Ordinance 1988-22 B K 1 8 7 PG
FILED FOR RECORD
Y.EN C COUNTY ILL'
DOC# gL
ORDINANCE NO. 1988-
JAN 1 7 ����� AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT OF
TAUS REAL ESTATE
RECORDER OF DEEDS'/
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; and is hereby zoned R-2, Single Family Residential District.
SECTION 2 : That this Ordinance shall be in full force and effect from
BK 18 7 PG-LL
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 jf 1988.
i
MAYOR
ATTEST:
�<
CITYCLERK
(SEAL)
-2-
%STATE Of- ILLINOIS) BK 187 P8
)SS
r:;OUri'Y OF KENDAL,L)
ANNEXATION AGREEMENT TO THE UNITED CITY OF THE VILLAGE OF YORKVILLE
THIS AGREEMENT is made and entered into this SA day of OC A )ct2i 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
Frank Victor Taus, Trustee pursuant to the Testamentary Trust of Frank Joseph Taus, Deceased,
and Anna Taus, by Frank Victor Taus, Power of Attorney,hereinafter referred to as "OINNER" .
WITNESSETH:
WHEREAS,the Owners, Frank Victor Taus, Trustee pursuant to the Testamentary Trust of
Frank Joseph Taus, Deceased, and Anna Taus, by Frank Victor Taus, Power of Attorney, 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 Onwers are desirous of using said real property described in Exhibit "A" for
residential use, and are desirous of assuring to them that said land can be used for said
purposes if said laud 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 residential purposes in order to make said real estate a desirable addition.
-o the City; and
WHEREAS, the Owner has 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 Owner; and
WHEREAS, ail parties to th s Agreement are desirous of setting forth certain terms and
conditions upon which the land heretofore described will be annexed to the City Z.11 ar.
orderly manner; and
WHEREAS, it is the intention of the Owner upon the annexation of the real estate to the
City to use said real property described in Exhibit "A" for residential use to be located
as shown in the annexation drawing attached hereto, prepared by Donahue, Thornhill & Olson,
and dated August 5th 1988, 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.
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NOW, THEREFORE, for and in consideration of the mutual promsies and covenants herein
contained, the parties agree, under the terms and authority provided in Chapter 24,
:tions ,11-15.1-1 through 11-15.-5, Illinois Revised Statutes, 1985,as amended, as follows:
1. 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-2 Residential District.
Said zoning allowing the uses, size, density, areas, coverage, and maximum building
heights as set forth on Exhibit "B", R-2 Residential District, said real estate to be used
and developed in accordance with this Agreement and with the City Subdivision Control
Ordinance.
2. In mutual considerations, the parties do hereby agree as follows:
A) Petitioners will grant to City an easement over and across property described
in the attached Exhibit "C" for the purpose of constructing a drainage tile
to drain certain lands including the land subject to this Annexation Agreement,
and also lands to the north and west thereof .
B) That contemporaneously with the delivery of the Grant of Easement for the
purposes described in Paragraph A) above, the City will deliver to Petitioners
an indemnification and hold harmless agreement for any and all actions, losses,
or whatever may take place with regard to the existence and maintenance of any
drainage ditch or tile located in said easement.
C) That City will extend in adequate design and size drainage pipe under Quinsey
Road extended as located on the map attached hereto marked as Exhibit"B".
D) That City covenants and agrees that any additional annexations to the City of
property which would normally drain through the watershed which the easement
herein granted by Petitioners serves, will provide adequate water retention on
said annexed property to prevent an increased runoff due to said future
annexations.
E) That the City will provide and pay for all installation of necessary drainage
pipe located on the easement as hereinabove described, and will leave the
surface of said easement in neat and sightly condition thereafter, and will
maintain said surface in the future.
3. COMPLIANCE WITH SUBDIVISION CONTROL 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 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 TERMS. This Annexation Agreement shall be binding upon and inure
to the benefit of the parties hereto, successors, owners of record of land which is the
subject of this Agreement, assignees, lessees and upon any successor municipal authorities
of said City.
