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Ordinance 2025-10 202500000927 DEBBIE GILLETTE RECORDER- KENDALL COUNTY, IL RECORDED: 01/24/2025 09:11 AM RECORDING FEE 57.00 PAGES: 7 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2025-10 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE REZONING TO THE M-2 GENERAL MANUFACTURING ZONING DISTRICT OF CERTAIN TERRITORY GENERALLY LOCATED NORTH OF US ROUTE 34, WEST OF BEECHER ROAD AND KENDALL MARKETPLACE, AND EAST OF ELDAMAIN ROAD Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 14t"day of January, 2025 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 January 17,2025. Ordinance No. 2025-10 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE REZONING TO THE M-2 GENERAL MANUFACTURING ZONING DISTRICT OF CERTAIN TERRITORY GENERALLY LOCATED NORTH OF US ROUTE 34,WEST OF BEECHER ROAD AND KENDALL MARKETPLACE, AND EAST OF ELDAMAIN ROAD 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, Daniels Malinski Yorkville Family, LLLP, an Illinois limited liability limited partnership ("Applicant"), owns approximately 270 acres of property, located just north of US 34 (Veterans Parkway), west of Beecher Road and Kendall Marketplace, and approximately 850 feet east of Eldamain Road("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 WHEREAS, the Applicant desires to rezone the Subject Property, which is currently classified in the R-1 Single Family Suburban Residence District into the M-2 General Manufacturing Zoning District; and WHEREAS, the Planning and Zoning Commission convened and held a public hearing on November 12, 2024, 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 10-8-12 of the City's Unified Development Ordinance and made findings of fact and recommendation to the Mayor and City Council ("Corporate Authorities") for approval of the rezoning; and Ordinance No.2025-10 Page 2 WHEREAS, an Annexation Agreement between the Applicant and the City was adopted the 14th day of January, 2025 containing restrictions on the use of the Subject Property and providing that the Subject Property's designation as a M-2 General Manufacturing District shall sunset if no development occurs within a 20 year period; and WHEREAS,the Corporate Authorities have received and considered the recommendation of the Planning and Zoning Commission. 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: PARCEL ONE THAT PART OF THE SOUTH 1/2 OF SECTION 19 AND THE NORTH 1/2 OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 19; THENCE SOUTH 00° 48' 07" EAST ALONG THE QUARTER LINE 257.40 FEET; THENCE NORTH 83° 55' 03" WEST 1944.30 FEET TO A POINT WHICH IS 1930.58 FEET SOUTH 88° 28' 32" WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 88° 28' 32" WEST ALONG SAID NORTH LINE 204.60 FEET; THENCE SOUTH 02° 08'40" WEST 2489.33 FEET TO THE PRESENT CENTER LINE OF U. S. HIGHWAY NO. 34; THENCE EASTERLY ALONG SAID CENTER LINE 2001.79 FEET TO A POINT ON SAID CENTER LINE WHICH IS NORTH 84° 54' 42" WEST FROM THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30 (AS MEASURED ALONG THE CENTER LINE OF SAID U. S. HIGHWAY NO. 34); THENCE NORTH 05° 05' 18" EAST AT RIGHT ANGLES TO SAID CENTER LINE 231.00 FEET;THENCE SOUTH 84° 54' 42" EAST PARALLEL WITH SAID CENTER LINE 565.71 FEET; THENCE SOUTH 05° 05' 18"WEST AT RIGHT ANGLES TO SAID CENTER LINE 231.00 FEET TO SAID CENTER LINE; THENCE SOUTH 84° 54' 42" EAST ALONG SAID CENTER LINE 2370.99 FEET TO THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 30; THENCE NORTH 00° 39' 04" WEST ALONG SAID EAST LINE 429.15 FEET TO THE NORTHEAST CORNER OF SAID SECTION 30; THENCE NORTH 00° 39' 04" WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19, 301.20 FEET; THENCE SOUTH 89° 