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Ordinance 1987-17 A 87 )OqA 1V FILED FOR RECORD KENDALL COUNTY ILL, DQC# ORDINANCE NO. 1987- / l I°jOV 2 5198/ AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF McAUSLAN REAL ESTATE RECORDER OF DEEDk 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. PASSED at a regular meeting of the City Council of the United City '. of the Village of Yorkville on ����R- 19 1987. C �- e � ��Lo 1V1 ,.Are SIGNED and APPROVED by me, as Mayor, this day of 1987. MAYOR ATTEST: CITY 'CLERK (SEAL) -2- U•ownship 37 North, Range 7 East Of Tnat part of the NOrthr�est c:arater or. Section ?6, of the Third PrinciDZl meridian, described as TO110w5: Commencing at the intersection' the center line of State Bond Issue Route 47 with the tanoent to the center line Of State Bond Issue kai Fe 15 , as swnabonDl the centezdlin po`_oRouteo47 deed aforesaida2611r55 boo): 106; thence Sou 2 30 Last r g° ' ' Nest 17; .0 feet; thence North SC° 25 ' wst 1E 9.4 feet, for c e ^e North E 2_ ...• 3 t 44 Ea - feet, `� n` n' 2: ' jest gC. 5 feet; thence No_ Lr. - D1:r,: d_ Pe^ln^.1P,C; tC°- -= f:Ort.'. - a:' to tn_ 507tC. isn_ O_ +C)e rl ❑�'t Of way of said RO:]LE lE ; thence SOJtr, Df 216, . ( 7 _ 1f ' mast alone said rice: o: wav line, 43 .7 feet; thence Easteri} alone a curve to the 3E fe?t, said curve beino tanoent to the last described left i,avinc a radius Of :3c�7 ?� 44 ' East frog line at the lest oescri^ ocin_, 4c. 3 fee: �o a Point which is North tT e DOl nt Of Deo lnn.n S7 4r.Fr�rp 50 tr 3� L4 ' Nest 215. 1 fee-, t0 the point of neginnin7, Tiiinois Department Of `I'rdT15DOrtatlOn DN' ).ceDt that Darat cOnvENec to the state O_ Kendall County, Il1in0_s Deed recorded as doh 74 36 3) in the 7owrsnic of Bristol STATE Or iLLIN01- COUNTY OF KENDALL ) ANNEXATION AGREEMENT TO THE UNITED CITY OF THE VILLAGE OF YORKVILLE THIS AGREEMENT is made and entered into this l day of 1957, by and between the United City of the Village of Yorkville, Yorkvilie, Illinois a municipal corporation, located in Kendall County, Illinois, hereinafter referred to as "City" , and DAVID N. McAUSLAN and MARY McAUSLAN of the City of Yorkville, Kendall County, Illinois, hereinafter referred to as "Owners" . WITNESSETH : 1`vHEREAS, the Owners, DAVID N . McAUSLAN and MARY McAUSLAN are the owners of land, which lies generally East 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 �%'HEREAS, 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 1957, 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- . PU • prCVtOC'C in Cnapler 24., Sections tnroudn 1{-ES . f- iii;nUd_ r.evt5e_ Statutes, l4E�, as amended, as foliov,'s : i. ANNEXATION AND ZONING : The City shall adopt an ordinance annexing to the City all of the reai estate Described on Exhibit "A' and the Cily in said ordinance sriall zone the rea! estate described On Exhibit "A", subject to the further terms of this Agreement as E-3 Hiehx-ay Business District. Said zoning aliowine the uses, size, density, areas, coverage, and m2ximur. buiidinc heights as se: forth on Exhibit "E' , E-3 1;idnv,2y Business District, saic real estate to De usec and DeveioDed in a:CUrGan;:E v,'1tn this Aoreemer; an." the Cite Subdivision Control _ . The City agrees that in consideration of voluntaril-v annexing to the City, the City wili do the foiiov.inc A) Petitioners-Owners and their successor-S, neirS , and assigns steal' given free wafer and sewer hoof:-uDs walvinc anN' iee custCrnarii\ paid to the City on land being annexed to the City for a period o. fifteen ( 15) years from the date of execution of this agreement. Nothing contained herein shall be oeemed to be a waiver of se%s er 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 1" is necessary for water service, the cost of said meter shall be paid by the user. B) The City shall not allow any deveioper or other party to charge Petitioners -Owners, or their successors, heirs and assians 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 shall use its best efforst to secure an easement for a sewer line to hook up to an existing sanitary sewer manhole located near the Fox River Lanes bowiinc alley immediately to the south of Petitioner's subject real estate Tne City shall be responsible for the costs of procuring said easement, and shall make the easement available for a se%+-er main -extension by Petitioner and her successors, heirs and assignS. E) The City shall use its best efforts to secure an easement running from existing City water main alono Route 34 that will provide water service to Petitioner`s subiect real estate. Said rnain 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 deveio;:'tent of the real estate herein described in the event of any future development on the sub)ect property . -2- . . .1 6 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 oil- this Agreement, assignees, iesses, 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 11.ith a copy to : Daniel J . Kramer Attorney at Law 306 S. Bridoe Street Yorkville, Illinois 60560 If to the Owners : David and Mary McAuslan 1304 Sunset Yorkville, IL 60560 or to such other addresses as any party may from time to time designate in a written notice to the ether 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 wgive legal effect to the matters contained in this Aareement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS HEREOF, the under igned have hereunto set their hands and seats this �! day ofv/ -- UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois. i MAYOR ATTEST : /ICITY CLE " K -3- NLZZ OWNER , DAVID N. McAUSLAN OY►'NE MARY MCAUSLAN L- ALDERMAN! A R 6AN A�')Zo'zavll IV MAN/l/ ; .,A ERMAN << A M N �x altll- C;/, - ALDERMAN AL Tl -4 "nat part Of the hortnWeS: Cuarate: Of Section 26, ` ownS_^1p 37 North, Range 7 East O the 'Third Principal meridian, described ZS follows: Co:i:encinc at the intersection O: the center line Of State Bone Issue Route 47 with the tancent tO the center line of $=ate Bond Issue Rote IE , as shown bl' vlat recOrcec On Pa0e 17E O_` Qe?d rE'COrOe[ In 000i: 100; tnence Sout. 21, 3C' =as alonc the center line Of Route 47 aforesaid 26:. E9022 ' ► °_�� 1 /! . C TGO� t.nence lv C:t:. F.n' 7= ' west 1°5.4 I°=t, : )r `1'ie f ee tnc^_c !":'tr 31 4` ' `-.� _ Q . 4 reef tC ` _.. l_ne C. t1C 4ay O, 5 i. YO' to i