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Ordinance 2001-24 i 1 i►0012508 _led for Record in KENDALL COUNTY, ILLINOIS PAUL ANDERSON STATE OF ILLINOIS 07-1E-2001 At 09:09 AM. ORDER 18. 00 ss COUNTY OF KENDALL ) ORDINANCE NO. 2001 -_cJ4 AN ORDINANCE AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO FOX MILL LANDING PLANNED UNIT DEVELOPMENT AGREEMENT t WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County,Illinois,that a certain First Amendment to Planned Unit Development Agreement pertaining to the annexation and development of the real estate described on Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said First Amendment to Planned Unit Development 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 ILCS 5/11-15.1-1,as amended,for the execution of said First Amendment to Planned Unit Development Agreement has been fully complied with; and WHEREAS, the property is contiguous to the City. -1- 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 First Amendment to Planned Unit Development Agreement concerning the annexation and development of the real estate described therein, a copy of which First Amendment to 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. PAUL JAMES �'` s MARTY MUNNS A 6,S E ti t' RICHARD STICKA v f S MIKE ANDERSON `t C VALERIE BURD 9; AJ ROSE SPEARS LARRY KOT A-La f" JOSEPH BESCO APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this �ay of , A.D. 20 . MAYOR -2- PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this day of , A.D. 204 Attest: �EPo}y CITY CLERK • Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -3- Pi)C)1 OOO 12509 ' led for Record in ADALL COUNTY, ILLINOIS FOUL ANDERSON 07-16-2001 At 09:09 AM. AMEND LAND 19.00 Revised May 17, 2001 STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) FIRST AMENDMENT TO FOX MILL LANDING PLANNED UNIT DEVELOPMENT AGREEMENT WHEREAS, Petitioners, Paul Snowwhite, or nominee have become owners of certain portions of the real property originally contained in Fox Mill Landing within the United City of Yorkville, Kendall County, Illinois; and WHEREAS, the previous owner of said parcel of real property has not sold all of the subject real property to Petitioners, but Petitioners desire to develop the portion of the subject real property which they have purchased more fully described in the attached Exhibit"A"; and WHEREAS, the property as configured and described in the attached Exhibit"A"of Petitioners no longer fronts Mill Street directly; and WHEREAS, the real property described in Exhibit"A"contains less acreage and does not require all of the improvements originally set forth in the original Planned Unit Development Agreement entered into between the prior owner and the United City of Yorkville dated March 27, 1997; and WHEREAS, a public hearing was held before the Plan Commission of the United City of Yorkville and it was unanimously recommended to approve the requested changes in the Planned -1- Unit Development Agreement which include elimination of a sidewalk along Mill Street since Petitioners do not own that area, to eliminate all on-site storm sewer; and to eliminate any request for recapture since those improvements are no longer contemplated to be made by Petitioners for the benefit of other surrounding owners, and further that this First Amendment to Planned Unit Development Agreement shall only affect the real property purchased and owned by Petitioners, Paul Snowwhite, or nominee and as described in the attached Exhibit"A"; and The City being desirous to see the development of the real property described in the attached Exhibit"A" for the benefit of the tax base of the City and all affected governmental tax bodies, and for the improvement of the south area of the Fox River to go along with other re- development within the United City of Yorkville: NOW THEREFORE, upon motion duly made, seconded, and approved by a majority of those voting, the following Amendments are made to the Planned Unit Development Agreement of Fox Mill Landing entered into by and between the United City of Yorkville and the original owner of the subject property, Fox Mill Landing, L.L.C., dated March 27, 1997 as follows: 1) That Petitioners, Paul Snowwhite, or nominee and their successors, heirs, and assigns shall not be required to install a sidewalk on Mill Street, they being the owners of the real property described in the attached Exhibit"A" incorporated herein by reference, and not owning any portion of the original real property that fronted Mill Street. 2) That Petitioners shall be required to construct storm sewer at the Mill Street and Hydraulic Street intersection in the United City of Yorkville as approved by the City Engineer which will allow for the drainage of the subject site, but no storm -2- sewer shall be required on-site as originally contemplated by the portion of the Planned Unit Development Agreement originally approved by the City affecting the property described in the attached description of real property incorporated herein as Exhibit"A". Petitioners shall construct the storm sewer as called for under the approved Engineering Plan of Northwestern Engineering Consultants P.C. dated May 12, 2000 and revised November 9, 2000 and approved by the United City of Yorkville Engineer on November 14, 2000. 