The URL can be used to link to this page

Home My Public Portal AboutOrdinance 1205~~-~~~ r ~r-~~- -- „~~ „~ ~~< - F -' CHAPTER 7 ~ ARTICLE 8 f _ ~l Sec. 8-97 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD, ILLINOIS, AND FIRST MIDWEST BANK/ILLINOIS NATIONAL ASSOCIATION OF JOLIET AS TRUSTEE UNDER TRUST AGREEMENT DATED JANUARY 16, 1989, AND KNOWN AS TTtUST #5226 AND #5227. 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 FIRST MIDWEST RANK/ILLINOIS NATIONAL ASSOCIATION OF JOLIET AS TRUSTEE UNDER TRUST AGREEMENT DATED JANUARY 16, 1989, AND KNOWN AS TRUST #5226 AND #522'1. 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. 8-97-1: 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 That al7_ ordinances or parts thereof in conflict herewith are hereby repealed.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. 1205 ____ PASSED this 20TH members voting aye, ~ 0 members absent. day of MARCH ,1989, with ~ --~_ members v wing nay, and with 0 ~~ Village Clerk ARRRObL~i this 20TH day of resident ~~ 1989. ~G t::?' l W t~.:~ h) ~~~~~~ ~ ~~~.1~ ~~~~ ~ ~~ ~ I~.~lSf~n 02/10/89 ~9"" ~ ~~~~ -~ ANNEXATION AGREEMENT This Agreement made th~.s 20th day of March , 198 between the VILLAGE OF PLAINFIELD, a Munica.pal Corporation, Will County, Illinois hereinafter referred to as "Village", and BRUCE McMULLIN, sole beneficiary of FIRST MIDWEST BANK/ILLINOIS referred to as "Owner". WHEREAS, FIRST MIDWEST BANK/ILLINOIS, NATIONAL ASSOCIATION of Joliet, Illinois, a~ Trustee under Trust Agreement dated January 16, 1989 and known as Trust Number 5225 is the record owner of certain property as described in Exhibit "A" attached hereto and made a part hereof and of which Trust Agreement Bruce McMullin is the sole beneficiary thereof; and WHEREAS, FIRST MIDWEST BANK/ILLINOIS, NATIONAL ASSOCIATION of Joliet, Ill~.nois, as Trustee under Trust Agreement dated January 15, 1989 and known as Trust Number 5227 is the record owner of certain property as described a.n Exhibit "B" attached hereto and made a part hereof and of which Trust Agreement Bruce McMullin is the sale beneficiary thereof; and WHEREAS, the Owner desires to annex said real property described in Exhibits "A" and "B", said property totalling 100.50 acres, to the Village upon the terms and conditions set forth in this Agreement; and WHEREAS, the Village desires to annex the premises described in Exhibits "A" and "B", 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 R~ -- ~ 5 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 Owner, in consideration of the mutual agreements herein contained, the sufficiency of which is hereby acknowledged, agree that, from and after the execution of this Agreement, they w~.ll perform or a7.1.ow to be performed the following covenants and agreements on their respective parts made, all subject to the terms and conditions hereinafter set forth. 2. ANNEXATION. EXHIBITS "A" and "B"• Immediately upon execution of this Agreement by the parties hereto, the Owner agrees to have on file with the appropriate authorities of the Village, proper annexation petition or petitions required by law to accomplish the annexation of all of the premises in Exhibits "A" and "B" in accordance with Article 7 of the Illinois Municipal Code with the understanding and agreement of the part~.es now set forth herein that the Village shal.7, not adopt and pass any ordinance annex~.ng the premises described in Exh~.ba.ts "A" and "B" or any portion ~~ _ ~ R9-~S~B thereof unless the prem~.ses described in Exhibits "A" and "B" 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. BUSINESS: Upon annexation and necessary hearings before the relevant governmental bodies having taken place pursuant to statute and ordinances in such cases made and provided and pursuant to requisite not3.ce having been given, by proper ordinance after execution of this Agreement and annexation of the premises described i.n Exhibit "A" and in Parcel I of Exhibit "B", the Village shall cause said premises to be classifa~ed under the Zon~.ng Ordinance of the Village as now provided "B-3" and shall include a17. 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 the Owner and the Vil~.age agree to alter same in accoacdance with law. RESIDENTIAL: Upon annexation and necessary hearings before the rrelevant governmental bodies having taken place pursuant to statute and ordinances in such cases made and provided, and pursuant to requisite notice having been given, by proper ordinance after execution of this Agreement and annexation of the premises described in Parcel II of Exhibit "B", the Village shall cause said premises to be classified under the Zoning Ordinance of the Village as "Residence A District" for single family residential, or the equivalent, with minimum lot sizes of at „~ R~9-~ ~ 832 least 12,000 square feet per lot. Such zoning shall survive the expiration of this Annexation Agreement and shall remain in effect unless the Owner and the Village agree to alter same in accordance with law. 4. AGRICULTURAL USE. At the present time, it is understood that the current use w~ Ex~~ ~,~f ~ of the property described in Exhibit "A"/ is agricultural under the County zoning laws, and it is understood and agreed that subsequent to any annexation of said parcel as above mentioned the Owner may continue using said premises as agricultural, as such use is permitted under the County Zoning Ordinance until the issuance of construction permits for the uses contemplated within this Agreement. 5. UNIT PLATTING. The parties acknowledge that the development of the subject premises may occur in discrete phases. The V~.11age agrees to permit the Owner or subsequent Owner/Developer to plat and develop the premises in consecutive units. The Village shall hear and consider such plats as parovided by law. fi. WATER-SEWER SERVICE. The Village shall grant unto Owner or his successoars, one (1) single family residential connection to any water main and one (1) connection to any sewer main that the Village installs without requirement of the applicable tap-on fee or other connection charges at the time of connection, -. .,~ ~~.9-1$~S2 7. WATER WELLS. The Village agrees to permit the Owner to construct water wells for the purpose of providing (a) on a temporary basis water supply for any buildings, (b) water for irrigating landscaped areas and (c) for the creation and use for ponds and lakes, until such Village water service is made available. 8. SEPTIC TANKS. The Village agrees to permit the Owner to install approved septic tanks or holding tank systems for sanitary use on a temporary basis for any buildings and facilities constructed, until such Village sanitary sewer sea~vice is made available, it being understood that such septic systems shall be discontinued upon the availability and connection thereto of such parcel to the Village sanitary sewer system. 9. TAX ABATEMENT. The Village hereby agrees to rebate to the Owner the amount of real estate taxes assessed for the parcels described :fin Exhibits "A" and "B" until such time as said paroels are sold or developed by the Owner. Said rebate shall equal the difference between the assessed valuation established by the County of Will as an agricultural parcel, and the assessed valuation as an annexed Village of Plainfield parcel. The Village shall make sa~.d rebate payment to the Owner upon presentation to the Village of paid real estate tax bi1.].s. Rig-I8 10. PERFORMANCE BY VILLAGE. The Owner does hereby enter into this Agreement based on the representation and commitment that the Village of Plainfield, and its duly elected officials, will hereafter use their best efforts to provide to the subject property those village services consisting of san~,tary sewer and water sufficient to supply the developmental needs of the entire property based on the intended residential and commercial usages which are provided for by this Agreem~±nt. Said water and sewer mains shall be constructed and insta7.led along the northerly boundary of the subject property witha.n the right-of-way of Renwick Road. ll. OTHER FEES. Except as otherwise provided in this Agreement, the Village agrees that any fees assessed for building permits, plan review, inspection fees, and other regulatory fees or charges associated with construct~.on and development, shall be of the same kind and amount generally applicable within the Village; and shall nat be arbitrarily increased in a manner discriminatory to the subject premises. 12. DISCONNECTION. In the event the Village of Plainfield has not provided said water and sewer serv~.ces to the property wa~thin two ( 2 ) years from the date hereof, then the Owner shall have the right to disconnect the premises described in Exhibit "B". Further, the Owner and any successor in title shall be permitted to seek the rezoning of the subject property from either the County of Wi11 or such other municipal governmental unit which has jurisdiction over the property. In such event, the Village of Plainfield shall not object to the rezoning of the subject property, provided the Owner or hats successor, seek such zoning in approximately those same portions and uses of the property as is provided for by this Agareement. 13. COST TO OWNER. The Owner shall not be assessed any direct cost for the extension of the sanitary sewer and water over and across the subject property which consists of a total of 100 acres. However, upon development of all or any portion of the 100 acre property, the Village shall be entitled to receive from the developer at the time building permits are issued, the estimated sum of $2,150.00 per acre including roads. The exact cost shall be determined upon the completion of the project, based on 100/375.25ths of the Village's actual cost to extend sewer and water to the Eastern boundary of the subject property; however, in no event shall said cost exceed $2,500.00 per acre. Said sum shall be treated as arepayment to the Village for the cost of installation and extension of the sewer and water lines through the 131.69 acre Tuttle farm located to the North, through the adjoining 72.27 acre Spangler farm located to the North, through the 72.79 acace Waite farm located to the West and along the northerly boundary of the subject property herein terminating at the easterly boundary line. U R9-838 14. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of record of the property, assignees, lessees, and upon any successor municipal authorities of said Village and successor municipalities for a period of twenty (20) years from the date of execution hereto and any extended time that may be agreed to by amendment. 15. NOTICE. 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 Post Office, certified mail, postage prepaid and return receipt requested, as follows: For the Village: 1. Mary Latta Village President Village Hall 1400 Division Street Plainfield, IL 60544 For the Owner- Gilbert L. Niznik Attorney at Law 727 Main Street Plainfield, IL 60544 2. James B. Harvey Mr. Bruce McMullin Attorney at Law 6713 New Hampshire McKeown, Fitzgerald, Zollner, Crystal Lake, IL Buck, Sangmeister & Hutchison 60012 2455 Glenwood Avenue Joliet, IL 60435 16. 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. Tf any provision of this Agreement is held invall.d, such provision shall be deemed to be excised therefrom and the -~ ~ ~ r. i R'-~~~ ~- I ~3 invalidity thereof shal]. not affect any of the provisions contained herein. 17. ADMINISTRATIVE COSTS. The Village at its expense will provide any surveying and b drafting of plats for annexation necessary to establish the legal descriptions needed for this transaction, and will not require any annexation or zoning fees which may otherwl.se be required. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this 2Uth day of March , 1989. VILLAGE OF PLATNFIELD: OWNER: ~, ! n ~ 9 mot' .,~,,(`_~_'~ r - ~~, By~ / v ` c Villag resid t BRUCE MCMULLIN, as sole benefica.ary of FIRST MIDWEST " ~.~ ~'i, ~ ~'~ r' , `~; BANK/ILLINOIS, NATIONAT, ASSOCIA- ~~~ ' ~ ~ A ~ ~ .` ~~` ~ TION, of Joliet, Illinois, as r~:.ATTEST : ~, ~. Trustee undear Trust Agreement ± ~ ~?~" ~ ~ ~' dated January I.6, 1989 and known '~(- ~ a ~ as Trust Nos. 522b and 5227 ~, _ , ~ . Villagwp~.C1e ,j I.'~,. First Midwest Bank/Illinois, as Trustee f~~ ~w ,• 'o, ••~., ~ i - under Trust No = s . 5226 and 5227 and . 5`, a ~~''~'~ _, not personally. eJ rY.t - ~~rra M~v 1~ ~~ • 0 '-„ r ~.'~W. ~~ '.- rust Officer ;`~ ~ ~ » ~ '~ . .~. ,. :s /'a~~: - T7"77,^tit (lffi car ~, ~.. RIDER ATTAL~MED TO--qND MADE A PART Of AN INSTRUMENT DATED March 20, .1989 UNDER TRUST No. 5226 and 522i This instrument is executed by FIRST MIDWEST 8AW(/ILLINDIS, National, Association, rat personally but solely as Trustee, as aforesaid, an the exercise of the power and authority conferred upon and vested in it as ~, such Trustee. All the terms, provisions, stipulaticxis, covenants end eonditians to be performed try FIRST MIDWEST R~C~'ILLINpIS, National Association, ere uridertal~ by it solely as Trustee, as afnresaid, and not individually, end all statements herein made are made on information end belief and are to be oa~stn,ed . accordingly, and ro personal liability shall be asserted ar be enfarce~le against FIRST MIDWEST BA~K/ILLINDIS National Association, by reason of any of the terms, provfsia-is, stipulations, covenar-ts axi,'or statanents oantained in this instrur~7t. /~ , THE NORTH 1325 FEET OF THE WEST 3/4 OF THE WEST 1/2 OF THE NORTH WEST 1/4 OF SECTION 22, IN TOWNSHIP 36 NORTH AND IN RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS EXHIBIT "A" ~~ n S a .f n'n rinr~r r . THE WEST 3/4 OF THE WEST 1/2 OF THE NORTH WEST 1/4 OF SECTION 22, IN TOWNSHIP 35 NORTH AND IN RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THE NORTH 1325 FEET THEREOF, IN WILL COUNTY, ILLINOIS. PARCEL II: THE NORTH WEST 1/4 OF THE SOUTH WEST 1/4 OF SECTION 22, TN TOWNSHIP 36 NORTH AND TN RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS. EXHIBIT "B" ~~ rr~ ~~ ~ ~ yY 3~~~~~1 ` ~ it ~ n. fly $ •~ ~f ~ .4~ 9 ~ ~' o+ . as ,~,. ~ ~ ~ ~ ~, ~ ~~.. ~ ~ g ~7 39yp39~ R / ~ ~A 7- N ~~ ~ A''4 Ai/ ~ N~ f ~ ~ ! K ~ _ _ t ¢ ~1a ...FB')7N.7.3_s - 1111 ~. ~ C Vl..__.. "~ • ~ ~ s~ . ~l; - i ~~ l--..~ __.____. ~~ .lN w1 rN~.ry~ q 9 1 ~ + ..... ~ --- .. ~,w ~. i ~ a, h ~' •~ ~ - Q W ~ , ~_ '. f " x. `~ ~ ~ ~ 4 ~.. ''j~~_ i~ r In i,a - W .~_ O ~'~ r ~: ~,` ~- . r.~ ~»ror~ ~. r e =...,.F,xr .. ; . ~ ^ a t~~~F.F~~ ~ ~ g rtl Af y br~.~E~~_~ ~5~~~lREd~~~ ~~t.. t~rEC'°~33l3Fi•~T ~~ ~b Fz ~ ~g ~~h~~~~hi .l ~~M~`Q i7 ~6 ~~ 5~ ~r!~'i~ ~~ 9 t ~`4f~ y E4t 3+ 7 ~r !i8 R'~Rdk R~R ~~~'R~~kf CAtl_~E [4 ~! k~ r tk m ~F~~_~; ~ tr~8 ~ ~~ '~~ x ~S ~g j3'Fe~~~i. g$ ~i~~FFg~`: 3e~~~g~ ~~ SgGkgg hgY~° ~r~ ~~ ~ ~~ e~~g ~~ °~ ~ _J._ ~~~s~~ ~ ~gr~x~x ~ ~~~'R~ _~~~Cx J I`' ~~ ~ ~~`~~~ 9 A ~ f, ~ ~ xapt~~~`~ `\ /~