HomeMy Public PortalAboutOrdinance 1305__ ' -' - ''`" '- °PI,N 03 ;27-200-013
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~~~ CHAPTER 7
ARTICLE 8
Sec. 8-151 AN ORDINANCE AUTHORIZING THE EXECUTION
OF A CERTAIN ANNEXATION AGREEMENT BETWEEN
THE VILLAGE OF PLAINFIELD, ILLINOIS, AND
BERNARD J. HAYES AND ROSEMARY HAYES.
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 BERNARD
J. HAYES AND ROSEMARY HAYES.
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. 8-151-1: 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herewith are hereby repealed.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. 1305
PASSED this 18th day of December ,1989, with 5
members voting aye, 0 members voting nay, and with 1
members absent.
APPROVED this 18th day of
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AGREEMENT
THIS AGREEMENT, made and entered into this 18th day of
December , 19 89 , by and between the VILLAGE OF
PLAINFIELD, an Illinois municipal corporation (hereinafter
referred to as "PLAINFIELD") and BERNARD J. HAYES AND ROSEMARY
HAYES (hereinafter collectively referred to as "OWNERS");
W I T N E S S E T H:
WHEREAS, OWNERS hold legal and equitable title to the
property legally described on Exhibit "A" attached hereto and by
this reference, incorporated herein (hereinafter sometimes
referred to as the "SUBJECT REALTY"); AND,
WHEREAS, the SUBJECT REALTY consists of approximately 10.7
acres, is presently situated within the unincorporated areas of
the County. of Will and is not yet adjacent and contiguous to the
corporate boundaries of PLAINFIELD; and,
WHEREAS, the SUBJECT REALTY is presently improved with the
following structures and uses:
Agricultural/Residential
;and,
R9O-~3~s59
WHEREAS, the OWNERS of the SUBJECT REALTY are desirous of
annexing the SUBJECT REALTY to PLAINFIELD pursuant to the terms
and conditions hereinafter set forth; and,
WHEREAS, a Petition For Submittal of Question of Annexation
of Territory to the Corporate Authorities of the Village of
Plainfield was filed with the Circuit Court Clerk of Will County,
pursuant to Illinois Revised Statutes, 1987, Chapter 24, pars 7-
1-2 et seq.; the territory legally described within said Petition
including the SUBJECT REALTY; and,
WHEREAS, the Circuit Court of Will County has .determined
that said Petition is valid and that the requirements of Illinois
Revised Statutes, 1987, Chapter 24, pars. 7-1-2 et seq. have been
met, and the Circuit Court has ordered the corporate authorities
of PLAINFIELD to consider the question of annexation of the
territory described therein, including the SUBJECT REALTY; and,
WHEREAS, as the Circuit Court of Will County ordered the
corporate authorities of PLAINFIELD to consider the question of
-annexation of the territory, including the SUBJECT REALTY, it is
the desire of PLAINFIELD and OWNERS that the annexation, use and
further development of the SUBJECT REALTY proceed as soon as
practicable, subject to this Agreement and all other ordinances
and codes of PLAINFIELD, except as .the same may be modified
herein; and,
WHEREAS, Article VII, Section 10 of the Constitution of the
State of Illinois, 1970, authorizes units of local government to
contract with individuals, associations and corporations in any
manner not prohibited by law; and,
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~~4-3859
WHEREAS, Illinois Revised Statutes, 1987, Chapter 24, par.
11-15.1-1 authorizes the corporate authorities of any
municipality to enter into an agreement with one or more of the
owners of record of land in any territory which may be annexed to
such municipality; and,
WHEREAS, the parties desire to enter into an Agreement with
respect to the annexation of the SUBJECT REALTY and various other
matters pursuant to Chapter 24, par. 11-15.1-1, et seq. Illinois
Revised Statutes, 1987, as amended and the intergovernmental
cooperation provisions of Article VII, Section 10 of the
Constitution of the State of Illinois, 1970; and,
WHEREAS, all public hearings, as required by law, have been
held by the corporate authorities of PLAINFIELD, the Plan
Commission and Zoning Board of Appeals of PLAINFIELD, upon the
matters covered by this Agreement; and,
WHEREAS, notice has heretofore been served on the Board of
Town Trustees of PLAINFIELD Township, including the Township
Commissioner of Highways, pursuant to the provisions of Chapter
24, Section 7-1-1 of the Illinois Revised Statutes, 1987 as
amended; and,.
