Ordinance 2006-105 20040003650
Fil8d fop Record in
KENDALL COUNTYP HLINDI'S
A
STATE OF ILLINOIS PAUL NDERSON 1 1 - 08-2006 At 02- rjm,,,
ss ORDINANCE 58. CIO
COUNTY OF KENDALL WSP Surcho.11SR, 10. 00
OPMINANCE NO. 2006-
AN OPIDINANCE AUTHOPUZING THE EXECUTION
OF AN ANNEXATION AGPEEMENT OF
(Borneman Farm)
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
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
zn
WHEREAS, the statutory procedures provided in 65 ILCS 11- 15.1. 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 JOSEPH BESCO
VALERIE BURD PAUL JAMES
DEAN WOLFER MARTY MUNNS.
ROSE SPEARS JASON LESLIE
CS
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this Day of , A.D. 2006. fj
MAYOR
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Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of _. , A.D. 2006.
ATTEST. - ¢-
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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ANNEXATION AGREEMENT
BETWEEN
NEIL BORNEMAN, BEVERLY BORNEMAN AND
CRAIG BORNEMAN, AS OWNERS
AND
THE UNITED CITY OF YO KVILLE
KENDALL COUNTY, ILLINOIS
Prepared by:
Robert E. Nelson
Attorney at Law
30 South Stoll) Avenue, Suit 402
Aurora, IL 60506
TABLE OF CONTENTS
Page
RECITALS: ................................................................................................................................... 1
1. ANNEXATION ................................................................................... ..............................2
2. ZONING .............................................................................................. ..............................3
3. FEES, DONATIONS AND CONTRIBUTIONS ............................... ............................... 3
4. RECAPTURE ...................................................................................... ..............................5
5. STORM WATER FACILITIES ......................................................... ............................... 5
6. AMENDMENTS TO ORDINANCES ............................................... ............................... 5
7. BUILDING CODE ............................................................................. ............................... 6
8. FEES AND CHARGES ...................................................................... ............................... 6
9. SPECIAL ASSESSMENTS OR SPECIAL USE DISTRICT 6
10. LIMITATIONS .................................................................................... ..............................6
11. RECAPTURE AGREEMENTS ......................................................... ............................... 6
12. YORKVILLE BRISTOL SANITARY DISTRICT ........................... ............................... 6
13. CONFLICT IN REGULATIONS ....................................................... ............................... 7
14. TRANSFER ......................................................................................... ..............................7
15. CITY ASSISTANCE .......................................................................... ............................... 7
16. GENERAL PROVISIONS ................................................................. ............................... 7
17. LIST OF EXHIBITS ......................................................................... ............................... 11
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
Robert E. Nelson
Attorney at Law
30 South Stolp Avenue
qnita 402
Aurora, Illinois 60506
ANNEXATION AGREEMENT,
THIS ANNEXATION AGREEMENT, including all Exhibits and attachments
( "Agreement "), is made and entered as of th day of 5EP i 6 2006 by and between
NEIL BORNEMAN, BEVERLY BORNEMAN, and CRAIG BORNEMAN, (referred to as
"OWNER") and the UNITED CITY OF YORKVILLE (hereafter referred to as "CITEY"), a
municipal corporation organized and existing under and by virtue of the laws of the State of
Illinois by and through its Mayor and Aldermen ( "Corporate Authorities "). OWNER and
CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the
"Parties ".
RECITALS:
A. OWNER is the owner of record of the real estate legally described on Exhibit
"A" attached hereto ( "hereafter referred to as "Subject Property ")
B. OWNER desires to annex the Subject Property to CITY. The Subject Property
is contiguous with the existing corporate limits of CITY and is not within the boundary of any
other municipality.
