Ordinance 2014-33 III!
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UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2014-33
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,APPROVING A SPECIAL USE
FOR A DAYCARE CENTER
(Lighthouse Academy Daycare Center-Lot 6 Kendall Crossing)
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 22nd day of July, 2014
Prepared by and Return to:
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County, Illinois on September 26,2014.
Ordinance No. 2014-
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY,ILLINOIS,APPROVING A SPECIAL USE
FOR A DAYCARE CENTER
(Lighthouse Academy Daycare Center— Lot 6 Kendall Crossing)
WHEREAS, the United City of Yorkville (the "City") is a duly organized and
validly existing non home-rule municipality created in accordance with the Constitution
of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, under section 11-13-1.1 of the Illinois Municipal Code (65 ILCS
511-1-1, et seq.), the Mayor and City Council of the City (collectively, the "Corporate
Authorities") may provide for the classification of special uses it its zoning ordinances;
and,
WHEREAS, pursuant to the United City of Yorkville Zoning Ordinance (the
"Zoning Code"), any person owning or having an interest in property may file an
application to use such land for one or more of the special uses provided for in the zoning
district in which the land is situated; and,
WHEREAS, Willman and Groesch ("the Applicant") for the property located on
Lot 6 of the Kendall Crossing Planned Unit Development, legally described in Exhibit A,
attached to and made a part of this Ordinance (the "Subject Property"); and,
WHEREAS, under the authority of the Zoning Code, the Subject Property is
located in a designated B-2 General Business District, and a daycare center is allowed in
this district under a special use permit; and,
WHEREAS, the Corporate Authorities have received a request from the
Applicant for a special use permit for the Subject Property for a daycare center; and,
WHEREAS, a legal notice of publication regarding a public hearing before the
Plan Commission on the proposed special use permit was duly published in a newspaper
of general circulation in the City, not more than thirty (30) nor less than fifteen (15) days
prior to the public hearing; and,
WHEREAS, notice to property owners within 500 feet of the Subject Property
identified for the special use permit was delivered by certified mail; and,
WHEREAS, the Plan Commission convened and held a public hearing on the 9th
day of July 2014, on the question of the special use application; and,
WHEREAS,the Plan Commission reviewed the standards set forth in Section 10-
14-6(F) of the Zoning Code; and,
Ordinance No.2014- 33
Page 2
WHEREAS, the Plan Commission also considered the following factors set forth
in 10-15-5(C) of the Zoning Code; and,
WHEREAS, upon conclusion of said public hearing, the Plan Commission
recommended the approval of the special use for the Subject Property for a daycare
center.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of
the United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: The above recitals are incorporated herein and made a part of this
Ordinance.
Section 2: The Corporate Authorities hereby approve a special use for the
Subject Property located on Lot 6 of the Kendall Crossing Planned Unit Development as
described on Exhibit A, for use as a daycare facility.
Section 3: That the special use granted herein shall be constructed, operated and
maintained in accordance with the following plans, diagrams and conditions:
A. Geometric/Site Plan prepared by Koziol Engineering Services dated March
27, 2014, attached hereto and made a part hereof as Exhibit B,
B. Elevations prepared by Koziol and Brown Architects and Engineers dated
March 25, 2014, attached hereto and made a part hereof as Exhibit C,
C. Recording of a Mutual and Reciprocal Driveway and Maintenance Easement
for ingress and egress as attached hereto and made a part hereof as Exhibit D,
Section 4: This Ordinance shall be in full force and effect upon its passage,
approval, and publication in pamphlet form as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of , 2014.
