Ordinance 1989-09 99 (00 SK 245 P@4 �
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FILED FOR RECM
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ORDINANCE NO. 1989-
ORDINANCE AUTHORIZING THE EXECUTION NOV 2 71989
OF AN ANNEXATION AGREEMENT
CONOVER/KENDALL COUNTY REAL ESTATE
RECORDER OF DEEDS
WHEREAS, it is in the best interests 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 be entered into by the City; 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 matter of said Agreement are ready, willing and
able to enter into said Agreement and to perform the obligations
as required thereunder; and
WHEREAS, the statutory procedures provided in Sections
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 have 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 .
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Section 2 : 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 the 26th day of
October , 1989.
SIGNED and APPROVED by me, as Mayor, on this 26th day of
October 1989.
Mayor
ATTEST:
City Clerk
(Seal)
Thomas W. Grant
Attorney at Law
P.O. Box 326
Yorkville, IL 60560
( 31'2 ) 553-0088
Atty Reg No 01035002
BK245 P6
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this 26 day of October ,
1989, by and between the United City of the Village of Yorkville,
a municipal corporation, located in Kendall County, Illinois,
hereinafter referred to as "City" , and the Merchants National
Bank of Aurora, as Trustee under Trust Agreement dated October 2 ,
1973 , known as Trust Number 2175, and the County of Kendall,
hereinafter referred to as "Petitioners" ,
WITNESSETH;
WHEREAS, The Merchants National Bank of Aurora is the title
holder of approximately 89 acres of land which lies Westerly of
and contiguous to the existing corporate limits of the City,
which land is more particularly described in Exhibit "A" attached
hereto and made a part hereof, and is sometimes hereinafter
referred to as "Subject Realty" , and
WHEREAS, the Petitioners are desirous of preparing said real
estate described in Exhibit "A" for development for governmental,
residential and commercial uses, and is desirous of assuring to
itself, on behalf of the beneficial owners that the land can be
used for said purposes if said land is annexed to the City and
subdivided, and,
WHEREAS, the City is willing to annex said land to the City,
and the Planning Commission and Zoning Board of Appeals have
heretofore approved the proposed land use as being in the best
interests of the betterment of the City, and have further
approved the proposed use as requested by Petitioners, and,
WHEREAS, all parties to this Agreement are desirous of
setting forth certain terms and conditions upon which the land
described in Exhibit "A" will be annexed to the City, and,
WHEREAS, on duly published notice and public hearings
conducted with regard to this agreement, and after due
consideration by the Planning Commission, Zoning Board of
Appeals, and the City Council, and pursuant to and in accordance
with the authority provided by Chapter 24 , Section 11-15. 1 et
seq, Illinois Revised Statutes, and in consideration of the
mutual promises and covenants herein contained, the parties do
hereby agree as follows:
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1. ANNEXATION AND ZONING
The City shall adopt an Ordinance annexing to the City all.
the land described in Exhibit "A", and also including all such
property not included in the legal description which extends to
the far side of any adjacent highways and roadways, and in
particular, U. S. Route 34 ; and the City shall in said Ordinance,
zone the entire Subject Realty into O-Office, R-2, R-3 and B-2
classifications, in accordance with the preliminary plat attached
hereto and marked as Exhibit "B" and thereon containing
designations in accordance with the foregoing classifications,
all of which classifications shall permit the uses, sizes,
densities, areas, coverage and maximum building heights as set
forth in the Zoning Ordinance as in affect at the date of this
Agreement. Provided, however, that the R-2 Zoning shall permit Duplex
Buildings or Apartments only.
Petitioners shall comply with the provisions of the
Subdivision Control Ordinance of the City and with all other
Ordinances of the City in effect at the date of this Agreement;
and it is expressly agreed that Zoning and Official Plan which
would affect the Subject Realty herein described be continued in
effect for a term of twenty (20) years and all Ordinances
relating to Subdivision Control, Building, Housing and related
restrictions which would affect the Subject Realty herein
described be continued in effect for a term of ten (10) years
from and after the date of this Annexation Agreement providing
that fees as related thereto may be amended by the City in
accordance with its regular procedure in the event said fees are
uniformly applied to all properties within the City of Yorkville
and properties to be annexed to the City of Yorkville.
2. STORM DRAINAGE
Petitioners agree to construct water retention/detention
facilities in such locations and to such specifications as will
reasonably meet the requirements of the State of Illinois and the
City of Yorkville. Petitioners will submit, in accordance with
the applicable ordinances of the City of Yorkville then existing,
engineering plans and specifications at such time as preliminary
plans are being submitted for consideration by the City,
specifying the location and engineering detail for said water
retention/detention facilities.
3. ON-SITE UTILITY CONSTRUCTION AND SUPERVISION
A. Petitioners shall construct and pay for all on-site
extensions for water lines, sanitary sewer lines, storm sewer
lines, retention and detention basins, and related necessary
appurtenances as required for the reasonable development of the
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BK 2 4 5 PGA
property described in Exhibit "A" in accordance with the
Subdivision Control Ordinance and other Ordinances of the City
of Yorkville, and shall. grant to the City, at no cost to the
City, easements for said utilities and shall transfer title, free
and clear of all liens and encumbrances, to the City to all on-
site public extensions (except household or domestic service
connections) for water lines, sanitary sewer lines and storm
sewer lines, and necessary appurtenances for affected portions of
the Subject Realty.
B. In the event the City requests Petitioners to over-size
certain water or sewer mains installed to serve the Subject
Realty, in anticipation of reasonable future annexation or
development of land that may be served by such mains beyond the
location of Subject Realty, such over-sizing shall take place on
the following basis: The Petitioners Consulting Engineer shall
have prepared cost estimates indicating the cost for the normal
sewer or water main size, and that requested by the City for
over-sizing, which estimates may be reviewed by the City's
Consulting Engineer. Such actual cost difference will be assumed
by the City. At the option of the City, City may reimburse
Petitioners in an equal amount to the cost of over-sizing or
shall credit Petitioners an equal amount against other fees
payable by Petitioners as a part of this Annexation Agreement.
C. The parties agree, however, that the conditions of
this paragraph do not obligate the City to allocating any sewer
or water capacity to the premises hereinabove described, and that
Petitioners or its successor expressly acknowledge that any
request for sewer or water capacity shall be subject to the
conditions then prevailing, and shall be on a "good-faith",
first-come, first-service" basis.
4. MISCELLANEOUS REQUIREMENTS
Petitioners agree to:
A. Adhere to measures for the prevention of soil erosion
during the various phases of construction of the development (per
requirements of the City and recommended procedures of the Soil
Conservation Service) ;
B. To comply in all respects with the applicable
provisions of the City Building Code and other related ordinances
in effect at the time the Petitioners make application to the
City for the building permit or permits in connection with the
construction of buildings and structures on the subject property,
whether said ordinances were amended after the date of this
Agreement or not.
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OK245 PG
C. Allow no direct vehicular access to U.S. Route 34 other
than Cannonball Trail and one additional access to Parcel No. 6
as identified in Exhibit "C. "
5. RIGHT TO SELL, TRANSFER OR ASSIGN
It is specifically understood and agreed that the
Petitioners shall have the right to sell, transfer and assign all
or any part of the Subject Realty to other persons, firms or
corporations for building or development purposes (as well as for
occupancy) ; and that such persons, firms or corporations shall be
entitled to the same rights and shall have the same obligations
as the Petitioners had under this Agreement. In the event of any
area sale, transfer or assignment, City shall be provided with
appropriate portions of the sales agreement detailing the
architectural and site planning provisions of said agreement. It
is expressly agreed by the City that the obligatory provisions of
this Agreement extend to Petitioners in its capacity as owner of
the premises, and that said obligatory provisions cease and
determine upon the transfer by Petitioners of ownership interests
in said property.
6. DURATION OF AGREEMENT
This Agreement shall inure to the benefit of, and be binding
upon, the assignees and successors in title of Petitioners and
upon successor corporate authorities of the City and its
successor municipalities. This Agreement shall be valid and
binding for a period of twenty (20) years from the date of its
execution or any extension thereof as herein provided.
Petitioners shall be permitted to complete any project that may
be underway at the time of the expiration of the Agreement in
accordance with the provisions hereof.
7. COMPLIANCE WITH STATE STATUTES
In the event that any one or more provisions of this
Annexation Agreement or resolutions or ordinances arising
therefrom do not comply with any one or more provisions of the
Illinois Revised Statutes, and the governing rules of the
Environmental Protection Agency, City and Petitioners, and any
successor or assigns, to comply with said provisions, which shall
include but not be limited to, the passage of resolutions and
ordinances to accomplish compliance with the applicable
provisions of the Illinois Revised Statutes, and the Rules and
Regulations promulgated by the Environmental Protection Agency,
or any other applicable governmental unit, board, or agency
having jurisdiction in the matter.
