HomeMy Public PortalAboutOrdinance 1537, ~ CHAPTER 7
ARTICLE 8
Sec. 8-269 AN ORDINANCE AUTHORIZING THE EXECUTION OF A
CERTAIN ANNEXATION AGREEMENT BETWEEN THE VILLAGE
OF PLAINFIELD, ILLINOI5 AND THE ESTATE OF MELVIN
H. BROWN, DECEASED.
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 Estate of Melvin
H. Brown, Deceased; 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. 8-269-1: 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
acre hereby repealed.
This Ordinance shall be in fu11 force and effect from and
after its passage and approval as required by law.
This Ordinance shall be numbered as ordinance Na. 1537
PASSED THIS 6th DAY OF December 1993.
AYES: Dement; Heirnerdinger; Kelly;Ray; Rock. (5)
NAYS: 0
ABSENT: Lambert (1)
APPROVED THIS 6th DAY OF December , 1993.
.~' . , ~ ~_
V LLAGE PRESIDENT
,-- ATTEST 5
VILLA '".CLERK PREPARED BY/MAIL TO:
VILLAGE OF PLAINFIELD
~~'~ 1400 N. DIVISION ST.
PLAINFIELD, IL. 60544
PIN# 03--21-200-005
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ANNEXATION AGREEMENT
This Agreement made this 6 day of December , 1993,
between the VILLAGE OF PLAINFIELD, a Municipal Corporation, Will
County, T1linois hereinafter referred to as "Village", and ESTATE
OF MELVIN H. BROWN, DECEASED, hereinafter referred to as "Owner".
WHEREAS, the Owner is desirous of annexing certain real
property to the Village upon terms and conditions set forth in this
Agrement, all concerning the property specifically described in
Exhibit "A" being an Annexation plat dated May 7, 1993, attached
hereto and made a part hereof, such real property hereinafter
referred to as "Exhibit A"; and
WHEREAS, the Village desires to annex the Premises, and has,
or will, through its honing Board of Appeals, Planning Commission,
and Corporate Authorities, hold all necessary hearings and meetings
required by law, after giving due and proper notice of the same,
with respect to this Agreement and shall adopt 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 affix the corporate seal thereon;
NOW THEREFORE, the parties hereto do enter into this Agreement
pursuant to Chapter 65, Section 5/11-15.1-1 through 5/11-15.1-5 et.
seq. of the Illinois Compiled Statues, 1992, and agree as follows:
1. MUTUAL AGREEMENT.
The Village and the Owner, in consideration of the mutual
agreements herea.n contained, the sufficiency of which is hereby
acknowledged, agree that, from and after the execution of this
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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. ANNEXATION.
Immediately upon execution of this Agreement by the parties
hereto, the owner agrees to have on file with the appropriate
authorities of the Village, proper annexation petition or petitions
required by law to accomplish the annexation of the Premises per
attached Plat of Annexation, Exhibit "A", in accordance with
Article 7 of the Illinois Municipal Cade with the understanding
and agreement of the parties now set forth herein, that the Village
shall not adopt and pass any ordinance annexing the Premises or any
portion thereof, unless the Premises be simultaneously therewith
zoned as hereinafter provided, by appropriate amendatory zoning
ordinances, and so long as the Premises are contiguous to the
Village limits. See Exhibit A for legal description of parcel to
be annexed.
3. ZONING.
The Village shall conduct public hearings before the Planning
Commission pursuant to statute and Village ordinances regarding the
establishment of zoning as specified herein. The Village shall
adopt proper ordinances to enact specified zoning according to this
Agreement upon annexation of the subject property as set in Exhibit
"A'". Parcel "A" on the Zoning Plat (attached as Exhibit "B") shall
be classified under the Zoning ordinance of the Village's zoning
Code and described as B-3, General Business District, after Public
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Hearing before the Planning Commission and approval by the Village
Board of Trustees. Upon request by the owners, the Village shall
adopt an ordinance as may be appropriate classifying said property
to accommodate one restaurant with a drive-up/drive through window.
Parcel "S" (as shown on Exhibit "B") shall be classified under the
Zoning Ordinance of the Village's Zoning Code and described as
Residence A, Single-family District. Such zoning shall survive the
expiration of the annexation agreement and shall remain in effect
unless or until the zoning of the property has been altered in
accordance with law. The. owners shall notify purchasers of Lots
7 - 13 at the time of sale of the commercial use and potential for
a drive through restaurant.
4. PERFORMANCE BY VYLLAGE.
The Owner do hereby enter into this Agreement based on the
representation and commitment that the Village of Plainfield, and
its duly executed officials, will hereafter use their best efforts
to provide to the subject property those village services
consisting of sanitary, sewer, and water sufficient to supply the
developmental needs of the entire property based on the intended
residential and commercial usages which are provided for by this
Agreement.
5. C08TiS TO OWNER.
The Owner shall not be assessed any direct cost for the
extension of the sanitary sewer and water over and across the
subject property which consists of a total of 72.79 acres.
However, upon development of all or any portion of the 72.79
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acre property, the Village shall be entitled to receive from the
owner at the time each building permit is issued, the estimated
sum of $361.50 per unit based on a recapture fee of $54,225.55 and
150 lots. The exact cost shall be determined by dividing the total
line recapture fee assigned to the subject site by the total number
of Residential Lots approved on the Preliminary Plat of Vintage
Harvest. Further, the Owner shall provide $325.00 per each
residential lot for ancillary casts to the Village for expenses
related to civil defense sirens, interim street maintenance, Fraser
Road bridge construction, and other uses the Village may deem
necessary. Said sums shall be paid in addition to the Village's
customary tap-on-fees.
6. ROAD IMPROVEMENTS.
The owner shall be responsible for improvement to Fraser Road
from Rt . 59 to the west 1 units of the subject premises . Fraser
Road shall be improved to a neighborhood collector status including
80 ft. of total right-of-way width, measured 40 ft. from the
road's center. Pavement shall be no less than 35 ft. measured to
the back edge of the driving surface on each side. Road base
design capacity shall meet requirements of the Village Subdivision
Regulations and Village Engineer's approval. Offside improvements
to Fraser Road (east of the subject site) shall be constructed when
500 of the number of Lots (as shown on the Preliminary Plat) are
developed. The Owner shall provide surety in the form of a Letter
of Credit (or other approved form of surety) for Fraser Road
between Route 59 and the east boundary line of the subject site.
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Such surety may be provided in segments equivalent to thirty-three
percent (33~) of the estimated cast of aff--site road improvements
with each subdivision unit until one hundred percent (100) of the
required surety is achieved. However, one hundred percent (100)
of the surety far off--site Fraser Raad improvements shall be
required in the event that fifty percent (500) of the total number
of lots are platted prior to the third (3rd) subdivisian unit.
Easy Street shall be extended by the owners across the Commonwealth
Edison right-af-way to complete the connection between Lewood
Subdivision and subject premises. The Village shall contribute 33~
of the cost of this extension.
All streets indicated on the Preliminary and Final Plats far
Vintage Harvest shall be constructed according to current
subdivision regulations as approved by the Village.
7. RECAPTURE OF CONSTRUCTION COSTS.
The Owner shall be eligible for the recapture of costs to
construct the south side of Fraser Raad as required herein. This
amount to be no mare than 500 of the total construction costs for
Fraser Road improvements. The recapture amount shall be based on
actual cast of storm sewer and road improvements not including
sidewalks on the north side of Fraser Road as recapturable
improvements. Such recapture fees shall be assigned to adjoining
undeveloped property benefiting from said improvements.
Interest on the recapturable costs at a rate of 6~ shall
accrue for up to 8 years. Interest shall not commence until the
beginning of the 3rd year after completion of required recapturable
5
improvements. Payment of recapture fees shall be required at the
time of development or final subdivision plat approval of adjoining
undeveloped property. In the event development or final subdivision
plat approval of adjoining undeveloped property does not occur
within 10 years of the date hereof, then the Owner shall not be
eligible to receive any recapture funds. The Benefit Areas subject
to recapture casts are described in Exhibit "C" attached hereto.
