable against the Chipgo Title and trust Company or any of the beneficiaries under sad Trust
Agreement, •n account of this instrument or on account et any warranty. indemnity, representation, cenvenant, undertaking if
agreement of said Tr,stee in this instrument contained, either eapresscd ur implied, all such persanot tiabifny, if any. being
expressly waived and released.
Robert E. Mars, Developer
13
EXHIBIT ONE
LEGAL DESCRIPTION
Legal Description of C.T.& T. Trust Property:
THE WEST 517.9 FEET (AS MEASURED ON THE SOUTH LINE THEREOF) OF
THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 37 NORTH,
RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE
CENTER LINE OF DAVEY ROAD (CENTER LINE OF DAVEY ROAD WAS
CONSTRUCTED BY JOINING WITH A SHORT LINE, A POINT IN THE CENTER
OF THE TRAVELED ROAD ON THE EAST LINE OF SAID 1/4 SECTION, AND A
POINT IN THE CENTER OF THE TRAVELED ROAD ON THE WEST LINE OF THE
EAST 1/2 OF SAID 1/4 SECTION), ALSO,
THE NORTH 309.1 FEET OF THE WEST 517.9 FEET OF THE EAST 1/2 OF THE
NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 27 NORTH, RANGE 10, EAST OF
THE THIRD PRINCIPAL MERIDIAN, EXCEPT FROM THE ABOVE DESCRIBED
PROPERTY THAT PART THEREOF LYING 33.00 FEET SOUTH (MEASURED AT
RIGHT ANGLES) OF THE CENTER LINE OF SAID DAVEY ROAD, IN WILL
COUNTY, ILLINOIS; AND,
THE EAST 445.10 FEET (AS MEASURED ON THE SOUTH LINE THEREOF) OF
THE WEST 963.00 FEET (AS MEASURED ON THE SOUTH LINE THEREOF) OF
THE EAST 1/2 OF THE SOUTH EAST 1/4 OF SECTION 13, TOWNSHIP 37 NORTH,
RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE
CENTER LINE OF DAVEY ROAD (CENTER LINE OF DAVEY ROAD WAS
CONSTRUCTED BY JOINING WITH A SHORT LINE, A POINT IN THE CENTER
OF THE TRAVELED ROAD ON THE EAST LINE OF SAID 1/4 SECTION, AND A
POINT IN THE CENTER OF THE TRAVELED ROAD ON THE WEST LINE OF THE
EAST 1/2 OF SAID 1/4 SECTION), ALSO,
THE NORTH 309.1 FEET OF THE EAST 445.10 FEET OF THE WEST 963.00 FEET
OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 37
NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT
FROM THE ABOVE DESCRIBED PROPERTY THAT PART THEREOF LYING 33.00
FEET SOUTH (MEASURED AT RIGHT ANGLES) OF THE CENTER LINE OF
DAVEY ROAD, IN WILL COUNTY, ILLINOIS.
Source:
C.T.& T. Co.
# 02 34 985 (10/8/86)
# 02 34 152 (9/10/86)
Corrected 6/01/92
14
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FLEXIBLE PAVE! ENT SECTION
4?
ANNE DRALLE PROPERTY
ZONED A-1
1,613.7e
cUTLOT
LEGEND
Building Setbsck Line
Contours
— existing
— proposed
Liable
Beseonsl Wet Arse
Land Use Statistics
Total Project Area 4189 P.C.
Davey RNid13.1dIcalion (50) 1 30 P.C.
Interior Rights-ol-Way (601 4 89 P.C.
Outlot 'A' 0.03 P.C.
Single Family Lots (28) 35 67 P.C.
Smallest (#9) 44,440SF
'Lseideit M0i:99,050SP
Average 55,492SF
Lemont PUD Zoning
Grose Density
U
PROPOSED
LANDSCAPED
BERMS
06 DU/AC
• /
i !lk • - • •
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11-k 1
," ..,-/ 9
44,4405F
55,140 SF "--
i• • / 1/ .
. , V
112 11` r to
11101113:"
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I1OJECT
°CATION ,s
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\ I 44,505 SF ,,
J 16,235 5F , / / ,1 y - - - s .. '18 -., ---„,; ; ,
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s„....1,- ,--- --2---> 7 , .- ,• / , • , ,• k 4 -44%,720, 5F ',-., 1.....s.. I\ /7,940 SF
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68,410 5 ■ -• , - ••••„:....; \sr:: ,.?!....0,50 SF • .. l...,
\ 52,440511' i , / ,,.-‘1 .' ■
61,500 SF
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Preliminary Plat
OAK RIDGE SUBDIVISION
C kil•ary 1 a...n..1 11
IILLINOIS DEPT
NT OF TRANSPORTATION
1ED A-I
1400711
IIEIHXI
NEV. • 117 We 2
•,:tlit;iii`=;ti"'17 • . •
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1,0 Ow 274
...ow • Wail
Sheet: 1 of 2
r
EXHIBIT THREE
SPECIFIC VARIATIONS AND EXCEPTIONS
FROM THE VILLAGE'S ORDINANCES, RULES AND CODES
1. Reduce right of way width from 66 feet to 60 feet (Sec.VIII B.1.c.and d.), and waive
the width of the street surface from 30 feet to 24 feet back to back of curb for the
following streets, Glen Oak Lane, Oak Grove Court, Red Oak Lane, and Oak Ridge
Lane from the intersection of Oak Grove Court south to the terminus (Sec. XI
D.2.a), also waive the number of lots served and street length for cul -de -sac streets
(Sec. VIII B.8), (Sec. VIII E.1). Cul -de -sac street bulbs shall have a diameter of 82
feet (Sec. XID.2.a).
2. No street improvements shall be required except within the internal street system of
the property annexed and covered by this Agreement. The internal street system shall
be private (Sec. VIII B.1.e),(Sec. VIII B.9), (Sec. VIII B.12), (Sec. VIII F.2.b).
3. 10 foot utility easements to be located as shown on the site plan to protect trees,
utilities may be serviced from the front of lots (Sec. VIII D.1), (Sec. XI F).
4. Sidewalks shall not be required within or adjoining the subdivision (Sec. XI E), (Sec.
XI D.2.g) except on the west side of Oak Ridge Drive from Davey Road to Pin Oak
Drive.
5. Oak Ridge Subdivision shall be served by private wells and sewage disposal systems
in accordance with applicable State, Will County, and Will County Health
Department regulations. (Sec. XI A, B, and C shall not be required of the Subject
Property).
6. Oak Ridge Subdivision shall be private and Owner may erect a gate house or other
means of limiting access to the Subdivision to persons not authorized to enter. Oak
Ridge Subdivision shall not be required to provide any public open space (Sec. 9),
(Sec. XIE.).
7. Oak Ridge Subdivision shall plant Parkway trees as shown on the Preliminary Plat
(Sec. XI D.2.h). Owner shall be able to provide a landscaped entry to the
Subdivision.
8. Owners may continue use of the existing driveway until such time as the State of
Illinois improves Davey Road.
9. Oak Ridge Subdivision lots 5, 11, 12, 13, 21, and 22 shall have a front yard setback
of 35 feet (Sec. VII D.7.a.1). Lot 6 shall have a corner side yard of 35 feet (Sec. VII
15
1
r l
exhibit Three Continued.
D.7.a.2)of the Village Zoning Ordinance. All other yards will be provided as shown
on the Preliminary Plat, Specific approval shall be given to the two "Flag Lots"
shown on the Preliminary Plat of Subdivision (Sec. VII D.4.a) of the Village 7,oning
Ordinance, . ::..
10. Storm Water detention /retention shall be privately owned and maintained , by the
developer and /or a Homeowner's Association to be formed. Design approval : shall
be in accordance with the following standards:
(a) A minimum of 5.68 acre feet of storm water storage potential must be
provided,
(b) The release rate shall not exceed 0.15 c.f.s.per acre drained and the peak
discharge rate shall not exceed the safe carrying capacity of the downstream
channel or roadway culvert crossing.
(c) Depth of storm water storage can be as much as 12 feet which exceeds the
recommended storage depth in Section LS -67 of the Subdivision Design
Standards, which are waived.
(d) Side slopes of the control berm and intercepting swales can be as steep as 1.5
horizontal to 1.0 vertical to conserve trees and minimize ,topographic
disturbance. Vertical earth retaining walls that meet acceptable structural
engineering standards may also be used to conserve trees and limit
topographic disturbance. Section LS -67 of the Subdivision Design Standards
for this issue are waived to the extent described.
11. Land /Cash contributions under . Ordinance No. 606 adopted member 12, 1988, do
not impact the governmental agencies identified in the Ordinance and is not
applicable to, the subject property.
12. Subdivision. Plats and other appropriate documents shall be :recorded with Witt
County: (Sec.' 18).
13. Oak Ridge Subdivision shall have the right to install light standards of an appropriate
style (Sec. XI D.2.j). :
16
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EXHIBIT FIVE
LIST OF EXHIBITS IN LEMONT /C.T.& T. ANNEXATION AGREEMENT
Exhibit No. Description
1 Legal description of total parcel to be annexed to Village of Lemont.
2 Planned Development Site Plan (also known as the Preliminary Plat)
showing the Subject Realty, location map, surrounding zoning and land
uses, and the detailed development.
3
4
5
6
List of zoning and subdivision changes, exclusive of the rezoning and
planned development permits and plan approvals, needed to be
considered by the Village of Lemont under their ordinances.
Engineering Plans and Specifications for the proposed development.
List of Exhibits made part of this Agreement.
Plat of Annexation.
