Ordinance 2006-062 DIAL000339 'k5
r: Pd for Record in
KENDALL COMM ILLINOIS
STATE OF ILLINOIS PAUL ANDE
s$ At 08:55 im.
ORDINANCE 59. 00
COUNTY OF KENDALL "upchar-
ge 10.00
R 1 S
ORDINANCE NO. 2006-
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
(Kleinwachter Property)
WHEREAS, it is prudent and in the best interest of the UNITED CITY OF
YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining
to the annexation of 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 Annexation 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, the statutory procedures provided in 65 ILC S 11- 15.1. as amended,
for the execution of said Annexation Agreement has been fully complied with; and
Page 1 of 3
WHEREAS, the property is presently contiguous to the City.
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NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY,
ILLINOIS, AS FOLLOWS;
Section l: The Mayor and the City Clerk are herewith authorized and directed to
execute, on behalf of the City, an Annexation Agreement concerning the annexation of
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the real estate described therein, a copy of which Annexation 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 c3 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 Day , A.D. 2006.
7yz"4 01
MAYOR
Page 2 of 3
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this \\ day o , A.D. 2006.
ATTEST:
C
Prepared by:
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John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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Page 3 of 3
STATE OF ILLINOIS )
ss. January 16, 2006
COUNTY OF KENDALL ) Revised February 9, 2006
February 13, 2006
June 28, 2006
ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE
of
OLD SECOND BANK TRUST # 8051
THIS AGREEMENT is made and entered into this I f� day of J Y , 2006
by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal
corporation, located in Kendall County, Illinois (hereinafter referred to as "CITY "), and OLD
SECOND BANK TRUST # 8051, of Kendall Township, Kendall County, Illinois (hereinafter
referred to as "OWNER "); (Tax I.D.# 05 -09- 300 -003 & 05 -09- 300 -009).
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WITNESSETH
WHEREAS, OWNER is the OWNER of land which lies South and West of and
contiguous to the existing corporate limits of the CITY, and which said real property is more
particularly described in the attached Exhibit "A ", which is incorporated herein by reference and;
which is not located within the corporate boundaries of any other municipality; and
WHEREAS, OWNER desires to annex the said real property described into the CITY, its
Plan Commission has considered the Petition to Annex, and the City Council has heretofore both
requested and approved the proposed Annexation, Land Use, and the Zoning of the same at the
request of OWNER and the CITY; and
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WHEREAS, OWNER has presented, and the CITY has considered, the tract, of real
property herein described in the attached Exhibit "A" in order to make said real property a
desirable addition to the CITY; and
WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions
upon which the land heretofore described will be annexed to the CITY in an orderly manner, and
WHEREAS, OWNER and its representatives have discussed the proposed Annexation
and have had public meetings with the Plan Commission and the City Council, and prior to the
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execution hereof, notice was duly published and a Public Hearing was held by the City Council
to consider this Agreement, as required by the Statutes of the State of Illinois in such case made
and provided.
WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65
ILCS 5/11- 15.1 -1 through 51.1 -5 (2004), inclusive, relating to Annexation Agreements, the
parties hereto wish to enter into a binding agreement with respect to the future annexation and
zoning of the subject Property and to provide for various other matters related directly or
indirectly to the annexation of the Property in the future, as authorized by, the provisions of said
statutes; and
WHEREAS, pursuant to due notice and publication in the manner provided by law, the
appropriate zoning authorities of the CITY have held such public hearing and have taken all
further action required by the provisions of 65 ILCS 5/11- 15.1.3 and the ordinances of the CITY
relating to the procedure for the authorization, approval and execution of this Annexation
agreement by the CITY.
