Ordinance 2002-19 Revised July 23, 2002 Fi�lred0for9Record in
KENDALL COUNTY, ILLINOIS
PAUL ANDERSON
STATE OF ILLINOIS ) 08-06-2002 At 01:04 PM.
ss ORDINANCE 18. 00
COUNTY OF KENDALL )
ORDINANCE NO. 2002 -
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
CHRISTOPHER VALENTINE
(West side of Cannonball Trail)
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 YORKV ILLE; 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 5/1 1-15.1-1,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 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.
MIKE ANDERSON JOSEPH BESCO
VALERIE BURD U PAUL JAMES
LARRY KOT J MARTY MUNNS
ROSE SPEARS RICHARD STICKA
PROVE`D'b me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
ay of V , A.D. 20j�21 i
MAYO
PASSED by the ity Council of the United City of Yorkville,Kendall County,Illinois this
L day of , A.D. 2002
Attest
CIT LERK
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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EXHIBIT A
The territory being annexed is described as follows:
That part of the Northeast Quarter of Section 16, Township 37 North, Range 7 East of the Third Principal
Meridian described as follows: Beginning at the point of intersection of the South line of said Northeast
Quarter with the center line of Cannonball Trail; thence westerly along said South line, 1082.16 feet to
a point which is 1325.94 feet westerly of the Southeast corner of said Northeast Quarter,thence northerly
along a line which forms an angle of 88°40'00" with the last described course, measured
counterclockwise therefrom, 375.27 feet to the southerly line of the Burlington, Northern and Santa Fe
Railway Company right of way; thence northeasterly along said right of way line, 1592.47 feet to the
center line of Main Street; thence southerly along said center line of Main Street 87.26 feet to the
northerly line of Oak Street; thence westerly along said northerly line 201.78 feet to the extended West
line of a 16.0 foot wide alley lying westerly of and adjoining Block 4 in the Original Village of Bristol
Station; thence southerly along said extended West line, said West line and southerly extension of said
West line,464.38 feet to said center line of Cannonball Trail;thence southwesterly along said center line,
being along a curve to the left having a radius of 3437.60 feet, an arc distance of 259.09 feet to the point
of beginning (except that part thereof lying within a tract of land described in a Quit Claim Deed recorded
June 18, 1977 as Document 773338) in Bristol Township, Kendall County, Illinois and containing 16.077
acres and a':yo t",e roadways adjoining. -
Niue: Said annex,-.-,d territory consists of two (2) separate parcels which are described as follows:
Parcel 1
THAT PORTION OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S
(FORMERLY CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY) STATION GROUND
PROPERTY AT BRISTOL, ILLINOIS, SITUATED AT SW1/4NW1/4 OF SECTION 15, AND THE
SE1/4NE1/4 OF SECTION 16, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO WIT:
BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 16 DISTANT 130.0 FEET
SOUTHEASTERLY, AS MEASURED AT RIGHT ANGLES FROM SAID RAILWAY COMPANY'S MOST
SOUTHERLY MAIN TRACK CENTERLINE, AS NOW LOCATED AND CONSTRUCTED, SAID POINT
BEING ON THE NORTHERLY LINE OF OAK STREET, ACCORDING TO THE RECORDED PLAT OF
BRISTOL, ILLINOIS;THENCE SOUTHWESTERLY PARALLEL WITH SAID MAIN TRACK CENTERLINE
AND ALONG THE NORTHERLY LINE OF OAK STREET A DISTANCE OF 100.0 FEET TO THE MOST
SOUTHERLY CORNER OF SAID STATION GROUND PROPERTY; THENCE NORTHWESTERLY AT
RIGHT ANGLES TO SAID MAIN TRACK CENTERLINE 50.0 FEET; THENCE SOUTHWESTERLY
PARALLEL WITH SAID MAIN TRACK CENTERLINE 243.0 FEET; THENCE NORTHWESTERLY AT
RIGHT ANGLES TO SAID MAIN TRACK CENTERLINE 30.0 FEET TO A POINT BEING 50.0 FEET
SOUTHEASTERLY,AS MEASURED AT RIGHT ANGLES FROM SAID MOST SOUTHERLY MAIN TRACK
CENTERLINE; THENCE NORTHEASTERLY PARALLEL WITH SAID MOST SOUTHERLY MAIN TRACK
CENTER LINE 590 FEET, MORE OR LESS,TO THE NORTHERLY EXTENSION OF THE CENTERLINE
OF MAIN STREET, ACCORDING TO SAID PLAT; THENCE SOUTHERLY ALONG SAID NORTHERLY
EXTENSION OF THE CENTERLINE OF MAIN STREET TO A POINT BEING 130.0 FEET
SOUTHEASTERLY,AS MEASURED AT RIGHT ANGLES FROM SAID MOST SOUTHERLY MAIN TRACK
CENTERLINE;THENCE SOUTHWESTERLY PARALLEL WITH AND 130.0 FEET SOUTHEASTERLY,AS
MEASURED AT RIGHT ANGLES FROM SAID MOST SOUTHERLY MAIN TRACK CENTERLINE, AND
ALONG THE NORTHERLY LINE OF OAK STREET, A DISTANCE OF 210 FEET, MORE OR LESS, TO
THE POINT OF BEGINNING.
