O-28-12 Ord Authorizing Annexation at 40 Timberline Dr. (Timberline Knolls)ORDINANCE NO.0. 2. -I Z.
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR
40.81 ACRES LOCATED AT 40 TIMBERLINE DRIVE IN LEMONT, ILLINOIS
(Timberline Knolls)
Adopted by the
President and Board of Trustees
of the Village of Lemont
This 23rd Day of April, 2012
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 23"
day of April, 2012.
ORDINANCE NO. .1,1-1A,
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR
40.81 ACRES LOCATED AT 40 TIMBERLINE DRIVE IN LEMONT, ILLINOIS
(Timberline Knolls)
WHEREAS, Lemont Holdings, LLC (hereinafter referred to as the "Petitioner ") is the owner of the
subject property covering approximately 40.81 acres located at the 40 Timberline Drive in Lemont, Illinois
(P1NS# 22 -19- 401 -040; 22 -20- 309 - 001; 22 -29- 100 - 035; 22 -30- 202 -005; 22 -30- 202 -006; 22 -30- 204 -005; and
22 -30- 204 -008); and
WHEREAS, the Petitioner has petitioned for annexation of a portion of the subject property and the
remainder of the subject property was previously annexed to Lemont on January 12, 1987 by Ordinance 546;
and,
WHEREAS, a copy of said Annexation Agreement has been attached hereto and included herein;
and;
WHEREAS, the statutory procedures provided for in the Illinois Municipal Code for the execution
of said agreement have been fully complied with.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village
of Lemont, Counties of Cook, DuPage, and Will, State of Illinois, as follows:
Section 1. That the President be and is hereby authorized and directed, and the Village Clerk is
directed to attest to a document known as the "Timberline Knolls Annexation Agreement" 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.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE AND WILL, ILLINOIS, ON THIS 23"
DAY OF APRIL, 2012.
Debby Blatzer
Paul Chialdikas
Clifford Miklos
Ron Stapleton
Rick Sniegowski
Jeanette Virgilio
Attest:
AYES NAYS ABSENT ABSTAIN
V
Appro by me this 23rd s - of : ril, 2012
K. REAVES, Village President
C ARLENE M. SM r L N, Village Clerk
1 TIMBERLINE KNOLLS ANNEXATION AGREEMENT
2
3
4 ARTICLE TITLE
5
6 I Definitions
7
8 II Annexation
9
10 III Zoning and Land Use Restrictions
11 • Zoning
12 • PUD Approvals
13 • Enabling Ordinances
14 • Other Standards
15
16 IV Dedication and Construction of Streets
17 • Construction of Streets
18 • Dedication of Alley
19
20 V Approval of Plans
21
22 VI Binding Effect and Term and Covenants Running with the
23 Land
24
9
25 VII Notices
26
27 VIII Security Interests
28
29 IX Warranties and Representations
30
31 X Continuity of Obligations
32
33 XI No Waiver or Relinquishment of Right to Enforce
34 Agreement
35
36 XII Village Approval or Direction
37
38 XIII Singular and Plural
39
40 XIV Section Headings and Subheadings
41
42 XV Recording
43
44 XVI Authorization to Execute
45
46 XVII Amendment
47
1
1 XVIII Counterparts
2
3 XIX Curing Default
4
5 XX Conflicts between the Text and Exhibits
6
7 XXI Severability
8
9 XXII Indemnification
10
11
12 XXIII Execution of Agreement
13
14
15 EXHIBIT TITLE
16
17 A Legal Description
18
19 B Plat of Annexation, prepared by Ambit Land Surveying and
20 dated February 01, 2012.
21
22 C Timberline Knolls PUD Final Plat, prepared by Ambit
23 Land Surveying and dated February 28, 2012.
24
25 D Timberline Knolls Existing Monument Sign.
ii
1 TIMBERLINE KNOLLS ANNEXATION AGREEMENT
2
3 THIS ANNEXATION AGREEMENT, is made and entered into this day of ,
4 2012, between the Village of Lemont, a municipal corporation of the Counties of Cook, DuPage
5 and Will, in the State of Illinois (hereinafter referred to as "the VILLAGE ") and Lemont
6 Holdings, LLC (hereinafter referred to as "OWNER "); the Village and OWNER are hereinafter
7 sometimes referred to individually as a "Party" and collectively as the "Parties"; and,
8
9 WHEREAS, OWNER is the owner of record of the real estate (hereinafter referred to as
10 the "TERRITORY "), the legal description of which is attached hereto as Exhibit A and by this
11 reference made a part hereof; and,
12
13 WHEREAS, the OWNER filed a Petition for Annexation of a portion of the
14 TERRITORY to the VILLAGE (hereinafter, the "Petition ") that requested annexation of a
15 portion of the TERRITORY subject to execution of an annexation agreement acceptable to the
16 OWNER and the VILLAGE covering the entire TERRITORY; and,
17
18 WHEREAS, the portion of the TERRITORY to be annexed has not been annexed to any
19 municipality; and,
20
21 WHEREAS, the portion of the TERRITORY to be annexed constitutes an area that is
22 contiguous to and may be annexed to the VILLAGE, as provided under the Illinois Municipal
23 Code, 65 ILCS 5/7 -1 -1, et. seq.; and,
24
25 WHEREAS, the remainder of the TERRITORY was previously annexed to the
26 VILLAGE on January 12, 1987 by Ordinance 546; and
27
28 WHEREAS, the OWNER and VILLAGE agree that they will be bound by the terms of
29 this Annexation Agreement; and,
30
31 WHEREAS, the VILLAGE would extend its zoning, building, health and other
32 municipal regulations and ordinances over the TERRITORY, thereby protecting the VILLAGE
33 from possible undesirable or inharmonious use and development of unincorporated areas
34 surrounding the VILLAGE; and,
35
36 WHEREAS, the new boundaries of the VILLAGE, resulting from this Annexation shall
37 extend to the far side of every highway and shall include all of every highway not already
38 annexed; and,
39
40 WHEREAS, the parties desire, pursuant to Chapter 65, Article 5, Section 11 -15.1 of the
41 Illinois Municipal Code, to enter into an Agreement with respect to Annexation of the
42 TERRITORY and various other matters; and,
43
44 WHEREAS, pursuant to the provisions of the Statute, the corporate authority of the
45 VILLAGE has duly fixed a time for and held a hearing upon the Annexation Agreement and has
46 given notice of said hearing; and,
1
1
2 WHEREAS, the corporate authority of the VILLAGE has considered the Annexation of
3 the TERRITORY described in the Petition and has determined that the best interest of the
4 VILLAGE will be met if the portion of the TERRITORY is annexed to the VILLAGE and the
5 entire TERRITORY developed in accordance with the provisions of the Agreement.
6
7 NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
8 hereinafter contained, the Parties agree as follows:
9
10 I
11
12 DEFINITIONS
13
14 BUILDING CODE The code or codes governing the erection and maintenance of buildings.
15
16
17 FINAL PLAT A plat of all or a portion of a subdivision or site plan that is presented to the
18 Village for final approval.
19
20 PLAT A document, prepared by a registered surveyor or engineer that delineates a tract of land,
21 showing the boundaries and locations of individual properties and streets.
22
23 PLAT OF ANNEXATION A plat that depicts the property to be annexed.
24
25 PROPERTY A lot, parcel, tract or plot of land together with the buildings and structures
26 thereon.
27
28 UNIFIED DEVELOPMENT ORDINANCE Ordinance 0 -7 -08, as amended.
29
30
31 II
32
33 ANNEXATION
34
35 Subject to the provisions of Chapter 65, Article 5 Section 7 of the Illinois Municipal
36 Code, the parties hereto respectively agree to do all things necessary or appropriate to cause a
37 portion of the TERRITORY to be validly annexed to the VILLAGE as promptly as possible after
38 execution of this AGREEMENT.
39
40 The Plat of Annexation of said TERRITORY is attached hereto as Exhibit `B ". Said Plat
41 extends the new boundaries of the VILLAGE to the far side of any adjacent highway not already
42 annexed and includes all of every highway within the TERRITORY so annexed. Upon adoption
43 of an ordinance annexing a portion of the TERRITORY to the VILLAGE, the Village Clerk shall
44 cause a copy of said ordinance and said Plat to be duly recorded with the Cook County Recorder,
45 and duly filed with the Cook County Clerk. The Village Clerk shall also send notice of
46 annexation of a portion of the TERRITORY to the Cook County Elections Department and the
47 U.S. Post Office branch serving the TERRITORY by certified or registered mail.
2
1
2
3 III
4
5 ZONING AND LAND USE RESTRICTIONS
6
7 Zoning. Upon the Annexation of a portion of the TERRITORY to the VILLAGE and the
8 adoption of this Agreement, the parcel(s) shown on the Timberline Knolls PUD Final Plat
9 attached as Exhibit "C" shall be classified under the existing zoning ordinance, as amended, as R-
10 4, Single- Family Detached zoning. Prior to the date of this Agreement, such public hearings as
11 are necessary to enable the VILLAGE lawfully to grant said zoning classification as to the
12 TERRITORY have been conducted upon proper notice, and no further action need be taken by
13 the OWNER to cause the TERRITORY to be rezoned as R -4, Single - Family Detached once the
14 TERRITORY is annexed to the VILLAGE.
15
16 Planned Unit Development Approvals. The Planned Unit Development Ordinance of the
17 Village makes provision for exceptions to the requirements of the Unified Development
18 Ordinance in order to promote and allow innovation and flexibility of design in keeping with the
19 public interest and welfare. As provided for in Chapter 17.08 (Planned Unit Developments) of
20 the Lemont Unified Development Ordinance, the VILLAGE has deemed it appropriate to
21 approve the following as part of the Planned Unit Development for Timberline Knolls:
22
23 1. The subject site may be used for its existing use as a private psychiatric
24 therapeutic treatment facility offering sober living, residential, partial, intensive
25 outpatient and outpatient treatment for those with eating disorders, alcohol or drug
26 addiction, other addictions, mood disorders, trauma/post traumatic stress disorder(PTSD)
27 and other co- occurring mental health disorders.
28
29 2. The subject site may also be used as a licensed private hospital, as defined by the
30 Illinois Mental Health & Developmental Disabilities Code (405 ILCS 5/1 -113). A
31 "Licensed private hospital" means, specifically, "any privately owned home, hospital, or
32 institution, or any section thereof which is licensed by the Department of Public Health
33 and which provides treatment for persons with mental illness." [Public Act 88 -380]
34
35 a. Any licensed private hospital to be established on this site shall not have
36 more than 120 beds total and shall not:
37
38 i. accept patients that are currently in the custody of and directly
39 referred or mandated from a correctional institution and /or facility, prison,
40 or jail except in exceptional or limited circumstance.
41
42 ii. accept any unfunded or government funded patients from any
43 Federal, State, County, or Municipal or other correctional institution,
44 facility, prison or jail, except for military or government employee funded
45 patients in exceptional or limited circumstances.
46
47 iii. accept any unfunded or government funded patients that are
3
1 currently serving any Federal, State, County or Municipal parole, sentence,
2 electronic monitoring, furlough, pilot program, or other type of release,
3 except for military or government employee funded patients.
4
5
6 3. Accessory uses for therapeutic purposes such as a gymnasium, swimming pool,
7 residential lodges, dining facility, school facility, library facility, administration facility,
8 ropes course and maintenance buildings shall be allowed. Horses may be brought on site
9 for day use for equine therapy and for horseback riding as an accessory use for therapeutic
10 purposes. Horses may not be kept on -site overnight. The construction of any accessory
11 structures for the keeping of animals, such as a horse barn, loafing shed or stable, shall
12 require an amendment to this planned unit development and annexation agreement.
13
14 4. Site Plan & Future Improvements -
15
16 a. All existing improvements as depicted on the Timberline Knolls PUD
17 Plat, attached hereto as Exhibit C, are approved.
18
19 b. The site is permitted two monuments signs, one near the site's entrance on
20 Timberline Drive and one near the site's entrance on Brown Drive. The signs
21 shall be:
22 i. consistent with the size, materials and design of the existing sign as shown
23 on Exhibit D, hereto and hereby made a part hereof;
24
25 ii. in conformance with the UDO requirements for monument signs in
26 residential zoning districts; or
27
28 iii. shall be approved as a minor amendment to the Planned Unit
29 Development. Such minor amendment shall mean approval by the Community
30 Development Director upon consultation with the President of the Board of
31 Trustees and the Chairman of the Planning and Zoning Commission.
32
33 c. Prior to the issuance of any building permit or site development permit for
34 any future development on the site, a tree preservation plan shall be submitted to
35 Village staff for review and approval. The plan need only cover the area proposed
36 to be disturbed.
37
38 d. All new buildings and any additions to existing buildings shall not be
39 placed less than 50 feet from the perimeter property line of the site.
40
41 e. All new parking lots and any additions to existing parking lots shall not be
42 placed less than 20 feet from the perimeter property line of the site, except
43 existing parking lots may remain in their current location and may be repaired or
44 replaced as needed in their current location. On PINs 22 -30- 202 -005 and -006
45 parking lots shall be prohibited between any future principal structure(s) on those
46 parcels and Timberline Drive.
47
4
1 f. Sidewalks shall not be required for future development on the subject site.
2
3 g. New streets on the subject site must be at least 20 feet wide, exclusive of
4 any curb along the street.
5
6 h. No curb is required for new or expanded parking lots or streets unless
7 curbs are needed for drainage purposes.
8
9 i. The site's parking lot entrance on Brown Drive, which is currently blocked
10 by the fence, may be re- established at any time.
11
12 j. The applicant may add a second access onto the alley north of the subject
13 site, subject to Village staff review and approval of the proposed location.
14
15 k. The property owner shall be required to complete a traffic study if the
16 services on the subject site become more than 30% outpatient.
17
18 1. Gates and security entrance — Timberline Knolls shall have the right to
19 close up their entrances and have security gates, provided that the permittee sees
20 to it that fire and police as well as other emergency response agencies shall have
21 immediate access to the site at all times.
22
23 5. Preservation of Existing Buildings —
24
25 a. Modifications to that portion of the Art Center that was formerly a barn
26 shall comply with the following requirements:
27 i. The limestone used on the exterior shall not be modified without
28 prior consultation with and approval of Village staff.
29
30 ii. The arrangement, size and type of windows shall not be altered
31 without prior consultation and approval of Village staff.
32
33 iii. No enlargement of or addition shall be made without prior
34 consultation with and approval of Village staff.
35
36 iv. All other exterior work, to include but not limited to roofing,
37 doors, and entrances, may be modified without prior consultation and
38 approval of Village staff, except for approval of building permits.
39
40 v. In instances where Village staff is to approve work as described in
41 paragraphs a, b and c above, said review and approval shall follow
42 standards for a Certificate of Appropriateness as outlined in the Lemont
43 Unified Development Ordinance.
44
45 b. Timberline Knolls hereby agrees to a moratorium on external changes to
46 and demolition of the Quarry Foreman Building. This moratorium shall last for a
47 period of one year from the date of this agreement /PUD. If a mechanism to
5
1 preserve or salvage a portion or all of the Quarry Foreman Building is identified
2 during the moratorium period, Village staff may lift the moratorium less than one
3 year from the date of this agreement/PUD.
4
5 c. Timberline Knolls hereby agrees to a moratorium on the demolition of the
6 portion of the Art Center that was formerly a barn for a period of three years from
7 the date of this agreement /PUD. If a mechanism to preserve or salvage the
8 portion of the Art Center that was formerly a barn is identified during the
9 moratorium period, Village staff may lift the moratorium less than three years
10 from the date of this agreement /PUD.
11
12
13 6. Building Standards — New construction on the subject site shall comply with all
14 applicable local building codes in place at the time of building permit application. If any
15 future construction is also subject to any federal, state or other regulatory agency
16 requirements, whichever imposes the more stringent requirements shall apply.
17
18 7. Building Heights — The heights of all existing buildings are approved. Any
19 expansion of an existing building shall conform to a maximum building height of 37 feet,
20 unless the height of the building to which the expansion is being added exceeds 37 feet.
21 If the height of the existing building exceeds 37 feet, then the height of the expansion
22 shall be less than or equal to the height of the building to which the expansion is being
23 added. New buildings shall conform to a maximum building height of 37 feet. This
24 maximum height shall be measured as the vertical distance from the average finished
25 grade of all building corners to the highest point of the coping of a flat roof or to the deck
26 line of a mansard roof, or to the ridge for a gable, hip or gambrel roof.
27
28 8. Landscaping — Landscaping shall be installed between the existing privacy fence
29 and the property line of the subject site along Timberline Drive and Povalish Court. At a
30 minimum, said landscaping shall consist of large shrubs, small shrubs, and ornamental
31 grasses in quantities sufficient to mitigate the appearance of the privacy fence. The
32 installation of trees, while not required, is allowed. The landscaping shall be installed no
33 later than August 31, 2012. Prior to installation, the property owner shall submit a
34 landscape plan to Village staff for review and approval.
35
36 The conditions of the Annexation Agreement relating to the development of the
37 TERRITORY incorporated herein by reference and made a condition to the grant of this special
38 use zoning for the planned unit development shall survive the expiration of the Annexation
39 Agreement and shall remain in effect unless or until the zoning of the property has been altered
40 in accordance with law. Unless otherwise specified herein, any proposed development of the
41 TERITORRY that does not conform to the requirements of the Planned Unit Development shall
42 require a major amendment to the Planned Unit Development and shall follow the approval
43 procedures for such as outlined in the Unified Development Ordinance.
44
45 Enabling Ordinances. The VILLAGE agrees to adopt all necessary ordinances to enable
46 the annexation, zoning, and special use Planned Unit Development approvals described herein.
47
6
1 Other Standards. The Village agrees that provisions, conditions, and regulations as set
2 forth in this Agreement and the documents or plans to which it refers shall govern with respect to
3 the development of the TERRITORY in any case in which the standards of the Unified
4 Development Ordinance, Village ordinances, codes, or other regulations now or hereafter shall
5 conflict with the standards listed herein. The Village agrees that the standards of this Agreement
6 shall govern with respect to development of the TERRITORY in any case in which no applicable
7 standards are provided in the Unified Development Ordinance. In any case in which the Unified
8 Development Ordinance contains applicable standards that do not conflict with the above
9 standards, the standards of the Unified Development Ordinance shall govern with respect to the
10 development of the TERRITORY.
11
12 It is understood and agreed, except as otherwise provided for herein, the Unified
13 Development Ordinance, Building Code and all other ordinances including all fees and charges
14 of the VILLAGE, shall not be frozen during the term of this Agreement, and such ordinances, as
15 the same may from time to time be amended and enforced throughout the VILLAGE, shall apply
16 to the TERRITORY. In the case of a comprehensive amendment to the VILLAGE'S Zoning
17 Ordinance, the TERRITORY shall be designated the zoning district most comparable to the R -4
18 Single - Family Detached district.
19
20
21
22 IV
23
24 DEDICATION AND CONSTRUCTION OF STREETS
25
26 Construction of Streets. All interior streets within the TERRITORY shall remain
27 privately owned and maintained. The OWNER shall design streets within the TERRITORY
28 according to Article III of this Agreement.
29
30 Dedication of Alley. The OWNER hereby agrees to dedicate that portion of the alley
31 immediately north of the subject site which is owned by the OWNER.
32
33
34
35 V
36
37 APPROVAL OF PLANS
38
39 The VILLAGE agrees to expeditiously take action to approve or disapprove all plats,
40 plans, and engineering submitted to VILLAGE by the OWNER. If the VILLAGE shall
41 determine that any such submission is not in substantial accordance with this Agreement and
42 applicable ordinances, the VILLAGE shall promptly notify the OWNER in writing of the specific
43 objection to any such submission so that the OWNER can make any required corrections or
44 revisions.
45
46
47 VI
7
1
2 BINDING EFFECT AND TERM AND COVENANTS RUNNING WITH THE LAND
3
4 This Agreement shall be binding upon and insure to the benefit of the parties hereto,
5 successor OWNERS of record of the TERRITORY, assignees, lessees, and upon any successor
6 municipal authorities of said VILLAGE for a period of 20 years from the date of execution
7 hereof.
8
9 The terms and conditions of this Agreement relative to the dedication of rights -of -way to
10 the VILLAGE and the development standards established herein shall constitute covenants which
11 shall run with the land.
12
13 It is further agreed that any party to this Agreement, either in law or in equity, by suit,
14 action, mandamus, or other proceeding may enforce or compel the performance of this
15 Agreement, or have other such relief for the breach thereof as may be authorized by law or that
16 by law or in equity is available to them.
17
18
19 VII
20
21 NOTICES
22
23 Unless otherwise notified in writing, all notices, requests and demands shall be in writing
24 and shall be personally delivered to or mailed by United States Postal Service certified mail,
25 postage prepaid and return receipt requested, as follows:
26
27
28 For the VILLAGE:
29
30 Village President
31 418 Main Street
32 Lemont, IL 60439
33
34 and
35
36 Village Clerk
37 418 Main Street
38 Lemont, IL 60439
39
40 and
41
42 Village Administrator
43 418 Main Street
44 Lemont, IL 60439
45
46 For OWNER:
47
8
1 Roger V. Barth
2 Lemont Holdings, LLC
3 7630 Royal Dominion Drive
4 Bethesda, MD 20817
5
6 and
7
8 Timberline Knolls, LLC
9 40 Timberline Drive
10 Lemont, IL 60439
11
12 Or such other addresses that any party hereto may designate in writing to the other parties
13 pursuant to the provisions of this Section.
14
15
16 VIII
17
18 SECURITY INTERESTS
19
20 The OWNER represents and warrants to the VILLAGE that there are no mortgages, liens,
21 or other security interests affecting title to the TERRITORY or any part thereof.
22
23
24 IX
25
26 WARRANTIES AND REPRESENTATIONS
27
28 The OWNER represents and warrants to the VILLAGE as follows:
29
30 That Lemont Holdings, LLC identified on page 1 hereof is the OWNER as legal title
31 holder; and
32
33 That the OWNER has developed a portion of the TERRITORY and proposes to develop
34 the remainder of the TERRITORY in the manner contemplated under this Agreement; and
35
36 That other than the OWNER and Timberline Knolls, LLC, no other entity or person has
37 any interest in the TERRITORY or its development as herein proposed; and
38
39 That the OWNER has provided the legal description of the TERRITORY set forth in this
40 Agreement and the attached exhibits and that said legal description and exhibits are accurate and
41 correct.
42
43
44 X
45
46 CONTINUITY OF OBLIGATIONS
47
9
1 Notwithstanding any provisions of this Agreement to the contrary, the then OWNER,
2 assignees or lessees, shall at all times during the term of this Agreement remain liable to
3 VILLAGE for the faithful performance of all obligations imposed upon them by this Agreement
4 until such obligations have been fully performed.
5
6 XI
7
8 NO WAIVER OR RELINQUISHMENT OF RIGHT TO ENFORCE AGREEMENT
9
10 Failure of any party to this Agreement to insist upon the strict and prompt performance of
11 the terms covenants, agreements, and conditions herein contained, or any of them, upon any other
12 party imposed, shall not constitute or be construed as a waiver or relinquishment of any party's
13 right thereafter to enforce any such term, covenant, agreement or condition, but the same shall
14 continue in full force and effect.
15
16
17 XII
18
19 VILLAGE APPROVAL OR DIRECTION
20
21 Where VILLAGE approval or direction is required by this Agreement, such approval or
22 direction means the approval or direction of the Corporate Authorities of the VILLAGE unless
23 otherwise expressly provided or required by law, and any such approval may be required to be
24 given only after and if all requirements for granting such approval have been met, unless such
25 requirements are inconsistent with this Agreement.
26
27
28 XIII
29
30 SINGULAR AND PLURAL
31
32 Wherever appropriate in this Agreement, the singular shall include the plural, and the
33 plural shall include the singular.
34
35
36 XIV
37
38 SECTION HEADINGS AND SUBHEADINGS
39
40 All section headings or other headings in this Agreement are for general aid of the reader
41 and shall not limit the plain meaning or application of any of the provisions thereunder whether
42 covered or relevant to such heading or not.
43
44
45 XV
46
47 RECORDING
10
1
2 A copy of this Agreement and any amendments thereto shall be recorded by the
3 VILLAGE at the expense of the OWNER within 30 days after the execution hereof.
4
5
6 XVI
7
8 AUTHORIZATION TO EXECUTE
9
10 The President and Clerk of the VILLAGE hereby warrant that they have been lawfully
11 authorized by the VILLAGE Board of the VILLAGE to execute this Agreement. The OWNER
12 and VILLAGE shall, upon request, deliver to each other at the respective time such entities cause
13 their authorized agents to affix their signatures hereto copies of all bylaws, resolutions,
14 ordinances, partnership agreements, letters of direction or other documents required to legally
15 evidence the authority to so execute this Agreement on behalf of the respective parties.
16
17
18 XVH
19
20 AMENDMENT
21
22 This Agreement sets forth all the promises, inducements, agreements, conditions and
23 understandings between the parties hereto relative to the subject matter thereof, and there are no
24 promises, agreements, conditions or understandings, either oral or written, express or implied,
25 between them, other than are herein set forth. Except as herein otherwise provided, no
26 subsequent alteration, amendment, change or addition to this Agreement shall be binding upon
27 the parties hereto unless authorized in accordance with law and the standards of the Lemont
28 Unified Development Ordinance.
29
30 XVIII
31
32 COUNTERPARTS
33
34 This Agreement may be executed in two or more counterparts, each of which taken
35 together, shall constitute one and the same instrument.
36
37
38 XIX
39
40 CURING DEFAULT
41
42 It is understood by the parties hereto that time is of the essence of this Agreement. The
43 parties to this Agreement reserve a right to cure any default hereunder within fifteen (15) days
44 from written notice of such default.
45
46
47 XX
11
1
2 CONFLICT BETWEEN THE TEXT AND EXHIBITS
3
4 In the event of a conflict in the provisions of the text of this Agreement and the Exhibits
5 attached hereto, the text of the Agreement shall control and govern.
6
7
8 XXI
9
10 SEVERABILITY
11
12 If any provision of this Agreement is held invalid by a court of competent jurisdiction or
13 in the event such court shall determine that the VILLAGE does not have the power to perform
14 any such provisions, such provision shall be deemed to be excised here from and the invalidity
15 thereof shall not affect any of the other provisions contained herein, and such judgment or decree
16 shall relieve the VILLAGE from performance under such invalidity thereof shall not affect any of
17 the other provisions contained herein, and such judgment or decree shall relieve the VILLAGE
18 from performance under such invalid provision of this Agreement.
19
20
21 XXII
22
23 INDEMNIFICATION
24
25 Grantee shall indemnify and save harmless the Village, its officers and employees, agents
26 and independent contractors and their officers and employees from all Damages arising from or
27 incidental to the Grantee's operation of the Special Use granted hereby, including Damages on
28 account of injury to or death of any person or persons whomsoever and /or Damage to any
29 property, or on account of actions of the Grantee's patients, officers, employees, agents,
30 independent contractors and /or others, caused by, connected with, or in any way attributable to,
31 the special use permit herein granted or Grantee's failure to comply with any of the terms or
32 conditions hereof, except for any Damages arising from the negligence, gross negligence, alleged
33 errors, omissions, unlawful conduct, and /or intentional acts of any Village officer, employee,
34 agent or independent contractors and their officers and employees. As used herein, "Damages"
35 means any and all loss, liability, expenses, costs, actions, causes of action, lawsuits, claims,
36 demands, liabilities, costs and expenses, and other deficiencies, including but not limited to
37 interest, penalties, reasonable attorneys fees and expenses of litigation.
38
39 Except as provided in the paragraph immediately following this paragraph, upon demand
40 by VILLAGE made by and through its President, the OWNER from time to time shall promptly
41 reimburse VILLAGE, for all enumerated reasonable expenses and costs incurred by VILLAGE in
42 the administration of the Agreement, including and limited to engineering fees, cost of any
43 easements, attorney's fees and out of pocket expenses involving various and sundry matters such
44 as, but not limited to, preparation and publication, if any, of all notices, resolutions, ordinances,
45 and other documents required hereunder, and the negotiation and preparation of letters of credit
46 and escrow agreements to be entered into as security for the completion of land improvements.
47
12
1 Such costs and expenses incurred by the VILLAGE in the administration of the
2 Agreement shall be evidenced to the OWNER upon its request, by a sworn statement of the
3 VILLAGE; and such costs and expenses may be further confirmed by the OWNER at its option
4 from additional documents relevant to determining such costs and expenses as designated from
5 time to time by the OWNER:.
6
7 Notwithstanding the immediately preceding paragraph, OWNER shall in no event be
8 required to reimburse VILLAGE or pay for any expenses or costs of VILLAGE as aforesaid more
9 than once, whether such are reimbursed or paid through special assessment proceedings, through
10 fees established by VILLAGE ordinances or otherwise.
11
12 In the event that any third party or parties institute any legal proceedings against the
13 OWNER and /or the VILLAGE, which relate to the validity or any terms of this Agreement, then,
14 in that event, the OWNER, upon written notice from VILLAGE, shall assume, fully and
15 vigorously, the entire defense of such lawsuit and the expenses of whatever nature relating
16 thereto, provided, however:
17
18 The OWNER shall not make any settlement or compromise of the lawsuit, or fail to
19 pursue any available avenue of appeal of any adverse judgment, without the approval of the
20 VILLAGE, which approval shall not be unreasonably withheld; and
21
22 If the Village, in its reasonable discretion, determines there is or may probably be, a
23 conflict of interest between the VILLAGE and the OWNER, on an issue of importance to the
24 VILLAGE having a potentially substantial adverse affect on the VILLAGE, then the VILLAGE
25 shall have the option of being represented by its own legal counsel. In the event the VILLAGE
26 exercises such option, then the OWNER shall reimburse the VILLAGE from time to time on
27 written demand from the President of the VILLAGE and notice of the amount due for any
28 expenses, including but not limited to court costs, reasonable attorney's fees and witnesses' fees
29 and other expenses of litigation, incurred by the VILLAGE in connection therewith. The
30 obligation of the OWNER to reimburse the VILLAGE under the terms of this subparagraph 2
31 shall terminate if no such legal proceedings are brought within one (1) year from the date of the
32 annexation of the TERRITORY and, further, such obligation of reimbursement shall not apply if
33 such legal proceedings are based upon alleged errors, omissions or unlawful conduct of the
34 VILLAGE and not the OWNER.
35
36 In the event the VILLAGE institutes legal proceedings against the OWNER for violation
37 of this Agreement, and secured a judgment in its favor, or by settlement, the OWNER shall pay
38 all expenses of such legal proceedings incurred by the VILLAGE, including but not limited to,
39 the court costs and reasonable attorney's fees, etc., incurred by the VILLAGE in connection
40 therewith.
41
42
13
1
2 XXIII
3
4 EXECUTION OF AGREEMENT
5
6 This Agreement shall be signed last by the VILLAGE and the President of the VILLAGE
7 shall affix the date on which he signs this Agreement on page 1 hereof which date shall be the
8 effective date of this Agreement.
9
10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
11 day and year first above written.
12
13 VILLAGE OF LEMONT
14 an Illinois Municipal Corporation
15
16 -
17 By:
18 Village President
19 ATTEST:
20
21
22 By:
23 Village Clerk
24
25
26
27 OWNER:
28 Lemont Holdings, LLC
29
30 By:
31 Roger V. Barth
32
33
34
14
1 NOTARY CERTIFICATES
2
3 STATE OF ILLINOIS)
4 . ) SS
5 COUNTY OF COOK)
6
7 I, the undersigned, a Notary Public, in and for the County and Sate aforesaid, DO HEREBY
8 CERTIFY that BRIAN K.- REAVES, personally known to me to be the President of the Village
9 of Lemont, and CHARLENE M. SMOLLEN, personally known to me to be the Village clerk of
10 said municipal corporation, and personally known to me to be the same persons whose names are
11 subscribed to the foregoing instrument, appeared before me this day in person and severally
12 acknowledged that as such President and Village Clerk, they signed and delivered the said
13 instrument and caused the corporate seal of said municipal corporation to be affixed thereto,
14 pursuant to authority given by the Board of Trustees of said municipal corporation, as their free
15 and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for
16 the uses and purposes therein set forth.
17
18 GIVEN under my hand and official seal, this day of 20
19
20
21
22 Notary Public
23
24
25 My commission expires on , 20
26
27
28 STATE OF )
29 ) SS
30 COUNTY OF )
31
32 I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY
33 CERTIFY that the above -named , personally known to me
34 to be the same persons whose names are subscribed to the foregoing instrument appeared before
35 me this day in person and acknowledged that they signed and delivered the said instrument as
36 their own free and voluntary act for the uses and purposes therein set forth.
37
38 GIVEN under my hand and official seal, this day of , 20
39
40 My commission expires on , 20
41
42
43
44 Notary Public
45
46
15
Exhibit A
LEGAL DESCRIPTION
PARCEL. 7:
THAT PART OF_ LOTS 27, 28 AND A PERPETUAL ROADWAY AS SHOWY OV THE PLAT OF N. J. BR/'S
SUBDIVISION OF LOT 7 or COUNTY CLERK'S DI VISION OF SECT ION 19, TOWNSHIP 37 NORTH, RANGE 11 EAST
OF THE THIRD PR I NC !PAL MER I D I AN, RECORDED JULY 31, 1911 AS DOCCA1E7VT MADER 4502934, DESCR /BE()
AS FOLLOWS' :
BEG INNI NG A r THE NORTHWEST CORNER OF SA I D LOT 27; THENCE NORTHEASTERLY ALONG THE NORTH L. INE c
5.4 /0 LOT 27 ALONG A CURVE TO 7'HE R GHT WITH A RADIUS OF 2475 FEET AND A CHORD BEAR I NG AND
DISTANCE OF NORTH 71 DEGREES 13 MINUTES 56 SECONDS EAST 5/5.64 FEET re A P01 NT OF TANGENCY;
THENCE AORTH 78 DEGREES 49 MI MITES 57 SECONDS EAST 826 . 14 FEET ALONG THE 5.4 10 NORTHERLY I. INE OF
LOT 27 AND 3.4 10 NORTHERLY L INE EXTENDED; THENCE SOUTH 00 DEGREES 30 MINUTES 02 SECONDS WEST
16 .34 FEET ALONG A LINE 25 00 FEET WEST OF AND PARALLEL 7t THE KEST L I NE" OF CONSTANT SPRINGS
.4001 T I ON ro THE V 1 LLAGE OF avow; COUNTY or COOK , STATE OF ILL I NO I S , BOEING A SURD VISION OF
THAT PART OF THE WEST 550 FEET OF LOTS 7 AND 8 COUNTY CLERKS 01 VIS ION CF ovswolvioEv LANDS 1N
SECTION 20 RECORDED APR I L 1, 1912 AS DOaNENT NUMBER 4938728; THENCE SOUTH 78 DEGREES 49
MINUTES 57 SECONDS WEST 821.58 FEET ALONG .4 L .WE 16 . 00 FEET SOUTH OF AND PARALLEL fl THE SA I D
NORTHERLY L I NE OF LOT 27, TO A PO I NT OF CURVE ; THENCE Sag-HWESTERL Y ALONG A CURVE TO 7715 LEFT
WI 771 .4 RADIUS OF 3504. 64 FEET HAVING A CHORD BEARING AND D STANCE OF SOUTH 71 DEGREES 10
MI MUTES 42 SECONDS WEST 519 86 FEET TO THE WEST L I NE OF 54 /0 LOT 27; THENCE NORTH 00 DEGREES 35
MI NUTES 39 SECONDS WEST 17. 34 FEET ALONG THE KEST LINE OF sAro LOT 27 TO THE P0 /NT OF
BEG 1 AIN I NG, (EXCEPTING THEREFROM THAT PART THEREOF W1/CH LIES SOUTH OF A LINE WV I CH /5 16 FEET
SOUTHERLY FROM AND CONCENTRIC WI TH THE SaITIERLY 1. I IVES OF LOTS' 23, 24, 25, 26 AND 7745 CURVED
PORT ION OF THE SOUTHERLY L INE OF LOT 22 IN N. J. BROWN'S S(JBD IVISION RECORDED AS DCOLMENT
4802934 AND ALSO EXCEPT THAT PART THEREOF LY I NG SOUTH OF A L INE NH ICH 1S 16 FEET SOUTHERLY PROW
AND PARALLEL WI TH THE STRA I GHT PORT ION OF THE SOUTHERLY L /NE L 5.4 /0 LOT 22) , ALL IN COOK
MINTY , ILLINOIS
PARCEL 2:
THAT PART OF THE PERPETUAL ROADWAY .45 SHOW ON THE PLAT OF N. 1, BROWN' S SUBD I VIS ION OF LOT 7
OF COUNTY CLERK 5 DI VIS ION OF SECT ION 19, TOONSH I P 37 NORTH , RANGE 11 EAST OF THE TH I RD
PR INC I PAL UER ID AN , RECORDED JULY 37, 1911 AS DOCUMENT &MEIER 4802934 DESCR I BED AS FOLLOWS:
BEG I NAI NG AT THE NORTHEAST COVER OF SA ID N, J. BROWN' 5 SUBDIVISION W I CH /5 ALSO 7715
NORTHWEST CORNER OF CONSTANT SPRINGS ADD I r oiv TO THE VILLAGE OF LEMOtVT COUNTY OF COO(. STATE
OF ILL I NO S , BOEING' ,4 SUBDIVISION OF THAT PART OF THE WEST 550 FEET OF LOTS 7 AND 8 COUNTY
CLERKS 01 VIS ION OF UNSUBD I V I DEO LANDS /N SECT ION 20 RECORDED APR I L 1 , 1912 AS DOCWENT N1J4BER
4938728; THENCE S0.JTH 00 DEGREES 30 MINUTES 02 SEONDS WEST 372 . 51 FEET ALONG THE arsr LINE OF
SA I D CONSTANT SPRINGS .400/ TI ON TO THE SOUTH L /115 OF MA IN STREET; THENCE SOUTH 77 DEGREES 36
MINUTES 26 SECONDS NEST 61.55 FEET. ALONG THE SA ID SOUTH L. INE OF MA /14 STREET EXTENDED THENCE
NORTH 00 DEGREES 30 MINUTES 02 SECONDS EAST 175 . 79 FEET, ALONG A LINE 60 . 00 FEET KEST OF AND
PARALLEL WIT/-/ 7715 5, 4/0 WEST LINE OF CONSTANT SPR NGS AD IT ION., TO A LINE 16 00 FEET SOUTH 0 F ,
