Loading...
O-73-14 Ordinance Authorizing the Execution of an Annexation Agreement w/ MWRD , I , I Ii 111 FRED BUCHOLZ DUPAGE COUNTY RECORDER DEC.24,2014 RHSP 1:07 PM OTHER 041 PAGES$77.00 R2014 15—121687 VILLAGE OF LEMONT ORDINANCE NO. 0•�349 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH THE METROPOLITAN WATER RECLAMATION DISTRICT (Bow Tie Parcel- 13.6 Acres) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 8th DAY OF DECEMBER,2014 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont,Cook,DuPage,and Will Counties,Illinois,this 8th day of December,2014. ORDINANCE NO. 0•7A-14 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH THE METROPOLITAN WATER RECLAMATION DISTRICT (Bow Tie Parcel - 13.6 Acres) WHEREAS, the Village of Lemont desires to enter into an Annexation Agreement with the Metropolitan Water Reclamation District("MWRD")for the subject property described on Exhibit A attached hereto. WHEREAS,MWRD is the legal owner of record of the territory which is the subject of said Annexation Agreement, is ready, willing and able to enter into said Annexation 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 Annexation 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 Annexation Agreement, a copy of which is attached hereto as Exhibit B 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. 1 , PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT,COUNTIES OF COOK,WILL, AND DUPAGE, ILLINOIS,on this 8th day of December, 2014. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: Debby Blatzer Paul Chialdikas Clifford Miklos ✓ Ron Stapleton Rick Sniegowski ,� ✓ Jeanette Virgilio w BRI tM., AVE 'resident ATTEST: cf` x ► tb ,CMdi/IloldOr HARLENE M. SMOLLEN �j Village Clerk % J�h 2 � t Exhibit A Subject Property Legal Description: THAT PORTION OF THE EAST '/2 OF SECTION 15, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN WHICH LIES BETWEEN THE MAIN CHANNEL OF THE SANITARY DISTRICT OF CHICAGO, AND THE NORTHWESTERLY RESERVE LINE OF THE ILLINOIS AND MICHIGAN CANAL AND IS INCLUDED BETWEEN TWO LINES DRAWN AT RIGHT ANGLES TO THE SOUTHEASTERLY LINE OF SAID MAIN CHANNEL, ONE AT THE INTERSECTION OF SAID CHANNEL LINE WITH THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 15 AND THE OTHER AT A POINT 500 FEET SOUTHWESTERLY FROM ITS INTERSECTION WITH THE EAST LINE OF SAID SECTION 15; CONTAINING FOURTEEN AND ONE-HALF ACRES; MORE OR LESS, SITUATED IN THE COUNTY OF DU PAGE AND STATE OF ILLINOIS. PIN: 10-15-400-001-0001 3 1 i Exhibit B Annexation Agreement 4 I I I 1 1 i 1 P.I.N. Pt. 10-15-400-001-0000 FRED B U C H O LZ (PIN attached as Exhibit A) DUPAGE COUNTY RECORDER DEC.24,2014 RHSP 1:07 PM OTHER $73.00 10-15-400-001 037 PAGES 82014- 121688 Return to: Village Clerk Village of Lemont,IL 60439 (for recorder's use only) ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is entered into as of this 10th day of November, 2014, between the VILLAGE OF LEMONT, an Illinois non-home rule municipality operating under the President-Trustee form of government (hereinafter the "VILLAGE"), with its principal office at 418 Main Street, Lemont, Illinois, and the Metropolitan Water Reclamation District of Greater Chicago (hereinafter the "OWNER"),with its principal office at 100 East Erie Street, Chicago, Illinois 60611. RECITALS WHEREAS, this Agreement is made pursuant to and in accordance with the provisions of Section 11-15.1-1 et seq., of the Illinois Municipal Code, 65 ILCS 5/11- 15.1-1 et seq. (2010); and WHEREAS,the OWNER, to the best of its knowledge, is the owner of record of all of the real property legally described and depicted in Exhibit C, attached hereto and incorporated herein by reference, which property includes approximately 13.6 acres which is currently contiguous to the VILLAGE and not within the corporate limits of any other municipality(hereinafter the"SUBJECT PROPERTY"); and WHEREAS, the SUBJECT PROPERTY consists of approximately 13.6 acres, is presently situated in the unincorporated area of Downers Grove Township, DuPage County, Illinois and is not within the corporate limits of any incorporated municipality;and LLP (9,53 S Luaar i►'' dfô °)(u6'-?5, Lu . &066‘0 . WHEREAS, the OWNER has filed a Petition for Annexation with the Lemont Village Clerk for the SUBJECT PROPERTY which is that part of the territory described and depicted in Exhibit B which is presently situated in the unincorporated area of Downers Grove Township, DuPage County, Illinois, and is not within the corporate limits of any incorporated municipality; and WHEREAS, the Plat of Annexation attached hereto and incorporated herein by reference as Exhibit C, is a true and accurate representation of the SUBJECT PROPERTY to be annexed to the VILLAGE pursuant to the provisions of this Agreement; and WHEREAS, the SUBJECT PROPERTY has not been annexed to any other municipality; and WHEREAS, the VILLAGE is desirous of annexing the SUBJECT PROPERTY to the VILLAGE pursuant to the terms and conditions hereinafter set forth;and WHEREAS, the VILLAGE, and the OWNER (collectively referred to as "Parties") find that the annexation of the SUBJECT PROPERTY in accordance with the terms and conditions of this Agreement, will inure to the benefit and improvement of the VILLAGE and its residents and will promote the VILLAGE's sound planning and development and will otherwise enhance and promote the general welfare of the VILLAGE's residents; and WHEREAS, all public hearings, as required by law have been held by the