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O-956-96 02/26/9696164112 . DEPT -01 RECORDING $49.00 • 7:7777 TRAN 8293 03/05/96 10 =01 :00 . 4.15054 SK 46-96-1464112 ▪ COOK COUNTY RECORDER VILLAGE OF LEMONT ORDINANCE NO. 576 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 1.115 ACRE PARCEL LOCATED AT 12301 S. ARCHER AVENUE IN LEMONT, ILLINOIS (Arnold Property) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This A74 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 Z «kday of 7 iAm,t 0.7 , 1996. , 1996. tE'U .';' €i el 4 rr D�aA T OK oo COPIES G_ ORDINANCE NO. 95-1C AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 1.115 ACRE PARCEL LOCATED AT 12301 S. ARCHER AVENUE IN LEMONT, ILLINOIS (Arnold Property) 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 "JOYCE ARNOLD ANNEXATION AGREEMENT" dated theji? day of ft.4414- , 1996, (a copy of which is attached hereto and made a part hgreof). 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, COUVII S OF COOK, DuPAGE, AND WILL, ILLINOIS, on this t fkday of 1'` , 1996. Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Approved by me this a4p d Attest: AYES NAYS PASSED ABSENT 71.7 CH WI NE SMOLLEN, Village Clerk y ,11,10\ 0 . CHARLENE SMOLLEN, Village Clerk Mail to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 22 -27- 201 -011; ,1996. ASNESKI, Village President 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 EXHIBIT TITLE A Legal Description of Subject Property B Plat of Annexation of Subject Property 2 ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this o2� /i- day of 11a , 1996, between the VILLAGE OF LEMONT, a municipal corporition of the Counties of Cook, DuPage and Will, in the State of Illinois (hereinafter referred to as "VILLAGE ") and JOYCE ARNOLD, an individual (hereinafter referred to as "OWNER"). WITNESSETH 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 TERRITORY to develop in accordance with those uses and special uses as allowed under the B -3 Commercial District category of the VILLAGE Zoning Ordinance; 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; WHEREAS, notice has been given to the appropriate municipal authorities as required by law to receive such notice; and WHEREAS, the parties desire, pursuant to Chapter 24, Article 11, Division 15.1 of the Illinois Revised Statutes, to enter into an Agreement with respect to Annexation of the TERRITORY and various other matters; and, 3 LC 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, said hearings were held pursuant to notice as required by law, and said public hearings were held prior to the execution of this Agreement; and WHEREAS, The corporate authority of the VILLAGE has considered. the Annexation and development 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 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. tt 2. The Plat of Annexation of said TERRITORY is attached f 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 k °' every highway within the TERRITORY so annexed. II ZONING AND LAND USE RESTRICTIONS: EXCEPTIONS Upon the Annexation of the TERRITORY to the VILLAGE, the parcel shown on the attached as Exhibit "B" shall be classified under the existing zoning ordinance as B -3 Commercial District. The VILLAGE hereby grants the following variations /exceptions to the VILLAGE'S Zoning and Building Codes and Ordinances: A. A variation to allow a front yard building setback of 16.29 feet. 4 B. A variation to allow a rear yard setback of 13.12 feet. C. A variation to allow existing parking areas to be located on the lot line. III EASEMENTS The VILLAGE shall cooperate with OWNER, at such time as the TERRITORY develops, in obtaining and granting all necessary easements in and to VILLAGE owned rights -of -way, and in acquiring (through exercise of the power of eminent domain, or otherwise) such other right -of -way as may be required to enable OWNER, to provide portable water and sanitary sewer service to the TERRITORY. VI FEES, BUILDING ORDINANCES, PERMITS AND GENERAL MATTER Except as set forth above, the OWNER agrees to comply in all respects with all present and future applicable provisions of the VILLAGE Building Codes in connection with the construction of buildings in the TERRITORY. The OWNER, its successors or assigns, agrees to connect to public water and sanitary sewer systems at such time as the TERRITORY is developed. Except as set forth above, the OWNER further agrees that all (`y present and future ordinances of the VILLAGE relating to subdivision controls, zoning, official plan and building, housing, and related restrictions shall apply to the development of they TERRITORY which is the subject of this Agreement, except as may be modified by the mutual consent of the parties. v GENERAL PROVISIONS A. BUILDING PERMIT: Lemont agrees that within twenty -one (21) days after receipt of a complete application, it will either issue such building and other permits as may, from time to time be requested by OWNER, its successors and assigns, as to the specific deficiencies in the application for permits, plans or specifications. All of such permit applications, plans and specifications, shall conform to this Agreement and all applicable ordinances and codes. 