Resolution 2018-06 RESOLUTION NO.2018-V 6
A RESOLUTION AUTHORIZING THE TRANSFER OF AN EASEMENT FOR RIGHT
OF WAY FROM THE UNITED CITY OF YORKVILLE TO THE
COUNTY OF KENDALL
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, the County of Kendall (the "County") is preparing for a roadway
improvement to County Highway 9 (Galena Road) within the corporate limits of the City to
replace the Galena Road Bridge and has requested from the City the granting of an easement for
additional highway right of way(the Transfer Property"); and,
WHEREAS, the City owns the Transfer Property right of way described in Exhibit A
attached to and by this reference incorporated into this Resolution; and,
WHEREAS, the County declared that it is necessary and convenient for the County to
use, occupy, and improve the Transfer Property for roadway purposes and requested that the
Village transfer the Transfer Property to the County, all in accordance with the provisions of the
Illinois Local Government Property Transfer Act, 50 ILCS 605/0.01, et seq. (Property Transfer
Act); and
WHEREAS, the Mayor and City Council of the City desire to transfer the Transfer
Property to the County,pursuant to the authority conferred by the Property Transfer Act;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the
United City of Yorkville,Kendall County,Illinois,as follows:
Section 1: The foregoing recitals are hereby incorporated into this Resolution as findings
of the Mayor and City Council.
Section 2: The Mayor and City Council hereby(a) approve an easement for right of way
of the Transfer Property to the County, (b) authorize the Mayor to execute an instrument of
conveyance to accomplish the transfer, (c) authorize the City Clerk to attest and to seal such
instrument of conveyance with the Village's corporate seal, and(d)authorize the Mayor and City
Clerk to take all other necessary and appropriate actions to transfer easement rights for the right
of way in the Transfer Property to the County.
Section 3: This Resolution will be in full force and effect from and after its passage by a
vote of two thirds of the members of the City Council now holding office for its approval.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
aday of r1441r 2018.
Resolution No.2018-
Page 1
c�
CITY CLERK
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI ARDEN JOE PLOCHER
CHRIS FUNKHOUSER JOEL FRIEDERS
SEAVER TARULIS ALEX HERNANDEZ y
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of M A R C 4 2018.
MAYOR
Resolution No.2018 0(0
-
Page 2
Owner The United City of Yorkville, an
Illinois municipal corporation
Address 02-10-400-004
Route County Highway 9 (Galena Road)
County Kendall
Parcel No. 3
P.I.N. No. 02-10-400-004
Section 16-00134-00-BR
Station 147+07.94 to
Station 155+75
A GRANT OF EASEMENT FOR RIGHT OF WAY
(Government Entity) (Non-Freeway)
The United City of Yorkville, an Illinois municipal corporation, a governmental entity
organized and existing under the laws of Illinois and duly authorized to do business in Illinois, in
consideration of the sum of One and 00/100's Dollars ($1.00), receipt of which is hereby
acknowledged, and pursuant to the provisions of 50 ILCS 605/2, grants, conveys, and dedicates
to the County of Kendall, a body politic and corporate, (Grantee), a perpetual easement over the
property described below for the purpose of a highway right of way:
See attached legal description.
situated in the County of Kendall, State of Illinois.
Grantor further grants to Grantee, the right to permit the Grantee and public utilities to
use or operate, install, maintain, alter, repair, replace, renew, improve and remove other
facilities and structures, including but not limited to, underground communication lines, fiber
optics, wire, or other means of electricity, voice data, video, digitized information, pipes and
conduits, upon and beneath the surface of the said premises, and overhead wires, cables, and
poles of other structures for the support of such facilities and structures on said premises.
Page 1 of 2 (Rev.11/11)
Dated this day of M API C4 , 2018.
The United City of Yorkville
Corporation Na
By:
�s i nature
ATTEST: AIRY t'101-tA/SK N(I�YOIQ
Print Name and Title
By:
Signat re
6 F--I-H k1A R K E>,/, C rrY C ARK
Print Name drid Title
State of Illinois )
) Ss
County of )
This instrument was acknowledged before me on M aRcN 7 , 2018, by
C-714ay GowtlSK 1 , as M1a-y0/Z
and E)ETH WA R Kr=4 , as C I TY C'_L,&kk,
of The United City of Yorkville, an Illinois municipal corporation, a governmental entity
organized and existing under the laws of Illinois.
rw.
(SEAL OFFICIAL SEAL ""
LISA PICKERING Notary P lic
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:12/18120 My Commission Expires: 1 a g a-0
Exempt under 35 ILCS 200/31-45(b), Real Estate Transfer Tax Law.
Date Buyer, Seller or Representative
This instrument was prepared by and after Kendall County
recording, mail this instrument and future tax 6780 Illinois 47
bills to: Yorkville, IL 60560
Page 2 of 2 (Rev.11/11)
Route:County Highway 9(Galena Road)
Section: 16-00134-00-BR
County: Kendall
Parcel:3
Station 147+07.94 to 155+75
Owner:The United City of Yorkville
P.I.N.:02-10-400-004
That part of the East Half of Section 10,Township 37 North, Range 7 East of the Third Principal Meridian,
Bristol Township, Kendall County, Illinois described as follows, using bearings and grid distances
referenced to the Illinois State Plane Coordinate System, East Zone, North American Datum 1983 (2011
Adjustment):
Commencing at a 5/8 inch iron rod found at the northwest corner of the Southeast Quarter of said
Section 10,per Monument Record 9300244;thence South 01 degree 08 minutes 28 seconds East,
114.69 feet along the west line of said Southeast Quarter to the centerline of County Highway 9 (Galena
Road);thence South 68 degrees 18 minutes 38 seconds East,425.76 feet along said centerline;thence
southeasterly,799.98 feet along said centerline on a curve to the left, having a radius of 49,109.50 feet,
the chord of said curve bears South 68 degrees 46 minutes 38 seconds East,799.97 feet;thence South
69 degrees 14 minutes 38 seconds East,208.77 feet along said centerline to the west line of the
Northeast Quarter of the Southeast Quarter of said Section 10 for the Point of Beginning;thence South
01 degree 08 minutes 47 seconds East,64.67 feet along said west line;thence South 69 degrees 14
minutes 38 seconds East,283.76 feet thence southeasterly 598.71 feet on a curve to the left having a
radius of 908.83 feet,the chord of said curve bears South 88 degrees 06 minutes 58 seconds East,
587.94 feet;thence North 16 degrees 59 minutes 17 seconds West,60.00 feet to the aforesaid
centerline;thence northwesterly,599.18 feet along said centerline on a curve to the right having a
radius of 848.83 feet,the chord of said curve bears North 88 degrees 06 minutes 58 seconds West,
549.12 feet;thence North 69 degrees 14 minutes 38 seconds West,307.88 feet along said centerline;to
the Point of Beginning.
Said parcel contains 1.205 acre, more or less,of which 0.723 acre,more or less,was previously used for
roadway purposes,and 0.482 acre, more or less, is the net area required