Ordinance 2007-033 STATE OF ILLINOIS )
ss
COUNTY OF KENDALL ) 20070001845?,
Filed P or Re�_or d i n
K.ENDALL COUNTY ILLINOIS
PAUL ANDERSON
06 -18 -2007 At i72:55 pm.
ORDINANCE 55.00
RHSP Surcharge 10.011
ORDINANCE NO. 2007- 33
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
(Fountain View)
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
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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; and
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WHEREAS, the property is contiguous to the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILE, 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
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.
JAMES BOCK �)�'. JOSEPH BESCO
VALERIE BURD D PAUL JAMES u
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS ,�� JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this cwt day of I , A.D. 2007.
MAY
Page 2 of 3
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of , A.D. 2007.
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ATTEST: "
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CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Page 3 of 3
Revised March 1, 2007 (4/20/07)
STATE OF ILLINOIS )
COUNTY OF KENDALL )
ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE
DTD INVSETMENTS, L.L.C. PROPERTY
(FOUNTAINVIEW)
THIS AGREEMENT is made and entered into this d 4 l ' 6 day of 41 0 P— l L , 2007
by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal
corporation, located in Kendall County, Illinois (hereinafter referred to as "City "), JERALD L.
HANSON, (hereinafter referred to as OWNER), and DTD INVESTMENTS, L.L.C. of the
County of Will, State of Illinois (hereinafter referred to as "DEVELOPER ").
WITNESSETH
WHEREAS, OWNER is the owner of real property which is the subject matter of said
Agreement comprising approximately 4.214 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, OWNER/DEVELOPER desire to annex the said real property described into
the City, its Plan Commission has considered the Petition to Annex, and the City Council has
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heretofore both requested and approved the proposed land use and the zoning of the same at the
request of OWNER/DEVELOPER and the City; and
WHEREAS, OWNER/DEVELOPER have presented, and the City has considered, the
tract, of real property herein described in the attached Exhibit "A" as B -3 Service Business
District in order to make said real property a desirable addition to the City; and
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WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions
upon which the land heretofore described will be annexed to the City in an orderly manner, and
WHEREAS, OWNER/DEVELOPER and their representatives have discussed the
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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 of the 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
relating to the procedure for the authorization, approval and execution of this Annexation
agreement by the CITY.
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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 5111- 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 B -3 Service Business District.
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Said zoning shall allow the uses, size, density, area, coverage, and maximum
building heights as set forth on for the B -3 Service Business 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 B -3 Service Business District Zoning.
(ii) That the subject property shall be developed in substantial conformance with the
attached Site Plan, which is incorporated herein and made a part hereof by
reference as Exhibit `B ", as prepared and dated p- -1 V , 2003.&
(iii) (a) OWNER/DEVELOPER shall be responsible for providing landscaping, in
conformance with CITY standards along all perimeter boundaries of the subject
property including preserving as much of the tree line along the East boundary of
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the property as is possible. No permanent trees covering utilities shall be planted
on the right -of -way adjacent to the subject real property.
(b) OWNER/DEVELOPER shall establish the landscape buffer along Illinois
State Route 47 behind the proposed North Right -of -Way expansion line of the
Illinois Department of Transportation.
(iv) OWNER/DEVELOPER agree that OWNER/DEVELOPER shall be permitted to
conduct the uses on the subject property that are excerpted from the United City of
Yorkville Zoning Classification for O- Office District, B -1 Limited Business
District, B -3 Service Business District, and any similar permitted uses within
those Districts that the CITY may create in the future; although
OWNER/DEVLOPER agree 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. The list of permitted uses is as set out
in Exhibit "C" attached hereto and incorporated herein by reference.
(v) OWNER/DEVELOPER shall establish a 30' building setback line for principal
structures; from the roadway being constructed on an Easement granted by the
County of Kendall Highway Department. OWNER/DEVELOPER may install
parking, signage, and landscaping in said setback.
(vi) 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.
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(vii) 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.
B. The OWNER/DEVELOPER, and successors, heirs, and assigns hereby agree that prior to
issuance of a building permit on the subject parcel, a site development plan shall be submitted
and approved by the City Council of the United City of Yorkville, as well as
OWNER/DEVELOPER complying with the CITY Preliminary and Final Platting process.
2. CITY'S AGREEMENTS.
A. The City agrees that due to the nature of the non - residential use and zoning
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classification of said parcel, OWNER/DEVELOPER has no obligation to pay School Transition
Fees or Land -Cash Fees.
B. OWNER/DEVELOPER shall be required by THE UNITED CITY OF
YORKVILLE to hook -on to the city water or Sanitary Sewer System at the time of improving the
subject property and upon CITY approval of this Annexation Agreement, and shall be
responsible for main extensions to the subject property if said mains do not touch the subject
property.
C. Upon annexation, the Owner will receive police protection, 911 service,
Water, Sanitary Sewer, and all services as provided by City to its property owners and residents.
D. The City will require the Owner to annex to Yorkville Bristol Sanitary
District at the time of applying for a building permit seeking to hook up to the Sanitary District
and the City Sanitary Sewer System.
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E. OWNER/DEVELOPER is required to install a Collector Road adjacent to
Route 47 and a stop light that has previously been installed for access to the subject property.
OWNER/DEVELOPER shall be permitted to seek a Recapture Agreement for a division of the
benefit of said stop light cost contributed by OWNER/DEVELOPER and the Collector Street
cost contributed from any adjoining or contiguous property owner that ultimately connects to said
Collector Street. In connection therewith, upon the actual cost being determined the United City
of Yorkville shall act as follows: 1) Recapture Agreement or Road and Signalization
Improvement Agreement and Ordinance apportioning the cost and payment responsibilities of
Developer and the adjacent properties to the North, East, or South for the cost of said
improvements; and
2) Permit an Economic Incentive Agreement to be requested by Developer as to
any portion of the off -site, signalization on -site or collector costs, stormwater detention costs,
Route 47 tapper or right -of -way improvements, not so recovered under paragraph (A) above
pursuant to such an Agreement out of % of any Sales Tax Receipts from users on the subject site
inconformity with the United City of Yorkville Commercial Incentive Policy.
3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. 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 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 and shall have the same
obligations as Owner under this Agreement and upon such transfer, the obligations pertaining to
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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 property for
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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
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. No Covenant or Agreement shall
become binding on OWNER until DEVELOPER hereunder has closed the purchase of the
subject property by DEVELOPER from OWNER.
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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
800 Game Farm Road
Yorkville, IL 60560
With a copy to: John Wyeth
800 Game Farm Road
Yorkville, IL 60560
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To OWNER: Dean Tomich
DTD Investments, LLC
815 N. Larkin Ave., Ste. 202
Joliet, IL 60435
To DEVELOPER: Dean Tomich
DTD Investments, LLC
815 N. Larkin Ave., Ste. 202
Joliet, IL 60435
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.
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
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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
C;!' —ta of APP-I , 2007.
UNITED CITY OF YORKVILL
4' �; 7 Z / i
By:
Arth�ur Prochaska, Jr., Mayor
Attest:
PU r/ City Clerk
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DEVELOPER:
DTD NV EST
By:
Attest:
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Prepared by and Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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OWNER:
APEX DEVELOPERS, LLC
By:
Attest:
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LEGAL DESCRIPTION
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4 AND PART OF
THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST
QUARTER OF SAID SECTION 5; THENCE SOUTH 89 DEGREES, 40 MINUTES, 05
SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER
655.52 FEET TO THE TANGENT CENTER LINE OF ILLINOIS STATE ROUTE NO.
47 EXTENDED FROM THE SOUTH; THENCE SOUTH 1 DEGREE, 44 MINUTES,
07 SECONDS EAST ALONG SAID TANGENT CENTER LINE AND SAID
TANGENT CENTER LINE EXTENDED, 3511.16 FEET; THENCE NORTH 89
DEGREES, 29 MINUTES, 40 SECONDS EAST 548.60 FEET FOR THE POINT OF
BEGINNING; THENCE SOUTH 89 DEGREES, 29 MINUTES, 40 SECONDS WEST
ALONG THE LAST DESCRIBED COURSE 548.60 FEET TO THE CENTER LINE
OF ILLINOIS STATE ROUTE NO. 47 AFORESAID; THENCE SOUTH 1 DEGREE,
44 MINUTES, 07 SECONDS EAST ALONG SAID CENTER LINE 489.07 FEET;
THENCE SOUTH 86 DEGREES, 11 MINUTES, 02 SECONDS EAST 575.53 FEET TO
A LINE DRAWN SOUTH 4 DEGREES, 21 MINUTES, 07 SECONDS EAST FROM
THE POINT OF BEGINNING; THENCE NORTH 4 DEGREES 21 MINUTES, 07
SECONDS WEST ALONG SAID LINE 533.53 FEET TO THE POINT OF:
BEGINNING (EXCEPT THE SOUTHERLY140 FEET, AS MEASURED ALONG THE
EAST LINE THEREOF AND ALSO EXCEPT THAT PART CONVEYED TO THE
PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION
BY WARRANTY DEED RECORDED MAY 8, 1990 AS DOCUMENT 90 1 72884) IN
THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS.
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Yorkville, Illinois
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CREST M r. , IIZINOIS 60435
scACE 1 "� Narlh (815) 744-8789 126 S. MAIN STREET PH. (630) 551 -3355
DATE: naeawc OSWEGO, IL 60543 FAX (630) 551 -3639
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10 -7D -1 10 -7D -1
CHAPTER
BUSINESS DISTRICTS
ARTICLE D. B -3 SERVICE BUSINESS DISTRICT
SECTION:
10 -7D -1: Permitted Uses
10 -7D -2: Special Uses
10 -7D -3: Lot Area
10 -7D -4: Yard Areas
10 -7D -5: Lot Coverage
10 -7D -6: Maximum Building Height
10 -7D -7: Off - Street Parking And Loading
10 -7D -1: PERMITTED USES:
All uses permitted in the B -2 District.
Agricultural implement sales and service.
Appliance - service only.
> Automotive sales and service.
Boat sales.
Building material sales.
Business machine repair.
Car wash without mechanical repair on the premises.
Catering service.
Drive -in restaurant.
a
January 2000
City of Yorkville
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10 -71D-1 10 -7D -1
Electrical equipment sales.
Feed and grain sales.
Frozen food locker.
Furniture repair and refinishing.
Golf driving range.
Greenhouse.
Kennel.
Mini - warehouse storage.
Miniature golf.
Motorcycle sales and service.
Nursery.
Orchard.
Park - commercial recreation.
Plumbing supplies and fixture sales.
Pump sales.
Recreational vehicle sales and service.
Skating rink.
Sports arena.
Taxicab garage.
Tennis court - indoor.
Trailer rental.
Truck rental.
Truck sales and service.
January 2000
City of Yorkville
10 -7D -1 10 -7D -4
a
Upholstery shop.
Veterinary clinic. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1986 -1, 1 -9 -1986;
Ord. 1988 -7, 4 -14 -1988; Ord. 1995 -19, 8 -10 -1995; Ord. 1998 -21,
6 -25 -1998)
' 10 -7D -2: SPECIAL USES:
All special uses permitted in the B -2 District.
Amusement park.
Boat launching ramp.
Boat rental and storage.
Daycare centers.
Stadium. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1995 -19, 8 -10 -1995; Ord.
1995 -20, 8 -10 -1995)
10 -7D -3: LOT AREA: No lot shall have an area less than ten thousand
(10,000) square feet. (Ord. 1986 -1, 1 -9 -1986)
10 -7D -4: YARD AREAS: No building shall be erected or enlarged
unless the following yards are provided and maintained in
connection with such building, structure or enlargement:
A. Front Yard: A front yard of not less than fifty feet (50'). (Ord.
1973 -56A, 3 -28 -1974)
B. Side Yards:
1. A minimum side yard shall be required between buildings within
the B -3 District of twenty feet (20') between a building constructed
thereon and the side lot line, except in any existing B -3 Zoning
District within the corporate boundaries where no minimum side yard
shall be required between buildings, except where a side yard
adjoins a street, wherein a minimum yard of not less than thirty feet
(30') shall be required.
January 2000
City of Yorkville