17
J1
i
-5855
EXHIBIT 6
PEAT Or
A \\ XAHO\
Scan_[.: ]' • 200
:p
Tho 517.9 f as measured n the 04,th !Aar [bete,.); f the oat 1•'_ of the s.o,theaat 1/4 of Section 13, Township 37 Narti,, Renee 10, 'est of the Third o mtpal Meridian. lying Youth of ti
!payee ' Road, a l renlornl.lne of J e Road was 4 I code hr bias)nit with • .I,ort line. •.point in the ,enter of he traveled road on t i e 'x t !hoe of sold 1:: ,.coon and s point in t
voter -of11 them veled road an the 4'6x6 '.inea o•• the Last a l/'_ of r said 1:: ct lonl also, the North 009.1 feet of the 'Nest 517, r the 0asl 1/. the Northeast 1': of c n ^r.. Township l7
center Pang. l0,• asl ,( t ..1'1•ird :'rincipal Meridiem, ...cep from the above doocrlhed property that pert x thereof lying 17.00 feet ` South (me ..red el right angles) of rl.♦ r nt er Line of said 'la e
Road. In 0411 county. Illinois; and the as :•. I0 ' ,as measured on nth,• South line thereof) of the Yee[ 963.30 ,re[ tax se red no the South line thereof) of the a foot. l/_ of the ...thee. Is
'tine 13, , nallip 17 North, Range 10.4 a the feet lriocipalM ridlan lying fottla f the o fine , - laver Road :renter ine of nave( goad wan c .fed Joining with • .horn 11
••point the c the traveled road ono .0.001 inr of said 1/4 6ection and • point in the renter of the traveled Road on rherY xn line f• a seta 1/2 of said 1,4 he also. the Nort
309.1 feet of then' at 4 /5.10 feet u [1,. West tv 1.00 feet ch. east 172 of the Northeast 1/4 of Seetlon 24, Township 17 North, Ranges 10, East u) the :bird Principal meridian. except from the el
described property that part there00l )ring 33.00 feet South a ,meas„red at right angles, of the Center :.ine of saidwhavey Read, in Will I :o„ntr, 11110,10.
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11
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r eke
d" 1 3
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1 heret.. v rtlt0 that there • e nu delinquent special .
or unpaid torrent special .asat.manta on the above de.crl6.d�ntx
proper,.
W
6)2_/3 -260— OLO
—6 3
- o z-LI
200— 02 7
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Se✓.,. L.e,m Rm. umw. b 9.ae -- f f
nxr. e. Sac. -10 - U 0 11I 1 1 d
tee.. ._, _ • e a i3 13
State of Ill in..l.,r
1pornvrd '•, rbv "resident o: the till. , �nm[v of Will ts•.• .` 1'State of Minoan! s
g_ t YI11, r',nt b 'x• v. 7 an [r of cook )a-
•unt,. Ill)fhe er . ,•,lug a vi o - _ -dayto __ i„1ia . :0Irap0 "Iola 6 Tru.[ ompanr, a 'tux ee under the t res of a -
' e x t a• n
n ,
e•' _....: \[teal' -- —' 4,03/ 6, 1r,,,nr dated an 3273 0: 4 6t 'hasher 1009320 dated We, ..,RS'pr.p o.d ! _R, ,./ Annex. do 2,0604 certify that
I'r.:Ide•n[_ -- - -- '-- -- - --- - - - - -- 9i0ale, :rust Number 109]57] dated 6/26:49, Trout Number 1009- we have prepared • a'lat of Annex.ion fur the a6nre de•erih
(1hµ. '3x21 dated 8 /0: /do,nTrnar Runner 1409317 dated 8/01/06• Trost property for the purposes of Annexation ea shown on the pia
! h.rebo certify tlaa. ,)arse a „ deferred installments s rho ahoy of set- %ash., 10891:2 dared 9/15/X6, 'frost N.mher 1009321 dated r 9 /30/06, hereon drawn. Mimen.fon. are in f and decimal
'^9 nding tope ld ss, semen[ ore pares
spry lei x e due against rhr aM1uve desert .- due. herel,v certify that I[ is sorb ': rnas[ the I,..Ider o thereof corrected to a temperature degrees Fahrenheit
property. nrd :-itiu In ri,.•
property hereon adescrihedeeM that it heal
tee
woe r catsod the s• Id property to he 6orveved and Annexed as xl.o0n on 1,46 is ,6 err, ire that the p•retl'o 1nrI dad on 'I1+ re a•rd
... —'---' me plat hereon Brawn. g
...... _... __. i l v n r 1 3wxs 00606 .l
1'lllel. 111) lW i deed are mated In .tmsmu y Penes .um e
,• a ')erg to cad r },'111 and y !1rrenis. ne .e. vd ri,ia . -_ .. ,._... —.__._ ., iw..... 4/1:/9_,
I•nl holey that ! hove oexaminand[ the t atolls u.e ie en[ tad [,I• :,tfii. Ja, �: say. 1002. --
i•urt a de•thatnod property and (Ind Othat titer 1ehar.•e been rpaid tantls , Trout :ff lv er��__ -_ — - - - -- - _ - -- a a-
Alin° . Berl -toted land v o