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HomeMy Public PortalAboutOrdinance 3489NOW, 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: Authorization — That the Village shall enter into a Second Amendment to the Annexation Agreement with Owner, a copy of which Second Amendment is attached hereto as Exhibit "B", and expressly made a part of this Ordinance by this reference as if fully set forth herein. Section 3: Execution — That the Village President be and is hereby authorized to execute, and the Village Clerk is hereby authorized and directed to attest to the execution of said Exhibit "B". Section 4: 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 5: 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by the Village of Plainfield that conflict with or are inconsistent with the provisions of this Ordinance are hereby repealed.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 6: Effective Date — This Ordinance shall be in full force and effect from and after its passage and approval. PASSED THIS 2ND DAY OF NOVEMBER, 2020. AYES: Larson, Wojowski, Benton, Bonuchi, Collins NAYS: None ABSENT: Calkins, Kalkanis APPROVED THIS 2ND DAY OF NOVEMBER, 2020. VILLAGE PRESI VILLAGE CLERK PREPARED BY AND RETURN TO: VILLAGE OF PLAINFIELD 24401 W. LOCKPORT STREET PLAINFIELD, IL 60544 ATTN: VILLAGE CLERK EXHIBIT "A" Legal Description THAT PART OF THE SOUTHEAST 1/4 OF SECTION 20, TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE WESTERLY LINE OF THE RESUBDIVISION OF LOTS 11 AND 12 IN PINE CONE WOODS, BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 20, TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 30, 2001 AS DOCUMENT NUMBER R2001-098310, SAID WESTERLY LINE ALSO BEING COINCIDENT WITH THE CENTER OF THE DUPAGE RIVER, AND LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 20; THENCE NORTH 01 DEGREES, 55 MINUTES, 08 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 , 1425.67 FEET TO THE SOUTH LINE OF THE NORTH 1185.50 FEET OF SAID SOUTHEAST'/4 (AS MONUMENTED AND OCCUPIED) FOR A POINT OF BEGINNING; THENCE NORTH 88 DEGREES, 40 MINUTES, 53 SECONDS EAST, 996.42 FEET ALONG SAID SOUTH LINE OF THE NORTH 1185.50 FEET OF SAID SOUTHEAST IA (AS MONUMENTED AND OCCUPIED) TO THE WESTERLY LINE OF SAID RESUBDIVISION OF LOTS 11 AND 12 IN PINE CONE WOODS FOR THE TERMINUS OF SAID LINE, EXCEPTING THEREFROM THE WEST 238 FEET OF THE NORTH 148 FEET, AND EXCEPTING FROM THE ABOVE DESCRIBED TRACT THOSE PARTS PLATTED AS SPRINGBANK OF PLAINFIELD UNITS 1, 2 AND /OR 3, IN WILL COUNTY, ILLINOIS. EXHIBIT "B" Second Amendment to Annexation Agreement NVR - Business Use Only PREPARED BY AND AFTER RECORDING RETURN TO: John H. Mays Gould & Ratner LLP 222 North LaSalle Street Suite 300 Chicago, IL 60601 This space reserved for Recorder's use only. SECOND AMENDMENT TO ANNEXATION AGREEMENT SPRINGBANK OF PLAINFIELD This SECOND AMENDMENT TO ANNEXATION AGREEMENT (this "Amendment") is made and entered into this day of Af0% , 2020, by and between OA PLAINFIELD (CHICAGO) ASLI VI, L.L.L.P., a Delaware limited liability limited partnership, its successors and assigns ("Owner"), and the VILLAGE OF PLAINFIELD, an Illinois municipal corporation (the "Village"), by and through its President and Board of Trustees (hereinafter referred to collectively as the "Corporate Authorities"). WITNESS: WHEREAS, on October 4, 2004, MAF DEVELOPMENTS, INC., an Illinois corporation, ("MAF") as owner, and MAF and PARKVIEW DEVELOPMENT, LLC, ("Parkview") together as Developer, entered into an annexation agreement authorized by Ordinance No. 2a24 dated October 4, 2004 (the "Original Agreement") with the Village for the annexation and rezoning of certain tracts and parcels of land and the granting of a special use for a Planned Development (collectively called the "Initial Property"); and -1- NVR - Business Use Only WHEREAS, by Ordinance No. 2426 dated October 4, 2004, the Village issued a special use permit to permit the Initial Property to be zoned and developed as a Planned Development; and WHEREAS, on October 2, 2006, MAF, as Owner, and Owner and Parkview, together as Developer, entered into an annexation agreement authorized by Ordinance No. 2588 dated October 2, 2006 (the "Robbins Annexation Agreement") with the Village for the annexation and rezoning of certain tracts and parcels of land consisting of approximately 10 acres (the "Robbins Parcel"). The Initial