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Ordinance 1990-10B Bh 2' 8 2 PG . ORDINANCE NO. 1990- lD AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF PATRICIA STARK 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 YU . SIGNED and APPROVED by me, as Mayor, this /C/fday of ROBERT E. DAVIDSON JR. , Mayor ATTEST: k t CITY CLERK CL RK (SEAL) BK282 PG 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/ %�clay of 19_, by and between the United City of the Village of Yorkville, Yorkv' e, Illinois a municipal corporation, located in Kendall County, Illinois, her nafter referred to as "City", Patricia Stark of the City of hereinafter referred to as 1°Owner". WITNESSETH : WHEREAS, the Owner, Patricia Stark 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 "JHEREA y, the Owner is desirous of using said real property describes! it 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 tracts 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 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 Cite 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 anne�,ation drawing a$tache I h a prepared by Donahue, Thornhill and Olson and dated ✓11�,p- �A 19 ;�� and in accordance with the terms and conditions of this Ac eement; an-r 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 d;jiy 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. BE282 PG 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 B-3 Highway Business District. Said zoning allowing the uses, size, density, areas, coverage, and maximum building heights as set forth on Exhibit "B", B-3 Highway Business District, said real estate to be used and developed in accordance with this 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-Owner and its successors, heirs, and assigns shall be riven 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 sever hook-up fees due the Yorkville-Bristol Sanitary District �,ahich 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 Petitioner-Owner, or its successors, heirs and asigns 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. D) The right of Owner and her successors, heirs, and assigns shall be grandfathered for the continued use of outdoor mobile signs as currently permitted under the Kendall County Zoning Ordinance. -3- BK 2z 3. COMPLIANCE WITH SUBDIVISION COINTROL 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 TERINIt: This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, successors, 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 herunder 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. gridne Street Yorkville, IL 60560 If to the Owners: Patricia Stark 5635 Shirley Drive Jupiter, Florida 33458 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 dive legal effect to the matters contained in this Agreement -3- BK282 PG !fig or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF,, the;un#ersigned have hereunto set their hands and seals this -day of / 19 UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois BY: ROBERT E. DAVIDSON JR. , IMayor ATTE=ST 'a') City CIe k OWNER: ERMAN AL P.M AL RMAN AL DIE MAN AL RM 4 ALD _ MA ALDERMAN ALDERMAN —4— �•. .4 BK 2 82 ru `_ems EXHIBIT "A" 1 . PIN 02-28-352-001 ( James Stark ) That part of the Southwest quarter of Section 28 , Township 37 North , Range 7 East of the Third Principal Meridian , decribed as follows : Commencing at the Southeast corner of Lot 13 of said Section , as per plat in Plat Book 1 , page 80 , said point being in the center line of Bristol Road ; thence South 88 degrees , 20 minutes , 0 seconds West along the Southerly line of said Lot 13 , 30 feet to the Westerly line of Bristol Road ; thence North 1 degree , 36 minutes , 0 seconds West along said Westerly line 80 feet ; thence North 59 degrees , 10 minutes , 30 seconds West 211 . 98 feet to the Easterly line of Illinois Route 47 ; thence North 36 degrees , 39 minutes , 0 seconds East along said Easterly line 76 feet for the point of beginning ; thence North 53 degrees , 21 minutes , 0 seconds West 30 feet to the center line of said Illinois Route 47 ; thence Northeasterly along said center line to the West line of said Bristol Road ; thence South along the West line of said Bristol Road to a point South 70 degrees , 57 minutes , 0 seconds East from the point of beginning ; thence North 70 degrees , 57 minutes , 0 seconds West 140 . 2 feet to the point of beginning ; in the Township of Bristol , Kendall County, Illinois . PIN 02-28-352-002 ( James Stark & Patricia Stark , h&w) That part of the Southwest quarter of Section 28 , Township .37 North , Range 7 East of the Third Principal Meridian , described as follows : Commencing at the Southeast corner of Lot 13 of said Section , as per plat in Plat Book 1 , page 80 , said point being in the center line of Bristol Road ; thence South 88 degrees , 20 minutes , 0 seconds West along the Southerly line of said Lot 13 , 30 feet to the Westerly line of Bristol Road ; thence North 1 degree , 36 minutes , 0 seconds West along said Westerly line 80 feet for the point of beginning ; thence North 59 degrees , 10 minutes , 30 second West 211 . 98 feet to the Easterly right of way line of State Route No . 47 ; thence North 36 degrees , 39 minutes , 0 seconds East along said Easterly line 76 feet ; thence South 70 degrees , 57 minutes , 0 seconds East 140 . 2 feet to the Westerly line of Bristol Road ; thence South 1 degree , 36 minutes , 0 seconds East along said Westerly line 127 feet to the point of beginning ; in the Township of Bristol , Kendall County, Illinois . W►R 14 '90 Accurate Moo of Territory Annexed to the United City of the I/i//aqe of Yorkvil le 0 0'( 30 30 V`\ 0 �O. m a 0 50' pJNZ m °o 0 m A n� ,Ae \� 0 TO V) �o i m� 30' 30' 3 50ulh605JCorner of La! 3 ,g ko per Plc/Book/ page 80 - o� 588-20'W Prepared by: Jornes M. 0/son Associates, Ltd. 107 West Madison Street n' co Yorkvi//e, ///inois 60560 March 12, 1990 city4p Yorkvi lle No. . 3-Q