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Ordinance 1997-23 9710278 10/14/1997 09:49A �f Paul Anderson, Kend 1 County IL _ cordir STATE OF ILLINOIS ) September 18, 1997 ) ss COUNTY OF KENDALL ) 9805363 04/30/1998 09:07A 1 of 3 Paul Anderson, Kendall County, IL Recorder ORDINANCE NO. 1997- �,3 ORDINANCE ANNEXING PROPERTIES TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, MERCHANT'S NATIONAL BANK TRUST NO. 4940, ED AISTER, JR., as record owners in fee simple of a tract of land contiguous to THE UNITED CITY OF YORKVILLE, have heretofore submitted a Petition for Annexation of said property; and WHEREAS, the development and annexation of said land have been considered by THE UNITED CITY OF YORKVILLE; and WHEREAS, THE UNITED CITY OF YORKVILLE deems it to be in its best interests to annex the said land described in said Petition for Annexation to THE UNITED CITY OF YORKVILLE; and WHEREAS, the Petitioners are the Owners of Record of said property and no other electors reside thereon; and WHEREAS, said Petition is under oath requesting the annexation of said property to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois and in all respects is presented in 1 accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code,being 65 ILCS 5/11- 15.1-1 et. seq. WHEREAS, said property is contiguous to THE UNITED CITY OF YORKVILLE and not within the corporate limits of any municipality; and WHEREAS,the statutes provide that upon property affirmative vote of a majority of the City Council, contiguous property can be annexed to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois. BE IT ORDAINED by the City Council of THE UNITED CITY OF YORKVILLE,Kendall County, Illinois: Section 1: That the property legally described as follows be and the same is hereby annexed to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois and is hereby Zoned R2 Single Family Residential District: See Attached Legal Description Section 2: That the City Limits of THE UNITED CITY OF YORKVILLE be, and they are hereby, extended to include the territory hereby annexed to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois. Section 3: That the City Clerk of THE UNITED CITY OF YORKVILLE be, and is hereby, authorized and directed to record with the Recorder of Deeds of Kendall County, Illinois, a certified copy of this Ordinance, together with an accurate map of the territory annexed, which map shall be certified as to its correctness. Section 4: That the property described in Exhibit "A" is hereby annexed and zoned as follows: R-2 Single Family Residential District. Section 5: That all Ordinances or portion of Ordinances in conflict herewith be, and they are hereby repealed insofar as such conflict exists. Section 6: That this Ordinance shall take effect and be in full force and effect upon and after 2 its final passage and signing by the mayor and the recording by the Recorder of Deeds of Kendall County, Illinois, as herein provided, this 18" day of September, 1997. PASSED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, THIS 18th DAY OF September, 1997. SIGNED by the Mayor of THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS THIS 18'h DAY OF September, 1997. MA(�IAI ATTEST: CITY CLEP.K__ Prepared by: Law Offices of Daniel J. Kramer I I 07 South Bridge Street Yorkville, Illinois 60560 630.553.9500 3 EXHIBIT "A" LEGAL DESCRIPTION LOT 10, COUNTRYSIDE SUBDIVISION, UNIT ONE, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS j8' 1 6 1997 Accurate Map of Territory to be Annexed to the United City of Yorkville (Lot 10 Countryside Subdivision Unit One Bristol Township Kendall County Illinois) N 30 150.0 �9 Icp s9, IO'UE.� O Z_ I ` 3 0 0 oh° I 00 o �o Q 150.0 I I a Indicates Present corporate Limits Lot 10 contains 15,000 square feet=0.344 acres Prepared By., James M. Olson Associates, Ltd. 107 West Madison Street Yorkville, Illinois 60560 (630)553-0050 June 13, 1997 No. 6554 Kromer-Aister STATE OF ILLINOIS ) July 8, 1997 COUNTY OF KENDALL ) ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE GAME FARM ROAD(AISTER PROPERTY) THIS AGREEMENT is made and entered into this day of , 997y and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois(hereinafter referred to as "City"), and MERCHANT'S NATIONAL BANK TRUST NO. 4940, of the Bristol Township, Kendall County, Illinois (hereinafter referred to as "Owner"). WITNESSETH WHEREAS, Owner is the owner 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 10, Countryside Subdivision, Unit One, Bristol Township, Kendall County, Illinois; and WHEREAS, Owner 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 5/11-15.1-5, as amended, as follows: 1. ANNEXATION AND ZONING. The City shall adopt an ordinance annexing to the City all of the real 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 5/11-15.1 through 65/ILCS 5/11-15.1-5, 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 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. 2 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 other than the existing ordinances dealing with land cash donations for schools and parks, fees for building permits, occupancy permits and tap-on fees, and review fees, no additional fees or donations will be required by the City from Owner, except as may be charged on a non-discriminatory basis to all residents of the City, imposed at the time of platting of any particular phase of the subject real property. 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 3 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. OWNER'S AGREEMENTS. In consideration of the City annexing the subject parcel of real property, Owner agrees to be bound by the following terms and conditions: A) Owner will pay landcash contributions to the Yorkville Park District and Yorkville School District. B) Owner will be responsible for City development fees. C) Owner will pay a building permit fee in exchange for the City issuing a building permit. 8. 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. 9. 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, 4 return receipt requested, postage prepaid, addressed as follows: If to the City: City Clerk 111 W. Fox Street, 3'd Floor Yorkville, IL 60560 With a copy to: Daniel J. Kramer, City Attorney 1107A S. Bridge Street Yorkville, IL 60560 If to Owner: Ed Aister, Jr. 23 Briargate Circle Aurora, Illinois 60506.9152 or to such other addresses as any party way from time to time designate in a written notice to the other parties. 10. 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. 11. 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. 5 IN WITNESS WHEREOF the undersigned have hereunto set their hands and seals this l g — _day of E , 1997. UNITED CITY OF YORKVILLE Kendall Co , Illinois _ I By: Robert Johnso , y0r Attest: DuhS<,d.-h City Clerk 4,4�1, er Alderman derman Alderman Aldermen ✓ Ald rman Alderman Alderman Alderman OWNER: Ed A. Aister, Jr. 6 EXHIBIT "A" LEGAL DESCRIPTION LOT 10, COUNTRYSIDE SUBDIVISION, UNIT ONE, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS JUN 1 6 1991 Accurate Map of Territory to be Annexed to the United City of Yorkville (Lot 10 Countryside Subdivision Unit One Bristol Township Kendall County Illinois) N 30 150.0 � I 0 $ I o 3 r 0 0 9 Q QL 150.0 I I ' " • Q xm &x1WK Indicates Present Corporate Limits Lot 10 contains 15,000 square feet = 0.344 acres Prepared By: James M. Olson Associates, Ltd. 107 West Madison Street Yorkville, Illinois 60560 (630)553-0050 June 13, 1997 No. 6554 Kromer-Aister