Property and the Robbins Parcel are sometimes referred to herein, together, as the "Springbank Property"; and WHEREAS, Parkview has heretofore relinquished all right, title, and interest in the Original Agreement, the Robbins Annexation Agreement and the Springbank Property; and WHEREAS, Owner is successor in interest to MAF under both the Original Agreement and the Robbins Annexation Agreement and currently is the developer of those portions of the Springbank Property to which it holds title and as such has succeeded to each right and obligation of "Developer" and "Owner" under the Original Agreement and the Robbins Annexation Agreement with respect to those portions of the Springbank Property currently owned by Owner; and WHEREAS, on Anti. C , 2018, Owner and Village entered into an amendment to the Original Agreement authorized by Ordinance No. 33)3 dated WAR(the "First Amendment to Annexation Agreement" and when taken with the Original Agreement, the "Existing Agreement"); and WHEREAS, Owner wishes to modify the existing Planned Development for the Initial Property as it applies to the real property described on Exhibit A to this Amendment ("Unit 10"); and WHEREAS, from and after the date of this Amendment, the term "Agreement" as used throughout the Original Agreement, the First Amendment to Annexation Agreement and this Amendment, shall mean the Existing Agreement and this Amendment; and WHEREAS, Owner is duly authorized to enter into this Amendment and desires to enter into this Amendment with the Village; and WHEREAS, pursuant to Article IV, Chapter 9, of the Village of Plainfield Code of Ordinances, following due notice and advertisement in the manner provided by law, the Planning Commission has held such public hearings as are prescribed by law and after due consideration and public participation has made findings of fact, determinations and recommendations with respect to Owner's petition to amend the Planned Development for the Initial Property as it relates to Unit 10 and such other provisions of this Agreement and matters as were within its purview; WHEREAS, pursuant to the provisions of Section 11-15.1-1 et seq. and Section 7-1 et seq. of the Illinois Municipal Code, a proposed amendment, in substance and in form substantially the same as this Amendment, was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by ordinance and statute; and -2- NVR - Business Use Only WHEREAS, in accordance with the powers granted to the Village by the provisions of 65 ILCS 5/11-15.1-1 through 15.1-5, inclusive, relating to amendment of annexation agreements, and the Home Rule powers granted to the Village by the Illinois Constitution, the parties hereto wish to enter into a binding agreement to amend certain provisions of the Original Agreement, as authorized by the provisions of said statutes; and WHEREAS, the Corporate Authorities of the Village, after due deliberation have, by ordinance duly adopted, approved this Amendment and have directed the President and Clerk of the Village to execute this Amendment. Now, therefore, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. INCORPORATION OF PREAMBLES. The forgoing Preambles to this Amendment are incorporated herein by reference as though fully set forth herein verbatim. 2. AMENDMENT TO EXHIBIT C OF THE EXISTING AGREEMENT. Notwithstanding any Village ordinance or agreement now existing or hereafter adopted during the term of the Agreement to the contrary (including, without limitation, the Original Agreement), the parties hereto acknowledge and agree that Exhibit C to the Existing Agreement is amended as follows: 2.1 Section (2) (d) will remain as it appears in the Existing Agreement, but will be renumbered as Section (2) (e). 2.2 A new Section (2) (d) will be added to Exhibit C which will provide: "Unit 10 shall be zoned R-1 Low Density Single -Family Residence District with a Planned Development Special Use so as to allow development of Unit 10 in accordance with the plan attached hereto as Exhibit C-1 (the "Unit 10 Site Plan")." 