Ordinance 2000-40 O 00 i 6461
, led for Record in
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August 22, 2000 un 11- 6-` A.')0 Ot tjc=cb Rm.
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STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2000-qD _
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
ROBERT C. KONICEK and
KENDALL NEW CENTURY DEVELOPMENT,L.L.C.
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County,Illinois,that a certain Annexation Agreement pertaining to the annexation and development
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 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 5/11-15.1-1,as amended,for the
execution of said Annexation Agreement has been fully complied with; and
WHEREAS,the subject real property expected to shortly become contiguous to the City and
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is within the one and one-half(1 %Z) mile planning boundary of the CITY.
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 and development 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.
BURTON CALLMER DAVE DOCKSTADER
RICHARD STICKA MIKE ANDERSON 0—
VALERIE BURD ow ROSE SPEARS —4-
LARRY KOT � THOMAS SOWINSKI
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
27th day of July, A.D. 2000.
MAYOR
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PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
271 day of July, A.D. 2000.
Attest: ; t 63� �-h
CITY CLERK
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"
LEGAL DESCRIPTION
THE EAST 1790.70 FEET OF THAT PART OF THE SOUTHWEST QUARTER OF
SECTION 7, TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN,DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF SAID
QUARTER; THENCE EAST ALONG THE SOUTH LINE OF SAID QUARTER TO THE
SOUTHEAST CORNER OF SAID QUARTER; THENCE NORTH ALONG THE EAST LINE
OF SAID QUARTER 25.80 CHAINS;QUARTER SOUTH LINE OF SAID QUART TO THE WEST LINE OF SAID QUARTER; THENCE
SOUTH ALONG THE WEST LINE OF SAID QUARTER 25.80 CHAINS TO THE
SOUTHWEST CORNER OF SAID QUARTER AND THE PLACE OF BEGINNING, IN THE
TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, AND CONTAINING 70.00
ACRES MORE OR LESS.
t
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2,0000i 01646
Filed for Record in
Revised August 23, 2000 PAUL KENDALL COUNTY, ILLINOIS
On 11-�8-2(._)00 At 02:31 pm.
STATE OF ILLINOIS ) ANNEX AGREE 6b.00
) ss.
COUNTY OF KENDALL )
ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE
of
KENDALL NEW CENTURY DEVELOPMENT,L.L.C.
and ROBERT C. KONIC/E-K(
THIS AGREEMENT is made and entered into this(A day of
2000 by and between THE UNITED CITY OF YORKVILLE,Yorkville, Illinois, a municipal
corporation, located in Kendall County, Illinois (hereinafter referred to as"CITY"), and
ROBERT C. KONICEK, of Little Rock Township,Kendall County, Illinois (hereinafter referred
to as "OWNER"), and KENDALL NEW CENTURY DEVELOPMENT, L.L.C. (hereinafter
referred to as "DEVELOPER"); CITY, OWNER, and DEVELOPER are sometimes referred to
herein individually as a"Party" or collectively as the"Parties"; (Tax Parcel I.D. #02-07-300-
003).
WITNESSETH
WHEREAS, OWNER is the owner of approximately seventy(70) acres of real property
which lies North of and within the one and one-half(1 '/2)mile planning jurisdiction of the CITY
generally East of the North-East corner of Corneils and Eldamain Road, and is anticipated to
become contiguous to the existing corporate limits of the CITY, and which said real property is
more particularly described in the attached Exhibit"A" (the"Property"),which is incorporated
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herein by reference and; which is not located within the corporate boundaries of any other
municipality; and
WHEREAS,DEVELOPER has an option to purchase the Property pursuant to the terms
of that certain Option Agreement dated December 15, 1998 by and between the DEVELOPER
and the OWNER.
WHEREAS, the Property is not presently located within the corporate limits of any
municipality and there are not electors residing on the Property. The Property is not currently
contiguous to the CITY's corporate boundaries.
WHEREAS, the CITY intends now or in the future to annex certain parcels of land,
which,upon annexation, will make the Property contiguous to the CITY. Subject to the
limitations set forth in Section 1 and other provisions herein, if DEVELOPER acquires the
Property, then upon achieving contiguity as provided in Article 7 of the Illinois Municipal Code
65 ILCS 5/7-1-1 et seq. (1999),the Parties desire to annex the Property to the CITY.
WHEREAS, the territory that is the subject matter of this Agreement includes the
Property and adjacent rights of way as required by Section 7-1-1 of the Illinois Municipal Code
65 ILCS 5/7-1-1 (1999). Said territory is depicted and legally described on the Plat of
Annexation attached hereto as Exhibit"A" and incorporated herein by this reference.
WHEREAS, the Parties desire to enter into this Agreement pursuant to the provisions of
Section 11-15.1-1 et seq. of the Illinois Municipal Code 65 ILCS 5/11-15.1-1 et seq. (1999), in
accordance with the terms and conditions hereinafter set forth. OWNER has agreed to enter into
this Agreement with the understanding that the property will not be annexed until the Property is
acquired by DEVELOPER.
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WHEREAS, subject to the limitations set forth in Section 2 and the provisions herein,
after acquiring the Property and establishing contiguity,DEVELOPER seeks to annex the
Property to the CITY and has filed with the City Clerk a proper verified Petition for Annexation
(the"Annexation Petition")pursuant to Section 7-1-8 of the Illinois Municipal Code 65 ILCS
5/7-1-8 (1999), signed by DEVELOPER, seeking annexation of the Property, in accordance with
and contingent upon approval and execution of this Agreement by the Parties.
WHEREAS, OWNER and DEVELOPER desire to annex the 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 DEVELOPER and the CITY; and
WHEREAS, OWNER and DEVELOPER have presented, and the CITY has considered,
the Property herein described in the attached Exhibit"A" as M-2 General Manufacturing District
for the purpose of constructing and operating a natural gas fueled electric generation facility in
order to make said Property a desirable addition to the CITY; and CITY acknowledges that
DEVELOPER may modify the development of the facility to accommodate future technological
improvements or make other changes so long as any such modifications or changes satisfy the
criteria set forth in this Agreement; and
WHEREAS,the CITY acknowledges that DEVELOPER's proposed use of the Property
will be compatible with and will further the planning objectives of the CITY. The CITY has
considered the Property, and its proposed zoning and development pursuant to the terms of this
Agreement and has found the proposed use and rezoning to be consistent with the large utility
use of the parcel South of the Property and the planning goals and criteria identified in the
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Comprehensive Plan. The CITY further has considered the existing and potential future use of
the area surrounding the Property and, as established by the CITY's Comprehensive Plan prior to
reviewing the project, determined that the CITY's and the region's long term orderly growth,
planning and development goals are best served by comprehensively planning the development
of this area for industrial growth. Consistent with the foregoing,the CITY has determined that,
upon annexation, it intends to zone the Property to is M-2 General Manufacturing District.
Consistent with the proposed use,the Property is comprehensively planned for industrial
development necessary pursuant to the CITY's Comprehensive Plan adopted on October 27,
1994.
WHEREAS, all Parties to this Agreement desire to set forth certain terms and conditions
upon which the Property heretofore described will be annexed to the CITY in an orderly manner,
and
WHEREAS,the CITY further acknowledges that the annexation of the Property to the
CITY will be of substantial benefit to the CITY, will extend the corporate limits and jurisdiction
of the CITY, will permit orderly growth, planning and development of the CITY, will increase
the tax base of the CITY, and will promote and enhance the general welfare of the CITY and its
residents.
WHEREAS, OWNER and DEVELOPER and their 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. Pursuant to notice, as required by statute and ordinance, a public hearing
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was held by the CITY Plan Commission on May 10,2000 on the requested rezoning of the
Property to the M-2 General Manufacturing District, and a recommendation of approval of that
rezoning was made by said body to the City Council relative to said request.
WHEREAS the CITY has sent the required notices to the Bristol Township, Bristol-
Kendall Fire Protection District and City of Yorkville Library within its corporate boundaries
consistent with the notice requirements to be sent to any fire protection or library districts
pursuant to the provisions of Section 7-1-1 of the Illinois Municipal Code, 65 ILCS 5/7-1-1
(1999).
WHEREAS, certain township roads are located on or adjacent to the Property. Therefore,
the required notices to the Board of Trustees of Bristol Township and the Bristol Township
Commissioner of Highways have been sent,pursuant to the provisions of Section 7-1-1 of the
Illinois Municipal Code, 65 ILCS 5/7-1-1 (1999).
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
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.
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WHEREAS, the City Council has duly considered all necessary petitions to enter into this
Agreement, has considered the recommendations of the City Plan Commission in connection
with the rezoning of the Property to the M-2 General Manufacturing District, Site Plan, and other
plans attached as exhibits to this Agreement and the variations,waivers and approvals described
herein, and has further duly considered the terms and provisions of this Agreement and, by
ordinance duly adopted by a vote of two-thirds (2/3) of the members of the Corporate Authorities
then holding office, has authorized the City Mayor to execute, and the City Clerk to attest, this
Agreement on behalf of 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:
1. A. ANNEXATION AND ZONING. The CITY shall adopt an ordinance
annexing to the CITY all of the real property described herein in the
attached Exhibit"D"; and the CITY in said ordinance shall zone the
Property designated in the attached Exhibit "A" subject to the further
terms of this Agreement as M-2 General Manufacturing District
Said underlying M-2 General Manufacturing District zoning shall allow
the uses, size, density, area, coverage, and maximum building heights as
set forth on Exhibit"B" for M-2 General Manufacturing District. Said
Property shall be used and developed in accordance with currently existing
65 ILCS 5/11-15.1 through 65/ILCS 5/11-15.1-5, and in accordance with
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the currently existing City Subdivision Control and Zoning Ordinances,
except to the extent modified by this Agreement.
B. The Parties acknowledge that if development of the Property commences
in the County prior to annexation of the Property to the CITY, the
DEVELOPER would be adversely impacted by a change in governmental
authority prior to issuance of a final Certificate of Occupancy by the
County. Therefore,the Parties agree that, subject to the provisions of
Section Lc below, should the CITY gain contiguity to the Property prior
to issuance of the final Certificate of Occupancy by the County, the CITY
shall not annex the Property until after issuance of the final Certificate of
Occupancy.
C. At DEVELOPER's option, DEVELOPER may waive all or any portion of
the provisions of Section Lb above by providing written notice (the
"Annexation Waiver Notice")to the CITY and therefore allow annexation
of the Property prior to issuance of the final Certificate of Occupancy.
The CITY further agrees that no further authorization or approval shall be
required by the CITY for any matter which is authorized or approved by
the County prior to such annexation including,without limitation, site plan
or engineering approvals,mass grading, foundation or building permits,
temporary or final certificates of occupancy or other authorizations and
approvals made by the county with regard to the property or the facility
(collectively,the"County Authorizations"). Upon annexation, all County
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Authorizations shall be treated in all respects as if they were also issued by
the CITY, and,upon request by DEVELOPER, the CITY shall reissue
such authorizations on behalf of the CITY granting the same approvals
and authorizations provided by the County Authorizations. By way of
example,but not limitation, if after the County has issued building permits
for the facility,but prior to issuance of the final Certificate of Occupancy,
DEVELOPER delivers the Annexation Waiver Notice and the Property is
annexed to the CITY pursuant to the terms of this Agreement,
DEVELOPER will be able to build and occupy the facility pursuant to
such permits,the CITY will treat such permits in all respects as if they
were issued by the CITY, and will reissue such permits in the CITY's
name without further application or review.
D. i. Subject to the limitations set forth in this Section 1 and elsewhere
in this Agreement,within thirty(30) days after the last to occur of
(i) acquisition of the Property by DEVELOPER, (ii) contiguity of
the Property to the CITY, and (iii) issuance of a final Certificate of
Occupancy for the facility or delivery of the Annexation Waiver
Notice by DEVELOPER to the CITY (the"End Date"), the
Corporate Authorities shall, subject to the terms and conditions set
forth in this Agreement, annex the Property to the CITY and do all
things necessary or appropriate to cause the Property to be validly
annexed to the CITY. All ordinances,plats, affidavits and other
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documents necessary to accomplish annexation shall be recorded
by the CITY. DEVELOPER agrees to pay any recording fees
imposed by the Kendall County Recorder for recording of such
documents.
ii This Agreement in its entirety, at the option of DEVELOPER,
shall be null, void and of no force and effect unless the Property, as
of the earlier to occur of(i) sixty days after the End Date or(ii)
June 1, 2003, is validly annexed to the CITY and validly zoned and
classified in accordance with and as contemplated by this
Agreement at the times specified herein. Any such time period
specified herein shall be considered extended until DEVELOPER
has provided written notice to the CITY that it is terminating this
Agreement. Termination of this Agreement as provided in this
section shall not adversely impact the right of the Parties to
thereafter mutually agree to enter into a subsequent annexation
agreement and annex the Property upon achieving contiguity.
E. CITY, subject to only those conditions stated herein, agrees to the
following terms and conditions:
i. Zones the Property in the M-2 General Manufacturing District
classification;
ii. Approves the Site Plan attached as Exhibit"C";
iii. Approves the Preliminary Engineering Plan,hereinafter defined;
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iv. CITY hereby:
a. acknowledges and agrees that the facility is a permitted use
on the Property and in the M-2 General Manufacturing
District;
b. acknowledges and agrees that no development approvals
from the CITY shall be required in connection with
installation and operation both on and off the Property of
(a)natural gas lines bringing gas to the facility; (b)
transmission lines bringing electric power to or from the
facility; or(c) similar improvements servicing the Property,
excluding off-site municipal and roadway improvements;
and
C. acknowledges and agrees that development, including any
expansion or modification of the facility from the Site Plan
may occur within the Property and that so long as such
development materially complies with the setbacks and
landscaping in the Site Plan,the Environmental Standards
and the procedures for approval of Site Plan to insure
compliance with Development Criteria as set forth in this
Section 1, such development shall be deemed approved by
the CITY as a matter of right, without further action by the
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CITY, subject to approval of a building permit pursuant to
the procedures set forth in Section I.L.below; and
d. Grants any waivers and approvals as may be required to
allow construction and operation in accordance with the
Site Plan or otherwise required to allow compliance with
and development pursuant to, the terms of this Agreement,
including,without limitation, any such waivers or
approvals necessary regarding City laws,requirements or
regulations regarding lighting, glare,noise,performance
standards,height restrictions, floor area ratio, setback or
similar bulk requirements.
