HomeMy Public PortalAboutOrdinance 2518Ordinance No. 2518
LpIIRIE MCPHILLIPS 13P P 200~01163~
Will County Recorder Page 1 of 13
JAD Date 01/19/2006 Time 09:24:04
Recording Fees: 27.00
IL Rental Hsng Support Prog: 0.00
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN
ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD,
ILLI OIS, AND PLAINFIELD FIRE PROTECTION DISTRICT
W EREAS, an Annexation Agreement, a true and exact copy of which is attached
hereto as Exhibit "A", and by reference thereto incorporated herein, has been submitted to
the Corporate Authorities of the Village of Plainfield by the owner.
WHEREAS, a public hearing was held before the Corporate Authorities of the
Village of Plainfield, after publication of notice, upon a proposed Annexation Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FOLLOWS:
Sec. 1: That the President and Village Clerk are hereby authorized and directed to
execute the aforesaid Annexation Agreement for and on behalf of the Village
of Plainfield, Illinois.
That all ordinances or parts thereof in conflict herewith are hereby repealed.
This Ordinance shall be in full force and effect from and after its passage and
approval as required by law.
This Ordinance shall be numbered as Ordinance No. 2518.
PASSED THIS 7th DAY OF November , 2005.
AYES: Fay, Lamb, Manning, Collins, Racich, Dement.
NAYS: 0
~~3 X
ABSENT: 0
APPROVED THIS 7th DAY OF November , 2005.
~~
PRESIDENT
ATTEST:
VILLAGE CLER
~~~ ~~~ ~~
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6-os-Zoos
PLA1N`FIELD
ANNEXATION AGREEMENT
FOR
Plainfield Fire Frot. D t.
(DevelapmentName) station ~1~2
THIS ANNEXATION AGREEMENT is entered into this day of
Z~y and between the Village of Plainfield, an Illinois municipal corporation (hereinafter referred to
as "VIL.LAGE'~, and the Plainfield Eire
(hereinafter collectively refen-edta as "OWNER"), and NUT APPLICABLE
(hereinafter referred to as "DEVELOPER") far all the property
described in the Plat of Annexation marked Exhibit A, attached hereto.
WITNESSETH:
WHEREAS, the VILLAGE is an Illinois municipal corporation; and,
WHEREAS, the OWNER are the owner of record of the real praperiy legally described in
Exhibit "A" (said property referred to herein as the "SUBJECT PROPERTY"), the Plat of Annexation
and the legal description, attached hereto and hereby incorporated and made a part of this Agreement,
which is not within the corporate limits of any municipality and which constitutes the subject premises
to be annexed to the Village; and
WI~REAS, the SUBJECT PROPERTY is contiguous or may became contiguous with the
corporate limits of the VILLAGE; and
WHEREAS, it is the intention of the parties that the annexation of the SUBJECT PROPERTY
to the VILLAGE be upon the terms and conditions of this agreement; and
WHEREAS, in accordance with 6s ]LCS S/11-15.1-1 et seq. of the Illinois Compiled Statutes
and pursuant to lawful notice, the VILLAGE has placed this Agreement before the public far comment
and hearing by its Corporate Authorities; and
WHEREAS, the VILLAGE, by its Corporate Authorities, shall consider an ordinance adopting
this Agreement in the manner provided by law; and
WHEREAS, the adoption and approval of this Agreement is an exercise ofthe powers vested in
the VILLAGE by the Illinois Compiled Statutes.
NOW, 'T'HEREFORE, in cansideraxion of the premises and of the mutual covenants and
agreements herein contained, it is hereby agreed as follows:
1. ]NCORpORA'1"ION OF RECITALS AND EXHIBITS.
The faregving recitals are hereby incorporated into the body of this agreement as if fully set
Earth and repeated herein.
Any exhibit referred to in this agreement and attached hereto shall also be considered
incorporated herein by express reference.
Z. ANNEXATION AND ZONING.
OWNER agree within seven ('~ days after the execution of this Agreement to file properly
executed petitions for annexing and zoning sand premises, if said petitions have not already been filed.
Within thirty (30) days of contiguity the VII,,LAGE agrees, pursuant to requisite notice having
been given, and in accordance with law, to enact and adapt ordinances annexing and zoning the
premises designated in Exhibit A, attached hereto and made a part of this Agreement, to zoning
classification ~_3
OWNER and DEVELOPER agree that the Subject Prap~y shall be developed in accordance
with the ordinances of the VILLAGE, as approved ar subsequently amended, and agree to fallow all of
the policies and procedures of the VILLAGE in connection with such development except as modified
in this Agreement
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'7, WATER AND SEWER SERVICE.
VILLAGE represents and warrants that the 2.5 acres of the 5T TB3ECT PROPERTY
described in Exhibit A is cun:ently within the FPA (Facilities Planning Area) of the VILLAGE or if
not presently in the FPA, the Village will submit all required applications to include the SUBJECT
PROPERTY into the Village's FPA. All application and associated costs to amend the FPA shall be
the responsibility of the DEVELOPER.
g. WATER AND SANTf'ARY SEWER FEES.
* THIS PARAGRAPH IS MODIFIED IN EXHIBIT C
Connection fees required far connection to the Village's sanitary sewer system are as
established by Village Ordinance. The ~~ connection fees to the Village's water supply system
are as follows:
Water Meter size (inches)
5/8
3/4
1 1/z
2
3
4
6
Water Connection Fee
$z,6oo.00
$2,600.00
$3,110.00
$3,570.00
$4,030.00
$4,490.Oq
$4,940.00
$5,860.00
All sanitary sewer construction requiring an Illinois Environmental Protection Agency construction
permit, upon receipt of required IEPA Sew ~ ~~ Villabege the fatal sewer conneetio~n fee for the
property owner ar OVdNER shall be required p y
3
entire area served by said permit The population equivalent stated on the IEPA permit shall be the
basis for calculating the required connection fees. Substantial sanitary sewer construction shall begin
within ninety (90) days of receiving required IEPA sewer construction permits.
---
lp. RECAPTURE FEES.
Upon development, OWNER ar DEVELOPER shall be obligated to pay any recapture fees as
applicable to the annexed property for municipal water, sanitary sewers, storm water, roadways, traffic
signals or improvements or any other improvements as set Earth in 65 ILCS 5/9-5-1.
VILLAGE may adopt any necessary ordinances to provide for recapture to OWNER for streets,
waxer, sanitary sewer or storm sewer lines constructed by OWNER, w}uch benefit other properties by
the installation and/or over sizing of said improvements. Such recapture ordinances shall only be
adopted upon satisfactory demonstration by the OWNER ar DEVELOPER that the recapture i.s fair
and equitable and that provision of notice of the proposed recapture fees is provided to affected
property OWNER, The determination that a proposed recapture is fair and equitable shall be solely
that of the Village. Fees are due upon Village request.
Any recapture ordinances shall be far a maximum often (10) years from the date of adoption
of said ordinance with 4% interest payable to the OWNER ar DEVELOPER commencing two (2)
years from the date of completion of said improvement An administrative fee shall be charged at the
rate of two percent (2%) of the total recapturable amount payable to the VILLAGE to caner
administrative costs of the recapture agreement
4
15. EASEMENTS
The owner agrees to dedicate right of way ar gent utility easements within thinly days of
written request by the Village.
17. VARIANCES.
No variances will be necessary to develop the property. (Lf variances are required, they shall be
described and attached as an Amendment, Exhibit C)
18. NIISCELLANEOUS FEES.
All other fees provided for by ordinance and uniformly applied and collected in connection
with the development of the property within the corporate hmrts of Plainfield, except as otherwise
specified in this agreeeme~at shall be applicable to the subject realty. Payment of all fees due under the
Village Ordinances, together with the pasting of any and all letters of credit and other guarantees shall
be apre-condition to the approval by the Village of any final. plan, plat or site plan submitted by
OWNER and DEVELOPER under this agreement
19. AMENDMEN'T'S.
This agreement, including the attached exhibits, may be amended only with the mutual canser-t
of the parties by a duly executed written instrument In the case of the VILLAGE, the written
instrument may only be in the farm of an ordinance duly adopted in accordance with applicable laws.
Modifications subsequent to this Agreement's adoption shall require a public heating and procedures
consistent with law.
20. E~'BISTT C.
Any modifications to the VILLAGE' S standard annexation agreement provisions are set Earth
in Exhibit C. The OWNER, DEVELOPER and VII.LAGE agree that should any conflicts between
Exhibit C and the text of this Agreement exist, the provisions of Exhibit C shall supersede those of
this text
21. DORMAN'T' SPECIAL SERVICE AREA (SSA)
OWNER and Developer agree to the Village enacting a dormant Specaal5ervtce Area (SSA) to
act as a back-up in the event that the Homeowner's Association fails to maintain the private common
areas, private detention ponds, perimeter landscaping features, and entrance signage within the Subject
Property. The special service area will be completed as part of the first phase of development.
22. ENFORCEMENT.
This Agreement shall be enforceable by any action at law or in equity, including actions for
specific performance and injunctive relief. The laws of the State of Illinois shall control the
construction and enforcement of this Agreement The parties agree that all actions instituted an this
agreement shall be commenced and heard in the Circuit Court of Will County, Illinois, and hereby
waive venue in any other court of competent jurisdiction. Before any failure of any Party to Perform
any obligation arising from this Agreement shall be deemed to constitute a breach, the party claiming
the breach shall notify the defaulting party and demand performance. No breach of this Agreement
shall have been found to have occurred if performance is commenced to the satisfaction of the
complaining party within ~Y (30} days of the receipt of such notice.
23. EFFECT OF SUCCESSORS.
'Ibis agreement shall be binding upon and inure to the benefit of the VILLAGE and its
successor municipal corporations and corporate authorities. This Agreement shall be binding upon
and inure to the benefit of OWNER and their grantees, lessees, assigns, successors and heirs.
6
Z4. CONSTRUCTION OF AGREEMENT.
This Agreement shall be interpreted andcon-cued in accordance with the principles applicable
to the canslru~ian of contracts. Provided, however, that the parties stipulate that they participated
equally in the negotiation and drafting of the Agreement and that no ambiguity contained in this
Agreement shall be construed against a particular party
25. SEVERASILITY.
If any provision, covenant, agreement ar portion of this Agreement ar its application to any
person, entity ar property is held invalid,, such invalidity shall not affect the application or validity of
any other provision, covenants, agreement ar portions of this Agreement, and this Agreement is
declared to be severable.
2.6. EFFECT OF THIS AGREEMENT.
The provisions of this Agreement shall supersede the provisions of any ordinances, codes,
policies or regulations of the Villagc which maybe in conflict with the provi.s~ons of this agreement
27. DURATION.
'Dais agreement shall ,-emain in full force and effect for a term of twenty (20) years from the
date of its execution, or for such longer period provided by law.
28. NOTICE.
Any notice or demand hereunder from one party to another party ar to an assignee ar successor
in interest of either party ar from an assignee or successor in interest of either Party to another' party, ar
between assignees ar successors in interest, either party shall provide such notice ar demand in writing
and shall be deemed duly served if mailed by prepaid registered ar certified mail addressed as follows:
If to the VILLAGE:
3ames Waldorf Terry L. Burghard
Village President Village Administrator
24000 W. Lockport Street 24000 VJ. Lockport Street
Plainfield, LL 6054.4 Plainfield, IL 60544
With copies to: Jim Harvey, Village Attorney
McKeown, Fitzgerald, Zollner, Buck, Hutchinson, & Ruffle
245 S Glenwood Ave.
3aliet, IL 60435
ff to any owner of record of any real property located within the subject property, or the
OWNER
Chief John Eic ~g~i._
7
Plainfield Fire Prat. Dist.
P. 0. Box 911
Plainfield, IL 60544
with copies to:
Attorne Thomas Gilbert
81 N. Chita o St.
Joliet, IL 60432
Or to such address as any Party hereto ar an assignee ar successor in interest of a party hereto may
from time to time designate by notice to the other party hereto ar their successors in interest.
IN VdI'INESS WHEREOF, the parties have caused this agreement to be executed the day and
year first above written
THE VILLAGE OF PLAINF]ELD
a Municipal Corporation
BY
ATTEST:
OWNER
Plainfield Fire Prot. Dist.
By:
John Eichelber er, Chief
BY
Village Clerk
8
Exhibit "A"
' -
'CI(US~I.1':l?'S 111•:1':1) I The nrravr space tar recoMera wa only
'1'111$ INllENTUI(h:, made this 10th day r+f February 1 g 89 ~ I,~uvrc•n AmrriPed hederal
Sa1•ings Bunk, tl l•urpuraliun of the lhtiled Slultrz rrl' :\un•rir•a, as 'frrlsu•e uutlcr the prat isi<ms of a decd ttr
dreds in trust,dul+ rrrnrdcdrn't'rgislt•rl•d :uul drliccrl•d Irr s;tid Bank ilt pul:yu:uu•c rrf a uucl a;!rrrmcnt clale(1
thr 10th d;lc nl December Itl 82 •nnl knntcn ca'i'rns! `n, li- 1125 p:u•t\• of
tbcfirstpart,:n,ll •PLAINFIELD FIRE PROTECTION DISTRICT
pttrlics of the srcnntl •u•t.
tCl'CNIiSSf: C1I, Llrtt said p:u•l}• of the firs) part, in urnsirlcratitrn ul' flu: sum of TEN AND 00/100
r ~ -.---^^-^-•^^-----~--^----^------^---------"'^r llullars, and other good turd valuable
r~` crnlsideratians in h:utd paid, dnrs hereby gran 1, srll, crnlvr•}• :uul t)L11'(• CLAIM untrr said Irarlies of the
srrrrnrl part, xxxXxxxxxxx7txxxxxxxxxxxxxxxxxXxxxxxxxxX7cxxxxx, the ful•Inwini; described
rral l•stalc, situalt•d iu Will (:unnly, Illiurtis, Lrr-toil:
That part of the South West 1/4 of Section 34, 'Township 37 North,•Ranl
9 East of the Third Principal Meridian, Will County, Illinois
described as beginning at the South East corner of the South West 1/4
of said South West 1/4 of Section 34, thence North 90 degrees 00
minutes West (assumed) along the South line of said South West 1/4 of
Section 34, a distance of 127.44 feet; thence North 00 degrees 16
minutes 02 seconds West parallel with the East line of the South West
1/4 of the South West 1/4 of Section 34, a distance of 518.57 feet,
thence South 90 degrees 00 minutes East parallel with said South line
of the South West 1/4 of Section 34, a distance of 210.00 feet to the
East line of property conveyed in Deed recorded January 5, 1983 as
Document No. R83-3fifi, thence South 00 degrees 16 minutes 02 seconds
East, along said. East line of Document No. R83r3fifi, a distance of
518.57 feet to the said South line of the South West 1/4 of Section
34; thence North 90 degrees DO minutes West 82.56 feet to the point
of beginning, in Will County, Illinois.
P.I.N. 01-34-300-007 (Affects the land and other property)
Property Address - 23810 W. 135th 5t.
I• Victoria M. Martell
\ NW1ary Pulrlir in :uul 1'ur an id (:rrunly, in dr<: attuc afuresairl, Itt) IIISItIsllY CISIL'CIFY
'rllr\'I' Robert Briski
'1'rual Offic•rr of ,\AII•:RII F.n PI•:UI•:I(.\1, 5.\\'INGS Il:\Nh:wd
Robert A. McGrath
, ,' pp>[X'1'nul (rffirrr of said !look prnnuullt• known In mr lW br Ihr• a:rntr prraons
n•hnar nanua arr suhsrrihrd lr+ l hr frrregaing inatruulrnt ns such (rfCiera•z rrspcrtit'cl)•,sppear-
rd hcfvr'r rue Chia day in prrann and at'kntn+•Irdl;cd that they sigucd and delivered the said
inatrumrnt as !heir o+rn frrc :uul volunlar)• ncl, and az the frrc and valuntnry act of said Rank,
for the oars and purpvu:a therein set forth; ar nk to
sal[I illftrllrnen 1.
