Ordinance 2005-008 STATE OF ILLINOIS )
) ss COPY
COUNTY OF KENDALL )
ORDINANCE NO. 2005-C!%
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
GOSPEL ASSEMBLY CHURCH
WHEREAS, it is prudent and in the best interest of the UNITED CITY OF
YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining
to the annexation of real estate described on the 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 I1- 15.1.1, as amended,
for the execution of said Annexation Agreement has been fully complied with; and
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WHEREAS, the property is anticipated to become contiguous to the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY,
ILLINOIS, AS FOLLOWS;
Section 1: The Mayor and the City Clerk are herewith authorized and directed to
execute, on behalf of the City, an Annexation Agreement concerning the annexation of
the real estate described therein, a copy of which Annexation Agreement is attached
hereto and made a part hereof.
Section 2: This ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
WANDA OHARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA .a
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this _-;YS Day , A.D. 2005.
MAYOR
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Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this a5' day .. - , A.D. 2005.
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ATTEST: y r .
CITY CLERK
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Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
ANNEXATION AGREEMENT BETWEEN THE
UNITED CITY OF YORKVILLE AND
GOSPEL ASSEMBLY CHURCH
NOW COMES GOSPEL ASSEMBLY CHURCH, Owners- Developers, of certain real
property described in the attached Exhibit "A" hereinafter referred to as Owners- Developers, and
the United City of Yorkville, an Illinois Municipality hereinafter referred to as the "City ", who
do hereby enter into this Annexation Agreement and agree as follows:
1. WHEREAS, each parry agrees that it is in the best interest of Owners- Developers and
the City to annex and develop the subject real property described in the attached Exhibit "A ";
and
2. WHEREAS, each party agrees that it is in the best interest of the local government
bodies effected and the Developers and Owners to provide for specific performance standards in
the development of the subject property; and
3. WHEREAS, each party agrees that a substantial impact will be had on the services of
the United City of Yorkville by developing said real property; and
4. WHEREAS, the Owners- Developers have agreed to perform certain conditions in
addition to the requirements made by the United City of Yorkville;
NOW THEREFORE, the parties agree as follows:
A. The subject property shall be annexed to the United City of Yorkville and zoned as
R - 1 in the attached Annexation Plat as Exhibit "C ".
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B. That the subject property shall be developed as a Church.
C. That the development of the property shall be subject to Preliminary Plat, Engineering
and Final Plat approval by the County of Kendall and in conformance to those requirements set
out in the Kendall County Zoning Ordinance, Subdivision Control Ordinance, Storm water Run-
; Off Ordinance, City Reimbursement of Review Ordinance City and Infrastructure Ordinances, in
effect at the time of the execution of this agreement, unless specifically varied by this agreement.
D. That Owners- Developers agree to grant the City all public utility easements needed
for the City's and other utilities to deliver utility services to the Owner as well as other land
owners Including, but not limited to water, storm water, sanitary sewer, electricity, natural gas,
telephone, cable and all other public utilities.
E. That Owners- Developers agree to depict said easements on the Final Plat of
Subdivision recorded with the Kendall County Recorder of Deeds and agree to execute any and
all easement agreements for the aforementioned utility easements.
F. Owner shall not be required by The United City of Yorkville to hook -on to the city
water or Sanitary Sewer System at the time of entering into this annexation Agreement, but may
do so upon its desire to obtain those services, when available to the subject property. Owners
shall be subject to all hook on fees and/or recapture applicable to he property at the time that the
hook on is requested.
G. In the event City water and sewer are unavailable or are not within 250 feet of the
Owners property line at the time Owner desires to develop the subject property, the City hereby
grants Owner- Developer's request for a variance from its Subdivision Control Ordinance for use
of private wells and septic systems. Should City water and/or sewer services become available
within 250 feet of the subject property the Owner- Developer agrees to hook up to said service.
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H. Owner acknowledges that the subject property is located near farming operations and
that farming operations, including livestock, are a current condition adjacent to the subject
parcel. Owner agrees that it shall not object to or lodge any complaint against said farming
operations neither at this point in time, nor at any future point in time whether or not it annexes
to the City. The owner furthermore agrees that it shall in no way assist to organize any other
group or assistant any other persons to object or lodge any complaint against said farming
operations at any point in time.
I. This Agreement and the Annexation shall be effective upon Owners- Developers
becoming contiguous to the United City of Yorkville.
L. This agreement shall be binding upon the successors, heirs, and assigns of each party
hereto.
(The remainder of this page has been left intentionally blank)
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M. If any portion of this agreement were determined to be invalid the remaining portions
thereof shall be in full force and effect between Developers /Owner(s) and the City.
IN WITNESS WHEREOF the undersigned parties have executed this agreement this
,�S_ day o �....,� , 2004.
UNITED CITY OF YORKVILLE
MAYOR
ATTEST:
ITY �
OWNER/DEVELOPER
GOSPEL ASSEMBLY CHURCH,
By:
Attest:
Dated:
Prepared by:
John Justin Wyeth, City Attorney
800 Game Farm Road
Yorkville, IL 60560
(630 -553 -4350
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