Ordinance 2003-52 r, 00,600035 508
Filed for Record in
KENDALL COUNTY , ILLINOIS
PAUL ANDERSON
I0- 01 -20C-Q At t ) ; t )u tam .
ORDINANCE 19 . oo
STATE OF ILLINOIS )
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COUNTY OF KENDALL )
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ORDINANCE NO. 2003 - 5a
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AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF GAIL C. FISHER, GARY L. CONOVER,
DIANE J. CONOVER, JOHN E. LIES, DOLORES C. LIES, AND
KIMBALL HILL HOMES
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County, Illinois, that a certain Annexation Agreement pertaining to the development of the real
estate described in Exhibits "A, attached hereto and made a part hereof entered into by the
UNITED CITY OF YORKVILLE; and
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WHEREAS, said Annexation Agreement has been drafted and has been considered by the
City Council; and
WHEREAS, the legal owner of record of the territory which is the subject of said
Agreement is ready, willing and able to enter into said Agreement and to perform the obligations
as required hereunder; and
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WHEREAS, the statutory procedures provided in 65 ILCS 5111 - 15 . 1 - 1 , as amended, for
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the execution of said Annexation Agreement has been fully complied with; and
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WHEREAS, the property is contiguous to the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
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THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS , AS FOLLOWS :
Section 1 : That the Mayor and City Clerk are herewith authorized and directed to execute,
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on behalf of the City, an Annexation Agreement concerning the annexation and development of
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the real estate described therein, a copy of which Annexation Agreement is attached hereto and
made a part hereof.
Section 2 : That this Ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
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Section 3 : That all Ordinances or portion of Ordinances in conflict herewith be, and they
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are hereby repealed insofar as such conflict exists .
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MARTY MUNNS JOSEPH BESCO
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RICHARD STICKA WANDA OHARE
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VALERIE BURR ROSE SPEARS -10
LARRY KOT PAUL JAMES
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PROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this ay of 1n , A.D . 20V4
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MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this A ay of , A.D . 2063
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Prepared by and return to :
Law Offices of Daniel J. Kramer
1107A S . Bridge Street
Yorkville, Illinois 60560
630 . 553 . 9500
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Exhibit A
Legal Description
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THAT PART OF SECTION 17 AND PART OF THE NORTHEAST 1 / 4 OF SECTION 20 TOWNSHIP 37
NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS :
COMMENCING AT THE NORTHWEST CORNER OF " RICHARD ' S
NORTH 2 BLACKBERRY ESTATES ; THENCE
9 DEGREES 48 MINUTES WEST ALONG THE "WESTERLY LINE OF SAID SUBDIVISION
EXTENDED , 2116 . 46 FEET FOR A POINT OF BEGINNING ; THENCE NORTH 29 DEGREES 48
MINU'T'ES WEST ALONG SAID WESTERLY LINE EXTENDED , 854 . 17 FEET TO THE
OF THE BURLINGTON NORTHERN SOUTHERLY LINE
, INC . RAILROAD RIGHT - OF - WAY ; THENCE SOUTH 73 DEGREES
47 MINUTES WEST ALONG SAID SOUTHERLY LINE , 4 , 173 . 70 FEET TO A LINE DRAWN FROM A POI NT
ON THE NORTH LINE OF THE SOUTHWEST 1 / 4 OF THE SOUTHWEST 1 / 4 OF SAID SECTION 17
IS 363 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHWEST 1 / 4 OF THE SOUTHWEST 1/4Cx
OF SAID SECTION 17 TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST 1 / 4 OF THE
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SOUTHWEST 1 / 4 OF SAID SECTION 17 WHICH IS 151 . 80 FEET EAST OF THE SOUTHWEST CORNER
OF SAID SECTION 17 ( THIS LINE HEREINAFTER REFERRED TO AS LINE " All ) SOUTH 8
DEGREES 8 MINUTES 39 SECONDS WEST ALONG SAID LINE " A " , 706 . 23 FEET ; TO THEE SOUTH LINE
OF THE SOUTHWEST 1 / 4 OF SAID SECTION 17 ; THENCE NORTH 88 DEGREES
SECONDS EAST ALONG SAID SOUTH LINE 21496 7 MINUTES 53
. 26 FEET TO THE SOUTHEAST CORNER OF THE
SOUTHWEST 1 / 4 OF SAID SECTION 17 ; THENCE SOUTH 0 DEGREES 49 MINUTES 22 SECONDS EAST
ALONG THE WEST LINE OF THE NORTHEAST 1 / 4 OF SAID SECTION 20 , 289 . 08 FEET ; THENCE
SOUTH 75 DEGREES 58 MINUTES 30 SECONDS EAST , 2 , 389 . 96 FEET TO THE NORTHEASTERLY LINE
OF " BLACKBERRY " SUBDIVISION EXTENDED NORTHWESTERLY ; THENCE SOUTH 39 DEGREES 25
MINUTES 6 SECONDS EAST ALONG -SAID NORTHEASTERLY LINE EXTENDED AND SAID NORTHEASTERLY
LINE 27 . 82 FEET TO THE NORTHERLY LINE OF " RICHARD ' S BLACKBERRY ESTATES " EXTENDED
FROM THE EAST ; THENCE NORTH 82 DEGREES 45 MINUTES EAST ALONG SAID NORTHERLY LINE
EXTENDED , 15 . 19 FEET TO A POINT WHICH IS 739 . 38 FEET SOUTH 82 DEGREES 45 MINUTES
WEST FROM THE NORTHWEST CORNER OF SAID SUBDIVISION ; THENCE NORTH 7 DEGREES 15
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MINUTES WEST 44 . 06 FEET ; THENCE NORTH 75 DEGREES 58 MINUTES 30 SECONDS WEST , 77 . 55
FEET TO A LINE DRAWN SOUTH 7 DEGREES 15 MINUTES EAST FORM THE POINT OF BEGINNING ;
• THENCE NORTH 7 DEGREES 15 MINUTES WEST , .1 , 882 . 46 FEET TO THE POINT OF BEGINNING AND
ALSO THAT PART OF THE SOUTHWEST 1 / 4 OF THE SOUTHWEST 1 / 4 OF SAID SECTION 17 LYING
NORTHERLY OF THE NORTHERLY LINE OF THE BURLINGTON NORTHERN , INC . , RAILROAD RIGHT OF
WAY AND EASTERLY OF LINE " A " AFORESAID IN BRISTOL TOWNSHIP , KENDALL COUNTY , ILLINOIS
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THAT PART OF SECTIONS 17 , 19 , AND 20 , TOWNSHIP 37 NORTH , RANGE 7 EAST OF THE
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THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT THE NORTHWEST CORNER OF
" RICHARD ' S BLACKBERRY ESTATES " ; THENCE NORTH 29 DEGREES 38 MINUTES WEST ALONG THE
WESTERLY LINE OF SAID SUBDIVISION EXTENDED , 2116 . 46 FEET FOR A POINT OF
BEGINNING ; THENCE SOUTH 07 DEGREES 05 MINUTES 04 SECONDS EAST , 1360 . 62 FEET ;
THENCE SOUTH 82 DEGREES S4 MINUTES 56 SECONDS WEST 300 . 00 FEET ; THENCE SOUTH 07
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DEGREES OS MINUTES 04 SECONDS EAST , 820 . 04 FEET TO A POINT IN THE CENTER LINE OF
CONNONBALL TRAIL , SAID POINT ALSO BEING ON THE NORTHWESTERLY LINE OF
" BLACKBERRY " ; THENCE SOUTH 47 DEGREES 00 MINUTES 39 SECONDS WEST ALONG SAID
CENTER LINE AND SAID NORTHWESTERLY LINE , 967 . 96 FEET TO A POINT OF BEND IN SAID
CENTER LINE ; THENCE SOUTH 4C- DEGREES 27 MINUTES 04 SECONDS WEST ALONG SAID CENTER
LINE , 253 . 00 FEET TO THE SOUTHWEST CORNER OF SAID " BLACKBERRY " AND SAID POINT
ALSO BEING THE CENTER LINE INTERSECTION OF FAXON ROAD ; THENCE NORTH 80 DEGREES 34
MINUTES 11 SECONDS WEST ALONG SAID CENTER LINE OF FAXON ROAD , 1928 . 25 FEET TO A
POINT OF BEND ; THENCE NORTH 80 DEGREES 27 MINUTES 23 SECONDS WEST ALONG SAID
CENTER LINE , 1101 . 98 FEET TO A POINT OF BEND ; THENCE NORT 80 DEGREES 15 MINUTES
53 SECONDS WEST ALONG SAID CENTER LINE , 765 . 82 FEET TO A POINT OF BEND IN SAID
CENTER LINE ; THENCE NORTH 79 DEGREES 19 MINUTES 23 SECONDS WEST ALONG SAID CENTER
LINE , 746 . 63 FEET TO A POINT IN THE CENTER LINE OF ROB ROY CREEK ; THENCE NORTH 10
DEGREES 54 MINUTES 13 SECONDS EAST ALONG SAID CENTER LINE , 97 . 93 FEET TO A POINT ;
THENCE NORTH 39 DEGREES 34 MINUTES 58 SECONDS EAST ALONG SAID CENTER LINE , 85 . 0
FEET TO A POINT ; THENCE NORTH 51 DEGREES 32 MINUTES 24 SECONDS EAST ALONG SAID
•CENTER LINE 288 . 73 FEET TO A POINT ; THENCE NORTH 43 DEGREES 53 MINUTES 16 SECONDS
EAST ALONG SAID CENTER LINE , 377 . 12 FEET TO A POINT ON THE EAST LINE OF SAID
SECTION 19 ; THENCE NORTH 00 DEGREES 39 MINUTES 25 SECONDS WEST ALONG SAID EAST
LINE , 431 . 95 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 17 ; THENCE NORTH 88 !
DEGREES 19 MINUTES 03 SECONDS EAST ALONG THE SOUTH LINE OF SAID SECTION 17 ,
151 . 80 FEET ; THENCE NORTH 08 DEGREES 18 MINUTES 27 SECONDS EAST ALONG A LINE THAT
INTERSECTS THE NORTH LINE OF THE SOUTHWEST 1 / 4 OF THE SOUTHWEST 1 / 4 OF SAID
SECTION 17 , 363 . 0 FEET EASTERLY OF THE NORTHWEST CORNER OF SAID QUARTER , ( SAID
LINE HEREINAFTER REFERRED TO AS LINE " A " ) A DISTANCE OF 705 . 21 FEET TO A POINT ON
THE SOUTH RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN AND SANTA - FE RAILROAD ;
THENCE NORTH 73 DEGREES 57 MINUTES 17 SECONDS EAST ALONG SAID SOUTH RIGHT OF WAY
LINE , 4 , 173 . 11 FEET TO THE NORTHERLY EXTENSION OF ' SAID WESTERLY LINE OF " RICHARDS
BLACKBERRY ESTATES " ; THENCE SOUTH 29 DEGREES 38 MINUTES 00 SECONDS EAST ALONG
SAID WESTERLY LINE EXTENDED , 854 . 40 FEET TO THE POINT OF BEGINNING AND ALSO THAT
PART OF THE SOUTHWEST 1 / 4 OF THE SOUTHWEST 1 / 4 OF SAID SECTION 17 LYING NORTHERLY
OF THE NORTHERLY LINE OF SAID BURLINGTON , NORTHERN AND SANTA - FE RAILROAD RIGHT OF
WAY AND EASTERLY OF LINE " A " , EXTENDED NORTHERLY , AFORESAID ALL IN THE TOWNSHIP
OF BRISTOL , KENDALL COUNTY , ILLINOIS .
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Filed for Record in
KENDALL COUNTY , ILLINOIS
PAUL ANDERSON
10-01 -2003 At 02 n O3 PM .
ANNEXATION 468 ()()
STATE OF ILLINOIS ) 8/8/03
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COUNTY OF KENDALL )
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ANNEXATION AGREEMENT OF GAIL C. FIS R GARY L. CONOVER
DIANE J. CONOVER, JOHN E. LIES, D LORES C. LIES
AND KIMBALL HILL HOMES Dc:. 4
This Annexation Agreement (hereinafter "Agreement"), is made and entered into this
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day o v ST , 2003 , by and between the UNITED CITY OF YORKVILLE, a
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municipal corporation, hereinafter referred to as "CITY", the owners of record GAIL C.
FISHER, GARY L. CONOVER, DIANE J. CONOVER, JOHN E. LIES AND DOLORES
C. LIES, herein collectively referred to as "RECORD OWNER" or "OWNER", and KIMBALL
HILL HOMES, herein referred to as "DEVELOPER".
WITNESSETH
WHEREAS , OWNER owns fee simple title to the real property which is legally i
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described in Exhibit "A" attached hereto, consisting of approximately 300 acres, more or less
(hereinafter "PROPERTY") ; and
WHEREAS , it is the desire of OWNER/DEVELOPER to provide for the annexation of
the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the
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terms of this Agreement and the Ordinances of the CITY; and to provide that when said
PROPERTY is annexed zoning will be granted at that time as an R-2 Single Family Residence
District; and
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WHEREAS , it is the desire of the CITY to annex the PROPERTY and facilitate its
development pursuant to the terms and conditions of this Agreement and the Ordinances of the
CITY; and
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WHEREAS, OWNER/DEVELOPER and CITY has or will perform and execute all acts
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required by law to effectuate such annexation; and
WHEREAS , it is the intent of OWNER/DEVELOPER to design a stormwater
management system for the PROPERTY that is in conformance with City Ordinances ; and
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WHEREAS , all notices required by law relating to the annexation of the PROPERTY to
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the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable
provisions of the Illinois Compiled Statutes ; and
WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public
hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as
required by the provisions of the Illinois Compiled Statues; and
WHEREAS , the Corporate Authorities, and the Plan Commission of the CITY have duly
held all public hearings relating to annexation and zoning all as required by the provisions of the
CITY ' S Ordinances and Illinois Compiled Statutes; and
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WHEREAS , the OWNER/DEVELOPER and CITY agree that upon Annexation to the
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CITY the PROPERTY shall be placed in a R-2 Single Family Residence District as set forth in j
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the Annexation Plat attached hereto and incorporated herein by reference as Exhibit `B "; and
WHEREAS , in reliance upon the development of the PROPERTY in the manner
proposed, OWNER/DEVELOPER and the CITY have agreed to execute all petitions and other
documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and
WHEREAS , in accordance with the powers granted to the CITY by the provisions of 65
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ILCS 5/ 11 - 15 , 1 - 1 through 15 . 1 -5 (2002), inclusive, relating to Annexation Agreements, the
parties hereto wish to enter into a binding agreement with respect to the future annexation and
zoning of the PROPERTY and to provide for various other matters related directly or indirectly
to the annexation of the PROPERTY in the future, as authorized by, the provisions of said
statutes; and
WHEREAS , pursuant to due notice and publication in the manner provided by law, the
appropriate zoning authorities of the CITY have had such public hearing and have taken all
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further action required by the provisions of 65 ILCS 5/ 11 - 15 - 1 .3 (2002) and the ordinances of
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the CITY relating to the procedure for the authorization, approval and execution of this
Annexation Agreement by the CITY.
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NOW, THEREFORE, in consideration of the mutual covenants, agreements and
conditions herein contained, and by authority of and in accordance with the aforesaid statutes of
the State of Illinois, the parties agree as follows :
1 . ANNEXATION.
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OWNER has or will file with the Clerk of the CITY a duly and properly executed petition
pursuant to, and in accordance with the provisions of 65 ILCS 5/7- 1 - 1 et seq . (2002) to annex the
PROPERTY and any adjacent roadways not previously annexed to the City of Yorkville. CITY
agrees to adopt any necessary ordinances to annex said PROPERTY as soon as reasonably
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practical.
2 . ZONING.
A. Contemporaneously with the Annexation of the PROPERTY, the CITY shall
adopt an Ordinance amending the provisions of the United City of Yorkville Zoning
Ordinance so as to provide that the PROPERTY shall be classified and shall zone the
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parcel R-2 Single Family Residence District.
B . Contemporaneously with the Annexation of the PROPERTY, the CITY
shall, if necessary, amend its Comprehensive Plan to provide for the uses on the
PROPERTY that are reflected in this Agreement.
C . The CITY and OWNER/DEVELOPER agree that the PROPERTY shall
be developed in substantial compliance with the ordinances of the CITY in effect j
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at the time of passage of this agreement by the City Council of the UNITED
CITY OF YORKVILLE, and from time to time amended as, the same shall be
applied to the property as duly passed by the UNITED CITY OF YORKVILLE .
D . Concept Plan. The CITY hereby approves the Concept Plan attached
hereto as Exhibit C, prepared by Jen Land Design dated 3/25/03 .
3 , ANNEXATION TO SANITARY DISTRICT
A. OWNER/DEVELOPER agrees to file the necessary petitions and
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agreements to request annexation and sanitary sewer service for the PROPERTY
from the Yorkville Bristol Sanitary District,
B . OWNER/DEVELOPER shall cause the PROPERTY, to be annexed to the
Yorkville-Bristol Sanitary District ("Yorkville Bristol ' or "YBSD") for the purpose of
extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville-
Bristol. The installation of sanitary sewer lines to service the PROPERTY and the
connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol
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shall be carried out in substantial compliance with the Final Engineering as approved by
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the CITY for each Phase of Development. The CITY shall frilly cooperate with OWNER
and DEVELOPER in obtaining such permits as may be required from time to time by
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both federal and state law, including, without limitation, the Illinois Environmental
Protection Act, permitting the construction and connection of the sanitary sewer lines to
the Yorkville-Bristol facilities, in order to facilitate the development and use of each
Phase of Development of the PROPERTY. The sanitary sewer mains constructed by
DEVELOPER for each Phase of Development which are eighteen( 18) inches or more in
diameter ("Large Lines") shall be conveyed to Yorkville-Bristol and Yorkville-Bristol
shall take ownership of and, at its expense, be responsible for the ongoing care,
maintenance, replacement and renewal of said Large Lines, and the sanitary sewer lines
which are less than eighteen inches in diameter ("Small Lines") shall be conveyed to the
CITY and the CITY shall take ownership of and, at its expense, be responsible for the
ongoing care, maintenance, replacement and renewal of said Small Lines following the
CITY' s acceptance thereof, which acceptance shall not be unreasonably denied or
delayed . CITY agrees to allow connection of the PROPERTY to the sanitary sewer lines
adjacent to the PROPERTY until such time as the proposed Rob Roy Creek Interceptor is
available at the property line of the PROPERTY. The DEVELOPER agrees to cooperate
with the City regarding the Rob Roy Creek Sanitary Sewer Interceptor project.
4 . WATER,
The CITY shall provide adequate potable water in sufficient quantities and pressure to
serve the needs of the PROPERTY.
5 , DONATIONS AND CONTRIBUTIONS.
A. The DEVELOPER shall pay Three Thousand Dollars ($3 , 000 . 00) as School
Transition fees per residential dwelling unit in said PROPERTY as voluntarily agreed to
by DEVELOPER to the Yorkville Community School District # 115 ; City Development
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fees of Two Thousand One Hundred Dollars ($2, 100 . 00) per residential dwelling unit
shall be paid by DEVELOPER at the time of building permit issuance; the Municipal
Building Fee of One Hundred Fifty dollars ($ 150 . 00) per unit payable at final plat
recording for the first neighborhood and the balance for Neighborhoods 2 and 3 on or
before March 31 , 2004, as well as other published fees to the CITY in conformance with
City Ordinances or as modified herein, including but not limited to City Reimbursement
of Consultants and of Review Fee Ordinances, Municipal Building Fees, City Land-Cash
Ordinance, and other such fees to the CITY in conformance with the City Ordinances or
as modified from time to time herein. Said Transition, Development, and other fees shall
be paid per single-family residence concurrent with and prior to the issuance of each
respective single-family building permit. Said fees are being paid voluntarily and with
the consent of DEVELOPER based upon this contractual agreement voluntarily entered
into between the parties after negotiation of this Agreement. DEVELOPER knowingly
waives any claim or objection as to amount of the specific fees negotiated herein
voluntarily.
B . DEVELOPER shall pay all school and park land-cash fees or provide land
dedication as required under existing City Ordinances at the election of the CITY.
1 . DEVELOPER agrees to dedicate a Park Site at the location and acreage
amount as shown on the Concept Plan attached hereto and incorporated
herein by reference as "Exhibit C" .
2 . CITY agrees to accept ownership of and to forever maintain the proposed
trail system within the PROPERTY.
3 . In order to provide for the maintenance of the Subdivision signage,
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common areas and open space, in the event the Homeowner' s Association
fails to so maintain, OWNER agrees to execute a consent to the creation of
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a dormant Special Service Area prior to execution of the First Final Plat of
Subdivision by the CITY; and the CITY shall have approved ordinances
encumbering all residential units of said subdivision, as to common
subdivision signage, storm water management or other common areas of
the subdivision.
4 . The Yorkville Community School District # 115 has indicated to
DEVELOPER that it seeks satisfaction of Land/Cash Contribution by a
land donation as set out in the Letter attached hereto and incorporated
herein by reference as "Exhibit D" .
5 . Any contributions for Land/Cash for Schools and/or Parks not satisfied by
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land donations shall be made up with cash contributions for the difference
in value or in kind improvements within the parks and/or construction of j
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bicycle paths.
Co In the event the CITY requires DEVELOPER to oversize water mains, sanitary
sewer mains, storm sewer lines, or other improvements such as roads that benefit other
properties, the parties shall enter into a written agreement specifically providing that said
costs shall be reimbursed by the CITY, or be the subject of a Recapture Agreement and
Recapture Ordinance in favor of DEVELOPER before DEVELOPER is required to
perform any oversizing or additional road improvements .
D . Upon annexation, police protection; 911 service, and library service will be
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provided by the City at no charge to the Developer.
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E. The DEVELOPER shall pay a Fire District Fee of Three Hundred Dollars
($300 . 00) per home . One half of said fee ($ 150 . 00) per unit shall be due and payable for
the first phase of the development in a lump sum at the time of final plat recording. The
balance owed for the entire property shall be paid on or before March 31 , 2004 .
6 , SECURITY INSTRUMENTS .
DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable
letters of credit or surety bonds ("Security Instruments") on the standard forms of the City, to
guarantee completion and maintenance of the public improvements to be constructed as a part of
the development of each Phase of Development as are required by applicable ordinances of the
CITY. The DEVELOPER shall have the sole discretion 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 a pp rove a reduction or
reductions in the Security Instruments by an amount not in excess of eighty five (85 %) of the
value certified by the City Engineer of the completed work, so long as the balance remaining of
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the completed work, so long as the balance remaining in the Security Instruments is at least equal
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to one hundred ten percent ( 110%) of the cost to complete the remaining public improvements
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for the applicable Phase of Development.
Security for construction of perimeter roadways and onsite improvements may be
dedicated, constructed, and/or bonded as independent Phases of Development at the sole
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discretion of the DEVELOPER.
7 , PROCEDURE FOR ACCEPTANCE OF PUBLIC IMPROVEMENTS
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The public improvements constructed as a part of the development of each phase of
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development shall be accepted by the CITY pursuant to the provisions of the Subdivision
Ordinance . The City shall exercise good faith and due diligence in accepting said public
improvements following DEVELOPER' S completion thereof for each phase of development in
compliance with the requirements of said ordinance; and the City Engineer shall make his
recommendation to the City Council not later than thirty (30) days from the date of
DEVELOPER' S request for approval of any public improvements .
8 . OVERSIZING .
In the event DEVELOPER is required to oversize and/or deepen any water, storm sewer
or City sanitary sewer lines to accommodate other properties, CITY agrees to require anyone
connecting to said lines to pay the CITY who then shall reimburse DEVELOPER within 30 days
of any other parcel of real property connecting to said improvements, for DEVELOPER' S costs
of oversizing said lines including costs for deepening said lines and any engineering fees, and
other costs associated therewith. In the event DEVELOPER seeks said reimbursement, the
parties agree separately that the Recapture Agreement shall be executed pursuant to and in
compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture
with the requisite Public Hearing being held and requisite recapture ordinance being approved by
the City Council contingent on the percentage of the benefit to the DEVELOPER and including
the service area effected.
In the event any said oversizing is required, the CITY and DEVELOPER agree to
prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and
approving the same within a reasonable amount of time after those costs are ascertained.
DEVELOPER agrees to hold the CITY harmless and indemnify the CITY from any
liability as a result of any recapture imposed.
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9 . AMENDMENTS TO ORDINANCES
All ordinances, regulations, and codes of the CITY, including without limitation those
pertaining to subdivision controls, zoning, storm water management, drainage, and building code
requirements, (so long as they do not affect the City' s International Standards Organization
(ISO) insurance rating), and related restrictions, as they presently exist, except as amended,
varied, or modified by the terms of this Agreement, shall apply to the PROPERTY and its
development if universally applied to all property in the CITY, shall also apply to the
PROPERTY for a period of five (5) years from the date of this Agreement, otherwise such
ordinances, regulations and codes shall apply to the PROPERTY after a period of seven (7) 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
PROPERTY except upon the written consent of DEVELOPER during said seven (7) year
period. Any Agreements, repeal, or additional regulations which are subsequently enacted by the
CITY shall not be applied to the development of the PROPERTY except upon the written
consent of DEVELOPER during said seven (7) year period. After said seven (7) year period, the
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 seven (7) 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 on the Concept Plan for the
PROPERTY, alter or eliminate any of the ordinance variations, modifications or departures
provided for herein, nor result in any subdivided lot or structure constructed within the
PROPERTY being classified as non-conforming under any ordinance of the CITY. The
foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or
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enact any ordinance or regulation and to apply the same to the PROPERTY pursuant to the
express and specific mandate of any superior governmental authority, and applicable generally
within the CITY and not specifically to the PROPERTY, such ordinance or regulation shall
apply to the PROPERTY and be complied with by DEVELOPER, provided, however, that any
so-called "Grandfather" provision contained in such superior governmental mandate which
would serve to exempt or delay implementation against the PROPERTY shall be given full force
and effect. Furthermore, provided that the amended regulation is applicable and enforced
generally and uniformly in the CITY. Nothing herein shall be construed as to prevent OWNER
or DEVELOPER from contesting or challenging any such mandate of any superior governmental
authority in any way legally possible, including, without limitation, by challenging such mandate
on its face or as applied to the PROPERTY in any administrative or judicial forum having
jurisdiction at DEVELOPER' s sole cost.
Notwithstanding any of the terms or provisions of this Agreement, however, no change,
modification or enactment of any ordinance, code or regulation so long as they do not affect the
CITY ' S ISO insurance rating, shall be applied during said seven (7) year period so as to : (i)
affect the zoning classification of the PROPERTY or any Parcel or Phase thereof, (ii) affect the
CITY ' s Bulk Regulations, including, but not limited to, setback, yard height, FAR and frontage
requirements ; (iii) affect the uses permitted under the Zoning Ordinances of the CITY specified
in this Agreement; (iv) interpret any CITY ordinance in a way so as to prevent DEVELOPER or
its assigns from developing the PROPERTY or any Parcel or Phase thereof in accordance with
this Agreement and the exhibits attached hereto . Except as modified by the previous sentence
and the provisions hereof or other terms and provisions of this Agreement, OWNER, shall
comply in all respects with the conditions and requirements of all ordinances of the CITY,
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applicable to the PROPERTY and all property similarly situated and zoned within the CITY as
such ordinances may exist from time to time subsequent to the annexation to the CITY,
provided, however, notwithstanding any other provision of this Agreement, if there are
ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their
application to similarly situated and zoned lands, then DEVELOPER, at its election, shall be
entitled to application of such less restrictive ordinances, regulations and/or codes to the
PROPERTY and any parcel or phase thereof.
DEVELOPER and all successor developers of the PROPERTY or any parcel or phase
thereof shall be entitled to take advantage immediately of any subsequently adopted amendments
to the CITY ' S ordinances, regulations, resolutions and/or codes that establish provisions that are
less restrictive than the provisions of the CITY ' S current codes in effect as of the effective date
of this Agreement so long as such less restrictive provisions do not frustrate the purpose of this
Agreement or the intent of the parties relative to the development of the PROPERTY or any
parcel or phase thereof. In the event of any conflict between the provisions of this Agreement
(including the exhibits hereto), and the ordinances, codes, regulations and resolutions of the
CITY, the provisions of this Agreement (and the exhibits hereto) shall control over the
provisions of any ordinances, codes, regulations and resolutions of the CITY.
10, RECAPTURE
DEVELOPER understands and agrees that it is liable to the CITY for water and sanitary
sewer previously installed by the CITY that serves the PROPERTY. DEVELOPER shall pay
$ 525 . 00 per each building permit to fully reimburse the CITY. In the event that any lots within
the PROPERTY are served by the proposed Rob Roy Creek sanitary sewer a credit for said lots
shall be given to the DEVELOPER.
59844/5 12
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11 . FEES AND CHARGES .
During the first four (4) years following the date of the Agreement, the CITY shall
impose upon and collect from DEVELOPER, and their respective contractors and suppliers,
only those permit, license, tap on and connection fees and charges, and in such amount or at such
rate, as are in effect on the date of this Agreement and as is generally applied throughout the
CITY, except as otherwise expressly provided for in this Agreement on the Fee Schedule
attached hereto and made a part hereof as Exhibit "F". At the expiration of this four year term,
the CITY shall give the OWNERS and/or DEVELOPER a one ( 1 ) year grace period from the
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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 .
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12 . CONTRIBUTIONS .
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The CITY shall not require the OWNERS and DEVELOPER to donate any land or i
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money to the CITY or any other governmental body, except as otherwise expressly provided in
this Agreement, except the Forest Preserve District. The CITY agrees to accept title to the
floodplain adjacent to Rob Roy Creek if and when offered by the DEVELOPER.
13 . PROJECT SIGNS
Following the date of this Agreement and through the date of the issuance of the final
occupancy permit for the PROPERTY, DEVELOPER shall be entitled to construct, maintain
and utilize offsite subdivision identification, marketing and location signs at such locations
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within the corporate limits of the CITY as DEVELOPER may designate (individually an
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"Offsite Sign" and collectively the " Offsite Signs") subject to sign permit review and issuance by
the CITY. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all
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necessary and appropriate legal rights for the construction and use of each of the Offsite Signs . j
59844/5 13
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Each Offsite sign may be illuminated subject to approval by the CITY. In addition to the Offsite
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Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the
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PROPERTY as identified in Exhibit "G" attached hereto .
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14 , MODEL HOMES, PRODUCTION UNITS , SALES TRAILERS.
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During the development and build out period of the PROPERTY (subsequent to final plat
approval), DEVELOPER, and such other persons or entities as DEVELOPER may authorize,
may construct, operate and maintain model homes and sales trailers within the PROPERTY
staffed with DEVELOPER' s, or such other person' s or entity' s, sales and construction staff, and
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may be utilized for sales and construction offices for the PROPERTY. The number of such j
model homes and sales trailers and the locations thereof shall be as from time to time determined
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or authorized by the DEVELOPER,
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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 three (3 ) 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
neighborhood, 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
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vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol-
59844/5 14
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Kendall Fire Protection District) . A final inspection shall be conducted prior to the use of a
model home and water shall be made available within 300 ' of 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 .
DEVELOPER may locate temporary sales and construction trailers upon the PROPERTY
during the development and build out of said property, provided any such sales trailer shall be
removed within one ( 1 ) week following issuance of the last occupancy permit for the
PROPERTY. 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 DEVELOPER shall submit an exhibit of
the sales 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
expenses incurred by or brought against all or any of the Indemnities as a direct and proximate
result of the construction 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.
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 phase .
15 . CONTRACTORS TRAILERS .
The CITY agrees that from and after the date of execution of this Agreement,
59844/5 15
contractor ' s and subcontractor' s supply storage trailers may be placed upon such part or parts of
the PROPERTY as required and approved by the DEVELOPER for development purposes . Said
trailers may remain upon the PROPERTY until the issuance of the last final occupancy permit
for the PROPERTY. 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-way.
16 . ONSITE EASEMENTS AND IMPROVEMENTS.
In the event that during the development of the PROPERTY, DEVELOPER determines
that any existing utility easements and/or underground lines require relocation to facilitate the
completion of Developer' s obligation for the PROPERTY in accordance with the Concept Plan,
the CITY shall fully cooperate with the DEVELOPER in causing the vacation and relocation of
such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall
be borne by the DEVELOPER. If any easement granted to the CITY as a part of the
development of the PROPERTY is subsequently determined to be in error or located in a
manner inconsistent with the intended development of the PROPERTY as reflected on the
Concept Plan and in this Agreement, the CITY shall fully cooperate with the DEVELOPER in
vacating and relocating such easement and utility facilities located therein, which costs shall be
borne by the DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any
vacation of easement, the DEVELOPER shall pay for the cost of design and relocation of any
such easement and the public utilities located therein 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 DEVELOPER, the CITY agrees to be the lead agency in
59844/5 16
the relocation of those utilities . Upon the DEVELOPER' s request, the CITY will make the
request to have overhead utilities relocated and will make the relocation of such utilities a CITY
run project. In the event there is a cost to the DEVELOPER associated with burying what had
been overhead utility lines, the DEVELOPER shall have the right to make the determination as
to whether the utility lines will be buried or re-located overhead.
In the event that the CITY decides not to extend Faxon Road to Route 47, the CITY
agrees to vacate at no charge to the DEVELOPER, any dedicated street stub right-of-way for
said Faxon Road extension.
The CITY hereby grants any necessary variances to the CITY subdivision and/or
Improvement ordinances as they relate to street block lengths in order to conform with the
proposed preliminary plat.
The CITY agrees to allow up to six feet (6 ' ) of bounce in any stormwater management
facility.
In the event that the CITY determines that a bike path adjacent to and parallel with Rob
Roy Creek on the PROPERTY is not necessary, the money proposed to be allocated for said bike
path and credited against Park fee donations under the land/cash ordinance, may instead be used
by the CITY to construct a bicycle/pedestrian bridge over Rob Roy Creek.
17 , MASS GRADING .
Pursuant to the existing CITY ordinance on the date of execution of this Agreement, the
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CITY agrees to allow the DEVELOPER to begin mass earthwork before final plat approval, but
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only after review and approval of the final engineering grading plan for the PROPERTY.
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DEVELOPER agrees to post any necessary bond for said work with the CITY prior to
commencement of operations .
59844/5 17
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18 . BINDING EFFECT AND TERM,
This Annexation Agreement shall be binding upon and inure to the benefit of the parties
hereto, their successors and assigns including, but not limited to, successor owners of record,
successor developers, lessees and successor lessees, and upon any successor municipal authority
of the CITY and successor municipalities for a period of twenty (20) years from the later of the
date of execution hereof and the date of adoption of the ordinances pursuant hereto .
19 . NOTICES AND REMEDIES .
Nothing contained herein shall require the original named OWNERS in this Agreement
to undertake any of the development obligations in this Agreement; those obligations being the
responsibility of the DEVELOPER of the PROPERTY and/or future OWNER/ DEVELOPER of
the PROPERTY.
Upon a breach of this Agreement, any of the parties in any court of competent
jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available
at law or equity.
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Before any failure of any party of this Agreement to perform its obligations under this
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Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure
shall notify in writing, by certified mail/return receipt requested, the party alleged to have failed
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to perform, state the obligation allegedly not performed and the performance demanded.
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Notice shall be provided at the following addresses :
CITY: UNITED CITY OF YORKVILLE
800 Game Farm Road
Yorkville, IL 60560
Attn: Mayor
59844/5 18
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Copy to : CITY Attorney :
Daniel J . Kramer
1107A S . Bridge St.
Yorkville, IL 60560
DEVELOPER Kimball Hill Homes
5999 New Wilke Road, Building 5
Rolling Meadows, IL 60008
DEVELOPER' S : John F. Philipchuck, attorney
Dommermuth, Brestal, Cobine & West, Ltd.
111 W. Downer Place
Aurora, IL 60504
RECORD OWNERS : GAIL C . FISHER
GARY L. CONOVER
DIANE J. CONOVER
JOHN E. LIES
DOLORES C . LIES
E PO4
20. AGREEMENT TO PREVAIL OVER ORDINANCES.
In the event of any conflict between this Agreement and any ordinances of the CITY in
force at the time of execution of this agreement or enacted during the pendency of this
agreement, the provision of this Agreement shall prevail to the extent of any such conflict or
inconsistency.
21 . PARTIAL INVALIDITY OF AGREEMENT .
If any provision of this Agreement (except those provisions relating to the requested
rezoning of the PROPERTY identified herein and the ordinances adopted in connection
herewith), or its application to any person, entity, or property is held invalid, such provision shall
be deemed to be excised herefrom and the invalidity thereof shall not affect the application or
validity of any, other terms, conditions and provisions of this Agreement and, to that end, any
terms, conditions and provisions of this Agreement are declared to be severable .
59844/5 19
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If, for any reason during the term of this Agreement, any approval or permission granted
hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees
to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating
the zoning, variations and plat approvals proposed herein.
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22 . 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 f
contained herein, including the spec ific erformance of this Agreement. This Agreement
shall be governed by the laws of the State of Illinois .
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B . Successors and Assigns. This Agreement shall inure to the benefit of and be
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binding upon the OWNERS , DEVELOPER and their successors in title and interest, and
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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 CITY. The foregoing to the contrary
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notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder
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shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot
improved with a dwelling unit who acquires the same for residential occupation, unless
otherwise expressly agreed in writing by such purchaser.
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C . This Agreement contains all the terms and conditions agreed upon by the parties
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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
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59844/5 20
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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
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represent terms and conditions that are deemed by the parties to be fair, reasonable,
acceptable and contractually binding upon each of them.
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D . Severability. 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 Agreement shall be deemed to be excised
from this Agreement and the invalidity thereof shall not effect such portion or portions of
this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall
take all action necessary or required to fulfill the intent of this Agreement as to the use
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and development of the PROPERTY.
E . 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 PROPERTY
as to provisions applying exclusively thereto, without the consent of the owner of other
portions of the PROPERTY not affected by such Agreement.
F . Conveyances . 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 PROPERTY, whether improved or unimproved.
G . Necessary Ordinances and Resolutions . The CITY shall pass all ordinances and
59844/5 21
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resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or
assigns, to develop the PROPERTY in accordance with the provisions of this Agreement,
provided said ordinances or resolutions are not contrary to law. The CITY agrees to
authorize the Mayor and City Clerk to execute this Agreement or to correct any technical
defects which may arise after the execution of this Agreement.
H. Term of Agreement. The term of this Agreement shall be twenty (20) years . In
the event construction is commenced within said twenty-year period all of the terms of
this Agreement shall remain enforceable despite said time limitation, unless modified by
written agreement of the CITY and DEVELOPER/OWNERS .
I . 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.
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J . Recording. This Agreement shall be recorded in the Office of the Recorder of
Deeds, Kendall County, Illinois, at OWNERS and DEVELOPER' s expense .
K. Recitals and Exhibits . The recitals set forth at the beginning of this Agreement,
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and the exhibits attached hereto, are incorporated herein by this reference and shall
constitute substantive provisions of this Agreement.
L . 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. j
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M. 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 .
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59844/5 22
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N. 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
PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to,
county, state or federal regulatory bodies.
23. USE OF PROPERTY FOR FARMING/ZONING.
Any portion of the PROPERTY, which is not conveyed or under development as
provided herein, may be used for farming purposes,regardless of the underlying zoning.
IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day
and year first above written.
CITY: ..
THE UNITED CITY OF YORKVILLE ' e `{ �; '.^•.
By: fe
r
MAYOR �-
A4 a
Attes
OITY y,14`
RECORD OWNERS:
GAIL C. FISHER
GARY . CONOVE DIANE J. COPOVER
,TOJHN E. LIES DOLORES C. LIES
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59844/5 23
DEVELOP
KIMBAL L O E
By:
Attest:
Prepared by and Return-to :
John F. Philipchuck, Esq.
