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Ordinance 1990-02 T BK271 ORDINANCE NO. 1990- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF BOB O. THOMAS and GLORIA M. THOMAS 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 4 19 "k. SIGNED and APPROVED by me, as Mayor, this ,?rat day of 197� , ROBERT E. DAVIDSON J Mayor G ATTEST: CITY CLERK (SEAL) BK271 PQ;R 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 �� day of 19 lk , by and between the United City of the Village of Yorkville, Yorkville, Illinois a municipal corporation, located in Kendall Countv, Illinois, hereinafter referred to as "City", BOB h. THOMAS and GLORIA M. THOMAS of the City of Dauphin Island State 6f, Alabama hereinafter referred to as "Owner" . WITNESSETH : WHEREAS, the Owner, Bob D. Thomas and Gloria M. Thomas is the owner of land, which lies generally North of and contiguous to the existincl 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 Exhihit "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 WI'EREAS, 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 Exhihit "A" for business and commercial use to he located as shown in the annexation drawing attached hereto, prepared by Donahue, Thornhill and Olson and dated �, �P:r"��1� / 191/o , and in accordance with the terms and conditions 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 dole 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. • 8K271 P02 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 111311, 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-Oviner and its successors, heirs, and assigns shall be given free water and sewer hook-ups, waiving any fee customarily paid to the City on land beinry annexed to the City for an unlimited period from the date of e)cecution of this agreement. Nothing contained herein shall be deemed to be a waiver of server hook-up fees due the Yorkville-Bristol Sanitary District �,,hich 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 he paid by the user. B) The City shall not allow any developer or other party to charge Petitioner-Owner, or its successors, heirs and asiclns 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. -2- BK271 � 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, 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 he in writing and shall be served upon any other party in writing and shall be delivered personally or sent b✓ 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 V 60560 If to the Owners : Bob D. Thomas & Gloria M. Thomas P.O. Box 408 Dauphin Island, Al_ 36528 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 -3- or to correct any technical defects which may arise after the execution of this Acireement. 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 B Y ROBERT E. DAVIDSON J Mayor ATTEST: r r,_��.�,. City Clerk OWNER: X c ALD _ ,.MAN DERM ArprKM AN ALDERMAN A M J ALDERMAN L ERMAN IV ALD MAN —4— .r 2 71 pG� EXHIBIT "A" 3 . PIN 02-28- 176-004 ( Chicago Title & Trust Co . , Tr# 58303 ) 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 and the center line of U . S . Route 34 ; thence Easterly along the center line of U . S . Route 34 a distance of 282 . 21 feet to the point of beginning ; thence continuing Easterly along said center line 96 feet ; thence Northerly parallel with the East right of way line of Illinois Route 47 a distance of 250 feet ; thence Westerly parallel with the center line of U . S . Route 34 a distance of 96 feet ; nce Southerly parallel with the East right of way line of Illinois ,te 47 a distance of 250 feet to the point of beginning , ( except that part conveyed to the State of Illinois for Highway purposes by Warranty Deed recorded July 29 , 1974 as Document 74-3609 ) in the Township of Bristol , Kendall County, Illinois .