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Ordinance 2000-52 ' -i 1 ed f c�r�Rec urd in 5 hij fj1_t_ 1")IjN fY, ILLINOIS 'AUL PNDE RS'ON 011 i0 -0r-;_000 fat 03:36 pm. ORDINf',ND 18.00 August 9, 2000 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2000- S� AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF ROBERT C. KONICEK _ 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 subj ect 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 5111-15.1-1,as amended,for the execution of said Annexation Agreement has been fully complied with; and WHEREAS, the property is contiguous to the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF -1- THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation 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. DAVE DOCKSTADER 14 RICHARD STICKA MIKE ANDERSON VALERIE BURD ROSE SPEARS LARRY KOT THOMAS SOWINSKI APPROVED by me,as Mayor of the United City of Yorkville,Kendall Co y,Illinois,this Aay of , A.D. 20bj�_. MAYOR PASSED by th Ci Council of the United City of Yorkville,Kendall County,Illinois this -2 of , A.D. 200A . Y Attest: ✓►v✓n G7s _ CITY CLERK Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -2- Exhibit"A" LEGAL DESCRIPTION That part of the Fractional Southwest Quarter of Section 7, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Southwest Corner of said Southwest Quarter; thence East, along the South Line of said Southwest Quarter, 3118.50 feet to the Southeast Corner of said Southwest Quarter; thence North, along the East Line of said Southwest Quarter, 1702.80 feet; thence West, parallel with said South Line, 3119.82 feet to the West Line of said Southwest Quarter; thence South, along said West Line, 1702.80 feet to the point of beginning (except the East 1790.70 feet thereof) in Bristol Township, Kendall County, Illinois and containing 51.9 acres, more or less. r :'00000013344 sled for Record in 'NOALL C1JUNfY, ILLINOIS PAUL AND[ RMiN Un 10 -02 -2000 At 03:36 pm. Revised September 5, 2000 ANNEX AGREE 34.00 STATE OF ILLINOIS ) COUNTY OF KENDALL ) ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE of ROBERT C. KONICEK THIS AGREEMENT is made and entered into this�6ay 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 Bristol Township, Kendall County, Illinois (hereinafter referred to as "OWNER"); (Tax Parcel I.D. #02-07-300-003). WITNESSETH WHEREAS, Owner is the owner of approximately fifty-one (5 1) acres of real property which lies North of and within the one and one-half(1 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", which is incorporated herein by reference and depicted on the Plat of Annexation which is attached hereto as Exhibit`B"; and which is not located within the corporate boundaries of any other municipality; and WHEREAS, Owner desires to annex the said real property described into the City, its 1 Plan commission has considered the Petition to Annex, and the City Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of Owner and the City; and WHEREAS, Owner has presented, and the City has considered, the tract of real property herein described in the attached Exhibit"A" as M-1 Limited Manufacturing District in order to make said real property a desirable addition to the City; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be annexed to the City in an orderly manner, and WHEREAS, Owner and its representatives have discussed the proposed annexation and have had public meetings with the Plan Commission and the City Council, and prior to the execution hereof,notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 51.1-5, inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subject 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. 2 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 5/11- 15.1-1 through 65 ILCS 5/11-15.1-5, as amended, as follows: 1. A. ANNEXATION AND ZONIN G. The City shall adopt an ordinance annexing to the City all of the real property described herein in the attached Exhibit"A"; and the City in said ordinance shall zone the real property designated in the attached Exhibit"A" subject to the further terms of this Agreement as M-1 Limited Manufacturing District. Said zoning shall allow the uses, size, density, area, coverage, and maximum building heights as set forth on Exhibit"C" for M-1 Limited Manufacturing District. Said real property shall be used and developed in accordance with 65 ILCS 5/11-15.1 through 65/ILCS 5/11-15.1-5, and in accordance with the City Subdivision Control and Zoning Ordinances. B. The Owner, and successors, heirs, and assigns hereby agree that prior to issuance of a building permit on the subject parcel, a site development plan shall be submitted and approved by the City Council of the United City of Yorkville 2. CITY'S AGREEMENTS. A. The City agrees that due to the nature of the non-residential use and zoning classification of said parcel, Owner has no obligation to pay School Transition Fees or Land-Cash Fees. B. In the event, at a later date Owner seeks to modify the existing zoning to a Residential Class Zoning, Owner agrees that School Transition fees to the Yorkville School District shall be paid per residential dwelling unit in said subdivision as required by City 3 Ordinance at the time of a residential zoning class being granted and 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 Ordinance 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 waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. No School Transition fees, or School-Park Land Cash Fees shall be charged on any real property zoned for business, office, or manufacturing purposes under the terms of this Agreement. C. Owner shall be allowed one free Sanitary Sewer Tap to the City Sanitary Sewer Mains (up to 6" when available); and one free Water Main Tap to the City of Yorkville Water mains (up to 2" when available), and a meter therefore as to the real property described in the attached Exhibit"A". Nothing contained herein shall waive any Recorded Recapture Agreement payments which may be required to be paid upon hooking up to City Water and Sanitary Sewer Main and which appear of Record if any are applicable as to the subject property being within any Recapture Service Area; or any fees charged by other governmental agencies. D. THE UNITED CITY OF YORKVILLE agrees to rebate to the Owner within 30 days of the presentation of the paid Real Estate Tax Bill to the City Treasurer, the City's portion for the City and Library Real Estate Taxes as to the subject parcel. This will take 4 place and be paid by the City until the property is developed, by reason of a building permit being issued, upon a Final Plat of Subdivision being recorded for any portion of the subject real property, or for three (3) years after sewer and water service becomes available within 250' of the subject property, whichever occurs first. E. Owner shall not be required by THE UNITED CITY OF YORKVILLE 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 its desire to obtain those services, when available to the subject property. F. In the event City water and sewer are unavailable at the time Owner desires to develop the subject property, the City will give consideration to a request for a variance from its subdivision Control Ordinance for use of temporary private well and septic systems. In determining the applicability of such a variance for the subject parcel, the City shall consider soil types, density, intended use of the development, and proximity of the subject parcel for extension of sanitary sewer and water mains, as well as capacity of those municipal and sanitary district systems. In the event the City grants development without sewer and water, the Owner agrees to hook on when it becomes available within 250 feet of the subject property. G. The City agrees that if the subject property is developed for Business, Manufacturing or Office Zoning classifications and the developer front funds the extension of offsite water and/or sanitary sewer extensions, developer will receive a rebate of water and sewer connection fees; which shall be recovered as a credit of up to 50 percent of the sales tax generated on the subject property on an annual unit basis until the cost of off-site extension is recovered in full. On-site extension costs are at Owner or Developer's expense. 5 H. Upon annexation, the Owner will receive police protection, 911 service and library service as provided by City. I. The City will not require the Owner to annex to Yorkville Bristol Sanitary District or other applicable sanitary district, until platting or application for a building permit seeking to hook up to the City sewer system is sought by Owner. Property owner agrees to cooperate with other entities to formulate a separate agreement to allow for contiguity of other properties to a Sanitary District if requested. J. The UNITED CITY OF YORKVILLE will provide, through its Engineer or Planner, an initial concept plan of land use in conformance with the City's Comprehensive Plan, if so desired,to the property owner. 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 subject 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. L. City agrees to allow the Owner to burn brush, trees, shrubs, fence line and stubble burn-offs and the like as long as the property is being used for agricultural purposes. 3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that Owner and its successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the subject property and the improvements thereon to other persons,trusts,partnerships, firms, or corporations, for investment,building, financing, developing and all such purposes, and that said persons, trusts, partnerships, firms, or 6 corporations shall be entitled to the same rights and privileges and shall have the same obligations as Owner under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by Owner on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the City. 4. TIME OF THE ESSENCE, It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable effort, including the calling of special meetings, to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 5. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the city, its corporate authorities and their successors in office, and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. 6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and owners of record of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said city, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the City. 7 7. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the City: City Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: Daniel J. Kramer, City Attorney 1107A S. Bridge Street Yorkville, IL 60560 To Owner: Robert C. Konicek 1726 Eldamain Rd. Plano, IL 60545 or to such other addresses as any party may from time to time designate in a written notice to the other parties. 8. ENFORCE ABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by Any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. 