Loading...
Ordinance 1993-21 9800519 01/16/1998 01 ::_.- 1 of 4 Paul Anderson, Kendall County, IL Recorder STATE OF ILLINOIS ss COUNTY OF KENDALL ) ORDINANCE NO. 1993-21 ORDINANCE ANNEXING PROPERTIES TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, GAIL C. FISHER, et. al, as record owners in fee simple of a tract of land contiguous to THE UNITED CITY OF YORKVILLE, have heretofore submitted a Petition for Annexation of said property; and WHEREAS, the development and annexation of said land have been considered by THE UNITED CITY OF YORKVILLE; and WHEREAS, THE UNITED CITY OF YORKVILLE deems it to be in its best interests to annex the said land described in said Petition for Annexation to THE UNITED CITY OF YORKVILLE; and WHEREAS, the Petitioners are the Owners of Record of said property and no other electors reside thereon; and WHEREAS, said Petition is under oath requesting the annexation of said property to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois and in all respects is presented in accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code,being 65 ILCS 5/11- 15.1-1 et. seq. WHEREAS, said property is contiguous to THE UNITED CITY OF YORKVILLE and not within the corporate limits of any municipality; and WHEREAS, the statutes provide that upon property affirmative vote of a majority of the City Council, contiguous property can be annexed to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois. BE IT ORDAINED by the City Council of THE UNITED CITY OF YORKVILLE, Kendall County, Illinois: Section 1: That the Property legally described as follows be and the same is hereby annexed to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois: See Attached Legal Description Section 2: That the City Limits of THE UNITED CITY OF YORKVILLE be, and they are hereby, extended to include the territory hereby annexed to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois. Section 3: That the City Clerk of THE UNITED CITY OF YORKVILLE be, and is hereby, authorized and directed to record with the Recorder of Deeds of Kendall County, Illinois, a certified copy of this Ordinance, together with an accurate map of the territory annexed, which map shall be certified as to its correctness. Section 4: That the property described in Exhibit "A" is hereby annexed and zoned as follows: B-3 Highway Business District. Section 5: That all Ordinances or portion of Ordinances in conflict herewith be, and they are hereby repealed insofar as such conflict exists. Section 6: That this Ordinance shall take effect and be in full force and effect upon and after its final passage and signing by the mayor and the recording by the Recorder of Deeds of Kendall County, Illinois, as herein provided, this S'' day of , 1997. (This Ordinance was originally passed and approved at a regularly scheduled City Council Meeting on August 12, 1993, and this Ordinance is identical to, and conforms to the original Ordinance.) PASSED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, THIS ?;" DAY OF�-:�f , 1997. c1OTVFD by the Mayor of THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS THIS e" DAY OF 1997. R ATTEST: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630.553.9500 l Legal Description That part of Sections 21 and 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows : Commencing at the Northeast corner of Countryside Center, Unit No. 1 , Yorkville, Kendall County, Illinois ; thence North 6° 11 '23" East along the extension of the eas_ rl; I1.^.e of said Unit .40. I (being the center line of Illinois State Route No. 47) a distance of 2241 .20 feet to the center line of Kennedy Road extended from the east; thence North 82° 16 '57" East along said extended center line and said center line, 878.41 feet for a point of beginning; thence North 82° 16157" East along said center line, 770.22 feet , thence South 12°08116"West 2128.69 feet; thence South 78 004' 16" East 990.35 feet; thence South 12° 17' 10" West 1515 .36 feet; thence North 82°34'05" West , 588.06 feet; thence North II° 19' 51" East, 573.68 feet; thence North 78° 18' 15" West 997.26 feet; thence North 9°44'49" East 2863 .64 feet to the point of beginning in Bristol Township, Kendall County, Illinois. Exhibit "A" r STATE OF ILLINOIS ) 8.5.97 COUNTY OF KENDALL ) ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE THIS AGREEMENT is made and entered into this Ey L day of ) 1997, by and between the United City of Yorkville, Yorkville, Kendall County, Illinois, a municipal corporation, located In Kendall County, Illinois, hereinafter referred to as "City", and GAIL C. FISHER, et al., of the City of Yorkville, Kendall County, Illinois, hereinafter referred to as "Owner". WITNESSETH WHEREAS, the Owner, GAIL C. FISHER, et al., 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 B-3 Highway Business District use, and is desirous of assuring to it that 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 use to be located as shown In the annexation drawing attached hereto, prepared by James Olson Associates, Ltd., and dated;Z_,1;C 1 , 19_13, and in accordanve 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 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 shall be given free water and sewer hook-ups, 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 nook-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 (1") is necessary for water service, the cost of said meter shall be paid by the user. B) The City shall pay the cost of preparing all annexation 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 tot the City B-3 Highway Business District Ordinance. C) 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. 3 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. D) The Owners and their successors, heirs, and assigns shall be permitted one (1) highway road cut onto Kennedy Road. It is the intent of the parties to this Agreement that the main entrance to this development shall be through extension of Countryside Parkway extended Fast from Route 47. E) 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. F) 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. 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 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 and 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 4 receipt requested, postage prepaid, addressed as follows: If to the City: City Clerk 111 W. Fox Street Yorkville, Illinois 60560 With a copy to: Daniel J. Kramer City Attorney 1107A S. Bridge Yorkville, Illinois 60560 If to the Owner: Gail C. Fisher, et. al. 501 Conover Lane Yorkville, Illinois 60560 or to such other addresses as any part may from time to time designate in a written notice 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 tot he matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. 8. This Agreement was originally passed and approved on a regularly scheduled meeting of the Yorkville City Council on August 12, 1993, but not signed. This Agreement is identical in every way and conforms to that original approved by both the Petitioner and the City Council. Passed and approved this P °' day of 1997. 5 IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this `^ day of 1��., �, ,,� , 1997. UNITED CITY OF YORKVILLE BY: Robert Johns AYOR t/ ATTEST: � � CITY CLERK OWNERS: Law Oelces of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 F:\CLIENTS\CITYOFYO\FISHER\ZONING\ANNEXAG2.VYTD 6 t Legal Description That part of Sections 21 and 28, Township 37 North, Range 7 East Of the Third Principal Meridian described as follows : Commencing at the Northeast corner of Countryside Center, Unit No. 1 , Yorkville, Kendall County, Illinois ; thence North 6° 11 '23" East along the extension of the easterly lire of said Unit Igo. 1 (being the center line of Illinois State Route No. 47) a distance of 2241 .20 feet to the center line of Kennedy Road extended from the east; thence North 82° 16 '57" East along said extended center line and said center line, 878.41 feet for a point of beginning; thence North 82° 16'57" East along said center line, 770.22 feet , thence South 12°08' 16"West 2128.69 feet; thence South 78°04' 16" East 990.35 feet; thence South 12° 17' 10" West 1515.36 feet; thence North 82°34'05" West, 588.06 feet; thence North 11° 19' 51" East, 573.68 feet; thence North 78° 18' 15" West 997.26 feet; thence North 9°44'49" East 2863 .64 feet to the point of beginning in Bristol Township, Kendall County, Illinois. Exhibit "A"