HomeMy Public PortalAboutOrdinance 1196
CHAPTER 8
ARTICLE 7
AMENDMENT TO ZONING ORDINANCE NO. 674, CHAPTER 8,
ARTICLE 8, SECTIONS 6-1. THROUGH 6-35
Sec. 7-7$: Zoning of property Owned by GEORGE WATTS AND
NORMA WAITS.
WHEREAS, a public hearing was duly advertised and held
on the amendment to said Chapter 8, Article 6, Sections 6~-1
through 6-35 (Ordinance No. 674) of said Village of
Plainfield as hereinafter set forth, and
WHEREAS, this property is subject to an annexation
agreement obligating the Village to zone the property B-3 as
a condition of said annexation; and
WHEREAS, the Plan Commission of the Village of
Plainfield has heretofore filed a report of its acts and
doings in the premises and its recommendation that the real
estate hereinafter described be zoned B-3 under said Chapter
8, Article 6, Section 6-1 through 6-35, entitled "An
Ordinance Requiring Permits for Buildings, Structures, and
Uses, Dividing the Village into Districts, Specifying Minimum
Lot Sizes, Set Backs and Side Yards, Regulating the Bulk of
Buildings, Providing for Appeals and Imposing Penalties," be
granted; and
WHEREAS, we believe that the highest and best use of the
real estate hereinafter described is for uses permitted in an
B-3 District under said Chapter 8, Article 6, Sections 6--1
through 6-35; and
WHEREAS, no written objections to the zoning of said
premises were filed and no one appeared in person to object
to the zoning of said real estate; and
WHEREAS, it is the opinion of the President and Board of
Trustees of the Village of Plainfield that the zoning of the
real estate hereinafter described should be zoned and
classified as an B-3 District under said Zoning Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL COUNTY,
ILLINOIS, as Follows:
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Sec. 7-78-1: Ter._r.itory Described. That the following
tract of ].and, to-wit
THE EAST 650 FEET OF THE NORTH 1198.95 FEET OF THE
NORTHEAST QUARTER OF SECTION 21, AS MEASURED ALONG
A LINE THAT IS PERPENDICULAR TO THE NORTH LINE OF
THE NORTHEAST QUARTER OF SECTION 21, IN TOWNSHIP 36
NORTH, AND RANGE 9 EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN WILL COUNTY, ILLINOIS.
which said tract of land was previously zoned under the
ordinances of Will County, and pursuant to the annexation
agreement executed this date, said tract is now classified
and zoned as B-3 District under said Chapter 8, Article 6,
Section 6-2 (Ordinance No. 674) and is hereby added to and
made a part of the B-3 District under said Chapter 8, Article
6, Section 6-2,
Sec. 7-78-2: If Part Invalid. The invalidity of any part
or section hereof shall not effect the validity of the
remainder hereof.
Sec. 7-7$-3: This Ordinance sha],l be numbered as Ordinance
No. 1196 This Ordinance, numbered as __1196 , shall be in
full force and effect after its passage and approval.
PASSED this 16TH day of January, 1989.
Village Clerk
APPROVED this 16th
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day of January, 1989.
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STATE OF ILLINOIS )
COUNTY OF WILL )
I, Vera Krnac, the duly elected Village Clerk of the
Village of Plainfield, Will County, Illinois, do hereby
certify that the above and foregoing is a true and correct
copy of the Annexation Agreement, which was duly passed by
the President and Board of Trustees of said Village and
approved by the President and Board of Trustees of said
Village on the 16th day of January lg 89, and
the original of said Ordinance is now on file in my office.
IN WITNESS THEREOF, I have hereunto set my hand as
Va.llage Clerk and attached the seal of said Village this
17th day of January l9 8~9 .
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era Krnac - Vi age Clerk
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11/22/88
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ANNE%ATION AGREEMENT
This Agreement made this / ~ day ofy~p ~ c,1.r ,
1989 between the VILLAGE OF PLAINFIELD a Munici al Cor o~i~on
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Will County, Illinois hereinafter referred to as "Village", and
GEORGE WAITS and NORMA WAITS hereinafter collectively referred to
as "owners".
WHEREAS, the Owners are desirous of annexing the East 65A'
of certain real property they now own to the Village upon terms
and conditions set forth in this Agreement, all concerning the
property specifically de7scribed in Exhibit "A" being an
Annexation plat dated r/PG e~ `/ 8~ , 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 Beard 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 hexeto do enter into this
Agreement pursuant to Chapter 24, Sections 11-15.1-1 through 11-
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15.1-5 of the Illinois Revised statutes and agree as follows:
1. MUT AGRE
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 the executian of this
Agreement, they will perform or allow to be performed the
fallowing convenants and agreements on their respective parts
made, all subject to the terms and conditions hereinafter set
Earth.
2. ANNEXATION.
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 the East 650' of the Premises in accordance with
Article 7 of the Illinois Municipal Code with the understanding
and agreement of the parties now set forth herein, that the
Village shall not 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, (See Exhibit A
for legal description of parcel to be annexed).
3. ZONING.
The Premises, 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 notice having been given,
shall by proper ordinance after execution o£ this Agreement and
annexation of the Subject Property to the Village cause the
subject property as set in Exhitib "A" to be classified under the
Zoning ordinance of 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 the annexation agreement and shall remain in effect unless or
until the zoning of the property has been altered in accordance
with law.
