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
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ALDERMA� ALDERMAN
AL ERMAN AL E MA
ALDERMAN ALDER AN
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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
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ANNEXATION PLAT
CITY OF YORKVILLE
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SCALE : I"= 200'
ANNEXATION PLAT
CITY OF YORKVILLE
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BEOINN(NG NDD 15 . �05'20I E 13? 88 ' E' S44. 30'-
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0 = 06°34'56 "
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SCALE : I" = 200'