WHEREAS, the corporate authorities of PLAINFIELD, after due
and careful consideration, have concluded that the annexation and
development of the SUBJECT REALTY, upon the terms and conditions
hereinafter set forth, would further the growth of PLAINFIELD and
enable PLAINFIELD to control the development of the area and
serve the best interests of PLAINFIELD; and,
3
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WHEREAS, by a favorable vote of at least two-thirds (2/3) of
the corporate authorities of PLAINFIELD then holding office, an
Ordinance has heretofore been adopted authorizing the execution
of this Agreement.
NOW, THEREFORE, in consideration of the foregoing premises
and in further consideration of the mutual covenants, conditions
and agreements herein contained, the parties hereto agree as
follows:
ARTICLE I
INCORPORATION OF RECITALS
The "Whereas" clauses set forth hereinabove are hereby
incorporated herein as substantive provisions of this Agreement
as if fully set out.
ARTICLE II
ANNEXATION
Subject to the provisions of Illinois Revised Statutes,
1987, Chapter 24, pars. 7-1-2 et seq., and in light of the
Circuit Court of Will County entering an order on June 6, 1989,
directing the corporate authorities of PLAINFIELD to consider the
annexation of the territory legally described in the Petition
heretofore incorporated herein as Exhibit "B", said territory
including the SUBJECT REALTY, the corporate authorities of
PLAINFIELD will take all necessary legislative actions to cause
the SUBJECT REALTY to be duly and validly annexed to PLAINFIELD.
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R90-~3II~9
ARTICLE III
REZONING
The SUBJECT REALTY shall be rezoned A-R, Agricultural-
Residential when such zoning district is established by
PLAINFIELD.
ARTICLE IV
PASSAGE OF ORDINANCES AND/0
PLAINFIELD shall properly pass and
ordinances, or to pass or adopt any
resolutions or ordinances as may be
convenient to enable the performance of
its part herein made.
R RESOLUTIONS
adopt any resolutions or
amendments to existing
necessary, required or
all of the covenants on
ARTICLE V
EXISTING USES AND STRUCTURES
Uses now existing on the SUBJECT REALTY shall be allowed to
continue if desired by OWNERS, including homestead agricultural
uses, crop and farm equipment storage, raising of crops and
livestock, including .horses, and burning of brush, grass and tree
limbs, and continued use of a mobile home on site.
ARTICLE VI
CONNECTION TO VILLAGE WATER AND SANITARY SEWER
PLAINFIELD does not have sanitary sewer or water mains
accessible to the SUBJECT REALTY at this time. Therefore,
PLAINFIELD shall not require OWNERS to connect to Village
utilities. This does not, in any way, relieve the OWNERS from
compliance with the Illinois Environmental Protection Agency or
Will County Health Department regulations concerning sanitary
sewer and water connections.
5
R9O-3859
ARTICLE VII
PROPERTY TAXATION
One hundred percent (100) of the Village of PLAINFIELD'S
portion of property taxes shall be rebated for a period of ten
(10) years or until such time as the SUBJECT REALTY is developed,
whichever occurs first. Development is defined as whenever any
final plat of subdivision is approved or any building permit is
issued for any portion of the SUBJECT REALTY, whichever occurs
first.
ARTICLE VIII
LEGAL FEES
PLAINFIELD shall reimburse the OWNERS legal fees. and
expenses relating to the annexation of the subject property up to
$1,250.
