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Ordinance 2001-44
STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2001 -�`� AN ORDINANCE AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO HEARTLAND SUBDIVISION ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain First Amendment to Annexation and Planned Unit Development Agreement permitting the relocation of club house and swimming pool from the B-3 Service Business District to the R-2 One-Family Residential District area of the subdivision within Lots#70 and#71 as described in the attached Exhibit"A"; and WHEREAS, said First Amendment to Annexation and 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 Annexation and Planned Unit Development Agreement has -1- been 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 First Amendment to Annexation and Planned Unit Development Agreement permitting the relocation of club house and swimming pool from the B-3 Service Business District to the R-2 One-Family Residential District area of the subdivision within Lots #70 and #71 as described therein,a copy of which First 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 o _t TPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this day o f 20-01. MAYOR -2- PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this day of �--� , A.D. 20 �A. Attest. CIT CLERK 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 Lot 70 and Lot 71 of Unit 1 of Heartland Subdivision in the United City of Yorkville, Kendall County, Illinois. SINGLE FAMILY ZONING 150.0' c. a to'-o• 4'-0•TAIL CHMN LINK FENCE �I I PAVED POOL DECK SWIMMING POOL ----- x-F- FENCED - � 25.0 APPRO I �I l SINGLE FAMILY ZON ONE STORY BUILDING z L- -- PAVED POOL DECK N EASTING PROPERTY LINE _1 BENIN LOT 76 k 71- - - 4'-0'Tt11 CHllN LINK FACE J - C. 30'-0'SETBACK SIDEW W I I I I 1 \ NORTH o o, to'-o• ASPHALT PAVED PARKING FOR 24 CARS I (� p Pt0NO tt9• 179.26' \ COMMERCIAL ZONING Site Plan Scale: 1/16* - 1'-0• PASS IS OUR F • `Q03 y �G'9 UNITED CITY of YORKVILLE 7 County Seat of Kendall County K - I 800 Game Farm Rd. L Yorkville, IL 60560 .. E 630-553-4350 m�`NOED 1M♦e• August 30, 2001 Sandy Marker United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 Re: Heartland Subdivision Dear Sandy: Enclosed please find four(4) copies of a drawing which needs to be attached as an Exhibit to the First Amendment to Heartland Subdivision Annexation and Planned Unit Development Agreement. Please attach one (1) copy of this drawing to each of the four(4) originally executed First Amendments. Once that is completed please record as one document in the following order: 1) Ordinance No. 2001-44 (An Ordinance Authorizing the Execution of a First Amendment to Heartland Subdivision Annexation and Planned Unit Development Agreement) 2) Legal Description(which I am enclosing a copy for your convenience) 3) First Amendment to Heartland Subdivision Annexation and Planned Unit Development Agreement 4) Legal Description (same as referenced above) 5) Drawing Please record the original and have the other three (3) file stamped. I would then ask that you forward one file stamped copy to my office for my files and be sure to get a file stamped copy to Richard Marker for his files also. Should you have any questions, please feel free to call my office. Very truly yours, 1 0-6uf . Daniel J. Kramer Attorney at Law DJK/lgc Encl. August 13, 2001 STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) FIRST AMENDMENT TO HEARTLAND SUBDIVISION ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT WHEREAS, OAK BROOK BANK, AS TRUSTEE UNDER TRUST #3175 is the Owner, and Petitioner, RICHARD MARKER ASSOCIATES, INC., an Illinois Corporation, is the Developer of certain real property within the United City of Yorkville, Kendall County, Illinois commonly known as "HEARTLAND SUBDIVISION"; and WHEREAS, the Petitioner requests an amendment to the Annexation and Planned Unit Development Agreement executed on December 29, 1999 to permit the relocation of the common subdivision club house and swimming pool from the area of the real property annexed to the United City of Yorkville under the Annexation and Planned Unit Development Agreement as B-3 Service Business District to the adjacent Lots#70 and#71 of Unit 1 in Heartland Subdivision, in the United City of Yorkville, Kendall County, Illinois according to the plat thereof recorded February 16, 2001 as Document#2001-00002570 which are zoned R-2 Single Family Residence District; and WHEREAS, a hearing was held before the Plan Commission of the United City of Yorkville and it was unanimously recommended to the City Council to approve the requested -1- change in the Annexation and Planned Unit Development Agreement, and further that this First Amendment to Annexation and Planned Unit Development Agreement shall only affect the real property owned by OAK BROOK BANK, AS TRUSTEE UNDER TRUST 43175 and being developed by RICHARD MARKER ASSOCIATES, INC.; 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 First Amendment is made to the Annexation and Planned Unit Development Agreement of Heartland Subdivision entered into by and between the United City of Yorkville and the owners of the subject property, OAK BROOK BANK, AS TRUSTEE UNDER TRUST 43175, and Developer, RICHARD MARKER ASSOCIATES, INC., an Illinois Corporation dated December 29, 1999 as follows: 1) The location of the common subdivision club house and swimming pool is hereby authorized to be relocated from the area of the real property annexed to the United City of Yorkville under the Annexation and Planned Unit Development Agreement as B-3 Service Business District to the adjacent Lots #70 and#71 of Unit 1 in Heartland Subdivision, in the United City of Yorkville, Kendall County, Illinois according to the plat thereof recorded February 16, 2001 as Document #2001-00002570, in the area of the Subdivision zoned R-2 Single Family Residence District. -2- 2) 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. 3) The various parts, sections, and clauses of this Ordinance 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 Resolution shall not be affected thereby. 4) Any Ordinance or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. 5) That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. -3- t DEVELOPER: RICHARD MARKER ASSOCIATES, UNITED CITY OF YORKVILLE INC., an Illinois Corporation lzx By: / MAYOR ATTEST- DATED: "'� 7 ©� This Instrument Is executed by OAK BROOK BANK, not personally but solely as Trustee, ea ,foretold. All the covenants and ronditions to be performed hereunder by OAK BROOK BANK ere .110011'en by it solely as Trustee, as sforesald and not individually, and no personal liability alttle b,_'asst__ NLA.eMUrceeble against OAK CROOK BANK by reason of any of the covenarrU, ��� one or warranties contained i 1,6;InstruMon CITY LERK OAK BROOK BANK, S TRUSTEE UNDE TRUST#317 i DATED: L:V2 V By: Attest: Prepared by &Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -4-