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Ordinance 2006-129 2j! X700015760 Filed for Record in KENDALL COUNTYr ILLINOIS STATE OF ILLINOIS ) PAUL ANDERSON 05 -15 -7007 At 11:15 am. )ss ORDINANCE 50.00 COUNTY OF KENDALL ) RNSF Surcharse 10.00 i ORDINANCE NO. 2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (Matlock Subdivision) 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 a gr by Y 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 L ^ JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS 4 ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2006. MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this DA day of a , A.D. 2006. ATTEST: CITY CLERK I i Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 I i i I Page 3 of 3 STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) ANNEXATION AGREEMENT OF DAVE MATLOCK AND CAROL MATLOCK AND THE UNITED CITY OF YORKVILLE This tion Agreement (hereinafter "Agreement "), is made and entered into this day of =�, 2006, by and between the UNITED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as: "CITY" and DAVE MATLOCK AND CAROL MATLOCK, herein after referred to collectively as "OWNERS ". WITNESSETH WHEREAS, OWNERS own fee simple title to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 18.8 acres, more or less (hereinafter "PROPERTY "); and i WHEREAS, it is the desire of OWNERS to provide for the annexation of the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time. OWNERS propose that the PROPERTY be rezoned as R -2 One Family Residence District as depicted on the Plat of Annexation attached hereto and incorporated herein as Exhibit "B ". WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNERS and CITY has or will A erform all acts and execute all documents required by law to effectuate such annexation; and WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly ixed the time for public Y p hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as 1 required by the provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation all as required by the provisions of the CITY'S Ordinances and Illinois Compiled Statutes; and I WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNERS and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11- 15.1 -1 through 15.1 -5, inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subject PROPERTY and to provide for various other matters related directly or indirectly to the annexation of the PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have had such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11- 15 -1.3 and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: 1. ANNEXATION. OWNERS has filed with the Clerk of the CITY a duly and properly executed petition pursuant to, and in accordance with the provisions of 65 ILCS 5/7 -1 -1 et seq. to annex the PROPERTY and any adjacent roadways not previously annexed to the United City of Yorkville. 2. ZONING. A. Contemporaneously with the Annexation of the subject PROPERTY, the CITY shall adopt an ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified as R -2 One Family Residence District as depicted on the Plat of Annexation attached hereto and incorporated herein as Exhibit "B ".. B. Contemporaneously with the Annexation of the PROPERTY, the CITY 2 shall, if necessary, amend its Comprehensive Plan to provide for the uses on the PROPERTY that are reflected in this Agreement. I C. The CITY and OWNERS agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE, for a period of five (5) years from the date of execution of this Agreement. After the expiration of said five (5) year time frame, if there have been changes in Subdivision Control Ordinances, Fee Ordinances, or, building codes, the same shall be applied to the subject property as duly passed by the UNITED CITY OF YORKVILLE. 3. ANNEXATION TO SANITARY DISTRICT OWNERS agrees to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the applicable sanitary district indicated on the Facility Plan Area for the applicable sanitary district. 4. DONATIONS AND CONTRIBUTIONS. A. The DEVELOPER shall pay a School Transition Fee as set out in the applicable City Ordinance at the time of execution of this Agreement as to School Transition fees per residential dwelling unit in said subdivision, to the Yorkville Community School District, City Development fees per residential dwelling unit to the United City of Yorkville, and other fees to the United City of Yorkville in conformance with the City Ordinances or as modified herein. Said Transition, development, and other fees shall be paid per single - family residence concurrent with and prior to the issuance of each respective subject single - family building permit. Said fees are being paid voluntarily and with the consent of OWNERSS and any DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. The CITY agrees that the amount of fees including, but not limited to water connection fees, sewer connection fees, development fees, capital contribution fees and school transition fees to be paid by OWNERS or any DEVELOPER shall consist of the fee enacted at the time of execution of this Agreement for a period five (5) years from the approval of the final plat for the property by the United City of Yorkville. Upon the expiration of the five (5) year period OWNERS and/or any DEVLOPER shall be pay the current fee as enacted by Ordinance by the United City of Yorkville. The OWNERS knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. No School Transition Fees, or School -Park Land Cash Fees shall be charged on any real property 3 zoned for business purposes under the terms of this Agreement. B. OWNERS shall pay all school and park land -cash fees or provide land dedication as required under existing City Ordinances. OWNERS shall subject to the requirements under existing City Ordinances for a period of five (5) years from the date of submittal of any final plat for the PROPERTY. In the event of the expiration of said five (5) year period OWNERS and /or any DEVELOPER shall all school and park land -cash fees or provide land dedication as required under the then existing City Ordinance. C. It is understood and agreed between the parties hereto that the TERRITORY and each Phase and Parcel may continue to be used and occupied (without any change or alteration) for the current fanning uses of the existing OWNERS of the TERRITORY and/or as are permitted in the current zoning classifications. i D. THE UNITED CITY OF YORKVILLE agrees to rebate to the Owners within 30 days of the presentation of the paid Real Estate Tax Bill to the City Treasurer, the City's portion for the City and Library Real Estate Taxes as to the subject parcel. This will take place and be paid by the City until the property is developed, by reason of a building permit being issued; or upon a Final Plat of Subdivision being recorded for any portion of the subject real property. E. Owners shall not re required by THE UNTIED CITY OF YORKVILLE to hook -on to the city water or Sanitary Sewer System as a result of entering into this annexation Agreement, but may do so upon its desire to obtain those services, when available to the subject property. F. In the event City water and sewer are unavailable at the time Owners desires to develop the subject property, the City will give consideration to a request for a variance from its subdivision Control Ordinance for use of private well and septic systems. In determining the applicability of such a variance for the subject parcel, the City shall consider soil types, density, intended use of the development, and proximity of the subject parcel for extension of sanitary sewer and water mains, as well as capacity of those municipal and sanitary district systems. G. Upon annexation, police protection; 911 service, and library service will be provided by the City at no charge to Owners. H. The City will not require the Owners amlex to Yorkville Bristol Sanitary 4 District or other applicable sanitary district, until platting or a building permit seeking to hook up to the City sewer system is sought by Owners. I. The UNITED CITY OF YORKVILLE will provide, through its Engineer or Planner, an initial concept plan, if so desired, to the property owners. City agrees that in consideration of Owners voluntarily entering into this Annexation Agreement, the City at its expense shall pay all of its Consultants, all publication, application, and recording fees for the Annexation and Zoning of the subject property including dedication of Greenbriar Right -of -Way, planning and shall at City expense, prepare an Annexation Plat thereof and all necessary Ordinances in an amount not to exceed $15,000.00. The OWNERS shall be responsible for any planning and/or engineering fees incurred not in excess of $15,000.00. J. The CITY will cooperate with OWNERS in obtaining all necessary governmental approvals including, without limitation, the approval of the Kendall County Department of Highways and/or the Illinois Department of Transportation ( "IDOT ") access permits and right -of -way connections to the TERRITORY or any Parcel or Phase thereof. Subject to the terms of the Agreement, OWNERS shall dedicate to the CITY all necessary on -site right -of -ways, and construct all on -site public right -of -way improvements for the TERRITORY and all roadways as shown on the Site Plan. 5. OVERSIZING. In the event OWNERS is required on -site to oversize any water, storm sewer or City sanitary sewer lines to accommodate other properties, CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse OWNERS within 30 days of connection by the OWNERS of any other parcel of real property connecting to said improvements, for OWNERS'S costs in oversizing said lines including costs for deepening said lines and any engineering fees, and other costs associated therewith. In the event the OWNERS seeks said reimbursement, the parties agree separately that the Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite Public Hearing being held and Requisite Recapture Ordinance being approved by the City Council contingent on the percentage of the benefit to the OWNERS and including the service area effected. In the event any said oversizing is required, the CITY and OWNERS agree to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after those costs are ascertained. OWNERS agrees to hold the UNITED CITY OF YORKVILLE harmless and indemnify the CITY from any liability as a result of any Recapture imposed. 5 i 6. TIME IS OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence in this Agreement, and that all parties will make every reasonable effort 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. 7. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor ownerss of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 8. NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNERS in this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility of the DEVELOPER of the subject parcel and /or future OWNERS of the subject parcel of real property. Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. Before any failure of any party of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify in writing, by certified mail /return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 OWNERS Dave Matlock & Carol Matlock 7375 E. High Point Road Yorkville, IL 60560 6 i OWNERS'S ATTY: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 9. AGREEMENT TO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 10. It is specifically understood and agreed that OWNERS and its successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the PROPERTY or any Phase or Parcel 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 OWNERS has under this Agreement, and upon such transfer, such obligations relating to that part of the PROPERTY sold, transferred, mortgaged or assigned shall be the sole obligation of the transferee, except for any security posted by OWNERS on any subdivided or unimproved property for which an acceptable substitute security has not been submitted to the CITY, and transferor shall be relieved of all duties and obligations hereunder relating to that portion of the PROPERTY, Phase or Parcel so sold, transferred or assigned, without limiting the foregoing provisions of this Section. 11. PARTIAL INVALIDITY OF AGREEMENT. If any provision of this Agreement (except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any, other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning, variations and plat approvals proposed herein. 11. USE OF PROPERTY FOR FARMING /ZONING. 7 Any portion of the PROPERTY, which is not conveyed or under development as provided herein, may be used for farming purposes, regardless of the underlying zoning. IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNITED CITY OF YORKV LE By: M . ? - Attest: UOO— _ b�cry CITY CLERK U i OWNE B _ u B �� a M tlo Car atlock Attest: Attest: Prepared by and Return to: Law Offices of Daniel J. Kramer I I 07 South Bridge St. Yorkville, IL 60560 630 -553 -9500 I 8 i EXHIBIT LEGAL DESCRIPTION: THAT PART. OF SEGTION 6,_ TOWNSHIP 36 NORTH, ,. RANGE 7 :EAST OF THE THIRD PRINCIPAL MERIDIAN . °DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF S ILVER , : FOX SUBDIVISION;. 