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O-949-96 01/22/9696106934 DEPT -01 RECORDING $63.00 VILLAGE OF LEMONT - 177777 IRAN 6537 02 /08 /96 09:49: 00 . •1.8622 : 2,3 . —96- - 104,934• Gj /� G COOK COUNTY RECORDER ORDINANCE NO. /7 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 29 ACRE PARCEL GENERALLY LOCATED ON THE SOUTH SIDE OF 127TH STREET WEST OF ARCHER AVENUE, LEMONT, ILLINOIS (Keepataw Trails) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT day o 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 c►-'day of 1996. 1996. ORDINANCE NO. 9� AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 29 ACRE PARCEL GENERALLY LOCATED ON THE SOUTH SIDE OF 127TH STREET WEST OF ARCHER AVENUE, LEMONT, ILLINOIS (Keepataw Trails) 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 "KEEPATAW TRAILS ANNEXATION AGREEMENT" dated the-2z)- day of .,i /fe , 1996, (a copy of which is attached hereto and made .' part h ' eof) . 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 2a --day of C�du.e , 1996. Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Approved by me this -12-—day Attest: AYES NAYS PASSED ABSENT V V V V V 1 . d HARLENE SMOLLEN, Village Clerk ,1996. C ARD A. KW HARLENE SMOLLEN, Village Clerk Mail to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 22 -33- 101 - 004;005;006; 22 -33- 200 -004; SNESKI, Village President hak KEEPATAW TRAILS ANNEXATION AGREEMENT INDEX ARTICLE TITLE L ANNEXATION II. ZONING AND LAND USE III. REQUIRED IMPROVEMENTS IV. EASEMENTS AND RIGHTS -OF -WAY V. CHANGES TO DEVELOPMENT PLAN VI. FEES, BUILDING ORDINANCES, PERMITS AND GENERAL MA'TERS VII. VARIATIONS FROM SUBDIVISION REGULATIONS VIII. CONTRIBUTIONS AND ANNEXATION FEE IX. WATER SYSTEM IMPROVEMENTS CONTRIBUTION X. APPROVAL OF PLANS XI. LEI 'IERS OF CREDIT XII. NOTICE OF VIOLATIONS XIII. MAINTENANCE BOND XIV. DAMAGE TO PUBLIC IMPROVEMENTS XV. TERMS OF AGREEMENT - A COVENANT RUNNING WITH THE LAND XVI. REIMBURSEMENT OF COSTS EXHIBIT TITLE A. LEGAL DESCRIPTION B. PRELIMINARY PLAT C. PLAT OF ANNEXATION D. PLAT OF SUBDIVISION E. ARCHITECTURAL STANDARDS • KEEPATAW TRAILS ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this ?? of January, 1996, between the VILLAGE OF LEMONT, a municipal corporation located in the Counties of Cook, DuPage and Will in the State of Illinois (hereinafter referred to as "VILLAGE "); STATE BANK OF COUNTRYSIDE as TRUSTEE UNDER TRUST NO. 94 -1483, dated September 13, 1994, ARTHUR PETERSEN and ELSIE PETERSEN (hereinafter referred to collectively as "OWNER "); and, KEEPATAW TRAILS GROUP, L.L.C. and GLENSIDE BUILDERS, INC., (hereinafter referred to collectively 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 to develop the TERRITORY with detached and attached, single - family dwelling units in conformance with the Preliminary Plat prepared by Linden Group, 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, WHEREAS, OWNER/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 VTT .CAGE 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 65, Act 5, Section 11 -15 -1 of the Illinois Compiled Statutes, 1992 Illinois State Bar Association Edition, 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 upon the Annexation Agreement and has given notice of said hearing; and, WHEREAS, the corporate authorities of the VILLAGE have considered the Annexation and development of the TERRITORY described in the Petition and have determined that the best interests of the VILLAGE will be met if the TERRITORY is annexed to the VILLAGE and developed 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 65, Act 5 of the Illinois Compiled Statutes, 1992 Illinois. State Bar Edition, 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 "C." 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 1. Upon the Annexation of the TERRITORY to the VILLAGE, the VILLAGE shall adopt ordinances which classify the TERRITORY as an R-4 District Residential Planned Development (or "Planned Unit Development ") to permit not more than forty (40) single- family residential lots and fifty -eight (58) attached, single - family dwelling units, in accordance with the "Keepataw Trails" Preliminary Plat prepared by Linden Group, Inc., attached hereto as Exhibit "B." C: C, -2- 2. The OWNER/DEVELOPER and the VILLAGE agree that said Residential Planned Development shall include the following minimum standards: A. For the forty -seven single - family detached dwelling lots: i. Minimum front yard setback of 25 feet; ii. Minimum side yard setback of 15 feet; iii. Minimum corner side yard of 25 feet; iv. Minimum rear yard setback of 30 feet; iv. Minimum lot area of 10,000 square feet; and, v. Minimum lot width of 80 feet, measured at the front building line; B. For the fifty -four single - family attached dwellings ( "townhomes "): i. Minimum front yard setback of 25 feet; ii. Minimum side yard setback of 15 feet; iii. Minimum rear yard setback of 30 feet; iv. Maximum of 4 dwelling units per building. 3. The OWNER/DEVELOPER and the VILLAGE agree that no portion of the TERRITORY shall be developed unless an acceptable final plat of subdivision, including final engineering plans and specifications, a final landscape plan, and a Declaration of a Homeowner's Association for the single - family, attached dwellings and related common areas, has been submitted to and approved by the VILLAGE, in accordance with the zoning ordinance and subdivision regulations of the VILLAGE and this Agreement. 4. The OWNER/DEVELOPER and the VILLAGE agree that no building permit for an attached, single- family dwelling (i.e., the "Townhomes ") shall be issued unless the dwelling design is in substantial conformance with the architectural standards set forth on Exhibit "E" attached hereto. III REQUIRED IMPROVEMENTS 1. The OWNER/DEVELOPER shall construct, at the OWNER/DEVELOPER's sole cost and expense, all of the public and private common area improvements required by the Lemont subdivision regulations, this Agreement, the Preliminary Plat (Exhibit "B) ", the final landscape plan, and engineering plans and specifications approved by the VILLAGE -3- Engineer, including but not limited to streets, sidewalks, water mains, sanitary sewers, lift station, storm sewers, detention basins, and street lights. 2. The OWNER/DEVELOPER shall extend, at the OWNER/DEVELOPER's sole cost and expense, the existing water mains from such off -site locations as indicated by Exhibit "B" to provide a public water supply to the TERRITORY, in accordance with engineering plans and specifications to be approved by the VILLAGE Engineer. The VILLAGE shall, if necessary, and upon request from OWNER/DEVELOPER, assist OWNER/DEVELOPER in securing any off -site easements that may be necessary to extend such service to the TERRITORY. 3. The OWNER/DEVELOPER shall extend, at the OWNER/DEVELOPER's sole cost and expense, the existing sanitary sewers from such off -site locations as indicated by Exhibit "B" to provide sanitary sewer service to the TERRITORY, in accordance with engineering plans and specifications to be approved by the VILLAGE Engineer. The VILLAGE shall, if necessary, and upon request from OWNER/DEVELOPER, assist OWNER/DEVELOPER in securing any off -site easements that may be necessary to extend such service to the TERRITORY. 4. OWNER/DEVELOPER agrees to adhere to the retention policy of the VILLAGE and the Metropolitan Water Reclamation District of Greater Chicago and agrees to divert storm water as required by the VILLAGE Engineer. OWNER/DEVELOPER agrees to install and VILLAGE agrees to accept necessary surface drainage course and detention areas. 5. OWNER/DEVELOPER agrees to construct all detention basins and outlet control structures shall be constructed prior to the installation of on -site roadway and storm sewer system to prevent property damage during interim improvement construction. OWNER/DEVELOPER shall take precautionary measures to prevent storm water run -off from causing erosion and depositing silt in the Illinois and Michigan Canal and other tributary drainage ways. 6. OWNER/DEVELOPER agrees to prepare plans and specifications for the construction of system storm water detention shall meet the needs of the TERRITORY as established by the Metropolitan Water Reclamation District of Greater Chicago and the Village of Lemont. 7. The VILLAGE and the OWNER/DEVELOPER agree that the OWNER/DEVELOPER shall install a Lift Station to serve and benefit both the TERRITORY and additional territory located beyond its boundaries. The VILLAGE agrees, in order to provide for reimbursement to the OWNER/DEVELOPER of the cost -4- C;; c•■ of such lift station serving and benefitting said additional territory (as determined by the 4a VILLAGE Engineer after consulting with the OWNER/DEVELOPER's engineer), to require that as a condition to the VILLAGE's approval of any plat of subdivision, or the indd VILLAGE's permitting any connection to and /or use of said Lift Station benefitting said additional territory, that the owner or owners of said additional territory shall pay to the VILLAGE, which shall in turn reimburse to the OWNER/DEVELOPER, a collection fee when and as connected. The amount to be paid as such connection fees shall be determined by the VILLAGE by separate ordinance. The properties or area to be subject to the special connection fee hereunder and the amount thereof shall be determined by the VILLAGE Engineer and such determination shall be filed with the VILLAGE. The total construction cost for the Lift Station, sometimes hereinafter called the "construction cost," shall be evidenced to the VILLAGE by a sworn statement of the OWNER/DEVELOPER as to the amount of such construction cost in a form and substance satisfactory to the VILLAGE on demand made by the VILLAGE. The VILLAGE shall have no liability or other obligation to pay or cause the payment of any sum of money to the OWNER/DEVELOPER on account of such recapture other than out of such funds as the VILLAGE shall collect pursuant to such separate recapture and special connection fee ordinances. The VILLAGE shall provide the appropriate ordinances to accomplish this, and use any reasonable means to enforce said ordinances. Recapture shall include computation of a recognized interest factor. IV EASEMENTS AND RIGHTS -OF -WAY 1. The OWNER/DEVELOPER agrees to grant to the VILLAGE and other governmental units easements for utilities, drainage, access and other public purposes as necessary upon approval of a final plat of subdivision for the TERRITORY. 2. All interior streets within the TERRITORY when developed shall be dedicated to the VILLAGE. Said streets shall be constructed in accordance with the VILLAGE's subdivision regulations. 3. The OWNER/DEVELOPER agrees to dedicate to the public fifty (50) feet of right -of -way along the TERRITORY's 127th Street and Archer Avenue frontages. 4. The OWNER/DEVELOPER shall be required to improve said street frontage so dedicated as per the approved engineering plan. -5- C� C.d 5. The TERRITORY's detention areas, including the landscaping thereof, shall be designed with the approval of the VILLAGE Engineer. OWNER/DEVELOPER shall grant to the VILLAGE permanent landscape easements around said detention area's in the dimensions set forth on the Keepataw Trails Plat of Subdivision. A true and accurate copy of the Keepataw Trails Plat of Subdivision is attached hereto as Exhibit "D." Said landscape easement shall prohibit any fencing from being placed within said landscape easements. V CHANGES TO PRELIMINARY PLAT The OWNER/DEVELOPER agrees to submit revised plans to the VILLAGE for any changes to the Preliminary Plat (Exhibit "B "). Any request to increase the number of dwelling units or residential lots, to change the pattern of land use, to change the location of streets or street intersections, to change the fundamental architectural character of the development, or to obtain a variance from the subdivision regulations not part of this Agreement, shall be consider "major" changes; other changes shall be considered "minor." "Major" changes shall require published notice and a public hearing before the Lemont Plan Commission to consider amendment of the Special Use Permit for the Residential Planned Development. After said public hearing the Plan Commission, shall forward its recommendation to the VILLAGE Board of Trustees, which shall approve or deny the requested amendment. If the changes are "minor," the VILLAGE may approve the final plat of subdivision without additional review and recommendation by the Plan Commission. VI FEES, BUILDING ORDINANCES, PERMITS AND GENERAL MATTERS 1. The OWNER/DEVELOPER 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. The OWNER/DEVELOPER further agrees to pay all fees, to reimburse the VILLAGE for planning, engineering, and legal fees incurred as a result of the OWNER/DEVELOPER's proposal and to obtain all permits required by present VILLAGE ordinances. 2. The OWNER/DEVELOPER shall be allowed to locate a sales trailer on the TERRITORY, subject to the applicable regulations of the Lemont zoning ordinance. 