R2004-92 SCHEDULING PUBLIC HEARING FOR PROPOSED ANNEXATION AGREEMENT

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1. STATUTORY AUTHORITY. The parties hereto enter into this Agreement pursuant to and in accordance with the applicable provisions of the Illinois Municipal Code (65 ILCS 5/ 11-15.1 et seq.) and the codes and ordinances of the City. 2. ANNEXATION. (a) The Owner has filed with the City Clerk a Petition for Annexation of the Subject Property to the City conditioned upon the terms and provisions of this Agreement, which Petition has been prepared, executed and filed in accordance with the Illinois Municipal Code (65 ILCS 5/7-1-1 et seq.) and the requirements of the City. A copy of said Petition is attached hereto as Exhibit B and made a part hereof. The Owner has paid all fees and deposits required for such annexation. (b) The Owner has also filed with the City Exhibit A as a preliminary plat of subdivision of the Subject Property. (c) The City hereby agrees to annex the Subject Property to the corporate limits of the City in accordance with the applicable provisions of the Illinois Municipal Code (65 ILCS 5/7-1-1 et seq.) and the terms and conditions hereof. 3. ZONING. The Subject Property shall be zoned "R-1 Single Family Residence District", in accordance with the provisions of the City's Zoning Ordinance (Ordinance No. 3512, as amended). ' 4. SUBDIVISION The preliminary plat of subdivision of the Subject Property, attached hereto as Exhibit A, is hereby approved as a preliminary plat thereof for all purposes of the City's Subdivision Ordinance, with the variations therefrom as set out herein. 5. VARIATIONS. The following described variations from the Subdivision Ordinance are hereby expressly authorized for the Subject Property: � (a) The right-of-way for streets within the Subject Property shall be private with a gate at the entrance that limits access to landowners and invitees, and the City shall have no responsibility or liability for said streets. - - (b) The lighting for the streets within the Subject Property shall " be privately owned by the Owner and/or its successors and assigns, and the City shall have no responsibility or liability for the installation and maintenance costs associated with the lighting. (c) Sidewalks shall be required on only one side of a street, and the sidewalk shall be four feet wide and constructed of concrete that is five inches thick. Sidewalks must be installed prior to the issuance of a Certificate of Occupancy for the lot where the sidewalk is located. 2 .