C. 1. The Subject Property is located within the Fox and Little Rock Township
Fire Protection District and the Fox Township Road District and will remain within the
jurisdiction of the Bristol- Kendall Fire Protection District and, upon annexation, will be served
by CITY'S public library. The Subject Property adjoins, abuts, and is contiguous to a) a portion
of a certain right -of -way known as Highpoint Road, dedicated for public purposes, b) a portion
of certain right -of -way known as Budd Road, dedicated for public purposes and c) a portion of
certain right -of -way known as Illinois State Route 71, dedicated for public purposes. The
contiguous portions of Highpoint Road, Budd Road and Illinois State Route 71 have not been
annexed to any municipality.
2. The Subject Property constitutes territory that is contiguous to and may be
annexed to the City, as provided under §7 -1 -1, et seq., of the Illinois Municipal Code (65 ILCS
5/7 -1 -1, et seq.).
D. The Owner desires to have the Subject Property annexed to the City on the
terms and conditions provided herein.
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E. All public hearings, as required by law, have been duly held by the appropriate
hearing bodies of CITY upon the matters covered by this Agreement. Pursuant to the provisions
of 65 ILCS 5/11- 15.1 -1, et seq. a proposed annexation agreement in substance and form the
same as this Agreement was submitted to the Corporate Authorities and a public hearing was
held thereon pursuant to notice, all as provided by statute and the ordinances of the City.
F. CITY has have given all appropriate notices due to be given pursuant to
applicable provisions of the Illinois Compiled Statutes and CITY Ordinances. The township
highway commissioner, and other entities or persons entitled to notice prior to annexation of the
Subject Property to the City have been given notice thereof by the City as required by law.
ZD
G. The Corporate Authorities, after due and careful consideration, have concluded
that the annexation and rezoning of the Subject Property as provided for herein will inure to the
benefit and improvement of CITY in that it will increase the taxable value of the real property
within its corporate limits, promote the sound planning and development of CITY and will
otherwise enhance and promote the general welfare of the people of CITY.
H. It is the desire of CITY and OWNER that the annexation and use of the Subject
Property proceed, in accordance with the terms and provisions of this Agreement, and be subject
to the applicable ordinances, codes and regulations of CITY now in force and effect, except as
otherwise provided in this Agreement.
I. CITY's Plan Commission has considered the Petition, and the corporate
authorities of CITY have heretofore approved the proposed land use and the zoning of the
Subject Property as proposed by OWNER.
NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants
and agreements contained 'herein, the Parties hereto agree to enter into this Agreement upon the
following terms and conditions:
1. ANNEXATION.
A. This Agreement is made pursuant to and in accordance with the provisions of
Sections 5/1- 11- 15.1 -1 et . seq., of the Illinois Municipal Code (Chapter 65, Illinois Compiled
Statutes, 2002); that said State of Illinois statutory provisions provide for annexation agreements
to be entered into between owners of record and municipalities; that all of the requirements of
the Illinois Compiled Statutes ( "Statutes ") and specifically Sections 5/1 -11- 15.1 -1 et. seq., of the
Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes, 2000), in regard to publication
and notice have been met prior to the date fixed for the hearing on the proposed Agreement.
B. The Owners have filed with the City Clerk a Petition for Annexation for the Subject
Property to the United City of Yorkville, conditioned on the terms and provisions of this
Agreement, which petition has been prepared, executed, and filed in accordance with 65 ILCS
5/7 -1 -5, and the ordinances and other requirements of the City. A copy of said Petition is
attached hereto as Exhibit B and made a part hereof. The City has waived payment of all fees
and deposits required for such annexation.
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The City has filed with the City Clerk a preliminary Plat of Annexation which contains
an accurate map of the Subject Property, which Plat is attached hereto as Exhibit C and made a
part hereof.
C. Upon the execution of this Agreement by the OWNER, CITY shall execute this
Agreement and enact ordinances necessary to annex the Subject Property into the corporate
limits of CITY pursuant to the Petition for Annexation and subject to the terms of this
Agreement. It is agreed that CITY will promptly record the enacted annexation ordinance and
any required plats with the Kendall County Recorder's Office and will file same with the
Kendall County Clerk's Office.
D. If for any reason and at any time the annexation of the Subject Property to CITY is
legally challenged by any person or entity by an action at law or in equity, CITY shall: (i)
cooperate with the OWNER in the vigorous defense of such action through all proceedings,
including any appeals; and (ii) take such other actions as may then or thereafter be possible
pursuant to the Illinois Municipal Code to annex the Subject Property and /or other properties to
CITY so that the annexation of Subject Property to CITY can be sustained and /or effected.
2. ZONING. The Corporate Authorities shall adopt such ordinances as may be
necessary and appropriate to classify the Subject Property as A -1 Agricultural District and B -3
Service Business, District. The area that shall have the B -3 Service Business District zoning
classification overall shall not be less than 55 acres in size and shall correspond with the City's
Comprehensive Plan as currently in effect. A graphic description of the zoning districts is
attached hereto as� Exhibit D. Once such ordinances are adopted the zoning map of CITY and the
City's Comprehensive Plan shall thereupon be modified to reflect the classifications of the
Subject Property as aforesaid.
Since, prior to the date of this Agreement, all public hearings necessary to enable City
lawfully to grant said zoning classifications as to the Subject Property were properly convened
and conducted upon prior notice, no further action needs to be taken by Owner to cause Subject
Property to have -the zoning classifications A -1 Agricultural District and B -3 Service Business
District once the Subject Property is annexed to City. All or any portion of the Subject Property
may be used for farming and ancillary uses, provided, however, should construction commence
on a portion of the Subject Property for which a development plan has been approved, then
farming and ancillary uses shall cease on that portion where construction has commenced. For
any and all portions of Subject Property which Owner devotes to farming City shall suspend
enforcement of any City ordinance that forbids burning of leaves or brush within City limits.
3. FEES, DONATIONS AND CONTRIBUTIONS. Owner shall not be required to
donate any land or money to City, except as expressly provided herein. Since City sought from
Owner the Owner's consent to annex to City, as part consideration for Owner's cooperation and
agreement to annex the Subject Property to City, City agrees to assume the expense for or to
waive the normal Tees or contributions for the following:
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A. City shall assume all expense for consultants' services, preparation of
survey and plats, public notice publications, City attorneys' services, preparation of ordinances,
and fees to record the annexation agreement, all exhibits and all required plats.
B. City shall provide, at no expense to Owner, through its engineer or
planner, an initial�concept plan, if Owner desires that a concept plan be prepared.
C. City shall afford to the Subject Property and Owner police protection, 911
service and library service at no cost to Owner.
D. City shall rebate to Owner so much of each real estate tax bill that Owner
receives that pertains to the general City tax levy and the City library tax levy on the Subject
Property, provided that Owner shall first present a copy of the real estate tax bill for which a
rebate is sought to the City Treasurer. The City shall process and pay the rebate to Owner within
30 days of presentation to the Treasurer of a tax bill copy. The privilege for rebate, as provided
in this paragraph, shall cease for each portion of the Subject Property that is covered by a Final
Plat of Subdivision that City is called upon to approve, upon recording of that Final Plat. The
privilege for rebate, as provided in this paragraph, shall also cease for each defined portion of the
Subject Property for which a building permit is drawn for construction of a commercial building
(assuming no prior subdivision of the property is required under the City's subdivision
ordinances).
E. City hereby waives any requirements under existing City ordinances that
would compel Owner to pay a filing fee for seeking annexation to City of the Subject Property.
City waives all O urrent and future annexation fees now or hereafter required under any City
ordinances with respect to the Subject Property.
F. City hereby waives any requirement under existing City ordinances that
would compel Owner to pay any fee and /or to donate any land pursuant to the school district
land cash ordinance and land cash ordinance for CITY park purposes, provided, however, that
for each portion of the Subject Property that is covered by a Final Plat of Subdivision that City is
called upon to approve, upon such approval City's waiver of the application of the school district
land cash ordinance and the land cash ordinance for CITY park purposes shall terminate as to
such platted property.
