HomeMy Public PortalAboutOrdinance 3174 Ordinance No. 3174
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN
ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD,
ILLINOIS, AND LARRY WILLIAMS AND DANIELLE WILLIAMS
PIN #06-03-23-300-005-0000
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 the owners; and
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, WILL AND KENDALL COUNTIES,
ILLINOIS AS FOLLOWS:
Section 1: Recitals—The foregoing recitals are hereby incorporated into this
Ordinance as if fully set forth herein.
Section 2: Approval — 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.
Section 3: Severability— The various portions of this Ordinance are hereby
expressly declared to be severable, and the invalidity of any such portion of this
Ordinance shall not affect the validity of any other portion of this Ordinance, which shall
be enforced to the fullest extent possible.
Section 4: Repealer — All Ordinances or portions of Ordinances previously
passed or adopted by the Village of Plainfield that conflict with or are inconsistent with
the provisions of this Ordinance are hereby repealed.
Section 5: Effective Date-This Ordinance shall be in effect upon its passage
and approval as provided by law.
PASSED THIS 18TH DAY OF AUGUST, 2014.
AYES: Lamb, Peck, Racich, Rippy, Bonuchi, Fay
NAYS: None
ABSENT: None
APPROVED THIS 18T" DAY OF AUGUST, 2014.
�Y2 ,
VI GE PRESID T
ES
VILLAGE CLERK
PREPARED BY AND RETURN TO:
VILLAGE OF PLAINFIELD
24401 W. LOCKPORT STREET
PLAINFIELD, IL 60544
ATTN: VILLAGE CLERK
LEGAL DESCRIPTION
Lot 3 Mauer's Subdivision, being a subdivision of part of the west half of the west half of
Section 23, Township 36 North, Range 9 East of the Third Principal Meridian, according to
the plat thereof recorded September 8, 1956 as Document No. 805900, in Will County,
Illinois.
PIN #06-03-23-300-005-0000
PROPERTY ADDRESS: 16263 S. Lily Cache Road, Plainfield, Illinois 60586
ANNEXATION AGREEMENT
FOR
TODD'S PROFESSIONAL PARK H
Revision Dater
TH14 ANNEXATION AGREEMENT is entered into this day of
2014, by and between the Village of Plainfield, an Illinois municipal
co Lion(hereinafter referred to as"VILLAGE"), and Larry&Danielle Williams(hereinafter
referred to as "OWNERS"), and Todd D. Dralle(hereinafter referred to as"DEVELOPER") for
all the property described in the Plat of Annexation marked Exhibit"A",attached hereto.
WITNESSETH:
WHEREAS,the VILLAGE is an Illinois Municipal corporation: and,
WHEREAS, the OWNER is the owner of record of the real property legally described in
Exhibit "B" (said property is referred to herein as the "SUBJECT PROPERTY"). The
SUBJECT PROPERTY, which is illustrated and described on the Plat of Annexation and the
legal description attached hereto, and incorporated herein, is not within the corporate limits of
any municipality and constitutes the subject premises to be annexed to the VILLAGE; and
WHEREAS, the SUBJECT PROPERTY is contiguous with the corporate limits of the
VILLAGE; and
WHEREAS, it is the intention of the parties that the annexation of the SUBJECT
PROPERTY to the VILLAGE be upon the terms and conditions of this agreement; and
WHEREAS, in accordance with 65 ILCS 5111-15.1-1 et seq. of the Illinois Compiled
Statutes and pursuant to lawful notice, the VILLAGE has placed this Agreement before the
public for comment and hearing by its Corporate Authorities;and
WHEREAS, the VILLAGE, by-its Corporate Authorities, shall consider an ordinance
adopting this Agreement in the manner provided by law; and
WHEREAS, the adoption and approval of this Agreement is an exercise of the powers
vested in the VILLAGE by the Illinois Compiled Statutes.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements herein contained, it is hereby agreed as follows:
1. INCORPORATION OF RECITALS AND EXHIBITS.
The foregoing recitals are hereby incorporated into the body of this agreement as if fully
set forth and repeated herein.
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Any exhibit referred to in this agreement and attached hereto shall also be considered
incorporated herein by express reference.
2. ANNEXATION AND ZONING.
OWNER agrees within seven (7) days after the execution of this Agreement to file
properly executed petitions for annexing and zoning said premises, if said petitions have not
already been filed-
Within thirty (30) days of contiguity the VILLAGE agrees, pursuant to requisite notice
having been given, and in accordance with law, to enact and adopt ordinances annexing and
zoning the premises designated in Exhibit A, attached hereto and made a part of this Agreement,
to zoning classification B-3 with a Special Use for Auto Body Repair. The Subject property
shall be permitted to continue its residential use after annexation and rezoning for a maximum
period of two(2)years.
OWNER and DEVELOPER agree that the Subject Property shall be developed in
accordance with the ordinances of the VILLAGE, as approved or subsequently amended, and
agree to follow all of the policies and procedures of the VILLAGE in connection with such
development except as modified in this Agreement.
3. PARK AND LIBRARY DISTRICT ANNEXATION.
Upon annexation of the Subject Property to the VILLAGE, the OWNER agrees to file
petitions to annex the Subject Property to the Plainfield Township Park District and the
Plainfield Library District.
The OWNER agrees to annex the SUBJECT PROPERTY to the Plainfield Township
Park District and Plainfield Public Library District with 30 days of contiguity with the Districts.
4. PARK AND SCHOOL DONATIONS.
The OWNER and DEVELOPER agree to comply with the Village Ordinance on
land/cash donations for park and school sites. Fees paid in lieu of park land are required prior to
the release of the final plat. The DEVELOPER agrees to pay all fees identified in the school
facility impact fee schedule attached. If development extends beyond 2008 the fee will be what
is in effect at the time of development of each unit.
The OWNER and DEVELOPER agree to comply with the Village Ordinance on
land/cash donations for park and school sites. Fees paid in lieu of park land are required prior to
the release of the final plat. The DEVELOPER agrees to pay all fees identified in the school
facility impact fee schedule attached. The Village must approve all park designs and reserves the
right to hire a landscape architect to design any park or open space area. The developer/owner
agrees to pay any fee associated with the design.
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The DEVELOPER agrees to pay all fees identified in the School Transition Fee table
attached. The school transition fee shall be paid not later than at building permit issuance and
shall be based on the fee then in effect at the time of payment. For building permits issued after
July 1, 2007, the required transition fee shall be the fee then in effect as approved by the
VILLAGE.
The OWNER and DEVELOPER agree to pay a fee at building permit set by the junior
college within which district the development occurs and approved by the Village
5. FIRE PROTECTION DISTRICT DONATION
The OWNER and DEVELOPER agree to pay $1,000.00 contribution per residential unit
to the Fire Protection District in which the unit is located and $0.15 per square foot for
commercial development. The fee will be paid at the time of building pen-nit issuance.
6. LIBRARY E"ACT FEE.
The OWNER and DEVELOPER agree to pay the applicable per unit, as set forth in the
inter-governmental agreement between the VILLAGE and the Plainfield Library District. The
fee will be paid at the time of building permit issuance.
7. WATER AND SEWER SERVICE.
VILLAGE represents and warrants that the 0.72 acres of the SUBJECT PROPERTY
described in Exhibit A is currently within the FPA(Facilities Planning Area)of the VILLAGE or
if not presently in the FPA, the Village will submit all required applications to include the
SUBJECT PROPERTY into the Village's FPA. All applications and associated costs to amend
the FPA shall be the responsibility of the DEVELOPER.
8. WATER AND SANITARY SEWER FEES.
Connection fees required for connection to the Village's sanitary sewer system are as
established by Village Ordinance. The minimum connection fees to the Village's water supply
system are as follows:
Water Meter size (inches) Water Connection Fee
5/8 $2,600.00
3/4 $2,600.00
1 $3,110.00
11/2 $3,570.00
2 $4,030.00
3 $4,490.00
4 $4,940.00
6 $5,860.00
All sanitary sewer construction requiring an Illinois Environmental Protection Agency
construction permit, upon receipt of required IEPA Sewer Permit, but before any sewer main
construction, the property owner or OWNER shall be required to pay the Village the total sewer
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connection fee for the entire area served by said permit. The population equivalent stated on the
IEPA permit shall be the basis for calculating the required connection fees. Substantial sanitary
sewer construction shall begin within ninety (90) days of receiving required IEPA sewer
construction permits.
9. SANITARY SEWER OVERSIZING EMFACT FEE
The OWNER and DEVELOPER recognize that certain sanitary sewer oversizing is
required pursuant to the Sanitary Sewer Recapture Map. Said Map outlines the estimated cost
per acre of sewer oversizing according to zones. The oversizing will be constructed by either the
OWNER and DEVELOPER or the VILLAGE, at the VILLAGE's discretion. If constructed by
the OWNER and DEVELOPER, recapture will follow the provisions of Section 10 of this
ANNEXATION AGREEMENT. If constructed by the VILLAGE, OWNER and DEVELOPER
will reimburse all VILLAGE expenses related to the sewer construction, including engineering,
easement acquisition,administration and legal fees. The percentage of the total project cost to be
reimbursed by DEVELOPER shall be calculated based on the acreage of the development within
the recapture area. Any applicable fees shall be payable at the time of final plat or if no platting
is necessary,prior to building permit.
10. RECAPTURE FEES.
Upon development, OWNER. or DEVELOPER shall be obligated to pay any recapture
fees as applicable to the annexed property for municipal water, sanitary sewers, storm water,
roadways, traffic signals or improvements or any other improvements as set forth in 65 MCS
5/9-5-01.
VILLAGE may adopt any necessary ordinances to provide for recapture to OWNER for
streets, water, sanitary sewer or storm sewer lines constructed by OWNER, which benefit other
properties by the installation and/or over sizing of said improvements. Such recapture ordinance
shall only be adopted upon satisfactory demonstration by the OWNER or DEVELOPER that the
recapture is fair and equitable and that provision of notice of the proposed recapture fees is
provided to affected property OWNER The determination that a proposed recapture is fair and
equitable shall be solely that of the Village. Fees are due upon Village request.
In the event benefiting property subject to recapture is owned by a government agency
(e.g., fire protection district, park district, school district), such government entity shall not be
required to pay recapture, thus reducing the total amount the DEVELOPER and/or VILLAGE
are entitled to recapture.
Any recapture ordinances shall be for a maximum of ten (10) years from the date of
adoption of said ordinance with 4% interest payable to the OWNER and DEVELOPER
commencing two(2)years from the date of completion of said improvement. An administrative
fee shall be charged at the rate of two percent (2%) of the total recapture amount payable to the
VILLAGE to cover administrative costs of the recapture agreement. The costs to be recaptured
shall not exceed 110 percent of the estimated costs per the approved engineer's opinion of
probable construction costs (EOPC). Any increase in cost of more than 5 percent of the EOPC
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(but in no event more that 10 percent of the EOPQ shall not be permitted unless a detailed
explanation of the increase in costs is submitted by the DEVELOPER and approved by the
VILLAGE.
11. ANNEXATION FEES.
The OWNER and DEVELOPER agrees to pay an annexation fee to the VILLAGE of
$2,500 per unit for any residential development or $4,000 per gross acre for commercial
development, payable at the time of final plat or if no plating is necessary, prior to building
permit.
12. TRAFFIC IMPROVEMENT FEE
The OWNER and DEVELOPER agree to pay a traffic improvement fee to the Village of
$2,000.00 per unit of residential development and $.10 per square foot of buildings for
commercial development. Square footage for commercial development is based on gross
building area. Said fees shall be payable at the time of final plat or if no platting necessary, prior
to building permit.
13. MUNICIPAL FACILITY FEE
The Owner and Developer agree to pay$2,000.00 per unit for future municipal facilities.
Said fees shall be payable at the time of final plat or if no platting is necessary, prior to building
permit.
14. VILLAGE BEAUTIFICATION
The Developer agrees to pay a Village Beautification fee of$250.00 per unit for future
beautification projects. The fee is payable upon building permit.
15. EASEMENTS
The owner agrees to dedicate right of way or grant utility easements within thirty days of
written request by the Village.
16. ARCHITECTURAL DESIGN PROVISIONS.
The OWNER and DEVELOPER agree to provide a variety of architectural designs for
residential dwelling units for the purpose of discouraging excessive similarity between units,
including but not limited to single family, duplexes, and multi-family developments. The
OWNER and DEVELOPER agree to establish appropriate policies and procedures to provide
distinction between surrounding dwelling units, including front, rear and side elevations, for the
purpose of anti-monotony as defined in Exhibit C.
The Village is looking to better control monotony and to encourage character within
subdivisions including all four sides of residential structures, roof pitches, heights and materials.
The developer agrees to develop the subject property in accordance with the Pattern Book
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attached as Exhibit D. This exhibit identifies architecture for all homes including facades for all
four sides of each model proposed and materials. The Pattern Book will show a breakdown of
the number of each model used and will identify the separation in the location of each models
type.
17. VARIANCES
No variances will be necessary to develop the property. If variances are required, they
shall be described and attached as an Amendment,Exhibit C)
18. MISCELLANEOUS FEES.
All other fees provided for by ordinance and uniformly applied and collected in
connection with the development of the property within the corporate limits of Plainfield, except
as otherwise specified in this agreement shall be applicable to the subject realty. Payment of all
fees due under the Village Ordinances, together with the posting of any and all letters of credit
and other guarantees shall be a pre-condition to the approval by the Village of any final plan, plat
or site plan submitted by OWNER and DEVELOPER under this agreement.
19. AMENDMENTS.
This agreement, including the attached exhibits, may be amended only with the mutual
consent of the parties by a duly executed written instrument. In the case of the VILLAGE, the
written instrument may only be in the form of an ordinance duly adopted in accordance with
applicable laws. Modifications subsequent to this Agreement's adoption shall require a public
hearing and procedures consistent with law.
20. EXIMBIT C.
Any modifications to the VILLAGE's standard annexation agreement provisions are set
forth in Exhibit C. The OWNER, DEVELOPER and VILLAGE agree that should any conflicts
between Exhibit C and the text of this Agreement exist, the provisions of Exhibit C shall
supersede those of this text.
21. DORMANT SPECIAL SERVICE AREA(SSA)
OWNER and Developer agree to the Village enacting a dormant Special Service Area
(SSA) to act as a back-up in the event that the Homeowner's Association fails to maintain the
private common areas, private detention ponds, perimeter landscaping features, and entrance
signage within the Subject Property. The special service area will be completed as part of the
first phase of development.
22. ENFORCEMENT.
This Agreement shall be enforceable by any action at law or in equity, including actions
or specific performance and injunctive relief. The laws of the State of Illinois shall control the
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construction and enforcement of this Agreement. The parties agree that all actions instituted on
this agreement shall be commenced and heard in the Circuit Court of Will County, Illinois, and
hereby waive venue in any other court of competent jurisdiction. Before any failure'of any parry
to perform any obligation arising from this Agreement shall be deemed to constitute a breach,the
party claiming the breach shall notify the defaulting party and demand performance. No breach
of this Agreement shall have been found to have occurred if performance is commenced to the
satisfaction of the complaining party within thirty(30) days of the receipt of such notice.
23. EFFECT OF SUCCESSORS.
This agreement shall be binding upon and inure to the benefit of the VILLAGE and its
successor municipal corporations and corporate authorities. This Agreement shall be binding
upon and inure to the benefit of OWNER and their grantees, lessees, assigns, successors and
heirs.
24. CONSTRUCTION OF AGREEMENT.
This Agreement shall be interpreted and construed in accordance with the principles
applicable to the construction of contracts. Provided, however,that the parties stipulate that they
participated equally in the negotiation and drafting of the Agreement and that no ambiguity
contained in this Agreement shall be construed against a particular party.
