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Ordinance 2007-078 `0080 009478 Filed for Record in KENDALL COUNTY ILLINOIS RENNETTA S M I CkELSON 04 -14 -2008 At 02 :21 pm. ORDINANCE S3. 00 STATE OF ILLINOIS ) RHSP Surcharge 10.00 ss COUNTY OF KENDALL ) ORDINANCE NO. 2007 - AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED ANNEXATION AGREEMENT FOR THE DEVELOPMENT KNOWN AS B &P PROPERTIES WHEREAS, on lJOV. 13 , 200 7 the United City of Yorkville, Kendall County, Illinois, ( "CITY "), in accordance with the statutory procedures provided in Section 11- 15.1 -1 of the Illinois Municipal Code, approved and entered into an annexation agreement known as the Amended Annexation And Restated Planned Unit Development Agreement to the United City of Yorkville For B &P Properties, LLC an Illinois Limited Liability Company; and WHEREAS, the OWNERS and DEVELOPERS of the B &P Properties develo and the legal owner of record of the territory that is the subject of the M ec, " s " enlwJ NKE Agreement have requested of the CITY that, pursuant to the provisions and procedures set forth in said Annexation Agreement, that said Annexation Agreement be amended and restated as set forth in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the OWNERS and DEVELOPERS of the B &P Properties, and the legal owner of record of the territory that is the subject of the B &P Properties development and Annexation Agreement are ready, willing, and able to enter into an Amended and Restated Annexation Agreement as set forth in Exhibit "A ", and to perform the obligations as required thereunder; and WHEREAS, the corporate authorities of the CITY have determined that it is in the best interests of the United City of Yorkville that the said Annexation Agreement be amended as set forth in Exhibit "A "; and WHEREAS, the statutory procedures provided in Section 11- 15.1 -1 of the Illinois Municipal Code for the authorization and execution of the amended and Restated Annexation Agreement have been fully complied with; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, as follows: SECTION 1: That the Mayor be, and is hereby authorized and directed, and the City Clerk is directed, to attest a document known as the " Amended Annexation And Restated Planned Unit Development Agreement to the United City of Yorkville For B &P Properties, LLC an Illinois Limited Liability Com y" set forth in Exhibit "A" hereto, as a comprehensive amendment to thA ` exation Agreement. SECTION 2: That the Amended Annexation And Restated Planned Unit Development Agreement to the United City of Yorkville For B &P Properties, LLC an Illinois Limited Liability Company be made a part of this Ordinance and comprehensively amend the �'}�!o���} , Annexation Agreement entered into and approved under Ordinance No. x000- 14a SECTION 3: That Ordinance shall be in full force and effect from and after its passage, approval, and publication as provided by law. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALTER WERDERICH r GARY GOLINSKI � MARTY MUNNS ROSE SPEARS v� JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this \'', Day of rv., 9�� .... , A.D. 2007. ATTEST: Y C RK I ed r' Record in C KEVIDALL C- INTYp ! 1_THLffi RENN l H ETT H. 5- 2 C1 0 \ AMEND LANE R H S P S L r ch a r 9 e STATE OF ILLINOIS 2 1018 . 22 Filed for Record in COUNTY OF KENDALL KENDALL COUITrY ILLIN0113 RENNETTA 6 NICKELSON "', 2- - 13- 211[18 At 10:5; am. AMEND 50 , 1,10 '�EW P-b '10 09 e E Ti RHSP Surcharge — I W F— E AMENDED ANNEXATION AND RESTATED PLANNED UNIT DEVELOPMENT AGREEMENT OF THE ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE AND MICHAEL ROSENWINKEL AND TAMARA ROSENWINKEL DATED - TO THE UNITED CITY OF YORKVILLE FOR B & P PROPERTIES, LLC AN ILLINOIS LIMITED LIABILITY COMPANY A U6 Uri 0 a GCO THIS AGREEMENT is made and entered into this day of Nov .2007 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as "CITY"), B & P PROPERTIES, LLC AN ILLINOIS LIMITED LIABILITY COMPANY (hereinafter referred to as "OWNER"), of the County of Kendall, State of Illinois (hereinafter referred to as "DEVELOPER'). WITNESSETH WHEREAS, DEVELOPER is the CONTRACT PURCHASER of real property which is the subject matter of said Agreement comprising approximately 14.325 gross surveyed acres, more or less, and is more particularly described in the attached Exhibit "A", which is attached hereto and incorporated herein by reference and is hereinafter referenced as the "SUBJECT PROPERTY"; and WHEREAS, the subject real property is located within 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 the Subject Property was previously annexed to the United City of Yorkville under Document #2404-42; and a -q WHEREAS, DEVELOPER desires to re -zone the SUBJECT PROPERTY described in Exhibit "A" as a Planned Unit Development, permitting the development of the SUBJECT PROPERTY PUD uses as set out in Exhibit "B" attached hereto and incorporated herein by reference; and WHEREAS, DEVELOPER is desirous of developing the property with a duplex product in general terms pursuant to the Plan in Exhibit "B" attached hereto and incorporated herein by reference and which is entitled "PUD Concept Plan" as prepared by Schoppe Design and dated May 11, 2007; and WHEREAS the CITY and its Plan Commission has considered the Petition to Re -Zone the SUBJECT PROPERTY, and the Plan Commission recommended said rezoning so long as DEVELOPER agrees to develop the PROPERTY as a Planned Unit Development and in general conformity