Corporate Authorities of the VILLAGE upon all matters covered by this Annexation Agreement, including, but not limited to a public hearing before the Corporate Authorities concerning this Annexation Agreement and its effect upon the VILLAGE pursuant to the ordinances, resolutions, codes, rules, regulations, guidelines and procedures of the VILLAGE;and 'WHEREAS, the VILLAGE acknowledges that all notices, publications, and all other matters attendant to such Petition for Annexation have been given, held or performed as required by statute or the VILLAGE's ordinances, regulations, and procedures; and WHEREAS, in reliance upon the continued effectiveness of the VILLAGE's existing ordinances, codes and regulations for the period specified in this Agreement, as may be amended pursuant to the terms hereof, the VILLAGE is willing to undertake certain obligations as set forth in this Agreement and have materially changed their positions in reliance upon the undertaking provided herein; and WHEREAS, the parties acknowledge that the OWNER is not undertaking any obligations, financial or otherwise, by entering into this Agreement, that the OWNER is entering into this Agreement at the request of the VILLAGE, and that any obligations, liabilities or costs associated with the Agreement shall be born solely by the VILLAGE. 2 WHEREAS, by a favorable vote of at least two-thirds (2/3) of the Corporate Authorities of the VILLAGE then holding office, an Ordinance has heretofore been adopted authorizing the execution of this Annexation Agreement on Del.$ , 2014, a copy of which is attached as Exhibit D;and WHEREAS,on September 4, 2014,the OWNER's Board of Commissioners issued Orders authorizing the OWNER to enter into this Agreement, a copy of said Order is attached as Exhibit E. NOW THEREFORE, in consideration of the representations and the mutual promises contained herein,the parties agree that: 1. RECITALS. 1.1. The above-stated Recitals are a material part of this Agreement and are hereby incorporated in this Section 1.1 by reference. 2. ANNEXATION. 2.1. Subject to the provisions of Section 7-1-8 of the Illinois Municipal Code, 65 ILCS 5/7-1-8 (2010), as amended, the Parties respectively agree to do all things necessary or appropriate to cause the SUBJECT PROPERTY to be duly and validly annexed to the VILLAGE, including adoption of an ordinance by the VILLAGE annexing the SUBJECT PROPERTY pursuant to this Agreement. 3. OWNER'S COPRORATE PROJECTS 3.1 The VILLAGE'S zoning, ordinances, or regulations shall not apply to OWNER'S use of the PROPERTY to carry out any of its corporate functions, if ever needed for such purposes. This provision shall survive expiration of the Agreement, but shall terminate at the time the OWNER sells or transfers its ownership rights in the SUBJECT PROPERTY. 4. DEFECTS IN ANNEXATION 4.1. In the event that the annexation of the SUBJECT PROPERTY is in any way deemed to be defective, the Parties agree that they will do all things legally necessary and appropriate in an attempt to cure any and all defects to cause the SUBJECT PROPERTY to be validly annexed to the VILLAGE, and any other applicable laws and in compliance with this Agreement. This Agreement shall be null and void if the SUBJECT PROPERTY is not legally and validly annexed to the VILLAGE. 5. FUTURE COOPERATION. 5.1. The Parties shall cooperate with one another on an ongoing basis and make every reasonable effort (including, with respect to the VILLAGE, the calling of special meetings, the holding of additional public hearings and the adoption of such ordinances as may be necessary) to further the implementation of the provisions of this Agreement and the intentions of the Parties as reflected by the provisions of this Agreement. 6. REPRESENTATIONS AND OBLIGATIONS OF THE OWNER 6.1 The parties agree that the OWNER is not undertaking any obligations, financial or otherwise, by entering into this Agreement, that the OWNER is entering into this Agreement at the request of VILLAGE, and that any obligations, liabilities or costs associated with the Agreement shall be born by the VILLAGE. 6.2. The VILLAGE shall cause the SUBJECT PROPERTY to be annexed to the VILLAGE by recording a legally sufficient plat of annexation and annexation petition with all required signatures and information thereon concurrently with the execution of this Agreement, and in accordance with the Illinois Compiled Statutes. 6.3. If the OWNER sells or conveys all or any portion of the SUBJECT PROPERTY during the term of this Agreement, all of the OWNER's obligations specified in this Agreement shall devolve upon and be assumed by such purchaser, grantee, or successor in interest, and the OWNER shall be released from such obligations except as provided herein. 6.4. Any costs, fees, and expenses relative to any necessary approvals relating to this annexation shall be paid by the VILLAGE. OWNER shall not be responsible for payment of any levies, utilities or other taxes or fees imposed by the VILLAGE on the SUBJECT PROPERTY as a result of this annexation. 7. FIRE,POLICE AND AMBULANCE PROTECTION SERVICES. 7.1. The VILLAGE shall provide police protection services for the SUBJECT PROPERTY. The OWNER shall not be responsible for payment for any fee associated with standard police protection services. This provision shall survive the expiration of this Agreement, but shall terminate at the time the OWNER sells or transfers its ownership rights in the SUBJECT PROPERTY. 7.2. In no event shall the VILLAGE record a lien against the fee simple interest of the SUBJECT PROPERTY for amounts due and owing the VILLAGE by any occupant of the PROPERTY or a portion of the PROPERTY. This provision shall not apply should the OWNER sell or transfer its ownership rights in the SUBJECT PROPERTY. 8. BINDING EFFECT AND TERM. 8.1. This Agreement shall be binding upon the parties hereto, and their respective successors and assigns, for a full term of twenty (20) years commencing as of 4 the effective date of this Agreement, unless other provisions of this Agreement specifically apply a different term. To the extent permitted, in the event the annexation of subject tracts under the terms and conditions of this Agreement is challenged in any court proceeding, the period of time during which such litigation is pending shall not be included in calculating said twenty(20)year term. 8.2. Nothing in this Agreement shall in any way prevent the alienation, encumbrance, or sale of the SUBJECT PROPERTY or any portion of it, and the new owner or owners shall be both benefited and bound by the conditions and restrictions expressed in this Agreement. 8.3. Time is of the essence of this Agreement. 9. RECORDING OF AGREEMENT., 9.1. Within thirty (30) days after its execution, this Agreement shall be recorded at the sole cost and expense of the VILLAGE in the Office of the Recorder of Deeds of DuPage County, Illinois. 10. COVENANT RUNNING WITH THE LAND. 10.1. The terms of this Agreement constitute a covenant running with the land for the term of this Agreement unless specific terms are expressly made binding beyond the term of this Agreement. Furthermore, the terms herein are hereby expressly made binding upon all grantees, mortgagees, lessees, assigns and successors in interest of the OWNER as to all or any part of the tracts, and are further expressly made binding upon said VILLAGE and the duly elected or appointed successors in office of its Corporate Authorities. 11. ENFORCEMENT OF AGREEMENT. 11.1 Either party to this Agreement may, by civil action, mandamus, action for writ of injunction or other proceeding, enforce and compel performance of this Agreement or declare this Agreement null and void in addition to other remedies available. 12. SEVERABILITY. 12.1. If any provision of this Agreement is rendered invalid for any reason, such invalidation shall not render invalid other provisions of this Agreement, which can be given effect even without the invalid provision. In the event any provision of this Agreement or any part of a provision shall be deemed invalid, the invalidity of that provision or part shall not affect the validity of any other provision. 12.2. The invalidity of any provision of this Agreement shall not affect any zoning classification for the SUBJECT PROPERTY which has been approved by the VILLAGE pursuant to the provisions of the VILLAGE's ordinances and regulations. 5 Any change to such zoning classification shall take place only in accordance with applicable statutes and ordinances. 13. EFFECT OF THIS AGREEMENT; CONFLICT. 13.1. If any relevant existing VILLAGE resolution, ordinance, regulations, or interpretation thereof, is inconsistent with or conflicts with any provision of this Agreement, then the provisions of this Agreement shall supersede the terms of said inconsistent resolutions, ordinances, or regulations as they may be applicable to the SUBJECT PROPERTY. 13.2. This Agreement shall not impose any obligation, restraint, or burden (hereinafter called collectively "obligation") on the OWNER, his/her (their) successors or assigns, which obligation extends beyond the termination date of this Agreement, but shall terminate at the time the OWNER sells or transfers its ownership rights in the SUBJECT PROPERTY. 13.3. All provisions, conditions, and regulations as set forth in this Agreement and the documents or plans to which it refers shall supersede all VILLAGE ordinances, codes and regulations that are in conflict with the Agreement as they may apply to the SUBJECT PROPERTY. However, where this Agreement is silent, the VILLAGE's ordinances shall apply and control. 14. NO DISCONNECTION, DEANNEXATION OR ANNEXATION TO ANOTHER MUNICIPALITY. 14.1. For a period of twenty (20) years from the date the SUBJECT PROPERTY is annexed to the VILLAGE, neither the OWNER nor any of its successors in interest shall file, cause to be filed, or take any action that would result in the disconnection or deannexation of the SUBJECT PROPERTY from the VILLAGE, unless the VILLAGE is in breach of this Agreement and has failed to cure said breach, then the OWNER shall the right,but not the obligation,to deannex or disconnect. 14.2. For a period of twenty (20) years from the effective date of this Agreement, neither the OWNER nor any of its successors in interest shall file, cause to be filed, or take any action that would result in the annexation of the SUBJECT PROPERTY to any other municipality. 15. AMENDMENTS AND MODIFICATIONS. 15.1. No agreement, amendment, modification, understanding or waiver of or with respect to this Agreement or any term, provision, covenant or condition hereof, nor any approval or consent given under or with respect to this Agreement, shall be effective for any purpose unless contained in writing signed by the Party against which such agreement, amendment, modification, understanding, waiver, approval or consent is asserted. 6 16. NOTICES. 