Ordinance 2007-071 a 200700032391
0032391
Filed for Record in
KENDALL COUNTY? ILLINOIS
PAUL ANDERSON
11-02-2007 At 1151 am,
ORDINANCE 443.00
STATE OF ILLINOIS ) RHSP Surcharge 10.00
)ss
COUNTY OF KENDALL )
ORDINANCE NO. 2007-
AN ORDINANCE VACATING
A PORTION OF SLEEPY HOLLOW ROAD
WHEREAS, on September 26, 2006, the United City of Yorkville, pursuant to
Ordinance 2006 -114, entered into an annexation agreement with the owner of the
property abutting a portion of Sleepy Hollow Road, a prescriptive road located south of
Route 71 and now within the United City of Yorkville; and
WHEREAS, among the many other terms and conditions of the annexation
agreement, paragraph 15. of said agreement provides, among other things, that the City
shall adopt any required ordinances to cause the vacation of a portion of Sleepy Hollow
Road; and
WHEREAS, on October 24, 2006, the City adopted Ordinance 2006 -124
purporting to vacate a portion of Sleepy Hollow Road pursuant to the said annexation
agreement, said portion being described in the attached Exhibit "A" which is the legal
description for the vacated road as well as the attached Exhibit "B" which is a Plat of
Vacation representing the vacated area; and
WHEREAS, the United City of Yorkville has received another demand from the
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owner under the annexation agreement that the City vacate said portion of Sleepy
Hollow Road; and
WHEREAS, it is the intention of the United City of Yorkville, if and to the extent
that it is legally obligated to do so pursuant to the annexation agreement or otherwise, to
vacate said road subject to and only effective upon, all of the terms and conditions
contained herein; and
WHEREAS, the City Council of the United City of Yorkville has determined that the
public interest will be subserved by the passage and adoption of this Ordinance.
NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, pursuant to the annexation agreement and subject to its
legal authority granted under 65 ILCS 5/11 -91 -1 et seq., as follows:
SECTION 1: The property described on Exhibit "A" and depicted on Exhibit "B" and
commonly known as Sleepy Hollow Road is hereby vacated, without compensation by the
abutting property owners, but subject to all of the following conditions precedent:
A. This Ordinance shall be in full force and effect from and after its passage and
approval as provided by law, provided however, the right -of -way vacation shall not
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become effective until the grant of final and non - appealable siting approval for a
pollution control facility for the land adjacent to the Sleepy Hollow Road right -of -way to
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be vacated, or upon final plat of any development upon such land, whichever occurs first;
and
B. This Ordinance shall be in fall force and effect from and after its passage and
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approval as provided by law, provided however, the right -of -way vacation shall not
become effective if, upon satisfaction of the conditions set forth in sub - paragraph A., the
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owner of the abutting property, North Star Trust Company under trust dated August 8,
2006, No. 06 -9993, or its successor in interest, has not performed all of its obligations
then due under the annexation agreement calling for the right -of -way vacation; and
C. This Ordinance shall be in full force and effect from and after its passage and
approval as provided by law, provided however, the right -of -way vacation shall not
become effective if, upon satisfaction of the conditions set forth in sub - paragraph A., the
land abutting the Sleepy Hollow Road right -of -way to be vacated is not at that time
incorporated territory in the United City of Yorkville; and
D. This Ordinance shall be in full force and effect from and after its passage and
approval as provided by law, provided however, the right -of -way vacation shall not
become effective if, upon satisfaction of the conditions set forth in sub - paragraph A., the
annexation agreement approved under Ordinance 2006 -114 has been terminated or is
otherwise not legally effective.
E. This Ordinance shall be in full force and effect from and after its passage and
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approval as provided by law, provided however, as consideration for the vacation and to
provide for potential future roadway needs, the owner of the abutting property, North
Star Trust Company under trust dated August 8, 2006, No. 06 -9993, or its successor in
interest, has first dedicated, at no cost to the City, right of way to provide necessary and
direct access from the southern terminus of that portion of Sleepy Hollow Road to be vacated
herein, to Illinois Route 71 at a location that does not interfere or conflict with the approved
uses of the North Star Trust Company property.
If any terms or provisions of this sub - paragraph E., or the application of such
terms or provision to any person or circumstance, shall be held invalid by a court of
competent jurisdiction, such term or provision shall be deemed severed from the
remainder of this Ordinance and the remainder of this Ordinance, and the remainder of
this sub - paragraph E., and the application of such remaining provision to persons or
circumstances other than those as to which it is held invalid, shall not be affected thereby.
SECTION 2: The City clerk is hereby directed to record with the Kendall County
Recorder a certified copy of this Ordinance, together with Exhibit "B" the Plat of Vacation
attached to this Ordinance.
ROBYN SUTCLIFF JOSEPH BESCO
GARY GOLINSKI ARDEN JOSEPH PLOCHER y
WALTER WERDERICH MARTY MUNNS y
ROSE ANN SPEARS JASON LESLIE V
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
o� J Day of O C% O 6 E P , A.D. 2007.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of Q C l O Q CP , A.D. 2007.
ATTEST:
'b r puTy CITY CLERK
C/56324.2
EXHIBIT "A"
VACATION OF SLEEPY HOLLOW ROAD
That part of Sections 14 and 23, Township 36 North, Range 6 East of the Third Principal
Meridian described as follows: That part of Sleepy Hollow Road lying south of the south
line of Illinois Route 71 and north of a line which bears south 89 degrees 55 minutes 26
seconds west and the easterly prolongation of said line at a point 1935.49 feet north of the
south quarter corner of said section 23, in Kendall County Illinois
PLAT OF VACATION
OF SLEEPY HOLLOW ROAD IN SECTIONS 14 AND 23, TOWNSHIP 36 NORTH, RANGE 6 EAST
OF THE THIRD PRINCIPAL MERIDIAN IN FOX TOWNSHIP, KENDALLCOUNTY, ILLINOIS
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o United City of Yorkville
800 Game Farm Road
EST. , 1836 Yorkville, Illinois 60560
.4 -� Telephone: 630 -553 -4350
0� Fax: 630 -553 -7575
VenEetl Camry
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CERTIFIED
CERTIFIED COPY AFFIDAVIT
I, Lisa Pickering, Deputy Clerk in and for the United City of Yorkville, Kendall County, State of Illinois,
and Legal Custodian of the records, files and seal of said City do hereby certify this is a full and complete
copy of the original document identified as Ordinance No. 2007 -71— An Ordinance Vacating a Portion of
Sleepy Hollow Road.
Dated this 31 day of October, 2007.
Lisa Pickering, Deputy Clerk
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SEAL