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
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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.
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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
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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
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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
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