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Ordinance 2006-116 STATE OF ILLINOIS ) 2 G-t 0 'r a 0 Cr Q ' Ci4 t, W 2 7 )ss COUNTY OF KENDALL ) Era I L_ L. L- T'71 u -:- KENDALL [:f.IUNTY, IL RECORDED: 2/5/2009 12:36 PM ORDI: 60.00 RMPS K : 10.00 PAGES: 15 THIS IS A COVER PAGE FOR RECORDING PURPOSES ONLY Ordinance No. 2006 -116 An Ordinance Rezoning Certain Property In Furtherance of an Annexation Agreement (North Star Parcel B) �I I STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- i AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (North Star Parcel B) WHEREAS, North Star Trust Company u/t dated August 8, 2006, No. 06 -9993 is the legal owner of record of property described on Exhibit "A" attached hereto and incorporated herein (the Property), and WHEREAS North Star Trust Company u/t dated August 8, 2006, No. 06 -9993, owner /developer of the Property have made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, owner /developer have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS, the Yorkville Plan Commission has recommended the annexation of the property. 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: i i 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as A -1 Agricultural District as described in attached Exhibit `B ". 2. The Property shall be developed according to the terms of an Annexation Agreement previously adopted. I 3. This Ordinance shall be in full force and effect from and after its assa a and p g approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD 1Y PAUL JAMES DEAN WOLFER MARTY MUNNS . �. ROSE SPEARS v� JASON LESLIE !J Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this c -6 Day of � A.D. 2006. I i MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this - day of + , A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 i i EXHIBIT "A" Lecial Description for PARCEL A: THOSE PARTS OF SECTIONS 14,22 AND 23, ALL IN TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE ON THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 14; THENCE NORTH 01° 36'07" WEST ALONG THE WEST LINE OF SAID SOUTHEASTI /4, 779.21 FEET TO THE POINT OF BEGINNING, BEING A SOUTHEAST CORNER OF ILLINOIS STATE ROUTE 71 DEDICATED BY DOCUMENT RECORDED IN BOOK 98, PAGES 327, 328 AND 329; THENCE CONTINUING NORTH 01 ° 36' 07" WEST ALONG SAID WEST LINE AND THE EASTERLY MOST LINE OF THE ILLINOIS STATE ROUTE 71 DEDICATED BY SAID DOCUMENT RECORDED IN BOOK 98, PAGES 327, 328 AND 329, A DISTANCE OF 238.29 FEET TO A SOUTHERLY LINE OF ILLINOIS ROUTE 71; THENCE NORTH 54 37'26" EAST ALONG SAID SOUTHERLY LINE, 1080.03 FEET; THENCE SOUTH 49 14'26" EAST, 1744.27 FEET; THENCE SOUTH 00 00'00" WEST, 267.13 FEET; THENCE NORTH 90° 00'00" WEST, 800.29 FEET; THENCE SOUTH 01° 26' 54" EAST 158.91 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 23; THENCE SOUTH 01 ° 33'31 " EAST ALONG THE EAST LINE OF SAID WEST 1/2 OF THE NORTHEAST 1/4,2642.32 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 23; THENCE SOUTH 01 ° 27'24" WEST ALONG THE EAST LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4,2603.14 FEET TO AN IRON PIPE ON THE NORTH LINE OF WALKER ROAD AS DEDICATED BY THE DOCUMENT RECORDED IN BOOK 136, PAGE 184; THENCE THE FOLLOWING THREE (3) COURSES BEING ALONG SAID NORTH LINE OF WALKER ROAD: THENCE SOUTH 89 40' 05" WEST, 1271.53 FEET TO AN IRON PIPE; THENCE NORTH 45 19'02" WEST, 35.35 FEET TO AN IRON PIPE; THENCE SOUTH 89 40'05" WEST, 24.58 FEET TO THE WEST LINE OF SAID SOUTHEAST 1/4; THENCE NORTH 01° 27'19" WEST ALONG SAID WEST LINE OF THE SOUTHEAST 1/4,1870.46 FEET; THENCE SOUTH 89 55' 26" WEST, 2643.57 FEET TO THE WEST LINE OF SAID SECTION 23; THENCE SOUTH 01 ° 32'06" EAST ALONG SAID WEST LINE OF SECTION 23, A DISTANCE OF 75.14 FEET; THENCE SOUTH 89 34' 50" WEST, 2422.16 FEET TO THE SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71 AS DEDICATED BY DOCUMENT RECORDED IN BOOK 90 PAGES 311, 312, AND 313 AND SAID BOOK 98 PAGES 327,328 AND 329; THENCE THE FOLLOWING TEN (10) COURSES BEING ALONG SAID SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71 AS DEDICATED BY DOCUMENT RECORDED IN BOOK 90 PAGES 311, 312, AND 313 AND SAID BOOK 98 PAGES 327,328 AND 329: THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 4695.69 FEET, CONCAVE TO THE NORTHWEST, WHOSE CHORD BEARS NORTH 44 40' 57" EAST, 52.08 FEET, FOR AN ARC DISTANCE OF 52.08 FEET; THENCE NORTH 44 21' 26" EAST, 1649.83 FEET; THENCE NORTH 46 15' 59" EAST, 300.17 FEET; THENCE NORTH 44 21'26" EAST, 1560.36 FEET; THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 8539.42 FEET, CONCAVE TO THE SOUTHEAST, WHOSE CHORD BEARS NORTH 46 08'39" EAST, 649.80 FEET, FOR AN ARC DISTANCE OF 649.97 FEET; THENCE NORTH 44° 51'39" EAST, 77.00 FEET; THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 8544.42 FEET, CONCAVE TO THE SOUTHEAST, WHOSE CHORD BEARS NORTH 51 55' 46" EAST, 803.38 FEET, FOR AN ARC DISTANCE OF 803.68 FEET; THENCE NORTH 54° 37'26" EAST, 1190.08 FEET; THENCE NORTH 82 08'22" EAST, 218.80 FEET; THENCE SOUTH 72 43'55" EAST 122.02 FEET TO SAID POINT OF BEGINNING; (EXCEPT THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND: THOSE PARTS OF SECTIONS 14 AND 23, ALL IN TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE ON THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 14; THENCE NORTH 89 33'54" EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4,1142.54 FEET TO THE POINT OF BEGINNING ON THE WESTERLY LINE OF A 400 FOOT COMMONWEALTH EDISON COMPANY RIGHT OF WAY; THENCE NORTH 45'29'03" WEST ALONG SAID WESTERLY RIGHT OF WAY, 1523.81 FEET TO THE SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71; THENCE NORTH 54 37'26" EAST ALONG SAID SOUTHERLY LINE, 406.31 FEET TO THE EASTERLY LINE OF SAID RIGHT OF WAY; THENCE SOUTH 45 29'03" EAST ALONG SAID EASTERLY LINE, 1630.85 FEET; THENCE NORTH 90 00'00" WEST, 238.44 FEET; THENCE SOUTH 01° 26'54" EAST, 158.91 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 23; THENCE SOUTH 01 33'31" EAST ALONG THE EAST LINE OF SAID WEST 1/2,176.39 FEET TO SAID WESTERLY LINE; THENCE NORTH 45° 29'03" WEST ALONG SAID WESTERLY LINE, 249.62 FEET TO SAID POINT OF BEGINNING.) TOGETHER WITH THE ADJOINING NORTH 112 OF ILLINOIS STATE ROUTE 71 AND THE ADJOINING SOUTH 1/2 OF WALKER ROAD LYING IN THE NORTH EAST 1/4 OF SECTION 26 AND THE WEST 1/2 OF SLEEPY HOLLOW ROAD LYING IN THE SOUTH EAST 1/4 OF SECTION 23, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDAN IN KENDALL COUNTY, ILLINOIS. 1 I SAID PARCEL A OF LAND HEREIN DESCRIBED CONTAINS 490.2 ACRES, MORE OR LESS. Legal Description for PARCEL B I THAT PART OF THE WEST % OF THE SOUTHEAST 1 /2 OF SECTION 14, TOWNSHIP 36 NORTH RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF SLEEPY HOLLOW ROAD AND SOUTH OF THE CENTER LINE OF STATE ROUTE 71 IN THE TOWNSHIP OF FOX, KENDALL COUNTY, ILLINOIS EXCEPTING THEREFROM THAT PART FALLING INSIDE THE FOLLOWING DESCRIBED PARCEL: THOS_E PARTS OF SECTIONS 14,22 AND 23, ALL IN TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS, DESCRIBED _ AS FOLLOWS: COMMENCING AT AN IRON PIPE ON THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 14; THENCE NORTH 01° 36'07" WEST ALONG THE WEST LINE OF SAID SOUTHEAST 1/4,779.21 FEET TO THE POINT OF BEGINNING, BEING A SOUTHEAST CORNER OF ILLINOIS STATE ROUTE 71 DEDICATED BY DOCUMENT RECORDED IN BOOK 98, PAGES 327, 328 AND 329; THENCE CONTINUING NORTH 01 ° 36' 07" WEST ALONG SAID WEST LINE AND THE EASTERLY MOST LINE OF THE ILLINOIS STATE ROUTE 71 DEDICATED BY SAID DOCUMENT RECORDED IN BOOK 98, PAGES 327, 328 AND 329, A DISTANCE OF 238.29 FEET TO A SOUTHERLY LINE OF ILLINOIS ROUTE 71; THENCE NORTH 54° 37'26" EAST ALONG SAID SOUTHERLY LINE, 1080.03 FEET; THENCE SOUTH 49 14'26 EAST, 1744.27 FEET; THENCE SOUTH 00° 00'00" WEST, 267.13 FEET; THENCE NORTH 90 00' 00" WEST, 800.29 FEET; THENCE SOUTH 01 ° 26 EAST 158.91 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 23; THENCE SOUTH 01' 33'31 " EAST ALONG THE EAST LINE OF SAID WEST 1/2 OF THE NORTHEAST 1/4,2642.32 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 23; THENCE SOUTH 01 ° 27'24" WEST ALONG THE EAST LINE OF SAID WEST 1/2 OF THE SOUTH EAST1 /4, 2603.14 FEET TO AN IRON PIPE ON THE NORTH LINE OF WALKER ROAD AS DEDICATED BY THE DOCUMENT RECORDED IN BOOK 136, PAGE 184; THENCE THE FOLLOWING THREE (3) COURSES BEING ALONG SAID NORTH LINE OF WALKER ROAD: THENCE SOUTH 89 40' 05" WEST, 1271.53 FEET TO AN IRON PIPE; THENCE NORTH 45 19'02" WEST, 35.35 FEET TO AN IRON PIPE; THENCE SOUTH 89 40'05" WEST, 24.58 FEET TO THE WEST LINE OF SAID SOUTHEAST 1/4; THENCE NORTH 01 ° 27'19" WEST ALONG SAID WEST LINE OF THE SOUTHEAST 1 /4,1870.46 FEET; THENCE SOUTH 89 55' 26" WEST, 2643.57 FEET TO THE WEST LINE OF SAID SECTION 23; THENCE SOUTH 01 ° 32'06" EAST ALONG SAID WEST LINE OF SECTION 23, A DISTANCE OF 75.14 FEET; i I l I THENCE SOUTH 89 34'50" WEST, 2422.16 FEET TO THE SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71 AS DEDICATED BY DOCUMENT RECORDED IN BOOK 90 PAGES 311, 312, AND 313 AND SAID BOOK 98 PAGES 327,328 AND 329; THENCE THE FOLLOWING TEN (10) COURSES BEING ALONG SAID SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71 AS DEDICATED BY DOCUMENT RECORDED IN BOOK 90 PAGES 311, 312, AND 313 AND SAID BOOK 98 PAGES 327, 328 AND 329: THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 4695.69 FEET, CONCAVE TO THE NORTHWEST, WHOSE CHORD BEARS NORTH 44 40'57" EAST, 52.08 FEET, FOR AN ARC DISTANCE OF 52.08 FEET; THENCE NORTH 44 21' 26" EAST, 1649.83 FEET; THENCE NORTH 46"15'59" EAST, 300.17 FEET; THENCE NORTH 44° 21'26" EAST, 1560.36 FEET; THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 8539.42 FEET, CONCAVE TO THE SOUTHEAST, WHOSE CHORD BEARS NORTH 46 08'39" EAST, 649.80 FEET, FOR AN ARC DISTANCE OF 649.97 FEET; THENCE NORTH 44 51'39" EAST, 77.00 FEET; THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 8544.42 FEET, CONCAVE TO THE SOUTHEAST, WHOSE CHORD BEARS NORTH 51 55'46" EAST, 803.38 FEET, FOR AN ARC DISTANCE OF 803.68 FEET; THENCE NORTH 54° 37'26" EAST, 1190.08 FEET; THENCE NORTH 82 08'22" EAST, 218.80 FEET; THENCE SOUTH 72 43'55" EAST 122.02 FEET TO SAID POINT OF BEGINNING; (EXCEPT THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND: THOSE PARTS OF SECTIONS 14 AND 23, ALL IN TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE ON THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 14; THENCE NORTH 89 33'54" EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4,1142.54 FEET TO THE POINT OF BEGINNING ON THE WESTERLY LINE OF A 400 FOOT COMMONWEALTH EDISON COMPANY RIGHT OF WAY; THENCE NORTH 45" 29'03" WEST ALONG SAID WESTERLY RIGHT OF WAY, 1523.81 FEET TO THE SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71; THENCE NORTH 54° 37'26" EAST ALONG SAID SOUTHERLY LINE, 406.31 FEET TO THE EASTERLY LINE OF SAID RIGHT OF WAY; THENCE SOUTH 45 29'03" EAST ALONG SAID EASTERLY LINE, 1630.85 FEET; THENCE NORTH 90 00'00" WEST, 238.44 FEET; THENCE SOUTH 01° 26'54" EAST, 158.91 FEET TO THE NORTHEAST CORNER OF THE WEST-1 /2 -OF THE NORTHEAST 1/4 OF SAID SECTION 23; THENCE SOUTH 01° 33'31 EAST ALONG THE EAST LINE OF SAID WEST 1/2,176.39 FEET TO SAID WESTERLY LINE; THENCE NORTH 45 29'03" WEST ALONG SAID WESTERLY LINE, 249.62 FEET TO SAID POINT OF BEGINNING.) TOGETHER WITH THE ADJOINING NORTH 1/2 OF ILLINOIS STATE ROUTE 71. AND THAT PART OF THE EAST Y2 OF THE EAST 1/2 OF SECTION 14, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE CENTER LINE OF STATE ROUTE 71, EXCEPT THAT PART CONVEYED TO THE COMMONWEALTH EDISON COMPANY BY DOCUMENT NO. 74 -1219; ALSO EXCEPT THAT PART FALLING INSIDE THE FOLLOWING DESCRIBED PARCEL OF LAND: THOSE PARTS OF SECTIONS 14,22 AND 23, ALL IN TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE ON THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 14; THENCE NORTH 01° 36'07" WEST ALONG THE WEST LINE OF SAID SOUTHEAST 1/4,779.21 FEET TO THE POINT OF BEGINNING, BEING A SOUTHEAST CORNER OF ILLINOIS STATE ROUTE 71 DEDICATED BY DOCUMENT RECORDED IN BOOK 98, PAGES 327, 328 AND 329; THENCE CONTINUING NORTH 01 ° 36' 07" WEST ALONG SAID WEST LINE AND THE EASTERLY MOST LINE OF THE ILLINOIS STATE ROUTE 71 DEDICATED BY SAID DOCUMENT RECORDED IN BOOK 98, PAGES 327, 328 AND 329, A DISTANCE OF 238.29 FEET TO A SOUTHERLY LINE OF ILLINOIS ROUTE i 71; THENCE NORTH 54 37'26" EAST ALONG SAID SOUTHERLY LINE, 1080.03 FEET; THENCE SOUTH 49 14' 26" EAST, 1744.27 FEET; THENCE SOUTH 00 00' 00" WEST, 267.13 FEET; THENCE NORTH 90 00'00" WEST, 800.29 FEET; THENCE SOUTH 01° 26'54" EAST 158.91 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 23; THENCE SOUTH 01 ° 33'31 " EAST ALONG THE EAST LINE OF SAID WEST 1/2 OF THE NORTHEAST 1/4,2642.32 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 23; THENCE SOUTH 01 ° 27'24" WEST ALONG THE EAST LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4,2603.14 FEET TO AN IRON PIPE ON THE NORTH LINE OF WALKER ROAD AS DEDICATED BY THE DOCUMENT RECORDED IN BOOK 136, PAGE 184; THENCE THE FOLLOWING THREE (3) COURSES BEING ALONG SAID NORTH LINE OF WALKER ROAD: THENCE SOUTH 89 40'05" WEST, 1271.53 FEET TO AN IRON PIPE; THENCE NORTH 45 19' 02" WEST, 35.35 FEET TO AN IRON PIPE; THENCE SOUTH 89 40'05" WEST, 24.58 FEET TO THE WEST LINE OF SAID SOUTHEAST 1/4; THENCE NORTH 01° 27'19" WEST ALONG SAID WEST LINE OF THE SOUTHEAST 1/4,1870.46 FEET; THENCE SOUTH 89 55' 26" WEST, 2643.57 FEET TO THE WEST LINE OF SAID SECTION 23; THENCE SOUTH 01 ° 32'06" EAST ALONG SAID WEST LINE OF SECTION 23, A DISTANCE OF 75.14 FEET; THENCE SOUTH 89 34' 50" WEST, 2422.16 FEET TO THE SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71 AS DEDICATED BY DOCUMENT RECORDED IN BOOK 90 PAGES 311, 312, AND 313 AND SAID BOOK 98 PAGES 327, 328 AND 329; THENCE THE FOLLOWING TEN (10) COURSES BEING ALONG SAID SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71 AS DEDICATED BY DOCUMENT RECORDED IN BOOK 90 PAGES 311, 312, AND 313 AND SAID BOOK 98 PAGES 327, 328 AND 329: THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 4695.69 FEET, CONCAVE TO THE NORTHWEST, WHOSE CHORD BEARS NORTH 44 40' 57" EAST, 52.08 FEET, FOR AN ARC DISTANCE OF 52.08 FEET; THENCE NORTH 44 21' 26" EAST, 1649.83 FEET; THENCE NORTH 46 15'59" EAST, 300.17 FEET; THENCE NORTH 44 21'26" EAST, 1560.36 FEET; THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 8539.42 FEET, CONCAVE TO THE SOUTHEAST, WHOSE CHORD BEARS NORTH 46° 08'39" EAST, 649.80 FEET, FOR AN ARC DISTANCE OF 649.97 FEET; THENCE NORT_F[ 44° 51'39" EAST, 77.00 FEET; THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 8544.42 FEET, CONCAVE TO THE SOUTHEAST, WHOSE CHORD BEARS NORTH 51" 55' 46" EAST, 803.38 FEET, FOR AN ARC DISTANCE OF 803.68 FEET; THENCE NORTH 54 37'26" EAST, 1190.08 FEET; THENCE NORTH 82 OB' 22" EAST, 218.80 FEET; THENCE SOUTH 72 43'55" EAST 122.02 FEET TO SAID POINT OF BEGINNING; (EXCEPT THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND: THOSE PARTS OF SECTIONS 14 AND 23, ALL IN TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE ON THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 14; THENCE NORTH 89 33'54" EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4,1142.54 FEET TO THE POINT OF BEGINNING ON THE WESTERLY LINE OF A 400 FOOT COMMONWEALTH EDISON COMPANY RIGHT OF WAY; THENCE NORTH 45 29'03" WEST ALONG SAID WESTERLY RIGHT OF WAY, 1523.81 FEET TO THE SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71; THENCE NORTH 54 37'26" EAST ALONG SAID SOUTHERLY LINE, 406.31 FEET TO THE EASTERLY LINE OF SAID RIGHT OF WAY; THENCE SOUTH 45° 29'03" EAST ALONG SAID EASTERLY LINE, 1630.85 FEET; THENCE NORTH 90 00'00" WEST, 238.44 FEET; THENCE SOUTH 01 ° 26'54" EAST, 158.91 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 23; THENCE SOUTH 01° 33'31 EAST ALONG THE EAST LINE OF SAID WEST 1/2,176.39 FEET TO SAID WESTERLY LINE; THENCE NORTH 45 29'03" WEST ALONG SAID WESTERLY LINE, 249.62 FEET TO SAID POINT OF BEGINNING.) TOGETHER WITH THE ADJOINING NORTH 1/2 OF ILLINOIS STATE ROUTE 71. AND i THE WEST' /z OF THE SOUTHWEST'/ OF SECTION 13, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH THE ADJOINING NORTH 1/2 OF ILLINOIS ROUTE 71 IN THE TOWNSHIP OF FOX, KENDALL COUNTY, ILLINOIS AND THAT PART OF THE NORTHWEST % OF SECTION 13, TOWNSHIP 36 NORTH, RANGE 06 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST'/ OF SAID SECTION 13; THENCE EAST ON THE SOUTH LINE OF SAID QUARTER 20 CHAINS TO THE EIGHTH LINE; THENCE NORTH ON SAID EIGHTH LINE 16.98 CHAINS TO THE CENTER LINE OF THE ROAD; THENCE SOUTH 60 DEGREES WEST ALONG SAID CENTER LINE 24.46 CHAINS TO THE WEST LINE OF SAID QUARTER; THENCE SOUTH ALONG SAID WEST LINE 2.68 CHAINS TO THE POINT OF BEGINNING; (EXCEPT THAT PART FALLING IN THE FOLLOWING DESCRIBED TRACT: THAT PART OF THE WEST %2 OF SECTION 13 AND PART OF THE EAST %2 OF SECTION 14, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE NORTHWEST'/ OF SAID SECTION 13 WITH THE CENTER LINE OF ILLINOIS STATE ROUTE 71; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE, 582.30 FEET; THENCE SOUTHERLY PARALLEL WITH SAID WEST LINE, 1520.34 FEET; THENCE NORTHERLY, PARALLEL WITH THE SAID WEST LINE 2028.57 FEET TO SAID CENTER LINE; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE TO THE POINT OF BEGINNING), TOGETHER WITH THE ADJOINING NORTH 1/2 OF ILLINOIS STATE ROUTE 71, IN THE TOWNSHIP OF FOX, KENDALL COUNTY, ILLINOIS. AND - THE WEST 1/2 THE NORTHEAST QUARTER (EXCEPT THE WEST 400 FEET, AS MEASURED PERPENDICULAR TO THE WEST LINE OF SECTION 23, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF FOX, KENDALL COUNTY, ILLINOIS. AND THE SOUTHEAST QUARTER (EXCEPT THE WEST 400 FEET, AS MEASURED PERPENDICULAR TO THE WEST LINE THEREOF) OF SECTION 23, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF FOX, KENDALL COUNTY, ILLINOIS. SAID PARCEL B OF LAND HEREON DESCRIBED CONTAINS 269.5 ACRES, MORE OR LESS. I I EXHIBIT "B" 10 -9 -1 10 -9 -2 I CHAPTER A -1 AGRICULTURAL DISTRICT SECTION: r 10 -9 -1: Purpose 10 -9 -2: Uses Permitted 10 -9 -3: Special Uses 10 -9 -4: Accessory Uses 10 -9 -5: Building Setback Line; Side Yards 10 -9 -6: Floor Area Ratio 10 -9 -7: Building Permits, Code and Fees 10 -9 -8: Fencing Restrictions 10 -9 -1: PURPOSE: The regulations for the Agricultural District are intended to govern the use of the land and building and -structures for agricultural purposes after the annexation of land into the City for so -long as the or owners thereof shall desire to continue to devote said land to agricultural purposes. These regulations are also intended to provide for the protection, conservation and utilization of natural resources; to preserve the value of existing and future open space and recreation facilities; and to provide for the orderly development of the real estate for all uses permitted under the various use districts under this Title. (Ord. 1992 -14A, 12- 10 -92) 10 -9 -2: USES PERMITTED: A. Agricultural. B. Single- family residential use, provided only three (3) additional single - family dwellings shall be permitted for the total parcel zoned Agricultural District and annexed to the City; whether later subdivided into separate parcels after annexation. In the event of approval of rezoning to a residential use of the subject parcel or any portion thereof, this Section shall not apply. City of Yorkville I I 10 -9 -2 10 -9 -3 C. The City Plan Commission and City Council reserve the right to require that prior issuance of a residential building permit within an agricultural district, the City Council has a right to require their approval of the residential building site, with regard to compatibility with the Comprehensive Plan, future roadway and utility extensions and sufficient buffering between residential and nonresidential uses. D. Signs: As permitted and regulated pursuant to the applicable provisions of Chapter 12 of this Title. (Ord. 1992 -14A, 12- 10 -92) 10 -9 -3: SPECIAL USES: Agricultural sales, storage and service of agriculturally oriented products. Airports or aircraft landing fields. Animal feed, storage preparation, mixing and wholesale and retail. Animal hospital. Blacksmith or welding shops. Cemeteries, including crematoriums and mausoleums provided no building shall be located less than one hundred -feet (100') from a lot line. Churches, temples or synagogues. Colleges and universities, including dormitories, fraternities, sororities and other accessory buildings and structures or trade schools. Commercial feeding of fish, poultry and livestock. Commercial or private dog kennels provided that they are located not less than five hundred feet (500') from a residential lot line. Communications use. Fertilizer sales, including bulk storage and mixing. Golf courses, miniature golf courses and driving ranges, provided that no clubhouse or accessory building shall be located less than three hundred feet (300') from a lot line. Grain elevators and storage. I i City of Yorkville I 10 -9 -3 10 -9 -3 Milk processing and distribution, including pasteurizing and manufacture of ice cream but not including the processing or manufacture of cheese. Nurseries and greenhouses, wholesale and retail, provided that all plants are grown on the premises. Outdoor amusement establishments, fairgrounds, carnivals, circuses, race tracks and other similar amusement centers and including places of assembly devoted thereto, such as stadiums and arenas. Philanthropic and eleemosynary institutions. Private clubs or lodges, except those the chief activity of which is a service customarily carried on as a business. Private recreational area or camps. Public utility and public services, including electric substations; repeater stations; microwave relay towers and stations; mobile transmitting tower and stations, antenna towers and other outdoor equipment essential to the operation of exchange in the interest of public convenience and necessity; water filtration plants; water pumping stations; water reservoir and similar uses. Railroad passenger depots: __ - Railroad right of way and trackage, but not including classification yard, terminal facilities, piggy -back facilities or maintenance facilities. Rest homes, nursing homes, hospitals and sanitariums, institutions for the aged and for children for human beings only. Riding academies and stables. Sales yards, wholesale or retail, for agricultural products including, but not necessarily limited to, fruits, vegetables, flowers, plants, etc. Seminaries, convents, monasteries and similar religious institutions including dormitories and other accessory uses required for operations. (Ord. 1992 -14A, 12- 10 -92) City of Yorkville 10 -9 -4 10 -9 -7 10 -9 -4: ACCESSORY USES: A. Those customarily accessory to the pursuit of agriculture, provided that structures for the shelter of livestock, poultry and other farm animals shall be located not less than one hundred feet (100') from a lot line. B. Roadside stands for the sale of produce or poultry grown and raised on or in the immediate area of the premises but not including live animals and provided that such stands shall contain not more than six hundred (600) square feet of floor area. Each roadside stand shall have facilities approved by the Superintendent of Streets, for vehicular ingress and egress and adequate off - street parking. (Ord. 1992 -14A, 12- 10 -92) 10 -9 -5: BUILDING SETBACK LINE; SIDE YARDS: A. Setback Line: Every building hereafter erected or enlarged shall provide and maintain a setback from the public street in accordance with the following requirements: 1. Primary thoroughfares, (Route 34 and 47) two hundred feet (200') from the right of way. 2. All other streets or roads, one hundred feet (100') from the record or established right of way. B. Side Yards: Each building hereafter erected or remodeled shall have a side yard on each side of each building of not less than fifty feet (50'). (Ord. 1992 -14A, 12- 10 -92) 10 -9 -6: FLOOR AREA RATIO: Maximum floor area ratio for special use shall be established at the time a special use permit is granted. (Ord. 1992 -14A, 12- 10 -92) l 10 -9 -7: BUILDING PERMITS, CODE AND FEES: All buildings and structures used for agricultural purposes shall be exempt from building permits, codes and fees. (Ord. 1992 -14A, 12- 10 -92) City of Yorkville 10 -9 -8 10 -9 -8 10 -9 -8: FENCING RESTRICTIONS: The fencing restrictions contained in this Title shall not apply to agricultural uses under this Chapter. Fencing requirements for special uses shall be established at the time a special use permit is granted. 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