Ordinance 1999-07 STATE OF ILLINOIS ) February 22, 1999
) ss
COUNTY OF KENDALL )
ORDINANCE NO. 1999- `1
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
T & D METAL PRODUCTS (RT. 47)
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 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
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. AS FOLLOWS:
-1-
r,
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.
PASSED at a regular meeting of the City Council of the UNITED CITY OF THE VILLAGE
OF YORKVILLE on thea-�ay of ' 1999.
SIGNED and APPROVED by me, as Mayor, this day of , 1999.
ATTEST:
CITY CLERK
c1A;.)
MAY
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
-2-
EXHIBIT "A"
LEGAL DESCRIPTION
The South 550.0 feet, as measured along the east line, of that part of the Southwest Quarter of
Section 16,part of the Southeast Quarter of Section 17, part of the Northeast Quarter of Section 20
and part of the Northwest Quarter of Section 21, Township 37 North, Range 7 East of the Third
Principal Meridian described as follows: Commencing at the Northwest corner of the East Half of
the Southeast Quarter of said Section 17; thence southerly along the West line of said East Half
1004.63 feet to the southerly right-of-way of the Burlington Northern Railroad; thence North
73'47'00" East along said southerly right-of-way 322.21 feet to the westerly line of"Richards
Blackberry Estates"extended northwesterly; thence South 29°48'00" East along said extended line
1351.48 feet for a point of beginning; thence South 29°48'00" East along said extended line 1255.85
feet;thence North 82°45'00"East,273.82 feet;thence South 07°31'00"East 335.52 feet to the center
line of Cannonball Trail; thence North 82°44'45" East along said center line 434.84 feet to the
westerly line of Illinois State Route No. 47; thence northerly along said westerly line of Route 47
being a non-tangential curve to the right with a radius of 3477.87 feet and a radial bearing of North
82°02'22" East from the last described point, a distance of 28.04 feet; thence North 07°29'55" West
along said westerly line of Route 47 a distance of 1473.55 feet to a line drawn North 82'27'25" East
from the point of beginning; thence South 82°27'25" West, 1185.21 feet to the point of beginning
in Bristol Township, Kendall County, Illinois.
STATE OF ILLINOIS ) February 18, 1999
Revised February 19, 1999
COUNTY OF KENDALL )
ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE
T & D METAL PRODUCTS (RT. 47)
THIS AGREEMENT is made and entered into this day of , 1999 by
and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal
corporation, located in Kendall County, Illinois (hereinafter referred to as "City"), and T& D
METAL PRODUCTS, of Bristol Township, Kendall County, Illinois (hereinafter referred to as
"Owner").
WITNESSETH
WHEREAS, Owner is the owner of land which lies both north and south of and
contiguous to the existing corporate limits of the City, which said land is more particularly
described in the attached Exhibit"A",which is incorporated herein by reference and;
WHEREAS, Owner desires to annex the said real property described into the City, its
Plan commission has considered the Petition, 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" for B-3 Service Business District in order to make
1
said real estate 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.
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 5111-15.1-5, 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"A"; and the
City in said ordinance shall zone the real property designated in the attached Exhibit"A"subject
to the further terms of this Agreement as B-3 Service Business District.
Said zoning shall allow the uses, size, density, area, coverage, and maximum
building heights as set forth on Exhibit`B"for B-3 Service Business District. Said real property
shall be used and developed in accordance with 65 ILCS 5111-15.1 through 65/ILCS 5/11-15.1-
5, and in accordance with the City Subdivision Control and Zoning Ordinances.
B. The Owner/Developer, and its 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 conforming to the
following standards:
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1. Only one access cut shall be allowed from the subject site onto
Cannonball Trail. Said access may consist of the existing drive, or said drive may be relocated;
but no closer than 200 West of the intersection with State Route 47.
2. A 30 foot setback shall be maintained on the entire South and West
boundaries of the subject site as a transition buffer with adjoining residential uses.
3. Said transitional buffer/setback area shall be improved with
landscaping, berming, or financing with an opacity factor of at least 50% at the time of
development.
4. Nothing contained herein shall obligate Owner to install screening,
buffering, or landscaping, unless development of the subject site takes place.
2. CITY'S AGREEMENTS.
A. The City agrees that due to the nature of the use and zoning for said
parcel, Owner has no obligation to pay School Transition Fees or Land-Cash Fees.
B. Owner shall be allowed one free Sanitary Sewer Tap to the City of
Yorkville; and one free Water Main Tap-on up to 1" and meter therefore to THE UNITED CITY
OF YORKVILLE as to the real property described in the attached Exhibit"A". Nothing
contained herein shall waive recapture which is required to be paid upon hooking up to City
Water and Sanitary Sewer Main as a condition of the State and County Grants and Loans on the
North City Sewer and Water Interception project.
C. 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 of Real Estate Taxes for the next four consecutive Real Estate Tax Bills Owner
3
receives for the subject real property after annexation.
To secure said rebate Owner shall forward a copy of each Real Estate Tax
Bill to the City Treasurer upon receipt; and shall receive payment of the City portion of the Real
Estate Taxes within 30 days of the receipt of the bill by THE UNITED CITY OF YORKVIILLE.
D. The City warrants that it has sufficient water and sanitary sewer capacity
to accommodate the needs of Owner. Owner shall not be required by THE UNITED CITY OF
YORKVILLE to hook-on to the City water or Sanitary Sewer System as a result of entering into
this Annexation Agreement,but may do upon its desire to obtain those services.
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
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
4
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. 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
111 W. Fox Street, 3"Floor
Yorkville, IL 60560
With a copy to: Daniel J. Kramer, City Attorney
1107A S. Bridge Street
Yorkville, IL 60560
If to Owner: T &D Metal Products
P.O. Box 405
Watseka, IL 60970
5
Owner's Attorney: Pat Kinnally
P.O. Box 5030
Aurora, IL 60507
or to such other addresses as any party way 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.
I J IN WITNESS WHEREOF,the undersigned have hereunto set their hands and seals this_
ay of 51999.
UNITED CITY OF YORKVILLE
Kendall Co , I inois
By:
Robert Johns o ayor
Attest:
City Clerk
6
OWNER:
T&D METAL PRODUCTS
By:
Attest:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
7
EXHIBIT LIST
A. Legal Description for Parcel of existing building of Remline to be zoned B-3 Service
Business District
B. THE UNITED CITY OF YORKVILLE B-3 Zoning Ordinance
EXHIBIT "A"
LEGAL DESCRIPTION
The South 550.0 feet, as measured along the east line, of that part of the Southwest Quarter of
Section 16,part of the Southeast Quarter of Section 17, part of the Northeast Quarter of Section 20
and part of the Northwest Quarter of Section 21, Township 37 North, Range 7 East of the Third
Principal Meridian described as follows: Commencing at the Northwest corner of the East Half of
the Southeast Quarter of said Section 17; thence southerly along the West line of said East Half
1004.63 feet to the southerly right-of-way of the Burlington Northern Railroad; thence North
73'47'00" East along said southerly right-of-way 322.21 feet to the westerly line of"Richards
Blackberry Estates"extended northwesterly; thence South 29°48'00" East along said extended line
1351.48 feet for a point of beginning;thence South 29°48'00"East along said extended line 1255.85
feet;thence North 82°45'00"East,273.82 feet;thence South 07°31'00"East 335.52 feet to the center
line of Cannonball Trail; thence North 82'44'45" East along said center line 434.84 feet to the
westerly line of Illinois State Route No. 47; thence northerly along said westerly line of Route 47
being a non-tangential curve to the right with a radius of 3477.87 feet and a radial bearing of North
82'02'22" East from the last described point, a distance of 28.04 feet; thence North 07°29'55" West
along said westerly line of Route 47 a distance of 1473.55 feet to a line drawn North 82'27'25" East
from the point of beginning; thence South 82'27'25" West, 1185.21 feet to the point of beginning
in Bristol Township, Kendall County, Illinois.
10-7D-1
10-7D-1
CHAPTER 7 Exhibit "B"
BUSINESS DISTRICTS
ARTICLE D. B-3 SERVICE BUSINESS DISTRICT
SECTION:
10-7D-1: Permitted Uses
10-7D-2: Special Uses
10-7D-3: Lot Area
10-7D-4: Yard Areas
10-7D-5: Lot Coverage
10-7D-6: Maximum Building Height
10-7D-7: Off-Street Parking and Loading
10-7D-1: PERMITTED USES:
All uses permitted in the B-2 District.
Agricultural implement sales and service.
Appliance - service only.
Boat sales.
Building material sales.
Business machine repair.
Car wash without mechanical repair on the premises.
Catering service.
Drive-in restaurant.
Electrical equipment sales.
City of Yorkville
10-7D-1 10-7D-1
Feed and grain sales.
Frozen food locker.
Furniture repair and refinishing.
Golf driving range.
Greenhouse.
Kennel.
Mini warehouse storage.
Miniature golf.
Nursery.
Orchard.
Park - commercial recreation.
Plumbing supplies and fixture sales.
Pump sales.
Skating rink.
Sports arena.
Stadium.
Taxicab garage.
Tennis court - indoor.
Trailer rental.
Truck rental.
Upholstery shop.
Veterinary clinic. (Ord. 1973-56A, 3-28-74; amd. Ord. 1986-1, 1-9-86; Ord.
1988-7, 4-14-88)
City of Yorkville
10-7D-4
10-7D-7
required. A transitional yard shall be maintained only when the
adjoining residential district is zoned R-1 or R-2 Single-Family
Residential. (Ord. 1973-56A, 3-28-74; amd. Ord. 1987-1, 2-12-87)
10-7D-5: LOT COVERAGE: No more than fifty area of percent (50%) of the
structures, including accessory h 'buildings. (Ord. 1973-56A, 32buildings and
10-7D-6: MAXIMUM BUILDING HEIGHT: No building or structure
shall be erected or altered to exceed a maximum height of
twenty five feet (25') or two (2) stories. (Ord. 1973-56A, 3-28-74)
10-7D-7: OFF-STREET PARKING AND LOADING: All in accordance
with regulations set forth in Chapter 11 of this Title. (Ord.
1973-56A, 3-28-74)
City of Yorkville
10-7D-4
10-7D-2
10-713-2: SPECIAL USES:
All special uses permitted in the B-2 District.
Amusement park.
Boat launching ramp.
Boat rental and storage. (Ord. 1973-56A, 3-28-74)
10-7D-3: LOT AREA: No lot shall have an area less than ten thousand
(10,000) square feet. (Ord. 1986-1, 1-9-86)
10-7D-4: YARD AREAS: No building shall be erected or enlarged
unless the following yards are provided and maintained in
connection with such building, structure or enlargement:
A. Front Yard: A front yard of not less than fifty feet (50'). (Ord.
1973-56A, 3-28-74)
B. Side Yards:
1 . A minimum side yard shall be required between buildings within
the B-3 District of twenty feet (20') between a building constructed
thereon and the side lot line, except in any existing B-3 Zoning
District within the corporate boundaries where no minimum side yard
shall be required between buildings, except where a side yard
adjoins a street, wherein a minimum yard of not less than thirty feet
(30') shall be required.
2. The Zoning Board of Appeals may, upon application, grant a
variance to any petitioner seeking to vary the side yard requirements
in a B-3 District if the variance is sought for a parcel of real estate
that is sought to be developed as a planned unit development
because of the unique nature of the parcel or development sought
thereon. (Ord. 1986-1, 1-9-86; 1994 Code)
C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord.
1973-56A, 3-28-74)
D. Transitional Yards: Where a side or rear lot line coincides with a
residential district zone, a yard of not less thirty feet (30') shall be
City of Yorkville
JAMES M. OLSON ASSOCIATES, LTD.
Illinois Professional Land Surveyors
Land Surveyors & Land Planners
107 West Madison Street
Yorkville, Illinois 60560
Phone: 630-553-0050 Fax: 630-553-0964
February 25, 1999
Legal Description for
Dedication Strip of Cannonball Trail
The South 40.0 feet, as measured perpendicular to the center line of Cannonball
Trail, of that part of the Southwest Quarter of Section 16, part of the Southeast Quarter
of Section 17, part of the Northeast Quarter of Section 20 and part of the Northwest
Quarter of Section 21, Township 37 North, Range 7 East of the Third Principal Meridian
described as follows: Commencing at the Northwest corner of the East Half of the
Southeast Quarter of said Section 17, thence southerly along the West line of said East
Half 1004.63 feet to the southerly right-of-way of the Burlington Northern Railroad;
thence North 73°47'00"East along said southerly right-of-way 322.21 feet to the
westerly line of"Richards Blackberry Estates"extended northwesterly, thence South
29 048'00"East along said extended line 1351.48 feet for a point of beginning; thence
South 29 048'00"East along said extended line 1255.85 feet, thence North 82 045'00"
East, 273.82 feet; thence South 07°3100"East 335.52 feet to the center line of
Cannonball Trail; thence North 82 04445"East along said center line 434.84 feet to the
westerly line of Illinois State Route No. 47; thence northerly along said westerly line of
Route 47 being a non-tangential curve to the right with a radius of 3477.87 feet and a
radial bearing of North 82 002'22"East from the last described point, a distance of 28.04
feet; thence North 07 02955" West along said westerly line of Route 47 a distance of
1473.55 feet to a line drawn North 82 02725"East from the point of beginning; thence
South 82 02725" West, 1185.21 feet to the point of beginning excepting therefrom that
part thereof within the present right-of-way of Illinois State Route 47 in Bristol Township,
Kendall County, Illinois and containing 0.328 acres, of which 0.191 acres is currently
being used for road purposes.
Accurate M,. Property to be annexed to
The United City of Yorkville
Kendall County Illinois N
Part of the Southwest Quarter of Section 16-37-7
Nor/hwesl corner of the
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Prepared by:
James M. Olson Associates, Ltd.
107 West Madison Street
Yorkville, Illinois 60560
November 17, 1998
I Plat of Dedication of
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Prepared by: pnnonbali
James M. Olson Associates, Ltd. E I 1
107 West Madison Street
Yorkville, Illinois 60560