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Ordinance 2013-52 ��1 '4f0G�1 �'�1E DE:EIBIE GILLETTE KENDALL COUNTY, IL RECORDED: 12/12/2814 8:46 AM ORDI: 79.88 RHSPS FEE: 18.88 PAGES: 34 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2013-52 ORDINANCE APPROVING AN ANNEXATION AGREEMENT (Priority Health and Body Makeover,Inc.) Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 27"'day of August, 2013 Prepared by and Return to: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on December 5,2014. i� Ordinance No.2013-� ORDINANCE APPROVING AN ANNEXATION AGREEMENT (Priority Health and Body Makeover, Inc.) WHEREAS, Castle Bank N.A., a Division of the First National Bank of Omaha is the Owner (the "Owner") of a certain tract of property comprising 1.4573 acres legally described and identified in the Petition for Annexation, which is attached hereto (the "Property") which Property is contiguous to the corporate limits of the City; and, WHEREAS, the United City of Yorkville, Kendall County, Illinois, is a duly organized and validly existing non-home-rule municipality created in accordance with the Constitution of the State of Illinois off 1970 and the laws of the State; and, WHEREAS, the Owner and Priority Health and Body Makeover, Inc. (the "Developer") desire to annex the Property into the City for the purposes of developing a medical office building; and, WHEREAS, Owner and Developer have requested that the Property be zoned B-2 General Business District under the provisions of the City Zoning Ordinance ("Zoning Ordinance") in order to proceed with said development; and, WHEREAS, the City, the Owner and the Developer desire to proceed as requested in accordance with the terms and conditions as set forth in the Annexation Agreement attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Annexation Agreement by and among the United City of Yorkville, Castle Bank, N.A., Omaha and Priority Health and Body Makeover, Inc., is hereby approved and the Mayor and City Clerk are hereby authorized to execute and deliver said Agreement. Ordinance No. 2013-501 Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of ' 2013. CITY- CLER ROSE ANN SPEARS DIANE TEELING 1, KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO JOEL FRIEDERS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of DECE M 66e 20j. MA OR Ordinance No. 2013-J�aZ Page 3 Legal Description THAT PART OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 63 OF UNIT SIX, COUNTRYSIDE SUBDIVISION; THENCE NORTH 01 DEGREES 24 MINUTES 15 SECONDS WEST ALONG THE EAST LINE OF SAID UNIT SIX, A DISTANCE OF 178.69 FEET; THENCE NORTH 88 DEGREES 30 MINUTES 45 SECONDS EAST 382.91 FEET TO THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE NO. 47 AS DESCRIBED BY ORDER VESTING TITLE PER DOCUMENT NO. 201200000538; THENCE SOUTHWESTERLY ALONG SAID WEST RIGHT OF WAY LINE HAVING A RADIUS OF 749.89 FEET, A DISTANCE OF 190.37 FEET, WHOSE CHORD BEARS SOUTH 18 DEGREES 15 MINUTES 43 SECONDS WEST 189.84 FEET TO A LINE DRAWN NORTH 88 DEGREES 30 MINUTES 45 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 30 MINUTES 45 SECONDS WEST 318.94 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP AND THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PIN#02-28-303-019; 02-28-303-020 STATE OF ILLINOIS ) COUNTY OF KENDALL ) ANNEXATION AGREEMENT THI ANN XATION AGREEMENT ("Agreement"), is made and entered into as of the ����jj K44 �?j"lday of , 2013, by and between CASTLE BANK lit,, A DIVISION OF FIRST NATIONAL BANK OF OMAHA (the "OWNER"), PRIORITY HEALTH AND BODY MAKEOVER INC. (the "DEVELOPER") and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois(the"CITY")by and through its Mayor and City Council (the "Corporate Authorities"). WITNESSETH: WHEREAS, the OWNER is the owner of a certain tract of property comprising 1.4573 acres legally described and identified in the Petition for Annexation, which is attached hereto as Exhibit A, (the "PROPERTY") which exhibit is made a part hereof and which real estate is contiguous to the corporate limits of the CITY; and, WHEREAS, the DEVELOPER is the contract purchaser and desires to annex the PROPERTY to the CITY for the purposes of developing a medical office building; and, WHEREAS, OWNER and DEVELOPER request that the SUBJECT PROPERTY be zoned B-2 General Business District under the provisions of the City Zoning Ordinance ("Zoning Ordinance"). WHEREAS, OWNER and DEVELOPER desire to proceed with the development thereof for medical office building use in accordance with the terms and provisions of this Agreement. 1 WHEREAS, OWNER and DEVELOPER desire and propose pursuant to the provisions and regulations applicable to the B-2 General Business District of the Yorkville Zoning Ordinance; and, WHEREAS, it is the desire of the parties that the development and use of the PROPERTY proceed in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. WHEREAS, public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning on July 10, 2013 and the Corporate Authorities conducted the public hearing on this Agreement on July 23, 2013. WHEREAS, all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code regarding matters in this Agreement have been given. WHEREAS, The Corporate Authorities, after due and careful consideration, have concluded that the execution of this Agreement and the rezoning and development of the PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein,the parties hereto agree as follows: 1. LEGAL CONFORMANCE WITH LAW This Agreement is made pursuant to and in accordance with the provisions of Section 11-15.1-1 of the Illinois Municipal Code (65 ILCS 5/11-15.1-1 et seq.) and the CITY ordinances, as amended from time to time. The above whereas clauses are hereby made a part of this Agreement by incorporation into this paragraph. 2. AGREEMENT: COMPLIANCE AND VALIDITY The OWNER has filed with the City Clerk a proper petition, Exhibit A, conditioned on the execution of this Agreement and the compliance with the terms and provisions contained herein, 2 to annex the PROPERTY to the CITY. It is understood and agreed that this Agreement in its entirety, together with the aforesaid petition for annexation, shall be null, void and of no force and effect unless the PROPERTY is validly annexed to the CITY and is validly zoned and classified in the B-2 General Business District as contemplated in this Agreement. 3. ENACTMENT OF ANNEXATION ORDINANCE The Corporate Authorities within 21 days of the execution of this Agreement by the CITY will enact a valid and binding ordinance (the "Annexation Ordinance") annexing the PROPERTY to the CITY. Said Annexation Ordinance shall be recorded with the Kendall County Recorder's Office along with the Plat of Annexation, attached hereto and made a part hereof as Exhibit B. Recordation shall take place no more than 30 days after enactment of the Annexation Ordinance. 4. ENACTMENT OF ZONING ORDINANCE Within 21 days after the passage of the Annexation Ordinance, the Corporate Authorities shall adopt a valid and binding ordinance zoning the PROPERTY in the B-2 General Business District subject to the restrictions further contained herein and all applicable ordinance of the CITY as amended from time to time. 5. COMPLIANCE WITH APPLICABLE ORDINANCES The OWNER and DEVELOPER agree to comply with all ordinance of the CITY as amended from time to time in the development of the PROPERTY, provided that all new ordinances, amendments, rules and regulations relating to zoning, building and subdivision of land adopted after the date of this Agreement shall not be arbitrarily or discriminatorily applied to the PROPERTY but shall be equally applicable to all property similarly zoned and situated to the extent possible. 6. PERMIT FEES Permit fees may be increased from time to time so long as said permit fees are applied consistently to all other developments in the CITY to the extent possible. 3 7. CONTRIBUTIONS The CITY shall not require the OWNER or DEVELOPER to donate any land or money to the CITY, or any other governmental body, since the Property is being used for business purposes. Except as otherwise provided in this Agreement, the CITY shall not require that any part of the PROPERTY be dedicated for public purposes including the exercise of the authority granted in Section 5/11-12-8 of the Illinois Compiled Statutes (65 ILCS 5/11-12-8). 8. MASS GRADING AND PREPARATION OF PROPERTY FOR DEVELOPMENT The DEVELOPER shall, at its own risk, have the right, prior to obtaining approval of final engineering drawings and prior to approval of a Building Permit being issued,to undertake: mass grading work, stormwater detention, filling and soil stockpiling on the property in preparation for the development of the property upon city approval of a grading plan and soil erosion plan, and compliance with all other items required by the city's Stormwater Management Ordinance. 9. DEVELOPMENT MARKETING SIGNAGE DEVELOPER may install and maintain one (1) illuminated double-faced four (4') foot by twelve (12') foot sign at the front of the Property contiguous to Illinois Route 47 until a certificate of occupancy is issued for the medical building on this PROPERTY. 10. OVERSIZING OF IMPROVEMENTS In the event oversizing, deepening, or the location of public improvements is hereafter requested and properly authorized by the CITY for the purpose of serving property other than the PROPERTY, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 11 hereof, with DEVELOPER providing for the payment of the cost of such oversizing, deepening or location by the OWNER of properties benefited by the same. The improvements which qualify as benefited properties shall be identified prior to the United City of Yorkville issuing a building permit for the Property. 11. RECAPTURE AGREEMENTS A. Benefiting the PROPERTY. 4 The CITY agrees that in accordance with Section I I-12-8 of the Illinois Compiled Statutes, (65 ILCS 5/11-12-8), the CITY shall enter into recapture agreements with the OWNER and DEVELOPER for a portion of the costs of certain public improvements constructed by OWNER and DEVELOPER which the CITY has determined may be used for the benefit of property (the "Benefited Properties") not located within the PROPERTY which will connect to and/or utilize said public improvements. B. Encumbering the PROPERTY. Pursuant to a written Easement Agreement previously entered into by the prior Owner of the Property and the CITY, it is anticipated that the CITY would cause sanitary sewer service to be extended westerly across Route 47 from a manhole that is currently located in or near the Right- of-Way of Walnut Street and State Route 47 on the east side of State Route 47 at the expense of the CITY. It was further anticipated that the CITY would extend that sanitary sewer main north to service not only the PROPERTY but additional property to the north of the PROPERTY on the west side of Route 47 that currently lacks sanitary sewer service. OWNER and DEVELOPER understand that the CITY shall have a right to require as part of this Agreement a recapture as to a proportionate share of the cost of said sanitary sewer extension. 12. ONSITE EASEMENTS AND IMPROVEMENTS In the event that during the development of the PROPERTY, DEVELOPER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of DEVELOPER's obligation for the PROPERTY in accordance with this Agreement and City Ordinances, the CITY shall fully cooperate with DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the DEVELOPER. If any easement granted to the CITY as a part of the development of the PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the PROPERTY, the CITY shall fully cooperate with the DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, the DEVELOPER shall pay 5 for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. The CITY agrees to assist the DEVELOPER to obtain necessary easements and Illinois Department of Transportation Permits to construct said improvements. 13. CONFLICT IN REGULATIONS The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 14. GENERAL PROVISIONS A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNER and DEVELOPER, and the CITY. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. 6 D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested,postage prepaid, addressed as follows: (I) If to OWNER: Castle Bank I$A. PA- 109 W. Veterans Parkway Yorkville, IL 60560 DEVELOPER: Priority Health&Body Inc. 201 E. Veterans Parkway Yorkville, IL 60560 with copies to: Attorney Daniel J. Kramer 1107A S. Bridge Street Yorkville, IL 60560 Fax: (630) 553-5764 (II) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-7575 with a copy to: Kathleen Field Orr 53 West Jackson Blvd. Suite 964 Chicago, IL 60604 Fax: (312) 382-2127 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNER and DEVELOPER 7 shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the PROPERTY. F. Agreement_ This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the PROPERTY not affected by such amendment. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER and DEVELOPER to sell or convey all or any portion of the PROPERTY, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER and DEVELOPER, and their successors or assigns, to develop the PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. 1. Term of Agreement. The term of this Agreement shall be twenty (20)years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER or OWNER. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. 8 K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNER and DEVELOPER's expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same document. N. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto O. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the PROPERTY, the CITY, the DEVELOPER and OWNER, including, but not limited to, county, state or federal regulatory bodies. Signature Page follows 9 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: _ _Xtu or ►d 01 � Attest: City Clerk 10 DEVELOPER: PRIORITY HE H AN BODY INC. AN IL IS C RP TIO By: ✓ /, Dated: aio CONSENT TO ANNEXATION AGREEMENT NOW COMES CASTLE BANK A DIVISION OF FIRST NATIONAL BANK OF OMAHA the OWNER of the Real Property described in the attached Annexation Petition generally located on the west of Route 47, and adjacent to the limits of the United City of Yorkville and legally described in the attached Annexation Petition, and the undersigned authorized representative thereof being duly sworn on oath states and alleges as follows: 1. That the Real Property described in the attached Annexation Petition is owned by Castle Bank, a division of First National Bank of Omaha. 2. That no electors reside thereon. 3. That the subject Real Property described in the attached annexation petition is not located within any flood plain nor the Village boundaries of any other Illinois Municipality. 4. That the Real Property described in the attached Annexation Petition is contiguous to the corporate limits of the United City of Yorkville. 5. That the undersigned on behalf of Castle Bank, a division of the First National Bank of Omaha hereby consents to the Annexation Petition being filed herein and requests the City to approve said Annexation Petition. STATE OF ILLINOIS ) COUNTY OF KENDALL ) ASSIGNMENT OF ANNEXATION AGREEMENT NOW COMES CASTLE BANK A DIVISION OF FIRST NATIONAL BANK OF OMAHA as OWNER of Real Property described in the attached Exhibit"A"which does irrevocably assign all of its rights to the and interest in an Annexation Agreement with the United City of Yorkville to RAIN BARREL DEVELOPMENT, LLC which does hereby assume all duties, obligations, and rights hereunder. CASTLE BANK A DIVISION OF FIRST NATIONAL BANK OF OMAHA BY: STATE OF ILLINOIS ) COUNTY OF KENDALL ) ASSIGNMENT OF ANNEXATION AGREEMENT NOW COMES RAIN BARREL DEVELOPMENT, LLC as OWNER of Real Property described in the attached Exhibit"A"which does irrevocably assign all of its rights to the and interest in an Annexation Agreement with the United City of Yorkville to CASTLE BANK A DIVISION OF FIRST NATIONAL BANK OF OMAHA AS TRUSTEE OF TRUST#2859 which does hereby assume all duties, obligations, and rights hereunder. RAIN BA EV LLC BY: Jason esola, Manager Dated: November 11, 2014 OWNER: P-At— CASTLE BANK ., A DIVISION OF FIRST NATIONAL BANK OF OMAHA AS TRUSTEE OF TRUST#2859 By: visor 1 �(-Uvi'ces Dated: Af /,�f EXCULPATORY RIDER This instrument is executed by Castle Bank, a division of First National Bank of Omaha, as Trustee under the provisions of a Trust Agreement dated 19.4/9014 and known as Trust No. 9859 and not personally, but solely as Trustee aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee. This instrument is executed and delivered by the Trust solely in the exercise of the powers expressly conferred upon the Trustee under the Trust and upon the written direction of the beneficiaries and/or holders of the power of direction of said Trust and Castle Bank, a division of First National Bank of Omaha, warrants that it possesses full power and authority to execute this instrument. It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the representations, warranties, covenants, undertakings and agreements herein made on the part of the trustee while in form purporting to be the said representations, warranties, covenants, undertakings and agreements of said Trustee are each and every one of them not made with the intention of binding Castle Bank, a division of First National Bank of Omaha, in its individual capacity, but are made and intended solely for the purpose of binding only that portion of the Trust Property specifically described herein. No personal liability or personal responsibility is assumed by or nor shall at any time be asserted or enforceable against Castle Bank, a division of First National Bank of Omaha, on account of any representations, warranties, (including but not limited to any representations and/or warranties in regards to potential and/or existent Hazardous Waste) covenants, undertakings and agreements contained in the instrument, (including but not limited to any indebtedness accruing plus interest hereunder) either express or implied or arising in any way out of the transaction in connection with which this instrument is executed, all such personal liability or responsibility, if any, being expressly waived and released, and any liability (including any and all liability for any violation under the Federal and/or state Environmental or Hazardous Waste laws) hereunder being specifically limited to the Trust assets, if any, securing this instrument. Any provision of this instrument referring to a right of any person to be indemnified or held harmless, or reimbursed by the Trustee for any costs, claims, losses, fines, penalties, damages, costs of any nature including attorney's fees and expenses, arising in any way out of the execution of this instrument or in connection thereto are expressly waived and released by all parties to and parties claiming, under this instrument. Any person claiming or any provision of this instrument referring to a right to be held harmless,indemnified or reimbursed for any and all costs,losses and expenses of any nature, in connection with the execution of this instrument, shall be construed as only a right of redemption out of the assets of the Trust. Notwithstanding anything in this instrument contained, in the event of any conflict between the body of this exoneration and the body of this instrument, the provisions of this paragraph shall control. Trustee being fully exempted; nothing herein contained shall limit the right of any party to enforce the personal liability of any other party to this instrument. J:\Land Trust-Forms\Exculpatory Rider 9-30-10.doc Exhibit A Petition for Annexation C'T O J •ct EST. 1838 ■..a.0 co.mr ` ALE ��V n Ain United City of Yorkville :,A 800 Game Farm Road . Yorkville, :Illinois 60560 CDiVirvtu,v,,, Telephone: 630-553-4350 DEPARTMENT Fax: 630-553-3436 APPLICATION FOR ANNEXATION. Local government has the authority to expand its boundaries by annexing unincorporated lands that are contiguous to their corporate limits.According to state law, all newly annexed land is automatically zoned to the most restrictive classification under the city's zoning ordinance, or R-1 One-Family Residence District. Therefore,all voluntary petitions for annexation requesting a zoning classification other than R-1 One-Family Residence District and seeking to enter into an annexation agreement with the city which specifies the desired zoning and other contractual approvals (i.e., amendments to zoning ordinance, variances, building codes, development impacts and contributions, etc.) that will affect the property and successor owners requires a public hearing before the City Council. This packet explains the process to successfully submit and complete anApplieation forAnnexation.It includes a detailed description of the process and the actual application itself(Pages 6 to 9). Please type the required information in the application on your computer. The application will need to be printed and signed by the applicant.The only item that needs to be submitted to the city from this packet is the application.The rest of the packet is to help guide you through the process unto completion. For a complete explanation of what is legally required throughout the Annexation process,please refer to"Title 10, Chapter 4, Section 10 Annexations"of the Yorkville, Illinois City Code. __j 1 Step 1. Application Procedure �Tr-qcc'durieflow Chart Submit Apghbation,Fees,and Elll Pertinent Information to the: v Community Development Department 1 } I Step rPlanCounclbReviev✓ ` j {Meets 2nd and'4th Thursd"ay'of the rnoi�th} , S .City Council Public Hearing (2nd and 4,th Tuesday offh". .Vlonfh) 2 Application ProccdLICC Application Submital The following must be submitted to the Community Development Department: • 2 original signed applications with legal description. • 5 copies each of the application and exhibits, proposed drawings, location map, and site plan. Large items must be folded to fit in a 10"x 13"envelope. • Appropriate filing fee. (See attached Fee Sheet on page 5) • 1 CD containing an electronic copy (pdf) of each of the signed application (complete with exhibit),proposed drawings, location map,and