Ordinance 1979-21 M
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ORDINANCE ANNEXING TERRITORY
THE UNITED CITY OF THE VILLAGE OF YORKVILLE
KENDALL COUNTY , ILLINOIS
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WHEREAS , AURORA NATIONAL BANK , as Trustee under Trust Agreement
dated February 17 , 1971 , known as Trust No . 904 , of Aurora , Illinois ,
as record owner in fee simple of a tract of land contiguous to the
United City of the Village of Yorkville , Kendall County , Illinois ,
consisting of approximately 71 acres of land , has heretofore filed
a Petition for Annexation with the United City of the Village of
Yorkville , Kendall County , Illinois ( hereinafter referred to as
" City " ) , requesting the annexation and zoning of said property , all
of which property is described on Exhibit "A" attached hereto and
made a part hereof ; and
WHEREAS , a substantial portion of said property is already
within the corporate limits of the City and approximately 19 .8 acres
of the property is outside of the corporate limits of the City but
contiguous with the existing boundaries ;of the City of Yorkville
and
WHEREAS , said property is not within the corporate limits of
any other municipality ; and
WHEREAS , the City , following numerous public hearings before
the Plan Commission of the City , the Zoning Board of Appeals of the
City , and the City Council , has heretofore , on the 14th day of
September, 1978 , entered into a written Annexation Agreement with
the owner of the property providing for the annexation of the property
and for the zoning of said property into an R-2 , one-family residence
district , under the Zoning Ordinance of the City of Yorkville ; and
WHEREAS , the Petitioner is the owner of said land and no electors
reside thereon ; and
WHEREAS , the Petitioner is under oath requesting the annexation
of said property to the City and in all respects has presented its
Petition in accordance with the provisions of Section 7-1 -8 of the
Illinois Municipal Code , being Chapter 24 of the Illinois Revised
Statutes , 1977 ; and
WHEREAS , upon investigation by the proper authorities of the
City , it has been ascertained that said Petition conforms in all
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respects to the requirements of the statutes and that said property
is contiguous to the United City of the Village of Yorkville , Ken -
dall County , Illinois , and is not within the corporate limits of
any other municipalities ; and
WHEREAS , due notice of said Petition for Annexation has been
served upon the Bristol -Kendall Fire Protection District and the
Kendall Township Highway Commissioner, as required by statute ; and
WHEREAS , the statutes provide that upon the affirmative vote
from a 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 so much of the real estate described on
Exhibit "A" attached hereto and made a part hereof as is not now
within the corporate limits of the City , be and the same is hereby
annexed into the United City of the Village of Yorkville , Kendall
County , Illinois .
SECTION 2 : That the city limits of the City be and are hereby
extended to include the territory hereby annexed into the City in
accordance with the map of said property attached hereto and marked
as Exhibit " B" .
SECTION 3 : That all of said properties described on Exhibit
"A" attached hereto and made a part hereof be and the same is hereby
zoned R- 2 , one-family residence district , in accordance with the
Zoning Ordinance of the City and in accordance with the Annexation
Agreement entered into by the City on the 14th day of September , 1978 .
SECTION 4: That all ordinances or portions of ordinances in
conflict herewith be , and they are hereby repealed insofar as con-
flict exists .
SECTION 5 : 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
o'/-979
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annexed , together with an Affidavit of Notice as required by
Section 7- 1 - 1 of Chapter 24 of the .Illinois Revised Statutes
setting forth that Notice of said annexation has been served
upon the Bristol -Kendall Fire Protection District and the Kendall
Township Highway Commissioner ,
SECTION 6 : 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 15th day of November ,
1979 .
PASSED by the City Council of the United City of the Village
of Yorkville , Kendall County , Illinois , this 15th day of November ,
1979 .
SIGNED by the Mayor of the United City of the Village of
Yorkville , Kendall County , Illinois , this 15th day of November,
1979 .
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Instrument Prepared By : Return Recorded Instrument To :
Law Offices of Thomas W . Grant , City Clerk
Attorneys at Law City of Yorkville
P . O . Box 326 Yorkville , Illinois 60560
Yorkville , Illinois 60560
312/553/0088
EXHIBIT "A"
T;iat p', rt or" the Northeast quarter of Section �: ,
Township 36 North , Range 7 East of the Third Prin - '
cipal Meridian , described as follows : Qec� innina
a t a point . on the west l i ne of said Northeast
quarter 107S . 60 feet South of the Northwest corner
cf said Northeast quarter , being on the center 1. ire
abandoned a.nd vacated Road ; thence South 43°
23 ' 20" East , along said center line , 279 . 05 feet ;
thence ,North 10 07 ' East 121 . 20' feet ; thence North
0 23 ' 20" hest. 279 . 35 feet to th,e hest line or said
4i
;Northeast quarter ; thence South 1 ° 01 ' West along
said hest 'lina ;.' 121. 47 feet to the point of beginning ;
i n the Township -of Kendall , Kendall County , I1 i i not s .
Pa reel Two
That part of the Northeast quarter of Section ,
Township 36 North , Range 7 East of the Third Prin -
cipal ' ',, ridian , described as follows : Commer.cirg
e
point on. - he West line of said Northeast
qu::rter
oy . 07S . o0 feet, South of the Northwest corner of s; id
Northeast quarter , being on the center line of an
abar, don`d and vacated road ; thence South 4'3 20
Fast along said center line 179 . 20 feet to a point
"A" ' thence con-
rtf,. rr�d to as point •
tin: ; ng South 430 23 ' 20" East along said center ', ine
�9 . S5' feet for t• e point• of beginning ; thence South
10 07 ' 'Vest 200 . 49 feet to the center iine or I11 : ncis
;Dote 1' ; thence North 57 0 26 ' Nest along sa , c cen
26 ter
lino of Illinois Route 126 ; 82 . 05 feet to a line drwv:n
So.utn ' o 07 West from point "A aforesaid ; thence
Nor: ,, l ° 07 ' East 228 . 90 feet to said point "A" ; thence
youth .; 3c 23 ' 20" East along the center line o: the
;. forosaid abandoned and vacated road 99 . 35 feet to she
p ir• t of beginning ; in the Township of Kendall ,
KancaI l County , Il l inois .
Parse . Three
iiat p::rt of the. Vest half of Section 33 , To%:r;s:^ ip
37 North , Range 7 East of the Third Principal
inn and part of the Northwest quarter of Section.
Township 36 North, Range 7 East of the Third Prin-
cipal Mari dian , described as follows : Beginning, at
the Northeast corner of the Northwest quarter v .
said Section 4 ; thence South 390 33 ' 23" East a1c.,�j
the North line of said Section 4 , 374 . 31 feet ; tharce
North to 12 ' 29 " .cast 794 . 66 feet ; thence South °
29 ". ::est 329 . 37 feat to the East line o t ,^e '.;es ,
If or said Section 33 ; thence North 10 11 52 East.
alon:, said East line , 901 . 10 feet to a point on .: n old.
clam:; 1 ine ; thence I continuing Borth 10 11 ' 52 " c;: st
along said. East line , 697 . 25 feet ; ti,enae North 76°. 52 '
35" :est 130 . 5 feet ; thence North 100 27 ' 25 " East
204 . 08 fact to the" center line of Van En;;rion S t'.&0z ;
thence North 820 53 ' .03" I•lest along said carter l : ne
983 . 39 feet , to the Easterly line of Sub lot 12 as
shot::: i r, Plat Gook 3 , page' 96 ; thence South 100 2'6 '
'02 " I.-Jost along said. ' Easterly, line , 712 . 63 feet t the
aforesaid old cl.aim ' line ; thence South 73033 ' > "
East along said old claim line 537 .37 feet to t
Easterly line of the former Right of bray of the Fox
and Illinois Union Railway Company ; thence. Southorly
: long said Eastor•ly line , 2151 . 51 -feet to the cer ;or
line of an abandoned road ; thence South 680 39 ' S0
East along said center line 1 53 . 37 feet ; tr,`nce South
43° 23 ' . 20 " East along said center line 1157 . 20 feet
to the,1 East line of -the Northwest quarter of said
Secticin 4 ; thence North 10 01 ' East along said East line ,
1075 . 50 feet to .the .point of beginning ; ( excepting
free said tract o•f. l and that part thereof fal l i n,1
i t n i n the former Right of W'ay of th'e Fox and ! l 1 i not is
Union ;�4 i ltitiay Company , as conveyed to said Rai ". way
Co:..;. . :y by Deed dated September 15 , 1911 and recorded
=ei ru:: ry !E , 1912'-'in Book 66 of Deeds , pago 283 ) ; in
the V ': l l .:, e of- Yorkville and i n ` the Township or Kendall, ,
Kend ; It County`, Z 1,1 i not s . pQ
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EXHIBIT " B"
ACCURATE NAP OF
TERRITORY ANNEXED TO THE CITY OF YORKVILLE
KENDALL COUNTY ILLINOIS ,
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\� Present Corporate Limits 33 of
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uNorth Line of the Northwest Quarter 329.37
of Section 4-36-7
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141.45' ° '4C'RES
State of Illinois:
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County of Kendall : 200'
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This is to certify that we,
Donahue, Thornhill and Olson, Illinois
Registered Land Surveyors, have prepared
the plat hereon drawn to be a correct
representation of that part of the Southeast
Quarter of Section 33, Township 37 North, Range
7 East and that part of the North Half of Section
4, Township 36 North, Range 7 East of the Third s
rincipal Meridian in Kendall Township, Kendall
ounty, Illinois as described in the attached petition. 2 N s`��=
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Dated at Yorkville, Illinois, November 27, 1979
Illinois Registered Land Surveyor No. 2253
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STATE OF ILLINOIS )
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COUNTY OF KENDALL )
AFFIDAVIT
Luanne J . Erickson , being first duly sworn on oath , deposes
and states as follows :
1 . That she is the City Clerk of the United City of the
Village of Yorkville , Kendall County , Illinois .
2. That on the 2nd day of _November, 1979 , she caused
to be served upon the Bristol -Kendall Fire Protection District a
Notice of Proposed Annexation , a copy of which is attached hereto
and made a part hereof , and that said Notice was mailed to the
Bristol -Kendall Fire Protection District by certified mail ,
return receipt requested , and was duly received by the Bristol -
Kendall Fire Protection District on the 5th day of November
1979 , a copy of said receipt for certified mail being attached
hereto and made a part hereof.
3 . That on the 2nd day of November , 1979 , she caused
to be served upon the Kendall Township Highway Commissioner a
Notice of Proposed Annexation , a copy of which is attached hereto
and made a part hereof, and that said Notice was mailed to the
Kendall Township Highway Commissioner by certified mail , return
receipt requested , and was duly received by the Kendall Township
Highway Commissioner on the _5th day of November 1979
a copy of said receipt for certified mail being attached hereto
and made a part hereof .
4 . That this Affidavit is made in compliance with Section
7-1 - 1 of Chapter 24 , Illinois Revised Statutes .
Goan e rick.on ,4fy it C er
of the United City of the Vil -
] age of Yorkville , Kendall
County , Illinois .
SUBSCRIBED and sworn to before me
this day of 1979 .
KotaP _
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THOMAS W GRANT
ATTORNEY AT LAVA!
P.O.BOX 326,202 NORTH STREET
GRANT 5.WEGNER YORKVILLE,ILLINOIS 60560 TELE: 312-553-0088 (9) .
ASSOCIATE
November l , 1979
T' o : Mr. Leo Scott Bristol-Kendall Fire Protection Dist.
Kendall Township Highway Corrdnissioner c/o Mr. Vernon Ament
Emmanuel Road Fox Road
Yorkvil.l.e, Illinois 60560 Yorkville, Illinois 60560
%1OTi CE OF PROPOSED ANNEXATION
PLEASE TAKE . NOTICE that a Petition for Annexation has been
filed, ,with the City Clerk of the United City of the Village of
Yorkville , Kendal .l 'County , Illinois , requesting -the annexation
of a portion of a ' parcel tf real estate. consisting of approximately
71 acres 6f' land , which land lies generally east of and contiguous
to the corporate boundaries of the United City - of the Village of
Yorkville , Illinois , more accurately described on Exhibit , "A"
attached hereto and made a part hereof .
Approx•imatel � .65 acres of the real estate described on Exhibit
is already within the corporate limits of the United City of
i'l lage' of Y o r k v i Ile and said Petition for Annexation reQuests
try •annexation of the balance, of said real estate consisting of
approximately 6 acres of land ,
Attached hereto and forming a part hereof is a copy of said
Petition for 'An,nexation ,
This Notice is given to you , and each of you , pursuant to
:he provisions of Chapter 24 , Section 7-1 -1 of 'the Illinois Revised
Statutes .
/s/ Luanne ' J . Erickson
City Clerk of the United City
of the Village of Yorkville ,
Kendall County , Illinois .
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p?/-1979
" 08 ,.7v 9 N ®SENDER: Complete items 1,2,and 3. •"
V ^+ Add your address in the"RETURN TO"Race on
reverse.
RECEIPT FOR CERTIFIED MAIL m 1. The following service is requested(check one.)
NO INSURANCE COVERAGE PROVIDED— XX Show to whom and,date delivered............—Q
NOT FOR INTERNATIONAL MAIL ❑ Show to whomt'date and address of delivery.-4
(See.Reverse) ❑ RESTRICTED DLLIVLRY
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TO e0 CO Show to whom and date delivered............—4
Kendall_ �}-Towns}11p_H_i9h 1:1 RESTRICTED DELIVERY,
Cff1R1d s I oRer Show to whom,date,and address of delivery.S_
P.O.;STATE AND ZIP CODE
Yorkville, IL 60560 _ (CONSULT POSTRI ASTER FOR F(.F.S)`i
POSTAGE g 2 ARTICLE ADDRESSED TO: t
-- -------- A Mr. Leo Scott, Kendall Township
,CERTIFIED FEE a 4 Highway Commi ss-ioner, Emmanuel
- -----
SPECIAL DELIVERY t 2 Road, Yorkville, Illinois 60560
x RESTRICTED DELIVERY t 70
,°� --- n 3. ' ARTICLE DESCRIPTION:
SHOW TO WHOM AND t r^ REG157EREDNO. CERTIFIED NO. INSURED NO. ;
_� DATE DELIVERED
w y SHOW TO WHOM,DATE, 77 ( P08 7879 70 p
y rn AND ADDRESS OF t r^
R = W
DEL I') (Always obtain signature of addressee or age t
w SHOW TO WHOM AND - '� I have received the article described above,
z o °C DFLIVERED WITH RESTRICTE t m u �
DELIVERY m SIGNATURE �Addreee Authorizcd a�cn
CD _
SHOW TO WHOM.DATE AND
cc ADDRESS OF DELIVERY WITH t - /✓Jt y
RESTRICTED DELIVERY m 4
C DATE OF DELIV Y PO
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2' S. ADDRESS(Compleri"InfLif uad 1 j1
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E November 2 , 1979 "
per„ m 8. UNABLE TO DELIVER BECAUSE: CLERK'S
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*GPO:1979.288-848
7070- 706
w 0 SENDER: Complete items 1,2,and 3.
RECEIPT FOR CERTIFIED MAIL ndd your address ig the"RETURN TO"space on
° tcvelsc
NO INSURANCE COVERAGE PROVIDED-
1. The�r following service is requested(check one.)
NOT FOR INTERNATIONAL MAIL = JShow to whom and date delivered............—a
(Se-Reverse),
❑ Show to whom,date and address of delivery..._t
8Y11§ ol-Kendal I Fire Pro- ❑ RESTRICTED DELIVERY
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tectl o(1- Di stri Ct Show to whom and date delivered............_a
tTf ffT NOVernon Ament ❑ RESTRICTED DELIVERY.
`FOX Road —._ Show to whom,date,and address of delivery-$—
! 1 I P O.,STATE AND ZIP CODE
Yorkville. I l l i n o i s 60560 !! (CONSULT POSTMASTER FOR FEES)
POSTAGE S L
-- - -- _
' CERTIFIED FEE t ARTICL ADDRESSED TO:
m Bristol-Kendall Fire Protection
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SPECIAL DELIVERY t � District, c/o Mr. Vernon Ament,
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c RESTRICTED DELIVERY t i z Fox Road, Yorkville, IL 60560
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m fA yr SHOW TOWHOM AND t
' 3, ARTICLE DESCRIPTION:
DATE DELIVERED (' A
REGISTERED NO. CERTtF1ED NO, INSURED NO.
f w H SHOW TO WHOM,DATE. 1
AND ADDRESS OF t `I, 08 78797061
R DELIVERY S
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" c W SHOW TO WHOM AND DATE (Always obtainsxgnaiu:'e of addressee or agent
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¢ DELIVERY m I have received the article described above.
19 SHOW 10 WHOM.DATE AND m SIGNA E (]Addressee OAuthorixed a
c ADDRESS OF DELIVERY WITH t C
RESTRICTED DELIVERY
TOTAL POSTAGE AND FEES i C 4• J.-
DAT POSTMARK
POSTMARK OR DATE rr r01 '
ADDRESS(Complete Only If rewested �: t.T
November 2 , 197
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CL m 8. UNADLE.TO DELIVER BECAUSE: It E RKIS'i
• C �J INITIALS..
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.. ' GPO:1979 288848
CERTIFICATION
STATE OF ILLINOIS )
COUNTY OF KENDALL ) SS
CITY OF YORKVILLE )
I , Luanne Erickson , City Clerk of the United City of the
Village of Yorkville , Kendall County , Illinois , do certify that
the foregoing is a true and correct copy of an ordinance duly
passed by the City Council of the United City of the Village of
Yorkville , Kendall County , Illinois , on the 15 day of
1979 , and duly approved by the Mayor thereon on the
15 I� day of
1979,
I do further certify that said Ordinance was passed by the
affirmative vote from a majority of the City Council of the United
City of the Village of Yorkville , Kendall County , Illinois , said
vote having been taken by ayes and nos and entered on the records
of the corporate authorities .
I do further certify that I am the legal custodian of all
papers , contracts , documents and records of said City .
WITNESS , my hand and the official seal of the United City
of the Village of Yorkville , Kendall County , Illinois , this
day of — 1979 . —^--
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