Dommermuth, Brestal, Cobine & West, Ltd
111 West Downer Place, Suite 300
Aurora, IL 60506
59844/5 24
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EXHIBIT LIST
Exhibit A - Real property description
Exhibit B - Annexation Plat
Exhibit C - Concept Plan
Exhibit D - Yorkville Community School District # 115 Letter
Exhibit E - Yorkville Building Code
Exhibit F - Fee Schedule
Exhibit G - Signs
59844/5 25
Exhibit A
Legal Description
THAT PART OF SECTION 17 AND PART OF THE NORTHEAST 1 / 4 OF SECTION 20 TOWNSHIP 37
NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS :
COMMENCING AT THE NORTHWEST CORNER OF " RICHARD ' S BLACKBERRY ESTATES " ; THENCE
NORTH 29 DEGREES 48 MINiTTES WEST ALONG THE WESTERLY LINE OF SAID SUBDIVISION
EXTENDED , 2116 . 46 FEET FOR A POINT OF BEGINNING ; THENCE NORTH 29 DEGREES 48
MINUTES WEST ALONG SAID WESTERLY LINE EXTENDED , 854 . 17 FEET TO THE SOUTHERLY LINE
OF THE BURLINGTON NORTHERN , INC . RAILROAD RIGHT - OF - WAY ; THENCE SOUTH 73 DEGREES
47 MINUTES WEST ALONG SAID SOUTHERLY LINE , 41173 . 70 FEET TO A LINE DRAWN FROM A POINT
ON THE NORTH LINE OF THE SOUTHWEST 1 / 4 OF THE SOUTHWEST 1 / 4 OF SAID
IS 363 FEET EAST OF SECTION 17 WHICH
THE NORTHWEST CORNER OF THE SOUTHWEST 1 / 4 OF THE SOUTHWEST 1 / 4
OF SAID SECTION 17 TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST 1 / 4 OF THE
SOUTHWEST 1 / 4 OF SAID SECTION 17 WHICH IS 151 . 80 FEET EAST OF THE SOUTHWEST CORNER
OF SAID SECTION 17 ( THIS LINE HEREINAFTER REFERRED TO AS LINE " A " ) ; THENCE SOUTH 8
DEGREES 8 MINUTES 39 SECONDS WEST ALONG SAID LINE " A " , 706 . 23 FEET TO THE SOUTH LINE
OF THE SOUTHWEST 1 / 4 OF SAID SECTION 17 ; THENCE NORTH 88 DEGREES 7 MINUTES 53
SECONDS EAST ALONG SAID SOUTH LINE 21496 . 26 FEET TO THE SOUTHEAST CORNER OF THE
SOUTHWEST 1 / 4 OF SAID SECTION 17 ; THENCE SOUTH 0 DEGREES 49 MINUTES 22 SECONDS EAST
ALONG THE WEST LINE OF THE NORTHEAST 1 / 4 OF SAID SECTION 20 , 289 . 08 FEET ; THENCE
SOUTH 75 DEGREES 58 MINUTES 30 SECONDS EAST , 2 , 389 . 96 FEET TO THE NORTHEASTERLY LINE
OF " BLACKBERRY " SUBDIVISION EXTENDED NORTHWESTERLY ; THENCE SOUTH 39 DEGREES 25
MINUTES 6 SECONDS EAST ALONG -SAID NORTHEASTERLY LINE EXTENDED AND SAID NORTHEASTERLY
LINE 27 . 82 FEET TO THE NORTHERLY LINE OF " RICHARD ' S BLACKBERRY ESTATES " EXTENDED
FROM THE EAST ; THENCE NORTH 82 DEGREES 45 MINUTES EAST ALONG SAID NORTHERLY LINE
EXTENDED , 15 . 19 FEET TO A POINT WHICH IS 739 . 38 FEET SOUTH 82 DEGREES 45 MINUTES
WEST FROM THE NORTHWEST CORNER OF SAID SUBDIVISION ; THENCE NORTH 7 DEGREES 15
MINUTES WEST 44 . 06 FEET ; THENCE NORTH 75 DEGREES 58 MINUTES 30 SECONDS WEST , 77 . 55
FEET TO A LINE DRAWN SOUTH 7 DEGREES 15 MINUTES EAST FORM THE POINT OF BEGINNING ;
THENCE NORTH 7 DEGREES 15 MINUTES WEST , 1 , 882 . 46 FEET TO THE POINT OF BEGINNING AND
ALSO THAT PART OF THE SOUTHWEST 1 / 4 OF THE SOUTHWEST 1 / 4 OF SAID SECTION 17 LYING
NORTHERLY OF THE NORTHERLY LINE OF THE BURLINGTON NORTHERN , INC . , RAILROAD RIGHT OF
WAY AND EASTERLY OF LINE " A " AFORESAID IN BRISTOL TOWNSHIP , KENDALL COUNTY , ILLINOIS
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THAT PART OF SECTIONS 17 , 19 , AND 20 , TOWNSHIP 37 NORTH , RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT THE NORTHWEST CORNER OF
" RICHARD ' S BLACKBERRY ESTATES " ; THENCE NORTH 29 DEGREES 38 MINUTES WEST ALONG THE
WESTERLY LINE OF SAID SUBDIVISION EXTENDED , 2116 . 46 FEET FOR A POINT OF
BEGINNING ; THENCE SOUTH 07 DEGREES 05 MINUTES 04 SECONDS EAST , 1360 . 62 FEET ;
THENCE SOUTH 82 DEGREES 54 MINUTES 56 SECONDS WEST 300 . 00 FEET ; THENCE SOUTH 07
DEGREES OS MINUTES 04 SECONDS EAST , 820 . 04 FEET TO A POINT IN THE CENTER LINE OF
CONNONBALL TRAIL , SAID POINT ALSO BEING ON THE NORTHWESTERLY LINE OF
" BLACKBERRY " ; THENCE SOUTH 47 DEGREES 00 MINUTES 39 SECONDS WEST ALONG SAID
CENTER LINE AND SAID NORTHWESTERLY LINE , 967 . 96 FEET TO A POINT OF BEND IN SAID
CENTER LINE ; THENCE SOUTH 4C- DEGREES 27 MINUTES 04 SECONDS WEST ALONG SAID CENTER
LINE , 253 . 00 FEET TO THE SOUTHWEST CORNER OF SAID " BLACKBERRY " AND SAID POINT
ALSO BEING THE CENTER LINE INTERSECTION OF FAXON ROAD ; THENCE NORTH 80 DEGREES 34
MINUTES 11 SECONDS WEST ALONG SAID CENTER LINE OF FAXON ROAD , 1928 . 25 FEET TO A
POINT OF BEND ; THENCE NORTH 80 DEGREES 27 MINUTES 23 SECONDS WEST ALONG SAID
CENTER LINE , 1101 . 98 FEET TO A POINT OF BEND ; THENCE NORT 80 DEGREES 15 MINUTES
53 SECONDS WEST ALONG SAID CENTER LINE , 765 . 82 FEET TO A POINT OF BEND IN SAID
CENTER LINE ; THENCE NORTH 79 DEGREES 19 MINUTES 23 SECONDS WEST ALONG SAID CENTER
LINE , 746 . 63 FEET TO A POINT IN THE CENTER LINE OF ROB ROY CREEK ; THENCE NORTH 10
DEGREES 54 MINUTES 13 SECONDS EAST ALONG SAID CENTER LINE , 97 . 93 FEET TO A POINT ;
THENCE NORTH 39 DEGREES 34 MINUTES 58 SECONDS EAST ALONG SAID CENTER LINE , 85 . 0
FEET TO A POINT ; THENCE NORTH 51 DEGREES 32 MINUTES 24 SECONDS EAST ALONG SAID
CENTER LINE 288 . 73 FEET TO A POINT ; THENCE NORTH 43 DEGREES 53 MINUTES 16 SECONDS
EAST ALONG SAID CENTER LINE , 377 . 12 FEET TO A POINT ON THE EAST LINE OF SAID
SECTION 19 ; THENCE NORTH 00 DEGREES 39 MINUTES 25 SECONDS WEST ALONG SAID EAST
LINE , 431 . 95 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 17 ; THENCE NORTH 88
DEGREES 19 MINUTES 03 SECONDS EAST ALONG THE SOU'T'H LINE OF SAID SECTION 17 ,
151 . 80 FEET ; THENCE NORTH 08 DEGREES 18 MINUTES 27 SECONDS EAST ALONG A LINE THAT
INTERSECTS THE NORTH LINE OF THE SOUTHWEST 1 / 4 OF THE SOUTHWEST 1 / 4 OF SAID
SECTION 17 , 363 . 0 FEET EASTERLY OF THE NORTHWEST CORNER OF SAID QUARTER , ( SAID
LINE HEREINAFTER REFERRED TO AS LINE " A " ) A DISTANCE OF 705 . 21 FEET TO A POINT ON
THE SOUTH RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN AND SANTA - FE RAILROAD ;
THENCE NORTH 73 DEGREES 57 MINUTES 17 SECONDS EAST ALONG SAID SOUTH RIGHT OF WAY
LINE , 4 , 173 . 11 FEET TO THE NORTHERLY EXTENSION OF SAID WESTERLY LINE OF " RICHARDS
BLACKBERRY ESTATES " ; THENCE SOUTH 29 DEGREES 38 MINUTES 00 SECONDS EAST ALONG
SAID WESTERLY LINE EXTENDED . 854 . 40 FEET TO THE POINT OF BEGINNING AND ALSO THAT
PART OF THE SOUTHWEST 1 / 4 OF THE SOUTHWEST 1 / 4 OF SAID SECTION 17 LYING NORTHERLY
OF THE NORTHERLY LINE OF SAID BURLINGTON , NORTHERN AND SAN'T'A - FE RAILROAD RIGHT OF
WAY AND EASTERLY OF LINE " A " , EXTENDED NORTHERLY , AFORESAID ALL IN THE TOWNSHIP
OF BRISTOL , KENDALL COUNTY , ILLINOIS .
