Ordinance 2017-10 I CBB I E GILLETTE
RECORDER - KENDALL COUNTY, IL
RECORDED: 2/29/2818 92:98 PM
ORDI: 46.80 RHSPS FEE: 19.80
PAGES: 11
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2017-10
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
APPROVING THE SECOND AMENDMENT TO THE ANNEXATION AGREEMENT
FOR THE PROPERTY AT THE NORTHEAST CORNER OF
ILLINOIS ROUTE 34 AND CANNONBALL TRAIL
(CEDARHURST OF YORKVILLE)
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 28d'day of February,2017
Prepared by and Return to:
United City of Yorkville
800 Game Farm Road
Yorkville,IL 60560
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on January 19,2018.
Ordinance No.2017- / 0
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
APPROVING THE SECOND AMENDMENT TO THE ANNEXATION AGREEMENT
FOR THE PROPERTY AT THE NORTHEAST CORNER OF ILLINOIS ROUTE 34
AND CANNONBALL TRAIL
(CEDARHURST OF YORKVILLE)
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 of the State; and,
WHEREAS,First National Bank of Ottawa(the "Owner")is the current owner of certain real
property comprising approximately 6.14 acres located at the northeast corner of Illinois Highway 34 and
Cannonball Trail (the "Subject Property"); and,
WHEREAS,the Subject Property was annexed pursuant to a PLANNED UNIT
DEVELOPMENT AND ANNEXATION AGREEMENT(the "Original Agreement")dated August 10,
2000,recorded as Document#200000012562, entered into between the City and Old Kent Bank,
successor trustee to Merchants National Bank of Aurora, Trustee under Trust#5085, Arthur Sheridan
beneficiary thereof and Courthouse Square, LLC (the "Former Developer"); and,
WHEREAS,the City and Former Developer entered into a First Amendment to the Original
Agreement which was dated September 9, 2008, approved by Ordinance No. 2008-66 dated July 22,
2008,recorded as Document#200800020540,that amended the approved Planned Unit Development
with various exceptions and additions; and,
WHEREAS, Cedarhurst of Yorkville Real Estate, LLC (the "Developer") is the contract
purchaser of the Subject Property and desires to amend the terms of the Original Agreement as amended
and seek approval of an amended Final Plat for a Planned Unit Development for development of the
Subject Property for an assisted living and memory care facility; and,
WHEREAS,the development by the Developer requires an amendment of the Original
Agreement and the repeal of the First Amendment as it applies to the Subject Property including the
amendment of the planned unit development for the Subject Property; and,
WHEREAS,the Corporate Authorities conducted a public hearing on the amendment of the
Original Agreement,repealing of the First Amendment and approving of a Second Amendment on
February 14, 2017.
WHEREAS,all appropriate notices due to be given pursuant to applicable provisions of the
Illinois Compiled Statutes and the City Code regarding matters in the Second Agreement have been
given.
WHEREAS,the City and Developer desire to proceed as requested in accordance with the terms
and conditions as set forth in the Second Amendment to the Annexation Agreement.
Ordinance No.2017- 10
Page 2
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 above recitals are incorporated and made a part of this Ordinance.
Section 2: That the SECOND AMENDMENT TO ANANNEXATIONAGREEMENT BYAND
BETWEEN THE UNITED CITY OF YORKVILLE, ILLINOIS AND CEDARHURST OF YORKVILLE
REAL ESTATE, LLC
(Cedarhurst of Yorkville formally known as Cannonball Trails), attached hereto and made a part hereof
by reference as Exhibit A be and is hereby approved and the Mayor and City Clerk are hereby
authorized and directed to execute and deliver said Second Amendment.
Section 3: This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
day of V- , 2017.
City Clerk
t
CARLO COLOSIMO y KEN KOCH
JACKIE MILSCHEWSKI JOEL FRIEDERS
CHRIS FUNKHOUSER DIANE TEELING
SEAVER TARULIS
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 7J
day of�O VE ryt 6E{{ , 2017.
