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Home My WebLink AboutOrdinance 2026-10UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2026-10 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 (Rally Homes, LLC) Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This I O'h day of February, 2026 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on February 15, 2026, Ordinance No. 2026-10 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 (Rally Homes, LLC) 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 Rally Homes, LLC, an Illinois limited liability company, dated January 19, 2026, and located on the parcel identified by PIN No. 05- 04-201-007, for the purpose of construction of a watermain and appurtenance thereto; and Ordinance No. 2026-10 Page 2 B. Permanent Construction Easement from Rally Homes, LLC, an Illinois limited liability company, dated January 19, 2026, and located on the parcel identified by PIN No. 05- 04-201-007, 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. Section 3. The City Council hereby authorizes a single payment to Rally Homes, LLC of $5,000.00 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 10`' day of February, A.D. 2026. 'a�j ITY 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 AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this/� day of (� , A.D. 2026 Attest: ITY CLERK MAYOR Ordinance No. 2026-10 Page 3 Return Document To: Wheatland Title 105 W. Veterans Parkway Yorkville, IL 60560 WTG File No. EEI-2024KL-2027.0 (2 OF 2) eRECORDED 202600001717 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 02/05/2026 11:41 AM RECORDING FEE 57.00 PAGES: 5 TEMPORARY CONSTRUCTION EASEMENT (originally recorded as 202600001491 & 20260001608) ***RE-RECORDING TO CORRECT DATE OF DOCUMENT AND NOTARY BLOCK*** Kendall County 202600001717 Page 1 of 5 Owner Rally Homes, LLC, a limited liability company Address 641 East Schoolhouse Road, Yorkville, Illinois Route Lalm Michigan Water System Improvements County Kendall Parcel No. 0014TE P.I.N. No. 05-04-201-007 eRECORDED 202600001481 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 02/02/2026 11:20 AM RECORDING FEE 58.00 RHSP 18.D0 TEMPORARY CONSTRUCTION EASEMENT PAGES: 3 Rally Homes, LLC, a limited liability company, a limited liability company organized and existing under and by Ortue of the laws of the State of Illinois and duly authorized to do bushese under the Statutes of the State of Illinois (the 'Grant r% for and in consideration of One Dollar ($1), receipt of which is hereby admowledged, hereby grants, sells and conveys to the United City of Yorkville, Kendall County, Illinois, Its successom and assignees (Grantse), a temporary construction easement for the purpose of construction of a watermaln and appurtenances thereto, on, over, and through the real estate legally described on Exhibit A attached hereto (the 'Premisesi. 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, whirl► wer Is the sooner. Grantor shah have and retain all rights to use and occupy the Premises and access to arantDr's remaining property, except as herein expressly granted; provided, however, that Grantor's use and occupation of the Premises may not Inteffere with Grantee's use of the Premises for the purposes herein described. Grantor, without limiting the interest above granted and conveyed, acfuawbdges that upon payment of the agreed oonsideration, 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 walermaln. This admowbdgement does not waive any claim for trespass or negligenos 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 nurm wilh the land, and shall be binding upon the legal representatives, successors