Ordinance 1990-10B Bh
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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)
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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.
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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.
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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
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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—
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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
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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