Ordinance 2005-086 200800013494
Filed for Record in
KENDALL COUNM ILLINOIS
RENNETTA S MICKELSON
06 -02- 2008 At 02:26 am.
ORDINANCE 42.00
RHSF Surcharge 1►_ .01-3
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2005-
AN ORDINANCE REZONING CERTAIN PROPERTY
IN FURTHERANCE OF AN ANNEXATION AND PLANNED UNIT
DEVELOPMENT AGREEMENT
(GarritanoBrummel Property — Del Webb / Pulte Area North of Commonwealth
Edison Power Lines)
WHEREAS, MPLIV 10, LLC, MPLIV 20, LLC AND MLH YORKVILLE, LLC are
the legal owners of record of property described on Exhibit "A" attached hereto and
incorporated herein (the Property), and
WHEREAS the owners and, Pulte Home Corporation, developer of the Property,
have made application by petition for the rezoning of the Property and approval of a
Special Use for a Planned Unit Development for a portion of the Property, and
WHEREAS, owners and developers have previously entered into an agreement for
annexation, and zoning of the property, and
WHEREAS, the Yorkville Plan Commission has recommended the rezoning of the
property as follows:
an R -2 Single Family Residence District as a community consisting of
detached single - family residences on approximately 101.18 acres legally
described on Exhibit A attached (the "Northerly Portion ") and depicted
as Neighborhoods 14 and 15 on the Land Plan prepared by SEC Planning
Consultants dated August 1, 2005 (the "Concept Plan ") attached hereto
as Exhibit B; and
CHOI/ 12443418.2
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE
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 as follows:
an R -2 Single Family Residence District as a community consisting
of detached single - family residences on approximately 101.18 acres
legally described on Exhibit A attached (the "Northerly Portion ") and
depicted as Neighborhoods 14 and 15 on the Land Plan prepared by SEC
Planning Consultants dated August 1, 2005 (the "Concept Plan ") attached
hereto as Exhibit B; and
3: This Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
WANDA OHARE CSC` JOSEPH BESCO
VALERIE BURD "'*It PAUL JAMES
DEAN WOLFER MARTY MUNNS
ROSE SPEARS JASON LESLIE �..�
CHOI/ 12443418.2
i
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this \\ Day of A.D. 2005.
MAYO
Passed by Y the City Council of the United City of Yorkville, Kendall County,
Illinois this day of P �_ 4. , A.D. 2
ATTEST: _ >—�
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
CH01/ 12443418.2
LEGAL DESCRIPTION
PARCEL 3
THAT PART OF THE Nffsr m OF sECnCN1 s PART OF SECnoN s. PART OF TIE NORTHEAST x of
SECTON► 8 AND PART of THE NORIHWEST j( OF SECTION 9. ALL IN TOWNSHIP 37 NORTH, RANGE
7 EAST OF rHE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS' BEGINNING AT THE POINT OF
INTERSECTION OF THE CENTER LINE OF GALENA ROAD AS NOW ESTABLISHED ACROSS SAID SECTION
5 WIN THE NEST LINE OF THE EAST X OF SAID SECTION 5; THENCE NORTH 0 DEGREES 02
MINUTES 49 s£CONDS NEST ALONG SAID NEST LINE , 2673.13 FEET TO A POINT 1327.34 FEET
SOUTH of THE NORTHEAST CORNER of THE NORTHWEST Ji OF SAID SECTION 5; THENCE NORTH
89 DEGREE'S 36 MINUTES 30 SECONDS REST 1323.10 FEE T,• THENCE NORTH 0 DEGREES 02
MINUTES 30 SECONDS EAST 2325.56 FEET TO THE NORTH LINE OF SAID SECTION 5; THENCE
SOUTH 89 DECREES 41 MINUTES 05 SECONDS EAST ALONG SAID NORTH LINE 131149 FEET TO THE
NORTHWEST CORNER of THE NORTHEAST m of SAID sECTON 5; THENCE SOUTH Do DEGREES 62
MINUTES 49 SECONDS EAST ALONG THE NEST LINE OF SAID NORTHEAST v 1828.36 FEET; THENCE
NORTH 89 DEGREES as MINUTES EAST 3596.80 FEET TO THE CENTER LINE OF RoB ROY D/rcm;
THENCE SOUTH 0 DEGREES 22 MINUTES 03 SECONDS EAST ALONG SAID CENTER LINE 781.86 FEET,•
THENCE SOUTH 2 DEGREES 43 MINUTES 14 SECONDS NEST ALONG SAID CENTER LINE 300.01 FEET,
THENCE SOUTH 89 DEGREES 40 MINUTES EAST 291.15 FEET. • THENCE SOUTH 0 DEGREES 56
MINUTES 40 SECONDS WEST 240.28 FEET; THENCE NORIN 89 DECREES 14 MINUTES Ol SECONDS
EAST 1428 sl F£Er to THE EAST LINE OF THE NEST X OF SAID SECTON 4. THENCE SOUTH 0
DEGREES 02 MINUTES 57 SECONDS EAST ALONG SAID £AST LINE 991.84 FEET. • THENCE SOUTH 89
DEGREES o9 MINUTES o8 SECONDS NEST 7745.17 FEET TO THE CE'NTE'R LINE OF SAID ROB ROY
DITGR THENCE SOUTH 3 DECREES 28 MINUTES 51 SECONDS NEST ALONG SAID CENTER LINE
137375 FEET; THENCE SOUTH 30 DEGREES 24 MINUTES 07 SECONDS NEST ALONG SAID CENTER
LINE 600.81 FEET TO THE CENTER LINE OF SAID GALENA ROAD,• THENCE NORTH 72 DEGREES 44
MINUTES WEST ALONG SAID CENTER LINE, 3318.05 FEET TO THE POINr of BEGINNING
EXCEPTNG THEREFROM THAT PART OF THE NORTHWEST 1( OF SECTON S. TOWNSHIP 37 NORTH,
RANGE 7 EAST of THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF A LINE EXTENDING EASTERLY
FROM A POINT ON SAID NEST LINE OF THE NoRTHNESi m WHICH POINT IS 1876.07 FEET SOUTH
OF THE NORTHEEST CORNER OF SAID sECTON 5 TO A POINT ON THE NORTH AND SOUTH CENTER
LINE OF SAID SECTON 5 NEAGH POINT 15 1828.85 FEET SOUTH OF SAID NORTH oUARTER Comm
AND EXCEPT A STRIP OF LAND 205.00 FEET MDE IN THE NORTHEAST x of sECTON 5 AND THE
NoRTYNESr X OF SECnON 4 TOWNSHIP 37 NORTH RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN BOUNDED AND DESCRIBED AS FL LO)M COUMENCING AT THE NORTHWEST CORNER OF
THE NORTHEAST ,Y OF SAID skim 8• THENCE SOUrH ALONG TrH_ NORTH AND SOUTH CENTER
LINE OF SAID SECTION & A DISTANCE OF 182885 FEET TO THE NORTH LINE OF PROPERTY
CONVEYED TO THE LASALLE NA TONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED
FEBRUARY to, 1967, atom AS TRUST N0. 35913 RECORDED AS DOCUMENT Na 154368 IN BOOK
15Z PAGE 392 AS SAID NORTH LINE IS MOMUMENTED AND OCCUPIED HEREINAFTER REFERRED TO
AS LINE . FOR THE POINT OF BEGINMNG; THENCE EAST ALONG SAID LINE B. A DISTANCE OF
