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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 MAO 2 5 03 i "E ^ N 73°29� Rohr°Od w /l6 /5 / N94'O/'50 E 0,9734• / p3 / /6 5 Northern i � F�34377' � �o ,9L 39I � M SwMwf/dvrw d Sclbn N-31-1 I � Bpi'Iin9i0n x Z / yed 9� a �i S1d0 a / a i N01'30%41F 1 106.90' 1 y1tr g zl`2 a 1 200, a o \IQ� e _� I l nO � iNlr� Sd ic�[��Preuo[Corpor�t�Luit• N w r w I ry ill, A ?j Qo Ii l I o q I ryg _ lttpered !Ir[ IE II V- Jl J—107 We et lfedism StreetLtd. z l / Yorkvi Ile, Illinois 60560 p Il (706)551-0050 I January 5, IM I /�1 1 I / O ll v T° a ro 4076 I l I 1 ,V4--21 u'W l 1039 Cpnnonb011 lk 4W.33' � ��� A 523'.6ZB'W v Ma• N07.191/'W \ b 533.40'?.''w X111 / 1 / 2,967 N33tJl'�7 E ' 1 Z SI7'36%P,'W i \ 75 M' W� f W o 9133 .S o I ♦ m / N92'307, �N 573'30 L 3 \ 'W p�6 tsf I 9443 52709'37"W /I/.94' • S.L"AS 02 R-3397.67. _�'1d3gBN K /460( /73411 �\ 4.62 NMV2' I , 3 NB2'1397 E /27' 511'/,9"2: