Ordinance 2009-09A I
STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL ) L20 0 (:Ey `ko 11?s gin_ .0 r) 7 Z1l
Lo AL. J lr.: .JL. V:-
10-'1110W-1- 031JNTY, 31
RECD UEU. 5/14/2009 1:24 PM
Ordinance No. 2009- 0 0 1 A wl: 64.00 RHVS r«: 10.00
PAGES: 19
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING AN AMENDMENT TO THE ANNEXATION AGREEMENT OF HINSBROOK BANK
TRUST #03 -008 (LANIOSZ COMMERCIAL PROPERTY, ROUTE 71)
WHEREAS, the United City of Yorkville (the "City ") is a duly organized and validly existing
non - home -rule municipality created in accordance with Article VII, Section 7 of the Constitution of the
State of Illinois of 1970; and,
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WHEREAS, the City and Hinsbrook Bank Trust, as Trustee under Trust No. 03 -008 (the
"Owner "), entered into an Annexation Agreement which was recorded with the Kendall County
Recorder on July 9, 2007, as Document No. 200700020738 (the "Original Agreement ")
WHEREAS, certain real property was the subject matter of the Original Agreement comprising
approximately 3.127 gross acres, including two (2) parcels of real estate, a 2.003 acres parcel ( "Parcel
A ") and a 1.124 acre parcel ( "Parcel B "); and,
WHEREAS, the Owner has submitted a Petition to Amend the Original Agreement to include a
site plan for Parcel B; and,
WHEREAS, a public hearing was held by the City Council on February 10, 2009, on the
Petition to Amend the Original Agreement and notice of said public hearing was duly published as
required by the statutes of the State of Illinois; and,
WHEREAS, the Mayor and City Council deem it necessary to approve the proposed First
Amendment to the Original Agreement, attached hereto, which is in the best interests of the health,
safety, and welfare of its citizens.
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 attached First Amendment to Annexation Agreement of Hinsbrook Bank Trust
#03 -008 (Laniosz Commercial Property, Route 71) is hereby approved, and, the Mayor and City Clerk
are hereby authorized and directed to execute and deliver same.
Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
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Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
Day of�+..�•� , A.D. 2009.
7 C . A
ROBYN SUTCLIFF JOSEPH BESCO
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH_ MARTY MUNNS
ROSE ANN SPEARS U h BOB ALLEN
V
d City of Yorkville Kendall Cou Approved by me, as Mayor of the Unite y y, , this
10 Day of rE6 K U A R V , A.D. 2009.
MAYOR
2
STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
FIRST AMENDMENT TO ANNEXATION AGREEMENT
OF HINSBROOK BANK TRUST #03 -008
(LANIOSZ COMMERCIAL PROPERTY, ROUTE 71)
THIS FIRST AMENDMENT TO ANNEXATION AGREEMENT by and between
Hinsbrook Bank Trust, as Trustee under Trust No. 03 -008 ( "Owner ") and the United City of
Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois ( "City") (the
T(f !
"Original Agreement "), is made and entered into this LO day of February, 2009 ( "First
Amendment ").
WITNESSETH:
WHEREAS, Owner of the real property which is the subject matter of the Original
Agreement comprising approximately 3.127 gross acres, and legally described in Exhibit A
attached thereto (the "Subject Property") consists of two (2) parcels of real estate, a 2.003 acres
parcel ( "Parcel A ") and a 1.124 acres parcel ( "Parcel B "); and,
WHEREAS, the Subject Property was previously annexed to the City pursuant to the
Original Agreement which was recorded with the Kendall County Recorder on July 9, 2007, as
Document No. 200700020738; and,
WHEREAS, pursuant to the Original Agreement, the Subject Property was zoned B -3
Service Business District under the City Zoning Ordinance with certain restrictions of use; and,
WHEREAS, the Owner has submitted a Petition to Amend the Original Agreement
which petition requests the Site Plan attached to the Original Agreement as Exhibit C -1 thereto
(which only reflected development on Parcel A) be amended to include a site plan for Parcel B;
and,
WHEREAS, the Owner has agreed to improve the existing greenhouse as located on
Parcel B, and install the vegetative screening as depicted and described on Exhibit C -1 attached
hereto and made a part hereof; and,
WHEREAS, the City's Comprehensive Plan recommends future extension of the
Beecher Road alignment that may result in the need for the City to acquire from the Owner a
right -of -way necessary for this roadway improvement and the Owner is prepared to commit to
negotiate in good faith in the event such acquisition is requested; and,
WHEREAS, the City's Comprehensive Plan recommends a future pedestrian, multi -use
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trail alignment that may result in the need for the City to acquire right -of -way and /or easements
necessary for this improvement and the Owner is prepared to commit to negotiate in good faith
in the event such acquisition is requested; and,
WHEREAS, the City's Plan Commission has considered the Petition to Amend the
Original Agreement as relating to Parcel B; and,
WHEREAS, a Public Hearing was held by the City Council on February 10, 2009, on
the Petition to Amend the Original Agreement and Notice of said Public Hearing was duly
published as required by the statutes of the State of Illinois; and,
WHEREAS, in accordance with the powers granted to the City by the provisions of 65
ILCS 5/11- 15.1 -1 through 51.1 -5, inclusive, relating to Annexation Agreements, the Parties
hereto wish to enter into an amendment with respect to the development of Parcel B and to
provide for various other matters related directly or indirectly to the development of Parcel B
thereof.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the Parties agree, under the terms and authority provided in Sections 11- 15.1 -1
to 11- 15.1 -5 of the Illinois Municipal Code as follows:
1. The Original Agreement is hereby amended as follows:
A. Exhibit C -1 as attached to the Original Agreement, which exhibit depicts a
site plan for Parcel A is hereby amended with Exhibit C -1 attached to this
First Amendment as the new site plan for Parcel B.
B. The Owner hereby covenants and agrees to develop Parcel B in substantial
conformance with said Exhibit C -1 attached hereto and agrees to install
the vegetative screening as depicted thereon on or before May 25, 2009.
C. The Owner hereby covenants and agrees to maintain all structures on
Parcel B and all approved vegetative screening, or replace as necessary.
D. The Owner acknowledges the City Comprehensive Plan recommends a
future extension of the Beecher Road alignment that may result in the need
for the City to acquire right -of -way necessary for this roadway
improvement. The Parties agree to cooperate and negotiate in good faith
when said acquisition is necessary.
E. The Owner acknowledges the City Comprehensive Plan recommends a
future pedestrian, multi -use trail alignment that may result in the need for
the City to acquire right -of -way and/or easements necessary for this trail
improvement. The Parties agree to cooperate and negotiate in good faith
when said acquisition is necessary.
2. It is understood and agreed by the Parties hereto that time is of the essence of this
Agreement and that all of the Parties will make every reasonable effort, to expedite the subject
matter hereof. It is further understood and agreed by the Parties that the successful
consummation of this Agreement requires their continued cooperation.
3. This First Amendment to the Original Agreement shall be binding upon and inure
to the benefit of the Parties hereto, and their heirs, successors and assigns.
4. Any notices required hereunder shall be in writing and shall be served upon any
other party in writing and shall be delivered personally or sent by registered or certified mail,
return receipt requested, postage prepaid, addressed as follows:
If to the City:
City Clerk
800 Game Farm Road
Yorkville, Illinois 60560
with a copy to:
Kathleen Field Orr, City Attorney
800 Game Farm Road
Yorkville, Illinois 60560
To Owner:
Wayne Hummer Trust Co., Trust #03 -008
Linda Pitrowski, Trustee
10358 S. Western Avenue
Chicago, Illinois 60643
with a copy to:
Boyd Ingemunson, Attorney
226 South Bridge Street
Yorkville, Illinois 60560
or to such other addresses as any party may from time to time designate in a written notice to the
other Parties.
5. This Agreement shall be enforceable in any court of competent jurisdiction in
Kendall County, Illinois, by any of the Parties hereto by an appropriate action of law or in equity
to secure the performance of the covenants herein contained.
In the event any portion of this First Amendment becomes unenforceable due to
any change in the applicable law or court decisions, said unenforceable portion of this First
Amendment shall be excised here from and the remaining portions thereof shall remain in full
force and effect.
6. The City agrees to adopt any ordinances which are required to give legal effect to
the matters contained in this First Amendment or to correct any technical defects which may
arise after the execution of this First Amendment.
7. Except to the extent modified herein, all of the terms and conditions as set forth in
the Original Agreement are hereby affirmed as if fully restated.
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IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this
1 day of E6 ��R , 2009.
