Ordinance 1991-05 BK337
` ORDINANCE NO. l t //-'S
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.;';-'f/, day of P
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 GROWMARK INC. ,
of the City of Bloomington McLean County, Illinois, hereinafter
referred to as "Owner".
WITNESSETH :
WHEREAS, the Owner, GROWMARK INC.
is the owner of land, which lies generally South of and contiguous to
the ex -sting c porate 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 MARrs /Z , 19 90 , 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.
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NOW, THEREFORE, for and in consideration of the mutual promises and
y covenants herein contained, the parties agree, under the terms and authority
provided in Chapter 24, Sections II-15.1-1 through II-15.1-5, Illinois Revised
Statutes, 1985, as amended, as follows:
I. 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 M-1 Light Manufacturing
District.
Said zoning allowing the uses, size, density, areas, coverage, and maximum
1, building heights as set forth on Exhibit "B", 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. 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 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.
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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 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,
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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: Growmark Inc.
1701 Towanda
Bloomington, IL 61701
Attn: Mike Davis
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 WHEREOF, the undersigned have hereunto set their hands
and seals this Li7C day of `�-V,�� � 19q1 .
UNITED CITY OF THE VILLAGE OF
YORKVILLE, Kendall County, Illinois
eJ/ �--
BY :
ROBERT E. DAVIDSON JR./Mayor
ATTEST: C��(
City Clerk
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SK337
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OWNER:
GROWMARK INC.
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STAN NIE N
VIC RE NT IS RIB I0
A� MAN MAN
AL,D MA XE05RMAN
AL ALDERMAN
A DERMAN ALD RMAN
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LEGAL DESCRIPTION
That part of the Southwest quarter of Section 4 and part of the
Southeast quarter of Section 5 , Township 36 North, Range 7 East
of the Third Principal Meridian , described as follows : ' Commencing
at the Northeast corner of the Northeast quarter of said Section
5 , thence South 89 degrees 40 ' 5 " West along the North line of
said Northeast quarter, 655 . 52 feet to the -tangent center line of
Illinois State ' Route No , 47 extended from the South ; thence South
1 degree 44.' 7 " East along said tangent center line and said tan-
gent center line extended , 3511 , 16 feet ; thence North 89 degrees
29 ' 40 " East 548 , 60 feet ( this point hereinafter referred to as
Point "A" ) ; thence South 89 degrees 29 ' 40 " West along the last
described course 548 , 60 feet to the center line of Illinois State
Route No , 47 aforesaid ; thence South 1 degree 44 ' 7 " East along said
center line 920 . 01 feet to a point on said center line 4431 , 17 feet
South of the North line of said Section 5 , as measured along said
tangent center line and said tangent center line extended , for the
point of beginning ; thence South 87 degrees 56 ' 7 " East 593 . 08
feet to a line drawn South 4 degrees 21 ' 7 " East from said Point
"A" ; thence South 4 degrees 21 ' 7 " East along said line 482 .85
feet to the center line of Illinois State Route No , 71 ; thence
Westerly along said center line 589, 32 feet to the center line
of said Illinois State Route No , 47 ; thence Northerly along the
center line of said Route 47 , 596 , 73 feet to the point of beginning ;
in the Towpshi.p of Kendall , Kendall County , Illinois .
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Prepared by
lo-nes M Olson Associates, Ltd `
107 West Madison Street
vorA-ville, 111inois 60560
March 12, 1990
Accurate Mop of
Territory Annexed to the United City of the Village of Yorkville
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Kendall by o deed
No. 5669
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Trocl conveyed 10 /Ae County o/
Document
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