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HomeMy WebLinkAboutOrdinance 2026-12UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2026-12 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AUTHORIZING THE GRANT OF CERTAIN 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 10"' day of Februa►y, 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. 2026-12 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AUTHORIZING THE GRANT OF CERTAIN 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 5111-129-1 et. seq.); and WHEREAS, the Mayor and City Council (the "Corporate Authorities") have determined that it 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 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 including a new water tower and supply line (the "Water Source Project"); and WHEREAS, The DuPage Water Commission will need to construct and will require continuous access to metering stations at two receiving station sites being constructed by the City (the "Metering Stations"); and WHEREAS, in order to proceed, it is necessary to grant easements to the DuPage Water Commission for the construction of and access to the Metering Stations 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 conveyed by the City to the DuPage Water Commission are hereby approved and accepted: A. A perpetual, non-exclusive permanent easement at the property identified by PIN No. 05-03-300-043 and commonly known as 8621 IL Route 126, Yorkville, IL 60560 for the purpose of laying, installing, maintaining, operating, renewing, Ordinance No. 2026-12 Page 2 repairing, replacing and removing water mains, manholes and manhole structures, metering stations and other facilities and equipment related thereto; and B. A perpetual, non-exclusive permanent easement at the property identified by PIN No. 02-11-300-015 and commonly known as 3299 Lehman Crossing, Yorkville, IL 60560 for the purpose of laying, installing, maintaining, operating, renewing, repairing, replacing and removing water mains, manholes and manhole structures, metering stations and other facilities and equipment related thereto. Section 3. The City Council hereby authorizes payments as stated above for each of the 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 I0`h day of February, A.D. 2026. Cl) 'aTY CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE RUSTY CORNEILS AYE RUSTY I YETT AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this/2Tday of F-1604084 A.D. 2026. Attest: CITY CLERK Ordinance No. 2026-12 Page 3 202600014784 GRANT OF DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL PERMANENT EASEMENT RECORDED: 10/09/2026 11:41 AM TO DUPAGE WATER COMMISSION RECORDING FEE 57.00 PAGES: 7 The United City of Yorkville, Illinois, a local municipal corporation, its successors, assigns, heirs, administrators and executors (hereinafter collectively referred to as "Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00), and other good and valuable consideration, in hand paid by DUPAGE WATER COMMISSION, a County Water Commission and Public Corporation under 65 ILCS 5/11-135-1, et seq. and 70 ILCS 3720/1, et seq. (hereinafter "Grantee"), the sufficiency and receipt of which is hereby acknowledged, does hereby give and grant unto said Grantee, its successors and assigns, a perpetual, non-exclusive easement for the purpose of laying, installing, maintaining, operating, renewing, repairing, replacing and removing water mains, manholes and manhole structures, metering stations and other facilities and equipment related thereto (hereinafter "Grantee's Facilities"), in, upon, under, along and across the following described property (hereinafter "Easement Premises"), whether below grade or above grade: SEE EXHIBIT ``A" ATTACHED HERETO AND INCORPORATED HEREIN together with reasonable right of access thereto for said purposes. Grantor and Grantee understand and agree that Grantor shall also construct, lay, install, maintain, operate, renew, repair, replace and remove Grantor's facilities and equipment (hereinafter "Grantor's Facilities"), in, upon, under, along and across the Easement Premises and its adjacent property below grade, at grade or above grade. The parties agree to cooperate in determining where Grantee's Facilities shall be located so as to not interfere with Grantor's Facilities now or in the future and shall document their agreement in writing. Grantee shall not use or place, or cause or permit to be used or placed, within the Easement Premises any structure, equipment or item whose weight or load will cause damage to Grantor's Facilities or which will in any manner interfere with, disturb, damage, destroy, injure, obstruct or permit to be obstructed Grantor's Facilities, whether below grade or above grade, or the Easement Premises, shall not interfere with Grantor's access to the Easement Premises or Grantor's Facilities, and shall not connect or permit the connection of Grantor's