Ordinance 1993-18 t
ORDINANCE NO.
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT OF
HOLDIMAN'S and BAZAN'S
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 oft the City Councils of the United City
of the Village of Yorkville on �� <� J- . 19�•
SIGNED and APPROVED by me�Jis Mayor, this -) � day of 19,1 r.
E ETH TTOE . , Mayor
ATTEST:
TY tLERK
(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 ,
1993, by and between the United City of the Village of or ville, Yorkvi e,
Kendall County, Illinois, a municipal corporation, located in Kendall Coun y,
Illinois, hereinafter referred to as "City", and Clarence Holdiman, Sandra Holdiman,
Clarence Bazan, Sharon Bazan, Brian Holdiman, and Beth Holdiman, of the City
ot YorR`viTFe-, KendalFCounty, Illinois, hereinatter re erre to as 'Owner".
W I T N E S S E T H :
WHEREAS, the Owners, Clarence Holdiman, Sandra Holdiman, Clarence Bazan,
Sharon Bazan, Brian Holdiman, and Beth Holdiman, are the owners 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 B-3 Highway_Business District use, and is desirous
of assuring to it than 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 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 B-3 Highway Business District use to be located as shown in the
annexation drawing attached hereto, prepared by James Olson Associates,
Ltd. , and dated May 4, 1993, 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.
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 B-3 Highway Business
District.
Said zoning allowing the uses, size, density, areas, coverage,
and maximum building heights as set forth on Exhibit "B" for 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-Owners and their successors, heirs, and assigns sljall
be given three (3) free water and three (3) free sewer hook-ups,
waiving any fee customarily paid to the City on land being annexed
to the City, for a period of fifty (50) 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.
In the event a water meter in excess of one-inch (111) is necessary
for water service, the cost of said meter, in excess of the charge
for a one-inch (1") meter, shall be paid by the user.
B) The City shall not allow any developer or other 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.
C) The City shall pay the cost of preparing all annexatin 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, for the subject annexed
property, so long as it is developed pursuant to the City B-3Highway
Business District Ordinance.
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D) Until such time as the Owners are able or desirous of hooking
up to City water main and/or the sewer main, the United City
of the Village of Yorkville shall rebate to said Owners, the difference
between the amount of real estate taxes Owners are charged on
an annual basis, had the subject property not been annexed
to the City, and the amount actually billed.
Said agreement to rebate taxes shall only terminate upon the
Owners hooking up to City water and sewer services. Owners
shall be permitted to present said bill for recovery of the real
estate taxes rebate immediately upon its receipt each year.
E) The City of Yorkville will cooperate with the Owners and their
successors, heirs, and assigns in obtaining a reasonable amount
of highway cuts on to Route 47, from the Illinois Department
of Transportation.
F) When said property is platted for development, the set-back at
Kennedy Road shall be a minimum of 50 feet and the applicant
for platting approval shall provide a landscape plan in order
to provide buffering along Kennedy Road.
3. COMPLIANCE WITH SUBDIV!SION 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 herein described,
in the event of any future development on the subject property.
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 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, Illinois 60560
With a copy to: Daniel J. Kramer
City Attorney
1107A S. Bridge Street
Yorkville, Illinois 60560
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If to the Owner: Clarence and Sandra Holdiman
3531 Route 47
Yorkville, Illinois 60560
Sharon Bazan
Kennedy Road
Yorkville, IL 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 W EREOF, the undersigned have hereunto set their hands
and seals this 2&/,day of 19CLZ.
UNITED CITY OF THE VILLLAGE OF
YORKVILLE, Kendall County, Illinois
BY
K WETH K. K OE JR. Mayor
ATTEST: ti
ity Clerk
OWNER(S):
CLARENCE HOLDIMAN SANDRA HOLD AN
5H RPM BAZAN t B7AN DI MAN`
IV
r�-i. r
BETH HOLDIMAN
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ALDERMEN :
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LEGAL DESCRIPTION
Holdiman Property
That part of the Southwest Quarter of Section 21 and part of the
North Half of Section 28 , Township 37 North, Range 7 East of the Third
Principal Meridian described as follows: Beginning at the intersection
of the present centerline of Illinois State Route No. 47 with the
centerline extended westerly of Kennedy Road; thence easterly along
said extended centerline and said centerline of Kennedy Road 878.41
feet; thence southerly along a line which forms an angle of 72°32 '08"
with the last described course, measured counter-clockwise therefrom,
2863.64 feet; thence easterly along a line which forms an angle of
91 056' 56" with the last described course, measured clockwise therefrom,
997.26 feet; thence southerly along a line which forms an angle of
90'21 ' 54" with the last describeu c oui5-e, measured counter-clockwise
therefrom, 573.68 feet; thence westerly along a line which forms an
angle of 93°53 '56" with the last described course, measured counter-
clockwise therefrom, 1042.49 feet to the Southeast corner of a tract
of land conveyed to The Old Second National Bank of Aurora, as Trustee
under the provisions of a Trust Agreement dated May 29, 1979 and known
as Trust No. 3072, by a Warranty Deed in Trust recorded June 7, 1979
as Document 79-3006; thence northerly along the East line of said tract
458.96 feet to the Northeast corner thereof; thence westerly along the
North line of said tract 584. 10 feet to said Route 47 centerline; thence
northerly along said Route 47 centerline to the point of beginning in
Bristol Township, Kendall County, Illinois.
f 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
Auction House
Pump Sales
Automobile Sales and
e
Service Recreational Vehicie ' Sales
a 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
,Electrical Equipment Sales
Trailer Rental
Feed and Grain Sales
Truck Rental
'Frozen Food Locker
Truck Sales and Service
-Furniture Repair and
RF `in ishing Upholstery Shop
'G:irarye - Bus ur Truck Utility Company Maintenance
Yard
Golf Driving Range
Utilitv Service Yard or
- Greenhouse Garage i
Kernel Veterinary Clinic
Miniature Golf '
Motorcycle Sales and Service
i
Exhibit 3
H. Special Uses
1 . All special uses permitted in the B-2 District .
2. Amusement Park .
3 . Boat launching ramp .
4 . Boat Rental and Storage.
C. Lot Size
No lot shall have. an area less than -20,Z80 square feet .
D. Yard Area
No building shall be erected or enlarged unless the
following yards are provided and maintained in connection
/ with such building , structure or enlargement :
1 . Front Yard. A front yard of not less than fifty ( 50)
feet .
2. Side Yard. No minimum side yard shall be required
between buildings within the B-3 District , except
where a side yard abutts a street , a yard of not
less than twenty (20) feet shall be provided.
3. Rear Yard. A rear yard of not less than twenty ( 20 )
feet .
4. Transitional Yard . Where a side or rear lot line
coincides with a Residential District Zone , a yard
of not less than thirty ( 30) feet shall be required .
E. Lot Co ve ra re
No more than fifty percent ( 500) of the area of tho zolling
lot may be occupied by buildings and structures , including '
accessory buildings.
F. Building Height
No building or structure shall be erected or altered to '
exceed a maximum height of twenty- five ( 25 ) feet , or
two (2 ) stories,
G. Off-Street Parking and Loading
All in accordance with regulations set forth in Section
9 . 00 of the ordinance .
Territor Ani Accuiaie Mco of
1' d to she United City of the Vi//age �, rorkvi//e
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Prepared By:
James M. Olson Associates Ltd.
107 West Mi,dison Street
Yorkville, Illinois 60560 I ° ;�o. 00
(708)`-153-0050
April 30, 1993
City OI w-,#/ Ndd—
Nu.4941-E