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Ordinance 2023-31 202400004204 DEBBIE GILLETTE RECORDER- KENDALL COUNTY, IL RECORDED:04/19/2024 10:14 AM RECORDING FEE 57.00 PAGES: 8 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2023-31 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS, APPROVING THE FIRST AMENDMENT TO THE ANNEXATION AGREEMENT FOR A PORTION OF THE BRISTOL RIDGE SUBDIVISION (Daniel B Light) Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 10th day of October, 2023 Prepared by and Return to: United City of Yorkville 651 Prairie Pointe Drive 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 October 13, 2023. Ordinance No. 2023-31 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING THE FIRST AMENDMENT TO THE ANNEXATION AGREEMENT FOR A PORTION OF THE BRISTOL RIDGE SUBDIVISION (Daniel B Light) 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, Bristol Ridge, LLC (the "Original Owner") entered into an ANNEXATION AGREEMENT BETWEEN UNITED CITY OF YORKVILLE AND BRISTOL RIDGE, LLC(the "Original Annexation Agreement") dated October 24, 2006 that was approved by the Mayor and City Council (the"Corporate Authorities")by Ordinance No. 2006-126 on October 24, 2006 and recorded with the Kendall County Recorder on May 15, 2007 as document 200700015754; and, WHEREAS, the Original Annexation Agreement provided for the annexation of approximately 190 acres of land 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, Daniel B Light, DEVELOPER is the current owner of an approximate 54- acre property within the Bristol Ridge Subdivision that is legally described on Exhibit A attached hereto and made a part hereof(the"Subject Property") with PIN Number: 02-15-126-004; and, WHEREAS, DEVELOPER has petitioned the City to rezone the Subject Properties 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 A-1 Agricultural District; and, WHEREAS, DEVELOPER has petitioned the City for special use authorization on the Subject Properties in order to permit DEVELOPER to construct and operate a solar farm land use; and, WHEREAS,the Corporate Authorities conducted a public hearing on the amendment of the Original Annexation Agreement on May 30, 2023 and the statutory procedures provided in Ordinance No.2023-31 Page 2 65 ILCS 5/11-15.1-1, as amended, for the approval of this First 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 FIRST AMENDMENT TO THE ANNEXATION AGREEMENT BETWEEN UNITED CITY OF YORKVILLE AND BRISTOL RIDGE, LLC(Bristol Ridge), 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 First 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 l Oth day of October, A.D. 2023. ' kft(L (KWERVI Y CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER NAY MATT MAREK ABSENT SEAVER TARULIS NAY RUSTY CORNEILS AYE JOHN PURCELL AYE APPROVED by me, as Mayor of the United City of Yorkville, ndall County, Illinois this )Pday of 0 0151( , A.D. 2023. MAYOR Ordinance No.2023-31 Page 3 FIRST AMENDMENT TO THE ANNEXATION AGREEMENT BETWEEN UNITED CITY OF YORKVILLE AND BRISTOL RIDGE,LLC (Bristol Ridge) This First Amendment (the "Amendment") to the Annexation Agreement dated October 24, 2006, pertaining to the Bristol Ridge Subdivision, is entered into this 10th day of October, 2023,by and between the United City of Yorkville, Illinois, a municipal corporation(the"City") and Daniel B. Light, the owner of a portion of the Bristol Ridge Subdivision properties (the "DEVELOPER"); and, WHEREAS, Bristol Ridge, LLC (the "Original Owner") entered into an ANNEXATION AGREEMENT BETWEEN UNITED CITY OF YORKVITJ F AND BRISTOL RIDGE, LLC (the "Original Annexation Agreement")dated October 24, 2006 that was approved by the Mayor and City Council (the"Corporate Authorities")by Ordinance No. 2006-126 on October 24, 2006 and recorded with.:the Kendall_County_Tfe txdetomMay15,_2007.as..do zient20070001.5.734; and, WHEREAS, the Original Annexation Agreement provided for the annexation of approximately 190 acres of land 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, Daniel B Light, DEVELOPER is the current owner of an approximate 54- acre property within the Bristol Ridge Subdivision that is legally described on Exhibit.A attached hereto and made a part hereof(the"Subject Property")with PIN Number: 02-15-126-004; 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 A-1 Agricultural District; and, WHEREAS, DEVELOPER has petitioned.the City for special use authorization on the Subject Property in order to permit DEVELOPER to construct and operate a solar farm 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 3 of the Original Annexation Agreement is hereby deleted and replaced with the following: ZONING AND OTHER APPLICABLE ORDINANCES The City has adopted an ordinance annexing to the City the Subject Property and shall adopt an ordinance zoning the Subject Property into the A-1 Agricultural District for parcel 02-15-126-004, which may be further changed without amendment of this Agreement pursuant to the procedures of the Zoning Code. 4. That Paragraph 30, 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: Daniel B Light 104 S. Wynstone Park Drive North Barrington, IL 60010 With a copy to: Kyle C. Barry McGuire Woods LLP 1 North Old State Capitol Plaza, Suite 410 Springfield, IL 62701 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the Original Annexation Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yor.ville,an Illinois municipal Corporation i T By: Mayor 14110Ir- st: • City Clerk DEVELOPER By: 4144241 Daniel B Light PROPERTY OWNER Atte : Witness 0 van GI Qf Lis EXHIBIT A to Application Forms Parcel Legal Description—TPE IL KE105, LLC(02-15-126-004) Note: This legal description is from the Trustee's Deed dated August 8,2017 between First Midwest Bank and Daniel B. Light; Recorded Kendall County,iL 8/31/2017#201700013916 Legal Description: That part of the following described parcel lying easterly of the centerline of Cannonball Trail: A part of the North Half of Section 15,Township 37 North, Range 7, East of the Third Principal Meridian, Described as follows: Commencing at a point on the East line of the Public Highway leading North from Huntsville,in said direction at a point where the easterly line of said highway intersects the southerly line of Elizabeth Rider's Land;thence easterly,along the southerly line of said Elizabeth Rider's Land 31,5 feet,to the southeast corner thereof,thence north at right angles with said first line along the east line of said Rider Land,to the center of said Bristol Road;thence northeasterly,along the center of said highway,to the southerly line of land belonging to Harry C. Eccles;thence southeasterly along the southerly line of said Eccles land,to a point in said southerly line 60 chains from the east line of said Section;thence East,along the said southerly line of said Harry C.Eccles Land to the 8th Section line,and being the west line of N.C. Rider's land;thence south,on said 8th Section line and Rider's west line to the Right of-Wayof C.B.and Q.11 CO.;thence so ithweste-l'y,arong the eNortherly llne orsaid-Right&Way __....__._---.. of said Railroad Co.to where the same is intersected by the northerly line of James Kennedy's land; thence westerly along the north line of said Kennedy's land,to the northwest corner of said James Kennedy's land;thence northerly along the highway to the place of beginning, Including the east half mile of highway westerly and bordering said premises;excepting from the above premises two lots 4 by 8 rods each in the southwest corner of the above described premises,heretofore deeded to Joseph Kennedy and James Kennedy,situated in the town of Bristol, Kendall County,Illinois. Excepting therefrom the following described real estate heretofore conveyed to Commonwealth Edison Company be deed recorded as document no,73-1974,to that part of the north half of.Section 15, Township 37 North, Range 7, East of the Third Principal Meridian,described as follows:Beginning at the intersection of the east line of the west half of the northeast quarter of said Section 15 and the Northwesterly Right of Way line of the Burlington Northern(Formerly Chicago,Burlington and Quincy) Railroad;thence south 74 degrees 19 minutes 17 seconds west along the northerly Right of Way line of said Railroad,a distance of 2910.45 feet to the southeast corner of"Reeves"land described in deed recorded March 13, 1952,as document#101936;thence north 3 degrees 10 minutes 43 seconds west along the easterly line of said"Reeves"land a distance of 12.80 feet to the northeast corner thereof; thence north 81 degrees 50 minutes 18 seconds west along the northerly line"Reeves"land, a distance 340.18 feet to the intersection of said line with a line drawn 150 feet northwesterly of, measured at right angles to,and parallel with the northerly tight of way of said railroad;thence north 74 degrees 19 minutes 17 seconds east along said parallel line a distance of 331.83 feet;thence north 15 degrees 40 minutes 43 seconds west,perpendicular to the last described line,a distance of 40 feet;thence north 74 degrees 19 minutes 17 seconds east along a line of said railroad,a distance of 2941.14 feet to the east line of said west half of the northeast quarter;thence south 0 degrees 13 minutes 40 seconds west along the east line of said west half of the northeast quarter,a distance of 197.57 feet to the point of beginning;all in Kendall County,Illinois, Also Excepting therefrom that part of the northwest of Section 15,Township 37 North, Range 7,East of the Third Principal Meridian as described as follows:Beginning at the intersection of the centerline of Cannonball Trail(Being the center line of State Routs 10,Section 19-15D)and a line drawn parallel with and 80.0 feet,normally distant,southerly of"Elizabeth Rider's Land",thence easterly along said parallel line 239.10 feet;thence southerly at right angles to the last described course,354.96 feet to the north line of a tract of land conveyed to lames Kennedy by Warranty Deed recorded on April 21, 1982,in Book 48 of Deeds, page 480;Thence westerly along said north line, 106.70 feet to the east line,as occupied and monumented,of lands conveyed to George Mewhirter by a Warranty Deed recorded May 1, 1899, in Book 55 of Deeds, Page 25;thence northerly at right angles to the last described course,being along said east line and said east line extended 132.0 feet;thence westerly at right angles to the last described course,190.33 feet to said center line;thence northeasterly along said center line,to the point of beginning, in Bristol Township, Kendall County,Illinois.