O-50-22 Ordinance Approving Exchange Agreement VOL Marbella - executed50
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TO: Village Board Meeting
FROM: Jason Berry, Community Development
THROUGH: George Schafer, Village Administrator
SUBJECT: An Ordinance Authorizing a Real Estate Exchange Agreement Between
the Village of Lemont and Marbella of Lemont, LLC
DATE: October 24, 2022
SUMMARY/BACKGROUND
As part of Marbella of Lemont, the Village and developer, Lotus Design Development (LDD),
have agreed to exchange land in order to create a more cohesive development. The Village
will provide a portion of land on the I&M Canal Reserve Strip north of the property LDD owns.
In exchange, the Village will receive a tract of land of greater size and greater value adjacent
to the reserve strip, west of the Marbella building.
ANALYSIS
Marbella of Lemont will utilize the Village's parcel for the completion of their mixed-use
development. The Village will use Marbella's exchange parcel for the completion of public
improvements, including Marbella Drive, open public space, and off-street parking.
In order to authorize the exchange of the Reserve Strip - which was part of the I&M Canal
purchase by the Village in 1970 - the Illinois General Assembly passed Public Act 102-0195,
which becomes effective January 1, 2023. The Village will be required to subdivide the
exchange parcel of the Reserve Strip later this year.
Consistency with Village Policy
Lemont 2030 Comprehensive Plan
STAFF RECOMMENDATION
Approve the Ordinance.
BOARD ACTION REQUESTED
Motion to Approve the Ordinance.
ATTACHMENTS
An Ordinance Authorizing a Real Estate Exchange Agreement Between the Village of Lemont
and Marbella of Lemont, LLC
Real Estate Exchange Agreement 1 with exhibits
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54.59'SUB OF LOT 2 INSUB OF LOTS 4 & 5 OFBLOCK 34 INVILLAGE OF KEEPATOWRECORDED 01/20/1891AS DOCUMENT 1406009COUNTY CLERK'S DIV.OF SECTION 20-37-11RECORDED 04/30/1880AS DOCUMENT 26944090.00'NORTHERLY LINE OF THE SOUTH RESERVEOF THE ILLINOIS & MICHIGAN CANALS 15°26'23
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154.83'S 75°07'34" WLOTS 1 TO 14 AREDESIGNATED AS AHISTORIC DISTRICTPER DOC. 20278886APPROX. LOCATION OF15' X 6' COM ED EASEMENTBASED ON LOCATION OFTRANSFORMERPER DOC. 96525543EASTERLY LINE OF PERMANENTEASEMENT PER DOC. 26048774RESERVEDEASEMENTS PERDOC. 89154401ROADWAY& BRIDGEEASEMENTPER DOC.25121914PLATFORM EASEMENTPER DOC. 89154402(HERETOFORE DEDICATED)LEMONT SUBDIVISIONDOCUMENT 184242SOUTHERLY LINEOF THE SOUTH RESERVEOF THE ILLINOIS & MICHIGAN CANALHERETOF
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HERETOFORE DEDICATEDPER DOCUMENT 184242385.81'90.55'S 15°26'23
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N 68°14'23" ENORTHERLY FACE OFCANAL WALL1.0' SNORTHERLY FACE OFCANAL WALL1.1' SS.I.P. 3/4"AT CORNERS.I.P. 3/4"AT CORNERS.I.P. 3/4"AT CORNERS.I.P. 3/4"AT CORNERS.I.P. 3/4"5' S'LYS.I.P. 3/4"5' S'LY135.22'78.69'133.56'62.18'S 68°14'23" WN 14°49'20
