Ordinance 2001-45 2001o0017994
STATE OF ILLINOIS ) Filed for Record in
KENDALL COUNTY, ILLINOIS
) ss PAUL ANDERSON
COUNTY OF KENDALL ) 09-27-2001 At 02:01 ppm.
ORDINANCE 18. CMG
ORDINANCE NO. 2001 - 4S-
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN AMENDMENT TO
PRAIRIE GARDENS (S & K DEVELOPMENT, L.L.C.)
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 Amendment to Annexation and Planned Unit Development
Agreement permitting removal of the pedestrian trail on the perimeter of the subdivision and
providing an easement for a future trail to be constructed by the United City of Yorkville on the
West boundary of the subject real property that is zoned R-3 General Residential District and also
permitting the Developer to not install a fence as a mandatory condition of the Annexation and
Planned Unit Development Agreement along the North perimeter of the property; 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
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WHEREAS,the statutory procedures provided in 65 ILCS 5111-15.1-1,as amended, for the
execution of said First Amendment to Annexation and Planned Unit Development Agreement has
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 berewith authorized u n directed to execute,
on behalf of the City,a First Amendment to Annexation and Planned Unit Development Agreement
permitting removal of the pedestrian trail on the perimeter of the subdivision and providing an
easement for a future trail to be constructed by the United City of Yorkville on the West boundary
of the subject real property that is zoned R-3 General Residential District and also permitting the
Developer to not install a fence as a mandatory condition of the Annexation and Planned Unit
Development Agreement along the North perimeter of the property, 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
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IW
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day of • U 3fi , A.D. 20a.
1 J
MAYOR
PASSED by the Cit Council of the United City of Yorkville,Kendall County,Illinois this
day of A.D. 20_a_.
Attest.
CITY CLERK
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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200100017995
iled for Record in
=NDALL COUNTY, ILLINOIS
r'AUL ANDERSON
09-27-2001 At 02:01 PM.
AMEND LAND 19. 00
STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
FIRST A1VENDMENT TO
ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT
BETWEEN THE UNITED CITY OF YORKVILLE
AND BARRY J. NILES,DEVELOPER,AND
ROBERT M LOFTUS AND ILDEFONSA LOFTUS, OWNERS OF RECORD
(PRAIRIE GARDENS SUBDIVISION)
Prepared by:
Thomas W. Grant
Attorney at Law
200 Hillcrest Ave.
P.O. Box 326
Yorkville, IL 60560
630.553.0088
Atty. Reg. No. 01035002
Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
STATE OF ILLINOIS )
COUNTY OF KENDALL )
FIRST AMENDMENT TO
ANNEXA TION AND PLANNED UNIT DE VEL OPMENT A GREEMENT
BETWEEN THE UNITED CITY OF YORKVILLE
AND BARR Y J. NILES, DE VEL OPER, AND
ROBERT M. LOFTUS AND ILDEFONSA LOFTUS, O WNERS OF RECORD
(PRAIRIE GARDENS SUBDIVISION)
WHEREAS, on the 27th day of July, 2000, the UNITED CITY OF
YORKVILLE and BARRY J. NILES, Developer, and ROBERT M. LOFTUS and
ILDEFONSA LOFTUS, Owners, entered into a certain Annexation and Planned
Unit Development Agreement, a copy of which is attached hereto and made a part
hereof, which said Agreement was thereafter filed for record in the Office of the
Recorder of Deeds of Kendall County, Illinois, on December 6, 2000; and
WHEREAS, subsequent to the execution thereof, the real estate which is
the subject matter thereof has been sold to and is now owned by S & K
DEVELOPMENT, LLC, an Illinois Limited Liability Company; and
WHEREAS, S & K DEVELOPMENT, LLC, as Successor in interest to the
Developer and Owners, has heretofore agreed to be bound by all of the terms and
provisions of the Annexation and Planned Unit Development Agreement; and
WHEREAS, the parties hereto desire to amend the terms and provisions of
said Agreement in order to provide for the more orderly development of the real
estate.
