Ordinance 2024-36 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2024-36
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, AUTHORIZING THE ACQUISITION OF CERTAIN EASEMENTS FOR THE
CONSTRUCTION OF WATER MAINS
Passed by the City Council of the
United City of Yorkville, Kendall County, Illinois
This 13`h day of August, 2024
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville, Kendall
County,Illinois on August 28, 2024.
Ordinance No. 2024-36
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
AUTHORIZING THE ACQUISITION OF CERTAIN EASEMENTS FOR THE
CONSTRUCTION OF WATER MAINS
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, Yorkville Nexus, LLC, an Illinois limited liability company ("Yorkville
Nexus"), submitted a proposal to the City to develop approximately two hundred seventy-nine
(279) acres at the northeast corner of Eldamain and Faxon Road (the "Development Site"); and
WHEREAS, Yorkville Nexus, as a part of its proposal to the City, requested the City to
extend water services to the Development Site and further agreed to be responsible for all costs
incurred by the City for the engineering design fees, acquisition of required temporary and
permanent easements, and the cost of construction related to water service extended to the
Development Site, and all permit fees for its construction(the "Project"); and
WHEREAS, the City has proceeded to negotiate the acquisition of the easements required
to construct the Project from the owner of certain property along Corneils Road and is prepared to
authorize the acceptance of and payments due for the conveyance of temporary construction
easements and permanent easements (collectively, the "Easements") as hereinafter provided.
NOW,THEREFORE,BE IT ORDAINED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. All of the Preambles hereinabove set forth are incorporated herein as if restated.
Section 2. The following Easements, as attached hereto, are hereby accepted:
Ordinance No. 2024-36
Page 2
1. Permanent Easement dated July 22, 2024, from Howard W. Rosenwinkel as Trustee of
the Howard W. Rosenwinkel Declaration of Living Trust dated March 10, 1992, as to
an undivided 1/6 interest; Rebecca M Rosenwinkel as Trustee of the Rebecca M
Rosenwinkel Declaration of Living Trust dated March 10, 1992, as to an undivided 1/6
interest; Michael Rosenwinkel as Trustee of the Michael Rosenwinkel Declaration of
Living Trust dated May 22, 2000, as to an undivided 1/6 interest; Tamara Rosenwinkel
as Trustee of the Tamara Rosenwinkel Declaration of Living Trust dated May 22,2000,
as to an undivided 1/6 interest; John Rosenwinkel as Trustee under the provisions of a
trust agreement dated the 1 Oth day of October 201 land known as the Rosenwinkel
Family Trust No 501 as to an undivided 1/6 interest; Mark Rosenwinkel as to an
undivided 1/12 interest; and Timothy Rosenwinkel as Trustee of the Timothy
Rosenwinkel Declaration of Living Trust Agreement dated January 15, 2015, as to an
undivided 1/12 interest, collectively, as Grantor, said easement being located within
Parcel Nos. 02-07-400-002, 02-07-400-003, and 02-18-200-002.
2. Temporary Construction Easement dated July 22, 2024, from Howard W. Rosenwinkel
as Trustee of the Howard W. Rosenwinkel Declaration of Living Trust dated March
10, 1992, as to an undivided 1/6 interest; Rebecca M Rosenwinkel as Trustee of the
Rebecca M Rosenwinkel Declaration of Living Trust dated March 10, 1992, as to an
undivided 1/6 interest; Michael Rosenwinkel as Trustee of the Michael Rosenwinkel
Declaration of Living Trust dated May 22, 2000, as to an undivided 1/6 interest;
Tamara Rosenwinkel as Trustee of the Tamara Rosenwinkel Declaration of Living
Trust dated May 22, 2000, as to an undivided 1/6 interest; John Rosenwinkel as Trustee
under the provisions of a trust agreement dated the 10th day of October 2011 and
Ordinance No. 2024-36
Page 3
known as the Rosenwinkel Family Trust No 501 as to an undivided 1/6 interest; Mark
Rosenwinkel as to an undivided 1/12 interest; and Timothy Rosenwinkel as Trustee of
the Timothy Rosenwinkel Declaration of Living Trust Agreement dated January 15,
2015, as to an undivided 1/12 interest, collectively, as Grantor, said easement being
located within Parcel Nos. 02-07-400-002, 02-07-400-003, and 02-18-200-002.
Section 3. The City Council hereby authorizes payment in an amount not to exceed a total
of Seven Thousand Five Hundred Dollars ($7,500) for the Easements hereinabove itemized.
Section 4. This Ordinance shall be in full force and effect after its passage, publication,
and approval as provided by law.
[Remainder of page intentionally left blank; roll call vote follows]
Ordinance No.2024-36
Page 4
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
13th day of August, A.D. 2024.
M14
IT CLERK
KEN KOCH AYE DAN TRANSIER ABSENT
ARDEN JOE PLOCHER AYE 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 Qq ay of , A.D. 2024.
�Ij &
MAYOR
Attest:
CI CLERK
Ordinance No.2024-36
Page 5
202400008394
DEBBIE GILLETTE
RECORDER- KENDALL COUNTY, IL
Owner RECORDED: 07/25/2024 08:07 AM
Address Comeils Road RECORDING FEE 57.00
Yorkville, Illinois 60560 PAGES: 11
County Kendall
P.I.N. Nos. 02-07-400-002, 02-07-400-003 8, 02-18-200-002
TEMPORARY CONSTRUCTION EASEMENT
Howard W. Rosenwinkel as Trustee of the Howard W Rosenwinkel Declaration of Living Trust
dated March 10, 1992, as to an undivided 1/6 interest; Rebecca M Rosenwinkel as Trustee of
the Rebecca M Rosenwinkel Declaration of Living Trust dated March 10, 1992, as to an
undividedl/6 interest Michael Rosenwinkel as Trustee of the Michael Rosenwinkel Declaration
of Living Trust dated May 22, 2000, as to an undivided)/6 interest, Tamara Rosenwinkel as
Trustee of the Tamara Rosenwinkel Declaration of Living Trust dated May 22, 2000, as to an
undivided 116 interest, John Rosenwinkel as Trustee under the provisions of at trust agreement
dated the 10s"day of October 201 land known as the Rosenwinkel Family Trust No 501as to an
undivided 1/6 interest, Mark Rosenwinkel as to an undivided 1/12interest and Timothy
Rosenwinkel as Trustee of the Timothy Rosenwinkel Declaration of Living Trust Agreement
dated January 15, 2015, as to an undivided 1/12 interest(collectively,the"Grantor"),for and in
consideration of One Dollar($1), receipt of which is hereby acknowledged, hereby represents
that Grantor owns the fee simple title to and grants and conveys to the United City of Yorkville,
Kendall County, Illinois, its successors and assignees(Grantee), a temporary construction
easement for the purpose of construction of a watermain and appurtenances thereto, on, over,
and through the real estate legally described on Exhibit A attached hereto (the"Premises").
The right, easement and privilege granted herein shall terminate 5 years from the execution of
this document, or on the completion of the proposed project,whichever is the sooner.
Grantor shall have and retain all rights to use and occupy the Premises and access to Grantor's
remaining property, except as herein expressly granted; provided, however, that Grantor's use
and occupation of the Premises may not interfere with Grantee's use of the Premises for the
purposes herein described.
Grantor, without limiting the interest above granted and conveyed, acknowledges that upon
payment of the agreed consideration, all claims arising out of the above acquisition have been
settled, including without limitation, any diminution in value to any remaining property of the
Grantor caused by the opening, improving and using the P
remises for the watermain. This acknowledgement does not waive any claim for trespass or
negligence against the Grantee or Grantee's agents which may cause damage to the Grantor's
remaining property.