NOW THEREFORE, for and in consideration of the mutual promises and covenants
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herein contained, the parties agree, to the terms and authority provided in 65 ILCS 5111 -15
through 65 ILCS 5/11- 15.1 -5 (2004), as amended, as follows:
1. A. ANNEXATION AND ZONING. The CITY shall adopt an Ordinance
Annexing to the CITY all of the real property described herein in the attached Exhibit "A ";
depicted in the attached Exhibit `B" Annexation Plat, attached hereto and incorporated herein by
referenced; and the CITY in said ordinance shall zone the real property designated in the attached
Exhibit "A" subject to the further terms of this Agreement (B -3 Service Business District Zoning
Ordinance and R -2 Residential District Zoning Ordinance.)
Said zoning shall allow the uses, size, density, area, coverage, and maximum building
heights as set forth on Exhibit "C" for (B -3 Service Business District) and as time to time
modified by the CITY. Said real property shall be used and developed in accordance with 65
ILCS 5111 -15.1 through 65 /I1LCS 5/11- 15.1 -5 (2004), and in accordance with the City
Subdivision Control and Zoning Ordinances.
B. (i) That in addition to the uses permitted above in the B -3 Service
Business District), as the western area of the subject property as described in Exhibit "D" shall be
permitted to be used for all R -2 Residential District as provided in the Zoning Ordinance in the
event OWNER is unable to develop that portion of said property within 10 years of Execution of
this Annexation Agreement by the United City of Yorkville, and any uses as time to time
approved in that class by the CITY.
(ii) In the event OWNER desires to modify said Flex Zoning and develop
the real property described in the attached as Exhibit "D ".
C. The OWNER, and its successors and assigns hereby agree that prior to
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issuance of a building permit on the subject parcel, a site development plan shall be submitted
and approved by the City Council of the United City of Yorkville; or that said real property shall
be subdivided according to CITY Ordinances if multiple lots are sought.
2. CITY'S AGREEMENTS.
A. The CITY agrees that due to the nature of the non - residential use and
zoning classification of a portion of the parcel described in Exhibit "A" and Exhibit "D ",
OWNER has no obligation to pay School Transition Fees or Land -Cash Fees for the portion of
the subject parcel described in Exhibit "A" and Exhibit "D" which is used for the purpose
provided under the CITY B -3 Business District.
B. OWNER agrees that School Transition fees to the Yorkville School
District shall be paid per residential dwelling unit in said subdivision as required by City
Ordinance at the time of a residential zoning class being granted upon the issuance of a building
permit for each residential dwelling unit; and Development fees per residential dwelling unit to
the CITY, and other fees to the CITY in conformance with the City Ordinances or as modified by
the CITY. Said School Transition fees, development fees, and other fees shall be paid per
residential dwelling unit concurrent with and prior to the issuance of each respective subject
residential dwelling unit building permit. Said fees are being paid voluntarily and with the
consent of OWNER and Developer based upon this contractual agreement voluntarily entered
into between the parties after negotiation of this Agreement. OWNER and Developer knowingly
waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. No
School Transition Fees, or School -Park Land Cash Fees shall be charged on any real property
zoned and used for business, office, or manufacturing purposes under the terms of this
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Agreement.
C. OWNER shall be allowed one free Sanitary Sewer Tap to the CITY
Sanitary Sewer Mains (up to 6" when available); and one free Water Main Tap to the CITY
Water mains (up to 2" when available), and a meter therefore as to the real property described in
the attached Exhibit "A ". Nothing contained herein shall waive any Recorded Recapture
Agreement payments which may be required to be paid upon hooking up to CITY Water and
Sanitary Sewer Main and which appear of Record if any are applicable as to the subject property
being within any Recapture Service Area; or any fees charged by other governmental agencies.
D. CITY agrees to rebate to the OWNER within 30 days of the presentation
of the paid Real Estate Tax Bill to the City Treasurer, the CITY'S portion for the CITY and
Library Real Estate Taxes as to the subject parcel. This will take place and be paid by the CITY
until the property is developed, by reason of a building permit being issued, upon a Final Plat of
Subdivision being recorded for any portion of the subject real property, whichever occurs first.
E. OWNER shall not be required by CITY to hook -on to the CITY Water or
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Sanitary Sewer System at the time of entering into this Annexation Agreement, but may do so
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upon their desire to obtain those services, when available to the subject property.
F. Upon annexation, the OWNER will receive police protection, 911 service
and library service as provided by CITY.
G. The CITY will not require the OWNER to annex to Yorkville Bristol
Sanitary District or other applicable sanitary district, until platting or application for a building
permit seeking to hook up to the CITY sewer system is sought by OWNER. OWNER agrees to
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cooperate with other entities to formulate a separate agreement to allow for contiguity of other
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properties to a Sanitary District if requested.
H. OWNER shall be permitted to continue their existing agricultural uses on
the subject real property as a legal non - conforming uses until the subject real property is
developed.
I. OWNER agrees to cooperate with other land OWNER and developers along
State Route 47 in the vicinity of this property to help fund regional roadway improvements to
Route 47.
3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is
specifically understood and agreed that OWNER and its successors and assigns shall have the
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right to sell, transfer, mortgage and assign all or any part of the subject property and the
improvements thereon to other persons, trusts, partnerships, firms, or corporations, for
investment, building, financing, developing and all such purposes, and that said persons, trusts,
partnerships, firms, or corporations shall be entitled to the same rights and privileges and shall
have the same obligations as OWNER under this Agreement and upon such transfer, the
obligations pertaining to the property transferred or sold shall be the sole obligations of the
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transferee, except for any performance bonds or guaranties posted by OWNER on any subdivided
or unimproved property for which an acceptable substitute performance bond or letter of credit
has not been submitted to the CITY.
4. TIME OF THE ESSENCE, It is understood and agreed by the parties hereto that
time is of the essence of this Agreement and that all of the parties will make every reasonable
effort, including the calling of special meetings, to expedite the subject matter hereof. It is further
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understood and agreed by the parties that the successful consummation of this Agreement
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requires their continued cooperation.
5. COVENANTS AND AGREEMENTS. The covenants and agreements contained
in this Agreement shall be deemed to be covenants running with the land during the term of this
Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of
the parties hereto, including the CITY, its corporate authorities and their successors in office, and
is enforceable by order of the court pursuant to its provisions and the applicable statutes of the
State of Illinois.
6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding
upon and inure to the benefit of the parties hereto, and their successors and OWNERS of record
of land which is the subject of this Agreement, assignee, lessees, and upon any successor
municipal authorities of said CITY, so long as development is commenced within a period of
twenty years from the date of execution of this Agreement by the CITY.
7. NOTICE. Any notices required hereunder shall be in writing and shall be served
upon any other party in writing and shall be delivered personally or sent by registered or certified
mail, return receipt requested, postage prepaid, addressed as follows:
If to the City: City Clerk
800 Game Farm Road
Yorkville, IL 60560
With a copy to: Daniel J. Kramer, City Attorney
1107A S. Bridge Street
Yorkville, IL 60560
To OWNER: Old Second Bank Trust #8051
C/O Herb & Pam Kleinwatcher
1201 Game Farm Rd.
Yorkville, IL 60560
or to such other addresses as any party may from time to time designate in a written notice to the
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other parties.
8. ENFORCEABILITY. This Agreement shall be enforceable in any court of
competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to
secure the performance of the covenants herein contained.
In the event any portion of said agreement becomes unenforceable due to any
change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this
Agreement shall be excised here from and the remaining portions thereof shall remain in full
force and effect.
9. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances
which are required to give legal effect to the matters contained in this Agreement or to correct
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any technical defects which may arise after the execution of this Agreement.
10. The CITY shall rebate the Real Estate Taxes for any year that farming has occurred
for the entire year and will cease upon the development taking place on the subject real property.
