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Ordinance 1990-04 BK 2 71 >pC � ,a ORDINANCE NO. 1990- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF OLD SECOND NATIONAL BANK OF AURORA AS TRUSTEE under Trust #1986 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 w. SIGNED and APPROVED by me, as Mayor, this y7t day of � L/�- ROBERT E. DAVIDSON JR-..',/ Mayor c. ATTEST: i CITY C1 ERK (SEAL) 8K271 PGa,� 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 16th day of November , 1989, 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 Old Second National Bank of Aurora as Trustee under Trust #1986, of the City of Aurora, Kane County, Illinois, hereinafter referred to as "Owners" . WITNESSETH : Old Second National Bank of Aurora WHEREAS, the Owners, as Trustee under Trust #1986 , are the owners 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 Owners are desirous of using said real property described in Exhibit "A" for business use and are desirous of assuring to themselves that said land can be used for said purposes if said land is annexed to the City of Yorkville; and WHEREAS, the Owners have 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 desireable addition to the City; and WHEREAS, the City has requested the Owners to annex the said land into the City and its Plan Commission and Zoning Board of Appeals and the City Council have heretofore approved the proposed land use and the zoning of the same at the joint request of the Owners 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 Owners 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, prepared by Donahue, Thornhill and Olson and dated 19 and in accordance with the terms and conditions of this Agreement; and WHEREAS, the Owners and their representatives have discussed the proposed Annexation and have had public meetings with the Plan Commission, the Zoning Board of Appeals, 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 . 8N271 W 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 Petitioners-Owners voluntarily annexing to the City, the City will do the following: A) Petitioners-Owners and their successors, heirs, and assigns shall 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 I" 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. 3. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE: Except as herein modified or varied, the Owners shall comply, in all respects with all of the provisions of the Subdivision Control Ordinance of the City in the development of the real estate herein described in the event of any future development on the subject property. -2- OK271 PG 4. BINDING EFFECT AND TERM: 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 hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or set 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 Attorney at Law 1107A S. Bridge Street Yorkville, Illinois 60560 If to the Owners: Old Second National Bank of Aurora as Trustee, under Trust #1986 c/o Ray Alderson Fair Realty 1213 N. Bridge Street Yorkville, Illinois 60560 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 WHEREOF, the undersigned have hereunto set their hands and seals this day of , 19". UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois. MAYOR —3— c ATTEST: OLD SECOND NATIONAL BANK OF AURORA • RIDER ATTACHED HERETO IS BY: EXPRESSLY MAD A pnpr HER E@ ATTEST OWNER ' HERE@ � OWNER 7/r 111r;' ALDERMAN L7 ' t. ALDERMAN ALDERMAN Cr \ �k PEE�RM N V ALDERMAN AL R IVA N ALD MA —4 8!K 2 71 ,E R I DI;R A l l A:;HIM '10 AND PIADI: A PAR I OIL ANNEXATION AGREEMENT TO THE UNITED CITY OF 1UF V- L.1 AGE-OR ORKiL1.i.L.E DAIS ) November 16, 19890 MADE BY AND BETWEEN THE UNDERSIGNED AND the United City of the Village of Yorkville, Yorkville, IL This instrument is executed by OLD SECOND NATIONAL BANK OF AURORA, , not in any personal capacity, but solely as Trustee under and pursuant to that certain Trust Agreement herein described, and the Trustee does not obligate itself hereunder, anything herein contained to the contrary not- withstanding, to the performance of any of the terms, conditions and rep- resentations made and contained in the within instrument , it being specif- ically understood by any and all parties dealing with this instrument that it has affixed its signature hereto as such Trustee by direction in behalf of the beneficiary or beneficiaries under the said Trust without any inten- tion of binding the said Trustee in its individual capacity . The Trustee d "f has no knowledge of the factual matters herein contained and all agreements , conditions and representations are made solely upon direction in behalf of the beneficiary or beneficiaries as aforesaid, and no personal liability shall he asserted or be enforceable against said Bank by reason hereof or thereof, all such personal liability, if any# being expressly waived and released. IN WITNESS WHEREOF# OLD SECOND NATIONAL BANK OF AURORA, an Illinois Corporation, not personally but as Trustee under the provisions of a Trust Agreement dated February 5, 1974 _, and known as 'Trust Number, { _ 1986 , has caused these presents to be executed, sealed and l_eiivered this 16th day of November , A.U. 1989 . OLD SECOND NATIONAL BANK OF AURORA, As Trustees as aforesaid, and not personally r BY: r _ Trust Officer `7 ATTEST: 'Trust Uf f ices ti eK 2 71 , a S'L'ATE OF ILLINOIS ) SS COUNTY OF KANE ) I, the undersigned , A Notary Public in avid for said County , in the State aforesaid , DO HEREBY CERTIFY that the aforementioned 'Trust Officers of OLD SECOND NATIONAL BANK OF AURORA, personally known to me to be the sn"le persons whose names are subscribed to the foregoing instrument as such Trust Officers , appeared before me this day in person and actnowledged that they signed and delivered the said instrument as their own free and voluntary ac'- yi and as the free and voluntary act of said Bank, for the uses and purposes therein set forth ; and the said Trust Officers did also then and there acknowledge that they , as custodian of the corporate seal of said Bank , did affix the said corporate seal of said Bank, to said instrument as their own free and voluntary act , and as the free and voluntary act of said Bank, for the uses and purposes therein set forth. Given under my hand and Notarial Seal this 16th day Of November 19 89 NOTARY PUBLIC "OFFICIAL SEAL" M. A. Kukta Notary Public, State of Iilinaia My Ganimmion Expires Mar,21,1993