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HomeMy Public PortalAboutOrdinance 1080_~- r- ~85--D~~7i' CHAPTER 7 ARTICLE 8 Sec. 8-83: AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF PLALNFIELD, ILLINOIS, AND FRANK PARKS, JR., MARGARET M. PARRS, RICHARD A. PARRS, DOROTHY C. PARKS, JEFFREY A. DEMENT and CAROLYN DEMENT 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 Authori- ties of the Village of Plainfield by FRANK PARKS, JR., MARGARET M. PARKS, RICHARD A. PARKS, DOROTHY C. PARKS, JEFFREY A. DEMENT and CAROLYN DEMENT; and WHEREAS, all required public hearings have been held, after published notice thereof as required by law, before the Plan . Commission relating to zoning aspects of said Annexation Agree- ment; and 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. 8-83-1: 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 That all ordinances or parts thereof in conflict herewith are hereby repealed.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 in the manner provided by law and shall be numbered as Ordinance No. 7-080 . PASSED this 18th day of March. 1985, with 6 members voting aye, ~ members voting nay, and with 1 members absent, the President voting absent . VILLAGE LERK APPROVED this 18th day of March 1985. RESIDENT Pra-te ATTE ` Village C Qrk ~. ~~' _ : ~~~ .. ._ _ r STATE OF ILLINOIS ) COUNTY OF WILL ) ~~5-)~~7 ~~GT„1 H~11 '~~ H~ G1. 4O 'i I`"!. j' ~ I`~` ~~ I, Vera Krnac, the duly elected Village Clerk of the Village of Plainfield, Will County, Illinois, do hereby certify that the above and foregoing a~s a true and correct copy of Chapter '~ Article 8 Section 8-83 , Ordinance Na. 1080 which was duly passed by the President and Board of Trustees of said Village and approved by the President and Board of Trustees of said Village an the 1$th day of March , and the original of said Ordinance is now on file in my office. ~ IN WITNESS THEREOF, I have hereunto set my hand as Village Clerk and attached the seal of said Village this 18th day of March, 1985. ~ A ;~ ,~. d `G ~^ , f ~ ° e w w Yk~ ~ .Y ~~~i ~ ~ 1 ~ ~ A` ~,~w Vera Krn c Villag Clerk ~;, ~~~, u~~ ~~~~ ?~.n~~ ~at~r~ l' _# ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this ;. .. ,.. ,. ,: ~ 1$th day of March , 1985, A.D., between the VILLAGE OF PLAINFIELD, a municipal corporation of the County of Will in the State of Illi- nois, hereinafter referred to and designated as the "Village," and FRANK PARKS, JR. , MARGARET M. PARKS, RICHARD A. PARKS, DOROTHY C. PARKS, JEFFREY A. DEMENT and CAROLYN DEMENT, hereinafter referred to and designated as the "Owners," W I T N E S S E T H WHEREAS, the Owners are desirous of annexing to the Village cer- twin real estate owned by the Owners, the legal description of which is hereinafter set out in the following paragraph; and, WHEREAS, the Village is desirous of annexing into its corporate limits the real estate owned by the Owners, said real estate being hereinafter designated as the "premises" and described as follows: The West 230 feet of Lot 1$, except the West l20 feet thereof, in Unit No. 1, of Plainfield Acres, a Subdivision of the South 2,301 feet of the West half of the Southwest quarter of said Section l5, in Township 36 North, and in Range 9 East of the Third Principal Meridian, according to the Plat thereof recorded July 2, 1951, in Plat Book 27, page 55, as Document No. 694113, in will County, Illinois; and, WHEREAS, the Owners propose to develop said described premises consistent with and in compliance with the ordinances and plans of the Village, taking into account the health, safety and general wel- fare of the entire community, NOW, THEREFORE, the parties hereto do enter into the following Pre-annexation Agreement pursuant to the provisions of Chapter 24, Sections 11-15.1-1 through 11-15.1-5 of the Illinois Revised Statutes, ~' 19 71. /~-~. ,; 1. The Village and the Owners, in consideration of the mutual covenants and agreements herein contained, the sufficiency of which are hereby acknowledged, ,agree that from and after the ex- ecution of this Agreement they will perform or cause to be perform- ed the covenants and agreements herein on their respective parts made, all subject to the terms and conditions hereinafter set forth. 2. The Owners have assured themselves that the Village has held each and every public hearing and properly passed and adopt- ed each and every ordinance and resolution prior to the execution of this Agreement that is required under the provisions of its or- dinances and under the provisions of the laws and statutes of the State of Illinois to accomplish each and every purpose set forth herein and to authorize the execution hereof by the Village and the ''parties hereto in executing this Agreement have otherwise complied with all the applicable ordinances of said Village and the statutes of the State of Illinois. 3. The Village agrees to perform or cause to be perform- ed on its behalf the following enumerated matters and things pro- vided that the Owners file within the term of this Agreement a prop- er Petition or Petitions for Annexation as provided far and pursuant to Article '7 of the Illinois Municipal Code of 1961 as amended: A. To adopt a proper ordinance or ordinances annexing that part of the premises for which annexation peti- tions are filed to the Village: B. To adopt a proper ordinance or ordinances to cause that part or parts of the premises annexed pursuant to sub-paragraph A above to be zoned B-l; 2 C. Ta hereafter properly pass and adopt any resolu- bons or ordinances or to pass and adopt any amend- ments to existing resolutions and ordinances as may be necessary, required or convenient to enable the Village to perform all of the covenants on its part herein made; D. To cooperate fu11y with. the Owners in the perform- ance of all of the Owners' commitments and condi-- bons herein made. 4. The Owners agree to perform or cause to be performed on their behalf by themselves, their successors and assigns, the following: A. File with the appropriate corporate authorities of the Village a proper Annexation Petition or Petitions in the manner and form required by law containing the signatures of all petitioners so required by law to accomplish the annexation of the premises in accordance with Article 7 of the Illinois Municipal Code, with the understanding the agreement of the parties herein specifically set forth that in the event that the Owners shall fail to so file said Petition for Annexation for all or any part of the premises within the term of this Agreement, that this Agreement shall at the end of its term become null and void and of no effect whatsoever as to any portion of the premises not then annexed; 3 f ~ .• - w •.' ... B. Attend, by their duly authorized officers, agents and/or attorneys, all public meetings and hearings in regard to the accomplishment of any of the mat- tens set forth herein;. C. To cooperate fully with the Village in the perform- ante of all of the Village's commitments and condi- tions herein made. 5. ,The Owners have assured the Village that the Owners will develop the subject premises, and in the event a person or per- sons other than the Owners shall develop the same they must be first approved by the Village or the Village may declare this Agreement null and void and of no force and effect whatsoever. 6. In the event any court of competent jurisdiction shall at any time declare any provision hereof, or any part of any provi- lion hereof unconstitutional or void for any reason whatsoever, that all of the remaining provisions or parts of provisions hereof shall not thereby fail but shall remain in full force and effect. 7. This Agreement shall be in full force and effect for a period of ten (10) years from and after its execution by the par- ties hereto and shall be and is binding upon the successors and assigns of the respective parties. IN WITNESS WHEREOF, on the day and year first above written the Owners have executed this Agreement individually, and the Village, pursuant to a proper ordinance or resolution by it heretofore pass- ed and adopted, has caused its President and Clerk to execute these 4 - ~ ~ « . N r • presents on its. behalf and its corporate seal to be a~~ixed hereto, all as provided by e` (~ t w i ;~. law. -~ ~i.,,,.._ _. _.~~ti- c~ i ~ C3? .lam Frank Parks, Jr, rgaret M. Par s Ric d A. rk Dora C. Pa ks ~~~-. ~- -vim 1 e y A. ement Card yn Dement r ~ , ,~ ,1 - ~ - ~~~OARD OF TRUSTEES OF THE VILLAGE OF ' PLATNFIELD, a Municipal Corporation,