2.3 Notwithstanding any requirements of Exhibit C to the contrary, the following bulk requirements for detached single family lots shall apply to lots within Unit 10: 2.3.1. The minimum lot width at the building setback line shall be no less than 62 feet. 2.3.2. The minimum lot size shall be no less than 7,440 square feet. -3- NVR - Business Use Only 2.3.3. The minimum yards shall be as follows: Front yard Interior side yard Corner side yard Rear yard Rear -to- Rear 25 feet 7 feet 20 feet 20 feet 40 feet 2.4 Notwithstanding any provision of Exhibit C or Exhibit H to the contrary, homes on lots within Unit 10 may be constructed in accordance with the design elements provided in Exhibit B to this Amendment. 2.5 Prior to approving the Unit 10 Site Plan, the Corporate Authorities conducted a review of the Unit 10 Site Plan and found it to be in accordance with Article IV, Chapter 9, of the Village of Plainfield Code of Ordinances, as modified by this Agreement. Accordingly, the Village shall approve any preliminary plan and/or any final plat for Unit 10 that is substantially in conformance with the Unit 10 Site Plan and following the execution of this Amendment no additional public hearing shall be required as a prerequisite for such approval(s). 3. General Provisions. 3.1 Except as expressly provided for herein, this Amendment shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. 3.2 This Amendment shall be enforceable in any court of competent jurisdiction by either party by an appropriate action at law or in equity to secure the performance of the covenants herein described. 3.3 Except for the provisions of this Amendment, all the terms, covenants and conditions of the Existing Agreement shall remain in full force and effect, and are not otherwise altered, amended, revised or changed. Village and Owner confirm and ratify the Existing Agreement and the actions taken pursuant to the Existing Agreement, except to the extent expressly modified by this Amendment. In the event of any conflict between this Amendment and any other provision in the Existing Agreement or the ordinances of the Village, the provisions of this Amendment shall prevail to the extent of any such conflict or inconsistency. 3.4 If any provision of this Amendment is held invalid, the Village shall immediately make a good faith effort to take such action as may be necessary to readopt or reaffirm this Amendment or any underlying resolution or ordinance in order to cure such invalidity. If after such actions by the Village a provision of this Amendment is held invalid the Village shall take all such actions as may be necessary to provide Owner the practical benefits and realize the intent of this Amendment. Notwithstanding any determination that a specific section of this Amendment is invalid, the remainder of the Amendment shall remain in full force and effect. 3.5 This Amendment may be executed in counterparts, each of which shall be an original and all of which counterparts taken together shall constitute one and the same agreement. -4- NVR - Business Use Only IN WITNESS WHEREOF, the Corporate Authorities and Owner have caused this instrument to be executed by their respective proper officials, duly authorized to execute the same, on the day and year first above written. [SIGNATURE PAGES FOLLOW' -5- NVR - Business Use Only SIGNATURE PAGE TO AMENDMENT TO ANNEXATIONAGREEMENT VILLAGE: VILLAGE OF PLAINFIELD, an Illinois}nur cipal corp5ation By Attest: Village Clerk STATE OF ILLINOIS ) //,,11 ss. W COUNTY OF l I f ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify that �ic�►�el P. Cott nS , President of the Village of Plainfield, Illinois, and Pi l c{i elk G, t , Village Clerk of the Village of Plainfield, Illinois, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Village Clerk respectively, appeared before me this day in person and acknowledged that they signed and delivered the same instrument as their own free and voluntary and as the free and voluntary act of said Municipal Corporation, for the uses and purposes therein set forth, pursuant to authority given by the Village Board, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this t911 day of )Weyyi /ee' , 2020. My commission expires: /- Da,=, Notary Publ OFFICIAL SEAL CLAUDINE J. DAVID Notary Public - State of Illinois My Commission Expires 1/04/2022 NVR - Business Use Only SIGNATURE PAGE TO AMENDMENT TO ANNEXATION AGREEMENT OWNER: OA PLAINFIELD (CHICAGO) ASLI VI, L.L.L.P. a Delaware limited liability limited partnership By: Avanti Properties Group II, L.L.L.P., a Delaware limited liability limited partnership, its sole general partner By: Avanti Management Corporation, a Florida corporation, its sole general partner By: Marvin Shapiro, President STATE OF Oyu.40.- ss. COUNTY OF OyaAoe.. I, the undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify that Marvin Shapiro, President of Avanti Management Corporation, sole general partner of Avanti Properties Group II, L.L.L.P., the sole general partner of OA Plainfield (Chicago) ASLI VI, L.L.L.P., a Delaware limited liability limited partnership, personally known to me to be the same person whose names is subscribed to the foregoing instrument as such President, appeared before me this day in person and acknowledged that he signed and delivered the same instrument as his own free and voluntary and as the free and voluntary act of said limited liability company, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this 3o day of OCR Isof , 2020. My commission expires: 11 Notary Public Notary Public: State of Florida Shannon Kaitland Staunton My Commission GG 177680 Expires 01(22/2022 -7-  . " " " - s s NVR - Business Use Only EXHIBIT A LEGAL DESCRIPTION OF UNIT 10 [Insert] CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. CCHI2001400LD SCHEDULE A (continued) 5. The Land is described as follows: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 20, TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE WESTERLY LINE OF THE RESUBDIVISION OF LOTS 11 AND 12 IN PINE CONE WOODS, BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 20, TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 30, 2001 AS DOCUMENT NUMBER R2001-098310, SAID WESTERLY LINE ALSO BEING COINCIDENT WITH THE CENTER OF THE DUPAGE RIVER, AND LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 20; THENCE NORTH 01 DEGREES, 55 MINUTES, 08 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHEAST 1/4, 1425.67 FEET TO THE SOUTH LINE OF THE NORTH 1185.50 FEET OF SAID SOUTHEAST 1/4 (AS MONUMENTED AND OCCUPIED) FOR A POINT OF BEGINNING; THENCE NORTH 88 DEGREES, 40 MINUTES, 53 SECONDS EAST, 996.42 FEET ALONG SAID SOUTH LINE OF THE NORTH 1185.50 FEET OF SAID SOUTHEAST 1/4 (AS MONUMENTED AND OCCUPIED) TO THE WESTERLY LINE OF SAID RESUBDIVISION OF LOTS 11 AND 12 IN PINE CONE WOODS FOR THE TERMINUS OF SAID LINE, EXCEPTING THEREFROM THE WEST 238 FEET OF THE NORTH 148 FEET, AND EXCEPTING FROM THE ABOVE DESCRIBED TRACT THOSE PARTS PLATTED AS SPRINGBANK OF PLAINFIELD UNITS 1, 2 AND 3, IN WILL COUNTY, ILLINOIS. END OF SCHEDULE A This page is only a part of a 2016 ALTA& Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (08/01/2016) Printed: 03.10.20 @ 12:49 PM Page 3 IL-CT-FA83-02100.231406-SPS-1-20-CCH1200140OLD NVR - Business Use Only EXHIBIT B UNIT 10 CONSTRUCTION / DESIGN STANDARDS A.) Product Floor Plan Name Square Feet Bedrooms Bath Single Story Grand Bahama 1365 3 2 Yes Grand Bahama Slab 1337 3 2 Yes Grand Cayman 1585 3 2 Yes Grand Cayman Slab 1553 3 2 Yes Dominica Spring 1720 3 2 Yes Dominica Spring Slab 1694 3 2 Yes Eden's Cay 1723 3 2 Yes Eden's Cay Slab 1696 3 2 Yes B.) The builder will designate lots 1-9 and 45-50 as key lots and provide two (2) rear yard trees in each of these designated lots provided a landscaping berm or common area landscaping along these lots is not provided in a final design. C.) One-story residences will have a minimum of 1337 ft2. D.) The exterior elevation may consist of vinyl so long as each residence will have a minimum of a stone or brick watertable on the front elevation. E.) A minimum of 6" gable overhangs to be built on each elevation. F.) Covenants: Recorded covenants will provide as follows: a. A limitation to one-story homes b. A maximum square footage of 2,400 ft2 c. No sheds, no pools, trampolines, basketball hoops, or physical fencing (invisible fencing is acceptable) allowed due to HOA maintenance. Patios, decks, and pergola -like structures on same are allowed subject to HOA approval. d. Maintenance provided by the Homeowner's Association is required (lawn mowing and snow removal only — home is maintained by owner). G.) Landscaping: The builder will comply with Item 14 Forestation within the Annexation Agreement. In the event of any conflict between this Amendment and a current Village Ordinance, this Amendment will be the controlling document. CHICAGO/# 1871311.7 NVR - Business Use Only EXHIBIT C-1 UNIT 10 SITE PLAN [Insert] 4818-8496-7363, v. 5 CHICAGO/#1871311.7 STORMwATER MANAGEMENT FAIXITY STORMWATER MANAGEMENT FAGNITY SPRINGBANK UNIT 10 TOTAL - 107 LOTS MIN. LOT SIZE: 132. S 120' CEMCON, Ltd.