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Plan Council Packet 2011 10-27-11 J�o c►r o United City of Yorkville J AL '" 800 Game Farm Road EST. -� _ 1836 Yorkville, Illinois 60560 4 Telephone: 630-553-4350 C- Fax: 630-553-7575 k. ►�-�' PLAN COUNCIL AGENDA Thursday, October 27, 2011 9:00 a.m. City Conference Room 8:45 a.m. Staff meeting 1. Minutes for approval October 28, 2010 2. PC 2011-06 Worsley-Gawne Lane -Lots 4-6 Worsley's Addtn. Rezoning Request 3. PC 2011-07 Worsley-Gawne Lane—Lots 4-6 Worsley's Addtn. Final Plat 4. PC 2011-09 Autumn Creek—Phase I Resubdivision Amend. Final Plat Adjournment Plan Council October 28, 2010 Attendees: Joe Wywrot, City Engineer Jackie Dearborn, Civil Engineer Bart Olson, City Administrator Paul Zabel, Zoning Coordinator Krysti J. Barksdale-Noble, Dir. Of Comm. Development Guests: Dan Kramer, Attorney Steve Koulis,Ultimate Sports Bar Jeff Kras, Hawthorne Race Course Lynn Dubajic, Yorkville EDC The meeting was called to order at 9:00 am by Joe Wywrot. The June 24, 2010 minutes were approved as submitted. PC 2009-12 Christofferson, Schwarz-Lots 1-3 Van Emmon PUD Amend. Rezoning Krysti Barksdale-Noble explained that this property was zoned R-2 Duplex PUD in 1998. The applicant is looking to amend the PUD agreement to allow for unidentified business use, B-2. There is no specific land use plan so when revisited in the future it must comply with all the B-2 standards. Consolidation into a single lot and re-platting is recommended. A transitional yard of 30' will be required because it abuts a residential lot. Trends in the area have been to rezone from residential to B-2 business. This property is located within the TIF district and land use plan allows for mixed use. The appearance code and landscape ordinance will apply. Jackie Dearborn explained that stormwater run-off and drainage problems are an important issue that needs to be addressed in the planning. Residents along Van Emmon are sensitive to the run-off in this area and their concerns should be taken into account and designs for parking lots should include stormwater BMP's such as permeable pavers. Joe Wywrot explained that the zero-lot set-back for the front yard may not be appropriate on Van Emmon and is more appropriate for a downtown building. Ms. Noble had not recommended a deviation from this requirement. Dan Kramer suggested that a minimum setback can be established as part of the zoning ordinance instead of changing to a B-3 zoning. Additional right-of-way may be needed and Mr. Wywrot would like to see a 40' ROW to the center line of Van Emmon. Comments provided by Laura Shraw were acknowledged which included a 30' buffer yard for a parking lot adjacent to a public ROW. A revision of one paragraph is required by Tuesday, November 2. The matter will more forward with staff review comments to the Plan Commission meeting scheduled for November 10, 2010. PC 2009-13 Ultimate Sports Bar, Inc. - 1447 Cannonball Tr. Text Amendment PC 2009-14 Ultimate Sports Bar, Inc. —1447 Cannonball Tr. Special Use 1 The off-track betting(OTB) facility will attract 40-60 people per day during afternoon hours and double that once the business has matured. The OTB peak hours are between 1:30 PM—4:30 PM and 7:30 PM—9:30 PM with the bar being open from 11:00 AM to midnight. This business designation does not have a required number of parking spaces. The number of parking spaces for a restaurantibar is satisfied with the acquisition of the additional unit next door. Parking is available along the back of the building where a separate entrance/exit will be added. On special racing event days, transportation to and from this location will be provided by a trolley service. Typically a daily rental fee will be paid to adjacent property owners for use of their lots for overflow parking. A cross access parking agreement exists between the banks for additional parking there after bank hours. A couple of"smaller" satellite dishes will be installed on the roof through Dish Network. Surveillance cameras will be installed with 24-7 monitoring and back-up tapes for review. No comments have been received from Rich Hart at the Yorkville Police Department in regards to security. Ms. Noble has researched other facilities and the number of incidents has been low with minor incidences such as lock-outs from cars. Paul Zabel questioned the separation of the two pass-through areas. Mr. Koulis is planning with the architect to install glass doors between the two businesses with locks and separate alarm codes to close off the betting area when necessary. Ms. Noble noted that OTB facilities proposed are to be allowed only in the B-2 and not the B-3 even though B-2 uses are cumulative in B-3 zoning. Ms. Noble inquired about changing the age requirement from 18 to 21 however this is regulated by the State and cannot be modified by the City since we are not a home-rule community. The daycare center is not defined as a school so the 500 feet requirement is not a concern for land use. Ms. Noble presented a map indicating a 500 foot circle from the actual building exterior showing the inclusion of 16 residential units. If 50 people are registered voters within this radius, a sign-off sheet is required to permit this special use and a statement filed with the Racing Board. Advertisement on Route 34 is desired by the OTB. Only one monument sign is allowed per lot. An additional sign is permitted on the north face of the building based on the lineal footage of the fagade. It was calculated that approximately 100 square feet is still available for an OTB sign. A sign on an exterior wall must represent the business inside so this would be allowed per the ordinance. Paul Zabel questioned what address would be used for this new business. Old and New, the previous tenant was assigned an address for that additional unit being acquired. Mr. Hart will be contacted for his comments. No public comments have been received up to this point. Revisions and a resident sign-off letter, if required, will be submitted to Ms. Noble. The matter will more forward with staff review comments to the Plan Commission meeting scheduled for November 10, 2010. The meeting was adjourned at 10:00 AM. Minutes submitted by Jackie Dearborn 2 Memorandum EST. � 1836 To: Plan Council 0� a= From: Krysti Barksdale-Noble, Community Development Director Kendae counTy �� CC: Bart Olson, City Administrator <kE Date: October 24, 2011 Subject: Worsley/Gawne Lane—Rezoning Request & Final Plat Lots 4, 5, and 6 in Block 2 of Worsley's Addition I have reviewed the proposed re-zoning request application regarding Lots 4, 5 and 6 in Block 2 of Worsley's Addition from R-1 One Family Residence District to R-2 One Family Residence District and have the following comments: General Zoning Comments: • There is an 8" sanitary sewer line located on Gawne Lane. The connection for sanitary sewer for this development could be made at an existing manhole near the northwest corner of 20 Gawne Lane. • There is an existing 8" water main which runs along Gawne Lane and then continues west and north along Worsley to Main Street available for connection. • Kendall County Recorder Office Document No. #200800024713 dated 11/18/2008 states that in consideration of the grant of a 25 foot easement by the applicant (Steve Friel) for the purposes of a storm sewer, the City agreed to waive any future sewer and water hook- up fees for property described in the attached legal description(Lot 6). • Final Plat should illustrate all building setback dimensions, including required front yard, side yards, corner side yards and rear yards. • Consideration should be given to the condition of Gawne Lane and Worsley Street. Since the private/public status of Gawne Lane is undetermined, the petitioner must have access off either Worsley Street or Gawne Lane as the other potential accesses are off of alleys. Both Gawne and Worsley are very narrow with poor roadway bases and may require reconstruction. • Existing Land uses and zoning within the general area of the Subject Properties are as follows: Existing Zoning Existing Land Use Comments • Approx. 