Ordinance 1994-26 ORDINANCE NO.
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT OF
Merchants National Bank as Trustee under Trust #2175
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 65 1 LCS
5/11-15. 1-1 et. seq. , 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 meeti of the City Council the United City
of the Village of Yorkville on `� 19
SIGNED and APPROVED by me, as Mayor, this day of 1
K NETH . KITT E JR., Mayor
ATTEST:
TY LERK
(SEAL)
STATE OF ILLINOIS )
SS
COUNTY OF KENDALL )
ANNEXATION AGREEMENT TO
THE UNITED CITY OF THE VILLAGE OF YORKVILLE�
IS AGREEMENT is made and entered into this I day of
A-14 OF 1994, by and between the United City of the
Vil age f Yorkville, Kendall County, Illinois, a municipal
corporat on, located in Kendall County, Illinois, hereafter
referred to as "City", and MERCHANTS NATIONAL BANK OF AURORA, NOT
PERSONALLY BUT AS TRUSTEE UNDER THE PROVISIONS OF A DEED IN TRUST
DATED THE SECOND DAY OF OCTOBER, 1973, AND KNOWN AS TRUST NO.
2175, of the City of Aurora, Kane County, Illinois, hereinafter
referred to as "Owner" .
WITNESSETH:
WHEREAS, the Owner, MERCHANTS NATIONAL BANK OF AURORA, NOT
PERSONALLY BUT AS TRUSTEE UNDER THE PROVISIONS OF A DEED IN TRUST
DATED THE SECOND DAY OF OCTOBER, 1973, AND KNOWN AS TRUST NO.
2175, is the owner of real estate which lies generally West of
and contiguous to the existing corporate limits of the City,
which said real estate is more particularly described on Exhibit
"A" , attached hereto and made a part hereof; and
WHEREAS, the Owner is desirous of using said real estate
described in Exhibit "A" for O-OFFICE BUSINESS DISTRICT use and
is desirous of assuring to it that said real estate can be
subdivided and used for said purposes if said real estate is
annexed to the City of Yorkville; and
WHEREAS, the Owner has presented and the City has considered
the tract of land herein described for O-BUSINESS BUSINESS
DISTRICT uses in order to make said real estate a desirable
addition to the City; and
WHEREAS, the City has requested Owner to annex the said real
estate 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 Owner and the City; and
WHEREAS, all parties to this Agreement are desirous of
setting forth certain terms and conditions upon which the real
estate herein described will be annexed to the City in an orderly
manner; and
WHEREAS, it is the intention of the Owner upon the
annexation of the real estate to the City, to use said real
estate described in Exhibit "A" for O-OFFICE BUSINESS DISTRICT
uses to be located as shown in the annexation drawing attached
hereto, pre ared by James Olson Associates, Ltd. , and dated
193 , and in accordance with the terms
and conditions of this Agreement; and
WHEREAS, the Owner and its representatives have discussed
the proposed annexation and has had public meetings with the Plan
Commission and the City Council; and prior to the execution
hereof, 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, Illinois Compiled
Statutes, Sections 5/11-15 . 1-1 through 5/11-15 . 1-5, as amended,
as follows :
1 . ANNEXATION AND ZONING: The City shall adopt an
ordinance annexing to the City all of the real estate described
on 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 O-OFFICE BUSINESS DISTRICT.
Said zoning shall allow the uses, size, density, areas,
coverage, and maximum building heights as set forth on Exhibit
"B" for O-OFFICE BUSINESS 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 the Owner
voluntarily annexing to the City, the City will do the following:
a) Owner and its successors, heirs and assigns shall be
given free water and sewer hookups for all lots and buildings in
the subdivision, the City hereby waiving any fees customarily
paid to the City on real estate being annexed to the City and
subdivided, for a period of 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 not allow any developer or other
party to charge Owner or its successors, heirs and assigns any
recapture fees for water or sewer main extensions .
C) The City shall pay the cost of preparing all
annexation drawings, petitions and public notices . The City
further agrees to waive all annexation fees . The City agrees
that it shall waive any transition, developmental or impact fees
now in existence, or which may be created by future legislation,
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for the s�iject annexed property, so long as it is a=eloped for
uses other than residential.
d) The City shall rebate to Owner the difference
between the amount of real estate taxes Owner is charged on an
annual basis, had the subject real estate not been annexed to the
City, and the amount actually billed. That is, the City' s
portion of the real estate taxes shall be rebated.
It is the intention of the Owner (and its successors) to
develop and subdivide the real estate. This agreement to rebate
real estate taxes shall terminate as to the platted portions of
the real estate upon recording of the final plat of subdivision
of each unit of the real estate, and shall, in any event,
terminate as to specific portions of the real estate upon hookup
to City sewer and water services .
Owner shall be permitted to present said real estate tax
bill for recovery of the real estate taxes or real estate tax
rebate immediately upon receipt each year.
e) The City warrants to the Owner that sufficient P/E
(Population Equivalents) exists to serve the entire parcel being
annexed for sanitary sewer service on a 14 inch sewer line
currently existing East of the subject property. The City
warrants that said sanitary service is available and that the
City will reserve sufficient P/E to satisfy the sanitary sewer
demands for the development of the subject parcel of real estate
being annexed herein.
3 . COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE: Except
as herein modified or varied, the Owner 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.
4 . BINDING EFFECT AND TERM: This Annexation Agreement
shall be in full force and effect for a period of 15 years from
and after its approval and execution by the City of Yorkville.
All of the terms and provisions hereof shall be binding upon and
shall inure to the benefit of the Owner, its heirs, successors,
and assigns and shall be binding upon and shall inure to the
benefit of any successor municipal authorities of the City or any
successor municipality.
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 :
3
If to the City: City Clerk
610 Tower Lane
Yorkville, IL 60560
With a copy to: Daniel J. Kramer
City Attorney
1107A South Bridge Street
Yorkville, IL 60560
If to the Owners : Merchants National Bank of Aurora
Attention: Trust Department
34 South Broadway
Aurora, IL 60507
and John G. Conover
Game Farm Road
Yorkville, IL 60560
With a copy to: Thomas W. Grant
Attorney at Law
PO Box 326
Yorkville, IL 60560
or to such other addresses 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 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 WHER OF the undersig have hereunto set their
hands and seals this day of 1994 .
UNITED CITY 01 THE VILLAGE OF
YORKVILLE, Kendall County, Illinois
BY:
4 neth Kitto Jr. , 7�- or
ATTEST: [t_.�
C y Cl erk
4
OWNER:
THE MERCHANTS NATIONAL BANK OF AURORA,
NOT INDIVIDUALLY BUT AS TRUSTEE UNDER
TRUST AGREEMENT DATED OCTOBER 2, 1973
AND KNOWN AS TRUST NO. 2175
BY:
Trust Officer
Tt EST ,' This instrument is executed by THE MERCHANTS NAM-NAL BANK
jstc� ,; ztp,.-e- .
p-'-,-.,l!:y 1"it �3(1,oly as Aii ih,�
OF
1--v 7PE
Ttl
ci binding oily thal portion Of tho trust pj�,,pLrly spcciflc�Aiy de-
scribed herein.
Johirf G. Conover
DW10\A: \ANNEXED1
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EXHIBIT "A"
LEGAL DESCRIPTION
That part of the Northeast Quarter of Section 30, Township 37
North, Range 7 East of the Third Principal Meridian described as
follows : Commencing at the Northeast corner of said Northeast
Quarter; thence South 00 39 ' 10" East along the East line of said
Northeast Quarter 378 . 90 feet to the North right of way line of
U. S . Route No. 34 for a point of beginning; thence South 00 39 '
10" East along said East line, 1532 .20 feet; thence South 890 05 '
00" West, 1322 . 55 feet to the West line of the East Half of said
Northeast Quarter; thence Northerly along said West line, 1670 . 29
feet to said North right of way line; thence Easterly along said
North line, 1330 . 88 feet to the point of beginning in Bristol
Township, Kendall County, Illinois and containing 48 . 647 acres .
CONOVER
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A: orate Mop of I '
'Territory Annexed to the (/nited City of the Village of Yorkville
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589°05'00"W 132255'
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indicates Present Corporate I.imiLs
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Prepared By:
James M. Olson Associa[es, LLd.
107 W. Madison SL.
Yorkville, Illinois 60560
April 1, 1993
i'�l�- "t L:vAvil/P I/MMVPr t-1 n/WI) Nn 4941-A