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O-718-92 03/09/9293AUG26 PH le: I w MO 2 * 9237011'7 VILLAGE OF LEMONT ORDINANCE NO. -7/F 7ITEM VI. B.3' VILLAGE OF LEMONT 1, 418 Main Street I Lemont, I1 60439 4713 at- 6 -7,2-1-- r.2_ r. AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO AND POWELL DUFFRYN TERMINALS, INC. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 9th day of March, 1992. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will and DuPage County, Illinois, this 9th day of March, 1992. DEPT -09 MISC. 1 $3.00 Ta3333 IRAN 6855 05/28/92 +5s o $ -3F --- t{ �„ ..._, ,_? " 0 3. COOK COUNTY RECORDER 1 ORDINANCE NO. 77 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO AND POWELL DUFFRYN TERMINALS, INC. WHEREAS, the Annexation Agreement has been drafted, a copy of which is attached hereto and included herein; and WHEREAS, the legal owner of record of the territory which is the subject of said agreement are ready, willing and able to enter into said agreement and to perform the obligations as required hereunder; 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, COUNTY OF COOK, WILL AND DUPAGE, 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 "METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO AND POWELL DUFFRYN TERMINALS, INC." dated the 2nd day of May, 1991, (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. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTY OF COOK, WILL AND DUPAGE, ILLINOIS, on this 9th day of March, 1992. iShe AYES NAYS PASSED ABSENT co Kenneth S. Bromberek Barbara Buschman Bert Ercoli Richard Kwasneski William Margalus Ralph Schobert CHARLENE SMOLLEN, Village Clerk Approved by me this 9th day of March, 1992. Attest: h2,e-I/_e-/A--- CHARLENE SMOLLEN, Village Clerk \B: \ORDINANCE \MWRD.AUT 1 LO EY, Vi g esident co CO C-0 METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO ANNEXATION AGREEMENT THIS AGREEMENT, made this 2nd day of May , 1991, by and between the Village of Lemont, Cook County, Illinois, a municipal corporation (the "Village "), and the METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO (the "Owner "), and POWELL DUFFRYN TERMINALS, INC. (the "Lessee "); WITNESSETH: WHEREAS, the Owner is the owner of record of certain real estate which is located in an unincorporated portion of Cook and DuPage Counties, and is legally described as follows: (Legal description is attached hereto and made a part hereof and identified as Exhibits A) which real estate is hereinafter referred to as the "Subject Property"; and WHEREAS, the Lessee is the lessee of the Subject Property and is not included within the corporate limits of any municipality, but is contiguous to the Village of Lemont; and WHEREAS, the Owner and Lessee desires that the Subject Property be annexed to the Village and zoned under certain terms and conditions and in the manner herein specified, and it is in the best interest of the Village that the Subject Property be so annexed and developed in accordance with the provisions of this Agreement; and WHEREAS, on March 9 , 19 9 2 , the President and Board of Trustees of the Village conducted a public hearing on the proposed Annexation Agreement; and further that the aforementioned public hearings were held pursuant to due and proper notice as prescribed by statute; and WHEREAS, the Owner and the Lessee have presented to and filed with the Village Clerk of the Village a duly executed Petition for Annexation of the Subject Property; NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS OF THE PARTIES HERETO, IT IS AGREED BY AND AMONG THE PARTIES HERETO AS FOLLOWS: 1. The parties hereto respectively agree to do all things necessary or appropriate to cause the Subject Property to be validly annexed to the Village as promptly as possible upon the execution of this Agreement; said annexation to be upon the terms and conditions set forth in this Agreement. 2. The Village shall within 60 days adopt an Ordinance zoning the subject property as M -3 under the Village of Lemont Zoning Ordinance and further allow any uses that are permitted under the general I -3 Industrial Zoning as delineated in the current Cook County Zoning Ordinance, and under the I -2 General Industrial District Zoning as delineated in the current DuPage County Zoning Ordinance. 3. No additional restrictions shall be imposed upon the Owner or any of its lessees, grantees of easements, permittees, licensees, or any other grantees of interest in land. 4. The Owner reserves the right to disconnect any portion of the annexed lands, and if it elects to do so, it shall so inform the Village of Lemont of this necessity and the Village shall within 60 days prepare and adopt an Ordinance of Disconnection. 5. The annexation of lands belonging to the Owner shall be subject to all existing easements, permits, licenses and any and all pipelines, transmission lines and other facilities occupying sub - surface, surface, and above surface land and air space in accordance with agreements executed by the Owner prior to the date of the Annexation Agreement. 0 6. The acceptance and execution of a Petition for Annexation and an Annexation Agreement shall in no way limit, lessen, or restrict the Owner's power or authority to exercise and discharge its corporate and statutory powers. 7. The Village of Lemont shall assume and pay all costs associated with the preparation of Annexation Plats together with preparation, filing and recording fees. 8. The Owner agrees to comply with the applicable provisions of the Building codes and all other ordinances and regulations of the Village, and as the same may be amended from time to time. 9. Notwithstanding the above, the Village agrees that at no time during the term of this Agreement will the Village interfere with any of the lawful operations of the Owner as they affect the Subject Property, or the Owner's property adjacent to the Subject Property but not within the corporate limits of the Village. 10. This Annexation Agreement shall be valid and binding for a period of twenty (20) years from the date of this Agreement. 11. This Agreement shall inure to the benefit of and be binding upon the Owner, their successors in title, assignees, lessees, subsequent developers of the Subject Property, and each of them, and upon the Village and successor corporate authorities and successor municipalities of the Village. 12. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties or by an appropriate action at law or in equity to secure the performance of the covenants herein contained. 13. If any provision of this Agreement is held invalid, such provisions shall be deemed excised from this Agreement, and the invalidity thereof shall not affect any of the other provisions contained herein. IN WITNESS WHEREOF, the parties hereto have placed their hands and corporate seals the day and year first above written. VILLAGE OF LEMONT, COOK COUNTY ILLINOIS (SEAL) ATTEST: ATTEST: Village Clerk (SEAL) ITAN WATER RECLAMATION OF GREATER CHICAGO -CO tin Chairman, Committee on (SEAL) AT'T'EST: POWELL DUFFRYN TERMINALS, INC. BY: a. ,- Chaintifttp- CQc-5 2r-,.'T STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I, Theodore Williamson , a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Gloria Alitto Majewski , personally known to me to be the Chairman of the Committee on Finance of the Board of Commissioners of the METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, a municipal corporation, and Gus Sciacqua , personally known to me to be the 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 Chairman of the Committee on Finance and such Clerk, they signed and delivered the said instrument as Chairman of the Committee on Finance of the Board of Commissioners and Clerk of said municipal corporation, and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the Board of Commissioners 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 Notarial Seal this U — day of ©c_( p FS �. r, 1991. My Commission expires: '°=--/LO c00.--er 14-.) (.12.12A_ NOTARY PUBLIC 'OFFICIAL SEW ?MOORE W1LUAMSON Nobly Pubic, SW w lands lay Commission Expires 2/19/93 • APPROVED AS TO FORM AND LEGALITY: x Head Assistant Attorney Dated: /0— !7—'9/ Dated: (7 ?( APPROVED AS TO PLAT AND LEGAL DESCRIPTION: APPROVED: Chief Engineer Dated: / ;, j ,/ General Superintendent Dated: /// /779( STATE OF NEW JERSEY ) SS. COUNTY OF HUDSON ) I, Danine Scirrotto, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Anthony G. Tucker, personally known to me to be the President of POWELL DUFFRYN TERMINALS, INC., an Illinois corporation, and Ronald R. Sprague, co personally known to me to be the Corporate Secretary of said corporation, and personally known -�- c.0 to me to be the same person whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and such Corporate Secretary; they signed and delivered the said instrument as President and Corporate Secretary of said corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority given by the Board of Directors of said corporation, as their free and voluntary act and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and Notarial Seal this day of 0:r- , 1991. NOTARY PUBLIC DANINE SCIRROTTO M_ emission expires: 19 S , NOTARY PUBLIC OF NEW JERSEY c , NY COMMISSION EXPIRES FEB. 15, 1985 , A, EXHIBIT A That part of the Northwest quarter of Section 14, Township 37 North, Range 11, East of the Third Principal Meridian, lying North of the South line of the Illinois & Michigan Canal and South of the South line of the Calumet Sag Channel as widened, excepting therefrom that part of the canal presently within the Village of Lemont, both in Cook and DuPage Counties, Illinois; AND That part of Section 15, Township 37 North, Range 11, East of the Third Principal Meridian, lying South of the Main Channel of the Sanitary Drainage and Ship Canal and North of the Illinois & Michigan Canal and East of a line drawn normal to the South line of said Main Channel from a point 500 feet West of the East line of said Section 15, as measured along said South line, all in DuPage County, Illinois. trIEN1 ptnlzeD BY: VILL mrttrNr 40 now 5'C LEcipNT, IC bU`tSi 1iL� PRO �o -fit (t )4$ -ot l0'15 �'� 00 --601