O-860-94 10/10/94ITEM VI.C.2
VILLAGE OF LEMONT
ORDINANCE NO. E6
AN ORDINANCE AUTHORIZING THE EXECUTION OF A
SECOND AMENDMENT TO AN ANNEXATION AGREEMENT FOR A
ONE ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF
ARCHER AVENUE AND MC CARTHY ROAD
FOR DEVELOPMENT BY AMOCO OIL COMPANY
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This /t Zt day of
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village of
Lemont, Counties of Cook, Will, and
DuPage, Illinois, this /0 ex--
day of (0-z -- , 1994
,1994.
ORDINANCE NO. (C)
AN ORDINANCE AUTHORIZING THE EXECUTION OF A
SECOND AMENDMENT TO AN ANNEXATION AGREEMENT FOR A
ONE ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF
ARCHER AVENUE AND McCARTHY ROAD
FOR DEVELOPMENT BY AMOCO OIL COMPANY
WHEREAS, the Village of Lemont previously made and entered
into an Annexation Agreement with LaSalle National Bank, N.A.
Successor Trustee to LaSalle National Bank as Trustee u/t Agreement
dated 10/01/87, and commonly known as Trust No. 112663 and not
personally, (hereinafter referred to as "OWNER ") and AMOCO OIL
COMPANY, (hereinafter referred to as "DEVELOPER"), known as Village
of Lemont Ordinance No. 723, dated March 23, 1992; and
WHEREAS, the TERRITORY to which said Agreement refers is an
approximately one -acre parcel at the southeast corner of Archer
Avenue and McCarthy Road, and is legally described as follows:
PARCEL 1: THAT PART OF LOTS 9 AND 16 IN COUNTY CLERK'S
DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11, EAST OF
THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT OF INTERSECTION GENERATED BY A
LINE 74.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF
SAID LOT 9, SAID LINE ALSO BEING THE NORTH AND SOUTH CENTER
LINE OF SAID SECTION 27 AND THE SOUTH LINE OF Mc CARTHY ROAD
(123rd STREET)', SAID LINE BEING A LINE 50.00 FEET SOUTH OF AND
PARALLEL WITH 'THE EAST AND WEST CENTER LINE OF SAID SECTION
27; THENCE SOUTH 89 DEGREES 36 MINUTES 52 SECONDS WEST, ALONG
THE LAST DESCRIBED LINE, FOR A DISTANCE 152.48 FEET TO A POINT
ON A LINE 50.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH THE
NORTHWESTERLY LINE OF SAID LOT 16 (SAID SOUTHWESTERLY LINE
ALSO BEING THE SOUTHEASTERLY LINE OF A A PARCEL OF LAND
CONVEYED TO THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF
ILLINOIS BY WARRANTY DEED RECORDED ON OCTOBER 15, 1979 AS
DOCUMENT NO. 25191850); THENCE SOUTH 46 DEGREES 53 MINUTES 18
SECONDS WEST, ALONG THE LAST DESCRIBED LINE FOR A DISTANCE OF
122.93 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL
CONVEYED TO THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF
ILLINOIS (SAID SOUTHERLY CORNER BEING ON A LINE DRAWN
PERPENDICULARLY TO THE NORTHWESTERLY LINE OF SAID LOT 16 AND
68.50 FEET DISTANT FROM THE POINT OF ITS INTERSECTION WITH A
LINE 50.00 FEET SOUTH OF AND PARALLEL WITH THE EAST AND WEST
CENTER LINE OF SAID SECTION 27); THENCE SOUTH 43 DEGREES 06
MINUTES 42 SECONDS EAST, ON THE LAST DESCRIBED LINE, FOR A
DISTANCE OF 162.94 FEET TO A POINT ON A LINE 253.11 FEET SOUTH
OF AND PARALLEL WITH THE EAST AND WEST CENTER LINE OF SAID
SECTION 27; THENCE NORTH 89 DEGREES 36 MINUTES 52 SECONDS
EAST, ALONG THE LAST DESCRIBED LINE FOR A DISTANCE OF 131.00
FEET TO A POINT ON A LINE 74.00 FEET EAST OF AND PARALLEL WITH
THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 27; THENCE
NORTH 00 DEGREES 02 MINUTES 18 SECONDS WEST, ALONG THE LAST
DESCRIBED LINE, FOR A DISTANCE OF 203.11 FEET TO THE POINT OF
BEGINNING, ALL IN COOK COUNTY, ILLINOIS.
