Ordinance 2008-009 Filed for Record in
KENDALL COUNTY► ILLINOIS
STATE OF ILLINOIS ) RENNETTA S NICKELSON
fi4- li -2i�ng At 02:54 am.
SS. ORDINANCE 50.00
COUNTY OF KENDALL ) RHSP Surcharge 10.01")
Ordinance No. 2008
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT
(Letterle Property)
WHEREAS, it is prudent and in the best interest of the United City of Yorkville, Kendall
County, Illinois, to enter into a certain Annexation Agreement pertaining to the annexation of
real estate described on Exhibit A attached thereto and made a part hereof; and,
WHEREAS, said Annexation Agreement has been reviewed, discussed and considered
by the City Council; and,
WHEREAS, the legal owners of record of the territory which is the subject of said
Agreement are ready, willing and able to enter into said Agreement and to perform the
obligations as required hereunder; and,
WHEREAS, the statutory procedures as set forth in 65 ILCS 11- 15.1.1, as from time to
time amended, pertaining to the approval and execution of annexation agreement have been fully
satisfied; and,
WHEREAS, the property is contiguous to the existing boundaries of the City.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville that the City Code of the City of Yorkville be amended as follows:
Section 1. The Mayor and City Council hereby approve the Annexation Agreement a
copy of which is attached to this Ordinance (the "Annexation Agreement"), pertaining to the real
estate legally described on Exhibit A also attached hereto.
Section 2. The Mayor and City Clerk are herewith authorized and directed to execute, on
behalf of the City, said Annexation Agreement and the Clerk is further directed to file said
Annexation Agreement with the Clerk of Kendall County.
Section 3. This Ordinance shall be in full force and effect immediately from and after its
passage and approval according to law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
�_ day of — , A.D. 2008.
City Cle1c
ROBYN SUTCLIFF (` JOSEPH BESCO
ARDEN JOE PLOCHER WALLY WERDERICH Q
v jV �
GARY GOLINSKI �— MARTY MUNNS U
ROSE SPEARS �� JASON LESLIE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this o?(o day of A.D. 2008.
/ /ZAt��� UA4
Mayor
2
Exhibit A
Legal Description
That part of the Northwest Quarter of Section 30, Township 37 North, Range 7 East of
the third principal meridian described as follows: Commencing at the Northwest Corner
00° 40'37" East, along the west line of said northwest quarter, 1543.21 feet to the
southwest corner of fox hill unit 7 for the point of beginning; thence south 80° 41'57"
East, along the south line of said fox hill unit 7 and said line extended, 803.80 feet to the
northwest corner of lot 214 of fox hill unit 4; thence south 00° 41'57" East, along the
west line of lots 208 through 214 in said fox hill unit 4, inclusive 615.20 feet to the
southwest corner of said lot 208; thence north 80° 41'57" west, 803.80 feet to the west
line of said northwest quarter; thence north 00° 40'37" west, along said west line, 615.20
feet to the point of beginning in Bristol Township, Kendall County, Illinois.
I
i
December 14, 2007
Revised January 14, 2008
STATE OF ILLINOIS )
)SS
COUNTY OF KENDALL )
ANNEXATION AGREEMENT OF
MARLO LETTERLE AND THE UNITED CITY OF YORKVILLE
This Annexation Agreement (hereinafter "Agreement "), is made and entered into this
c day of fE-6 , 2008, by and between the UNITED CITY OF YORKVILLE, a municipal
corporation, hereinafter referred to as "CITY" and MARLO LETTERLE, herein after referred to
as "OWNER ". CITY and OWNER, hereinafter referred to collectively as "PARTIES ".
WITNESSETH
WHEREAS, OWNER owns fee simple title to the real property which is legally
described in Exhibit "A" attached hereto, consisting of approximately 11 acres, more or less
(hereinafter "PROPERTY "); and
WHEREAS, it is the desire of OWNER to annex the subject real PROPERTY and to use
the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances
of the CITY;
WHEREAS, OWNER has requested that the PROPERTY be rezoned upon annexation
from R -1 to A -1 Agricultural Zoning as depicted on the Plat of Annexation attached hereto and
incorporated herein as Exhibit `B ",
WHEREAS, OWNER has requested a Special Use for `Riding academies and stables' be
approved for the PROPERTY as depicted by the drawing attached hereto and incorporated herein
by reference as Exhibit "C ".
WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its
development pursuant to the terms and conditions of this Agreement and the Ordinances of the
CITY; and
WHEREAS, the PARTIES have or will perform all acts and execute all documents
required by law to effectuate such annexation; and
WHEREAS, all notices required by law relating to the annexation of the PROPERTY to
the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable
provisions of the Illinois Compiled Statutes; and
1
WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly
held all public hearings relating to annexation all as required by the provisions of the CITY'S
Ordinances and Illinois Compiled Statutes; and
WHEREAS, in reliance upon the development of the PROPERTY in the manner
proposed, the PARTIES have agreed to execute all petitions and other documents that are
necessary to accomplish the annexation of the PROPERTY to the CITY; and
WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65
ILCS 5/11- 15.1 -1 through 15.1 -5 (2007), inclusive, relating to Annexation Agreements, the
PARTIES hereto wish to enter into a binding agreement with respect to the annexation and
zoning of the subject PROPERTY and to provide for various other matters related directly or
indirectly to the annexation of the PROPERTY, as authorized by, the provisions of said statutes;
and
NOW, THEREFORE, in consideration of the mutual covenants, agreements and
conditions herein contained, and by authority of and in accordance with the aforesaid statutes of
the State of Illinois, the parties agree as follows:
1. ANNEXATION.
OWNER has filed with the Clerk of the CITY a duly and properly executed
petition pursuant to, and in accordance with the provisions of 65 ILCS 5/7 -1 -1 et seq. to annex
the PROPERTY and any adjacent roadways not previously annexed to the United City of
Yorkville.
2. ZONING.
Contemporaneously with the Annexation of the subject PROPERTY, the CITY
shall adopt an ordinance amending the provisions of the United City of Yorkville
Zoning Ordinance so as to provide that the PROPERTY shall be classified as A -1
Agricultural with a Special Use for Riding academies and stables.
3. ANNEXATION TO SANITARY DISTRICT.
OWNER shall not be required to annex to the Yorkville - Bristol Sanitary District
until residential development takes place on the subject PROPERTY.
4. DONATIONS AND CONTRIBUTIONS.
A. In the event of residential development, the OWNER shall pay a School
2
Transition Fee as pursuant to the applicable City Ordinance to the CITY
for the benefit of the Yorkville Community School District #115,, and
other such fees to the United City of Yorkville in conformance with all
applicable City Ordinances. Said Transition, development, and other fees
shall be paid per residence concurrent with and prior to the issuance of
each building permit. Said fees are being paid voluntarily and with the
consent of OWNER based upon this contractual agreement voluntarily
entered into between the parties to this Agreement. The CITY agrees that
the amount of fees including, but not limited to water connection fees,
sewer connection fees, development fees, capital contribution fees and
School Transition fees to be paid by OWNER shall be assessed at the time
of approval of the final plat for the property by the United City of
Yorkville in accordance with the fees as of the date hereof and for a period
of five years as hereinafter provided in Paragraph B in effect. The
OWNER knowingly hereby waives any objection as to amount of the fees
to be assessed. No School Transition Fees, 'or School -Park Land Cash
Fees shall be charged on any of the subject PROPERTY so long as the
PROPERTY, in its entirety, is zoned as A -1 and used for agricultural and
the special use purposes under the terms of this Agreement.
B. OWNER shall pay all school and park land -cash fees or provide land
dedication as required under aforementioned City Ordinances if the
PROPERTY is developed for residential purposes. OWNER shall be
subject to all requirements under the City Ordinances in effect as of the
date of submittal of any final plat of the PROPERTY. Said requirements
shall be locked for a period of five (5) years thereafter. In the event of the
expiration of said five (5) year period OWNER and/or any DEVELOPER
shall pay all school and park land -cash fees or provide land dedication and
all other City development fees as required under the then existing City
Ordinances.
C. It is understood and agreed between the parties hereto that the
PROPERTY may continue to be used and occupied (without any change
or alteration) for the current farming uses and Special Use for Riding
academies and stables to allow for horse boarding and horse riding
lessons.
D. OWNER shall reimburse the CITY Three Thousand Four Hundred Sixty
Four Dollars and 95/100 ($3,464.95) upon development of the
PROPERTY at the time of approval of a Final Plat of subdivision of the
subject PROPERTY for the PROPERTY's proportion of the cost for the
Rob Roy Creek Flood Study conducted in 2002 which benefited this
PROPERTY by determining the flood plain location for the Rob Roy
Creek. It is understood by the PARTIES that this reimbursement amount
3
is based on a $5.29 /lineal foot rate calculated at the time the study was
prepared.
The OWNER shall pave the segment of the existing driveway twenty -five
feet (25') from the driveway intersection with Eldamain Road to allow for
safe ingress /egress from the PROPERTY upon execution of this
Agreement. The CITY recognizes this improvement shall satisfy the
requirement of the gravel drive and parking areas to remain on the
PROPERTY as long as the Agricultural and Special Use remains active.
The OWNER shall dedicate a sixty foot (60') one -half (1/2) right -of -way
along Eldamain Road to Kendall County upon annexation.
The OWNER shall dedicate a twenty foot (20') trail and public utility
easement to the City along the Eldamain Road frontage in addition to and
outside of the dedicated right -of -way. All easement documents shall be
prepared by the CITY at CITY expense. OWNER shall sign said
easements within 45 days of a written request from the CITY.
The OWNER shall dedicate a twenty (20') permanent sanitary sewer
easement generally paralleling Rob Roy Creek along with a fifty (50')
temporary construction easement for a future sanitary sewer. The location
of these easements shall be consistent with the location depicted on
Exhibit "D" of this Agreement. All easement documents shall be prepared
by the CITY at CITY expense. OWNER shall sign said easements within
45 days of a written request from the CITY.
E. OWNER/DEVELOPER shall not be required by THE UNTIED CITY OF
YORKVILLE to hook -on to the city water or Sanitary Sewer System as a
result of entering into this Agreement, but must do so when available to
the subject PROPERTY; but, in any event, shall hook -on upon future non-
agricultural development of the subject PROPERTY. The OWNER
acknowledges and relieves the CITY of any obligation to provide public
utility service to the PROPERTY.
F. Upon annexation, police protection; 911 service, and library service will
be provided by the City to OWNER.
5. OVERSIZING & HOLD HARMLESS.
4
In the event any said oversizing is required, the CITY and
OWNER/DEVELOPER agrees to prepare a Recapture Agreement and Recapture Ordinance
detailing said costs and fees and approving the same within a reasonable amount of time after
those costs are ascertained.
OWNER/DEVELOPER agrees to hold the UNITED CITY OF YORKVILLE
harmless and indemnify the CITY from any liability as a result of any Recapture imposed.
In addition thereto, OWNER agrees to hold the CITY harmless and indemnify
against any liability as a result of OWNER invitees or licensees using the privately owned bridge
on the PROPERTY. The CITY is under no obligation to inspect the bridge and has conducted no
inspections thereof.
6. TIME IS OF THE ESSENCE.
It is understood and agreed by the parties hereto that time is of the essence in this
Agreement, and that all parties will make every reasonable effort to expedite the subject matter
hereof. It is further understood and agreed by the parties that the successful consummation of
this Agreement requires their continued cooperation.
7. BINDING EFFECT AND TERM.
This Annexation Agreement shall be binding upon and inure to the benefit of the
parties hereto, their successors and assigns including, but not limited to, successor owners of
record, successor developers, lessees and successor lessees, and upon any successor municipal
authority of the CITY and successor municipalities for a period of twenty (20) years from the
later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto.
8. NOTICES AND REMEDIES.
Nothing contained herein shall require the original named OWNER in this
Agreement to undertake any of the development obligations in this Agreement; those obligations
being the responsibility of the OWNER of the subject parcel and /or future
OWNER/DEVELOPER of the subject parcel of real property at the time development or platting
occurs.
Upon a breach of this Agreement, any of the parties in any court of competent
jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available
at law or equity.
Before any failure of any party of this Agreement to perform its obligations under
this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure
shall notify in writing, by certified mail /return receipt requested, the party alleged to have failed
5
to perform, state the obligation allegedly not performed and the performance demanded.
Notice shall be provided at the following addresses:
CITY: UNITED CITY OF YORKVILLE
800 Game Farm Road
Yorkville, IL 60560
OWNER/DEVELOPER Marlo Letterle
4378 Eldamain Road
Plano, IL 60545
OWNER/DEVELOPER'S ATTY: Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
9. AGREEMENT TO PREVAIL OVER ORDINANCES.
In the event of any conflict between this Agreement and any ordinances of the
CITY in force at the time of execution of this agreement or enacted during the pendency of this
agreement, the provision of this Agreement shall prevail to the extent of any such conflict or
inconsistency.
10. It is specifically understood and agreed that OWNER and its successors and
assigns shall have the right to sell, transfer, mortgage and assign all or any part of the
PROPERTY or any Phase or Parcel and the improvements thereon to other persons, trusts,
partnerships, firms, or corporations for ownership, operation, investment, building, financing,
developing, construction and all such purposes, and that said persons, trusts, partnerships, firms
or corporations shall be entitled to the same rights and privileges and shall have the same
obligations as OWNER has under this Agreement, and upon such transfer, such obligations
relating to that part of the PROPERTY sold, transferred, mortgaged or assigned shall be the sole
obligation of the transferee, except for any security posted by OWNER on any subdivided or
unimproved property for which an acceptable substitute security has not been submitted to the
CITY, and transferor shall be relieved of all duties and obligations hereunder relating to that
portion of the PROPERTY, Phase or Parcel so sold, transferred or assigned, without limiting the
foregoing provisions of this Section.
