O-51-20 Annexing Property in Sec 7-1-9 of the IL Municipal Code (State St Water Tower)0-51-2b
� 418 Main Street j Lemont, fi_ 60439
TO:
Village Board Meeting
FROM:
George Schafer, Administration
THROUGH:
SUBJECT:
An Ordinance Annexing Certain Property in Accordance with Section 7-1-9
of the Illinois Municipal Code (State Street Water Tower)
DATE:
August 10, 2020
SUMMARYIBACKGROUND
The Village's strategic plan outlines key desired outcomes involving the creation of a unified,
consistent Village boundary. The outcome involves several initiatives including securing
boundary agreements and the evaluation of unincorporated territory eligible for annexation.
One component of this outcome and initiatives includes evaluating unincorporated pockets of
property completely surrounded by municipalities and the ability and desire for the Village to
annex those territories. The state constitution gives municipalities the ability to annex territory
with or without consent of the property owner if certain criteria are met, including being
completely surrounded by one more two municipalities and being under a certain size. During
periodic strategic plan status updates with the Village Board at public committee meetings,
these areas of potential annexation were discussed and recommendations on which ones
were made.
Annexing these pockets creates several advantages for the Village. A uniform and consistent
boundary increases service delivery efficiency by eliminating confusion on jurisdiction among
adjacent properties. Bringing in properties into Village jurisdiction also allows the Village to
utilize its tools for nuisance abatement should issues arise rather than relying on the county.
Annexing properties also ensures building permits and zoning entitlements are handled
through the Village rather than through the county.
Annexing property through these means requires notice to each property owner along with
notice in the newspaper, both of which have been completed. The few calls we have received
from property owners related to zoning and regulation. ' Based on Village code, properties
annexed without a rezoning will be given a default zoning of R-1, which is the Village's least
intense residential zoning district. While existing utilization of property will generally be
unaffected by the annexation, new construction will more than likely require a rezoning and/or
other review by the Village Board.
For consideration at the August 10th meeting there are five separate ordinances presented for
approval. It should be noted that there are other areas eligible for annexation, but those areas
will require further evaluation before action.
I III9 III III IIIII I�I�� �III� IIII IIIII I IIIII I�I II
ANALYSIS '212922 21717,7 Fr
nNSP FEE:$9.00 RRRf FEE: 'S1.06 . �AREN A. `IARBROUGFI
OOk COUNTY CLERK-...:. .N...:. ..
)ATE: 10,'19,'2021 02:37 PH PG: 0 �J
. ° t.
For this agenda item, the annexation is of property actually owned by the Village. it is the
state street water tower parcel that had been unincorporated.
Consistency with Village Policy
2018 Strategic Plan
STAFF RECOMMENDATION
Staff recommends approval of ordinance
BOAR® ACTION REQUESTED
Motion to Approve Ordinance
ATTACHMENTS
Annexation Ordinance State St Water Tower.pdf
2
VILLAGE OF LE+ MO1® T
AN ORDINANCESECTION 7imi Ir9 OF THE � INOIS MUNICIPAL C WITH
®DE ACCORDANCE
SEC
JOHN EGOIi SKE, Village President
CHARLENE M. SMOLLEN, Clerk
.IENELLE KITTRID GE
DAVE MAHER
RYAN KWASNESKI
KEN MCCLAFFERTY
RICK SNIEGOWSKI
RON STAPLETON
Trustees
�Publisbed in pamphlet form by authority of the Village.President and Board of Trustees of the Village of Lemont on August 10, 2020
3
ORDINANCE NO.O- 51 -20
AN ORDINANCE ANNEXING CERTAIN PROPERTY IN ACCORDANCE WITH
SECTION 7-1-9 OF THE ILLINOIS MUNICIPAL CODE
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, Section 7-1-9 of the Illinois Municipal Code, 65 ILCS 5/7-1-9, authorized a
municipality to annex territory that is contiguous, uninhabited, and unincorporated territory that is
owned by the municipality; and
WHEREAS, certain property located at 1143 State Street, Lemont, Illinois 60439, PIN 22-
29-402-005-000, more fully described in Exhibit A and C (the "Subject Properties") that is currently
located in unincorporated cook county, Illinois; and
WHEREAS, on August 10, 2020, the Village Board passed a motion to consider the
annexation of certain property described on Exhibit 1 to this Ordinance (the "Subject Properties")
pursuant to Section 7-1-9; and
WHEREAS, the Subject Property is contiguous to the Village, iminhabited and lies within
unincorporated Cook County; and
WHEREAS, he village owns the subject property; and
WHEREAS, the Village provided notice of contemplated annexation to the Cook County
Board of Commissioners by letter dated July 21, 2020, sent certified mail. Attached hereto as
Exhibit 4 is a copy of the Cook County Board of Commissioner's notice; and
WHEREAS, the Village Board has determined that annexation of the Subject Property is
reasonable and will promote the sound growth and development of the Village.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the
Village of Lemont, Counties of Cook, Will and DuPage, Illinois, as follows:
SECTION 1: RECITALS.
