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Ordinance 1971-22 FHD:GKH r ORDINANCE ANNEXING PROPERTIES TO THE UNITED CITY OF THE VILLAGE OF YORKVILLE KENDALL COUNTY, ILLINOIS WHEREAS, JOHN G. CONOVER and ALICE V. CONOVER, his wife, and TER-JAC CONSTRUCTION COMPANY, INC. , an Illinois corporation, as record owners in fee simple of tracts of land contiguous to the United City of the Village of Yorkville of approximately 232 acres in size, have heretofore submitted an Annexation Agreement for annexation of the said property; and WHEREAS, the development and annexation of said land and the Annexation Agreement, a copy of which is attached hereto and made a part hereof, have been considered by the United City of the Village of Yorkville; and WHEREAS, the United City of the Village of Yorkville deems it to be in its best interests to expand, develop and annex the said lands described in said Annexation Agreement to the United City of the Village of Yorkville; and WHEREAS, by Resolution, the Mayor and Aldermen of the United City of the Village of Yorkville have executed a copy of said Annexation Agreement requiring annexation of said territory to the United City of the Village of Yorkville; and WHEREAS, the Petitioners have presented a Petition requesting the passage of an Ordinance annexing the said real estate to the United City of the Village of Yorkville, Kendall County, Illinois ; and WHEREAS, the Petitioners are the owners of record of said property and no other electors reside thereon; and WHEREAS, said Petition is under oath requesting the annexation of said property to the United City of the Village of Yorkville, Kendall County, Illinois, and in all respects is presented in accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code, being Chapter 24 of the Illinois Revised Statutes , 1969; and WHEREAS, upon investigation by the proper authorities of the United City of the Village of Yorkville, it has been ascertained that said Petition conforms in all respects to the requirements of the statutes and that the said property is contiguous to the United City of the Village of Yorkville and not within the corporate limits of any municipality; and WHEREAS, the statutes provide that upon proper 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 ; BE IT ORDAINED by the City Council of the United City of the Village of Yorkville, Kendall County, Illinois : Section 1. That the property legally described as follows be, and the same is hereby, annexed to the United City of the Village of Yorkville, Kendall County, Illinois : The properties described on Exhibits "A" and "B" , attached hereto and made a part hereof. Section 2 . That the City Limits of the United City of the Village of Yorkville be, and they are hereby, extended to include the territory hereby annexed to the United City of the Village of Yorkville, Kendall -2- County, Illinois , in accordance with the accurate maps attached hereto and marked Exhibits "H" and "I" . Section 3 . That the City Clerk of the United City of the Village of Yorkville be, and he 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 territory annexed, which map shall be certified as to its correctness . Section 4 . That within the properties described on Exhibits "A" and "B " the following properties be, and the same hereby are, zoned for multiple family usage: The properties described on Exhibits "C " , "D" and "E" , attached hereto and made a part hereof . Section 5 . That within the properties described on Exhibits "A" and "B" , the following properties be, and the same hereby are, zoned for commercial usage as B-2 General Business Usage: The north 400 feet of the property described on Exhibit "B`° and the properties described on Exhibits "F" and "G", attached hereto and made a part hereof. Section 6 . That all ordinances or portions of ordinances in conflict herewith be, and they are hereby, repealed insofar as such conflict exists . Section 7 . That this Ordinance shall take effect and be in full force and effect upon 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. -3- Presented to the City Council of the United City of Yorkville, Kendall County, Illinois , this day of June, 1971 . Passed by the City Council of the United City of the Village of Yorkville, Kendall County, Illinois , this u day of June, 1971. Signed by the Mayor of the United City of the Village of Yorkville, Kendall County, Illinois , this - day of June, 1971 . 1 Mayor ATTEST: 124:*LA C ty C-lerk -4- STATE OF ILLINOIS r* - r SS COUNTY OF KENDALL z CITY OF THE VILLAGE: OF YORKVILLE I, JAMES J. BRANT, City Clerk of the United City 'J of the Village of Yorkville, Kendall County, Illinois , do hereby certify that the annexed is a true copy of Ordinance No. passed by the United City of the Village of Yorkville at a Special Council Meeting held on the tenth day of June, 1971, to consider said annexation and that I am entrusted with the safe-keeping of the original Ordinance, which is on file in my office. WITNESS my hand and the corporate seal of the United City of the Village of Yorkville, Kendall County, Illinois , this tenth day of June, 1971. C Clerk of tde United City of he Village of Yorkville, Illinois (SEAL) STATE OF ILLINOIS t -1—f- 4 0 � KE^;UALL CUUNIY j S� 0' MICROFILMED='' f ILED FOR RECOR INDEXED e,t 4 i i!; ,. .,; 3 n RECORDER OR DEGDG . �d,�ca,. INdnd2i++11uWliNll� That pax* c-P sect►on s 1%ID „ - �_• � 1\Ja.'�.n,' .tea::��e 71 t,.::::'�: O,a. (..:C :�'lii:(:CG L�r;(•:iClpal C1r1Ci iarl, Cc^SC.:Li�C:d as oliow3 : CGi�i�,iGiiCir.g at 1 point o-- intcr::cCtion of t;:o oriclina 1 ccr.cer ROU-0 NO. 47 wit' true CC::L,-.0 T:ig:.way Route No. 34; lo'nce No t:'1 �e� 45 ° �aLit along t�1e aiorol„0111% .o::cu • 1 ' '1 'C(:rltl line 0:.: Stl"C Route -No. 47, 354 .�G yor c oin t o �cr,inn ing; ti-lence �ZOrt:. Las t. aa.C), the canter l:i.;:c Oi State a'1 1' c":1W,71 7, 2520 .3E foot; thonce Ia7arth 670 1369.50 yce' 66° k5 W..�.,. Nor'-, �;' (.hence Norte.. ttiYe�t 1.315 : eet; 0nco`'SGUtl. /.2° 55 ' P7ect 706 jl iJet; �'.nC3 .°�011��. :L+. ° �,L;'0 ' West x•18 ice'.; -ence I k. w. 'Souti: 270 25'' West 1%9 iect; thenco South 1,/0 ' 030 ' Gies-- 2''. ..reC.�; South 7° 20 ' Las;: vO11..h 31 45 ' 7:c-1vt l43 iCC.t; 55 ' L.il:i'G 3 ..1017 • :iCllltll %°, lr5 ' �tiYU:3t 1': /J.5G �;G(:i:; CC: 1 11 5 ' .:a u'4 .0.90 'nf cc'-,” . :;; �i'r�•I 53 -50 ,''. •� .i. , YYl ut fCc—!; -1-I cnCe South 530 40 ' Wc,,�- � •• 129 yv�a; tilei:C 3. south 3t3° 40 ' West iE.'Gt; '(".l10nCE South 3° S0 Wes t 131 erect; thenca South 260 . OG ' Last ,271.50 ,eet; ti:a::c0 ,South 25° 130" '0" 'Last J36.50' ..ec,.; W C.�.Cc SOUwZ 190 15 ' 5111 l:.CiS 1. ievt to c•.'1e 'center line of U. S. Lig:.way Route No. 34 wore:a" d; thence :Easterly •a long Said Cen ter line 2623 .x1 iaet 'to a pair;,- Ori S4EiiCi 1. • I,', ''. CEnte;.: 1inC 'V4_1J Ch :LS 349 .10 yCe"i. Westerly Oi -I-,C orl`g in.a l center Line Of State �;ig:.way Route NO. 47,1' as meal:Ju ed along the C,eni:eL said U. S. :.ig"rway Route No. 3,(,; en e:.,ce No::th 40 mast parallel t,Vith the 'Cen'ter l " 11e Gi ',- tv ...:.g..�V..1/ RGl1ta No. 47 uiOreSa:.•C� .355 .1E 1f."Get ' 1-7 7 GL:4 h ° 54 ' 11110'Lc.."'G 3 / �. enc� S 80 C 4 9 11 , eet tG ginnwng; low:.:;hi� of. Lzistol, Cour - I • ••�t�.. � .",.y,' ' 1� I•• 4 1 1 1 I , ,',l I /'1 ! i I( I.•I I�, J •�r l ' �I I ! 1 .. � i 1} /''f( 1 1./-y�/� ' 11 '1 r t v 11 � ,'' �k1 �✓ � / 1 II � 1�1 1 1 1 1 rt 1 I I 1 1 1 '�i ' 1••" I' � Y �1 1 ��, ` ' 1 � i� ,' 1 `. I -( � 1. .III !r i 1 1 ', 1 •, ', it ..r • ,. . •.I.. , •. 1.11•V.1.11 •tr•11t/"•1•/iVI(./1 �I.' I• '1.1•,1• . f/ •'.l.l .JI Jf Y. 4.11,.•f l�1.11•• 1...�.1. DEG LOGS �c ASSOCIA I CS CONSULTING CIVIL ENGINEERS �: LAND .SUrZVEYORS D L JOHN C. LOOS, F.E. SOX 225 125 S. RTE. 47 CHARLES E, D SUGAR GROVE, ILLINOIS 60554 312.466.4575 E GRA•=F •,•: n-r r �j GC •rt- r �,IT:'(` ii tS1t is fir. CNC� 20 : OWNSHI J� 1\Vi� 6i3y �I,%R i 1 i 41i• ri L.S 1 •IAL�}, �yL". 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SGv i a LL I ^{/�. 1'- f!� ff r V i '�CI^,D.P p t 3"j(� 'tv r' 1;�C . t•t•r 1 t, t^E 1'0i/\ 1 i02• ii 882,9 20 EAST i \v,l ••i, • v f•• • V!• �+L•1.7I L�4 ' - �.�I ^ C,'11i"1� OG'G i !C'Y 1- •�6.Ir p �1T I: BZ !',!° 1^ I t TN,! ,N � r y��Za ?.ti � , IG •,� . O'll. i G, �� �1..��\.1 �t1 . ,+,\ •�un1n .�s llriliS � iN Xci. TC�4N'Slotr•0 G SR STV1.y KENDALL COUNTY !LLIXViS• OUR v tii$ A�2Ii. 7 , 1971 DONAHUE and THORNHILL REGISTERED LAND SURVEYORS SUBDIVISION-INDUSTRIAL-FARMS TOPOGRAPHICAL-RESIDENTIAL-MORTGAGE CALCULATING-LEGAL DESCRIPTIONS-MAPPING RIGHT-OF-WAY 11 SOUTH SECOND STREET GENEVA, ILLINOIS 232-7418 April 7, 1971 . Legal descriptions of Parcels in "Countryside Center" in Yorkville, Illinois for Jack Purcell . PARCEL ONE _ MULTIPLE FAMILY USE: That part of the Southwest Quarter of Section 21 and that part of the Northwest Quarter of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian, described by commencing at the point of intersection of the original center line of State Highway Route No. 47, with the true center line of U. S. Highway Route No. 34; thence North 4045100" East along the original center line of said Route No . 47, 2875.20 feet for a point of beginning; thence South 4045 /00" West along the last described course 1270 .30 feet; thence North 85015100" West at right angles to the last described course 40. 00 feet to the present westerly right of way line of said Route No. 47; thence westerly along a curve to the left having a radius of 2700. 00 feet and whose tangent line bears North 83 015117" West from the last described point, an arc distance of 654.38 feet; thence northerly along a curve to the right having a radius of 650. 00 feet and whose tangent line bears North 7052152" West from the last described point, an arc distance of 272 . 88 feet; thence northerly along a curve to the left having a radius of 1851 . 63 feet and being tangent to the last described curve at the last described point, an arc distance of 508. 90 feet; thence northerly along a curve to the left having a radius of 650. 00 feet and being tangent to the last described curve to the last described point, an arc distance of 227. 78 feet; thence North 70 056149" East along a line which is radial to the last described curve, a distance of 249 . 11 feet; thence North 23007107" East 365. 46 feet to a line drawn North 67045100 " West from the point of begin- ning; thence South 67045100" East along said line /t ' � 391 . 94 feet to the point of beginning and containing 19. t97 acres in area, in the Township of Bristol , r DONAHUE and THORNI-iILL .REGISTERED LAND SURVEYORS SUBDIVISION-INDUSTRIAL-FARMS TOPOGRAPHICAL-RESIDENTIAL-MORTGAGE CALCULATING-LEGAL DESCRIPTIONS-MAPPING RIGHT-OF-WAY 11 SOUTH SECOND STREET GENEVA. ILLINOIS 232.7418 April 7, 1971. PARCEL FOUR — MULTIPLE FAMILY USE: That part of the Northwest Quarter of Section 28 and that part of the Northeast Quarter of Section 29, Township 37 North, Range 7 East of the Third Principal Meridian, described by commencing at the point of intersection. of the original center line of State Highway Route No. 47 with the true center line of U. S. Highway Route No . 34; thence westerly along the true center line of said Highway Route No . 34, 1047.35 feet; thence North 9052143" East at right angles to said center line, 38. 18 feet; thence northerly and northwesterly along a curve to the left having a radius of 1200. 00 feet and being tangent to the last described course at the last described point an arc distance of 512. 74 feet for a point of beginning; thence continuing northwest- erly along the last described curve , an arc distance of 325. 68 feet; thence North 30009 110" West tangent to the last described curve at the last described point, 399 . 00 feet; thence South 5905015011 West 69. 64 feet; thence southwesterly along a curve to the left having a radius of 1600. 00 feet and being tangent to the last described course at the last described point an arc distance of 485.30 feet; thence South 42028107" West tangent to the last described curve at the last described point, 89 . 