Ordinance 2001-48A 200200001127
Filed for Record in
KENDALL COUNTY, ILLINOIS
PAUL ANDERSON
01-10-2002 At 12:46 pm,
STATE OF ILLINOIS ) ORDER 23.Gtr
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2001 -qab
ORDINANCE ANNEXING PROPERTIES TO
THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY,ILLINOIS
WHEREAS,PTB 4M ASSOCIATES,and LAY-COM,INC.,as record owners in fee simple
of a tract of real property contiguous to THE UNITED CITY OF YORKVILLE, have heretofore
submitted a Verified Petition for Annexation of said property; and
WHEREAS,the development and annexation of said real property have 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 Petitioners are the Owners of Record of said property and no other 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 in
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accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code,being 65 ILCS 5111-
15.1-1 et. seq.
WHEREAS,said real 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 proper affirmative vote of a majority of the City
Council, contiguous property can be annexed to THE UNITED CITY OF YORKVILLE, Kendall
County, Illinois.
NOW 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 effective upon the subject property
becoming contiguous to the City limits:
See Attached Legal Description Exhibit"A"
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 effective upon the subject property becoming contiguous to the City limits.
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 to be annexed upon contiguity
being attained,which map shall be certified as to its correctness.
Section 4: That the real property is hereby annexed and zoned as follows:
The real property described in the attached Exhibit "B" is hereby zoned R-1 One-Family
Residence District.
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The property described in the attached Exhibit"C"is hereby zoned R-3 General Residence
District.
The real property described in the attached Exhibit"D"is hereby zoned B-3 Service Business
District.
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: 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.
Section 7: 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_day of 2001.
MIKE ANDERSON JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS y
ROSE SPEARS RICHARD STICKA
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day of , A.D. 204.
MAYOR
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PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
Qc>-dayof , A.D. 20_,rl\
Attest:
CITY LERK
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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Exhibit "A"
LEGAL DESCRIPTION
This is to certify that we, James M. Olson Associates, Ltd., Illinois Professional Land Surveyors
have surveyed and located improvements on the Northeast Quarter of the Southeast Quarter of
Section 9, Township 37 North, Range 7 East of the Third Principal Meridian, in Bristol
Township, Kendall County, Illinois and that part of Section 10, Township 37 North, Range 7
East of the Third Principal Meridian described as follows: Beginning at the Southwest corner of
the North Half of the Southwest Quarter of said Section 10, thence North along the West line of
said section, 2327.17 feet to the center line of Galena Road; thence southeasterly along said
center line to the West line of land conveyed to Jerry W. Rider by Warranty Deed dated October
15, 1911 and recorded in Book 66 at page 255 and depicted in Plat Book 1 at page 62; thence
continuing southeasterly along said center line 251.46 feet; thence South along said West line of
Rider's lands, 1104.46 feet to the South line of the North Half of the South Half of said section;
thence West along said South line to the point of beginning in Bristol Township, Kendall County
and containing 154.650 acres as shown on the plat hereon drawn which is a correct
representation of said survey.
Exhibit`B"
LEGAL DESCRIPTION
Property to be Re-Zoned as R-1 One-Family Residence District
THAT PART OF THE EAST HALF OF SECTION 9 AND THE WEST HALF OF SECTION
10, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 10 WITH A LINE THAT IS 40 FEET SOUTHERLY AND
PARALLEL WITH THE CENTERLINE OF GALENA BOULEVARD; THENCE
SOUTHEASTERLY, 294.47 FEET ALONG SAID PARALLEL LINE, BEING ALONG A
CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 11,420.00 FEET, A
CENTRAL ANGLE OF 01 DEGREES 28 MINUTES 39 SECONDS; THENCE SOUTH 69
DEGREES 08 MINUTES 43 SECONDS EAST, 1508.56 FEET ALONG SAID PARALLEL
LINE TANGENT TO THE LAST DESCRIBED COURSE; THENCE SOUTH 20 DEGREES
51 MINUTES 18 SECONDS WEST, 270.00 FEET; THENCE SOUTHEASTERLY, 79.12
FEET ALONG A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF
120.00 FEET, A CENTRAL ANGLE OF 37 DEGREES 46 MINUTES 32 SECONDS;
THENCE SOUTH 69 DEGREES 00 MINUTES 01 SECONDS EAST, 301.20 FEET TO A
LINE THAT IS 35 FEET WESTERLY AND PARALLEL WITH THE CENTERLINE OF
CANNONBALL TRAIL; THENCE SOUTH 11 DEGREES 32 MINUTES 00 SECONDS
WEST, 1198.79 FEET ALONG SAID PARALLEL LINE TO THE SOUTH LINE OF THE
NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE
SOUTH 87 DEGREES 52 MINUTES 17 DEGREES WEST, 1639.45 FEET ALONG THE
SOUTH LINE OF SAID NORTH HALF TO THE SOUTHWEST CORNER THEREOF;
THENCE SOUTH 87 DEGREES 49 MINUTES 49 SECONDS WEST, 1328.40 FEET ALONG
THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SAID SECTION 9; THENCE NORTH 01 DEGREES 19 MINUTES 35 SECONDS WEST,
1325.60 FEET ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 9 TO THE NORTH LINE OF SAID SOUTHEAST
QUARTER; THENCE NORTH 87 DEGREES 52 MINUTES 19 SECONDS EAST, 1325.87
FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID
SOUTHEAST QUARTER; THENCE NORTH 01 DEGREES 11 MINUTES 11 SECONDS
WEST, 959.75 FEET ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 10 TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS.
Exhibit "C"
LEGAL DESCRIPTION
Property to be Re-Zoned as R-3 General Residence District
THAT PART OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST LINE OF LANDS CONVEYED
TO JERRY W. RIDER BY WARRANTY DEED DATED OCTOBER 15, 1911 RECORDED
AS DOCUMENT 887135 WITH A LINE THAT IS 35 FEET SOUTHERLY AND PARALLEL
WITH THE CENTERLINE OF GALENA ROAD; THENCE SOUTH 01 DEGREES 14
MINUTES 59 SECONDS EAST, 380.07 FEET ALONG SAID WEST LINE TO THE POINT
OF BEGINNING; THENCE SOUTH 01 DEGREES 14 MINUTES 59 SECONDS EAST,
686.83 FEET ALONG SAID WEST LINE; THENCE SOUTH 87 DEGREES 52 MINUTES 17
SECONDS WEST, 1179.64 FEET TO A LINE THAT IS 35 FEET EASTERLY AND
PARALLEL WITH THE CENTERLINE OF CANNONBALL TRAIL; THENCE NORTH 11
DEGREES 32 MINUTES 00 SECONDS EAST, 1120.36 FEET ALONG SAID PARALLEL
LINE; THENCE SOUTH 68 DEGREES 39 MINUTES 22 EAST, 1009.05 FEET TO THE
POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS.
Exhibit "D"
Page 1 of 2
LEGAL DESCRIPTION
Property to be Re-Zoned as B-3 Service Business District
(East of Cannonball Trail)
THAT PART OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF LANDS CONVEYED TO
JERRY W. RIDER BY WARRANTY DEED DATED OCTOBER 15, 1911 RECORDED AS
DOCUMENT 887135 WITH A LINE THAT IS 35 FEET SOUTHERLY AND PARALLEL
WITH THE CENTERLINE OF GALENA ROAD; THENCE SOUTH 01 DEGREES 14
MINUTES 59 SECONDS EAST, 380.07 FEET ALONG SAID WEST LINE; THENCE
NORTH 68 DEGREES 39 MINUTES 22 SECONDS WEST, 1009.05 FEET TO A LINE THAT
IS 35 FEET EASTERLY AND PARALLEL WITH THE CENTERLINE OF CANNONBALL
TRAIL; THENCE NORTH 11 DEGREES 32 MINUTES 00 SECONDS EAST, 354.71 FEET
ALONG SAID PARALLEL LINE TO A LINE THAT IS 35 FEET SOUTHERLY AND
PARALLEL WITH THE CENTERLINE OF GALENA ROAD, AFORESAID; THENCE
SOUTHEASTERLY, 914.38 FEET ALONG SAID PARALLEL LINE,BEING ALONG A
CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 85,908.78 FEET, A
CENTRAL ANGLE OF 00 DEGREES 36 MINUTES 35 SECONDS; THENCE SOUTH 69
DEGREES 34 MINUTES 09 SECONDS EAST, 9.10 FEET ALONG SAID PARALLEL LINE
TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS.