UNITED CITY OF YORKVILLE
By:
Valerie Burd, Mayor
Attest:
Ci r
Dated:
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Ownerwayne Hummer Trust Co., Successor Trustee to
HINSBROOK BANK TRUST #03 -008
By:�_
Linda Pitrowski, Tr zstee
Attest:
RID�R ATTACHED HERETO) IS EXPRESSLY
MADE A PART HEREOF
Dated:
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This document is executed by WAYNE HUMMER TRUST COMPANY, N.A. Successor Trustee to
Hinsbrook Bank and Trust, not personally but as Trustee under Trust No. 03 -008 as aforesaid, in the exercise
of power and authority conferred upon and vested in as said Trustee as such, and it is expressly understood and
agreed that nothing in said document contained shall be construed as creating any liability on said Trustee
personally to pay any indebtedness accruing thereunder, or to perform any covenants, either expressed or
implied including but not limited to warranties, indemnifications and hold harmless representations in said
document (all such liability, if any, being expressly waived by the parties hereto and their respective successors
and assigns) and that so far as said Trustee is concerned, the owner of any indebtedness or right accruing under
said document shall look solely to the premises described therein for the payment or enforcement thereof, it
being understood that said Trustee merely holds legal title to the premises described therein and has no control
over the management thereof or the income therefrom, and as no knowledge respecting any factual matter with
respect to said premises, except as represented to it by the beneficiary or beneficiaries of said trust. In event of
conflict between the terms of this rider and of the agreement to which is it attached, on any questions of
apparent liability or obligation resting upon said Trustee, the provisions of this rider shall be controlling.
WAYNE HUMMER TRUST COMPANY
N.A.Successor Trustee to Hinsbrook Bank and
Trust not individually, but As Trustee under Trust
Agreement dated 04/21/2003 known as Trust
number 03 -008
ssistant Vice President
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Exhibit List
Exhibit A Legal Description
Exhibit C -1 Site Plan — Parcel B
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EXHIBIT "A
LEGAL DESCRIPTION OF TRACT TO BE ANNEXED:
That part of the Southwest Quarter of Section 5 and part of the Northwest Quarter
of Section 8, Township 36 North, Range 7 East of the Third Principal Meridian,
described as _ follows: Commencing at the Southeast Corner of said Section 5; thence
North 05'47'00 West, 252.75 feet to the Tangent of the Centerline of Illinois Route
No. 71, said point being P.I. Station 1425 +19.65 of said Centerline; thence South
85'37'00" West, along said Tangent and along the Centerline and along a Tangent of
said Centerline, 2089.48 feet to P,I. Station 1404-33.50; thence South 74'14'00"
West, along the Tangent and along the Centerline of said Illinois Route No. 71, 1855.80
feet; thence North 18'07'30" West, 69.20 feet to the Northerly Line of said Illinois
Route No, 71; • thence North 74'42'30" East, along said Northerly Line, 209.0 feet for
the point of beginning; thence North 18'07'30" West, 418.0 feet; thence North
74'42'30" East, parallel with the Northerly Line of said Illinois Route No. 71, 209.0 feet;
thence South 18'07'30" East, 418.0 feet to the Northerly Line of said Illinois Route
No, 71; thence South 74'42'30" West, along said Northerly Line, 209.0 feet to the
point of beginning in Kendall Township, Kendall County, Illinois and containing 2.003
acres as said Property Is depicted on a Plat of Survey by Francis E. Sexton, Illinois
Professional Land Surveyor No, 1466, dated September 21, 1965, which Survey
apparently created this Parcel as shown, and that this Survey is based solely on the
monumentation which remains from said "Sexton Survey ".
AND ALSO:
That part of the Southwest Quarter of Section 5 and that Part of
the Northwest Quarter of Section 8, Township 36 North, Range 7
East of the Third Principal Meridian described as follows:
Commencing at the Southeast Corner of said Section 5; thence
North 05'4700" West, 252.75 feet to the tangent centerline of
Illinois Route No. 71, said point being P.I. Station 1425 +19.65
of said centerline; thence South 85'37'00" West, along said
tangent and along the centerline and along a tangent of said
centerline, 2089.48 feet to P.I. Station 1404 +33.50; thence
South 7414'00" West, along the tangent and along the centerline
of said Illinois Route No. 71, 1855.80 feet; thence North
18'07'30" West, 69.20 feet to the Northerly Line of said Illinois
Route No. 71; thence North 74'42'30" East, along said Northerly
Line, 418.0 feet; thence North 18'07'30" West, 440.0 feet for
the point of beginning; thence South 18'07'30" East, 440.0 feet
to said Northerly Line; thence North 7442'30" East, along said
Northerly Line, 80.0.feet; thence North 1607'30" West, 200.0
feet; thence North 07'59'19" East, 260.95 feet; thence South
74'42'30" West, 195.0 feet to the point of beginning in Kendall
Township, Kendall County, Illinois and containing 1.124 acres.
