Ordinance 2014-26 20150000162a
DEDID I E
GILLETTE
KENDALL COUNTY, IL
RECORDED: 2/3/2815 1:52 PH
ORDI: 53.88 RHSPS FEE: 18.88
PAGES: 8
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2014-26
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING THE SECOND AMENDMENT TO THE ANNEXATION AGREEMENT
FOR THE YORKVILLE FARMS DEVELOPMENT
(ASHLEY POINTE SUBDIVISION fka PRESTWICK OF YORKVILLE)
The Prestwick of Yorkville Subdivision Annexation Agreement was recorded on December 19,2005 as Document
#200500039118 and the First Amendment to the Annexation Agreement of Yorkville Farms Development—
Prestwick of Yorkville Subdivision was recorded on October 30,2013 as Document#201300022150.
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 27`x'day of May, 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 December 3,2014.
Ordinance No. 2014- 2l
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
APPROVING THE SECOND AMENDMENT TO THE ANNEXATION AGREEMENT
FOR THE YORKVILLE FARMS DEVELOPMENT
(ASHLEY POINTE SUBDIVISION fka PRESTWICK OF YORKVILLE)
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, the City and John and Michelle Stewart (the "Owners"), as successors to the
original owners, entered into a First Amendment to the Annexation Agreement of Yorkville Farms
Development pursuant to Ordinance 2013-56, adopted October 8, 2013: and,
WHEREAS, the Owners, have requested to further amend the Annexation Agreement, to reduce
the security requirements for school improvements and roadways; and,
WHEREAS, the City and Owners desire to proceed as requested in accordance with the terms
and conditions as set forth in the Second Amendment to the Annexation Agreement.
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 and made a part of this Ordinance.
Section 2: That the Second Amendment to the Annexation Agreement of Yorkville Farms
Development and The City of Yorkville (Prestwick of Yorkville Subdivision) attached hereto and made a
part hereof by reference is hereby approved, and, the Mayor and City Clerk are hereby authorized and
directed to execute and deliver same.
Section 3: This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day
of 1v r 12014.) Z&�
CITY CLERK
CARLO COLOSIMO � KEN KOCH
JACKIE MILSCHEWSKI — LARRY KOT
CHRIS FUNKHOUSER JOEL FRIEDERS
ROSE ANN SPEARS _ DIANE TEELING ----�
Ordinance No. 2014-0?�
Page 2
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 1 day of
DECEM BER, 2014.
M R
Ordinance No.2014-12?—(0
Page 3
SECOND AMENDMENT TO THE ANNEXATION AGREEMENT OF
YORKVILLE FARMS DEVELOPMENT AND THE UNITED CITY OF YORKVILLE
(Prestwick of Yorkville Subdivision)
This Second Amendment to the Annexation Agreement of Yorkville Farm Development
(Prestwick of Yorkville Subdivision) (the "Amendment"), is made and entered into this o?7, day
of MAY , 2014, by and between the United City of Yorkville, a Kendall County, Illinois, a
municipal corporation (the "City"), and the owner of record John C. Stewart and Michelle L.
Stewart ("Owner" or"Developer" or"Owner/Developer").
WITNESSETH
WHEREAS, Owner owns fee simple title to the real property which is legally described
in Exhibit A attached hereto, consisting of approximately 190 acres, more or less (hereinafter
"Property"); and,
WHEREAS, on April 26, 2005, the Mayor and City Council (the "Corporate
Authorities") entered into An Annexation Agreement of Yorkville Farms Development (the
"Original Agreement") which provided for the zoning of the Property as R-2 Single Family
Resident District established the required infrastructure and public improvements deemed
necessary to serve the Property when developed, and set forth the required donations, fees and
security to guarantee the completion and maintenanc3e of the public improvements; and,
WHEREAS, on October 8, 2014, the Corporate Authorities approved the First
Amendment to the Annexation Agreement of Yorkville Farms Development and the United City
of Yorkville (Prestwick of Yorkville Subdivision) (the "First Amendment") which among other
things, approved a revised plat of subdivision; established permitted uses for a portion of the
Property to be developed as a school, changed the name of the Subdivision to Ashley Pointe; and
1
revised the security requirements of the Owner/Developer to include security for the school
improvements including roadways; and,
WHEREAS, the Owner/Developer has now requested a reduction of the security
requirements of the Owner/Developer to include security for the school improvements including
roadways; and,
WHEREAS, the Owner/Developer has now requested a reduction of the security
requirement for the roadways which the Corporate Authorities are willing to grant subject to the
terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants, agreements and
conditions herein contained, and by authority of and in accordance with the aforesaid statutes of
the State of Illinois, the parties agree as follows:
Section 1. The foregoing Preambles are hereby adopted as if fully restated herein.
Section 2. Paragraph 4 of the First Amendment amending Paragraph 6 of the Original
Agreement stating that "the Developer will provide any required security for the high school
improvements, including roadways" is further amended by adding the following additional
paragraph:
"The Developer acknowledges its responsibility for all required
security for the high school improvements, including roadways;
provided, however, the City agrees to release to the
Developer/Owner any security for the roadway improvements
related to the Route 126 intersection held by the City upon written
acknowledgement by the Owner/Developer that it understands and
agrees that no certificate of occupancy for the school or any other
structure constructed on the Property shall be issued by the City until
such time as the Owner/Developer has deposited sufficient security
for the roadway improvements related to the Route 126 intersection
with the Illinois Department of Transportation ("IDOT") and the
City has received confirmation from IDOT of the receipt of such
security."
2
Section 3. All other terms and conditions of the Original Agreement as amended by the
First Amendment remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands on this days
of -Dc`CEM � , 2014.
United City of Yorkville,an Illinois municipal
Corporation
f
By: Am " odmi
Mayo
Attest:
City Clerk
John C. Stewart
By: _
Michelle ,Stewart
By:
3
EMBITPA
UNIT ONE:
LOTS 1 THROUGH 10,INCLUSIVE,LOTS 12 THROUGH 41,INCLUSIVE,LOTS 43 THROUGH
50,INCLUSIVE,LOTS 52 THROUGH 63,INCLUSIVE,LOT 65 THROUGH 108,INCLUSIVE,
LOTS 357 THROUGH 363,INCLUSIVE,AND LOT 365 IN PRESTWICK OF YORKVILLE UNIT 1,
BEING A SUBDIVISION OF PART OF SECTIONS 3&10,TOWNSHIP 36 NORTH,RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF
RECORDED OCTOBER 31,2006,AS DOCUMENT NUMBER 200600035287,IN THE UNITED
CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS.
S 'I WE
THAT PART OF THE EAST HALF OF SECTION 10,TOWNSHIP 36 NORTH,RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS:COMMENCING AT THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 10;THENCE
SOUTH 01 DEGREES 32 MINUTES 35 SECONDS EAST ALONG THE WEST LINE OF THE EAST
HALF OF SAID SECTION 10, 1776.14 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH
54 DEGREES 40 MINUTES 34 SECONDS EAST,258.23 FEET; THENCE NORTHEASTERLY
ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 283.00 FEET AND A CHORD BEARING
OF NORTH 38 DEGREES 32 MINUTES 30 SECONDS EAST,AN ARC LENGTH OF 31.79 FEET;
THENCE NORTH 41 DEGREES 45 MINUTES 34 SECONDS EAST,269.09 FEET; THENCE
NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 283.00 FEET AND A
CHORD BEARING OF NORTH 68 DEGREES 21 MINUTES 45 SECONDS EAST,AN ARC
LENGTH OF 262.80 FEET; THENCE SOUTH 85 DEGREES 02 MINUTES 05 SECONDS EAST,0.59
FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 25.00
FEET AND A CHORD BEARING OF NORTH 54 DEGREES 36 MINUTES 04 SECONDS EAST,AN
ARC LENGTH OF 35.22 FEET; THENCE SOUTH 75 DEGREES 45 MINUTES 48 SECONDS EAST,
70.00 FEET; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF
265.00 FEET AND A CHORD BEARING OF SOUTH 14 DEGREES 09 MINUTES 29 SECONDS
WEST,AN ARC LENGTH OF 0.73 FEET; THENCE SOUTH 75 DEGREES 55 MINUTES 35
