ORDINANCE                                           

Title

AN ORDINANCE AUTHORIZING THE EXECUTION

OF AN AMENDMENT TO AN ANNEXATION AGREEMENT

(PC 99-34:  665 West North Avenue; Heron Point)

(See also Ordinance Nos. ______________________________________)

Body

                                          WHEREAS, it is in the best interest of the Village of Lombard, DuPage County, Illinois that the Annexation Agreement made and entered into on September 3, 1998, between the Village of Lombard; West Suburban Bank as trustee under Trust Agreement dated June 1, 1997, and known as Trust No. 10611; and Samvest of Lombard Limited Partnership, be amended; and,

                                          WHEREAS, the Amendment to an Annexation Agreement (hereinafter the "Amendment") has been drafted and a copy is attached hereto and incorporated herein as Exhibit "A"; and,

                                          WHEREAS, the developer and the legal owners of the lots of record, which are the subject of said Amendment, are ready, willing and able to accept said Amendment; and,

                                          WHEREAS, the statutory procedures for the execution of said Amendment have been complied with; a hearing on said Agreement having been held, pursuant to proper notice, by the President and Board of Trustees on October 21, 1999.

                                          NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LOMBARD, DU PAGE COUNTY, ILLINOIS, as follows:

                                          SECTION 1:  That the Village President and Village Clerk be and hereby are authorized to sign and attest to the Amendment attached hereto and marked Exhibit "A".

                                          SECTION 2:  That this ordinance is limited and restricted to the property generally located at 645 and 665 West North Avenue, Lombard, Illinois and legally described as follows:

Lots 27, 30, 31 & 32, also that part of Lots 24, 25, 26, 28 & 33, also that part of the vacated streets (Kenmore Street & Valley View Drive) being in Milton Township Supervisors Assessment Plat No. 8 being a subdivision of that part of the half of Section 1, Township 39 North, Range 10 East of the Third Principal Meridian, also Lot 18 in the Subdivision of Selby Hoyle Farm Unit Number One, being part of the northeast quarter of Section 1, Township 39 North, Range 10 East of the Third Principal Meridian; bounded and described as follows:  Beginning at the southeast corner of said Lot 18; thence south 87 degrees 35 minutes 45 seconds west along the south line of said Lot 18, 399.66 feet; thence north 00 degrees 39 minutes 21 seconds east along the west line of said Lot 18, 97.28 feet; thence south 87 degrees 35 minutes 45 seconds west along the south line of said Lots 30, 31, 32 & 33, 675.38 feet; thence north 02 degrees 24 minutes 15 seconds west along the west line of said Lot 33 also being the easterly right of way line of Interstate 355, 143.64 feet; thence north 23 degrees 51 minutes 43 seconds east along easterly line of Interstate 355, 247.32 feet; thence north 02 degrees 24 minutes 15 seconds west along said easterly line, 33.00 feet; thence south 87 degrees 30 minutes 53 seconds west along said easterly line, 12.34 feet; thence north 02 degrees 07 minutes 18 seconds west along said easterly line 109.14 feet; thence north 24 degrees 13 minutes 22 seconds east along said easterly line, 363.63 feet; thence north 78 degrees 33 minutes 50 seconds east along said easterly line, 78.33 feet to a point on the south right of way line of North Avenue (Illinois Route 64); thence north 87 degrees 26 minutes 52 seconds east along said south right of way line, 518.65 feet; thence south 02 degrees 31 minutes 06 seconds east, 336.80 feet; thence south 87 degrees 34 minutes 50 seconds west, 100.00 feet to a point on the east line of said Lot 27; thence south 02 degrees 31 minutes 06 seconds east along the east line of said Lots 27 & 30, 510.10 feet to a point on the north line of said Lot 18; thence north 87 degrees 35 minutes 45 seconds east along the north line of said Lot 18, 316.83 feet to a point on the westerly right of way line of Rohwling Road, thence south 00 degrees 39 minutes 21 seconds west along said westerly right of way line, 97.28 feet to the point of beginning, all in DuPage County, Illinois.

PIN Numbers:  05-01-202-018 and 05-01-202-011

                                          SECTION 3:  That this ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law.

Passed on first reading this ______ day of ______________, 1999.

First reading waived by action of the Board of Trustees this _____ day of _________, 1999.

Passed on second reading this____day of ________________, 1999.

Ayes:_______________________________________________________________

Nayes:_______________________________________________________________

Absent:_______________________________________________________________

Approved this _______, day of _____________________, 1999.

                                                                                                         _______________________________

                                                                                                         William J. Mueller, Village President

ATTEST:

Lorraine G. Gerhardt, Village Clerk

h:\cdevapps\worduser\pccases\99\99-34\ord - aa amend.doc

Ordinance No. _______

Re:  PC 99-34

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