HomeMy Public PortalAboutOrdinance 1206Y
CHAPTER 7
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ARTICLE 8
Sec. 8-102 AN ORDINANCE AUTHORIZING THE EXECUTION
OF A CERTAIN ANNEXATION AGREEMENT BETWEEN
THE VILLAGE OF PLAINFIELD, ILLINOIS, AND
JO ANN A. CHDBAR.
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 JO ANN
A. CHOBAR.
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 PLAINFZELD, AS FOLLOWS:
Sec. 8-102-1: That the President and Village Clerk are
hereby authorized and directed to execute
the aforesaid Annexation Agreement far
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herewith are hereby repealed.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 sha].1 be numbered as Ordinance No. 1206
PASSED this 20TH day of MARCH ,1989, with 6
members voting aye, 0 members voting nay, and with 0
members absent.
APPROVED this 20TH
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AGREEMENT
. TFFTS AGREEMENT, made and entered into this 20th
day of March , 19 89 _, by and between the VILLAGE
OF pLATNFIELD, an Illinois municipal corporation (hereinafter
referred to as "pLATNFIELD") and .
JoAnn A. Chobar
thereinafter collectively referred to as "OWNERS"):
W~ T N E 5 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
1,4 acres, is presently situatecl~within the unincor-
porated areas of the County of Will and is not yet adjacent and
contiguous to the corporate boundaries of pLATNFIELD; and,
WHEREAS, the SUBJECT REALTY is presently improved with
the following structures and uses:
Body Shop
Sport Shop/Sales
Lawn Mower Shop/Sales
and,
WHEREAS, the OWNERS and electors residing on the SUBJECT
REALTY are desirous bf annexing the SUBJECT REALTY to PLAINFIELD
pursuant to the terms and conditions hereinafter set forth; and,
- W~iEREAS, a Petition for Submittal of Question of Annexa-
tion.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 Y1linois Revised Statutes, 1987, Chapter
~q, 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 I11._inois
Revised Statutes, 1987, Chapter 24, 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-
Cory described therein, including the SUBJECT REALTY; and,
WHEREAS, should the Circuit Court of Will 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 10 of the Constitution of
the State of Illinois, 197, authorizes units of local government
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to contract with individuals, associations and cxorporations in
any manner not prohibited by law; and,
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 Z4, par. 11-15.1-1
et seq., Illinois Revised Statutes, 1987, as amended, and the
intergovernmental cooperation provisions of Article VII, Sec-
tion 1Q 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 the Zoning Board of Appeals of PLAINFIELD, upon
the matters covered by this Agreement; and,
WHEREAS, notice has heretofore been served on the Hoard
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 annexa-
tion and development of the SUBJECT REALTY, upon the terms and
conditions hereinafter set Earth, 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
(2/31 a£ the corporate authorities of PLAINFIELD then holding
office, a Resolution has heretofore been adopted authorizing
the execution of this Agreement.
NOW,THEREFORE, in consideration of 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 T
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,
198'7, Chapter 24, par. 7-1-2 et seq., the OWNERS agree to execute
the Petition fnr Submittal of Question of Annexation of Territory
to the Corporate Authorities of the Village of Plainfield, in
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substantially the form of Petition attached hereto as Exhibit "B"
which is, by this reference, incarporated herein.
ARTICLE III
' ~ ANNEXATION
' Subject to the provisions of Illinois Revised Statutes,
1987, Chapter 24, pars. 7-1-~ et seq., and subject to the Cir-
cuit Court of Will County entering an order directing the cor-
porate authorities of pLAINFI~LD 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
REALTY to be duly and validly annexed to PLAINFIELD.
ARTICLE IV
REZONING
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Within thirty (30) days after annexing the SUBJECT REALTY
as provided for in Article III above, PLAINFIELD will take all
necessary legislative act~ans to cause the SUBJECT REALTX to be
rezoned to the B-~ Highway Business District classification under
the PLAINFIELD Zoning Ordinance.
ARTICLE V
EXISTING USES AND STRUCTURES
Right to continue use. OWNERS, notwithstanding pLAIN-
FIELD'S zoning of the SUBJECT REALTY to the B-4 Highway Business
Zoning District, and any PLAINFIELD code or ordinance to the con-
trary may:
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A.~ Maintain and continue to use the SUBJECT REALTY
and all existing buildings and structures for
the uses to which they are now devoted; and,
B. 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 FLATNFIELD relating to special use per-
mits, planned unit development. 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
or pursuant to State or Federal requirements, and all amendments
to the PLAINFIELD codes, ordinances, rules and regulations re-
lating 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, or-
dinances, rules and regulations of PLAINFIELD relating to building,
housing and related restrictions affecting development of the
SUBJECT REALTY (other 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
modified or amended, on a general basis,so as to be applicable
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
requirements of State or Federal law. Except as may be spe-
cifically provided 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
or-
PROVISTONS: PLAINFIELD agrees that should any existing cads,
dinance, rule or regulation, including without limitation, those
codes, ordinances, rules and regulations governing the subject
matter of this AgreemE>_nt, 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 or more restrictive than the terms and pro-
visions of this Agreement, then the terms and provisions hereof,
under such circumstances, r:hall 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 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, PLATNFIELD 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 FLATNFIELD in accordance with
law.