5. 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 sent by registered
or certified mail, return receipt requested, postage prepaid, addressed as follows:
If to the City: City Clerk
610 Tower Lane
Yorkville,IL. 60560
With a copy to: Daniel J. Kramer, City Attorney
1107 A South Bridge St.
Yorkville,IL. 60560
If to the Owners: Frank Victor Taus, Trustee, and Power of Attorney
172 Olmsted Road
Riverside, IL. 60546
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-3-
With a copy to: Law Offices of Dallas C. Ingemunson
226 S. Bridge St. ,P.O.Box 578
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
jurisdiction 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 WHEREOF, the undersigned have hereunto set their hands and seals this
day of 1988.
UNITED CITY OF THE VILLAGE OF YORKVILLE,
Kendall County, Illinois
c-
Mayor
ATTEST:
it Clerk
1z _ y �
OWNER: Frank Victor Taus, Trus ee pursuant to the
Testamentary jTrust toof Frank Joseph Taus,Deceased
OWN R:' Anna Taus, by Frank Victor Taus, Power of Attorney
Alderman Alie m all
Alderman` Al de an
Alde a Alderman
Al
Ald man Al man
187
DONAHUE, THORNHILL AND OLSON, INC.
V " ILLINOIS REGISTERED LAND SURVEYORS
217 SOUTH BRIDGE STREET
YORKVILLE, ILLINOIS 60560
(312) 553-0050
September 6, 1988
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Legal Description for Taus Zoning
sk; That part of the Southeast Quarter of Section 28 and that part of the
�t Northeast Quarter of Section 33, Township 37 North, Range 7 East of
the Third Principal Meridian described as follows: Beginning at the
southeast corner of Foxfield, Yorkville, Kendall County, Illinois; thence
southerly along a westerly line of the "Taus Property" as depicted on
a plat of survey by Frank Hametta dated August 11, 1939, a distance
of 33.42 feet; thence easterly, parallel with the easterly extension
3t of the center line of Quinsey Road, 205.41 feet; thence northerly, perpendicular
. to the last described course, 96.0 feet; thence northerly, along a tangential
y curve to the right with a radius of 1027.0 feet, an arc distance of
115.47 feet; thence northerly, along a line tangent to the last described
f #r curve at the last described point, 216.72 feet; thence easterly, perpendicular
to the last described course, 175.0 feet to a line drawn parallel with
and 416.0 feet (normally distant) easterly of the northernmost westerly
line of said "Taus Property"; thence northerly along said parallel line,
vl" _ 1811.61 feet to the northerly line of said "Taus Property"; thence westerly
along said northerly line, 420.57 feet to the northwest corner of said
"Taus Property" ; thence southerly along the northernmost westerly line
of said "Taus Property" , 2129.43 feet; thence southerly along a westerly
a
line of said "Taus Property" which forms an angle of 164°26'00" with
the last described course (measured clockwise therefrom) 168.34 feet
to the point of beginning in Bristol Township, Kendall County, Illinois
and containing 19.954 acres.
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Legal Description for Foxfield Proposed Drainage (Taus)
A Tract of land 10.0 feet wide in the Northeast Quarter of Section 33,
Township 37 North, Range 7 East of the Third Principal Meridian, lying
southerly of the easterly extension of the southerly line of Lot 9 of
Foxfield, Yorkville, Kendall County, Illinois, northerly of a southerly
line of the "Taus Property" as depicted on a plat of survey by Frank
Hametta dated August 11, 1939, and easterly of and adjoining a line
described as follows: Beginning at the southeast corner of said Lot
9; thence southerly along the West .line of said "Taus Property" 587 .62
feet to a southeasterly corner of said "Taus Property" for the terminous
of said line in Bristol Township, Kendall County, Illinois.
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Legal Description for Foxfield Proposed Drainage (Taus)
A Tract of land 10.0 feet wide in the Northeast Quarter of Section 33,
Township 37 North, Range 7 East of the Third Principal Meridian, lying
southerly of the easterly extension of the southerly line of Lot 9 of
Foxfield, Yorkville, Kendall County, Illinois, northerly of a southerly
line of the "Taus Property" as depicted on a plat of survey by Frank
Hametta dated August 11, 1939, and easterly of and adjoining a line
described as follows: Beginning at the southeast corner of said Lot
9; thence southerly along the West .line of said "Taus Property" 587 .62
feet to a southeasterly corner of said "Taus Property" for the terminous
of said line in Bristol Township, Kendall County, Illinois .
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