93 feet; thence South 47021 121 " East 247. 41 feet; thence southeast- erly along a curve to the left having a radius of 500. 00 feet and being tangent to the last described course at the last described point, an arc distance of 492. 77 feet ; thence North 76010 137" East tangent to the last described curve at the last described point, 186. 74 feet to the point of beginning and containing 7. 730 acres in area, in the Township., of Bristol, Kendall County, 1 / inois. 7� DONAHUE and THORNHILL REGISTERED LAND SURVEYORS t \ SUBDIVISION-INDUSTRIAL-FARMS - TOPOGRAPHICAL-RESIDENTIAL-MORTGAGE CALCULATING-LEGAL DESCRIPTIONS-MAPPING RIGHT-OF-WAY 11 SOUTH SECOND STREET GENEVA, ILLINOIS 232.7413 May 11, 1971. PARCEL SIX — MULTIPLE FAMILY USE, SOUTHWESTERLY OF SCHOOL AND PARK SITE: That part of the Northeast Quarter of Section 29, Township 37 North, Range 7 East of the Third Principal Meridian, described by commencing at the point of intersection of the original center line of State Highway Route No. 47 with the true center line of U. S. Highway Route No. 34; thence westerly along the true center / ine of U. S. Highway Route No. 34, 2341. 16 fee t; thence North 72 002 t 17" West along the true center line of said Highway Route No. 34, 69.32 feet; thence North 17057143" East at right angles to said center line 50. 00 feet; thence North 7013129 " West 208. 27 feet; thence North 42038139" East 502. 73 feet for a point of beginning; thence North 4702112111 West at right angles to the last described course 64. 98 feet; thence northwesterly along a curve to the left having a radius of 1198. 69 feet and being tangent to the last described course at the last described point, an arc distance of 236. 71 feet; thence northwesterly along a curve to the right having a radius of 830.51 feet and being tangent to the last described curve at the last described point, an arc distance of 432.37 feet; thence South 63021114" 'Vest 246. 62 feet; thence South 26033154" East 201.44 feet; thence South 47 021 121 " East 625. 71 feet to a line drawn South 42038139" West from the point of beginning; thence North 42038139 " East along said line 298. 65 feet to the point of beginning, and con- taining 4.880 acres in area . 6A DOINA uL and TIIO,`\TRILL REGISTERED LAND SURVEYORS SUBDWISION-INDUSTRIAL-FARMS TOPOGRAPHICAL-RESIDENTIAL-MORTGAGE r CALCULATING-LEGAL DESCRIPTIONS-MAPPING RIGiiT•OF•WAY \ 11 SOUTH' SECOND STREET GENEVA, ILLINOIS 2:.274 i 8 May 10, 1971. PARCEL TWO — COMMERCIAL USE (MEP,CHANDI SI NG CENTER) That part of the Northwest Quarter of Section 28 and that part of the Northeast Quarter of Sec- tion 29, Township 37 North, Range 7 East of the Third Principal Meridian, described by commencing at the point of intersection of the original cen- ter line of State Highway Route No. 47 with the true center line of U. S. Highway Route No. 34; thence North 4 °45100 " East a long so id original center line of Sta to Route No. 47, 1604 . 90 feet; thence North 85 015100 " West at right angles to said center line 40. 00 feet to the present west- erly right of way I ine of said Route No. 47 for a point of beginning; thence South 85 015100 " East along the last described course 40. 00 feet to the center line of said Route No. 47; thence South 40 4510011 lest along said center line 1250. 00 feet; thence North 80 058111 " West 349. 11 feet; thence South 4 045100" West parallel with the center line of so id Route No. 47, 355. 10 feet to the true cen- ter l ine of U. S. Highway Route No. 34 , aforesaid; thence westerly along said center line 698.25 feet; thence North 9 052143 " East at right angles to said center / ine 38. 18 feet; thence northerly along a curve to the left having a radius of 1200. 00 feet and being tangent to the last described course at the last described point, an arc distance of 838. 42 feet; thence North 30°0911011 lest tangent to the last described curve at the last described point, a distance of 399. 00 feet; thence easterly along a curve to the right having a radius of 2700. 00 feet and whose long chord line bears North 80048109 " East, an arc distance of 1502 .58 feet to the point of beg inning and conta in ing 37. 996. acres in area, in the Township of Br is' o , Kendall County, Illinois. ��'Zt�/_c�' r DO\?�I�TJE and T. ` ':�?LL REGISTERED LAND SURVEYORS SUBDIVISION-INDUSTRIAL-FARMS TOPOGRAFii;CAL-RESIDENTIAL-MORTGAGE CALCULATING-LEGAL DESCRIPTIONS-MAPPING RIGHT-OF-WAY 11, SOL:T}- SECOND STREET GE NEVA. ILLINOIS `✓2-74'e April 7, 1971 . PART_' FIVE — MOTEL, P,ESTA UP,ANT AND SHOPPING SITE : That part of the Northwest Quarter of Section 28 and that part of the Northeast Quarter of Sec- tion 29, Township 37 North, Range 7 East of the Third Principal Meridian, described by commencing at the point of intersection of the original cen- ter line of State Highway Route No. 47 with the true center line of U. S. Highway Route No. 34 ; thence westerly along the true line of U. S. High- way Route; No. 34, 1047.35 feet for a point of be- ginning; thence North 9 052143" East at right angles to sa id true center / ine 38. 18 feet; thence north- erly along a curve to the left having a radius of 1200. 00 feet and being tangent to the lost describ- ed course at the last described point an arc dis- tance of 512. 74 feet; thence South 76010137" West 186. 74 feet; thence westerly and northwesterly a- long a curve to the right having a radius of 500. 00 feet and be ing tangent to the last described course at the last described point an arc distance of 492. 77 feet; thence North 47021121 " West tangent to the last described curve at the last described point , 464. 87 feet; thence South 42038f3911 West at right angles to the last described course 502. 73 feet; thence South 7013129" East 208. 27 feet to the northerly right of way line of said U. S. High- way Route No. 34; thence South 721)02117" East along said northerly right of way line 69.32 feet; thence South 17057143" West at right angles to said north- erly right of way line 50 . 00 feet to the center line of said Highway; thence southeasterly along said center line 1293. 81 feet to the point of be- ginning, and containing 15.583 acres in area, in the Township of 3ristol , Kendall County, Illinois. �' A � C)_7 FHD:GKH s , 1 PETITION FOR ANNEXATION TO: THE MAYOR AND ALDERMEN OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS: NOW COME your Petitioners, JOHN G. CONOVER and ALICE V. CONOVER, his wife, and respectfully represent unto this Honorable Body the following: (1) That JOHN G. CONOVER and ALICE V. CONOVER are the record owners of the territory described on Exhibit "A" attached hereto and made a part hereof, which is not within the corporate limits of any municipality but which is contiguous to the United City of the Village of Yorkville, as shown upon the said plat attached as Exhibit "A" ; that there are no electors residing within said territory. (2) That all of the record owners of the land described on Exhibit "A" are petitioners herein. (3) That your Petitioners, JOHN G. CONOVER and ALICE V. CONOVER, request that the City, by ordinance, annex the property described on Exhibit "A" . WHEREFORE, your Petitioners pray that the above described property be annexed to the United City of the Village of Yorkville . 5;;4 J hn G. Conover Alice V. Conover STATE OF ILLINOIS SS COUNTY OF KENDALL John G. Conover and Alice V. Conover, his wife, being first duly sworn on oath, depose and say that they have read the above and foregoing Petition for Annexation by them subscribed as record owners of contiguous territory to the United City of the Village of Yorkville, that they know the contents thereof and state that the same is true in substance and in fact. Subscribed and sworn to befor me this �-day of 1972 . Notary Public ANNEK7�TION AGREEMENT THIS AGREEMENT :Wade and entered into this �^ day of j Gib 1971, by and between the UNITED CITY OF THE VILLAGE OF YORKVILLE, ILLINOIS, a municipal corporation located in Kendall County, Illinois, hereinafter referred to as "City" , and JOHN G. CONOVER and ALICE V. CONOVER, his wife, and TER-JAC CONSTRUCTION COMPANY, INC. , an Illinois corporation, hereinafter collectively referred to as "Owners" , WITNESSETH: WHEREAS, the Owner, TER-JAC CONSTRUCTION COMPANY, INC. , owns approximately 225 acres of land, which land lies generally north of U. S. Highway Route No. 34, west of State Highway Route No. 47, east of Blackberry Creek and south of a farm in Bristol Township known as the Ralph Holderman farm, and which is more particularly described as follows: The property described on Exhibit "A", attached hereto and made a part hereof. WHEREAS, JOHN G. CONOVER and ALICE V. CONOVER are owners of 7 .83 acres of land contiguous to the Village, which lies generally north of the State of Illinois Game Farm, south of U. S. Highway Route No. 34, west of State Highway Route No. 47 and east of Game Farm Road, and which is more particularly described as follows : The property described on Exhibit "B" attached hereto and made a part hereof. WHEREAS , the Owners, JOHN G. CONOVER and ALICE V. CONOVER, are the owners of the land contiguous to and GOLDSMITH, DYER, THELIN & SCHILLER ATTORNEYS AT LAW ACHANTS NATIONAL BANK BLDG. AURORA, ILLINOIS 60504 AREA CODE 312-98fl.3300 west of the property described on Exhibit "B" and more parti- cularly described on Exhibit "C" ; and WHEREAS, the Owners are desirous of developing said property described on Exhibits "A1l and "B" for residential and commercial uses and assuring to themselves that the land owned by them can be used for said purposes if said land is annexed to said City; and WHEREAS, the Owners have presented, and the City has considered, the tracts described on Exhibits "A1l and "B" , heretofore described, as one general developmental area within the inter-relationship of single family, multiple family and commercial areas having been considered in order to make said properties a desirable addition to the City; and WHEREAS, the City is willing to annex the said land to the City and its Plan Commission and City Council have heretofore approved the proposed land use and the location of various uses at the request of the Owners; and WHEREAS, the City, as an additional inducement to the Owners, has agreed to amend its Ordinance concerning alcoholic liquors as passed April 21, 1970, and subsequently amended, to permit the issuance of three additional liquor licenses, to-wit: two retail class and one package class, and to issue the said three licenses to TER-JAC CONSTRUCTION COMPANY, INC. , owner, or to its designated nominee; and WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and conditions in this Agreement upon which the land heretofore described herein will be annexed to the City, said land being as described on Exhibits "A" -2- GOLDSMITH. DYER, THELIN & SCHILLER ATTORNEYS AT LAW .ERCHANTS NATIONAL BANK BLDG. AURORA, ILLINOIS 60504 AREA CODE 312�Bb9-3300 ti and "B", and also providing for the orderly development thereon; and WHEREAS, TER-JAC CONSTRUCTION COMPANY, INC- , c:::c• its representatives have discussed the proposed development and have had numerous public meetings with the Plan Commission and the City Council; and prior to the execution hereof, notice was duly published and a public hearing has been 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 provided in Chapter 24, Sections 11-15 .1-1 through 11-15 .1-5, Ill . Rev. Stat. , 1969, as follows : (1) That in the Ordinance annexing the property described herein on Exhibits "A" and "B" , the City shall zone, subject to the further terms of this Agreement, the following described parcels as herein set forth: (a) B-2 Business District General Retail zoning shall be granted to the following described properties: The properties described on Exhibits "D" and "E" attached hereto and made a part hereof, and, further, the north 400 feet of the property described on Exhibit "B" . (b) Multiple Apartment District zoning shall be granted to the following described property: '�'ri� �.ru��axk�y clF7t�or:ibE�t1 on GOLDSMITH, DYER, 'THELIN & SCHILLER -3- ATTORNEYS AT LAW MERCHANTS NATIONAL BANK BLDG. ,A;.JR,')RA., r„_L:NO1S 60504 AREA CODS 312-6683300 "G" and "H" attached hereto and made a part hereof. (c) Single Family Residential zoning shall, be granted to the following described property: The balance of the properties described on Exhibits "A" and "B" attached hereto, excepting therefrom the properties described on Exhibits "D" , "E", "F", "G" and "H" and the north 400 feet of the property described on Exhibit "B" . (2) That in connection with the development of the land to be zoned Single Family Residential, as hereinabove provided, the Owners shall comply with the provisions of the subdivision control ordinance and of the City in effect from time to time during the time of this Agreement. (3) That TER-JAC CONSTRUCTION COMPANY, INC. , shall lay water mains, at its initial expense, from the edge of the City as presently constituted to the properties described on Exhibit "A" , the same being two water mains of at least 8" in diameter; that all hook-up charges or tap-on fees collected by the City within three years from date of this Agreement collected for connections made within the properties described on Exhibits "A" , "B" and "C" be remitted to TER-JAC CONSTRUCTION COMPANY, INC. , as and for its expense in extending water mains to GOLDSMITH. DYER. THELIN & SCHILLER Ai iORNEYS AT LAW -4- MERCHANTS NATIONAL BANK BLDG. - AURORA. ILLINOIS 60504 AREA COOK 332-659-3300 the property described on Exhibit "A", toge-,_her with interest at the rate of 8% per annum. :dray hook-up charges collected by the City in excess of the cost of construction or the water main to the grope--ty described on Exhibit "A", together with interest at the rate of 8%, as aforc2 id, on the .nitiai cost thereof shall be retained by the City, regardless of when the sar.,e is collected. The City shall .lot be obligated to TER-. C CO�I3Ti2 CTTOi CO: R t INC or JOMN G. CONOVER or ALICE V. CONOVER for any cost of construction or laying water mains to the property described on Exhibit "A", together with interest thereon at the rate of E%, not collected by the City within three years from date of this Agree-aent, as aforesaid. (4) That the City shall sell to JOHN G. COINOVER and LICE V. CoiVOVE R, owners of the pro- pe;ties described on Exhibit "C", and the grantees, successors, assigns and personal representatives of the same for the property described on Exhibit "C", City water at the prevailing water rate Gs it fro. time to time exists for a -resident water purchaser within the City. (5) That subsequent to the execution of this Agreement, the Owners shall submit. a Petition for Annexation so that the property described herein can be annexed in accordance with the terms of this Agreement. (6) Owners shall conform and be subject to all ordinances, rules and regulations of the City which shall be in effect from time to time, unless specifically stated to the contrary herein. (7) That this Agreement shall be in full force and effect for a period of five years from and after its execution by the parties hereto and shall be and is binding upon the successors , executors, administrators and assigns of the respective parties . (8) That this Agreement is subject to and conditioned upon annexation of the properties described on Exhibit "A11 to the Yorkville- Bristol Sanitary District within three weeks from the date of annexation of the properties described aforesaid to the United City of the Village of Yorkville, it being further expressly understood by the parties hereto that should permission be denied to connect any properties described on Exhibits "A" and "B" to a sanitary main of the Yorkville-Bristol Sanitary District, then the owners , their successors, assigns and representatives of the same shall be GOLDSMITH, DYER. THELIN & SCHILLER ATTORNEYS AT LAW -6- MERCHANTS NATIONAL