Exhibit"D"
Page 2 of 2
LEGAL DESCRIPTION
Property to be Re-Zoned as B-3 Service Business District
(West of Cannonball Trail)
THAT PART OF THE WEST HALF OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 10 WITH A LINE THAT IS 40 FEET SOUTHERLY AND
PARALLEL WITH THE CENTERLINE OF GALENA BOULEVARD; THENCE
SOUTHEASTERLY, 294.47 FEET ALONG SAID PARALLEL LINE,BEING ALONG A
CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 11,420.00 FEET, A
CENTRAL ANGLE OF 01 DEGREES 28 MINUTES 39 SECONDS; THENCE SOUTH 69
DEGREES 08 MINUTES 43 SECONDS EAST, 1508.56 FEET ALONG SAID PARALLEL
LINE TANGENT TO THE LAST DESCRIBED COURSE TO THE POINT OF BEGINNING;
THENCE SOUTH 20 DEGREES 51 MINUTES 18 SECONDS WEST, 270.00 FEET; THENCE
SOUTHEASTERLY, 79.12 FEET ALONG A CURVE CONCAVE TO THE SOUTHWEST
HAVING A RADIUS OF 120.00 FEET, A CENTRAL ANGLE OF 37 DEGREES 46
MINUTES 32 SECONDS; THENCE SOUTH 69 DEGREES 00 MINUTES 01 SECONDS
EAST, 301.20 FEET TO A LINE THAT IS 35 FEET WESTERLY AND PARALLEL WITH
THE CENTERLINE OF CANNONBALL TRAIL; THENCE NORTH 11 DEGREES 32
MINUTES 00 SECONDS EAST, 299.82 FEET ALONG SAID PARALLEL LINE TO A LINE
THAT IS 40 FEET SOUTHERLY AND PARALLEL WITH THE CENTERLINE OF GALENA
ROAD, AFORESAID; THENCE NORTHWESTERLY, 90.05 FEET ALONG SAID
PARALLEL LINE, BEING ALONG A CURVE CONCAVE TO THE SOUTHWEST HAVING
A RADIUS OF 85,903.78 FEET, A CENTRAL ANGLE OF 37 DEGREES 46 MINUTES 32
SECONDS; THENCE NORTH 69 DEGREES 08 MINUTES 43 SECONDS WEST, 236.10
FEET ALONG SAID PARALLEL LINE TANGENT TO THE LAST DESCRIBED COURSE
TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS.
` P�Ss ks OUR e
y UNITED CITY of YORKVILLE
County Seat of Kendall County
K
800 Game Farm Rd.
Yorkville, IL 60560
.. E .. 630-553-4350
°vNDEO W�s
February 4, 2002
Holly Baker
United City of Yorkville
800 Game Farm Rd.
Yorkville, IL 60560
Re: Lay-Com, Inc. (Bristol Club)
Dear Holly:
Enclosed please find the following originally recorded documents:
1) Ordinance No. 2001-48A (Ordinance Annexing Properties to the United
City of Yorkville, Kendall County, Illinois)
2) Ordinance No. 2001-49 (An Ordinance Authorizing the Execution of an
Annexation and Planned Unit Development Agreement of Lay-Com, Inc.)
3) Annexation and Planned Unit Development Agreement between the United City
of Yorkville and Lay-Com, Inc., Developer and Owner of Record
These documents are being provided for the City's files. Please be advised that file stamped
copies have been sent to the Petitioner. Should you have any questions, please feel free to call
my office.
Very tru yours,
Daniel J. Kr er
Attorney at Law
DJK/lgc
Encl.
cc Chief Harold Martin