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O-39-15 Ord granting amend to annex agrmt apprv PUD for Target/Kohl's Shopping Center VILLAGE OF LEMONT ORDINANCE NO. 0-3 —IS AN ORDINANCE GRANTING AN AMENDMENT TO THE ANNEXATION AGREEMENT AND APPROVED PLANNED UNIT DEVELOPMENT FOR THE TARGET/KOHL'S SHOPPING CENTER IN LEMONT, IL (Target/Kohl's Shopping Center Amendment to Annexation Agreement and PUD Amendment) Adopted by the President and Board of Trustees of the Village of Lemont This 9th Day of November,2015. 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 9th day of November,2015. ORDINANCE NO. 04/46.-- AN ORDINANCE GRANTING AN AMENDMENT TO THE ANNEXATION AGREEMENT AND APPROVED PLANNED UNIT DEVELOPMENT FOR THE TARGET/KOHL'S SHOPPING CENTER IN LEMONT,IL (Target/Kohl's Shopping Center Annexation Agreement and PUD Amendment) WHEREAS, the Village of Lemont desires to enter into an Target/Kohl's Shopping Center Annexation Agreement Amendment for the territory referred to as the Target/Kohl's Shopping Center; and WHEREAS, Kohl's Illinois (hereinafter referred to as "KOHLS"), and Target Corporation, successor-in-interest to Dayton Hudson Corporation, and Long Run 1031, LLC, (hereinafter collectively referred to as "OWNERS") are the owners of record of the real estate (hereinafter referred to as the "TERRITORY"), legally described and depicted on Exhibit A, attached hereto and by this reference made a part hereof; and WHEREAS, the OWNERS are ready, willing, and able to enter into said Target/Kohl's Shopping Center Annexation Agreement Amendment 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; WHEREAS, the TERRITORY was previously annexed and identified as the TERRITORY pursuant to a certain Annexation Agreement dated March 8, 1999, as Ordinance No. 0-21-99 and recorded as Document No. 99376262 with the Cook County Recorder of Deeds (hereinafter referred to as "the AGREEMENT"); and, WHEREAS, On April 12, 1999 the Lemont Village Board of Trustees approved Ordinance 0-29-99, granting Planned Unit Development("PUD") approval for the Target/Kohl's Shopping Center; and WHEREAS, Kohl's, as an owner, submitted an application to amend the Target Kohl's Shopping Center PUD to allow façade changes to the Kohl's store; WHEREAS, pursuant to Section 11-15.1-3 of the Illinois Municipal Code 65 ILCS 5/11-15.1-3) the corporate authority of the Village held a public hearing on July 14, 2014, pursuant to properly published notice, regarding the proposed Target/Kohl's Annexation Agreement Amendment; and WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois conducted a Public Hearing on May 21, 2014 for approval of the PUD amendment; and WHEREAS, the President and Board of Trustees of the Village has reviewed the matter herein and has determined that the same is in the best interest of the Village of Lemont, and herein adopts the finding of facts as set forth in Exhibit"B". NOW, THEREFORE,BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE, AND WILL,ILLINOIS: SECTION 1: The above recitals are hereby incorporated into this Ordinance as if set forth verbatim. SECTION 2: That the President be and is hereby authorized and directed,and the Village Clerk is directed to attest to a document known as Target/Kohl's Annexation Agreement Amendment, attached here to as Exhibit C. SECTION 3: An amendment to the Target /Kohl's Shopping Center PUD is granted to allow façade changes as depicted in Exhibit D. 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. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE AND WILL, ILLINOIS, ON THIS 9th DAY OF NOVEMBER,2015. AYES NAYS ABSENT ABSTAIN Debby Blatzer V Paul Chialdikas l/ Clifford Miklos Ron Stapleton Rick Sniegowski Jeanette Virgilio Approved by me this 9th day of November,2015 BRIAN K. Village Pre • t lJ A r l/ CHARLENE M. SMOLLEN,Village Clerk EXHIBIT A Legal Description Ryan's Lemont Retail Subdivision, being a subdivision of part of the southeast quarter of the southwest quarter and the east half of the southwest quarter of Section 32, Township 37 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois, according to the plat thereof recorded August 10, 1999 as Document 99757983. Parcel Index Numbers: 22-32-302-010-0000 22-32-302-01 1-0000 22-32-302-012-0000 22-32-302-013-0000 U) , tot E ...., lig - o ri.. lilt_ ! . .! 