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Ordinance 2007-005 2007i1I_111116 3 7 7 Filed 6r Record in KENDALL COUNTY, ILLINOIS STATE OF ILLINOIS ) PAUL ANDERSON ss 02 -22 -21107 At 112:13 am. ORDINANCE 48.00 COUNTY OF KENDALL ) RHSF Surcharge 10.00 ORDINANCE NO. 2007- 05� i AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (Route 47 /Corneils Road — Trust #2189) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF l 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; and Page 1 of 3 WHEREAS, the property is presently 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 k PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE P 4 Approved by me, a of the United City of Yorkville, Kendall County, Illinois, this Day o , A.D. 2007. MAYOR Page 2of3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this G25 day of J k0kk , A.D. 2007. ATTEST: LEN r/ CITY ERK i Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) ANNEXATION AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND FIRST UNITED BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED APRIL 15, 2004 AND KNOWN AS TRUST #2189 NOW COMES, FIRST UNITED BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED APRIL 15, 2004 AND KNOWN AS TRUST #2189, Owner of Record of certain real property described in the attached Exhibit "A ", and the UNITED CITY OF YORKVILLE, An Illinois Municipal Corporation, who hereby enter into this Annexation Agreement to supplement and in addition to the Petition for Zoning and Annexation to be approved by the City Council of the UNITED CITY OF YORKVILLE upon the following terms and conditions and in consideration of the various agreements made between the parties they agree as follows: 1) WHEREAS, each party agrees that it is in the best interests of the OWNER and the CITY to annex and develop the subject real property described in the attached Exhibit "A" as a B -3 Development; and 2) WHEREAS, each party agrees that it is in the best interest of the local governmental bodies affected and the OWNER to provide for specific performance standards in the development of the subject property; and 3) WHEREAS, each party agrees that an impact will be had on the services of the CITY by development of said real property; and 4) WHEREAS, the OWNER has agreed to perform certain requirements pursuant to this Agreement as well as made by Ordinances by the CITY. i I I 5) 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 i as flood plain; and 6) WHEREAS, OWNER desires to annex the said real property described in the attached Exhibit "A" into the CITY, its Plan Commission has considered the Petition and recommended annexation and zoning as hereafter set out, 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 and the CITY; and 7) 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 8) WHEREAS, OWNER and its representatives have discussed the proposed annexation and have had public meetings 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; and continued from time to time thereafter: NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, as follows: A) The subject real property described in the attached Exhibit "A" shall be annexed to the CITY and zoned B -3. All of subject property shall be developed in conformance with all applicable zoning and City Ordinance requirements including in conformance with the City Landscape Ordinance within the B -3 Service Business District. All permitted uses under the B -3 District shall be allowed except for the following: L Dance Halls; ii. Reducing Salons, Masseus and Steam Bath iii. Club- private indoor; iv. Magazine and newstand B) That the development of said property shall be subject to approval of all Ordinances of the CITY; engineering consultant approval by CITY staff or outside review engineering as elected by the CITY and permit approval in conformance with the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, United City of Yorkville Reimbursement of Consultants and of Review Fees Ordinance, United City of Yorkville Land -Cash Ordinance, and the United City of Yorkville Development Fee Ordinance, which have been voluntarily contracted to between the parties and agreed to by OWNER as a condition of approval of the Annexation Agreement. OWNER, except to the extent varied by this Agreement shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance at the time any building permit is approved by the CITY. C) No change in the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, United City of Yorkville Reimbursement of Consultants and of Review Fees Ordinance, and United City of Yorkville Development Fee, which have been enacted subsequent to the execution of this Agreement shall alter the performance standards, or other standards or requirements for this development except as provided for in those Ordinances in effect at the time of execution of this Agreement. Owner, however, will be bound by changes in BOCA building codes, building material changes and the like that may be enacted by the CITY, so long as the same are applied in a nondiscriminatory manner throughout the CITY. D) In the event any modifications or amendments occur in the United City of Yorkville Subdivision Control Ordinance or other Ordinances of the CITY affecting the development that benefit OWNER, said modifications shall be effective as to the development in the event OWNER desires to take advantage of any modifications or amendments that are enacted by the City Council after the date of execution of this Agreement. E) That on -site infrastructure construction and engineering shall be governed by the standards contained in the United City of Yorkville Zoning and Building Codes and Ordinance and other applicable Ordinances. F) That it is contemplated between the parties that the City may create a Business District as described by the Business District Development and Redevelopment Act, 65 ILCS 5/11 -74.3 et seq. which would allow for the generation of additional sales tax revenue on the Commercial Parcel, at a rate of no more than an additional one percent (1 %) tax. The Owner/Developer agrees to not object to the creation of said Business District. One hundred percent (100 %) of all revenues received as a result of the aforesaid additional tax would be rebated back to the Owner(s) and Developer(s) by City as reimbursement for Owner(s) and Developer(s') share of engineering expenses and /or for improving and /or signalizing Route 47 abutting the Subject Property. G) OWNER ENTITLEMENTS 1) This Agreement shall inure to the benefit of and be binding upon the successors, heirs, and assigns of each party hereto. 