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S 75°07'34" WN 14°48'52" WN 73°06'35" EN 14°49'20" W141.58'110.93'5.67'27.48'283.04'N 68°14'23" ES 75°07'34" W295.00'POINT OFBEGINNINGPARCEL 2Morris Engineering, Inc.Civil Engineering • ConsultingLand Surveying515 Warrenville Road, Lisle, IL 60532Phone: (630) 271-0770Survey: (630) 271-0599FAX: (630) 271-0774 Website: www.ecivil.comTHOMAS J. CES A LPROFESSIONAL LAND2205NLIIS0E,ILLISILLINOISSTATE OFLSURVEYOR30'15' 0 30'PART OF THE SOUTH HALF OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRDPRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.UPON RECORDING,MAIL TO VILLAGE OF LEMONT6680 NEW AVENUELEMONT, IL 60439SEND TAX BILL TO...AFFECTS P.I.N.:22-20-304-01522-20-304-01622-20-304-01722-20-304-01822-20-300-024NOTARY CERTIFICATESTATE OF ILLINOIS)) SSCOUNTY OF COOK)I, THE UNDERSIGNED, A NOTARY PUBLIC DO HEREBY CERTIFY THAT DOVILE ZALANSKAS,PERSONALLY KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED IN THEFOREGOING PLAT OF SUBDIVISION, APPEARED BEFORE ME THIS DAY IN PERSON ANDACKNOWLEDGED THAT HE, BEING THEREUNTO DULY AUTHORIZED, SIGNED ANDDELIVERED SAID PLAT OF SUBDIVISION AS HIS OWN FREE AND VOLUNTARY ACT, FOR THEUSES AND PURPOSES THEREIN SET FORTH.GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS ______ DAY OF ____________, 20______________________________NOTARY PUBLICOWNER'S CERTIFICATESTATE OF ILLINOIS)) SSCOUNTY OF COOK)THIS IS TO CERTIFY THAT_________________ IS THE OWNER OF THE PROPERTY DESCRIBED ABOVE AND AS SUCHOWNER, HAS CAUSED THE SAME TO BE PLATTED AS SHOWN HEREON, FOR THE USESAND PURPOSES THEREIN SET FORTH AND AS ALLOWED AND PROVIDED BY STATUTES,AND SAID OWNER, DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THESTYLE AND TITLE AFORESAID.TO THE BEST KNOWEDGE OF THE OWNER, THE PROPERTY IS LOCATED WITHINELEMENTARY SCHOOL DISTRICT: COMBINED SCHOOL DISTRICT C.C. NO. 113AHIGH SCHOOL DISTRICT: LEMONT TOWNSHIP HIGH SCHOOL 210COMMUNITY COLLEGE DISTRICT: JOLIET COMMUNITY COLLEGE DISTRICT 525DATED AT _______ DAY OF _______________, 20____.BY: ____________________________________________NICOR CORPORATION / NICOR GAS COMPANYAN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO NICORCORPORATION AND NICOR GAS COMPANY, THEIR SUCCESSORS AND ASSIGNS,JOINTLY AND SEVERALLY, FOR THE INSTALLATION, MAINTENANCE,RELOCATION, RENEWAL AND REMOVAL OF GAS MAINS AND APPURTENANCESIN, UNDER, ACROSS, ALONG AND UPON THE SURFACE OF THE PROPERTYSHOWN ON THE PLAT AND DESIGNATED AS "PUBLIC UTILITY AND DRAINAGEEASEMENT" OR "PU & DE" AND THE PROPERTY DESIGNATED ON THE PLATREQUIRED TO PROVIDE THE HERON DRAWN PROPERTY WITH GAS SUPPLYSERVICES, TOGETHER WITH THE RIGHT TO INSTALL REQUIRED SERVICECONNECTIONS FOR EACH LOT. NO BUILDINGS OR OTHER OBSTRUCTION SHALLBE CONSTRUCTED OR ERECTED IN ANY SUCH "PUBLIC UTILITY AND DRAINAGEEASEMENT" OR "PU & DE" AREAS, WITHOUT THE PRIOR WRITTEN CONSENT OFGRANTEES. NOR SHALL ANY OTHER USE BE MADE THEREOF WHICH WILLINTERFERE