Ordinance 2005-048 2005) ii a 25830
Filed for Record in
KENDALL COUNTYP ILLINOIS
PAUL ANDERSON
STATE OF ILLINOIS ) 08 -29 -2005 At 11:39 am.
ss ANNEX ORD 63.00
COUNTY OF KENDALL ) RHSP Surcharge
ORDINANCE NO. 2005- 156
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
LINCOLN PRAIJUE YORKVILLE
WHEREAS, it is prudent and in the best interest of the UNITED CITY OF
YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining
to the annexation of real estate described on the Exhibit "A" attached hereto and made a
part hereof entered into by the UNITED CITY OF YORKVILLE; and
WHEREAS, said Annexation Agreement has been drafted and has been considered
by the City Council; and
WHEREAS, the legal owners of record of the territory which is the subject of said
Agreement are ready, willing and able to enter into said Agreement and to perform the
obligations as required hereunder; and
WHEREAS, the statutory procedures provided in 65 ILCS 11- 15.1.1, as amended,
for the execution of said Annexation Agreement has been fully complied with; and
Page 1 of 3
WHEREAS, the property is presently contiguous to the City
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY,
ILLINOIS, AS FOLLOWS;
Section 1: The Mayor and the City Clerk are herewith authorized and directed to
execute, on behalf of the City, an Annexation Agreement concerning the annexation of
the real estate described therein, a copy of which Annexation Agreement is attached
hereto and made a part hereof.
Section 2: This ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
WANDA OHARE JOSEPH BESCO
VALERIE BURD A PAUL JAMES
DEAN WOLFER MARTY MUNNS k
Y
ROSE SPEARS JASON LESLIE LAI�
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this Day of ^( v�o. , A.D. 2005.
MAYOR
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Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this cN)`{ day of f\-A� _ , A.D. 2005.
ATTEST:
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
i
i
Page 3 of 3
ANNEXATION AGREEMENT
WITH
DONALD J. HAMMAN AND CAROL S. HAMMAN
AND
THE UNITED CITY OF YORKVILLE
Concerning
LINCOLN PRAIRIE YORKVILLE
WHEREAS, DONALD J. HAMMAN and CAROL S. HAMMAN,
OWNERS /DEVELOPERS of the property described in Exhibit "A" (hereinafter
"OWNERS/DEVELOPERS ") have requested the United City of Yorkville, Kendall County,
Illinois (hereinafter "CITY ") to annex the said real property into the CITY; and its Plan
Commission has heretofore approved the proposed land uses and the zoning of the same; the
Subject Property is illustrated on the survey of Atwell - Hicks, Inc. dated May 23, 2003, last
revised 5/23/2003, Exhibit "F "; and
WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and
conditions upon which Exhibit real property heretofore described in Exhibit "A" will be annexed
to the CITY in an orderly manner; and further to provide how the real property described in
Exhibit "A" will be developed within the CITY in an orderly manner; and
WHEREAS, the OWNERS /DEVELOPERS and their representatives have discussed the
proposed Annexation of and the development of all the Subject Property and have had public
meeting with the City Council; and prior to the execution hereof, notice was duly published and
a public hearing was held to consider this Agreement, as required by the statutes of the State of
Illinois, in such case made and provided.
NOW THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11 -15
through 65 ILCS 5/11- 15.1 -5, as amended, as follows:
1. ANNEXATION AND ZONING:
The CITY shall adopt an ordinance annexing to the CITY all of the real
property described in the attached Exhibit "A" as designated in the attached Annexation Plat
incorporated herein as Exhibit `B" and the CITY in said Ordinance shall zone the real property
described on Exhibit "A ", subject to the further terms of this Agreement as M -2, General
Manufacturing District, with the specific Special Uses as permitted uses, as illustrated on the
Zoning Exhibit by Schoppe Design Associates dated 1/13/2005, last revised 5/23/2005, Exhibit
"B "; Parcel 6 on Exhibit F may be used as a Public Works Facility.
Said zoning shall allow the uses, size, density, areas, coverage, and maximum building heights as
set forth on Exhibit "C ", M -2, General Manufacturing District, and said real property shall be
Page 1 of 11
used and developed in accordance with 65 ILCS 5/11 -16 -1 through 65 ILCS 5/11 - 15/1 -5, and in
accordance with the CITY Subdivision Control and Zoning Ordinances.
2 The CITY agrees that in consideration of OWNERS/DEVELOPERS voluntarily
annexing the real property described in the attached Exhibit "A" to the CITY and developing the
real p roperty d escribed i n t he a ttached E xhibit " E" a nd C ITY and O WNERS/DEVELOPERS
will each undertake the following duties, covenants, and obligations:
A.
i. OWNERS/DEVELOPERS and CITY which shall provide that upon
approval and execution of this Annexation Agreement by the CITY,
OWNERS/DEVELOPERS shall immediately dedicate for right -of -way
purposes as depicted on the Plat of Dedication of right -of -way
incorporated herein as Exhibit "D ".
ii. Said dedication shall be to the CITY and shall be at no cost to the
CITY.
iii. The internal roadway on the Subject Property shall be designed and
constructed by OWNERS/DEVELOPER to accommodate heavy truck
traffic not exceeding 80,000 pounds to conform with Class H Road
Standards under the Illinois Motor Vehicle Code, including the large
tractor trailers that bring aggregate trucks, and heavy construction
vehicles.
Perimeter Roads: OWNERS/DEVELOPER shall improve Eldemain Road
adjacent to Parcel 5 to Kendall County standards;
OWNERS/DEVELOPER shall improve Corneils Road, Faxon Road, and
Beecher Road to CITY standards at such time as is necessary for the
concurrent use of the Perimeter Roads for development in the Property.
It is contemplated that the 1423 feet of West Beecher adjacent to the
Property will be maintained as a tar and chip road to direct truck traffic
from the Property to Eldamain Road. So long as West Beecher is
maintained as a tar and chip road, OWNER/DEVELOPER will
pay /reimburse the CITY for one half of the maintenance cost for West
Beecher Road.
If OWNER/DEVELOPER develops Perimeter Roads or other off site
improvement, the CITY will enter a recapture agreement or agreements
with OWNER/DEVELOPER to recapture from adjacent owners one half
of the costs of perimeter roads expended by OWNER/DEVELOPER or
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the reasonable sharing of other off site improvement. The improvement
costs shall include engineering and construction costs. T he CITY shall
adopt the recapture ordinance within ninety (90) days following notice
from OWNER/DEVELOPER that the facilities are complete, and upon the
certification of actual costs by OWNER/DEVELOPER's engineer and
approval by the City Engineer. The recapture ordinance shall provide that
OWNER/DEVELOPER to be paid a reasonable amount of interest on the
amount expended in completing the improvements, which interest shall be
calculated from and after the date of completion and acceptance of the
improvement and for payment of all recapture sums due at the time of
annexation and use by any benefited property owner.
B. This Agreement between the CITY and OWNERS/DEVELOPERS
specifically grants authority by OWNERS/DEVELOPERS:
i. Authorize and permit the extension of all CITY, Yorkville - Bristol
Sanitary District, and public utilities including, but not limited to
telephone, electric and gas through said area.
ii. Consent to the rebate of 50% of sales tax revenue to
OWNERS/DEVELOPERS of this development and Annexation
Agreement with the CITY, as to sales tax revenues generated on the
subject property to this Agreement (as described on Exhibit A) , in order
for OWNERS/DEVELOPERS to recover the cost of road and related
public improvements over the areas of OWNERS/DEVELOPERS real
property, including public improvements to perimeter roads and public
offsite improvements required for the development described in Exhibit
«
3. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE: Except
as herein modified or varied, the OWNERS/DEVELOPERS shall comply, in all respects, with
all of the provision of the ordinances of the CITY in the development of the subject real property
herein described except as varied by this Agreement.
In connection with the development of the entire real parcel being annexed, the CITY and
OWNERS/DEVELOPERS agree as follows:
A. The development of the entire real property which is currently being
annexed as described in Exhibits `B" and "E" can be done in phases or units.
B. If at the time of development, the existing CITY dedications, easements
and right -of -way are not adequate to facilitate sewer, water or other utility
extensions, the CITY agrees to exercise its power of eminent domain, if
necessary, to acquire such easements and right -of -ways, including easements
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from the then present terminus of the existing municipal sanitary sewer and water
lines to the boundary line of the Subject Property being developed, and the cost
and expense incurred by the CITY shall be paid by the OWNERS/DEVELOPERS
and added to the rebate amounts described in this Annexation Agreement and
reimbursed to the OWNERS/DEVELOPERS from sales tax revenues generated
on the site.
C. Storm water detention facilities can be constructed in stages with capacity
for storm water detention facilities based upon the need of each phase or unit as
developed taking into account the detention capacity that is required on
OWNERS/DEVELOPERS' real property to serve the parcel.
D. OWNERS/DEVELOPERS shall require in any lease or contract of sale
and license to the batch plant operator or other special use approved on the
Subject Property that all or any sales from the concrete batch plant or other
special use shall be invoiced from the Subject Property and that all sales tax be
reported as received at the Subject Property.
E. ' Except as otherwise provided in this Agreement, no change, modification
or enactment of any ordinance, code or regulation shall be applied during the term
of this Agreement so as to affect the zoning classification of the Subject Property,
the bulk regulations, including, but not limited to setback, yard, height, FAR and
frontage requirement, contribution ordinances and the uses permitted thereunder
by the Zoning Ordinance of the CITY in effect as of the date of this Agreement,
except to the extent BOCA Building Codes, Fire Codes, and like ordinances
which are non - monetary in nature are from time to time amended affecting in a
uniform and non - discriminatory manner all subdivisions within the CITY, which
are not Final Platted, or for which building permits have not been issued. Except
as modified by the terms and provisions of this Agreement, the
OWNERS/DEVELOPERS shall comply in all respect with the conditions and
requirements of all ordinances of the CITY applicable against property similarly
situated a nd z oned w ithin t he C ITY as s uch o rdinance in ay exist from t ime t o
time subsequent to Annexation to the CITY, provided, however, notwithstanding
any other provision of this Agreement, if there are changes to said ordinance,
regulations, or codes which are less restrictive in their applications to similarly
situated and zoned lands, then the OWNERS/DEVELOPERS, at their election,
shall be entitled to like treatment with respect to the Subject Property being
annexed herein.
F. It is understood and agreed that all subsequent amendments of this
Agreement, plats of subdivision, or any development of the Subject Property may
be obtained for all or any portion of the Subject Property without affecting the
rights, duties or obligations of the parties hereunder or their assigns as to the
balance of the Subject Property not included in the afore described actions.
Page 4 of 11
G.
i. It is agreed that other than the existing ordinances dealing with
land cash donations for the schools, parks and fire protection districts; and
fees for building permits, occupancy permits and tap -on fees, transition
fees to the CITY and YORKVILLE School District, and review fees in the
event any portion of the Subject Property is developed for residential
purposes, that no additional fees or donations will be required by the
CITY from OWNERS/DEVELOPERS, except as may be charged on a
non- discriminatory basis to all residents of the CITY.
ii. OWNERS/DEVELOPERS agree on their own b ehalf and that of
any future OWNERS/DEVELOPERS to voluntarily pay school transition
fees as are in effect with the CITY at the time of execution of this
Agreement, as to the portion of the real property that is developed for any
residential purpose.
H.
i. The parties hereto agree that the Subject Property may continue to
be used for existing agricultural uses, until the Subject Property is
developed. In addition thereto, all such agricultural uses thereof shall be
considered legal, non - conforming uses.
ii. The CITY agrees that, after a Final Plat of Subdivision is recorded
and the applicable bonds or letters or credit are delivered to the CITY, the
0 NERS/DEVELOPERS shall not be required to construct all on -site
and off -site improvements prior to issuance of a building permit for
buildings or improvements on any portion of said subdivided land, if
consented to by the City Engineer which consent shall not be
unreasonably withheld. Rather, the OWNERS/DEVELOPERS shall be
allowed to construct the required off -site and on -site improvements
simultaneously with the issuance of building permits for individual lots,
and/or buildings, but it is understood that building permits may not be
issued unless OWNERS/DEVELOPERS have provided adequate road
access (paved roads) to the lots for emergency vehicles; and have provided
sufficient water supplies for fire fighting purposes. However, all off -site
and on -site improvements (except final lift of bituminous asphalt surface
on roads and landscaping), serving any said lot or building shall be
installed by OWNERS/DEVELOPERS and approved by the CITY before
an occupancy permit is issued for said lot or building and the balance of
the required on -site subdivision improvements not required to serve said
lot or building may be constructed in phases, consistent with each
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recorded Final Plat of a phase or unit of said development, as the
development on each unit progresses.
iii. It is understood that the CITY will cooperate with the
OWNERS/DEVELOPERS in the procurement and/or execution of the
necessary permits from the appropriate government bodies to allow the
construction of the street access from the Subject Property for the
development of the Subject Property.
iv. It is specifically understood and agreed that the
OWNERS/DEVELOPERS and their successors and assigns shall have the
right to sell, transfer, mortgage and assign all or any part of the Subject
Property and the improvements thereon to other persons, trusts,
partnerships, firms, or corporation for investment, building, financing,
developing and all such purposes, and that said persons, trusts,
partnerships, firms or corporations shall be entitled to the same rights and
privileges and shall have the same obligations as the
OWNERS/DEVELOPERS have under this Agreement and upon such
transfer, the obligations pertaining to the property transferred or sold shall
be the sole obligations of the transferee, except for any performance bonds
or guaranties posted by OWNERS/DEVELOPERS on any subdivided or
improved property for which an acceptable substitute performance bond or
letter of credit has not been submitted to the CITY.
V. It is understood and agreed by the parties hereto that time is of the
essence of this Agreement, and that all of the parties will make every
reasonable effort to expedite the subject matter hereof; it is further
understood and agreed by the parties that the successful consummation of
this Agreement requires their continued cooperation.
vi. The Covenants and Agreements contained in this Agreement shall
be deemed to be covenants running with the land during the term of this
Agreement and shall insure to the benefit of and be binding upon the heirs,
successors and assigns of the parties hereto, including the CITY, its
corporate authorities and their successors in office and is enforceable by
order of the Court pursuant to its provisions and the applicable Statues of
the State of Illinois.
vii. If any provision of this Agreement is declared invalid or illegal by
a Court of competent jurisdiction, then said provision shall be excised
therefrom and the remainder of the Agreement shall not be affected
thereby.
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4. The OWNERS/DEVELOPERS acknowledge that they must annex the real property
described in Exhibit "A" when development is sought by them or any future
OWNERS/DEVELOPERS to the Y orkville- Bristol S anitary District, and further acknowledge
that annexation to the CITY in no way guarantees sewer service to the entire parcel by the
Sanitary District.
5. BINDING EFFECT AND TERM:
A. This Development and Annexation Agreement shall be binding upon and
inure to the benefit of the parties hereto, and their successors and owners of
record of land which is the subject of this Agreement assignees, lessees, and upon
any successor municipal authorities of said CITY; so long as development is
commenced within a period of twenty years from the date of execution of this
Agreement by the CITY.
B. CITY and OWNERS/DEVELOPERS agree that the terms and conditions
of this Agreement are contingent upon OWNERS/DEVELOPERS and CITY
entering into this Annexation Agreement providing for the enforceability of the
joint obligations effecting Parcel "A" of OWNERS/DEVELOPERS and the real
property described in this Agreement.
6. NOTICES: Any notice required or permitted by the provisions of this
Agreement s hall b e i n writing and s hall b e d eemed e ffectively given o n t he d ate o f p ersonal
delivery or confirmed telefacsimile transmission or on the second business day following deposit
in the U.S. Mail, certified or registered, return receipt requested, postage prepaid, and addressed
to the Parties at the following addresses, or at such other addresses as the Parties may, by notice,
designate:
If to the CITY: City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
(630) 553 -4350
Fax: (630) 553 -7575
With a copy to: John Wyeth
Attorney for the City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
(630) 553 -4350
Fax: (630) 553 -7575
iwveth a,vorkville.il.us
Page 7 of 11
If to Owner: Donald J. Hamman
13351 B Faxon Road
Plano, IL 60545
(630) 554 -9101
Fax: (630) 554 -9181
With a copy to: John P. Duggan
Duggan Law Offices
181 S. Lincolnway
P.O. Box 273
North Aurora, IL 60542 -0273
(630) 264 -7893
Fax: (630) 264 -1310
du2izanipd(a,aol.com
7. ENFORCEABILITY This A greement s hall b e e nforceable i n a ny C ourt
of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity
of law or in equity to secure the performance of the covenants herein contained. In the event any
portion of said Agreement becomes unenforceable due to any changes in Illinois Compiled
Statutes or Court decisions, said enforceable portion of this Agreement shall be excised
therefrom and the remaining portions thereof shall remain in full force and effect.
8. ENACTMENT OF ORDINANCES: The CITY agrees to adopt any
ordinances which are required to give legal effect to the matters contained in this Agreement or
to correct any technical defects which may arise after the execution of this Agreement.
