Legislation Details

File #: ORD24-1922    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 6/20/2024 In control: Village Board
On agenda: 6/26/2024 Final action: 6/26/2024
Title: An Ordinance Authorizing the Execution of an Annexation and Development Agreement for Edward Rose Properties, Incorporated
Sponsors: Rich Vogel
Attachments: 1. ORD24-1922 Exhibit A_Legal Description of the Territory, 2. ORD24-1922 Exhibit B_Legal Description of the Annexation property, 3. ORD24-1922 Group Exhibit C, 4. ORD24-1922 Exhibit C-1_Project Summary and Alternative Plans C-1a and C-1b, 5. ORD24-1922 Exhibit C-2_Lanscaping and Pond Plans, 6. ORD24-1922 Exhibit C-3_ Exceptions List, 7. ORD24-1922 Exhibit C-4_Village Acquisition Parcel -Robinson, 8. ORD24-1922 Exhibit C-5_Description of Owner Conveyance Parcel, 9. ORD24-1922 Exhibit C-6_Stormwater Management and Landscape Plan, 10. ORD24-1922 Exhibit C-6a_Legal Description of Conveyance Property at NWC of Territory, 11. ORD24-1922 Exhibit C-7_Roadways to be Constructed Within the Territory, 12. ORD24-1922 Exhibit C-7a_Pubic Water and Sewer Mains and Sewer Lift Station to be Dedicated to the Village, 13. ORD24-1922 Exhibit C-8_Weber Road Connection on Village Acquisition Parcel, 14. ORD24-1922 Exhibit C-9_Weber and Romeo Road Improvements, 15. ORD24-1922 Exhibit C-10_Utilty Plan, 16. ORD24-1922 Exhibit C-11_Lift Station Depiction, 17. ORD24-1922 Exhibit C-12_Off-site Sidewalk Improvements South of Territory, 18. ORD24-1922 Exhibit C-13_Multi-use Path Improvements, 19. ORD24-1922 Exhibit C-14_Stormwater and Private Roads Maintenance Agreement, 20. ORD24-1922 Exhibit C-15_Construction Phasing Plan, 21. ORD24-1922 Edward Rose - Romeoville Annexation and Development Agreement 6-17-24

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An Ordinance Authorizing the Execution of an Annexation and Development Agreement  for Edward Rose Properties, Incorporated

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                     WHEREAS, Edward Rose Properties, Inc., a Michigan corporation (“Edward Rose”), is the contract purchaser and will upon the closing of its purchase agreement be the owner of certain real property and has caused or will cause a petition to be filed with the Village of Romeoville to annex the presently unincorporated portion of such real property into the corporate limits of the Village, such property being legally described on Exhibit A hereto, a copy of which is attached and made part hereof; and 

 

                     WHEREAS, Edward Rose, upon the annexation of the property described in Exhibit A and its acquisition of the same, shall develop the same in accordance with the provisions of the annexation and development agreement set forth in Exhibit B, together with the property subject to the said agreement that is presently incorporated within the corporate limits of the Village and subject to the agreement set forth in Exhibit B; and

                     

                     WHEREAS, the statutory procedures provided for by 65 IL CS 5/11-15.1-1 et seq. required prior to the approval and execution of the annexation agreement, including requisite notice, and hearing requirements, have been fully satisfied; and,

 

                     WHEREAS, the corporate authorities of the Village have determined that it is in the best interest of the Village to enter into the annexation agreement attached hereto as Exhibit B with Edward Rose for the annexation and development of the real property described in Exhibit A, subject to the conditions hereinafter set forth in this ordinance.

 

                     NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE VILLAGE OF ROMEOVILLE, WILL COUNTY, ILLINOIS; THAT:

 

                     SECTION 1:  RECITALS.  The foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein.

                     SECTION 2:  AUTHORIZATION.  The Village President and Village Clerk are hereby authorized and directed to execute and attest to the execution of an annexation agreement substantially in the form attached as Exhibit B, provided, however, that the authorization and approvals herein contained shall be subject to final review and approval by the Village Manager and the Village Attorney of the Annexation Agreement attached hereto as Exhibit B and of all supporting and ancillary documentation and exhibits related thereto or incorporated therein by attachment or reference, provided, however, that the authorization and direction herein provided shall be subject to the Village’s prior receipt, on or before October 1, 2024, of a copy of this Agreement executed by Edward Rose, together with proof reasonably satisfactory to the Village of Edward Rose’s acquisition and ownership of the property described in Exhibit A.  In the event that a copy of the annexation agreement attached as Exhibit B and with proof reasonably satisfactory to the Village of Edward Rose’s acquisition and ownership of the property described in Exhibit A are received by the Village on or before October 1, 2024, then the Village President and Village Clerk shall at such time execute and attest to the execution of the annexation agreement attached as Exhibit B.

SECTION 3:  SEVERABILITY.  That the various provisions of this Ordinance are to be considered severable and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance.

 

                     SECTION 4:  CONFLICTS.  All prior Ordinances and Resolutions, or parts thereof in conflict or inconsistent with this Ordinance are hereby expressly repealed only to the extent of such conflict or inconsistency. 

 

                     SECTION 5: EFFECTIVE DATE.  This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law, until October 1, 2024, during which time this Ordinance and its Exhibits shall not be amended, modified, repealed, reconsidered, rescinded, or otherwise altered in any way.  After October 1, 2024, in the event that the annexation agreement attached as Exhibit B has not then been fully executed by the Village and Edward Rose, this Ordinance shall be null and void and of no further force or effect.