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HomeMy Public PortalAboutOrdinance 1659 r.? M~r~ Hrtr~ Sts~k~1 ~~~'6~~6 ~lil3 G~ur~t~ ~:~~~rd~r ~~~ +°~ ~~3~Ot.~~ ~~~~ 1 ~f ~ ORDINANCE NO. 1659 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD, ILLINOIS, AND DIANE BECKER, MARTHA PRANGA, ANITA DRINKALL, AND LINDA MUEHLING. PASSED THIS 1st DAY OF APRIL, 1996. ~ l~-/ ~ CHAPTER7 ARTICLE 8 .~ PIN # 07-1-30-300--008 and #07-1-30--300-009 Sec. 8-301 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD, ILLINOIS, AND DIANE BECKER, MARTHA PRANGA, ANITA DRINKALL, AND LINDA MUEHLING WHEREAS, 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 owners. WHEREAS, a public hearing was held before the Corporate Authorities of the Village of Plainfield, after publication of notice, upon the proposed Annexation Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FOLLOWS: Sec. $-301-1: 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 That all ordinances or parts thereof in conflict herewith are hereby repealed.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. _1.6_x_9_ _ _. PASSED THIS .1st .DAY OF __Anr_i l_ __ __ , 1996. AYES: Lemen~, xeimerdinger, Lambert, Rock, Smolich, S~alzer NAYS: o ABSENT: 0 PRE-ANNEXATION AGREEMENT THIS PRE-ANNEXATION AGREEMENI~ is entered in on this the ist day of April 1996, between the VILLAGE OF PLAINFIELL7, a municipal ~.orporatior7 of the State of Illinois (hereinafter VILLAGE), and DIANE BECKFR, MARTHA ,. PRANGA, ANITA DRINKALL and LINDA MUEHLING, (hereinafter OWNEf~). PREAMBLE WHEREAS, the OWNER is the fee simple title owner of record of the real property consisting of approximately 2.74 acres, more or less, legally described in Exhibit #1, hereby incorporated and made a part of this Agreement, which is not within the corporate limits of any municipality, and which constitr,tes the subject prernisAs to be a^nexed to the VILLAGE, in accordance with the provisions of this Agreement and Chapter 65 of the Illinois Compiled Statutes; and, WHEREAS, the OWNER and the VILLAGE are both duly authorized to enter into tl•~is Agreement; and, WHEREAS, the VILLAGE is desirous of annexing the subject property upon the VILx~~~GE ~,oundaries becoming contiguous with the subject property; NCyW THEREFORE, in consideration of the mutual promises and agreements hpp ein contained, the OWNER and the VILLAGE agree as follows: 1, When the property described in Exhibit #1 becomes contiguous to the boundary limits of the Village of Plainfield, the OWNER agrees to execute an Annexation Petition, duly prepared by the VILLAGE and to file the same with the VILLAGE, upon the request of the VILLAGE, which Petition shall be in accordance with the terms and acts necessary to cause the property to be annexed and included into the corporate boundaries to the Village. ~: The recitals cr~rrtaineu in the Preamble hereto shall became a ;part o. tiffs Agreement, .and both. parties shall fully cooperate in carrying out the terms of this Agreement. 3. That. the property described in Exhibit #1 is currently wooded acreage and zoned A-1, agricultural use, under the Will County Zoning Ordinance. Upon annexation, the subject realty will be zoned ,,,,,,R-1 under the Village Zoning Ordinances. 4. That OWNER has filed an application with the Will County Land Use C?~:,~artmsnt seeking rezoning of the property from A-1 to R2 under the County Zoning Grdinances. The application of the OWNER is currently known as case number-4268 RM. 3 . tl.J~'l.~~J•.7t.1~ ! ~ P 03 5. OWNER agrees to grant to the VILLAGE an easement for highway and/or utility purposes forty (4d) feet from the center line of 127th Street upon the property legally described in ~fiibit #1 at such time that the VILLAGE is ready to install utility extensions at this location. 6. Upon the annexation of the property legally described in Exhibit #1, and et such time that the VILLAGE is ready to install utility extensions et this location, the OWNER shall further grant easements and rights-of-way for the public improvements and utilities, all of which are to be located within the forty-foot right-of-way from the center of 1 nth Btreat. 7, That the VILLAGE agrees not to file any objection to the rezoning, platting, or development of the property described in Exhibit #1 with Will County, and further agrees not to oppose the coning change requested by the OWNER under case number 42fi8 RM for the property legally described in Exhibit #1 to this Agreement, to obtain R-2 county zoning pmited to two single family residences. .. 8. Upon r®zoning and developing property after annexation to VILLAGE, OWNER will pay all impact foes, annexation fees, land and/or cash contributions, and sdiool and park larx! contributions in ®ccordancv with ordinances in etfect when building permits ere issued. However, no such fees shell be charged or collected for a lot if a house shell have been constructed on such lot before the property is annexed to the VILLAGE. 9. The VILLAGE agrees that upon annexation, the VILLAGE shall not require the owners and residents of said property to conned and/or purchase city water and sewer services, and shell permit such owners and residents to continue to operate and utilize the well and septic systems. A memorandum of this Agreement shall be recorded against the title of each of the two lots and OWNER shall inform, in writing, all purchasers of said lots of th® existence and content of the Pre-Annexation Agreement. If OWNER elects to connect to city sewer and water, then prior to or upon connection to the Village water systems, OWNER agrees that private wells for potable water use must be capped and abandoned in accordance with State end Local requirements. Private wells may be maintained for irrigation only, ff the property .has not been improved end water end sewer are availabl® to the site, the owners shall cormect to these utilities .upon improvement. Likewise, if the property has been improved and the well or septic systems fail, the owners shalt canned to public utilities if they are available to the sit®, Owner agrees, for present owner and all successors in title, that upon annexation and connection to Villag® water artd/ar sewer systems, tap-on fees and line charges, if any, shall be paid by the then owner of tho propaKy. 14. In the event that OWNER end VILLAGE wish to modify this Agreement, the VILLAGE agrees to hold the necessary hearings for such purchase. Such hearings shall be held and an approval granted or denial given without unreasonabl® delay after the request of the OWNER or VILLAGE for such hearings. This paragraph shall not be construed to require the VILLAGE to modify this Agr®ement. • 11. The single family house to be built on the West lot will be located far enough away from the West boundary to allow Elaine Street to be extended Northerly across 127th ' street through the West end of this lot. The owner of the lot will sell the Westerly portion of this Poo to the developer to enable the street to be extended. The price shall be agreed upon at that time, or the price shall be determined by three real estate appraisals, with the property owner and developer each selecting one, and those two appraisers selecting the third. The average of the three appraisals shall fix the land price. Further, the garage to be constructed on this Westerly lot will open to the West. At such time, if ever, that a public street is constructed along the West side of this lot, the property owner agrees that the driveway to this lot shall be changed to enter and exit onto such new street, rather than to enter and exit directly on 127th Street. 12. It is the agreement of the parties that if any pertinent existing resolutions or or:~inarsces, or interpretations thereof, of the. VIt.LAGF_, be in any way ~ncr~r~sistent or in conflict with any provisions hereof, then the provisions of this Agreement shall constitute lawful and binding amendments to, and shall supersede the terms of, said inconsistent ordinances or resolutions or interpretations thereof, as they may relate to the subject property legally described in Exhibit #1. 13. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto, by any appropriate action at law or in equity to secure the performance of the covenants herein contained. 14. If any provision of this Agreement is held invalid, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any zoning classiflraiion which has been approved by the VILLAGE pursuant to the provisions of the -~ VILLAGE's ordinances and regulations and shall not be changed during the term of this Agreement without OWNER and VILLAGE'S approval and shall survive this Agreement avid continue to be the zoning classification of the subject property unless changed in accordance with law. 15. This Pre-Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and the successor owners of record of the land which is the subject cif this Agreer+nent, and their assignees, and lessees; and, shah be binding upon any successor municipal authorities of the VILLAGE for a period of twenty (20) years from the date of the execution hereof, and in addition the zoning granted hereby shall survive the expiration of this Agreement, unless changed in accordance with law. 16. The parties agree to do all things necessary to record the applicable ordinances approving, and any memorandums necessary to give notice of this Agreement. All notices hereunder shall be in writing and must be served either personally or by registered or certified mail to: s VILLAGE: Village of Plainfield 1500 North Division Street Plainfield, IL fi0544 OWNER: DIANE BECKER, MARTHA PRANGA ANITA DRINKALL, and LINDA MUEHLING 124fi4 S. Heggs Road Plainfield, IL fi0544 rN ~lITNESS '~9NHEREOF, the OWNER and VILLAGE have i~ereuc~der set their hands and seals, and have caused this instrument to be executed by their duly authorized representatives and the corporate seal affixed hereto, all on the day and year first above written. VILLAGE OF PLAINFIELD a Municipal Corporation and Hea~~r~ 3^'"'~ ° ,~ BY. illage k' ~r~~~cfQ,~7' VILLAGE OF PLAINFIELD, a Niuni~it~a~~Corporation, DIANE BECKER, MARTHA PRANGA ANITA DRINKALL, and LINDA MUEHLING, BY: A Authorized Representative MAIL TO/PREPARED BY: VILLAGE OF PLAINFIELD 1400 N. DIVISION STREET PLAINFIELD, IL 60544 ,, ,, EXHIBIT #1 PARCEL ENE: The West 28fi feet of the East 1000 feet of the South 209 feet of the Southwest 1 /4 of Section 30, Township 37 North, Range 9 East of the Third Principal Meridian, Will County, Illinois. Containing 1.37 acres of land, more or less. PARCEL TWO: Tl~e 1/0/est 28fi feet of the East 714 feet of the South 209 feet of the Southwest 1 /~ of Section 30, Township 37 North, Range 9 East of the Third Principal Meridian, Will County, Illinois. Containing 1.37 acres of land, more or less. „~.~" :~,,. ~ ~ ~ ~ ~.~ ~~ """~;-. 7 ORDINANCE NO. 7.659 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD, ILLINOIS, AND DIANE BECKER, MARTHA PRANGA, ANITA DRINKALL, AND LINDA MUEHLING. PASSED .THIS 7_st DAY OF APRIL, 7.996.