Ordinance 2015-49 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2015-49
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 27"'day of October, 2015
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County, Illinois on November 23,2015.
Ordinance No. 2015-,q
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 591 (US
34) 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-yq
Page 2
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
day of D +� A.D. 2015.
/&6& xv
CITY CLERK
CARLO COLOSIMO ` KEN KOCH
JACKIE MILSCHEWSKI LARRY KOT
CHRIS FUNKHOUSER JOEL FRIEDERS
DIANE TEELING SEAVER TARULIS
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this (p day of rJOVjEM 6EP, ,A.D. 2015.
MAYOR
Attest:
CITYtCERk
Published in pamphlet form:
1 ()yF—M P%-2 03 , 2015
Ordinance No.2015-IM
Page 3
fi
f
DEBBIE
GILLETTE
KENDALL COUNTY, IL
FAP 591 (US 34) RECORDED: 12/17/2815 11:55 AM
Kendall County SUM 48.88
Job No. R-93-008-06 PAGES: 5
Parcel No. 3UE0042
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),
any interest it may have 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.
3UE0042 07/12/2006 20060020746
to the paramount right of the State of Illinois to construct, reconstruct, operate, maintain, and
control access to FAP Route No. 591 (US 34), on the following described land in the County of
Kendall and State of Illinois:
Page 1 off LA 48A Template(Rev. 04111)
(Replaces LA 406A)
4
PARCEL 3UE0042:
Part of the East Half of Section 22 and the West Half of Section 23, Township 37 North, Range
7 East of the Third Principal Meridian, Kendall County, State of Illinois, described as follows
using bearings and distances referenced to the Illinois State Plane Coordinate System, east
zone datum of 1983 (2007 Adj.):
Commencing at the northeast corner of Lot 65 in Autumn Creek P.U.D. Unit 1, recorded as
Document Number 06-00144 in the Recorder's Office of Kendall County; thence South 39
degrees 50 minutes 13 seconds East, 404.38 feet on the east line of said Lot 65, to the north
existing right of way line of FAP 591 (US 34), and the Point of Beginning; thence North 55
degrees 56 minutes 20 seconds East, 98.60 feet; thence North 47 degrees 19 minutes 46
seconds East, 50.49 feet; thence North 55 degrees 17 minutes 56 seconds East, 412.50 feet;
thence North 58 degrees 09 minutes 41 seconds East, 100.12 feet; thence North 55 degrees 17
minutes 56 seconds East, 301.56 feet to the Point of Curvature for a 5,659.50 foot radius curve
to the left; thence northeasterly 392.38 feet on said curve whose chord bears North 53 degrees
18 minutes 46 seconds East, 392.30 feet to the west line of River Ridge Unit 3, recorded in
Book 12 of Plats on Page 18 as Document No. 148918 in said Recorder's Office; thence South
38 degrees 45 minutes 44 seconds East, 87.05 feet on the west line of said subdivision and
extension thereof, to the original centerline of FAP 591 (US 34)and the Point of Curvature of a
5,729.60 foot radius curve to the right; thence southwesterly 446.81 feet on said curve whose
chord bears South 53 degrees 03 minutes 16 seconds West, 446.70 feet on said centerline;
thence South 55 degrees 17 minutes 19 seconds West, 906.44 feet on said centerline, to the
southeasterly extension of said Lot 65; thence North 39 degrees 50 minutes 13 seconds West,
90.36 feet on the extension of said Lot 65, to the Point of Beginning, containing 2.856 acres, of
which 0.932 acre, more or less (areas based on ground measurements), is within the existing
right of way, situated in Kendall County, State of Illinois.
Page 2 of 5 LA 48A Template(Rev.04111)
(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.
Dated this 160-1�h day of 7-JOVEYAMR- , 2015.
United City of Yorkville
Corporate Narpe
By: /L),/U/
Signature
64,ey S GoL ' AM?,
Print Name and Title
ATTEST:
By: &44—�
ignature
6ET+r IA/499icd, CITY CLER
Print Name and Title
Page 3 of 5 LA 48A Template(Rev. 04111)
(Replaces LA 406A)
A
State of
) SS.
County of J�EMb A-LL )
This instrument was acknowledged before me on t40VF-rK6c2 (o , 2015, by
CAIZy J . C'10LIQSKI , as MAV0A
and 6EcT:H WA APZ4 , as C I-rY C LEIeI<�-
of United City of Yorkville.
(SEAL) (A
=NOTAMRYPUBLIC N,N,� Nota blic
SEAL
RING My Commission Expires:
ATE OF ILLINOIS
PIRE S:12118116
This instrument was prepared by, and after recording, return to:
Illinois Department of Transportation
700 E. Norris Drive
Ottawa, IL 61350
Attn: Land Acquisition
Page 4 of S LA 48A Template(Rev. 04111)
(Replaces LA 406A)
PART OF SECTIONS 15, 22, AND 23 IN
o° T. 37 N., R. 7 E. OF THE THIRD P.M.
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T. C. NO. 13-2009K L-1762. 0
PARCEL 3UE0042
± 53.0'
GRANDE RESERVE (CHICAGO) SCALE: 1"=800'
0 400' 800' 1600' 2400'
ASLI VI, L.L.L.P. PREMISE PLAT
TOTAL HOLDING = 174. T40 AC. t SHEET 1 OF 2
TOTAL R.O.W. REOUIRED = 2. 856 AC. t
AREA IN EXIST. R. O.W. = 0. 932 AC. ROUTE FAP 591 (US 34)
NET R.O.W. REQUIRED = 1. 924 AC. t SECTION (13C & 13)R & T
REMAINDER = 171. 884 AC. t
COUNTY OF KENDALL
JOB NO. R-93-008-06
02-11-14 CHANGED NAME G.W. 03-19-14 CHANGED NAME M.B.