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Ordinance 2024-46 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2024-46 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 271" 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.2024-46 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.2024-46 Page 2 1. Permanent Easement dated August 16, 2024, from Florian Czinki, Trustee of the Florian Czinki Declaration of Trust, as Grantor, said easement being located within Parcel No. 02-17-201-002. 2. Temporary Construction Easement dated August 16, 2024, from Florian Czinki, Trustee of the Florian Czinki Declaration of Trust, as Grantor, said easement being located within Parcel No. 02-17-201-002. Section 3. The City Council hereby authorizes payment in an amount not to exceed a total of Seven Thousand Five Hundred Dollars ($1,190) 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. 2024-46 Page 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 27th day of August, A.D. 2024. f n � ITY' CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS ABSENT RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this day of ry7ter , A.D. 2024. i MAYOR Attest: Cl CLERK l� Ordinance No.2024-46 Page 4 Owner Florian Czinki Declaration of Trust Address 10210 Corneils Road Plano, Illinois 60545 County Kendall P.I.N. Nos. 02-17-201-002 PERMANENT EASEMENT 202400010438 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 09/06/2024 09:04 AM RECORDING FEE 69.00 PAGES: 4 Florian Czinki, Trustee of the Florian Czinki Declaration of Trust (the "Grantor"), for and in consideration of One Dollar ($1), receipt of which is hereby acknowledged, represents that Grantor owns the fee simple title to and hereby grants and conveys to the :United City of Yorkville, Kendall County, Illinois, its successor and assignees (Grantee), a permanent easement for the purpose of construction and maintenance of a water main and all appurtenances thereto, on, over, and through the real estate legally described on Exhibit A attached hereto. Along with the right of access from Corneils Road thereto (the "Premises"). 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 regaining property of the Grantor caused by the opening, improving and using the Premises 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. Dated this � }tiL day of 292326aq By. Signature Printed Name By: Signature Printed Name 4 State of Illinois } )SS County of Kendall ) I, Nuua%ootary 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. ! �, r G' en un er my hand nd official seal, this day of d" , 2en.26z Notary Public OFFICIAL SEAL i CATHERINE A MAURICIO NOTARY PUBLIC. STATE OF ILLINOIS i MY COMMISSION EXPIRES. 6118/2025 State of Illinois } ss County of Kendall ) I, , 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 seal, this day of , 2023. Notary Public This instrument was prepared by. After recording, return to: Kathleen Field Orr United City of Yorkville 2024 Hickory Road, Suite 205 651 Prairie Pointe Homewood, Illinois 60430 Yorkville, Illinois 60560 EXHIBIT A PARCEL A (20' UTILITY EASEMENT) THAT PART OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 207 IN CALEDONIA SUBDIVISION, PHASE 3; THENCE NORTH 00 DEGREES 