Ordinance 2024-26 202400007368
DEBBIE GILLETTE
RECORDER-KENDALL COUNTY, IL
RECORDED: 06/28/2024 02:14 PM
RECORDING FEE 67.00
PAGES: 18
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2024-26
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE APPROVING A
MEMORANDUM OF UNDERSTANDING REGARDING
THE EAST VILLAGE OF WESTBURY
Passed by the City Council of the
United City of Yorkville, Kendall County,Illinois
This 28th day of May, 2024
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 June 27, 2024.
Ordinance No. 2024-26
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE APPROVING A
MEMORANDUM OF UNDERSTANDING REGARDING THE EAST VILLAGE OF
WESTBURY
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, Ocean Atlantic/PFG-Westbury, LLC, a Delaware limited liability company
(the "First Developer") acquired, annexed, rezoned and engineered an approved Planned Unit
Development pursuant to an Amendment to Annexation Agreement, Annexation Agreement and
Planned Unit Development Agreement, as amended(the"Planned Unit Development Agreement")
for the East Westbury Subdivision consisting of three hundred(300) acres(the"Acreage")located
in the City; and
WHEREAS, the First Developer was unable to proceed with the construction of the
Planned Unit Development and lost control of and to all rights to the entire Acreage; and,
WHEREAS,the loss of control and all rights resulted in the entire Acreage being currently
owned by the eight(8) owners listed on Exhibit A attached hereto, each owner having remained in
ownership or by having acquired that portion of the Acreage as identified by the parcel numbers
listed with the owner's name (the"Current Owners"); and,
WHEREAS, the Current Owners requested the City to repeal the approved Planned Unit
Development Agreement for the Acreage with the exception of those labeled 4B-E,POD 5-E,POD
6-E and 7-E ("Phase I") further identified on Exhibit B attached hereto, which request the City
was prepared to consider conditioned upon the approval by the Current Owners the terms and
conditions as set forth in the Memorandum of Understanding attached hereto;which has now been
received.
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 foregoing Preambles are hereby made a part of and incorporated into
this Ordinance as if fully restated and in this paragraph 1.
Section 2. The Memorandum of Understanding by and between the City and the
Current Owners, as defined therein, is hereby approved and the Mayor and
City Clerk are hereby authorized to execute said Memorandum.
Section 3. That this ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
Ordinance No.2024-26
Page 2
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
28th day of May,A.D. 2024.
Y CLERK
KEN KOCH ABSENT DAN TRANSIER AYE
ARDEN JOE PLOCHER ABSENT CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE RUSTY CORNEILS AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this IJ*day of J(1( e_ ,A.D. 2024.
MAYOR
Ordinance No.2024-26
Page 3
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EAST VILLAGE 441
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MEMORANDUM OF UNDERSTANDING REGARDING
THE REPEAL OF A PLANNED UNIT DEVELOPMENT AGREEMENT
FOR THE EAST VILLAGE OF WESTBURY,THE
UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS
WHEREAS, Ocean Atlantic/PFG-Westbury, LLC, a Delaware limited liability company (the "First
Developer")acquired,annexed,rezoned and engineered an approved Planned Unit Development pursuant
to An Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development
Agreement,as amended(the"Planned Unit Development Agreement")for the East Westbury Subdivision
consisting of three hundred (300) acres (the "Acreage") located in the United City of Yorkville, Kendall
County,Illinois(the"City"); and,
WHEREAS, the First Developer was unable to proceed with the construction of the Planned Unit
Development and lost control of and to all rights to the entire Acreage; and,
WHEREAS,the loss of control and all rights resulted in the entire Acreage being currently owned by the
eight(8)owners listed on Exhibit A attached hereto,each owner having remained in ownership or by having
acquired that portion of the Acreage as identified by the parcel numbers listed with the owner's name(the
"Current Owners");and,
WHEREAS,the Current Owners have requested the City to repeal the approved Planned Unit Development
Agreement for the Acreage with the exception of those labeled 4B-E,POD 5-E,POD 6-E and 7-E("Phase
I")further identified on Exhibit B attached hereto,which request the City is prepared to consider conditioned
upon the written confirmation from each of the Current Owners of their acceptance of the terms and
conditions hereinafter set forth.
