Ordinance 2005-084 'tPPe4DveJ=) -
S�
STATE OF ILLINOIS
) ss
COUNTY OF KENDALL )
ORDINANCE NO.2005 - < Zt�—
AN ORDINANCE REZONING CERTAIN PROPERTY
IN FURTHERANCE OF AN ANNEXATION AGREEMENT
(Bailey Meadows Subdivision, Southeast Corner of Route 47 and Baseline Rd.)
WHEREAS, IRED Baseline LLC, an Illinois Limited Liability Company, is the
legal owner of record of territory described on Exhibit "A" attached hereto .and
incorporated herein (the Territory) and has made application by petition for the
annexation and rezoning of the Property, and
WHEREAS, on July 13 2004 the United City of Yorkville entered into an
Annexation Agreement concerning the Territory with IRED Baseline, LLC, an Illinois
Limited Liability Corporation, pursuant to Ordinance 2004 -40, which has been recorded
as document 200500000012 with the Kendall County Recorder (the "Annexation
Agreement "), and
WHEREAS, said annexation agreement provides that upon the Territory becoming
contiguous to the municipal limits of the City, the City shall enact an ordinance to rezone
the property to R -2 General Residence, R -3 General Residence and B -3 Service Business
Districts pursuant to and as described in Section 2 of the Annexation Agreement, and
WHEREAS, a copy of page four of the Annexation Agreement describing the three
zoning districts is attached hereto, and incorporated herein, and
WHEREAS, the Plan Commission has favorably recommend the rezoning described
herein.
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS UPON MOTION DULUY MADE, SECONDED AND APPROVED BY THE
I
MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT:
1. The City Council approves the recommendation of the Plan Commission and hereby
rezones the property pursuant to the Annexation Agreement (Recorded Document
Number 200500000012) and as described herein, and on the attached copy of page 4 of
the Annexation Agreement.
3: 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 PAUL JAMES
DEAN WOLFER_ MARTY MUNNS
ROSE SPEARS JASON LESLIE .�
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this V Day of C� A.D. 2005.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this U day of A.D. 2005.
ATTEST:
CITY CLERK
i
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
i
I
ey EXHIBIT "A ".
OVERALL PARCEL DESCRIPTION:
LEGAL DESCRIPTION PARCEL 1:
Lot 2 of the Northeast Quarter of Section 5, Township 37 North, Range 7 East of the
Third Principal Meridian, according to the plat of the government survey of said Section
5, (EXCEPT that part described as follows: Be ginnin g at the Southeast corner of said Lot
2; thence West 40 chains to the Southwest corner of said Lot; thence North 38 -1/2 links
to the south bank of a ditch; thence South 89 degrees 30 minutes East, 40 chains to the
Point of Beginning AND EXCEPTING THEREFROM that part of the Northeast Quarter
of Section 5, Township 37 North, Range 7 East of the Third Principal Meridian,
described as follows: Be ginnin g at a point on the north line of said Northeast Quarter,
1961.60 feet east of the Northwest corner of said Northeast Quarter; thence East along
said north line, 667.0 feet; thence South at right angles to said north line, 396.0 feet;
thence West at right angles to the last described course, 667.0 feet; thence North at right
angles to the last described course, 396.0 feet to the Point of Be in the Township
of Bristol, Kendall County, Illinois.
LEGAL DESCRIPTION PARCEL 2:
That part of Lot 2 of the Northwest Quarter of Section 4, Township 37 North, Range 7
East of the Third Principal Meridian, according to the plat of the government survey of
said Section 4, described as follows:
Beginning at the Northwest corner of said section; thence South on the section line, 26.80
chains; thence East parallel with the north line of said section, 14.30 chains; thence in a
northeasterly direction to a point in the north line of said section, 20.67 chains east of the
point of beginning; thence West along the section line to the Point of Be ginnin g, in the
Township of Bristol, Kendall County, Illinois.
ALSO:
That part of Baseline Road Lying North of and Adjoining said Parcels 1 and 2
not heretofore Annexed to the United City of Yorkville, Kendall and Kane
County Illinois.
PREPARED BY: SPACECO, Inc.
PREPARED: May 21, 2004
N:\Projects\3571 \CARD \SURVEY\Legals \OVERALL PARCEL DESCRBTION.doc
is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i)
cooperate with OWNER in the vigorous defense of such action through all proceedings, including
any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the
Illinois Municipal Code to annex the TERRITORY and/or other properties to the CITY so that the
annexation of the TERRITORY to the CITY can be sustained and/or effected.
2. ZONING CLASSIFICATION AND AMENDMENT TO ZONING ORDINANCE..
That contemporaneously with the annexation of said TERRITORY to the CITY, the
corporate authorities shall adopt an ordinance or ordinances amending the provisions of the Zoning
Ordinance of the CITY so as to provide that the Parcels of the TERRITORY be zoned and can be
used for the purposes currently allowed in the following zoning classifications of the CITY'S Zoning
Code:
Parcel 1: Legally described on EXHIBIT "D" attached hereto and made a part hereof
and containing approximately eighty eight and five hundred twenty
three /thousandths (88.523) acres shall be zoned R -2 General Residence
District ,
Parcel 2: Legally described on EXHIBIT "E" attached hereto and made a part hereof
and containing approximately thirty and five hundred twenty
seven/thousandths (30.527) acres shall be zoned R -3 General Residence
District,
Parcel 3: Legally described on EXHIBIT "F" attached hereto and made a part hereof
and containing approximately thirty -one and three hundred eighty
eight/thousandths (31.388) acres shalli5ezonedB3 Service Business District.
OWNER shall be entitled to construct a minimum of one hundred eighty nine (189) single
family detached residences on Parcel 1 and one hundred fifty three (153 )_attached single family
town home units on Parcel 2, and, in its sole discretion, may reduce the number of units constructed.
-4-
Doc:58228/4
EXHIBIT "D"
i
ARE TO BE ZONED R -2:
That part of Lot 2 of the Northeast Quarter of Section 5, Township 37 North, Ran ge 7
East of the Third Principal Meridian, according to the plat of the government survey of
said Section 5, lying west of the following described line:
Commencing at the Southeast corner of said Lot 2; thence on an assumed bearing of
South 87 degrees 33 minutes 01 seconds West along the south line of said lot, 505.35 feet
to a line being 2146 feet east of and parallel with the west line of said Lot 2 for the point
of beginning; thence North 01 degrees 14 minutes 18 seconds West along the last
described line, 192.22 feet; thence North 88 degrees 45 minutes 43 seconds East, 50.00
feet to a line being 2196 feet east of and parallel with the west line of said Lot 2; thence
North 01 degrees 14 minutes 18 seconds West along the last described line, 1201.04 feet
to a line being 396 feet south of and parallel with the north line of said Lot 2; thence
South 89 degrees 08 minutes 11 seconds West along the last described line, 237.02 feet;
thence North 00 degrees 51 minutes 49 along
1961.60 feet east line said
north line, 396.00 feet to a point on said north line being
northwest comer of said Lot 2, and thereby terminating (except that part falling within
the following described parcel: Beginning at the Southeast corner of said Lot 2; thence
South 87 degrees 33 minutes 01 seconds West, 2651.83 feet to the Southwest comer of
said Lot 2; thence North 01 degrees 14 minutes 18 seconds West along said west line,
38.5 links (25.41 feet) to the south bank of a ditch; thence North 88 degrees 05 minutes
57 seconds East, 2651.42 to the point of be in Kendall County, Illinois.
N:\PTojects\ 3571\ CARD\ SURVEY\Legals \Z onin g .l g 1.052104.doc
Revised: May 21, 2004
ExHT. TT ".E ":'
ARE TO BE ZONED R-3
That part of Lot 2 of the Northeast Quarter of Section 5, Township 37 North, Range 7
East of the Third Principal Meridian, according to the plat of the government survey of
said Section 5, together with that part of Lot 2 of the Northwest Quarter of Section 4,
Township 37 North, Range 7 East of the Third Principal Meridian, according to the plat
of the government survey of said Section 4, described as follows:
Beginning at the Southeast comer of said Lot 2 of the Northeast Quarter of Section 5;
thence on an assumed bearing of South 87 degrees 33 minutes 01 seconds West along the
south line of said Lot, 505.35 feet to a line being 2146 feet east of and parallel with the
west line of said Lot 2 of the Northeast Quarter of Section 5; thence North 01 degrees 14
minutes 18 seconds West along the last described line, 192.22 feet; thence North 88
degrees 45 minutes 43 seconds East, 50.00 feet to a line being 2196 feet east of and
parallel with said west line; thence North 01 degrees 14 minutes 18 seconds West along
the last described line, 1201.04 feet to a line being 396 feet south of and parallel with the
north line of said Lot 2 of the Northeast Quarter of Section 5; thence North 89 degrees 08
minutes 11 seconds East along the last described line, 429.98 feet; thence North 00
degrees 51 minutes 49 seconds West along a perpendicular line to said north line, 396.00
feet to a point on said north line being 2628.60 feet east of the northwest corner of said
Lot 2 of the Northeast Quarter of Section 5, thence North 89 degrees 08 minutes 11
seconds East along the last described line, 21.84 feet to the northwest comer of said Lot 2
of the Northwest Quarter of thence of the Northwest Quarter of Section 4�autes 11
seconds along the north line of said Lo
distance of 364.22 feet; thence South 00 degrees 51 minutes 49 seconds East, 973.70 feet
to a point on a line being parallel with the last described north line; thence North 89
degrees 08 minutes 11 seconds East along the last described line, 57.50 feet; thence South
00 degrees 51 minutes 49 seconds East, 801.86 feet to a point on a line being parallel
with the last described north line and passing through the point of be ginnin g; thence
South 89 degrees 08 minutes 11 seconds West along last described line 409.27 feet to the
point of be ginnin g (except that part falling within the following described parcel:
Beginning at the Southeast comer of said Lot 2 of the Northeast Quarter of Section 5;
thence South 87 degrees 33 minutes 01 seconds West, 2651.83 feet to the Southwest
comer of said Lot 2; thence North 01 degrees 14 minutes 18 seconds West along said
west line, 38.5 links (25.41 feet) to the south bank of a ditch; thence North 88 degrees 05
minutes 57 seconds East, 2651.42 to the point of be ginnin g, in Kendall County, Illinois.
N
Revised May 21, 2004
EXHIBIT "F"
AREA TO BE ZONED B -3
That part of Lot 2 of the Northwest Quarter of Section 4, Township 37 North, Range 7
East of the Third Principal Meridian, according to the plat of the government survey of
said Section 5, described as follows:
Commencing at the Southwest comer of said Lot 2; thence on an assumed bearing of
North 89 degrees 08 minutes 11 seconds East along a parallel line with the north line of
j said Lot 2, a distance of 409.27 feet to the point of beginning; thence continuing North 89
degrees 08 minutes 11 seconds East along said parallel line, 534.53 feet to a point being
14.30 chains (943.80 feet) east of said southwest corner, as measured along said parallel
line; thence North 12 degrees 04 minutes 35 seconds East, 1821.83 feet to a point on the
north line of said Lot 2, 20.67 chains (1364.22 feet) east of the norti west comer of said
Lot 2; thence South 89 degrees 08 minutes 11 seconds West along the last described line,
1c feet to a point on a line being perpendicular to the last deE north line;
thence South 00 degrees 51 minutes 49 seconds East, 97330 feet; thence North 89
degrees 08 minutes 11 seconds east perpendicular to last described line 57.50 feet; thence
South 00 degrees 51 minutes 49 seconds perpendicular to last described line, 801.86 feet
to the point of be ginnin g, in Kendall County, Illinois.
N
Revised May 21, 2004