25. SEVERABILITY.
If any provision, covenant, agreement or portion of this Agreement or its application to
any person, entity property is held invalid, such invalidity shall not affect the application or
validity of any other provision, covenants, agreement or portions of this Agreement, and this
Agreement is declared to be severable.
26. EFFECT OF THIS AGREEMENT.
The provisions of this Agreement shall supersede the provisions of any ordinances,
codes, policies or regulations of the Village which may be in conflict with the provisions of this
agreement.
27. DURATION.
This agreement shall remain in full force and effect for a term of twenty(20) years from
the date of its execution,or for such longer period provided by law.
28. NOTICE.
Any notice or demand hereunder from one party to another party or to an assignee or
successor in interest of either party or from an assignee or successor in interest of either party to
another party, or between assignees or successors in interest, either party shall provide such
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notice or demand in writing and shall be deemed duly served if mailed by prepaid registered or
certified mail addressed as follows:
If to the VILLAGE:
Michael P. Collins Brian Murphy
Village President Village Administrator
24401 W. Lockport St. 24401 W. Lockport St.
Plainfield,IL 60544 Plainfield,IL 60544
With copies to: Jim Harvey, Village Attorney
Tracy,Johnson&Wilson
2801 Black Rd., 2nd Flr.
Joliet,IL 60435
If to any owner of record of any real property located within the subject property, or the
OWNER: Todd D. Dralle
Todd's Body Shop
23039 W. Lincoln Highway
Plainfield,Illinois,60586
With copies to:
James M. Wagner
Helm&Wagner
804 N. Washington Street
Naperville,Illinois 60563
Or to such address as any party hereto or an assignee or successor in interest of a party
hereto may from time to time designate by notice to the other party hereto or their successors in
interest.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day
and year first above written
THE VILLAGE OF PLAINFIELD OWNER:
a Municipal Corporation Danielle and Larry Williams
BY
illage President
DEVELOPER:
A ST: Todd D. Dralle
BY G�1
Village Clerk
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LOT 3 MAUER'S SUBDIVISION, BEING A SUBDIVISION OF FART OF THE WEST
HALF OF THE NEST HALF OF SECTION 23, TOWNSHIP 36 NORTH, RANGE 9
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED SEPTEMBER 8, 1956 AS DOCUMENT NO. 805900, IN
WILL COUNTY, ILLINOIS.
EXHIBIT
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EXHIBIT "C" TO ANNEXATION AGREEMENT
WHEREAS, in accordance with Paragraph 20 of this Annexation Agreement, the
following provisions shall modify the terms of the VILLAGE'S standard Annexation
Agreement. Any and all conflicts between the provisions of the Annexation Agreement and this
EXHIBIT C shall be resolved in favor of the provisions contained within this EXHIBIT C.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements herein contained and those within the Annexation Agreement, it is hereby agreed as
follows:
I. The Subject Property is currently located within the boundaries of the Plainfield
Park District and the Plainfield Library District. As a result, the OWNER and DEVELOPER do
not need to take any action to annex to these Districts as described in Paragraph 3 of the
Annexation Agreement.
2. The VILLAGE, OWNER, AND DEVELOPER agree that no Park, School, Fire
Protection, or Library District Donations or Impact Fees will be required as part of this
annexation. (Para. 4, 5 &6).
3. The VILLAGE, OWNER, AND DEVELOPER agree that no Recapture Fees will
be due from the OWNER or DEVELOPER for any municipal water, sanitary sewers, storm
sewers, roadways, traffic signals or any other improvements as part of this annexation. (Para.
10).
4. The VILLAGE, OWNER, AND DEVELOPER agree that no Annexation Fees,
Traffic Improvement Fees, Municipality Fees, or Village Beautification Fees, other than typical
application fees, shall be due to the VILLAGE as part of this annexation. (Para. 11, 12, 13, 14).
5. The VILLAGE, OWNER, AND DEVELOPER agree that no Dormant Special
Service Area shall be enacted as part of this annexation. (Para. 21).
EXHIBIT
3 C