CITY OF WARRENVILLE DU PAGE COUNTY, ILLINOIS ORDINANCE NO ORDINANCE APPROVING PRE-ANNEXATION AGREEMENT (JUSTIN MASON 29W602 BUTTERFIELD ROAD)

Transcription

1 CITY OF WARRENVILLE DU PAGE COUNTY, ILLINOIS ORDINANCE NO ORDINANCE APPROVING PRE-ANNEXATION AGREEMENT (JUSTIN MASON 29W602 BUTTERFIELD ROAD) WHEREAS, Justin R. Mason (the Owner ) of property commonly known as 29W602 Butterfield Road and legally described as follows: LOT 31 IN TAYLOR AND POWER S GARDEN ACRES, BEING A SUBDIVISION IN THE NORTH HALF OF SECTION 34 TOWNSHIP 39 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 19, 1926 AS DOCUMENT , IN DU PAGE COUNTY ILLINOIS. P.I.N.: (the Subject Property ); and WHEREAS, the and the Owner wish to enter into a binding agreement (the Pre-Annexation Agreement ) with respect to annexation, zoning and development of the Subject Property, and to other related matters, pursuant to the provisions of Division 15.1 of Article Eleven of Chapter 65 of the Illinois Compiled Statutes, upon the terms and conditions contained in said agreement; and and WHEREAS, an annexation petition has been filed by the Owner of the Subject Property; WHEREAS, the Subject Property is not presently contiguous to the City, and none of the Subject Property is presently within the corporate limits of any other municipality; and WHEREAS, all public hearings as required by law have been held by the different departments, commissions, boards, and other governmental bodies of the City, and each has submitted various reports and recommendations, or both, required of them; and WHEREAS, the Owner had requested that the City grant a driveway width variation in conjunction with the Pre-Annexation Agreement, and the Zoning Board of Appeals has recommended denial of the variation request; and WHEREAS, the annexation of the Subject Property to the City at the time it becomes contiguous will be beneficial to the City, will properly and beneficially extend the corporate limits and the jurisdiction of the City, will permit the sound planning and development of the City, and will otherwise promote the proper growth and general welfare of the City; and

2 WHEREAS, the Mayor and the find that the zoning and development of the Subject Property as proposed in said Pre-Annexation Agreement will be beneficial to the City and that it is in the best interests of the City to enter into said Pre-Annexation Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF WARRENVILLE, DU PAGE COUNTY, ILLINOIS, AS FOLLOWS: SECTION ONE: The foregoing recitals shall be, and they are hereby, incorporated as findings of fact as if fully set forth herein. SECTION TWO: The Pre-Annexation Agreement attached hereto as Exhibit 1 and made a part hereof shall be and is hereby approved, and the Mayor is hereby authorized and directed to execute and the City Clerk is hereby authorized and directed to attest said Pre-Annexation Agreement in substantially the form attached hereto as Exhibit 1. SECTION THREE: This Ordinance shall be in full force and effect from and after its passage, by a vote of at least two-thirds of the aldermen of the City Council, and approval in the manner provided by law. PASSED (2/3 OF ALDERMEN) THIS day of, AYES: NAYS: ABSENT: APPROVED THIS day of, ATTEST: MAYOR CITY CLERK ATTACHMENT: EXHIBIT 1: Pre-Annexation Agreement JM/177827\REV10/8/15-2-

3 PRE-ANNEXATION AGREEMENT BETWEEN JUSTIN MASON AND THE CITY OF WARRENVILLE FOR PROPERTY LOCATED AT 29 W 602 BUTTERFIELD ROAD, WARRENVILLE, ILLINOIS THIS AGREEMENT made and entered into this day of, 2015, between the CITY OF WARRENVILLE, an Illinois municipal corporation, located in DuPage County, Illinois (hereinafter referred to as the City ), and Justin R. Mason (hereinafter referred to as the Owner ). WITNESSETH: WHEREAS, the Owner owns the property commonly known as 29 W 602 Butterfield Road, Warrenville, Illinois, and legally described in Exhibit A attached hereto and made part hereof and illustrated on the Plat of Survey attached hereto and made part hereof as Exhibit B (hereinafter referred to as the Subject Property ), which property is subject to this Pre-Annexation Agreement; and WHEREAS, the Subject Property is not presently contiguous to the City, and none of said property is presently within the corporate limits of any other municipality; and WHEREAS, all parties wish to enter into a binding agreement with respect to said annexation, zoning and development, and to other related matters pursuant to the provisions of Division 15.1 of Article Eleven of Chapter 65 of the Illinois Compiled Statutes, upon the terms and conditions contained in this Agreement; and WHEREAS, all public hearings as required by law have been held by the different departments, commissions, boards, and other governmental bodies of the City, and each has submitted various reports and recommendations, or both, required of them; and

4 Pre-Annexation Agreement WHEREAS, the annexation of the Subject Property to the City at the time it becomes contiguous will be beneficial to the City, will properly and beneficially extend the corporate limits and the jurisdiction of the City, will permit the sound planning and development of the City, and will otherwise promote the proper growth and general welfare of the City; and WHEREAS, the corporate authorities of the City have been authorized to execute this Agreement; NOW, THEREFORE, for and in consideration of the mutual covenants, promises, and agreements hereinafter set forth, and the foregoing preambles, which are incorporated herein, the parties hereto agree as follows: 1. The Owner has filed with the City Clerk of the City a duly executed petition, pursuant to and in accordance with the provisions of Section 5/7-1-8 of Chapter 65, Illinois Compiled Statutes, to annex the Subject Property to the City. It is expressly understood and agreed, however, that the action of the City with respect to said petition of the Owner for the annexation of the Subject Property shall be, and hereby is, made expressly contingent on the Subject Property being legally contiguous to the City at the time of said annexation and expressly contingent upon said property being validly zoned and classified under the applicable ordinances of the City, and all as hereinafter provided. 2. The City herby agrees to annex the Subject Property upon the terms and conditions of this Agreement. 3. Upon the Subject Property becoming contiguous to the City, the City hereby agrees to adopt the necessary ordinance to zone the Subject Property R-4, Medium-High Density Single Family Residential District. Future development of the - 2 -

5 Pre-Annexation Agreement Subject Property shall be subject to all codes and ordinances of the City in effect at the time of development, pursuant to paragraph 5 herein. 4. This agreement shall expire on, 2035 (twenty (20) years from the date of execution). 5. The Owner agrees that all use, development, and construction on the Subject Property shall comply in all respects with the provisions in the Building, Plumbing, Electrical, Fire Prevention, Zoning and Development Codes of the City and all other germane codes and ordinances of the City in effect on the date that a specific use occurs or an application for a building permit for such development or construction is filed with the City. The Owner shall provide the City with a copy of DuPage County building permit(s) for the Subject Property immediately upon issuance. Except as hereinafter provided, the Owner further agrees that the Subject Property will be subject to the Warrenville City Code and ordinances and all subsequent amendments thereto, as they may from time to time apply to the Subject Property. Upon annexation, the Owner shall, within period of 6 months thereafter, bring the driveway on the Subject Property into compliance with Table 5G of the Warrenville Zoning Ordinance, which requires the driveway to have a 10 foot minimum width at the property line of the Subject Property itself. 6. This Agreement shall inure to the benefit of, and be binding upon, the successors in title of the Owner and each of them, their respective successors, grantees, lessees, and assigns, and upon successor corporate authorities of the City and successor municipalities. It is understood that this Agreement shall run with the land and, as such, shall be assignable to and binding upon subsequent grantees, lessees, and successors in - 3 -

6 Pre-Annexation Agreement interest of the Owner, and each of them, and, as such, this Agreement and all exhibits hereto shall be recorded with the Recorder of Deeds of DuPage County, Illinois. 7. The Owner agrees to file for a permit to connect the Subject Property to the water system of the City. The Owner agrees to pay all costs and fees associated with the construction of water service line extensions necessary to connect the plumbing service of any structure to the City water main. 8. The Owner further agrees to connect onto the City water system within one (1) year and agrees that all taps or connection onto the City water shall be subject to assessment of the City s standard tap-on fees, as existing on the date that the tap-on is made. 9. The Owner agrees to disconnect, seal, cap and terminate the use of the existing water well on the Subject Property in accordance with the regulations of the DuPage County Health Department and the Illinois Environmental Protection Agency. 10. The Owner agrees to authorize the City to install water meter(s) and acknowledge the City s right to inspect, read, etc. the meter(s) for the purpose of billing. Water rates shall be assessed at the City s standard rates. 11. The Owner agrees to pay legal cost and any other fees, which are customarily associated with the process of annexing unincorporated territory by the City. 12. The Owner agrees to pay for attorneys costs, development review fees, and any other fees, which are normally and customarily associated with the review and approval of an Annexation Agreement for the annexation of unincorporated territory

7 Pre-Annexation Agreement 13. The Owner of the Subject Property agrees to defend and hold harmless the City from any and all claims, which may arise out of said Owner s construction activities under this agreement. 14. In the event that, as a result of this Agreement, or actions taken as required hereunder, the City is made a party defendant in any litigation arising by reason of this Agreement, or the construction and development activities contemplated hereunder, the Owner agrees to defend and hold harmless the City, the Mayor, the Alderman, Officers and Agents thereof, individually and collectively, from any suits and from any claims, demands, setoff or other action including but not limited to judgments arising therefrom. The obligation of the Owner hereunder shall include and extend to payment of reasonable attorneys fees for the representation of the City and its said officers and agents in such litigation and includes expenses, court costs and fees; it being understood that the Owner shall have the right to employ all such attorneys to represent the City and its officers and agents in such litigation, subject to the approval of the corporate authorities of the City, which approval shall not be unreasonably withheld. The Owner shall have the right to appeal to the courts of appellate jurisdiction any judgment taken against the City or its officers or agents in this respect, and the City shall join in any such appeal taken by the Owner. 15. It is agreed that the parties hereto may in law or in equity, by suit, action, mandamus, or any other proceeding, including specific performance, enforce or compel the performance of this Agreement, which shall include the right of the parties to recover a judgment for monetary damages against each other, provided, however, that the Owner shall not have a right to recover a judgment for monetary damages against any elected or - 5 -

8 Pre-Annexation Agreement appointed official of the City for any breach of any of the terms of this Agreement. The City reserves the right to maintain an action to recover damages or any sums which the Owner has agreed to pay pursuant to this Agreement and which have become due or remain unpaid. 16. The agreements contained herein shall survive the annexation of the Subject Property and shall not be merged or expunged by the annexation of the Subject Property or any part thereof to the City. 17. The parties acknowledge and agree that the individuals who are members of the group constituting the corporate authorities of the City are entering into this Agreement in their corporate capacities as members of such group and shall have no personal liability in their individual capacities. 18. Notices or other writings which any party is required to or may wish to serve upon any other party in connection with this Agreement shall be in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the City: 28 W 701 Stafford Place Warrenville, Illinois Attention: City Administrator With a copy to: David J. Freeman, City Attorney Tressler LLP 305 West Briarcliff Road P.O. Box 1158 Bolingbrook, Illinois

9 Pre-Annexation Agreement If to the Owner: Justin R. Mason 29 W 602 Butterfield Road Warrenville, Illinois or to such other address as any party may from time to time designate in a written notice to the other party. 19. If any provision, clause, word or designation of this Agreement is held to be invalid by any court of competent jurisdiction, such provision, clause, word or designation shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any other provision, clause, word, or designation contained herein. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their proper officers duly authorized to execute same, the day and year first above written. OWNER: Justin R. Mason ATTEST: City Clerk JM\177673v6\REV10/6/15 CITY OF WARRENVILLE Mayor David Brummel - 7 -

10 Pre-Annexation Agreement EXHIBIT A Legal Description: OF LOT 31 IN TAYLOR AND POWER S GARDEN ACRES, BEING A SUBDIVISION IN THE NORTH HALF OF SECTION 34 TOWNSHIP 39 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 19, 1926 AS DOCUMENT , IN DU PAGE COUNTY ILLINOIS. Address: 29 W 602 Butterfield Road Warrenville, IL P.I.N:

11 EXHIBIT B

12 PROJECT No PLAN COMMISSION/ZONING BOARD OF APPEALS COMMUNITY DEVELOPMENT DEPARTMENT STAFF REVIEW September 24, 2015 JUSTIN MASON, 29 W 602 BUTTERFIELD ROAD FUTURE REZONING FROM R-1 TO R-4 AND DRIVEWAY SETBACK VARIANCE INTRODUCTION: In this case, Justin R. Mason (the Applicant ), the owner of the property at 29W602 Butterfield Road (the Subject Property ), is requesting approvals of (i) future rezoning of the Subject Property from R-1 Low Density Single Family Residential District upon annexation into R-4 Medium-High Density Single Family Residential District, and (ii) future zoning variation from Table 5G: Driveway Standards of the Zoning Ordinance #1018 to reduce the minimum width of residential driveway at the property line from ten to approximately seven feet. These requests are associated with the proposed Pre-Annexation Agreement between Justin R. Mason and the, which would allow the property at 29W602 Butterfield Road to be annexed into the subject to certain conditions. The Subject Property is currently zoned R-3 Single Family residential in Unincorporated DuPage County and is improved with single-family residential house. BACKGROUND: The proposed pre-annexation agreement would enable the Applicant to connect his property to the water system prior to his property actually being annexed into the City of Warrenville. While his property is adjacent to existing water main, it is not contiguous to the current corporate limits of the. According to the Section I.B.4. of the Warrenville Zoning Ordinance, any parcel of land annexed to the City shall upon annexation be classified in the R-1 Single Family Residential District. The Subject Property is approximately 10,980 square feet in area and 60 feet in width, and therefore does not meet the minimum requirements of the R-1 Zoning District (40,000 square feet lot size and 140 feet lot width). The Subject Property lot size and width are consistent with the minimum requirements of the City s R-4 Medium-High Density Single Family Residential District. With the exception of the reduced driveway width, all existing improvements on the Subject Property are in compliance with the Warrenville Zoning Ordinance requirements. The existing driveway is approximately seven feet wide at the front property line, which requires a variance from the ten-foot minimum width requirement. The City Attorney has recommended the Applicant petition and the Plan Commission/Zoning Board of Appeals conduct a formal Public Hearing and make recommendations on the future rezoning of the Subject Property to the R-4 and future zoning variation for reduced driveway width prior to the City Council reviewing and taking any action on the proposed pre-annexation agreement.

13 29W602 Butterfield Road - Mason Community Development Staff Report Page 2 of 5 September 24, 2015 ANALYSIS: The following documents have been reviewed by the Community Development Department and are the basis for the information included in this report: 1. Location Map, attached as Exhibit Petition for Annexation, Exhibit Proposed Pre-Annexation Agreement Draft, Exhibit Plat of Survey prepared by Harold Steinbrecher, dated February 15, 1990, Exhibit 4. Additional copies of any or all of these documents are posted on the City website at and available upon request at the Community Development Department. A public hearing for these rezoning and variance requests will be held at the September 24, 2015, Plan Commission/Zoning Board of Appeals meeting. The legal notice for the Public Hearing was published in the Daily Herald newspaper on September 9, This staff report does not currently reflect any public input and therefore should be reviewed with this fact in mind. Any additional information concerning the application that might be provided at the September 24, 2015, public hearing needs to be reviewed by staff before a revised recommendation can be made. The attached draft Pre-Annexation Agreement was prepared by City Staff and is consistent in form with other similar pre-annexation agreements the City has executed. According to the Pre- Annexation Agreement, the property will be annexed into the City once it becomes contiguous to the corporate limits of the. 1. Rezoning According to Table 7B of the Zoning Ordinance, In recommending approval or conditional approval of a map amendment (rezoning), the Plan Commission shall transmit to the City Council written findings of fact that all of the conditions below apply to the application. (Staff s comments are in Italic): 1. Compatible With Use or Zoning of Environs The proposed use(s) or the uses permitted under the proposed zoning classification are compatible with existing uses or existing zoning of property in the environs. The Subject Property is improved with a single-family residential house and a detached garage. The property is surrounded by the residential properties zoned R-3 Single Family Residential in Unincorporated DuPage County. The Applicant is proposing to rezone the Subject Property to City of Warrenville R-4 Medium-High Density Single Family Residential District. 2. Supported by Trend of Development The trend of development in the general area since the original zoning of the affected property was established supports the proposed use of zoning classification. The proposed residential use of the Subject Property is consistent with the established residential uses on the surrounding properties.

14 29W602 Butterfield Road - Mason Community Development Staff Report Page 3 of 5 September 24, Consistent With Comprehensive Plan Objectives The proposed use or zoning classification is in harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any changed conditions since its adoption. The current Comprehensive Land Use Plan designates the Subject property for Single-family residential use with one to six dwelling units per acre density. The proposed use of the Subject Property would be in harmony with the Comprehensive Plan and consistent with existing uses and density in the general area. 4. Furthers Public Interest The proposed use or zoning classification promotes the public interest and not solely the interest of the applicant. It is believed that the proposed zoning classification and use promote the public interest and not solely the interest of the Applicant. It is important to note that THE PLAN COMMISSION MAKES RECOMMENDATIONS TO THE CITY COUNCIL ON REZONING REQUESTS. Based on the above-noted findings, staff recommends the Plan Commission recommend City Council approval of the requested future rezoning of the Subject Property from R1 to R4 upon annexation into the. 2. Variance According to Table 7A of the Zoning Ordinance, "In recommending or granting approval of a variance, the Board of Zoning Appeals and the City Council shall prepare written findings of fact that all of the conditions below apply to the application:" (Staff s findings are in bold italics): 1. Special Circumstances Special Circumstances exist relating to the physical character of the property that are peculiar to the property and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it practical to provide, in the form of an amendment to this Ordinance, a general rule to cover them. Special Circumstance in this case is the fact that the Applicant's existing driveway was built in 1975 under the DuPage County Ordinance, and is partially encroaching onto the adjacent to the west property by approximately three feet. Thus, although the driveway width on the Subject Property measures approximately seven feet, the total width of the driveway measured at the front property line is ten feet, which meets the minimum requirement of Table 5G: Driveway Standards of the Warrenville Zoning Ordinance. 2. Hardship or Practical Difficulties Because of these special circumstances, the literal application of the provisions of this Ordinance would, without a variance, result in unnecessary and undue hardship or practical difficulties for the applicant, as distinguished from mere inconvenience.

15 29W602 Butterfield Road - Mason Community Development Staff Report Page 4 of 5 September 24, 2015 The reduced width of the driveway on the Subject Property would allow the Applicant to maintain the existing driveway as originally constructed in The total driveway width would be ten feet at the front property line as required by the current provisions of the Zoning Ordinance. It is felt that the literal application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship for the Applicant and a practical difficulty would result if the requested variation were not approved. 3. Not Resulting from Applicant Action The special circumstances, practical difficulties, or hardship that are the basis for the variance have not resulted from any act, undertaken subsequent to the adoption of this Ordinance or any applicable amendment thereto, or any party with a present interest in the property. Considering that the improvements on the Subject Property were constructed in 1975 under the DuPage County regulations, it is not felt that special circumstances in this case are a result of the Applicant s actions. 4. Reasonable Use and Return Without the requested variance, the property cannot yield a reasonable return, or cannot be reasonably used consistent with the intent of the zoning district and the use of other properties therein, but the purpose of the variance is not otherwise to increase the return from the property or to confer special privileges not ordinarily enjoyed by other properties in the same district. The existing driveway would be maintained by the Applicant as constructed. Therefore, it is felt that the Applicant s proposal would allow for a reasonable use of the property. 5. Not Alter Local Character The variance will not alter the essential character of the locality or substantially impair public safety or welfare or property values in the area. Considering the fact that the driveway is existing and was constructed in 1975, it is not felt that the requested variance will alter the essential character of the locality or substantially impair public safety, welfare, or property values in the area. 6. Minimum Variance Needed The variance approved is the minimum required to allow reasonable use and enjoyment of the property. It is felt that the requested variance is the minimum required to allow reasonable use and enjoyment of the property, which would allow the homeowner to retain the existing driveway as constructed. It is important to note that THE ZONING BOARD OF APPEALS MAKES RECOMMENDATIONS TO THE CITY COUNCIL ON VARIATION REQUESTS. Based on the above-noted findings, staff recommends the Zoning Board of Appeals recommend City Council approval of the variation from Table 5G of the Zoning Ordinance #1018 to reduce the driveway width from ten to seven feet on the Subject Property as illustrated on the Exhibit 4.

16 29W602 Butterfield Road - Mason Community Development Staff Report Page 5 of 5 September 24, 2015 CONCLUSION: Based on the above noted findings, staff recommends: 1. the Plan Commission recommend City Council approval of the requested future rezoning of the property at 29W602 Butterfield Road to R-4 Medium-High Density Single Family Residential District upon annexation into the ; and 2. the Zoning Board of Appeals recommend City Council approval of the requested future variation from Table 5G of the Zoning Ordinance #1018 to reduce the driveway width from ten to seven feet on the Subject Property as illustrated on the Exhibit 4, upon annexation into the. EXHIBITS.

17 HOME AV Subject Property: 29W602 Butterfield Road BIRCHWOOD DR BUTTERFIELD RD 4 1 inch = 200 feet PATTERMAN RD

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20 PRE-ANNEXATION AGREEMENT BETWEEN JUSTIN MASON AND THE CITY OF WARRENVILLE FOR PROPERTY LOCATED AT 29 W 602 BUTTERFIELD ROAD, WARRENVILLE, ILLINOIS THIS AGREEMENT made and entered into this day of, 2015, between the CITY OF WARRENVILLE, an Illinois municipal corporation, located in DuPage County, Illinois (hereinafter referred to as the City ), and Justin R. Mason (hereinafter referred to as the Owner ). WITNESSETH: WHEREAS, the Owner owns the property commonly known as 29 W 602 Butterfield Road, Warrenville, Illinois, and legally described in Exhibit A attached hereto and made part hereof and illustrated on the Plat of Survey attached hereto and made part hereof as Exhibit B (hereinafter referred to as the Subject Property ), which property is subject to this Pre-Annexation Agreement; and WHEREAS, the Subject Property is not presently contiguous to the City, and none of said property is presently within the corporate limits of any other municipality; and WHEREAS, all parties wish to enter into a binding agreement with respect to said annexation, zoning and development, and to other related matters pursuant to the provisions of Division 15.1 of Article Eleven of Chapter 65 of the Illinois Compiled Statutes, upon the terms and conditions contained in this Agreement; and WHEREAS, all public hearings as required by law have been held by the different departments, commissions, boards, and other governmental bodies of the City, and each has submitted various reports and recommendations, or both, required of them; and

21 Pre-Annexation Agreement WHEREAS, the annexation of the Subject Property to the City at the time it becomes contiguous will be beneficial to the City, will properly and beneficially extend the corporate limits and the jurisdiction of the City, will permit the sound planning and development of the City, and will otherwise promote the proper growth and general welfare of the City; and WHEREAS, the corporate authorities of the City have been authorized to execute this Agreement; NOW, THEREFORE, for and in consideration of the mutual covenants, promises, and agreements hereinafter set forth, and the foregoing preambles, which are incorporated herein, the parties hereto agree as follows: 1. The Owner has filed with the City Clerk of the City a duly executed petition, pursuant to and in accordance with the provisions of Section 5/7-1-8 of Chapter 65, Illinois Compiled Statutes, to annex the Subject Property to the City. It is expressly understood and agreed, however, that the action of the City with respect to said petition of the Owner for the annexation of the Subject Property shall be, and hereby is, made expressly contingent on the Subject Property being legally contiguous to the City at the time of said annexation and expressly contingent upon said property being validly zoned and classified under the applicable ordinances of the City, and all as hereinafter provided. 2. The City herby agrees to annex the Subject Property upon the terms and conditions of this Agreement. 3. Upon the Subject Property becoming contiguous to the City, the City hereby agrees to adopt the necessary ordinance to zone the Subject Property R-4, Medium-High Density Single Family Residential District. Future development of the - 2 -

22 Pre-Annexation Agreement Subject Property shall be subject to all codes and ordinances of the City in effect at the time of development, pursuant to paragraph 5 herein. 4. This agreement shall expire on, 2035 (twenty (20) years from the date of execution). 5. The Owner agrees that all use, development, and construction on the Subject Property shall comply in all respects with the provisions in the Building, Plumbing, Electrical, Fire Prevention, Zoning and Development Codes of the City and all other germane codes and ordinances of the City in effect on the date that a specific use occurs or an application for a building permit for such development or construction is filed with the City. The Owner further agrees that the Subject Property will be subject to the Warrenville City Code and ordinances and all subsequent amendments thereto, as they may from time to time apply to the Subject Property. The Owner shall provide the City with a copy of DuPage County building permit(s) for the Subject Property immediately upon issuance. 6. This Agreement shall inure to the benefit of, and be binding upon, the successors in title of the Owner and each of them, their respective successors, grantees, lessees, and assigns, and upon successor corporate authorities of the City and successor municipalities. It is understood that this Agreement shall run with the land and, as such, shall be assignable to and binding upon subsequent grantees, lessees, and successors in interest of the Owner, and each of them, and, as such, this Agreement and all exhibits hereto shall be recorded with the Recorder of Deeds of DuPage County, Illinois. 7. The Owner agrees to file for a permit to connect the Subject Property to the water system of the City. The Owner agrees to pay all costs and fees associated with - 3 -