WITH THE EASEMENTS RESERVED AND GRANTED HEREBY.PUBLIC UTILITY AND DRAINAGE EASEMENT PROVISIONSA NON-EXCLUSIVE PERPETUAL EASEMENT IS HEREBY RESERVED ANDGRANTED OVER ALL AREAS DESIGNATED "PUBLIC UTILITY AND DRAINAGEEASEMENT" AND THOSE AREAS DESIGNATED "PU & DE" ON THE PLAT, TOCONSTRUCT, RECONSTRUCT, REPAIR, INSPECT, MAINTAIN AND OPERATEVARIOUS TRANSMISSIONS, DISTRIBUTION, AND COLLECTION SYSTEMS,INCLUDING BUT NOT LIMITED TO WATER LINES, SANITARY SEWERS AND STORMSEWERS, TOGETHER WITH ANY AND ALL NECESSARY VALVE VAULTS, FIREHYDRANTS, MANHOLES, CATCH BASINS, CONNECTIONS, APPLIANCES ANDOTHER STRUCTURES AND APPURTENANCES AS MAY BE DEEMED NECESSARY,OVER, UPON, ALONG, UNDER AND THROUGH THE SURFACE OF THE PROPERTYSHOWN ON THE PLAT, TOGETHER WITH THE RIGHT OF ACCESS FORNECESSARY LABOR, MATERIALS AND EQUIPMENT TO DO ANY OF THE ABOVEWORK. THE RIGHT IS ALSO GRANTED TO CUT DOWN, TRIM OR REMOVE,WITHOUT OBLIGATION TO RESTORE OR REPLACE ANY OBSTRUCTION,INCLUDING BUT NOT LIMITED TO TREES, SHRUBS, OTHER PLANTS,STRUCTURES OR IMPROVEMENTS ON THE EASEMENT THAT INTERFERE WITHTHE OPERATION OF SUCH LINES AND SEWERS. NO PERMANENT BUILDINGS ORSTRUCTURES SHALL BE PLACED ON SAID EASEMENT, BUT SAME MAY BE USEDFOR GARDENS, LANDSCAPE AREAS, AND OTHER PURPOSES THAT DO NOTTHEN OR LATER INTERFERE WITH THE AFORESAID USES OR RIGHTS.PERPETUAL EASEMENTS ARE HEREBY RESERVED FOR AND GRANTED TOGOVERNMENTAL AUTHORITIES HAVING JURISDICTION OF THE LAND, OVER THEENTIRE EASEMENT AREA FOR INGRESS, EGRESS, AND THE PERFORMANCE OFMUNICIPAL AND OTHER GOVERNMENTAL SERVICES INCLUDING WATER, STORMAND SANITARY SEWER SERVICE AND MAINTENANCE AND EMERGENCY ANDROUTINE POLICE, FIRE, AND OTHER PUBLIC SAFETY RELATED SERVICES.VILLAGE ENGINEER'S CERTIFICATESTATE OF ILLINOIS)) SSCOUNTY OF COOK)I, ____________________________________, VILLAGE ENGINEER OF THE VILLAGE OFLEMONT, COOK, WILL, AND DU PAGE COUNTIES, ILLINOIS, HEREBY CERTIFY THAT THELAND IMPROVEMENTS IN THIS SUBDIVISION, AS SHOWN BY THE PLANS ANDSPECIFICATIONS THEREFORE, MEET THE MINIMUM REQUIREMENTS OF SAID VILLAGE ANDHAVE BEEN APPROVED BY ALL PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF.DATED THIS _________ DAY OF _____________________, 20_____.BY:________________________________________ VILLAGE ENGINEERSURVEYOR'S CERTIFICATESTATE OF ILLINOIS )COUNTY OF DUPAGE) SS.I, THOMAS J. CESAL, HEREBY CERTIFY THAT I AM AN ILLINOIS REGISTERED LAND SURVEYORIN COMPLIANCE WITH THE LAWS OF THE STATE OF ILLINOIS AND THAT I HAVE SURVEYEDAND SUBDIVIDED THE FOLLOWING DESCRIBED TRACT OF LAND:PARCEL 1:LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, AND 20 (EXCEPT THATPART THEREOF TAKEN FOR ROAD PURPOSES), IN BLOCK 1 IN LEMONT SUBDIVISION,BEING A SUBDIVISION OF PART OF THE SOUTH HALF OF SECTION 20, TOWNSHIP 37NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,ILLINOIS.PARCEL 2:THAT PART OF THE SOUTH 90 FOOT RESERVE OF THE ILLINOIS & MICHIGAN CANAL INTHE SOUTH HALF OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THETHIRD PRINCIPAL MERIDIAN BEING BOUNDED AND DESCRIBED AS FOLLOWS:BEGINNING AT THE NORTHEAST CORNER OF LOT 1 IN BLOCK 1 IN LEMONTSUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTH HALF OF SECTION 20,TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCES 68°14'23" W ALONG THE NORTHERLY LINE OF LOTS 1 THROUGH 7 IN SAID BLOCK 1135.22 FEET; THENCE N 14°49'20" W 78.69 FEET; THENCE N 75°15'17" E 133.56 TO THEWEST LINE OF LEMONT STREET; THENCE S 15°26'23" E 62.18 FEET TO THE POINT OFBEGINNING, ALL IN COOK COUNTY, ILLINOIS.AND THE HEREON DRAWN PLAT IS A TRUE AND CORRECT REPRESENTATION OF THESAME, AND THAT ALL MONUMENTS SHOWN THEREON ACTUALLY EXIST AND MATERIALSARE ACCURATELY SHOWN. ALL DIMENSIONS ARE IN FEET AND DECIMAL PARTS OF AFOOT AND ARE CORRECT AT A TEMPERATURE OF 68 DEGREES FAHRENHEIT.I FURTHER CERTIFY THAT NO PART OF THE PROPERTY COVERED BY THIS PLAT OFSUBDIVISION IS SITUATED WITHIN A SPECIAL FLOOD HAZARD AREA IDENTIFIED FOR THEVILLAGE OF LEMONT, ILLINOIS BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY ONTHE FLOOD INSURANCE RATE MAPS, PANEL NUMBERS 17031C0567J & 17031C0586J,DATED AUGUST 19, 2008.FURTHERMORE, I DESIGNATE THE VILLAGE OF LEMONT TO ACT AS MY AGENT, FOR THEPURPOSES OF RECORDING THIS DOCUMENT.IRON RODS WILL BE SET AT PROPERTY CORNERS UPON COMPLETION OF MASSGRADING.DATED, THIS ______ DAY OF ____________, A.D., 2022, AT LISLE, ILLINOIS._______________________________________ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 035-2205MY LICENSE EXPIRES NOVEMBER 30, 2022.ILLINOIS PROFESSIONAL DESIGN FIRM PROFESSIONALENGINEERING CORPORATION NO. 184-001245CLIENT:VILLAGE TREASURER'S CERTIFICATESTATE OF ILLINOIS)) SSCOUNTY OF COOK)I,_________________________________________, VILLAGE TREASURER OF THE VILLAGE OFLEMONT, COOK, WILL AND DU PAGE COUNTIES, ILLINOIS, DO HEREBY CERTIFY THATTHERE ARE NO DELINQUENT OR UNPAID CURRENT OR FORFEITED SPECIALASSESSMENTS, OR ANY DEFERRED INSTALLMENTS OF ANY OUTSTANDING UNPAIDSPECIAL ASSESSMENTS WHICH HAVE NOT BEEN DIVIDED IN ACCORDANCE WITH THEPROPOSED SUBDIVISION AND DULY APPROVED BY THE COURT THAT CONFIRMED THESPECIAL ASSESSMENT,DATED AT LEMONT,_______________________ COUNTY, ILLINOIS, THIS ___________DAYOF_____________________, A.D., 20____._________________________________ VILLAGE TREASURERPRESIDENT BOARD OF TRUSTEES CERTIFICATESTATE OF ILLINOIS ) ) SSCOUNTY OF ________ )APPROVED AND ACCEPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THEVILLAGE OF LEMONT, COOK COUNTY, ILLINOIS, AT A PUBLIC MEETING HELD:THIS________DAY OF_____________________, A.D., 20____.BY: _____________________________________ PRESIDENTATTEST: _________________________________ VILLAGE CLERKCOM ED COMPANY AND AT&T CORPORATIONAN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO COMED COMPANYAND AT&T CORPORATION, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS,JOINTLY AND SEVERALLY, FOR THE INSTALLATION, MAINTENANCE,RELOCATION, RENEWAL AND REMOVAL OF OVERHEAD AND UNDERGROUNDELECTRIC AND COMMUNICATIONS CABLES