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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 1 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 2 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 3 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 4 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. 7 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 _ B/ockberry Creek 40 \ � I \ QN% p Meier yO ip°ter Annexation Strip �9(90 0 -� � oc� N U' o I - 0 I � I Y 90 r ^ O �+ Qi � I A Ho/dimon Annexation Strip °- I �-D 3 O I `b u I I I Q 10 rn I � o Prepared By: x a44 James M. Olson Associates, Ltd. v 107 West Madison Street 90 Yorkville, IL 60560 50 ; April 14, 1994 25� O one 4O, center Kromer No. 5369