Ordinance 2018-27 DEBBIE i.11 1 ETTE
RECORDER - KENDALL COUNTY, IL
RECORDED: 5/22/2018 11:34 AN
ORDI: 44.86 RHSPS FEE: 10.88
PAGES: 9
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2018-27
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,APPROVING A THIRD AMENDMENT TO THE ANNEXATION AGREEMENT
OF YORKVILLE FARMS DEVELOPMENT AND THE UNITED CITY OF YORKVILLE
(Prestwick of Yorkville Subdivision)
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 24th day of April,2018
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 May 21,2018.
Ordinance No. 2018- (97
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,APPROVING A THIRD AMENDMENT TO THE ANNEXATION
AGREEMENT OF YORKVILLE FARMS DEVELOPMENT AND THE UNITED CITY
OF YORKVILLE
(Prestwick of Yorkville Subdivision)
WHEREAS, the United City of Yorkville, Kendall County, Illinois (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, Section 11-15.1-1 et seq. of the Illinois Municipal Code (65 ILCS 5/11-
15.1-1 et. seq.) grants the City with authority to enter into an annexation agreement with one or
more owners of land in an unincorporated territory; and,
WHEREAS, on April 26, 2005, by Ordinance No. 2005-30, the Mayor and City Council
(the "Corporate Authorities") authorized the execution of an Annexation Agreement of
Yorkville Farm Development (the "Original Agreement"), which Original Agreement was
recorded with the Kendall County Recorder's Office on December 19, 2005 as document
#200500039118; the Original Agreement, among other things, provided for the zoning of an
approximately 190 acre parcel of real property (the "Property") owned by John C. Stewart and
Michelle L. Stewart(the "Owners") as R-2 Single Family Resident District; and,
WHEREAS, on October 8, 2013 and May 27, 2014, by Ordinance Nos. 2013-56 and
2014-26, the Corporate Authorities approved first and second amendments to the Original
Agreement, which amendments were recorded with the Kendall County Recorder's Office on
October 30, 2013 and February 3, 2015 as document #201300022150 and document
#201500001628, respectively; said amendments approved a revised plat of subdivision,
established permitted uses for a portion of the Property to be developed as a school, changed the
Ordinance No.2018-o 7
Page 2
name of the subdivision provided for in the Original Agreement to Ashley Pointe, and revised
certain aspects of the Owners' security requirements; and,
WHEREAS, the Owner/Developer has now requested to amend the Original Agreement
and subsequent amendments thereto to delay the construction of certain intersection roadway
improvements to Ashley Road and Route 126; and,
WHEREAS, the Corporate Authorities believe it to be in the best interests of the City
and its residents to grant the Owners' request pursuant to the terms and conditions as set forth in
a third amendment.
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 the recitals in the preambles to this Ordinance are incorporated into this
Section 1 as if fully set forth herein.
Section 2. That the Third Amendment to the Annexation Agreement of Yorkville Farms
Development and the United City of Yorkville, attached hereto and made a part hereof, is hereby
approved and the Mayor, City Clerk, and City Administrator are hereby authorized to execute
and deliver said Third Amendment and undertake any and all actions as may be required to
implement its terms on behalf of the City.
Section 3. This Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois,
this day of (2, (/ 1' ,A.D. 2018.
CITY CLERK
Ordinance No.2018-a7
Page 3
CARLO COLOSIMO y KEN KOCH
JACKIE MILSCHEWSKI Y, ARDEN JOE PLOCHER /v
CHRIS FUNKHOUSER JOEL FRIEDERS
SEAVER TARULIS ALEX HERNANDEZ
MAYOR GOL04S14l
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this 10 day of MAY ,A.D. 2018.
MAYOR
Attest:
CITY CLE
Ordinance No.2018-a 7
Page 4
THIRD AMENDMENT TO THE ANNEXATION AGREEMENT OF YORKVILLE
FARMS DEVELOPMENT AND THE UNITED CITY OF YORKVILLE
(Prestwick of Yorkville Subdivision)
This Third Amendment to the Annexation Agreement of Yorkville Farm Development
(Prestwick of Yorkville Subdivision) (the "Amendment"), is made and entered into this Jl'p day
ofM4Y , 2018, by and between the United City of Yorkville, Kendall County, Illinois, a
municipal corporation (the "City"), and the owner of record John C. Stewart and Michelle L.
Stewart("Owner" or"Developer" or"Owner/Developer").
WITNESSETH
WHEREAS, Owner owns fee simple title to the real property which is legally described
in Exhibit A attached hereto, consisting of approximately 190 acres, more or less (hereinafter
"Property"); and,
WHEREAS, on April 26, 2005, the Mayor and City Council (the "Corporate
Authorities") entered into an Annexation Agreement of Yorkville Farm Development (the
"Original Agreement") which provided for the zoning of the Property as R-2 Single Family
Resident District established the required infrastructure and public improvements deemed
necessary to serve the Property when developed, and set forth the required donations, fees and
security to guarantee the completion and maintenance of the public improvements; and,
WHEREAS, on October 8, 2013, the Corporate Authorities approved the First
Amendment to the Annexation Agreement of Yorkville Farms Development and the United City
of Yorkville (Prestwick of Yorkville Subdivision) (the "First Amendment") which among other
things, approved a revised plat of subdivision; established permitted uses for a portion of the
Property to be developed as a school, changed the name of the Subdivision to Ashley Pointe; and
revised the security requirements of the Owner/Developer to include security for the school
improvements including roadways; and,
WHEREAS, on May 27, 2014, the Corporate Authorities approved the Second
Amendment to the Annexation Agreement of Yorkville Farms Development and the United City
of Yorkville (Ashley Pointe Subdivision f/k/a Prestwick of Yorkville) (the "Second
Amendment') which among other things, reduced the security requirements of the
Owner/Developer including roadways; and
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WHEREAS, the Owner/Developer has now requested to amend the Original Agreement
and subsequent amendments thereto to revise the language reducing the security requirements of
the Owner/Developer, including roadways.
NOW, THEREFORE, in consideration of the mutual covenants, agreements and
conditions herein contained, and by authority of and in accordance with the aforesaid statutes of
the State of Illinois,the parties agree as follows:
1. The foregoing Preambles are hereby adopted as if fully restated herein.
2. Section 2 of the Second Amendment, which amended Paragraph 4 of the First
Amendment, which amended Paragraph 6 of the Original Agreement stating that "the Developer
will provide any required security for the high school improvements, including roadways", is
further amended by amending Section 2 as follows:
a. The Developer acknowledges its responsibility for all required security for
the high school improvements, including roadways.
b. Owner/Developer agrees not to construct any permanent access roadway
from the Yorkville Christian School site to Ashley Road until the
intersection improvements for Ashley Road and Route 126 are completed.
c. The City agrees that a temporary emergency access off of Ashley Road
shall be constructed.
d. The City agrees that the intersection improvements for Ashley Road and
Route 126 (Intersection Improvements) shall be completed by
Owner/Developer before November 2021 ("Intersection Improvement
Completion Date").
e. Developer will perform the necessary engineering, prepare the necessary
application, and prepare the necessary drawings and plans to apply to
Illinois Department of Transportation (IDOT) for the permit to complete
the Intersection Improvements, apply for the permit from IDOT and install
the Intersection Improvements pursuant to the permit issued by IDOT on
or before the Intersection Improvement Completion Date.
f. Developer shall not be responsible for delays caused by the following:
acts of God, fire, strikes, war, riots, governmental regulation or restriction,
labor or material shortages, damage by the elements, force majeure, or any
other cause or casualty beyond the control of Developer that might delay
the installation of the Intersection Improvements.
g. The City requires security from Developer/Owner for the Intersection
Improvements at Route 126 and Ashley Road, said security to be released
at such time as Owner/Developer has deposited sufficient security for said
Intersection Improvements with IDOT, and the City has received
confirmation from IDOT of the receipt of such security.
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3. All other terms and conditions of the Original Agreement, as amended by the First and
Second Amendments, remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands on this /Io day of
M , 2018.
United City of Yorkville, an Illinois municipal
Corporation
By:
Mayor
Attest:
City C rrk
J n C. Stewart
Michelle L. Stewart
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EXHIBIT A
UNIT ONE:
LOTS 1 THROUGH 10,INCLUSIVE,LATS 12 THROUGH 41,INCLUSIVE,LOTS 43 THROUGH
50,INCLUSIVE,LOTS 52 THROUGH 63,INCLUSIVE,IAT 65 THROUGH 108,INCLUSIVE,
LOTS 357 THROUG14 363,INCLUSIVE,AND LOT 365 IN PRESTWICK OF YORKVILLE UNIT 1,
BEING A SUBDIVISION OF PART OF SECTIONS 3&10,TOWNSHIP 36 NORTH,RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF
RECORDED OCTOBER 31,2006,AS DOCUMENT NUMBER 200600035287,IN THE UNITED
CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS.
UNIT TWO:
THAT PART OF THE EAST HALF OF SECTION 10,TOWNSHIP 36 NORTH,RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS:COMMENCING AT THE
NORTHWEST CORNER OF TIRE NORTHEAST QUARTER OF SAID SECTION 10;THENCE
SOUTH 01 DEGREES 32 MINUTES 35 SECONDS EAST ALONG THE WEST LINE OF THE EAST
HALF OF SAID SECTION 10,1776.14 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH
54 DEGREES 40 MINUTES 34 SECONDS EAST,258.23 FEET; THENCE NORTHEASTERLY
ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 283.00 FEET AND A CHORD BEARING
OF NORTH 38 DEGREES 32 MINUTES 30 SECONDS EAST,AN ARC LENGTH OF 31.79 FEET;
THENCE NORTH 41 DEGREES 45 MINUTES 34 SECONDS EAST,269.09 FEET; THENCE
NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 283.00 FEET AND A
CHORD BEARING OF NORTH 68 DEGREES 21 MINUTES 45 SECONDS EAST,AN ARC
LENGTH OF 262.80 . ; THENCE SOUTH 85 DEGREES 02 MINUTES 05 SECONDS EAST,0.59
FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 25.00
FEET AND A CHORD BEARING OF NORTH 54 DEGREES 36 MINUTES 04 SECONDS EAST",AN
ARC LENGTH OF 35.22 FEEL, THENCE SOUTH 75 DEGREES 45 MINUTES 48 SECONDS EAST,
70.00 FEET; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF
265.00 FEET AND A CHORD BEARING OF SOUTH 14 DEGREES 09 MINUTES 29 SECONDS
WEST,AN ARC LENGTH OF 0.73 FEET; THENCE SOUTH 75 DEGREES 55 MINUTES 15
SECONDS EAST,145.79 FEET; THENCE SOUTH 00 DEGREES 43 MINUTES 57 SECONDS
WEST,61.16 FEET; THENCE SOUTH 29 DEGREES 47 MINUTES 52 SECONDS EAST,37.26
FEET; THENCE NORTH 76 DEGREES 49 MINUTES 03 SECONDS EAST, 116.69 FEET; THENCE
SOUTH 81 DEGREES 47 MINUTES 13 SECONDS EAST, 153.95 FEET; THENCE SOUTH 63
DEGREES 29 MINU'T'ES 31 SECONDS EAST, 112.02 ; THENCE SOUTH 45 DEGREES 59
MINUTES 45 SECONDS EAST, 111.92 FEET, THENCE SOUTH 29 DEGREES 23 MINUTES 15
SECONDS EAST,55.65 FEET; THENCE NORTH 78 DEGREES 20 MINUTES 45 SECONDS EAST,
