Ordinance 2018-12 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2018-12
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL
COUNTY,ILLINOIS PROHIBITING ENCROACHMENTS WITHIN THE
STATE OF ILLINOIS RIGHT OF WAY ALONG ILLINOIS ROUTE 71
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 27`x'day of February,2018
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on March 19,2018.
Ordinance No. 2018- 101
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY,ILLINOIS PROHIBITING ENCROACHMENTS WITHIN THE
STATE OF ILLINOIS RIGHT OF WAY ALONG ILLINOIS ROUTE 71
WHEREAS, the State of Illinois acting by and through its Department of
Transportation,is desirous of improving IL Route 71 from IL 47 to east of IL 126, known
as State Section (1)R,I. Work will include removal of the existing pavement and
construction of new pavement to provide two lanes in each direction with a raised curb
median, curb and gutter, drainage improvements, bicycle and pedestrian
accommodations, and safety improvements. Traffic signals will be improved at IL 47
and replaced at IL 126.; and,
WHEREAS, said project is being constructed in order to facilitate the free flow
of traffic and ensure safety to the motoring public; and
WHEREAS,the project passes through the United City of Yorkville; and
WHEREAS,in order to facilitate said improvement, it is necessary for the CITY
to adopt an Ordinance regulating encroachments on the right of way of IL Route 71 in
accordance with the following definitions:
1. Roadway Right of way is defined as those areas existing or acquired by
dedication or by fee simple for highway purposes; also,the areas acquired by
temporary easement during the time the easement is in effect:
2. Project Right of way is defined as those areas within the project right-of-way lines
established jointly by the CITY and the STATE which will be free of
encroachments except as hereinafter defined;
3. Encroachment is defined as any building, fence, sign(excluding certain signs
located over sidewalks)or any other public structure or object of any kind(with
the exception of utilities and public road signs)which is placed, located,
maintained,in, on,under or over any portion of the project right of way or the
roadway right of way where no project right of way line has been established.
4. Permissible encroachment is defined as any existing awning,marquee or sign
advertising activity on the property or similar overhanging structure supported
from a building immediately adjacent to the limits of the platted street where there
is sidewalk extending to the building line and which does not impair the free and
safe flow of pedestrian traffic or traffic on the highway. The permissive retention
Ordinance No.2018-a
Page 2
of overhanging signs is not to be construed as being applicable to those signs
supported from poles constructed outside the project right of way line and not
confined by adjacent buildings.
5. Construction easement Area is defined as the area lying between the project right
of way limits and the platted street limits within which the CITY,by concurrence
with the establishment of the project right of way lines, will permit the STATE to
enter to perform all necessary construction activities.
WHEREAS,representatives of the CITY and the STATE have,by visual
inspection, cooperatively established project right of way lines and have mutually
determined the disposition of encroachments;
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 no person, firm, corporation or other entity shall install,place,
maintain or construct any structure that encroaches, as defined above,upon the State of
Illinois project or roadway right-of-way of IL Route 71, from IL 47 to east of IL 126.
Section 2: That the City Clerk of the United City of Yorkville is authorized and
directed to attach a copy of this Ordinance to the AGREEMENT dated
M#RC H- `] , 2018,by and between the State of Illinois and the United City
of Yorkville relative to the above described improvement.
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
a7 day of F*56C A Y 12018.
CITY CLERK
CARLO COLOSIMO y KEN KOCH y _
JACKIE MILSCHEWSKI y ARDEN JOE PLOCHER
CHRIS FUNKHOUSER y JOEL FRIEDERS _y
SEAVER TARULIS 7 ALEX HERNANDEZ y
Ordinance No.2018-ta-
Page 3
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of M,4R C 14 , 2018. lam f�IJ4
Ordinance No.2018-
Page 4