Ordinance 2010-39 STATE OF ILLINOIS )
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COUNTY OF KENDALL ) Ewa 0 1 444
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RECORDED: 8/19/2010 10:12 AM
ORDI: 51.00 RHSPS FEE: 10.00
PAGES: E
Ordinance No. 2010 - - ah
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING AN AMENDMENT TO THE ANNEXATION AGREEMENT DATED
APRIL 26, 2005, PERTAINING TO THE BRISTOL BAY SUBDIVISION
(Standard Redevelopment, Inc.)
WHEREAS, the United City of Yorkville (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 and Standard Redevelopment, Inc., a corporation of the State of Illinois,
successor in interest to LaSalle Bank National Association under Trust Agreement dated April 1, 2005,
known as Trust No. 133367; desire to amend the Annexation Agreement dated April 26, 2005,
pertaining to the Bristol Bay Subdivision, to rezone a portion of the property to B -3 Business District.
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 and made a part of this Ordinance.
Section 2. The attached Amendment to the Annexation Agreement dated April 26, 2005,
pertaining to the Bristol Bay Subdivision (Standard Redevelopment, Inc.), is hereby approved, and, the
Mayor and City Clerk are hereby authorized and directed to execute and deliver same.
Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this a,
day of C , A.D. 2010.
�RK
ROBYN SUTCLIFF DIANE TEELING
GARY GOLINSKI_ ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS S
ROSE ANN SPEARS GEORGE GILSON JR.
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 0
day of -A(,tG u5 i 2010.
MAYOR
i
Prepared by and Return to:
United City of Yorkville
800 Game Farm Rd.
Yorkville, IL, 60560
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AMENDMENT TO THE ANNEXATION AGREEMENT
DATED APRIL 26, 2005 PERTAINING TO THE BRISTOL BAY SUBDIVISION
(Standard Redevelopment, Inc.)
This Amendment (the "Amendment ") to the Annexation Agreement dated April 26, 2005
(the "2005 Annexation Agreement "), pertaining to the Bristol Bay Subdivision is entered into this
10 day of -AttG US/ , 2010, by and between the United City of Yorkville, Kendall County,
Illinois, a municipal corporation and Standard Redevelopment, Inc., a corporation of the State of
Illinois, successor in interest to LaSalle Bank National Association under Trust Agreement dated
April 1, 2005, known as Trust No. 133367.
PREAMBLES
WHEREAS, on April 26, 2005, the United City of Yorkville (the "City "), entered into an
Annexation Agreement with MSRET LLC, a Delaware limited liability company, LaSalle Bank
National Association under Trust Agreement dated April 1, 2005, known as Trust No. 133367,
LaSalle Bank National Association under Trust Agreement dated April 1, 2005, known as Trust
No. 133368 and LaSalle Bank National Association under Trust Agreement dated April 1, 2005,
known as Trust No. 133370; Centex Homes, a Nevada General Partnership; Lay -Com, Inc., an
Illinois corporation; JR Yorkville L.L.C., an Illinois limited liability company and NR Yorkville,
L.L.C.; an Illinois limited liability company, as tenants in common; and, John Rosenwinkel and
Susan Rosenwinkel, individually, and as co- trustees of EMR Trust No. 100 dated December 10,
2002 (hereinafter collectively referred to as "Owners "); and,
WHEREAS, due to the changes in the economic conditions in the country and most
particularly in the region, Standard Redevelopment, Inc., a corporation of the State of Illinois, is
successor in interest to LaSalle Bank National Association under the Trust Agreement dated
April 1, 2005, known as Trust No. 133367, one of the original "Owners" and a party to the 2005
Annexation Agreement due to conveyance resulting from a settlement agreements; and,
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WHEREAS, the Annexation Agreement provided for the annexation of approximately
630 acres of land to the City and included a certain parcel of real estate consisting of
approximately 22 acres (the "Property "), legally described on Exhibit A attached hereto and
made a part hereof, then owned by LaSalle Bank National Association under Trust Agreement
dated April 1, 2005, known as Trust No. 133367, a party to the 2005 Annexation Agreement
which Property was conveyed in 2009 to Standard Redevelopment, Inc., a corporation of the
State of Illinois (the "New Owner "); and,
WHEREAS, the New Owner has petitioned the City to rezone the Property pursuant to j
the City Zoning Ordinances as set forth in the 2005 Annexation Agreement from R -3 Residential
District to B -3 Business District in order to permit the New Owner to proceed to present a
concept plan for a planned unit development with commercial uses on this Property; and,
WHEREAS, the New Owner is prepared to participate all public hearings as required by
law to accomplish this Amendment to the 2005 Annexation Agreement and as may be required
to rezone the Property to B -3 Business District under the City's Zoning Ordinance.
NOW, THEREFORE, the parties hereto agree as follows:
1. Paragraph D under the "Recitals" as restated in Paragraph 1 of the 2005
Annexation Agreement is hereby amended to reflect the rezoning of the Property to B -3.
2. Paragraph 4 of the 2005 Annexation Agreement is hereby amended as pertaining
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to the Property, to state that prior to the execution of this Agreement, the Corporate Authorities
(as defined in the 2005 Annexation Agreement), shall have directed that the required public
hearings have been held and the Corporate Authorities shall have adopted such ordinances as
may be necessary to rezone the Property to B -3.
3. That the Zoning Map as referenced in Paragraph 5 of the 2005 Annexation
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Agreement, prepared by Smith Engineering Consultants, Inc., and last revised April 4, 2005, is
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hereby amended to reflect the rezoning of the Property from R -3 to B -3 after adoption of such
ordinances as have been deemed necessary.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the
Annexation Agreement as to a Portion of the Property Being Included in the Annexation
Agreement as to a Portion of the Property, Amended and Restated Annexation Agreement as to a
Portion of the Property and a Planned Unit Development Agreement (Bristol Bay Subdivision) to
be executed b their duly authorized officers on the above da Y Y at at Yorkville, Illinois.
United City of Yorkville, an Illinois municipal
Corporation
By: " 4� 0 l -�
Mayor
I
Attest:
Ze
er
Standard Redevelopment, Inc., a
corporation of the State of Illinois
By:
Thomas Dockweiler, President
Attes .
Secretary
a
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EXHIBIT A
Legal Description
THAT PART OF THE NORTH 1/2 OF THE SOUTH 1/2 OF SECTION 10, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID
SECTION 10; THENCE NORTH 89 DEGREES 04 MINUTES 27 SECONDS EAST ALONG THE
NORTH LINE OF SAID SOUTHWEST '/ 2661.12 FEET TO THE NORTHEAST CORNER OF
SAID SOUTHWEST 1/4; THENCE SOUTH 00 DEGREES 03 MINUTES 35 SECONDS EAST
ALONG THE EAST LINE OF SAID SOUTHWEST'/ 117.50 FEET TO THE CENTER LINE OF
GALENA ROAD AS MONUMENTED; THENCE SOUTH 67 DEGREES 13 MINUTES 12
SECONDS EAST ALONG SAID CENTER LINE 254.02 FEET TO A POINT ON A
MONUMENTED LINE THAT IS 234.10 FEET EASTERLY OF (AS MEASURED
PERPENDICULARLY THERETO) AND PARALLEL WITH THE EAST LINE OF SAID
SOUTHWEST 1/4; THENCE SOUTH 00 DEGREES 03 MINUTES 35 SECONDS EAST ALONG
SAID PARALLEL LINE, 417.75 FEET TO POINT ON A LINE THAT IS 385.00 FEET
SOUTHWESTERLY OF (AS MEASURED PERPENDICULARLY THERETO) AND PARALLEL
WITH THE CENTER LINE OF GALENA ROAD, FOR THE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 00 DEGREES 03 MINUTES 35 SECONDS EAST ALONG SAID
MONUMENTED PARALLEL LINE 686.72 FEET TO A POINT ON THE SOUTH LINE OF THE
NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 10; THENCE SOUTH 89 DEGREES 03
MINUTES 52 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTH 1/2, 1179.57
FEET TO THE EASTERLY RIGHT -OF -WAY LINE OF CANNONBALL TRAIL PER DOCUMENT
NUMBER 99886; THENCE NORTH 12 DEGREES 43 MINUTES 19 SECONDS EAST ALONG
SAID EASTERLY RIGHT -OF -WAY LINE 951.97 FEET; THENCE NORTHEASTERLY ALONG
SAID EASTERLY RIGHT -OF -WAY LINE, ALONG A CURVE TO THE RIGHT WITH A RADIUS
OF 442.50 FEET, WHICH CHORD BEARS NORTH 20 DEGREES 11 MINUTES 27 SECONDS
EAST, AN ARC LENGTH OF 115.73 FEET; THENCE NORTH 12 DEGREES 43 MINUTES 19
SECONDS EAST ALONG SAID EASTERLY RIGHT -OF -WAY PER VACATION DOCUMENT
DATED MAY 14, 2001, 51.75 FEET TO A POINT ON A LINE THAT IS 385.00 FEET
SOUTHWESTERLY OF (AS MEASURED PERPENDICULARLY THERETO) AND PARALLEL
WITH THE CENTER LINE OF SAID GALENA ROAD; THENCE SOUTH 67 DEGREES 57
MINUTES 16 SECONDS EAST ALONG SAID PARALLEL LINE 290.55 FEET TO A BEND
POINT IN SAID PARALLEL LINE; THENCE SOUTH 67 DEGREES 13 MINUTES 12 SECONDS
EAST ALONG SAID PARALLEL LINE, 703.39 FEET TO THE POINT OF BEGINNING; IN THE
TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS