Ordinance 1993-05 ORDINANCE NO. �� 3
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT OF
WM. WRIGLEY JR. COMPANY 306.43 acres (Includes 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 Ey hrobw �77� 19 •
SIGNED and APPROVED by me, as Mayor, this,,, day of 19
C
KEN ETH K. KI TOE J Mayor
ATTEST:
CITY 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 0,, .day of 2 ,
19 93, by and between the United City of the Village of Yorkville, Yorkville; ;
Kendall County, Illinois, a municipal corporation, located in Kendall County,J
Illinois, hereinafter referred to as "City", and Wm. 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 Wm. 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 "All for M-1 Light Manufacturing District use, and A-1 Agricultural
District use as to the real property located South of Cannonball Trail;
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
use, and A-1 Agricultural District use as to the real property located South
of Cannonball Trail, 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 City to use said real property described in Exhibit
"A" for M-1 Light Manufacturing District, and A-1 Agricultural District
as to the real property located south of Cannonball Trail, 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
t .
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.
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
District, and A-1 Agricultural District, and the real property located South
of Cannonball Trail shall be zoned as A-1 Agricultural District.
Said zoning allowing the uses, size, density, areas, coverage,
and maximum building heights as set forth on Exhibit "B" for M-1 Light
Manufacturing District use, and A-1 Agricultural District use as to the
real property located South of Cannonball Trail. 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:
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.
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.
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 Agrement 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:
If to the City: City Clerk
610 Tower Lane
Yorkville, Illinois 60560
-2-
With a copy to: Daniel J. Kramer
City Attorney
1107A S. Bridge Street
Yorkville, Illinois 60560
If to the Owner: William Wrigley Jr. Company
46 N. Michigan Avenue
Chicago, Illinois 60613
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.
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 2 f ay of 'Ar-r
-T--L
UNITED CITY OF THE VILLLAGE OF
YORKVILLE, Kendall County, Illinois
BY
KENNETH K'. T OE JR.\ Mayor
ATTEST:
City Clerk
-3-
OWNER(S):
vp
ALDERMEN :
-4-
XHIBIT ' ' LEGAL C11PTIO
pAFCEL pNE; That part of Section 16 and part of the North half of
Section 21, Township 37 North, Range 7 East of the Third Principal
Meridian, described as follows: Commencing at the Northwest corner
of the Southwest Quarter of said Section 16; thence North 88
degrees 01 minutes 50 seconds East along the North line of said
Southwest Quarter 165. 0 feet; thence South 0 degrees 32 minutes 56
seconds East 624 . 70 feet to the Southerly line of the right of way
of Burlington Northern, Inc. ; thence North 73 degrees 29 minutes
04 seconds East along said Southerly line 576. 0 feet to the
Easterly line of State Route 47 for the point of beginning; thence
th th
South 7 degrees 48 minutes 23 seconds East along said Easterly
line 2998.21 feet to a point of curve; thence Southeasterly along
said Easterly line, being along a curve to the left having
North 62
radius of 3397 . 87 feet, a distance of 633 .82 feet; thence
degrees 53 minutes 57 seconds East 554. 62 feet to the center line
of Boomer Lade; thence North 4 degrees 27 minutes 54 seconds East
along said center line 618 .84 feet to the center line of
Cannonball Trail; thence North 82 degrees 40 minutes 339sconds
East along the center line of Cannonball Trail 1221.770 feet;curve
thence Northeasterly along said center line, being Q
to the left having a radius of 2046. 30 feet, a distance of 527 . 34
feet; thence North 67 degrees 54 minutes 44 seconds East along
said center line 407 . 60 feet; thence North 16 degrees 44 minutesof
20 seconds West 3280 . 61 feet to the Southerly
way of said Burlington Northern, Inc. ; thence South 73 degrees 29
minutes 04 seconds West containing Souherly
the point of beginning, Illinois,
of Bristol, Kendall County,
and
PARCEL TWA That part of the East half of Section 16 and part of
the Northeast Quarter of Section 21, Township 37 North, Range 7
East of the Third Principal Meridian, described as follows:
Commencing at the point of intersection of the center line of
Cannonball Trail with the center line of Boomer Lane;
thence Norte
82 degrees 40 minutes 39 seconds East along the center line of
said Cannonball Trail 1221.70 feet; thence Northeasterly along
said center line, being along a curve to the left having a radius
of 2046. 30 feet; a distance of 527.34 feet; thence North 67
degrees 54 minutes 44 Seconds East along said center line 407 . 60
feet for the point of beginning; thence North 16 degrees 44
minutes 20 seconds West 3280. 61 feet to the Southerly line of the
right of way of Burlington Northern, Inc. ;
thence North 73 degree
29 minutes 04 seconds East along said Southerly line 993 . 36 feet
to the East line of the West Half of the Northeast Quarter of sai
Section 16; thence South 0 degrees 38 minutes 11 seconds East
along said East line 374 . 23 feet to the North line of the
Southeast Quarter of said Section 16; thence North 88 degrees 01
minutes 50 seconds East along said North line 1087. 34 feet to the
center line of Cannonball Trail; thence Southwesterly along said
center line, being along ofc81. ,38tfeet� radius of
3437 .70 feet, a distance
said center line 824 . 03 feet; thence
minutes 18 seconds West along a radius of 573 . 0 feet►
Southerly along a curve to the left having
distance of 570.73 feet; thence south 16 delinesextendedt2551. 18
a d said center line a
seconds East along creek; thence South
feet to the present center line of Blackberry said center line 58 . 04
23 degrees 16 minutes 26 seconds
minutes 25 seconds west
m along 53 West
feet; thence South 52 degrees thence South 33 degrees
said center line 61. 30 feet;
said center line 126 . 67 feet; thence South 8
seconds West along said center line 94 . 33
degrees 38 minutes 12 seconds West along along
feet; thence North 52 degrees 30 miinu. 73saegr��sWaptminutes 56
said center line 78.77 feet. thence South
seconds West along said center est line alon43 feet; c
said center s 111.94
degrees 09 minutes 37 seconds West g
feet; thence South 31 degree s 16eu South 211e degrees a18 minutes
said center line 146. 04 feet th enc
27 seconds West along said center line 55.32 feet to the Northerly
line of the Kennedy Farm; thence South 81 degrees 33 along min tOS 16
seconds West along said Northerly line long 180- 18 aid said line
83 degrees 56 minutes 44 seconds West
286. 60 feet: thence North 48 degrees 42amlineedrawns South s16e6t
along said Northerly line 1.27 feet t the point of beginning;
degrees 44 minutes 20 seconds East from said line
containing 102 .40 scree:
thence North 16 degrees �4 �ibeginning;tsecands West along
1072 . 03 feet to the pain Illinois•
in the Township of Bristol , Kendall County,
Accurate.Mop of
Territory Annexed to the United City of the VVIage of Yorkvi//e
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