Ordinance 2006-118 200700019952
Filed for Record in
KENDALL COUNTYr ILLINOIS
STATE OF ILLINOIS ) PAUL ANDERSON
06 -18 -2007 At 02:55 Pm.
)ss ORDINANCE 41.00
COUNTY OF KENDALL ) RNSF Surcharge 10.00
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ORDINANCE NO. 2006- k k
AN ORDINANCE AUTHORIZING THE EXECUTION
OF A DEVELOPMENT AGREEMENT FOR
KENDALLWOOD ESTATES
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County, Illinois, that a certain Development Agreement pertaining to the development of the real
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estate described on Exhibit "A" attached hereto and made a part hereof entered into by the
UNITED CITY OF YORKVILLE; and
WHEREAS, said 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
WHEREAS, all the statutory procedures for the execution of said Development
Agreement have been fully complied with; and
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
Page 1 of 2
Section 1: That the Mayor and City Clerk are herewith authorized and directed to
execute, on behalf of the City, a Development Agreement concerning the development of the real
estate described therein, a copy of which Development Agreement is attached hereto and made a
part thereof.
Section 2: That 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
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Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of �� ��-- A.D. 2006.
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MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
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c day of , A.D. 2006.
ATTEST:,
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CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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KENDALLWOOD ESTATES
DEVELOPMENT AGREEMENT
This Agreement is made and entered into this 2044 day of September, 2006 by and
between Kendall Land Development, LLC, an Illinois limited liability company (hereinafter
referred to as "Kendall Land ") and the United City of Yorkville, a municipal corporation
(hereinafter referred to as "City ") (collectively referred to as the "Parties ") regarding the l
development of the real property located on the north side of Illinois Route 126 generally
between Illinois Route 71 and Illinois Route 47 in Yorkville, Illinois (hereinafter referred to as
"Kendallwood Estates ").
RECITALS
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WHEREAS, Kendall Land is the owner and developer of Kendallwood Estates; and
WHEREAS, Kendall Land has petitioned the City for final plat approval for
Kendallwood Estates; and
WHEREAS, the City desires that Kendallwood Estates have access onto Route 126
through a parcel of property immediately to the south known as Woodstone Development
(hereinafter referred to as "Woodstone ") prior to the occupation of any dwelling units on
Kendallwood Estates.
NOW, THEREFORE, in consideration of the mutual promises and undertakings herein
contained, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follow:
1. The recital paragraphs set forth above are hereby incorporated into and made a
part of this Agreement.
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2. The City will grant final plat approval for Kendallwood Estates prior to the
construction of the access road across the Woodstone Development parcel.
3. Kendall Land shall work with the owner of the Woodstone Development parcel in
order to obtain a temporary construction and emergency access easement off of Illinois Route
126. Said access shall be established to remain until such time as the permanent access is
complete.
4. The City shall not issue any occupancy permits for any dwelling units constructed
in Kendallwood Estates until the access road across the Woodstone Development is constructed,
providing access from Kendallwood Estates to Illinois Route 126.
S. Kendall Land or any builders may construct model homes in Kendallwood
Estates, and City shall issue permits for the occupancy of the model homes for the purpose of
selling units and not for permanent occupancy.
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WHEREFORE, this Agreement is executed on behalf of the City and Kendall Land by
their duly authorized agents as of the day and year set forth above.
KENDALL LAND DEVELOPMENT, LLC THE UNITED CITY OF YO MLLE
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Title:
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NORTH PARCEL
THAT PART OF THE WEST HALF OF SEC77ON 33, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN; THENCE SOUTH 89 DEGREES 46 MINUTES 03 SECONDS EAST
ALONG THE SOUTH LINE OF SAID SEC77ON 33, 374.81 FEET,• THENCE NORTH
01 DEGREES 11 MINUTES 52 SECONDS EAST, PARALLEL Wl7H THE EAST LINE
OF SAID WEST HALF, 794.66 FEET; THENCE SOUTH 88 DEGREES 28 MINUTES
34 SECONDS WEST, 329.70 FEET TO SAID EAST LINE; THENCE NORTH Ol
DEGREES 11 MINUTES 52 SECONDS EAST ALONG SAID EAST LINE, 571.49
FEET FOR THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 11
MINUTES 52 SECONDS EAST ALONG SAID EAST LINE, 937.76 FEET, • THENCE
NORTH 82 DEGREES 54 MINUTES 15 SECONDS WEST, 291.36 FEET, THENCE
NORTH 07 DEGREES 05 MINUTES 45 SECONDS EAST, 326.86 FEET TO THE
CENTER LINE OF VAN EMMON ROAD; THENCE NORTH 82 DEGREES 54
MINUTES 15 SECONDS WEST, ALONG SAID CENTER LINE, 66.00 FEET, THENCE
SOUTH 07 DEGREES 05 MINUTES 45 SECONDS WEST, 308.00 FEET THENCE
NORTH 82 DEGREES 54 MINUTES 15 SECONDS WEST. 257.22 FEET TO THE
FORMER EASTERLY RIGHT OF WAY LINE OF THE FOX AND ILLINOIS UNION
RAILWAY COMPANY; THENCE SOUTH 08 DEGREES 10 MINUTES 53 SECONDS
WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE, 779.46 FEET; THENCE
SOUTH 88 DEGREES 48 MINUTES 08 SECONDS EAST, 289.10 FEET' THENCE
SOUTH 01 DEGREES 11 MINUTE'S 52 SECONDS WEST, 246.00 FEET; THENCE
SOUTH 88 DEGREES 48 MINUTES 08 SECONDS EAST, 415.06 FEET TO THE
POINT OF BEGINNING IN THE UNITED CITY OF YORKWLLE, KENDALL COUNTY,
ILLINOIS.
SOUTH PARCEL
THAT PART OF THE NORTHWEST QUARTER OF SEC77ON 4, TOWNSHIP 36 NORTH, RANGE 7 EAST
AND PART OF THE SOUTHWEST QUARTER OF SEC77ON 33, TOWNSHIP 37 NORTH, RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS' BEGINNING AT THE NOR7HWEST
CORNER OF THE NORTHEAST QUARTER OF SAID SEC77ON 4,• THENCE NORTH 01 DEGREES 11 MINUTES 52 SECONDS EAST PARALLEL WITH
714E EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, 1,356.81 FEET TO A POINT ON 714E SOU7H LINE OF A TRACT
DESCRIBED IN A QUIT CLAIM DEED FROM PALOS BANK AND TRUST COMPANY, TRUST NO. 1 -1620 TO BRUCE a AND VIRGINIA J.
SUHRMAS7ER, HIS WIFE, RECORDED AS DOCUMENT NO. 83 -5890 ON DECEMBER 23, 1983 WHICH IS 45.43 FEET WES7ERLY, AS
MEASURED ALONG SAID SOUTH LINE, OF THE SOUTHWEST CORNER OF SAID TRACT, THENCE NORTH 88 DEGREES 48 MINU7ES 09
SECONDS EAST ALONG SAID SOU7H LINE 45.43 FEET TO SAID SOUTHWEST CORNER, • ]HENCE NORTH 01 DEGREES 11 MINUTES 52
SECONDS EAST ALONG SAID EAST LINE, 352.40 FEET TO AN OLD CLAIM LINE, • 774ENCE NORTH 01 DEGREES 11 MINUTES 52 SECONDS
EAST ALONG SAID EAST LINE, • 697.25 FEET; THENCE NOR774 76 DEGREES 52 MINUTES 34 SECONDS WEST, 130.50 FEET, • THENCE NORTH
10 DEGREES 27 MINUTES 25 SECONDS EAST 202.21 FEET TO THE CENTER LINE OF VAN EMMON ROAD; THENCE NORTH 82 DEGREES 54
MINUTES 15 SECONDS WEST ALONG SAID CENTER LINE 540.48 FEET TO THE EAST LINE OF 7HE FORMER FOX AND ILLINOIS UNION
