Loading...
Ordinance 2023-08 III Jill II II11111III11111 202300013410 DEBBIE GILLETTE RECORDER-KENDALL COUNTY, IL RECORDED: 11/17/2023 12:29 PM ANXO: 57.00 PAGES: 11 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2023-08 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS, ANNEXING CERTAIN TERRITORY GENERALLY LOCATED AT NORTH AND SOUTH OF THE BURLINGTON NORTHERN SANTA FE RAILROAD LINE, EAST OF BEECER ROAD TO THE UNITED CITY OF YORKVILLE (NEW LEAF ENERGY—SOLAR FARM) Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 1 lth day of April, 2023 Prepared by and Return to: United City of Yorkville 651 Prairie Pointe drive 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 November 16, 2023. Ordinance No. 2023-08 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,ILLINOIS,ANNEXING CERTAIN TERRITORY GENERALLY LOCATED AT NORTH AND SOUTH OF THE BURLINGTON NORTHERN SANTA FE RAILROAD LINE,EAST OF BEECHER ROAD TO THE UNITED CITY OF YORKVILLE (NEW LEAF ENERGY—SOLAR FARM) 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, a duly executed PETITION FOR ANNEXATION, signed by Robert M. and Ildefonsa Loftus, owners, and submitted by contract lessee,New Leaf Energy, Inc. dba Beecher Solar 1, LLC, has been filed with the City,requesting that certain territory legally described hereinafter be annexed to the City; and, WHEREAS,there are no electors residing within said territory: and, WHEREAS,the said territory is not within the corporate limits of any municipality, but is contiguous to the City; and, WHEREAS, legal notices regarding the intention of the City to annex said territory have been sent to all public bodies required to receive such notice by state statute; and, WHEREAS,all petitions, documents and other necessary legal requirements are in full compliance with the terms of the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the City that said territory be annexed. 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 legal description and property index number(s) of the territory to be Ordinance No.2023-08 Page 2 annexed are as follows: THAT PART OF THE SOUTHWEST'/4 OF SECTION 17;PART OF THE SOUTHEAST '/4 OF SECTION 18 AND PART OF THE NORTHEAST 1/4 OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTH LINE OF SECTION 19 AFORESAID, 35.04 CHAINS WEST OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 0 DEGREES, 35 MINUTES, 0 SECONDS EAST 0.55 CHAINS TO THE SOUTH RIGHT-OF-WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY FOR THE POINT OF BEGINNING; THENCE SOUTH 0 DEGREES, 35 MINUTES, 0 SECONDS WEST TO THE CENTER LINE OF THE BRISTOL AND PLANO ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE TO THE CENTER OF ROB ROY CREEK; THENCE NORTHEASTERLY ALONG SAID CENTER LINE TO THE EAST LINE OF SECTION 19; THENCE NORTH ALONG SAID EAST LINE 6.44 CHAINS TO THE SOUTHWEST CORNER OF SECTION 17; THENCE EAST ALONG THE SOUTH LINE OF SAID SECTION 2.30 CHAINS; THENCE NORTHEASTERLY TO A POINT ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 17 WHICH IS 5.50 CHAINS EAST OF THE NORTHWEST CORNER OF SAID QUARTER QUARTER;THENCE WEST ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 17 AND ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 'A OF SECTION 18 TO THE NORTHWEST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4; THENCE SOUTH ALONG THE WEST LINE OF SAID QUARTER QUARTER TO THE SOUTH RIGHT-OF-WAY LINE OF THE CHICAGO, BURLINGTON, AND QUINCY RAILROAD COMPANY; THENCE WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY TO THE POINT OF BEGINNING, (EXCEPTING THEREFROM THE RIGHT-OF-WAY OF THE CHICAGO, BURLINGTON, AND QUINCY RAILROAD COMPANY) IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PINs: 02-18-400-005, 02-18-400-006, and 02-17-300-002 Section 2. That the territory described in Section 1 above is hereby annexed to the United City of Yorkville, Illinois. Section 3. That the City Clerk is hereby directed within 90 days from the effective date of this ordinance to record or cause to be recorded with the Office of the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of this Ordinance, together with the Plat of Annexation appended to this Ordinance. Section 4. That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Ordinance No.2023-08 Page 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 11th day of April, A.D. 2023. IT CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING NAY CHRIS FUNKHOUSER NAY MATT MAREK AYE SEAVER TARULIS NAY RUSTY CORNEILS PRESENT APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this l 3' day of r j I , A.D. 2023. MAYOR Ordinance No.2023-08 Page 4 Exhibit A STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) ANNEXATION AGREEMENT This Annexation Agreement (hereinafter ("Agreement"), is made and entered into this (ill day of ,4 prj I , 2023, by and between the United City of Yorkville, a municipal corporation, hereinafter referred to as "City" and Robert M. and Ildefonsa Loftus, 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 27.63 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 A-1 Agricultural District with a special use for a solar farm; and, WHEREAS, it is the desire of the Mayor and City Council (the "Corporate Authorities") to annex the Subject Property and permit the solar farm as a special 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 and special use 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, WHEREAS, the Planning and Zoning Commission of the City and has duly held all public hearings relating to zoning and special use for the solar farm, all as required by the provisions of the City's Zoning Code and the Municipal Code (the"Municipal Code"); and, 1 WHEREAS, the Owner and City agree that upon Annexation to the City of the Subject Property shall be placed in the A-1 Agricultural 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 TH EREFORE, 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 A-1 Agricultural District. B. The City and the Owner agree that annexation is contingent upon approval of a special use application for a solar farm which will be considered contemporaneously with the petition for annexation and rezoning submitted to the City. Section 3. 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 4. 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. 2 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. 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 Law Office of Kathleen Field Orr 2024 Hickory Road Suite 205 Homewood, Illinois 60430 To the Owner: Robert M. and Ildefonsa Loftus 11159 Faxon Road Yorkville, IL, 60560 To the Lessee: Dean Smith New Leaf Energy Inc. Beecher Solar 1, LLC 55 Technology Drive Suite 102 Lowell, MA 01851 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. 3 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 corp a . n By: Mayor ttest: City" be9tkeMal Robert . Lo us til4t By: Owner Ildefonsa Loftus By: CA f.4,„ Owner 4 Exhibit B