'THENCE' SOUTHERLY ALONG THE : EASTERLY -LINE �OF SILVER FOX SUBDIVISION EX -Ekbt SOUTH; :.115 FEET T ©ALINE` 11 5fQ0 FEET SOUTHERLY OF (os measured normal _to) AND PARALLEL, WITH- THE SOUTHERLY _UNE OF SAfD SILVER 1 =0X $IJBDIVISION, SCR THE POINT OFEGINIVING, _: THENCE NORTHERY ALONG :SAID EASTERLY LINE AND_ EASTERLY _UNE EXTENDED, 5081(? FEET TO - TfiE NORTHERLY LINE OF GRANTOR'S PROPERTY AS DESCRI`BEQ IN QUIZ' CLAIM DEED, -RECORDED JANUARY 20, 200 AS boo ENT:', 1479, THENCE EASTERLY ALONG SAID NOI?THERI,Y LINE 164'i 4 FEET TO THE EASTERLY LINE. SAID GRANTOR'S PRPER�'l', THENCE SOUTHERLY i4LOIVG EASTERLY LINE 521 2B FEET TO A LINE 115 00 FEET SOU TW OF, (.as measured narrnal to) ANQr PARA1 EL iNITH THE SOUTHERLY IINE OF SILVER FOX SUBDIVISION EXTENDED. EASTERLY, THENCE WESTERLY ALONG SAIb PARALLEL UNE, 164.1: 36_ FEET TO THE POINT OF BEGINNING, IN KENDALL TOWNSHIP, KENDAkL CQUNTY, ° ILLINOIS: i PIN, 05-06- 400 -002 PLAT OF ANNEXATION TO THE _ UNITED -CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS 0 300' SCALE FEET - - - 1 - CORPORATE - r UNITS i - l _ P.I.N. 05- GB -_27$ -001 I - -- EXISTING CORPORATE - - LIMITS x - - - - - - - - - - F - - - - NERE EA - - - STERLY UNE OF ANNEXED - i - - - - - - - SIL`F.R FOX SUE00i - (19.4t ACRES -[Otd - - - - - R i kpp�� P.o.0 _ - _ O GR�E �64t. ERLY LINE OF - SIL`/�Jt FOX SI.'66,MSION F.I.N. 05-06- 400 / ` L -- _ •o -- O -DOG f 200400001479 ^ zI - L P.0.9, o DOC 1 20650.0036$36 t LOCATION MAP AREA To BE ANNEXED _LEGAL DESCRIPTION - - - - N.T.S - - - THAT PART OF M=AN` TONNSH7 NORTH, RAHO£ 7 E-t 6 1HE TH6tD PR`NGPRL MEPofAAH DEStlI18-A AS FULLOY5: C0Mh1ENGNG AT THE SPJIHEAST CORNER CF SUER .r ED 1HEW"E SOUTHERLY ALONG- THE FASR UNE CF SI.YEN FOX SUm E7r"ENDEO SOUTH; 115.00 . .. • i ` s = E _ _ f FEET TO A 411E 1t5.OD FEET SWTHNOTLY OF {I moue _ normol to) AND - - f• _ - - PARA .11 11 Sd7TNERLY LINE OF SAID SI= F0X I.) AND - X THE POINT OF BEGINNING TNa10E NORTHERLY ALONG SAD EASTERLY LINE _ _ AHD Ei57ERLY LINE E %TFJIDED• 508.10 FEET TO TN NORTHERLY LINE OF - _ - - GRAtITOR a AS PROF:RIY ABED IN WT AIM DEED, RECORDED -- JANUARY L0, - 20OS AS 6000LIFNT NUMBER 147 TH" EASTERLY ALONG -SAO NORTH LFNE 1641.42 FEET TU Li2 EASEERI -Y UN OF SAM - cRANTR4'S PROPER:F 7NENCE- SOUTHERLY ALONG SAO EASTERLY LINE SZ':.29 FEET TO A UNE 11S.G0 FtTiT SOUTH OF, (ue measured AYI PARAJET:-11A SOUTHERLY LI1E GF I SAID FD% 4,NjOIV151CdN ExFi .LADED £ASTFAI.Y; THENCE Yf_STERI.Y ALONG SAID PARALLEL G. UNE. a, ` 1— tB4f.36 FEET lO THE FONT OF BEGINNIN IN KFHOA.L TOWISHIP, KENOAIi i „"\ STATE OF RJNgS) _ - COUNTY, ILLINOIS. - - - - \ •e [ 1111 - COUNTY OF TCANE) -- - -_ -- TMs d TO CERTIFY THAT WE ENGREEF_NG ENTERPMSES INC. HAVE STATE OF ='.3.=NCIS) - _ - - l '7 I r 1 ;I IIlr PEi AREO THE AHNE7ZD PLAT %RICH 1S AN ACCURATE MAP OF THE - COUNTY OF HENOAL) THIS 15 TO CERTIFY THAT 11I£ TERRITORY DESGTIGED AND sHONN - - TERRI My ANNEXED TO THE UNITED CITY OF YORKALLE, ILLINOIS BY - - - - _ - - ORDINANCE N0. �- f'30ADOMW EY THE MAYOR AND CI HER WAS 1NCd+P0RAT19 LYTO hNU MAC[ A PART Cf THE UN!_ - _ - - - - - - CITY OF Y_ORWALLE, plwds BY OROiNANCE No. - - - - GHNiCR. ��O,,F��.1��HyE99#�itl,,NSS7pp@D CITY OF YCRK'AIS -' IUINO:s QY THE - HE MAYOR AND CITY COUNM OF THE UNITEpD CITY OF - - - -DAY OF y 2686. ADOPTED BY T - _ - Y0i7RVTl E, R1INds THIS , � DAY ar�Y�tiL^- 2006. - - OWN UNDER MY HAND AND SEAL AT SUGAR URO`/f. %ONE COUNT', - r x r wNas, 1� 19 OF taG6 _ _ TN DAY �I y,,, 1(�� - -- _ - 1, v -FiEK - - - uY - i•* - G56s S P.L (EXP i3S 367$ .*.:' 1411 SUR �vi s :4E5 11/W/06) - - ] LL , - Engineering Enterprises, Inc 52 Yfiesler Road - aLTC =ER 19, 20% - Sugar Grove, Illino)e 60554 YOOOI Phone: (630) 466-9350 oti>c.� YDO$T7aU U m -T7 N W PIN 05 -06- 276 -001 POSSIBLE SUBDIVISION SEWER LIFT STATION REQUIRED FOR AT LEAST EASTERLY HALF OF LOTS PIN —1 —0 8 11 12 13 STORMWATER PIN 05 -05- 300 -016 10 MANAGEMENT a 9 6 7 ,F 5 17 14 FU RE 2 3 16 15 Ox 1 ,a R. p W. SU IVY ON 20 19 21 GE 0. 25 24 23 p E• �VS� & p RA1, PIN 05 - 05 - 300 - 018 26 U& p A5 P �� P • oA� EX�NS,GN ' p� sl T • �` Ep.SEM N EQ GREE 8 AR $ 0 pR �P x MATLOCK PROPERTY PIN 05 -06- 400 -002 U O n m 0 0 ro 0 o PA1X. H: \SD9CPROJ\Y00617 \DWC \YD061703 Engineering Enterprises, Inc. DAVID MATLOCK DATE e PROD. NO. O CTOBER 0 2607 Consulting Engineers PRELIMINARY SITE PLAN ME N O. Y0061703 n 52 Wheeler Road YORKMLLE, KENDALL COUNTY, ILLINOIS C/3 COPYRIGHT 21 - INEERING ENTERPRISES INC. Sugar Grove, Illinois 60554 '466 -9350 SHEET aF 2 -