Ordinance 1987-12 •FILED FOR RECORD' PG ..
KENDALI;CO NTl( ORDINANCE NO. 1987- j 1.
AN ORDINANCE AUTHORIZING
2 r' ���� THE EXECUTION OF AN ANNEXATION AGREEMENT OF
DOLLMAN REAL ESTATE
�la�v
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 i � ! 0 i �, X' 1987.
SKI I PG 14D
4,4"1,
SIGNED and APPROVED by me, as Mayor, this day of e ; 987.
MAYOR
ATTEST:
CITY CLERK
(SEAL)
-2-
8K PGA!
That part of the Northwest quarter of Section 28, Township 37 North, Range 7 East of
the Third Principal Meridian, oescribed as follows; Comencing at the intersection of
the center line of S.B.I . Route 16 as shown by plat recorded on page 176 of Deed
Record Book 100 of the record of the Recorder of Kendall County; thence South 2° 30 '
East alone the center line of said Route 47, 261. 55 feet; thence North 890 22' West
1770. 0 feet; thence Norte 80° 25 ' West 119 .0 feet for the point of beginning; thence
North 800 25 ' west 70.4 feet, thence North 311 44 ' East 219. 1 feet, to the South line
of the right of way of said Route 18; thence Easterly along said right of way line and
alone a curve to the left havings a radius of 13657. 38 feet, 70.0 feet; thence South
3` 44 ' west 225 . 3 feet to the point of beginning, (except that part taken for highway
nurr)oses? in the Township of Bristol, Fenoall County, Illinois.
M/ r ARI
AFFIDAVIT
Luanne J. Erickson,being first duly sworn on oath, deposes 4nd 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.
Luadhe J. Ericks' n, City Clerk
n
SUBSCRIBED AND SWORN to before me this Y'f day of �' r (, �, 1987.
—41 1
Notary Public
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cIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL RECEIPT F�.`AFHFA AIL
NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL NOT FOR INTERNAIIONAI MAR NOT FOR INTERNATIONAL MAIL
(See Reverse) (See Hevers(') (See Reverse)
Sent to Kendall County ° Bristo�Kenaal Fire �* orkv3l�—Public 3c o 1
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110 W. Ridge j GO Rt. 47 & Fox Rd.
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RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERALL PROVIDED NOINSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL.MAIL
(See Reverse) (See Reverse)
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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 ?k day
1987, by and between the United City of the Village of Yorkville, orkville,
Illinois a municipal corporation, located in Kendall County, Illinois, hereinafter
referred to as "City", and FREDERICK A. DOLLMAN andyVIDA JUNE DOLLMAN
of the City of Yorkville, Kendall County, Illinois, hereinafter referred to as
"Owners" .
WITNESSETH :
WHEREAS, the Owners, FREDERICK A. DOLLMAN and VIDA JUNE DOLLMAN
are the owners of land, which lies generally South 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
1 , 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
-I-
provided in Chapter 24, Sections 11-15.1-1 through II-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) The City shall use its best efforst to secure an easement for a sewer line
to hook up to an existing sanitary sewer manhole located near the Fox River
Lanes bowling alley immediately to the south of Petitioners subject real estate.
The City shall be responsible for the costs of procuring said easement,
and shall make the easement available for a sewer main extension by
Petitioner and her successors, heirs and assigns.
E) The City shall use its best efforts to secure an easement running from
existing City water main along Route 34 that will provide water service
to Petitioner's subject real estate. Said main extension shall be done at
expense of Petitioner if water service is desired once the City secures
said easement.
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, lesses,
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: Fredrick and Vida June Dollman
206 E. Main
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 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 , 1987.
UNITED CITY OF THE VILLAGE OF
YORKVILLE, Kendall County, Illinois.
7
BY
MAYOR �t
•
ATTEST:. i`
CITY CLERK—�
-3-
E� 113 PGA
��..�t ,-�►-el �� ifs - ��
OWNER FRED RICK A. POLLMAN OWNER , IDA JUNE DOLLMAN
C--
ALDERMA KUCDy RMAN
AL RMA AL MA, ;
ALDERMAN ALDERMAN
ALDERM ALDERMAN
-4
BK111 MA �
That part of the Northwest quarter of Section 28, Township 37 North, Range 7 East of
the Third Principal Meridian, described as follows; Commencing at the intersection of
the center line of S.B.I. Route 18 as shown by plat recorded on page 176 of Deed
Record Book 100 of the record of the Recorder of Kendall County; thence South 20 30 '
East along the center line of said Route 47, 261. 55 feet; thence North 890 22' West
1770.0 feet; thence North 80° 25 ' West 119.0 feet for the point of beginning; thence
North 800 25' West 70.4 feet; thence North 3° 44 ' East 219. 1 feet, to the South line
of the right of way of said Route 18; thence Easterly along said right of way line and
along a curve to the left havings a radius of 13657. 38 feet, 70.0 feet; thence South
30 44 ' West 225.3 feet to the point of beginning, (except that part taken for highway
purposes) in the Township of Bristol, Kendall County, Illinois.
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Prepared by:
Donahue.. Thornhill and Olson
217 South Bridge Street
Yorkville, Illinois 60560
( 312) 553-0050
October 1, 1987
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