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CERTIFICATE
I, CHARLENE SMOLLEN, certify that I am the duly elected and acting Municipal
Clerk of the Village of Lemont, Counties of Cook, Will, and Du Page, Illinois.
I further certify that on July 25th
, 1994, the Corporate
Authorities of such municipality passed and approved Ordinance No. 849
f
entitled AN ORDINANCE REPEALING ORDINANCE NO. 545 FOR THE DEVELOPMENT FORMERLY
KNOWN AS AMBERSHIRES AND APPROVING A NEW PLANNED UNIT DEVELOPMENT KNOWN AS
COVINGTON KNOLLS
which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 849 , including the Ordinance and a cover
sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal
building, commencing on July 25th , 1994, and continuing for at least
ten days thereafter. Copies of such Ordinance were also available for public inspection
upon request in the office of the Municipal Clerk.
I further certify that the attached is a true and correct copy Ordinance No. 849
• ' • ' which was passed by the Board of Trustees of the Village of Lemont at a regular meeting
MA kilt ▪ rn
�,ON '»,°held on the above date.
•.n 1 : Dated at Lemont, Illinois this 25th day of July , 1994.
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CHARLENE M. SMOLLEN, Village Clerk
G'1
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION
ST. VINCENT DePAUL HIGH SCHOOL
and LITAS INVESTING CO., INC.,
Plaintiffs,
VS.
Case No. 86 CH 7622
VILLAGE OF LEMONT,
Defendant.
AMENDED CONSENT DECREE
ITEM VI.C.1.
f1729'75
EN"t E.RED
CI -E.K OF THE CIRCUIT COURT
uci<i
JUDGE
AUG " 1994
THIS MA1"I'rR having come before this Court on t FFetit tl af—Dr d
Building Company, an Illinois General Partnership, successor in interest to Litas Investing
Co., Inc. as sole beneficiary under a land trust at Standard Bank and Trust Company as
Trustee under Trust Agreement dated May 5, 1993 under Trust Number 13867, current title
holder of record to the real estate subject to—the—terms of the Consent Decree dated
December 26, 1986, and the parties having reported to the Court that all parties in interest
have consented to and agree to modify and amend the Consent Decree of December 26,
1986 and agree to be bound by the terms of this Amended Decree hereinafter set forth and
the Court being fully advised in the premises:
NOW, THEREFORE, upon the consent of the parties hereto, the Court finds as
follows:
1. The Court has jurisdiction of the subject matter of this action and of the parties
hereto, and has jurisdiction and authority to enter this Decree.
2. Plaintiff, St. Vincent DePaul High School, an Illinois not - for -profit corporation,
is no longer a party in interest to these proceedings and has no interest in the real estate.
3. Litas Investing Co., Inc. is no longer a party in interest to these proceedings and
has no interest in the underlying real estate. Orchard Hill Building Company, an Illinois
General Partnership, is the sole beneficial owner of the real estate described in Exhibit 1
and Lithuanian Mission Center, Inc., an Illinois Not For Profit Corporation is the owner
of the real estate described in Exhibit 1A.
4. This Amended Consent Decree shall apply to and affect the parties hereto, and
their successor(s) and assign(s) in interest, and the tracts of land referred to herein as more
particularly described in the legal description contained in Exhibits 1 and Exhibit lA
' at law or in equity available to contest any future relief or modification to this Amended
- Consent Decree
4. 'This Court reserves and retains jurisdiction of the above - entitled action for the
purpose of permitting the parties to this Decree to apply to this Court at any further time
for such further orders and directions as may be necessary for the construction,
implementation or enforcement of this Amended Consent Decree.
Dated this 25th day of July , 1994.
CONSENTED TO:
ORCHARD HILL BUILDING COMPANY,
an Illinois General Partnership
6280 Joliet Road
Countryside, Illinois 60525
By: ! t°
Robert E. Gall:
STANDARD BANK AND TRUST
COMPANY as Trustee under Trust
Agreement dated May 5, 1993
under Trust Number 13 67
By.
Bridg
Attest:
Brian M. Gr. ato, ,T.O.
Antonopoulos, V.Lel : Groselak, P.C.
15419 127th Street - Suite 100
Lemont, Illinois 60439
708 -257 -5816
Cook County Attorney No. 20650
A: \VILLAGE \AMBERSHIRES.DECREE:VMS
ENTER:
CLEKNF
TE ' Ht Ci R E DRT
l<I
JUDGE AUG % 1994
JUDGE .,,
CONSENTEDDF; CLERK
VILLAGE OF LEMONT,
a Municipal Corporation
Richard asneski, Mayor
Village of Lemont
418 Main Street
Lemont, Illinois 60439
708 - 257 -5816
Lithuanian Mission Center, Inc.
an Illinois Not For Profit
Corporation also known as
The Lithuanian World Center
By:
t #497
4
14911 West 127th Street
Lemont, Illinois 60439
708 - 257 -8787
This Instrument Is signed, sealed and delivered by STANDARD BANK AND TRUST
COMPANY, solely in its rapacity as Trustee as aforesaid. Any and all duties, oblf:a
Hans and liabilities of the Trustee hereunder are to be performed by said STAN:iAft0
BANK AND TRUST COMPANY only as such Trustee. Any claims, demands and Ilabi'.
(ties which may at any time be asserted against the Trustee hereunder shall be paid.
collected or satisfied against only the Property or assets in the possession of said
STANDARD BANK AND TRUST COktPANY as Trustee as aforesaid , and the said
STANDARD BANK AND TRUST COMPANY does not u nderta ke, nor shall It have
any persOnel or Individual liability or obligation of any nature whatsoever by virtue
of the execution and r'elivery hereof, nor shall STANDARD BANK AND TRUST COM•
PANY, either Individually or as Trustees, be under any duty or obligation to sequester
the tents, Issues and profits arising from the property described or any other property
Which It may hold under the terms and conditions of said Trust Agreement.
VILLAGE OF LEMONT
ORDINANCE NO. �j
AN ORDINANCE REPEALING ORDINANCE NO. 545
FOR THE DEVELOPMENT FORMERLY KNOWN AS AMBER SHIRES
AND APPROVING A NEW PLANNED UNIT DEVELOPMENT
KNOWN AS COVINGTON KNOLLS
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This ____ day of �� , 19—
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, Will & DuPage
Counties, Illinois, this )6
day of , 19
ORDINANCE NO. EL
AN ORDINANCE REPEALING ORDINANCE NO. 545
FOR THE DEVELOPMENT FORMERLY KNOWN AS AMBER SHIRES
AND APPROVING A NEW PLANNED UNIT DEVELOPMENT
KNOWN AS COVINGTON KNOLLS
WHEREAS, previously adopted Ordinance No. 545 authorizes and requires the
Village Board to approve major changes to the Planned Unit Development formerly known
as Amber Shires and now known as Covington Knolls; and
WHEREAS, the current property owner and Developer have requested major
changes in the approved Plan Unit Development that was approved by a Consent Decree
dated December 23, 1986 entered in the Circuit Court of Cook County in Case No. 86 CH
7622 entitled St. Vincent DePaul High School and Litas Investing Co., Inc. vs. Village of
Lemont; and
WHEREAS, the current property owner has filed a Petition in the above entitled
cause requesting a modification of said Consent Decree; and
WHEREAS, the Village Board acknowledges that the previously adopted P.U.D.
adopted by Ordinance No. 545 is not in the best interest of the Village and should be
repealed as it relates to the subject property excluding the property commonly known as the
Lithuanian World Center; and
WHEREAS, the President and Board of Trustees have conducted a public hearing
on this Ordinance and the proposed modification to the Consent Decree; and
WHEREAS, The Mayor and Board of Trustees of the Village of Lemont approve a
new Development Plan as more particularly described herein; and
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND
DUPAGE, STATE OF ILLINOIS:
SECTION 1: Amended Planned Unit Development Approval.
January 1994, revised April
The amended Planned Unit Development datedths day of
1994, prepared by Engineering Resource Associates, Inc., be and is hereby approved and
granted to allow Orchard Hill Building Company, an Illinois General Partnership, or its
successors or assigns, (collectively referred to as the "Owner or Developer") to construct
a Planned Unit Development upon the subject property legally described on Exhibit "A"
pursuant to the Preliminary Subdivision Plan which is attached hereto and identified as
Exhibit "B" (detailed in full according to plans and specifications now on file with the
January 1994, revised April
Village of Lemont prepared by Planning Resources, Inc. dated 1994,
consisting of 11 pages) is incorporated into this Ordinance as if fully set forth herein.
SECTION 2: Zoning District Changes.
The subject property legally described in Exhibit "A" which excludes the property
commonly known as the Lithuanian World Center be and the same is hereby rezoned from
the present P.U.D. Ordinance as adopted December 22, 1986 as Ordinance No. 545 and
rezoned in accordance with the Preliminary Subdivision Plan which is attached as Exhibit
"B ". For purposes of the Planned Unit Development provisions of the Zoning Ordinance,
the zoning districts will be known as the prevailing and /or underlying districts:
(a) Parcel 1 as designated on the Preliminary Subdivision Plan which is attached
as Exhibit "B" is zoned for development use as R-4 Single- Family Residence
with the following variations:
(i)
lot area and width shall be allowed to be
developed in accordance with the Preliminary
Subdivision Plan attached. No lot shall be less
2
EXHIBIT IA
LITHUANIAN MISSION CENTER, INC.
COMMENCING AT THE SOUTH EAST CORNER OF THE SOUTHWEST QUARTER OF
SAID SECTION 28 THENCE N90'- 00' -00 "W ALONG THE SOUTH LINE OF SAID
SOUTHWEST QUARTER OF SECTION 28 A DISTANCE OF 985.85 FEET TO THE POINT
OF BEGINNING; THENCE NO0'- 00' -00 "W A DISTANCE OF 468.13 FEET, THENCE
NO9'- 09' -56 "E A DISTANCE OF 241.39 FEET, THENCE N60'- 15' -21 "E A DISTANCE OF
383.22 FEET, THENCE S29'- 44' -39 "E A DISTANCE OF 174.54 FEET, THENCE
N90'- 00' -00 "E A DISTANCE OF 531.40 FEET, THENCE NOT-15.-21"W A DISTANCE OF
385.67 FEET, THENCE S90'- 00' -00 "W A DISTANCE OF 364.40 FEET, THENCE N27' -21'-
17 W A DISTANCE OF 446.79 FEET, THENCE S61'- 34' -39 "W A DISTANCE OF 161.04
FEET, THENCE SST-IV-21"W A DISTANCE OF 741.26 FEET, THENCE S30'- 09' -35 "E
A DISTANCE OF 633.97 FEET, THENCE S09'- 09' -56 "W A DISTANCE OF 216.48 FEET,
THENCE S00'- 00' -00 "E A DISTANCE OF 474.54 FEET, THENCE S90'- 00' -O0 "E A
'DISTANCE OF 80.00 FEET IN COOK COUNTY, ILLINOIS
2 -ZS "--0/ -00
attached hereto and incorporated herein by reference.
5. This Agreement affects the settlement of claims which are denied and contested,
so that nothing contained herein shall be construed as an admission by any party hereto of
any liability of any kind of any other party. Each of the parties hereto deny liability in
connection with any claim and intend by this Amended Consent Decree to avoid the costs
and expenses of further litigation.
6. Orchard Hill Building Company and Standard Bank and Trust Company as
Trustee under Trust Agreement dated 05/05/93 under Trust Number 13867 agree that the
use and development of the subject property as described in Exhibit 1 and the terms of the
Covington Knolls Revised Planned Unit Development Ordinance No. c(`'f 9 which
is attached hereto as Exhibit 2 and as incorporated herein by reference, will be observed
and adhered to and may be enforced by this Court upon the application of The Village of
Lemont or Orchard Hill Building Company.
7. The Village of Lemont has adopted the Covington Knolls Revised Planned Unit
Development Ordinance No. 'RI-19 (Exhibit 2) as a compromise to avoid protracted
and costly litigation, and said Ordinance shall not be construed so as to imply any intent
by the Village of Lemont to deviate from its Comprehensive Plan or Zoning Ordinance
8. The Village has further adopted Ordinance No. t-,' C\ (Exhibit 2A) which
relates to the property owned by the Lithuanian Mission Center, Inc. and which is legally
described in Exhibit 1A.
NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:
1. That the agreement expressed in paragraphs 1 through 7 above by and between
the Plaintiff, Orchard Hill Building Company, an Illinois General Partnership, and the
Defendant, Village of Lemont, be and is hereby approved.
2. The agreement expressed in Paragraph 8 above between The Lithuanian Mission
Center, Inc. and the Village of Lemont is hereby approved.
3. Agreements between the Village of Lemont, Orchard Hill Building Company and
the Lithuanian Mission Center, Inc. are separate from each other and any further relief or
modification under this Decree shall only require the consent of the party owning the tract
of land (as described in Exhibit 1 or Exhibit 1A, as the case may be) which is the subject
of the request for relief or modification and the Village of Lemont. Nothing herein shall
1 be construed as limiting the rights of the parties owning the tracts of land which az e the
subject of this Amended Consent Decree, or their successors in title, to pursue any remedy
EXHIBIT 1
LEGAL DESCRIPTION FOR COVINGTON KNOLLS
THE SOUTH WEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 11
EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS;
EXCEPTING FROM SAID TRACT THAT PART THEREOF DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH EAST CORNER OF THE SOUTHWEST QUARTER OF
SAID SECTION 28 THENCE N90'- OO' -00 "W ALONG THE SOUTH LINE OF SAID
SOUTHWEST QUARTER ER OF SECTION 28 A DISTANCE OF 985.85 FEET TO THE POINT
OF BEGINNING; THENCE N00'- 00' -O0 "W A DISTANCE OF 468.13 FEET, THENCE
N09'- 09' -56"E A DISTANCE OF 241.39 FEET, THENCE N60'- 15' -21 "E A OISTANCE OF
383.22 FEET, THENCE S29.'-44'-39"E A DISTANCE OF 174.54 FEET, THENCE
NG0'- OO' -0O "E A DISTANCE OF 531.40 FEET, THENCE NO0'- 15' -21 "W A DISTANCE OF
385.67 FEET, THENCE S90'- 00' -00"W A DISTANCE OF 364.4-0 FEET, THENCE N27' -21'-
17"W A DISTANCE OF 446.79 FEET, THENCE S61'- 34' -39 "W A DISTANCE OF 161.04
FEET, THENCE S60'- 15' -21 "W A DISTANCE OF 741.26 FEET, THENCE S30'- 09' -35 "E
A DISTANCE OF 633.97 FEET, THENCE SO9'- 09' -56"W A DISTANCE OF 21666.48 FEET,
THENCE S00'- 00' -00 "E A DISTANCE. OF 474.54 FEET, THENCE S90'- 00' -00 "E A
DISTANCE OF 80.00 FEET IN COOK COUNTY, ILLINOIS
AND
THE WEST HALF OF THE SOUTHEAST QUARTER (EXCEPT THE SOUTH 1600 FEET
THEREOF) AND THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST
QUARTER (EXCEPT THE SOUTH 1600 FEET THEREOF) OF SECTION 28, TOWNSHIP
37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK
COUNTY, ILLINOIS
AND
THAT PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 28, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, LYING SOUTHERLY OF THE CENTERLINE OF MC CARTHY ROAD IN
COOK COUNTY, ILLINOIS.
-Z e- 30/ -00
than 8,750 square feet or 70 feet in width at
building setback line except for 11 lots that are
identified on the Preliminary Subdivision Plan;
(ii) side yard setbacks shall be not less than 10% of
the lot width nor less than 7.5 feet;
(iii) all corner yard setbacks shall be 25 feet except
that a 20 foot setback shall be allowed on the side
yard facing the street for particular lots as shown
on the Preliminary Subdivision Plan as "building
setback."
(iv) Lots with buildable areas less than 70 feet in
depth as measured from the front building set
back line to the rear building set back line shall,
to the extent of such deficiency, be granted a
variance from the rear set back otherwise
required, but in no event shall the variance
exceed 10 feet and shall only apply to 23 lots that
are identified on the Preliminary Subdivision
Plan.
(b) Parcels 2a and 2b as designated on the attached Preliminary Subdivision Plan
as R -5 Single- Family shall conform to the following standards:
Parcels 2a and 2b combined shall not total more
than 90 dwelling units;
public streets shall be required, designed
3
according to the Subdivision Regulations;
(iii) minimum 25 -foot front yard and corner yard
setbacks;
(iv) minimum 15 -foot side yard setbacks;
(v) Minimum 30 -foot rear yard setbacks;
(vi) minimum lot area shall be calculated according
to the following schedule: 4,500 square feet each
2- bedroom unit; 5,000 square feet each 3- bedroom
unit; 5,500 square feet each 4- bedroom unit;
(vii) relief from the above requirements may be
granted, at Village discretion, as provided under
Planned Development Regulations in the Zoning
Ordinance.
(c) Parcel 3 located along McCarthy Road as designated on the attached
Preliminary ' Subdivision Plan is zoned as B-1 Neighborhood Shopping
District.
(d) Parcel 4 located on 127th Street as designated on the attached Preliminary
3
Subdivision Plan is zoned as B,Commercial District.
Notwithstanding the Zoning District designations for Parcels 3 and 4, the Owner
shall have the right to request, and the Village shall grant if requested, a reversion in
zoning after the occurrence of the first to occur:
(i)
seven years after the completion of the I -355
interchange at 127th Street and its opening to
traffic; or
4
(ii) ten (10) years from the date of this Ordinance
In the event the owner elects a reversion:
Parcel 3 shall be rezoned to R-4 Single Family
Parcel 4 shall be rezoned to R-4 Single Family, or subject to
Village Board approval and public hearing, to R -5 Singe Family
Attached.
The zoning map of the Village of Lemont be and the same is hereby amended in
accordance with the provisions of this Ordinance
SEC'T'ION 3: Subdivision Plan Approval.
The Village approves the development of the subject property in general accordance
with the attached Preliminary Subdivision Plan and affirms that said Subdivision Plan
complies with the Village of Lemont Zoning and Subdivision Ordinances and the Village
of Lemont Municipal Code except to the extent departures, variances, and bulk exceptions
are set forth herein. The Preliminary Subdivision Plan identified as Exhibit "B" is hereby
approved and authorized as a Special Use in the prevailing districts as stated in Section 2
of this Ordinance Nothing contained herein shall be deemed to prohibit the Owner from
revising the aforesaid Subdivision Development Plan provided that any such revision shall
comply with the Village of Lemont Zoning Ordinance and the Village of Lemont
Municipal Code except to the extent departures, variances and bulk exceptions are set forth
herein. All streets as shown on the Preliminary Subdivision Plan shall be dedicated public
streets. The Village agrees to accept the streets as dedicated at the time of the completion
of construction in accordance with its subdivision rules and regulations.
In addition to the areas designated on the Preliminary Plat of Subdivision, the owner
shall:
5
(a) Grant an easement of sufficient size and area that will allow for the
construction and maintenance of the water main between the Abbey Oaks
Subdivision and the Lithuanian World Center.
(b) Dedicate a 33 -foot right -of -way in the Walker Road alignment
at the East End of Parcel 4 adjoining the B -3 Commercial
District.
(c) Provide an improved roadway with public utility easements to
Parcel 2a as designated on the Preliminary Subdivision Plat as
R -5 Single Family Attached Residence.
SECTION 4: Subphase Approval.
The Village President, with the approval of the Village Board of Trustees,
Community Development Department and Village Engineer shall approve and certify Final
Subdivision Plat approval for each subphase in accordance with the Phasing Plan identified
as Exhibit "C" and attached hereto. Each subphase will be approved when Final
Engineering Drawings are submitted by the Owner, provided that such Final Engineering
Drawings substantially conform to the Phasing Plan and Preliminary Subdivision Plan as
approved, and all applicable Village Ordinances and rules and regulations thereunder in
effect as of the date hereof as amended, modified or varied by the terms hereof. Review
and approval by the Village President, Community Development Department and the
Village Engineer shall not be unreasonably withheld or unduly delayed. The Subphase Plat
shall be recorded by the Village Clerk within 10 days of the approval of the Subphase Plat
by the Village President, Community Development Department and Village Engineer.
