Ordinance 2004-02 200400018867
Filed for Record in
STATE OF ILLINOIS ) PAUL KENDALL ERSONrP ILLINOIS
) ss 07-09-2004 At 11=29 an.
COUNTY OF KENDALL ) ORDINANCE 34.00
ORDINANCE NO. 2004 01,\
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
GARY MAXWELL and LELALU MAXWELL
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County,Illinois,that a certain Annexation Agreement pertaining to the annexation and development
of the real estate described on 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 5/11-15.1-1,as amended, for the
execution of said Annexation Agreement has been fully complied with; and
WHEREAS, the property is contiguous to the City.
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NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute,on
behalf of the City,an Annexation Agreement concerning the annexation and development of the real
estate described therein, a copy of which Annexation Agreement is attached hereto and made a part
hereof.
Section 2:That this Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
WANDA OHARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
1 ay of �13 PN�n6h4 , A.D. 20_q�_.
MAYOR
2
PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this
_-#�-ay of T , A.D. 20_�
Atte
C Y CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
3
Ex A .
THAT PART OF THE WEST 112 OF SECTION 3 , TOWNSHIP 36 NORTH, RANGE 07
f T OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING
A
THE CENTER OF SAID SECTION 3 ; THENCE SOUTH 0 DEGREES, - 14 MINUTES,
45 SECONDS EAST ALONG THE EAST LINE OF THE SOUTH WEST 1/4 OF SAID
SECTION 3 , 1284 . 36 FEET; THENCE SOUTH 89 DEGREES , 50 MINUTES , 00
SECONDS 'WEST 684 . 42 FEET; THENCE NORTH 9 DEGREES , 30 MINUTES, 00
SECONDS WEST 592 . 27 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 57
DEGREES , 33 MINUTES, 55 SECONDS WEST 327.57 FEET TO THE EASTERLY LINE
OF WING ROAD; THENCE NORTH 21 DEGREES, 52 MINUTES, 29 SECONDS WEST
ALONG SAID EASTERLY riNE 705. 85 FEET TO THE SOUTHERLY RIGHT OF WAY LINE
OF ILLINOIS ROUTE 71 ; THENCE NORTHEASTERLY ALONG SAID SOUTHERLY LINE,
BEING ALONG A CURVE TO THE LEFT HAVING A •RADIUS OF 11509 . 16 FEET, A
DISTANCE OF 472 . 39 FEET TO A LINE DRAWN NORTH 9 DEGREES , 30 MINUTES,
00 SECONDS WEST FROM THE .POINT OF BEGINNING; THENCE SOUTH 9 DEGREES,
30 MINUTES , 00 SECONDS EAST ALONG SAID LINE 695 . 72 FEET TO THE POINT OF
BEGINNING; IN THE TOWNSHIP OF KENDALL , KENDALL COUNTY, ILLINOIS ..
STATE OF ILLINOIS )
COUNTY OF KENDALL )
ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE
AND GARY AND LELALU MAXWELL .
THIS AGREEMENT is made and entered into this .)(P) day of --�C�✓�y , a �
by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal .
corporation, located in Kendall County, Illinois (hereinafter referred to as"City"), and GARY
AND LELALU MAXWELL of Kendall Township, Kendall County,Illinois (hereinafter referred
to as "Owner").
WITNESSETH
WHEREAS, Owner is the owner of real property which is the subject matter of said
Agreement comprising approximately 6.21 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 desires to annex the said real property described 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
and the City; and
WHEREAS, Owner has presented, and the City has considered, the tract, of real property
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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 land heretofore described will be annexed to the City in an orderly manner, and
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.
WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65
ILCS 5/11-15.1-1 through 51.1-5, 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 and 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, 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
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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.
Said zoning shall allow the uses, size, density, area, coverage, and maximum
building heights as set forth on Exhibit`B" 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.
B. The Owner, and successors,heirs, and assigns hereby agree that prior to
issuance of a building permit on the subject parcel, a site development plan shall be submitted
and approved by the City Council of the United City of Yorkville.
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 has no obligation to pay School Transition Fees or Land-
Cash Fees.
B. In the event, at a later date Owner seeks to modify the existing zoning to a
Residential Class Zoning, Owner agrees that School Transition fees to the Yorkville School
District shall be paid per residential dwelling unit in said subdivision as required by City
Ordinance at the time of a residential zoning class being granted and 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 Ordinance 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
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voluntarily and with the consent of Owner and Developer based upon this contractual agreement
voluntarily entered into between the parties after negotiation of this Agreement.
Owner/Developer 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 zoned for business, office, or manufacturing purposes under the
terms of this Agreement.
C. Owner shall not be required by THE UNITED CITY OF YORKVILLE to
hook-on to the city water or Sanitary Sewer System at the time of entering into this annexation
Agreement,but may do so upon its desire to obtain those services,when available to the subject
property.
D. In the event City water and sewer are unavailable at the time Owner
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 temporary 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. In the event the City grants development without sewer and water, the Owner agrees to
hook on when it becomes available within 250 feet of the subject property.
E. Upon annexation, the Owner will receive police protection, 911 service
and library service as provided by City.
F. The City will not require the Owner annex to Yorkville Bristol Sanitary
District or other applicable sanitary district, until platting or application for a building permit
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seeking to hook up to the City sewer system is sought by Owner. Property owner agrees to -
cooperate with other entities to formulate a separate agreement to allow for contiguity of other
properties to a Sanitary District if requested.
3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is
specifically understood and agreed that Owner and its successors and assigns shall have the right
to sell transfer, mortgage and assign all or any part of the subject property and the improvements
thereon to other persons, trusts,partnerships, firms, or corporations, for investment,building,
financing, developing and all such purposes, and that said persons,trusts,partnerships, firms, or
corporations shall be entitled to the same rights and privileges and shall have the same
obligations as Owner 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 on any subdivided or unimproved property for
which an acceptable substitute performance bond or letter of credit has not been submitted to the
City.
4. TIME OF THE ESSENCE, It is understood and agreed by the parties hereto that
time is of the essence of this Agreement and that all of the parties will make every reasonable
effort, including the calling of special meetings, to expedite the subject matter hereof It is further
understood and agreed by the parties that the successful consummation of this Agreement
requires their continued cooperation.
5. COVENANTS AND AGREEMENTS. The covenants and agreements contained
in this Agreement shall be deemed to be covenants running with the land during the term of this
Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of
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r
the parties hereto, including the city, its corporate authorities and their successors in office, and is
enforceable by order of the court pursuant to its provisions and the applicable statutes of the State
of Illinois.
6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding
upon and inure to the benefit of the parties hereto, and their successors and owners of record of
land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal
authorities of said city, so long as development is commenced within a period of twenty years
from the date of execution of this Agreement by the City.
7. NOTICE. Any notices required hereunder shall be in writing and shall be served
upon any other party in writing and shall be delivered personally or sent by registered or certified
mail,return receipt requested,postage prepaid, addressed as follows:
If to the City: City Clerk
800 Game Farm Road
Yorkville,IL 60560
With a copy to: Daniel J. Kramer, City Attorney
1107A S. Bridge Street
Yorkville, IL 60560
To Owner: Gary and Lelalu
8710 Route 71
Yorkville, IL 60560
or to such other addresses as any party way from time to time designate in a
written notice to the other parties.
8. ENFORCEABILITY. This Agreement shall be enforceable in any court of
competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to
secure the performance of the covenants herein contained.
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In the event any portion of said agreement becomes unenforceable due to any
change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this
Agreement shall be excised here from and the remaining portions thereof shall remain in full
force and effect.
9. ENACTMENT OF ORDINANCES. The City agrees to adopt any ordinances
which are required to give legal effect to the matters contained in this Agreement or to correct
any technical defects which may arise after the execution of this Agreement.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this
AO
day of , 2004.
UNITED CITY OF YORKVILL
sy:
Arthur F. Prochaska, Jr., Mayor
Att
Clerk
OWNER:
/6';7-7- &IV
4
a Maxwell
—� Maxwell
Prepared by and Return to:
—7—
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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A
E7xh,,b►t A
THAT PART OF THE WEST 1/2 OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 07
F T OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING
A PHS CENTER OF SAID SECTION 3 ; THENCE SOUTH 0 DEGREES, - 14 MINUTES,
45 SECONDS EAST ALONG THE EAST LINE OF THE SOUTH WEST 1/4 OF SAID
SECTION 3, 1284 . 36 FEET; THENCE SOUTH 89 DEGREES , 50 MINUTES , 000
SECONDS WEST 684 . 42 FEET; THENCE NORTH 9 DEGREES , 30 MINUTES ,
SECONDS WEST 592 . 27 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 57
DEGREES , 33 MINUTES, 55 SECONDS WEST 327. 57 FEET TO THE EASTERLY LINE
OF WING ROAD; THENCE NORTH 21 DEGREES , 52 MINUTES, 29 SECONDS WEST
ALONG SAID EASTERLY FINE 705. 85 FEET TO THE SOUTHERLY RIGHT OF WAY LINE
OF ILLINOIS ROUTE 71 ; THENCE NORTHEASTERLY ALONG SAID SOUTHERLY LINE,
BEING ALONG A CURVE TO THE LEFT HAVING A •RADIUS OF 11509 . 16 FEET, A
DISTANCE OF 472 . 39 FEET TO A LINE DRAWN NORTH 9 DEGREES , 30 MINUTES,
00 SECONDS WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 9 DEGREES,
30 MINUTES , 00 SECONDS EAST ALONG SAID LINE 695 .72 FEET TO THII POINT OF
BEGINNING; IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS ..
10-7D-1 10-7D-1
CHAPTER 7
BUSINESS DISTRICTS
ARTICLE D. B-3 SERVICE BUSINESS DISTRICT
SECTION:
10-7D-1: Permitted Uses
10-7D-2: Special Uses
10-7D-3: Lot Area
10-7D-4: Yard Areas
10-7D-6: Maximum Building Height.
10-7D-7: Off-Street Parking And Loading
10-7D-1: PERMITTED USES:
t
All uses permitted in the B-2 District.
Agricultural implement sales and service.
Appliance - service only.
Automotive sales and service.
Boat sales.
Building material sales.
Business machine repair.
Car wash without mechanical repair on the premises.
Catering service.
Drive-in restaurant.
January 2000
City of Yorkville
10-7 n-1 10-7D-1
Electrical equipment sales.
Feed and grain sales.
Frozen food locker.
Furniture repair and refinishing.
Golf driving range.
Greenhouse.
Kennel.
Mini-,warehouse. storage.
Miniature golf.
Motorcycle sales and service.
Nursery.
Orchard.
Park - commercial recreation.
Plumbing supplies and fixture sales.
Pump sales.
Recreational vehicle sales and service.
Skating rink.
Sports arena.
Taxicab garage.
Tennis court - indoor.
Trailer rental.
Truck rental.
Truck sales and service.
January 2000
City of Yorkville
10-7D-4
10-7D-1
Upholstery shop.
Veterinary clinic. (Ord. 1973-56A, .3-28-1 974; amd. Ord. 1986-1, 1-9-1986;
Ord. 1988-7, 4-14-1988; Ord. 1995-19, 8-10-1995; Ord. 1998-21,
6-25-1998)
10-7D-2: SPECIAL USES:
All special uses permitted in the B-2 District.
Amusement park.
Boat launching ramp.
.Boat.renter I ard,.s.,tr--f2,@.p.
Daycare centers.
Stadium. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1995-19, 8-10-1995; Ord.
1995-20, 8-10-1995)
10-7D-3: LOT AREA: No lot shall have an area less than ten thousand
(10,000) square feet. (Ord. 1986-1, 1-9-1986)
10-7D-4: YARD AREAS: No building shall be erected or enlarged
unless the following yards are provided and .maintained in
connection with such building, structure or enlargement:
A. Front Yard: A front yard of not less than fifty feet (50'). (Ord.
1973-56A, 3-28-1974)
B_ Side Yards:
1. A minimum side yard shall be required between buildings within
the B-3 District of twenty feet (20') between a building constructed
thereon and the side lot line, except in any existing B-3 Zoning
District within the corporate boundaries where no minimum side yard
shall be required between buildings, except where a side yard
adjoins a street, wherein a minimum yard of not less than thirty feet
(30') shall be required.
January 2000
City of Yorkville
10-7D-4 10-7D-7
2. The Zoning Board of Appeals may, upon application, grant a �.
variance to any petitioner seeking to vary the side yard requirements
in a B-3 District if the variance is sought for a parcel of real estate
that is sought to be developed as a planned unit development
because of the unique nature of the parcel or development sought
thereon. (Ord. 1986-1, 1-9-1986; amd. 1994 Code)
C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. .
1973-56A, 3-28-1974)
D. Transitional Yards: Where a side or rear lot line coincides with a
residential district zone, a yard of not less thirty feet (30') shall be
required. A transitional yard shall be maintained only when the
adjoining residential ' district is zoned R-1 or R-2 One-Family
Residential. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1987-1,
2-12-1987)
E. Parking Lot Setback Requirements:
1 . Arterial Roadways: When a parking lot located in the B-3 Zoning
District is located next to an arterial roadway, as defined in the City's
Comprehensive Plan, a twenty foot (20') setback from the property
line is required.
2. Nonarterial Roadways: When a parking lot located in the B-3
Zoning District is located next to a nonarterial roadway, as defined in
the City's Comprehensive Plan, a ten foot (10') setback from the
property line is required. (Ord. 1998-32, 11-5-1998)
10-7D-5: LOT COVERAGE: No more than fifty' percent (50%) of the
area of the zoning lot may be occupied by buildings and
structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974)
10-7D-6: MAXIMUM BUILDING HEIGHT: No building or structure
shall be erected or altered to exceed a maximum height of
thirty five feet (35') or three (3) stories, not in excess of thirty five feet (35').
(Ord. .1973-56A, 3-28-1974; amd. Ord. 1998-8, 3-26-1998)
10-7D-7: OFF-STREET PARKING AND LOADING: All in accordance
with regulations set forth in Chapter 11 of this Title. (Ord.
1973-56A, 3-28-1974)
January 2000
City of Yorkville