Ordinance 2009-37 STATE OF ILLINOIS )
COUNTY OF KENDALL )
ID E ENE -13= IE.
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KENDALL (',0U141 - Y, 11
RECORDED: 8/26/2009 1:45 PH
ORDI: 53.00 RHSPS FEE: 10.00
PAGES: 8
Ordinance No. 2009 - �3
AN ORDINANCE REZONING THE FOUNTAINVIEW SUBDIVISION FROM
B -3 SERVICE BUSINESS DISTRICT TO PLANNED UNIT bEVELOPMENT (PUD)
WHEREAS, by petition dated April 17, 2009, Apex Developers, LLC filed with the
United City of Yorkville a Petition to Amend the Fountainvew Annexation Agreement to rezone
the property as described on Exhibit "A" attached hereto as a Planned Unit Development; and
WHEREAS, said Petition, attached as Exhibit `B ", was duly referred by the City Clerk
to the City Council of the United City of Yorkville, who, in turn, referred said petition to the
Yorkville Plan Commission for study and recommendation, and to the Yorkville Economic
Development Committee for recommendation of a final decision; and,
WHEREAS, after a review of said request from the Owners /Developers, the City
Council, at its regular meeting on June 9, 2009, did not approve said request for rezoning; and,
WHEREAS, Owners/Developers filed suit in the Circuit Court of Kendall County, under
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Case 2009 MR 80 on June 11, 2009, seeking a Declaratory Judgment to reverse the action of the
City Council; and,
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WHEREAS, the City and the Owners /Developers, after serious consideration, have
deemed it to be in their respective best interests to enter into a Settlement of said Declaratory
Judgment Action filed by Owners /Developers in the Circuit Court of Kendall County, as Case
Number 2009 MR 80 to and confirm the obligations of each of them with respect to this matter;
and,
WHEREAS, the City agrees to rezone the property as a term of said settlement.
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 Subject Property is rezoned from B -3 to PUD subject to the conditions
stated in Section 2 below.
Section 2. Conditions to Apply to the Subject Property Upon Rezoning To PUD:
A. That all structures constructed on the Subject Property be of masonry material and
the structure on Lot 3 have the elevations as stated and depicted on Exhibit C
attached hereto and made a part hereof.
B. An eight foot (8') high masonry wall matching the materials of the structure(s)
surrounding the outdoor `repair vehicle storage' area and trash enclosure area
shall be constructed which wall /enclosure must be outside of any utility /drainage
easement.
C. A ten foot (10') wide asphalt trail along the IL47 frontage (Lot 1) of the property
shall be constructed consistent with the City Park Development standards as well
as sidewalks within all parcels to serve all buildings /uses in the development and
provide connection to the IL47 trail.
D. The loading area for serving any structure to be constructed on the Subject
Property shall meet the required dimension of 10' x 50'.
Section 3: This Ordinance shall be in full force and effect immediately from and after its
passage and approval according to law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
ol� day of , A.D. 2009.
City Clerk
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ROBYN SUTCLIFF � DIANE TEELING
ARDEN JOE PLOCHER WALLY WERDERICH Y'\_
GARY GOLINSKI us" MARTY MUNNS v
ROSE SPEARS GEORGE GILSON, JR.
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this 60 day of L4I-y , A.D. 2009.
Mayor
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EXHIBIT "A"
LEGAL DESCRIPTION
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4 AND PART OF THE SOUTHEAST
QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE
NORTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH 89 DEGREES, 40 MINUTES, 05
SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER 655.52 FEET TO THE
TANGENT CENTER LINE OF ILLINOIS STATE ROUTE NO. 47 EXTENDED FROM THE SOUTH;
THENCE SOUTH 1 DEGREE, 44 MINUTES, 07 SECONDS EAST ALONG SAID TANGENT CENTER
LINE AND SAID TANGENT CENTER LINE EXTENDED, 3511.16 FEET; THENCE NORTH 89
DEGREES, 29 MINUTES, 40 SECONDS EAST 548.60 FEET FOR THE POINT OF BEGINNING;
THENCE SOUTH 89 DEGREES, 29 MINUTES, 40 SECONDS WEST ALONG THE LAST DESCRIBED
COURSE 548.60 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 47 AFORESAID;
THENCE SOUTH 1 DEGREE, 44 MINUTES, 07 SECONDS EAST ALONG SAID CENTER LINE 489.07
FEET; THENCE SOUTH 86 DEGREES, 11 MINUTES, 02 SECONDS EAST 575.53 FEET TO A LINE
DRAWN SOUTH 4 DEGREES, 21 MINUTES, 07 SECONDS EAST FROM THE POINT OF BEGINNING;
THENCE NORTH 4 DEGREES 21 MINUTES, 07 SECONDS WEST ALONG SAID LINE 533.53 FEET
TO THE POINT OF BEGINNING (EXCEPT THE SOUTHERLY140 FEET, AS MEASURED ALONG THE
EAST LINE THEREOF AND ALSO EXCEPT THAT PART CONVEYED TO THE PEOPLE OF THE
STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED
MAY 8, 1990 AS DOCUMENT 90 -2884) IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY,
ILLINOIS.
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c'r�T United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630 -553 -4350
Fax: 630 -553 -7575
<LE ��� P
PC #
APP LICATION PETITION TO AMEND
ANNEXATION or PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
Development Name: F040 kill? k- e Date of Submission:
1. Name of Petitioner(s): !/� /.� ?c
Address / ��, D �,3
Phone Number: X%5 Fax Number:
Email Address: �4Y�1
Relationship of Petltioner(s) to subject property: \'
X Owner [I Developer [] Contract Purchaser
2. Name of holder of legal title, if different from #1:
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If legal title is held in a Land Trust, list the names of all holders of any beneficial interest
therein:
3. a). Street address and physical locati n of subject property:
oc: Ao� 7
b). Legal description of roperty; attach as Exhibit "A'.
c). Total Acreage:
d). Kendall County Parcel Number(s) of property:
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e). Current zoning Classification; /I/ �C p
f). Zoning Classification Requested if changing zoning:
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4. Names and addresses of any adjoining or contiguous landowners entitled to notice of petition
under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit "B ".)
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Page 1 of 5
United City of Yorkville AmcndAnnexotion(PUD Application Revised: 1.28.09
5. Date of Annexation or PU sought to be amended: /
Name of Agreement: �-f a rP
Date of Recording:
Attach a true and correct copy of agreement as Exhibit "C ".
6. State the items to be amended from the existing annexation or PUD agreement.
7. Contact Information: Name, address, phone number, fax number, and email address of person to
whom inquiries regarding this petition may be directed:
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Attorney: Name: n i P 1. T kr e r _
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Address:/ ..5. �, Gj✓� T .. [.�� /X ✓i /�� �•Z. �ad✓ v
Phone Number :A �� 5 . Fax Number:
Email Address:
Engineer: Name: / rfi
Address -_ f S. 42-me
Phone Number. SSA Fax Number:
Email Address:
Land Planner. Name: Mel.
Address: I
Phone Number: .S — Fax Number. j ig 7 1&P
Email Address:
8. Submit the following to the Community Development Department in order to be scheduled for the
necessary committee meetings. An incomplete submittal could delay the scheduling of your project.
a. Original application with legal description plus 40 copies.
b. Appropriate filing fee (Please refer to page 4 of this application "Petitioner Route,
Step 1, Fees and/or contact the Community Development Department for verification
of this amount).
c. Site Plan (if necessary): 40 sets folded to fit in a 10" x 13" envelope
d. One CD containing one electronic copy (pdf) of each of the signed application
(complete with exhibits) and site plan.
Page 2 of 5
United City of Yorkville AmendAnnex Application Revised: 1.28.09
In witness whereof the following petltioner(s) have submitted this application under oath and verify that to
the best of their knowledge its contents are true and correct and swear that the property to be annexed is
contiguous to the Uni ed City of Yorkville.
Date: U
Petitioner( S' n ure: All legal property owners of record signatures must appear on this application.) j
Subscribed and sworn to before me this J 70 day of IVA /L, 200 .
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v tWi EwNL REINSOOR
�a!t:
y�. CK W COMMISMON ONES THIS APPLICATION MUST BE NOTARIZED.
NOVEMBER 5, 2011
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Page 3 of 5
United Citv of Yorkville Amend Annexation/PUD Application Revised: 1.28.09
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