6
SECTION 5: Water Main Extensions.
(a) As part of Phase I Final Plat approval, the Developer shall construct a 12 inch
water main on the North side of 127th Street from Abbey Oaks Development west to a
point of connection at Covington Drive with a 12 inch water main proposed by others.
(b) As part of Phase II or any development East of Fourth Street, the Developer
shall connect with a 10 inch main to an existing 16 inch water main in Old Derby Estates.
SECTION 6: Sanitary Sewer.
The construction of all sanitary sewers shall be directed to the MWRD interceptor
at a depth to allow gravity flow for the entire development and the elimination of a lift
station currently located at First Street.
Promptly following completion, the Village shall reimburse Developer the actual
incremental cost of connecting to the MWRD interceptor at 121st Street and Walker Road,
to wit:
1. The cost, including engineering fees, to extend an 18 -inch sewer along Walker
Road to McCarthy Road, 'estimated at $185,000.00, plus
2. The additional cost, including engineering fees, to increase by approximately 15
feet the depth of the 18 -inch sewer and manholes along Covington Drive from Pendleton
Drive to McCarthy Road, estimated at $52,800, minus
3. $71,000.00 representing the estimated cost of the Logan Street sewer separation
project required under the Consent Decree for which the Developers will no longer be
obligated as a result of increasing the depth and extending the 18 -inch sanitary sewer as
noted above.
7
The cost estimates and actual construction costs, including engineering fees, shall
be verified by the Village Engineer and the Developer's Engineer. In the event of a dispute,
a third Independent Engineer shall be selected by the Village and the Developer's Engineer
to verify the actual cost, or estimate, which shall be binding on all parties.
SECTION 7: Drainage.
As a condition to Preliminary Subdivision Plat approval, the Developer shall:
(a) Prepare a drainage study of the Hillview basin from Covington Knolls to Cass
Street.
(b) Reimburse the Village for one half of the cost to acquire additional easements
and to excavate and grade a drainage ditch beginning at the Northwest corner of the
Covington Knolls property (the Southwest corner of the Northwest 1/4 of Section 28,
Township 37 North, Range 11) and running North a distance of approximately 600 feet.
The Village and Developer acknowledge that the burden to the ditch is properly allocable
between them in the ratio of 50% each.
SECTION 8: Tree Line Preservation.
(a) The Developer shall use its best effort to preserve the existing tree line on the
North property line adjoining the Old Derby Subdivision. Prior to commencing
construction or excavation along the North property line, the Developer shall inventory by
size, species, health and location trees greater than 4 inches in diameter which are to be
removed or severely damaged, and the same shall be replaced on site with trees measuring
two and one -half (2 1/2) inches in diameter. Replacement trees shall be the same species
or other species approved by the Village. The Developer shall notify the Village prior to
excavation in or near the 10 -foot strip.
(b) In the event the Developer relocates an existing Badger Pipe Line, it shall not
be relocated closer than 15 feet from the North property line. In addition to the
requirements of paragraph (a) above, the Developer shall plant a minimum of fifty (50)
trees, minimum one and one -half (1 1/2) inches in diameter, mixed variety, along the north
property line to mitigate the impact of the pipeline relocation. Said work shall be
completed no later than the end of the first Fall or Spring season to occur after completion
of the pipeline relocation.
8
SECTION 9: Intersection Improvements / McCarthy Road.
Subject to a limit of $7,500.00, the Developer agrees to reimburse the Village within
30 days of receipt of a bill from the Village for 25% of the cost of improvements to the
intersection of Walker and McCarthy Roads, including the cost to signalize the intersection.
The Village agrees to use all reasonable efforts to accomplish such improvements through
the use of Federal, County or State funds.
SEC:11ON 10: Roadways.
(a) Prior to Final Plat approval of any phase that cumulatively includes 300 lots,
Covington Drive shall be extended by the Developer to Walker Road. The construction
of Covington Drive as extended is conditioned upon the Village having acquired the
necessary right -of -way.
If Developer undertakes and pays the cost to extend Covington Drive East of its
property line (i.e across a 15 -acre tract identified by P.I.N. 22- 28-400 -001, the "Connection
Property ") to Walker Road, it shall be entitled to recover from the subdivider /developer
of the Connection Property the full cost of such road extension plus interest at the rate of
6% per annum until paid. Interest shall not accrue after eight (8) years from the date of
substantial completion. The Village agrees that it will not grant subdivision approval for
any part of the Connection Property without first securing from the subdivider /developer
the full cost of the road extension and interest as provided above, and remitting same to
Developer.
(b) Developer shall remit to the Village the actual cost to upgrade Walker Road
pavement thickness and base from Local to Collector street standards (a distance of about
600 feet South of McCarthy Road).
9
SECTION 11: Parks.
As provided in the Preliminary Subdivision Plan, open space is set aside as
delineated in said plan. This common open space consists of 7.1 acres of usable park land
(exclusive of detention and wetland areas). No other land contribution is required in this
Ordinance for park purposes.
All sites shall be conveyed in a condition ready for full service of electrical, water,
sewer, streets (including enclosed drainage and curb and gutter) and suitable soil conditions
for the construction of small buildings as applicable to the location of the site, or
acceptable provision made therefor. In addition, location of hydrants shall be made in
conformance with Village requirements. Provision for water for watering vegetation and
flooding for ice skating shall be made where appropriate. Sewers for possible installation
of restrooms /shelter at a later date shall be provided. Electricity for street lights for future
lighting for shelters and security shall be provided. Security lighting along pathway shall
be provided. All areas must be final graded and seeded to meet Park District
Specifications subject to Final Grading Plan approval by the Village. Nothing herein shall
prohibit the Owner and Park District from entering into an agreement to accept payment
of cash or other method of compensation in lieu of making any improvements.
Promptly after adoption of this Ordinance by the Village and entering the Amended
Consent Decree with the Court, Developer shall grant to the Lemont Park District a lease
to use 7.73 acres lying East of Covington Drive, North of 127th Street and South of "Phase
I" for organized football and soccer, which lease shall remain in force until such time as
Developer completes and the Lemont Park District accepts the permanent site.
Concurrently with the development of "Phase P ", the Developer shall commence
construction and provide necessary material to the temporary park site in accordance with
10
a letter of understanding dated July 19, 1994 which is attached hereto and identified as
Exhibit 'D ".
In addition to park land dedication and improvements, the Village shall, from its
own funds, pay the Park District $23,886.00 at the time of Final Plat Approval for the First
Phase.
Commencing with the construction of Covington Drive adjacent to the park site in
Phase V, or prior to Final Subdivision Plat approval for 300 single family lots, the
Developer shall promptly commence improvements to the permanent park site and /or
mutually agree with the Park District to a cash payment for final landscaping.
SEU11ON 12: Schools and Library.
As a condition of Final Plat of Subdivision approval, the Owner shall pay to the
Village of Lemont a cash contribution of $450,000.00 which amount satisfies all obligations
of contributions required by Ordinance 606, to be distributed to the School and Library
Districts in the following manner
Amount
Lemont Community Grade School District 113 $236,912.00
Lemont Community High School District 210 $78,045.00
Lemont Library District $135,043.00
SECTION 13: Water System Contributions.
The Owner, its successors and assigns, shall pay to the Village the sum
of Two Million Five Hundred Fifty Thousand and 00 /100 Dollars
($2,550,000.00) as a contribution to expand and improve the Village water
system. The payment of such sum shall be paid within the following time
limits:
11
One Million Dollars ($1,000.000.00) upon adoption of this
Ordinance.
Five Hundred Seventy Five Thousand Dollars ($575,000.00)
within one year from the date of adoption of this Ordinance
Five Hundred Seventy Five Thousand Dollars ($575,000.00)
within two years from the date of adoption of this Ordinance.
Four Hundred Thousand Dollars ($400,000.00) within three
years from the date of adoption of this Ordinance.
The failure to pay any water contribution payment when due shall
cause a violation of this Ordinance and allow the Village the following
remedies:
(a) Cease to grant any further approval of final plats, engineering
plans or specifications, or execute any permit applications with Illinois EPA,
MWRD, etc. for any subsequent phase of the development until paid.
(b) Pay the Village interest at the prime rate plus 3% per annum
from the date payment was due until paid.
(c) Refuse to issue building permits (not occupancy permits) for any
lots or parcels in the entire Planned Unit Development.
(d) Pay the costs and reasonable attorneys fees incurred in connection
with enforcement.
Assuming all payments are made together with interest, if any, the
Owner shall be relieved from payment of the Village sewer and water
connection fees (excluding water meters) for all single- family and townhouse
units as identified on the attached Subdivision Plan.
SECTION 14: Permits.
That the Community Development Department of the Village is
12
hereby authorized to issue, upon proper application, such Building Permits
as may be required for the said Planned Unit Development provided that:
(a) During any calendar year commencing 1994, the total number
of building permits for parcels 1 and 2 shall not exceed 100
dwelling units.
(b) The number of building permits per calendar year shall be
cumulative except that the total permits issued for any one year
shall not exceed 150.
The construction schedule and issuance of Permits may be modified
upon Village Board Approval.
SECTION 15: Completion Security.
Installation of improvements shall be by subphases with Bank Letter
of Credit or other security satisfactory to the Village and its council to be set
for each subphase of construction based upon the estimate of construction
costs prepared or confirmed by the Village's Engineer, upon consultation with
the Owner's Engineer. Improvements for each subphase shall be installed
within two years following the approval of each particular Subphase Plat.
The Owner shall pay the Village Engineer a reasonable hourly rate for the
review of Plans and Specifications and inspection of improvements. The
security shall cover the cost of the Village Engineer's services.
SECTION 16: Application Fees.
The Owner shall be granted relief from the Village Fee Ordinance No.
707, Section D. entitled "Escrow Account" and allow the Owner to deposit
13
2% of the cost of public improvements as provided for in said Ordinance
but not less than Fifty Thousand Dollars ($50,000.00) at the time of
application of Phase I Final Plat Approval. All other application fees
required by Ordinance 707 shall be waived except that the Owner shall
reimburse the Village for reasonable planning, engineering and legal fees
incurred to date and in the future that may be incurred in connection with
the development and enforcement of this Ordinance.
SECTION 17: Appearance Standards For Single - Family Dwellings.
The Owner is hereby granted relief from the Village Ordinance No.
791 (Appearance Code) and any amendments to said Ordinance, but shall be
obligated to adhere to the following appearance standards for single- family
dwellings.
(a) Brick or Stone Exterior Required. All single- family dwellings
shall be constructed with brick or stone exteriors on all four
sides from, at minimum, the foundation to the top of the first
story of the dwelling, not including areas above windows, doors
and garage doors.
(b) Front Elevations. To encourage design variety among dwellings
on the same street, any two single- family dwellings on lots
adjacent, directly opposite or catercorner to one another shall
have different front elevations. Any two front elevations
compared shall be determined to be "different" if distinguished
by any three of the following characteristics:
14
(i)
Dimensions (heights and widths) of the front
elevation;
(ii) Design of the main entrance,
porch, portico, or stoop;
()
Locations of windows, including
dormers;
(iv) Types or patterns of facade materials:
brick, stone, and (above 1st story only)
lapped siding, vertical siding, half - timber,
stucco, shakes, etc;
(v) Permanent colors or shading of
facade materials which are not
customarily painted;
(vi)
() ,
Predominant window types: sash,
casement, mullioned, fanlights,
jalousie, etc;
Locations of bays, or projecting or
cantilevered wall sections;
Decorative brick or stone work,
such as wing walls, quoins, belt
courses, parapets, or chimneys;
Plan orientation: "right- handed" v.
"left-handed";
(x) Structural roof type: gable, multiple
gable, hip, multiple hip, gambrel,
mansard, combination, etc;
(xi) Roof pitch or roof height;
(xii)
Garage orientation: front load
versus side load.
The Community Development Department shall be authorized to
reject a request for a Building Permit when the dwelling proposed to be
constructed fails to satisfy the above criteria.
15
SECTION 18: Landscaping Bond and Fees.
The Village currently has adopted Ordinance No. 660 entitled
"Ordinance Amending the Village of Lemont Building Code" which regulates
the issuance of an Occupancy Permit and requires, among other things, a
Final Grading Survey and installation of landscaping prior to the issuance of
a Final Occupancy Permit. The Village hereby grants relief from said
Ordinance only to the extent as hereinafter set forth and only as long as the
Owner and General Contractor is Orchard Hill Building Company, an
Illinois General Partnership or any affiliate companies:
(a) If landscaping is not completed prior to the issuance of an
Occupancy Permit for a single- family dwelling, Orchard Hill
Building Company, an Illinois General Partnership, will be
allowed to post a $3,000.00 Letter of Credit for each unit that
has not been issued a Certificate. The Letter of Credit shall
be revolving so as to permit one Letter of Credit for the
outstanding units that have not been issued a Final Occupancy
Permit.
(b) Orchard Hill Building Company, an Illinois General
Partnership, will not be required to pay an Engineering Review
Fee for a Final Grading Survey but shall . not be relieved from
preparing and filing said Survey with the Village as required by
Ordinance.
(c) Orchard Hill Building Company, an Illinois General
Partnership, will not be required to deposit a Street Clean -Up
16
Bond but shall not be relieved from the obligations and
requirements of the Ordinance
SECTION 19: Applicability of Lemont Ordinances.
Except as provided herein, the Zoning, Subdivision, Building and
other Ordinances of the Village of Lemont shall be in full force and effect
with respect to the subject property and shall not in any way limit the Village
from adopting additional or amended Ordinances affecting the Village,
including the subject property except that no such amendment shall be
effective if it is in conflict with the terms of this Ordinance
SEC'T'ION 20: Recording.
This Ordinance, together with all its Exhibits and Plays, shall be
recorded in the Office of the Recorder of Deeds in Cook County, Illinois.
SEC:1ION 21: Severability,
If any provision of this Ordinance is held invalid, such provision shall
be deemed to be ex1 cised therefrom and the invalidity thereof shall not affect
any of the other provisions contained herein.
That this Ordinance shall be in full force and effect from and after
this passage, approval, and publication in pamphlet form as provided by law.
All Ordinances or parts of Ordinances in conflict herewith shall be
and the same are hereby repealed.
The President of the Village of Lemont is hereby authorized to
execute an Amended Consent Decree which incorporates and refers to this
Ordinance as Exhibit 2.
17
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE,
ILLINOIS, on this day of , 19 .
Barbara Buschman
Alice Chin
Keith Latz
Connie Marldewicz
Richard G. Rimbo
Ralph Schobert
AYES NAYS PASSED ABSENT
Approved by me this ° 0day of
A1'1 EST:
N, Village Clerk
CHARLENE M. SMOI...N, Village Clerk
AAVILLAG E\AMB ERSHI.REP
18
ASNESKI, Village President
PLAT OF SUR\'EY
THE SOUTH WEST QUARTER OF SEC110N 28, TOWNSHIP 37 NORTH, RANGE 11
EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS;
EXCEPTING FROM SAID TRACT THAT PART THEREOF DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH EAST CORNER OF THE SOUTHWEST QUARTER OF
SAID SECTION 28 THENCE N90'- 00' -00 "W ALONG THE SOUTH LINE OF SAID
SOUTHWEST QUARTER OF SECTION 28 A DISTANCE OF 985.85 FEET TO THE POINT
OF BEGINNING; THENCE N00'- 00' -00 "W A DISTANCE OF 468.13 FEET, THENCE
N09'- 09' -56 "E A DISTANCE OF 241.39 FEET, THENCE N60'- 15' -21 "E A DISTANCE OF
383.22 FEET, THENCE S29'- 44' -39 "E A DISTANCE OF 174.54 FEET, THENCE
N90'- 00' -00 "E A DISTANCE OF 531.40 FEET, THENCE N00'- 15' -21 "W A DISTANCE OF
385.67 FEET, THENCE S90'- 00' -00 "W A DISTANCE OF 364.40 FEET, THENCE N2T -21'-
17"W A DISTANCE OF 446.79 FEET, THENCE S61'- 34' -39 "W A DISTANCE OF 161.04
FEET, THENCE S60'- 15' -21 "W A DISTANCE OF 741.26 FEET, THENCE S30'- 09' -35 "E
A DISTANCE OF 633.97 FEET, THENCE S09'- 09' -56 "W A DISTANCE OF 216.48 FEET,
THENCE S00'- 00' -00 "E A DISTANCE OF 474.54 FEET, THENCE S90'- 00' -00 "E 'A
DISTANCE OF 80.00 FEET IN COOK COUNTY, ILLINOIS
AND
THE WEST HALF OF THE SOUTHEAST QUARTER (EXCEPT THE SOUTH 1600 FEET
THEREOF) AND THE WEST HALF OF 'THE EAST HALF OF THE SOUTHEAST
QUARTER (EXCEPT THE SOUTH 1600 FEET THEREOF) OF SECTION 28, TOWNSHIP
37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK
COUNTY, ILLINOIS
AND
THAT PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 28, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, LYING SOUTHERLY OF THE CENTERLINE OF MC CARTHY ROAD IN
COOK COUNTY, ILLINOIS.
EXHIBIT A TO ORDINANCE 849
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EXHIBIT D
BUILDERS • LAND DEVELOPERS • GENERAL CONTRACTORS
6280 JOLIET ROAD • COUNTRYSIDE. ILLINOIS 60525
AV 482.8900 . v (70) 482.9048
July 19, 1994
Robert A. Porter
Director of Parks and Recreation
Lemont Park District
16028 127th Street
Lemont, Illinois 60439
Re: Gallagher & Henry's Covington Knolls
Dear Mr. Porter:
We wish to confirm the agreement reached in our office today with regard
to that portion of the subject property containing 7.73 acres lying east of
Covington Drive, north of 127th Street and south of our proposed phase 1 of
Covington Knolls ( "Phase 1 "). Concurrent with developing Phase 1, Gallagher &
Henry will direct its contractor to strip and stockpile the topsoil from the
site, and to grade the site to the elevations shown on page 16a of the
engineering plans for,Phase 1 prepared by Engineering Resource Associates,
Ltd., minus four inches, a copy of which plan is attached. We will then
direct the contractor to "windrow" approximately 4000 to 5000 cubic yards of
the stockpiled topsoil in an east -west direction across the site. The
spreading of the black dirt windrows over the site, fine grading, seeding,
fertilizing and all turf maintenance shall be the responsibility of the Park
District.
We will provide approximately 400 tons of 3 -inch crushed stone, enough
for a 6 inch base over a proposed parking lot measuring approximately 65 feet
by 250 feet, in a location designated by the Park District and direct the
drivers to "tailgate" the stone at the west end of the football fields as
shown on page 16a. We will further provide sufficient C8 screenings to cover
the parking lot to a depth of about 2 inches. We will likewise direct the
drivers to "tailgate" the screenings. Any further placement or spreading of
the stone or screening will be the responsibility of the Park District.
Gallagher & Henry agrees to lease the site to the Park District on a year
to year basis for $1.00 per year until Gallagher & Henry contracts for sale or
commences development of the site, but in no event earlier than the date on
which the "permanent" park site at the northeast end of the property has been
improved and access provided in accordance with the Amended Consent Decree. A
lease in customary form shall be executed by the parties.
Robert A. Porter
July 19, 1994
Page Two
The Park District will include Gallagher & Henry and its affiliate
companies in its policies of comprehensive general liability insurance and
maintain limits of coverage in an amount not less that $5,000,000. The lease
shall terminate immediately if the Park District fails to keep the insurance
in force. The Park District will keep the site free of debris other than
construction debris, which shall be Gallagher & Henry's responsibility, and
will not permit use of the property in a way or at times that will represent a
nuisance to neighboring residents.
