O-742-92 07/13/92•
VILLAGE OF LEMONT
ORDINANCE NO. 7"/
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT
FOR BIELBY PROPERTY
ITEM VI.B.2.
926.36
J
ADOPTED BY THE . DEPT -01 RECORDIHG t53,,50
PRESIDENT AND BOARD OF TRUSTEES 8888 ';RAN 3647 08/21/92 14.5 =7 :00
OF THE VILLAGE OF LEMONT . 40600 = £ *-- 92- 623675
This
day of
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, Will and DuPage
Counties, Ill' ' , th's f
day of , 1992.
1992.
COOK: COUNTY RECORDER
9262 3675
ORDINANCE NO. %f�—*
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT
FOR BIELBY PROPERTY
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
to perform the obligations as required hereunder; and
WHEREAS, the statutory procedures provided for in the Illinois Municipal Code
for the execution of said Agreement, specifically Chapter 24, Article 11, Division 15.1 of the
Illinois Revises Statutes, 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, WILL AND
DUPAGE, 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 "BIELBY PROPERTY
ANNEXATION AGREEMENT" dated the day of
1992, as to
acres, (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, COUNTIES OF COOK, WILL AND DUPAGE,
ILLINOIS, on this
day of • 4 . , 1992.
Kenneth S. Bromberek
Barbara Buschman
Bert Ercoli
Richard Kwasneski
William Margalus
Ralph Schobert
Approved by me this
Attest:
day of
CHARLENE SMOLLEN, Village Clerk
\B: \ORDINANCE \BIELBY.AUT
AYES NAYS PASSED AI NT
v
CHARLENE SMOLLEN, Village Clerk
1992.
RZLEY, V 14 aged' resident
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this /3 day of
1992, between the VILLAGE OF LEMONT, a municipal
corporate n of the County of Cook, in the State of Illinois
(hereinafter referred to as "VILLAGE ") and ROBERT G. BIELBY, JR.,
as Trustee under Trust Agreement dated June 15, 1991 (hereinafter
referred to as "OWNER ").
W I T N E S S E T H:
WHEREAS, OWNER is the owner of record of the real estate
(hereinafter referred to as "PARCEL "), legally described as
follows:
THAT PART OF THE NORTH EAST 1/4 OF THE NORTH WEST 1/4 OF
SECTION 20, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, LYING NORTH OF A LINE DRAWN
FROM THE SOUTH WEST CORNER OF SAID NORTH EAST 1/4 OF THE
NORTH WEST 1/4 TO A POINT ON THE EAST LINE OF SAID NORTH
EAST 1/4 OF THE NORTH WEST 1/4 754.43 FEET NORTH OF THE
SOUTH EAST CORNER OF SAID NORTH EAST 1/4 OF THE NORTH
WEST 1/4, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH
EAST CORNER OF SAID NORTH EAST 1/4 OF THE NORTH WEST 1/4;
THENCE WEST ALONG THE NORTH LINE THEREOF 1047.42 FEET;
THENCE SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 68
DEGREES - 31 MINUTES (MEASURED FROM NORTH EAST TO SOUTH
EAST), SAID LINE BEING THE CENTER LINE OF STEPHEN STREET,
A DISTANCE OF 179.56 FEET TO THE POINT OF BEGINNING OF
LAND HEREIN DESCRIBED; THENCE CONTINUE SOUTHEASTERLY
ALONG THE CENTER LINE OF STEPHEN STREET, A DISTANCE OF
267.59 FEET TO THE NORTHERLY LINE OF PUBLIC SERVICE
COMPANY RIGHT -OF -WAY; THENCE NORTHEASTERLY ALONG THE
NORTHERLY LINE OF SAID RIGHT -OF -WAY A DISTANCE OF 539.77
FEET; THENCE NORTH ALONG A LINE DRAWN PERPENDICULAR TO
THE NORTH LINE OF THE NORTH EAST 1/4 OF THE NORTH WEST
1/4 A DISTANCE OF 50.0 FEET; THENCE WESTERLY A DISTANCE
OF 596.73 FEET TO THE POINT OF BEGINNING; IN COOK COUNTY,
ILLINOIS.
1
WHEREAS, the PARCEL is not within the corporate limits of any
other municipality; and
WHEREAS, portions of the PARCEL are adjacent and contiguous to
the existing corporate limits of the VILLAGE; and
WHEREAS, no electors reside upon the PARCEL; and
WHEREAS, OWNER has submitted to the VILLAGE a Petition for
Annexation requesting annexation to the VILLAGE subject to the
terms of this Annexation Agreement, said Petition being attached
hereto as Exhibit A'and by this reference incorporated herein, and
WHEREAS, OWNER intends to develop and use the PARCEL in
accordance with those uses and special uses as allowed under the
M -3 (Manufacturing District) category of the VILLAGE Zoning,
Ordinance; and
WHEREAS, the PARCEL is presently used as a location of a fence
business and a landscaping business, the VILLAGE agrees that the
present uses of the property shall continue to be permitted; and
WHEREAS, the VILLAGE desires to assure that no billboard sign
will be constructed on the PARCEL, the OWNER and VILLAGE agree that
the property will have certain restrictions regarding signs (fully
explained hereinafter) and that the existing trailer sign shall be
allowed to remain_ _ADA he_ Consi r1are& a rnn- (7Qn,form na .use; and
WHEREAS, the parties hereto desire the PARCEL 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
2
WHEREAS, the VILLAGE would extent its zoning, building, health
and other municipal regulations and ordinances over the PARCEL,
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, if any, 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 Rtbvised Statutes, to enter into
an Agreement with respect to Annexation of the PARCEL and various
other matters; and
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 corporation authority of the VILLAGE has
considered the Annexation of the PARCEL described in the Petition
and has determined that the best interest of the VILLAGE will be
met if the PARCEL is annexed to the VILLAGE and used in accordance
3
with the provisions of the Agreement; and
WHEREAS, all provisions of this Annexation Agreement and the
Exhibits hereto, including all the foregoing paragraphs, are
contractual in nature and not mere recitals only.
NOW, THEREFORE, in consideration of the foregoing and of the
mutual covenants hereinafter contained, the parties agree as
follows:
I
ANNEXATION
1. Subject to the provisions of Chapter 24, Article 7.of the
Illinois Revised Statutes, the parties hereto respectively agree to
do all things necessary or appropriate to cause the PARCEL -to be
validly annexed to the VILLAGE as promptly as possible upon the
execution of this Agreement.
2. The Plat of Annexation of said PARCEL is attached hereto
as Exhibit B. Said Plat extends the new boundaries of the VILLAGE
to the far side of any adjacent highway.
II
ZONING, SIGN RESTRICTION AND NON - CONFORMING USE
tD
Upon the Annexation of the PARCEL to the VILLAGE, the PARCEL �y".
yy,D
shown on the attached as Exhibit B shall be classified under they
existing zoning ordinance as M -3 (Manufacturing District). The
present uses of the PARCEL, namely a fence business and a
landscaping business, shall be considered permitted uses of the
PARCEL. There will be a restriction that monument and ground signs
will (a) set back from property lines a distance equal: to or
4
greater than the height of the sign (b) not exceed 15 feet in
height (c) be limited to one square foot of face sign area for each .
foot of property frontage with a maximum of 100 square feet per
sign face. Existing trailer sign shall be allowed to remain and
considered a non - conforming use.
III
SEWER AND WATER
The VILLAGE shall cooperate with OWNER in obtaining and
granting all necessary easements in and to the VILLAGE owned
rights -of -way, to enable OWNER to connect to potable water and
sanitary sewer service for the PARCEL. Accordingly, OWNER shall at
his option, as promptly as potable water and sanitary sewer service
is available to the PARCEL, if his needs dictate, take all actions,
including payment of applicable standard tap -on fees and costs, to
access such potable water and sanitary sewer service. The VILLAGE
agrees not to assess any recapture fees relative to any aspect of
OWNER'S accessing such potable water and sanitary sewer service.
IV
BUILDING ORDINANCES AND PERMITS
The OWNER agrees to comply in all respects with all present
CJD
applicable provisions of the VILLAGE Building Codes in connection
d"a
with the construction of buildings on the PARCEL. VILLAGE and FA
OWNER agree that the VILLAGE Building Code in effect on the date of
this Agreement shall remain applicable to any construction on the
PARCEL, regardless of amendments and revisions made thereto, for a
period of ten (10) years from said date.
5
v
GENERAL PROVISIONS
A. BUILDING PERMIT: VILLAGE 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, his successors and assigns, or issue a
Letter of Denial within said period of time, informing the OWNER,
his 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: VILLAGE agrees to issue a
Certificate of Occupancy within ten (10) days after the application
or issue a Letter of Denial within said period of time informing
OWNER, his successors and 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 VILLAGE in its request for correction.
VI
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
6
objection to title, VILLAGE, shall, if the OWNER, his 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.
VII
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:
Village of Lemont
418 Main Street
Lemont, Illinois 60439
2. OWNER:
and OWNER'S ATTORNEY:
Robert G. Bielby, Jr.
15509 Gougar Road
Lemont, Illinois 60441
Lawrence J. Locascio, Jr.
15442 West 159th Street
Lockport, Illinois 60441
3. To such other persons 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 PARCEL, their
tD
tO
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 statute in such case
made and provided.
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, devises 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. GENDER: Unless the provisions of this Agreement otherwise
8
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 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.
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 VILLAGE, shall not be
frozen during the term of this Agreement, and such ordinances, as CD
the same may from time to time be amended and enforced throughout
the VILLAGE, shall apply to the PARCEL. Notwithstanding the
it is expressly understood and agreed by the parties e.,r,
that during the term of this Agreement, no use permitted under the
Zoning District at the time of the execution of this Agreement
shall be denied to the OWNER, his successors or assigns.
9
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day and year first above written.
VILLAGE OF LEMONT AND THE
CORPORATE AUTHORITY THEREOF:
OWNER:
ROBERT G. BIELBY, JR., Sole
Trustee under Trust Agreement
dated June 15, 1991.
10
ATTEST:
ILLAGE CLERK
EXHIBIT "A"
STATE OF ILLINOIS )
SS
COUNTY OF COOK
BIELBY VOLUNTARY PE1'J I'ION REQUESTING
ANNEXATION TO THE VILLAGE OF LEMONT, ILLINOIS
TO: THE VILLAGE CLERK, VILLAGE OF LEMONT, ILLINOIS
I, the undersigned Petitioner, owner of record of all of the
land herein requested to be annexed, respectfully represent that
all the conditions required for annexation to the Village of Lemont
pursuant to and in accordance with Chapter 24 (Illinois Municipal
Code) Section 7 -1 -8 of the Illinois Revised Statutes do hereby
exist, to wit:
1. That the territory requested to be annexed is described as
follows:
THAT PART OF THE NORTH EAST 1/4 OF THE NORTH WEST 1/4 OF SECTION
20, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, LYING NORTH OF A LINE DRAWN FROM THE SOUTH WEST CORNER OF
SAID NORTH EAST 1/4 OF THE NORTH WEST 1/4 TO A POINT ON THE EAST
LINE OF SAID NORTH EAST 1/4 OF THE NORTH WEST 1/4 754.43 FEET NORTH
OF THE SOUTH EAST CORNER OF SAID NORTH EAST 1/4 OF THE NORTH WEST
1/4, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH EAST CORNER OF
SAID NORTH EAST 1/4 OF THE NORTH WEST 1/4; THENCE WEST ALONG THE
NORTH LINE THEREOF 1047.42 FEET; THENCE SOUTHEASTERLY ALONG A LINE
FORMING AN ANGLE OF 68 DEGREES - 31 MINUTES (MEASURED FROM NORTH
EAST TO SOUTH EAST), SAID LINE BEING THE CENTER LINE OF STEPHEN
STREET, A DISTANCE OF 179.56 FEET TO THE POINT OF BEGINNING OF LAND
HEREIN DESCRIBED; THENCE CONTINUE SOUTHEASTERLY ALONG THE CENTER
LINE OF STEPHEN STREET, A DISTANCE OF 267.59 FEET TO THE NORTHERLY
LINE OF PUBLIC SERVICE COMPANY RIGHT -OF -WAY; THENCE NORTHEASTERLY
ALONG THE NORTHERLY LINE OF SAID RIGHT -OF -WAY A DISTANCE OF 539.77
FEET; THENCE NORTH ALONG A LINE DRAWN PERPENDICULAR TO THE NORTH
LINE OF THE NORTH EAST 1/4 OF THE NORTH WEST 1/4 A DISTANCE OF 50.0
FEET; THENCE WESTERLY A DISTANCE OF 596.73 FEET TO THE POINT OF
BEGINNING; IN COOK COUNTY, ILLINOIS.
2. That the described territory is not within the corporate
limits of any municipality but is contiguous to the Village of
Lemont, a municipality organized and existing under the laws of the
State of Illinois.
3. That a Plat of Annexation showing the described territory
is attached hereto and made a part of this Petition.
1
4. That this Petition is signed by the owner of record of all
land in the described territory.
5. That there are no electors residing in the described
territory.
