Ordinance 2020-45 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2020-45
AN ORDINANCE APPROVING SETTLEMENT AND JUDGMENT ORDER
IN THE MATTER OF FOX VALLEY YMCA, INC. vs. UNITED CITY OF YORKVILLE
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 81 day of September,2020
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on September 16,2020.
Ordinance No. 2020-45
AN ORDINANCE APPROVING SETTLEMENT AND JUDGMENT ORDER
IN THE MATTER OF FOX VALLEY FAMIL Y YMCA,INC. vs. UNITED CITY OF YORKVILLE
WHEREAS, in 2001, the United City of Yorkville, Kendall County, Illinois (the "City")
annexed approximately 633 acres of territory, 27.15 acres of which was acquired by the Fox
Valley Family YMCA, Inc. in 2014 and 2015 (the "Plaintiff"); and,
WHEREAS, the Plaintiff petitioned the City to de-annex the 27.15 acres from the City
on the basis that the de-annexation of this area would not disrupt any municipal services, result
in the isolation of any properties within the City's boundaries, disrupt growth prospects or result
in a loss of revenue; and,
WHEREAS, the City maintained that it was not in the best interest to permit the de-
annexation and the Plaintiff commenced legal proceedings before the Circuit Court of Kendall
County, Illinois; and,
WHEREAS, after many discussions regarding the future use of this acreage, the Plaintiff
and the City have agreed on terms to settle the matter of de-annexation as proposed in the
Settlement and Judgment Order attached hereto and made a part hereof; and,
WHEREAS, the Mayor and City Council have reviewed the proposed Settlement and
Judgment Order and believe it to be in the best interests of the City to proceed with the
settlement of this matter in accordance with the terms set forth therein.
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 Settlement and Judgment Order by and between the Fox Valley
Family YMCA, Inc., an Illinois not-for-profit corporation, Plaintiff, and The United City of
Ordinance No.2020-45
Page 2
Yorkville, an Illinois corporation in the form attached hereto and presented to this meeting is
hereby approved and the Mayor is hereby authorized to execute said Agreement.
Section 2. 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
8''day of September, A.D. 2020.
CITY CLERK
KEN KOCH AYE DAN TRANSIER AYE
JACKIE MILSCHEWSKI NAY ARDEN JOE PLOCHER AYE
CHRIS FUNKHOUSER NAY JOEL FRIEDERS AYE
SEAVER TARULIS AYE JASON PETERSON AYE
APPROVED by me, as Mayor of the United City of Yorkville, en a unty, Illinois
this 1J5�day of SEE I-F—M,B4e— , A.D. 2020.
MAYOR
Attest:
CITY CLERK
Ordinance No.2020-45
Page 3
STATE OF ILLINOIS )
ss. i�:k,A" (a e 0- "Dt
COUNTY OF KENDALL )
RE-,'G iRDLFe — KE140ALL LCWRITY, 1L
RECORDED: 10/612020 03:13 PN
LORD: 57.00 RHSPS FEE: 10.00
PA6Ea: 7
IN THE CIRCUIT COURT FOR THE TWENTY THIRD JUDICIAL CIRCUIT
KENDALL COUNTY, ILLINOIS
FILED IN OPEN COURT
FOX VALLEY FAMILY YMCA, Inc., an ) OCT 01 2070
Illinois not-for-profit corporation, ) ROBYN INGEMUNSON
CIRCUIT CLERK KENDALL CO.
)
Plaintiff, )
V. ) Case No. 2016 MR 162
THE UNITED CITY OF YORKVILLE, an )
Illinois municipal corporation, )
Defendant. )
SETTLEMENT AND JUDGMENT ORDER
THIS CAUSE having come on to be heard by this Honorable Court by and through Plaintiff's
Attorney, Law Offices of Daniel J. Kramer and Defendant having been represented by Michelle
LaGrotta; and the Court having considered the positions of the parties in various Pre-trials; and
the parties arriving at a settlement of all issues in this cause,hereby agree to enter into this
Settlement Agreement and Judgment Order by Consent:
SETTLEMENT AGREEMENT
In total settlement of the issues between the parties hereby agree as follows:
A. Plaintiff and Defendant agree that the subject real property owned by the Fox
Valley Family YMCA, Inc., as described in the attached Exhibit A, and located within the United
City of Yorkville, Bristol Township, Kendall County, Illinois (the "Subject Property'), shall be
de-annexed from the City limits of the United City of Yorkville, subject to the following
conditions:
1. Unless one of the exemptions as hereinafter stated in paragraph 3 shall
apply,the Plaintiff agrees that in the event the Plaintiff sells, conveys, leases,gifts or
transfers title to the Subject Property or at any time hereafter sells, conveys, leases,
gifts or transfers any portion of the Subject Property, the Plaintiff shall,prior to any
such sale, conveyance, lease, gift or transfer,join with the grantee or lessee (as the
case may be) to petition the United City of Yorkville to annex the Subject Property
to the United City of Yorkville or prior to the sale, conveyance,lease, gift or transfer
of any portion of the Subject Property, Plaintiff shall join with the grantee or lessee
to petition the United City of Yorkville to annex such portion of the Subject Property
to the United City of Yorkville without any conditions, it being understood that the
Plaintiff, its successors and assigns and the grantee or the lessee shall not withdraw
any petition to annex the Subject Property or any portion thereof. In the event the
transfer of title to the Subject Property,or any portion thereof,does not occur,for any
reason, the Subject Property shall be de-annexed once again.
2 Upon annexation, the Subject Property or any portion thereof shall be zoned B-3
under the Yorkville Municipal Code.
1
3. The following transactions shall be exempt from the provisions in paragraph 1
above:
(i) any lease of a roam or rooms within a structure owned by the
3
Plaintiff or the lease of a structure owned by the Plaintiff to an organization
rendering services in furtherance of the Plaintiffs mission;
(ii) any sale, conveyance, lease, gift or transfer to a not-for-profit
organization providing services as provided by the Plaintiff, it being
understood that such not-for-profit organization shall be bound by this
Settlement and Judgment Order regarding any future sale, conveyance,
lease,gift or transfer; or,
(iii) any conveyance resulting from a merger of the Plaintiff with another
not-for-profit organization which new entity shall provide the services as
provided by the Plaintiff, it being understood that the new not-for-profit
organization shall be bound by this Settlement and Judgment Order
regarding any future sale,conveyance,lease,gift or transfer.
2. Plaintiff and Defendant shall each be responsible for payment of their
respective Attorney's fees and costs incurred in this action.
B. This Settlement Agreement shall run with the land and be binding upon the
successors and assigns of each party hereto.
Fox Valley YMCA,Inc.
uthor' ed Representative
4Dani . Kramer, aw O es of
Daniel J. Kramer, Attorney for
Plaintiff
United City of rkville, an Illinois
municipal co o tion
Mayor
Attest:
Aga
City Clerk
Michelle LaGrot , A orney for the
United City of Yorkville
Law Offices of
Daniel J. Kramer
1107A South Bridge Street
Yorkville, Illinois 60560
630.553.9500
dkramer dankramerlaw.com
STATE OF ILLINOIS ) OFFICIAL SEAL
ss. JORI M BEHLAND
NOTARY PUBLIC-STATE OF ILLINOIS
COUNTY OF KENDALL ) MY COMMISSION EXPIRES:11/2?/20
This instrument was acknowledged before me this (5 day of-&ptWA kr, 2020,by
Tony, Pu II
4ary�
Public
My Commission Expires:
l 1 2 2 2c�
This instrument was prepared by and
after recording, mail this instrument:
Law Offices of
Daniel J. Kramer
1107A South Bridge Street
Yorkville, Illinois 60560
630.553.9500
dkramer r dankramerlaw.com
V �. fil
Exhibit "A"
Parcel ID(s): 02-10-300-010 7.89 Acres Vacant Land, Yorkville, Illinois 60560
That part of the Southwest Quarter of Section 10, Township 37 North, Range 7 East of the Third
Principal Meridian, in the Township of Bristol, Kendall County, Illinois, described as follows:
Commencing at the Southwest corner of the North Half of the Southwest Quarter of Section 10;
thence North along the West line of said Section 2327.17 feet to the centerline of Galena Road
(formerly known as Blackberry and Little Rock Road), thence Southeasterly along said
centerline to the Northerly extension of the East line of Cannonball Trail per Document Number
99886 for the point of beginning; thence continuing Southeasterly along said centerline,to the
East line of the Southwest Quarter of said Section; thence continuing Southeasterly along said
centerline, 251.46 feet; thence South parallel with the East line of said Southwest Quarter, to a
line parallel with and 385.00 feet Southwesterly of, as measured at right angles to,the center line
of Galena Road; thence Northwesterly along said parallel line to the Easterly line of Cannonball
Trail per Document Number 99886; thence Northeasterly along said Easterly line and the
Northeasterly extension thereof,to the point of beginning;
Except that part falling in the following described property: That part of Section 10, Township
37 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at
the intersection of the West line of the lands conveyed to Jerry W. Rider by Warranty Deed dated
October 15, 1911, recorded as Document Number 887135 with a line that is 35 feet Southerly
and parallel with the centerline of Galena Road; thence South 01 degrees 14 minutes 59 seconds
East 380.07 feet along said West line to the point of beginning; thence South 01 degrees 14
minutes 59 seconds East, 686.83 feet along said West line; thence South 87 degrees 52 minutes
17 seconds West, 1179.64 feet to a line that is 35 feet Easterly and parallel with the center line of
Cannonball Trail; thence North 11 degrees 32 minutes 00 seconds East, 1120.36 feet along said
parallel line; thence South 39 minutes 22 seconds East, 1009.05 feet to the point of beginning.
AND
Parcel ID(s): 02-10-300-014 19.26 Acres Vacant Land,Yorkville, Illinois 60560
THAT PART OF THE NORTH 1/2 OF THE SOUTH 1/2 OF SECTION 10, TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4
OF SAID SECTION 10; THENCE NORTH 89 DEGREES 04 MINUTES 27 SECONDS EAST
ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 2661.12 FEET TO THE
NORTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH 00
DEGREES 03 MINUTES 35 SECONDS EAST ALONG THE EAST LINE OF SAID
SOUTHWEST 1/ 117.50 FEET TO THE CENTER LINE OF GALENA ROAD AS
MONUMENTED; THENCE SOUTH 67 DEGREES 13 MINUTES 12 SECONDS EAST
ALONG SAID CENTER LINE 254.02 FEET TO A POINT ON A MONUMENTED LINE
THAT IS 234.10 FEET EASTERLY OF (AS MEASURED PERPENDICULARLY
THERETO)AND PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST 1/4;
THENCE SOUTH 00 DEGREES 03 MINUTES 35 SECONDS EAST ALONG SAID
PARALLEL LINE,417.75 FEET TO POINT ON A LINE THAT IS 385.00 FEET
SOUTHWESTERLY OF (AS MEASURED PERPENDICULARLY THERETO)AND
PARALLEL WITH THE CENTER LINE OF GALENA ROAD, FOR THE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 00 DEGREES 03 MINUTES 35 SECONDS
EAST ALONG SAID MONUMENTED PARALLEL LINE 686.72 FEET TO A POINT ON
THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 10;
THENCE SOUTH 89 DEGREES 03 MINUTES 52 SECONDS WEST ALONG THE SOUTH
LINE OF SAID NORTH 1/2, 705.38 FEET; THENCE NORTH 0 DEGREES 56 MINUTES 08
SECONDS WEST, 245.00 FEET; THENCE SOUTH 89 DEGREES 03 MINUTES 52
SECONDS WEST, 414.71 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF
CANNONBALL TRAIL PER DOCUMENT NUMBER 99886; THENCE NORTH 12
DEGREES 43 MINUTES 19 SECONDS EAST ALONG SAID EASTERLY RIGHT-OF-WAY
LINE, 699.84 FEET; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-
WAY LINE, ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 442.50 FEET,
WHICH CHORD BEARS NORTH 20 DEGREES 11 MINUTES 27 SECONDS EAST,AN
ARC LENGTH OF 115.73 FEET; THENCE NORTH 12 DEGREES 43 MINUTES 19
SECONDS EAST ALONG SAID EASTERLY RIGHT-OF-WAY PER VACATION
DOCUMENT DATED MAY 14, 2001, 51.75 FEET TO A POINT ON A LINE THAT IS
385.00 FEET SOUTHWESTERLY OF (AS MEASURED PERPENDICULARLY THERETO)
AND PARALLEL WITH THE CENTER LINE OF SAID GALENA ROAD; THENCE SOUTH
67 DEGREES 57 MINUTES 16 SECONDS EAST ALONG SAID PARALLEL LINE 290.55
FEET TO A BEND POINT IN SAID PARALLEL LINE; THENCE SOUTH 67 DEGREES 13
MINUTES 12 SECONDS EAST ALONG SAID PARALLEL LINE, 703.39 FEET TO THE
POINT OF BEGINNING; IN THE TOWNSHIP OF BRISTOL,KENDALL COUNTY,
ILLINOIS