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Ordinance 1988-06 BK 13 6 P6 '.1 ORDINANCE NO. 1988- j�e 3 S f'N`I e AN ORDINANCE AUTHORIZING ( ;`KU ,L LC- , 1 L.tres(Au THE EXECUTION OF AN ANNEXATION AGREEMENT OF HENNE 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 - '-M, , , i��_, 19#: SIGNED and APPROVED by me, as Mayor, this _Z�day of 19 . SLID FOR RECORD IMWAU COUNTY !LL r 5F1-- - 7 MAYOR 11 R /y)• '\PR 201988 ATTEST ' CITY CLERK (SEAL) RECORDER OF DEEDS BK 13 6 PG-...- f EXHIBIT "A" Lot 2 of Perkins Subdivision, Bristol Township, Kendall County, Illinois, in the Township of Bristol, Kendall County, Illinois. Accurate Mao of of lot 39 T rritory Annexed to the United City of the Vi//age of Yorkwi/le a M g Y o m 42269• —_ _g /4344 � 27529 —300 �21 Annexed IBS r � 3W a 4�163 Mu.mr/y ww N o MOO Of /avw coveyed ro Un/or No0ona/ Bunk and must company ----- --- of -Wvf, Aw"S by d"d two dsd A# 19, 197? as documoof No. 72-3303 I.0 /.r Prepared by Donohue, Thornhill and 0/son 217 South Bridge SIMI Yorkvi//e, Illinois 60560 ( 2)553-0050 Ak STATE OF ILLINOIS BK 13 PG 6 8 ss. 6 COUNTY OF KENDALL 4 ANNEXATION AGREEMENT TO THE UNITED CITY OF THE VILLAGE OF YORKVILLE I RJ1 THIS AGREEMENT is made and entered into this '4 I,day of 1987, 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 REBECCA L. HENNE of the City of Yorkville, Kendall County, Illinois, hereinafter referred to as "Owners". WITNESSETH : WHEREAS, the Owner, REBECCA L. HENNE 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 Owner is 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 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 desireable 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 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 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 and and in accordance with the terms and conditions of this Agreement; and WHEREAS, the Owner and her 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 provided in Chapter 24, Sections II-15. 1-1 through II-15.1-5, Illinois Revised Statutes, 1985, as amended, as follows : 1. ANNEXATION AND ZONING : The City shall adopt an ordinance PG&7 at;nr xing to the City al the real estate described o, _xhibit "A" a$nKd It City in said ordinance _ Al zone the real estate descry. .d 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 her 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. D) The City shall allow a rear property line setback of 7' for Petitioner -Owner's buildings. E) The City shall allow Petitioner-Owner to continue to use the si nage that is presently existing on the premises; or in the alternative if -the existing tenants do not have their current sign up, a sign containing no more than 50 sq. ft. of signage per each tenant located on the premises. F) That the Petitioner shall be allowed all current uses on their premises as existing for the entire time they own said premises. In the event petitioner sells the subject real estate, al{ existing uses would be permited thereon unless there was an interruption in use for a period of one year, at which time no tenant would be allowed to undertake a non-conforming use. G) The existing tenants on said premises and their business type are as follows: W. H. Henne Electric Sales and Service, Bazan Landscaping Sales and Service, McCarty Fire Equipment Sales and Service, Anderson Interiors Sales and Service, Norms Auto Repair Sales & Service, Small Engine Emporium Sales and Service, Fox Valley Flooring. 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- BK 13 6 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 308 S. Bridge Street Yorkville, Illinois 60560 If to the Owners : Rebecca L. Henne P.O. Box 51 Yorkville, IL 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 WITNESy Sir , EREOF, thT undefisigned have hereunto set their hands and seals this 1 day of ! :P_ l 198*. UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois. MAYOR ATTEST : CITY CLE' K -3- OK 13 6 pe-7-L OWNER OWNER ALDERMAN AL r, AL MAN ` DERMAN W ALDERMAN %}. 4EM-V4 AL ERMh1�, A O K I 3 b EXHIBIT "A" Lot 2 of Perkins Subdivision, Bristol Township, Kendall County, Illinois, in the Township of Bristol, Kendall County, Illinois.