HomeMy WebLinkAboutOrdinance 2024-38202600008413
DEBBIE GILLETTE
RECORDER - KENDALL COUNTY, IL
RECORDED: 06/ 12/ 2026 01.16 PM
RECORDING FEE 57.00
PAGES: S
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2024-38
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS, AUTHORIZING THE
EXECUTION OF AN ANNEXATION AGREEMENT FOR CERTAIN TERRITORY LOCATED
SOUTH OF THE BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT OF WAY AND
EAST OF ELDAMAIN ROAD TO THE UNITED CITY OF YORKVILLE
(Kelaka Property)
Passed by the City Council of the
United City of Yorkville, Kendall County, Illinois
This 131' day of August, 2024
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 August 28, 2024.
n
Ordinance No. 2024-38
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS,
AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR
CERTAIN TERRITORY LOCATED SOUTH OF THE BURLINGTON NORTHERN
SANTA FE RAILROAD RIGHT OF WAY AND EAST OF ELDAMAIN ROAD TO THE
UNITED CITY OF YORKVILLE
(Kelaka 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, the Kelaka, LLC and Green Door Capital (jointly the "Owner"), desire to
enter into an Anmexation Agreement (the "Agreement"), regarding property owned by the
Owner which is approximately 148.56 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, public hearings were conducted by the Mayor and City Council (the
"Corporate Authorities") on the Agreement on May 14, 2024 and July 23, 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 apart 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. 2024-38
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
13'h day of August, A.D. 2024.
% )6V"
I Y CLERK
KEN KOCH
AYE
DAN TRANSIER
ABESNT
ARDEN JOE PLOCHER
AYE
CRAIG SOLING
AYE
CHRIS FUNKHOUSER
AYE
MATT MAREK
AYE
SEAVER TARULIS
AYE
RUSTY CORNEILS
AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this Q>,b� day of , A.D. 2024.
Attest:
WICLERK
Ordinance No. 2024-38
Page 3
STATE OF ILLINOIS
ss.
COUNTY OF KENDALL
ANNEXATION AGREEMENT
This Annexation Agreement (hereinafter
("Agreenent"), is made and entered into this
i Z*ft,\_ day of Se--P—ikm&<024, by and between
the United City of Yorkville, a municipal
corporation, hereinafter referred to as "City" and
Kelaka, LLC and Green Door Capital, 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 148.56 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 tenns 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 pen -nit the zoning, all being pursuant to the tenns 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 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 (tine "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 5111-15.1-1 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
tern 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 witl
petition pursuant to, and in accordance
Municipal Code to annex the Subject
annexed to the City of Yorkville.
Section 2. Zoning.
1 the Cleric of the City a duly and properly executed
with, the provisions of Section 517-1-1 et seq. of the
Property and any adjacent roadways not previously
A. The City hereby agrees, contemporaneously with annexation, the Subject
Property shall be classified and shall be zoned as M-2 General Manufacturing
District,
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 fiirther 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 perfonnance 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 Orr
Ottosen DiNoifo HasenbaIg & Castaldo, Ltd.
1804 North Naper Boulevard
Suite 350
Naperville, Illinois 60563
To the Owner: Kelaka, LLC
181 S. Lincolnway
North Aurora, IL, 60542
To the Purchaser: Matt Gilbert
Green Door Capital
837 W. Junior Ter
Chicago, IL 60613
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.
Section d. 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 tenns, conditions, and provisions of this Agreement are declared
to be severable.
Q
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.
ttest:
ity Clerk
United City of Yorkville, an Illinois
LM
Ifelaka, LLC
By: 6
Owner
4
EXHIBIT "A"
LEGAL DESCRIPTION
That part of Section 19, Township 37 North, Range 7 East of the Third Principal Meridian, in
Bristol Township, Kendal[ County, Illinois, described as follows:
Beginning at the Center of said Section 19; thence South 00 Degrees 46 Minutes 07 Seconds
East, along the quarter section line, a distance of 257.40 feet; thence North 83 Degrees 55
Minutes 03 Seconds West, 1944.30 feet to a point on the north line of the Southwest Quarter of
said Section 19, which is 1930.58 feet South 88 Degrees 28 Minutes 32 Seconds West from the
Center of said Section 19; thence South 88 Degrees 28 Minutes 32 Seconds West along said
north line, 204,49 feet; thence North 03 Degrees 24 Minutes 35 Seconds East, 2079.52 feet to the
southerly Right -of -Way line of the Burlington Northern - Sante Fe Railway; thence North 73
Degrees 57 Minutes 26 Seconds East along said southerly Right -of -Way line, 2417.61 feet;
thence South 00 Degrees 41 Minutes 37 Seconds West, 565.44 feet to the centerline of Faxon
Road; thence South 74 Degrees 54 Minutes 09 Seconds East along the centerline, 678.89 feet to
a point that is 350.00 feet North 74 Degrees 54 Minutes 09 Seconds West of the centerline of
Beecher Road; thence South 13 Degrees 26 Minutes 37 Seconds West, 570.50 feet; thence South
76 Degrees 33 Minutes 23 Seconds East, 96.63 feet; thence South 00 Degrees 57 Minutes 56
Seconds East, 654.81 feet; thence South 68 Degrees 41 Minutes 58 Seconds West, 390.87 feet;
thence South 46 Degrees 38 Minutes 37 Seconds West, 784.04 feet to the quarter section line;
thence South 00 Degrees 46 Minutes 07 Seconds East, along said quarter section line, 32.36 feet
to the Point of Beginning
Area: ' 148.96 Acres MOL
Property Location: Vacant Farm Land in Section 19 of Township 37 North southerly of the
BSNF Railroad ROW and Faxon Road
PINS: Part of 02-19-100-011,
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