Ordinance 2000-38 t 0000013
- led for Re��ord in
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April 18, 2000 jJR0tN,4N0 1:3.00
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2000- 38
AN ORDINANCE AUTHORIZING THE EXECUTION OF
ANNEXATION AGREEMENT OF
NELSON POTTINGER, 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 5111-15-1, 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
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4
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.
BURTON CALLMER DAVE DOCKSTADER
RICHARD STICKA MIKE ANDERSON
VALERIE BURD _`L ROSE SPEARS
LARRY KOT THOMAS SOWINSKI
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
21&ay of _ , A.D.aV .
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this
of , A.D.) .
Attest: Dull ,
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A South Bridge St.
Yorkville, IL 60560
630-553-9500
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Exhibit "A"
LEGAL DESCRIPTION
That part of the Northeast Quarter of Section 8 and 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 Northeast Corner of said Section 8; thence South, along the East Line of said
Section 8, a distance of 1069.20 feet for the point of beginning; thence Southwesterly, along a
line which forms an angle of 123'56'55" with the last described course, measured counter-
clockwise therefrom, 876.38 feet to the East Line of Lot 6 as shown in Plat Book 3 at Page 65;
thence Southeasterly, 720.65 feet to the West Corner of Lot 5 of Willman Subdivision; thence
Northeasterly, along the North line of said Willman Subdivision and said North Line extended,
1097.11 feet to the East Line of Illinois Route No. 47; thence North 35'00'00" West, along said
East Line, 310.99 feet; thence South 52°50'00" West, 60.04 feet to the centerline of said Illinois
Route No. 47; thence North 35'00'00" West, along said centerline, 54.56 feet; thence Westerly,
373.37 feet to the point of beginning in Kendall Township, Kendall County, Illinois and
containing 16.231 acres.
i
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ANMEX AGR::t--- 33.00
Revised September 27, 2000
STATE OF ILLINOIS )
)SS /i
COUNTY OF KENDALL
ANNEXATION AGREEMENT
NELSON POTTINGER(OWNEWDEVELOPER)
This Annexation Agreement (hereinafter"Agreement"), is made and entered into this J7+"
day of � , 2000, by and between the UNITED CITY OF YORKVILLE, a municipal
corporation,h einafter referred to as"CITY"and NELSON POTTINGER,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 i 3� acres,more or
less (hereinafter"PROPERTY"); and
WHEREAS, it is the desire of OWNER/DEVELOPER to provide for the annexation of the
subj ect 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 as to the legal
description contained in the attached Exhibit`B"; and zoned R-2 Single Family Residence District
as to the real property contained in the legal description attached hereto as Exhibit"C"; 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
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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 as described in the attached Exhibit `B" shall be placed in a B-3 Service
Business District and that the real property described in the attached Exhibit"C" shall be zoned as
R-2 Single Family Residence District; as set forth in the Annexation Plat attached hereto and
incorporated herein by reference as Exhibit"D"; and
WHEREAS,in reliance upon the development of the PROPERTY in the manner proposed,
OWNER/DEVELOPER 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:
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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. 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 as
described in Exhibit `B" shall be classified and shall zone the parcel B-3
Service Business District(the front 800'of the subject real property)and the
property described in Exhibit "C" shall be zoned as R-2 Single Family
Residence District (the remainder of the subject real property).
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 "E", 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.
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4. DONATIONS AND CONTRIBUTIONS.
The DEVELOPER shall pay One Thousand five Hundred Dollars ($1,500.00) as
School Transition fees per residential dwelling unit in said subdivision,to the Yorkville Community
School District, One Thousand One Hundred Fifty Dollars ($1,150.00) in 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 Ordinances or as modified herein. Said Transition,
development, and other fees shall be paid per single-family residence concurrent with and prior to
the issuance of each respective subject single-family 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/DEVELOPER knowingly waive any claim or objection as to amount of the specific fees
negotiated herein voluntarily.
5. 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
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.
6. OWNERIDEVELOPER shall provide the UNITED CITY OF YORKVILLE with a
copy of a written and recorded easement of ingress and egress within the B-3 Service Business
District zoned area of the subject real property granting an easement to Carolyn Herren and Pro
Source, the business currently operated on the Herren property, for the purpose of constructing a
hard surface driveway and access onto Route 47 for the benefit of the business located on the Herren
parcel,together with an easement for construction of a hard surface parking lot on the Herren parcel
for use by Pro Source that shall permit the use of the easement areas for so long as Pro Source or a
similar business is operated on the Herren parcel that requires off-street parking and highway access.
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OWNER/DEVELOPER shall provide the UNITED CITY OF YORKVILLE with a copy of an
executed easement agreement within 21 days of the approval of the Ordinance Annexing the subject
property. Said easement agreement shall further allow the necessary improvements shall be
constructed within 120 days of the approval of an Ordinance approving the Annexation, or the
UNITED CITY OF YORKVILLE shall be permitted to take enforcement action against
OWNER/DEVELOPER.
7. 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.
8. 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.
9. 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 subject parcel and/or future OWNER of the subject 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:
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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
OWNEWDEVELOPER: Nelson Pottinger
7311 S. Route 47
Yorkville, IL 60560
10. 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.
11. 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.
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IN WITNESS WHEREOF,the parties have executed this Annexation Agreement the day and
year first above written.
CITY:
THE UNITED CITY OF YORKVILLE
By:
MAYOR
Attest: .
