Ordinance 2022-41202200018676
DEBBIE GILLETTE
RFCORDF.R - KFNDALL COUNTY, IL
RECORDED: 11/22/2022 12:52 PM
ORDI: 57.00 RHSPS FEE: 10.00
PAGES: I I
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2022-41
ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
APPROVING THE THIRD AMENDMENT TO THE ANNEXATION AND PLANNED UNIT
DEVELOPMENT AGREEMENT FOR A PORTION OF THE WINDMILL FARMS DEVELOPMENT
(Restore Church, Inc.)
Passed by the City Council of the
United City of Yorkville, Kendall County, Illinois
This 8' day of November, 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 November 18, 2022.
Ordinance No. 2022-41
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING THE THIRD AMENDMENT TO THE ANNEXATION AND PLANNED UNIT
DEVELOPMENT AGREEMENT FOR A PORTION OF THE WINDMILL FARMS DEVELOPMENT
(Restore Church, Inc.)
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, on April 26, 2022, by Ordinance No. 2022-14, the Original Agreement was
amended a second time as it related to approximately 1.17 acres of the Windmill Farms development to
rezone that property located at 8721 Route 126 to the City's B-3 General Business District for the
operation of a professional services office use (the "Second Amendment"); the Second Amendment was
recorded with the Kendall County Recorder' s Office on June 27, 2022 as document #202200010973;
and,
WHEREAS, Restore Church, Inc. ("Developer") is the owner of approximately 33.4 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: 05-03-300-029, 05-03-300-031 and 05-03-300-033; 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 large religious institution land use; and,
WHEREAS, the Corporate Authorities conducted a public hearing on the third amendment of
the Original Annexation Agreement on October 25, 2022 and the statutory procedures provided in 65
ILCS 5111-15.1-1, as amended, for the approval of this Third Amendment have been complied with.
Ordinance No. 2022-41
Page 2
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 THIRD 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 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
8tn day of November, 2022.
CIT CLERK
KEN KOCH
AYE
DAN TRANSIER
AYE
ARDEN JOE PLOCHER
AYE
CRAIG SOLING
AYE
CHRIS FUNKHOUSER
AYE
MATT MAREK
AYE
SEAVER TARULIS
AYE
JASON PETERSON
ABSENT
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this
Le day of '(� 0 �1'�.Wl l9C �/ , A.D. 2022.
MAYOR
Attest:
CIT CLERK
Ordinance No. 2022-41
Page 3
THIRD AMENDMENT
TO THE ANNEXATION AGREEMENT
BETWEEN JAKE LAND GROUP LLC AND THE UNITED CITY OF YORKVILLE
(Windmill Farms)
This Third Amendment (the "Amendment") to the Annexation Agreement dated May 27,
2008, pertaining to the Windmill Farms properties, is entered into this _ day of October, 2022,
by and between the United City of Yorkville, Illinois, a municipal corporation (the "City") and
Restore Church, Inc., the owner 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, on April 26, 2022, by Ordinance No. 2022-14, the Original Agreement was
amended a second time as it related to approximately 1.17 acres of the Windmill Farms
development to rezone that property located at 8721 Route 126 to the City's B-3 General
Business District for the operation of a professional services office use (the "Second
Amendment"); the Second Amendment was recorded with the Kendall County Recorder' s
Office on June 27, 2022 as document #202200010973; and,
WHEREAS, DEVELOPER is the owner of approximately 33.4 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: 05-03-300-029, 05-03-300-031 and 05-03-300-033; 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 large religious institution land 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 parcels 05-03-300-029, 05-03-300-031 and 05-03-300-033, 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:
Jordan Gash
Restore Church, Inc.
8710 State Route 71
Yorkville, Illinois 60560
With a copy to:
John Philipchuck, Attorney
Cobine West Gensler Philipchuck & Corrigan, Ltd.
I I I East Jefferson Avenue
Naperville, IL 60540
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
Attest:
*iClerk
DEVELOPER
Attest:
InX4�� 'Ap-_
Witness
Exhibit A
PARCEL 1: 05-03-300-029
Legal Description
27.60 AC TR LYG PT SW'/a & PT NW'/a SEC 3-36-7 (EXC PT DESCRBD AS "EXC'
PER DOC 17-16528, PG 5) CITY OF YORKVILLLE
"THAT PART OF THE NORTHEAST, NORTHWEST ANO SOUTHWEST QUARTERS
OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST
CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH 00 DEGREE 10 MINUTES 48
SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST 1 /41284.36
FEET; THENCE SOUTH 89 DEGREES 29 MINUTES 40 SECONDS WEST 680.30
FEET; THENCE NORTH 09 DEGREES 33 MINUTES 27 SECONDS WEST 10.0 FEET
FOR A POINT OF BEGINNING; THENCE NORTH 09 DEGREES 33 MINUTES 27
SECONDS WEST 579.53 FEET TO THE SOUTHEAST CORNER OF A TRACT OF
LANO CONVEYED TO ELSIE BOYD BY A DEED DATED MARCH 26, 1929 AND
RECORDED DECEMBER 14, 1938 IN DEED RECORD BOOK 88 ON PAGE 399;
THENCE NORTH 09 DEGREES 05 MINUTES 24 SECONDS WEST ALONG THE
EAST LINE OF SAID BOYD TRACT 748.57 FEET TO THE CENTER LINE OF
ILLINOIS STATE ROUTE NO. 71; THENCE NORTHEASTERLY ALONG SAID
CENTER LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF
11,459.20 FEET ANO A RADIAL BEARING OF NORTH 26 DEGREES 49 MINUTES 16
SECONDS WEST AT THE LAST DESCRIBED POINT 627.46 FEET; THENCE NORTH
60 DEGREES 02 MINUTES 30 SECONDS EAST ALONG SAID CENTER LINE 332.0
FEET; THENCE SOUTH 12 DEGREES 27 MINUTES 30 SECONDS EAST 264.0
FEET; THENCE SOUTH 84 DEGREES 27 MINUTES 30 SECONDS EAST 202.0
FEET; THENCE NORTH 00 DEGREES 42 MINUTES 30 SECONDS WEST 423.02
FEET TO SAID CENTER LINE; 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 EASTEAL Y OF THE SOUTHWEST
CORNEA 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 SAID SOUTHWEST CORNER; THENCE SOUTH
00 DEGREES 10 MINUTES 48 SECONDS WEST ALONG SAID EAST LINE 1275.36
FEET TO A LINE DRAWN SOUTH 89 DEGREES 40 MINUTES 33 SECONDS EAST
FROM THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 40 MINUTES 33
SECONDS WEST 681.94 FEET TO THE POINT OF BEGINNING IN KENDALL
TOWNSHIP, KENDALL COUNTY, ILLINOIS (EXCEPTING THEREFROM THAT PART
IN THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN)
PARCEL 2: 05-03-300-031
Legal Description
.49 AC TR LYG SW '/ SEC 3-36-7 (EXC PT DESCRBD AS "EXC` PER DOC 17-
16528, PG 5) CITY OF YORKVILLE
THAT PART OF THE WEST 1/2 OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 3; THENCE SOUTH 00
DEGREES 14 MINUTES 45 SECONDS EAST, ALONG THE EAST LINE OF THE
SOUTHWEST 1/4 OF SAID SECTION 3, 1284.36 FEET; THENCE SOUTH 89
DEGREES 50 MINUTES 00 DEGREES WEST, 684.42 FEET; THENCE NORTH 09
DEGREES 30 MINUTES 00 SECONDS WEST, 592.27 FEET; THENCE SOUTH 57
DEGREES 33 MINUTES 55 SECONDS WEST, 327.57 FEET TO THE EASTERLY
LINE OF WING ROAD; THENCE NORTH 21 DEGREES 52 MINUTES 29 SECONDS
WEST, ALONG SAID EASTERLY LINE, 705.85 FEET TO THE SOUTHERLY RIGHT-
OF-WAY LINE OF ILLINOIS ROUTE 71 FOR THE POINT OF BEGINNING; THENCE
SOUTH 21 DEGREES 52 MINUTES 29 SECONDS EAST, ALONG SAID EASTERLY
LINE, 119.0 FEET; THENCE NORTH 68 DEGREES 07 MINUTES 31 SECONDS
EAST, PERPENDICULAR TO SAID EASTERLY LINE, 211.0 FEET; THENCE NORTH
21 DEGREES 52 MINUTES 29 SECONDS WEST PARALLEL WITH SAID EASTERLY
LINE, 131.87 FEET TO SAID SOUTHERLY RIGHT-OF-WAY LINE OF ILLINOIS
ROUTE 71; THENCE SOUTHWESTERLY, ALONG SAID SOUTHERLY RIGHT-OF-
WAY LINE, BEING A CURVE TO THE RIGHT WITH A RADIUS OF 11509.16 FEET,
AN ARC DISTANCE OF 211.36 FEET TO THE POINT OF BEGINNING IN KENDALL
TOWNSHIP, KENDALL COUNTY, ILLINOIS
PARCEL 3: 05-03-300-033
Legal Description
5.40 AC TR LYG SW }/4 SEC 3-36-7 (EXC PT DESCRBD AS "EXC" PER DOC 17-
16528, PG 5) CITY OF YORKVILLE
THAT PART OF THE WEST 1/2 OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 3, THENCE SOUTH 00
DEGREES 14 MINUTES 45 SECONDS EAST ALONG THE EAST LINE OF THE
SOUTHWEST 1/4 OF SAID SECTION 3, 1284.36 FEET; THENCE SOUTH 89
DEGREES 50 MINUTES 00 SECONDS WEST, 684.42 FEET; THENCE NORTH 09
DEGREES 30 MINUTES 00 SECONDS WEST, 592.27 FEET FOR THE POINT OF
BEGINNING; THENCE SOUTH 57 DEGREES 33 MINUTES 55 SECONDS WEST,
327.57 FEET TO THE EASTERLY LINE OF WING ROAD; THENCE NORTH 21
DEGREES 52 MINUTES 29 SECONDS WEST, ALONG SAID EASTERLY LINE,
586.85 FEET TO A POINT ON SAID EASTERLY LINE WHICH IS 119.0 FEET
(MEASURED ALONG SAID EASTERLY LINE) SOUTHEASTERLY OF THE
SOUTHERLY RIGHT-OF-WAY LINE OF ILLJNOIS ROUTE 71; THENCE NORTH 68
DEGREES 07 MINUTES 31 SECONDS EAST, PERPENDICULAR TO SAID
EASTERLY LINE 211 .0 FEET; THENCE NORTH 21 DEGREES 62 MINUTES 29
SECONDS WEST, PARALLEL WITH SAID EASTERLY LINE, 131.87 FEET TO SAID
SOUTHERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71, THENCE
NORTHEASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE BEING A
CURVE TO THE LEFT WITH A RADIUS OF 11509.16 FEET, AN ARC DISTANCE OF
261.03 FEET TO A LINE DRAWN NORTH 09 DEGREES 30 MINUTES 00 SECONDS
WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 09 DEGREES 30
MINUTES 00 SECONDS EAST ALONG SAID LINE 695.72 FEET TO THE POINT OF
BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS.
(Loss and except from Above Parcels 1, 2 & 3 part of the Southwest Quarter and part of
the Northwest Quarter of Section 3, Township 36 North, Range 7 East of the Third
Principal Meridian, described as follows with bearings and distances based upon the
Illinois State Plane Coordinate System, (Grid) East Zone ( NAD-83, 2007 adj.):
Commencing at the southwest corner of said Section 3; thence North 01 degree 35
minutes 30 seconds West 1995.04 feet along the west line of said southwest quarter
section to the centerline of Illinois Route 71; thence North 69 degrees 55 minutes 19
seconds East 262.19 feet along said centerline to the point of curvature of a 11,479.05
foot radius curve to the Jett: thence northeasterly 1163.11 feet along said curve whose
chord bears North 67 degrees 01 minutes 09 seconds East 1162.62 feet; thence South
25 degrees 53 minutes 00 seconds East 50.00 feet to the Point of Beginning on the
southeasterly right of way line of Illinois Route 71; thence northeasterly 1118.45 feet
along said southeasterly right of way line along a 11,529.02 foot radius curve to the left
whose chord bears North 61 degrees 20 minutes 15 seconds East 1116.01 feet: thence
North 58 degrees 33 minutes 29 seconds East 316.42 feet along said right of way line
to the west line of property described In document number 201300024064; thence
South 13 degrees 56 minutes 03 seconds East 15. 73 feet along said west line; thence
South 58 degrees 33 minutes 29 seconds West 65.67 feet; thence South 56 degrees 13
minutes 50 seconds West 246.22 feet to a non -tangential curve to the right; thence
southwesterly 656.26 feet along a 11,554.05 foot radius curve to the right whose chord
bears South 60 degrees 11 minutes 25 seconds West 658.17 feet; thence South 50
degrees 42 minutes 49 seconds Weal 51.33 feet; thence southwesterly 75.56 feet along
o 11,564.05 loot radius curve to the right whose chord bears South 62 degrees 15
minutes 33 seconds West 75.56 feet; thence South 73 degrees 52 minutes 10 seconds
West 76.98 feet; thence southwesterly 226.37 feet along a 11,549.05 foot radius'curve
to the right whose chord bears South 63 degrees 22 minutes 56 seconds West 226.37
feet; thence South 15 degrees 56 minutes 14 seconds West 40.32 feet; thence South
23 degrees 05 minutes 13 seconds East 100.12 feet; thence South 10 degrees 56
minutes 42 seconds East 51.74 feet to the easterly right of way line of Wing Road;
thence North 22 degrees 56 minutes 26 seconds West 200.26 feet along said right of
way line to the Point of Beginning.)