PIN: 02-15-153-005
Parcel 2
THAT PART OF THE NORTH EAST 1/4 OF SECTION 16, TOWNSHIP 37 NORTH, RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:BEGINNING ON THE SOUTH LINE OF
SAID NORTH EAST 1/4, 240.24 FEET WEST OF THE SOUTH EAST CORNER THEREOF; THENCE
SOUTH 89 DEGREES, 25 MINUTES, 0 SECONDS WEST ALONG SAID SOUTH LINE 1085.7 FEET;
THENCE NORTH 0 DEGREES,45 MINUTES, 0 SECONDS EAST 369.7 FEET TO THE SOUTH LINE OF
THE RIGHT OF WAY OF THE BURLINGTON NORTHERN RAILROAD; THENCE NORTH 75 DEGREES
EAST ALONG SAID RIGHT OF WAY LINE 1005 FEET; THENCE SOUTH 15 DEGREES EAST 30 FEET;
THENCE NORTH 75 DEGREES EAST 243 FEET; THENCE SOUTH 15 DEGREES EAST 50 FEET;
THENCE NORTH 75 DEGREES EAST 117.2 FEETTO THE EXTENDED WESTERLY LINE OFA 16 FOOT
ALLEY LYING WESTERLY OF AND ADJOINING BLOCK 4 OF THE VILLAGE OF BRISTOL CENTER;
THENCESOUTH 8 DEGREES,27 MINUTES,0 SECONDS WESTALONG SAID EXTENDED WESTERLY
LINE 460.28 FEET;THENCE SOUTH 45 DEGREES,40 MINUTES,0 SECONDS WEST 265.16 FEET TO
THE POINT OF BEGINNING(EXCEPT THAT PART, IF ANY, LYING IN THE WEST%OF SAID NORTH
EAST 1/4)AND ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS: THE NORTH EAST CORNER
OF THE SOUTH Y2 OF LOT 6, BLOCK 4 IN THE ORIGINAL VILLAGE OF BRISTOL CENTER; THENCE
NORTH 80 DEGREES, 11 MINUTES,41 SECONDS WESTALONG THE NORTH LINE OF SAID SOUTH
Yz 152.0 FEET TO THE WEST LINE OF A VACATED ALLEY WHICH RUNS ALONG THE WEST LINE OF
SAID BLOCK 4 FOR THE POINT OF BEGINNING; THENCE SOUTH 10 DEGREES, 46 MINUTES, 20
SECONDS WESTALONG SAID WEST LINE 41.31 FEET;THENCE NORTH 50 DEGREES,41 MINUTES,
08 SECONDS WEST 13.25 FEET; THENCE NORTH 08 DEGREES, 07 MINUTES, 35 SECONDS EAST
34.80 FEET TO SAID NORTH LINE EXTENDED WESTERLY; THENCE SOUTH 80 DEGREES, 11
MINUTES,41 SECONDS EAST ALONG SAID NORTH LINE EXTENDED 13.25 FEET TO THE POINT OF
BEGINNING;ANDALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS:THE NORTH EASTCORNER
OF THE SOUTH Yz OF LOT 6, BLOCK 4 IN THE ORIGINAL VILLAGE OF BRISTOL CENTER; THENCE
NORTH 80 DEGREES, 11 MINUT ES,41 SECONDS vJEST ALONG)THE NORTH LINE OF SAID SOUTI
%, 152.0 FEET TO THE WEST LINE OF A VACATED ALLEY WHICH RUNS ALONG THE WEST LINE OF
SAID BLOCK4;THENCE SOUTH 10 DEGREES,46 MINUTES,20 SECONDS WESTALONG SAID WEST
LINE 41.31 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 50 DEGREES, 41 MINUTES, 08
SECONDS WEST 13.25 FEET; THENCE SOUTH 08 DEGREES, 07 MINUTES, 35 SECONDS WEST
129.05 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF CANNONBALL TRAIL(SAID LINE BEING
35.0 FEET NORMALLY-DISTANT FROM THE CENTER LINE OF CANNONBALL TRAIL), THENCE
NORTHEASTERLY ALONG SAID RIGHT OF WAY, BEING ALONG A CURVE TO THE RIGHT HAVING
A RADIUS OF 3472.70 FEET, 8.88 FEET TO SAID WEST LINE; THENCE NORTH 10 DEGREES, 46
MINUTES,20 SECONDS EAST ALONG SAID WEST LINE 115.76 FEETTOTHE POINTOF BEGINNING,
IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
PIN: 02-16-277-001
Revised July 23, 2002 200200017945
Filed for Record in
KENDALL COUNTY, ILLINOIS
STATE OF ILLINOIS ) PAUL ANDERSON
08-06-2002 At 01:24 PM.
) ss. ANNEX AGREE 41.00
COUNTY OF KENDALL )
ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE
CHRISTOPHER VALENTINE
(West side of Cannonball Trail)
THIS AGREEMENT is made and entered into this 23rd day of July, 2002 by and between
THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in
Kendall County, Illinois (hereinafter referred to as"CITY"), and CHRISTOPHER VALENTINE,
of Hinsdale, Illinois (hereinafter referred to as "OWNER").
WITNESSETH
WHEREAS,OWNER is the owner of land which lies east of and contiguous to the existing
corporate limits of the CITY, and which said real property is more particularly described in the
attached Exhibit"A",which is incorporated herein by reference and;which is not located within the
corporate boundaries of any other municipality; 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"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 his 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 subj ect
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 held 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 5111-15 through 65
ILCS 5/11-15.1-5, as amended, as follows:
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1. ANNEXATION AND ZONING.
A. 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 M-1 Light Manufacturing
District.
Said zoning shall allow the uses,size,density,area,coverage,and maximum
building heights as set forth on Exhibit "A" for M-1 Light Manufacturing
District and as time to time modified by the CITY. Said real property shall
be used and developed in accordance with 65 ILCS 5/11-15.1 through
65/ILCS 5/11-15.1-5, and in accordance with the City Subdivision Control
and Zoning Ordinances.
B. That in addition to the uses permitted above in the M-1 Light Manufacturing
District, the subject property shall be or any portion thereof permitted to be
used for all zoning uses listed in the City B-3 Service Business District
Zoning Ordinance,a copy of which is attached hereto and incorporated herein
as Exhibit "C", and any uses as time to time approved in that class by the
CITY.
C. 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; or that said real property shall be subdivided according to CITY
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Ordinances if multiple lots are sought.
2. CITY'S AGREEMENTS.
A. The CITY agrees that due to the nature of the non-residential use and zoning
classification of the parcel described in Exhibit "A", OWNER has no
obligation to pay School Transition Fees or Land-Cash Fees so long as the
subject parcel described in Exhibit"A"is used for a purpose provided under
the CITY M-1 Limited Manufacturing or B-3 Service Business Zoning
Districts.
B. On any parcel used for residential purposes OWNER or a future developer
seeks to agree 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 CITY, and other fees
to the CITY in conformance with the City Ordinances or as modified by the
CITY. Said Transition, development, and other fees shall be paid per
residential dwelling unit concurrent with and prior to the issuance of each
respective subject residential dwelling unit building permit. Said fees are
being paid 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 and Developer knowingly
waive any claim or objection as to amount of the specific fees negotiated
herein voluntarily. No School Transition fees, or School-Park Land Cash
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Fees shall be charged on any real property zoned for business, office, or
manufacturing purposes under the terms of this Agreement.
C. OWNER shall be allowed.one free Sanitary Sewer Tap to the CITY Sanitary
Sewer Mains(up to 6"when available); and one free Water Main Tap to the
CITY Water mains(up to 2"when available),and a meter therefore as to the
real property described in the attached Exhibit "A". Nothing contained
herein shall waive any Recorded Recapture Agreement payments which may
be required to be paid upon hooking up to CITY Water and Sanitary Sewer
Main and which appear of Record if any are applicable as to the subject
property being within any Recapture Service Area; or any fees charged by
other governmental agencies.
D. CITY agrees to rebate to the OWNER 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, upon a Final Plat of Subdivision being
recorded for any portion of the subject real property,whichever occurs first.
E. OWNER shall not be required by CITY 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 their desire to obtain those services, when
available to the subject property.
F. In the event CITY wager and sewer are unavailable at the time OWNER
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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.
G. The CITY agrees that if the subject property is developed for Business,
Manufacturing or Office Zoning classifications and the developer front funds
the extension of offsite water and/or sanitary sewer extensions,developer will
receive a rebate of water and sewer connection fees as well as recovery of the
cost of said off-site sanitary sewer and water extensions; which shall be
recovered as a credit of up to 50 percent of the sales tax generated on the
subject property on an annual unit basis until the cost of off-site extensions
are recovered in full. On-site extension costs are at OWNER or Developer's
expense.
H. Upon annexation,the OWNER will receive police protection,911 service and
library service as provided by CITY.
I. The CITY will not require the OWNER to annex to Yorkville Bristol
Sanitary District or other applicable sanitary district, until platting or
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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 a Sanitary District if requested.
J. The building located on the subject real property is accepted for the proposed
use in its current condition,provided however that should OWNER make any
changes to the building, after the annexation of the real property, he will
comply with all applicable building codes and ordinances of the CITY.
K. OWNER shall be permitted to continue his existing agricultural uses on
Parcel 2 of the subject real property as legal non-conforming uses until the
subject real property is developed.
3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS.
It is specifically understood and agreed that OWNER and his 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
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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 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
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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: Christopher Valentine
639 South Garfield Avenue
Hinsdale, Illinois 60521
With a copy to: Attorney Robert Pilmer
215 Hillcrest Ave., Ste. C
P.O. Box 367
Yorkville, IL 60560
or to such other addresses as any party may 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.
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.
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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.
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IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this_
23` day of _ , 2002.
UNITED CITY OF YORKVILLE
Kendall County, Illinois
By•
Arthur F. Prochaska, Jr., Mayor
Atte
i lerk
OWNER:
CHRISTOP ER VALENTINE
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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EXHIBIT LIST
Exhibit A - Legal description for entire parcel being annexed
Exhibit B - M-1 Limited Manufacturing District Zoning Ordinance and uses
Exhibit C - B-3 Service Business District Zoning Ordinance and uses
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EXHIBIT A
The territory being annexed is described as follows:
-hat part of the Northeast Quarter of Section 16, Township 37 North, Range 7 East of the Third Principal
Meridian described as follows: Beginning at the point of intersection of the South line of said Northeast
Quarter with the center line of Cannonball Trail; thence westerly along said South line, 1082.16 feet to
a point which is 1325.94 feet westerly of the Southeast corner of said Northeast Quarter;thence northerly
along a line which forms an angle of 88°40'00" with the last described course, measured
counterclockwise therefrom, 375.27 feet to the southerly line of the Burlington, Northern and Santa Fe
Railway Company right of way; thence northeasterly along said right of way line, 1592.47 feet to the
center line of Main Street; thhence southerly along said centei line of Main StreEt 87.26 feet to the
northerly line of CA Street-, thence westerly along said northerly line 201.78 feet to the extended West
line of a 16.0 for !- wide alley lying westerly of and adjoining Block 4 in the Original Village of Bristol
Station, thence southerly along said extended West line, said West line and southerly extension of said
West line,464.38 feet to said center!ine of Cannonball Trail; thence southwesterly along said center line,
being alone; a curve to the left having a radius of 3437.50 feet, an arc distance of 259.09 feet to the point
of ber inning (exca pt that part thereof lying within a tract of land described in a Quit Claim Deed recorded
June 18, 'i077 pis Document 773338) Sri Bristol Township, KendF'I County, Illinois and containing 16.077
acie� and a ,o i.' e roadways adjoining.
I` .�t d d drnne� -.�a t:�rritory consists of two (2) separate parceis whi,;� are described as follows:
Parcel i
THAT `IORTION OF HE BURLINGTON NORITHERN AND SANTA FE RAIL`NAY COMPANY'S
(FORMERLY CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY) STATION GROUND
PROPI RT\/ AT BRISTOL, ILLINOIS; SITUATED Al SW1/4NVV1/4 ('F :'ECTION 15, AND THE
SE1h'1 mE1/4 OF SECTION 16, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST (_)F CHE TI iiRD
PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS
FOL1_OV,,1 , 'i O WIT:
BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 16 DISTANT 130.0 FEET
SOUTHEASTERLY, AS MEASURED AT RIGHT ANGLES FROM SAID RAILWAY COMPANY'S MOST
SOUTHERLY MAIN TRACK CENTERLINE, AS NOW LOCATED AND CONSTRUCTED, SAIL POINT
BEING ON THE NORTHERLY LINE OF OAK STREET, ACCORDING TO THE RECORDED PLAT OF
BRISTOL, ILLINOIS-THENCE SOUTHWESTERLY PARALLEL WITH SAID MAIN TRACK CENTERLINE
AND ALONG THE NORTHERLY LINE OF OAK STREET A DISTANCE OF 100.0 FEET TO THE MOST
SOUTHERLY CORNER OF SAID STATION GROUND PROPERTY; THENCE NORTHWESTERLY AT
RIGHT ANGLES TO SAID MAIN TRACK CENTERLINE 50.0 FEET; THENCE SOUTHWESTERLY
PARALLEL WITH SAID MAIN TRACK CENTERLINE 243.0 FEET; THENCE NORTHWESTERLY AT
RIGHT ANGLES TO SAID MAIN TRACK CENTERLINE 30.0 FEET TO A POINT BEING 50.0 FEET
SOUTHEASTERLY,AS MEASUREDAT RIGHTANGLES FROM SAID MOST SOUTHERLY MAIN TRACK
CENTERLINE;THENCE NORTHEASTERLY PARALLEL WITH SAID MOST SOUTHERLY MAIN TRACK
CENTER LINE 590 FEET, MORE OR LESS, TO THE NORTHERLY EXTENSION OF THE CENTERLINE
OF MAIN STREET, ACCORDING TO SAID PLAT; THENCE SOUTHERLY ALONG SAID NORTHERLY
EXTENSION OF THE CENTERLINE OF MAIN STREET TO A POINT BEING 130.0 FEET
SOUTHEASTERLY,AS MEASURED AT RIGHT ANGLES FROM SAID MOST SOUTHERLY MAIN TRACK
CENTERLINE;THENCE SOUTHWESTERLY PARALLEL WITH AND 130.0 FEET SOUTHEASTERLY,AS
MEASURED AT RIGHT ANGLES FROM SAID MOST SOUTHERLY MAIN TRACK CENTERLINE, AND
ALONG THE NORTHERLY LINE OF OAK STREET, A DISTANCE OF 210 FEET, MORE OR LESS, TO
THE POINT OF BEGINNING.
PIN: 02-15-153-005
Parcel 2
THAT PART OF THE NORTH EAST 1/4 OF SECTION 16, TOWNSHIP 37 NORTH, RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTH LINE OF
SAID NORTH EAST 1/4, 240.24 FEET WEST OF THE SOUTH EAST CORNER THEREOF; THENCE
SOUTH 89 DEGREES, 25 MINUTES, 0 SECONDS WEST ALONG SAID SOUTH LINE 1085.7 FEET;
THENCE NORTH 0 DEGREES,45 MINUTES, 0 SECONDS EAST 369.7 FEET TO THE SOUTH LINE OF
THE RIGHT OF WAY OF THE BURLINGTON NORTHERN RAILROAD;THENCE NORTH 75 DEGREES
EAST ALONG SAID RIGHT OF WAY LINE 1005 FEET;THENCE SOUTH 15 DEGREES EAST 30 FEET;
THENCE NORTH 75 DEGREES EAST 243 FEET; THENCE SOUTH 15 DEGREES EAST 50 FEET;
THENCE NORTH 75 DEGREES EAST 117.2 FEETTOTHE EXTENDED WESTERLY LINE OFA 16 FOOT
ALLEY LYING WESTERLY OF AND ADJOINING BLOCK 4 OF THE VILLAGE OF BRISTOL CENTER;
THENCE SOUTH 8 DEGREES,27 MINUTES,0 SECONDS WEST ALONG SAID EXTENDED WESTERLY
LINE 460.28 FEET;THENCE SOUTH 45 DEGREES,40 MINUTES,0 SECONDS WEST 265.16 FEET TO
THE POINT OF BEGINNING (EXCEPT THAT PART, IF ANY, LYING IN THE WEST%OF SAID NORTH
EAST 1/4)AND ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS: THE NORTH EAST CORNER