11. PARTIAL INVALIDITY OF AGREEMENT.
If any provision of this Agreement (except those provisions relating to the
requested rezoning of the PROPERTY identified herein and the ordinances adopted in
6
connection herewith), or its application to any person, entity, or property is held invalid, such
provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the
application or validity of any, other terms, conditions and provisions of this Agreement and, to
that end, any terms, conditions and provisions of this Agreement are declared to be severable.
If, for any reason during the term of this Agreement, any approval or permission
granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY
agrees to cooperate with the OWNER to reconfirm such plans and zoning ordinances effectuating
the zoning, variations and plat approvals proposed herein as necessary and any revisions shall be
mutually agreeable between the PARTIES.
IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day
and year first above written.
CITY:
THE UNITED CITY OF YORKVILLE
By:
MAYOR
Attes
YMCRK
I
OWNER/DEVELOPER
By: -
Marlo Letterle
Attest: m
Prepared by and Return to:
Law Offices of Daniel J. Kramer
I I 07 South Bridge St.
Yorkville, IL 60560
630 -553 -9500
7
Exhibit "A"
Legal Description
That part of the Northwest Quarter of Section 30, Township 37 North,
Range 7 East of the third principal meridian described as follows:
Commencing at the Northwest Corner 00'40 East, along the west line
of said northwest quarter, 1543.21 feet to the southwest corner of fox
hill unit 7 for the point of beginning; thence south 80 41'57" East,
along the south line of said fox hill unit 7 and said line extended,
803.80 feet to the northwest corner of lot 214 of fox hill unit 4;
thence south 00'41f57" East, along the west line of lots 208 through
214 in said fox hill unit 4, inclusive 615.20 feet to the southwest
corner of said lot 208; thence north 80'41 west, 803.80 feet to the
west line of said northwest quarter; thence north 00'40 west, along
said west line, 615.20 feet to the point of beginning in Bristol
Township, Kendall County, Illinois.
Accurate Map of Territory Annexed to
THE UNITED CITY OF YORKVILLE -o2
Kendall County, Illinois y
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P.I.N. 02- 30- 100 -005
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I 1 � <7 Sj � SOJ•pp / / / /// 215 State of Illinois ) J
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County of Kendall) •U
214 This Is to certify that the territory described and shown hereon was incorporated into Q
R / and made a part of the United City of Yorkville, Illinois, by Ordinance No. 0
/�— adopted by the Mayor end City Council of the United City of Yorkville, Illinois, this Ur
I� day of 200_. V) Z
213 tl Q a
City Clerk
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LEGAL DESCRIPTION OF TRACT TO BE ANNEXED:
1 • :� / p That port of the Northwest Quarter of Section 3Q, Township 37 North, Range 7 East of a
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/IS 210 I the Third Principal Meridian described as Toltowa: Commencing of the Northwest Comer 0 _
of said Northwest Quarter, them South 00'40'37' East, along the West Una of said
'Northwest Quarter, 1543.21 feet to the Southwest Comer of Fox Hill Unit 7 for the point Q m
J T� of beginning; thence South '57 Eost along the South Une f said Fox Hill Unit 7, i
end acid Une extended, 803.80 80.41 feel to the Northwest Comer of Lot o
214 of Fox Hill
/.X 209 0 Unit 4; thence South 0" ve 7' East, along the Weal Une of Lob 208 through 214 In
said Fox HIII Unit 4, Ineluaive, 615.20 fact to the Southwest Comer of said Let 208: d
so' 4a IL thence North 80`41'57' West, 803.80 feet to the West Una of said Northwest Quarter; Z
thence North 00'40'37` West, along acid Wast Una, 615.20 felt to the point of beginning Q
'T In Bristol Township, Kendall County Illinois.
F � 208
1 Neo'st's•7�, 803 .80' j �j LU
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207 iE z
State of Illinois
County of Kendall SS
1, Phillip D. Young, on Illinois Professional Land Surveyor and on officer of ^ _ —
Phillip D. Young and Associates, Inc., state that I have prepared this Annexation
Plat from survey data and ' allob!e recorded documents.
I
Dated February 6, 2008 at Yorkville, Illinois \'\\`�pCi °Iai!IrllpgpU /4i J
�.�.:,
Phillip D. Young FROFESS!CNAL'•. 0 0
Illinois Professional Land Surveyor No. 2678 (Expires 11/30/08) �•• LAI'111.SU�VF.vCR
CEIiTIFICr1T8 _ B
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190 ZONING PLAT OF
ExHistr c 3 —_�— PART OF THE NORTHWEST QUARTER OF SECTION 30, T37N —R7E, 3rd PM AREA M BE REZONED:
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