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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 24 19 N -- =oo 25� 30 Nero w.1 e•m.r et me m c rx N A 3 ,Tartar of on 30, T37N -ft7E � • I r^ = o t - .S•�.� O � Y m P.I.N. 02- 30- 100 -005 g 02- 30- 100 -006 N 5 Uh�t o 6 14 EXistin City Pork ^ v eo / /// 9 Co rPorotB Lm/ U ! 1 _ I 1 � <7 Sj � SOJ•pp / / / /// 215 State of Illinois ) J & ) SS 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 a e5 E212 , P c � a 2 a %0211 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 .'o /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 V1 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 l , • NO )fill �<. S'a••., ILLINOIS r7 Lo W 00� I 190 ZONING PLAT OF ExHistr c 3 —_�— PART OF THE NORTHWEST QUARTER OF SECTION 30, T37N —R7E, 3rd PM AREA M BE REZONED: 24 ' '� R " BRISTOL TOWNSHIP KENDALL COUNTY ILLINOIS )1 ,401 Aua (to4at4 Aaee 61laea)nq Itee oem[e6.n) f�.... - -- .� uelN PRESENT ZONING: 0 25 Al F-O R 4 O ° � s / I PROPOSED ZONING: r wamw..p. paAhp .s nee e. pwR+s.e. 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