HomeMy Public PortalAboutOrdinance 1209CHAPTER 7
ARTICLE $
Sec. 8-9$ AN ORDINANCE AUTHORIZING THE EXECUTION
DF A CERTAIN ANNEXATION AGREEMENT BETWEEN
THE VILLAGE OF PLAINFTELD, ILLINOIS, AND
BERNARD J. HAVES, DOUGLAS E.HAYES, THOMAS
L. HAVES AND MICHAEL L.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. HAVES, DOUGLAS E.HAYES, THOMAS L. HAVES AND
MICHAEL L. HAVES.
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, SE IT ORDAINED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FOLLOWS:
Sec. 8-98-1: 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herewith are hereby repealed.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. 1209
PASSED this ___2QTH,~_
members voting aye, -__0 ,~
members absent.
APPROVED this ~ QTH
ATT~S
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4illage C1 rk
day of MACH ,1989, with 6
_ members vot' 'nay, and with 0
Villa C rk
.,,,,,_ day of RC 1989.
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]'1GRLI:Mf:NT
TI}IS AGRHf•:MENT, made and entered into Phis 20th
dr+y of March , 19 89 , by and between the VILI.IIGL
Of" P.LAIt~F1EY,U, ari 111inois municipal. corporation (hereinafter
x•efct-red to as "PLAINFIELD") and Bernard J. Ha s
Hayes, Thomas L. Ha es.and M' heal
(hereinafter collectively referred to as "OWNERS")t
W~ T N E S SET H:
WHF,REAS, OtVNERS hold legal and equitable title tv the
property legally de$cribed on Exhibit "A" attached hereto and
by this reference, incorporated herein (hereinafter sometimes
referred to as the "SUBJECT REALTY")s and,
WHEREAS, the SUBJECT REALTY consists of approximately
1.5 acres, is presently situated within the unincor-
posted areas of the County of Will and is not yet adjacent and
contiguous to the corporate boundaries of pLAINFIELD= and,
Wf}EREAS, the SUBJECT REALTY is presently improved with
the following structures and uses:
Restaurant wit: liquor license.
and,
W1iERCASr the OWNERS and electors residing on the SUBJECT
RL:71T..TY are desirous of annexing the SUF3JECT REALTY to PL11IN~'I}:,LU
pursuant to the terms and conditions hereinafter set forth; and,
h111ER~A5, a Petition for Submittal of 4uestion of Annexa--
Lion of Territory to the Corporate Authorities of the Village of
Plainfield hair or will be filed with the Circuit Court Clerk of
Will County. pursuant to Illinois Revised Statutes, 7.987, Chapter
24, pars. 7-1-2 et seq.; the territozy legally described within
said petition including the SUBJECT REALTXf and,
WfiEREAS, if the Circuit Court of Will County determines
that said petition is valid and that the requirements of 111 ~s
Revised Statutes, 1987, Chapter Z4, pars. 7-1~2 et seq. have been
met, the Circuit Court will order the corporate authorities of
PLAINFIELD to consider the question of annexation of the terri-
tort' described therein, including the SUBJECT REALTY; and,
WHEREAS, should the Circuit Court of Wi11 County order
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 here-
in; and,
WHEREAS. Article VII, Section 1U of the Constitution of
the State of Illinois, 1970, authorizes units of local government
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to canticact with individuals, associations and corporations in
any manner not prohibited by law; and,
WHEREAS, Illinois Revised Statutes 1967,~Chapter 24,
par. 11_1,5.1_1. authorizes the corporate authorities of any
municipality to enter into. an agreement with one or more of the
owners of recard 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 intergovern-
mental 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 PI,AINFTELD, upon the
matters covered by this Agreement; and,
WHEREAS, notice has heretofore been served on the Board
of Tvwn Trustees of ~~-+ , r, ~~:~_ ~' ~ ~~ __ 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,
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WkiCREAS,. the corporate authorities of pL11INFIELD, after
due and caxeful consideration, have concluded that the annexa-
tion and development of the SUBJECT REALTY, upon the terms grad
conditions .hereinafter set forth. would further the growth of
PLAINFIELD and enable PLAINFIELD to control the development of
tkre area and serve the best interests of PLAINFIELD; and,
WkiEREAS, by a favorable vote of at ].east two-thirds
(2/3) of the corporate authorities of PLATNFIELD then holding
office, a Resolution has heretofore been adopted authorizing
the e:cecution of this Agreement.
NOW,THEREFORE, in consideration o£ the foregoing prem-
ises and in further consideration of the mutual covenants, con-
ditions 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
PETITION
Subject to the provisions of Illinois Revised Statutes,
l9$7, Chapter 2q, par. 7-1-2 et seq., the OWNERS agree to execute
the Petition for Submittal of Question of Annexation of Territory
to the Corporate Authorities of the Village of Plainfield, in
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substantially the farm of Petition attached hereto as Exhibit "B"
which i$, by this reference, incorporated herein.
ARTICLE III
• ANNEXATION
subject tv the provisions of I].linvis Revised Statutes,
1987, Cktapter~24, pars. 7-1-2 et seq., and subject to the Cir-
cuit Court of Will County entering an order directing the cor-
porate authorities of PLAINFIELD to consider the annexation of
the territory legally described in the Petition heretofore in-
corporated 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
REALTX to be duly and validly annexed to PLAINFIELD.
ARTICLE IV
. REZONING
Within thirty (3p) days after annexing the SUBJECT REALTY
as provided far in Article III above, PLAINFIELD will take all
necessary legislative actions ±v cause the SUBJECT REALTY tv be
rezoned to the B-4 Highway Business District classification under
the PLAINFIELD Zoning Ort'inance.
ARTICLE V
EXISTING USES AND STRUCTURES
Ri ht to continue use'. OWNERS, notwithstanding PLAIN-
FIELD'S zoning of the SUBJECT REALTY to the H-4 Highway Business
Zoning District, and any PLAINFIELD code or ordinance tv the con-'
trary may:
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11. hlaintaa.n and continue to use the SUBJECT. REALTX
and all. existing bui.ld.ings and structures for
the uses to which they are now devoted; and,
p. Restore any buildings or structures .following
damage, destruction or a period of non-use.
ARTICLE VI
VILLAGE CODES ORDINANCES RULES AND REGULATIONS
A.~GENERAL PROVISIONS: All existing codes, ordinances,
rules and regulations of PLAINFIELD relating to special use per
mits, planned unit Bevelopment, site plan approval, subdivision
controls, zoning and flood plains in effect as of the date here-
of, except as varied, modified or amended by or pursuant to the
terms and provisions of this Agreement, and except as amended by
ar pursuant to State or Federal requirements, and all amendments
to the PLAINFIELD codes, ordinances, rules and regulations re-
lating to said .matters adapted 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, or-
dinances, rules and regulations of PLAINFIELD relating to building,
housing and related restrictions affecting development of the
SUBJECT REALTY tether than those codes, ordinances, rules and
regulations relating to the payment of fees to 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 ex-
tent that said codes, ordinances, rules and regulations are
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eneral basis so as to be applicable
modified ar amended, on a 9
to all property situated within PLAINFIELD- to conform them to
additions or' amendments to National or State codes that have
been adapted .by PLAINFIELD, or to otherwise conform diem to ttie
requirements of State oz Federal law. Except as may be spe-
cifically pruvided herein, the terms and provisions of this
Agreement shall supersede any and all provisions of existing
PLAINFIELD codes, ordinances, rules and regulations which may
be in conflict with said terms and provisions.
B. INCONSISTENT AND MORE RESTRICTIVE AMENDMENTS AND
existing code, ar-
PROVISICNS: PLAINFIELD agrees that should anY
dinance, rule or regulation, including without limitation, those
codes, ordinances, .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 SUB-
JECT REALTY, be hereafter amended or interpreted in anY way that
is inconsistent with ar more restrictive than the terms and pro-
visions of this Agreement, then the terms and provisions hereof,
under such circumstances, shall constitute lawfully authorized,
approved and binding amendments to the terms of any such incon-
sistent or more restrictive code, ordinance, rule or regulation
as it relates to the SUBJECT REALTY.
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ARTICLE VIA
EXTENSION OF PUBLIC WATER AND SANITARY SEWER
At its own cost and expense, and within twa (Z) years after
the annexation of the SUBJECT REALTY, PLAINFTELb shall engineer
and cause to be extended a water main and sanitary sewer main of
sufficient capacity to serve the SUBJECT REALTY.
Tf 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 PLAINFIELD in accordance
with law.
Laterals and connection or tap-on fees shall be provided
for as follow:
1. At its own cost and expense, PLAINFIELD shall extend
a .sanitary sewer lateral to a point immediately ad-
jacent to the SUBJECT REALTY.
2. Tf the water main is not located in that portion of
right-of--way located between the property line of
the SUBJECT REALTY and the street pavement, PLATNFTELD
shall extend, at its own cost and expense, a water
lateral to a point immediately adjacent to the
SUBJECT REALTY.
3. All connection ar tap-on fees shall be waived with
respect to the connection to the water main and the
connection to the sanitary sewer main.
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ARTICLE VIII Y
GENERAL PROVISIONS
A. GOVERNMENTAL APPROVAL: PLAIN~'IELD agrees to use
its best ef~~orts 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 lim-
itation, the Illinois Environmental Protection Act, for the
purpose of permitting development of the.SU~3JEGT REALTX.
B. STORM WATER DRAINAGE DETENTION AND MANAGEMENT: At
such time as OWNERS, their successors ar assigns, elect to de-
velop or subdivide any portion of the SUBJECT REALTY or change
or alter any existing use or structure, then storm water drain-
age, 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 affect-
ing the SUBJECT REALTY, including storm water released from
tributary areas,
C, UTILITY EASEMENT: OWNERS shall grant adequate ease-
menu 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.
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E. BUILDxNG PERMIT FEES: The building permit fees ap-
livable to all construction on the SUBJECT REALTY shall be th°Se
p
charged by PLATNFIELD pursuant to ordinance, as the same may be
modified from time to tinny.
rovided for by ordinance
~,. 0'fl~ E_~ DES: A11 other fees p
and uniformly appli-ed and col~.ected in connection with the de-
velopment of property within the corporate lima.ts of pLAINFIELD,
including alX subdivision or planned unit development fees, shall
be applicable to the SUBJECT REALTY. The fees ar charges refer-
red to an .subparagraph F. shall be those fees and charges una~
formly imposed by the Village of PLATNFIELD from tame to time by
ordinance dozing the term of this Agreement.
ARTICLE IX~~
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 insurance company
issuing commitments for title insurance raise this Agreement as
an objection to title, PLATNFIELD shall. if OWNERS, their succes-
sors 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.
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ARTICLE X::
MISCELLANEOUS PROVISIONS
A. NOTE S: Al.l notices .hereunder shall. be an writing and
must be served dither personally or by registered or certified mail
to:
1. pLAINFTELD at;
Village of plaa.nfield
1400 North Division Street
Plainfield, Illinois 60544
z. OWNERS at:
3. To such other person or place which any party hereto,
by its Pit fromithenothercpartieslhereto~ate for no-~.
t~.ce to
S. BINDING EFFECT TERM AND AMENDMENT: This Agreement
shall be banding upon and inure to the benefit of the parties
beret=o, successor owners of a:ecord of the SUBJECT REALTY, their
assigns, lessees and upon any successor municipal authority of
PLAINFTELD and successor municipalities, for a period of twenty
(20) years from the date set forth in the first paragraph of
this Agreement.
C. SEVERABTLITY: 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
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a public hearing upon this Agreement. In the event any p
p4ztiori of this Agreement, or any provision, clause, wording of
designation contained within this Agreement is held to be in-
valid by ar~y•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 poztions thereof.
p.• ENFORCEABILITX: This Agreement shall be enforceable
in any. court of competent jurisdiction by any of the parties here-
to by any appropriate action at law ar in equity to secure the
performance of the covenants coi~.tained 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 sha11
continue during the team of this Agreement.
g. 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 plate].; and words imparting the plural shall include
the singular.
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G. CAPTIONS AND PARAGRAPH IIgADINGS: The captions and
p~zagraph headings incorporated herein are far convenience only
and are not part of this Agreement.
fi. CONFLICT IN REGULATIONS:
1. The provisions of this Agreement shall supersede the
rovisions of any ordinances, codes, policies oz regulations of
P
PLAINFxELD which may be in conflict with the provisions of this
Agreement.
. ~. Pursuant to the requirements of statute. the corporate
authorities of the Village of pLAINFTELD shall adopt such ordin-~
ances as may be necessary to put into effect the terms and pro-
visions of this Agreement.
I. CHANGES IN REGULATIONS: It is understood and agreed,
Subdivision
except as otherwise provided for herein, the Zoning.
ntrol, Planned Unit Development. Building Code and all other
Co
ardinances- including all fees and charges of pLAINFIELD, shall
not be frozen during the term of this Agreement, and such ordin-
ances, as the same may from time to time be amended and enforced
throughout the Village of PLAINFIELD- shall apply to the SUBJECT
REALTY.
,7. OTHER PROVI5IONS: Liquor License: Notwithstanding
the provisions of Article V to the contrary, the parties under-
stand that this Agreement, as a matter of law, cannot guarantee
the issuance of a liquor license. However, it is the intention
of PLAINFIELD ta- if necessary. Promptly create an appropriate
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liquor license for issuance to OWNERS. Upon application and after
passage of normal background checks, it is the intention of the
PLAINFIELD Village President to issue said license to OWNERS.
If such .liquor license is nat issued to pWNERS in due
course, OWNERS shall have the right to have the SUBJECT REALTY
disconnected from pLAINFIELD in accordance with law.
IN WITNESS WHEREOF. the parties hereto have hereunto set
their hands and seals vn the day and year first above written.
` ATT T
_ Vi lage Cle.
VILLAGE OF PLATNFIELD, an xllinvis
munici a corporativ ,
BY : ~ .
Pr s e .
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OWNER ~`
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OWNER ~,,.
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Description:
That part of the Southwest Quarter of the Northwest Quarter described as follows:
Commencing at the Southwest corner of said Northwest Quarter, thence East slang
the South line of said Northwest Quarter, 98.35 feet to the center of Highway,
thence North 27 degrees East slang said center line 327.18 feet to a point, thence
South 62 degrees 20 minutes East 203.94 feet to a point, being the place of
beginning; thence South 59 degrees 11 minutes. East 1B1 feet to a point, thence
North 29 degrees 21 minutes East 203 feet to the center of the Lincoln Highway
(U.S. Highway Route 30) thence North 61 degrees West along said center line 164
Peet to a paint, thence South 27 degrees 46 minutes West 199.6 feet to the paint oP
beginning, in Section 23, in Township 36 North, and in Range 9 East of the Third
Principal Meridian, in Will County, Illinois.
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CHAPTER 7
ARTICLE 8
Sec. 8-98 AN ORDINANCE AUTHORIZING THE EXECUTION
OF A CERTAIN ANNEXATION AGREEMENT BETWEEN
THE VILLAGE OF PLAINFIELD, ILLINOIS, AND
BERNARD J. HAYES, DOUGLAS E.HAYES, THOMAS
L. HAVES AND MICHAEL L.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. HAVES, DOUGLAS E.HAYES, THOMAS L. HAVES AND
MICHAEL L. HAVES.
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. 8-98-1: 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. 189
PASSED this _ 2OTH_ day of MAACH__,1989, with 6
members voting aye, „_, 0 members vot' nay, and with 0
members absent. ~ ~ ~, ~
Village C1~:rk
APPROVED this 20TH
r.TT~S
L~.~ ~ /
Village C1 rk
day Of RC , 1989.
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