Ordinance 1988-14 Z4 8KIS6 PGA
FILED FOR RECORD
KENDALL COUNTY ILL'
• DOC# �90� �
/a '4A
JAN 21983
ORDINANCE NO. 1988-
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT O� CURDER OF DEEDS
CRESTVIEW BUILDERS 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 Aareement 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 United City
of the Village of Yorkville on /1+1 1988.
SIGNED and APPROVED by me, as Mayor, this,72. /i- day of ,9r 1988.
MAYOR
ATTE-ST:
Zc 1 1_
CITY CLERK`
(SEAL)
STATE OF ILLINOIS BK 1 $6 PG 10-
ss.
COUNTY OF KENDALL )
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this �r i" day of A.,i�,l
1988, by and between THE UNITED CITY OF THE VILLAGE OF YORKVILLE,
ILLINOIS, a municipal corporation located in Kendall County, Illinois, hereinafter
referred to as "City" and CRESTVIEW BUILDERS INC. , of Naperville, Illinois,
hereinafter referred to as "Owners".
WITNESSETH :
WHEREAS, the Owners, CRESTVIEW BUILDERS INC. , own approximately
/3.9./Acres of land, which land 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 developing said real estate described
on Exhibit "A" for R-2 Single Family residential use and are desirous of assuring
to themselves that the said land owned by them can be used for said purposes
if said land is annexed to the City; and
WHEREAS, the Owners have presented and the City has considered the
tract of land hereinabove described for residential purposes in order to make
said real estate a desirable addition to the City; and
WHEREAS, the City is willing 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 herein
will be annexed to the City and also providing for the orderly development
thereof; and
WHEREAS, CRESTVIEW BUILDERS INC. , the Owners, and their representatives,
BK 186 PG�8S
have discussed the proposed development and have had numerous public meetings
with the Plan Commission, the City Building and Zoning Committee and the
City Council; and prior to the execution hereof, notice was duly published
and a public hearing held to consider this Agreement, as required by the
statutes of the State of Ilinois in such case made and provided.
NOW, THEREFORE, in consideration of the mutual promises and covenants
herein contained, and other good and valuable considerations, the receipt
and sufficiency of which are hereby acknowledged, the parties hereto agree,
pursuant to the terms and authority provided in Chapter 24, Section 11-15. 1-1
and following, Illinois Revised Statutes, 1987, as follows:
1 . The City having had filed with it, a Petition for Annexation to
the City, the City having agreed to adopt an ordinance annexing to the City
the real estate described on Exhibit "A", and zoning said real estate R-2
Single Family Residential District subject to the further terms of this Agreement,
into a One Family Residence District allowing the uses, size, density, areas,
coverage, and maximum building height as set forth on Exhibit "B", R-2,
One Family Residence District, attached hereto and made a part hereof.
2. In the development of the land hereinabove described, the Owners
shall have the right to subdivide and develop the real estate in units. In
connection therewith, the City Council has considered and has approved and
does hereby approve the Preliminary Plat of White Oaks Farm, Yorkville,
Kendall County, Illinois, a copy of said Preliminary Plat being attached hereto
and made a part hereof and marked as Exhibit "C". Fie? F°Ic-
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3. In connection with the development of the land hereinabove described,
the Owners shall comply withthe provisions of the Subdivision Control Ordinance
and of all other ordinances of the City in effect from time to time during
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Bk16PG-
the term of this Agreement governing the subdivision and development of
land including landcash ordinances and impact fee ordinances.
4. Owners and their successors, heirs and assigns acknowledge that
they are bound to make contribution under the City Land Cash Ordinance
as well as the contribution of $1 ,#50.00 per lot at the time of issuance of
each respective building permit as per the terms of the City Impact Fee Ordinance.
To the extent required by City ordinance or by engineering studies, Owners
agree to install any necessary water detention facilities and suitable storm
sewers to remove surface water from the proposed subdivision; and to reimburse
the City for all engineering review fees and City Attorney's fees incurred
in preparing the subject property for annexation to the United City of the
Village of Yorkville.
5. The Owners agree to improve the streets within said subdivision
in conformance with the City Subdivision Control Ordinance, whether said
streets are public or private streets. The Owners and their successors,
heirs and assigns, agree that the private street located north of the existing
Burlington Railroad Crossing is to be dedicated to the UNITED CITY OF
THE VILLAGE OF YORKVILLE, within five (5) years of the date of execution
of this agreement automatically without the filing of any further petition.
Owners and their successors, heirs and assigns further agree to acquire
a permanent easement for ingress and egress from the Burlington Railroad
and its successors, heirs and assigns to provide access to all lots located
north of said crossing. Until said dedication, Owners and their successors,
heirs and assigns shall be responsible for all maintenance on the private
street; and shall hold the City harmless and indemnify the City from any
claim resulting from said private road.
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BK 18 6 PG- 1
6. This Agreement shall be in full force and effect for a period of
ten (10) years from and after its execution by the parties hereto and shall
be and is hereby binding upon the successors, executors, administrators
and assigns of the respective parties hereto.
7. Any written notices required hereunder shall be served upon any
other party, in writing, and shall be delivered personally or sent by registered
or certified mail, return receipt requested, postage prepaid, addressed as
follows:
If to the City: City of Yorkville
c/o City Clerk
610 Tower Lane
Yorkville, IL 60560
With a copy to: Daniel J. Kramer
City Attorney
1107A S. Bridge Street
Yorkville, IL 60560
(or to the then City Attorney for the
City of Yorkville)
If to the Owners: Win Wehrli
124 S. Webster
Suite 202
Naperville, IL 60540
Or to such other address as any party may from time to time designate in
a written notice to the other parties.
8. 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.
9. Owners and their successors, heirs and assigns further agree to
provide the City as follows:
(A) The extension of City Sewer and Water Mains as set forth
in engineering drawings incorporated herewith as Exhibit "D" at their own
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BIB 1 8 6 now
cost.
(B) To post a suitable bond, letter of credit or acceptable security
for said improvements.
(C) To dedicate to the City one easement for sidewalk purposes
connecting with real property to the West along either side of Lot #
When the dedication and election of said sidewalk is made by the City; the
easement designated on the Plat not used shall revert to the ownership of
the then current legal titleholder to said lot.
(D) To form a private homeowners association charged with the
responsibility to maintain any club facilites, jogging or walking path, retention
ponds, lakes or other recreational facilities on the premises.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals the date and year first above written.
THE UNITED CITY OF THE VILLAGE
OF YORKVILLE, KENDALL COUNTY,
ILLINOIS,
By Authority of the City Council
Mayor
ATTEST:
City Tlerk
(Seal)
OWNER:
CRESTVIEW BUILDERS INC.
BY:
�7�-,%•.� �LZ
Daniel J. Kramer
Attorney at Law
1107A S. Bridge Street
Yorkville, Illinois 60560
312-553-9500
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Bk, l i3 r, pG 189
EXHIBIT "A"
Part of Section 32, Township 37 North, Range 7, East of the Third Principal
Meridian, lying South of the Fox River, described as follows:
Commencing at the Southeast corner of the Southwest Quarter of Section
32; thence due West 1026.32 feet along the South line of said Southwest Quarter
Section to a point; thence North 10 degrees 26 minutes 01 seconds West,
1049.44 feet to the true point of beginning, on the South right-of-way line
of Fox Road; thence continue North 10 degrees 26 minutes 01 seconds West,
3307 feet to a point on the South bank of the Fox River; thence Easterly
along the South bank of the Fox River to a point; thence South 3 degrees
05 Minutes 01 seconds West, 1955 feet to a point; thence South 3 degrees
59 minutes 06 seconds West, 168.74 feet to a point on the South right-of-way
line of Fox Road; thence South 66 degrees 14 minutes 01 seconds West, 1856.9
feet along said South right-of-way line of Fox Road to the point of beginning,
excepting therefrom the right-of-way of the Burlington-Northern Railroad
containing 113.937 acres, more or less, being situated in Kendall Township,
Kendall County, Illinois, subject to the rights of the public to that portion
being used as a public highway
r EXHIBIT "B"
': . Maximum Rui Idirig 11., i ,rilt No biii Idinv or structure
shall be erected or structurally altered to exceed
the following heights :
1 . One- family detached dwellinl;s : 'Twenty- five ( 25)
feet and not more than two and one-half ( 21 ) stories .
2 . Churches : Seventy- five ( 75 ) feet for towers and
steeples , but not more than forty-five ( 45 ) feet
for the main structure .
;i . Other non- residential permitted buildings and
�,trtictures shall not exc•.e(-A thirty- five ( 35 ) feet
and not. more than three ( 3 ) stories in height .
Parapet walls , chimneys , coining towers , stacks ,
and necessary mechanical apjrlrt,�nances may be erect-
ed over and above the maximum height of thirty-five
( 35) feet provided they are constructed in accord-
ance with all other regulations of Yorkville .
1 . Special Uses, : Maximum height limitations shall
he spoc, ifiird wi rh tho ;;rant : ii; of a Special Use
Permi L .
(x . 02 R-2 ONE-FAMILY RESIDENCE DISTRicr
:1. Permitted Uses . Tho following; ises are permitted :
Any permitted use in the 11- 1 On.?-Fnmi lv Residence
District .
l3. Special Uses . The following u3es may be allowed by
special us(, permit in accordan: • with the provisions
,) f Sc-ct.ion 12 . 00 : Any usv! pornitted as a special
rise in thf- R- 1 On(---Family ly District , sub-
section 6 . 01 exc(-pt. that. Plann --d Dovolopmenis may be
considered red %%-hc_re tho zoning tot proposed for develop-
ment has a gross area or not than ten ( 10) acres .
C. Lot Size and Allowable Density
1 . Lots with private wells and private sewage treat-
ment facilities : One acre with a width at the
building line not less than 125 feet . Density shall
not exceed one ( 1 ) dwelling unit per each acre .
Lots served by either public or central water systems
or public sewerage facilities : 20,000 square feet
with a width at the building line not less than 100
feet . Density shall not exceed two ( 2) dwelling
units per each acre .
20
3 . Lots served by both public sewerage and water facil-
ities shall have an area of not less than 12 ,000
square feet and a width at the building line of not
less than ' 80 feet . Density shall not exceed three
and three-tenths ( 3. 3) dwelling units per each acre .
4 . All non-residential principal uses of buildings as
permitted in this section shall be located on a
tract of land having an area of not less than two
( 2) acres , except municipal projects and developments .
5. Lot size for Special Uses shall be specified in the
special use permit , but shall not be less than two
( 2) acres .
D. Yard Areas. No building shall be erected or enlarged
unless the following yards are provided and maintained
in connection with such building , structure or enlarge-
ment :
1 . Front Yard. A front yard of not less than thirty
( 30) feet .
2 . Side Yard. A side yard on each side of the zoning
lot of not less than ten ( 10 ) feet , or 10`.6, which-
ever is greater, except where a side yard adjoins
a street , the minimum width shall be increased to
thirty ( 30) feet .
3. Rear Yard. A rear yard of not less than forty
(40) feet .
E. Lot Coverage. Not more than 20 percent of the area of
a zoning lot may be covered by buildings or structures ,
including accessory buildings.
F. Maximum Building Height . Same regulations shall apply;
as permitted or required in the R-1 One-Family Resi -
dence District .
6.03 R-3 GENERAL RESIDENCE DISTRICT
A. Permitted Uses. The following uses are permitted:
1 . Any of the permitted uses in the R-2 Residence
District .
2. Two-family detached dwellings .
21
' :
OWNER ' S CERTIFICATE
® STATE OF ILLINOIS )
at o f 11 nex at 10, n COUNTY . 01= KENDALL ) SS .
THIS IS TO CERTIFY THAT 1ftWE
- AND / ARE THE OWNER ( S ) OF THE LAND DESCRIBED IN THE ABOVE
SURVEYOR ' S CERTIFICATE , AND THAT I / WE HAVE CAUSED THE SAME
TO BE SURVEYED , SUBDIVIDED AND PLATTED AS SHOWN BY THE
® YORKVILLE
ILLINOIS ANNEXED PLAT FOR THE USES AND PURPOSES THEREIN SET FORTH AS
T 0
THE
VILLAGE
ALLOWED AND PROVIDED BY STATUTE , THE SUBDIVISION TO BE KNOWN
I
AS :
41TE" OAK SUED IVI SloN � r
PART OF SECTION 32 , TOWNSHIP 37 NORTH , RANGE 7 , EAST OF THE THIRD PRINCIPAL MERIDIAN , LYING SOUTH OF THE
AND I WE HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE
- FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION III I /
WE RIVER , DESCRIBED AS FOL 0 Q
32 ; THENCE DUE WEST 1026 . 32 FEET ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER SECTION TO A POINT ; THENCE STYLE AND TITLE AFORESAID .
NORTH 10 DEGREES 26 MINUTES 01 SECONDS WEST , 1049 . 44 FEET TO THE TRUE POINT OF BEGINNING , ON THE SOUTH
RIGHT - OF - WAY LINE OF FOX ROAD ; THENCE CONTINUE NORTH 10 DEGREES 26 MINUTES 01 SECONDS WEST , 3307 FEET TO DATED THIS DAY OF 19 , .