Facilities to any of Grantee's Facilities at any time whatsoever without the prior written consent of Grantor. Grantor shall not use or place, or cause or permit to be used or placed, within the Easement Premises any structure, equipment or item whose weight or load will cause damage to Grantee's Facilities or which will in any manner interfere with, disturb, damage, destroy, injure, obstruct or permit to be obstructed Grantee's Facilities, whether below grade or above grade, or the Easement Premises, shall not interfere with Grantee's access to the Easement Premises or Grantee's Facilities, and shall not connect or permit the connection of Grantee's Facilities to any of Grantor's Facilities at any time whatsoever without the prior written consent of Grantee. Grantee agrees to rough grade and place an erosion control blanket on any portion of the Easement Premises damaged and/or disturbed by Grantee during the original installation of Grantee's Facilities on the Easement Premises. Grantee shall also be responsible for restoring that portion of the Easement Premises damaged and/or disturbed by Grantee during any subsequent maintenance, repair, replacement or removal of Grantee's Facilities on the Easement Premises to a condition as good as, or better than, that which existed immediately prior to Grantee entering the Easement Premises for such purposes. Regarding such restoration, Grantor acknowledges that property restoration is dependent upon weather; therefore, weather permitting, Grantee agrees that it shall perform all such restoration in a timely manner. Grantee agrees that other than the Easement Premises, no portion of Grantor's property shall be used, damaged, or disturbed. To the fullest extent permitted by law, the Grantee agrees to indemnify, defend and hold Grantor, its officers, directors, employees and tenants harmless from and against all liability, claims, damages, losses and reasonable expenses arising out of or resulting from this Grant of Permanent Easement, excepting, however, any such matters which arise out of the acts or omissions of Grantor or their agents, employees, successors, assigns, heirs, administrators, executors or affiliates. Grantee shall use commercially reasonable efforts to not disrupt or interfere with Grantor's access, as currently existing, to the Easement Premises or any other part of Grantor's property in exercising its rights granted herein. Grantee shall access the Easement Premises and Grantee's Facilities utilizing the Easement Premises or public rights -of -way, provided that if Grantee requires temporary access to its Easement and facilities through Grantor's Property, Grantee shall provide notice thereto to Grantor and Grantor will provide such temporary access. Grantor represents and warrants to the Grantee that the Grantor (i) is the true and lawful owner of the Easement Premises described herein and has full right and power to grant and convey the rights granted and conveyed herein, and (ii) has not granted any other permanent rights to, through, across or along the Easement Premises that would prevent Grantee from utilizing the Easement Premises for the intended purposes. By recording this Grant of Permanent Easement, Grantee acknowledges its acceptance hereof and its obligations hereunder and agrees to be bound by the terms hereof. 1 WITNESS WHEREOF, the Grantor has �L , A.D., rnttn- UNITED TY OF YORKVILLE By: MAYOR ATTEST: ity Clerk k, ' Cyr' ® SEAL Z., ........... c. hereunto set their hands and seals this F) day of DUPAGE WATER COMMISSION 2, By: Paul May, Gene I Manager TEST: Danna M �dZall. Clerk This docufnent prepared by and returned to: Phillip A. Luetkehans, Esq. Luetkehans, Brady, Garner & Armstrong, LLC 2700 International Drive Suite 305 West Chicago, IL 60185 3 Property Address: 8621 IL Route 126 Yorkville, IL 60560 PIN: 05-03-300-043 STATE OF ILLINOIS ) COUNTY OF )SS I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY thatSdlh RArun , as k-TWOY' of Grantor, personally known to me to be the same person whose name is subscribed to th foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal on this'9f�—\day of iJl'l-�Gl�l f3FF1CIAL SEAL MIDNICA M CISIJA Not Public, Slate of Illinois Commission No.1010703 M, Commission Expires %Aa 97 2n9 STATE OF ILLINOIS ) ) SS COUNTY OF ) Notary Public I, the nders"oped, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that �RIfL- , /qW , as General Manager of the DuPage Water Commission, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that she signed, sealed and delivered the said instrument as her free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal on this �j .0 day of aV51 , �� Public `Mcial Seal HEATHER J 4ATOLI Notary Public, State of Illinois commission No. 945046 My Commission Expires January 4, 2030 4 EXHIBIT A Legal Description/Depiction of Easement Pre►nises Legal Description THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EASE OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 01 DEGREES 17 MINUTES 31 SECONDS EAST, ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, 1275.36 FEET TO THE SOUTH LINE OF PARCEL 1 DESCRIBED IN DOCUMENT 201800000918 RECORDED IN THE KENDALL COUNTY RECORDERS OFFICE; THENCE SOUTH 88 DEGREES 50 MINUTES 42 SECONDS WEST, ALONG SAID SOUTH LINE, 281.95 FEET TO THE SOUTHEAST CORNER OF A PARCEL DESCRIBED IN DOCUMENT 202500008078, RECORDED IN THE KENDALL COUNTY RECORDERS OFFICE FOR THE POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 50 MINUTES 42 SECONDS WEST, ALONG THE SOUTH LINE OF SAID PARCEL, 333.12 FEET TO THE NORTHEAST CORNER OF A PARCEL DESCRIBED IN DOCUMENT 202500004340, RECORDED IN THE KENDALL COUNTY RECORDERS OFFICE; THENCE SOUTH 38 DEGREES 10 MINUTES 32 SECONDS WEST, 83.36 FEET TO THE CENTER LINE OF STATE ROUTE 126; THENCE NORTHWESTERLY 98.67 FEET, ALONG SAID CENTERLINE, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 2292.01 FEET, CHORD BEARING NORTH 57 DEGREES 56 MINUTES 31 SECONDS WEST AND CHORD LENGTH OF 98.66 FEET TO THE SOUTH LINE OF PARCEL 1 DESCRIBED IN DOCUMENT 202200012732; THENCE NORTH 88 DEGREES 45 MINUTES 58 SECONDS EAST, ALONG SAID SOUTH LINE, 70.30 FEET TO THE EAST LINE OF SAID PARCEL 1 DESCRIBED IN SAID DOCUMENT 202200012732; THENCE NORTH 11 DEGREES 02 MINUTES 42 SECONDS WEST, ALONG THE EAST LINE OF SAID PARCEL 1, A DISTANCE OF 455.50 FEET; THENCE NORTH 88 DEGREES 50 MINUTES 42 SECONDS EAST, A DISTANCE OF 400.00 FEET; THENCE SOUTH 11 DEGREES 02 MINUTES 42 SECONDS EAST, A DISTANCE OF 445.00 FEET TO THE POINT OF BEGINNING. ALL IN KENDALL COUNTY, ILLINOIS. PIN: 05-03-300-043 EXHIBIT N88'50'42"E N 1 `r � �D N 88'45 \O - eIS 9?0,. NS�98s�, � y863je ss, w a� A3 EAST LINE OF PARCEL ONE DESCRIBED IN DOCUMENT 202200012732 Engineering Enterprises, Inc. CONSULTING ENGINEERS 52 Wheeler Road Sugar Grove, Illinois 6D554 630.466.6700 / www.eeiweb.com %3-Oz FOUND IRON PIPE AT CORNER 3r 3 N.T.S. `�s� I W N] � Ui r ry 0— SOUTH LINE OF PARCEL ONE DESCRIBED IN DOCUMENT 201800000918 S88'50'42"W 333.12' — — — — 281.95' �I i S88'50'42"W w P.O.B. M M r� o to Cn I Q 3! 3 „10 10�, FILE NO: Y02416—DWC—EASE 202600014783 DEBBIE GILLETTE GRANT OF RECORDER - KENDALL COUNTY, IL RECORDED: 10/09/2026 11.41 AM PERMANENT EASEMENT RECORDING FEE s7.00 TO DUPAGE WATER COMMISSION PAGES: 7 Tile United City of Yorkville, Illinois, a local municipal corporation, its successors, assigns, heirs, administrators and executors (hereinafter collectively referred to as "Grantor"), for and in consideration of the sum of Ten and No/l00 Dollars ($10.00), and other good and valuable consideration, in hand paid by DUPAGE WATER COMMISSION, a County Water Commission and Public Corporation under 65 ILCS 5/11-135-1, et seq. and 70 ILCS 3720/1, et seq. (hereinafter "Grantee"), the sufficiency and receipt of which is hereby acknowledged, does hereby give and grant unto said Grantee, its successors and assigns, a perpetual, non-exclusive easement for the purpose of laying, installing, maintaining, operating, renewing, repairing, replacing and removing water mains, manholes and manhole structures, metering stations and other facilities and equipment related thereto (hereinafter "Grantee's Facilities"), in, upon, under, along and across the following described property (hereinafter "Easement Premises"), whether below grade or above grade: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN together with reasonable right of access thereto for said purposes. Grantor and Grantee understand and agree that Grantor shall also construct, lay, install, maintain, operate, renew, repair, replace and remove Grantor's facilities and equipment (hereinafter "Grantor's Facilities"), in, upon, under, along and across the Easement Premises and its adjacent property below grade, at grade or above grade. The parties agree to cooperate in determining where Grantee's Facilities shall be located so as to not interfere with Grantor's Facilities now or in the future and shall document their agreement in writing. Grantee shall not use or place, or cause or permit to be used or placed, within the Easement Premises any structure, equipment or item whose weight or load will cause damage to Grantor's Facilities or which will in any manner interfere with, disturb, damage, destroy, injure, obstruct or permit to be obstructed Grantor's Facilities, whether below grade or above grade, or the Easement Premises, shall not interfere with Grantor's access to the Easement Premises or Grantor's Facilities, and shall not connect or permit the connection of Grantor's Facilities to any of Grantee's Facilities at any time whatsoever without the prior written consent of Grantor. Grantor shall not use or place, or cause or permit to be used or placed, within the Easement Premises any structure, equipment or item whose weight or load will cause damage to Grantee's Facilities or which will in any manner interfere