20' 56" WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE,227.23 FEET;THENCE NORTH Ordinance No.2025-10 Page 3 15°08' 07" WEST 2403.75 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SECTION 19 WHICH IS 1826.22 FEET NORTH 88° 28' 32" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 88° 28' 32" WEST ALONG SAID NORTH LINE, 1826.22 FEET TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PARCEL TWO THAT PART OF THE SOUTH 1/2 OF SECTION 19 AND THE NORTH 1/2 OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF STATE ROUTE 34 AND THE EAST LINE OF SAID SECTION 30; THENCE WESTERLY ALONG THE CENTER LINE OF SAID ROUTE 34, 2370.99 FEET FOR THE POINT OF BEGINNING; THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 231 FEET; THENCE WESTERLY PARALLEL TO THE CENTER LINE OF STATE ROUTE 34, 565.71 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 231 FEET TO THE CENTER LINE OF SAID ROUTE 34;THENCE EASTERLY ALONG THE CENTER LINE OF SAID ROUTE 34, 565.71 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. EXCEPT THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF OUTLOT 1 OF FOX HILL UNIT ONE PLANNED UNIT DEVELOPMENT, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, RECORDED IN CABINET 3, SLOTS 508 A&B AND 509 A&B AS DOCUMENTED NO. 9410594 IN THE RECORDER'S OFFICE OF KENDALL COUNTY; THENCE NORTH 06 DEGREES 22 MINUTES 18 SECONDS EAST, ON A BEARING REFERENCED TO AN ASSUMED NORTH, 15.240 METERS (50.00 FEET) TO THE CENTERLINE OF F.A. 591 AND THE POINT OF BEGINNING; THENCE NORTH 83 DEGREES 37 MINUTES 42 SECONDS WEST 93.518 METERS (306.82 FEET) ON SAID CENTERLINE; THENCE WESTERLY 213.414 METERS (700.18 FEET) ALONG AN 11,642.530 METERS (38,197.20) RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS NORTH 84 DEGREES 09 MINUTES 12 SECONDS WEST 213.411 METERS (700.17 FEET); THENCE NORTH 02 DEGREE 08 MINUTES 42 SECONDS EAST 15.263 METERS (50.08 FEET); THENCE EASTERLY 208.048 METERS (682.57 FEET) ALONG AN 11,657.770 METER (38,247.20 FOOT) RADIUS CURVE TO THE RIGHT WHOSE CHORD BEARS SOUTH 84 DEGREES 10 MINUTES 17 SECONDS EAST 208.046 METERS (682.56 FEET); THENCE NORTH 85 DEGREES 35 MINUTES 28 SECONDS EAST 25.458 METERS (83.52 FEET); THENCE SOUTH 83 DEGREES 37 MINUTES 42 SECONDS EAST 50.000 METERS (164.04 FEET); THENCE SOUTH 72 DEGREES 50 MINUTES 54 SECONDS EAST 25.449 (83.49 FEET); THENCE SOUTH 83 DEGREES 37 MINUTES 42 SECONDS EAST 2.433 METERS (7.98 FEET); THENCE SOUTH 00 DEGREES 39 MINUTES 02 SECONDS EAST 15.355 METERS (50.38 FEET) TO SAID CENTERLINE; THENCE NORTH 83 DEGREES 37 MINUTES 42 SECONDS WEST 4.311 METERS (14.14 FEET) ALONG SAID CENTERLINE TO THE POINT OF BEGINNING, CONTAINING 0.5095 HECTARE (1.259 ACRES), MORE Ordinance No.2025-10 Page 4 OR LESS, OF WHICH 0.4738 HECTARE (1.171 ACRES), MORE OR LESS, ARE IN THE EXISTING RIGHT OF WAY, SITUATED IN THE COUNTY OF KENDALL AND STATE OF ILLINOIS. THE ABOVE PARCEL BEING SHOWN ON SHEET 2 OF THE RIGHT OF WAY PLANS FOR F.A. 591 (U.S. ROUTE 34), SECTION 13BR, RECORDED AS DOCUMENT NUMBER 9702750, FLAT FILE, 5-55 IN THE RECORDER'S OFFICE OF KENDALL COUNTY, ILLINOIS. ALSO, EXCEPT THAT PART CONVEYED THE UNITED CITY OF YORKVILLE IN DEED RECORDED AS DOCUMENT NO. 201400012767 TO WIT: THAT PART OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHERLY CORNER OF SAID SECTION 30, THENCE SOUTH 01 DEGREES 14 MINUTES 12 SECONDS EAST, 304.62 FEET ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 30 TO THE POINT OF BEGINNING, THENCE CONTINUING SOUTH 01 DEGREES 14 MINUTES 12 SECONDS EAST, 74.37 FEET ALONG SAID EAST LINE OF THE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE CONTINUING SOUTH 01 DEGREES 14 MINUTES 12 SECONDS EAST, 50.25 FEET ALONG SAID EAST LINE TO THE CENTERLINE OF U.S. ROUTE 34; THENCE NORTH 85 DEGREES 32 MINUTES 10 SECONDS WEST, 1879.99 FEET ALONG SAID CENTERLINE, THENCE NORTH 04 DEGREES 27 MINUTES 50 SECONDS EAST, 50.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE NORTH 76 DEGREES 01 MINUTE 45 SECONDS EAST, 79.06 FEET TO A POINT 25.00 FEET NORTHERLY OF SAID NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE SOUTH 85 DEGREES 32 MINUTES 10 SECONDS EAST, 1748.26 FEET PARALLEL WITH AND 25.00 FEET NORTH OF SAID NORTHERLY RIGHT OF WAY LINE, THENCE NORTH 46 DEGREES 36 MINUTES 49 SECONDS EAST 66.09 FEET TO POINT OF BEGINNING, ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. with Property Index Numbers 02-19-300-019, 02-19-400-009, 02-19-400-010,and 02-30-200-023 into the M-2 General Manufacturing Zoning District. Section 3. Should the Subject Property not be developed within 20 years of the execution of an annexation agreement, approved on January 14, 2025, by Ordinance 2025-09 the zoning designation on the Subject Property shall revert to R-1 Residential Use. Section 4. That this Ordinance shall be in full force and effect upon its passage, approval and publication as provided by law. Ordinance No.2025-10 Page 5 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this le day of January, A.D. 2025. 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 (7day of TetrIA , A.D. 2025. MAYOR Attest: I CLERK Ordinance No.2025-10 Page 6 ZDLINDUSTRIAL SURVEYING, INC.LEGAL DESCRIPTIONPARCEL ONETHAT PART OF THE SOUTH 1/2 OF SECTION 19 AND THE NORTH 1/2 OFSECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPALMERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAIDSECTION 19; THENCE SOUTH 00° 48' 07" EAST ALONG THE QUARTER LINE257.40 FEET; THENCE NORTH 83° 55' 03" WEST 1944.30 FEET TO A POINTWHICH IS 1930.58 FEET SOUTH 88° 28' 32" WEST FROM THE POINT OFBEGINNING; THENCE SOUTH 88° 28' 32" WEST ALONG SAID NORTH LINE204.60 FEET; THENCE SOUTH 02° 08' 40" WEST 2489.33 FEET TO THEPRESENT CENTER LINE OF U. S. HIGHWAY NO. 34; THENCE EASTERLYALONG SAID CENTER LINE 2001.79 FEET TO A POINT ON SAID CENTER LINEWHICH IS NORTH 84° 54' 42" WEST FROM THE EAST LINE OF THENORTHEAST 1/4 OF SAID SECTION 30 (AS MEASURED ALONG THE CENTERLINE OF SAID U. S. HIGHWAY NO. 34); THENCE NORTH 05° 05' 18" EAST ATRIGHT ANGLES TO SAID CENTER LINE 231.00 FEET; THENCE SOUTH 84° 54'42" EAST PARALLEL WITH SAID CENTER LINE 565.71 FEET; THENCE SOUTH05° 05' 18" WEST AT RIGHT ANGLES TO SAID CENTER LINE 231.00 FEET TOSAID CENTER LINE; THENCE SOUTH 84° 54' 42" EAST ALONG SAID CENTERLINE 2370.99 FEET TO THE EAST LINE OF THE NORTHEAST 1/4 OF SAIDSECTION 30; THENCE NORTH 00° 39' 04" WEST ALONG SAID EAST LINE 429.15FEET TO THE NORTHEAST CORNER OF SAID SECTION 30; THENCE NORTH00° 39' 04" WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAIDSECTION 19, 301.20 FEET; THENCE SOUTH 89° 20' 56" WEST AT RIGHTANGLES TO THE LAST DESCRIBED COURSE, 227.23 FEET; THENCE NORTH 15°08' 07" WEST 2403.75 FEET TO A POINT ON THE NORTH LINE OF THESOUTHEAST 1/4 OF SECTION 19 WHICH IS 1826.22 FEET NORTH 88° 28' 32"EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 88° 28' 32" WESTALONG SAID NORTH LINE, 1826.22 FEET TO THE POINT OF BEGINNING; INTHE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.PARCEL 2THAT PART OF THE SOUTH 1/2 OF SECTION 19 AND THE NORTH 1/2 OFSECTION 30, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPALMERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OFSTATE ROUTE 34 AND THE EAST LINE OF SAID SECTION 30; THENCEWESTERLY ALONG THE CENTER LINE OF SAID ROUTE 34, 2370.99 FEET FORTHE POINT OF BEGINNING; THENCE NORTHERLY AT RIGHT ANGLES TO THELAST DESCRIBED COURSE, 231 FEET; THENCE WESTERLY PARALLEL TO THECENTER LINE OF STATE ROUTE 34, 565.71 FEET; THENCE