4
That the above recitals and legislative findings are found to be true and correct and are
hereby incorporated herein and made a part hereof as if fully set forth in their entirety.
SECTION 2: ANNEXA'TION
The Subject Property is hereby annexed to the Village of Lemont in accordance with
Section 7-1-9 of the Illinois Municipal Code.
SECTION 3: RECORDATION
Village staff is hereby authorized and directed to cause the certified copy of this Ordinance,
along with a Plat. of Annexation substantially in the form of Exhibit 5, attached hereto and made a
part hereof, to be recorded in the Office of the Cook County Recorder of Deeds.
SECTION 4: ADDITIONAL NOTICE
Additional notice of this annexation shall be provided to the Cook County Clerk and Cook
County election authorities.
SECTION 5: ZONING
Upon annexation, the Subject Property shall be and hereby is zoned in the R 1 Zoning
District.
SECTION 6: EFFECTIVE DATE
This Ordinance shall be in full force and effect upon its passage, approval and publication
as required by law.
Intentionally Left Blank
5
ADOPTED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, ON
THIS �_yDAY OF 2020.
PRESIDENT AND VILLAGE BOARD MEMBERS:
AYES: NAYS: ABSENT: ABSTAIN:
Jeneile Kittridge ✓
Ryan Kwasneski
Dave Maher
Ken McClafferty ✓
Rick Sniegowski
Ron Stapleton ✓
15;�
John Egofske, zllage Preside -
Attest:
Charlene M. Smollen, Village Clerk
F
w�
A
EXHIBIT I
Subject Properties
120
VA
PIN.
22-29-402-005-0000
A ddress -
1143 State Street
Lemont, Illinois 60439
Subiect PrORerties: Water Tower Annexation
p Tv-
v V 1i
EXHIBIT 2
Notice of Proposed Annexation to
Cook County Board of Commissioners
ODELSON
STERKLTD
ATTORNEYS AT LAW
MICHAEL B. STILLMAN
mstiUman@odelsonsEerk.com
July 21, 2020
VIA CERTIFIED MAIL
Cook County Board of Commissioners
I I a N. Clark Street, Suite 567
Chicago, Illinois 60602
3318 WEST 95TH STREET
EVERGREEN PARK, IL 60805
MAIN (708) 424-5678
FAX (708) 741-5053
OFFICES IN CHICAGO
DuPAGE AND WILL COUNTIES
www,odelsonsterk.com
RE: Notice of Proposed Amnexation to Cook Count-y Board of Commissioners
Dear Board of Commissioners:
Attached please find a Notice of Contemplated Annexation of certain property to the
Village of Lemont, pursuant to Section 7-1-13 of the Illinois Municipal Cade. The matter is
scheduled to be considered by. the Village Board at the Village Board Meeting on August 10, 2020.
If you have any questions please contact George Schafer, Village Administrator at 630-
243-2709 or gschafer-Calemont-il.us.
Respectfully submitted,
ODELSON & STERK, LTD.