with, disturb, damage, destroy, injure, obstruct or permit to be obstructed Grantee's Facilities, whether below grade or above grade, or the Easement Premises, shall not interfere with Grantee's access to the Easement Premises or Grantee's Facilities, and shall not connect or permit the connection of Grantee's Facilities to any of Grantor's Facilities at any time whatsoever without the prior written consent of Grantee. Grantee agrees to rough grade and place an erosion control blanket on any portion of the Easement Premises damaged and/or disturbed by Grantee during the original installation of Grantee's Facilities on the Easement Premises. Grantee shall also be responsible for restoring that portion of the Easement Premises damaged 1\ and/or disturbed by Grantee during any subsequent maintenance, repair, replacement or removal of Grantee's Facilities on the Easement Premises to a condition as good as, or better than, that which existed immediately prior to Grantee entering the Easement Premises for such purposes. Regarding such restoration, Grantor acknowledges that property restoration is dependent upon weather; therefore, weather permitting, Grantee agrees that it shall perform all such restoration in a timely manner. Grantee agrees that other than the Easement Premises, no portion of Grantor's property shall be used, damaged, or disturbed. To the fullest extent permitted by law, the Grantee agrees to indemnify, defend and hold Grantor, its officers, directors, employees and tenants harmless from and against all liability, claims, damages, losses and reasonable expenses arising out of or resulting from this Grant of Permanent Easement, excepting, however, any such matters which arise out of the acts or omissions of Grantor or their agents, employees, successors, assigns, heirs, administrators, executors or affiliates. Grantee shall use commercially reasonable efforts to not disrupt or interfere with Grantor's access, as currently existing, to the Easement Premises or any other part of Grantor's property in exercising its rights granted herein. Grantee shall access the Easement Premises and Grantee's Facilities utilizing the Easement Premises or public rights -of -way, provided that if Grantee requires temporary access to its Easement and facilities through Grantor's Property, Grantee shall provide notice thereto to Grantor and Grantor will provide such temporary access. Grantor represents and warrants to the Grantee that the Grantor (i) is the true and lawful owner of the Easement Premises described herein and has full right and power to grant and convey the rights granted and conveyed herein, and (ii) has not granted any other permanent rights to, through, across or along the Easement Premises that would prevent Grantee from utilizing the Easement Premises for the intended purposes. By recording this Grant of Permanent Easement, Grantee acknowledges its acceptance hereof and its obligations hereunder and agrees to be bound by the terms hereof. IN WITNESS WHEREOF, the Grantor has A.D., UNITED CITY OF YORKVILLE By: MAYOR ATTEST: City Clerk �.. to SAL s hereunto set their hands and seals this day of DUPAGE WATER COMMISSION V,� b. �, By: Paul May, Gener 1 Manager ATTEST: (By: Danna rundall, Clerk This document prepared by and returned to: Phillip A. Luetkehans, Esq. Luetkehans, Brady, Garner & Armstrong, LLC 2700 International Drive Suite 305 West Chicago, IL 60185 3 Property Address: 3299 Lehman Crossing Yorkville, IL 60560 PIN: 02-11-300-015 STATE OF ILLINOIS ) ) SS COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY thatjohn MQell , as of Grantor, personally known to me to be the same person whose name is subscribed to e foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal on this day of OFFICIAL SEAL MDNICA M CISIJA Notary Pubk, State of Illinois Commission No.1010703 My Commission Expires Ma 22 2029 04 STATE OF ILLINOIS ) ) SS COUNTY OF ) Notary Public 11 the ndersi ned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that FftUL-T). ft� , as General Manager of the DuPage Water Commission, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that she signed, sealed and delivered the said instrument as her free and voluntary act for the uses and purposes therein set forth. Sr Given under my hand and notarial seal on this + day of -2046 . aal Seal FATHER! DATaLI Notary Public, State of Illlnois Commission No. 445046 µy Commission Expires January 4 1030 4 EXHIBIT A Legal Description/Depiction of Easement Premises Legal Description LOT 3013 IN THE FINAL PLAT OF GRANDE RESERVE UNIT 8, PER DOCUMENT 200400023009, UNITED CITY OF YORKVILLE, IN KENDALL COUNTY, ILLINOIS. PIN: 02-11-300-015 EXHIBIT W o 36h a N GRANDE RESERVE UNIT 8 DOC # 200400023009 z - LOT 3013 'w Lo N.T.S. N 00 to N Q N Q Q N d to Z 380.00' S89'50'35"W r Engineering Enterprises, Inc. ` a CONSULTING ENGINEERS } 52 Wheeler Road 13 i Sugar Grove, Illinois 60554 630.466.6700 / www.eeiweb.com FILE NO: Y02415—DWC—EASE