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Ordinance 1989-10 9'a / 7-2 C BK263 FILED FOR RECORD ND/ALT'f ILL.� ORDINANCE ANNEXING TERRITORY TO THE KEN FOR UNITED CITY OF THE VILLAGE OF YORKVILLE DOC# KENDALL COUNTY, ILLINOIS /F E B 2 8 1. 90 NOV A49 CONOVER/KENDALL COUNTY REAL ESTATE (; RECORDER Of DEEDS, F'L ECORDER Of DEEDS. WHEREAS, MERCHANTS NATIONAL BANK OF AURORA, a banking corporation, as Trustee under Trust Agreement dated October 2 , 1973 , and known as Trust No. 2175 , and KENDALL COUNTY, a body politic, as record owners in fee simple of a tract of land X contiguous to the United City of the Village of Yorkville, w 0 Kendall County, Illinois, consisting of approximately 89 acres of •0 land, have heretofore filed a Petition For Annexation with the L United City of the Village of Yorkville, Kendall County, U Illinois, (hereinafter referred to as "City" ) , requesting the OP_ o annexation and zoning of the said property; and a� r +� WHEREAS, pursuant to said Petition, the Plan Commission of v aD ss- the City has considered said Petition; and 0 U s WHEREAS, a public hearing has been held thereon; and a� Ln WHEREAS, prior to the adoption of this Ordinance, the City 4° has entered into an Annexation Agreement with the owners concerning the annexation and development of said real estate, 0 v the terms and provisions of said Annexation Agreement being incorporated herein by reference as though fully set forth herein verbatim; and WHEREAS, the petitioners are the owners of said land or the persons having an interest in said land; and WHEREAS, said petitioners are, under oath, requesting the BBC26X P � annexation of said property to the City and in all respects have presented their Petition in accordance with the provisions of Section 7-1-1 of the Illinois Municipal Code, being Chapter 24 of the Illinois Revised Statutes; and WHEREAS, upon investigation by the proper authorities of the City, it has been ascertained that said Petition conforms in all respects to the requirements of the statutes and that the said property is contiguous to the United City of the Village of Yorkville, Kendall County, Illinois, and is not within the corporate limits of any other municipality; and WHEREAS, due notice of said Petition For Annexation has been served upon the Trustees of the Bristol-Kendall Fire Protection District, the Township Commissioner of Highways of Bristol Township, Kendall County, Illinois, and the Board of Town Trustees of Bristol Township, Kendall County, Illinois, all as required by statute; and WHEREAS, the statutes provide that upon affirmative vote from the majority of the City Council, contiguous property can be annexed to the United City of the Village of Yorkville, Kendall County, Illinois. 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 legally described in Exhibit "A" attached hereto and made a part hereof be and the same is hereby annexed to the United City of the Village of Yorkville, Kendall County, Illinois. -2- 8 . BK 2 : P . Section 2: That the city limits of the City be and they are hereby extended to include the territory hereby annexed to the City in accordance with the map of said property annexed hereto and marked as Exhibit "B" . Section 3 : That said property be and the same is hereby annexed, in all respects, in accordance with the provisions, terms and conditions set forth in the Annexation Agreement entered into by the City and by the owners on the _ 76th day of Octoher , 1989. Section 4: That the real estate described in Exhibit "A" attached hereto and made a part hereof be and the same is hereby zoned into the following zoning classifications in accordance with the provisions of the Annexation Agreement hereinabove referred to, to-wit: ( a) "O" - Office District - the following parts thereof : PARCEL NO. 1 That part of the North Half of Section 29, Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of said Section 29; thence South 00° 39 ' 10" East along the West line of said Section 479. 39 feet to the Southerly line of U.S. Route No. 34; thence South 840 57 ' 39" East along the Southerly line of said U.S. Route No. 34 a distance of 1623 . 07 feet for a point of beginning; thence South 50 02 ' 21" West a distance of 633 feet; thence South 841 57 ' 39" East a distance of 410. 03 feet; thence North 61 58 ' 2411 East a distance of 624. 61 feet to the Southerly line of U.S. Route No. 34; thence North 820 40 ' 55" West along said Southerly line a distance of 219.79 feet; thence North 841 57 ' 39" West along said Southerly line a distance of 211. 49 feet to the point of beginning, containing 6. 09 acres (more or less) . -3- PARCEL NO. 2 That part of the North Half of Section 29, Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of said Section 29; thence South 001 39 ' 101" East along the West line of said Section 479. 39 feet to the Southerly line of U.S. Route No. 34; thence South 840 57 " 39" East along the Southerly line of said U.S. Route No. 34 a distance of 1623 . 07 feet; thence South 5° 02 " 21" West a distance of 633 feet for a point of beginning; thence continuing South 50 02 " 21" West a distance of 637 . 14 feet; thence North 890 05 ' 00" East • distance of 392. 00 feet; thence North 60 58 ' 241" East • distance of 596. 80 feet; thence North 840 57 " 39" West a distance of 410 . 03 feet to the point of beginning, containing 5 . 66 acres, (more or less) . PARCEL NO. 6 That part of the Northwest Quarter of Section 29, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northwest corner of said Section 29; thence South 001 39 " 10" East along the West line of said Section 429. 15 feet to the center line of U.S. Route No. 34 for a point of beginning; thence South 840 57 ' 39" East along said center line, 1628. 05 feet; thence South 050 02 ' 211' West; 1320 . 13 feet to the line of a fence now monumenting the South line of property once owned by T. Spencer; thence South 890 05 " 001" West along said fence line, 1489. 11 feet to said West line; thence North 000 39' 10" West along said West line, 1481. 95 feet to the point of beginning in Bristol Township, Kendall County, Illinois and containing 48. 14 acres (more or less) . (b) "B-21' -- General Business District - the following parts thereof : PARCEL NO. 4 That part of the North Half of Section 29, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northwest corner of said Section 29 ; thence South 001 39" 101" East along the West line of said Section 479. 39 feet to the Southerly line of U.S. Route No. 34; thence South 840 57 " 39" East along the Southerly line of said U.S. Route No. 34 a distance of 1623 . 07 feet; thence South 5° 02 ' 21" West a distance of 1270 . 14 feet; thence North 891 05' 001" East a distance of 392. 00 feet; thence North 60 58 " 24" East a distance of 789. 80 feet for a point of beginning; thence continuing North 60 -4- 58 ' 24" East a distance of 431. 61 feet to the Southerly line of U.S. Route No. 34; thence South 820 36 ' 27" East along said Southerly line a distance of 593 . 96 feet; thence continuing along said Southerly line South 82° 33 ' 23" West a distance of 199. 91 feet; thence continuing along said Southerly line being a curve to the right, having a radius of 7423 . 42 feet, an arc distance of 190 feet; thence South 130 20 ' 05" West a distance of 371 . 28 feet; thence North 840 57 ' 39" West a distance of 941. 61 feet to the point of beginning, containing 9 . 05 acres (more or less) . (c) '"R-3" - General Residence District - for Duplex Building or Apartment use only, the following parts thereof: PARCEL NO. 3 That part of the North Half of Section 29, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northwest corner of said Section 29; thence South 000 39 ' 10" East along the West line of said Section 479. 39 feet to the Southerly line of U.S. Route No. 34; thence South 840 57 ' 39" East along the Southerly line of said U.S. Route No. 34 a distance of 1623 . 07 feet; thence South 50 02 " 21" West a distance of 1270 . 14 feet; thence North 890 05 ' 00" East a distance of 392 . 00 feet; thence North 60 58 ' 24" East a distance of 183 feet for a point of beginning; thence continuing North 60 58 ' 24" East a distance of 606. 80 feet; thence South 84° 57 ' 39" East a distance of 941 . 61 feet; thence South 130 20 ' 05" West a distance of 194 . 93 feet; thence North 840 57 ' 39" West a distance of 740. 00 feet; thence South 60 58' 24" West a distance of 394. 95 feet; thence South 890 05 ' 00" West 181. 62 feet to the point of beginning, containing 5.79 acres (more or less) . (d) "'R-2" - One Family Residence District - the following parts thereof : PARCEL NO. 5 That part of the North Half of Section 29, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northwest corner of said Section 29; thence South 00° 39 ' 10" East along the West line of said Section, 429. 15 feet to the center line of U.S. Route No. 34; thence South 840 57 ' 39" East along said center line, 2068 . 55 feet; -5- Bid / thence Easterly along said center line, being a tangential curve to the right having a radius of 7,473 . 42 feet an arc distance of 1675. 95 feet; thence South 720 06 ' 43" East along said center line a distance of 50 feet; thence South 170 53 ' 17" West a distance of 50 feet to the South line of said U.S. Route No. 34 for a point of beginning; thence continuing South 170 50 ' 17" West a distance of 50 feet; thence North 750 16 ' 48" West a distance of 576. 90 feet; thence South 13° 20 ' 05" West a distance of 1016 . 33 feet; thence South 820 24 ' 19" West a distance of 115. 68 feet; thence North 67° 18 ' 10" West a distance of 112. 52 feet to the Easterly extension of the line of a fence now monumenting the South line of property once owned by T. Spencer; thence South 891 05 ' 00" West along said extended line and said fence line a distance of 808 . 00 feet; thence North 60 58 ' 24" East a distance of 183 . 00 feet; thence North 890 05 ' 00" East • distance of 181.62 feet; thence North 61 58 ' 24" East • distance of 394.95 feet; thence South 840 57 ' 39" East a distance of 740 feet; thence North 130 20" 05" East 566. 21 feet to the South line of said U.S. Route No. 34; thence Easterly along said Southerly line a distance of 739. 47 feet to the point of beginning in Bristol Township, Kendall County, Illinois and containing 14. 23 acres (more or less) . Section 5: That all ordinances or portions of ordinances in conflict herewith be, and they are hereby repealed insofar as such conflicts exist. Section 6 : That the City Clerk of the United City of the Village of Yorkville be and she 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, together with an Affidavit notice as required by Section 7-1-1 of Chapter 24 of the Illinois Revised Statutes, setting forth that notices of said annexation has been served upon the Trustees of the Bristol-Kendall Fire Protection District, the Bristol Township Commissioner of Highways and the Trustees of Bristol Township, and the Yorkville-Bristol Sanitary -6- District. Section 7 : That the City Clerk of the City be and she is herewith authorized and directed to give notice, by certified or registered mail, of the annexation of the within described real estate to the election authorities having jurisdiction in the territory hereby annexed and to the Post Office branch serving the territory herein annexed, all within thirty ( 30) days of the annexation of the within described real estate. Section 8: That this ordinance shall take effect and be in full force and effect from and after its final passage and signing by the Mayor and its recording by the Recorder of Deeds of Kendall County, Illinois as herein provided. PRESENTED to the City Council of the United City of the Village of Yorkville, Kendall County, Illinois, this 26th day of October , 1989 . PASSED by the City Council of the United City of the Village of Yorkville, Kendall County, Illinois, this 26th day of October 1989 . SIGNED by the Mayor of the United City of the Village of Yorkville, Kendall County, Illinois, this /(Q /t day of 1989 . Mayor ATTEST: PREPARED BY: Thomas W. Grant Attorney at Law City Jerk PO Box 326 (Seal) Yorkville, IL 60560 ( 312) 553-0088 A: \CONANEX EXHIBIT "A" ANNEXATION DESCRIPTION That part of the North Half of Section 29, Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of said Section 29; thence South 000 39' 10" East along the West line of said Section 429. 15 feet to the center line of U.S. Route No. 34 for a point of beginning; thence South 840 57 ' 39" East along said center line, 2068. 55 feet; thence Easterly along said center line, being a tangential curve to the right having a radius of 7,473. 42 feet an arc distance of 1,675. 95 feet; thence South 720 06' 43" East along said center line a distance of 50 feet; thence South 170 53 ' 17" West a distance of 576. 90 feet; thence South 130 20 ' 05" West a distance of 1,016 . 33 feet; thence South 821 24 ' 19" West a distance of 115. 68 feet; thence North 670 18 ' 10" West a distance of 112. 52 feet to the Easterly extension of the line of a fence now monumenting the South line of property once owned by T. Spencer; thence South 890 05 ' 00" West along said extended line and said fence line a distance of 2, 689 .11 feet to said West line; thence North 000 39' 10" West along said West line a distance of 1, 481 . 95 feet to the point of beginning in Bristol Township, Kendall County, Illinois, and including U.S. Route 34 right-of-way. ec Real Estate I - A: \ANNEX EXHIBIT "A" ANNEXATION DESCRIPTION That part of the North Half of Section 29, Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of said Section 29; thence South 001 39 ' 10" East along the West line of said Section 429. 15 feet to the center line of U.S. Route No. 34 for a point of beginning; thence South 840 57 ' 39" East along said center line, 2068. 55 feet; thence Easterly along said center line, being a tangential curve to the right having a radius of 7,473 . 42 feet an arc distance of 1, 675. 95 feet; thence South 720 06 ' 43" East along said center line a distance of 50 feet; thence South 170 53 ' 17" West a distance of 100 feet; thence North 751 16 ' 48" West a distance of 576. 90 feet; thence South 13° 20 ' 05" West a distance of 1,016. 33 feet; thence South 820 24 ' 19" West a distance of 115. 68 feet; thence North 670 18 ' 10" West a distance of 112. 52 feet to the Easterly extension of the line of a fence now monumenting the South line of property once owned by T. Spencer; thence South 890 05 ' 00" West along said extended line and said fence line a distance of 2,689. 11 feet to said West line; thence North 000 39 ' 10" West along said West line a distance of 1, 481. 95 feet to the point of beginning in Bristol Township, Kendall County, Illinois, and including U.S. Route 34 right-of-way. ( LEGAL DESCRIPTION CORRECTED 2/28/90 ) Real Estate I - A: \ANNEX PLAT OF ANNEXATION AREA TO BE ANNEXED TO THE UNITED CITY OF THE VILLAGE OF YORKVILLE KENDALL CO . ILLINOIS . m -- - $ ..•„,,:--- --err.__ �� 00 '� w.. •'-�n,�'r. •''._.,.--!•j�,r�>>Ti Gay _ . ?_z A r Sys \ . f•� `�boy P ^�' • / ����` s e b Lt-' 't. ,p\' pPP A _rp S _ PARCEL N°. 3 S.T9 AC. 9.4 i" r. r.r I^ I Q - . i • ��z ti r • �►�oroi[p aTr IWTO _ �--'�'�� T~ .,ry✓ �CAt-E: r. 200, ;'. cyl- 1 I I I / t , ."B" I /a?' ' t� tLII�,i� IV ��t L I4 � UI\j U V r \ �,.) 8K2 E I 47H S a s - - IN THE CITY 0F. YORKVILLE , 1 PROPOSED OFFICE CONVENIENT SHOPPING AND OR i! I�I® /i L� CO.' !� I V H ► ILLINOIS. A N 8 f a cJ 19891 ,ro ` ► POND r I �w jl PROPOSED up EX ZONIN >C/ p SCALE �" 100' Q 3 1 2 q -- -- ��° 3.16 ACRES �� Q OF ; L is � { ! ' 1 ROPE EO ISINGL FAMILY ; .ro• e: a asp- f� ' \ s `s�� �' � � /� / / f C) 11 (( 4.5 A C R��'S rIj' 4 s ''J f/ PRELIMINARY DESIGN DATA TOTAL AREA Of SITE (F�CCLUO1q R.O.W. OF NT j 4 X9.97 AGtES !� c / ���. OPEN SPACE 1.6d ACRES ESINGLE -s ��J vTOTAL�LENGTH Of PROPOSED ROADS.... _.........4200 LY CR.io" ( o- AREA OF PROPOSED COMMERCI LL. AND IW.77-EX 27.97 ACRES FAMS � AREA OF DUPLEX LOTS I I1 LOTS) 4.35 ACRES AREA OF SINGLE FAMILY LOTS (2S LOTS) 0.O4ACRES SINGLE Ft o L I / 5.53 ACRES / �"3 5 oa. 1.06 ACRE L A 10 MqP 4r n J 42MF tat' PREPARED BY: e THOMAS S.JAVORK.P.E. CONSLLTaf9 ENGINEER, DATED: MAY 25. 1989 t REVISED :Jo.vE ro, J4a9 CONOVER LANE • I - - At