Ordinance 1990-19 BK292
ORDINANCE NO. 1990-
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT OF
CHICAGO TITLE AND TRUST COMPANY as Trustee under Trust
Agreement dated November 23, 1971 , known as Trust Number 58303
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 - ;L. 19'y ;
ROBERT E. DAVIDSON JR',% Mayor
ATTEST:
CITY 'CLERK
(SEAL)
STATE OF I IS j BK 2 9 2
- • )
COUNTY OF R A SS .
LL )
ANNEXATION AGREEMENT TO THE UNITED CITY OF
THE VILLAGE OF YORKVILLE
THIS AGREEMENT is made and entered into this 26th day
of June , 1990, 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 Chicago Title and Trust Company as
Trustee under Trust Agreement dated November 23, 1971, known as
Trust Number 58303, hereinafter referred to as "Owner. "
�I � TI� fi � fifiTH=
WHEREAS,, the Owner, Chicago Title and Trust Company as
Trustee under Trust Agreement dated November 23, 1971, known as
Trust Number 58303, 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 tract 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
and WHEREAS,,WHEREAS,, there are no electors residing on the land;
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
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as Exhibit ana in accordance with the terms and nditions of
this Agreem6 and
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WhLAEAS, 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 the mutual
promises and covenants herein contained, the parties agree, under
the terms and authority provided in Chapter 24, Sections 11-15 . 1-
1 through 11-15 . 1-5, Illinois Revised Statutes, 1987, as amended,
as follows:
1. Annexation. Zoning and Variances: 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 Service Business District.
Said zoning allowing the uses, size, density, areas,
coverage, and maximum building heights as set forth on Exhibit
"C, " B-3 Service Business District, said real estate to be used
and developed in accordance with this Agreement.
The City hereby approves the following variance
requests:
A) A variance of the 20 foot rear yard provision of
Paragraph 7 .04D3 of the Yorkville Zoning Ordinance
to permit a rear yard of six (6) feet.
B) A variance of Paragraph 9 .03F of the Yorkville
Zoning Ordinance to allow off-street parking
spaces in the 50 foot required front yard.
C) A variance of Paragraph 9 .0581 of the Yorkville
Zoning Ordinance requiring 27 parking spaces to
permit 21 parking spaces .
D) A variance of Paragraph 9 . 06E of the Yorkville
Zoning Ordinance requiring loading berths 10 feet
wide by 25 feet in length to permit a loading zone
as depicted on the Site Plan attached hereto as
Exhibit B.
2 . The City agrees that in consideration of
Petitioner-Owner voluntarily annexing to the City, the City will
do the following:
A) The Owner shall construct, at its sole cost and
expense, an eight (8) inch sanitary sewer line
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( "Sewer Line" ) from the northwest corne. of the
property to be annexed, thence northerly into an
existing 20 foot easement, thence westerly within
said easement approximately 200 feet, thence
northerly approximately 200 feet. The City will
obtain from the owner of record and grant Owner
access to the appropriate permanent and
construction easements for the installation and
maintenance of the Sewer Line within 30 days of
the execution of this Agreement.
B) The Owner shall construct, at its sole cost and
expense, a one and one-half ( 1 1/2) inch water
line ( "Water Line" ) from the northwest corner of
the property to be annexed, thence northerly into
an existing 20 foot easement, thence westerly
within said easement approximately 200 feet. The
City will obtain from the owner of record and
grant Owner access to the appropriate permanent
and construction easements for the installation
and maintenance of the Water Line.
C) The Owner shall construct the aforementioned Sewer
Line and Water Line, at its sole cost and expense,
provided, however, that the City shall, to the
extent it may lawfully do so, adopt a recapture
ordinance, which ordinance shall be filed at no
cost to owner with the Recorder of Kendall County,
Illinois, providing that each of the two (2)
property owners to the west of the real estate
described on Exhibit A, or their successors or
assigns pay to the Owner at the time of connection
one-third ( 1/3) each of the cost of the Sewer Line
and Water Line including engineering and legal
fees, plus interest at the prevailing rate then in
use for recapture ordinances in the City. Said
recapture ordinance shall be effective for twelve
( 12) years from the date of acceptance of the
Sewer Line and Water Line.
