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Ordinance 2022-30i ECORDE R -- KENDALL COUNTY, IL RECORDED: 6/21/2023 03:07 PM ORDI: 57.00 RHSPS FEE: 10.00 PAGES: 6 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2022-30 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE REZONING TO THE B-3 GENERAL BUSINESS ZONING DISTRICT OF THE PROPERTY LOCATED AT 107 E. STAGECOACH TRAIL (Graham C Stores) Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 23`d day of August, 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 25, 2022. 0 STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) Ordinance No. 2022-30 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE REZONING TO THE B-3 GENERAL BUSINESS ZONING DISTRICT OF THE PROPERTY LOCATED AT 107 E. STAGECAOCH TRAIL (Graham C Stores) 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, Graham C Stores Company (the "Applicant') is the contract purchaser of an approximately 5.51-acre parcel located at 107 E. Stagecoach Trail ( the "Subject Property") within the corporate limits of the City legally described in Section 2 and as shown on Exhibit A attached hereto and made a part hereof, and is seeking rezoning of the Subject Property into the B-3 General Business District; and, WHEREAS, the Subject Property is currently zoned M-1 Limited Manufacturing District within the City; and, WHEREAS, the Applicant desires to rezone the Subject Property into the B-3 General Business District; and, WHEREAS, the Planning and Zoning Commission convened and held a public hearing on August 10, 2022, to consider the rezoning after publication of notice and notice to property owners within five hundred (500) feet of the Subject Property; and, Ordinance No. 2022-30 Page 1 WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in Section 10-4-1013.4 and made findings of fact and recommendation to the Mayor and City Council (the "Corporate Authorities") for approval of the rezoning; and, 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 Subject Property, legally described as: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4 AND PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5, THENCE SOUTH 89 DEGREES 40 MINUTES 5 SECONDS WEST, ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, 655.52 FEET TO THE TANGENT CENTER LINE OF ILLINOIS STATE ROUTE NO. 47 EXTENDED FROM THE SOUTH; THENCE SOUTH 1 DEGREE 44 MINUTES 7 SECONDS EAST, ALONG SAID TANGENT CENTER LINE AND SAID TANGENT CENTER LINE EXTENDED, 3511.16 FEET; THENCE NORTH 89 DEGREES 29' 40" EAST, 548.60 FEET (THIS POINT HEREINAFTER REFERRED TO POINT "A"); THENCE SOUTH 89 DEGREES 29 MINUTES 40SECONDS WEST, ALONG THE LAST DESCRIBED COURSE, 548.60 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 47 AFORESAID; THENCE SOUTH I DEGREE 44 MINUTES 7 SECONDS EAST, ALONG SAID CENTER LINE, 920.01 FEET TO A POINT ON SAID CENTER LINE, 4431.17 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 5, AS MEASURED ALONG SAID TANGENT CENTER LINE AND SAID TANGENT CENTER LINE EXTENDED, FOR THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 56 MINUTES 7 EAST, 593.08 FEET TO A LINE DRAWN SOUTH 4 DEGREES 21 DEGRES 7 Ordinance No. 2022-30 Page 2 SECONDS EAST FROM SAID POINT "A"; THENCE SOUTH 4 DEGREES 21 MINUTES 7 SECONDS EAST, ALONG SAID LINE, 482.85 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 71; THENCE WESTERLY ALONG SAID CENTERLINE, 589.32 FEET TO THE CENTER LINE OF SAID ILLINOIS STATE ROUTE NO. 47; THENCE NORTHERLY ALONG THE CENTER LINE OF SAID ROUTE 47, 596.73 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. EXCEPTING THEREFROM THE LAND CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED, RECORDED MARCH 17, 2011 AS DOCUMENT NUMBER 20110004835. ALSO EXCEPTING THEREFROM LAND CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED, RECORDED JUNE 15, 2017 AS DOCUMENT NUMBER 201700009111. with Property Index Numbers 05-05-400-050 and 05-04-300-031 into the B-3 General Business 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 23rd day of August, A.D. 2022. KEN KOCH AYE ARDEN JOE PLOCHER AYE CHRIS FUNKHOUSER ABSENT SEAVER TARULIS AYE DAN TRANSIER AYE CRAIG SOLING AYE MATT MAREK AYE M7Y61229goIa.14.04M Ordinance No. 2022-30 Page 3 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this o1 y day of �-1 S� , A.D. 2022. MAYOR Ordinance No. 2022-30 Page 4 EXHIBIT A Legal Description THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4 AND PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5, THENCE SOUTH 89 DEGREES 40 MINUTES 5 SECONDS WEST, ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, 655.52 FEET TO THE TANGENT CENTER LINE OF ILLINOIS STATE ROUTE NO. 47 EXTENDED FROM THE SOUTH; THENCE SOUTH 1 DEGREE 44 MINUTES 7 SECONDS EAST, ALONG SAID TANGENT CENTER LINE AND SAID TANGENT CENTER LINE EXTENDED, 3511.16 FEET; THENCE NORTH 89 DEGREES 29' 40" EAST, 548.60 FEET (THIS POINT HEREINAFTER REFERRED TO POINT "A"); THENCE SOUTH 89 DEGREES 29 MINUTES 40SECONDS WEST, ALONG THE LAST DESCRIBED COURSE, 548.60 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 47 AFORESAID; THENCE SOUTH 1 DEGREE 44 MINUTES 7 SECONDS EAST, ALONG SAID CENTER LINE, 920.01 FEET TO A POINT ON SAID CENTER LINE, 4431.17 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 5, AS MEASURED ALONG SAID TANGENT CENTER LINE AND SAID TANGENT CENTER LINE EXTENDED, FOR THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 56 MINUTES 7 EAST, 593.08 FEET TO A LINE DRAWN SOUTH 4 DEGREES 21 DEGRES 7 SECONDS EAST FROM SAID POINT "A"; THENCE SOUTH 4 DEGREES 21 MINUTES 7 SECONDS EAST, ALONG SAID LINE, 482.85 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 71; THENCE WESTERLY ALONG SAID CENTERLINE, 589.32 FEET TO THE CENTER LINE OF SAID ILLINOIS STATE ROUTE NO. 47; THENCE NORTHERLY ALONG THE CENTER LINE OF SAID ROUTE 47, 596.73 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. EXCEPTING THEREFROM THE LAND CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED, RECORDED MARCH 17, 2011 AS DOCUMENT NUMBER 20110004835. ALSO EXCEPTING THEREFROM LAND CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED, RECORDED JUNE 15, 2017 AS DOCUMENT NUMBER 201700009111.