Ordinance 2010-09 I
Ordinance No. 2010 -d �
ORDINANCE APPROVING THE EXERCISE OF
POWERS OF EMINENT DOMAIN FOR STREET PURPOSES
WHEREAS, on October 24, 2006, the United City of Yorkville, Kendall County, Illinois
(the "City ") entered into a Development Agreement with Cannonball, LLC (the "Developer ") for
the development of approximately 193 acres of real property generally located at the northwest
corner of US Route 34 and Cannonball Trail (the "Property, ") for both residential and
commercial purposes (the "Development"); and,
WHEREAS, as an important part of the Development, certain improvements were
required to US Route 34 to widen the road in order to meet the needs of additional traffic and to
provide ingress and egress to the Property; and,
WHEREAS, in order to receive the permits required to make the necessary
improvements to US Route 34, the Illinois Department of Transportation ( "IDOT°') required
improvements to the intersection of Cannonball Trail and Illinois Route 47; and,
WHEREAS, the Developer agreed to undertake all of the necessary improvements,
including the construction of ingress and egress from the Property to US Route 34;
improvements to the intersection of Cannonball Trail and Illinois Route 47; and, the widening of
Cannonball Trail, all at its sole cost and expense; and,
WHEREAS, in order to make improvements to the intersection of Cannonball Trail and
Illinois Route 47, the Developer proceeded to acquire additional right -of -way from property
owners adjacent to the existing roadway; however, after months of negotiation, the Developers
have been unable to come to terms on a certain parcel of property, legally described on Exhibit A
attached hereto and made a part hereof; and,
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WHEREAS, Section 11 -61 -1 of the Illinois Municipal Code (65 ILCS 5/11 -61 -1)
provides:
"The corporate authorities of each municipality may exercise the right of eminent
domain by condemnation proceedings in conformity with the pro visions of the
constitution and statues of the State of Illinois for the acquirement of property
useful, advantageous or desirable for municipal purposes or public welfare
including property in unincorporated areas outside of but adjacent and contiguous
to the municipality where required for street or highway purposes by the
municipality."
WHEREAS, in order to proceed with the improvements to the intersection of
Cannonball Trail and Illinois Route 47 and the improvements to the intersection of Cannonball
Trail and Route 47 as required by IDOT, it is necessary for the City Council to utilize the powers
afforded to it pursuant to the Illinois Municipal Code to exercise eminent domain by
condemnation proceedings in order to acquire the property necessary to construct improvements
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at the intersection of Cannonball Trail and Illinois Route 47.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, that the power granted to municipalities to
exercise the right of eminent domain for highway purposes by condemnation proceedings in
accordance with the Eminent Domain Act is hereby authorized in order to acquire the real
property legally described on Exhibit A hereto for the purpose of constructing improvements to
the intersection of Cannonball Trail and Illinois Route 47.
The City Attorney is hereby directed to proceed as required by law with condemnation of
said property.
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This Ordinance shall be in full force and effect from and after its passage and approval as
provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
C A Day of , A.D. 2010.
ATTES
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ROBYN SUTCLIFF � DIANE TEELING
GARY GOLINSKI ARDEN JOSEPH PLOCHER�
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS GEORGE GILSON, JR. Yl
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
C) Day of F E6P -(AAV y , A.D. 2010.
MAYOR
Exhibit A
Legal Description
That part of the Nortwest (sic) Quarter of Section 21, Township 37 North, Range 7 East of the
Third Principal Meridian described as follows: The southerly 40.0 feet of a tract of land
conveyed to Mary Ann Kawczynski and Claudia Farias by a Quit Claim Deed in Trust recorded
December 11, 2007, as Document No. 2002000022225 (except that part previously conveyed for
roadway purposes) in Bristol Township, Kendall County, Illinois.
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