A POINT ON THE SOUTH BANK OF THE FOX RIVER ; THENCE EASTERLY ALONG THE SOUTH BANK OF THE FOX RIVER TO A
OiNT ; THENCE SOUTH 3 DEGREES 05 MINUTES 01 SECONDS WEST , 1955 FEET TO A POINT ; THENCE SOUTH 3 DEGREES
5 � i�11NUTES 06 SECONDS WEST , 168 . 74 FEET TO A POINT ON THE SOUTH RIGHT - OF - WAY LINE OF FOX ROAD ; THENCE _ j''
,w�
SOUTH 6b DEGREES 14 MINUTES 01 SECONDS WEST , 1856 . 9 FEET ALONG SAID SOUTH RIGHT - OF - WAY LINE OF FOX ROAD ( OWNER ) COWNI= f? )
1 l
TO THE POINT OF BEGINNING , EXCEPTING THEREFROM THE 'RIGHT — OF — WAY OF THE BURLINGTON — NORTHERN RAILROAD
Oy CONTAINING 113 . 937 ACRES , MORE OR LESS , BEING SITUATED IN KENDALL TOWNSHIP , KENDALL COUNTY , ILLINOIS ,
it
SUBJECT TO THE RIGHTS OF THE PUBLIC TO THAT PORTION BEING USED AS A PUBLIC HIGHWAY .
NOTARY PUBLIC CERTIFICATE
STATE OF ILLINOIS ) SS .
COUNTY OF KENDALL )
�SOUT,y BAit/e l7F FO.IIll PiVE,P
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NOTARY PUBLIC IN AND FOR
y - THE STATE AND COUNTY AFORESAID , DO H FY
EREBY CERT THAT
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' --- PERSONALLY KNOWN TO BE TO BE THE SAME PERSONS WHOSE NAMES ARE
SUBSCRIBED TO THE FOREGOING CERTIFICATE , APPEARED BEFORE ME
THIS DAY I �: PERSON A ^ ! D ACK ` lOtidLEDGED THE EXECUTION nF THE
\ , ANNEXED PLAT AND ACCOMPANYING INSTRUMENTS FOR THE USES AND
Q ' 3538 0� PURPOSES THEREIN SET FORTH AS HIS OR THEIR FREE AND VOLUNTARY
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/ nL 13O 8 - � \ ry �D O VEN UNDE MY HAND AN TAR IAL SEAL THIS DAY OF
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COUNTY CLERK CERTIFICATE
f
STATE OF ILLINOIS )
COUNTY OF KENDALL ) SS .
THIS IS TO CERTIFY THAT I ,
COUNTY CLERK FOR THE COUNTY AFORESAID , DO HEREBY CERTIFY THAT
THERE ARE NO DELINQUENT GENERAL TAXES , NO UNPAID CURRENT TAXES ,
NO UNPAID FORFEITURE TAXES AND NO REDEEMABLE TAX SALES AGAINST
ANY OF THE REAL ESTATE DESCRIBED IN THE FOREGOING CERTIFICATES .
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59 i DATED THIS DAY OF 19
_ - `h y� COUNTY CLERK
A O CITY COUNCIL OR VILLAGE BOARD
70 STATE OF ILLINOIS )
COUNTY OF KENDALL ) SS ,
APPROVED BY THE CITY COUNCIL ( ) OF THE CITY
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KENDALL COUNTY , ILLINOIS ,
(S4\ TOE
DATED AT �/ OR Kul , ILLINOIS , THIS _ DAY OF
c�
A . D . 19�� .
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ATTEST :
CLERK
COUNTY RECORDER CERTIFICATE
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STATE OF ILLINOIS )
COUNTY OF KENDALL ) SS .
THIS INSTRUMENT N0 . WAS FILED FOR RECORD IN
1 QO � D
THE RECORDER ' S OFFICE OF KENDALL COUNTY AFORESAID ON THE
DAY OF , 19 , AT
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COUNTY OF KENDALL :)
o_ � G � P� !? ASE THIS IS TO CERTIFY THAT I HAVE PREPARED THE ANNEXATION PLAT HEREON DRAWN
JILL' CO IN ACCORDANCE WITH PUBLIC RECORD .
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DATED THIS ZSTDAY OF A . D . , 1988 .
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PREPARED BY
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CEMCON , Ltd *
sovry IIti E of swi/0" Se-C. l - 3� 9 - 7 � Consulting Engineers La
n d Surveyors 8k Planner
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Wheaton , Illinois Phone / - 1030 C R E S T V I E W BUILDERS , INC . 933 West Liberty Drive
13 0 0 0 S W E G 0 R O A D L--1oo1A1r of COMMENCEMEA1T COMfET/ O/V OAi E : 1 - &,5 - 88 kC SOB . Al
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NAPERV ILLE , ILL , 60540
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