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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by the Village of Plainfield that conflict with or are inconsistent with the provisions of this Ordinance are hereby repealed.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. 1 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. 2 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 3 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 4 (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 5 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 6 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 7 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 8 � t li Via! �a�W �•N p gtz ( �� � �H w oo^ � �' QO Z� 2 f1• SNC�:�[la� II {egg a Sa K zP Z ` ffig 1 y Q IL 7c z o :*-! o k _y r�E3 22 �@FEZ4 w O Uwi w � 2 rL Big Z af/iZ� Offfi. F ogY o °aa0 x m k'v w�„v°` ,� e 3 m 18-0 z z�c W EiniF ON a=m 4q Z o A hd S waz v�'�N OZa _ i � o=� 0 LL Z O a to€rti� < maz Lift a ���=z r 9e�a� � �zon� FK .r ZW C U F Q y� Q �1-corm ~ 0 K�340 J J3KLm �� � Ll it K fc l\ Z O A O a. W _ r � i y i U �,0�410 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 p s $ 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