The Village shall attempt to collect the above recapture
costs, but shall not be obligated to bring any suit to enforce the
collection of the same nor shall the Village or any of its
officials or agents be liable in any manner far failure to make
such collections.
$. DEVELOPMENT PARAMETERS.
The Owner shall develop the subject premises in accordance
with the approved Preliminary Plat attached as Exhibit "D". The
subdivision shall meet all applicable zoning and subdivision
regulations with an exception of lot width provisions regarding
Lots 7 through 11, 33 through 45 and 141 through 150 which shall
be no less than 80' in width as measured at the building setback
line.
Building permits only in Phase I, shall be available prior to
street construction. However, the Owner shall provide adequate
access far inspections, emergency vehicles and police patrols.
This shall be in the form of temporary gravel roads, maintained in
accordance with the requirements of the Village Building Official.
In no event shall residential occupancy permits be granted prior
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to completion of required public utilities, curb and gutter and
paved base course on public streets. However, model homes may be
shown by builders to potential customers prior to installation of
paved road surfaces. Temporary model homes shall not be occupied
as sales offices until public streets are paved. Sales offices
shall be permitted for a one year period, renewable upon request
by the developer and approval by the Village board. Sales trailers
shall be landscaped and properly maintained.
9. NOTICES.
Unless otherwise notified in writing, all notices, requests
and demands shall be in writing and shall be personally delivered
to or mailed by the United States Certified Mail, postage prepaid
and Return Receipt Requested, as follows:
For the Village:
Village of Plainfield
1400 Division
Plainfield, IL 60544
James B. Harvey
Attorney at Law
McKeown Law Firm
2455 Glenwood Ave.
Joliet, I1 60435
For the Owner:
David Sei1
Attorney at Law
200 Cedar Road
New Lenox, IL
Michael Guinta
1917 Manning Rd.
Darien, I1
Thomas M. Walsh
Attorney at Law
921 Curtiss Street
Downers Grove, IL 60515
10. BINDING EFFECT.
This Agreement shall be binding upon and inure to the benefit
of the parties hereto, successor owners of record of the subject
property, assignees, lessees, and upon any successor municipal
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authorities of said Village and successor municipalities for a
period of twenty (20) years from the date of execution hereof and
any extended time that may be agreed to by amendment.
11. ENFORCEABILITY AND SEVERABILITY.
A. 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.
B. If any provision of this Agreement is held invalid, such
provision shall be deemed to be excised therefrom and the
invalidity thereof shall nat affect any of the provisions contained
herein.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals this 6 day of Decernber , 1993.
VILLAGE OF PLAI ELD
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V' lage President
ESTATE OF MELVIN H.BROWN,
DECEASED. '
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Exhibit "C"
November 18, 1993
BENEFIT AREA A
B-~i, HIGHWAY BUSINESS DISTRICT
THE EAST 921 FEET OF THE NORTHEAST QUARTER (NE'/) OF THE SOUTHEAST
QUARTER (SE'/a) OF SECTION 21, TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE
THIRD PRINCIPAL MERIDIAN, EXCEPTING THE SOUTH 530 FEET OF THE
NORTHEAST QUARTER (NE 1/) OF THE SOUTHEAST QUARTER (SE 1/a) OF SAID
SECTION 21, ALL IN PLAINFIELD TOWNSHIP, WILL COUNTY, ILLINOIS
CONTAINING 16.7Q ACRES MORE OR LESS.
BENEFIT AREA B
B-3, BUSINESS DISTRICT (Along Fraser Road)
THE NORTH 3$.75 RODS OF THE SOUTHEAST QUARTER (SE'/) OF SECTION 21,
TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN,
EXCEPTING THE WEST 30 RODS, AND EXCEPTING THE EAST 921 FEET OF THE
SOUTHEAST QUARTER (SE'/) OF SAID SECTION 21, ALL IN PLAINFIELD
TOWNSHIP, WILL COUNTY, ILLINOIS CONTAINING 17.97 ACRES MORE OR LESS.
CASE NO. 392-051093. AA
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