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O-716-92 03/09/92RAY 91 923'70116 VILLAGE OF LEMONT ORDINANCE NO. r2/67 ITEM VI.B.1 i VILLAGE OF LEMON 418 Main Street Lemont, I1 60439 DEPT -09 $3.00 Ts33 : 3RAN 6055 05/28/92 10 :10:00 '45799 - * -92-3701118 C:OOr COUNTY RECORDER AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO 9/, 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. Zaij I J1'ryc) 0 4 1A ORDINANCE NO. 716 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO WHEREAS, the Annexation Agreement has been drafted, a copy of which is attached hereto and included herein; and WHEREAS, the 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" 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. Kenneth S. Bromberek Barbara Buschman Bert Ercoli Richard Kwasneski William Margalus Ralph Schobert AYES NAYS PASSED ABSENT V V v ENE SMOLLEN, Village Clerk Approved by me this 9th day of March, 1992. &f:**1 Attest: CHARLENE SMOLLEN, Village Clerk \B: \ORDINANCE \MWRD.AUT . FORZLEY, Vil ge P y sident 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 "); 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, B, and C). which real estate is hereinafter referred to as the "Subject Property "; and WHEREAS, the Subject Property is vacant and is not included within the corporate limits of any municipality , but is contiguous to the Village of Lemont; and WHEREAS, the Owner 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, 1992 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 CO A 'WHEREAS, the Owner has 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 IndustriaI 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. 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. 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. 9. This Annexation Agreement shall be valid and binding for a period of twenty (20) years from the date of this Agreement. 10. 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. 11. 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. 12. 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. (SEAL) A'1"1`I?ST: Village Clerk (SEAL) A'1"1`EST: VILLAGE OF LEMONT, COOK COUNTY ILLINOIS BY: illage `President METROPOLITAN WATER RECLAMATION \B: \ANNEX\METROPOLITAN.PET STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I,� d 402A. ILL 441,i , a Notary Public in and for said County, in the // State aforesaid, DO HEREBY CERTIFY that 61c i At aro Asroski , personally c c.x.) known to me to be the Chairman of the Committee on Finance of the Board of Commissioners of the METROPOLITAN WATER RECLAMATION DISTRICT OF cs� GREATER CHICAGO, a municipal corporation, and Gds Cr -- 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 LAS day of ,Ait3j,dr2`% 1 „...<1ke NOTARY PUBLIC My Commission expires: APPROVED AS TO FORM AND LEGALITY: &e.€444:4))7 Head Assistant Attorney t i Dated: I'- Z 47^ 74Q Dated: / APPROVED AS TO PLAT AND LEGAL DESCRIPTION: Dated: 6A- Z Chief Engineer APPROVED: General Superintendent Dated: EXHIBIT A That port of Section 11, Township 37 North, Range 11 Eost of the Third Principal Meridian, lying South of the North line of the Des Plaines Diversion Channel, North of the South line of the Sanitary Drainage and Ship Canal and West of the West line of Route 83. ALSO That port of Section 14, Township 37 North, Range 11 East of the Third Principal Meridian described as follows: Beginning at the intersection of the West line of Section 14, and the centerline of Des Plaines River Diversion Channel; Thence Northeasterly along said centerline to the North line of said Section 14; thence East along lost said North line to the Southeasterly line of Sanitary Drainage and Ship Canal; thence Southwesterly along last said Southeosterly line to the North line of the Calumet Sog Channel; thence East along last sold North line to line 80 feet West of and parallel to the West line of the Chicago 8 Alton Railroad Right -of Way; thence Southwesterly along last said East line to the South line of said Calumet Sog Chonnel; thence Westerly olong last said South line to the West line of said Section 14; thence North along last said West line to the place of beginning ; AND ALSO - .That port of the Northeost quarter of Section 14, Township 37 North, Range 11 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the South line of 107th Street and the East right -of -way line of Route 83 (now known as Tri -State Rood); thence South 141.1 feet along sold East right -of -way line to a place of beginning; thence continuing South 620 feet more or less along said East right -of -way line to a line 50 feet South of and parallel to the South line of the Calumet Sag Channel; thence West along lost described line to the East line of the Chicago- Joliet and Chicago 8 Des Plaines Volley Electric Railroad right -of -way; thence Northeosterly 550 feet more or less, along last said East line to the South line of a parcel containing 0.54 acres; thence Eost 221.3 feet along last said South line; thence North 157.4 feet along the East line of said parcel to the South line of Gront Rood; thence Easterly 175.3 feet along last sold South line; thence East 570 feet more or less, to the place of beginning, excepting that port sold to Ward T. Huston, all in Cook County, Illinois. Doet rLtar p1 PA1eJ) BY VILL 6 0? LOW - Li It MAIN Sift' LEr'o T IL bOM11 d c L- Nos 10-11 -4o2. -001. 10-11- L(62 -- 00E 16-11 -454 - 001 �0 -11 -404 -002 10-1' - )06 - 601 iD-1' - to C o07. t0• t - to- 001 16- iS -ZOZ- 001 co -15- 20/- 002_ 10-(S- 3 V 1 ` I 6 ' 1 2 3AZ-" OM. It -1D- 301-00, 10° Or 401 -00'� 10- CO "162.- 001 16- Kr 107) -801 CC) tco f, • • EXHIBIT B fr Lots U and V and that part of Lot 198A lying East of a line normal to the North line of Lot U a distance of 686.0 feet Southwest of the intersection of said North line and the Cook - DuPage County line in the Sanitary District Trustees Subdivision, Township 37 North, Range 14, East of the Third Principal Meridian, as recorded January 31, 1895 per Document No. 2788576, in Cook County, Illinois; AND Lot 52 in the City Clerk's Division of Section 21, Township 37 North, Range 11, East of the Third Principal Meridian, as recorded April 30, 1880 per Document No. 269438, excepting K.A. Steel Corporation, in Cook County, Illinois; AND That part of the Northwest quarter of Section 21, Township 37 North, Range 11, East of the Third Principal Meridian, lying North of a line 100 feet South of and parallel to the South line of the Des Plaines River Diversion Channel, excepting therefrom that part sold to Ward T. Huston, all in Cook County, Illinois; AND That part of Section 16, Township 37 North, Range 11, East of the N Third Principal Meridian, lying South of the North line of the Des Plaines River Diversion Channel and lying North of the Cook - DuPage ? County line, excepting therefrom that part taken for the Lemont Industrial District, all in DuPage County, Illinois; AND Lots 198, 200 and 201 in the Sanitary District Trustees Subdivision of Right -of -way from the North and South centerline of Section 30, Township 37 North, Range 14, East of the Third Principal Meridian, as recorded March 31, 1908 per Document No. 4180218, (excepting therefrom Lot 201 that part leased to K.A. Steel) in Cook County, Illinois. EXHIBIT C That part of Section 15, Township 37 North, Range 11, East of the Third Principal Meridian, described as follows: Beginning at the intersection of the East line of said Section 15 and the South line of the Main Channel of the Sanitary Drainage and Ship Canal; thence Southwesterly along last said South line to the North -South Centerline of said Section 15; thence Southeast on a line normal to last traversed line to the North line of the Illinois & Michigan Canal; thence Southwesterly along last said North line to the DuPage County line; thence Westerly along last said DuPage County line to the West line of said Section 15; thence North 881.07 feet along said West line to the North line of the Des Plaines River Diversion Channel; thence Northeasterly along last said North line to the East and West centerline of said Section 15; thence East along said centerline to the North bank of the Des Plaines River Diversion; thence Southeast to the centerline of said river; thence Northeasterly along the centerline of the Des Plaines River Division to the East line of said Section 15; thence South along last said East line to the place of beginning, all in DuPage County, Illinois. 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