R-30-19 Authorizing Approval of a Memorandum of Understanding with William BrennanVILLAGE OF LEMONT
RESOLUTION
NUMBER R-_LD -19
A RESOLUTION AUTHORIZING APPROVAL OF A MEMORANDUM OF
UNDERSTANDING WITH WILLIAM BRENNAN
JOHN EGOFSKE, Village President
CHARLENE M. SMOLLEN, Clerk
DEBBY BLATZER
DAVE MAHER
RYAN KWASNESKI
KEN MCCLAFFERTY
RICK SNIEGOWSKI
RON STAPLETON
Trustees
Published in pamphlet form by authority of the Village President and Board of Trustees of the Village of Lemont oni --62019
RESOLUTION NO. R-_30 -19
A RESOLUTION AUTHORIZING APPROVAL OF A MEMORANDUM OF
UNDERSTANDING WITH WILLIAM BRENNAN
WHEREAS the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, ("the
Village") is a municipality in the state of Illinois with full powers to enact ordinances and adopt
resolutions for the benefit of the residents of the Village; and
WHEREAS the Village is desirous to enter into a memorandum of understanding with
William Brennan regarding the development of a certain portion of 5�" Street in the Village of
Lemont as further described in the attached Exhibit A; and
WHEREAS the President and the Board of Trustees of the Village find that it is in the best
interests of the Village to authorize the memorandum of understanding as further described in the
attached Exhibit A ("Agreement") with William Brennan;
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the
Village of Lemont, Counties of Cook, Will and DuPage, Illinois, as follows:
SECTION 1: RECITALS.
That the above recitals and legislative findings are found to be true and correct and are
hereby incorporated herein and made a part hereof as if fully set forth in their entirety.
SECTION 2:
Subject to attorney review, the Memorandum of Understanding with William Brennan,
individually or as trustee, is hereby approved and authorized in substantially the same form as
Exhibit A attached hereto.
SECTION 3:
The Village President or his designee is hereby authorized to execute the Agreement in
substantially the form attached hereto as Exhibit "A."
SECTION 4: EFFECTIVE DATE.
This Resolution shall be in full force and effect from and after its passage, approval and
publication in pamphlet form as provided by law.
ADOPTED this day of April, 2019.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, ON
THIS 15 DAY OF �Tri� 2019.
PRESIDENT AND VILLAGE BOARD MEMBERS:
AYES: NAYS: ABSENT: ABSTAIN:
Debby Blatzer ✓
Ryan Kwasneski ✓
Dave Maher
Ken McClafferty ✓
Rick Sniegowski ✓
Ron Stapleton
Jorm Eg ske, Village President
Attest:
Charlene M. Smollen, Village Clerk
by Je,�fy C��io�,E�
EXHIBIT A
Memorandum of Understanding
Memorandum of Understanding
On this day of v f; 1, 2019, the Village of Lemont, an Illinois municipal
corporation("Village") and a property owner at 480 51h St. in the Village of Lemont — WilIiam
Brennan Individually or "Owner" The Village and the Owner may be referred to as "Party" and
collectively as "Parties"), enter into this Memorandum of Understanding("Memorandum") which
is made based upon the following:
Whereas, the Village and the Owner have had discussions regarding improvements to be made for
the benefit of the Village and Owner over the last year.
Whereas, Marquette National Bank Land Trust Number 5251 and William C. Brennan, as Trustee
of the William C Brennan Trust dated November 20, 1989, as owners of certain properties on the
west side of 51h St. in the Village of Lemont(collectively "West Side Owners") filed a complaint
in the Circuit Court of Cook County, Illinois, Chancery Division under case number 2017 CH
4566("Lawsuit") against the Owners including predecessor owners.
Whereas, a judgment was entered in favor of the West Side Owners in the Lawsuit determining
that 5`h St. in its present location is a public street giving access to the West Side Owners'
properties. A copy of the court order is attached to this memo of understanding.
Whereas, the West Side property owners are proceeding with zoning and variation requests for
their properties.
