Ordinance 2015-43 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2015-43
AN ORDINANCE AUTHORIZING THE SUBORDINATION OF SURFACE RIGHTS
FOR PUBLIC ROAD PURPOSES
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 11"'day of August,2015
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on September 11,2015.
Ordinance No. 2015--43
AN ORDINANCE AUTHORIZING THE SUBORDINATION OF SURFACE RIGHTS
FOR PUBLIC ROAD PURPOSES
WHEREAS, the United City of Yorkville, Kendall County, Illinois (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 desires to subordinate unto the People of the State of Illinois,
Department of Transportation any interest it has in certain easements filed in the Recorder's
office of Kendall County, as set forth in an agreement between the parties, to the right of the
State of Illinois to construct, reconstruct, operate, maintain and control access to FAP 311
(Illinois Route 71) on certain parcels located within the City.
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 document entitled SUBORDINATION OF SURFACE RIGHTS FOR
PUBLIC ROAD PURPOSES, attached hereto and made a part hereof, is hereby approved and
the Mayor and City Clerk are hereby authorized to execute and deliver said document on behalf
of the City.
Section 2. . The Mayor and City Clerk are hereby authorized to execute any and all
additional documents as may be required to implement the terms thereof.
Section 3. This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
Ordinance No. 2015-q3
Page 2
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
day of T' , A.D. 2015.
CITY CLER
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI LARRY KOT
CHRIS FUNKHOUSER JOEL FRIEDERS
DIANE TEELING � BEAVER TARULIS
APPROVED
��E�by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this ( day of -TUG US 1 , A.D. 2015.
-,&, U
MA OR
Attest:
CITY CLERK
Published in pamphlet form:
S E PTE,M 66?- 1 l , 2015
Ordinance No. 2015-�J
Page 3
Route FAP 311 (IL 71) a �
Kendall County
Job No. R-93-019-10 DE0 0 I I
G11 I ETTEz--
Parcel No. 3WM0004 O KENDI-'IL COW t Y, ILL
P.I.N. No. 02-35-151-0132 PM
REMOLD: 9/22/2815 3cL
SUM: 3'.kiB
PAA E S. 4
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
Division of Highways
SUBORDINATION OF SURFACE RIGHTS FOR PUBLIC ROAD PURPOSES
UNITED CITY OF YORKVILLE, a Municipal Corporation, organized and existing under
and by virtue of the laws of the State of Illinois and duly authorized to do business under the
Statutes of the State of Illinois, (Grantor), for and in consideration of the sum of One and
00/100ths Dollars ($1.00) in hand paid, receipt of which is hereby acknowledged, does hereby
subordinate unto the People of the State of Illinois, Department of Transportation, (Grantee), its
interest which has been acquired in, or through, or by easement or easements dated and filed in
the Recorder's office of Kendall County, Illinois, as follows:
Date Easement Date Recorded In
Parcel No. Signed Recorded Book Page Document No.
3W M0004 12/11/91 918737
to the paramount right of the State of Illinois to construct, reconstruct, operate, maintain, and
control access to FAP 311 (IL 71), on the following described land in the County of Kendall and
State of Illinois:
A part of Lot 18 of the Resubdivision of Lot 18 of Ponderosa, Unit Two, a subdivision in Section
35, Township 37 North, Range 7 East of the Third Principal Meridian, per plat recorded
December 11, 1991 and filed in Slot 4628, as Document Number 918737 in the Recorder's
Office of Kendall County, State of Illinois, described as follows using bearings referenced to the
Illinois State Plane Coordinate System, East Zone, (NAD-83, 2007 Adj.):
Commencing at the southeast corner of said Lot 18, said corner also being on the west existing
right of way line of FAP 311 (ILL Route 71); thence North 16 degrees 04 minutes 58 seconds
East, 299.65 feet on said west existing right of way line, to the Point of Beginning; thence North
31 degrees 37 minutes 07 seconds West, 55.82 feet, to the south existing right of way line of
Van Emmon Road; thence South 77 degrees 28 minutes 39 seconds East, 41.36 feet on said
south existing right of way line, to the west existing right of way line of FAP 311 (ILL Route 71);
thence South 16 minutes 04 minutes 58 seconds West, 40.13 feet on said west existing right of
way line, to the Point of Beginning, containing 0.019 acre, more or less, situated in Kendall
County, State of Illinois.
