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Ordinance 2022-24 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2022-24 AN ORDINANCE APPROVING AN AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND RAGING WAVES, LLC Passed by the City Council of the United City of Yorkville, Kendall County,Illinois This 12th day of July,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 August 31,2022. Ordinance No. 2022 -24 AN ORDINANCE APPROVING AN AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND RAGING WAVES, LLC 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, pursuant to a certain Annexation Agreement dated April 26, 2005, by and among the City, the Betty O'Keefe Family Limited Partnership and certain other owners (collectively, the "Owners") as thereafter from time to time amended (collectively, the "Annexation Agreements") the terms and conditions pertaining to the annexation of approximately 140.9 acres located east of Illinois Route 47 south of Galena Road in Kendall County, Illinois (the "Subject Property") to the City were established; and, WHEREAS, pursuant to the Annexation Agreements, a perpetual, non-exclusive and irrevocable easement legally described on Exhibit A attached hereto (the "Easement") was conveyed to the City and recorded with the Clerk of Kendall County on June 29, 2009, as Document No. 20090014336 for the purpose of permitting the City to install utility service when needed; and, WHEREAS, since the recordation of the Easement, there have been conveyances of the real property upon which the Easement was granted and most recently the Subject Property was conveyed to Raging Waves, LLC an Illinois limited liability company ("Raging Wages"); and, WHEREAS, Raging Waves has submitted a request to the City for authorization to construct a gravel parking area over the Easement which request the City has reviewed and agrees to approve such request in accordance with the terms and conditions as set forth in the Ordinance No.2022-24 Page 1 Agreement Regarding Utility Easement Grant To the United City of Yorkville, Kendall County, Illinois, as attached hereto. 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 Agreement Regarding Utility Easement Grant To the United City of Yorkville, Kendall County, Illinois, 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 Agreement to Raging Waves, LLC 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 12th day of July, 2022. KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS AYE JASON PETERSON AYE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 1 5 day of ,) (i( k/ , 2022. Mayor Attest: • Clerk Ordinance No.2022-24 Page 2 UTILITY EASEMENT GRANT AGREEMENT STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Above Space for Recorder=s Use Only AGREEMENT REGARDING UTILITY EASEMENT GRANT TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS THIS AGREEMENT by and between the United City of Yorkville Kendall County, Illinois (the "City") and Raging Waves, LLC, an Illinois limited liability company (the "New Owner")dated this 1'j, ' day of Jttrre, 2022 regarding certain easement rights. Tull RECITALS: 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, pursuant to a certain Annexation Agreement dated April 26, 2005, by and among the City, the Betty O'Keefe Family Limited Partnership and certain other owners (collectively, the "Owners") as thereafter from time to time amended (collectively, the "Annexation Agreements") the terms and conditions pertaining to the annexation of approximately 140.9 acres located east of Illinois Route 47 south of Galena Road in Kendall County, Illinois (the "Subject Property")to the City were established; and, WHEREAS, pursuant to the Annexation Agreements, a perpetual, non-exclusive and irrevocable easement legally described on Exhibit A attached hereto (the "Easement") was conveyed to the City and recorded with the Clerk of Kendall County on June 29, 2009, as Document No. 20090014336 for the purpose of permitting the City to install utility service when needed; and, WHEREAS, since the recordation of the Easement, there have been conveyances of the real property upon which the Easement was granted and most recently conveyed to the New Owner; and, WHEREAS, the Easement, as established, provided that the construction of any structure or obstruction shall not be permitted over the Easement, including but not limited to any building masonry, wall or curb that would in any manner interfere with the use of the Easement, as reasonably determined by the City; and, WHEREAS, the New Owner has reviewed the Easement and the rights and interest of the City pursuant to its terms and is prepared to acknowledge its limitations of future use by the New Owner over the Easement as hereinafter provided. NOW, THEREFORE, for an in consideration of the mutual covenants hereinafter set forth, the sufficiency of which are hereby acknowledged: 1. The New Owner has informed the City of its intentions to construct a gravel road over the Easement for the sole purpose of providing an employee parking area for those employees serving the business immediately adjacent to the New Owner's property; however, the City has advised the New Owner that parking is only permitted on paved surfaces pursuant to Section 10-16-3-D-5 of the Yorkville Municipal Code. 2. The New Owner has stated that in order to abide by the terms and conditions of the Easement it may not construct or permit the construction of any structure or obstruction over the Easement, including but not limited to any building, masonry, wall or curb which would in any manner interfere with the use of the Easement by the City, as reasonably determined by the City and, therefore, has requested that the City permit a gravel parking area (the "gravel parking area") on its property subject to the following conditions: (a) That the use be seasonal and only on the days the New Owner's adjacent business is operating; (b) That the gravel parking area shall be solely for the use of parking for employee vehicles and not used by the public; and, (c) That the gravel parking area be regularly compacted in order to reduce dust into the environment. 3. The City acknowledges the limitation on the use of the Easement by its terms, and, therefore, agrees that a gravel road for parking purposes is an acceptable use of the Easement so long as the conditions, as hereinabove stated, are met without interruption. 4. The New Owner hereby agrees that in the event the conditions as hereinabove set forth are not continuously met after a thirty (30) day prior notice from the City to the New Owner, the use of a gravel parking area shall immediately cease and enforcement of the Yorkville Municipal Code Section 10-16-3-0-5 shall proceed. 5. This Agreement and the rights and obligations of the parties set forth herein shall be binding upon and shall inure to the benefit of all recorded titleholders of the property underlying the Easement and their respective heirs, representatives, successors and assigns. 6. All notices and other communications in connection with this Agreement shall be in writing and shall be deemed delivered to the addressee thereof(a) when delivered in person on a business day at the address set forth below, or (b) on the third business day after being deposited in any main or branch of the United States post office, for delivery by properly addressed postage prepaid, at the address set forth below, or (c) by facsimile or email transmission, when transmitted to either the facsimile telephone number or email address set forth below, when actually received. To the New Owner: Raging Waves, LLC 4000 North Bridge Street Yorkville, Illinois 60560 To the City: United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates set forth below their respective signatures, to be effective as of the Effective Date. United City of Yorkville Attest: By: By. Mayor � C ty Clerk Date: -TitK y 15 , 2022 Raging Waves, C Attest: By: • �t � .., STATE OF ILLINOIS ) ) SS County of Kendall ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify that: John Purcell, personally known to me to be the Mayor of the United City of Yorkville, and, Joni Behland, personally known to me to be the City Clerk of said City, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Mayor and City Clerk, they signed and delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the City Council of said municipal corporation, as their free and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. Given under my hand and official seal, th' l 5 da of J , 2022. of Publi Alomp Seal"My Commission expires: D� �gNGREGORY ary Public,State of . M}'Conunission Expires 02r2g/2026 llinois This document prepared by: Kathleen Field Orr City Attorney 2024 Hickory Road Suite 205 Homewood, Illinois 60430 STATE OF ILLINOIS ) lib ) SS County of IA lib ) I, ,€iu'1 �, Cal ai , a Notary Public in and for said County and State, do hereby certify that Randy n (,J� — personally known to me to be the same persons whose name is subscribed to the foregoing instrument as the New Owner, appeared before me this day in person and, being duly sworn, acknowledged that 4-141.4 signed, sealed and delivered the said instrument as-l-ktir free and voluntary act, for the uses and purposes therein set forth, and that was duly authorized to execute the said instrument. Overt Given under my hand and seal, this 5 day of � ` ` , 2022. of y Pub • My Commission expires: 0� X k' zOR Official Seal" KATELYN F GREGORY Notary Pubic,State of Illinois My Commission Expires 02i28/2026 Exhibit A Legal Description EXHIBIT A LEGAL DESCRIPTION OF EASEMENT AREA THAT PART OF THE SOUTH HALF OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE SOUTH 89 DEGREES 04 MINUTES 59 SECONDS WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SOUTHWEST QUARTER, 16.50 FEET; THENCE NORTH 16 DEGREES 42 MINUTES 16 SECONDS EAST, 1189.35 FEET; THENCE SOUTH 63 DEGREES 41 MINUTES 49 SECONDS EAST, 348.01 FEET; THENCE SOUTH 82 DEGREES 17 MINUTES 51 SECONDS EAST, 273.90 FEET; THENCE NORTH 83 DEGREES 48 MINUTES 54 SECONDS EAST, 457.38 FEET; THENCE NORTH 75 DEGREES 11 MINUTES 43 SECONDS EAST, 161.52 FEET; THENCE NORTH 50 DEGREES 48 MINUTES 52 SECONDS EAST, 370.95 FEET; THENCE SOUTH 41 DEGREES 27 MINUTES 17 SECONDS EAST, 98.93 FEET; THENCE SOUTH 34 DEGREES 31 MINUTES 25 SECONDS EAST, 75.55 FEET; THENCE SOUTH 17 DEGREES 55 MINUTES 18 SECONDS EAST, 81.80 FEET; THENCE SOUTH 52 DEGREES 51 MINUTES 49 SECONDS EAST, 138.17 FEET; THENCE NORTH 16 DEGREES 02 MINUTES 42 SECONDS EAST, 144.40 FEET; THENCE EASTERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 66.00 FEET AND A CHORD BEARING OF NORTH 82 DEGREES 38 MINUTES 43 SECONDS EAST, AN ARC LENGTH OF 53.91 FEET; THENCE SOUTH 30 DEGREES 45 MINUTES 17 SECONDS EAST, 136.22 FEET; THENCE NORTH 45 DEGREES 00 MINUTES 12 SECONDS EAST, 94.84 FEET; THENCE NORTH 26 DEGREES 54 MINUTES 04 SECONDS EAST, 80.71 FEET; THENCE NORTH 49 DEGREES 36 MINUTES 25 SECONDS EAST, 77.74 FEET; THENCE NORTH 43 DEGREES 43 MINUTES 50 SECONDS EAST, 166.02 FEET; THENCE NORTH 32 DEGREES 29 MINUTES 54 SECONDS EAST, 64.38 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE NORTH 89 DEGREES 03 MINUTES 33 SECONDS EAST, ALONG SAID NORTH LINE, 126.92 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 9, THENCE SOUTH 00 DEGREES 08 MINUTES 06 SECONDS EAST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER, 1325.50 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 01 MINUTES 11 SECONDS WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SOUTHEAST QUARTER, 1328.38 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 04 MINUTES 59 SECONDS WEST, 1326.54 FEET TO THE POINT OF BEGINNING IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS.