Ordinance 2006-151 i
200700020740
Filed for Record in
KENDALL COUNTY► ILLINOIS
PAUL ANDERSON
STATE OF ILLINOIS ) 07 -09 -2007 At 09:43 am.
ORDINANCE 51.E0
ss RHSP Surcharge 10.00
COUNTY OF KENDALL )
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ORDINANCE NO. 2006- 1 S
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
(Otis Property Management, Inc.)
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
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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
Agreement are ready, willing and able to enter into said Agreement and to perform the
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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 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 S- JOSEPH BESCO Q
VALERIE BURD PAUL JAMES
DEAN WOLFER MARTY MUNNS
ROSE SPEARS JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this C�0 Day of A.D. 2006.
MAYOR
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Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this a62 day of :66CER4&i , A.D. 2006.
ATTEST:�Q
CIT LERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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STATE OF ILLINOIS )
COUNTY OF KENDALL )
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ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE
OTIS PROPERTY MANAGEMENT, INC.
THIS AGREEMENT is made and entered into this 06 day of ��� , 2006
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by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal
corporation, located in Kendall County, Illinois (hereinafter referred to as "CITY "), and OTIS
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PROPERTY MANAGEMENT, INC. (hereinafter referred to as OWNER/DEVELOPER)of the
County of Kendall, State of Illinois.
WITNESSETH
WHEREAS, OWNER/DEVELOPER is the owner of real property which is the subject
matter of said Agreement comprising approximately 2.0031 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 desires to annex the said real property described
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into the CITY, its Plan Commission has considered the Petition to Annex, 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
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, 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, 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 5111- 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
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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.
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 B -3 Service Business District.
The CITY by approve of this Agreement hereby amends its Comprehensive Plan
as to the subject property to show the same as a Commercial B -3 Service Business District Use
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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 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
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Zoning.
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 by Koziol Engineering and dated
2006.
(a) OWNER/DEVELOPER shall be responsible for providing landscaping, in
conformance with CITY standards along all perimeter boundaries of the subject
property and providing future cross - access easements as shown on Exhibit `B ".
(b) OWNER/DEVELOPER shall be permitted to have parking in the front setback
adjacent to Illinois Route 71, within Twenty (20) Feet of its front property line as
it now exists in the event any further right -of -way acquisition should be made by
the Illinois Department of Transportation along Route 71, parking may take place
in the front setback from said right -of -way within Ten (10) Feet of any future
right -of -way taking.
(c) OWNER/DEVELOPER shall establish the landscape buffer along Illinois
State Route 71 behind the proposed North Right -of -Way line of the Illinois
Department of Transportation.
(iv) That OWNER/DEVELOPER shall provide the number of parking places as set
out on the attached Exhibit `B" attached hereto and incorporated herein by
reference.
(v) OWNER/DEVELOPER and the CITY agree that OWNER/DEVELOPER shall be
permitted to conduct the uses on the subject property that are excerpted from the
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United CITY of Yorkville Zoning Classification for O- Office District, B -I
Limited Business District, B -2 General Business District, B -3 Service Business
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 OWNER/DEVLOPER agrees that it 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
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out in Exhibit "C" attached hereto and incorporated herein by reference.
(vi) 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 its successors, 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 Staff 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 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 and Sanitary Sewer System at the time that those
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utilities are within Two Hundred Fifty (250) Feet of the SUBJECT PROPERTY, and if
easements are available to connect said real property. In the event either of said utilities are not
available within the above stated distance to the SUBJECT PROPERTY, or if easements for
connection are not available even through said utilities are available closer,
OWNER/DEVELOPER may develop the subject parcel with septic system and private well even
though municipal utilities may not be available.
(i) OWNER/DEVELOPER further agrees to grant and easement to the United
City of Yorkville for purposes of extending a watermain and if necessary to service the subject or
adjoining properties, to install at CITY expense a Booster/Pressure Reducing Station on the
property of OWNER/DEVELOPER 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
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interfere with the orderly development and use of the property by OWNER or its tenants. The
cost of said easement including documents, review, and recording would be at CITY expense.
(ii) OWNER/DEVELOPER further agrees to grant an easement to the United
City of Yorkville for purposes of extending a sanitary -sewer main and if necessary to service the
subject or adjoining properties, to install at CITY expense a sanitary -sewer main on the property
of OWNER/DEVELOPER 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 tenants. The cost of said
easement including documents, review, and recording would be at CITY expense.
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(iii) The subject property may or may not be included in a Regional
Stormwater Study which is being undertaken by the CITY. In the event OWNER/DEVELOPER
needs off -site stormwater detention, or releases into any regional stormwater detention facility,
OWNER/DEVELOPER will participate to the extent that connection charges are established in a
non - discriminatory fashion based on volume contributed to any said facility, if an Ordinance and
schedule for connection is created and if the subject property connects to the same.
C. Upon annexation, the Owner will receive police protection, 911 Service, ,
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and all services as provided by CITY to its property owners and residents.
OWNER/DEVELOPER shall be entitled to receive sanitary sewer and water services when they
are available within Two Hundred and Fifty (250 ft.) Feet of the subject property.
D. The CITY will require the Owner to annex to Yorkville Bristol Sanitary
District at the time of applying for a building permit.
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E. Permit an Economic Incentive Agreement to be requested by
OWNER/DEVELOPER as to any portion of the off -site, pursuant to such an Agreement out of
up to 50% of any Sales Tax Receipts from users on the subject site in conformity with the United
City of Yorkville Economic Development Incentive Policy.
3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is
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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
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privileges and shall 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
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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.
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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
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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
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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.
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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
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
With a copy to: Attorney John Wyeth
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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To OWNER: OTIS Property Management, INC.
Dr. Anthony Milazzo
4771 Route 71
Oswego, IL 60543
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
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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
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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
o p day of Z � 2006.
UNITED CITY OF YORKV LE
By:
Arthur F. Prochaska, Jr., Mayor
Attest: -
IEPUTY CITY Clerk
OWNER/DEVELOPER:
By:
Cl-
Attest:C CL—
Prepared by and Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
Legal Description: Ex-�-t1e,(- Al
That part of the Southwest Quarter of Section 5 and part of the Northwest Quarter of Section 8, Township 36 North,
Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Southeast corner of said Se(lion S;
thence North 5 degrees, 47 minutes, 0 seconds West 252.75 feet to the tangent of the center line of Illinois Route 71,
said point being P.I. Station 1425 +19.65 of said center line; thence South 85 degrees, 37 minutes, 0 seconds West along
said tangent and along the center line and along a tangent of said center line 2089.98 feet to P,1. Station 1404 - 3: 1.50;
thence South 74 degrees, 14 minutes, 0 seconds West along the tangent and along the center line of Illinois Route ?1,
1855.80 feet; thence North 18 degrees, 07 minutes, 30 seconds West 69.2 feet to the Northerly line of said Illinois Route
71 for the point of beginning; thence North 18 degrees, 07 minutes, 30 seconds West 418 feet; thence North 7 degrees,
42 minutes, 30 seconds East parallel with the Northerly line of said Illinois Route 71, 209 feet; thence South 18 degrees,
07 minutes, 30 seconds East 418 feet to the Northerly line of said Illinois Route 71; thence South 79 degrees, 42 minutes,
30 seconds West along said Northerly line 209 feet to the point of beginning, in the Township of Kendall, Kendall County,
Illinois.
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