Ordinance 1985-17 ORDINANCE NUMBER 1985
AN ORDINANCE TO ANNEX CERTAIN TERRITORY AND
TO INCORPORATE THE SAME WITHIN THE CORPORATE
BOUNDRIES OF THE UNITED CITY OF THE VILLAGE
OF YORKVILLE
BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE
OF YORKVILLE, KENDALL COUNTY, ILLINOIS AS FOLLOWS:
PREAMBLE
1. A Petition in writing has been filed under oath by Robert E. Lee
and Ardis Lee as owners of the real estate described in the attached
Exhibit "A" hereto, which was signed by said owners requesting annexation
of their real estate to the United City of the Village of Yorkville.
2. A Public Hearing was held before the Plan Commission of the United
City of the Village of Yorkville, on August 27, 1985 pursuant to notice
published in the Kendall County Record.
3. It appears that the prosperity of the City and of the territory
hereinafter described in the attached Exhibit hereto will be materially
benefited from the annexation and incorporation of said territory within
the City boundries.
4. The annexation of said territory is deemed necessary for the
wellfare of the Petitioner and of the City as a whole.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED
CITY OF THE VILLAGE OF YORKVILLE AS FOLLOWS:
ARTICLE I
There is hereby annexed to the United City of the Village of Yorkville,
County of Kendall, and State of Illinois and incorporated within the corp-
orate boundries thereof, the real estate described in the attached legal
description hereto.
ARTICLE II
The corporate limits of the United City of the Village of Yorkville
are hereby extended and increased so as to include and embrace within the
corporate limits of said City, the territory described by reference in
Article I of this ordinance, and such territory is hereby declared to be
a part of the United City of the Village of Yorkville.
ARTICLE III
The map attached to this ordinance is an accurate annexation plat of
the territory being annexed hereto.
ARTICLE IV
That Petitioners are hereby granted 0-Zoning with a special use for the
site plan approved by the City Council and Plan Commission of the United
City of the Village of Yorkville to the real estate attached hereto and
marked as Exhibit "A-1", and said Petitioners are further granted the
zoning of B-3 as to the exhibits marked "A-2" and "A-3".
ARTICLE V
The United City of the Village of Yorkville has duly provided notice
to all governmental entities entitled to notice of said annexation requests,
and an affidavit is attached hereto and executed under oath by Petitioners,
Robert E. Lee and Ardis Lee showing compliance with all notification pro-
visions as contained in Chapter 24 of Illinois Revised Statutes.
ARTICLE VI
This ordinance shall take affect immediately upon passage and recording
hereof.
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PASSED this ;.,?� f� day of jt- 4k ./!r ,i• 1985.
ROBERT E. DAVIDSON, JR. , ayor
APPROVED this day of L���' �r�-�c-�� 1985.
CITY CLERK
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STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
AFFIDAVIT
NOW COMES ROBERT E. LEE and ARDIS LEE pursuant to Chapter 24, Section
7-1-1 (1983) of Illinois Revised Statutes and do upon oath swear and affirm
that they have filed all required notices, including those to governmental
bodies concerning the proposed annexation of the real estate described in
the attached Annexation Agreement and Annexation Plat.
IN W TNESS WHEREOF we have hereunto set our hands and seals this
day of 1985.
I A iA,
ROBES E.,LLrE I
ARD LEE
STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
ACKNOWLEDGMENT
I, the undersigned, a notary public in and for the County and State a-
foresaid, do hereby certify that ROBERT E. LEE and ARDIS LEE, personally known
to me to be the same persons whose names are subscribed to the foregoing in-
strument, appeared before me this day in person and acknowledged that they
signed, sealed and delivered said instrument as their free and voluntary act,
for the uses and purposes there in set forth. ,/ /
Given under my hand and notarial seal this 1'/ ' / day of
1983.
Notary Public
4W
STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
LEE SUBDIVISION ANNEXATION AGREENENT
THIS AGREEMENT entered into as of the J4 day of
1985, by and between ROBERT E. LEE and ARDIS LEE, (hereinafter referred to
as "Owners") , and THE UNITED CITY OF THE VILLAGE OF YORKA'ILLE, a municipal
corporation located in Kendall County, Illinois (hereinafter referred to
as "City") ;
WHEREAS, the Owners are the owners of record of the real property
legally described in attached Exhibits "A" - "C", and by this reference
made a part hereof, which property is located in the Township of Kendall,
County of Kendall and State of Illinois, and is hereinafter referred to as
the subject property; and
WHEREAS, the subject property described is not within the corporate
limits of any municipality and is contiguous to the United City of the
Village of Yorkville; and
WHEREAS, no electors reside on the above described real estate; and
WHEREAS, it is the desire of the Owners to annex the subject property
to the United City of the Village of Yorkville, in accordance with the terms
and conditions of this agreement; and
I% -P it is the desire of the City that the subject property be
annexed to the City and zoned in accordance with the terms and conditions
of this agreement; and
IVH�ERE.AS, the Owners will cause the subject property to be annexed to
the United City of the Village of Yorkville, pursuant to the terms and
conditions of this agreement; and
IVHEREAS, the Owners propose that the subject property be classified
under the United City of the Village of Yorkville Municipal Zoning Ordinance
as follows:
(Planned Unit Development)
Legal Description shown in 0 - Office District with Petitioners
Attached Exhibit "A" and their successors, heirs, and as-
signs allowed to conduct all B-3 uses
as provided in the City Ordinance
other than those excluded as follows:
Auction House
Automobile Sales and Service
Garage - Bus or Trick
Motorcvcle Sales and Service
Recreational Vehicle Sales and Service
,',,'on-Public Utility- Co. Mainten:+nccc Yar,.',
Legal Description shown in B-3 Service Business District
Attached Exhibit "B" & "C"
I%T EREAS, the Plan Commission of the United City of the Village of
Yorkville has heretofore scheduled a public hearing on the application of
the 0,.ners to approve the proposed Annexation, and upon the application of
the Oh,Tners to classify the subject property as B-3, as requested herein
and in an accompanying petition to annex to the United City of the Village
of Yorkville, which has been filed by 0.,ners with the City; and due notices
of said public hearing having been published in the manner required by law,
and said public hearing having been held on in all respects in the manner
conforming to Illinois Revised Statutes in such case made and provided; and
titi'f-1EREAS, the Plan Commission of the United City of the Village of
Yorkville has made its report and recommendations to the Mayor and City
Council of the United City of the Village of Yorkville with respect to the
said proposed annexation, and the proposed zoning classification, all in
accordance with the ordinances of the United City of the Village of York-
ville; and
MIEREAS, the notice of a public hearing on this proposed annexation
agreement has been given in the manner provided by law, and the corporate
authorities of the United City of the Village of Yorkville have held such
hearings as are prescribed by the provisions of Section 15.1 of the Illinois
Municipal Code (Illinois Revised Statutes, Chapter 24, §1-15.1-1 et seq. ,
1983) ; and
M-EREAS, the Owners shall cause an affidavit to be recorded with the
Kendall County Recorder of Deeds, stating compliance with all notice pro-
visions of the said proposed annexation, as required by §7-1-1 of the Illinois
Revised Statutes, Chapter 24, §7-1-1, et seq. , (1983) ; and
MiERFAS, the Building and Zoning Committee of the City Council, in its
report, has indicated that it approves said annexation and said zoning
classification, and finds that the use proposed would be the highest and
hest use of the said property; and further recoirrnends the following:
1. That a%-ners shall adopt a front sethacl: line on each subject
parcel of real estate of at least 125' so as to alloy, sufficient room
for the establishment of a frontage road ruining parallel with Illinois
Route 47.
z
2. That Owners will at their own expense construct a frontage
road across each of the subject parcels of real estate, to join in
one common access onto Illinois Route 47 at the intersection of Ill-
inois Route 47 and Beaver Street at the time development takes place
on or at the time a Final Plat for the second parcel is presented to
the City, whichever event occurs first. Petitioners shall show a 40
foot frontage road easement on the Annexation Plat presented to the City
along the Eastern boundary of parcels "A - C" as attached hereto.
Upon the construction of said frontage street and provision
for a common access Owners agree that any existing individual access
for any parcel shall be closed.
3. Owners agree that they shall cause to be extended City Water
Mains to service all of the subject parcels of real estate at their ex-
pense, in conformance with the City Subdivision Control Ordinance or
shall oversize said improvements if requested by the City with the
City to pay any increased cost.
4. Owners agree that they will cause to be extended City Sewer
Lines to service all of the parcels of real estate at their expense
upon development of or the presentation of a Final Plat, whichever oc-
curs first, as to the second parcel used for said purpose, in conform-
ance with the City Subdivision Control Ordinance or shall oversize
said improvements if requested by the City with the City to pay any
increased cost.
S. Owners agree to install natural screening in the form of trees
or hedges of at least four (4) feet in height at the time of securing
a building permit, along the Northern lot line of the real estate des-
cribed in the attached Exhibit "A', from the front of any building
constructed to so far in the rear as is possible without interfering
with any water retention area.
6. Owners agree to construct on each subject parcel of real es-
state a water retention area that is in compliance with the City Sub-
division Control Ordinance. Petitioners shall record a permanent
drainage easement on the areas needed for water retention when the final
configuration is approved by the City Engineer.
-3-
1
WHEREAS, the Owners shall have no duty to proceed with its annexation
request unless all conditions and convenants contained in this Annexation
Agreement are approved by the United City of the Village of Yorkville;
NOW THEREFORE, for and in consideration of the mutual convenants and
agreements hereinbefore set forth, the parties hereto agree as follows:
1. The City hereby agrees to adopt and approve simultaneous
with the adoption of an ordinance annexing the subject property an
ordinance classifying the subject property described in Exhibit "A" -
"C" as follows:
Legal Description shown in 0 - Office District with Petitioners
Attached Exhibit "A" and their successors, heirs, and as-
signs allowed to conduct all B-3 uses
as provided in the City Ordinance
other than those excluded as follows:
Auction House
Automobile Sales and Service
Garage - Bus or Truck
Motorcycle Sales and Service
Recreational Vehicle Sales and Service
Non-Public Utility Co. Maintenance Yard
Legal Description shown in B-3 Service Business District
Attached Exhibit "B & C"
2. It is further agreed that this agreement may be amended by
mutual consent of the parties hereto by the adoption of an ordinance
by the City amending the terms of this agreement and acceptance of the
same by the Owners or its successors, heirs and assigns.
3. This agreement shall inure to and be binding upon the suc-
cessors, heirs and assigns of each party hereto.
4. That each party does agree to be bound by said terms of said
agreement and to provide for completion of all duties each party has
hereunder; and said Agreement shall be binding upon the successors,
heirs, and assigns of each party.
S. That Owners shall provide an Annexation Plat drawn by a lic-
ensed Illinois Registered Land Surveyor for recording.
IN WITNESS WHEREOF, the following persons have hereunto set thier
hands and seals, as Owners, and the United City of the Village of Yorkville
-4-
R
and have caused this instrument to be executed by their proper officers duly
authorized to execute the same the day and year first above written.
BERT E. VLEE
ARDIS LEE
UNITED CITY OF THE VILLAGE OF YORKVILLE,
an Illinois municipal corporation
i
ATTEST:
City Cleft
-5-
NOTICE OF ANNEXATION
TO: Kendall Township Bristol-Kendall Fire Department
Legion Road Rt. 47 & Fox Road
Yorkville, I1. ,60560 Yorkville, I1. ,60560
Yorkville-Bristol Sanitary District Yorkville Community School District
304 River St. 106 Route 126
P.O. Box 488 Yorkville, I1. , ,60560
Yorkville, I1. ,60560
Kendall County
110 W. Ridge St.
Yorkville, I1. ,60560
PLEASE TAKE NOTICE that a Petition for Annexation & Rezoning has been
filed with the City Clerk of the United City of the Village of Yorkville,
Kendall County, Illinois, requesting the annexation of and zoning from
A-1 to B-3, of a parcel of real estate consisting of approximately thirteen
(13) acres lying southerly and contiguous to the United City of the Village
of Yorkville, and westerly and contiguous to the United City of the Village
of Yorkville, and not within the corporate limits of any municipality, more
specifically described in Exhibits "A", "B", and "C", attached hereto and
made a part hereof.
This notice is given to you, and each of you, pursuant to the provisions
of Chapter 24, Section 7-1-2 of the Illinois Revised Statutes.
CifY Clerk of he United City of
the Village of Yorkville,
Kendall County, Illinois.
That part of the Northeast Quarter of Section 5, Township 36 North, Range 7 East
of the Third Principal Meridian described as follows: Commencing at the
northeast corner of said Northeast Quarter; thence South 890 40' 05" West along
the North line of said Northeast Quarter 655.52 feet to the tangent center line
of State Route No. 47 extended from the South; thence South 1° 44' 07" East
along said extended line 272.72 feet for the point of beginning; thence South
890 40' 05" West 682.21 feet; thence South 1° 44' 07" East 191.61 feet; thence
North 89° 40' 05" East 682.21 feet to said extended tangent center line; thence
North 1° 44' 07" West along said center line 191.61 feet to the point of
beginning, in Kendall Township;
in Kendall County, Illinois. **
��� T
Parcel G of "Loftus Farm"
That part of the Northeast Quarter of Section 5, Township 36 North,
Range 7 East of the Third Principal Meridian described as follows:
Commencing at the Northeast corner of said Northeast Quarter; thence
South 89'40'05" West along the North line of said Northeast Quarter, 655.52
feet to the tangent center line of Illinois State Route No. 47 extended
from the South; thence South 1°44'07" East along said extended tangent center
line and said tangent center line, 464.33 feet for the point of beginning;
thence South 1°44'07•" East along said center line, 275. 16 feet; thence
South 88°52' 07" West, 776.31 feet; thence North 1°44' 07" West, 285.99 feet
to a line drawn South 89 040'05" West from the point of beginning; thence
North 89 040'05" East,. a76.50 feet to the point of beginning in Kendall
Township, Kendall County, Illinois and containing 5.000 Acres.
Parcel E of "Loftus Farm"
That part of the Northeast Quarter of Section 5, Township 36 North,
Range 7 East of the Third Principal Meridian described as follows;
Commencing at the Northeast corner of said Northeast Quarter; thence
South 89°40'05" West along the North line of said Northeast Quarter 655.52
feet to the tangent center line of Illinois State Route No. 47 extended
from the South; thence South 1°44'07" East along said extended tangent'.center
line and said tangent center line, 789.49 feet for the point of beginning;
thence South 1°44' 07" East along said center line, 285.96 feet; thence
South 88°52'07" West, 761 .69 feet; thence North 1°44'07" West, 285.96 feet;
thence North 88°52'07" East, 761 .69 feet to the point of beginning in Kendall
Township, Kendall County, Illinois and containing 5.000 Acres.
f
III
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610 l owed LanE City Clerk —��-- = ,tar,ne Eriek r:- City G'erk _
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Yorkville Equipment Co. G CrcnviticCtark
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Territory Annexed to the City of Yorkville
Kendal/ Co unty ///in o Is
32 33
S89°40_05"w 65552 _j_-_
-North- Line-- of-- -the- -Northeo St- \Quarter - of- Section - 5-36-7-
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ti I of Section 5-36-7
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Porgy Acres /5722 '
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Legal Descriptions :
Parcel One: That part of the Northeast Quarter of Section 5, Township 36 North, Range 7 East of the Third Principal
Meri ian described as follows : Commencing at the northeast corner of said Northeast Quarter; thence South 89°40 '05"
West along the north line of said Northeast Quarter, 655. 52 feet to the tangent center line of Illinois State Route
No. 47 extended from the south; thence South 1 °44'07" East along said extended tangent center line , 272. 72 feet for
the point of beginning; thence South 89°40' 05" West 682. 21 feet; thence South 1 °44' 07" East, 191 .61 feet; thence
North 89°40' 05" East, 682. 21 feet to said extended tangent center line; thence North 1 °44' 07" West along said center
line, 191 . 61 feet to the point of beginning (excepting therefrom that part thereof lying easterly of the westerly line
of said Route 47) in Kendall Township, Kendall County, Illinois and containing 2.829 acres .
Parcel Two: That part of the Northeast Quarter of Section 5, Township 36 North, Range 7 East of the Third Principal
Me it dean described as follows : Commencing at the northeast corner of said Northeast Quarter; thence South 89°40'05"
West along the north line of said Northeast Quarter, 655. 52 feet to the tangent center line of Illinois State Route
No. 47 extended from the south; thence South 1 044' 07" East along said extended tangent center line and said tangent
center line, 464. 33 feet for the point of beginning; thence South 1 °44 '07" East along said center line, 275. 16 feet;
thence South 88°52' 07" West, 776. 31 feet; thence North 1 °44'07" West, 285. 99 feet to a line drawn South 89°40'05" West
from the point of beginning; thence North 89 040'05" East, 776. 50 feet to the point of beginning (excepting therefrom
that part thereof lying easterly of the westerly line of said Route 47) in Kendall Township , Kendall County, Illinois
and containing 4. 747 acres .
Parcel Three: That part of the Northeast Quarter of Section 5, Township 36 North, Range 7 East of the Third Principal
Meridian described as follows : Commencing at the northeast corner of said Northeast Quarter; thence South 89°40 '05"
West along the north line of said Northeast Quarter, 655. 52 feet to the tangent center line of Illinois State Route
No. 47 extended from the south; thence South 1 °44 '07" East along said extended tangent center line and said tangent
center line, 789.49 feet for a point of beginning; thence South 1 °44' 07" East along said center line, 285.96 feet;
thence South 88°52' 07" West, 761 . 69 feet; thence North 1 °44' 07" West, 285.96 feet; thence North 88°52 '07" East, 761 .69
feet to the point of beginning (excepting therefrom that part thereof lying easterly of the westerly line of said
Route 47) in Kendall Township, Kendall County, Illinois and containing 4. 737 acres .
State of Illinois:
:SS
County of Kendall :
This is to certify that we, Donahue, Thornhill and Olson, Illinois Registered Land Surveyors,
have prepared the map hereon drawn to be an accurate representation of the above described property.
Dated at Yorkville, Illinoois , November 14, 1985
AM.
Illinois Regiitered Land Surveyor No. 2253
Attorney Dan Kromer No. 2491