O-903-95 09/11/9596240370
Ef , -01 RECORDING
COOK COUNT RECORDER
VILLAGE OF LEMONT
ORDINANCE NO. 903
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 10 ACRE PARCEL
GENERALLY LOCATED SOUTH OF 127th STREET
AND WEST OF ARCHER AVENUE
(Fricker and St. Matthews Evangelical Lutheran Church)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This 4,/arE day o
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of L- - ont, Cook, Will and Page
Court ties„ Illinois, this �Ll -uay
of w.I %! i/ r
95.
1995.
tig
•
ORDINANCE NO. 9Q3
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR A 10 ACRE PARCEL
GENERALLY LOCATED SOUTH OF 127th STREET
AND WEST OF ARCHER AVENUE
(Fricker and St. Matthews Evangelical Lutheran Church)
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 "KENNETH and JOANNE FRICKER AND ST. MATTHEWS EVANGELICAL
LU/ ERAN C,URCH ANNEXATION AGREEMENT" dated the day of
1■4 0�% 995, (a copy of which is attached hereto and made
t 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 LEMO T, COUNTI S OF COOK, DuPAGE, AND WILL,
ILLINOIS, on this,/ day of o p�rt� , 1995.
Barbara Buschman
Alice Chin
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Approved by me this/
Attest:
AYES NAYS PASSED ABSENT
mARLENE SMOLLEN, Village Clerk
C'ARLENE SMOLLEN, Village Clerk
Mail to:
Village Clerk
Village of Lemo
418 Main Street
Lemont, IL 60439
22 -33- 200 -002;
KWASNESKI, Village President
tiO
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ANNEXATION AGREEMENT
ARTICLE TITLE PAGE NO.
I. Annexation 2
II. Zoning and Land Use 3
III. Conveyance of a Portion of Parcel 1
of the Territory to the Village 4
IV. Village Development of Public
Works Site 5
V. Village and St. Matthew Rights -
of -First Refusal 5
VI. Easements and Rights -of -Way 6
VII. Fees, Building Ordinances, Permits
and General Matters 6
VIII. Future Residential Development -
Contributions and Annexation Fee 6
IX. Approval of Plans 7
X. Notice of Violations 7
XI. Damage to Public Improvements 7
XII. Terms of this Agreement - Covenant
Running with the Land 7
EXHIBITS
EXHIBIT TITLE
A Legal Description of Parcel 1
B Legal Description of Parcel 2
C Plat of Annexation for Parcel 1
D Legal Description of Public Works Site
E Intercounty Title Company of Illinois
Title Commitment No. S1423696
ANNEXATION AGREEMENT
This ANNEXATION AGREEMENT, made and entered into as of the
llth day of September, 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
property owners KENNETH and JoANNE FRICKER (hereinafter referred to
as "OWNER OF RECORD "), and Contract Purchaser, ST. MATTHEW EV.
LUTHERAN CHURCH OF LEMONT, an Illinois not- for - profit corporation
(hereinafter referred to as "ST. MATTHEW ").
WITNESSETH:
WHEREAS, the OWNER OF RECORD owns two parcels of real estate,
the legal descriptions of which are attached as Exhibit "A" (herein
referred to as "Parcel 1 ") and Exhibit "B" (herein referred to as
"Parcel 2 ") and by this reference made a part hereof. Parcel 1 and
Parcel 2 are hereinafter sometimes collectively referred to as the
"TERRITORY "; and
WHEREAS, the OWNER OF RECORD and ST. MATTHEW have entered into
an agreement for the sale of Parcel 1 and an option to purchase
Parcel 2; and
WHEREAS, the OWNER OF RECORD and ST. MATTHEW have submitted to
the VILLAGE a Petition for Annexation; and
WHEREAS, the parties desire that the TERRITORY, when made
contiguous to a VILLAGE boundary, be annexed to the VILLAGE on the
terms and conditions hereinafter set forth; and
WHEREAS, the OWNER OF RECORD, ST. MATTHEW and the 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, resulting from
this annexation shall extend to the far side of every highway and
shall include all of every highway so annexed; and
1
WHEREAS, the VILLAGE has identified a portion of Parcel 1 of
the TERRITORY, consisting of approximately 1.25 acres, as a site
for future expansion of the adjacent VILLAGE Public Works
Department building and grounds, including a new community water
well site; and
WHEREAS, ST. MATTHEW is willing to cause the conveyance by
OWNER OF RECORD of said 1.25 acre portion of Parcel 1 to the
VILLAGE for the consideration set forth in this Agreement; and
WHEREAS, the parties desire, pursuant to 15 ILCS 5/11- 15.1 -1,
to enter into an agreement with respect to annexation of the
TERRITORY and various other matters; and
WHEREAS, pursuant to the provisions of the Statute, the
Corporate Authorities of said VILLAGE have duly fixed a time for
and held a hearing on the Annexation Agreement and has given notice
of said hearing; and
WHEREAS, the Corporate Authorities of the VILLAGE have
considered the annexation of the TERRITORY described in the
Petition and has determined that the best interest of the VILLAGE
will be met if the TERRITORY is annexed to the VILLAGE and
developed in accordance with the provisions of this 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 Article 7 of the Illinois
Municipal Code, and subject to ST. MATTHEW closing on the sale and
purchase of Parcel 1 of the TERRITORY, the parties hereto
respectively agree to do all things necessary or appropriate to
cause Parcel 1 of 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 Parcel 1 of the TERRITORY is
attached hereto as Exhibit "C ". Said Plat extends to the far side Cot
of any adjacent highway and includes all of every highway within •¢)
Parcel 1 of the TERRITORY so annexed. 4)
3. Parcel 2 of the TERRITORY will be annexed to the VILLAGE,'
only in the event ST. MATTHEW exercises its option to purchase isj
Parcel 2, or the VILLAGE exercises its right -of -first refusal as 0
set forth in Article IV below. A Plat of Annexation for parcel 2
shall be prepared at the time of said annexation by either the
VILLAGE or ST. MATTHEW depending upon the ownership of Parcel 2.
2
II.
ZONING AND LAND USE
1. Upon annexation of the TERRITORY, or any part thereof, to
the VILLAGE, the VILLAGE shall adopt an ordinance which classifies
the TERRITORY, or any part thereof, as R -4 Single- Family Residence
District and amends the official Zoning Map of the VILLAGE
accordingly.
2. Upon annexation of the TERRITORY, or any part thereof, to
the VILLAGE, the VILLAGE shall adopt an ordinance granting a
special use permit to allow the establishment of a "Church, and
Church - Related Uses," subject to the following conditions:
A. Permitted Uses. "Church, and Church - Related Uses"
shall include the following uses, which may be housed in one or
more buildings:
(i) A Ministry Center, i.e., rooms and facilities used
for organizational meetings, counseling, religious
instruction, social activities, and offices;
(ii) A Worship Center, i.e., rooms and facilities used
for public assembly and worship;
(iii) Adult day care;
(iv) Pre - school and /or children's day care;
(v) Recreational buildings and structures;
(vi) Banquet hall or banquet room;
(vii) School;
(viii) Parsonage and /or staff housing; and
(ix) Other uses customarily incident to a church or
house of worship, including, but not limited to,
physical plant, garages, storage sheds, library,
theater, kitchen and cafeteria.
Additionally, until future development of the TERRITORY
in accordance with this Agreement, ST. MATTHEW shall be allowed to
farm (or lease to a third party for farming) the TERRITORY, or any
part thereof.
B. Development Regulations. Future development of the
"Church, and Church- Related Uses" shall be in accordance with the
VILLAGE Zoning Ordinance No. 426, the Building Code of the VILLAGE,
and any other applicable ordinances of the VILLAGE, as amended from
time to time.
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3. ST. MATTHEW and the VILLAGE agree that no portion of the
TERRITORY shall developed unless an acceptable final plat of
subdivision or (if the proposed development is a unified
development not requiring subdivision) a site plan, including final
engineering plans and specifications, has been submitted to and
approved by the VILLAGE, in accordance with the Zoning Ordinance,
Subdivision Regulations and other applicable ordinances of the
VILLAGE. Said subdivision plans or site plans shall demonstrate
conformity of the building and development proposal to all
applicable VILLAGE ordinances. Provided, however, that any site
plan review for uses consistent with this Article II shall only
require review by VILLAGE staff and shall not require further
public hearings.
III.
CONVEYANCE OF A PORTION OF PARCEL 1
OF THE TERRITORY TO THE VILLAGE
1. Subject to the provisions of this Article III, at the
closing of the sale and purchase of Parcel 1 of the TERRITORY
between ST. MATTHEW and OWNER OF RECORD, OWNER OF RECORD shall
convey to the VILLAGE by a general Warranty Deed a portion of
Parcel 1 containing approximately 1.25 acres in area generally
located at the northeast corner of Parcel 1. Said 1.25 acres is
legally described on Exhibit "D," attached hereto and made a part
hereof (hereinafter referred to as the "Public Works Site "). The
VILLAGE shall use the Public Works Site for a future Public Works
Department building and grounds, including community water supply
facilities.
2. Conveyance of the Public Works Site shall be subject to
the conditions, as applicable to the Public Works Site, stated in
Intercounty Title Company of Illinois Commitment No. S1423696,
dated July 27, 1995 (excepting therefrom Schedule B, Items Nos. 2
and 4), a copy of which is attached hereto as Exhibit "E ". The
Exhibit "E" Title Commitment shall be conclusive evidence of good
title as therein shown as to all matters insured by the Owner's
Policy, subject only to the exceptions as stated therein. Except
for the Warranty Deed, an Affidavit of Title and Real Estate
Revenue Declarations, as required, neither OWNER OF RECORD or ST.
