O-731-92 05/11/92ITEM VI. B. 1
S243'423
VILLAGE OF LEMONT
ORDINANCE NO. 23/
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 7.25 ACRE PARCEL LOCATED AT THE
EAST END OF 130TH STREET FOR DEVELOPMENT OF A
SINGLE - FAMILY SUBDIVISION TO BE KNOWN AS
OAK CREEK ESTATES
9-3/1-'3/123
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DEFT -:I RECORDING $49.50
T'2222 TRAM 6810 06/16/92 12.47400
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COOK. COUNTY RECORDER
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
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, Illinois, this // day
of , 1992.
1992.
ORDINANCE NO.
73/
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 7.25 ACRE PARCEL LOCATED AT THE
EAST END OF 130TH STREET FOR DEVELOPMENT OF A
SINGLE - FAMILY SUBDIVISION TO BE KNOWN AS
OAK CREEK 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 s "OAK CREEK ESTATES ANNEXATION AGREEMENT" dated they/ day
of ,�,� , 1992, (a copy of which is attached hereto and
made a p rt (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, DuPAGE, AND WILL,
ILLINOIS, on this // day of � , 1992.
AYES NAYS PASSED ABSENT
Kenneth Bromberek (/
Barbara Buschman
Bert Ercoli G✓
Richard Kwasneski
William Margalus
Ralph Schobert
CHARLENE SMOLLEN, Village Clerk
Approved by me this // day of ,1992.
Attest:
CHARLENE SMOLLEN, Village Clerk
Mail to:
Village of Lemont
418 Main Street
Lemont, IL 60439
Parcel Number: 22 -32- 203 -023
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this // 7 X- day of _
n47 , 1991, between VILLAGE OF LEMONT, a municipal
corporation of the County of Cook, in the State of Illinois
(hereinafter referred to as "VILLAGE ") and FIRST NATIONAL BANK OF
LOCKPORT, AS TRUSTEE, UNDER TRUST AGREEMENT DATED SEPTEMBER 17, 1991,
KNOWN AS TRUST NO. 72 -22280 (hereinafter referred to as "OWNER ").
WITNESSETH:
WHEREAS, OWNER is the owner of record of the real estate
(hereinafter referred to as "SUBJECT PROPERTY), 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 develop the SUBJECT PROPERTY consistent
with a certain site plan hereinafter described; and,
WHEREAS, the parties hereto desire the SUBJECT PROPERTY which is
contiguous to the VILLAGE, 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 SUBJECT PROPERTY,
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 Chapter 24, Article 11,
Division 15.1 of the Illinois Revised Statutes, to enter into an
Agreement with respect to Annexation of the SUBJECT PROPERTY 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, the corporate authority of the VILLAGE has considered the
Annexation and development of the SUBJECT PROPERTY described in the
Petition and has determined that the best interest of the VILLAGE would
be met if the SUBJECT PROPERTY is annexed to the VILLAGE and developed
in accordance with the provisions of the Agreement; and,
WHEREAS, any fire protection district, library district and other
entity or person entitled to notice prior to annexation of the SUBJECT
PROPERTY to the VILLAGE has been given notice thereof by the VILLAGE as
required by law.
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 SUBJECT PROPERTY to be
validly annexed to the VILLAGE as promptly as possible upon the
execution of this Agreement.
2. The Plat of Annexation of said SUBJECT PROPERTY 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 SUBJECT PROPERTY so annexed.
II
ZONING AND LAND USE RESTRICTION
Upon the Annexation of the SUBJECT PROPERTY to the VILLAGE, the
parcel described in Exhibit "A" shall be classified under the existing
zoning ordinance as follows:
LAND USE ZONING ACRES
Single Family Residential R -2 7.25
III
FEES, BUILDING ORDINANCES, PERMITS AND GENERAL MATTER
The OWNER agrees to comply in all respects with all present
applicable provisions of the VILLAGE Building Codes in connection with
the construction of building on the SUBJECT PROPERTY. The OWNER
further agrees to pay all fees, reimburse the VILLAGE for planning,
engineering, and legal fees incurred as a result of the OWNER'S .
C:J
proposal and obtain all permits required by the present VILLAGE
Ordinances. The OWNER further agrees that all present ordinances of
the VILLAGE relating to subdivision controls, zoning, official plan and
building, housing, and related restrictions shall apply to the
development of the SUBJECT PROPERTY which is subject to the Agreement,
except as may be modified by the mutual consent of the parties or by
this Agreement.
IV
PRELIMINARY PLAT APPROVAL
City agrees to approve a preliminary plat for a subdivision on the
subject premises under the provisions of the Subdivision Ordinance of
the VILLAGE as modified herein providing for a single family
residential development, a copy of which preliminary plat is attached
hereto and marked Exhibit "C ". Developer agrees that the subject
premises shall be developed only in accordance with the plan as shown
on said preliminary plat, as approved or subsequently amended, and
agrees to follow all of the procedures of the Subdivision Ordinance of
the VILLAGE in connection with such development except as modified
herein.
v
APPROVAL OF APPLICATIONS
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 requiredo
correction or revisions. C.
VI r4'
C.:
CONSTRUCTION OF IMPROVEMENTS
Upon completion of the construction of improvements, or any part
thereof, the OWNER shall request the VILLAGE Engineer to inspect the .
same. Within twenty -one (21) days after such request, the VILLAGE
Engineer and /or Public Works Director shall, in writing, advise the
OWNER of the condition of the improvement, what corrections, if any,
are necessary, and whether same shall be accepted by the VILLAGE. Upon
completion of the improvements or any part thereof, in accordance with
the plans and specifications thereof, the VILLAGE shall accept the same
upon deposit of a corporate guarantee for a one (1) year period after
acceptance.
The dedication of the improvements to the VILLAGE shall be deemed
accepted upon formal action of acceptance by the corporate authorities
of the VILLAGE, and the delivery by the OWNER of a properly executed
Bill of Sale for all improvements contained within the dedication.
VII
CONSTRUCTION OF IMPROVEMENTS
Upon completion of the construction of improvements, or any part
thereof, the OWNER shall request the VILLAGE Engineer to inspect the
same. Within twenty -one (21) days after such request, the VILLAGE
Engineer and /or Public Works Director shall, in writing, advise the
OWNER of the condition of the improvement, what corrections, if any,
are necessary, and whether same shall be accepted by the VILLAGE. Upon
completion of the improvements or any part thereof, in accordance with
the plans and specifications thereof, the VILLAGE shall accept the same
upon deposit of a corporate guarantee for a one (1) year period after
acceptance.
The dedication of the improvements to the VILLAGE shall be deemed
accepted upon formal action of acceptance by the corporate authorities
of the VILLAGE, and the delivery by the OWNER of a properly executed
Bill of Sale for all improvements contained within the dedication.
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, insofar as possible, give advance notice to the OWNER of its
intention to issue stop orders so that OWNER shall have any 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 to the
public or personnel employed 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 SUBJECT
PROPERTY or development of it under this Agreement.
IX
DAMAGE TO PUBLIC IMPROVEMENTS
OWNER shall replace and repair damage to public improvements
installed within, under or upon the Subject Realty resulting from
construction activities by OWNER, their successors or assigns and their
employees, agents, contractors or subcontractors during the term of
this Agreement, but shall not be deemed hereby to have released the
other party from liability or obligation in this regard.
OWNER shall have no obligation hereunder with respect to damage
resulting from ordinary usage, wear and tear.
X
CERTIFICATE OF OCCUPANCY
Within five (5) days after request by OWNER for a final inspection
of a building within the Development, the VILLAGE shall issue a final
certificate of occupancy for such building or such issue a letter of
denial of a certificate of occupancy identifying the corrections
necessary as a condition to issuance of a certificate of occupancy and
specifying the section of the Building Code relied upon by the VILLAGE
in its request for correction. If, after final inspection or
reinspection, the VILLAGE'S inspector does not request in writing
correction of any items, immediate occupancy of the building shall be
permissible.
XI
WATER AND SEWER
The OWNER acknowledges that municipal water mains are not
available to the SUBJECT PROPERTY and that the VILLAGE will allow
individual wells and sewage disposal systems to be installed hereafter
as long as a governmental water and sewer system is not available as
defined under the VILLAGE Zoning and Subdivision Ordinance. The Owner
further agrees that the individual sewage disposal systems shall be
standard septic systems and shall not include above ground open4N
Li
discharge systems even if such systems shall be acceptable to theA
Li
Village of Lemont.
XII
VARIATIONS FROM SUBDIVISIONS AND ZONING ORDINANCES
Notwithstanding the terms of the Subdivision and the Zoning
Ordinance, the OWNER is hereby granted the following Variances:
The Village agrees that there shall be a dedication of Lemont
Street along the West property line of the subject property. This
dedication shall be a full 66' dedication. However, the Village shall
not require the developer to make any improvements on Lemont Street.
XIII
130TH PLACE IMPROVEMENTS
The Owner agrees to provide a photographic record of the condition of
existing 130th Place, or other means acceptable to the Township Highway
Commissioner, before, during, and following construction is furnished
by the Developer. The damage caused to 130th Place by this
development should be the responsibility of the developer. The Owners
agrees to dedicate to the Lemont Township Highway Commissioner the sum
of $4,000.00 for additional costs incurred by the Lemont Township
Highway Commissioner in the anticipated resurfacing of 130th Place.
The Owner further agrees to provide a letter of credit to the Lemont
Township Highway Commissioner separate and apart from any and all bonds
or letters of credit to be provided to the Village under this Agreement
or under any Ordinance or regulation of the Village. The Owner further
agrees to immediately make repairs to the existing 130th Place roadway
caused by construction vehicles working in or servicing the subject
q�=e
property. The Lemont Township Highway Commissioner shall work with the
Owner to identify all persons causing damage to 130th Place.
XIV
MISCELLANEOUS
(a) All provisions, conditions, and regulations as set forth in
this Agreement and the documents or plans to which it refers shall
supersede all VILLAGE ordinances, codes and regulations that are in
conflict therewith as they may apply to the SUBJECT PROPERTY. However,
where this Agreement is silent, the VILLAGE ordinances shall apply and
control.
(b) Notwithstanding any other provisions contained herein to the
contrary with respect to the SUBJECT PROPERTY, the Agreement shall be
effective for a term of twenty (20) years from the date hereof or, if
longer, the longest term permitted by law.
(c) This Agreement shall bind the heirs, successors, and assigns
of the OWNERS, the VILLAGE, the Corporate Authorities and their
successors in office. This Agreement shall inure to the benefit of the
parties hereof, their successors and assigns, provided that the OWNERS
shall have no right to assign this Agreement except in connection with
conveyances of all or any portion of the SUBJECT PROPERTY.
(d) Nothing herein shall in any way prevent the alienation,
encumbrance or sale of the SUBJECT PROPERTY or any portion thereof and
the new OWNER or OWNERS shall be both benefitted and bound by the
conditions and restrictions herein expressed.
(i) Within thirty (30) days after the execution hereof, the
text of this Agreement (or a suitable memorandum hereof) shall be
recorded at the sole cost and expense of the OWNER in the Office of the
Recorder of DuPage County, Illinois.
(ii) It is further agreed that any party to this Agreement
either in law or in equity, by suit, action, mandamus or other
proceeding may enforce or compel the performance of this Agreement, or
have such relief for the breach thereof as may be authorized by law or
which by law or in equity is available to them.
(e) It is understood by the parties hereto that time is of the
i
essence of this Agreement. It is further understood that upon the
occurrence of a default of any of the provisions of this Agreement,
which default continues for ten (10) days after a notice specifying
such default is given the defaulting party, the injured party hereto
may in law or in equity, by suit, action, mandamus or other proceeding,
including specific performance, enforce or compel the performance of
this Agreement by such defaulting party.
(f) The OWNER and the VILLAGE further agrees to release and
discharge one another from any claim or cause of action resulting from
any defect or invalidity of this Agreement.
(g)
In the event any portion of the Agreement or part thereof
shall be deemed invalid, such invalidity of said provision or part
thereof shall not affect the validity of any other provision hereof;
provided, however, any invalidity of Sections I, II or III of this
Agreement shall, at the option of OWNER, make this entire Agreement
void and of no force or effect, whereupon the Parcel shall be promptly
deannexed from the VILLAGE.
(h) Unless stated otherwise elsewhere herein, any notice required
or permitted under this Agreement shall be in writing and shall be
deemed given when mailed by registered or certified mail.
If to the OWNERS:
First National Bank of Lockport,
as Trustee, Trust No. 72 -22280
800 S. State St.
Lockport, IL 60441
and
rf
James Bambrick
15543 127th St. .-
Lemont, IL 60439,
If to the VILLAGE:
Village of Lemont
418 Main St.
Lemont, IL 60439
and
John Antonopoulos
15419 127th St.
Lemont, IL 60439
(i) The amendment of
any existing ordinance
of the VILLAGE shall
not hereafter be effective against the Parcel during the term of this
Agreement. However, in the event any provision of such amendment
be less restrictive than the existing
successors may elect to be bound by
may affect the SUBJECT PROPERTY.
IN WITNESS WHEREOF, the parties
such
shall
law, the OWNERS or their
provision as such amendment
hereto have
to be executed on the day and year first above
written.
