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Ordinance 2003-46 2004 0014773 Filed for Record in STATE OF ILLINOIS ) KENDALL COUNTY, ILLINOIS PAUL ANDERSON ss 06-02-2004 At 02:46 Pm. -COUNTY OF KENDALL ) ANNEX AGREE 70.00 ORDINANCE NO. 2003 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO ANNEXATION AGREEMENT,ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT OF MENARD,INC.,A WISCONSIN CORPORATION WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County,Illinois,that a certain Amendment to Annexation Agreement,Annexation and Planned Unit Development Agreement pertaining to the annexation and development of the real estate described on Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Amendment to Annexation Agreement, Annexation and Planned Unit Development Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready,willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS,the statutory procedures provided in 65 ILLCS 5/11-15.1-1 (2002),as amended, for the execution of said Amendment to Annexation Agreement, Annexation and Planned Unit Development Agreement has been fully complied with; and 1 WHEREAS, the property is contiguous to the City, and not within the boundaries of any other municipality. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1:That the Mayor and City Clerk are herewith authorized and directed to execute,on behalf of the City, an Amendment to Annexation Agreement, Annexation and Planned Unit Development Agreement concerning the annexation and development of the real estate described therein, a copy of which Amendment to Annexation Agreement, Annexation and Planned Unit Development Agreement is attached hereto and made a part hereof. Section 2: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE !� JOSEPH BESCO V VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA PROVED by me as Mayor of the United City of Yorkville,Kendall County,Illinois,this day of ,A.D. 2003. MAYOR 2 i PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this ay of , A.D. 2003. Attest: 'd&t `= .� TY CLE..kK Prepared by&Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 630.553.9500 3 r EXHIBIT LIST Exhibit "A" - "Full"legal description 4 EXHIBIT A FULL LEGAL DESCRIPTION THAT PART OF THE EAST HALF OF SECTION 21 AND PART OF THE WEST HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON PIPE STAKE SAID TO BE OVER THE ORIGINAL LOCATION OF A STONE IN THE CENTER OF THE ORIGINAL BRISTOL AND OSWEGO ROAD, PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST AND NORTH 35 DEGREES 30 MINUTES 00 SECONDS WEST 11.02 CHAINS FROM THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE CENTER LINE OF U.S. ROUTE 34, MEASURED FROM THE NORTHEAST TO NORTHWEST, 2054.60 FEET; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 87 DEGREES 07 MINUTES 00 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 825.40 FEET; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 269 DEGREES 46 MINUTES 00 SECONDS WITH THE LAST DESCRIBED COURSE,MEASURED CLOCKWISE THEREFROM, 508.20 FEET FOR THE POINT OF BEGINNING; THIS LINE HEREINAFTER REFERRED TO AS "LINE A"; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 91 DEGREES 07 MINUTES 35 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 2657.62 FEET; THENCE NORTH ALONG A LINE FORMING AN ANGLE OF 53 DEGREES 07 MINUTES 29 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED COUNTER-CLOCKWISE THEREFROM, 2004.69 FEET TO A POINT IN THE CENTER LINE OF KENNEDY ROAD; THENCE EASTERLY ALONG SAID CENTER LINE, WHICH FORMS AN ANGLE OF 96 DEGREES 22 MINUTES 42 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED COUNTERCLOCKWISE THEREFROM, 174.48 FEET; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, BEING ALONG A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 518.48 FEET, 197.57 FEET; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT, 264.42 FEET; THENCE NORTHEASTERLY ALONG SAID CENTER LINE WHICH FORMS AN ANGLE OF 180 DEGREES 31 MINUTES 15 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED COUNTER-CLOCKWISE THEREFROM, 507.14 FEET; THENCE NORTHEASTERLY ALONG SAID CENTER LINE WHICH FORMS AN ANGLE OF 180 DEGREES 52 MINUTES 04 SECONDS WITH THE LAST DESCRIBED COURSE,MEASURED COUNTER-CLOCKWISE THEREFROM, 333.07 FEET TO SAID "LINE A" EXTENDED FROM THE SOUTHEAST; THENCE SOUTHEASTERLY ALONG SAID "LINE A" EXTENDED 1295.68 FEET TO THE POINT OF BEGINNING,AND ALSO THAT PART OF LOT 3 OF MENARDS COMMERCIAL COMMONS, BEING A SUBDIVISION OF PART OF SECTIONS 21, 22 AND 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 80 DEGREES 19 MINUTES 09 SECONDS WEST, ALONG THE NORTHERLY LINE OF SAID LOT 3, 1445.56 FEET; THENCE SOUTH 9 DEGREES 43 MINUTES 51 SECONDS EAST, 715.00 FEET; THENCE SOUTH 80 DEGREES 16 MINUTES 09 SECONDS WEST, 36.04 FEET; THENCE SOUTH 4 DEGREES 04 MINUTES 34 SECONDS WEST, 1115.37 FEET; THENCE SOUTH 23 DEGREES 11 MINUTES 00 SECONDS WEST, 103.22 FEET; THENCE SOUTH 10 DEGREES 02 MINUTES 21 SECONDS WEST, 91.79 FEET; THENCE SOUTH 80 DEGREES 14 MINUTES 48 SECONDS EAST, 453.31 FEET; THENCE NORTH 43 DEGREES 41 MINUTES 21 SECONDS EAST, 14.46 FEET; THENCE SOUTH 80 DEGREES 14 MINUTES 48 SECONDS EAST, 596.07 FEET TO AN EASTERLY CORNER OF SAID LOT 3; THENCE NORTH 49 DEGREES 50 MINUTES 06 SECONDS EAST,ALONG AN EASTERLY LINE OF SAID LOT 3, 711.52 FEET TO AN EASTERLY CORNER OF SAID LOT 3; THENCE NORTH 3 DEGREES 16 MINUTES 56 SECONDS WEST, 1964.59 FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS. STATE OF ILLINOIS ) COUNTY OF KENDALL ) ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND MENARD, INC., DEVELOPER AND OWNER OF RECORD (THE PRAIRIE MEADOWS RESIDENTIAL SUBDIVISION) NOW COMES, MENARD, INC., a Wisconsin corporation, OWNER/DEVELOPER of certain real property described in the attached Exhibit "A", and the UNITED CITY OF YORKVILLE, an Illinois Municipal Corporation, who hereby enter into this Annexation and Planned Unit Development Agreement to supplement and in addition to the Petition for Zoning and Annexation and drawings submitted therewith,including the approved Concept Plan of Subdivision to be approved by the City Council of the United City of Yorkville upon the following terms and conditions and in consideration of the various agreements made between the parties they agree as follows: 1. WHEREAS, each party agrees that it is in the best interests of the OWNER/ DEVELOPER and the CITY to annex and develop the subject real property "Subject Property" described in the attached Exhibit "A" as a Planned Unit Development establishing a unique open space character and to provide for the orderly flow of traffic in the development and to adjoining real property; and 2. WHEREAS, each party agrees that it is in the best interest of the local governmental bodies affected and the OWNER/DEVELOPER to provide for specific performance standards in the development of the subject property; and 3. WHEREAS,each party agrees that a substantial impact will be had on the services of the United City of Yorkville and the Yorkville Community School District#115 by development of said real property; and 4. WHEREAS,the OWNER/DEVELOPER have agreed to perform certain requirements made by the United City of Yorkville. 5. WHEREAS, the subject real property is located contiguous to the corporate boundaries of the CITY and is not within the corporate boundaries of any other municipality; and 6. WHEREAS, the OWNER/DEVELOPER desires to annex the said real property depicted in the attached Exhibit`B"into the CITY,its Plan Commission has considered the Petition, 1 and the City Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER/DEVELOPER and the CITY; and 7. WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be annexed to the CITY in an orderly manner; and 8. WHEREAS, OWNER/DEVELOPER and its representatives have discussed the proposed annexation and have had a Public Hearing with the Plan Commission as to the annexation and the City Council as to this Agreement, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement,as required by the statutes of the State of Illinois in such case made and provided. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, as follows: A. The Subject Property depicted in the attached Exhibit `B" shall be annexed to the United City of Yorkville and zoned in conformance with each unit or zoning set forth in the approved Concept Planned Unit Development Plan. The Concept Planned Unit Development Plan shall consist of the Concept Plan, a copy of which is attached hereto and incorporated herein as Exhibit "C" and made a part hereof, providing for R-2 One-Family and R-3 Multifamily Districts. The R-2 One-Family Residential District shall be developed in general conformance with the approved Concept Plan of Subdivision attached hereto and incorporated herein by reference as part of Exhibit "C". The legal description for the R-2 One-Family Residential District shall be attached hereto and incorporated herein as Exhibit"D". The subject property described in the attached Exhibit"D"shall be annexed to the United City of Yorkville and zoned in conformance with each unit or zoning set forth in the approved Concept Plan of Subdivision and Concept Landscape plan,attached as Exhibits "C" and"C-l". The R-3 Multifamily Residential District, and shall be developed in general conformance with the approved Concept Plan attached hereto and incorporated herein by referenced as part of Exhibit"C";the legal description for the R-3 Multifamily Residential District being attached hereto and incorporated herein as Exhibit "F". The Subject Property shall further be developed and improved according to the Concept Landscape Plan, a copy of which is attached hereto and incorporated herein as Exhibit "C-1". Design and architectural standards will be identified at a future time and shall be subject to City review and approval. B. That single-family areas of the development shall be governed by the following performance standards which shall take precedence when in conflict with the City Subdivision Control Ordinance: 2 1. The lot sizes shall be a minimum of 12,000 square feet with lot lines generally following the lot lines set out and calculated on the approved Concept Plan as set out in the attached Exhibit"C". 2. Front and side yard setbacks shall be in conformance with the standards set forth in the City Zoning and Subdivision Control Ordinance currently in effect at the date of execution of this Agreement by the CITY unless otherwise modified by this Agreement. 3. Rear yard setbacks shall be in conformance with the standards set forth in the City Zoning and Subdivision Control Ordinance currently in effect at the date of execution of this Agreement by the CITY unless otherwise modified by this Agreement. 4. For the Subject Property, only a Concept Plan is approved hereby; and DEVELOPER and OWNER shall be required to submit a Final Plan as well as comply with all requirements of the CITY Planned Unit Development Ordinance, except as is provided for in this Agreement. 5. The CITY agrees to allow the following signage to be used in the development as set out in the attached Exhibit "G": Project signs: OWNER/DEVELOPER shall be allowed three(3) sign types, each of which shall be doubled sided. OWNER/DEVELOPER shall be allowed one (1) primary sign ("Primary Sign"). Said Primary sign may be located as shown on Exhibit "G" and shall have a maximum area of 100 square feet per side and a maximum height of six feet. OWNER/DEVELOPER shall be allowed three (3) neighborhood signs ("Neighborhood Sign"). Said Neighborhood Signs maybe located as shown on Exhibit"G"and shall have a maximum area of 50 square feet per side and a maximum height of six feet. OWNER/DEVELOPER shall be allowed three (3) project marketing signs ("Project Marketing Sign"). Said Project Marketing Signs maybe located as shown on Exhibit"G"and shall have a maximum area of 120 square feet per side and a maximum height of 15 feet. OWNER/DEVELOPER shall be allowed to place such signs as shown on Exhibit "G" in conformance with the standards set forth in the City Zoning and Subdivision Control Ordinance currently in effect at the date of execution of this Agreement by the CITY unless otherwise modified by this Agreement. OWNER/DEVELOPER shall not be obligated to construct any signs. 3 6. OWNER/DEVELOPER shall be permitted to construct and maintain up to ten (10) model and/or speculative homes at any given time during the development. Said model/speculative homes shall be in conformance with the standards set forth in the City Zoning and Subdivision Control Ordinance currently in effect at the date of execution of this Agreement. OWNER/DEVELOPER shall execute of a Hold Harmless Agreement with the CITY and the BRISTOL-KENDALL FIRE DEPARTMENT, stating that as long as no more than one cluster consisting of no more than five(5)model and/or speculative homes are located within one lot length of any other cluster consisting of no more than five (5) model and/or speculative homes OWNER/DEVELOPER shall be permitted up to ten (10) model and/or speculative homes at any given time during the development. No occupancy permit shall be granted for said homes until they are fully served by municipal utilities and at least a binder course of asphalt is in place as the street in front of the homes. 7. The specific variations and deviations from the CITY's ordinances,rules,and codes as set forth in Exhibit"H" and Exhibit"H-1" (said Exhibit depicts the detention pond) attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the Subject Property("Permitted Variations"). C. OWNER/DEVELOPER agrees, as part of this development, to satisfy the fee obligations imposed by the United City of Yorkville, Yorkville Parks and Recreation Department, Yorkville Community School District, Yorkville-Bristol Sanitary District and Bristol Kendall Fire Department. Those fees are described in their entirety as follows and as listed on Exhibit "E". OWNER/DEVELOPER is only responsible for the fees listed below and in Exhibit "E"; CITY hereby waives its right to collect any other fees from OWNER/DEVELOPER other than those fees listed in this Agreement pertaining to this development. Notwithstanding the previous sentence, OWNER/DEVELOPER agrees that it will be subject to any modification enacted on a non- discriminatory basis for the following fees: Building Permit, Water Connection, Water Meter attached and unattached, City Sewer Connection, Water and Sewer Inspection, and Public Walks/Driveway. Excluding Engineering and Administrative fees, all fees are broken down into either their per dwelling unit cost or per acre cost. It should be noted that all R-3 Multi-Family lots and 18 R-2 Single Family lots that encompass 73.7 acres have been previously annexed into the United City of Yorkville. The remaining 146 R-2 Single Family lots encompassing 68.5 acres are annexed as part of this Agreement. 1. United City of Yorkville: OWNER/DEVELOPER agrees to pay the following fees to the United City of Yorkville due at the issuance of the building permit: a. Building Permit- $650 plus $0.20 per square foot per dwelling unit. 4 b. Water Connection Fees - $800 per dwelling unit c. Water Meter Cost - $250 for detached units, $325 for attached units d. City Sewer Connection Fee- $2,000 per dwelling unit e. Water and Sewer Inspection Fee - $25 per dwelling unit f. Public Walks/Driveway Inspection Fee - $35 per dwelling unit 2. Development Fees: OWNER/DEVELOPER agrees to pay the following Development fees. The fees are divided between those dwelling units that have been previous annexed, and those that are annexed as part of this Agreement. The Development fees are payable at the issuance of building permits for each dwelling unit. Previously Annexed—All R-3 lots and lots 1-18 of the R-2 phase Public Works - $450 per dwelling unit Police - $150 per dwelling unit Building - $150 per dwelling unit Library- $150 per dwelling unit Bristol-Kendall Fire - $150 per dwelling unit (see section concerning fire department fees) TOTAL DEVELOPMENT FEES PER DWELLING UNIT - $1,050 Annexed as part of this Agreement Lots 19-164 of the R-2 phase Public Works - $700 per dwelling unit Police - $300 per dwelling unit Building - $150 per dwelling unit Library- $500 per dwelling unit Bristol-Kendall Fire - $150 per dwelling unit Engineering Capital Fee - $100 per dwelling unit Park &Recreation Capital Fee - $50 per dwelling unit TOTAL DEVELOPMENT FEES PER DWELLING UNIT - $1950 In addition, OWNER/DEVELOPER, at final plat approval, agrees to satisfy the Weather Warning Siren Fee for the land annexed as part of this Agreement. To that end OWNER/DEVELOPER will pay$5,137.50,or$75 multiplied by the 68.5 acres annexed by this Agreement. 3. Yorkville Parks and Recreation Department: The ordinance calls for a donation of 11.880 acres for the entire development. It has been determined that of the 11.880 acres, 6.406 is attributable to previously annexed property valued at $45,000 per acre; 5.474 acres is attributable to the property to be annexed,valued at $58,000 per acre. The OWNER/DEVELOPER agrees to dedicate a 7.1 acre park site located within the R-2 portion of the development. The balance owed(4.780 acres at $58,000 per acre totaling $277,240) shall be paid at the time of final platting of the R-3 portion. Said payment shall be in the form of either cash and/or building 5 materials at the mutual agreement ofboth the OWNER/DEVELOPER and the CITY. OWNER/DEVELOPER agrees will seed and grade the 7.1 acre site in accordance with the City Parks Development Standards, and upon Staff approval convey it to the Park Department within eighteen(18)months of the City approval of the Final Plat of Subdivision. 