Page 1 of LA 48A Template(Rev.04/11)
(Replaces LA 406A)
Any alteration and/or relocation of said Grantor's facilities hereafter made within or adjacent
to the aforesaid described land, which is required by order of the State in connection with any
exercise by the State of its rights hereunder shall be performed by the Grantor, but the Grantee
shall reimburse the Grantor for the actual reasonable cost of performance.
This subordination of the Grantor's easement or easements shall be effective only as to
such air and surface rights and to such distance below the surface as may reasonably be required
to construct, reconstruct, operate and maintain said highway, to insure adequate and sufficient
lateral and vertical support thereof, and to enable the State to control access thereto, and that
otherwise this subordination shall in no way affect or impair the rights of the Grantor, its
successors or assigns, under and by virtue of said easement or easements, including but not
limited to, the right to construct additional facilities under, over and across said highway; provided,
that the construction of any future facility under, over and across said highway shall be performed
in such a manner as not to interfere with or impair the use of said highway and shall conform to
reasonable rules and regulations as to such construction as may be promulgated by Federal or
State authorities.
It is understood that on an interstate-type freeway, the Grantor will not perform normal
maintenance to its facilities from and through traffic lanes of such highway or any ramps leading
thereto. Emergency maintenance to the Grantor's facilities shall be in accordance with procedures
to be set forth by the Regional Engineer.
Dated this 3 dayof u5 i 2015.
United City of Yorkville
Corp r to Name
By:
ignature
C AKy J. Co�l>,rs�r� MAYok
Print Name and Title
ATTEST:
By:
Signature
not Name and Ytle
Page 2 of LA 48A Template(Rev. 04/11)
(Replaces LA 406A)
State of LLIQC) IS )
) SS.
County of KENiC�,ALL )
This instrument was acknowledged before me on -AUG US? 3 I 2015, by
G J . C-%0L1QSK.I , as MA yo2
and (3E-T-R VJ A P.Q F-NI as C (TY CLERK
of United City of Yorkville.
(SEAL) 14& �{
Notary Pu(0
FICIAL SEAL
My Commission Expires: /oZ//g//(o
A
IS:
[NO:TARYBLIC-STATE OF ILLINOIS
SSION EXPIRES:12/18116
This instrument was prepared by, and after recording, return to:
Illinois Department of Transportation
700 East Norris Drive
Ottawa, IL 61350
Attn: Land Acquisition
Page 3 of LA 48A Template(Rev. 04/11)
(Replaces LA 406A)
PART OF LOT 18 IN RESUB OF LOT 18 PONDEROSA. UNIT TWO
IN SECTION 35, T. 37 N., R. 7 E. OF THE THIRD P.M.
v AN-E9NDi�R_ IS --- ------------
_.ice-�-�-_---�-.�_._(�--159_---�----- —
_ _ - - - - 672+40.13
R —\
- - - - - - � — � ' \
_EXISTING R. O. 50.12
W.W. INE_ `\ �1
----� ° G 20'UTILIY EASEMENT
0 1 I I —EXISTING _ _ -
- - - - - 1 -�- L-r' �_- - - - - - - - - - - - 672+37.57 I o I I -
I o 91.40' I .
IP PROP. RIGHT OF WAY LINE I.
20
_ — — — — — - - EXISTING 50' BUILDINGET
SBACK LINE
672+00.00
50.12'
I I I I (
w
RESUB . OF LOT 18IJ
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LOT 18 e
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EXISTING 5' UTILITY EASEMENT - 1 _ J
1217.13' ( I I
II I
T.C. NO. I3-2009KL-1898.0 SCALE. 1"=50'
PARCEL 3WM0004 0 25' 50' 100' 150'
P
DIANA M. LEE REMISE PLAT
TOTAL HOLDING = 1. 778 AC. ± ROUTE FAP 311 (ILL 71)
TOTAL R. O. W. REOUIRED = 0.019 AC. ± SECTION (1-DN, TS
REMAINDER = 1. 759 AC. ± COUNTY OF KENDALL
JOB NO. R-93-019-10