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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: 2 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 East Hclf of the Nar/heosl Oucrter of Section 17-37-7 b � a, o Roilroa Northern = 200' y 13or1in9ton N73o47� 9��E n In a ° I ` m 582°2725 W Cb W O V o N i \ O J CA_ tD o Ib I lT � v 3 Trait A 0' w N82°45 2 E �I 273.82' 0 0- V �w r N O -N82 4444 45 E 434.84' I Cannon Trai boll 7i(l ry' I c 8�o F=3477.87' Ricpard Esfdes 2 .04' Prepared by: James M. Olson Associates, Ltd. 107 West Madison Street Yorkville, Illinois 60560 November 17, 1998 I Plat of Dedication of Norlh corner o!the Eosl Part of the Northwest Quarter of Section 21-37-7 holf Ha/!of the Norlheosl C—ter of Section 17-37-7 Bristol Township Kendall County Illinois Railroa N Northern Ulin9t n gr ° N II E o I — 1185.21 1 m_ I 582°27 75 N = /CGS j of _ v o m � � O I �3 g e E7.3.62 az' cp i ,v82°4F�C0/�E =�� � _I N w i w o_ I Z 0. 137 Acres I o � a.3477 a7 28.04 —L_� e— Line' y C — — � 354.3B�� 2'4445 E .134.84' TrGi� I Prepared by: pnnonbali James M. Olson Associates, Ltd. E I 1 107 West Madison Street Yorkville, Illinois 60560