Ordinance 2006-035 2i i 600 115098
Filed for Record in
KENDALL COUNTYP ILLINOIS
STATE OF ILLINOIS ) PAUL ANDERSON
115 -18 -- 2006 At 02:05 Pm.
ss ORDINANCE 51.00
COUNTY OF KENDALL ) RHSP Surcharge 10.01 -1
I
I
ORDINANCE NO. 2006- 3 5
AN ORDINANCE AUTHORIZING THE EXECUTION
OF THE ANNEXATION AGREEMENT OF
CCTF 500, LLC, AN ILLINOIS LIMITED LIABILITY CORPORATION
C qC olb�ST014E -
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County, Illinois, that a certain Annexation Agreement pertaining to the annexation and development
of the real estate described on Exhibit "A" attached hereto and made a part hereof entered into by the
UNITED CITY OF YORKVILLE; and
WHEREAS, said Annexation Agreement has been drafted and has been considered by the
City Council; and
WHEREAS, the legal owners of record of the territory which is the subject of said
Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as
required hereunder; and
WHEREAS, the statutory procedures provided in 65 ILCS 5/11 - 15.1 - 1(2004), as amended,
for the execution of said Development Agreement has been fully complied with; and
WHEREAS, the property is contiguous to the City, and is not located within the boundaries
of any other Illinois Municipality.
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WHEREAS, the statutes provide that upon property affirmative vote of 3/4` of the Corporate
Authorities of the City Council, contiguous property can be annexed to THE UNITED CITY OF
YORKVILLE, Kendall County, Illinois.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute, on
behalf of the City, an Development Agreement concerning the annexation and development of the
real estate described therein, a copy of which Annexation Agreement is attached hereto and made a
part hereof.
Section 2: That this Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
JAMES BOCK l JOSEPH BESCO 1
VALERIE BURD '1 PAUL JAMES
JASON LESLIE MARTY MUNNS
ROSE SPEARS DEAN WOLFER
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
( ..-� day of n , A.D. 2006.
MAYOR
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PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this
25 k day of �l' , A.D. 20.
Attest:
CITY CLERK
.... ..... ... .
:' arc® ° �.�: �'•..
• Corpor
o SJEAL
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
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EXHIBIT "A"
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STATE OF ILLINOIS )
COUNTY OF KENDALL )
ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE
CCTF 500, L.L.C. PROPERTY
THIS AGREEMENT is made and entered into this 2 9 ' day of ' / , 2006
by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal
corporation, located in Kendall County, Illinois (hereinafter referred to as "City "), FRANK J.
CALABRESE, (hereinafter referred to as OWNER), and CCTF 500, L.L.C. of the County of
DuPage, State of Illinois (hereinafter referred to as "DEVELOPER").
WITNESSETH
WHEREAS, OWNER is the owner of real property which is the subject matter of said
Agreement comprising approximately 12.33 acres, more or less, and is more particularly
described in the attached Exhibit "A ", which is incorporated herein by reference; and
WHEREAS, the subject real property is located contiguous to the corporate boundaries of
the CITY; and is not located within the corporate boundaries of any other municipality; nor is
any portion thereof classified as flood plain; and
WHEREAS, OWNER/DEVELOPER desire to annex the said real property described into
the City, its Plan Commission has considered the Petition to Annex, and the City Council has
heretofore both requested and approved the proposed land use and the zoning of the same at the
request of OWNER/DEVELOPER and the City; and
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WHEREAS, OWNER/DEVELOPER have presented, and the City has considered, the
tract, of real property herein described in the attached Exhibit "A" as B -2 General Business
District in order to make said real property a desirable addition to the City; and
WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions
upon which the land heretofore described will be annexed to the City in an orderly manner, and
WHEREAS, OWNER/DEVELOPER and their representatives have discussed the
an have held Public Hearings with the Plan Commission and the Cit
proposed annexation d g ty
Council, and prior to the execution hereof, notice was duly published and a public hearing was
held to consider this Agreement, as required by the statutes of the State of Illinois in such case
made and provided.
WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65
ILCS 5/11- 15.1 -1 through 51.1 -5, inclusive, relating to Annexation Agreements, the parties
hereto wish to enter into a binding agreement with respect to the future annexation and zoning of
the subject Property and to provide for various other matters related directly or indirectly to the
annexation of the Property in the future, as authorized by, the provisions of said statutes; and
WHEREAS, pursuant to due notice and publication in the manner provided by law, the
appropriate zoning authorities of the CITY have and such public hearing and have taken all
further action required by the provisions of 65 ILCS 5/11- 15.1.3 and the ordinances of the CITY
relating to the procedure for the authorization, approval and execution of this Annexation
agreement by the CITY.
NOW THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11 -
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15.1 -1 through 65 ILCS 5111- 15.1 -5, as amended, as follows:
1. A. ANNEXATION AND ZONING. The City shall adopt an ordinance
annexing to the City all of the real property described herein in the attached Exhibit "A "; and the
City in said ordinance shall zone the real property designated in the attached Exhibit "A" subject
to the further terms of this Agreement as B -2 General Business District.
Said zoning shall allow the uses, size, density, area, coverage, and maximum
building heights as set forth on for the B -2 General Business District. Said real property shall be
used and developed in accordance with 65 ILCS 5/11- 15.1 -1 through 65 ILCS 5/11 - 15.1 -5, and
in accordance with the City Subdivision Control and Zoning Ordinances and specifically subject
to the following conditions:
(i) That the subject property described in the attached Exhibit "A" shall be annexed to
the United City of Yorkville by separate Ordinance, in compliance with Illinois
Compiled Statutes and shall be zoned B -2 General Business District Zoning.
(ii) That the subject property shall be developed in substantial conformance with the
attached Site Plan, which is incorporated herein and made a part hereof by
reference as Exhibit "B ", as prepared and dated " , 2005.
(iii) (a) OWNER/DEVELOPER shall be responsible for providing landscaping, in
conformance with CITY standards along all perimeter boundaries of the subject
property including preserving as much of the tree line along the West boundary of
the property as is possible. No permanent trees covering utilities shall be planted
on the right-of-way adjacent to the subject real property.
(b) OWNER/DEVELOPER shall establish the landscape buffer along, Illinois
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State Route 126 behind the proposed North Right -of -Way expansion line of the
Illinois Department of Transportation.
(c) DEVELOPER agrees to participate to a maximum of $25,000.00 for the
construction of a regional bike trail through the Commonwealth Edison Parcel,
thru the length of Developer's property, when said trail is constructed by the
i United City of Yorkville, or its Parks & Recreation Department. Said amount
shall not exceed the actual cost of said reserves ath. OWNER/DEVELOPER
p p
the right to install said trail pursuant to City specifications at its expense.
(iv) That OWNER/DEVELOPER shall provide the number of parking places as set
out on the attached Exhibit `B" attached hereto and incorporated herein by
reference.
(v) OWNER/DEVELOPER agree that OWNER/DEVELOPER shall be permitted to
conduct the uses on the subject property that are excerpted from the United City of
Yorkville Zoning Classification for O- Office District, B -1 Limited Business
District, B -2 General Business District, and any similar permitted uses within
those Districts that the CITY may create in the future; although
OWNER/DEVLOPER agree they shall not be permitted to conduct on site any
permitted uses which have been omitted from the current United City of Yorkville
Zoning Ordinances as are in effect as of the date of the approval of this
Agreement by the United City of Yorkville. The list of permitted uses is as set out
in Exhibit "C" attached hereto and incorporated herein by reference.
(vi) That in all other respects, the subject development shall be in conformance with
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the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control
Ordinance, and all other applicable Ordinances.
(vii) OWNER/DEVELOPER shall establish a Thirty (30') Foot front building setback
line for principal structures, but OWNER/DEVELOPER may install parking,
signage, and landscaping in said setback.
B. The OWNER/DEVELOPER, and successors, heirs, and assigns hereby agree that prior to
issuance of a building permit on the subject parcel, a site development plan shall be submitted
and approved by the City Council of the United City of Yorkville, as well as
OWNER/DEVELOPER complying with the CITY Preliminary and Final Platting process.
2. CITY'S AGREEMENTS.
A. The City agrees that due to the nature of the non - residential use and zoning
classification of said parcel, OWNER/DEVELOPER has no obligation to pay School Transition
Fees or Land -Cash Fees.
B. OWNER/DEVELOPER shall be required by THE UNITED CITY OF
YORKVILLE to hook -on to the city water or Sanitary Sewer System at the time of improving the
subject property and upon CITY approval of this Annexation Agreement, and shall be
responsible for main extensions to the subject property if said mains do not touch the subject
property.
C. Upon annexation, the Owner will receive police protection, 911 service,
Water, Sanitary Sewer, and all services as provided by City to its property owners and residents.
D. The City will require the Owner to annex to Yorkville Bristol Sanitary
District at the time of applying for a building permit seeking to hook up to the Sanitary District
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and the City Sanitary Sewer System.
E. In the event OWNER/DEVELOPER is required to improve the main
North/South entrance as to Collector Street to provide access to a residential subdivision to the
North, and/or to provide signalization or off -site improvements to Illinois State Route 126 CITY
agrees to enact and pass:
1) Recapture Agreement or Road and Signalization Improvement Agreement and
Ordinance aDvortionina the cost and payment responsibilities of Developer and the adjacent
properties to the North for the cost of said improvements; and
2) Permit an Economic Incentive Agreement to be requested by Developer as to
any portion of the off -site, signalization on -site or collector costs not so recovered under
paragraph (A) above pursuant to such an Agreement out of V2 of any Sales Tax Receipts from
users on the subject site inconformity with the United City of Yorkville Commercial Incentive
Policy.