4. EASEMENTS.
That within thirty (30) days of the annexation of said
Premises as set forth in Exhibit "A", Owners agree to execute and
deliver to the Village perpetual easements for the installation
and maintenance of water and sewer service. Said easements shall
consist of a permanent easement thirty (30) feet in width and a
construction easement twenty (20) feet in width, as measured from
the center of Renwick Road running east and west along the
northernmost property line of Exhibit A; and, an additional water
and sewer easement, consisting of a permanent easement thirty
(30) feet in width and a construction easement twenty (20) feet
in width, as measured from the center of Illinois Route 59,
running north and south along the eastern most property line of
Exhibit A. The Village shall restore the subject property to the
condition it was in prior to construction, at no cost to owners.
The Village shall hold the owners harmless against any and all
claims for liability, arising out of the construction of such
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sewer and water service lines.
5. EN
That for a period of ten (1Q) years from the date of this
agreement, the Village hereby agrees to rebate to the Owners the
amount of real estate taxes assessed for the existing residential
use, presently located at the northeast corner of said property,
and also a residential use under construction at the
northwest corner of said property.
The Village shall abate the increase in real estate taxes
affecting the parcel to be annexed until such time as said parcel
is sold or developed by the owners. 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 said rebate payment to the owners upon their
presentation to the Village of paid real estate tax bills.
6. PRE-ANNEXATION OF THE REMAINDER.
Within ten (10) years from the date of execution of this
agreement by the parties hereto, the owners or their successors
in title shall have the right but not the obligation, to annex
all ar any portion of the remainder of the owners real estate to
the Village of Plainfield (see legal description attached as
Exhibit B). The Village, however, shall not hereafter adopt and
pass any ordinance annexing said premises, unless said premises
by simultaneously therewith be rezoned, by appropriate amendatory
zoning ordinances, as a "Residence A District" for single family
residential, or the equivalent, with minimum lot sizes of at
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least 12,000 square feet per lot.
7. ~T~G.
After installation of said sewer and water lines, owners
or their successors in title, shall be permitted to farm the
easement parcel for as long as they continue to farm the subject
property, without payment of any rental charges to the Village.
8. BINDING EFFECT.
This Agreement shall be binding upon the 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 twelve (12) years fram the date of
execution hereof and any extended time that may be agreed to by
amendment.
9. PERFORMANCE BY VILLAGE^
The owners do 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 sanitary 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 Agreement.
In the event the Village has so provided said services to
the property within two (2) years from the date hereof, then the
owners or their successors in title, shall be obliged to annex
the remainder of the subject property referred to in paragraph 6
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above. However, until developed, said property shall likewise
benefit from tax abatement referred to in paragraph 5.
In the event the Village of Plainfield has not so provided
said services to the property within two (2) years from the date
hereof, then the owners shall still have the right but not the
obligation to annex all or any portion of the remainder of the
subject property to the Village of Plainfield. Rather, the
owners and their successors in title shall be permitted to seek
the rezoning of the subject property from either the County of
Will 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 owners or their successors, seek
residential zoning in approximately those same portions of the
property as is provided for by this Agreement.
10. COSTS 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 72.79 acres.
However, upon development of all or any portion of the
72.79 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 72.79/375.25ths of the Village's actual cost to extend
sewer and water to the Eastern boundary of the McMullin property.
Said sum shall be treated as repayment to the Village for the
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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 subject 72.79 acre parcel, and through the adjoining
100 acre McMullin farm to the East. Said sums shall be paid in
addition to the Village's customary tap-on-fees.
11. TAP-ONS.
Owners shall be entitled to two (2) residential tap-ons to
sewer and water at no charge to owners.
12. 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 owners:
1. Mary Latta Norma & George R. Waite
Village President 19833 County Line
Village Hall Joliet, XL 60435
1400 Division St.
Plainfield, IL 60544
2. James B. Harvey Richard J. Selfridge
Attorney At Law Attorney At Law
McKeown, Fitzgerald, Zollner, Selfridge & Selfridge
Buck, Sangmeister & Hutchison 501 N. Division Street
2455 Glenwood Ave. P.O. Box 246
Joliet, IL 60435 Plainfield, IL 60544
13. EN 0 CEABILITY ND S VERABILITY.
A) This Agreement shall be enforceable in any court of
competent jurisdiction by any of the parties hereto by any
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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 affect any of the provisions
contained herein.
14. The Village at its expense will provide the surveying
necessary to establish the legal descriptions needed for this
transaction.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals this_ a 7~ day of ~~e~etiwber... 1988 .
VILLA E OF PLAINF LD
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Village. resident
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OWNER:
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BY : ~~'rz~' ~~ /jicJ G~
George Waite
Norma Waite
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STATE OF ILLINOIS )
SS.
COUNTY OF WILL )
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I, R CHARD J. SELFRIDGE JR. a Notary Public in and for
said County, in the State aforesaid, DO HEREBY CERTIFY that
GEORGE R. WAITS AND NORMA, WAYTE
personally known to me to be the same persons whose names are
subscribed to the foregoing instrument appeared before me this
day in person and acknowledged that they signed, sealed and
delivered the said instrument as their free and voluntary act,
for the uses and purposes therein set forth.
G"iv'en under my hand and notarial seal, this ~"~ day of
A~~M ~- , 19 8 8 .
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