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Ordinance 2002-21 A Revised July 23, 2002 800200017947 Filed in STATE OF ILLINOIS ) KENDALLoCOUNTY,Record ILLINOIS ) ss PAUL ANDERSON 08-06-2002 At 01:24 PM. COUNTY OF KENDALL ) ORDINANCE 18.00 ORDINANCE NO. 2002 - cc AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF CHRISTOPHER VALENTINE (East 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 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 anticipated to shortly become contiguous to the City. -1- A 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 upon contiguity being obtained 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 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 A.D. 20-A-2— 4 w MAYOR -2- w PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this ?34day of , A.D. 20° Attest. CITY kERK Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -3- Exhibit"A" LEGAL DESCRIPTION LOTS 1, 2, 3, 4, 5 AND 6 IN BLOCK 5 IN THE VILLAGE OF BRISTOL CENTER, COMMONLY KNOWN AS BRISTOL STATION, IN KENDALL COUNTY, ILLINOIS. PIN: 02-15-155-001 Revised July 23, 2002 200200017948 STATE OF ILLINOIS ) Filed for Record in FtENDALL COUNTY, ILLINOIS ) ss. PAUL ANDERSON COUNTY OF KENDALL ) ANNEX AGREE At 01:24 00 ANNEX AGREE 3G.GO ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE CHRISTOPHER VALENTINE (East 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 generally east of and is anticipated to shortly become 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,once it becomes contiguous to the CITY limits, and the CITY through 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,ofreal property -1- 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, once it becomes contiguous to the CITY limits; 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 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 5111-15 through 65 ILCS 5/11-15.1-5, as amended, as follows: -2- 1. ANNEXATION AND ZONING. A. The CITY shall adopt an ordinance annexing to the CITY all of the real property once it becomes contiguous to the CITY limits 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"A"for B-3 Service Business 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. 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 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 subj ect parcel described in Exhibit"A"is used for a purpose provided under -3- the CITY 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 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 -4- 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 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 -5- 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 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. OWNER shall be permitted to continue his existing agricultural uses on the subject real property as legal non-conforming uses until the subject real property is developed. -6- 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 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 ruining 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, -7- 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: 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 -8- 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. 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. -9- IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this_ day , 2002. UNITED CITY OF YORKVILLE Kendall County, Illinois ByL ' Arthur F. ProAaska, Jr., Mayor At erk OWNER: CHRIST PHER VALENTINE Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -10- EXHIBIT LIST Exhibit A - Legal description for entire parcel being annexed Exhibit B - B-3 Service Business District Zoning Ordinance and uses -11- Exhibit"A" LEGAL DESCRIPTION LOTS 1, 2, 3, 4, 5 AND 6 IN BLOCK 5 IN THE VILLAGE OF BRISTOL CENTER, COMMONLY KNOWN AS BRISTOL STATION, IN KENDALL COUNTY, ILLINOIS. PIN: 02-15-155-001 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 City of Yorkville 10-7D-1 10-7131-1 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. .4 Park - commercial recreation. a. 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. 1986-11 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 10-7C-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. Nonarterfaf 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