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Ordinance 1993-25 KENDAL OCCRcCYRD % D © fG1...:��7 DOC. 0 .. JAN 0 3 1994 ,tECORDfH OF DEEDS ORDINANCE NO. 1993- J AN ORDINANCE REZONING AND RECLASSIFYING REAL ESTATE AND AUTHORIZING EXECUTION OF PLANNED UNIT DEVELOPMENT AGREEMENT (BICKSLER - SCHWARZ - WISSMILLER) WHEREAS, KEVIN BICKSLER, MARTY SCHWARZ, and PAUL WISSMILLER, are the owners of the real estate hereinafter described, situated in the United City of the Village of Yorkville, Kendall County, Illinois, to-wit: (See attached legal description) being an unimproved lots situated in the City; and WHEREAS, said real estate is presently zoned B-3, Service Business District under the Zoning Ordinance of the City of Yorkville; and WHEREAS, the owners have heretofore filed an Application for Zoning and for Planned Unit Development Agreement with the City requesting the rezoning and reclassification of said real estate to R-4, General Residence District (multifamily use) under the Zoning Ordinance of the City; and WHEREAS, pursuant to the provisions of the Zoning Ordinance of the City of Yorkville, the Plan Commission of the City has previously scheduled and held public hearings with respect to the zoning classification to be assigned to the real estate and with respect to the development of the real estate as a Planned Unit Development; and WHEREAS, the City Council of the City has conducted various PGLE meeting with the owners with respect to the zoning classification to be assigned to the real estate and with respect to the terms and provisions of the Planned Unit Development Agreement for the real estate; and WHEREAS, the owners and the City have agreed that it is in the best interests of the owners and the City to develop the real estate as a Planned Unit Development under the R-4, General Residence District zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS : Section 1. That the real estate herein described be and the same is hereby rezoned and reclassified from B-3 , Service Business District, to R-4 , General Residence District, under the provisions of the Zoning Ordinance of the City. Section 2 . The Planned Unit Development Agreement prepared and submitted to the City Council shall be and the same is hereby approved. The Mayor and City Clerk are authorized to execute the Planned Unit Development Agreement on behalf of the City. Section 3 . The real estate described herein shall be developed only in accordance with the terms and provisions of the Planned Unit Development Agreement. Section 4 . All other ordinances in conflict herewith be and the same are hereby superseded insofar as such conflict exists and insofar as they are applicable to the real estate specifically described herein. Section 5 . This Ordinance shall be in full force and effect �K 6 3 7 PG-L-/ from and after its passage and approval as provided by law. PASSED by the City Council of the United City of the Village of Yorkville, Kendall County, Illinois, on the day of September, 1993 . SIGNED and APPROVED by the Mayor of the United City of the Village of Yorkville, Kendall County, Illinois, on the day of September, 1993. Mayor ATTEST: ity Jerk DWX9 :A: \YORKV BK637PGaW PARCEL ONE: Lots 3, 4, 5 and 6; also that part of Lot 1, described as follows: Commencing at the Southwesterly corner of said Lot 1; thence Northerly along the Westerly line of said lot, 40 . 3 feet for the point of beginning; thence Easterly along a line forming an angle of 891 15 ' measured counter-clockwise from the last described course, 38 . 8 feet; thence Northeasterly along a line forming an angle of 1361 measured clockwise from the last described course, 14 . 1 feet; thence Northerly along a line forming an angle of 2250 57 ' measured counter-clockwise from the last described course, 32 feet; thence Easterly along a line forming an angle of 1090 53 ' measured counter-clockwise from the last described course, 64 . 33 feet to the Easterly line of said Lot 1; thence Northerly along said Easterly line 27 feet to the Northeast corner of said lot; thence Westerly along the Northerly line of said lot 110 .5 feet to the Northwest corner thereof; thence Southerly along the Westerly line of said lot to the point of beginning; all in Block 4 of Black' s Addition to the Village of Yorkville, in the City of Yorkville, Kendall County, Illinois . PARCEL TWO: That part of Lot 1, described as follows : Beginning at a point on the South line of said Lot 1, 31 feet West of the Southeast corner of said lot; thence Northerly at right angles to the South line of said lot to the Southerly bank of the Fox River; thence Westerly along said Southerly bank to the Northwest corner of said Lot 1; thence South along the West line of said lot to the Southwest corner thereof; thence East along the South line of said Lot 1 to the point of beginning; in Block 9 of Black' s Addition to the Village of Yorkville, in the City of Yorkville, Kendall County, Illinois; except the following described Parcel : That part of Lot 1 in Block 9 of Black' s Addition to Yorkville, described as follows : Commencing at the Southeast corner of said Lot 1; thence Westerly along the Southerly line of said lot, 31 .0 feet for a point of beginning; thence Westerly along said Southerly line 10 . 