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Ordinance 2025-62UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2025-62 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AUTHORIZING THE ACQUISITION OF EASEMENTS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S WATER SYSTEM Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 9' day of September, 2025 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on September 11, 2025. Ordinance No. 2025-62 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AUTHORIZING THE ACQUISITION OF EASEMENTS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S WATER SYSTEM 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, the City owns and operates a water supply system under and pursuant to the Illinois Municipal Code, Division 129 of Article II (65 ILCS 5/11-129-1 et. seq.); and WHEREAS, the Mayor and City Council (the "Corporate Authorities") have determined that is necessary and in the best interest of the City to undertake major improvements to the City's water supply system including repair and replacement of existing water mains (the "Water Main Project"); and WHEREAS, the Corporate Authorities have also determined it is necessary and in the best interest for the future of the City to provide a new water source for its water supply system through a connection to the DuPage Water Commission and the construction of certain water system additions (the "Water Source Project"), and WHEREAS, in order to proceed, it is necessary to acquire a temporary construction easement and permanent easement for the construction of the Water Main Project and the Water Source Project all 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 to be conveyed to the City and are hereby approved and accepted: A. Temporary Construction Easement from CayCo Enterprises, LLC, an Illinois limited liability company, dated August 25, 2025, and located on the parcel identified by PIN No. 05-03-300-039, for the purpose of construction of a watermain and appurtenance thereto; and B. Permanent Construction Easement from CayCo Enterprises, LLC, an Illinois limited liability company, dated August 25, 2025, and located on the parcel identified by PIN Ordinance No. 2025-62 Page 2 No. 05-03-300-039, for the installation, maintenance, repair, replacement, and servicing of all water lines and supply systems, valves, boxes and hydrants and all attendant facilities and/or appurtenances thereto. Section 3. The City Council hereby authorizes a single payment to CayCo Enterprises, LLC of $32,500.00 for the above acquisitions as necessary for the construction of the Water Main Project and the Water Source Project. 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 91h day of September, A.D. 2025. Ty CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE RUSTY CORNEILS AYE RUSTY HYETT ABSENT PPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois thi1�s day of j'1'1 , A,D. 2025. Attest: Y CLERK Ordinance No. 2025-62 Page 3 Owner CayCo Enterprises, LLC Address Southeast corner of Illinois Route 71 and Illinois Route 126 in Yorkville, Illinois Route Lake Michigan Water System Improvements County Kendall Parcel No. 0011 TE P.I.N. No. 05-03-300-039 Return to: Wheatland Title Company 1G5 W. Veterans Parkway, Yorkville, IL60560 FT--wZN�G- 2�2i Zf2 H� WTt �L eRECORDED 202500011953 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 09/17/2025 12:34 PM RECORDING FEE 57.00 PAGES: 3 TEMPORARY CONSTRUCTION EASEMENT CayCo Enterprises, LLC, an Illinois Limited Liability Company (the "Grantor"), for and in consideration of One Dollar ($1), receipt of which is hereby acknowledged, hereby grants, sells and conveys to the United City of Yorkville, Kendall County, Illinois, its successors and assignees ("Grantee"), a temporary construction easement ("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 3 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. Notwithstanding the foregoing, no construction equipment or material shall be stored in the Temporary Construction Easement at any time. Furthermore, Grantee's use shall not block sign visibility, impede access or unreasonably disrupt utilities located on the Premises without first providing reasonable notice thereof. 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 of a Temporary Construction Easement shall constitute a covenant, which runs with the land, and shall be binding upon the legal representatives, successors and assigns of Grantor. Page 1 of 2 TEMPORARY CONSTRUCTION EASEMENT Kendall County 202500011953 Page 1 of 3 Dated this day of �1;1,�� 2025. _ CayCo Enterprises, LLC Company Name By: <� A A �� Signature Erin Hardesty, Manager Print Name and Title State of Illinois ) ss County of VAAI A ) This instrument was acknowledged before me on p1yUUS-� 2S 2025, by Erin Hardesty, as Manager of CayCo Enterprises, LLC. (SEAL) Notary Public OFFICIAL SEAL PRISCILA APRIL ROTHMAN Notary Public, State of Illinois Commission No. 994529 My Commission Expires August 01, 2028 My Commission Expires: This instrument was prepared by Grantee's Address: Mark D. Mathewson Mathewson Right of Way Company 2024 Hickory Road, Suite 205 Homewood, IL 60430 United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 Page 2 of 2 TEMPORARY CONSTRUCTION EASEMENT Kendall County 202500011953 Page 2 of 3 EXHIBIT A PARCEL 011TE-30'TEMPORARY CONSTRUCTION EASEMENT THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY MOST CORNER OF THE PARCEL DESCRIBED IN DOC 201800003848; THENCE NORTH 44 DEGREES 41 MINUTES 55 SECONDS EAST, ALONG THE SOUTHWESTERLY LINE OF ROUTE 71, A DISTANCE OF 20.20 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 44 DEGREES 41 MINUTES 55 SECONDS EAST, ALONG SAID SOUTHEASTERLY LINE, 30.32 FEET; THENCE SOUTHEASTERLY 536.44 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 825.00 FEET, CHORD BEARING SOUTH 55 DEGREES 26 MINUTES 32 SECONDS EAST AND CHORD LENGTH OF 527.04 FEET TO A POINT OF TANGENCY; THENCE SOUTH 74 DEGREES 04 MINUTES 13 SECONDS EAST, 278.51 FEET; THENCE SOUTH 64 DEGREES 05 MINUTES 29 SECONDS EAST, 70.49 FEETTO THE SOUTHEAST LINE OF A PARCEL OF LAND DESCRIBED IN DOCUMENT 202000017758; THENCE SOUTH 56 DEGREES 50 MINUTES 02 SECONDS WESTALONG SAID SOUTHEAST LINE, 34.97 FEET; THENCE NORTH 64 DEGREES 05 MINUTES 29 SECONDS WEST, 49.89 FEET; THENCE NORTH 74 DEGREES 04 MINUTES 13 SECONDS WEST, 275.89 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY 551.47 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 855.00 FEET, CHORD BEARING NORTH 55 DEGREES 35 MINUTES 32 SECONDS WEST AND CHORD LENGTH OF 541.96 FEET TO THE POINT OF BEGINNING. ALL IN KENDALL COUNTY, ILLINOIS. Kendall County 202500011953 Page 3 of 3 " % 't Owner CayCo Enterprises, LLC Address Southeast corner of Illinois Route 71 and Illinois Route 126 in Yorkville, Illinois Route Lake Michigan Water System Improvements County Kendall Parcel No. 0011PE P.I.N. No. 05-03-300-039 Return to: Wheatland Title Company 105 W. Veterans Parkway, Yorkville, IL 60560 F ?,#,ZL4 U - U 2-1 22 PERMANENT EASEMENT h- (Limited Liability Company) eRECORDED 202500011952 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 09/17/2025 12:34 PM RECORDING FEE 57.00 PAGES: 4 CayCo Enterprises, LLC, a limited liability company, a limited liability company organized and existing under and by virtue of the laws of the State of Illinois, (Grantor), for and in consideration of Nineteen Thousand Five Hundred and 00/100's Dollars ($19,500.00), receipt of which is hereby acknowledged, and pursuant to the authority given by the member(s) of the Grantor, hereby represents that Grantor owns the fee simple title to and grants, bargains and conveys to the United City of Yorkville, Kendall County, Illinois, a municipal corporation (Grantee), An easement over, under, upon and across the Permanent Easement area shown and labeled on the Easement Exhibit, attached hereto as Exhibit A (the "Premises"), for installation, maintenance, repair, replacement, and customary servicing of all water lines and supply systems, valves, vaults, boxes and hydrants and all attendant facilities and\or appurtenances for and to the United City of Yorkville. A right of access to the Premises is granted to the officers, employees and agents of the above -named Grantee to enter upon said lands in person together with their related service and emergency equipment for all such purposes stated herein. No permanent buildings shall be placed upon the Premises-, however the same may be used for such purposes, specifically including the construction, use and maintenance of a paved surface and\or landscape area, that do not now or in the future interfere with the rights and uses granted herein, provided the established ground elevations in the areas immediately surrounding the Premises remain unchanged. Grantees shall replace and restore any surfaces and\or plants disturbed by the exercise of any rights granted herein. The Premises are situated in the County of Kendall, State of Illinois. Grantor shall have and retains all rights to use and occupy the Premises and access to Grantor's remaining property, except as herein expressly granted; provided, however, Grantor's use and occupation of the Premises may not interfere with Grantee's use of the Premises for the purposes herein described. This Permanent Easement is made, executed and delivered pursuant to a resolution duly adopted at a meeting of the members of the said limited liability company held on the Q5 day of Pk4,VAk9V , 20 Page I of 2 Kendall County 202500011952 Page 1 of 4It 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 opening, improving, and using the Premises for the above stated purposes. This acknowledgment does not waive any claim for trespass or negligence against the Grantee or Grantee's agents which may cause damage to 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 a�a day of a UA-ZA 5� 2025. CayCo Enterprises, LLC Company Name By: G� Signature Erin Hardesty, Manager Print Name and Title State of Illinois ) ss County of This instrument was acknowledged before me on�;(� 2� 2025, by Erin Hard of CayCo Enterprises, LLC. , as Manager (SEAL) - .db-ldb- T, � Q, q, � 7—Vt, OFFICIAL SEAL Notary P lic PRISCILA APRIL ROTHMAN Notary Public, State of Illinois Commission No 994529 My Commission Expires: l LV My commission Expires August 01 2028 This instrument was prepared by: Mark D. Mathewson Mathewson Right of Way Company 2024 Hickory Road, Suite 205 Homewood, IL 60430 Grantee's Address: United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 Page 2 of 2 Kendall County 202500011952 Page 2 of 4 EXHIBIT A PARCEL 011PE — 20' PERMANENT WATERMAIN EASEMENT THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY MOST CORNER OF THE PARCEL DESCRIBED IN DOC 201800003848; THENCE NORTH 44 DEGREES 41 MINUTES 55 SECONDS EAST, ALONG THE SOUTH LINE OF STATE ROUTE 71, A DISTANCE OF 20.20 FEET; THENCE SOUTHEASTERLY 551.47 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 855.00 FEET, CHORD BEARING SOUTH 55 DEGREES 35 MINUTES 32 SECONDS EAST AND CHORD LENGTH OF 541.96 FEET TO A POINT OF TANGENCY; THENCE SOUTH 74 DEGREES 04 MINUTES 13 SECONDS EAST, 275.89 FEET, THENCE SOUTH 64 DEGREES 05 MINUTES 29 SECONDS EAST, 49.89 FEET TO THE SOUTHEAST LINE OF A PARCEL OF LAND DESCRIBED IN DOCUMENT 202000017758; THENCE SOUTH 56 DEGREES 50 MINUTES 02 SECONDS WEST ALONG SAID SOUTHEAST LINE, 23.31 FEET TO THE NORTHEASTERLY LINE OF STATE ROUTE 126; THENCE NORTH 64 DEGREES 05 MINUTES 29 SECONDS WEST, ALONG SAID NORTHEASTERLY LINE, 36.17 FEET; THENCE NORTH 74 DEGREES 04 MINUTES 13 SECONDS WEST, ALONG SAID NORTHEASTERLY LINE, 274.14 FEETTO A POINT OF CURVATURE; THENCE NORTHWESTERLY 561.50 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 875.00 FEET, CHORD BEARING NORTH 55 DEGREES 41 MINUTES 11 SECONDS WEST AND CHORD LENGTH OF 551.91 FEET TO THE POINT OF BEGINNING. ALL IN KENDALL COUNTY, ILLINOIS. Kendall County 202500011952 Page 3 of 4 aeakE�RE�:'xymms: ��"zaEQmg p" 5u:k :a.aa�,a�e"3Ra;qa� $= E: R 4"y"otlod�a"_• A FU"andg 4 ,a h=. nFy mo" ,aF .a^8mk. t : o " min ok m^� a€.em$e&yo nvR �R�P Rm4io�R"p . Z10 K� mgo Fo�Rm��m�MmNS°,R ^ pomm4m�R�A:n^u SCR o� - " E 3t iy' oz� S�o a �z� o m 0 -gym y m m I� qti � CA CA 4� di v� ,,pp pd jj11 \ O _� b7 iE 114 $ '$ yw. m 0� Kendall County 202500011952 Page 4 of 4