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Ordinance 2007-046 200700020743 020743 Filed for Record in KENDALL COUNTY, ILLINOIS STATE OF ILLINOIS ) PAUL ANDERSON 07 - 09 -2007 At 09:43 am. ss ORDINANCE 40.00 COUNTY OF KENDALL ) RHSP Surcharge 10.013 ORDINANCE No. 2007 - Lil ORDINANCE APPROVING MINOR CHANGE TO YORKVILLE MARKET SQUARE PLANNED UNIT DEVELOPMENT AGREEMENT WHEREAS, on March 4, 2004, pursuant to notice and hearing, and in accordance with the provisions and requirements of Title 10 (Zoning), Chapter 13 (Planned Unit Developments) of the United City of Yorkville City Code and other applicable state and local laws, Progress Holdings, LLC ( "O)VNER/DEVELOPER ") and the corporate authorities of the United City of Yorkville ( "CITY ") approved and entered into the Market Square Planned Unit Development Agreement (the "PUD Agreement "), and the CITY adopted Ordinance No. 2004 -16 approving the Market Square Planned Unit Development ( "PUD ") WHEREAS, on February 27, 2007, in accordance with the requirements of the Subdivision Control Ordinance, the CITY approved the Final Plat for Yorkville Market Square, a three (3) lot subdivision; and WHEREAS, the OWNER/DEVELOPER of the Market Square PUD has petitioned the CITY for approval of a change to the plan and plat of the PUD so as to reduce a required setback on Lot 3 from twenty (20) feet to fifteen (15) feet, as set forth in Exhibit "A" hereto; and WHEREAS, Section 4.B.(ii) of the PUD Agreement provides that minor changes to the PUD may be processed without Plan Commission Review or public hearing; and WHEREAS, upon review and consideration of the OWNER/DEVELOPER'S requested change to the PUD plan and plat, the CITY has determined that said change would not alter the concept or intent of the PUD, or the governing purposes of planned unit developments as set forth in Section 10 -13 -1 of the City Code, and would constitute a "minor" change to the PUD, as defined in Section 4.A.(ii) of the PUD Agreement; and NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, as follows: 1. That a minor change to the Yorkville Market Square Planned Unit Development and the PUD plan and plat, as set forth in Exhibit "A" hereto is hereby approved. 2. This Ordinance shall become effective upon its passage and approval as provided by law. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER b WALTER WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS JASON LESLIE -- Approved by me, as Mayor of the United City of Yorkville, Kendall County, I Illinois, this '> Day o , A.D. 2007. i MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this _;� Day of , A.D. 2007. ATTEST: \ CITY CLERK LOT 3 - P.U.D. AMENDMENT EXHIBIT r eK�K�m �.e.e; ya •r S yws i, rwv�xi iY f U.S \ _` .-- �- "•"�'�'' -��"u�`civ� wwrr v.. � .- SVR4'JNFN9AY.HO.lES ��, � ' �L � -� '^ ." - i�.`v. c .._ � � �.x�� — . -',� a _�•�._. - eo ,. �. oe�« dw. xon. � - .If ,o°D. - •..�_� -,may wv.�_ . 8 i .,a. >r.u..M,.�i,K,i .,o °.., v: ... .,. - I �a —E I p 0q I ............... .. ... ....,..L, l a j�• �I , I '� f.U.O. 40Y[NDY[NT RlOU[]TlD: LOT ] RtYlt[ ]O• YOILDIYO t[i[4CK �` ; ]LOYD ]OUTw RRORtRTT TO ,] . IL � i P ^nOCRES' HOLDINGS (; F.M�.UNee ], {d, �'° �"';' ,,,.„�..R O,�tH:. ",I'"° ""° - -. °° I LOT 3 VARIANCE EXHIBIT ..a... �._... ..� a 4277 8! ACKS70NE COURT ro ".,,n:m uw�Y.. ase sw.M� ,. n.M.,, - �� -' -'- - _ _ - _- ply" . Y,w.�a, A MIODLETON, WISCONSIN 53562 \;V� " 0v ��: "'.n]'�' " - -'�-- --- ' -- ___ _ m YORKVILLE MARKET SQUARE r _ � 1 __. 4 (606) 849 -6304 vr. eaeuz,a c.. e>].ee]vx as .o- m ..... ......,,.�.. • �� max. -� a. T � � � -� ._ ...inT � - .: - LEGAL DESCRIPTION THAT PART OF THE NORTMEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MEREDIAN, DESCRIBED AS FOLLOW: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF U.S. ROUTE 34 WITH THE EASTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47; THENCE SOUTH 04 DEGREES 52 MINUTES 00 SECONDS WEST ALONG SAID EASTERLY LINE OF ILLINOIS ROUTE 47, A DISTANCE OF 425.04 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 04 DEGREES 52 MINUTES 00 SECONDS EAST ALONG SAID EASTERLY LINE 425.04 FEET TO THE CENTER LINE OF U.S. ROUTE 34; THENCE SOUTH 83 DEGREES 46 MINUTES 47 SECONDS EAST ALONG SAID CENTER LINE 385.72 FEET; THENCE SOUTH 06 DEGREES 13 MINUTES 13 SECONDS WEST 400 FEET; THENCE SOUTH 79 DEGREES 59 MINUTES 12 SECONDS WEST 62.46 FEET TO A POINT SOUTH 85 DEGREES 06 MINUTES 00 SECONDS EAST 315.80 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 85 DEGREES 06 MINUTES 00 SECONDS WEST 315.80 FEET TO"THE POINT OF BEGINNING, (EXCEPT THAT PART ACQUIRED BY THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF ILLINOIS THROUGH PROCEEDINGS HELD IN THE CIRCUIT COURT FOR THE.I6TH JUDICIAL CIRCUIT AS CASE 74 ED 3), IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. I I I �I