0 feet; thence Northerly at right angles to said Southerly line, 156 . 0 feet to the Southerly bank of the Fox River; thence Easterly along said Southerly bank to a line drawn Northerly, perpendicular to said Southerly line, from the point of beginning; thence Southerly to a point of beginning, in the United City of the Village of Yorkville, Kendall County, Illinois . PARCEL THREE : Lots 2 and 3 in Block 9 and the Easterly 30 feet of Block 10 of Black' s Addition to the Village of Yorkville, in the City of Yorkville, Kendall County, Illinois . DWX9 :A: \LGL J"�7 UNITED CITY OF THE VILLAGE OF YORKVILLE 4,S'a� f, -3� MAYO Vb r VIL 51CLERK MARTY ' CHWARTZ (K.MN BIC,KS)LER PAUL WISSMILLER Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, IL 60560 708-553-9500 Atty. Reg. 01522426 4 "Xl 7/'�G y Revised September 3, 1993 STATE OF ILLINOIS COUNTY OF KENDALL UNITED CITY OF THE VILLAGE OF YORKVILI PLANNED UNIT DEVELOPMENT AGREEMENT (Bicksler - Schwartz •• Wissmiller) NOW COMES DEVELOPERS, Marty Schwartz, Kevin Bicksler, and Paul Wissmiller owners of certain real property described in the attached Exhibit"A" formerly known as the Farmers Elevator property, and the United City of the Village of Yorkville, an Illinois Municipality who do hereby enter into this written Planned Unit Development Agreement to supplement and in addition to the petition for zoning and drawings submitted therewith to be approved by the City Council of the United City of Yorkville upon the following terms and conditions and in consideration of the various agreements made between the parties agree as follows: 1. Whereas each party agrees that it is in the best interest of owners and the City to develop the subject real property described in the attached Exhibit "A" as a Planned Unit Development; and 2. Whereas each party agrees that it is in the best interest of the local government bodies effected and the-Developers to provide for specific performance standards in the development of the subject property; and 3. Whereas each party agrees that a substantial impact will be had on the services of the United City of the Village of Yorkville by developing said subdivision; and 4. Whereas, the Developers have agreed to perform certain conditions substantially above those requirements made by the United City of the Village of Yorkville; NOW TBEREFORE, the parties agree as follows: A. The subject property shall be rezoned from B-3, Business District, to R-4, Multi-family Use. B. That said property shall not be improved with more than 18 units of housing. In the event the City purchases the Northern parcel of said real estate, the developer shall construct no more than fourteen (14) residential dwelling units on the South parcel. C. That the development of the property shall.be subject to a development plat and detailed site plan containing setbacks. heights of buildings not to exceed those set out in the City of Yorkville's zoning ordinance at the time commencement of construction is made, and providing for a plan ensuring that no subsidence occurs to those residences located to the south and east of the subject Parcel. D. That the development plan shall contain screening, fencing, or green area/berming with the bordering property on the east. E. That prior to commencement of construction, developer will submit a detailed storm water engineering plan ta;cing into account existing run-off, future estimated run-off with the construction of adiEtional multi-family units thereon, and compliance with the Yorkville Storm Water Run-off Ordinance. F. That approval of this Planned Unit Development Agreement anticipates that the Developer shall submit a development plat of subdivision as well as the above referenced plans prior to commencement of any construction. G. This agreement shall be binding upon the successors, heirs, and assigns of each party hereto. H. If any portion of this agreement were determined to be invalid the remaining