16.1. All notices or other communications required or permitted hereunder shall be in writing, and shall be: (i) personally delivered; (ii) sent by facsimile telecommunications (followed by next day overnight delivery service); (iii) sent by overnight air express service; or (iv) sent by registered or certified mail, postage prepaid, return receipt requested. The foregoing notwithstanding, notice by electronic mail (email) to the attorney for a Party shall be sufficient notice under this Agreement; provided that a copy of such electronic mail follows by first class mail. All notices must be addressed to the Parties hereto at their respective addresses set forth below: VILLAGE: Village President or Village Administrator Village of Lemont Village Hall 418 Main St. Lemont, IL 60439 (630) 257-1590 Village Attorney Tressler LLP c/o Jeffrey Stein 233 S. Wacker Dr Chicago, IL 60606 (312) 627-4022 OWNER: MWRDG 100 East Erie Street Chicago, Illinois 60611 Fax: (312) 751-7926 Attn.: Executive Director With a copy to: MWRDG 100 East Erie Street, 3rd Floor Chicago, Illinois 60611 Fax: (312) 751-6598 Email: ronald.hill @mwrd.org Attn.: General Counsel 17.2. Except as otherwise provided herein, notice served by certified mail or regular mail shall be effective on the date of mailing. 17.3. Notice by facsimile transmission shall be effective as of date and time of facsimile transmission, provided that the notice transmitted shall be sent on a business day during business hours(9:00 a.m.to 4:00 p.m. Chicago time). In the event facsimile notice is 7 transmitted during non-business hours, the effective date and time of notice is the first hour of the first business day after transmission. 18. COUNTERPARTS; FACSIMILE. 18.1. This Agreement shall be executed in counterparts, each of which shall be considered an original and together shall be one and the same Agreement. 18.2 A facsimile copy of this Agreement and any signatures thereon will be considered for all purposes as originals. 19. NON-WAIVER. 19.1. Except as herein expressly provided, no waiver by a Party of any breach of this Agreement by the other Party shall be deemed to be a waiver of any other breach by such other Party (whether preceding or succeeding and whether or not of the same or similar nature), and no acceptance of payment or performance by a Party after any breach by the other Party shall be deemed to be a waiver of any breach of this Agreement or of any representation or warranty hereunder by such other Party whether or not the first Party knows of such breach at the time it accepts such payment or performance. 19.2. No failure or delay by a Party to exercise any right it may have by reason of the default of any other Party shall operate as a waiver of default or as a modification of this Agreement or shall prevent the exercise of any right by the first Party while the other Party continues to be so in default. 20. GOVERNING LAW AND VENUE. 20.1. This Agreement shall be governed by the laws of the State of Illinois both as to interpretation and performance, and any'legal proceeding of any kind arising from this Agreement shall be filed in the Circuit Court of DuPage County, Illinois. 21. FORCE MAJEURE. 21.1. Whenever a period of time is provided for in this Agreement for either the VILLAGE, or OWNER to do or perform any act or obligation, neither Party shall be liable for any delays or inability to perform due to causes beyond the control of said Party such as war, riot, strike or lockout by or against either Party's own employees or suppliers, unavoidable casualty or damage to personnel, materials or equipment, fire, flood, storm, earthquake,tornado or any act of nature. 21.2. Any time period shall be extended for only the actual amount of time said Party is so delayed pursuant to Section 21.1 above. 22. ENFORCEABILITY. 8 • 22.1. This Agreement shall be enforceable by any of the Parties hereto by any appropriate action at law or in equity to secure the performance of the covenants and terms of this Agreement. 23. NO PERSONAL LIABILITY OF CORPORATE AUTHORITIES. 23.1. The Parties acknowledge and agree that the individuals who are members of the group constituting the corporate authorities of the VILLAGE and the corporate authorities of the OWNER are entering into this Annexation Agreement in their corporate capacities as members of such group and shall have no personal liability in their individual capacities. 24. CUMULATIVE REMEDIES. 24.1. The Parties' rights and remedies hereunder shall be cumulative; the exercise of any rights or remedies shall neither preclude enforcement of other rights and remedies nor waive other rights and remedies; and the failure of either party to exercise any rights or remedies shall neither preclude enforcement of any rights or remedies nor constitute a waiver of any rights or remedies. 25. EFFECTIVE DATE. 25.1. The effective date of this Agreement shall be the date that the Village Clerk for the VILLAGE attests the signature of the Village President as set forth below. 26. BINDING AUTHORITY. 26.1. The individuals executing this Agreement on behalf of the OWNER, and the VILLAGE represent that they have the legal power, right, and actual authority to bind their respective parties to the terms and conditions of this Agreement. 27. OWNER'S FUTURE CORPORATE PROJECTS 27.1 VILLAGE agrees that in the event the OWNER undertakes any construction projects or any other projects or activities in furtherance of its corporate duties and obligations on any land legally described and depicted in Exhibit A or otherwise located within the VILLAGE limits, that the VILLAGE shall not place any limitations on such projects, nor shall any permit fees, construction fees, or any other fees imposed under any VILLAGE ordinance be assessed against OWNER or its contractors for such projects. This provision shall survive the expiration of this Agreement and shall not be limited to a twenty (20)year term. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK-SIGNATURE PAGE FOLLOWS] 9 i I IN WITNESS WHEREOF, the parties set their hands and seals as of the date first written above. VILLA OF LEMONT AI t By: Z eli,/C Its: Village President Its: Village Clerk State of Illinois ) ) County of DuPage ) The fore oin instrument was acknowledged before me by 'iar�at Rea✓t4 Village President, and L1 i,tk/L(D/i-or- D Village Clerk,this 707 day of >l ece e►' , 2014,A. D. seal-OFFICIAL SEAL MARY E. LESNIESKI ,7 NOTARY PUBLIC,STATE OF ILLINOIS Notary Public MY COMMISSION EXPIRES 1.30-1016 � OWNER—METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO By: Ma ana T. Spyropoulos :y 'ac i f el e Torres Its: Chair • ' it t' •e on inance Its Clerk State of Illinois ) ) County of Cook ) The forego' g instrument 'as acknowledged before me by / • w�4kid S U7Qi viu f e to ft 1114S1nd �JGC j dine --To-y , G/C� /L J , this day of ,//IY B-t,e_ , 2014, A. D. NOA F.HOLMES OFFICIAL SEAL 4 Notary Public•State of Illinois My Commission Expires ( Notary Public March 30,2016 This instrument was prepared by: Susan Morakalis, Metropolitan Water Reclamation District of Greater Chicago, 100 E. Erie Street, Chicago, IL 60611 (312) 751-6557 10 d ' • • I EXHIBIT A PIN Pt. 10-15-400-001-0000 11 EXHIBIT B PETITION FOR ANNEXATION 12 PETITION FOR ANNEXATION TO THE VILLAGE OF LEMONT, DUPAGE COUNTY,ILLINOIS To: The Village President and Board of Trustees Village of Lemont,DuPage County,Illinois c/o Ms. Charlene Smollen Village Clerk Lemont,Village Hall 418 Main St. Lemont,IL 60439 Upon the request of the Village of Lemont, the undersigned petitioner, (hereinafter, "Petitioner"), to the best of its knowledge, is the owner(s) of all of the property described and depicted in Exhibit A attached hereto, and respectfully petitions the Village of Lemont ("Village") to cause the real property described herein to be annexed pursuant to this Petition. Petitioner,to the best of its knowledge on oath states, as follows: 1. The subject property of this Petition are tracts of real estate in unincorporated DuPage County, Illinois identified by various permanent index numbers and square footage and legally described (the "Property") in Exhibit A, a copy of which is attached hereto and made a part hereof. 2. The Petitioner to the best of its knowledge is the owner of record of the Property and is authorized to execute this Petition. 3. No part of the Property is within the corporate limits of any municipality. 4. The Property is contiguous to the Village of Lemont. 5. There are no electors residing in the Property. 6. The Property consists of approximately 13.6 acres. 7. This Petition shall be in full force and effect from and after the date hereof and until the Property is annexed to the Village in agreement with the appropriate statutes. PETITIONER HEREBY REQUESTS: A. That the Property be annexed to the Village by an ordinance duly adopted by the President and Board of Trustees of the Village pursuant to the Illinois Municipal Code,65 ILCS 5/7-1-8,et seq.,(the"Act")as from time to time supplemented and amended. • B. That such further action be taken by the Village as may be necessary or appropriate to effect this Petition. Emma fie ■ C. The annexation of the Property herein petitioned shall be subject to the approval and execution of a mutually satisfactory annexation agreement with the corporate authorities of the Village. Respectfully submitted this 4th day of September,2014. PETITIONER METROPOLITAN WATER RECLAMATION DISTRICT OF G " • • ommittee on Finance A I;TE' B rf 1 -!/ J uel e T Irres,Clerk 2 Exhibit A Plat of Annexation 3 P.LN. PT. 10-18-400-001 PLAT OF ANNEXATION TO THE VILLAGE OF LEMONT OF LEASE PARCEL 2s.01 SCALE: 1•.JOe T CH NOTE Of� 1/2 of SECTION oo nooFST occr'oor CHICA O. 37 THE RAIMTE T(RLY+sr EMS t `ILLINOIS ' uIC I C pm/KR N~.,.'i- THE NORTH AND SOWN 1 6F SAID SECTION 15 AND THE OTHER AST A POOR 500 FEET SOUTH Y FROM ITS ,•.:3.., >., ..WITH TM THE EAST UNE OF!ND SECDON IS; CONTAINING FOURTEEN ANO ONE-HALF ACRES; MORE OR LESS, SRVATEO N THE COUNTY OF DU PAGE AND STATE Of atoms. AREA TO BE ANNEXED CONSISTS OF APPROXIMATELY 13.6 ACRES. ITS' . \ .' r i1 . d a - _ ru [------- mx .N.1�x..n„ .R m M �t/ , I•Y aa �`K > W 1 e �axles f r 9r f r pf.r ■ •Y4 •rte a /J ' c� ow WOO d a i 90 1 f f .. N ,�y♦° R iM' , , , fir rid. ktA _ fir'- atf +l� _ _ �� :s'” • 410"'" .... , ' 4 .� 0 a 3 I AFTER RECORDING PLEASE RETURN TO: THE VILLAGE OF LEMONT 415{JAN STREET LEMONT.EMIRS 60459 STATE Of ELNOtb) STATE OF RLNDE) >RS ,�0.,.•4 '••, COUNTY OF coax) COUNTY of COCK) _ t APPROVED DT THE PRESIDENT AND DOARO OF TRUSTEES y,JYWES L.CADAEAR,AN IUNOMS PROFESSIONAL LAND % COMICS,Rums ARIFkYSFAT'A LKLTi woo OWN TIK'� E'TIpD11 OR11TOUpt A Y ��//RLSiR TATONT CF lAD # `�4Y PROPERTY N FOREE901O4 CAPTION. »7 DAY OF A.D.,2014. +(, DATED AT ■ •Iir • THIS UM OAT OF 4.t ' 8Y; ,ABLY A.D..V74.,f „ ATTEST; ".c OARNKAII j / C . PROFESSIONAL MN' $4 JAMES L.CMNXAR,P.E. EXP1E$11-30-14 U.P.I.S.NO.U54 EXPIRES 11.31.14 DATE: 7/17/14 PROJECT NO.14021 - '- 4182 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I, ,.