Ordinance 1990-08 �- BK 2 g 2 P6
ORDINANCE NO. 1990- .�
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT OF
PRIDE PETROLEUM REAL ESTATE
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 , 190.
SIGNED and APPROVED by me, as Mayor, this &Jday of 19
ROBERT E. DAVIDSON JR. , Mayor
ATTEST:
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CITY CLERK
(SEAL)
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ATL OF ILLINOIS )
SS.
COUNTY OF KENDALL )
ANNEXATION AGREEMENT TO THE UNITED CITY OF
THE VILLAGE OF YORKVILLE
19� THIS AGREEMENT is made and entered into this day of
'p by and between the United City of the Village of Yorkville, Yorkville,
Illi ois a municipal corporation, located in Kendall County, Illinois, hereinafter
referred to as "City", and FrW9Xket WNKXFA)MX Thomas D & Edith J Hughes
of the City of St. Charles, Kane County, Illinois, hereinafter
referred to as "Owner".
WITNESSETH :
WHEREAS, the Owner, � gX Thomas D & Edith J Hughes
is the owner of land, which lies generally South 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
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 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, prepar d by James M. Olson & Associates Ltd. ,
and dated k , 19.�,2_, and in accordance with the terms
and condition 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.
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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:
1. 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= Special Use for Gas Station in addition to normal B-3 uses.
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-Owners and their successors, heirs, and assigns shall
be given 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 sewer
hook-up fees due the Yorkville-Bristol Sanitary District which 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
Petitioners-Owners, or their successors heirs and assigns 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) United City of the Village of Yorkville Plan Commission and City Council
reserve the right to review all final site-plan drawings prior to issuance
of building permits.
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,
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OWNER:
iiX11 Th mas and Edith J. Hughes
l
-THOMAS HUGHES, Pre ident
ALDERMAN ALD RMAN
;kL,DEP,MAN ALDERMAN
A MAN ALDERMAN
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ALDERMAN ALDERMAN
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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: Thomas D. & Edith J. Hughes
c/o Thomas Hughes
4KM:�XEWX9�55 1035 N. 2nd Ave., St. Charles, Il.,
St. Charles, IL 641,1 60174
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 VffREOF, the u dersigned have hereunto set their hands
and seals thisay of 19AZ.
UNITED CITY OF THE VILLAGE OF
YORKVILLE, Kendall County, Illinois
B Y � � +srG�-✓
ROBERT E. , DAVIDSON JR, Mayor
ATTEST: f t<< A ;�c City Clerk
Clerk
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LEGAL DESCRIPTION
This is to certify that we , James M. Olson Associates, Ltd. , Illinois Registered Land
Surveyors, have surveyed that part of the Southeast Quarter of Section 5 and of the Northeast
Quarter of Section 8 and of the Northwest Quarter of Section 9, Township 36 North, Range
7 East of the Third Principal Meridian, described as follows: Commencing at the Northeast
corner of said Section 8; thence southerly along the East line of said Section 8, a distance
of 569.2 feet to the center line of Illinois State Route No. 47; thence northwesterly along
said center line to the center line of Illinois State Route No. 71 for the point of beginning;
thence southeasterly along said Route No. 47 center line 1 ,051 .74 feet; thence southerly
.along a line which forms an angle of 12647'00" with the last described course measured
counter-clockwise therefrom,' 429.93 feet; thence westerly along a line which forms an angle
of 101'06'07" with the last described course measured counter-clockwise therefrom, 571.25
feet to the easterly line of Lot 6 as shown by a plat recorded in Plat Book 3 on Page 65;
thence northerly along said easterly line, which forms an angle of 89 29'29" with the last
described course measured counter-clockwise therefrom, 662.08 feet to the northeasterly
corner of said Lot 6; thence southwesterly along the North line of said Lot 6 and the North
line of Lots 7 and 8 as shown on said plat, which forms an angle of 39'48'31" with the last
described course , measured clockwise therefrom, 609.27 feet; thence northerly along a line
which forms and angle of 48'47'08" with the last described course , measured counter-clockwise
therefrom, 967.45 feet to the center line of said Route No, 71 ; thence northeasterly along
said center line, 613.84 feet to the point of beginning in Kendall Township, Kendall County ,
Illinois and containing 20.821 acres as shown by the plat hereon drawn which is a correct
representation of said survey.