Ordinance 1988-11 . g ga ,-1� SK 140 PG.;�Ll
ORDINANCE NO. 1988- 1�
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT OF
FRELK 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 Unitec': City
of the Village of Yorkville on 4r) tc14 /- , 1981.
SIGNED arid APPROVED by me, as Mayor, this j- /�day of 1988.
MAYOR
ATTEST:
FILED
` KENDAII COW
' CITY CLERK
(SEAS.) MAY 19 190-3
RECORDER OF DEEDS'�r
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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 jelday of MAL, ,
1988, by and between the United City of the Village of Yorkville, YorkVinafter le,
Illinois a municipal corporation, located in Kendall County, Illinois, her
referred to as "City", and GEORGE FRELK and NORMA FRELK, of the City
of Yorkville, Kendall County, Illinois, hereinafter referred to as "Owners".
WITNESSETH :
WHEREAS, the Owners, GEORGE FRELK and NORMA FRELK, are the
owners of land, which lies generally North and East 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 Owners are desirous of using said real property described
in Exhibit "A" for R-2 Residential 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 Owners have presented and the City has considered
the tracts of land herein described for Residential purposes in order to make
said real estate a desireable addition to the City; and
WHEREAS, the Owners have requested the City 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 request
of the Owners; 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 Owners upon the annexation of
the real estate to the City to use said real property described in Exhibit
"A" for R-2, Single Family Residential Purposes to be located as shown in
the annexation drawing attache ere o, prepared by Donahue, Thornhill
and Olson and e7 'p l9�, and in accordance with
the terms and conditions of this Agreement; and
WHEREAS, the Owners and their representatives have discussed the
proposed 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 I1-15.1-1 through II-15.1-5, Illinois Revised
Statutes, 1985, as amended, as follows :
I. ANNEXATION AND ZONING : The City shall adopt an ordinance
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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 R-2 Single Family Residential
District.
Said zoning allowing the uses, size, density, areas, coverage, and maximum
building heights as set forth in the City Zoning Ordinance for R-2 Single
Family Residential District, said real estate to be used and developed in accordance
with this Agreement and with the City Subdivision Control Ordinance.
3. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE AND IMPACT
FEE ORDINANCE: Except as herein modified or varied, the Owners shall
comply, in all respects with all of the provisions of the Subdivision Control
Ordinance and the 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 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
City Attorney
Attorney at Law
308 S. Bridge Street
Yorkville, Illinois 60560
If to the Owners: George and Norma Frelk
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
-2-
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or to to correct any technical defects which may arise after the execution of
this Agreement.
IN WITNESS WHEREOF, t e undersigned have hereunto set their hands
and seals this day of 1988.
UNITED CITY OF THE VILLAGE OF
YORKVILLE, Kendall County, Illinois.
BY
MAYOR
ATTEST: ° (� �_[ '-
ter„_---- CITY C LE R
P .�k
OWR�6Y OWNER
L A MAN
D
1,01t J.4
ALDERMAN ALD AN
)AtDERM ALDERMAN
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E MAN ALDERMAN
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EXHIBIT "A"
That part of the Southeast quarter of section 28 and part or the Northeast
quarter of section 33 , Township 37 North, range 7 East of the third principal
meridian, described as follows : commencing at the Southeast corner of Decker ' s
Subdivision; thence North 88° 45 ' East along the center line of Quinsey Road
682 . 42 Feet ( this point here inafter referred to as point "A") ; thence North
88 045 ' East along said center line 150 feet for the point of beginning ; thence
North 88 045 ' East along said center line 380 . 19 feet ; thence North 10' 34 ' West
142 . 45 Feet ; Thence North 5001 ' East 788 . 80 Feet ; thence North 81 05 ' 30" West
489.89 Feet to a point drawn North 5001' East from said point "A"; thence South 5001' West
72 3 . 98 Feet to a point drawn North 5001' East 292.15 Feet from said point "A"; thence
North 88 45' East 150 Feet; thence South 5*01 West 292.15 Feet to the point of beginning,
in the Township of Bristol, Kendall County, Illinois.
AccurW8 Mop of
Territory Annexed to the United City of the Vi//age of Y04VIlle
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of Yorkville --
Present Corporote Limits of the Cily
N88°4 DOSE— 384.41
Quinsey Road
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Prepared by
Donahue, Thornhill and Olson
217 South Bridge St/w/
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Yorkwi//e, Illinois 60560
( 312) 553-0050
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