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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
PROMISES AND COVENANTS HEREIN CONTAINED, AND OTHER GOOD
AND VALUABLE CONSIDERATIONS, THE RECEIPT AND SUFFICIENCY
OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS
FOLLOWS:
1. Wherever in said Annexation and Planned Unit Development
Agreement reference is made to the Preliminary Landscape Plan, said language
shall be amended to refer to the Revised Landscape Plan dated effective July 24,
2001, a copy of which is attached hereto and incorporated herein as Exhibit "A-
Revised Annexation and Planned Unit Development Agreement".
2. Paragraph 6 of said Annexation and Planned Unit Development
Agreement is amended by deleting all of the language thereof and substituting, in
lieu thereof, the following:
"That the DEVELOPER shall satisfy CITY Land-Cash Ordinance
based upon a cash contribution that is due after the credit is given for
the easements for the future construction of a trail system established
pursuant to the provisions of Paragraph 7 of this Agreement, all in
conformity with the United City of Yorkville Land-Cash Ordinance
in effect at the date of Final Plat approval.
The DEVELOPER shall provide 2.245 (estimated) acres of
permanent open space as per the approved Preliminary Plat."
3. Paragraph 7(a) of said Annexation and Planned Unit Development
Agreement is amended by deleting all of the language of Paragraph 7(a) and
inserting in lieu thereof the following:
"The OWNER/DEVELOPER shall dedicate to the CITY the
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following easements for the future construction of pedestrian trails:
i. An easement on the west side of the property traveling the
entire length (north to south) 15 feet in width, graded for future
construction of a 10 foot wide trail, to be constructed by the Parks
and Recreation Department of the CITY;
ii. An easement from the northwest corner of the property at
or about the property lines between lot 7 and lot 16 running
generally ease to west from the west property line to Garden Circle
(a "finger-link" to the internal sidewalk system) 12 feet wide and
graded for future construction of an 8 foot wide trail, to be
constructed by the Parks and Recreation Department of the CITY;
iii. The requirement of the dedication of easements or other
provisions for pedestrian trails on the north side of the property and
the south side of the property are herewith eliminated.
iv. The CITY shall allow a credit to the
OWNER/DEVELOPER toward the required Land-Cash
Contribution for the west side and "finger-link" easement, only. The
linear amount of acreage and easement cost and credit will be
calculated by the CITY'S Engineer and reported to the
OWNER/DEVELOPER and credited to the OWNER/DEVELOPER
at the time of the payment of the cash component of the Land-Cash
Ordinance contribution.
v. The easements hereinabove described shall be permanent
public pedestrian access easements.
vi. The easements, when developed, shall be maintained at
the cost and expense of the CITY."
4. Paragraph 7(b) is eliminated in its entirety.
5. Paragraph 7(c) is eliminated in its entirety.
6. Paragraph 7(d) is eliminated in its entirety.
7. Paragraph 7(1) is eliminated in its entirety, thereby eliminating the
requirement that the OWNER of DEVELOPER install privacy fencing along the
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north boundary of the R-3 General Residence District zoned portion of the
Development.
8. The following Paragraph is added to the Agreement:
"The City acknowledges that it is the intention of the
Developer and Owners, and future developers, to divide each of the
lots and the residential buildings to be constructed thereon into
separate units or lots to accommodate individual ownership of each
of the residential units in the buildings. The parties acknowledge
and agree that no further or additional subdivision plat shall be
required in order to comply w1-1h the requirernents of the Illinois Plat
Act and acknowledge and agree that the subdivision has or will be
constructed and developed in accordance with the Illinois Plat Act,
thus permitting the recording of separate deeds of ownership to each
of the individual residential units without further subdivision plat."
IN WITNESS WHEREOF the undersigned have hereunto set their hands
and seals this o8ra day of VSO , 2001.
OWNERS/DEVELOPERS UNITED CITY OF YORKVILLE
Kendall County, Illinois
S & K Development, LLC ,
BY:
� c
BY °/'`' - Mayor J
Phil ierim, Member
' ATTES
BY:/-(,-, z� �. � `-qty lerk�
F�ichard Stanciu, Member
PREPARED BY:
Thomas W. Grant
Attorney at Law
200 Hillcrest Ave.
P.O. Box 326
Yorkville, IL 60560
(630) 553-0088
Atty. Reg. No. 01035002
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