6. That this Petition is contingent upon the Village entering
into an Annexation Agreement with the Petitioner which will zone
the subject property as M -3 Manufacturing District with a
restriction that monument and ground signs will, (a) set back from
property lines a distance equal to or greater than the height of
the sign (b) not exceed 15 feet in height (c) be limited to one
square foot of face sign area for each foot of property frontage
with a maximum of 100 square feet per sign face. Existing trailer
sign shall be allowed to remain and considered a non - conforming
use.
WHEREFORE, your Petitioner respectfully requests the
Corporate Authorities of the Village of Lemont to annex the above
described territory to the Village of Lemont.
By: L� > /
Robert G. Bielby, Jr.
Sole Trustee of the
Robert George Bielby, Jr.
1991 Trust, Under Trust
Agreement Dated June 15, 1991.
Subscribed and sworn to
before me this 1 day
1992.
ary Public
Mailing Address:
15509 Gougar Road
Lockport, Illinois 60441
" OFFICIAL SEAL "
CATHLEEN CRAIG
NOTARY PUBLIC. STATE OF ILLINOIS
MY COMMISSION EXPIRES 5/15/95
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EXHIBIT "B"
PLAT OF *NNEXATION
OF
THAT PART OF THE NORTHEAST 1/4 OF THE NORTHWEST t/A Of
SECTION 20, TOWNSHIP 37 NORTH, RANGE 11. EAST OF THE THIRD
PRINCIPAL MERIDIAN, LYING NORTH OF A LINE DRAWN FROM THE
5OUTHEEST CORNER OF 5A/0 NORTHEAST 1/4 OF THE NORTHWEST t/4
TO A POINT ON THE EAST LINE OF SAID NORTHEAST 1/4 OF THE
NORTHEEST 1/4 754.40 FEET NORTH OF THE SOUTHEAST CORNER OF
SAID NORTHEAST 1/4 OF THE NORTHWEST t /4, DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST
1/4 OF THE NORTHWEST 1/4: THENCE WEST ALONG THE NORTH LINE
THEREOF 1047.42 FEET: THENCE SOUTHEASTERLY ALONG A LINE
FORMING AN ANGLE OF 68' -71' (MEASURED FROM NORTHEAST TO
SOUTHEAST), SAID LINE BEING THE CENTERLINE OF STEPHAN STREET,
A DISTANCE Of 179.56 FEET TO THE POINT OF BEGINNING OF LAND
HEREIN DESCRIBED: THENCE CONTINUE SOUTHEASTERLY ALONG THE
CENTERLINE OF STEPHAN STREET, A DISTANCE OF 267.59 FEET TO
THE NORTHERLY LINE OF PUBLIC SERVICE COMPANY RIGHT -OF -NAY:
THENCE NORTHEASTERLY ALONG THE NORTHERLY LINE OF SAID RIGHT-
OF -MAY A DISTANCE OF 539.77 FEET: THENCE NORTH ALONG A LINE
MANN PERPENDICULAR TO THE NORTH LINE OF THE NORTHEAST 1/4 OF
THE NORTHWEST 1/4 A OI574NCE OF 50.0 FEET: THENCE wESTERLY A
DISTANCE OF 596.70 FEET TO THE POINT OF BEGINNING: IN COOK
COUNTY. ILLINOIS.
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STATE OF ILLINOIS)
COUNTY OF COOK )
STATE OF ILLINOIS)
COUNTY OF COOK
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APPROVED BY THE MAYOR OF THE VILLAGE OF LEMONT, ILLINOIS, AT
A MEETING MELD THIS _ DAY OF
199_.
BY:
NAYOR 111140IS PROFESSIONAL LANG SURVEYOR NO. 2205
THE TERRITORY DESCRIBED IN THIS PLAT OF ANNEXATION IS
IDENTIFIED AS THAT INCORPORATED AND MADE A PART OF THE
VILLAGE OF LEMONT, ILLINOIS. BY ORDINANCE NO.
AOOPTED BY THE PRESIDENT ANO THE BOARD OF TRUSTEES OF SAID
VILLAGE. ON THI5 _ DAY OF 199_.
8
RESIDENT
ATTEST ei-i 1,xef//.4JdeS.--
VILLAGE CLERK
STATE OF ILLINOIS)
S.S.
COUNTY OF COOK )
•
I, THOMAS J. CESAL, AN ILLINOIS PROFESSIONAL LAND SURVEYOR.
DO HEREBY CERTIFY THAT THE ANNEXE0 PLAT I5 AM ACCURATE
REPRESENTATION OF THE TERRITORY INCLUDED IN THE ANNEXATION TO
THE VILLAGE OF LEMONT.
DATED THIS 2'Ty ::: OF APRGRI 1992.
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