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O-910-95 09/25/95962403'7'7 DEPT-0i RECORDII4G *55.50 » Tt7777 TRAM 0141 03/29/96 10 ;12 °00 1,4215: SK -- -96- -; 4° "� . VILLAGE OF LEMONT t;C7u"'r•'� OUNTY RECORDER ORDINANCE NO. fie? AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A .88 ACRE PARCEL LOCATED AT 12241 SOUTH ARCHER AVENUE, LEMONT, ILLINOIS (D -LUX BUDGET INN) 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 Counti =a , Illinois, this& day of , 1995. 1995. 2.�q, • 77 • ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A .88 ACRE PARCEL LOCATED AT 12241 SOUTH ARCHER AVENUE, LEMONT, ILLINOIS (D -LUX BUDGET INN) 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 "D-L X BUDGET INN ANNEXATION AGREEMENT" dated the _day of J-41,_,.0 1995, (a copy of which is attached hereto and mad - part hereof). SECTION 2: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUN IES OF COOK, DuPAGE, AND WILL, ILLINOIS, on this )- ay of , 1995. Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert AYES NAYS PASSED ABSENT v v v CHARLENE SMOLLEN, Village Clerk Approved by me this ► /° day o Attest: 1995. RICHARD ASNESKI, Village President RLENE SMOLLEN, Village Clerk Mail to: Village Clerk Village of Lem 418 Main Street Lemont, IL 60439 22 -27- 201 - 002;0000 22 -27- 201 - 003;0000 ANNEXATION AGREEMENT ARTICLE TITLE I Annexation II Zoning and Land Use Restrictions III Water IV Sanitary Sewers V Storm Water Detention VI Fees, Building Ordinances, Permits and General Matters VII Approval and Applications VIII Notice of Violations Ordinance IX Maintenance Bond, Letter of Credit X Damage to Public Improvements XI Terms of This Agreement EXHIBIT A B EXHIBIT TITLE Legal Description of Subject Property Plat of Annexation of Subject Property 2 ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this a-1444- 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 First National Bank of Joliet Land Trust # 4404 and WOJCIECH GUBALA (hereinafter collectively referred to as "OWNER "). 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 to maintain the use of the existing motel on the property; and, WHEREAS, the parties hereto desire the TERRITORY which is contiguous to the VILLAGE to be annexed to the VILLAGE on the terms and conditions hereinafter set forth; and, WHEREAS, OWNER and VILLAGE agree that they will be bound by the terms of this Annexation Agreement; and, WHEREAS, the VILLAGE would extend its zoning, building, health and other municipal regulations and ordinances over the TERRITORY, thereby protecting the VILLAGE from possible undesirable or inharmonious use and development of unincorporated areas surrounding the VILLAGE; and, WHEREAS, the new boundaries of the VILLAGE OF LEMONT, resulting from this Annexation shall extend to the far side of every highway and shall include all of every highway so annexed; and, WHEREAS, the parties desire, pursuant to 65 ILCS 5/11- 15.1 -1 the Illinois Compiled Statutes, to enter into an Agreement with respect to Annexation of the TERRITORY and various other matters; and, 3 WHEREAS, pursuant to the provisions of the 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, The corporate authority of the VILLAGE has considered the Annexation and use 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 used 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: I ANNEXATION 1. Subject to the provisions of 65 ILCS 5/7 -1 -8, 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. II ZONING AND LAND USE RESTRICTIONS 1. Upon the Annexation of the TERRITORY to the VILLAGE, the parcel shown on the plat attached as Exhibit "B" shall be classified under the Village of Lemont Zoning Ordinance No. 426, as amended, as B -3 Commercial District. 2. Upon the annexation of the TERRITORY to the VILLAGE, zoning variances allowing a minimum front yard setback of thirty (30) feet from the Archer Avenue front lot line and a east side yard setback of six (6) feet for the building and zero (0) feet for the eave, walkway, and stairwell as permitted obstructions within a side yard. Future construction or reconstruction shall be permitted with these setbacks, provided all other zoning requirements are'met. 4 III WATER 1. At such time as the OWNER shall request connection to the VILLAGE public water supply, OWNER shall extend the existing water main from such off -site locations in accordance with the engineering plans and specifications to be approved by the VILLAGE Engineer. 2. It is the intent of this Agreement that the OWNER shall install off -site water mains necessary to deliver a minimum gallons per minute fire flows plus domestic flows with a pound per square inch residual pressure as outlined in the Illinois Fire Insurance codes and required by the Lemont Fire Protection District. 3. All water mains constructed by OWNER shall remain OWNERS responsibility until such time as they are accepted by the VILLAGE as provided by ordinance. 4. Water mains shall be designed in accordance with the requirements of the State of Illinois Environmental Protection Agency Bureau of Public Water Supply and the domestic and fire protecting needs of the proposed development. 5. OWNER shall be allowed to continue outdoor use of private well on -site for a period of either the life of the well or five years from the date at which water becomes available, whichever is less. Iv SANITARY SEWERS 1. At such time as the OWNER shall request connection to the VILLAGE Sanitary Sewer System, sanitary sewers shall be designed . in accordance with the standards for sewage works adopted by the Lemont and Great Lakes Board of Public Health Engineers and the requirements of the Metropolitan Water Reclamation District of Greater Chicago. 2. The design and construction of the Sanitary Sewer shall be in accordance with engineering plans and specifications approved by the Village Engineer. 5 V STORM WATER DETENTION 1. For any future development of the TERRITORY, OWNER agrees to adhere to the detention policy of the VILLAGE and the Metropolitan Water Reclamation District of Greater Chicago. OWNER agrees to manage storm water as required by the VILLAGE Engineer. OWNER agrees to install and VILLAGE agrees to accept necessary surface drainage courses and detention areas. 2. All detention basins and outlet control structures shall be constructed prior to the installation of on -site pavement and storm sewer system to prevent property damage during interim improvement construction. OWNER shall take precautionary measures to prevent storm water run -off from causing erosion and depositing silt in the Illinois and Michigan Canal and other tributary drainage ways. 3. The plans and specifications of the construction of this storm water detention shall meet the needs of the TERRITORY as established by the Metropolitan Water Reclamation District of Greater Chicago and the Village of Lemont. VI FEES, BUILDING ORDINANCES, PERMITS AND GENERAL MATTER The OWNER agrees to comply in all respects with all then applicable provisions of the VILLAGE Building Codes in connection with the construction of buildings in the TERRITORY. The OWNER further agrees to pay all fees, reimburse the VILLAGE for planning, engineering, and legal fees incurred as a result of the OWNER proposal and obtain all permits required by present and future VILLAGE Ordinances. 6 VII APPROVAL OF APPLICATION VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and engineering submitted to VILLAGE by OWNER. IF VILLAGE shall determine that any such submission is not in substantial accordance with this Agreement and applicable ordinances, the VILLAGE shall promptly notify OWNER in writing of the specific objection to any such submission so that OWNER can make any required corrections or revisions. VIII NOTICE OF VIOLATIONS VILLAGE will issue no stop orders directing work stoppage on building or parts of the project without giving notice of the Section of the Code allegedly violated by OWNER, so the OWNER may forthwith proceed to correct such violations as may exist. Moreover, the VILLAGE shall have an opportunity to correct possible violations. 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 employee on or near the site. VILLAGE shall provide OWNER notice as required by Statute of any matter, such as public hearing, proposed building code changes and policy changes or other matters which may affect the TERRITORY of development of it under this Agreement. IX MAINTENANCE BOND, LETTER OF CREDIT As security for the installation of future public improvements OWNER will post with the VILLAGE a letter of credit for any public improvements equal to 125 percent of the estimated cost of such improvements, as approved by the Village Engineer. At the time or times of acceptance by VILLAGE of the installation of any part, component or all of any public 7 improvement in accordance with this Section, or any other section of the Agreement, OWNER shall deposit with the VILLAGE a maintenance bond in the amount of five percent (5%) of the cost of the installation of the public improvement accepted by VILLAGE. This bond shall be deposited with the VILLAGE and shall be held by the VILLAGE for a period of twelve (12) months after completion and acceptance of all improvements. In the event of a defect in material and /or workmanship within said period, then said Bond shall not be returned until correction of said defect and acceptance by VILLAGE of said corrections. X DAMAGE TO PUBLIC IMPROVEMENTS OWNER shall replace and repair any damage to public improvements or off -site public improvements installed within, under or upon the TERRITORY resulting from constructions activities by OWNER, their successors or assigns and their employees agents, contractors or subcontractors during the term of this Agreement. OWNER shall have no obligation hereunder with respect to damage resulting from ordinary usage, wear and tear. 8 XI TERMS OF THIS AGREEMENT 1. This agreement shall be binding upon all the parties hereto, their respective successors and assigns for a period of twenty (20) years. All of the terms and conditions provided herein shall run the land. 2. The OWNERS of the TERRITORY agree to defend and hold harmless the VILLAGE from any and all claims which may arise out of said OWNERS construction activities under this Agreement. 3. In the event that, as a result of this Agreement, or actions taken as required hereunder, the VILLAGE is made a party defendant in any litigation arising by reason of this Agreement, or the construction and development activities contemplated hereunder, the OWNERS agree to defend and hold harmless the VILLAGE, the mayor, trustees, officers, and agents thereof, individually and collectively, from any suits and from any claims, demands, setoff or other action including but not limited to judgments arising therefrom. The obligation of the OWNERS hereunder shall include and extend to payment of reasonable attorneys' fees for the representation of the VILLAGE and its said officers and agents in such litigation and includes expenses, court costs and fees; it being understood that the OWNERS where there shall be no applicable standards provided therein, shall have the right to employ all such attorneys to represents the VILLAGE and its officers and agents in such litigation, subject to the approval of the corporate authorities of the VILLAGE, which approval shall not be unreasonable withheld. The OWNERS shall have the right to appeal to courts of appellate jurisdiction any judgment taken against the VILLAGE or its officers or agents in this respect, and the VILLAGE shall join in any such appeal taken by the OWNERS. 4. It is agreed that the parties hereto may in law or in equity, by suit, action, mandamus, or any other proceeding, including specific performance, enforce or compel the performance of this Agreement, which shall include the right of the parties to recover a judgment for monetary damages against each other, provided, however, that the OWNERS shall not have a right to recover a judgment for monetary damages against any elected or appointed official of the VILLAGE for any breach of any of the terms of this Agreement. The VILLAGE reserves the right to maintain an action to recover damages or any sums which OWNERS have agreed to pay pursuant to this Agreement and which have become due and remained unpaid. 9 5. If any provision, clause, word or designation of this Agreement is held to be invalid by any court or competent jurisdiction, such provision, clause, word, or designation shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any other provision, clause, word, or designation contained herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: VILLAGE CLERK ATTEST: GE OF LEMONT AND THE E AUTHORITY THEREOF PRESIDENT This document is made byte first National Bank of Joliet as Trustee and accepted upon the express understanding that the First National Bank of Joliet enters into the same not personally, but only as Trustee and that no personal liability is assumed by nor shall be asserted or enforced against the First National Bank of Joliet because of or on account of the making or executing this document or of anythingg therein contained, all such liability, if any being expressly waived, nor shall the First National Barik of Joliet be held personally liable upon or in consequence of any of the covenants of this document, either expressed or implied. WOJCIECH GUBALA ©f &e � OWNER FIRST NATIONAL BANK OF JOLIET Gfl TRUST NO. 4404 and at—personally- 10 • STATE OF ILLINOIS COUNTY OF SS. I, anAnsiy Met, , a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that I; PC/ NA.1; oft aA_ corn k 0 T To l , by: J ; 00,1i s 4.i1 %/ %ou n So e�'s� % , O. , personally known to me to be the same persons whose names are subscribed to the foregoing instrument, respectively appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act. Given under my hand and Notarial Se �o ��✓L , 1995. My commission expires: OFFIC » i:. SEA L 'LY17UL+mrx i, icr r+� rra NOTARY PUBLIC. STATE OF ILLINOIS MY COMMISSION EXPIRES 6/19/98 11 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY 12 MAY 19 '95 07:52 FMB OF JOLIEf- I1AI11 P.2/2 GENERAL DIRECTION DO NOT USE THIS DIRECTION FOR TRUSTEES DEED FIRST NATIONAL BANK OF JOLIET Date May 18, 1995 78 NORTH CHICAGO STREET JOLIET, IL 60431 You are hereby authorized and directed to execute and deliver the following described document (a copy of which is attached hereto) in your capacity as Trustee under your Trust No 4404 DESCRIPTION OF DOCUMENT: ❑ Mtge /trust deed and Note in the amount of $ dated to ❑ Assignment of Rents to dated ❑ Lease to as Lessee /Lessor for a term of years with a monthly /annual rental in the amount of $ ❑ Proof of Loss to Insurance Company Policy * for $ ❑ Plat of Subdivision for ❑ Easement to - dated ❑ Contract to as Buyer•Seller dated OTHER DOCUMENTS Q p.,,,oxation ,greamevt rn rha V; 11 agp of T amnnr ❑ ❑ Address of Property 12241 S. Archer, Lemont, IL TITLE COMMITMENT* LEGAL DESCRIPTION: 22 -27- 201 - 002 -0000 That part of Lot 8 in County Clerk's PERMANENT TAX * 22 -27 -201- 003 -0000 Division of Section 27, Township 37 North, Range 11, East of the Third Principal Meridian, lying north of a line 50.0 feet noth of the south line of the NE 1/4 of Section 27 aforesaid, being the north line of McCarthy Road, and lying east of a line which is at right angles to said North Line of McCarthy Road at a point in the north line of McCarthy Road that is 352.10 feet east of the west line of Lot 9 in said County Clerk's Division (said westtline of , Lot 9 being the north and south Centerline of said Section 27); and lying west of a line which is at right angles to the said north line of McCarthy Road at a plaint in said north line of McCarthy Road that is 462.10 feet east of the said west line of Lot 9, excepting from the heretofore described parcel of land, the north 42.0 feet thereof, (as measured at right angles from the center of Archer Road), 111iq ffibl Vnty, Illinois. TO PAY PROCEEDS TO Other Instructions WILL BE PICKED UP BY: SIGN HERE OK MAIL TO: DELIVER TO: RECEIVED THE ABOVE DOCUMENTS: DATE' EXHIBIT B PLAT OF ANNEXATION 13 PLAT OF A.N NEXATI ON THE VILL/4gE OF LEMONT • COOK,WILL4 DU PAGE COUNTIES, ILL. OF THAT PART OF LoT R 1 I v C. oF Csii 27, TOWNSHIP . 1 NORTH, 1ruc 1 t EAST OF nie 111 PM PR INC I I. AL : 1 1 i :cc. Fccr NORTH OF 71-11 . soul II LINE OF T14 NC! r:F SECTION Z: OF MC CARTHY ROAD. ANO EAST OF A• LIt4 le:H LH I S AT 4::GLCS rf. '.IL. :OP TH OF MC • EAR TNT ROAU AT A •PO INT IN THE NORTH LINC OF SAI0 tIL CAR1H7 ::QAD TI•AT :5 ;5:.:0 Ft•i:r EAST OF THC WEST Lcmi oF—Loy-9 IN SAID COUNTY CLERK'S DIVISION 1.1,AID HC7.7 Gr. LoT 1 THL. NORTH AND SOUTH 4NTEP.LINE oF.smo surion 1 •T ttt. L. tt A t. I RIC.itT•AnLLS To rHE SAID NORTH LIIIE • OF MC CARTHY PQA(; AT A rufNT P.:: 1:ACO oF PC CAR THY POAD THAT 15 4C,Z.10.FECT EAST OF THL SAID WEST I ;tic OI• 101 HERETOFORC OLSCRIBED-PARCCL OF LAND • TmE.NORTHWEST 42.0 FLLT IHEFLCF, RIGHT ANGLES FROM THC CENTER OF1ARCHLR WAD), ALL It: cuoP: coutrrY, 1 LL 11.01 TCL rPrk. t:1 11! ,:::•■• A " STRCCIS OR 111cHwAys 1:0T mow PART OVANY muNICiPALITY,U:XCEFTINt. F.Dom THE. ,:•;1 t 'PART THEREOF HEP.CTOFORE ANNEXCD) o9 3 ••••••• • '.• • •o., A° • .. - 52.. 10-- . . c .- ' Ao. . . • . • • . • .--• . • - Mst CAR i 7-S.---V\\\ \-\\ .\\\\:''','•• - -• • • .'"1.--?.-7.4 s• 4fiCAD' , . '-■-• ,.!.,,,,,•=ey, .. 1. .".. • • '. 10431-q4- .n-) • 1'2- a. lamt-rs . • . • . • - • ::• • - • STATE OF ILLINOIS) )SS: COUNTY OF COOK ) • I, HOWARD E. DRAASCH, AN ILLINOIS PRO- c. riionAL LAND SURVEYOR, 00 HERESY CERTIFY THAT 1 HAVE . .::,..,PREPARED-.THE; HEREON DRAWN PLAT FROM EXISTING PLATS AND . TME-DFFICIAL RECORDS FOR THE PURPOSE OF AMNCXING THE .. .i.kRoPEitrY. oetcirtammeRcom TO THEICORPORATE LIMITS OF THE 74.VILLAGE-OF LEMONT,COOK, WILL AND.DU'PAGE'COUNTIES; -ILI40.11dIS:-ALL OF WHICH IS CORRECTLY SHOWN ON THE PLAT MEREOWDRAWW.: DIMENSIONS ARE GIVEN IM FEET AND DECIMAL • ‘-:..PARTSTHERCOF. -.-.GIVEN ODER. MY HAND Nd SEAL ATt PALOS PARK /LLINOLS,' • ./3•=''' DAY OF /•4i- . 41111 . E. 5 SCIi-Pi.S 11103 4...0*;.,,i. • . '' ....', • i i 1.4* .:.......5.. l ...... t ,,,,, ... ) i '.....• ' • . ... g• .- - '' lc..., ..;:i?:1.. .--) .).,san...c : •,- ?.,23 • . • . • 6...6- c., : f„,. •:: . ::•°:1? /. l'.. ',a '......•..... .. ... , , • • , ■•• • • • • • • 744,e • ig,.2.-44.scAl,-.,LkS • • • 0174::, O. 7.2f .5_7-A7-ere -77 '• /4,-94e 44744 • • • • •• • I ••••• ••• •