O-46-11 Ord. Amended Annex Agrmt Krystyna CrossingVILLAGE OF LEMONT
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED
ANNEXATION AGREEMENT FOR KRYSTYNA CROSSING
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 11TH DAY OF JULY, 2011
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, DuPage, and Will
Counties, Illinois this
day of 11`h, 2011.
ORDINANCE NO. ,0- 4I -7/
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED
ANNEXATION AGREEMENT FOR KRYSTYNA CROSSING
WHEREAS, the Village of Lemont entered into an annexation agreement known
as "Annexation Agreement for Approximately 10 Acres Located at 15070 and 15884
127th Street (Krystyna Crossing) "; and
WHEREAS, the developer and legal owner of record of the territory which is the
subject of said agreement is ready, willing and able to enter into an said Agreement and
to perform the obligations as required hereunder: and
WHEREAS, the statutory procedures provided for in the Illinois Municipal Code
for the execution of said Agreement have been fully complied with;
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Lemont:
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 "First Amendments to the
Annexation Agreement, Krystyna Crossing" a copy of which is attached hereto and made
a part hereof.
Section 2. That this ordinance shall be in full force and effect from and after its
passage, approval, and publication in pamphlet form as provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DuPAGE,
ILLINOIS, on this 11"' day of July, 2011.
AYES NAYS PASSED ABSENT
Debby Blatzer
Paul Chialdikas
Cliff Miklos
Rick Sniegowski
Ron Stapleton
Jeanette Virgilio
Attest:
V
V
V
RIAN K. REAVES, Vill a President
HARLENE M. SMOLLEN, Village Clerk
FIRST AMENDMENT TO THE ANNEXATION AGREEMENT,
KRYSTYNA CROSSING
THIS AMENDMENT TO THE ANNEXATION AGREEMENT, is made and entered
into this 11th day of July, 2011, between the Village of Lemont, a municipal corporation of the
Counties of Cook, DuPage and Will, in the State of Illinois (hereinafter referred to as "the
VILLAGE "), and Castletown Homes, Inc. (hereinafter referred to as "OWNER "). The
VILLAGE and the OWNER are hereinafter sometimes referred to individually as a "Party" and
collectively as the "Parties "; and,
WHEREAS, OWNER is the owner of record of the real estate (hereinafter referred to as
the "TERRITORY "), the legal description of which is attached hereto as Exhibit A and by this
reference made a part hereof; and
WHEREAS, the OWNER and the VILLAGE agree that they will be bound by the terms
of this Amendment; and
WHEREAS, the TERRITORY was previously annexed and identified as the
TERRITORY pursuant to a certain Annexation Agreement dated October 9, 2006, as Ordinance
No. 0 -92 -06 and recorded as Document No. 0708760092 with the Cook County Recorder of
Deeds; and,
WHEREAS, the OWNER is desirous of amending said Annexation Agreement
regarding the development and use of the TERRITORY; and
WHEREAS, pursuant to the provisions of the Statute, the corporate authority of the
VILLAGE has taken all steps legally required, including but not necessarily limited to providing
notice and a hearing regarding the proposed First Amendment to the Annexation Agreement,
Krystyna Crossing; and
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
hereinafter contained, the Parties agree as follows:
Section 1: Exhibit I, "Declarations of Covenants, Conditions, and Restrictions," is
hereby deleted in its entirety;
Section 2: The front yard setbacks for Lot 7 and Lot 8 in the subdivision, as described in
Article II, "Zoning and Land Use Restrictions," shall be reduced from 65 and 40 feet
respectively to 28 feet for both lots.
Section 3: A new paragraph shall be added to Article II, "Zoning and Land Use
Restrictions," as follows:
"5. The minimum floor area of all two- or three -story homes within the Krystyna
Crossing subdivision shall be 2,600 square feet. The minimum floor area of all homes
less than two stories shall be 2,200 square feet. `Floor area' shall mean the sum of the
gross horizontal area of all floors in the building measured from the exterior faces of the
exterior walls and shall include areas for mechanical equipment, garage and storage
space. Floor area shall not include basements or floors where more than three feet, six
inches of the floor -to- ceiling height is above grade."
Section 4: An additional new paragraph shall be added to Article II, "Zoning and Land
Use Restrictions," as follows:
"6. All homes shall have all first floor elevations constructed entirely of brick. Stone or
other such masonry product may be used as accent material in entry surrounds, arches,
casing principles, lintels, or other such architectural details."
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on
the day and year first above written.
Village Clerk
OWNER:
Castletown Homes, Inc.
By:
Title of Officer
VILLAGE OF LEMONT
an Illinois r nicipal Corp
B
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Village President
NOTARY CERTIFICATES
STATE OF ILLINOIS)
) SS
COUNTY OF COOK)
I, the undersigned, a Notary Public, in and for the County and Sate aforesaid, DO HEREBY
CERTIFY that BRIAN K. REAVES, personally known to me to be the President of the Village
of Lemont, and CHARLENE M. SMOLLEN, personally known to me to be the Village clerk of
said municipal corporation, and personally known to me to be the same persons whose names are
subscribed to the foregoing instrument, appeared before me this day in person and severally
acknowledged that as such President and Village Clerk, they signed and delivered the said
instrument and caused the corporate seal of said municipal corporation to be affixed thereto,
pursuant to authority given by the Board of Trustees of said municipal corporation, as their free
and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for
the uses and purposes therein set forth.
GIVEN under my hand and official seal, this i ; day of
My commission expires on
OFFICIAL SEAT.
ROSE`lAY YATES
NOTARY PUBLIC, STATE OF ILLINOIS
STATE OF )
) SS
COUNTY OF )
, 20
201,
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY
CERTIFY that the above -named , personally known to me
to be the same persons whose names are subscribed to the foregoing instrument appeared before
me this day in person and acknowledged that they signed and delivered the said instrument as
their own free and voluntary act for the uses and purposes therein set forth.
GIVEN under my hand and official seal, this day of , 20
My commission expires on , 20
Notary Public
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