D) The City shall pay the cost of public notices .
The City further agrees there are no fees other than those
specifically provided herein and the City agrees to waive all
annexation fees and any other costs, including but not limited to
impact, donation, contribution or recapture.
3. Binding Effect and Terms This Annexation
Agreement shall be binding upon and inure to the benefit of the
parties hereto, successors, owners of record of land which is the
subject of this Agreement, assignees, lessees, and upon any
successor municipal authorities of said City, for a full term of
twenty (20) years, commencing as of the date hereof as provided
by statute.
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4 . Notices : Any notices required hereur shall be
in writing 1 shall be served upon any other party i. _ eriting
and shall kx 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, IL 60560
With a copy to: Daniel J. Kramer, City Attorney
Attorney at Law
1107A S. Bridge Street
Yorkville, IL 60560
If to the Owners: Chicago Title and Trust Company
as Trustee under Trust Agree-
ment dated November 23, 1971,
known as Trust Number 58303
113 South Third Street
Geneva, IL 60134
or to such other addresses as any party may from time to time
designate in a written notice to the other parties.
5. Enforceability: This Agreement shall be
enforceable in any Court of competent jurisdiction by any of the
parties hereto by an appropriate action of law or in equity to
secure the performance of the covenants herein contained.
6. 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 2th day of June , 1990.
UNITED CITY OF THE VILLAGE OF
YORKVILLE, Kendall County, Illinois
By:
Mayor
ATTEST:
City Clerk
CWNER I
CHICAGO TITLE AND TRUST COMPANY
as Trustee under Trust Agreement
dated November 23, 1971, known
as TrustNumber
By ATTEST: st. Sec.
Asst. Vice Pres . Patricia Minn Tlrio Y 'o
axpressfy understood and agreed by and between the paales hareto, anything hors'n to it, cci!ivy notwiffist ndlrg. Subscribed and• sworn t0 before me this
that xrd all of the warranties,Indcirnities,renpres tali 00S.cover>.nts, r 71,Ariy are roar a -:e; do ai Leo part 26th day of June, 1990
Of the Trustee while in form purpor!'ng to the war sr ti s rndsmn r cs re;. s t on c s. t r er sin s d a,a Kr:a
of said Trustee are nevorthel iss each and every—.a cf the a m de and, ai13l t at, r v v ,na r un r.r r os;,• � /J///
covenants,undertakings and a ce acnis by the Rusten or for "a rurao c or h n " r r o t r, q L .cis
made znd intended for the;urposa of Wnd;ng only that portion of t,e t,uuF?rocc if s,,._ , , e,acne s hers;n,and 4 inslv.em t is LNotary executed and dauvored by sai d Trustee not in its own right,but solely in the sxorcish or the,�or.ore cordec:A cprn it ar such Trustee, Yirl J. 1° ; 0 ubllC
and that no perswai liability or personal responsibility is assumed by nor shall at any time to;,&se'tsd n W reeaL•le agar.et t'ra Chicago Title and Trust Compary on aecoot of this Instrument or on account of any warranty,Indemnity,representation,covenant,tmderta awl lic, Stale Ot !
W egird t of the d Tmusfae In pis instrument aontalned.®ttner expressed or impfirat,aN W personal NabiAty,N any.being expressly erl Expires 6r ; 6j
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ALD
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ALDE DE
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ALDERMAN
ALDERMAN ALDERMAN
5
ILLINOIS REGISTERED LAND SURVEYORS BK 2 g2
VIL ENGINEERS LAND PLANNE
107 WEST MADISON STREET
YORKVILLE, ILLINOIS 65060
312 (708) 553-0050
FAX 553-0964
January 23, 1990
Legal Description for Atty. Diane Larson
Holland Annexation
That part of the Northwest Quarter of Section 28, Township 37 North,
Range 7 East of the Third Principal Meridian, described as follows:
Commencing at the intersection of the East right-of-way line of Illinois
Route 47 with the centerline of U.S. 'Route 34; thence South 83'46'47"
East along the centerline of U.S. Route 34; 438.21 feet to the southeasterly
corner of property owned by Bob D. Thomas and Gloria Thomas, as described
in a Trustees Deed from the Old Second NAtional Bank of Aurora and recorded
as Doc cent No. 72-3776 in the Recorders Office of Kendall County, Illinois,
for the point of beginning; thence North 04'52'00" East along the easterly
line of said Thomas property 61.07 feet; thence North 05'13'00" East
along said easterly line, 188.93 feet to the northeasterly corner of
said Thomas property; thence South 83'46 '47" East parallel with the
centerline of U.S. Route 34, being along the extension easterly of the
northerly line of the aforesaid Thomas property 100.0 feet; thence South
05'07 " 52" West, 250.0 feet to a point on the centerline of U.S. Route
34 which is South 83'46'47" East from the point of beginning; thence
North 8 3'46'47" West along said centerline, 100.0 feet to the point
of beginning (excepting therefrom that part conveyed to the State of
Illinois by Warranty Deed recorded July 29, 1974 as Document No. 74-3611) ,
in the Township of Bristol , Kendall County, Illinois and containing
0.437 acres, and also that part of said U.S. Route No. 34 adjoining
the foregoing described tract.
Exhibit A I
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Exhibit B
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7.04 B-3 SERVICE BUSINESS DISTRICT I
A . Pem. i tted Uses
All uses permitted in Nursery
the B-2 District
Orchard
Agricultural Implement
Sales and Service Park - Commercial Recreation
Appliance - Service Only Plumbing Supplies and
Fixture Sales
Auction House
Pump Sales e
Automobile Sales and
Service Recreational Vehicle - Sales
and Service
Beat Sales
Skating Rink
Building Material Sales
y Sports Arena
Business Machine Repair
Stadium
Catering Service
Taxicab Garage
Drive- in Restaurant
'E.' ectrical Equipment Sales Tennis Court - Indoor
Trailer Rental
Feed and Grain Sales
' Truck Rental
Frozen Food Locker
Truck Sales and Service
Furniture Repair and
.R, _" inishin:; Upholstery Shop '
Bus or Truck Ut i 1 i t5• Company Maintenance
Yard
G,D l f Driving Range
i
Utility Service Yard or
Greenhouse Garage
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Kennel Veterinar% Clinic
Miniature Golf
Motorcycle Sales and Service
32 ;*
BK 2 9 2 pg1�
B. Special Uses
1 . All special uses permitted in the B-2 District .
2 . Amusement Park .
3 . Boat launching ramp .
' 4 . Boat Rental and Storage.
C. Lot Size
No lot shall have an area less than 2(l...Q& square feet .
D. Yard Area
No building shall be erected or enlarged
P g unless the
following yards are provided and maintained in connection
with such building , structure or enlargement :
I . 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 Covera 'e
i
No more than fifty percent ( 500) of the area of thr� zc,llln�;
lot may be occupied by buildings and structures , inclutiing
accessory buildings.
F. Building Height
1 No building or structure
shall
exceed a maximum height of twenty- five t( 25) rfeet , or to
Itwo ( 2 ) stories .
G. Off-Street Parking and Loading
All in accordance with regulations set forth in S r
9. 00 of the ordinance . a -ti�ii
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Accurate Mop of BK 2 9 2 PG
Territay Annexed to the United City of the l/iliag4 of Yorkville
4 �
A deed dated March 8, 1976 and recorded
March 10, 1976 as Document 76-1031 grants
an easement for ingress and egress over
this property from the entrance for the
benefit of the premises lying westerly
Nof this parcel , K �+
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m
_ 106i
47 W /0027
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4362/' --� r / KX�C7 1 —•�G
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a�KyTM.y .W )�•.YM/.
o /nd'cuvs iron Stoke Sel
Prepared by
domes M. 0/son Assocbtes, Ltd.
107 West Madison Street
Yorkville, lllinoi's 60560
Jonucry 19, 1990
No 3854
Dlone Lorson/No/lond