O-603A-B-88 11/14/881
C E R T I F I C A T I O N
I, CHARLENE M. SMOLLEN, certify that I am the duly elected
and acting municipal clerk of the VILLAGE OF LEMONT, Cook County,
Illinois.
I further certify that on the 14th day of November , 1988 ,
the corporate Authorities of such municipality passed and approved
Ordinance No. 603 A -B , entitled:
An Ordinance Annexing Old Derby Estates to the Village of Lemont and an
Ordinance authorizing the Execution of an Annexation Agreement for Old Derby Estate:
which provided by its terms that it should-be published in pamphlet
form.
THE pamphlet form of Ordinance No. 603 A -B , including the
Ordinance an a cover sheet thereof was prepared, and a copy of such
Ordinance was posted in the municipal building, commencing on the
14th day of November , 19 88, and continuing for at least 10
days thereafter. Copies of such Ordinance were also available
co
for public inspection upon request, in the office of the municipal G
poik
G.7
clerk.
DATED at Lemont, Illinois, this 22nd day of December , 19 88 .
(SEAL)
89018113
1411i 1. RAN :r Lw• _i Ci r
COOV... COUNTY'
Municipal Clerk
,73a2 .
4rei(1
(1/1
VILLAGE OF LEMONT
ORDINANCE NO. 603-4
AN ORDINANCE ANNEXING CERTAIN TERRITORY
TO THE VILLAGE OF LEMONT, COOK COUNTY, ILLINOIS
OLD DERBY ESTATES - 41.34 ACRES
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook County Illinois,
this /(71 day of , 1988.
r ;
cr
ORDINANCE NO. 03
AN ORDINANCE ANNEXING CERTAIN TERRITORY
TO THE VILLAGE OF LEMONT, COOK COUNTY, ILLINOIS
OLD DERBY ESTATES - 41.34 ACRES
WHEREAS, a written petition, signed by the legal owners of
record of all land within the territory hereinafter described, has
been filed with the Village Clerk of the Village of Lemont, Cook
County, Illinois, requesting that said territory be annexed to the
Village of Lemont; and
WHEREAS, there are no electors residing within the said
territory; and
WHEREAS, the said territory is not within the corporate limits
of any municipality, but is contiguous to the Village of Lemont;
and
WHEREAS, legal notices regarding the intention of the Village
to . annex said territory have been sent to all public bodies
required to receive such notice by State statute; and
WHEREAS, copies of such notices required to be recorded, if
any, have been recorded in the Office of the Recorder of Deeds of
Cook County; and Cam`
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WHEREAS, the legal owners of record of said territory and the
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Village of Lemont have entered into a valid and binding annexation
agreement relating to such territory; and
cW
WHEREAS, all petitions, documents and other necessary legal
requirements are in full compliance with the terms of said
annexation agreement and with the statutes of the State of
Illinois, specifically Chapter 24, Paragraph 7 -1 -8, Illinois
Revised Statutes, 1971; and
WHEREAS, it is in the best interest of the Village of Lemont,
that said territory be annexed thereto.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION 1: That the following described territory:
Old Derby Estates being a Subdivision in the
West half of the Northeast quarter of Section
28, Township 37 North, Range 11 East of the
Third Principal Meridian, in the Township of
Lemont, Cook County, Illinois.
being indicated on an accurate map of the annexed territory, (which
is appended to and made a part of this Ordinance) is hereby annexed
to the Village of Lemont, Cook County, Illinois.
SECTION 2: That the Village Clerk is hereby directed to
record with the Recorder of Deeds and to file with the County Clerk
a certified copy of this Ordinance, together with the accurate map
of the territory annexed and appended to said Ordinance.
SECTION 3: 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, COUNTY OF COOK, ILLINOIS, on this //frl day
f
1988.
AYES
NAYS PASSED
•.1./ .1-
CHARLENE SMOLLEN, Village Clerk
Approved by me this i/'S'4 day of
Attest:
C/2.- . 1988.
CHARLENE SMOLLEN, Village Clerk
R. NELSON, Village President
8 X1 3
ARTICLE
I Annexation
II Zoning and Land Use Restrictions
III Water
IV Sanitary Sewers
V Storm Water Detention
VI Roadways
VII Landscape Easement
VIII Fees, Building Ordinances,
Permits and General Matters
IX Variations from Subdivision
Ordinance
X Contributions and Dedications
XI Approval and Applications
XII Letters of Credit
XIII Notice of Violations
XIV Reverter
XV Maintenance Bond
XVI Damage to Public Improvements
XVII Terms of This Agreement
OLD DERBY ESTATES ANNEXATION AGREEMENT
TITLE
EXHIBIT
A
B
C
EXHIBIT
TITLE
Legal Description of Subject Property
Site Plan of Subject Property
Plat of Annexation of Subject
Property
D
E
F
89618 413
Engineering Plans and Specifications -
Water
Engineering Plans and Specifications -
Sanitary Sewer
Engineering Plans and Specifications -
Storm Water Detention
OLD DERBY ESTATES ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this /51 day of
„evnry,lfij, 1988, between the VILLAGE OF LEMONT, a municipal
corporation of the County of Cook, in the State of Illinois
(hereinafter referred to as "VILLAGE ") and the State Bank of
Countryside as Trustee under trust number 88 -413 dated April 11,
1988, (hereinafter referred to as "OWNER ") and J -Y Developers, an
Illinois General Partnership, (hereinafter referred to as
"DEVELOPER ").
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, DEVELOPER intends the TERRITORY to develop as single
family dwelling units, in conformance with the site plan prepared
by INTECH CONSULTANTS, INC., labeled Exhibit "B ", which is attached
hereto and by this reference made a part hereof; 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,
GO
GL,
WHEREAS, DEVELOPER 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 inhar-
monious 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 TERRITORY 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 TERRITORY described in the
3
Petition and has determined that the best interest of the VILLAGE
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will be met if the TERRITORY is annexed to the VILLAGE and
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developed in accordance with the provisions of the Agreement. F-4
t•:
NOW, THEREFORE, in consideration of the foregoing and of the
mutual covenants hereinafter contained, the parties agree as
follows:
-3-
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 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
udt
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
Upon the Annexation of the TERRITORY to the VILLAGE, the
parcel shown on the site plan attached as Exhibit
II Bn
classified under the existing zoning ordinance as follows:
ZONING
LAND EXISTING DWELLING
USE ORDINANCE UNITS
LOTS
shall be
ACRES
FOR
Single Family R -4 117 117 38.1
Townhomes PUD 15 17 2.8
Detention Open Space None 2 1.3
The Planned Unit Development referred to above shall consist
of 15 individual lots numbered 103 through 117 as depicted on the
WI
Final Plat of Subdivision. Lots 118 and 134 shall remain open tZ
space and be constructed accoring to plans and specifications
or
aformed by the Village Engineer. The development of lots 103
though 117 shall be limited to the construction of Townhomes with
the following restrictions:
a) Eight 2- Bedroom units each having a minimum of 1300 square
feet of living area and a two car attached garage.
b) Seven 3- Bedroom units each having a minimum of 1600 square
feet of living area and a two car attached garage.
c) All townhomes shall be constructed with brick fronts or a
minimum of 1/3 exposed brick.
d) A Homeowners Association will be organized by the
developer or homeowners to provide for landscaping
maintenance.
e) A landscaping buffer approved by the Village Engineer
shall be created along the rear yards to provide
screening from the proposed adjacent commercial area.
III
WATER
1. DEVELOPER shall extend the existing water main from such
off -site locations in accordance with the engineering plans and
specifications as prepared by INTECH CONSULTANTS, INC. according to
the plans and specifications attached hereto as Exhibit "D" which
shall be approved by the VILLAGE Engineer.
2. It is the intent of this Agreement that the DEVELOPER shall
install offsite watermains necessary to deliver a minimum of 1,000
gallons per minute fire flow plus domestic flow with a 20 pound per
square inch residual pressure as outlined in the Illinois Fire In-
surance codes and required by the Lemont Fire Protection District.
3. All water mains constructed by DEVELOPER shall remain
DEVELOPER'S responsibility until such time as they are accepted by CC
the VILLAGE as provided by ordinance.
or
4. Water mains shall be designed in accordance with the
requirements of the State of Illinois Environmental Protection
-5-
�:3
Agency Bureau of Public Water Supply and the domestic and fire
protecting needs of the proposed development.
IV
SANITARY SEWERS
Sanitary sewers shall be designed in accordance with the
standards for sewage words adopted by the Lemont and Great Lakes
Board of Public Health Engineers and the requirements of the
Metropolitan Sanitary District of Greater Chicago.
The design and construction of the Sanitary Sewer shall be in
accordance with engineering plans and specifications prepared by
INTECH CONSULTANTS, INC. attached hereto and made a part hereof as
Exhibit "E ".
V
STORM WATER DETENTION
DEVELOPER agrees to adhere to the Retention Policy of the
VILLAGE and the Metropolitan Sanitary District agrees to divert
storm water as required by the VILLAGE Engineer and as delineated
in the plans and specifications identified in Exhibit "F" attached
hereto and made a part hereof. DEVELOPER agrees to install and
VILLAGE agrees to accept necessary surface drainage courses and
detention areas.
All detention basins and outlet control structures shall be
constructed prior to the installation of onsite roadway and storm
sewer system to prevent property damage during interim improvement
construction. DEVELOPER shall take precautionary measures to
prevent storm water runoff from causing erosion and depositing silt
-6-
in the Illinois and Michigan Canal and other tributary drainage
ways.
The plans and specifications of the construction of this storm
water detention are set forth in Exhibit "F" and shall meet the
needs of the TERRITORY as established by the Metropolitan Sanitary
District and the Village.
VI
ROADWAYS
1. All interior streets within the TERRITORY when developed
shall be dedicated to the VILLAGE. Said streets shall be con-
structed in accordance with the VILLAGE'S Subdivision Regulations.
2. The DEVELOPER shall not be required to widen the pavement
along McCarthy Road unless required by the Illinois Department of
Transportation or other governmental agency having jurisdiction.
VII
LANDSCAPE EASEMENT
All double frontage lots along Janas Lane and McCarthy Road
are to comply with Section VII, subsection F2C, of the Village of
Lemont Subdivision Ordinance 456, and provide an additional 15 foot
depth for a landscape easement. The landscape area will be
designed with the approval of the Village Engineer to provide a
GO
buffer between McCarthy Road and the residences. The developer tot
shall caused to be recorded a permanent landscape easement on the
or
Plat of Subdivision and covenants prohibiting any fencing from
being placed in the landscape easement area.
w
VIII
FEES, BUILDING ORDINANCES, PERMITS AND GENERAL MATTER
The DEVELOPER agrees to comply in all respects with all
present and future applicable provisions of the VILLAGE Building
Codes in connection with the construction of building on the
TERRITORY. The DEVELOPER further agrees to pay all fees, reimburse
the VILLAGE for planning, engineering, and legal fees incurred as a
result of the DEVELOPER'S proposal and obtain all permits required
by present and future VILLAGE Ordinances. The DEVELOPER further
agrees that all present and future ordinances of the VILLAGE
relating to subdivision controls, zoning, official plan and
building, housing, and related restrictions shall apply to the
building, housing, and related restrictions shall apply to the
development of the TERRITORY which is subject to the Agreement,
except as may be modified by the mutual consent of the parties.
The DEVELOPER hereby agrees to construct sidewalks within the
TERRITORY as required by VILLAGE ordinance.
IX
VARIATIONS FROM THE SUBDIVISION ORDINANCES
Notwithstanding the terms of the Subdivision Ordinance, the
DEVELOPER is hereby granted the following Variances:
00
a) Sidewalks will be installed on each lot prior to issuance
of occupancy permit but not later than two years from
J
the date of the agreement. W
b) Types and sizes of trees shall be designated on a
landscape plan approved by the Village but shall not be
-8-
required until homes are constructed and ready for
occupancy except that if not installed within two years
from the date of this Agreement, the DEVELOPER shall
deposit in escrow sufficient funds to complete the
required plantings.
c) No street lights are required on McCarthy Road except at
the main entrance to the subdivision.
X
CONTRIBUTIONS AND DEDICATION
DEVELOPER shall make the following contributions in accordance
with each phase of the development:
(a) Prior to final approval of the Plat of Subdivision, the
DEVELOPER shall make the following contributions:
High School District
Elementary School District
Park District
10,572
40,400
62,700
XI
APPROVAL OF APPLICATION
VILLAGE agrees to expeditiously take action to approve or
disapprove all plats, plans and engineering submitted to VILLAGE by
DEVELOPER. If VILLAGE shall determine that any such submission is 001
not in substantial accordance with this Agreement and applicable
ordinances, the VILLAGE shall promptly notify DEVELOPER in writing
of the specific objection to any such submission so that Cow;
can make any required corrections or revisions.
-9-
XII
LETTERS OF CREDIT
In lieu of any bonds or cash escrow deposits for public
improvements, the DEVELOPER may furnish to the VILLAGE irrevocable
letters of credit, in the required amount issued by the reputable
banking or financial institution authorized to do business in the
State of Illinois, and shall be subject to the approval of the
VILLAGE Board.
At the time of final plat approval, the letters of credit or
other evidence or adequate funds or security shall at all times be
equal to the contract cost of the public improvements being con-
structed in each phase of development. If actual construction
costs are not available at time of plat approval, the DEVELOPER
shall deposit securities as herein provided, in an amount equal to
125% of the estimate cost for said improvements as determined by
the VILLAGE Engineer. Upon completion of the construction of
improvements, or any part thereof, the DEVELOPER shall request the
VILLAGE Engineer to inspect the same. Within twenty -one days after
such request, the VILLAGE Engineer and /or Public Works Director
shall, in writing, advise the DEVELOPER 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 one (1) year period after
acceptance as required by the subdivision ordinances.
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 DEVELOPER of a
properly executed Bill of Sale for all improvements contained
within the dedication.
Upon acceptance of dedication of the VILLAGE, the DEVELOPER
may reduce the letter of credit or form of financial responsibility
by an amount equal to the value of the improvements so accepted.
XIII
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 DEVELOPER, so the
DEVELOPER may forthwith proceed to correct such violations as may
exist. Moreover, the VILLAGE shall, insofar as possible, give
advance notice to the DEVELOPER 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 DEVELOPER 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.
XIV
REVERTER
This Annexation Agreement shall be in effect for twenty (20)
years but if the Development and all of the improvements have not
been completed within two (2) years from the date of this
Agreement, the zoning of this TERRITORY shall revert to R -1. If
the terms of this Agreement are substantially violated by OWNER or
DEVELOPER, the zoning for the undeveloped portion of the TERRITORY
shall revert to R -1.
XV
MAINTENANCE BOND
At the time or times or acceptance by VILLAGE of the
installation of any part, component or all of any public
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 no defects in
material and /or workmanship have developed within said period, then
said Bond shall not be returned until correction of said defect and
acceptance by Village of said corrections.
XVI
DAMAGE TO PUBLIC IMPROVEMENTS
OWNER shall replace and repaid damage to public improvements
installed within, under or upon the Subject Realty resulting from
constructions 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 by 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.
XVII
TERMS OF THIS AGREEMENT
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.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed on the day and year first above written.
ATTEST:
VILLAGE CLER�
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VILLAG
CORPO
BY:
MONT AND THE
THOR Y T ' ' E�
ESIDE T
STATE BANK OF COUNTRYSIDE AS
TRUSTEE UNDER TRUST # 88 -413
DATED ARIL 111988.
BY: ze -0\
SUSAN L.
GC
s,' f,- 3r.. ::.' O:cLLr UD
C
J -Y DEVELOPERS,- AN ILLINOIS
GENERIL, PA TN SHIP C
BY:
JOISEPH JA
-13-
/IPA YOUNG
Co;
STATE OF ILLINOIS )
SS.
COUNTY OF COOK
z, • SuSan L. Cc�� .)pe-r
a Notary Public in and
for said County, in the State aforesaid, DO HEREBY CERTIFY that
JOSEPH JANAS and WILLIAM YOUNG, 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 Seal this 2:3//day of
(m3/2x b eL 1988.
My commission expires • 1,:v1
/ (7?
Notary Publi
VILLAGE OF LEMONT
ORDINANCE NO. 603-13
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT FOR THE DEVELOPMENT KNOWN AS
OLD DERBY ESTATES AND THE EXECUTION OF AN ANNEXATION AGREEMENT
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This / day of XZez/- %r1 , 1988.
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemon Cook Coun , Illinois,
this % r day of 1��'ll'"' , 1988.
ORDINANCE NO. O 3 ` 13
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT FOR THE DEVELOPMENT KNOWN AS
OLD DERBY ESTATES AND THE EXECUTION OF AN ANNEXATION AGREEMENT
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 have been fully
complied with.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COOK COUNTY, 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 "OLD DERBY ESTATES ANNEXATION AGREEMENT" dated
the 14 day of No v e,v■.be.- , 1988, as to 41.34 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.
8`011
:13
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this
of 1/4iGtf -tr/ i d t/t_
, 1988.
AYES NAYS PASSED
CHARLENE SMOLLEN, Village Clerk
Z/221e/Zi;
iy
day
Approved by me this / T day o
Attest:
ette eic.)
CHARLENE SMOLLEN, Village Clerk
, 1988.
R. NELSON, Village President
8001
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