site plan. A Microsoft Word document with the legal description is required on the CD. Within one (1)week of submittal,the Community Development Department will determine if the application is complete or if additional information is needed. These materials must be submitted a minimum of 45 days prior to the targeted Plan Commission meeting. An incomplete submittal could delay the scheduling of the project. Applicant will be responsible for payment of recording fees and public hearing costs, including written transcripts of the public hearing and outside consultant costs(i.e.legal review,land planner,zoning coordinator, environmental,etc.). The applicant will be required to establish a deposit account with the city to cover these fees. The Petitioner Deposit Account/Acknowledgernent of Financial Responsibility form is attached to this document and must be submitted with the application. Step 21 Plan Council Applicant must present the proposed annexation request to the Plan Council. The Plan Council meets on the 2nd and 4th Thursday of the month. The members of the Council include the Community Development Director,City Engineer,the Building Department Official,the Public Works Director,the Director of Parks and Recreation,a Fire Department Representative,and a Police Department Representative. Upon recommendation by the Plan Council,applicant will move forward to the Plan Commission hearing. City Council Applicant will attend the City Council public hearing where the recommendation of the annexation will be considered. The City Council meets on the 2nd and 4th Tuesdays of the month at 7:00pm. Notice will be placed in the Kendall County Record by the United City of Yorkville. The applicant is responsible for sending certified public hearing notices to adjacent property owners within 500 feet of the subject property no less than 15 days and no more than 30 days prior to the public hearing date. Twenty Four(24)hours prior to the public hearing, a certified affidavit must be filed by the applicant with the Community Development Department containing the names,addresses and permanent parcel numbers of all parties that were notified. City Council will make the final approval of the annexation request. 3 Application P1-0CQdL11-C The Community Development Director shall determine if an application meets or fails to meet the requirements stated above. If the Director determines that the application is incomplete it will become dormant under these circumstances: • The applicant has been notified of such deficiencies and has not responded or provided a time line for completing the application within ninety(90)days from the time of notification. • The applicant has not responded in writing to a request for information or documentation from the initial plan commission review within six(6)months from the date of that request. • The applicant has not responded to a request for legal or engineering deposit replenishment for city incurred costs and fees within ninety(90)days from the date of the request. If the Community Development Director has sent the required notice and the applicant has not withdrawn their application or brought it into compliance,then the director shall terminate the application.After termination, the application shall not be reconsidered except after the filing of a completely new application. Withdrawal or termination of an application shall not affect the applicant's responsibility for payment of any costs and fees,or any other outstanding debt owed to the city.The balance of any funds deposited with the city that is not needed to pay for costs and fees shall be returned to the applicant. (Ord. 2011-34, 7-26-2011) 4 CEO eiTy United City of Yorkville 52, . T 800 Game Farm Road Yorkville,Illinois 60560 ESL yam Telephone: 630-553-4350 y Fax: 630-553-7575 INVOICE&WORKSHEET <« �~ PETITION APPLICATION CONTACT: DEVELOPMENT/PROPERTY: Acreage: Date: Concept Plan Review: [J Yes ((No $ Engineering Plan Review Deposit of$500 due Amendment: [)Yes [J No $ $500.00 Fee due for each: (Annexation) (Plan) (Plat) (PUD) Annexation: I J Yes I J No $ $250.00,plus$10/acre for each acre over 5. #of acres: -5= x$10= +$250 Rezoning: I J Yes (J No $ $200.00,plus$10/acre for each acre over 5. #of acres: -5= x$10= +$200 If annexing and rezoning,charge only l per acre fee. If rezoning to a PUD,charge PUD Development Fee-not Rezoning Fee, Special Use: (I Yes ()No $ $250.00,plus$10/acre for each acre over 5. #of acres: -5= x$10= +S250 Zoning Variance: $85.00 [J Yes ([No $ Outside Consultants deposit of$500.00 due Preliminary Plan Fee: $500.00 (J Yes ((No $ P.U.D.Fee: $500.00 (J Yes ((No $ Final Plat Fee: $500.00 ((Yes J J No $ Engineering Plan Review Deposit: [(Yes I]No $ [)Less than 1 acre=$1,000 due [J Over I acre and less than 10 acres=$2,500 due [J Over 10 acres and less than 40 acres=$5,000 due (]Over 40 acres and less than 100 acres=$10,000 due ((Over 100 acres=$20,000 due Outside Consultants Deposit: [(Yes (l No $ Legal,Land Planner,Zoning Coordinator,Environmental Services Annexation,Subdivision.Rezoning,and Special Use_: [(Less than 2 acres=$1,000 due ((Over 2 acres and less than 10 acres=$2,500 due I(Over 10 acres=$5,000 due i'OTAL AMOUNT 1)UE: 5 WoW D Druc/Der.Dep.APO/Fee sheet w►st 5 X r. ° i � �J S.h d cT " �k rRy i;nH r$ i r. G'1# - a +.L"3' N r i , $ ✓ • S. a, x Y .a r.z ti• f t-t r -. DevelprhenyyltainC,le f t `s a� `7 V.ff ,4.ti..yu � h.k r.4.. J ..Pt�Y )5 sits,t q r:_Applicant InfOrniation Name ofApplicant(s) I Priority Health and Body Makeover, Inc. Business Address 1201 E. Veterans Parkway _ City I Yorkville State I IL ZIP 160560 Business Phone 309-737-9298 Business Fax Business Cell Business E-mail priorityhealthin@gmaii.com r Name of Holder of Legal Title Castle Bank, a Division of First National Bank of Omaha If Legal Title is held by a Land Trust, list the names of all holders of any beneficial interest therein: Property Street Address 1121 Lincoln Highway, DeKalb, IL 60115 Description of Property's Physical Location West side of Route 47(south and adjacent to Sunset Hotel) Zoning and Land Use of Surrounding Parcels North B-3 Service District East B-3 Service District South B-3 Service District West City Current Zoning Classification I Kendall County Kendall County Parcel Number(s)of Property 02-28-303-019 02-28-303-020 6 Additional Contact hil'ormatIMI Attorney Name I Daniel J. Kramer Address I 1107A South Bridge Street City IYorkville State JIL ZIP 60560 Phone 630-553-9500 ] Fax 630-553-5764 E-mail colleen.hanson @att.net Engineer Name Address City State ^--�ZIP Phonel I Fax E-mail Land Planner/Surveyor Name Ron Bauer Address 14 West Main Street City I Plano State I IL ZIP 60545 Phone 630-552-7452 Fax 630-552-7702 E-mail ron @rb-associates.net Applicant must attach a legal description of the property to this application and title it as"Exhibit A". Applicant must list the names and addresses of any adjoining or contiguous landowners within 500 feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as"Exhibit B". 7 Application For Annexation I verity that all the information in this application is true to the best of my knowledge. 1.understand and accept all requirements and fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. I understand all of the information presented in this document and understand that if an application becomes dormant it is through my own fault and I must therefore follow the requirements outlined above. Applicant Signature �- Date NC A1rth0 '� THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE IN THE SPACE BELOW: "OFFICIAL SEAL" COLLEEN HANSON NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES 10/20/2015 8 CONSENT TO ANNEXATION AGREEMENT NOW COMES CASTLE BANK A DIVISION OF FIRST NATIONAL BANK OF OMAHA the OWNER of the Real Property described in the attached Annexation Petition generally located on the west of Route 47,and adjacent to the limits of the United City of Yorkville and legally described in the attached Annexation Petition,and the undersigned authorized representative thereof being duly sworn on oath states and alleges as follows: 1. That the Real Property described in the attached Annexation Petition is owned by Castle Bank,a division of First National Bank of Omaha. 2. That no electors reside thereon. 3. That the subject Real Property described in the attached annexation petition is not located within any flood plain nor the Village boundaries of any other Illinois Municipality. 4. That the Real Property described in the attached Annexation Petition is contiguous to the corporate limits of the United City of Yorkville. 5. That the undersigned on behalf of Castle Bank,a division of the First National Bank of Omaha hereby consents to the Annexation Petition being filed herein and requests the City to approve said Annexation Petition. Castle Bank,a Division of First National Bank of Omaha By: Authorized Representati e Verification: Subscribed and sworn to before me, ✓J ,2013. Vid- Notary Public "OFFICIAL SEAL' UMA K TSWERMNKA Notary Pubic,state or IN* Ny eoeaMion 55ra November 15,2016 EXHIBIT "A" Legal Description- THAT PART OF THE SOUTHWEST MERIDIAN BEING QUARTER OF SECTION 28,TOWNSHIP DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 63 OF UNIT SIX,COUNTRYSIDE SAID SUBDIVISION;THENCE NORTH 01 DEGREES 24 MINUTES 13 SECONDSWEST gftONG THE EAST LINE OF IT OF 178.68 FEET;THENCE ANGE 7 EAST OF THE THIRD PRINCIPAL ILLINOIS ROUTE NO AS DESCRIBDEGREES RDER VESTING TI SECONDS EAST DOCI;Unq }T N0.201200 ALONG SAID WEST RIGHT OF WAY LINE HAVING A RADIUS OF 749 89 FEET A DISTANCE 01 190.37 FEET THENCE SIX,A DISTANCE 362.91 FEET TO THE WEST RIGHT OF WAY LINE OF SOUTH 18 DEGREES 15 MINUTES 43 SECONDS W SECONDS EAST FROM THE POINT OF BE6INN 000338;THENCE SOUTHWESTERLY THE POINT OF BEGINNING,IN BRISTOL TOWNSHIP ANp THE UNIT EDO ITY OFDORKVI N ERTH 88 DEGREES 30 MINUTES 45 NVG;THENCE SOUTH 8B DEGREES 30 MINUTES 45 SECONDS WEST 3 8.94 FEET TO KENDgLL COUNTY,ILLINOIS. L Exhibit B Plat of Annexation PLAT OF ANNEXATION 4 i OF THAT PART Or THE SOUTHWEST QUARTER OF SECTION 28,TOWNSHIP 37 NORTH,RANGE 7 EASTOF THE THIRD PRINCIPAL MERIDIAN.BEING DESCRIBED AS FOLLOWS::BEGINNING AT THE SOUTHEAST CORNER OF LOT 83 OF UNIT SIX,COUNTRYSIDE SUBDIVISION;THENCE NORTH 01 DEGREES 24 MINUTES i5 SECONDS 'WEST ALONG THE EAST LINE OF SAID UNIT SD(,A DISTANCE OF 178.69c FEET;THENCE NORTH 88 DEGREES 30. MINUTES 45 SECONDS EAST 382.91 FEET TO THE.WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE NO.47 AS - - DESCRIBED BY ORDER VESTING TITLE PER DOCUMENT NO.2012000D05W;THENCE SOUTHWESTERLY ALONG is SAID WEST RIGHT OF WAY LINE HAVING A RADIUS OF 749.89 FEET,A DISTANCE OF 190.37 FEET;WHOSE CHORD BEARS SOUTH 18 DEGREES 15 MINUTES 43 SECONDS WEST 1B9.84 FEET TO A LINE DRAWN NORTH 88 DEGREES 30 MINUTES 46 SECONDS EAST FROM THE POINT OF BEGINNING;THENCE SOUTH 88 DEGREES 30. MINUTES 45 SECONDS:WEST 318.94 FEET TO THE POINT OF BEGINNING,IN BRISTOLTOWNSHIP AND THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS. V 40' 80' 120' _ I SCALE 1"=40' STATE OF ILLINOIS) �I1 )SS I COUNTY OF KENDALL) oz-a3anl-me vR THIS IS CERTIFY THAT THETERRITORYDESCRIBEDAND SHOWN oowB,PA7Rlaca KARIN : :HEREON WAS INCORPORATED INTO AND MADE A PART OF THE '.J. . IDNE R-z o2Z6 6'0'z 'UNITED CITY OF YORKVILLE,ILLINOIS BY ORDINANCE NO.. HALM UJRN: LOT 2oNe Ba � . IS_53 .ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE..UNITED CITY OF YORKVILLE,ILLINOIS THIS a 7 DAY OF ` . 65 j•ti,i uST 2013. I EXISTING CORPORATE LIMITS ' �V UfYO CITY CLERK / rlo CSAEI'FAdI L OT fe .. oz-zeama3z �`''Y ALL COrti. I. 64 YoRKVIUE waNVr PlAZq k mNe as i. "HEREBY ANNEXED" / BRIDGE ST. 3^ �Y: H" Y o22e:m3mo w (VACANT LOT) _ +" (� .Pr�sTC-R,RawHmeMA�� y rr: C .�. zoNB:R-z T;' �_ 1,4573 ACRES EXCEPTIONBYORDER (- �g VESTING TITLE PE3DOC O I • m O #20120DW053S t� I �- s d 0228.327.021 ZDNE:PrZ � '� ax auwwx gvs0,.,E EXISTING CORPORATE LIMITS ozaE:1034z4 �{„ W-1-5, - SGNNEIOER,waiWac ` .SURVEYOR'S CERTIFICATE SINE fL3 ,7 STATE OF ILLINOIS) LOCATKW :'_1nck�S1 COUNTY OF KENDALL) fackson xT THIS IS TO CERTIFY TO THE CLIENT,STUARTWEtl ILES,THAT I,RONALD D.SAUER,AN IWNOIS PROFESWONALLAND : taiaincT .� TE�I�.FI. SURVEYOR IN AFORESAID COUNTY AND STATE,HAVE COMPLETED A PLAT OF ANNEXATION ON THE GROUND OF THE PROPERTY HEREON DESCRIBED.THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM STANDARDS FOR A PLAT OF ANNEXATION AND THAT THE PLAT HEREON DRAWN REPRESENTS THE FACTS FOUND AT THE / LOCATION.MAP THE OF THE SURVEY.THIS SURVEYDOES NOT CONSTITIAE ARECORD TIME SEARCH ANDALL EASEMENTS AND OR •(NOT TOSCALEI SETBACKS SHOWN ARE EITHER THOSE DESIGNATED ON THE RECORDED SUBDIVISION PLAT OR THOSE.PROVIDED TO US' BY T DOCUMENTATION.NO ATTEMPT HAS BEEN MADE TO OBTAIN OR SHOW DATA CONCERNING EXISTENCE OF f�LTTIES OR STORM WATER RUNOFF EITHER ONTO OR OFF FROM THE SITE - Spy.(�A7�EfC� HAND AND SEAL AT PIANO,ILLINOIS THIS 3N DAY OF MAY,2813 A.O. IONAL LAND SURVEYOR#=2 v- r� nEgl HPRE9T1359,4 RB & ASSOCIATES 'RB 9MM)CIATES,CONSULTING,INNC.AND SSI LALL NOT BE USED OR FDA ANY OTHER PURPOSE THANSETFORTH WITHOUT I� CONSULTING I.N C THE WRITTEN CONSENT OF AN AUTHORIZED AGENT OF SO&ASSOCIATES CONSULTING,INC.:THIS DRAWING IS NOT f CONSIDERED TO BE ORIGINAL UNLESS THE SURVEYOR'S SEAL IS AN IMPRESSED SEAL OR DISPLAYED IN RED INK 4 W MAIN STREET DESIGN FIRM# REVISED JUNE2a.MI3 PLANO.IL 60545 184-OG4475 (630)552-7452 www.rb-assoc!Edes.net DWG#2013-14411-001 B(ANNEX)