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Ordinance 2002-34 2c�03t 00i X4465 October 1, 2002 Filed for Record in KENDALL COUNTY, ILLINOIS PAUL ANDERSON STATE OF ILLINOIS ) 02-07-20035 At Or2:31 PM. ) ss ORDINANCE 21.00 COUNTY OF KENDALL ) ORDINANCE NO. 2002-3` ORDINANCE ANNEXING PROPERTIES TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS WHEREAS, GALENA YORKVILLE, L.L.C., an Illinois Limited Liability Company, "OWNERS/DEVELOPERS", as record owners in fee simple of a tract of real property contiguous to THE UNITED CITY OF YORKVILLE, have heretofore submitted a Petition for Annexation of said property; and WHEREAS, the development and annexation of said land has been considered by THE UNITED CITY OF YORKVILLE; and WHEREAS, THE UNITED CITY OF YORKVILLE deems it to be in its best interests to annex the said land described in said Petition for Annexation to THE UNITED CITY OF YORKVILLE; and WHEREAS, the Petitioner is the Owner of Record of said property and no electors reside thereon; and WHEREAS, said Petition is under oath requesting the annexation of said property to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois and in all respects is presented -1- in accordance with the provisions of Section 1-1-8 of the Illinois Municipal Code,being 65 ILCS 5111-15.1-1 et. seq. WHEREAS, said property is contiguous to THE UNITED CITY OF YORKVILLE and not within the corporate limits of any other municipality; and WHEREAS, the statutes provide that upon property affirmative vote of a majority of the City Council, contiguous property can be annexed to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois. BE IT ORDAINED by the City Council of THE UNITED CITY OF YORKVILLE, Kendall County, Illinois: Section 1: That the real property legally described as follows be and the same is hereby annexed to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois: See Attached Legal Description Section 2: That the City Limits of THE UNITED CITY OF YORKVILLE be, and they are hereby, extended to include the territory hereby annexed to THE UNITED CITY OF YORKVILLE,Kendall County, Illinois. Section 3: That the City Clerk of THE UNITED CITY OF YORKVILLE be, and is hereby, authorized and directed to record with the Recorder of Deeds of Kendall County, Illinois, a certified copy of this Ordinance, together with an accurate map of the territory annexed,which map shall be certified as to its correctness. Section 4: That the property described in Exhibit"A" is hereby annexed and zoned as follows: R-3 Planned Unit Development General Residence District subject to compliance with terms, conditions contained in the Annexation/Planned Unit Development Agreement entered -2- into between the parties; and that the;property described in Exhibit"B"is hereby annexed and zoned as B-3 Service Business District subject to compliance with terms, conditions contained in the Annexation/Planned Unit Development Agreement entered into between the parties. Section 5: That all Ordinances or portion of Ordinances in conflict herewith be, and they are hereby repealed insofar as such conflict exists. Section 6: That this Ordinance shall take effect and be in full force and effect upon and after its final passage and signing by the mayor and the recording by the Recorder of Deeds of Kendall County, Illinois, as herein provided, this ?1AAday of Ot f oo, , 2002. MIKE ANDERSON JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT A MARTY MUNNS ROSE SPEARS A RICHARD STICKA APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this P'V day of (,W4-1 , A.D. 200�-- MAYOR -J- PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this 6"�day of 1�4dG- , A.D. 20(�2— Attest CITY LERK { Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -4- EXHIBIT "A" R-3 PUD PARCEL LEGAL DESCRIPTION PARCEL 2 (ZONE R-3) THAT PART OF SECTIONS 4 AND 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS-. COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID; SEC- TION 4; THENCE SOUTH 1 DEGREE 23 MINUTES 33 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 990.00 FEET TO THE NORTHEASTERLY CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 163 AT PAGE 473; THENCE CONTINUING SOUTH 1 DEGREE 23 MINUTES 33 SECONDS WEST ALONG SAID EAST LINE 1.84 FEET TO A POINT ON THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 152 AT PAGE 392, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES 23 MINUTES 33 SECONDS EAST 1;665.47 FEET AS MEASURED ALONG THE LAST DESCRIBED COURSE; THENCE SOUTH 88 DEGREES 46 MINUTES 16 SECONDS WEST 699.33 FEET; THENCE SOUTH 01 DEGREES 13 MINUTES 44 SECONDS' EAST 187.61 FEET TO THE .CENTERLINE OF CHICAGO-GALENA ROAD; THENCE NORTH 76 DEGREES 25 MINUTES 45 SECONDS WEST 185.00 FEET AS MEASURED ALONG SAID CENTERLINE; THENCE NORTH 13 DEGREES 34 MINUTES 15 SECONDS EAST•115.00 FEET; THENCE NORTH 21 DEGREES 09 MINUTES 56 SECONDS EAST 75.66 FEET; THENCE NORTH 13 DEGREES 34 MINUTES 15 SECONDS EAST 51.15 FEET; THENCE NORTH 76 DEGREES 25 MINUTES 45 SECONDS WEST 131.00 FEET; THENCB NORTH 13 DEGREES 49 MINUTES 03 SECONDS WEST 45.75 FEET; THENCE NORTH 02 DEGREES •11 MINUTES 28 SECONDS WEST 406.57 FEET; THENCE NORTH 26 DEGREES 21 MINUTES 39 SECONDS WEST 145.28 FEET; THENCE NORTH 0z' DEGREES 11 MINUTES 28 SECONDS WEST 244.01 FEET; THENCE SOUTH 87 DEGREES 48 MINUTES 32 SECONDS WEST 137.50 FEET; -THENCE NORTH 02 DEGREES 11 MINUTES 28 SECONDS WEST 781.29 FEET; THENCE SOUTH 87 DEGREES 48 MINUTES 32 SECONDS WEST 82.04 FEET; THENCE NORTH 02 DEGREES 18 MINUTES 38 SECONDS WEST 3.80.03 FEET TO THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK .152 AT PAGE 392; THENCE NORTH 87 DEGREES 48 MINUTES 32 SECONDS EAST 1,229.57 FEET AS, MEASURED ALONG SAID SOUTHERLY LINE TO THE POINT . OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. Doc:42910/1 1/22/02 EXHIBIT B-3 PARCEL LEGAL DESCRIPTION PARCEL 1 (ZONE B-3): THAT PART OF SECTIONS 4 AND. 9, TOWNSHIP ,37 .NORTH, RANGE 7 EAST OF THE .THIRD PRINCIPAL MERIDIAN, KENDALL .COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID. SEC- TION 4; THENCE SOUTH 1 DEGREE 23 MINUTES •33 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 990.00 FEET TO THE NORTHEASTERLY CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 163' AT PAGE 473; THENCE CONTINUING SOUTH 01 DEGREE 09 MINUTES 47 SECONDS WEST ALONG SAID EAST LINE 1.84 FEET TO A POINT ON.�.THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 152 AT PAGE 392; THENCE SOUTH 87 DEGREES 48 MINUTES*32 SECONDS WEST 1,229.57 FEET AS MEASURED ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING; THENCE SOUTH 02 DEGREES 18 MINUTES 38 SECONDS EAST 380.03 FEET, THENCE NORTH 87. DEGREES 46 MINUTES ' 32 SECONDS EAST 82.04 FEET; THENCE SOUTH 02 DEGREES 11 MINUTES 28 SECONDS , EAST 781.29 FEET; THENCE NORTH 87 DEGREES 48 MINUTES. 32 SECONDS EAST 137.50 FEET; THENCE SOUTH 02 DEGREES 11 MINUTES 28 SECONDS EAST 244.01 FEET; THENCE SOUTH 26 DEGREES 21 MINUTES 39 SECONDS EAST 145.28 FEET; THENCE SOUTH 02 DE- GREES 11 MINUTES 28 SECONDS EAST 406.57 FEET; THENCE SOUTH 13 DEGREES 49 MIN- UTES 03 SECONDS WEST 45.75 FEET; THENCE SOi1TH 76 DEGREES 25 MINUTES 45 SEC- ONDS EAST 131.00 FEET; THENCE SOUTH 13 DEGREES 34 MINUTES 15 SECONDS WEST 51.15 FEET; THENCE SOUTH 21 DEGREES 09 MINUTES 56 SECONDS WEST 75.66 FEET; THENCE SOUTH 13 DEGREES 34 MINUTES 15 SECONDS WEST,115.00 FEET TO THE CENTERLINE 'OF CHICAGO-GALENA .ROAD; THENCE NORTH 76 DEGREES 25 MINUTES 45 SECONDS .WEST 593.45 FEET; THENCE NORTH 74 DEGREES 56 MINUTES 15 SECONDS WEST* 708.88 FEET; THENCE * - NORTH 29 DEGREES 03 MINUTES 