Ordinance 1994-08 ORDINANCE NO. 1994 -
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF HAROLD OLIVER,
REBECCA OLIVER, AND BARRY NILES
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 Section 11-15.1-1 through 11-15.1-5 of
Chapter 24 of the Illinois Revised 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, contingent upon the subject property becoming contiguous to
the City boundaries.
PASSED at a regular meeting of the City Council of the UNITED CITY OF THE
VILLAGE OF YORKVILLE on 170 X '�A 1994.
SIGNS and APPROVED by me, as Mayor, this day of
1994.
MAYOR
ATTEST:
CITY CLERk
(SEAL)
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville. IL 60560
(708)553-9500
Accurate Mop of
Terr/tory Annexed to the United City of the Vi//age of Yorkvi//e
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1328.cz/' 2891./8'
I300' 9°p6 I 1
0 I Annexed
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760.50' /262' /55/.80
Herren Annexation
Prepared By:
James M. Olson Associates, Ltd.
107 West Madison Street
Yorkville, IL 60560
October 15, 1993
No.4975-A
AREA 5 AREA 2
30 to 33 Lots
14.000 square foot averse 23 to 25 Lots
J\ 13,500 square foot average l
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AREA 4 , l / / AREA 1
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16 to 17 Lots /I It,
� 58 to 63 Lots
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18,000 square foot average I/ V` I �, / %' 16,000 square foot average
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�, I -5 f •_.r-il y , y � � / / Q_ey ly5
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1 EAST aLOQ j (EX / Total Area
7/F 650.0 G. I - 84.269 acres
/F
Comeils Road 6S y -67°' / / Total Area of Open Space 11.5 acres
AREA 3 I
ADDITIONAL DEDICATION 29 Duplex Lots I Total Area of Lots 56.8 acres
Comeds Road 17,000 square foot average /
o.toaores = --6. J0'04P Number of Lots
ENV. 648.95
"""�E Single Family-82% 162+1-
30•'UP Duplex- 18 29
/ :NV.6-6.07
Prepared By: Prepared For: / / / Average Lot Size 15,300 square feet
sme. on Associates,Ltd. Niles/OliverPartnership � X55 '�j/ Minimum Lot size
1 L t Madison Street •r� /
Yorxviile.Illinois 60560 October 27, 1993
(708)553-0050 / Single Family
� , , � ! 12,000 square feet
Duplex 15,000 square feet
STATE OF ILLINOIS ) REVISED 2/11/94
ss.
COUNTY OFKENDALL )
UNITED CITY OF THE VILLAGE OF YORKVILLE
ANNEXATION AGREEMENT
NOW COMES Owners-Developers, HAROLD OLIVER, _REBECCA OLIVER and
IBARRY NILES, of certain real property described in the attached Exhibit "A" hereinafter
referred to as Owners-Developers, and the United City of the Village of Yorkville, an Illinois
Municipality hereinafter referred to as the "City", who do hereby enter into this Annexation
Agreement to supplement and in addition to the Petition for Zoning, Zoning Ordinance and
drawings submitted therewith to be approved by the City Council of the United City of the
Village of Yorkville upon the following terms and conditions and in consideration of the various
agreements made between the parties agree as follows:
1. WHEREAS, each party agrees that it is in the best interest of Owners-Developers and
the City to annex and develop the subject real property described in the attached -Exhibit "A";
and
2. WHEREAS, each party agrees that it is in the best interest of the local government
bodies effected and the Developers and Owners to provide for specific performance standards in
the development of the subject property; and
1
4k
STATE OF ILLINOIS ) REVISED 2/11/94
ss.
COUNTY OF KENDALL )
UNITED CITY OF THE VILLAGE OF YORKVILLE
ANNEXATION AGREEMENT
NOW COMES Owners-Developers, HAROLD OLIVER, REBECCA OLIVER and
BARRY NILES, of certain real property described in the attached Exhibit "A" hereinafter
referred to as Owners-Developers, and the United City of the Village of Yorkville, an Illinois
Municipality hereinafter referred to as the "City", who do hereby enter into this Annexation
Agreement to supplement and in addition to the Petition for Zoning, Zoning Ordinance and
drawings submitted therewith to be approved by the City Council of the United City of the
Village of Yorkville upon the following terms and conditions and in consideration of the various
agreements made between the parties agree as follows:
1. WHEREAS, each party agrees that it is in the best interest of Owners-Developers and
the City to annex and develop the subject real property described in the attached Exhibit "A";
and
2. WHEREAS, each party agrees that it is in the best interest of the local government
bodies effected and the Developers and Owners to provide for specific performance standards in
the development of the subject property; and
1
3. WHEREAS, each party agrees that a substantial impact will be had on the services
of the United City of the Village of Yorkville and the Yorkville School District by developing
said real property; and
4. WHEREAS, the Owners-Developers have agreed to perform certain conditions
substantially above those requirements made by the United City of the Village OF YORKVILLE;
NOW THEREFORE, the parties agree as follows:
A. The subject property shall be annexed to the United City of the Village of Yorkville
and zoned as R-2 Single Family Residential District in the attached Annexation Plat as Exhibit
licit.
B. That Single Family and Duplex areas of the development shall be governed by the
following standards:
Minimum lot size of each designated area of said real property shall conform with
all minimum lot sizes called for under the Comprehensive Zoning Ordinance of
the United City of the Village of Yorkville in effect at the date of execution of
this Agreement, which is a minimum lot size of 12,000 square feet for Single-
Family lots and 15,000 square feet for Duplex Lots.
In addition thereto, each phase of the development shall maintain an average lot
2
size as set out in the following table, and as shown in Exhibit "B" which is
incorporated by reference showing areas of the development corresponding to the
table below:
Area 1 - Lot size average shall be no less than 16,000 square feet.
Area 2 - Lot size average shall be no less than 13,500 square feet.
Area 3 - Lot size average shall be no less than 17,000 square feet.
Area 4 - Lot size average shall be no less than 18,000 square feet.
Area 5 - Lot size average shall be no less than 14,000 square feet.
C. That Owners-Developers shall be permitted to have a maximum of 20 Duplex Lots
in that portion of the real property shown on the concept sketch as Exhibit "B".
D. That the Owners-Developers shall dedicate to the United City of the Village of
Yorkville for park purposes those areas requested by the City in conformance with the United
City of the Village of Yorkville Land/Cash Ordinance. All areas dedicated for parks shall be
final graded and seeded; and shall contain at least 75% of useable area exclusive of detention
areas. Park areas shall further be furnished with completed recreation equipment and
improvements contributed to by Owners-Developers, pursuant to said ordinance, pursuant to a
plan to be agreed upon between Owners-Developers and the City prior to approval of any Final
Plats of Subdivision.
E. That the Developer shall contribute to the Yorkville School District cash contributions
3
in lieu of land contributions in conformance with the City of Yorkville Land/Cash Ordinance.
F. That the development of the property shall be subject to Preliminary Plat, engineering
and Final Plat approval by the City Zoning Ordinance containing setback requirements, minimum
lot sizes and in conformance to those requirements set out in the United City of the Village of
Yorkville's Zoning Ordinance, Subdivision Control Ordinance, Stormwater Run-Off Ordinance,
a
City Reimbursement of Review Ordinance City, Transition Fee, Infrastructure Ordinances, in
effect at the time of the execution of this agreement, unless specifically varied by this agreement.
G. That the development plan shall contain green area/berming along Cannonball Trail
bordering the subject parcel, in a landscape area for which Developer shall submit a drawing to
be approved by the City Council containing a landscape set-back area stormwater study and water
supply study of at least 20 feet.
H. That no fencing or buildings shall be permitted on any landscape berming area in said
Subdivision. Homeowners may plant shrubbery, flowers or trees in bermed areas.
I. That no homeowner, or their agent, or employee shall alter in any fashion, any
berming, drainage or detention area within any lot of said Subdivision. Owners-Developers shall
provide City with a mass grading plan at the time of presentation of engineering drawings, as
4
well as requiring all contractors and future owners to comply with said mass-grading plan as part
of Owners-Developers covenants.
J. Each individual lot owner shall be responsible to maintain all berming, set-back area,
or detention are located within the property boundaries of any individual lot within said
Development.
K. That Owners-Developers shall pay to the United City of the Village of Yorkville, a
transition fee of $1,150.00 per Residential Dwelling Unit, for each Residential Dwelling Unit
built in said subdivision to the United City of the Village of Yorkville; and $1,500.00 for each
Residential Dwelling Unit to the Yorkville Community School District 115 in conformance with
City Ordinances. The payment of said transition fee shall be made upon issuance of each
Building Permit. Said fees are being paid voluntarily and with the consent of Owners-
Developers.
L. Cannonball Trail access for said subdivision and improvements shall be constructed
at expense of Developers and in conformance with Preliminary Plat and engineering drawings
submitted by Developer which shall be approved by the Kendall County Highway Department,
and by the City Engineer.
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M. Owners-Developers shall provide free water and sewer hook-ups to Bristol Grade
School so long as either the City or School District obtains easements for said improvements.
Owners-Developers shall further provide sidewalks from their development to the Bristol
Grade School so long as the City obtains easement for said improvement from Bristol Township
to use its right-of-way.
N. This Agreement and Annexation shall be effective upon Owners-Developers becoming
contiguous to the United City of the Village of Yorkville. As a further part of this agreement,
Owners-Developers shall execute a Petition to annex to the Yorkville-Bristol Sanitary District.
O. The City shall pay the costs of any oversizing of utilities done at its request.
P. Developers may recapture the proportionate costs of extension of utilities to their site,
as approved in a re-capture ordinance to be calculated, negotiated, and passed by the City
Council of the United City of the Village of Yorkville when those costs are available.
Q. This agreement shall be binding upon the successors, heirs, and assigns of each party
hereto.
R. If any portion of this agreement were determined to be invalid the remaining portions
thereof shall be in full force and effect between Developers/Owner(s) and the City.
6
S. Owners-Developers agree that no platting or configuration of development has been
approved as to that area located on the east side of Cannonball Trail. The parties agree that a
detailed concept plan shall be submitted by Owners-Developers or their successors prior to Plat
approval.
IN WITNESS W EREOF the undersigned parties have executed this agreement this
day of 1994.
UNITED CITY OF THE VILLAGE OF YORKVILLE
MA OR HAROLD OLIVER, Owner-Developer
ATTEST: I? a c z
REBECCA OLIVER, Owner-Developer
QA
C Y RK
BARRY Developer
:
Prepared b
P Y
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
(708)553-9500
7
r .
The Southeast Quarter of the Southeast Quarter of Section 9 , Townshl
-7 North, Range 7 East of the Third Principal Meridian (escept _ng
t:.erefrcn, the westerly 515 . 74 feet of the southerly 735 .50 feet, measured
along the South and west Lines thereof) ;
and also
T.'_ -Qoutr. Half of the Southwest Quarter of Section 10, Township 37 North,
_.ast of the Third Principal Meridian; and also
t _::e South Half of the Southeast Quarter of Section 10,
Rance 7 East of the Third ?r_nc�;al ider_a�.an 1�.�zC
:pest L e of lands ccnveved by Nelson C. Rl:__ :ems- W.
October 1= , _911 and recorded _n 3c3k 66 at
B ok _ at ?ace 3P.d
of . e^_- .^..^. _- , TcwnSr._c �7
Princ_aa; Mer_dLan descr-bed as follows.
Ncrthr,est Corner of said Section 13 ; thence easterly, along the North
of said Section 15 , a distance of 53 . 65 feet; thence southerly, along a
line which forms an angle of 89 023146" with the prolongation of the last
described course (measured clockwise therefrom) , 332. 40 feet to the North
Llne of tine Glad-E11 Subdivision for the point of beginning; thence
northerly, along the last described course, 332. 40 feet to said North Line
of Section 15 ; thence easterly, along said North line, 2833 . 27 feet tc
West line of lands conveyed by Nelson C. Rider t0 jdk-�a W. Rider by
warranty Deed dated October 15, 1911 and recorded in Book 66 at Pace
and depicted in Plat Book 1 at Page 62; thence southerly, along saki :ties-
'line, 291. 58 feet to the Northerly line of the former lands of
Hun- ; thence westerly, along said Norther' • -
_y line, 1 51. 80 _�_-
wester_v, alone a line which if extended would intersect the- Ncr-_," es=
Corner of said Section 15 , a distance of 447 . 72 feet to the ^en �
to � n e
_ cf
Cannonball Tra--1 ; thence scuthw -es�erly along ong said centerline, fee--
tc said of the Glad-Ell Subdivision; thence west__ - , =_DnQ c<,
''c==h -_ne , 750 . 50 feet to the point of beginning; all _n 3_ _ _ _
_._::_�__ ��-_.-_ ---=-•�-� and _.,..ta---=- _ - - - • -- _--_= -.:_ - - - -
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