G. 1 City hereby waives payment of any and all school district land /cash
ordinance fees and contributions and any and all park land /cash ordinance fees and contributions
for that portion of. Subject Property having a business zoning classification.
H. City hereby waives any requirements under existing City ordinances that
would compel Owner to pay any City development fees and any City municipal building fees,
provided, however, that for each portion of the Subject Property that is covered by a Final Plat of
Subdivision that _City is called upon to approve, upon such approval City's waiver of the
application of such ordinances shall terminate as to such platted property.
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4. RECAPTURE. CITY represents and warrants to OWNER that OWNER shall not,
upon annexation of the Subject Property, become liable to CITY or any other party for recapture
of costs for the installation of any sewer or water lines or storm water lines and /or storage
facilities or other public improvements that are now or later do become available to serve the
Subject Property, provided that the abeyance of recapture for sewer or water lines or storm water
lines and /or storage facilities or other public improvements shall cease for each portion of the
Subject Property that is covered by a Final Plat of Subdivision that City is called upon to
approve, upon recording of the Final Plat for such portion of the Subject Property.
5. STORM WATER FACILITIES. Until such future time when Owner shall seek to
subdivide and further develop the Subject Property, Owner shall not provide for storm water
drainage and the retention /detention thereof upon and from the Subject Property. However, for
each portion of the Subject Property that is covered hereafter by a Final Plat of Subdivision the
City storm water facilities ordinances shall apply.
6. AMENDMENTS TO ORDINANCES.
A- 1. For a period of seven (7) years following the date of this agreement, any ordinances,
regulations or codes which are subsequently enacted by CITY shall not be applied to the
development of the Subject Property except upon the written consent of OWNER. Nevertheless,
in the event CITY is required to modify, amend or enact any ordinance or regulation and to apply
the same to the Subject Property pursuant to the express and specific mandate of any superior
governmental authority, and applicable generally within CITY and not specifically to the
SUBJECT PROPERTY, such ordinance or regulation shall apply to the Subject Property,
requiring owner's compliance, provided, however, that any so called "grandfather" provision
contained in such superior governmental mandate which would serve to exempt or delay
implementation against the Subject Property shall be given full force and effect. Nothing herein
shall be construed as to prevent OWNER from contesting or challenging any such mandate of
any superior governmental authority at the sole cost of OWNER in any way legally possible,
including, without limitation, by challenging such mandate on its face or as applied to the
Subject Property in any administrative or judicial forum having jurisdiction,
A -2. Notwithstanding any of the terms or provisions of this Agreement, no change,
modification or enactment of any ordinance, code or regulation, so long as they do not affect
CITY's ISO insurance rating, shall be applied following the execution of this Agreement so as
to: (i) affect the` zoning classifications of the Subject Property, (ii) affect the uses permitted
under the Zoning Ordinances of CITY specified under this Agreement, or (iii) interpret any
CITY ordinance in a way so as to prevent OWNER or OWNER'S assigns from developing the
Subject Property or any portion thereof in accordance with this Agreement. Except as modified
by the previous sentence and the provisions hereof or other terms and provisions of this
Agreement, OWNER shall comply in all respects with the conditions and requirements of all
ordinances of CITY, applicable to the Subject Property and all property similarly situated and
zoned within CITY as such ordinances may exist from time to time subsequent to annexation to
CITY, provided, however, notwithstanding any other provision of this Agreement, if there are
ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their
application to similarly situated and zoned lands, then OWNER, at OWNER'S election, shall be
entitled to application of such less restrictive ordinances, regulations and /or codes to the Subject
Property and any portion thereof.
A -3. OWNER and all successor parties in interest to the Subject Property or any part thereof
shall be entitled' to take advantage immediately of any future amendment(s) to CITY'S
ordinances, regulations, resolutions and /or codes that establish provisions that are less restrictive
than the provisions of CITY'S current codes in effect as of the effective date of this Agreement
so long as such less restrictive provisions do not frustrate the purpose of this Agreement or the
intent of the parties relative to the development of the Subject Property. In the event of any
conflict between the provisions of this Agreement, and the ordinances, codes, regulations and
resolutions of CITY, the provisions of this Agreement shall control over the provisions of any
ordinances, codes, regulations and resolutions of CITY.
