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Ordinance 1998-03 1 9812522 09/11/1998 09: 15A 1 of 4 Paul Anderson, Kendall County, IL Recorder STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE NO. 1998- —� AN ORDINANCE REGULATING ENCROACHMENTON PUBLIC RIGHT-OF-WAY OF ROUTE #47 AND COUNTRYSIDE PARKWAY IN THE UNITED CITY OF YORKVILLE WHEREAS, the UNITED CITY OF YORKVILLE, Kendall County, Illinois and the STATE OF ILLINOIS, acting by and through its Department of Transportation, Division of Highways have entered into an agreement relative to the improvement of the Illinois Route 947/FAP 326 (Bridge Street) and Countryside Parkway intersection, identified under State Section (108)1 . WHEREAS, in order to facilitate said improvement, it is necessary for the UNITED CITY OF YORKVILLE to adopt an ordinance regulating encroachments on the State of Illinois right-of-way for said improvement in accordance with the following definition: ROADWAY RIGHT-OF-WAY is defined as those areas existing or acquired by dedication or by fee simple for highway purposes; also, the areas acquired by temporary easement during the time the easement is in effect; PROJECT RIGHT-OF-WAY is defined as those within the project right-of-way lines established jointly by the UNITED CITY OF YORKVILLE , the STATE OF ILLINOIS and the FEDERAL HIGHWAY ADMINISTRATION which will be free of encroachments except as hereinafter defined; ENCROACHMENT is defined as any building, fence, sign(excluding certain signs located over sidewalks), or any other structure or object of any kind (with the exception of utilities and s ' public road signs), which is placed, located, or maintained in, on, under, or over any portion of the project right-of-way or the roadway right-of-way where no project right-of-way line has been established. PERMISSIBLE ENCROACHMENT is defined as any existing awning, marquee, advertising sign, or similar overhanging structure supported from a building immediately adjacent to the limits of the platted street where there is a sidewalk extending to the building line and which does not impair the free and safe flow of pedestrian traffic and traffic on the highway. The permissive retention of overhanging signs is not to be construed as being applicable to these signs supported from poles constructed outside the project right-of-way line and not confined by adjacent buildings. CONSTRUCTION EASEMENT AREA is defined as area lying between the project right-of-way limits and the platted street limits within which the UNITED CITY OF YORKVILLE, by concurrence in the limits and the establishment of the project right-of-way lines, will permit the STATE IF ILLINOIS to enter to perform all necessary construction operations; and WHEREAS, representatives of the UNITED CITY OF YORKVILLE have cooperatively established project right-of-way lines and have mutually determined the disposition of encroachments. NOW THEREFORE, be it ordained by the City Council of the UNITED CITY OF YORKVILLE, Kendall County, Illinois: Section 1: It shall be unlawful for any person, firm, or corporation to erect or cause to be erected, to retain or cause to be retained, any ENCROACHMENT (herein above defined), r .3 within the limits of the project right-of-way or roadway right-of-roadway right-of-way where no project right-of-way lines have been established. Section 2: This ordinance is intended to and shall be in addition to all other ordinances, rules, and regulations concerning encroachments and shall not be construed as repealing or rescinding any other ordinance or part of any ordinance unless in direct conflict therewith. Section 3. Any person, firm, or corporation violating this ordinance shall be fined not less than Two Hundred and Fifty dollars ($250.00) nor more than Five Hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed for each and every day during which a violation continues or exists. Section 4. This ordinance shall be published one time within ten days after its passage in a newspaper having a general circulation in the United City of Yorkville, Illinois and shall be in full force and effect after its passage, and a proval as provided by law. PASSED AND APPROVED T S DAY O 98. Robert A. Jo s , Mayor ATTEST: De r ta- it Clerk SEAL B andra Mrker, e y Clerk ORD98-3