5 u2 B. OCCUPANCY CERTIFICATES: The VILLAGE agrees to issue Certificate of Occupancy within ten (10) days after the application or issue a Letter of Denial within said period of time informing OWNER, its successors or assigns, specifically as to what corrections are necessary as a condition to the issuance of a Certificate of Occupancy, quoting the section of any code or ordinance relied upon by Lemont in its request for correction. VI LIQUOR LICENSE The Village agrees that one Class A -3 Liquor License (for a restaurant with lounge) shall be reserved or made available for the subject property upon satisfactory completion of the Village's normal application review and hearing process. VII RECORDATION The parties agree to do all things necessary to cause a Memorandum of this Agreement to be recorded n the Office of the Recorder of Deeds, Cook County, Illinois. Said memorandum shall be executed contemporaneously with this Agreement and recorded within ten (10) days of execution. Should any title insurance company issuing commitments for title insurance raise this Memorandum as an objection to title, the VILLAGE shall, if the OWNER, its successors and assigns have compiled in all respects with the terms of this Agreement exercise its best efforts to secure the waiving of this Memorandum as a title objection. VIII MISCELLANEOUS PROVISIONS A. NOTICES: All notices hereunder shall be in writing and must be served either personally or by registered or certified mail to: 1. VILLAGE AT: Village of Lemont 418 Main Street Lemont, Illinois 60439 2. OWNER AT: Joyce Arnold 1265 McCarthy Road Lemont, Illinois 60439 6 3. To such other persons or place which any party hereto, by its prior written notice, shall designate for notice to it from the other parties hereto. B. BINDING EFFECT, TERM AND AMENDMENT: This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of record of the Subject Realty, their assigns, lessees and upon any successor municipal authority of the VILLAGE and successor municipalities, for a period of twenty (20) years from the date set forth in the first paragraph of this Agreement. This Agreement may be amended from time to time with the consent of the parties hereto, pursuant to statue in such case made and provided. C. SEVERABILITY: This Agreement is entered into pursuant to the provisions of Chapter 24, Section 11 -15.1 et seq. Illinois Revised Statutes 1989, as amended. The corporate authorities of the VILLAGE have heretofore conducted a public hearing upon this Agreement. In the event any part or portion of this Agreement, or any provision, clause, wording, or designation contained within this Agreement is held to be invalid by any Court of competent jurisdiction, such part, portion, provision, clause wording or designation shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect the remaining portions thereof. D. ENFORCEABILITY: This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by any appropriate action at law or in equity including an action for specific performance to secure the performance of the covenants contained herein. E. SURVIVAL OF REPRESENTATIONS: Each of the parties hereto, for themselves, their successors, assigns, heirs, devisee and personal representatives, agrees that the warranties and recitals set forth in the preamble to this Annexation Agreement are material to this Agreement, and the parties hereby confirm and admit their truth and validity and hereby incorporate such representations, warranties and recitals into this Agreement and the same shall continue during the term of this Agreement. F. RULES OF CONSTRUCTION: Unless the provisions of this Agreement otherwise require, words imparting the masculine gender shall include the feminine, words imparting the singular number shall include the plural, and words imparting the plural shall include the singular. G. CAPTIONS AND PARAGRAPH HEADINGS: The captions and paragraph headings incorporated herein are for the convenience only and are not part of this Agreement. H. CONFLICT IN REGULATIONS: 1. The provisions of this Agreement shall supersede the provisions of any ordinance, codes, policies or regulations of the VILLAGE which may be in conflict with the provisions of this Agreement. 