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Ordinance 474, 07-12-82VILLAGE OF LEMONT ORDINANCE N0. ORDINANCE AUTHORIZING THE EXECUTION OF ANNEXATION AGREEMENT BETWEEN NORTH AMERICAN CAR CORPORATION AND VILLAGE OF LEMONT Adopted by the President and Board of Trustees of the Village of Lemont This 12th day of July , 1982. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook County, Illinois, this 12 day of July , 1982. ORDINANCE NO. ORDINANCE AUTHORIZING THE EXECUTION OF ANNEXATION AGREEMENT BETWEEN NORTH AMERICAN CAR CORPORATION AND VILLAGE OF LIMONT WHEREAS, it is in the best interests of the Village of Lemont, Cook County, Illinois that a certain annexation agreement pertaining to approxi- mately 200 acres with North American Car Corporation be entered into; and, WHEREAS, an annexation agreement has been drafted and is on file with the Village Clerk, a copy of which agreement is attached hereto and incorporated herein; and, WHEREAS, North American Car Corporation is the title holder of record of the territory which is the subject of said agreement, and is willing, ready and able to enter into said agreement and to perform the obligations as required hereunder; and, WHEREAS, the statutory procedures provided in Division 15.1 of Article 11 of the Illinois Municipal Code, as amended, for the execution of said annexation agreement have been complied with; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: That the President be and he is hereby authorized and directed, and the Village Clerk is directed to attest, a document known as "Annexation Agreement" between the Village of Lemont and North American Car Corporation dated the 12 day of July , 1982, for approximately 200 acres, (a copy of which is attached hereto and made a part hereof). - 2 - 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. AYES: Bromberek., Jucklns,, Steck, Zielke NAYS: None ABSENT: Busch -man, Skopec PASSED and APPROVED this 12 day of JU1Y —) 1982. ! ZLI Vage President Attest: PEARL A. MENTCH, V'tllage Clerk ANNEXATION AGREEMENT THIS AGREHYIENT made and entered into thisIA_A day of , 1982, by and between the VILLAGE OF LEMONT, a Municipal corporation (the "Village"), by and through its Mayor and Board of Trustees (the "Corporate Authorities"), and NORTH AMERICAN CAR CORPORATION, ("Owner"): inavalonamless WHEREAS, the Owner is the owner of record of a certain parcel of real estate, legally described in Exhibit A, attached hereto and made a part hereof (the "Property"), and which real estate is contiguous to the -corporate limits of the Village; and, WHEREAS, the Owner desires to have said parcel of real estate annexed to the Village, upon certain terms and conditions hereinafter set forth; and, WHEREAS, the Property is presently unincorporated, and is contiguous to and may be annexed by the Village, as provided by Article 11 of Illinois Municipal Code; and, WHEREAS, the Owner is also the lessee of a certain parcel of real estate, which is contiguous to the Property (the "Leased Property"), which is owned by the Metropolitan Sanitary District ('14SD") and which was the subject of a certain Resolution by the Village which Resolution provides, among other things, for the annexation of the Leased Property; and, WHEREAS, the Village has filed a petition with the MSD requesting the acquiescence of the MSD to said annexation; and, WHEREAS, in order to accommodate the unified use and control of the Property and the Leased Property (collectively hereinafter referred to as -2 - the "Subject Property"), the Village and Owner desire to enter into this Agreement and thereby to regulate the use of all of the real property descri- bed in Exhibits A and B; and, WHEREAS, pursuant to notice duly published, as required by statute and ordinance-, a public hearing(s) was held by the Lemont Plan Commission on the Petition of the Owner, to consider annexation and zoning ordinance map amendment concerning the Property and the unified use of the Subject Property as provided herein, and recommendations made by said Commission were submitted to the Corporate Authorities; and, WHEREAS, pursuant to the provisions of Section 11-5.1-1, et seq., of the Illinois Municipal Code, 1981 Illinois Revised Statutes, a proposed Annexation Agreement, in substance and in form the same as this Agreement, was submitted to the Corporate Authorities, a public hearing(s) was held thereon by the Corporate Authorities pursuant to legal notice, duly published as provided by statute; and, WHEREAS, the Corporate Authorities, after due and further careful consideration, have concluded that the annexation of the property to the Village, on the terms and conditions hereinafter set forth, and the unified use of the Subject Property, as provided herein, would further the growth of the Village, would enable the Village to control the use of the Subject Property, and would be in the best interests