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Ordinance 2002-17 Filed for Record in KENDALL COUNTY, ILLINOIS PAUL ANDERSON 11-04-2002 At 02:21 PM. June 14, 2002 ORDINANCE 18. 00 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2002 - k--A AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (FOX HIGHLANDS PHASE I) 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 modification of building locations in Phase I of Fox Highlands Subdivision as set out in the attached Exhibit"A"; 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 subj ect 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 5111-15.1-1,as amended,for the execution of said Amendment to Annexation and Planned Unit Development Agreement has been fully complied with; and -1- 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 modification of building locations in Phase I of Fox Highlands Subdivision a copy of which Amendment to Annexation and Planned Unit Development Agreement is attached hereto and made a part hereof. Section 2: 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 4dAPPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this ay of , A.D. 20yQ. MAYOR -2- PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this day of zth A.D. 20a. Attest CITY LERK Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -3- Exhibit "A" LEGAL DESCRIPTION Lots 174 through 189 inclusive, Lot 191, and Lots 195 through 200 inclusive, in Fox Highlands P.U.D. Phase One, in the City of Yorkville, according to the Plat thereof recorded November 30, 2000, as document #200000016554, Kendall Township, Kendall County, Illinois. 2002 0026702 Filed for Record in KENDALL COUNTY, ILLINOIS June 14, 2002 PAUL ANDERSON 11-04-2002 At 02:21 PM. AMEND LAND 18. 00 STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) AMENDMENT TO ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND THE EDMEIER GROUP, INC., FOR THE DEVELOPMENT KNOWN AS "FOX HIGHLANDS PHASE I" WHEREAS, FRONTIER LAND GROUP, L.L.C., is the Owner, Petitioner, and Developer of certain real property within the United City of Yorkville, Kendall County, Illinois commonly known as "FOX HIGHLANDS PHASE I"; and WHEREAS, the Petitioner requests an amendment to the Annexation and Planned Unit Development Agreement executed o _ a3 c700 a to permit the modification of building locations in Phase I of Fox Highlands Subdivision as set out in the attached Exhibit "A"' 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 and being developed by FRONTIER LAND GROUP, L.L.C., and as described in the attached -I- 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 Fox Highlands Phase I entered into by and between the United City of Yorkville and the owners of the subject property, the Petitioner, and the Developer, FRONTIER LAND GROUP, L.L.C. dated�-- i a3 .�ooa as follows: 1) That the building locations are modified in Phase I of Fox Highlands Subdivision as set out in the attached Exhibit"A". 2) That this subject Amendment to Planned Unit Development Agreement shall affect only that real property described in the attached Exhibit "A"to this Agreement. 3) 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. -2- OWNER/DEVELOPER: UNITED CITY OF YO,R�KVILLE FRONTIER LAND GROUP, L.L.C. MAYOR ATTEST: DATED: CIY_OLEft, DATED: 1 Prepared by&Return to: Law Offices of Daniel J. Kramer I I 07 S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -3- Exhibit "A" LEGAL DESCRIPTION Lots 174 through 189 inclusive, Lot 191, and Lots 195 through 200 inclusive, in Fox Highlands P.U.D. Phase One, in the City of Yorkville, according to the Plat thereof recorded November 30, 2000, as document#200000016554, Kendall Township, Kendall County, Illinois.