(Pta 9/04/M f pT Notary Public in and for said County, in the State aforesaid,MO HEREBY CERTIFY that Mariyana T. Spyropoulos, personally known to me to be the Chairman of the Committee on Finance of the Board of Commissioners of the Metropolitan Water Reclamation District of Greater Chicago, a body corporate and politic, and Jacqueline Torres, personally known to me to be the Clerk of said body corporate and politic, 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 body corporate and politic, and caused the corporate seal of said body corporate and politic to be affixed thereto, pursuant to authority given by the Board of Commissioners of said body corporate and politic, as their free and voluntary act and as the free and voluntary act and deed of said body Corporate and politic, for the uses and purposes therein set forth. GIVEN n der my hand and Notarial Seal this tx.3lam,day of / 'f °. , A.C . 2:01'. ,. feiJiqk,' Notary Public My Commission expires: . LIANE TALKINGTON %A,, " '• OFFICIAL SEAL " "` Notary Public.Slate of Illinois My Commission Expires („ j� ♦ June 28,201 APPROVED AS TO FORM AND LEGALITY: 14‘00,4,1144 "414* ead Assistant Attorney General Counsel APPROVED: gPq Executive Director RECEIVED: Fee P/ Insurance f"ft Bond t (A EXHIBIT C PLAT OF ANNEXATION 13 I P.I.N. PT. 10-15-400-001 PLAT OF F ANNEXATION A TO THE VILLAGE OF LEMONT OF LEASE PARCEL 25.01 SCALE: 1'= 300' THAT PORTION OF THE EAST 1/2 OF SECTION 15, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN WHICH LIES BETWEEN THE MAIN CHANNEL OF THE SANITARY DISTRICT OF CHICAGO, AND THE NORTHWESTERLY RESERVE LINE OF THE ILLINOIS AND MICHIGAN CANAL AND IS INCLUDED BETWEEN TWO LINES DRAWN AT RIGHT ANGLES TO THE SOUTHEASTERLY LINE OF SAID MAIN CHANNEL ONE AT THE INTERSECTION OF SAID CHANNEL LINE WITH THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 15 AND THE OTHER AT A POINT 500 FEET SOUTHWESTERLY FROM ITS INTERSECTION WITH THE EAST LINE OF SAID SECTION 15; CONTAINING FOURTEEN AND ONE—HALF ACRES; MORE OR LESS, SITUATED IN THE COUNTY OF DU PAGE AND STATE OF ILLINOIS. AREA TO BE ANNEXED CONSISTS OF APPROXIMATELY 13.6 ACRES. ,,, ,z' Of lx[ of \� q�p '1 „, MORN ui[Or ix[sanrun i/+Or 15-37-_ la _ $I•¢'',� • / i• or .ukc a .. //Fops. �ur 31,lixa+ w'oo \• f 11 ' µD MICHIGAN CAS''''”iLuNois ' 4H / s ' � : / nc vuuc OF 6.10.17 ;... 4,„i �� J ��� Ni - 11S,44i ,,e,,„4" 0 \ \\ 111 Ntik e / " 6 6 `" \ Of V MONT 'g ' l5 l *". \ ' „„4,-,,,..,..- 0- \ WP0, N A# op0\ 6 V t AFTER RECORDING PLEASE RETURN TO: THE VILLAGE OF LEMONT 418 MAIN STREET LEMONT, ILLINOIS 60439 STATE OF ILUNOIS) STATE OF ILLINOIS) 0s„0 F�r L,4. COUNTY OF COOK) COUNTY OF COOK) S,S 0 ♦o'AI APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES I,JAMES L CAINKAR, AN ILLINOIS PROFESSIONAL LAND JAMES NIAi OF THE VILLAGE OF LEMONT, COOK, DuPAGE,AND WALL SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT AS 'S IIS COUNTIES, ILLINOIS AT A MEETING HELD ON THIS HEREON DRAWN IS A CORRECT REPRESENTATION OF THE L* CAINKAR *� PROPERTY DESCRIBED IN THE FOREGOING CAPTION. i 2656 0 SS _DAY OF A.D., 2014, jjjjjj Ao,,°' DATED AT WILLOWB'•. LINOS, THIS 121h DAY OF ,��sl' J� �1�r L LANDS , BY; JULY A,D„ 2014, 5AO.��������.�` PRESIDENT /�/ ATTEST; CLERK JA cF L CAINKAR ILU OIS PROFESSIONAL LAND SURVEYOR No. 2656 JAMES L CAINKAR,P.E. EXPIRES 11-30-14 IL P.L.S.NO.2656 EXPIRES 11-30-14 DATE: 7/17/14 PROJECT NO. 14621 4182 a e EXHIBIT D VILLAGE OF LEMONT ORDINANACE 14 • VILLAGE OF LEMONT ORDINANCE NO. -7/-i'1 () AN ORDINANCE ANNEXING TO THE VILLAGE OF LEMONT APPROXIMATELY 13.6 ACRES (Bow Tie Parcel - 13.6 Acres) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 8`h DAY OF DECEMBER,2014 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont,Cook,DuPage,and Will Counties,Illinois,this 8t day of December,2014. � r ORDINANCE NO. b-74- 4 AN ORDINANCE ANNEXING TO THE VILLAGE OF LEMONT APPROXIMATELY 13.6 ACRES (Bow Tie Parcel - 13.6 Acres) WHEREAS, the Village of Lemont has received a Petition for Annexation pursuant to Chapter 65, Act 5, Section 7-1-1 of the Illinois Compiled Statutes attached hereto as Exhibit A; and WHEREAS,the territory (PIN 10-15-400-001-0000) is described on the Plat of Annexation attached hereto as Exhibit B; and WHEREAS, the territory described in the Petition for Annexation is not within the corporate limits of any municipality but is contiguous to the Village of Lemont; and WHEREAS,the territory proposed to be annexed will continue to be serviced by the same Library District and the Lemont Fire Protection District; 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. The foregoing recitals are hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. Section 2. That the territory(PIN 10-15-400-001-0000) being accurately described and depicted on the Plat of Annexation attached hereto as Exhibit B is hereby annexed to the Village of Lemont, County of Cook, DuPage and Will, State of Illinois. Section 3. That the Village Clerk is hereby directed to record with the Recorder of Deeds and to file with the County Clerk a certified copy of this Ordinance together with an accurate map of the territory annexed appended to this Ordinance. Section 4. 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. Section 5. All Ordinances or parts of Ordinances in conflict herewith shall be and the same are hereby repealed. 1 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL,AND DUPAGE, ILLINOIS,on this 8th day of December, 2014. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: Debby Blatzer tr/ Paul Chialdikas ✓/ Clifford Miklos ✓/ Ron Stapleton ✓/ Rick Sniegowski Jeanette Virgilio BRI 'YES President ATTEST: •II.L , / . i/ /MA HARLENE . SMOLLEN b4apy Village Clerk 2 Exhibit A PETITION FOR ANNEXATION 3 PETITION FOR ANNEXATION TO THE VILLAGE OF LEMONT, DUPAGE COUNTY,ILLINOIS To: The Village President and Board of Trustees Village of Lemont,DuPage County,Illinois c/o Ms. Charlene Smollen Village Clerk Lemont,Village Hall 418 Main St. Lemont,IL 60439 Upon the request of the Village of Lemont, the undersigned petitioner, (hereinafter, "Petitioner"), to the best of its knowledge, is the owner(s) of all of the property described and depicted in Exhibit A attached hereto, and respectfully petitions the Village of Lemont ("Village") to cause the real property described herein to be annexed pursuant to this Petition. Petitioner,to the best of its knowledge on oath states,as follows: 1. The subject property of this Petition are tracts of real estate in unincorporated DuPage County, Illinois identified by various permanent index numbers and square footage and legally described (the "Property") in Exhibit A, a copy of which is attached hereto and made a part hereof. 2. The Petitioner to the best of its knowledge is the owner of record of the Property. and is authorized to execute this Petition. 3. No part of the Property is within the corporate limits of any municipality. 4. The Property is contiguous to the Village of Lemont. 5. There are no electors residing in the Property. 6. The Property consists of approximately 13.6 acres. 7. This Petition shall be in full force and effect from and after the date hereof and until the Property is annexed to the Village in agreement with the appropriate statutes. PETITIONER HEREBY REQUESTS: A. That the Property be annexed to the Village by an ordinance duly adopted by the President and Board of Trustees of the Village pursuant to the Illinois Municipal Code, 65 ILCS 5/7-1-8,et seq.,(the"Act")as from time to time supplemented and amended. B. That such further action be taken by the Village as may be necessary or appropriate to effect this Petition. flHIBITJ tie i S C. The annexation of the Property herein petitioned shall be subject to the approval and execution of a mutually satisfactory annexation agreement with the corporate authorities of the Village. Respectfully submitted this 4th day of September,2014. PETITIONER METROPOLITAN WATER RECLAMATION DISTRICT OF G 4 TER CHICAGQ 4- yana T.S. r•. . . • lam' 3 ommittee on Finance A'ITE , 3. 4uel re T rres,Clerk 2 Exhibit A Plat of Annexation 3 P.I.N. PT. 10-16-400-001 PLAT OF ANNEXATION TO THE VILLAGE OF LEMONT OF PORTION LEASE EpRP'A}RCEI. 25.01 SCALE: r 4 200' THAT THE AWN CHANNETHE OF INC ARY DISTRICT OF TOWNSHIP CHICASO.ANO THE ND� RESERVE UNE OF OF THECILLINOIS AND NCH/GAN CANAL AND IS INCLUDED DETWEEN TWO LINES DRAWN AT RIGHT MOLES TO THE SOUTHEASTERLY UNE OF SMD AWN CHMNNE ONE AT THE INTERSECTION OF SAO CHANNEL LINE NTDI THE NORTH AND SOUTH CENTER UNE OF SAID SECTION 15 AND THE OTHER AT A POINT SOO FEET SOUTHWESTERLY FROU ITS INTERSECTION WTIH THE EAST LINE OF SAID SECTION 15;CONTAINING FOURTEEN AND ONE-HALF ACRES; MORE OR LESS,SITUATED IN THE COUNTY Of DU PAGE AND STATE OF IWNOIS. AREA TO BE ANNEXED CONSISTS OF APPROXIMATELY 13.6 ACRES. u{�w� j .- Ti . d.., AA A - // fil" 1 ..* __-. ....,... ..,,- ,,,, / A - , , / \ ..,, 0000....,,,, .. .,.. „0:i , , ,... ....... i 1 „,,,, , ,, ‘0.„,,,,, 8 * ' ay AFTER RECORDING PLEASE RETURN TO: THE VILLAGE OF LEMONT 418 MAIN STREET LEMONY,ILLINOIS 60449 STATE OF ILLINOIS) STAR OF ILLINOIS) BLS ,."t 0.,,,E.(.4 9��L COUNTY Of COOK) COUNTY Of COOK) APPROVED BY THE PRESWENT AND BOARD Of TRUSTEES tt,,JAMES L.CARIXAR AN ILLINOIS PROFESSIONAL LAND to 2NGS v.., OF THE NLLAOE OF LEMONT,COOK.OUPAOC ADO IRLL *MAYOR,00 HEREBY CERTIFY NAT THE PLAT AS T* *. COLD MS.ILLINOIS AT A MRIMO NEW ON WS HEREON DRAWN IS A CORRECT REPRESENTATKIN Cf NNE ; OIL • PROPERTY DESCRIBED RI THE fOREC0IN0 CAPTION. ",} _�DAY OF-A.D.,2014. . DATED AT 'OHS.THIS]71h DAY CF I, " ^ BY; .Le.Y AO..2014. d I M'1�,, PRESIDENT //'/' ATTEST; L CAIMLAR CLEAR PROFESSIONAL LAW SURVEYOR No.2404 JAMES 1..CAROCAR,P.E. EXPIRES 11-30-14 IL PLS.NO.5456 EXPIRES 11-30-14 DATE: 7/17/14 PROJECT NO.14021 4102 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) "7g [1//0 7M Notary Public in and for said County, in the State aforesaid,�OO HEREBY CERTIFY that Mariyana T. Spyropoulos, personally known to me to be the Chairman of the Committee on Finance of the Board of Commissioners of the Metropolitan Water Reclamation District of Greater Chicago, a body corporate and politic, and Jacqueline Torres, personally known to me to be the Clerk of said body corporate and politic, 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 body corporate and politic, and caused the corporate seal of said body corporate and politic to be affixed thereto, pursuant to authority given by the Board of Commissioners of said body corporate and politic, as their free and voluntary act and as the free and voluntary act and deed of said body corporate politic,for the uses and purposes therein set forth. GIVEN u Zia--der my hand and Notarial Seal this o ia-- day of A.D. 20( 4/111744_1 Notary Public My Commission expires: LIANE TALKINGTON aT.? OFFICIAL SEAL c w Notary Public.Slate of Illinois • / My Commission Expires June 24.2018 APPROVED AS TO FORM AND LEGALITY: Yd Head Assistant Atto ney General Counsel APPROVED: Executive Director RECEIVED: • Fee NIA- Insurance N 4 Bond l___ Exhibit B PLAT OF ANNEXATION 4 P.I.N. PT. 10-15-400-001 PLAT OF ANNEXATION A TO • THE VILLAGE OF LEMONT OF LEASE PARCEL 25.01 SCALE. 1"= 300' THAT PORTION OF THE EAST 1/2 OF SECTION 15, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN WHICH LIES BETWEEN THE MAIN CHANNEL OF THE SANITARY DISTRICT OF CHICAGO, AND THE NORTHWESTERLY RESERVE LINE OF THE ILLINOIS AND MICHIGAN CANAL AND IS INCLUDED BETWEEN TWO LINES DRAWN AT RIGHT ANGLES TO THE SOUTHEASTERLY LINE OF SAID MAIN CHANNEL, ONE AT THE INTERSECTION OF SAID CHANNEL LINE WITH THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 15 AND THE OTHER AT A POINT 500 FEET SOUTHWESTERLY FROM ITS INTERSECTION WITH THE EAST LINE OF SAID SECTION 15; CONTAINING FOURTEEN AND ONE-HALF ACRES; MORE OR LESS, SITUATED IN THE COUNTY OF DU PAGE AND STATE OF ILLINOIS. AREA TO BE ANNEXED CONSISTS OF APPROXIMATELY 13.6 ACRES. 7 %/ // .as s� fit- s',. //// " •t,`,Trtt,am8 °o'xESU 0,0 w T•c wu wn''+• ,/ 4'1.. Sys \ // f' \ m i r��' 0*. f• // \ Ip WN015�AN O y. a/ \m" -\\ 0.C' 0,7,47/09 s \ \ . 1 T � 9'o „� \ \\ 3 5P .4 \ ., -4'00 \ a>A tee s t�g\1c 'i. ONOP��g� X II De AFTER RECORDING PLEASE RETURN TO: THE VILLAGE OF LEMONT 418 MAIN STREET LEMONT, ILLINOIS 60439 ...,•a• STATE OF ILUNOIS STATE OF ILLINOIS) ....4 o F I1"",� COUNTY OF COOK) COUNTY OF COOK ) S'S 4.ho 3/.p hT 0' APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES I, JAMES L CAINKAR, AN IWNOIS PROFESSIONAL LAND 7 y JAMES ,..fr OF THE VILLAGE OF LEMONT, COOK,DuPAGE, AND WILL SURVEYOR.DO HEREBY CERTIFY THAT THE PLAT AS ;4, COUNTIES,ILLINOIS AT A MEETING HELD ON THIS HEREON DRAWN IS A CORRECT REPRESENTATION OF THE i t4 CAINKAR PROPERTY DESCRIBED IN THE FOREGOING CAPTION. 1:;,#.14 2656 0 5 DAY OF A.D., 2014. i � ,�'ti� DATED AT WILLOWS-•0 UNOIS, THIS 17th DAY OF ,•;4p0. LI.ANT4 f BY; JULY A.D., 2014. °yp,,,,,,, PRESIDENT ATTEST; CLERK JAS?: L CAINKAR �� ILLI OIS PROFESSIONAL LAND SURVEYOR No. 2656 JAMES L.CAINKAR,P.E. EXPIRES 11-30-14 IL.P.L.S.NO.2656 EXPIRES 11-30-14 DATE: 7/17/14 PROJECT NO. 14621 4182 .' •. EXHIBIT E ORDER OF METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO 15 .",-."!`.`:ya . Metropolitan Water Reclamation ,, Metropolitan East Erie Street ,\ Chicago,IL Stre('f71 � 1 District of Greater Chicago I-. . ,, Y Certified Copy Agenda Item: 14-0924 File Number: 14-0924 Authority to execute petition for annexation and enter into annexation agreement with the Village of Lemont for the annexation of approximately 13.6 acres of District land into the Village of Lemont Dear Sir: The Village of Lemont("Lemont") has requested the District's cooperation and consent in having an approximately 13.6 acre unincorporated area of District real estate annexed into Lemont's corporate boundaries. The area of land is located between the Main Channel and the Illinois & Michigan Canal and is part of Lemont's leasehold on Main Channel Parcel 25.01 used for open space and recreation. With the site located within a municipality, services such as fire protection, police and ambulance will come from a single source. Any annexation agreement entered into will require that Lemont bear responsibility for all costs and expenses associated with the annexation process and that the District will not bear any new monetary or other liability associated with the entering into or implementation of the annexation agreement. The District's technical departments have reviewed this request and have no.objections to the annexation. It is requested that the Executive Director recommend to the Board of Commissioners that it authorize the District to execute a petition for annexation and enter into an annexation agreement with the Village of Lemont for the annexation of approximately 13.6 acres of District land into the Village of Lemont. It is further requested that the Executive Director recommend to the Board of Commissioners that it authorize and direct the Chairman of the Committee on Finance and the Clerk to execute the Petition for Annexation, the Annexation Agreement and any other related documents after they are approved by the General Counsel as to form and legality. Requested, Ronald M. Hill, General Counsel, RMH:SM:vp Recommended, David St. Pierre, Executive Director Respectfully submitted, Mariyana T. Spyropoulos, Chairman Committee on Real Estate Development Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for September 4, 2014 Attachment Metropolitan Water Reclamation District of Greater Chicago Page 1 EXHIBIT Printed on 9/15/2014 ttEtt File Number: 14-0924 • I, Jacqueline Torres, Clerk of the Metropolitan Water Reclamation District of Greater Chicago, and keeper of its official records and seal DO HEREBY CERTIFY that the attached File Number 14-0924, was duly presented and passed at the Regular Board Meeting held on 09/04/2014. I HEREBY CERTIFY that said File Number remains in full force and effect and has not been rescinded, modified or amended. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Metropolitan Water Reclamation District of Greater Chicago.()1411141.4 Attest: September 15, 2014 Jacqueline Torres Date Certified Poietropoiiton Water Reclamation District of Greater Chicago Page 2 Printed on 9/15/2014 APPROVED AS"TO FORM AND LEGALITY: ead Assis nt Attorney General Counsel APPROVED: Executive Director RECEIVED: Fee/W Insurance Bond