This grant shall constitute a covenant, which runs with the land, and shall be binding upon the
legal representatives, successors and assigns of Grantor.
Kendall County 202400008394 Page 1 of 11
This grant shall constitute a covenant, which runs with the land, and shalt be binding upon the
legal representatives,successors and assigns of Grantor.
Dated this z day of J 202
ay:
Signature
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Kendall County 202400008394 Page 2 of 11
State of Illinois )
)ss
County of Kendall }
1, �b�� Ca uz v%� , a Notary Public in and for the County and State aforesaid, do
hereby certify that Ricca z ( F—osrnwc personally known to me to be the same person(s)
whose name is subscribed to the foregoing instrument, appeared before me this day in person
and acknowledged that he signed, sealed and delivered the said instrument as his free and
voluntary act for the uses and purposes therein set forth.
Given under my hand and official seal, this 2Z A�day of u , 2024.
Noffiry Public
.,OFFICIAL
SEAL"
BIN E GUZMAN
UBLIC.STATE OF ILLINOIS
MISSION NO.326064SSION EXPIRES 1 O/28/2027
State of Illinois }
)ss
County of Kendall )
I, R01I�IL Y_ (-uZ,,-cL A , a Notary Public in and for the County and State aforesaid, do
hereby certify that P-s .— ;I, t personally known to me to be the same person(s)
whose name is subscribed to the foregoing instrument, appeared before me this day in person
and acknowledged that he signed, sealed and delivered the said instrument as his free and
voluntary act for the uses and purposes therein set forth.
Given under my hand an official seal, this nz 'day of u`S IT_, 2021A
Aota4y Public
"OFFICIAL SEAL"
ROBIN E GUZMAN
NOTARY PUBLIC.STATE OF ILLINOIS
COMMISSION NO.326064
MY COMMISSION EXPIRES 1 012 6/20 2 7
Kendall County 202400008394 Page 3 of 11
State of Illinois )
)ss
County of Kendall )
1, Rbl.u- 1�-- 6 uZ*4-OLA- a Notary Public in and for the County and State aforesaid, do
hereby certify that 14o jao,,—,- t2-u5e.+nwt. k4 personally known to me to be the same person(s)
whose name is subscribed to the foregoing instrument, appeared before me this day in person
and acknowledged that he signed, sealed and delivered the said instrument as his free and
voluntary act for the uses and purposes therein set forth.
nL
Given under my hand and official seal, this Z� day of �+ , 2024
N ary Pub ' S E AL"
-OFFICIAL
ROSINc GA a OF LLINOIS
AN
NOTARY PUBLI
COMMISSION NO.326064
EXPIRES 1012612027
MY COMMISSION
State of Illinois )
)ss
County of Kendall )
1, RL'b"', t- 1�"ztY `i a Notary Public in and for the County and State aforesaid, do
hereby certify that F-b.ece lE-szKCJ+ ,personalty known to me to be the same person(s)
whose name is subscribed to the foregoing instrument, appeared before me this day in person
and acknowledged that he signed, sealed and delivered the said instrument as his free and
voluntary act for the uses and purposes therein set forth.
Given under my hand and official seal, this 22 day of J I,1 2024.
Not ry Public
a,OFFICIAL SEAL"
ROBIN E GUZMAN
NOTARY PUBLIC.STATE OF ILLIN018
COMMISSION NO.326064
MY COMMISSION EXPIRES 1012612027
Kendall County 202400008394 Page 4 of 11
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Dated this day of J w 202.E
By:
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Kendall County 202400008394 Page 5 of 11
Dated this day of v ,2024
By:
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Signature
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By,
Signature
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Signature
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Kendall County 202400008394 Page 6 of11
State of Illinois )
)ss
County of Kendall )
I, `n �' a Notary Public in and for the County and State aforesaid, do
hereby certify that 3 A Y, f-os�nl��w�l , personally known to me to be the same person(s)
whose name is subscribed to the foregoing instrument, appeared before me this day in person
and acknowledged that he signed, sealed and delivered the said instrument as his free and
voluntary act for the uses and purposes therein set forth.
