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Ordinance 2008-056 STATE OF ILLINOIS ) ss. COUNTY OF KENDALL 13 IE­ Tz.9 B, 3 E 11 1' L.. I E T''TE" 1:11NDf)L.L COUNTY, :il RECORDED: 12/17/2008 11:22 AM Ordinance No. ORDI: 58.00 RHSPS FEE: 10.00 PAGES: 13 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN AMENDMENT TO THE FOUNTAINVIEW/DTD INVESTMENTS, LLC ANNEXATION AGREEMENT 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 DTD Investments, LLC, an Illinois limited liability company (the "Owner /Developer "), entered into an Annexation/Planned Unit Development Agreement on April 24, 2007 (the "Agreement"), regarding property owned by the Owner/Developer which is approximately 4.214 gross surveyed acres (the "Subject Property"); and, WHEREAS, the Owner/Developer now desires to allow a front building setback of thirty-seven (37) feet for the building to be constructed on Lot 3 of Fountainview Subdivision as measured from the North Right-of-Way line of the Fountainview Drive Right-of-Way; and, WHEREAS, the Owner/Developer also desires that the dedicated Fountainview Road Right-of- Way shall consist of sixty-six (66') feet, with thirty-three (33') of that proposed Right-of-Way being located on the North half of the Fountainveiw Drive on the property of Petitioner; and, WHEREAS, the Owner/Developer also desires to maintain a thirteen (13') foot side yard setback for the North side of the building to be constructed on Lot 3, and a ten (10') foot parking setback from said roadway as measured from the North Right-of-Way line of Fountainview Road; and, WHEREAS, Owner/Developer shall install at its expense a sidewalk on the North side of Fountainview Drive parallel with Fountainview Drive in an Easement granted by the Developer to the City outside of said Right-of-Way on the Subject Property; and, WHEREAS, the Mayor and City Council deem it necessary to approve the proposed Amended Annexation/Planned Unit Development Agreement, attached hereto, to include the above-stated parameters, which is in the best interests of the health, safety, and welfare of its citizens. 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 Amended Annexation /Planned Unit Development Agreement 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 , A.D. 2008. CITY LERK ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS � `�l�Jl -� Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 9 4 day of J U n/ E- 2008. � &44 MAYOR 2 STATE OF ILLINOIS ) COUNTY OF KENDALL ) FIRST AMENDMENT TO ANNEXATION/PLANNED UNIT DEVELOPMENT AGREEMENT TO THE UNITED CITY OF YORKVILLE AND DTD INVESTMENTS, L.L.C. DATED April 24, 2007 TO THE UNITED CITY OF YORKVILLE FOR DTD INVESTMENTS, LLC AN ILLINOIS LIMITED LIABILITY COMPANY (FOUNTAINVIEW) THIS AGREEMENT is made and entered into this 24 day of �UWE .2008 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as "CITY "), DTD INVESTMENTS, LLC AN ILLINOIS LIMITED LIABILITY COMPANY, (hereinafter referred to as "OWNER/DEVELOPER "), of the County of Kendall, State of Illinois. WITNESSETH WHEREAS, DEVELOPER is the OWNER/DEVELOPER of real property which is the subject matter of said Agreement comprising approximately 4.214 gross surveyed acres, more or less, and is more particularly described in the attached Exhibit "A ", which is attached hereto and incorporated herein by reference and is hereinafter referenced as the "SUBJECT PROPERTY "; and WHEREAS, the subject real property is located within the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; nor is any portion thereof classified as flood plain; and the Subject Property was previously annexed to the 1 United City of Yorkville under Document #200700018953; and WHEREAS, DEVELOPER desires to allow a front building setback of thirty seven (37) feet for the building to be constructed on Lot 3 of Fountainview as measured from the North Right -of -Way line of the Fountainview Drive Right -of -Way; the dedicated Fountainview Road Right -of -Way shall consist of sixty -six (66') feet with thirty -three (33') of that proposed Right- of-Way being located on the North half of the Fountainview Drive on the property of Petitioner; and Developer shall maintain a thirteen (13') foot side yard setback for the North side of the building to be constructed on Lot 3, and a ten (10') foot parking setback from said roadway as measured from the north Right -of -Way line of Fountainview Road. DEVELOPER shall install at its expense a sidewalk on the North side of Fountainview Drive parallel with Fountainview Drive in an Easement granted by the DEVELOPER to the CITY outside of said Right -of -Way on the SUBJECT PROPERTY all as legally described in Exhibit "A" as to the SUBJECT PROPERTY and as depicted in the Plan Exhibit `B" which delineates all proposed setbacks attached hereto and incorporated herein by reference; and WHEREAS, OWNER/DEVELOPER is desirous of developing with the setbacks as set out in the Plan in Exhibit `B" attached hereto and incorporated herein by reference; and WHEREAS the CITY and its Plan Commission has considered the Petition to Amend the Annexation/PUD Agreement as to the SUBJECT PROPERTY, and the Plan Commission recommended approval of said PUD Amendment as to setbacks, which we depicted in the attached