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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 .i1S 1. wnsll.tQ., Xandall�tiCounty , t�t��TT� ♦���F_,]�il�F-a►sj �.. '�'. � dL'I�.rJ� 'i'...Sr+S ti r ^ :al. � ;t-r.:.�. an 1 ,9 3 • 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 1 L DERMAN L E N AL MAN ALDERMAN /12,' DERMAN ALDERMAN ' A DERMAN AL RM -3- 'RViFY OF BK 18 3 P6�•�.l ?TER OF SECT/ON 33-37-7 -L COUNTY /LL/NO/S �w 8 rJ% 6 SAL / `v 6 v0 ' 'o 'o STREET 8-1666.0' _ 306.80' 3 R=1666.0 �` . 0 255.94 oa_ v exo/ion Odinance— 77-6253 645 O' O O GR E5 Qt Q, P h I h 50 .3 0 O h o INDICATES IRON STAKE SET 478.83 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 PLAT OF PART OF THE NORTHEAST QC a I BRISTOL TOWNSHIP KE � = Z 33' I 93' z ^ o � 7 O v y 60' W I � V b EAST MA, -- 58904328E 22794' - S89°4328 E 2120' 2430 ---------------- _ S1ri de i - X4.73' p p ded os "Sanitary Sewer EosemenJ"on /9840 -------------- - —— recorded October 19,1977 as Oocun ' S85°2803'E— 240.0 ---� 41.60'— -- NB9°4328' ------ 6'0'J'r �w°`ded kg0• ' ^ eyed d Po9 ' ��j0� 00- ' I N85028 03l W 240 p' ' ---�---- - BO' i J J ---- ------------------- _282d� J i N8904328"W 218.27' me � cl h � I 2 N89°4328"W W t ao z J � � I 3 I rj1 AT )fillIVa- i YnRKV//IF /inmz ri//A