Ordinance 1998-15 • 9806414 05/18/1998 03:6-? 1 of 5
Paul Anderson, Kendall County, IL Recorder
STATE OF ILLINOIS )
)SS.
COUNTY OF KENDALL )
ANNEXATION AGREEMENT TO
THE UNITED CITY OF THE VILLAGE OF YORKVILLE
THIS AGREEMENT is made and entered into this 5" day of January, 1994, by and between
the United City of the Village of Yorkville, Yorkville, Kendall County, Illinois ("City"), a municipal
corporation; the Sanitary District of Yorkville, a municipal corporation ("District") , located in
Kendall County, Illinois; and GreatBanc Trust Company, a national banking corporation, as Trustee,
not individually, of Trust No. 205472, of the City of Aurora, Kane County, Illinois ("Owner").
WITNESSETH:
WHEREAS, the Owner is the owner of land ("'the land") which lies generally north of and
contiguous to the existing corporate limits of the City. The land is more particularly described on
Exhibit "A" attached hereto and made a part hereof, and
WHEREAS, the Owner wants to use the land for M-1 Light Manufacturing District use ("the
use"). If the land is annexed to the City, Owner requires the zoning use as a concurrer_t condition to
its execution of this Agreement; and
WHEREAS, the owner has presented, and the City has considered the land herein described
for M-1 Light manufacturing District purposes in order to make the land a desirable addition to the
City; and
WHEREAS, the City has requested Owner to annex the land into the City and its Plan
a
Commission and the City Council have heretofore approved the land use and the zoning of the same
at the joint request of the owner and the City; and
WHEREAS, all parties to this Agreement agree that strict compliance with the certain terms
of this Agreement will result in the orderly annexation of the land to the City; and
WHEREAS, it is the intention of the Owner upon the annexation of the real estate to the City
to use the land, at some time in the future, for M-1 Light Manufacturing use to be located as shown
in the annexation drawing attached hereto, prepared by James Olson Associates, Ltd., and dated
December 10, 1993, and in accordance with the terms and conditions of this Agreement; and
WHEREAS, the 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 premises and covenants herein
contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11-15.1-1 through
1115.1-5, as follows:
1. ANNEXATION AND ZONING: The City shall adopt an ordinance annexing to the
City the land, and the City in, said ordiilance shall zone the land described subject to the terms of this
Agreement as M-1 Light Manufacturing Use District.
Said zoning allowing the uses, size, density, areas, coverage and maximum building heights
as set forth on Exhibit B for
and said land to be used and developed in strict compliance with this Agreement and with the City
Subdivision Control ordinance.
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2. The City agrees that in consideration for the Owner's voluntary annexation to the City
the City shall do the following:
A. The City and District shall cause, at their expense, to extend sanitary sewer(s) and
water main(s) parallel with Cannonball Trail in a northerly direction, then east across the
southernmost boundary of the land as more accurately depicted in Exhibit C attached hereto
and incorporated herein for a distance sufficient to service the land and the use. Said main(s)
and sewer line(s) will be installed in a west-east direction consistent with Exhibit C. Owner
concurrently herewith will convey to the City a temporary easement for the installation of said
mains and lines as depicted in Exhibit D and a permanent easement as described in Exhibit E.
Exhibits D and E are incorporated herein by this reference. The costs of such mains, lines or
other equipment, installation or maintenance thereof shall be the sale responsibility of City.
The City of Yorkville shall provide free water and sewer hook-ups without fee to the
Petitioner in consideration of the annexation to the City and easements granted to City by the
Petitioner.
The City makes no representations to hook-up fees to the Yorkville/Bristol Sanitary District.
Recapture for the cost of main extensions will be assessed at the time of hook-up on
a pro-rata non-discriminatory basis based upon a population equivalent estimate prepared by
the City Engineer as to actual use.
B. That in the event the County of Kendall or Illinois Department of
Transportation or other state agency or the United States Department of Transportation
requires roadway or railway improvements to the Route 47 entrance or any railway line, said
costs shall be paid by the City. The term "costs" when used in this Agreement in any
paragraph means any expense incurred including reasonable attorneys' fees.
