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Ordinance 1972-21A AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, a signed petition has been filed with the City Clerk of the United City of the Village of Yorkville, Kendall County, Illinois (hereinafter called the "City" ) , for the purpose of annexing certain territory hereinafter described, which petition is under oath and which states that the petitioner is and constitutes the sole and only owner of all of the real estate therein described and sought to be annexed and which petition further states that the territory described and sought to be annexed is contiguous to the City; and, WHEREAS, said petition is signed by the owner of record of all of the land within the territory described in said petition and sought to be annexed, and that no electors reside on said property; and, WHEREAS, said territory is not included within the corporate limits of any city, village, incorporated town or other municipality, and is contiguous to the City; and, WHEREAS, an accurate map of said territory sought to be an- nexed has been presented to the City Clerk of the City, along with said petition; and, WHEREAS, said petition is filed incident and pursuant to a certain Pre-Annexation Agreement entered into on the 13th day of July, 1.972 , by and between Minnie 0. Perlstein and the City, said Pre-Annexa- tion Agreement having determined that the property to be annexed would _k , ` be zoned as an Indusvrial District under the provisions of the City' s present "Zoning Ordinance of the Village of Yorkville, " but providing that such property shall only be used for manufacturing purposes in accordance with the proposed provisions of the Planning Recommendations For Suggested Comprehensive Amendments City of Yorkville, Illinois Zoning ordinance, prepared by William S. Lawrence and Associates, Inc. , dated December, 1971 (hereinafter referred to as the Proposed Zoning Ordinance) ; and, WHEREAS, said petition prays that the City Council of the City may favorably consider said petition and by its proper vote, annex said territory to, and incorporate said territory within, the corporate limits of the City, and zone said real estate as set forth in the said Pre-Annexation Agreement hereinabove referred to; NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of the Village of Yorkville, Kendall County, Illinois: SECTION ONE. That the territory described as follows, to wit: That part of the Northwest Quarter of Section 4 and that part of the North- east Quarter of Section 5 , Township 36 North, Range 7 East of the Third Principal Meridian, described by commencing at the northeast corner of the Northeast Quarter of said Section 5; thence South 89° 40 ' 05" West along the north line of said Northeast Quarter, 655 . 52 feet to the center line tangent of Illinois State Route No. 47, extended from the south; thence South 1° 44 ' 07" Fast along said center line tancrent and said center line, 475 .21 feet for a point of beginning; thence South 89° 58 ' 06" East 1812 . 98 feet; thence Sout 9° 09 ' 49" West 1890. 09 feet to a line drawn North 811 52 ' 08" West from the southwest corner of "Crooked Creek Woods" as per the plat thereof recorded in Book 14 of plats at pages 4 and 5 as instrument No. 71-4055 in the Recorder ' s Office of Kendall County, Illinois; thence North 81° 52 ' 08" West along said line 528 . 93 feet to a point which is 907 . 05 feet South 810 52 ' 08" East of th easterly right of way line of said State Highway Route No. 47, said easterly right of way line being 40 . 00 feet normally distant easterly from the center line of said Highway; thence North 10 44 ' 07" West parallel with said easte_rl right of way line 390 . 00 feet; thence North 810 52 ' 08" West 947 . 65 feet to the center line of said State Highway Route No. 47; thence North 10 44 ' 07" West along said center line 1268 . 98 feet to the point of beginning, in Kendal Township, Kendall County, Illinois and containing 58 . 176 acres; together with all of that portion of State Highway Route No. 47 lying west and contiguous t the hereinabove described real estate. 