PARCEL 2: THAT PART OF ARCHER AVENUE AND McCARTHY ROAD LYING
NORTHWESTERLY OF AND ADJACENT TO THE ABOVE DESCRIBED PROPERTY
NOT PREVIOUSLY ANNEXED TO THE VILLAGE OF LEMONT, COOK COUNTY,
ILLINOIS.
WHEREAS, DEVELOPER intends to develop and establish an
automobile service station and car wash on the TERRITORY; and
WHEREAS, the DEVELOPER has submitted to the VILLAGE a petition
to amend the orginal annexation agreement so that an approved
special use permit may be amended to permit the addition of take-
out fast -food restaurant service as an accessory use; and
WHEREAS, the Planning & Zoning Commission of the Village of
Lemont, Illinois conducted a Public Hearing on September 6, 1994 on
the petitioner's request to amend the special use permit and a
majority of the Planning & Zoning Commission voted to recommend
approval of the amendment request; and
WHEREAS, notice of the aforesaid Public Hearing was made in
the manner provided by law and was published in the Lemont
Metropolitan, a newspaper of general circulation within the
Village; and
WHEREAS, the parties desire, pursuant to Chapter 24, Article
11, Division 15.1 of the Illinois Revised Statutes, to amend the
Annexation Agreement as provided herein; and
WHEREAS, pursuant to the provisions of that statute, the
corporate authorities of said Village has duly fixed a time for and
held a public hearing upon the amendment to the annexation
agreement and has given notice of said hearing; and
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND
DuPAGE, STATE OF ILLINOIS, AS FOLLOWS:
SECTION 1: That the Amoco Oil Annexation Agreement, known as
Village of Lemont Ordinance No. 723, dated March 23, 1994, shall be
amended so that Article II, entitled "Zoning and Land Use
Restrictions ", shall read as follows:
Upon Annexation of the TERRITORY to the VILLAGE, the
parcel shown on the site plan attached as Exhibit "B" dated
April 4, 1994 (revised 5- 31 -94) shall be classified as a "B -3
Commercial District" to permit the operation of an automobile
service station and car wash as provided under Section VIII -E .
of the Village of Lemont Zoning Ordinance and certain
2
variations be granted as may be required under Section VIII -E,
6 of the Zoning Ordinance subject to and in conformity with
the following:
1. The territory be developed in accordance with the site
plan attached as Exhibit "B" dated April 4, 1994 (revised
5- 31 -94).
2. A variation is granted to allow the reduction in the
side -yard setback from 20 feet to 10 feet.
3. One monument sign be allowed as depicted on attached
Exhibit "3" dated April 4, 1994 (revised 5- 31 -94).
4. Prior to the issuance of a building permit, lighting plan
be approved by the Village Engineer.
• 5. Prior to the issuance of an occupancy permit, a detailed
landscaping plan be approved by the Village Planning
Staff. Flags and banners shall not be used, with the
exception of the time of the grand opening of the
station.
SECTION 2: That all other provisions of said Amoco Oil Annexation
Agreement, as originally approved and heretofore amended, are to
remain in full force and effect.
SECTION 3: 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 LEMONY COUNTIES OF COOK, WILL, AND DuPAGE,
ILLINOIS, on this /6c7/4--- day of ( -mot , 1994.
Barbara Buschman
Alice Chin
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
giLA
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AYES NAYS PASSED ABSENT
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CHARLENE SMOLLEN, Village Clerk
Approved by me this - •ay of d127-I., , 1994.
Atte
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CHARLENE SMOLLEN, Village Clerk
Mail to:
Village Clerk
Village of Lemont
418 Main Street
Lemont, Illinois 60439
PIN 22 -27- 303 -001
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LESEI, Village President