Ordinance 2002-07 200-200002280
)228 )
Filed for Record in
KENDALL COUNTY, ILLINOIS
PAUL ANDERSON
01-23-2003 At 02:43 pm.
ORDINANCE 22,.CCU
Revised April 17, 2002
STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
ORDINANCE NO. 2002��
AN ORDINANCE APPROVING
AMENDMENT TO
ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT
and
REZONING OF EXISTING LOTS 16, 17,27,28,29,30,31,AND 32
NOW KNOWN AS LOTS 190-200 OF GREEN BRIAR SUBDIVISION
FROM R2D DUPLEX,TWO FAMILY RESIDENCE DISTRICT TO
R-2 ONE FAMILY RESIDENCE DISTRICT
CONCERNING REAL PROPERTY OWNED BY
OLD SECOND NATIONAL BANK OF AURORA TRUST#5358
WHEREAS,the Plan Commission and the City Council of the United City of Yorkville
have held all public meetings,public hearings, and considered the application for approval of an
Amendment to Annexation and Planned Unit Development Agreement; and rezoning of existing
Lots 16, 17, 27, 28, 29, 30, 31, and 32 now known as Lots 190-200 of Green Briar Subdivision
from R2D Duplex, Two Family Residence District to R-2 One Family Residence District; and
WHEREAS,publication was duly made in the Kendall County Record giving notice to
all those interested parties as required under the Illinois Compiled Statutes, and Ordinances of
the United City of Yorkville of the approval of the proposed Amendment to Annexation and
Planned Unit Development Agreement, affecting the real property described in the attached
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Exhibit"A", and rezoning of existing Lots 16, 17, 27, 28, 29, 30, 31, and 32 now known as Lots
190-200 of Green Briar Subdivision from R21)Duplex, Two Family Residence District to R-2
One Family Residence District; and
WHEREAS, a positive recommendation has been made from the Plan Commission for
approval of the Amendment to Annexation and Planned Unit Development Agreement, and
rezoning of existing Lots 16, 17, 27, 28, 29, 30, 31, and 32 now known as Lots 190-200 of Green
Briar Subdivision from R21)Duplex, Two Family Residence District to R-2 One Family
Residence District; and
WHEREAS,the City Council of the United City of Yorkville has recommended approval
of the Amendment to Annexation and Planned Unit Development Agreement a copy of which is
attached hereto and incorporated herein as Exhibit`B", and rezoning of existing Lots 16, 17, 27,
28, 29, 30, 31, and 32 now known as Lots 190-200 of Green Briar Subdivision from R2D
Duplex, Two Family Residence District to R-2 One Family Residence District:
NOW THEREFORE,upon motion duly made, seconded, and approved by a majority of
those members voting of the City Council of the United City of Yorkville does ORDAIN and
APPROVE the Amendment to Annexation and Planned Unit Development Agreement attached
hereto and incorporated herein by reference, and rezoning of existing Lots 16, 17, 27, 28, 29, 30,
31, and 32 now known as Lots 190-200 of Green Briar Subdivision from R21) Duplex, Two
Family Residence District to R-2 One Family Residence District.
REPEALER/SAVINGS. To the extent that this Ordinance is in conflict with any presently
existing Ordinance or portion thereof; such prior conflicting
Ordinance or part thereof is hereby repealed.
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The repeal of any Ordinance by this Ordinance shall not affect any
right accrued or liability incurred under such repealed Ordinance.
EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by
law.
MIKE ANDERSON JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT q
v MARTY MUNNS
ROSE SPEARS r RICHARD STICKA ."
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this day of , A.D. 2@D�
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois
this day of A.D. 202�.
Attest:
ITY CNERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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EXHIBIT A
LEGAL DESCRIPTION FOR GREEN BRIAR UNIT 4 P.U.D.:
THAT PART OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN KENDALL-COUNTY, ILLINOIS, MORE
PARTICULARLY DESCRIBED AS BEING A RESUBDIVISION OF LOTS 16
AND 17 OF GREEN BRIAR P.U.D. UNIT 1 AND LOTS 27 THRU 32 OF GREEN
BRIAR P.U.D. UNIT 2, SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS.
