Ordinance 1998-28A r
STATE OF ILLINOIS ) Revised 5/22/98
COUNTY OF KENDALL )
noA
ORDINANCE NO. 1998- r-T
ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE
GAME FARM ROAD(MILLER PROPERTY)
_a August
.'?7 THIS AGREEMENT is made and entered into this � day offlnuibm, 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 SCOTT M. MILLER and
KATHRYN A.MILLER,of the Bristol Township,Kendall County,Illinois (hereinafter referred to
as "OWNERS").
WITNESSETH
WHEREAS, OWNERS are the Owners of land which lies northwesterly of and contiguous
to the existing corporate limits of the City, which said land is more particularly described as Lot 9,
Countryside Subdivision,Unit One,Bristol Township, Kendall County, Illinois; and
WHEREAS,the City desires to annex the said real property described into the City, its Plan
commission has considered the Petition, 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; and
WHEREAS, Owner has presented, and the City has considered, the tracts of land herein
described for R-2 Single Family Residence District use in order to make 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. ANNEXATION AND ZONIN The City shall adopt an ordinance annexing to the
City all of the real estate described herein and the City in said ordinance shall zone the real property
subject to the further terms of this Agreement as R-2 Single Family Residence District.
Said zoning shall allow the uses,size,density,area,coverage,and maximum building heights
as set forth on Exhibit "A" for R-2 Single Family Residence District, and 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. The City agrees to waive Owners obligation to pay school
transition fees based on the fact that subject lot has been platted in excess of ten years and during
that time Owner has paid real estate taxes for an improved lot, including taxes to the Yorkville
School District.
3. COMPLIANCE WITH SUBDIVISION ONTROL ORDINAN E. Except as herein
modified or varied, Owner shall comply, in all respects, with all of the provisions of the Zoning
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Ordinance and Subdivision Control Ordinance of the United City of Yorkville.
4. 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.
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.
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7. 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.
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
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: Scott M. &Kathryn A. Miller
1208 Game Farm Rd.
Yorkville, Illinois 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
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excised herefrom and the remaining portions thereof shall remain in full force and effect.
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.
11. Said Agreement will not take affect and be effective for real estate tax purposes until
January 1, 1999.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this_
O� _day of _' 1998.
UNITED CITY OF YORKVILLE
Kendall C Illinois
By:
Robert Jo ayor
Atte
City C erk
C�'r .mil
AI erman effrey Spang Alderrnan Thomas Sowinski
Alderman Richard Sticka Alderman arry Kot
Z�— ()R llp 1'QA'� - —
Alderman Valarie Burd Alderma Ro a Spears ;
r �
Alderman MVhael Anderson Alderman A4fiuif Prochaska
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OWNER:
Scott M. Miller
Kat A.44iller
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