1 0 U 0 ... u. z ...1.''''', ....1..'"' . \ .."..... 0 0 ..1.,....1=MMI. ........ ....z .17Mti L ' g I I 0 i---------- ." 'IT; rt. 1 ', NI: • • i Nss,-,..;\ •, ni.:11 as. 1 CO — 7 1 711j1L414‹%;,..,,N 11, g 1:3 r!;111 A 4 .N. -m 0 Po12.2.3 X 4! 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The requested façade improvements to the Kohl's Department store will not alter the essential character of the Target / Kohl's Center; and 2. The requested façade improvements are an investment in the community and consistent with the general intent of the PUD which is to ensure a quality development. Planning&t Economic Development Departme;7t Form 2 i 3 2l).!pr 10 EXHIBIT C TARGET/KOHL'S CENTER PUD ANNEXATION AGREEMENT AMENDMENT THIS AMENDMENT TO THE ANNEXATION AGREEMENT, is made and entered into this day of , 2015, 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 Kohl's Illinois (hereinafter referred to as KOHLS"), and Target Corporation, successor-in-interest to Dayton Hudson Corporation, and Long Run 1031, LLC, (hereinafter collectively referred to as "OWNERS"). The VILLAGE and the OWNERS are hereinafter sometimes referred to individually as a "Party"and collectively as the "Parties";and, WHEREAS, OWNERS are the owners of record of the real estate (hereinafter referred to as the "TERRITORY"), depicted and attached hereto as Exhibit A and by this reference made a part hereof; and WHEREAS, the TERRITORY was previously annexed and identified as the TERRITORY pursuant to a certain Annexation Agreement dated March 8, 1999, as Ordinance No. 0-21-99 and recorded as Document No. 99376262 with the Cook County Recorder of Deeds (hereinafter referred to as "the AGREEMENT"); and, WHEREAS, KOHLS, one of the OWNERS, is the owner of record of a parcel in the TERRITORY, depicted and attached hereto as Exhibit B and by this reference made a part hereof; and WHEREAS, the OWNERS are desirous of amending said AGREEMENT regarding the exterior facade of the KOHLS'; and WHEREAS,pursuant to Section 11-15.1-3 of the Illinois Municipal Code 65 ILCS 5/11- 15.1-3) the corporate authority of the Village held a public hearing on July 14, 2014,pursuant to properly published notice, regarding this proposed amendment to the AGREEMENT; and NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter contained,the Parties agree as follows: SECTION 1: Incorporation of Recitals. The foregoing findings and recitals are hereby adopted as Section 1 of this Ordinance and are incorporated by reference as if set forth verbatim herein. SECTION 2: Amendments. The AGREEMENT is hereby amended as follows: 1. Exhibit D-1 (attached hereto as Exhibit C to this AMENDMENT) shall be attached to the AGREEMENT in addition to and as a supplement to the existing Exhibit D of the AGREEMENT. Exhibit D-1 shall replace and modify only the depicted portion of KOHLS' exterior facade and elevations shown on the Exhibit D. All unaffected portions of the depicted facades and elevations shown on Exhibit D shall remain in full force and effect. 2. Section II(1)(B) shall be replaced in its entirety with the following text: B. B-3 Commercial District,for the remainder of the Territory, consisting of a six- lot commercial subdivision, including two (2) commercial outlots (collectively, the "Commercial Tract", as legally described on Exhibit "A-2"), in accordance with the preliminary plat of PUD (the "Preliminary PUD Plat") attached hereto and incorporated herein as Exhibit "C," in accordance with certain landscape plans, architectural elevations and conceptual sign plans, attached hereto and incorporated herein as Exhibit "D," which have been submitted by the OWNER and DEVELOPER for review and approval by VILLAGE staff prior to the execution of this Agreement, and Exhibit "D-1" and in accordance with Conditions #1 through and including # 26 as set forth in Exhibit "E," attached hereto and incorporated herein. Said zoning classification has been the subject of a public hearing by the Planning and Zoning Commission and approval of the VILLAGE Board. The principal permitted and special uses which shall be permissible in the TERRITORY are set forth in Exhibit"F,"attached hereto and incorporated herein. 