AS AEASED AT A R GHT ANGLES TO 1715 NORTH L I NE OF LOT 28 IN 3.4 /0 N J. BROWN' 5 SUB 01 VISI ON ;
THENCE NORTH 78 DEGREES 49 MOWJTES 57 SECONDS EAST 35,74 FEET, .41.0140 .4 L /145 THAT /3 16 . 00 FEET
souTH AND PARALLEL W I TH THE SA ID NORTH 1. I NE OF LOT 28 EXTENDED EASTERLY, T0 .A PO I NT 25.00 FEET
sfsr OF , AS MEASURED AT A RIGHT ANGLE TO, THE SAID KEST L. I At- OF CONSTANT SPRINGS ADD I TIM;
THENCE NORTH 00 DEGREES 30 MI NUTES 02 SECONDS EAST 200.06 FEET .41.0140 .4 L INE 25.00 FEET grsr
AND PARALLEL TO THE SA I D WEST LINE OF 5. 4/0 CONSTANT SPRINGS AD DI TI ON, TO THE SOUTHERLY R I GHT OF
WAY OF NEW ,4 VENUE ; THENCE NORTH 78 DEGREES .49 M I NUTES 57 SECONDS EAST 25 . 53 FEET, ALONG THE
5.4 /0 SOUTHERLY R I GHT OF WAY OF NEW AVENUE, TO THE PO I NT OF BEG I NN I NG , ALL IN COOK MINTY
ILLINOIS
PARCEL 3: NOT TO BE I NCLI.IDED
PARCEL 4: PARK NOT TO BE /1401.118(8
Exhibit A
PARCEL 6•
THAT PART OF THE SOUTH EAST 1/4 OF SECTION 19, THE SOUTIMEST V4 OF SECTION 20, THE NORTHWEST
1/4 OF SECTION 29 AND THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST 7/4 LINE OF SAID IVORTHEAST 1/4 OF SECTION 30 AND THE
NORTH LINE OF TIIMBERLINE I, A SUBDIVISION OF PART OF LOTS 7, 2 AND 3 OF COUNTY CLERKS DIVISION
OF SECTION 30 AND PART OF LOTS 27 AND 28 OF MINTY CLERKS DIVISION OF SECTION 29, TOWNSHIP AND
RANGE AFORESAID, RECORDED APRIL 5, 1979, AS DOCUtENT NUW9ER 24908074; THENCE NORTH 89 DEGREES
43 MINUTES 21.8 SECONDS WEST 696.36 FEET ALONG THE SAID NORTH LINE OF' TIMBERLINE I, TO A POINT
626,22 FEET EAST OF THE WESTERLY LIAE OF SAID TIMBERLINE I, ALSO BEING THE WESTERLY 1. ME OF LOT
2 OF COUNTY CLERKS DIVISION O SAW SECTION 30, AS RECORDED JUNE- 8, 1880 AS DOCUMENT MAGER
275499; THENCE NORTH 00 DEGREES 10 MINUTES 12.7 SECONDS EAST 219.74 FEET; THENCE NORTH 63
DEGREES 34 MINUTES 04, I SECONDS kiEST 490.89 FEET; THENCE NORTH 00 DEGREES 10 MINUTES t2.7
SECONDS EAST 29.22 FEET; THENCE NORTH 89 DEGREES 47 MINUTES 47,3 SECONDS WEST 120.00 FEET 70 .4
POINT 66.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID LOT 2 IN cvuNry CLERK'S DIVISION; THENCE
NORTH 00 DEGREES 47 MINUTES 04 SECONDS WEST 392.64 FEET PARALLEL WITH THE WEST LINE OF LOTS 2
AND 1 OF SAW COUNTY CLERK'S orwslav 70 .4 POINT 208 FEET SOUTH OF THE NORTH LINE OF SAID LOT 1
OF COUNTY CLERK'S DIVISION; THENCE EAST PARALLEL wiTH THE NORTH LINE OF SAID LOT 7 OF COUNTY
CLERK'S DIVISION A 0/STANCE OF 142.00 FEET; THENCE NORTH ALONG A LINE 208.00 FEET EAST OF THE
WEST LINE OF SAID LOT 1 A DISTANCE OF 74.20 FEET 70 14 POINT 133.80 FEET SOUTH OF THE NORTH LINE
OF SAID LOT 1 OF CANTY CLERK'S DIVISION; THENCE EAST 88.84 FEET ALCWG A LINE PARALLEL WITH TIE
SAID NORTH LINE' OF COUNTY CLERK'S DIVISION; THEIVCE NORTH 246.45 FEET ALONG ME EAST LINE OF THE
WEST 295.84 FEET OF' SAID LOT 1 OF COUNTY CLERKS DIVISION TO A POINT ON A CURVE THAT IS 16.00
FEET SOJTH OF AND CONCENTRIC 70 THE NORTHERLY LINE OF LOT 27 IN N. J. 8R014fV 5 SUBDIVISION OF
LOT 7, COUNTY CLERKS DIVISION OF SECTION 19, TOWNSHIP AND RANGE AFORESAID, RECORDED JULY 31,
1911 AS DOCUMENT HOER 4802934, THENCE NORTIEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS
OF 3504.64 FEET HAVING A CHORD BEARING AND DISTANCE OF NORTH 73 DEGREES 45 MINUTES 07 SECONDS
EAST 205.47 FEET AUNG SAID LINE 16.00 FEET SOUTH OF itiAID CONCENTRIC TO THE NORTH LINE OF LOT 27
IN N. J. BROW'S SUBDIVISION, 70 .4 POINT OF TANGENCY; THEME NORTHEASTERLY ALONG A LINE 16.00
FEET SOUTH OF PARALLEL WITH 7715 SAID NORTH LINE OF LOT 27 AND 28 IN N. J. BROWN ' 5 SUBDIVISION,
70 .4 POINT 60.00 FEET WEST OF AS MEASURED A 7" RIGHT ANGLES TO THE HEST LINE OF CONSTANT SPRINGS
ADDITION TO THE VILLAGE' OF LEMINT, COUNTY OF COOK, STATE OF ILLINOIS, BEING A SLED( VISION OF
THAT PART OF 7715 WEST 550 FEET OF LOTS 7 AND 8 COUNTY CLERKS DIVISION OF UNSUBOIVIDED LANDS IIV
5E0T10N 20, TOWNSHIP AND RANGE. AFORESAID, RECORDED APRIL I, 1912 AS DOCUMENT' NUtEIER 4938728;
THENCE SOUTH 00 DEGREES 30 MINUTES 02 SECONDS WEST 173.79 FEET, ALONG A LINE 60.00 FEET NEST OF
AND PARALLEL WITH THE SAID WEST LINE OF CONSTANT SPRINGS, TO THE SOUTH LINE OF AMIN STREET
EXTENDED SOUTHWESTERLY; THENCE NORTH 77 DEGREES 36 MINUTES 26 SECONDS EAST 618.71 FEET, ALONG
THE SOUTH LINE OF MAIN STREET AND MAIN STREET EXTENDED SOUTHWESTERLY, TO THE EAST LINE OE THE
14EST 550 PEST OF LOTS 7 AND 8 IN COUNTY CLERKS DIVISION OF 550710N 20; ThIEN05 satim 00 DEGREES
56 MINUTES 53 SECONDS EAST ALONG THE SAID EAST LINE OF THE WEST 550.00 FEET OF LOTS 7 AND 8 IN
COUNTY CLERK'S DIVISIONS OF SECTION 20.4 DISTANCE OF 201.32 FEET TO ,4 POINT 55.00 FEET NORTH OF
THE CENTER LINE OF DIVISION STREET, W19/CH IS THE NORTHEAST CORNER OF THE PROPERTY CONVEYED TO
THE LEAt7NT AirrHoolsr OYURCH PER DOCUMENT Nat9ER 19947782; THENCE SOUTH 52 DEGREES 14 MINUTES 07
SECONDS WEST 184.55 FEET, ALONG THE NORTHERLY LINE' OF SAID CHURCH PROPERTY; THENCE saurH 45
DEGREES 18 MINUTES 00 SECONDS WEST 240.00 FEET, ALONG THE NORTHERLY LINE OF SAID CHURCH
PROPERTY; THE/.CE SOUTH 68 DEGREES 18 MINUTES 00 SECONDS WEST 226.50 FEET, ALONG THE NORTIERLY
LINE OF SAID CHURCH PROPERTY,- THENCE SCVITH 37 DEGREES 72 MINUTES 00 SECONDS EAST 262.00 FEET,
ALONG THE WESTERLY LINE 0 SAID OVURCH PROPERTY; THENCE NORTH 88 DEGREES 48 +MINUTES 00 SECONDS
EAST A DISTANCE OF 60.00 FEET ALONG THE SOUTH LINE OF SAID CHURCH PROPERTY, TO THE NORTHWEST
