Ordinance 2024-49 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2024-49
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS AUTHORIZING THE ACQUISITION OF CERTAIN EASEMENTS FOR
THE EXTENSION OF A WATER MAIN
Passed by the City Council of the
United City of Yorkville, Kendall County, Illinois
This 24"day of September,2024
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville, Kendall
County, Illinois on September 30, 2024.
Ordinance No. 2024-49
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS AUTHORIZING THE ACQUISITION OF CERTAIN EASEMENTS FOR
THE EXTENSION OF A WATER MAIN
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,Rally Homes, LLC, an Illinois limited liability company(the "Developer
submitted a proposal to the City to construct eighty-three (83) single family homes (the
"Development") on fifty acres located at Van Emmon Road and Timber Oak Lane (the "Subject
Property"); and
WHEREAS, as a part of the Developer's proposal, the Developer agreed to be responsible
for all costs incurred for engineering, acquisition of the temporary and permanent easements and
construction for the extension of water services to the Subject Property; and
WHEREAS, on January 25, 2022,the City and the Developer entered into a Development
Agreement which provided, among other things, for the construction of the extension of the water
main (the "Water Main Extension") to the Subject Property, which Development Agreement was
amended on September 10,2024,to require the Developer to acquire the necessary easements from
the adjoining property owners as required to construct the Water Main Extension; and
WHEREAS,Grace Community Church of Yorkville,one of the adjoining property owners
is prepared to convey to the City a temporary construction easement and a permanent easement
(collectively the"Easements"),in the forms attached hereto, on the condition that the City requires
the Developer to restore its property required for the Water Main Extension to its condition prior
to such construction and that the City agrees to provide one water connection to the Grace
Community Church of Yorkville at no cost; and
WHEREAS,the Developer, Grace Community Church and the City believe it to be in the
best interest of the City to accept the Easements and to grant Grace Community Church of
Yorkville one free connection to the City's water service all as hereto 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. 2024-49
Page 2
I. Permanent Easement dated August 13, 2024, from Grace Community Church
of Yorkville, as Grantor, said easement being located within Parcel No. 05-04-
103-004.
2. Temporary Construction Easement dated August 13, 2024, from Grace
Community Church of Yorkville, as Grantor, said easement being located
within Parcel No. 05-04-103-004.
Section 3. The City Council hereby authorizes, for a term of twenty (20) years from the
date of the approval of this Ordinance, one (1) free residential water connection or one (1) free
non-residential water connection for up to two (2) inches to the City's water service to serve the
property owned by Grace Community Church of Yorkville and identified by Parcel No. 05-04-
103-004.
Section 4. This Ordinance shall be in full force and effect after its passage, publication,
and approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
241h day of September,A.D. 2024.
CIT CLERK
KEN KOCH ABSENT DAN TRANSIER AYE
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 off' day of ��-Y ,A.D. 2024.
MAYOR
Attest:
IT CLERK
Ordinance No. 2024-49
Page 3
Debbie GiElette
202400011409
DEBBIE GILLETTE
RECORDER - KENDALL COUNTY, IL
RECORDED: 09/26/2024 11:48 AM
RECORDING FEE 69.00
PAGES: 4
Kendall County Recorder
502 S Main St.
Yorkville IL 60560
Recording Cover Page
This page added for the purposes of affixing Recording Information
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Remarks:
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PERMANENT EASEMENT
Grace Community Church of Yorkville, an Illinois not -for -profit corporation (the
"Grantor"), for and in consideration of $6,000.00 Five Thousand Dollars and no cents),
receipt of which is hereby acknowledged, represents and warrants 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 (the "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.
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; providers, 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 conveyance and
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 , _ day of 4 0 , 2024.
This grant shall constitute a covenant, which runs with the land, and shall be binding upon the
legal representatives, successors and assigns of ntor.
Dated this L'2> day of a , �202
Ely.