4. Yorkville Community School District: a). Land Cash Fee-Attached hereto and incorporated herein as Exhibit"I"is a letter from the Yorkville Community School District#115 requesting cash in lieu of a land contribution. The ordinance calls for a donation of 13.662 acres for the entire development. It has been determined that of the 13.662 acres,4.93 8 is attributable to previously annexed property valued at$45,000 per acre for a total of$222,210; 8.724 acres is attributable to the property to be annexed, valued at $58,000 per acre for a total of$505,992. The land cash fee is payable at the date of Final Plat approval as to each respective phase of the development. b). School Transition Fees - The Yorkville Community School District agrees to accept$3,000 per dwelling unit in satisfaction of the United City of Yorkville School Transition Ordinance in effect at the time this Agreement is signed, payable at the time of issuance of building permits for each dwelling unit. The total amount of School Transition Fees due will be dependent on the number units actually built. 5. Bristol Kendall Fire Department: OWNER/DEVELOPER agrees to contribute, at final plat approval, approximately 1.5 acres to the Bristol Kendall Fire Department at the southwest corner of Kennedy Road and McHugh Road. In recognition of this donation, the Bristol Kendall Fire Department agrees to reduce its fees from$300 per lot to$150 per dwelling unit for both the R-2 One-Family Residential District and the R-3 General Residence District. OWNER/DEVELOPER shall be responsible for preliminary grading of the 1.5 acre site to be donated. OWNER/DEVELOPER shall allow the Bristol Kendall Fire Department to utilize the adjacent detention area. 6. Engineering Review Fee and Developer Deposit: OWNER/DEVELOPER agrees to pay,at final plat approval for each phase of the development,an Engineering Review Fee at the rate of 1.25%of the approved engineer's estimate of cost of all land improvements,as defined in the Yorkville Subdivision Ordinance in effect at the time of this Agreement. OWNER/DEVELOPER shall deposit$500 upon submittal of the preliminary plan and$20,000 at the time of application for Site Plan approval. OWNER/DEVELOPER agrees to pay hourly fees for complex work or time-consuming developments,if the time expended on a particular development project exceeds the percentage fees set out above. Additional hourly fee work shall be subject to City Council approval. 7. Administration/Inspection Fee: OWNER/DEVELOPER agrees to pay,at 6 final plat approval for each phase of the development,an Administration/Inspection Fee at the rate of 1.75%of the approved Engineering estimate of construction costs of land improvements,including but not limited to, all public improvements to be dedicated to the City, mass earth grading, and quasi-public improvements to be maintained by the Homeowner's Association. OWNER/DEVELOPER agrees to pay hourly fees for complex work or time-consuming developments,if the time expended on a particular development project exceeds the percentage fees set out above. 8. Sanitary District Fees:OWNER/DEVELOPER agrees to pay,at annexation,to the Yorkville-Bristol Sanitary District fees for annexation and infrastructure cost. Those fees shall be $1500 per acre for the annexation fee and $3,015 per acre for the infrastructure costs. OWNER/DEVELOPER'S total obligation for Sanitary District Fees shall be $629,120.10. D. In order to facilitate maintenance of all Common Facilities as defined in Exhibit"J" and common subdivision monument signage OWNER/DEVELOPER shall form an Illinois Not-For- Profit Corporation and provide an initial estimated budget,by-laws and assessment terms creating a mechanism for said open space improvements maintenance prior to or simultaneous with the first Final Plat of Subdivision being approved by the City Council. In the event the Homeowners Association for Menard Residential Subdivision fails to carry out its maintenance responsibilities, OWNERS/DEVELOPER agrees to execute a consent to the creation of a Special Tax Service Area and have approved Ordinances encumbering all residential units of said subdivision. E. The development of the Subject Property shall be subject to all Ordinances of the CITY,except as modified by this Agreement.OWNER/DEVELOPER,except to the extent varied by this Agreement,the Concept Plan and Final Plat of each unit of the subdivision,shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance from the date of this Agreement. No change in the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance,City Reimbursement of Consultants and of Review Fees Ordinance, City School Transition Fee, and City Development Fee, which have been enacted subsequent to the execution of this Agreement shall alter the lot sizes,fees, setbacks,performance standards, or other standards or requirements for this development except as provided for in those Ordinances in effect at the time of execution of this Agreement. Developers,however,will be bound by changes in building codes, building material changes and the like that may be enacted by the CITY, so long as the same are applied in a nondiscriminatory manner throughout the CITY. In the event any modifications or amendments occur in the United City of Yorkville Subdivision Control Ordinance or other Ordinances of the CITY affecting the subdivision that benefit OWNER/DEVELOPER, said modifications shall be effective as to the subdivision in the event OWNER/DEVELOPER desire to take advantage of any modifications or amendments that are enacted by the City Council after the date of execution of this Agreement. F. Utilities and Public Improvements. On-site infrastructure construction and engineering shall be governed by the standards contained in the Yorkville Subdivision Control 7 Ordinance and other applicable Ordinances unless specifically addressed in the following,in which case this Agreement shall control: 1. Roadway right-of-ways, widths of streets, and roadway construction standards shall comply with the requirements as set out on the approved Concept Plan and each phase of the Final Plat. 2. Sanitary Sewer Facilities.DEVELOPER shall cause the Subject Property,to be annexed to the Yorkville-Bristol Sanitary District("Yorkville Bristol"or "YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville-Bristol. The installation of sanitary sewer lines to service the Subject Property and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including,without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the Yorkville- Bristol facilities,in order to facilitate the development and use of each Phase of Development of the Subject Property. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen(18)inches or more in diameter("Large Lines")shall be conveyed to Yorkville-Bristol and Yorkville-Bristol shall take ownership of and, at its expense,be responsible for the ongoing care,maintenance,replacement and renewal of said Large Lines, and the sanitary sewer lines which are less than eighteen inches in diameter("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense,be responsible for the ongoing care,maintenance,replacement and renewal of said Small Lines following the CITY's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. The CITY agrees that it shall have adequate water supplies to serve the development. 3. In the event the CITY requires OWNER/DEVELOPER to oversize water mains based on the fire flow requirements of the development,sanitary sewer mains, or storm sewer lines, the parties shall enter into a written agreement specifically providing that said costs shall be reimbursed by the CITY,or be the subject of a Recapture Agreement and Recapture Ordinance in favor of OWNER/DEVELOPER before OWNER/DEVELOPER is required to perform any oversizing. 4. Any storm water detention facility constructed on-site shall comply with the requirements as set out on the Preliminary and Final Engineering plans, 8 subject to approval of the City Engineer. 5. That off-site improvements for the provision of water, sanitary sewer and other utility and infrastructure services shall be provided by OWNER/DEVELOPER according to the City Subdivision Control Ordinance. After the installation of improvements by OWNER/DEVELOPER, the United City of Yorkville shall deliver to the subdivision site potable water characterized by such minimum flows and pressures as required by the Illinois Environmental Protection Agency. 6. The CITY agrees to negotiate with OWNER/DEVELOPER the passage of a Recapture Ordinance for any off-site sanitary sewer or water main improvement or on-site sanitary sewer or water main improvement benefiting future users that are contiguous or within a reasonable service area of the Subject Property. Any recapture shall be done by Ordinance after the CITY has reviewed Engineer's drawings, pursuant to the Engineer's Estimate of Cost and Actual Cost of the Improvements submitted by OWNER/DEVELOPER, and approved by a majority vote of the City Council. 7. OWNER/DEVELOPER and CITY agree that easements are necessary for off-site improvements to serve Subject Property with utility and municipal services. The United City of Yorkville hereby agrees to use its best efforts, including condemnation, to assist the OWNER/DEVELOPER in the acquisition of easements or permission to use easements from private parties, Bristol Township,Kendall County and the State of Illinois. The actual cost of acquisition of any easement shall be at the expense of OWNER/DEVELOPER. G. The Annexation and Planned Unit Development being approved, as part of this Agreement, shall be constructed in substantial conformance with the Concept Plan attached hereto and incorporated herein as Exhibit "C". Deviations from this Agreement shall be allowed only if approved by majority vote of the City Council,or upon City Engineer's approval as to technical parts of the Preliminary and Final Plat and/or engineering plans. OWNER/DEVELOPER further agrees to conform its Preliminary and Final Engineering and Final Plat to provide the buffering and screening agreed to as set out in the Concept Landscape Plan for the Subject Property. H. Approval of Final Plat and Final En ing eering. DEVELOPER shall have the right to develop the Subject Property in such number of phases or units (individually a "Phase of Development"and collectively the"Phases of Development")as DEVELOPER may from time to time determine in its sole discretion. Upon the submittal by DEVELOPER to the CITY of a final plat of subdivision ("Final Plat"), final landscape plan ("Final Landscape Plan") and final engineering plans("Final Engineering")for a Phase of Development,which substantially conform 9 with the Preliminary Plans as to such Phase of Development,the CITY shall promptly approve such 1 Final Plat, (so long as it is in substantial conformity with the approved Concept Plan, and that DEVELOPER is not in material breach or default as to any terms of this Agreement) Final Landscape Plan and Final Engineering in compliance with applicable law and cause the Final Plat to be duly recorded with the Kendall County Recorder's office provided DEVELOPER complies with applicable CITY regulations pertaining to (i)the posting of the applicable Security Instruments, as defined in Paragraph I of this Agreement, for such Phase of Development, (ii) the payment of applicable fees to the CITY as provided for in this Agreement and (iii) the procurement of such approvals as may be required by other governmental authorities with jurisdiction thereover. The Final Plat, Final Landscape Plan and Final Engineering are referred to herein collectively as the "Final Plans". Concurrent with and prior to recording a Final Plat, DEVELOPER shall submit to the CITY and the CITY shall review a copy of the Declaration of Covenants, Restrictions and Easements(or similarly named document)("Declaration")which will be used by DEVELOPER to establish the covenants,conditions and restrictions for such Phase of Development. The Declaration shall provide for the authority of DEVELOPER and/or the CITY to establish an association or associations of homeowners (each a "Homeowners Association") which shall have Primary Responsibility, as defined in Paragraph L thereof, for the ownership, care and maintenance of the common open space areas within the Subject Property as listed in Exhibit "J" attached hereto ("Common Facilities") and the collection of assessments from the association members to defray the cost thereof. The Declaration shall be recorded against each Phase of Development simultaneously with the recording of the Final Plat for each Phase of Development. The SSA, as defined in Paragraph L of this Agreement, shall be utilized by the CITY to carry out the Secondary Responsibility, as defined in said Paragraph L, to fund the cost of maintaining the Common Facilities. I. Security Instruments. 1. Posting Security. DEVELOPER shall deposit,or cause to be deposited,with the CITY, at DEVELOPER'S option, such irrevocable letters of credit, contractor's performance bonds or surety bonds ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY at the time this Agreement is executed. All such Security Instruments if in the form of an irrevocable letter of credit shall be substantially in a form agreeable to the parties. The City,pursuant to recommendation by the City Engineer,shall from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five percent(85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. The Security Instruments 10 for the public improvements for each Phase of Development shall be deposited with the CITY prior to the recordation of the Final Plat for each Phase of Development. 2. Release of Underground and Streets. Upon completion and inspection of underground improvements, street and related road improvements in each Phase of Development; and acceptance by the City Engineer,DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument,subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. 3. Transfer and Substitution. Upon the sale or transfer of any portion of the Subject Property,DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein by the proposed DEVELOPER. J. AMENDMENTS TO ORDINANCES. All ordinances,regulations,fees,and codes of the CITY,including,without limitation those pertaining to subdivision controls,zoning,storm water management and drainage, building requirements, official plan, and related restrictions, as they presently exist,except as amended,varied,or modified by the terms of this Agreement,shall apply to the Subject Property and its development for a period of five (5) years from the date of this Agreement.Any Agreements,repeal,or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the Subject Property except upon the written consent of DEVELOPER during said five(5)year period. After said five(5)year period,the Subject Property and its development will be subject to all ordinances,regulations, and codes of the CITY in existence on or adopted after the expiration of said five(5)year period,provided,however,that the application of any such ordinance,regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Subject Property, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the Subject Property being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding,in the event the CITY is required to modify,amend or enact any ordinance or regulation and to apply the same to the Subject Property pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the Subject Property and be complied with by DEVELOPER,provided,however,that any so called"grandfather"provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Subject Property shall be given full force and effect. K. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. The public improvements constructed as a part of the development of each Phase of Development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following 11 DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements within sixty(60)days following the submission of the as built plans. Should the CITY not approve the public improvements,it shall provide a detailed written description of why the improvements are not being accepted to the DEVELOPER within 60 days of OWNER/DEVELOPER'S request for acceptance. L. SPECIAL SERVICE AREA 1. Primary Responsibility for Common Areas. The Homeowners Association shall have primary responsibility ("Primary Responsibility") for the regular care maintenance, renewal and replacement of the Common Facilities ("Common Facilities Maintenance"), including without limitation, the mowing and fertilizing of grass,pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, the repair and replacement of fences and monument signs, the repair and maintenance of private roadways within the Subject Property so as to keep the same in a clean and slightly condition. A maintenance easement("Common Facilities Maintenance Easement") shall be established over all those Common Facilities located on the Final Plat for each Phase of Development in favor of the Homeowners Association and the CITY. The substance of the Common Facilities Maintenance Easement shall be as approved by legal counsel for the CITY and DEVELOPER, which approvals shall not be unreasonably withheld. 