Ordinance 1988-06 BK 13 6 P6
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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
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MAYOR 11 R /y)•
'\PR 201988
ATTEST
' CITY CLERK (SEAL) RECORDER OF DEEDS
BK 13 6 PG-...-
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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
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of -Wvf, Aw"S by d"d two dsd A# 19, 197? as documoof No. 72-3303 I.0
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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.
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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
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OK 13 6 pe-7-L
OWNER OWNER
ALDERMAN AL
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AL MAN `
DERMAN W ALDERMAN
%}. 4EM-V4 AL ERMh1�, A
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EXHIBIT "A"
Lot 2 of Perkins Subdivision, Bristol Township, Kendall County,
Illinois, in the Township of Bristol, Kendall County, Illinois.