Signature
rinted ame
By
Signature
Printed Name
State of Illinois }
) ss
County, of Kendall )
I, Rdbt,2 E - (- wz,>tiG ^ , a Notary Public in and for the County and State aforesaid, do
hereby certify that Ile r n 0 � 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 offlclal seal, this 151-4�day of A-�-O.u,t , 2024.
o Public
State of Illinois )
County of Kendall }
"OFFICIAL SEAL"
ROBIN E GUZMAN
NOTARY COMMISS N NO. 30k1
260644G15
MY G+7MMIS510h1 feKPIriEB 1012612027
I, R-eV n F-- 6 u-L,w-11-, a Notary Public in and for the County and State aforesaid, do
hereby cer* that -TZA Sc % nt tEx e , 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 l L day of 5 , 2024.
r
WotaIlry Public
This instrument was prepared by.
qnd
..OFFICIAL SEAL"
ROBIN F GUZMAN
I.IOTARY PUBLIC• STATE OF ILLIN0IS
coM B ijs N N0. a26064
My COMMISSION EXPIRES 101262027
After recording, return to:
United City of Yorkville
651 Prairie Pointe
Yorkville, Illinois 60560
I EASEMENT
EXHIBIT
Q �
(XXX. XX) RECORD DIMENSION
DENOTES CITY UTILITY EASEMENT
HEREBY GRANTED
\ 80.0' RIGHT—OF—WAY
PER BOOK 87. PAGE 263
S7570'12"W
\ 10.12'
o \070'12"W
20.34'-'
o POINT OF TERMINUS
0
GENERAL NOTES:
1. EASEMENT GRANTED HEREON IS A POR77ON OF
THE LANDS DESCRIBED IN DOCUMENT 79-5792
AND DOCUMENT 908023, 60TH NAMING
YORKV7LLE BAP77ST CHURCH AS THE GRANTEE.
2. NO DIMENSIONS SHALL BE ASSUMED BY SCALING.
J. ALL BEARINGS AND DISTANCES ARE BASED ON A
LOCAL COORDINATE SYSTEM,
4. RECORD BEARINGS DIMENSIONS SHOWN HEREON,
PER DOCUMENT 908023
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PREPARED ON: SEPTEMBER 5, 2024
PREPARED BY.
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BERNARD J. BAUER, P.L.S. (bbauerftrgreen.corn)
ILLINOIS PROFESSIONAL LAND SURVEYOR No. 3799
LICENSE EXPIRES. 111JO12024
PIN: 05-04-103-004
A 15 FOOT WIDE EASEMENT OVER PART OF THE NORTHWEST QUARTER OF SEC77ON 4, TOWNSHIP 36 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, 7N KENDALL COUNTY, ILLINOIS, THE CENT RUNE OF SAID
EASEMENT BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE LANDS DESCRIBED AS PARCEL 2 IN WARRANTY DEED,
RECORDED DECEMBER 21, 1990 AS DOCUMENT 908023,• THENCE SOUTH 75 DEGREES 50 MINUTES 44
SECONDS WEST, ALONG 7HE EASTERLY LINE OF SAID PARCEL 2, 381.61 FEET TO A POINT 27.50 FEET
NORTHEASTERLY, AS MEASURED PERPENDICULARLY, OF THE NORTHEASTERLY RIGHT—OF—WAY LINE OF ILLINOIS
ROUTE 126, PER DEDICA77ON OF RIGHT—OF—WAY RECORDED MARCH 31, 1935 1N BOOK 87 OF DEEDS, PAGE
263 FOR THE POINT OF BEGINNING OF SAID CENTERLINE- THENCE NORTH 59 DEGREES 49 MINUTES 48
SECONDS WEST, PARALLEL WITH SAID NORTHEASTERLY RIGHT—OF—WAY LINE, ALONG SAID CENTERLINE, 307.75
FEET TO A BEND POINT IN SAID CENTERLINE, • THENCE SOUTH 75 DEGREES 10 MINUTES 12 SECONDS WEST,
ALONG SAID CENTERLINE, 10.12 FEET TO A BEND POINT IN SAID CENTERLINE; THENCE SOUTH 30 DEGREES
10 MINUTES 12 SECONDS WEST, ALONG SAID CENTERLINE AND PERPENDICULAR TO SAID NORTHEASTERLY
RIGHT—OF—WAY LINE TO SAID NORTHEASTERLY RIGHT=OF—WAY LINE AND THE POINT OF TERMINUS OF SAID
CENTERLINE, SAID POINT OF TERMINUS BEING NORTH 59 DEGREES 49 MINUTES 48 SECONDS WEST, 321.93
FEET OF SAID EASTERLY LINE, AS MEASURED ALONG SAID NORTHEASTERLY RIGHT—OF—WAY UNE.
POINT OF COMMENCEMENT
o o N NE CORNER OF PARCEL 2 IN DOC. 908023
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PIN:05-04-103-004 i
7 5'
Y QiGyT\ 15.0' WATER MAIN EASEMENT
\ OA- HEREBY GRANTED (5,073f SQ.FT)
N59'49'48"W 307.75'
F'C q OF WATERMAIN EASEMENT
HEREBY GRANTED
CST 1 93.
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O/ 275' \
POINT OF BEGINNING
NOTES:
* This map was created for use as a Plat of Easement. f"}
* This map is not to be used for any construction or \ �O
staking purposes without consent from a proper J
agent of Green, Inc. \ J
* r_v�X No assumptions or
agreements as to ownership, use, or possession can This 15 NOT
a Plat of 5u
be conveyed from this document. \
* No underground improvements have been located
unless shown and noted.
* No distance should be assumed by scaling. \
* This map is void without seal and signature offixed.
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1 OF 1
Debbie Gillette
Kendall County Recorder
502 S Main St.
Yorkville IL 60560
Recording Cover Page
202400011408
DEBBIE GILLETTE
RECORDER - KENDALL COUNTY, IL
RECORDED: 09/26/2024 11:48 AM
RECORDING FEE 69.00
PAGES: 5
This page added for the purposes of affixing Recording Information
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Remarks:
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Owner Grace Community Church of Yorkville (formerly The Yorkville Baptist Church)
Address 1108 Mill Street
Yorkville, Illinois 60660
County Kendall
P.I.N. Nos. 05-04-103-004
TEMPORARY CONSTRUCTION EASEAAENT
Grace Community Church of Yorkville, an Illinois not for -profit corporation (the "Grantor"), for and
in consideration of $5,000.00 (Five thousand dollars and no cents), receipt of which is hereby
acknowledged and represents that Grantor owns the fee simple We 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 water main and
appurtenances thereto (the "Project"), on, over, and through the real estate legally described on
Exhibit A attached hereto (the "Easement Site").
The right, easement, and privilege granted herein shall terminate three (3) years from the
execution of this document, or on the completion of the Project, whichever is the sooner. The
surface of the Easement Site shall be restored at grade at its current grade within a reasonable
time allowing for settling after completion of Grantee's Utility Extension.
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. Rally Homes ('Developer"), or Developer's Subcontractor shall
provide a Certificate of Insurance naming the Church as a party insured
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 water main. 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.
The Developer shall hold Grantor and Its Officers and Church Representatives harmless from any
claim or action made as a result of work performed on behalf of Grantee or Its Agents on the
Easement Site.
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 day of �� 1— , 2024
By'
Signature
Printed Name
B
State of Illinois )
) ss
County of Kendall )
Printed Name
I, TA 1 A E- (-uzwuLAL , a Notary Public In and for the County and State aforesaid, do
hereby certify that Ve r- Ac .A L • ..�6 , �,��, 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 13 day of Aru c�s I" , 2024.
Aqotaty Public
State of Illinois )
) ss
County of Kendall )
"OFFICIAL SEAL"
ROBIN E GUZMAN
NOTARY PUBLIC, STATE OF ILLINOIS
COMMISSION NO. 326064
MY COMMISSION EXPIRES 1012612027
I, tZo�:,k _ (�kzvA-&. V\ , a Notary Public in and for the County and State aforesaid, do
hereby certify that Tie I Sc lA v,. cl c : , 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 13 day of V , 2024.
Notaty Public
OF''ICIAL SEAI_'r `
31N E GUZMAN
NOTARY : UBLiC, 57ATE OF 1LLI41 .
CC;.mr,AISSION NO. 326064
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EX P 1012'E"; ..
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LIMAY
�26064
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This instrument was prepared by: After recording, return to:
and (My N IP United City of Yorkville
651 Prairie Pointe
Yorkville, Illinois 60560
Owner Grace Community Church of Yorkville (formerly Yorkville Baptist Church)
Address 1108 Mill Street
Yorkville, Illinois 60560
County Kendall
P.I.N. Nos. 05-04-103-004
EASEMENT
EXHIBIT
I EGENQ
(XXX.XX) RECORD DIMENSION
DENOTES CITY UTILITY EASEMENT
HEREBY GRANTED
80.0' RIGHT OF -WAY
PER BOOK 87. PAGE 263
S75'1 D'12"W
�\ 10.12'
\D'1 D'12"W
20 34'�
0.
POINT OF TERMINUS
GENERAL NOTES:
1. EASEMENT GRANTED HEREON IS A PORTION OF
THE LANDS DESCRIBED IN DOCUMENT 79-5792
AND DOCUMENT 90802Z B07H NAMING
YORKWLLE BAPTIST CHURCH AS THE GRANTEE.
2. NO DIMENSIONS SHALL BE ASSUMED BY SCALING.
J. ALL BEARINGS AND DISTANCES ARE BASED ON A
LOCAL COORDINATE SYSTEM.
4. RECORD BEARINGS DIMENSIONS SHOWN HEREON,
PER DOCUMENT 908023
\`,ti�trrrrrrirrri
NWL LAND
^ ' BERNARDJ.BAUER'•�.G=
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AURORA
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PREPARED ON: SEPTEMBER 5, 2024
PREPARED BY.'
BERNARD J. BAUER, P.L.S. (bbouer@hrgreen.com)
ILLINOIS PROFESSIONAL LAND SURVEYOR No. 3799
LICENSE EXPIRES.- IIIJO12024
PIN: 05-04-103-004
WATERMA►N EASEMENT LEGAL QESQRtP77QN
A 15 FOOT WIDE EASEMENT OVER PART OF THE NORTHWEST QUARTER OF SECITON 4, TOWNSHIP 36 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS, THE CENTERLINE OF SAID
EASEMENT BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE LANDS DESCRIBED AS PARCEL 2 IN WARRANTY DEED,
RECORDED DECEMBER 21, 1990 AS DOCUMENT 908023; THENCE SOUTH 15 DEGREES 50 MINUTES 44
SECONDS WEST ALONG THE EASTERLY LINE OF SAID PARCEL 2, 381.61 FEET TO A POINT 27.50 FEET
NORTHEASTERLY, AS MEASURED PERPENDICULARLY, OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF ILLINOIS
ROUTE 126, PER DEDICATION OF RIGHT-OF-WAY RECORDED MARCH 31, 1936 IN BOOK 87 OF DEEDS, PAGE
263 FOR THE POINT OF BEGINNING OF SAID CENTERLINE THENCE NORTH 59 DEGREES 49 MINUTES 48
SECONDS WEST, PARALLEL WITH SAID NORTHEASTERLY RIGHT-OF-WAY LINE, ALONG SAID CENTERLINE, 3OZ75
FEET TO A BEND POINT IN SAID CENTERLINE, • THENCE SOUTH 75 DEGREES 10 MINUTES 12 SECONDS WEST,
ALONG SAID CENTERLINE 10.12 FEET TO A BEND POINT IN SAID CENTERLINE,THENCE SOUTH 30 DEGREES
10 MINUTES 12 SECONDS WEST, ALONG SAID CENTERLINE AND PERPENDICULAR TO SAID NORTHEASTERLY
RIGHT-OF-WAY LINE TO SAID NORTHEASTERLY RIGHT-OF-WAY LINE AND THE POINT OF TERMINUS OF SAID
CENTERLINE SAID POINT OF TERMINUS BEING NORTH 59 DEGREES 49 MINUTES 48 SECONDS WEST, 321.93
FEET OF SAID EASTERLY LINE, AS MEASURED ALONG SAID NORTHEASTERLY RIGHT-OF-WAY UNE.
POINT OF COMMENCEMENT
�4, o o N NE CORNER OF PARCEL 2 IN DOC. 908023
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PIN: 05-04-103-004
7.5'
15.0' WATER MAIN EASEMENT
\.OF ` HEREBY GRANTED (5,073i SOFT)
'49'48"W 3OZ 75'
4� OF WATERMAIN EASEMENT
HEREBY GRANTED
Roy,
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NOTES:
* This map was created for use as o Plot of Easement.
* This map is not to be used for any construction or \
staking purposes without consent from a proper
agent of Green, Inc. \
* This IS NOT
a Plat of Survev. No assumptions or
agreements as to ownership, use, or possession can
be conveyed from this document.
* No underground improvements have been located
unless shown and noted.
* No distance should be assumed by scaling.
* This map is void without seal and signature affixed.
POINT OF BEGINNING
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