O-854-94 07/25/94VILLAGE OF LEMONT
ORDINANCE NO. a:5-4"
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
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
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This &5T day of
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, Will and DuPage
Counties llinois, thisa2, day
of ,(% , 1994.
PIN 22 -27- 303 -001
1994.
ORDINANCE NO.
65#
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
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, Article XI of the agreement, entitled "Reverter ",
provides that the zoning of the TERRITORY shall revert to R -1
Single- family Residence if improvements have not been completed
within two years from the date of the agreement; and
WHEREAS, the DEVELOPER has submitted to the VILLAGE a petition
to amend the orginal annexation agreement so that said reverter is
extended from two years to four years from the date of the
Agreement; 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 XI, entitled "Reverter ", shall read as
follows:
This annexation agreement shall be in effect for twenty
(20) years but if the Development and all of the improvements
have not been completed within four (4) years from the date of
this Agreement, the zoning of the TERRITORY shall revert to R-
1. If the terms of this Agreement are substantially violated
by OWNER or DEVELOPER, the zoning for the undeveloped portion
of the TERRITORY shall revert to R -1.
SECTION 2: That all other provisions of said Amoco Oil Annexation
Agreement, as originally approved, are to remain in full force and
effect.
2
FIRST AMENDMENT TO AMOCO ANNEXATION AGREEMENT
WHEREAS, an annexation agreement (Agreement) was entered into between
the Village of Lemont (Village) and Amoco Oil Company (Amoco) dated the 23rd day
of March, 1992; said Agreement executed by the Village pursuant to Ordinance No.
723;
WHEREAS, Amoco acquired the fee simple title and is the sole owner of the
territory described in the Agreement; and,
WHEREAS, the parties desire to amend the agreement to provide a two (2)
extension of time for Amoco to complete development of the territory as provided in
the Agreement,
NOW, THEREFORE, in consideration of the foregoing and the mutual
covenants and agreements of the Village and Amoco, the parties agree as follows:
1. Article XI entitled "Reverter" as contained on page 8 in the agreement is
hereby deleted and the following is substituted in its place:
XI
Reverter
This Annexation Agreement shall be in effect for twenty (20) years
but if the Development and all of the improvements have not been
completed within four (4) years from the date of this Agreement,
the zoning of the TERRITORY shall revert to R -1. If the terms of
this Agreement are substantially violated by OWNER or
DEVELOPER, the zoning for the underdeveloped portion of the
TERRITORY shall revert to R -1.
2. Except as herein amended, said Agreement shall remain in full force and
legal effect.
IN WITNESS WHEREOF, the parties have caused this First Amendment to the
Agreement to be executed on this
Village Clerk
ATTEST:
Assistant Secretary
day of , 1994.
GE OF LEMONT AND CORPORATE
T • RI THE EOF,
BY: rt
OA.
.
Pden
AMOCO OIL COMPANY,
By:
STATE OF ILLINOIS
COUNTY OF COOK
CORPORATE ACKNOWLEDGEMENT
SS
I, the undersigned, a Notary Public in and for the County and State
aforesaid, DO HEREBY CERTIFY, that
personally known to me to be the Real Estate Manager (West) of Amoco Oil Company,
and , personally known to me to be the Assistant
Secretary of said corporation, and personally know to me to be the same persons
whose names are severally acknowledged that as such Real Estate Manager and
Assistant Secretary, they signed and delivered this instrument and caused the
corporation seal of said corporation to be affixed thereto, 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.
1994.
Given under my hand and official seal, this
day of
(Seal)
The reqpest was approved, however
the Ordinance was not voted on.
MINUTES
VILLAGE BOARD MEETING
March 28, 1994
The regular meeting of the Lemont Village Board was held on Monday, March 28, 1994 at 7:30 p.m.,
President Richard Kwasneski presiding. Roll call: Buschman, Chin, Latz, Rimbo, present. Margalus and
Schobert absent.
Motion by Buschman, seconded by Latz, to approve the minutes of the last meeting. Voice vote: 4
yeas. Motion passed.
Motion by Rimbo, seconded by Latz, to approve the disbursements in the amount of $186,204.13. Roll
call: Buschman, Chin, Latz, Rimbo; ayes. Margalus and Schobert absent. Motion passed.
MAYOR'S REPORT
A. A Public Hearing for the Bailey's Crossing Annexation Agreement was opened at 7:35 p.m.
upon motion of Buschman, seconded by Rimbo. Roll call: Buschman, Chin, Latz, Rimbo; ayes. Margalus
and Schobert absent. Motion passed. Rick Suskinskas, a resident of Archer Avenue behind this 9.12 acres
stated that he saw no need at this time for townhomes in that area. Motion by Chin, seconded by Buschman,
to close the Public Hearing at 7:42 p.m. Trustee Chin had several questions pertaining to the landscape
design plan and fees for Bailey's Crossing. Motion by Latz, seconded by Buschman, to authorize execution
of Annexation Agreement for Bailey's Crossing. Roll call: Buschman, yes; Chin, no; Latz, yes; Rimbo, yes;
Kwasneski, yes. Margalus and Schobert absent. Motion denied. Motion by Chin, seconded by Buschman,
to refer this to the Committee of the Whole Meeting on April 18. Voice vote: 3 yeas, 1 nay. Motion passed.
B. A Public Hearing for the Amoco Oil Co. Annexation Agreement was opened upon Motion of
Rimbo, seconded by Latz. Roll call: Buschman, Chin, Latz, Rimbo; ayes. Margalus and Schobert absent.
Motion passed. Motion by Buschman, seconded by Chin, to close the Public Hearing at 7:55 p.m. Roll call:
Buschman, Chin, Latz, Rimbo; ayes. Margalus and Schobert absent. Motion passed. Motion by Rimbo,, 1_ seconded by Buschman, to approve the request to amend the Annexation Agreement by Amoco Oil Company.
Roll call: Buschman, Chin, Latz, Rimbo, Kwasneski; ayes. Margalus and Schobert absent. Motion passed.
L C. Motion by Chin, seconded by Buschman, to proclaim April 30 as Earth Day in Lemont. Voice
vote: 4 yeas. Motion passed.
D. Motion by Chin, seconded by Rimbo, to pass a proclamation congratulating the Lemont Bears
Wrestling Club for having participated in its first state meet and having ranked second place for the senior
division. Voice vote: 4 yeas. Motion passed.
Audience Participation - Agenda Items. - none.
CLERK'S REPORT
B. RESOLUTIONS
Resolution #308 - Approving Master Plan for General Fry's Landing. Motion by Rimbo,
seconded by Latz to adopt said Resolution. Voice vote: 4 yeas. Motion passed.
C. ORDINANCES.
Ordinance #833 - Restructuring Plan Commission and Zoning Board of Appeals. Motion
by Buschman, seconded by Rimbo, to adopt said Resolution. Roll call: Buschman, Chin,