2. Pursuant to the requirements of statute, the corporate authorities of the VILLAGE shall adopt such ordinances as may be necessary to put into effect the terms and provisions of this Agreement. I. CHANGES IN REGULATIONS: It is understood and agreed, except as otherwise provided for herein, the Zoning, Subdivision Control, Planned Unit Development, Building Code and all other ordinances including all fees and charges of the VILLAGE shall not be frozen during the term of this Agreement, and such ordinances, as the same may from time to time be amended and enforced throughout the VILLAGE, shall apply to the Subject Realty. Notwithstanding the foregoing, it is expressly understood and agreed by the parties that during the term of this Agreement, no use permitted under the B -3 Commercial Zoning District at the time of the execution of the Agreement shall be denied to the OWNER, its successors or assigns „unless the zoning classification of the TERRITORY is amended by the petition of the OWNER, its successors or assigns, or unless the VILLAGE shall comprehensively amend its Zoning Ordinance. In the case of a comprehensive amendment to the VILLAGE's Zoning Ordinance, the TERRITORY shall be designated the zoning district most comparable to the B -3 Commercial Zoning District. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. 8 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY THAT PART OF LOTS 8 AND 9 IN COUNTY CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF A LINE 50.00 FEET NORTH OF THE SOUTH LINE OF THE NORTHEAST 1/4 OF SECTION 27 AFORESAID, BEING THE NORTH LINE OF MCCARTHY ROAD, AND LYING WEST OF A LINE WHICH IS AT RIGHT ANGLES TO SAID NORTH LINE OF MCCARTHY ROAD AT A POINT IN THE NORTH LINE OF SAID MCCARTHY ROAD 325.10 FEET EAST OF THE WEST LINE OF SAID LOT 9, SAID WEST LINE BEING THE NORTH AND SOUTH CENTER LINE OF SAID SECTION, ALL IN COOK COUNTY, ILLINOIS, EXCEPTING FROM THE HERETOFORE DESCRIBED PARCEL OF LAND, THAT PART OF SAID LOTS 8 AND 9 LYING WEST OF A LINE PARALLEL WITH THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 27 AND 22.00 FEET EAST OF THE INTERSECTION OF A LINE PARALLEL WITH AND 42.00 FEET SOUTHEAST OF THE CENTER OF ARCHER ROAD AND A LINE PARALLEL WITH AND 50.00 FEET NORTH OF THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 27 (SAID 22.00 FEET MEASURED ALONG SAID PARALLEL LINE 50.00 FEET NORTH OF THE SOUTH LINE OF THE NORTH HALF OF SECTION 27) AND ALSO EXCEPT THE NORTHWEST 42.00 FEET THEREOF (AS MEASURED AT RIGHT ANGLES FROM THE CENTER OF ARCHER ROAD), ALL IN COOK COUNTY, ILLINOIS. P.I.N: 22 -27- 201 -011 10 h5 EXHIBIT B PLAT OF ANNEXATION 11 a.v ul Area 'Survey Conepany 1 u.41 WM 1".F ::,N ()01+94 rv. 1111nr, 10812 Ore,. 170113+943. i4A 44014 3.9.734: EXHIBIT "B" PLAT t F ANNEXATION THAT PART OF LOTS S AND 3 IN 000747Y CLERK'S 0(5151071 OF SECTION 2:, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL ME.710(4 :1, LYING NCR'H OF A LINE 50.00 44571 NORTH OF THE SOUTH LINE OF THE NORTHEAST 1/4 .20 - EC1ICN 27 0 53.4 15, BEING THE NORTH LINE OF 4CCARTHY ROAD, AND 4Y(NG''WE5T OF A LINE 'WHICH (5 AT RIGHT ANG_Ei TO SA :D NORTH LINE OF MG.AP7H( R040 Ar A PI` :Nr IN THE NORTH LIN. 7 SAID 4;_ARTHY cr)AD 352.10 FEET EAST OF (HE oE3r LINE ^ SAID 1Or 3,.3A :2 o531 LINE BEING THE NORTH AND 5D'1TH CENTER. L/747 OF SAID sEcHloH, ALL (N COOK COUNTY, ILLINOIS, EXCEPTING FROM THE HERETOFORE OF DESCRIBED PARCEL OF LAND, THAT PART OF SAID LOTS 8 AND LYING 'WEST CF A LIN5 PARALLEL WI7)1 THE 'WEST LINE OF THE NORTHEAST 1/4 OF SAID o AL..ON 27 ANO 22.00 FEEI EAST OF I:ITERSECTIQN OF A LINE PARALLEL 'WITH ANO 42.00 97E7 300"4513' ▪ THE CENTER OF APCHEP 7040 ANO A LINE PARALLEL WI74 50.30 FEET '40AT4 CF THE SOU - :H LINE' OF THE NORTH _ CF _ • TICK 27 ( 110 22.00 7E57 7EASURED ALONG 310 1 50.00 ' NORTH OF - SOUTH LINE OF THE C. SECTION 27,) AND ALSO EYCE'T THE NCRTHHEST 42.00 PEST THE,E•: =. (AS MEASURED AT RIGHT ANGLES FROM THE CENTER OF ARCHER 9013'. ALL IN COCK COUNTY, ILLINOIS. t \: )` nQn 1 ' •• 11,4'1 OF IY.'•.:{'T/'Y IXIWVr 4/CC.Y6f 1/4V4r Or Age N/CCA :C Of Cf/•"ONT� C fic (71,917/1 - - /irs . ,rrxe77) STATE OF ILLINOIS) B.S. COUNTY OF COOK ) APPROVED BY THE MAYOR OF THE VILLAGE OF LEMONT, ILLIN0I7, AT A MEETING HELD THIS DAY OF BY: MA7011 SCALE: I INCH ECUALS .44 FEET ORDERED BY: •• �.vr ORDER NO.: +.77 STATE OF ILLINOI5) S.S. COUNTY OF C00K ) THE TERRITORY DESCRIBED IN THIS PLAT OF ANNE7AT)044 IS IOENTIFIED AS THAT INCORPORATED AND MADE A PART OF THE VILLAGE OF LEMCNT, ILLINOIS, BY ORDINANCE NO. ADOPTED BY THE PRESIDENT AND THE BOARD OF TRy STEES OF SAID VILLAGE, ON THIS _ CAY.OF , • BY: VILLAGE PRESIDENT ATTEST: vILLAGE CLERK STATE OF ILLINOIS) S.S. COUNT? CF COOK ) I, THO'AS J. C =SAL, AN ILLINOIS PROFESSIONAL LA710 5 045YCP• DO HERESY CERTIFY THAT THE ANNEXED PLAT I5 AN ACCURATE REPRESENTATION OF THE TERRITORY INCLUDED IN THE ANNEXATION 70 THE VILLAGE OF LEHONT. e 4.: 44 s( /4' / .'997 DATED THIS DAY O j ^.,) �i = R0FESSIO7IAL LAND SURVEYOR, N0.2105