Given under my hand and official sea(, this 2-2-day of liJ y 2024.
Not ry Public .�
"OFFICIAL SEAS"
ROBIN E OUZMAN
NOTARY PUBLIC.STATE OF ILLINOIS
COMMISSION NO.326064
MY COMMISSION EXPIRES 1012612027
State of Illinois )
)ss
County of Kendall )
( lab w t= Gu u ��
a Notary Public in and for the County and State aforesaid, do
hereby certify that �tl personally known to me to be the same person(s)
whose name is subscribed tot a foregoing instrument, appeared before me this day in person
and acknowledged that he signed, seated and delivered the said instrument as his free and
voluntary act for the uses and purposes therein set forth.
Given under my hand and official seat, this 2�`day of �1'tij� , 202A
a Z
Notdry Public
"®F�IC!GUZsnA�a
+ROBIN OP ILLINOIS
NOTACOMMIg,giON NO.92606A zz
MY COMMISSION F,CPIRES 10/28�202
Kendall County 202400008394 Page 7 of 11
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Dated this, day of V ;20Z 14
BY.
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Kendall County 202400008394 Page 8 of 11
State of Illinois }
)ss
County of Kendall )
I, J�61-K '�-4 ' uZ u, a Notary Public in and for the County and State aforesaid, do
hereby certify that MAf-1- P.0SC11-oy LLk) personally known to me to be the same person(s)
whose name is subscribed to the foregoing instrument, appeared before me this day in person
and acknowledged that he signed, sealed and delivered the said instrument as his free and
voluntary act for the uses and purposes therein set forth.
a
Given under my hand and official seal, this ZVt day of Jul , 2024.
Not ry Public ,t „_,
CF lcl L SEAL '
? 3N E GUZMAN
€UBLIC,STATE OF ILLINOIS
NO.326064
MY COMMISSION EXPIRES?n12812027
State of Illinois )
}ss
County of Kendall }
1, , a Notary Public in and for the County and State aforesaid, do
hereby certify that , personally known to me to be the same person(s)
whose name is subscribed to the foregoing instrument, appeared before me this day in person
and acknowledged that he signed, sealed and delivered the said instrument as his free and
voluntary act for the uses and purposes therein set forth.
Given under my hand and official seat, this day of , 2024
Notary Public
Kendall County 202400008394 Page 9 of 11
EXHIBIT A
PARCEL C(TEMPORARY CONSTRUCTION EASEMENT)
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 7,TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:BEGINNING AT THE
SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 7;THENCE NORTH 00
DEGREES 44 MINUTES 34 SECONDS WEST,ALONG THE WEST LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 7,20.39 FEET;THENCE NORTH 87 DEGREES 30 MINUTES 49
SECONDS EAST,3.16 FEET TO THE WEST LINE OF THE COMMONWEALTH EDISON PARCEL;
THENCE SOUTH 08 DEGREES 00 MINUTES 36 SECONDS WEST,ALONG SAID WEST LINE,20.73
FEET TO THE POINT OF BEGINNING,ALL IN KENDALL COUNTY, ILLINOIS.
PARCEL D(TEMPORARY CONSTRUCTION EASEMENT)
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 7 AND THE NORTHEAST QUARTER OF
SECTION 18,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST
QUARTER OF SAID SECTION 7;THENCE NORTH 87 DEGREES 30 MINUTES 49 SECONDS EAST,
ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7,752.59 FEET TO
THE EAST LINE OF THE COMMONWEALTH EDISON PARCEL FOR THE POINT OF BEGINNING;
THENCE NORTH 08 DEGREES 00 MINUTES 36 SECONDS EAST,ALONG SAID EAST LINE,20.34
FEET;THENCE NORTH 87 DEGREES 30 MINUTES 49 SECONDS EAST,287.37 FEET;THENCE
NORTH 85 DEGREES 59 MINUTES 29 SECONDS EAST,351.17 FEET;THENCE SOUTH 02
DEGREES 14 MINUTES 50 SECONDS WEST,37.40 FEET TO THE CENTERLINE OF CORNEILS
ROAD AS DESCRIBED AS PARCEL 2 IN DOCUMENT 201900004379:THENCE NORTH 86 DEGREES
16 MINUTES 25 SECONDS WEST,ALONG SAID CENTERLINE,73.35 FEET TO THE SOUTH LINE OF
THE SOUTHEAST QUARTER OF SAID SECTION 7;THENCE SOUTH 87 DEGREES 30 MINUTES 49
SECONDS WEST, 566.12 FEET TO THE POINT OF BEGINNING,ALL IN KENDALL COUNTY,
ILLINOIS.
Kendall County 202400008394 Page 10 of11
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EXHIBIT
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WEST LINE OF THE SE EAST LINE L1F 1 1
1/4 SEC. 7-!'/-/ 1 WEST ONE OF COMNCNwEALTH
COMMONNEALTH EDIS(kl--ARCL1 w�+
N87'30'49'E
I EOISON PARCEL f I
6.25' i t N85'59'29:E r
20.34' N08'00'36"E J 373.22' r
20.34' N87-30'49"E 283.40' ---- ,— O
NOD'44'34"W8'00'36"W I --- —__—__—,------
20.01 -- 1 ----- --- PARCE a -V71LiIY EA"EM;N 1
SB7'30'49"W�� PARCEL A--vPl1TY EASEMENT PARCEL S87'3D'49"W 28— 1
r ,
----
P OU 3.16'"-�I °ARCEL C- TEMPORARY CONSIRUCPOh EASEMENT
--__ - NoeGo'3s"E 1r -- 1
PARCEL A "'�" -"'� �+d PARCEL D- TEMPORARY CONSTRUCTION EASEMENT
20.39' �-- 20.73' _ O
N8T30'49"E 752.59' 20.34' ------"-'^"---- ---_
------""— 566.12' �
NOD'44'34'W— U _ S080036W --------- co
y w_ --',�'-_—"_ -"- -�^ COR;IEILS R0:1D sB7.3o'as"w a
r •' SOUTH LINE OF THI.SL' 1/4 SFC. 1-.17-7
r2637.43'
,v �71 1 as S87'30'49"W P.O.a.PANL'EL O 00
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O`t_. `— P.0.8.PARCEL C �7 O t
4477 P.O.C.PARCELS A.R k D PARCELS A Rr H '4.02? SF/0.32 ACRES 1! O0 i
FOUND IRON PPE PARCELS C & D 14,732 SF/0.34 ACRES o j
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FOI1N:1"INCHED TOP PIPE
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NB5'59'29"E I AT CORNER 0 10 U
N8730'49"E 373.24 ————— ————— --1 SC
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CID
— S85'59'29"W _^—
Pci
ARCEL a- UliLll"EASL'MENI -' .,..--- 35T.1 T' Ito fV an
T^- -- t: N
587'30'49"W 287.37 PARCEt O 1LMPORARY CONSTRUCTION EASEMENT Mi O -� _- _-_� f
------ 566.12' 171
C N86'i6'25"W 2O.Oi' -
S87'30'49"W 2637.43' .. y N86'16'25"W _—
"� SBT30'49"W " //frCUh' I-11 S' RO:i!) - -
LV.! CINI"LINE OF CORNPIS ROAD
AS OFSCR16EO AS PARCE.2 C41 201600004,17�J N OOC
13 Engineering En"rim,Inc.
CONSULTING ENGINEERS
S2 Wheeler Road
Su9at Grove, III(r ols 60554
630.466.6700 / www.eefweb.com
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023 ENLaN RIN ENTEKPRISES INC. FILE N0: Y02319-ROSE-EASE