Ordinance 1992-17 ORDINANCE NO. 'ag2- - 1 J
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT OF
AURORA NATIONAL BANK AS TRUSTEE UNDER TRUST #5085, dated 10/10/80
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 meetit of he City Council of the United City
of the Village of Yorkville on ( 19 %.
SIGNED and APPROVED by me, as Mayor, this _L�I�ray of
K NETH K. K TTOE Mayor
ATTEST:
TY CLERK
(SEAL)
s
ti
STATE Or ILLINOIS )
) SS.
COUNTY OF KENDALL )
ANNEXATION AGREEMENT TO THE UNITED CITY OF
THE VILLAGE OF YORKVILLE
THIS AGREEMENT is made and entered into this _L ,,day
19 , by and between the United City of the Village of Yorkville, Yorkville,
Illinois a municipal corporation, located in Kendall County, Illinois, hereinafter
referred to as "City", and David Sanderson as Beneficiary of Aurora National ** ,
of the City of Aurora Kane County, Illinois, hereinafter
referred to as "Owner" .
** Bank Trust #5085, dated 10/10180,
WITNESSETH :
as Beneficiary of Aurora National
WHEREAS, the Owner, David Sanderson / Bank Trust #5085, dated 10/10/80,
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 business 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 business and commercial 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
real 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 M. Olson & Associates Ltd. ,
and dated March 25, 1992 , 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 _ .a mutual promises and
• covenants herein contained, the parties agree, under the terms and authority
provided in Chapter 24, Sections 11-15.1-1 through II-l5.1-5, 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
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 accor ance with t is greement
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 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 when water and sewer main extensions will be made available.
In the event a water meter in excess of 1" is necessary for water
service, the cost of said meter shall be paid by the user.
B) The City shall not allow any developer or other party to charge
Petitioners-Owners, 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 annexation drawings,
petitions and public notices. The City further agrees to waive
all annexation fees.
D) The City shall provide for the issuance of a City Liquor
License to Danelli ' s Restaurant or any successor business ,
permitting the sale of packaged liquor in the form of wine and
beer; and they shall be permitted to sell wine and beer on-site
incidental to the operation of its restaurant business . The hours
of the operation of the existing County Liquor License shall be
grandfathered for the holder of the City Liquor License at this
location.
E) The City agrees to purchase an easement 20' in width at approximately
100' in length across the front of the property so being annexed, running parallel
with Route 47 for the sum of $2,700.00.
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 or record of land which is the subject of this Agreement assignees,
lesses, 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
Attorney at Law
1107A S. Bridge Street
Yorkville, IL 60560
If to the Owners: David Sanderson
148 S. Edgelawn Dr.
Aurora, I L 60506
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 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 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 ,VHEREOF the ndersigned have hereunto set their hands
and seals this day of 191L,
UNITED CITY OF THE VILLAGE OF
YORKVILLE, Kendall County, Illinois
BY :
KENNETH K, KITTOE JR. , Mayor
ATTEST :
City Clerk
-3-
OW Aurora National Bank as Trustee under Trust #5085, dated 10/10/80
c
BY:
,yi TiLc9-�
DAVID SANDERSON , Beneficiary
ALDE N A R A
v L� a- n L
ALDER AN AL ER AN
ALD IE RTA AN DE MAN
ALDERMAN ALDERM
-4-
+� 7. 04 B-3 SERVICE BUSINESS DISTRICT
A. Perr,�i tted Uses
All uses permitted in Nursery
,+ the B-2 District
j Orchard
. ; Agricultural Implement
Sales and Service Park - Commercial Recreation
Appliance - Service Only Plumbing Supplies and
Fixture Sales
Auction House
Pump Sales
Automobile Sales and
Service Recreational Vehicle ' Sales
and Service
Bcat 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
:Furniture Repair and
.RF `i,n ishink; Upholstery Shop `
G:Lrary, - E3u5 or Truck - Company Maintenance
Yard
G,Dlf Driving Range
Utility Service Yard or
Greenhouse Garage
Kennel Veterinary Clinic
~Miniature Golf
Motorcycle Sales and Service
32
Exhibit C
i
B. Special Uses
' 1 . All special uses permitted in the B-2 District .
l
2. Amusement Park .
3 . Boat launching ramp .
4 . Boat Rental and Storage.
C. Lot Size
No lot shall have an area less than _2LL 80 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 rL e
No more than fifty percent ( 5010) of the area of the zoning
t lot may be occupied by buildings and structures , includLng
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 ParkinE and Loading
All in accordance with regulations set forth in Section
9 . 00 of the ordinance .
33
I ccur( Map of
Territory Annexed to the United City of the miry of Yorkvllle
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\NN"INN I lndicotes Present Corporate Limits
Prepared By:
James M. Olson Associates, Ltd.
107 West Madison Street
Yorkville, Illinois 60560
March 25, 1992
Ally. Don Kromer No. 4580-A