Ordinance 1987-15 ORDINANCE NO. 1987-
AN ORDINANCE AUTHORIZING
THE EXECUTION OF AN ANNEXATION AGREEMENT OF
LUELLA M. LIAKAKOS, a/k/a LUELLA M. LIAKAKOS GARLING 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 C, ENDALL COUNTY ILL'S
of the Village of Yorkville on ,- S 1987.
RECORDER OF DEEDDS�-/,,_.
SIGNED and APPROVED by me, as Mayor, this day of 1987.
MAYOR
ATTEST:
t
CITY CLERK
(SEAL)
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-bird P rinciPal ner ' an cesc:ibec as folovs : cnm7er n a'- cne p-,iot of Inte, sectioi
of toe center line . state bond issue Route 47 wit ue cangenz to tue cente� line
curve of U.S. Route 34 ( formerly state Bond lssuE Do�ce wo' lG ) w�icb lieS 5'25 feet
'
South of the Intersection of the center lines of toe aforesaid Routes 47 and 34 as
located and described in u dedication instrument recorded January 2, 1945 in Deed
Record 99 Page 585x thence North 086 Degrees, 16 Minutes, DD Seconds West along the
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aforesaid tangent to the center line curve of U.S. Route 34 and along said center lir
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�+ 428 feet; thence South 003 Degcees, 44 Minutes, DD Seconds West at right angles to
said center line 247- 6 feet for the point of beginning; thence South 058 Degrees, OS
Minutes, DU Seconds East 268.4 feet; thence South 089 Degrees, IZ Minutes, OD Second!
East 54'11 feet; thence North 002 Degrees, 30 Minutes, OD Seconds West 96 feet; tbeoc
South 089 Degrees, 22 Minutes, UD Seconds East 144'I feet to the Westerly line of oa�
Route 47 ; thence Northerly 106 feet to a point 37 feet Westerly of (measured at ri�bt
anqles thereto) the Original center line, thence Northwesterly SS'S feet to a point /
feet Westerly of (measured at right angles thereto) said original center line; thence
Northwesterly 55-5 feet to a point 57'5 feet Southerly of (measured on a radial line)
the center line curve of said U.S. Route 34 , thence Westerly 36 feet to a point 49 ' 5
feet Southerly of (measured along a radial line) the center line curve of said U.S.
Route 34 / thence Westerly llO feet to a point on the Easterly line of the premises
conveyed to Otto F. 8noz±r and wife by deed recorded September 30, I948 in Deed Becor
105 page I78, said point being 36 feet Southerly of (measured along said Easterly lin
extended) the center line curve of U.S. Route 34; thence Southerly along the Easterly
line of said aoortz premises to the Southeasterly corner tbeceof ; thence Westerly
I60.9 feet to the point of beginning, (except that part taken for highway purposes by
condemnation proceedings filed April 17, I974 as case 74 EDI) and also (except that
part of said North West � described as follows: Commencing at the Intersection of
center line of S.B.I. Route 47 with the tangent to the center line of S.R.I. Route IS
as shown by plat recorded on page 176 of Deed Record Book IOD of the Record of the
Recorder of Kendall County, Illinois; thence South 002 Degrees, 30 Minutes, QD Sezood.r
East along the center line of said Route 47, 261-55 feet; thence North 089 Degrees, Z:
Minutes, 00 Seconds West I77.0 feet thence North D8D Degrees, 25 Minutes, O0 Seconds
west IO7 feet for a point which shall be hereinafter designated as point a; thence
North 3 Degrees, 22 Minutes, OD Seconds East to the South line of the 3liqbt of way of
S.B.I. Route I8^ for the point of beginning; thence South OD] Degrees, 44 Minutes, OD
Seconds West to point A as bezeluabove described; thence North DBD Degrees, 25
Minutes, OD Seconds West 12 feet; thence North 003 Degrees, 44 Minutes, DD Seconds
East 225'3 feet; ',thence Easterly along said right of way line and along a curve to the
left to the point of beginning) and also (except that part of said Northwest
described as follows: Commencing at the point of intersection of the center line of
State Bond issue Route 47 with the tangent to the center line curve of U.S' Route 30
(formerly State Bond Issue Route No' 18) which lies 5-25 feet South of the
intersection of the center lines of the aforesaid Route 47 and 34 an located and
described in a dedication instrument recorded January 2, l946 in deed record gB, page
586; thence North 086 Deqceea, 18 Minutes,. 00 Seconds West along the aforesaid tangect.