20' paved alley between the North R-2 One-Family Residence Residential 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.. R-2 Zoning Comments: • What is the proposed orientation of the residences on the lots? This will establish compliance with the required front yard setback requirement for the R-2 district. • The minimum lot requirement for R-2 is 12,000 square feet when served by public utilities; each proposed new lot is approximately 16,000 sq. ft(±107'x±150'). • The minimum lot width for the R-2 district is 80 feet measured at the building setback line; each proposed new lot is in excess of 100 feet in width at the building setback line. • Maximum lot coverage permitted in R-2 is 30% (Section 10-6C-5). • The maximum height of future residences must comply with Section 10-6C-6 of zoning ordinance of 2.5 stories or thirty-feet(30'), whichever is less. • Required minimum setbacks for R-2 zoning are as follows: Front Yard = 30 feet; Side Yard (interior) = 10 feet or 10%, whichever is greater; Corner Side Yard= 30 feet; Rear Yard=40 feet. Other Code/Ordinance Considerations: • Comprehensive Plan- The parcels are 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. • Landscape Ordinance -Any future development will be subject to the provisions in the City's Landscape Ordinance. 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 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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Annex. Agreement&Amend. Final Plat for Re-platting I have reviewed the proposed Amendment to the Annexation Agreement and Final Plat request application for the Autumn Creek Subdivision and have the following review comments: Amend.Annexation Agreement Comments: • Page 30 Section 24. COVENANTS of the original annexation agreement (Ord. No. 2005- 25) states that 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. • Section 24. COVENANTS (Ord. No. 2005-25) also states that the developer will adhere to the anti-monotony policy for single-family detached homes referenced as Exhibit N regarding exterior elevations of buildings. • Exhibit "G" Fee Schedule of the original annexation agreement (Ord. No. 2005-25) indicates a Land-Cash Fee for Park and School Donation based upon Duplex and Single- Family Housing types. It should be noted that the Land-Cash Fee Donation for the proposed re-platted portion of Autumn Creek from townhome to single-family dwelling unit is now $2,904.53 per dwelling unit made payable at time of building permit issuance. • Will the re-platting require recalculation of the prepaid cash School Contribution of $581,139.93 indicated in Exhibit"H" of the annexation agreement? • The original annexation agreement for the Autumn Creek Subdivision was recently amended in 2010 via Ord. No. 2010-31 which extended the fee and ordinance locks for the development until April 25, 2015. Section 4, paragraph A of the amended ordinance required the adherence to the 2006 International Building Code standards with no requirement for fire suppression systems installed in single family detached homes. • Section 6 of the amended Annexation Agreement (Ord. No. 2010-31) also required the submittal of a fiscal impact analysis indicating no negative impact to the Special Service Area (SSA) or Homeowners Association (HOA) would result from the proposed re- platting from townhome units to single family dwelling units. A copy of the fiscal analysis has been provided from the Pulte Homes; however, staff requests a written executive summary to accompany the Mandatory Prepayment report for Special Service Area No. 2005-18 which provides a synopsis of the proposed SSA pre-payment as was provided for the anticipated impact to the HOA funding dated September 30, 2011. Amend. Final Plat Comments: • City Engineer will work with developer to establish addressing for the re-platted portion of the Autumn Creek Subdivision upon approval of the amended Final Plat in accordance with Section 33. ADDRESSES of the original Annexation Agreement. • Exhibit "E" paragraph B of the original annexation agreement (Ord. No. 2005-25) lists the following 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; provided plans indicate the median lot size is approximately 14,402 square feet with Lot 22 having the smallest total area of approximately 10,218 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; provided plans illustrate compliance with the provision as lot width is measured at the building setback line. 3. Paths maybe installed closer than 15 feet from the property line, but no closer than 5 feet. No paths are illustrated on the provided plans. • Will Lots 8, 11, 12 and 155 of the proposed Final Plat be common open space? And if so, will its maintenance be included in the overall HOA budget? 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 FXI577NG F9 MUt R-FAW Y LOTS f27 UNITS(TO ROM) GROSS AREA- 19.56 ACRES NET(MF)LOT AREA- 13.71 ACRES _ PROPOSED 31 SWGLE FAMILY LOTS QQ �IWI3 AOOEO TO EXIST.1 68(SF)ROTS 199 TOTAL(Sr)LOTS I GROSS AREA - 87.31 ACRES NET(SF)LOT A A-61.82 ACRES p �•:.SYgiw tl i� CHRISTY LANE EXISTING r` �:' ' ' GROSS AREA-4126 AC PHASE I AREA " 1,�' �� ` �r!� DUTAC- 1,69(GROSS) m m E - MET ARFA-2t,L0 AC � (� r'� - V X41.i, OU/AC. -79e(uET) �a>` � GROSS AREA = 132.57 GROSS AREA = 132.57 ` �� `�V�%-:� ��l �- DU/AC = 3.03 (GROSS) DU/AC = 2.4fi (GROSS) a __} ,�.� Ir s I+ T- NET AREA = 77.63 NET AREA = 77.63 " 11 mr� DU/AC. = 9.18 (NET) DUfAC. = 4.20 (NET) .'= /•� 1 �� ir< t 't , rt,1 ' d1 LILLIAN LANE URE d I r e F F}� ."ra �1�� ,/► ! of � \ � 1 ��'4�1�I/�- �,I I .N �`, _max \• ti .� �� L J r GROSS AREA-11,83 AG 7Y GROSS) o!!/AC . 1. 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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. 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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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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 LETTER OF TRANSMITTAL Date: October 17, 2011 Job No. 88100362 Subject Autumn Creek Unit 1A H RGreen I Resubdivision 651 Prairie Pointe, Suite 201 VIA (as checked below): Yorkville, Illinois 60560 630.553.7560 ® MessengerlDelivery E] Regular Mail ❑ UPS Ground ❑ UPS Next Day To: Krysti J. Barksdale-Noble, AICP Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 ❑ Shop Drawings ❑ Prints ® Plans ❑ Survey ® Plat ❑ Specifications ❑ Copy of Letter ❑ Change Order ❑ Copies Date Description 3 (full) 10/02/11 Autumn Creek Unit 1A Engineering Improvement Plans 3 (full) 09/30/11 Autumn Creek Unit 1A Final Plat of Resubdivision and Vacation 3 (full) 10/02111 Autumn Creek Unit 1A Landscaping Plan (prepared by Gary R. Webber Associates, Inc. 20 10/03/11 Site Plan & Final Plat Resubdivision (11x17 folded) 1 10/17/11 Response to review comments letter 1 CD copy of submittal ❑ For Approval ❑ For Your Signature ❑ For Your Use ❑ As Requested ® For Review and Comment Remarks: Copies Jake Daab, Pulte Homes Signed: 2", to: Ken Huhn, P.E. Project Manager O:`KS 1003621Dcsign%Corrtran-10171 l-UCOY.doc 9$75 W..€�i it:;lTca� i2ns�t.3cnt,�I fic� 18 ,JCL'84, 9790 Fax:847,.M-1029' ..•..-:-.:.... .. .::, . : : . . ::. .:.. hex:847-3 LU Thomson. Surv"ey"�� OctOer'-3, 2611.. Engineering 'Enterprises, Inc. 52'Whe'eier Road Sugar Grove,:Illinois .60554 Attention: Mr.,Bradley P. Sanderson, PE' V ce:President Subject: ,Comm,ent Letter Dated:Septemljer 10, 2011 >.`.AWumh.Creek Subdivision a.RQsubdivision of Unit Hear Mt.,Sanderson: This letter .is in. .raspanse to your comm6n# letter, dated September: 10; 2011 regarding the above:;mentioned property. :Ths.cornments #corn the Letter and the responses are presented;bOlow , Plat Review Comment#29 ° '. Since'Sage Court and Crimson Lane.have.already Been dedicated '. .a�td have:'. not bee please nrplace the rtote "hereby dedicated" with' "Heretofore Vedicated" and give the document numb&dedicating.the roads. Response A separated plat of va'dition' has .been. prepared and is included with this submittal, Comment#30 The width of the rights of way'needs to be dimensioned. Respo.rfse The.width.of the.rights Qf way'lhave been dimensioned. Cornrpent#31 :The Point of.Beginning-needs to tie shown:on the.plat. Response 'The text has been:added. Comment#32 Please show where the 2 concrete monuments are to be set. Response The text has been added. Comment#33 There are numerous instances where the sums of the rear lot dimensions do not add up to the overall subdivision boundary dimension. This needs to be correct. Response The dimensions have been corrected. Comment#34 The existing lot lines and rights of way abutting the subdivision need to be shown on the plat along with recording information. Response This information has been added. Comment#35 A note will need to be added to the plat vacating all previously granted easements and the utility companies who were granted easement rights in the previous subdivision will need to sign off on this plat accepting vacations_ Response A separated plat of vacation has been prepared and is Included with this submittal. Comment#36 Joe Wywrot is no longer the City Engineer and his name needs to be removed from the Engineer's Certificate. Response Joe Wywrot's name has been removed. Comment#37 Since there are not Stormwater Management Easements or Landscape Buffer Easements the provisions should be removed. Response The provisions have been removed. Please feel free to contact me if you should have any questions. r re ' , vid M. S on PLS p � President V cc; Mr.Joe Marx—PulteGroup/IL Division HRGreen October 17, 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 September 19, 2011 regarding the above referenced project. Below is a point-by-point response to that letter. General Comment 1: Please provide an engineer's estimate for the planned improvements. Response 1 The estimate is attached for your review. Comment 2: Please submit the plans to the Yorkville-Bristol Sanitary District for review. Response 2: The plans have been submitted for review. We are awaiting review comments. Comment 3: A site development permit application will need to be completed and submitted to our office for review. Response 3: The development application is attached for your review. Comment 4: Please provide an updated landscape plan for review. HRGreen.com Phone 630.553.7560 Fax 630,553.7646 Toll Free 800.728.7805 651 Prairie Pointe,Sure 201,Yorl Illinois 60560 Mr. Bradley P. Sanderson Engineering Enterprises, Inc. Autumn Creek Subdivision a Resubdivision of Unit 1 October 17, 2011 Page Response 4 A landscape plan prepared by Gary R. Webber and Associates, Inc. is attached for your review. Comment 5: IEPA Division of Water Pollution Control Notice of Intent (NOI) should be submitted for review. Response 5: The subdivision still has an active NPDES permit for the subdivision. (Illinois General Permit No. ILR 100866) Comment 6: Due to proposed conflicts with street lights throughout the development, please provide the existing and proposed street light wire locations with the plan set. Response 6: The approximate location of the street light wire locations has been shown on the plans. The corresponding removals have been added to the removals plan. Comment 7: It appears that the existing utilities such as Nicor, ComEd, and Comcast, will need to be relocated. Please contact all utilities prior to construction in case permits are needed for each utility. Response 7: Dry Utility Services, on behalf of the developer, has been coordinating all required utility relocations. Comment B: Erosion control measures should be provided in the plan set. Response 8: An erosion control plan and specification has been added to the plan set. (Sheets C-008 and C-009.) Comment 9: All notes, details, etc that referenced Class "I" Superpave Mixture should be updated to the present standards of Hot-Mix Asphalt Surface Course, Mix "C" N50 or Hot-Mix Asphalt Binder Course IL-19.0, N50. Please revise accordingly. Response 9: The notes and details have been revised accordingly. Mr. Bradley P. Sanderson Engineering Enterprises, Inc. Autumn Creek Subdivision a Resubdivision of Unit 1 October 17, 2011 Page Sheet G-002 Comment 10: General Notes: Number 2 and 9B reference Prairie Point. This should be changed to Autumn Creek. Response 10: The notes have been corrected. Comment 11: The City Engineer should be changed from Joe Wywrot to Bradley P. Sanderson, Engineering Enterprises, Inc. Response 11 The change has been made. Sheet G-003 Comment 12: Water Main Notes: Number 6 states "the box shall be attached to the hydrant barrel with grip arms...", the new City standard is to install valve box stabilizer on all valve boxes. Please revise all notes and details such that they reference valve box stabilizers. Response 12: The notes and details have been revised. Sheet G-006 Comment 13: Standard 424001 Curb Ramps for Sidewalks has been updated by the Illinois Department of Transportation. Please provide the latest standard detail. Response 13: The latest standard has been added to the plans. Sheet G-007 Comment 14: The "Curb Box Installation Detail' has some overlapping text making some items hard to read. Please revise. Response 14: The detail has been corrected. Comment 15: At this time there does not appear to be any patching on the project. If there is no patching the "Pavement Removal and Replacement Detail' can be removed. If patching is anticipated, please revise based on the following comments. a. The detail should be updated as stated in comment 10 Mr. Bradley P. Sanderson Engineering Enterprises, Inc. Autumn Creek Subdivision a Resubdivision of Unit 1 October 17, 2011 Page b. The thickness of the existing Bituminous Base Course should be provided c. The maximum allowable thickness for Hot-Mix Asphalt Surface Course is two (2") inches, please revise accordingly Response 15: The details have been updated as indicated to provide the accurate information in case patching is needed during the project. Sheet C-003 Comment 16: The following lots should have "X's" over their cleanouts denoting they are being removed. a. 147 b. 153 c. 155 d. 156 Response 16: The corrections have been made. Comment 17: The sanitary sewer on the west end of Lot 1391140 should have cross hatching denoting the pipe will be removed along with the manhole and cleanouts. Response 17: The correction has been made. Comment 18: There is a b-box on Lot 140 that is not designated as being removed or replaced. Please revise accordingly. Response: 18 Revised as noted. Comment 19: The note detailing the crimping of the existing water services should be revised such that all water services will be removed to the corp and the core will be closed at the main. Response 19 The note has been revised and included on sheets C-003, C-004, and C-005. Sheet C-004 Comment 20: There does not appear to be enough room to install all services as currently shown. In addition, the crossing of the services should be eliminated, please revise accordingly. Mr. Bradley P. Sanderson Engineering Enterprises, Inc. Autumn Creek Subdivision a Resubdivision of Unit 1 October 17, 2011 Page Response 20: A short sewer main extension has been proposed within the cul-de-sac median to provide addition space for two of the new service connections. Comment 21: The symbols for the sanitary cleanouts and b-boxes appear to be different from page C-005. Please update the sheets so that all symbols are the same. Response 21: The symbols have been corrected. Comment 22: It appears that the water main will need to be re-chlorinated after all the lines are capped. Please add a note to the plan set stating that the water main in the project limits needs to be rechlorinated prior to any new services being installed. Response 22: The note has been added to sheets C-004 and C-005. Comment 23: The sump connections to the existing storm sewer for Lots 1 through 21 should be shown connecting to the existing storm sewer. Per the plans Lots 22 through 34 will discharge their sumps directly to Basin Number 5. Response 23: The sump connections have been shown on Sheet C-007. Please note that some of the connections for lots 22-34 have been paired to minimize the disturbance to the basin. Sheet C-007 Comment 24: The following areas seem to have slopes less than the allowable 1.5%. Please adjust the grades so that all point on the lot has no less than 1.5% slope. a. Lot 7 —TIF b. Lot 7—west property line spot grade c. Lot 14 — east property line spot grade d. Lot 15 —west property line spot grade e. Lot 20 —TIF Response 24: Corrected as noted. Comment 25: The following lots have TIF's, spot grades, etc that are hard to read or missing. Please revise the plans so that the TIF's, spot grades, etc. are present. Mr. Bradley P. Sanderson Engineering Enterprises, Inc. Autumn Creek Subdivision a Resubdivision of Unit 1 October 17, 2011 Page a. Lot 7 —T/F b. Lot 7 —west property line spot grade c. Lot 14— east property line spot grade d. Lot 15 —west property line spot grade e. Lot 20—T/F Response 25: Corrected as noted Comment 26: The east property line of Lot 1 seems to have an incorrect grade of 647.70. All grades shown for the over flow route are 649.00 or higher. Please revise accordingly and provide the cross section for the over land flow route in the plan set for review. Response 26: The grade is correct. There is an existing low point and inlet at the lot corner. The overflow cross sections have been included in the plans. Comment 27: Over land flow route arrows should be provided inside the project limits on Crimson Lane. Response 27: The arrows have been added to the plans. Comment 28: The proposed storm sewer and storm sewer to remain in place should be shown on the grading plans. All storm sewer slated for removal should not be shown. Response 28: Corrected as noted. Plat Review See attached response letter from Thompson Surveying, Inc. Mr. Bradley P. Sanderson Engineering Enterprises, Inc. Autumn Creek Subdivision a Resubdivision of Unit 1 October 17, 2011 Page 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 Enclosures cc: Jake Daab, Pulte Homes Joe Marx, Pulte Homes 0:1881003621Design\Corrlltr-comment-sanderson-1 01711.docx AUTUMN CREEK SUBDIVISION-RESUBDMSION UNITED CITY OF YORKVILLE HR GREEN JOB NUMBER:88100362 PLAN SET DATE:10-02-11 H RG reen ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS PAYti'I UNf1S UI___--QU/.LfLw" COST 1.00 REMOVALS 120 REMOVE CONCRETE CURB AND GUTTER LIN FT. $ 10.00 950 $ 0,500.00 1.30 REMOVE STORM SEWER-15" LIN FT. S 20.00 123 S 2,460.110 131 REMOVE STORM STRUCTURE EACH $ 1,000.()0 1 $ 1,00000 140 REMOVE 4"WATER SERVICE LW.FT. S 10.00 977 $ 9,770.00 141 REMOVE 4'VALVE AND VALVE BOX EACH $ 200.D0 7 $ 1 400.DD 1.42 REMOVE FLUSHING HYDRANT EACH $ 2011 7 $ 1,400.00 143 REMOVE WATER SERVICE WITH B-BOX AND CAP CORPORATION STOP EACH $ 350.00 92 $ 32200.Otl 1.50 REMOVE SANITARY MANHOLE EACH S 1,000.00 3 $ 3000 DO 151 REMOVE SANITARY SEWER AND EXISTING CLEANOUT LIN.FT. S 15.00 912 $ 13680.00 1.801 REMOVE EXISTING ELECTRICALCABLE-LIGHTING LIGHTPOLES LIN FT. $ 4,001 3mi$ 1252.00 IIAD Sub-TotaC: - ---- ....- - - - ... . IS 75,74111 PAY ITEM __ UNITS UNIT COST QUANTITY COST 2.00 ROADWAY CONSTRUCTION - - CONCRETE 2.01 COMBINATION CONCRETE CURB AND(AITTE.R.