If the foregoing accurately reflects our agreement, would you please so
acknowledge by signing the enclosed copy of this letter where noted and
returning it to my attention.
Sincerely,
ACKNCI[,EDGED AN .. ED
J-�
Robert A. Porter for the
Lemont Park District
REG:mh
enclosure
ORDER
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
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CENTERED
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ENTER QI 't- — "'IN�I<I
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J
JUDGE
DEPUFY CLERK
III
19
r497
Judge's No.
AURELIA PUC!NNSKI. CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION
ST. VINCENT DePAUL HIGH SCHOOL
and LITAS INVESTING CO., INC.,
Vs.
VILLAGE OF LEMONT,
Plaintiffs,
Defendant.
Case No. 86 CH 7622
FILED
MOTION FOR ENTRY OF AMENDED CONSENT DECREE AUG 8 1994
AU r u �,ilv a1tI
Clerk of the Circuit Court
NOW COME Petitioners STANDARD BANK & TRUST COMPANY, not
individually but as Trustee under Trust Agreement dated May 5,
1993, and known as Trust No. 13867, and ORCHARD HILL BUILDING
COMPANY, an Illinois general partnership, as successor in
interest to Litas'Investing Co., Inc., one of the plaintiffs
herein, by their attorneys, ALTHEIMER & GRAY and JACK M. SIEGEL,
P.C., and move this Court for entry of the Amended Consent Decree
accompanying this Motion, and in support of their motion, state
as follows:
1. Petitioners have heretofore on February 14, 1994, filed
a Petition To Modify and Amend the Consent Decree heretofore
entered in this cause on December 23, 1986.
2. Since the filing of the Petition herein, Petitioners,
Respondent Lithuanian Mission Inc. ( "LMI ") and Defendant Village
of Lemont ( "Village ") have negotiated the terms of a proposed
Amended Consent Decree.
3. The Amended Consent Decree presented herewith was
approved by the President and Board of Trustees of the Village on
July 25, 1994, and has been signed and consented to by the
Village, LMI, and Petitioners, representing all of the parties to
the original Consent Decree or their lawful successors in
interest.
4. This Court has jurisdiction to enter this Amended
Consent Decree pursuant to the provisions of the original Consent
Decree which provided that the Court "reserves and retains
jurisdiction of the above entitled action for the purpose of
permitting the parties to this Decree to apply to this Court at
any further time for such further orders and directions as may be
necessary for the construction, implementation or enforcement of
this Decree."
WHEREFORE, Petitioners STANDARD BANK & TRUST COMPANY,
not individually but as Trustee under Trust Agreement dated May
5, 1993, and known as Trust No. 13867, and ORCHARD HILL BUILDING
COMPANY, an Illinois general partnership, respectfully move this
Court to approve and enter the Amended Consent Decree submitted
herewith, and for such other relief as shall be just and
equitable.
STANDARD BANK & TRUST COMPANY, not
individually but as Trustee under
Trust Agreement dated May 5, 1993,
and known as Trust No. 13867, and
ORCHARD HILL BUILDI G COMPANY, an
Illinois g: n =ttral . ; nership
1�
By:
One of their attorneys
ALTHEIMER & GRAY (90049)
JACK M. SIEGEL, P.C. (09237)
10 South Wacker Drive
Suite 3800
Chicago, Illinois 60606
(312) 715 -4630
Of Counsel:
KENNETH C. SHEPRO, ESQ.
JACK M. SIEGEL, ESQ.
10 South Wacker Drive
Suite 3800
Chicago, Illinois 60606
3303
(Rev.2/21/92) CCG -3A
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION
ST. VINCENT DePAUL HIGH SCHOOL and
LITAS INVESTING CO., INC.,
Plaintiffs,
V.
VILLAGE OF LEMONT,
NO.
Defendant.
86 CH 7622
NOTICE OF AGREED MOTION
To: John N. Antonopoulos, Esq., 15419 127th Street, Rm. 100, Lemont, IL 60439
Lithuanian Mission Center, Inc., Attn: Executive Director, 14911 West 127th
On August 8 , 1994 , at
Fl LEE)
AUG 8 1994
Street, Lemont,•PLU �3Ii'1A ±"ULINSKl
Clerk of the Circuit Court
9:30 a.m. m.,
or as soon thereafter as counsel may be heard, I shall appear before the Honorable John N. Hourihane
or any judge sitting in his stead, in the courtroom usually occupied by him in Room 2402
Richard J. Daley Center. Chicago
Illinois, and there move for entry of an Amended Consent Decree in this cause pursuant to the Motion for Entry of Amended
Consent Decree attached hereto, at which time and place you may appear if you so desire.
Name
Address
Telephone
Kenneth C. Shepro, Esq.
10 South Wacker Drive, 4000
(312) 715 -4630
Attorney for Plaintiffs
City Chicago
Atty No. 90049
Copy received 19 at m.
PROOF OF SERVICE BY DELIVERY
1, Kenneth C. Shepro. Esq.
certify; that
on Friday, August 5 , 1994 , I served this
is directed.
(] Under penalties as provided by law pursuant to IL. REF. STAT.
CHAP 110 SEC 1 - 109 1 certify that the statements set forth
herein are true and correct.
the attorney
( *strike one)
notice by facsimile to the attorney of record to whom it
PROOF OF SERVICE BY MAIL
I,
I served this notice by mailing a copy to
at
and depositing the same in the U.S. mail at
the attorney /non attorney* certify; that
( *strike one)
(address which appears on envelope)
at
m. on
(place of mailing)
, 19_, with proper postage prepaid.
( ) Under penalties as provided by law pursuant to IL. REF. STAT.
CHAP 110 SEC 1 - 109 I certify that the statements set forth Date
herein are true and correct.
Signature
NOTE: If more than one person is served by mail, additional proof of service may be made on the reverse side.
Exhibit 2A
VILLAGE OF LEMONT
ORDINANCE NO.
ITEM VI.C.1.A_
AN ORDINANCE REPEALING ORDINANCE NO. 545
FOR THE DEVELOPMENT COMMONLY KNOWN AS AMBER SHIRES
AND APPROVE iG ZONING FOR THE LITHUANIAN WORLD CENTER
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This5Cii 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 AI- 6i
day of , 1994.
, 1994.
ORDINANNCE NO. E
AN ORDINANCE REPEALING ORDINANCE NO. 545
FOR THE DEVELOPMENT COMMONLY KNOWN AS AMBER SHIRES
AND APPROVING ZONING FOR THE LITHUANIAN WORLD CENTER
WHEREAS, previously adopted Ordinance No. 545 provides for the zoning and uses
of a portion of the planned unit development known as Amber Shires now owned and
occupied by the Lithuanian World Center; and
WHEREAS, the current property owner and developer for the remainder of the
Amber Shires property has requested the Village Board to authorize major changes in the
approved planned unit development as approved by a consent decree dated December 23,
1986 entered in the Circuit Court of Cook County in Case No. 86 CH 7622 entitled
Vincent DePaul High School and Litas Investing Co.. Inc. v. Village of Lemont; and
WHEREAS, the Village Board is simultaneously adopting Ordinance No. c5�
with regard to the remainder of the Amber Shires property and thus has determined that
it is in the best interest of the Village to repeal Ordinance No. 545 in its entirety so that
the provisions concerning the Lithuanian World Center property need to be restated in this
Ordinance; and
WHEREAS, the Mayor and Board of Trustees of the Village of Lemont approve the
following provisions concerning the Lithuanian World Center property; and
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees
of the Village of Lemont, Counties of Cook, Will and DuPage, State of Illinois:
Section 1: Lithuanian World Center property,
The Lithuanian World Center property be and the same is hereby zoned for
development and use as a community center. It is expressly found by this Ordinance that
the Lithuanian World Center property including its existing buildings, parking, access
driveways, floor area ratios, building heights and setbacks are not nonconforming uses. The
Lithuanian World Center building may be renovated to permit not more than a total of 45
residential dwelling units. In the event of such renovation, no sewer connection fee shall
be required as the Lithuanian World Center building is presently connected to the Village
sewer system and there will be a charge of Five Hundred Eighteen and no /100 Dollars
($518.00) as a water connection fee for each additional residential unit in the Lithuanian
World Center building.
A. The following uses shall be allowed on the Lithuanian World Center property
as permitted uses accessory to the principal permitted use of Community Center:
1. Art galleries;
2. Church;
3. Gift shops;
4. Gymnasium, auditorium and swimming pools;
5. Libraries and archives;
6. Lodging rooms and residential dwelling units;
7. Newspaper offices - including printing;
8. Offices - professional, business or institutional;
9. Outdoor recreational facilities - athletic field,
swimming, basketball, softball, volleyball, tennis
courts;
10. Theater;
11. Printing and publishing;
12. Rectory, or parsonages, as accessory to churches,
temples and synagogues;
13. Religious, educational, fraternal, philanthropic and
eleemosynary institutions;
14. Restaurant and banquet facilities with liquor
licenses, meeting rooms and halls, convention or
exhibition halls;
15. Schools, public or private - non - boarding;
16. Schools, nursery, non - boarding;
17. Schools, commercial or trade - including those
teaching music, dancing, business, commercial, or
technical subjects;
18. Telephone booths;
19. Bakeries - goods processed shall be sold only on
the premises;
20. Banks and other financial establishments;
21. Fraternity, sorority, private clubs and lodges, when
not operated for profit;
22. Newsstands;
23. Temporary buildings for construction purposes for
a period not to exceed such construction; and
24. Vending machines.
B. Accessory uses tb the above uses, including but not limited to off-street parking
and off-street loading and business signs. With regard to any construction in addition to
the existing buildings, parking and access driveway on the Lithuanian World Center
property, the following requirements are applicable:
1. Principal buildings shall be set back 40 feet from
all lot lines and not exceed 40 feet in height;
2. Parking and access driveways shall be set back 20
feet from all lot lines;
3. Maximum floor area ratio: 0.4 (floor area/lot
area); and
4. Accessory buildings shall be subject to the
following limitations:
a) not exceed 15 feet in height; and
b) 10 feet minimum sideyard setback
from lot line.
Section 2: Zoning Map.
The zoning map of the Village of Lemont be and the same is hereby amended in
accordance with the provisions of this Ordinance.
Section 3: Applicability of Lemont Ordinances.
Except as provided herein, the zoning, subdivision, building and other ordinances of
the Village of Lemont shall be in full force and effect with respect to the subject property
.and shall not in any way limit the Village from adopting additional or amended ordinances
affecting the Village, including the subject property.
Section 4: Recording.
This Ordinance, together with all its exhibits and plans shall be recorded in the
office of the Recorder of Deeds in Cook County, Illinois, and shall be applicable to the
Lithuanian World Center property legally described in Exhibit A attached hereto and
incorporated herein by reference.
Section 5: Severability.
If any provision of this Ordinance is held invalid, such provision shall be deemed to
be exercised therefrom and the invalidity thereof shall not affect any of the other
provisions contained herein.
That this Ordinance shall be in full force and effect from and after this passage,
approval and publication in. pamphlet form as provided by law.
All Ordinances or parts of Ordinances in conflict herewith shall be and the same
are hereby repealed.
The Village Clerk of the Village of Lemont shall certify to the adoption of this
Ordinance and cause the same to be published in pamphlet form.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND
DUPAGE, ILLINOIS, on this oVti day of 0,4,4 , 1994.
AYES
Barbara Bushman
Alice Chin
Keith Latz
Connie Markiewicz
Richard G. Rimbo
Ralph Schobert
Approved by me this o75 ay of
A1�1EST:
Charlene M. Smollen, Village Clerk
A: \V I L LAG E\H M B E RS H I.O R D
NAYS PASSED ABSENT
abz.-eei' m�
Charlene M. Smollen, Village Clerk
, 1994.
Ri and A. .sneski, Village President
. EXHIBIT A
LITHUANIAN MISSION CENTER, INC.
COMMENCING AT THE SOUT'ri EAST CORNER OF THE SOUTHWEST QUARTER OF
SAID SECTION 28 THENCE N90'- 00' -00 "W ALONG THE SOUTH LINE OF SAIO
SOUTHWEST QUARTER OF SECTION 28 A DISTANCE OF 985.85 FEET TO THE POINT
OF BEGINNING; THENCE N00'- 00' -00 "W A DISTANCE OF 468.13 FEET, THENCE
N09'- 09' -56'E A DISTANCE OF 241.39 FEET, THENCE N60'- 15' -21 "E A DISTANCE OF
383.22 FEET, THENCE 529'- 44' -39 "E A DISTANCE OF 174.54 FEET, THENCE
N90'- 00' -00 "E A DISTANCE OF 531.40 FEET, THENCE N00'- 15' -21 "W A DISTANCE OF
385.67 FEET, THENCE S90'- 00' -00 "W A DISTANCE OF 364.40 FEET, THENCE N27' -21'-
17"W A DISTANCE OF 446.79 FEET, THENCE S61'- 34' -39 "W A DISTANCE OF 161.04
FEET, THENCE S60'- 15' -21 "W A DISTANCE OF 741.26 FEET, THENCE S30.- 09' -35 °E
A DISTANCE OF 633.97 FEET, THENCE 809'- 09' -56 "W A DISTANCE OF 216.48 FEET,
THENCE 800'- 00' -00 "E A DISTANCE OF 474.54 FEET, THENCE 890'- 00' -00 "E A
DISTANCE OF 80.00 FEET IN COOK COUNTY, ILLINOIS