31 SECONDS EAST 267.80 FEET TO THE SOUTH LINE OF . THE SOUTHWEST QUARTER OF AFORESAIP SECTION 4, THENCE NORTH 87. DEGREES 52 MIN- UTES 35 SECONDS EAST 9.72 FEET AS MEASURED ALONG SAID SOUTH LINE; THENCE NORTH 27 DEGREES 35• MINUTES 21 SECONDS EAST 366.17 FEET; THENCE NORTH 00 DEGREES 50 MINUTES 21 SECONDS EAST 756.55 FEET; THENCE NORTH 02 DEGREES 08 MINUTES 15 SEC- ONDS EAST 581.33 FEET TO THE NORTH LINE OF A TRACT DESCRIBED BY DEED RECORDED IN BOOK 243 PAGE 99; THENCE NORTH 87 DEGREES 46 MINUTES 32 SECONDS EAST 515.60 FEET TO .THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4, AND OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST .CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 01 DEGREES 23 MINUTES 33 SECONDS EAST 990.00 FEET AS MEASURED ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4 TO THE NORTHEASTERLY QUARTER OF A PARCEL OF LAND DESCRIBED IN BOOK 163 AT PAGE 473; THENCE CONTINUING SOUTH 01 DEGREES 23 MINUTES 33 SECONDS EAST 1.84 FEET AS MEASURED ALONG THE LAST DESCRIBED COURSE TO THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 152 AT PAGE 392; THENCE SOUTH 87 DEGREES 48 MINUTES 32 SECONDS WEST 1,619.57 FEET AS MEASURED ALONG SAID SOUTHERLY LINE TO -THE EASTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47 PER DOCUMENT 911975 RECORDED APRIL 4, 1991, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 14 MINUTES •37 SECONDS EAST 923.76 FEET• AS . MEASURED ALONG SAID RIGHT OF WAY LINE TO A POINT OF CURVE, SAID CURVE BEING CONCAVE NORTHWESTERLY HAVING Q RADIUS OF 1,691.42 FEET AND A CHORD THAT BEARS SOUTH 12 DE- GREES 44 MINUTES 25 SECONDS WEST A DISTANCE OF 760.05 FEET; THENCE SOUTHWESTERLY A!_ONG THE ARC OF SAID CURVE 765.60 FEET AS MEASURED ALONG SAID RIGHT OF WAY LINE I U WiL. �)UU I t1 LIIVL Ul" JUU I ti'iY't.J I QJ( -v',I Lr� Ul j)No t Uioi I ur l,Uii V L, .Dig L) Doc:42910/1 1/22/02 EXHIBIT"$" B-3 PARCEL LEGAL DESCRIPTION CURVE BEING CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1,691.42 FEET AND A CHORD THAT BEARS SOUTH 30 DEGREES 18 MINUTES 50 SECONDS WEST A DISTANCE OF 270.68 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE- 271.01 FEET AS MEASURED ALONG SAID RIGHT OF WAY LINE; THENCE 'SOUTH 34 DEGREES 54 MINUTES 12 SECONDS WEST 48.7.1 FEET TO THE CENTERLINE OF CHICAGO-GALENA ROAD; THENCE NORTH 74 DEGREES 56 MINUTES 15 SECONDS WEST 101.00 FEET TO THE WESTERLY LINE OF ILLINOIS ROUTE 47 EXTENDED SOUTHWESTERLY TO SAD CENTERLINE; THENCE NORTH 34 DEGREES 54 MINUTES 12 SECONDS EAST 82.98 FEET TO A_POINT OF CURVE, SAID POINT-BEING ON THE WESTERLY RIGHT OF WAY LINE OF SAID..,ILLINOIS ROUTL 47, SAD CURVE BEING CONCAVE NORTHWESTERLY HAVING. A RADIUS. OF 1,596.42 FEET AND A CHORD THAT BEARS NORTH 31 DEGREES 13 MINUTES 20 SECONDS EAST A DISTANCE OF 204.99 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 205.13 FEET AS MEASURED ALONG SAID RIGHT OF WAY LINE TO THE SOUTH LINE OF THE. SOUTHWEST QUARTER OF SAID SECTION 4; SAID POINT BEING A POINT OF CURVE, SAID CURVE BEING CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1,596.42 FEET AND A CHORD THAT BEARS NORTH 13 DEGREES 38 MINUTES 26 SECONDS EAST A DISTANCE OF 766.60 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID -CURVF 774.16 FEET AS MEASURED ALONG SAID RIGHT OF WAY LINE; THENCE NORTH 00 DEGREES 14 MINUTES 37 SECONDS WEST 787.39 FEET AS MEASURED ALONG SAID RIGHT OF WAY LINE; THENCE SOUTH 89 DEGREES 45 MINUTES 23 SECONDS WEST 10.00 FEET AS MEASURED ALONG SAID RIGHT OF WAY LINE; THENCE NORTH 00 DEGREES 14 MINUTES 37 SECONDS WEST 132.94 FEET AS MEASURED ALONG SAID RIGHT OF WAY LINE TO THE NORTH LINE OF A TRACT DESCRIBED IN BOOK 243 PAGE 99; THENCE NORTH 87 DEGREES 53 MINUTES 06 SECONDS EAST 105.06 FEET AS MEASURED ALONG- SAID NORTH LINE TO THE POINT OF BEGINNING. Doc:42910/1 1/22/02