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Ordinance 1995-03 ORDINANCE NO. 94-3 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF RICK MARTINEZ AND PHYLLIS MARTINEZ WHEREAS, it is in the best interest of the United City of the Village 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 the Village of Yorkville; and 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 ELCS 5/11-15.1-1 through 5111-15.5 of the Illinois Compiled Statutes, as amended, for the execution of said Annexation Agreement has been fully complied with. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE 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 re lar me ting of the City Council of the United City of the Village of Yorkville on ` .. IGNED AND APPROVED by me, as=H .19 ayor ATTEST: 0 CITrLERk EXHIBIT "A" That part of Sections 4, 5, 8 and 9, Township 36 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the intersection of the center lines of Illinois Route 47 and U.S. Route 71 as shown by plat recorded in Deed Record 93, Page 22, Records of Kendall County, Illinois; thence southeasterly along the center line of Route 47 on a 3 Degree curve radius 1910.08 feet, 320.5 feet for a point of beginning;thence North 79 015'00"East, 400.0 feet;thence South 17°15'00"East, to a point on the northerly line of a parcel of land conveyed to Gerrit Halbesma and Selma Irene Halbesma by Warranty Deed recorded May 1, 1941, in Book 79 of Deeds, Page 597, Records of Kendall County, ois; thence southwesterly along said northerly line of said Gerrit Halbesma and Selma Irene Halbesma parcel of land, to the center line of Route 47, thence northwesterly along said center line of Route 47 to the point of beginning, (excepting therefrom that part thereof lying within the existing right- of-way of said Route 47 which is considered to have been previously annexed) in Kendall Township, Kendall County, Illinois and containing 3.478 acres. _ 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 a'j day of MNfi.J.L 19��) by and between the UNITED CITY OF THE VILLAGE OF YORK LE, Yorkville, Illinois a municipal corporation, located in Kendall County, Illinois, hereinafter referred to as "City", and RICK MARTINEZ and PHYLLIS MARTINEZ, of the City of Yorkville, Kendall County, Illinois, hereinafter referred to as "Owners". WITNESSETH: WHEREAS, the Owners, RICK MARTINEZ and PHYLLIS MARTINEZ are the owners of land, which lies generally South of and contiguous to the existing corporate limits of the City which said land is more particularly described on Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the Owners are desirous of using said real properly described in Exhibit "A" for business and commercial use, and are desirous of assuring to them that said land can be used for said purposes if said land is annexed to the City of Yorkville; w id WHEREAS, the City has requested the Owners to annex the said land into the City and its Plan Commission and the City Council have heretofore approved the proposed land use and the zoning of the same at the joint request of the Owner and the Cit1 and WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and conditions upon which the land heretofore described will be annexed t:) the City in an orderly manner; and WHEREAS, it is the intention of the Owners upon the annexp.gon. of the real estate to the City to use said real property described in Exhibit "A" for business and commercial use to be located as shown in the annexation drawing attached hereto, prepared by James Olson & Associates and dated November 7, 1994, and in accordance with the terms and conditions of this Agreement; and 1 WHEREAS, the Owners and their representatives have discussed the proposed Annexation and have had public meetings with the Plan Commission, and the City Council; and prior to the execution hereto, 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 65I1LCS 5111-15.1-1 through 5111-15.1 as follows: 1. ANNEXATION AND ZONING: The City shall adopt an ordinance annexing to the City all of the real estate described on Exhibit "A" and the City in said ordinance shall zone the real estate described in Exhibit "A", subject to the further terms of this Agreement as B4, Business District. Said zoning allowing the uses, size, density, areas, coverage, and maximum building heights as set forth in Exhibit "B", said real estate to be used and developed in accordance with this Agreement and with the City Subdivision Control Ordinance. 2. The City agrees that in consideration of Petitioners-Owners voluntarily annexing to the City, the City will do the following: a. Petitioners-Owners and their successors, heirs, and assigns, shall be given one free water and one free City sewer hook-up, waiving any fee customarily paid to the City on land being annexed to the City for a period of fifteen (15) years from the date of execution of this Agreement. Nothing contained herein shall be deemed to be a waiver of sewer hook-up fees due the Yorkville-Bristol Sanitary District which is a totally independent governmental entity. This Agreement further shall not be construed as a warranty or promise of when water and sewer main extensions will be made available. Petitioner and City acknowledge that the City is embarking upon a plan to extend the sewer and water main through the subject parcel of real estate. The owners shall allow the City easements for the purposes of installing that City water main and City sewer, at a location to be mutually agreed upon by the parties, at no cost to the City of Yorkville for the acquisition of said easements. In the event a water meter in excess of 1" is necessary for water service, the cost in excess of the 1" meter, shall be paid by the user. b. The City shall not allow any Developer or other private party to charge Petitioners-Owners or their successors, heirs, and assigns for recapture in order to hook-up to a water or sewer main extension. 2 It is anticipated that the City of Yorkville, through either a low cost loan, bonding, or other means will provide the initial money for the extension of a sewer main and water main extending through Petitioner's property, as well as surrounding property for the purpose of providing utility services to the same. The City of Yorkville reserves the right to charge a recapture or hook-up fee on a non-discriminatory basis, in proportion to all properties benefitted for the initial cost of running said sewer main and water main, to be charged at time of hook-up to each service for the purpose of financing the extension of said water main and sewer main. Said Recapture Fee on the subject property shall amount to $6,956.00 which shall be paid by Owners to the City in three (3) equal annual installments of $2,318.66 on March 15, 1995, and the same day of each consecutive years until raid in full. In the event any additional costs are incurred by the City which are property subject to recapture, said amounts likewise shall be divided into three (3) equal annual payments due on the same dates. 3. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE: Except as herein modified or varied, the Owners shall comply, in all respects, with all of the provisions of the Subdivision Control Ordinance of the City in the development of the real estate herein described in the event of any future development on the subject real property. 4. BINDING EFFECT AND TERM: This Annexation Agreement shall be binding upon and insure to the benefit of the parties hereto, successors, owners or record of land which is the subject of this Agreement assignees, lessees, and upon any successor municipal authorities of said City. 5. NOTICES: 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, IL 60560 With a copy to: Daniel J. Kramer, City Attorney 1107A S. Bridge St. Yorkville, IL 60560 If to the Owners: Rick and Phyllis Martinez 7070 S. Rt. 47 Yorkville, IL 60560 3 or to such other addresses as any party may from to time designate in a written notice to the other parties. 6. ENFORCEABILITY: This Agreement shall be enforceable in any Court of competent jurisdictions by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. 7. ENACTMENT OR 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. 3 JIN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of 19�� UNITED CITY OF THE VILLAGE OF YORKVILLE Kendall County, Illinois BY: NNETH K. OE, , Mayor ATTEST: . ITY RK OWNERS: luck MARTINEZ PHYLL9 MARTINEZ 4 D ALDERMAN '�o/ ALDE IN /� / -7� ALDERMAN ALDERMAN ALDERMAN - N LAW OFFICES OF DANIEL J. KRAMER 1107A S. Bridge St. Yorkville, IL 60560 (708)553-9500 5 10-7E-1 EXHIBIT "B" 10-7E-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE E. B-4 BUSINESS DISTRICT SECTION: 10-7E-1: Uses Permitted 10-7E-2: Special Uses 10-7E-3: Lot Area 10-7E-4: Yard Areas 10-7E-5: Lot Coverage 10-7E-6: Maximum Building Height 10-7E-7: Off-Street Parking and Loading 10-7E-1: USES PERMITTED: All uses permitted in the B-3 District. Auction house. Automobile sales and service. Garage-bus or truck. Motorcycle sales and service. Recreational vehicle sales and service. Truck sales and service. Utility company maintenance yard. Utility service yard or garage. (Ord. 1986-1, 1-9-86; 1994 Code) City of Yorkville 10-7E-2 EXHIBIT "B" 10-7E-7 10-7E-2: SPECIAL USES: All uses permitted in the B-3 District. (1994 Code) 10-7E-3: LOT AREA: Same as in the B-3 District. (Ord. 1986-1, 1-9-86) 10-7E-4: YARD AREAS: Same as in the B-3 District. (Ord. 1986-1, 1-9-86) 10-7E-5: LOT COVERAGE: Same as in the B-3 District. (Ord. 1986-1, 1-9-86) 10-7E-6: MAXIMUM BUILDING HEIGHT: Same as in the B-3 District. (Ord. 1986-1, 1-9-86) 10-7E-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1986-1, 1-9-86) City of Yorkville Accurate Map of Territory to be Annexed to the United City of the Village of Yorkville N Illinois State Route /Va %i � �Cente / Q 5 4 • -N79°15� E r] � 60 8 rn ti w t� a �N- . cr ' v co \C=W Indicates Present Corporate Limits z O • 60 w w N� 69 Ge�lt 8 reo�d of eed ed 91 268 p 5 —� I Line W orrantY �o of Qods,p9 rherY ,r \ v HOW F. 9° oF n 1,40y I,19 Prepared By. ,tames M. Olson Associates, Ltd. 107 West Madison Street Yorkville, Illinois 60560 (708)553-0050 November 7, 1994 `