Ordinance 2007-042 200800001531
Filed for Record in
KENDALL COUNTY? ILLINOI
STATE OF ILLINOIS ) Ri N At C ELSON
ss ORDINANCE 5j .00
COUNTY OF KENDALL ) RHSP Surcharge 10.00
ORDINANCE NO. 2007- °1�a
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
(Castle Bank Trust 2508)
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
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part hereof entered into by the UNITED CITY OF YORKVILLE; and
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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
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Agreement are ready, willing and able to enter into said Agreement and to perform the
obligations as required hereunder; and
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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
WHEREAS, the property is presently contiguous to the City
Page 1 of 2
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.
ROBYN SUTCLIFF V JOSEPH BESCO V
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GARY GOLINSKI y ARDEN JOSEPH PLOCHER y
WALTER WERDERICH y MARTY MUNNS V
ROSE ANN SPEARS 7 JASON LESLIE y
&,LkD I y
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this as Day of May , A.D. 2007.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this ac'l Day of M A V , A.D. 2007.
ATTEST:
CITY CLERK
Page 2 of 2
April 20, 2007
STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE
CASTLE BANK, N.A. AS TRUSTEE UNDER THE PROVISIONS OF A TRUST,
KNOWN AS TRUST #2508
(East side of Route 47)
THIS AGREEMENT is made and entered into this - day of 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 "), and
CASTLE BANK, N.A. AS TRUSTEE UNDER THE PROVISIONS OF A TRUST, KNOWN
AS TRUST #2508, of the County of Kendall, State of Illinois (hereinafter referred to as
"OWNER/DEVELOPER').
WITNESSETH
WHEREAS, OWNER/DEVELOPER is the owner of real property which is the subject
matter of said Agreement comprising approximately 13.00 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
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WHEREAS, OWNER/DEVELOPER desires to annex the said real property described
into the CITY, its Plan Commission has considered the Petition to Annex and positively
recommended the same, and the City Council has 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 has 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, the CITY has agreed to allow Flex Zoning permitting the real property
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described in the attached Exhibit "B" to be zoned for R -4 General Residence District limited to
an Assisted Living or other Active Adult type housing excluding children or less than one
resident of each dwelling unit being under the age of 55; and
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 its 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 in front of the City Council, 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 (2006), inclusive, relating to Annexation Agreements, the
parties hereto wish to enter into a binding agreement with respect to the future annexation and
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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 (2006) and the ordinances of the
CITY relating to the procedure for the authorization, approval and execution of this Annexation
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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 (2006), 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
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to the further terms of this Agreement as B -3 Service Business District; that the real property
described in the attached Exhibit "B" shall be permitted to be developed and shall hereby be
created as an R -4 General Residence District Flex Zone, permitting development limited to an
Assisted Living or other Active Adult type housing excluding children or less than one resident
of each dwelling unit being under the age of 55; or in the event the parcel of real property
described in the attached Exhibit `B" is not developed as R -4 General Residence District it shall
be treated as zoned B -3 Service Business District for all purposes under the terms of this
Agreement.
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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
(2006), except to the extend of the Flex Zone provisions contained above for R -4 General
Residence District purposes, 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, with
R -4 General Residence District Flex Zoning as to the real property described in
the attached Exhibit "B ".
(ii) OWNER/DEVELOPER shall endeavor to preserve as much of the standing oak
grove as is possible in the development of the property in conformance with the
CITY Tree Preservation Ordinance.
(iii) (a) OWNER/DEVELOPER shall be responsible for providing landscaping, in
conformance with CITY standards along all perimeter boundaries of the
subject property. 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 Right -of -Way expansion line of the
Illinois Department of Transportation.
(iv) OWNER/DEVELOPER agree that OWNER/DEVELOPER shall be permitted to
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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
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Agreement by the United City of Yorkville.
(v) That in all other respects, the subject development shall be in conformance with
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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. (i) The CITY agrees that due to the nature of the non - residential use
and zoning classification of said parcel, OWNER/DEVELOPER has no obligation
to pay School Transition Fees or Land -Cash Fees.
(ii) In the event the parcel of real property as described in Exhibit `B"
is developed consistent with the R -4 General Residence District Flex Zoning
provisions contained herein, the OWNER/DEVELOPER shall pay Land -Cash
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Fees for schools and parks at the time of Building Permit Application. Due to no
school -age children being generated, no School Transition Fee shall be charged.
B. OWNER/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, and shall be responsible for the cost of 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.
E. 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, pursuant to such an Agreement out of %2 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/DEVELOPER 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
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have the same obligations as OWNER/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/DEVELOPER 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
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
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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
To OWNER/DEVELOPER: Castle Bank Trust #2508
c/o James Ratos
207 W. Kendall Dr.
Yorkville, IL 60560
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
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.
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IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this
ova day of MA , 2007.
UNITED CITY OF YORKVILLE
a� By: PAa J
Valerie Burd, Mayor
ity Cork
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OWNER/DEVELOPER:
CASTL BANK TRUST #2508
By: , a4111
SUBJECT TO EXCULPATORY RIDER v P
ATTACHED AND MADE A PART HEREOF Attest:
� l
Prepared b an
p y d Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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EXCULPATORY RIDER
This instrument is executed by Castle Bank N.A., as Trustee under the provisions of a Trust Agreement
dated 09/11/06 and known as Trust No. 2508 not personally, but solely
as Trustee aforesaid, in the exercise of the power and authority conferred upon and vested in it as such
Trustee. This instrument is executed and delivered by the Trust solely in the exercise of the powers
expressly conferred upon the Trustee under the Trust and upon the written direction of the beneficiaries
and/or holders of the power of direction of said Trust and Castle Bank N.A., warrants that it possesses full
power and authority to execute this instrument. It is expressly understood and agreed by and between the
parties hereto, anything herein to the contrary notwithstanding, that each and all of the representations,
warranties, covenants, undertakings and agreements herein made on the part of the trustee while in form
purporting to be the said representations, warranties, covenants, undertakings and agreements of said
Trustee are each and every one of them not made with the intention of binding Castle Bank N.A., in its
individual capacity, but are made and intended solely for the purpose of binding only that portion of the
Trust Property specifically described herein. No personal liability or personal responsibility is assumed
by or nor shall at any time be asserted or enforceable against Castle Bank N.A. on account of any
representations, Warranties, (including but not limited to any representations and/or warranties in regards
to potential and/or existent Hazardous Waste) covenants, undertakings and agreements contained in the
instrument, (including but not limited to any indebtedness accruing plus interest hereunder) either express
or implied or arising in any way out of the transaction in connection with which this instrument is
executed, all such personal liability or responsibility, if any, being expressly waived and released, and any
liability (including any and all liability for any violation under the Federal and/or state Environmental or
Hazardous Waste laws) hereunder being specifically limited to the Trust assets, if any, securing this
instrument. Any provision of this instrument referring to a right of any person to be indemnified or held
harmless, or reimbursed by the Trustee for any costs, claims, losses, fines, penalties, damages, costs of
any nature including attorney's fees and expenses, arising in any way out of the execution of this
instrument or in connection thereto are expressly waived and released by all parties to and parties
claiming, under this instrument. Any person claiming or any provision of this instrument referring to a
right to be held harmless, indemnified or reimbursed for any and all costs, losses and expenses of any
nature, in connection with the execution of this instrument, shall be construed as only a right of
redemption out of the assets of the Trust. Notwithstanding anything in this instrument contained, in the
event of any conflict between the body of this exoneration and the body of this instrument, the provisions
of this paragraph shall control. Trustee being fully exempted; nothing herein contained shall limit the
right of any part to enforce the personal liability of any other party to this instrument.
EXHIBIT "A"
THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 16, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST
CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 16 FOR THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 00
MINUTES 13 SECONDS EAST ALONG THE EAST LINE OF SAID NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, A DISTANCE OF 506.60
FEET; THENCE SOUTH 88DEGREES 42 MINUTES 44 SECONDS WEST PARALLEL
WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 16, A DISTANCE OF 1176.11 FEET TO THE EAST LINE OF
STATE ROUTE 47; THENCE SOUTH EASTERLY ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 9387.49 FEET, A DISTANCE OF 512.00 FEET TO A POINT ON
SAID SOUTH LINE; THENCE NORTH 88 DEGREES 42 MINUTES 44 SECONDS EAST
ALONG SAID SOUTH LINE, A DISTANCE OF 1089.96 FEET TO THE POINT OF
BEGINNING, ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
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_ - SKE "I"CH EXHIBIT "B"
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OF
THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 37 NORTH, RANGE 7
A T EAST OF THE THIRD PRINCIPAL MER- ID-JAN BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOU 1'HEAST CORNER OF THE
l i l t y J NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 16 FOR THE POINT OF BEGINNING; THENCE NORTH
00 DEGREES 00 MINUTES 13: SECONDS EAST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST
1 QUARTER OF SECTION 16, A DISTANCE OF 506.60 FEET; THENCE SOUTH 98 DEGREES 42 MINUTES 44 SECONDS WEST PARALLEL
WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, A DISTANCE OF 1176.11
FEET TO THE EAST LINE OF STATE ROUTE 47; THENCE SOUTH EAS`I'1RLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF
9387.49 FEET, A DISTANCE OF 512.00 FEET TO A POINT ON SA I)- SOUTH LINE; THENCE NORTH 88 DEGREES 42 MINUTES 44
l SECONDS EAST ALONG SAID SOUTH LINE, A DISTANCE OF 1089.96 FEET TO THE POINT OF BEGINNING, ALL IN THE TOWNSHIP
OF BRISTOL, KENDALL COUNTY, ILLINOIS.
M
_ DANIEL GAVIN n
SUGAR GROVE, IL 60554 152 o
W
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C. S 88 0 42 1 44" W 1175.11' SAS. S 88 °424" _ 1176.13' o_:.
., . 500.13'
-
676.00'
DONALD & CHERRI LITTLE
2127 ROUTE 47 `
YORKVILLE, IL 60560 • � N - 1 219
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ZONED B -3 i �- ZONED R-4
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GLEN OLIN
2215A ROUTE 47
YORKVILLE. IL 60560
5:8146 ACID
PROPOSED ZONING: R-4 MgMtAL RE IIMgCE't31Si'. �' z 3
7.3582 ACRES 719-A
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PROPOSED ZON NG: 8-3 SMMCE . I E~ z i
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DENNIS & JULIE KNAUF I z! W m n e
2239 N. ROUTE 47 W j f+9
YORKVILLE, IL 60560 O
pe, -a ° °
i (ORTH
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a 219
OUTHEAST CORNER Q_
OCL i F THE NORTHWEST OF nM WEST QUARTER F SECTION 16 37-7 589.79' 0013' coRxoLS Roan E .. Q ARTER OF THE NORTHWEST QUARTER OF � SOUTH LINE OF THE NORTHW N S 4Z �}" E
EST U 7 -7 �
FTC. N 88 °4244 E 1489.96 MEAS. 1489.91' 1
OPT OINNER: ROBERT G FISHER I
�a�' °� B p s sP `� JIM RATOS GAIL C FISHER
207 W. KENDALL DRIVE 501 CONOVERL.4NE - -
YORK4'IL,LE, IL 60560 Y� Q 60560 r
JOHN E LIES, SR - - -_ p _. -•. -
DELORES C. LIES '� y
p PRESENT ZONING: A-1
1011 PRAIRLE LANE
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YORKVILLE, IL 60560 - -- 'O
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AND
SOIL TYPES: DANE J CONOVER 4
997 GAME FARM ROAD
152 DRUMMER SILTY CLAY LOAM YORKVILLE, FL 60560 a amm
219 MILLBROOK SILT LOAM ;
LOCATION MAP 791A RUSH SILT LOAM 0 -2% SLOPE �
NOTTOSCALE