Laterals and connection or tap-an fees shall be provided for
as follows:
1. At its own cost and expense, PLATNFIELD shall extend
three (3) sanitary sewer laterals to points immediately
adjacent to the SUBJECT REALTY.
2. If 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, PLATNFIELD
sha11 extend, at its own cost and expense, three (3)
water laterals to points immediately adjacent to the
SUBJECT REALTY.
3. All connection or tap-on fees shall be waived with
respect to three (3) connections to the water main
and three (3) connections to the sanitary sewer main.
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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, without lim-
itation, 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 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 yr the
Village of pLAINFTELD, as the same may be modified from tame to
time and applied to all storm water drainage conditions affect-
ing the SUBJECT REALTY, including storm water released from
tributary areas.
C. UTILITY EA5EMENT:~ UWNERS shall grant adequate ease~-
meats 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 PLATNFIELD.
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E. BUILDING PERI"IIT FEES: The building permit fees ap-
plicable 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. OTIiER FEES: .All other fees provided for by ordinance
and uniformly applied and collected in connection with the de-
velopment of property within the corporate limits of PLAINFIELD,
including all subdivision or planned unit development fees, shall
be applicable to the SUBJECT REALTY. The fees ar charges refer-
red tw in subparagraph F. shall be those fees and charges uni-
formly imposed by the Village of PLAINFIELD from time to time by
ordinance during 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 far title insurance raise this Agreeir-ent as
an objection to title, PLAINFIELD shall, if OWNERS, their succes-
cars 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 abjection.
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ARTICLE X-..
MISCELLANEOUS PROVI5ION5
A. NO'PICES: All notices hereunder shall be in writing and
must be served either personally ar by registered ar certified mail
ta:
1. PLAINFIELD at:
Village of Plainfield
1400 North Div:~sion Street
Plainfield, Illinois 60544
2. OWNERS at:
Jo Ann Chobar
412 West Newkirk Drive
Plainfield, Illinois 60544
3. To such other person or Place which any party hereto,
by its prior written notice, shall designate far no-
tice to it from the other parties hereto.
H. 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 twenty
(201 years from the date set forth in the first paragraph of
this Agreement.
C, SEVER.ABILITY: This Agreement is entered into pursuant
to the provisions of Chapter 24. Section 11-15.1-1 et seq.,
111inois 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 part or
portion of this Agreement, or any provision, clause, wording or
designation contained within this Agreement is held to be in-
valid 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.
p. ENFORCEAHILTTY: This Agreement sha11 be enforceable
in any court of competent jurisdiction by any of the parties here-~
to 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 Earth 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.
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.
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G. CAPTIONS AND PARAGRAPH HEADINGS: The captions and para-
graph headings incorporated herein are for convenience only and are
not part of this Agreement.
H. CONFLICT TN REGULATIONS:
.~r. 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 adopt such ordinances
as may be necessary to put into effect the terms and provisions of
this Agreement.
I. CHANGES TN REGULATIONS: Tt is understood and agreed, ex•-
cept as otherwise provided for herein, the Zoning, Subdivision Con-
trot, 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.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals on the day and year first above written.
VILLAGE OF PLAINFIELD, an Illinois
muni~ pal corporation,
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Description:
That part of the Northeast 1/4 of Section 22, and that part of the Northwest 1/4
of Section 23, .all in Township 36 North, Range 9 East of the 3d P. M., Plainfield
Township, Will County, Illinois, described as follows: Commencing at the
intersection of the Southerly right-of-way line of U.S. Highway Route 30 with the
Westerly right-of-way line of Lily Cache Road, thence Northwesterly along the said
Southerly right-of-way line of U.S. Highway Route No. 30, 1569.50 feet to the point
of beginning, thence Southwesterly parallel with the said Westerly right-of-way
line of Lily Cache Road, 400.00 feet, thence Northwesterly parallel with the said
Southerly right-of-way line of U.S. Highway Route Na. 30, 150.00 feet, thence
Northeasterly parallel with the said Westerly right-of-way line of Lily Cache Road,
400.00 feet to the said Southerly right-of-way line of U.S. Highway Route 30,
thence Southeasterly along the said Southerly right--of-way line of U. S. Highway
Route No. 30, 150.00 feet to the point of beginning.
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8. That the Petitioners request that the TERRITORY be
annexed to the Village of .Plainfield, Will County, Illinois.
9. That the Petitioners request this Court to submit
the question of annexation of the TERRITORY to the corporate author-
ities of the Village of Plainfield, Will County, Illinois.
WHEREFORE, your Petitioners respectfully pray as follows:
1. That this Court conduct a hearing on this petition
in accord-ante with Illinois Revised Statutes, 1987,
Chapter 24, par. 7-1-4.
2. That upon conclusion of said hearing and a finding
of the validity of this Petition, this Court submit
the question of annexation of the TERRITORY to the
corporate authorities of the Village of Plainfield,
Wi11 County, Illinois, in accordance with Illinois
Revised Statutes, 1987, Chapter 24, par. 7-1-5.
Respectfully Submitted,
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