23 Pre-Annexation Agreement the construction of water service line extensions necessary to connect the plumbing service of any structure to the City water main. 8. The Owner further agrees to connect onto the City water system within one (1) year and agrees that all taps or connection onto the City water shall be subject to assessment of the City s standard tap-on fees, as existing on the date that the tap-on is made. 9. The Owner agrees to disconnect, seal, cap and terminate the use of the existing water well on the Subject Property in accordance with the regulations of the DuPage County Health Department and the Illinois Environmental Protection Agency. 10. The Owner agrees to authorize the City to install water meter(s) and acknowledge the City s right to inspect, read, etc. the meter(s) for the purpose of billing. Water rates shall be assessed at the City s standard rates. 11. The Owner agrees to pay legal cost and any other fees, which are customarily associated with the process of annexing unincorporated territory by the City. 12. The Owner agrees to pay for attorneys costs, development review fees, and any other fees, which are normally and customarily associated with the review and approval of an Annexation Agreement for the annexation of unincorporated territory. 13. The Owner of the Subject Property agrees to defend and hold harmless the City from any and all claims, which may arise out of said Owner s construction activities under this agreement. 14. In the event that, as a result of this Agreement, or actions taken as required hereunder, the City is made a party defendant in any litigation arising by reason of this Agreement, or the construction and development activities contemplated hereunder, the - 4 -

24 Pre-Annexation Agreement Owner agrees to defend and hold harmless the City, the Mayor, the Alderman, Officers and Agents thereof, individually and collectively, from any suits and from any claims, demands, setoff or other action including but not limited to judgments arising therefrom. The obligation of the Owner hereunder shall include and extend to payment of reasonable attorneys fees for the representation of the City and its said officers and agents in such litigation and includes expenses, court costs and fees; it being understood that the Owner shall have the right to employ all such attorneys to represent the City and its officers and agents in such litigation, subject to the approval of the corporate authorities of the City, which approval shall not be unreasonably withheld. The Owner shall have the right to appeal to the courts of appellate jurisdiction any judgment taken against the City or its officers or agents in this respect, and the City shall join in any such appeal taken by the Owner. 15. It is agreed that the parties hereto may in law or in equity, by suit, action, mandamus, or any other proceeding, including specific performance, enforce or compel the performance of this Agreement, which shall include the right of the parties to recover a judgment for monetary damages against each other, provided, however, that the Owner shall not have a right to recover a judgment for monetary damages against any elected or appointed official of the City for any breach of any of the terms of this Agreement. The City reserves the right to maintain an action to recover damages or any sums which the Owner has agreed to pay pursuant to this Agreement and which have become due or remain unpaid

25 Pre-Annexation Agreement 16. The agreements contained herein shall survive the annexation of the Subject Property and shall not be merged or expunged by the annexation of the Subject Property or any part thereof to the City. 17. The parties acknowledge and agree that the individuals who are members of the group constituting the corporate authorities of the City are entering into this Agreement in their corporate capacities as members of such group and shall have no personal liability in their individual capacities. 18. Notices or other writings which any party is required to or may wish to serve upon any other party in connection with this Agreement shall be in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the City: 28 W 701 Stafford Place Warrenville, Illinois Attention: City Administrator With a copy to: David J. Freeman, City Attorney Tressler LLP 305 West Briarcliff Road P.O. Box 1158 Bolingbrook, Illinois If to the Owner: Justin R. Mason 29 W 602 Butterfield Road Warrenville, Illinois or to such other address as any party may from time to time designate in a written notice to the other party

26 Pre-Annexation Agreement 19. If any provision, clause, word or designation of this Agreement is held to be invalid by any court of competent jurisdiction, such provision, clause, word or designation shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any other provision, clause, word, or designation contained herein. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their proper officers duly authorized to execute same, the day and year first above written. OWNER: Justin R. Mason CITY OF WARRENVILLE ATTEST: Mayor David Brummel City Clerk JM\177673v2\9/18/15-7 -

27 Pre-Annexation Agreement EXHIBIT A Legal Description: OF LOT 31 IN TAYLOR AND POWER S GARDEN ACRES, BEING A SUBDIVISION IN THE NORTH HALF OF SECTION 34 TOWNSHIP 39 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 19, 1926 AS DOCUMENT , IN DU PAGE COUNTY ILLINOIS. Address: 29 W 602 Butterfield Road Warrenville, IL P.I.N:

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