portions thereof shall be in full force and effect between Developer and the ty. I. That Developers acknowledge that both City Land Cash contributions and Oity transition fees shall be charged on a per unit basis for any units constructed on said property and are agreed to be paid by petitioner so long as said amounts as treated in a nondiscriminatory manner and are the same amounts charged to any developer on a per unit basis charged at the time said property is platted, developer receiving credit fd 8 ots previously platted for which transitio ees_ — ? he provisions o tie City of Yorkville shall not be charged. school transition fee ordinance shall not be applicable to the development of the real estate. J. The owners herewith grant to the City the right of first refusal to purchase the North parcel of the real estate for the sum of $75,000. 00. This right of first refusal shall be in full force an%A effect from the date of approval of this agreement by the City Council until July 1, 19 4 ., In the event the owners receive an offer to purchase the real estate from a third .party, owners shall give the City notice of that offer. The City shall then give notice, within fourteen ( 14) days, to the owners of its intention to acquire the real estate for the sum of $75,000 . 00 . Closing of the sale shall occur within thirty (30) days of the notice by the City to the owners of its intention to acquire the real estate. In the event that the City fails to exercise its right of first refusal on or before July 11 1994, then the City shall lose its right to acquire the property pursuant to the terms of this paragraph. 3 EXHIBIT "B" BLOCK ZONING CLASS I B-3 Service Business District 2 B-3 Service Business District 3 Dedicated to the City of Yorkville for Park Purposes 4 R-3 General Residence District (7.0 Dwelling Units Per Acres Maximum Density) 5 R-2 One Family Residence District 6 R-2 One Family Residence District 7 R-2 One Family Residence District g Dedicated to the City of Yorkville for Park Purposes 9 B-3 Service Business District 10 R-2 One-Family District 11 R-3 General Residence District (7.0 Dwelling Units Per Acres Maximum Density) The acreages set out in each Block of zoning as above-described shall not exceed those set out in Exhibit "B" to this Agreement unless otherwise approved by vote of the City Council. from and after its passage and approval as provided by law. PASSED by the City Council of the United City of the Village of Yorkville, Kendall County, Illinois, on the �_ day of September, 1993. SIGNED and APPROVED by the Mayor of the United City of the Village of Yorkville, Kendall County, Illinois, on the day of September, 1993. Mayor ATTEST: LJA ty Clerk CT DWX9 :A: \YORKV ORDINANCE NO. 1993- AN ORDINANCE REZONING AND RECLASSIFYING REAL ESTATE AND AUTHORIZING EXECUTION OF PLANNED UNIT DEVELOPMENT AGREEMENT (BICKSLER - SCHWARZ - WISSMILLER) WHEREAS, KEVIN BICKSLER, MARTY SCHWARZ, and PAUL WISSMILLER, are the owners of the real estate hereinafter described, situated in the United City of the Village of Yorkville, Kendall County, Illinois, to-wit: (See attached legal description) being an unimproved lots situated in the City; and WHEREAS, said real estate is presently zoned B-3, Service Business District under the Zoning Ordinance of the City of Yorkville; and WHEREAS, the owners have heretofore filed an Application for Zoning and for Planned Unit Development Agreement with the City requesting the rezoning and reclassification of said real estate to R-4, General Residence District (multifamily use) under the Zoning Ordinance of the City; and WHEREAS, pursuant to the provisions of the Zoning Ordinance of the City of Yorkville, the Plan Commission of the City has previously scheduled and held public hearings with respect to the zoning classification to be assigned to the real estate and with respect to the development of the real estate as a Planned Unit Development; and WHEREAS, the City Council of the City has conducted various meeting with the owners with respect to the zoning classification to be assigned to the real estate and with respect to the terms and provisions of the Planned Unit Development Agreement for the real estate; and WHEREAS, the owners and the City have agreed that it is in the best interests of the owners and the City to develop the real estate as a Planned Unit Development under the R-4, General Residence District zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS : Section 1 . That the real estate herein described be and the same is hereby rezoned and reclassified from B-3, Service Business District, to