with the proposed duplex development shown in the PUD Concept Plan attached hereto and incorporated herein as Exhibit "B ", and the CITY Council has heretofore approved the proposed land use and the zoning of the same at the request of DEVELOPER for R -3 General Residence District; and WHEREAS, DEVELOPER has presented, and the CITY has considered, the PUD Concept Plan for the SUBJECT PROPERTY herein described in the attached Exhibit "B" as R -3 General Residence District and to be in compliance with the CITY COMPREHENSIVE PLAN and the contemplated development of which will be a desirable addition to the CITY; and 2 WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be zoned and developed in the CITY in an orderly manner; and WHEREAS, OWNER and DEVELOPER and their representatives have held a Public Hearing on July 11, 2007 in front of the CITY Plan Commission and in front of the CITY Council on September 28, 2007, and prior to the execution of this AGREEMENT; all of said Public Hearing Notices, were duly published and public hearings were held to consider this AGREEMENT, as required by the statutes of the State of Illinois in such case made and provided; and 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/Planned Unit Development Agreements, the parties hereto wish to enter into a binding agreement with respect to the future zoning and development of the SUBJECT PROPERTY and to provide for various other matters related directly or indirectly to the 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 held such public hearing and have taken all further action required by the provisions of and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Amendment / Planned Unit Development Agreement by the CITY. —3— I 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: A. ZONING. The CITY shall adopt an ordinance re- zoning the SUBJECT PROPERTY described herein in the attached Exhibit "A "; subject to the further terms of this Agreement as a Planned Unit Development, permitting the land uses set out as R -3 General Residence District and depicted Exhibit `B" attached hereto and incorporated herein by reference. The granted zoning shall allow the uses, size, density, area, coverage, and maximum building heights as set forth in the R -3 General Residence District attached hereto and incorporated herein by reference as Exhibit `B ". (i) That the SUBJECT PROPERTY shall be developed in substantial conformance with the attached PUD Concept Plan, which is incorporated herein and made a part hereof by reference as Exhibit `B ", as prepared and dated May 11, 2007. However re- orientation of building foot prints or internal roadway or drive locations within the CITY Platting process shall be considered minor modifications that will not require further public hearing. (ii) That in all 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 except to the extent modified herein. (iii) DEVELOPER shall be required to dedicate a Forty (40') Foot right -of -way south —4— from the Center Line of Corneils Road for roadway improvements purposes, and they contribute by way of City Roadway Impact Feefor improvement of roadway adjacent to the subject property pursuant to Ordinance calculations. OWNEWDEVELOPER shall be required to dedicate a Fifteen (15') foot utility easement parallel and adjacent to the Forty (40') foot roadway dedication. 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 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 B. The DEVELOPER, and its successors, and assigns hereby agree that prior to issuance of a building permit on the subject parcel, a site development plan together with Preliminary Plat, Preliminary Engineering, Final Plat and Final Engineering shall be submitted and approved by the CITY Council of the United CITY of Yorkville, as well as DEVELOPER complying with the CITY Preliminary and Final Platting process without further public hearing. C. The Applicant for Building Permits shall pay CITY and School District Transition Fees as well as all other fees required by the CITY pursuant to all Ordinances at the time of application. D. DEVELOPER shall be required by THE UNITED CITY OF YORKVILLE to hook -on to the CITY water and Sanitary Sewer System at the time of improving the SUBJECT PROPERTY, in accordance with the Yorkville Subdivision Control Ordinance and shall be responsible for main extensions to the SUBJECT PROPERTY if said mains do not touch the —5— i i SUBJECT PROPERTY. E. Recapture Agreement for Road and Signalization Improvement Agreement and Ordinance apportioning the cost and payment responsibilities of DEVELOPER and any benefiting adjacent properties for the cost of said improvements as well as apportioning the cost thereof between DEVELOPER, the CITY, and the Illinois Department of Transportation for Route 47 and Corneils Road signalization, shall be negotiated between DEVELOPER and the CITY rior t p o the CITY recording the first Final Plat of Subdivision. F. The DEVELOPER shall fund the full width reconstruction of Corneils Road across their frontage and contribute the $2,000.00 residential unit road fee less the credit granted to the DEVELOPER for the difference of cost of construction of a residential street versus the cost of a collector road. DEVELOPER agrees to pay the County Road Fee of $1,626.00 per residential unit. G. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that OWNER and DEVELOPER and their successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the SUBJECT PROPERTY 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, including, but not limited to, economic incentives, and shall have the same obligations as OWNER and DEVELOPER 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 OWNER on any subdivided or unimproved —6— property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. H. 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 i 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. I. 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 and shall insure to the benefit of and be binding upon the heirs, successors and assigns of 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. J. 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. No Covenant or Agreement shall become binding on OWNER or DEVELOPER until DEVELOPER hereunder has closed the purchase of the SUBJECT PROPERTY by DEVELOPER from OWNER. K. 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: —7— If to the CITY: CITY Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: Michael Roth, City Attorney 800 Game Farm Road Yorkville, IL 60560 To DEVELOPER: B & P Properties, LLC 632 Rock Spring Road Naperville, IL 60565 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 may from time to time designate in a written notice to the other parties. L. 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. M. 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. -8- IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this _ day of , 2007. UNITED CITY OF YORKVILLE By: Valerie Burd, Mayor Atte . ,� Y CI'�rk Dated: � \ - k's • V DEVELOPER: B & P Properties, LLC By: Attest: Dated: —9— DEVELOP A: B & ZProp s, ILLC By: Attest: Dated: Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -9- Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville Illinois 60560 630.553.9500 —10— EXHIBIT LIST Exhibit "A" Legal Description Exhibit "B" PUD Concept Plan —11— EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY The North 645.0 feet of the East 559.98 feet (as measured along the North and East Lines) of the Northwest Quarter of Section 17, Township 37 North, Range 7 East of the Third Principal Meridian in the City of Yorkville, Kendall County, Illinois, containing 8.289 acres. AND The North 990.79 feet of the East 630.0 feet (as Measured along the North and East Lines) of the Northwest Quarter of Section 17, Township 37 North, Range 7 East of the Third Principal Meridian; excepting there from the North 645.0 feet of the East 559.98 feet (as measured along said North and East Lines) of said Northwest Quarter; all in the City of Yorkville, Kendall County, Illinois, containing 6.036 acres. ORNEMS ROAD PROPERT j YORKVILLE, ILL INOIS SITE DATA OVERALL SITE R.O.W. DEDICATION 14.30 Ac.�T t `; ✓ FY. 24 DUPLEX LOTS .72 Ac.? 11.48 Ac. (48 UNITS, MIN. LOT SIZE tarX12D) OPEN SPACE / SWM 2.00 GROSS DENSITY: 3.53 AC. 630' -0' ? CORNEILS ROAD I_ rlb 30' LANDSCAPE BUFFER 120' BB' \_ RO.W. I nn a R -2 ! co O o RESIDENTIAL CA LEDONIA ' 12Q' 120' ' I H / 120` i • WESTBURY , SOUTH VILLAGE RESIDENTIAL t I h� S.W.M. 2.0 AC. �� for . , • , •W 630 0" } i WESTBURYSOUTH VILLAGE RESIDENTIAL t ' PREPARED FOR: CONCEPT PLAN 637ROCKSPRA'CSRD. PREPARED BY: M WKE�' PAR D. � 2c tar z SCHOPPE DESIGNASSOCMTES, INC. � ar . _ NAPERYILLE, K 60565 I _ yr Date: May 11, 2007 Land=pe Archltect r andLaid Planning `•- Scale: 1" = 50' 376 S. ArAINST.. PN. (630) SS3 -J3SS ++11 0' 60 Graphic Scale Nwe, OSW6C0.1L 60543 FAX(630) 553 -3639 1' 47 �9Ji i�laS�� 02 -17 -100 -012 k, qD 02 -17- 100 -011 I J�r BNsF RR O � V Parcel Base provided by Kendall County GIS C,,.` Memorandum To: Bart Olson, City Administrator �sr 1836 From: Krysti Barksdale-Noble, Community Development Directo CC: Kathleen Field-Orr, City Attorney Lisa Pickering,Deputy Clerk Chris Heinen,Planner SLE ��' Date: September 2, 2014 Subject: B&P Properties—Memorandum of Correction It has recently come to the attention of the Community Development.Department with regards to the B&P Properties' development that Ordinance No. 2007-79 which rezoned the land in accordance with the amended Annexation Agreement for the same development (Ordinance 2007-78) contains a scrivener's error related to its approved zoning designation. Per Paragraph A, page 4 of Ordinance No. 2007-78 authorizing the Execution of an Amended and Restated Annexation Agreement for the Development known as B&P Properties, approves the property for a Planned Unit Development (PUD) permitting the underlining land uses as "R-3 General Residence District" and further depicts the rezoned area on Exhibit `B" attached thereto illustrating 24 residential duplexes. However, per paragraph 2, on page 2 of Ordinance No. 2007-79 Approving the Rezoning of Certain Property from M-1 to PUD Zoning Classification (B& P Properties), it states "[t]he City Council approves the recommendation of the Plan Commission and hereby rezones the property as follows: B-2 General Business District..." Upon discussions with the City Attorney, staff is recommending that this Memorandum of Correction be placed in the City's Clerk Office along with the original approving ordinances, No. 2007-78 and 2007-79, to affirm that the correct zoning for the development know as B&P Properties is "R-3 General Residence District (PUD)". Additionally, per the City Attorney, there is no need to record a new rezoning ordinance with the Kendall County Recorder's Office. Should you have any questions regarding this memorandum,please let me know.