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O-15-24 Annexing 9.3 Acres of Property Located West of Smith Road in Lemont, IL (PDV Midwest Refining LLC)418 Main Street I Lemont, IL 60439 TO: Village Board Meeting FROM: Jamie Tate, Community Development THROUGH: Jason Berry, CEcD, AICP, Economic & Community Development Director SUBJECT: An Ordinance Annexing 9.3 Acres of Property Located West of Smith Road in Lemont, IL (PDV Midwest Refining LLC) DATE: April 8, 2024 SUMMARY/BACKGROUND PDV Midwest Refining, LLC, known as CITGO, represented by attorneys from Elrod Friedman LLP, has requested annexation into the Village of Lemont for the remaining 9.3-acres included in the Annexation Agreement between CITGO and the Village (0-54-22) for the property west of Smith Road and near 135th Street. The subject property is currently zoned A-1, Agricultural in Unincorporated Will County and rezoning to Open Lands District will follow this annexation, with no modifications or improvements proposed for the vacant land. ANALYSIS Comprehensive Plan The anticipated future land use in the Lemont 2030 Comprehensive Plan for the subject property is Open Space and Recreation District. The annexation of the property and subsequent rezoning to Open Lands District is in line with the Comprehensive Plan. Planning & Zoning Commission (PZC) A public hearing was held at the PZC meeting to discuss the rezoning following annexation into the Village on March 6, 2024. The PZC voted (6-0) to recommend approval of Case 2024- 02 Citgo Annexation and Rezoning. Committee of the Whole (COW) The COW discussed the annexation and rezoning for the 9.3 acres at the meeting held on March 18, 2024. Consistency with Village Policy Lemont 2030 Comprehensive Plan STAFF RECOMMENDATION Staff is recommending approval of the attached ordinance. BOARD ACTION REQUESTED A motion to approve the attached ordinance. ATTACHMENTS Ordinance Annexing 9.3 Acres West of Smith Road PDV Midwest Refining VILLAGE OF LEMONT ORDINANCE NUMBER O- I5 -24 AN ORDINANCE ANNEXING 9.3 ACRES OF PROPERTY LOCATED WEST OF SMITH ROAD IN LEMONT, ILLINOIS (PDV Midwest Refining LLQ JOHN EGOFSKE, Village President CHARLENE M. SMOLLEN, Clerk JANELLE KITTRIDGE DAVE MAHER KEN MCCLAFFERTY KEVIN SHAUGHNESSY RICK SNIEGOWSKI RON STAPLETON Trustees Published in pamphlet form by authority of the Village President and Board of Trustees of the Village of Lemont onq '3 -24 ORDINANCE NO. O-_-24 AN ORDINANCE ANNEXING 9.3 ACRES OF PROPERTY LOCATED WEST OF SMITH ROAD IN LEMONT, ILLINOIS (PDV Midwest Refining LLC) 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 ordinances for the benefit of the residents of the Village; and WHEREAS, on November 14, 2022, the President and Board of Trustees adopted Ordinance 0-54-22 titled "An Ordinance Authorizing the Execution of An Annexation Agreement For 104.7 Acres of Property Located East of Smith Road and in Lemont, Illinois (PDV Midwest Refining LLC)"; and WHEREAS, pursuant to the Annexation Agreement, the Village agreed to annex the Subject Property described in the Annexation Agreement to the Village, of which 9.3-acres are a part of this ordinance; and WHEREAS, the Village has complied with the statutory requirements for annexing the Subject Property. 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 Endings 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. 4 SECTION 2: The property described in Exhibit A attached hereto and incorporated herein by reference is annexed to the Village. SECTION 3: The Village Clerk is authorized and directed to record a certified copy of this Ordinance and the Plat of Annexation in substantially in the form attached hereto as Exhibit B and incorporated herein by reference with the Will County Recorder of Deeds. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. SECTION 5: 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 6: All ordinances in conflict herewith are hereby repealed to the extent of such conflict. 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 $ DAY OF v i 2024. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: Janelle Kittridge Dave Maher v Ken McClafferty Kevin Shaughnessy Rick Sniegowski Ron Stapleton Attest: Charlene M. Smollen, Vil e Clerk /Z C I N Oc, m John Egofske, Village President EXHIBIT A LEGAL DESCRIPTION P.I.N. 12-02-3 6-400-010 THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THE NORTH 175 FEET, AND ALSO EXCEPT THE SOUTH 5 ACRES, DESCRIBED AS FOLLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT, THENCE NORTH 1 DEGREE 06' 50" WEST, ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 36, A DISTANCE OF 150 FEET TO POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 88 DEGREES 16' 46" WEST, ALONG A LINE DRAWN PARALLEL WITH THE NORTH LINE OF THE AFORESAID SOUTH 5 ACRES, 290.40 FEET; THENCE SOUTH 1 DEGREE 06' 50" EAST, 150 FEET; THENCE SOUTH 88 DEGREES 16' 46" WEST, ALONG THE NORTH LINE OF THE AFORESAID SOUTH 5 ACRES, 369.73 FEET TO THE POINT OF INTERSECTION WITH THE WEST LINE OF THE AFORESAID EAST 1/2 OF THE SOUTHEAST 1/4 OF SOUTHEAST 1/4 OF SECTION 36; THENCE NORTH 1 DEGREE 05' 32", ALONG SAID WEST LINE, 820.13 FEET OF THE SOUTH LINE OF THE AFORESAID NORTH 175 FEET OF THE SOUTHEAST 1/4 TO THE SOUTHEAST 1/4 OF SECTION 36; THENCE NORTH 88 DEGREES 16 '51" EAST, ALONG SAID SOUTH LINE, 3 84. 10 FEET TO A POINT WHICH 275.72 FEET WEST OF THE AFORESAID EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 36; THENCE SOUTH 1 DEGREE 06' 50" WEST, ALONG A LINE DRAWN PARALLEL WITH SAID EAST LINE 333.00 FEET; THENCE NORTH 88 DEGREES 16' 5 1 " EAST, ALONG A LINE DRAWN PARALLEL WITH THE AFORESAID SOUTH LINE OF THE NORTH 17 FEET, 275.72 FEET TO THE POINT OF INTERSECTION WITH THE AFORESAID EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 36; THENCE SOUTH I DEGREE 06' 50" EAST, ALONG SAID EAST LINE, 337.11 FEET TO THE HEREIN ABOVE DESCRIBED POINT OF BEGINNING (EXCEPT THAT PART TAKEN FOR ROAD WIDENING PER R2010-026964), IN WILL COUNTY, ILLINOIS. EXHIBIT B PLAT OF ANNEXATION P.I.N. 12-02-36-400-010 �� PLAT OF ANNEXATION TO VILLAGE OF LEMONT OF SCALE: 1' THAT PART OF THE EAST 112 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 36. TOWNSHIP 37 NORTH. RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN. EXCEPT THE NORTH 175 FEET, AND ALSO EXCEPT THE SOUTH 5 ACRES, DESCRIBED AS FOLLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT. THENCE NORTH 1 DEGREE 06'50' WEST. ALONG THE EAST LINE OF SAID SOUTHEAST 114 OF SECTION 36. A DISTANCE OF 150 FEET TO POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT: THENCE SOUTH 68 DEGREES 16'46' WEST. ALONG A LINE DRAWN PARALLEL WITH THE NORTH LINE OF THE AFORESAID SOUTH 6 ACRES, 290.40 FEET: THENCE SOUTH 1 DEGREE 06'50' EAST, 150 FEET; THENCE SOUTH 88 DEGREES i6'46' WEST, ALONG THE NORTH LINE OF THE AFORESAID SOUTH 5 ACRES, 369.73 FEET TO THE POINT OF INTERSECTION WITH THE WEST LINE OF THE AFORESAID EAST 112 OF THE SOUTHEAST 114 OF SOUTHEAST 114 OF SECTION 36: THENCE NORTH 1 DEGREE 0632. ALONG SAID WEST LINE, 820.13 FEET OF THE SOUTH LINE OF THE AFORESAID NORTH 175 FEET OF THE SOUTHEAST 114 TO THE SOUTHEAST 114 OF SECTION 36: THENCE NORTH 88 DEGREES 16'51' EAST, ALONG SAID SOUTH LINE, 384.10 FEET TO A POINT WHICH 275.72 FEET WEST OF THE AFORESAID EAST LINE OF THE SOUTHEAST 114 OF SECTION 36: THENCE SOUTH 1 DEGREE 06'50' WEST, ALONG A LINE DRAWN PARALLEL WITH SAID EAST LINE 333.00 FEET: THENCE NORTH 88 DEGREES 18'61' EAST, ALONG A LINE DRAWN PARALLEL WITH THE AFORESAID SOUTH LINE OF THE NORTH 17 FEET, 275.72 FEET TO THE POINT OF INTERSECTION WITH THE AFORESAID EAST LINE OF THE SOUTHEAST 114 OF SECTION 38: THENCE SOUTH 1 DEGREE 06'50' EAST, ALONG SAID EAST LINE, 337.11 FEET TO THE HEREIN ABOVE DESCRIBED POINT OF BEGINNING (EXCEPT THAT PART TAKEN FOR ROAD WIDENING PER R20IU26964), IN WILL COUNTY, ILLINOIS. THE NEW BOUNDARY OF THE AREA ANNEXED SHALL EXTEND TO THE FAR SIDE OF ANY ADJACENT HIGHWAY AND SHALL INCLUDE ALL OF EVERY HIGHWAY WITHIN THE AREA ANNEXED. 00 EAsr uNE a n�E [AST t/z � OF THE ION M-3.4 i WARTE OF SECTION 36-�>-10 ,.. mir nrrrnr�m+nmsr rnmrrn+ns>•smnraas sW TH LWE a T E. S--V or T•x NORTHMEI/2ST WMTER 1 OF SE".N 1f �—EXISTING CORPORATE LIMITS OF THE I I ❑❑ R112 VILLAGE OF LEMONT I{PA 113 i � Y I9 lam 14 ..Tax I x e e zj3D3I`) MX IMG CORPORAIE OF IIxE , THE EA.1 1/2 I I 20 2 " N - LIMITS OF THE THE SW HEIST WMiER to 121 /yy\'+B L VILLAGE OF LEMONY �„ OE SEcnOR 1a-3>-1O 14 •i - YF >a F a o tun— 1layyyy ,r 04 R r p —1.LNCTHor rTA OF SOUEAST WMIEfl OI . SEcnON N-11-1O \y - 130�6 .L�Lflr4•••••��••l11tlJl/f•�•••�•+••/9%3i:fL/LLL../GI/.t."'^'•••••••3f16L c COM ED RIGHT OF -WAY sssw _ a�a 9 "� _ R feia I ._. F F -. -- a EAST 1LINE/2 0 T'I _ a SMITH LINE OI H E EIS, EA OE RIE pp �SEsT t/2 01 T E SOU HC`T WARTER y; Jx $WTHNfST WAR ER OF SECROx D< SECTION 31-31-11 aNllT e� �' al a 16-37-0=— 1 .... 135TH � STREET -- — IF --- -- --- __---- -- —------- MESi 114E <X T1[ EAST - - - -_--- _T /2 OF iNE SOUTHEAST WARTER OF THE SWTHEAST WMTER OF SECIIW LEGEND AREA TO BE ANNEXED CONSISTS OF APPROXIMATELY 9.3 ACRES ® DENOTES HEREBY ANNEXED AFTER RECORDING PLEASE RETURN T0: THE VILLAGE OF LEMONT 418 MAIN STREET LEMONT, ILLINOIS 60439 STATE OF ILLINOIS ) COUNTY OF COOK ) APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT. COOK, WILL, AND OUPAGE COUNTY, ILLINOIS AT A MEETING HELD ON THIS _ DAY OF ___ A.D., 2022. BY;____ _____ PRESIDENT ATTEST;___ CLERK 5CO 0 501) rl 7J t /rl GRAPHIC SCALE N FEET STATE OF ILLINOIS ) S.S COUNTY OF DuPAGE ) 1, JAMES L. CAINKAR, AN ILLINOIS PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT AS HEREON DRAWN IS A CORRECT REPRESENTATION OF THE PROPERTY DESCRIBED IN THE FOREGOING CAPTION. DATED AT WI-LOWBROOK, LI IS, THIS 4th DAY OF OCTOBER JAMES L. CAINKAR ILLINOIS PROFESSIONAL LAND SURVEYOR. No. 2656 EXPIRES 11-30-22 ~4.e DY TLL,M' e JAMES a * LOUIS CAINKAR m p 2656 q o ALL JAMES L.CAINKAR, P.E. IL. P.L.S. NO. 2656 EXPIRES 11-30-22 DA I E: 10/04/22