Ordinance 1988-13 l
8 $ 7 eK 18 3
ORDINANCE NO. 1988-/�
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT OF
YORKVILLE LIONS SWIM CLUB, 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 : The subject property is hereby annexed and zoned as
R-1, One Family District.
PASSED at a regular meeting of the,_Cj�ty Council of the United City
of the Village of Yorkville on `;,c, `� ` 19881.
SIGNED and APPROVED by me, as Mayor, this 4;-L-,day of 1988.
MAYOR
ATTEST:
CITY CLERK FILED FOR RECORD
KENDAL C u Ll:
DOC
(SEAL) /D m
DR' 2 1933
RECORDER OF DEEDS
SKI 83 P8�
.That part of the Northeast Quarter of Section 33 , Township 31 North , Range
7 East of the Third Principal Meridian described as follows : Commencing at
the point of intersection of the center line of McHugh Road with the South
line of East Main Street , as shown on the plat of "Woodworth Subdivisijn ,
The United City of the Village of Yorkville , Kendall County , Illinois" ;
thence South 89' 43' 28' East .along said South line 221 .94 feet for the
point of beginning; thence South 89' 43' 28" East along said South line
212.0 feet; thence Easterly along said South line , -being along a tangential
curve ' to the left having a radius of 1 ,666.0 feet, 255 .94 feet ; !hence
Southeasterly along a curve to the right having a radius of 25. 0 feet which
is a radial to the last described curve at the lzst described point , 40.04
,feet;', thence Southerly along a curve to the right having'a r&Alx's- Vf- 510:0
feet which is radial to the last described curve -at the last descrlb.ed p'p'-fn [,
-150.Q'.feet; 'thence South 8. 19'' 16"•West -along' &:•line which is- ta"eint. a the
�last'described curve at the "last'-described, point, 110.15 -,feet thence.'.North
9i 4 ;' -2.8" •West'-,478.83 :feet to a',,11p*,drarn South- a' -16' ,12: West perpendicular
a `r 5aa�h _li ne<`Prow the point;,of.�bey inning;- thence ,
North. 16' 32` East
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• STATE OF ILLINOIS
COUNTY OF KENDALL
ANNEXATION AGREEMENT TO THE UNITED CITY OF
THE VILLAGE OF YORKVILLE
r'' -+ �-
THIS AGREEMENT is made and entered into this day of ( ,
1988, 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 YORKVILLE LIONS SWIM CLUB, INC. , of the
City of Yorkville, Kendall County, Illinois, hereinafter referred to as "Owners".
WITNESSETH :
WHEREAS, the Owners, YORKVILLE LIONS SWIM CLUB, INC. , are the
owners of land, which lies generally 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 a public recreational use, that being a swimming pool 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 public recreational 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, i-rt 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 public recreational use 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.
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 R-1 One Family Residential
District.
2. 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.
3. 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.
4. 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: James Follmer
c/o Langland Realty
208 S. Bridge
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.
5. 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.
6. 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.
-2-
PGA
IN WITNESS WHIR F, the undersigned have hereunto set their
hands and seals this �` ` \day of , 1988.
UNITED CITY OF THE VILLAGE OF
YORKVILLE, Kendall County, Illinois.
MAYOR
ATTEST :
CITY CLERK
YORKVILLE LIONS SWIM CLUB, INC. ,
an Illinois Not-For-Pr fit Or anization
BY:
Pr ident
ATTEST : i
Secretar
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L
DERMAN L E N
AL MAN ALDERMAN
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DERMAN ALDERMAN '
A DERMAN AL RM
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?TER OF SECT/ON 33-37-7
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State of Illinois:
:SS
County of Kendall :
This is to certify that we, Donahue, Thornhill
and Olson, Illinois Registered Land Surveyors, have surveyed that
Dart of the Northeast. Quarter of Section 33, Township 37 North,
Range 7 East of the Third Principal Meridian described as follows:
:ommencing at the point of intersection of the center line of McHugh
Road with the South line of East Main Street, as shown on the plat
of "Woodworth Subdivision, The United City of the Village of Yorkville,
Kendall County, Illinois" ; thence South 89°43'28' East along said
South line 227.94 feet for the point of beginning; thence South
39°43'28" East along said South lime 212.0 feet; thence Easterly
along said South line; being along a tangential curve to the left
having a radius of 1 ,666.0 feet, 255.94 feet; thence Southeasterly
along a curve to the right having a radius of 25.0 feet which is
radial to the last described curve at the last described point,
10.04 feet; thence Southerly along a curve to the right having a
radius of 510.0 feet which is radial to the last described curve
at the last described point, 150.0 feet; thence South 8°19' 16' West,
along a line which is tangent to the last described curve at the `
last described point, 110. 15 feet; thence North 89°43'28" West
478.83 feet to a line drawn South 0°16' 32" West oeroendicular to said
South line from the point of beginning; thence North 0 016'32" East
260.65 feet to the point of beginning in Bristol Township, Kendall
County, Illinois and containing 3.000 Acres as shown by the plat
hereon drawn which is a correct representation of said survey.
All distances are given in feet and decimal parts thereof.
Dated Yorkville, Illinois May 27, 1982
v�721,. C2zzcz-✓
I11T'inois Registered land Surveyor No. 2253
2038
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