2. Secondary Responsibility. The CITY shall have secondary responsibility ("Secondary Responsibility") for the Common Facilities Maintenance. 3. Special Service Area. OWNER and DEVELOPER and their respective successors, assignees and grantees shall not object to and agree to cooperate with the CITY in establishing a special service area ("SSA") for the Subject Property to be utilized as a funding mechanism for the care and maintenance of the Common Facilities. The SSA shall be established concurrently with this Agreement. The SSA shall only be utilized should the Homeowners Association fail to carry out its Primary Responsibility. The CITY shall utilize the SSA to provide for sufficient funds to defray the costs,including administrative costs not to exceed fifteen percent(15%) of the total maintenance costs,thereby reasonably incurred by the CITY and to establish reserve funds for future repairs and replacements as reasonably determined by the CITY to be appropriate. The SSA shall provide for the authority of the CITY to levy up to fifty cents($.50)per$100.00 of assessed valuation("Rate Cap")to fund the payment of the aforesaid costs and expenses. In the event the CITY is prevented by law from collecting funds under the SSA in the manner contemplated herein, the Homeowners Association shall reassume responsibility for the Common Facilities. 4. Implementation. Anything contained in this Paragraph L to the contrary notwithstanding, up to the issuance by the CITY of eighty-five percent (85%) of the occupancy permits for the R-2 portion of the Subject Property("Initial Build-Out Period") 12 the Common Facilities, as appropriate, shall be owned by DEVELOPER and the Common Facilities Maintenance shall be carried out by or under the direction of DEVELOPER. The cost of carrying and administering the Common Facilities Maintenance during the Initial Build-Out Period shall be paid through assessments levied by the DEVELOPER through the Homeowners Association against the members of the Homeowners Association, with any annual shortfall in the monies thereby generated funded by DEVELOPER or as otherwise set forth in the Declaration. At the end of the Initial Build-Out Period for the R-2 District,which shall automatically occur upon the issuance of eighty-five(85%) of the occupancy permits for all of the dwelling units approved hereunder within the R-2 District, the Homeowners Association shall assume the responsibilities for the Common Facilities Maintenance. M. McHUGH ROAD. OWNER agrees to construct McHugh Road and utilities, including that portion of road that is south of OWNER'S property as shown on Exhibit"C". CITY agrees that it shall acquire, at no cost to OWNER/DEVELOPER, all necessary right-of-way property south of OWNER'S property along McHugh Road to Countryside Parkway. No delay in acquiring right-of-way property shall prevent OWNER/DEVELOPER from proceeding to complete the remaining portions of the development or effect in any way the rest of this Agreement N. KENNEDY ROAD. OWNER agrees to construct Kennedy Road as shown on Exhibit "K". O. GENERAL PROVISIONS. 1. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. 2. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER,DEVELOPER and their successors in title and interest,and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER,DEVELOPER,and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. 13 3. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement,including the payment of any fees,have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. 4. Notices. 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: United City of Yorkville Mayor Arthur F. Prochaska, Jr. 800 Game Farm Road Yorkville, IL 60560 With a Copy to: United City of Yorkville's Attorney Law Offices of Daniel J. Kramer 1107A. S. Bridge St. Yorkville, IL 60560 If to the OWNER/DEVELOPER: Pat Flynn Menard, Inc. Properties Division 4777 Menard Drive Eau Claire, WI 54703 With a Copy to: Mark Baker SEC Planning Consultants 14205 Burnet Rd., Suite 640 Austin, TX 78728 Paul H. Mahler Menard, Inc. Properties Division 4777 Menard Drive Eau Claire, WI 54703 Or to such other addresses as any party may from time to time designate in a written notice to the other parties. 14 5. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65,Sec. 5111-15.1-1,et seq.,Illinois Compiled Statutes(2002). In the event anypart or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY, OWNER, and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Subject Property. 6. Agreement.This Agreement, and any Exhibits or attachments hereto,maybe amended from time to time in writing with the consent of the parties,pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the Subject Property as to provisions applying exclusively thereto,without the consent of the owner of other portions of the Subject Property not affected by such Agreement. 7. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER or DEVELOPER to sell or convey all or any portion of the Subject Property, whether improved or unimproved. 8. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER, DEVELOPER, and their successors or assigns,to develop the Subj ect Property in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. 9. Term of Agreement. The term of this Agreement shall be twenty(20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation,unless modified by written agreement of the CITY and DEVELOPER/OWNER. 10. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. 11. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at DEVELOPER's expense. 12. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and 15 shall constitute substantive provisions of this Agreement. 13. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same document. 14. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any opened phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. 15. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. 16. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the Subject Property, the CITY, the DEVELOPER, or OWNERS, including, but not limited to, county, state or federal regulatory bodies. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 16 IN WITNESS THEREOF, the undersigned have hereunto set their hands and seals this c�day of ( , 2004. UNITED CITY OF YORKVILLE, Kendall County, Illinois '�Z& 0' i By: MAYOR Attest: e 2 a-Q' �� CIT CLERK OWNER/DEVELOPER: MENARD, INC. i By: 7N Mary Prochaska—Vice Pre ident Attest: Dated: 4L23�6 Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 17 EXHIBIT LIST Exhibit "A" - Full legal description Exhibit `B" - Annexation Parcel Exhibit "C" - Concept Plan Exhibit "C-1" - Concept Landscape Plans Exhibit "D" - R-2 One-Family Residential District legal description Exhibit `B" - Fee Schedule Exhibit"F" - R-3 General Residence District Legal Description Exhibit "G" - Signage Location Map Exhibit "H" - Permitted Variations Exhibit "H-I" - Detention Pond Permitted Variations Exhibit "I" - School land-cash contribution letter Exhibit "J" - Common Facilities Exhibit "K" - Kennedy Road 18 EXHIBIT A FULL LEGAL DESCRIPTION THAT PART OF THE EAST HALF OF SECTION 21 AND PART OF THE WEST HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON PIPE STAKE SAID TO BE OVER THE ORIGINAL LOCATION OF A STONE IN THE CENTER OF THE ORIGINAL BRISTOL AND OSWEGO ROAD, PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST AND NORTH 35 DEGREES 30 MINUTES 00 SECONDS WEST 11.02 CHAINS FROM THE SOUTHEAST CORNER.OF SAID SECTION 22; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE CENTER LINE OF U.S. ROUTE 34, MEASURED FROM THE NORTHEAST TO NORTHWEST, 2054.60 FEET, THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 87 DEGREES 07 MINUTES 00 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 825.40 FEET; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 269 DEGREES 46 MINUTES 00 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 508.20 FEET FOR THE POINT OF BEGINNING; THIS LINE HEREINAFTER REFERRED TO AS "LINE A"; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 91 DEGREES 07 MINUTES 35 SECONDS WITH THE LAST DESCRIBED COURSE,MEASURED CLOCKWISE THEREFROM, 2657.62 FEET; THENCE NORTH ALONG A LINE FORMING AN ANGLE OF 53 DEGREES 07 MINUTES 29 SECONDS WITH THE LAST DESCRIBED COURSE,MEASURED COUNTER-CLOCKWISE THEREFROM, 