Loading...
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- � I 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 -2- 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. -3- 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 -4- 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 -5- 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 r NOTARY PUBLIC IN AND FOR y - THE STATE AND COUNTY AFORESAID , DO H FY EREBY CERT THAT hs S +910k I g) ?00 f00 O ZOO s ' --- 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 NO,e r//, Al � " 939 e ' - - TO �/YIL KO ACT * / nL 13O 8 - � \ ry �D O VEN UNDE MY HAND AN TAR IAL SEAL THIS DAY OF 8 K Q !o .loo. 1,3 ` + ; 1 NO FARY FFjU BLI q Ikti / STAFE Of Itii?dOle vJIMW :I SIQN EXPIRE14 912Q! '9 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 . �U "�✓/ 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 I KENDALL COUNTY , ILLINOIS , (S4\ TOE DATED AT �/ OR Kul , ILLINOIS , THIS _ DAY OF c� A . D . 19�� . W O V } ATTEST : CLERK COUNTY RECORDER CERTIFICATE jr 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 t , - O ' CLOCK M . IN BOOK OF PLATS AT PAGE IT a QoAO FF 0 � - , r � KENDALL COUNTY RECORDER 5 "� BCD 40014 S J ," 'AI "� STATE OF ILLINOIS ) I SS , 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 . I DATED THIS ZSTDAY OF A . D . , 1988 . FAO/NT off' ,BEG/NilIIAll Z ` %3,? ILLINOIS REGISTERED L ND SURVEYOR N0 . 2357 �'�� 32 p PREPARED BY PREPARED FOR ' CEMCON , Ltd * sovry IIti E of swi/0" Se-C. l - 3� 9 - 7 � Consulting Engineers La n d Surveyors 8k Planner s 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 4d5. OJ> NAPERV ILLE , ILL , 60540 ���