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:XHIBIT A
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Accurate Map of$�
LEGAL DESCRIP7709 OF TRACT TO BE A4t4EitED:
Territory Annexed to
11re1 poet of N• Seathrerret Quarter of See0alt 5 and "m as the Northwest f7uarler
THE UNITED CITY 0 F YO R KV I LLE of fted IL at c- h(p 38 I enel Ran,• 7 Ensf d the mar Phrapni Cllw fan, v v,
de■cnbed as; fdlv�v: Gemmenefnq at 111[ SoutAeasl Comer of said Snellon 5; thence
North 0747'00 WesL ZSZ -75 feel to the % of Ihs Cenlerfrne of Illinois Route - ,
No. 71, Road point bring P.I. Steven 1475 +f9.55 of void Cerrlenine: ttx c# South
Kendall County I l l i n o i s 65'.17'00' Won
00' West, g 3o4 Tangent and long the Canlarl ne an ng
d along a Tornt of o e 0
said Canterrine, 2089.45 feet to I.I. StoVon 1404 +33.50: theme South 7x'14'00" vr p
;71 �• West, long the Tangent vnd abna the Centerline of said Illinois Route No. 71, 11 WAO co s -
4 , 4 Z30'E feel; lherrce North Wo7'30' Weet, 64.20 feet to the Northerly Uns d sold 1Pino:s
tiT Houle No. 71, thence ttarth 74'42'30' East, along sod Northedy tine. 209.0 faN_ for
the point of beginn�..••nnqq thence No th 16'07'30" Weal, 418.0 feel-. thence North
74'42'30' Dot, pordid with the Nortnerty Line of void Kne:s Route No. 71, 209.0 feel:
Drsree South 1507 JO" Ewell. 416,0 feet to the Norlha iy Line of said Illinois Route
Ns. 714 u South 74 West, abM7 vaid Norlhedly Ura, 209.0 feet to the
m pint of beginning our Kendall Tawashio, %ado9 Co..ly, Illinois and eer.toininq 2.003 V n
•x acres ea sold Property is deph-Red an a Plot of Survey by Francis E. Sexton, tlnrefv
"assralel Lend Surveyor No 1406, dated September 21, 1965. which Survey c
aoparenlly created iNs Poreel as shown, end That this Survey is haeed seedy on the o
menumentaupn rf4eh remains hem said Seaton Survey'. _ .
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AND AISO: N ve
X42 r 0, That pat of the SaKlhvest OuoAer of section 5 and Mat Pen of
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the Nerlhwsst: Dearter, d Section B. Tonnship 36 Norlk Pangs 7
d tb
QJ �rl East !_T111141 'PfYrcipol Verdian described ss 9e0~. V
O 01 Commenting at the Soulheasi fermi of void Saetisn 5: thvlu O 1
ZQ9• d North 05'4700' West, 252.75 feet to the longenl centerline of N
to ^II •184 k23p'E. Ilkwb Route No. 7T, said ;Taint being Pi. 5tdtion f4Z5 +14.65 t9
ey
3D 7k of said aenterfine: thence South 8537'00" West, olong said ?
C4Z N tanggent and at" the cenleflP and 'I. g a tav"ngenl of said
ew eenterfine, 2089.48 hat to P1. Station 1404+33,50: than. Q
A. a Or' South 74'14'00' West. along Ihs talesnt end chill the the eaaLaBm S.
� or said Wsois Routs No 77. 1655.80 feet Thence North
Z m C 1$07'30' Wesl, 69_2D feet to the North" Line of said Mlnois
Route No. 71: thence North 7. East. along sold Northerly Q =_
Lot G IN," a Lina. 418.0 feet thence North 1607'30' Wes4 440_0 feet for <
r to "J Z the point of begi"rr0q: thence South 18'07'30 Evet, 440.0 feet
s to noid Northerly Lh e: thence North 74'42'30' East, alon void
W y q Norlherfj Lim 80.0 feet: thence North 18'07'30" W.A. 20D 0 SCA a
Z O L feet. vcnce North 0739'19' East, 260.95 feet: thence South 1 0=100'
CR C 7442'30' West, 195.0 feet to the paint a begirninq in Kendall O
o q Taensh4L Kendal Cas1ty. lnlrx s arld oont -M 1. >24 acre_ }_ f
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