SECONDS EAST,145.79 FEET, THENCE SOUTH 00 DEGREES 43 MINUTES 57 SECONDS
WEST,61.16 FEET; THENCE SOUTH 29 DEGREES 47 MINUTES 52 SECONDS EAST,37.26
FEET; THENCE NORTH 76 DEGREES 49 MINUTES 03 SECONDS EAST,116.69 FEET; THENCE
SOUTH 81 DEGREES 47 MINUTES 13 SECONDS EAST,153.95 FEET; THENCE SOUTH 63
DEGREES 29 MINUTES 31 SECONDS EAST, 112.02 FEET; THENCE SOUTH 45 DEGREES 59
MINUTES 45 SECONDS EAST, 111.92 FEET; THENCE SOUTH 29 DEGREES 23 MINUTES 15
SECONDS EAST,55.65 FEET; THENCE NORTH 78 DEGREES 20 MINUTES 45 SECONDS EAST,
90.04 FEET; THENCE NORTH 82 DEGREES 41 MINUTES-33 SECONDS EAST,88.65 FEET;
THENCE NORTH 87 DEGREES 00 MINUTES 20 SECONDS EAST,88.65 FEET; THENCE SOUTH
88 DEGREES 40 MINUTES 53 SECONDS EAST,88.65 FEET; THENCE SOUTH 88 DEGREES 00
MINUTES 08 SECONDS EAST,85.86 FEET; THENCE SOUTH 83 DEGREES 43 MINUTES 10
SECONDS EAST,238.13 FEET; THENCE NORTH 04 DEGREES 45 MINUTES 16 SECONDS
EAST, 13.20 FEET; THENCE NORTH 11 DEGREES 14 MINUTES 44 SECONDS EAST,288.09
FEET; THENCE NORTH 62 DEGREES 41 MINUTES 24 SECONDS EAST, 127.61 FEET; THENCE
SOUTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 267.00 FEET AND A
CHORD BEARINCJ,OF SOUTH 22 DEGREES 18 MINUTES 37 SECONDS EAST,AN ARC
LENGTH OF 46.60 FEET; THENCE NORTH 72 DEGREES 41 MINUTES 23 SECONDS EAST,
216.00 FEET; THENCE SOUTH 10 DEGREES 59 MINUTES 02 SECONDS EAST, 106.45 FEET;
THENCE SOUTH 01 DEGREES 40 MINUTES 08 SECONDS WEST,106.45 FEET;THENCE SOUTH
10 DEGREES 43 MINUTES 58 SECONDS WEST,86.80 FEET;THENCE SOUTH 11 DEGREES 14
MINUTES 44 SECONDS WEST,80.00 FEET,THENCE SOUTH 07 DEGREES 24 MINUTES 58.
SECONDS WEST,72.99 FEET;THENCE SOUTH 05 DEGREES 14 MINUTES 55 SECONDS EAST,
71.04 FEET,THENCE SOUTH 18 DEGREES 06 MINUTES 54 SECONDS EAST,71.04 FEET;
THENCE SOUTH 27 DEGREES 45 MINUTES 40 SECONDS EAST,77.42 FEET;THENCE SOUTH
28 DEGREES 15 MINUTES 03 SECONDS EAST,80.00 FEET;THENCE SOUTH 27 DEGREES 34
MINUTES 17 SECONDS EAST,87.88 FEET;THENCE SOUTH 15 DEGREES 28 MINUTES 24
SECONDS EAST,106.01 FEET;THENCE SOUTH 01 DEGREES 42 MINUTES 03 SECONDS EAST,
52.39 FEET;THENCE NORTH 88 DEGREES 28 MINUTES 09 SECONDS EAST,84.51 FEET TO
THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10;THENCE SOUTH 01
DEGREES 32 MINUTES 43 SECONDS EAST,ALONG TEE EAST LINE OF SAID NORTHEAST
QUARTER,74.63 FEET TO THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01 DEGREES 27 MINUTES 24 SECONDS EAST,.ALONG THE EAST LINE OF
THE SOUTHEAST QUARTER OF SAID SECTION 10,1006,36 FEET TO THE SOUTHEAST
CORNER OF LANDS CONVEYED TO ROBERT M.AND ELAINE E.STEWART 13Y DOCUMENT
NO.72-5656; THENCE SOUTH 88 DEGREES 04 MINUTES 01 SECONDS WEST,ALONG THE
SOUTH LINE OF SAID LANDS PER DOCUMENT NO.72-5656,2655.55 FEET TO THE
SOUTHWEST CORNER OF SAID LANDS PER DOCUMENT NO.72-5656,SAID POINT BEING
ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10,AND 1876.91
FEET SOUTHERLY OF(AS MEASURED ALONG SAID WEST LINE)THE POINT OF -
BEGINNING;.THENCE NORTH 01 DEGREES 32 MINUTES 35 SECONDS WEST,ALONG THE
WEST LINE OF THE EAST HALF OF SAID SECTION 10, 1876.91 FEET TO THE POINT OF
BEGINNING,IN THE TOWNSHIP OF KENDALL,KENDALL COUNTY, ?:
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