Revised April 25, 2002
STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
AMENDMENT TO
GREEN BRIAR SUBDIVISION
ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT
WHEREAS, OLD SECOND NATIONAL BANK OF AURORA, as Trustee under Trust
#5358 is the Owner, and Petitioner, and RW DEVELOPMENT is the Developer of certain real
property within the United City of Yorkville, Kendall County, Illinois commonly known as
"GREEN BRIAR SUBDIVISION"; and
WHEREAS, the Petitioner requests an amendment to the Annexation and Planned Unit
Development Agreement executed on JJ xc"A to permit the rezoning of
existing Lots 16, 17, 27, 28, 29, 30, 31, and 32 now known as Lots 190-200 of Green Briar
Subdivision from R21) Duplex, Two Family Residence District to R-2 One Family Residence
District; and
WHEREAS, a hearing was held before the Plan Commission of the United City of
Yorkville and it was recommended to the City Council to approve the requested change in the
Annexation and Planned Unit Development Agreement, and further that this Amendment to
Annexation and Planned Unit Development Agreement shall only affect the real property owned
by OLD SECOND NATIONAL BANK OF AURORA, as Trustee under Trust#5358 and being
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developed by RW DEVELOPMENT; and as described in the attached Exhibit"A"; and
WHEREAS, a public hearing was held at the City Council of the United City of
Yorkville as required by Illinois Compiled Statues:
NOW THEREFORE, upon motion duly made, seconded, and approved by a majority of
those voting, the following Amendment is made to the Annexation and Planned Unit
Development Agreement of Green Briar Subdivision entered into by and between the United
City of Yorkville and the owners of the subject property, OLD SECOND NATIONAL BANK
OF AURORA, as Trustee under Trust#5358 as the Owner, and Petitioner, and RW
DEVELOPMENT as the Developer dated d3 as follows:
1) The existing Lots 16, 17, 27, 28, 29, 30, 31, and 32 now known as Lots 190-200
of Green Briar Subdivision are rezoned from R213 Duplex, Two Family Residence
District to R-2 One Family Residence District; and
2) The Owner/Developer shall be allowed the following performance standards with
respect to the rezoned lots:
The minimum width of the lots at the 30' front yard setback is permitted to
be 75'. Side yards shall be permitted to be 15' for total side yard as to
garage and 20'between living area of the homes constructed(excluding
garage).
3) That this subject Amendment to Planned Unit Development Agreement shall
affect only that real property described in the attached Exhibit "A" to this
Agreement.
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4) The various parts, sections, and clauses of this Agreement are hereby declared to
be severable. If any part, sentence, paragraph, section, or clause is adjudged
unconstitutional or invalid by a Court of competent jurisdiction, the remainder of
the Agreement shall not be affected thereby.
DEVELOPER:
UNITED CITY OF YORKVILLE RW DEVELOPMENT
By: �k
AYOR
ATTEST: DATED: `f
OWNER:
T L OLD SECOND NATIONAL BANK OF
AURORA, as Trustee under Trust#5358
DATED:
By: `h
This instrument is executed by THE OLD SECOND
NATIONAL BANK of Aurora,Minis,not personally but ?
solely as Trustee, as aforesaid. AII the covenants and Attest:
conditions to be performed hereunder by THE OLD
SECOND NATIONAL BANK am undertaken by it solely
as Trustee, as aforesaid and not individually,and no
personal liability shall be asserted or be enforceable against
THE OLD SECOND NATIONAL BANK by reason of any
of the the covenants,statements or representations contained
Prepared by& Return to:
Law Offices of Daniel J. Kramer
I I 07 S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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EXHIBIT A
LEGAL DESCRIPTION FOR GREEN BRIAR UNIT 4 P.U.D.:
THAT PART OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN KENDALL-COUNTY, ILLINOIS, MORE
PARTICULARLY DESCRIBED AS BEING A RESUBDIVISION OF LOTS 16
AND 17 OF GREEN BRIAR P.U.D. UNIT 1 AND LOTS 27 THRU 32 OF GREEN
BRIAR P.U.D. UNIT 2, SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS.