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HomeMy Public PortalAboutOrdinance 0837 CHAP''1"ER '1 ARTICLE 8 s Sec. 5-46: An Ordinance Authorizing the Execution of a Pre--Annexation Agreement with Ralph Bada Louis Bertani and Mary Wood 4 WIiEREAS, there has been submitted an application for consideration of annexation agreement for property hereinafter described by the owners thereof, and WHEREAS, proper notices have been published and served as required by statute, and W;;EREAS, a proper hearing has been held by the Plan Con~unission and Board of App<~a1s of the Village of Plainfield concerning said agreement, and W;;EREAS, said Plan Commission and said Board of Appeals have recommended the approval of said annexation agreement, and ~gIiEREAS, it is for the best interest of the Village of Plainfie~.d that said agreement be entered into by the Village Of Plainfield. NOr•~, THEREFORE, BE IT ORDAINED BY T~iE PRESIDEI`IT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FDLLOWS: Sec. 8-461: That the President of the Board of Trustees and the Village Clerk are authorized tv enter into a Pre-Annexation Agreement with Ralph I3ada, Louis Bertani and Mary Wood, the owners, for and an behalf of the` Village of Plainfield, a copy of which is attached hereto and made a part hereof. That all ordinances or parts thereof in conflict herewith are hereby repealed. This Ordinance shall be numbered as Ordinance. No . ,:~--3 ~' and shall take effect upon its passage and approval. ,~ Passed this ~ ~ - day o f ....-.,%',~...-~a-f--<-~~z--'~` , Village Clerk L.~ i- 1976. 71p~aroved ~his~~da~ o+~ ~_f.~...~.~.~~...~.. F /,~ ,~ ~~ f ~ 'f ~' P7C'~51C~GTlt r ~., .~ I~TTES'i' Village Clerk <) ~».,~ ~~. p,NNEXATION AGREEMENT ~~ s THIS AGREEMENT, made this .~~ day of ~~ , 1976, between the VILLAGE OF PLAZNFIELp, a Municipal Corporation, in the County of Frill and State of Illinois, hereinafter referred to as the "Village", and hereinafter collectively referred tv as the "Owners". WHEREAS,' the Owners and the Village are desirous of ' annexing to the Village, upon the terms and conditions here- inafter set forth, certain real property owned by the Owners, being hereinafter referred to as the "premises" and described as set forth below; and WHEREAS, the Village, through its Zoning .Board of Appeals, Plan Commission and Corporate Authorities, has held. all the necessary hearings, after due and proper notice of the same were given, with respect to this Agreement, and the Corporate Authorities of the Village have adopted an Ordinance directing and authorizing the President of the Village to execute this Agreement and the Clerk of the Village to attest to this Agreement and affa;x the corporate seal hereon. NOW, THEREFORE, the parties hereto do enter into this... Annexation Agreement, pursuant to Chapter~24, Sections l1-15.1-1 through 11-1S.1-~S, of the Illinois Revised Statutes.. 1. The Village and the Owners, in consideration of the mutual agreements herein contained, the sufficiency of which is hereby acknowledged, agree that, from and after the execution of this Agreement, they will perform or allow to be performed the following covenants and agreements on their. respective parts made, all subject to the terms and conditions hereinafter set forth. 2. The Village and the Owners agree to do all things necessary to annex. to the Village the follo~a~ing descr~.bed property, to-wit: ., -z-- PARCEL T: The east 4l0 feet of the following tract of real estate: Commencing at the Southeast corner of the Southwest quarter (SW;) of Section 9, thence Nartherly along the East line of said quarter 545.0; thence westerly parallel with the South lane of said quarter 350.0 feet; thence Southerly parallel with the East line of said quarter 220.0 feet; thence Westerly parallel with sand South line 300.00 feet to the point of beginning: thence Northerly parallel faith the East line of said quarter to the North lane of the South half (S'~) of the South half (S Z) of the Southwest quarter (SW's) of said Section 9; thence westerly along the said North lane of aforesaid to the North- easterly line of a tract described in Document No. R70-4638; thence Southeasterly along said Northeasterly line aforesaid (being along a curve to the right having a radius of 1086.28 feet) to the point of intersection thereof with the North line of the trait described in Document No. R7S-08204; thence Easterly along the North line of, the tract described in Document Nv. R75-0$204 to the Northeast cornea of said tract; thence South along the East line of the Tract. described in Document. No. R75-0$204, l00 feet to the Southeast corner of said tract which point is also the Northwest corner of the tract described in Document No. R75-20089; thence Easterly along the North line of the tract described in Document No. R75--200$9 to the Northeast corner of said tract; thence Southerly along the East line of said tract to the intersection thereof with the Northerly right-of- way line of U.S. Route #30 as now located and dedicated; thence Easterly along the said Northerly right-of--way line of U. S. Route #30 to the inter- section thereof with the West line of the property described in Document No. 816449 thence Northerly along the said Westerly line of said tract to the point of beginning; all in the Southwest quarter (SW4) of Section 9, Township 36 North, Range 9 East of the Third Principal Meridian lying Southerly of the Indian Boundary Line in Will County, I1Xinois. PARCEL IT: The following described real estate excepting there- from the east 410 feet thereof: Commencing at the Southeast corner of the Southwest quarter (SC~14) of Section 9, thence Nartherly along the East line of said quarter 545,0; thence westerly parallel with the South line of said quarter of 35b.0 feet; thence Southerly parallel with the East line of said quarter 220.0 feet; thence Westerly parallel with said South line 300.0 feet to the point of beginning; thence Northerly parallel with the East lane of said quarter to the North line of the South half (S~) of the South half (S~) of the Southwest quarter (SCVa) of said Section 9; thence Westerly along the said North line of aforesaid to the Northeasterly line of a tract described, in Document No. R70-4638; thence Southeasterly along said Northeasterly line aforesaid (being along a ~. .. 3 - PARCEI; IS (CONTIN[1ED) .curve to the right having a radius of 1086.28 feet) to the point of intersection thereof. with the North lane of the tract described in Docuument No. R75-082.04; thence Easterly along the North line of the tract described in Document No. R'75-08204 to the Northeast corner of said tract; thence South along the East line of the Tract described in Document No. R75-08204, 100 feet. to the Southeast corner of said tract which point is also the North- west corner of the tract described in Document No, R75-200$9; thence Easterly along the North line of the tract described in Document No. R75-20089 to the Northeast corner of said tract; thence Southerly along the East line of said tract to the intersection thereof with the Northerly right- of-way lane of U.S. Route #30 as now located and dedicated; thence Easterly along the said Northerly right-of-way line of U. S. Route X30 to the intersection thereof with the West. line of the property described in Document No. 816449 thence Northerly along the said Westerly lane of sand tract to the point of beginning; all in the Southwest (SW~) quarter of Section 9, Torn-- ship 36 North, Range 9 East. of the Third Principal Meridian lying Southerly of the Indian Boundary... Line in Will County, Illinois. 3. The Village agrees to zone the property herein- after described as I--l under the terms of the existing ordinances of the Village of Plainfield: The fallowing described real estate excepting there- from the east 410 feet thereof: Commencing at the Southeast corner of the Southwest quarter (SW~) of Section 9, thence Northerly along the East line of said quarter 545.0; thence westerly parallel with the South lane of said quarter of 350.0 feet; thence Southerly parallel with the East line of said quarter 220.0 feet; thence Westerly parallel with said South line 300.0 feet to the point of beginning: thence Northerly parallel with the East line of said quarter to the North line of the South half (S~) of the South half (S 2) of the Southwest quarter (SW;) of sand Section 9; thence Westerly along the saa.d North line of aforesaid to the Northeasterly line of a tract described an Document No. R70-4638; thence Southeasterly along said Northeasterly line aforesaid (being along a curve to the right having a radius of 1086,28 feet) to the point of intersection thereof with the North line of the tract described in Document No. R'15--08204; thence Easterly along the North line of the tract described in Document No. R75--08204 to the Northeast corner of said tract; thence South along the East line of the Tract described in Document Na. R75-0$204, 100 feet to the Southeast corner of said tract which point is also the North- west corner of the tract described in Document No. R75--20089; thence Easterly along the North line of the tract described in Document No. R75-20089 to the Northeast corner of said tract; thence Southerly along the East line of said tract to the ti ... ~ .,. is intersection thereof with the Northerly right- of--way line of U.S. Route #3Q as now located and dedicated; thence Easterly along the said Northerly right-of-way line of U.S. Route X30 to the intersection thereof with the West line of the property described in Document No. 816449 thence Northerly along the said Westerly line of said tract tv the point of beginning; all in the Southwest quarter (SW~a) of Section 9, Town- ship 36 North, Rance 9 East of the Third Principal Meridian lying Southerly of the Indian Boundary Line in Will. County. Illinois. 4. The Village agrees to zone the fallowing described ~t property as a B-3 Zone: The east 4l0 feet of the following tract of real. estate: Commencing at the Southeast carnet of the Southwest quarter (SWa) of Secta.on 9, thence Northerly along the East Line of said quarter 545.0;thence westerly parallel with the South line of said quarter 350.0 feet.- thence Southerly parallel with the East line of said quarter 220.0 feet; thence Westerly parallel with said South Line 300.00 feet tv the point of beginning. thence Northerly parallel with the East line of said quarter to the North line of the South half' (S'~) of the South half (S~) of the Southwest quarter. (SW a) of said Section 9; thence westerly along the said North line of aforesaid to the North- easterly line of a tract described in Document No. R70--4638; thence Southeasterly along saa.d . Northeasterly line aforesaid (being along a . curve to the right having a radius of 1086.28 . feet) to the point of intersection thereof with the North line o~ the tract described in Document No. R75-~082Q4; thence Easterly along the North lane of`the tract described in Document No. R75--08204 tv the Northeast corner of said tract; thence South along the East ling of the Tract described in Document No. R75--08204, l00 feet to the Southeast corner of said tract which point is also the Northwest corner of .the tract described in Document No. R75-20089; thence Easterly along the North line o£ the tract described in Document No. R75-20089 to the Northeast corner of said tract; thence _ Southerly along the East line of saa.d ta:act to tl~e intersection thereof with the Northerly right--of-- way lane of U.S. Route #30 as now located and .dedicated; thence Easterly along the said Northerly ..right--of--way line of U. S. Route X30 to the .inter- section thereof with the West line of the property described in Document No. 816449 thence Northerly along the said jesterly line of said tract to the paint of beginning; all in the Southwest quarter (SW 4) of Section 9, Township 36 North, Range 9 East of the Third Principal Meridian Lying Southerly of the Indian Boundary Line in Wa11 County, xllinois. I~ - 5-- 5, Anything herein to the contrary notwithstanding the Owners agree that there shall be no building constructed on the premises described in Paragraph Four above that is closer to the center line of Illinois Route I26 than any building on any property adjacent to or contiguous to said premises. Owners further agree that as to said tract described in Paragraph Four that side yard set back lines an the premises shall be those set forth for B-1 Zoning Districts in the present Ordinances of the Village of Plainfield and further that there shall be constructed on the premises parking facilities suf- ficient to provide parking spaces for all employees and patrons of any business housed on said premises. 6. The Village agrees that there may be constructed on premises described in Paragraph Four above a bowling alley, restaurant, and tavern facilities provided that all such facil- ides shall be housed in orie (1) structure. The Village furthex agrees that said uses of the premises shall be considered proper uses in a B-3 Zoning District. 7. Tn the event facilities. as contemplated in Paragraph, Six hereof are not constructed within five (5) years from the date of this Agreement, the zoning on said premises shall become a B-2 District, 8. That the Village, agrees that prior tv ar simu~.- taneous with the execution of this Agreement it will cause the property described herein to become contiguous with the Village limits so that it is a proper subject for this type of Agree-- meat. 9. The tenure of this Agreement, except where other- wise stated, sha11 be for five (5) years and shall be binding upon and enure to the benefit of the respective parties, their successors and assigns, and the successors in title to the premises. ~: ..~