Ordinance 1997-24 STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE No. 1997-a
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
MERCHANT'S NATIONAL BANK TRUST NO. 4940
(ED AISTER,JR.)
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 M
WHEREAS, said Annexation Agreement has been drafted and has been considered 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 65 ILCS 5/11-15.1-1, as amended, for the
execution of said Annexation Agreement has been fully complied with; and
WHEREAS, the property is contiguous to the City.
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 estate 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 Council of the UNITED CITY OF THE VILLAGE
OF YORKVILLE on the 1W day of 1997.
SIGNED and APPROVED by me, as Mayor, this /�day of
ATTEST:
CITY CLERK J
(SEAL)
Prepared by and return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
EXHIBIT "A"
LEGAL DESCRIPTION
That part of the Southeast Quarter of Section 5, and that part of the Northeast Quarter of Section
8, Township 36 North, Range 7 East of the Third Principal Meridian described as follows:
Commencing at the Northeasterly corner of Lot 6 as shown by a Plat recorded in Plat Book 3 on
Page 65;thence Southwesterly along the Northerly line of said Lot 6 and the Northerly lines of Lots
7 and 8 as shown on said Plat, 609.27 feet; thence Northerly, along a line which forms an angle of
48 Degrees 47 Minutes 08 Seconds with the last described course (measured counter-clockwise
therefrom) 967.66 feet to the center line of Illinois Route 71 for the point of beginning; thence
Southerly, along the last described course, 967.66 feet to the Northerly line of said Lot 8; thence
Southwesterly along the Northerly line of Lot 8 and the Northerly lines of Lots 31 and 10 of said Plat,
882.61 feet to the Easterly line of a ten (10) acre tract reserved In a Warranty Deed from Silas and
Thankful Dyer, husband and wife, to Clement Dyer and recorded in Book 30 at Page 548 on March
23, 1870, and then conveyed to George W. Hams by Warranty Deed recorded in Book 32 at Page
90 on December 3, 1870; thence Northerly along said Easterly line, which forms an angle of 62
Degrees 23 Minutes 19 Seconds with the last described course (measured counter-clockwise
therefrom), 1545.38 feet to said center line of Illinois Route 71; thence Easterly along said center line
1028.91 feet to the point of beginning in Kendall Township, Kendall County, Illinois.
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STATE OF ILLINOIS ) July 8, 1997
COUNTY OF KENDALL )
ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE
GAME FARM ROAD (AISTER PROPERTY
c
THIS AGREEMENT is made and entered into this/ day of e, 1997 by 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 TTY 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
:mnderstood 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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zzturn receipt requested, postage prepaid, addressed as follows:
If to the City: City Clerk
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: 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 thisl��
_day of , 1997.
UNITED CITY OF YORKVILLE
Kendall C ty, Illinois
By �e,�" �.
•
Robert Johns ayor
D _
Attest.
City Clerk
6
�� �
derman erman
AAIdermn Alderman
Alderman Alderman
Al erman Alderman
OWNER:
Ed A. Aister, Jr.
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EXHIBIT "A"
LEGAL DESCRIPTION
That part of the Southeast Quarter of Section 5, and that part of the Northeast Quarter of Section
8, Township 36 North, Range 7 East of the Third Principal Meridian described as follows:
Commencing at the Northeasterly corner of Lot 6 as shown by a Plat recorded in Plat Book 3 on
Page 65;thence Southwesterly along the Northerly line of said Lot 6 and the Northerly lines of Lots
7 and 8 as shown on said Plat, 609.27 feet; thence Northerly, along a line which forms an angle of
48 Degrees 47 Minutes 08 Seconds with the last described course (measured counter-clockwise
therefrom) 967.66 feet to the center line of Illinois Route 71 for the point of beginning; thence
Southerly, along the last described course, 967.66 feet to the Northerly line of said Lot 8; thence
Southwesterly along the Northerly line of Lot 8 and the Northerly lines of Lots 31 and 10 of said Plat,
882.61 feet to the Easterly line of a ten (10) acre tract reserved In a Warranty Deed from Silas and
Thankful Dyer, husband and wife, to Clement Dyer and recorded in Book 30 at Page 548 on March
23, 1870, and then conveyed to George W. Hams by Warranty Deed recorded in Book 32 at Page
90 on December 3, 1870; thence Northerly along said Easterly line, which forms an angle of 62
Degrees 23 Minutes 19 Seconds with the last described course (measured counter-clockwise
therefrom), 1545.38 feet to said center line of Illinois Route 71; thence Easterly along said center line
1028.91 feet to the point of beginning in Kendall Township, Kendall County, Illinois.
" 1