Ordinance 1988-19 � 87is7 sK1 -' ��
ORDINANCE NO. 1988-
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT OF
BRISTOL-KENDALL FIRE PROTECTION DISTRICT 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.
PASSED at a regular meeting of the City Council of the United City
of the Village of Yorkville on , 1988•
SIGNED and APPROVED by me, as Mayor, this day of 1988.
MAYOR
ATTEST :
-'� --, L FILED FOR RECORD
KENDALL COUNTY ILL:
CITY CLERK DOC#
(SEAL)
DEC 2
RECORDEK OF DEEDS
3 PGo2�
EXHIBIT "A"
Lot 1 of Perkins Subdivision, Bristol Township, Kendall County, Illinois
in the United City of the Village of Yorkville, Kendall County, Illinois.
8K 183 PG2 5
STATE OF ILLINOIS
COUNTY OF KENDALL
ANNEXATION AGREEMENT TO THE UNITED CITY OF
THE VILLAGE OF YORKVILLE
THIS AGREEMENT is made and entered into this Jay of ,
1988, b and between the United City of the Village of Yorkville, Yor Ville,
Y Y
Illinois a municipal corporation, located in Kendall County, Illinois, hereinafter
referred to as "City", and BRISTOL-KENDALL FIRE PROTECTION DISTRICT,
of the City of Yorkville, Kendall County, Illinois, hereinafter referred to
as "Owners".
WITNESSETH :
WHEREAS, the Owners, BRISTOL-KENDALL FIRE PROTECTION DISTRICT,
are the owners of land, which lies generally North 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 business use 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 business and commercial 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, it 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 business and commerical 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
' Qt ���
'provided in Chapter 24, erections I1-15.1-1 through 11-15.1-5, Illinois e���d pG
"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 B-3 Highway Business
District.
Said zoning shall allow Petitioners-Developers the uses, size, density,
areas, coverage, and maximum building heights as set forth on Exhibit "B",
B-3 Highway Business District, said real estate to be used and developed
in accordance with this Agreement and with the City Subdivision Control
Ordinance.
2. The City agrees that in consideration of Petitioners-Owners voluntarily
annexing to the City, the City will do the following :
A) Petitioners-Owners and their successors, heirs, and assigns shall
be given free water and sewer hook-ups, waiving any fee customarily
paid to the City on land being annexed to the City for a period
of fifteen (15) years from the date of execution of this agreement.
Nothing contained herein shall be deemed to be a waiver of sewer
hook-up fees due the Yorkville-Bristol Sanitary District which is
a totally independent governmental entity. This agreement further
shall not be construed as a warranty or promise of when water
and sewer main extensions will be made available.
In the event a water meter in excess of I" is necessary for water
service, the cost of said meter shall be paid by the user.
B) The City shall not allow any developer or other party to charge
Petitioners-Owners, or their successors, heirs and assigns for
recapture in order to hook-up to a water or sewer main extension.
C) The City shall pay the cost of preparing all annexation drawings,
petitions, and public notices. The City further agrees to waive
all annexation fees.
3. 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.
4. 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.
5. NOTICES : Any notices required hereunder shall be in writing and
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PG ,?.w
shall be served upon -.,y other party in writing ana 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: Robert Schwartz
9226 Walker Road
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.
6. 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.
7. 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.
IN WITNESS W EREOF, the u der igned have hereunto set their hands
and seals this day of � -A�c 1988.
UNITED CITY OF THE VILLAGE OF
YORKVILLE, Kendall County, Illinois.
MAYOR
ATTEST:
CITY C CLERK
L ERMA RMAN i
DERMAN ALDERMAN -
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OK 1 8 3 PGA
ALDERMAN,,,-,,- ALDERMAN
ALDERMAN ALDERMAN
BRISTOL-KENDALL FIRE PROTECTION
DISTRICT
BY :
ROB R,' CHWARTZ
i
D SCHLA P
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Northeast Corner �
Accurate Mop of BK 1 a 3
of `o/ SB T rrifory Annexed to fhe United Cify of the vi/loge of Yorkvi//e
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o/ JWvl, Ik., b,, d d '.led I-Y 19, 1,970 as document No 72-1303 42463'
NOrtwty my d o /rvct o /and coveyed to Vnlcf, Natonot BUnh onA Trust yComponv --�
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Prepared by
Donahue, rhornh:li and Olson
217 South Bridge .51rWI
Yorkvi lle, l//inois 60560
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-0050
(3/2)553
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