2) If any portion of this Agreement were determined to be invalid by a court of competent jurisdiction the remaining portions thereof shall be in full force and effect between OWNER And the CITY. 3) This Agreement shall be binding upon each party hereto and in terms of performance for a period of twenty (20) years. In the event construction is commenced within said twenty (20) year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement by the CITY and OWNER. 4) The subject real property sought to be annexed by OWNER listed in this Agreement is intended to be developed by a third party, as DEVELOPER, or future DEVELOPERS receiving an assignment of the rights of Owner herein. (a) In the event the subject real property is annexed, zoned and this Agreement is approved, but the subject real property is not developed, for any calendar year in which development does not take place, the CITY shall rebate its portion of the real estate tax bill to the respective owner of record of the respective parcel of real property. 5) 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: United City of Yorkville Mayor Arthur F. Prochaska, Jr. 800 Game Farm Road Yorkville, IL 60560 With a copy to: United City of Yorkville's Attorney Mr. John Wyeth 800 Game Farm Road Yorkville, IL 60560 If to the OWNER: FIRST United Bank as Trustee of Trust #2189 Frankfort Banking Center 7626 W. Lincoln Highway Frankfort, IL 60423 With a copy to: Frank J. Cortina, Jr. Cortina & Mueller, PC 124 W. Washington Street Morris, IL 60450 Of to such other addresses as any party may from time to time designate in a written notice to the other parties. H) This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. I) In the event any portion of this 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. J) The CITY agrees to adopt any Ordinances, which are required to give legal effect to the matters contained in this Agreement including but not limited to an Annexation Ordinance and an Ordinance authorizing the Mayor and City Clerk to execute approving Annexation Agreement after due public hearing thereon, or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS THEREOF, the undersigned have hereunto set their hands and seals this 0�3 day of January, 2007. UNITED CITY OF YORKVILLE, Kendall County, Illinois MAYOR Attest: ( uV CITY CLERK Owner: FIRST UNITED BANK, As Trustee Under Trust Agreement Dated April 15, 2004 And Known As Trust #2189 Its: -/A, Q SEE ATTACHED FOR TRUST EXONERATION /EXCULPATORY PROVISION. DOCUMENT PREPARED BY: FRANK J. CORTINA, JR. CORTINA & MUELLER, P.C. 124 WEST WASHINGTON STREET MORRIS, IL 60450 (815) 942 -0635 EXONERATION CLAUSE - MISCELLANEOUS INSTRUMENTS 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, covenants, undertakings and agreements herein made on the part of the trustee while in form purporting to be the representations, covenants, undertakings and agreements of said Trustee are nevertheless each and every one of them, made and intended not as personal representations, covenants, undertakings and agreements by the Trustee or for the purpose or with the intention of binding said Trustee personally but are made and intended for the purpose of binding only that portion of the trust property specifically described herein, and this instrument is executed and delivered by said Trustee not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against the FIRST UNITED BANK or any of the beneficiaries under said Trust Agreement, on account of this instrument or on account of any representations, covenants, undertakings or agreements the said Trustee, whether or not in this instrument contained, either expressed or implied, all such personal liability, if any, being expressly waived and released. Date 4 C) FIRST UNITED BANK, not individually, but solely as Trustee under Trust Number c`P 1 0 6 Dated ApA�,L /- ��2 oo BY: Ronald J. Beran, AYistant Trust Officer EXHIBIT "A" LEGAL DESCRIPTION That part of the Northeast 1 /4 of Section 17, Township 37 North, Range 7 East of the Third Principal Meridian, Described as Follows: Commencing at the Northeast Corner of said Northeast 1 /4; Thence Westerly along the North Line of said Northeast 1 /4, 28.74 Feet to the Westerly Right of Way Line of Illinois State Route No. 47; Thence Westerly along said North Line, 213.30 Feet; Thence Southerly Parallel with the East Line of said Northeast' /4 721.70 Feet for a Point of Beginning; Thence Northerly along the last described course, 182.03 Feet; Thence Westerly Parallel with said North Line, 347.87 Feet; Thence Southerly along a line which forms an angle of 91 Degrees, 03 Minutes, 36 Seconds with the last described course, measured clockwise therefrom, 181.72 Feet to a line drawn Westerly from the Point of Beginning, Parallel with the South Line of the Northeast' /4 of said Northeast 1 /4; Thence Easterly along said Parallel Line, 345.80 Feet to the Point of Beginning, in Bristol Township, Kendall County, Illinois. And That Part of the Northwest Quarter of Section 16 and part of the Northeast Quarter of Section 17, all in Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Northeast Corner of the Northeast Quarter of said Section 17; Thence South 88 Degrees, 44 Minutes West along the North Line of said Quarter Section 28.30 Feet to the Westerly Line of State Route No. 47 for the Point of Beginning; Thence South 88 Degrees, 44 Minutes West along the North Line of said Quarter Section 213.30 Feet; Thence South 0 Degrees, 07 Minutes West Parallel with the East Line of said Quarter Section 721.70 Feet; Thence North 89 Degrees, 49 Minutes East Parallel with the South Line and South Line extended of the Northeast Quarter of the Northeast Quarter of said Section 17, 273.56 Feet to the Westerly Line of said State Route No. 47; Thence Northerly along said Westerly Line 727.95 Feet to the Point of Beginning, in the Township of Bristol, Kendall County, Illinois.