MATTHEW shall have any obligation to provide VILLAGE any other
documents to convey the Public Works Site to the VILLAGE.
3. As consideration for the conveyance of the Public Works
Site to the VILLAGE, including consideration for all environmental,
engineering, archeological and legal due diligence work, as well as
contract preparation and closing work completed by ST. MATTHEW in
reviewing and acquiring Parcel 1 of the TERRITORY, the Village
shall:
A. Deposit the sum of EIGHTY -EIGHT THOUSAND THREE
HUNDRED FIFTY -THREE AND 32/100 DOLLARS ($88,353.32) by wire
4
transfer of funds or Cashier's Check into the Closing Escrow at
Intercounty Title Company of Illinois on the date of the closing of
Parcel 1 of the TERRITORY between ST. MATTHEW and OWNER OF RECORD;
B. Waive all fees, costs and expenses which would have
normally and customarily been paid by ST. MATTHEW in connection
with the annexation, rezoning and granting of a special use permit
for Parcel 1 of the TERRITORY. Said waiver of fees and costs is
intended to be all- inclusive, including, but not limited to,
application fees, hearing fees, public notice fees, staff review
fees, recording fees, VILLAGE attorney fees, and the like.
Additionally, VILLAGE and ST. MATTHEW shall each pay a pro -rata
share of the cost of the preparation of the Exhibit "C" Plat of
Annexation for Parcel 1 of the TERRITORY.
Iv.
VILLAGE DEVELOPMENT OF PUBLIC WORKS SITE
1. The VILLAGE shall develop the Public Works Site in a
manner that will provide substantial landscape screening and
buffering to adequately screen the Public Works Site from the
remainder of Parcel 1 of the TERRITORY to be developed by ST.
MATTHEW. Such screening shall include visual screening and
buffering and, if necessary, in the reasonable judgment of ST.
MATTHEW, sound mitigation screening and buffering as well. ST.
MATTHEW shall have the right to reasonably approve VILLAGE's
landscaping, screening and buffering plans prior to VILLAGE's
development of the Public Works Site.
2. VILLAGE represents to OWNER that any development on, and
use of, the Public Works Site by VILLAGE will not, subject to
normal building and zoning code regulations, restrict or limit ST.
MATTHEW's development and use of the remainder of Parcel 1 of the
TERRITORY.
V.
VILLAGE AND ST. MATTHEW RIGHTS -OF -FIRST REFUSAL
1. ST. MATTHEW, as of the date of this Agreement, has
entered into an option agreement with OWNER OF RECORD to purchase
approximately 3.9 acres of property for the price of THREE HUNDRED
THOUSAND AND 00 /100 DOLLARS ($300,000.00), plus or minus applicable
prorations. Said Parcel 2 is legally described on Exhibit "B". If
ST. MATTHEW should decide not to exercise the option, it shall
provide notice to the VILLAGE not less than sixty (60) days prior
to the expiration date of the option to purchase. Upon such
notification, the VILLAGE shall have thirty (30) days to determine
whether a public purpose exists for the purchase of Parcel 2. If
the VILLAGE determines that a public purpose does exist,'it shall
notify ST. MATTHEW of the same in writing and simultaneously
provide the full amount of the purchase price to ST. MATTHEW. ST.
MATTHEW shall then exercise the option and direct OWNER OF RECORD
5
to convey Parcel 2 to the VILLAGE. All costs, including closing
costs and attorneys' fees, associated with the purchase of Parcel
2 shall be the responsibility of VILLAGE.
2. In the event VILLAGE shall decide, at any time hereafter,
to sell either the Public Works Site or (assuming it has acquired
same) Parcel 2 of the TERRITORY, it shall first offer in writing
the purchase of either the Public Works Site and /or Parcel 2 to ST.
MATTHEW. Thereupon, ST. MATTHEW shall have thirty (30) days to
determine that if it desires to purchase either the Public Works
Site or Parcel 2 and so notify VILLAGE in writing. Thereupon, ST.
MATTHEW and VILLAGE shall have an additional fifteen (15) days to
enter into an acceptable written contract for the sale and purchase
of said Parcel(s). In the event ST. MATTHEW does not exercise its
right -of -first refusal or ST. MATTHEW and the VILLAGE are unable to
enter into a written contract in the manner described herein, then,
and in that event, ST. MATTHEW'S right -of -first refusal shall be
terminated.
VI.
EASEMENTS AND RIGHTS -OF -WAY
1. ST. MATTHEW. agrees to grant to the VILLAGE and other
governmental units, easements for utilities, drainage, access and
other public purposes as necessary upon approval of development
plans.
2. ST. MATTHEW agrees to dedicate to the public fifty (50)
feet of right -of -way along the 127th Street and Archer Avenue
frontages of the TERRITORY, measured from the centerline of the
roadways to the TERRITORY.
VII.
PEES, BUILDING ORDINANCES, PERMITS AND GENERAL MATTERS
ST. MATTHEW agrees to comply in all respects with all then
applicable provisions of the VILLAGE Building Codes in connection
with the construction of buildings or structures in the TERRITORY.
Except for the fees abated by this Agreement, ST. MATTHEW further
agrees to pay all fees and reimbursable expenses incurred as a
result of ST. MATTHEW's proposal and obtain all permits required by
present and future VILLAGE ordinances.
VIII.
FUTURE RESIDENTIAL DEVELOPMENT -
CONTRIBUTIONS AND ANNEXATION FEE
If ST. MATTHEW, or any successor in title to ST. MATTHEW,
develops any portion of the TERRITORY for residential subdivision
purposes, not consistent with Article II of this Agreement, ST.
MATTHEW, or its successor in title, shall make cash contributions
and pay an annexation fee, at the time a final plat of subdivision
6
;F
is filed with the VILLAGE, in accordance with the ordinances of the
VILLAGE.
I8.
APPROVAL OF PLANS
The VILLAGE agrees to expeditiously take action to approve or
disapprove all plats, plans and engineering submitted to the
VILLAGE by ST. MATTHEW. If the VILLAGE determines that any such
submission is not in substantial accordance with this Agreement and
applicable ordinances, the VILLAGE shall promptly notify ST.
MATTHEW in writing of the specific objection to any such submission
so that ST. MATTHEW can make any required corrections or revisions.
x.
NOTICE OF VIOLATIONS
The VILLAGE will issue no stop work orders directing work
stoppage on the building or parts of the project without giving
notice of the section of the Code allegedly violated by ST.
MATTHEW, so ST. MATTHEW may forthwith proceed to correct such
violations as may exist. Moreover, ST. MATTHEW 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 employed on or near the site. The VILLAGE shall provide
ST. MATTHEW notice as required by statute of any matter, such as
public hearings, proposed building code changes and policy changes
or other matters which may affect the TERRITORY or development of
it under this Agreement.
%I.
DAMAGE TO PUBLIC IMPROVEMENTS
ST. MATTHEW shall replace and repair any damage to public
improvements installed within, under or upon the subject realty
resulting from construction activities by ST. MATTHEW, their
successors or assigns and their employees, agents, contractors or
subcontractors during the term of this Agreement. ST. MATTHEW
shall have no obligation hereunder with respect to damage resulting
from ordinary usage, wear and tear.
%II.
TERMS OF THIS AGREEMENT - :7`)
COVENANT RUNNING WITH THE LAND
Nwar
This Agreement constitutes a covenant running with the land
and binding upon all grantees, successors and assigns for'a period
of twenty (20) years. The parties agree that the TERRITORY shall CD
be developed only in accordance with the plan as shown on the
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preliminary plat of subdivision, as approved or as subsequently
amended and approved by the VILLAGE.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed on the day and year first above written.
VILLAGE OF LEMONT and the
Corporate Authorities Thereof
Village Clerk
OWNER OF RECORD
KENNETH RICK
ST. MATTHEW EV. LUTHERAN
CHURCH OF LEMONT, an Illinois
not - for - profit corporation
8
By:
STATE OF ILLINOIS )
SS.
COUNTY OF C 0 0 K )
I, the undersigned, a Notary Public in and for the County and
State aforesaid, DO HEREBY CERTIFY that the above -named JOANNE
FRICKER, personally known to me to be the same person whose name is
subscribed to the foregoing instrument as such appeared before me
this day in person and acknowledged that she signed and delivered
the said instrument as her own free and voluntary act for the uses
and purposes therein set forth.
IVEN under my hand and notarial seal this day of
, 1995.
Commission Expires:
bd4A-v
STATE OF ILLINOIS )
SS.
COUNTY OF C 0 0 K )
"OFFICIAL SEAL'
RICHARD J. SKRODZKI
ublic. tat. i Illinois
My Commission Expires Deb: 7, 1998
I, the undersigned, a Notary Public in and for the County and
State aforesaid, DO HEREBY CERTIFY that the above -named KENNETH
FRICKER, personally known to me to be the same person whose name is
subscribed to the foregoing instrument as such appeared before me
this day in person and acknowledged that he signed and delivered
the said instrument as his own free and voluntary act for the uses
and purposes therein set forth.
I#A'JtGVEN under my hand and notarial seal this
, 1995.
Commission Expires:
day of
Notary public
"OFFICIAL SEAL"
RICHARD J. SKRODZKI
Notary rublu ,tat. n Illinois
My Commission Expires Dec. 7, 1998
STATE OF ILLINOIS )
SS.
COUNTY OF C 0 0 K )
I, the undersigned, a Notary Public in and for the County and
State aforesaid, DO HEREBY CERTIFY that John Poellot , Dina M.
Grube John Madsen Bonnie Jakusz and Gary Hartz
personally known to me to be the Directors of ST. MATTHEW EV.
LUTHERAN CHURCH OF LEMONT, an Illinois not - for - profit corporation,
and personally known to me to be the same persons whose names are
subscribed to the foregoing instrument, appeared before me this day
in person and severally acknowledged that as such Directors they
signed and delivered the said instrument, as their free and
voluntary act, and as the free and voluntary act and deed of said
corporation, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this 20th
September , 1995.
Commission Expires: December 7, 1998
STATE OF ILLINOIS )
SS.
COUNTY OF C 0 0 K )
Nod 'AP$i�llic
RICHARD J. SKRODZKI
Notary Public, State of Illinois
My Commission Expires Coo, 7, 1998
day of
I, the undersigned, a Notary Public in and for said County and
State DO HEREBY CERTIFY that RICHARD A. KWASNESKI and CHARLENE M.
SMOLLEN, personally known to me to be the Village President and
Village Clerk of the VILLAGE OF LEMONT, and personally known to me
to be the same persons whose names are subscribed to the foregoing
instrument, appeared before me this day in person and severally
acknowledged that as such Village President and Village Clerk, they
signed and delivered the said instrument as Village President and
Village Clerk of said VILLAGE OF LEMONT, and caused the corporate
seal of said corporation to be affixed thereto, pursuant to the
authority granted by the Corporate Authorities of the VILLAGE OF
LEMONT as their free and voluntary act, and as the free and
voluntary act, for the uses and purposes therein set forth.
r_ Given under my hand and official seal, this III' day of
A.Ai"emb ,'r , 1995.
My Commission
iQ EJJCIAL SEAL "
S
NOTARY PUBLIC, STATE Of ILLINOIS
MY COMMISSION EXPIRES 8/12/96
,f)S
Notary i'u•lic
EXHIBIT "A"
TO
ANNEXATION AGREEMENT BETWEEN THE VILLAGE
OF LEMONT, KENNETH AND JOANNE PRICKER AND
ST. MATTHEW EV. LUTHERAN CHURCH OF LEMONT
LEGAL DESCRIPTION OF PARCEL 1 (10 ACRES)
THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 33, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, LYING NORTHWESTERLY OF THE CENTER LINE OF
ARCHER ROAD, IN COOK COUNTY, ILLINOIS.
EXHIBIT "B"
TO
ANNEXATION AGREEMENT BETWEEN THE VILLAGE
OF LEMONT, KENNETH AND JOANNE PRICKER AND
ST. MATTHEW EV. LUTHERAN CHURCH OF LEMONT
LEGAL DESCRIPTION OF PARCEL 2 (3.95 ACRES)
THAT PART OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 11, EAST OF
THE THIRD PRINCIPAL MERIDIAN, LYING NORTHWESTERLY OF THE CENTER
LINE OF ARCHER ROAD (EXCEPT THE WEST 1/4 ACRE THEREOF), IN COOK
COUNTY, ILLINOIS.
EXHIBIT "C"
TO
ANNEXATION AGREEMENT BETWEEN THE VILLAGE
OF LEMONT, KENNETH AND JOANNE PRICKER AND
ST. MATTHEW EV. LUTHERAN CHURCH OF LEMONT
SEE ATTACHED
PLAT OF ANNEXATION FOR PARCEL 1 (10 ACRE PARCEL)
EXHIBIT "C"
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7
WEST LINE OF THE NE 1/4 OF THE
1-) LA11 O1 AN IN E XAT1 0 N 9;;0:370
TO THE VILLAGE OF LEMONT
OF:
THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 33,
TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING
NORTHWESTERLY OF THE CENTER LINE OF ARCHER ROAD, IN COOK COUNTY, ILLINOIS.
ALSO THOSE PARTS OF STREETS LYING ADJACENT TO AFORESAID PARCEL AND TO THE FAR
SIDE OF THE ROAD. AND EXCEPTING ANY LANDS ALREADY ANNEXED TO SAID VILLAGE OR
OTHER MUNICIPALITY.
VILLAGE UMFTS
. , .
