Ordinance 1993-08 ORDINANCE NO. 1993-08
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT OF
American National Bank & Trust Company as Trustee under Trust
#114442-05, created 8/26/91 .
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 meetin of tl e City Council Df the United City
of the Village of Yorkville on q�1 19
SIGNED and APPROVED by me, as Mayor, this eday of
KE14NETH K. KI TOE JR. 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 -day of A�,
19 '13 . by and between THE UNITED CITY OF THE VILLAGE OF YORK LE, Yorkville,
Illinois a municipal corporation, located in Kendall County, Illinois, hereinafter referred to as
"City", and American National Bank & Trust Co., as Trustee under Trust #114442-05, created
8/26/91, of the City of Chicago, Cook County, Illinois, hereinafter referred to as "Owner".
WITNESSETH:
WHEREAS, the Owner, American National Bank & Trust Company as Trustee under
Trust #114442-05, created 8/26/91 is the owner of land, which lies generally South 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 B-3 Highway Business 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 B-3 Highway Business District purposes in order to make said real estate a
desirable addition to the City; and
WHEREAS, the City has requested the 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 raeal estate to the
City to use said real property described in Exhibit "A" for business and commercial use to be
located as shown in the annexation drawing attached hereto, prepared by James Olson &
Associates and dated January 15, 1993, and in accordance with the terms and conditions of this
Agreement; and
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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 promises 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 Statutes, 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 on Exhibit "A", subject to the further terms of this Agreement as B-3
Highway Business District.
Said zoning allowing the uses, size, density, areas, coverage, and maximum building
heights as set forth on Exhibit "B", B-3 Highway 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 Petitioner-Owner voluntarily annexing to the
City, the City will do the following:
A) Petitioner-Owner and their successors, heirs, and assigns, shall be given one
free water and one free City sewer hook-up, waiving any fee customarily paid to the city on land
being annexed to the city for a period of fifteen (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 then water and sewer main
extensions will be made available.
Petitioner and City acknowledge that the City is embarking upon a plan to extend
the sewer and water main through the subject parcel of real estate. The owner shall allow the
City easements for the purposes of installing that City water main and City sewer, at a location
to be mutually agreed upon by the parties, at no cost to the City of Yorkville for the acquisition
of said easements.
In the event a water meter in excess of I" is necessary for water service, the cost
in excess of the 1" meter, shall be paid by the user.
B) The City shall not allow any Developer or other private party to charge
Petitioner-Owner, or their successors, heirs, and assigns for recapture in order to hook-up to a
water or sewer main extension.
It is anticipated that the City of Yorkville, through either a low cost loan, bonding,
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or other means will provide the initial money for the extention of a sewer main and water main
extending through Petitioner's property as well as surrounding property for the purpose of
providing utility services to the same. The City of Yorkville reserves the right to charge a
recapture or hook-up fee on a non-descriminatory basis, in proportion to all properties benefitted
for the initial cost of running said sewer main and water main, to be charged at time of hook-up
to each service for the purpose of financing the extension of said water main and sewer main.
C) 1. Owner shall be permitted, without further Public Hearing, to amend the
zoning on up to 60 acres of real property as described in Exhibit "A" for M-1
Limited Manufacturing purposes.
2. Nothing contained herein shall be deemed to constitute an approval of the
platting or location of said manufacturing area. Owner must present a
preliminary and final plat in conformance with the Subdivision Control
Ordinance for approval of on-site development.
3. City and Developer both acknowledge that the City will require Developer to
place a main, east-west collector street within the Development, so as to
provide a smooth and orderly traffic flow. Said street shall be platted at the
time that the Developer comes in with a preliminary plat for the development
of the subject parcel.
D) 1. Owner shall be permitted, without further public hearing, to amend the
zoning on up to 60 acres of real property as described in Exhibit "A" for R-2
Single Family District.
2. Nothing contained herein shall be deemed to constitute an approval of the
platting or location of said residential area. Owner must present a preliminary
and final plat in conformance with the Subdivision Control Ordinance for
approval.
E) It is anticipated by the City and Owner, that Owner shall be allowed to continue to
pursue agricultural purposes on the subject land until the time of said development, without any
increase in real estate taxation as a result of change of zoning. Owner understands that the City
shall be added as a separate taxable entity on the real estate tax bill issued for said parcel, but
the real property shall still be assessed for agricultural purposes until development is commenced.
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 Transition Fee Ordinance of the City in the development of
the real estate herin described in the event of any future development on the subject real property.
4. BINDING EFFECT AND TERM: This Annexation Agreement shall be binding upon
and insure to the benefit of the parties hereto, successors, owners or record of land which is the
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subject of this Agreement 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, IL 60560
With a copy to: Daniel J. Kramer, City Attorney
1107A S. Bridge St.
Yorkville, IL 60560
If to the Owners: American National Bank & Trust Company
as Trustee under Trust #114442-05
c/o Inland Land Appreciation Fund L.P. H
2901 Butterfield Road
Oak Brook, IL 60521
or to such other addresses as any party may from to time designate in a written notice to the
other parties.
6. ENFORCEABILITY: This Agreement shall be enforceable in any Court of competent
jurisdictions 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 OR 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 WITNES§,'WHER F, the undersigned have hereunto set their hands and seals this
—c day of 1 T.
UNITED CITY OF THE VILLAGE OF YORKVILLE
Kendall County, Illinois
BY:
KENNE H K. KITTO , JR., Ma r
ATTEST:
CITY C1kRK
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f
This instrument is executed by the undersigned Land Trustee,not personally but solely as
Trustee in the e:;erci;;cf tha o0vier and auth-�Jty confarred upon and vested in it as such
Trust:'f.'. it is expres.y undnrstc A) and a,reod thai all of the warranties, inderrni'ies,
herein made.o (h,pa' :i l':e
T usi..d arc P" it solt,iy in tip cap,:tci,y a%Tru`_top and not PC rsor...y N'i,}c, Vi,
lip iy or p c!?al refpons°j'.hy is z. „, d by or shall at any time be a3sericld cr
enforceab a again t the Trustee on accnunt of any warranty,Ind-miry,represenlaton,
covenant,undertaking or agreemznt of the l iustee in this instrument.
OWNER: American National Bank E Trust Co. , as Trustee under Trust #11442-05
BY :
GJ6
ALDE MAN AL, ER AN
ALDERMAN ALDERMAN
ALDERMAN ALDERMAN
ALDERMAN ALDERMAN
-5-
LEGAL DESCRIPTION Exhibit "A"
that part of the South Half of Section 5, Township 36
North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the intersection of the
centerline of Illinois Route No. 71 with the centerline of Illinois Route No. 47; thence northerly, along said centerline
of Illinois Route No. 47 , a distance of 2123. 10 feet to its intersection with the line of a fence extended from
the west for the point of beginning; thence South 88'39'11" West, along said fence line, 1886.48 feet to a concrete
monument= thence South 88'36 48" West, along the line of a fence, 481 .86 feet to a concrete monument; thence South
14'10'22' East, along the line of a fence, and said fence line extended, 2271 .49 feet to the northwesterly corner
of a 10 acre tract reserved in a Warranty Deed from Silas and Thankful Dyer, husband and wife, to Clement Dyer and
recorded in Book 30 at Page 548 on March 23, 1870, and then conveyed to George W. Harris by Warranty Deed recorded
in Book 32 at Page 90 on December 3, 1870; thence North 81°14'37" East, along the northerly line of said 10 acre
tract, 267.78 feet to the northeasterly corner thereof; thence South 14°10' 22" East, along the easterly line of
said 10 acre tract, 6.28 feet to the centerline of said Illinois Route No. 71 ; thence easterly, along said centerline.
1334.81 feet to its intersection with the centerline of Garage Road; thence North 10'57'53" East, along said centerline
of Garage Road , 1264 .55 feet to its intersection with said centerline of Illinois Route No. 47; thence North 01°44 '07"
West along said centerline of Illinois Route No. 47 , a distance of 908.10 feet to the point of beginning ��exx�ce_�p�tt
that part thereof conveyed to the State of Illinois Department on Transportation by a Warranty Deed recoraeT ay
15, 1990 in Book 279 on Page 259 as Document 903118 in Kendall Township, Kendall County, Illinois and containing
100.364 acres in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly adopted
by the American Title Association and the American Congress on Surveying and Mapping in 1988, to the satisfaction
of Chicago Title Insurance Company, except for the location of drains , underground utilities, service connections
and appurtenances not visible by a surface inspection of said property.
7. 04 B-3 SERVICE BUSINESS DISTRICT
A. Permitted Uses •
All uses permitted in Nursery
the B-2 District
Orchard
Agricultural Implement
Sales and Service Park - Commercial Recreation
Appliance -- Service Only Plumbing Supplies and
Fixture Sales
a Auction House
' Pump Sales
i Automobile Sales and
Service Recreational Vehicle ' Sales
and Service
Boat Sales
Skating Rink
Building Material Sales !
» Sports Arena
Business Machine Repair
Stadium
Catering Service
Taxicab Garage
Drive-in Restaurant
Tennis Court - Indoor
,E!ectrical Equipment Sales
Trailer Rental
Feed and Grain Sales
Truck Rental
'Frozen Food Locker
Truck Sales and Service
=F•urni cure Repair and
.RF ° i.nishing Upholstery Shop
'G;tr arg - Ou5 or Truck Utility Company Maintenance
Yard
GQ1f Driving Range
Utility Service Yard or
- Greenhouse Garage
Keane 1 Veterinary Clinic
Miniature Golf
Jiocorcycle Sales and Service
S
Exhibit
Accurate Map of 8K
Territory Annexed to the Uniter,' City of the VVIGge of Yorkvi//e
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Prepared By:
James M. Olson Associates, Ltd.
I07 West Madison Street
Yorkville, Illinois 60560
708-553-0050
any.Kromer
lrb.4871