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IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this
vQ_ dayof V wt G , 2006
UNITED CITY OF YORKVILLE
Kendall County, Illinois
By: - � Z'l L..Lz
Arthur F. Prochaska, Jr., May
Atte
City Clerk
This intttrurAerrt is exeeutad by TWE OLD SECOND
OWNER: Old Second Bank Trust #8051
NATIONAL BANK at Autura, ft's," w* but
sw* ss Trusm, as eforevid. M the cr am wu and By: TR OFFICER
conditions to be erfsar~33od herein car try THE GLO
SECOND NATtfl�, BARK qa madoaakKt by if a0* /
ors Trvaeea, as iafvMsuid and not indhitcnift,
p�txtel tis. � xha� taw a�uri�ad or ►,;ra erriix3�sas1 x*� .
THE OLD SELO s� WTif%4. ftA,NK by rget&n of 8/ of
the �r►ntrts, ran�oatr� of re;u�orurscc�ntsiined
in the htsu ment
Prepared by and Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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EXHIBIT LIST
Exhibit A - Legal description for entire parcel
Exhibit B - Annexation Plat
Exhibit C - B -3 Service Business District Zoning Ordinance and uses
Exhibit D - B -3 zoned area legal description
Exhibit E - R -2 zoned area legal description
Exhibit F - R -2 Single Family Residential District Zoning Ordinance and uses
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RESIDENTIAL PROPERTY:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 36
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 9;
THENCE WESTERLY, ALONG THE SOUTHERLY LINE OF SAID SECTION
2672.0 FEET TO THE TANGENT CENTERLINE OF ILLINOIS STATE ROUTE NO.
47, EXTENDED FROM THE SOUTH; THENCE SOUTH 00 DEGREES 00 MINUTES
00 SECONDS EAST, ALONG SAID TANGENT CENTERLINE EXTENDED AND
SAID TANGENT CENTERLINE, 869.22 FEET; THENCE SOUTH 89 DEGREES 34
MINUTES 04 SECONDS WEST 615.0 FEET; THENCE NORTH 24 DEGREES 54
MINUTES 19 SECONDS EAST, ALONG AN OLD CLAIM LINE, 415.50 FEET;
THENCE NORTH 65 DEGREES 13 MINUTES 06 SECONDS EAST, 554.60 FEET;
THENCE NORTH 24 DEGREES 54 MINUTES 19 SECONDS WEST, 165.00 FEET;
THENCE NORTH 21 DEGREES 10 MINUTES 38 SECONDS WEST, 66.13 FEET;
THENCE NORTH 24 DEGREES 54 MINUTES 19 SECONDS WEST, 184.50 FEET;
THENCE SOUTH 65 DEGREES 13 MINUTES 06 SECONDS WEST, 558.89 FEET TO
THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY,
ILLINOIS AND CONTAINING 5.300 ACRES.
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COMMERCIAL PROPERTY:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 9 TOWNSHIP 36
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 9;
THENCE WESTERLY, ALONG THE SOUTHERLY LINE OF SAID SECTION,
2672.0 FEET TO THE TANGENT CENTERLINE OF ILLINOIS STATE ROUTE NO.
47, EXTENDED FROM THE SOUTH; THENCE SOUTH 00 DEGREES 00 MINUTES
00 SECONDS EAST, ALONG SAID TANGENT CENTERLINE EXTENDED AND
SAID TANGENT CENTERLINE, 869.22 FEET; THENCE SOUTH 89 DEGREES 34
MINUTES 04 SECONDS WEST 615.0 FEET; THENCE NORTH 24 DEGREES 54
MINUTES 19 SECONDS WEST, ALONG AN OLD CLAIM LINE, 2297.34 FEET;
THENCE SOUTH 24 DEGREES 54 MINUTES 19 SECONDS EAST, ALONG AN
OLD CLAIM LINE. 415.50; THENCE NORTH 65 DEGREES 13 MINUTES 06
SECONDS EAST, 554.62 FEET FOR THE POINT OF BEGINNING: THENCE
NORTH 65 DEGREES 13 MINUTES 06 SECONDS EAST, 554.62 FEET FOR THE
POINT OF BEGINNING: THENCE NORTH 65 DEGREES 13 MINUTES 06
SECONDS EAST, 471.91 FEET TO THE WESTERLY RIGHT -OF -WAY LINE OF
SAID ILLINOIS STATE ROUTE NO. 47; THENCE NORTHWESTERLY, ALONG
SAID WESTERLY RIGHT -OF -WAY BEING A CURVE TO THE LEFT WITH A
RADIUS OF 5395.88 AND A CHORD BEARING OF NORTH 25 DEGREES 01
MINUTES 51 SECONDS WEST AN ARC DISTANCE OF 415.61 FEET: THENCE
SOUTH 65 DEGREES 13 MINUTES 06 SECONDS WEST, 466.70 FEET; THENCE
SOUTH 24 DEGREES 54 MINUTES 19 SECONDS EAST, 184.50 FEET: THENCE
SOUTH 21 DEGREES 12 MINUTES 22 SECONDS EAST, 66.13 FEET: THENCE
SOUTH 24 DEGREES 54 MINUTES 19 SECONDS EAST, 165.00 FEET TO THE
POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY,
ILLINOIS AND CONTAINING 4.500 ACRES
PLAT OF ANNEXATION
THAT PANT OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 36 NORTH, RANGE 7EAST OF THE TIBRDPRINCIP L MERIDIANDFSC'RIBED AS FOLLOWS:
_ COMMENCING AT THE SOUTHEAST CORNEROFSAID SECTION 1; THENCE WESTERLY,AL-0110 THE SOUTIERLY LINE OF SAIDSECFION, 2672.1* FEET TO THETANGENT
CENTERLINE OF E4LIN015 STATE ROUTE NO. 47, EXTENDED FROM THE SOUTH: THENCE SOUTH W DEGREES M MINUTES W SECONDS EAST, ALONG SAID TANGENT
CENTERLINE EX7E 14EN FIS
NDIDAND SAID TANGENT CENTERLINE. R6922 FEET; TCE SOUTH 89 DEOR 34 MIh'lPi'bS 04 SECONDS WEST. 615.00 FEET NORTH 21
DEGREES 54 MINUTES 19 SECONDS WEST, ALONG AN OLD CLAIM LINE, 229734 FEET FOXTHE POINT' OF BEGINNING. THENCE SOUTH 24 DEGREES 54 MINUTES 19
SECONDS EAST. ALONG SAID OLD CLAIM LINE, 415.50 FEET; THENCE NORTH 65DEGREES 13 MINUTES 06 SECONDS EAST. 1076.51 FEET TO 741E WESTERLY RGITTOF
WAY OF SAID ILLINOIS S9'ATE ROITTE NO. 47; THENCE NORTHWESTERLY, ALONG SAID WESTERLY RIGHT OF WA1' BEWGA CURVE TO THEIE T WITH A RADIUS OF
5395 98 FEET AND A CHORD BEARING OFNORTu 45 DECACEES W MINUTES 00 SECONDS WEST, AN ARC DISTANCE OF 413.61 FEET TO A LINE DRAWN NORTH 65 DEGREES
13 MINUTES 06 SECONDS EASTFROM THE POINT OF BEGINNING; THENCE SOUTH 65 DEGREES 13 MINUTES 06 SECONDS WEST, 1025.60 FEET TO THE POINT OF
Scale; l' =100' BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY. ILLIN01S AND CONTAINING 9.8125ACRES,
AI ZOMNG \ \ \' I
KENDALL COUNTY O I `, 1{'
LOCATION MAP \
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4.88 ACRES " �. _;
212,706 SQ F1' \
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4.93 ACRES �og
214,727 SQ FT
-
- OW NL• R!DEVI:I,OPI:R:
01 w- ^U� HERB GAMCFARMRACIDEC
YORKVIII.E,IL60560
N t'L?Y -SCl `af' 1,
PAITINGF.R FARMS 1. L C. °� 4` YW ti
Al ZONIN :.� - 5 ' ' ab�^i TOTAL ACREAGE = 9.8 ACRES
KE14DALL COUNTY
SCS BUILDING
B3 ZONING
KENDALL COUNTY -
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1111}: OISP?WFS - ilO:YALlAND 51$s'L1Tlit S21 }_
FFSItiiR:Y1G'L \NREa 11d0.1Ms5 LAND SURVEYORS � INC.
RlSLT PDA1LTtRFMTTDI:T.VSLA9N1R PU1llYlilH L.11l] IPATC h%Tf ISiDYVR� TIA4 .i St reet
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FW_n':'I:YI IVTDY.MRVPJtT40FRq . l.4SOi'I.STL4IAfA161'RVPIt \]nY Ate 9W1 - 4 W4lSt Main Strreet -
- WTID`ISc91LM Afil'ITDD.1[P!RPU46TIG1TAL'IR % tTil \Y(11%]IR iHF NRJTiG' _
Lq>z serll, Fn: aA��luwt�nAaeTrlur- RatAS�rlalucuvDwxrl;YORQItR. - - Piano, Illinois 60548
(630) SS2 -77"2
DESIGN FIRM N& 184004}475
DWG# 2005.12628002 8 (ANNE)Q
E. Lot Coverage
Not more than eighty percent (90!) of the area of the zoning
lot may be occupied by buildings and structures, including
accessory buildings=
Fa Building Height
No building or structure shall be erected or altered to
exceed a maximum height of thirty-five (35) feet, or three
(3) stories.
G. Off - Street Parkina and Loading
All in accordance with the regulations set forth in Section
9000 of this ordinance. -
7804 B-3 SERVICE BUSINESS DISTRICT
A. Permitted Uses (1!9156)
All uses permitted in Mini -- Warehouse Storage
the B -2 District
Miniature Golf
Agricultural Implement
Sales and Service Nursery
Appliance - Service Only Orchard
Boat Sales Park - Commercial Recreation
Building Material Sales Plumbing Supplies and
Fixture Sales
Business Machine Repair
Pump Sales
Car Wash
Sports Arena
Drive -in Restaurant
Stadium
Electrical Equipment Sales
Taxicab Garage
Feed and Grain Sales
Tennis Court - Indoor
Frozen Food Locker
Trailer Rental
Furniture Repair and
Refinishing Truck Rental
Golf Driving Range Upholstery Shop
7 -7
Greenhouse Veterinary Clinic
Kennel
B. Special Uses
1. All special uses permitted in the Bm2 District
2, Amusement Park
3. Boat launching ramp
4. Boat Rental and Storage
C. Lot Size
No lot shall have an area less the 10,000 square feet.
(1/9/86)
D. Yard Area
No building shall be erected or enlarged unless the
following yards are provided and maintained in connection
with such building, structure or enlargement:
1. Front Yard. A front yard of not less than fifty (50)
feet.
2. Side Yard. A minimum side yard shall be required
between buildings within the B °3 district of 20 feet,
between a building constructed thereon and the side lot
line, except in any existing B °3 zoning district within
the corporate boundaries, where no minimum side yard
shall be required between buildings, except where a
side yard adjoins a street, wherein a minimum side yard
of not less than 20 feet shall be required. (1/9/86)
3. Rear Yard. A rear yard of not less than twenty (20)
feet.
4. Transitional Yard. Where a side or rear lot line
coincides with a R---1 or R -2 Residential District Zone,
a yard of not less the thirty (30) feet shall be
required. (2/12/87)
E. Lot Coverage
Not more than fifty percent (50%) of the area of the zoning
1 ®t may be t_Ip; a ;r J132 1d9.ngs >) tv n-- 'ud?ng
accessory b,,; 21ings.
7-8
Fa Bui Hei ®ht
No building or structure shall be erected or altered to
exceed a maximum height of twenty -five (25) feet, or two (2)
stories.
G. Off - Street Parkin° and Uoadino
All in accordance with regulations set forth in Section 9.00
of this ordinance.
7.05 B ®4SGRVICC_SUSINCSS DISTRICT (1/9/ 86)
A. Permitted Uses
All uses permitted in the Sm3 District
' Auction Rouse
Automobile sales and Service
Garage - Gus or Truck
Motorcycle Sales and Service
Recreational Vehicle Sales and Service
Truck Sales and Service
Utility Company Maintenance
Utility Service Yard or Garage
B. Special Uses
All uses permitted in the S -3 District
C. Cot Size
No lot shall have an area less than 10,000 square feet.
D. Yard Area
No building shall be erected or enlarged unless the
following yards are provided and maintained in connection
with such building, structure or enlargement-
1. Frost Yard. A front yard of not less than fifty (50)
feet.
7 -9
COMMERCIAL PROPERTY:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 9 TOWNSHIP 36
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 9;
THENCE WESTERLY, ALONG THE SOUTHERLY LINE OF SAID SECTION,
2672.0 FEET TO THE TANGENT CENTERLINE OF ILLINOIS STATE ROUTE NO.
47, EXTENDED FROM THE SOUTH; THENCE SOUTH 00 DEGREES 00 MINUTES
00 SECONDS EAST, ALONG SAID TANGENT CENTERLINE EXTENDED AND
SAID TANGENT CENTERLINE, 869.22 FEET; THENCE SOUTH 89 DEGREES 34
MINUTES 04 SECONDS WEST 615.0 FEET; THENCE NORTH 24 DEGREES 54
MINUTES 19 SECONDS WEST, ALONG AN OLD CLAIM LINE, 2297.34 FEET;
THENCE SOUTH 24 DEGREES 54 MINUTES 19 SECONDS EAST, ALONG AN
OLD CLAIM LINE. 415.50; THENCE NORTH 65 DEGREES 13 MINUTES 06
SECONDS EAST, 554.62 FEET FOR THE POINT OF BEGINNING: THENCE
NORTH 65 DEGREES 13 MINUTES 06 SECONDS EAST, 554.62 FEET FOR THE
POINT OF BEGINNING: THENCE NORTH 65 DEGREES 13 MINUTES 06
SECONDS EAST, 471.91 FEET TO THE WESTERLY RIGHT -OF -WAY LINE OF
SAID ILLINOIS STATE ROUTE NO. 47; THENCE NORTHWESTERLY, ALONG
SAID WESTERLY RIGHT -OF -WAY BEING A CURVE TO THE LEFT WITH A
RADIUS OF 5395.88 AND A CHORD BEARING OF NORTH 25 DEGREES O1
MINUTES 51 SECONDS WEST AN ARC DISTANCE OF 415.61 FEET: THENCE
SOUTH 65 DEGREES 13 MINUTES 06 SECONDS WEST, 466.70 FEET; THENCE
SOUTH 24 DEGREES 54 MINUTES 19 SECONDS EAST, 184.50 FEET: THENCE
SOUTH 21 DEGREES 12 MINUTES 22 SECONDS EAST, 66.13 FEET: THENCE
SOUTH 24 DEGREES 54 MINUTES 19 SECONDS EAST, 165.00 FEET TO THE
POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY,
ILLINOIS AND CONTAINING 4.500 ACRES
RESIDENTIAL PROPERTY:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 36
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 9;
THENCE WESTERLY, ALONG THE SOUTHERLY LINE OF SAID SECTION
2672.0 FEET TO THE TANGENT CENTERLINE OF ILLINOIS STATE ROUTE NO.
47, EXTENDED FROM THE SOUTH; THENCE SOUTH 00 DEGREES 00 MINUTES
00 SECONDS EAST, ALONG SAID TANGENT CENTERLINE EXTENDED AND
SAID TANGENT CENTERLINE, 869.22 FEET; THENCE SOUTH 89 DEGREES 34
MINUTES 04 SECONDS WEST 615.0 FEET; THENCE NORTH 24 DEGREES 54
MINUTES 19 SECONDS EAST, ALONG AN OLD CLAIM LINE, 415.50 FEET;
THENCE NORTH 65 DEGREES 13 MINUTES 06 SECONDS EAST, 554.60 FEET;
THENCE NORTH 24 DEGREES 54 MINUTES 19 SECONDS WEST, 165.00 FEET;
THENCE NORTH 21 DEGREES 10 MINUTES 38 SECONDS WEST, 66.13 FEET;
THENCE NORTH 24 DEGREES 54 MINUTES 19 SECONDS WEST, 184.50 FEET;
THENCE SOUTH 65 DEGREES 13 MINUTES 06 SECONDS WEST, 558.89 FEET TO
THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY,
ILLINOIS AND CONTAINING 5.300 ACRES.
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6.03 R-2 DUPLEX- TWO-FAMILY RESIDENCE DISTRICT
A. Permitted Uses. The following uses are permitted-
1. Any permitted use in the R -2 One- Family Residence
District.
2. Two family semi - detached dwellings (Duplexes).
B. Special Uses. The following uses may be allowed by special
use permit in accordance with the
provisions of Section 12.00: Any use permitted as a special
use in the R -1 One-Family Residence District, subsection
6.01 except that Planned Developments may be considered
where the zoning lot proposed for development has a gross
area of not less than ten (10) acres.
C. Lot Size and Allowable Density
1. Lots with private wells and /or private sewage treatment
facilities: One and one -half acres with a width at the
building line not less than 150 feet. Density shall
not exceed one and three - tenths (1.3) dwelling units
per acre. Private wells and /or private sewage
treatment facilities may be used to serve a lot
containing a minimum of one and one -half acres within
the City limits, and within the 1 -1/2 mile planning
limits of said City, only upon application and
obtaining a special use from the City Plan Commission
and approved by the City Council of the United City of
the Village of Yorkville. The standards for approval
of a special use permit shall be only upon:
a. A showing by the Petitioner that an undue hardship
exists to establish a connection to the City water
and /or sewer mains.
b. That no sewer or water lines exist within 250 feet
of the proposed development of Petitioner.
C. That due to unique size,, terrain, or character of
the Petitioner's development, it is necessary to
allow individual private wells and private sewage
treatment facilities so as to facilitate the
orderly growth of a particular development.
d7 That the City is unable to provide capacity in its
water or sewer mains; or the Petitioner is unable
to secure sufficient capacity of the Yorkville -
Bristol Sanitary District plant for disposal of
sewage.
6-96
2. Lots served by both public sewer and water facilities
shall have an area of not less than 15,000 square fleet
and a width at the building line of not less than 100
feet. Density shall not exceed four and eight-tenths
(4.8) dwelling units per each acre.
3. All non - residential principal uses of buildings as
permitted in this section shall be located on a tract
of land having an area of not less than two (2) acres,
except muinicipal projects and developments.
4. Lot size for Special Uses shall be specified in the
special use permit, but shall not be less than two (2)
acres.
D. Yard Areas. No building shall be erected or enlarged unless
the following yards are provided and maintained in
connection with such building structure or enlargement:
1. Front Yard_. A front yard of not less than thirty (30)
feet.
2. Side Yard. A side yard on each side of the zoning lot
of not less than ten (10) feet, or 10 %, whichever is
greater, except where a side yard adjoins a street, the
minimum width shall be increased to thirty (30) feet§
3. Rear Yard. A rear yard of not less than thirty (30)
feet. -
S. Lot Coverace. Not more than 30 percent of the area of a
zoning lot may be covered by buildings or structures,
including accessory buildings.
F. Maximum Suildinc Heiaht. Same regulations shall apply as
permitted or required in the R -1 One - Family Residence
District.
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