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)
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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.�
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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
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* Fee 7 * Certified Fee —7
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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
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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
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' " .143.5/ .N88°3045 E
N88°l4/5 E
N
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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