Exhibit `B" and which remains as shown in the Site Plan originally tendered to and reviewed by the CITY with the original Annexation Petition and Ordinance; and WHEREAS, OWNER/DEVELOPER has presented, and the CITY has considered, the 2 PUD Setback (Exhibit "B ") for the SUBJECT PROPERTY and is in compliance with the CITY COMPREHENSIVE PLAN and the contemplated development of which will be a desirable addition to the CITY; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be zoned and developed in the CITY in an orderly manner; and WHEREAS, OWNER and DEVELOPER and their representatives have held a Public Hearing in front of the CITY Council on June 24, 2008, as to said requested PUD Amendment and prior to the execution of this AGREEMENT; and said Public Hearing Notice, was duly published and a public hearing were held to consider this AGREEMENT, as required by the statutes of the State of Illinois in such case made and provided; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11- 15.1 -1 through 51.1 -5, inclusive, relating to Annexation /Planned Unit Development Agreements, the parties hereto wish to enter into a binding agreement with respect to the future zoning and development of the SUBJECT PROPERTY and to provide for various other matters related directly or indirectly to the development of the SUBJECT PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have held such public hearing and have taken all further action required by the provisions of and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Amendment to Annexation/ Planned Unit Development Agreement by the CITY. —3— NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11- 15.1-1 through 65 ILCS 5/11- 15.1 -5, as amended, as follows: A. ZONING. The CITY shall adopt an ordinance approving the requested PUD Amendment as to the SUBJECT PROPERTY described herein in the attached Exhibit "A" as to the setbacks for the construction of the Fountainview Project as set out in the attached Exhibit (i) That the SUBJECT PROPERTY shall be developed as to setbacks in substantial conformance with the attached Plan, which is incorporated herein and made a part hereof by reference as Exhibit `B ". Re- orientation of building foot prints or internal roadway or drive locations within the CITY Platting process shall be considered minor modifications that will not require further public hearing. (ii) That in all respects, the subject development shall be in conformance with the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control Ordinance, and all other applicable Ordinances except to the extent modified herein. B. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable effort, to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. C. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this —4— Agreement and shall insure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its corporate authorities and their successors in office, and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. Except to the extent modified herein the original Annexation/Planned Unit Development Agreement entered into between the parties are hereby ratified and re- confined as the Agreement of the parties. D. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and OWNERS of record of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said CITY, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. No Covenant or Agreement shall become binding on OWNER or DEVELOPER until DEVELOPER hereunder has closed the purchase of the SUBJECT PROPERTY by DEVELOPER from OWNER. E. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the CITY: CITY Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: City Attorney 800 Game Farm Road Yorkville, IL 60560 To DEVELOPER: Dean Tomich DTD Investments, LLC 815 N. Larkin Ave., Ste. 202 —5— Joliet, IL 60435 With a copy to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 or to such other addresses as any party may from time to time designate in a written notice to the other parties. F. ENFORCEABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. G. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. —6— IN WITNESS WHEREOF the undersigned have hereunto set their hands and seals this _ day of , 2008. UNITED CITY OF YORKVILLE B Valerie Burd, Mayor Att �ITY �rk Dated: 1.P-1q lo DEVELOPER DTD INVES ENTS, LL By: Attest: 04&�'n Dated: a a U0 6- -7 Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 —8— EXHIBIT LIST Exhibit "A" Legal Description Exhibit B" Fountainview Building Setbacks —9— 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, 3511.1.6 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 I DEGREE, 44 MINUTES, 07 SECONDS EAST ALONG SAID CENTER LINE 489.07 FEET; THENCE SOUTH 86 DEGREES, 1 I 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. x W 1ur3rc r1 cltvav ow { utia xaa$ av jmua bJtlq'}9�kiYiNf+ul,.l9 / ' fir // f .+" / r/ �' •r�.+,,�� /..y;;r'i /ffrlfi„rfi {, �v aaw aa� '.im �n "�owisww i �'� /I"f { /!j {,// � / // / /I'/ {/ �tx m� aei awr�s'aP� .:.,._..,.._.., ;, -.,.�. oo$ ,•f, ,,• / /;�' ✓,�; f�s3',c/ / ° yaa -aar �,iwwr$ . _ N IG I, UQIFMYL- :6:3509 yY � � �°�� j�� l�fY�,/<�jJP� � aiay -�.•�." — ry3+a? 1S'+� wN�»»dt ',�". 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