NOW,THEREFORE, in consideration of the covenants and promises hereinafter set forth,the sufficiency
of which is hereby acknowledged by the City and the Current Owners, the City and each of the Current
Owners agree as follows:
1. The foregoing Preambles are hereby made a part of and incorporated into this Memorandum
of Understanding as if fully restated and in this paragraph 1.
2. The City hereby agrees to repeal Ordinance No. 2004-36 adopted by the Mayor and City
Council (the "Corporate Authorities") on September 9, 2004, as follows, subject to the
satisfaction of the conditions set forth in paragraph 3 below:
a. That the Acreage shall immediately be rezoned R-2 Single-Family Traditional Residence
District,said R-2 District being its underlying zoning district for the Acreage;and,
b. With reference to Parcels Numbered 02-08-200-018 (2.91 acres)and 02-06-400-012 (3.93
acres),owned by John Undesser and Cynthia Undesser,the classification of said parcels as
R-2 Single Family Traditional Residence,shall not affect the current uses of the parcels(i.e.
farming operations, hay, straw, grain storage, truck and trailers, repairs and maintenance,
and recreational vehicles). The foregoing non-commercial uses of the property are
acknowledged by the City to be, and shall remain as, Legal Non-Conforming Uses in the
Zoning District.
c. That all obligations and conditions for development of the Acreage as set forth in the
Planned Unit Development Agreement shall be deemed cancelled upon the repeal of
Ordinance No. 2004-36 adopted by the Corporate Authorities on September 9,2004, and
Ordinance No. 2006-34 on April 25, 2006, with exception and exclusion of the area
designated as Phase I. As part of this proposed ordinance repeal, Phase I will retain its
current rights to build 85 units of Single Family,and 307 units of multi-plex/townhomes,
both as marked on Exhibit B;and,
d. That whenever development of the Acreage occurs, with the exception of Phase I, all
development approvals shall be subject to all procedures required for approvals as of the
time of development and all fees, land donations and assessments shall apply to the
Acreage as are applicable to all developments within the R-2 zoning district.
e. That the foregoing covenants and agreements are contingent upon(i)a written release from
Yorkville's School District 115 and the City of the 18.1 acres dedicated as school/park
site as stated in Paragraph 14 of Ordinance No. 2004-36 and adopted by the Corporate
Authorities on September,9,2004; (ii)the Current Owner of Phase I identified as PIN 02-
08-400-004 agrees to proceed with the development of residential units on 96.59 acres;and
(iii)the Current Owner of the Phase I agrees to pay outstanding fees owed to the City in
the amount of$418,952.50 for Rob Roy Storm Sewer Outfall installation and previously
incurred engineering consultant fees in accordance with the terms and conditions
negotiated between said Current Owner and the City from the proceeds of an initial closing
to a home builder.
3. This Memorandum of Agreement may be signed in counterparts.
Dated this L day of ��V�. ,202X 4
United City of Yorkville,Kendall County,
Illinois,a municip orporation
By:
Mayor
Attest:
Ci kr
PIN No. 02-05-400-013
Sig
Victor E. Toro Ceja iI/15/ a3
Attest:
Marl x A. Toro ‘I f 151 o"l 3
both as marked on Exhibit B;and,
d. That whenever development of the Acreage occurs, with the exception of Phase I, all
development approvals shall be subject to all procedures required for approvals as of the
time of development and all fees, land donations and assessments shall apply to the
Acreage as are applicable to all developments within the R-2 zoning district.
e. That the foregoing covenants and agreements are contingent upon(i)a written release from
Yorkville's School District 115 and the City of the 18.1 acres dedicated as school/park
site as stated in Paragraph 14 of Ordinance No. 2004-36 and adopted by the Corporate
Authorities on September,9,2004; (ii)the Current Owner of Phase I identified as PIN 02-
08-400-004 agrees to proceed with the development of residential units on 96.59 acres;and
(iii)the Current Owner of the Phase I agrees to pay outstanding fees owed to the City in
the amount of$418,952.50 for Rob Roy Storm Sewer Outfall installation and previously
incurred engineering consultant fees in accordance with the terms and conditions
negotiated between said Current Owner and the City from the proceeds of an initial closing
to a home builder.
3. ThisiVlemorandum of Agreeme t may be signed in counterparts.
j
Dated this QV day of ,2023.
United City of Yorkville, Kendall County,
Illinois,a municipal corporation
By:
Mayor
Attest:
City Clerk
Each Owner]
By:
Attes
Pi t o. 02 - 05- 400 - oo5
PIn1 N"0. 02 - 0$ - 200 - 030
both as marked on Exhibit B;and,
d. That whenever development of the Acreage occurs, with the exception of Phase I, all
development approvals shall be subject to all procedures required for approvals as of the
time of development and all fees, land donations and assessments shall apply to the
Acreage as are applicable to all developments within the R-2 zoning district.
e. That the foregoing covenants and agreements are contingent upon(i)a written release from
Yorkville's School District 115 and the City of the 18.1 acres dedicated as school/park
site as stated in Paragraph 14 of Ordinance No. 2004-36 and adopted by the Corporate
Authorities on September,9,2004; (ii)the Current Owner of Phase I identified as PIN 02-
08-400-004 agrees to proceed with the development of residential units on 96.59 acres;and
(iii) the Current Owner of the Phase I agrees to pay outstanding fees owed to the City in
the amount of$418,952.50 for Rob Roy Storm Sewer Outfall installation and previously
incurred engineering consultant fees in accordance with the terms and conditions
negotiated between said Current Owner and the City from the proceeds of an initial closing
to a home builder.
3. This Memorandum of Agre ent may be signed in counterparts.
Dated this , -eI day of ,2023.
United City of Yorkville,Kendall County,
Illinois,a municipal corporation
By:
Mayor
Attest:
City Clerk
[List Each Ownerr
By:
Attest:
1)10 No • oa - pi - goo - 003
pi') No. o - o$ - aoo- oa41
d. That the foregoing covenants and agreements are contingent upon(i)a written release from
Yorkville's School District 115 and the City of the 18.1 acres dedicated as school/park
site as stated in Paragraph 14 of Ordinance No. 2004-36 and adopted by the Corporate
Authorities on September, 9, 2004; (ii)the Current Owner of Phase I identified as PIN 02-
08-400-004 agrees to proceed with the development of residential units on 96.59 acres;and
(iii) the Current Owner of the Phase I agrees to pay outstanding fees owed to the City in
the amount of$418,952.50 for Rob Roy Storm Sewer Outfall installation and previously
incurred engineering consultant fees in accordance with the terms and conditions
negotiated between said Current Owner and the City from the proceeds of an initial closing
to a home builder.
3. This Memorandum of Agreement inlay be signed in counterparts.
Dated this day of , 2023.
9
United City of Yorkville, Kendall County,
Illinois, a municipal corporation
By:
Mayor
Attest:
City Clerk
[List Each Owner]
PE IW,p
��`.Q,��of ii�,N �y�'•. By:
Cakeradejek_ezlepalaa
z.
By: 4 C�'
o0 - of
44 /
Attest: ,
d. That the foregoing covenants and agreements are contingent upon(i)a written release from
Yorkville's School District 115 and the City of the 18.1 acres dedicated as school/park
site as stated in Paragraph 14 of Ordinance No. 2004-36 and adopted by the Corporate
Authorities on September,9,2004;(ii)the Current Owner of Phase I identified as PIN 02-
08-400-004 agrees to proceed with the development of residential units on 96.59 acres;and
(iii)the Current Owner of the Phase I agrees to pay outstanding fees owed to the City in
the amount of$418,952.50 for Rob Roy Storm Sewer Outfall installation and previously
incurred engineering consultant fees in accordance with the terms and conditions
negotiated between said Current Owner and the City from the proceeds of an initial closing
to a home builder.
