O-46-23 Authorizing the Execution of an Amendment to an Annexation Agreement for an Approximately 8.7 Acre Parcel at the Southwest Corner of the Intersection of McCarthy Road and Bell Road in Lemont, ILgnu
TO: Village Board Meeting
FROM: Jason Berry, Community Development
THROUGH: George Schafer, Village Administrator.
SUBJECT: An Ordinance Authorizing the Execution of an Amendment to an
Annexation Agreement for an Approximately 8.7 Acre Parcel at the
Southwest Corner of the Intersection of McCarthy Road and Bell Road in
Lemont, IL
DATE: October 23, 2023
SUMMARY/BACKGROUND
The proposed Sun Hill Plaza multi -building commercial development, represented by R/J
Rymeck Co., applied for a preliminary planned unit development (PUD), which was heard by
the Planning and Zoning Commission (PZC) at their regular meeting on September 6, 2023,
after initially being tabled at the June 14, 2023 meeting.
Following the Committee of the Whole (COW), staff has recommended amending the
annexation agreement for the southwest corner of McCarthy and Bell Roads in lieu of
preliminary PUD approval. The annexation agreement, first approved in 2011, would be
amended to include the concepts for the 8.7 acre site that were seen at the PZC and COW.
ANALYSIS
Consistency with Village Policy
Lemont 2030 Comprehensive Plan
STAFF RECOMMENDATION
Approve the Ordinance.
BOARD ACTION REQUESTED
Motion to Approve the Ordinance.
ATTACHMENTS
An Ordinance Authorizing the Execution of an Amendment to an Annexation Agreement for an
Approximately 8.7 Acre Parcel at the Southwest Corner of the Intersection of McCarthy Road
and Bell Road in Lemont, IL
FIRST AMENDMENT TO THE. ANNEXATION AGREEMENT FOR 8.7-ACRES LOCATED AT
THE SOUTHWEST CORNER OF THE INTERSECTION OF McCARTHY ROAD AND BELL
ROAD IN LEMONT, ILLINOIS
VILLAGE OF LEMONT
ORDINANCE
NUMBER O-A-23
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
AMENDMENT TO AN ANNEXATION AGREEMENT FOR AN
APPROXIMATELY 8.7 ACRE PARCEL AT THE
SOUTHWEST CORNER OF THE INTERSECTION OF
MCCARTHY ROAD AND BELL ROAD IN LEMONT, ILLINOIS
JOHN EGOFSKE, Village President
CHARLENE M. SMOLLEN, Clerk
JANELLE KITTRIDGE
DAVE MAHER
KEN MCCLAFFERTY
KEVIN SHAUGHNESSY
RICK SNIEGOWSKI
RONSTAPLETON
Trustees
Published in pamphlet form by authority of the Village President and Board of Trustees of the Village of Lemont on 10-23-2023
ORDINANCE NO. 0-_ &--23
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
AMENDMENT TO AN ANNEXATION AGREEMENT
FOR AN APPROXIMATELY 8.7 ACRE PARCEL, AT THE
SOUTHWEST CORNER OF THE INTERSECTION OF
MCCARTHY ROAD AND BELL ROAD IN LEMONT, ILLINOIS
WHEREAS, the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, ("the
Village") is a municipality in the state of Illinois with full powers to enact ordinances and adopt
resolutions for the benefit of the residents of the Village; and
WHEREAS, the President and Board of Trustees of the Village of Lemont (the
"Corporate Authorities") may from time to time amend the text of the Village Code when it is
determined to be in the best interests of the residents of the Village; and
WHEREAS, on February 14, 2011 the Village adopted Ordinance 0-11-11 approving an
annexation agreement providing for the annexation of the territory ("Territory") described in the
said annexation agreement; and
WHEREAS, Andy Tsamis represented by Richard Rymek from R/J Remek Company
("Tsamis") is in the process of acquiring the Territory; and
WHEREAS, as a condition of acquiring the Territory Tsamis has requested the Village
to enter into a first amendment to the annexation agreement; and
WHEREAS, the President and Board of Trustees have determined that the requested
amendment will promote the economic vitality of the Village and thereby serve the public
interest.
2
NOW THEREFORE, be it ordained by the President and Board of Trustees of the
Village of Lemont, Cook, DuPage and Will County, Illinois as follows:
SECTION 1: That the above recitals and legislative findings are found to be hue and
correct and are hereby incorporated herein and made a part hereof as if fully set forth in their
entirety.
SECTION 2: The first amendment to the annexation agreement attached hereto as
Exhibit A is hereby approved subject to such amendments as may be approved by the Village
Administrator.
SECTION 3: The Village President and Village Clerk are authorized to execute the first
amendment on behalf of the Village
SECTION 4: If any section, paragraph, clause or provision of this ordinance shall be
held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance.
SECTION 5: All ordinances in conflict herewith are hereby repealed to the extent of
such conflict.
SECTION 6: This ordinance shall be in full force and effect from and after its passage,
approval and publication as provided by law.
(Intentionally Left Blank)
3
ADOPTED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS,
ON THIS 23RD DAY OF OCTOBER 2023.
PRESIDENT AND VILLAGE BOARD MEMBERS:
AYES: NAYS: ABSENT: ABSTAIN:
Janelle Kittridge
y%
Dave Maher
V"I
Ken
McClafferty
t/
Kevin
1/
Shaughnessy
1�
Rick Sniegowski
Ron Stapleton
Attest.•
Y � �
Charlene M. Smollen Villa
g Clerk
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11
John Egofske, Village President
MCCARTHY ROAD AND BELL ROAD IN LEMONY ILL1NOlISN OF
THIS FIRST AMENDMENT TO THE ANNEXATION AGREEMENT FOR 8.7-
ACRES LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF
MCCARTHY ROAD AND BELL ROAD IN LEMONT, ILLINOIS (Preferred Development)
("FIRST AMENDMENT'), is made and entered into this
tween
the Village of Lemont, a municipal corporation of the Counties of Cook, Dday Of � and Wi2023, ll, in the
State of Illinois (hereinafter referred to as (the "VILLAGE"),' and Andy Tsamis, represented by
Richard Rymek from R/J Rymek Co. (hereinafter referred to as "OWNER/DEVELOPER"). The
VILLAGE and OWNER/DEVELOPER are hereinafter sometimes referred to individually as a
"PARTY" and collectively as the "PARTIES;" and
WHEREAS, OWNER/DEVELOPER is the owner of the real estate (hereinafter referred
to as the "TERRITORY' ), the legal description of which is attached hereto as Exhibit A and by
this reference made a part hereof, and
WHEREAS, the TERRITORY was previously annexed and identified as the
TERRITORY pursuant to a certain Annexation Agreement dated February 14, 2011 for former
owner "Preferred Development", as Ordinance No. 0-11-11 recorded in Cook County on March
1, 2011, as Document No. 1106022068 (hereinafter referred to as (the "AGREEMENT'); and
WHEREAS, the VILLAGE AND OWNER/DEVELOPER are desirous of amending
said AGREEMENT to include `Conceptual Plan' documents as provided for herein; and
WHEREAS, a public hearing was held at the Planning & Zoning Commission meeting
on September 6, 2023 to discuss the preliminary `Conceptual Plan' documents, at the time
Proposed as a Preliminary Planned Unit Development, and a subsequent public meeting was held
at the Committee of the Whole meeting comprised of the Mayor and Village Trustees on
September 18, 2023; and
WHEREAS, the Planning & Zoning Commission voted (5-0) with conditions unable to
be met at this time, to recommend approval of the preliminary plans and the Mayor and Village
Trustees are receptive to providing a type of `Conceptual Plan' approval solidifying direction for
the OWNER/DEVELOPER; and
WHEREAS, pursuant to the provisions of the Illinois Municipal Code (65ILCS 5/1)
et-seq.), the corporate authorities of the VILLAGE have taken all steps legally required, including,
but not necessarily limited to, providing notice and a public hearing for the proposed
AMENDMENT to the AGREEMENT;
WHEREAS, the VILLAGE acknowledges the complex and costly development review
Process for the OWNER/DEVELOPER to achieve the desired development in `Conceptual Plan'
documents prior to obtaining purchasers and lessees; and
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
hereinafter contained, the Parties agree as follows:
SECTION 1: Incor oration of Recitals. The foregoing findings and recitals are hereby
adopted as Section 1 of this FIRST AMENDMENT and are incorporated by reference as if set
forth verbatim herein.
SECTION 2: Amendments. The AGREEMENT is hereby amended as follows:
1. Article I, "Definitions": For purposes of this AMENDMENT "Conceptual Plan" means
document(s) submitted to the VILLAGE demonstrating the OWNER/DEVELOPER'S Proposed
development of the TERRITORY, p
2. Article III, "Zoning And Land Use Restrictions": The following paragraphs and
documents shall be added to include the following language addressing the Parties desired
"Conceptual Plan" for the TERRITORY
Preliminary Concept Plan by Advantage Consulting Engineers dated _
attached hereto as Exhibit B demonstrating conceptual building placement,
drive aisles, lot lines, stormwater areas and amenities; and
Conceptual Perspective Renderings by Linden Group Architects dated
attached hereto as Exhibit C.
The `Conceptual Plan' documents included in this AMENDMENT do not constitute
approval from the Village of Lemont or any other entity, but rather an endorsement of desirable
commercial development form that shall proceed with entitlement adhering to the Village's
Unified Development Ordinance (UDO) and all other codes and ordinances within the Village
and appropriate jurisdictions, including but not limited to Cook County Department of
Transportation (CCDOT), Metropolitan Water Reclamation Department (MWRD) and Illinois
Department of Transportation (IDOT).
Except as otherwise provided for in the AGREEMENT, this AMENDMENT and as
conceptually depicted on the documents attached hereto as Exhibit B and Exhibit C, the
TERRITORY shall be developed pursuant to the terms and provisions of the Unified
Development Ordinance, Building Code, and all applicable statues, ordinances, rules
regulations, and laws of the VILLAGE shall remain applicable and in full force and effect
during the term of this AGREEMENT.
Article XII, "Notices", shall be amended as follows:
For the OWNER/DEVELOPER:
Andy Tsamis
11958 Ginger Creek Lane
Mokena, Illinois 60448
With a copy to:
R/J Rymek Co.
16W475 Frontage Road
Burr Ridge, Illinois 60527
4. Article XXII, "Warranties and Representations", shall be replaced in its entirety with
the following text:
The OWNER/DEVELOPER represents and warrants to the VILLAGE as follows:
That the OWNER/DEVELOPER identified on Page 1 hereof is the owner of the
TERRITORY as legal title holder; and
That the OWNER/DEVELOPER proposes to develop the TERRITORY in a manner
contemplated under this AGREEMENT and AMENDMENT; and
That other than the OWNER/DEVELOPER, no other entity or person has any interest
in the TERRITORY or its 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.
This AMENDMENT shall run with the land and, as such, shall be binding upon subsequent
owners of the TERRITORY.
5. Unless amended by the terms of this AMENDMENT, the terms, conditions and
agreements set forth in the AGREEMENT shall continue in full force and effect. Ifanypertinent
existing resolutions or ordinances, or interpretations thereof, of the VILLAGE are inconsistent or
in conflict with any provision hereof, then the provisions of thiAMENDMENT d the
ordinances passed pursuant hereto shall constitute lawful and binding amendments to, and shall s an
supersede the terms of, said inconsistent ordinances or resolutions, or interpretations thereof, as
they may relate to the TERRITORY.
IN WITNESS WHEREOF, the Parties have caused this FIRST AMENDMENT to be executed on
the day and year first above written.
NOTARY CERTIFICATES
STATE OF ILLINOIS)
,,�/j )SS
COUNTY OF &l)
I, the undersigned, a Notary Public, in and for the County and Sate aforesaid, DO HEREBY CERTIFY
that E personally known to me to be the President of the Village of Lemont, and
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 o 20
My commission expires onWW1 20
JANET S. FISHER-SCHATZ
of ry Public OFFICIAL SEAL
Notary Public - State of Illinois .
My Commission Expires Mar 02, 2026 "
STATE OF )
) SS
COUNTY OF )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY
CERTIFY that the above -named , personally me
to be the same persons whose name is subscribed to the foregoing instrument appeared before mewn othis
day in person and acknowledged that he/she signed and delivered the said instrument as his/her 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
VILLAGE OF LEMONT,
an Illinois Municipal Corporation
By:
V' ge President
ATTEST:
Village Clerk
OWNER/DEVELOPER:
ANDY TSAMIS
By: _
Its:
0 F C F
6VAL
/ZLIN00
STATE OF )
SS
COUNTY OFt)io—V_j
I, the undersigned, a Notary Public i and for the County and State aforesaid, DO HEREBY
CERTIFY that the above -named 66L jM 1 S ._,personally known tome
to be the same persons whose name is subs ibed to the foregoing instrument appeared before me this
day in person and acknowledged that he/she signed and delivered the said instrument as his/her own
free and voluntary act for the uses and purposes therein set forth.
GIVEN under my hand and official seal, this 'N s ay of at_eX20
My commission expires on )i - —1 , 20 a-.
Notary Public
OFFICIAL SEAL
MARSHA L. HUSA
Notary Public - State of Illinois
My Commission Expires 3/07/2027
EXHIBIT A
LEGAL DESCRIPTION
A TRACT OF LAND IN THE NORTH 1/2 OF THE EAST 1/2 (EXCEPT THE WEST 250.00 FEET
THEREOF) OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 37 NORTH RANGE 11
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. BOUNDED AND
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 26, 796.00 FEET EAST OF THE WEST LINE OF THE WEST
LINE OF THE EAST 1/2 OF SAID SECTION 26; THENCE SOUTH ALONG A LINE THAT IS
PARALLEL* WITH THE SAID WEST LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID
SECTION 26 AND 746.00 FEET EAST OF THE WEST LINE OF SAID EAST 1/2 OF THE
SOUTHEAST 1/4 OF* SAID SECTION 26; THENCE SOUTH ALONG A LINE PARALLEL WITH
THE WEST LINE OF THE EAST 1/2 OF* THE SOUTHEAST 1/4 OF SAID SECTION 26, A
DISTANCE OF 276.00 FEET; THENCE WEST ALONG A LINE PARALLEL TO THE SOUTHEAST
TO THE NORTHWEST CORNER OF SUNHILL SUBDIVISION UNIT #1 AS RECORDED APRIL 8,
1981, AS DOCUMENT NO. 25833414 IN COOK COUNTY, ILLINOIS. THENCE EAST ALONG
THE NORTH LINE OF SUNHILL SUBDIVISION UNIT #l, A DISTANCE OF 500.00 FEET TO THE
EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 26; THENCE NORTH ALONG SAID
EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 26. A DISTANCE OF 710.86 FEET TO
THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 26, THENCE WEST
ALONG THE NORTH LINE OF THE SAID SOUTHEAST 1/4 OF SECTION 26, A DISTANCE OF
531.41 FEET TO THE PLACE OF BEGINNING.
PIN: 22-26401-032
COMMONLY KNOWN AS: 12300 South Bell Road, Lemont, Illinois 60439
EXHIBIT B
CONCEPTUAL SITE PLAN
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STATE OF ILLINOIS )
THE COUNTY OF COOK ) SS
VILLAGE OF LEMONT )
CERTIFICATION OF ORDINANCE
I, the undersigned, do hereby certify that I am the duly selected, qualified and acting Village Clerk of the Village
of Lemont, Cook, DuPage and Will Counties, Illinois (the "Municipality"), and as such official I am the keeper of the
records and files of the Municipality and of its President and Board of Trustees (the "Corporate Authorities" ).
i do further certify that the attached ordinance constitutes a full, true and complete excerpt from the proceedings of the
regular meeting of the Corporate Authorities held on the 23 day of October 2023, insofar as same relates to the adoption
of Ordinance No. 0-46-23 entitled:
ORDINANCE 0-46-23
ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AN ANNEXATION
AGREEMENT FOR AN APPROXIMATELY 8.7 ACRE PARCEL AT THE SOUTHWEST CORNER OF THE
INTERSECTION OF MCCARTHY ROAD AND BELL ROAD IN LEMONT, IL
a true, correct and complete copy of which ordinance as adopted at such meeting appears in the transcript of the minutes
of such meeting and is hereto attached. Such ordinance was adopted and approved on the date thereon set forth by not
less than a affirmative vote of a majority of the Corporate Authorities and approved by the Village President on the date
indicated thereon.
I do further certify that the deliberation of the Corporate Authorities on the adoption of the above ordinance were
taken openly, that the adoption of such ordinance was duly moved and seconded, that the vote on the adoption of such
ordinance was taken openly and was preceded by a public recital of the nature of the matter being considered and such
other information as would inform the public of the nature of the business being conducted, that such meeting was held at
a specified time and place convenient to the public, that the agenda for such meeting was duly and continuously posted on
the Municipality's website and at the office of Village Clerk at least 48 hours before the meeting, that notice of such
meeting was duly given to all to all of the news media requesting such notice, that such meeting was called and held in
strict compliance with the provisions of the open meeting laws of the State of Illinois, as amended, and the Illinois
Municipal Code, as amended, and that the Corporate Authorities have complied with all of the applicable provisions of
such laws and such Code and their procedural rules in the adoption of such ordinance.
IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the Village of Lemont, Illinois,
this 23 day of October 20
(S-A )
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—Ma&$�k �ky (lem
Village er I l