3. The OWNER/DEVELOPER shall be allowed to erect two (2) signs advertising the development, one on the TERRITORY's 127th Street frontage and one on its Archer Avenue frontage, each containing only the name of the development, the type and price of -6- C,C C`) 4w lots and /or units, each to measure no greater than 100 square feet in the extent of the sign fact, and each to be no greater than fifteen (15) feet in height, on the 'TERRITORY. 4. Upon execution of the Annexation Agreement and recording of the final plat of subdivision, the OWNER/DEVELOPER shall be authorized to secure a building permit for the construction of model homes and townhomes on Lots 16, 17, 18, 19 and 49. 5. The OWNER/DEVELOPER shall be allowed to secure building permits after the completion of the binder course of pavement and curb - and - gutter on all streets but before completion of the final course of pavement. VII VARIATIONS FROM THE SUBDIVISION ORDINANCES Notwithstanding the terms of the subdivision ordinance, the OWNER/DEVELOPER is hereby granted the following variances: 1. The north detention pond has a maximum depth of 5.62 feet and an average depth of 4.37 feet. The south detention pond has a maximum depth of 4.71 feet and an average depth of 4.46 feet. The maximum depth allowed is 4.0 feet. 2. The cul -de -sac at the southwest corner of the site is 545 feet long. The maximum allowable length of cul -de -sac in a residential subdivision is 500 feet. 3. The entrance to the site from 127th Street has a horizontal reverse curve that appears to be void of any tangent between the two curves. The minimum required tangent length is 50 feet. 4. The entrances to the site, both at 127th Street and Archer Avenue, have reverse vertical curves that appear to have tangent lengths between the reverse curves less than the minimum allowable length. The minimum allowable length is equal to one -half the length of the longest adjacent curve length. VIII CONTRIBUTIONS AND ANNEXATION FEE 1. The OWNER/DEVELOPER shall make cash contributions and pay an annexation fee at the time a final plat of subdivision is filed with the VILLAGE, in accordance with the ordinances of the VILLAGE. If a final plat of subdivision is filed within one (1) year of the effective date of this Agreement, the required contributions and annexation fee shall be as follows: Elementary School District Junior High School District High School District Park Purposes Library District Village of Lemont Annexation Fee TOTAL: $ 29,332.00 $ 12,400.00 $ 12,561.00 $ 88,354.00 $ 32,129.00 $ 24,500.00 $ 199,276.00 2. If a final plat of subdivision is submitted to the VILLAGE more than one (1) year after the effective date of this Agreement, the aforesaid contributions and the annexation fee shall be paid in amounts calculated in accordance with the terms of the ordinances of the VILLAGE in effect at the time of such final plat submittal. For purposes of this Agreement, when computing the amount of contributions to be paid, it shall be assumed that eighty per cent (80 %) of the single - family, detached dwellings contain four (4) bedrooms; twenty per cent (20 %) of the single - family, detached dwellings contain three (3) bedrooms; fifty per cent (50 %) of the single - family, attached dwellings ( "townhomes ") contain two (2) bedrooms and fifty per cent (50 %) of the single - family, attached dwellings contain three (3) bedrooms. All contributions and the annexation fee cited in this section shall be due and payable upon approval of the final plat of subdivision by the VILLAGE. IX WATER SYSTEM IMPROVEMENTS CONTRIBUTION The OWNER/DEVELOPER shall contribute to the VILLAGE the cost of expanding the VILLAGE to supply water to the TERRITORY. The contribution to the VILLAGE shall be added to the usual and customary connection fee and shall be paid at the time of connection. The parties agree that one thousand dollars ($1,000.00) shall be paid for each t: single - family unit and seven hundred fifty dollars ($750.00) for each attached, single - family F unit. co.) n tZ -8- p X APPROVAL OF PLANS The VILLAGE agrees to expeditiously take action to approve or disapprove all plats, plans and engineering submitted to the VILLAGE by the OWNER/DEVELOPER. If the VILLAGE determines that any such submission is not in substantial accordance with this Agreement and applicable ordinances, the VILLAGE shall promptly notify the OWNER/DEVELOPER in writing of the specific objection to any