ATTEST: �a
VILLAGE CLERK
THIS INSTRUMENT IS EXECUTED BY THEI
FIRST NATIONAL BANK OF LOCKPORT
NOT PERSONALLY BUT SOLELY AS TRUSTEE AS AFORESAlIia
ALL THE COVENANTS AND
CONDITIONS TO BE PERFORMED HEREUNDER
BY THE FIRST NATIONAL BANK OF LOCKPORT
ARE UNDERTAKEN BY IT SOLELY AS TRUSTEE
AS AFORESAID AND NOT INDIVIDUALLY
AND NO PERSONAL LIABILITY
SHALL BE ASSERTED OR BE ENFORCEABLE
AGAINST THE FIRST NATIONAL BANK OF LOCKPORT
BY REASON OF ANY OF THE COVENANTS
STATEMENTS, REPRESEN1ATIONS OR
WARRANTIES CONTAINED IN THE INSTRUMENT.
caused this Agreement
VILLAGE OF LEMONT AND THE
CORPORATE AUTHORITY THEREOF
BY:
FIRST
TRUST
NATIONAL BANK
E , RU.
J{ 12,G FL�*-7�GE
OF LOCKPORT, AS
-2228) �Ce iliG�J
EXHIBIT A
LEGAL DESCRIPTION
That part of Lot 6 in County Clerks division of Section 32,
Township 37 North, Range 11, East of the Third Principal Meridian,
described as follows: Commencing at the Northwest corner of said
Lot 6; thence East 668 feet along the North line of said Lot 6;
thence South 365 Feet on a line normal to said North line; thence
Southwesterly 160 Feet more or less, to a point described as
follows: (Commencing at a point on the South line of said Lot 6,
a distance of 710.80 feet Westerly of the Southeast corner of the
Northeast quarter of said Section 32; thence Northwesterly at an
angle of 106 - 50, with the South line of said lot 6, 200 Feet to
said point); thence Westerly 557.55 Feet to a point on the West
line of said Lot 6,179.53 Feet North of the Southwest corner of
said Lot 6; thence Northerly 493.02 Feet along last said West line
to the place of beginning, all in Cook County, Illinois.
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PLAT OF ANNEXATION
NORTHWEST CORNER
or- Lor Co.
TO THE VILLAGE OF LEMONT
COOK COUNTY, ILLINOIS
&et AI
•
H E R E B Y
557.57,
889°- 3Co' -27 "W
SOUTI. %J ST CorzNER
/op LOT Co.
NOR H L /NE o,c Lor Co
ANNEXED
c_
7/0.80'
SOUTH LINe. of LOT Co.
Yo 40 GO ao /00 /50 moo
cfcgk /: /O '
P.I.N. 22 -32- 203 -023
SouTHL5AST CORNER op.
ofzTH EAST QUARTER OF
SecTroN 32-37-!1.
LEGAL DESCRIPTION:
That part of Lot 6 ,rl County Clerks Division of Section 32, Township 37 North, Range 11, East of
the Third Principal Meridian, described as follows: commencing at'the Northwest corner of said
Lot 6; thence South 89 °IO'55" East 668 teet along the North line of said Lot 6; thence South
0 °49'05" West 365 feet; thence South 44 °19'55" West 160.80 feet to a point described as follows:
(commencing at a point on the South line of said Lot 6, a distance of 710.80 feet Westerly of the
Southeast corner of the Northeast Quarter of said Section 3-', thence Northwesterly at an angle of
106° - 50' with the South line of said Lot 6 200feet to said point); thence South 89°36'27" West
557.57 feet to a point on the West line of said Lot 6, 179.53 feet North of the Southwest corner
of said Lot 6; thence North 0 °50'11" East 493.39 feet along last said West line to the Place_of
beginning, containing 7.31 acres more or less, all in Cook County, Illinois.
APPROVED By the President and Board of Trustees of the Village of Lemont, Cook County, Illinois,
at a meeting held on the //r,' day of /1;r y , , A.D. 1992.
/
BY:
STATE OF ILLINOIS
S J .
COUNTY OF W I T.
JOSEPH A.
and under
SCHUDT & ASSOCIATES hereby certifies that the plat hereon drawn has been prepared at
their supervision from official plats and records.
Frankfort, IllinoiE,
JOSEPH A. SCHUDT & ASSOCIATES
cA 6- , A.D. 1992.
BY: _ . -
Illinois •Profer'ional Land Surveyor U. 1553
THIS DOES NOT REQUIRE THE COUNTY CLERK'S ENDORSEMENT
REQUIRED IN SECTION 516 CHAPTER 120 REVENUE LAW Of
.LLINOIS,
DATE
COUNTY CLERK
9i -7z