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Home My Public Portal AboutOrdinance 12980~° CHAPTER 7 ARTICLE 8 PIN 03-16-400-983 ~~S Sec. 8-147 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD, ILLINOIS, AND SHIRLEY HINTZCHE, ROBERT HINTZCHE, JEAN SENECA AND FRANK SENECA. 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 SHIRLEY fINTZCHE, ROBERT HINTZCHE, JEAN SENECA and FRANK SENECA; 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. 8-147-1: That the President and Village C].erk 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 That all ordinances or parts thereof in conflict herewith are hereby repealed.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. 1298 FASSED this 27th day members voting aye, D members absent. of November ,1989, with 6 members voting nay, and with 0 G! Village ¢'lerk November , 1989. r resi nt PREPARED BY/MAIL TO: VILLAGE OF PLAINFIELD 1400 N. Division St. Plainfield, IL. 60544 APPROVED this _ 27thday of ti , ' a... t_ ~. i? . -4~ ~-.. Village Cl rk r «.;: ~- ,~ ~~ / "f/ r ~ J `# THIS AGREEMENT made the 27th day of November , 1989, between the Village of Plainfield, a Municipal corporation, Will County, Illinois, (hereinafter referred to as "Village"), and Shirley Hintzsche and Robert Hintzsche, and Jean Seneca and Frank Seneca, (hereinafter collectively referred to as "Owners"), and Renwick Joint Venture, (hereinafter referred to as "Petitioner"). WHEREAS, the Owners are desirous of annexing the East 660 feet excepting the East 500 feet of certain real property to the Village upon terms and conditions set forth in this Agreement, all concerning the property specifically described in Exhibit "A" being an Annexation plat dated December 14, 1988, attached hereto and made a part hereof, such real property hereinafter being referred to as Exhibit "A", and WHEREAS, the Village desires to annex the Premises, and has, or will, through its Zoning 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 24, Sections 11-15.1-1 through 11- 15.1-5 of the Illinois Revised Statutes and agree as follows: -, _ ~ , ~~ 1. MUTUAL AGREEMENT. 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 to be performed the following covenants and agreements on their respective parts made, all subject to the terms and conditions hereinafter set forth. 2. ANNE%ATION. Within thirty (30) days from the date of execution of this Agreement by the parties hereto, the Owners shall file with the appropriate authorities of the Village, proper annexation petition or petitions required by law to accomplish the annexation of the East 660 feet excepting the East 500 feet of the Premises, (see "Legal Description", Exhibit "A") in accordance with Article 7 of the Illinois Municipal Code with the understanding and agreement of the parties now set forth herein. However, the Village shall not hereafter 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. 3. ZONING. The Premises, upon annexation pursuant to statute and ordinances in such cases made and provided and pursuant to requisite notice having been given, shall by proper ordinance after execution of this Agreement and annexation of the Subject Property to the Village, cause the subject property as set in Exhibit "A" 2 _ ii 1. ) ~-! ._- ,~ jif to be classified under the Zoning Ordinance of the Village as follows: the eastern 660 feet excepting the East 500 feet zoned for commercial use, similar to that use presently set forth in the Village's zoning code and described as B-3 and shall include all lesser commercial uses, set forth in B-1 and B-2 Districts. Such zoning shall survive the expiration of this Annexation Agreement and shall remain in effect unless or until the zoning of the property has been altered in accordance with law. 4. FARMING. After installation of said lines, Owners or their successors in title shall be permitted to farm the Right-of-Way parcel for as long as they continue to farm the subject property, without payment of any rental charge to the Village. 5. TAX REBATE. The Village shall rebate the increase in real estate taxes affecting the parcel to be annexed (see Exhibit "A") until such time as said acreage is developed by the Petitioner. Said rebate shall equal the difference between the assessed valuation established by the County of Will as an agriculture parcel, and the assessed valuation as an annexed Village of Plainfield parcel. The Village shall make said rebate payment to the owners upon their presentation to the Village of paid real estate tax bills. 6. AMENDMENT OF ANNEXATION AGREEMENT. Execution of this Agreement shall amend the terms of an Annexation Agreement between the Village and the Owners dated December 28, 1988. 3 7. 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 authorities of said Village and successor municipalities for a period of eleven (il) years from date of execution hereof and any extended time that may be agreed to by amendment. 8. WAIVER OF ANNERATION FEE. Village agrees to waive any annexation fees for the subject property. 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: FOR THE PETITIONER: Mary Latta Edward J. Welch Village President Attorney at Law TO: Village Hall Dommermuth, Brestal, 1400 Division Street Cobine & West, Ltd. Plainfield, IL 60544 123 Water Street, P.O. Box 565 Naperville, IL 60566-0565 WITH James B. Harvey Renwick Joint Venture COPY Attorney at Law 2211 York Road -- Suite 311 TO: McKeown, Fitzgerald, Oak Brook, IL 60521 Zollner, Buck, Sangmeister & Hutchinson 2455 Glenwood Avenue Joliet, IL 60435 4 S ~ ._ _ ! _ ;# _ V uE FOR THE OWNERS: Richard J. Selfridge Attorney at Law Selfridge & Selfridge 501 Division Street P.O. Box 246 Plainfield, IL 60544 Shirley Hintzsche 711 W. Renwick Road Plainfield, IL 60544 Jean Seneca 306 South Joliet Road P.O. Box 63 Plainfield, IL 60544 30. 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 not effect any of the provisions contained herein. IN WITNESS THEREOF, the parties hereto have hereunto set their 5 ';: - J hands and seals this ,~7~ day of ~t,~cvK=~~~-~ , 1989. VILLAGE OF PLAINFIELD OWNERS !" `~~ Vil la Px`~s dent Shirley intzsc e ,~ > '~ . ~ r f ~ ~ AI~R EST: . ~ ~ ~r~ ~ ~ , ~` ;' ,Village Cler Robert Hintzsch~e v rf-. Y 4 ~' .,~y ; i ~, "Q ~ 4h' ~ ~rJl/r~iE~.-~~. ~ t~ ' ,~ ~ .~ ~ ~. Jean Seneca C „ .;. ~~ <~ v ' ~, k ~J'-yam'... .,~-vc.~-~c'~-- Frank Seneca ~~ ~ r~~~c?~' ~~~ ~ ~~. Renwick Jo nt Vent re 112189VILLANN.AGREJW/la 6