Ordinance 1988-05 BK
ORDINANCE NO. 1988- Jr
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT OF
OSWEGO COMMUNITY BANK as TRUSTEE UNDER TRUST #86 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 l;` , , 1988.
SIGNED and APPROVED by me, as Mayor, this /vj1 day of ; �� !� 1987.
MAYOR
ATTEST: FUEL?FOR RECORD
DOC KENDAL COUNTY ILA.',
CITY CLERK J— Fl-
APR 11 1988
(SEAL)
RECORDER OF DEEDS
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BK 13
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Prepared bye
Donohue, Thornhill and Olson
217 South Bridge Street
Yotkvi//e, ///inois 60560
(312)553-0050
October /, 1987
city of Yorkville 1&2940 C
-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 ll-Y)4
1987, by and between the United City of the Village o Yorkville,
Yorkville,
Illinois a municipal corporation, located in Kendall County, Illinois, hereinafter
referred to as "City", and Oswego Community Bank as Trustee, under Trust
#86.
WITNESSETH:
WHEREAS, the Owners, Oswego Community Bank as Trustee, under
Trust #86, is the owner 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 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
1,'lHEREAS, 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 requesters 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, prepared by Donahue, Thornhill and Olson xr)o(
XdOXOWXXXX),X`:XX;'.XXXXXXX $X and in accordance with the terms and
conditions of this Agreement; and
WHEREAS, the Owner and its representatives have discussed the pro-posed
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.
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 11-15.1-5, Illinois Revised
SKI 3 4 paa-
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 Petitioner-Owner voluntarily
annexing to the City, the City will do the following:
A) Petitioner-Owner 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 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
Petitioner-Owner, or its successors, heirs and asigns 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) The City agrees to extend an existing inch sewer main from
its present location east of the Lung Association parallel with Countryside
Parkway, and to bore said sewer main at City expense under Illinois
State Route 47. Petitioner-Owner shall bear all costs of extending
said main south from said boring to its property boundary.
E) The City reserves the right to re-capture from Petitioner-Owner
the proportionate share of the cost of the City extending said sewer
main. The amount of said recapture shall be determined on a per
acre basis apportioned among the owners of real estate in an area
bound by Illinois Route 34 on the south, Illinois Route 47 on the
west, Kennedy Road on the north, and the eastern boundary line
of estate owned by John G. Conover, running south from its intersection
with Kennedy Road to its intersection with Illinois Route 34.
F) The City agrees to aid in the acquisition of an easement for sewer
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GK 13 4 PGJZA�'
line purposes along the frontage on the east side of Route 47.
Petitioner agrees to grant to the City a 15 foot easement for purposes
of the maintenance of sewer mains to be installed therein.
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 TERMS: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 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
308 S. Bridge Street
Yorkville, IL 60560
If to the Owners: Oswego Community Bank
as Trustee Under Trust #86
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 ofJGH 1988
-3-
UNITED CITY OF THE VILLAGE OF
YORKVILLE, Kendall County, Illinois
Z_qt
AYOR '
ATTEST:
CITY CLERK
OSWERO 9SWEGO, ILL
OW N E
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ALDfRmr AL W', 1 .
ALDERMAN ALDERWO
ALDERMAN ALDERMA
ALDERMAN ALDERMAN
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and it is expressly .o .t_..e }. r,
parties hereto .n,thi,gcrein _ .. .. `
Withstanding, that ce:ch '2 a, of t'� u°
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not U., personal under:...i:.nc s and � `
or for the zu'pose of
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personally, but executed - _ ` v"cn
sclely in tF.e exercise of the l ;
it ac, such Trustee, and no
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BK 13 PG1e°2
EXHIBIT "A"
PARCEL OBE: Oswego Community 3ank ATU Tr. # 86
That part of the North West Z of Section 28, Township 37 North, Range 7 East of the
Third Principal Meridian, described as follows: Commencing at the Intersection of U.S.
Route No. 34 with the Easterly right of way line of Illinois Route No. 47 ; thence
Easterly along said center line, 282.21 feet to a point hereinafter described as point
"A" ; thence Easterly along said center line, 256 .0 feet; thence North 06 Degrees, 05
Minutes, 27 Seconds East along a line which forms an angle of 91 Degrees, 05 Minutes,
21 Seconds with said center line (measured from East to North) , 250.0 feet for a point
of beginning; thence North 82 Degrees, 49 Minutes, 12 Seconds West parallel with said
center line 255.56 feet to a line drawn North 06 Degrees, 11 Minutes, 23 Seconds East
parallel with said Easterly right of way from paoint "A" aforesaid; thence North 82
Degrees, 34 Minutes, 05 Seconds West parallel with the Southerly line of premises
conveyed to the Old Second National Bank of Aurora as trustee by Document No. 79-3006,
397. 16 feet to the original center line of said Route 47 ; thence North 06 Degrees, 11
Minutes, 23 Seconds East along said Original center line, 395. 89 feet to the Southwest
corner of said Old Second National Bank of Aurora Tract; thence South 82 Degrees, 34
Minutes, 05 Seconds East along said Southerly line and said Southerly line extended,
652.07 feet to a line drawn North 06 Degrees, 05 Minutes, 27 Seconds East from the
point of beginning; thence South 06 Degrees, 05 Minutes, 27 Seconds West, 394.78 feet
to the point of beginning, in the Township of Bristol, Kendall County, Illinois.
PARCEL TWO: Oswego Community Bank ATU Tr. # 86
That part of the North West 4 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 for
the point of beginning; thence Easterly along the center line of U.S. Route 34, a
distance of 282.21 feet; thence Northerly parallel with the East right of way line of
Illinois Route 47, a distance of 250 feet; thence Westerly along a line which is
parallel to the Northerly line of lands conveyed to John Demetralis and Anna
Demetralis by deed dated October 18, 1938 and recorded in Book 91 at page 474 as
Document 69176, in the Kendall County Recorder 's Office, Kendall County, Illinois, to
said Easterly line of Illinois Route 47; thence Southerly along the East right of way
line of Illinois Route 47 to the point of beginning; in the Township of Bristol ,
Kendall County, Illinois.