Ordinance 2022-14 202200010973
DEBBIE GILLETTE
RECORDER-KENDALL COUNTY.IL
RECORDED:6/27/2022 11:45 AM
ORDI: 57.00 RHSPS FEE: 10.00
PAGES: 9
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2022-14
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS,
APPROVING THE SECOND AMENDMENT TO THE ANNEXATION AND PLANNED UNIT
DEVELOPMENT AGREEMENT FOR A PORTION OF THE WINDMILL FARMS DEVELOPMENT
(BW PROPERTIES HOLDINGS,LLC/BRICOLAGE WELLNESS,PLLC)
Passed by the City Council of the
United City of Yorkville, Kendall County, Illinois
This 26th day of April,2022
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 June 21,2022.
Ordinance No.2022-14
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
APPROVING THE SECOND AMENDMENT TO THE ANNEXATION AND PLANNED UNIT
DEVELOPMENT AGREEMENT FOR A PORTION OF THE WINDMILL FARMS DEVELOPMENT
(BW Properties Holdings,LLC/Bricolage Wellness,PLLC)
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, on April 9, 2019, by Ordinance No. 2019-22, the Original Agreement was
amended as it related to 16.21 acres of the Windmill Farms to rezone three (3) parcels to the City's A-1
Agricultural District and B-3 General Business District for the development of a landscape nursery
business (the "First Amendment"); the First Amendment was recorded with the Kendall County
Recorder' s Office on May 2, 2019 as document#201900005298; and,
WHEREAS, BW Properties Holdings, LLC ("Developer") is the contract purchaser of
approximately 1.17 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 Number: 05-03-300-007; 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 operation under the City's B-3 General
Business District for a professional services office use; and,
WHEREAS,the Corporate Authorities conducted a public hearing on the amendment of the
Original Annexation Agreement on April 12, 2022 and the statutory procedures provided in 65 ILCS
5/11-15.1-1, as amended, for the approval of this Second 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 SECOND AMENDMENT TO THE ANNEXATION AGREEMENT
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
Ordinance No.2022-14
Page 1
Mayor and City Clerk are hereby authorized and directed to execute and deliver said Second
Amendment.
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
26th day of April, A.D. 2022.
CITY LERK
KEN KOCH AYE DAN TRANSIER ABSENT
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS ABSENT JASON PETERSON AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this
5- day of M a\f , A.D. 2022.
MAYOR
Ordinance No.2022-14
Page 2
SECOND AMENDMENT
TO THE ANNEXATION AGREEMENT
BETWEEN JAKE LAND GROUP LLC AND THE UNITED CITY OF YORKVILLE
(Windmill Farms)
This Second Amendment (the "Amendment") to the Annexation Agreement dated May
•th
27, 2008,pertaining to the Windmill Farms properties, is entered into this 2(.day of April, 2022,
by and between the United City of Yorkville, Illinois, a municipal corporation (the "City") and
BW Properties Holdings, LLC d/b/a Bricolage Wellness, PPLC, 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, on April 9, 2019, by Ordinance No. 2019-22, the Original Agreement was
amended as it related to 16.21 acres of the Windmill Farms to rezone three (3) parcels to the
City's A-1 Agricultural District and B-3 General Business District for the development of a
landscape nursery business (the "First Amendment"); the First Amendment was recorded with
the Kendall County Recorder' s Office on May 2, 2019 as document#201900005298; and,
WHEREAS, DEVELOPER is the contract purchaser of approximately 1.17 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 Number: 05-03-300-007; 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 DEVELOPER to proceed with operation under the City's B-3 General Business
District for a professional services office use; 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:
1. 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 B-3 General Business
District for parcel 05-03-300-007, 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:
Dawn Leprich-Graves
BW Property Holdings,LLC/Bricolage Wellness, PI.LC
477 E. Butterfield Road
Suite 212
Lombard, IL 60148
With a copy to:
Jeff M. Goldberg
Hinshaw and Culbertson, LLP
151 N. Franklin St.
Suite 2500
Chicago, IL 60606
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 Second 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:
Mayor/
'PAL
-'� ��
City
1p
DEVELOPER
By:
BW roperty oldin LC/Bric e Wellness,PVC
Atte
4 h_
Witness
EXHIBIT A
EXHIBIT A
LEGAL DESCRIPTION
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 ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER 1,995.6
FEET TO THE CENTERLINE OF ILLINOIS ROUTE 71; THENCE NORTHEASTERLY
ALONG SAID CENTERLINE OF ILLINOIS ROUTE 71, 1,411.3 FEET TO THE CENTERLINE
EXTENDED NORTHWESTERLY OF THE PUBLIC ROAD RUNNING SOUTHEASTERLY
FROM SAID ILLINOIS ROUTE 71, COMMONLY KNOWN AS WING ROAD; THENCE
SOUTHEASTERLY ALONG THE EXTENDED CENTERLINE AND THE CENTERLINE OF
SAID PUBLIC ROAD,BEING ALONG A LINE THAT FORMS AN ANGLE OF 93 DEGREES
25 MINUTES TO THE RIGHT WITH THE PROLONGATION NORTHEASTERLY OF THE
TANGENT TO THE CENTERLINE OF SAID ILLINOIS ROUTE 71 AT THE LAST
DESCRIBED POINT, 761 FEET FROM THE POINT OF BEGINNING; THENCE
SOUTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 79 DEGREES 47
MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED LINE
265.6 FEET TO THE CENTERLINE OF ILLINOIS ROUTE 126;THENCE SOUTHEASTERLY
ALONG SAID CENTERLINE OF ILLINOIS ROUTE 126 TO THE CENTERLINE OF THE
EASTERLY FORK OF THE PUBLIC ROAD AFORESAID WHICH RUNS
SOUTHEASTERLY FROM SAID ILLINOIS ROUTE 71; THENCE NORTHWESTERLY
ALONG THE CENTERLINE OF SAID PUBLIC ROAD TO THE POINT OF BEGINNING; IN
THE TOWNSHIP OF KENDALL,KENDALL COUNTY, ILLINOIS.
PIN#05-03-300-007