IN W ITNES S W HEREOF, the P arties h ave e xecuted t his A greement o n the d ate first
above written and, by so executing, each of the Parties warrants that it possesses full right and
authority to enter into this Agreement.
CITY OF YORKVILLE, an Illinois Municipal Corporation
I,
4
i
j
By: _
Arthur Prochaska, Jr., Mayor
Attest.
it C rk
Page 8of11
OWNERS/DEVELOPERS
Donald J. Hamman, Carol S. Hamman and
Five H, LLC
Donald J. H a
Carol S. Hamman
Five H, LLC
Donald J. Inman, its Manager
Page 9 of 11
STATE OF ILLINOIS )
SS
COUNTY OF KENDALL )
I, t he u ndesigned, a N otary P ublic i n and f or s aid C ounty, i n t he S tate aforesaid, D O
HEREBY CERTIFY, that Arthur Prochaska, Jr., Mayor of the City of Yorkville and Jackie
Milschewski, City Clerk of said City, personally known to me to be the same persons whose
names are subscribed to the foregoing instrument acknowledged that they signed and delivered
the foregoing instrument as their own free and voluntary act and as the free and voluntary act of
said CITY, for the uses and purposes therein set forth; and the said City Clerk then and there
acknowledged that she, as custodian of the corporate seal of the CITY, did affix the corporate
seal of said CITY to said instrument as her own free and voluntary act and as the free and
voluntary act of said CITY, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this SI day of�'� , 2005.
4'OTrIgCT AL
ir' 91 r
Eliz i r n nuna
Nr „ I llli -2 0
My, ( :, , ✓. �
U -3U -2006 �
Notar ublic
STATE OF ILLINOIS )
SS
COUNTY OF KENDALL )
I, t he u ndesigned, a N otary P ublic i n and f or s aid C ounty, i n t he S tate aforesaid, D O
HEREBY CERTIFY, that Donald J. Hamman, individually and as manager of Five H, LLC, and
Carol S. Hamman, who are personally known to me to be the same persons whose names are
subscribed to the foregoing instrument acknowledged that they signed and delivered the
foregoing instrument as their own free and voluntary act and as the free and voluntary act of said
company, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this R3 day of M , 2005.
<::Z Notary ublic
FNOTA RYOPHL FICIAL SEAL
N P. DUGGAN
BLIC, STATE OF ILLINOIS
SION EXPIRES 2-M-20t3
Page 10 of 11
EXHIBIT LIST
Exhibit "A" Legal Description of the entire parcel, the Subject Property
Exhibit `B" Plat of Annexation
Exhibit "C" M -2 General Manufacturing District Ordinance
Exhibit "D" Plat of Dedication
Exhibit `B" Zoning Exhibit
Exhibit "F" Plat of Survey prepared by Atwell — Hicks, Inc. dated May 23,
2003 last revised 5/23/2003
i
WAMy PaperPort DocumentslHAMMAN COMED ANNEXATION YORKVILLE1Lincoln Prairie Yorkville Annexation Agreement
17MAy2005.doc
Page 11 of 11
EXHIBIT " A "
LEGAL DESCRIPTION OF THE ENTIRE PARCEL,
THE SUBJECT PROPERTY
I
CHICAGO TITLE INSURANCE COMPANY
OWNER'S POLICY (1992)
SCHEDULE A (CONTINUED)�"� 1��r ,N fy?►�
POLICY NO.: 1410 000518963 AU
I
5. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
PARCEL ONE:
THAT PART OF THE SOUTH 1/2 OF SECTION 18 AND THE NORTHWEST 1/4 OF SECTION 19, ALL
IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION
18; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF
SAID SOUTHWEST 1/4, 1030.91 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33 SOUTH
EAST, 3352.25 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, TO A
POINT ON THE NORTH RIGHT -OF -WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY
RAILROAD, 844.76 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST ALONG
SAID NORTH RIGHT -OF -WAY LINE TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF
SAID SECTION 18, 231.91 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE,
852.71 FEET; THENCE NORTH 73 DEGREES 28 MINUTES 36 SECONDS WEST, 514.80 FEET TO
THE SOUTH LINE OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 38 MINUTES 24
SECONDS WEST, ALONG SAID SOUTH LINE OF SAID SOUTHWEST 1/4 1816.32 FEET TO THE
POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS
PARCEL TWO:
THAT PART OF THE SOUTH 1/2 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST
CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION; THENCE NORTH 00 DEGREES 00 MINUTES
54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 1917.41 FEET, TO THE
POINT OF BEGINNING; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST TO A POINT
ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION, 3126.88 FEET; THENCE
CONTINUING ALONG THE LAST DESCRIBED COURSE, 223.50 FEET; THENCE SOUTH 00 DEGREES
08 MINUTES 07 SECONDS EAST, 886.50 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 33
SECONDS WEST, TO A POINT ON SAID WEST LINE, 3352.25 FEET; THENCE NORTH 00 DEGREES
00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE, 886.50 FEET TO THE POINT OF
BEGINNING, IN KENDALL COUNTY, ILLINOIS
PARCEL THREE:
THAT PART OF THE WEST 1/2 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER
OF THE NORTHWEST 1/4 OF SAID SECTION 18; THENCE SOUTH 00 DEGREES 00 MINUTES 54
SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 1929.92 FEET TO THE POINT
OF BEGINNING; THENCE SOUTH 89 DEGREES 01 MINUTES 27 SECONDS EAST, 565.21 FEET;
THENCE SOUTH 59 DEGREES,. 16 MINUTES 25 SECONDS EAST 913.73 FEET; THENCE SOUTH 00
DEGREES 04 MINUTES 45 SECONDS EAST, 191.76 FEET; THENCE SOUTH 23 DEGREES 01
MINUTES 57 SECONDS EAST, 820.55 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 33
SECONDS WEST, TO A POINT ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION,
SAID POINT BEING 1917.41 FEET NORTHERLY OF THE SOUTHWEST CORNER OF SAID SECTION
AS MEASURED ALONG THE WEST LINE OF SAID SECTION, 1671.52 FEET; THENCE NORTH 00
CONTINUED ON NEXT PAGE
1
' THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED.
OPLAlM -
AEM 10/30/03 14:34:45
CHICAGO TITLE INSURANCE COMPANY
OWNER'S POLICY (1992)
SCHEDULE A (CONTINUED)
POLICY NO.: 1410 000518963 AU
( DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE TO THE WEST QUARTER CORNER
OF SAID SECTION, 722.59 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST,
ALONG THE WEST LINE,OF THE NORTHWEST 1/4 OF SAID SECTION, 702.00 FEET TO THE POINT OF
BEGINNING, IN KENDALL COUNTY, ILLINOIS
PARCEL FOUR:
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER
CORNER OF SAID SECTION 18; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, ALONG
THE NORTH AND SOUTH QUARTER LINE, 3437.83 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33
SECONDS EAST, 223.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE LAST
DESCRIBED COURSE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF THE EAST 1/2 OF SAID
SECTION, 1102.80 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 12 SECONDS EAST, ALONG SAID
EAST LINE TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE CHICAGO BURLINGTON AND
QUINCY RAILROAD, 1423.23 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SE60NDS WEST,
ALONG SAID NORTH RIGHT -OF -WAY LINE TO A POINT 231.91 FEET NORTHEASTERLY OF SAID
QUARTER LINE AS MEASURED ALONG SAID NORTH RIGHT -OF -WAY LINE, 1147.75 FEET; THENCE
NORTH 00 DEGREES 08 MINUTES 07 SECONDS WEST, PARALLEL WITH SAID QUARTER LINE, 1731.26
FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS
PARCEL FIVE:
THAT PART OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
I THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF
SAID NORTHWEST 1/4; THENCE NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST, ALONG THE
4 . NORTH LINE OF SAID NORTHWEST 1/4, 1643.82 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 45
SECONDS EAST 1385.95 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 08 SECONDS WEST,
1644.76 FEET TO A POINT ON THE WEST LINE OF SAID NORTHWEST 1/4, 1644.76 FEET; THENCE
NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE, 1339.30 FEET TO
THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS
PARCEL SIX:
THAT PART OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF
SAID NORTHWEST 1/4; THENCE NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST, ALONG THE
NORTH LINE OF SAID NORTHWEST 1/4, 1643.82 FEET TO THE POINT OF BEGINNING; THENCE
NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST, ALONG SAID NORTH LINE TO THE NORTHEAST
CORNER OF SAID NORTHWEST 1/4, 1477.01 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07
SECONDS EAST, ALONG THE EAST LINE OF SAID NORTHWEST 1/4, 926.62 FEET; THENCE SOUTH 89
DEGREES 59 MINUTES 08 SECONDS WEST, 163.69 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES
52 SECONDS EAST, 252.72 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 08 SECONDS EAST,
164.12 FEET TO A POINT ON SAID EAST LINE; THENCE SOUTH-00 DEGREES 08 MINUTES 07
SECONDS EAST, ALONG SAID EAST LINE, 249.67 FET; THENCE SOUTH 89 DEGREES 59 MINUTES 08
SECONDS WEST 1477.90 FEET; THENCE NORTH 00 DEGREES 04 MINUTES 45 SECONDS WEST 1388.90
FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS
THIS POLICY ,VALID ONLY IF SCHEDULE B IS ATTACHED.
OPOLAM
10/30/03 14:34:47
i
EXHIBIT "B"
PLAT OF ANNEXATION
SIETH ENGINEERING CONSULTANTS, INC.
PLAT OF ANNEXATION
TO THE UNITED CITY OF YORKVILLE
RnAf) GRRAPIHHC S CALE
FPO r7
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N
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ROAD net ta IA.
NO ES
—d �ll Z;l --t I plgl PLAT OF ANNEXATION TO THE
ayni of I
� . a : . k
IN T
UNITED CITY OFYORKMULE
and 11t.d.
_�E b. Id g. _ ' �' b —1, —t.d - /// ////// - EXIS77AIG CORPOWE' LIMITS
—t �9I- --d —d ..I —W--
(pan 7w w7m an ar vaRI 2ow zaaxc NAP )
or. vatT. Sum ANNEX
Poe POINT or BEGINNING ANNI 77ON AREA
POC POINT OF COMMENCEMENT
EXHIBIT "C"
M -2 GENERAL MANUFACTURING DISTRICT ORDINANCE
f 10 -813 -1 10 -813-2
CHAPTER 8
MANUFACTURING DISTRICTS
ARTICLE B. M -2 GENERAL MANUFACTURING DISTRICT
SECTION:
10 -813-1: Uses Permitted
10 -813-2: Conditions of Permitted Uses
10 -813-3: Special Uses
10 -813-4: Yard Areas
10 -813-5: Lot Coverage
10 -813-6: Floor Area Ratio
10 -813-7: Signs
I
I
10 -813-1: USES PERMITTED: The following uses are permitted:
Any use permitted in the M -1 District.
Any production, processing, cleaning, servicing, testing, repair or storage of
or products which conforms to the
materials, goods performance standards p p
established for this District'.
Cement block manufacture.
Contractor or construction such as: building, cement, electrical,
refrigeration, masonry building, plumbing, roofing, air conditioning, heating
and ventilating, fuel oil, with a storage of fuel oils, gas and other flammable
products limited to twelve thousand (12,000) gallons per tank, with a total
storage on zoning lot not to exceed fifty thousand (50,000) gallons. (Ord.
1973 -56A, 3- 28 -74)
10 -813-2: CONDITIONS OF PERMITTED USES: All. permitted uses are
subject to the following conditions:
1. See Section 10 -8 -1 of this Title.
City of Yorkville
10 -813-2 10 -813-5
A. All production, processing, cleaning, servicing, testing, repair or
storage of goods, materials or products shall conform with the
performance standards set forth in Section 10 -8 -1 of this Title.
B. Within one hundred fifty feet (150') of a residence district, all
business, production, servicing, processing and storage shall take
place or be within completely enclosed buildings; except, that
storage of materials or products may be open to the sky provided the
storage area is enclosed with a solid wall or fence, as required by
the Zoning Administrator.
However, within such one hundred fifty feet (150') of a residence !
district, off - street loading facilities and off - street parking of motor
vehicles under one and one -half (1' /2) tons' capacity may be
unenclosed, except for such screening of parking and loading
facilities as may be required under the provisions of Chapter 11 of
this Title. (Ord. 1973 -56A, 3- 28 -74)
10 -813-3: SPECIAL USES: The following uses may be allowed by
special use permit in accordance with the provisions of
Section 10 -14 -6 of this Title:
Any use which may be allowed as a special use in the M -1 District.
Railroad repair shops, maintenance buildings and switching yards.
Stone and gravel quarries and crushing, grading, washing and loading
equipment and structures, provided the land is redeveloped by the owner in
accordance with a plan of redevelopment approved with the granting of the
special Use permit and is accompanied by a bond in the amount of the
estimated cost of redevelopment. (Ord. 1973 -56A, 3- 28 -74)
10 -8B -4: YARD AREAS: All yard areas shall be the same as required
in the M -1 Limited Manufacturing District. (Ord. 1973 -56A,
3- 28 -74) '
10 -813-5: LOT COVERAGE: Not more than sixty percent (60 %) of the
area of a lot may be covered by buildings or structures,
including accessory buildings. (Ord. 1973 -56A, 3- 28 -74)
City of Yorkville
�P
10 -813-6 10 -813-7
10 -813-6: FLOOR AREA RATIO: Not more than 0.85. (Ord. 1973 -56A,
3- 28 -74)
10 -813-7: SIGNS: The use of signs in this District shall be subject to the
same regulations as set forth in Section 10 -12 -3 of this Title.
(Ord. 1973 -56A, 3- 28 -74; 1994 Code)
City of Yorkville
EXHIBIT "D"
PLAT OF DEDICATION
SMITH ENGINEERING CONSULTANTS, INC. Mw ��
PLA T OF DEDICA TION
BLNDO P.DT�gfwL D ®W rmf , Is.mlw CGOIEL S RD H.DAMAMV RD
BEECI EP RD AIRD FAXON RD.
BPISTOL TOVWVS"P
1429" L COLNTY, 9LJVOIS
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° zcnw rsw -r 1()FrNFII S ..... '�'T �: _..... / //� m • r.'! •w.m
STALE OF ILLINOIS
LDNNtt OF NENDALL � am m.nmr ° sscwr rsPA r j
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STATE OF IWNOS ) ' / A , y
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.,f .r rmuY,IOY U. DAVSrmnLR• Q � i
q.l.Yr EnE•I.� W j rs �/ R�I�Di PLAT OF DEDICATION
I CORNEILS RD., ELDAMAIN RD.,
BEECHER RD. d FAXON P.D.
1. ANNO ,.,,.,1 ROAD am -raB• / —N BRISTOL BRISTOL TWP., KENDALL COUNTY
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P.D.B. PDI DF BEGNNRIG
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5. ALL RI YO k F-OF DEDICAIW HEREON APE HEREBY - / I
oEnlcATm To NENOA.LL G— ' "• gEfxm er.l vEnT. A,..r F . DED/CA77ON
Y.Rr
i
EXHIBIT " E "
ZONING EXHIBIT
LHNCOLN PRAHRHE
-YORKVHLLE
Yorkville, Illinois
ois
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g DON &CAROL HAMNIAN s� The United City Of Yorkville �P�earcl rrew�LDPYwP /pg
@� �" NEN I EA � FIVE H, LL
C Yorkville, IL 60560 126 �^ eo6GRmeFarmRd.
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t 11 - PLANO, IL 60545 ” += 830. 553.4350
I '+y „- OSWEGO, IL 60543 30)551.3639
93006
EXHIBIT "F"
PLAT OF SURVEY PREPARED BY ATWELL - HICKS, INC.
DATED MAY 23, 2003; LAST REVISED 5/2312003
PLAT OF SURVEY — —
SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE 3RD PRINCIPAL MERIDIAN, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS p
9" a
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LOT 7 ,e4.12•
L a u:em _ Ne9' Se'O5 2
(Pi. GMRNMENI —1)
15ssa5' LOT 3
.y`. :.. serse•Oew LOT 6
f gg
I x _ II
COMMONWEALTH EDISON COMPANY R.O.W. �
'S99'Ot•xxT 553.2,• . '' � • pe ,
RCTI,INlD TRACT
p �w,omn, r v �F - i �Z- xwx uxx ru_L i LOT 4 `X c,w_n ='• - w ,(} #I' ES
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PT. LOT 12
m w� i3 vwj0`"�� 57A2�
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®1m9�B9P�7 0
PT. LOT 3 m LOT 2
-- - -� LOT 4 PT. LOT 1 PT. LOT 1
LOT 5 � p �v x.mo ue�vw000w uux w:xulw.,o�
NOTCE —
msrtaRZ ��o.l1
PLAT OF SURVEY
SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE 3RD PRINCIPAL MERIDIAN, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS
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