7//////////,
127 TH 663.41' STREET •::-/
NORTH UNE OF TliE NORTHEAST 114 OF SICTIQN 33-37 1
•::::::„/
HEREBY ANNEXED
PART OF THE NORTHEAST 1/4 .:::•:/,,.4
OF THE NORTHWEST 1/4
OF THE NORTHEAST 1/4
OF SECTION 33-37-11
LYING NORTHWESTERLY OF THE
..::•:/ ,,,
CENTER LINE OF ARCHER ROAD • ;:i:/
• i:::::
HEREBY ANNEXED .-::■./ ,,-
613.97'
SOUTH LINE OF THE NE 1/4 OF THE NW 1/4 OF THE NE 1/4 OF SECTION 33-37-11
SCALE: 1" =100'
EXHIBIT "D"
TO
ANNEXATION AGREEMENT BETWEEN THE VILLAGE
OF LEMONT, KENNETH AND JoANNE PRICKER AND
ST. MATTHEW EV. LUTHERAN CHURCH OP LEMONT
LEGAL DESCRIPTION OF PUBLIC WORKS SITE (1.25 ACRE PARCEL)
THAT PART OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 33,
TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE
NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 33, THENCE
SOUTHERLY ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST
1/4 OF SAID SECTION 33, A DISTANCE OF 275.00 FEET; THENCE WESTERLY,
ALONG A LINE PARALLEL WITH THE NORTH LINE OF THE NORTHEAST 1/4 OF
SAID SECTION 33, A DISTANCE OF 100.00 FEET; THENCE NORTHERLY ALONG
A LINE PARALLEL WITH THE EAST LINE OF THE NORTHWEST 1/4 OF
NORTHEAST 1/4 SAID SECTION 33, A DISTANCE OF 65.00 FEET; THENCE
WESTERLY, ALONG A LINE PARALLEL WITH THE NORTH LINE OF THE
NORTHEAST 1/4 OF SAID SECTION 33 A DISTANCE OF 200.00 FEET; THENCE
NORTHERLY ALONG A LINE PARALLEL WITH THE EAST LINE OF THE NORTHWEST
1/4 OF THE NORTHEAST 1/4 SAID SECTION 33, A DISTANCE OF 210.00 FEET
TO A POINT ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION
33; THENCE EASTERLY ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF
SAID SECTION 33, A DISTANCE OF 300.00 FEET TO THE PLACE OF
BEGINNING, IN COOK COUNTY, ILLINOIS.
EXHIBIT "E"
TO
ANNEXATION AGREEMENT BETWEEN THE VILLAGE
OP LEMONT, KENNETH AND JOANNE FRICKER AND
ST. MATTHEW EV. LUTHERAN CHURCH OF LEMONT
SEE ATTACHED
INTERCOUNTY TITLE COMPANY OF ILLINOIS
TITLE COMMITMENT NO. 81423696
A.L.T.A. COMMITMENT
SCHEDULE A
Number S1423696 Effactiva Data: July 27, 1995
Unit E
1. Policy or Policies to be issuad:
Owner's: (1992 Alta)
Proposad Insured: Amount: $650,000.00
ST. MATTHEW EVANGELICAL LUTHERAN CHURCH OF LEMONT
Loan: (1992 Alta)
Proposed Insured: Amount: $400,000.00
LUTHERN CHURCH EXTENSION FUND - MISSOURI SYNOD
2. Tha astata or intarast in the land described or referred to
in this commitment and covered herein is faa simple, and
titla thereto is at the affactiva data heraof vested in:
KENNETH FRICKER AND JOANNE FRICKER, HIS WIFE, IN JOINT
TENANTS.
3. The land rafarrad to in this Commitment is described as
follows:
THAT PART OF THE NORTH EAST 1/4 OF THE NORTH WEST 1/4 OF THE
NORTH EAST 1/4 OPF SECTION 33, TOWNSHIP 37 NORTH, RANGE 11,
EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE
CENTER OF ARCHER ROAD, IN COOK COUNTY, ILLINOIS.
4. The mortgage or trust dead, harain rafarrad to as the
insurad mortgage, is described as follows:
TO COME.
INTERCOUNTY TITLE COMPANY
OF ILLINOIS
120 WEST MADISON STREET
CHICAGO, IL 60602
(312) 977 -4785
THIS COMMITMENT IS VALID ONLY IF SCHEDULE B IS ATTACHED
A.L.T.A. COMMITMENT
SCHEDULE B
Number S1423696
Schadula B of this policy or policias to be issued will contain
the axcaptions shown on inside front cover of this Commitment
and tha following exceptions, unlass same are disposed of to
tha satisfaction of the Company:
1. GENERAL REAL ESTATE TAXES FOR THE YEARS 1994 AND 1995. TAX
NUMBER 22 -33- 200 -002, VOLUME 62.
NOTE: THE AMOUNT OF THE 1993 TAXES WAS $222.22.
NOTE: THE FIRST INSTALLMENT OF THE 1994 TAXES HAS BEEN PAID,
$111.11.
NOTE: THE SECOND INSTALLMENT OF THE'1994 TAXES AND THE 1995
TAXES ARE NOT YET DUE AND PAYABLE.
