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Ordinance 2000-29 200000013061 X00013061 May 15, 2000 KENDALL�COUNTY, ILLINOIS PAUL ANDERSON STATE OF ILLINOIS ) On 09-26-2000 At 02:50 pm. ss ORDINANCE 18.00 COUNTY OF KENDALL ) ORDINANCE NO. 2000- AN ORDINANCE AUTHORIZING THE EXECUTION OF ANNEXATION AGREEMENT OF STEVEN M. HALBESMA, OWNER/DEVELOPER 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 property described in 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 owner of record of the territory which is the subject of said Agreement is 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, as amended, for the execution of said Annexation Agreement has been fully complied with; and WHEREAS, the property is contiguous to the United City of Yorkville: NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF -1- 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 property 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. DAVE DOCKSTADER RICHARD STICKA MIKE ANDERSON VALERIE BURR ROSE SPEARS LARRY KOT THOMAS SOWINSKI q s APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this day of MAYOR PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this ,?L day of , A.D. Attest: CITY CLE Prepared by: Law Offices of Daniel J. Kramer 1107A South Bridge St. Yorkville, IL 60560 630-553-9500 -2- Exhibit "A" LEGAL DESCRIPTION That part of the Northwest Quarter of Section 9, Township 36 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northwest Corner of said Northwest Quarter; thence South, along the West Line of said Northwest Quarter, 569.20 feet to the centerline of Illinois Route No. 47; thence South 35'00'00" East, along said centerline, 465.20 feet for the point of beginning; thence North 52°50'00" East, 265.0 feet; thence South 35°00'00" East, parallel with said centerline, 238.0 feet; thence South 52°50'00" West, 265.0 feet to said centerline; thence North 35'00'00" West, along said centerline, 54.56 feet; thence North 85'15'00" West, 78.04 feet to the West Line of said Illinois Route No. 47; thence North 35°00'00" West, along said West Line, 131.27 feet to a line drawn South 52°50'00" East, 60.04 feet to the point of beginning in Kendall Township, Kendall County, Illinois, and containing 1.664 acres. May 15, 2000 200000o13062 Filed for Record in KENDALL STATE OF ILLINOIS ) PAUL ANDERSONY' ILLINOIS )SS On 09-26-2006 At 02:50 pm. COUNTY OF KENDALL ) ANNEX AGREE 00 ANNEXATION AGREEMENT STEVEN M HALBESMA, (OWNER/DEVELOPER) This Annexation Agreement (hereinafter"Agreement"), is made and entered into this day of 6 , 2000, by and between the UNITED CITY OF YORKVILLE, a municipal corporation,h einafter referred to as"CITY"and STEVEN M.HALBESMA,hereinafter referred to as "OWNER/DEVELOPER", WITNESSETH WHEREAS, OWNER/DEVELOPER owns fee simple interest to the real property which is legally described in Exhibit"A" attached hereto, consisting of approximately 1.447 acres,more or less (hereinafter"PROPERTY"); and WHEREAS,it is the desire of OWNER/DEVELOPER to provide for the annexation of the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time as B-3 Service Business District; and WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER/DEVELOPER and CITY have or will perform and execute all acts required by law to effectuate such annexation; and WHEREAS, OWNER/DEVELOPER have received approval of the design of the existing stormwater management system for the subject PROPERTY that is in conformance with a prior agreement with the City and adjoining Owners; and -1- WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation all as required by the provisions of the CITY'S Ordinances and Illinois Compiled Statutes; and WHEREAS,the OWNER/DEVELOPER and CITY agree that upon Annexation to the CITY the subject PROPERTY shall be placed in a B-3 Service Business District; as set forth in the Annexation Plat attached hereto and incorporated herein by reference as Exhibit`B"; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNEWDEVELOPER and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 15.1-5,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 had 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,in consideration of the mutual covenants,agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: 1. ANNEXATION. OWNER/DEVELOPER has or will file with the Clerk of the CITY a duly and properly executed petition pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. to annex the PROPERTY and any adjacent roadways not previously Annexed to the City of Yorkville. -2- 2. ZONING. A. Contemporaneously with the Annexation of the subject PROPERTY, the CITY shall adopt an ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified and shall zone the parcel B-3 Service Business District. B. Contemporaneously with the Annexation of the PROPERTY,the CITY shall, if necessary, amend its Comprehensive Plan to provide for the uses on the PROPERTY that are reflected in this Agreement. C. The CITY and OWNER/DEVELOPER agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE,for a period of five(5)years from the date of execution of this Agreement. After the expiration of said five (5) year time frame, if there have been changes in Subdivision Control Ordinances, Fee Ordinances, or,building codes,the same shall be applied to the subject property as duly passed by the UNITED CITY OF YORKVILLE. 3. ANNEXATION TO YORKVILLE-BRISTOL SANITARY DISTRICT OWNER/DEVELOPER agree to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the Yorkville-Bristol Sanitary District at the time of development. The subject real property has been identified by the CITY as being located within the Facility Plan Area of the Yorkville-Bristol Sanitary District as set out in the attached Exhibit "C", which is attached hereto and incorporated herein by reference. Petitioner shall be responsible for any Annexation Fees and hook-up charges to the Yorkville-Bristol Sanitary District. The Yorkville-Bristol Sanitary District has confirmed it has agreed to serve the subject PROPERTY with sanitary sewer service. 4. OVERSIZING. In the event OWNER/DEVELOPER are required on-site to oversize any water,storm sewer or City sanitary sewer lines to accommodate other properties, CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse OWNER/DEVELOPER within 30 days of connection by the OWNER/DEVELOPER of any other parcel of real property connecting to said improvements, for OWNER/DEVELOPER's costs in oversizing said lines including costs for deepening said lines and any engineering fees,and other costs associated therewith. In the event the OWNER/DEVELOPER seek said reimbursement,the parties agree separately that the Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite Public Hearing being held and -3- r Requisite Recapture Ordinance being approved by the City Council contingent on the percentage of the benefit to the OWNER other than the DEVELOPER and including the service area effected. In the event any said oversizing is required,the CITY and OWNER/DEVELOPER agree to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after those costs are ascertained. OWNER/DEVELOPER agree to hold the UNITED CITY OF YORKVILLE harmless and indemnify the CITY from any liability as a result of any Recapture imposed. 5. TIME IS OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence in this Agreement, and that all parties will make every reasonable effort 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. 6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto,their successors and assigns including,but not limited to,successor owners of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty(20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 7. NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNER in this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility of the DEVELOPER of the subj ect parcel and/or future OWNER of the subj ect parcel of real property. Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction,by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. Before any failure of any party of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: -4- CITY: UNITED CITY OF YORKVILLE 800 Game Farm Rd. Yorkville, IL 60560 Attn: Mayor Copy to: CITY Attorney: Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 OWNER/DEVELOPER: Steven M. Halbesma 7144 Route 47 Yorkville, IL 60560 9. AGREEMENT TO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 10. PARTIAL INVALIDITY OF AGREEMENT. If any provision of this Agreement(except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any, other terms,conditions and provisions of this Agreement and,to that end,any terms,conditions and provisions of this Agreement are declared to be severable. If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning, variations and plat approvals proposed herein. -5- IN WITNESS WHEREOF,the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNITED CITY OF YORKVILLE B Y MAYO Att CLERK OWNER/DEVELOPER: r `I I TEVEN M. HALBES,MA PREPARED BY AND RETURN TO: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -6- EXHIBIT LIST Exhibit A - Real property description Exhibit B - Annexation Plat Exhibit C - Yorkville-Bristol Sanitary District Facility Plan -7- Exhibit"A" LEGAL DESCRIPTION That part of the Northwest Quarter of Section 9, Township 36 North,Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northwest Corner of said Northwest Quarter; thence South, along the West Line of said Northwest Quarter, 569.20 feet to the centerline of Illinois Route No. 47; thence South 35°00'00" East, along said centerline, 465.20 feet for the point of beginning; thence North 52°50'00" East, 265.0 feet; thence South 35°00'00" East, parallel with said centerline, 238.0 feet; thence South 52°50'00" West, 265.0 feet to said centerline; thence North 35'00'00" West, along said centerline, 54.56 feet; thence North 85'15'00" West, 78.04 feet to the West Line of said Illinois Route No. 47; thence North 35°00'00" West, along said West Line, 131.27 feet to a line drawn South 52°50'00" East, 60.04 feet to the point of beginning in Kendall Township,Kendall County, Illinois, and containing 1.664 acres.