C. In the event Owner, with the cooperation of the City, is unable to obtain a
letter of opinion from the Kendall County Assessor that taxes will be assessed based on use
of the land at the time of assessment, this Agreement shall be null and void.
D. That the City shall cause intervening property owners to annex to the United
City of the Village of Yorkville at its expense to secure contiguity between the parcel of
owner and the City limits of the United City of the Village of Yorkville.
E. That upon the execution of this Annexation Agreement, the City shall perform
all necessary engineering drawings and bidding, as well as obtaining any federal, state or local
permits that are required for the extension of water and sewer mains to the land, at its sole
expense. Any reasonable costs incurred by Owner in such process or in enforcing the terms
of this Agreement shall be the City's sole responsibility.
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3. In consideration of the City annexing the land and extending utilities for service to the
subject site, the Owner agrees as follows:
A. That Owner shall proceed with an Annexation Petition to annex the land to
the City.
B. All property described in Exhibit A shall be zoned M-1 Light Manufacturing
District.
4. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE: Except as herein
modified or varied, the owner shall comply in all respects with all of the provisions of the Subdivision
Control Ordinance.
5. BINDING EFFECT AND TERM: This Annexation Agreement shall be binding upon
and inure to the benefit of the parties hereto, successors, assignees, lessees, purchasers and upon any
successor municipal authority.
6. 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
610 Tower Lane
Yorkville, Illinois 60560
With a copy to: Daniel J. Kramer
City Attorney
I I 07 South Bridge Street
Yorkville, Illinois 60560
If to the Owner: GreatBanc Trust Company
2 South Broadway
Aurora, Illinois 60505
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With a copy to: Patrick M. Kinnally
Attorney at Law
8 East Galena, P.O. Box 5030
Aurora, Illinois 60506
If to the District: Yorkville Bristol Sanitary District
304 River, P.O. Box 27
Yorkville, Illinois 60560
With a copy to: Dallas Ingemunson
Attorney at Law
226 South Bridge Street
Yorkville, Illinois 60560
or to such other addresses as any party may from time to time designate in a written notice to the
other parties.
7. 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.
8. 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 defects
which may arise after the execution of this Agreement.
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IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this—
day of -) , 1994.
CITY:
UNITED CITY OF THE VILLAGE OF YORKVII.LE
BY: If, MAYOR
K/
n
ATTEST: �i�►/nom
CITY CLERK
DIST CT:
S ARY ISTRICT OF YORK LE
B
Its
f
OWNER:
GREATBANC TRUST COMPANY, not Individually
but as Trustee under Trust No. 205472
BY: 4 k A,4E
TRUST OFF&CER.
6
EXHIBIT"A"
Legal Description
That part of the Southwest Quarter of Section 16 and part of the Southeast Quarter of
Section 17, 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 line 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 for the point of beginning; thence South 29'48'00" East along said extended line
1448.39 feet; thence North 79'18'26" East 1130.19 feet to the westerly line of Illinois State
Route No. 47 as depicted on a right-of-way plat recorded November 15, 1990 as Document No.
907261; thence North 07°29'55" West along said westerly line of Route 47 a distance of 267.60
feet; thence northerly along said westerly line of Route 47 being a tangential curve to the left
with a radius of 9489.34 feet a distance of 917.48 feet; thence North 16°08'34" West along said
westerly line of Route 47 a distance of 339.98 feet to the southerly right-of-way line of the
Burlington Northern Railroad; thence South 73'47'00" West along said southerly right-of-way
line 1601.15 feet to the point of beginning in Bristol Township, Kendall County, Illinois.
P.I.N. Ws: 02-17-400-009 and 02-16-300-007
17 I 17 17 I 16
Northwest comer of the
East Half of the Southeast \
/7 /7 Quarter of Section 1737-7 17 16
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Present Corporate Limits
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Accurate Map of Ii
Territory Annexed to the
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United City f the Village of Yorkville
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Prepared By: % pf/ 1130.i9 I60
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James M. Olson Associates, Ltd.
107 West Madison Street % I
Yorkville, IL 60560
January 11, 1994
Atty. Dan Kramer/City of Yorkville / No. 5276