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Ordinance 1987-11 FILED FOR RECORD $ / 8K 1 1 1 Paz�uv IaND L C U I4'. �p -- ORDINANCE NO. 1987- � 1` � AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF 01 PRICE 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. 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 / �( ;� c� 1987• .f- f SIGNED and APPROVED by me, as Mayor, this 9/YC day of 1987. MAYOR ATTEST: CITY CLERK (SEAL) -2- EXHIBIT ".A" That part of the Northwest -Z of Section 28, Township 37 North, Range 7 East of the Third Principal 1,eridian, descriixed as follows: Commencing at the Intersection of the center line of D.S. Route 34 with the Easterly right of way line of Illinois Route 47 ; thence South 4 Degrees, 52 Minutes, 0 Seconds West along said Easterly line of Illinois Route 47, 425.04 feet for the point of Beginning; thence South 85 Degrees, 08 Minutes, 0 Seconds East 315.80 feet; thence South 4 Degrees, 52 Minutes, 0 Seconcs Kest parallel with said Easterly line of Illinois Route 47 , 275 .87 feet; thence North 85 Degrees, 08 Minutes, 0 Seconds West 315.80 feet to said Easterly line of Illinois Route 47 ; thence North 4 Degrees, 52 Minutes, 0 Seconds East along said Easterly line 275.87 feet to the point of Beginning; in the Township of Bristol Kendall County, Illinois. BK AFFIDAVIT Luanne J. Erickson,being first duly sworn on oath, deposes and states that on the 20th day of March, 1987, she mailed by certified mail, return receipt requested, copies of Public Notice and Application for Annexation and Zoning to those, as required by Chapter 24, Illinois Revised Statutes. Lua e J. Eri son, City Clerk SUBSCRIBED AND SWORN to before me this `)r7 day of 1987. Notary Public r ' 257 753 320 P 257 753 324 ������i+p��v �" r-IPT^F.OR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL RECEIPT FORC14 4 )API AIL" NO INSURANCE COVERAGE PROVIDED NO INSUHANCE CGVLHAGt PROVIDED NO INSURANCE CUVLRAi.L PRUVIDED NOT FUR INTEHNAINNAL MAIL N01 I UH INII HNAI IONAt MAII N IUH INILHNAIIUNAL MAIL (See Reverse) (Set? Hevev.so) (See Reverse) Sent to Bristol=Kendall Fire Sent orkvi�e-PuUlic_c o 1 Sent to Kendall County ,. l�D „ a Protection District d trict #115 Stree Jo. Street and No No 106 Route 126 11L Ridgp- Rt. 47 & Fox Rd. P O..Slate and ZIP Code O P 0.State and ZIP Code O a d,ZIP Cq i„ 60560 (orkville, I1. 60560 a a lfte, 11 , Postage 5 Postage S G Postage S C�Gr CJ ui Certified Fee 7 s I * Certified Fee Cen lied Fee -7 s Special Delivery Fee Special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Restrcted Delivery Fee Return Receipt showing Return Receipt showing Return Receipt showing J m to whom and Date Delivered to who and Dale Delivered ;7-1) to whom and Date Delivered C in in Return Receipt gpowmg to whom. Return Receipt showing to whom. Return Rcee whom. Date.and Address of Delivery Date,and Addres. hrl •ry Dale anrf didr ; W W TOTAL PO age s S j TOTAL Post e ai S j TOTAL o� ye ani7 k.•e. S Z Postma r%IeN y � $ Postmark t) ICL Z D r Go Posen r lf�n � •� a a P 257 753 321 P 257 753 319 RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NOT FOR INIERNAIIONAl MAIL NOT FOR INTERNAIIUNAL MAIL (See Reverse) (See Reverse) •* Br sto owns p_ - ^ Sent to Bristol-Kendall sent to c C o o a Street and No ,h Street and No Go Corneils Road r St P 0 St to nd Codt O P O. State and ZIP Code °d• 8ristoi, TL• ,60512 a Yorkville, I1. ,60560 Postage S NPostage a G�G1 to �L- * Certified Fee ' * Cendietl Fee —7 i S� Special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Return Receipt showing �� Return Receipt showing C to whom and Dale Delivered to whom and Date Delivered Ln ul cO Return Receipt showing to whom. Return Receipt showing to whom. Date.and Address of Delivery Date and Aifdryr*+rFvery to S ' TOTAL 1'40'AZ �� S TOTAL Po a p O POST ar or Dal !/ cn o Postrnar or ate , m co Y� co E L or LL rri SAO a v��-} _ woo a _ 6K 11 1 PG `�� STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) ANNEXATION AGREEMENT TO THE UNITED CITY OF THE VILLAGE OF YORKVILLE THIS AGREEMENT is made and entered into this *day of , 1987, 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 KYLE A. PRICE and MARTHA PRICE , of the City of Yorkville, Kendall County, Illinois, hereinafter referred to as "Owners". WITNESSETH : WHEREAS, the Owners, KYLE A. PRICE and MARTHA PRICE , 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 City has requested the Owners to annex the said land into the City and its Plan Commission and Zoning Board of Appeals and the City Council have heretofore approved the proposed land use and the zoning of the same at the joint request of the Owners and the City; 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 commercial use to be located as shown in the annexation drawing attached hereto, prepared by Donahue, Thornhill and Olson and dated 1987, 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, the Zoning Board of Appeals, 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 -1- B PGA5;3— provided in Chapter 24, Sections 11-15.1-1 through I1-15.1-5, 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 B-3 Highway Business District. Said zoning allowing 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 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. D) 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 of the City in the development of the real estate herein described in the event of any future development on the subject property. -2- 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, lenses, 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 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 Attorney at Law 308 S. Bridge Street Yorkville, Illinois 60560 If to the Owners: Kyle and Martha Price 29 Hickory Lane Plano, IL 60545 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 togive 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 „L 1987. a UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall Coun Illinois. BY: MAYOR ATTEST: CITY CLERK -3- BK- 1 PC, `�' 4 OWN KYLE A. PRICE OWNER , MARTHA PKICE DERMA A ERMAN U ALDY7MAN ALD RM PINY ALDERMAN ALDERMAN 4 OKLDERMA t ALDERMAN -4 EXHIBIT "A" That part of the Northwest of Section 28, Township 37 North, Range 7 East of the Third Principal r.eridian, described as follows: Commencing at the Intersection of the center line of U.S. Route 34 with the Easterly right of way line of Illinois Route 47 ; thence South 4 Degrees, 52 Minutes, 0 Seconds West along said Easterly line of Illinois Route 47, 425.04 feet for the point of Beginning; thence South 85 Degrees, 08 Minutes, 0 Seconds East 315.80 feet; thence South 4 Degrees, 52 Minutes, 0 Seconds West parallel with said Easterly line of Illinois Route 47 , 275 .87 feet; thence North 85 Deq_rees, 08 Minutes, 0 Seconds West 315.80 feet to said Easterly line of Illinois Route 47 ; thence North 4 Degrees, 52 Minutes, 0 Seconds East along said Easterly line 275.87 feet to the point of Beginning; in the Township of Bristol Kendall County, Illinois. 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