O-851-94 07/25/94VILLAGE OF LEMONT
ORDINANCE NO. f51
ITEM vI.C.2
948E-C,°0 &•
VILLAGE OF LEMONT
418 Main Street
Lemont, IL 60439
. DEPT -09 1ISC:. $65.00
• T40003 IRAN 7159 10/04/94 11:08:00
. 41009 4 EB *- 94- 856064
. COOK COUNTY RECORDER
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR
LEMONT - BROMBEREK COMBINED SCHOOL DISTRICT #113 PROPERTY
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This 951 day of WA/ , 1994.
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 At5
day of 1994
RECQ DI'G F I" $ L .)
DATLL0' i1— DDF3.b
l - L CI LL
•
ORDINANCE (5/
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR
LEMONT - BROMBEREK COMBINED SCHOOL DISTRICT #113 PROPERTY
WHEREAS, the legal owners of record of the territory which is the subject of an
Annexation Agreement area are ready, willing and able to enter into said agreement and
perform the obligations as required therein; and
WHEREAS, a copy of said Annexation Agreement has been attached hereto and
included herein; 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, DU PAGE, 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 Lemont - Bromberek
Combined School District #113 Annexation Agreement dated the c:25-q..., day of
, 1994, (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, COUNTIES OF COOK, DU PAGE AND WILL, ILLINOIS,
on this 4,11 day of C . 1994.
AYES NAYS PASSED ABSENT
Barbara Buschman
Alice Chin
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Approved by me this v�6-a- day of
Attest:
/
CHARLE E M. SMOL EN, Village Clerk
v
v
CHARLENE M. SMOLLEN, Village Clerk
Mail to:
Village Clerk
Village of Lemont
418 Main Street
Lemont, IL 60439
SNESKI, Village President
ANNEXATION AGREEMENT
BETWEEN THE VILLAGE OF LEMONT
AND THE LEMONT BROMBEREK COMBINED
SCHOOL DISTRICT 113A
DATED July 25 , 1994 , 19 9 4
ANNEXATION AGREEMENT
ARTICLE TITLE
I Annexation
II Zoning and Land Use Restriction
III Water
IV Sanitary Sewers
V Storm Water Detention
VI Approval of Application
VII Damage to Public Improvements
VIII Access to 127th Street
IX Waiver of Fees
X Waiver of Recapture Fees
XI Compliance with Village Zoning and
Subdivision Ordinance
XII Terms of This Agreement
EXHIBIT
A
EXHIBIT
TITLE
Plat of Annexation
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this 0W/1 -day of
1994, between the VILLAGE OF LEMONT, a municipal
corp ra ion of the Counties of Cook, DuPage and Will, in the
State of Illinois (hereinafter referred to as "VILLAGE ") and
LEMONT BROMBEREK COMBINED SCHOOL DISTRICT 113A (hereinafter
referred to as "OWNER ").
WHEREAS, OWNER is the owner of record of the real estate
(hereinafter referred to as "TERRITORY "), described in the Plat
of Annexation, which is attached hereto as Exhibit "A" and by
this reference made a part hereof; and
WHEREAS, OWNER has submitted to the VILLAGE a Petition for
Annexation; and
WHEREAS, OWNER intends to build on the TERRITORY a publicly owned
and operated middle school; and
WHEREAS, OWNER intends to convey a portion of the TERRITORY to
the Lemont Park District to be used for public park purposes; 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, OWNER and VILLAGE agree that they will be bound by the
terms of this Annexation Agreement; and
WHEREAS, the new boundaries of the VILLAGE OF LEMONT, resulting
from this Annexation shall extend to the far side of every
highway and shall include all of every highway so annexed; and
WHEREAS, the parties desire, pursuant to 65 ILCS 5/11 -15.1 to
enter into an Agreement with respect to Annexation of the
TERRITORY and various other matters; and,
WHEREAS, pursuant to the provisions of the Statute, the corporate
authority of said VILLAGE duly fixed a time for and held a
hearing upon the Annexation Agreement and has given notice of
said hearing; and,
WHEREAS, the corporate authority of the VILLAGE has considered
the annexation and development of the TERRITORY described in the
Petition and has determined that the best interest of the VILLAGE
will be met if the TERRITORY is annexed to the VILLAGE and
developed in accordance with the provisions of the Agreement, and
WHEREAS, the OWNER has adopted a resolution recommending the
annexation of said territory by the Village of Lemont in
accordance with 65 ILCS 5/7 -1 -14.
NOW, THEREFORE, in consideration of the foregoing and of the
2
nutual covenants hereinafter contained, the parties agree as
follows:
1
I
ANNEXATION
Subject to the provisions of 65 ILCS 5/7 -1 -1, 65 ILCS 5/7 -1-
8 and 65 ILCS 7 -1 -14, the parties hereto respectively agree
to do all things necessary or appropriate to cause the
TERRITORY to be validly annexed to the VILLAGE as promptly
as possible upon the execution of this Agreement.
II
ZONING AND LAND USE RESTRICTIONS
1) Upon the Annexation of the TERRITORY to the VILLAGE, the
parcel described in the legal description attached as
Exhibit "A" shall be classified under the existing zoning
ordinance as R -1 Single Family Residence District which
zoning district classification permits the subject TERRITORY
to be used for public school and public park purposes.
During the term of this agreement the VILLAGE shall not
amend its Zoning Ordinance or Zoning Map as regards the
TERRITORY in a maanner that would be inconsistent with
OWNER'S intended use of the property for public school and
public park purposes.
2) That if exempt by State law, a building permit, will not be
required for OWNER to build a school upon the TERRITORY.
3) That the conveyance of portions of the TERRITORY to the
Lemont Park District and to the Illinois Tollway Authority
will not violate the VILLAGE's subdivision ordinance.
III
WATER
1) VILLAGE shall extend to OWNER'S building site, at its sole
expense, the existing water main from such off -site
locations in accordance with the engineering plans and
specifications to be approved by the VILLAGE Engineer.
2) All water mains constructed by VILLAGE shall remain
VILLAGE'S responsibility.
3) Water mains shall be designed in accordance with the
requirements of the State of Illinois Environmental
Protection Agency Bureau of Public Water Supply and the
domestic and fire protecting needs of the proposed
development.
4) VILLAGE agrees to reserve for a period of ten years adequate
water and water storage capacity to serve OWNER'S intended
development.
5) VILLAGE shall not charge OWNER tap -on or connection fees.
6) OWNER shall grant to VILLAGE a 15 foot wide permanent
easement and a 20 foot wide temporary construction easement
along the easterly boundary line of the TERRITORY for
installation of a VILLAGE owned and operated eight inch
water main. Said water main shall be installed by the
VILLAGE at the VILLAGE's sole expense from a connection
point off site to the proposed well and storage site. OWNER
shall be responsible for additional on -site mains. The
VILLAGE shall furnish and install, at its sole expense, fire
hydrants every 275 feet along said water main, and shall
allow the VILLAGE and the adjoining Lemont Park District to
tap said water mains /hydrants for lawn watering purposes.
The water supply must be metered. VILLAGE shall landscape,
seed and restore all property disturbed by the installation
of said water main.
7
8
OWNER shall grant and dedicate to the VILLAGE a 40,000
square foot parcel located at the southwest corner of the
subject TERRITORY, the westerly boundary line of said parcel
to be coterminous with the easterly boundary line of the
property to be dedicated by the Owner to the Illinois
Tollway Authority, the southerly boundary line to be
coterminous with the southerly boundary line of the within
described territory, and the easterly boundary line
coterminous with the westerly boundary line of the property
to be conveyed herein to the Park District. Said dedication
shall contain a covenant that property can only be used for
a well, pump house and reservoir. The specific location and
dimensions of said parcel to be specified by OWNER provided
that the location is within the above perimeter, provided
the southerly boundary line is not less than 100 feet in
width. OWNER shall furnish VILLAGE with title insurance
that verifies that the title to be dedicated is clear,
unencumbered and marketable. Pending the Village's
construction of said improvements the OWNER and Lemont Park
District shall have the free and unlimited use of said
parcel.
VILLAGE guarantees its ability to provide water to OWNER to
adequately serve OWNER's needs no later than the date OWNER
breaks ground for the construction of the proposed school.
The earliest date that ground will be broken for
construction of said school shall be Spring, 1995. In the
event VILLAGE has not completed construction of the on the
new on -site water supply facilities, as provided for above,
4
by the time OWNER breaks ground for the proposed school,
VILLAGE shall, in anticipation of said ground breaking, have
extended, at its sole cost and expense, its existing water
mains so as to serve OWNER's anticipated needs.
IV
SANITARY SEWER
OWNER shall extend, at its sole cost and expense, an
existing sanitary sewer main from such off -site locations,
in accordance with the engineering plans and specifications
to be approved by the VILLAGE Engineer. It shall be owner's
obligation to extend said main to OWNER's TERRITORY.
VILLAGE shall assist OWNER'S acquisition of any easements
which may be required to extend such main to OWNER'S
TERRITORY, including the exercise of its eminent domain
power provided OWNER reimburses VILLAGE expense VILLAGE may
incur. VILLAGE shall grant to owner, at no charge, such
permits as may be required to extend said main.
2) All sanitary sewer mains constructed by OWNER /DEVELOPER
shall remain OWNER's responsibility until such time as they
are accepted by the VILLAGE as provided by ordinance.
3) Sanitary sewer mains shall be designed in accordance with
the standards for sewage works adopted by the Metropolitan
Water Reclamation District of Greater Chicago.
4
5
6
The design and construction of the sanitary sewer mains
shall be in accordance with engineering plans and
specifications approved by the VILLAGE Engineer.
The VILLAGE agrees it will make its best effort to insure
that sufficient capacity exists in the VILLAGE's sanitary
sewer system to accommodate the anticipated flows from the
proposed school and park.
OWNER will be allowed to recapture costs for oversizing or
extension of any constructed sanitary sewer mains not
required to serve OWNER's proposed development. VILLAGE
shall pass an ordinance authorizing it to execute a
recapture agreement regarding such oversizing and
extensions.
VILLAGE shall not charge OWNER tap -on or connections fees.
V
STORM WATER DETENTION
OWNER agrees to adhere to the Retention Policy of the VILLAGE and
5
the Metropolitan Water Reclamation District of Greater Chicago
and agrees to divert storm water as reasonably required by the
VILLAGE Engineer. OWNER agrees to install necessary surface
drainage courses and detention areas. Said detention areas shall
be owned and maintained by the OWNER.
All detention basins and outlet control structures shall be
constructed prior to the installation of on -site roadway and
storm sewer system to prevent property damage during interim
improvement construction. OWNER shall take precautionary
measures to prevent storm water run -off from causing erosion and
depositing silt in the Illinois and Michigan Canal and other
tributary drainage ways.
The plans and specifications of the construction of this storm
water detention shall meet the needs of the TERRITORY as
established by the Metropolitan Water Reclamation District of
Greater Chicago and the VILLAGE of Lemont.
The detention areas shall be designed with the approval of the
VILLAGE Engineer.
VI
APPROVAL OF APPLICATION
VILLAGE agrees to expeditiously take action to approve or
disapprove all plats, plans and engineering submitted to VILLAGE
by OWNER. If VILLAGE shall determine that any such submission is
not in substantial accordance with this Agreement and applicable
ordinances, the VILLAGE shall promptly notify OWNER in writing of
the specific objection to any such submission so that OWNER can
make any required corrections or revisions.
VII
DAMAGE TO PUBLIC IMPROVEMENTS
OWNER shall replace and repair any damage to public improvements
installed within, under or upon the subject realty resulting from
construction activities by OWNER, their successors or assigns and
their employees, agents, contractors or subcontractors during the
term of this Agreement. OWNER shall have no obligation hereunder
with respect to damage resulting from ordinary usage, wear and
tear.
VIII
ACCESS TO 127TH STREET
In anticipation of access controls required in connection with
the planned I -355 North -South Tollway Southern Extension, the
VILLAGE shall assist the OWNER's request for access to 127th
Street to adequately service the needs of a middle school
containing a population of 900 students, notwithstanding the fact
that the elevation of 127th Street is to be raised to allow 127th
Street to pass over the proposed extension of I -355. OWNER shall
provide a cross - access easement to the property adjacent to the
west to facilitate access to 127th Street, if required and if
suggested by the VILLAGE. The length and width of said easement
to be negotiated between OWNER and the VILLAGE. VILLAGE shall
join with OWNER in requesting an installation by Cook County
Department of Transporttion of a stop light at the intersection
at 127th Street and Timberline Drive.
IX
WAIVER OF FEES
That in consideration for the dedication of the well site parcel
to VILLAGE, VILLAGE waives all VILLAGE requirements that OWNER
pay filing fees, building permit application fees, water and
sewer tap -on fees, impact fees and land /cash contributions for
school and parks, processing fees, and fees incurred by VILLAGE
staff.
X
WAIVER OF RECAPTURE FEES
1) No recapture fees shall be paid by Owner in connection with
OWNER's acquisition and development of the TERRITORY, or as
a result of OWNER's connection to VILLAGE water mains.
2) VILLAGE shall pay recapture fees in accordance with VILLAGE
of Lemont Ordinance No. 729, for that portion of OWNER's
acreage that is to be improved with permanent structures
connected to public sanitary sewer. No recapture fees
shall be paid by OWNER or the VILLAGE for that part of
OWNER's acreage that is not improved with structures
connected to sanitary sewer.
XI
COMPLIANCE WITH VILLAGE ZONING AND SUBDIVISION ORDINANCE
1) That if excepted by State law, VILLAGE agrees that OWNER
shall not be required to obtain building permit to
construct a school upon the premises.
2) VILLAGE agrees that OWNER's conveyance of a portion of its
TERRITORY to the Lemont Park District will not be a
7
violation of the VILLAGE's Subdivision Ordinance. The
VILLAGE expressly waives the necessity of the OWNER of the
Lemont Park District from obtaining subdivision plat
approval for any part of OWNER's and Lemont Park District's
intended development.
XII
TERMS OF THIS AGREEMENT
This agreement shall be binding upon all the parties hereto,
their respective successors and assigns for a period of twenty
(20) years. All of the terms and conditions provided herein
shall run with the land.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first above written.
ATTEST:
iJ 717
VILLAGE CLERK
ATTEST:
S IRETARY
VILLAGE OF LEMONT AND THE
CORPO'eTE AUTHORITY THEREOF
BY
s ..
"'R` ",ENT
LEMONT - BROMBEREK COMBINE
SCHOOL DISTRICT 113A
BY:
PRESIDENT
STATE OF ILLINOIS
COUNTY OF COOK
1*'
t,
)SS
and for said Cou
8A
, a Notary Public in
the State aforesaid, DO HEREBY
vateitg,a,,,smellen, personally known to
me to be the same persons whose names are subscribed to the
foregoing instrument, respectively appeared before me this
day in person and acknowledged that they signed and
delivered the said instrument as their own free and
voluntary act.
Given under my hand and Notarial Seal this 2 01 day of
, 1994.
lokaterOur
My commission expir
STATE OF ILLINOIS
COUNTY OF COOK
Al
Notary
s": OFFICIAL SEAL "
ROSEMAY YATES
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPiRi$ 8/12/96
, a Notary Public in
and for said County, in t e State aforesaid, DO HEREBY
CERT FY th t L MONT BRO BEREK COMBINED SCHOOL DISTRICT 113A,
by: 0/1C1��,����^/l�/' <cji �r/�Z�� , personally
known to me to be the same persons whose names are
subscribed to the fo•egoing. instrument, respectively,
appeared before me ,his day in person and acknowledged that
they signed and c:elivered the said instrument as their own
free and voluntary act.
Given under my hand and Notarial Seal thisi"day of
, 1994.
Notary Public
y P lc
i
My commission expires:
J7 -/9 - -9 e
"OFFICIAL SEAL"
Connie C. Tippett
Notary Public, State of Illinois
My Commission Expires 8 -19 -96
SUBSCRIBED and SWOp.N TO
before me this // day
of .3—cc. L cJ. , 1994.
8
DANIEL RUMCHAK
" OFFICIAL SEAL "
NANCY L. MICA
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 9/12/98
9
SUBSCRIBED and SWORN TO
before me this r,7747 day
of .C72// , 1994.
Notary Pu is
s
SHARON R. LAUER
"OFFICIAL SEAL"
ANN POPI-AWSKI
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 11/4/97
SUBSCRIBED and SWORN TO
before me this ("7/-/) day
of „ull/ , 1994.
10
4n•..if /OPP
#►',�,�
PATRICK D. RUMCHAK
"OFFICIAL SEAL"
ANN POPLAWSKI
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 11/4/97
SUBSCRIBED and SWORN TO
before me this c%/? day
of ,71 , 1994.
Notary Pu
is
11
"OFFICIAL SEAL"
ANN POPL AWSKI
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 11/4/97
12
SUBSCRIBED and SWORN TO
before me this '7-fh day
of emu% , 1994.
WILLIAM RUMCHAK
"OFFICIAL SEAL"
ANN POPLAWSKI
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 11/4/97
13
SUBSCRIBED and SWORN TO
before me this 17-/-h day
of �u�� , 1994.
Notary Pubic
JE
•
BUCCIAREL
now known as Jean R. Janes
"OFFICIAL SEAL"
ANN NOT PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 11 /4 97
SUBSCRIBED and SWORN TO
befor- me this , day
of 1 1994.
14
BRIAN KELLY
ary Pub
OFFICIAL
jOHN
NOTARY PUC-L1C, .",TATE, .LuNois
MY COMMISSION EXPIRES 3-22•97
SUBSCRIBED and SWORN TO
befo me this day
of 4110r,
.40(
Ai 994.
Notary
15
WILLIAM BRENNAN
7)Fi:ICI;• I
:3H7,1 0 PtIP.,
0:7,4.,1C, 7,^,TE: )1, •Li.:;-,4c.;• .-..i,-
MY COMMISS,,CN -:XPIRE`.3 :-22-', .,:i
BY:
A TTEST: 'Q %
R--L-1‹
SECRETARY
16
STATE OF ILLINOIS )
)SS
COUNTY OF COOK
LEMONT PARK DISTRICT
PRESIDENT
1, ,s ` a Notary Public in and
for said Co i., the State aforesaid, DO HEREBY CERTIFY that
LEMONT PAR ` I CT by : & a, /4 4 4.1. 6 e-e4-s ) and
Po 13e err- 7.0? , V25,e-re(2.. personally known to me to be the
same persons whose names are subscribed to the foregoing
instrument, respectively appeared before me this day in person
and acknowledged that they signed and delivered the said
instrument as their own free and voluntary act.
Given under my hand and Notarial Seal this 4?7m day of
s- kr
My commission expires:
, 1994.
Notary , ii lLlc
Official Seat
NANCY HOINACKI
Notary Public, ate Of Wirioit
My Commissiofl Expires 5 -1146
ITEM VI.C.2
VILLAGE OF LEMONT
ORDINANCE NO. (FJ`I
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR
LEMONT - BROMBEREK COMBINED SCHOOL DISTRICT #113 PROPERTY
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This A5- day of %''9+' , 1994.
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village of
Lemont, Counties of Cook, Will and
DuPage, inoi , this A6c
day of _, 1994
ORDINANCE ?5,
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT FOR
LEMONT- BROMBEREK COMBINED SCHOOL DISTRICT #113 PROPERTY
WHEREAS, the legal owners of record of the territory which is the subject of an
Annexation Agreement area are ready, willing and able to enter into said agreement and
perform the obligations as required therein; and
WHEREAS, a copy of said Annexation Agreement has been attached hereto and
included herein; 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, DU PAGE, 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 Lemont - Bromberek
Combined School District #113 Annexation Agreement dated the day of
, 1994, (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, COUNTIES OF COOK, DU PAGE AND WILL, ILLINOIS,
on this c day of . 1994.
AYES NAYS PASSED ABSENT
Barbara Buschman V
Alice Chin
Keith Latz
Connie Markiewicz V
Rick Rimbo V
Ralph Schobert 1/
Approved by me this day of
Attest:
1994.
CHARLENE M. SMOLLEN, Village Clerk
Mail to:
Village Clerk
Village of Lemont
418 Main Street
Lemont, IL 60439
HARD
A.
NESKI, Village President