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HomeMy Public PortalAboutOrdinance 1212R~-1$~8 _.., y.._ t.r , ~.. ,.. I _ ..-.~ V CHAPTER 7 ~ Q~ f.* ~£i ARTICLE 8 "" }` ~, _ , Sec. 8-101 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD, ILLINOIS, AND RODERICK F. BAKER, JR., OLGA L. BAKER AND RODERICK F. BAKER III. 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 RODERICK F. BAKER, JR., OLGA L. BAKER AND RODERICK F. BAKER III. 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. 8-101-1: 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 That all ordinances or parts thereof in conflict herewith are hereby repealed.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. 1212 PASSED this 20TH members voting aye, ~ members absent. AP~~OV~D, 'this +, esi nt t ~+ ~ ~~~ ~f ~~~~~~~~ day of MARCH ,1989, with 6 _ members voting nay, and wit~~ Village Clerk day o MARCH , 1989. 20TH i~ ri p~~! Z"~. ~~sy~ ., _ ,. R~~-1$388 l ~U L 1 :a ~: U 1/ 1 7/ u J _ ~ ~ s ~ i _ AGREEMENT THIS AGREEMENT, made and entered into this 20th day of March 1g 8g by and between the VILLAGE OF PLAINFIELD, an I1linnis municipal corporation (hereinafter referred to as "PLAINFIELD") and Roderick F. Baker, Jr., Olga L. Baker, and Roderick F. Baker III (hereinafter collectively referred tv as "OWNERS"); W~ T N E S S E T H: WHEREAS, OWNERS hold 1ega1 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 6 acres of vacant land used as vehicle storage and display lot lighted and graded; and approximately 1 acre with building 46' x 160' used as vehicle showroom, offices and rear portion of building used as mechanical repair and clean-up facilities, is presently situated within the unincorporated areas of the County of Wi11 and is not yet adjacent and contiguous tv the corporate boundaries of PLAINFIELD; and, WHEREAS, the SUBJECT REALTY is presently improved with the aforementioned structures and uses; and, WHEREAS, the OWNERS and electors residing on the SUBJECT REALTY are desirous of annexing the SUBJECT REALTY to FLAINFIELD pursuant to the terms and conditions hereinafter set forth; and, WHEREAS, a Petition far Submittal of Question of Annexation of Territory to the Corporate Authorities of the Village of Plainfield has or will be 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, if the Circuit Court of Will County determines 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, the Cir~ cui.~ Court will order the corporate authorities of PLAINFIELD to consider the question of annexation of the territory described there- in, including the~SUSJECT REALTY; and, WHEREAS, should the Circuit Court of Wi11 County order the corporate authorities of PLAINFIELD to consider the question of an- nexation 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 ccades of PLAINFIELD, except as the same may be modified herein; and, WHEREAS, Article VII, Section LO of the Constitution of the State of Illinois, 1970, authorizer units of local government to contract with individuals, associations and corpozations in any man-- ner not prohibited by law; and, WHEREAS, Illinois Revised Statutes, 1987. Chapter 24, par. 11-15.11 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 -2-- a~ matters pursuant to Chapter 24, par. 11 15.1--1 et seq., Illinois Revised Statutes, 1987, as amended, and the intergovernmental co- operation provisions of Article VII, Section 10 of the Constitution of the State of Illinois, 197Q; 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 P]',AINFIELD, upon the matters covered by this Agreement; and, WHEREAS, notice has heretofore been served on the Board of Town Trustees of _ ~~~i_ ~~~~ ~ 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 PI,p,zNFIELD, 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, WHEREAS, by a favorable vote of at least two--thirds (2/3) of the corporate authorities of PLAINFIELD then holding office, a Resolution has heretofore been adopted authorizing the execution of tha.s 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: . ~~~ "" ~ t]~VV. ARTICLE I INCORPORATION OF RECITALS The "WHEREAS" clauses set forth hereinabove are hereby incor- posted herein as substantive provisions of this Agreement as if fully set out. ARTICLE II PETITION Subject to the provisions of Illinois Revised Statutes,. 1987, Chapter 24, par. 7-1-~2 et seq., this OWNERS agree to execute the Peti- tioix foie Submittal of Question of Annexation of Territory to the Cor- porate Authorities of the Village of Plainfield, in substantially the form of Petition attached hereto as Exh~.bit "B" which is, by this reference, incorporated herein. ARTICLE III ANNEXATION Subject to the provisions of Illinois Revised Statutes, 1987, Chapter 24, pars. 7-1-2, et seq., and subject to the Circuit Court of Wi11 County entering an order directing the corporate authorities of PLAINFIELD to consider the annexation of the territory legally described in the Petition heretofore incorporated herein as Ex- hibit "B", said territory including the SUBJECT REALTY, the corporate authorities of PLAINFIELD will take all necessary legislative actsons to cause the SUBJECT REALTY to be duly and validly annexed to PLAIN-- FIELD. -4- ' ~ ARTICLE IV REZONING Within thirty (30) days after annexing the SUBJECT REALTY as provided .for in Article III above, pLAINFIELD will take all neces- sary legislative actions t© cause the SUBJECT REALTY to be rezoned to the B-4 Highway Business District classification under the PLAINFIELD Zoning Ordinance. ARTICLE V RELIEF FROM ZONING ORDINANCE At the time the SUBJECT REALTY is rezoned as provided for in Article IV above, PLAINFIELD will take all necessary legislative actions to cause the fallowing relief to be granted from the signage provisions of the PLAINFIELD Zoning Ordinance: A. Temporary Signage: To permit temporary signage not exceeding thirty-two (32) square feet of sign sur- face area/side on the SUBJECT REALTY. B. Free--Standing Signage; To permit two (2) free-stand- ing signs for each parcel (3) of the SUBJECT REALTY, said free--standing signs being permitted to be of a size and configuration equal to the existing free-- standing sign located at OWNERS' Ford dealership located within PLAINFIELD. C. Building Signage; To permit building signage upon the SUBJECT REALTY of a size and configuration equal to the existing building signage located at OWNERS' Ford dealership located within PLAINFIELD. -5- -•~ ARTICLE VI VILLAGE CODES ORDINANCES RULES AND REGULATIONS A. GENERAL PROVISIONS: All existing cades, ordinances, rules and regulations of PLAINFIELD relating to special use permits, planned unit development, site plan.agproval, subdivision controls, zoning and (load plains in effect as of the date hereof, except as varied, modified or amended by or pursuant to the terms and provisions of this Agreement, and except as amended by or pursuant to State or Federal requirements, and all amendments to the PLAINFIELD codes, ordinances, rules and regulations relating~to said matters adopted by PLAINFIELD pursuant to the terms of this Agreement, shall continue in effect insofar as they relate to the, development of the SUBJECT REALTY. All existing codes, ordinances, rules and regulations of PLAINFIELD relating to building, housing and related restrictions affecting development of the SUBJECT REALTY (other than these codes, ordinances, rules and regulations relating to the payment of fees tv PLAINFIELD which shall be governed by other provisions of this Agreement) in effect as of the date hereof shall continue in effect except to the extent that said codes, ordinances, rules and regula-~ tions are modified or amended, on a general basis so as to be ap- plicable to all property situated within PLAINFIELD, to conform them to additions or amendments to National or State codes that have been adopted by PLAINFIELD or to otherwise conform them to the re- quirements of State or Federal law. Except as may be specifically provided herein, the terms and provisions of this Agreement shall -6- .: ~ ~.,., Rig-1838 supersede any and all provisions of existing PLAINFTELD codes, ordin- ances, rules and regulations which may be in conflict with said terms and provisions. B. .INCONSISTENT AND MORE RESTRICTIVE AMENDMENTS AND PRO- VISIONS: pLAINFIELD agrees that should any existing code, ordinance, rule or regulation, including without limitation, those codes, or- dinances, rules and regulations governing the subject matter of this Agreement, which may relate to the annexation, zoning or subdivision of the SUBJECT REALTY and to the use of improvements, buildings and, appurtenances on the SUBJECT~REALTY and to all other development of any kind or character on the SUBJECT REALTY, be hereafter amended or interpreted in any way that is inconsistent with or more restrictive than the terms and provisions of this Agreement, then the terms and provisions hereof, under such circumstances, shall constitute law- fully authorized, approved and binding amendments to the terms of any such inconsistent or more restrictive code, ordinance, rule or regulation as it relates to the SUBJECT REALTY. ARTICLE VII EXTENSION OF PUBLIC WATER AND SANITARY SEWER At its own cost and expense, and within two (2) years after the annexation of the SUBJECT REALTY, pLAINF'TELD shall engineer and cause to be extended a water main and sanitary sewer main. of suf- ficient capacity to serve the SUBJECT REALTY. If such mains are not available to serve the SUBJECT REALTY within said two (2) year period, OWNERS shall have the right to have the SUBJECT REALTY disconnected from PLAINFTELD in accordance with law. ,~ Laterals and connection or tap~on fees shall be provided far as follows: 1. At its own cast and expense, pLAINFIELD shall, extend eix (6) sanitary sewer laterals to points immediately adjacent to the SUBJECT REALTY. After .PLAINFIELD approves the final engineer- ing for said sanitary sewer mains and laterals, and upon request of OWNERS, PLAINFIELD shall define the location of said laterals, including specific elevations. 2. If the water main a.s not located in that .portion of right-of-way located between the property line of the SUBJECT REALTY and the street pavement. PLAINFIELD shall extend, at its own cast and expense, six-~~~(b) water laterals to points immediately adjacent to the SUBJECT REALTY. 3. All connection or tap-on fees shall. be waived with res- pect to six (6) connections to the water main and six (6) connec- tions to the sanitary sewer main. ARTICLE VIII 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,withaut 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 _g_ ;. ~.; R~9 ~- 1 ~3~8 subdivide any portion of the SUHJECT REALTY or change or alter any existing use ox structure, then 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 govern- ment, the County of Will or the Village of P1,p,INFIELD, 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. C., UTILITX' EASEMENTS: OWNERS shall grant adequate easements. and rights-of-way for a water main ,and/or a sanitary sewer main as shall be deemed necessary by both Owners and Plainfield. D. ANNEXATION FEES: OWNER5 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. F. OTHER FEES: All other fees provided for by ordinance and uniformly applied and collected in connection with the develop- ment of property within the corporate limits of PLAINFIELD, including all subdivision or planned unit development fees, shall be applicable to the SUHJECT REALTY. The fees or charges referred to in subpara- graph F. 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. _g- `~ .";' '-; ARTICLE IX RECORDATION R~~-~8~8 The parties agree to do all things necessary to cause this Agreement to be recorded iM the Office of the Recorder of Deeds, Will County, Illinois. Should any title insurance company issuing cvmmi.tments for title insurance raise this Agreement as an objection to title, PLATNFIELD shall, if OWNERS, their successors and assigns have complied in all respects with the terms of this Agreement, exercise its best efforts to secure the waiving of this Agreement as a title objection. ARTICLE X MISCELLANEOUS PROVISIONS A: NOTICES: All notices hereunder shall be in writing and must be served either personally or by registered or certified mail to: 1. PLATNFIELD at: Village of Plainfield 1400 North Division Street Plainfield, Illinois 60544 2. OWNERS at: Roderick F. Baker Jr. and Roderick F. Baker III Olga L. Baker Jr. 11349 S. Flainfield/Naperville Rd, 2775 South Washington St. Flainfield, IL 60544 Naperville, IL 60565 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, suc- cessor owners of record of the SUBJECT REALTY, their assigns, lessees -10- `` R~-1838 and upon arty successor municipal authority of PLAINFIELp and successor municipalities, for a period of twenty (201 years from the date set forth in the first paragraph of this Agreement. C. SEVERABILITY: This Agreement is entered into pursuant to the provisions of Chapter 24, Section 11-15.1-1 e-t seq., I11~„ ins Revised Statutes, 198', as amended, and the provisions of Article VII, Section l0 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 Agree- ment, or any provision,~clause, wording or designation contained within this Agreement.is held tv 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 successozs, assigns, heirs, devisees and per- sonal representatives, agrees that the warranties and recitals set forth in the preamble to this Agreement are material to this Agree- ment, 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. -11-- ~. ~g-1838 F. GENDER: Unless the provisions of this Agreement other- wise 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 para- graph headings incorporated herein are fox convenience .only and are not part of this Agreement. H. CONFLICT IN REGULATIONS: #,. The provisions of this Agreement shall supersede the pro- visions of any ordinances, codes, policies or regulations of PLAIN-- FIELD 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 adapt such ordinances as may be necessary to put into effect the terms and provisions of this Agreement. T. 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 or- dinances, 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. J. OTHER PROVISIONS: Vehicle License Fees: OWNERS shall be exempt from the requirements of purchasing PLAINFIELD vehicle tags far the following vehicles: --12- ~~ ~. R9_~~3~8 1. Vehicles kept for rental in the operation of a car rental business; and, 2. New ~~a77nd used Vehicles ept for resa e. K. EXISTING ZONING, USES AND_STRUCTURES Ri ht to continue use. OWNERS, notwithstanding PLAINFIELD'S zoning of the SUBJECT REALTY to the B-4 Highway Business Zoning Dis- trio, and any PLAINFIELD code or ordinance to the contrary rnay: 1. Use the SUBJECT REALTY for any of the uses now or hereafter permitted in any Business District classification under the PLAINFIELD Zoning Ordinance, 2. Maintain and continue to use the SUBJECT REALTY and all existing buildings, structures and signs for the uses to which they are now devoted; and 3. Restore any buildings, structures or signs following damage, destruction or a period of non-use. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written. „~~ V~~ a1 ~, a, ~ . r,. ,, l ;m% i i (i ws ~ ~ Vi- ;la e, e r VILLAGE OF PLAINFIELD, an Illinois municipal corporation, ~` ~' BY: l~ Presi en °~' ~ ~' A~ -13- i ~ / ~ Y'~ f ~zG G ~ CCU { /C J L T~_ ~~. Description: Parcel l: That part of Lot 150 and also that part of the Southwesterly end of Lot 151 situated in the rear of and adjoining the aforesaid Lot 150 in Lily Cache a Subdivision in Sections 22 and 23, fn Township 36 North, and in Range 9 East oP the Third Principal Meridian, according to the Plat thereof recorded August 7, 1922 in Plat Book 17, page $4 as Document No. 346$01, and also that part aP said Sections 22 and 23 described as beginning at a point on the Southeasterly line of said Lat 150, a distance of 125 feet Northeasterly of the Southeast corner of said Lot 150; thence Northwesterly 155 feet parallel with the Southwesterly line of said Lot 150; thence Southwesterly 125 feet parallel with the Southeasterly line of said Lot 150 and to the Northerly right of way line of Lincoln Highway also known as United States Route 30; thence Northwesterly 58 feet along the Northwesterly prolongation of the Southwesterly line of said Lot 150; thence Northeasterly 200 feet parallel with the Southeasterly line of Lot 150; thence Southeasterly 149.66 feet parallel with the Southwesterly line of said Lot 150. and to the Northwesterly line of said' Lot 151; thence Southerly 6.02 feet along a Westerly line of said Lot 151; thence Southeasterly 60.15 feet to an Easterly corner of said Lot 151; thence Sauthw~sterly 40.60 feet along a Southeasterly line of said Lot 151; thence continuing Southwesterly 25 feet along the Southeasterly line of said Lot 150 and to the point of beginning, in Will County, Tllinois. Parcel II: That part of the East half of the Northeast quarter of Section 22; the West half of the Northwest quarter of Section 23 and Lot 151 in Lily Cache Subdivision in Sections 22 and 23; all in Township 36 North, Range 9 East of the Third Principal Meridian, Plainfield Township, described as follows: Commencing at the intersection of the Northerly right of way line of United States Highway Route No. 30, with the West line of the said East half of the Northeast quarter; thence South 41 degrees 18 minutes East along the said Northerly right of way line of United States Route No. 30, 1304.89 Peet to the paint of beginning; thence continuing South 41 degrees 18 minutes East along the said Northerly right of way line of United States Highway Route No. 30, 408.00 feet; thence North 48 degrees 42 minutes East 200.00 feet; thence South 41 degrees 42 minutes East 149.16 feet, thence South 14 degrees 45 minutes West 6,90 Peet; thence South 37 degrees 04 minutes East 60.0$ feet to the Westerly line of McClellan Avenue in said Lily Cache Subdivision; thence North 3 degrees 52 minutes East along the Westerly line of McClellan Avenue, 557.65 feet; thence North 86 degrees 08 minutes West 321.17 feet; thence South 48 degrees 42 minutes West 358.87 feet to the paint of beginning, all in Will County, Illinnis. Parcel III: That part of the East half of the Northeast quarter of Section 22, Township 36 North, Range 9 East of the Third Principal Meridian, described as follows: Corarnencing at the intersection of the Northerly right of way line of United States Highway Route Na. 30 with the West line of the said East half of the Northeast quarter, thence South 41 degrees 18 minutes East along the said Northerly right of way line of United States Highway Route No. 30, 1206.89 feet to the point of beginning, thence continuing South 41 degrees 18 minutes East slang the said Northerly right of way line oP United States Highway Route No. 30, 98.00 feet, thence North 48 degrees 42 minutes East, 358.87 feet, thence North 3 degrees 52 minutes East 139.00 feet, thence South 48 degrees 42 minutes West 457.44 feet to the paint of beginning, in Will County, Illinois. -3-- l~ . ~ ~r . + ~3. - ~r: p ~ ~., ' ~~ ~ II 8 0 ~ e ~. ~. ~ __ ~+~~ ~ _ A r ~ ~ Il6 __ r 6~ ~ r I ~ xx/R ldl. \ ti yet.. ~ ~'[ ,t ~ i •~ ~~ it Y ~ ~ I'+ ~ r L { ~ '' W _~ ~-~ _ < ~, , o~ .- n~§ ~~~ •' ..~a } \,`` ~'Qt v~~ "/~~v~~~,'~.. {~~1+ ~ ,. i /y ~ ~4 ~ywp " ~ Chid - ...... .. ,u,rx ~' r\~9~~ ~ _.. ~ 'k1.. fir. 9(. `, ti ~I~ ~ ` Ja ± ~ y ~, ,~~ dpi ^_ ~.lr ~ ~~ j.`~C/ _r}pYyryr ~; ~w I d • A ~~.~~~cN`~~ CdR, f k~ 2~ i ~ !~ P~ /' -r-- ' < ~ ~ ~ ~ ... 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