Ordinance 2012-30 ;��jf itno:Z C3
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UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2012-30
AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE
WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY
WELLS OR BY ANY OTHER METHOD AT OR WITHIN THE AREA DESIGNATED
ON EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
(Southwest comer of South Bridge Street and Route 71)
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 25t"day of September,2012
Prepared by and Return to:
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County, Illinois on October 11, 2012.
Ordinance No. 2012-SO
AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE
WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY
WELLS OR BY ANY OTHER METHOD AT OR WITHIN THE AREA DESIGNATED
ON EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
(Southwest corner of South Bridge Street and Route 71)
WHEREAS, certain properties in the United City of Yorkville, Illinois have been
used over a period of time for commercial or industrial purposes; and
WHEREAS,because of said use, concentrations of certain chemical constituents in the
groundwater beneath the United City of Yorkville may exceed Class I groundwater quality
standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or
Tier 1 remediation objectives as set forth in 35 Illinois Administrative Code 742; and
WHEREAS, the United City of Yorkville desires to limit potential threats to human health
from groundwater contamination while facilitating the redevelopment and productive use of
properties that are the source of said chemical constituents;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
Section 1. Use of groundwater as a potable water supply prohibited
Except for such uses or methods in existence before the effective date of this ordinance, the use of,
or attempted use of, groundwater from within the corporate limits of the United City of Yorkville
in that area of the United City of Yorkville as depicted on Exhibit A attached hereto and made a
part hereof adjacent to the southeast corner of South Bridge Street and Route 71, as a potable
water supply, by the installation or drilling of wells or by any other method, is hereby prohibited.
This prohibition expressly includes the United City of Yorkville.
Section 2. Penalties
Any person violating the provisions of this ordinance shall be subject to a fine of up to seven
hundred fifty dollars ($750) for each violation.
Section 3. Definitions
"Person" is any individual, partnership, co-partnership, firm, company, limited liability company,
corporation, association,joint stock company, trust, estate, political subdivision, or any other legal
entity, or their legal representatives, agents or assigns.
"Potable water" is any water used for human or domestic consumption, including, but not limited
to, water used for drinking, bathing, swimming, washing dishes, or preparing foods.
Ordinance No. 2012-W
Page 2
Section 4. Repealer
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed insofar as
they are in conflict with this ordinance.
Section 5. Severability
If any provision of this ordinance or its application to any person or under any circumstances is
adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of
any portion not adjudged invalid.
Section 6. Effective date
This ordinance shall be in full force and effect from and after its passage, approval and publication
as required by law.
Passed by the City Counci of the United City of Yorkville, Kendall County, Illinois this
Da y of S,
A.D. 2012.
CITY CLERK
CHRIS FUNKHOUSER DIANE TEELING If
JACKIE MILSCHEWSKI LARRY KOT V
CARLO COLOSIMO V� MARTY MUNNS
ROSE ANN SPEARS KEN KOCH
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
5 Day of CC-ro Ek , A.D. 2012.
OR
Ordinance No. 2012-30
Page 3
EXHIBIT A
PROPOSED LIMITED GROUNDWATER ORDINANCE MAP
Ordinance No. 2012-30
Page 4
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EXHIBIT A
EXHIBIT A
LEGAL DESCRIPTION:
PARCEL ONE:
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5 AND THE NORTHEAST 1/4 OF SECTION 8,
TOWNSHIP 36 NORTH,RANGE 7,EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS: COMMENCING A'C THE NORTHEAST CORNER OF SAID SECTION 8; THENCE
SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 8,A DISTANCE OF 569.2 FEET TO THE
CENTER LINE OF ILLINOIS ROUTE 47; THENCE NORTHWESTERLY ALONG SAID CENTER LINE
OF ILLINOIS ROUTE 47 TO THE CENTER LINE OF ILLINOIS ROUTE 71;THENCE
SOUTHWESTERLY ALONG SAID ILLINOIS ROUTE 71 CENTER LINE,BEING A CURVED LINE
CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 7,639.49 FEET FOR AN ARC DISTANCE
OF 431.45 FEET WITH AN ASSUMED CHORD BEARING OF SOUTH 83 DEGREES 40 MINUTES 20
SECONDS WEST AND A CHORD DISTANCE OF 431.39 FEET; THENCE SOUTH 14 DEGREES 41
MINUTES 22 SECONDS EAST.,A DISTANCE OF 58.33 FEET TO THE SOUTHERLY RIGHT OF WAY
LINE OF ILLINOIS ROUTE 71,FOR THE POINT OF BEGINNING;THENCE CONTINUING SOUTH
14 DEGREES 41 MINUTES 22 SECONDS EAST,A DISTANCE OF 248.92 FEET TO A POINT
LOCATED 302.84 FEET RADIALLY AND SOUTHERLY OF THE CENTER LINE OF ILLINOIS
ROUTE 71 FROM A POINT ON SAID CENTER LINE AT AN ARC DISTANCE OF 380.0 FEET
SOUTHWESTERLY OF SAID INTERSECTION OF ILLINOIS ROUTE 71 AND ILLINOIS ROUTE 47;
THENCE SOUTH 54 DEGREES 39 MINUTES 41 SECONDS EAST,A DISTANCE OF 200.0 FEET;
THENCE NORTH 77 DEGREES 11 MINUTES 59 SECONDS EAST,A DISTANCE OF 268.90 FEET TO
THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47;THENCE NORTHWESTERLY
ALONG THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47,BEING A CURVED LINE
CONCAVE TO THE NORTHEAST,HAVING A RADIUS OF 1970.08 FEET FOR AN ARC DISTANCE
OF 162.78 FEET WITH A CHORD BEARING OF NORTH 22 DEGREES 32 MINUTES 48 SECONDS
WEST,WITH A CHORD DISTANCE OF 162.73 FEET; THENCE NORTH 54 DEGREES 52 MINUTES
44 SECONDS WEST ALONG THE SOUTHWESTERLY ANGLED RIGHT OF WAY LINE BETWEEN
ILLINOIS ROUTES 47 AND 71, A DISTANCE OF 290.69 FEET TO THE SOUTHERLY RIGHT OF
WAY LINE OF ILLINOIS ROU'CE 71;THENCE SOUTH 83 DEGREES 44 MINUTES 46 SECONDS
WEST ALONG THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 71,A DISTANCE OF
189.45 FEET TO THE POINT OF BEGINNING,ALL IN KENDALL COUNTY,ILLINOIS.
PARCEL TWO:
EASEMENT FOR INGRESS AND EGRESS CREATED BY AGREEMENT RECORDED AUGUST 11,
1994 AS DOCUMENT 9408165 AND GRANTED IN DEED RECORDED AUGUST 11, 1994 AS
DOCUMENT 9408167 MADE BY SHELL OIL COMPANY AND THOMAS AND EDITH HUGHES FOR
THE BENEFIT OF PARCEL ONE OVER THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5 AND
THE NORTHEAST 1/4 OF SECTION 8,TOWNSHIP 36 NORTH, RANGE 7,EAST OF THE THIRD
PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST
CORNER OF SAID SECTION 8, THENCE SOUTHERLY ALONG THE EAST LINE OF SAID
SECTION 8,A DISTANCE OF 569.2 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 47;THENCE
NORTHWESTERLY ALONG SAID CENTER LINE OF ILLINOIS ROUTE 47 TO THE CENTER LINE
OF ILLINOIS ROUTE 71;THENCE SOUTHWESTERLY ALONG SAID ILLINOIS ROUTE 71 CENTER
LINE,BEING A CURVED LMN CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 7,639.49
FEET FOR AN ARC DISTANCE OF 431.45 FEET WITH AN ASSUMED CHORD BEARING OF
SOUTH 83 DEGREES 40 MINUTES 20 SECONDS WEST AND A CHORD DISTANCE OF 431.39
FEET;THENCE SOUTH 14 DEGREES 41 MINUTES 22 SECONDS EAST,A DISTANCE OF 58.33
7
FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 71,FOR THE POINT OF
BEGINNING;THENCE CONTINUING SOUTH 14 DEGREES 41 MINUTES 22 SECONDS EAST,A
DISTANCE OF 248.92 FEET TO A POINT LOCATED 302.84 FEET RADIALLY AND SOUTHERLY
OF THE CENTER LINE OF ILLINOIS ROUTE 71 FROM A POINT ON SAID CENTER LINE AT AN
ARC DISTANCE OF 380.0 FEET SOUTHWESTERLY OF SAID INTERSECTION OF ILLINOIS
ROUTE 71 AND ILLINOIS ROUTE 47;THENCE SOUTH 54 DEGREES 39 MINUTES 41 SECONDS
EAST,A DISTANCE OF 200.0 FEET; THENCE NORTH 77 DEGREES 11 MINUTES 59 SECONDS
EAST,A DISTANCE OF 268.90 FEET TO THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS
ROUTE 47;THENCE SOUTHEASTERLY ALONG SAID WESTERLY RIGHT OF WAY LINE,BEING
A CURVED LINE CONCAVE TO THE NORTHEAST HAVING A RADIUS 1970.08 FEET FOR AN
ARC DISTANCE OF 30.74 FEET WITH A CHORD BEARING OF SOUTH 25 DEGREES 21 MINUTES
38 SECONDS EAST AND A CHORD DISTANCE OF 30.74 FEET; THENCE SOUTH 77 DEGREES 11
MINUTES 59 SECONDS WEST,A DISTANCE OF 268.96 FEET;THENCE NORTH 54 DEGREES 39
MINUTES 41 SECONDS WEST,A DISTANCE OF 247.66 FEET;THENCE NORTH 14 DEGREES 41
MINUTES 22 SECONDS WEST,A DISTANCE OF 248.61 FEET TO THE SOUTHERLY RIGHT OF
WAY LINE OF SAID ILLINOIS ROUTE 71;THENCE NORTH 83 DEGREES 44 MINUTES 46
SECONDS EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE,A DISTANCE OF 45.49 FEET
TO THE POINT OF BEGINNING,ALL IN KENDALL COUNTY,ILLINOIS.
Tax Parcel ID No(s). 05-08-227-004-0000; and 05-05-400-020-0000
Address: 2001 Bridge St.,Yorkville,IL 60660-9783 116824/1277/6716
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