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Exhibit TV'
yopxvZLLE CoAvwuM77 VA7T SCHOOL DISTRICT # 115
ttP6SWVeAlA*ae&s CreateSU.CCOMS"
Administrative Scralee Center
602 Center Parkwsky, Suites A&Bt
Dr. Thomas D. Ender P.Q. Sax 579 P6, 630-5534382
Superintendent Yorkville, Minoit 60560 Vxx. 630•553,139A .
t er,,�er(g�yo rrkv ll f o.k 12.11,p r
July 16, 2003
Anna 13, Kurtzman, AICP
Development CoordiMtbr
United Qty of Yorkville
X(X) Game Farm Road
Yorkville, Illinois 60560
Re: Land/Cash Reply to Dovelopmerus
Dear Ms. Kurtzman.
Please be informed, in refemce to the following developments, Distriel. 01 I5 has detenmimd it would be
bencfieial to take a combination esf land and cash, 6pecificalIy, 15 AOM of land for a school site it each
developments vtd the remainder of the acreage owal in cash a5 so designator! under tht: currcni iancilcash
formula:
pialaer Annexation (Kimball ]Rimes): School Donation reqLli:TM�26, 950 acres - xequectOd= ) 5 ftcrcx for a
school site and the riaDaining 11 .9 dcTes in. cash at today' s dollars of$58 ,000 pcx acre.
Westbury (Ocean Atlantic) ; $4 =hool Donation required = 26, 162 acres requested = 15 acres for a
school sited and the trrttairting 1 1 . 162 acres in cash at today ' s dollars of ,15$,000 per acre,
Sincerely,
Dr, Thomas D. Fnglcr
Superinteenderd of Schools
° h 1. TheTiultioO+ ojrhd F04yuIe ciWi "w+ity Unit s('114 ! Dirmi.4 Mils
ru prgJars twch ttmAenr to u a praductfvi eiriun in Me )owU eAat ho4he
"gr gkape by proridlxg ate eduratiah thar chaRarnPer aach ind+r+d++d.
Jlt&ri thf r4uowetr 4f an rerpun+ibla wmio"wnity. "
EXHIBIT "E"
CURRENT CITY BUILDING CODES
2000 International Building Code (Ord. 2003 -01 ) with two amendments :
i . Stair height and risers (Ord . 2003 -08)
ii . Energy Code (Ord. 2003 -05)
59844/5
EXHIBIT "F"
SCHEDULE OF FEES
Fee $/Unit/Acre
Sanitary Sewer
Tap-On Fee $2,000/unit
Water
Tap-On Fee up to $2,600/unit
School
Transition Fee $ 3 ,000/unit
Cash Donation $ 58 ,000/acre
Park
Donation $ 58 ,000/acre
City Fees
Capital Improvement Fee $2 , 100/unit
Engineering Inspection & Administrative Fee 1 . 75 % of Engineering cost for
Developer' s Public Improvements
Engineering Review Paid at hourly rate to EEI
Building Permit Fee $ 650 + $ . 20/sf
Sanitary and Water Recapture $ 525/+interest/single-family homes
at time of building permit
Siren $75/acre payable at final plat
recording
In lieu of Traffic Impact Fee ; Developer improving Faxon Road
and relocating Faxon Road, within
the Property and adding a
northbound left turn bay to
Cannonball Trail at Faxon Road.
*provided, however that in the event that the current sanitary sewer study determines that a lesser
amount shall be charged, the DEVELOPER shall be required to pay any lesser amount.
Additionally the DEVELOPER shall be entitled to a credit against sewer tap-on fees in an
amount equal to the sewer recapture owed to the CITY by the PROPERTY for the Cannonball
Trail sanitary sewer.
59844/5
EXHIBIT " G"
SIGNS
All project signage is subject to review and permitting but will be in substantial conformance
with the following and shall meet any site distance and other health/safety issues .
I. Onsite Project Identification Signs :
14 Number : 2
2 . Maximum Height: 20 feet
3 . Maximum Sign Faces per sign : 2
4, Maximum Sign Face Area Per Side : 200 square feet
5 . Illumination: Permitted
6 , Minimum Setback from Property Line : 5 feet
7 . Location: As from time to time determined by Developer
II. Onsite Model Home Signs :
1 . Number : 1 sign for each model home
2 . Maximum Height : 6 feet
3 . Maximum Sign Faces Per Sign: 2
4 , Maximum Sign Face Area per Side : 32 square feet
5 . Illumination: Permitted
6 , Minimum Setback from Property Line : 5 feet
7 . Location: As from time to time determined by Developer
III. Onsite Directional and Information Signs :
1 . Number: No maximum number
2 . Maximum Height : 6 feet
3 . Maximum Sign Faces Per Sign: 2
4 , Maximum Sign Face Area Per Side : 16 square feet
5 . Illumination: Permitted
6 . Minimum Setback from Property Line : 5 feet
7 . Location : As from time to time determined by Developer
IV . Onsite Sales or Marketing Signs/Flags :
1 . Number: 8
2 , Maximum Height: 25 feet (Flags/Poles)
3 . Maximum Sign Faces Per Sign : 2
4 , Maximum Sign Face Area Per Side : 32 square feet
5 . Illumination : Permitted
6 , Location : As from time to time determined by Developer
i
V . Permanent Entry Monument Signs :
Permanent entry monument signs and treatments shall be permitted in compliance with
applicable provisions of the City Sign Ordinance or as otherwise approved by the City
Council or Building and Zoning Officer upon request by DEVELOPER.
i
59844/5