to the center line curve of U.S. Route 34 and along said center line 428 feet; thence
South O03 Degzees, 44 Minutes, 00 Seconds West at right angles to said center line
247' 6 feet for the point of beginning; thence Easterly 172-9 feet the Southeasterly
corner of lands now owned by Fred and June Dollmau/ thence Southerly along the
Easterly line extended of said Dollmao premises to a point on a line drawn from the
point of beginning at a course Sootb 058 oegreea° 05 Minutes, DD Seconds East: thence
North 058 Degrees, 05 Minutes, 00 Seconds West to the point of beginning) in the
Township of Bristol, Kendall Conotyt Illinois.
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F.nAl that Dart of th orthwest quarter of Section Township 37 North Rance 7 Ear_
of the Third Principal Meridian described as follows: Comrnencine ar the Doin_ c:
intersection of the center line of State Bond Issue Route 47 with t-ne tangent to the
center line curve of O.S. Route 34 (formerly State BDnd Issue Route No. 18) which
lies 5.25 feet South of the intersection of the center lines of the afforesaid Route
47 and 34 as located and described in a dedication instrument recorded January 2, 19
in Deed Record 99 page 5B5; thence North 860 16 ' West along the aforesaid tangent to
the center line curve of O.S. Route 34 and along said center line 428 feet; thence
south 30 44 ' West at right angles to said center line 247. 6 feet for the point of
beginning; thence South 580 05' East 268.4 feet; thence South 890 22' East 54. 11 fee
thence North 2° 30 ' West 96 feet; thence South 890 22 ' East 144 .1 feet to the Wester
line of said Route 47; thence Northerly 106 feet to a point 37 feet Westerly of
(rr�easured at right angles thereto) the original center line of said Route 47 as show
ny plat of vacation recorded September 11, 1959 in Deed Record 121 page 631 as
document 126639; thence Northerly 39 feet to a point 45 feet Westerly of (measured a,
right angles thereto) said original center line; thence Northwesterly 55.5 feet to a
point 86 feet Westerly of (measured at right angles thereto) said original center
line; thence Northwesterly 55,5 feet to a point 57.5 feet Southerly of (measured on
radial line) the center line curve of said D.S. Route 34 , thence Westerly 36 feet to
point 49.5 feet Southerly of (measured along a radial line) the center line curve of
said D.S. Route 34 ; thence Westerly 110 feet to a point on the Easterly line of the
premises conveyed to Otto P. Boortz and wife by deed recorded September 30, 1948 in
heed Record 105 page 178, said point being 36 feet Southerly of (measured along said
Easterly line extended) the center line curve of U.S. Route 34 ; thence Southerly aloe
the Easterly line of said Boortz premises to the Southeasterly corner thereof; thenc
Westerly 160.9 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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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.
u nne J. Erick" on, City Clerk
SUBSCRIBED AND SWORN to before me this _day of &L , 1987.
�baa 1Cq)-) - a-
Notary Public
f
257 753 320 P 257 753 324 P 257 753 323 \)
r.IPh'FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CEATIFI'ED�MAIL
NO INSURANCE COVERAGE PROVIDED NOINSUHANCE COVEHAGk PROVIDED
NOT FOR INTERNATIONAL MAIL NOI FUH INItHNAIIONAk MAII NO INSURANCE COVERAGE PROVIDED
(See Reverse) NOI FUR INTERNAIIONAL MAIL
(See Reverse') (See Reverse)
Sent to Kendall County Sent to Bristol
0
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 ay of
1987, by and between the United City of the Village of Y r ville, Yorkville,
Illinois a municipal corporation, located in Kendall County, Illinois, hereinafter
referred to as "City", and LUELLA M. LIAKAKOS AKA LUELLA M. LIAKAKOS GARLING
of the City of Yorkville, Kendall County, Illinois, hereinafter referred to as
"Owners".
WITNESSETH :
WHEREAS, the Owners, LUELLA M. LIAKAKOS AKA LUELLA M. LIAKAKOS GARLIN
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
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 II-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 agrees that it shall issue upon application by any applicant
who qualifies under the Illinois Liquor Control Act for a Liquor License,
a license for restaurant purposes for the premises located on the
corner of Route 47 and Route 34.
E) The City shall use its best efforts 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 Petitioner's 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.
F) The City shall use its best efforts to secure an easement running from
existing City water mains 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.
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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: Luella Garling
1215 N. Bridge
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 i' day of 1987.
UNITED CITY OF THE VILLAGE OF
YORKVILLE, Kendall County, Illinois.
��-ZIZL; �'--zv-'
MAYOR
ATTEST :-
CITY CLERK
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OWNEel LUELLA M. LIAKAKOS OWNER
AKA LUELLA M. LIA KOS
G RLIN
A-tDERMAN
4NJLDERMAN
A RMAN. ALD RMA'
ALDERMAN ALDER-MAN
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DERMA ALDERMAN
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F That part of the Nora' west of Section -'L, ':ownship 37 North, Range 7 East of t:,;,-
b� Third Principal Merl n described as folows: Commen a at the point of Intersection
of the center line of State Bond Issue Route 47 with _,)e tangent to the center line
curve of D.S. Route 34 (formerly State Bond Issue Route No. 18 ) which lies 5.25 feet
South of the Intersection of the center lines of the aforesaid Routes 47 and 34 as
located and described in a dedication instrument recorded January 2, 1945 in Deed
Record 99 Page 585; thence North 086 Degrees, 16 Minutes, 00 Seconds West along the
aforesaid tangent to the center line curve of D.S. Route 34 and along said center line
428 feet; thence South 003 Degrees, 44 Minutes, 00 Seconds West at right angles to
said center line 247. 6 feet for the point of beginning; thence South 058 Degrees, 05
Minutes, 00 Seconds East 268.4 feet; thence South 089 Degrees, 22 Minutes, 00 Seconds
East 54 .11 feet; thence North 002 Degrees, 30 Minutes, 00 Seconds West 96 feet; thence
South 089 Degrees, 22 Minutes, 00 Seconds East 144.1 feet to the Westerly line of saic
Route 47 ; thence Northerly 106 feet to a point 37 feet Westerly of (measured at right
angles thereto) the Original center line, thence Northwesterly 55.5 feet to a point 8E
feet Westerly of (measured at right angles thereto) said Original center line; thence
Northwesterly 55.5 feet to a point 57.5 feet Southerly of (measured on a radial line)
the center line curve of said D.S. Route 34 , thence Westerly 36 feet to a point 49.5
feet Southerly of (measured along a radial line) the center line curve of said U.S.
Route 34 ; thence Westerly 110 feet to a point on the Easterly line of the premises
conveyed to Otto F. Boortz and wife by deed recorded September 30, 1948 in Deed Record
105 page 178, said point being 36 feet Southerly of (measured along said Easterly line
extended) the center line curve of D.S. Route 34; thence Southerly along the Easterly
line of said Boortz premises to the Southeasterly corner thereof ; thence Westerly
160.9 feet to the point of beginning, (except that part taken for highway purposes by
condemnation proceedings 1filed April 17, 1974 as case 74 ED1) and also (except that
part of said North West z described as follows: Commencing at the Intersection of
center line of S.B.I. Route 47 with the tangent to 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, Illinois; thence South 002 Degrees, 30 Minutes, 00 Seconds
East along the center line of said Route 47, 261. 55 feet; thence North 089 Degrees, 22
Minutes, 00 Seconds West 177.0 feet thence North 080 Degrees, 25 Minutes, 00 Seconds
West 107 feet for a point which shall be hereinafter designated as point a; thence
North 3 Degrees, 22 Minutes, 00 Seconds East to the South line of the Right of way of
S.B.I. Route 18, for the point of beginning; thence South 003 Degrees, 44 Minutes, 00
Seconds West to point A as hereinabove described; thence North 080 Degrees, 25
Minutes, 00 Seconds West 12 feet; thence North 003 Degrees, 44 Minutes, 00 Seconds
East 225.3 feet; thence Easterly along said right of way line and along a curve to the
left to the point of beginning) and also (except that part of said Northwest I
described as follows: Commencing at the point of intersection of the center line of
State Bond issue Route 47 with the tangent to the center line curve of U.S. Route 34
(formerly State Bond Issue Route No. 18) which lies 5.25 feet South of the
intersection of the center lines of the aforesaid Route 47 and 34 as located and
described in a dedication instrument recorded January 2, 1945 in deed record 99, page
585; thence North 086 Degrees, 16 Minutes, 00 Seconds West along the aforesaid tangent
to the center line curve of O.S. Route 34 and along said center line 428 feet; thence
South 003 Degrees, 44 Minutes, 00 Seconds West at right angles to said center line
247. 6 feet for the point of beginning; thence Easterly 172.9 feet the Southeasterly
corner of lands now owned by Fred and June Dollman; thence Southerly along the
Easterly line extended of said Dolliran premises to a point on a line drawn from the
point of beginning at a course South 058 Degrees, 05 Minutes, 00 Seconds East; thence
North 058 Degrees, 05 Minutes, 00 Seconds West to the point of beginning) in the
Township of Bristol, Kendall County, Illinois.
And that part of the Northwest quarter of Section 28,' Township 37 North Ranoe 7 EaS'_
of the Third Principal Meridian described as follows: Commencing at the point of
intersection of the center line of State Bond Issue Route 47 with the tangent to the
center line curve of D.S. Route 34 (formerly State Bond Issue Route No. 18) which
lies 5.25 feet South of the intersection of the center lines of the afforesaid Routes
47 and 34 as located and described in a dedication instrument recorded January 2, 194
in Deed Record 99 page 585; thence North 86° 16 ' West along the aforesaid tangent to
the center line curve of D.S. Route 34 and along said center line 428 feet; thence
south 30 44 ' West at right angles to said center line 247. 6 feet for the point of
beginning; thence South 58° 05' East 268.4 feet; thence South 890 22' East 54. 11 feet
thence North 2° 30 ' West 96 feet; thence South 89° 22 ' East 144.1 feet to the Westerl
line of said Route 47; thence Northerly 106 feet to a point 37 feet Westerly of
(measured at right angles thereto) the original center line of said Route 47 as shown
by plat of vacation recorded September 11, 1959 in Deed Record 121 page 631 as
document 126639; thence Northerly 39 feet to a point 45 feet Westerly of (measured at
right angles thereto) said original center line; thence Northwesterly 55.5 feet to a
point 86 feet Westerly of (measured at right angles thereto) said original center
line; thence Northwesterly 55,5 feet to a point 57.5 feet Southerly of (measured on a
radial line) the center line curve of said D.S. Route 34, thence Westerly 36 feet to j
point 49.5 feet Southerly of (measured along a radial line) the center line curve of
baid D.S. Route 34 ; thence Westerly 110 feet to a point on the Easterly line of the
premises conveyed to Otto F. Boortz and wife by deed recorded September 30, 1948 in
need Record 105 page 178, said point being 36 feet Southerly of (measured along said
Easterly line extended) the center line curve of D.S. Route 34 ; thence Southerly alon<
the Easterly line of said Boortz premises to the Southeasterly corner thereof; thence
Westerly 160.9 feet to the point of beginning, (except that part taken for highway
purposes) in the Township of Bristol, Kendall County, Illinois.
1
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Prepared by
Donahue, Thornhill and 0 1s0n2
217 South Bridge Street
Yorkville, Alinois 60560
( 3/2) 553-0050
October /, 1987
City of Yorkville
Mqo of
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NO 134
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No. 294