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Ordinance 2000-35 20(_)000(-)16881 Filed for Record in Ke.,-NDHLL COUNTY, 1 LL 11.101 S PAUL ANDE f SON On 12-06-2000 At 12":52 pm. May 11, 2000 ORDER 21.00 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDIN ANCE NO. 2000- :3S- ORDINANCE ANNEXING PROPERTIES TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS,PRAIRIE GARDENS SUBDIVISION,BARRY J.NILES as"DEVELOPER", and ROBERT M. LOFTUS and ILDEFONSA LOFTUS as record owners in fee simple of a tract of land contiguous to the UNITED CITY OF YORKVILLE, have heretofore submitted a Petition for Annexation of said property to the UNITED CITY OF YORKVILLE; and WHEREAS, the development and annexation of said land 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 real property 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 -1- I accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code,being 65 ILCS 5111- 15.1-1 et. seq. i 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 affirmative vote of a maj ority of the City Council, contiguous real property can be annexed to the UNITED CITY OF YORKVILLE,Kendall County, g p p Y II 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 I annexed to the UNITED CITY OF YORKVILLE, Kendall County, Illinois: See Attached Legal Description Section 2: Grant zoning as set out in Exhibit`B" and"C". Section 3: Approve Preliminary Plan dated o�co '� re Section 4: 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 5: 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 I shall be certified as to its correctness. -2- II II Section 6: That the property described in Exhibit"A"is hereby annexed to the UNITED i CITY OF YORKVILLE. Section 7: That the real ro ert described in the attached Exhibit"B"is hereby zoned P p Y R-3 General Residential District, subject to the terms of the Planned Unit Development Agreement and Covenants to be submitted by DEVELOPER with all Final Plats of Subdivision,limiting the use of said real property to age-restricted 55 years of age development. Section 8: That the real property described in the attached Exhibit"C"is hereby zoned I B-3 Service Business District. i Section 9: That all Ordinances or portion of Ordinances in conflict herewith be, and they are hereby repealed insofar as such conflict exists. Section 10: That this Ordinance shall take effect and be in full force and effect upon and i 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,-4 day of JU I l , 2000. Section 11: 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 I invalid by a Court of competent jurisdiction, the remainder of the Resolution shall not be affected thereby. BURTON CALLMER DAVE DOCKSTAD ER RICHARD STICKA MIKE ANDERSON i VALERIE BURD ROSE SPEARS LARRY KOT THOMAS SOWINSKI -3- I I i APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this _a day of J' w, A.D. 20 MAYOR PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this day of 31 , A.D. 20t. Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer I I 07 South Bridge Street Yorkville, Illinois 60560 630.553.9500 -4- I Exhibit "A" LEGAL DESCRIPTION Property to be Annexed THAT PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 89040'05" WEST, ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER 655.52 FEET TO THE TANGENT CENTERLINE OF ILLINOIS STATE ROUTE NO. 47 EXTENDED FROM THE SOUTH; THENCE SOUTH 01'44'07" EAST, ALONG SAID EXTENDED TANGENT CENTERLINE AND SAID TANGENT CENTERLINE, 1075.45 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 01'44'07" EAST, ALONG SAID CENTERLINE, 847.45 FEET; THENCE SOUTH 88°52'07" WEST, 1645.43 FEET TO AN OLD CLAIM LINE; THENCE NORTH 11'59'56" EAST, ALONG SAID CLAIM LINE, 870.14 FEET TO A LINE DRAWN SOUTH 88°52'07" WEST FROM THE POINT OF BEGINNING; THENCE NORTH 88°52'07" EAST, 1438.83 FEET TO THE POINT OF BEGINNING(EXCEPTING THEREFROM THE NORTHERLY 270.38 FEET OF THE EASTERLY 805.59 FEET, AS MEASURED ALONG THE EAST AND NORTH LINES, AND EXCEPT THE EASTERLY 60.0 FEET, HAVING BEEN CONVEYED TO THE STATE OF ILLINOIS) IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. CONTAINING 24.20 ACRES i i i i III i Exhibit `B" LEGAL DESCRIPTION R-3 Zoned Area THAT PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 89 040'05" WEST 655.52 FEET ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, TO THE TANGENT CENTERLINE OF ILLINOIS STATE ROUTE NO. 47 EXTENDED FROM THE SOUTH; THENCE SOUTH 01'44'07" EAST, ALONG SAID EXTENDED TANGENT CENTERLINE AND SAID TANGENT CENTERLINE, 1922.90 FEET; THENCE SOUTH 88'52'07" WEST, 805.80 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 88°52'07" WEST 839.52 FEET TO AN OLD CLAIM LINE; THENCE NORTH 11'59'56" EAST ALONG OLD CLAIM LINE 870.14 FEET; THENCE NORTH 88 052'07" EAST, 633.15 FEET; THENCE SOUTH 01'43'12" EAST, 841.40 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS CONTAINS 14.32 ACRES I I I� i Exhibit"C" LEGAL DESCRIPTION B-3 Zoned Area THAT PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 89 040'05" WEST 655.52 FEET ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, TO THE TANGENT CENTERLINE OF ILLINOIS STATE ROUTE NO. 47 EXTENDED FROM THE SOUTH; THENCE SOUTH 01'44'07" EAST, ALONG SAID EXTENDED TANGENT CENTERLINE AND SAID TANGENT CENTERLINE, 1922.90 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 88 052'07" WEST 805.50 FEET; THENCE NORTH 01'43'12" WEST 577.02 FEET; THENCE NORTH 88 052'07" EAST 805.71 FEET TO SAID TANGENT CENTERLINE OF ROUTE 47; THENCE SOUTH 01 044'07" EAST 577.19 FEET (ALONG SAID TANGENT CENTER LINE OF ROUTE 47) TO THE POINT OF BEGINNING, ALL IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS CONTAINS 9.88 ACRES I i i III �I