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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 N SR �r ►2 C= 6' 100 c• Zj d06 O Qi :q' • �� co T 201. 11 Ki Q \0\40 � 0; 26 9 000 Oo0 tn n \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