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O-53-98 06/22/98illage of Lemont 418 Main Street .emont, IL 60439 -3788 % -y T 0 911 3 96._3j0019 Lv 002 Page 1 cif 10 1990 -12 -03 15:15:50 County �e� �'i:�ik(, i_�Ci ?1?'st, Recorder 39:50 COOK COUNTY RECORDER JESSE VtIHITE BRIDGEVIEW OFFICE ORDINANCE NO. 0,63 fg-- 11 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH THE BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY FOR PARCELS GENERALLY LOCATED AT THE NORTHWEST EDGE OF LEMONT TOWNSHIP IN LEMONT, ILLINOIS ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 22nd day of June 1998. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will and DuPage Counties, Illinois, this 22nd day of June 1998. 1 i iRn9 i 193 ORDINANCE NO. V 'gr AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH THE BURLINGTON NOR'1'HLRN SANTA FE RAILWAY COMPANY FOR PARCELS GENERALLY LOCATED AT THE NORTHWEST EDGE OF LEMONT TOWNSHIP IN LEMONT, ILLINOIS WHEREAS, the legal owners of record of the territory which is the subject of an Annexation Agreement are ready, willing and able to enter into said agreement and perform the obligations as required therein and; WHEREAS, a copy of said Annexation Agreement has been attached hereto and included herein; and WHEREAS, the statutory procedures provided for in the Illinois Municipal Code for the execution of said agreement have been fully complied with. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, STATE OF ILLINOIS, AS FOLLOWS: SECTION 1: That the President be and is hereby authorized and directed, and the Village Clerk is directed to attest to a document known as "Burlington Northern and Santa Fe Railway Company Annexation Agreement" dated the 02 ? Imo. day of v� ✓ , 1998, (a copy of which is attached hereto and made a part hereof). SECTION 2: 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. 0%91193 L i of 10 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF TILE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS, on this 22nd day of June 1998. Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker AYES NAYS PASSED ABSENT RLENE SMOLLEN, Village Clerk Approved by me this 22nd ENE SMOLLEN, Village C erk Prepared by: Planning Department Village of Lem 418 Main Stre Lemont, IL 60 ASNE KI, Village President 1 n09 1 193 ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this 28th day of April, 1998, between the VILLAGE OF LEMONT, a municipal corporation of the Counties of Cook, DuPage and Will, in the State of Illinois (hereinafter referred to as "VILLAGE ") and THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (hereinafter referred to as "RAILROAD ") (collectively referred to as the "Parties "). RECITALS WHEREAS, RAILROAD is the owner of record of the real estate (hereinafter referred to as "TERRITORY "), the legal description of which is attached hereto as Exhibit "A" and by this reference made a part hereof; and, WHEREAS, RAILROAD has submitted to the VILLAGE a Petition for Annexation; and, WHEREAS, RAILROAD intends to continue, uninterrupted, its railroad operation on the TERRITORY; and, WHEREAS, the VILLAGE has requested that no outdoor advertising signs be constructed on the TERRITORY because the location, among other reasons, serves as an elevated entryway into the Village and provides a scenic vista of the Village; and, WHEREAS, the RAILROAD has considered the VILLAGE'S request and has agreed not to . cause or permit outdoor advertising signs of any nature to be constructed on the TERRITORY; and WHEREAS, the Parties hereto desire the TERRITORY, which is contiguous to the VILLAGE, to be annexed to the VILLAGE on the Terms and conditions hereinafter set forth; and, WHEREAS, the Parties agree that they will be bound by the terms of this Annexation Agreement; and, WHEREAS, the VILLAGE would extend its zoning, building, health and other municipal regulations and ordinances over the TERRITORY, thereby protecting the VILLAGE from possible undesirable or inharmonious use and development of unincorporated areas surrounding the VILLAGE; and, WHEREAS, the new boundaries of the VILLAGE OF LEMONT, resulting from this Annexation shall extend to the far side of every highway and shall include all of every highway so annexed; and, 1 1380"1193 WHEREAS, the parties desire, pursuant to 65 ILCS 5/11- 15.1 -1 of the Illinois Compiled Statutes, to enter into an Agreement with respect to Annexation of the TERRITORY and various other matters; and, WHEREAS, pursuant to the provisions of the Statute, the corporate authority of said VILLAGE has duly fixed a time for and held a hearing upon the Annexation Agreement and has given notice of said hearing; and, WHEREAS, the corporate authority of the VILLAGE has considered the Annexation and development of the TERRITORY described tin the Petition and has determined that the best interest of the VILLAGE will be met if the TERRITORY is annexed to the VILLAGE and developed in accordance with the provisions of the Agreement; and, WHEREAS, the Parties acknowledge that the statements and representations contained in the foregoing recitals are true and accurate. WITNESSETH NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter contained, the parties agree as follows: ARTICLE I ANNEXATION 1. Subject to the provisions of 65 ILCS 5/7 -1 -8 of the Illinois Compiled Statutes, the Parties hereto respectively agree to do all things necessary or appropriate to cause the TERRITORY to be validly annexed to the VILLAGE as promptly as possible upon the execution of this Agreement. 2. The Plat of Annexation of said TERRITORY is attached hereto as Exhibit `B ". Said Plat extends the new boundaries of the VILLAGE to the far side of any adjacent highway and includes all of every highway within the TERRITORY so annexed. ARTICLE II ZONING AND LAND USE RESTRICTIONS 1. Upon the Annexation of the TERRITORY to the VILLAGE, the parcel shall be classified under the existing zoning ordinance as M -3 Manufacturing. The TERRITORY will be subject to the terms of the M -3 district with the following exceptions: a. The RAILROAD shall be permitted to continue all existing and future rail operations, including building of additional trackage if future business levels dictate the need; and 2 b. The TERRITORY is accepted by the VILLAGE as it exists upon the signing of the Agreement; and c. The VILLAGE agrees not to impose any speed restrictions, fees, costs, taxes, special assessments or special service fees of any kind in the RAILROAD against the RAILROAD'S approval, which approval is in the sole discretion of the RAILROAD to give or deny. 2. Upon the Annexation of the TERRITORY to the VILLAGE, the RAILROAD agrees to waive and forebear from any right it might have under Village ordinances, state statutes or any other laws, to seek any amendment, modification, challenge, variation, variance, special use, or similar action, or court challenge to the Village Zoning Ordinance, which would allow it, or any assigns, to construct any outdoor advertising sign of any type on the TERRITORY. ARTICLE III NOTICE OF VIOLATIONS VILLAGE will issue no stop orders directing work stoppage on building or parts of any project without giving notice of the Section of the Code allegedly violated by the RAILROAD, so the RAILROAD may forthwith proceed to correct such violations as may exist. Moreover, the VILLAGE shall have an opportunity to correct possible violations. This paragraph shall not restrain the Building Official from issuing a stop work order in any case where he considers a continuation of the work to constitute a threat to the health, safety or welfare of the public or employees on or near the site. VILLAGE shall provide the RAILROAD notice as required by Statute of any matter, such as public hearing, proposed building code changes and policy changes or other matters which may affect the TERRITORY or development of it under this Agreement. ARTICLE IV TERMS OF THIS AGREEMENT This agreement shall be binding upon all the parties hereto, their respective successors and assigns for a period of twenty (20) years. All of the terms and conditions provided herein shall run with the land. 3 08091193 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. VILLAGE of LEMONT, • is Municipal Corporation STATE OF TEXAS ) SS COUNTY OF TARRANT ) By: Its: THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware Corporation Asst. V.F. Prop. Mgmti• I, Dons P. Lod i C S , a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Ethel Allen SfeP le. , by: AVP, Property AAgm't, , personally known to me to be the same persons whose name is su scribe to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act. Given under my hand and Notarial Seal this/20 day of CJU/ , 1998. DORIS P. LODICS NOTARY PUBLIC STATE OF TEXAS My Comm. Exp. 01 -17 -2000 My commission expires: l -/7 Zoo o Fotary Public 4 odica) 1 8091193 l EXHIBIT A ALL OF THOSE PARTS OF THE BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT -OF -WAY LOCATED IN SECTION 19, 20 AND 30, TOWNSHIP 37 NORTH RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, EXCEPTING THEREFROM ANY PORTION OF SAID RIGHT -OF -WAY LOCATED WITHIN THE INCORPORATED LIMITS OF LEMONT OR ANY OTHER MUNICIPALITY. PIN #' S: 22 -21- 501 - 001;002; 22-20-500-001;003;004;005;006;007;009; 22 -19- 500 -002 22 -19- 400 -015 22 -19 -500- 001;003 22 -30- 500 - 001;002; \ \ \, COOK - COUNTY \ \ rCl \ \ \ 0 of rya :ORPORATE LIMIT IOW ur pf 1 g: Lam... tr . of �• •.� 11111011.0A ma' 1011— u ,11� :' Ii. m ,�,.• II 111111 Mill BB BB I HMIs ;!, ■� iv' "111.11':11111 SIP �I111 Il::lllillf.., • 111111-11111f m lllltwisl Est niin siiiiiii;iluthum RPc o -o C) rn �riiiiil��■ ■���e�rnm���•_�. - -- = 111111 ► = •������� iimi l / 11111111111:;._ �41_04 %' � 11111111111111 ��� =� � j ���•,�I 111111111111111111111111111 !IIIIIIINI'� �_. �� 11; t. nip ' • ��Is, \111 111 • iIIIIII11111111flIIIIIIi 111 II►�� _