Ordinance 2007-025 STATE OF ILLINOIS ) ; G) 0 SEP 0 0 teo C: tp & 2 6
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COUNTY OF KENDALL ) 13 E.0 18 X .E
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KLNDf1Ll_ COUNTY, IL
RECORDED: 1/5/2005 I&A Ph
ORDI: 52.00 R16PS KE: 10.00
PARS:
THIS IS A COVER PAGE
FOR RECORDING
PURPOSES ONLY
Ordinance No. 2007 -25
An Ordinance Reaffirming a Rezoning of Certain Property
And Rezoning Certain Property
In Furtherance of an Annexation Agreement
(North Star Trust /Fox Moraine Property on Route 71)
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2007- a`J
AN ORDINANCE REAFIRMING A REZONING OF CERTAIN PROPERTY
AND REZONING CERTAIN PROPERTY
IN FURTHERANCE OF AN ANNEXATION AGREEMENT
(North Star Trust/Fox Moraine Property on Route 71)
WHEREAS, Fox Moraine, LLC (hereinafter referred to "Fox Moraine ") and North
Star Trust Company Trust No. # 06 -9993 under a trust agreement dated August 8, 2006
(hereinafter referred to as "North Star Trust ") are the legal owners of record of property
legally described on Exhibit "A" and Exhibit `B ", respectively, attached hereto and
incorporated herein (the "Property "), and
WHEREAS, Fox Moraine and North Star Trust have made application by petition for
the rezoning of the Property, and
WHEREAS, North Star Trust has previously entered into a binding agreement for
annexation of the Property dated September 26, 2006 which agreement requires that the
Property be zoned as A -1 Agricultural Zoning District, and
WHEREAS, Upon receipt of a written petition submitted to the City by North Star
Trust, the Property was annexed to the United City of Yorkville pursuant to Ordinance
No. 2006 -115, on September 26, 2006; and
WHEREAS, On September 26, 2006 the City Council also approved City
Ordinance No. 2006 -116 which rezoned the Property under the City's A -1 Agricultural
District zoning classification, and
WHEREAS, a portion of the Property located within sections 22 and 23 of Fox
Township is within the boundaries of the Charles B. Phillips Public Library District to
which notice of annexation was not provided pursuant to 65 ILCS 5/7 -1 -1. Therefore,
127865/2
neither the annexation nor the rezoning of the portion of the Property located within
Sections 22 and 23 of Fox Township was effective; and
WHEREAS, on February 13, 2007, pursuant to Ordinance No. 2007 -17 the City
annexed the portion of the Property located within Sections 22 & 23 of Fox Township,
and reaffirmed the annexation of the portion of the Property not within Sections 22 & 23
of Fox Township after proper service of notice to the Charles B. Phillips Public Library
District.
WHEREAS, the City does hereby reaffirm the rezoning granted by Ordinance
2006 -116, for the portion of the Property not located in Sections 22 and 23 of Fox
Township, and, rezones those areas within Sections 22 and 23 of Fox Township which
are a part of the Charles B. Phillips Public Library District and
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE
MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT:
1. The City Council hereby reaffirms the prior grant of A -1 Agricultural District zoning
of September 26, 2007 as to the portion of the Property not located within Sections 22
and 23 of Fox Township, and rezones the portion of the Property located within Sections
22 and 23 of Fox Township which are a part of the Charles B. Phillips Public Library
District as A -1 Agricultural District.
2: This Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
127865/2
JAMES BOCK JOSEPH BESCO
VALERIE BURD h PAUL JAMES
DEAN WOLFER MARTY MUNNS u.
v
ROSE SPEARS r JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this (9 -7 t Day of FE6KuA2 y , A.D. 2007.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this J'7 day of FE,&Gchk y , A.D. 2007.
ATTEST: ���,� 62
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
127865/2
EXHIBIT "A"
LEGAL DESCRIPTION FOR FOX MORRAINE LLC.,
THAT PART OF SECTIONS 14, 22, 23 AND 26, ALL IN TOWNSHIP 36 NORTH,
RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY,
ILLINOIS, BEING DESCRIBED BY COMMENCING AT AN IRON PIPE AT THE
SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 14;
THENCE NORTH 01 DEGREES 36 MINUTES 07 SECONDS WEST ALONG THE
WEST LINE OF SAID SOUTHEAST QUARTER, 1124.77 FEET TO A POINT ON
THE WESTERLY LINE OF COMMONWEALTH EDISON COMPANY RIGHT OF
WAY FOR THE POINT OF BEGINNING; THENCE SOUTH 46 DEGREES 16
MINUTES 34 SECONDS EAST ALONG SAID WESTERLY RIGHT OF WAY LINE,
1876.64 FEET TO A POINT OF BEND IN SAID WESTERLY RIGHT OF WAY LINE,
SAID POINT BEING A POINT ON THE EAST LINE OF THE WEST HALF OF THE
NORTHEAST QUARTER OF SAID SECTION 23; THENCE SOUTH 01 DEGREE 26
MINUTES 55 SECONDS EAST ALONG SAID WESTERLY RIGHT OF WAY LINE,
A DISTANCE OF 5153.41 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF
WALKER ROAD; THENCE SOUTH 89 DEGREES 51 MINUTES 41 SECONDS
WEST ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF WALKER ROAD,
1320.61 FEET TO A POINT ON SOUTHERLY EXTENSION OF THE WEST LINE
OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE NORTH 01
DEGREE 25 MINUTES 43 SECONDS WEST ALONG SAID WEST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 23, A DISTANCE OF 1981.91 FEET;
THENCE SOUTH 89 DEGREES 55 MINUTES 26 SECONDS WEST, 2643.57 FEET
TO A POINT ON THE WEST LINE OF SAID SECTION 23; THENCE SOUTH 01
DEGREE 32 MINUTES 06 SECONDS EAST ALONG SAID WEST LINE, 76.14
FEET; THENCE SOUTH 89 DEGREES 34 MINUTES 50 SECONDS WEST, 2558.41
FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF
ILLINOIS ROUTE 71; THENCE NORTHEASTERLY ALONG SAID
NORTHWESTERLY RIGHT OF WAY LINE, 6918.12 FEET MORE OR LESS TO
THE POINT OF INTERSECTION WITH SAID WESTERLY LINE OF THE
COMMONWEALTH EDISION COMPANY RIGHT OF WAY; THENCE SOUTH 46
DEGREES 16 MINUTES 34 SECONDS EAST ALONG SAID WESTERLY RIGHT OF
WAY LINE, 20.13 FEET TO THE POINT OF BEGINNING CONTA UNG 466.69
ACRES MORE OR LESS IN THE TOWNSHIP OF FOX, KENDALL COUNTY,
ILLINOIS.
AND ALSO THAT PART OF THE SOUTHEAST QUARTER OF SECTION 14,
TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN
IN KENDALL COUNTY, ILLINOIS, BEING DESCRIBED BY COMMENCING AT
AN IRON PIPE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER
OF SAID SECTION 14; THENCE NORTH 89 DEGREES 55 MINUTES 26 SECONDS
EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 1720.45
FEET TO A POINT ON THE EASTERLY LINE OF COMMONWEALTH EDISON
COMPANY RIGHT OF WAY; THENCE NORTH 46 DEGREES 16 MINUTES 34
SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, 222.33 FEET
FOR THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 55 MINUTES
26 SECONDS EAST, 561.85 FEET; THENCE NORTH O1 DEGREE 27 MINUTES 43
SECONDS WEST 267.13 FEET; THENCE NORTH 46 DEGREES 16 MINUTES 34
SECONDS WEST PARALLEL WITH SAID EASTERLY RIGHT OF WAY LINE,
1864.16 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF
ILLINOIS ROUTE 71; THENCE SOUTH 53 DEGREES 58 MINUTES 06 SECONDS
WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE, 586.51 FEET TO THE
POINT OF INTERSECTION WITH SAID EASTERLY RIGHT OF WAY LINE OF
COMMONWEALTH EDISION COMPANY; THENCE SOUTH 46 DEGREES 16
MINUTES 34 SECONDS EAST ALONG SAID EASTERLY RIGHT OF WAY LINE,
1752.45 FEET TO THE POINT OF BEGINNING CONTAINING 25.68 ACRES MORE
OR LESS IN THE TOWNSHIP OF FOX, KENDALL COUNTY, ILLINOIS.
I II
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EXTIISIT I3
LEGAL DESCRIPTION NORTH STAR TRUST COMPANY
THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF
SECTION 13 AND THAT PART OF SECTIONS 14,23 AND 26, TOWNSHIP 36
NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL
COUNTY, ILLINOIS, BEING DESCRIBED BY COMMENCING AT AN IRON PIPE
AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID
SECTION 14; THENCE NORTH 89 DEGREES 55 MINUTES 26 SECONDS EAST
ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 1720.45 FEET TO A
POINT ON THE EASTERLY LINE OF COMMONWEALTH EDISON COMPANY
RIGHT OF WAY FOR THE POINT OF BEGINNMG; THENCE NORTH 46
DEGREES 16 MINUTES 34 SECONDS WEST ALONG SAID EASTERLY RIGHT OF
WAY LINE, 222.33 FEET; THENCE NORTH 89 DEGREES.55 MINUTES 26
SECONDS EAST, 561.85 FEET; THENCE NORTH 01 DEGREE 27 MINUTES 43
SECONDS WEST 267.13 FEET; THENCE NORTH 46 DEGREES 16 MINUTES 34
SECONDS WEST PARALLEL WITH SAID EASTERLY RIGHT OF WAY LINE,
1864.16 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF
ILLINOIS ROUTE 71; THENCE NORTH 54 DEGREES 37 MINUTES 26 SECONDS
EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE, 3552.22 FEET TO THE
POINT OF INTERSECTION WITH THE EAST LINE SAID WEST HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION 13; THENCE SOUTH 01 DEGREES
27 MINUTES 43 SECONDS EAST ALONG SAID EAST LINE, 3764.98 FEET TO A
POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER SECTION;
THENCE SOUTH 89 DEGREES 55 ME - 4UTES 26 SECONDS WEST ALONG SAID
SOUTH LINE, 1119.49 FEET TO THE NORTHEAST CORNER OF SAID SECTION
23; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 23 AND
THE EAST LINE EXTENDED SOUTHERLY 5326.58 FEET TO A POINT ON THE
SOUTH RIGHT OF WAY LINE OF WALKER ROAD; THENCE SOUTH 89
DEGREES 51 MINUTES 41 SECONDS WEST ALONG SAID SOUTH RIGHT OF
WAY LINE, 920.53 TO THE EASTERLY LINE OF SAID COMMONWEALTH
EDISION COMPANY RIGHT OF WAY; THENCE NORTH 01 DEGREES 26
MINUTES 55 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE,
5327.57 FEET TO THE POINT OF BEGINNING CONTAINING 267.43 ACRES
MORE OR LESS IN THE TOWNHHIP OF FOX, KENDALL COUNTY, ILLINOIS.