Loading...
Ordinance 1987-14 ORDINANCE NO. 1987- / AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF KANE COUNTY BANK & TRUST COMPANY, as Trustee under Trust #643 REAL ESTATE 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. FILED FOR RECORD PASSED at a regular meeting of the City Council of the United CiotyENDALL ) of the Village of Yorkville on r( {;;, �; 1987. CC / 6 �` C"T• 2 71987 A. o 76cue2 r2 k V; /le, �s� t% ; RECORDER OF DEEDS t 4. SIGNED and APPROVED by me, as Mayor, this day of _ : CI�C�L�� 1987. MAYOR / ATTEST: CITY CLrRK (SEAL) -2- That part of the Northeast Quarter of Section S, Township 36 North, Range East of the Third Principal Meridian described 2s folloti:- �A.m-n7inE at the Northeast come: , said Northeast Quarter; thence South FC`40'0S" West along Thc- M)7-�7 !iT C= saiC 'Northeast tF 7rto 6ES. S2 feet to the tangent Cente- i:ne C: S:.cte Rzu` -° N�• r- ex-tend-3 from the SOUth� then�E SOilT;t 1 `1= C' t?_st 210 10 5 1 e>-t ended tangent center line a*!d said taneen'. center See*, fo7 the t)oint of Tile: -:i° SJU�r: : `L. ' (, L? 210n� 5. c e" line !70.35 feet; tn°_n! e -�" :nc�. 1Z�.�je c nt . �C r:orth 1`t- ' 07" hest 770.35 feet: thence Nert .. fee- to the Point of beglm nc in }:en yal l 7o;.r_sr_i enaal l Go r.t;: , Tl i inoi_ and containing S.000 acre.= . — 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. r� /Lu, nne J. Ericks6fi, City Clerk SUBSCRIBED AND SWORN to before me this day of &'Ct Qj 1937. LY Notary Public * P 257 753 320 P 257 753 324 1 P [257]] 75WTIFIED 3M,3 R CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL RE �?klI CE (MAII RECEIPT FO C 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) s _i to Kendall County Sent to Bristol-Kendal Fire Yorkville Public cf ent to co Protection District District #115 P Brady and No ,"g Street and No Street and No 106 Route 126 Rt. 47 & Fox Rd. i o y P.O.. State and ZIP Code P O. State and ZIP Code I O a P oMe1 Ydd12P C 11 60560 a Yorkville, I1. ,60560 a t7 Postage S L� N Postage S y Postage S 9 G Certified Fee S * Certified Fee Certified Fee ,7 Special Delivery Fee Special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Return Receipt showing Return Receipt showing _7 Return Receipt showing Ln to whom and Date Delivered !) to whom and Date Delivered / Ln to whom and Date Delivered o�i Return Receipt Showing to whom. rn Return Receipt showing to whom. Return Rece `rna.l;,whom. Date.and Address of Delivery — Date.and Address y — Date and ddre /� n✓ rL ly TOTAL Po age' 1���. S y �S ' TOTAL Post ear �(` � TOTAI os ye in °o Postma r Oder) 0 Postmark `B tFV C� r Co Postm Ln o C I- E tnp ° m E U. �� �\ N a a CL P P57 753 322 P 257 753 319 RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL NO INSURANCE GOVI RALd PRUVIULU NO iNSURANCL CUVLRAGL PRO'✓IULD N01 I OR INTLRNAIIUNAL MAIL NOT FOR INTERNATIONAL MAIL (See Reverse) (See Reverse) en a T Towns iip ° Sent to A sent wBristol-Kendall C/o Leo Scott 6 QnQAX Street and No Street and Nu. Legion Rd. cot 1201 N_ Bridge St- P 0,State and ZIP Code d P O_ State and ZIP Cooe ci a Yorkville, 11. ,60560 yPostage S �G1 Postage S L Certified Fee S * Certified Fee 7" 7 Special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Return Heceipt showing I Return Receipt showing to whom and Date Delivered L in to whom and Date Delivered �G in � rn 00 Return Receipt s .�n. Return Receipt showing to whom. Date and Add f Date.and Address of Delivery v C TOTAL Pos nd Fees S j TOTAL Po A n' — j M Postmark o )�e Post ar or D Co M �j m L p LL LL a E GAB 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 Aday of U 041A-� , 1987, by and between the United City of the Village of Yorkville, Yorkville, Illinois a municipal corporation located in Kendall Count Illinois hereinafter KANE COUNTY BANX� ANN -f UST COMPANY, as Trustee referred to as "City", and under "TrusP of the City of Yorkville, Kendall County, Illinois, hereinafter referred to as "Owners" . WITNESSETH : KANE COUNTY BANK AND TRUST COMPANY, as WHEREAS, the Owners, Trustee Under Trust #643 are the owners of land, which lies generally West 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 C- ' 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 -11- 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, with a special use permit, permitting Petitioners and their successors, heirs and assigns from using the subject real estate for the purposes of a farm implement distributorship and sales office. Said real estate is being granted a special use for the continuance of its farm implement business. 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) Petitioners are hereby granted a B-3 Special Use Zoning Classification. 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- BK 11 1 PG412� 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: Kane County Bank and Trust Company P.O. Box K Trust #643 Elburn, Illinois 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 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 1987. UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois. BY: MAYOR ATTEST:� CITY CLERK .• Vic; 1 1 i ��-.�1 KANE COUNTY BAhrx AND TRUST COMPANY, as Trustee Under Trust #643 + �� ar BY: ATTEST : Trust Officer �D AMA I A /,g RMAN ALDZRMA, F � r ALDERMAN ALDERMAN LDERMA ALDERMAN -4 PG That wart of the Northeast Quarter of Section S, Township 36 North, Range East of the Third PTinr-ipal Meridian described as follOws: Go,i -encing at the Northeast corner of said ?northeast Q:iarter(;� thence South 89`40105" West along the North line of said }VOrtJle25t 655. 52 feet to the tan gent center line of ?llinois State kou:e extended from the South; thence Sout 1 `z: 'C'" East a1onL sai extended tangent center line and said tangent center line, e thence h °� • ' 0"' Est along sa2c feet fo- the point of b g;n-lin,.. Sou R e- line 270.35 feet; thence Sout}, 8F°S-' 0 "' i>>=: �. 5� Z°°t. taen_e 270.3b fee . thlene Nth north 1 `t " ,G � feet to the point of beginninc in l:enddl l 7olnshi,,, Ren-11 Goun-c% 111 inoi_ and con ta ining 5.000 acre-. -- Accurate Mcp a Territor Annexed to the 07ited City of t& Village of Yarkwille � y I I I 6.55.5.'" i /Vexln L ne of one Mcrmc sr G�orler of Secnm 5-36-7 I , � u I I � hi r` Qi i � I'I iti o� vl 0 _ a� v � I I i V�o t a 1 1�/ � c ✓40 i J &05,5-9' � 765.59' i omP°ny I o Ill e EaU'P Annexed 'E YO rkv �� Be � a r' To W o l 7E 5 59 S88-52'07"W 805.59 v1 2 40' •kl m 4 Prepared by Donahue, Thornhill and Olson 217 South Srio�e Suet Yorkvil le, Illinois 60560 ( 312) 553-0050 October 5, 1987 No. 2940-F City of Yorkville