R-66-25 Approving A Memorandum of Understanding with Ann J. Dralle, As Trustee of the Ann J. Dralle Trust, Dated September 18, 2014, Owner of 17025 Davey Rd., Lemont'R —cC (0 —a1—;
418 Main Street ( Lemont, IL 60439
TO: Village Board Meeting
FROM: George Schafer, Administration
THROUGH:
SUBJECT: A Resolution Approving A Memorandum of Understanding with Ann J.
Dralle, As Trustee of the Ann J. Dralle Trust, Dated September 18, 2014,
Owner of 17025 Davey Rd., Lemont
DATE: September 22, 2025
SUMMARY/BACKGROUND
Related to the Disconnect Ordinance agenda item later in the agenda, the property owner has
agreed to enter into an agreement with the Village related to the plat of disconnection. The
agreement is included as an attachment.
ANALYSIS
Consistency with Village Policy
Budget (if applicable)
STAFF RECOMMENDATION
Staff recommends approval of agreement
BOARD ACTION REQUESTED
Motion to approve resolution.
ATTACHMENTS
Resolution Approving MOU 17025 Davey 4930-0755-1594.pdf
MOU with Ann Dralle 4905-0776-7914.pdf
RESOLUTION NO. R- 0C -25
A RESOLUTION APPROVING A MEMORANDUM OF UNDERTANDING WITH ANN
J. DRALLE, AS TRUSTEE OF THE ANN J. DRALLE TRUSTE, DATED SEPTEMBER
18, 2014, OWNER OF 17025 DAVEY RD., LEMONT
WHEREAS the Village of Lemont has received a disconnection petition for the property
commonly known as 17025 Davey Road in the Village of Lemont ("Subject Property") from the
owner of record, Ann J. Dralle, as Trustee of the Ann J. Dralle Truste, dated September 18, 2014
("Owner"); and
WHEREAS, the Owner has entered into a contract for the development of the Subject
Property; and
WHEREAS, the Village and Owner recognize that the future development of the Subject
Property will result in the need for investment in the existing infrastructure and road
improvements within the Village; and
WHEREAS, the Parties have agreed upon the terms of the Owner's financial
contributions to the Village for future infrastructure and road maintenance costs related to the
development of the Subject Property in a Memorandum of Understanding which is attached to
this Resolution as Exhibit A and is incorporated by reference; and
NOW THEREFORE, be it resolved by the President and Board of Trustees of the
Village of Lemont, Cook, DuPage and Will County, Illinois as follows:
SECTION l: The foregoing preambles are restated and incorporated herein by reference
as though fully set forth herein.
2
Attest:
Charlene M. Smollen, Village Clerk
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John Egofske, Village President
4
Exhibit A
Memorandum of Understanding
(attached)
Property ("Disconnection Ordinance"). Payment shall be made by wire
transfer or by certified or cashier's check payable to the Village. The Owner
may direct that payment to the Village be made by a third party on its behalf.
2. The Owner acknowledges that the Owner's Payment to the Village is a
condition precedent to the Village's obligation to record the Disconnection
Ordinance.
3. The Owner acknowledges that the Village anticipates applying the Owner's
Payment to future road maintenance or related transportation improvements
arising from or benefiting the development of the Property and the
surrounding areas. However, the Parties acknowledge that nothing in this
Memorandum of Understanding obligates the Village to use the Owner's
Payment for any particular purpose and the Village has full discretion
regarding the allocation and expenditure of such funds.
B. Village's Obligations:
1.Within five (5) business days of receipt of the Owner's Payment, the Village
shall record the Disconnection Ordinance with the Will County Recorder of
Deeds.
2. In the event that the Will County Recorder of Deeds raises an objection that
prevents the recording of the Disconnection Ordinance, the Village shall use its
best efforts to address the objection and effectuate the recording of the
Disconnection Ordinance as soon as reasonably practicable.
3. If the Owner fails to timely fulfill its obligations to make the Owner's Payment
as defined in Section II.A.1, the Village shall provide the Owner with written
notice and ten (10) business days to cure the non-payment. At the expiration of
the cure period, if the Village has not received the Owner's Payment, the
Village may take the appropriate measures to rescind the Disconnection
Ordinance.
III. MISCELLANEOUS
Mutual Cooperation. The Parties agree to cooperate in good faith to execute any
additional instruments and to take additional actions, as may reasonably be necessary to
implement and give effect to this MOU, including, if necessary, cooperating in any
administrative or legal proceeding to effectuate recordation of the Disconnection
Ordinance. Such cooperation shall also include providing documentation, confirmations or
other municipal records required by the Village of Woodridge or other governmental
authorities in connection with the Owner's subsequent annexation of the Property.
2. Applicable Law. This MOU shall be governed in all respects by the laws of the State of
Illinois.
3. Binding Effect. This MOU shall be binding upon and inure to the benefit of the Parties
hereto and their respective successors, assigns and legal representatives.
2
IN WITNESS THEREOF, the Parties hereto have caused this MOU to be executed by their
authorized representatives.
VILLAGE OF EMONT
Date:
Mayor John Egofske
ATTEST- OF
!< L i 1, 00 Date:
Ann J. Dralle, as Trustee under Truste
Agreement dated September 18, 2014, known
As the Ann J. Dralle Trust
11
THENCE SOUTH 57 DEGREES 22 MINUTES 22 SECONDS WEST ALONG SAID
CENTERLINE 798.57 FEET TO THE POINT OF BEGINNING EXCEPTING THEREFROM
THE EAST 15.00 ACRES THEREOF; ALL SITUATED IN DUPAGE TOWNSHIP, WILL
COUNTY, ILLINOIS.
PINs: 12-02-13-400-016-0000 and 12-02-13-400-027-0000
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MEMORANDUM OF UNDERSTANDING BETWEEN THE
VILLAGE OF LEMONT AND ANN J. DRALLE, AS TRUSTEE UNDER TRUST
AGREEMENT DATED SEPTEMBER 18, 2014, KNOWN AS THE ANN J. DRALLE
TRUST
This Memorandum of Understanding ("MOU") is entered into on this �' day of
2025, ("Effective Date") by and between the Village of Lemont ("riIlage"), an Illinois Aunicipal
corporation, and Ann J. Dralle, as Trustee under the Trust Agreement Dated September 18, 2014,
known as the Ann J. Dralle Trust ("Owner").The Village and Owner may be referred to
individually as a Party and collectively as the Parties.
RECITALS
WHEREAS, the Owner is the owner of record of certain real property commonly known as
17025 W. Davey Road, Lemont, Illinois ("Property") and legally described in Exhibit A attached
hereto and incorporated herein; and
WHREEAS, the Owner has filed a Petition for Disconnection of the Property with the Village
pursuant to 65 ILCS 5/7-3-4, seeking to disconnect the Property from the Village and
subsequently annex into the Village of Woodridge; and
WHEREAS, the Owner has entered into a contract for the sale of the Property that anticipates
the Property's development; and
WHEREAS, the development of the Property may result in additional roadway improvements
and investment in infrastructure within the Village even with the Property's disconnection from
the Village; and
WHEREAS, the Owner has agreed to make a financial contribution to the Village to assist with
the costs associated with future roadway improvements and infrastructure needs; and
WHEREAS, the Parties desire to memorialize the terms of this agreement in a Memorandum of
Understanding.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth in this
Memorandum of Understanding, the Parties agree as follows:
AGREEMENT
I. RECITALS. The recitals above are incorporated as if fully set forth herein.
II. DUTIES AND OBLIGATIONS OF THE PARTIES
A. Owner's Obligations:
1. Owner agrees pay the Village One Hundred Thousand Dollars ($100,000.00)
("Owner's Payment") within sixty (60) days following the approval by the
Corporate Authorities of an ordinance approving the disconnection of the
Property ("Disconnection Ordinance"). Payment shall be made by wire
transfer or by certified or cashier's check payable to the Village. The Owner
may direct that payment to the Village be made by a third party on its behalf.
2. The Owner acknowledges that the Owner's Payment to the Village is a
condition precedent to the Village's obligation to record the Disconnection
Ordinance.
The Owner acknowledges that the Village anticipates applying the Owner's
Payment to future road maintenance or related transportation improvements
arising from or benefiting the development of the Property and the
surrounding areas. However, the Parties acknowledge that nothing in this
Memorandum of Understanding obligates the Village to use the Owner's
Payment for any particular purpose and the Village has full discretion
regarding the allocation and expenditure of such funds.
B. Village's Obligations:
1.Within five (5) business days of receipt of the Owner's Payment, the Village
shall record the Disconnection Ordinance with the Will County Recorder of
Deeds.
2. In the event that the Will County Recorder of Deeds raises an objection that
prevents the recording of the Disconnection Ordinance, the Village shall use its
best efforts to address the objection and effectuate the recording of the
Disconnection Ordinance as soon as reasonably practicable.
3. If the Owner fails to timely fulfill its obligations to make the Owner's Payment
as defined in Section II.A.1, the Village shall provide the Owner with written
notice and ten (10) business days to cure the non-payment. At the expiration of
the cure period, if the Village has not received the Owner's Payment, the
Village may take the appropriate measures to rescind the Disconnection
Ordinance.
III. MISCELLANEOUS
1. Mutual Cooperation. The Parties agree to cooperate in good faith to execute any
additional instruments and to take additional actions, as may reasonably be necessary to
implement and give effect to this MOU, including, if necessary, cooperating in any
administrative or legal proceeding to effectuate recordation of the Disconnection
Ordinance. Such cooperation shall also include providing documentation, confirmations or
other municipal records required by the Village of Woodridge or other governmental
authorities in connection with the Owner's subsequent annexation of the Property.
2. Applicable Law. This MOU shall be governed in all respects by the laws of the State of
Illinois.
Binding Effect. This MOU shall be binding upon and inure to the benefit of the Parties
hereto and their respective successors, assigns and legal representatives.
