Ordinance 2007-057 200700034413
Filed for Record in
KENDALL COUNTY, ILLINOIS
RENNETTR S MICKELSON
11 -29-2007 At 09;68 am.
ORDINANCE 41.00
RHSF Surcharge 10.00
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
i
ORDINANCE NO. 2007- *.�7
ORDINANCE APPROVING THE REZONING
OF CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AND
PLANNED UNIT DEVELOPMENT AGREEMENT
(Westhaven Planned Unit Development)
WHEREAS, Marquette Land Investments (OWNER/DEVELOPER) is the legal
owners of record of property described on Exhibit "A" attached hereto and incorporated
herein (the "Property"), and
WHEREAS, OWNER/DEVELOPER is party to an amendment to the Annexation
Agreement and Planned Unit Development Agreement approved under Ordinance No.
2006 -132 and recorded in the office of the recorder of the County of Kendall on March
14, 2007 as Document No. 200700008678 (the "Amended Agreement ") ; and
WHEREAS, under the Amended Agreement, the parties agreed that the Property
would be re -zoned by the City to B -3 Business District for development and use with the
Permitted Uses in the B -3 Business District under the Yorkville Zoning Code, being Title
10 of the City Code of the United City of Yorkville, Illinois; and
WHEREAS the OWNER/DEVELOPER has made application by petition for the
rezoning of the Property to B -3 Business District; and
WHEREAS, said petition was duly referred by the City Clerk to the City Council of the
United City of Yorkville, who, in turn, referred said application to the Yorkville Plan
Commission for study and recommendation, and to the Yorkville Economic Development
Committee for recommendation of a final decision; and
WHEREAS, the Yorkville Plan Commission and the Yorkville Economic
Development Committee have recommended the rezoning of the Property as requested; and
WHEREAS, all notice, hearing and other procedural requirements provided in the
Amended Agreement, and by state statute and the Yorkville Zoning Code have been fully
complied with.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE AS FOLLOWS:
1. The findings of fact and conclusions contained in the aforesaid preamble recitals
of this Ordinance are hereby determined and accepted.
2. The City Council approves the recommendation of the Plan Commission
and hereby rezones the property as follows: a B -3 Business District with the uses listed
as Permitted Uses in the B -3
I
3. The Yorkville City Clerk is hereby directed to file and keep on record said a
I
certified copy of this Ordinance after its passage and signing by the Mayor, and file said
i
Ordinance after its passage and signing with the applicable County Recorders Office and the
applicable County Clerk, at the earliest possible time.
i
4. This Ordinance shall be in full force and effect from and after its passage
i
and approval as provided by law.
I
II
1
I
ROBYN SUTCLIFF JOSEPH BESCO
GARY GOLINSKI ARDEN JOSEPH PLOCHER�
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS _ JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this Day of , A.D. 2007.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this VA day of , A.D. 2007.
ATTEST:
� CITY CLERK
EXHIBIT A
LEGAL DESCRIPTION OF B -3 COMMERCIAL PARCEL
PARCEL 1:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5, THAT PART OF
THE SOUTHWEST QUARTER OF SECTION 4, THAT PART OF THE NORTHEAST
QUARTER OF SECTION 8 AND THAT PART OF THE NORTHWEST QUARTER
OF SECTION 9 ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
IRON ROD MONUMENTING THE SOUTHEAST CORNER OF SAID SECTION 5;
THENCE NORTH 01 DEGREE 15 MINUTES 55 SECONDS WEST ALONG THE
EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE
OF 1,550.82 FEET; THENCE NORTI188 DEGREES 44 MINUTES 05 SECONDS
EAST 409.15 FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE TO
THE POINT OF BEGINNING; THENCE NORTH 90 DEGREES 00 MINUTES 00
SECONDS EAST 221.96 FEET; THENCE NORTH 37 DEGREES 44 MINUTES 29
SECONDS EAST] 15.96 FEET; THENCE SOUTH 89 DEGREES 12 MINUTES 43
SECONDS EAST 196.55 FEET TO THE CENTERLINE OF ROB ROY DITCH;
THENCE SOUTH 02 DEGREES 13 MINUTES ]0 SECONDS WEST 1,336.52 FEET
ALONG SAID CENTERLINE; THENCE SOUTH 29 DEGREES 12 MINUTES 38
SECONDS WEST 600.81 FEET TO THE CENTERLINE OF GALENA ROAD AS
NOW ESTABLISHED; THENCE NORTH 73 DEGREES 55 MINUTES 29 SECONDS
WEST ALONG SAID CENTERLINE 677.76 FEET; THENCE NORTH 02 DEGREES
56 MINUTES 50 SECONDS WEST 348.47 FEET; THENCE NORTH 16 DEGREES 11
MINUTES 58 SECONDS EAST 599.13 FEET; THENCE NORTH 28 DEGREES 26
MINUTES 55 SECONDS EAST 750.54 FEET TO THE POINT OF BEGINNING, ALL
IN KENDALL COUNTY, ILLINOIS.
Exhibit "A" page 1 of 2
PARCEL 2:
THAT PART OF THE WEST HALF OF SECTION 4, PART OF EAST HALF
SECTION 5, PART OF THE NORTHEAST QUARTER OF SECTION 8, ALL IN
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE IRON ROD
MONUMENTING THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE
NORTH 01 DEGREE 15 MINUTES 55 SECONDS WEST ALONG THE EAST LINE
OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 1,550.82
FEET; THENCE NORTH 88 DEGREES 44 MINUTES 05 SECONDS EAST 409.15
FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE TO THE POINT OF
BEGINNING; THENCE SOUTH 28 DEGREES 26 MINUTES 55 SECONDS WEST
750.54 FEET; THENCE SOUTH 16 DEGREES 11 MINUTES 58 SECONDS WEST
599.13 FEET; THENCE SOUTH 02 DEGREES 56 MINUTES 50 SECONDS EAST
348.47 FEET TO THE CENTERLINE OF GALENA ROAD; THENCE NORTH 73
DEGREES 55 MINUTES 29 SECONDS WEST ALONG SAID CENTERLINE 296.00
FEET; THENCE NORTH 00 DEGREES 32 MINUTES 31 SECONDS EAST 3,700.25
FEET TO THE SOUTHERLY RIGHT -OF- WAY LINE OF THE COMMONWEALTH
EDISON COMPANY; THENCE NORTH 87 DEGREES 56 MINUTES 31 SECONDS
EAST 1,222.89 FEET TO THE CENTERLINE OF ROB ROY DITCH; THENCE
SOUTH 03 DEGREES 43 MINUTES 10 SECONDS EAST ALONG SAID CENTER
LINE 577.07 FEET; THENCE SOUTH 01 DEGREES 49 MINUTES 41 SECONDS
WEST ALONG SAID CENTERLINE 298.55 FEET; THENCE NORTH 89 DEGREES
00 MINUTES 53 SECONDS EAST 15.64 FEET TO THE WEST RIGHT -OF -WAY
LINE OF ILLINOIS ROUTE 47 PER DOCUMENT 907256; (THE NEXT 5 COURSES
ARE ALONG THE WEST RIGHT -OF -WAY LINE OF ILLINOIS ROUTE 47 PER
DOCUMENTS 90756 AND 90757):
SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST 170.64 FEET;
THENCE NORTH 89 DEGREES 50 MINUTES 14 SECONDS EAST 10.00 FEET;
THENCE SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST 1000.00 FEET;
THENCE SOUTH 89 DEGREES 50 MINUTES 14 SECONDS WEST 10.00 FEET;
THENCE SOUTH 00 DEGREES 09 MINUTES 46 SECONDS EAST 71.20 FEET;
THENCE SOUTH 87 DEGREES 52 MINUTES 41 SECONDS WEST 22.10 FEET TO
THE CENTERLINE OF ROB ROY DITCH; THENCE SOUTH 02 DEGREES 13
MINUTES 10 SECONDS WEST ALONG SAID CENTERLINE 37.11 FEET;
THENCE NORTH 89 DEGREES 12 MINUTES 43 SECONDS WEST 196.55 FEET;
THENCE SOUTH 37 DEGREES 44 MINUTES 29 SECONDS WEST 115.96 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST 221.96 FEET TO
THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS.
Exhibit "A" page 2 of 2