Ordinance 1994-22 ORDINANCE NO.
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT OF
DENNIS W. DWYER and BARBARA E. DWYER
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.
PASSED at a regular meetin of the City( Council of the United City
of the Village of Yorkville on 1 .
SIGNED and APPROVED by me, as Mayor, this\L-)� day of 19�
7EFFNETH K. KIT OE JR., ayor
ATTEST:
L
ITY CLERK
SEAL)
y
STATE OF ILLINOIS )
COUNTY OF-kENDALL }
DR4NIS W. DWYER AND BARBARA E. DWYER
UNURD CITY OF TBE VILLAGE OF YORKVILLE
ANNEXATION AGREEMENT
NOW COMES DEVELOPERS, -DENNIS W. DWYER and BARBARA E. DWYER
contract-Purchasers of certain real property described in the attached Exhibit "A" and the United
City of the Village of Yorkville, an Illinois Municipality 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. WIMREAS, each party agrees that it is in the best interest of the owner 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
governmental bodies affected and the Developers and owners to provide for
specific performance standards in the development of the subject property; and
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
G. WHEREAS, the ,Developers have agreed to perform certain conditions
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buoscannany 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 in conformance with each block of zoning set out in the
attached drawing as Exhibit "B", and shall be developed in general conformance
with the concept sketch attached as Exhibit 'B" and incorporated herein by
reference.
B. That all zoning districts contained and approved herein shall be platted in
conformance with the Subdivision Control Ordinance; and all applicable City
Ordinances in effect at the time of platting each respective unit of the subject real
property.
C. That the Developer shall dedicate to the United City of the Village of Yorkville
for park purposes parcels as are requested for park purposes, or in lien thereof
cash contributions 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 improwd with recreation equipment as approved by the City
Council; and shall contain at least 75% of useable land exclusive of detention
areas. Said real property shall be dedicated by Deed to the United City of the
Village of Yorkville at the time that any developer seeks approval of a Final Plat
of Subdivision for any Unit within the entire real property being annexed. Any
Developer constructing a detention facility shall be responsible for its maintenance
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to the City for two years from the date of completion of construction.
D. That the Developer shall contribute to the Yorkville School District cash
contributions in lieu of land contributions in conformance with the City of
Yorkville Land/Cash Ordinance.
E. That the development of the subject property shall be subject to Preliminary Plat,
Engineering approval by City Staff, or outside Review Engineering as elected by
the City, and Final Plat approval by the City Council in conformance with the
City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City
reimbursement of Review Ordinance, City Land/Cash Ordinance, City Storm
Water Control Ordinance, City Transition Fee and Infra-Structure Ordinance.
Developers except to the extent varied by this Agreement shall comply with all
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 at the time commencement of construction is initiated. No change in
City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City
reimbursement of Review Ordinance, City Land/Cash Ordinance, City Storm
Water Control Ordinance, City Transition Fee and- Infra-Structure Ordinances
enacted subsequent to the execution of this Agreement shall alter rrxinimum lot
sizes, setbacks, performance standards on this development. Developers will be
bound by any subsequent changes in BOCA building codes, building material
changes and the like that may be enacted by the City, so long as the same are
applied in a nondiscriminatory manner throughout the City.
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F. That the development plan shall contain green area/benning along Route 71 and
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 setback area
of at least 25 feet in addition to the setback area.
G. That no fencing or buildings shall be permitted on any berming area in said
Subdivision by Developer or any owner. Homeowners may plant shrubbery,
flowers or trees in bermed areas.
H. That no homeowner, or their agent, or employee shall alter in any fashion, any
berming, landscape setback area along Route 71, drainage or detention area within
any lot of said Subdivision.. Developer shall by Unit submit a mass-grading plan
to the City Engineer for each Unit at the time Engineering approval is sought.
I Each individual lot owner shall be responsible to maintain all berming, set-back
area, or detention area located within the property boundaries of any individual lot
within said Development.
I That 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 at the time
of application for building permits. The payment of said transition fee shall be
made upon application for building permit for each individual residential dwelling
unit. Said fees are being paid voluntarily and with the consent of owner and
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Developers. For purposes of the Multi-family units specified within this
Agreement, each individual duplex unit, condominium, or other designated unit
shall be treated as a dwelling unit.
K. State Route 71 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 Illinois
Department of Transportation and the City Engineer.
L. (1) Petitioners and City agree that in order to secure the development of the
subject property, easements are necessary to be acquired by Developers
off-site of the subject property for dedication to the United City of the
Village of Yorkville. The City makes no representation or warranty to the
Petitioner as to the acquisition of said easements although the City shall
co-operate and use its best efforts with the Developers to acquire the same.
(2) Easement acquisition shall be at the sole cost and expense of Developers.
It shall submit plats of dedication for utility easements in the format and
over locations accessible for reasonable extension of utilities to be
approved by the City Engineer.