ARTICLE IX
GENERAL PROVISIONS
A. GOVERNMENTAL APPROVAL: PLAINFIELD agrees to use its
best efforts to assist OWNERS in obtaining such permits
or licenses as may be required from time to time under
any and all State and Federal laws and regulations,
including, without limitation, the Illinois
Environmental Protection Act, for the purpose of
permitting development of the SUBJECT REALTY.
B. STORM WATER DRAINAGE, DETENTION AND MANAGEMENT: At such
time as OWNERS, their successors or assigns, elect to
develop or subdivide any portion of the SUBJECT REALTY
or change or alter any existing use or structure, then
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R90 vy3~.59
storm water drainage, detention and management shall be
provided upon the SUBJECT REALTY in accordance with all
applicable laws, administrative regulations and
ordinances, whether originating with the State of
Illinois, the Federal government, the County of Will or
the Village of PLAINFIELD, as the same .may be modified
from time to time and applied to all storm water
drainage conditions affecting the SUBJECT REALTY,
including storm water released from tributary areas.
The application of the foregoing standards shall be
cumulative, it being the intent that those standards or
portions thereof which are most restrictive shall apply.
C. UTILITY EASEMENT: OWNERS shall grant adequate easements
and rights-of-way for all public improvements and
utilities, including cable television..
D. ANNEXATION FEES: OWNERS shall not be obligated to pay
any annexation fees to PLAINFIELD.
E. BUILDING PERMIT FEES: The building permit fees
applicable to all construction on the SUBJECT REALTY
shall be those charged by PLAINFIELD pursuant to
ordinance, as the same may be modified from time to
time.
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R90-X3859,
F. WATER AND SEWER CONNECTION FEES: The water connection
fees and sewer connection fees assessed on the SUBJECT
REALTY shall be those assessed for similar uses within
PLAINFIELD at the time of connection, as such fees may
from time to time be provided by ordinance, except as
otherwise provided for by thishhAgree e Village
of PLAINFIELD will provideto e~l~~g wa e tap-on fee and
one (1) sewer tap-on fee for the SUBJECT REALTY.
G. OTHER FEES: All other fees provided for by ordinance
and uniformly applied and collected in connection with
the development of property within the corporate limits
of PLAINFIELD, shall be applicable to the SUBJECT
REALTY. The fees or charges referred to in subparagraph
G. shall be those fees and charges uniformly imposed by
the Village of PLAINFIELD from time to time by ordinance
during the term of this Agreement.
ARTICLE X
RECORDATION
The parties agree to do all things necessary to cause this
Agreement to be recorded in the Office of the Recorder of Deeds,
Will County, Illinois. Should any title company issuing
commitments for title insurance raise this Agreement as an
objection to title, PLAINFIELD shall, if OWNERS, their successors
and assigns have complied in all aspects with the terms of this
Agreement, exercise its best efforts to secure the waiving of
this Agreement as a title objection.
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R9O-~3659
ARTICLE XI
MISCELLANEOUS PROVISIONS
A. NOTICES: All notices hereunder shall be in writing and
must be served either personally or be registered or
certified mail to:
1. PLAINFIELD at:
Village of Plainfield
1400 North Division Street
Plainfield, IL 60544
2. OWNERS at:
Robert G. Whitley, Jr.
Attorney-At-Law
704 North DesPlaines Street
Plainfield, IL 60544
Bernard J. and Rosemary Hayes
16938 South Lily Cache Road
Plainfield, IL 60544.
3. To such other person or place which any party
hereto, by its prior written notice, shall designate
for notice to it from the other parties hereto.
B. BINDING EFFECT, TERM AND AMENDMENT: This Agreement
shall be binding upon and inure to the benefit of the
parties hereto, successor owners of record of the
SUBJECT REALTY, their assigns, lessees and upon any
successor municipal authority of PLAINFIELD and
successor municipalities, for a period of ten (10) years
from the date set forth in the first paragraph of this
Agreement.
This Agreement may be amended from time to time with the
consent of the parties hereto, pursuant to statute in
such case made and provided.
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R9O-0385.9
C. SEVERABILITY: This Agreement is entered into pursuant
to the provisions of Chapter 24, Section 11-15.1-1 et
seq., Illinois Revised Statutes, 1987, as amended and
the provisions of Article VII, Section 10 of the
Constitution of Illinois, 1970. The corporate
authorities of PLAINFIELD have heretofore conducted a
public hearing upon this Agreement. In the event any
part or portion of this Agreement, or any provision,
clause, wording or designation contained within this
Agreement is held to be invalid by any court of
competent jurisdiction, such part, portion, provision,
clause, wording or designation shall be deemed to be
excised from this Agreement and the invalidity thereof
shall not affect the remaining portions thereof.
D. ENFORCEABILITY: 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
contained herein.
E. SURVIVAL OF REPRESENTATIONS: Each of the parties
hereto, for themselves, their successors, assigns,
heirs, devisees and personal representatives, agrees
that the warranties and recitals set forth in the
preamble to this. Agreement are material to this
Agreement, and the parties hereby confirm and admit
their truth and validity and hereby incorporate such
representations, warranties and recitals into this
Agreement, and the same shall continue during the term
of this Agreement.
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R90-~i3~~59~
F. GENDER: Unless the provisions of this Agreement
otherwise require, words imparting the masculine gender
shall include the feminine; words imparting the singular
number shall include the plural; and words imparting the
plural shall include the singular.
G. CAPTIONS AND PARAGRAPH HEADINGS: The captions and
paragraph headings incorporated herein are for
convenience only and are not part of this Agreement.
H. CONFLICT IN REGULATIONS:
1. The provisions of this Agreement shall supersede the
provisions of any ordinances, codes, policies, or
regulations of PLAINFIELD which may be in conflict
with the provisions of this Agreement.
2. Pursuant to the requirements of statute, the
corporate authorities of the Village of PLAINFIELD
shall adopt such ordinances as may be necessary to
put into effect the terms and provisions of this
Agreement.
I. CHANGES IN REGULATIONS: It is understood and agreed,
except as otherwise provided for herein, the Zoning,
Subdivision Control, Planned Unit Development, Building
Code and all other ordinances, including all fees and
charges of PLAINFIELD, shall not be frozen during the
term of this Agreement, and such ordinances, as the same
may from time to time be amended and enforced throughout
the Village of PLAINFIELD, shall apply to the SUBJECT
REALTY.
11 ~,a--
R90-{3859.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals on the day and year first above written.
VILLAGE OF PLAINFIELD, an
Illinois municipal corporation,
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R9Q-03859
E%HIBIT A.
OWNERS: BERNARD AND ROSEMARY HAYES
That part of West half, Southwest Quarter of Northeast
Quarter, Section 27, Township 36 North, Range 9 lying
North and West of Northwesterly right of way line of
Lily Cache Road and the East 250 feet of the South half
of the North half of the Southeast Quarter of the
Northwest Quarter of Section 27 (excepting therefrom
that part conveyed per Document No: 1009646 described
as follows: The North 174 feet of the South 834 feet
of the East 250 feet of Northwest Quarter of Section
27) 10.90 acres.
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. R90-3859 .
„ ,,
STATE OF ILLINOIS } ~)Chr~r~
SS
COUNTY OF WILL )
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT~~.
WILL COUNTY, ILLINOIS "
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' IN RE: THE PETITION FOR ) Q ~ ~~,~ ~ ~ ~.
ANNEXATION TO THE ) ~JJ ,> v
LD No.
VILLAGE OF PLAINFIE , } ,~
ILLINOIS. ) `~
pgTTTTeN FOR aNNE%11TION
Now comes- the Petitioners pursuant to Section 7-1-2 of the
Municipal Code of the State of Illinois, and respectfully request
that the hereinafter legally described territory be annexed to
-the. municipality of the Village of Plainfield, Illinois, and that
the Will County Circuit Court submit the question of annexation
of the hereinafter legally described territory to the corporate
authorities of the municipality of the Village of Plainfield,
Illinois, and respectfully states, as follows:
1. That we are the owners of record and/or the electors
residing in the territory described as follows:
See the legal description which is attached hereto and
made a part of this Petition and marked as Exhibit "A".
2. That the aforedescribed territory is not situated within
the limits of any municipality.
3. That the aforedescribed territory is contiguous to the
Village of Plainfield, Illinois.
Now, therefore, the Petitioners respectfully request as
follows:
1. That the aforedescribed territory be annexed to the
municipality of the Village of Plainfield, Illinois, pursuant to
/ .~
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R90-3859
Section 7-1-2 of the Illinois Municipal Code of the State of
Illinois.
2. That the Will County Circuit Court submit the question
of annexation to the corporate authorities of the Village of
Plainfield, Illinois.
3. That such other action be taken as is appropriate
regarding the above-described territory.
4. That the Court enter an order fixing the time for a
hearing upon the Petition on a date certain which said date shall
be not less than 20 days nor more than 30 days after the date of
filing of said Petition.
5. That this Court find and determine that the Petition for
Annexation is valid and enter its order describing the territory
to be annexed and find and determine that the Petition conforms
to Article 7 of the Illinois Municipal Code and further enter its
order directing that the question of the annexation be submitted
to the corporate authorities of the Village of Plainfield for
final action and that the Clerk of the Circuit Court submit a
certified copy of the Court's Order to the Clerk of the Village
of Plainfield.
Respectfully submitted,
a
L ~r,.. ,~l , ' 1
Attorneys for Petitioner
Roger D. Rickmon
Patricia A. Schneider
5 E. Van Buren Street, Suite 410
Joliet, IL 60431
(815)726-4311
~~
R90-x'3859
+ •` STATE, OF ILLINOIS ?
1 SS '
• COUNTY OF WILL
AFFIDAVIT
~/)~,:,,,~ ~u~ p,,~,,,.,~s, being first duly sworn, deposes
and says on oath that the attached Petition for Annexation has
been signed by a majority of the ownwers of record of the
territory sought to be annexed and by a majority of the electors
residing in the territory sought to be annexed at the time this
Petition for Annexation was filed with the Clerk of the Will
County Circuit Court.
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Subscribed and sword,
to before me this.~f~
day ~f Apri1,1989. ~-
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Notary Public
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PAEiCBi. P.I.N.
1 3-21-300-008
2 3-21-300-004
3 3-21-300-005
4 3-21-300-006
5 3-21-400-017
6 3-21-400--003
7 3-28-100-003
8 3-28-200-003
9 3-~7-100-001
10 3-27-101-001
11 3-27-101-002
12 3-27-101-003
23 3-27-101-004
14 3-27-101-0OS
PARCEL B1. N.
PARCEL F.I.N. PARCEL P. LN. PARCEL P.LN
15
16 3-27-101-006
3-27-101-007 30 3-27-102-008 44 3-27-101-025 59 3-27-101-024
I7
3-27-101-008 31
3~ 3-27-102-016
3-27-102-015 45 3-27-101-027 60 3-27-100-006
18
3-27-101-009
33
3-27-102-013 46
47 3-27-102-017
3-27-102-018 61 3-27-200-013
19
3-27-101-010'
34
3-27-102-014
48
3-27-102-019 62 3-27-200-002
20
3-27-101-011
35
3-27-102-001 63 3-27-203-002
21 3-27-101-012 36 3-27-102-002 '
22
23 3-27-101-013
3-27-101-014 37 3-27-102-003 51 3-27-101-017 66 3-28-100-005
24
3-27-101-015 38
39 3-27-102-004
3-27-101-U31 52
53 3-27-101-018
3
7
- 67 - 3-28-100-004
25
3-27-101-016
40
3-27-101-030
54 -2
-101
019
3-27-101-020 68 3-28-200-002
26
3x27-102-012
41
3-27-101-029
55
3-27-101-021 69 3-27-200-001
27 3-27-102-011 42 3-27-101-02Q 56 3-27-101-033
28 3-27-102-010 43 3-27-101-026 57 3-27-101-032
29 3-27-102-009 58 3-27-101-023
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