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8. NOTICES
Unless otherwise notified in writing, all notices, requests,
and demands shall be in writing and shall be delivered to or be
mailed by certified mail, return receipt requested, as follows:
IF TO THE CITY; City of Yorkville
c/o City Clerk
Tower Lane
Yorkville, Illinois 60560
WITH A COPY TO: Daniel J. Kramer
Attorney at Law
1107A South Bridge Street
Yorkville, Illinois 60560
IF TO THE Merchants National Bank
TITLE HOLDER: of Aurora
34 South Broadway
Aurora, Illinois 60505
WITH A COPY TO: McKenna, Storer, Rowe,
White & Farrug
Attorneys at Law
21 Manchester, Unit 400
Wheaton, Illinois 61087
and
Thomas W. Grant
Attorney at Law
202 East North
Yorkville, Illinois 60560
IF TO THE COUNTY County of Kendall
OF KENDALL: 110 West Ridge Street
Yorkville, Illinois 60560
WITH A COPY TO: Dallas C. Ingemunson
State's Attorney
109 West Ridge Street
Yorkville, Illinois 60560
or to such other address as parties may from time to time
designate in written notice to the other party.
9. MODIFICATIONS BY COMMON CONSENT
The City and Petitioners may, by common and mutual consent,
amplify, modify or otherwise agree to other terms and conditions
than those set forth within this Agreement.
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10. SEPARABILITY
The provisions of this Agreement shall be deemed to be
separable; and if any section, paragraph, clause, provision or
item of this Agreement shall be held invalid, the invalidity of
such section, paragraph, clause, provision or item, shall not
affect any other provisions of this Agreement.
United City of the Village of
Yorkville, a mu 'cipal corporation
By:
Mayor
ATTEST: ,(. r°> >� .;� .i �� �-r ��ra.L.
City `Clerk
(SEAL)
Merchants National Bank of Aurora,
as Trustee under Trust Agreement
dated October 2, 1973, known as
Trust Number 2175.
By:
Trust Officer
Titq-,6: 7gusr Qcrl=l g�e-
(SEAL)
County of K ndall
By Q41-L
Chairman
ATTEST:
(SEAL)
This TnstrmaeM Ts a 1»ff MAIM NATIONAL BANK OF AURORA, not
personally but solely as Trust", Ifs aforesaid. All the warranties, covenants and condi-
tions to be performed here;:m ;r by THE MERCHANTS NATIONAL BANK OF AURORA are
undertaken by it solely as Trustee, as aforesaid and not individually. No personal liability
shall be asserted or be enforceable aRa nst THE Id"RCHANTS NATIONAL BANK OF AURORA
by reason of any of the covenants, statements, representations or warranties contained in
this instrument, which are made and intended for the purpose of 91ndit oaly tha portion
of the trust property speciflcalh described hmm.
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EXHIBIT "A"
ANNEXATION DESCRIPTION
That part of the North Half of Section 29, Township 37
North, Range 7 East of the Third Principal Meridian, described as
follows: Commencing at the Northwest corner of said Section 29;
thence South 001 39 ' 10" East along the West line of said Section
429. 15 feet to the center line of U.S. Route No. 34 for a point
of beginning; thence South 840 57 ' 39" East along said center
line, 2068. 55 feet; thence Easterly along said center line, being
a tangential curve to the right having a radius of 7,473.42 feet
an arc distance of 1,675.95 feet; thence South 721 06' 43" East
along said center line a distance of 50 feet; thence South 170
53 ' 17" West a distance of 576.90 feet; thence South 13° 20' 05"
West a distance of 1,016. 33 feet; thence South 82° 24 ' 19" West a
distance of 115 .68 feet; thence North 670 18 ' 10" West a distance
of 112. 52 feet to the Easterly extension of the line of a fence
now monumenting the South line of property once owned by T.
Spencer; thence South 890 05 ' 00" West along said extended line
and said fence line a distance of 2, 689. 11 feet to said West
line; thence North 000 39 ' 10" West along said West line a
distance of 1, 481. 95 feet to the point of beginning in Bristol
Township, Kendall County, Illinois, and including U.S. Route 34
right-of-way.
Real Estate I - A: \ANNEX
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PLAT OF ANNEXATION
' i0 _ AREA TO BE ANNEXED TO THE UNITED CITY
OF THE VILLAGE OF YORKVILLE KENDALL CO
ILLINOIS .
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