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Ordinance 1993-03 ORDINANCE NO. )(I' C(3— AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF William Wrigley Jr Company (49 acres) 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 meeting of the City Council of the United City of the Village of Yorkville on ,Z�i/ , 1913. SIGNED and APPROVED by me, s Mayor, this day of 1993 . KE NETH K. K TTOE . , Mayor ATTEST: 6 kl . ITY CLERK (SEAL) STATE OF ILLINOIS ) SS. COUNTY OF KENDALL ) ANNEXATION AGREEMENT TO THE UNITED CITY OF THE VILLAGE OF YORKVILLE THIS AGREEMENT is made and entered into this day of f CS CLA 19 93, by and between the United City of the Village of Yorkville, Yorkville, Kendall County, Illinois, a municipal corporation, located in Kendall County, Illinois, hereinafter referred to as "City", and William Wrigley Jr. Company of the City of Chicago Cook County, Illinois, hereinafter referred to as "Owner" . W I T N E S S E T H : WHEREAS, the Owner William Wrigley Jr. Company is the owner of land which lies generally North of and contiguous to the existing corporate limits of the City, which said land is more particularly described on Exhibit "A", attached hereto and made a part hereof; and WHEREAS, the Owner is desirous of using said real property described in Exhibit "A" for M-1 Light Manufacturing 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 M-1 Light Manufacturing District purposes, in order to make said real estate a desirable addition to the City; and WHEREAS, the City has requested Owner 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 Owner 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 Owner upon the annexation of the real estate to the Citv to use said real property described in Exhibit "A" for AA-1 Liaht Manufacturina use to be located as shown in the annexation drawing attached hereto, prepared by James Olson Associates, Ltd. , and dated January 5 , 19 93 , and in accordance with the terms and conditions of this Agreement; and WHEREAS, the Owner 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 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. 00 00 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 24, Sections 11-15. 1-1 through 11-15. 1-5, Illinois Revised Statues, 1985, 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 M-1 Light Manufacturing Use District. Said zoning allowing the uses, size, density, areas, coverage, and maximum building heights as set forth on Exhibit "B" for 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 Petitioner-Owner voluntarily annexing to the City, the City will do the following : A) The City shall cause at its expense or through the acquisition of grant and loan funds, to extend Sanitary Sewer and water main parallel with the East side of Route 47 in a Northerly directions, for a distance sufficient to service the plant anticipated to be built on the subject real property as described in Exhibit "A", by Petitioner. Said extension shall occur nolater than the date of completion of plant construction on the site, which date is defined to mean at such time as the employees are occupying the building. No recapture fee shall be charged by the City for the extension of sanitary sewer and water main for said purpose to the Petitioner. B) That in the event the Illinois Department of Transportation requires roadway improvements, other than a normal entrance, said costs shall be paid either by the City, or by third parties, other than Petitioner. Each party to this Agreement has been advised by the Illinois Department of Transportation, that it is anticipated that no signalization or additional turn lanes shall be required at the proposed plant entrance for the applicant's facility. C) That in the event a pressurization tank of 100,000 gallons or less is needed for fire supporession at the site of Petitioner, and the City is not able to deliver adequate water pressure in excess of 20 P.S. I . at a rate of 1 ,500 gallons per minute, the City shall reimburse Petitioner for the construction of said pressurization tank, up to a maximum of $180,000.00, or actual cost of installation, whichever is less, over a period of ten (10) years in equal amortized payments, including interest at such rate as the Yorkvill National Bank charges the City of Yorkville for borrowing purposes at to the date of the completion of such pressurization tank, which payment shall commence on the anniversary date of the completion of said tank and be completed in ten (10) equal installments. -2- 00 do In the event the City is able to deliver sufficient water pressure through its water main extensions to provide fire suppression, then no pressurization tank, in fact, shall have to be built by either party hereto. D) That the City shall cause intervening property owners to annex to the United City of the Village of Yorkville, at its expense, to secure contiguity between the parcel of Petitioner and the City limits of the United City of the Village of Yorkville. E) That upon the execution of this Annexation Agreement, the City shall commence to perform all necessary engineering drawings and bidding, as well as obtaining Illinois EPA Permits for the extension of water and sewer mains to the subject site, at its sole expense. 