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Ordinance 2019-22 001 ''30000b-i=! 3 45 DEBBIE u LLETTE RECORDER - KENDALL UJUNIY, IL RECORDED: 5/2/2019 10:03 Ail ORDI: 43.60 RHSPS FEE: 16.66 PAGES: 11 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2019-22 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING THE FIRST AMENDMENT TO THE ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT FOR A PORTION OF THE WINDMILL FARMS DEVELOPMENT (Hively Development) Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 90'day of April,2019 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 1,2019. Ordinance No.2019-,nV, AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING THE FIRST AMENDMENT TO THE ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT FOR A PORTION OF THE WINDMILL FARMS DEVELOPMENT (Hively Development) 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, Jake Land Group, LLC (the "Original Owner") entered into an ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT TO THE UNITED CITY OF YORKVILLE WINDMILL FARMS(the "Original Annexation Agreement") dated May 27, 2008 that was approved by the Mayor and City Council (the "Corporate Authorities") by Ordinance No. 2008-40 on May 27, 2008 and recorded with the Kendall County Recorder on July 17, 2008 as document 200800016874; and, WHEREAS, the Original Annexation Agreement provided for the annexation and zoning of approximately 62.82 acres of land to the City and the development of 15.32 acres already annexed to the City; and, WHEREAS, Matthew Hively ("Developer") is the contract purchaser of approximately 16.21 acres of the Windmill Farms property that is legally described on Exhibit A attached hereto and made a part hereof(the"Subject Property")with PIN Numbers: 05-03-200-022; 05-03-300-039; 05-03-300-035; and, WHEREAS, Developer has petitioned the City to amend the Original Annexation Agreement to rezone the Subject Property pursuant to the current United City of Yorkville Zoning Ordinance (the "Zoning Code") in order to permit the Developer to proceed with development under the City's A-1 Agricultural District for parcel 05-03-200-022 and B-3 General Business District for parcels 05-03-300- 039 and 05-03-300-035; and, WHEREAS,the Corporate Authorities conducted a public hearing on the amendment of the Original Annexation Agreement on April 9, 2019 and the statutory procedures provided in 65 ILCS 5111-15.1-1, as amended, for the approval of this First Amendment have been complied with. 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 FIRST AMENDMENT TO THE ANNEXATIONAGREEMENT BETWEEN JAKE LAND GROUP LLC AND THE UNITED CITY OF YORKVILLE(Windmill Farms), 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 First Amendment. Section 3: This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Ordinance No.2019-002 Page 2 Passed by the ity Council of the United City of Yorkville, Kendall County, Illinois,this day of , 2019. City Clerk CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI ARDEN JOE PLOCHER CHRIS FUNKHOUSER JOEL FRIEDERS SEAVER TARULIS JASON PETERSON Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of �k'I L , 2019. Mayor Ordinance No.2019-1�02 Page 3 FIRST AMENDMENT TO THE ANNEXATION AGREEMENT BETWEEN JAKE LAND GROUP LLC AND THE UNITED CITY OF YORKVILLE (Windmill Farms) This First Amendment (the "Amendment") to the Annexation Agreement dated May 27, 2008, pertaining to the Windmill Farms properties, is entered into this,I-?day of April, 2019, by and between the United City of Yorkville, Illinois, a municipal corporation (the "City") and Matthew Hively, the contract purchaser of a portion of the Windmill Farms properties (the "DEVELOPER"); and, WHEREAS, Jake Land Group, LLC (the "Original Owner") entered into an ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT TO THE UNITED CITY OF YORKVILLE WINDMILL FARMS (the "Original Annexation Agreement") dated May 27, 2008 that was approved by the Mayor and City Council (the "Corporate Authorities") by Ordinance No. 2008-40 on May 27, 2008 and recorded with the Kendall County Recorder on July 17, 2008 as document 200800016874; and, WHEREAS, the Original Annexation Agreement provided for the annexation of approximately 62.82 acres of land to the City and the development of 15.32 acres already annexed to the City (the "Property"), when due to the changes in the economic conditions in the country and most particularly in the region, the Original Owner lost ownership of the Property; and, WHEREAS, OWNER/DEVELOPER is the contract purchaser of approximately 16.21 acres of the Windmill Farms property that is legally described on Exhibit A attached hereto and made a part hereof(the "Subject Property") with PIN Numbers: 05-03-200-022;.05-03-300-039; 05-03-300-035; and, WHEREAS, DEVELOPER has petitioned the City to rezone the Subject Property pursuant to the current United City of Yorkville Zoning Ordinance (the "Zoning Code") in order to permit the DEVELOPER to proceed with development under the City's A-1 Agricultural District for parcel 05-03-200-022 and B-3 General Business District for parcels 05-03-300-039 and 05-03-300-035; and, WHEREAS, the DEVELOPER is prepared to participate in all public hearings as required by law to accomplish this Amendment to the Original Annexation Agreement and as may be required to rezone the Property under the Zoning Code. NOW,THEREFORE,the parties hereto agree as follows: I. The above recitals are incorporated herein and made a part of this Agreement. 2. That the fifth whereas clause be and is herby repealed. 3. That Paragraph 1 of the Original Annexation Agreement is hereby deleted and replaced with the following: ANNEXATION AND ZONING The City has adopted an ordinance annexing to the City the Subject Property and shall adopt an ordinance zoning the Subject Property into the A-1 Agricultural District for parcel 05-03-200-022 and B-3 General Business District for parcels 05- 03-300-039 and 05-03-300-035, which may be further changed without amendment of this Agreement pursuant to the procedures of the Zoning Code. 4. That Paragraph 2A of the Original Annexation Agreement is hereby deleted in its entirety. 5. That Paragraph 9, Notice, of the Original Annexation Agreement is hereby amended by deleting the person named to receive notice for the Developer and insert the following: To Developer: Matthew Hively 1451 Johnson Road Oswego, Illinois 60543 With Copy to: Theresa Dollinger Castle Law 822 1291h Infantry Drive Suite 104 Joliet, Illinois 60435 6. That Paragraphs B and D of Section 3, of the Original Annexation Agreement regarding the requirement for connection to City water and annexing into the Yorkville Bristol Sanitary District is hereby deleted in its entirety. IN WITNESS WHEREOF,the parties hereto have caused this First Amendment to the Original Annexation Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville,an Illinois municipal Corporation By: 4'�t Mayor Atte City Clerk OWNER/DEVELOPER MATTHEW HIVELY Exhibit A Legal Description PARCEL 3 That part of the Northeast quarter of Section 3, Township 36 North, range 7 East of the third principal meridian described as follows: Beginning at the Southwest corner of said Northeast quarter;thence North 01 degrees 34 minutes 52 seconds West along the West line of said Northeast quarter 245.12 feet;thence South 84 degrees 27 minutes 30 seconds East 198.51 feet;thence North 00 degrees 42 minutes 30 seconds West 423.02 feet to the center line of Illinois State Route No. 71;thence North 60 degrees 02 minutes 30 seconds East along said center line 472.59 feet to a line drawn North 00 degrees 10 minutes 48 seconds East parallel with the West line of said Northeast 1/4,from a point on the South line of said Northeast 1/4 which is 598.62 feet Easterly of the Southwest corner of said Northeast 1/4; thence South 00 degrees 10 minutes 48 seconds West along said parallel line 880.56 feet to said South line; thence South 89 degrees 34 minutes 48 seconds West along said South line 598.62 feet to the point of beginning, being a portion of a larger parcel of land described as parcel 3 in Quit Claim Deed recorded on April 24, 2017 as Document 2001700006075, in Kendall County, Illinois. PARCEL 8 That part of the Southwest quarter of Section 3, Township 36 North, Range 7 East of the third principal meridian,described as follows: Commencing at the Southwest corner of said Southwest quarter; thence North 00 degrees 08 minutes 14 seconds West along the West line of said Southwest quarter, 1,995.75 feet to the center line of Illinois State Route No. 71; thence North 71 degrees 23 minutes 59 seconds East along said center line 30.45 feet to the point of intersection of said center line with center line of Illinois State Route No. 126 for the point of beginning; thence North 71 degrees 23 minutes 59 seconds East along said Route 71 center line 230.67 feet to a point of curvature;thence Northeasterly along a curve to the left having a radius of 11,459.20 feet which is tangent to the last described course at the last described point at the last description point, 1,141.60 feet to the intersection with the center line extended Northwesterly of Wing Road;thence South 21 degrees 30 minutes 13 seconds East along said Wing Road center line 761.0 feet;thence South 58 degrees 16 minutes 47 seconds West 265.38 feet to said Route 126 center line; thence Northwesterly along said Route 126 center line being along a curve to the left and having a radius of 2292.01 feet which is tangent to a line drawn North 72 degrees 57 minutes 06 seconds West from the last described point 147.83 feet; thence North 76 degrees 38 minutes 49 seconds West along said Route 126 center line 850.98 feet thence Northwesterly along said Route 126 center line being along a curve to the right and having a radius of 2,148.79 feet which is tangent to the last described course at the last described point, 383.53 feet to the point of beginning, Excepting therefrom that part described as follows: that part of the Southwest quarter of Section 3, Township 36 North, Range 7 East of the third principal meridian described as follows: Commencing at the Southwest corner of said Southwest quarter; thence North 00 degrees 08 minutes 14 seconds West along the West line of said Southwest quarter 1,995.75 feet to the center line of Illinois State Route 71; thence North 71 degrees 23 minutes 59 seconds East along said Route 71 center line 261.12 feet to a point of curvature; thence Northeasterly along a curve to the left having a radius of 11,459.20 feet which is tangent to the last described course 1,141.60 feet to the intersection with the center line extended Northwesterly of Wing Road for the point of beginning;thence South 21 degrees 30 minutes 13 seconds East along said Wing Road center line 258.05 feet; thence South 68 degrees 29 minutes 47 seconds West 200.0 feet; thence North 21 degrees 30 minutes 13 seconds West parallel with said Wing Road center line 250.0 feet to said Route 71 center line; thence Northeasterly along said Route 71 center line 200.16 feet to the point of beginning, in the United City of Yorkville, Kendall County, Illinois. And also excepting, that part of the Southwest quarter of Section 3 in Township 36 North, Range 7 East of the third principal meridian,Kendall County,Illinois,described as follows with bearings referenced to the Illinois State Plane Coordinate System East Zone (NAD83); commencing at the Southwest corner of the Southwest quarter of said Section 3; thence North 01 degree 35 minutes 30 seconds West, 1995.04 feet along the West line of said Southwest quarter to the centerline of a public highway designated 11 71; thence North 69 degrees 55 minutes 19 seconds East, 31.52 feet along said centerline to the point of beginning, from the point of beginning; thence North 69 degrees 55 minutes 19 seconds East, 230.66 feet along said centerline; thence Northeasterly, 940.58 feet along an 11,479.02 foot radius curve to the left having a chord bearing North 67 degrees 34 minutes 29 seconds East, 940.31 feet; thence South 22 degrees 56 minutes 31 seconds East, 60.03 feet; thence Southwesterly, 418.10 feet on an 11,539.02 foot radius curve to the right having a chord bearing South 66 degrees 16 minutes 29 seconds West, 418.08 feet; thence South 59 degrees 24 minutes 09 seconds West, 71.10 feet; thence South 25 degrees 14 minutes 24 seconds West, 60.52 feet; thence Southeasterly, 570.87 feet on an 875.00 foot radius curve to the left having a chord bearing South 55 degrees 22 minutes 46 seconds East, 560.80 feet; thence South 74 degrees 04 minutes 13 seconds East,274.41 feet;thence South 64 degrees 05 minutes 29 seconds East, 35.85 feet; thence South 56 degrees 49 minutes 00 seconds West 64.56 feet to the center line of a public highway designated IL 126; thence Northwesterly, 162.08 feet on said centerline being a 2,291.64 foot radius curve to the left having a chord bearing North 76 degrees 16 minutes 12 seconds West, 162.05 feet thence North 78 degrees 17 minutes 46 seconds West, 357.37 feet on said centerline; thence North 53 degrees 52 minutes 46 seconds West, 96.76 feet to the existing Northerly right of way line of IL 126, thence Northwesterly, 297.03 feet on a 990.00 foot radius curve to the right having a chord bearing North 45 degrees 17 minutes 03 seconds West, 295.92 feet; thence North 36 degrees 39 minutes 21 seconds West, 23.77 feet; thence North 77 degrees 19 minutes 38 seconds West, 84.74 feet; thence South 69 degrees 03 minutes 36 seconds West, 100.61 feet; thence South 69 degrees 55 minutes 52 seconds West, 149.98 feet to the Southerly right of way line of said IL 71; thence South 65 degrees 32 minutes 40 seconds West, 113.94 feet to the centerline of said IL 126; thence Northwesterly, 119.55 feet on said centerline being a 2170.59 foot radius curve to the right having a chord bearing North 69 degrees 20 minutes 17 seconds West, 119.54 feet to the point of beginning. Parcel 8A (included in parcel 8 but separated out for title vesting purposes only): That part of the Southwest quarter of Section 3 in Township 36 North, Range 7 East of the third principal meridian, Kendall County, Illinois, described as follows with bearings referenced to the Illinois State Plane Coordinate System East Zone (NAD83): Commencing at the Southwest corner of the Southwest quarter of said section 3; thence North 01 degree 35 minutes 30 seconds West, 1995.04 feet along the West line of said Southwest quarter to the centerline of a public highway designated IL 71; thence North 69 degrees 55 minutes 19 seconds East, 31.52 feet along said centerline to the centerline of pavement SBI Route 66 (IL 126); thence South 69 degrees 20 minutes 17 seconds East, 119.54 feet along said centerline of pavement to the point of beginning; thence North 65 degrees 32 minutes 40 seconds East, 113.94 feet to the Southeasterly right of way line of FA Route 97 (IL 71); thence Southerly 44.66 feet on said right of way line being a 20.00 foot radius curve to the left whose chord bears South 03 degrees 27 minutes 31 seconds East,35.94 feet to the Northeasterly existing right of way line of SBI Route 66 (IL 126); thence South 74 degrees 54 minutes 15 seconds East, 177.74 feet on said right of way line;thence South 78 degrees 17 minutes 46 seconds East, 376.03 feet on said right of way line; thence South 53 degrees 52 minutes 46 seconds East, 96.76 feet to the Centerline of SBI Route 66 (IL 126); thence North 78 degrees 17 minutes 46 seconds West, 464.15 feet along said centerline; thence Northwesterly 279.59 feet along the center pavement of SBI Route 66(IL 126),being a 2,170.59 foot radius curve to the right whose chord bears North 74 degrees 36 minutes 21 seconds West, 279.40 feet to the point of beginning situated in Kendall County, Illinois.