Ordinance 2007-018 200700013890
Filed for Record in
KENDALL COUNTYP ILLINOIS
STATE OF ILLINOIS ) PAUL ANDERSON
)ss 04 -27 -2007 At 11103 am.
COUNTY OF KENDALL ORDINANCE 49.00
RHSP Surcharge 10.00
ORDINANCE NO. 2007-
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT
BETWEEN
UNITED CITY OF YORKVILLE,
AND
TDC YORKVILLE SHOPPING CENTER II, LLC
WHEREAS, it is prudent and in the best interest of the UNITED CITY OF
YORKVILLE, Kendall County, Illinois, that a certain Amended Planned Unit
Development Agreement pertaining to the real estate described on the Exhibit "A"
attached hereto and made a part hereof entered into by the UNITED CITY OF
YORKVILLE; and
WHEREAS, said Amended Planned Unit Development Agreement has been drafted
and has been considered by the City Council; and
WHEREAS, the legal owners of record of the territory which is the subject of said
Agreement are ready, willing and able to enter into said Agreement and to perform the
obligations as required hereunder; and
Page 1 of 3
WHEREAS, the statutory procedures provided in 65 ILCS 11- 15.1.1, as amended,
for the execution of said Amended Planned Unit Development Agreement has been fully
complied with; and
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE
CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY,
ILLINOIS, AS FOLLOWS;
Section 1: The Mayor and the City Clerk are herewith authorized and directed to
execute, on behalf of the City, an Amended Planned Unit Development Agreement
concerning the real estate described therein, a copy of which Amended Planned Unit
Development Agreement is attached hereto and made a part hereof.
Section 2: This ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
JAMES BOCK JOSEPH BESCO
VALERIE BURD PAUL JAMES
DEAN WOLFER MARTY MUNNS
ROSE SPEARS JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this Qr% Day of ` Q. , A.D. 2007.
MAYO
Page 2of3
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this �_ day of A.D. 2007.
ATTEST:
� U �
CITY CLERK
I
I
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Page 3 of 3
STATE OF ILLINOIS )
)SS.
COUNTY OF KENDALL )
' I
I
AMENDMENT TO
PLANNED UNIT DEVELOPMENT
BETWEEN
UNITED CITY OF YORKVILLE
AND
TDC YORKVILLE SHOPPING CENTER II, LLC
THIS AMENDMENT to the Planned Unit Development is made and entered into this of 1
day of FE6 , 2007, byandbetweenTHE UNITED CITY OFYORKVILLE ; an Illinois Municipal
corporation, located in Kendall County, Illinois, hereinafter referred to as "CITY ", and TDC
YORKVILLE SHOPPING CENTER II, LLC, hereinafter referred -to as "DEVELOPER," upon the
following terms and conditions:
WITNESSETH
WHEREAS, the Developer holds legal title to the real property which is currently located
within the municipal boundaries of the CITY and described in Exhibit "A" ( "PROPERTY ") which
is attached hereto and made a part hereof; and
WHEREAS, the DEVELOPER is desirous of amending certain provisions of the Planned
Unit Development Agreement dated March 30, 2001, as well as abrogating a building and
landscaping line on Lot 9; and _
WHEREAS, the DEVELOPER of the Property described in Exhibit "A" has requested the
CITY to approve this Amendment to the Planned Unit Development Agreement for the Property;
and its Plan Commission has considered the Petition and the City Council has heretofore approved
the proposed land use and the zoning of the same at the request of the Developer; and
WHEREAS, allparties to this Amended Agreement are desirous of setting forth certainterms
and conditions upon which the Property heretofore described in Exhibit "A" will be developed
within the City in an orderly manner.
WHEREAS, OWNER and their representatives have discussed the proposed amendment to
Planned Unit Development Agreement and the development of all the PROPERTY and have had
public meetings with the Plan Commission, and the City Council; and prior to the execution hereof,
notice was duly published and a public hearing was held to consider this Amended Planned Unit
Development Agreement, as required by the statutes of the State of Illinois in such case made and
provided.
WHEREAS, the Plan Commission and City Council of the United City of Yorkville have
10 -14 -6 F of the City Code that approval further found pursuant to Chapter Y roval of the requested p
Amended Planned Unit Development, Special Use meets the f6llowing standards;
(I) The establishment, maintenance or operation -of the special use will not be
unreasonably detrimental to or endanger the public health, safety, morals, comfort or
general welfare.
(ii) The special use will not be injurious to the use and enjoyment of other.property.in the
immediate vicinity for the purpose already permitted, nor substantially diminished
and impair property values within the neighborhood.
(iii) The establishment of the special use will not impede the normal and -orderly
development and improvement of surrounding property for uses permitted in the
district.
(iv) Adequate utilities, access roads, drainage or other necessary facilities have been or
are being provided.
(v) Adequate measures have been or will be taken to provide ingress or egress so
designed as to minimize traffic congestion in the public streets.
(vi) The special use shall in all other respects conform to the applicable regulations of the
district in which it is located.
(vii) The uses permitted by such exceptions as may be requested or recommended are
necessary or desirable and appropriate to the purpose of the development.
(viii) The uses permitted in such development are not of such nature or so located as to
exercise an undue detrimental influence or effect upon the surrounding
neighborhood.
(ix) That all minimum requirements pertaining-to commercial uses established in the
planned development shall be subject to the requirements for each individual
classification as established elsewhere in this Title, except as may be specifically
2
varied herein granting and establishing a planned development use..
NOW THEREFORE, for and in consideration of the mutual promises and covenants herein
contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11 -15 through 65
ILCS 13.1 -1.1, as amended, as follows:
SECTION 1.
The CITY inconsideration of each partybeing bound by the terms, covenants, and conditions
contained herein, upon execution of this Agreement and accompanying Ordinance approving the
Amended Planned Unit Development Agreement does hereby approve this Amended Agreement on
behalf of the CITY.
SECTION 2.
All references in the March 30, 2001• PUD Agreement to Exhibit B -1, C -1 and C -2 shall be
replaced by new exhibits B -1, C -1 and C -2 as attached hereto in Exhibit `B."
The City hereby approves the Plat of Abrogation of the building and landscape line on Lot
9 as attached as Exhibit C
SECTION 3.
The City hereby approves the following additional deviations. The landscape, parking and
building side yard setback on Lot 9 is reduced to 20 feet and the landscape setback adjacent to
Marketplace Drive is reduced to 20 feet. Additionally, the landscape buffer along Marketplace Drive
as required on Page 3, Number 2 (Landscape Ordinance) is reduced to 20 feet. Exhibit `B" of the
March 30, 2001 PUD Agreement is hereby amended to reflect these additional deviations.
SECTION 4.
The parties hereto agree that the terms and provisions of the PUD Agreement dated March
March 30, 2001, are hereby reaffirmed and remain unchanged except as amended herein.
3
1
IN WITNESS WHEREOF, this Agreement is entered into as of the date and year
shown above.
UNITED CITY OF YORKVILLE, TDC YORKVILLE SHOPPING CENTER I, LLC,.
an Illinois Municipal Corp ration a Delaware limited liability company
BY; By: TDC Yorkville Select LLC,
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an Illinois limited liability co
Its: ,(.1,�'Y� /�
By: Tu e elopmen o n
Attest;
l B
Date: is H. Tucker, President
Date:
TDC YORKVILLE SHOPPING CENTER II LLC,
a Delaware limited liability company
By: TDC Yorkville Select LLC,
an Illinois limited liability company
By: Tuc elopment C o
B'
Y
icll�f&H. Tucker, President
Date;
4
LE -GAL DESCRIPTION - SOUTH PORTION OF LOT 8.: A OF SECTION 28, TQWNSH
LOT 8 IN YORKVILLE MARKETPL E THI EI PRINCIPAL MERIDIAN, ACCORDING TO HE I
37 NORTH, RANGE. 7 EAST OF THE THIRD
. PLAT THEREOF RECORDED MAR
S. 7, 2002.AS DOCUMENT 200200005924, EXCEPT THAT
PORTION DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHWEST CORNER OF SAID L
T 8; THENCE SOUH 82 OF SAID LOT STA D S
49 MINUTES 12 SECONDS EAST ALONG THE N ORTH ROPERTY CONVEYED TO THE
OF 240.21 FEET TO A POINT ON E
STATE OF ILLINOIS PER DO 2002000011027; P
0020000 9027PTHENCE SOUTH 37 DEGREES 49
MINUTES 12 SECONDS EAST ALON Y LINE OF MARKETPLACE
ENT DRIVE AS DEDICATED PER
j POINT ON THE WEST RIG STANCE OF 49.50 FEET TO A OF WA
ENT 200100009116; THENCE SOUTH
DOCUM 07 DEGREES 10 MINUTES 48 SECONDS
A DISTANCE OF 138.01 FEET; THENCE .
WEST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 275.21 FEET TO`
NORTH 82 DEGREES 49 MINUTES 12 SECONDS WEST, REES 10 MINUTES 48
THE WEST LINE OF SAID LOT 8; TH CE N
FH 73.0 D EG
ET T O THE PO NT OF S ECONDS
EAST�ALONG SAID WEST LINE, A DIST
BEGINNING, IN KENDALL COUNTY, ILLINOIS.
EXHIBIT "A "'
LOT 9 LEGAL
LOT-9 IN YORKVILLE MARKETPLACE, BEING A SUBDIVISION OF SECTION 28, TOWNSHIP
37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
PLAT THEREOF RECORDED MARCH 7, 2002, PER DOCUMENT NO. 200200005924, IN THE
CITY OF YORKVILLE. KENDALL COUNTY, ILLINOIS.
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