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
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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)
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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
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(See Reverse) (See Reverse) (See Reverse)
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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.
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RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL
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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 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
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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.
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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
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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 �
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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