Ordinance 2002-08 200300002281
Filed for Record in
KENDALL COUNTY ILLINOIS
PAUL ANDERSON '
01-23-2003 At 02:47 pm.
Revised April 17, 2002 ORDINANCE� 18.00
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2002 -L-)�
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN AMENDMENT TO
ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT
(GREEN BRIAR SUBDIVISION)
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County, Illinois, that a certain Amendment to Annexation and Planned Unit Development
Agreement permitting rezoning of existing Lots 16, 17,27,28,29,30,3 1,and 32 from R21)Duplex,
Two Family Residence District to R-2 One Family Residence District now known as Lots 190-200;
and
WHEREAS,said Amendment to Annexation and Planned Unit Development Agreement has
been drafted and has been considered by the City Council; and
WHEREAS,the legal owner 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 ILCS 5/11-15.1-1,as amended,for the
execution of said Amendment to Annexation and Planned Unit Development Agreement has been
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. t
fully complied with; and
WHEREAS, the property is contiguous to the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute,
on behalf of the City, a Amendment to Annexation and Planned Unit Development Agreement
permitting rezoning of existing Lots 16, 17, 27, 28, 29, 30, 31, and 32 from R2D Duplex, Two
Family Residence District to R-2 One Family Residence District now known as Lots 190-200 a copy
of which Amendment to Annexation and Planned Unit Development Agreement is attached hereto
and made a part hereof.
Section 2: 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).
Section 3: That this Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
MIKE ANDERSON - JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
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APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
n
:�day of , A.D. 20 0�
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
day of ,A.D. 20va-
Attest:
CITY C ERK
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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April 17, 2002 COPY
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 (�cam a�- 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 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 R2D 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
"'�Az By:
MAYOR
ATTEST: DATED:
OWNER:
CI E OLD SECOND NATIONAL BANK OF
AURORA, as Trustee under Trust#5358
DATED: a3
By:
Attest:
Prepared by & Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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