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
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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.
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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
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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,
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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