4. Entire Agreement. This MOU constitutes the principal understanding between the Parties
regarding the disconnection and supersedes prior negotiations on this subject, except as
otherwise expressly agreed in writing by the Parties.
Counterparts. This MOU may be executed in one or more counterparts, each of which
shall be considered one and the same agreement, binding on all Parties hereto,
notwithstanding that all Parties are not signatories to the same counterpart. Further,
duplicated signatures, signatures transmitted via facsimile, or signatures contained in a
Portable Document Format (PDF) document shall be deemed original for all purposes.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS THEREOF, the Parties hereto have caused this MOU to be executed by their
authorized representatives.
VILLAGE OF LEMONT
Nfia"yor J n Egofske
®F
ATTEST: �G
Charlene S=11
Ain J. Dralle,,,6 Trustee under Truste
Agreement dated September 18, 2014, known
As the Ann J. Dralle Trust
4
Date: 4 —,
Date: t%- I ® a0as
EXHIBIT A
Property Legal Description
PARCELI:
THE EAST 15.00 ACRES OF THE FOLLOWING DESCRIBED PARCEL: THE NORTH
11.952 ACRES OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 24, AND THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 13
EXCEPTING THEREFROM THAT PART THEREOF WHICH FALLS IN THE FOLLOWING
DESCRIBED PREMISES: BEGINNING AT A POINT ON THE WEST LINE OF THE EAST
HALF OF SECTION 13, IN TOWNSHIP 37 NORTH, AND IN RANGE 10 EAST OF THE
THIRD PRINCIPAL MERIDIAN, SAID POINT BEING ON THE CENTER LINE OF
GRAVEL ROAD, AND BEING 538.2 FEET NORTH OF THE SOUTHWEST CORNER OF
SOUTHEAST QUARTER OF SECTION 13, IN TOWNSHIP 37 NORTH, AND IN RANGE 10
EAST OF THE THIRD PRINCIPAL MERIDIAN, THENCE NORTH ALONG THE WEST
LINE OF THE EAST HALF OF SECTION 13, IN TOWNSHIP 37 NORTH, AND IN RANGE
10 EAST OF THE THIRD PRINCIPAL MERIDIAN, 3487.16 FEET; THENCE NORTH 87
DEGREES 59 MINUTES EAST 1335.2 FEET TO THE EAST LINE OF THE WEST HALF OF
THE EAST HALF OF SAID SECTION; THENCE SOUTH 0 DEGREES 4 MINUTES WEST
ALONG THE EAST LINE OF THE WEST HALF OF THE EAST HALF OF SAID SECTION.
2732.63 FEET TO A POINT ON THE CENTER LINE OF EXISTING GRAVEL ROAD;
THENCE SOUTH 58 DEGREES 59 MINUTES WEST 1553.4 FEET ALONG CENTER LINE
OF EXISTING GRAVEL ROAD TO THE POINT OF BEGINNING ALL IN TOWNSHIP 37
NORTH, AND IN RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, Y, ILLINOIS,
EXCEPT THAT PART DEEDED TO THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY
BY DOCUMENT NUMBER R96-81097 RECORDED SEPTEMBER 10, 1996.
PARCEL 2:
THAT PART OF THE NORTH 11.952 ACRES OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 24, AND THE PART OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF SECTION 13, ALL IN TOWNSHIP 37 NORTH, RANGE 10
EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS COMMENCING AT THE
SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 13; THENCE
NORTH 1 DEGREE 39 MINUTES 43 SECONDS WEST ALONG THE WEST LINE OF SAID
SOUTHEAST QUARTER OF SECTION 13 DISTANCE OF 538.2 FEET TO A POINT IN THE
CENTER LINE OF DAVEY ROAD; THENCE NORTH 57 DEGREES 22 MINUTES 22
SECONDS EAST ALONG SAID CENTERLINE OF DAVEY ROAD 755.00 FEET FOR THE
POINT OF BEGINNING; THENCE SOUTH 4 DEGREES 21 MINUTES 45 SECONDS EAST
1297.72 FEET TO THE SOUTH LINE OF THE AFORESAID NORTH 11.952 ACRES;
THENCE NORTH 86 DEGREES 45 MINUTES 42 SECONDS EAST ALONG SAID SOUTH
LINE TO THE EAST LINE OF AFORESAID NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 24; THENCE NORTHERLY ALONG SAID EAST
LINE AND EAST LINE OF AFORESAID WEST HALF THE SOUTHEAST QUARTER OF
SECTION 13 A DISTANCE OF 1689.81 FEET TO THE CENTER LINE OF DAVEY ROAD;
THENCE SOUTH 57 DEGREES 22 MINUTES 22 SECONDS WEST ALONG SAID
CENTERLINE 798.57 FEET TO THE POINT OF BEGINNING EXCEPTING THEREFROM
THE EAST 15.00 ACRES THEREOF; ALL SITUATED IN DUPAGE TOWNSHIP, WILL
COUNTY, ILLINOIS.
PINs: 12-02-13-400-016-0000 and 12-02-13-400-027-0000
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