Mayor
Ordinance No.2017- O
Page 3
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
SECOND AMENDMENT TO AN ANNEXATION AGREEMENT BY AND
BETWEEN THE UNITED CITY OF YORKVILLE, ILLINOIS AND
CEDARHURST OF YORKVILLE REAL ESTATE,LLC
(Cedarhurst of Yorkville formally known as Cannonball Trails)
thi dis SecqW Amendment to an Annexation Agreement 's made and entered into
ay o2017 by and between the United City of Yorkville, Illinois, a
municipal corporation (the "City") and Cedarhurst of Yorkville Real Estate,LLC. an
Illinois Limited Liability Company(the "Developer")
WITNESSETH
WHEREAS,First National Bank of Ottawa(the "Owner")is the current owner of
certain real property comprising approximately 6.14 acres located at the northeast corner
of Illinois Highway 34 and Cannonball Trail; and,
WHEREAS,that real property is legally described in Exhibit A attached hereto
and made a part hereof by reference and is hereinafter described as the "Subject
Property"; and,
WHEREAS,the Subject Property was annexed pursuant to a PLANNED UNIT
DEVELOPMENT AND ANNEXATION AGREEMENT(the "Original Agreement")
dated August 10, 2000 entered into between the City and Old Kent Bank, successor
trustee to Merchants National Bank of Aurora, Trustee under Trust#5085, Arthur
Sheridan beneficiary thereof and Courthouse Square, LLC (the "Former Developer");
and,
WHEREAS,pursuant to the Original agreement the subject Property was
annexed into the City and zoned into the O Office District with a Planned Unit
Development plan; and,
WHEREAS,the City and the Former Developer entered in to a First Amendment
to the Original Agreement which was dated September 9, 2008, approved by Ordinance
No. 2008-66 dated July 22, 2008 that amended the approved Planned Unit Development
with various exceptions and additions; and,
WHEREAS,the City pursuant to that First Amendment rezoned the Subject
Property into the Planned Unit Development(PUD)zone by approval of Ordinance 2008-
67 approved July 22,2008; and,
WHEREAS,Developer is the contract purchaser of the Subject Property and
desires to amend the terms of the Original Agreement as amended and seek approval of
an amended Final Plat for a Planned Unit Development for development of the Subject
Property with the underlying B-2 Retail Commerce Business District zoning; and,
WHEREAS,the development by the Developer requires an amendment of the
Original Agreement as amended and the repeal of the First Amendment as it applies to
the Subject Property; and,
WHEREAS,the Developer has filed application for an amended planned unit
development approval for the Property; and,
WHEREAS, it is the desire of the City and Developer that the development and
use of the Property proceed in accordance with the terms and provisions of this
Agreement, and be subject to the applicable ordinances, codes and regulations of the
City; and,
WHEREAS,public hearings, as required by law, have been duly held by the
appropriate hearing bodies of the City upon the matters covered by this Agreement. The
Planning and Zoning Commission conducted a public hearing on February 8, 2017
regarding the requested amended planned unit development, and the Corporate
Authorities conducted the public hearing on this Agreement on February 14, 2017.
WHEREAS, all appropriate notices due to be given pursuant to applicable
provisions of the Illinois Compiled Statutes and the City Code regarding matters in this
Agreement have been given.
WHEREAS,The Corporate Authorities, after due and careful consideration,have
concluded that the execution of this Agreement and the development of the Property as
provided for herein, will inure to the benefit and improvement of the City in that it will
increase the taxable value of the real property within its corporate limits,promote the
sound planning and development of the City and will otherwise enhance and promote the
general welfare of the people of the City.
NOW,THEREFORE,in consideration of the foregoing mutual covenants,
agreements and conditions herein set forth,the City and the Developer agree as follows:
1. This Agreement is made pursuant to and in accordance with the provisions of
Section 11-15.1-1 of the Illinois Municipal Code(65 ILCS 5/11-15.1-1 et seq.) and the
City ordinances; as amended from time to time. The above whereas clauses are hereby
made a part of this Agreement by incorporation into this paragraph.
2. The City and Developer agree that the First Amendment as it applied to the
Subject Property is hereby repealed in its entirety.
3. Zoning.
A. That paragraph 2 of the Original Agreement is hereby repealed.
B. The Subject Property has been classified by the City into the B-2 Retail
Commerce Business District in accordance with the United City of Yorkville Zoning
Ordinance and the Developer shall have the right to develop the Subject Property
pursuant to said Zoning Ordinance, the City's subdivision Ordinance and all other
ordinances applicable and in effect at the time of the development of the Subject
Property.
C. During the term of the Original Agreement, in addition to the uses permitted in
the City's B-2 Retail Commerce Business District and specifically the uses of assisted
living, memory care, adult day care and medical offices; the uses permitted in the City's
B-I Local Business District, and O Office District shall also be permitted on the Subject
Property.
4. That the City's Building Code as adopted in Section 8-2-1 of the Yorkville City
Code, which is the 2009 edition of the International Building Code as amended and
adopted at the date of approval of this Agreement, shall be the Building Code applied by
the City for construction on the Subject Property until the termination of this Agreement.
If during the term of this Agreement, the Building Code is modified to impose less
restrictive requirements, such requirements shall inure to the benefit of the Developer.
5. That paragraph 3B of the Original Agreement is hereby repealed with an
acknowledgement by the Yorkville-Bristol Sanitary District that it does have adequate
sanitary sewer capacity to serve the Subject Property.
6. That paragraph 4(B), 4(C), 5 and 7 are hereby repealed with the
acknowledgment that the City will not seek any recapture for infrastructure or roadway
improvements, including the Cannonball Trail roadway improvements.
7. That paragraph 6 of the Original Agreement is repealed and any exception to
the City's sign regulations shall be included in the revised Planned Unit Development
plan approval below in Section 8; and,
8. That paragraph 8 of the Original Agreement is repealed. The City and
Developer agree that the Final Planned Unit Development Plat, attached hereto and made
a part hereof as Exhibit B, shall be approved by the City immediately after the approval
of this Second Amendment. Said approval shall include the following exceptions to the
Yorkville City Code:
A. Relief from Section 10-20-9 of the Zoning Ordinance regarding free-standing
monument signage to permit three(3) monument signs on the property sized
up to 15' wide and up to 10' tall which exceeds the permitted number, overall
size and location for such signage on business zoned properties, subject to the
signs being constructed in phases; and
B. Relief from Section 10-20-9-B of the Zoning Ordinance regarding temporary
signage to permit a temporary development sign on the property with an
overall size of 6' x 8' which exceeds the maximum overall size and height for
such signage on business zoned properties; and
C. A sidewalk connection shall be provided on the Subject Property which
connects the driveway located immediately north of the proposed building to
the future northern access off of Cannonball Trail.
9. That paragraph 11 of the Original Agreement is amended by providing that the
copy of the notice to the City shall go to:
Kathleen Field Orr, City Attorney
Kathleen Field Orr& Associates
53 West Jackson Blvd. Suite 964
Chicago, Illinois 60604
and notice to the Developer:
Cedarhurst of Yorkville Real Estate,LLC
120 South Central Avenue, Suite 1050
Clayton, Missouri 63105
with a copy to
Jordan Dorsey
Cedarhurst of Yorkville Real Estate, LLC
120 South Central Avenue, Suite 1050
Clayton, Missouri 63105
10. That paragraphs 14 and 15 of the Original Agreement are repealed.
11. Severability. In the event any part or portion of this Agreement, or any
provision, clause, word,or designation of this Agreement is held 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 Property.
12. Agreement. This Agreement may be amended from time to time in writing
with the consent of the parries,pursuant to applicable provisions of the City Code and
Illinois Compiled Statutes. This Agreement may be amended by the City and the owner
of record of a portion of the Property as to provisions applying exclusively thereto,
without the consent of the owner of other portions of the Property not affected by such
amendment.
13: This Second Amendment to the Original Annexation Agreement shall be
binding upon and inure to the benefit of the parties hereto and their successors and
owners of record of land that is subject of this Agreement, assignees, and lessees so long
as development is commenced before October 1, 2028.
IN WITNESS WHEREOF,the City and Developer have set their hands to this
Agreement as of the day and year first above written.
DEVELOP R:
Cedarhurs of York Il Real Estat , C.
By:
Its:
And
By:
Its:
CITY:
United City f Yorkville
By:
Gary lin ,M or
Attest
By: -
Beth Warren, City Clerk
EXHIBIT A
Legal Description of Subject Property
THAT PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER,-
THENCE
UARTER;THENCE SOUTH 88 DEGREES 41 MINUTES 11 SECONDS WEST ALONG THE
SOUTH LINE OF OAK KNOLLS SUBDIVISION, 317.68 FEET TO THE CENTER
LINE OF CANNONBALL TRAIL; THENCE SOUTH 21 DEGREES 49 MINUTES 35
SECONDS WEST ALONG SAID CENTER LINE 219.07 FEET TO THE
NORTHERLY LINE OF A TRACT CONVEYED TO KENDALL COUNTY BY
DOCUMENT NO 907978; THENCE SOUTH 68 DEGREES 10 MINUTES 25
SECONDS EAST ALONG SAID NORTH LINE 35.0 FEET TO THE EAST LINE OF
CANNONBALL TRAIL; THENCE SOUTH 18 DEGREES 56 MINUTES 6 SECONDS
WEST ALONG SAID EAST LINE 198.25 FEET TO AN ANGLE POINT; THENCE
SOUTH 21 DEGREES 49 MINUTES 35 SECONDS WEST ALONG SAID EAST LINE
185.73 FEET TO AN ANGLE POINT; THENCE SOUTH 45 DEGREES, 10 MINUTES
25 SECONDS EAST ALONG SAID EAST LINE 73.20 FEET TO THE NORTHERLY
LINE OF U.S. ROUTE NO. 34; THENCE EASTERLY ALONG SAID NORTHERLY
LINE, BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 7,538.42
FEET, AN ARC DISTANCE OF 462.40 FEET TO THE EAST LINE OF SAID
NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 49 MINUTES 35
SECONDS WEST ALONG SAID EAST LINE 697.74 FEET TO THE POINT OF
BEGINNING IN BRISTOL TOWNSHIP,KENDALL COUNTY, ILLINOIS.
(PERMANENT INDEX NUMBER: 02-29-100-004 AND 02-29-100-005)
EXHIBIT B
Final Planned Unit Development Plat
IX51G PROPOSED
P.U.D. 6-1.B-Z.O)
PROPOSEO ZONING:(P.V.D)B-2
• EX.LOT SIZE:267.6123 SO.R.(6.1N ACJ 11Y1 ASN /�/ \ \
NCM-lWiBD'!i i
•,I ® C 0�,C�'�P y7 U A L
SETBACK REQUIREMENTS: ,-NOT FOI�'CeOCTION
FRONT YARD-NO MINIMUM
CORNER SIDE YARD-30'
j \\
PF
ACCESS
• SIDE YAR ]0
D� '(TMN6DONAL YARD) /
rc
REAR YARD 30'(TRANSITIONAL YARD)
W1OSfIPING BUFFER.30' -
p TT \
BUILDING AREA: / o F—RC. PnaKPrr ',
PROPOSED 2-ST0RI BDLDNI::ASSISTED`MNG
FUTURE OFTICE BUILDING:
TOTAL NUMBER OF DWELLING UNITS:73
• LOT CONSRAGE ALL NOT EXCEED GAYS ZONING REGULATIONS
REWIDINO MAXIMUM IMPERMGIS SURFACE(851%OF THE GROSS LOT Ct
AREA)
PARKING DATA: -
• NUMBER OF REG"PARI NG STALLS:43
NUMBER OF ADA STALLS:]
TmAL NUMBER OF STALLS:N
1
TOTAL NUMBER OF STALLS REWIRED:31 / l EL _
TYPICAL PARNING Al 9.0' �12
IYPM.WL PARNIN:ILI1mN:1e' / nuv'' p/, 6.148 (3
TYPICAL ISLE N'Imlt:Ia' IN. cc/ /q � � ,
PARKING RAI W.0.63 PER OWELLMC LIMIT /� V• '.. SS r ,
PARKING MRO REQUITER 0.8 PER DWELLING UNIT {E) / �, P:yvFV'c�4y •�_ \�
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