Ordinance 1993-31 ORDINANCE NO.
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT OF
JOHN EDWARD LIES et. al.
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 65 I LCS
5/11-15. 1-1 et. seq. , 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 Cit Council of the United City
of the Village of Yorkville on ,�� a L� 19"'-
SIGNED and APPROVED by me, \as Mayor, this day of l l",e;
NETH K. ITTOE - Mayor
ATTEST:
(-,, �-
CIT CLERK"
(SEAL)
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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 N)�viLllc k,
19 , b and between the United City of the Village of Yorkville, Yorkville
Y Y g
Kendall County, Illinois, a municipal corporation, located in Kendall County,
Illinois, hereinafter referred to as "City", and JOHN EDWARD LIES et. al.
of the City of Yorkville Kendall County, Illinois, hereinafter
referred to as "Owner".
W I T N E S S E T H I
WHEREAS, the Owner ,-����
is the owner of land which lies generally North of d 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 A-1 Agricultural 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 A-1 Agricultural 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
A-1 Agricultural District use to be located as shown in the annexation
drawing attached hereto, prepared by James Olson Associates, Ltd. , and dated
19 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 65 ILCS 5/11-15. 1-1 et. seq. , 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 A-1 Agricultural District
District.
Said zoning allowing the uses, size, density, areas, coverage, and
maximum building heights as set forth on Exhibit "B" for A-1 Agricultural 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 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 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 promised 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
annextion fees.
C) Until such time as Owner is 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 Owner, the difference between the amount of real
estate taxes Owner is 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 Owner
hooking up to City water and sewer services. Owner shall be permitted
to present said bill for recovery of the Real Estate Taxes rebate immediately
upon its receipt each year.
D) The City does reserve the right to place a non-discriminatory recapture
fee pro-rate dividing the cost of the extension of water and sewer
improvements over the entire recapture area expected to be benefitted
by this improvement.
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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 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
If to the Owner: John Edward Lies et. al.
or to such other addresses as any party 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 to the matters contained in this Agreement
or to correct any technical defects which may arise after the execution of this
Agreement.
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IN WITNESS WHEREOF, the undersigned have hereunto set their hands
and seals this day of �,zlL�^��� r� 19C
UNITED CITY OF THE VILLLACE OF YORKVILLE,
Kendall County, Illinois
BY :
NETH K. KITTOE JIR,I. Mayo r
ATTEST: ' Ut � �-
Clerk
OWNER(S):
ALDERMEN :
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State of Illinois:
:SS
County of Kendall :
This is to certify that we, Donahue, Thornhill and Olson,
Illinois Registered Land Surveyors, have surveyed that part of Section 20,
Township 37 North, Range 7 East of the Third Principal Meridian described as
follows: Commencing at the northwest corner of Oak Knolls Subdivision ; thence
North 22°13'29" East along the center line of Cut-Off Road, 746.59 feet (this
point hereinafter referred to as point A) ; thence North 63 017' 14" West, 441 .97
feet; thence North 29°57' 14" West, 65.90 feet; thence North 08°46'46" East,
138.82 feet for a point of beginning; thence North 82 038'28" West, along a line
which when extended intersects the west line of the Southwest Quarter of said
Section 20, 147. 18 feet southerly of the Northwest corner of said Southwest Quarter,
773. 17 feet to a point which is 1885. 72 feet, as measured along said extended line,
easterly of said west line; thence North 04°21 ' 17" East, 1549.95 feet to the center
line of Faxon Road; thence South 80°35' 51" East along said center line, 1928.17
feet to the center line of Cut-Off Road; thence South 26 048' 57" West along said
Cut-Off Road center line, 1563.73 feet to a point which is 356.10 feet, as measured
along said center line, northerly of point A aforesaid; thence North 83 007'22" West,
551 . 70 feet to the point of beginning in Bristol Township, Kendall County, Illinois
and containing 56.607 acres as shown by the plat hereon drawn which is a correct
representation of said survey. All distances are given in feet and decimal parts
thereof.
Dated at Yorkville, Illinois, March 18, 1985
Illinois Regi:�: r•ed Land Surveyor No. 2253
HuX.