O-50-09 06-22-2009ORDINANCE NO.(~--~ ~
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT
FORA 56-ITNIT, MULTI_FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT THE
INTERSECTION OF WALKER ROAD AND MAIN STREET.
{Ashford Condos)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONY
THIS 22"a DAY OF JUNE, 2009
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qac#: Q91~610033 Fee: $284.00
Eugene "gene" tvtaore
Cook County Recorder of Deeds
Data: 08!2512009 0203 PM Pg: 1 of 125
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Coak, DuPage, and Will
Counties, Illinois this 22"a
day of June, 2009.
® INANCE N®.
AN ~ II~I~NCE Ai7TI~® ZING TIDE Il CIJ'I'I®N ®F AN ANNEXATI®N AG EEN'I'
F®12 A 56 I1NIT M>[7I,TI-FA LY SIDENTIAL I)EVEL®PMENT L~~ATEI} AT TIME
INTEI2SECTI®N ®F WAI,I~EI2 IZ®AI) ANI) MAIN STIET.
(Ashford tondos)
'FIE AS, Marquette Bank as Trustee under Land Trust No. 16099 dated February 20, 2002, as
the owner; and Eire Construction Company, an Illinois corporation, and Haven Development, Inc,, an Illinois
corporation, as beneficiaries under Land Trust 1Vo. 16099 dated February 20, 2002, as the developers of the
subject property, covering approximately 5.9~ acres located at the intersection of Walker Road and Main
Street, have petitioned for annexation into the Village of Lemont; and
and;
WIIE AS, a copy of said Annexation Agreement has been attached hereto and included herein;
W~IE AS, the statutory procedures provided for in the Illinois Municipal Code for the execution
of said agreement have been fully complied with.
N®W, TIDE I+~I~E, BE IT O NEI) 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 the "Ashford Condos Annexation Agreement" dated the 22"d of
June, 2009 a copy of which is attached hereto and made a part hereof.
Section 2. That this ordinance shall be in force and effect from and after its passage, approval, and.
publication in pamphlet form as provided by law.
PAS~EI) ANI) APPJl2~VED ~~' TAE ~ ~IDENT AND >~®A ~F' 'I'I2IJ~T'EE~ ®F 'I'>F-IE
VII,I,AGI+. ~lE+ I,1G:I~/I~NT', ~®CTN`TIE~ ~]~+ ~®~, II~I.9 AND I~IT I~AGI/+, II,I,IN®I~, ~~ this 22nd
day ~~ June, 2ao9.
Approved by e this 22nd day ~f June, 2009
D AN A ~, Village President
Attesto
CIJAI~ENE Vi. Sli~I®I,I,~N, Village Clerk
AS FORD C®NINI~.T SANNAT'I~N AGEEIEN'T
ARTICLE `I'ITL,E
I Definitions
II Annexation
III Zoning and Land Use Restrictions
Zoning and Development Plans
UDO Exceptions
® Reversion of PUD ~ Zoning
® Other Standards
IV Required Improvements
® Water Supply
® Sanitary and Storm Sewers
® Detention Areas
® Other Improvements
® Recapture Fee
V Dedication and Construction of Streets
® Dedication and Acceptance of Streets
® Snow Plowing of Streets before Acceptance
® Debris
VI Construction of Other Improvements
VII Maintenance of Public Improvements & Common Areas
® Owners Guarantee
® Maintenance Bond
VIII Damage to Public Improvements
IX Contributions
X Easements and Utilities
XI Approval of Plans
XII Binding Effect and Term and Covenants Running with the
Land
XIII Notices
XIV Security Interests
r
XV Warranties and Representations
XVI Continuity of Obligations
XVII No Waiver or Relinquishment of Right to Enforce
Agreement
XVIII Village Approval or Direction
XIX Singular and Plural
XX Section Headings and Subheadings
XXI Recording
XXII Authorization to Execute
XXIII Amendment
XXIV Counterparts
XXV Curing Default
XXVI Conflicts between the Text and Exhibits
XXVII Severability
XXVIII Reimbursement to Village for Legal and Other Fees /
Expenses
® To Effective Date of Agreement
® From and After Effective Date of Agreement
XXIX Execution of Agreement
EXHIBIT TI~'I,E
A Legal Description
B Plat of Annexation, prepared by Dave Johnson &
Associates, Ltd.
C Site Plan, prepared by the Shalvis Group P.C. Architecture
and dated February 20, 2008
D Preliminary Engineering Plan, prepared by DJA Civil
Engineers and Surveyors and dated July 30, 2008
11
E Architectural Elevations, prepared by the Shalvis Group
P.C. Architecture and dated September 11, 2008
F Landscape Plan prepared by Bret-Mar Landscape Inc. and
dated 8-0~
G "Traffic Impact and Access Study, Three Proposed
Residential Developments, Lemont, Illinois," prepared by
Kenig, Lindgren, O'Hara, Aboona, Inc., and dated April 6,
2009
ANNE `TI®N AG E1EN`I'
TINS AI~lir1+ XATI~N AG E N'I', is made and entered into this day of ,
2008, 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"), Marquette Bank as
Trustee under Land Trust No. 16099 dated February 20, 2002 (hereinafter referred to as
"OWNER"), and Eire Construction Company, an Illinois corporation, and Haven Development,
Inc., an Illinois corporation, as beneficiaries under Land Trust No. l 6099 dated February 20,
2002 (hereinafter referred to as "DEVELOPER"); the Village, OWNER, and DEVELOPER are
hereinafter sometimes referred to individually as a "Party" and collectively as the "Parties"; and,
WI3El~AS, OWNERIDEVELOPER isthe 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,
WI~E>~AS, the OWNER/DEVELOPERfiled aPetition for Annexation of the
TERRITORY to the VILLAGE (hereinafter, the "Petition") that requested annexation of the
TERRITORY subject to execution of an annexation agreement acceptable to the
OWNER/DEVELOPER and the VILLAGE; and,
W>FIEREAS, the TERRITORY has not been annexed to any municipality; and,
WIIEI2EAS, the TERRITORY constitutes an area that is contiguous to and may be
annexed to the VILLAGE, as provided under the Illinois Municipal Code, 65 ILCS 5/~-1-1, et.
seq.; and,
WIFIEIZEAS, the OWNER/DEVELOPER and VILLAGE agree that they will be bound
by the terms of this Annexation Agreement; and,
WI3EI2Z>H AS, the VILLAGE would extend its zoning, building, health and other
municipal regulations and ordinances over the TERRITORY, thereby protecting the VILLAGE
from possible undesirable or inharmonious use and development of unincorporated areas
surrounding the VILLAGE; and,
WI-IE AS, the new boundaries of the VILLAGE, resulting from this Annexation shall
extend to the far side of every highway and shall include all of every highway not already
annexed; and,
WI-IEI2EAS, the parties desire, pursuant to Chapter 65, Article 5, Section I 1-15.1 of the
Illinois Municipal Code, to enter into an Agreement with respect to Annexation of the
TERRITORY and various other matters; and,
i~HEREAS, pursuant to the provisions of the Statute, the corporate authority of the
VILLAGE has duly fixed a time for and held a hearing upon the Annexation Agreement and has
given notice of said hearing; and,
WIIE~AS, the corporate authority of the VILLAGE has considered the Annexation of
the TERRITORY described in the Petition and has determined that the best interest of the
VILLAGE will be met if the TERRITORY is annexed to the VILLAGE and developed in
accordance with the provisions of the Agreement.
~®, 'TIE F® , in consideration of the foregoing and of the mutual covenants
hereinafter contained, the Parties agree as follows:
I)EIFINI'TI~NS
BUILDING CODE The code or codes governing the erection and maintenance of buildings.
COMMON AREA A parcel of land or an area of water, or combination thereof, and any
improvements thereon, within a designated development tract (such as a subdivision) which is
designed for common use or benefit and not reserved for the exclusive use or benefit of an
individual tenant or owner. Examples of common areas include, but are not limited to: green
open spaces, parking lots, and pedestrian walkways.
FINAL ENGINEERING PLAN A plan, signed and sealed by a licensed professional engineer
registered in the state of Illinois that meets the requirements for a final engineering plan in the
Unified Development Ordinance. A final engineering plan depicts all public and private support
facilities including, but not limited to: roads, sidewalks, drainage ditches, culverts and water
retention areas, sanitary sewers, storm sewers, water supply lines, and illumination.
FINAL LANDSCAPING PLAN A plan, signed and sealed by a registered landscape architect
that meets the requirements for a final landscape plan in the Unified. Development Ordinance.
FINAL PLAT A plat of all or a portion of a subdivision or site plan that is presented to the
Village for final approval.
PLAT A document, prepared by a registered surveyor or engineer that delineates a tract of land,
showing the boundaries and locations of individual properties and streets.
PLAT OF ANNEXATION A plat that depicts the property to be annexed.
PROPERTY A lot, parcel, tract. or plot of land together with the buildings and structures
thereon.
PUBLIC IMPROVEMENT Any improvement, facility; or service together with its associated
public site orright-of--way necessary to provide transportation, drainage, public or private
utilities, energy, or other essential services.
UNIFIED DEVELOPMENT ORDINANCE Ordinance 0-7-08, as amended.
II
ANNEXATIQN
Subject to the provisions of Chapter 65, Article 5 Section 7 of the Illinois Municipal
Code, 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 after execution of
this agreement.
The Plat of Annexation of said TERRITORY is attached hereto as Exhibit `B". Said Plat
extends the new boundaries of the VILLAGE to the far side of any adjacent highway not already
annexed and includes allof every highway within the TERRITORY so annexed. Upan adoption
of an ordinance annexing the TERRITORY to the VILLAGE, the Village Clerk shall cause a
copy of said ordinance and said Plat to be duly recorded with the Cook County Recorder, and
duly filed with the Cook County Clerk. The Village Clerk shall also send notice of annexation of
the TERRITORY to the Cook County Elections Department and the U.S. Post Office branch
serving the TERRITORY by certified or registered mail.
III
Z~N~NG AND LAND USE 1~S'I'ItIC'TI®NS
.Zoning & Development Plans. Upon the Annexation of the TERRITORY to the
VILLAGE, the parcel(s) shown on the Plat of Annexation attached as Exhibit "B" shall be
classified under the existing zoning ordinance, as amended, as R-6. Prior to the date of this
Agreement, such public hearings as are necessary to enable the VILLAGE lawfully to grant said
zoning classification as to the TERRITORY have been conducted upon proper notice, and no
further action need betaken by the OWNER/DEVELOPER to cause the TERRITORY to be
rezoned. as R-6 once the TERRITORY is annexed to the VILLAGE. The TERRITORY shall be
developed in accordance with the following plans:
the site plan, prepared by The Shalvis Group P.C. Architecture and dated February 20, 2008,
attached hereto and incorporated herein as Exhibit C; and
the preliminary engineering plan, prepared by DJA Civil Engineers and Surveyors and dated
July 30, 2008, to be modified in accordance with recommendations of KLOA Traffic Impact
Study (Exhibit G), attached hereto and incorporated herein as Exhibit D; and
the architectural elevations (3 pages), prepared by The Shalvis Group P.C. Architecture and
dated September 11, 2008, attached hereto and incorporated herein as Exhibit E; and
the landscape plan prepared by Bret-Mar Landscape Inc. and dated $-08, attached hereto and
incorporated herein as Exhibit F.
UDO Exceptions. The Planned Unit Development Ordinance of the Village makes
provision for exceptions to the requirements of the Unified Development Ordinance in order to
promote and allow innovation and flexibility of design in keeping with the public interest and
welfare. As provided for in Chapter 17.Og (Planned Unit Developments) of the Lemont Unified
Development Ordinance, the VILLAGE has deemed it appropriate to approve the following
selected bulk exceptions as part of the Planned Unit Development for Ashford Condominiums:
The maximum building height allowed within the R-6 category is 37 feet. The proposed
structures shall be allowed to exceed the maximum building height as shown on the attached
architectural elevations, Exhibit E.
Chapter 17.20 of the Unified Development Ordinance establishes comprehensive
landscaping requirements. The proposed development shall be allowed to deviate from
these standards and develop in accordance with the attached landscape plan, Exhibit F.
The conditions of the Annexation Agreement relating to the development of the
TERRITORY incorporated herein by reference and made a condition to the grant of this special
use zoning for the planned unit development shall survive the expiration of the Annexation
Agreement and shall remain in effect unless or until the zoning of the property has been altered
in accordance with law.
Reversion of PUD and Zoning. The Planned Unit Development approval, and the bulk
exceptions granted. therein, shall lapse in the event the OWNER/DEVELOPER does not file a
complete application for a PUD final plan/plat within one year of the effective date of this
Annexation Agreement. In the event the OWNER/DEVELOPER does not file a complete
application for a PUD final plan/plat within one year of the effective date of this Annexation
Agreement the zoning of the TERRITORY shall revert to the R-1 Single-Family zoning district.
Other Standards. The Village agrees that the above standards shall govern with respect to
the development of the TERRITORY in any case in which the standards of the Unified
Development Ordinance now or hereafter shall conflict with the standards listed above. The
Village agrees that the above standards shall govern with respect to development of the
TERRITORY in any case in which no applicable standards are provided in the Unified
Development Ordinance. In any case in which the Unified Development Ordinance contains
applicable standards that do not conflict with the above standards, the standards of the Unified
Development Ordinance shall govern with respect to the development of the TERRITORY.
It is understood and agreed, except as otherwise provided for herein, the Unified
Development Ordinance, Building Code and all other ordinances including all fees and charges
of the VILLAGE, shall not be frozen during the term of this Agreement, and such ordinances, as
the same may from time to time. be amended .and enforced throughout the VILLAGE, shall apply
to the TERRITORY. In the case of a comprehensive amendment to the VILLAGE'S Zoning
Ordinance, the TERRITORY shall be designated the zoning district most comparable to the R-6
zoning district.
IV
MITI >a IMPR®VEP~El~TS
Water Supply. Unless otherwise approved as part of this agreement, the
OWNER/DEVELOPER shall construct and install at their expense all necessary water mains. to
service the TERRITORY. All water mains shall be constructed and installed in accordance with
the Unified Development Ordinance of the VILLAGE and final engineering plans approved by
the VILLAGE. The VILLAGE agrees to permit connection of the aforementioned water mains to
the water facilities of the VILLAGE and to furnish water service on the same basis as said
services are furnished to other parts of the VILLAGE. A11 looped water mains eight inches in
diameter or greater shall be owned and maintained by the Village. All other water mains shall be
owned and maintained by the HOMEOWNERS ASSOCTIATION.
In addition to the necessary on-site water mains, valves, hydrants, service lines and other
necessary appurtenances, the OWNER/DEVELOPER shall design an off-site water main
extension between the TERRITORY and the existing VILLAGE water main at the intersection
of 4t~' Street and Main Street in Lemont, and shall be responsible for the extension of the water
mainfrom said intersection to the TERRITORY. The OWNER/DEVELOPER shall be
responsible for securing all necessary easements to extend the water main and for all required
permits for construction of the water supply system, including but not limited to permits or
approvals from governments or agencies other than the VILLAGE.
Sanitary and Storm Sewers. Unless otherwise approved as part of this agreement, the
OWNER/DEVELOPER shall construct and install at their expense all necessary sanitary and
storm sewers to service the TERRITORY in accordance with the Unified Development
Ordinance of the VILLAGE and final engineering plans approved by the VILLAGE. The
VILLAGE agrees to permit connection of the aforementioned sanitary sewers to the sanitary
sewer facilities of the VILLAGE and to furnish sewer service on the same basis as said services
are furnished to other parts of the VILLAGE. OWNER/DEVELOPER agrees that no surface
water is to be discharged into the sanitary sewerage collection system and will make adequate
provisions that this will not occur. Tap-on fees required by the Village shall not be waived. All
storm sewers shall be owned and maintained by the HOMEOWNERS ASSOCIATION, with
right of access by the Village for emergency management purposes. All sanitary sewers eight
inches in diameter or greater shall be owned and maintained by the Village. All other sanitary
sewers shall be owned and maintained by the HOMEOWNERS ASSOCIATION.
Detention Areas. Unless otherwise approved as part of this agreement, the
OWNER/DEVELOPER agrees to construct and install at their expense detention basin(s) and
appurtenant structures such as drains, inlets, and outlets in accordance with the Unified
Development Ordinance of the VILLAGE and final engineering plans approved by the
VILLAGE. The stormwater detention basin(s) and appurtenant structures is/are to be conveyed
to, owned, and maintained by the HOMEOWNERS ASSOCIATION.
Other Improvements. Unless otherwise approved as part of this agreement, the
OWNER/DEVELOPER agrees to construct and install at their expense all other improvements in
accordance with the requirements of the Unified Development Ordinance of the VILLAGE and
final engineering plans approved by the VILLAGE.
V
I~EI)ICATI®I~ AND C®NS'T>E2IJCTI®N ®F ST ETS
Dedication and Acceptance of Streets. The OWNERIDEVELOPER shall design streets
within the TERRITORY according to Article III of this Agreement that comply with the
standards of the VILLAGE Unified Development Ordinance for local streets. All interior streets
within the TERRITORY when developed shall be owned and maintained by the
HOMEOWNERS ASSOCIATION. Said streets shall be constructed in accordance with the final
engineering plans approved by the Village.
The OWNER/DEVELOPER shall provide access to each residential unit. Any street
right-of--way not already dedicated at the time of annexation shall be dedicated in PUD final
plan/plat. The Village shall accept the dedication of said street right-of--way and the construction
of streets and public sidewalks upon the completion by the OWNER/DEVELOPER ofsaid
improvements in accordance with the Village's construction standards and Unified Development
Ordinance, as modified by the Agreement. The acceptance by the Village shall be evidenced by
a corporate resolution. It is understood that in constructing the streets and public sidewalks the
OWNER/DEVELOPER shall post a letter of credit after which the OWNER/DEVELOPER may
proceed to construct said streets. The final wearing surface shall not be installed until a period of
nine months after installation of the base or until construction traffic has generally ceased on any
street, whichever is later. Upon installation of the base, the letter of credit may be reduced to an
amount sufficient to cover the work yet to be performed (with applicable multiplier), plus the
amount of the maintenance bond. Upon completion of all public improvements, and after
acceptance by the Village Board, the letter of credit shall be released; however, the
OWNER/DEVELOPER shall be responsible for correcting deficiencies in material and
equipment for a period of two years after acceptance to secure that obligation. The
OWNER/DEVELOPER shall post for a period of two years thereafter, a maintenance bond or
other security to cover possible repairs to said streets. After completion of the construction and
acceptance of any street, and if construction traffic of the OWNER/DEVELOPER continues to
utilize that street, the OWNER/DEVELOPER shall be responsible for keeping the street free
from. construction debris and for repair of damages to the street caused by the
OWNER/DEVELOPER's construction traffic. Except as otherwise provided herein, after
dedication of any street right-of--way at the time of final plat, the VILLAGE shall enforce traffic
and other regulations as to the street right-of--way. Except as otherwise provided herein, after
acceptance of the construction of any public street within the TERRITORY, the VILLAGE shall
provide for street cleaning, snow removal, refuse collection, and other maintenance thereon. All
deliveries of construction supplies or materials shall be restricted to certain streets or temporary
haul roads designated by the VILLLAGE.
Snow Plowing of Streets before Acceptance. The OWNER/DEVELOPER and the
VILLAGE acknowledge that until the streets in any platted subdivision of the TERRITORY are
accepted by the VILLAGE, the VILLAGE shall have no obligation to keep the streets plowed of
ice and snow (snowplowed). It is agreed, however that for any platted subdivision that shall be
or is likely to be occupied in whole or in part for a winter season, the VILLAGE, at its option,
may keep the streets snowplowed for that season.
If the VILLAGE should desire to provide season-long snowplowing for a development or
apart thereof, it shall notify the then owner of the unaccepted streets in writing of such intent by
August 1 of the year in question. The notice shall contain an estimate of the cost of
snowplowing and unit price or prices used by the VILLAGE in developing such costs. The
OWNER/DEVELOPER shall deposit with the VILLAGE an irrevocable letter of credit from a
financial institution in a form provided by the Village Attorney to guarantee payment of the
estimated amount by September 15 of the year in question. At the end of the snow season, the
VILLAGE will release the amount of the letter of credit providing all payments due to the
VILLAGE have been made. During the season, the VILLAGE shall allow the amount of the
letter to be reduced provided that the amount in the letter of credit is not reduced below the level
anticipated to be expended based on the current best-cost estimate. The OWNER/DEVELOPER
shall be obligated to pay the actual reasonable cost to the VILLAGE of its snowplowing services
within the TERRITORY rather than the amount of an estimate. Payment shall be made within
ten days from the date of the bill.
Debris. The OWNERIDEVELOPER shall be required to keep all streets within and
adjoining the TERRITORY free from mud and debris generated by any new construction activity
on the TERRITORY.
VI
C®I~S`TIZITC'TI®1~ ®F ®'I'HEI2 I~IP>L2®VE~IEIi~T'S
The construction and installation of the public improvements to be done by
OWNER/DEVELOPER may be commenced at any time after the OWNER/DEVELOPER
receives a site development permit from the VILLAGE and has delivered to the VILLAGE an
irrevocable letter of credit, in a form satisfactory to, and from a bank or other financial institution
approved by, the VILLAGE in the amount of 115% of the OWNER/DEVELOPER Engineer's
estimate of the cost of construction and installation of all such public improvements as approved
by the VILLAGE Engineer, including all required lighting, sidewalks, landscaping, street trees,
sewer and water lines and storm water management facilities. At no time shall the Letter of
Credit funds be utilized by the OWNER/DEVELOPER for the future payment of contractors,
materials, salaries and wages, and the like. The VILLAGE makes no guarantees regarding the
timely reduction of said Letter of Credit and therefore should not be used for time-sensitive
payment purposes. The VILLAGE Engineer may, in his/her discretion, recommend the amount
of said letter of credit to be reduced, from time to time, as major public improvements are
completed, upon approval of the VILLAGE Board.
The OWNER/DEVELOPER, at the OWNERIDEVELOPER's own cost, agrees to
provide the VILLAGE "as built", engineering plans and specifications upon substantial
completion of the public improvements or at the request of the VILLAGE Engineer but in no
event later than the time required by the Unified Development Ordinance as amended.
Walker Road Extension. The OWNER shall pay for the construction of Walker Road to
extend from Main. Street (also known as "Chicago-Joliet Road") north to the Canadian National
railroad tracks, The cost of said improvements shall be included in the letter of credit as required
by the first paragraph of this article.
Intersection Improvements. The OWNER shall pay for the following improvements to
the intersection of Walker Road and the Main Street:
a. The widening of Main Street and the addition of a center lane just west of the
proposed full access driveway to the Heritage Park development and continuing to the
east of Walker Road. This center lane will provide an exclusive eastbound and
westbound left-turn lane at the intersection with Walker Road.
b. A westbound right-turn lane on Main Street at its intersection with Walker Road.
c. A flared approach on the extension of Walker Road at its intersection with Main
Street (southbound approach) to allow right-turn movements when a vehicle is
waiting to make a left turn or through movement maneuver.
d. Additional intersection improvements, to include signalization, if required by the
Illinois Department of Transportation
The above listed improvements shall be incorporated into the final engineering plans and final
site plans. The cost of said improvements shall be included in the letter of credit as required by
the first paragraph of this article.
All of the public improvements contemplated herein shall, upon acceptance thereof by
the VILLAGE, become the property of VILLAGE and be integrated with the municipal facilities
now in existence or hereinafter constructed and VILLAGE thereafter agrees to maintain said
public improvements. Acceptance of said public improvements shall be by resolution of the
President and Board of Trustees only after the VILLAGE Engineer or VILLAGE Engineer
Consultant has issued his Certificate of Inspection affirming the improvements have been
constructed in accordance with approved Engineering P}ans and Specifications.
OWNER/DEVELOPER agrees to convey by appropriate instrument and VILLAGE agrees to
promptly accept, subject to terms hereof, the public improvements constructed in accordance
with the Approved Engineering Plans and Specifications.
The OWNERlDEVELOPER agrees not to let debris or excessive construction waste
accumulate on the TERRITORY.
VII
Ii~IAII~'I'E~IAI~CE ®F PUBLIC II~IPIZ®V>EIVIENTS ~ C® ®N AS
Owner's Guarantee. The OWNER/DEVELOPER hereby guarantees the prompt and
satisfactory correction of all defects and deficiencies in the improvements that occur or become
evident within two years after approval and any acceptance of the improvements by the
VILLAGE pursuant to this agreement. If any defect or deficiency occurs or becomes evident
during the two year period, then the OWNER/DEVELOPER shall, after ten days' prior written
notice from the VILLAGE (subject to Force Majeure), correct it or cause it to be corrected. In
the event any improvement is repaired or replaced pursuant to the demand of the VILLAGE, the
Guarantee provided in this Section VII shall be extended, as to the repair or replacement, for two
full years from the date of the repair or replacement.