54 MINUTES 58 SECONDS WEST, ALONG THE WEST LINE OF CORNEILS ROAD DEDICATED ON CALEDONIA SUBDIVISION, PHASE 3 PLAT, 16.79 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 31 MINUTES 01 SECONDS WEST, 397.40 FEET; THENCE SOUTH 42 DEGREES 31 MINUTES 01 SECONDS WEST, 35.67 FEET; THENCE SOUTH 87 DEGREES 42 MINUTES 05 SECONDS WEST, 18.06 FEET TO THE EAST LINE OF LOT 204 IN CALEDONIA SUBDIVISION, PHASE 3; THENCE NORTH 00 DEGREES 54 MINUTES 58 SECONDS WEST, ALONG SAID EAST LINE AND THE EAST LINE OF CORNEILS ROAD DEDICATED ON SAID PLAT, 20.01 FEET; THENCE NORTH 87 DEGREES 42 MINUTES 05 SECONDS EAST; 9.26 FEET; THENCE NORTH 42 DEGREES 31 MINUTES 01 SECONDS EAST, 35,63 FEET; THENCE NORTH 87 DEGREES 31 MINUTES 01 SECONDS EAST, 406.24 FEET TO THE WEST LINE OF CORNEILS ROAD DEDICATED ON SAID CALEDONIA SUBDIVISION, PHASE 3 PLAT; THENCE SOUTH 00 DEGREES 54 MINUTES 58 SECONDS EAST, ALONG SAID WEST LINE, 20.01 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. EXHIBIT 3.22' S00'54'S8"E PARCEL B - TEMPORARY CONSTRUCTION EASEMENT 20.01' soo•54'58"E o N87'31'01" E _ — N87'31'01"E 406.24� PARCEL A - UTILITY EASEMENT S00'S4'S8"E �I �j,� ��/ S87'31'01"W ! 97.40' ,,,»------�-�.� 397.40' 1.78' N0p'54'58"W �I�9,�jh/ / ~--- 3Nr PARCEL B TEMPORARY CONSTRUCTION EASEMENT - S�PUDE -- -- CORNEILS RD J ���` !!_„ ��!_,�,��«�_,»�.«�� �r 9.26' g//p'� �«�---- r --- 369.57' P.o.B. k /� U, S87'31'01"W PARCEL A LOT 207 NI ! J �ti�� / r;• c J 20' LANDSCAPE EA5 SNENT Z �I18,06' / fiy, b P.O.B. — — — - S87 42'05"W / O� PARCEL B 4 J r J / 35 PUDE p'c — — — — P.O.C. _--�7 r 31 PARCEL A 9023 SF/ 0.21 ACRES PARCEL A LOT 204 ,27' S87 42'05W PARCEL B 9841 SF/ 0.23 ACRES PARCEL B C•J r JJ 1 lrr, n.`w rJr . / Engineering Enterprises, Inc. CONSULTING ENGINEERS 52 Wheeler Road Sugar Grove, Illinois 60554 630.466.6700 / www.eeiweb.com (COPYRIGHT © 2023 ENGINEERING ENTERPRISES, INC. 0 40 80 SCALE FEET PROJECT NO: Y02319 FILE NO: Y0231 9—CZIN KI —EASE 202400010439 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL Owner Florian Czinki Declaration of Trust RECORDED: 09/06/2024 09:04 AM Address 10210 Corneils Road RECORDING FEE 69.00 Plano, Illinois 60545 PAGES: 4 County Kendall P.I.N. Nos. 02-17-201-002 TEMPORARY CONSTRUCTION EASEMENT Florian Czinki, Trustees of the Florian Czinki Declaration of Trust (collectively, the "Grantor"), for and in consideration of One Collar ($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, the first to occue. 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 Premises 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. Dated this stay of , 2023. By: Signature Printed Name By: Signature Printed Name State of Illinois ) ) ss County of Kendall ) I,A, M&Ma 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 h and official seal, this day of , Notary Public p IF'CIAL S'A' 4 CATHERINE A MAURIC10 ply NOTARY PUBLIC, STATE OF ILL �. MY COMMISSION EXPIRES: 6118f2025 State of Illinois ) ) ss County of Kendall ) I, , 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, 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 seal, this day of , 2023. Notary Public This instrument was prepared by: After recording, return to: Kathleen Field Orr United City of Yorkville 2024 Hickory Road, Suite 205 651 Prairie Pointe Homewood, Illinois 60430 Yorkville, Illinois 60560 EXHIBIT A PARCEL B (TEMPORARY CONSTRUCTION EASEMENT) THAT PART OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 207 IN CALEDONIA SUBDIVISION, PHASE 3; THENCE NORTH 00 DEGREES 54 MINUTES 58 SECONDS WEST, ALONG THE WEST LINE OF CORNEILS ROAD DEDICATED ON CALEDONIA SUBDIVISION, PHASE 3 PLAT, 1.78 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 31 MINUTES 01 SECONDS WEST, 369.57 FEET; THENCE SOUTH 42 DEGREES 31 MINUTES 01 SECONDS WEST, 56.94 FEET; THENCE SOUTH 87 DEGREES 42 MINUTES fly SECONDS WEST, 31.27 FEET TO THE EAST LINE OF LOT 204 IN CALEDONIA SUBDIVISION, PHASE 3; THENCE NORTH 00 DEGREES 54 MINUTES 58 SECONDS WEST, ALONG SAID EAST LINE AND THE EAST LINE OF CORNEILS ROAD DEDICATED ON SAID PLAT, 78.42 FEET TO THE NORTH LINE OF SAID SECTION 17; THENCE NORTH 87 DEGREES 31 MINUTES 01 SECONDS EAST, ALONG SAID NORTH LINE, 440.00 FEET TO THE WEST LINE OF CORNEILS ROAD DEDICATED ON SAID PLAT; THENCE SOUTH 00 DEGREES 54 MINUTES 58 SECONDS EAST, ALONG SAID WEST LINE, 38.24 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING: THAT PART OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 207 IN CALEDONIA SUBDIVISION, PHASE 3; THENCE NORTH 00 DEGREES 54 MINUTES 58 SECONDS WEST, ALONG THE WEST LINE OF CORNEILS ROAD DEDICATED ON CALEDONIA SUBDIVISION, PHASE 3 PLAT, 16.79 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 31 MINUTES 01 SECONDS WEST, 397.40 FEET; THENCE SOUTH 42 DEGREES 31 MINUTES 01 SECONDS WEST, 35.67 FEET; THENCE SOUTH 87 DEGREES 42 MINUTES 05 SECONDS WEST, 18.06 FEET TO THE EAST LINE OF LOT 204 IN CALEDONIA SUBDIVISION, PHASE 3; THENCE NORTH 00 DEGREES 54 MINUTES 58 SECONDS WEST, ALONG SAID EAST LINE AND THE EAST LINE OF CORNEILS ROAD DEDICATED ON SAID PLAT, 20.01 FEET; THENCE NORTH 87 DEGREES 42 MINUTES 05 SECONDS EAST; 9.26 FEET; THENCE NORTH 42 DEGREES 31 MINUTES 01 SECONDS EAST, 35.63 FEET; THENCE NORTH 87 DEGREES 31 MINUTES 01 SECONDS EAST, 406.024 FEET TO THE WEST LINE OF CORNEILS ROA❑ DEDICATE ON SAID CALEDONIA SUBDIVISION, PHASE 3 PLAT; THENCE SOUTH 00 DEGREES 54 MINUTES 58 SECONDS EAST, ALONG SAID WEST LINE, 20.01 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. EXHIBIT ' 3.22' S00'54'58"E PARCEL B - TEMPORARY CONSTRUCTION EASEMENT 20 01' S00'54'S8"E o N87'31'01 "E _ 0 440.00' _ «,»��«!_;�,��� N87'3101E 406•24� PARCEL A _ _,� 15.01' UTILITY EASEMENT S00'54'58"E — r ~ ` 1.78' S87-311�01�W ,�`!_,»��--"—�—� 397.40' N00'S4'S8"W 00`��`�^j�// ,� ��_ ,� �« PARCEL B - TEMPORARY CONSTRUCTION EASEMENT r r ,� ^ ` ! ! , ` ��5rPUDE _^ COKNEILS RD � �� �^ ry, !-- 00, 9.26' GJ/�p� ~ ` -----��'�` 369.57' ` ! P.O.B. — �, "t o % / S87'31'01 "W PARCEL A I LOT 20' _ O D'� 20- LANDSCAPE EAS MENT O_ 18,06' " O P.O.B. IC.``D - - Z o; S87'42 05 W / q�`p� PARCEL B0. JJb' • ' / 35 PUDE 0I /rV J - /� ^ - r — — — J C�' 31 27' PARCEL A 9023 SF/ 0.21 ACRES P.O.C. PARCEL A LOT 204 S87 42 05 W PARCEL B 9841 SF/ 0.23 ACRES PARCEL B / l / rJ3` CjJ f`J Engineering Enterprises, Inc. CONSULTING ENGINEERS 52 Wheeler Road Sugar Grove, Illinois 60554 630,466.6700 / www.eeiweb.com COPYRIGHT © 2023 ENGINEERING ENTERPRISES, INC. 0 40 80 SCALE FEET PROJECT NO: Y02319 FILE NO: Y02319-CZINKI-EASE