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Ordinance 1999-20 STATE OF ILLINOIS ) October 26, 1999 ss COUNTY OF KENDALL ) ORDINANCE NO. 1999- 4 AN ORDINANCE AUTHORIZING THE EXECUTION OF ANNEXATION AGREEMENT OF ALAN DALE FARMS & DEVELOPMENT CORPORATION, an ILLINOIS CORPORATION,DEVELOPER and JOHN EDWARDLIES, JR., DAVID R. FISHER, KENETH MICHAEL LIES,LINDA SUE LIES (PANILILIO),JEFFREY ALAN LIES,JARED JOHN CONOVER, STEPHEN R. FISHER, MICHAEL J. FISHER, JAMES CONOVER OWNER WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois,that a certain Annexation Agreement pertaining to the annexation and development of the real property described in Exhibit"A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready,willing and able to entered into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 5/11-15-1, as amended, for the execution of said Annexation Agreement has been fully complied with; and WHEREAS, the property is contiguous to the United City of Yorkville: -1- 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 property described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: that this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. PASSED at a regular meeting of the CCcil of the UNITED CITY OF THE VILLAGE OF YORKVILLE on the 9' da Y of , 1999. SIGNED and APPROVED by me, as Mayor this�ay of , ATTESTED: Oi-� c CITY CLERK (SEAL) MAYOR Law Offices of Daniel J. Kramer I I 07 South Bridge St. Yorkville, IL 60560 630-553-9500 -2- LEGAL DESCRIPTION Commencing at the Northwest corner of Oak Knolls Subdivision; thence North 22'13'29" East along the center line of Cut-Off Road, 746.59 feet (this point hereinafter referred to as point A); thence North 63'17'14" West, 441.97 feet; thence North 29'57'14" West, 65.90 feet; thence North 08'46'46" East, 138.82 feet for a point of beginning; thence North 82°38'28" West along a line which extended intersects the West line of the Southwest Quarter of said Section 20, 147.18 feet southerly of the Northwest corner of said Southwest Quarter, 773.17 feet to a point which is 1885.72 feet, as measured along said extended line, easterly of said West line; thence North 04°21'17" East, 1549.95 feet to the center line of Faxon Road; thence South 80°35'51" East along said center line, 1928.17 feet to the center line of Cut-Off Road; thence South 26'48'57" West along said Cut-Off Road center line, 1563.73 feet to a point which is 356.10 feet, as measured along said center line, northerly of point A aforesaid; thence North 83'07'22" West, 551.70 feet to the point of beginning in Bristol Township, Kendall County, Illinois, and containing 56.607 acres. Revised March 13, 2000 STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) ANNEXATION AGREEMENT ALAN DALE FARMS & DEVELOPMENT CORPORATION, (OWNER/DEVELOPER) This Annexation Agreement (hereinafter"Agreement"), is made and entered into this Q-9-41 day of J919, by and between the UNITED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as "CITY" and ALAN DALE FARMS & DEVELOPMENT CORPORATION,hereinafter referred to as "OWNER/DEVELOPER", WITNESSETH WHEREAS, OWNER/DEVELOPER own fee simple interest to the real property which is legally described in Exhibit"A"attached hereto,consisting of approximately 56.607 acres,more or less (hereinafter"PROPERTY"); and WHEREAS,it is the desire of OWNER/DEVELOPER to provide for the annexation of the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time as R-2 Single Family Residence District; and WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER/DEVELOPER and CITY has or will perform and execute all acts required by law to effectuate such annexation; and WHEREAS,it is the intent of OWNER/DEVELOPER to design a stormwater management system for the subject PROPERTY that is in conformance with City Ordinances; and -1- WHEREAS,all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation all as required by the provisions of the CITY'S Ordinances and Illinois Compiled Statutes; and WHEREAS,the OWNER/DEVELOPER and CITY agree that upon Annexation to the CITY the subj ect PROPERTY shall be placed in a R-2 Single Family Residence District as set forth in the Annexation Plat attached hereto and incorporated herein by reference as Exhibit`B"; and shall be in substantial compliance with Preliminary Plat dated October 1, 1999 and revised October 5, 1999 which is attached hereto and incorporated herein as Exhibit"C'; and WHEREAS,in reliance upon the development of the PROPERTY in the manner proposed, OWNER/DEVELOPER and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 15.1-5,inclusive,relating to Annexation Agreements,the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subj ect PROPERTY and to provide for various other matters related directly or indirectly to the annexation of the PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have had such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15-1.3 and the ordinances of the CITY relating to the procedure for the authorization,approval and execution of this Annexation Agreement by the CITY. NOW,THEREFORE,in consideration of the mutual covenants,agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: 1. ANNEXATION. OWNER/DEVELOPER has or will with the Clerk of the CITY a duly and properly executed petition pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. to annex the PROPERTY and any adjacent roadways not previously Annexed to the City of Yorkville. -2- 2. ZONING. A. Contemporaneously with the Annexation of the subject PROPERTY, the CITY shall adopt an ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified and shall zone the parcel R-2 Single Family Residence District. B. Contemporaneously with the Annexation of the PROPERTY,the CITY shall, if necessary, amend its Comprehensive Plan to provide for the uses on the PROPERTY that are reflected in this Agreement. C. The CITY and OWNER/DEVELOPER agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE,for a period of five(5)years from the date of execution of this Agreement. After the expiration of said five (5) year time frame, if there have been changes in Subdivision Control Ordinances, Fee Ordinances, or,building codes,the same shall be applied to the subject property as duly passed by the UNITED CITY OF YORKVILLE. i. The lots adjoining Cannonball Trail shall be developed with a landscaped berm from 3' to 6' in height constructed on a 30' to 60' landscape easement West of and adjacent to the Cannonball Trail right-of-way. The berm height shall be measured from the adjacent road edge. The City's current Landscape Ordinance shall apply along Cannonball Trail and along Faxon Road. ii. All homes within the development will be constructed with a finish basement floor elevation of at least 6" higher than the ground water elevation at the time of construction. 3. ANNEXATION TO YORKVILLE-BRISTOL SANITARY DISTRICT OWNER/DEVELOPER agrees to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the Yorkville-Bristol Sanitary District and the CITY shall provide a letter to Yorkville-Bristol Sanitary District indicating the CITY's desire to annex and have Yorkville-Bristol Sanitary District service the property. The subject real property has been identified by the CITY as being located within the Facility Plan Area of the Yorkville-Bristol Sanitary District as set out in the attached Exhibit"D", which is attached hereto and incorporated herein by reference. Petitioner shall be responsible for any Annexation Fees and hook-up charges to the Yorkville-Bristol Sanitary District. The Yorkville-Bristol Sanitary District has confirmed it has agreed to serve the subject PROPERTY with sanitary sewer service. -3- 4. DONATIONS AND CONTRIBUTIONS. A. OWNER/DEVELOPER shall establish a Homeowner's Association for common areas,detention,and signage maintenance in the Subdivision at the time OWNER/DEVELOPER seeks approval of a First Final Plat of Subdivision for the subject PROPERTY. B. OWNER/DEVELOPER shall further consent to the creation of a back-up Special Tax Service Area for maintenance of common areas, detention, and signage,by the UNITED CITY OF YORKVILLE. Those documents shall be prepared and tendered to OWNER/DEVELOPER prior to the time of approval of this Annexation Agreement for execution as to said consent. C. The DEVELOPER shall pay One Thousand five Hundred Dollars($1,500.00) as School Transition fees per residential dwelling unit in said subdivision,to the Yorkville Community School District, One Thousand One Hundred Fifty Dollars($1,150.00)in Development fees per residential dwelling unit to the United City of Yorkville, and other fees to the United City of Yorkville in conformance with the City Ordinances or as modified herein. Said Transition, development, and other fees shall be paid per single-family residence concurrent with and prior to the issuance of each respective subject single- family building permit. Said fees are being paid voluntarily and with the consent of OWNERS and DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. 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 purposes under the terms of this Agreement. D. Attached hereto and incorporated herein as Exhibit `B" is a letter from the Yorkville School District indicating that it intends to recover a cash contribution from OWNER/DEVELOPER under the terms of the Land-Cash Ordinance in affect with the UNITED CITY OF YORKVILLE, rather than a contribution of land. E. The OWNER/DEVELOPER shall be permitted to have directional signs. 5. OVERSIZING. In the event OWNER/DEVELOPER is required on-site to oversize any water,storm sewer or City sanitary sewer lines to accommodate other properties,CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse OWNER/DEVELOPER within 30 days of connection by the OWNER/DEVELOPER of any other parcel of real property connecting -4- to said improvements, for OWNER/DEVELOPER's costs in oversizing said lines including costs for deepening said lines and any engineering fees,and other costs associated therewith. In the event the OWNER/DEVELOPER seeks said reimbursement, the parties agree separately that the Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite Public Hearing being held and Requisite Recapture Ordinance being approved by the City Council contingent on the percentage of the benefit to the OWNER other than the DEVELOPER and including the service area effected. In the event any said oversizing is required, the CITY and OWNER/DEVELOPER agree to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after those costs are ascertained. OWNER/DEVELOPER agrees to hold the UNITED CITY OF YORKVILLE harmless and indemnify the CITY from any liability as a result of any Recapture imposed. 6. TIME IS OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence in this Agreement, and that all parties will make every reasonable effort to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 7. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto,their successors and assigns including,but not limited to,successor owners of record, successor developers,lessees and successor lessees,and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 8. NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNER in this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility of the DEVELOPER of the subj ect parcel and/or future OWNER of the subject parcel of real property. Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction,by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. -5- Before any failure of any party of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement,the party claiming such failure shall notify in writing, by certified mail/retum receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Rd. Yorkville, IL 60560 Attn: Mayor Copy to: CITY Attorney: Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 OWNER/DEVELOPER: Alan Dale Farms &Development Corporation 12686 Schaefer Rd. Plano,IL 60545 9. AGREEMENT TO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 10. PARTIAL INVALIDITY OF AGREEMENT. If any provision of this Agreement(except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any, other terms,conditions and provisions of this Agreement and,to that end,any terms,conditions and provisions of this Agreement are declared to be severable. If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning, variations and plat approvals proposed herein. -6- 11. USE OF PROPERTY FOR FARMING/ZONING. Any portion of the PROPERTY, which is not conveyed or under development as provided herein,may be used for farming purposes,regardless of the underlying zoning. IN WITNESS WHEREOF,the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNITED CITY OF YORKVILLE By: MAY Attes 4t� CIT CLERK OWNER/DEVELOPER: ALAN DALE FARMS &DEVELOPMENT CORPORATION By: ALAN ; President /1/or�o✓� Attest: L/J`'LC,� -- DENISE BO3 ,Secretary 0,4" PREPARED BY AND RETURN TO: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -7- EXHIBIT LIST Exhibit A - Real property description Exhibit B - Annexation Plat Exhibit C - Preliminary Plat Exhibit D - Yorkville-Bristol Sanitary District Facility Plan Exhibit E - Yorkville School District letter -8- LEGAL DESCRIPTION Commencing at the Northwest corner of Oak Knolls Subdivision; thence North 22'13'29" East along the center line of Cut-Off Road, 746.59 feet (this point hereinafter referred to as point A); thence North 63°1T1 4" West, 441.97 feet; thence North 29'5 T14" West, 65.90 feet; thence North 08'46'46" East, 138.82 feet for a point of beginning; thence North 82'38'28" West along a line which extended intersects the West line of the Southwest Quarter of said Section 20, 147.18 feet southerly of the Northwest corner of said Southwest Quarter, 773.17 feet to a point which is 1885.72 feet, as measured along said extended line, easterly of said West line; thence North 04°21'17" East, 1549.95 feet to the center line of Faxon Road; thence South 80°35'51" East along said center line, 1928.17 feet to the center line of Cut-Off Road; thence South 26°48'57" West along said Cut-Off Road center line, 1563.73 feet to a point which is 356.10 feet, as measured along said center line,northerly of point A aforesaid; thence North 83'07'22" West, 551.70 feet to the point of beginning in Bristol Township,Kendall County, Illinois, and containing 56.607 acres. i Nil.11.erjuu �•e�r-iri 1.1 1 Y OF YUHKVILLD22 NO.682 P.2/2 J YORKVT^ ',E COMMUNITY UNIT DIS- 'iCT 115 Center Parkway,Suite A,P O, Box 5, Yorkville,IL 60560-0579 Telephone (630) 553-4382 Fax (630)553-4398 YORKVILLE HIGH SCHOOL 797 Came Farm Road Yorkvfe,Minis 60560 Telephone(630)5534280 YORKVILLE MIDDLE SCHOOL 702 Game Farm Road Yorkville,Illinois 60560 Telephone(630)553.4385 CIRCLE CENTER INTERMEDIATE SCHOOL 901 Min street January 6, 2000 Yorkville,Illinois 60560 y Telephone(630)5534385 YORKVILLE GRADE SCHOOL 201 Wam Somaoauk Street Y,do*Ile,Illinois 60560 Telephone(630)5534390 Mr. Daniel J. Kramey, BRISTOL GRADE SCHOOL Attorney - City of �orkvi l l e 23 Hunt5trner 111 W. Fox, Suite 3 P.O.Box 177 Bristol.Minis 60512 Yorkville, IL 6 0 5 6 Q Telephone(630)5534383 RE: Heartland Development Annexation Cannonball. Trail. Annexation Yorkville Community Unit District #f115 requests the contributions for these two annexations be in the form of cash contributions . Sincerely, �j Dr. Thomas D. Engler Superintendent TDE/mlj I c►r1 of fa a 111 4 WO I,T