Ordinance 2004-62 211115-1II111UUC11CI
Filed for Record in
K.ENDALL COUNTYr ILLINOT4
STATE OF ILLINOIS ) PAUL ANDERSON
ss 01•-03--211115 At 111:23 a.m.
ORDINANCE 28.1111
COUNTY OF KENDALL )
ORDINANCE NO. 2004-(
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
SARAVANOS PROPERTIES, L.L.C.
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 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,and is not located within the boundaries
of any other Illinois Municipality.
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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 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
day of NA A�„^ , A.D. 20 Off. .
MAYOR
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PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of �/ ,��o, , A.D. 20�.
Att
CIT CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
3
STATE OF ILLINOIS )
COUNTY OF KENDALL }
ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE
SARAVANOS PROPERTY
THIS AGREEMENT is made and entered into this day o
by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal
corporation, located in Kendall County, Illinois (hereinafter referred to as "City"), and
SARAVANOS PROPERTIES, L.L.C. an Illinois Limited Liability Company of the Village of
Plainfield, Will County, Illinois (hereinafter referred to as "Owner/Developer").
WITNESSETH
WHEREAS, Owner/Developer is the owner of real property which is the subject matter
of said Agreement comprising approximately 2 acres, more or less, and is more particularly
described in the attached Exhibit"A", which is incorporated herein by reference; and
WHEREAS, the subject real property is located contiguous to the corporate boundaries of
the CITY; and is not located within the corporate boundaries of any other municipality; nor is
any portion thereof classified as flood plain; and
WHEREAS, Owner/Developer desires to annex the said real property described into the
City, its Plan commission has considered the Petition to Annex, and the City Council has
heretofore both requested and approved the proposed land use and the zoning of the same at the
request of Owner/Developer and the City; and
WHEREAS, Owner/Developer has presented, and the City has considered, the tract, of
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real property herein described in the attached Exhibit "A" as B-3 Service Business District in
order to make said real property a desirable addition to the City; and
WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions
upon which the land heretofore described will be annexed to the City in an orderly manner, and
WHEREAS, Owner/Developer and its representatives have discussed the proposed
annexation and have 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 Ann°xation 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 MCS 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 5111-15.1-5, as amended, as follows:
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1. A. ANNEXATION AND ZONING. The City shall adopt an ordinance
annexing to the City all of the real property described herein in the attached Exhibit "A"; and the
City in said ordinance shall zone the real property designated in the attached Exhibit "A" subject
to the further terms of this Agreement as B-3 Service Business District.
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
5111-15.1-5, and in accordance with the City Subdivision Control and Zoning Ordinances.
B. The Owner/Developer, 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/Developer has no obligation to pay School Transition Fees or
Land-Cash Fees.
(1) In the event, at a later date Owner/Developer seeks to modify the
existing zoning to a Residential Class Zoning, Owner/Developer agrees to pay School
Transition fees to the Yorkville School District and 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
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paid on a per dwelling unit basis concurrent with and prior to the issuance of each
respective subject residential 'building permit. Said fees are being paid voluntarily and
with the consent of Owner/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.
(ii) Owner/Developer substantially agrees to pay development fees in effect at
the time of this Agreement for the benefit of Bristol-Kendall Fire Protection District for
any buildings constructed on the subject property after the date of annexation.
B. Owner/Developer shall 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.
C. Upon annexation, the Owner will receive police protection, 911 service
and library service as provided by City.
D. The City will not require the Owner to annex to Yorkville Bristol Sanitary
District or other applicable sanitary district, until platting or application for a building permit
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 the Sanitary District if requested.
3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is
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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
the parties hereto, including the city, its corporate authorities and their successors in office, and is
enforceable by order of the court pursuant to its provisions and the applicable statutes of the State
of Illinois.
6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding
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upon and inure to the benefit of the parties hereto, and their successors and owners of record of
land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal
authorities of said city, so long as development is commenced within a period of twenty years
from the date of execution of this Agreement by the City.
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/Developer: Saravanos Properties, L.L.C.
15317 Dan Patch Dr.
Plainfield, IL 60544
With a copy to: Attorney John F. Argoudelis
Dinverno & Foltz, L.L.P.
500 Park Boulevard, Suite 1400
Itasca, IL 60143-1272
or to such other addresses as any parry 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 inequity to
secure the performance of the covenants herein contained.
In the event any portion of said agreement becomes unenforceable due to any
change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this
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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
day of
UNITED CITY OF YORK
By
Arthur F. Prochaska, Jr., Mayor `
Att
C Jerk
OWNER/DEVELOPER:
SARAVAN S PROPEJ TIES, L.L.C.
By:
� `
Attest:
Prepared by and Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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LEGAL DESCRIPTION
PARCEL ONE.•
THAT PART OF THE NORTHWEST QUARTER OF SEC77ON 9, TOWNSHIP 36
NORTN, RANGE 7 EAST OF THE 7HIRD PRINCIPAL MERIDIAN, DESCRIBED
AS FOLLOWS.- BEGINNING AT A POINT ON 7HE EAST LINE OF SAID
SEC77ON 9 WHICH IS 16.20 CHAINS SOU7H OF THE NORTHWEST CORNER
OF SAID SEC770N, THENCE NORTH 6.75 CHAINS, THENCE SOUTH 82
DEGREES 15 MINUTES EAST 57 LINKS TO 7HE CENTER LINE OF STATE
ROUTE 47; 7HENCE SOUTH 35 DEGREES 15 MINUTES EAST 8.43 CHAINS;
7HENCE WESTERLY TO 7HE POINT OF BEGINNING (EXCEP77NG 7HEREFROM
7HAT PART THEREOF LYING WESTERLY OF A LINE DRAWN SOUTH 18
DEGREES, 23 MINU7ES WEST FROM A POINT IN THE CENTER LINE OF
STATE ROUTE 47 WHICH POINT IS SOUTH 35 DEGREES EAST 94.2 FEET
OF A POINT IN 7HE WEST LINE OF SAID SEC77ON 9, 569.2 FEET SOUTH
OF 7HE NORTHEAST CORNER OF SAID SEC710N) IN 7HE TOWNSHIP OF
KENDALL, KENDALL COUNTY, ILLINOIS
PARCEL TWO.
THAT PART OF 7HE NOR7HEAST 9 OF SEC77ON 8, TOWNSHIP 36 NORTH,
RANGE 7 EAST OF 7HE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLL0WR BEGINNING AT A POINT ON THE EAST LINE OF SAID SEC77ON 8,
809.1 FEET SOUTH OF 7HE NORTHEAST CORNER OF SAID SEC770N,
THENCE SOUTH ON SAID EAST LINE 260.1 FEET; THENCE NORTH 82
DEGREES, 20 MINUTES WEST 82.5 FEET; 7HENCE NORTH 18 DEGREES, 23
MINUTES EAST 262.3 FEET TO 7HE POINT OF BEGINNING, IN 7HE
TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS.
p NOS PROPERTIES L.L.C.
ORKVILLE, ILLINOIS
NEXATION EXHIBIT
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