3. Section XXV(inadvertently labeled XV in the AGREEMENT) shall be replaced in its entirety with the following text: XV AMENDMENT This AGREEMENT sets forth all the promises, inducements, agreements, conditions and understandings between the PARTIES hereto relative to the subject matter thereof, and there are no promises, agreements, conditions or understandings, either oral or written, express or implied, between them, other than are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this AGREEMENT shall be binding upon the PARTIES hereto unless authorized in accordance with law and reduced in writing and signed by them. This AGREEMENT may be amended between the VILLAGE and any affected owner(s) of record of a portion of the TERRITORY without the consent of the non- affected owners of the other portions of the TERRITORY, to the extent such amendment does not alter or change any rights and obligations of a non-affected owner. IN WITNESS WHEREOF,the parties have caused this Amendment to be executed on the day and year first above written. VILLAGE OF LEMONT an Illinois Municipal Corporation By: Village Prestddyht (AO 1 ATTEST: // 2 B ii Ad/ I Village Clerk OWNERS: Kohl's Illinoi Inc. By: dile,— Jas, J. Ke oy Its: cretary OTHER OWNERS SIGNATURE LINE:, Target C.. .oration�� /y By.;�/���/!<L/i!!� ames L. Tucker Director Real Estate Title of f'orporation Long Run 1031, LLC By: Title of Officer 2 ATTEST: By: Village Clerk OWNERS: Kohl's Illinois, Inc. By: Jason J. Kelroy Its: Secretary OTHER OWNERS SIGNATURE LINE:, Target Corporation By: Title of Officer Long Run 1031,LLC By. Title of Officer 2 NOTARY CERTIFICATES STATE OF ILLINOIS ) ) ss COUNTY OF COOK ) I, the undersigned, a Notary Public, in and for the County and Sate aforesaid, DO HEREBY CERTIFY that461+174N- VES, personally known to me to be the President of the Village of Lemont, and CHARLENE M. SMOLLEN, personally known to me to be the Village clerk of said municipal corporation, 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 President and Village Clerk,they signed and delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the Board of Trustees of said municipal corporation, as their free and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. *f.Mayo; PrOTeni lD. b12 ( B lcl'IZ er- GIVEN under my hand and official seal,this '1 ej oi day of NQVen1 bee' _2015. 4,42.&/ Mae{ ( t Notary P�fblic ry OFFICIAL SEAL LINDA K.MOLITOR NOTARY PUBLIC,STATE OF ILLINOIS My commission expires on 9t2iWailf 3 , 20 140 MY COMMISSION• INKS 1.34Ot6 STATE OF WISCONSIN ) ) ss COUNTY OF WAUKESHA), I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that the above-named JASON J. KELROY,personally known to me to be the Secretary of Kohl's Illinois, Inc., appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and official seal,this ay of G to t', 2015. 772 111 T?4otary Public NOTARY PUBLIC STATE OF WISCONSIN My commission expires on 4 ` , 20 E1 MARY B. COLEMAN 3 STATE OF MIAAt tio-t . ) ss COUNTY OF 4.1entutpol ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that the above-named j#Jie/ L. 'Row , 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 acknowledged that they signed and delivered the said instrument as their own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and official seal, this 11 day of M,t ral , 2015. }a Vid1/0LISA C. WELLS Notary Public NOTARY PUBLIC•MINNESOTA MY COMMISSION EXPIRES 01/31/18 My commission expires on JLtn. 3/ _, 20 lb). 4 ATTEST: //, Village Clerk OWNERS: Kohl's IIlinois, Inc. By: Jason J. Kelroy Its: Secretary OTHER OWNERS SIGNATURE LINE:, Target Corporation By: Title of Officer Long Run 1031,LLC Title of Officer 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 .•sit....at.w_s..C_va.....:s>t si`.c..,._Jw ....e.-..,...-..,.a :.w ./_�:u�!n a....w:�_:.._wc.w¢.a..a,,,...Oda wi,-.�w!w .e. A notary pubic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County ofi Di 90 ) On �p4Gwt�f i✓ /4 26/5 before me, (ihuti e' k ram'cia ho Yy PuLLLC , Date Here sert Name and Title of tfie Officer personally appeared -.--jciaints g VVarl1-flex Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person{ whose name(-is/ace subscribed to the within instrument and acknowledged to me that he/sit y executed the same in his/C /*fi6iir-authorized capacity(),and that by hisf e 7t "r signatureN on the instrument the person(S), or the entity upon behalf of which the person*acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CHERIE LEIGH 0 LLDORF WITNESS m7/6-a.. • and official seal. Commission* 1949649 a■ 1 Notary Public-California z { 2 -..,\ z S_an Diego County r Signature ` ,,/,'u, 'z� 1 74: My Comm.Expires Sep 22.2015 Signat re of Notary I lic Place Notary Sea/Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: T t i(Ci i S C nntkk.Y t"J LICE Document Date: 117/5/zoi5 Number of Pages: Signer(s) Other Than Named Above: / Capacity(ies) Claimed by Signers) Signer's Name: .4rt,wtes OP .IA ..ir!t/Lr' Signer's Name: -- Corporate Officer — Title(s): Corporate Officer — Titlei,$): (Partner — -7 Limited .General Partner — Limited General Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: -^Tm'z "',.: .• -.vsw-as-y4,,,,V aca'c��.-.� , e.::vae..a.-5_,,,,r,-,•-..'a>r.,s,,,.a ys:�:.' .%�a• •y ft ©2014 National Notary Association•www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 Exhibit A Description of TERRITORY LEGAL DESCRIPTION EAST PARCEL: A PART OF THE SOUTHEAST 'A OF THE SOUTHWEST '/4 OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, SAID PART LYING SOUTH OF THE NORTH 175 FEET OF SAID SOUTHEAST 1/4; SAID PART ALSO LYING WESTERLY OF THE NORTHWEST LINE OF A TRACT OF LAND CONVEYED BY QUIT CLAIM DEED TO THE COUNTY OF COOK RECORDED SEPTEMBER 29, 1942, AS DOCUMENT 12964874; AND SAID PART ALSO LYING WESTERLY OF THE NORTHWEST LINE OF A TRACT OF LAND DEDICATED TO THE STATE OF ILLINOIS FOR PUBLIC HIGHWAY (ARCHER AVENUE) RECORDED MARCH 10, 1944, AS DOCUMENT 13243343; ALL IN COOK COUNTY,I LLINOIS. WEST PARCEL: THE EAST 1/2 OF THE SOUTHWEST 'A OF THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, (EXCEPTING THE NORTH 175 FEET THEREOF AND EXCEPT THE WEST 365 FEET OF THE SOUTH 630.33 FEET THEREOF). PINs: 22-32-302-004 22-32-301-007 6 Exhibit B Legal Description/Site Plan of Parcel located within TERRITORY Parcel 1: Lot 2 of Ryan's Lemont Retail Subdivision, being a subdivision of part of the Southeast 1/4 of the Southwest 1/4 and East 1/2 of the Southwest 1/4 of Section 32,Township 37 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois,according to the plat thereof recorded August 10, 1999 as Document 99757983. Parcel 2: Easements for ingress and egress, parking, utilities, construction,maintenance,reconstruction, and signs as created by the Operation and Easement Agreement dated August 10, 1999 made by and among Dayton Hudson Corporation, a Minnesota corporation, Kohl's Department Stores,Inc. a Delaware corporation, and Ryan Companies US. Inc., a Minnesota corporation, recorded on August 12, 1999 as Document 99770073 over and across the land delineated o the site plan attached as Exhibit"X" thereto. Permanent Index Number 22-32-301-007-0000;22-32-302-004-0000 Property Address: 13440 Archer Avenue Lemont,IL 60439 7 I it 0!II E.. 11 f-4 CO ; '', If ......1 '-i al Amon I 4 I , /!3 .I , . ..,1, . s. .WM1 N.•••0170MIPS“ 1''Ir4''.••1•,..r...:.1r...."....1141MOM 11.4 , 041 . ' • !I t I! A 4441111Wiiin alo 1 ' t !;111 1. i \■ '.1 74i. 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