3) That Petitioners shall not be permitted to recapture any amounts for improvement costs on-site or off-site, unless the work involved varies from that represented to Petitioners by the City. 4) That this subject First Amendment to Planned Unit Development Agreement shall affect only that real property described in the attached Exhibit"A"to this Agreement. 5) Petitioners agree to dedicate an easement for storm water purposes along the North ten feet (10') of the subject real property described in Exhibit"A", immediately adjacent and contiguous to the building they are constructing on their property to their West property line, the exact legal description and location to be disclosed on a Plat of Easement to be submitted to the United City of Yorkville Engineer dedicating City and Public Utility Easements for purposes of developing the subject real property. 6) That in all other respects, the initial Planned Unit Development Agreement as affecting real property not owned by Petitioners herein shall be subject to that -3- Agreement or formal hearing to modify the same prior to development thereof, and said Agreement except to the extent modified by this First Amendment shall remain in full force and affect. UNITED CITY OF YORKVILLE FOX MILL L ING, L.L.C. By: MAYOR DEV LOPER � ATTEST: DATED: CITY CL DATED: Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -4- Exhibit "A" LEGAL DESCRIPTION PARCEL ONE: THAT PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 33,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF BLOCK 5 IN BLACK'S ADDITION TO YORKVILLE DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EAST LINE OF MILL STREET WHICH IS 63.0 FEET SOUTH OF THE CENTER LINE OF THE BURLINGTON NORTHERN RAILROAD MAIN TRACK; THENCE SOUTHERLY ALONG SAID EAST LINE, 75.90 FEET; THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF VAN EMMON STREET 247.50 FEET FOR A POINT OF BEGINNING; THENCE WESTERLY PARALLEL WITH THE SAID NORTH LINE, 7.50 FEET; THENCE SOUTHERLY 54.73 FEET TO A POINT ON THE EAST LINE OF SAID BLOCK 5 WHICH IS 120.0 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID BLOCK; THENCE WESTERLY PARALLEL WITH SAID NORTH LINE, 60.0 FEET; THENCE WESTERLY PARALLEL WITH SAID CENTER LINE, 182.32 FEET TO SAID EAST LINE OF MILL STREET; THENCE NORTHERLY ALONG SAID EAST LINE, 133.48 FEET TO SAID POINT OF COMMENCEMENT; THENCE EASTERLY PARALLEL WITH SAID RAILROAD CENTER LINE,247.50 FEET TO A LINE DRAWN NORTHERLY, PARALLEL WITH SAID EAST LINE OF MILL STREET FROM THE POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID PARALLEL LINE, 79.86 FEET TO THE POINT OF BEGINNING(EXCEPT THAT PART OF BLOCK 5 IN BLACK'S ADDITION TO YORKVILLE DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EAST LINE OF SAID BLOCK 5 WHICH IS 120.0 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID BLOCK; THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF VAN EMMON STREET, 60.0 FEET; THENCE WESTERLY PARALLEL WITH THE CENTER LINE OF THE BURLINGTON NORTHERN RAILROAD MAIN TRACK, 77.66 FEET FOR A POINT OF BEGINNING; THENCE WESTERLY PARALLEL WITH SAID CENTER LINE, 104.66 FEET TO THE EAST LINE OF MILL STREET; THENCE NORTHERLY ALONG SAID EAST LINE, 133.48 FEET TO A POINT WHICH IS 63.0 FEET SOUTHERLY OF SAID CENTER LINE; THENCE EASTERLY PARALLEL WITH SAID RAILROAD CENTER LINE, 103.50 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO SAID CENTER LINE 133.48 FEET TO THE POINT OF BEGINNING), IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE,KENDALL COUNTY,ILLINOIS. PARCEL TWO: EASEMENT FOR THE BENEFIT OF PARCEL ONE AS RESERVED IN A DEED FROM FOX MILL LANDING, L.L.C. TO PAUL E. BURD AND VALERIE L. BURD DATED OCTOBER 1, 1999 AND RECORDED OCTOBER 12, 1999 AS DOCUMENT 9914818 FOR INGRESS,EGRESS AND UTILITIES OVER THE SOUTHERLY 40 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PART OF BLOCK 5 IN BLACK'S ADDITION TO YORKVILLE DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EAST LINE OF SAID BLOCK 5 WHICH IS 120.0 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID BLOCK; THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF VAN EMMON STREET, 60.0 FEET; THENCE WESTERLY PARALLEL WITH THE CENTER LINE OF THE BURLINGTON NORTHERN RAILROAD MAIN TRACK, 77.66 FEET FOR A POINT OF BEGINNING; THENCE WESTERLY PARALLEL WITH SAID CENTER LINE, 104.66 FEET TO THE EAST LINE OF MILL STREET; THENCE NORTHERLY ALONG SAID EAST LINE, 133.48 FEET TO A POINT WHICH IS 63.0 FEET SOUTHERLY OF SAID CENTER LINE; THENCE EASTERLY PARALLEL WITH SAID RAILROAD CENTER LINE, 103.50 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO SAID CENTER LINE 133.48 FEET TO THE POINT OF BEGINNING IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS; AND THE TERMS AND PROVISIONS CONTAINED THEREIN.