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Ordinance 2023-32 202400004205 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. 2023-32 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS, APPROVING THE REZONING TO THE A-1 AGRICULTURAL ZONING DISTRICT OF CERTAIN TERRITORY GENERALLY LOCATED AT EAST OF CANNONBALL TRAIL AND NORTH OF THE BURLINGTON NORTHERN SANTA FE RAILROAD LINE (Bristol Ridge105—Solar Farm) 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. STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) Ordinance No. 2023-32 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE REZONING TO THE A-1 AGRICULTURAL ZONING DISTRICT OF CERTAIN TERRITORY GENERALLY LOCATED AT EAST OF CANNONBALL TRAIL AND NORTH OF THE BURLINGTON NORTHERN SANTA FE RAILROAD LINE (Bristol Ridge 105—Solar Farm) 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, Turning Point Energy, LLC, (the "Applicant") is leasing approximately 26 acres for the proposed installation of a freestanding solar energy systems on the property owned by Daniel B. Light located immediately north of the BNSF railroad line and east of Cannonball 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 A-1 Agricultural Zoning District; and, WHEREAS,the Applicant desires to rezone the Subject Property into the A-1 Agricultural Zoning District; and, WHEREAS, the Planning and Zoning Commission convened and held a public hearing on May 10, 2023, to consider the rezoning after publication of notice and notice to property owners within five hundred (500) feet of the Subject Property; and, WHEREAS,the Planning and Zoning Commission reviewed the standards set forth in Section 10-4-10B.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. Ordinance No.2023-32 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 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 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 315 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 WAY OF C.B. AND Q. RR CO.; THENCE SOUTHWESTERLY, ALONG THE NORTHERLY LINE OF SAID RIGHT OF 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; Ordinance No.2023-32 Page 3 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 JAMES 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. with Property Index Number 02-15-126-004 into the A-1 Agricultural Zoning District. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Ordinance No.2023-32 Page 4 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this l Oth day of October, A.D. 2023. CIT 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, Kendall County, Illinois this trday of C 3 , A.D. 2023. MAYOR Ordinance No.2023-32 Page 5 EXHIBIT A Ordinance No.2023-32 Page 6 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 315 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 Way of C.B. and Q. RR CO.;thence southwesterly, along the Northerly line of said Right of 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 James 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.