3. This Memorandum of Agreement may be signed in counterparts.
Dated this '` day of 44 C.a ( ,2023.
United City of Yorkville,Kendall County,
Illinois,a municipal corporation
By:
Mayor
Attest:
City Clerk
[List Each
By:
Attest:
likeAr
PIP
PIN No . 09 - 05-- L400 - o1q
.'`�AEi A W,p'''•..
•.S�P�E OF III jN.. ?>�"
'�i�f Sf Old 0 �e
2
both as marked on Exhibit B;and,
d. That whenever development of the Acreage occurs, with the exception of Phase I, all
development approvals shall be subject to all procedures required for approvals as of the
time of development and all fees, land donations and assessments shall apply to the
Acreage as are applicable to all developments within the R-2 zoning district.
e. That the foregoing covenants and agreements are contingent upon(i)a written release from
Yorkville's School District 115 and the City of the 18.1 acres dedicated as school/park
site as stated in Paragraph 14 of Ordinance No. 2004-36 and adopted by the Corporate
Authorities on September,9,2004; (ii)the Current Owner of Phase I identified as PIN 02-
08-400-004 agrees to proceed with the development of residential units on 96.59 acres;and
(iii)the Current Owner of the Phase I agrees to pay outstanding fees owed to the City in
the amount of$418,952.50 for Rob Roy Storm Sewer Outfall installation and previously
incurred engineering consultant fees in accordance with the terms and conditions
negotiated between said Current Owner and the City from the proceeds of an initial closing
to a home builder.
3. This Memorandum
of Agreement may be signed in counterparts.
Dated thi (
s 1 day of ' ` V 2023.
United City of Yorkville, Kendall County,
Illinois,a municipal corporation
By:
Mayor
Attest:
City Clerk
[List Each Owner]
By: / r ✓�
Attest:
6/ / CAMILE TAYLOR
�/ 20 z3 NOTARY PUBLIC,STATE OF NEW YORK
` Registration No.01TA6137717
Qualified in Nassau County
Commission Expires January 8,2026
Pt J No oa - o$ - -100- 00(4
SIGNATURE PAGE ADDENDUM
TO
MEMORANDUM OF UNDERSTANDING
P t N No, Ca- OS- too- oia
PIN No . oa -o2 - aoo - 013
Jo . Undesser, survivor in Joint Tenancy of himself and
Cynthia K. Undesser, Deceased.
10318 Galena Road
Bristol, IL 60512
BRISTOL VENTURES, LLC,
AN ILLINOIS LIMITED LIABILITY COMPANY
AGREED AND APPROVED:
BRISTOL VENTURES, LLC,
AN ILLINOIS LIMITED LIABILITY COMPANY
BY: Mcts-k,LG-
John Undesser
10318 Galena Road
Bristol, IL 60512
BY:
Richard A. Undesser, Jr.
1162 Chicago Road
Friendship, WI 53934
Being all of the Members and Managers of
BRISTOL VENTURES, LLC,
AN ILLINOIS LIMITED LIABILITY COMPANY
S:\Shared 2021\REAL ESTATE\UNDESSER\SIGNATURE PAGE ADDENDUM.June 5.docx
SIGNATURE PAGE ADDENDUM
TO
MEMORANDUM OF UNDERSTANDING
BRISTOL VENTURES, LLC,
AN ILLINOIS LIMITED LIABILITY COMPANY
AGREED AND APPROVED:
BRISTOL VENTURES, LLC,
AN ILLINOIS LIMITED LIABILITY COMPANY P 1 N WO . 0 2 -0$ - 2-00- 019
:':::
o2 - o$ -- Zoo-BY: 02 -
hn Undesser
10318 Galena Road PIN N p. 0 2. - 05 - WOO- OW
Bristol, IL 60512
9 1 j1 NO • 02 - 0k3 - 200 - 0 2.2
BY: dtiagi442
14421.4A_
Richard A. Undesser, Jr.
