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Ordinance 2025-72UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2025-72 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AUTHORIZING THE ACQUISITION OF AN EASEMENT 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 141h day of October, 2025 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on October 21, 2025. Ordinance No. 2025-72 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AUTHORIZING THE ACQUISITION OF AN EASEMENT 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 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 5111-129-1 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 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 easement, as attached hereto, is to be conveyed to the City and is hereby approved and accepted: A. Permanent Construction Easement from Tamara Baird, a widowed person, and not in a party to a civil union, dated October 3, 2025, and located on the parcel identified by PIN No. 05-03-300-007, 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. Ordinance No. 2025-72 Page 2 Section 3. The City Council hereby authorizes a single payment of $18,000.00 to Tamara Baird as grantor of the easement, 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 141h day of October, A.D. 2025. KA L4,4,-QYq(D CI Y 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 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this day of Attest: 1 ITY CLERK A.D. 2025. MAYOR Ordinance No. 2025-72 Page 3 Owner Tamara Baird Address 8721 State Route 126, Yorkville, Illinois Project Lake Michigan Water System Improvements County Kendall Parcel No. 0012PE P.I_N, No. 06-03-300-007 PERMANENT EASEMENT (Individual) eRECORDED 202500013786 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 10/21/2025 10:27 AM RECORDING FEE 57.00 PAGES: 4 Tamara Baird, a widowed person, and not a party to a civil union (Grantor), of the County of Kendall and State of Illinois, for and in consideration of Eighteen Thousand and 00/100's Dollars ($18,000.00), receipt of which is hereby acknowledged, represents that Grantor owns the fee simple title to and hereby 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 andlor 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 andlor 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 andlor 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. 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. Page 1 of 2 Kendall County 202500013786 Page 1 of 4 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 S3 _ day of V lum 4 eR- , 2025. By: ignature Tamara Baird Print Name State of Illinois ) ) ss County of Kendall ) This instrument was acknowledged before me on 0OA-A3g by Tamara Baird, a widowed person, and not a party to a cL union_ . (SEAL) OFRCIAI SEAL MARK BALE MATWWSON Notary Public, Stag of WAws Commissim No. iA0 m Mir Commit" Expires March M, Yo2s This instrument was prepared by: Grantee's Address: Page 2 of 2 Public My Commission Expires{��N-\o�na� 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 Return To: Wheatland Tittt;' Cody 105 W. Veterans Parkway, Yorkville, IL 60560 6�_ go, C) Kerdall Courty 202500013786 Page 2 of4 EXHIBIT A PARCEL 012PE- 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: COMMENCING AT THE NORTHERLY MOST CORNER OF THE PARCEL DESCRIBED IN DOC 202500007938; THENCE SOUTH 56 DEGREES 50 MINUTES 02 SECONDS WEST, ALONG THE NORTHWEST LINE OF SAID PARCEL, 175.41 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 48 DEGREES 57 MINUTES 04 SECONDS EAST, 32.51 FEET TO A NON TANGENT CURVE; THENCE SOUTHEASTERLY 254.91 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 2347.01 FEET, CHORD BEARING SOUTH 69 DEGREES 07 MINUTES 43 SECONDS EAST, AND CHORD LENGTH OF 254.78 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL; THENCE SOUTH 41 DEGREES 54 MINUTES 39 SECONDS EAST, ALONG SAID NORTHEASTERLY LINE, 37.34 FEET TO THE NORTHEASTERLY LINE OF STATE ROUTE 126; THENCE NORTHWESTERLY 340.33 FEET ALONG SAID NORTHEASTERLY LINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 2332.01 FEET, CHORD BEARING NORTH 69 DEGREES 21 MINUTES 39 SECONDS WEST, AND CHORD LENGTH OF 340.03 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL; THENCE NORTH 56 DEGREES 50 MINUTES 02 SECONDS EAST, ALONG SAID NORTHWESTERLY LINE, 36.66 FEET TO THE POINT OF BEGINNING. ALL IN KENDALL COUNTY, ILLINOIS. Kendall County 202500013786 Page 3 of 4 05 �[I]-500-DOT ARC, , TOTAL rvOE01NG 0.9]] ACRES PAFEEL 5 ARE epOT -ES p12 ]5 01} EASEMENT EXHiSIT / Eaxn>„e°� s"�: oa."axae°rc�eF+ }ams ue Pay. nLI- fEFnxr] ii.-se.af ��` wvKt ewN�RGwarr�re •�', xw � .e[F[S9 fib-m' f r fFRws d _ *� Ok EASEMENT EXHIBIT PART M iiU" 3. TOW IP W NORTH, k M } EAST OF THE MRO MNOPAL LFEMNO. KSNDAU 0"L . ILUAOK TOTAL HOLDING EXHIBIT T � ....x rta tr�rtI.n a P-+ oa °en[[d°n Ewsi rr >w m „xcm.� .E,o.x. asaI As ra�[n c c.c wFmNEsi c.c I- acci i� T�F., rxx¢xr Nf1e6�C° [.s.AE W[w•u c otC1N N rT[r�iepweTMx M Q,°Ms ePcv%SrSQF ] �x�is�[ soxM w ttu[[ CPP xdF, •Q�ii.rcx,o�rt a° [ S�[R+j1°iwL9 R.E xr tuRu ep �rK LLrr-1 . xeu�9 tr S]]].1 Ehl, MUG BfxetiLP-ixT°I RgK[S }� ,ixu Ri] nt5[LpP{.E wP.[Srtn ry�3Wy]x°Er iPe[ ni[ap a[srtwv Al r wxP..Fi n�xq xdem Y °[uEEx ]0 xr.ur[s 0] Ztox°[ [xi . rape Suo CONSULTINQ Ems, lqG UNITED C17Y OF YORKVILLE PARCEL D12 Engin LTIkG EIgNEER9 LE�--im 52 wl�.elxr R, 651 PRAIRIE POINTE GRW 5�w crow. ��r.o�: sossa YORKVILLE, IL BONO TAMARA BAIRO 63o.aeB mo PAGE l OF 1 co co Lo m 0 o N 0 N c a 0 U E_ a) Y