and assigns of Grarrtar. Page 1 of 2 TEMPORARY CONSTRUCTION EASEMENT Kendall County 202600001481 Page 1 of 3 Kendall County 202600001717 Page 2 of 5 Owner Rally Homes, LLC, a limiter liability company Address 641 East Schoolhouse Road, Yorkville, Illinois Route Lake Michigan Water System Improvements County Kendall Parcel No. 0014TE P.I.N. No. 05-04201-W7 eRECORDED 202600001608 DEBSIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 02/04/2026 09:33 AM RECORDING FEE 57.00 TEMPORARY CONSTRUCTION EASEMENT PAGES: 3 Rally Homes, LLC, a limited liability company, a limited liability company organized and WdSft under and by virtue of the laws of the State of Illinois and duly authorized to do business under the Statutes of the State of Illinois (the 'Great e), 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 for the purpose of construction of a watermaln and appurtenances ftnsto, 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 ruin all rights to use and occupy the Premises and access to Grantor`s remaining property. except as herein expressly granted; Provided, however, that GrarllWs use and occupation of the Premises may not Interfere with Grantee's use of the Promises for the purposes heroin 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 the opening, improving and using the Premises for the wafermain. This acknowledgement does not waive any claim for trespass or negligence against the Grantee or Granter's age+llts 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 4 of 2 TEMPORARY CONSTRUCTION EASEMENT Kendall County 202600001608 Page 1 of3 Kendall County 202600001717 Page 3 of 5 Dated this _1 day of qjh d 4LIA , Rally Homes, LLC, a limited liability_company _ Company Name By: �►""E ignature Anthony Montalbano, Manager Print Name and Title State of Illinois } County Yt-C^ j _y�pj� I I ) ss Coun of g J a-� This instrument was acknowledged before me on �.r.0 �� ._ , by AnthonyMontalbano , as Manager of Rally Homes, LLC, a limited liability company. (SEAL) T" WOFFICIAL 5EAL NotaryPublic ilAYMOND RONALD ROPPOLO ary Public, state of ininoGort, ornrnin No. ExpireM Commission Ex ires:$ y Commission Expires y p Me 29, 2028 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 Retum To: Wheatland TMe CorApW 105 W. ins pa*N r, l daft IL GOWO eau hL- 'ro90, v COOFP� Page 2 of 2 TEMPORARY CONSTRUCTION EASEMENT Kendall County 202600001717 Page 4 of 5 EXHIBIT A PARCEL 014TE - 30' TEMPORARY CONSTRUCTION EASEMENT THAT PART OF LOT 91 IN KENDALLWOOD ESTATES DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 91; THENCE NORTH 01 DEGREES 15 MINUTES 25 SECONDS WEST, ALONG THE EAST LINE OF SAID LOT 91, A DISTANCE OF 23.46 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 59 DEGREES 44 MINUTES 22 SECONDS WEST, 82,12 FEET TO THE WEST LINE OF SAID LOT 91; THENCE NORTH 01 DEGREES 15 MINUTES 25 SECONDS WEST, ALONG SAID WEST LINE, 35.19 FEET; THENCE SOUTH 59 DEGREES 44 MINUTES 22 SECONDS EAST, 82.12 FEET TO THE EAST LINE OF SAID LOT 91; THENCE SOUTH 01 DEGREES 15 MINUTES 25 SECONDS EAST, ALONG SAID EAST LINE, 35.19 FEET TO THE POINT OF BEGINNING, ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, Kendall County 202600001717 Page 5 of 5 Return Document To: Wheatland Title 105 W. Veterans Parkway Yorkville, IL 60560 WTG File No. EEI-2024KL-2027.0 (1 OF 2) eRECORDED 202600001716 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 02/05/2026 11:41 AM RECORDING FEE 57.00 PAGES: 6 PERMANENT EASEMENT (originally recorded as 202600001480 & 20260001607) ***RE-RECORDING TO CORRECT DATE OF DOCUMENT AND NOTARY BLOCK*** Kendall County 202600001716 Page 1 of 6 Owner Rally Homes, LLC, a limited liability company Address 641 East Schoolhouse Road, Yorkville, Illinois Route Lake Michigan Water System Improvements County Kendall Parcel No. 0014PE P.I.N. No. 05-04-201-007 PERMAYF_Ii1T CAialaGYUM (Lknftd LiabNlty Company) eRECORDED 202600001480 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 02/02/2026 11:26 AM RECORDING FEE 58.00 RHSP 18.00 PAGES: 4 Rally Homes, LLC, 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 Three Thousand Five Hundred and 00/100's Dollars ($3,500.00), receipt of which is hereby advowledged, 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 Yorkvik, 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 andbr appurtenances for and to the United City of Yorkville. A right of access to the Promises 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 some may be used for such purposes, specMCaNy including the construction, use and maintenance of a paved surface andbr 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 Promises remain unchanged. Grantees shall replace and restore any surfaces andbr 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 to Pramhaes and scorn to Grantor's remaining property, except as herein expressly granted; provided, however, Gnu toes use and occupation of the Premises may not Interfere with Grantee's use of the Promises 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 dabW company held on the It day of L&A , 20,�, pwiofz Kendall County 202600001480 Page 1 of 4 Kendall County 202600001716 Page 2 of 6 Owner Rally Homes, LLC, a limited liability company Address 641 East Schoolhouse Road, Yorkville, lllkvNs Routs Lake Michigan Water System Improvements County Kendall Parcel No. 0014PE P.I.N. No. 05-04-201-007 (Umhed Uabliity Cmpany) eRECORDED 202600001607 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 02/04/2026 09:33 AM RECORDING FEE 57.00 PAGES: 4 Rally Homes, LLC, a limited liability company, organized and existing under and by virtue of the laws of the Stabs of Illinois, (Grantor), for and in oonsideration of Three Thousand Five Hundred and 001100's Dollars ($3,500.00), receipt of which is hereby admwledged, and pursuant to the authority given by the member(s) of the Grantor, hereby represents that Grantor owns the be 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 andbr appurtenances for and to the United City of Yorkville. A right of access to the Premises is granted to the officers, empknyses and agerrts of the above -named Grantee to enter upon said lands in person together with their related servioe and emergency equipment for all such purposes stated herein. No permanent buNdings shall be placed upon the Premises: however the some may be used for such purposes, specifically including the construction, use and maintenance of a paved surfaoe ardor 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 andbr plants disturbed by the exercise of any rights granted herein. The Premises are situated in the County of Kendall, State of Illinois. Grantor shah have and retains ail 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 occriration of the Premises may not fteftre with Grantee's use of the Promises 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 I r day of u o , 20,I. Pip l aQ Kendall County 202600001607 Page 1 of 4 Kendall County 202600001716 Page 3 of 6 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. Dbl�* Dated this �� day of ayml 61 2eff. Rally Homes, LLC, _a limited liability company Company Name By: Qe$r ignature AnthonyMontalbano Manager Print Name and Title State of Illinois ) County of PA t] SS This instrument was acknowledged before me on ,4-A*5, by Anthony Montalbano_ , as Manager of