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Ordinance 1987-13 FILED FOR RECORD S-7 4 9 f ' KEND C I '; ORDINANCE NO. 1987- � QOC# �M AN ORDINANCE AUTHORIZING 1987 THE EXECUTION OF AN ANNEXATION AGREEMENT OF RICE REAL ESTATE RECORDER OF DEEDS A/ �- WHEREAS, it is in the best interest of the United City of the Village of Yorkville, Kendall County, Illinois, that a certain Annexation Agreement pe g rtainin 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 f � '%C`�; �� 1987• BK11 P 22 SIGNED and APPROVED by me, as Mayor, this S/d day of L 1987. MAYOR ATTEST: CITY CLERK (SCAL) -2- That part of the Southwest of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: commencing at the Southeast corner °L 15 Countryside Subdivision' ; thence South 88 Degrees Lot 63 of 'Unit Six, , 14 Minutes, Seconds West along the South line of said Lo`_ 143 . 51 feet for the point of Beginning; thence North 88 Degrees, 14 Minutes, 15 Seconds East 143. 51 feet to said South Eas s , 30 Minutes, 45 Seconds East 363 .48 feet to the center corner ; thence North 88 Dearee line of Illinois Route No. 47 ; ti�ence Southwesterly alonc said center line line a ong point, 165. 86 a curve to the right, having a which described nt line bearing of South 25 Deqrees, 41 Minutes, 2_ onds Wes_ along said center line fee` ; thence South 36 Deqrees, 29 Minutes, 55 Sec 10. 09 feet to a line dram parallel wits, and 300.0 feet, normally distant, Northerly le Tree Courts'; thence South 88 Degrees, 10 Minutes, 25 of the North line of 'Apo � perpendicular to Seconds West along said parallel line 432.73 thenceoNorth n01 Degrees, 49 Minutes, 35 said North line from the point of beginning; Seconds West along said perpendicular line 150. 57 feet to the point of beginning; in the Township of Bristol , Kendall county, Illinois. BK I PG424 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. v Luan e J. Ericks6fi, City Clerk �? SUBSCRIBED AND SWORN to before me this _ day of �' # 1987. Notary Public P ,257 753 322 P 257 753 324 P 257 71153 (03• `RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL RECEIP"I gg AA �&Tk'A D MAIL NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL (See Reverse) (See Reverse) (See Reverse) > Sent to Kendall County cb Sent to Fire A sent to or cvi emu is Sc o 1 Brady o Protection District District #115 Sue u No.�� Street and No Sheet and No 106 Route 126 1 110 W. Ridge iA Rt. 47 & Fox Rd. -- > P O.. State and ZIP Code O P O..State and ZIP Code 6 P oAaV 1 ielp CT1. 60560 Yorkville, I1.,60560 0. a ' Postage S vi Postage S i H Postage S 9 i 90 K Certr6ed Fee -7 s * Certified Fee C * Certified Fee "7 S Special Delivery Fee Special Delivery Fee Special Delivery Fee Restricted Delivery Fee i Restricted Delivery Fee Restricted Delivery Fee Return Receipt showing l Return Receipt showing Return Receipt showing to whom and Date Delivered J to whom and Date Delivered to whom and Date Delivered in Return Receipt Showing to whom, rn Return Receipt showing to whom. rn Return Rece n whom, Date.and Address of Delivery Date,and Address I ry �— Date.and ddre _ y u d TOTAL Po age `�Lti� TOTAL Post e a 5 .� j TOTAL o(e an d F-e S.� Postma r Dpte�)y I $ Postmark�Lln t G� r 00 Postm (171 -� n CL C p r- CO) °_ p .�1 E O LL LL 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 INTERNATIONAt MAIL NOT FOR INTERNATIONAL MAIL (See Reverse) (See Reverse) Sent to Bristow ownSip_ A Sent to Bristol-Kendall 6 c/o Floyd a Street and No ,g Street and No. Corneils Road P 0'. St to nd Cotl O P O.State and ZIP Code Bris off, zffoc 0512 a Yorkville, 11. ,60560 Postage S G y 4TOTAL S * Fee 7 * Certified Fee —7 i 5 Delivery Fee Special Delivery Fee ed Delivery Fee Restricted Delivery Fee Return Receipt showing Receipt showing to whom and Date Delivered and Date Delivered LO N rn Return Receipt showing to whom, Receipt showing to whom, Date.and Address of Delivery nd Addr, s-"t+F tg very C TOTAL Poy ail _ r S Po a �� S �� L S � �S o CC Post ar or Dal ! (T1 o Postmar or ate m M ,p CO / E G uQi n E`o o vA LL ILL to a " i r BK 1 .1 r 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 orkville, Yor viI e, Illinois a municipal corporation, located in Kendall County, Illinois, hereinafter referred to as "City", and GARY R. RICE and DORENE E. RICE , of the City of Yorkville, Kendall County, Illinois, hereinafter referred to as "Owners". WITNESSETH : WHEREAS, the Owners, GARY R. RICE and DORENE E. RICE 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 u Ezl_,t ; / 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- BK111 P 1Y provided in Chapter 24, Sections 11-15.1-1 through 11-15.1-5, 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 of Yorkville shall refund to Petitioners the amount paid by Petitioners previous to their Annexation for a water fee hook-up. Said refund shall be made within 90 days of the date of the completion of the Annexation process. 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- A. 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 : Gary and Dorene Rice 807 N. Bridge Yorkville, Illinois 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. BY : v` MAYOR ATTEST: CITY CLERK -3- OWNE ,• G Y R. RICE OWNER , DORE E . RICE ALDERMAN DERMAN A RMAN ALD M ALDERMAN ALDERMAN K DERM NI ALDERMAN -4 8K PG That part of the Southwest of Section 28, Township 37 Norththe Southeasttcornereof Third Principal Meridian described as follows Commencing cSou�h` 88 Degrees, 14 Minutes, 15 Lot 63 of 'Unit Six, Countryside Subdivision' ; ° } 4 Beg Seconds West along the South line of 1aidPcondsEast 143t o e 51feettosaidosouth Eastg, thence North 88 Degrees, 14 Minu�e , corner; thence North 88 Degrees, 0 Minutes, outhwesterlyoaloncasaid8cen 8ereline beingcalong line of Illinois Route No. 47 ; thence a curve to the right, having a radius of 764 . 50 feet, which has a tangent line bearing of South 25 Degrees, 41 NiePCes292minutes,is55esecondsh West salong csaid dcenter /line feet; thence South 36 Degr , 10.09 feet to a line drawn parallel with and 300.0 feet, normally distant, Northerly of the North line of 'Apple Tree Courts'; thence South 88 Degrees, 00 perpendicular Seconds West along said parallel line 432.73 feet to a line drawn p� p said North line from the point of beginning; thence North 01 Degrees, 49 Minutes, 35 Seconds West along said perpendicular line 150. 57 inois.feet to the point of beginning; in the Township of Bristol , Kendall Accurate Map 0T p� � Cof the Village of Yorkville Territor y Annexed to the UnIled C%Y L—a ' " .143.5/ .N88°3045 E N88°l4/5 E N pjcr N/ 7 5 _ 0, sz 43 2.7� 588°/OP5��W '" of I p L'niferl C%Iy of !� Vi//Ow of York viUe � S36°2955 10099 g •�c� Prepared by: •�� Donahue, Thornhill and O lson 217 South Bridge Street 5,W Yorkvil/e, l/linois 60560 ( 312) 553-0050 TPA `'`��' „ � October /, 1987