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Ordinance 2007-076 Filed for Record in K.ENDALL COUNTYP ILLINOIS STATE OF ILLINOIS PAUL ANDERSON ) 11- 02- 2007 At 11:51 am. ss ORDINANCE 49.00 COUNTY OF KENDALL ) RH6P Surcharge 10.01) ORDINANCE NO. 2007- '3(0 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT (Briguglio Property) )WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been 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 provided in 65 ILCS 11- 15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with. NOW THEREFORE, be it ordained by the Mayor and the City Council of the United City of Yorkville, Kendall County, Illinois, as follows; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of Page 1 of 3 the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. ROBYN SUTCLIFF `/ JOSEPH BESCO V GARY GOLINSKI \/ ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS V ROSE ANN SPEARS V JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this J3 rd Day of OCT 06 .2 , A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this cZrd day of OC l 06ER , A.D. 2007. ATTEST: CITY CLERK Page 2 of 3 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Lot 2 Myers Subdivision, Bristol Township, Kendall County, Illinois I I C/56882.2 Page 3 of 3 l STATE OF ILLINOIS ) I COUNTY OF KENDALL ) ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE CHARLES BRIGUGLIO AND JACQUELYN BRIGUGLIO THIS AGREEMENT is made and entered into this o��J day of OMMIC -. 2007 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal I corporation, located in Kendall County, Illinois (hereinafter referred to as "CITY'), and CHARLES BRIGUGLIO AND JACQUELYN BRIGUGLIO (hereinafter referred to as "OWNERS/DEVELOPERS ") of the County of Kendall, State of Illinois. i WITNESSETH WHEREAS, OWNERS /DEVELOPERS are the owners of real property which is the subject matter of said Agreement comprising approximately 1.1 acres, more or less, and is more particularly described in the attached Exhibit "A ", which is incorporated herein by reference; and WHEREAS, the SUBJECT REAL PROPERTY is located contiguous to the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; nor is any portion thereof classified as flood plain; and WHEREAS, OWNERS/DEVELOPERS desire to annex the said real property described into the CITY, its Plan Commission has considered the Petition to Annex, and the CITY Council 1 has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNERS/DEVELOPERS and the CITY; and WHEREAS, OWNERS /DEVELOPERS have presented, and the CITY has considered, the tract, of REAL PROPERTY herein described in the attached Exhibit "A" as R -1 One Family Residence District in order to make said real property a desirable addition to the CITY; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the REAL PROPERTY heretofore described will be annexed to the CITY in an orderly manner, and WHEREAS, OWNERS/DEVELOPERS and their representatives have discussed the proposed annexation and have held Public Hearings with the Plan Commission and the CITY Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11- 15.1 -1 through 51.1 -5, inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subject Property and to provide for various other matters related directly or indirectly to the annexation, zoning, and development of the SUBJECT PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have and such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11- 15.1.3 and the ordinances of the CITY I 2 relating to the procedure for the authorization, approval and execution of this Annexation agreement by the CITY. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11- 15.1-1 through 65 ILCS 5/11 - 15.1 -5, as amended, as follows: 1. A. ANNEXATION AND ZONING. The CITY shall adopt an ordinance annexing to the CITY all of the REAL PROPERTY described herein in the attached Exhibit "A "; and the CITY in said ordinance shall zone the real property designated in the attached Exhibit "A" subject to the further terms of this Agreement as R -1 One Family Residence District. The CITY by approve of this Agreement hereby amends its Comprehensive Plan as to the subject property to show the same as a R -1 One Family Residence District Use on the Comprehensive Plan and on the City Zoning Map for the subject parcel described in the attached Exhibit "A ". Said zoning shall allow the uses, size, density, area, coverage, and maximum building heights as set forth on for the R -1 One Family Residence District. Said REAL PROPERTY shall be used and developed in accordance with 65 ILCS 5/11- 15.1 -1 through 65 ILCS 5/11- 15.1 -5, and in accordance with the CITY Subdivision Control and Zoning Ordinances and specifically subject to the following conditions: (i) That the SUBJECT PROPERTY described in the attached Exhibit "A" shall be annexed to the United CITY of Yorkville by separate Ordinance, in compliance with Illinois Compiled Statutes and shall be zoned R -1 One Family Residence District Zoning. —3— i i (iii) OWNERS/DEVELOPERS and the CITY agree that OWNERS/DEVELOPERS shall be permitted to conduct the uses on the subject property that are excerpted from the United CITY of Yorkville Zoning Classification for R -1 One Family Residence District, as they exist at the time of execution of this Agreement and any similar permitted uses within those Districts that the CITY may create in the future; although OWNERS / DEVLOPERS agree that they shall not be permitted to conduct on site any permitted uses which have been omitted from the current United CITY of Yorkville Zoning Ordinances as are in effect as of the date of the approval of this Agreement by the United CITY of Yorkville. (iv) That in all other respects, the subject development shall be in conformance with the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control Ordinance, and all other applicable Ordinances. 2. CITY'S AGREEMENTS. OWNERS/DEVELOPERS have developed the subject parcel with septic system and private well. (A) OWNERS /DEVELOPERS further agree to grant and easement to the United City of Yorkville for purposes of extending a water main and if necessary to service the subject or adjoining properties, to install at CITY expense a Booster /Pressure Reducing Station on the property of OWNERS /DEVELOPERS within Sixty (60) days of a written request of the CITY to execute said easement, so long as the CITY provides a Plat of Easement and Legal description of the same. Said easement shall be located in an area of the subject real property so as not to interfere with the orderly development and use of the property by OWNER or its —4— assigns. The cost of said easement including documents, legal review, and recording would be at CITY expense. (B) OWNERS /DEVELOPERS further agree to grant an easement to the United City of Yorkville for purposes of extending a sanitary -sewer main adjacent to River Road, and if necessary to service the subject or adjoining properties, to install at CITY expense a sanitary -sewer main on the property of OWNERS /DEVELOPERS within Sixty (60) days of a written request of the CITY to execute said easement, so long as the CITY provides a Plat of Easement and Legal description of the same. Said easement shall be located in an area of the subject real property so as not to interfere with the orderly development and use of the property by OWNERS or their assigns. The cost of said easement including documents, legal review, and recording would be at CITY expense. (C) Grant an easement to the United City of Yorkville for the extension of a storm water easement from River Road within fifteen feet (15') of the east property line of OWNERS /DEVELOPERS to the Fox River for storm water outlet purposes. In the event CITY requests such an easement in writing, the CITY shall prepare a Plat of Easement and legal description for approval by OWNERS/DEVELOPERS. The CITY may in addition request a temporary work easement of a larger area not to exceed thirty five (3 5) additional feet to extend said storm sewer line from the east property line. In the event the CITY does choose to install a storm sewer line, it shall allow OWNERS /DEVELOPERS' home and improvements to be connected thereon at no cost, and the CITY shall repair and restore any trees disturbed or landscaping with an approved Landscape Plan by the City Council so as not to in any fashion diminish the value of said residence. -5- D. Upon annexation, the Owner will receive police protection, 911 Service, and all services as provided by CITY to its property owners and residents. 3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that OWNERS/DEVELOPERS and their successors and assigns shall have the right to sell transfer, mor t g age and assi n all or an art of the SUBJECT g g � g any and the improvements thereon to other persons, trusts, partnerships, firms, or corporations, for investment, building, financing, developing 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 OWNERS/DEVELOPERS under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by OWNERS /DEVELOPERS on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. 4. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable effort, including the calling of special meetings, 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. 5. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of —6— the parties hereto, including the CITY, its corporate authorities and their successors in office, and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. 6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and owners of record of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said CITY, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. 7. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party 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: CITY Clerk United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 With a copy to: Attorney Roth United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 To OWNERS: Charles & Jacquelyn Briguglio 10940 River Road Plano, IL 60545 With a copy to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 or to such other addresses as any party way from time to time designate in a written notice to the other parties. —7— 8. ENFORCEABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. 9. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this d? r day of DcTn , 2007. UNITED CITY OF Y By: � / / Valerie Burd, Mayor Attes%;;�,. CIT Jerk ` OWNERS/DEVELOPERS: By : � 0 G Attest: d Q Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street —8— Yorkville, Illinois 60560 630.553.9500 -9- EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Lot 2 Myers Subdivision, Bristol Township, Kendall County, Illinois I i