If any public improvements or common areas within the TERRITORY are to be privately
owned and maintained, then the OWNER/DEVELOPER shall, at its sole cost and expense,
maintain the improvements and areas within the TERRITORY without any modification, except
as specifically approved by the VILLAGE, in a first-rate condition at all times unless an owners'
association is established and assumes responsibility for improvements or areas. In the event the
VILLAGE determines, in the VILLAGE' S sole and absolute discretion, that the
OWNER/DEVELOPER is not adequately maintaining, or has not adequately maintained, any
improvement or area, the VILLAGE shall have the right, but not the obligation, after ten days'
prior written notice to the OWNER/DEVELOPER, to enter on any or all of the TERRITORY for
the purpose of performing maintenance work on any affected improvement or area. In the event
that The VILLAGE shall cause to be performed any work pursuant to this Section VII the
VILLAGE shall have the right to draw from the performance securities deposited pursuant to this
Section of the agreement, or the right to demand immediate payment directly from the
OWNER/DEVELOPER based on costs actually incurred or on the VILLAGE'S reasonable
estimates of costs to be incurred, an amount of money sufficient to defray the entire costs of the
work, including without limitation legal fees and administrative expenses. The
OWNER/DEVELOPER shall, after demand the VILLAGE, pay the required amount to the
VILLAGE.
If an owners' association is established and assumes responsibility for any public
improvements and/or common areas within the TERRITORY, the owners' association shall, at
its sole cost and expense, maintain the improvements and areas without any modification, except
as specifically approved by the VILLAGE, in a first-rate condition at all times. In the event the
VILLAGE determines, in the VILLAGE'S sole and absolute discretion, that the owners'
association is not adequately maintaining, or has not adequately maintained, any improvement or
area, the VILLAGE shall have the right, but not the obligation, after ten days' prior written
notice to the owners' association, to enter on any or all of the TERRITORY for the purpose of
performing maintenance work on any affected improvement or area. In the event that the
VILLAGE shall cause to be performed any work pursuant to this Section VII the VILLAGE
shall have the right (i) to assess the membership of the owners' association for that work, (ii} to
file a lien against the property of the owners' association or the property of any member failing
to pay the assessment, and (iii) to enforce the lien in the manner provided by law for mortgage
foreclosure proceedings.
Maintenance Bond. At the time or times of acceptance by the VILLAGE of the
installation of any part, component, or all of any public improvement in accordance with this
Section, or any other section of the Agreement, the OWNER/DEVELOPER shall deposit with
the VILLAGE a maintenance bond in the form of an irrevocable letter of credit in the amount of
ten percent (10%) of the cost of the installation of the public improvement accepted by
VILLAGE. This bond shall be deposited with the VILLAGE and shall be held by the VILLAGE
for a period of twenty-four (24) months after completion and acceptance of all improvements. In
the event of a defect in material and/or workmanship within said period, then said security shall
not be returned until correction of said defect and acceptance by the VILLAGE of said
corrections.
10
VIII
DAIYIA~E T® PIT$I,IC IPR~VEIi~NTS
The OWNER/DEVELOPER shall replace and repair any damage to public improvements
installed within, under or upon the subjectrealty resulting from construction activities by
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.
IX
C®NT DICTTI®~S
The OWNER/DEVELOPER shall make cash contributions at the time a Final Plan/Plat
application is filed with the VILLAGE, in accordance with the ordinances of the VILLAGE. If a
complete Final P1anlPlat application is Filed within one (I) year of the effective date of this
Agreement, the required contributions shall be as follows:
® Park and Recreational Purposes- OWNER/DEVELOPER shall pay $149,292 to the
VILLAGE for park and recreational purposes. If the TERRITORY is developed in
phases, the donation shall be paid on a pro-rata basis based upon the number of lots in the
phase for which the Final Plan/P1at is being recorded.
® Lemont-Drore~berek School District 113A - OWNER/DEVELOPER shall pay $22,305
for the benefit of the Lemont-Bromberek School District 113A. If the TERRITORY is
developed in phases, the donation shall be paid on a pro-rata basis based upon the number
of lots in the phase for which the Final Plan/Plat is being recorded.
® Lemont Township I3igh School District 210 - OWNER/DEVELOPER shall pay
$9,5.68 for the benefit of the Lemont Township High School District 210. If the
TERRITORY is developed in phases, the donation shall be paid on a pro-rata basis based
upon the number of lots in the phase for which the Final Plan/Piat is being recorded.
® Lemont Fire Protection District - OWNER/DEVELOPER shall pay $5,200 for the
benefit of the Lemont Fire Protection District. If the TERRITORY is developed in
phases, the donation shall be paid on a pro-rata basis based upon the number of lots in the
phase for which the Final Plan/Plat is being recorded..
® Lemont Library District - OWNER/DEVELOPER shall pay $4,539.47 for the benefit
of the Lemont Library District. If the TERRITORY is developed in phases, the donation
shall be paid on a pro-rata basis based upon the number of lots in the phase for which the
Final Plan/Plat is being recorded.
® Public Safety Impact Fee - OWNER/DEVELOPER shall pay $52,000 to the VILLAGE
for a publ is safety impact fee. If the TERRITORY is developed in phases, the fee shall
be paid on a pro-rata basis based upon the number of lots in the phase for which the Final
Plan/Plat is being recorded.
r1
® Annexati®c~ Eee - OWNER/DEVELOPER shall pay $14,000 to the VILLAGE for
annexation fees. If the TERRITORY is developed in phases, the total fee shall be paid at
the time of recording of the initial Final Plan/Plat.
If a complete Final Plan/Plat application is submitted to the VILLAGE more than one (1 }
year after the effective. date of this. Agreement, the aforesaid contributions shall be paid in
amounts calculated in accordance with the terms of the ordinances of the VILLAGE in effect at
the time such final plan or Plat is submitted to the VILLAGE.
The OWNER/DEVELOPER agrees that any and all contributions, dedications, donations,
and easements provided for in this Agreement substantially advance legitimate governmental
interests of the VILLAGE, including but not limited to, providing its residents, and in particular
the future residents of the TERRITORY, with access to and use of public facilities, libraries,
schools, parks and recreational facilities, police protection, and emergency services. The
OWNER/DEVELOPER further agrees that the contributions, dedications, donations and
easements required by this Agreement are uniquely attributable to, reasonably related to, and
made necessary by the development of the TERRITORY.
X
EASE NTS AND 1JTII.ITIES
The OWNER/DEVELOPER agrees to grant to the VILLAGE, and/or obtain grants to the
VILLAGE of, all necessary easements for the extension of sewer, water, street, or other utilities,
including cable television, or for other improvements, subject to the provisions of the Unified
Development Ordinance which may serve not only the TERRITORY, but other TERRITORY in
the general area, if requested by the VILLAGE in the future.
All such easements to be granted shall name the VILLAGE and/or other appropriate
entities designated by the VILLAGE as grantee thereunder. It shall be the responsibility of the
OWNER/DEVELOPER to obtain all easements, both on site and off site, necessary to serve the
TERRITORY.