such submission so that the OWNER/DEVELOPER can make any required corrections or revisions. XI LETTERS OF CREDIT Upon approval of a final plat of subdivision for the TERRITORY, the OWNER/DEVELOPER agrees to furnish adequate financial security in the form of an irrevocable letter of credit to guarantee the completion of required public and private common area improvements including, but not limited to, water mains, sanitary sewers, storm sewers, detention basins, street lights, landscaping, and public sidewalks. Said letter of credit shall be in amount equal to one hundred twenty -five per cent (125 %) of the estimated cost of required public improvements as determined by the VILLAGE Engineer, and shall be issued by a reputable, federally insured banking or financial institution authorized to business in the State of Illinois. Upon completion of approximately twenty -five per cent (25 %), fifty per cent (50 %), seventy -five per cent (75 %) and one hundred per cent (100 %) of the required public improvements, the letter of credit securing public improvements shall be reduced by the corresponding percentage of the amount posted. The remaining twenty -five per cent (25 %) balance of the letter of credit shall then be reduced entirely within sixty (60) days following proper final completion of said public improvements. At the request of the OWNER/DEVELOPER, the VILLAGE shall act expeditiously to inspect and approve such reduction requests. The letters of credit shall be subject to the review of the VILLAGE Board of Trustees. XII 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 OWNER/DEVELOPER, so the OWNER/DEVELOPER may forthwith proceed to correct such violations as may exist. Moreover, the VILLAGE shall have an opportunity to correct possible violations. This paragraph shall not restrain the building official from issuing a stop work order in any case where he considers a continuation of the work to constitute a threat to the health or safety of the public or personnel employee on or near the site. The VILLAGE shall provide OWNER/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. XIII MAINTENANCE BOND At the time or times of acceptance by VILLAGE of the installation of any part, component or all of any public improvements in accordance with this section, or any other section of the Agreement, OWNER/DEVELOPER shall deposit with the VILLAGE a maintenance bond in the amount of five per cent (5 %) of the cost of the installation of the public improvements accepted by VILLAGE. This bond shall be deposited with the VILLAGE and shall be held by the VILLAGE for a period of twelve (12) months after completion and acceptance of all improvements. In the event of a defect in material and /or workmanship within said period, then said bond shall not be returned until correction of said defect and acceptance by VILLAGE of said corrections. XIV DAMAGE TO PUBLIC IMPROVEMENTS The OWNER/DEVELOPER shall replace and repair any damage to public improvements installed within, under or upon the subject realty resulting from construction activities by the OWNER/DEVELOPER, their successors or assigns and their employees, agents, contractors or subcontractors during the term of this Agreement. The OWNER/DEVELOPER shall have no obligation hereunder with respect to damage resulting from ordinary usage, wear and tear. -10- i XV TERMS OF THIS AGREEMENT - COVENANT RUNNING WITH THE LAND 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 be developed only in accordance with the plan as shown on the preliminary plat of subdivision as approved or as subsequently amended and approved by the VILLAGE. XVI REIMBURSEMENT OF COSTS The OWNER/DEVELOPER agrees to reimburse the VILLAGE for reasonable attorney's fees, planning consultants and engineering costs incurred by the VILLAGE in connection with the annexation of the TERRITORY, or in the enforcement of any of the terms of the Annexation Agreement upon a default by the OWNER/DEVELOPER. Such payment shall be made promptly upon receipt of a request from the VILLAGE of such reimbursement, with copies of the bills attached. IN WITNESS WHEREOF, the parties have caused this •Agreement to be executed on the day and year first above written. 