AND APPURTENANCES IN, OVER,UNDER, ACROSS, ALONG AND UPON THE SURFACE OF THE PROPERTY SHOWNON THE PLAT AND DESIGNATED AS "PUBLIC UTILITY AND DRAINAGE EASEMENT"OR "PU & DE" AND THE PROPERTY DESIGNATED ON THE PLAT REQUIRED TOPROVIDE THE HEREON DESCRIBED PROPERTY WITH ELECTRIC ANDCOMMUNICATIONS SERVICES, TOGETHER WITH THE RIGHT TO INSTALLREQUIRED SERVICE CONNECTIONS OVER OR UNDER THE SURFACE OF EACHLOT TO SERVE IMPROVEMENTS THEREON, OR ON ADJACENT LOTS, THE RIGHTTO CUT, TRIM OR REMOVE TREES, BUSHES AND ROOTS, AS MAY BEREASONABLY REQUIRED INCIDENT TO THE RIGHTS HEREIN GIVEN, AND THERIGHT TO ENTER UPON THE SUBDIVIDED PROPERTY FOR ALL SUCHPURPOSES. NO BUILDING OR OTHER OBSTRUCTION SHALL BE PLACED OVERGRANTEES’ FACILITIES OR IN, UPON OR OVER THE PROPERTY WITHINTHE "PUBLIC UTILITY AND DRAINAGE EASEMENT" OR "PU & DE" WITHOUT THEPRIOR WRITTEN CONSENT OF GRANTEES. NOR SHALL ANY OTHER USE BEMADE THEREOF WHICH WILL INTERFERE WITH THE EASEMENTS RESERVEDAND GRANTED HEREBY. AFTER INSTALLATION OF ANY SUCH FACILITIES, THEGRADE OF SUBDIVIDED PROPERTY SHALL NOT BE ALTERED IN A MANNER SOAS TO INTERFERE WITH THE PROPER OPERATION AND MAINTENANCETHEREOF.COMCAST COMMUNICATIONSAN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO COMCASTCOMMUNICATIONS CORPORATION, OPERATING WITHIN THE VILLAGE OFLEMONT, ITS SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY, FOR THEINSTALLATION, MAINTENANCE, RELOCATION, RENEWAL AND REMOVAL OFCABLE COMMUNICATION AND BROADCAST SIGNAL SYSTEMS IN, UNDER,ACROSS, ALONG AND UPON THE SURFACE OF THE PROPERTY SHOWN ON THEPLAT AND DESIGNATED AS "PUBLIC UTILITY AND DRAINAGE EASEMENT" OR "PU& DE" AND THE PROPERTY DESIGNATED ON THE PLAT AS REQUIRED TOPROVIDE THE PROPERTY WITH COMMUNICATION AND BROADCAST TVSERVICES, TOGETHER WITH THE RIGHT TO INSTALL REQUIRED SERVICECONNECTIONS FOR EACH LOT. NO BUILDINGS OR OTHER OBSTRUCTION SHALLBE CONSTRUCTED OR ERECTED IN ANY SUCH "PUBLIC UTILITY AND DRAINAGEEASEMENT" OR "PU & DE" AREAS, WITHOUT THE PRIOR WRITTEN CONSENT OFGRANTEES. NOR SHALL ANY OTHER USE BE MADE THEREOF WHICH WILLINTERFERE WITH THE EASEMENTS RESERVED AND GRANTED HEREBY.SURFACE WATER DRAINAGE CERTIFICATESTATE OF ILLINOIS ) ) SSCOUNTY OF _______)TO THE BEST OF OUR KNOWLEDGE AND BELIEF, THE DRAINAGE OF SURFACE WATERSWILL NOT BE CHANGED BY THE CONSTRUCTION OF SUCH SUBDIVISION OR ANY PARTTHEREOF, OR THAT IF SUCH SURFACE WATER DRAINAGE WILL BE CHANGED,REASONABLE PROVISION HAS BEEN MADE FOR COLLECTION AND DIVERSION OF SUCHSURFACE WATERS INTO PUBLIC AREAS OR DRAINS WHICH THE SUBDIVIDER HAS A RIGHTTO USE, AND THAT SUCH SURFACE WATERS WILL BE PLANNED FOR IN ACCORDANCEWITH GENERALLY ACCEPTED ENGINEERING PRACTICES SO AS TO REDUCE THELIKEHOOD OF DAMAGE TO THE ADJOINING PROPERTY BECAUSE OF THE CONSTRUCTIONOF THE SUBDIVISION.DATED THIS _________ DAY OF _____________________, 20_____.BY:______________________________________________________ OWNERS(S) TRUSTEE / OR DULY AUTHORIZED ATTORNEYCanal Exchange ParcelMarbella Exchange ParcelEXHIBIT B