Ordinance 1998-10 9805554 05/04/1998 02__8P 1 of 5
Paul Anderson, Kendall County, IL Recorder
STATE OF ILLINOIS ) March 11, 1998
COUNTY OF KENDALL )
ORDINANCE NO. X8'10
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT FOR
LUE N. HAIG
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 LUE N. HAIG, and
WHEREAS,said Annexation Agreement has been drafted,a public hearing held thereon,and
has been considered and approved by a 7`9 vote 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 enter into said Agreement and to perform the obligations
as required hereunder; and
WHEREAS, the statutory procedures provided in Section 7-1-8 of the Illinois Municipal
Code,being 65 ILCS 5/11-15.1-1 et. seq. for the execution of said Annexation Agreement have been
fully complied with.
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 City Counsel of THE UNITED CITY OF YORKVILLE
on , 1998.
AYES:
NAYS:
ABSTAIN:
SENT: I
By:
Date: 1"p�(1'�
Mayor
Attest: \a Date:
City Clerk
This instrument was prepared by: Law Offices of Daniel J. Kramer
I I 07 South Bridge Street
Yorkville, Illinois 60560
630.553.9500
LEGAL DESCRIPTION
THAT PART OF THE SOUTH WEST 1/4 OF SECTION 28, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH EAST CORNER OF LOT 63 OF UNIT SIX,
COUNTRYSIDE SUBDIVISION: THENCE NORTH 01 DEGREES, 24 MINUTES, 15
SECONDS WEST ALONG THE EAST LINE OF SAID UNIT SIX, COUNTRYSIDE
SUBDIVISION 178.69 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING
NORTH 01 DEGREES, 24 MINUTES, 15 SECONDS WEST ALONG SAID EAST LINE AND
ALONG THE EAST LINE OF UNIT FIVE, COUNTRYSIDE SUBDIVISION, 400.81 FEET
TO THE SOUTHERLY LINE OF PREMISES CONVEYED TO DOROTHY L. OLSON BY
DEED RECORDED IN DEED RECORD 104, PAGE 490; THENCE NORTH 88 DEGREES,
30 MINUTES, 45 SECONDS EAST ALONG SAID SOUTHERLY LINE 234.52 FEET;
THENCE SOUTH 01 DEGREES, 29 MINUTES, 15 SECONDS EAST FOR 3.00 FEET;
THENCE NORTH 88 DEGREES, 30 MINUTES, 45 SECONDS EAST 191.33 FEET TO THE
WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47; THENCE SOUTH 01
DEGREES, 51 MINUTES, 10 SECONDS EAST ALONG SAID WESTERLY LINE FOR
241.91 FEET TO THE POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG
SAID WESTERLY LINE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 734.5
FEET FOR AN ARC DISTANCE OF 157.01 FEET TO A LINE DRAWN NORTH 88
DEGREES, 30 MINUTES, 45 SECONDS EAST FROM THE POINT OF BEGINNING;
THENCE SOUTH 88 DEGREES, 30 MINUTES, 45 SECONDS WEST ALONG SAID LINE
412.25 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL,
KENDALL COUNTY, ILLINOIS.
Accurate Map of
Territory to be Annexed to the United City of Yorkville
Preparad By.
James M. Olson, Associates, Ltd. N
107 West Madison Street
Yorkville, Illinois 60560 SO/029'/5'E
(830)553-0050
April 9, 1998 3.0 1 �
r. N88030'45'E 234.52 N8803045'E
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(' Annexed o
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Existing �
Corporate 3 O
Limits h Existing
o Corporatee
Limits
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588°3045 W 412.25
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J` Southeast N
corner of
Lot 63
That part of the Southwest Quarter of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian
described as follows: Commencing at the Southeast Comer of Lot 63 of Unit Six, Countryside Subdivision;thence
North 01°24'15"West along the East Line of said Unit Six, Countryside Subdivision 178.69 feet for the point of
beginning,thence continuing North 01024'15"West along said East line and along the East line of Unit Five,
Countryside Subdivision, 400.81 feet to the southerly line of premises conveyed to Dorothy L. Olson by Deed rsco►dsd
In Deed Record 104, Page 490,thence North 88030'45"East along said southerly line 234.52 feet;thence South
01029'15"East for 3.00 feet;thence North 88°30'45"East 191.33 feet to the westerly right-of-way line of Illinois Routs
47,thence South 01°51'10"East along said westerly line for 241.91 feet to the point of curvature;thane souNwAgsterty
along sold westerly line along a curve to the right, having a radius of 734.5 feet for an arc distance of 157.01 feet to a
tine drawn North 88°30'45"East from the point of beginning;thence South 88030'45"West along said line 412.25 feet
to the point of beginning in Bristol Township, Kendall County, Illinois
City of Yorkvi//e/Sunset Mote/ No. 6879
STATE OF ILLINOIS ) March 11, 1998
COUNTY OF KENDALL )
ANNEXATION AGREEMENT WITH
THE UNITED CITY OF YORKVILLE
LUE N. HAIG
r
THIS AGREEMENT is made and entered into this_day of March, 1998 by and between
THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in
Kendall County, Illinois(hereinafter referred to as "City"), and LUE N.HAIG,of Bristol Township,
Kendall County, Illinois (hereinafter referred to as "Owner").
WITNESSETH
WHEREAS, Owner is the owner of land which lies north of and contiguous to the existing
corporate limits of THE UNITED CITY OF YORKVILLE, which said land is more particularly
described as:
SEE ATTACHED EXHIBIT "A"
WHICH IS INCORPORATED HEREIN BY REFERENCE
WHEREAS, Owner desires to annex the said real property described into the City, and the
City Council has heretofore approved the proposed land use and the zoning of the same at the request
of Owner and the City has held the required public hearing before the City Council; and
WHEREAS, Owner has presented, and the City has considered, the tract of real property
herein described being Annexed and Zoned as B-3 Highway Business District use in order to make
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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 her representatives have discussed the proposed annexation and have
had public meetings with 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. ANNEXATION AND ZONING. The City shall adopt an ordinance annexing to the
City all of the real property described herein and the City in said ordinance shall zone the real
property subject to the further terms of this Agreement as B-3 Highway 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 Highway Business District said real estate shall be used and
developed in accordance with 65 ILCS 5111-15.1 through 65/ILCS 5111-15.1-5, and in accordance
with the City Subdivision, Control and Zoning Ordinances.
2. CITY'S AGREEMENTS.
A) LUE N. HAIG, or her successors,heirs, and assigns are entitled to one free Sanitary
Sewer and one free Water hook-up from THE UNITED CITY OF YORKVILLE for the subject real
property.
B) Owner and here successors, heirs, and assigns shall receive an abatement of the City
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portion of Real Estate Taxes from a period of three (3) years, from the date of execution of this
Agreement, or two (2) years from the time at which Sanitary Sewer and Water Hook-ups are
available within 250 feet of the subject property of Petitioners, which ever is longer.
C) No current recapture, annexation, or licence fees of any kind are being charged for
the annexation of the subject real property to THE UNITED CITY OF YORKVILLE. The City shall
further acquire at its expense a proper annexation drawing in conformance with Illinois Compiled
Statutes.
D) Owner and her successors, heirs, and assigns shall be permitted to carry on her
business in its present fashion.
E) Owner shall not be required to hook-up to City Sanitary Sewer or City Water until
such time as she desires, or there is a failure of her existing Well and Septic System.
3. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE. Except as herein
modified or varied, Owner shall comply, in all respects, with all of the provisions of the Zoning
Ordinance, Subdivision Control Ordinance and Development Fee Ordinance of the City in the
development of the subject real property herein described, if subdivided.
A) It is understood and agreed that all subsequent amendments of this Agreement, Plats
of Subdivision, or any development of the subject property may be obtained for all or any portion
of the subject property without affecting the rights, duties or obligations of the parties hereunder or
their assigns as to the balance of the subject property not included in the afore described actions.
B) It is agreed that no ordinances dealing with land cash donations for schools and parks,
occupancy permits and tap-on fees,and review fees,or additional fees or additional fees or donations
will be required by the City from Owners, except as may be charged on a non-discriminatory basis
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to all residents of the City, imposed at the time of platting of any particular phase of the subject real
property, if it is ever subdivided.
4. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is
specifically understood and agreed that Owner and her 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 Owners under this Agreement and upon such transfer, the obligations pertaining to the property
transferred or sold shall be the sole obligations of the transferee.
5. 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.
6. 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 and 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.
7. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding
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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.
8. 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, The United City of Yorkville
111 W. Fox Street, 3rd Floor
Yorkville, IL 60560
With a copy to: Daniel J. Kramer, City Attorney
1107A S. Bridge Street
Yorkville, IL 60560
If to Owner: Lue N. Haig
Sunset Motel
Rt. 47
Yorkville, IL 60560
or to such other addresses as any party way from time to time designate in a written notice to the
other parties.
9. ENFORCEABILITY. 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 herefrom and the remaining portions thereof shall remain in full force and effect.
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10. 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.
IN WIT SS WHEREOF, the undersigned have hereunto set their hands and seals this
_day of ' 1998.
THE UNITED CITY OF YORKVILLE
Kendall County. Illinois
By: z?IY,
Robert Johnson, ay
Attest: 91
City Clerk
�, .
A de Alderman
Alderman Alderman
Alderman A erman
Alderman Alderman
OWNER:
B
LUE N. HAIG
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