Now, therefore, for good and valuable consideration, the adequacy and sufficiency of which are
hereby acknowledged, it is hereby agreed as follows:
1. Property owners Hoffman and Pawl are expected to grant easements for the construction
and maintenance of a water main on their property which will allow for water service to be
constructed to Brennan's property. The plats of easements are expected to be signed by
the owners during the week of April 8, 2019 and approved at the April 15`h Village Board
Meeting.
2. Village will acquire the right-of-way owned by the property owners on east side of 5'
Street, including the remnant land west of Fifth Street.
3. Village will widen the road to an acceptable level, in conjunction with development of lots
on 51h Street and/or a future capital project.
4. Village will design, engineer, construct and finance a water main project on 51h street via
easements and/or dedicated right-of-way from property owners on west side of Sth Street. If
easements are granted and approved at the April 1S, 2019 Village Board Meeting, the
utility project will commence and be completed in calendar year 2019.
5. Village will approve and record a recapture agreement against the owners and successors
for properties on west side of 5th Street for the purposes of recouping costs of the
improvement at time of building permit. No fee will be due until the properties
develop. The estimated recapture amount will be $30,000 per property (engineers estimate
for project is $90,000 to be split up equally among three properties: 45911 411 Street
(Hoffman), 469 0 Street (Pawl) and 480 51h Street (Brennan)). The actual amount of the
recapture will be consistent with the approved contract for the project.
[00675597 2)
6. The Village will approve variations William Brenna for lot size and lot width that will
accommodate two (2) buildable lots on 5th Street. The approved variations will be
accompanied by a dedication of right-of-way which will allow for extension of the water
line to the south lot line of Brennan's property. In consideration of the recapture referenced
in item 5 above, the Village will waive the water tap on charges for their respective the
Brennan properties when they are developed.
In Witness Whereof, this Memorandum of Understanding is entered into on the date first and above
written.
, Wn �,Iewz. a a J. Oz.
The Village of Lemont
By:
Name:
Title:_ V l (e-4, r(
100,
(00675597 21 2
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT — CMAINCERY DIVISION
MARQUETTE NATIONAL, et al,
Plaintiffs,
V.
GERALD JOHNSON, et. al,
Defendants_
ORDER
Case No. 17 CH 4566
Judge Diane Joan Larsen
Calendar 7
This cause comes to be heard on Plaintiffs' Motion for Summary Judgment on Count II, the
patties having appeared and the Court being fully advised in the premises:
IT IS HEREBY ORDERED:
1) Summary judgment is entered in favor of Plaintiffs and against all Defendants based
on the following findings:
i. 5`h Street is a public way for vehicular travel which has been used as a
highway for over 15 years;
ii. 5`b Street includes the rights of way, drainage structures, signs, and all other
structures and appurtenances necessary or convenient for vehicular traffic;
iii. The travelling public, including persons having business dealings with or
soliciting business from the residents who reside on 5 h Street have had
unrestricted, unlimited, continuous, and uninterrupted free access to and use
of 5t` Street as a public highway for over 20 years without the consent or
permission of Plaintiffs or Defendants but with Plaintiffs' and Defendants'
knowledge;
iv. Plaintiffs have met all of the requirements for the establishment of 5cn Street as
a public highway pursuant to Section 2-202 of the Illinois Highway Code-
V. There are no genuine issues of material fact to dispute Plaintiffs' Motion for
Summary Judgment on their claims under Count 11 for declaratory judgment,
and;
6. Plaintiffs are entitled to judgment as a matter of law.
2) The Court enters a declaratory judgment that:
i. 5`s Street in the Village of Lemont is a highway as the term "highway" is
defined by the Illinois Highway Code, 605 iLCS 5/2-202, and;
Page 1 of 2
ii. The Plaintiffs and their assigns have the right to ingress and egress over and
along the roadbed of 5`h Street in Lemont, iliinois as a highway and without
interruption, compensation, or permission from Defendants, and;
3) Count I is dismissed as moot.
THIS IS A FITgAL ORDER.
April 27, 2018
Dated
Page 2 of 2
AR)GE D#ANE d, WSEN-1771
APR 2 7 2010
Diane Joan Larsen, Judge 1771