R-4, General Residence District, under the provisions of the Zoning Ordinance of the City. Section 2 . The Planned Unit Development Agreement prepared and submitted to the City Council shall be and the same is hereby approved. The Mayor and City Clerk are authorized to execute the Planned Unit Development Agreement on behalf of the City. Section 3 . The real estate described herein shall be developed only in accordance with the terms and provisions of the Planned Unit Development Agreement. Section 4 . All other ordinances in conflict herewith be and the same are hereby superseded insofar as such conflict exists and insofar as they are applicable to the real estate specifically described herein. Section 5 . This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. PASSED by the City Council of the United City of the Village of Yorkville, Kendall County, Illinois, on the day of September, 1993. SIGNED and APPROVED by the Mayor of the United City of the Village of Yorkville, Kendall County, Illinois, on the day of September, 1993 . Mayor ATTEST: (2 'ty Clerk DWX9 :A: \YORKV PARCEL ONE: Lots 3, 4 , 5 and 6; also that part of Lot 1, described as follows: Commencing at the Southwesterly corner of said Lot 1; thence Northerly along the Westerly line of said lot, 40 . 3 feet for the point of beginning; thence Easterly along a line forming an angle of 890 15 ' measured counter-clockwise from the last described course, 38 .8 feet; thence Northeasterly along a line forming an angle of 1360 measured clockwise from the last described course, 14 . 1 feet; thence Northerly along a line forming an angle of 2250 57 ' measured counter-clockwise from the last described course, 32 feet; thence Easterly along a line forming an angle of 1090 53 ' measured counter-clockwise from the last described course, 64 . 33 feet to the Easterly line of said Lot 1; thence Northerly along said Easterly line 27 feet to the Northeast corner of said lot; thence Westerly along the Northerly line of said lot 110 .5 feet to the Northwest corner thereof; thence Southerly along the Westerly line of said lot to the point of beginning; all in Block 4 of Black' s Addition to the Village of Yorkville, in the City of Yorkville, Kendall County, Illinois . PARCEL TWO: That part of Lot 1, described as follows : Beginning at a point on the South line of said Lot 1, 31 feet West of the Southeast corner of said lot; thence Northerly at right angles to the South line of said lot to the Southerly bank of the Fox River; thence Westerly along said Southerly bank to the Northwest corner of said Lot 1; thence South along the West line of said lot to the Southwest corner thereof; thence East along the South line of said Lot 1 to the point of beginning; in Block 9 of Black' s Addition to the Village of Yorkville, in the City of Yorkville, Kendall County, Illinois; except the following described Parcel : That part of Lot 1 in Block 9 of Black' s Addition to Yorkville, described as follows : Commencing at the Southeast corner of said Lot 1; thence Westerly along the Southerly line of said lot, 31 . 0 feet for a point of beginning; thence Westerly along said Southerly line 10 . 0 feet; thence Northerly at right angles to said Southerly line, 156 . 0 feet to the Southerly bank of the Fox River; thence Easterly along said Southerly bank to a line drawn Northerly, perpendicular to said Southerly line, from the point of beginning; thence Southerly to a point of beginning, in the United City of the Village of Yorkville, Kendall County, Illinois . PARCEL THREE : Lots 2 and 3 in Block 9 and the Easterly 30 feet of Block 10 of Black' s Addition to the Village of Yorkville, in the City of Yorkville, Kendall County, Illinois . DWX9 :A: \LGL 8K5 ? 9PG together with an accurate map of the territory annexed, which map shall be certified as to its correctness. Section 4: That the property described on Exhibit "A" is hereby annexed and zoned for B_3 Highway Business District Section 5: That all ordinanaces or portions of ordinances in conflict herewith be, and they are hereby repealed insofar as such conflict exists. Section 6: 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, I Llinois, as herein provided. PRESENTED to the City Council of the United City of the Village of Yorkville, Kendall County, Illinois this day of � , 16_j PASSED by the City Council of the United City of th illage of Yorkville, Kendall County, Illinois this --D-day of ��_.� 19E. SIGNED by the Mayor of the United City of he Village of Yorkville, Kendall County, Illinois this � day of 19 � KENNE K. KITT E JR. , ayor ATTEST:— Ci�y qer -2-