NOTE: THE 1994 TAXES MAY CONTAIN AMOUNTS WHICH SHOULD HAVE
BEEN ASSESSED AND COLLECTED WITH THE 1993 TAXES PURSUANT TO
COURT ORDER ENTER IN CASE NUMBER 94 L 50748. ANY AMOUNT DUE
PURSUANT TO SAID ORDER WILL BE COLLECTED AS PART OF THE 1994
TAXES AND SPLIT EQUALLY BETWEEN EACH INSTALLMENT.
2. TRUST DEED DATED SEPTEMBER 30, 1988 AND RECORDED OCTOBER 13,
1988 AS DOCUMENT NO. 88471622, MADE BY KENNETH D. FRICKER
AND JOANN C. FRICKER, HIS WIFE, TO CHICAGO TITLE AND TRUST
COMPANY, AS TRUSTEE, TO SECURE AN INDEBTEDNESS OF
$150,000.00. (AFFECTS THE SUBJECT LAND AND OTHER PROPERTY)
3. EXISTING UNRECORDED LEASES, IF ANY.
Continued
A.L.T.A. COMMITMENT
Paga 2
Number S1423696
4. JUDGMENT ENTERED SEPTEMBER 21, 1989 AND NOVEMBER 20, 1989 IN
CIRCUIT COURT OF COOK COUNTY, CASE NUMBER 89L6420, IN FAVOR
OF CENTRAL PRODUCTION CREDIT ASSOCIATION, AS SUCCESSOR TO
FOX VALLEY PRODUCTION CREDIT ASSOCIATION AND AGAINST KENNETH
E. FRICKER AND JOANN C. FRICKER, HIS WIFE, FOR THE SUM OF
$31,902.44 AND $3,544.12.
NOTE: ATTORNEY FOR THE PLAINTIFF IS: THOMAS C. ZANCIK
NOTE: MEMORANDUM OF JUDGMENT RECORDED AS DOCUMENT NUMBER
89513106 AND 89568979.
NOTE: SHERIFF'S CERTIFICATE OF LEVY WAS RECORDED ON MAY 1,
1990 AS DOCUMENT NO. 90199387 IN REGARDS WITH CASE NO.
89L6420.
(AFFECTS THE SUBJECT LAND AND OTHER PROPERTY)
5 RELATIVE TO THE NEW IMPROVEMENTS ON THE SUBJECT LAND WE MUST
BE FURNISHED THE FOLLOWING DOCUMENTATION:
A. CONTRACTOR'S AFFIDAVITS AND SATISFACTORY MECHANIC LIEN
WAIVERS.
B. CURRENT DATED AND SPOTTED SURVEY.
6. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR
MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW
AND NOT SHOWN BY THE PUBLIC RECORDS.
7. RIGHTS OF THE PUBLIC, THE MUNICIPALITY AND THE STATE OF
ILLINOIS IN AND TO THAT PART OF THE LAND TAKEN AND USED FOR
ARCHER AVENUE (AFFECTS THE SOUTHEASTERLY 33 FEET OF THE
LAND).
8. RIGHTS OF THE PUBLIC, THE MUNICIPALITY AND THE STATE OF
ILLINOIS IN AND TO THAT PART OF THE LAND TAKEN AND USED FOR
127TH STREET (AFFECTS THE NORTH 33 FEET OF THE LAND).
9. NOTE: THIS I5 CONSIDERED COMMERCIAL PROPERTY, TO SCHEDULE A
CLOSING, PLEASE CALL OUR COMMERCIAL ESCROW DEPARTMENT AT
977-4768.
COntinund
A.L.T.A. COMMITMENT
Page 3
Number S1423696
10. BY COOK COUNTY ORDINANCE EACH DOCUMENT PRESENTED FOR
RECORDING WHICH WILL EFFECT A CHANGE OF TAX ASSESSEE OR
ADDRESS FOR MAILING TAX BILLS SHALL BE ACCOMPANIED BY A COPY
OF A TAX BILLING INFORMATION FORM STAMPED BY THE COUNTY
TREASURER'S OFFICE. A SEPERATE FORM FOR EACH PERMANENT INDEX
NUMBER AFFECTED MUST BE COMPLETED. AN ADDITIONAL CHARGE OF
$2.00 FOR EACH FORM WILL BE CHARGED BY THE RECORDER.
OUR COMPANY, WHEN PRESENTED WITH A COMPLETED TAX BILLING
INFORMATION FORM, WILL OBTAIN THE STAMP OF THE TREASURER'S
OFFICE PRIOR TO RECORDATION OF THE DOCUMENT.
11. THE TAX REFORM ACT OF 1986, EFFECTIVE JANUARY 1, 1987, AND
REGULATIONS OF THE I.R.5., REQUIRE ANY TITLE COMPANY
RESPONSIBLE FOR CLOSING ANY BUY /SELL OR EXCHANGE OF ANY
UNIMPROVED REAL ESTATE OR ANY REAL ESTATE USED AS
COMMERCIAL, INDUSTRIAL, OR RESIDENTIAL, TO REPORT TO THE
I.R.S., ON A REVISED 1099 FORM, CERTAIN MANDATORY
INFORMATION FROM EACH SELLER INVOLVED IN THE CLOSING. TO
COMPLY, THIS COMPANY, IN ALL INSTANCES WHERE IT IS THE
CLOSING AGENT OR ESCROWEE, WILL REQUIRE OUR 1099 INFORMATION
SHEET BE COMPLETED AND SIGNED BY EACH SELLER (OR HIS
AUTHORIZED AGENT) SHOWING THE FOLLOWING:
1) EACH SELLER MUST COMPLETE AND SIGN A FORM GIVING HIS
NAME, THE ADDRESS TO WHICH THE 1099 FORM WILL BE MAILED IN
THE FUTURE, HIS SOCIAL SECURITY NUMBER OR FEDERAL TAX I.D.
NUMBER, AND HIS ALLOCATED SHARE OF THE GROSS PROCEEDS
INVOLVED.
2) THIS COMPANY WILL NOT CLOSE AND DISBURSE ANY TRANSACTION
WITHOUT THE ABOVE REQUIREMENTS BEING MET BY SAID PARTIES.
Continued
A.L.T.A. COMMITMENT
Page 4
Number S1423696
12. THE FOLLOWING STANDARD EXCEPTIONS WHICH WERE SET FORTH IN
THE COMMITMENT JACKET:
(1) RIGHTS OF CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY
THE PUBLIC RECORDS.
(2) EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE
PUBLIC RECORDS.
(3) ENCROACHMENTS, OVERLAPS, BOUNDARY LINE DISPUTES, OR
OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN ACCURATE SURVEY
OR INSPECTION OF THE PREMISES.
(4) ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR, OR
MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW
AND NOT SHOWN BY THE PUBLIC RECORDS.
(5) TAXES, OR SPECIAL ASSESSMENTS WHICH ARE NOT SHOWN AS
EXISTING LIENS BY THE PUBLIC RECORDS.
Continued
• 3-
A.L.T.A. COMMITMENT
Page 5
Number S1423696
13. CUSTOMER INFORMATION
AS OF JULY 19, 1995, PURSUANT TO BILL, PUBLIC ACT 87 -1197,
ALL DOCUMENTS RECORDED WITHIN THE STATE OF ILLINOIS MUST
MEET THE FOLLOWING REQUIREMENTS:
1) THE DOCUMENT SHALL CONSIST OF ONE OR MORE INDIVIDUAL
SHEETS MEASURING 8.5 INCHES BY 11 INCHES, NOT PERMANENTLY
BOUND AND NOT A CONTINUOUS FORM. GRAPHIC DISPLAYS
ACCOMPANYING A DOCUMENT TO BE RECORDED THAT MEASURES UP TO
11 INCHES BY 17 INCHES SHALL BE RECORDED WITHOUT CHARGING AN
ADDITIONAL FEE;
2) THE DOCUMENT SHALL BE LEGIBLY PRINTED IN BLACK INK, BY
HAND, TYPEWRITTEN OR COMPUTER GENERATED, IN AT LEAST 10
POINT TYPE. SIGNATURES AND DATES MAY BE IN CONTRASTING
COLORS AS LONG AS THEY WILL REPRODUCE CLEARLY;
3) THE DOCUMENT SHALL BE ON WHITE PAPER OF NOT LESS THAT 20
POUND WEIGHT AND HAVE A CLEAN MARGIN OF AT LEAST 1/2 INCH ON
THE TOP, BOTTOM AND EACH SIDE. MARGINS MAY BE USED ONLY FOR
NON- ESSENTIAL NOTATIONS WHICH WILL NOT AFFECT THE VALIDITY
OF THE DOCUMENT, INCLUDING BUT NOT LIMITED TO FORM NUMBERS,
PAGE NUMBERS, AND CUSTOMER NOTATIONS;
4) THE FIRST PAGE SHALL CONTAIN A BLANK SPACE IN THE UPPER
RIGHT CORNER MEASURING AT LEAST 3 INCHES BY 5 INCHES;
5) THE DOCUMENT SHALL NOT HAVE ANY ATTACHMENT STAPLED, TAPED
OR OTHERWISE AFFIXED TO ANY PAGE.
** *THE RECORDERS OFFICES THROUGHOUT THE STATE OF ILLINOIS
WILL ACCEPT ALL DOCUMENTS FOR RECORDATION. THOSE THAT DO NOT
MEET THE REQUIREMENTS OF THE BILL WILL COST DOUBLE THE
RECORDING FEE TO RECORD. * **
14. NOTE: WITH RESPECT THE COST OF THE REQUESTED ENDORSEMENTS,
GARY IRWIN SHOULD BE CONTACTED 312 977 -2632.
Countersigned:
AUTHORIZED SIGNATORY