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Ordinance 1989-09 99 (00 SK 245 P@4 � t ' FILED FOR RECM KEN C � DOC#. 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 . 6K 2 4 5 PG 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: 1 BK 2 4 5 PGA 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 2 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. 3 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. 4 8K 2 4 5 PC-- 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. 5 - SK 2 415 PQ�• 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. 6 BK 2 4 5 Pal 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 m X rn ri PLAT OF ANNEXATION ' i0 _ AREA TO BE ANNEXED TO THE UNITED CITY OF THE VILLAGE OF YORKVILLE KENDALL CO ILLINOIS . -- --. Z "- --AM- .0 .— _..-1 Z ccy c• � 't a C� �A ' dd *P PARCEL mo. ! S 79 At- CA cp e.. ..uT :.. r• 2% • �rwoPOfca arr u�ri ��� N tJ •i,. I,2 r>�tLliv�INAil r t-'LAAIV ur LUlvu V r rc J BK245 rub EXHIBIT "B" % -T�2 -_-- - _ 4 T 51 JRRiVISi IF •_ IN THE CITY OF YORKVILLE PROPOSED OFFICE [OFF NIENT SHOPPING AND OR ��-- 34. KENDALL CO. ILLINOIS. 19 8 S POND PROPOSED UPLEX ZOMN v SCALE: I'•100' 16 •ACRES �'• ROPO ED INGL FAMILY- \V. 4.5 ACR S ° �I r, I ��'� ,�"a•e� I 2 d , 4 S - \� ' �� PRELIMINARY DESIGN DATA P r.Y-uu or—c va,u.a AaT..Or.r y•......-S,- : i A� lY . SPACRES �/ TO:L—a oiin eA c.v 1 u[.w>woam co...nou.A•o MLLmca n.n Aun SWGLE FAM[r'� -al 35a -- GOI OVLCl LOTS 1•I LOTS I .]S AC.CS 2 O. uU OC—C>A.L>LOTS I.LOTS. .—Kf i SW0.E`?YLY 3 9 ' LS •PORES - �� r / z 1 ; L.6 ACRES 'I / a• +LOCpT10 MAP. 1 � PREPARED BY:Tli_.oJ�.g.Q_J.�-�>_••L TRO— CMSI.LTM fMOMCG. CQ L _ •'i:Y •G 'y DATED: MAY =p, 919 CONOVER LANE