Ordinance 2025-09 202500000926
DEBBIE GILLETTE
RECORDER- KENDALL COUNTY, IL
RECORDED: 01/24/2025 09:11 AM
RECORDING FEE 57.00
PAGES: 7
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2025-09
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS,
AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT
FOR CERTAIN TERRITORY LOCATED NORTH OF US ROUTE 34,
WEST OF BEECHER ROAD AND KENDALL MARKETPLACE, AND
EAST OF ELDAMAIN ROAD TO THE UNITED CITY OF YORKVILLE
(DMYF LLLP Property)
Passed by the City Council of the
United City of Yorkville, Kendall County,Illinois
This 14th day of January, 2025
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 January 17, 2025.
Ordinance No.2025-09
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS,
AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT
FOR CERTAIN TERRITORY LOCATED NORTH OF US ROUTE 34,
WEST OF BEECHER ROAD AND KENDALL MARKETPLACE, AND
EAST OF ELDAMAIN ROAD TO THE UNITED CITY OF YORKVILLE
(DMYF LLLP Property)
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,Daniels Malinski Yorkville Family, LLLP (the "Owner"), desires to enter
into an Annexation Agreement (the "Agreement"), regarding property owned by the Owner
which is approximately 270 acres, legally described and identified in the Agreement, attached
hereto as Exhibit A (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 Agreement on November 12, 2024, 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 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:
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.
Ordinance No.2025-09
Page 2
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 14th day of January, A.D. 2025.
Y CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS ABSENT RUSTY CORNEILS AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this I- day of Dn(/161R , A.D. 2025.
MAYOR
Attest:
)AllA
CI Y LERK
Ordinance No.2025-09
Page 3
STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
ANNEXATION AGREEMENT
This Annexation Agreement (hereinafter
("Agreement"), is made and entered into this
day of 2025, by and between
the United City of Yorkville, a municipal
corporation, hereinafter referred to as "City" and
Daniels Malinski Yorkville Family, hereinafter
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 270 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
M-2 General Manufacturing District; and
WHEREAS, it is the desire of the Mayor and City Council (the "Corporate Authorities")
to annex the Subject Property and permit the zoning,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
WHEREAS, the Planning and Zoning Commission of the City 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 Code'); and
WHEREAS, the Owner and City agree that upon Annexation to the City of the Subject
Property shall be placed in the M-2 General Manufacturing 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. Conditions ofAnnexation.
A. The City hereby agrees, contemporaneously with annexation, the City shall undertake
procedures as required by the City's Unified Development Ordinance to rezone the
Subject Property as M-2 General Manufacturing District.
B. Once rezoned as M-2 General Manufacturing District, should a Data Center not be
developed on the Subject Property, only the following uses shall be permitted:
Automobile sales and services (enclosed); Bakery (wholesale);
Brewery/winery/distillery; Building material sales; Microdistillery;
Microbrewery/Microwinery; Nursery/greenhouse; Research laboratories; Recreational
vehicle sales and services; Storage, single-building climate controlled; Refrigerated
Warehouse (Cold Storage); Agricultural; Retail store, general — less than one (1) acre;
Retail store, general—greater than one (1) acre; Medical clinic/office; Treatment center;
Data center.
C. Until such time as the Subject Property is developed as a Data Center or one of the
permitted uses under Section 2(B) of this Agreement the Owner may continue to grow
and harvest crops on the Subject Property, as permitted in an Agricultural District.
D. Should the Subject Property not be developed as one of the permitted uses under Section
2(B) within 20 years of the effective date of this Agreement, the zoning designation for
the Subject Property shall revert to R-1 Single Family Suburban Residence District.
E. Owner shall be required to submit any and all plans for review and approval by the City
Council prior to commencing any construction, grading or other work on the Subject
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Property. No building or other permits shall be issued by the City regarding the Subject
Property, nor shall any construction commence on the Subject Property without first
obtaining approval from City Council under this Section 2(E).
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.
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
651 Prairie Pointe Drive
Yorkville, Illinois 60560
Attn: City Administrator
With a copy to: Kathleen Field Off
Ottosen DiNolfo Hasenbalg&Castaldo,Ltd.
1804 North Naper Boulevard
Suite 350
Naperville,Illinois 60563
To the Owner: Drew Daniels
Daniels Malinski Yorkville Family, LLLP
405 E. Sheridan Rd.
Lake Bluff, IL 60044
Section 5. 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.
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Section 6. 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.
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 corpo do
By:
Mayor
Attest:
OA )&
Ci Clerk
DANIELS MALINSKI YORKVILLE
FAM LLL
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