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Ordinance 2017-76 DEBBIE (311 L-E'TTE RECORDER - KENDALL COUNTY, IL RECORDED: 5/22/2618 11:34 AM ORDI: 44.86 RHSPS FEE: 16.86 PAGES: 9 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2017-76 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,ILLINOIS, AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR THE PROPERTY AT 9290 ROUTE 34 (Coffman Carpet) Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 126'day of December,2017 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 May 15,2018. ORDINANCE NO. 2017- A0 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS, AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR THE PROPERTY AT 9290 ROUTE 34 (Coffman Carpet) WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, David and Debbie Coffman are the owners (the "Owner"), and desires to enter into an Annexation Agreement (the"Agreement"), regarding property owned by the Owner which is approximately .58 acres legally described and identified in the attached Petition for Annexation(the "Subject Property"); and, WHEREAS, the Subject Property is contiguous with the existing corporate limits of the City and is not within the boundary of any other city; and, WHEREAS, a public hearing was conducted by the Mayor and City Council (the "Corporate Authorities") on the annexation agreement on November 14, 2017, and all notices required by law have been given by the City and Owner; and, WHEREAS,the statutory procedures provided in Section 11-15.1-1 of the Illinois Municipal Code for the execution of the annexation agreement have been fully complied with; and, WHEREAS,the Corporate Authorities have concluded that the approval and execution of the proposed Annexation Agreement, attached hereto, is in the best interests of the health, safety, and welfare of the City. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Ordinance No.2017- 7G Page 2 Section 1: The above recitals are incorporated and made a part of this Ordinance. Section 2: The Annexation Agreement attached hereto and made a part hereof by reference as Exhibit A, be and is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute and deliver said Agreement. Section 3: This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this /oZ day of -bEC€A1 66P— 52017. CITY CLERK CARLO COLOSIMO y KEN KOCH Y JACKIE MILSCHEWSKI �_ ARDEN JOE PLOCHER \Y CHRIS FUNKHOUSER Y JOEL FRIEDERS 1 SEAVER TARULIS ALEX HERNANDEZ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this dayof MA RCto ,20 -7. ao(8 zilz MAYOR Ordinance No.2017-7} } Page 3 STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) ANNEXATION AGREEMENT This Annexation Agreement (hereinafter ("Agreement"), is made and entered into this day of 0- A-'P-CtF , 20119 by and between the United City of Yorkville, a municipal corporation, hereinafter referred to as "City" and David and Debbie Coffman hereinafter jointly referred to as "Owner". WITNESSETH: WHEREAS, the Owner owns fee simple interest to the real property which is legally described in Exhibit A attached hereto, consisting of approximately .58 acres, more or less (the "Subject Property"); and, WHEREAS, it is the desire of the Owner to provide for the annexation of the Subject Property and to use the Subject Property in accordance with the terms of this Agreement and the ordinances of the City; and, to provide that when annexed, the Subject Property is to be zoned as B-3 General Business District; and, WHEREAS, it is the desire of the Mayor and City Council (the "Corporate Authorities") to annex the Subject Property and continue its commercial use, all being pursuant to the terms and conditions of this Agreement and the ordinances of the City; and, WHEREAS, Owner and City have or will perform and execute all acts required by law to effectuate such annexation; and, WHEREAS, all notices and publications as required by law relating to the zoning of the Subject Property and the Agreement have been published and given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Municipal Code (the "Municipal Code"); and, WHEREAS, the Corporate Authorities of the City have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Municipal Code; and, i WHEREAS, the Planning and Zoning Commission of the City and has duly held all public hearings relating to zoning all as required by the provisions of the City's Zoning Code and the Municipal Code(the"Municipal 'ode"); and, WHEREAS, the Owner and City agree that upon Annexation to the City of the Subject Property shall be placed in a B-3 General Business District; and, WHEREAS, in accordance with the powers granted to the City by the provisions of Section 11-15.1-1 et seq. of the Municipal Code (65 ILCS 5/11-15.1-1 et seq.), 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 and use of the Subject Property during the term of this Agreement as authorized by the provisions of said statutes. NOW THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the City and the Owner agree as follows: Section 1. Annexation. The Owner has filed with the Clerk of the City a duly and properly executed petition pursuant to, and in accordance with, the provisions of Section 5/7-1-1 et seq. of the Municipal Code to annex the Subject Property and any adjacent roadways not previously annexed to the City of Yorkville. Section 2. Zoning. A. The City hereby agrees, contemporaneously with annexation, the Subject Property shall be classified and shall be zoned as B-3 General Business District. B. The City and the Owner agree that the Subject Property shall be permitted to retain in place, the structure now existing on the Subject Property with no mandated interior or exterior changes or repairs until the Subject Property is substantially redeveloped or expanded by more than twenty-five percent (25%). C. The City and Owner agree that a side-yard set back of nine (9) feet shall be permitted in lieu of the twenty (20) feet requirement until the Subject Property is substantially redeveloped, rezoned, or an application for a special use has been submitted to the City. D. The City and the Owner agree that the installation of sidewalks will not be required until the Subject Property is substantially redeveloped or rezoned, or an application for a special use has been submitted to the City. 2 E. The City and the Owner agree that no additional landscaping or exterior site lighting shall be required until such time as the Subject Property is substantially redeveloped, rezoned, or an application for a special use has been submitted to the City. F. The City and the Owner agree that the existing sign, 43 % square feet in size, shall be permitted until such time as the Subject Property is substantially redeveloped, rezoned or an application for a special use has been submitted to the City. For purposes of this Annexation Agreement"substantial redevelopment" shall mean any construction activity that will result in a greater than twenty-five percent (25%) increase to the existing building square footage or an addition of twelve(12)or more parking spaces. Section 3. Other Considerations. A. The City and the Owner of the Subject Property agree that the trailer located at the west side of the building currently used for storage may remain in place with no interior or exterior changes, repairs, or renovations for two (2) years from the date of approval of this Agreement. B. The City and the Owner agree that the parking lot on the Subject Property need not be striped until such time as substantial redevelopment of the Subject Property occurs. Section 4. Binding Effect and Term. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the City and the successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. Section S. Notices and Remedies. Upon a breach of this Agreement, the parties hereto agree that the venue shall be the Circuit Court of Kendall County. It is further understood by the parties hereto that upon breach of this Agreement the non-defaulting party may exercise any remedy available at law or equity. Before any failure of any part of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify, in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. 3 Notice shall be provided at the following addresses: To the City: United City of Yorkville 800 Game Farm Road Yorkville,Illinois 60560 Attn: City Administrator With a copy to: Kathleen Field Orr Kathleen Field Orr&Associates 53 West Jackson Blvd., Suite 964 Chicago, Illinois 60604 To the Owner: Dave and Debbie Coffman 9290 U.S. Route 34 Yorkville, Illinois 60560 Section 6. Agreement to Prevail over Ordinances. In the event of any conflict between this Agreement and any ordinances of the City in force at the time of execution of this Agreement or enacted during the pendency of this Agreement, the provisions of this Agreement shall prevail to the of any such conflict or inconsistency. Section 7. Provisions. If any provision of this Agreement or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect the application or validity of any other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. 4 IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be executed by their duly authorized officers on the above date at Yorkville,Illinois. United City of Yorkville, an Illinois municipal corporation By: Mayor Aue . /1� Z City Cler David Coffman By: 40hA v-V ' r Debbie Coffman By: Owner 5 The legal description is as follows: 9290 US Route 34 A parcel of land located in the Northeast Quarter of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian, Kendall County, Illinois, described as follows: Beginning at the Northwest corner of Lot 187 as designated upon the plat of Heartland In Yorkville Unit i Subdivision, the Plat of which subdivision was recorded February 16, 2001 as Document No. 200100002570 in the Recorder's Office of Kendall County, Illinois; thence North 5 degrees 24 minutes 29 seconds East along the Northerly extension of the West line of said Lot 187, a distance of 7.65 feet to a the Southeast corner of the premises conveyed by Donald Pilmer and Robert P. Pilmer, co-Trustee's of a Trust Agreement dated December 20, 1995 known as the Marvin F. Pilmer Trust to the People of the State of Illinois, Department of Transportation by Trustee's Deed recorded December 23, 2014 as Document No. 201400018028 in said Recorder's Office; thence Westerly along the Southerly line of said premises so conveyed, along a circular curve whose radius is 1,477.39 feet and whose center lies to the North, the long chord of which curve bears North 87 degrees 50 minutes 07 seconds West, a chord distance of 154.59 feet, thence North 84 degrees 50 minutes 10 seconds West along the Southerly line of said premises so conveyed, a distance of 41.06 feet to a point in the East line of the premises conveyed by Daniel Laniosz and Deborah A. Laniosz to David E. Coffman and Debbie M. Coffman by Warranty Deed recorded April 9, 1997 as Document No. 9703295 in said Recorder's Office, said point being the Point of Beginning for the hereinafter described parcel of land; thence South 5 degrees 53 minutes 54 seconds West along the East line of said premises conveyed by Daniel Laniosz and Deborah A. Laniosz to David E. Coffman and Debbie M. Coffman, a distance of 206.29 feet to an angle point in the East of said premises; thence South 52 degrees 17 minutes 30 seconds West along the Easterly line of said premises conveyed by Daniel Laniosz and Deborah A. Laniosz to David E. Coffman and Debbie M. Coffman, a distance of 129.79 feet to the Southeast corner thereof; thence North 84 degrees 50 minutes 10 seconds West along the Southerly line of said premises, a distance of 11.00 feet to the Southwest corner thereof; thence North 5 degrees 53 minutes 54 seconds East along the West line of said premises, a distance of 294.61 feet to the Southwest corner of the premises conveyed by David E. Coffman and Debbie M. Coffman to the People of the State of Illinois, Department of Transportation by Warranty Deed recorded April 11, 2002 as Document No. 200200008884 in said Recorder's Office; thence South 84 degrees 50 minutes 10 seconds East along the Southerly line of said premises conveyed by David E. and Debbie M. Coffman to the People of the State of Illinois, Department of Transportation, a distance of 104.99 feet to the Point of Beginning, containing 26,778 square feet, 0.615 acres, more or less, all being situated in the County of Kendall and the State of Illinois.