Ordinance 1991-07C BK3z;
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ORDINANCE NO. 1990- /71r,)
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT OF
DOLORES MATTSEN REAL ESTATE
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 meeting of the City Council of the United City
of the Village of Yorkville on +_ �'< 19
SIGNED and APPROVED by me, as Mayor, this day of
ROBERT E. DAVIDSON JR. ayor
ATTEST :
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F_<!r-
CITY 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 ? ay of
19 by and between the United City of the Village of Yorkville, Yo'rkvill ,
Illin is a municipal corporation, located in Kendall County, Illinois, hereinafter
referred to as "City", and DOLORES MATTSEN ,
of the City of Yorkville Kendall County, Illinois, hereinafter
referred to as "Owner".
WITNESSETH :
WHEREAS, the Owner, DOLORES MATTSEN
is the owner of land, which lies generally South 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 Manufacturing 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 manufacturing &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 yam,; : _ �L� 191/c , 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.
BK 3 52
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants herein contained, the parties agree, under the terms and authority
provided in Chapter 24, Sections II-15.1-1 through 11-15.1-5, 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 Manufacturing
District.
Said zoning allowing the uses, size, density, areas, coverage, and maximum
building heights as set forth on Exhibit "B", M-1 Manufacturinq District
said real estate to be used and developed in accordance—with t is 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.
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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8K352 P8 "
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: Dolores Mattsen
c/o Silica Sand
P.O. Box 208
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 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 .; Z/Aday of 6-t) 19�.
UNITED CITY OF THE VILLAGE OF
YORKVILLE, Kendall County, Illinois
ROBERT E. DAVIDSON JR. a or
ATTEST: t t CC
City Clerk
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BK 3 5 2
OWNER:
DOLORES MATTSEN, as agent for
Chicago Title & Trust Com ny as
Trustee nd - T st A em t date
Septe r 2,\ 19 7 a k ow as T ust #10 411
AL D MAN ,� ERMAN
ALD AL1DE7AN
AL RM N ALDERMAN
ALDERMAN, ALDERMAN
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LEGAL DESCRIPTION
That pat of the Southeast Quarter of Section 5 ,
Township 36 North , Range 7 East of the Third Principal
Meridian described as follo%vs: Beginning at the point
of intersection of the center line of State Route No .
47 with the center line of State Route No. 71 ; thence
westerly along the center line of said State Route
No . 71 . being along a curve to the right having a radius
of 7369 49 feet, 307 . 92 feet to the center line extended
southerly of a gravel road running northeasterly from
said State Route No . 71 ; thence North 10 05753" East
along the center line of said gravel road 1264 .55 feet
to the point of intersection of said center line with
the center line of State Route No. 47 ; thence southerly
along said Route 47 center line to the point of beginning
in the Township of Kendall , Kendall County , Illinois
and also that part of said Route No . 47 and said gravel
road lying adjacent to the foregoing described tract .
JUL 1 8 '90
6K 3 52 7Y
Accurate Map of
Territory Annexed to the United
City of the Village of Yorkvil/e
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Le^al Description: C I
That pat of the Southeast Quarter of Section 5,
Tolmship 36 North, Range 7 East of the Third Principal
Meridian described as follows: Beginning at the point \\\\ `l.
of intersection of the center line of State Route No. O
47 with the center line of State Route No. 71; thence
westerly along the center line of said State Route 3
No. 71. being along a curve to the right having a radius
of 7369 49 feet, 307.92 feet to the center line extended p
southerly of a gravel road running northeasterly from
said State Route No. 71; thence North 10°57'53" East ( 0 0 Qj
along the center line of said gravel road 1264.55 feet v a Z
to the point of intersection of said center line with
the center line of State Route No. 47; thence southerly
along said Route 47 center line to the point of beginning J O
in the Township of Kendall, Kendall County, Illinois
and also that part of said Route No. 47 and said gravel o
road lying adjacent to the foregoing described tract.
Prepared
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dames M. Olson Associates, Ltd. fo
107 West Madison Street J
Yorkville, lllinois 60560 0�
June 22, 1990 .5
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Slats Route
Atty.Dan Kramer/Silica Sand No.3996