CITY CLERK
CARLO COLOSIMO KEN KOCH ` -
JACKIE MILSCHEWSKI LARRY KOT
CHRIS FUNKHOUSER _ JOEL FRIEDERS
ROSE ANN SPEARS DIANE TEELING (�
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of -hZtC7 US j 52014. —A�aA
OR
Ordinance No. 2014-33
Page 3
Exhibit A
Legal Description
THAT PART OF LOT 6 IN KENDALL CROSSING PUD, UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS RECORDED AS DOCUMENT 201400003166 ON MARCH 7, 2014,
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 6;
THENCE SOUTH 69°25'21" WEST, ALONG THE NORTH LINE OF SAID LOT, 276.04 FEET TO
THE NORTHWEST CORNER OF SAID LOT 6; THENCE SOUTH 30°45'15" EAST, ALONG THE
WEST LINE OF SAID LOT, 44.10 FEET; THENCE SOUTHERLY, ALONG THE WET LINE OF
SAID LOT, BEING A CURVE TO THE RIGHT WITH A RADIUS OF 1275.0 FEET AND A CHORD
OF SOUTH 27 035'54" E 140.38 FEET, AN ARC DISTANCE OF 140.45 FEET; THENCE NORTH
69°35'38" EAST, 241.36 FEET TO THE EAST LINE OF SAID LOT 6; THENCE NORTH 20°23'40"
WEST, ALONG THE EAST LINE OF SAID LOT, 151.64 FEET; THENCE NORTHERLY, ALONG
THE EAST LINE OF SAID LOT, BEING A CURVE TO THE RIGHT WITH A RADIUS OF 60.0
FEET AND A CHORD OF NORTH 04 022'05" WEST 33.13 FEET, AN ARC DISTANCE OF 33.57
FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS.
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342742014
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THESE DRAWNGS HAVE BEEN PREPARED BY KOZDLAND BRONM ARCHITECTS AND ENGINEERS po9
DRAWINGS ARE NOT AUTHORIZED FOR SLM3M(TTAL LI ESS ALL PAGES ARE SIGNED AND SEALED
STATE OF ILLINOIS )
SS.
COUNTY OF KENDALL )
MUTUAL AND RECIPROCAL DRIVEWAY
AND MAINTENANCE EASEMENT
FOR INGRESS AND EGRESS PURPOSES
NOW COMES COUNTRYSIDE ENTERPRISES, LLC YORKVILLE ("GRANTOR")
of the United City of Yorkville, County of Kendall, State of Illinois, who in consideration of the
mutual Covenants and Conditions contained herein and as record owner of the real property
described in the attached Exhibit"A"hereby reserve for themselves,their successors and assigns
a mutual and reciprocal ingress and egress driveway easement agreement, and agree to provide
for the joint maintenance of said easement over the real property owned by it as set out and
described in Exhibit`B", driveway easement shall be described as set out in the attached Exhibit
"B" incorporated herein by reference.
GRANTOR, COUNTRYSIDE ENTERPRISES, LLC YORKVILLE, hereby grants a
mutual and reciprocal driveway easement to GRANTEE, WILLMAN AND GROESCH, an
Illinois General Partnership, , and its successors, and assigns a driveway access easement to
connect to the existing driveway of GRANTOR extending onto the easement area described in
Exhibit"B"attached hereto and incorporated herein by reference for the benefit of the real
property described in Exhibit"C" attached hereto and incorporated herein by reference in
1
perpetuity, said driveway providing an egress for the real property described in Exhibit"C"
attached hereto and incorporated herein by reference may be used for exit purposes by
GRANTEE and its successors and assigns. Said driveway easements shall be treated as a
covenant running with the land and be binding on the Successors, and Assigns of GRANTOR
and GRANTEE.
The continued use of said Easement as described in Exhibit`B" is expressly understood
and conditioned upon the written agreement by each GRANTOR and GRANTEE that they shall
contribute their proportionate share of the cost of any materials and labor used in the repair and
maintenance of the driveway described in the attached Exhibit`B".
In the event any respective GRANTEE or GRANTOR fails to contribute their
proportionate share of the maintenance share described hereinabove. Any party may seek
Injunctive Relief or the recording of a Lien against the defaulting Real Property owner to perfect
its remedy to collect for mandatory contributions hereunder with the Kendall County Recorder of
Deeds, and shall have all remedies entitled at law or in equity.
GRANTEE and its assigns as the owner of the real property described in the attached
Exhibit"C" hereof further agrees to name the owner of the real property described in Exhibit
"A"as an additional party insured for liability purposes, insuring GRANTOR, and its assigns
against any claim arising out of the use of said easement described in Exhibit`B"by GRANTEE
or its invitees, employees, agents, or assigns.
2
COUNTRYSIDE ENTERPRISES, LLC YORKVILLE
By:
STATE OF ILLINOIS )
) SS.
COUNTY OF KENDALL )
I, the undersigned, a Notary Public in and for and residing in said County, in the State of Illinois,
DO HEREBY CERTIFY THAT 'personally known to me
to be the same person whose name is subscribed to the foregoing instrument, appeared before me
this day in person, and acknowledged that signed, sealed, and delivered the said
instrument as .. free and voluntary act for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this 5 day of " ,
2014.
Notary Public
� ��::,;� SEAL: - .SRENNAM
:LIC,STATOOF IWNatS
:StONEXPIiS, &12.20iS
b
3
WILLMAN AND GROESCH, an Illinois General Partnership
By:
-T
STATE OF ILLINOIS )
) SS.
COUNTY OF KENDALL )
I, the undersigned, a Notary Public in and for and residing in said County, in the State of Illinois,
DO HEREBY CERTIFY THAT Frank Willman,personally known to me to be the same person
whose name is subscribed to the foregoing instrument, appeared before me this day in person,
and acknowledged that he signed, sealed, and delivered the said instrument as his free and
voluntary act for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this eday of ,®`7 ,
2014.
Notary Pub is
LAUREL L HlUed.,
OFFlCIAL REAL
Wotaty PuWlo-SIS19 otllho�
Prepared by and return to: �
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630-553-9500
4
EXHIBIT"A"
LOT 3 OF THE RESUBDIVISION OF PART OF BLOCK 1, COUNTRYSIDE CENTER UNIT
NO. 1, YORKVILLE, KENDALL COUNTY, ILLINOIS, EXCEPT THAT PART OF SAID
LOT 3 BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST
CORNER OF SAID LOT 3; THENCE SOUTH 17 DEGREES 54 MINUTES 21 SECONDS
EAST ALONG THE EAST LINE OF SAID LOT 3, A DISTANCE OF 266.08 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 70 DEGREES 01 MINUTES 26
SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 138.99
FEET; THENCE NORTH 19 DEGREES 56 MINUTES 36 SECONDS WEST, A DISTANCE
OF 271.85 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 3; THENCE
EASTERLY ALONG SAID NORTH LINE BEING A CURVE TO THE RIGHT HAVING A
RADIUS OF 2625.00 FEET, A DISTANCE OF 148.58 FEET TO THE POINT OF
BEGINNING, ALL IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS.
CROSS EASEMENT 1:
ACCESS EASEMENT OVER AND ACROSS THAT PART OF LOT 3 OF THE
RESUBDIVISION OF PART OF BLOCK 1, COUNTRYSIDE CENTER UNIT NO. 1,
YORKVILLE, KENDALL COUNTY, ILLINOIS, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE EAST LINE OF SAID LOT 3, SAID POINT BEING
8.91 FEET SOUTHERLY OF THE NORTHEAST CORNER OF SAID LOT 3FOR THE
POINT BEGINNING; THENCE.SOUTH 70 DEGREES, 01 MINUTES, 26 SECONDS WEST,
A DISTANCE OF 265.34 FEET; THENCE SOUTH 19 DEGREES, 52 MINUTES, 09
SECONDS EAST,A DISTANCE OF 128.00 FEET; THENCE NORTH 70 DEGREES, 01
MINUTES, 26 SECONDS EAST,A DISTANCE OF 260.95 FEET TO A POINT ON SAID
EAST LINE; THENCE NORTH 17 DEGREES, 54 MINUTES, 24 SECONDS WEST ALONG
SAID EAST LINE A DISTANCE OF 128.08 FEET TO THE POINT OF BEGINNING,ALL IN
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS.
CROSS EASEMENT 2:
ACCESS EASEMENT OVER AND ACROSS THAT PART OF LOT 3 OF THE
RESUBDIVISION OF PART OF BLOCK 1, COUNTRYSIDE CENTER UNIT NO. 1,
YORKVILLE, KENDALL COUNTY, ILLINOIS, BEING DESCRIBED AS FOLLOWS: THE
SOUTHERLY 35 FEET OF SAID LOT 3,ALL IN THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS.
Countryside Enterprises, LLC Parcel
EXHIBIT"B"
LEGAL DESCRIPTION FOR INGRESS/EGRESS EASEMENT ON PARCEL 1 OF LOT 3
(PIN#02-28-104-019) (COUNTRYSIDE ENTERPRISES, LLC YORKVILLE):
The Westerly 22.0 feet(measured perpendicular to the West Line) of the Southerly 40.0 feet
(measured perpendicular to the South Line) of Lot 3 of"Resubdivision of Part of Block 1,
Countryside Center Unit No. 1, Yorkville, Kendall County, Illinois"according to the Plat thereof
recorded April 23, 1979 as Document 79-1982, EXCEPT that part of Lot 3 described as follows:
Beginning at the Northeast Corner of said Lot 3; thence South 17°54'21"East, along the East
Line of said Lot 3, a distance of 266.08 feet to the Southeast Corner of said Lot 3;thence South
70°01'26"West, along the South Line of said Lot 3, a distance of 138.99 feet; thence North
19°56'36"West, a distance of 271.85 feet to a point on the North Line of said Lot 3; thence
Easterly, along said North Line being a curve to the right having a radius of 2625,0 feet, an arc
distance of 148.58 feet to the point of beginning; all in the United City of Yorkville,Kendall
County, Illinois.
Driveway Easement Parcel
EXHIBIT"C'
THAT PART OF LOT 6 IN KENDALL CROSSING PUD,UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS RECORDED AS DOCUMENT 201400003166 ON MARCH
7, 2014, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF
SAID LOT 6; THENCE SOUTH 69 DEGREES 25 MINUTES 21 SECONDS WEST,ALONG
THE NORTH LINE OF SAID LOT, 276.04 FEET TO THE NORTHWEST CORNER OF SAID
LOT 6; THENCE SOUTH 30 DEGREES 45 MINUTES 15 SECONDS EAST,ALONG THE
WEST LINE OF SAID LOT, 44.10 FEET; THENCE SOUTHERLY,ALONG THE WEST
LINE OF SAID LOT, BEING A CURVE TO THE RIGHT WITH A RADIUS OF 1275.0 FEET
AND A CHORD OF SOUTH 27 DEGREES 35 MINUTES 54 SECONDS EAST 140.38 FEET,
AN ARC DISTANCE OF 140.45 FEET; THENCE NORTH 69 DEGREES 35 MINUTES 38
SECONDS EAST, 241.36 FEET TO THE EAST LINE OF SAID LOT 6; THENCE NORTH 20
DEGREES 23 MINUTES 40 SECONDS WEST,ALONG THE EAST LINE OF SAID LOT,
151.64FEET; THENCE NORTHERLY, ALONG THE EAST LINE OF SAID LOT, BEING A
CURVE TO THE RIGHT WITH A RADIUS OF 60.0 FEET AND A CHORD OF NORTH 04
DEGREES 22 MINUTES 05 SECONDS WEST 33.13 FEET, AN ARC DISTANCE OF 33.57
FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS.
Willman and Groesch Parcel