(3) Installation of all on-site utility improvements, and extension of off-site
utilities shall be at the sole expense of the Developers, as well as payment
of any recapture amounts, if any, required to be paid to Wildwood, Trust,
or Fox Valley Farms if connections are made to water and sewer mains
installed by them.
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(4) The City agrees to negotiate with Developers the passage of a Recapture
Ordinance for any off-site improvements, or on-site improvements
benefiting future developers contiguous or within a reasonable service area
of the subject parcel. Any Recapture shall be done by Ordinance after the
City has reviewed Engineers drawings submitted by Developers, and
approved by a majority vote of the City Council. Review modifications
in sizes and the like may have to be made in order to comply with the
performance standards of the text of the Agreement or in compliance with
the above referenced City Ordinances.
M. (I) The Exhibits attached to this agreement are incorporated herein by
reference and are made a part of this Agreement.
(2) Ordinances annexing the subject property and approving the zoning
classification and Iegal description of each Block corresponding to
a zoning class as set out as Exhibit "C" shall be approved and
executed by the City when the precise metes and bounds legal
descriptions are tendered to the City.
N. This agreement shall be binding upon the successors, heirs, and assigns of each
party hereto.
O. If any portion of this agreement were determined to be invalid the remaining
portions thereof shall be in full force and effect between Developer/owner(s) and
the City.
P. This agreement shall be binding upon each party hereto in terms of performance
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for a period of fifteen years. In the event construction is commenced within said
fifteen year period all of the terms of this agreement shall remain enforceable
despite said time limitation, unless modified by written agreement of the City and
Developer-Owner.
IN WTTIVBSS WHEREOF the undersigned parties have executed this agreement this
—1VA ay of . 1994.
UNITED CITY OF TIM VILLAGE OF YORKVILLE
MAR DEVELOPER
ATTEST:
TT
CL EVELOPER
ESTATE OF FINLEY FITCH, DECEASED
BY.
ALICE ZEMAN, Lqecutor
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, IL 60560
(708) 553-9500
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PRELIMINARY PLAT
YO -24-14-93-089 '
r f
Since the Preliminary Plan has not been approved by the City
Council but the Preliminary Sketch has, the description for areas
to be zoned are based on the approved .sketch.
AREAS TO BE ZONED R-2, SINGLE FAMILY
Lots 1 thru '5; 9 thru. 21, and 35 thru 153 inclusive in Country
Hills Subdivision to the United City of the Village of Yorkville
containing 39 .35 acres more or less and all being situated in
Kendall Township, Kendall County, Illinois .
LOTS TO BE ZONED R-2 DUPLEX
Lots 6, 7, 8.'and 22. thru 34 inclusive. in Country Hills
Subdivision to the United City of the Village of Yorkville
containing 7 . 44 acres more or less and all being situated in
Kendall Township, Kendall County, Illinois.
AREA TO BE ZONED B--3 COMMERCIAL '
Commencing at the Southeast corner of the Southeast Quarter of
Section 4, Township 36 North, Range 7 East of the Third Principal.
Meridian; thence North 000-34 ' -28" East along the East Line of
said Southeast Quarter 798 . 60 feet; thence continuing North
thence
000-34 ' -28" East 375 . 65 feet for a point of beginning;
South 83°-47 ' -35" West 195 . 78 feet; thence South 640-12 ' -13" West
215 . 20 feet; thence North 491-54 ' -17" West 215 . 00 feet; thence
North 760-20 ' -51" West 328 .26 feet; thence North 660-19 ' -15" West
98 . 41 feet; thence North 170-53 ' -11" West 349 .97 feet thence
North 72°--06 ' -49" East 435 . 92 feet; thence North 74°-391 -56" East
669 . 88 feet to the East Line of said Southeast Quarter; thence
south 00 0-34 ' -28" West 737 . 10 feet to the point of beginning
containing 13 .5 acres more or less and all being situated in
Country Hills Subdivision to the United City of the village of
Yorkville, Kendall township, Kendall County, Illinois .
C:\WP5I\LEGAL\DWY3RSU3.LEG
Exhibit "A"
LEGAL DESCRIPTION
That part of the South half of Section 4 and a part of the Northeast 1/4 of section 9 all in
Township 36 North, Range 7 East of the Third Principal Meridian, described as follows:
Commencing at the center of Section 4; thence East along the center line of said Section 26.39
chains to the center of a public road; thence South 52 degrees 45 minutes East along the center
of said road 17.98 chains to the East line of said Section; thence South along the East line of
said Section 17.11 chains; thence South 53 degrees 34 minutes West 35.39 chains; thence North
23 degrees 30 minutes West 39.16 chains; thence North 83 degrees 15 minutes West 1.54
chains; thence North 13 degrees Fast 13.72 chains; thence East 3.44 chains to the East line of
the Northwest 114 of said Section 4; thence South on said East line 1.55 chains to the point of
beginning, (except that part lying Northerly of the center line of Route 71) in Kendall County,
Illinois.
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Accurate Map of
Territory Annexed to the United City of the Village of Yorkville ���
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