Ordinance 2004-48 ` 21"104001-12 5057
Filed for Record in
KENDALL IDUNTYP ILLINOIS
PAUL ANDERSON
STATE OF ILLINOIS ) 09-07-2004 At 111:20 pm.
ss ORDINANCE 40.00
COUNTY OF KENDALL )
ORDINANCE NO. 2004-` q
AN ORDINANCE AUTHORIZING THE EXECUTION
OF A DEVELOPMENT AGREEMENT OF
CARA BEHRENS
(TRAVEL SERVICES OF YORKVILLE, INC.)
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County, Illinois, that a certain Development Agreement pertaining to the 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 Development 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 Development Agreement has been fully complied with; and
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
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Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute,
on behalf of the City, a Development Agreement concerning the development of the real estate
described therein, a copy of which Development 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 4
LARRY KOT MARTY MUNNS
ROSE SPEARS 4— RICHARD STICKA
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this 24 day of u' 4 , A.D. 20 to f__.
MA OR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this 143k day of A.D. 20 c
Atte
CIT CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
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STATE OF ILLINOIS )
) SS.
COUNTY OF KENDALL )
DEVELOPMENT AGREEMENT
FOR
CARA BEHRENS
(TRAVEL SERVICES OF YORKVILLE, INC.)
Prepared by&Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
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DEVELOPMENT AGREEMENT
This Development Agreement, hereinafter referred as to "Agreement", is made and entered into
this 2.4— day of AU„.,A , 2004,by and between CARA BEHRENS d/b/a Travel
Services of Yorkville, Inc. an Illinois Corporation, hereinafter referred to as
"OWNER/DEVELOPER", and the United City of Yorkville, Illinois, a Municipal Corporation,
hereinafter referred to as "CITY". The OWNER/DEVELOPER and the CITY may hereinafter
be referred to as the Parties.
WITNESSETH
WHEREAS, the OWNER/DEVELOPER is the Owner of certain real property,
hereinafter referred to as "Property", located in the CITY and legally described as set forth in
Exhibit"A"attached hereto and incorporated by references as if more fully set forth; and
WHEREAS, the Property is located within the United City of Yorkville and is currently
zoned R-2 One Family Residential District and is commonly known as 801 N. Bridge Street,
Yorkville, Illinois; and
WHEREAS, the OWNER/DEVELOPER has petitioned the CITY to rezone the property
to B-2 General Business District; and
WHEREAS, the CITY has determined that the terms and conditions set forth herein will
serve a public use and will promote the health, safety,prosperity, security, and general welfare of
the inhabitants and taxpayers of the CITY; and
WHEREAS, the OWNER/DEVELOPER has informed the CITY that she intends to
utilize the property as a retail travel agency; and
WHEREAS, the DEVELOPER, their vendors, grantees, assigns, successors, trustees, and
all others holding any interest now or in the future, agree and enter into this contract, which shall
operate as a covenant running with the land and be binding upon any future owner or developer
and their representatives;
NOW, THEREFORE, the CITY and the DEVELOPER, in consideration of the mutual
covenants and agreements contained herein, do mutually agree as follows:
ARTICLE I
LANDSCAPE AND BUFFERING
The OWNER/DEVELOPER agrees that she shall comply with and conform the
landscape improvements for the subject property to the Site Plan attached hereto and
incorporated herein as Exhibit`B", within one year of execution of this Agreement. In the event
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that the adjoining land owner of the southern boundary of said property files a petition to
rezoning the adjoining property to a business zoning classification with the United City of
Yorkville within one year of execution of this Agreement, Petitioner shall not be required to
comply with the landscaping depicted on the attached Site Plan,but shall be allowed to revise the
landscape plan so long as it is in conformance with the United City of Yorkville Landscape
Ordinance
ARTICLE II
PROPERTY DEVELOPMENT
The Development of the Property shall be pursuant to the preliminary site plan approved
by the United City of Yorkville which is attached hereto and incorporated herein as Exhibit`B"
which shall further contain all preliminary landscape requirements to be developed on site. In the
event that OWNER/DEVELOPER or their heirs, successors and assigns desire to deviate from
the site plan attached as Exhibit`B"approval from the United City of Yorkville City Council
shall be obtained.
That OWNER/DEVELOPER will be bound by any Architectural Overlay Ordinance or
similar ordinance enacted by the CITY after the date of execution of this Agreement, so long as
the same are applied to the surrounding properties with similar zoning classification in a
nondiscriminatory manner.
ARTICLE III
PROPERTY USE
The OWNER/DEVELOPER and CITY acknowledge that the Property is rezoned to B-2
General Business District, and any permitted uses as defined by the United City of Yorkville
Zoning Code B-2 General Business District shall be allowable uses on the Property.
ARTICLE IV
EFFECTIVE DATE
The effective date of this Agreement shall be the date the date of execution by the parties.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. This Agreement shall be binding upon and inure to the benefit of the parties
hereto, their successors in interest, assignees, lessees, and upon any successor
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municipal authorities of the CITY and successor municipalities and shall be
enforceable according to its terms and conditions under the laws of the State of
Illinois.
B. The various parts, sections, and clauses of this Agreement are hereby declared to
be severable. If any part, sentence,paragraph, section, or clause is adjudged
unconstitutional or invalid by a Court of competent jurisdiction, the remainder of
the Agreement shall not be affected thereby.
C. All notices provided for herein shall be in writing and shall be deemed effective
when personally delivered or three days after such notices have been mailed be
certified or registered mail,postage-prepaid, return receipt requested,to the
Parties at the addresses given below or at such other address as may be specified
by written notice.
If to OWNER/DEVELOPER:
Cara Behrens
422 Fairhaven Drive
Yorkville, IL 60560
It to the City:
United City of Yorkville United City of Yorkville
Attn: Daniel J. Kramer, City Attorney Attn: Tony Graff, City Administrator
1107A Bridge Street 800 Game Farm Road
Yorkville, IL 60560 Yorkville, IL 60560
IT WITNESS WHEREOF, the Parties have executed this Agreement this Q- 1 - day of
2004.
United City of Yorkville, Illinois
i
By:
Arthur F. Prochaska, J Mayor
ATTEST:
r
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OWNER/DEVELOPER:
TRAVEL SERVICES OF YORKVILLE,
INC.
By:
Cara ehrens ara Behrens
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EXHIBIT LIST
Exhibit"A" - Legal Description
Exhibit`B" - Preliminary Site Plan&Preliminary Landscape Plan
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State of Illinois
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County of Kendall • .
This is to certify that we,• Donahue, Thornhill - and Olson, Illinois Registered
Land Surveyors, have surveyed and located the improvements on teat ,art of the Southwest :
Quarter of Section 280 Township 31 North, .Range 7;: East of the Third Principal Meridian
" described-as fallows Commencing at the. southeast'.corner of Lot 13 of ,said section as
per a. plat thereof ;in Plat.-Book T, page ;80; 'thence westerly'along the south qlioe of said t
I ;.. lot, 400.75 feet .to the center;line of-° I1.lirois '';State Route. No' 47; thence westerly along
said south line, being the north line of'Apple Tree Courts , 200.0 feet; thence northerly '
at right angles to said south lire, 102,0 feet for a uoint of beginning; thence soutbbrly
along the last described course, 102.0 feet to said sout- - line, thence easterly along said
southiline, 200.0 feet to said center line, thence northerly along said center line, to
a line drawn easterly, parallel- with said south line, from the point of beginning; thence
' westerly along said parallel line,' 280,26 feet to the point cf beginning in the City of
Yorkville, Kendall County, Illinois as shown by the plat hereon drawn which is a correct
representation of said survey and location.
Dated at Yorkville, ?llinois , flay 28, 1986
inois Registe-.•ed Land Surval'cr No. 2253
EX HiS,
4 Norton/',.00cer No. . 2625
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REQUIRED EXISTING STILL NEEDED (or credit for existing)
PARKWAY TREES (EAS7 LOT LINE)
3 SHADE TREES 0 SHADE TREES 3 SHADE TREES
PERIMETER LANDSCAPE (FAST LOT LINE)
2 SHADE TREES 1 SHADE TREES 1 SHADE TREES
2 EVERGREEN TREES 0 EVERGREEN TREES* 2 EVERGREEN TREES
40 SHRUBS 11 SHRUBS* 29 SHRUBS
LOT LANDSCAPING (GENERAL)
3 SHADE TREES 4 SHADE TREES (1 shade tree)
0 EVERGREEN TREES 2 EVERGREEN TREES (2 evergreen trees)
0 ORNAMENTALS 3 ORNAMENTALS (3 ornamentals)
29 SHRUBS 34 SHRUBS (1B shrubs)
* THIS COUNT DOES NOT INCLUDE THE 4 EXIST EVERGREEN TREES & 6 EXIST SHRUBS ALONG EAST LINE BEING REMOVED
STILL NEEDED CREDIT FOR EXISTING PROPOSED INSTALLATION
4 SHADE TREES (1 shade tree) 2 SHADE TREES
2 EVERGREEN TREES (2 evergreen trees) 0 EVERGREEN TREES
0 ORNAMENTALS (3 ornamentals**) 0 ORNAMENTALS
29 SHRUBS (18 shrubs) 3 SHRUBS (1 required)
** Gaunt 3 ornamentals as 1 shade tree + 10 shrubs
LANDSCAPING NOTES:
ALL PLANT MATERIAL SHALL BE ACCORDING TO MINIMUM STANDARDS ESTABLISHED BY THE AMERICAN ASSOCIATION OF-NURSERYMEN. PLANT MATERIAL
SHALL BE GROWN IN NURSERIES FROM THE CENTRAL OR NORTHERN ILLINOIS REGION.PLANT MATERIAL IS TO BE OF THE FOLLOWING MINIMUM SIZES:
SHADE TREES: 2 I'DIA. EVERGREENS 8'HEIGHT SHRUBS : 24"
ACCEPTABLE SPECIES ARE TO BE UTILIZED AS LISTED IN THE"LANDSCAPE ORDINANCE"OF THE CITY OF YORKVILLE, CURRENT EDITION_