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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, 2 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 5 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 6 A: orate Mop of I ' 'Territory Annexed to the (/nited City of the Village of Yorkville /9 20 30 & 29 m, Route/33 I� _ 0 8B' No. 34 s M h o fed a e o PPS tQi l"= zoo' P� N I o i 'o a D v O / V � N p o � 589°05'00"W 132255' I indicates Present Corporate I.imiLs 3 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