CITY CLE_F<,K
OWNER/DEVELOPER:
NELSON POTTINGER
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 - Real property description
Exhibit B - B-3 Service Business District legal
Exhibit C - R-2 Single Family District legal
Exhibit D - Annexation Plat
Exhibit E - Yorkville-Bristol Sanitary District Facility Plan
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Exhibit"A"
LEGAL DESCRIPTION
That part of the Northeast Quarter of Section 8 and 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 Northeast Corner of said Section 8; thence South, along the East Line of said
Section 8, a distance of 1069.20 feet for the point of beginning; thence Southwesterly, along a
line which forms an angle of 123°56'55" with the last described course, measured counter-
clockwise therefrom, 876.38 feet to the East Line of Lot 6 as shown in Plat Book 3 at Page 65;
thence Southeasterly, 720.65 feet to the West Corner of Lot 5 of Willman Subdivision; thence
Northeasterly, along the North line of said Willman Subdivision and said North Line extended,
1097.11 feet to the East Line of Illinois Route No. 47; thence North 35'00'00" West, along said
East Line, 310.99 feet; thence South 52°50'00" West, 60.04 feet to the centerline of said Illinois
Route No. 47; thence North 35'00'00" West, along said centerline, 54.56 feet; thence Westerly,
373.37 feet to the point of beginning in Kendall Township, Kendall County, Illinois and
containing 16.231 acres.
v
Exhibit`B"
LEGAL DESCRIPTION
B-3 Zoned Area
That part of the Northeast Quarter of Section 8 and 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 Northeast Corner of said Section 8; thence South, along the East Line of said
Section 8, a distance of 1069.20 feet for the point of beginning; thence Southwesterly, along a
line which forms an angle of 123°56'55" with the last described course, measured counter-
clockwise therefrom, 573.03 feet to a line which is 800.0 feet westerly of and parallel with the
West Line of Illinois Route No. 47; thence Southeasterly, along said parallel line, 688.88 feet to
the North Line of Willman Subdivision; thence Notheasterly, along the North line of said
Willman Subdivision, 802.75 feet to the West Line of Illinois Route NO. 47; thence North
35 000'00" West, along said West Line, 423.13 feet; thence Westerly, 295.33 feet to the point of
beginning in the City of Yorkville, Kendall County, Illinois and containing 11.426 acres.
Exhibit"C"
LEGAL DESCRIPTION
R-2 Zoned Area
That part of the Northeast Quarter of Section 8, Township 36 North, Range 7 East of the Third
Principal Meridian described as follows: Commencing at the Northeast Corner of said Section 8;
thence South, along the East Line of said Section 8, a distance of 1069.20 feet; thence
Southwesterly, along a line which forms an angle of 123'56'55" with the last described course,
measured counter-clockwise therefrom, 573.03 feet to a line which is 800.0 feet westerly of and
parallel with the West Line of Illinois Route No. 47 for the point of beginning; thence,
Southwesterly along the line of the last described course, 303.35 feet to the East Line of Lot 6 as
shown in Plat Book 3 at Page 65; thence Southeasterly, 720.65 feet to the West Corner of Lot 5
of Willman Subdivision; thence Northeasterly, along the North line of said Willman Subdivision,
173.95 feet to said line which is 800.0 feet westerly of and parallel with the West Line of Illinois
Route No. 47 thence Northwesterly, along said parallel line, 688.88 feet to the point of
beginning in the City of Yorkville, Kendall County, Illinois and containing 3.830 acres.
Y j
THE UNITED CITY OF T HE .
LLAGE OF YORKVILLE ILLIN01 *14
SEWER SYSTEM EVALUATION SURVEY
FACILITIES PLANNING AREA
Yorkville-Bristol
Sanitary District
304 River Street
)orkville, IL 60560
312/553-7657
DISTRICT BOARD OF TRUSTI
Mr. Covell Sleezer Presk
Mr. Ellsworth ad Treas,
Gardner® Mr. Lawrence Gardnene r 'erk
DISTRICT PERK EL
Mr. Ralph Pfister Direc
Mr. Kevin Collman Operz
BAXTER & WOODMAN , INC, sAL wfl� 8sosz
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Accurate Map of
8 9 Territory Annexed to
NNortheast Corner of
Section 8 , T36N — R7E w THE UNITED CITY OF Y
Kendall Count
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LEGAL DESCRIPTION OF TRACT TO BE ANNEXED :
That part of the Northeast Quarter of Section 8 and that part of
w the Northwest Quarter of Section 9 , Township 36 North , Range 7
SCALE �/ East of the Third Principal Meridian described as follows :
Commencing at the Northeast Corner of said Section 8 ; thence
1 100 ' 0�
South , along the East Line of said Section 8 , a distance of
1069 . 20 feet for the point of beginning - thence Southwesterly ,
60 along a line which forms an angle of 123' 56 ' 55 " with the last
60 described course , measured counter — clockwise therefrom , 876 . 38
feet to the East Line of Lot 6 as shown in Plat Book 3 at Page
65 ; thence Southeasterly , 720 . 65 feet to the West Corner of Lot
5 of Willman Subdivision ; thence Northeasterly , along the North
line of said _ Willman Subdivision and said North Line extended , -
0 1097 . 11 feet to the East Line of Illinois Route No . 47 ; thence
North 35' 00 ' 00 " West , along said East Line , 310 . 99 feet ;
thence South 52 ' 50 ' 00 " West , 60 . 04 feet to the centerline of
o said Illinois Route No . 47 ; thence North 35' 00 ' 00 " West , along
State of Illinois said centerline , 54 . 56 feet ; thence Westerly , 373 . 37 feet to the
SS O point of beginning in Kendall Township , Kendall County , Illinois
County of Kendall
and containing 16 . 231 acres .
I , Phillip D . Young , an Illinois Professional Land Surveyor and on officer O
of Phillip D . Young and Associates , Inc . , state that I have prepared * his plat
using available recorded documents .
Dated August 19 2000 at Yorkville Illinois qM` 'a+rrauiirrsr`y'
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