of the Village. NOW, THEREFORE, in consideration of the premises, and of the mutual covenants and agreements herein contained, IT IS HEREBY AGREED AS FOLLOWS: 1. Authority for Agreement. This Agreement is made pursuant to and in accordance with the provisions of Section ll -15.171, et seq., of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, 1981). - 3 - 2. Petition for Annexation. The Owner shall file a properly executed Petition for Annexation of the Property contingent upon execution of this Agreement. Thereafter, the Village of Lemont shall adopt the appropriate resolutions and ordinances authorizing execution of this Agreement with respect to the Property and annexing the Property to the Village upon the terms and conditions set forth herein. 3. Zoning. a) Immediately upon annexation of the Leased Property, the Village shall pursuant to statute and -ordinance, adopt an ordinance, zoning the Property M-3 Manufacturing District (the "Ordinance"), under the Zoning Ordinance of the Village (the "Zoning Ordinance") and the Owner agrees to comply with all aspects of the Zoning Ordinance as specifically modified hereby; b) The Ordinance shall permit the continued use of the Subject Property during the full effective term of this Agreement for heavy industrial uses including manufacturing, blending, storage and transfer of petroleum and chemical products. c) The Ordinance shall further permit the future development of portions of the Subject Property as an industrial park to be constructed in conformance with the Zoning Ordinance as presently in force and effect, as well as permitting grading and changing the elevation of the Property as necessary for such development, and will further permit utility service to said industrial park to be provided by septic field(s) and well(s). 4. No Modification of Ordinances and Fees. All codes and ordinances of the Village relating to zoning, official plan and building codes, and - 4 - related restrictions, including but not limiting the generality of the fore- going, the fee schedules for building permits, in effect as of the date hereof, shall insofar as they apply to the land which is the subject of this Agreement, continue in effect during the full effective term of this Agree- ment, except with the mutual consent of the parties. S. Adoption of Necessary Ordinances; Filing. a) The parties mutually represent that they have taken and will take such action as may be required to bring about the amendments to the zoning ordinance, as may be necessary or proper in order to zone and classify the Subject Property, so as to enable the same to be developed and used in the manner as set forth in this Agreement and to enable the parties to execute this Agreement, and to fully carry out all of the covenants, agree- ments, duties and other obligations created and imposed by the provisions and terms hereof. b) The Village represents that it will file and record. the documents and plats in the appropriate government offices as required by state statute at the Owner's sole cost and expense. 6. Performance Procedure. The Zoning Administrator of the Village of Lemont may require the Owner and/or its assignees, devisees and/or lessees to retain an expert consultant or consultants to study and report as to the compliances or non -compliances with the zoning and pollution standards established by the Village of Lemont and to advise how a proposed use can be brought into compliance with the performance standards. Such consultant shall be fully qualified to give the required information and shall be persons or firms mutually acceptable to the Lemont Zoning Administrator and to the - 5 - Owner or operator of the use in question. In the event of the inability to select a mutually acceptable consultant, the Lemont Zoning Board of Appeals shall select the consultant. The cost of the consultant's services shall be borne by the Owner or operator of said use. 7. Time is of the Essence. It is further understood and agreed by the parties hereto that time is of the essence of this Agreement and that all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed by the parties that the success- ful performance of this Agreement -requires their continued cooperation. 8. Remedies Upon -Breach; -Notice.. Upon a breach of this Agreement;- any of the parties hereto, in any court of competent jurisdiction, by any action or proceeding at law or in equity, may secure the specific performance of the covenants and agreements herein contained, may be awarded damages for failure of performance or both, or may obtain rescission and disconnection for repudiation or material failure of performance. Before any failure of any party to this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify, in writing, the party alleged to have failed to perform of the alleged failure and demand performance. No breach of this Agreement may be found,to have occurred if performance has been commenced to the satisfaction of the complaining party within 21 days -of the receipt of such notice. 