3. In consideration of the United City of the Village of Yorkville annexing the subject property and extending utilities for service to the subject site, the Petitioner agrees as follows: A) That Petitioner shall proceed with an Amended Annexation Petition, to annex its entire contiguous site to the City limits. B) All property described in the petition located Southerly of Cannonbell Trail shall have A-1 Agricultural District Zoning, and all remaining propety located North of Cannonball Trail shall be zoned M-1 Light Manufacturing District. C) That Petitioner shall submit detailed improvement plans on its site for the construction of its plant, which shall be submitted by the City to BOCA National Building Review System for approval and comment. Petitioner shall reimburse the City for all BOCA Review fees actually incurred by the City in performing a review of the building plans. D) That both parties to this Agreement acknowledge that an additional well site or water tower site may be in the best interest of the City and of Petitioners, for future development on the subject premises. Petitioner agrees to dedicate to the United City of the Village of Yorkville, a water tower or well site of such size adequate to serve the reasonable needs for such purposes, not to exceed one (1) acre in size, at a location mutually agreeable to Petitioner and the City, during the life of this Agreement, at no cost to the City. -3- 0 E) Petitioner acknowledges that the City retains the right to seek recapture from other property owners who may desire to hook in to the extended sewer and water lines, and that said right to recapture shall be the exclusive right of the City. F) That Petitioner shall dedicate utility easements on the East side of Route 47, running parallel with Route 47, for the purpose of extending sewer and water mains. Said utility easements to be thirty feet (30') in width or less, as needed pursuant to EPA regulation and City Ordinance. Petitioner shall further grant easements as are necessary to extend sewer and water mains perpendicular to said utility easements across Petitioner's property, for the purpose of serving Petitioner's building, and future development on the real property of Petitioner. G) Petitioner acknowledges that all of the City's duties to extend sewer and water services and to guarantee sufficient water pressure for fire suppression and installation of roadway improvements are contingent upon Petitioner proceeding with its Amended Petition to Annex the remaining portion of its parcel to the City. 4) 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. 5. 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 Agrement assignees, lessees, and upon any successor municipal authorities of said City. 6. 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: If to the City : City Clerk 610 Tower Lane Yorkville, Illinois 60560 With a copy to: Daniel J. Kramer City Attorney 1107A S. Bridge Street Yorkville, Illinois 60560 If to the Owner : William Wrigley Jr. Company 4V 4* N. Michigan Avenue Chicago, Illinois 1'6� 60W -4- With a copy to: Dallas Ingemunson Attorney at Law 226 S. Bridge Street Yorkville, Illinois 60560 or to such other addresses as any party may from time to time designate in a written ntoice to the other parties. 7. 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. 8. 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 day of • 191'�'• UNITED CITY OF THE VILLLAGE OF YORKVILLE, Kendall County, Illinois BY : K NETH K. 170 J Mayor ATTEST: Cityj Clerk OWNER(S): t Sr. V I -5- ALDERMEN : Z" 17 17 i �. j - -6- EXHIBIT A ' That part of ie "lest Qi_Mrter of Sect. ion 16 40part of the Northwest Quarter of Sect ion 21 , Township 37 North, Range 7 East of the Third Principal Meridian described as follows : Beginning on the. South line of Lhe Blirl inpjon Northern Rai tro<ad right-of-way through said Section aL tlic ESSL line of Illinois Stale Route No. 47 , being (he. Fast ling, of a tract of land described in a Trustee ' s Deed t0 thn People of the State. of Illinois , De.part.ment. of Transportation recorded March 190 1991 as Document. No. 91 - 1532 ; thence northeasterly along said South line, 1003. 19 feet ; thence South along a line which furruh an angle of 81016 '55" with the last descrihed course measured counter-clockwise therefrom, 1715 .54 feel ; lhe.nce weste.rly st right angles to the last dc-scribed course , 750.0 feet ; thencee scniLherly, p9rallet with lhE. Fall line of said Rome 47 a distance of 2071 .71 feet to the North line of a tract of land described in a Warranty Deed recorded May 1t. 1990 as Document No. 90-2720; thence westerly along said North line 210.58 feet to said Last line of Routh 47 ; nort.licrly along said East line, to the point of beginning; in Bristol Township, Kendall County, Illinois and containing appror.imatcl.y 49.00 acres.