Rally Homes, LLC, a limited liability company. (SEAL OFFICIAL SEAL Nota ublic RAYMOND RONALD ROPPOLO Notary Public. State of Illinois Commission No. 991418 M Commission Expires: My Commission Expires y p May 29, 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 r, U�a� 651 Prairie Pointe Drive Rot= To: � ) Yorkville, IL 60560 Wheatland To �r 105 W. veterans , Yodtdb, L 00560 6 L -,PC\A9(), 0 Page 2 of 2 Kendall Courty 202600001716 Page 4 of 6 PARCEL 014PE- 20' PERMANENT WATERMAIN EASEMENT THAT PART OF LOT 91 IN KENDALLWOOD ESTATES DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 91; THENCE NORTH 59 DEGREES 44 MINUTES 22 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 91, A DISTANCE OF 82.12 FEET TO THE SOUTHWEST CORNER OF SAID LOT 91; THENCE NORTH 01 DEGREES 15 MINUTES 25 SECONDS WEST, ALONG THE WEST LINE OF SAID LOT 91, A DISTANCE OF 23.46 FEET; THENCE SOUTH 59 DEGREES 44 MINUTES 22 SECONDS EAST, 82.12 FEET TO THE EAST LINE OF SAID LOT 91; THENCE SOUTH 01 DEGREES 15 MINUTES 25 SECONDS EAST, ALONG SAID EAST LINE, 23.46 FEET TO THE POINT OF BEGINNING, ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. Kendall County 202600001716 Page 5 of 6 EASEMENT EXHIBIT PART OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 36 NORTH. RANGE 7 EAST Of THE THIRD PRINCIPAL MERIDIAN, IN THE LHTM CITY OF YOR WI.I.E, MIDALL COUNTY, 4.UNOIS. 1 0 30 80 P.I.N. 05-04--201-007 PAR L SQUAREFOOT ACRES \ I \ 0141E 484 0.0E \ I \ \ iKMD.AN ;' :,0D EST. TES \ 1 \ \ 201 7O003594. \ i \ \ \ 1 PARCEL (1I4PE \ LOT 41 MAY PART OF LOT 91 IN kMALLNOOD ESTATES DESC169ED AS 34.119 9F FCLLOM BEOMIING AT THE SOUTHEAST CORNER OF SAD LOT 1"; \ THENCE NORTH 59 DEGREES 44 WARES 22 SET:ONDS WEST. AOMO \ THE SOUTH LIRE OF SAD LOT 91. A DISTANCE OF OL12 FEET TO THE SOUTHOW CORNER OF SAW LOT In: THENCE NDRRN 01 CE1GftE 1 15 WNUWS 25 SECONOS HEST, A014 THE w= UNE OF &NO LOT 91. A DISTANCE OF 23.45 fEET. THENCE SOUTH 59 DEORMS 44 NNUTES 22 SECONDS EAST. 6212 FEET TO THE EAST LINE OF SAO LOT 91: THENCE SOUTH M DEGREES 15 NNOTES 23 MXINDS EAST, ALONG I I SAID EAST USE, Z&46 FEET TO THE POINT OF BEGNOM ALL IN THE UMTSU CITY OF YORKMI6 KENDAL. COUNTY. L19NOm PARM 9141E THAT PART OF LOT 91 NN IIENOALLWOOO EST47ES DESCRW AS FCLUMM COMLENCNO AT THE SOUTHEAST CORNEA OF SAD LOT IM THENCE NORTH M DEGREES 15 LNNUTES 25 SECONDS HEST, ALONG THE EAST U E OF SAIO LOT 91. A DISTANCE OF U46 FEET FOR THE POINT OF OELTFLNN% THENCE NORTH 59 DEONEES 44 YNUTiS 22 SECONDS NEST, 62T2 FEET TO THE REST LIE OF SAD LOT 91: THENCE: NORTH Of DEGREES 15 MHUIES 25 SECONDS WEST. ALONG SAID A65T UNE. 35.19 FEET: THENCE SOUTH 59 DECREES 44 WNUTES 22 SECONDS EAST, 62.12 FEET TO THE EAST UK OF SAFE LOT 0: THENCE SOUTH DI DEGREES 15 MUTES 25 SECOIpS EAST, ALONG I { SAID EAST UIE, 35.19 FEET TO THE PONT OF 9MN05W, ALL N THE UNITED CTTY OF YC16MLLE. LEND LL COUNTY. LUNOIS. I I I 1 � II \. STATE OF L-9401S) COUNTY OF KAAO L.F. THIS tS TO CERTIFY THAT W- ENG042RIM WWW"SES INC- ED MT F THE � �'/ _\ ' T,44, 1 ABOVE OESCPoPTION, AWE)EO ALL DISTANCES SHOW AM IN FEET AND DEOUALS 11*3MO . K �� ®�\ P.O.& � j � PARCEL 00147E OPEN UNDEN FNY HAND AND SEAL AT SUGAR DRONE. wNOS. M 041 DAY OF 1UODODOL 2024, \ y1 y, \ 5Y: PROFESSIONAL LAND S M&-fCR j3551 (E)OIRES 11-30-25) \ ENC9NEERENC ENTER' W- PRWES9WAL DESIGN FIRM /164-D02003 * + # 26 \ PARCEL OO14PE PARCEL \ CE>wREs 04-30 27) 01 PARCEL 00147E \ �R C__IrmWng Cnb�__F Inc. UNITED CITY OF YORKVILLE DATE: DOMMM =4 PROJECT N0. vm19 CONWLIM 0412NEMS 651 PRAIRIE POINTE DRIVE FILE VOW"ARCEL 014 52 1AII1eeler Road Sugar Grave, Illinois 60554 YORKVILLE, IL 6056050=0 PAGE OF 1 630.466.6700 / www.eeiweb_cam Kendall County 202600001716 Page 6 of 6