2004.69 FEET TO A POINT IN THE CENTER LINE OF KENNEDY ROAD; THENCE EASTERLY ALONG SAID CENTER LINE, WHICH FORMS AN ANGLE OF 96 DEGREES 22 MINUTES 42 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED COUNTERCLOCKWISE THEREFROM, 174.48 FEET; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, BEING ALONG A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 518.48 FEET, 197.57 FEET; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT, 264.42 FEET; THENCE NORTHEASTERLY ALONG SAID CENTER LINE WHICH FORMS AN ANGLE OF 180 DEGREES 31 MINUTES 15 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED COUNTER-CLOCKWISE THEREFROM, 507.14 FEET; THENCE NORTHEASTERLY ALONG SAID CENTER LINE WHICH FORMS AN ANGLE OF 180 DEGREES 52 MINUTES 04 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED COUNTER-CLOCKWISE THEREFROM, 333.07 FEET TO SAID "LINE A" EXTENDED FROM THE SOUTHEAST; THENCE SOUTHEASTERLY ALONG SAID "LINE A" EXTENDED 1295.68 FEET TO THE POINT OF BEGINNING, AND ALSO THAT PART OF LOT 3 OF MENARDS COMMERCIAL COMMONS, BEING A SUBDIVISION OF PART OF SECTIONS 21, 22 AND 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 80 DEGREES 19 MINUTES 09 SECONDS WEST, ALONG THE NORTHERLY LINE OF SAID LOT 3, 1445.56 FEET; THENCE SOUTH 9 DEGREES 43 MINUTES 51 SECONDS EAST, 715.00 FEET; THENCE SOUTH 80 DEGREES 16 MINUTES 09 SECONDS WEST, 36.04 FEET; THENCE SOUTH 4 DEGREES 04 MINUTES 34 SECONDS WEST, 1115.37 FEET; THENCE SOUTH 23 DEGREES 11 MINUTES 00 SECONDS WEST, 103.22 FEET; THENCE SOUTH 10 DEGREES 02 MINUTES 21 SECONDS WEST, 91.79 FEET; THENCE SOUTH 80 DEGREES 14 MINUTES 48 SECONDS EAST, 453.31 FEET; THENCE NORTH 43 DEGREES 41 MINUTES 21 SECONDS EAST, 14.46 FEET; THENCE SOUTH 80 DEGREES 14 MINUTES 48 SECONDS EAST, 596.07 FEET TO AN EASTERLY CORNER OF SAID LOT 3; THENCE NORTH 49 DEGREES 50 MINUTES 06 SECONDS EAST, ALONG AN EASTERLY LINE OF SAID LOT 3, 711.52 FEET TO AN EASTERLY CORNER OF SAID LOT 3; THENCE NORTH 3 DEGREES 16 MINUTES 56 SECONDS WEST, 1964.59 FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. i ���� it ' ��♦ I� RE-ZONE 73.7 AC. / r' ♦ �. ANNEX and RE-ZONE ( ' o =! I II ®A®-- ° - 68.5 AC. All it I - _� - m._ - — • I I 1 • I i I 1 ■ ■ 1 1 RETAIL ■ I ' - 1 I MENARDS ' Y 1 _ 1 1 I I ll , �I I EXHIBIT B RETAIL ANNEXATION PARCEL RETAIL Owner: \_ Menard, Inc. _ ;COUyTRYsI E PARKWAY —�-� `-� 4777 Menard Drive NORTH Eau Claire, WI 54703 „_ . I - - _ _ y 0 200 400 Soo Scale: 1" =400' SEC Planning Consultants Revised Date: January 15, 2004 MASTER PLANNING SERVICES MENARDS RESIDENTIAL SHEET FILE:T:\020038-mena\cadfles\PUD submittal\December 2003\B-annexation.dwg AUSTIN,TEXAS Base mapping compiled from best available information. t 512.246.7003 j f512.246.7703 Yorkville, IIIInOIS All map data should be considered as preliminary, ec wwwsplanning.com iinfo®secplanning-com in need of verification,and subject to change. This land plan is conceptual in nature and does not represent any regulatory approval. Plan is subject to change. EXHIBIT B-1 ANNEXATION AND ZONING PARCEL (AREA IN YELLOW ON EXHIBIT B) THAT PART OF THE EAST HALF OF SECTION 21 AND PART OF THE WEST HALF OF SECTION 22, TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON PIPE STAKE SAID TO BE OVER THE ORIGINAL LOCATION OF A STONE IN THE CENTER OF THE ORIGINAL BRISTOL AND OSWEGO ROAD, PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST AND NORTH 35 DEGREES 30 MINUTES 00 SECONDS WEST 11.02 CHAINS FROM THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE CENTER LINE OF U.S. ROUTE 34, MEASURED FROM THE NORTHEAST TO NORTHWEST, 2054.60 FEET; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 87 DEGREES 07 MINUTES 00 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 825.40 FEET; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 269 DEGREES 46 MINUTES 00 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 508.20 FEET FOR THE POINT OF BEGINNING; THIS LINE HEREINAFTER REFERRED TO AS "LINE A"; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 91 DEGREES 07 MINUTES 35 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 2657.62 FEET; THENCE NORTH ALONG A LINE FORMING AN ANGLE OF 53 DEGREES 07 MINUTES 29 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED COUNTER-CLOCKWISE THEREFROM, 2004.69 FEET TO A POINT IN THE CENTER LINE OF KENNEDY ROAD; THENCE EASTERLY ALONG SAID CENTER LINE, WHICH FORMS AN ANGLE OF 96 DEGREES 22 MINUTES 42 SECONDS WITH THE LAST DESCRIBED COURSE,MEASURED COUNTERCLOCKWISE THEREFROM, 174.48 FEET; THENCE NORTHEASTERLY ALONG SAID CENTER LINE,BEING ALONG A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 518.48 FEET, 197.57 FEET; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT, 264.42 FEET; THENCE NORTHEASTERLY ALONG SAID CENTER LINE WHICH FORMS AN ANGLE OF 180 DEGREES 31 MINUTES 15 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED COUNTER-CLOCKWISE THEREFROM, 507.14 FEET; THENCE NORTHEASTERLY ALONG SAID CENTER LINE WHICH FORMS AN ANGLE OF 180 DEGREES 52 MINUTES 04 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED COUNTER-CLOCKWISE THEREFROM, 333.07 FEET TO SAID "LINE A" EXTENDED FROM THE SOUTHEAST; THENCE SOUTHEASTERLY ALONG SAID "LINE A" EXTENDED 1295.68 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. RE-ZONE PARCEL (AREA IN BLUE ON EXHIBIT B) THAT PART OF "MENARDS COMMERCIAL COMMONS" BEING A SUBDIVISION OF PART OF SECTIONS 21, 22 AND 28,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 80 DEGREES 19 MINUTES 09 SECONDS WEST, ALONG THE NORTHERLY LINE OF SAID LOT 3, 1445.56 FEET; THENCE SOUTH 9 DEGREES 43 MINUTES 51 SECONDS EAST, 715.00 FEET; THENCE SOUTH 80 DEGREES 16 MINUTES 09 SECONDS WEST, 36.04 FEET; THENCE SOUTH 4 DEGREES 04 MINUTES 34 SECONDS WEST, 1115.37 FEET; THENCE SOUTH 23 DEGREES 11 MINUTES 00 SECONDS WEST, 103.22 FEET; THENCE SOUTH 10 DEGREES 02 MINUTES 21 SECONDS WEST, 91.79 FEET; THENCE SOUTH 80 DEGREES 14 MINUTES 48 SECONDS EAST, 453.31 FEET; THENCE NORTH 43 DEGREES 41 MINUTES 21 SECONDS EAST, 14.46 FEET; THENCE SOUTH 80 DEGREES 14 MINUTES 48 SECONDS EAST, 596.07 FEET TO AN EASTERLY CORNER OF SAID LOT 3; THENCE NORTH 49 DEGREES 50 MINUTES 06 SECONDS EAST, ALONG AN EASTERLY LINE OF SAID LOT 3, 711.52 FEET TO AN EASTERLY CORNER OF SAID LOT 3; THENCE NORTH 3 DEGREES 16 MINUTES 56 SECONDS WEST, 1964.59 FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS. \ ti CONCEPTUAL DETENTION EXPANSION FOR RESIDENTIAL "34 95 LANDSCAPE EASEMENT PROVIDES BUFFER ✓ -< BETWEEN RESIDENTIAL LOTS AND 33 . - 37 KENNEDY ROAD 32 .i\, 38 37 \ •,� 39 � 29 118 / \ 40 \ 30 1 i ' 118 m 119 \ .\ 41 7 2 i PARCEL 2 28 i 715 \ 121 zs \ \ 14 F = X 135 122 12,000 S.F. Minimum Lot Size 24 ! 13,13 ,37 ` \\ 44 80' x 150' Avg. Lot Size '23 \ 4 KENNED. „2 ,33 ,23. `\ © Indicates variance lot 18 -�^\ 109 110 139, \\ 124 :LB / \ (See Exhibit H) 47 _ —. �+ _� - �:.�-- '7 - x`19 � .% \ 15a , 153 j sz I / � 79.2 gross ac w-� s1 \ sz 140 ,zs ———' 45 EXPANDED O' i 1 99 I 155 I �` 49 / 13 is1 141 I 128 `st _ SO 90 j ► - �" DETENTION u 1 92 107_ 1 130 EXISTING .2 j 87 s7 II. 149 j 1za i s3 DETENTION I\ ``. I 86 ' 94 jl 105, 129 64 148 m4 4a v i 95 1. ,59 1 ias \ i� ss 96 { 103, ,�\ 147 Y 56 j9 sa „ so \ us i 161 j 83 97 102 8 1 \ f r 9 ss RETAIL jl 8z a o, e2 \ i i 80 `I 7 163 y 81 LAND USE SUMMARY 6 i - 184 ' f 16 I 109 \'\ 64 63 Residential Study Area l � so \ i EXPANDED PARCEL 1 \ 65 ! 79 to \y� GROSS NET GROSS DETENTION TOWNHOMES i 66 PARCEL LAND USE AC. AC. DENSITY UNITS 61.5 gross ac Q ,3� ! 76 - 71 � l 0 I 72 87 ' PARCEL 1 Townhomes 61.5 33.8 4.25 261 I I 2 „- 6a 66' ROW WITH 30' I C 7s i PARCEL 2 Single Family 79.2 65.5 - 164 . es PAVEMENT B.O.0 PARCEL 3 Fire Station 1.5 1:5 - 0 75 74 i�`\ TO B.O.C. SHOWN ! � 1412 100.8 ON PLAN. LAND -- FOR R.O.W. ——----- EXANSION TO 70' TO BE REMOVED OPEN SPACE REQUIREMENTS �4 MENARDS iii i A j FROM PARK SITE. -10 acres of open space required per 1000 residents ACCESS TO LAND USE UNITS RESIDENTS/DU #of Residents HAMMAN LAKE Single Family 164 3.749 615 -4 bedrooms/DU Town omes 261 2.196 573 A V11 2 rooms DU \ 425 1188 W ~ I XISTING��' 11.8 acres of land/cash required -7.1 acres of land provided per conceptual plan ET O I. DETN .ON <aa cc LARGE PARK LOCATED\ RETAIL _ i CENTRALLY AND ADJACENT EXHIBIT C TO FUTURE HAMMAN LAKE\ PARK AREA CONCEPT FLAN I RETAIL Owner: i Menard, Inc. COUNTRYSIDE PARKWAY 4777 Menard Drive _ _ NORTH Eau Claire, WI 54703 __ 0 200 400 600 Scale: V =400' SEC Planning Consultants Revised Date: January 15, 2004 MASTER PLANNING SERVICES MENARDS RESIDENTIAL SHEET FILE:T:\020038-mena\cadfiles\PUD submittal\December 2003\C-prelim-concept plan.dwg Base mapping compiled from best available information. AUSTIN,TEXAS All ma data should be considered as preliminary, t 512.246.7003 1 1512.246.7703 P P ry. www.secplanning.com I info®secplanning.com Yorkville, IIIIr101S in need of verification,and subject to change. This land plan is conceptual in nature and does not represent any regulatory approval. Plan is subject to change. II Ii ll II II II II � — TYPICAL 45' LANDSCAPE EASEMENT WITH MINIMUM: ' 35 3 SHADE TREES q 96 4 EVERGREEN TREES 33- - - 37 20 SHRUBS 32 38 EVERY 100' PER LANDSCAPE ORDINANCE 31 a P- 3 39 v �"� 0 118 � p.2 r 40 � 9! 28 11s 7,7 11s 41 BERMS TO BE 5'-6' 27 1zo n TALL 42 , '" � " .• » 136 26 - R 115 121 \ 25 1,4 135 k 43 a 722 n —i 24 - r 23 " 113- 137 134 44 \ 4I A1 V ' w 22 I I _ pr+RY - � 18 19 20 21 111 138 733. 12 47 3 pp N -1 ROPER.�Y gOUN :^ / n 16 17 109 110 139 124 45 46 \ n UTURE FIRE 154 153 132 STATION ` - - 140 1 90 108 ,55 - 131 �,. s1 R x _� -{•—��-._"�- ,: 13 151 51� E 'a 141 126 50 88 e2 ,07 PLANT LEGEND I93 106 157 150_ 142 127 52 ♦� x SHADE TREES 391 Red Maple r 12 87 149 143 '� 128 53 gq 105 _ - 129 � Sycamore 54 � - Bradford Pear Silver Linden } / ,• 95 n 104 159 55 Green Mt.Sugar Maple (\ 10 85 145 Willow 96 103 147 56 Summit Ash g 84 160 57 Honey Locust \ R 97 702 R tas 58 EVERGREEN TREES 81 8 " 83 ^ „ 161 Austrian Pine 101 Black Hills Spruce x2 98 162 60 59 Norway Spruce _ I 7 White Pine 81 99 163 62 61 Colorado Spruce II' 6 164 63 � ORNAMENTAL TREES 117 tno / 80 Autumn Purple Ash 5 ,,- 64 Heritage River Birch Apple Service Berry 79 65 70 Crabapple I - - - Hawthorn 71-71 66 Re bud 78' - SHRUBS 745 h, 68 Dogwood R3- 2 73 Lilac -'- - _ 69 __ Viburnum 75 _ TOWNHO ES J 74 SHADE TREE 1 PER LOT AND Sumac ... ' 7s 2 PER CORNER LOT PER Holly _ I y ( LANDSCAPE ORDINANCE SAND SEASONAL COLOR i D PRAIRIE GRASS II 1 I, i GRASS I TYPICAL 35' LANDSCAPE EASEMENT WITH MINIMUM: ' 3/SHADE -TREES _ �4 EVERGREEN TREES EXHIBIT C-1 -- _ ,, i - 20 SHRUBS CONCEPT - _ EVERY 100' ER LANDSCAPE ORDINANCE --------1 r - ------------------ LANDSCAPE PLAN \ FOR THE R-2 PORTION OF THE DEVELOPMENT Owner: enard, Inc. r Eau Claire, WII 54703 l II \\1 - NORTH 0 100 300 500 SEC Planning onsultants � -, g Revised Date: January 15, 2004 MASTER PLANNING SERVICES M E N A R D S RESIDENTIAL SHEET FILE:T:\020036-menMcadfiles\PUD submittal\December 2003\revisedCt-landscape plan.dwg AUSTIN,Texas Base mapping compiled from best available information.All map data t5l2.246.7003 f512.246.7703 should be considered as preliminary,in need of verification,and www—planning—I info&-planning.mm Yorkville, Illinois subject to change. This land plan is conceptual in nature and does not represent any regulatory approval. Plan is subject to change. EXHIBIT D R-2 ONE FAMILY RESIDENTIAL DISTRICT LEGAL DESCRIPTION THAT PART OF THE EAST HALF OF SECTION 21 AND PART OF THE WEST HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON PIPE STAKE SAID TO BE OVER THE ORIGINAL LOCATION OF A STONE IN THE CENTER OF THE ORIGINAL BRISTOL AND OSWEGO ROAD, PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST AND NORTH 35 DEGREES 30 MINUTES 00 SECONDS WEST 11.02 CHAINS FROM THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE CENTER LINE OF US ROUTE 34, MEASURED FROM THE NORTHEAST TO NORTHWEST, 2054.60 FEET; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 87 DEGREES 07 MINUTES 00 SECONDS WITH THE LAST DESCRIBED COURSE,MEASURED CLOCKWISE THEREFROM, 825.40 FEET; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 269 DEGREES 46 MINUTES 00 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 508.20 FEET FOR THE POINT OF BEGINNING; THIS LINE HEREINAFTER REFERRED TO AS "LINE A"; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 91 DEGREES 07 MINUTES 35 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 2657.62 FEET; THENCE NORTH ALONG A LINE FORMING AN ANGLE OF 53 DEGREES 07 MINUTES 29 SECONDS WITH THE LAST DESCRIBED COURSE,MEASURED COUNTER-CLOCKWISE THEREFROM, 2004.69 FEET TO A POINT IN THE CENTER LINE OF KENNEDY ROAD; THENCE EASTERLY ALONG SAID CENTER LINE, WHICH FORMS AN ANGLE OF 96 DEGREES 22 MINUTES 42 SECONDS WITH THE LAST DESCRIBED COURSE,MEASURED COUNTERCLOCKWISE THEREFROM, 174.48 FEET; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, BEING ALONG A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 518.48 FEET, 197.57 FEET; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT, 264.42 FEET; THENCE NORTHEASTERLY ALONG SAID CENTER LINE WHICH FORMS AN ANGLE OF 180 DEGREES 31 MINUTES 15 SECONDS WITH THE LAST DESCRIBED COURSE,MEASURED COUNTER-CLOCKWISE THEREFROM, 507.14 FEET; THENCE NORTHEASTERLY ALONG SAID CENTER LINE WHICH FORMS AN ANGLE OF 180 DEGREES 52 MINUTES 04 SECONDS WITH THE LAST DESCRIBED COURSE,MEASURED COUNTER-CLOCKWISE THEREFROM, 333.07 FEET TO SAID "LINE A" EXTENDED FROM THE SOUTHEAST; THENCE SOUTHEASTERLY ALONG SAID "LINE A" EXTENDED 1295.68 FEET TO THE POINT OF BEGINNING, AND ALSO THAT PART OF "MENARDS COMMERCIAL COMMONS" BEING A SUBDIVISION OF PART OF SECTIONS 21, 22 AND 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE a THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 3 OF SAID "MENARDS COMMERCIAL COMMONS"; THENCE SOUTH 80 DEGREES 16 MINUTES 09 SECONDS WEST, ALONG THE NORTHERLY LINE OF SAID LOT 3, 274.35 FEET; THENCE SOUTHWESTERLY ALONG A TANGENTIAL CURVE TO THE LEFT, WITH A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 39.57 FEET; THENCE SOUTH 9 DEGREES 02 MINUTES 17 SECONDS EAST, 119.88 FEET; THENCE SOUTHEASTERLY ALONG A TANGENTIAL CURVE TO THE LEFT, WITH A RADIUS OF 440.00 FEET, AN ARC LENGTH OF 149.11 FEET; THENCE SOUTH 28 DEGREES 27 MINUTES 17 SECONDS EAST, 270.24 FEET; THENCE SOUTHERLY ALONG A TANGENTIAL CURVE TO THE RIGHT, WITH A RADIUS OF 640.00 FEET, AN ARC LENGTH OF 489.51 FEET; THENCE SOUTH 15 DEGREES 22 MINUTES 07 SECONDS WEST, 398.75 FEET; THENCE SOUTHERLY ALONG A TANGENTIAL CURVE TO THE LEFT, WITH A RADIUS OF 1160.00 FEET, AN ARC LENGTH OF 377.61 FEET; THENCE SOUTH 3 DEGREES 16 MINUTES 56 SECONDS EAST, 376.70 FEET TO A SOUTHEASTERLY LINE OF SAID LOT 3; THENCE NORTH 49 DEGREES 50 MINUTES 06 SECONDS EAST, ALONG SAID SOUTHEASTERLY LINE, 331.31 FEET TO AN EASTERLY CORNER OF SAID LOT 3; THENCE NORTH 3 DEGREES 16 MINUTES 56 SECONDS EAST ALONG AN EASTERLY LINE OF SAID LOT 3, 1964.59 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. EXHIBIT "E" FEE SCHEDULE PER UNIT OR ACRE FEE AMOUNT WHEN PAYABLE UNITED CITY OF YORKVILLE Building Permit unit $650 plus$.20 per s.f. Building Permit Water Connection unit $800 Building Permit Water Meter-attached unit $325 Building Permit Water Meter-detached unit $250 Building Permit City Sewer Connection unit $2,000 Building Permit Water and Sewer Inspection unit $25 Building Permit Public Walks/Driveways unit $35 Building Permit DEVELOPMENT FEES Previously Annexed Public Works unit $450 Building Permit Police unit $150 Building Permit Building unit $150 Building Permit Library unit $150 Building Permit Annexed as of Agreement Public Works unit $700 Building Permit Police unit $300 Building Permit Building unit $150 Building Permit Library unit $500 Building Permit Engineering Capital unit $100 Building Permit Park & Recreation unit $50 Building Permit Weather Warning Siren acre $75 Final Plat YORKVILLE PARK DEPT. 10 acre per 1000 7.1 acres + Within 18 months residents, $58,000 per $277,240 of Final Plat acre in cash cash at R-3 plat YORKVILLE SCHOOL Land Cash 13.662 acres req. $728,202 cash equiv Final Plat School Transition Unit $3,000 Building Permit BRISTOL KENDALL Unit 1.5 acre and $150 Building Permit FIRE DEPT. per unit ENGINEERING REVIEW Total Improvements 1.25% Final Plat & DEVELOPMENT DEPOSIT Total Plan $500 & $20,000 Final Plat ADMIN/INSPECTION FEE Entire Project 1.75% Final Plat This list does not relieve the OWNER/DEVELOPER of any consultant and/or attorney's fees as detailed in the Agreement. EXHIBIT F R-3 GENERAL RESIDENCE DISTRICT LEGAL DESCRIPTION THAT PART OF LOT 3 OF MENARDS COMMERCIAL COMMONS, BEING A SUBDIVISION OF PART OF SECTIONS 21, 22 AND 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 80 DEGREES 19 MINUTES 09 SECONDS WEST, ALONG THE NORTHERLY LINE OF SAID LOT 3, 1424.86 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 9 DEGREES 43 MINUTES 51 SECONDS EAST, 715.00 FEET; THENCE SOUTH 80 DEGREES 16 MINUTES 09 SECONDS WEST, 36.04 FEET; THENCE SOUTH 4 DEGREES 04 MINUTES 34 SECONDS WEST, 1115.37 FEET; THENCE SOUTH 23 DEGREES 11 MINUTES 00 SECONDS WEST, 103.22 FEET; THENCE SOUTH 10 DEGREES 02 MINUTES 21 SECONDS WEST, 91.79 FEET; THENCE SOUTH 80 DEGREES 14 MINUTES 48 SECONDS EAST 453.31 FEET; THENCE NORTH 43 DEGREES 41 MINUTES 21 SECONDS EAST, 14.46 FEET; THENCE SOUTH 80 DEGREES 14 MINUTES 48 SECONDS EAST, 596.07 FEET TO AN EASTERLY CORNER OF SAID LOT 3; THENCE NORTH 49 DEGREES 50 MINUTES 06 SECONDS EAST, ALONG AN EASTERLY LINE OF SAID LOT 3, 280.19 FEET; THENCE NORTH 3 DEGREES 16 MINUTES 56 SECONDS WEST, 436.73 FEET; THENCE NORTHEASTERLY ALONG A TANGENTIAL CURVE TO THE RIGHT WITH A RADIUS OF 1240.00 FEET, AN ARC LENGTH OF 403.65 FEET; THENCE NORTH 15 DEGREES 22 MINUTES 07 SECONDS EAST, 398.75 FEET; THENCE NORTHERLY ALONG A TANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 560.00 FEET, AN ARC LENGTH OF 428.32 FEET; THENCE NORTH 28 DEGREES 27 MINUTES 17 SECONDS WEST, 270.24 FEET; THENCE NORTHWESTERLY ALONG A TANGENTIAL CURVE TO THE RIGHT WITH A RADIUS OF 520.00 FEET, AN ARC LENGTH OF 176.22 FEET; THENCE NORTH 9 DEGREES 02 MINUTES 17 SECONDS WEST, 117.09 FEET; THENCE NORTHWESTERLY ALONG A TANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 41.44 FEET; THENCE SOUTH 80 DEGREES 16 MINUTES 09 SECONDS WEST, 1066.00 FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. Y:\Jobs\Smith\2003\030316 Menard Residential Subdivision\engineering\specs\Legal Description.doc II COMMUNITY ENTRY ENTRY COLUMN AND LANDSCAPE SIGNAGE AND LANDSCAPING a BED LOCATED WITHIN LANDSCAPE EASEMENT v; ,1 PARCEL 2 I, MARKETING SIGNAGE RO AD 12,000 S.F. Minimum Lot Size EN - I; K NED = 80' x 150' Avg. Lot Size � 79.2 gross ac R eE R TU E P � �� STATION , - - 15 c _I EXPANDED DETENTION �) XISTING J/ D�TENTION I' RETAIL II r l --I � EXPANDED� ` i - PARCE DETENTION TOWNHOM N ES �Q - �� 61.5 gross ac �Q NEIGHBORHOOD ENTRY � SIGNAGE WITH LANDSCAPING ® NEIGHBORHOOD ENTRY COLUMN WITH LANDSCAPE BED MENARDS �i I PARK c� 1, 7.1 ac ACCESS TO MARKETING SIGNAGE � I� �� �•" , I �� I 4D -HAMMAN LAKE ----- - _ __ -----------------_ LU �I' �� �'XISTING��'v DETEN cc ENTRY COLUMN AND I - EXHIBIT G �I �F;E =r LANDSCAPE BED SIGNAGE LOCATION MAP j RETAIL Owner. Menard, Inc. �COUNTRY�SIDE PARKWAY Q©� MARKETING SIGNAGE 4777 Menard Drive �D 1 NORTH Eau Claire WI 54703 s 1 ' _ ®.�,.e. -—`�_----_-- °°�--_ `I �� _ �0 400 600 Scale: 1"=400' SEC Planning Consultants Revised Date: January 15, 2004 MASTER PLANNING SERVICES MENARDS RESIDENTIAL SHEET FILE:TA020038-mena\cadfles\PUD submittal\December 2003\G-signage.dwg Base AUSTIN,TEXAS - mapping compiled from best available information.All map data t S12.146.7003 I fS12.246.7703 Yorkville, IIIInOIS should be considered as preliminary,in need of verification,and www.secplanning.com;info @—planning.<om subject to change. This land plan is conceptual in nature and does not represent any regulatory approval. Plan is subject to change. EXHIBIT H - PERMITTED VARIATIONS 1. LOT WIDTHS (less than standard of 80' minimum width in R2 district) Lot#77- Width of 70.8 ft. Lot size of 12,762 sf. Lot#78- Width of 75.0 ft. Lot size of 13,628 sf Lot#143 - Width of 74.0 ft. Lot size of 12,726 sf Lot#144 - Width of 74.0 ft. Lot size of 13,510 sf 2. DEPTH OF DETENTION "Storm water storage depth of 6 feet between normal water elevation and high water elevation" in the storm water management facility. 3. PRIVATE STREETS IN TOWNHOMES f0' 28' 10' UTILITY EASEMENT ACCESS EASEMENT UT!OTY EASEMENT 26' BACK TO BACKOF CURB 2.0% 2.0% $' B' 3' STORM SEWS �WATERh1A!N TYPICAL SECTION (PRIVATE STREET) SAW rA RY SEWER SMITH ENGINEERING CONSULTANTS, INC cnu�ae>loczo�r.>>anrrrrsa um eosrsraos ,eo xa sear i PB pY EW,a0°'��-IM .Mdmw MNaNu f IOFX LN umm py� ItOT.F'r" EXISANG COMMERCIAL SUBDIWSION Wm a=6-14 I m I a a a � I 1 0 . I 1 t 1 14 1 EGRESS AREA 1 rr 1 1 _ RESS EA } _ • 1 _ 1 4 GRE,!p AREA GRESS AREA F TOP OF~ P TALL LANTWGS 9 � EHSN B077GN/ IS �� 71MCAL EC77ON AT EGRESS AREA NOT 7D SCALE N07M 1.BASIN BOTTOM LANDSCAPING MALL IXWSST OF TALL PRAIRIE GRASSES AND OTHER TALL PLANTWGS 70 DISCOURAGE PEDESTRIAN USE \ 2 THE DETAILED GRADWG W THE BASIN BOTTOM IS WOW FOR/N a WA77ONAL PURPOSES ONLY AND HAS NOT BEEN APPROVED BY THE O17Y OF YORMLEE a 7w PURPOSE OF ims t4 OVERALL OF S70M TE STORAGE TO BE 6 a $ FEET FUTURE MULTI—FAMILY A� v City of Yorkville, Illinois ! Prarie Meadows Subdivision EXHIBIT "H-1" Kennedy Basin Exhibit IEM.an W. Sm DAM PRoMOT 110. 1. DLN 9-26_03 030316 z D!1 en m IIOIR SCALE I BEET N0. d DNS 1'-60. CIK or M: VENT SCALE. 1 s K,B Jul 03 2003 2: 37PM City of Yorkville 630-553-7575' p. 2 i EXHIBIT "I" YOPJrML& COWUMTY UATT SCHOOL DISTRICT #11 S "PosioveAuitudes Create Sueam" Adminfstrative.Service Center 60.2 Center Parkway,Suites A&B .Dr.Thomas D.Engler P.O.Box 579 Ph.630-5634382 Superintendent Yorkville,Illinois 64560 Fax.634-553-4398 tengler•QyorkviRe.kl2.il.as I July 2,2063 Arthur F.Prochaska,Jr. "or, United City pf Yorkville ' §00'Paine Farm road Yorkville,Illinois 60564 00 Re: MenaidIs Land Cash Dear Art: I As per our telephone conv(xsation•yest=&Y, in refererm to my previous letter concerning District#I 15's prefierence for land vs. on the Menard`s developtnent,we are willing to make a Conditional statement I t is important to understn d our position,due to the obvious current and future need for property to handle the influx of new students to our schools and the absence of established school sines, either noted on the City's Comprehensive Plw,or in reality,Distriict#115 must position itself to fill the void created by lack of such school sites. Therefim r,should land become available for District#1 15 school sites,north of the river,' such as those development;currently under consderationby the City-Ocean Atlantic,Kimball,and MPL our school system would en consider the Menard's development for cash instead of land. Y' Dr• Thomas D.Engler Superintendent of Schools ir-01, on a {1�e 'orkv7lYe Loxii�iiiiuty'fTiia 3'choolD4�'(ilit.#IZS" ;i •' ^i . �,... i'o lire etieX ptu��ii[-tn`bc'�jfr'oi�fitll1ve 6r'di�eit i�i'd4�'wnr�dYlexibr/r7���;'r ' s ;� .. r :ii .. 'If: r' EaL�.rt.LldlY` A6I1 . l oviirur�eis�bd±r�alratt�lti►lcltullgl�x"S; • , 'ti . . ii . .. -��`;�resaurc TOtY,ir•, ;.. it \ �✓ ` II 45' LANDSCAPE EASEMENT x\35 � 38 33 37 i\ 1\ 32 38 39 2e 30 111` \ / 40 \ 117 . 28 116 118 41 27 1 o / 36 PARCEL 2 ;f- 26 118 121 p O �� 24 25 114 - 135 122 A3 - 12,000 S.F. Minimum Lot Size ROAD 23- 23 12 113 737 ,94 44 y \ 80' x 150' Avg. Lot Size it - I 20 21 22 ,,, 738 ,23 - 47 79.2 gross ac _ 19 133 18 , 110 - \ L t3 6 17 i 109 153 139 132 124 45 46 \ UTURE FIRE ' .54 152 140 125_— 48 STATION 90 91 ma 131 \ XPANDED 89 155 4_e. ac '13 151 107 126 51 50 QETENTION 14 u, 52 100 150 A � 142 127 ISTIN611 IL. �.. 42 87 157,. ,a9 149) 129 53 111 DTENTION / „ 8B 94 195 158 129 54 104 as has 95 85 159 55 145 � 147 68 g 84 y' ,60 67 , 97 –102 148 58 t 1 I 8 83 181 RETAIL 92 98 101 62 gg 58 COMMON FACILITIES SUMMARY H9 183 I I 16 61 194 32 DETENTION 25.4 ac. 00 83 I I ;6 30 64 DEDICATED PARK 7.1 ac. I EXPANDED PARCEL 1 7e 66 i� DETENTION .___— TOWNHOMES O 71 70 66 LANDSCAPE EASEMENT 2.8 ac. 61.5 gross ac Q 3 (S-- 72 87 — fig TOTAL COMMON FACILITIES 35.3 ac. 73 76 74 I c � n i �I0•.- I t III OPEN SPACE REQUIREMENTS MENARDS SPARK � -10 acres of open space required per 1000 residents 7.1 ae ' LAND USE UNITS R ESIDENTS/DU #of Residents Single Family 164 3.749 615 -4 bedrooms/DU Townhomes 261 2.196 573 i - 35' LANDSCAPE EASEMENT -z bedrooms/Du — --- -- I W I --------------------- 425 1188 - 11.8 acres of land/cash required XISTING O I, DETENT.ON `� _ �_��}l - 7.1 acres of land provided per conceptual plan cr i EXHIBITJ j -�{,ETAIL - -! I '� I I COMMON FACILITIES 1 Owner: RETAIL / � \ _ - I I Menard, Inc. -` COUNTRYISIDE 4777 Menard Drive — PARKWAY — \ _ NORTH .1 Eau Claire WI 54703 = - _�� 11� � o zoo aoo soo Scale: V=400' SEC Planning Consultants Revised Date: January 15, 2004 MASTER PLANNING SERVICES MENARDS RESIDENTIAL SHEET FILE:T:\020038-mena\cadfiles\PUD submittal\December 2003\J-common facilities.dwg AUSTIN,TEXAS Base mapping compiled from best available information. t512.246.7003 I f512.246.7703 ,Yorkville IIIIr101S All map data should be considered as preliminary, " —.—planning.com;info @—planning.com in need of verification,and subject to change. This land plan is conceptual in nature and does not represent any regulatory approval. Plan is subject to change. SMITH ENGINEERING CONSULTANTS, INC. RQK F x9mY Raw 80i1il088 oom L 7c AIO S R I K � .- j I T.lte®ar •AOKBiS 7gK1➢Ii ER 3LI� MOM NU64G M M(SUOM S� j II' R7 PYOl3m0110i. !m1 0 M-000108 cow II -NDra y PLOT XE-SrAWAR7 rr frL MM"Y RWp Pa I ccw sumo I �y Gy Ia 7 0 1 s a s F I POMWEDY JPi0u1D \ Q s moo j.g © wsra rAiElon wAnw,Luc rra �y © AWOQo 45W 0EOM E FAWW W ER'M($Q M) \v t IMMMRAR IAN -��B 1Q VaSW4G MGC I Qr PAYED"T J t I I ma-o w P-aw Ii DMCAmw ei a f/ i CF CURB ol t + 1 f J � 1 � [ 4 I \ I I % I 3 � I EXHIBIT «K» Y � f1 1 I I KENNEDY ROAD MIST t f AIENAROS RESyDEArnAC S1I/BaNSAN { YORKNLL& IUJNas t Q cs UN or I Im.I DAM MOM Na IGB 1 10,44,W SVJ 5-23-03 AIEIVA-0J0316 2 tlR B . 3SHM Ip! ! M = %W WALE` Ke