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Ordinance 1994-12 * ORDINANCE NO. 1994 - AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF THE ESTATE OF FRED C. MEIER, DECEASED AND ELLEN MEIER 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 7-1-8 of the Illinois Municipal Code, being 65 ILCS 5111-15.1-1 et. seq. 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 A 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 C' Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE on 1994. SIGNED and APPROVED b y me, as Mayor, this day of 1' 1994. -MAYOR'\ ATTEST: CITY CLERK' (SEAL) Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 (708)553-9500 EXHIBIT "A" LEGAL DESCRIPTION The Easterly 50' of the following described real property, T-%T PART OF TER; NORTn'z AST Z/c OF SECTION 20 AND TV—A-T PART OF THE NOR= YYLST 1/a OF SECTION 21, TOWNSHIP 37 NORTH, RATIGE 7 EAST OF THE THIRD PRIZICIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHWEST 1/4 OF SA_TD SECTION 21 WHICH IS TFz' IIriEFtSECTION OF THE CENTER OF BI ACIMERRY CREEK WITH THE CENTER LINE OF STATE BOND ISSUE ROUTE 47; T]EzNCE SOUTH 84 DEGREES S7 NINrLES WEST ALONC- THE, CENTER OF BLACKBERRY CREEK, 369 .5 FEET; THENCE NORTH 78 DEGREE'S 5 bIINUTES WEEST ALONG THE CENTER OF SAID CREEK, 295.0 FEET; THENCE SOUTH 73 DEGREES 28 MINUTES WEST'ALONG THE CENTER OF SAID CREEK, 226.0 FEET; THENCE NORTH l4 DEC=vS 37 1-f-r U ES WEST ALONG AN =STING FENCE LINE, 328.0 FEET TO AN ANGLE IN SAID FENCE LINE; TIs .NCE NORTH 85 DEGREES 39 MNUTES WEST 237.5 FEET TO A 30 INCH ELu TREE ON TFE NORTIi�+'ESTERT,Y BANK OF OLD CMMNYEL; THENCE SOUTH 57 DEGREES 27 =- Tu:'ES WEST 649.2 FEET; T'ZNCE SOUTH 8 DEGREES 25 MINUTES EAST 149 .8 FEET TO T. CENT:'R. LINE OF SAID BLACKBERRY CREEK; =ZNCE SOUTH 49 DEGREES 15 MIN=S WEST ALONG THE CENTER OF S= CP ZK, 190.0 FEET; TF-'r'NCE SOUTH 8 DEGREES 17 ISL =S WEST ALONG T:.=" CENTER OF SAID CRZEK, 97.0 FEET TO A PO= 25 FEET WESTEPLY FPOLj A 32 INC;: L •APLZ TREE ON = PASTBRLY BANK OF SAID CREEK, SAID TREE BEING ON AN EXISTING FENCE LINE E.'t'I'ENDING EASTERLY FROM TTY LAST DESCRIBED POINT; THENCE SOUTH 83 DEGREES 52 MINUTES EAST ALONG AN E-7 gTING FENCE LINE, 1236.5 FEET; TFR�iiC. DIORT^ 9 DEGREES 57 t'LLIr=• ,S EAST ALONG AN EXISTING FENCE LINE 419 .S FEET; THENCE SO= 80 DEGREES 3 MINUTES EAST ALONG AN 7=STZNG FENCE LINE AND ALONG SAID LIME EXTEZ E,O ° S ERLY, 687.5 FEET TO THE CENTERLINE OF SAID ROUTE 47; THENCE NORTr^4P Y ALONG %ID CENTERLINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADI`uS OF 3437.87 FEET 275 .6 FEET TO = POI*IT OF BEGTI`INING (EXCEPT TEAT PART THEREOF F.i,LLING S�tITr.Iil U.S. RCUEZ n47) , IN THE TOWN-SHIP OF BRISTOL, KENDALL COUNTY, LLLINOIS. PPPP- Accurate Map of Territory Annexed to the United City of the Village of Yorkville B/ockberry Creek O I Meier Annexation Strip = •o o� Q� O I ° I o� 0 I 9 o I Q. ioo' kz W � m Hoidiman o I f Annexation Strip . - o r m I I Q, O Q3 2 I rn I � v Prepared By: Cb James M. Olson Associates, Ltd. v 107 West Madison Street Yorkville, IL 60560 April 14, 1994 90 oad 501 e Line 40, CenW • � I Kro...,,r No. 5369 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 21st day of April, 1994, by and between the UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois, a municipal corporation, located in Kendall County, Illinois, hereinafter referred to as "City", and THE ESTATE OF FRED C. MEIER, DECEASED AND ELLEN MEIER, of the City of Yorkville, Kendall County, Illinois, hereinafter referred to as "Owners". WITNESSETH : WHEREAS, the Owners, THE ESTATE OF FRED C. MEIER AND ELLEN MEIER are the owners of land which lies generally North and West of and contiguous to the existing corporate limits of the City, which said land is more particularly described in Exhibit "A", attached hereto and made a part hereof; and WHEREAS, the Owners are desirous of using said real property described in Exhibit "A" for R-2 Single Family Residential District use, and is desirous of assuring to it that said land can be used for said purposes if said land is annexed to the City of Yorkville; and WHEREAS, the Owner has presented, and the City has considered the tracts of land herein described for R-2 Single Family Residential District purposes, in order to make said real estate a desirable addition to the City; and WHEREAS, the City has requested Owners to annex the said land into the City and its 1 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 Owners and the City; 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 to the City in an orderly manner; and WHEREAS, it is the intention of the Owners upon the annexation of the real estate to the City to use said real property described in Exhibit "A" for R-2 Single Family Residential District use to be located as shown in the annexation drawing attached hereto, prepared by James Olson Associates, Ltd., and dated 1994, and in accordance with the terms and conditions of this Agreement; and WHEREAS, the Owners and its rep;esentatives have discussed the proposed annexation and have had public meetings with the Plan Commission, and the City Council; and prior to the execution thereof, 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 premises and covenants herein contained, the parties agree, under the terms and authority provided in Chapter 65 ILCS 5111-15.1-1 (1992), as follows: 1. ANNEXATION AND ZONING: The City shall adopt an Ordinance annexing to the City, all of the real estate described in Exhibit "A" and the City in said Ordinance shall zone the real estate described in Exhibit "A" subject to the fizrther terms of this Agreement as R-2 Single Family Residential District. Said zoning allowing the uses, size, density, areas, coverage, and maximum building 2 heights as set forth in Exhibit "B" for R-2 Single Family Residential District, 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 Petitioner-Owners voluntarily annexing to the City, the City will do the following: A) Petitioner-Owners and their successors, heirs, and assigns shall be given free water and sewer hook- ups, 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. B) The City shall pay the cost of preparing all annexation drawings, petitions and public notices. The City further agrees to waive all annexation fees. C) Until such time as the Owners are able or desirous of hooking up to City water main and/or the sewer 3 r I main, the UNITED CITY OF THE VILLAGE OF YORKVILLE shall rebate to said owners, the difference between the amount of real estate taxes Owners are charged on an annual basis, had the subject property not been annexed to the City, and the amount actually billed. Said agreement to rebate taxes shall only terminate upon the Owners hooking up to City water and sewer services. Owners shall be permitted to present said bill for recovery of the real estate taxes rebate immediately upon its receipt each year. D) In the event Petitioners or their successors, heirs and assigns desire to annex and zone as R-2 Single Family Residential District the remaining contiguous property to the west owned by Petitioners, the City agrees to authorize the annexation of that parcel of real property. 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 and Impact Fee Ordinance of the City in the development of the real estate herein described in the event of any future development on the subject property. 4. BINDING EFFECT AND TERM: This Annexation Agreement shall be binding upon 4 and inure to the benefit of the parties hereto, successors, owners of 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 Owner: The Estate of Fred C. Meier c/o Harlan & Shirley Wiley 208 W. Washington St. Yorkville, IL 60560 or to such other address as any party may from time to time designate in a written notice to the other parties. 6. 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. 7. ENACTMENT OF ORDINANCES: The City agrees to adopt any ordinances which 5 . 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. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this �\�Fay of 1994. UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois. BY: KE TH K. KftT'0lYJR., Ni or ATTEST: C P/14 0 C Y LE OWNERS: THE ESTATE OF FRED C. MEIER, DECEASED AND ELLEN MEIER BY: lam/ HARLAN WILEY BY: SHIR4Y WILEV ALDERMEN: —77X YcOo&A, 11. G� / r C 6 EXHIBIT "A" LEGAL DESCRIPTION The Easterly 50' of the following described real property, T::;,-T PART OF Trt. NOPTim;%.ST J'/'L OF SECTION 20 AND TF_A.T PART OF Tr NORi Y7-ST 1/4 OF SECTION 22., TOWNSHIP 37 NORTH, RANGE 7 EAST OF TFIE THIRn PRTrICIPAL rx7z D E SC:.T=ED AS FOLLOWS: BEGMTNTNG AT A POINT III TFs= NORTHWEST 1/4 OF SA2D SECTION 21 Wr_IC:: IS Tom' 1Y.17E ZSECTION OF TF- CENTER OF BLA=NARY CREEK WITH Tr.^ C=-. LATE OF S= BOND ISSUE ROUTE 47; =-ENCE SOUTH 84 DEGREES 57 LMt'i?S WEST ALC`iG TF-`2 CE=R OF BLACKBERRY CREEK, 369 .5 FEET; MENCE NORTH 78 DEG.=-=ES 5 bMN=zS WEST ALONG 2-LE CENi?R OF SAID C-REEK, 245.0 FEE._; T=-NCE SO=LH 73 DEG._'nS 28 ZLLNuTES 'rTEST"ALONG THE CENTER OF SAID CREEK, 226.0 FEET; =-NC E NORTE 14 DEC-_='ES 37 1-11=2S WEST ALONG AN =STING FMCS LINE, 328.0 FEET TO AN ANGLE IN SAID FENCE LINE; =-NCE NORT:F 85 DEGREES 39 I-MNQTES WEST 237.5 FEET TO A 30 =;=-! E Lu TREE ON Tr NORThweSTERLY BANK OF OLD CMUUq=-L; THENCE SOi1TFi 57 DEGrM:'S 27 2SIiv^ES WEST 649 .2 FEET; TIEZZICE SC=.r's 8 DEGREES 25 NI=ZS EAST 149.8 c_="aT TO T.E CENTER. LITQ OF SA-TD BLACKBERRY CREEK; TF:=NCE SO= 49 DEGREES 15 ==.%.S WEST ALONG CENTER OF S= CPz EK, 190.0 FEET; TFT.rNCE SO= 8 DEGREES 17 MINUTES WEST ALONG T:a CENTER OF SAID C-WEK, 97.0 FEET TO A PO= 25 FEET Sv'EST P.LY FPOm A 32 INaa ILAPLE TREE ON M- EAS—MRLY BANK OF SAID CREEK, SAID TREE BEING ON AN =r_T_STING FENCE Li'_`IE =:=1ENDING EASTERLY FROM Tfi.'✓ LAST DESCRIED POINT; Tf-. DiCE So= 83 DEGREES 52 MT'iYQT_.'S EMT ALONG AN EX STING FENCE LINE, 1236.5 FEET; THEtIC NO= 9 DEGREES S7 EAST ALONG AN Z:tZSTING FENCE LINE 419 .5 FEET; TEUTCE SO= 80 DEG~`ES 3 ?°'yNQTES AST ALONG AN =STING FENCE LINE AND ALONG SASD LINE EXTENDED ,ST RLY, 687.5 FEST TO TEE CZNT: RUNE OF SAID ROUTE 47; THENCE NORT_=?,Y ALONG _1=LID CENT==. ,INB, BE=RG ALONG A CARVE TO TF-. : LEFT FAVING A RADI`uS OF 3437.87 275 .6 .EE U.S. TO ME POINT OF BEGT_N'NING (EX=.-PT T= PART THEREOF F.VLLING WIT:iIN U.S. RCL'':'r '#L47) , IN TEES TO-MiSHMP OF BP.ISTOL, -.=NDALL CO=-, IMLI-NOIS. Accurate Map of Territory Annexed to the United City of the Village of Yorkville B/ockborry Creek 40 \ eier ,oar°tea s O I \ N Annexatlon Strip do--bs9�o c N \ I o I � i oQi � I I Y 90 ( ^ O Q \ i01 r (b �. l , 1 Hoidiman Annexation Strip ° I Cb I rn I r_ m I Q; o a� � I � o 0 Prepared By: x James M. Olson Associates, Ltd. v 107 West Madison Street Yorkville, IL 60560 50� April 14, 1994 25' oad Ken e L10 40' Center Kromer Accurate Map of Territory Annexed to the United City of the Village of Yorkville �B/ackbe��y Creek ti 40. `°' ,gym° s � o OL'OO�.,F Annexatlon Strip do�0�9�0 0 \o O v I N N O I �� I � I Y 90 O / /00, I i I co Hoidiman o I Annexation Strip 1 p I \b I r m I V� a I n Q3 Prepared By: x James M. Olson Associates, Ltd. v 107 West Madison Street Yorkville, IL 60560 April 14, 1994 nne P M 4c" —Cenler i krdme+r lVn,5369