7. BUILDING CODE. All deletions or additions to the building codes of CITY
pertaining to life /safety considerations adopted after the date of this Agreement shall be
applicable to the Subject Property upon the expiration of the twelfth (12 ") month following the
effective date of such deletion or addition or any time thereafter.
8. FEES AND CHARGES. During the first seven (7) years of the term of this
Agreement, CITY shall impose upon and collect from OWNER and OWNER'S respective
contractors and suppliers, and successors and assigns only those permit, license, tap on and
connection fees and charges, in such amounts or at such rates, as are in effect on the date of this
Agreement and as are generally applied throughout CITY.
9. SPECIAL ASSESSMENT OR SPECIAL USE. Any special assessment or
special use district imposed by City shall not be effective against the Subject Property without
OWNER'S prior written consent.
10. LIMITATIONS. In no event, including, without limitation, the exercise of the
authority granted in Chapter 65, Section 5/11 -12 -8 of the Illinois Compiled Statutes (2002 ed.),
shall CITY require that any part of the Subject Property be designated for public purposes,
except as otherwise expressly provided in this agreement.
11. RECAPTURE AGREEMENTS. There are currently no recapture agreements or
recapture ordinances affecting public utilities which may be utilized to service the Subject
Property of which CITY has any knowledge, or under which CITY is or will be required to
collect recapture .amounts from OWNER or OWNER'S successors, upon connection of the
Subject Property to any of such public utilities.
12. YORKVILLE BRISTOL SANITARY DISTRICT. CITY shall not currently
require that Owner shall annex the Subject Property or any part thereof to the Yorkville Bristol
Sanitary District, provided however, that for each portion of the Subject Property that is covered
by a Final Plat of Subdivision that City is called upon to approve, City may require, as a
condition of approval, that the property which is the subject of the Final Plat be annexed to a
sanitary district capable of serving the property.
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13. CONFLICT IN REGULATIONS. The provisions of this Agreement shall
supersede the provisions of any ordinance, code, or regulation of CITY which may be in conflict
with the provisions of this Agreement.
14. TRANSFER. It is specifically understood and agreed that OWNER and
OWNER'S successors and assigns shall have the right to sell, transfer, mortgage and assign all
or any part of the Subject Property or any part thereof and the improvements thereon to other
persons, trusts, partnerships, firms, or corporations for ownership, operation, investment,
building, financing, developing, construction 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 has under this Agreement, and upon such transfer, such
obligations relating to that part of the Subject Property sold, transferred, mortgaged or assigned
shall be the sole obligation of the transferees, and transferor shall be relieved of all duties and
obligations hereunder relating to that portion of the Subject Property, or part thereof so sold,
transferred or assigned.
15. CITY ASSISTANCE. CITY agrees to cooperate and provide any reasonable
assistance requested by OWNER in applying for and obtaining any and all approvals or permits
necessary for the development of the Subject Property, including, but not limited to those
required from the IEPA, the Army Corps of Engineers, the Federal Emergency Management
Agency, IDOT, the Illinois Department of Natural Resources, and Fox Township. CITY further
agrees to reasonably cooperate with OWNER in obtaining all permits and approvals required by
the County of Kendall and all other governmental units in connection with the eventual
development of the Subject Property.
16. GENERAL PROVISIONS.
A. Enforcement.
1. This Agreement shall be enforceable in the Circuit Court of Kendall
County by any of the parties or their successors or assigns by an appropriate action at law or in
equity to secure the performance of the covenants and agreements contained herein, including
the specific performance of this Agreement. This Agreement shall be governed by the laws of
the State of Illinois.
2. ; In the event of a material breach of this Agreement, the parties agree that
the defaulting party shall have thirty (30) days after notice of said breach to correct the same
prior to the nonbreaching party's seeking of any remedy provided herein; provided, however: (i)
any breach by OWNER reasonably determined by CITY to involve health or safety issues may
be the subject of immediate action by CITY without notice or thirty (30) day delay; and (ii) if the
cure for any breach that does not involve health or safety issues cannot reasonably be achieved
within thirty (30) days, the cure period shall be extended provided the breaching party
commences the cure of such breach within the original thirty (30) day period and diligently
pursues such cure to completion thereafter.
3. 1 In the event the performance of any covenant to be performed hereunder
by either OWNER or CITY is delayed for causes which are beyond the reasonable control of the
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party responsible for such performance (which causes shall include, but not limited to, acts of
God; inclement .weather conditions; strikes; material shortages; lockouts; the revocation,
suspension, or inability to secure any necessary governmental permit, other than a CITY license
or permit; and any similar case) the time for such performance shall be extended by the amount
of time of such delay.
4. The failure of the parties to insist upon the strict and prompt performance
of the terms, covenants, agreements, and conditions herein contained, or any of them, upon any
other party imposed, shall not constitute or be construed as a waiver or relinquishment of any
party's right thereafter to enforce any such term, covenant, agreement, or condition, but the same
shall continue in full force and effect.
B. Successors and Assbms. This Agreement shall inure to the benefit of and be
binding upon the OWNER and OWNER'S successors in title and interest, and upon CITY, and
any successor municipalities of CITY. It is understood and agreed that this Agreement shall run
with the land and as such, shall be assignable to and binding upon subsequent grantees and
successors in interest of the OWNER and CITY. The foregoing to the contrary notwithstanding,
the obligations and duties of OWNER hereunder shall not be deemed transferred to or assumed
by any purchaser of a lot improved with a dwelling unit who acquires the same for residential
occupancy, unless otherwise expressly agreed in writing by such purchaser.
C. This Agreement contains all the terms and conditions agreed upon by the parties
hereto and no other prior agreement, excepting the Annexation Agreement it amends, regarding
the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge
and agree that the terms and conditions of this Agreement have been reached through a process
of good faith negotiation, both by principals and through counsel, and represent terms and
conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually
binding upon each of them.
D. Notices. Notices or other materials which any party is required to, or may wish
to, serve upon any other party in connection with this Agreement shall be in writing and shall be
deemed effectively given on the date of confirmed telefacsimile transmission, on the date
delivered personally or on the second business day following the date sent by certified or
registered mail, return receipt requested, postage prepaid, addressed as follows:
If to Owner: Neil Borneman
12403 Budd Road
Yorkville, IL 60560
with a copy to: Robert E. Nelson
Attorney at Law
Keystone Building
30 South Stolp Avenue, Suite 402
Aurora, IL 60506
Phone: (630) 892 -4344
Fax: (630) 892 -4371
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If to City: United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
with a copy to: City Attorney
John Justin Wyeth
800 Game Farm Road
Yorkville, IL 60560
or to such other persons and /or addresses as any party may from time to time designate in a
written notice to the other parties.
E. Severabilitv. This Agreement is entered into pursuant to the provisions of
Chapter 65, Sec. 5/11 - 15.1 -1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part
or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is
held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or
designation of this Agreement shall be deemed to be excised from this Agreement and the
invalidity thereof shall not affect such portion or portions of this Agreement as remain. In
addition, CITY, OWNER shall take all action necessary or required to fulfill the intent of this
Agreement as to the use and development of the Subject Property.
F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be
amended from time to time in writing with the consent of the parties, pursuant to applicable
provisions of CITY Code and Illinois Compiled Statutes. This Agreement may be amended by
CITY and the owner of record of a portion of the Subject Property as to provisions applying
exclusively thereto, without the consent of the owner of other portions of the Subject Property
not affected by such Agreement.
G. Convevances and Assignments. Nothing contained in this Agreement shall be
construed to restrict or limit the right of the OWNER to sell or convey all or any portion of the
Subject Property,. whether improved or unimproved, or to assign or sell any rights hereunder to
third parties.
H. Necessary Ordinances and Resolutions. CITY shall pass all ordinances and
resolutions necessary to permit the OWNER and OWNER'S successors or assigns, to develop
the Subject Property in accordance with the provisions of this Agreement, provided said
ordinances or resolutions are not contrary to law. CITY agrees to authorize the Mayor and CITY
Clerk to execute this Agreement or to correct any technical defect which may arise after the
execution of this. Agreement. Within 30 days after the execution hereof, the text of this
Agreement shall be recorded in the office of the Recorder of Deeds in Kendall County, Illinois at
City's sole cost and expense.
I. Term of Agreement. The term of this Agreement shall be twenty (20) years. In
the event construction is commenced within said twenty -year period all of the terms of this
Agreement shall remain enforceable despite said time limitation, unless modified by written
agreement of CITY and OWNER.
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J. Captions and Paragraph Headings. The captions and paragraph headings used
herein are for convenience only and shall not be used in construing any term or provision of this
Agreement.
K. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement,
and the exhibits attached hereto, are incorporated herein by this reference and shall constitute
substantive provisions of this Agreement.
L. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
document.
M. Time Is of the Essence. Time is of the essence of this Agreement and all
documents, agreements, and contracts pursuant hereto as well as all covenants contained in this
Agreement shall be performed in a timely manner by all parties hereto.
N. Exculpation. It is agreed that CITY is not liable or responsible for any restrictions
on CITY's obligations under this Agreement that may be required or imposed by any other
governmental bodies or agencies having jurisdiction over the Subject Property, CITY, or
OWNER, including, but not limited to, county, state or federal regulatory bodies.
O. Use of Plural. Whenever the plural form of a word is used herein, it shall be
interpreted to mean the singular form of the same word if the singular form is applicable.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this
Agreement as of the day and year first above written.
OWNER: r
Dated
Neil Borneman
Dated
Bevgvfy Bo eman
f
v = i < , ; Dated i
Cra(g iorneman
4
CITY:
United City of Yorkville
Illinois Municipal Corporation
By: Att
Mayor City Clerk
Dated:
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LIST OF EXHIBITS
EXHIBIT "A" SUBJECT PROPERTY LEGAL DESCRIPTION
EXHIBIT "B" PETITION FOR ANNEXATION
EXHIBIT "C" PLAT OF ANNEXATION
EXHIBIT "D" GRAPHIC DESCRIPTION OF ZONING DISTRICTS
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EXHIBIT A
LEGAL DESLREMaN
INAT PART Of SECTIOW 12 AND 1 3 IN 70WOW 38 NORTH. RANGE 6 EAST
OF THE 7NM PRINICIPAL LOWAN AND PART OF 'THE WEST HALF OF
SECTION 7. TONOW 36 NaM RANGE 7 EAST Of THE 1HIRI) PRINCIPAL
MERIDIAN BM DESCF48ED By COMMENCING AT A FOUNI) STOW AT IM
NORIHEJW CORNER OF SM SECTION 1 3 FOR TFIE POW OF BEGINWA
1 8 LORM 46 SECONDS WEST ALMG IM EAST
UNE OF SAM SEnON i
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EXHIBIT "B"
UNITED CITY OF YORKVILLE
800 Game Farm Road
Yorkville, IL 60560 RE CD
630/553-4350
Pc # goct - qq
APPLICATION & PETITION
ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR
SPECIAL USE REQUEST
Development Name: Borneman Farm Date of Submission: May 26, 2006
Requesting: B Annexation :M Zoning [] Planned Unit Development
R Special Use: B-3 Gasoline Service Station
1. Name of Petitioner(s): Neil Borneman, Beverly Borneman, - -*Cry icl Bo� - eman
Address: 12403 Budd Road, Yorkville, IL 60560 co' - 1 ,
Phone Number: (630) 553-5923 Fax Number:
Relationship of Petitioner(s) to subject property:
:R Owner [] Developer [] Contract Purchaser
2. Name of holder of legal title, if different from 41:
If legal title is held in a Land Trust, list the names of all holders of any beneficial interest
therein:
3. a). (i). Street address and physical location of subject property:
5 V� acres, more or less, lying North and South of Route 71 and East of
Higkipoint Road
(ii). Zoning of surrounding parcels:
North: Kendall County Agriculture
S Kendall County Agriculture
East: Kendall County Acrriculture
West: Kendall County Agriculture
b). Legal description of property; attach as Exhibit "A".
c). Total Acreage: _Q�,S
Pa I of 5
United Cit of Yorkville Annexation,PUD,Zonin Use Application Revised: 2/25/04
3. (con't):
d). Kendall County Parcel Number(s) of property
e). Current Zoning Classification: Kendall Countv Agriculture
f). Zoning Classification Requested: A -1 Agriculture District; B -3 Service Business
District; and B -3 Special Use for Gasoline Service
g). Is this property within City limits? Yes X No, requesting annexation Station
4. Names and addresses of any adjoining or contiguous landowners and landowners within 500'
entitled to notice of petition under any applicable City ordinance or State Statute:
Attach a separate list and label as Exhibit "B ".
5. List all governmental entities or agencies required to receive notice under Illinois law:
Fox Township Hiqhway Comuissioner
6. List the Illinois Business Tax Number (IBT4) for the State of Illinois and names of businesses
located on subject property to be annexed:
7. Does a flood plain exist on the subject property? 1\Tn
8. Do Electors reside on the subject property? Yes
If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a
resident of the parcel who is a registered voter. Legal_ owners of the annexing p a, cel must
sign the petition regardless of place of residence or legal voting status.)
9. Contact Information: Name, address, phone number and fax number of person to whom
inquiries regarding this petition may be directed:
Attorney: Name: Robert E. Nelson
Address: 30 South Stolp Avenue, Suite 402, Aurora, IL 60506
Phone Number: ( 630) 892 -4344 Fax Number: ( 630) 892 -4371
Engineer: Name:
Address:
Phone Number: Fax Number:
Land Planner: Name:
Address:
Phone Number: Fax Number:
Page 2 of 5
United City of Yorkville Annexation,PUD.Zoning,Special Use Application Revised: 2/25/04
10. Submit the following to the Deputy Clerk in order to be scheduled for the necessary
committee meetings. An incomplete submittal could delay the scheduling of your project.
a. Original application with legal description plus 40 copies.
b. Appropriate filing fee (Please refer to page 4 of this application to `Petitioner Route,
Step 1, Fees" and /or contact the Deputy Clerk for verification of this amount).
r Convent nr Preliminary Cite Plan• AO cPtS fnlded to ft iyn n 1 (1" v 1 2" an��aln,.e
r Y
In witness whereof the following petitioner(s) have submitted this application under oath and
verify that to the best of their knowledge its contents are true and correct and swear that the
property to be annexed i *contiguous to the United City of Yorkville.
Date: May�,?7 , 2006 *about to be
Petitioner(s) Signature: (All legal property owners signatures must appear on this application.)
P 1� }
L.,.
" &Z/ ; 7 / V
,� ir�� y- e�r�r�v
Subscribed and sworn to before me this 1 .,_ dAY of M n 200 6
Notary Seal V `
THIS APPLICATION MUST BE NOTAItI
" nFICIAL SEAL"
R OBERT E. NELSON �
NOTF,RY PUBLIC, STATE OF ILLINO L5
kN COMMISSION EXPIRES 8/3/2005 �
Page 3 of 5
United City of York-ville Annexation,PUD,Zoning,Special Use Application Revised. 2/25/04
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LAND SURVEYORS, Imc.
4West Main Street
Plano, lllanois 60545
(630) 597,7452
DESIGN FIRM NO. 184. 004475
WM30 269312974 -991 a (AHMEM