7illage ST: ad(lite Clerk Title Tirift-MIAS P. Sarni Vice Pres.i,ic,fit ATTEST: Title ATTEST: c25 YVV' Title V NOTE: EXONERATION CLAUSE This Note is executed b Stata Bank of Co..intryside, not personally, but as Trustee as aforesaid, in trie of the power anci autnoiity cent:A-red open and vested ;n is as Such it is expres:_ly uncierstood and ,..geed by each originaii si/ectzsive owner or noioei OT this Note th:..t ilothing ho.N.iiri cunt bi; construed created any pon:4i u_ink of Cow:try. side to pay this Note or any inccre,,t that may acc;tie nere7 uuaor at oC labty. it any, owing :,xpressiy waiveci, enc.; ti-Lt nny rcevcry on this Not or on the WiElage Oven to seCi.ira p iyinent s1 .F.,1 be solely against ancl out Ot thp p,oDarty descno.:d in said ■■.4,irtgalge by. enforce- rrifnt Of the provi!-iiioris s:r.iid M.,rtizage and Note but W srrli. in cu., way an,!ct the personal ha . bi.it o nj apc tie ccrr kor, co signer, endorser or g.,,z,-;.nt.,:g of the Not.:. Each original and successive owner - rat hoideq of this N accept .F. thip barn::: upon the express ccn 0.00 that no duty shall rest upon the Trustee to se q t the rents. isnips and profits arising from the th-scrined tn said mortgage. or the proceed arising from the sale or other disposition thereof. VILLAG F LEMONT AND THE C BY: TE AUTHORITY THEREOF 1r resident STATE BANK OF COUNTRYSIDE, as Trustee under Agreement dated September 13, 1994, and Known as itir t No. 94-1483 ,or • ' Title s u N L. JUTZ!, Trust Officer KEEPATAW TRAILS L.L.C. BY: Title it} GLENSIDE BUILDERS, INC. BY: .7.77Z-ea--,./ZA Title -12- Elsie Petersen STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I, eAo-vvt.,ti A the State aforesaid, D personally known to me S , a Notary Public in and for said County, in REBY CERTIFY that Arthur Petersen and Elsie Petersen, the same person whose names are subscribed to the foregoing instrument, respectively appeared before me this day in person and acknowledge that they signed and delivered the said instrument as their own free and voluntary act. Given under my hand and Notarial Seal this My commission expires: Notary Public day of 9f' 1995. " OFFICIAL SEAL " ROSEMAY YATES N9 Ry PI/SL/U. STATE OF ILLINOIS MY COMMISSION EXPIRES 8/12/96 -13- LEGAL DESCRIPTION Parcel 1: THE EAST 1 OF LOT 16 AND THE EAST 1 OF LOT 17 IN COUNTY CLERK'S DIVISION OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Parcel 2: LOT 13 IN COUNTY CLERK'S DIVISION OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 30, 1880, AS DOCUMENT NUMBER 269446, IN COOK COUNTY, ILLINOIS. EXHIBIT "A" -14- PRELIMINARY PLAN to be attached EXHIBIT 'B" -15- KEEPATAW TRAILS PLAT OF SUBDIVISION to be attached EXHIBIT "D" -17- KEEPATAW TRAILS ARCHITECTURAL STANDARDS FOR TOWNHOMES 1. The intent of this development is to provide architecturally unique, high quality buildings on a very unusual site. Buildings and units shall display variation in roof arrangement for a more dramatic elevation. Color of masonry and roof materials will be consistent throughout the project, unifying the development with siding, trim and door colors providing individual treatment for the individual dwelling units. 2. All townhome units shall have masonry exteriors on the first floor on all four sides, including special design elements which could include two -story elements on the front or side elevations. 3. Each townhome dwelling units shall contain a two -car garage. 4. Besides masonry, siding materials above the first floor elevation shall be vynal, cedar, including horizontal siding, corner, trim, fascia and frieze boards, additional detail trim such as dentils, quoins, keystones and railing balustrades. Columns may include such materials as stone, composite materials or fypon. 5. Roofing materials shall be architectural grade asphalt or fiberglass shingles, heavyweight 240 or better. Wood or concrete roof shingles or standing seam metal roof and fascia combinations shall be acceptable alternatives. 6. To minimize maintenance on the exterior elements, window systems will utilize cladding of either vinyl or aluminum depending on the manufacturer of a specific unit of sliding glass doors or French doors. As exterior elements will match the windows, manufactured exterior doors will be quality detailed metal, fiberglass or wood materials provided by the window supplier or manufacturer to match the existing architectural style. Exterior light fixtures will be of high quality materials selected for design that will enhance the architectural details of the structure. EXHIBIT "E" -18-