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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 1 as Exhibit ana in accordance with the terms and nditions of this Agreem6 and BK292 PB 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 2 BK 2 9 2 ( "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. 3 BK292 PGL( ' 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 BK 2 g 2 ALD ` J ALDE DE F 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 1� , lly BK2 ,�z PO Z c.vr V 41 � 1 i Sot k QO h i ( 4 �t i � f t,s,/,VL ' Ar Alt PAY, or Q w� .✓G SPW s i Y� • r - 1 i Exhibit B A n ;7 K 2 9 2 P� 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 i I 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 33 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 �+ PcR cX ,: o m _ 106i 47 W /0027 i 4362/' --� r / KX�C7 1 —•�G N � i a 34 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