OF THE SOUTH 1/z OF LOT 6, BLOCK 4 IN THE ORIGINAL VILLAGE OF BRISTOL CENTER; THENCE
NORTH 80 DEGREES, 11 MINUTES,41 SECONDS WEST ALONG,THE NORTH LINE OF SAID SOUTH
'/Z 152.0 FEET TO THE WEST LINE OF A VACATED ALLEY WHICH RUNS ALONG THE WEST LINE OF
SAID BLOCK 4 FOR THE POINT OF BEGINNING, THENCE SOUTH 10 DEGREES, 46 MINUTES 20
SECONDS WEST ALONG St dD WEST LINE 41.31 FEET;THENCE NORTH 50 DEGREES,41 MINUTES,
08 SECONDS WEST 13.25 FEET; THENCE NORTH 08 DEGREES, 07 MINUTES, 35 SECONDS EAST
34.80 FEET TO SAID NORTH LINE EXTENDED WESTERLY; THENCE SOUTH 80 DEGREES, 11
MINUTES,41 SECONDS EAST ALONG SAID NORTH LINE EXTENDED 13.25 FEET TO THE F'OINT OF
BEG NNING;AND ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS THE NORTH EASTCORNER
OF-HE SOUTH '/z OF LOT 6, BLOCK IN THE ORIGINAL VILLAGE OF' BRISTOL CENTER; THENCE:
NORTH 80 DEGREES, 1 1 MINUTES,41 SECONDS vJES T ALONG THE NORTH ;_INE OF SAID SOI TIi
%, 152.0 FEE F TO THE WEST LINE OF A VACATED ALLEY WHICH RUNS ALONG THE WEST LINE OF
SAID BLOCK4;THENCE_SOUTH 10 DEGREES,46 MINUTES,20 SECONDS WESTALONG SAID WEST
LINE 41.31 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 50 DEGREES, 41 MINUTES, 08
SECONDS WEST 13.2,i FEET; THENCE SOUTH 08 DEGREES, 07 MINUTES, 35 SECONDS WEST
129.05 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF CANNONBALL TRAIL(SAID LINE BEING
35.0 FEET NORMALLY DISTANT FROM THE CEINTER LINE OF CANNONBALL TRAIL), THENCE
NORTHEASTERLY ALONG SAID RIGHT OF WAY, HEINC ALONG A CURVE TO THE RIGHT HAVING
A RADIUS OF 3472.70 FEET, 8.88 FEET TO SAID WEST LINE; THENCE NORTH '10 DEGREES, 46
MINUTES,20 SECONDS EASTALONG SAID WEST LINE 115.76 FEET TO THE POINT OF BEGINNING,
IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
PIN: 02-16-277-001
10-8A-1 10-8A-1
CHAPTER 8
MANUFACTURING DISTRICTS
ARTICLE A. M-1 LIMITED MANUFACTURING DISTRICT
SECTION:
10-8A-1: Uses Permitted
10-8A-2: Conditions of Permitted Use
10-8A-3: Special Uses
10-8A-4: Yard Areas
10-8A-5: Lot Coverage _
10-8A-6: Floor Area Ratio
10-8A-1: USES PERMITTED: The following uses are permitted:
A. Production, processing, cleaning, testing or repair, limited to the
following uses and products:
Advertising displays.
Apparel and other products manufactured from textiles.
Art needlework and hand weaving.
Automobile painting, upholstering, repairing, reconditioning and body
and fender repairing, when done within the confines of a structure.
Awnings, Venetian blinds.
Bakeries.
Beverages - nonalcoholic.
Books - hand binding and tooling.
Bottling works.
City of Yorkville EKk'1bJ-
10-8A-1 10-8A-1
Brushes and brooms.
Building equipment, building materials, lumber, coal, sand and gravel
yards, and yards for contracting equipment of public agencies, or
public utilities, or materials or equipment of similar nature.
Cameras and other photographic equipment and supplies.
Canning and preserving.
Canvas and canvas products.
Carpet and rug cleaning.
Ceramic products - such as pottery and small glazed tile.
Cleaning and dyeing establishments when employing facilities for
handling more than one thousand five hundred (1,500) pounds of
drygoods per day.
Clothing.
Cosmetics and toiletries.
Creameries and dairies.
Dentures.
Drugs.
Electrical appliances, such as lighting fixtures, irons, fans, toasters
and electric toys.
Electrical equipment assembly, such as home radio and television
receivers and home movie equipment, but not including electrical
machinery.
Electrical supplies, manufacturing and assembly of such wire and
cable assembly switches, lamps, insulation and dry cell batteries.
Food products, processing and combining of (except meat and fish) -
baking, boiling, canning, cooking, dehydrating, freezing, frying,
grinding, mixing and pressing.
Fur goods, not including tanning and dyeing.
City of Yorkville
10-8A-1 10-8A-1
Glass products from previously manufactured glass.
Hair, felt and feather products (except washing, curing and dyeing).
Hat bodies of fur and wool felt.
Hosiery.
House trailers, manufacture.
Ice, natural.
Ink mixing and packaging and inked ribbons.
Jewelry.
Laboratories - medical, dental, research, experimental, and testing -
provided there is no danger from fire or explosion nor offensive
noise, vibration, smoke, dust, odors, heat, glare or other
objectionable influences.
Laundries.
Leather products, including shoes and machine belting, but not
including tanning and dyeing.
Luggage.
Machine shops for tool, die and pattern making.
Metal finishing, plating, grinding, sharpening, polishing, cleaning,
rustproofing and heat treatment.
Metal stamping and extrusion of small products, such as costume
jewelry, pins and needles, razor blades, bottle caps, buttons and
kitchen utensils.
Musical instruments.
Orthopedic and medical appliances, such as artificial limbs, braces,
supports and stretchers.
Paper products, small, such as envelopes and stationery, bags,
boxes, tubes and wallpaper printing.
City of Yorkville
10-8A-1 10-8A-1
Perfumes and cosmetics.
Pharmaceutical products.
Plastic products, but not including the manufacturing of the raw
materials.
Precision instruments - such as optical, medical and drafting.
Printing and newspaper publishing, including engraving,
photo-engraving.
Products from finished materials - plastic, bone, cork, feathers, felt,
fiber, copper, fur, glass, hair, horn, leather, precious and
semi-precious stones, rubber, shell or yarn.
Public utility electric substations and distribution centers, gas
regulations centers and underground gas holder stations.
Repair of household or office machinery or equipment.
Rubber products, small, and synthetic treated fabrics (excluding all
rubber and synthetic processing), such as washers, gloves,
footwear, bathing caps and atomizers.
Signs, as regulated by Chapter 12 of this Title.
Silverware, plate and sterling.
Soap and detergents, packaging only.
Soldering and welding.
Sporting and athletic equipment, such as balls, baskets, cues,
gloves, bats, racquets and rods.
Statuary, mannequins, figurines and religious and church art goods,
excluding foundry operations.
Storage and sale of trailers, farm implements and other similar
equipment on an open lot.
Storage of flammable liquids, fats or oil in tanks each of fifteen
thousand (15,000) gallons or less capacity, but only after the
City of Yorkville
10-8A-1 10-8A-1
locations and protective measures have been approved by local
governing officials.
Storage of household goods.
Textiles - spinning, weaving, manufacturing, dyeing, printing, knit
goods, yarn, thread and cordage, but not including textile bleaching.
Tool and die shops.
Tools and hardware, such as bolts, nuts and screws, doorknobs,
drills, handtools and cutlery, hinges, house hardware, locks,
nonferrous metal castings and plumbing appliances.
Toys.
Truck, truck tractor, truck trailer, car trailer or bus storage yard,
when all equipment is in operable condition, but not including a truck
or motor freight terminal, which are treated under Section 10-8-1 of
this Title.
Umbrellas.
Upholstering (bulk), including mattress manufacturing, rebuilding and
renovating.
Vehicles, children's; such as bicycles, scooters, wagons and baby
carriages.
Watches.
Wood products, such as furniture, boxes, crates, baskets and pencils
and cooperage works.
Any other manufacturing establishment that can be operated in
compliance with the performance standards of Section 10-8-1 of this
Title without creating objectionable noise, odor, dust, smoke, gas,
fumes or vapor; and that is a use compatible with the use and
occupancy of adjoining properties.
B. Wholesaling and warehousing:
Local cartage express facilities (but not including motor freight
terminals).
City of Yorkville
10-8A-1 10-8A-1
C. Public and community service uses as follows:
Bus terminals, bus garages, bus lots, street railway terminals or
streetcar houses.
Electric substations.
Fire stations.
Municipal or privately owned recreation buildings or community
centers.
Parks and recreation areas.
Police stations.
Sewage treatment plants.
Telephone exchanges.
Water filtration plants.
Water pumping stations.
1
Water reservoirs.
D. Residential uses as follows:
Dwelling units for watchmen and their families when located on the
premises where they are employed in such capacity.
E. Miscellaneous uses as follows:
Accessory uses.
Radio and television towers.
Temporary buildings for construction purposes for a period not to
exceed the duration of such construction.
F. Off-street parking and loading as permitted or required in Chapter 11
of this Title. (Ord. 1973-56A, 3-28-74)
City of Yorkville
10-8A-2 10-8A-3
10-8A-2: CONDITIONS OF PERMITTED USES: All permitted uses are
subject to the following conditions:
A. Any production, processing, cleaning, servicing, testing, repair or
storage of goods, materials or products shall conform with the
performance standards set forth in Section 10-8-1 of this Title.
B. All business, production, servicing and processing shall take place
within completely enclosed buildings unless otherwise specified.
Within one hundred fifty feet (150') of a residence district, all storage
shall be in completely enclosed buildings or structures, and storage
located elsewhere in this District may be open to the sky but shall be
enclosed by solid walls or fences (including solid doors or gates
thereto) at least eight feet (8') high, but in no case lower in height
than the enclosed storage and suitably landscaped.
However, open off-street loading facilities and open off-street parking
of motor vehicles under one and one-half (11/2) tons' capacity may be
unenclosed throughout the District, except for such screening of
parking and loading facilities as may be required under the
provisions of Chapter 11 of this Title.
C. Uses established on the effective date hereof and by its provisions
are rendered nonconforming, shall be permitted to continue subject
to the regulations of Chapter 10 of this Title.
D. Uses established after the effective date hereof shall conform fully to
the performance standards set forth in Section 10-8-1 of this Title.
(0rd..1956-A, 3-28-74)
10-8A-3: SPECIAL USES: The following uses may be allowed by
special use permit in accordance with the provisions of
Section 10-14-6 of this Title:
Any use which may be allowed as a special use in the B-3 Business
District.
Any use permitted in the M-2 General Manufacturing District.
Airport or aircraft landing fields.
Meat products.
Motor freight terminals.
City of Yorkville
10-8A-3 10-8A-6
Planned developments, industrial.
Sanitary landfill.
Stadiums, auditoriums and arenas. (Ord. 1973-56A, 3-28-74; 1994 Code)
10-8A-4: YARD AREAS: No building or structure shall hereafter be
erected or structurally altered unless the following yards are
provided and maintained in connection with such building:
A. Front Yard: On every zoning lot, a front yard of not less than twenty
five feet (25') in depth shall be provided. However, where lots within
the same block and comprising forty percent (40%) of the frontage
on the same street are already developed on the effective date
hereof with front yards with an average depth of less than twenty five
feet (25'), then such average depth shall be the required front yard_
depth for such frontage in said block.
B. Side Yards: On every zoning lot, a side yard shall be provided along
each side lot line. Each side yard shall be not less in width than ten
percent (10%) of the lot width, but need not exceed twenty feet (20')
in width. (Ord. 1973-56A, 3-28-74)
10-8A-5: LOT COVERAGE: Not more than sixty percent (60%) of the
area of a lot may be covered by buildings or structures,
including accessory buildings. (Ord. 1973-56A, 3-28-74)
10-8A-6: FLOOR AREA RATIO: Not more than 0.8. (Ord. 1973-56A,
3-28-74)
i
City of Yorkville
10-7D-1
10-7D.1
CHAPTER
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-5: Lot Coverage
10-7D-6: Maximum Building Height
10-7D-7: Off-Street Parking And Loading
10-7D-1: PERMITTED USES:
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 ,` l
City of Yorkville �1
10-7D-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. G.
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- 1 10-7D-4
Upholstery shop.
Veterinary clinic. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1986-1, 1-9-1986;
Ord. 1988-7, 4-14-1988; Ord. 1.995-19, 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 rental and storage. _.
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, 179-1986)
10-7D-4: YARD ARE 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
Accurate Mop of Territory Annexed to the
City of Yorkville
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