9. ENACTMENT OF ORDINANCES. The City agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. 8 IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this_ c �dhy of 000. UNITED CITY OF YORKVILLE Kendall County, Illinois Yom. 1 - it By: Arthur F. Prochaska, Jr., Mayor J Attest: /0 h9tct City Clerk 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 9 EXHIBIT LIST Exhibit"A" - Legal description Exhibit"B" - Annexation Plat Exhibit"C" - M-1 Limited Manufacturing District zoning ordinance 10 Exhibit "A" LEGAL DESCRIPTION That part of the Fractional Southwest Quarter of Section 7, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Southwest Corner of said Southwest Quarter; thence East, along the South Line of said Southwest Quarter, 3118.50 feet to the Southeast Corner of said Southwest Quarter; thence North, along the East Line of said Southwest Quarter, 1702.80 feet; thence West,parallel with said South Line, 3119.82 feet to the West Line of said Southwest Quarter; thence South, along said West Line, 1702.80 feet to the point of beginning(except the East 1790.70 feet thereof) in Bristol Township, Kendall County, Illinois and containing 51.9 acres,more or less. 10-8A-1 10-8A-1 CHAPTER 8 MANUFACTURING DISTRICTS ARTICLE A. M-1 LIMITED MANUFACTURING DISTRICT SECTION: 10-8A-1: Uses Permitted 10-8A-2: Conditions of Permitted Use 10-8A-3: Special Uses 10-8A-4: Yard Areas 10-8A-5: Lot Coverage 10-8A-6: Floor Area Ratio 10-8A-1: USES PERMITTED: The following uses are permitted: A. Production, processing, cleaning, testing or repair, limited to the following uses and products: Advertising displays. Apparel and other products manufactured from textiles. Art needlework and hand weaving. Automobile painting, upholstering, repairing, reconditioning and body and fender repairing, when done within the confines of a structure. Awnings, Venetian blinds. Bakeries. Beverages - nonalcoholic. Books - hand binding and tooling. Bottling works. City of Yorkville 10-8A-1 10-8A-1 Brushes and brooms. Building equipment, building materials, lumber, coal, sand and gravel yards, and yards for contracting equipment of public agencies, or public utilities, or materials or equipment of similar nature. Cameras and other photographic equipment and supplies. Canning and preserving. Canvas and canvas products. Carpet and rug cleaning. Ceramic products - such as pottery and small glazed tile. Cleaning and dyeing establishments when employing facilities for handling more than one thousand five hundred (1,500) pounds of drygoods per day. Clothing. Cosmetics and toiletries. Creameries and dairies. Dentures. Drugs. Electrical appliances, such as lighting fixtures, irons, fans, toasters and electric toys. Electrical equipment assembly, such as home radio and television receivers and home movie equipment, but not including electrical machinery. Electrical supplies, manufacturing and assembly of such wire and cable assembly switches, lamps, insulation and dry cell batteries. Food products, processing and combining of (except meat and fish) - baking, boiling, canning, cooking, dehydrating, freezing, frying, grinding, mixing and pressing. Fur goods, not including tanning and dyeing. City of Yorkville 10-8A-1 10-8A-1 Glass products from previously manufactured glass. Hair, felt and feather products (except washing, curing and dyeing). Hat bodies of fur and wool felt. Hosiery. House trailers, manufacture. Ice, natural. Ink mixing and packaging and inked ribbons. Jewelry. Laboratories - medical, dental, research, experimental, and testing - provided there is no danger from fire or explosion nor offensive noise, vibration, smoke, dust, odors, heat, glare or other objectionable influences. Laundries. Leather products, including shoes and machine belting, but not including tanning and dyeing. Luggage. Machine shops for tool, die and pattern making. Metal finishing, plating, grinding, sharpening, polishing, cleaning, rustproofing and heat treatment. Metal stamping and extrusion of small products, such as costume jewelry, pins and needles, razor blades, bottle caps, buttons and kitchen utensils. Musical instruments. Orthopedic and medical appliances, such as artificial limbs, braces, supports and stretchers. Paper products, small, such as envelopes and stationery, bags, boxes, tubes and wallpaper printing. City of Yorkville 10-8A-1 10-8A-1 Perfumes and cosmetics. Pharmaceutical products. Plastic products, but not including the manufacturing of the raw materials. Precision instruments - such as optical, medical and drafting. Printing and newspaper publishing, including engraving, photo-engraving. Products from finished materials - plastic, bone, cork, feathers, felt, fiber, copper, fur, glass, hair, horn, leather, precious and semi-precious stones, rubber, shell or yarn. Public utility electric substations and distribution centers, gas regulations centers and underground gas holder stations. Repair of household or office machinery or equipment. Rubber products, small, and synthetic treated fabrics (excluding all rubber and synthetic processing), such as washers, gloves, footwear, bathing caps and atomizers. Signs, as regulated by Chapter 12 of this Title. Silverware, plate and sterling. Soap and detergents, packaging only. Soldering and welding. Sporting and athletic equipment, such as balls, baskets, cues, gloves, bats, racquets and rods. Statuary, mannequins, figurines and religious and church art goods, excluding foundry operations. Storage and sale of trailers, farm implements and other similar equipment on an open lot. Storage of flammable liquids, fats or oil in tanks each of fifteen thousand (15,000) gallons or less capacity, but only after the City of Yorkville 10-8A-1 10-8A-1 locations and protective measures have been approved by local governing officials. Storage of household goods. Textiles - spinning, weaving, manufacturing, dyeing, printing, knit goods, yarn, thread and cordage, but not including textile bleaching. Tool and die shops. Tools and hardware, such as bolts, nuts and screws, doorknobs, drills, handtools and cutlery, hinges, house hardware, locks, nonferrous metal castings and plumbing appliances. Toys. Truck, truck tractor, truck trailer, car trailer or bus storage yard, when all equipment is in operable condition, but not including a truck or motor freight terminal, which are treated under Section 10-8-1 of this Title. Umbrellas. Upholstering (bulk), including mattress manufacturing, rebuilding and renovating. Vehicles, children's; such as bicycles, scooters, wagons and baby carriages. Watches. Wood products, such as furniture, boxes, crates, baskets and pencils and cooperage works. Any other manufacturing establishment that can be operated in compliance with the performance standards of Section 10-8-1 of this Title without creating objectionable noise, odor, dust, smoke, gas, fumes or vapor; and that is a use compatible with the use and occupancy of adjoining properties. B. Wholesaling and warehousing: Local cartage express facilities (but not including motor freight terminals). City of Yorkville 10-8A-1 10-8A-1 C. Public and community service uses as follows: Bus terminals, bus garages, bus lots, street railway terminals or streetcar houses. Electric substations. Fire stations. Municipal or privately owned recreation buildings or community centers. Parks and recreation areas. Police stations. Sewage treatment plants. Telephone exchanges. Water filtration plants. Water pumping stations. Water reservoirs. D. Residential uses as follows: Dwelling units for watchmen and their families when located on the premises where they are employed in such capacity. E. Miscellaneous uses as follows: Accessory uses. Radio and television towers. Temporary buildings for construction purposes for a period not to exceed the duration of such construction. F. Off-street parking and loading as permitted or required in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-74) City of Yorkville 10-8A-2 10-8A-3 10-8A-2: CONDITIONS OF PERMITTED USES: All permitted uses are subject to the following conditions: A. Any production, processing, cleaning, servicing, testing, repair or storage of goods, materials or products shall conform with the performance standards set forth in Section 10-8-1 of this Title. B. All business, production, servicing and processing shall take place within completely enclosed buildings unless otherwise specified. Within one hundred fifty feet (150') of a residence district, all storage shall be in completely enclosed buildings or structures, and storage located elsewhere in this District may be open to the sky but shall be enclosed by solid walls or fences (including solid doors or gates thereto) at least eight feet (8') high, but in no case lower in height than the enclosed storage and suitably landscaped. However, open off-street loading facilities and open off-street parking of motor vehicles under one and one-half (1'/2) tons' capacity may be unenclosed throughout the District, except for such screening of parking and loading facilities as may be required under the provisions of Chapter 11 of this Title. C. Uses established on the effective date hereof and by its provisions are rendered nonconforming, shall be permitted to continue subject to the regulations of Chapter 10 of this Title. D. Uses established after the effective date hereof shall conform fully to the performance standards set forth in Section 10-8-1 of this Title. (Ord. 1956-A, 3-28-74) 10-8A-3: SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of Section 10-14-6 of this Title: Any use which may be allowed as a special use in the B-3 Business District. Any use permitted in the M-2 General Manufacturing District. Airport or aircraft landing fields. Meat products. Motor freight terminals. City of Yorkville 'y 10-8A-3 10-8A-6 Planned developments, industrial. Sanitary landfill. Stadiums, auditoriums and arenas. (Ord. 1973-56A, 3-28-74; 1994 Code) 10-8A-4: YARD AREAS: No building or structure shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with such building: A. Front Yard: On every zoning lot, a front yard of not less than twenty five feet (25') in depth shall be provided. However, where lots within the same block and comprising forty percent (40%) of the frontage on the same street are already developed on the effective date hereof with front yards with an average depth of less than twenty five feet (25'), then such average depth shall be the required front yard depth for such frontage in said block. B. Side Yards: On every zoning lot, a side yard shall be provided along each side lot line. Each side yard shall be not less in width than ten percent (10%) of the lot width, but need not exceed twenty feet (20') in width. (Ord. 1973-56A, 3-28-74) 10-8A-5: LOT COVERAGE: Not more than sixty percent (60%) of the area of a lot may be covered by buildings or structures, including accessory buildings. (Ord. 1973-56A, 3-28-74) 10-8A-6: FLOOR AREA RATIO: Not more than 0.8. 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