90.04 FEET; THENCE NORTH 82 DEGREES 41 MINUTES 33 SECONDS EAST,88.65 FEET;
THENCE NORTH 87 DEGREES 00 MINUTES 20 SECONDS EAST,88.65 FEET; THENCE SOUTH
88 DEGREES 40 MINUTES 53 SECONDS EAST,88.65 FEET; THENCE SOUTH 88 DEGREES 00
MINUTES 08 SECONDS EAST,85.86 FEET; THENCE SOUTH 83 D13GREES 43 MINUTES 10
SECONDS EAST,238.13 FEET; THENCE NORTH 04 DEGREES 45 MINUTES 16 SECONDS
EAST,13.20 FEET; THENCE NORTH 11 DEGREES 14 MINUTES 44 SECONDS EAST,288.09
BEET; THENCE NORTH 62 DEGREES 41 MINUTES 24 SECONDS EAST, 127.61 FEET; THENCE
SOUTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 267.00 FEET AND A
CHORD BEARING OF SOUTH 22 DEGREES 18 MINUTES 37 SECONDS EAST,AN ARC
LENGTH OF 46.60 FEET; THENCE NORTH 72 DEGREES 41 MINUTES 23 SECONDS EAST,
216.00 FEET; THENCE SOUTH 10 DEGREES 59 MINUTES 02 SECONDS EAST, 106.45 FEET,
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THENCE SOUTH 01 DEGREES 40 MINUTES 08 SECONDS WEST, 106.45 FEET;THENCE SOUTH
10 DEGREES 43 MINUTES 58 SECONDS WEST,86.80 FEET;THENCE SOU'T'H 11 DEGREES 14
MINUTES 44 SECONDS WEST,80.00 FEET;THENCE SOUTH 07 DEGREES 24 MINUTES 58
SECONDS WEST,72.99 FEET;THENCE SOUTH 05 DEGREES 14 MINUTES 55 SECONDS EAST,
71-04 FEE THENCE SOUTH 18 DEGREES 06 MINUTES 54 SECONDS EAST,71.04 FEET;
THENCE SOUTH 27 DEGREES 45 MINUTES 40 SECONDS EAST,77.42 FEET;THENCE SOUTH
28 DEGREES 15 MINUTES 03 SECONDS EAST,80.00 FEET;THENCE SOUTH 27 DEGREES 34
MINUTES 17 SECONDS EAST,87.88 FEET;THENCE SOUTH 15 DEGREES 28 MINUTES 24
SECONDS EAST,106.01 FEET;THENCE SOUTH 01 DEGREES 42 MINUTES 03 SECONDS EAST,
52.39 FEET;THENCE NORTH 88 DEGREES 28 MINUTES 09 SECONDS EAST,84.51 FEET TO
THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1.0;THENCE SOUTH 01
DEGREES 32 MINUTES 43 SECONDS EAST,ALONG THE EAST LINE OF SAID NORTHEAST
QUARTER,74.63 FEET TO THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 01 DEGREES 27 MINUTES 24 SECONDS EAST,ALONG THE VAST LINE OF
THE SOUTHEAST QUARTER.OF SAID SECTION 10, 1006.36 FEET TO THE SOUTHEAST
CORNER OF LANDS CONVEYED TO ROBERT M.AND ELAINE E.STEWART BY DOCUMENT
NO.72-5636; THENCE SOUTH 88 DEGREES 04 MINUTES 01 SECONDS WEST,ALONG THE
SOUTH LINE OF SAID LANDS PER DOCUMENT NO.72-5656,2655,55 FEET TO THE
SOUTHWEST CORNER OF SAID LANDS PER DOCUMENT NO.72-5656,SAID POINT BEING
ON THE WEST LINE OF TIE SOUTHEAST QUARTER OF SAID SECTION 10,AND 1876.91
FEET SOUTHERLY OF(AS MEASURED ALONG SAID WEST LINE)THE POW OF
BEGINNING; THENCE NORTH 01 DEGREES 32 MINUTES 35 SECONDS WEST,ALONG THE
WEST LINE OF THE EAST HALF OF SAID SECTION 10, 1876.91 FEET TO THE POINT OF
BEGINNING,IN THE TOWNSHIP OF KENDALL,KENDALL COUNTY,ILLINOIS AND
CONTAINING 110.29 ACRES OF LAND,MORE OR LESS.
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