3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is
specifically understood and agreed that Owner and its successors and assigns shall have the right
to sell transfer, mortgage and assign all or any part of the subject property and the improvements
thereon to other persons, trusts, partnerships, firms, or corporations, for investment, building,
financing, developing and all such purposes, and that said persons, trusts, partnerships, firms, or
corporations shall be entitled to the same rights and privileges and shall have the same
obligations as Owner under this Agreement and upon such transfer, the obligations pertaining to
the property transferred or sold shall be the sole obligations of the transferee, except for any
performance bonds or guaranties posted by Owner on any subdivided or unimproved property for
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which an acceptable substitute performance bond or letter of credit has not been submitted to the
City.
4. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that
time is of the essence of this Agreement and that all of the parties will make every reasonable
effort, including the calling of special meetings, to expedite the subject matter hereof It is further
understood and agreed by the parties that the successful consummation of this Agreement
requires their continued cooperation.
5. COVENANTS AND AGREEMENTS. The covenants and agreements contained
in this Agreement shall be deemed to be covenants running with the land during the term of this
Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of
the parties hereto, including the city, its corporate authorities and their successors in office, and is
enforceable by order of the court pursuant to its provisions and the applicable statutes of the State
of Illinois.
6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding
upon and inure to the benefit of the parties hereto, and their successors and owners of record of
land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal
authorities of said city, so long as development is commenced within a period of twenty years
from the date of execution of this Agreement by the City. No Covenant or Agreement shall
become binding on OWNER until DEVELOPER hereunder has closed the purchase of the
subject property by DEVELOPER from OWNER.
7. NOTICE. Any notices required hereunder shall be in writing and shall be served
upon any other party in writing and shall be delivered personally or sent by registered or certified
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mail, return receipt requested, postage prepaid, addressed as follows:
�I
If to the City: City Clerk
800 Game Farm Road
Yorkville, IL 60560
With a copy to: John Wyeth
800 Game Farm Road
Yorkville, IL 60560
To OWNER: Frank J. Calabrese Jr.
C/O Attorney Dallas Ingemunson
With a copy to: Attorney Dallas Ingemunson
PO Box 578
Yorkville, IL 60560
To DEVELOPER: Shepherd Group, LLC
500 East Ogden Ave., Ste. 204
Naperville, IL 60563
With a copy to: Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
or to such other addresses as any party way from time to time designate in a
written notice to the other parties.
8. ENFORCEABILITY. This Agreement shall be enforceable in any court of
competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to
secure the performance of the covenants herein contained.
In the event any portion of said agreement becomes unenforceable due to any
change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this
Agreement shall be excised here from and the remaining portions thereof shall remain in full
force and effect.
9. ENACTMENT OF ORDINANCES. The City agrees to adopt any ordinances
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which are required to give legal effect to the matters contained in this Agreement or to correct
any technical defects which may arise after the execution of this Agreement.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this
7 �� \ day of i , 2006.
UNITED CITY OF YORKV E
.. ...............
�I OF yo
By-
•'• Corporate Arthur F haska, Jr., Mayor
SE AL Attes t-- -�
.,� ''•• ......•�'o�,, '• City Clerk
LL
OWNER/DEV OPER:
By: [ y �/_Y_ �AKrz,NtS y �� v ,�
Attest:
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Prepared by and Return to:
Law Offices of Daniel J. Kramer
I I 07 S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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EXHIBIT "A"
THAT L C;Al- p�,SCRIPTI0N
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EXHIBIT "C"
7.01 O- OFFICE DISTRICT
A. Permitted Uses
i
j Advertising agency
Bank
Barber Shop
Beauty Shop
Bookkeeping Service
Coffee Shop -
College, University, or Junior College .
Commercial School, Trade School— offering training in class room study
Credit Union
Detective Office
Employment Office
Engineering Office
Government Office
Income Tax Service
Insurance Office
Manufacturing Agent's Office
Medical Clinic
Park
Professional Offices
Real Estate
j Savings and Loan Assoc.
Court Reporting Service
Stock Broker
Ticket Office
Title Company
Travel Agency
Utility Office
S� '
7.02 B -1 LIMITED BUSINESS DISTRICT
A. Permitted Uses
Antique Shops
Barber Shop
Beauty Shop
Book Store
Camera Shop
Florist Sales
Health Food Store
Hospital or Treatment Center
Ice Cream Shop
Jewelry — Retail
Laundry, Cleaning and Dyeing — Retail
Library
Magazine and Newstand
Medical Clinic
Nursery — Daycare
Park
Photography Studio
Playground
Post Office
Professional Building
Recreation Center
Restaurant — Sit down; no drive -thru restaurant
Shoe and Hat repair
7.03 B -2 GENERAL BUSINESS DISTRICT,
A. Permitted Uses
All the permitted in the O and B -1 Districts as Limited Exhibit "C"
Art Gallery — Art Studio Sales
Catalog Sales Office
Clothing Store — All types
Interior Decorating Studio
Office Equipment and Supply Sales
Picture Frame Store
Radio and Television Studios