Ordinance 1994-17 i
. ORDINANCE NO. 1994 - I 1
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT FOR
CLARENCE HOLDIMAN, SANDRA HOLDIMAN, SHARON BAZAN
BRIAN HOLDIMAN, BETH HOLDIMAN, AND CLARENCE R. BAZAN
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
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 Ci Council of the UNITED CITY OF THE
VILLAGE OF YORKVILLE on 1994.
SIGNED and APPROVED by me, as Mayor, this day of
1994.
MAY
ATTEST:
IT CLERK
(SEAL)
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
(708)553-9500
STATE OF ILLINOIS ) Revised 04/27/94
ss.
COUNTY OF KENDALL )
ANNEXATION AGREEMENT TO
THE UNITED CITY OF THE VILLAGE OF YORKVILLE
THIS AGREEMENT is made and entered into this 7 day of c. 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 CLARENCE HOLDIMAN, SANDRA HOLDIMAN, SHARON BAZAN, BRIAN
HOLDIMAN, BETH HOLDIMAN, and CLARENCE R. BAZAN, of the City of Yorkville,
Kendall County, Illinois, hereinafter referred to as "Owners".
WITNESSETH :
WHEREAS, the Owners, CLARENCE HOLDIMAN, SANDRA HOLDIMAN, SHARON
BAZAN, BRIAN HOLDIMAN, BETH HOLDIMAN, AND CLARENCE R. BAZAN 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 A-1 Agricultural 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 A-1 Agricultural District, in order to make said real estate a desirable
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addition to the City; and
WHEREAS, the City has requested 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 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 A-1 Agricultural 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 representatives 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 further terms of this Agreement as A-1
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Agricultural District.
2. The City agrees that in consideration of Petitioner-Owners voluntarily annexing to the
City, the City will do the following:
A) Petitioners-Owners and their successors and heirs,
shall be given unlimited 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 fifty
(50) 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. Water and
Sanitary sewer main extensions will be made
available upon request of Petitioners within a
reasonable rime.
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
main, the UNITED CITY OF THE VILLAGE OF
YORKVILLE shall rebate to said owners, the
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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, and the rebate shall only cease for
the specific area of real property that is being
developed. 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, R-3 Residential District,
or B-1, B-2, or B-3 Business District the remaining
contiguous property to the west owned by
Petitioners, the City agrees to authorize the
annexation of that parcel of real property.
E) City agrees that no forced annexation of the
adjoining property owned by Petitioners-Owners will
ever be undertaken.
The City further agrees that the legal description
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annexed shall not include the house in which Clarence
Holdiman & Sandra Holdiman reside.
F) City will request and aid Petitioners-Owners in
obtaining up to three highway cuts on Route 47 on
the West side of that road from the Illinois
Department of Transportation, should Petitioners-
Owners desire to develop the adjoining property and
the subject property being annexed to the City of
Yorkville.
The City will at its expense construct one entrance
to the real property of Owners-Petitioners, which
was previously annexed to the City of Yorkville on
the East side of Route 47, by Owners-Petitioners at
the time they wish to commence development of
that property. Owners & Petitioners shall have the
Choice of location from the City.
G) That in the event development is proposed on the
East or West Side of Route 47 by Petitioners and
Developers, the City will not seek a frontage road
running parallel with Route 47; and will not attempt
to request a land donation of land to locate a park
or school site on the subject property, or for any
5
other public purpose.
The City will entertain a Petition to rezone the front
of the subject property West of Route 47 to B-1,
B-2, B-3 Business District in the event Petitioners-
Owners are desirous of that zoning and the
remainder of the subject property to the West shall
be considered for R-2 or R-3 Residential District.
The depth of any B-1, B-2 or B-3 zoning for
Business District would be at a depth west of Rt. 47
satisfactory to the Petitioners.
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 by
Owners and Petitioners.
4. BINDING EFFECT AND TERM: This Annexation Agreement shall be binding upon
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:
6
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: Clarence Holdiman & Sandra Holdiman
Brian Holdiman
Beth Holdiman
3531 Rt. 47
Yorkville, IL 60560
Sharon Bazan
8801 Kennedy Rd.
Yorkville, IL 60560
Clarence R. Bazan
303 E. Fox St.
Yorkville, IL. 60560
With a Copy to: Louis E. Neuendorf, Attorney
222 E. Railroad Street
Sandwich, IL. 60560
or to such other address as any party may from time to time designate in a written notice to the
other parries.
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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
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
�Z day of P i , 1994.
UNITED CITY OF THE VILLAGE OF YORKVILLE,
Kendall County, Illinois.
BY: 1
KENNE K. KITTOE JR., May
ATTEST:
C Y LE
OWNERS:
BY:
CLARENCE HOLDIMAN
BY: ,x l
SANDRA HOLDUvAN
8
BY: diI _ti y
SHARON BAZ
i
BY: L�ti
BRIAN HOLDIN AN
BY:
BETH HOLDIMAN
BY: � �-�z- ✓ jam a-�t
CLARENCE R. BAZAN
ALDERMEN: I
1
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
(708)553-9500
9
March 31, 1994
Revised: May 5, 1994
Legal Description for the City of Yorkville
Holdiman Annexation Strip #5369
That part of the West Half of Section 21, Township 37 North, Range 7 East of the Third Principal
Meridian lying adjacent to, parallel with and 90.0 feet to the left of the following described line:
Beginning at the intersection of the center line of Illinois State Route No. 47 with the South Line of
Kennedy Road extended westerly, thence northerly along said Route No. 47 center line, 100.31 feet,
thence northerly along said center line, being along a tangential curve to the left having a radius of
?8.90 feet,an arc distance of 869.60 feet to the Southeast corner of a tract of land conveyed to
Harold B. Spackman by a Warranty Deed recorded July 25, 1953 as Document No. 105980 for the
terminous of said line in Bristol Township, Kendall County, Illinois (except the southerly 160.0 feet of the
westerly 25.0 feet thereoO.
MAV R iy 6
Accurate Map of
Territory Annexed to the United City of the Village of Yorkville
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Prepared By: x
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James M. Olson Associates, Ltd. v
107 West Madison Street 90
Yorkville, IL 60560
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April 14, 1994
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Kromer No. 5369