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Plan Commission Packet 2011 11-09-11 United City of Yorkville '`'` 800 Game Farm Road EST. , _ 1836 Yorkville, Illinois 60560 -4 Telephone: 630-553-4350 0� a 2p� Fax: 630-553-7575 PLAN COMMISSION AGENDA Wednesday, November 9, 2011 Yorkville Public Library 902 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: Previous meeting minutes: October 12, 2011 Citizen's Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings 1. PC 2011-06 Verne Henne and Steven and Dawn Friel, petitioners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning of three (3) parcels on Worsley Street (Lots 4, 5 and 6) from R-1 One Family Residence District to R-2 One Family Residence District. The real property consists of a total of approximately 0.73 acres and is located south of E. Main Street and east of Worsley Road in Yorkville, Illinois. 2. PC 2011-08 Pulte Home Corp., petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Final Plat of Subdivision for Unit 1 of the Autumn Creek Subdivision and an amendment to that portion of the Autumn Creek Planned Unit Development Agreement related to the Final Plat of Subdivision for Unit 1 dated April 12, 2005 and amended July 13, 2010 for the purpose of re- platting certain lots planned for townhome units for proposed single-family detached units. The portion of the real property affected by the requested amendment consists of approximately 13.07 acres and is generally located in the Autumn Creek Subdivision immediately north of Route 34 and south of Kennedy Road in Yorkville, Illinois. Old Business New Business 1. PC 2011-06 Verne Henne and Steven and Dawn Friel, petitioners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning of three (3) parcels on Worsley Street (Lots 4, 5 and 6) from R-1 One Family Residence District to R-2 One Family Residence District. The real property consists of a total of approximately 0.73 acres and is located south of E. Main Street and east of Worsley Road in Yorkville, Illinois. -Action Item i. Rezoning 2. PC 2011-07 Verne Henne and Steven and Dawn Friel, petitioners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting preliminary plan and final plat approval of the resubdivision of three (3)parcels on Worsley Street(Lots 4, 5 and 6) into two (2)parcels. The real property consists of a total of approximately 0.73 acres and is located south of E. Main Street and east of Worsley Road in Yorkville, Illinois. -Action Items i. Preliminary Plan ii. Final Plat 3. PC 2011-08 Pulte Home Corp., petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Final Plat of Subdivision for Unit 1 of the Autumn Creek Subdivision and an amendment to that portion of the Autumn Creek Planned Unit Development Agreement related to the Final Plat of Subdivision for Unit 1 dated April 12, 2005 and amended July 13, 2010 for the purpose of re- platting certain lots planned for townhome units for proposed single-family detached units. The portion of the real property affected by the requested amendment consists of approximately 13.07 acres and is generally located in the Autumn Creek Subdivision immediately north of Route 34 and south of Kennedy Road in Yorkville, Illinois. -Action Items iii. Preliminary Plan iv. Final Plat Adjournment DRAFT UNITED CITY OF YORKVILLE PLAN COMMISSION Library Historic Room Wednesday, October 12, 2011 7:00pm Commission Members in Attendance: Chairman Tom Lindblom Jane Winninger Jack Jones (arr. 7:03pm) Jeff Baker Art Prochaska James Weaver Mike Crouch Charles Kraupner Absent: Sandra Adams Other City Staff Krysti Barksdale-Noble, Community Development Director Other Guests Robert Claesson Peter Gabor Christine Vitosh, Depo Court reporter Chairman Tom Lindblom called the meeting to order at 7:00pm. Roll call was taken and a quorum was established. He introduced and welcomed new Commissioner James Weaver. Mr. Weaver briefly told about his background. Previous Meeting Minutes - July 13, 2011 The minutes were approved as read on a motion by Prochaska and second by Baker. Unanimous voice vote approval. Citizen's Comments None Chairman Lindblom commented on the order of the meeting agenda: 1. The first Public Hearing will be opened and continued to next month and the petitioner is aware of this. 2. The Public Hearing will be held on the second item concerning property at 312 Walter Street. 3. Then the discussion will turn back to item#1 New Business for preliminary plan and final plat. This portion does not need a Public Hearing. 4. Then the 312 Walter St. property will be discussed. 1 Public Hearings 1. PC 2011-06 Verne Henne and Steven and Dawn Friel, petitioners, have filed an application with the City requesting rezoning of three parcels on Worsley Street (Lots 4, 5 and 6) from R-1 One Family Residence District to R-2 One Family Residence District. The real property consists of a total of approximately 0.73 acres and is located south of E. Main Street and east of Worsley Road in Yorkville, Illinois A motion was made by Kraupner and seconded by Prochaska to open the Public Hearing. Voice vote approval. A motion was then also made to continue this Hearing to November. This was on a motion by Crouch and second by Jones. Voice vote approval. 2. PC 2011-10 Robert Claesson,petitioner, has filed an application with the City requesting to rezone a parcel located at 312 Walter Street from R-2 One Family Residence District to R-21)Duplex Two Family District. The real property consists of approximately 0.21 acres and is located immediately south of Walter Street and east of Mill Street in Yorkville. Chairman Lindblom swore in the 2 guests who would offer testimony in this Hearing. Mr. Robert Claesson, owner of the property at 312 Walter St. said he wishes to convert his home to a multi-family dwelling by building an addition to make a 3-bedroom apartment on either side of the dwelling. He said fire had gutted the structure and it needed repairs. The property owner at 316 Walter St, Mr. Peter Gabor, voiced opposition to the plan. He said he has lived in this area since 1997 and the block-long Walter Street has 5 duplexes. Nearby Illinois Dr. & Olson have none. He said Walter Dr. is run down due to so many residents. He felt that Yorkville wants to plan its urban development and this is not the proper way. He said renters do not pay taxes and property owners must pay for the school children. Many of the Walter St. duplexes have only gravel driveways and there is not adequate parking. He feels this diminishes the property values and he is totally against the plan. Mr. Gabor said the Plan Commission should have rules for appearance. According to Mr. Gabor he thought none of the homes in this area were meant to be duplexes. He believes it is difficult to control the actions of renters and how they might affect the property value. Mr. Claesson said he will have a 2-car garage plus off-street parking for additional cars. There will also be a fenced back yard and all this will increase the value of his property. He added that Mr. Gabor's house is in the back and does not think his property will affect Mr. Gabor's. In 2000 when he purchased the property, it was already divided for duplexes and it now has many upgrades. Mr. Claesson said he is very strict about his renters and he plans to live in his home. He added that there are single-family homes in the area that are in foreclosure and they have become run down with long grass. 2 As there was no further testimony, Jones moved to close the Public Hearing and Crouch seconded the motion. Unanimous voice vote approval. New Business 1. PC 2011-07 Verne Henne and Steven and Dawn Friel, petitioners have filed an application with the United City of Yorkville requesting preliminary plan and final plat approval of the re-subdivision of three (3) parcels on Worsley Street (Lots 4, 5, and 6) into two (2) parcels. The real property consists of a total of approximately 0.73 acres and is located south of E. Main St and east of Worsley Rd. in Yorkville. Chairman Lindblom said the Commission is looking for recommendation of preliminary plan and final plat. Krysti Barksdale-Noble said this item would be tabled. A motion was then made and seconded by Commissioners Prochaska and Weaver, respectively, to table this item until the next meeting. Discussion: A point of order was raised and it was questioned why there were 2 numbers on the same issue. Ms. Barksdale-Noble replied that#6 is a Public Hearing to rezone and #7 is for preliminary plat. She said they are 2 separate items with 2 separate ordinances that apply. It is the opinion of the City Attorney that this is the best way to track and record this administratively. The motion was tabled until the November meeting on a unanimous voice vote. Turning back to Public Hearing PC2011-10, Chairman Lindblom said the Board would now discuss the Claesson rezoning issue. Ms. Barksdale-Noble said the trend of the area on Walter St. is duplexes and there is no history as to how this occurred. The Chairman added that many of the structures on this street were originally built as duplexes and not as single-family units. The R-21) designation originated in the 1990's. Ms. Barksdale-Noble said the only issue with rezoning is that the property would become non-conforming with the R-21) designation. If the Commission approves the request, she said the case would be moved to the Zoning Board of Appeals in November. The rezoning is consistent with the Comprehensive Plan. City staff is recommending that if the Commission approves, that the area continue as a residential use. She noted the lot size is .21 acres. Action Item: Motion: Baker moved and Jones seconded to recommend approval of the rezoning of this parcel to R-21) Duplex. Discussion: Mr. Claesson said 50 other properties within 500 feet were notified of this request. Ms. Winninger commented that Mr. Gabor's issues were a generalization about renters in duplexes diminishing the property value and that it could happen with renters living in single-family homes. Crouch commented that he thought Ms. Gabor took issue with having a duplex in a single-family neighborhood. He said that is the question that should be considered and that the Commission's purpose is to determine what is best for 3 the neighborhood. There was a brief discussion of duplexes on other streets and the general condition. Mr. Prochaska said Mr. Claesson is not changing the character of the neighborhood by his intended actions. He asked if the other lots in the neighborhood meet the requirements for R-21). They only meet them for R-2. Ms. Barksdale-Noble said none of the homes on Walter St. meet the 12,000 square feet requirement. Baker noted that the homes were built prior to the zoning code. Kraupner said he had issue with the size of the lots and asked if there is enough space for 6 cars. Claesson detailed how he would accommodate 3 cars per side of the duplex. Roll call vote: Winninger-yes, Jones-yes, Baker-no, Prochaska-yes, Weaver-abstain, Crouch-no, Kraupner-yes, Lindblom-yes. Motions passed 5-2 with one abstention. This matter now moves to the Zoning Board of Appeals in November 2. Plan Commission Meeting Schedule for 2012 The Commission will continue to meet on the second Wednesday of the month, however, the meetings will be held in the City Hall. Adiournment There was no further business and the meeting was adjourned on a motion by Baker and second by Crouch. Meeting adjourned at 7:45pm. Respectfully submitted by Marlys Young, Minute Taker 4 UNITED CITY OF YORKVILLE YORKVILLE, ILLINOIS PLAN COMMISSION MEETING PUBLIC HEARING 902 Game Farm Road Yorkville , Illinois Wednesday, October 12 , 2011 7 : 00 p . m. D-951911 I DF.PO • COURT reporting service 1300 Iroquois Avenue,Suite 205 Naperville, IL 60563 630-983-0030 • Fax: 630-778-4824 e-mail: depocourt@depocourt.com • www.depocourt.com 2 1 PRESENT : 2 Mr . Tom Lindblom, Chairman, 3 Mr . Jeff Baker, 4 Mr . Michael Crouch, 5 Mr . Jack Jones , 6 Mr . Charles Kraupner, 7 Mr . Art Prochaska, 8 Mr . James Weaver, 9 Ms . Jane Winninger . 10 11 ALSO PRESENT : 12 Ms . Krysti Noble, Community Development 13 Director; 14 Ms . Marlys Young, Minute Taker . 15 - - - - - 16 17 18 19 20 21 22 23 24 Depo•Court Reporting Service (630) 983-0030 3 1 CHAIRMAN LINDBLOM : The first item then 2 is to go to public hearing, so is there a motion 3 to that effect, please? 4 MR . KRAUPNER: So moved . 07:03PM 5 MR. PROCHASKA: Second. 6 CHAIRMAN LINDBLOM: Any discussion on 7 the motion? 8 (No response . ) 9 CHAIRMAN LINDBLOM : Those in favor 07:04PM 10 signify by saying aye . 11 (A chorus of ayes . ) 12 CHAIRMAN LINDBLOM: Opposed? 13 (No response . ) 14 CHAIRMAN LINDBLOM : Motion passes . 07:04PM 15 We are now in public hearing for 16 PC 2011-06, Verne Henne and Steven and Dawn Friel , 17 petitioners , have filed an application with the 18 United City of Yorkville, Kendall County, 19 Illinois , requesting rezoning of three parcels on 07:04PM 20 Worsley Street, Lots 4 , 5 and 6, from R-1 One 21 Family Residence District to R-2 One Family 22 Residence District . 23 The real property consists of a 24 total of approximately 0 . 73 acres and is located Depo•Court Reporting Service (630) 983-0030 4 1 south of East Main Street and east of Worsley Road 2 in Yorkville, Illinois . 3 So with that being said, do we have 4 a motion then to continue this meeting then until 07:04PM 5 the November meeting? 6 MR. CROUCH : So moved . 7 CHAIRMAN LINDBLOM : Is there a second? 8 MR. JONES : Second . 9 MR . WEAVER: Second. 07:04PM 10 THE COURT : I ' m sorry, okay . Moved and 11 seconded. Any discussion on the motion? 12 (No response . ) 13 CHAIRMAN LINDBLOM: Hearing none, those 14 in favor signify by saying aye . 07:05PM 15 (A chorus of ayes . ) 16 CHAIRMAN LINDBLOM : Opposed? 17 (No response . ) 18 CHAIRMAN LINDBLOM : Motion passes . That 19 will be continued then to the next meeting . 07:05PM 20 The next item then on our public 21 hearing is PC 2011-10 , Robert Claesson, is that 22 pronounced -- Claesson, petitioner, has filed an 23 application with the United City of Yorkville, 24 Kendall County, Illinois , requesting rezoning of a Depo•Court Reporting Service (630) 983-0030 5 1 parcel located at 312 Walter Street from R-2 One 2 Family Residence District to R-2D Duplex Two 3 Family District . 4 The real property consists of 07:05PM 5 approximately 0 . 21 acres and is located 6 immediately south of Walter Street and east of 7 Mill Street in Yorkville, Illinois . 8 With that being said, could I have 9 anybody that wishes to speak before the Commission 07:05PM 10 at this time stand and repeat the oath -- repeat 11 after me? 12 (Witnesses thereupon duly 13 sworn . ) 14 CHAIRMAN LINDBLOM: Thank you . Okay . I 07:06PM 15 guess, Mr . Claesson, are you going to speak on 16 your behalf? 17 MR. CLAESSON : Yes . 18 CHAIRMAN LINDBLOM : Okay . The floor is 19 yours . 01 06P 20 MR. CLAESSON : Well, I am looking to 21 change my single family home into a multi family 22 dwelling . This is the plot of it , and as you see , 23 I have many, one , two, three, four other ones 24 similar to what I want to do on the other side and Depo•Court Reporting Service (630) 983-0030 6 1 one directly next to me . 2 I just want to put an addition onto 3 one side of my house, put the roof on it and make 4 a three-bedroom apartment on one side and a 07:06PM 5 three-bedroom apartment on the other side, so . . . 6 CHAIRMAN LINDBLOM : Just as a matter of 7 clarification, the house was gutted a while ago by 8 fire? 9 MR . CLAESSON : I ' m in the -- Yes . 07:06PM 10 CHAIRMAN LINDBLOM : And so remodeling 11 would have to take place? 12 MR. CLAESSON : The remodeling is going 13 to happen . I am either going back to the way it 14 was or I am doing this . I am definitely doing 07:07PM 15 something . I am just hoping that the Board will 16 let me do the plans I want to do . 17 CHAIRMAN LINDBLOM : Okay . Any other 18 comments from -- Sir, any comments on the public 19 hearing? 07:07PM 20 MR . GABOR: Yes . I live at 316 Walter 21 Street, right here (indicating) , and i have lived 22 in Yorkville for -- at this address -- 23 CHAIRMAN LINDBLOM : I ' m sorry, can we 24 get your name for the record? Depo•Court Reporting Service (630) 983-0030 7 1 MR. GABOR: Peter Gabor, G-A-B-O-R. 2 I ' ve been there since 1997 . Walter 3 Street , as you can see, is only one block long, 4 just like the other streets . It has five 07:07PM 5 duplexes . Illini Drive has none, Olson has none . 6 If you take the time before you make 7 your decision and take a drive, you will see the 8 condition that Walter Street is in with all the 9 duplexes and the renters who come and go month by 07:08PM 10 month, year by year . This street is pretty run 11 down . 12 I personally have no understanding 13 why Walter Street has to have another duplex, 14 which would make it six, and then you look at 07:08PM 15 Illini Drive, which is a beautiful single family 16 street , Olson, the same thing . 17 My understanding is that Yorkville 18 wants to plan its urban development, and this is 19 not the way. 07:08PM 20 First of all , the people who rent 21 these duplexes don ' t pay taxes . I pay taxes . I 22 have to pay for those children who live there to 23 go to school right on Mill Street or the high 24 school , it really doesn ' t matter, but I think Depo•Court Reporting Service (630) 983-0030 8 1 there should be a limit as far as the planning for 2 Yorkville how many duplexes are we going to allow 3 on each street . Is it going to become duplex 4 city? 07:09PM 5 Walter Street looks like a dump . 6 Many of these duplexes have no driveways , just 7 gravel , you see motorcycles out there, cars are 8 parked up all night on the street because there 9 are so many people in these apartments , there ' s 07:09PM 10 not enough room in the driveway . 11 It brings my property value down, 12 and I take care of my property, it brings the 13 other property values down, especially in this 14 economy when they are already down, so there 07:09PM 15 should be some limitation . 16 If someone is going to have a 17 duplex, it should be taken care of . Maybe there 18 should be a duplex association like there ' s a 19 condominium association, a townhome association, 07:1OPM 20 where there ' s a responsibility for taking care of 21 the property . 22 This house right here ( indicating) I 23 believe has been up for new rental at least a half 24 a dozen times since I have lived there . The Depo•Court Reporting Service (630) 983-0030 9 1 owners let their dogs run on my property, mess all 2 over my property . I clean it up . 3 So I just -- I am totally against 4 it . I would -- I would prefer that the owner fix 07:1OPM 5 up his house, make it such that it increases its 6 value, his value, it makes Yorkville ' s urban 7 development progressive, instead of just anything 8 goes , which to me is what ' s been -- what ' s been 9 happening as far as Walter Street . 07:11PM 10 You take a drive down Illini Drive, 11 which curves into -- this is still Illini Drive, 12 and Walter Street ends with my driveway, this 13 house burned down, was -- is owned by a former 14 councilman, put up a beautiful new home , okay? 07:11PM 15 That was -- you know, if -- I mean, 16 the only explanation I can have for -- My house is 17 not big . If I divide it into a duplex, it would 18 be for only one thing, to pay the mortgage , and 19 it ' s not going to bring the values up, and if the 07:12PM 20 duplex is going to go through, your commission 21 should have some requirement as far as appearance, 22 whatever other villages do to maintain their 23 property . 24 That gentleman is a fireman in Depo•Court Reporting Service (630) 983-0030 10 1 Woodridge-Lisle? I have a business in Downers 2 Grove, right next to Woodridge . The Village of 3 Downers Grove is strict . When I wanted to expand 4 my business, they had code enforcement, who -- you 07:12PM 5 can ' t have one building unless it ' s attached to 6 the other building to make sure it ' s not -- you ' re 7 not going to do an in-law-type of a setup with 8 in-laws moving in next door . 9 You had to take out the kitchen 07:13PM 10 facility and I had to prove to them that I am 11 making this old house into a garage and it ' s being 12 attached to the new house . 13 And Downers Grove, it ' s just like 14 Naperville, you know . It ' s a beautiful community . 07:13PM 15 Yorkville is a beautiful community until you get 16 to Walter Street . 17 Please take a look at it and I think 18 you will vote no . 19 CHAIRMAN LINDBLOM : Okay . Thank you . 07:13PM 20 Is there any other public comments? 21 MR . CLAESSON : I ' d like to comment on 22 what he said . 23 CHAIRMAN LINDBLOM : Certainly . 24 MR. CLAESSON : You ' re making comment on Depo•Court Reporting Service (630) 983-0030 11 1 houses around my house not having a driveway, but 2 my house does have a driveway . It ' s going to have 3 a two-car garage, so I would have in the car 4 garage parking, plus off street parking for two 07:14PM 5 additional cars , three cars for each unit off of 6 the street on the driveway . 7 The duplexes that he ' s referring to 8 that ' s connecting to his with the dog, I have a 9 fenced-in back yard and the back for any pets to 07:14PM 10 be restrained . 11 I believe that what I want to do is 12 going to bring the value of my property up and 13 make the other properties around them better 14 because it ' s going to be much nicer, much more 07:14PM 15 modern, it ' s going to look right in place with the 16 rest of the street, and I don ' t believe that it ' s 17 going to bring the property values around -- 18 directly adjacent down . 19 This gentleman ' s house is placed 07:14PM 20 way, way, way in the back, back against this creek 21 where every property touching this property is a 22 single family home . 23 My property is nowhere near his 24 property, there ' s other properties in between our Depo•Court Reporting Service (630) 983-0030 12 1 properties , and with his being set back so far, I 2 don ' t really see how my property is going to 3 affect his . 4 If you were to go look at his 07:15PM 5 property, you can ' t even see my house from his 6 house . You ' d have to come all the way out to the 7 street at the very edge just to see the corner of 8 my house . 9 So with that being said, you could 07:15PM 10 also see directly adjacent one, two, three , four, 11 five, six, seven, already on that street . 12 Going to be honest, when I bought 13 this property back in 2000 , these were my original 14 plans, hoping to do this . It was all part of my 07:15PM 15 plan when I bought the house . 16 It had already been divided, there 17 was already a kitchen downstairs when I bought it , 18 so it had already been divided as such, it just 19 was -- the zoning, I believe that house is meant 07:15PM 20 to be a duplex, just the zoning for some reason on 21 this -- on all these streets was not as such . 22 So, you know, in comparison to the 23 other ones , he says if you were to drive down and 24 you see these people ' s houses, my house really Depo•Court Reporting Service (630) 983-0030 13 1 doesn ' t compare to them. I have the driveway, 2 it ' s set back, it ' s a different build, it doesn ' t 3 look like those houses at all . 4 My house is going to be a 07:16PM 5 cedar-sided house with a brick front , well kept, 6 definitely -- will definitely not be looking run 7 down because it will be brand new, all new siding, 8 new kitchens , modern, and it will definitely raise 9 the property value of my house . 07:16PM 10 My property value will go up, there 11 is no doubt, because I 'm going to making it much 12 nicer, more modern, and I definitely think it will 13 be by far, if you allow it to go through, the 14 nicest rental property on the block . 07:16PM 15 I ' m very stringent about who I rent 16 to . I ' m not going to just rent to anybody . 17 References , the whole nine yards . 18 So, you know, just with that in 19 mind, if you ' re going to compare my house to the 07:16PM 20 other rental properties , I just wish you would 21 look at that option, you know, that it will be 22 nicer than the other ones and I think it will make 23 the property values on that street go up, not 24 down . Depo•Court Reporting Service (630) 983-0030 14 1 CHAIRMAN LINDBLOM: Okay . Thank you . 2 Any other comments from the public? Yes , sir . 3 MR. GABOR : First of all , I don ' t 4 believe any of these homes were meant to be 07:17PM 5 duplexes . When the zoning changed from 6 agricultural in Yorkville to single family, that ' s 7 what it meant . Not duplex . 8 Single family is single family, and 9 a person who converts a home into a duplex can 07:17PM 10 have the greatest intentions in the world, but you 11 have no control over what the renters do in your 12 house . If they go -- disappear overnight, a 13 deposit for security is not going to take care of 14 the damage they ' ve done . 07:17PM 15 I 'm sure every one of those duplexes 16 when they were first converted were beautiful . 17 Look at them now . 18 And how many duplexes does one tiny 19 street need? It ' s one block long . It ' s going to 07:18PM 20 have six duplexes . 21 If the economy ever changes and we 22 get out of this recession, what ' s going to happen 23 is the same thing that ' s happened in LaGrange, 24 LaGrange Park, Downers Grove, people are going to Depo•Court Reporting Service (630) 983-0030 15 1 buy these little lots , demolish what they have and 2 build beautiful homes on them, and I personally 3 plan to stay in Yorkville . 4 And, again, do I want to see six 07:18PM 5 cars in one driveway? No . Do I want to see cars 6 parked on the street wondering is this person 7 staying here or is this person planning to rob 8 this house? I mean, that street is never empty . 9 And it may initially help the value 07:19PM 10 of the home, but that alone can ' t guarantee that 11 it ' s going to stay that way after . I mean, if you 12 look at Walter Street right now, there are signs 13 for rent , duplexes for rent , duplexes for sale , 14 single family homes for sale . I mean, it looks 07:19PM 15 like a flea market for homes . 16 And there ' s got -- there should be 17 an end to this as far as the Planning Commission 18 because the future of Yorkville -- it doesn ' t 19 depend on Walter Street, but if that can happen to 07:19PM 20 Walter Street , why not somebody else? 21 I mean, there should be a limit as 22 to how many duplexes you have on one block, just 23 like where you put your townhomes and things like 24 that . Depo•Court Reporting Service (630) 983-0030 16 1 And the last thing that I mentioned 2 first I want to say is that the people who rent 3 don ' t pay taxes , and they are all young people . 4 My children are grown, they don ' t 07:20PM 5 live with me, there are two people in this 6 household where I live, yet I ' ve got to pay taxes 7 for the schooling of those children? It ' s not 8 right . 9 Duplexes of maybe -- you know, I 07:20PM 10 mean, the tax structure, the real homeowners 11 should not be stuck with -- you know, my taxes are 12 $8 , 000 a year, and I ' ve got to pay that because 13 I ' ve got six duplexes with 50 people and a dozen 14 children whose education I definitely support, but 07:21PM 15 do I have to be paying for it? 16 And basically there ' s got to be a 17 limit for how many -- how many duplexes on each -- 18 on this -- you know, ten, 12 homes , there ' s six 19 duplexes , and it ' s like 60/40 , or 50/50 . 07:21PM 20 CHAIRMAN LINDBLOM : I don ' t mean to cut 21 you off, but is there -- I think you are repeating 22 yourself now . Is there something new you wish to 23 add? I would certainly welcome that . 24 MR. GABOR : No . Depo•Court Reporting Service (630) 983-0030 17 1 MR. CLAESSON : One other thing I plan 2 on -- And I have been living in this house myself 3 since 2000 . I pay my taxes . He doesn ' t pay my 4 taxes . 07:21PM 5 I pay my taxes and I have a child 6 and, you know, she walks to school every day when 7 we lived there and, you know, I ' m paying my 8 obligation for taxes also and, you know, the 9 area is -- 07:21PM 10 MR. GABOR: And you are paying for the 11 renters , too . 12 MR . CLAESSON : The area is already full 13 of renters . Across the street , even on 126, it ' s 14 all rental property . 07:22PM 15 You know, repeating myself, I just 16 wanted to add that I ' m not going to just rent it 17 out to anybody, I ' m living there . I ' m renting out 18 a portion of it and I ' m living there . 19 CHAIRMAN LINDBLOM : Is it your intent to 07:22PM 20 continue living there? 21 MR. CLAESSON : It is absolutely my 22 intent to continue living there . 23 CHAIRMAN LINDBLOM : Just rent out the 24 other half? Depo•Court Reporting Service (630) 983-0030 18 1 MR . CLAESSON : Rent out the other half . 2 And, with the recession and everything else, to 3 try to avoid yet another empty house that ' s not 4 getting paid for, the supplemental rental income 07:22PM 5 is going to stop that from happening in this case , 6 okay, because, I mean, let ' s face it , property 7 values have dropped down . It ' s not going to sell . 8 The other single family homes have already been 9 foreclosed on in this house, the 308 and another 07:22PM 10 one across the street . 11 The houses that he is referring to 12 are single family homes that have been abandoned 13 because the homeowners can ' t afford them. The 14 grass is getting long . That ' s not the renters . 07:23PM 15 The renters are the ones that have the grasses 16 cut . 17 The abandoned single family homes 18 that are driving property values down that the 19 gentleman is speaking of are the single family 07:23PM 20 homes that the people can ' t afford . 21 And, you know, I ' m doing what I can 22 to make sure my house isn ' t one of those . I have 23 lived there for ten years . I ' m in construction; 24 my income has been affected as much or more than Depo•Court Reporting Service (630) 983-0030 19 1 anybody ' s , trust me, and this is a plan to make my 2 house continue looking good, keep it under my 3 belt , not to lose what I have invested in, and, 4 you know, it ' s my home . It ' s where me and my 07:23PM 5 daughter have grown up, and I would definitely 6 like to be able to raise her there and keep her 7 going to that school where all her friends are and 8 everything else, and this is the way it ' s going to 9 have to happen . 07:23PM 10 Otherwise it ' s going to get fixed 11 the old way, get put up on the market, and lord 12 only knows how long it will sit there , and then it 13 will become what this gentleman is afraid of, tall 14 grass with a house sitting there that -- you know, 07:24PM 15 that doesn ' t get its taxes paid, and we don ' t need 16 another foreclosure in town, that ' s for sure . 17 CHAIRMAN LINDBLOM: Okay . Is there 18 anybody else that has any more comments? 19 MR . GABOR: One more comment, sir, if I 07:24PM 20 may add . 21 CHAIRMAN LINDBLOM : As long as you are 22 not repeating yourself . 23 MR . GABOR: If the solution to the 24 problem of these single family homes that are Depo•Court Reporting Service (630) 983-0030 20 1 being abandoned is to make them into duplexes , 2 then let ' s all make them into duplexes . That ' s 3 not the solution . 4 And if Yorkville and the village and 07:24PM 5 the planners and you folks have any foresight , you 6 will plan with progressive thoughts . 7 And foreclosures are everywhere and 8 I don ' t believe jumping to duplexes is the answer, 9 especially if Yorkville wants to grow the right 07:25PM 10 way . 11 CHAIRMAN LINDBLOM : Okay. I hear nobody 12 else in the audience . Could we have a motion then 13 to close the public hearing? 14 MR . JONES : So moved . 07:25PM 15 MR. CROUCH : Second. 16 CHAIRMAN LINDBLOM : Moved and seconded . 17 Any discussion on the motion? 18 (No response . ) 19 CHAIRMAN LINDBLOM : Hearing none, those 07:25PM 20 in favor signify by saying aye . 21 (A chorus of ayes . ) 22 CHAIRMAN LINDBLOM: Opposed? 23 (No response . ) 24 CHAIRMAN LINDBLOM : This part of the Depo•Court Reporting Service (630) 983-0030 21 1 meeting, the public hearing portion, is now 2 closed . 3 (Which were all the 4 proceedings had in the 5 public hearing portion 6 of the meeting . ) 7 ---000--- 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo•Court Reporting Service (630) 983-0030 22 1 STATE OF ILLINOIS ) ) SS . 2 COUNTY OF LA SALLE ) 3 I , Christine M. Vitosh, a Certified 4 Shorthand Reporter, do hereby certify that I 5 reported in shorthand the proceedings had at the 6 hearing of the above-entitled cause and that the 7 foregoing Report of Proceedings , Pages 1 through 8 23 , inclusive, is a true, correct, and complete 9 transcript of my shorthand notes so taken at the 10 time and place aforesaid . 11 I further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit , nor am I in any way related 14 to any of the parties to this suit , nor am I in 15 any way interested in the outcome thereof . 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof, signed and 19 certified under my hand only . I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction . 22 23 24 Depo•Court Reporting Service (630) 983-0030 23 1 In testimony whereof, I have 2 hereunto set my hand this 2nd day of November, 3 A. D . , 2011 . 4 5 6 Christine M . Vitosh, CSR 7 CSR No . 084-002883 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo•Court Reporting Service (630) 983-0030 24 A 19:13 4:15,20:21 20:15 bedroom[2]-6:4,6:5 Christine[21-22:3, CSR[2]-23:6,23:7 behalf[1]-5:16 23:6 curves[11-9:11 $8,000(1]-16:12 A.D[1]-23:3 belt[1]-19:3 city[1]-8:4 ; cut[2]-16:20, 18:16 abandoned[31- better[1]-11:13 City[2]-3:18,4:23 Q 18:12, 18:17,20:1 between(1]-11:24 CITY[11-1:2 p able(1]-19:6 big[1]-9:17 Claesson[31-4:21, 0.21[1]-5:5 above-entitled[1]- block[4]-7:3, 13:14, 4:22,5:15 22:6 14:19, 15:22 CLAESSON[10]- D-951911[1]-1:19 0.73[1]-3:24 absolute) 11]-17:21 damage[1]-14:14 0- 084-002883[1 23:7 Y Board[1]-6:15 5:17,5:20,6:9,6:12, accuracy(1]-22:20 bought[3]-12:12, 10:21, 10:24, 17:1, daughter(1]-19:5 1 acres[21-3:24,5:5 12:15, 12:17 17:12, 17:21, 18:1 Dawn[1]-3:16 add[3]-16:23, 17:16, brand(1)-13:7 clarification(1]-6:7 decision[1]-7:7 19:20 brick[1]-13:5 clean[1]-9:2 definitely[7]-6:14, j 1[1]-22:7 addition[1]-6:2 bring[3]-9:19, 11:12, close[11-20:13 13:6, 13:8, 13:12, 12[21-1 14, 16:18 additional[1]-11:5 11:17 closed[1]-21:2 16:14, 19:5 • 126[1]-17:13 address[1]-6:22 brings[2]-8:11,8:12 code[1]-10:4 demolish[1]-15:1 1997(l]-7:2 adjacent[21-11:18, build[2]-13:2, 15:2 comment[31-10:21, deposit[t]-14:13 12:10 building[21-10:5, 10:24, 19:19 Development[1]- 2 affect[1]-12:3 10:6 comments[5]-6:18, 2:12 affected(1]-18:24 burned(1]-9:13 10:20, 14:2, 19:18 development[2]- afford[2]-18:13, business(21-10:1, COMMISSION[1]- 7.18,9:7 2000[2]-12:13, 17:3 18:20 10:4 1:5 different[1]-13:2 2011[2]-1:14,23:3 aforesaid[1]-22:10 buy[1]-15:1 commission[1]-9:20 direction[1]-22:21 2011-06[1]-3:16 afraid[11-19:13 Commission[2]-5:9, directly[31-6:1, 2011-10[1]-4:21 ago(1]-6:7 C 15:17 11:18, 12:10 23[1]-22:8 agricultural[1]-14:6 community[2]- Director[1]-2:13 2nd(1]-23:2 allow[2]-8:2, 13:13 10:14, 10:15 disappear(1]-14:12 alone[1]-15:10 car[2]-11:3 Community[1]-2:12 discussion[31-3:6, 3 ALSO[1]-2:11 care[41-8:12,8:17, compare[21-13:11 4:11,20:17 annexed[1]-22:17 8:20, 14:13 13:19 District(41-3:21, answer[l 20:8 cars[5]-8:7, 11:5, comparison(1]- 3:22,5:2,5:3 308[1]-18:9 15:5 divide[1]-9:17 312[1,-5:1 apartment 12]-6:4, 12:22 6:5 case(1]-18:5 complete 11]-22:8 divided[21-12:16, 316[1]-6:20 cedar[1]-13:5 12:18 apart ments 11]-8:9 condition(1]-7:8 ' r 4 appearance[11-9:21 cedar-sided(1]-13:5 condominium[1]- [I dog[1]-11:8 L application[21-3:17, certainly[2]-10:23, 8:19 dogs[1]-9:1 4:23 16:23 connecting[1]-11:8 done[1]-14:14 certificate[1]-22:17 door[1]-10:8 4[11-3:20 applies(1]-22:17 consists[z]-3:23, ! area[2]-17:9, 17:12 certified[1]-22:19 5:4 doubt[1]-13:11 5 Art[1]-2:7 Certified[1]-22:3 construction[1]- down[121-7:11,8:11, association[31-8:18, certify(3]-22:4, 18:23 8:13,8:14,9:10, , 22:11 22:16 6_ 8:19 conti nue 14]-4:4, 9:13,11:18, 12:23, Sill-3:20 Chairman[1]-2:2 13:7,13:24, 18:7, assume(1]-22:19 17:20, 17:22, 19:2 50[1]-16:13 attached 2 -10:5, CHAIRMAN[28]-3:1, 18:18 50/50[1]-16:19 [1 continued[1]-4:19 10:12 3:6,3:9,3:12,3:14, control(21-14:11, Downers[41-10:1, audience[1]-20:12 4:7,4:13,4:16,4:18, 22:21 10:3,10:13, 14:24 6 avoid(1)-18:3 5:14,5:18,6:6,6:10, converted[11-14:16 downstairs[1]-12:17 ~ aye[31-3:10,4:14, 6:17,6:23,10:19, converts[1]-14:9 dozen[21-8:24, 16:13 10:23, 14:1, 16:20, Drive[41-7:5,7:15, 6[1]-3:20 20:20 copies[2]-22:18, 17:19, 17:23, 19:17, 9:10,9:11 60/40 ill-16:19 ayes[3]-3:11,4:15, 19:21,20:11,20:16, 22:21 drive 3 7:7,9:10, 20:21 corner[11-12:7 [1- 20:19,^c0:22,20:24 correct[11-22:8 12:23 7 change[1]-5:21 driveway[7]-8:10, B councilman[1]-9:14 - changed[1]-14:5 counsel[2]-22:12 9:12, 11:1, 11:2, 7;00[1 -1:15 changes[1]-14:21 County[z]-3:18,4:24 11:6, 13:1. 15:5 j Baker(1]-2:3 Charles 11]-2:6 COUNTY[11-22:2 driveways 111-8:6 beautiful 16]-7:15, child 111-17:5 driving 11]-18:18 i 9 9:14, 10:14, 10:15, children[4]-7:22, COURT[1]-4:10 dropped(1]-18:7 14:16, 15:2 16:4, 16:7,16: creek[1]-11:20 14 Crouch[1]-2:4 duly(1]-5:12 1:10 become[21-8:3, chorus[3]-3:11 CROUCH[2]-4:6, dump[11-8:5 Depo•Court Reporting Service (630) 983-0030 25 Duplex p]-5:2 fixed[1)-19:10 hereto(1)-22:17 JONES[2]-4:8,20:14 M duplex[9] 7:13,8:3, flea[1)-15:15 hereunto[1]-23:2 Jones[1]-2:5 8:17,8:18,9:17, floor(1]-5:18 high[1]-7:23 jumping[1]-20:8 9:20, 12:20, 14:7, folks p]-20:5 home[6]-5:21 9:14, I Main[1]-4:1 14:9 foreclosed p)-18:9 11:22, 14:9, 15:10, K ! maintain[i)-9:22 duplexes(20]-7:5, foreclosure[1]-19:16 19:4 market[2]-15:15, 7:9,7:21 8:2,8:6, foreclosures[1]-20:7 homeowners[2]- 19:11 11:7, 14:5, 14:15, foregoing[1]-22:7 16:10, 18:13 keep[2]-19:2, 19:6 Marlys[t]-2:14 14:18, 14:20, 15:13, foresight[1)-20:5 homes[lo)-14:4, Kendall[2]-3:18, matter[2]-6:6,7:24 15:22, 16:9, 16:13, former(i]-9:13 15:2, 15:14, 15:15, 4:24 mean[e)-9:15,15:8, 16:17, 16:19,20:1, four[2]-5:23, 12:10 16:18, 18:8, 18:12, kept[1]-13:5 15:11, 15:14, 15:21, t 20:2,20:8 Friel[t]-3:16 18:17, 18:20, 19:24 kitchen[2)-10:9, 16:10, 16:20, 18:6 dwelling(1)-5:22 honest[11-12:12 12:17 meant[3]-12:19, friends[�]-19:7 � front[1]-13:5 hoping[2]-6:15, kitchens[]-13:8 14:4, 14:7 knows p]-19:12 MEETING[1]-1:5 E full[1]-17:12 12:14 -2:6 ner �] future[i]-15:18 house[29]-6:3,6:7, Krau P ( meeting(5]-4:4,4:5, East[t]-4:1 8:22,9:5,9:13,9:16, KRAUPNER[1]-3:4 4:19,21:1,21:6 sti � east[z]-4:1,5:6 G 10:11, 10:12, 11:1, K ry [ ]-2:12 mentioned[1]-16:1 economy[2]-8:14, 11:2,11:19, 12:5, mess[1]-9:1 12:6,12:8, 12:15, L Michael[1]-2:4 14:21 G-A-B-O-R(1]-7:1 12:19, 12:24, 13:4, Mill[2]-5:7,7:23 edge -12:7 GABOR[7]-6:20,7:1, 13:5, 13:9 13.19, LaGrange(z]-14:23, mind[1]-13:19 education[1 -16:14 LA -22:2 14:3, 16:24, 17:10, 14:12, 15:8, 17:2 Minute[1]-2:14 effect[1]-3:3 19:19, 19:23 18:3, 18:9, 18:22,, 14:24 modem(3]-11:15, either(1]-6:13 Gabor[1)-7:1 19:2, 19:14 13:8,13:12 empty[2)-15:8, 18:3 Game[1]-1:10 household[1]-16:6 last[1]-16:1 month[2]-7:9,7:10 t end[i]-15:17 garage[3]-10:11, houses[4]-11:1, law(1]-10:7 mortgage[1]-9:18 G ends[1]-9:12 laws[i)-10:8 11:3, 11:4 12:24, 13:3, 18:11 motion[8]-3:2,3:7, enforcement[i)-10:4 gentleman[3)-9:24, least[�]-8:23 g limit[3]-8:1, 15:21, 3:14,4:4,4:11,4:18, entitled[1]-22:6 18:19, 19:13 20:12,20:17 especially(21-8:13, gentleman's(1]- 16:17 motorcycles[1)-8:7 s 20:9 11:19 limitation[1]-8:15 everywhere -20:7 Illini[4)-7:5,7:15, Lindblom[1]-2:2 moved[s)-3:4,4:6, ry [] grass[z]-18:14, 4:10,20:14,20:16 expand -10:3 19:14 9:10,9:11 LINDBLOM[28)-3:1, explanation -9:16 ILLINOIS[2)-1:3, 3:6,3:9,3:12,3:14, moving[�]-10:8 : , P [ 1 grasses[�]-18:15 ' MR[za]-3:4,3:5,4:6, ravel[�]-8:7 22:1 4:7,4:13,4:16,4:18, 9 4:8,4:9,5:17,5:20, F greatest[i]-14:10 Illinois[5]-1:11,3:19, 5:14,5:18,6:6,6:10, 6:9,6:12,6:20,7:1, Grove[4]-10:2, 10:3, 4:2,4:24,5:7 6:17,6:23, 10:19, 10:21, 10:24, 14:3, 10:13, 14:24 immediately[1]-5:6 10:23, 14:1, 16:20, face. )-18:6 in-law-type[�)-10:7 17:19, 17:23, 19:17, 16:24, 17:1, 17:10, grow[]-20:9 17:12, 17:21, 18:1, facility[�]-10:10 in-laws p]-10:8 19:21,20:11,20:16, family[13]-5:21 grown[z]-16:4, 19:5 20:19,20:22,20:24 19:19, 19:23,20:14, guarantee(1)-15:10 inclusive[�)-22:8 20:15 7:15, 11:22, 14:6, income[2]-18:4, Lisle[1]-10:1 14:8, 15:14, 18:8, guess[1]-5:15 18:24 live[4]-6:20,7:22, multi[1]-5:21 18:12, 18:17, 18:19, gutted[1]-6:7 increases[1]-9:5 16:5, 16:6 N 19:24 indicating[2]-6:21, lived[4)-6:21,8:24, Family[4]-3:21,5:2, H 8:22 17:7, 18:23 5:3 instead[1]-9:7 living[s]-17:2, 17:17, name[1)-6:24 far[5)-8:1,9:9,9:21, half(3]-8:23, 17:24, intent[2]-17:19, 17:18, 17:20, 17:22 Naperville[1]-10:14 12:1, 13:13, 15:17 18:1 17:22 located[3)-3:24,5:1, near[]-11:23 Farm[i]-1:10 hand(2]-22:19,23:2 intentions(1]-14:10 5:5 need[2]-14:19, 19:15 favor[3]-3:9,4:14, hear(1]-20:11 interested(1]-22:15 look[8]-7:14,10:17, never[1]-15:8 20:20 HEARING[1)-1:6 invested[1]-19:3 11:15, 12:4, 13:3, new[7]-8:23,9:14, fenced[1 -11:9 Hearing(1]-20:19 item[2]-3:1,4:20 13:21, 14:17, 15:12 10:12, 13:7, 13:8, fenced-in[1]-11:9 hearing[9]-3:2,3:15, looking[3]-5:20, 16:22 filed[21-3:17,4:22 4:13,4:21,6:19, J 13:6, 19:2 next[si-4:19,4:20, fire p]-6:8 20:13,21:1,21:5, looks[2)-8:5, 15:14 6:1, 10:2, 10:8 fireman[1)-9:24 22:6 lord[1]-19:11 nicer[3]-11:14, first[5]-3:1,7:20, help[1]-15:9 Jack p -2:5 lose(1)-19:3 13:12, 13:22 14:3, 14:16, 16:2 Henne[1)-3:16 James[1]-2:8 nicest[1]-13:14 five[2]-7:4, 12:11 hereby[i]-22:4 Jane[1]-2:9 night pi-8:8 fix[1]-9:4 Jeff[1]-2:3 nine[1)-13:17 Depo•Court Reporting Service (630) 983-0030 26 Noble,-]-2:12 14:24, 16:2, 16:3, R 13:6 street[15]-7:10,7:16, nobody[1]-20:11 16:5,16:13, 18:20 8:3,8:8, 11:4, 11:6, none[4]-4.13,7:5, people's[1]-12:24 S 11:16, 12:7, 12:11, 20:19 person[3]-14:9, R-1[1]-3:20 - 13:23, 14:19, 15:6, notes[1]-22:9 15:6, 15:7 R-2[z]-3:21,5:1 15:8, 17:13, 18:10 November[z]-4:5, personally[2]-7:12, R-21)[1]-5:2 sale[2]-15:13, 15:14 Street(1:r]-3:20,4:1, 23:2 15:2 raise[2]-13:8, 19:6 SALLE[1]-22:2 5:1,5:6,5:7,6:21. nowhere[1]-11:23 Peter[1]-7:1 real[3]-3:23,5:4, school[4]-7:23, 7:3,7:8,7:13,7:23, petitioner(1]-4:22 16:10 7:24, 17:6, 19:7 8:5,9:9,9:12, 10:16, Q petitioners[1]-3:17 really[3]-7:24, 12:2, schooling[1]-16:7 5:12, 15:19, 15:20 pets[1]-11:9 12:24 second(s]-3:5,4:7, streets[2]-7:4, 12:21 place[3]-6:11, 11:15, reason[1]-12:20 4:8,4:9,20:15 strict[1]-10:3 oath[�]-5:10 22:10 recession[z]-14:22, seconded(2]-4:11, stringent(1]-13-15 obligation[1]-17:8 placed[1]-11:19 18:2 20:16 structure[1]-16:10 October[1]-1:14 PLAN 1 -1:5 record(1]-6:24 security[1]-14:13 [ ] stuck[1]-16:11 OF[3]-1:2,22:1,22:2 Ian s 7:18, 12:15, references[1]-13:17 see(11]-5:22,7:3, old[2]-10:11 19:11 P [ ] 7:7,8:7, 12:2, 12:5, suit[2]-22:tal[ii- 15:3, 17:1,19:1, referring[2]-11:7, supplemental[1]- Olson(2]-7:5,7:16 20:6 18:11 12:7, 12:10, 12:24, 18:4 One[3]-3:20,3:21, planners[1]-20:5 related[2]-22:12, 15:4, 15:5 5:1 22:13 sell[1]-18:7 support(1]-16:14 one[n]-5:23,6:1, Planning[1]-15:17 set [ -12:1, 13:2, sworn[1]-5:13 6:3,7)- : 3, 618, Planning[2]-8:1, remodeling[2]-6:10, [] 15:7 6:12 23:2 T 10:5, 12:10, 14:15, Rent[1]-18:1 setup(1]-10:7 plans[z]-6:16, 12:14 14.18, 14:19, 15:5, rent[8]-7:20, 13:15, seven[1]-12:11 15:22, 17:1, 18:10, Plot[1]-5:22 Shorthand(1]-22:4 Taker[1]-2:14 plus[1]-11:4 13:16, 15:13, 16:2, 18:22, 19:19 17:16, 17:23 shorthand(2]-22:5, tall[1]-19:13 ones(4]-5:23112:231 Portion(3]-17:18, 22:9 tax[1]-16:10 21:1,21:5 rental[s]-8:23, 13:22, 18:15 13:14, 1 3:20, 17:14, side[4]-5:24,6:3, taxes[10]-7:21, 16:3, opposed[3]-3:12, Prefer[1]- (2] 6:4,6:5 16:6, 16:11, 17:3, PRESENT[2]-2:1, 18:4 4:16,20:22 2:11 renters[s]-7:9, sided[1]-13:5 17:4, 17:5,17:8, option[1]-13:21 14:11, 17:11, 17:13, siding(1]-13:7 19:15 on inal[2]-12:13, Pretty[1]-7:10 g 18:14, 18:15 signed(1]-22:18 ten[2]-16:18, 18:23 22:17 problem[1]-19:24 otherwise[1]-19:10 Proceedings(2]- renting[1]-17:17 signify[3]-3:10, testimony[1]-23:1 21:4,22:5 repeat[2]-5:10 4:14,20:20 THE;,,S-4:10 outcome[1]-22:15 Proceedings(1)- repeating[3]-16:21, signs[1]-15:12 thereof[2]-22:15, overnight[1 -14:12 22:7 17:15, 19:22 similar[1]-5:24 22:18 owned(1]-9:13 Prochaska[1]-2:7 Report[1]-22:7 single(121-5:21, thereupon[1]-5:12 owner[1]-9:4 PROCHASKA[1]-3:5 reported[1]-22:5 7:15,11:22, 14:6, they've[1]-14:14 owners[1]-9:1 progressive[2]-9:7, Reporter[1]-22:4 14:8, 15:14, 18:8, thoughts[1]-20:6 20:6 reproduced[1]- 18:12, 18:17, 18:19, three[6]-3:19,5:23, P pronounced[1]-4:22 22:20 19:24 6:4,6:5, 11:5, 12:10 properties[4]-11:13, requesting[2]-3:19, sit[1]-19:12 three-bedroom[2]- p.m[1]-1.15 11:24, 12:1, 13:20 4:24 sitting[1]-19:14 6:4,6:5 Pages[1]-22:7 property[251-3:23, requirement(1]-9:21 six;c]-7:14, 12:11, tiny[1]-14:18 paid[2]-18:4, 19:15 5:4,8:11,8:12,8:13, Residence[3]-3:21, 14:20, 15:4, 16:13, Tom[1]-2:2 8:21,9:1,9:2,9:23, 3:22,5:2 16:18 total[1]-3:24 parcel[1]-5:1 response s so..(?]-6:5 totally[1]-9:3 parcels[1]-3:19 1 i:12, 11:17, 11:21, onse P [ ]-3:8, 11:23, 11:24, 12:2, 3:13,4:12,4:17, solution[z]-19:23, touching(1]-11:21 Park[1]-14:24 20:18,20:23 20:3 town(1]-19:16 parked[2]-8:8, 15:6 12:5, 12:13, 13:9, part 13:10, 13:14, 13:23, responsibility[2]- someone(1]-8:16 1 townhome[1]-8:19 pa t parking[2]-1 1-1 -11:4 2:14,20:24 17:14, 18:6, 18:18 8:20 22:20 sorry[2]-4:10,6:23 townhomes[1]- prove[1]-10:10 rest[1]-11:16 south[2]-4:1,5:6 15:23 parties[2]-22:13, 22:14 PUBLIC[1]-1:6 restrained(1]-11:10 speaking[1 p-18:19 transcript[2]-22:9,passes[2]-3:14,4:18 Public[s]-3:2,3:15, rezoning[2]-3:19, SS(il-22:1 22:18 pay[10]-7:21,7:22, 4:20,6:18,10:20, 4:24 stand[1]-5:10 true(1]-22:8 9:18, 16:3, 16:6, 14:2,20:13,21:1, Road[z]-1:10,4:1 STATE[1]-22:1 trust[1]-19:1 16:12, 17:3, 17:5 21:5 rob[1]-15:7 stay(2]-15:3, 15:11 try(1)-18:3 paying(3)-16:15, Put[s]-6:2,6:3,9:14, Robert[1]-4:21 staying[1]-15:7 Two[1]-5:2 17:7, 17:10 15:23, 19:11 roof(1]-6:3 Steven[1]-3:16 two[5]-5:23, 11:3, PC(2]-3:16,4:21 room[1]-8:10 still(1]-9:11 11:4, 12:10, 16:5 people[8]-7:20,8:9, run[3]-7:10,9:1, stop[1]-18:5 two-car[ill-11:3 Depo•Court Reporting Service (630) 983-0030 27 type(1]-10:7 y U yard[1]-11:9 yards[1]-13:17 under[3]-19:2, year[3]-7:10, 16:12 22:19,22:21 years[1]-18:23 unit[1 -11:5 YORKVILLE[2]-1:2, United[2]-3:18,4:23 1:3 UNITED[1]-1:2 Yorkville[14]-1:11, unless[i]-10:5 3:18,4:2,4:23,5:7, up[1 ]-8:8,8:23,9:2, 6:22,7:17,8:2, 9:5,9:14,9:19, 10:15, 14:6, 15:3, 11.12, 13:10, 13:23, 15:18,20:4,20:9 19:5, 19:11 Yorkville's(1]-9:6 urban[2]-7:18,9:6 young[1]-16:3 Young[1]-2:14 V yourself[2]-16:22, 19:22 value[7]-8:11 9:6, Z 11 12, 13:9, 13:10, 15:9 values[6]-8:13,9:19, Zoning(3]-12:19, 11:17, 13:23, 18:7, 12:20, 14:5 18:18 Verne[1]-3:16 Village(1]-10:2 village(i]-20:4 villages[1]-9:22 Vitosh[2]-22:3,23:6 vote[1]-10:18 W walks[1]-17:6 Walter[13]-5:1 5:6, 6:20,7:2,7:8,7:13, 8:5,9:9,9:12, 10:16, 15:12, 15:19, 15:20 wants[2]-7:18,20:9 WEAVER[1]-4:9 Weaver ]-2:8 Wednesday[1]-1:14 welcome[1]-16:23 whereof[1]-23:1 whole[1]-13:17 Winninger[i -2:9 wish[2]-13:20, 16:22 wishes[1]-5:9 witnesses[1]-5:12 wondering[i]-15:6 Woodridge[2]-10:1,. 10:2 Woodridge-Lisle[1]- 10:1 world[1]-14:10 Worsley[2]-3:20,4:1 Depo•Court Reporting Service (630) 983-0030 c,r� Memorandum 0 To: Plan Commission 1es6 Esr. ! �- From: Krysti J. Barksdale-Noble, Community Development Director 1 `= CC: Bart Olson, City Administrator Date: November 4, 2011 TE oa= ® Subject: PC 2011-06 & PC 2011-07—Henne/Friel (Worsley-Gawne Lane) Kendae counTy �� Request for Rezoning and Preliminary & Final Plat Approval <LE '►�' Petitioner's Request& Background: The petitioners are requesting rezoning of three (3) unimproved parcels with a total area of approximately 0.93-acres located on Worsley Street and Gawne Lane from R-1 One Family Residence District to R-2 One Family Residence District. The petitioners also propose to re-plat the existing parcels to form two (2) new lots for the purpose of constructing a new single family residence on each lot in the future. Although the parcels are currently not serviced by public utilities, water and sewer are available to the property. An eight-inch (8") water main runs along Gawne Lane and continues west and north along Worsley to Main Street, and a sanitary sewer line is located on Gawne Lane with connection available at an existing manhole near the northwest corner of the existing Lot 6 (proposed Lot 2). However, in 2008 the City entered into an agreement with the property owner to waive any future sewer and water connection fees in exchange for a grant of a 25 foot easement recorded as Doc. #200800024713 in Kendall County(refer to attached). Rezoning Request Staff has analyzed the existing land uses and zoning surrounding the subject property in consideration of the proposed rezoning from R-1 One Family Residence District to R-2 One- family Residence District. The following chart provides details of those land uses: Existing Zoning Existing Land Use Comments Residential Approx. 20'paved alley between the North R-2 One-Family Residence subject property and the single-family residences to the north. South R-1 One Family Residence Residential Single-family dwellings located at 102 & 105 Worsley Street. East R-1 One Family Residence Undeveloped Undeveloped heavily wooded parcel. West R-3 General Residential District Residential Residential property located at 412 E. Main Street.Heavily wooded parcel. As indicated in the chart above and illustrated on the attached map, the properties within the immediate area surrounding the subject parcel are zoned as residential land uses within either the R-1, R-2 or R-3 districts. The properties immediately to the north are zoned R-2, same as proposed by the petitioner; further, the proposed R-2 zoning of the subject parcel creates an appropriate transition from higher intensity multi-family R-3 zoning to the west and lower intensity R-1 single family to the south and east. Bulk Requirements Since the proposed rezoning request contemplates the future construction of a single family residence on the requested resubdivided lots, a detailed review of the R-2 One Family District bulk regulations was conducted to analyze compliance with the proposed re-platted lots. The following R-2 bulk regulations will apply: • Minimum lot size requirement of 12,000 square feet; Each proposed new lot is approximately 16,000 sq. ft. Complies • Minimum lot width requirement of 80 feet when served by public utilities; Each proposed new lot is in excess of 100 feet in width at the building setback line. Complies • Maximum lot coverage of 30%; Shall comply • Maximum building height of thirty feet (30') and no more than 2.5 stories, whichever is less; Shall comply • Minimum required front yard setback of thirty feet(30'); Complies • Minimum required side yard setback of ten feet (10') or ten percent (10%), whichever is greater; Complies • Minimum rear yard setback of thirty feet (30') feet. Complies Comprehensive Plan The property is located within an area designated as "Traditional Neighborhood" within the 2008 Comprehensive Plan. The character for the Traditional Neighborhood designation is residential with anticipated infill development. Preliminary & Final Plat Attached is the proposed Final Plat of Subdivision for the two (2) new R-2 One Family Residential zoned lots. The plan has been reviewed by the City's engineering consultant for compliance with the Subdivision Control Ordinance's Standards for Specification. In that regard, the following comments have been provided to the petitioner in a letter dated September 30, 2011 (see attached): • The adjacent right-of-ways need to be dimensioned. • The type and size of the monuments to be set need to be described and the locations shown. • The most current easement provisions and certifications should be utilized. • The City Engineer's and Clerk Certificates should be added. • The Owner's Certificate should be corrected. • The drainage and grading certificate should be removed. Sidewalk/Trail Requirement Additionally, the requirement for the installation of a sidewalk along the frontage of each property may be waived in lieu of cash donation to the City's Trail Bank per the provision of Ordinance 2010-30 (see attached), should the developer be inclined to do so. Staff Recommendation: Based upon the existing surrounding land use and zoning, as well as the compliance with the bulk regulations of the proposed R-2 One Family Residence District depicted in the Final Plat, staff recommends approval of the requested rezonink and Preliminary & Final Plat subject to comments by the City's enzineering consultant in a letter dated September 30, 2011. Findings of Fact: In considering rezoning requests, the Zoning Ordinance requires the Plan Commission to make findings based upon the evidence presented to it in each specific case with respect to the following matters: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11-4-1976) Additional factors to be considered for an amendment to a zoning ordinance as determined by the `LaSalle' and `Sinclair' cases should also be considered. These factors are as follows: 1) The existing uses and zoning of nearby property; 2) The extent to which property values are diminished by the particular zoning restrictions; 3) The extent to which the destruction of property values of plaintiff promotes the health, safety, morals, and general welfare of the public; 4) The relative gain to the public as compared to the hardship imposed upon the individual property owner; 5) The suitability of the subject property for the zoned purposes; 6) The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property; 7) The community need for the proposed use; and, 8) The care with which the community has undertaken to plan its land use development. a a N r 7 10 0S 0 N N 43 0 'r United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 tip Fax: 630-553-3436 PC# APPLICATION &PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST Development Name: Date of Submission: August 18, 2011 Requesting: (]Annexation )]Zoning 0 Planned Unit Development [] Special Use: 1. Name of Petitioner(s): Verne Henne and Steven and Dawn Friel Address: PO Box 51, Yorkville, IL 60560 Phone Number: 630-55395203 Fax Number: 630-553-5582 Email Address: Relationship of Petitioner(s)to subject property: []Owner 0 Developer Wontract Purchaser 2. Name of holder of legal title, if different from#1: Steven and Dawn Friel If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: NIA 3. a). (i). Street address and physical location of subject property: Worsley Road and Gawne Lane (ii). Zoning of surrounding parcels: North: R-2 South: R-1 East: R-1 West: R-3 b). Legal description of property;attach as Exhibit"A". c). Total Acreage: 150 x 214 d). Kendall County Parcel Number(s)of property: 02-33-129-009 e). Current Zoning Classification: R-1 f). Zoning Classification Requested: R-2 g). Is this property within City limits? X Yes No, requesting annexation United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.09 44 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit"B". 5. List all governmental entities or agencies required to receive notice under Illinois law: 6. List the Illinois Business Tax Number(IBT#)for the State of Illinois and names of businesses located on subject property to be annexed: N/A 7. Does a flood plain exist on the subject property? NIA 8. Do Electors reside on the subject property? N/A If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Law of Offices Daniel J. Kramer, 1107A. S. Bridge Street,Yorkville, IL phone:630-553-9500, fax:630-553-5764, dkramer @dankramerlaw.com Attorney: Name: Daniel J. Kramer Address: 1107A S. Bridge Yorkville, IL 60560 Phone Number: 630-553-9500 Fax Number: 630-553-5764 Email Address: 0:9l >,@Dior�fttarlaw.com Engineer: Name: Address: Phone Number: Fax Number: Email Address: Land Planner: Name: Address: Phone Number: Fax Number: Email Address: United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1.29.69 45 10. Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 35 copies. b. Appropriate filing fee(Please refer to page 4 of this application to"Petitioner Route, Step 1, Fees"and/or contact the Community Development Department for verification of this amount.) c. Concept or Preliminary Site Plan:35 sets folded to fit in a 10"x 13"envelope. d. One CD containing one electronic copy(pdf)of each of the signed application (complete with exhibits)legal description, and site plan. In witness whereof the following petitioners)have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: y` a 7- 11 Petitions Signature: (All legal property owners'signatures must appear"on thi application.) C Subscribed and sworn to before me this day of r�: ,20R_�_. "O:11!ublic,AL SEAL" Notary Seal JENR WILSON Notar State of IIIinois My co MUST BE NOTARIZED. 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Name of Petitioner(s): Verne Henne and Steven and Dawn Friel Address: PO Box 51, Yorkville, IL 60560 Phone Number: 630-553-5203 Fax Number: 630-553-5582 Email Address: 2. a). Street address and physical location of subject property: Worsley Road and Gawne Lane b). Legal description of property; attach as Exhibit"A". c). Total Acreage: 150 x 214 3. Contact Information: Name, address,phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Law Offices of Daniel J. Kramer, 1107A S. Bridge Street, Yorkville Attorney: Name: Daniel J. Kramer Address: 1107A S. Bridge Street, Yorkville, IL 60560 Phone Number: 630-553-9500 Fax Number: 630-553-5764 Email Address: dkramer @dankramerlaw,com United City of Yorkville Preliminary/Final Plat Application Revised:_1.29.09 i 27 Continued—3. Contact Information Engineer: Name: Jim O l son Surveyor Address: Phone Number: 630-553-0050 Fax Number: 630-553-0964 Email Address: Land Planner: Name: Address: Phone Number: Fax Number: Email Address: 4. Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee(Please refer to Page 3 of this application"Petitioner Route, Step 1,Fees" and/or contact the Community Development Department for verification of this amount). c. To begin the review process,the initial submittal must consist of- 1. 12 sets of Preliminary Plans/Final plats folded to fit in a 10"x 13"envelope 2. 7 sets of Landscape Plans folded to fit in a 10"x 13"envelope 3. 7 sets of Preliminary/Final Engineering folded to fit in a 10"x 13"enveloped. d. One Ca containing one electronic copy(pdf) of each of the signed application (complete with exhibits), preliminary plan or final plat, landscape plans, engineering plans. Within one week of receipt of submittal,the Engineering Department will determine if it is complete or if additional information is needed. Once the submittal is complete, the plan council meeting date will be scheduled for the next meeting that is 6 weeks from this date. One weekprior to your scheduled Plan Council meeting,you will be required to submit 15 full size preliminary/final site plans for the packets distributed to the members. United City of Yorkville Preliminary/Final Plat Application Revised:_1.29.09 28 In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct. Date: Z/-a -)-// Petitioner(s) Signature: (All legal property owners signatures or their authorized agents(i.e.Planner, Petitioner's Attorney,Engineer)must appear on this application.) -�'a /�7- Subscribed and sworn to before me this A7 day of V-1, J{ , 200- -LL. ^OFFICIAL SEAS" A JENNIFER WILSON Notary Seal Natary Public,State 901"no>s 14 THIS APPLICATION MUST BE NOTARIZED. United City of Yorkville Preliminary/Final Plat Application Revised:_1.29.09 i 29 PRELIMINARY PLANXINAL PLAT PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees* and all pertinent materials to the Community Development Department a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation,Illinois Department of Natural Resources,U.S. Army Corps of Engineers, etc., to allow timely review by City. *Fees: 1. Preliminary Plan Fee- $500/Final Plat Fee- $500 a. Engineering Review Fees- 1.25% of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer. b. Engineering Review Deposit-up to 1 acre=$1,000; over 1 acre but not over 10 =$2,00 over 10 acres, but not over 40 =$5,000 over 40 acres,but not over 100= $10,000 over 100 acres=$20,000 c. Deposit for Outside Consultants- under 2 acres=$1,000 2 to 10 acres= $2,500 over 10 acres=$5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs,public hearing costs including a written transcription of public hearing and outside consultant costs(i.e. legal review, land planner, zoning coordinator, environmental,etc.). Should Owner/Developer not pay these fees directly,they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Plan Council meets the 2nd and 4'h Thursday of the month at 9:00 a.m. in the city conference room. Upon recommendation by the plan council,you will move forward to the Plan Commission Meeting. Attendees to this meeting include: Community Development Director, City Engineer,Building Department Official, Public Works Director, Director of Parks and Recreation, Fire Department Representative, and Police Department representative. Step 3: For Preliminary Plans only;Park Board planning meeting: The Park Board makes recommendations on any Park Sites included in the development. The Park Board planning meeting is the 4a' Thursday of each month at 7:00 p.m, at the Riverfront Building, 201 W. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the 2nd Wednesday of each month at 7:00 p.m. in the Yorkville public library at 902 Game Farm Road. The Plan Commission will make a recommendation for the City Council's consideration. The Plan United City of Yorkville Preliminary/Final Plat Application Revised:_1.29.09 31 CHECK LIST FOR PRELIMINARY PLANS SECTION 1: WRITTEN DOCUMENTS 1. A land use application containing the following: Not Applicable Acceptable Deficient A. A statement of planning objectives to be achieved by the plan B. A time schedule of the proposed development of the area covered by such preliminary plan C. Exceptions or variations to City Zoning or Subdivision Ordinances being requested as part of the plan,including the specific section of the Ordinance. 2. A boundary survey of the area covered by such preliminary plan, prepared and certified by a registered Illinois surveyor. SECTION 2: GENERAL PLAN INFORMATION I. A rendered outline of the area covered by such preliminary plan drawn at a scale of not less than 1 inch equals 100 feet. 2. The plan must contain the following information: A. Scale B. North Arrow C. Original and Revised dates —��'- D. Name and address of owner of record E. Name and address of site plan designer F. Current zoning of the property G. All categories of proposed land use 3. The following information regarding contiguous property: A. Location of contiguous property B. Zoning of contiguous property C. Land use of contiguous property 4. The following site data provided in the lower right corner: A. Size of property in square feet or acres B. Square footage and percent of site coverage with buildings C. Square footage and percent of site coverage with pavement D. Number of parking spaces to be provided E. Number of parking spaces required by zoning ordinance F. Number of proposed buildings/dwelling units/lots SECTION 3: PLAN DATA REOUIREMENTS 1. A site location map. 2. Dimensions of the property. 3. A topographical survey of the area covered by such preliminary plan at two-foot contour intervals drawn at not less than one inch equals one hundred feet. 4. A detailed plan for the treatment of any proposed storm water detention or retention facilities. 5. Existing or proposed public roads,streets,and alleys,including classifications,width of right-o£--way and paved surfaces,and existing and proposed sidewalks. United City of Yorkville Preliminary/Final Plat Application Revised:_1.29.09 32 6. Dimensioned building setbacks,and as applicable;areas for off-street parking,trucking maneuvering and service,and open space/recreational facilities. 7. A schematic of existing or proposed public utility systems,including the size of sanitary sewers,storm water lines,&streetlights. 8. Existing vegetation and plantings. 9. Any other information required by the City,to clearly show the proposed site plan elements. CHECK LIST FOR FINAL PLANS SECTION 1: WRITTEN DOCUMENTS 1. A land use application containing the following: Not Applicable Acceptable Deficient A. A statement of planning objectives to be achieved by the plan. B. A development schedule,indicating the approximate dates for construction of the Final Plan. C. Petitioners proposed covenants,restrictions,and conditions to be established as part of the Final Plan, D. Exceptions or variations to City Zoning or Subdivision Ordinances being requested as part of the Final Plan,including the specifics of the Ordinance. SECTION 2: GENERAL PLAN INFORMATION 1. Must be drawn to accurate engineering scale. 2. Must contain the following information: A. Scale B. North Arrow C. Original and revised dates D. Name and address of owner of record E. Name and address of site plan designer 3. The following information regarding contiguous property: A. Location of contiguous property B. Zoning of contiguous property C. Land use of contiguous property a. Site data to be provided in lower right hand corner: A. Legal Description B. Size of property in square feet and acres C. Current Zoning D. Square footage&percent of site coverage with buildings E. Square footage&percent of site coverage with pavement F. Square footage&percent of site coverage with landscaping G. Number of parldng spaces required by zoning ordinance H. Number of parking spaces to be provided I. Number of buildings J. Number of dwelling units K. Breakdown of dwelling unit bedroom types United City of Yorkville Preliminary/Final Plat Application Revised:_1.29.09 33 5. Landscape data to be provided in lower left hand corner: A. Number of plantings by type B. Size of plantings at installation C. On-center spacing for hedges(Should be 3 feet apart) D. Caliper size of all trees at installation SECTION 3: PLAN DATA REQUIREMENTS . Dimensions of property. 2. Existing and proposed public and private streets,right-of-ways,driveways,all principal and accessory buildings and their uses,dimensioned building setbacks,lot sizes,sidewalks,off-street parking,service areas,open spaces,and recreation facilities. 3. Preliminary architectural plans for all residential buildings,in sufficient detail to show basic building plan. 4. The existing and proposed vehicular and pedestrian circulation systems,indicating their inter-relationship and proposed treatments of points of conflict. 5. Existing and proposed utility systems,including sanitary sewers,water,electric,gas,telephone,and cable television lines,including their sizes. 6. Proposed public and private lighting systems. 7. Existing and proposed easements for utility services. 8. Proposed signage,indicating location and size. 9. Existing vegetation and plantings. 10. Proposed berming and fencing. It The location and size in acres or square feet of all areas to be conveyed,dedicated,or reserved as common open space,public parks,recreational areas,school sites,and similar semi-public uses. 12. Any other information necessary to clearly show the proposed site plan elements. United City of Yorkville Preliminary/Final Plat Application Revised:_1.29.09 i 30 Commission consists of 10 members appointed by the Mayor, the City Attorney and City Land Planner. Step 5: The project will be discussed in an informal atmosphere at the Economic Development Committee meeting, held the first Tuesday of each month at 7 P.M. in the City Council chambers. This session is to discuss and consider recommendations of prior committee meetings. Step 6: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. If this project has included an annexation and/or zoning petition, a Public Hearing will be held at this time with notice given by publication. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Prior to the recording of the final plat,the petitioner must pay the Administration Fee. This is equal to 1.25% of the approved engineer's 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 associations such as private storm sewer, parking areas, and trails. Step 8: Final Plat recording instructions: Once the final plat is approved by the City Council and all required documents,bonds,and letters of credit are submitted to the city, the final plat may be recorded with Kendall County. Submit the final plat mylar to the Deputy Clerk.for signatures. When all city signatures are in place,the developer or his surveyor may take the mylar to the Kendall County Clerk for his signature. The next step is to have six paper prints made and return to the Kendall County Recorder's office for recording. Kendall County requires the mylar and four paper copies. The City of Yorkville requires that you submit two recorded paper copies to the Deputy Clerk. Any copies you may require would be in addition to these. Agreement:. I understand and accept all requirements, fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return(retaining a copy for your records)to the Deputy Clerk,United City of Yorkville, 800 Game Farm Road,Yorkville,Illinois 60 14L3-7 Date Signature of Petitioner United City of Yorkville Preliminary/Final Plat Application Revised:_1.29.09 Legal Description Lots 4, 5, and 6 in block 2 of Worsley's Addition to the Village of Bristol, in the Village of Yorkville,Kendall County, Illinois Swb of Mew la.el Mlfrie! dh..Nrw�jr'sLreaPyFw bra An *WA L.M 9..yv bkMrRrb r1pb�s+l J !L mi AsebLr.LM.abd Avenhay �s l d wr f h Aatt �I.+.�M1 r��Mdh�r LaMw qy ML 1Wi A��py��IUrY r�M by /7Y� w�Miff,Irw�Iwo rIM-.0./nrw! 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'yoy-Xvl'u-6, 1L loo5c�o _ L t; ate.. =.�.'• 9 e i Q Y' CITY of YORKVILLE County Seat of Kendall County Yorkville,Illinois 605BO 312.553-6222 TO: Steve Friel NOW COMES THE United City of the Village of Yorkville who does hereby agree that in consideration of the grant of a 25 foot easement for purposes of a storm sewer and maintenance thereto, does hereby agree to waive City sewer and water hook-up fees, and in addition thereto to waive any cost for a City sewer and water hook-up should the above-named person or his successors, heirs and assigns in ownership to his real property desire to hook on to the City sewer and water lines. The parties further agree that the City shall, at City expense, acquire a legal description For the easement and prepare a grant of easement which shall be executed by the above-named person:- upon presentation by the United City of the Village of Yorkville. IN WITNESS WHEREOF, the undersigned parties have accepted the terms of this agreement, this day of June, 1988. ROBERT E: DAVIDSON, J ayor er 6 s , J. LEGAL DESCRIPTION Parcel 2 That Part of Lot 6 to Block 2 or Norsley's Addition to the Village of Bristol in the City of Yorkville, Kendall County. Illinois, lying 12.50 feet each side of a center line which begins on the northerly line of said Lot 6, d distance of 29.91 feet (measured along said northerly line) westerly of the Northeast corner of said Lot 6, and which ends on the southerly line of said Lot 6, a distance of 20.27 feet (measured along said southerly line) westerly of the Southeast corner of said Lot 6, and containing U.Utd6 acres. J I I I � 1 I sari I a % q �j Is I 1 �• �' � I rnr�eJS" A� r y � vifQ IkOti1 I I Fox Rig Plain I ry� . �♦�a ~ t•! � •rP 1 elf �_. I usI• I Md'- 1 I . i1 ,a9i Zt. Iri ,;, 1 ,lS=-1 I � Fox R` PLAT TO ACCOMPANY EASEMENT SECTION 33, TOWNSHIP 37 -NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN SCALE: 1 1 1 A 0 I 1 OFD 5 � 1 ORS , fl 4 a , 6 T R A a T IA - f (P AREN T TRACT) 1 7 f f ! 9 B f 7 TRAC B 15' Wf E PERMANENT EASEMENT EXHIBIT A WALTER E. DEUCHLER ASSOCIATES, INC. 5"E .1 G'on�sultznq fngineers — Aurora, Alinotis °F 2 REVISIONS PERMAMENT WATER MAIN EASEMENT CAD DWG: \YV\O508a—qq\FR1EL—ESMT.OWG DESIGNED JWF PROVED PFM DGK Jpg Nl1Ea6ER GRANTED BY STEVEN & DAWN FRIEL DRAWN JWF DATE as/z4/q� SCALE I.-,d. 788/05084/OQ TO THE UNITED CITY OF YORKVILLE, ILLIA[L OIS Engineering Enterprises, Inc. September 30, 2011 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 600 Game Farm Road Yorkville, IL 60560 Re: Worsley's Resubdivision United City of Yorkville Kendall County, Illinois Krysti, We have received the plans prepared by James M. Olson Associates, LTD. Our review of these plans is to generally determine the plan's compliance with United City of Yorkville ordinances and whether the improvements will conform to existing City systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in-depth quality as$urance review. We cannot and do not assume responsibility for design errors or omissions in the plans. As such, we offer the following comments: 1. The adjacent right-of-ways need to be dimensioned. 2. The type and size of the monuments to be set need to be described and the locations shown. 3. The most current easement provisions and certificates should be utilized. 4. The city engineer's and city clerk certificates should be added. 5. The owner's certificate should be corrected. 6. The drainage and grading certificate should be removed. Road,52 Wheeler Sugar Grove, 60554 (6 30)466-6700 • 1 466-6701 fax —www.eeiw'• • Ms. Krysti Barksdale-Noble September 30, 2011 Page 2 of 2 If you have any questions or require additional, information please call our office. Respectfully submitted, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President BPS/dm PC: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk JWF, EEI \\Phobos\EEI_Storage\Docs\Public\Yorkville\2011\YO1142-D Worsley's Resubdivision\Docs\lcofy-plan review01.doc Ordinance No. 2010-—so ORDINANCE REGARDING A POLICY AND PROCEDURE TO CREATE A FUNDING MECHANISM FOR SIDEWALK, TRAILS AND PATHS WHEREAS, pursuant to Ordinance No. 2009-48, the Mayor and City Council of the United City of Yorkville(the •'Col f)orate Authorities"} adopted the Integrated Transportation Plan which calls for the construction of regional and local trails and bike paths throughout the City; and, WHEREAS, construction of said trails and bike paths requires significant funding; and, WHEREAS, new construction of homes and businesses include a requirement for the construction of public sidewalk along their frontages of public roadways, however all of such new construction is not in areas where sidewalk is either practical or beneficial to the general public; and, WHEREAS, in certain instances, it is in the best interest of the citizens of the City to permit the requirement for sidewalks to be waived in consideration of providing funding for trails and bike paths as hereinafter set forth. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois: Section 1. Upon review of a proposed development, the City Administrator shall deternine if a sidewalk is not practical or beneficial at the location of proposed new construction. Properties within larger plarmed developments previously approved by the City Council shall not be considered. Section 2. Upon making said determination, the Community Development Director shall notify the owner/developer of the finding and waive the requirement for sidewalk at that location subject to payment of an amount equal to the amount which would have been required for construction of said sidewalk servicing the new construction to fund local trails and bike paths. Section 3. Owner/developer shall have the option of constructing a sidewalk across the frontage of the property being improved or transferring an amount equal to the cost thereof to the City for trail or bike path projects. The City shall have the right to require that the owner/developer construct the sidewalk across their property's frontage if the amount due to the City is not paid or cannot be agreed upon. Section 4. All funds are to be deposited in a separate account and are to be used only for the purpose of acquiring easements, design, or construction of trails or bike paths at locations deemed beneficial to the public. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, thisc-�a day of , A.D. 2010. IL e ROBYN SUTCLIFF GEORGE T. GILSON, JR. ARDEN,IOE PLOCHER � DIANE TEELING GARY GOLINSKI � MARTY MUNNS ROSE SPEARS � WALLY WERDERICH APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this C2)211_day of , A.D. 2010. Mayor Cpl 0 Memorandum EST. -� 1836 To: Plan Commission -�� From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: November 4,2011 Kendae t°unTy <LE ��v Subject: PC 2011-08 Autumn Creek—PUD Amendment& Resubdivision of Unit 1A Final Plat Petitioner Request/Background: In April 2005, the Autumn Creek Subdivision was granted annexation and PUD approval to construct a total of 575 residential dwelling units, which included 317 single family units and 258 townhome units. Currently, 136 single family and 134 townhomes for a total of 270 units in the Autumn Creek Subdivision have been constructed. However, in July 2010, the petitioner sought and was granted approval for an amendment to the original annexation and PUD agreement. As part of the amended PUD agreement, the City agreed to consider a revision to the Unit IA Final Plat to permit single family housing rather than the originally planned townhomes on the remaining un-built lots as long as there was no increase in density for the overall development. Since that time, Pulte has researched the housing market trends and change in product demand, and is now ready to proceed with formal PUD and Final Plat amendment approval to reflect the proposed new single family housing product to be constructed on the re-platted lots. Proposed Final Plat Amendment: The proposed 10.4-acre re-platted area of the Unit IA Final Plat of Subdivision consists of 34 new single family lots along Crimson Lane and Sage Court located generally south of Kennedy Road and west of U.S. Route 34 (see attached) near the center of the Autumn Creek development. The initially approved plan depicted 24 multi-family (townhome) lots consisting of 107 units. The following comparison table details the change in density (dwelling units per acre) within this area of the development based on the existing and proposed plans: #of Dwelling Lots(Units) Net Area Density(du/ac.) EXISTING 24 multi-family lots(107 units) 13.07 Ac. 8.19 du/ac. PROPOSED 31 single-family lots(31 units) 13.07 Ac. 2.37 du/ac. % Change Difference of 76 units(f30%Less) ---- Difference of 5.82 du/ac. (±30%Less) As anticipated, the change in density is approximately 30% less in the proposed re-platted single family plan than the existing townhome plan. Also, the proposed single-family lots generally comply with the bulk regulations (area, setbacks, lot coverage, etc.) established for R-2 zoned residential parcels in the original annexation and PUD agreement for Autumn Creek. Bulk Requirements Per Exhibit "E" paragraph B of the original Autumn Creek annexation agreement (Ord. No. 2005- 25), the following Residential Parcel Parameters and Variations are permitted: 1. Lot sizes in the R-2 District may be less than the 12,610 square feet minimum, but shall be at least 10,000 square feet; proposed plans are compliant with the median lot size being approximately 14,402 square feet with Lot 22 having the smallest total area of approximately 10,218 square feet. As a result of the replatted lot configuration,lots 8, 11 and 12 arc unbuildable. 2. Lot widths in the R-2 District may be less than the 80 feet minimum,but shall be at least 70 feet; proposed plans illustrate compliance with the provision as lot width is measured at the building setback line. Engineering The proposed Final Plat has been reviewed by the City's engineering consultant for compliance with the Subdivision Control Ordinance's Standards for Specification. Comments dated October 23, 2011 were provided to the Petitioner (see attached) and revised plans were provided to Staff for review with the requested revisions and/or explanation in a letter dated November 1,2011, as attached. Landscaping Staff has reviewed the proposed Landscape Plan and offers the following comments: • "Autumn Blaze Maple" is not an approved parkway tree species and must be substituted with an approved variety or different species. • The "General Notes" section of the Landscape Plan must state that all trees are to be grown in Northern or Central Illinois. Fiscal Impact Analysis: During the negotiations prior to the 2010 annexation and PUD agreement amendment, Staff expressed concern regarding the potential increase in Homeowner Association (HOA) and/or Special Service Area (SSA) payments to the current property owners in Autumn Creek due to the potential decrease in rooftops. Therefore, a provision in the amended agreement required the petitioner to provide a fiscal analysis comparison of the annual HOA assessment and SSA fee between the currently approved unit mix and the proposed unit reduction to demonstrate the requested re-platting would not negatively impact the homeowners. Attached is a fiscal analysis prepared by the petitioner regarding the Special Service Area No. 2005-108. As of tax year 2010, the SSA levy per single-family dwelling unit was $2,091.00 and $1,778.00 for townhome dwelling. Had the proposed conversion of 107 townhome units to 31 new single-family units been approved in tax year 2010,there would have been a net-neutral effect to the amount levied to the property owners with single-family and townhome owners' payments remaining the same. Staff understands that Pulte is proposing to "front-fund" or pre-pay the remaining SSA balance for Unit lA only in the amount of approximately $1.77 million dollars. Since the City Council is scheduled to adopt the 2011 abatement ordinance for this SSA in December 13, 2011, the special tax will be collected by the county in 2012 for the previous tax year. Should any future buyer pay the 2011 special tax, Pulte will refund the property owner upon confirmation of payment from Kendall County. According to the City's Bond Counsel, Peter Raphael of William Blair& Company, there should be no negative impact to the existing homeowners due to the proposed re-platting and pre-payment of the SSA. Finally, Pulte confirms that the HOA assessments will also not be impacted by the proposed re-platting. The attached spreadsheet illustrates the current 2011 budget and 2012 budget for the Autumn Creek Homeowners' Association will remain the same at approximately $96K. Since the developer has not turned over the HOA to a resident board, Pulte remains "declarant" for the HOA and responsible for any budget shortfall resulting from undeveloped lots. Further, it is anticipated there will be a 1% decrease in per-house HOA contribution, according to the property management service, due to a recalculation of capital reserve requirements. Staff Recommendation: Based upon the findings of the Fiscal Impact Analysis, as well as the compliance with the bulk regulations of the existing Autumn Creek PUD Agreement for R-2 One Family Residence District depicted in the Final Plat,staff recommends approval of the requested Preliminary &Final Plat subject to comments by City staff rozardink revisions to the landscape plan. i c,,.. United City of Yorkville zs 800 Game Farm Road ' Yorkville, Illinois 60560 �9 : rte c Telephone: 630-553-4350 `"°' •� Fax: 630-553-7575 1E � P PC# APPLICATION & PETITION TO AMEND ANNEXATION or PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT Development Name: Aurt)nMN Cj266C Date of Submission: 1. Name of Petitioner(s): ? /2 ry0 Individual SS# or Company Tax ID#...3 A- IS 11.150 Oct Address: (Q® / H O 5;L(. R0A 7), Srr (noo SrAjAdM? [L) -rc (2014f Phone Number: 31 -a 3a- SN00 Fax Number: 2, -a 3D - S Email Address: - K4. 1 ,A >� U4 COM Relationship of Petitioner(s)to subject property: Owner []Developer o Contract Purchaser 2. Name of holder of legal title, if different from#1: 154 As k5 A4 Rove, If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: 3. a). Street address and physical location of subject property: _SA-�t C®(1R7 Ckr,�ks&V 1,4AI67 b). Legal description of property; attach as Exhibit"A". c). Total Acreage: 13, ® "7 d). Kendall County Parcel Numbers)of property: Ore e). Current Zoning Classification: R°off lk-3 ?LID f). Zoning Classification Requested if changing zoning: gwg Page 15 of 5 United City of Yorkville Amend Annexation/PUD Application Revised: 9.14.09 16 4. Names and addresses of any adjoining or contiguous landowners entitled to notice of petition under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit"B".) 5. Date of Annexation or PUD Agreement sought to be amended: / ,mot ,,"W-7 t Name of Agreement: Ario.0&N,tgce! �r ANA(�[4wm I ,yaNl twVr J4 ttMfAT(A ^dzfEc Date of Recording: . UIV F I, BOOS S-UIN"ruo ul Attach a true and correct copy of agreement as Exhibit"C". 1 6. State the items to be amended from the existing annexation or PUD agreement. kit Sf99 70 MOa-,FY -rw IA, af.- Aa-y ?(JD ?c,4N [//&ff^wz 4S hRE &WnkMAL 24 AMrn '1/12 To Low A&2r-my&r kw*Ckarr-—Umrr 1 co o3,WN 0X 3, o S ,-)rD A&DDeyrcearO iok S,rjw -Agosrcy LerS P-Aeri R 'r*.4.q TuV9 46444, [.O rS. 7. Contact Information: Name, address, phone number,fax number, and email address of person to whom inquiries regarding this petition may be directed: -�A><lr 7AA73 LAkb AcP,a&,P rwd Mtn 2&rr4Ae-5 &OI N,kosacE 570ioo NAtwt?r�/� S��rF' B4?-a30- moo; Ffr, ?W-ak S'/�S \Aer N43P-jir,COnA Attorney: Name: N icT //-p�A Address: 3 00 S. L�✓�4C�c�i2 STL 3SoD �J L 60� Phone Number: )Q-t/6j- c/3I x Fax Number: 3/dT- Email Address: M PSLAW,COM Engineer: Name:Koi (luaa /MP- ZuC Address: GS/ &kMa?M.1 1-Dk , ST/yg, CV G� ;-t_ 40SVID Phone Number: 430-SS 2-75,6�_ Fax Number:420 C14 Email Address: I .Jj4JL� 14R k&C--W, cew Land Planner: Name: Address: Phone Number: Fax Number: Email Address: Page 16 of 5 United City of Yorkville Amend Annexation/PUD Application Revised: 9.14.09 17 9. Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b.Appropriate filing fee(Please refer to page 4 of this application"Petitioner Route, Step 1, Fees and/or contact the Community Development Department for verification of this amount). c. Site Plan (if necessary): 40 sets folded to fit in a 10"x 13"envelope d. One CD containing PDFs of the signed application,exhibits and site plans. The legal description and amendment(draft)documents should be in word.doc format. In witness whereof the following petitioner(s)have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: 0 1-7 f abyl eti one s) Si natur : (All legal property owners of recorrdd signatures must appear on this application.) -(V9L Yd GTE 4n Ae S Subscribed and sworn to before me this_j7° day of 1�/G��.� 20§1_Ll_. Notary Seal THIS APPLICATION MUST BE NOTARIZED. ENOTARY wwCIAL SEAL E M BOW ERS IC-STATE OF ILLINOIS ION EXPIRES:070/13 Page 17 of 5 United City of Yorkville Amend Annexation/PUD Application Revised: 9 14.09 EXHIBIT A THAT PART OF AUTUMN CREEK UNIT 1, BEING A SUBDIVISION OF PART OF THE SOUTH HALF OF SECTION 15 AND PART OF THE NORTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, PER DOCUMENT NUMBER R200600000144 RECORDED JANUARY 3, 2006 AND AMENDED BY CERTIFICATES OF CORRECTION AS DOCUMENT NUMBER R200600009685, RECORDED APRIL 3, 2006, DOCUMENT NUMBER R200600016609, RECORDED JUNE 5, 2006, AND DOCUMENT NUMBER R200700004498, RECORDED FEBRUARY 6, 2007, ALL IN KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERN MOST CORNER OF LOT 112 IN SAID SUBDIVISION; THENCE SOUTH 50 DEGREES 05 MINUTES 46 SECONDS WEST 20.00 FEET; THENCE SOUTH 48 DEGREES 19 MINUTES 30 SECONDS WEST 88.83 FEET; THENCE SOUTH 43 DEGREES 18 MINUTES 43 SECONDS WEST 90.66 FEET; THENCE SOUTH 38 DEGREES 10 MINUTES 57 SECONDS WEST 90.66 FEET; THENCE SOUTH 33 DEGREES 03 MINUTES 11 SECONDS WEST 90.66 FEET; THENCE SOUTH 27 DEGREES 55 MINUTES 24 SECONDS WEST 90.66 FEET; THENCE SOUTH 22 DEGREES 47 MINUTES 39 SECONDS WEST 90.66 FEET; THENCE SOUTH 17 DEGREES 39 MINUTES 54 SECONDS WEST 16.14 FEET; THENCE SOUTH 53 DEGREES 53 MINUTES 13 SECONDS WEST 57.66 FEET; THENCE NORTH 72 DEGREES 08 MINUTES 11 SECONDS WEST 149.94 FEET; TO A POINT OF CURVE SAID CURVE BEING CONCAVE EASTERLY HAVING A RADIUS OF 1217.00 FEET AND A CHORD THAT BEARS SOUTH 15 DEGREES 36 MINUTES 28 SECONDS WEST 95.81 FEET THENCE SOUTHERLY ALONG SAID CURVE 95.83 FEET; THENCE SOUTH 81 DEGREES 47 MINUTES 29 SECONDS EAST 178.11 FEET; THENCE SOUTH 15 DEGREES 24 MINUTES 07 SECONDS WEST43.16 FEET; THENCE SOUTH 08 DEGREES 09 MINUTES 02 SECONDS WEST 86.11 FEET;THENCE SOUTH 05 DEGREES 39 MINUTES 48 SECONDS WEST 83.97 FEET; THENCE NORTH 87 DEGREES 30 MINUTES 37 SECONDS WEST 209.24 FEET TO A POINT OF CURVE SAID CURVE BEING CONCAVE EASTERLY HAVING A RADIUS OF 1250.00 FEET AND A CHORD THAT BEARS SOUTH 02 DEGREES 20 MINUTES 39 SECONDS WEST 6.35 FEET THENCE SOUTHERLY ALONG SAID CURVE 6.35 FEET; THENCE NORTH 87 DEGREES 48 MINUTES 05 SECONDS WEST 224.86 FEET; THENCE NORTH 32 DEGREES 03 MINUTES 49 SECONDS EAST 51.72 FEET; THENCE NORTH 06 DEGREES 55 MINUTES 12 SECONDS EAST 183.37 FEET; THENCE SOUTH 83 DEGREES 03 MINUTES 49 SECONDS EAST 169.50 FEET; TO A POINT OF CURVE SAID CURVE BEING CONCAVE EASTERLY HAVING A RADIUS OF 1283.00 FEET AND A CHORD THAT BEARS NORTH 14 DEGREES 33 MINUTES 19 SECONDS EAST 124.14 FEET THENCE NORTHERLY ALONG SAID CURVE 124.19 FEET; THENCE NORTH 71 DEGREES 19 MINUTES 55 SECONDS WEST 46.17 FEET; THENCE NORTH 67 DEGREES 55 MINUTES 03 SECONDS WEST 149.49 FEET;THENCE NORTH 22 DEGREES 04 MINUTES 57 SECONDS EAST 188.61 FEET; THENCE NORTH 26 DEGREES 37 MINUTES 46 SECONDS EAST 75.18 FEET; THENCE NORTH 31 DEGREES 10 MINUTES 34 SECONDS EAST 159.58 FEET; THENCE NORTH 37 DEGREES 44 MINUTES 22 SECONDS EAST 9.35 FEET; THENCE NORTH 86 DEGREES 26 MINUTES 02 SECONDS WEST 92.66 FEET; THENCE SOUTH 49 DEGREES 50 MINUTES 38 SECONDS WEST 146.73 FEET; THENCE SOUTH 82 DEGREES 00 MINUTES 59 SECONDS WEST 63.33 FEET; THENCE NORTH 67 DEGREES 53 MINUTES 13 SECONDS WEST 128.03 FEET;THENCE NORTH 37 DEGREES 29 MINUTES 25 SECONDS WEST 71.36 FEET; THENCE NORTH 07 DEGREES 05 MINUTES 37 SECONDS WEST 122.51 FEET; THENCE NORTH 23 DEGREES 18 MINUTES 11 SECONDS EAST 69.72 FEET;THENCE NORTH 53 DEGREES 41 MINUTES 59 SECONDS EAST 129.63 FEET; THENCE NORTH 84 DEGREES 07 MINUTES 58 SECONDS EAST 199.49 FEET; THENCE SOUTH 89 DEGREES 58 MINUTES 56 SECONDS EAST 135.71 FEET; THENCE SOUTH 80 DEGREES 51 MINUTES 30 SECONDS EAST 37.60 FEET; THENCE SOUTH 71 DEGREES 44 MINUTES 05 SECONDS EAST 136.11 FEET; THENCE SOUTH 62 DEGREES 36 MINUTES 41 SECONDS EAST 37.60 FEET; THENCE SOUTH 53 DEGREES 29 MINUTES 14 SECONDS EAST 208.40 FEET; TO A POINT OF CURVE SAID CURVE BEING CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1250.00 FEET AND A CHORD THAT BEARS NORTH 49 DEGREES 23 MINUTES 37 SECONDS EAST 30.64 FEET THENCE NORTHEASTERLY ALONG SAID CURVE 30.65 FEET; THENCE NORTH 50 DEGREES 05 MINUTES 46 SECONDS EAST 40.76 FEET; THENCE SOUTH 39 DEGREES 54 MINUTES 14 SECONDS EAST 208.00 FEET;TO THE POINT OF BEGINNING; CONTAINING 13.07 ACRES OR 569,150 SQUARE FEET MORE OR LESS. RECK,JOSEPH G & IDA MAE AUTH, MICHAEL P&JEAN UNITED CITY OF YORKVILLE 8660 KENNEDY RD 8612 KENNEDY RD 800 GAME FARM RD Yorkville, IL 60560 Yorkville, IL 60560 YORKVILLE, IL 60560 MCDONOUGH,JAMES&ELLEN GROOMS,TODD A ROBERT&TERI EDWARDS 2561 EMERALD LN 2523 MADEN CT 2524 MADDEN CT YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 JONES, WILLIAM &ANNE EULALIO&VERONICA GARCIA JOSLIN, KENNETH& 1503 COLBALT DR 1507 COLBALT DR DISSANAYKE, MANINDRI YORKVILLE, IL 60560 YORKVILLE, IL 60560 2525 EMERALD LN YORKVILLE, IL 60560 MCDERMOTT&STRONG DAVID A& PAMELA KRAUSE SANDRA G & ENRIQUE CORTEZ 2511 EMERALD LN 2501 EMERALD LN 2475 EMERALD LN YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 MONTGOMERY SIEGFRIED, DAVID W&APRIL KUCALA, DANIEL M 2465 EMERALD LN 2478 EMERALD LN 2472 EMERALD LN YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 LAFFEY,TRAVIS& HEATHER BAUERLE, CHRISTOPHER S SANTORO& LUCEY 2468 EMERALD LN 2452 EMERALD LN 2448 EMERALD LN YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 MOGOS HEBERER,STEVE &CHRISTI HAGUE,JENNA L& MICHAEL E 2442 EMERALD LN 2438 EMERALD LN 2432 EMERALD LN YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 FUGETT&WOOD PARODI,SAMUEL& KATHLEEN ROBERTS, ERIC S&JILL R 2428 EMERALD LN 2412 EMERALD LN 2402 EMERALD LN YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 AGUIRRE, CESAR BECK FRACHEY, KIMBERLY 1539 CORAL DR 1545 CORAL DR 1555 CORAL DR YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 TERMAN,JASON & HEATHER BAUER, KYLE &JENNIFER POLLEY, MICHAEL 1563 CORAL DR 1567 CORAL DR 1571 CORAL DR YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 MCGUIRE&SCHULTZ JERDEE& KELLY DUGGAN,JAMES P 1577 CORAL DR 1581 CORAL DR 1593 CORAL DR YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 FORBES, ROBERT V KARDEKAR,ABHIJIT MORTIN, MIKELL& ROSALYN 1592 CORAL DR 1584 CORAL DR 1578 CORAL DR YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 GREAVES, MICHELLE BLACK&YOUNG FRANKENREIDER, RAQUEL L 1572 CORAL DR 1568 CORAL DR 1562 CORAL DR YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 PATEL, UPENDRA& KOMAL LUTH, RAYMOND&PATRICIA WALAS& HUDSON 1554 CORAL DR 1544 CORAL DR 1561 ORCHID ST YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 THEULEN, BARBARA J MANE, MABINTY CASANOVAS 1565 ORCHID ST 1571 ORCHID ST 1575 ORCHID ST YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 HANCOCK, DAVID&THERESE ADAMS,ALENE&MATTHEWS, INGLIS,SHEAN & MEGHAN 1581 ORCHID ST ALENE 1585 ORCHID ST 2396 LAVENDER WAY YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 MURPHY KOTLINSKI, DENNIS BASSETT, BRIAN H 2382 EMERALD LN 2378 EMERALD LN 2372 EMERALD LN YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 SELOOVER MPI-2 YORKVILLE SOUTH I LLC MAHONEY 2368 EMERALD LN 16880 FRONTAGE RD STE 100 2361 EMERALD LN YORKVILLE, IL 60560 BURR RIDGE, IL 60527 YORKVILLE, IL 60560 BOND,TROY YORKVILLE COM 5 SCHOOL DIST FREDERICK,THERESA A 2386 LAVENDER WAY 602 CENTER PKWY STE A 1479 CRIMSON LN YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 PHILLIPS,SHELDON M HEARN WHOWELL, KIMBERLY L 1477 CRIMSON LN 1475 CRIMSON LN 1473 CRIMSON LN YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 LOPEZ,VINCENT&,CORTEZ KLEIN,JEFFREY T JOHNSON,SHARON L ANGELICA 1469 CRIMSON LN 1457 CRIMSON LN 1471 CRIMSON LN YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 PORTER, RALPH A DENDINGER, CLARK T DUNAHOE,JEAN E 1459 CRIMSON LN 1461 CRIMSON LN 1463 CRIMSON LN YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 SLANICKY, KARA SMITH,ANGELA MARIE HAWTHORNE,WILLIAM E 1465 CRIMSON LN 1467 CRIMSON LN 1935 MCHUGH AVE YORKVILLE, IL 60560 YORKVILLE, IL 60560 NUMCLAW,WA 98022 HARROUN, DAVID &JAN ELL SIDDON, PAMELA A SUNDBERG,ANDREW& 1511 CORAL DR 1523 CORAL DR RIVERA,AMINA YORKVILLE, IL 60560 YORKVILLE, IL 60560 1533 CORAL DR YORKVILLE, IL 60560 HALLER, MICHAEL B PATTERSON,TERRI BARNEY,JESSICA E 1462 CRIMSON LN 1464 CRIMSON LN 1466 CRIMSON LN YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 HENRY&GROVEAU TADLOCK, MICHELLE MICHALEK,TINA A&GINA M 1468 CRIMSON LN 1478 CRIMSON LN 1476 CRIMSON LN YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 MIRZA, KAMRAN KROL, PETER&JUDY SANTORO,JOSEPH & LYDIA 1474 CRIMSON LN 1472 CRIMSON LN 1536 CORAL DR YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 SHEARER& BUCARO BLONDA,JAMES& MELANIE STENZ,CHRISTIAN &TRIANA 1524 CORAL DR 1510 CORAL DR 1504 CORAL DR YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 STANCEL,JOSEPH&THERESA YOUNG &VACLAVIK PAYNE,THOMAS&SALLY JO 1521 ORCHID ST 1535 ORCHID ST 1545 ORCHID ST YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 SIDDON, MICHAEL D& DENISE LEE,JASON & REBECCA CAN,ARBEN & DIANA 1551 ORCHID ST 1557 ORCHID ST 1552 ORCHID ST YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 LEE, CHRISTOPHER& DAWN GROSS, CHRISTOPHER& ERIN SMOGOR, LESLIE & DAVID 1542 ORCHID ST 1532 ORCHID ST 1522 ORCHID ST YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 HILLMAN,WARREN&VERONICA HOPP, MATTHEW MATTISON, BRIAN & BONNY 1512 ORCHID ST 1429 CRIMSON LN 1427 CRIMSON LN YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 WRIGHT, NICHOLAS INGRAM, DIANNA DUCHARME, DANIELLE 1425 CRIMSON LN 1423 CRIMSON LN 1421 CRIMSON LN YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 LEAHY, KATHRYN PIERCE CHANZIT 1499 ORCHID ST 1497 ORCHID ST 1495 ORCHID ST YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 VOGT, KEVIN W TOTH, LORETTA KORST, KIMBERLY M 1493 ORCHID ST 1491 ORCHARD ST 1489 ORCHID ST YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 IGNARSKI & TERRANCE PARKER & FISCHER JARVIS &COLE 1473 ORCHID ST 113010 STOCKTON AVE 1477 ORCHID ST YORKVILLE, IL 60560 PLAINFIELD, IL 60585 YORKVILLE, IL 60560 MILLER,JULIE LYNN JONES, MARCUS D&ANITA V PAULSEN, KARISSA M 1479 ORCHID ST 1481 ORCHID ST 1483 ORCHID ST YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 JULSETH, BRYAN C %JANEIL T L. PRICE NTIM-ADDAE, REGINA MCREYNOLDS,JASON D 22 W 150 SPRING VALLEY 1457 ORCHID ST 1463 ORCHID ST MEDINAH, IL 60157 YORKVILLE, IL 60560 YORKVILLE, IL 60560 CHILDRESS,JASON &JAN SCHWEICKERT,ABBY T WILLIAMS, DOUG 1465 ORCHID ST 1467 ORCHID ST 1432 CRIMSON LN YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 LUNA&CALDERA BRODERICK,CATHERINE M BROCK&STROUD 1434 CRIMSON LN 1436 CRIMSON LN 1438 CRIMSON LN YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 WADE,JANICE E KRAKOW, RICKY J OKARMA,JENNIFER L 1442 CRIMSON LN 1444 CRIMSON LN 1458 CRIMSON IN YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 SEITZINGER,JAMES E WESTLUND, MARGENE K ROOT,JENNIFER 193 COUNTRY RD. 1454 CRIMSON LN 1452 CRIMSON LN YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 MASON, BRITTNYE A BURGESS, CAITLYNNE M ANTHONY &JESSICA L BINDER 1448 CRIMSON LN 1446 CRIMSON LN 1424 CRIMSON LN YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 MOORE, DANNY Balles, Daniel J. LANG, EDWARD 1422 CRIMSON LN 2558 EMERALD LANE 2548 EMERALD LANE YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 Glover, Keisler T. Joe L. Rivera,Jr. MICHELLE CURRAN 1585 Coral Drive 2373 Lavender Way 1428 Crimson Lane YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 Grajeda, Mario and Amber JOE OLSON Cardona, Haydee 1424 Orchid Street 1422 Orchid Street 1420 ORCHID STREET YORKVILLE, IL 60560 YORKVILLE,IL 60560 YORKVILLE, IL 60560 Exhibit"D" 02-22-255-015 02-22-255-016 02-22-255-017 02-22-255-018 02-22-255-019 02-22-179-001 02-22-255-020 02-22-255-021 02-22-255-022 02-22-255-023 02-22-255-024 02-22-255-025 02-22-255-026 02-22-255-027 02-22-255-028 02-22-255-029 02-22-257-010 02-22-257-009 02-22-257-007 02-22-257-006 02-22-257-005 02-22-257-004 02-22-257-003 02-22-257-002 18 AMENDMENT TO ANNEXATION OR PLANNED UNIT DEVELOPMENT(PUD)AGREEMENT PETITIONER ROUTE Step 1: Petitioner must submit a completed application,fees*and all pertinent materials to the Community Development Department a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S.Army Corps of Engineers, etc.,to allow timely review by City. *Fees: 1. a. Annexation/PUD Amendment-$500 b Deposit for outside consultants-under 2 acres=$1,000 2 to 10 acres= $2,500 over 10 acres=$5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs(i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly;they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Commission : The Plan Commission meets the 2nd Wednesday of the month at 7:00 p.m. at the Yorkville Public Library, 902 Game Farm Road. A Public Hearing will be held at this time for the Amendment to Annexation/PUD Agreement. For a public hearing,the petitioner shall complete and submit to the Community Development Department the application with a legal description 45 days prior to the public hearing at the Plan Commission meeting. Notice will be given by publication by the United City of Yorkville in the Kendall County Record at least 15 days but no more than 30 days prior to the public hearing date. Before this amendment can move forward to the Economic Development Committee, a"draft" Amendment to the Annexation or PUD Agreement must be written. Step 3: Economic Development Committee:The Economic Development Committee meets the first Tuesday of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Economic Development meeting where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings and for review of the draft amended agreement. Step 4: City Council: Meetings are held the 2nd and 4`h Tuesdays of each month at 7 p.m. in the Council Chambers at City Hall. A Public Hearing will be held at this time for the Amendment to Annexation/PUD Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record at least 15 days but no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the Community Development Department's office containing the names,addresses and permanent parcel numbers of all parties that were notified. Page 18 of 5 United City of Yorkville Amend Annexation/PUD Application Revised: 9 14 09 19 Agreement: I understand and accept all requirements,fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records)to the Community Development Department, United City of Yorkville, 800 G arm R Yorkville, Illinois 60560. Signature of Petitioner Date: Q Page 19 of 5 United City of Yorkville Amend Annexation/PUD Application Revised: 9.14.09 26 Jr�c�0 C1 United United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 y Telephone: 630-553-4350 Fax: 630-553-7575 PC # APPLICATION & PETITION Please Check One: Preliminary Plan V Final Plat Development Name: Avu-ruMN CI r c M \ C Date of Submission: 1 . Name ofPetitioner(s): Z) LrcE 4n 6 GR.? . A i rN ' A )c Address: MI 14 SrF lo6c) QMA , IPKA2r6 � ( 0195 Phone Number: ($4 >) 310 - 5303 Fax Number: Email Address: ,�kAr� � �rJL7t rtcw%, 2. a). Street address and physical location of subject property: . u e L r, .l,, 50„ Lane b). Legal description of property; attach as Exhibit "A". c). Total Acreage: + 0.3 U 4 3 . Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed : ( 5e t- Sec- - 1 �) Attorney: Name: Cgucic 3ylzoM /1Vlt'( aeg) IhJz7T (. o- �rr=t C /_[__( Address: 301) S WdG(c Si E 356ci C-!d rc Phone Number: Fax Number: Email Address: C2y?=t)MQ M 5 l✓, C� United City of Yorkville Preliminary/Final Plat Application Revised:- 129,09 i 27 Continued - 3 . Contact Information Engineer: Name: (Cc-N lfUF{N 14 IZ �RE�N �ZNC Address: I � �krar= fny � 1� �i2 i a�j //n vii r F r TL- PSk Phone Number: 43A- 553 - 5 ( t) Fax Number: 636553 - 76Yb Email Address: Conn Land Planner: Name: T96m5bo v SURyE`/lniG- Address: Q 575 W i4P&&r-A/ s 126A �o Sv -C: SOfl�oSsMO -r l_ (pO/y Phone Number: Fax Number: 3i9 - 17;;r 9a Email Address: 4. Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to Page 3 of this application "Petitioner Route, Step 1 , Fees" and/or contact the Community Development Department for verification of this amount). c. To begin the review process, the initial submittal must consist of: 1 . 12 sets of Preliminary Plans /Final plats folded to fit in a 10" x 13" envelope, NIA 2. 7 sets of Landscape Plans folded to fit in a 10" x 13 " envelope 3 . 7 sets of Preliminary /Final Engineering folded to fit in a 10" x 13" enveloped. d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits), preliminary plan or final plat, landscape plans, engineering plans. Within one week of receipt of submittal, the Engineering Department will determine if it is complete or if additional information is needed. Once the submittal is complete, the plan council meeting date will be scheduled for the next meeting that is 6 weeks from this date. One week prior to your scheduled Plan Council meeting, you will be required to submit 15 full size preliminary/final site plans for the packets distributed to the members. United City of Yorkville Preliminary/Final Plat Application Revised_ 1 ,29 09 i 28 In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct. Date: / Petitioner(S) Signature: (All legal property owners signatures or their authorized agents (i.e. Planner, / Petitioner's Attorney, Engineer) must appear on this application.) 29, 4 -V1 e) C") Subscribed and sworn to before me this l >`i) day of S ��re H 6 > . 21N Zov I . Nota EWAL STER A OF ILLINOIS ES:01131112 A PLICATION MUST BE NOTARIZED. United City of Yorkville Prelim nar y/Final Plat Application Revised:_ 129 09 i 29 PRELIMINARY PLAN/FINAL PLAT PETITIONER ROUTE Step 1 : Petitioner must submit a completed application, fees* and all pertinent materials to the Community Development Department a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S . Army Corps of Engineers, etc., to allow timely review by City. *Fees: 1 . Preliminary Plan Fee - $500/Final Plat Fee - $500 a. Engineering Review Fees - 1 .25% of the approved engineer' s estimate of cost of all land improvements, to be determined by City Engineer. b. Engineering Review Deposit - up to 1 acre = $ 1 ,000; over 1 acre but not over 10 = $2,00 over 10 acres, but not over 40 = $5,000 over 40 acres, but not over 100 = $ 10,000 over 100 acres = $20,000 c. Deposit for Outside Consultants - under 2 acres = $ 1 ,000 2 to 10 acres = $2,500 over 10 acres = $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council : The Plan Council meets the 2"d and 4d' Thursday of the month at 9:00 a.m. in the city conference room. Upon recommendation by the plan council, you will move forward to the Plan Commission Meeting. Attendees to this meeting include: Community Development Director, City Engineer, Building Department Official, Public Works Director, Director of Parks and Recreation, Fire Department Representative, and Police Department representative. Step 3: For Preliminary Plans only; Park Board planning meeting: The Park Board makes recommendations on any Park Sites included in the development. The Park Board planning meeting is the 4 " Thursday of each month at 7:00 p.m. at the Riverfront Building, 201 W. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the 2n6 Wednesday of each month at 7:00 p.m. in the Yorkville public library at 902 Game Farm Road. The Plan Commission will make a recommendation for the City Council's consideration. The Plan United City or Yorkville Preliminary/Final Plat Application Revised._ 12909 i 30 Commission consists of 10 members appointed by the Mayor, the City Attorney and City Land Planner. Step 5: The project will be discussed in an informal atmosphere at the Economic Development Committee meeting, held the first Tuesday of each month at 7 P.M. in the City Council chambers. This session is to discuss and consider recommendations of prior committee meetings. Step 6: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall . This is where all City Council voting takes place. If this project has included an annexation and/or zoning petition, a Public Hearing will be held at this time with notice given by publication. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Prior to the recording of the final plat, the petitioner must pay the Administration Fee. This is equal to 1 .25% of the approved engineer's 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 associations such as private storm sewer, parking areas, and trails. Step 8: Final Plat recording instructions: Once the final plat is approved by the City Council and all required documents, bonds, and letters of credit are submitted to the city, the final plat may be recorded with Kendall County. Submit the final plat mylar to the Deputy Clerk for signatures. When all city signatures are in place, the developer or his surveyor may take the mylar to the Kendall County Clerk for his signature. The next step is to have six paper prints made and return to the Kendall County Recorder's office for recording. Kendall County requires the mylar and four paper copies. The City of Yorkville requires that you submit two recorded paper copies to the Deputy Clerk. Any copies you may require would be in addition to these. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return (retaining a copy for your records) to the De uty Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 6 0. 1 � 11 � / 11 / @air �, % ( > �r ✓LiE IL Lq S/ Date Signature of Petitioner United City of Yorkville Preliminary/Final Plat Application Revised*_ 1 29.09 31 CHECK LIST FOR PRELIMINARY PLANS SECTION 1 : WRITTEN DOCUMENTS 1 . A land use application containing the following: Not Applicable Acceptable Deficient A. A statement of planning objectives to be achieved by the plan _ B. A time schedule of the proposed development of the area covered by such preliminary plan C. Exceptions or variations to City Zoning or Subdivision Ordinances being requested as part of the plan, including the specific section of the Ordinance. _ 2. A boundary survey of the area covered by such preliminary plan, prepared and certified by a registered Illinois surveyor. SECTION 21 GENERAL PLAN INFORMATION 1 . A rendered outline of the area covered by such preliminary plan drawn at a scale of not less than 1 inch equals 100 feet. 2. The plan must contain the following information: A. Scale B. North Arrow C. Original and Revised dates _ D. Name and address of owner of record E. Name and address of site plan designer F. Current zoning of the properly G. All categories of proposed land use 3. The following information regarding contiguous property: A. Location of contiguous property B. Zoning of contiguous property C. Land use of contiguous property 4. The following site data provided in the lower right comer: A. Size of property in square feet or acres B. Square footage and percent of site coverage with buildings C. Square footage and percent of site coverage with pavement _ D. Number of parking spaces to be provided _ E. Number of parking spaces required by zoning ordinance _ F. Number of proposed buildings/dwelling units/lots SECTION 3: PLAN DATA REOUIREMENTS 1 . A site location map. 2. Dimensions of the property. 3. A topographical survey of the area covered by such preliminary plan at two-foot contour intervals drawn at not less than one inch equals one hundred feet. 4. A detailed plan for the treatment of any proposed storm water detention or retention facilities. 5 . Existing or proposed public roads, streets, and alleys, including classifications, width of right-of-way and paved surfaces, and existing and proposed sidewalks. United City of Yorkville Preliminary/Final Plat Application Revised - 1 .29.09 32 6. Dimensioned building setbacks, and as applicable; areas for off-street parking, trucking maneuvering and service, and open space/recreational facilities. 7. A schematic of existing or proposed public utility systems, including the size of sanitary sewers, storm water lines, & streetlights. 8. Existing vegetation and plantings. 9. Any other information required by the City, to clearly show the proposed site plan elements. CHECK LIST FOR FINAL PLANS SECTION I • WRITTEN DOCUMENTS I . A land use application containing the following: Not Applicable Acceptable Deficient A. A statement of planning objectives to be achieved by the plan. B. A development schedule, indicating the approximate dates for construction of the Final Plan. _ C. Petitioners proposed covenants, restrictions, and conditions to be established as part of the Final Plan. D. Exceptions or variations to City Zoning or Subdivision Ordinances being requested as part of the Final Plan, including the specifics of the Ordinance. SECTION 2: GENERAL PLAN INFORMATION 1 . Must be drawn to accurate engineering scale. 2. Must contain the following information: A. Scale B. North Arrow C. Original and revised dates D. Name and address of owner of record _ E. Name and address of site plan designer 3. The following information regarding contiguous property: A. Location of contiguous property B. Zoning of contiguous property C. Land use of contiguous property 4. Site data to be provided in lower right hand comer: A. Legal Description B. Size of property in square feet and acres _ C. Current Zoning _ D. Square footage & percent of site coverage with buildings E. Square footage & percent of site coverage with pavement F. Square footage & percent of site coverage with landscaping G. Number of parking spaces required by zoning ordinance H. Number of parking spaces to be provided _ I. Number of buildings J. Number of dwelling units _ K. Breakdown of dwelling unit bedroom types United City of Yorkville Pre]inninary/Final Plat Application Revised:_ 12909 33 S. Landscape data to be provided in lower left hand comer: A. Number of plantings by type _ B. Size of plantings at installation _ C. On-center spacing for hedges (Should be 3 feet apart) D. Caliper size of all trees at installation SECTION 3: PLAN DATA REQUIREMENTS I . Dimensions of property. 2. Existing and proposed public and private meets, right-of-ways, driveways, all principal and accessory buildings and their uses, dimensioned building setbacks, lot sizes, sidewalks, off-street parking, service areas, open spaces, and recreation facilities. 3. Preliminary architectural plans for all residential buildings, in sufficient detail to show basic building plan. 4. The existing and proposed vehicular and pedestrian circulation systems, indicating their inter-relationship and proposed treatments of points of conflict. 5. Existing and proposed utility systems, including sanitary sewers, water, electric, gas, telephone, and cable television lines, including their sizes. 6, Proposed public and private lighting systems. 7. Existing and proposed easements for utility services. S. Proposed signage, indicating location and size. 9. Existing vegetation and plantings. 10. Proposed berrning and fencing. 11 . The location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common open space, public parks, recreational areas, school sites, and similar semi-public uses. 12, Any other information necessary to clearly show the proposed site plan elements. United City of Yorkville Preliminary/Final Plat Application Revised:_ 1 .2909 EXHIBIT A THAT PART OF AUTUMN CREEK UNIT 1, BEING A SUBDIVISION OF PART OF THE SOUTH HALF OF SECTION 15 AND PART OF THE NORTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, PER DOCUMENT NUMBER R200600000144 RECORDED JANUARY 3, 2006 AND AMENDED BY CERTIFICATES OF CORRECTION AS DOCUMENT NUMBER R200600009685, RECORDED APRIL 3, 2006, DOCUMENT NUMBER R200600016609, RECORDED JUNE 5, 2006, AND DOCUMENT NUMBER R200700004498, RECORDED FEBRUARY 6, 2007, ALL IN KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERN MOST CORNER OF LOT 112 IN SAID SUBDIVISION; THENCE SOUTH 50 DEGREES 05 MINUTES 46 SECONDS WEST 20.00 FEET; THENCE SOUTH 48 DEGREES 19 MINUTES 30 SECONDS WEST 88.83 FEET; THENCE SOUTH 43 DEGREES 18 MINUTES 43 SECONDS WEST 90.66 FEET; THENCE SOUTH 38 DEGREES 10 MINUTES 57 SECONDS WEST 90.66 FEET; THENCE SOUTH 33 DEGREES 03 MINUTES 11 SECONDS WEST 90.66 FEET; THENCE SOUTH 27 DEGREES 55 MINUTES 24 SECONDS WEST 90.66 FEET; THENCE SOUTH 22 DEGREES 47 MINUTES 39 SECONDS WEST 90.66 FEET; THENCE SOUTH 17 DEGREES 39 MINUTES 54 SECONDS WEST 16. 14 FEET; THENCE SOUTH 53 DEGREES 53 MINUTES 13 SECONDS WEST 57.66 FEET; THENCE NORTH 72 DEGREES 08 MINUTES 11 SECONDS WEST 149.94 FEET; TO A POINT OF CURVE SAID CURVE BEING CONCAVE EASTERLY HAVING A RADIUS OF 1217.00 FEET AND A CHORD THAT BEARS SOUTH 15 DEGREES 36 MINUTES 28 SECONDS WEST 95 .81 FEET THENCE SOUTHERLY ALONG SAID CURVE 95.83 FEET; THENCE SOUTH 81 DEGREES 47 MINUTES 29 SECONDS EAST 178. 11 FEET; THENCE SOUTH 15 DEGREES 24 MINUTES 07 SECONDS WEST43 .16 FEET; THENCE SOUTH 08 DEGREES 09 MINUTES 02 SECONDS WEST 86. 11 FEET; THENCE SOUTH 05 DEGREES 39 MINUTES 48 SECONDS WEST 83.97 FEET; THENCE NORTH 87 DEGREES 30 MINUTES 37 SECONDS WEST 209.24 FEETTO A POINT OF CURVE SAID CURVE BEING CONCAVE EASTERLY HAVING A RADIUS OF 1250.00 FEET AND A CHORD THAT BEARS SOUTH 02 DEGREES 20 MINUTES 39 SECONDS WEST 6.35 FEET THENCE SOUTHERLY ALONG SAID CURVE 6.35 FEET; THENCE NORTH 87 DEGREES 48 MINUTES O5 SECONDS WEST 224.86 FEET; THENCE NORTH 32 DEGREES 03 MINUTES 49 SECONDS EAST 51 .72 FEET; THENCE NORTH 06 DEGREES 55 MINUTES 12 SECONDS EAST 183.37 FEET; THENCE SOUTH 83 DEGREES 03 MINUTES 49 SECONDS EAST 169.50 FEET; TO A POINT OF CURVE SAID CURVE BEING CONCAVE EASTERLY HAVING A RADIUS OF 1283.00 FEET AND A CHORD THAT BEARS NORTH 14 DEGREES 33 MINUTES 19 SECONDS EAST 124.14 FEET THENCE NORTHERLY ALONG SAID CURVE 124. 19 FEET; THENCE NORTH 71 DEGREES 19 MINUTES 55 SECONDS WEST 46. 17 FEET; THENCE NORTH 67 DEGREES 55 MINUTES 03 SECONDS WEST 149.49 FEET; THENCE NORTH 22 DEGREES 04 MINUTES 57 SECONDS EAST 188.61 FEET; THENCE NORTH 26 DEGREES 37 MINUTES 46 SECONDS EAST 75. 18 FEET; THENCE NORTH 31 DEGREES 10 MINUTES 34 SECONDS EAST 159.58 FEET; THENCE NORTH 37 DEGREES 44 MINUTES 22 SECONDS EAST 9.35 FEET; THENCE NORTH 86 DEGREES 26 MINUTES 02 SECONDS WEST 92.66 FEET; THENCE SOUTH 49 DEGREES 50 MINUTES 38 SECONDS WEST 146.73 FEET; THENCE SOUTH 82 DEGREES 00 MINUTES 59 SECONDS WEST 63 .33 FEET; THENCE NORTH 67 DEGREES 53 MINUTES 13 SECONDS WEST 128.03 FEET; THENCE NORTH 37 DEGREES 29 MINUTES 25 SECONDS WEST 71.36 FEET; THENCE NORTH 07 DEGREES 05 MINUTES 37 SECONDS WEST 122 .51 FEET; THENCE NORTH 23 DEGREES 18 MINUTES 11 SECONDS EAST 69.72 FEET; THENCE NORTH 53 DEGREES 41 Page I 1 MINUTES 59 SECONDS EAST 129.63 FEET; THENCE NORTH 84 DEGREES 07 MINUTES 58 SECONDS EAST 199.49 FEET; THENCE SOUTH 89 DEGREES 58 MINUTES 56 SECONDS EAST 135.71 FEET; THENCE SOUTH 80 DEGREES 51 MINUTES 30 SECONDS EAST 37 .60 FEET; THENCE SOUTH 71 DEGREES 44 MINUTES 05 SECONDS EAST 136.11 FEET; THENCE SOUTH 62 DEGREES 36 MINUTES 41 SECONDS EAST 37.60 FEET; THENCE SOUTH 53 DEGREES 29 MINUTES 14 SECONDS EAST 208.40 FEET; TO A POINT OF CURVE SAID CURVE BEING CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1250.00 FEET AND A CHORD THAT BEARS NORTH 49 DEGREES 23 MINUTES 37 SECONDS EAST 30.64 FEETTHENCE NORTHEASTERLY ALONG SAID CURVE 30.65 FEET; THENCE NORTH 50 DEGREES 05 MINUTES 46 SECONDS EAST40.76 FEET, THENCE SOUTH 39 DEGREES 54 MINUTES 14 SECONDS EAST 208.00 FEET, TO THE POINT OF BEGINNING; CONTAINING 13 .07 ACRES OR 569, 150 SQUARE FEET MORE OR LESS. Page 12 F i led for Record i r~ KENDALL C:OUNTYr ILLINOIS STATE OF ILLII�fOIS ) PAUL ANDERSON 06 - 1-31 - 2005 At ICIU 41 0. i1 sS ORDINANCE 1. 4C 01"1 COUNTY OF KENDALL ) ORDINANCE NO. 2005- -� AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT FOR AUTUMN CREEK WHEREAS , :it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement and Planned Unit Development Agreement pertaining to the annexation of real estate described on the Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS , said 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 ILCS 5111 - 15 . 1 - 1 , as amended, for the execution of said Annexation and Planned Unit Development Agreement has been fully complied with; and WHEREAS, the property is presently contiguous to the City; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS , AS FOLLOWS ; Section 1 : The Mayor and the City Clerk are herewith authorized and directed to and Planned Unit Development execute, on behalf. of the City, an Annexation Agreement concerning the annexation of and Planned Unit Development the real estate des ribed therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2 : This ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE V JOSEPH BESCO VALERIE BURL► PAUL JAMES _ LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA _ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this P 4 C 't Day of �� , � , A.D . 2005 . MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this L Y day of py� , �l- - , A.D . 2005 . ATTEST : CITY CLERK Prepared by : John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 EXHIBIT "A" TO AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT FOR AUTUMN CREEK PARCEL l : THAT 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 LINE OF THE BRISTOL AND OSWEGO ROAD, PREVIOUSLY DESCRIBED AS BEING 23 .05 CHAINS WEST AND NORTH 35 DEGREES 30 MINUTES WEST 11 . 02 CHAINS FROM THE SOUTHEAST CORNER OF SAIL) SECTION 22 ; THENCE NORTH 34 DEGREES 59 MINUTES 00 SECONDS WEST, ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE CENTERLINE OF U . S . ROUTE 34, MEASURED FROM NORTHEAST TO NORTHWEST, 2,054 . 60 FEET FOR POINT OF BEGINNING; THENCE SOUTH 52 DEGR14ES 08 MINUTES 00 SECONDS WEST, 825 .40 FEET; THENCE NORTH 38 DEGREES 06 MINUTES 00 SECONDS WEST, 1 ,803 . 88 FEET TO THE CENTER LINE OF KENNEDY ROAD ; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, 1 , 581 . 49 FEET TO A POINT WHICH IS 350. 0 FEET SOUTHWESTERLY OF, AS MEASURED ALONG SAID CENTER LINE, THE MOST EASTERLY CORNER OF BRISTOL LAKE SUBDIVISION; THENCE SOUTH 38 DEGREES 15 MINUTES 40 SECONDS EAST, 1 ,639 .93 FEET TO A LINE DRAWN NORTH 52 DEGREES 45 MINUTES 17 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 52 DEGREES 45 MINUTES 17 SECONDS WEST, 750 . 69 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP , KENDALL COUNTY, ILLINOIS . PARCEL 2 : THAT PART OF THE SOUTH HALF OF SECTION 15 AND THAT PART OF THE NORTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION, AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962 ; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID SUBDIVISION 1988 .0 FEET TO THE NORTHEASTERLY CORNER OF SAID SUBDIVISION; THENCE NORTHWESTERLY ALONG A LINE MAKING AN ANGLE OF 180 DEGREES 13 MINUTES 25 SECONDS MEASURED COUNTER-CLOCKWISE FROM THE LAST DESCRIBED COURSE, A DISTANCE OF 895 . 02 FEET TO AN EXISTING IRON PIPE STAKE; THENCE EASTERLY ALONG AN OLD FENCE LINE FORMING AN INTERIOR ANGLE OF 58 DEGREES 15 MINUTES 28 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1298 . 88 FEET ( 19 . 68 CHAINS) TO AN IRON PIPE STAKE HEREWITH PLACED; THENCE SOUTHEASTERLY ALONG AN OLD ESTABLISHED LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 124 DEGREES 23 MINUTES 38 SECONDS WITH THE LAST DESCRIBED COURSE A DISTANCE OF 2185 .47 FEET TO AN EXISTING IRON PIPE STAKE ON THE CENTER LINE OF KENNEDY ROAD WHICH IS 1213 . 59 FEET NORTHEASTERLY FROM THE POINT OF BEGINNING, AS MEASURED ALONG SAID CENTER LINE; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE 1213 . 59 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS . PARCEL 3 : THAT PART OF THE NORTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD, WHICH MAKES AN ANGLE OF 88 DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213 . 59 FEET; THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1228 . 39 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE AFORESAID CENTER LINE OF KENNEDY ROAD, 1348 . 57 FEET; THENCE NORTHWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 88 DEGREES 37 MINUTES 37 SECONDS WITH THE LAST DESCRIBED COURSE A DISTANCE OF 1224 .23 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID BRISTOL LAKE SUBDIVISION WHICH IS 0.46 FEET SOUTHWESTERLY FROM THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE 0.46 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS (EXCEPTING THEREFROM THAT LAND CONVEYED TO KENNETH D. DOTY, JR., IN DEED RECORDED AS DOCUMENT NUMBER R85-5973 , DESCRIBED AS FOLLOWS : THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD, 299. 54 FEET; THENCE SOUTHEASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 287 . 11 FEET; THENCE SOUTHWESTERLY, AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 306 . 88 FEET TO THE EASTERLY LINE OF A TRACT OF LAND CONVEYED TO HERBERT L. RUCKS BY A WARRANTY DEED RECORDED AUGUST 1 , 1966 IN BOOK 149 ON PAGE 303 ; THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE TO A POINT ON SAID CENTER LINE WHICH IS 0.46 FEET SOUTHWESTERLY OF THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, 0.46 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENI3ALL COUNTY, ILLINOIS) PARCEL 4 : THAT PART OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962 ; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD WHICH MAKES AN ANGLE OF 88 DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 121159 FEET; THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1228. 39 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE AFORESAID CENTER LINE OF KENNEDY ROAD, 1364. 57 FEET FOR THE POINT OF BEGINNING ; THENCE NORTHEASTERLY ALONG THE LAST DESCRIBED COURSE 1348 . 57 FEET TO THE PENULTIMATE DESCRIBED POINT; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1402 . 38 FEET; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 84 DEGREES 52 MINUTES 28 SECONDS WITH THE LAST DESCRIBED COURSE (BEING A LINE DRAWN PARALLEL WITH THE CENTER LINE OF U. S . HIGHWAY ROUTE 34) A DISTANCE OF 2301 .24 FEET; THENCE NORTHWESTERLY ALONG A LINE DRAWN NORTH 35 DEGREES 30 MINUTES WEST :FROM A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22 WHICH IS 23 . 03 CHAINS WEST OF THE SOUTHEAST CORNER OF SAID SECTION 22 ( SAID LINE FORMING AN INTERIOR ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE LAST DESCRIBED COURSE) A DISTANCE OF 914. 67 FEET; THENCE NORTHEASTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 92 DEGREES 15 MfN[UTES 44 SECONDS WITH THE LAST DESCRIBED COURSE 877 .73 FEET; THENCE NORTHWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 263 DEGREES 11 MINUTES 34 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 392 . 38 TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS . PARCEL 5 : THAT PART OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION ASS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10, PAGE 58 ON MAY 10, 1962 ; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD FORMING AN ANGLE OF 88 DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213 . 59 FEET ; THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, 2630.77 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG THE PROLONGATION OF THE LAST DESCRIBED COURSE 1142 . 51 FEET TO THE CENTER LINE OF U . S . HIGHWAY ROUTE 34; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE FORMING AN INTERIOR ANGLE WITH THE LAST DESCRIBED COURSE OF 84 DEGREES 52 MINUTES 28 SECONDS , 2336 . 0 FEET TO AIV EXISTING IRON PIPE STAKE SAID TO BE OVER THE ORIGINAL LOCATION OF A 'STONE IN THE CENTER LINE OF THE ORIGINAL BRISTOL AND OSWEGO ROAD PREVIOUSLY DESCRIBED AS BEING 23 .05 CHAINS WEST AND THENCE NORTH 35 DEGREES 30 MINUTES WEST 11 . 02 CHAINS FROM THE SOUTHEAST CORNER OF SAID SECTION 22 ; THENCE NORTH 35 DEGREES 30 MINUTES WEST ALONG A LINE FORMING AN INTERIOR ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE LAST DESCRIBED COURSE 1139. 93 FEET TO A LINE DRAWN SOUTHWESTERLY PARALLEL WITH SAID CENTER LINE OF SAID ROUTE NO. 34 FROM THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID PARALLEL LINE FORMING AN INTERIOR ANGLE OF 86 DEGREES 36 MINUTES 53 SECONDS WITH THE LAST DESCRIBED COURSE 2301 .24 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS . CHO1 / 12426210. 1 REV . - CLB - 5/19/05 ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT (Autumn Creek Subdivision) THIS ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT ("Agreement") , is made and entered as of the IZ* day of April, 2005 by and between RICHARD J. THEIDEL and LASALLE BANK NATIONAL ASSOCIATION, as Successor Trustee under Trust Agreement dated February 15 , 1977 and known as Trust No . 4198 (collectively, "OWNERS"), PULTE HOME CORPORATION, a Michigan corporation ("DEVELOPER") and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ("Corporate Authorities") . OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties". CHOU 12390295 . 13 RECITALS : A. OWNERS and DEVELOPER are the owners of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as " SUBJECT PROPERTY") . B . OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY for the purposes of developing (i) a residential planned development (PUD) known as Autumn Creek as to a part and (ii) a commercial planned development as to a part. The SUBJECT PROPERTY is currently contiguous with the existing corporate limits of the CITY and is not within the boundary of any other city. C . OWNERS and DEVELOPER desire to proceed with the development thereof for residential and commercial use in accordance with the terms and provisions of this Agreement. D . OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be rezoned as (i) R-2 and R-3 Single-Family Residence Districts under the City Zoning Ordinance ("Zoning Ordinance") with a Special Use for a Planned Development, to be developed with attached and detached single-family residences within the residential portion of the SUBJECT PROPERTY consisting of approximately two hundred sixty-five (265) acres, legally described in Exhibit "B" attached hereto and referred to as the "Residential Parcel' (with the R-2 portion being legally described on Exhibit B- 1 and the R-3 portion being legally described on Exhibit B-2) and (ii) ;Ei B-3 Business District with the uses listed as Permitted Uses in the B-3 Business District, (including banks with drive-through service and including dry cleaning facilities) with a Special Use for a Planned Development within the commercial portion of the SUBJECT PROPERTY consisting of approximately twenty-one and five hundredths (21 . 05 ) acres, legally described in Exhibit "C" attached hereto and referred to as the "Commercial CHOI / 12390295 . 13 2 Parcel" , all as depicted on the Preliminary PUD Plan attached hereto and incorporated herein as Exhibit "D" . E . OWNERS intend to sell the Commercial Parcel to a developer of commercial properties (the "COMMERCIAL DEVELOPER") who will develop the Commercial Parcel and perform the obligations of the COMMERCIAL DEVELOPER set forth herein . F . All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning and the Preliminary PUD Plan on October 13 , 2004 . City Council conducted the public hearing on the annexation agreement on November 9, 2004. G . The CITY and OWNERS and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code . H . The Corporate Authorities, after due and careful consideration, have concluded that the Execution of this Annexation Agreement and Planned Development Agreement and the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. I . (i) Each party agrees that it is in the best interests of the OWNERS and DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the attached Exhibit "A" as a Planned Development establishing a unique character through the provision of a f CH01 / 12390295 . 13 3 I f i mix of residential uses in conformance with the United City of Yorkville Comprehensive Plan within a master planned community including neighborhoods, open spaces totaling over approximately 92 . 33 acres interspersed throughout the Residential Parcel and a carefully integrated commercial use within the Commercial Parcel and through the provision of orderly flow of traffic within the development and to adjoining real property. Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for performance standards in the development of the SUBJECT PROPERTY. Each party agrees that a substantial impact will be placed on the services of the United City of Yorkville and other governmental agencies by development of said SUBJECT PROPERTY. (iv) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. J . It is the desire of the CITY, the OWNERS and DEVELOPER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. K. The OWNERS and DEVELOPER and their representatives have discussed the i proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was CHO1 / 12390295 . 13 4 held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement the Petition for Zoning and Annexation and drawings submitted therewith, including the Preliminary PUD Plan, attached hereto as Exhibit "D" and agree that the annexation, zoning and plan for the SUBJECT PROPERY shall be approved by the City Council upon the following terms and conditions and in consideration of the various agreements made between the parties : 1 . LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2 , ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the SUBJECT PROPERTY (i) under the R-2 and R-3 Single-Family Residence District provisions of the City Zoning Ordinance ("Zoning Ordinance") with a Special Use for a Planned Development with 575 residences (317 single-family residences and 258 townhome residences) as to the Residential Parcel and (ii) under the B-3 Business District provisions of the Zoning Ordinance, with a special use as a Planned Development as to the Commercial Parcel , all as shown on the Preliminary PUD Plan attached hereto as Exhibit "D", provided that interim use of all or any portion of the SUBJECT PROPERTY as agricultural and CH01 / 12390295 . 13 5 nursery uses shall be permitted as legal non-conforming uses of the SUBJECT PROPERTY until such portions are actually developed. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, as approved or subsequently amended, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Preliminary PUD Plan (Exhibit "D") . The CITY agrees to consider future applications for a special use for portions of the Commercial Parcel , including applications for uses that are designated special uses within the B - 3 zoning classification as of the date of this Agreement. At such time as the locations of any of such uses are determined, OWNER shall apply for special uses therefor and the CITY shall conduct any necessary public hearings therefor. 3 . VARIATIONS FROM LOCAL CODES. The specific modifications and deviations from the C'ITY ' s ordinances, rules, and codes as set forth in Exhibit "E" attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the SUBJECT PROPERTY ("Permitted Variations") . 4 . UTILI7PIES EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS and DEVELOPER agree that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied by this Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNERS and DEVELOPER within their respective parcels as outlined in Exhibit "E1 " (Utilities and Public Improvements) except as otherwise provided in this Agreement. The CITY shall have the sole responsibility of obtaining any off-site easements for water distribution along CHOU 12390295. 13 6 US Route 34 and responsibility for off-site street related improvements as outlined in Exhibit "E2 " . In the event the CITY cannot obtain the necessary off-site easements for the extension of the watermains, OWNERS and DEVELOPER shall be allowed to extend water mains from other locations to their respective parcels on the SUBJECT PROPERTY within existing easements or rights-of-way. In addition, the CITY agrees that, at DEVELOPER' s request, the CITY shall exercise reasonable and best efforts to acquire off-site easements . All reasonable costs related to or associated with condemnation of property as well as the cost of acquisition of the real property approved in advance by DEVELOPER for easement purposes only, and not as to acquisition of fee title, shall be the responsibility of DEVELOPER. The CITY shall not incur any acquisition cost not approved by DEVELOPER. 5 , POTABLE WATER SUPPLY, SANITARY SEWER, RECAPTURE, AND FUNDING MECHANISMS . A . The CITY represents to OWNERS and DEVELOPER that the CITY owns potable water, fire flow and water storage facilities and that such facilities will have sufficient capacity to adequately serve the needs of the OWNERS , DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement. B . With the respect to sanitary sewer treatment capacity, the CITY shall assist and cooperate with OWNERS and DEVELOPER in their efforts to acquire adequate sanitary sewer treatment capacity from the Yorkville Bristol Sanitary District for use within their respective parcels in the SUBJECT PROPERTY as developed pursuant to this Agreement. Additionally, the CITY shall also assist and cooperate with OWNERS and DEVELOPER in their efforts to obtain adequate means of delivery of such sanitary sewer capacity to the SUBJECT PROPERTY CHO1 ! 12390295 . 13 7 or, in the alternative, shall provide such means of delivery, subject, however, to the requirements of the Yorkville Bristol Sanitary District where appropriate. The CITY shall seek to obtain such governmental approvals and permits, but in the event that its best efforts are not successful, the CITY shall not be liable for any failure to provide adequate means of delivery of the sanitary sewer treatment capacity contemplated under this Subsection S . B . arising from its inability to obtain such approvals and permits ; and the CITY undertakes no duty to pay for the extension of sanitary sewer extensions to the SUBJECT PROPERTY. C . If at the time OWNERS and/or DEVELOPER propose to develop the first Phase of the SUBJECT PROPERTY, either the Yorkville Bristol Sanitary District does not have sufficient capacity or facilities to handle the waste water treatment of that portion or Phase of the SUBJECT PROPERTY being developed or the CITY does not have adequate means of delivery of the aforementioned waste water to the treatment plant including, but not limited to the CITY not having obtained an easement from the owner of the property immediately west of the SUBJECT PROPERTY along Route 34, known as Hamman property (the "Hamman Easement") for the purpose of constructing a sanitary sewer line from the Countryside lift station through the Hamman property to the westerly boundary of the SUBJECT PROPERTY for the benefit of the SUBJECT PROPERTY (the "Hamman Sewer Alternative"), it is agreed that DEVELOPER shall have the right to obtain sanitary sewer service for the Residential Parcel using a lift station constructed by DEVELOPER for the purpose of connecting the Residential Parcel to the sanitary sewer system within an existing residential development northwest of the SUBJECT PROPERTY, known as the Menard ' s property (the "Menard ' s Sewer Alternative") . In the event the CITY obtains the Hamman Easement prior to the time DEVELOPER commences the installation of the sanitary sewer for the SUBJECT PROPERTY, DEVELOPER CHO1 / 12390295 . 13 8 shall design and install the Hamman Sewer Alternative. In the event the CITY does not obtain the Hamman Easement prior to such time, DEVELOPER shall install the Menard ' s Sewer Alternative. Any installation performed by DEVELOPER (whether the Hamman Sewer Alternative or the Menard ' s Sewer Alternative) shall be entitled to a recapture for DEVELOPER pursuant to Sections 18 and 22 .A. hereof. In the event the DEVELOPER installs the Menard ' s Sewer Alternative, the CITY shall assume the obligation to pay and maintain the lift station and thereafter, when the CITY later obtains the Hamman Easement and installs the Hamman Sewer Alternative, DEVELOPER may connect any future Phases of the SUBJECT PROPERTY to the Hamman Sewer Alternative without contribution or payment of a recapture fee for the costs thereof. If DEVELOPER installs the Hamman Sewer Alternative and for any reason the CITY agrees with the owner of the Hamman property not to collect a recapture of the costs of the Hamman Sewer Alternative designed and installed by DEVELOPER attributable to the Hamman property, then the CITY shall credit DEVELOPER with the amounts that are attributable to the Hamman property against sanitary sewer tap-on fees otherwise payable by DEVELOPER. D . The CITY represents to OWNERS and DEVELOPER that neither OWNERS nor DEVELOPER shall 'become liable to the CITY or any other party for recapture upon the annexation and/or development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water ]''Lines and/or storage facilities that may serve the SUBJECT PROPERTY, except for a recapture which may become due to MPI Development, owner of the property to the east of the SUBJECT' PROPERTY for any improvements installed by MPI, which benefit the SUBJECT PROPERTY; provided, however, subject to the terms of this Agreement, DEVELOPER shall be responsible to pay sewer and water connection fees for the Residential CHO1 / 12390295. 13 9 Parcel and OWNERS shall be responsible to pay such fees for the Commercial Parcel subject to the terms of this Agreement. E. The parties acknowledge that the CITY is currently preparing plans for the design and construction of improvements to Kennedy Road, which bisects the SUBJECT PROPERTY. The CITY shall construct the improvements to Kennedy Road, which shall include underground crossings where lines and mains for sanitary sewer, water, storm sewer and other utilities may be extended across Kennedy Road in the future. In order to enable the CITY to pay for the cost of such improvements, DEVELOPER shall prepay the Perimeter Road Fee due for the Residential Parcel in the amount of One Million One Hundred Fifty Thousand and no/ 100 Dollars ($ 1 , 150,000. 00), being the sum of Two Thousand Dollars ($2 ,000. 00) multiplied by the number of dwelling units contained in the Preliminary PUD Plan. The prepayment shall be paid in increments, with each increment being due and payable within thirty (30) days after each draw request is made under the contract or contracts let by the CITY for the design and construction of the road, with DEVELOPER ' s total payment not to exceed One Million One Hundred Fifty Thousand and no/ 100 Dollars ($ 1 , 1509000. 00) . The CITY shall not withhold permits or approvals for any portion of the SUBJECT PROPERTY if the Kennedy Road improvements are not completed by the CITY. 6• SECURITY INSTRUMENTS . A . Posting Security, Each of OWNER and DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds in the forms prescribed by the ordinances of the CITY ("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 within their respective parcels as are required by applicable ordinances of the CITY. The DEVELOPER or OWNER shall have the sole discretion, subject CHO1 / 12390295 . 13 10 I i to compliance with Illinois law, as to whether an irrevocable letter of credit or surety bond will be used as the security instruments . The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY . The City Council upon recommendation by the City Engineer, may 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. If the DEVELOPER chooses to use a Special Service Area as a primary funding mechanism for the installation of public improvements, per United City of Yorkville ' s Resolution No . 2002-04, the OWNERS and DEVELOPER shall not be required to post any irrevocable letters of credit or surety bonds to guarantee the installation of those public improvements . Any public improvements installed by the OWNERS and DEVELOPER on their respective parcels as part of a special service area shall require OWNERS and DEVELOPER to post a one-year maintenance bond after acceptance by the CITY of said public improvements in an amount equal to 10% of the approved engineering ' s estimate of the costs . Except for Kennedy Road, any perimeter roadways and onsite improvements may be dedicated, constructed., and/or bonded as independent phases of development at the sole discretion of the DEVELOPER, and upon approval by the CITY. B . Inclusion_ of Route 34 Entry Road and Route 34 Detention Area in DEVELOPER' s Phases. DEVELOPER agrees to include the construction of the east-west entry road between the Commercial Parcel and the Residential Parcel from Route 34 (the "Route 34 Entry Road") and Detention Lot A on the Residential Parcel along Route 34 (the "Route 34 CHOI / 12390295 . 13 11 Detention Area") in one of the phases for the Residential Parcel, to post Security Instruments with the CITY theref)r, if required, and to design and build such improvements so that they may serve both the Residential Parcel and the Commercial Parcel . C . Acceptance of Underground Improvements and Streets. Upon completion and inspection of underground improvements, streets, and/or related improvements in each Phase of Development on the Residential Parcel and the Commercial Parcel , respectively, and acceptance by the City Council upon recommendation by the City Engineer, OWNERS and 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. The CITY shall exercise good faith and due diligence in accepting said public improvements following OWNERS ' and 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 not later than thirty (30) days following the approval of the as-built plans. D . Transfer and Substitution. Upon the sale or transfer of any portion of their respective parcels within the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be released from the obligations for such portion 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. 7. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS . Upon completion of other public improvements not constructed specific to any individual neighborhood (i . e. park areas, offsite water main, sewer mains, homeowners CHOU 12390295 . 13 12 association open space areas) in each Phase of Development within their respective parcels, and acceptance thereof by the City Council upon recommendation by the City Engineer, OWNERS and 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. 8. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use 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 amendments, 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 OWNERS and 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 Residential Parcel, 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 CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in CHOU 12390295 . 13 13 order to comply with the new regulations . 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 implf;mentation against the SUBJECT PROPERTY shall be given full force and effect. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements, buildings, appurtenances, or any other development of any kind or character upon the SUBJECT PROPERTY, other than those upon which site plan approval may be based, are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY ' s boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 96 BUILDING CODE ; BUILDING PERMITS . A . The building codes for the CITY in effect as of the date of this Agreement and the dates of the latest revisions thereto are listed in Exhibit "F". These regulations 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 CHO1 / 12390295 . 13 14 Agreement. Any amendments, 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 OWNERS and 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. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the building codes in order to comply with the new regulations . If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CTI'Y ' S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations adopted after the date of this Agreement which affects all land within the CITY, shall be applicable to the SUBJECT PROPERTY upon the expiration of the twelfth ( 12`h) month following the effective date of such amendments, deletion, or addition, whether during the five (5) years next following CHO1 / 12390295. 13 15 l the date of this Agreement, or any time thereafter, except as to those items expressly provided for in Exhibit "17" attached hereto . B . The CITY shall act upon each application for a building permit for which OWNERS and/or DEVELOPER, or their duly authorized representatives, shall apply, within fourteen ( 14) calendar days of the date of application therefor or within fourteen ( 14) calendar days of receipt of the last of the documents and information required to support such application, whichever is later, provided the applicable improvements for which the building permit applies will be constructed and installed in accordance with the applicable requirements of the CITY. If the application is disapproved, the CITY shall provide the applicant with a statement in writing specifying the reasons for denial of the application including a specification of the requirements of law that the applicant and supporting documents fail to meet. The CITY agrees to issue such building permits upon the compliance with those legal and documentary requirements so specified by the CITY . C . Subject to any other necessary governmental regulatory approval , the CITY shall permit OWNERS and/or DEVELOPER, and their duly authorized representatives, to install temporary waste water holding tanks and temporary water facilities to serve sales offices or similar temporary structures, and model buildings constructed on the SUBJECT PROPERTY or any Parcel or Phase thereof, provided that each such temporary tank and temporary water facility shall be removed and disconnected within ten ( 10) days after said structures shall be connected to the sewer or other permitted waste disposal systems, and water mains, at OWNERS ' and/or DEVELOPER' s sole cost, subject to force majeure. The use of such temporary facilities shall be subject to all health and safety codes of the CITY and CITY shall inspect such facilities on a periodic basis . CHOU 12390295 . 13 16 D . Subject to the provisions of Section 11 hereof, no permit fees, plan review fees or inspection fees which are not generally and uniformly applicable throughout the CITY shall be imposed by the CITY against the SUBJECT PROPERTY, 100 FUTURE FINAL PLATS AND FINAL ENGINEERING. The CITY recognizes the development of the SUBJECT PROPERTY may occur in stages or units (sometimes referred to herein as "Phases") over a period of time. Accordingly, the CITY grants permission to OWNERS and DEVELOPER to stage the development on their respective parcels over a period of twenty (20) years in length and to submit separate final plats and final engineering for approval for each Phase. The CITY shall act upon any final plat and final engineering submitted to it for approval within a reasonable time of its receipt of such final plat, final engineering and all necessary supporting documentation and information. The plat review and consideration by the CITY shall not exceed the limitations set out in 65 ILCS 5/ 11 - 12- 8 (2002) . The CITY shall not require engineering to be submitted for any Phase of the SUBJECT PROPERTY that is not within the particular Final Plat for a Parcel, Phase or Unit being submitted for approval by OWNERS and/or DEVELOPER, provided, however, the CITY can require engineering for sewer, water, storm water lines and utilities that cross undeveloped Parcels and/or Phases. 11 . FEES AND CHARGES , A . During the first five (5 ) years following the date of this Agreement, the CITY shall impose upon and collect from the OWNERS and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap-on and connection fees and charges, and impact fees and in such amount or at such rate, as are in effect on the date of this Agreement and as are generally applied throughout the CITY, except as otherwise expressly provided for in this CH01 / 12390295. 13 17 I agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "G". At the expiration of this five (5) year term, the CITY shall give the OWNERS and DEVELOPER a one ( 1 ) year grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations, but no increased impact fees or new impact fees shall apply to the SUBJECT PROPERTY. Be To the extent that any fees charged by the CITY or other governmental agency by reason of this Agreement or City Ordinance are not frozen by the specific terms contained in this Agreement, such fees may be prepaid as follows : (i) If the CITY increases any fees that are not prohibited from being increased by the terms of this Agreement and are applicable to the SUBJECT PROPERTY, the CITY will provide OWNERS and DEVELOPER with notice thereof and OWNERS and/or DEVELOPER will be permitted the right to prepay the fees as they existed prior to such increase at any time within thirty (30) days after receipt of the notice of the increase of the fees from the CITY. OWNERS ' and DEVELOPER ' s right to prepay will apply to all fees or only certain fees applicable to their respective parcels within the SUBJECT PROPERTY as selected by OWNERS and/or DEVELOPER and prepayment of a particular fee will prevent the increase in such fee from being applicable to that portion of the SUBJECT PROPERTY for which such fee was prepaid. For fees charged on a per residential unit basis, DEVELOPER may estimate the number of residential units and pay such fees based on such estimated number of units or may prepay for only a certain number (determined by DEVELOPER) of units . CHOI / 12390295. 13 18 Once the calculation is made, no refund of any portion of any prepayment made will be allowed. C. The CITY represents and warrants to OWNERS and DEVELOPER that no part of the SUBJECT PROPERTY is currently subject to nor is there pending any request to subject any part of the SUBJECT PROPERTY to any special service area or special assessment district that will result in any special taxes or assessments for any portion of the SUBJECT PROPERTY, other than charges to existing drainage districts of record, if any. 12 . CONTRIBUTIONS . The CITY shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 139 SCHOOL AND PARK DONATIONS. DEVELOPER shall be responsible for making the contributions outlined in Exhibit "H" and Exhibit "l" to the Yorkville Community School District # 115 ("School District"), the City of Yorkville Park Department ("Park Department") and the CITY for the estimated impact and donation that is projected to be experienced by said entities as a result of the development of the Residential Parcel in the manner provided for under this Agreement. There shall be no other school and park contributions required for the Residential Parcel and there shall be no school or park contributions required or made for the Commercial Parcel . 14. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the Residential Parcel, DEVELOPER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at not more than three (3 ) locations at any time within the corporate limits of the CITY as DEVELOPER may designate (individually an "Offsite Sign" and collectively the CHO1 / 12390295. 13 19 "Offsite Signs") subject to sign permit review and issuance by the CITY. Offsite Signs will not be located on public right-of-way. DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs . Each Offsite Sign may be illuminated subject to approval by the CITY . In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the Residential Parcel as identified in Exhibit "J" attached hereto . 15. MODEL HOMES, PRODUCTION UNITS AND SALES TRAILERS, During the development and build out period of the Residential Parcel (subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the Residential Parcel staffed with OWNERS ' and DEVELOPER ' s, or such other person ' s or entity' s, sales and construction staff, and may be utilized for sales offices for Autumn Creek. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by DEVELOPER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3 ) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off- street spaces . A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking two (2) cars outside of the adjacent road right-of--way. Building permits for model homes, sales trailers and for up to fifteen ( 15) production dwelling units for each I CHOI / 12390295. 13 20 I neighborhood, which may be hereinafter designated by DEVELOPER as a separate neighborhood at the time a final plat for all or any part of that neighborhood is submitted by DEVELOPER to the CITY, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol-Kendall Fire Protection District.) A final inspection shall be conducted prior to the use of a model home and water service shall be made available within 300' 0f the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational or until temporary service is available, whichever is earlier. Use of models as a model unit only shall not be deemed to be "occupancy" thereof and may be made prior to connection to a sanitary sewer or water system, so long as temporary waste water holding tanks and temporary water facilities are installed to serve them. DEVELOPER may locate temporary sales and construction trailers upon the Residential Parcel during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of building permits for all units within the Residential Parcel , A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer the DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the CITY ' s approval . DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and j CHO1 / 12390295 . 13 21 I expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the constriction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit and shall execute and deliver to the CITY a hold harmless and indemnification agreement in form and content reasonably satisfactory to the CITY, so providing, prior to the commencement of construction of any model homes . DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each neighborhood. 16. CONTRACTORS ' TRAILERS . The CITY agrees that from and after the date of execution of this Agreement, contractor' s and subcontractor' s supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNERS and DEVELOPER for development purposes . Said trailers shall be removed from each of the Residential Parcel and the Commercial Parcel , respectively, within thirty (30) days after issuance of the last occupancy permit for each such parcel, subject to force majeure. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor' s trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris . No contractor' s trailers or supply trailers will be located within dedicated right-of-wain. 17. CERTIFICATES OF OCCUPANCY, A . The CITY shall issue certificates of occupancy for buildings and dwelling units constructed on the SUBJECT PROPERTY or any parcel or phase thereof within five (5 ) working days after proper application therefor or within five (5) working days after the receipt of the last I I CHOI/ 12390295 . 13 22 w of the documents or information required to support such application, whichever is later. If the application is disapproved, the CITY shall provide the applicant within five (5) working days after receipt of the application and all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. The CITY agrees to issue such certificates of occupancy upon the applicant' s compliance with those requirements of law so specified by the CITY. The CITY, at its expense, shall retain the services of such consultants and/or hire such employees as may be necessary to ensure that the CITY is able to fixlfill its obligations under this Subsection. The foregoing, however, shall not negate the obligation of OWNERS and/or DEVELOPER to pay all fees otherwise payable for services rendered in connection with the issuance of certificates of occupancy under applicable CITY ordinances . B . Notwithstanding the foregoing, certificates of occupancy shall be issued by the CITY for buildings Emd dwelling units whose driveway and/or sidewalk paving and grading improvements have not been completely finished due to adverse weather conditions subject to the following understandings : (i) if a certificate of occupancy is issued for such a building or dwelling unit and a party fails to complete the driveway and/or sidewalk paving or grading improvements for such building or dwelling unit as soon as weather permits but in any event by the following summer, the CITY shall have the right to withhold the issuance of further building permits to such party until such exterior work has been completed; (ii) with respect to the last phase of development on the SUBJECT PROPERTY, for any building or dwelling unit for which a certificate of occupancy has been issued with incomplete exterior conditions, adequate security, which may tie by a bulk surety in the form of a letter of credit or surety bond, shall be CHO1 / 12390295 . 13 23 posted with the CITY to ensure the completion of such work; and (iii) the CITY is hereby granted rights of access to the applicable phase of the SUBJECT PROPERTY so that, if necessary, the CITY can complete such work. Notwithstanding the foregoing, if the provisions of (i) above apply but if the party that failed to complete the driveway and/or sidewalk paving or grading improvements posts Security with the CITY in the amount of one hundred ten percent ( 110%) of the amount estimated by OWNERS and/or DEVELOPER and approved by the CITY to be needed to complete such improvements or to effect such corrections, the CITY shall not withhold the issuance of such building permits or certificates of occupancy. Under no circumstances shall the failure of Commonwealth Edison or another utility company to energize street lights installed by OWNERS and/or DEVELOPER within a given Phase of development on the SUBJECT PROPERTY constitute a basis for the CITY denying the issuance of building permits or a certificate of occupancy for buildings and dwelling units constructed or to be constructed within such Phase of the SUBJECT PROPERTY . 18. IMPROVEMENTS BENEFITING OTHER PROPERTIES . In the event oversizing and/or deepening of public improvements is hereafter requested and properly authorized by the CITY for the purpose of serving property other than the SUBJECT PROPERTY, or in the event any public improvements installed by DEVELOPER or OWNERS benefit property other than this SUBJECT PROPERTY, even if not oversized or deepened, the CITY shall enter into a Recapture Agreement, as defined in Section 22(A) hereof, with OWNERS and DEVELOPER providing for the payment of the cost of such oversizing or the prorata portion of the costs of any improvements benefiting the properties by the owners of properties benefited by the same. The improvements which qualify as oversized or as benefiting other properties and the identity of the benefited properties (by location map and/or permanent CHO1 / 12390295 . 13 24 E index number shall be identified at the time of approval of Final Engineering for each phase of C development . A phase may include more than one neighborhood. In addition, if DEVELOPER designs and installs the Hamman Sewer Alternative described in Section S . C . hereof, the Recapture Agreement shall provide that one hundred percent ( 100%) of the costs expended by DEVELOPER in desilMing and installing the Harriman Sewer Alternative shall be recovered from the other properties benefiting therefrom with each paying its prorata portion of the one hundred percent ( 1000/6) . 190 LIMITATIONS . In no event, including, without limitation, the exercise of the authority granted in Chapter 65 , Section 5/ 11 - 12- 8 of the Illinois Compiled Statutes (2002) ed. , shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary PUD Plan. 20 , ESTA13LISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS . At the OWNERS ' and/or DEVELOPER' s request, the CITY shall establish a special service area ("SSA") to be utilized as a primary funding mechanism for installation of on-site and off-site public improvements, including, without limitation, potable water, fire flow and/or water storage facilities, roads, storm water facilities (i . e. , storm water sewers, collection and conveyance improvements, detention ponds if they benefit off-site properties), sanitary sewer facilities and other public improvements . The CITY, OWNERS and/or DEVELOPER shall cooperate in good faith to identify and agree on an appropriate structure for the financing, which the CITY and DEVELOPER currently believe will consist of an SSA pursuant to 35 ILCS 200/27-5 et se . , but which may be authorized and implemented under other legal frameworks acceptable to the CHOI / 12390295 . 13 25 CITY, OWNERS and/or DEVELOPER. The burden of the assessment is limited to Sixteen Million Dollars ($ 16,000,000) and shall be paid by only those future property owners within the SUBJECT PROPERTY, except for the Commercial Parcel. 210 BANK: QUALIFIED DEBT. The parties recognize that the CITY is eligible to issue Ten Million Doi'.lars ($ 10,000 ,000 . 00) per year in bank qualified debt. The CITY wants to preserve the right to issue debt in excess of this amount. The parties understand that if the CITY issues debt in an amount greater than $ 10 ,000 ,000 ("Non-Bank Debt") in a given year including special assessment bonds, then the Non-Bank Debt will be subject to a general market interest rate as opposed to a bank qualified interest rate. The parties further understand that the general market interest rate may be higher than the bank qualified interest rate. DEVELOPER. agrees that in the event that the Bonds are issued in any calendar year and the CITY in that same calendar year determines in its sole discretion that it must issue Non-Bank Debt because of the issuance of the Bonds, then DEVELOPER shall pay any additional costs associated with the CITY' s Non-Bank Debt that results from the issuance of the Bonds, including but not limited to additional financing costs . If in the same calendar year the CITY issues special assessment bonds for another developer, DEVELOPER shall pay its pro-rata share of the additional costs incurred by the CITY to issue Non-Bank Debt based on the amount of its bond issue in proportion to the total amount of special assessment bonds issued in that calendar year. This pro-rata share shall be determined at the end of the calendar year in which the Non-Bank Debt is issued by the CITY. Payment of the share shall be a one time payment and shall be equal to the present value of the additional cost incurred by the CITY calculated by using the true interest rate on the CITY' s Non-Bank Bonds. For purposes of calculating the additional cost incurred by the CITY, the general market interest rate and bank qualified interest CHOI/ 12390295 . 13 26 rate shall be as reported by Griffin, Kubik, Stephens & Thompson, Inc. ("GKST"), 300 Sears 'Tower, 233 South Wacker Drive, Chicago, IL 60606, or as otherwise agreed by the parties . 'These rates shall be determined as of the date that the Non-Bank Debt is issued by the CITY . As of the date of this Agreement, GKST reports the current general market interest rates and bank qualified interest rates on its web site located at www. gkst. com under the section entitled "Market Card. " 22 . RECAPTURE AGREEMENTS . A . Benefiting the SUBJECT PROPERTY. The CITY agrees that in accordance with Chapter 65 , Section 5/9- 5 - 1 et. seq . of the Illinois Compiled Statutes, 2002 Edition, the CITY shall enter into recapture agreements with the OWNERS and DEVELOPER for a portion of the costs of certain public improvements constructed by OWNERS and DEVELOPER which the CITY has determined may be used for the benefit of property ("Benefited Properties") not located within the SUBJECT PROPERTY which will connect to and/or utilize said public improvements . In addition, if DEVELOPER designs and installs the Hamman Sewer Alternative described in Section '5 . C . hereof, the Recapture Agreement shall provide that one hundred percent ( 100%) of the costs expended by DEVELOPER in designing and installing the Hamman Sewer Alternative shall be recovered from the other properties benefiting therefrom with each paying its prorata portion of the one hundred percent ( 100%) . Each Recapture Agreement shall be substantially in the form as attached hereto and incorporated herein as Exhibit "K" . B . Encumbering the SUBJECT PROPERTY. Except for a recapture which may become due to MPI Development, owner of the property to the east of the SUBJECT PROPERTY for improvements installed by MPI which benefit the SUBJECT PROPERTY, there are currently no recapture agreements or recapture ordinances affecting public utilities which CHOI / 12390295. 13 27 will be utilized to service the SUBJECT PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNERS and DEVELOPER, or their successors, upon connection of the SUBJECT PROPERTY to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will affect the SUBJECT PROPERTY9 23 , COMMENCEMENT OF IMPROVEMENTS . A . The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the commencement of construction of utility improvements on their respective parcels on the SUBJECT PROPERTY or any Parcel or Phase thereof at the sole risk and cost of OWNERS and/or DEVELOPER prior to : (i) approval of a final plat of subdivision; or (ii) construction of the CITY utility improvements, provided: ( 1 ) such construction is undertaken at the risk of the party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved 'by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed; (3 ) the preliminary subdivision plat for the Phase upon which the improvements are being constructed has been approved by the CITY ; (4) the IEPA and the sanitary district that will serve their respective parcels of the SUBJECT PROPERTY , as and if applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase on which the improvements are being constructed . The CITY agrees to review and, where appropriate, execute IEPA sewer and water permit applications separate and apart from the review of final engineering plans so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering plans ; and (5) the construction complies with the CITY ' S then existing soil erosion ordinances. OWNERS and DEVELOPER CHO1 / 12390295. 13 28 shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because another governmental agency takes action against the CITY after OWNERS and/or DEVELOPER undertake development activities on either of their respective parcels pursuant to the provisions of this Subsection 23 (A) . B . The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the commencement of mass earthwork and grading on their respective parcels of the SUBJECT PROPERTY or any Parcel or Phase thereof prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, that OWNERS and/or DEVELOPER has submitted mass grading and erosion control plans to the CITY at least thirty (30) days prior to the commencement of such mass earthwork and grading and complies with the erosion control ordinance of the CITY . C . The CTTY shall issue permits to OWNERS and/or DEVELOPER to authorize the commencement of construction and installation of building foundations on the Residential Parcel prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, that DEVELOPER have provided for all-weather access to such Lots on which building foundations are being constructed and installed, in the form of aggregate driveways . Any such installation of foundations prior to acceptance of a final plat of subdivision and final engineering by the CITY shall be at DEVELOPER' S sole risk. Issuance of building permits by the CITY pursuant to this Section shall not be deemed to guaranty the approval by the CITY of any final plat or engineering for the SUBJECT PROPERTY then under review . D . Notwithstanding the foregoing, the SUBJECT PROPERTY or any portion thereof may continue to be used for agricultural and nursery uses as interim uses until the relevant CHOI / 12390295 . 13 29 portion of the SUBJECT PROPERTY is actually developed. Such uses shall constitute legal , non-conforming uses of the SUBJECT PROPERTY . 24. COVENANTS. In lieu of any architectural control ordinances adopted by the CITY, the DEVELOPER agrees to impose covenants, conditions and restrictions relating to fagade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit of the Residential Parcel. Further, DEVELOPER agrees to follow the anti-monotony policy of DEVELOPER for single-family detached homes attached hereto as Exhibit N regarding the exterior elevations of the buildings. DEVELOPER shall include provisions in the covenants to provide that the Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the Residential Parcel , and other obligations as determined at the time of final platting and as referenced in this Agreement . 25, HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA (DSSA). A. Homeowners Association. DEVELOPER shall establish through a declaration of covenants, conditions and restrictions, a Homeowners Association ("Association") of all lot owners within the Residential Parcel and a mandatory membership of all lot owners in the Association within the Residential Parcel . The Association shall have the primary responsibility and duty to carry out and pay for the maintenance of Common Facilities (defined below) through assessments levied against all dwelling units within the Residential Parcel . A maintenance easement shall be established over all of the Common Facilities located on the final plat for each Phase of Development for the Association that undertakes responsibility for the Common Facilities Maintenance. The Association will be responsible for the regular care, maintenance, CH01 / 12390295 . 13 30 r renewal and replacement of the Common Facilities including stormwater detention areas and other open spaces within the Residential Parcel and for the yards and buildings on the private lots on which townhomes are constructed . The maintenance described herein shall include, without limitation, the mowing; and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and for the maintenance and repair of townhomes on the townhome lots and shall utilize the Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements and shall otherwise comply with the CITY' s Property Maintenance Standards and Landscape Ordinance. The Common Facilities are depicted on Exhibit "L" attached hereto . DEVELOPER may covenant with the OWNERS for the sharing of the costs of maintenance of any storm water management facilities on the Residential Parcel that benefit the Commercial Parcel . B . Dormant Special Service Area. DEVELOPER agrees to the CITY enacting at the time of final plat approvals a Dormant Special Service Area (DSSA) to act as a back up in the event that the Homeowner' s Association fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage within the Residential Parcel . 26. ONSITE EASEMENTS AND IMPROVEMENTS . In the event that during the development of the SUBJECT PROPERTY, OWNERS or DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of their obligation for their respective parcels of the SUBJECT PROPERTY in accordance with the Preliminary PUD Plan, the CITY shall fully cooperate with OWNERS and DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs CHOU 12390295 . 13 31 f C incurred in furtherance thereof shall be borne by the OWNERS and DEVELOPER. If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is i subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY as reflected on the Preliminary PUD Plan and in this Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNERS or DEVELOPER, as the case may be. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNERS and DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located on their respective parcels unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the OWNERS and/or DEVELOPER as stated in Exhibit "M", the CITY agrees to be the lead agency in the relocation of those utilities . Upon OWNERS and/or DEVELOPER' s request, the CITY will make the request to have overhead utilities relocated. In the event there is a cost to the OWNERS and/or DEVELOPER associated with burying what had been overhead utility lines, the OWNERS and/or DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead . The costs of burying any existing overhead utility lines which are on the Residential Parcel or the Commercial Parcel shall be paid by OWNERS and/or DEVELOPER, as the case may be. The costs of burying any other existing overhead utility lines shall be paid by the CITY . 27. WETLANDS AND STORMWATER DETENTION . The Residential Parcel contains two wetland areas, one being an area within the Blackberry Creek corridor which is under the jurisdiction of the Army Corps of Engineers and the other being an area located south CHO1 / 12390295 . 13 32 of Kennedy Road which is not under the jurisdiction of the Army Corps of Engineers nor under the jurisdiction of the MRCS (the "Wetland Areas") , as such areas are identified on Exhibit "D" attached hereto . DEVELOPER' s plan for the development of the Residential Parcel will not adversely impact the Wetland Areas within the Blackberry Creek corridor. A portion of the Wetland Area located south of Kennedy Road will be incorporated into the site stormwater management plan with. a large stormwater management facility constructed immediately east of the existing wetland and shall be owned and maintained by the homeowner ' s association established by DEVELOPER for the Residential Parcel . The Blackberry Creek corridor will not be adversely impacted and will undergo vegetative and habitat enhancements, and title to the area within the Blackberry Creek corridor will be conveyed to the CITY upon completion of work herein described.. The parties acknowledge that the enhancements to the Wetland Areas, including, but not limited to the wet bottom detention facilities, infiltration swales and a comprehensive erosion control plan, and additional applicable best management practices, shall adequately mitigate for any activities of DEVELOPER associated with the implementation of the proposed stormwater management plan for the SUBJECT PROPERTY . The outfall release of stormwater to Blackberry Creek shall be allowed pursuant to the Utilities and Public Improvement Plans attached as Exhibit E- I . 28. ROUTE 34 CURB CUTS . The CITY agrees to cooperate with OWNERS in an effort to procure and execute permits from the appropriate governmental agencies with jurisdiction to allow the construction of a minimum of two (2) curb cuts and street access on Route 34 to the Commercial Parcel . The location of the curb cuts will be determined by OWNERS and/or DEVELOPER, subject to the approval of the CITY and any other governmental agencies with jurisdiction. OWNERS acknowledge that IDOT, and not the CITY, CHO1 / 12390295 . 13 33 shall have ultimate approval of the number and location of the curb cuts designed on Route 34 for the Commercial Parcel . 29. DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT PROPERTY as a development to be commonly known as Autumn Creek in accordance with the final plat and final en;;ineering approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNERS or DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 30. CONFLICT IN REGULATIONS . The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 31 . ECONOMIC INCENTIVE AGREEMENT. It is the intention of OWNER/DEVELOPER, that to the greatest extent possible, the costs of the installation of on- site and off-site public improvements for the Subject Property be funded by a Special Service Area comprised of the Residential Parcel, but which excludes the Commercial Parcel, as produced in Section 20 of the Annexation Agreement. At the request of OWNER and/or DEVELOPER, CITY shall enter into an Economic Incentive Agreement pursuant to 65 ILCS 5/8/ 11 /20 and shall enter at all ordinances and execute all other agreements in connection therewith which may be necessary to reimburse OWNER/DEVELOPER or its assigns for the design and installation of those public improvements (the "Commercial Project Improvements ") within or abutting the Commercial Parcel which (i) are directly attributable to the Commercial Parcel[ and (ii) do not qualify to be funded by the special service area established for the Residential Parcel under the provisions of paragraph 20 of this Annexation Agreement. The terms of the Economic Incentive Agreement shall contain the following provisions : CH01 / 12390295 . 13 34 1 . The costs of the Commercial Project Improvements (the "Project Improvement Costs") for which O"ER/DEVELOPER or its assigns shall be reimbursed shall include costs of design and engineering, land dedication, construction interest paid during construction, permit fees, inspection fees, insurance premiums and bonds and amounts paid to contractors, subcontractors and suppliers for labor, material, and equipment used in constructing and installing the Commercial Project Improvements which shall not exceed $ 5775000. 00 . 2 . The arnount for which OWNER/DEVELOPER and their assigns may be reimbursed (the "Reimbursement Amount") shall consist of the Project Improvement Costs plus interest at the rate of 5 % per annum from the date any Project Improvement Cost is expended (as evidenced by contractor' s sworn statements and waivers) to the date of reimbursement. 3 . The commencement date for reimbursement shall be the date of issuance of a certificate of occupancy for the operation of the first retail store operating on the Commercial Property. The termination date after which time the CITY shall no longer be required to make any reimbursement payments to O"ER/DEVELOPER or its assigns shall bC 15 years after the date of this Annexation Agreement provided that O`JVNEWDEVELOPER or its assigns must start construction (i . e. obtaining development permits and grading the Commercial Site) CHO1 / 12390295 . 13 35 within two years after the date of this Annexation Agreement. If event construction does not start within said two year period, the termination date shall be accelerated by one day for each day the commencement date is delayed after such two year period. 4 . During the reimbursement period the CITY shall pay to OWNE,IRJDEVELOPER or its assigns one-half of any taxes imposed by the State of Illinois as a retailer' s occupation tax or a retailer' s service occupation tax or any other sales tax or successor tax which may be enacted by the State of Illinois as replacement thereto that are generated by the operation of any retail stores operating on the Commercial Parcel and are distributed to the CITY by the Illinois Department of Revenue. Such payments shall be made until the first to occur of the following: (i) OWNER/DEVELOPER has been fully reimbursed for the Reimbursement Amount (including interest) , (ii) the termination date of the Economic Incentive Agreement. Thereafter the CITY shall have no further obligation to make any payments under this Agreement to OWNER/DEVELOPER or their assigns . 32 . CITY ASSISTANCE . The CITY agrees to cooperate and provide any reasonable assistance requested by OWNERS and DEVELOPER in applying for and obtaining any and all approvals or permits necessary for the development of the SUBJECT PROPERTY, including, but not limited to those required from the Illinois Environmental Protection Agency, the Army Corps of Engineers, the Federal Emergency Management Agency, the United States CHOI / 12390295 . 13 36 I Environmental Protection Agency, IDOT, the Illinois Department of Natural Resources, Bristol Township, the United City of Yorkville Park Board and Yorkville Community Unit School District 115 . The CITY further agrees to reasonably cooperate with OWNERS and/or DEVELOPER in obtaiining all permits and approvals required by the applicable sanitary district, the County of Kendall and all other governmental units in connection with the contemplated development of the SUBJECT PROPERTY or any Phase thereof. DEVELOPER may proceed with grading and installation of public improvements after CITY ' s approval of final engineering or other documentation called for hereunder and with the construction of homes prior to the issuance of access permits or other permits required for the development by Illinois Department of Transportation ("IDOT"), so long as such access permits have been applied for, and the CITY shall not delay the processing or approval of such engineering or documentation or the issuance of building permits for the reason that IDOT permit(s) have not yet been issued. 33 . ADDP;ESSES . Within fourteen ( 14) days after the final plat of subdivision for any phase of the Residential Parcel is approved, CITY will provide DEVELOPER with the addresses of all lots within that phase for the purpose of expediting the process of obtaining utility installations by the applicable utility company or companies . 34 . SUBSEQUENT AMENDMENTS . It is understood and agreed that subsequent amendments of this Agreement, may be obtained solely by the owner of any portion or Phase of the SUBJECT PROPERTY and the CITY as to such portion or Phase without any action or approval of the owners of other portions of the SUBJECT PROPERTY if such amendments do not affect the rights, duties or obligations of the owners of the balance of the SUBJECT PROPERTY not included in the aforedescribed amendments without any action or approval of CHO1 / 12390295 . 13 37 i the owners of other portions of the SUBJECT PROPERTY . Rezoning or an amendment of the Planned Development may be applied for and processed by the CITY without requiring an amendment of this Agreement. 35. "RIGHT TO FARM" LANGUAGE . The OWNERS and/or DEVELOPER of the property acknowledges that Kendall County has a long, rich tradition in agriculture and respects the role that farming continues to play in shaping the economic viability of the county (zoning indicator A4 or Ag Special Use), normal agricultural practices may result in occasional smells, dust, sights, noise and unique hours of operation that are not typical in other zoning areas. The OWNERS and/or DEVELOPER of the property agree to incorporate the "Right to Farm" language on the Finah Plat of Subdivision and incorporate similar language within such other documents governing the subdivision if any property adjacent thereto is used or operated as a farm. 36. RESPONSIBILITIES OF OWNER AND DEVELOPER. The OWNERS shall not be required to perForm any of the obligations under this Agreement so long as OWNERS are passive title holders in the SUBJECT PROPERTY and do not act as a developer. Upon the transfer of OWNER' S rights, title or interest in the Residential Parcel or any portion thereof to DEVELOPER, the covenants and obligations of OWNERS and DEVELOPER hereunder as to such portion shall be performed by DEVELOPER. Upon the transfer of OWNERS ' rights, title and interest in the Commercial Parcel or any portion thereof to the COMMERCIAL DEVELOPER, then the obligations of OWNERS hereunder as to such portion shall be performed by the COMMERCIAL DEVELOPER. Until such time as any portion of the Residential Parcel or the Commercial Parcel is transferred to DEVELOPER or the COMMERCIAL DEVELOPER, the obligations hereunder as to such portion shall not be CHO1 / 12390295 . 13 38 required to be performed by DEVELOPER or COMMERCIAL DEVELOPER, as the case may be. The CITY agrees that the OWNERS and DEVELOPER are exculpated from any personal liability or obligation to perform the commitments and obligations set forth herein as to any phase of the SUBJECT PROPERTY for which they do not act as developer and that the CITY will look solely to the party who develops such phase for such performance . 37 . OWNER' S CONTINUED OPERATIONS . OWNER shall be permitted to continue the operation of a nursery upon all or any part of the SUBJECT PROPERTY as a nursery each such part is developed pursuant to this Agreement. CITY agrees that during the pendency of any such operations, (i) no municipal sales tax shall be sought or collected by CITY from OWNER for any sales of nursery stock from or upon the SUBJECT PROPERTY and (ii) OWNER may extend and use a temporary water line from the potable water main to be located within Route .34 for purposes of watering the nursery stock of OWNER, and shall not be charged for water use. 38 . GENERAL PROVISIONS . A. 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. B . Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS , 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 each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CH01 / 12390295 . 13 39 CITY . The obligations of OWNERS hereunder with respect to the Commercial Parcel shall be binding on and inure to the benefit of any COMMERCIAL DEVELOPER of the Commercial Parcel . The foregoing; to the contrary notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit in the Residential Parcel who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C . All Terms and Conditions Contained Herein. 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. D . Notices . Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows : (I) If to OWNERS : Richard J . Theidel, Common Owner Hinsdale Nurseries 7200 South Madison Willowbrook, Illinois 60527 Fax : (630) 323 -0918 CH01 / 12390295 . 13 40 with copies to : Jostock & Jostock 20 North Wacker Drive Suite 3800 Chicago, Illinois 60606 Attention : Eric H . Jostock, Esq . Tele: (312) 236- 8822 Fax : (312) 782-9890 (II) If to DEVELOPER : Pulte Home Corporation 2250 Point Boulevard Suite 401 Elgin, Illinois 60123 Attention: Brian Brunhofer Tele : (847) 841 -3500 Fax : (847) 783 -0892 with a copy to : Gardner Carton & Douglas 191 North Wacker Drive Suite 3700 Chicago, Illinois 60606 Attention : Charles L. Byrum Tele: (312) 5694222 Fax : (312) 569-3222 (I11) If to CITY . United City of Yorkville Attn : City Clerk 800 Game Farm Road Yorkville, IL 60560 Tele: (630) 5534350 Fax : (630) 553 -7575 with a copy to : United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn : John Wyeth, Esq. Attorney for United City of Yorkville Tele : (630) 553 -4350 Fax : (630) 553 -8330 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties . CHO1 / 12390295 . 13 41 E . Severabil�, This Agreement is entered into pursuant to the provisions of Chapter 65 , Sec. 5/ 11 - 15 . 1 - 1 , et seq. , Illinois Compiled Statutes (2002 ed. ) . In the event any part 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 Aggeement 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 and OWNERS 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, F . Agreement. This Agreement, and any Exhibits or attachments hereto, may be 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 effected by such Agreement. G . Conve rances . Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY, whether improved or unimproved. H . Necessary Ordinances and Resolutions . The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law . The CITY agrees to CH01 / 12390295 . 13 42 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. I . Term of Agreement. The term of this Agreement shall be twenty (20) years from the date of execution of this Agreement. 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/OWNERS . J . 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. K. Re .qg. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at DEVELOPER' s expense. L. 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 shall constitute substantive provisions of this Agreement. M . 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. N . No Moratorium. The CITY shall not limit the number of building or other permits that may be; applied for within any approved 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 . Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental CHO1 / 12390295 . 13 43 Protection Agency, Yorkville-Bristol Sanitary District, or Fox Metro Water Reclamation District or any other governmental agency that preempts the authority of the United City of Yorkville. O . 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 . P . Le ag_l _Malleng_es . If for any reason and at any time, the annexation of the SUBJECT PROPERTY to the CITY is legally challenged by any person or entity by an action at law or in equity, the CITY shall : (i) cooperate with OWNERS and/or DEVELOPERS in the vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the SUBJECT PROPERTY and/or other properties to the CITY so that the annexation of the SUBJECT PROPERTY to the CITY can be sustained and/or effected . Q. Major rind Minor Modifications . Any modification to any approved preliminary or final plats of subdivision and engineering plans, which are deemed to be minor modifications, may be approved by the CITY Administrator (following review and approval by the CITY Engineer) without requiring a public hearing and without formal amendment to the Planned Development approved for the SUBJECT PROPERTY or this AGREEMENT. Modifications necessary to solve engineering, layout and/or design problems shall be deemed to be minor modifications so long; as such modifications do not change the essential character of the preliminary or final plats of subdivision or engineering plans or increase the total number of dwelling units allowed on the SUBJECT PROPERTY. Any revisions to a preliminary or final plat of subdivision or engineering plan, which if determined by the CITY to be major modifications, shall require review by the CITY ' s Planning Commission and approval by the CH01 / 12390295 . 13 44 CITY Council . In no event shall such major modification require an amendment to this AGREEMENT . R. 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 and OWNERS , including, but not limited to, county, state or federal regulatory bodies . S . Effectiveness . This Agreement shall be subject to and shall take effect after the consummation of the transaction between OWNERS and DEVELOPER for the sale of any portion of the Residential Parcel by OWNERS to DEVELOPER. { SIGNATURE PAGE TO FOLLOW } CHO1 / 12390295 . 13 45 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNERS : CITY : RICHARD . THEIDEL Wd made $ TA BANK NATIONAL UNITED CITY OF YORKVILLE, ASSOCIATION, AS SUCCESSOR an Illinois municipal corporation TRUSTEE UNDER TRUST AGREEMENT DATED FEBRUARY 15 , 1977 AND KNOWN AS TRUST . NO , 4198 By. i By: Vii. tv- Title: Mayor Name: h Its �vust Officer Title: ' y Cl DEVELOPER: PULTE HOME CORPORATION By: i J Name : i To,2 Its : Vii !fin G N <-f/4,r, By.)� Name: rev l C . cj�/t I �-2 Its : /� ,�?�✓�/� G- CHO1 / 12390295 . 13 46 LASALLE BANK NATIONAL ASSOCIATION LAND TRUST DEPARTMENT RIDER - GENERAL EXCULPATORY RIDER This instrument is executed by LaSalle Bank National Association, not personally, but solely as Trustee, as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee . All terms, provisions, stipulations, covenants and conditions to be performed by LaSalle Bank National Association are undertaken by it solely as Trustee, as aforesaid, and not individually and all statements herein are made on information and belief and are to be construed accordingly, and no personal liability shall be asserted or be enforceable against LaSalle Bank National Association by reason of any of the terms, provisions, stipulations, covenants, indemnifications, warranties and/or statements contained in this instrument. LIST OF EXHIBITS EXHIBIT "A" : Legal Descriptions and Plat of Annexation of SUBJECT PROPERTY EXHIBIT "B" : Depiction and Legal Description of Residential Parcel EXHIBIT "B1 " : Depiction and Legal Description of R-2 Residential Parcel EXHIBIT 44B2" : Depiction and Legal Description of R-3 Residential Parcel EXHIBIT "C" : Depiction and Legal Description of B-3 Commercial Parcel EXHIBIT "D" : Preliminary PUD Plan EXHIBIT "E" : List of Variations EXHIBIT "El " : Utilities and Public Improvements EXHIBIT `B2" : Off--Site Streets and Improvements EXHIBIT "F" : :List of Current City Building Codes EXHIBIT "G" : :Fee Schedule EXHIBIT "H" : School Contribution EXHIBIT "I" : :Park Contribution EXHIBIT "J" : Signage EXHIBIT "K" : Form Recapture Agreement EXHIBIT "L" : Common Facilities EXHIBIT "M" : Perimeter Roads for which Developer has responsibility EXHIBIT "N" Pulte Anti-Monotony Policy CHOI / 12390295 . 13 47 EXHIBIT "A" LEGAL DESCRIPTIONS AND PLAT OF ANNEXATION OF SUBJECT PROPERTY CH01 / 12390295 . 13 48 FOR pq .qlp OWKR: OOSER EP1EROPISES NC UPS TO ANC PIN, ax e,-451001 OMGR FEET VICINITY MAP LOAN IF X87°nluululllllr//I/i//lul/u/umvuul°) 0 A ( YORKVILLE , IL ) a.xse Ter fie N 31 DAD 43 AL d1 35 34 Z An V.,L3.a AS 'AN ye P fO.A It/ ' ANIF -__� .y.. �NII AT U.St It OWNER PI.. x-15.351-001 "- i. " o/p SITE I C Up CID OWNER LAOSSATIR fINTURPLOSES 0 Y, Pik, 02 15-451MI 0 / - ?//1 126 -' 4. Co O 'r9 <` O` SCALE r' • .100 FEET • 0.ca N '154.4.4.4.4.4. %/ / : K, 1/1 ® N�D.c N IDLE.' ®L% �Q o4.aavx .MO TO THE OIr w .d".ME WI OP. "°•" sI w I.K ,' 'll! dAf -' p I, 'F E 1 �t ( •�L-`- OKI ON LANE CAL �Oi <y III 'A� � tlELO' Vt O, S AT AT IPCN poi IONO O 4$a , 'ra3 jZ ALL. '•[ 1. 0.x3'5`- ,� V` ",` c G' Up w'mcts`a $ \ M4 Ahy' ,BIRD \Q OGp\ '`b. Yp MCI OF CMI&I 13'24 0 "£` - o• r,5yo . AT N550 `r LJ A, 0. 53',Lcolc. `��.L-? PARCEL 3 D 46 T 'A HEREBY 5 \S9o\ q ° c% � r, ' IO FIND ANNEXEDL.E G. ro EXCEPTION G� `rL,N o L4. TO PAI 3 [�� LP .9a ,'O Z > o. EN l O CNYNT" X. pp r t9a S7 C` OWNER:MPINx YORXV LE SMx 1LLC A"` \ 401 p P. , . 0x.27-x51 OO4 AT v O vt o'' /,pVd is+Fj. � t F`� ESPARTA s . ... ox-axx>o-M1 ^NE ° 1o • G�/`?° dry, R4 r'Ng 5 � �,. cP. F SIT 0 AD 90 � c�`1J~ Ej/ AND •ir.�3,�;: . �A d N4'a c^ ',,* 9 (� i 2528 X ,sr rxux o �4 � � ONJIN�'oIF y�i..5 dyG%d� pJa O Q�� ' ..•CCCC * N� F �+ v rLm UTS A, IT T' 3�1/4.)l O 521 O oR'', i xP //1 11�E 11 °0, �T, ti G. c' d. �y A o\ E� EL PI NL 02 22 300 JI a. Ag° 6 sArt. N �rA. �h1 S 50:0 a„' PP T d r a 1 KA R K A Ii IT G Y // A.cn C\ 1Ea A // AS,GENERAL NOTES: / " ..1I 441 °J AN // •` O G:.' 1 oiaOD,:UEPARTS T,nwLOInN IN au AND � bGjGO\ x WIRE. DEED DESCRIPTION AND SITE a0 aA sw', "wE:oa .": oi3 R GIVEN IEi THIS 0 .xE SNfN '' G L 5 ��FRAIL y1 %P x /A] ONCE O DISCUSSED SHALL 6L DERIVED .x2 / / a`� Dx 55 PPP Per 1DA F ILv ��O p ' % \ F92 5 rD o 114. TsOj Ni 0 D[E +"5rR` a",°'�'M� PLAN REFERENCE: 4.11 O ,r. fRIF Solt R do RO O Pr pld' OF s,NW. RS DATED RV Y 29 P. xroR,.,ILL AID (SLASH .PI Cnv.a R 4:. v �v 10 c� 51r*ta rEf o � P' ��5 G:% C �v 3,E THE [mI DATE or w 29 P86 [. AL AT \ H AI OF SURVEY PREPARED x. WkMuL SAID THORNY, na - E drE ea d�a�G tlLsFrlR°,N GO / . . '� THE EC DATE or x vETMx x, 1Naz OWNER DERIVED .I. AND CMM s. LNMM ,,.,�,y x ` Ix.. 07-n,.IOO.Ow L E g nE 86`Y 1�6DO dd f,� TH 6 �/ •/ ��, PARCEL AREAS t p/,L A11Np�A 0 M1,,e 'S /% P ecEL d � D t VII o.D vRESVlrnve e4, I 1, AT, SD. n A[RL ,1 �'D$A1. GROSS ARE RED LAILOO. R, $0, 1669312 ACR 251_ / C 6`L�` Pry ARCL1 AREA 11 P n XIERCE, ' O ,BJ'x 'O // /O1AO ARC P [SCP .°. $60. ESa S0. 4.1, 11. 6E ALPL . / M1 �'AIS'`. OWNER ISTIEN AXORO DROSS AREA 3_. 106, 377. 631 S ACRI 51 -, 2x-430.00 [" / j,HEAT / 6 FISCAL CI ERGS) AREA [ 481. 035. 361 SO 34. 002 INSIST OPTS Etlf WQ ST LP01A AREA 3a.e92 56 n II ACRES A PARCEL 5. AREA 117111 AS D .LOSS AREA . . DIG Piu' xO1 caTrnerrNr 12305 (111 I1,5213o-1 ,W..O S. C c4 7 , RUT MI OF ¢na ¢, T¢ 31 vTK u 2 Cal w M ' 14N k Orxor.¢I® a lM ' mAdMV AATTR RUT POT w TWA 3MIx 1 f OFF Ke< a .a w4. �1 w ,K ulxL¢lwl Twos MT1 u¢ a ¢ M n NT' OF TO ». 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OR vw. =IN THIS COT O FE VWXYLAY, 11.1 WIP.ATTACKED 10 UNITU CITY-EA ' MaO1 3 M OTKO w IN T�0 FMIM,K¢RL 0Aw1EY Io THE ,On SWaAMMMIPIi� OAS s mai�KE NO OEMHAR . ILLINOIS "C iKR1wb w, ,nd a m 10 mwT U MII.P..K Od2a P Nral¢I THE O Y Owdi�', AVa CITY KMNOS M1wx °w FAVORS o aufi»::nE%r um 2°152 K morn u N m.Mtx KE D 4 UT LOFM My WiKRi31w: a wD an¢ ARC Fo Al OWN DAt UNTIED E . «m�..illi.E iuinli w K0003 ALN iK aN K OF ART MUn SOOR. o ROW I ¢I HAS _ r .K f TOMn nwKR ¢ uaa a, m0 T Tai .Tx M LMT 10M Ed I ll 3. SAME n row �m "RE vP PH RAW „ A°IEOON,. ,L,IWI3. _ _ a�M13'..' 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E .a3 %.vT3 ' tw I (AT wbs& TWA K tO w MWIEW 1N.EI __ I° IK .a IK MIT L MUV:,uc 0"0" FIRM LICENSE imRETAIL HAS AT n"'L,n1vo'.v:'n"K°wnv°w«.vswP„n Ow, ... Kw IF •M1.. NrA. ax.v.n,. ' Cl1ENi1 ARM auSd .0 p,run AMTS O . r Thowoe S w." 14a PULTE HOME CORPORATION DRUGS. nnc pRO3ECT No. }� >;Y " 3MI,N RPx3. 5°"• E5D ILLINOIS DIVISION sac / �EE,,:9;, i1i=R6;DD1B 2250 POINT BOULEYARO, oALN PLAT OF ANNElUT10N Sass . . 1318-epx SUITE 401 I. s/T/DS flEV15E0 PER VILLAGE COMAENTS IA cKo. DMs a SKEET 1 a I OFF ct . ELGIN, IL 60123 no. D3rE Nn013E OF REVISIONIST CHO. SCALES r A l0O FEET T4[IOCL m0rERTT DRAWING 4.w, VILE NAME pRL US/05/3005 raavuEEPPOi�wls 3855 POA,PLN EXHIBIT "B" DEPICTION AND LEGAL DESCRIPTION OF RESIDENTIAL PARCEL CH01 / 12390295 . 13 49 N87032 '28 'E 1298. 70 ' EXHIBIT B Z Ll• F ®600 E` SCALE; T • ]OD FEET ve. 0 `EA Av 4 �t18� 9-00" iA..� �4 III 3 7, 94 cl .v ¢, IN a G 1014 N1\0 A' ENT �9 51 2 ,rL i5? 5069 �62� „ 'S �� 9 Up Ilk , LION 9 a i N OF1� W A CA Pul ��0 � P � l° � \p a \'• 5p `.° sue. hg \ 56 ` \ EXCEPTION 6.MC 5ar(,5 AO . 56 i\ 65. 00' 6 42 E $ w �90 2�A O� 1 S27° 32'46' E cP, a ( III III 2J8.32' °p X55• ' I . I .>` ° 9 � I III i .. � L%• N aP��NeE�6 A Af b °I d F4 s3u IF Cr r 3 +Slr��°'"ED i r J, F �V °e.°a�HFWO o-•G d,64D`4' e+ d R PEBa�o a ', 1� '1041PR° � p e�1 V L E G A L DESCRI Pt ION -HAT PART OF THE NORTH HALF OF SECTION IS, AN PAIIT OF SECTION 22. TOWNSHIP NORTH. RANGE T, EAST OF THE THIRD PRINCIPAL MEROIN. DESCRIBED AS FOLLOWS, BEOININ AT NINE SOUTHEAST CORNER OF LOT 21, IN BRISTOL LANE SUBOIVISIOR. A000RO- INC TO THE FLAT THEREOF RECORDED AS DOCUMENT 137p3 IN PLAT BOOK ID, AT PAGE 59. ON MAY 10. )%2H THENCE WORTH 33 DEGREES 50 MIND TES N SECONDS WEST 1955.00 FEET AS MEASURED ALONG THE EAST LINE OF SAID SUBIIIVI510H4 THENCE MONTH 34 DEGREES MINUTES 37 SECONDS WEST 695.36 FEEli THENCE MR H 82 DEGREES 32 MINUTES 28 SECONDS EAST 6296.70 FEET: THENCE SWIM 36 DEGREEII SO MINUTES 56 SECONDS EAST 2185.63 FEET TO THE CENTERLINE X REMEDY READY THI.ME SWYH 39 DEGREES 54 MIN- UTES 21 SECONDS EAST 3,742.90 FEET TO THE MRIKRLY RIGHT OF WAY LINE OF U.S. ROUTE 34 PER GRANT DATED APRIL 13. 1923 AND RECORDED APRIL 18. 1923 IN BOOK 76. PACE 02, AM B' µANT DATED APRIL 7, 1923 NO RECORDED IPRIL IS. 1923 IN DEED RECORDED IN BOOK 6. PALE 30; THENCE SOUTH 55 DEGREES 12 MIN3IES 58 SECONDS WEST 2.335.09 FEET AS MEASURED ALONG SAID RIGHT W AY LIMN TRANCE NOWH JB DEGREES AS MINUTES 48 SECONDS WEST 2,024.60 REIN 1HENEE SWTH 46 OEGRES 56 MINUTES 50 SECONDS WEST 025.40 FEET; THENCE NORTH 41 DEGREES 17 MINUTES 10 711 WEST 1.803.65 70 THE CEN- YERLINE OF SAID KENNEDY ROAD; THENCE NORTH 55 DEGREES 10 MINUTES 31 SECONDS EAST 99,62 FEET AS MEASURED ALONG SAID CENTERLINEH THEIDE NORTH 55 CECAEES I3 MINUTES Z4 SECONDS LAST 627.73 FEEL AS MEASURED ALONG SAID CENTERLINE; THENCE SOUTH 41 OF DREES 26 MINUTES 57 SECONDS EAST 1.639.09 FEETH THENCE NORTH 49 DEGREES 34 MINUTES 41 SECONDS ET 1.329.42 FFFI'SNENCE ONORTH155 DEGREEEES NRTH 33 00 MINUTESE21 SECONDS EAST 24692 FEET; THENCE NORTH N DEGREES 59 MINUTES 39 SECONDS WEST 267.11 FEET 10 THE CENTERLINE OF SAID KENNEDY ROAOH INEACE SOUTH 55 DEGREES 00 MINUTES '1 SECONDS WEST 29124 FEEL AS MEASURED DCHL SAID CENTERLINE; THENCE NORTH 33 OUNCES 50 MINUTES 14 SECONDS WEST 33.00 FEET TO THE POINT O BEGINNING, DL IN FENOALL COUNTY, ILL;MIS. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PAME., THAT PART OF THIRD PRINCIPAL HLER01 N. DESCRIBED SECTION S FO2LOW5 CWWA EMIMOAT THE"SOUTHEAST CORNER OF LOT IT. IN BRISTOL LAKE SUBDIVISION. ACCORDING 10 THE PLR THEREOF RECORDED AS DOCUMENT 13I➢3 IN PLAT BOOK MAT PAGE WON MAY 10. 1%21 THEME SWIM JJ DEGREES ' 50 MINUTES N SECONDS EAST 33.W FEET TO THE UNIT ALINE OF KENNEDY ROADU THENCE NORTH 55 DECREES OD MINUTES 21 SECONDS EAST 299.54 FEEL AS MEASWEO ALONG SAID CENTERLINE: THENCE SWIM 34 DEGREES 59 MINUTES 39 LECCNDS EAST 287.11 FEET'; THENCE SOUTH 55 DEGREES 00 MINUTES 21 SECONDS WEST !A)Ggi FEETH THENCE SOUTH 33 DECREES 31 MINUTES 35 SECONDS EASY 1.329.42 FEEL THENCE SWIM O DEGREES 27 MINUTES 46 SECONDS EAST 1.247.97 SECONDS EAST FEET 65.WTOECIL THENCE SOUTH 2ID ODEGREESC3 ! MINUTES449E SECONDS EAT MINUTES .32 FEE4 THENCE SOUTH 34 DEGREES 45 MINUTES 47 SIC00i EAST 588.75 FEET 10 THE NORIH- CRLY RIGHT OF WAY LINE OT U.S. ROUTE 34 PER GRANT [ATM APRIL 13. 1923 AND RECORDED APRIL 18. 1923 IN BOW 76. PAOE 92. AND BY GRANT DATED APRIL 7. 1923 AN RECORDED APRIL 16. 1921 IN XED RECORDED IN BOOK 76. PAO JO THEM' SWIM 55 DECREE:: 12 MINUTES 50 SECONDS WEST 991.93 FEET AS MEASURED ALWL SAID R OBY OF WAY LINO; THENCE MONTH 38 DEGREES 09 MINUTES 40 SECONDS WEST 89145 FEEp THENCE NORTH 55 DEGREES IS MINUTES 34 SECONDS EAST 1.080.56 FEET TO THE POINT O BELINNING. DL IN KENDALL COUNTY, ILLINOIS. CONTAINING 11.543.229.97! 50. F1. (26N ACRES) ICI j� TII �EDO R OIE.4i� 'II L\1�`J1/\}IILd, �. PULTE NOME CORPORATION D6GN. TTLE. PROJECT Po $014• •5O ILLINOIS DIVISION . IL. wDlfi 1. vvos NEN LEGAL D[uRIPnOVZ BAS[D ox ONW. "'� EXHIBIT B ss TEL, MOU199no 2250 POINT BOULEVARD, c1M0. +61 REVISED BWIDNr S[0.4 ONUS 300 FEET T 0i DE ELGIN, IL 601 23 M. DATE NATURE OF REVISION EHRO."LE " ME YORRKVIL . ILLIN I RAN DATE; OS/IOR0p5 )LIE. ILLINOIS EXHIBIT "B4 " DEPICTION AND LEGAL DESCRIPTION OF R-2 RESIDENTIAL PARCEL CHOI / 12390295 . 13 50 Pot N870 32 '28"E 2 298. 70 EXHIBIT 131 LINE TABLE NUIBER BEMWG LENGTH I S39`54- I6"E 40. 63' 2 S50.05' 46"W 150. 00' 3 539.54' 14"E 507. 00' ZiT 4 S50-05- 461111 20. OD' �AO SGAS CURVE TABLE 5 $48. 19' 30"W BB. 83' kj i NUMBER RADIUS CHORD BEMWG CIWRD LENGTH (TN 6 54 J' IB' 4J"W 90. 66' [I 1. 217. DD' 515•]4' 54"W 96. 91 ' 96. 94' � i S]B• 10' S1•'N 90. 66' [2 515. 00' S62`O3' 28"E 472. 08' 1 490. 40' 8 533.03. 11"W 90. 66' S C] 5]5. 00' 58142' 56"E 141. 9ST 142. JJ' 9 S21.55' 25'91 90. 66' S, U 25. 00' !it9.59' 31 "E ]5. ]6' J9. 2i' 10 522.41' 39"W 90. 66' 11 554.09' 09"W 57. 14' 12 N72`08' 11"W 149. 94' Cp 13 S111 .4T' 29"E 128. OT' 14 SIS•24' 07"W 42. 05' sue, 15 SDB•09. 02 1-W 86. u' 16 S05.39- 49"W 15. 81' v6 p� 11 505.47' 15"W 313. 99' A, IB SB9.20' IJ"E 13. 86' a 00 19 534.46. 42"E 155. 96' id�r' J VO 20 11411.56' 58"E 196. 08' Eot . 21 5119.20' IJ"E 127. 92' AA ''® �yl- 22 N06.38' 29"1 494. 16' '. O 0 300 600 pU -� O- 23 1 541`26' 57^E 148. 05' , / 24 X49.34' 41"E 121. OB' SCALE; III! ! ._,. -F �44 fS J 25 N55.00' 21"E 306. 92' d'A:OH VAOM �,1 26 1434.59' ]9"W 247. 05' 4J EBE a trLdds Ytdl' V ,6t 27 N55.00- 29"E 211. 88' 15.11 3 - 9 W La�IT yfl, M1C4. tM1 29 555'00' 29°W 150. 00' 89s - aag300'5.d� 2° 7'a, 30 S34 -59' 31"E 70. 00' ' 31 531.56' 26"E ST. SO- IS i 30 32 S49.43' 19"E 95. 60' 3$ 33 S62.09' 50"E 95. 60' 34 ST4 '36121"E 95. 60' n / J 3411 1 Q 6 '� G ' 35 507•08' 53"E 95. 60' ixm'm 1P. 36 N04-28' 59"E T2. 11' p 4p AT 1 37 1109.01 51"E 65. 28' $O 4 45 7 38 S64-22' 09"E 65. 28' Up 39 S77.46 O11"E 65. 28' 0�,l ,..IJ II j jj `�•9I 40 Sn . 34. 00"E 65. 28' : II v u 564•N' O11"E 65. 28- 55 Ao 59 Q° 5 42 S57'24 16"E 16. 42' it 5 6 �1• J ��$� , so IIII a 54940' 34•E 76. 42' it 44 S41 .56 52"E 76. 42' > 45 1151 .54 59"1 150. 36. SIP 15�� 111 e CP HI P Q•O 1 I O AS 72 vrw n' h IFFY 2 3 T' aaSOL„Ir v° 4 u T JO Poi 1 =, � ) T 5 ! 11 ill ALI 0,N fjFCXPjXONKI FM�'B $° h0 III j 5.34 . 46'42"E y' /jarl,5' IIII 65.00' 0 / i it LEGAL DESCRIPTION 2 527° 37'46"E THAT PART G FEW KEITH HALF V SECTION MAW PART 0- SECTION 22. IOWN%Ip v1 i . I t 238.32' 37 NORTN.RAIN T.EAST M TK THIRD MIKIPK WERIDIW DESCRIBED AS FOLLOWS N tb ,55 BEGINNING Al THE SOUTHEAST CCBKR OF LOT 2T. IN BRISIEL LANE SMIVISIW. ACCORD p W 'S� ' 3mpSLI l0 THE PLAT KKOF KCtl D K OOCIRE 1 13TT33 PLAY BOOR TO.AT AGE SEE. W MAY 10. 1%21 OMAN N%1M 33 MMES 58 MINUTES 14 SECONDS WEST 195500 �' 1 1 $;H FEET AS MEASURED ALONG THE EAST LIRE IF SAID SMI IS[W TWKE MAIN N DEGREES >T [� 11 MINUTES 31 MCMS WEST III FEE11 THENCE KEITH B DEGREES 32 MINUTES 28 SECPI05 EAST 129110 FEEIl1HEKE SOUTH 36 DEGREES 50 MINUTES 56 SECOMDS EAST F1 �L �A 2'115.63 FEET TO THE CIENTE%IK 6 RENEOY WWI THEM SWIM J^ OEGMfS 54 MEN �L S �L)`,ei- y J �3RC� 0 L t ES 21 SECONDS EAST 3 T42.H FEET TO TK KRTHEKV Rlpi Fi p LOW CF U S PVT. IPt RATE 34 PER GWl DATED APRIL MEWS AND RECORDED APRIL 1E 1923 IN OEM 76. PAGE III i � {L 11 P (1(„{➢ e2. ANI B' MINT DATED APRIL T 1123 " RECORDED APRIL I° 1923 IN DEED KCC41DE0 p ff" IN EEB AS WASOIED 301 ThENCE ALONG SAID SOUTH IGHT OF DEGREES LII[1TTTHAT MONTH 30 DEGREES 09 MINUTES � B SECONDS REST MINUET) FEELI THEME SWIM 46 DECREES % MINUTES 58 SEAMS K51 �r�5y� �3 Py 925.40 PEEL THEME MDMN AT DECREES It MINUTES 10 SECO9 *ST 1.803.65 TO 1W OEM- p 1 1 F"IF' o0 T6' SAID CAS KENNEDY IPRSECFf�LLE .iuE °HMS 4W�f. TWKE ItlRAI 9F WP61ICf S5W1�1i1 TOf5 O : I 165(f�t°0 ev oli ;OUP SECONDS EAST 127.0 FEET 1MEKE NORTH 33 DEGKCS 31 MINUTES 35 SFC01O5 REST t y IS3't L Id24Q FEED THENCE MONTH I5 DEGREES 0 MOVIES 21 91 ONOS EAST SENATE PEEP THENCE � V 6p P 1H O•M1 NORTH 34 DEGREES 59 MINUTES 39 SECONDS KST LOME FEET TO THE CENTERLINE 01 SAID 1 ' I t N IS RExKOY ROW: THEME SOUTH SS DEGES 0 MINUTES 21 SECONDS KSY 299.24 FEET AS I:caH+P'" BM MEASURED ALONE SAID CENTEKIWI TKWE PORTH 33 CECRUS 59 MIMES 14 SECONDS �, 41 A15 NEST ISM FEET 10 THE MINT M BEGIWIK. k :LL 1. IN UND COUNTY. ILLIKIS. t F 3 EXCEPTING 1KKFRW THE 2 FOLLOWING DESCRIBED PARCEL!: / .IDOL_ O E (EXCEPTION II W 1fPJ M THAT PART U THE SWIM HALF Of SECTION 22. TORNSMIP 3 NORTH, RAGE 2. EAST OF THE j THIN PRIKIPAL WRIDIW Y.DESCRIBED AS FOLLOWS,C K K AT THE SWTKAST COMER K LOT 27. IN BRISTOL LUC SUBDIVISION. ACCOpIK TO MI PL2A,T THEREOF RECORDED AS Go DOCUMENT 113SECONDSAE.ASTT 333!08 FEEL °t°'HE FAX WAY F.ENTERLIiF Cf 4W DSOUTH ROME T°WNCE MONTH 55 DEGREES 00 MINUTES 21 51[00 EAST 299.54 FEE T AS WASWFD ALONG. SAID CENTER.IKI THCMCE SWIM 34 DEGREES 59 MINUTES 39 ECOWS EAST 2°131 FEE I THEME SWTM 55 ROTES 0 MINUTES 21 SECONDS WEST 3011 FE 4 TEMPLE SOUTH 33 DEGREES 37 YIWTES 35 SECONDS EAST 1.321.42 EEII THENCE SOUTH O EWIF25 27 MINUTES 46 SECONDS EAST 1347.97 FEET TO 1111E MINT OF &OINNKI TKNCC SORM 34 DEGREES 6 MINUTES R SECONDS EAST WERE FEIN THEME SWIM 27 DEGREES 32 MINUTES 40 SECONDS EAST 238.32 'MORTH ERT' RIGRI=OF WWAY 34 INE OF US.PH �EE 34 KP GRANTMOp DATE) 659.35 OIL 13.FIS23 TO W RECORDED IS..SIS23 1923 IN 4CMEG IN MADE IS. BY AM SO:DIVOT TWKE MARK 55 023 GREES RECORDED INUTESS 68 SECONDS WEST 991.93 FEET AS KASIIREO KONG SAID RIGHT OF WAY LIKE TWKE MOTH 38 DEGREES 09 MINUTES AM SECOWS WEST y1.55 P=ET1 THEME NORTH SS DEGREES I I MINUTES 34 SECONDS EAST .OBO.% FEEI TO E POINT OF KGINIIFIL KI IN KND4LL CWHO V. ILLIWIS. ALSO EXCEPTING. TCT MA PART M 1W SWIM HALF OF SECTION 22. 70 MIP 37 NWTµRWK ;EAST W 1K OF LOT 217..=14 BRISTOL ILA6[ENUSCWIBEDIG. ACCMIK°TO TEXT PLAT THEREOF SOUTHEAST DD AS _ DOCUMENT 0 IUES 14 SECONDSAEA5SY MPLAY EET TO IENCENTLERLGf 01 �KENNEDY ROAg3TWKEE[S NORTH 55 DEGREES W MINUTES 21 SECONDS EAST 621564 FEEIRKNCE SAIH 39 DEGEfS 54 MINUTES 21 SECONDS EAST IAD1.11 FEL THEME SOUTH W DEGREES AS MINUTES 39 SECONDS WEST PISANI FEELPEMEWTCK W TO THE LAST DE WRIBED COHSE 10 IRE POINT 01 BEOIVINDI TWICE SOUTH 39 K0 $ 54 MINUTES 1 SECONDS CAST 40.63 FEEL THENCE MINUTES°14°FS�M°DS E61TAT507.06 FUToTOWNCE SWIM SOFD 4xt E5 0 SOUTH MWtS 54 SMITH 2i3 DEGREES MINUTES 43 SOUTH 3 SECONDSSWESTIIW66SFEE I7HI KE SOUTH DEGREES 101KE MINUTES 9 SECONDS WEST 90.66 EEII TWICE SOUTH 33 Of 2KE5 03 MINUTES 11 SECONDS NEST I6 EMERGE H1E S MINUTES S WELLS REBWf SWIM 20EGRECS 4I S39SONDS1111 91166 FEE 1KKE SOUTH 17 DEGREES MINUTES SECONDS ° _ EF$° SOUTH ESTU 1° SECONDS W EST 57.1 #U$ IWKE NORTH 72DG 08 MINUTES TT '10CE D WEST 149. ET TO A Of FEET AND NDD CURVE. SAID THAT BEARS SOU7K1 DEGEESI]4 MINUTES 5A SECONDS WE 1 DISTANCE OF 96.91 F[ET iKMCE SGTTMSTEKY. KG6 1W AK 0 SL10 CURVE. 96.94 FEET, MENU SOUTH °I DEGREES O MINUTES 29 SECONDS EAST 311O1 FEE I THEKE SWIM 15 DEGREES 24 MINUTES 07 SECONDS WEST 42.0 FEEL IWNE SOUTH 00 0:KE5 0 MINUTES 02 SECONDS CST 86.11 FEEL TWKE SOUTH 05 DEGREES 39 MINUTES 49 !(CODS WEST 75.81 FEETt THENCE SOUTH 0 DEGIfES 47 MINUTES 15 SECONDS WEST 31399 FEETI FAME SWIM 99 DEGREES 20 MINUTES 13 %COMBS LAST 1186 FEET 10 A POINT G CURVE SAID CUBA BEING COKWE SWIMWESTERIFRILVINL A WHEATS OF S6W FEET AMET A GIRD THAI HEARS SWIM 62 EGES 03 MINUTES M ECOOS EAST A 015.110 M 472.011 FEET, I COKE SWMEASTEAL Y. KORG THE [ G SAID CWVE 4110.40 FEET; TIKE SOUTH 34 DEGES 46 MINUTES 42 SECONDS EAST 1115.96 FEET, THENCE SWIM 55 DUKE$ 13 MINUTES 34 SECONS EST 1.0056 FEEL THEME NORTH ME DECREES 0 MINUTES 48 %CMS EST 1.133.0 HERE TWKE MOTH 40 DECREES S6 MINUTES E ECWDS EAST 1%.CN FEET 10 A POINT ST CG"E. SAIO CURVE BETK CONCAVE NORTHERLY, NAVINL A RADIUS K MOO FEET AM A CI Y BEAM SWEET 81 DEGREES 42 MINUTES 56 SECONDS f6i A DISTANCE °[ $41.91 FEET 7KW E EASTERLY. KWC THE WC O TAKE NORTH C63IXGFES SE MINUTES M SECONDS EAST 454.16 FEET$T•THE0NCE SOUTHEi 1DEGREES 26 UNUTES 51 ECOgS EAST 10.05 1EE11 TWKE MONTH 45 DEGREES 34 MINUTES 41 SECONDS EAST WACE 121.00"IN 551 DEGREES C DEGREES GO MINUTES SECONDS EAST JO U92 FEE To INENCE MGIM 34 DE- SECEMDS9EASIl211 39 FEIOI O A WEST INT O CURVEFpS D CURVES 6EIK DEGREES K E 5WHAL'RLYLM�- GDS EASTT.IA DISTANCE OFEET 35..366S FELT,Df°KKE EASILKSYLKIMIGT THE 59 MINUTES 31 CURVE. 39.2SAL FEE% TWKE SWM 34 DEGREES 59 MINUTES 33 SEAMS EA!1 SAO FILED THENCE SWIM 55 0' GKfS 0 YTNUIES 29 SECWO EST MMOM FEET$ TKKE SDUIM N MS 59 MINUTES 31 SECONDS EAST DOUR FEES I THEME SOUTH 37 DEGREES 56 ME ALLIES 26 SECONDS EAST 11730 FEET, r�AWE SOUTH 49 OEGRUES 43 5 N ECOOS CAST 9 DURRS SO SECONDS E 11 RGWES X MINUTES$ 21 SECONDS 09 MINUTES FEET I THENCE SOUTH IT DEGREES 02 MINUTES 51 SECONDS EAST 95.60 MIT THENCE NORTH 84 DEGREES 26 MINUTES 59 SEAMS EAST 72.11 FEEL 1HEWE NORM 99 OUNCES DT MIN- ' UTES 51 SECONDS EAST MEET FEIN THEME SWIM 84 EGFE5 22 MImRES 0 SECONDS EA57 6528 EEL THENCE SOUTH li OUNCES 46 MINUTES G SECONDS EAST QUI FEEII DOME SOUTH 71 CEGREES TO MINUTES 0 SECONDS EASY 6538 PEETs THEW: SOUTH 64 DEGREES 34 MINUTES 0 SECONDS EAST 65.211 FEETI TWKE SOUTH 51 DEGREES 24 MOUTES 16 SECONDS EASY NGA2 LEI, THENCE SOUTH 49 DEGREES 40 MINUTES 34 SECONDS EAST 76.42 FEET, TW NE SWIM 41 DEGREES 56 YINU ES 52 SECONDS EAST 76.42 FEETI THENCE NORTH 51 ENGINES °4 MINUTES 59 SECONDS EAST 150.56 FEET TO THE MINT Cf BECOMING, ALL IN KEW LL COUNTY TLLINDTS. CMIAIxIMG 9.100.653.531 SO. II.IM1.91 ACRFSI CLIENT$ DSGN. TITLE PROJE[1 055 via Thomwe Smcyf�g Ltd. PULTE ROME CORPORATION ' '(�-�1)iSd °n5 W MOIL. RPW. sw. esD ILLINOIS DIVISION 0W"' A.N EXHIBIT 01 IL. mole T[iE194U518 2250 POINT BOULEVARD, CHKO. VMS OF sKEr I aF 1 •4•TWIN 31 9 SUITE 401 ELGIN, IL 60123 . ND. DATE NATURE OF REVISION FIRED. SCALE' I" ° 30o FEET TWWn PROPERTY ORAWINO 110. 0 THOMSON HE FILE NRYE w:wssrsvaxm.YRxlenMUSS 81 FIN GATE$ 05/10/2005 Y0[vlllE. IlllVli 385SEX-B1.PLN EXHIBIT "B-2" DEPICTION AND LEGAL DESCRIPTION OF R-3 RESIDENTIAL PARCEL CHOI / 1239095 . 13 51 M7. 37'2A'I 1.29670!__ EXHIBIT 132 LINE TABLE NUMBER BEARING LENGTH 1 539.54' 14"E 40. 63' 2 550.05' 46"F 150. 00' 3 539454' W E 501. 00' 4 S50.05' 46"F 20, 00' F CURVE TABLE 5 548.19' 30"W as. 113' NUMBER RADIUS CHORD BEMWG CNDRO LENGTH 6 543. 18' 43"F 90. 66' 1 1T. 00' 515•]4' 51"W 96. 91 ' 96. 94' T 518.10' 57"F 90. 66' C2 515. 00' 562'03' 28"E 472. 05' 490. 40' B S]P03' 11 IS 90. 66 s6 C3 515. 00' SSI -42' S6"E 1-11. 81' 142. 33' 9 527.55' 25"F 90. 66' - C4 25. 00' 519.59' 11 "E 35. 36' ]9. 2T' 10 S22.4T' 39"1 90. 66' \\ t P111A 554-09- 09' 51. N' <yl X12.511' 11"F 149.SBI .4T' 29' E 118. Oi'SI 5.21. 01"F 42. 05' P21 SOa•09' 02"12 86. 11' •' 505.39' 49"W 75. 81' 505-47' 15"F �+ S99.20' 131E I1. 116' 514 Y6. 42"E IBS. 96' B:&: '/ s� �" X48.56' 58"E 196. 08' 5!9.20' 13"E 127, 97' a N06-30- 29"E 494. 16' 0 300 23 S41 .26. 57 'E 148. 05' 24 N4V 34' 41 "E 121. OB' SCALE: I" • 300 FEEL „I 25 X55.00' 21"E 306. 92' gq 'r C6 26 N]4.59. 39"F 247. 05' :y°�� .--, 6� 10 u` 27 N55.00- 29"E 211. BB' bs ,DY 3 d �U tE 20 534.59' 31"E 5. 00' jib 4P1 28 29 555.00. 29"F 150. 00' D. /,+ sj2dS Y5i 4 lg 30 534.59' 31"E 70. 00' 31 531.56' 26"E 87. BO' �•\/ ;4 >a 32 549.43. 19- 95. 60' 31 33 S62.09' 50 11E 95. 60' //' ] 34 S14.36' 21"E 95. 60' 26 ]] 00 10 , wHw� 35 SBi•02' 5T'E 95. 60' 5 ]4 35 D 9 42 /1 e+ • ]6 H84.2B'.59"E it. Il' w TJ' 37 ENDS-01. 51"E 65. 28' . S .0 �. 9 tl l8 581.22' 09 E 65. 28' 1°6ti j s �,9 2 �.o l9 SilV6' OB"E 65. 28' 40 571 . 10' 00"E 65. 28' ��t• 41 564.31. 08"E 65. 28' 3 42 1 S51.24' I6"E (6. 42' d a$ 41 549.10' 34"E 76. 42' G �� 44 541 .56' S2"E 76, 42' . rySgyiMS '°e '.0 4 IS N51 .Sit. 59"E 150. 36' s e 7 e e PO p q P c04 " 1 Cl SO'5a'43-W J22' ° �, ] n It 16 : Y H t- I �4ITIO D I M° bt / e0 22 20 C] 21 a C2 Z gym. N ov N / gym. 4 AWSy f 56 T�0 'w 5° L D9 � h SO c 10 vit 19 9 S do I 69� JAY 51811j1[ GOO I OF 0 16 ED .Q 3+A °ffFS Y oL 5 Y Pud[¢.i1AS OA �Ip16 LEGAL DESCRIPTION Ix I PART OF IK SOUTH HALF OF SEC I ION 22. TOWNSHIP :l MOi RAN6F 1 CAST OF IEEE THERE PRIKIPAL KWDIJUALMURIHD AS FOLLOWSCCYLMIW AI 1K SOUTHEAST COINER V LOT 27, IN MI510. TARE SIBDIVISION, ACCORDING TO THE PLAT 11C%R MCMOEO AS DOCUMENT I3TY33 IN RAT BOOK 10. AT PACE NEON WT 10. 19624 THEME $WIN 33 OEGNES St MINUTES 14 YCO S EASY 13.00 FEET 10 111 CENIERLiK OF R(K[OY ROAD TKKE KRIH 55 DEGREES 00 MINUTES 215ECOWS FAST 1113.64 FEII THEME SOUTH 59 CEBKES 54 MINUTES 21 SECONDS EAST 1.001.11 FEETj THEME SOUTH ;q IXG[ES OS MHEJTES 19 KCWOS WEST 216.04 IC[I,KMFNOICYLAR 10 THE LAST D:SQIa[0 CWRS[, 10 1K POINT Of KGtN IKI IHEKE SOUND 39 ME S 54 MINUTES 14 SECONDS [AST Po.6] 0 Its THEME SWIM 50 DUNES 05 YINUIES 46 SECMDS WEST IMMOND Fi[TI THEME WIN J9 CEgEM 54 IWTES O XCM LAST 501.00 FEFII TKMf MUCH No 1pAWSS M MINUTES 46 GAMES 5 M51 MOD FEET; INTAKE SOUTH 40 MMES 19 YIWTES SO XCONOS KSY 81.83 FEETI IKKf SW1x 43 DEGREES 16 MINUTES 43 SECONDS REST I FEE q TKKE WIN SO OECR[ES 10 MINUTES 57 XCOMOS MST 90.16 FI(111HEME SWTN 33 DECREES W MINUTES II S TES 1 CST W.61 FEE4 TKNEE SOUTH 21 MGMES 55 MINUTES 2. SECONDS M5, 90.M PCON IHEH[[ SOUTH 22 MMES 47 MIWI(5 39 SECONDS MST M66 FE II THEME MUTH IT DEG[ETC SR INUIES 43 XCOWS WEST ISM FEET& IMM E SOUTH 54 0WES 09 MINUTES 09 SECONDS WEST 57.14 GFFEEETI THEME WORTH I2 MGEES 08 MINUTES 11 ACODS MST 149.94 fEEI NG Of FEET AM 1 C CAW) 7 tO PLTEARSS SOUTH 15 CONCAVE 345 MIMIIES S HSECONDS MSIF A DISIAKE OW 96.91 FEEIITKKE SWTMFSTEIRT. ALONG THE WC M !AID CORK.%.94 FQII THEME YWIH 81 MAGPIES 41 11 29 K S EAST 110.01 JET II THEME WIN 15 OUNCES 24 IWTES GI MC"$ MAY 42A5 FEETI THEME SOUTH 01 0 MUS 09 MINUTES 02 SECONDS WEST M.11 FfEII THEM[ SOUTH O5 DECADES 39 MINUTES 49 SECp S REST 1541 FEETI THENCE SW1x W DEGREES 41 MINUTES 15 XCOD° WEST 311.911 FE:Tj 7WWE WIN 49 MMES 20 MINUTES 13 SECCMS CAST RU.M FEET TO MINI BE CURVE. SAID CLARK BEING CONCAVE SOu7HnSTEMT.HAVIM RADIUS OF SIS.W FEET Yq A Oq0 THAT MARS MAIN 62 DEMES 3 MINUTES 21 AC[p EAST A DISTANCE M 472.01 FEETI IKWE SWTKASTGLT. YGD IK MC 01 SAID CURVE. 4%.40 FEElt TK t WIN 34 UWE! 46 IWl[5 42 6 C N EAST 10�5.7H FEET, IHEKE WIN 55 DEGREES 3 MINUTES 34 SECI4A5 WEST FOE]II HENCE 30 DE 2C % MINUTES 40 SECI9O5 WEST I.D5A91EEII TKIQ NpRN 48 [E GAM M MINUTES 51 SECOND$ EASY MOW FEET 10 A HOW OF WE A. SAID CORM MIK COKAYE XgIIKRL T. HAVING A RADIUS M 535.00 FEET MD A CHOOSE THAT MARS SWTN 11 MOVIES 42 OFT SAID COCA. SEDIMENTS 333 EEGEMTs T EM( SOUTH 19 DEGREESE20 TMIINIIES 1J ACCTONOS EAST 127.97 F EII 26EUI1E417TE�5157 5(DEODSE[ASI IiI1W. vE C[El1 lEKK$NGtN �pDEGRFFS 34 YII4UTEW5 T415[COMSDEGREES EAST I27AGR1 FfEII PIMP NORTH 33 OEUE[S Ir MINUTES ]i 3FCOD5 Wf1I L]29.42 FEET, TKKE I T 55 M9 %C YPWTf1 ] CWDS EAST 346.9„FEET, TTWEINCE MONTH 34 M. URLS 5z FEET 70 PAST TCAT FEET, .,E E6NUTY5 (I A POINT CURVE ID WR IE MIND CONCAVE SOVYWAL MINUTES v- INC A RADNS Of MW IEEE p0 A ODMD MYK MITI 79 MMES 59 MINUTES 51 SEC CMS EAST. A DISTANCE OF 35.36 PEEII IKNCE EASTERLY. ALONG THE ME M SAID Cui 39.27 FIT] THENCE SOUTH 54 DEGREES 59 YIWTES 3E SECONDS EASE 5.00 FELL THEME WIN 55 OE- WES 00 MINUTES 29 SECONDS VEST 155245 ifE11 THEME :9NM 34 DEGREES 59 MINUTES 31 SCOWS EAST TOM FEETI IKKf WIN 31 DEGREES % M NUTE5 26 XCMOS EAST 17.110 MITI 7111 SOUTH 49 MINCES 43 MINUTES 19 ACG S EASY Y..% FEET TKKE SOUTH 62 IXCAEES 09 MINUTES 50 SECOWS EAST 55.60 FI Tc IMHU E SOUTH 1. DEGREES A MIWTE6 21 SUGGESTS LAST SSW FEEp THENCE WIN 17 DEGREES 02 MINUTES 53 SECOKS EAST 95.60 FEET, THENCE MHT' 94 MMES 29 MINUTES 59 SECOD$ LAST 2.11 FEET, IKME NOUN 19 GAMES 01 WIN TIES 51 SECB903 EASE 55.28 FEETI INENCE SWIM M DEGRO S 22 WRIUTES 09 SECDDS EAST 6528 FEETI THENCE WIN 77 DEGREES 46 MINUTES al SECONDS EAST 6518 FEET, TWICE SOUTH TI DEGREES 10 MINUTES 01 ACCESS G51 65.21 FIFIN THEME SOUTH EH MOVIES 34 YIWTES 01 ACODS EAST 65.28 F(fl11HEME WIN 57 DEGREES 24 MEANIES 16 SECONDS EAST 76.42 PILL TKKE WIN 49 DEGREES 40 MINUTES 34 SECONDS EAST ➢,.Q FEET1 TKKE WIN 41 OTGRE(5 56 MINUTES 52 SECONDS EASY 26.42 FEETI THENCE NORTH 51 DECADES 54 MINUTES 59 SECONDS EAST 150,36 FEET 70 THE POINT O BI6MRK, AL IN RENOALL COUNTY ILLINOIS CWIAINIK 2.442.S76.442 SC. FL156.01f ACRES] T6omaoe Lfd nIENr' PULTE HOME CORPORATION OscH. T1nn PROJECT W. . 6eou' °""• 00 ILLINOIS ORHSION OWN. A,B o. TWIIeATu1e-91w 2250 POINT BOULEVAflD, E%XIBIT 112 cKLO. DM5 M SMET 1 M 1 'M411m6.9'9„ SUITE 401 suLF, © : ELGIN, IL 60123, W. BATE MATURE OF REVISIOry CN110. 1" = 300 EDDY 1KIDEl PROPFRiY BRARINo Ho FILE Ed I Tw,w53.1MF,1,6.E..1Nx.3NA7-. DATEI os41022as 70MVELLS. ILLINOIS 3855EX-B2.PLN EXHIBIT "C" DEPICTION AND LEGAL DESCRIPTION OF B-3 COMMERCIAL PARCEL CHOU 12390295 . 13 52 EXHIBIT C N D zoo .DD 00 seKE® Il 39 /-Ph " $OA 5p, ,ter !G M® \ 3 \; / \eF \ate \ POMI Of BEGINNING vv — S34046 '42 "E w j 56' 65. 00 ' ` .. / !) � 0 — 527032 '481'E % E 238. 32 ' % �6 Z � ff {� BA„� lh• . / Y EPo /i � 5IT1«R�jIS�B �c APr a g a 0 , � d 01ST SMj311O0'P �t ,� i d l4 U°� 9 6a / i LEG AA.L_ DESCRI PTION :N t a r sWiN ({ u.11M n. 100SSNIV WORTH. ""a I.EAST a I MIIEO�U7. N.E YERI LANE URIUO S alas:cOr[NLiw E SOUTHEAST COMMON a LOT xT. IN BRUIa LANE SUBDIVISION, ACCaglw To HE KAI Kqa ACCOSTED AS OwNI r IN 54r ".w WAY O Iw. IN METE SOUTH 53 OEO(E: Se Yiwr[S A SEEOwS LAST 3331 EQi i0 1K QMIERIK OF 4M(llr ppEp: THEK[ CENIN 55 Qtl[ES OO MINUTES xl E EAST 299.54 FEET AS Y STARTED ALONE SAID SEWTO SS MOSSES SWIM TE MOVIES S 59 MINUTES 35 UCMOS EAST 711.11 FEET': TMEKE 55 QUZ[S Op MINUTES it SEC 51 WEST 306.92 FEET: THEMi SWIM 33 OLDIES MINUTES 35 SECONDS EAST I M42 MIT IHEKE MTN 4? KGRIES 23 YIWTES 46 SECCW3 MINU i.»1,31 FEET 10 M k111T OF K61MIKl IKKE WN 31 IIEGEES 46 MIMItFS 0 SECONDS EAST 6500 MIT THENCE SOUTH 23 DEGREES R YIWTES 41 WINES EAST 230.3, FEET: THENCE MTN N MESHES 46 MINUTES 42 UCOOS EAST MILK FEET TO THE WERTN- CALLr MONT a WAY LINE a U.S.RWYE 34 PER GRANT DATED MARC S.IlT3 AND K[OROEO NPIIL 1e. 19x3 IN BCH AND 6. PAU ST. A BY GRANT DATED WIND. T.IIx3 AND METHODS APRIL 10, 23 1 QED MECMED IN SOON 16.PAU 3O TKKE SOUTH 5, TION ES x YIwTES 'API TRYOUTS WES' SeTAS FEET AS MEASURES ALPp SAID RIWT a 3 LIME: IKKE MONTH 35 11�SELOWS CASTxiMO.56 FEEIIS TWEST AWL POiM nlSil�WENT" 15 SEM4LL SCIWir'.ILL INO15. CONIAINIME 916.932.904 50.!1.121.054 STRE31 72 TAOm�on �R "I'L nIE4u PULTE HOME CORPORATION MON. 117LE' PROACT uD. "°'�'" ADDS 111 350 ILLINOIS DIVISION OWN. uRe E%NIBIi C 3BSs ni3169TK 2250 POINT BOULEVARD, CHAD. OWES Q SHEET U OF 31e.9m SUITE X01 H1 DATE NAIYRE OF REVISION f:HSO. SCIL4 1•• : x00 SEMI i141DF1Ri3 ORAIEINL W. : ELGIN, IL 60123 VOFXVOLq ILL Noss FILE H.ME DATE. 051101x005 3R55EJE�.PLN EXHIBIT "D" PRELIMINARY PUD PLAN CH01 / 12390295 . 13 53 EXHIBIT "E" LIST OF VARIATIONS A. COMMERCIAL PARCEL PARAMETERS AND VARIATIONS 1 . Lot Coverage . No more than sixty percent (60%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings . 2 . Maximum Building Height. No building or structure shall be erected or altered to exceed a maximum of fifty feet (50 ' ) or four (4) stories in excess of fifty feet (50 ') . B. RESIDENTIAL PARCEL PARAMETERS AND VARIATIONS 1 . Lot sizes in the R-2 District may be less than the 12 ,610 square feet minimum, but shall be at least 10,000 square feet. 2 . Lot widths in the R-2 District may be less than the 80 feet minimum, but shall be at least 70 feet. 3 . Paths may be installed closer than 15 feet from the property line, but not closer than 5 feet. CHOU 12390295 . 13 54 EXHIBIT "E-1 " UTILITIES AND PUBLIC IMPROVEMENTS CHOU 12390295 . 13 55 EXHIBIT 66E-2 " OFF-SITE STREETS AND IMPROVEMENTS CHOU 12390295 . 1 3 56 Cn DC A T Cl) �J \ yC " D z 1 fT WC Z z � po Ul Cn Po �;S m ^ m vo ° � CD (D T mo C, (D —O. -n = MID� � 0 -K) Z _ ^ mom O_ 0 Or � OD oa � ? o CD O. O mmm � cZi � Oo.-.N (D O7O fn 70 z 1 Im -< o � ora ° AOO 0 ti'.L� _ C -p (o N (n -., � mom / aoo _ x vA w u�LT I K) =r J 1 ' 1D CD cDR m _DCDC MG) uz w6� COW � 70cn o — m O � Ul WCD O= � �� — m T \ oA W wW \ 0 =3 D 90 O Z \ W \ rya w m Cn \ Fg CD z 00 F. \ i \ \ w i Fs° / u o gtg FKv F[v / pro FY° FC' FCC � Fc ggo IF Vic o \ \FK_ } \ FKP x. FCP z a z -j*v \ €go M> cm a ltoY o3 ROZm zz 22 Fkk FC` Fe . b 3 ,r7, m : : ! r-XZMm mr^ Fe ti 6 1 � RSM. Y T \ In :. :. morn z� z 1 . iE =Mag Wm g zzmo Cm 4 o °- -�oD �" s Eg 6N 0 )z F m� ee r x 2 z Z <� ! �Z ? m cnn OZ ° Y \ z • a nmi_ Z n ti EXHIBIT "F" LIST OF CURRENT CITY BUILDING CODES 2000 International Building Code (Ord. 2003 -01 ) with three amendments : i . Stair height and risers (Ord. 2003 -08) ii . Energy Code (Ord. 2003 -05) iii . Sprinklers on two or more attached residential units (Ord. 2003 -008) CHOI / 12390295 . 13 57 EXHIBIT "G" FEE SCHEDULE CHOU 12390295 . 13 58 Autumn Creek FEES PER UNIT A paid receipt from the School District Office, 602-A Center Parkway Yorkville , must be presented to the City prior to issuance of permit $39000 Separate Yori;ville-Bristol Sanitary District fee - made payable to Y. B .S.D . $ 1 ,400 United it of Yorkville Fees 1 . Building Permit Cost $650 plus $0.20 per square foot $650 + $0.20(SF) 2 . Water Connection Fees SF and DU $2 ,660 2+ Bed Aft $29280 3 . Water Meter Cost Detached Units $250 Attached Units $350 4 . City Sewer Connection fees $2 ,000 5 . Water and Sewer Inspection Fee $25 6 . Public Walks/Driveway Inspection fee $35 7 . Development Fees Public Works $700 Pol ice $300 Building $150 Library $500 Parks & Recreation $50 Engineering $ 100 Bristol-Kendall Fire $1 ,000 Development Fees Total $2 ,800 see note 8 . Land Cash Fees "a" below Apartment Townhome Duplex Single Family Park N / A N / A $670 .67 $ 1 ,692 .05 School N / A N / A $762 . 73 $ 1 ,212 Land-(:ash Fees Total $0 .00 $0 .00 $ 1 ,433 .40 $2 ,904 .53 9 . Road Contribution see note "e" below $2 ,000 10 . Weather 'Harning Siren Fee see note "b" and "d" below $75/acre Notes: a . For upfront land-cash donations figures, please refer to "Land-Cash" worksheet b . $75 x 287 = $21 ,525 c . 5 year lock on fees from the date of the agreement, with a six month grace period (ender date) d . 'Heather Warning Siren Fee is to paid in whole (amount stipulated in note "b"), by the developer at the time of approval of final plat e . Per unit road contribution fee will be calculated after the developer has completed the required Kennedy Road improvements as stipulated in the agreement. PDF created with pdfFactory trial version www .pdffacto [y .com EXHIBIT "H" SCHOOL CONTRIBUTION 1 . Developer shall contribute the following to Yorkville Community Unit School District # 115 , pursuant to the City' s Land/Cash Ordinance : 16 .0 acres consisting of those certain parcels referred to on the Preliminary PUD Plan as the School Site (the "Land Contribution") and five hundred eighty-one thousand, one hundred thirty-nine Dollars and ninety-three cents ( $581 , 139 . 93) (the "Cash Contribution") . CHOI / 12390295 . 13 59 EXHIBIT "I" PARK CONTRIBUTION 1 . Developer shall contribute the following to the Park Department, pursuant to the City' s Land/Cash Ordinance : 6. 94 acres consisting of those certain parcels referred to on the Preliminary PUD Plan as the Park Sites (the "Land Contribution") and eight hundred ten thousand nine hundred ninety-nine Dollars ($810 , 999) (the "Cash Contribution"). 2 . Developer shall construct certain park improvements within the Park Sites on the Subject Property, including the installation of playground equipment and park improvements, subject to the design criteria set forth in writing by the Park Department and provided to Developer no later than April 30, 2006 . The sum of Three Hundred Thousand Dollars ($ 300,000 . 00) (the "Improvement Funds") of the Cash Contribution shall be withheld by Developer, for purposes of funding the construction of such improvements . Upon completion of the park improvements : (a) if the actual cost thereof has exceeded the amount of the Improvement Funds, the [City/Park Department] shall credit Developer for the difference at such time as Developer applies for building permits for the construction of residential dwelling units on Subject Property; or (b) if the actual cost thereof was less than the amount of the Improvement Funds, Developer shall pay the balance to the Park Department upon the Park Department ' s acceptance of the improvements . 3 . The improvements described in Section 2 above shall be completed within eighteen ( 18) months from the date of approval of the annexation of the Subject Property by the City, subject to adverse weather conditions. CHOI / 12390295 . 13 60 EXHIBIT "J" SIGNAGE On- Site Signs shall include the following: 6 Community ID Signs 20 x 10 ft. illuminated Double-faced 6 Directional Signs 6x4ft. Double-faces or A-Frame type (5 x 3 ) And 2 sets of the following (one each for single-family and multi-family) : 1 Information Center .>ign 3x4ft. Double-faced 9" x 16" DF Hours Panel 1 Guest Parking Sign 3x4ft. Double-faced 10 USP Signs 2x2ft . Double-faced *Always include Pulte Mortgage and Pulte Warranty Info I Model ID Sign per Model 7" x 24" Double-faced 3 Flag Poles Illinois Flag US Flag Pulte Flag 8 Open Flags 1 Awning Off-site signs within United City of Yorkville are subject to City approval . Monument signs are subject to City approval . The attached renderings are illustrative of size and information. Specific design details may change and are subject: to approval . CHOU 12390295 . 13 61 PZ caj em in O V} _ FE A- Qj .. S " CO r 1 , r � J d v � � 4 T � r LLe 0 MM y EXHIBIT ` K" FORM RECAPTURE AGREEMENT CHO1 / 12390295 . 13 62 EXHIBIT K RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT ("Agreement") is made and entered as of the day of , 2005 , by and between the UNITED CITY OF YORKVILLE , an Illinois municipal corporation ("City") and PULTE HOME CORPORATION, a Michigan corporation ("Developer") . RECITALS : A . Develcper is the owner and developer of that certain real estate development located within the corporate limits of the City and commonly known as Autumn Creek Subdivision ("Subdivision") . B . Developer and the City have heretofore entered into that certain Annexation Agreement dated _ , 2005 ("Annexation Agreement") pertaining to the annexation and development of the Subdivision within the City. C . Developer desires to recapture and allocable share of the costs of constructing certain of the public improvements for the Subdivision ("Recapture Items") which will provide benefit to other properties (` Benefited Properties"), from the owners of the Benefited Properties ( `Benefited Owners") . D . Developer and the City are desirous of entering into this Agreement to provide for the fair and allocable recapture by Developer of the proportionate costs of the Recapture Items from the Benefited Owners, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto , the parties hereby agree as follows : 1 . RECAPTURE ITEMS. The Recapture Items, being elements of the public improvements to be constructed as a part of the development of the Subdivision, are identified in Attachment "A" attached hereto ("Recapture Schedule") . The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item ("Estimated Cost") . Developer shall cause each of the Recapture Items to be constructed in compliance with the provisions of the Annexation Agreement and to be accepted and conveyed to the City in accordance with applicable ordinances of the City. 2 . BENEFITED PROPERTIES . The Benefited Properties are legally described in the Recapture Schedule attached hereto as Attachment "B". Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a "Benefited Parcel". There are a total of �_) Benefited Parcels as identified in the Recapture Schedule . CIAO ] / 12422709 . 1 3 . RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities of the City have determined will benefit a Benefited Parcel and the prorata share of the Estimated Cost of each such R+.Ncapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule . The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the "Recaptured Costs". The Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture Schedule . Interest shall accrue on the Recapture Costs for the benefit of Developer at the rate of _ percent (_%) per annum from the date the Recapture Item is completed by Developer until the Recapture Cost is paid. All references to Recapture Costs herein shall include accrued interest owned thereon. 4 . COLLECTION OF RECAPTURE COSTS. The City shall assess against and collect from the Benefited Owner of a Benefited Parcel, or any portion thereof, successors and assigns , the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited Parcel . At such time as a Benefited Owner, or its agent or representative, annexes and/or subdivides a Benefited Parcel , or any portion thereof, or subdivides the Benefited Parcel from a larger parcel of land, or applies to the City for issuance of a permit for connection to all or any of the Recapture Item by the City until such Benefited Parcel has fully paid the applicable Recapture Costs, owed by such Benefited Parcel under this Agreement. 5 . PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the City pursuant to this Agreement shall be paid to Developer, or such other person or entity as Developer may direct by written notice to the City, within thirty (30) days following collection thereof by the City. It is understood and agreed that the City' s obligation to reimburse Developer shall be limited to funds collected from the Benefited Owners as provided herein, and payments made hereunder shall be made solely out of said funds . This Agreement shall not be construed as creating any obligation upon the City to make payments from its general corporate funds or revenue . 6 . CITY ' S OBLIGATION. The City and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefited Parcel . Neither the City nor any of its officials shall be liable in any manner for the failure to make such collections, and Developer agrees to hold the City, its officers, employees and agents, harmless from the failure to collect said fees . In any event, however, Developer and/or the City may sue any Benefited Owner owing any Recapture Costs, hereunder for collection thereof, and in the event Developer initiates a collection lawsuit, the City agrees to cooperate in Develop °r' s collection attempts hereunder by allowing full and free access to the City ' s books and records pertaining to the subdivision and/or development of the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the City and any of its agents , officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement, Developer shall defend such litigation, including the interest of the City, and shall further release and hold the City harmless from any judgment entered against Developer and/or the City and shall further indemnify the City from any loss resulting therefrom, except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the City or any of its agents , officers or employees . 2 CIAO 1 ,' 12422709. 1 7 . CITY' S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the City to collect other fees and charges pursuant to City ordinances, resolutions, motions and policies . The Recapture Costs provided for herein for each Benefited Parcel is in addition to such other City fees and charges . 8 . TERM. This Agreement shall remain in full force and effect for a period of twenty (20) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefited Parcel is a part of a subdivision approved or recognized by the City and no connection permit as aforesaid is issued by the City of such Benefit Parcel within ten years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel , shall become null and void and of no further force and effect as to such Benefited Parcel . 9 . LIEN. The recordation of this Agreement against the Benefited Properties shall create and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained therein, in the amount of the Recapture Costs, plus interest, applicable hereunder to such Benefited Parcel . 10 , MISCIELLANEOUS PROVISIONS . (a) Agree rient : This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. (b) Binding Effect : Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Developer and any successor municipal corporation of the City. (c) Enforcement : Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action, ` mandamus, or other proceeding in force and compel performance of this Agreement. (d) Recordation : A true and correct copy of this Agreement shall be recorded, at Developer ' s expense, with the Kendall County Recorder' s office . This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein . (e) Notices : Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein , shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U . S . iriail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U. S . Mail , 3 CHol / 12422709 . 1 registered or certified mail , postage prepaid, return receipt requested, and addressed as follows : If to CITY : United City of Yorkville 800 Game Farm Road Yorkville, IL 60540 Attn : City Clerk Tele : (630) 553 -4350 Fax : (630) 553 -8330 With a copy to : United City of Yorkville 800 Game Farm Road Yorkville, IL 60540 Attn : John Wyeth, Esq. Attorney for United City of Yorkville Tele : (630) 553 -4350 Fax : (630) 553 -8330 If to DEVELOPER: Pulte Home Corporation 2250 Point Boulevard Suite 401 Elgin, IL 60123 Attn : Brian M . Brunhofer Tele : (847) 841 - 3500 Fax : (847) 783 -0875 with copy to : Gardner Carton & Douglas LLP 191 North Wacker Drive Suite 370 Chicago, IL 60606- 1698 Attn : Charles L. Byrum Tele : (312) 569- 1222 Fax : (312) 569-3222 (f) Severability: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. (g) Complfxte Agreement : This Agreement contains all the terms and conditions agreed upon by the parties hereto an no other prior agreement, excepting the Annexation Agreement, regarding the subject matter of this Agreement shall be deemed to exist to bind the parties . This Agreement shall be governed by the laws of the State of Illinois . 4 C1101 / 12422709. 1 (h) Captions and Paragraph Headings : Captions and paragraph headings incorporated herein are for the convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. (1 ) Recitals and Exhibits : The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. (j ) Enforceability: This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. { SIGNATURE PAGE TO FOLLOW } 5 C HO I l 12422709. 1 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date first above written. DEVELOPER: PULTE HOME CORPORATION, a Michigan corporation By: Its : And By: Its : CITY : UNITED CITY OF YORKVILLE , an Illinois municipal corporation By: Its : Mayor ATTEST : By: Its : 6 CHO ] / 12422709 . 1 EXHIBIT "L" COMMON FACILITIES CHOI / 123902.95 . 13 63 AA Nt, A / 1 mllm,,N i lipm RI I - - " 1 j � M CAA �;.de: :, :ti,::e?° y;:;i;:$r�•>;::: we IVA Ll •i•P••®P4�/ Pb4i!,y:•::;;;i`®O�PPPP,:�Peb9q.,.� �t;°.;.•I+j••;.;.•�:::•ti::'rp��-�';�,ti.,>r,:: ;:;9`:,b°,fPPry :•. d �� ,��►�Q��3 pro 144 fI�•.d ra. ::" :4eN pq ks clam dog QI %".-171ICN Near Ov ti:W;; :. L • • 1. . JItL. _ — J . L 111 / a© oM� EXHIBIT "M" PERIMETER ROADS FOR WHICH DEVELOPER HAS RESPONSIBILITY CHOI / 12390295 . 13 64 ,N Fsi 196 \ p� Rey Age Re /l FCB - �� \ /r"�•r" \ �� FCB i�s ��\\ \ `o NP p /d � G�o FCB_ � \\�\� FC4 2 ` r kk � CB � It rl " C V o. \\ FCe - •.•� C8 Qto Ok : g _.... ._.__:�... $lk\ � , V � \ i€s 4o FK® N Cn o i�'oE FC8 \ \ D ka CD c o D _t t Z o � � z ou all. S Na O cyl C m �• � m E o ID m ^ r CLCnO mMC CD —a 0 `TJ 3 ° ° y > > j� z ( nm7o Oor.w CD _OW O (o N Cl) ° vA .,. � _ C � I N � Dm wwF n� N• d " 0) NO �Lm7Z Ma 0 sperm< 0 mm aD O a �pm W n ma) :1 m ��D r D = // ` Z k $ � Yg �9{ 8 Cmm M OVg)7 r q6 , K�Zm Z; - 0 y O Q SUMMER Z ! ,Cn MO MI):5z CO In �� 4 @i z � CAQ m zeQ rm� m 7 111 COM oz CD J 7 F�9i i k "i•3n2 �� V 1 ` C s� �Z m n EXHIBIT "N" PULTE ANTI-MONOTONY POLICY CHOU 12390295 . 13 65 � m MONOTONY CODE RESTRICTIONS I . Single Family Detached Communities a . The following criteria apply to homes on straight or curved streets, cul-de-sacs and corner lots. 1 . No house shall. have the same confijzuration that is within two (2) houses on either side or on any 5 houses directly across the street from the subject house (51 % or more in lot width will be considered to be across the street) . Additionally, the house directly behind a corner house is included in these criteria. 2 . No house shall. have the same color package that is within two (2) houses on either side or on any 5 houses directly across the street from the subject house (51 % or more in lot width will be considered to be across the street) . Additionally, the house directly behind a corner house is included in these criteria . 3 . No ranch stile (sin le story house shall be within two (2) houses on either side or on any house directly across the street from the five (5) subject houses (51 % or more in lot width will be considered to be across the street) . Additionally, the house directly behind a corner house is included in these criteria. NOTE: NO HOUSE SH41LL HA VE THE SAME SIDING OR BRICK COLOR ADJECENT TO ONE ANOTHER II . Single Family Attached or Multi Family Communities a . Prior to sales, the Division President will predetermine the criteria. III. Definitions a . Configuration — a combination of product type, elevation, exterior fenestration (Siding, Brick I, Brick II), and color package . b . Color Package — a combination of siding, brick, trim/gutter, accent, and roof colors incorporated into the exterior color fenestration of a single house . PLEASE SEE THE FOLLOWING PAGES FOR EXAMPLES OF EACH CASE, VILLAGE MONOTONY CODE CRITERIA WILL ALWAYS SUPERSEDE THESE INTERNAL CODES ■ J° J� yr? = Subject House I = Restricted Configuration = Restricted Siding & Brick ZL P J. i i MONOTONY CODE i PL , >te ■ = Subject House = Restricted Configuration = Restricted Siding & Brick Color I E i i I I i i I i I i i it ii i i I I i j MONOTONY CODE i ■ = Subject House = Restricted Configuration = Restricted Siding & Brick Color C I i I I C 1 i '�I C MONOTONY CODE STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) D E B Ee I E OILLETTE KENDALI- COUNTY, IL RECORDED: 8/9/2010 12:05 pM ORD: 61.00 RHSAS FEE: 10.00 PAGES; 16 Ordinance No. 2010- 31 AN ORDINANCE AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT (Autumn Creek Subdivision) WHEREAS, it is prudent and in the best interest of the United City of Yorkville, Kendall County, Illinois, that an amendment to the certain Annexation Agreement and Planned Development Agreement pertaining to the annexation of real estate described therein (the "Subject Property") be adopted in order to permit the residential development contemplated in said Annexation Agreement to proceed; and, WHEREAS, said Annexation Agreement authorizes amendments by a purchaser of any portion of Subject Property without approval of the owners of any other portion of the Subject Property so long as such amendments to this do not affect the rights, duties or obligations or the remaining owners; and, WHEREAS, the statutory procedures provided in 65 ILCS 5111-15.1-1, as amended, for the execution of a First Amendment to said Annexation and Planned Development Agreement have been fully complied with. 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 First Amendment to the Annexation Agreement and Planned Development Agreement in the form presented to this meeting attached hereto and made a part hereof is hereby approved; and the Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, said First Amendment to the Annexation Agreement and Planned Development Agreement. Section 2. This Ordinance shall be in full force and effect immediately from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of r ,A.D. 2010. ROBYN SUTCLIFF GEORGE T. GILSON, JR. ARDEN JOE PLOCHER DIANE TEELING GARY GOLINSKI � MARTY MUNNS ROSE SPEARS �Y WALLY WERDERICH APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 1-5 day of D U L L , A.D. 2010. Mayor Attest: e Prepared By and Return To: United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 2 FIRST AMENDMENT TO ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT (Autumn Creek Subdivision) THIS FIRST AMENDMENT to that certain Annexation Agreement and Planned Development Agreement (the "Original Agreement") made and entered into as of the 12th day of April, 2005, by and between Richard J. Theidel and LaSalle Bank National Association, as Successor Trustee under Trust Agreement dated February 15, 1977 and known as Trust Number 4198 ("Owners"), Pulte Home Corporation ("Developer") and the United City of Yorkville ("City") is made this 13 day of J u L t/ , 2010, by and between PULTE HOME CORPORATION, a Michigan corporation and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (the "City") by and through its Mayor and Alderman ("Corporate Authorities"); and, WHEREAS, the Original Agreement relates to certain real estate legally described on Exhibit A attached hereto and made a part hereof and referred to therein as the "Subject Property"; and, WHEREAS, Developer purchased a portion of the Subject Property comprised of approximately 265 acres legally described on Exhibit B attached hereto and made a part hereof and referred to therein as the "Residential Parcel"; and, WHEREAS, Section 34 of the Original Agreement authorizes amendments thereto by a purchaser of any portion of the Subject Property and the City, as to such portion, without any action or approval of the Owners of any other portion of the Subject Property if such Amendments do not affect the rights, duties or obligations of the Owners of the remaining portions of the Property not included in the Amendment; and, WHEREAS, the Developer has acquired the Residential Parcel and the Owners have relinquished all right, title and interest thereto and the Developer and the City now wish to amend the Original Agreement as it relates to the Residential Parcel; and, WHEREAS, the public hearing required by law was geld by the Mayor and City Council of the City upon this Amendment to the Original Agreement, such hearing having taken place on June 8, 2010. NOW, THEREFORE, in consideration of the foregoing preambles and the mutual covenants and agreements contained herein, Developer and the City agree that the Original Agreement is hereby amended as solely pertaining to the Residential Parcel described on Exhibit B as follows: 1. Pursuant to Paragraph 17.13. of the Original Agreement, the City is required to issue a temporary certificate of occupancy when weather conditions do not permit outside painting, landscaping, sidewalks, final surfacing of driveways or final grading for individual homes. City agrees not to collect or seek any payments nor other security from the Developer for the completion of such items on the condition that the Developer deposits with the City cash in the amount of$25,000 as security for the development of the Residential Parcel, which cash deposit shall be replenished in order to maintain a deposit no less than $25,000 until the final certificate of occupancy for each unit included within the Residential Parcel has been issued. At such time as said cash bond is delivered by the Developer, existing cash bonds and/or letters of credit previously delivered by the Developer shall be returned to the Developer. In the event any other person or entity applies for a building permit on the Residential Parcel, a Letter of Credit for such items shall be required pursuant to City Codes. 