RAILWAY COMPANY RIGHT-OF-WAY • THENCE SOUTHERLY ALONG SAID EAST LINE BEING ALONG A CURVE TO THE RIGHT HAVING A
RADIUS OF 624.06 FEET AND A RADIAL BEARING OF SOUTH 70 DEGREES 33 MINUTES 18 SECONDS WEST FROM THE LAST DESCRIBED
POINT, 300.91 FEET- THENCE SOUTH 08 DEGREES 10 MINUTES 53 SECONDS WEST ALONG SAID EAST LINE BEING TANGENT TO 714E LAST
DESCRIBED CURVE AT THE LAST DESCRIBED POINT, 1,228.82 FEET, • THENCE SOUTHERLY ALONG SAID EAST LINE BEING A TANGEN77AL
CURVE TO THE LEFT HAVING A RADIUS OF 1,017.52 FEET, 309.01 FEET, THENCE SOUTH 09 DEGREES 13 MINU7ES 07 SECONDS EAST
ALONG SAID EAST LINE BEING TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT, 113.40 FEET, THENCE
SOU7HERLY ALONG SAID EAST LINE BEING ALONG A TANGEN77AL CURVE TO THE RIGHT HAVING A RADIUS OF 920.47 FEET. 568.44 FEET;
THENCE SOUTH 26 DEGREES 09 MINUTES 53 SECONDS WEST ALONG SAID EAST LINE BEING TANGENT TO THE LAST DESCRIBED CURVE
AT THE LAST DESCRIBED POINT, 447.17 FEET TO THE CENTER LINE OF AN ABANDONED AND VACATED ROAD; THENCE SOUTH 68
DEGREES 40 MINUTES 20 SECONDS EAST ALONG SAID CENTER LINE, 141.24 FEET, ]HENCE SOU7H 43 DEGREES 23 MINUTES 20
SECONDS EAST ALONG SAID CENTER LINE, 1,158.07 FEET TO A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE
NOR7H 00 DEGREES 57 MINUTES 20 SECONDS EAST ALONG SAID EAST LINE 1,078.83 FEET TO THE POINT OF BEGINNING (EXCEPTING
7HEREFROM, SAID TRACT OF LAND DESCRIBED IN A QUIT CLAIM DEED FROM PALOS BANK AND TRUST COMPANY, TRUST NO. 1 -1620 TO
BRUCE 0. AND VIRGINIA J. BUHRMASTER, HIS WIFE, RECORDED AS DOCUMENT NO. 83 -5890 ON DECEMBER 23, 1983); AND ALSO THAT
PART OF THE NORTHEAST QUARTER OF SAID SEC77ON 4, TOWNSHIP AND RANGE AFORESAID, DESCRIBED AS FOLLOWS.- COMMENCING AT
THE NORTHWEST CORNER OF SAID NOR774EAST QUAR7ER,• THENCE SOU7H 00 DEGREES 57 MINUTES 20 SECONDS WEST ALONG THE WEST
LINE OF SAID NORTHEAST QUARTER, 1,078.83 FEET TO THE CENTER LINE OF AN ABANDONED AND VACATED ROAD; THENCE SOUTH 43
DEGREES 23 MINUTES 50 SECONDS EAST ALONG SAID CENTER LINE 179.20 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT - A l ,
THENCE SOU77-1 43 DEGREES 23 MINUTES 50 SECONDS EAST ALONG SAID CENTER LINE, 99.85 FEET, THENCE NOR7H Ol DEGREES 07
MINUTES 00 SECONDS EAST 121.26 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 01 DEGREES 07 MINUTES 00 SECONDS WEST,
320.90 FEET TO THE CENTER LINE OF ILLINOIS ROUTE NO. 126,• THENCE NOR7H 57 DEGREES 27 MINUTES 13 SECONDS WEST ALONG
SAID CENTER LINE, 82.04 FEET TO A LINE DRAWN SOU7H 01 DECREES 07 MINUTES 00 SECONDS WEST FROM POINT A" AFORESAID;
THENCE NORTH 01 DEGREES 07 MINU7ES 00 SECONDS EAST, 228.06 FEET TO SAID POINT "A", THENCE NOR7H 43 DEGREES 23
MINUTES 50 SECONDS WEST ALONG 7HE CENTER LINE OF SAID ABANDONED AND VACATED ROAD, 179.20 FEET TO THE WEST LINE OF
SAID NORTHEAST QUARTER; 7HENCE NORTH 00 DEGREES 57 MINUTES 20 SECONDS EAST ALONG SAID WEST LINE, 121.61 FEET TO A
LINE DRAWN NORTH 43 DEGREES 23 MINU7ES 50 SECONDS WEST FROM 7HE POINT OF BEGINNING, • ]HENCE SOU7H 43 DEGREES 23
MINUTES 50 SECONDS EAST 279.54 FEET TO THE POINT OF BEGINNING ALL IN KENDALL TOWNSHIP, KENDALL COUNTY, ILUNOIS