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O-781-93 04/26/93u VILLAGE OF LEMONT ORDINANCE NO. 771/ ITEM C.1. VILLAGE OF LEMONT 418 Main Street Lemont, IL 60439 93402114 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 13.4 ACRE PARCEL GENERALLY LOCATED NORTH OF MAIN STREET AND WEST OF THE INTERSECTION WITH PARKER ROAD FOR K-5 CONSTRUCTION COMPANY PROPERTY ADOPTED BY THE - PRESIDENT AND BOARD OF TRUSIT4E.S,7 OF THE VILLAGE OF LEMORZ66.. .t9965 This A6 day o Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will and DuPage Counti I linois, this :)47day of , 1993. 1993. CD 4 ORDINANCE NO. k AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR A 13.4 ACRE PARCEL GENERALLY LOCATED NORTH OF MAIN STREET AND WEST OF THE INTERSECTION WITH PARKER ROAD FOR K -5 CONSTRUCTION COMPANY PROPERTY WHEREAS, the Annexation Agreement has been drafted, a copy of which is attached hereto and included herein; and WHEREAS, the legal owners of record of the territory which is the subject of said agreement are ready, willing and able to enter into said agreement and perform the obligations as required therein 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 "K -5 CONSTRUCTION COMPANY ANNEXATION AGREEMENT" dated the _2(, day of , 1993, (a copy of which is attached hereto and made a pa t�f). SECTION 2: That this ordinance shall be in full force and effect from and after its passage, approval, and publication iiS.1 pamphlet form as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF F THE VILLAGE OF LEMONT, COUNT EIS_ OF COOK, DuPAGE, AND WILL, 2 ILLINOIS, on this _day of G� 1993. ANNEXATION AGREEMENT / To THIS AGREEMENT made and entered into this QC day of , 1993, 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 the "Village "), and K -5 CONSTRUCTION COMPANY (hereinafter referred to as the "Owner "). W I T N E S S E T H: WHEREAS, the Owner is the owner of record of the property legally described in Exhibit A attached hereto and made a part hereof (hereinafter referred to as the "Subject Property "), which property is subject to this Annexation Agreement; and WHEREAS, the Owner has submitted to the Village a Petition for Annexation; 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 corporate authorities of the Village have considered the annexation of the Subject Property; and WHEREAS, the Subject Property is presently contiguous to the Village, and none of said property is presently within the corporate limits of any other municipality; and WHEREAS, the parties wish to enter into a binding agreement with respect to said annexation, zoning and development, and to other related matters, pursuant to the provisions of Division 15.1 of Article Eleven of Chapter 65 of the Illinois Compiled Statutes, upon the terms and conditions contained in this agreement; and WHEREAS, all Public Hearings as required by law have been held by the different departments, commissions, boards, and other governmental bodies of the Village, and each has submitted various reports and recommendations, or both, required of them; and WHEREAS, the annexation of the Subject Property to the Village will be beneficial to the Village, will properly and beneficially extend the corporate limits and the jurisdiction of the Village, will permit the sound planning and development of the Village, and will otherwise promote the proper growth and general welfare of the Village; and WHEREAS, the corporate authorities of the Village have been authorized to execute this Agreement; NOW, THEREFORE, for and in consideration of the mutual covenants, promises and agreements hereinafter set forth, the parties hereto agree as follows: 1. The Owner has filed with the Village clerk of the Village a duly executed petition, pursuant to and in accordance with the provisions of Section 5/7 -1 -8 of Chapter 65, Illinois Compiled Statutes, to annex the Subject Property to the Village. It is expressly understood and agreed, however, that the action of the Village with respect to said petition of the Owner for the annexation of the Subject Property shall be, and hereby is, made expressly contingent upon the Subject Property being legally contiguous to the Village at the time of said annexation and expressly contingent upon said property being validly zoned and 2 classified under the applicable ordinance of the Village, all as hereinafter provided. 2. The Village hereby agrees to annex the Subject Property upon the terms and conditions of this agreement. 3. The Subject Property is currently used for commercial manufacturing activities including the sale of minerals, sand, gravel, topsoil and other aggregates. In reviewing the Owner's Annexation Petition and this Agreement, the corporate authorities of the Village have given due consideration to the use of the Subject Property for such purposes. The Village hereby agrees to adopt the necessary ordinances to zone the Subject Property M -3, General Industrial District. The Village further agrees that the current construction, concrete or asphalt mixing plants, and ready - mix operations on the Subject Property are permitted uses within the M -3 Manufacturing zone. The operation, storage and construction of all buildings, structures and equipment necessary to accomplish the foregoing shall be permitted on the Subject Property. Related operations including stone crushing shall be permitted provided that no excavation or landfilling occurs. 