All electricity, telephone, cable television and gas lines shall be installed underground,
the location of v~hich underground utilities shall be at the OWNER/DEVELOPER' option, upon
approval of the respective utility company.
Offsite Utility Easements. The OWNERlDEVELOPER shall provide evidence of
easement or right of way necessary for utility extension of the subject property prior to PUD
final plan/plat approval. The OWNER/DEVELOPER shall submit a title commitment from
Chicago Title Insurance Company, or any other licensed title company, naming the Village of
Lemont as party insured to guarantee an easement for public utilities from the existing point of
connection to the TERRITORY.
12
XI
APPlE~®i~AL ~F PLANS
The VILLAGE agrees to expeditiously take action to approve or disapprove all plats,
plans, and engineering submitted to VILLAGE by the OWNER/DEVELOPER. If the
VILLAGE shall determine 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.
III
~INI)ING E>FFEC'I' AND 'I'E D C~VENAN'I'S RUNNING 'TI-~ T1FIE LAND
This Agreement shall be binding upon and insure to the benefit of the parties hereto,
successor OWNER/DEVELOPERS of record of the TERRITORY, assignees, lessees, and upon
any successor municipal authorities of said VILLAGE and successor municipalities, for a period
of 20 years from the date of execution hereof.
The terms and conditions of this Agreement relative to the payment of monies to the
various VILLAGE recapture funds, contributions to the VILLAGE construction and/or
dedication of public improvements, granting of easements to the VILLAGE, dedication of rights-
of-way to the VILLAGE and the development standards established herein shall constitute
covenants which shall run with the land.
It is further agreed that any party to this Agreement, either in law or in equity, by suit,
action, mandamus, or other proceeding may enforce or compel the performance of this
Agreement, or have other such relief for the breach thereof as may be authorized by law or that
by law or in equity is available to them.
XIII
N®'I'ICES
Unless otherwise notified in writing, all notices, requests and demands shall be in writing
and shall be personally delivered to or mailed by United States Postal Service certified mail,
postage prepaid and return receipt requested, as follows:
For the VILLAGE:
Village President
418 Main Street
Lemont, IL 60439
13
and
Village Clerk
41$ Main Street
Lemont, IL 60439
and
Village Administrator
418 Main Street
Lemont, IL 60439
For OWNER/DEVELOPER:
William Brennan
73 West Deer Lane
Lemont, IL 60439
Or such other addresses that any party hereto may designate in writing to the other parties
pursuant to the provisions of this Section.
XIV
SECITI2TY II~TE STS
The OWNER/DEVELOPER shall provide the VILLAGE with written approval(s)
satisfactory to the VILLAGE of any mortgage, lien holder or holder of any security interest,
affecting title to the TERRITORY or any part thereof so that this agreement shall be superior to
any such. mortgage, lien, or other security interest and the OWNER/DEVELOPER shall provide
same to the VILLAGE prior to execution and recording of this agreement; and
If there are no mortgages, liens, or other security interests affecting title to the
TERRITORY or any part thereof, then the OWNER/DEVELOPER shall affirmatively state so in
said Petition(s) for Annexation.
XV
WA NTIES A1~II) REP>E~SENTATI®NS
The OWNER/DEVELOPERcepresents and warrants to the VILLAGE as follows:
That Marquette Bank Land Trust No. 16099 dated February 20, 2002 identified on page 1
hereof is the OWNER as legal title holder; and
That the OWNER/DEVELOPER proposes to develop the TERRITORY in the manner
contemplated under this Agreement; and
14
That other than the OWNER/DEVELOPER, no other entity or person has any interest in
the TERRITORY or it development as herein proposed; and
That the.OWNER/DEVELOPER has provided the legal description of the .TERRITORY
set forth in this Agreement and the attached exhibits and that said legal description and exhibits
are accurate and correct.
XV~
C®N'I'INIJITV ®~' G~LIGA'I'I®N~
Notwithstanding any provisions of this Agreement to the contrary, including but not
limited to the sale and/or conveyance of all or any part of the TERRITORY by the
OWNER/DEVELOPER, the OWNER/DEVELOPER shall at all times during the term of this
Agreement remain liable to VILLAGE far the faithful performance of all obligations imposed
upon them by this Agreement until such obligations have been fully performed or until
VILLAGE, at its sole option, has otherwise released OWNER/DEVELOPER and from any or all
of such obligations.
XVII
I~I® WAIVER ®~Z LII\T~LTIS~Il~EN'I' ®~' RIG>EI'I' 'I'® EIV>E®I~CE AG EI~EI~'I'
Failure of any party to this Agreement to insist upon the strict and prompt performance of
the terms covenants, agreements, and conditions herein contained, or any of them, upon any
other party imposed, shall not constitute or be construed as a waiver or relinquishment of any
party's right thereafter to enforce any such term, covenant, agreement or condition, but the same
shall continue in full force and. effect.
~VI~
VILLAGE APP12®VAL ®I2 DIRECT'I®l~
Where VILLAGE approval or direction is required by this Agreement, such approval or
direction means the approval or direction of the Corporate Authorities of the VILLAGE unless
otherwise expressly provided or required by law, and any such approval may be required to be
given only after and if all requirements for granting such approval have been met, unless such
requirements are inconsistent with this Agreement.
15
XIX
SINGITLAR AEI) PI,IT12
Wherever appropriate in this Agreement, the singular shall include the plural, and the
plural shall include the singular.
XX
SEC'TI~N ICE I~GS AID STJIa>FIE INCS
All section headings or other headings in this Agreement are for general aid of the reader
and shall not limit the plain meaning or application of any of the provisions thereunder whether
covered or relevant to such heading or not.
IZEC® ING
A copy of this Agreement and any amendments thereto shall be recorded by the
VILLAGE at the expense of the OWNERIDEVELOPER within 30 days after the execution
hereof.
XXII
AIJ'I'II® ZA'I'I®N 'I'~ EXECIT'TE
The President and Clerk of the VILLAGE hereby warrant that they have been lawfully
authorized by the VILLAGE Board of the VILLAGE to execute this Agreement. The
OWNER/DEVELOPER and VILLAGE shall, upon request, deliver to each other at the
respective time such entities cause their authorized agents to affix their signatures hereto copies
of all bylaws, resolutions, ordinances, partnership agreements, letters of direction or other
documents required to legally evidence the authority to so execute this Agreement on behalf of
the respective parties.
~XIII
AIO~ENI)1!'IEN~I'
This Agreement sets forth all the promises, inducements, agreements, conditions and
understandings between the parties hereto relative to the subject matter thereof, and there are no
promises, agreements, conditions or understandings, either oral or written, express or implied,
between them, other than are herein set forth. Except as herein otherwise provided, no
subsequent alteration, amendment, change or addition to this Agreement shall be binding upon
16
the parties hereto unless authorized in accordance with law and reduced in writing and signed by
them.
XXTV
C®LTN'I'E12PA12'T'S
This Agreement may be executed in two or more counterparts, each of which taken
together, shall constitute one and the same instrument.
XXV
CU NG I)EFAIJL'T
It is understood by the parties hereto that time is of the essence of this Agreement. The
parties to this Agreement reserve a right to cure any default hereunder within fifteen (15} days
from written notice of such default.
XXVT
C®I~IFI,TC'T DE'TWEEN ~'T-IE 'T'EX'T AND EXI3IDIT'S
In the event of a conflict in the provisions of the text of this Agreement and the Exhibits
attached hereto, the text of the Agreement shall control and govern.
XXVTI
SEVE>E~.DTLIT~'
If any provision of this Agreement is held invalid by a court of competent jurisdiction or
in the event such court shall determine that the VILLAGE does not have the power to perform
any such provisions, such provision shall be deemed to be excised here from and the invalidity
thereof shall not affect any of the other provisions contained herein, and such judgment or decree
shall relieve the VILLAGE from performance under such invalidity thereof shall not affect any
of the other provisions contained herein, and such judgment or decree shall relieve the
VILLAGE from performance under such invalid provision of this Agreement.
XXYITI
1~EIl0~TBITRSEIi~TEN'T 'I'® VTI.LAGE F®lE2 T~EGATJ ANI) ~T>IEIZ FEES /EXPENSES
To Effective Date of Agreement. The OWNER/DEVELOPER, concurrently with
annexation and zoning of the TERRITORY or so much thereof as required, shall reimburse the
17
VILLAGE for the following expenses incurred in the preparation and review of this Agreement,
and any ordinances, letters of credits, plats, easements or other documents relating to the
TERRITORY:
all attorney's fees incurred by the VILLAGE; and
Miscellaneous VILLAGE expenses, such as legal publication costs, recording fees and
copying expenses; and
From and After Effective Date of Agreement. Except as provided in the paragraph
immediately following this paragraph, upon demand by VILLAGE made by and through its
President, the OV~NERIDEVELOPER from time to time shall promptly reimburse VILLAGE,
for all enumerated reasonable expenses and costs incurred by VILLAGE in the administration of
the Agreement, including and limited to engineering fees, cost of any easements, attorney's fees
and out of pocket expenses involving various and sundry matters such as, but not limited. to,
preparation and publication, if any, of all notices, resolutions, ordinances, and other documents
required hereunder, and the negotiation and preparation of letters of credit and escrow
agreements to be entered into as security for the completion of land improvements.
Such costs and expenses incurred by the VILLAGE in the administration of the
Agreement shall be evidence to the OWNERIDEVELOPER upon its request, by a sworn
statement of the VILLAGE; and such costs and expenses may be further confirmed by the
OWNER/DEVELOPER at its option from additional documents relevant to determining such
costs and expenses as designated from time to time by the OWNER/DEVELOPER.
Notwithstanding the immediately preceding paragraph, OWNER/DEVELOPER shall in
no event be required to reimburse VILLAGE or pay for any expenses or costs of VILLAGE as
aforesaid more than once, whether such are reimbursed or paid through special assessment
proceedings, through fees established by VILLAGE ordinances or otherwise.
In the event that any third party or parties institute any legal proceedings against the
OWNER/DEVELOPER and/or the VILLAGE, which relate to the validity or any terms of this
Agreement, then, in that event, the OWNER/DEVELOPER, upon written notice from
VILLAGE, shall assume, fully and vigorously, the entire defense of such lawsuit and the
expenses of whatever nature relating thereto, provided, however:
The OWNER/DEVELOPER shall not make any settlement or compromise of the
lawsuit, or fail to pursue any available avenue of appeal of any adverse judgment, without the
approval of the VILLAGE, which approval shall not be unreasonable withheld; and
If the Village, in its sole discretion, determines there is or may probably be, a
conflict of interest between the VILLAGE and the OWNERIDEVELOPER, on an issue of
importance to the VILLAGE having a potentially substantial adverse affect on the VILLAGE,
then the VILLAGE shall have the option of being represented by its own legal counsel. In the
event the VILLAGE exercises such option, then the OWNER/DEVELOPER shall reimburse the
VILLAGE from time to time on written demand from the President of the VILLAGE and notice
of the amount due for any expenses, including but not limited to court costs, reasonable
attorney's fees and witnesses' fees and other expenses of litigation, incurred by the VILLAGE in
18
connection therewith. The obligation of the QWNER/DEVELOPER to reimburse the VILLAGE
under the terms of this subparagraph 2 shall terminate if no such legal proceedings are brought
within one (I) year from the date of the annexation of the TERRITORY and, further, such
obligation of reimbursement shall not apply if such legal proceedings are based upon alleged
errors, omissions or unlawful conduct of the VILLAGE and not the OWNER/DEVELOPER.
In the event the VILLAGE institutes legal proceedings against the
OWNER/DEVELOPER for violation of this Agreement, and secured a judgment in its favor, or
by settlement, the OWNER/DEVELOPER shall pay all expenses of such legal proceedings
incurred by the VILLAGE, including but not limited to, the court costs and reasonable attorney's
fees, etc,, incurred by the VILLAGE in connection therewith.
19
XXIX
EXECIITI~N ®F A~EENT
This Agreement shall be signed last by the VILLAGE and the President of the VILLAGE
shall affix the date on which he signs this Agreement on page 1 hereof which date shall be the
effective date of this Agreement.
IN WITNESS WI-IEREOF, the parties have caused this Agreement to be executed on the
day and year first above written.
VILLAGE OF LEMONY
an Illinois Municipal Corporation
By: _
ATTEST:
By:
Village Clerk
OWNER:
Marquette Bank Land Trust No. 16099
By:
Title:
DEVELOPER:
Eire Construction Company, an Illinois corporation
By:
Title:
DEVELOPER:
Haven Development Inc., an Illinois corporation
By:
Title:
Zo
Village President
N®'I' I' CEI~T'IFICA'I'ES
STATE ®F ILI.IN®IS~
~~
C®ITl~ITI' ®F ~®®I~
I, the undersigned, a Notary Public, in and for the County and Sate aforesaid, DO HEREBY
CERTIFY that JOHN F. PIAZZA, 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 day of
Notary Public
My commission expires on
STATE ®F )
SS
C®ITNT~' ®Jf' ~
20
20
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
21
STr~TE C3F )
} SS
I, the undersigned, a Notary Public in and for the County and Mate 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
STATE ®F' }
C®i71~T~' ®F
~ SS
I, the undersigned, a Notary Public in and for the County and Mate 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
22
~ i
Legal ®escripti®n
LOTS 7, 8, 9, 10, 11 AND 12 IN BOYER'S SUBDIVISION OF THE PART OF THE WEST HALF O THE
NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, SOUTH OF THE 50 FOOT LINE OF THE ILLINOIS AND MICHIGAN CANAL, ACCORDING TO THE
PLAT THEREOF RECORDED JUNE 24, 1879 AS DOCUMENT 227262 IN COOK COUNTY, ILLINOIS.
EXHIBIT B
LEG<L ocs:nlwlon
LOTS ].49. t0. 11 AND i21N BOYEA'S
5URONISION OF tHAT PARL OF THE
WEST NiALF OF THE NORTHWEST
RTER OF SECTION 22, iOYtNSHIP
37 NORTH, RANGE 11 EAST OF THE
HIRO PRINCIPAL MERIDIAN, SOUTH
OF THE 50 FOOT LINE OE THE
iLIINOIS ANO MICHIG4N CANAL.
RECORCEC. JUNE 21.1819 AS
OOCUMEeti 211262. IN COOK
GOVMY.ILLINOI3.
Iu 22-22-100-005 (LOT 12)
PIN 22-22-v00-005 (LOi tt)
lu 21-22-100-001 (l0i t0)
PiN 22-22-100-008 (LOT 9)
PIN 22-22-t00-OIQ~ .. ,,. ...
22-'<
PIN 22-'.
TOTRL S0i
(AREA INr
PLAT OF ANNEXATION
TO THE VILLAGE OF LEMONY ILLINOIS
PART OF THE W EST ILtLF OF THE uORTHNEST QUARTER OF SECTION 22, TOWNSHIP 32 NORTH, RANGE )t EAST OF THEtx1RD PRINCIPAL MERIONN, SOUTH OF THE 50
FOOT LINE OF THE IlLIN015 ANO MICHIGAN CANAL.
IN COOK GOUNtt. ILLINOIS
F
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EXHIBIT C
D ~~~~~~~c~ ~~~~~ _ ";A=m~B~m m$ ISSUES pND REVISIONS:
~ 5 ~ ~4 ~p--i Ashford Condominumum ~. ~ ~~a m a,£
~~ ; ~~.. ~ ~ ~ ~ ~ of Lemont ~ ~ ~ 3#m
~", ~ ~' ~ Q rn _ Corner o(Walker Road and Main Slreal a ~ ~ ~' G ~' z c
2a5 t; ,- -~ C/+ Lemont III-naffs ~' o~~~~''"~~ -
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# `~o~'
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EXHIBIT D
PI~ELI~I~AIZY ENGINEEI~N~ ~,6 a,;~`~,
N ,n ,~~.
ASI-IF®IZI~ Ct~~TI3~~/IINIt7_lVIS ,
~,_
.~'< /- ~,
LEGAL 0[SCRIPTION \ -
LOTS) 8.9 10 t'AND t2 NDCYEPS SUDDNISfON OF SH4T PART O<THE WESt \C\C/k,,/\
N F OF SH- NOPTMA'EST OUAPTER OF SECTION 22, TOWNSM P 41 NORTM1 r \X~\ ~.
FANGE II EASTOFTHE TN RD PR NpPAL MER MAN SOUTH Cf THE50 FOO'LiNE 3 \ ~ ~ '{
OF THE lLINO15 AND IfiCHiGAN CAl14L ACCOPD N6 TO THE PU.T THEkCOF g
R[COAUED JUNE 2119]3 AS DOCUAfENi 22'i2621N COOK CCUNt1'.ILL NOIS i
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' FLOOD ELEVATION 6O4.OD
i -„ TA DETENTION ASUMMARY
SUE AREA .96 ACRES
AREAL N C GHE)t 'SPaCW 2. 3 ACRRES
064 AC'
D SNRREO AREA 3.2t ACRESS
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PARKING SUMMARY:
!N RUILwNG 64
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Submitted by
I~enig, I~ind~r°en, 9Ilara, Ab®®na, Inca
April 6, 2009
Intr~du~ti~n
Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.) was retained by the Village of Lemont to
provide a traffic impact and site access study for three residential developments proposed in Lemont,
Illinois.
This report summarizes the methodologies, results and findings of this site traffic analysis conducted
for the proposed Ashford condominiums development, to be located in the northeast quadrant of the
intersection of Main Street and Walker Road, the Heritage Park condominiums development, to be
located on the north side of Main Street, between Village Drive and Franciscan Drive, and the
Windsor condominiums development, to be located in the northwest quadrant of the intersection of
Main Street and Walker Road. Figure 1 shows the location of the site in relation to the area
roadway system. Figure 2 shows an aerial view of the site area.
The Ashford development proposes 56 condominium units. The Heritage Park development
proposes 64 condominium units. The Windsor development is proposed to be completed in two
phases. Phase 1 will include 68 condominium units for the parcel located between Main Street and
the Illinois Central Gulf Railroad. Phase 2 is the parcel located between the railroad and the I ~ M
Canal, and will include an additional 128 condominium units.
Access to the Windsor and Ashford developments will be from the proposed Walker Road
extension, which will become the north/fourth leg to the existing T-intersection of Walker Road and
Main Street. Walker Road will be extended north, approximately 1,200 feet north of Main Street.
Access to the Heritage Park development will be from a full access driveway that will T-intersect
Main Street from the north, approximately mid-distance between Franciscan Drive and Village
Drive. Two emergency vehicle access driveways will be provided on Main Street at the east and
west ends of the site.
The following seven intersections were analyzed as part of this study:
1. Walker Road and Main Street
2. Franciscan Drive and Main Street
3. Village Drive and Main Street
4. Heritage Park Access and Main Street (proposed)
5. Ashford Access and Walker Road Extended (proposed)
6. Windsor South Access and Walker Road Extended (proposed)
7. Windsor North Access and Walker Road Extended (proposed)
Far the purposes of this study, it is assumed that the buildout of the Ashford and Heritage Park
developments, as well as Phase I of the Windsor development will be completed by Year 2015.
Phase 2 of the Windsor development is estimated to be completed by Year 2020.
Proposed Residential Developments 1
Lemont, Illinois ~~
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Figure 1
Proposed Residential Developments 2 ~ - '~"`
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