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O-930-95 10/23/9596164110 VILLAGE OF LEMONT ORDINANCE NO. . DEPT -01 RECORDING $43.00 . T47777 IRAN 8293 03/05/96 09=56100 - ;15031 8K 31-96-164110 • COOK COUNTY RECORDER AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AN ANNEXATION AGREEMENT FOR A 20 ACRE PARCEL GENERALLY LOCATED ON THE NORTH SIDE OF ARCHER AVENUE BETWEEN SMITTY AND PARKER ROAD IN LEMONT, ILLINOIS (Oak Tree Subdivision) ADOPTED BY THE RESIDENT 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, thisg iay of' , 1995, , 1995 C { i FEE. $ 439:-5 PAT 3 'G COPIES ORDINANCE NO. 930 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AN ANNEXATION AGREEMENT FOR A 20 ACRE PARCEL GENERALLY LOCATED ON THE NORTH SIDE OF ARCHER AVENUE BETWEEN SMITTY AND PARKER ROAD IN LEMONT, ILLINOIS (Oak Tree Subdivision) 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 knin as "OAK TREE ANNEXATION AGREEMENT" dated the me day of 1995, (a copy of which is attached hereto and made 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. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES ��_OOF COOK, DuPAGE, AND WILL, ILLINOIS, on this493day of , 1995. • Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Approved by me this Attest: 4� CHARLENE SMOLLEN, Village Clerk AYES NAYS PASSED ABSENT 7 ARLENE SMOLLEN, Village Clerk f ,1995. ICHARD A. KWASNESKI, Village President Mail to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 22 -27- 200 -008; DOC.ID.:OAKTREE.EXO FIRST AMENDMENT TO OAK TREE ANNEXATION AGREEMENT THIS FIRST AMENDMENT TO OAK TREE ANNEXATION AGREEMENT (the "AMENDMENT "), is made and entered into this 023 ?4 day of Oc- -- , 1995, 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 PALOS BANK AND TRUST COMPANY AS TRUSTEE UNDER TRUST NUMBER 1 -3728, DATED JANUARY 31, 1995 (hereinafter referred to as "OWNER ") and RCR /OAK TREE ASSOCIATES, INC. (hereinafter referred to as "DEVELOPER "). 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 is the successor trustee to First National Bank of Evergreen Park, as trustee under Trust #10894; and WHEREAS, DEVELOPER is the successor developer to Robert C. Ranquist and Co., Inc.; and WHEREAS, on July 27, 1992 the VILLAGE, the then -Owner and the then - Developer entered into an Annexation Agreement (the "Annexation Agreement ") setting forth the terms and conditions governing the annexation, zoning and development of the TERRITORY; and WHEREAS, at the express request of the owner of property adjacent to the TERRITORY, the annexation of which property to the VILLAGE is necessary in order to achieve contiguity of the TERRITORY to the VILLAGE, OWNER has submitted to the VILLAGE a Petition for Amendment to the Annexation Agreement, requesting approval of an amendment to the Annexation Agreement so as to restrict the use of the TERRITORY for a period of approximately twenty (20) years exclusively to single - family residential purposes; and WHEREAS, OWNER, DEVELOPER and VILLAGE agree that they will be bound by the terms of this AMENDMENT; and, 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 65 ILCS 5/11 - 15.1 -1 (1994), as amended, and pursuant to Article XVII, Section B of the Annexation Agreement, to amend said Annexation Agreement; and, 1 WHEREAS, pursuant to the provisions of said Statute, the corporate authority of said VILLAGE has duly fixed a time for and held a hearing upon the AMENDMENT and has given notice of said hearing; and, WHEREAS, said hearing was held pursuant to notice as required by law, and said public hearings were held prior to the execution of this AMENDMENT; and WHEREAS, the corporate authority of the VILLAGE has considered the development of the TERRITORY described in the Petition for Amendment to the Annexation Agreement 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 the Annexation Agreement, as amended. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter contained, the parties agree as follows: INCORPORATION OF RECITALS The foregoing recitals are expressly incorporated herein and made a part hereof as if fully set forth at length hereinafter. I I AMENDMENT TO ANNEXATION AGREEMENT Article II of the Annexation Agreement, entitled "Zoning and Land Use Restrictions" is hereby amended by adding the following sentences thereto: The TERRITORY shall be zoned exclusively for single- family residential uses, with no special use permits, for at least twenty years following its annexation. In accordance with this provision, the Plat of Subdivision for the TERRITORY shall contain the following restriction: "This real estate shall be used exclusively for single family residential purposes until at least June 1, 2015." 2 Ill VARIANCE TO SUBDIVISION REGULATIONS The VILLAGE, not later that the first regular meeting of the Board of Trustees following the annexation of the TERRITORY to the VILLAGE's corporate limits, shall enact an ordinance granting a variance to the VILLAGE's Subdivision Regulations, providing for a waiver of the requirement to construct and install a public sidewalk within the Archer Avenue right of way adjacent to the TERRITORY. Said ordinance shall contain an express provision that said variance shall not be effective unless and until the OWNER or DEVELOPER contributes to the VILLAGE an amount equal to the cost of the construction and installation of the subject public sidewalk. Said contribution shall be made not later than the time of issuance of a building permit for installation of water, sewer and street improvements to the TERRITORY, and the amount thereof shall be subject to the approval of the VILLAGE Engineer. IV RECORDATION The parties agree to do all things necessary to cause a Memorandum of this AMENDMENT to be recorded in the Office of the Recorder of Deeds, Cook County, Illinois. Said Memorandum shall be executed contemporaneously with this AMENDMENT 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 OWNERS, their successors and assigns have complied in all respects with the terms of the Annexation Agreement, as amended, exercise its best efforts to secure the waiving of this Memorandum as a title objection. V MISCELLANEOUS PROVISIONS A. NO OTHER AMENDMENT: Except as expressly set forth herein, all other terms provisions, covenants and conditions contained in the Annexation Agreement remain in full force and effect. B. BINDING EFFECT AND TERM: This AMENDMENT shall be binding upon and inure to the benefit of the parties hereto, successor owners of record of the TERRITORY, 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 hereof. °Var.:39f; C. SEVERABILITY: This AMENDMENT is entered into pursuant to the provision of 65 ILCS 5/11 -15.1 et seq. (1994). The corporate authorities of the VILLAGE have heretofore conducted a public hearing upon this AMENDMENT. In the event any part or portion of this AMENDMENT, or any provision, clause, wording, or designation contained within this AMENDMENT 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 AMENDMENT and the invalidity thereof shall not affect the remaining portions thereof. D. ENFORCEABILITY: This AMENDMENT 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, devisees and personal representatives, agrees that the warranties and recitals set forth in the preamble to this AMENDMENT are material to this hereto, and the parties hereby confirm and admit their truth and validity and hereby incorporate such representations, warranties and recitals into this AMENDMENT and the same shall continue during the term hereof. F. CAPTIONS AND PARAGRAPH HEADINGS: The captions and paragraph headings incorporated herein are for the convenience only and are not part of this AMENDMENT. G. CONFLICT IN REGULATIONS: 1. The provisions of this AMENDMENT shall supersede the provisions of any ordinance, codes, policies or regulations of the VILLAGE which may be in conflict with the provisions of this AMENDMENT. 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 AMENDMENT. 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. ST: VILLAGE CLERK GE OF LEMONT AND THE UT O TY THEREOF 5 PRESID OWNER: PALOS BANK AND TRUST COMPANY, AS TRUSTEE AFORESAID U /T /A 1 -3728 DTD 01/31/95 AND NOT PERSONALLY: By: /, #.4! %/ S%" M ry1 Ka7' Burke Its: Land Trust Officer Attest: ! J " Imes if Marti:•, Its: rust officer DEVELOPER: RCR/OAK TREE ASSOCIATES, INC. an Illinois corporation By: PR THIS DOCUMENT PREPARED BY: Michael D. Malicki RCR/Oak Tree Associates, Inc. 15750 South Bell Road Suite 2E Lockport, Illinois 60441 708 - 301 -1900 708 - 301 -1901 FAX AFTER RECORDING RETURN TO: VILLAGE OF LEMO T 418 Main Street Lemont, IL 604J9 PERMANENT INDEX NUMBER: 22 -27- 200 -008 EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER (EXCEPTING THEREFROM THE EAST 50.00 FEET) OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTHWESTERLY OF THE CENTER LINE OF ARCHER ROAD, ALSO THE EAST 35.80 LINKS OF THAT PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 27, AFORESAID LYING NORTHWESTERLY OF THE CENTER LINE OF ARCHER ROAD, IN COOK COUNTY, ILLINOIS. 6 EXHIBIT B PLAT OF ANNEXATION nT M PLAT OF ANNEXATION TO THE VILLAGE Of LEMONT 1.0•11.11P 1 /I I n 1/1 OP 'I°. II. TwwW.IIT It POP . LA..AI II. RUT Or MI IMMO Ht/tlA0I *1* 05 LLCTH 70 r.n I /T H HH. OT u2) I/1 Of PPP .MTnAIT 1/1 Of 01 AA00 If. l Intl M T0 O 0101. 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