3596.80 FEET TO THE CENTER LINE OF ROB ROY DlICK' THENCE SOUTIERLY ALONG THE CENTER
LINE OF ROB ROY DITCH FORMING AN ANGLE OF 90 DEGREES 29 MINUTES 57 SECONDS TO THE
RIOHr MTIH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 205.00 FEET TO
THE INTERSECTON MIN A LINE 205.00 F£ET PERPENDICULARLY D1suNr SOUTH of AND PARALLEL
19TH THE AFORESAID LINE 'B;• THENCE WEST ALONIG THE LAST DESCRIBED PARALLEL LINE A
DISTANCE OF 359847 FEET TO THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5; THENCE
NORTH ALONG SAID NORTH AND SOUTH CENTER LINE 20102 FEET TO THE POINT OF BEGINNING,
AND ALSO EXCEPT THAT PART OF THE NEST HALF OF SAID SFCTONI 4 LYING EAST OF THE WEST
RIGHT OF WAY LINE of ILLINOIS Rom 47, IN KENDALL COUNTY ILLINOIS
AND ALSO EXCEPT THAT PAR LYING EAST OF THE NEST LINE OF THE EAST HALF OF SAID
SECTION 5, IN KENDALL COUNTY, ILLINOIS
THAT PART OF THE NORTNWEST 114 OF SECTION 5 AND NORTHEAST 114 OF
sECTION 6 TOWNSHIP 37 NoRym RANGE 7 EAST OF THE THIRD PRINCIPAL
MER►DIAI4 DESCRIBED AS FOLLOIK' BEGINNING AT THE NORTHWEST CORNER OF
SECTION 5; THENCE EAST ALONG THE SECTION LINE 1331.4 FEET, • )HENCE
SOUTHERLY ALONG A LINE FORMING AN ANGLE GF 90 DEGREES 7 MINUTES
MEASURED FROM NEST TD SOUTH FROM THE SECTION LINE, 2321.5 FEET.• THENCE
WESTERLY ALONE A LINE FORMING AN ANGLE OF 89 DECREES 33 MINUTES
MEASURED FROM NORTH TO NEST FROM THE LAST DESCRIBED COURSE,
1328.7 FEET TO THE NEST LINE OF SECT /GN 5; THENCE SOUIXEERLY ALONG
THE SECTION UNE, FORMING AN ANGLE OF 89 DECREES 27 MINUTES; MEASURED
FROM EAST TO SOX FTRow THE LAST DESCRIBED COURSE 146.4 FEET,• THENCE
WESTERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 58 MINUTES,
MEASURED FROM NORTH TO NEST FROM THE SECTION LINE, 1553 FEET,- THENCE
NORTHERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 33 UINUTEB
MEASURED FROM EAST TO NORTH FROM' THE LAST DESCRIBED COURSE 2461.1 FEET
TO THE NORTH LINE Or SECTION 6; THENCE EASTERLY ALONG SAID NORTH LINE
1534 FEET TO THE POINT OF 9FOINNma
EXCE•PTTNG THEREFROM THAT PART OF THE NORTHEAST 114 OF SECTION 6, TOWNSHIP
37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAk LYING SOUTH
AND WEST OF THE FOLLOINNG DESCRIBED LINE.• BEGINNING AT A POINT 1876.07
FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 6. SAID POINT BEING
ON THE NORTH LINE OF THE LAND CONVEYED TO COMMONWEALTH EDISON COMPANY
BY DOCUMENT NO. 73 -2841 (TRACT 1); THENCE NEST ALONG SAID NORTH LINE
113117 FEET TO A POINT OF INTERSECTION MIN A LINE 415.0 Fur
PERPENDICULARLY DISTANT EAST OF AND PARALLEL wTH THE EAST LINE OF THE
LAND CONVEYED TO EARL P. AND EMMA Y KONiCEK BY DEED RECORDED AS DOCUMENT
NO. 136414 IN BOOK 126, PACE 41; THENCE NORTH ON SAID PARALLEL LINE,
ALSO BEING THE EAST LINE OF THE LAND CONVEYED TO SAID COMMONNEAL TH
EDISON COMPANY BY DOCUMENT Na 73 -2841 (TRACT I), 1897.19 FEET To THE
NORTH LINE OF SAID SECTION 6 AND THE POINT of TERMINATION;
AND ALSO EXCEPT THAT PART OF THE NORTHWEST 114 OF sECTON 5 TONNSHiP
37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING soummY
OF A LINE EXTENDED EASTERLY FROM A POINT ON THE NEST LINE OF SAID
NoRrQsr 1/4 of SECTION 5 In°H /CH POINT 15 1S76.o7 FEET SoUrH of THE
NORTHEAST CORNER OF SAID SECTION 5 TO A POINT ON THE NORTH AND SOUTH
CENTER LINE OF SECTION 5, WHICH POINT IS 1828.85 FEET SOUTH OF THE NORTH
OUARTER CORNER OF SAID SECTION 5, ALL IN THE TOWNSHIP of BRISTOL. KENDALL
COUNTY. ILLINOOS
PREPARED FOR PLAT F ANNEXATION
r 1C coNSULTnf'T5,
i 1 -' -- -- - - I SM SMITH EN N INC.I
tsrlysr vwin�soec .xs sumaloia
DEL WEBB COMMUNITIES OF ILLINOIS, INC. — • IWlwn • exaot!���ovroM �w�1 ia• 000�oe - -I
2205 POINT BOULEVARD, SUITE 200, TO THE UNITED CITY OF YORKVILLE no s a:: -m•+"
ELGIN, ILLINOIS 60123
PROJECT CONTACT: LOC477 AI tiigp F�7lE4T
MR. MATTHEW CUDNEY /tI8:JI
PHONE: (847) 841 -3583
FAX: (847) 783 -0875
I ` tl✓d• s� R M A
�W,•nrr
�4Y �
NE CORNER OF THE-, �"•
POB PARCEL 3 (2) NW QUARTERS-37-7 I e ✓~ �` d
NW CORNER 5-37 -7
LL '
BASELfe ROAD
f11CN1 a ,',
� W
- -r 1117.22' 1331.4• T 1319.49' N89 "E ' 'ELF.
\ rr
�North -North Line of the NW 1/4 Una of the NE 1/4 5-37 -7
6 -37 -7
/ W I
v I
0
22 I
T N
'� pP• V N o gy m' I
PJd>�RC>nf m v� %AOR� Z '� I
zo
P P � P � ti 5
• � 16, 3a N
h
1328.18' CALC 1322.46' CAI f:
1133.17
`\a`tpt4
N �\y p.L LFl fjlC ay
PREPARED ON SEPTEMBE Q`IS 2005 • ': s lj +'y
1373.10' S99.1311W iu PREPAR BY: AG . DUY `�G'
03 335"
c CONTACT, Q
w � E PETER J. NNNKER F.E. GENERAL MANAGER OF LAND OEYEI01°NENT �V g ' rn Crr -
(630) 553 -7560 �G W L. OUT 1t\•
CRAIG % �y' 1 1 t
- • CRAIG L DUY P.LS., SENIOR SURSEYGR Q P ILLINOIS PROFESSIONAL L� UR \
(6m) - 7560 POB PARCEL 3 1 No. 3359 EXPIRES:
553 11
) 3 r7' • GF �L \`� \ a" -
( n (
- CENTERLINE GALENA ROAD ONE EX H I B 1 IS.
AND EAST LINE OF WEST HALF
- g SECTION 5-37 -7
NOTES: QP� PLAT OF ANNEXATION
GRAPHIC SCALE This mop nos craoled far use in o annexation exhbil. This mop is not TO THE UNITED CITY OF YORKVILIE
to be used for any construction or stoking purposes without consent from - GALENA ROAD, WEST OF IL. RT. 47
on mo
- eoo 0 7so "a lo o a proper agent of Smith Engineering Consullonle. Inc EAST OF ELDAMAIN
1 1 I )his IS NOT a Plal of Sarvev NO assumptions or agreements .9 to
oenership, use, or Possession con be conveyed from this tloeumant. �aN 114
• No un4enground Improvements have been located unless shoe. and poled. Js s/n _ P0.0i UCf M 11 ,
• No distance should be assumed by scel'oig. s1 Lm '
( IN FEET) This map is veld without original embossed or red colored seal and p¢sa® set rwxrE ssn eo.
I Inch - 500 IL si9m,tws, •lfixed. a te® n; + asp 2 OF 3
a0 np
►,�► o�� a Ya•e► ���
t _ _
Bill
Fro
Bak
773 Vf
li
g
OR
mw wa
O
, alil�t �� ♦ 4
-- -
11
o •