2 _ be and it is hereby annexed to and made a part of the United City of the Village of Yorkville, Kendall County, Illinois. SECTION TWO. That the boundary lines of the United City of the Village of Yorkville, Kendall County, Illinois, be and they are hereby enlarged and extended to include within the limits of the United City of the Village of Yorkville, Kendall County, Illinois, all of that portion of the territory hereinbefore described in Section One, which has previous to the adopti cn of this Ordinance, been and lain out- side of the limits of the United City of the Village of Yorkville, Kendall County, Illinois. SECTION THREE. That all of that portion of the territory hereinabove described in Section One is hereby designated and zoned as an Industrial District under the provisions of the "Zoning Ordinance of the Village of Yorkville, " providing that such property shall only be used for those uses permitted under the "M-1 Limited Manufacturing Dis- trict" of the aforementioned Proposed Zoning Ordinance. SECTION FOUR. In the event of any conflict between the zoning classification set forth above or any other provision in this Ordinance with that certain Pre-Annexation Agreement dated July 13th, 1972, herein- above referred to, such conflict shall be resolved and governed by the terms of the said Pre-Annexation Agreement. SECTION FIVE. That the City Clerk of the United City of the Village of Yorkville, Kendall County, Illinois, shall cause a copy of this Ordinance to be recorded in the Office of the Recorder of Deeds of Kendall County, Illinois, together with an accurate map of the territory hereinabove described in Section One. 3 - SECTION SIX. This Ordinance stall be in full force and effect upon its passage, approval and ten (10) days after its publication, as required by law. PRESENTED TO THE City Council of the United City of the Village of Yorkville, Kendall County, Illinois, the 27th day of July, 1972 . PASSED BY THE City Council of the United City of the Village of Yorkville, Kendall County, Illinois, with at least two-thirds (2/3) of the duly elected, qualified and acting Councilmen voting therefor, this 27th day of July, 1972 . C' y Clerk APPROVED by me as Mayor of the United City of the Village of Yorkville, !.^ndall County, Illinois, this 27th day of July, 1972 . Mayor PUBLISHED in the s n, the 3 day of 1972 . 4 - t� - Cn STATE OF ILLINOIS ) ss, COUNTY OF KENDALL A F F I D A V I T i IN THE MATTER OF THE ANNEXATION TO THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS, OF THE FOLLOWING DESCRIBED PROPERTY: That part of the Northwest Quarter of Section 4 and that part of the Northeast Quarter of Section 5, Township 36 North, Range 7 East of the Third Principal Meridian, described by commencing at the northeast corner of the Northeast Quarter of said Section 5; thence South 89° 40' 05" West along the north line of said Northeast Quarter, 655.52 feet to the center line tangent of Illinois State Route No, 47, extended from the south; thence South 1° 44' 07" Eases along said center line tangent and said center line, 475.21 feet for a point of beginning; thence South 89° 58' 06" East 1812.98 feet; thence South 90 09' 49" West 1890.09 feet to a line drawn North 810 52' 08" West from the southwest corner of "Crooked Creek Woods" as per the plat thereof recorded in Book 14 of plats at pages 4 and 5 as instrument No. 71-4055 in the Recorder' s Office of Kendall County, Illinois; thence North 81° 52' 08" West along said line 528.93 feet to a point which is 907.05 feet South 81° 52' 08" East of the easterly right of way line of said State Highway Route No. 47, said easterly right of way line being 40.00 feet normally distant easterly from the center line of said Highway; thence North 1° 44' 07" West parallel with said easterly right of way line 390.00 feet; thence North 81° 52' 08" West 947.65 feet to the center line of said State Highway Route No. 47; thence North 1° 44' 07" West along said center line 1268.98 feet to the point of beginning, in Kendall Township, Kendall County, Illinois and containing 58.176 acres. 3 JAMES J. BRANDT, being first duly sworn on oath, deposes and says: (1) That he is the duly elected and nowacting City Clerk of the United City of the Village of Yorkville, Kendall County, Illinois. (2) That he served a Notice upon the Trustees for the Bristol- Kendall Fire Protection District by certified mail ten (10) days in advance of the hearing on the Petition for Annexation of the above described parcel of property to the United City of the Village of Yorkville, Illinois. FURTHER affiant saith naught. — :..c%cZ✓ z-L-i� J es J. Brant' t;/City Clerk Sworn to a subscri a6d- fore me this � ay of 1972, STATE OF ILLINOIS SS N0./� _`r / KENDALL COUNTY FILED FOR. RECORD f.E IC, 1972 7� Notary Pub c ywc-6�,7 s MICROFILMED d- INDEXEDQK �: RGCOFlDCR OF, DEEDS TRACTED©f-