F. The Parties have agreed to certain criteria for development of the Property
in compliance with the Site Plan,which criteria(the"Development
Criteria") are described as follows:
i. Bulk Standards:
Minimum building setback from the property line 25 feet
Maximum lot coverage 60%
Maximum Floor Area Ratio 0.85
ii. A minimum of 10 parking spaces shall be required for the facility.
The CITY acknowledges that transmission lines and an electric
substation are located near the Property and agrees that no height,
setback or development restrictions shall be imposed for
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transmission lines or related equipment located in the areas
designated for open space or elsewhere on the Property;
iv. For purposes of the Development Criteria, the terms"building",
"setback" and"yard" shall have the meanings set forth in the City
Zoning Ordinance as of the date hereof. The Parties agree that the
definition of buildings excludes,without limitation, and no height
restrictions shall apply to, all stacks, including without limitation,
exhaust stacks and air intake structures,heat recovery steam
generators and appurtenances, electric substation,transmission and
interconnection equipment and similar improvements, cooling
towers,water tanks or storage facilities now or hereafter located on
the property. Height of improvements and buildings shall be
measured from the above ground base of such improvement to its
highest point.
G. The OWNER, and their successors,heirs, and assigns hereby agree that
prior to issuance of a building permit on the Property, a site development
plan has been submitted and is hereby approved by the City Council of the
United City of Yorkville as Exhibit"C". The CITY agrees that
development of the Property pursuant to the Site Plan does not require
subdivision.
H. The Property being annexed is depicted as Exhibit"D" attached hereto and
incorporated herein by reference as the Annexation Plat.
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I. i. To the extent of any conflict, ambiguity or inconsistency between
the terms,provisions or standards contained in this Agreement and
the terms, provisions or standards, either presently existing or
hereafter adopted, of the City Code,the Zoning Ordinance, as
hereinafter identified, or any other City code, ordinance or
regulation,the terms,provisions and standards of this Agreement
shall govern and control. Notwithstanding the foregoing, if any
City code, ordinance or regulation is hereafter adopted, amended or
interpreted so as to be less restrictive upon DEVELOPER with
respect to the development of the Property than is the case under
the existing law or this Agreement,then at the option of
DEVELOPER, such less restrictive amendment or interpretation
shall control.
ii All codes, ordinances,rules and regulations of the CITY in effect
as of the date hereof shall continue in effect, insofar as they relate
to the regulation of the development of the Property, during the
entire Term of this Agreement(as hereinafter defined), except as
otherwise provided herein and except to the extent of amendments
mandated by state or federal requirements.
No fee or charge of any description shall be imposed upon
DEVELOPER or upon the development and use of the Property
unless, as of the date of this Agreement, such fee or charge is being
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collected by the CITY on a uniform basis from all owners,users
and developers of property within the CITY. The CITY shall not
increase the amount of any fee or charge imposed on
DEVELOPER during the Term of this Agreement unless such
increases are: (i)made generally applicable to all owners, users
and developers of property within the CITY; and(ii) such increases
do not as a practical matter apply disproportionately to
DEVELOPER,the facility,the Property, or non-residential
improvements in the CITY. All building permit and building
inspection fees for any improvement constructed upon the Property
shall be due and payable upon issuance of a building permit for
that improvement.
iv. The fees for building permits, certificates of occupancy and
approval of any improvements on the Property shall be equal to the
usual and customary fees of the CITY's consultants,to conduct
standard plan reviews,building inspections and inspections of on
and off-site improvements. DEVELOPER's liability for the total
of all such fees shall not, in any event, exceed Fifteen Thousand
Dollars ($15,000.00).
V. Notwithstanding any provision of this Agreement or of any
provision of the CITY's municipal code, or any resolution, action
or ordinance of,by or on behalf of the CITY, the CITY shall not
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levy, charge or otherwise cause or require the payment of any fee,
tax, special assessment or other similar charge related in any
manner to the operation,production or business of the facility,
including without limitation natural gas usage, and electricity
generation, transmission, sale or use at or related to the facility;
except for those taxes generated by ordinary office use (i.e.,
telephone, gas, electrical bills for use on the site of the Property).
J. i. The CITY hereby approves the preliminary engineering plans,
stormwater management calculations and grading plans for the
property(collectively the"Preliminary Engineering Plan") attached
hereto as Exhibit"C" and made a part hereof by reference as
satisfying the requirements of the City Zoning Ordinance and all
other applicable laws and regulations, as modified or amended
pursuant to the terms of this Agreement.
ii DEVELOPER may submit to the CITY one or more final
engineering plans, stormwater management calculations and
grading plans for the Property(collectively the"Final Engineering
Plan") at the time of submission for any building permit or Final
Plat approval, and the CITY shall approve said Final Engineering
Plan, provided it substantially conforms to the Preliminary
Engineering Plan.
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DEVELOPER shall have the right,prior to obtaining approval of
the Final Engineering Plan and prior to issuance of any building
permit for development of the Property, to undertake excavation,
preliminary grading work, filling and soil stockpiling on the
Property in preparation for the development of the Property upon
submittal of a grading plan and soil erosion and sedimentation
control plan to the CITY,which plans shall substantially comply
with the Site Plan. Such work shall be undertaken at
DEVELOPER's sole risk to the extent that such work does not
comply in all material respects with the final building permit.
K. i. Utilities: The CITY shall permit the DEVELOPER to provide and
utilize its own septic field for sanitary purposes and wells for
potable water,both pursuant to the Preliminary Engineering Plan.
The CITY shall not require the DEVELOPER to extend or connect
the CITY's potable water or sanitary sewer lines to the Property or
any improvements thereon,nor shall the CITY require the
DEVELOPER to pay any inspection, annexation, tap-on or user
fees in connection with the provision of potable water or sanitary
sewer service to the Property. Notwithstanding the foregoing, if
DEVELOPER decides, in its sole discretion, to extend either the
potable water of sanitary sewer lines, or both,to the Property, then
the CITY agrees to take all commercially reasonable actions
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necessary to enable such extension and the total cost of the
extension, including engineering, legal, consultant, construction,
development, and related costs, shall be credited against any tap-on
or user fees otherwise applicable. Further,the CITY agrees to
provide to DEVELOPER a recapture of such costs from other
property owners benefitting from such extension pursuant to a
recapture agreement in form mutually agreeable to DEVELOPER
and the CITY.
ii DEVELOPER 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), to the Property described in the attached Exhibit"A". If
a larger connection is required the customary cost above the stated
requirements shall be charged incrementally to DEVELOPER.
L. Building Permits: The CITY shall issue building permits for which
DEVELOPER applies within fifteen(15)business days following receipt
of application and supporting documentation therefor. If the application is
denied,the CITY shall provide DEVELOPER with a written letter of
denial specifying the reasons for denial of the application, including
specifications of the requirements of the Site Plan, and Environmental
Standards, as defined herein, or other applicable laws which the
application or supporting documents fail to meet. The letter of denial shall
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inform DEVELOPER specifically as to what corrections are necessary as a
condition to the issuance of the building permits and quote the section of
any applicable code, ordinance or regulation relied upon by the CITY in
its denial of the building permits. If the application is denied,
DEVELOPER shall resubmit its application and supporting
documentation to the CITY. Such resubmission shall by subject to the
same standards and timing provided in this section for an initial
application. The CITY shall issue such building permits upon
DEVELOPER's compliance with those requirements identified in the
CITY's letter of denial. DEVELOPER may apply for building permits
prior to the availability of septic,potable water and storm water detention
to such portion of the Property. Notwithstanding the foregoing, no final
occupancy permits shall be issued for such portions of the Property until
the availability of such utilities is demonstrated to the CITY.
M. Certificates of Occupancy: The CITY shall issue certificates of occupancy
to DEVELOPER within five(5)business days following application
therefor, or issue a letter of denial within said period informing
DEVELOPER specifically as to what corrections are necessary as a
condition to the issuance of a certificate and quoting the section of any
applicable code, ordinance or regulation relied upon by the CITY in its
request for correction. Non-critical improvements or DEVELOPER's
inability, due to adverse weather conditions or otherwise,to install
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landscaping or similar improvements, shall not delay the issuance of a
temporary certificate of occupancy. The CITY shall have the right to
require the posting of security, on issuance of such temporary certificate of
occupancy,in order to ensure completion of such uncompleted items.
DEVELOPER may satisfy such security by posting a corporate guaranty,
letter of credit or surety bond in an amount not to exceed 100% of the cost
of such uncompleted items.
N. The Parties acknowledge that operation of the facility and other
improvements related to the generation or distribution of electric power on
the Property are subject to federal requirements, including,without
limitation, any applicable laws, statutes, codes, inspections or other criteria
now or hereafter required by the United States Environmental Protection
Agency(collectively, the"Environmental Standards"). The Parties further
acknowledge that the Environmental Standards are more specifically
designed to regulate such proposed use than the more general
environmental or performance standards identified in the Zoning
Ordinance, including without limitation those set forth in Title 10, Chapter
8 of the Ordinance (collectively,the"Ordinance Standards"). Therefore,
the Parties hereby agree that the Property shall be subject to the
Environmental Standards and the CITY hereby waives enforcement of the
Ordinance Standards and agrees that the Ordinance Standards shall not be
applicable to the facility, the operation or distribution of electric power on
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the Property, any improvements related thereto, or the construction,
modification, repair, or replacement of any such improvements. The
provisions of this Section 1 shall survive expiration of this Agreement.
2. CITY'S AGREEMENTS.
A. The CITY agrees that due to the nature of the non-residential use and
zoning classification of the Property, OWNER and DEVELOPER shall
have no obligation to pay School Transition Fees or Land-Cash Fees so
long as the Property is used for a purpose other than a caretaker's
residence.
B. In the event, at a later date OWNER or a future Developer seeks to modify
the existing zoning to a Residential Class Zoning, OWNER agree that
School Transition fees to the Plano 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
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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 or used for a
non-residential purpose (including a caretaker's residence) including but
not limited to business, office, or manufacturing purposes under the terms
of this Agreement.
C. CITY agrees that DEVELOPER and its successors,heirs, and assigns
operating an electric generation facility should be exempt from CITY
Utility Tax for natural gas used for purposes by the plant. In the event that
the collection process regulated by the Illinois Commerce Commission
requires assessment of the Utility Tax without abatement to
DEVELOPER,the CITY shall collect the tax and on a quarterly basis and
rebate that amount to the DEVELOPER, except to the extent set out in
paragraph I.v. above. The provisions of this paragraph 2.C. shall not apply
to the ordinary office use of gas and electricity by the employees of the
facility, including heating and lighting of the operations building(s) and
the parking area.
A. CITY hereby represents and warrants that no taxes are currently
charged by the CITY which would be assessed or levied against
the Property or operation of the facility other than general real
estate taxes.
-21-
B. The CITY represents that no annexation fees are payable by
DEVELOPER as a result of the annexation of the Property to the
CITY.
C. The CITY warrants and represents that no recapture fees are due
and payable to any person or entity as a result of the annexation of
the Property to the CITY or as a result of connection to any utility
improvements serving the Property.
D. Except as specifically stated in this Agreement, no fees, donations,
special assessments or special taxes or contributions shall be
required to be paid by DEVELOPER for annexation or
development of the Property in accordance with the terms of this
Agreement.
E. The CITY shall not levy against any real or personal property
currently or prospectively on the Property, any special assessment
or special tax for the cost of any improvements upon or for the
benefit of the Property, except for roadway improvement through
this area not to exceed 10%of the cost of the roadway
improvements or Three Hundred Thousand Dollars and 00/100
($300,000.00) whichever is less for all roadway assessments in the
aggregate. The CITY will not make said assessment unless at least
200 acres of industrial acreage, excluding the Property, is
developed for industrial or commercial use adjoining the Property
-22-
on Corneils Road is being assessed for the roadway improvements.
The CITY shall give OWNER sixty(60) days written notice prior
to adopting a special service area for the roadway improvements or
before initiating such roadway improvements to be paid for by the
special service area;
F. The CITY shall not levy against the Property any special
assessment, special taxes or any existing or additional sales or use
tax related to operations or production at the facility, including
without limitation natural gas usage and electricity generation and
transmission at the facility;
G. Unless the use of the Property is changed to a residential use
except for a caretaker's residence, the CITY shall not undertake
any local improvements in, on or for the benefit of the Property
pursuant to the imposition of a special assessment or special tax
against the Property, or any portion thereof,
H. The CITY shall not levy or impose additional taxes on the
Property, in the manner provided by law for the provision of
special services to the Property or to an area in which the Property
is located or for the payment of debt incurred in order to provide
such special services.
D. The Parties acknowledge that the improvements on the Property are solely
for the benefit of the DEVELOPER and the proposed project discussed in
-23-
this Agreement, and are not required by or for development of any other
property. There are no public improvements required to be constructed as
a part of this Agreement. Except as specifically stated in this Agreement,
no security shall be required by the CITY for construction of any
improvements on the Property or issuance of any building permits in
relation with such construction.
DEVELOPER, KENDALL NEW CENTURY DEVELOPMENT, L.L.C.,
does hereby agree that any portion of Corneils Road that is within the city
limits of the UNITED CITY OF YORKVILLE which may be damaged or
destroyed during and as a result of the construction of DEVELOPER's
facility shall be replaced or repaired at DEVELOPER's expense, in a
timely fashion after being approved by the City Engineer.
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 Property. Nothing contained herein shall constitute a
positive duty on the part of the CITY to extend municipal water or sanitary
sewer service to the subject site.
F. i. Potable Water: The CITY is giving permission for a variance from
its subdivision Control Ordinance for use of private well and septic
system for the stated special use on the site of DEVELOPER. In
determining any further such variance the applicability of such a
-24-
variance for the Property, the CITY shall consider soil types,
density, intended use of the development, and proximity of the
Property for extension of sanitary sewer and water mains, as well
as capacity of those municipal and sanitary district systems.
ii Any on-site,heavy-use wells shall primarily use the Ironton-
Galesville aquifer. The maximum water usage from the heavy use
wells on the Property shall not exceed nine hundred fifty (950)
gallons per minute on an average daily basis, unless additional
water is required to satisfy emission control requirements. The
well casing for the heavy use well shall extend a minimum of two
hundred(200) feet below the top of the Middle Confining Unit
located above the Ironton-Galesville aquifer.
G. The CITY agrees that if the Property is developed for the Manufacturing
Zoning classification and the DEVELOPER 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 or utility 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's or DEVELOPER's expense.
-25-
H. Upon annexation, the OWNER and DEVELOPER will receive police
protection, 911 service and library service as provided by CITY.
I. The CITY will not require the OWNER and DEVELOPER to annex to
Yorkville Bristol Sanitary District or other applicable sanitary district,
until application for a building permit seeking to hook up to the CITY's or
sanitary district's sewer system is sought by OWNER or DEVELOPER.
OWNER and DEVELOPER agree 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 and DEVELOPER shall be permitted to continue their existing
agricultural uses on the Property as legal non-conforming uses on the
portion of the Property that is not developed.
K. CITY agrees that in consideration of OWNER voluntarily entering into
this Annexation Agreement,the CITY at its expense shall pay all of its
Consultants, all publication, application, and recording fees for the
Annexation and Zoning of the Property, and shall at CITY expense,
prepare an Annexation Plat thereof and all necessary Ordinances. No
charge for the aforesaid items shall be paid by OWNER or DEVELOPER.
CITY will further use its best efforts at its expense to obtain consent of the
intervening real property owners in order to provide a contiguity corridor
to permit the lawful annexation of the Property to the CITY.
-26-
` 1
3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS.
A. The Parties shall use commercially reasonable efforts to carry out the
terms and provisions of this Agreement and to aid and assist each other in
carrying out the terms and objectives of this Agreement and the intentions
of the Parties as reflected by said terms, including, without limitation, the
giving of such notices,the holding of such public hearings, the enactment
by the CITY of such resolutions and ordinances and the taking of such
other actions as may be necessary to enable the Parties' compliance with
the terms and provisions of this Agreement and as may be necessary to
give effect to the terms and objectives of this Agreement and the
intentions of the Parties as reflected by said terms.
B. The Parties shall cooperate fully with each other in seeking from any or all
appropriate governmental bodies (whether federal, state, county or local)
financial or other aid and assistance required or useful for the construction
or improvement of Property and facilities in and on the Property or for the
provision of services to the Property. This section shall include the
agreement of the Parties to use commercially reasonable efforts to enable
development of off site electric, gas and other improvements to serve the
Property. If the request for cooperation is made in writing by the
DEVELOPER,then said cooperation shall be at no cost at CITY.
C. It is specifically understood and agreed that OWNER and their successors
and assigns shall have the right to sell transfer, mortgage and assign all or
-27-
any part of the 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 and
DEVELOPER 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
financial guaranties posted by OWNER or DEVELOPER on any
subdivided or unimproved property for which an acceptable substitute
performance bond or letter of credit has not been submitted to the CITY.
D. This Agreement, may be amended only if(i)the Parties manifest their
mutual written consent, (ii)the Corporate Authorities adopts an ordinance
approving said amendment as provided by law, and(iii)the Parties or their
successors in interest execute said amendment. Any amendment which
only applies to a portion of the Property will only require consent and
execution by DEVELOPER and those owners holding title to such
portion.
E. Upon a breach of this Agreement and following expiration of the cure
period provided in subsection F below, any of the Parties, in any court of
competent jurisdiction,by an action or proceeding at law or in equity, may
secure the specific performance of the covenants and agreements herein
-28-
contained,may be awarded damages for failure of performance, or both, or
may obtain rescission and disconnection for material failure of
performance. No action taken by any Party hereto pursuant to the
provisions of this Section or pursuant to the provisions of any other
Section of this Agreement shall be deemed to constitute an election of
remedies set forth in this Agreement shall be cumulative and non-
exclusive of any other remedy either set forth herein or available to any
party at law or in equity.
F. In the event of a breach of this Agreement,the Parties agree that the Party
alleged to be in breach shall have thirty(30) days after written notice of
said breach to correct the same prior to the non-breaching Party's seeking
of any remedy provided for herein,provided,however, that said thirty(30)
day period shall be extended if the defaulting Party has initiated the cure
of said default and is diligently proceeding to cure the same. The Parties
agree to use commercially reasonable efforts during such foregoing thirty
(30) day period, including any extension period,to expedite correction of
such breach. The foregoing thirty(30) day cure period shall not apply to
failure of the CITY to annex and rezone the Property during the time
periods provided herein.
G. If any of the Parties shall fail to perform any of its obligations hereunder
which failure is not cured within the cure period provided in subsection F
above, then, in addition to any and all other remedies that may be
-29-
available, either at law or in equity,the Party affected by such default shall
have the right,but not the obligation,to take such action as in its
reasonable discretion and judgment shall be necessary to cure such default.
In such event,the defaulting Party hereby agrees to pay and reimburse the
Party affected by such default for all reasonable costs and expenses,
including attorneys' fees and litigation expenses incurred by it in
connection with any action taken to cure such default.
H. Notwithstanding anything in this Agreement to the contrary, no Party nor
their respective directors, officers, shareholders,managers, or employees
will be liable to any other Party, or its directors, officers, shareholders,
managers or employees, whether under breach of contract,breach of
warranty, tort liability(including without limitation both negligence and
strict liability), strict liability, indemnification, or otherwise, for any
incidental, special, indirect or consequential damages whatsoever
(including without limitation lost profits or revenue) of any nature
connected with or resulting from this Agreement,but rather shall be liable
only for direct actual damages. Nothing contained herein shall waive any
right of tort immunity of the CITY of any Party to insist upon the strict
and prompt performance of the terms, covenants, agreements and
conditions herein contained, or any of them, upon any other Party
imposed, and shall not constitute or be construed as a waiver or
relinquishment of any Party's right thereafter to enforce any such term,
-30-
covenant, agreement or condition,but the same shall continue in full force
and effect.
I. If the performance of any covenant, term, agreement or condition to be
performed hereunder by any Party is delayed as a result of circumstances
which are beyond the reasonable control of such Party,the time for such
performance shall be extended by the amount of time of such delay.
J. In the event that the annexation or rezoning of the Property is in any way
deemed to be defective,the Parties agree that they will do all things
necessary and appropriate to cure, on a timely basis, any and all defects
necessary to cause the Property to be validly annexed to the CITY and/or
rezoned under the CITY's Zoning Ordinances pursuant to the terms of this
Agreement.
4. TERMINATION.
A. If, for any reason, either(i)DEVELOPER does not acquire the Property
and notifies the CITY that it no longer has the right to acquire the Property
pursuant to the Option or otherwise or(ii)DEVELOPER does not
commence pouring of concrete for foundations on the Property within two
(2) years following establishing contiguity of the Property to the CITY,
then DEVELOPER shall have the right, in its sole discretion,to terminate
this Agreement by written notice delivered to the CITY (the"Developer's
Cessation Notice").
-31-
B. Upon delivery of the Developer's Cessation Notice, this Agreement
immediately and without further action by the Parties shall terminate and,
if applicable, the CITY shall do all things necessary or appropriate to
cause the Property to be validly disconnected from the CITY.
5. TIME OF THE ESSENCE.
A. 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.
B. If any required delivery or notice date associated with this Agreement
occurs on a Saturday, Sunday, or Federal holiday,then said required
delivery or notice shall be due on the first weekday business day following
that Saturday, Sunday, or Federal holiday.
C. Wherever any approval or consent of the Parties, or of any of their
departments, officials or employees, is called for under this Agreement,
the same shall not be unreasonably withheld or delayed.
6. 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
-32-
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.
7, 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. This Agreement shall be binding upon
the Parties and their respective successors and assigns for the greater of twenty
(20) years or longer if permitted by law, commencing as of the date hereof(the
"Term of this Agreement"). If any of the terms of this Agreement, or the
annexation or zoning of the Property, is challenged in any court proceeding, then,
to the extent permitted by law, the period of time during which such litigation is
pending shall not be included in calculating said twenty(20)year period. The
expiration of the Term of this Agreement shall not affect the continuing validity
of the zoning of the property in the M-2 General Manufacturing District or any
ordinance enacted by the CITY pursuant to this Agreement.
8. MISCELLANEOUS.
A. The Parties acknowledge and agree that(i) in no event shall any
individual, partner,member, shareholder, owner, officer, director,
employee, affiliate,beneficiary, or elected or appointed public official of
-33-
any Party, including individuals who are members of the group
constituting the Corporate Authorities and are entering into the Agreement
in their corporate capacities as members of such group, or its affiliates,be
personally liable to another Party for any judgment for monetary damages,
payments, obligations or performance due under this Agreement, or any
breach or failure of performance of either Party hereunder and(ii) that the
sole recourse for payment or performance of the obligations hereunder
shall be against the parties themselves and each of their respective assets
and not against any other person, except for such liability as may be
expressly assumed by an assignee pursuant to an assignment of, or
pursuant to, this Agreement in accordance with the terms hereof.
B. Each Party (the"Indemnifying Party") agrees to indemnify, defend and
hold harmless the other Party (the"Other Party"), its respective mayor,
trustees, officers, directors and agents thereof, individually and
collectively (the"Indemnified Parties") from and against any and all suits,
an from any claims, demands or other actions including,but not limited
to, any judgments arising therefrom which are a result of or arise out of the
d
Indemnifying Party's acts or omissions in connection with the
development of the facility; or, any action taken pursuant to this
Agreement (collectively, the"Indemnified Claims"). The obligation of
each Indemnifying Party hereunder shall include and extend to payment of
reasonable attorneys' fees for the representation of the Indemnified Parties
-34-
in such litigation and includes reasonable and customary expenses, court
costs and fees; it being understood that the Other Party shall have the right
to employ attorneys to represent the Indemnified Parties in such litigation.
Each Indemnifying Party shall have the right to require that the Other
Party appeal to courts of appellate jurisdiction any judgment taken against
the Other Party or its officers or agents in this respect, and the Other Party
shall join in any such appeal taken by the Indemnifying Party. To the
extent a particular Indemnified Claim is covered by insurance, each
Indemnifying Party shall be released of liability hereunder. The
indemnification obligations of each Indemnifying Party contained herein
shall not extend to Indemnified Claims incurred as a result of or arising
out of. (i) the negligence,reckless misconduct or intentional acts of the
Indemnified Parties, and their contractors; (ii) actions or obligations which
the Other Party has agreed to undertake, comply with,pay or incur
pursuant to the provisions of the Agreement; or(iii) the Other Party's
breach of any of the terms of the Agreement. The indemnification
obligations of Developer contained herein shall additionally not extend to
Indemnified Claims incurred as a result of or arising out of: (i) the
CITY'S or any other public entity's construction or causing construction of
any improvements on or near the Property; (ii)the CITY'S or any other
public entity's ownership, improvement,maintenance or use of any other
portion of the Property; or(iii) the acts of any successor Developer of all
-35-
or a portion of the Property not affiliated with the DEVELOPER, or the
agents or employees of such successor Developer. As a condition of the
above indemnities: (y) the Indemnified Parties shall cooperate in the
defense of any such legal action and in any appeal of any judgment
entered in any such legal action; and(z)the Indemnified Parties shall not
settle or compromise any such legal action, or waive any available avenue
of appeal of any unfavorable judgment,without first securing the written
approval of the Indemnifying Party. The obligations of each Indemnifying
Party arising under this Section shall not extend to any action or claim by
the Indemnifying Party against the Indemnified Parties individually or
collectively.
9. 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: Robert C. Konicek
1726 Eldamain Rd.
Plano, IL 60545
-36-
With a copy to: Mr. Louis Neuendorf, Esq.
222 E. Railroad Street
Sandwich, IL 60548
To Developer: Kendall New Century Development, L.L.C.
c/o Enron North America Corp.
Attn: Fred J. Mitro
1400 Smith St.
Houston,TX 77002-7361
With a copy to: Attorney Mark A. Gershon
Piper Marbury Rudnick &Wolfe
203 N. LaSalle St., Ste. 1800
Chicago,IL 60601
or to such other addresses as any Party may from time to time designate in a
written notice to the other Parties.
10. ENACTMENT OF ORDINANCES.
A. 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.
B. Severability: If any provision, covenant, agreement or portion of this
Agreement or its application to any person, entity or property is held
invalid, such invalidity shall not affect the application or validity of any
other provisions, covenants or portions of this Agreement, and to that end,
all provisions, covenants, agreements and portions of this Agreement are
declared to be severable. If for any reason the annexation or zoning of the
Property is riled invalid, in whole or in part, the Corporate Authorities, as
-37-
soon as possible, shall take such actions(including the holding of such
public hearings and the adoption of such ordinances and resolutions) as
may be necessary to give effect to the spirit and intent of this Agreement
and the objectives of the Parties, as disclosed by this Agreement.
C. Entire Agreement: This Agreement sets forth all agreements,
understandings and covenants between and among the Parties. This
Agreement supersedes all prior agreements,negotiations and
understandings,written and oral, and is a full integration of the entire
agreement of the Parties.
D. Survival: The provisions contained herein shall survive the annexation of
the Property and shall not be merged or expunged by the annexation of the
Property to the CITY.
E. Successors and Assigns: This Agreement shall inure to the benefit of, and
be binding upon,the successors in title of the OWNER and DEVELOPER,
their successors, grantees, lessees, and assigns, and upon successor
corporate authorities of the CITY and successor municipalities. This
Agreement may be assigned by DEVELOPER without CITY approval and
upon said assignment and acceptance by an assignee,the assignor shall
have no further obligations hereunder. If a portion of the Property is sold,
the seller shall be deemed to have assigned to the purchaser any and all
rights and obligations it may have under this Agreement, excluding rights
of recapture,which affect the portion of the Property sold or conveyed and
-38-
thereafter the seller shall have no further obligations under this Agreement
as it relates to the portion of the Property conveyed.
F. Reliance: This Agreement is executed by and among the Parties, and
confers rights and obligations only upon the Parties. No other person or
entity may rely upon this Agreement or claim any right thereunder.
G. Singular and Plural: Wherever appropriate in this Agreement,the singular
shall include the plural, and the plural shall include the singular.
H. Section Headings and Subheadings: All section headings or other
headings in this Agreement are for the general aid of the reader and shall
not limit the plain meaning or applicability of any of the provisions
thereunder whether covered by or relevant to such heading or not.
I. Recording: All ordinances,plats, affidavits,recapture agreements,
assignments and any other agreements and/or documents shall be recorded
by the CITY at DEVELOPER'S sole cost and expense.
-39-
IN WITNESS WHEREOF,the undersigned have hereunto set their hands and seals this_
day of ���� , 2000.
UNITED CITY OF YORKVILLE
Kendall County, Illinois
By:
Arthur F. Prochaska, Jr.,Mayor
Attest:
City Clerk
DEVELOPER:
KENDALL NEW CENTURY VELO T,L.L.C.
OBy:
Attest:
-40-
OWNER:
ROBERT C. KONICEK
Prepared by and Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
-41-
EXHIBIT LIST
Exhibit A - Legal Description
Exhibit B - M-2 General Manufacturing District Zoning Ordinance
Exhibit C - Site & Landscape Plan dated March 24, 2000 and prepared by Ruettiger,
Tonelli &Associates, Inc.
Exhibit D - Annexation Plat
-42-
Exhibit"A"
LEGAL DESCRIPTION
THE EAST 1790.70 FEET OF THAT PART OF THE SOUTHWEST QUARTER OF
SECTION 7, TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN,DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF SAID
QUARTER; THENCE EAST ALONG THE SOUTH LINE OF SAID QUARTER TO THE
SOUTHEAST CORNER OF SAID QUARTER; THENCE NORTH ALONG THE EAST LINE
OF SAID QUARTER 25.80 CHAINS; THENCE WEST ON A LINE PARALLEL TO THE
SOUTH LINE OF SAID QUARTER TO THE WEST LINE OF SAID QUARTER; THENCE
SOUTH ALONG THE WEST LINE OF SAID QUARTER 25.80 CHAINS TO THE
SOUTHWEST CORNER OF SAID QUARTER AND THE PLACE OF BEGINNING, IN THE
TOWNSHIP OF BRISTOL,KENDALL COUNTY, ILLINOIS, AND CONTAINING 70.00
ACRES MORE OR LESS.
10-813-1 10-813-2
CHAPTER 8
MANUFACTURING DISTRICTS
ARTICLE B. M-2 GENERAL MANUFACTURING DISTRICT
SECTION:
10-813-1: Uses Permitted
10-813-2: 'Conditions of Permitted Uses
10-88-3: Special Uses
10-813-4: Yard Areas
10-813-5: Lot Coverage
10-813-6: Floor Area Ratio
10-813-7: Signs
10-813-1: USES PERMITTED: The following uses are permitted:
Any use permitted in the M-1 District.
Any production, processing, cleaning, servicing, testing, repair or storage of
materials, goods or products which conforms to the performance standards
established for this District'.
Cement block manufacture.
Contractor or construction such as: building, cement, electrical,
refrigeration, masonry building, plumbing, roofing, air conditioning, heating
and ventilating, fuel oil, with a storage of fuel oils, gas and other flammable
products limited to twelve thousand (12,000) gallons per tank, with a total
storage on zoning lot not to exceed fifty thousand (50,000) gallons. (Ord.
1973-56A, 3-28-74)
10-813-2: CONDITIONS OF PERMITTED USES: All permitted uses are
subject to the following conditions:
1. See Section 10-8-1 of this Title.
City of Yorkville
\ \
' 10-813-2 10-813-5
A. All 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. Within one hundred fifty feet (150') of a residence district, all
business, production, servicing, processing and storage shall take
place or be within completely enclosed buildings; except, that
storage of materials or products may be open to the sky provided the
storage area is enclosed with a solid wall or fence, as required by
the Zoning Administrator.
However, within such one hundred fifty feet (150') of a residence
district, off-street loading facilities and off-street parking of motor
vehicles under one and one-half (11/2) tons' capacity may be
unenclosed, except for such screening of parking and loading
facilities as may be required under the provisions of Chapter 11 of
this Title. (Ord. 1973-56A, 3-28-74)
10-88-3: 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 M-1 District.
Railroad repair shops, maintenance buildings and switching yards.
Stone and gravel quarries and crushing, grading, washing and loading
equipment and structures, provided the land is redeveloped by the owner in
accordance with a plan of redevelopment approved with the granting of the
special use permit and is accompanied by a bond in the amount of the
estimated cost of redevelopment. (Ord. 1973-56A, 3-28-74)
10-88-4: YARD AREAS: All yard areas shall be the same as required
in the M-1 Limited Manufacturing District. (Ord. 1973-56A,
3-28-74)
10-88-5: 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)
City of Yorkville
10-8B-6
10-8B-7
10-813-6: FLOOR AREA RATIO: Not more than 0.85. (Ord. 1973-56A,
3-28-74)
10-813-7: SIGNS: The use of signs in this District shall be subject to the
same regulations as set forth in Section 10-12-3 of this Title.
(Ord. 1973-56A, 3-28-74; 1994 Code)
City of Yorkville
FUTU ESQ
`r ¢ ,DEVELOPMENT
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1. PLAN SHOWS CONCEPTUAL FACILITY PLAN IN ADDITION TO THE
CONCEPTUAL SITE LANDSCAPE PLAN.
2. THE EQUIPMENT SHOWN IS CONCEPTUAL IN NATURE AND SUBJECT TO CHANGE.
AT
3. INTERIOR BOUNDARIES OF PHASE I, FUTURE PHASES AND ELECTRICAL
�y� / Fjr00rgj SWITCHYARD ARE SUBJECT TO CHANGE.
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GRAPHIC SCALE
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l� L,+ AT P L 1�:T 1�,I cJ RUETTIGER, TONELLI do ASSOCIATES. INC. 3-24-OG
Kt•M•II fi•r C•npeT 0.r.iopn•nt,LLC.
- - -- -- - - - - - CONCEPTUAL FACILITIES PLAN
P.O.Bmt 17Y9 1V. 1\ r 1`. �. '1 �� E � 1� }:. V. sn•am•me3r am fnm we,wiox afar fun[m
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'� ' • EVELOPMENT ARE A
S
PLANT LIST
SYM. SCIENTIFIC NAME COMMON NAME NUMBER SIZE
,^ KCUIM�FDKE ; ~�• \ • , � , � .< Piceo pungens Colorado Spruce 215 6'-10' HT
j" t Vic; '7 Syr Plnus nigra Austrian Pine 80 6'-10' HT
t ,3x r x�` I• `� .�{ , ' % ® Acer x freemonii Autumn Blaze 41 8'-12' HT
Autumn Blaze' Freeman Mople
S * = " + —_"~ ' ' ,t 1$ s, �r Gc / Froxinus Pennsylvania Marshall Seedless 3q 8'-12' HT
' ��, '� • • •/ ;' �` L j �' Marshall' Green Ash CLUMP
Rhus oromatica Fragrant Sumac 120 30' SPRD.
__.��� I� �`,..� 'Y'•t p{ -. \ r ����' l •—`'~` , Y �f� fie'' /
d4 �
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LEGEND
I r �;,ggi f • ECTRIPAL SWITCHYARD R: SYMBOL DESCRIPTION
N a n
•-PHA E I \ C __656-- Existing Contours
DEVE OP E T AREA - •-� _----------
• r Y ,�� \ Proposed Contours
6613
', � �r• -�'; GENERAL NOTES
I ; i 1. PLAN SHOWS CONCEPTUAL FACILITY PLAN IN ADDITION TO THE
II r • /� Z" .} / CONCEPTUAL SITE LANDSCAPE PLAN.
i u ^ �1 = 2. THE EQUIPMENT SHOWN IS CONCEPTUAL IN NATURE AND SUBJECT TO CHANGE.
a �a {tom / • ! . ///l./// x`
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ROAD
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CORNEILS 40 9
DATE:
3-2a—oo
-1 GREAT 7 i A � N C RUETTIGER, TONEW d ASSOCIATES, INC.
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• S ADMINISTRATION AND CONTROL
ROOM BUILDING
IN- � rr &SECURITY FENCE {
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i
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LANDSCAPED BERM
(12'-14' HT) " '.r ' DETENTION POND ~ } rr
SITE FACILITY
SECTION AA
DECIDUOUS SHADE TREES
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\ Y`�'::Y T �.��Y �y �l •1;.. Y ...�'rY - ) Y.id � :..1 � y.. ,id p(„•A(j. _ �p,.,, -F ��.
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DENSE EVERGREEN SCREEN.
FIELD OF VISION
• d.d�
EXISTING
TELEPHONE POLE `<
, .
` • &SECURITY FENCE
ld I
Vol— 7
+ PLANT .
CORNEILS ROAD LANDSCAPED BERM (12'-14' ht.) SWALE ROAD SITE FACILITY
f-7 RIGHT-OF-WAY GRAPHIC SCALE
30 0 15 30 60
SECTION BB
• • ( IN FEET )
1 inch = 30 ft.
DATE:
(''��j 3-24-00
�9G GREAT PLAINS *_ SITE ELEVATIONS RUEE�TIIGER, TON do ASSOC s INC
KwtlYshn
P.Q.a e lls LLC.
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ws M.1>•�sess rn(su)s.�agr ew.(ax)uo-no swt mm dao-na
130
120
110
100
90
s0
70
50
- - - - - - - — - - -- - - - - - - - - - s0
40
_ 30
bkL ' 20
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I •
0
Electric Transmission Silo Generation Equipment--- —� —Barn— Shade Tree
Tower T
( gCbffW F*v& EdbMTowem (Great Plains Energy Center)
an Adiweit sbW
NOTE: EQUIPMENT SHOWN IS CONCEPTUAL
IN NATURE AND SUBJECT TO CHANGE.
DATE:
3-24-00
GREAT PLAINS CONCEPTUAL HEIGHT RELATIONSHIPS IRZETTIGER, TONELLI tc ASSOCIATES,IINC.I� N E R C Y C- L' N T L fi HI T-11 O tom T.•tiwo rn(pe)aw-o�a M.(al%uo-n�0 I.0(u%
PLAT OF ANNEXATION LEGAL DESCRIPTION
20.46' co%. TO TIE ZINIM0 CITY THE EAST 1790.70 FEET .OF THAT PART OF THE
7 (31 /inks) OF YO/T/1 'MUE SOUTHWEST QUARTER OF SECTION 7,
1 7 center of TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
12 Section 7-37-7 THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
found railroad spike 7 7 BEGINNING AT THE SOUTHWEST CORNER OF
E. 114 car. Section 12-37-6 7 7 SAID QUARTER; THENCE EAST ALONG THE
SOUTH LINE OF SAID QUARTER TO THE
SOUTHEAST CORNER OF SAID QUARTER;
N. line, S.W. 114 THENCE NORTH ALONG THE EAST LINE OF SAID
Section 7-37-7 QUARTER 25.80 CHAINS; THENCE WEST ON A
N. line LINE PARALLEL TO THE SOUTH LINE OF SA.D
doc. no. 9601945 QUARTER TO THE WEST LINE OF SAID QUARTER;
THENCE SOUTH ALONG THE WEST LINE OF SAID
south line QUARTER 25.80 CHAINS TO THE SOUTHWEST
document no. 201074 CORNER OF SAID QUARTER AND THE PLACE OF
BEGINNING, AND ALSO THAT PART OF CORNELIS
3121.65' calc. ROAD LYING SOUTH OF AND CONTIGUOUS TO
................
........ ................................................................
SAID EAST 1790.70 FEET,IN THE TOWNSHIP OF
.................................. 1791.40' calc. .................................
............................. �
BRISTOL, KENDALL COUNTY, ILLINOIS, AND
LITTLE ROCK � CONTAINING 70.00 ACRES MORE OR LESS.
T O W NS HI P W An E. 1790.70; S.W 114
Q
Section 7-37-7
6 N 0 6
E C
W. line, S.W. 114 l
COSection 7-37-7 coo
3 ~
o0 a VACA- NT � o ?
BRISTOL 70.00 ACRES '-
MORE OR LESS
TOWNSHIP
vzo
S.W. cor. Section 7-37-7 7 7 doc. no. 77-2871 S. line, S.W. 114
section 7-37-7 U8 19
• •• 1791.40'
co .......—
""""•••••••• • N90100'00"E
S. /ine Com61/is Rood ......"
point of beginning""""•••••••••••••••••• """'�����•� S. 114 c•or Section 7-37-7
3120.75 .......................
STATE OF IWNOIS D uA• �.
COUNTY Of TN}i0E SURVEYED PARCEL IS NOT CONTIGUOUS TO THE UNI �•••• ' / `: ALL
SS RUETTIGER, TONEI. .I & ASSOCIATES, INC.
CITY OF YORKVILLE. Q:PRl'iFEEiCk �c RUETnGER, TONEW do ASSOCIATES, INC. AN IWNaS PROFESSIONAL LAND Land Surveyors/EngineE�rs/Planners/Landscape Architects/C.LS. Consultants
SURVEYOR CORPORATION, HEREBY CERTIFIES THAT THIS PLAT WAS PREPARED
LAH0 UNDER ITS DIRECTION, AND BASED ON EXISTING SURVEY INFORMATION, AND 2174 ONEIDA STREET 2603 SOUTH WASHINGTON STREET SUITE 170
SI? VEYO1i THAT THE PLAT IS A TRUE AND ACCURATE REPRESENTATION OF THE ANNEXED JOLIET, ILLINOIS 60435 NAPERVILLE, IWNOIS 60565
$ PH. 815 744-6600 FAX 815 744-0101 PH. 630 420-7740 FAX 630 420-7741
STATE OF LEGAL DESCRIPTION.
1LLIN-Olq DATE DRAWN BY FIELD BOOK
GIVEN UNDER THE CORPORATE SEAL THIS 26th DAY OF JULY 2000. 7-26-00 1" = 400' RMW
"IY DISCREPANCY IN MEASUREMENT DISCOVERED UPON THE GROUND �f � �``� ����� ' /' LEGEND DRAWING No.
xJLD BE PROMPTLY REPORTED TO THE SURVEYOR FOR EXPLANATION pN�n1n1+ :.i:� . KENDALL NEW CENTURY DEVELOPMENT L.L.C. mea. = MEASURED
..R CORRECTION.
rec. = RECORDED
BY P.O. BOX 1188 co1c. = CALCULATED 199-0214A
FOR BUILDING LINE AND OTHER RESTRICTIONS NOT SHOWN HEREON REFER IWNOIS PROFESSIONAL LAND SURVEYOR (my UCENSE OPIRES 11-30-2000) HOUSTON, TEXAS 77251 O SET 5/8- REBAR UNLESS
TO YOUR ABSTRACT, DEED, CONTRACTS AND ZONING ORDINANCES. OTHERWISE NOTED
Y MONUMENT