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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 BK 14 o P6 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 6K 14 0 PG c 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- 6K 1 4 o 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 v ,.y E MAN ALDERMAN -3- 8K 14 0 P862Z.I 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 184°59pp"w 489.03' G Y II i I 0 %r C• .�i �j ' � N c, Aga i i h f� �8 0 O o � .O a a t� h � 6 �0 ° o � � 50' � o N88 045 00 E c; 150.0' h vL O o � o 0 o °- of Yorkville -- Present Corporote Limits of the Cily N88°4 DOSE— 384.41 Quinsey Road 1 1 Prepared by Donahue, Thornhill and Olson 217 South Bridge St/w/ Q Yorkwi//e, Illinois 60560 ( 312) 553-0050 O G �yi