9. Amendment of Agreement. The parties agree tjat this Agreement may be amended by the mutual consent of the parties hereto by the adoption of an ordinance or resolution of the Village, approving the amendment of the terms of this Agreement as provided by law, and the execution of the Amendment by the parties or their successors in interest. - 6 - 10. Entire Agreement. This Agreement represents the entire agreement of the parties. 11. Successors and Assigns; Term. This Agreement shall bind and inure to the benefit of the parties hereto, their heirs, successors and assigns, for a period of ten (10) years from the date hereof (or if during the term hereof the Illinois Municipal Code shall be amended to permit agreements of this nature to extend for a longer term, then this Agreement shall remain in force and effect for the full duration of said extended term). Nothing herein -shall in any way prevent the alienation or sale of the Subject Property, ................. or any portion thereof,_except._that said sale shall be subject to the provisions hereof, and any successor Owner shall be both benefited and bound by the conditions and restrictions herein expressed. 12. Partial Invalidity. If any provision, covenant, agreement or portion of this Agreement or its application to any person, entity or property is held invalid, such invalidity shall not affect the application or validity of any other provisions, covenants or portions of this Agreement, and to that end, any provisions, covenants, agreements or portions of this Agreement are declared to be severable. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. VILLAGE OF LEMONT J Attest:✓. ` BY: gage Clerk Mayor At JORTH AMERICAN CAR CORPORATION 3y: E,v 3547B EXHIBIT A Portions of Sections 14 and 15, Township 37 North, Range 11 East of the Third Principal Meridian, bounded and described as follows: Beginning at the point of intersection of the South line of the Southwest quarter of said Section 15 with the Southerly line of the Southerly Canal Reserve of Illinois and Michigan Canal as monumented; thence Norteastwardly along said southerly Reserve line, being a meandering line a total distance of 5477.81 feet to the South line of the.Northwest quarter of said Section 14; thence Eastwardly along said South line of the Northwest quarter, a distance of 1730.74 feet to the Northwesterly line of former right- of-way of Chicago Joliet Electric Railroad; thence Northeastwardly along said __right-of-way line 942.78 feet to the South line of Calumet Feeder; thence Eastwardly along said south line of Calumet Feeder 81.72 feet to the Southeasterly line of former right-of-way of Chicago Joliet Electric Rail -.road;. thence Southwestwardly along said right of way line 931.06 feet to the South line of the Northwest quarter of said Section 14; thence Eastwardly along said south line of Northwest quarter 22.81 feet to the Southeast Corner of said Northwest quarter; thence Southwardly along the East line of the Southwest quarter of said Section 14, a distance of 2071.88 feet to the Northerly line of Northerly Illinois Gas Company right-of-way; thence Westwardly along said Northerly right-of-way line, being a meandering line, -a total distance of 1771.90 feet to a point on -a line drawn through a point 915.35 feet East from the West -line and 369.08 feet North from the south line of the Southwest quarter of said Section 14 to a point 1264.36 feet North from the south line and 744.61 feet East from the west line of the Southwest quarter of said Section 14; thence Northwestwardly along last described line 789.87 feet to said point 1264.36 feet North from the South line and 744.61 feet East from the west line of the Southwest quarter of said Section 14; thence southwestwardly 142.81 feet to a point 1220.29 feet North from the South line and 608.88 feet East from the West line of said Southwest quarter of Section' 14; thence Southwestwardly 663.22 feet to a point on the West line of the Southwest quarter of said Section 14 at a point 958.89 feet North of the Southwest Corner of said Section 14; thence Northwardly along the west line of the Southwest quarter of said Section 14 a distance of 227.44 feet to the Northwesterly line of the relocated right-of-way of the Gulf Mobile and Ohio Railroad; thence Southwestwardly along said Northwesterly right of way, being a meandering line, a total distance of 2886.92 feet to the South line of the Southeast quarter of said Section 15; thence Westwardly along the South line of the Southeast quarter and the Southwest quarter of said Section 15 a total distance of 1217.46 feet to the point of beginning, excepting therefrom that part thereof conveyed to Northern Illinois Gas Company by Document No. 18785599, all in Cook County.