Sample Annexation Agreement (Developer-Oriented)

• Author: David L. Callies/Daniel J. Curtin Jr./Julie A. Tappendorf
• Pages: 287-295

XIV. SAMPLE ANNEXATION AGREEMENT

(DEVELOPER-ORIENTED)

THIS AGREEMENT is made and entered into as of the day of ,

_____, and is by and between the TOWN OF __________, an Illinois home

rule unit of local government and municipal corporation, _______ County,Illi-

nois (the “Town”) and ________________ (“Owner”).

RECITALS:

A. Owner is the owner of record of certain real property consisting of ap-

proximately ______ acres, which property is generally depicted on Exhibit A

attached hereto, and is legally described on Exhibit B attached hereto (the

“Property”).

B. The Property is currently located in unincorporated __________ County

and is occupied, in part, with Owner’s tire manufacturing plant buildings and

related ancillary structures and facilities, including, without limitation, indoor

and outdoor storage, utilities, and parking areas (the “Existing Facilities”).

C. Pursuant to the provisions of Section 7-1-8 of the Illinois Municipal

Code, 65 ILCS 5/7-1-8, Owner has filed with the TownClerk a voluntary peti-

tion for annexation of the Property executed by the owner of record of the Prop-

erty, conditioned upon the execution of a mutually acceptable annexation

agreement.

D. The Corporate Authorities, after due and careful consideration, have con-

cluded that the annexation of the Property to the Town,on the terms and condi-

tions hereinafter set forth, will further the orderly growth of the Town,increase

its tax assessable values, and be in the best interests of the Town.

E. Pursuant to the provisions of Sections 11-15.1-1 et seq., of the Illinois Mu-

nicipal Code, 65 ILCS 5/11-15.1-1 et seq., and pursuant to the other powers and

authorities of the Town,a proposed agreement, the same in form and substance

as this Agreement, was submitted to the TownAuthorities and a public hearing

was held thereon pursuant to notice as provided by statute and ordinance.

F. Pursuant to notice as required by statute and ordinance, a public hearing

has been held by the Town’s Planning Commission with regard to the zoning

map amendments described in Section II of this Agreement, and with regard to

all other matters herein requiring Planning Commission consideration, and the

Planning Commission has submitted its recommendation for approval to the

Corporate Authorities.

G. Each township highway commissioner, township trustee, fire protection

district, library district, and other entity or person entitled to notice prior to the

actions contemplated herein has been given notice thereof by the Town as re-

quired by law.

H. This Agreement is made pursuant to and in accordance with the provi-

sions of Sections 11-15.1-1, et seq., of the Illinois Municipal Code, 65 ILCS

5/11-15.1-1 et seq., the Town’s home rule powers, and pursuant to such other

powers as may be accorded to the Townunder the ordinances, laws, codes, reg-

ulations, and requirements of the Town (the “Town Codes”) and the laws, stat-

utes, and constitutions of the State of Illinois and the United Statesof America.

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APPENDICES