-,TF'E18-0.1 LIN FT. 5 15.00 950 $ 14,250.00 2.00 Sub-Total - S 14,250.00 PAY1TiM UNIT UNIT COST QUANTITY COST 3.00 STORM SEWER CONSTRUCTION 3.01 STORM SEWERS,CLASS B,HDPE.6" LIN.FT 5 20,p0 198 $ 3.950.00 3 02 STORM SEWERS,CLASS A,TYPE 2.15 LIN FT $ 2500 128 $ 3.2W.00 3.03 END SECTION 6'WITH HEADWALL EACH S 800100 4 $ 1200.00 3.04 MANHOLE.TYPE A.4'DIAMETER,T1 CL EACH S 21500.00 4 5 10,000.00 3.05 INLET,TYPE A.2'DIAMETER.T1 F CL EACH $ 1.200.00 4 $ 4,800-60- 3.06 EXISTING STORM CONNECTION AT S7RqCTj1W EACH $ 803.00 1 $ 80000 3.07 SUMP PUMP CONNECTION AT STRUCTURfE 44SfH4' 1VLSTLJB EACH S 350.00 31 $ 10,850.00 3.00 Sub-Total is 35.810,00 PAV UNIT UNIT COST QUANTITY COST 4.00 WATER MAIN CONSTRUCTION 4.01 CORPORATION STOP,SERVICE CONNECTION EACH $ 30000 17 S 5.100.00 4.02 1 1�2-INCH COPPER WATER SERVICE- EN TR€NDId LIN.FT. $ 2000 88 S 1.760.00 4.03 1 112-INCH COPPER WATER SERVICE-❑IRFCTK}NALL.V DRILLED LIN.FT $ 65.00 488 $ 31,720.00 4.04 CURB STOP EACH $ 50100 17 $ 8,500.00 4 D5 DISCONNECT 4'SERVIVE AT MAIN AND(NSTALL MJ CAP AT TE E EACH $ 65001 7 S 4.200.00 4.00 Sub-Total $ 51,280-00 PAY 1111I UNIT UNIT COST QUANTITY COST 5.00 SANITARY SEWER IMPROVEMENTS 5.01 6-INCH SDR 26,PVC,SANITARY SEWS??-1SFw_.47F.ENCH-- I LIN FT $ 35.00 109 $ 381500 5 02 6-INCH SDR 26.PVC,SANITARY SEWER-00ECTION6 LLY DR i1 _ LIN.FT. $ 75.00 321 S 24.075.00 5 03 8-INCH SDR 26.PVC.SANITARY SEWER LIN FT. $ 40.00 9 $ 360.00 5 04 CONNECTION TO EXISTING SANITARY SEWER EACH $ 1.000.00 1 $ 1,000 00 5.05 MANHOLE TYPE A.4'DIAMETER,TYPE I FX(3 EACH $ 3,500.00 1 $ 3.500.00 5 06 EXISTING SEWER CONNECTION AT MAI�4 -11,$SEITLTATEE' EACH $ 400.00 4 $ 1,600.00 5.00 Sub-Total -� - 5 34.350.00 10!1712011 OPC_AutumnCreek_Resub-2011-10-17 Page 1 of 2 AUTUMN CREEK SUBDIVISION-RESUBDMSION UNITED CITY OF YORKVILLE HR GREEN JOB NUMBER:68100382 PLAN SET DATE;1002-11 HRGreen ENGINEERS OPINION OF PROBABLE CONSTRUCTION COSTS 6.00 MISCELLANEOUS IMPROVEMENTS PAY 7T E M UNIT 1 UNIT COST QUANTITY COST 6.01 CABLE INSTALLATION-LIGHTING LIN.FT. $ 800 1 602 $ 4.816.00 6.02 SILT FILTER FENCE LIN.FT, $ 2.501 4.693 S 11.732.50 6.00 Sub-Total $ 16.548.50 _ PAYITEla 1 UNIT 1 UNIT COST QUANTITY COST E'411111"LANDSCAPING IMPROVEMENTS RESTORATION OF DISTURBED AREAS ACRE S 5,000 00 0 1 $ 500 00 TEMPORARYSEEbfNG-PAD AREA ACRE $ 1,OODOD X17 $ 1169259 Sub-Total S 500.60 PAY:T EM UNIT UNIT COST 1 QUANTITY-1 COST SAO SITE LIGHTING 6.01 IREMOVE AND RELOCATE EXISTING LIG 1Tf§JLE 1S'1 71.s . . t . t $ 1,200.00$ . D6 8.00 Sub-Tatal Is 1,2110.00 1.00 REMOVALS - -- -- - _ _ 2.00 ROADWAY CONSTRUCTION 3.00 STORM SEWER CONSTRUCTION - #_.. ._ 10.00. 4.00 WATER MAIN CONSTRUCTION - - - -- - - -- - - - ; S11IM100 5.00 SANITARY SEWER IMPROVEMENTS 6.00 MISCELLANEOUS IMPROVEMENTS 9 7.00 LANDSCAPING IMPROVEMENTS _ _ -- -S-- --- 0,(� LOG SITE LIGHTING SUBTOTAL COST CONTINGENCY(10%) _ 23, 70.05 TOTAL COST(WITH CONTINGENCY) 7j0 Project Assumptions[NotestiComments: HRG a m+1 a a+nsinrt7nm c—i tutmauv or n.nsuwi,M n wturact.a,nnr sh,mld HRG'S rtmlering an,+pine+n oI prt4+ahle omstrutti,m c—i%he mnsfde ,11 egu,.akm u+tk-nature and catt[t1 A wn-.a t.,nmructi,m —t scomawr w t,-n,trm1Jit n om[ra 1„r waukt pr,wido HRG'S,+ftnkm will k hard adrly uP.,n his or list mn eiNrwTkv with wnslrtwtw+n Tltn requarts HRG to make a namher of assumpflfons as ro anual—11,111 that rill hi em+wnmed an utt.Ilx spa tttir,krrs►+n ul sak r Leapt prakbsiouls engaged.the•mans and ins Np fs of omstruttron Ilk umlra for will employ:tha om afl orttm nl lalay.egmpirkni and materiall tk n,ntra for ill tmpk'y c+mtralork"cling—in skasrmtninE ITims and marlel u+mhmms at Iht limo.and oilwr faen.rt,ter whwh IIRG has m,nmtrul Gistn the assumptions whwh must M made.HRG tann.4 Ruaranlee We Amivaty cl]its,q k-r apfn&+ns aI uwi,and to renVutx,n„f that I8t1,tM-r'LIF%T raiser am,claim aftainar HRG[clans.r„rk atturat}of HRG'S opfnfna lit lw ft+le imstnwtnm lust ITEMS TO NOTE: 1) ALL BENDS AND OR AODITIONAL FITTINGS 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)RIP RAP TO BE CONSIDERED INCIDENTIAL TO THE CONTRACT 4)4-SOLID PVC STUB TO BE INCLUDED WITHIN SUMP CONNECTION-5'MIN LENGTH OR PER PLAN LOCATION 5)RESTORE DISTURB AREAS TO ORIGINAL CONDITIONS INCLUDING TOPSOIL,SEED,PLANTINGS.AND EROSION CONTROL MEASURES 6)HMA SURFACE COURSE IS NOT INCLUDED. IT WAS INCLUDED IN LETTER OF CREDIT FOR ORIGINAL PHASE 1. 10A712011 OPC_AutttmnCreek_Resub-2017-1D-17 Page 2 of 2