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Ordinance 2015-52 201800001855 DEBBIE GILLETTE RECORDER-KENDALL COUNTY,IL RECORDED: 2/7/2018 02:29 PM ORDI:48.00 RHSPS FEE: 10.00 PAGES: 13 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2015-52 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS APPROVING A SECOND AMENDMENT TO THE FOUNTAINVIEW/DTD, INVESTMENTS,LLC ANNEXATION AGREEMENT Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 27th day of October,2015 Prepared by and Return to: United City of Yorkville 800 Game Farm Road Yorkville,M 60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on July 5,2017. Ordinance No. 61015-5a AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING A SECOND AMENDMENT TO THE FOUNTAINVIEW/DTD INVESTMENTS,LLC ANNEXATION AGREEMENT 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 and DTD Investments, LLC, an Illinois limited liability company (the "Owner/Developer"), entered into an Annexation Agreement on April 24, 2007 (the "Original Agreement") (Ordinance No. 2007-33), regarding property owned by the Owner/Developer which is approximately 4.214 acres (the "Subject Property"); and, WHEREAS, the Owner/Developer thereafter requested the City to amend the Original Agreement in order to address certain set back issues and the construction of sidewalks (the "First Amendment")which the City approved on June 24, 2008 (Ordinance No. 2008-56); and, WHEREAS, Hari Development Yorkville, LLC ("Hari"), as contract purchaser of Lot and Lot 2 of the Subject Property and as authorized by the current owner and successor to the Owner/Developer proposes to subdivide Lot 1 for purposes of development; and, WHEREAS, AM2 Properties, LLC, as the owner of Lot 3 of the Subject Property, has been advised of Hari's proposed development of Lot 1 of the Subject Property and the plan for Lot 2 and AM2 Properties, LLC will join in the Second Amendment; and, WHEREAS, the Mayor and the City Council deem it to be in the best interest of the health, safety and welfare of its citizens to amend the Original Agreement as amended by the First Amendment to permit the development of Lot 1 of the Subject Property (with interim and future development on Lot 2) pursuant to the terms set forth in the Second Amendment to the Fountainview/DTD Investments, LLC, Annexation Agreement in the form attached hereto and made a part hereof and otherwise according to other applicable ordinances and laws. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That the Second Amendment to the Fountainview/DTD Investments, LLC Annexation Agreement, as Amended, is hereby approved and the Mayor and City Clerk are hereby authorized to execute. Section 2: 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 OcTDBER , 2015. CITY CL CARLO COLOSIMO OLye. KEN KOCH �e JACKIE MILSCHEWSKI aTe LARRY KOT Qyo. CHRIS FUNKHOUSER h(,I j JOEL FRIEDERSave _ SEAVER TARULIS � T DIANE TEELING (,t\I P Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this aol b a� day of MO-CH 2frY5. MAY R 2 sTATF OF ILLINOIS SS. COUNTY OF KENDALL A SECOND AMENDMENT TO THE FOUNTAINVIEW/DTD INVESTMENTS,LLC ANNEXATION AGREEMENT,AS AMENDED This Second Amendment to the Fountainview/DTD Investments, IA.C. Annexation Agreement dated April 24, 2007, as amended June 24. 2008. is by and among AM2 Properties IA.C. an Illinois limited liability corripariv. Standard Bank and Trust Company, as trustee under trust agreement dated October 15. 2008 and known as Trust No. 20456, Hari Development Yorkville. U-C. an Illinois liability company (as successors in interest to D"I'D Investments, IA-C. an Illinois limited liability company the Owner/Developer) and the United City of Yorkville, Kendall County. Illinois. an Illinois municipality. PREAMBLES: 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 ofthe State;and,, WHEREAS, the City and DTD Investments. 1-1...C. an Illinois limited liability company (the entered in an Annexation./planned Unit Development Agreement on April 24. 2007 (the "Original Igreeinenf-). regarding property owned by the Owner%`Developer which is approximately 4.214 acres (the-.fiuhjeci Pro,vertiv-); and. WHEREAS. the 0-,viier,/Developer thereafter requested the City to amend the Original A2reemcnt in order to address certain set back Issues and the construction of sidewalks (the -b-irslAinembnew"), and. WHEREAS, after holding a public hearing on the First Amendment as required by lav"'. the Mayor and City Council of' the City approved the First Amendment on June 24. 2008. pursuant to Ordinance 2008-56: and. WHEREAS, Standard Bank and Trust Company. as trustee under trust agreement dated October 15. 2008 and known as Trust No. 20456, is successor in interest as to Lots I and 2 of the Subject Property and Hari Development Yorkville. LLC ("Htiri'), desires to develop Lots I and 21 and has submitted to the City' a Plat of ReSUbdivision of the Subject Property to divide Lot I into Lots 101 and 102: has applied for a special use on the newly created Lot 102 thereby amending the approved Planned Unit Development for the Subject Property: and. WHEREAS. A1412 Properties. LLC is the successor in interest to DTD Investments, as to Lot 3 of the Subject Property; and, WHEREAS, the Mayor and the City Council deem it to be in the best interest of the health. safety and welfare of its citizens to amend the Original Agreement and the First Amendment to permit the development of Lots I and 2 of the Subject Property as proposed by Dari. NOW,THEREFORE, the parties hereto agree as follows: etion 1. The floregoing preambles are hereby adopted as if fully restated in this Section 1. Seciion 2, That the 1611oxving shall he submitted to the Mayor and City Council immediately follo--xing the adoption ofthis Second Amendment: 1(a) A Resolution Approving a Plat of" Resubdivision of the Subject Property, (the -Resub(livisiwl­); and. (h) An Ordinance Approving a Special Use for a gas station and tavern as a part of an Amended Planned t..Init Development (,,the -Specl;i1 7 Section 3. The tennsn[ihisSecond Amendment to the Original Agreementusamended bv the First Amendment shall control all future plans for development and redevelopment of the SubJec| Property after approval by the Mayor and City Council of the Resubdivision and the Special Use unnondingthe approved Planned Dmi1 Development and all [uoune amendments shall not require further amendment to the Original &grccnnoot but ubul| be au6ioo1 solely to 1ho approval of the Mayor and City Council in accordance with the process and proceedings as required bythe City Code. 3e/Y/on 4. Notices or other materials which any party is required to. or may wish to, serve upon any other party in connection with this Agreement shall be in writing and xho|| be dcconcd effectively given on the date of confirmed tele-facsimile transmission, nn the date delivered personally or on the second business day 6m|lo*viog the date sen( by certified or registered mail, return receipt requested, postage prepaid, addressed ,is fb||nwa: To OwnorlDeve/wocr: Buri Development Yorkville. LLC c/oI.cc Fry Companies. Inc. 825N. Cass Avcooc, Suite 289 Westmont. Illinois 6O55q Hari Development Yorkville,, LL[ c/o Sid Ahmoed, Agent |440Maple Avenue. Suite 6/\ Lisle, lL605]2 | � It"ith«/v/9 to: Murk W. Daniel � |7West 733Butterfield Road Unit F Oakbrook Tcnace. Illinois 60181 TO the 067: United City ofYorkville 8U0Game PumoRoad Yorkville. Illinois 60�60 ff'ilh u copT to: Kathleen Field Orr Kathleen Field Orr&Associates 53 West Jackson Blvd. Suite 964 Chicago, Illinois 60604 AM2 Properties, LLC AM2 Properties. LLC c/o James I'viissig, registered agent 1213 19 South State Street. Suite 102 Plainfield, IL 60544 With a cop.v to: Geor(ye Barr George Barr&Associates 2801 Black Road Second Floor Joliet. Illinois 60432 Section 5. In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is field to be invalid by any court of competent ,jurisdiction, said part. portion, clause. word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the City and Developer shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Propertt'- Section 6. This Agreement may be as Frorn time to time in writing with the consent of the parties. pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. I'his Agreement mat be amended by the City and the owner of record ot'a portion of 4 the Property as to provisions applying exclUSiVeIV thereto. without the consent of the owner of other portions of the Property not affected by such amendment. IN WITNESS WHEREOF.the parties hereto have set their hands and scais to this day of 2016. United Cite of orkville, an Illinois municipal corporation By: Mavor 11 fle st: _.._......... City Clerk Hari Develo went orkville. LLC By: _ M ager _..... ....... � An AM-2 Properties. I,LC By: President .Attest: Secretary I.1Nl)ARD BANK.AND IR ISS- COMPANY. as "Trustee under trust aureement dated October 15. 2008 and known as I rust No. 20456 6 t � Name: Thomas Clifford Dated; .._...March 22,,„_, 2016 Title: Senior Vice-President/Senior 'l-rust Officer This instrument is dtgned, sealed and delivered by STANDARD BANK AND TRUST COMPANY,solely in its capacity as Trustee as aforesaid.Any and all duties,obligations and liabilities of the Trustee hereunder are to be performed by said STANDARD E.4"JK AND TRUS-COMPANY only as such Trustee.Any claims.demands and liabilities whic,may at any nme be asserted aeons'the Trustee hereuncer shall be paid,collected o ,a*s`o.o inains; onry tre pr:xry or asses in ;n.e possession of said S- ".DAriD 3A'vK AND TRUST OOYPANY as T:u<_tee as a`oresalc. and the said S-AND4RD 3AN'K AND -RI.ST CCf.1PANY does not underake. nor snail it have any persona' or nc!vldual iiaciity or obignon n' any nawre w^atsoever by virtue of the executicn and deiivery hereof,nor shaa STANDARD SANK AVO TRUST COMPANY, either indrwcuaily or as Trustees, be under any duty or coiigaWn to sequesler the rents, issues, and profits ansing from the property describederty ror any other prop which a may told under the terms and conditions of said Trust AgreemenL 7 IN WITNESS WHEREOF,the parties hereto have set their hands and seals to this day of , 2016. United City of Yorkville, an Illinois municipal corporation By: Mayor Attest: City Clerk Hari Development Yorkville, LLC By: AM2 Properties, LLC STANDARD BANK AND TRUST COMPANY, as Trustee under trust agreement dated October 15, 2008 and known as Trust No.20456 By: Name: Thomas Clifford Dated: 92016 Title: Senior Vice-President/Senior Trust Officer IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this c� day of MA RCS( , 2016. United City of Yorkville, an Illinois municipal corporation By: AW Mayor Attest: City Clerk Hari Development Yorkville, LLC By: AM2 Properties, LLC By: STANDARD BANK AND TRUST COMPANY, as Trustee under trust agreement dated October 15, 2008 and known as Trust No. 20456 By: Name: Thomas Clifford Dated: 92016 Title: Senior Vice-President/Senior Trust Officer EXHIBIT"A" LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4 AND PART OF THE SOUTHEAST QUARTER OF SECTION 5,TOWNSHIP 36 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5;THENCE SOUTH 89 DEGREES,40 M]NU TES,05 SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER 655.52 FEET TO THE TANGENT CENTER LINE OF ILLINOIS STATE ROUTE NO. 47 EXTENDED FROM THE SOUTH;THENCE SOUTH 1 DEGREE,44 MINUTES, 07 SECONDS EAST ALONG SAID TANGENT CENTER LINE AND SAID TANGENT CENTER LINE EXTENDED,3511.16 FEET,THENCE NORTH 89 DEGREES,29 MINUTES,40 SECONDS EAST 548.60 FEET FOR THE POINT OF BEGINNING;THENCE SOUTTI 89 DEGREES,29 MINUTES,40 SECONDS WEST ALONG THE LAST DESCRIBED COURSE 548.60 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO.47 AFORESAID;THENCE SOUTH I DEGREE, 44 MINUTES,07 SECONDS EAST ALONG SAID CENTER LINE 489.07 FEET; THENCE SOUTH 86 DEGREES, I I MR,4UTES,02 SECONDS EAST 57553 FEET TO ALINE DRAWN SOUTH 4 DEGREES,21 MINUTES,07 SECONDS EAST FROM THE POINT OF BEGINNING;THENCE NORTH 4 DEGREES 21 MINUTES,07 SECONDS WEST ALONG SAID LINE 533.53 FEET TO THE POINT OF BEGINNING(EXCEPT THE SOUMERLY140 FEET,AS MEASURED ALONG THE EAST LINE THEREOF AND ALSO EXCEPT THAT PART CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS,DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED MAY 8, 1990 AS DOCUMENT 90-2884)IN THE TOWNSHIP OF KENDALL,KENDALL COUNTY,ILLINOIS.