Michael B. Stillman
10
NOTICE OF CONTEMPLATED A RATION
NOTICE IS HEREBY GIVEN in accordance with Section 7-1-13 ofthe Illinois Municipal
Code, the corporate authorities of the Village of Lemont are contemplating the annexation of the
following property:
PIN: 22-29-402-005-0000
Address: 1143 State Street, Lemont, Illinois 60439
BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAT QUARTER OF
SECTION 29, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, 332.44 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 29,
THENCE EASTERLY AT AN ANGLE OF 89 DEGREES 55 MINUTES, 210 FEET;
THENCE NORTHERLY, PARALLEL WITH THE WEST LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 29, 210 FEET; THENCE WESTERLY, PARALLEL
WITH THE SOUTH LINE OF THE PREMISES IN QUESTION 210 FEET TO THE
WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 29; THENCE
SOUTHERLY ALONG THE WEST LINE OF THE SOUTHEAT QUARTER, 210 FEET
TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
A proposed annexation ordinance will be considered by the Village Board at the August
10, 2020 Village Board meeting. The meeting begins at 6:30 p.m. at the Lemont Village Hall, 418
Main Street, Lemont, Illinois 60439.
Charlene SmoIlen, Village Clerk of the Village of Lemont
Published in the Daily Southtown on July 30, 2020 and July 31, 2020.
11
EXHIBIT 3
Plat of Annexation
12
P.I.N. 22-29-402-005 NEXATION
PPLAT OF A N
COMMON ADORESS
1143 STATE STREET � TO
LEMONT, IUJHOIS GO439 THEVILLAGE OF LEMON„ .
I
OF
Begnnning at apoint on the West line of the Southeast quartet of Section 29, Township 37 North t
Range 11 East of the third Principal Meridian. 332.44 feet North of the South line of said Section d
29, thence Easterly at an angle of 89 degrees 55 minutes, 210 feet; thence Northerly, parallel
with the West line of the Southeast quarter of said section 29, 210 feet; thence Westerly, parallel
with the South line of the premises in question 210 feet to the West line of the Southeast quarters
Section 29; thence Southerly along the West line of the Southeast quarter, 21 D feet to the &
fi
of said
place of beginning, in Cook County, Blinois. 1R e r
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OF COOK) w2
THIS IS TO CERTIFY THAT YILCAGE GF LEMONY A MUNICIPAL APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES O to
CORPORATION, COOK. WILL AND WAGE COUNTIES. OF THE VILLAGE OF LEMONT, COOK COUNTY, ILLINOIS AT Ix
THIS C,
THE OWNER OF RECORD OF THE PROPERTY DESCRIBED HEREON A MEETING HELD ON
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DOES HEREBY CONSENT TO THE ANNEXATION GRANTED BY THIS DOCUMENT. _DAY OF A.D2D2G-
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DATED THIS _ DAY OF AO., 2020-
BY NY BY; •+• x
PRESIDENT 111— u%
VILLAGE PRESIDENT WILLIGE CLERK ATTEST{
CLERK
STATE OF O.UNDIS >
COUNTY OF COOK I SS STATE OF O SS
COUNTY OFCOOK ) AFTER RECORDING PLEASE RETURN 70:
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L A NOTARY PUBLIC IN AND FOR THE SAID COUNTY IN THE VILLAGE OF LEMONT
THE STATE AFORESAID. DO HEREBY CERTIFY THAT 1, JAMES L CAINKAR, AN IUJNOIS PROFESSIONAL LAND
41a MAIN STREET
OF VILLAGE OF LEMCNT ARE PERSONALLY KNOWN TD 11E TO BE SURVEYOR. DO HEREBY CERTIFY THAT THE PLAT AS
THE SANE PERSONS SE NAMES ARE SUBSCRIBED TO THE FOREr,mNG INSTRUHENI AS HM80NPROPERTD AWNDESIS ACORRECTOF THE LEMON; IWNOIS 6W9
IN THE FOREGOESENING CATION
PRESIGENT AMU CLERK RE5PECT3VELY, APPEARED BCFORE HE THIS TwY M BED N.
PERSON AND ACKNOVLEDGED THAT THEY SIGNED AND WJVRRE➢ THE SAID INSTRUMENT /
AS THEIR OVN FREE AND VOLUNTARY ACT AND AS THE FREE AIM VOLUNTARY ACT OF ppppAAAA..-1EOLAT W7LLOWBROOK, IWNOIS, THIS 7 DAY OF
SAID PERSONS FOR THE USES AND PURPOSES THEREIN SET FORTR A.D.,
GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS _ DAY OF A.D.. 202D. ..-3 5 4 GA '�•� O B I t LfH
JAM. L INKAR
MY COMMISSION EXPIRES, ILLINOISPROFESSIONAL LAND SURVEYOR
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ATTACHED TO. DOCUMENT
$177. CIO
P.I. N. 22— 29-- 402 — 005
COMMON ADDRESS:
1143 STATE STREET
I_EMONT, ILLINOIS 60439
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ANNEXATIONPLAT OF 10
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29, thence Easterly at an angle of 89 degrees 55 minutes. 210 feet; thence Northerly, parallel
with the West tine of the Southeast quarter of said section 29, 210 feet; thence Westerly, parallel
with the South tine of the premises in question 210 feet to the West line of the Southeast quarter
of said Section 29; thence Southerly along the West tine of the Southeast quarter, 210 feet to the
place of beginning, in Cook County, Illinois.
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RASP FEE:89.00 RARE FEE: $1.00
KAREN A. YARBROUGH
COOK COUNTY CLERK
DATE: 10/19/2021 02:37 Pit PG: 0
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HEREBY ANNEXED
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STATE OF )LUNOIS)
STATE OF IU-NOIS )
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COUNTY OF COOK) S
COUNTY OF COOK)
THIS IS TO CERTIFY THAT PILLAGE OF LEMONY A MUNICIPAL
APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
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L CORPORATION, COOK, 4A, AND DuPAGE COUNTIES,
OF THE VILLAGE OF LEMONT. COOK COUNTY, IWNOIS AT
IS THE OYMER OF RECORD OF THE PROPERTY DESCRIBED HEREON
A MEETING HELD CN ISab
DOES HEREBY CPNSENT TO THE ANNEXATION GRANTED BY THIS DOCUMENT. _10 DAY OF A.D., 2020.
DATED THIS DAY OF OP ber A.D., 2016. j�
BY BY;
PRESIDENT /"
VILLAGE PRESIDENT VILLAGE CLERK ATTEST; (' (/,/-([rt -AE&d k/
y'CLERK I,
STATE OF ILLINOIS > 61 P" +yI CI<�k bmda,��oG{oi
COUNTY rOpKv�SS -, STATE OF ILLINOIS ) S.S
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I, A' NOTARY PUBLIC IP A D F T E SAID COUNTY IN
T STAT - F SAY➢ EBY CERTIFY THAT t I, JAMES L. CAINKAR, AN ILLINOIS PROFESSIONAL LAND
i.AGE CF IEMONT ARE PERSONA Y KNOWN IT ME TO BE SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT AS
SAME PERSONS "HOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS HEREON DRANM IS A CORRECT REPRESENTATION OF THE
PRESIDENT AND CLERK RESPECTIVELY, APPEARED BEFORE ME TFIYS DAY IN PROPERTY DESCRIBED IN THE FOREGOING CAPTION.
PERSOd AND ACKNOWLEDGED THAT THEY SIGNED AND DELIVERED THE SAID INSTRUMENT
AS THEIR OWN FREE AND VOLUNTARY ACT AND AS THE FREE AND VOLUNTARY ACT OF DATED AT 4ALLONBROOK, ILLINOIS, THIS DAY OF
SAID PERSONS FOR THE USES AND PURPOSES THEREIN 'SET FORTH. A.D., 2020.
GIVEN UNDER MY HAND ANDr NOTARIAL
/tSEAL THIS L DAY OF D., 2020.
MY CONM SSION EXPIRES,[ �Lt+ JAMES L CAINKAR
ILLINOIS PROFESSIONAL LAND SURVEYOR
No. 2656
EXPIRES 11-30-20
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AFTER RECORDING PLEASE RETURN TO:
THE VILLAGE OF LElAONT
418 MAIN STREET
LEMONT, ILLINOIS 60439
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JAMES
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CAINKAR
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.JAMES L. CAIINK.AR, P.E.
IL. P.L.S. NO. 2656
EXPIRES 11 30-20
DATE: 07/06/20 PROJECT NO. 20219 SHEET 1 OF 1