Civcn under my baud and Notarial Scal this Z' 19
~T:tiT*~~Lj _ ~4RY 1 ,-$~ L,INDIS
"fWgclhcr wkh thr lrnrnu•nra sun,! appurlrnar+rra Ihrrruuw hclungin,{.
l ll IIAVF. AND'1'U 11(+1,11 Ilr•: anWtr unto aai<I partirz rrf rhr arr•.nul p:n•1,
and to the pruprr uac, benefit and hehnof furcrer of aaW party of the
rr3ub aect~to: Eas`tments, ~restr -. _._-...---__.......__---
~ ictions, co\fenants of record, general
taxes far 1988 and subsequent years.
12X ~11•~• r'l:rirti'tt~~d F"rr•i 1'+•.i-r:C~lc+r1 l.~ts•4-
1("~ J" 1 /l r' :r Ir' I G. 1 t•I c S
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I'h[a dred u exenru•rl I.c Ilrt puny of fire I`Iral Ir:lr[, 8a •1•rustre• as nfrlrcaaMl, pllranNl[ lb anti 111 lllc r'!~CtClae of the power
and aulhorit)' grnn trd u.:unl vratrd in it 6y the ecnns of said Ilerd ur Uceds iit '1'nrsl arul tlrc prnriziuna of said •I'ruat Agrce-
nlrut abpve mcnlinurd, and of rerr-y udrrr putvcr and nnthrrrtty thcrrnntu nrnlrling• SUIIII?("f, II(riCF.\'I:R, ta: the liens
of :dl total deeds and/nr nrnrln:gtrz upon anirl rral catntc• if any, pf rrcnrd iu xnirl rounly; all unpaid acneral [saes p11r1 special
:+~zcasmcnu and other lima :nul rlahns of nny kind: pending litittntiun, if :my, nffrrting lilt said n•nI catatetdanilrlin~ tine!;
hnilrlin~ litluor and nlhcrrgztiir lions of rccnr<I, iC nny; pnt ty walla, early wall rights :unl early wall ngrcclm`giPt ~ ~py:lnriitig.,
;nnl Itullding Laws and Unlirr:.uu•ca; inerhnuic's Iirn clailna, if nny; caacureula of rrrWrd, if nny; and rights :mSf.ElSlnu.ut•p}rhea
IW ll'YfNC55 WIII:ItI•:OP, acid early of the first rurt lura rliu.rrl its r•vrlrrrrsdr oral In he ht•rrly aEfixi'~~;.>tilnl has cauac$ its
n:unc ltr be sign rd In Ihcae pnCacn(a by its " t firm and atlrxlrtl by riz r\saixl:ull •1'rusl OffirFrr,.~htl;xlay and'jtcar f(ntl_
,Im r• wrilfrn. _
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xrcurld part.
703 N. Desplaines, Plainfield, Illinois
Slate of Illinois
(:Wanly of Will 1 SS
l'hia inaltume '
prcliarcd by: ~ f')`l t`• •_ V . •
DUNN & MARTIN, LTD.
5 wa 'l:.
Jo13~~-60431
Exhibit C
Modifications to Annexation Agreement
Plainfield Fire Protection District, Station No. 2
Paragraph 8: Cannection fees required for connection to the Village's sanitary sewer
and water supply system shall be as established by Village Ordinance
unless a reduction in connection fees is approved by the Director of Public
Works. OWNER may submit a request for a fee reduction with supporting
calculations of anticipated water and sewer usage far consideration of a
fee reduction by the Director of Public Works.
Sidewalks: The VILLAGE agrees to construct a sidewalk an the north side of 135'
Street along the OWNER's street frontage at the VILLAGE'S cost.
Construction of the sidewalk shall occur at such time as determined by the
Village of Plainfield.
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