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Ordinance 1991-17 SK 4 ORDINANCE NO. 1991- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF Grundy County National Bank, as Trustee UTA dated 2/1 /79 known as Trust #682 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 4/ day of JCi'i ' 191/ TEITRETH K. . , yor ATTEST: FILED FOR RECORD r KENDAL C U L� ` DOC. # ITY\ CLERK e�T FEB a 4199 (SEAL) RECORDER OF DEEDS : .. BK41t 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 14th day of November 19 91, by and between the United City of the Village of Yorkville, Yorkville, Illinois a municipal corporation, loca ed in Kendall County, Illinois, hereinafter referred to as "City", and rundy nt National ank, as rustee UTA dated 9/13/�J1 known as I ru_t #' 1 ?c)l of the City of Morris Grundy County, Illinois, hereinafter referred to as "Owner". WITNESSETH : Grundy County National Bank as Trustee UTA WHEREAS, the Owner, dated 9/13/91 known as Trust # 1201 is the owner of land, which lies generally South East 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 residential 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 residential 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 November 14 , 19 91 , 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. OK 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 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 R-2 Residential District. Said zoning allowing the uses, size, density, areas, coverage, and maximum building heights as set forth on Exhibit "B", , said real estate to be used and developed in accordance with this Agreement and with the City Subdivision Control Ordinance. 2. The Owner and their successors, heirs and assigns, shall comply with all infra-structure fees and land cash contributions that are currently in effect for residential development within the United City of the Village of Yorkville. 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, -2- BK 41 1, m4ww 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 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 R-2 Residential District. Said zoning allowing the uses, size, density, areas, coverage, and maximum building heights as set forth on Exhibit "B", , said real estate to be used and developed in accordance with this Agreement and with the City Subdivision Control Ordinance. 2. The Owner and their successors, heirs and assigns, shall comply with all infra-structure fees and land cash contributions that are currently in effect for residential development within the United City of the Village of Yorkville. 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, -2- 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: Grundy County National Bank , Trustee,TR#1201 201 Liberty Street Morris, Illinois 60450 With a copy to: Attorney Dallas Ingemunson 226 S. Bridge Street 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 14th day of November , 19 91 . UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois KE ETH K, K TT JR. , M or ATTEST: 1 rC( 0, �2�,cl-, City Clerk -3- OWNER: GRUNDY COUNTY NATIONAL BANK, as Trustee UTA dated 9/13/V, knwo3i, as Trust #12 Tit e: Attest: ALDERMAN ALDER AN �# /� ALDERMA� ALDERMAN AL ERMAN AL E MA ALDERMAN ALDER AN i —4— BK 4 �jCl2i b�-I C� CITY OF YORKVILLE ANNEXATION JAMES McELVAIN LEGAL DESCRIPTION That part of the Southwest Quarter of Section 33, Township 37 North, Range 7 East of the Third Principal Meridian and part of the Northwest Quarter of Section 4 , Township 36 North, Range 7 East of the Third Principal Meridian described as follows: Beginning at the Southwest corner of Edgewood Third Addition to the Village of Yorkville, Kendall County, Illinois; thence, along the South line of said Edgewood Third Addition, South 82° 15' 47" East 538.69 feet to the Southeast corner of Lot 8 in said Edgewood Third Addition; thence, along the East line of said Lot 8, North O1° 05' 20" East 132.88 feet to the Northeast corner of said lot 8, said Point also being the Southwest corner of Lot 1 in McNelis Subdivision in the Village of Yorkville; thence, along the Southerly line of said Lot 1 , South 82° 15' 42" East 544.30 feet to the South- east corner of said Lot 1 ; thence, along a curve to the right, said curve having a radius of 870.47 feet and a long chord bearing South 19° 10' 56" West 205.94 feet, Southwesterly 206.42 feet; thence, South 25° 58' 32" West for a distance of 451 .70 feet to the center- line of a vacated road; thence, along said centerline of a vacated road, North 68° 47' 55" West 228.54 feet; thence, North 690 18' 51" West 359.82 feet; thence, North 660 44' 38" West 286.05 feet to the centerline of Mill Street; thence along said centerline of Mill Street, North 00° 27 ' 54" East 290.83 feet to the Point of Beginning, containing 10.400 acres , more or less. Prepared by: Chamlin and Associates, Inc. 221 West Washington Street Morris , IL 60450 Dated: January 30, 1992 c raq ANNEXATION PLAT CITY OF YORKVILLE ( ~ I EXI STI RO 008PO � RATE LIMITS SUBDIVISION POINT OF T�NIPD � �WA�LTER ST. McNELIS BEGINNING EDGE App Ip101005120-E i` - 582°15 '42"E- 544. 30'- 88 I $�°15 '47 E- 538. 69'- � 1 COO W ` a N O O Z I 10:400 ACRES-1- / es Of V ,moo a a NS9°/- y� J X59. BZ, W� D 13° 15'12" R 870.47' T = 103.69 ' 0 = 06 034'56 " 0 205.94' SCALE : I"= 200' ANNEXATION PLAT CITY OF YORKVILLE � ) EXISTING CORPORATE y LIMITS wA - Mc ws SUBDIVISION POINT OF EDGEWOOD Z0 T�-R 582°15 '42" BEOINN(NG NDD 15 . �05'20I E 13? 88 ' E' S44. 30'- I 47 - 538. 69'— 1 W ` m' jn O O Z 1 10.400 ACRES± ^o All NSB°g D - 13° 15'12" R 870.47' T = 103.69 ' 0 = 06°34'56 " 0 205.94' SCALE : I" = 200'