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Ordinance 2019-38 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 8!6/2819 11:82 AM ORDI: 43.88 RHSPS FEE: A.88 PAGES: 4 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2019-38 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,APPROVING THE REZONING TO THE R-1 SINGLE-FAMILY SUBURBAN RESIDENCE DISTRICT OF THE PROPERTY LOCATED AT THE SOUTHWEST AND SOUTHEAST CORNER OF THE INTERSECTION OF EAST VAN EMMON STREET AND BENJAMIN STREET Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 231 day of July,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 August 2,2019. STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) Ordinance No.2019-38 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,APPROVING THE REZONING TO THE R-1 SINGLE-FAMILY SUBURBAN RESIDENCE DISTRICT OF THE PROPERTY LOCATED AT THE SOUTHWEST AND SOUTHEAST CORNER OF THE INTERSECTION OF EAST VAN EMMON STREET AND BENJAMIN STREET 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, Ivaylo Gramatikov (the "Applicant") is the owner of two vacant parcels located at the southwest and southeast corner of the intersection of East Van Emmon Street and Benjamin Street legally described in Section 2, and is seeking rezoning from the B-2 Retail Commerce Business District and O Office District into the R-1 Single-Family Suburban Residence District; and, WHEREAS, the Planning and Zoning Commission convened and held a public hearing on July 10, 2019, to consider the rezoning after publication of notice and notice to property owners within five hundred(500)feet of the parcels; and, WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in Section 10-4-1 OB.4 and made findings of fact and recommendation to the Mayor and City Council(the"Corporate Authorities") for approval of the rezoning; and, Ordinance No.2019-38 Page 2 WHEREAS, the Corporate Authorities have received and considered the recommendation of the Planning and Zoning Commission. 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 herein and made a part of this Ordinance. Section 2: That the Corporate Authorities hereby approve the rezoning of the parcels legally described on Exhibit A, attached hereto and made a part hereof, with Property Index Numbers 02-33-376-014 and 02-37-376-015 from the B-2 Retail Commerce Business District and O Office District into the R-1 Single-Family Suburban Residence District. 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 23`d day of July, 2019. . Ga CITY CLERKQ KEN KOCH AYE DAN TRANSIER AYE JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER ABSENT CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE SEAVER TARULIS AYE JASON PETERSON ABSENT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this -24y of , 2019. s 12 MA O i Ordinance No.2019-38 Page 3 EXHIBIT A Legal Description The legal description is as follows: 02-33-376-014 Southwest Corner E Van Emmon Street and Benjamin Street Currently Zoned B-2 Retail Commerce Business District: That part of the Southwest Quarter of Section 33, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northwest corner of the Northeast Quarter of Section 4, Township 36 North, Range 7 East of the Third Principal Meridian, said point being on the Southerly line of said Section 33; thence South 89 degrees 46 minutes 03 seconds East along the Southerly line of said Section 33, a distance of 374.81 feet; thence North 01 degrees 11 minutes 52 seconds East,parallel with the East line of the Southwest Quarter of said Section 33, a distance of 794.66 feet; thence 88 degrees 28 minutes 34 seconds West 329.70 feet to East line of said Southwest Quarter;thence North 01 degrees 11 minutes 52 seconds along the East line of said Southwest Quarter 1509.25 feet; thence North 82 degrees 54 minutes 15 seconds West 291.36 feet; thence North 07 degrees, 05 minutes, 45 seconds East 326.86 feet to the point on the center line of Van Emmon Road; thence North 82 degrees 54 minutes 15 seconds West along said center line of Van Emmon Road, 66.0 feet to a Northwest corner of a tract of land conveyed to Bruce 0. and Virginia J. Buhrmaster by a Quit Claim Deed recorded December 23, 1983 as Document Number 83-5890 for a point of beginning; thence South 07 degrees 05 minutes 45 seconds West 308.0 feet; thence North 82 degrees 54 minutes 15 seconds West 257.22 feet to the East line of the former Fox and Illinois Union Railway right of Way; thence North 08 degrees 10 minutes 53 seconds East along said East line 17.32 feet thence Northerly along said East line, being along a tangential curve to the left having a radius of 624.08 feet, an arc distance of 300.91 feet to said center line of Van Emmon Road; thence South 82 degrees 54 minutes 15 seconds East along said center line 322.54 feet to the point of beginning in the United City of Yorkville,Kendall County, Illinois. 02-37-376-015 Southeast Corner E Van Emmon Street and Benjamin Street Currently Zoned O Office District: That part of the Southwest Quarter of Section 33, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northwest corner of the Northeast Quarter of Section 4, Township 36 North, Range 7 East of the Third Principal Meridian, said point being on the Southerly line of said Section 33; thence South 89°46'03"East along the Southerly line of said Section 33, a distance of 374.81 feet; thence North 01 °11'S2"East parallel with the East line of the Southwest Quarter of said Section 33, a distance of 794.66 feet; thence South 880 2813411 West 329.70 feet to the East line of said Southwest Quarter;thence North 01 ° 11'S2"East along the East line of said Southwest Quarter 1509.25 feet to a Northeast Corner of a tract of land conveyed to Bruce 0. and Virginia J. Buhrmaster by a Quit Claim Deed recorded on December 23, 1983 as Document 83-5890 for a point of beginning; thence North 820 54115" West 291.36 feet; thence North 07°05'45" East 326.86 feet to a point on the center line of Van Emmon Road; thence South 820 54' 15"East along said center line of Van Emmon Road 161.94 feet; thence South 100 2712511 West 202.20 feet; thence South 76'52'34" East 130.50 feet to said East line; thence South 01 °11'52" West along said East line 111.89 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois.