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:
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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
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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
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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.
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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.
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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
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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.
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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.
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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
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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
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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
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