1162 Chicago Road
Friendship, WI 53934
Being all of the Members and Managers of
BRISTOL VENTURES, LLC,
AN ILLINOIS LIMITED LIABILITY COMPANY
C:\Data\Shared 2021\REAL ESTATE\UNDESSER\SIGNATURE PAGE ADDENDUM.docx
ADDENDUM TO MEMORANDUM OF UNDERSTANDING
REGARDING THE REPEAL OF A PLANNED UNIT DEVELOPMENT
AGREEMENT FOR THE EAST VILLAGE OF WESTBURY,THE
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS FOR THE
BENEFIT OF MARILEX TORO AND VICTOR TORO
NOW COMES, the United City of Yorkville,hereinafter referred to as"City",and
MARILEX TORO and VOCTOR TORO who to supplement and make a part of any Ordinance
including the Memorandum of Understanding Memorandum of Understanding Regarding the
Repeal of a Planned Unit Development Agreement for the East Village of Westbury,the United
City of Yorkville, Kendall County, Illinois for the benefit of MARILEX TORO AND VICTOR
TORO agree to the following additional language as it affects the Real Property owned by
MARILEX TORO AND VICTOR TORO in the United City of Yorkville, Kendall County:
1. WHEREAS, MARILEX TORO AND VICTOR TORO have agreed to enter into
and execute the Memorandum of Understanding Memorandum of Understanding
Regarding the Repeal of a Planned Unit Development Agreement for the East
Village of Westbury,the United City of Yorkville, Kendall County, Illinois for
the benefit of MARILEX TORO AND VICTOR TORO to which this Addendum
is attached.
2. They are the Owners of Fee Title to real property identified as Tax Parcel No. 02-
05-400-013, a copy of which is attached hereto and incorporated herein by
reference.
3. That they were the Purchasers of a Single Family Residence and outbuilding
formerly used as a turkey processing plant by the Undesser Family,the Owners of
some of the adjoining land to the subject real property owned by MARILEX
TORO AND VICTOR TORO.
1
4. That in repealing the Planned Unit Development Agreement for Westbury
Subdivision, it is the desire of MARILEX TORO AND VICTOR TORO to have
their property revert to an A-1 Zoning Class in the United City of Yorkville.
5. MARILEX TORO AND VICTOR TORO wish to retain the current uses on the
subject property which is a car repair shop fully contained within the outbuilding
located on the above referenced tax parcel number that was used for a turkey
processing plant by the Undesser Family; and to permit indoor storage within said
building; all of which would be legal nonconforming uses to which they are
entitled to maintain under the United City of Yorkville A-1 Agricultural Zoning
District.
6. Nothing contained in the attached original Memorandum of Understanding
regarding the repeal of the Planned Unit Development Agreement for the East
Village of Westbury, or any Ordinance passed hereby shall impede or otherwise
li cause any interruption of the legal nonconforming uses of MARILEX TORO
AND VICTOR TORO thereof.
7. That this Addendum shall be attached to the Memorandum of Understanding
Memorandum of Understanding Regarding the Repeal of a Planned Unit
Development Agreement for the East Village of Westbury,the United City of
Yorkville, Kendall County, Illinois for the benefit of MARILEX TORO AND
VICTOR TORO, and the Ordinance to be passed by the United City of Yorkville
repealing the Planned Unit Development for the East Village of Westbury
Subdivision.
2
The United City of Yorkville
By:
Mayor
I A tOkiONj(
Ci - 4
Dated: ' / L I 3 q
3
fi ::;
Marilex Toro
Dated: I l - 15 - 2 3
Victor Toro
Dated: << - l 5 - ,23
STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
Marilex and Victor Toro, being first duly sworn on oath, deposes and states that they are
the Petitioner herein; that they have read the above and foregoing Addendum to the
Memorandum of Understanding and know the contents thereof; and that the same are true and
correct.
M 'le oro
Victor Toro
Subscribed and sworn before me this Prepared by& Return to:
I 51( day of In 0 , 2023 Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
f a � , . 630-553-9500
Not., = kFI 1IAL SEAL"
ROBIN E GUZMAN
NOTARY PUBLIC,STATE OF ILLINOIS
COMMISSION NO.328084
MY COMMISSION EXPIRES 10/26/2027 4