4. The Village agrees that all structures and improvements now located on the Subject Property shall not be subject to Village building, zoning, health, safety and fire codes, provided, however, any remodeling of over fifty percent (50 %) of the square footage of such structures and improvements shall meet Village codes, and construction of all new structures and improvements shall be subject to Village codes and ordinances in effect at the time of 3 such construction, excluding only those pieces of equipment used in the manufacture, blending and storage of bituminous materials. 5. This agreement shall expire on the A " day of 4 , / , 2013. Extension beyond this date will be allowed in the event state statute is amended. 6. The Village shall not adopt or enforce any ordinance which is more restrictive than the existing regulations of the County of Cook or State of Illinois Department of Transportation, which are applicable to (a) truck traffic involved in the transportation of products on any major (principal) arterial of the County or State or (b) truck traffic involving transportation by the Owners of mixed products. The Village and the Owners will jointly pursue alternate routes of truck traffic, bypassing, if at all possible, the Lemont downtown commercial district. 7. The Village shall extend the necessary water mains to provide service to the Subject Property via an approved Tax Increment Finance (TIF) district and /or Special Service District funding if that TIF or Special Service District funding has been mutually agreed upon by Village and Owner within five (5) years of the date of annexation. Said water main service line shall be extended to the property line of the Subject Property at a point mutually agreeable to the parties. No tap -on fees for water service nor any other water service connection charge or fee shall be payable to the Village for any service connections serving the present structures or facilities on the Subject Property. Until the water service line is extended, the Owner may continue to use 17TTZO6 its well for manufacturing, domestic service, and all other uses. When the water service line has been extended and the Owner has tapped on thereto, the Owner shall cease to use its well for domestic service (e.g., lavatory and kitchen uses) but may, at its discretion, continue to use the well for all other uses, including without limitation, its manufacturing uses and outdoor water uses. 8. If the Village, for any reason, fails to establish a funding mechamism for the extension of water mains and service lines to the Subject Property as set forth in Paragraph 7 hereof within five (5) years of the date hereof, the Owner, at its option and at its sole discretion, may declare this agreement null, void and of no further force and effect. Within sixty (60) days after receiving notice that the Owner has exercised its option under this paragraph, the Village shall take all necessary steps and pass all ordinances necessary to disconnect the Subject Property from the Village. 9. The Village hereby agrees that it shall rebate to the Owner that portion of the real property taxes assessed against the Subject Property for Village taxes for a period of ten years. Rebates shall be made upon receipt of paid tax receipts provided within one year of payment. The rebate shall cease to exist with respect to any portion of the subject property at the time said portion is developed for another use or sold to an unrelated third party. 10. The Village agrees that there shall be no annexation fees, impact fees (including but not limited to school and park 5 donations), nor any special taxes for special license charges, or the like assessed against the Owner of the Subject Property during the term of this Agreement; however, it is understood that if the Village and the Owner mutually agree, a Special Service District may be established as a utility extension financing mechanism. 11. The Village agrees that it will not make nor create any special service areas nor any special assessments against the Subject Property during the term of this Agreement except if the Village and the Owner mutually agree to establish a Special Service District as a utility extension funding mechanism as noted in Paragraph 10 above. 12. The Village further agrees to waive any application, filing, review, escrow and publication fees which would otherwise be assessed by the Village for the original annexation and zoning of the Subject property. 13. This agreement shall inure to the benefit of, and the binding upon, the successors in title of the Owner, and each of them, their respective successors, grantees, lessees, and assigns, and upon successor corporate authorities of the Village and successor municipalities. It is understood that this agreement shall run with the land and, as such, shall be assignable to and binding upon subsequent grantees, lessees, and successors in interest of Owner, and each of them, and, as such, this agreement and all exhibits hereto shall be recorded with the Recorder of Deeds of Cook County, Illinois. 14. It is agreed that the parties hereto may in law or in 6 VICICZO .s equity, by suit, action, mandamus, or any other proceeding, including specific performance, enforce or compel the performance of this agreement, which shall include the right of the parties to recover a judgement for monetary damages against each other, provided, however, that the Owner shall not have a right to recover a judgement for monetary damages against any elected or appointed official of the Village for any breach of any of the terms of this agreement. 15. The agreements contained herein shall survive the annexation of the Subject Property and shall not be merged or expunged by the annexation of the Subject Property or any part thereof to the Village. 16. The parties acknowledge and agree that the individuals who are members of the group constituting the corporate authorities of the Village are entering into this agreement in their corporate capacities as members of such group and shall have no personal liability in their individual capacities. 17. Notices or other writings which any party is required to or may wish to serve upon any other party in connection with this agreement shall be in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the Village, or to the corporate authorities: 7 Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 with a copy to: John P. Antonopoulos Antonopoulos, Virtel & Groselak, P.C. 15419 127th Street Lemont, IL 60439 If the Owner: George Krug, Jr. K -5 Construction 1801 Main Street Lemont, IL 60439 or to such other address as any party may from time to time designate in a written notice to the other party. 18. If any provision, clause, word or designation of this agreement is held to be invalid by any court of competent jurisdiction, such provision, clause, word, or designation shall be deemed to be excised from this agreement and the invalidity thereof shall not effect any other provision, clause, word, or designation contained herein. VITZOI/C6 8 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officers duly authorized to execute same, the day and year first above written. ATTEST: 70' OWNER l K- Pit/ �oi✓STie ✓cTio.� GoRPoRATion/ 6/: G F_ a .e 6 .E_ KR c R VILLA E PRESIDENT VILLAGE CLERK Parcel Numbers 22 -15- 200 - 003;- 015; -016 Kenneth Bromberek Barbara Buschman Bert Ercoli Richard Kwasneski William Margalus Ralph Schobert Joseph Forzley AYES NAYS PASSED ABSENT X X X X X Approved by me this 022 day of Attest: X X CHARLENE SMOLLEN, Village Clerk CHARLENE SMOLLEN, Village Clerk Mail to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 ,1993. . FO ZLEY, Vi age resident Parcel Numbers: 22 -15 -200- 003;- 015; -016. EXHIBIT A PLAT OF ANNEXATION Part of Lot 3 in Joseph N. Pew's Division (excepting the West 100.5 feet of the East 120.5 feet and except the Northwesterly Township 37 North, Range 11 East or the Third Principal ,Meridian, lying So t loft thereof) of that icht of Section 15, _ 21, ,� Suu!h of the Illinois and Michigan Canal, according to the pea! thereof recorded April '`�, 1911 as Document No. +, .736, in Cook County, Illinois, described as follows: Beginning at the point of intersection of the Southeasterly right-of -, co. Garter • said Section 15; !'hence North line of the Gulf, Mobile and Ohio Railroad with the South line of the Southeast Q' �- Section 66'36'48" East along the Southeasterly right-of-way line of said Gulf Mobile and Ohio Railroad 1516.59 feet; 0`2509 Sou th East 355.75 feet th'- 23 °23'12" East 243.00 feet; thence North 66 °36'48" East 344.09 feet: thence South 16 °37'01" t 75 et_,to line w line of the Sag Lemont Highway; thence Southwesterly along the said Northerly r` ht- Y on Northerly c right-of-way 1 feet ar, arc distance of 254.30 feet to a point of tangent; on a curve convex to the said North having a y line of h56 40 South line of the Southeast Quarter of said continuing along nc' right-of-way line South g5sai'0S" West 123.07 557.42 feet to - a place of beginning, all in Cook of said Section 15; thence South 8B °53'32" West along said South line County, Illinois. SCALE.' = 200' ( 400 0 ICO 200 Os P South Line of The S.E.1 /4 of Section 15 -37 -11 STATE OF ILLINOIS ) 5S. COUNTY OF W I L L JOSEPH A. SCHUDT 6 ASSOCIATES hereby certify that the plat hereon drawn has been prepared at and under their supervision from official plats and records. Frankfort, Illinois, JOSEPH A. SCHUDT E. ASSOCIATES BY: Cy v4 , A.D. 1993 APPROVAL OF VILLAGE BOARD 655.8' STATE OF ILLINOIS ) ) SS. COUNTY OF C 0 0 K APPROVED by the President and Board of Trustees of the Village c Lemont, Cook County, Illinois, at a meeting held on the day of , A.D. 1993. BY: llinois Profs .ona1 Land Surveyor No. 1553 /r v ATTEST: President Village Clerk This Instrument No. was filed for record in Recorder's Office of Cook County, Illinois, on the day of _ A.D. 1'93 at ..- -• —. -. o'clock M.