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Ordinance 1993-33 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF JOHN G. CONOVER 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 affect 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 �� /n✓r rr'c���` 19y . SIGNED and APPROVED by me, as Mayor, this L - day of 19V E ETH K. KITTOE 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 day of 19 '7 by and between the United City of the Village of Yorkville, Yorkville, Kendall County, Illinois, a municipal corporation, located in Kendall County, Illinois, hereinafter referred to as "City", and JOHN G. CONOVER of the City of Yorkville Kendall County, Illinois, hereinafter referred to as "Owner". W I T N E S S E T H : WHEREAS, the Owner JOHN G. CONOVER , 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 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. -2- 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 Conover c/o Gary Conover 707 Conover Lane Yorkville, IL 60560 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. -3- IN WITNESS ,V�IHEREOF, the undersigned have hereunto set their hands and seals this day of _��J�G' )kk 19 . UNITED CITY OF THE VILLLAGE OF YORKVILLE, Kendall County, Illinois BY: E ETH K. TOE J . , M r ATTEST: Citt ler - a OWNER(S): ALDERMEN : l F f J -4- EXHIBIT "A" LEGAL DESCRIPTION That part of the Northeast quarter of Section 19 and part of the North half of Section 20 , Township 37 North, Range 7 East of the Third Principa Meridian, described as follows : Beginning at the Northwest corner of Section 20 ; thence East along the section line to the Northwest corner of the Northeast quarter of Section 20 ; thence South along the quarter section line 302 . 28 feet; thence South 770 45 ' East 2381.94 feet; thence South 380 East to the center line of Cut-Off Road; thence Southwesterly along said center line to the center line of Faxon Road; thence i7orth- westerly along said center line of Faxon Road to the West line of Section 20 ; thence continuing Northwesterly along said center line 573.54 feet more or less to the center line of Rob Roy Creek; thence Northeasterly along the center line of said creek to the East line of Section 19; thenc rth along said East line to the point of beginning; (except that part _ying Northwesterly of the center line of Rob Roy Creek) in the Township of Bristol, Kendall County, Illinois.