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Ordinance 1981-008 FHD: sb . FILED FOR RECORD KENDALL COUNTY ILL. - DOC# ORDINANCE NO, �y��-� AUG 1 8 1981 DEEDS AN ORDINANCE ANNEXING TERRITORY TO THE RECORDER OF UNITED CITY OF THE VILLAGE OF YORKVILLE , KENDALL COUNTY, ILLINOIS NlIC120FIL�Ai D- !N(�-"xED � TRA;,TEp� 1? WHEREAS , the FIRST STATE BANK AND TRUST OF HANOVER PARK, not personally but as Trustee under Trust Agreement dated 1° the lst day of November , 1976, and known as Trust No. 333 , as record owner and fee simple of a tract of land contiguous to the UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois, consisting of 4. 311 Acres of land, more or less, has heretofore filed a Petition for annexation with the UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois, requesting the annexation and zoning of the said property, all of which property is described on Exhibit "A" , attached hereto and made a part hereof ; and WHEREAS, said property is not within the corporate limits of any other municipality; and WHEREAS, the UNITED CITY OF THE VILLAGE OF YORKVILLE, following numerous public hearings before the Land Commission of the City, and the City Council, has heretofore, on the 19th day of March, 1981, approved an amended written Annexation Agreement with the Owner, said Agreement being effective the 9th day of April, 1981, providing for the annexation of the property and for the zoning of said property into a B-2 Classification with a special use for a restaurant and lounge and package liquor store , under the existing Zoning Ordinance of the UNITED CITY OF THE VILLAGE OF YORKVILLE; and WHEREAS, the Petitioner is the owner of said land and no dy/ electors reside thereon; and WHEREAS, the Petitioner is under oath requesting the annexation of said property to the UNITED CITY OF THE VILLAGE OF YORKVILLE , and in all respects has presented this Petition in accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code, being Chapter 24 of the Illinois Revised Statutes; and WHEREAS, upon investigation by the proper authorities of the UNITED CITY OF THE VILLAGE OF YORKVILLE , it has been ascer- tained that said property conforms in all respects to the require- ments of the Statutes and that said property is contiguous to the UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois, and is not within the corporate limits of any other municipality, as shown upon Exhibit "A" ; and WHEREAS, due notice of said Petition for Annexation has been served upon the Bristol-Kendall Fire Protection District and the Kendall Township Highway Commissioner , and the Kendall Township Board of Trustees, as required by Statutes; and WHEREAS, the Statutes provide that upon the affirmative vote of a majority of the City Council , contiguous property can be annexed to the UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois. NOW, THEREFORE, BE IT ORDAINED by the City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois , as follows: SECTION l : That the real estate described on Exhibit "A" attached hereto and made a part hereof_ be and the same is hereby annexed into the UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, -2- 9l 4 Illinois. SECTION 2: That the City Limits of the City be and are hereby extended to include the territory hereby annexed into the City, in accordance with the map of said property attached hereto and marked as Exhibit "A" . SECTION 3: That all said property as described in Exhibit "A" attached hereto and made a part hereof be and the same is hereby zoned B-2 , Special Use, for a restaurant and lounge and a separate package liquor store , in accordance with the Zoning Ordinance of the City and in accordance with the Annexation Agreement entered into by the City on the 19th day of March, 1981. SECTION 4: That all Ordinances or portions of Ordinances in conflict herewith be , and they are hereby, repealed insofar as conflict exists. SECTION 5: The City Clerk of the UNITED CITY OF THE VILLAGE OF YORKVILLE be and she is hereby authorized and directed to record with the Recorder of Deeds of Kendall County, Illinois, a certified copy of this Ordinance , together with an accurate map of the terri- tory annexed, together with an Affidavit of Notice, as required by Section 7-1-1 of Chapter 24 of the Illinois Revised Statutes, setting forth that Notice of said Annexation has been served upon the Bristol-Kendall Fire Protection District and the Kendall Township Highway Commissioner and Kendall Township Board of Trustees. -3- SECTION 6 : That this Ordinance shall take effect and be in full force and effect from and after its final passage and signing by the Mayor and its recording by the Recorder of Deeds of Kendall County, Illinois, as herein provided. PRESENTED this ,�,ti day of &.LQA I , A.D. 1981. rr 1 City Cl k PASSED this (�. - "_mot /� day of mac.-"`))) ti«� A.D. 1981. May STATE OF ILLINOIS SS COUNTY OF KENDALL I, LU ANNE ERICKSON , City Clerk of the UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois, do hereby certify that the foregoing is a true and correct copy of an Ordinance duly passed by the City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois, on the day of _ A.D. 1981 , and duly approved by the Mayor thereon o the /: ,( day of q _ A.D. 1981. I do further certify that said Ordinance was passed by the affirmative vote of a majority of the City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois, said vote having been taken by ayes and nays and entered on the records of the Corporate Authorities. I do further certify that I am the legal custodian of all papers, contracts, documents and records of said City. IN WITNESS WHEREOF my hand and official seal of the UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois , -4- Y/4 have been entered this day of _ C � � t A.D. 1981. C' City C erk -5- 114 _ STAAF ILL��vOIS SS COUNTY OF KENDALL : AFFIDAVIT LU ANNE J. ERICKSON, being first duly sworn on oath, deposes and states as follows: 1. That she is the City Clerk of the UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois. 2, That on the day of , ��r� / �! :�'� A.D. 1981, she caused to be served upon the Bristol-Kendall Fire Protection District the Notice of proposed Annexation, a copy of which is attached hereto and made a part hereof, and that said Notice was mailed to each of the Trustees of the Bristol- Kendall Fire Protection District, by certified mail , Return Receipt Requested, and was further served upon the Kendall Township Highway Commissioner and Trustees of Bristol Township, a copy of which is attached hereto and made a part hereof , and that said Notice was mailed certified mail, Return Receipt Re- quested. 3. That this Affidavit is made in compliance with Section 7-1-1 of Chapter 24, Illinois Revised Statutes. i LNNE J. ER KSON, City Clerk UNITED CITY OF THE VILLAGE OF YORKVILLE, Kendall County, Illinois Subscribed and Sworn to before me this __ day of 1 c� Z Not ' y Public: ��u 2;ice 9/ LAL -6- EXHI "B" REGAS & FREZADOS ATTORNEYS AT LAW III WEST WASHINGTON STREET CHICAGO, ILLINOIS 60602 JAMES A. REGAS COUNSEL PETER G. FREZADOS (312)236-4400 PHILIP E.HOWARD PETER L.REGAS DUANE J. O•CONNOR R. KYMN HARP July 27, 1981 REFER TO FILE NO. 8151 RE: Annexation pursuant to Preannexation Agreement Northwest corner of Illinois State Route No. 47 and U.S . Route No. 34 Dear Sir or Madame: Please be advised that on or about April 27, 1981, the First State Bank & Trust Company of Hanover Park, an Illinois banking corporation, not personally, but as Trustee under a Trust Agreement dated November 1, 1976, and known as Trust No. 333 (the owner) and Steve Syregelas, Lambrose Syregelas and Nicholas Syregelas, the beneficiaries under the said Trust referred to as the owner (the developer) filed with the City Clerk of the United City of the Village of Yorkville, . Illinois, a Petition to Annex a certain parcel of real estate consisting of approximately 3. 306 acres (4 . 311 acres including highways to be annexed) located on the Northwest corner of U.S. Route No. 34 and Illinois State Route No. 47 and legally described in Exhibit A attached hereto and by this reference made a part hereof, which Petition seeks to have the aforesaid real estate annexed to the United City of the Village of Yorkville, Illinois, pursuant to a certain Amended Annexation Agreement dated March 19, 1981, and effective April 9, 1981 which has previously been entered into between the United City of the Village of Yorkville, Illinois, and the aforesaid owner and developer. The annexation of the aforesaid parcel of real estate, pursuant to the terms of the said Amended Annexation Agreement, is scheduled to be con- sidered by the City Council for the United City of the Village of York- ville, Illinois, on August 13, 1981 . This notice is being given pursuant to Illinois Revised Statutes Chapter 24, Section 7-1-1. Should you have any questions concerning the foregoing matter, please feel free to contact the undersigned. V my yors , I � R. YMN HARP RKH:kb Enclosure R. KYMN HARP of the law firm of REGAS & FREZADOS, being first duly sworn, deposes and states that he is one of the attorneys for the owner and the developers as set forth in the letter attached hereto and that he caused the foregoing notice to be served upon each person named in the Service List attached hereto at the address set forth therein by mailing a true and correct copy of the letter and notice attached hereto to each of the said persons by certified mail, return receipt requested, postage prepaid this 27th day of July, 1981 , before the hour of 5 :00 o' clock p.m. by depositing the same in the United States mail at 111 West Washington Street, Chicago, Illinois 60602. R. IN ARP SUBSCRIBED AND SWORN TO BEFORE ME THIS 27th DAY OF JULY, 1981 . NOTARY PUBLIC t :l SERVICE LIST RE= Yorkville Annexation of the Northwest corner of Illinois State Route No. 47 and U.S. Route No. 34 1. Mr. Steve Bazan 9 , Filbey, Summers & Abolt, Bristol Township Trustee Good & Kiddoo Route 2 Yorkville Town Auditors Plano, Illinois 60505 2121 W. Galena Blvd. Aurora, Illinois 60506 2 . Mr. Simon Dickson 10 . Mr. Fred H. Dickson Bristol Township Trustee Yorkville City Attorney Route 1, Dixon Road Goldsmith, Thelin, Schiller Bristol, Illinois 60512 & Dickson P.O. 1485 3 . Mr. Dwayne Hayden Aurora, Illinois 60507 Bristol Township Trustee 308 Coten Yorkville, Illinois 60560 11. Mr. James A. Brant City Clerk Yorkville, Illinois 60560 4. Ms . Gladys Weident Bristol Township Trustee P.O. Box 92 Bristol, Illinois 60512 5. Mr. Vernon Ament Bristol-Kendall Fire District Trustee Route 2, Box 285 Fox Lawn Subdivision Yorkville, Illinois 60560 6 . Mr. Russell Devick Bristol-Kendall Fire District Trustee 211 E. Main Yorkville, Illinois 60560 7. Mr. Lloyd Wood Bristol Township Commissioner of Highways Bristol, Illinois 60561 8 . Ms . Mary Thomas Yorkville Municipal Library Trustee 310 E. Washington Yorkville, Illinois 60560