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Ordinance 1988-12 g�-14 ,q)7 BK 159 PG;L ORDINANCE NO. 1988- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF GO-TANE SERVICE STATIONS, INC. 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. SECTION 3: That the subject property is hereby zoned B-3, Highway Business District. PASSED at a regular meeting of the City Council of the United City of the Village of Yorkville on �_. .� _s 1988. SIGNED and APPROVED by /me, as Mayor, this c,&,(_day of 1988. MAYOR FILED FOR RECORD A T T E- �: KENDAL' C ILL S oOC -o C— IT CLERK AUC:; 2 3 198$ (SEAL) (:/.-� RECORDER OF DEEDS i'o%�IC LF r c -fo t't-)er vv .sue;`"" -`:ms`s. , :., t, - .w , i jA°,k, ^• v .c t�.a.€z'� ;�r„-as- - _ .sY,' � r t%r.., pc•cr4n',.t..�!"`.'�{.` � ,*3yF,�f. -•tj s -_" sMw.� is � � 'T+s`- ..r. � wax `,p�..•...., r a. t a s...•-+.z.r='+-•..trY'N`• a-+ +II'h tr.li.. Md�'z -t- ; X ».'i •i�+•w+�i,^ _'�4 k -.c-aKm'.•- . :*t jt Ct a 3$c^ r _ „�"-Alta':, T�.i4'F�^W�aa�•.ne +�y z—�,,.�.� -.:. r Y. _ � ..r-•wvw•aoNea�••.•...wt-•ts- .. .-. .!+•+'+•¢•!f�. s.z � n . ., r..-. r.., .w..f4 srr..r.•rti.. .,...r, +.. � .,. .- .. - ♦ J That part of the Northwest ; of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: commencing at the intersection of the center line of D.S. Route 34 with the Easterly right of way line of Illinois Route 47 thence South 4 Degrees, 52 Minutes, 00 Seconds West along said Easterly line of Illinois Route 47, 180 feet for the point of beginning; thence North 4 Degrees, 52 Minutes, 00 Seconds Best along said Easterly line 180 feet to the center line of D.S. Route 34; thence South 83 Degrees, 46 Minutes, 47 Seconds East along said center line 385.72 feet; thence South 6 Degrees, 13 Vinutes, 13 Seconds hest 180 feet; thence Westerly 385 feet to the point of beginning, (except that part acquired by the Department of Transportation of the State of Illinois through proceedings held in the Circuit Court for the 16th Judicial Circuit as Case 74 ED 3); In the Township of Bristol, Kendall County, Illinois. CO �q ' .T�•• k �0: /c V///U V V/ IUIrKV C/Iy �S82 0 34p5" ° the l/i//o9e N $j 65207' of P I J 3 /00 P� N 00 o �� 25556 a G° un %0 0� h N, -- -4 0 385.72�'� / 560' 9� P i O ° mc.'r /, vice O — - Se __ -- — 385.0 � �r `v` e °� nr�xo/ion GJ(Q P�eSg°�nl° apt KJ 'Pe A Prepared by. Donchue, 7hornhi// and Olson 217 South Bridge Street YorAmIle, ///inois 60560 ( 312) 553-0050 October I, /987 m Cily r,_ Yorkville No. 2940 C SK 15 9 Mae STATE OF ILLINOIS COUNTY OF KENDALL ANNEXATION AGREEMENT TO THE UNITED CITY OF THE VILLAGE OF YORKVILLE THIS AGREEMENT is made and entered into this ,gay of ✓kn`,� , 1988, by and between the United City of the Village of Y0 ville, York ille, Illinois a municipal corporation, located in Kendall County, Illinois, h reinafter referred to as "City", and GO-TANE SERVICE STATIONS, INC. , of the City of Yorkville, Kendall County, Illinois, hereinafter referred to as "Owners". WITNESSETH : WHEREAS, the Owners, GO-TANE SERVICE STATIONS, INC. , are the owners of land, which lies generally West of and contiguous to the existing corporate limits of the City which said land is more particularly described on Exhibit "A" attached hereto and made a part hereof: and WHEREAS, the Owners are desirous of using said real property described in Exhibit "A" for business use and are desirous of assuring to themselves that said land can be used for said purposes if said land is annexed to the City of Yorkville; and WHEREAS, the Owners have presented an the Cit'�'l� has considered the tracts of land herein described for Business/ puF$�es 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 i1i 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 B-3 Highway Business District Purposes to be located as shown in the annexation drawing attached hereto, prepared by Donahue, Thornhill and Olson 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. BK 15 9 PG 2L 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: 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 shall allow Petitioners-Developers 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 Petitioners-Owners voluntarily annexing to the City, the City will do the following: A) Petitioners-Owners and their 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 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) That the City shall in no way interfere with the continued operation of the Petitioner's business; and has no difficulty allowing the expansion of Petitioner's business on additional land located behind its existing station so long as applicable lot lines setbacks and subdivision improvements are complied with by Petitioner. E) The City shall continue to grant a package liquor license to Petitioners in recognition of the fact that petitioners currently hold such a license in the County of Kendall. The City shall further grant Petitioners the right to continue to sell alcohol at the times allowed by the County of Kendall after its annexation into the United City of the Village of Yorkville in recognition of the current right possessed -2- BK 159 per" by said Petitioner. Said times of sale that will continue to be permitted by the City shall be to the hours of 6 A.M. to I A.M. on weekdays and the hour of 6 A.M. to I A.M. on Saturday and the hour of 10 A.M. to Midnight on Sunday. 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 success or 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 1107A S. Bridge Street Yorkville, Illinois 60560 If to the Owners: Go-Tane Service Stations, Inc. 949 S. Harlem Forest Park, IL 60130 Attn : Daryl Ward Attorney Joseph Cacciatore 527 S. Wells Chicago, IL 60607 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 -3- BK 15 9 P6 °2 this Agreement. IN WITNES `Q�EREOF, the Un+dersigned have hereunto set their hands and seals this - day of ✓ l 1988. GO-TAN E SERVI E STATION, INC. UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois. 444//y' MAYOR ATTEST : CCL-G(2C Ct�/trLr CITY CLERK ALbIEK7AN L ERMAN AL M ALDERMAN ALDIMMAN ALD N DERMA ALDERMAN -4-