Ordinance 1988-15 BK 161 .P�
FILED FOR RIK=
KEND L
ORDINANCE NO. 1988 - '.'. DOC#
ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT
WOODWORTH REAL ESTATE
WOODWORTH ESTATES
RECORDER OF DEEDS
WHEREAS, it is in the best interests 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 be entered into by the City; 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 matter of said Agreement are ready, willing and
able to enter into said Agreement and to perform the obligations
as required thereunder; and
WHEREAS, the statutory procedures provided in Sections
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 have 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: 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 the 25TH day of
August , 1988 .
SIGNED and APPROVED by me, as Mayor, on this 25TH day of
August 1988.
rim '
Mayor
ATTEST:
City Clerk
(Seal)
Thomas W. Grant
Attorney at Law
P.O. Box 326
Yorkville, IL 60560
( 312 ) 553-0088
Atty. Reg. No. 01035002
BK 16 1
ANNEXATION AGREEMENT
This A reement is made and entered into this ?, is day of-1 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 DALE J. WOODWORTH and ALICE WOODWORTH, his wife, of
Yorkville, Illinois, hereinafter referred to as "Owners" .
WITNESSETH:
WHEREAS, the Owners , DALE J. WOODWORTH and ALICE WOODWORTH,
own approximately 40 acres of land, which land 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 developing said real
estate described on Exhibit "A" for 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
BK 161
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, DALE J. WOODWORTH and ALICE WOODWORTH, the Owners,
and their representatives, have discussed the proposed
development and have had numerous public meetings with the Plan
Commission 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 Illinois 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. Upon the filing with and presentation to the City of a
Petition for Annexation to the City, the City shall adopt an
ordinance annexing to the City the real estate described on
Exhibit "A" , and the City shall, in said ordinance, zone the real
estate, 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
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$K 16
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 Unit 1 and
Unit 2 as shown the Preliminary Plat of Woodworth Estates,
Yorkville, Kendall County, Illinois, a copy of said Preliminary
Plat being attached hereto and made a part hereof and marked as
Exhibit "C" . (Unit 3 is shown on said Preliminary Plat for
informational purposes only and is not to be deemed approved by
this Agreement, but shall be subject to review and approval at
such time as Owners shall seek to develop Unit 3 or any part
thereof. )
3 . In connection with the development of the land
hereinabove described, the Owners shall comply with the
provisions of the Subdivision Control Ordinance and of all other
ordinances of the City in effect from time to time during the
term of this Agreement governing the subdivision and development
of land, including land/cash ordinances and impact fee
ordinances. Specifically, owners and their successors, heirs and
assigns acknowledge that they are bound to make a contribution
under the City Land Cash Ordinance as well as the contribution of
$1, 150. 00 per lot at the time of issuance of each respective
building permit as per the terms of the City Impact Fee
Ordinance.
4. 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. Specifically, to the extent
-3-
j
B 161 PG,4Z
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 so much of Quinsey Road as is
adjacent and contiguous to the real estate described on Exhibit
"A" attached hereto and made a part hereof within three ( 3 ) years
from the date of annexation of the real estate to the City. Said
improvements shall be limited to the installation of curbs and
gutters on the south side of Quinsey Road adjacent and contiguous
to the real estate herein described and to the surfacing of the
south half of Quinsey Road adjacent and contiguous to the real
estate herein described with an A-3 quality road surfacing
material.
6. There is delineated on the preliminary plat of Woodworth
Estates an easement reserved for future road to connect with
"Quinsey Lane" to the East between Lots 68 and 69. Said easement
shall be in force for a period of ten years from and after the
date hereof. If, during said term of ten years, the real estate
to the East shall be developed and it shall become necessary in
connection with the development thereof to extend a street
between Lots 68 and 69 as delineated on the preliminary plat,
then the owners, and/or their heirs, successors and assigns agree
to dedicate to the City, for roadway purposes, said easement
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BK 161 PG173�"
area. In the event that said easement area is not so designated
for use, within ten years, for roadway purposes, and in the
further event that the reservation of said easement is not
renewed by agreement, then said easement shall be extinquished.
The owners, their heirs, successors and assigns, shall have no
liability or obligation to develop or improve said easement area
as a roadway, it being expressly understood and agreed that the
cost of improving said easement area for roadway purposes shall
be borne by the owners and/or developers of the property to the
East to be benefited thereby.
7 . 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.
8 . 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)
-5-
BK 161 PGIZ
If to the Owners: Dale J. and Alice Woodworth
508 E. Main Street
Yorkville, IL 60560
With a copy to: Thomas W. Grant
Attorney at Law
P.O. Box 326
Yorkville, IL 60560
Or to such other address as any party may from time to time
designate in a written notice to the other parties.
9 . 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.
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
BY•
Mayor i
ATTEST:
City Clerk
(Seal)
OWNE
Da e J. W dw
Alice Woodworth
t-
BK 161 PG�z
That part of the Northeast Quarter of Section 33 , Township 37
North, Range 7 East of the Third Principal Meridian described as
follows: Commencing at the Southeast corner of Lot 9 of
Foxfield, Yorkville, Kendall County, Illinois; thence Southerly
along the Westernmost line of the "Taus Property" as depicted on
a plat of survey by Frank Hametta dated August 11, 1939 , and said
Westernmost line extended Southerly, 1625 . 42 feet to the
Northerly bank of the Fox River for the point of beginning;
thence Northerly along the last described course, 1558 . 58 feet to
the Southerly line of Quinsey Road; thence Westerly along the
Southerly line of Quinsey Road, 852. 64 feet to the Easterly line
of Woodworth Subdivision, The United City of the Village of
Yorkville, Kendall County, Illinois; thence Southerly along said
Easterly line, 788 . 26 feet to the Southerly line of East Main
Street; thence Westerly along said Southerly line of East Main
Street, 238 . 10 feet to the Easterly line of a tract described in
a Quit Claim Deed to the Yorkville Lions Swim Club, Inc. recorded
October 18 , 1982 , as Document No. 82-3535 ; thence Southeasterly
along said Easterly line of said Yorkville Lions Swim Club tract,
being a curve to the right with a radius of 25. 0 feet, an arc
distance of 40 . 04 feet; thence Southerly along said Easterly line
being a curve to the right with a radius of 570 . 0 feet which is
radial to the last described curve at the last described point,
an arc distance of 150. 0 feet; thence Southerly along said
Easterly line and said Easterly line extended, being tangent to
the last described curve at the last described point, 140 . 0 feet;
thence Southerly along a tangential curve to the left with a
radius of 630 . 00 feet, an arc distance of 141. 88 feet; thence
Southwesterly along a curve to the right with a radius of 25 . 0
feet which is radial to the last described curve at the last
described point, an arc distance of 42 . 13 feet; thence Westerly
along a curve to the right with a radius of 3047. 0 feet which is
radial to the last described curve at the last described point,
an arc distance of 43 . 67 feet to the Northeast corner of Lot 1 of
Gawne Sub Lot Plat according to the plat thereof recorded in Slot
259; thence Southerly along the Easterly line of said Lot 1, a
distance of 248 . 0 feet to the Northerly bank of the Fox River;
thence Easterly along said Northerly bank to the point of
beginning in Bristol Township, Kendall County, Illinois and
containing 39. 211 acres.
Exhibit "A"
BK 16 + PG1.
SECTION 6 . 00 - RESIDENTIAL DISTRICTS
6 . 01 R-1 ONE FAMILY RESIDENCE DISTRICT
A. Permitted Uses. The following uses are permitted :
1 . One-family detached dwellings .
2. Home occupations .
3. Schools : Public, denominational , or private ,
elementary and high , including playgrounds ,
garages for school buses , and athletic fields
auxiliary thereto.
4. Churches , rectories , and parish houses.
5. Seminaries, convents , monasteries, and similar
religious institutions, including dormitories
and other accessory uses required for operation .
6 . Parks , forest preserves , and recreational areas .
when publicly owned and operated.
7. Golf courses , regulation size , but not including
"par 3" golf courses , commercially operated driv-
ing ranges , or miniature golf courses ; and providcd
that no club house or accessory building shall be
nearer than 500 feet to any dwelling on an ad,j:tc;e jit.
zoning lot .
g. Accessory uses .
9. 'temporary buildings for construction purpo.ges I'or
a period not to exceed such construction .
10. Signs, as permitted and regulated by Section 10. 00.
11 . Public utility facilities , as defined in the State
Act entitled, "An Act Concerning Public Utilit:io.s. "
12. Off-street parking facilities , as required or per-
mitted in accordance with the provisions of Sec-
tion 9.00.
17
EXHIBIT "B" CONSISTING OF 5 PAGES
BK 16 1 PG
B Special Uses . The following uses may be allowed by
special use permit in accordance with the provisions
of Section 12 . 00:
I . Railroad rights-of-way and trackage , but not in-
cluding classification yards , terminal facilities ,
or maintenance facilities .
2 . Airports , or aircraft landing fields .
3. Cemeteries , including croma. orio.s and mausoleums
in conjunction therewith , i " nog Located within
five hundred (500 ) feat of ;ur.I 'iwc:lliIIg.
4 . Private recreational aro.0; (W C,ual)s , when not
operated for profit .
5 . Colleges and universities . including dormitories ,
fraternities , sororities and ochor accessory
buildings and structure:; when Located on the
college, or university ;r-<,irncl:; , hu, not including
business colleges or t radf r s cho�i, l s when operated
for profit .
6 . Radio and television towers . ,,or rierciai .
7 . Filling of holes , pits , or ' ()wands with non-com-
bustible material free t'rori re 'rrsE: and food wastes.
8. Rest homes , nursing homc,s4 , t.us p i t.a s , and sanitar-
iums , for human beings only .
9 . Public service uses :
a. Filtration plant , prurl.` r,j, ,;;.,0, iO n . and water
reservoir.
b . Sewage treatment p l: n i
C . Police and fire s t,c*_ i ort .
d. Telephone exchang(� .
e . Electric substations; and hooster stations.
10. Institutions for the aged anti for children .
k
11 . Schools , day or nursery , put,l ic: or private.
12 . Philanthropic and eleemosynary institutions .
18
3
i
. BK 16 1 P�1c�d
I13. Planned residential or institutional developments ,
under single ownership or control , in which inci-
dental business or recreational facilities for the
convenience of the occupants may be furnished.
For such developments , the City Council may vary
I the bulk regulations of this ordinance , provided
such variations are consistent with the general
purpose and intent of this ordinance and as set
forth in Section 12.00, and will result in better
I site planning and thus be of greater benefit both
to the occupants of the development and to the
surrounding area.
' B. Lot Size.
' 1 . Every one-family detached dwelling hereinafter
erected shall be located on a tract of land having
an area of not less than two and one half (2J )
acres , and with a width at the established build-
' ing line not less than 200 feet .
2 . All non-residential principal use buildings , as
' permitted in this section , shall be located on a
tract of land having an area of not less than two
and one half ( 2j) acres , and with a width at the
established building line of not less than 200 feet .
' 3 . Lot size for Special Uses shall be specified in
the special use permit but shall not be less than
' five (5) acres .
�. Yard Areas . No buildings shall be erected or enlarged
' unless the following yards are provided and maintained
in connection with such building, structure or
enlargement .
t1 . 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 20 feet 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 .
D. Lot Coverage. Not more than 20 percent of the area of
the zoning lot may be occupied by buildings and struc-
tures , including accessory buildings.
I 19
BK 161 PG�L.
'.: . Maxirrnum Mli Idin1 lfoi „ht N<) hui Iding or structure
shall he erected or StruCturally altered to exceed
the following heif;ht.ti
1 . One- family detached dwellings : 'Twenty- five ( 25)
feet and not more than two and one-half ( 2j ) stories .
2 . Churches : Seventy-five ( 75 ) feet for towers and
steeples , but not more than forty-five ( 45 ) feet
for the main ,' truct:ure .
:i . Other non- residential permitted buildings and
titr tic trire` shat 1 not (,xceo,I thirty- five ( 35 ) feet
and not, more than throe ( 3 ) yt.-)ries in height .
Parapet walls , chimneys , coo ing towers , stacks ,
and necessary mechanical appurt,�nances may be erect-
ed over and above the maximum height of thirty-five
( 35) feet provided they are constructed in accord-
once with all other regulations of Yorkville .
1 . Special Uses : Maximum hei .;ht limitations shall
bf, spat i f i<•d with the' „r:cn i+; Of it Spat i a 1 Use
Pe ray i L .
G . 02 R-2 ONE-FAMILY RESIDENCE DIS'fRic;r
:1 . permitted Uses . Tho following ises are permitted :
Any permitted use in the 11- 1 On.�-Family Residence
District .
B. Special Uses . The following u3os may be allowed by
special usF' permit in accordan::-� xith the provisions
() f Sc-ct, ion 12 . 00 : Any use porni LteJ as a special
its( in tho R- 1 Once-Faini Iy District , sub-
-ect. ion 63 . 01 excr-pt. that pla:t;i ,,i I)evolopments may be
considered where the zoning lot proposed for develop-
ment has a gross ar-a or not 1 ,s than ton ( 10) acres .
C. Lot Size and Allowable Dens i tv
1. . Lots with private we L l s 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
..f.• �
PG
I3 . 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
I less than ' 80 feet . Density shall not exceed three
and three-tenths ( 3. 3) dwelling units per each acre .
I 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
I ( 2) acres .
D. Yard Areas. No building shall be erected or enlarged
I unless the following yards are provided and maintained j
in connection with such building, structure or enlarge-
ment :
1 . Front Yard. A front yard of not less than thirty
( 30) feet .
I 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
I (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
IA. Permitted Uses. The following uses are permitted:
I 1 . Any of the permitted uses in the R-2 Residence
District .
2. Two-family detached dwellings .
21
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Lot # Area ( Sq Ft ) Lot Area ( Sq Ft ) Lot Area ( Sq ` ' t )
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/3w 12 , 800 63 14 , 850 8 _: 19 , 700
4j 12 , 750 64 14 , N '> 0 86 15 , 900
44 12 , 756 E - 14 , 8 `, l ` 87 29 , 700
45 12 , 750 6 (- 1 1 88 27 , 500
46 12 , 750 67 14 , 900 89 26 , 000
47 12 , 750 68 is , 1L) 0 90 22 , 900
4u 12 , 750 69 15 , 150 91 180000
-- -- - 49 12 750 70 15 7 I G 24
5 , - - -- -12 , 750
7 .1 1E5 , 2U0 9j 111 6 vU
51 14 , 100 72 15 , 150 94 31 , 100
52 14 , 500 73 15 , 150 95 35 `a , 60o
53 ' 14 , 800 74 15 , 150 96 23 , 700
54 14 , 800 75 18 , 400 97 26 , 800
55 15 , 750 76 15 , 300 98 27 , 000
56 15 , 750 77 20 , 400 99 27 , 100
WALNUT ATREEr 57 1 - , 750 ? P I -? nnn i00 27 , 200
E\j If 58 16 , 10 79 19 , 800 101 20 , 000
_
It - 59 159600 80 13 , 800 102 18 , 700
0. 60 14 , 200 81 14 , 600 103 18 , 500
a - 61 15 , 200 82 17 , 000 104 17 , 700
e° 62 16 , 700 83 1 _, , 80G 1. 05 16 , 800
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� + T OYINiEY ROAD
� 1 ; s Pre ored fore Pre tired b
p p y
Dole ✓. Woodworth Donohue Thornhill and Olson
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( , [A3� M" 4TREET � �J�
w� 508 E. Main Street 217 South Bridge Street
a Q oy ! Yorkvi//e, /llinois Yorkville, /llinois 60560
Moy 10, /988
-� F F ' 1 LOCATION MAP SCALE /=60o ' -
Dole Woodworth
No. 3203