2. The Developer proposes to develop the Autumn Creek Subdivision in Phases as depicted on Exhibit C attached hereto and made a part hereof and hereby requests the City to review and the City agrees to review and to consider a proposal to amend prior platting of the Autumn Creek Subdivision to permit Phase 4, the area north of Kennedy Road, to be replatted with new engineering, new lot size, and a new product on the condition that all remain single family with no increase in density and all procedures as required by the City Code are strictly adhered to. 3. The Developer proposes to construct the development on a phased basis as depicted on Exhibit C attached hereto and the City agrees to partial acceptance of such public improvements within each phase upon completion of said public improvements on the condition the Developer covenant and agree to remain responsible for maintenance, repair, and/or replacement, if necessary, of any surface structure constructed within that phase until the expiration of the Warranty Period for the last category of public improvements accepted by the City for that phase. For the purposes of this agreement "surface structure" shall mean any part of any public infrastructure that exists above or extends to the ground surface, thereby making it vulnerable to damage. Category of improvement or infrastructure shall constitute each of the following: earthwork, erosion control, water main, sanitary sewer, storm water, paving, lighting, sidewalks and common area landscaping. 4. A. Pursuant to Paragraph 8 of the Original Agreement, the building and related codes in effect as of the date of said Original Agreement were to be applied for a period of five (5) years or until April 12, 2010. Paragraph 8 of the Original Agreement is hereby amended by not extending the building and related codes in affect as of the date of said Annexation Agreement but applying the 2006 building codes and extending the related codes for a period of five (5) years or until April 25, 2015; provided that the Developer waives any extension of the 2 application of the 2006 building codes or any potential grace period after April 25, 2015. B. By applying the 2006 building and related codes hereunder, the City agrees that no requirements for sprinklers or fire suppression devices shall be applied to the single family homes constructed on the Residential Parcel during such period. C. All fees in effect as of the date of the Original Agreement shall continue with no increases, other than the costs incurred by the City for water meters, until April 25, 2015. 5. The Developer hereby requests the City to review and the City agrees to review and consider a replatting of the townhome section of Phase 1 B as depicted on Exhibit C of the Autumn Creek Subdivision to replace the townhomes with single family residences and replat the remaining area on the condition that there is no increase in density and all are procedures as required by the City Code are strictly adhered to. 6. The Developer agrees to provide to the City a fiscal impact analysis with any request to change density of the number of residences from any prior plat, which analysis shall demonstrate that any replatting shall not have any negative impact on the then current homeowners association assessments or special service area payments. 7. The Developer shall keep in place the currently committed funds for the reconstruction of Kennedy Road and not decrease said funds as a result of any change in density which is based upon the original 575 total number of dwelling units, inclusive of 317 single-family and 258 townhome residences. 3 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the date and year first above written. DEVELOPER: PULTE HOME CORPORATION By: Name: 4q Its: [lK� fr•,I and By: Name: t `� Its: JP dF Ry, -Mc CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation i By. Name: VAI-E-4YE Ptukb Its: Mayor ATTEST: Name: Its: City 4 EXHIBIT A ANNEXATION PROPERTY PARCEL 1: THAT 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 LINE OF THE BRISTOL AND OSWEGO ROAD, PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST AND NORTH 35 DEGREES 30 MINUTES WEST 11.02 CHAINS FROM THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE NORTH 34 DEGREES 59 MINUTES 00 SECONDS WEST, ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE CENTERLINE OF U.S. ROUTE 34, MEASURED FROM NORTHEAST TO NORTHWEST, 2,054.60 FEET FOR POINT OF BEGINNING; THENCE SOUTH 52 DEGREES 08 MINUTES 00 SECONDS WEST, 825.40 FEET; THENCE NORTH 38 DEGREES 06 MINUTES 00 SECONDS WEST, 1,803.88 FEET TO THE CENTER LINE OF KENNEDY ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, 1,581.49 FEET TO A POINT WHICH IS 350.0 FEET SOUTHWESTERLY OF, AS MEASURED ALONG SAID CENTER LINE, THE MOST EASTERLY CORNER OF BRISTOL LAKE SUBDIVISION; THENCE SOUTH 38 DEGREES 15 MINUTES 40 SECONDS EAST, 1,639.93 FEET TO A LINE DRAWN NORTH 52 DEGREES 45 MINUTES 17 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 52 DEGREES 45 MINUTES 17 SECONDS WEST, 750.69 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PARCEL2: THAT PART OF THE SOUTH HALF OF SECTION 15 AND THAT PART OF THE NORTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION, AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID SUBDIVISION 1988.0 FEET TO THE NORTHEASTERLY CORNER OF SAID SUBDIVISION; THENCE NORTHWESTERLY ALONG A LINE MAKING AN ANGLE OF 180 DEGREES 13 MINUTES 25 SECONDS MEASURED COUNTER-CLOCKWISE FROM THE LAST DESCRIBED COURSE, A DISTANCE OF 895.02 FEET TO AN EXISTING IRON PIPE STAKE; THENCE EASTERLY ALONG AN OLD FENCE LINE FORMING AN INTERIOR ANGLE OF 58 DEGREES 15 MINUTES 28 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1298.88 FEET (19.68 CHAINS)TO AN IRON PIPE STAKE HEREWITH PLACED; THENCE SOUTHEASTERLY ALONG AN OLD ESTABLISHED LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 124 DEGREES 23 MINUTES 38 SECONDS WITH THE LAST DESCRIBED COURSE A DISTANCE OF 2185.47 FEET TO AN EXISTING IRON PIPE 133300 016 00554363 DOC I STAKE ON THE CENTER LINE OF KENNEDY ROAD WHICH IS 1213.59 FEET NORTHEASTERLY FROM THE POINT OF BEGINNING, AS MEASURED ALONG SAID CENTER LINE; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE 1213.59 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PARCEL 3: THAT PART OF THE NORTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD, WHICH MAKES AN ANGLE OF 88 DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1228.39 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE AFORESAID CENTER LINE OF KENNEDY ROAD, 1348.57 FEET; THENCE NORTHWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 88 DEGREES 37 MINUTES 37 SECONDS WITH THE LAST DESCRIBED COURSE A DISTANCE OF 1224.23 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID BRISTOL LAKE SUBDIVISION WHICH IS 0.46 FEET SOUTHWESTERLY FROM THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE 0.46 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS (EXCEPTING THEREFROM THAT LAND CONVEYED TO KENNETH D. DOTY, JR., IN DEED RECORDED AS DOCUMENT NUMBER R85-5973, DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD, 299.54 FEET; THENCE SOUTHEASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 287.11 FEET; THENCE SOUTHWESTERLY, AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 306.88 FEET TO THE EASTERLY LINE OF A TRACT OF LAND CONVEYED TO HERBERT L. RUCKS BY A WARRANTY DEED RECORDED AUGUST 1, 1966 IN BOOK 149 ON PAGE 303; THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE TO A POINT ON SAID CENTER LINE WHICH IS 0.46 FEET SOUTHWESTERLY OF THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, 0.46 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS) PARCEL 4: THAT PART OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: f 3330 016:00554363 DOC. } COMMENCING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD WHICH MAKES AN ANGLE OF 88 DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1228.39 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE AFORESAID CENTER LINE OF KENNEDY ROAD, 1364.57 FEET FOR THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG THE LAST DESCRIBED COURSE 1348.57 FEET TO THE PENULTIMATE DESCRIBED POINT; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1402.38 FEET; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 84 DEGREES 52 MINUTES 28 SECONDS WITH THE LAST DESCRIBED COURSE (BEING A LINE DRAWN PARALLEL WITH THE CENTER LINE OF U.S. HIGHWAY ROUTE 34) A DISTANCE OF 2301.24 FEET; THENCE NORTHWESTERLY ALONG A LINE DRAWN NORTH 35 DEGREES 30 MINUTES WEST FROM A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22 WHICH IS 23.03 CHAINS WEST OF THE SOUTHEAST CORNER OF SAID SECTION 22 (SAID LINE FORMING AN INTERIOR ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE LAST DESCRIBED COURSE) A DISTANCE OF 914.67 FEET; THENCE NORTHEASTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 92 DEGREES 15 MINUTES 44 SECONDS WITH THE LAST DESCRIBED COURSE 877.73 FEET; THENCE NORTHWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 263 DEGREES 1 I MINUTES 34 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 392.38 TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PARCELS: THA°T PART OF SECTION 22, 'TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10, PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD FORMING AN ANGLE OF 88 DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, 2630.77 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG THE PROLONGATION OF THE LAST DESCRIBED COURSE 1142.51 FEET TO THE CENTER LINE OF U.S. HIGHWAY ROUTE 34; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE FORMING AN INTERIOR ANGLE WITH THE LAST DESCRIBED COURSE OF 84 DEGREES 52 MINUTES 28 SECONDS, 2336.0 FEET TO AN EXISTING IRON PIPE STAKE SAID TO BE OVER THE ORIGINAL f 3330 016 0055 4363 DOC ) LOCATION OF A STONE IN THE CENTER LINE OF THE ORIGINAL BRISTOL AND OSWEGO ROAD PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST AND THENCE NORTH 35 DEGREES 30 MINUTES WEST 11.02 CHAINS FROM THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE NORTH 35 DEGREES 30 MINUTES WEST ALONG A LINE FORMING AN INTERIOR ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE LAST DESCRIBED COURSE 1139.93 FEET TO A LINE DRAWN SOUTHWESTERLY PARALLEL WITH SAID CENTER LINE OF SAID ROUTE NO. 34 FROM THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID PARALLEL LINE FORMING AN INTERIOR ANGLE OF 86 DEGREES 36 MINUTES 53 SECONDS WITH THE LAST DESCRIBED COURSE 2301.24 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. {33300:016.00554363 D04C EXHIBIT B RESIDENTIAL PORTION PARCEL 1: THAT 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 LINE OF THE BRISTOL AND OSWEGO ROAD, PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST AND NORTH 35 DEGREES 30 MINUTES WEST 11.02 CHAINS FROM THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE NORTH 34 DEGREES 59 MINUTES 00 SECONDS WEST, ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE CENTERLINE OF U.S. ROUTE 34, MEASURED FROM NORTHEAST TO NORTHWEST, 2,054.60 FEET FOR POINT OF BEGINNING; THENCE SOUTH 52 DEGREES 08 MINUTES 00 SECONDS WEST, 825.40 FEET; THENCE NORTH 38 DEGREES 06 MINUTES 00 SECONDS WEST, 1,803.88 FEET TO THE CENTER LINE OF KENNEDY ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, 1,581.49 FEET TO A POINT WHICH IS 350.0 FEET SOUTHWESTERLY OF, AS MEASURED ALONG SAID CENTER LINE, THE MOST EASTERLY CORNER OF BRISTOL LAKE SUBDIVISION; THENCE SOUTH 38 DEGREES 15 MINUTES 40 SECONDS EAST, 1,639.93 FEET TO A LINE DRAWN NORTH 52 DEGREES 45 MINUTES 17 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 52 DEGREES 45 MINUTES 17 SECONDS WEST, 750.69 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PARCEL2: THAT PART OF THE SOUTH HALF OF SECTION 15 AND THAT PART OF THE NORTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION, AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID SUBDIVISION 1988.0 FEET TO THE NORTHEASTERLY CORNER OF SAID SUBDIVISION; THENCE NORTHWESTERLY ALONG A LINE MAKING AN ANGLE OF 180 DEGREES 13 MINUTES 25 SECONDS MEASURED COUNTER-CLOCKWISE FROM THE LAST DESCRIBED COURSE, A DISTANCE OF 895.02 FEET TO AN EXISTING IRON PIPE STAKE; THENCE EASTERLY ALONG AN OLD FENCE LINE FORMING AN INTERIOR ANGLE OF 58 DEGREES 15 MINUTES 28 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1298.88 FEET (19.68 CHAINS) TO AN IRON PIPE STAKE HEREWITH PLACED; THENCE SOUTHEASTERLY ALONG AN OLD ESTABLISHED LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 124 DEGREES 23 MINUTES 38 SECONDS WITH THE LAST DESCRIBED COURSE A DISTANCE OF 2185.47 FEET TO AN EXISTING IRON PIPE STAKE ON THE CENTER LINE OF KENNEDY ROAD WHICH IS 1213.59 FEET {33300 016 00554365 DOC. } NORTHEASTERLY FROM THE POINT OF BEGINNING, AS MEASURED ALONG SAID CENTER LINE; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE 1213.59 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PARCEL 3: THAT PART OF THE NORTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD, WHICH MAKES AN ANGLE OF 88 DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1228.39 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE AFORESAID CENTER LINE OF KENNEDY ROAD, 1348.57 FEET; THENCE NORTIWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 88 DEGREES 37 MINUTES 37 SECONDS WITH THE LAST DESCRIBED COURSE A DISTANCE OF 1224.23 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID BRISTOL LAKE SUBDIVISION WHICH IS 0.46 FEET SOUTHWESTERLY FROM THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE 0.46 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS (EXCEPTING THEREFROM THAT LAND CONVEYED TO KENNETH D. DOTY, JR., IN DEED RECORDED AS DOCUMENT NUMBER R85-5973, DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD, 299.54 FEET; THENCE SOUTHEASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 287.11 FEET; THENCE SOUTHWESTERLY, AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 306.88 FEET TO THE EASTERLY LINE OF A TRACT OF LAND CONVEYED TO HERBERT L. RUCKS BY A WARRANTY DEED RECORDED AUGUST 1, 1966 IN BOOK 149 ON PAGE 303; THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE TO A POINT ON SAID CENTER LINE WHICH IS 0.46 FEET SOUTHWESTERLY OF THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, 0.46 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS) PARCEL 4: THAT PART OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: {33300 O16 00554365 DOC ) COMMENCING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD WHICH MAKES AN ANGLE OF 88 DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1228.39 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE AFORESAID CENTER LINE OF KENNEDY ROAD, 1364.57 FEET FOR THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG THE LAST DESCRIBED COURSE 1348.57 FEET TO THE PENULTIMATE DESCRIBED POINT; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1402.38 FEET; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 84 DEGREES 52 MINUTES 28 SECONDS WITH THE LAST DESCRIBED COURSE (BEING A LINE DRAWN PARALLEL WITH THE CENTER LINE OF U.S. HIGHWAY ROUTE 34) A DISTANCE OF 2301.24 FEET; THENCE NORTHWESTERLY ALONG A LINE DRAWN NORTH 35 DEGREES 30 MINUTES WEST FROM A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22 WHICH IS 23.03 CHAINS WEST OF THE SOUTHEAST CORNER OF SAID SECTION 22 (SAID LINE FORMING AN INTERIOR ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE LAST DESCRIBED COURSE) A DISTANCE OF 914.67 FEET; THENCE NORTHEASTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 92 DEGREES 15 MINUTES 44 SECONDS WITH THE LAST DESCRIBED COURSE 877.73 FEET; THENCE NORTHWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 263 DEGREES 11 MINUTES 34 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 392.38 TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PARCELS: THAT PART OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10, PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD FORMING AN ANGLE OF 88 DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, 2630.77 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG THE PROLONGATION OF THE LAST DESCRIBED COURSE 1142.51 FEET TO THE CENTER LINE OF U.S. HIGHWAY ROUTE 34; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE FORMING AN INTERIOR ANGLE WITH THE LAST DESCRIBED COURSE OF 84 DEGREES 52 MINUTES 28 SECONDS, 2336.0 FEET TO AN EXISTING IRON PIPE STAKE SAID TO BE OVER THE ORIGINAL {33300.016.00554365.DOC I LOCATION OF A STONE IN THE CENTER LINE OF THE ORIGINAL BRISTOL AND OSWEGO ROAD PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST AND THENCE NORTH 35 DEGREES 30 MINUTES WEST 11.02 CHAINS FROM THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE NORTH 35 DEGREES 30 MINUTES WEST ALONG A LINE FORMING AN INTERIOR ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE LAST DESCRIBED COURSE 1139.93 FEET TO A LINE DRAWN SOUTHWESTERLY PARALLEL WITH SAID CENTER LINE OF SAID ROUTE NO. 34 FROM THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID PARALLEL LINE FORMING AN INTERIOR ANGLE OF 86 DEGREES 36 MINUTES 53 SECONDS WITH THE LAST DESCRIBED COURSE 2301.24 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: THAT PART OF THE SOUTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 27, IN BRISTOL LAKE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT 137733 IN PLAT BOOK 10, AT PAGE 58, ON MAY 10, 1962; THENCE SOUTH 33 DEGREES 58 MINUTES 14 SECONDS EAST 33.00 FEET TO THE CENTERLINE OF KENNEDY ROAD; THENCE NORTH 55 DEGREES 00 MINUTES 21 SECONDS EAST 299.54 FEET AS MEASURED ALONG SAID CENTERLINE; THENCE SOUTH 34 DEGREES 59 MINUTES 39 SECONDS EAST 287.11 FEET; THENCE SOUTH 55 DEGREES 00 MINUTES 21 SECONDS WEST 306.92 FEET; THENCE SOUTH 33 DEGREES 37 MINUTES 35 SECONDS EAST 1,329.42 FEET; THENCE SOUTH 47 DEGREES 27 MINUTES 46 SECONDS EAST 1,247.97 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 34 DEGREES 46 MINUTES 42 SECONDS EAST 65.00 FEET; THENCE SOUTH 27 DEGREES 32 MINUTES 48 SECONDS EAST 238.32 FEET; THENCE SOUTH 34 DEGREES 46 MINUTES 42 SECONDS EAST 588.35 FEET TO THE NORTHERLY RIGHT OF WAY OF U.S. ROUTE 34 PER GRANT DATED APRIL 13, 1923 AND RECORDED APRIL 18, 1923 IN BOOK 76, PAGE 82, AND BY GRANT DATED APRIL 7, 1923 AND RECORDED APRIL 18, 1923, IN DEED RECORD IN BOOK 76, PAGE 30; THENCE SOUTH 55 DEGREES 12 MINUTES 58 SECONDS WEST 997.93 FEET AS MEASURED ALONG SAID RIGHT OF WAY LINE; THENCE NORTH 38 DEGREES 09 MINUTES 48 SECONDS WEST 891.55 FEET; THENCE NORTH 55 DEGREES 13 MINUTES 34 SECONDS EAST, 1,080.56 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. A PORTION OF THE ABOVE DESCRIBED PARCELS INCLUDE PROPERTY NOW KNOWN AS AUTUMN CREEK P.U.D. UNIT 1 AND AUTUMN CREEK P.U.D. UNIT 2 AS LEGALLY DESCRIBED BELOW. AUTUMN CREEK P.U.D., UNIT 1 FINAL PLAT OF SUBDIVISION BEING A SUBDIVISION OF THE SOUTH HALF OF SECTION 15 AND THE NORTH HALF OF SECTION 22,TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF RECORDED WITH THE KENDALL COUNTY RECORDER ON JANUARY 3, 2006 AS DOCUMENT NO. 20060000144,AMENDED BY CERTIFICATE OF CORRECTION RECORDED APRIL 3, 2006 AS DOCUMENT NO. 200600009685, AMENDED BY CERTIFICATE OF CORRECTION RECORDED.TUNE 5, (33300:016 00554365 DOC } 2006, RECORDED AS DOCUMENT 200600016609 AND AMENDED BY CERTIFICATE OF CORRECTION RECORDED FEBRUARY 6, 2007 AS DOCUMENT 200700004498. ("AUTUMN CREEK P.U.D. UNIT 1") AND AUTUMN CREEK P.U.D., UNIT 2 FINAL PLAT OF SUBDIVISION BEING A SUBDIVISION OF THE NORTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF RECORDED WITH THE KENDALL COUNTY RECORDER ON NOVEMBER 13, 2007 AS DOCUMENT NO. 200700033 06 1. ("AUTUMN CREEK P.U.D. UNIT 2") EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY THOSE PORTIONS CONVEYED BY DEVELOPER TO OTHERS. {33300 016:00554365 DOC 1 ;-77� F \ U22 �s 3 15 'I i tq p,uflfl � 1 SV ICJ 15 EXISTING 29 MULTI—FAMILY LOTS 127 UNITS (TO REMAIN) GROSS AREA = 19.56 ACRES o w NET (MF) LOT AREA = 15.71 ACRES o U PROPOSED 31 SINGLE FAMILY L 0 TS w y. ADDED TO EXIST. 168 (SF) LOTS Z w fDn = 199 TOTAL (SF) LOTS N X GROSS AREA = 81.31 ACRES 5 E NET (SF) LOT AREA = 61.92 ACRES w GZO �� m cnz T N °o° 0 0 ° 0 0 o I OD 000 0 O O p0° o i 0 ❑ ❑❑ ❑❑ ❑❑❑ U❑ °po 00 � �; Mi �i �onrooio o0 ❑10 ❑ ❑❑❑❑❑❑ 00 0 0 oo° ° 0° CD ❑❑❑❑ o ❑ ❑ O° O ,v O❑ ❑ ❑❑❑Cl❑ ❑ ❑ ❑❑❑ ❑�� o O � ` o ❑ ❑ a ❑❑ 000 CD o❑°°°❑❑❑°�°°°°°°°°p° CHRISTY LANE � o 0 E - o 7 r— III 11 9 II �' - < �' ai EXI S TING PROPOSED r — II J GROSS AREA = 45.26 AC co i Qp O I \ DU/AC. = 1.63 (GROSS) 0 0 CO PHA SE I AREA PHA SE I AREA _ _ - - i�� 0 ° ° `� I \ � . o GROSS AREA I32. 57 GROSS AREA I32. 57 NET AREA = 24.80 AC p o CD I \ '¢ - - III'o^I dey / DU/AC. = 2.98 (NET) o DU/A C = 3. 03 (GROSS) DU/A C = 2. 46 (GROSS) I r II '�y I a) - M HAS = - � I yd, I � __ � L NET AREA - 77. 63 NET AREA - 77. 63 I I ys = y j ys — = a Y o I - -I � L� � o o � D U/A C. = 5. 18 (NET) D U/A C. = 4. 20 (NET) I y°^_ _ - - - co >- 1B yo I J I ® 1 0^ V I 1� N I , , — MN CREEK gl-v� — °' e•�yo^ eA' I I I �' LILLIAN LANE O W t_ — = — ' LL III - UTUR'r ' � � v ~ � 04, �' ,�� li I I 'II W O JOW i o } CF f ° O Q J W GROSS AREA W X 41.8J DU/AC. = 1.79 (GROSS) 4 � W T EA 25.49 C W L DU AC. 2.94 (NET) J J LAKEVIEW ROAD " Um ZW � W w 00 a I JL O O I r— r nllnll 11 I 0 I � I 0 a1 y^I1 y 1 ^ Q JL a < ,4\ in O y A'� \ /` I I I I I I ' I I ' I I �yd I I ^< �- yd -' D 0 m y^ ,),yo- J LL_ _ _ _ -1I I-J L _ JL _ JL I I ou y — _ -1 V Ill �^ yo yo y° 1.0 I I I I I I I I ' `'C`'� Py `►4 4A ` I - I I I I y I I �¢' I y i n EXPIRES: coYY < ?N y _ S d g n 4� — L y0 v lX � �-. �1�y � °^� yd \ \ � � �1�yo 9�" °` ^ � I � I y°" I I I � � '�ww Ill,TA o- J \ �p y n I FT 4 I O —All LL a < y�a / I 6y0 yo I I I L — — — J _ / _T 01' N�:/ ,6\ L _46i o I I �p -0 0^ 1 `I a �^ I I 0^ ` I yon a J ��^ \ y � c; y I y�j �y �> y ,� �y 11� "Ilo- pl o 4j I —y ,� >L _= J L =� J I J — /r a U LZL� 0 y0 n Y a 1} 10 ^ � � — y / / n d'I y o I M I .. o- �► o'¢ a i ,y I o- day I I yd` I I ,¢ I I // \ / / y SHEET ORIENTATION LAI o- -0 n f,}� L— — J _ _ -zoo 0 100 200 N O yd� -yd• y0^ y°^ Y py d 4' 4, " _ _... y°n b \ at V! � o a � � � 4 _ � � ( IN FEET ) O v' 4 E r�- / `- -�- �` 4 A 1 inch - �00 f t. C) � 4� / �/� O I I HORIZ. SCALE: U, �, �' � � DATE. 01 o �' I I 1 200 10-31-11 �' �► � VERT. SCALE: - o 2"p � SUBMITTAL. zo C) 4 1 EXISTING N/A #2 o N 24 MUL TI—FAM/L Y LOTS / 107 UNITS DWN. BY• DSN. BY: CHK. BY• o- o AREA = 13.07 _o �i DU/AC. = 8.19 I I EJG EJG KMH 'm I I PROJECT NO. Q PROPOSED I I 88100362 t0- ° I � III PROJECT LIMITS 11 1 SHEET NO. 31 SINGLE—FAMILY LOTS m Q AREA = 13.07 DU/AC. = 2.37 C - 001 o Q) o E E O dX— C) AUTUMN CREEK P . U . D . UNIT 1A N(9 AUTUMN CREEK M[fly T, PER DOCUMENT NUMBER R200600000144 FINAL PLAT OF R AMENDED BY CERTIFICATES OFCORRECTION AS DOCUMENT NUMBERS R200600009685, R200600016609, R200700004498, BEING A RESUBDIVISION OF AUTUMN CREEK UNIT 1 , PER DOCUMENT NUMBER R200600000144 RECORDED JANUARY 3. 2006 AND AMENDED BY CERTIFICATES OF CORRECTION AS DOCUMENT NUMBER R200600009685+ CONCRETE MONUMENT RECORDED APRIL 3. 2006. DOCUMENT NUMBER R200600016609. RECORDED JUNE 54 2006+ AND DOCUMENT TO BE SET NUMBER R200700004498. RECORDED FEBRUARY 6, 2007, ALL IN KENDALL COUNTY, ILLINOIS. N80 0 5�'30 0 50 100 199.4 9' N89° 58'56"W 135. 71' 37 60, W Nj AUTUMN REEK UNu� T, : ,.. . FEET S$4 0 07158 W 50.05 Ja¢ SCALE 50 EE 20'PUBLIC UTILITY AND DRAINAGE EASEMENT 9SSf� �3 ¢"QS PER DOCUMENT NUMBER R200600000144 AND DRAINAGE EASEMENT 6 J�, �'�/ AMENDED BY CERTIFICATES OFCORRECTION AS DOCUMENT `��♦ UTILITY 20.00'BUILDI G SETBACK LINE ,O6 ^6 NUMBERS R200600009685, R200600016609, R200700004498, ' 20'P ueuc A SETBACK LINE Z O ` ��' 20.00'BUiL Di ?p- A 6 qN/FUT� T �� 36, 2 y �� \ 1s se, S y �� 30 d 31 BACk /yC $0 � PS 29 10.578 S.F. (0• E 1 1. 158 S.F. ^ A 10. 760 S.F. J8�\PGE I fV / \moo o°oG e 0 32 20 r 28 10�■ l 10.548 S.F. oovti9cS.96O 13.291 S.F. A-84.37' 10.0 / °ry eyCeG�o�`�gsF c� 27 \ _ _ 0 433 QQ, \ 33 •r�'V w� 12,059 S.F. \/ ��. �� \ / 10. 736 S.F. 0✓ / \ 00 ° A■61 ° SAGE CO URT �'S 0 !��,/ 1�, A• ° HEREBY DEDICATED OQ CITY OF YORKVILLE ,q�Q- TO THE UNITED 5,5.8,j•� \ � o c o ' sF2i ,, 11.506 S.F. AN j \ C)m , c ZZ 25'o •2 10 it 26 1 . � A�°22 0' � .I \per'/ ti , ,♦ 0 / qtr o12.054 S.F. -Q / 22 ti, ,�J/.00'\ 91,6 ca�O !9 O•(�(� �� !� --vz� O • 10.218 S.F. 21 h / \ .�1 s !--y A. 16, 6,6 �� r 11.016 S.F. ry \ Ric ��, G�+ �0 \ 1 D� , (�1, - , 23 1 20.00'BUIL DING I TACK Mory�O/ \ S��o �`9sr f2 �y ' / \ \ 14.686 S.F. 1 \ , �O� mK ��O�'. \�� , ! 10.862 S.F. I ) _ 20'PUBL/C UTILITY AND ORA/NAGE EASEMENT -- 25 s y��eP LP�� 1 92. I 02 E 9 16.271 S.F. O� 10 0 "' 11.311 S.F. ,I tJPG� k 6• 6 , 1 �� / �� •a'dy 2 o 24 �U � P� !,�� c,� .y�j ,` \ \ 15.350 S.F. \\ G SF 1 1.829 S.F. 0J �� J� o , 'qC OGO �G J `'{,Q� �OQp�P 9 S'V ' !� St 00 / Q♦ j \ �{,f� \ `S6+Jo ,,FgSF Y I�NF c¢ 00 '�jfp 0 J �J `��•'��'� �6�� p // / ` 19 �/ �° $ ,N6 15.577 S.F. O \ \ 15.425 S.F. \ 63.33 °�� • �� ,o, \ 9 o 1 g \/ \ D�4 \ \ Qc� �� 16.903 S.F. 4 15.515 S.F. A� \\ \/ ♦� � \ cp*,\v - 17 5 \ A UTUMN rl�i�� 0 ^ \ 1 7.032 S.F. , cj �� \ 15.619 S.F. Nbb PER DOCUMENT NUMBER R200600000144 \ AMENDED BY CERTIFICATES OFCORRECTION AS DOCUMENT NUMBERS 8200600009685, 8200600016609, 8200700004498, C5O, ° 16.896 S.F. 6 \ / O /\ \ \ / 18.475 S.F. J33 \ \ / / OW 15 66.00. lcj 16, 110 S.F. • \ �` �\ \ / 18.587 S.F. a Q' 6.270 S.F. \ S�2 0 N17 If h. 9 94. 5 �`1� 16. 14 ' 015 It \AID� AUTUMN CREEK MMff 1, 'VV 1 O l,�, 2 �'Y 47' g,, PER DOCUMENT NUMBER 8200600000144 I� g 169�50� AMENDED BY CERTIFICATES OFCORRECTION AS DOCUMENT I 178 ,'. NUMBERS R200600009685, R200600016609, R200700004498, I cp 14 9 h I Q 15,963 S.F. �• I 15.640 S.F. I 20.00' h O 0 I I �O Q I o� 1I 10 �' ro v, I 13 I • 16.255 S.F. I 15.335 S.F. I I II - J V • 0 I ry L I 66.00' I J 0�A 4' CI- O 12 6.369 S.F. eF 11 7.085 S.F. M • C J Q er _ J S870 48'05"E 24 86' S 3 '37„EN 4. 209.24' - 2 �R= 1,250.00' nj A=6.35' I 2 I � J - I SINGLE MEN l ELp & SET GEND V (T YPICAL RESIDENTIAL LOTS UNLESS OTHERWISE NOTED) o STREET I I ° O O I 10'PUBLIC UTILITY AND DRAINAGE EASEMENT I - \ I � - 5.00' 30'BOIL DING �I 30'BUIL DING ' ` I Q W SETBACK LINE SSE TRACK LINE Lj Z � • J J J J L- L LOT LOT z W ° � z 1 . ALL DIMENSIONS ARE GIVEN IN FEET AND I > > DECIMAL PARTS THEREOF. SETBACK LINE � 10.00 10.00'_v 2. NO DIMENSIONS SHALL BE DERIVED FROM CL CL a�LL SCALE MEASUREMENT. AUTUMN CREEK BOULEVARD 0 10'PUBLIC UTILITY AND DRAINAGE EASEMENT 3. UPON COMPLETION OF CONSTRUCTION. CONCRETE AUTUMN CREEK Uffly T, o MONUMENTS, AS SHOWN. ANDS/4' x 24" IRON ° PIPES+ AT ALL LOT CORNERS, ANGLE POINTS AND PER DOCUMENT NUMBER R200600000144 0 AMENDED BY CERTIFICATES OFCORRECTION AS DOCUMENT POINTS OF CURVATURE. WILL BE SET. NUMBERS R200600009685, R200600016609, R200700004498, Th��n�0� SllZ'11 Ltd. DSGN. TITLE: PROJECT NO. lilt PULTE GROUP DWN. PMR AUTUMN CREEK P.U.D. 3855PS nT9575 W. Higgins Rood. Suite 850 1901 NORTH ROSELLE ROAD UNIT 1A SHEET I OF 2 Rosemont. IL. 60018 CHKD. pMS J LA FAX: (847) 38-9792 SUITE 1000, I. 9-30-u REVISED PER VILLAGE COMMENTS DMS. FINAL PLAT OF RESUBDIVISION DRAWING NO. pryonothomsonitd.COm NO. DATE NATURE OF REVISION CHKD. SCALE: I' = 50 FEET © THOMSON SURVEYING, LTD., 2011 SCHAUMBURG, IL 60195 FILE NAME H:\DGN\3855PS\RESUB\3855-RESUB-I.PLN I DATE: 11/23/2010 YORKVILLE, ILLINOIS 3855-RESUB-1.PLN - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - P . U . D . RECORDING SPACE: PART OF PERMANENT INDEX NUMBER: 02-22-255-015 (LOT 133 ) N 02-22-255-016 (LOT 134 )A U T U M N C R E E K 02-22-255-017 (LOT 1351 N 02-22-255-018 (LOT 1361 02-22-255-019 (LOT ,37 ) �OWNER'S CERTIFICATE U N I T 1 A 02-22-255-020 (LOT 139 ) , 00 z o0 STATE OF ILLINOIS ) N Z UJ COUNTY OF COOK ) FINAL PLA 02-22-255-021 (LOT 140) Z 02-22-255-022 (LOT 141 ) 02-22-255-023 (LOT 142 ) THIS IS TO CERTIFY THAT THE UNDERSIGNED IS (ARE ) THE OWNER(S) OF THE 02-22-255-024 (LOT 143 ) w ? BEING A RESUBD1VISlON OF AUTUMN CREEK UNIT 1 . PER DOCUMENT NUMBER 8200600000144 RECORDED w w 3 Ln PROPERTY DESCRIBED ON THE ATTACHED PLAT AND HAS (HAVE ) CAUSED 02-22-255-025 (LOT 1441 THE SAME TO BE SURVEYED. SUBDIVIDED AND PLATTED AS SHOWN BY THE JANUARY 3. 2006 AND AMENDED BY CERTIFICATES OF CORRECTION AS DOCUMENT NUMBER 8200600009685. 02-22-255-026 (LOT 145 ) _ cr Lc Cc PLAT FOR THE USES AND PURPOSES AS INDICATED THEREON. AND DOES RECORDED APRIL 3. 2006. DOCUMENT NUMBER R200600016609. RECORDED JUNE 51 2006, AND DOCUMENT a NUMBER 8200700004498. RECORDED FEBRUARY 6. 2007. ALL IN KENDALL COUNTY. ILLINOIS. 02-22-255-027 (LOT 1461 0- N o M HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND 02-22-255-028 (LOT 147 ) TITLE THEREON INDICATED. 02-22-255-029 (LOT 148 ) z THE UNDERSIGNED HEREBY DEDICATES FOR PUBLIC USE THE LANDS SHOWN 02-22-257-010 (LOT 153 ) THE TAX BILL SHOULD BE SENT TO Q ON THIS PLAT FOR THOROUGHFARES. STREETS. ALLEYS AND PUBLIC SERVICES: 02-22-257-009 (LOT 154 ) AND HEREBY ALSO RESERVES FOR ANY ELECTRIC. GAS, TELEPHONE. CABLE TV 02-22-257-007 (LOT 156 ) PULTE GROUP Q y OR OTHER TELECOMMUNICATIONS COMPANY UNDER FRANCHISE AGREEMENT 02-22-257-006 (LOT 157 ) 1901 NORTH ROSELLE ROAD WITH THE UNITED CITY OF YORKVILLE. THEIR SUCCESSORS AND ASSIGNS. THE 02-22-257-005 (LOT 158 ) EASEMENT PROVISIONS WHICH ARE STATED HEREON. 02-22-257-004 (LOT 159 ) SUITE 1000, = Q 02-22-257-003 (LOT 160) SCHAUMBURG, IL 60195 a m THE UNDERSIGNED FURTHER CERTIFIES THAT ALL OF THE LAND INCLUDED IN 02-22-257-002 (LOT 161 THIS PLAT LIES WITHIN THE BOUNDARIES OF YORKVILLE COMMUNITY UNIT = N_ SCHOOL DISTRICT 115. Y y O KENDALL COUNTY RIGHT TO FARM STATEMENT qua Z WITNESS MY (OUR) HAND AND SEAL AT SCHAUMBURG. ILLINOIS NOTICE: CITY ADMINISTRATOR'S CERTIFICATE c °C J THIS DA OF 2011. KENDALL COUNTY HAS A LONG, RICH TRADITION IN AGRICULTURE AND RESPECTS THE V LL W ROLE THAT FARMING CONTINUES TO PLAY IN SHAPING THE ECONOMIC VIABILITY OF THE COUNTY. PROPERTY THAT SUPPORTS THIS INDUSTRY IS INDICATED BY A ZONING STATE OF ILLINOIS ) z O -i INDICATOR - A-1 OR AG SPECIAL USE. ANYONE CONSTRUCTING A RESIDENCE OR FACILITY )SS z = > NEAR THIS ZONING SHOULD BE AWARE THAT NORMAL AGRICULTURAL PRACTICES MAY COUNTY OF KENDALL ) � RESULT IN OCCASIONAL SMELLS, DUST, SIGHTS, NOISE, AND UNIQUE HOURS OF OPERATION SIGNATURE - ATTORNEY-IN-FACT SIGNATURE - ATTORNEY-IN-FACT THAT ARE NOT TYPICAL IN OTHER ZONING AREAS. APPROVED AND ACCEPTED BY THE CITY ADMINISTRATOR OF THE UNITED CITY A.D..20 a PRINTED NAME PRINTED NAME CITY ENGINEER'S CERTIFICATE OF YQRKVILLE.ILLINOIS. THIS DAY OF . 11. 1901 NORTH ROSELLE ROAD, SUITE 1000. SCHAUMBURG. IL 60195 STATE OF ILLINOIS 1 CITY ADMINISTRATOR w a OWNER'S ADDRESS z 155 Ld COUNTY OF KENDALL 1 H U. 1, ,CITY ENGINEER FOR THE UNITED CITY OF YORKVILLE, DO HEREBY CERTIFY THAT THE REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED OR THE REOUIRED GUARANTEE COLLATERAL HAS BEEN POSTED FOR THE COMPLETION OF ALL IMPROVEMENTS, O NOTARY CERTIFICATE DATED AT YORKVILLE.ILLINOIS THIS DAY OF A.D..2011. COUNTY RECORDER'S CERTIFICATE a N Z • STATE OF ILLINOIS ) N N )SS STATE OF ILLINOIS )SS COUNTY OF COOK ) CITY ENGINEER COUNTY OF KENDALL 1, ,NOTARY PUBLIC IN AND FOR THE STATE THIS INSTRUMENT NUMBER WAS FILED FOR RECORD IN THE RECORDER'S OFFICE OF AND COUNTY AFORESAID.HEREBY CERTIFY THAT KENDALL COUNTY.ILLINOIS ON THIS DAY OF ,A.D..2011 AND ,PERSONALLY KNOW TO ME TO BE THE SAME AT O'CLOCK M. PERSON(S)WHOSE NAME(S)IS(ARE)SUBSCRIBED TO THE FOREGOING INSTRUMENT, Z Y - w APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED THE EXECUTION OF THE CITY P L A N COMMISSION C E R T I F I C A T E a LA 3: Q ANNEXED PLAT AND ACCOMPANYING INSTRUMENTS FOR THE USES AND PURPOSES O O U (A O THEREIN SET FORTH AS HIS (HER)(THEIR)FREE AND VOLUNTARY ACT, KENDALL COUNTY RECORDER STATE OF ILLINOIS 1 )SS GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF .2011, COUNTY OF KENDALL 1 0 tC APPROVED AND ACCEPTED BY THE PLAN COMMISSION OF THE UNITED CITY OF YORKVILLE.ILLINOIS, U NOTARY PUBLIC THIS DAY OF .2011, SURVEYOR'S CERTIFICATE STATE OF ILLINOIS ) CHAIRMAN 2 a SS N COUNTY OF COOK ) Z m Ln THIS IS TO CERTIFY THAT WE. THOMSON SURVEYING, LTD.. ILLINOIS PROFESSIONAL DESIGN COUNTY CLERK 'S CERTIFICATE FIRM NUMBER 184-002768. AT THE REOUEST OF THE OWNER(S) THEREOF HAVE SURVEYED. SUBDIVIDED AND PLATTED. THE FOLLOWING DESCRIBED PROPERTY: a > L, STATE OF ILLINOIS 1 0: 00 THAT PART OF AUTUMN CREEK UNIT I. BEING A SUBDIVISION OF PART OF THE )SS > i SOUTH HALF OF SECTION 15 AND PART OF THE NORTH HALF OF SECTION COUNTY OF KENDALL 1 C) m Ln 22. TOWNSHIP 37 NORTH. RANGE 7. EAST OF THE THIRD PRINCIPAL MERIDIAN. PER DOCUMENT NUMBER R200600000144 RECORDED JANUARY 3. 2006 AND w AMENDED BY CERTIFICATES OF CORRECTION AS DOCUMENT NUMBER R200- 1, .COUNTY CLERK Of KENDALL COUNTY.ILLINOIS 0: 600009685. RECORDED APRIL 3. 2006. DOCUMENT NUMBER R200600016609. AFORESAID.DO HEREBY CERTIFY THAT THERE ARE NO DELINOUENT GENERAL TAXES.NO UNPAID 0 a_ RECORDED JUNE 5. 2006. AND DOCUMENT NUMBER R200700004498, RECOR- CURRENT TAXES.NO UNPAID FORFEITED TAXES,AND NO REDEEMABLE TAX SALES AGAINST ANY a Ln DIED FEBRUARY 6. 2007. ALL IN KENDALL COUNTY. ILLINOIS, DESCRIBED AS OF THE LAND INCLUDED IN THE PLAT HEREIN DRAWN. IFURTHER CERTIFY THAT (HAVE RECEIVED Z 00 FOLLOWS: BEGINNING AT THE EASTERN MOST CORNER OF LOT 161, SAID ALL STATUTORY FEES IN CONNECTION WITH THE PLAT HEREIN DRAWN. Z POINT BEING COINCIDENT WITH THE SOUTHERN MOST CORNER OF LOT 112 IN SAID SUBDIVISION; THENCE SOUTH 50 DEGREES 05 MINUTES 46 SECONDS WEST GIVEN UNDER MY HAND AND SEAL OF THE COUNTY CLERK AT YORKVILLE.ILLINOIS 20.00 FEET; THENCE SOUTH 48 DEGREES 19 MINUTES 30 SECONDS WEST 88.84 FEET; THENCE SOUTH 43 DEGREES 18 MINUTES 43 SECONDS WEST 90.66 FEET; THENCE SOUTH 38 DEGREES 10 MINUTES 57 SECONDS WEST THIS DAY OF ,A.D..2011. 90.66 FEET; THENCE SOUTH 33 DEGREES 03 MINUTES II SECONDS WEST 90.66 FEET; THENCE SOUTH 27 DEGREES 55 MINUTES 24 SECONDS WEST 90.66 FEET; THENCE SOUTH 22 DEGREES 47 MINUTES 39 SECONDS WEST COUNTY CLERK 90.66 FEET; THENCE SOUTH 17 DEGREES 39 MINUTES 54 SECONDS WEST , w w 16.14 FEET; THENCE SOUTH 53 DEGREES 53 MINUTES 13 SECONDS WEST 57,66 FEET; THENCE NORTH 72 DEGREES 08 MINUTES 11 SECONDS WEST a a TO AVINGFAERAD USAOF POINT 1217.00 FEET CURVE ANDSAID A CURVE CHORD BEING THAT BEARS SOUTH EASTER SLY CITY COUNCIL CERTIFICATE Z DEGREES 36 MINUTES 28 SECONDS WEST 95.81FEET THENCE SOUTHERLY Z J ALONG SAID CURVE 95.83 FEET; THENCE SOUTH 81 DEGREES 47 MINUTES 29 STATE OF ILLINOIS 1 SECONDS EAST 178.11 FEET; THENCE SOUTH 15 DEGREES 24 MINUTES 07 )SS LL SECONDS WEST 43.16 FEET; THENCE SOUTH 08 DEGREES 09 MINUTES 02 COUNTY OF KENDALL 1 SECONDS WEST 86.11FEET; THENCE SOUTH 05 DEGREES 39 MINUTES 48 SECONDS WEST 83.97 ; SECONDS WEST 209.24F FEET TTONAE POINT HO$7CURVEESAID CURVE MINUTES PUBLIC UTILITY AND DRAINAGE CONCAVE EASTERLY HAVING A RADIUS OF 1250.00 FEET AND A CHORD THAT APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE UNITED EASEMENT PROVISIONS BEARS SOUTH 02 DEGREES 20 MINUTES 39 SECONDS WEST 6.35 FEET CITY OF YORKVILLE. ILLINOIS. THENCE SOUTHERLY ALONG SAID CURVE 6.35 FEET; Q THENCE NORTH 87 DEGREES 48 MINUTES 05 SECONDS WEST 224.86 FEET; THIS DAY OF A.D. . 2011 . A NON-EXCLUSIVE EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO SBC THENCE NORTH 32 DEGREES 03 MINUTES 49 SECONDS EAST 51.72 FEET; AMERITECH, NICOR, COM ED, JONES INTERCABLE, OTHER PUBLIC UTILITIES, AND Q THENCE NORTH 06 DEGREES 55 MINUTES 12 SECONDS EAST 183.36 FEET; HOLDERS OF EXISTING FRANCHISES GRANTED BY UNITED THE CITY OF YORKVILLE, Q THENCE SOUTH 83 DEGREES 03 MINUTES 49 SECONDS EAST 169.50 FEET; ILLINOIS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS WITHIN THE AREAS EASEMENT P RO V I S I 0 N S OC UM TO A POINT OF CURVE SAID CURVE BEING CONCAVE EASTERLY HAVING A SHOWN ON THE PLAT AS "PUBLIC UTILITY & DRAINAGE EASEMENT" (obbrevioted P.U. RADIUS OF 1283.00 FEET AND A CHORD THAT BEARS NORTH 14 DEGREES MAYOR & D.E.) TO CONSTRUCT, INSTALL, RECONSTRUCT, REPAIR, REMOVE, REPLACE, INSPECT, r 33 MINUTES 19 SECONDS EAST 124,14 FEET THENCE NORTHERLY ALONG MAINTAIN AND OPERATE UNDERGROUND TRANSMISSION AND DISTRIBUTION SYSTEMS A NON-EXCLUSIVE EASEMENT FOR SERVING THE SUBDIVISION AND OTHER PROPERTY LL O SAID CURVE 124.19 FEET. THENCE NORTH 71 DEGREES 19 MINUTES 55 AND LINES UNDER THE SURFACE OF THE "PUBLIC UTILITY & DRAINAGE EASEMENT", WITH ELECTRIC AND COMMUNICATION SERVICE IS HEREBY RESERVED FOR AND CID SECONDS WEST 46.17 FEET; THENCE NORTH 67 DEGREES 55 MINUTES 03 J SECONDS WEST 149.49 FEET; THENCE NORTH 22 DEGREES 04 MINUTES 57 , INCLUDING WITHOUT LIMITATION TO TELEPHONE CABLE, GAS MAINS, ELECTRIC LINES, GRANTED TO= SECONDS EAST 188.60 FEET; THENCE NORTH 26 DEGREES 37 MINUTES 46 CITY CLERKS CERTIFICATE CABLE TELEVISION LINES, AND ALL NECESSARY FACILITIES APPURTENANT THERETO, uu SECONDS EAST 75.18 FEET; THENCE NORTH 31 DEGREES 10 MINUTES 34 TOGETHER WITH THE RIGHT OF ACCESS THERETO FOR THE PERSONNEL AND EQUIP- COMMONWEALTH EDISON COMPANY AND W J SECONDS EAST 159.57 FEET; THENCE NORTH 37 DEGREES 44 MINUTES 22 MENT NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES AND TOGETHER SBC AMERITECH ILLINOIS A.K.A. ILLINOIS BELL TELEPHONE Q SECONDS EAST 9.35 FEET; THENCE NORTH 86 DEGREES 26 MINUTES 02 WITH THE RIGHT TO INSTALL REQUIRED SERVICE CONNECTIONS UNDER THE SURFACE COMPANY, GRANTEES, ` SECONDS WEST 92.66 FEET; THENCE SOUTH 49 DEGREES 50 MINUTES 38 STATE OF ILLINOIS ) OF EACH LOT TO SERVE IMPROVEMENTS THEREON. a= Q SECONDS WEST 146.72 FEET; THENCE SOUTH 82 DEGREES 00 MINUTES 59 )SS THEIR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNS, JOINTLY AND SECONDS WEST 63.33 FEET; THENCE NORTH 67 DEGREES 53 MINUTES 13 COUNTY OF KENDALL 1 A NON-EXCLUSIVE EASEMENT IS ALSO HEREBY RESERVED FOR AND GRANTED TO SEVERALLY, TO CONSTRUCT, OPERATE, REPAIR, MAINTAIN, MODIFY, SECONDS WEST 128.03 FEET; THENCE NORTH 37 DEGREES 29 MINUTES 25 THE UNITED CITY OF YORKVILLE, ILLINOIS TO CONSTRUCT, INSTALL, RECONSTRUCT, RECONSTRUCT, REPLACE, SUPPLEMENT, RELOCATE AND REMOVE, FROM TIME TO Q O= SECONDS WEST 71.36 FEET; THENCE NORTH 07 DEGREES 05 MINUTES 37 REPAIR, REMOVE, REPLACE AND INSPECT FACILITIES FOR THE TRANSMISSION AND TIME, CABLES, CONDUITS, MANHOLES, =~O m SECONDS WEST 122.51 FEET; THENCE NORTH 23 DEGREES 18 MINUTES 11 APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE UNITED SECONDS EAST 69.72 FEET; THENCE NORTH 53 DEGREES 41 MINUTES 59 CITY OF YORKVILLE. ILLINOIS BY ORDINANCE NUMBER WITHIN B THE DISTRIBUTION SHOWN TONMTHE PLAT AS PUBLIC SEWERS D DRAINAGE ELECTRICITY, EASEMENT", USED SFO TRANSFORMERS,CONNECTION SW THUIPUNDERGRODUND CABINETS TRANSMISSION R FACILITIES 00, 0 SECONDS EAST 129.62 FEET; THENCE NORTH 84 DEGREES 07 MINUTES 58 AT A MEETING HELD THIS DAY OF A. 2011. SECONDS EAST 199.49 FEET: THENCE SOUTH 89 DEGREES 58 MINUTES 56 TOGETHER WITH ARIGHT OF ACCESS THERETO FOR THE PERSONNEL AND EQUIPMENT AND DISTRIBUTION OF ELECTRICITY, COMMUNICATIONS, SOUNDS AND SIGNALS SECONDS EAST 135.71 FEET; THENCE SOUTH 80 DEGREES 51 MINUTES 30 NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES. IN, OVER, UNDER, ACROSS, ALONG AND UPON THE SURFACE OF THE PROPERTY W z W Q SECONDS EAST 37.60 FEET; THENCE SOUTH 71 DEGREES 44 MINUTES 05 SHOWN WITHIN THE DASHED OR DOTTED LINES (OR SIMILAR DESIGNATION) ON SECONDS EAST 136.12 FEET; THENCE SOUTH 62 DEGREES 36 MINUTES 41 THE ABOVE NAMED ENTITIES ARE HEREBY GRANTED THE RIGHT TO ENTER UPON THE PLAT AND MARKED "EASEMENT", "UTILITY EASEMENT," "PUBLIC UTILITY SECONDS EAST 37.60 FEET; THENCE SOUTH 53 DEGREES 29 MINUTES 14 EASEMENTS HEREIN DESCRIBED FOR THE USES HEREIN SET FORTH AND THE RIGHT EASEMENT", "P.U.E." (OR SIMILAR DESIGNATION), THE PROPERTY DESIGNATED SECONDS EAST 208.40 FEET; TO A POINT OF CURVE SAID CURVE BEING CITY CLERK TO CUT, TRIM, OR REMOVE ANY TREES, SHRUBS OR OTHER PLANTS WITHIN THE IN THE DECLARATION OF CONDOMINIUM AND/OR ON THIS PLAT AS "COMMON Z CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1250.00 FEET AND A CHORD AREAS DESIGNATED AS "PUBLIC UTILITY AND DRAINAGE EASEMENT" WHICH INTERFERE ELEMENTS", AND THE PROPERTY DESIGNATED ON THE PLAT AS "COMMON AREA OR w a�yy THAT BEARS NORTH 49 DEGREES 23 MINUTES 37 SECONDS EAST 30.64 FEET WITH THE CONSTRUCTION, INSTALLATION, RECONSTRUCTION, REPAIR, REMOVAL, REPLACE- AREAS", AND THE PROPERTY DESIGNATED ON THE PLAT FOR STREETS AND J THENCE NORTHEASTERLY ALONG SAID CURVE 30.65 FEET. THENCE NORTH U 50 DEGREES 05 MINUTES 46 SECONDS EAST 40.76 FEET; THENCE SOUTH 39 MENT, MAINTENANCE AND OPERATION OF THEIR UNDERGROUND TRANSMISSION AND ALLEYS, WHETHER PUBLIC OR PRIVATE, TOGETHER WITH THE RIGHTS TO DEGREES 54 MINUTES 14 SECONDS EAST 208.00 FEET; TO THE POINT OF DISTRIBUTION SYSTEMS AND FACILITIES APPURTENANT THERETO. NO PERMANENT INSTALL REQUIRED SERVICE CONNECTIONS OVER OR UNDER THE SURFACE IF BEGINNING: CONTAINING 13.07 ACRES OR 569,150 SQUARE FEET MORE OR LESS. BUILDINGS, STRUCTURES, OR OBSTRUCTIONS SHALL BE CONSTRUCTED IN, UPON, OR EACH LOT AND COMMON AREA OR AREAS TO SERVE IMPROVEMENTS THEREON, OR ON OVER ANY AREAS DESIGNATED AS "PUBLIC UTILITY & DRAINAGE EASEMENT", BUT ADJACENT LOTS, AND COMMON AREA OR AREAS, THE RIGHT TO CUT, TRIM OR SUCH AREAS MAY BE USED FOR GARDENS, SHRUBS, TREES, LANDSCAPING, DRIVEWAYS, REMOVE TREES, BUSHES, ROOTS AND SAPLINGS AND TO CLEAR OBSTRUCTIONS IFURTHER DECLARE THAT THE PLAT HEREON DRAWN IS A CORRECT AND ACCURATE REPRESENTATION AND OTHER RELATED PURPOSES THAT DO NOT UNREASONABLY INTERFERE WITH THE FROM THE SURFACE AND SUBSURFACE AS MAY BE REASONABLY REQUIRED OF SAID SURVEY AND SUBDIVISION. USES HEREIN DESCRIBED. INCIDENT TO THE RIGHTS HEREIN GIVEN, AND THE RIGHT TO ENTER UPON THE a SUBDIVIDED PROPERTY FOR ALL SUCH PURPOSES. OBSTRUCTION SHALL NOT BE ° IFURTHER DECLARE THAT I HAVE SET ALL SUBDIVISION MONUMENTS AND DESCRIBED THE OCCUPATION AND USE OF THE NON-EXCLUSIVE EASEMENT HEREIN GRANTED AND 1 PLACED OVER GRANTEES: FACILITIES OR IN, UPON OR OVER THE PROPERTY o THEM ON THIS FINAL PLAT AS REQUIRED BY THE PLAT ACT AND THAT ALL INTERIOR o C\2 MONUMENTS SHALL BE SET WITHIN 12 MONTHS OF THE RECORDATION OF THIS PLAT SURVEYOR'S CERTIFICATE DONE N SUCH HR A THE MANNER SO AS NOT)TTOE INTERFERE H WITH OR PRECLUDE THE OC E EIASEMENT E DASHED "UTILITY ASE ENT', "PUB C(OR EERSEMEINT", -DESIGNATION) E.-- c, AS TI O 1). BY THE PLAT ACT (ILLINOIS REVISED STATUTES 1977, CHAPTER 109 CUPATION AND USE THEREOF BY OTHER ENTITIES FOR WHICH SUCH EASEMENTS ARE (OR SIMILAR DESIGNATION) WITHOUT THE PRIOR WRITTEN CONSENT OF E- SECTION I). ALL DIMENSIONS SHOWN ARE IN FEET AND DECIMALS THEREOF, • N E- STATE OF ILLINOIS ) GRANTED AND RESERVED. THE CROSSING AND RECROSSING OF SAID EASEMENTS BY GRANTEES. AFTER INSTALLATION OF ANY SUCH FACULTIES, THE GRADE OF } a IFURTHER DECLARE THAT THE PROPERTY SHOWN ON THE PLAT HEREON DRAWN IS SITUATED THE ABOVE NAMED ENTITIES SHALL BE DONE IN SUCH A MANNER SO AS NOT TO THE SUBDIVIDED PROPERTY SHALL NOT BE ALTERED IN A MANNER SO AS TO in WITHIN THE CORPORATE LIMITS OF THE UNITED CITY OF YORKVILLE. ILLINOIS, WHICH IS ) SS INTERFERE WITH, DAMAGE, OR DISTURB ANY TRANSMISSION AND DISTRIBUTION SYSTEMS INTERFERE WITH THE PROPER OPERATION AND MAINTENANCE THEREOF. THE TERM z EXERCISING THE SPECIAL POWERS AUTHORIZED BY DIVISION 12 OF ARTICLE IIOF THE AND FACILITIES APPURTENANT THERETO EXISTING WITHIN THE EASEMENTS BEING CROSSED "COMMON ELEMENTS" SHALL HAVE THE MEANING SET FORTH FOR SUCH TERM IN 15 ILLINOIS MUNICIPAL CODE AS AMENDED. COUNTY OF COOK ) OR RECROSSED. NO USE OR OCCUPATION OF SAID EASEMENTS BY THE ABOVE NAMED THE "CONDOMINIUM PROPERTY ACT", CHAPTER 765 ILCS 605/2, AS AMENDED °� } ENTITIES SHALL CAUSE ANY CHANGE IN GRADE OR IMPAIR OR CHANGE THE SURFACE FROM TIME TO TIME. THE TERM "COMMON AREA OR AREAS" IS DEFINED AS A cr > IFURTHER DECLARE THAT THE NO PART OF THE ABOVE DESCRIBED PROPERTY IS LOCATED DRAINAGE PATTERNS. LOT, PARCEL OR AREA OF REAL PROPERTY, THE BENEFICIAL USE AND ENJOYMENT con °m c"WITHIN A SPECIAL FLOOD HAZARD AREA AS IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT WE. THOMSON SURVEYING. LIMITED. ILLLINOIS PROFESSIONAL DESIGN FIRM NUMBER U)Lo ti ti x AGENCY BASED ON FIRM °1703410020 C DATED DATE OF JULY 19. 1982. ALL OF THE PROPERTY 184-00276$• IN ACCORDANCE WITH PA87-0705 (THE PLAT ACT) DO HEREBY GRANT OF WHICH IS RESERVED IN WHOLE OR AS AN APPORTIONMENT TO THE SEPARATELY C ,o,rn � FOLLOWING ANY WORK TO BE PERFORMED BY THE UNITED CITY OF YORKVILLE IN OWNED LOTS, PARCELS OR AREAS WITHIN THE PLANNED DEVELOPMENT, EVEN U) IS LOCATED IN ZONE C. AREAS OF MINIMAL FLOODING. PERMISSION TO THE CLERK'S OFFICE OF THE UNITED CITY OF YORKVILLE TO RECORD rn_ ' THIS PLAT. A TRUE COPY OF WHICH HAS BEEN RETAINED BY US TO ASSURE NO THE EXERCISE OF ITS EASEMENT RIGHTS HEREIN GRANTED, SAID CITY SHALL HAVE NO THOUGH SUCH BE OTHERWISE DESIGNATED ON THE PLAT BY TERMS SUCH AS v� .,n,,^ CHANGES HAVE BEEN MADE TO SAID PLAT. OBLIGATION WITH RESPECT TO SURFACE RESTORATION, INCLUDING BUT NOT LIMITED T0, "OUTLOTS", "COMMON ELEMENTS "OPEN SPACE "OPEN AREA", "COMMON z � z GIVEN UNDER MY HAND AND SEAL AT ROSEMONT. ILLINOIS. THE RESTORATION, REPAIR OR REPLACEMENT OF PAVEMENT, CURB, GUTTERS, TREES, GROUND", "PARKING", AND "COMMON AREA". THE TERM "COMMON AREA OR 3 0,7 c o THIS th DAY OF . A.D. 2011. DATED THIS th DAY OF . A.D. 2011 . LAWN OR SHRUBBERY, PROVIDED, HOWEVER, THAT SAID CITY SHALL BE OBLIGATED, AREAS", AND "COMMON ELEMENTS" INCLUDE REAL PROPERTY SURFACED WITH ® E 00 o FOLLOWING SUCH MAINTENANCE WORK, TO BACKFILL AND MOUND ALL TRENCH CREATED INTERIOR DRIVEWAYS AND WALKWAYS, BUT EXCLUDES REAL PROPERTY � N V V O SO AS TO RETAIN SUITABLE DRAINAGE, TO COLD PATCH ANY ASPHALT OR CONCRETE PHYSICALLY OCCUPIED BY A BUILDING, SERVICE BUSINESS DISTRICT OR ,~n O w a x SURFACE, TO REMOVE ALL EXCESS DEBRIS AND SPOIL, AND TO LEAVE THE MAINTENANCE STRUCTURES SUCH AS A POOL, RETENTION POND OR MECHANICAL EQUIPMENT. a'o: ~ w E" AREA IN A GENERALLY CLEAN AND WORKMANLIKE CONDITION. RELOCATION OF FACILITIES WILL BE DONE BY GRANTEES AT COST OF THE DAVID M. SPORINA. P.L.S. DAVID M. SPORINA. P.L.S. GRANTOR/LOT OWNER, UPON WRITTEN REQUEST. O ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 3394 ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 3394 MY LICENSE EXPIRES NOVEMBER 30, 2012 MY LICENSE EXPIRES NOVEMBER 30. 2012 DESIGN FIRM LICENSE EXPIRES APRIL 30. 2013 DESIGN FIRM LICENSE EXPIRES APRIL 30. 2013 2 G�1UTUMN CREEK UNOT 9, PER DOCUMENT NUMBER R200600000144 AMENDED BY CERTIFICATES OFCORRECTION AS DOCUMENT S(900,571 3O ' NUMBERS 8200600009685, 8200600016609, 8200700004498, 58 9 a 58 ' S 6 "E X35. 7 x'37 E 7 , 5 8 „E 19 9. 4 9 60, N84 0 0 I �� 1 9q �2 S6 �j Gj Os 3 a \ �s� 0 50 100 SCALE: 1" - 50 FEET C) , 5 OCR cn '� '� ,A= 65 ' _ / �2 N86026 0211W / No 2 92- 661 / POINT OF 2. 66 BEGINNING 9 �(0 X28 3 13 ,, �-- ° 63. 33 �' ►�� a 5 g W ° / / N ° 0 (O� o / �� PER DOCUMENT NUMBER R200600000144 NUMBERS R 00600009685,E R2 06 0016609, R200 00004498, 0� h+ _ / \ / �b� \ \ AREA HEREBY VACATED �/ , lJ / / \ / cp CONSENT TO VACATE PUBLIC / �GJ UTILITY EASEMENT t�j• i ♦�� LOT TYPICAL RESIDENTIAL END AL LOTS STATE OF ILLINOIS V )S.S.) / , ` UNLESS OTHERWISE NOTED) �� ) / VARIABLE WIDTH PUBLIC UTILITY AND COUNTY OF KENDALL � / 00000 DRAINAGE EASEMENT HEREBY VACATED THE APPROVING AUTHORITIES ON SIGNING THIS DOCUMENT (�A\ \ HEREBY RELEASE. AND CONSENT TO THE RELEASE. VACATION � ' ! / \ \ / \ VARIABLE WIDTH PUBLIC AND ABROGATION OF THE EXISTING PUBLIC UTILITY EASEMENTS \ \ �c\ LOT UTILITY AND DRAINAGE (i�/% ♦ VARIABLE WIDTH EASEMENT HEREBY VACATED GRANTED PER AUTUMN CREEK UNIT 1 PER DOCUMENT NUMBER ^� / \ \ \ 1 (,� a BUILDING SETBACK L lNE HEREBY 8200600000144 RECORDED JANUARY 3. 2006 AND AMENDED BY 0 CERTIFICATES OF CORRECTION AS DOCUMENT NUMBER R200600009685. RECORDED APRIL 3. 2006. DOCUMENT NUMBER R200600016609. �y \ 0 RECORDED JUNE 5. 2006. AND DOCUMENT NUMBER R200700004498. V �� lV 2 �m RECORDED FEBRUARY 6. 2007 SHOWN HEREIN AS "HEREBY VACATED". / ((� VARIABLE WIDTH PUBLIC � U W UTILITY AND DRAINAGE m ti m Z� EASEMCNT HEREBY VACATED p VFW O �� OHO CITY OF YORKVILLE: LOT V ACCEPTED: DATE VARIABLE WIDTH i B MAYOR ��n / /�^"J \ ti J W BL DNE HEREBYCK VACATED c �n q PRINTED NAME �° ` , � SS o 10:e �Cp COMMONWEALTH EDISON COMPANY: 3 �p / / 0 Q� ACCEPTED: DATE: VARIABLE WIDTH PUBLIC UTILITY AND TITLE 7,> \ DRAINAGE EASEMENT HEREBY VACATED �, \ STREET AI-) 2 a O / r I`� S 4 l�/ HEREBY VACATED PRINTED NAME `I` N I COR GAS COMPANY: �) 1�t9 , J •�1 J \ , ACCEPTED: DATE: �� Q� ° (r, J PART OF PERMANENT INDEX NUMBERS: 02-22-255-015 (LOT 133)(LOT 134 ) '� 02-22-255-017 (LOT 135) TITLE Q Q 02-22-255-018 (LOT 136) 02-22-255-019 (LOT 137) PRINTED NAME 02-22-179-001 (LOT 138)J 83 a 0 J 49 02-22-255-020 (LOT 139) L J KENDALL COUNTY: / 2 9 �� 02-22-255-021 (LOT 1401 02-22-255-022 (LOT 141 ) 7 02-22-255-023 (LOT 142) Q4 02-22-255-024 (LOT 143) ACCEPTED: DATE: Iv� .1 �� 02-22-255-025 (LOT 144 )I 02-22-255-026 (LOT 145) TITLE 0 000 o C,o oOO 02-22-255-027 (LOT 146) 02-22-255-028 (LOT 147) EC60 9 02-22-255-029 (LOT 148 PRINTED NAME 02-22-257-010 (LOT 153)l 02-22-257-00 (LOT 154 ) I OCRMF c 8 R2��6 02-22-257-007 (LOT 156) AMERITECH TELEPHONE COMPANY:: ^ . I I PEg C�o0og6 02-22-257-006 (LOT 157 ) 02-22-257-005 (LOT 158) ACCEPTED: DATE: I I �� M ERS 02-22-257-004 (LOT 159) I 02-22-257-003 (LOT 160) TITLE I I I(� I 02-22-257-002 (LOT 161 ) Q PRINTED NAME 0 � �O I COMCAST CABLE COMPANY: Q Q I I I O THAT PART OF AUTUMN CREEK UNIT 1. BEING A SUBDIVISION OF PART OF THE ACCEPTED: DATE: I SOUTH HALF OF SECTION 15 AND PART OF THE NORTH HALF OF SECTION 22. TOWNSHIP 37 NORTH. RANGE 7. EAST OF THE THIRD PRINCIPAL MERIDIAN. \� I PER DOCUMENT NUMBER R200600000144 RECORDED JANUARY 3. 2006 AND TITLE ♦ DC r,♦� - AMENDED BY CERTIFICATES OF CORRECTION AS DOCUMENT NUMBER R200- 1,0) I I 600009685. RECORDED APRIL 3. 2006. DOCUMENT NUMBER 8200600016609. RECORDED JUNE 5. 2006. AND DOCUMENT NUMBER 8200700004498. RECOR- PRINTED NAME I DED FEBRUARY 6. 2007. ALL IN KENDALL COUNTY. ILLINOIS. DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERN MOST CORNER OF LOT 161. SAID ` POINT BEING COINCIDENT WITH THE SOUTHERN MOST CORNER OF LOT 112 IN SAID (�` SUBDIVISION: THENCE SOUTH 50 DEGREES 05 MINUTES 46 SECONDS WEST PERMISSION TO RECORD O (n I yr O� 20.00 FEET: THENCE SOUTH 48 DEGREES 19 MINUTES 30 SECONDS WEST 0 // / M 88.84 FEET: THENCE SOUTH 43 DEGREES 18 MINUTES 43 SECONDS WEST STATE OF ILLINOIS ) l J 90.66 FEET: THENCE SOUTH 38 DEGREES 10 MINUTES 57 SECONDS WEST ) SS r 90.66 FEET: THENCE SOUTH 33 DEGREES 03 MINUTES 11 SECONDS WEST y�/ 90.66 FEET: THENCE SOUTH 27 DEGREES 55 MINUTES 24 SECONDS WEST COUNTY OF COOK ) / N8 7 0 4 8 ' 05 "W 2 4 C 1 N �a '3�"1�/ ��` 2( , 90.66 FEET: THENCE SOUTH 22 DEGREES 47 MINUTES 39 SECONDS WEST v T O � 90.66 FEET: THENCE SOUTH tl DEGREES 39 MINUTES 54 SECONDS WEST 16.14 FEET: THENCE SOUTH 53 DEGREES 53 MINUTES 13 SECONDS WEST WE, THOMSON SURVEYING, LIMITED. ILL 57.66 FEET: THENCE NORTH 72 DEGREES 08 MINUTES 11 SECONDS WEST ,,LIN0IS PROFESSIONAL DESIGN FIRM NUMBER I = 50. 00 149.94 FEET: TO A POINT OF CURVE SAID CURVE BEING CONCAVE EASTERLY 184-002768, IN ACCORDANCE WITH PA87-0705 (THE PLAT ACT) DO HEREBY DESIGNATE 6. Z� I HAVING A RADIUS OF 1217.00 FEET AND A CHORD THAT BEARS SOUTH 15 A AS THE PERSON WHO MAY RECORD THIS •J DEGREES 36 MINUTES 28 SECONDS WEST 95.81 FEET THENCE SOUTHERLY ('� ALONG SAID CURVE 95.83 FEET: THENCE SOUTH 81 DEGREES 47 MINUTES 29 PLAT, A TRUE COPY OF WHICH HAS BEEN RETAINED BY US TO ASSURE NO ' / _ I SECONDS EAST 178.11 FEET: THENCE SOUTH 15 DEGREES 24 MINUTES 07 CHANGES HAVE BEEN MADE TO SAID PLAT. A VVV I SECONDS WEST 43.16 FEET: THENCE SOUTH 08 DEGREES 09 MINUTES 02 ` SECONDS WEST 86.11 FEET: THENCE SOUTH 05 DEGREES 39 MINUTES 48 SECONDS WEST 83.97 FEET: THENCE NORTH 87 DEGREES 30 MINUTES 37 DATED THIS TH DAY OF , A.D.. 2011 I R I I SECONDS WEST 209.24 FEET TO A POINT OF CURVE SAID CURVE BEING CONCAVE EASTERLY HAVING A RADIUS OF 1250.00 FEET AND A CHORD THAT -' BEARS SOUTH 02 DEGREES 20 MINUTES 39 SECONDS WEST 6.35 FEET THENCE SOUTHERLY ALONG SAID CURVE 6.35 FEET: DAVID M. SPORINA. P.L.S. I I I THENCE NORTH 87 DEGREES 48 MINUTES OS SECONDS WEST 224.86 FEET: THENCE NORTH 32 DEGREES 03 MINUTES 49 SECONDS EAST 51.72 FEET: THENCE NORTH 06 DEGREES 55 MINUTES 12 SECONDS EAST 183.36 FEET: ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 3394 I Q THENCE SOUTH 83 DEGREES 03 MINUTES 49 SECONDS EAST 169.50 FEET: TO A OF MY LICENSE EXPIRES NOVEMBER 30. 2012 I �� I RADIUSOOFT12283C OOVFEETIANDUAVCHORDNTHAOTNBEARSE NORTH L14HDEGREES DESIGN FIRM LICENSE EXPIRES APRIL 30. 2013 I 33 MINUTES 19 SECONDS EAST 124.14 FEET THENCE NORTHERLY ALONG I SAID CURVE 124.19 FEET: THENCE NORTH 71 DEGREES 19 MINUTES 55 SECONDS WEST 46.17 FEET: THENCE NORTH 67 DEGREES 55 MINUTES 03 SECONDS WEST 149.49 FEET: THENCE NORTH 22 DEGREES 04 MINUTES 57 V I _ I SECONDS EAST 188.60 FEET: THENCE NORTH 26 DEGREES 37 MINUTES 46 SURVEYOR' S CERTIFICATE OWNER' S CERTIFICATE r J SECONDS EAST 75.18 FEET: THENCE NORTH 31 DEGREES 10 MINUTES 34 SECONDS EAST 159.57 FEET: THENCE NORTH 37 DEGREES 44 MINUTES 22 SECONDS EAST 9.35 FEET: THENCE NORTH 86 DEGREES 26 MINUTES 02 STATE OF ILLINOIS ) STATE OF ILLINOIS) SECONDS WEST 92.66 FEET: THENCE SOUTH 49 DEGREES 50 MINUTES 38 SS ) SS SECONDS WEST 146.72 FEET: THENCE SOUTH 82 DEGREES 00 MINUTES 59 SECONDS WEST 63.33 FEET: THENCE NORTH 67 DEGREES 53 MINUTES 13 COUNTY OF COOK ) COUNTY OF KANE ) SECONDS WEST 128.03 FEET: THENCE NORTH 37 DEGREES 29 MINUTES 25 SECONDS WEST 71.36 FEET: THENCE NORTH 07 DEGREES 05 MINUTES 37 THIS 1S TO DECLARE THAT PULTE HOME CORPORATION ILLINOIS DIVISION IS THE OWNER OF THE SECONDS WEST 122.51 FEET: THENCE NORTH 23 DEGREES 18 MINUTES 11 WE, THOMSON SURVEYING, LIMITED, ILLINOIS PROFESSIONAL DESIGN FIRM NUMBER LANG DESCRIBED IN THE HEREON PLAT, AND HAS CAUSED THE SAME TO BE PLATTED AS INDICATED SECONDS EAST 69.72 FEET: THENCE NORTH 53 DEGREES 41 MINUTES 59 184-002768. 00 HEREBY DECLARE THAT THE PLAT SHOWN HEREON DRAWN WAS SECONDS EAST 129.62 FEET: THENCE NORTH 84 DEGREES 07 MINUTES 58 THEREON. FOR THE USES AND PURPOSES THEREIN SET FORTH. AND DOES HEREBY ACKNOWLEDGE SECONDS EAST 199.49 FEET: THENCE SOUTH 89 DEGREES 58 MINUTES 56 COMPILED FROM EXISTING SURVEYS AND INSTRUMENTS OF PUBLIC RECORD FOR AND ADOPT THE SAME UNDER THE STYLE AND TITLE THEREON INDICATED. SECONDS EAST 135.71 FEET: THENCE SOUTH 80 DEGREES 51 MINUTES 30 THE PURPOSE INDICATED HEREON. SECONDS EAST 37.60 FEET: THENCE SOUTH 71 DEGREES 44 MINUTES 05 SECONDS EAST 136.12 FEET: THENCE SOUTH 62 DEGREES 36 MINUTES 41 SECONDS EAST 37.60 FEET: THENCE SOUTH 53 DEGREES 29 MINUTES 14 GIVEN UNDER BY HAND AND SEAL AT ROSEMONT ILLINOIS. SECONDS EAST 208.40 FEET: TO A POINT OF CURVE SAID CURVE BEING THIS TH DAY OF , A.D.. 2011. DATED THIS DAY OF A. D. , 2011. CONCAVE A RADIUS FEET CHORD 30-64 FEET THENCE NORTHEASTERLY ALONG SAID CURVE 30.65 FEET: THENCE NORTH 50 DEGREES 05 MINUTES 46 SECONDS EAST 40.76 FEET: THENCE SOUTH 39 DEGREES 54 MINUTES 14 SECONDS EAST 208.00 FEET: TO THE POINT OF BEGINNING: CONTAINING 13.07 ACRES OR 569.150 SOUARE FEET MORE OR LESS. DAVID M. SPORINA. P.L.S. NOTARY CERTIFICATE COUNTY RECORDERS CERTIFICATE ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 3394 STATE OF ILLINOIS) MY LICENSE EXPIRES NOVEMBER 30, 2011 ) SS STATE OF ILLINOIS ) DESIGN FIRM LICENSE EXPIRES APRIL 30. 2013 COUNTY OF ) ) SS COUNTY OF KENDALL ) !. A NOTARY PUBLIC IN AND FOR SAID COUNTY. IN THE THIS INSTRUMENT NUMBER WAS FILED FOR RECORD IN THE RECORDER'S STATE AFORESAID, DO HEREBY CERTIFY THAT IS PERSONALLY OFFICE OF KENDALL COUNTY AFORESAID ON THE DAY OF , 2011 KNOWN TO ME TO BE THE SAME PERSON WHOSE NAME ARE SUBSCRIBED TO THE AFORESAID INSTRUMENT AS SUCH OWNER, APPEARED BEFORE ME THIS DATE IN PERSON AND ACKNOW- LEDGED THAT HE SIGNED THE ANNEXED PLAT AS HIS OWN FREE AND VOLUNTARY ACT FOR GENERAL NOTES: THE USES AND PURPOSES THEREIN SET FORTH. 1. ALL DIMENSIONS ARE GIVEN IN FEET AND GIVEN UNDER MY HAND AND NOTARY SEAL THIS DAY OF A. D. 2011 KENDALL COUNTY RECORDER DECIMAL PARTS THEREOF. AT ILLINOIS. 2. NO DIMENSIONS SHALL BE DERIVED FROM SCALE MEASUREMENT. DEPUTY NOTARY PUBLIC Thonwn Surveying Ltd. CLIENT: PULTE HOME CORPORATION DSGN. TITLE PROJECT N0. lilt AUTUMN CREEK 3855PS 9575 W. Higgins Rood. Suite 850 ILLINOIS DIVISION DWN. PMR Rosemont. I 6 CHKD. DMs � TEL: (847) 318-9790 1901 NORTH ROSELLE ROAD SHEET I OF I FAX: (847) 318-9792 SUITE 10001 PLAT OF VACATION DRAWING NO. pryonothomsonitd.com N0. DATE NATURE OF REVISION CHKD. SCALE: I' = 50 FEET © THOMSON SURVEYING, LTD., 2011 SCHAUMBURG, IL 60195 FILE NAME H:\DGN\3855PS\VACATION\3855-VACATION.2d I DATE: 11-23-10 YORKVILLE, ILLINOIS 3855-VACATION.2D - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - EI a Engineering Enterprises, October 26, 2011 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 300 Game Farm Road Yorkville. IL 60560 Re: Autumn Creek Subdivision a Resubdivision of Unit 1 ,Final Engineering Plan Review United City of Yorkville, Kendall County, Illinois Dear Ms. Barksdale-Noble: We are in receipt of the following for the above referenced project: • Engineering Improvement Plans revised October 2, 2011 prepared by HR Green • Engineer's Opinion of Probable Construction Costs dated October 17, 2011 prepared by HR Green • Landscape Plan dated October 3, 2011 prepared by Gary R. Weber Associates, Inc. • Final Plat of Resubdivision revised September 30, 2011 prepared by Thomson Surveying Ltd • Unit 1 Plat of Vacation dated November 23, 2010 prepared by Thomson Surveying Ltd Our review of these plans is to generally determine their compliance with local ordinances and whether the improvements will conform to existing local systems and equipment; This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an. in-depth quality assurance review, we cannot and do not assume responsibility for design errors or omissions in the plans. As such, we offer the following comments: ineering Plans and EOPCC 1. Comments from YBSD should be provided upon receipt. 2. The existing storm, structure on Sage Court should be labeled as 530 in lieu of 529 (C- 002) 52 Wheeler Ro ad, Sugar Grove, IL 60554 - (630) 466-6700 tel - (630) 466-6701 fax - www.eeiweb.com Ms. Barksdale-Noble October 26, 2011 Page 2 of 2 3. It appears the proposed storm sewer structure no. 1 would have 3 sump connections. The callout should be revised accordingly (C-007). 4. The storm sewer tags for structures no. 13 and 15 are reversed (C-007). 5. The spot grade of 943.95 on lot 15 appears to be incorrect (C-007). 6. It appears the some of the driveway slopes are exceeding the maximum allowed slope of 8% (C-007). Tlic cross sections on sheet G-005 propose driveway slopes between 3% and 7%. 7. The following items should be added to the Engineer's Opinion of Probable Construction Costs (EOPCC): • Pavement patching All soil erosion and sedimentation control items (i.e. rip rap, erosion blanket, etc.) • Parkway trees and sod as shown on the landscaping plan. • It is understood that the costs shown are above and beyond what was originally approved and bonded. Landscape Plans 8. Lot numbers should be provided on the plans. The developer should provide the requested information and make the necessary revisions and submit two (2) sets of plans for further review. If you Have any questions regarding the above or if you require additional information, please feel free to contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President pc: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk Mr. Kenneth Huhn, HR Green Mr. Joe Marx, Pulte Homes JWF, EEI G:'%'uhiiclYorttv!!e,12011t.Y01135-0 Autumn Creek-Unit 1 Final Engineenng Flans ReviewV.Joc I HRGreen November 1 2011 Mr. John Frerich Walter E. Deuchler Associates Inc. 230 Woodlawn Avenue Aurora, Illinois 60506 RE: Autumn Creek Subdivision a Resubdivision of Unit 1 Final Engineering Plan Review United City of Yorkville, Kendall County, Illinois Project No. 88100362 Dear Mr. Frerich: We have received your comment letter dated October 30, 2011 regarding the above referenced project. Below is a point-by-point response to that letter. Attached are two (2) copies of the revised plans as per your request. Cover Sheet Comment 1: The contact information for the Yorkville-Bristol Sanitary District should be corrected to reflect the proper spelling of your name. Response is The name has been corrected. Sheet G-003 Comment 2: The Sanitary Sewer Notes (YBSD Specifications) are the old December 2004 version and need to be replaced with the current October 2006 version. Response 2: The specifications have been updated. Sheet G-008 Comment 3: The following YBSD detail needs to be added to the plans: "Cast Iron Cleanout Cover". This is available on the District's website at www.ybsd.orq. Response 3: The detail has been added to sheet G-009. HRGreen.com 630.553.756n x 63V 553 7646 840.728 7805 Mr. John Frerich Walter E. Deuchler Associates, Inc. Autumn Creek Subdivision a Resubdivision of Unit 1 November 1, 2011 Page 2 Sheets C-004-C-005 Comment 4: A few sanitary sewer cleanouts appear to be located within or adjacent to proposed driveways. A cast iron cleanout cover is required within pavement in accordance with Article 5.13 (0 of the Standard Specifications for Sanitary Sewer Construction in the YBSD. A note should be added to these sheets referring to the "Cast Iron Cleanout Cover" detail on Sheet G-008. Response 4 A note has been added to the cleanout for lots 20 and 29. Comment 5: No IEPA permit application is required. Response 5: Acknowledged. Comment 6: All Annexation and IPF fees associated with this development have been paid in full as part of the previously approved plans and IEPA permit applications. However, YBSD connection permits and fees for the individual services may still be required prior to issuing a building permit for each lot. Response 6: Acknowledged. If you have any questions or require any additional information, please contact me at 630-708-5042. Sincerely, HR Green, Inc. Kenneth M. Huhn, P.E. KMHljmk Attachment cc: Krysti Barksdale-Noble, United City of Yorkville (2 plans) Kevin Collman, Yorkville — Bristol Sanitary District (1 plan) Bradley Sanderson, EEI (1 plan) Jake Daab, Pulte Homes (1 plan reduced) Joe Marx, Pulte Homes (1 plan reduced) 0:18 8 1 003 6 21Design\CorrYtr-comment-frerich-110111.docx HRGreen November 1, 2011 Mr. Bradley Sanderson Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, IL 60554-9595 RE: Autumn Creek Subdivision a Resubdivision of Unit 1 Final Engineering Plan Review United City of Yorkville, Kendall County, Illinois Project No. 88100362 Dear Mr. Sanderson: We have received your comment letter dated October 23, 2011 regarding the above referenced project. Below is a point-by-point response to that letter. Engineerina Plans and EOPCC Comment 1: Comments from YBSD should be provided upon receipt. Response 1: The comments have been received. Our response letter to the comments is attached. Comment 2: The existing storm structure on Sage Court should be labeled as 530 in lieu of 529 (C-002). Response 2: The storm tag has been corrected. Comment 3: It appears the proposed storm sewer structure no. 1 would have 3 sump connections. The callout should be revised accordingly (C-007). Response 3: The storm tag has been revised to include the NE sump connection. Please note that the NW connection intended for lot 21 has been moved to the next downstream manhole. Comment 4: The storm sewer tags for structures no. 13 and 15 are reversed (C-007). HRGreen.com 630,5517560 630.553.7646 oc:800,728 7805 Mr. Bradley P. Sanderson Engineering Enterprises, Inc. Autumn Creek Subdivision a Resubdivision of Unit 1 November 1, 2011 Page 2 Response 4 The storm tags have been corrected. Comment 5: The spot grade of 643.95 on lot 15 appears to be incorrect (C-007). Response 5: The elevation has been corrected to 646.43. Comment 6: It appears that some of the driveway slopes are exceeding the maximum allowed slope of 8% (C-007). The cross sections on sheet G-005 propose driveway slopes between 3% and 7%. Response 6: A Driveway Slope Calculation Table has been added to sheet G-009 for your reference. The maximum proposed driveway slope is 8% in accordance with City Ordinance. The range of 3% to 7% is optimal but the lots above 7% could not be lowered due to existing grading constraints. Please note that the T/F for lot 5 has been lowered to 649.90. Comment 7: The following items should be added to the Engineer's Opinion of Probably Construction Costs (EOPCC): • Pavement patching • All soil erosion and sedimentation control items (I.E. rip rap, erosion blanket, etc.) • Parkway trees and sod as shown on the landscaping plan. • It is understood that the costs shown are above and beyond what was originally approved and bonded. Response 7: Pavement patching, rip rap, and erosion blanket have been added to the EOPCC. Please note that parkway trees and sod were included in the originally approved bond. Landscape Plans Comment 8: Lot numbers should be provided on the plans. Response 8: Lot numbers have been added to the plans. Mr. Bradley P. Sanderson Engineering Enterprises, Inc. Autumn Creek Subdivision a Resubdivision of Unit 1 November 1, 2011 Page 3 If you have any questions or require any additional information, please contact me at 630-708-5042. Sincerely, HR Green, Inc. Kenneth M. Huhn, P.E. KMH/jmk Attachment cc: Krysti Barksdale-Noble, United City of Yorkville (2 plans) Kevin Collman, Yorkville — Bristol Sanitary District (1 plan) John Frerich, Walter E. Deuchler Associates Inc. (2 plans) Jake Daab, Pulte Homes (1 plan reduced) Joe Marx, Pulte Homes (1 plan reduced) 0:1881003621DesignlCorrl tr-comment-sanderson-1 10111.docx AUTUMN CREEK SUBDIVISION IA-RESUBDNISION i UNITED CITY OF YORKVILLE HR GREEN 11 JOB NUMBER:80100362 PLAN SET DATE:10-31.11 DATE:10-31-11 H RG reen ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS PAY ITEM UNITS UNIT COST QUANTITY COST 1.00 REMOVALS 1.20 REMOVE CONCRETE CURB AND GUTTER LIN.FT. $ 10.00 950 S D,500 00 1.30 REMOVE STORM SEWER-15" LIN.FT. S 20.00 123 $ 2,460.00 1.31 REMOVE STORM STRUCTURE EACH $ 1 000.00 1 S 1,000,00 1.40 REMOVE 4'WATER SERVICE LIN.FT. 1 3 1000 977 $ 9.770.00 1.41 REMOVE 4'VALVE AND VALVE BOX EACH S 200.00 7 3 1,400.00 1.42 REMOVE FLUSHING HYDRANT EACH 3 200.00 7 $ 1,400,00 1.43 REMOVE WATER SERVICE WITH B-BOX AND CAP CORPORATION STOP EACH $ 350.00 92 $ 32 200.00 1.50 REMOVE SANITARY MANHOLE EACH $ 1 OD0,D0 3 S 3.000.00 1.51 REMOVE SANITARY SEWER AND EXISTING CLEANOUT LIN FT S 15.00 912 S 13,680.00 i$(1 REMOVE EXISTING ELECTRICALCABLE-LIGHTING LIGHTPOLES LIN.FT. S 4,00 3381$ 1,352.00 00 Sub-Total Is 75;7 PAY ITEM UNITS UNIT COST QUANTITY COST 2.00 ROADWAY CONSTRUCTION CONCRETE 2.01 COMBINATION CONCRETE CURB AND GUTTER,TYPE B�6.12 LIN.FT. 3 15.00 950 3 14,250.00 202 CLASS D PATCHES TYPF IV 5U YI 40 a0 2T0 5 5A00 00 2.00 Sub-TOMI ZZ, PAY ITEM UNIT UNIT COST QUANTITY COST 3.00 STORM SEWER CONSTRUCTION 3.01 STORM SEWERS,CLASS B,HOPE,6' LIN.FT. $ 20.00 198 S 3,960.00 3.02 STORM SEWERS.CLASS A.TYPE 2.15' LIN.FT. 5 25.00 120 S 3.200.00 103 END SECTION W WITH HEADWALL EACH $ 800.00 4 S 3,200.00 -04 STONE RIPRAP CLASS A3 50 YD 5 850-0 4 5 940 00 3 05 TEMPORARY SILTATION FABRIC INSTALLATION BETWEEN}INLET FRAME AND LIE) EACH E 25 00 31 S 775 UO 3.06 MANHOLE.TYPE A.4'DIAMETER.T1 F CL EACH S 2,500 00 4 S 101300.00 3 07 INLET,TYPE A,2'DIAMETER.T1 F CL EACH S 1,200.00 1 4 S 4,800.00 3 08 EXISTING STORM CONNECTION AT STRUCTURE EACH S 80000 1 3 000.00 3 09 SUMP PUMP CONNECTION AT STRUCTURE WITH 4' PVC STUN I EACH IS 350.001 31 S 10.850.00 3.00 Sub-Total 37,925W PAY ITEM UNIT UNIT COST QUANTITY COST 4.00 WATER MAIN CONSTRUCTION 4.01 CORPORATION STOP,SERVICE CONNECTION EACH S 300.00 17 S 5100.00 4.02 1 112-INCH COPPER WATER SERVICE-OPEN TRENCH LIN.FT. S 20.00 88 S 1,760.00 4.03 1 112-INCH COPPER WATER SERVICE-DIRECTIONALLY DRILLED LIN.FT. $ 65.00 488 $ 31,720.00 4.04 CURB STOP EACH S 500.00 17 S 8,500.00 4 05 DISCONNECT 4"SERVNE AT MAIN AND INSTALL MJ CAP AT TEE EACH S 600.00 7 3 4,200.00 4,00 Sub-Total 51,280.0 PAY REM UNIT UNIT COST QUANTITY COST 5.00 SANITARY SEWER IMPROVEMENTS 5.01 6-INCH SDR 26 PVC,SANITARY SEWER-OPEN TRENCH LIN.FT. S 35.00 109 3 3 815.DD 5.02 6-INCH SOR 26,PVC SANITARY SEWER-DIRECTIONALLY DRILLED LIN.FT. S 75.00 321 $ 24,D75.00 5.03 8-INCH SDR 26 PVC,SANITARY SEWER LIN FT. S 40.00 9 3 360.00 5.04 CONNECTION TO EXISTING SANITARY SEWER EACH 3 1,000.00 1 $ 1,000.00 505 MANHOLE TYPE A,4'DIAMETER.TYPE 1 F&G EACH $ 3.500.00 1 $ 3,500,00 5.06 EXISTING SEWER CONNECTION AT MAIN-'9NSERTA TEE' EACH 3 400.00 4 $ N't, 5.0 Sub To1a1 34,350.00 11/112011 OPC_AulumnCreek_Resub-2011-10.31 Page 1 of 2 AUTUMN CREEK SUBDIVISION 1A-RESUBDIVISION f s ORKVILLE UNITED CITY OF Y e HR GREEN JOB NUMBER:56100362 A.!wx — PLAN SET DATE:10-31.11 H RG peen DATE;10-31.11 ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS PAY ITEM I UNIT I UNIT COST I QUANTITY I COST 6.00 MISCELLANEOUS IMPROVEMENTS 601 CABLE INSTALLATION•LIGHTING LIN FT 5 8.00 602 S 4.816.00 6 02 SILT FILTER FENCE LIN.FT S 2.50 1 4.693 f 11,732.50 6.00 Sub-Total 16 .50 PAY ITEM UNIT UNIT COST QUANTITY I M11.692 7,00 LANDSCAPING IMPROVEMENTS 7.01 RESTORATION OF DISTURBED AREAS ACRE S 5.000.00 0.10 f .00 701 EROSION!CONTROL BLANKET 50 YO 5 2 DD 33D 0 S 00 7.02 TEMPORARY SEEDING-PAD AREA ACRE f 1.000 D0 11.7 f .59 7.00 Sub-Total 0 PAY ITEM UNIT 1 UNIT COST 1 QUANTITY COST 8.00 SITE LIGHTING 8.01 REMOVE AND RELOCATE EXISTING LIGHTPOLE WITH NEW BASE FOUNDATION FOOTING LUMP is 1,200.00 1 11S 1.200.00 8.00 Sub-Tout IS 1,200:00 1.00 REMOVALS 75750.00 2.00 ROADWAY CONSTRUCTION 650-DO 3.00 STORM SEWER CONSTRUCTION 4.00 WATER MAIN CONSTRUCTION f 37 925.00 51 80 5.00 SANITARY SEWER IMPROVEMENTS S 31 50.0.00 0 6.00 MISCELLANEOUS IMPROVEMENTS 7.00 LANDSCAPING IMPROVEMENTS 16 8.50 SOOAO 8.00 SITE LIGHTING f 1.200.00 SUBTOTAL COST $ 240215.50 CONTINGENCY(10%) $ 24,021.55 TOTAL COST(WITH CONTINGENCY) f 264,237.05 Project Assumptions/Notes/Comments: HRG tt not a Con[truetnon roil tmlmator or umank'u„n runii-ior.n,a%hould HRG'S r.ndCnng an opinion of pnobahh evnmrWI.On colt,tk cons[drr,d rgidUdVnt r„the nalur,and txitnt of wruc,., u,mtrue[iun rum rsumatm of tonsiruao+n rontraCtur would prutidt HR(:S'opinion will bt hard a Icl%upt+n hn or htr,twn expericnet with eonmrucuon 7hit tvquirtt HRG Io malt a numhcr,d atsumptalns ati m ar[ne[Cundmnm that will N rnarom.Trd on sue:IN sptn[ic dtutu+nt of uttkr design pn+Ietuonah[ngaltxd.[ht mtan+arhl tntthods of Con*iry I nth,cuntaattu[will,mploy.[hL rot[and I xunl of lahhn,equipment and matt rials iht contractor will[mploy.rnntracim%icehniquts in deft rmirnng print.and marLat condition•at tfk time.and oth[r factor•o+s r which HRG hat ne,svnuol Gotn ilk astumpuom which must M madt.HRG canruq guatanttc 1111 acturar "I li or htr opinu+ns of Cott.And in Tt'co}mto+n of that fart.ilk CLIENT w.ms s ant datm ag,unu HRU rt Iatlst m[hc acrUrety of H RG"5 opinion of piohahlt c,,nunvvnt,n ca.t ITEMS TO NOTE: 1) ALL BENDS AND OR ADDITIONAL FIT71NGS REQUIRED FOR THE PROPOSED ALIGNMENT OF BOTH WATER AND SEWER CONSTRUCTION ARE TO BE CONSIDERED INCIDENTIAL TO THE CONTRACT AND NO FURTHER REIMBURSEMENT OR CHANGE ORDER WILL BE ALLOWED. 2)TRENCH BACKFILL TO BE CONSIDERED INCIDENTIAL TO THE CONTRACT 3}4'SOLID PVC STUB TO BE INCLUDED WITHIN SUMP CONNECTION-5'MIN LENGTH OR PER PLAN LOCATION 41 RESTORE DISTURB AREAS TO ORIGINAL CONDITIONS INCLUDING TOPSOIL,SEED,PLANTINGS.AND EROSION CONTROL MEASURES 51 HMA SURFACE COURSE IS NOT INCLUDED IT WAS INCLUDED IN LETTER OF CREDIT FOR ORIGINAL PHASE 1 E PARKV'dAY TREFS AND SOO INCLUDED IN LETTER OF CRF DIT XOR ORIGINAI PHASE 1 11!112011 OPC_AulumnCreek_Re$uh-2011-10-31 Page 2 of 2 UNITED CITY OF YORKVILLE SPECIAL SERVICE AREA NO.2005-108 PULTE HOMES-MANDATORY PREPAYMENT AGGREGATE PARCEL TOTAL PRINCIPAL $1,774,868.17 PRINCIPAL QUOTIENT 12.4982% MAXIMUM SPECIAL TAX Required Amount to Maintain 110%Coverage $1,101,024 Reduced Amount $963,416 OUTSTANDING PRINCIPAL $14,321,000 $1,789,866.00 CREDIT FOR SPECIAL TAXES PAID NOT YET APPLIE ($14,997.83 PREMIUM $0.00 PRINCIPAL TO BE CALLED $1,774,868.17 REDEMPTION PREMIUM 0.0000% DEFEASANCE(THROUGH 03/01/2012) $0.00 INTEREST $429,630 $53,695.98 REINVESTMENT $0.00 $0.00 CREDIT FOR SPECIAL TAXES PAID NOT YET APPLIEE $0.00 ($53,695.98) LEVY YEAR 2011/COLLECTION YEAR 2012[1] $0.00 $0.00 FEES $100.00 ADMINISTRATIVE FEES $100.00 RESERVE FUND CREDIT $0.00 RESERVE FUND CREDIT[2] $0.00 PREPAYMENT AMOUNT: $1,774,968.17 VALID THROUGH: 01/15/2012 [1] The City Council is scheduled to adopt the 2011 abatement ordinance on December 13,2011, A special tax may be collected by Kendall County in 2012. This special tax must be paid in full prior to the recording of a Satisfaction of Lien. This special tax will be refunded to the property owner upon confirmation of payment from Kendall County. [2] No Reserve Fund Credit per the United City of Yorkville SSA No. 2005-108 Special Tax Roll and Report. UNITED CITY OF YORKVILLE SSA NO.2005-108:SERIES 2006 DEBT SERVICE-CURRENT COVERAGE Ending 311 Principal Revised Debt Service Principal% Called- Called- Pending Call- Admin Reserve Bond Year Original Sinkin Fund Pre Prepayments Mandato Outstandin Total Rate Interest P+1 Ori final Revised Delta Expenses Earnin s Max Taxes Coverage 2087 $0 $0 $0 $9 $0 $g 6.90% $796;437 $786;437 8-.809/% 9994,6 8.809/ NA NA NA NA 2993 $9 $9 $9 $g $9 89 69996 $898;899 $898;809 0009; g,09% 9:8946 NA NA NA NA 2909 $69,800 ($65,890) $9 ;60 $0 $66;000 6.90% W8,670 $876;679 9h39h 99gW 0439/ NA NA NA NA 2049 $83996 ($82;999) ($3,988) $0 so $83000 6.999; $879329 $962,,320 0669; 9.994 066% NA NA NA NA 2044 $192;986 ($99;099] ($3;999) $9 $9 $192;909 689% $865209 $964289 9:68% 999% 9:68% NA NA NA NA 2012 $123,000 $0 ($3,000) $0 $120,000 $123,000 6.00% $859,260 $979,260 0.82% 0.84% -0.02% $21,671 $0 $1,088,841 1.09 2013 $144,000 $0 ($4,000) $0 $140,000 $144,000 6.00% $852,060 $992,060 0.96% 0.98% -0.02% $21,996 $0 $977,867 0.99 2014 $168,000 $0 ($4,000) $0 $164,000 $168,000 6.00% $843,660 $1,007,660 1.12% 1.15% -0.02% $22,326 $0 $992,535 0.98 2015 $193,000 $0 ($5,000) $0 $188,000 $193,000 6.00% $833,820 $1,021,820 119% 1.31% -0.02% $22,661 $0 $1,007,423 0.99 2016 $220,000 $0 ($6,000) $0 $214,000 $220,000 6.00% $822,540 $1,036,540 1.47% 1.49% -0.03% $23,001 $0 $1,022,534 0.99 2017 $248,000 $0 ($7,000) $0 $241,000 $248,000 6.00% $809,700 $1,050,700 1.66% 1.68% -0.03% $23,346 $0 $1,037,872 0.99 2018 $279,000 $0 ($7,000) $0 $272,000 $279,000 6.00% $795,240 $1,067,240 1.86% 1.90% -0.04% $23,696 $0 $1,053,440 0.99 2019 $312,000 $0 ($8,000) $0 $304,000 $312,000 6.00% $778,920 $1,082,920 2.08% 2.12% -0.04% $24,051 $0 $1,069,242 0.99 2020 $346,000 $0 ($10,000) $0 $336,000 $346,000 6.00% $760,680 $1,096,680 2.31% 2.35% -0.04% $24,412 $0 $1,085,281 0.99 2021 $384,000 $0 ($11,000) $0 $373,000 $384,000 6.00% $740,520 $1,113,520 2.56% 2.60% -0.04% $24,778 $0 $1,101,560 0.99 2022 $423,000 $0 ($12,000) $0 $411,000 $423,000 6.00% $718,140 $1,129,140 2.82% 2.87% -0.05% $25,150 $0 $1,118,083 0.99 2023 $465,000 $0 ($13,000) $0 $452,000 $465,000 6.00% $693,480 $1,145,480 3.10% 3.16% -0.05% $25,527 $0 $1,134,854 0.99 2024 $510,000 $0 ($15,000) $0 $495,000 $510,000 6.00% $666,360 $1,161,360 3.40% 3.46% -0.05% $25,910 $0 $1,151,877 0.99 2025 $558,000 $0 ($16,000) $0 $542,000 $558,000 6.00% $636,660 $1,178,660 3.72% 3.78% -0.06% $26,299 $0 $1,169,155 0.99 2026 $610,000 $0 ($16,000) $0 $594,000 $610,000 6.00% $604,140 $1,198,140 4.07% 4.15% -0.08% $26,693 $0 $1,186,692 0.99 2027 $664,000 $0 ($19,000) $0 $645,000 $664,000 6.00% $568,500 $1,213,500 4.43% 4.50% -0.07% $27,094 $0 $1,204,492 0.99 2028 $722,000 $0 ($20,000) $0 $702,000 $722,000 6.00% $529,800 $1,231,800 4.82% 4.90% -0.08% $27,500 $0 $1,222,559 0.99 2029 $784,000 $0 ($22,000) $0 $762,000 $784,000 6.00% $487,680 $1,249,680 5.23% 5.32% -0.09% $27,913 $0 $1,240,897 0.99 2030 $849,000 $0 ($23,000) $0 $826,000 $849,000 6.00% $441,960 $1,267,960 5.67% 5.77% -0.10% $28,331 $0 $1,259,510 0.99 2031 $919,000 $0 ($25,000) $0 $894,000 $919,000 6.00% $392,400 $1,286,400 6.13% 6.24% -0.11% $28,756 $0 $1,278,403 0.99 2032 $993,000 $0 ($28,000) $0 $965,000 $993,000 6.00% $338,760 $1,303,760 6.63% 6.74% -0.11% $29,188 $0 $1,297,579 1.00 2033 $1,072,000 $0 ($30,000) $0 $1,042,000 $1,072,000 6.00% $280,860 $1,322,860 7.16% 7.28% -0.12% $29,626 $0 $1,317,043 1.00 2034 $1,157,000 $0 ($32,000) $0 $1,125,000 $1,157,000 6.00% $218,340 $1,343,340 712% 7.86% -0.13% $30,070 $0 $1,336,799 1.00 2035 $1,246,000 $0 ($35,000) $0 $1,211,000 $1,246,000 6.00% $150,840 $1,361,840 8.32% 8.46% -0.14% $30,521 $0 $1,356,851 1.00 2036 $1,341,000 $0 ($38,000) $0 $1,303,000 $1,341,000 6.00% $78,1801 $1,381.1801 8.95% 9.10% -0.15% $30,979 $0 $1,377204 1.00 TOTAL $14,980,000 ($246,000) ($413,000) $0 $14,321,000 $14,980,000 $19,211,727 $33,713,727 100.00% 100.00% -0.00% UNITED CITY OF YORKVILLE SSA NO.2005.108:SERIES 2006 DEBT SERVICE-PROPOSED COVERAGE Ending 311 Principal Revised Debt Service Principal% Called- Called- Pending Call- Admin Reserve Bond Year Original Sinking Fund Prepayments Mandatory Outstanding Total Rate Interest P+I Original Revised Delta Expenses Earnings Max Taxes Covera e 2907 $9 $9 $B 690% $796,437 $796,437 089% 090% 8.89% NA NA NA NA 2488 $0 $9 89 699% $898;890 $898,809 9903; 9.994; 0-099; NA NA NA NA 2009 $65,900 ($66,999) $g $66,,900 6.90% $878,970 $878679 OA89G 0999; 033% NA NA NA NA 2939 $83999 ($829g9) ($1,00g) $0 $83000 6.909; $879;429 $952;320 946% 9.98% 0-66% NA NA NA NA 2914 $192,800 ($99,809) ($3,909) $9 $0 $192;090 680% $866,290 $964209 9.98% 009% 9.98% NA NA NA NA 2012 $123,000 $0 ($3,000) $0 $120,000 $123,000 6.00% $752,820 $872,820 0.82% 0.96% -0.14% $21,671 $0 $963,416 1.08 2013 $144,000 $0 ($4,000) ($17,000) $123,000 $144,000 6.00% $745,620 $868,620 0.96% 0.98% -0.02% $21,996 $0 $977,867 1.10 2014 $168,000 $0 ($4,000) ($20,000) $144,000 $168,000 6.00% $738,240 $882,240 1.12% 1.15% -0.03% $22,326 $0 $992,535 1.10 2015 $193,000 $0 ($5,000) ($23,000) $165,000 $193,000 6.00% $729,600 $894,600 129% 1.32% -0.03% $22,661 $0 $1,007,423 1.10 2016 $220,000 $0 ($6,000) ($26,000) $188,000 $220,000 6.00% $719,700 $907,700 1.47% 1.50% -0.03% $23,001 $0 $1,022,534 1.10 2017 $248,000 $0 ($7,000) ($30,000) $211,000 $248,000 6.00% $708,420 $919,420 1.66% 1.68% -0.03% $23,346 $0 $1,037,872 1.10 2018 $279,000 $0 ($7,000) ($35,000) $237,000 $279,000 6.00% $695,760 $932,760 1.86% 1.89% -0.03% $23,696 $0 $1,053,440 1.10 2019 $312,000 $0 ($8,000) ($39,000) $265,000 $312,000 6.00% $681,540 $946,540 2.08% 2.11% -0.03% $24,051 $0 $1,069,242 1.10 2020 $346,000 $0 ($10,000) ($43,000) $293,000 $346,000 6.00% $665,640 $958,640 2.31% 2.34% -0.03% $24,412 $0 $1,085,281 1.10 2021 $384,000 $0 ($11,000) ($47,000) $326,000 $384,000 6.00% $648,060 $974,060 2.56% 2.60% -0.03% $24,778 $0 $1,101,560 1.10 2022 $423,000 $0 ($12,000) ($52,000) $359,000 $423,000 6.00% $628,500 $987,500 2.82% 2.86% -0.04% $25,150 $0 $1,118,083 1.10 2023 $465,000 $0 ($13,000) ($57,000) $395,000 $465,000 6.00% $606,960 $1,001,960 3.10% 3.15% -0.04% $25,527 $0 $1,134,854 1.10 2024 $510,000 $0 ($15,000) ($62,000) $433,000 $510,000 6.00% $583,260 $1,016,260 3.40% 3.45% -0.05% $25,910 $0 $1,151,877 1.11 2025 $558,000 $0 ($16,000) ($68,000) $474,000 $558,000 6.00% $557,280 $1,031,280 3.72% 3.78% -0.05% $26,299 $0 $1,169,155 1.11 2026 $610,000 $0 ($16,000) ($74,000) $520,000 $610,000 6.00% $528,840 $1,048,840 4.07% 4.14% -0.07% $26,693 $0 $1,186,692 1.10 2027 $664,000 $0 ($19,000) ($81,000) $564,000 $664,000 6.00% $497,640 $1,061,640 4.43% 4.50% -0.06% $27,094 $0 $1,204,492 1.11 2028 $722,000 $0 ($20,000) ($88,000) $614,000 $722,000 6.00% $463,800 $1,077,800 4.82% 4.89% -0.07% $27,500 $0 $1,222,559 1.11 2029 $784,000 $0 ($22,000) ($95,000) $667,000 $784,000 6.00% $426,960 $1,093,960 513% 5.32% -0.08% $27,913 $0 $1,240,897 1.11 2030 $849,000 $0 ($23,000) ($103,000) $723,000 $849,000 6.00% $386,940 $1,109,940 5.67% 5.76% -0.09% $28,331 $0 $1,259,510 1.11 2031 $919,000 $0 ($25,000) ($111,000) $783,000 $919,000 6.00% $343,560 $1,126,560 6.13% 6.24% -0.11% $28,756 $0 $1,278,403 1.11 2032 $993,000 $0 ($28,000) ($120,000) $845,000 $993,000 6.00% $296,580 $1,141,580 6.63% 6.73% -0.11% $29,188 $0 $1,297,579 1.11 2033 $1,072,000 $0 ($30,000) ($129,000) $913,000 $1,072,000 6.00% $245,880 $1,158,880 7.16% 7.28% -0.12% $29,626 $0 $1,317,043 1.11 2034 $1,157,000 $0 ($32,000) ($139,000) $986,000 $1,157,000 6.00% $191,100 $1,177,100 7.72% 7.86% -0.13% $30,070 $0 $1,336,799 1.11 2035 $1,246,000 $0 ($35,000) ($150,000) $1,061,000 $1,246,000 6.00% $131,940 $1,192,940 8.32% 8.46% -0.14% $30,521 $0 $1,356,851 1.11 2036 $1,341,000 $0 ($38,000) ($165,000) $1,138,000 $1,341,000 6.00% $68,280 $1,206,280 8.95% 9.07% -0.12% $30,979 $0 $1,377204 1.11 TOTAL $14,980,000 ($246,000) ($413,000) ($1,774,000) $12,547,000 $14,980,000 $17,352,147 $30,080,147 100.00% 100.00% -0.00% EXISTING DEVELOPMENT Levy Year Total Dwelling 2010 2010 Classification Units Special Tax Special Taxes [1] Single Family Dwelling Units 309 ^$2,091.00 ^$646,119.00 [2]Townhome Dwelling Units 249 $1,778.00 $442,722.00 [3] Prepaid Single Family Dwelling Units 8 $0.00 $0.00 [4] Prepaid Townhome Dwelling Units 8 $0.00 $0.00 [5] Lost Townhome Dwelling Units 1 $0.00 $0.00 ------------------ ------------------ ------------------ TOTAL 575 n/a $1,088,841.00 PENDING DEVELOPMENT Levy Year Total Dwelling 2010 2010 Classification Units Special Tax Special Taxes [1] Single Family Dwelling Units 340 $2,091.00 $710,940.00 [2]Townhome Dwelling Units 142 $1,778.00 $252,476.00 [3] Prepaid Single Family Dwelling Units 8 $0.00 $0.00 [4] Prepaid Townhome Dwelling Units 8 $0.00 $0.00 [5] Lost Townhome Dwelling Units 1 $0.00 $0.00 ------------------ ------------------ ------------------ TOTAL 499 n/a $963,416.00 MEMORANDUM September 30,2011 To: Kristi Barksdale-Noble,Community Development Director, United City of Yorkville From: Jake Daab, Land Acquisition Manager, Pulte Homes Re: Analysis of HOA assessments as a result of Resubdivision of Unit 1A,Autumn Creek Subdivision, Yorkville, IL HOA Attached as Exhibit"A"the "summary sheet" illustrating the current(2011) budget for the Autumn Creek Homeowner's Association and the proposed 2012 budget for same. As Pulte remains the Declarant for the HOA, and has not turned it over to a Resident board,the contemplated resubdivision and change in unit count was anticipated in the 2011 budget,with no significant increase from the prior years' budgets,and is reflected in the 2012 budget as well.While the current draft of the 2012 budget shows a decrease in per-house HOA contribution,due to a recalculation of capital reserve requirements, we anticipate the final 2012 budget to show a one-percent(1%) increase in per-house contribution. .n N Q O O T T T (D N W C Z r L4, N (A C bC cO 3 (D F(D-' F(D-' m r W Cl m S Q O N O N O !1 rn fND dq O rr (A � 07 fD .�► N r .Oi !D CL (�D 3 * O '* 0 '� �1 Z X X aL O m 3 O m tr O D m m M m 3 C m C O• 3 O 3 3 m H-+ 2L 3 w O v rn m d 91 N w V W m W O O W O A F+ M w w �D N W O O �D O O O O N N CL r v0i ;o rn V A Lnn O tW0 •* to A V O V V N a W 000 O ' , O O fu N 0P0 W l�l1 N OJ Ln 000 (3) A N N rn v 90 m N O O � A tcn0 O O O N t V fl•1 co fD rn W O.pp W I V 01 l0 A In T 0 D U v 3 < n O fD OJ r D) N L C 'O Q d fD 4- Q Fa _N 0 W L 2 n� N N �• O X F� of N X