BANK BLDG. AURORA, ILLINOIS 60504 AREA CODE 312-BS9-3300 r; • P C: granted permission to install and operate a septic system for any single family lot within the properties described on Exhibits "A" and "B" . IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. UNITED CITY OF THE VILLAGE OF ATTEST: YORICVILLE, COUNTY, ILL. By: lerk Mayor erman P 1 r n Alderma Aldermal� �/ ) l Alderman Alder an TER-JAC CONSTRUCTION COMPANY, ATTEST: INC. , an I ll in corpora on �} By: Secr.e , iyV Pr osident phn G . Conover Alice V. Conover DY,F_F:. THEL!N & SCHILLf r< ATTORNEYS AT LAW MERCHANTS NATIONAL BANK BLOC, AURORA. ILLINUIS .;,1504 Af7EA COOS 97—NSia.l700 y t Y Z Z W w Fm div U) ° 0 � > Q — � c o oS _ Ln o W � � ° W a m `. �Ic4S. O -- - — LL W a 0 _ U' > 0 � �J w a N tiN 1 AREA TO BE ANNEXED PARCEL ONE : THAT PART OF THE WEST HALF OF SECTION 28 , TOWNSHIP 37 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN , DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER OF UNIT THREE , COUNTRYSIDE SUBDIVISION , A SUBDIVISION IN SECTION 29 , TOWNSHIP AND RANGE AFORESAID ; THENCE NORTH 88 . 20 ' EAST ALONG THE EXTENSION OF THE SOUTH LINE OF SAID UNIT THREE , 577 . 12 FEET FOR THE POINT OF BEGINNING ; THENCE SOUTH 1 ° 36 ' EAST 362 . 50 FEET ; THENCE NORTH 88 014 ' 15 " EAST 122 . 0 FEET ; THENCE NORTH 1 ' 36 ' WEST 60 . 0 FEET ; THENCE NORTH 88 . 14 ' 15 " EAST 143 : 95 FEET ; THENCE NORTH 1 ° 24 ' 15 " WEST 1415 . 57 7 FEET ; THENCE NORTH 3 ° 44 ' EAST 247 . 60 FEET TO THE CENTER LINE OF U . S . ROUTE 34 ; THENCE NORTH 86 . 16 ' WEST ALONG SAID CENTER LINE 185 . 0 m FEET ; THENCE SOUTH 3 ° 44 ' WEST 152 . 09 FEET ; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2259 . 0 FEET AND BEING TANGENT TO THE LAST DESCRIBED LINE AT THE LAST DESCRIBED POINT , A DISTANCE OF 202 . 56 FEET ; THENCE SOUTH 1 ° 24 ' 15 " EAST 1023 . 78 FEET TO A POINT NORTH 88 020 ' EAST FROM THE POINT OF BEGINNING ; THENCE SOUTH 88 ' 20 ' WEST TO THE POINT OF BEGINNING ; CONTAINING 7 . 83 ACRES ; IN THE TOWNSHIP OF BRISTOL , KENDALL COUNTY , ILLINOIS . PARCEL TWO : THAT PART OF THE WEST HALF OF SECTION 28 , TOWNSHIP 37 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN , DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER OF UNIT THREE , COUNTRYSIDE SUBDIVISION , A SUBDIVISION IN SECTION 29 , TOWNSHIP AND RANGE AFORESAID ; THENCE NORTH 88 ° 20 ' EAST ALONG THE EXTENSION OF THE SOUTH LINE OF SAID UNIT THREE , 577 . 12 FEET ; THENCE SOUTH 1 . 36 ' EAST 362 . 50 FEET ; THENCE NORTH 88 . 14 ' 15 " EAST 122 . 0 FEET FOR THE POINT OF BEGINNING ; THENCE NORTH 1 ° 36 ' WEST 60 . 0 FEET ; THENCE NORTH 88 ° 14 ' 15 " EAST 577 . 0 FEET MORE OR LESS TO THE EASTERLY LINE OF ILLINOIS ROUTE 47 ; THENCE SOUTHERLY ALONG SAID EASTERLY - LINE TO A LINE DRAWN NORTH 88 ° 14 ' 15 " EAST FROM THE POINT OF BEGINNING ; THENCE SOUTH 88 ° 14 ' 15 " Y • WEST 560 . 0 FEET MORE OR LESS TO THE POINT OF BEGINNING ; CONTAINING 0 . 78 ACRES MORE OR LESS ; IN THE TOWNSHIP OF BRISTOL , KENDALL COUNTY , ILLINOIS . WJ STATE OF ILLINOIS : SS V COUNTY OF K A N E : WE HEREBY CERTIFY THAT WE HAVE PREPARED _ , , Q THE ANNEXATION PLAT HEREON DRAWN . :7 DE GRAFF , LOOS b ASSOCIATES u r � 125 SOUTH ROUTE 47 Pe 0 * BOX 225 SUGAR GROVE , ILLINOIS 60554 f ILLINOIS REGISTERED LAAJ ASURVEYOR NO . 1532 MAY 79 1971 E,r T E,u.v� v vcJi T SUB,l1 �i I r o ,zzo ' V � I z / 4 / y♦ q �w w_W LZ ON Q C 1 VOL E e � ''' w- � ;, ,� +.� � ', � � fit .., C5 � R3 cf1 •` t'a a9 ".* tJ �3 I ro'tX IV +; 1 f IF 3 " t� �• " • 7 is . .. _ •.- f' ; s , / far stJ ''; . , . � _. .. ._ , ,• ,�, , s to �,.. �; U `vii If to to — w w! ' w: LQ ® t � V474 aa. W O la VON IT IN s irr �r+l �.• \ '� �. : ,X _._ _ F'�, �•1 'tom R? �3 � C14 tb 1. fa C �D 4 . (not IJ J 411111, f+ Qs 0 ,{ — p •ta+ �# 4f{ ptM3 �,i Cpaay�. I O a p 411111 11111, kit C o Cz `' M qs C. t7 v3 Ij o p ;IIIi fu 93 +. - C3 •» 41111, lo Li, 4IIIIo j. w � 11.yam p 6MV" . J Y/ YY �{ 0 `� •n�. Ry S Y ` i"*' w ' M t 0 � • ' � +. 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