SOUTHERLY ATRIGHT ANGLES TO THE LAST DESCRIBED COURSE 231 FEET TO THE CENTERLINE OF SAID ROUTE 34; THENCE EASTERLY ALONG THE CENTER LINE OFSAID ROUTE 34, 565.71 FEET TO THE POINT OF BEGINNING, IN THETOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.EXCEPT THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHEAST CORNER OF OUTLOT 1 OF FOX HILL UNITONE PLANNED UNIT DEVELOPMENT, BRISTOL TOWNSHIP, KENDALL COUNTY,ILLINOIS, RECORDED IN CABINET 3, SLOTS 508 A&B AND 509 A&B ASDOCUMENTED NO. 9410594 IN THE RECORDER'S OFFICE OF KENDALLCOUNTY; THENCE NORTH 06 DEGREES 22 MINUTES 18 SECONDS EAST, ON ABEARING REFERENCED TO AN ASSUMED NORTH, 15.240 METERS (50.00 FEET)TO THE CENTERLINE OF F.A. 591 AND THE POINT OF BEGINNING; THENCENORTH 83 DEGREES37 MINUTES 42 SECONDS WEST 93.518 METERS (306.82FEET) ON SAID CENTERLINE; THENCE WESTERLY 213.414 METERS (700.18FEET) ALONG AN 11,642.530 METERS (38,197.20) RADIUS CURVE TO THE LEFTWHOSE CHORD BEARS NORTH 84 DEGREES 09 MINUTES 12 SECONDS WEST213.411 METERS (700.17 FEET); THENCE NORTH 02 DEGREE 08 MINUTES 42SECONDS EAST 15.263 METERS (50.08 FEET); THENCE EASTERLY 208.048METERS (682.57 FEET) ALONG AN 11,657.770 METER (38,247.20 FOOT) RADIUSCURVE TO THE RIGHT WHOSE CHORD BEARS SOUTH 84 DEGREES 10MINUTES 17 SECONDS EAST 208.046 METERS (682.56 FEET); THENCE NORTH85 DEGREES 35 MINUTES 28 SECONDS EAST 25.458 METERS (83.52 FEET);THENCE SOUTH 83 DEGREES 37 MINUTES 42 SECONDS EAST 50.000 METERS(164.04 FEET); THENCE SOUTH 72 DEGREES 50 MINUTES 54 SECONDS EAST25.449 (83.49 FEET); THENCE SOUTH 83 DEGREES 37 MINUTES 42 SECONDSEAST 2.433 METERS (7.98 FEET); THENCE SOUTH 00 DEGREES 39 MINUTES 02SECONDS EAST 15.355 METERS (50.38 FEET) TO SAID CENTERLINE; THENCENORTH 83 DEGREES 37 MINUTES 42 SECONDS WEST 4.311 METERS (14.14FEET) ALONG SAID CENTERLINE TO THE POINT OF BEGINNING, CONTAINING0.5095 HECTARE (1.259 ACRES), MORE OR LESS, OF WHICH 0.4738 HECTARE(1.171 ACRES), MORE OR LESS, ARE IN THE EXISTING RIGHT OF WAY,SITUATED IN THE COUNTY OF KENDALL AND STATE OF ILLINOIS.THE ABOVE PARCEL BEING SHOWN ON SHEET 2 OF THE RIGHT OF WAYPLANS FOR F.A. 591 (U.S. ROUTE 34), SECTION 13BR, RECORDED ASDOCUMENT NUMBER 9702750, FLAT FILE, 5-55 IN THE RECORDER'S OFFICEOF KENDALL COUNTY, ILLINOIS.ALSO EXCEPT THAT PART CONVEYED THE UNITED CITY OF YORKVILLE INDEED RECORDED AS DOCUMENT NO. 201400012767 TO WIT:THAT PART OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 37NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED ASFOLLOWS:COMMENCING AT THE NORTHERLY CORNER OF SAID SECTION 30, THENCESOUTH 01 DEGREES 14 MINUTES 12 SECONDS EAST, 304.62 FEET ALONGTHE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 30 TO THEPOINT OF BEGINNING, THENCE CONTINUING SOUTH 01 DEGREES 14 MINUTES12 SECONDS EAST, 74.37 FEET ALONG SAID EAST LINE OF THE NORTHERLYRIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE CONTINUING SOUTH 01DEGREES 14 MINUTES 12 SECONDS EAST, 50.25 FEET ALONG SAID EAST LINETO THE CENTERLINE OF U.S. ROUTE 34; THENCE NORTH 85 DEGREES 32MINUTES 10 SECONDS WEST, 1879.99 FEET ALONG SAID CENTERLINE,THENCE NORTH 04 DEGREES 27 MINUTES 50 SECONDS EAST, 50.00 FEET TOTHE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE NORTH 76DEGREES 01 MINUTE 45 SECONDS EAST, 79.06 FEET TO A POINT 25.00 FEETNORTHERLY OF SAID NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34;THENCE SOUTH 85 DEGREES 32 MINUTES 10 SECONDS EAST, 1748.26 FEETPARALLEL WITH AND 25.00 FEET NORTH OF SAID NORTHERLY RIGHT OF WAYLINE, THENCE NORTH 46 DEGREES 36 MINUTES 49 SECONDS EAST 66.09FEET TO POINT OF BEGINNING, ALL IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS.PERMANENT TAX NUMBER(S): 02-19-300-019; 02-19-400-009; 02-19-400-010;02-30-100-002; 02-30-200-0233604