CORNER OF ME LAND CONVEYED BY WARRANTY DEED RECORDED AS DOCU1ENT NUI4BER 2936622; THENCE SOUTH
00 DEGREES' 54 MINUTES 14 SECONDS EAST ALONG THE' EAST LINE OF SAID WARRANTY DEED AND THE
SOUTHERLY EXTENSION THEREOF ,4 DISTANCE OF 132.00 P557 TO THE SOU771WEST CORNER OF SAID LAND
CONVEYED BY txxatENT MAVER 2936622 ALSO BEING A POINT ON THE NORTH LINE OF LOGAN STREET
EXTENDED ilESTERLY; THENCE SOUM 88 DEGREE'S 48 MINUTES 00 SECONDS WEST 124.54 FEET, ALOAIG SAID
NORTH LINE OF LOGAN STREET EXTENDED WESTERLY; THENCE SOUTH 09 DEGREES 22 MINUTES 42 SECONDS
14E5T A DISTANCE OF 418.14 FEET 70 14 POINT IN THE NORTH LINE' OF TIMBERLINE I EXTENDED EASTERLY,
10,00 FEET EASTERLY OF, AS MEASURED ALONG THE SAID NORTH LINE OF THE POINT OF BEGINNING; THENCE
sourH 89 DEGREES 21 MINUTES 22 SECONDS WEST A DISTANC,E OF 10.00 FEET, ALONG 7715 SAID NORTH LINE
OF TIA6ERLINE / EXTENDED EASTERLY, TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS
Exhibit A
PARCEL 7:
THAT PART OF LOT 28 OF COUNTY CLERKS DI VISION OF SECT ION 29, TEMIVSH/P 37 NORTH., RANGE 11 EAST
OF THE THIRD PR I NC I PAL. MER ID I AN, RECORDED APR I L. 30 , 1880 AS OCOMEIVT 0.1R 269439, DESCRIBED
AS FOLLMS
COMVENC I NG AT A P01 NT ON THE WESTERLY L INE OF THE NORTHAEST 1/4 OF SAID SECT ION 1 , 570 . 00 FEET
NORTH OF THE YES T 1/4 CORNER OF 54 10 SECT ION 29 FOR THE IV I NT OF BEG I AIN I NG, 14H I CH /5 ALSO THE
INTERSECTION OF THE EAST 1/4 L INE OF THE MJRTHEAST 1/4 OF SECT ION 30 AND THE AIORTH L /715 OF
T I MBERL I NE I , BE I NG ,4 Rapti/151ov or PARTS OF LOTS 7 , 2 AND 3 OF COUNTY CLERKS ptvIst ay OF
5507 /071 30 AA.0 PART OF LOTS 27 AND 28 OF COUNTY CLERKS DI VISION OF SECT ION 29, TOONSH IP AND
RANGE AFORESA ID, RECORDED APRIL 5, 1979 AS DOCUMENT MAWR 24908074 ; THENCE AORTH 89 DEGREES 21
MI NUTES 22 SECONDS 5457 10 , 00 FEET ALONG THE 54 /0 NORTH LINE OF SOUTHERLY 1570 FEET OF LOT 2 OF
SA I 0 SUBD I V/5 /ON EXTENDED EASTERLY; THENCE NORTH 09 DEGREES 22 MINUTES 42 SECONDS EAST A
D I STANCE OF 418. 14 FEET TO THE NORTHERLY L NE OF LOGAN STREET EXTENDED WESTERLY ; THENCE NORTH
88 DEGREES 48 Al I NI.1755 00 SECONDS EAST A DI STANC'E OF 124 . 00 FEET ALONG THE 54 (0 NORTHERLY LINE
OF LGk4N STREET EXTENDED WESTERL Y , TO A CHA IN LINK FENCE, THENCE SOUTH 00 DEGREES ,50 MINUTES 11
SECONDS HEST 43. 10 FEET , ALONG SA ID FENCE ; THENCE sourH 08 DEGREES 12 MINUTES 34 SECCWDS WEST
135, 16 FEET. ALONG SAID FENCE; THENCE SOUTH 28 DEGREES 38 41/ NOTES 41 SECONDS WEST 67.26 FEET,
ALONG 34 /0 FENCE; THENCE SOUTH 45 DEGREES 28 Al I NUTES 59 SECOADS WEST 17. 94 FEET, ALONG 54 /0
FENCE; THENCE sourN. 03 DEGREES 02 41/ NOTES 09 SECONDS WEST 13. 50 FEET , ALONG 54 /0 FENCE; THENCE
SOUTH 02 DEGREES 48 M NOTES 29 SECONX EAST 60.99 FEET, ALONG 54 /0 FENCE, TO A POI NT OF CURVE
ON THE NORTHERLY L /NE OF LOGAN STREET AS DEO !GATED IN 54 /0 rtheERLINE I ; THENCE SOUTHWESTERLY
ALONG THE IVORTHAESTERLY L I NE OF 54 /1) LCGAN STREET .45 DEDICATED AFORESAID ALONG A CURVE TO THE
111-0717 GHT WI TH A RADIUS OF 240 . 62 FEET , HAVING A CHORD BEAR I NG AND /STANCE OF SOUTH 49 DEGREES 29
MI MITES 09 SECONDS l'YEST 183.78 FEET , TO 5410 0714 /71 LINK FENCE, 4H/CH /5 THE WEST L /715 OF 5.4 /0
LOT 28 ; THENCE NORTH ALONG THE EA57 L I NE OF OUT LOT '0 /71 54 10 TIM:ERG I NE I SUBD I VISION 25, 39
FEET , TO THE PO I NT OF BEG INNI NG, ALL /N COOK MINTY , ILL I NO1 S
PARCEL 8:
THE NORTH 158 FEET (EXCEPT THE SWTH 70 FEET THEREOF-) OF 7/15 KEST 208 FEET IN LOT 7 (EXCEPT
THAT PART OF THE WEST 208 FEET OF LOT 1 IN COUNTY CLERK'S DIVISION OF SECT I ON 30, TOWNSHIP 37
IVORTH, RANGE 11 5.457 OF THE TH I RD PR I NC I PAL MER ID I AN, LY AV NORTHERLY OF A L I NE DESCR I 8E0 AS
BEG I NN I NG AT A P0/NT CW THE WEST I. I NE OF SA ID 1.07 1 DISTANT 7.4 FEET SOUTHERLY FROM THE
IVORTMEST CORNER OF 54 /0 LOT t AND RUNN I AV THENCE EASTERLY 70 A PO/NT ON THE EAST L NE OF THE
WEST 208 FEET OF SA I D LOT 1, DISTANT 8.24 FEET SOUTHERLY FROM THE NORTH LINE OF SA ID LOT 1 ) , 171
COUNTY CLERK'S DI VIS ION OF SECT 10N JO, TOWNSHIP 37 NORTH, RANGE 11 , EAST OF THE TH I RD PR I NC I PAL
ACRID I AN, IN COOK COUNTY, ILL IMO, S
PARCEL 9:
THE scum? 70 FEET OF THE NORTH 158 FEET OF THE WEST 208 FEET OF 1.0T 1 IV COUNTY CLERK' S
D/ VISION OF SECT I ON 30, TLMNSH IP 37 NORTH, RANGE 11 EAST OF THE TH I RD PR I NCI PAL MIER 101 AN, IN
COOK COUNTY, I LL I NO I 5
PARCEL 10.' LOT 70, BLOCK 2 OF CONSTANT SPRINGS ADD I T ION NOT TO BE INCLUDED
AMBIT LANG SURVEYING
P. 0. lion 42
P.nsseti, Wisconsin 53101
Licersan ProloSo,onoli in
both nlinoiS &W;cronyin
it
Exhibit B
PLAT OF ANNEXATION
TO THE VILLAGE OF LEMONT
OF
PHONE: 202 - 537 -4874
FAX: 280 -537 -4201
DAL: o,obit&ids.nol
PARCEL 1: The North 155 feet (EXCEPT the South 70 feet thereof ) of the West 206 feel i,, 1.09 1 (EXCEPT that part of the west 208 feet of Lot
1 In CYX/NTY CLERK'S DIVISION 0- SECTION J0, TOWNSHIP J7 Amni, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, lying northerly of a line
described as beginning of o point on the writ line of sold Lot f distant 7.4 feet southerly from the northwest corner of said Lot 1, and
running thence easterly to a point on the east line of the west 208 feet of sold Lot 1, distant 6.24 feel southerly !ran the north line of
said Lot I), in THE CYXM7Y CLERK'S DIVISION OF SECTIAV 30, TOWNSHIP J7 NORTH, RANGE 11 EAST OF THE TH /05 PRINCIPAL MERIDIAN, IN caw CCUAVTY,
ILLINOIS.
Penn:men! Roo/ Estate Index Nu/Ser: 22-J0- 202 -(X)5 -0000
PARCEL 2: The South 70 feet of the North 158 feet of the West 208 feet of Lot 1 in COUNTY CLERK'S DIVISION 07 SECTION 30, T(ZSNSlf1P 37
449/07 II EAST OF THE TH/RO PRINCIPAL MERIDIAN, IN CYa'Y: C0CWTY, ILLINOIS.
Permanent Real Estate Index Narber: 22 -30- 202 - 086-0000
1999 L egat description per Limited Warranty Oeed, Docvrent Nudger 99176942, recorded in the office of the Cook County Recorder on February 2J,
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PARCEL 1
'rii c34NT i �T
16, 885.2 S0. FT.
'CAL 4'574 7 JKv". 49EEF: 22 -:30.
00'55.
ASiAiE ., 205.07'
PARCEL 2
VACANT 501
14, 559.7 S(1. FT.
F±TA8S4NEN7 8E41 (554Il %A6JEX 0'/021577: 22 -,X,- 202 - 008 -0080
6
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\ \ '`;_._�. \ \ \ \ \ \ \ \ \,5555 \\ \ \ \
Firif
PRES:DEti1 00) b62010 OF TRUSTC19 9015:. £ER
91001.0: ELLIl.9t5 S.
UNiN1Y its'
APPROVED 4710 ACCEPTED BY THE ?RESIDENT AND WARD OF TRUSTEES OF THE VILLAGE OF 1E,
CCOX. WILL AND /A0ACF CO014TIES. (.1:721(9. AT 3 0051.I£ 7.11111#2 HELD.
1HT5 -__- DAY OF A.D. 20'2.
BY:
PRESIDENT
0 S
5/00707 OF 01.71784/
- -- EXISTING CORPORATE. 1I MI TS
OF THE VILLAGE OF 2.E11001
90051.YOB'S 1.1RT11.;50
' MARE 0 P011710(0. AN 11110919 "Eff1S:O #AE I.41.0 908 9581.8, 09 1501.00
CEP:IFY THAT 141;, PLAT 71 T:(0'Eit: DRAWN IS A CORRECT R.. TATICAI Or'
":N:. PROPERTY UE'S:' 10 IN 'IRE FOREGOING (1.PTIC0.
FURTHERMORE, 1 DESIGNATE TF:E VILLAGE OF LEi/£40 TO ACT AS 077 AGENT FOR
THE PURPOSES 0:T PI:EO.01103 ?1:1.- DXYAIEN?.
DATED IN:9 1719 7/p. 0T FebruOry
BY_...._...._........._ ............................... .....................(......:..
Al IF.:. 10115 PRO: ES:ONA' iA1L)
V ILIAGE :A 0
LICENSE 0)...._77(5. 7'2 .. ...................._..........
CLD, 1 inch JO fee.:
ORDERED BY•A. Daranrkis /2it(ooso of
JOB RD. 11119
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Exhibit C
CERTIFICATES FOR TIMBERLINE KNOLLS_ PUD
Owner's Certification
STATE OF 1L1.1fp /5
COMITY OF CODie 9}
SS
1, do hereby certify
that 1 ao the agent for the owners of the property described
in the caption to the plat hereon drown and as such agent, 1
have caused said property to be surveyed as hereon shown,
as try own free and voluntary act and deed.
1 hereby dedicate for public use the lands shown on this
plat, Including but not timlted to, throughfares, streets,
alleys, walkways and public services.
1, further certify that there are no unpoid deferred
installments of outstanding unpaid special assessments
affecting the lend described and shown on (hie planed
development plat or, If any of said installments are not
paid, then such installments have boon divided in accordance
with the planned development and approved by the court
which confirmed the special ossesoment and the proper
collector of any such special dssessrent hos so certified
sock division on the face of this subdivision plat.
Doted this ._..____. day of__
Oanors agent:
Owners Notary Cori i))ficote
STATE CF IL/11001S
CO,.NTY OF CO:if
SS
1, a Notary Public in end for
said County, in the State aforesaid,
do hereby certify hat
respectively, the agent for LEAKY1T hCEDfNLS, LIG.
personally known tame to be the sere persons whose norms
are subscribed to the foregoing instrument as agent for the
owners, as such, respecfivoty, appeared before me this day
in person and acknowledged that they signed the said
instrument as the free and voluntary act for the uses and
purposes set forth.
Given under my hood and Notarial Soot:
This day of 20
Sy•
School District Certificate
STATE OF ILLINOIS )
cnuvrr Or COOK )} ss
This is to certify that to the best of my knowledge, I the
undersigned as agent of the property, which wit/ be known as
Timberline Knolls la located within the boundaries of
Elementary School District: WA
Nigh School District 210 •
Junior College District: 525
in Cook County, Illinois.
Ooted this day of
President & Board of Trustees Certificate
STATE Or ILLINOIS
MINTY O COCK
Approved and accepted by the President and Board of
Trustees of the Village of Lamont, Cook County, Illinois of
a Public dket/ng held:
This day of 20_.
By.
Attest'
Orion K. Roaves-Presidant
Charlene SMollen- Village Clerk
Village treasurers Certificate
STAT£ OF ILL lhg /5 )
)} SS'
COUNTY' OF cow
1, Jean Nona, Village Treasurer of the Village of Lemont,
Cook, Will, and OuPa a Count /es, Illinois, do hereby certify
that there are no delinquent or unpaid current or forfeited
special assessments, or any deferred /nstolinents of any
outstanding unpaid special assessments which hove not been
divided in accordance with the proposed subdivision and
duly roved by the court that ranfirmed the special
assessment.
Dated at Lemont, Cook County, Illinois, this doy of
20 .
875
Jean None - Village Treasurer
Sarface Otter Drainage Certificote
spur OF WIND/5
COUNTY OF opnv )}
SS
To the best of our knowledge and belief, the drainage of
surface waters wilt not be changed by the construction of
such planned development or any part thereof, or that if
such surface water drainage will be changed, reasonable
provision hoe been undo for collection and diversion of such
surface waters Into public areas or drains which the
subdivider has a right to use, and that such surface waters
will be planned for in accordance with generally accepted
engineering practices so as to reduce the likelihood of
daroge to the adjoining property because of the
construction of the planned development.
20 Dated this _..,_.,....... day of
By:
Agent
SHEET 2 OF 2 SHEETS
20...
Duty Authorized Attorney
a l!q!gx3