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Ordinance 2006-098 2� 0 600036304 Filed for Record in STATE OF ILLINOIS KENDALL COUNTYP ILLINOIS PAUL ANDERSON ss 11 - -137 -2006 At 01:43 am. COUNTY OF KENDALL ORDINANCE 62.00 R11SP Surcharge 10.00 ORDINANCE NO. 2006- i AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (Schramm Property) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11- 15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS, the property is presently contiguous to the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, i ILLINOIS, AS FOLLOWS; i Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its e assa p g and approval as provided by law. JAMES BOCK JOSEPH BESCO �w VALERIE BURD (y PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE U Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2006. I MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this j �)A, day of � i— , A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville j 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 Revised September 22, 2006 STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) ANNEXATION AGREEMENT OF ESTATE OF DONALD B. SCHRAMM AND THE UNITED CITY OF YORKVILLE This exation Agreement (hereinafter "Agreement "), is made and entered into thisoXO ay ofS- PT,2006, by and between the UNITED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as: "CITY" and the Estate of DONALD IL SCHRAMM, herein after referred to as "OWNER ". "DEVELOPER" shall be any person or entity that shall seek to make improvements upon the Property. WITNESSETH WHEREAS, OWNER own fee simple title to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 182.25 acres, more or less (hereinafter "PROPERTY "); and WHEREAS, it is the desire of OWNER to provide for the annexation of the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the 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; and OWNERS propose that the PROPERTY be rezoned as a Planned Unit Development as depicted on the zoning plat attached hereto and incorporated herein as Exhibit `B ", to be developed with single - family detached, townhomes, two - family, and apartment residences and a commercial area with the B -3 permitted uses as depicted on the Concept PUD Plan dated September 22, 2006 attached hereto and incorporated herein as Exhibit "C"; and 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 WHEREAS, OWNER and CITY has or will perform all acts and execute all documents required by law to effectuate such annexation; and WHEREAS, it is the intent of OWNER to utilize the regional stormwater management system located north of Galena Road and south of Galena Road for the subject PROPERTY; and WHEREAS, all notices required by law relating to the annexation of the PROPERTY to 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 1 Revised September 22, 2006 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 all as required by the provisions of the CITY's Ordinances and Illinois Compiled Statutes; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER 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 ILCS 5/11- 15.1 -1 through 15.1 -5, 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 subject 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 further action required by the provisions of 65 ILCS 5/11- 15 -1.3 and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. 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. OWNER has filed 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. to annex the PROPERTY and any adjacent roadways not previously annexed to the United City of Yorkville. 2. ZONING A. Contemporaneously with the Annexation of the subject 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 as a Planned Unit Development as depicted on the zoning plat attached hereto and incorporated herein as Exhibit `B ", to be developed with single - family detached, townhomes, two - family, and apartment residences and a commercial area with the B -3 permitted uses as depicted on the Concept PUD Plan attached hereto and incorporated herein as Exhibit "C ". 2 Revised September 22, 2006 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 agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE, for a period of five (5) years from the date of approval of the final plat. After the expiration of said five (5) year time frame, if there have been changes in Subdivision Control Ordinances or Fee Ordinances, the same shall be applied to the subject property as duly passed by the UNITED CITY OF YORKVILLE. D. The CITY shall allow the `Multi - Family /Condo' land use area depicted by the Concept PUD Plan (Exhibit "C ") be converted to `Commercial' and allow uses permitted within the B -3 zoning classification without further action or approval of City Council. E. The City has adopted the International Building Code, which is updated approximately every three years. The building codes for the CITY in effect of the date of the building permit application will govern any and all construction activity within the Subject Property. F. SPECIAL PROVISIONS for DESIGN STANDARDS: The below design standards are in addition to the required standards of the CITY regulated by the City's Appearance Code (Title 8, Chapter 15). 1. Single - Family Detached Residential Unit Design Standards: a. Masonry products* shall be incorporated on the front fagade* of 75% of the total units. b. A minimum of 75% of the front fagade* of each building shall incorporate masonry products *. A 10% reduction of the required masonry area will be given for each major architectural feature on the front facade. c. A minimum of 50% of each building elevation shall incorporate premium siding material* d. Primary structures shall be constructed upon either a basement or foundation —'slab' construction shall not be used. 2. Single - Family Attached Residential Unit Design Standards: a. Masonry products* shall be incorporated on the front facade* of 100% of the total townhome buildings. b. A minimum of 50% of the front facade* of each building shall incorporate masonry products *. 3 Revised September 22, 2006 c. A minimum of 50% of each building elevation shall incorporate premium siding material *. d. Each unit shall include two (2) enclosed parking spaces. I I 3. ANNEXATION TO SANITARY DISTRICT i OWNER agrees to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the applicable sanitary district indicated on the Facility Plan Area for the applicable sanitary district and the City agrees the cost of the Facility Plan Area is included within the annexation planning process as outlined in Section 4.I as reimbursable or deferred until final plat approval. 4. DONATIONS AND CONTRIBUTIONS A. The DEVELOPER shall pay a School Transition Fee as set out in the applicable City Ordinance at the time of execution of this Agreement as to School Transition fees per residential dwelling unit in said subdivision, to the Yorkville Community School District, City Development fees per residential dwelling unit to the United City of Yorkville, and other fees to the United City of Yorkville in conformance with the City Ordinances or as modified herein. Said Transition, development, and other fees shall be paid per residential dwelling units concurrent with and prior to the issuance of each respective subject residential building permit. Said fees are being paid voluntarily and with the consent of OWNERS and any DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. The CITY agrees that the amount of fees including, but not limited to water connection fees, sewer connection fees, development fees, capital contribution fees and school transition fees to be paid by OWNER or any DEVELOPER shall consist of the fee enacted at the time of execution of this Agreement for a period five (5) years from the approval of the final plat for the property by the United City of Yorkville. Upon the expiration of the five (5) year period OWNER and/or any DEVLOPER shall be pay the current fee as enacted by Ordinance by the United City of Yorkville. The OWNER knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. No School Transition Fees, or School -Park Land Cash Fees shall be charged on any real property zoned for business purposes under the terms of this Agreement. B. DEVELOPER shall pay all school and park land -cash fees as required under existing City Ordinances. DEVELOPER shall be subject to the requirements under existing City Ordinances for a period of five (5) years from the date of the Agreement. Thereafter, DEVELOPER will be required to pay the amount existing at that time. C. It is understood and agreed between the parties hereto that the Property and each Phase and Parcel may continue to be used and occupied (without any change or 4 Revised September 22, 2006 alteration) for the current uses of the existing OWNER of the Property and/or as are permitted in the current zoning classifications. D. THE UNITED CITY OF YORKVILLE agrees to abate Real Estate Taxes for, the City's portion of the City and Library Real Estate Taxes as to the subject parcel. The abatement will occur until the development of the property or upon a Final Plat of Subdivision being recorded for any portion of the subject real property whichever is earlier. E. Owner shall not be required by THE UNTIED CITY OF YORKVILLE to connect to the city water or Sanitary Sewer System as a result of entering into this annexation Agreement. F. In the event City water and sewer are unavailable at the time Owner desires to develop the subject property, the City will give consideration to a request for a variance from its subdivision Control Ordinance for use of private well and septic systems. In determining the applicability of such a variance for the subject parcel, the City shall consider soil types, density, intended use of the development, and proximity of the subject parcel for extension of sanitary sewer and water mains, as well as capacity of those municipal and sanitary district systems. G. Upon annexation, police protection; 911 service, and library service will be provided by the City at no charge to Owner. H. The City will not require the Owner annex to Yorkville Bristol Sanitary District or other applicable sanitary district, until platting or a building permit seeking to connect to the City sewer system is sought by Owner. 1. The UNITED CITY OF YORKVILLE will provide, through its Engineer or Planner, an initial concept plan, if so desired, to the property owner. City agrees that in consideration of Owner voluntarily entering into this Annexation Agreement, the City at its expense shall pay all of its Consultants, all publication, application, annexation and recording fees for the Annexation and Zoning of the subject property, planning, including Facility Plan amendment to the JEPA, plus other costs directly related to the annexation platting and recording of the annexation agreement and shall at City expense, prepare an Annexation Plat thereof and all necessary Ordinances. J. The CITY will cooperate with OWNER in obtaining all necessary governmental approvals including, without limitation, the approval of the Illinois Department of Transportation ( "IDOT ") access permits and right -of -way connections to the Property or any Parcel or Phase thereof. Subject to the terms of the Agreement, OWNER shall dedicate to the CITY all necessary on -site right -of -ways, and construct all on -site public right -of -way improvements for the Property and all roadways as shown on the Site Plan. The CITY will support the application of access permits for one (1) full access and one (1) right - in/right -out access request along Route 30 and one (1) full access and one (1) right - in/right -out access along Route 47. 5 Revised September 22, 2006 K. That the OWNER agrees to cooperate in the compliance with the United City of Yorkville Landscape Ordinance and specifically to allow the CITY to complete the necessary vegetation and tree survey for the PROPERTY pursuant to the aforementioned Ordinance. Furthermore, the OWNER agrees to cooperate in the incorporation of stream enhancements along the entire length of the Rob Roy Creek that promote naturalization and improved fish species habitat such as creating native wooded buffers, when the property is developed. L. Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the OWNER or DEVELOPER j shall grant permanent and temporary construction easements as necessary for the construction of extension of City utilities and appurtenances and/or other utilities to serve the subject property and other properties within the City of Yorkville. Such request for easements shall have no impact on any previously entitled land development density. OWNER and /or DEVELOPER shall be enabled to comment on the location of any said easement and CITY shall locate said easement so as to minimize the impact to any proposed development plan. M. Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the OWNER or DEVELOPER shall convey by Warranty Deed, fee simple title of future highway or road right of way to the State of Illinois, Kendall County or the United City of Yorkville as necessary, regardless of whether or not these right of way needs have been previously identified in this agreement. Such request for conveyance of right of way shall have no impact on any previously entitled land development density and the OWNER/DEVELOPER will receive compensation at fair market value for such dedications for areas greater than the requirements set forth by the Subdivision Control Ordinance for a road classification. 5. TIME IS OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence in this Agreement, and that all parties will make every reasonable effort to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 6. 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. 6 Revised September 22, 2006 7. NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNER in this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility of the DEVELOPER of the subject parcel and/or future OWNER of the subject parcel of real 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 i available at law or equity. Before any failure of any parry of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the parry claiming such failure shall notify in writing, by certified mail /return receipt requested, the parry alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 City Attorney: John Wyeth, City Attorney 800 Game Farm Road Yorkville, IL 60560 OWNER ESTATE OF DONALD E SCHRAW, llECLASP,D c/o Barbara ,5chramm, hxecutor N Highway H, Deerbrook, WI 54424 OWNER'S ATTY: Law Uffices /Dallas..0 Ingen mson 226 5 Bridge St.. P 0 box 578 Yorkville, IL b0560 8. 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. 10. It is specifically understood and agreed that OWNER and its successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the PROPERTY or any Phase or Parcel and the improvements thereon to other persons, 7 Revised September 22, 2006 trusts, partnerships, firms, or corporations for ownership, operation, investment, building, financing, developing, construction and all such purposes, and that said persons, trusts, partnerships, firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNER has under this Agreement, and upon such transfer, such obligations relating to that part of the PROPERTY sold, transferred, mortgaged or assigned shall be the sole obligation of the transferee, except for any security posted by OWNER on any subdivided or unimproved property for which an acceptable substitute security has not been submitted to the CITY, and transferor shall be relieved of all duties and obligations hereunder relating to that portion of the PROPERTY, Phase or Parcel so sold, transferred or assigned, without limiting the foregoing provisions of this Section. 11. PARTIAL NVALIDITY 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. i 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. 12. 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 UNITE CITY OF Y9,RKVILLE By: MA OR Attes I'I�� CLERK rl OWNER:Iz' P'' C DONALD - eS'C IRAMM ESrATE 8 i EXHIBIT A PARCEL 3:_. THAT PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING DESCRIBED BY COMMENCING AT THE CENTER OF SAID SECTION 4; THENCE SOUTH 87 DEGREES 57 MINUTES 28 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER SECTION, 1428,37 FEET; THENCE NORTH 0 DEGREES 22 MINUTES 20 SECONDS WEST A DISTANCE OF 232.35 FEET; THENCE SOUTH 89 DEGREES 01 MINUTES OD SECONDS EAST OF 275.80 FEET TO THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47 FOR THE POINT OF BEGINNING) THENCE WESTERLY ALONG THE LAST DESCRIBED COURSE A DISTANCE OF 15.35 FEET TO THE CENTERLINE OF ROB ROY CREEK; THENCE NORTH 1 DEGREE 24 MINUTES 14 SECONDS EAST ALONG THE CENTER LINE OF SAID CREEK, A DISTANCE OF 300,01 FEET TO A POINT OF BEND; THENCE NORTH 1 DEGREE 43 MINUTES 41 SECONDS WEST ALONG SAID CENTERLINE OF CREEL( A DISTANCE OF 176.98 FEEL` TO A POINT OF BEND; THENCE NORTH 4 DEGREES 28 MINUTES 30 SECONDS WEST ALONG SAID CENTERLINE OF CREEK TO A POINT OF BEND; THENCE NORTH S DEGREES 39 MINUTES 22 SECONDS EAST ALONG SAID CENTERLINE OF CREEK A DISTANCE OF 81.24 FEET TO THE SOUTH LINE OF COMMONWEALTH EDISON RIGHT OF WAY, THENCE NORTH 87 DEGREES 57 MINUTES 16 SECONDS EAST ALONG SAID RIGHT OF WAY A DISTANCE OF 71.14 FEET TO SAID WESTERLY RIGHT OF WAY OF ILLINOIS ROUTE 47; THENCE SOUTH ALONG SAID RIGHT OF WAY, A CURVE TO THE LEFT HAVING A RADIUS OF 8962.22 FEET A DISTANCE OF 7S6.69 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 0 DEGREES 11 MINUTES 32 SECONDS EAST A DISTANCE OF 3.29 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 28 SECONDS WEST A DISTANCE OF 10.00 FEET; THENCE SOUTH O DEGREES 11 MINUTES 32 SECONDS EAST A DISTANCE OF 129.72 FEET TO THE POINT OF BEGINNING ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. ' PARCEL 4: THAT PART OF THE NORTH HALF - OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 4 FOR THE POINT OF BE'GINNING; T141E ICE SOUTH 67 DEMEES 57 MINUTES 28 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTH HALF OF SECTION 4, 1426.37 FEET; THENCE NORTH 0 DEGREES 22 MINUTES 10 SECONDS WEST 232.35 FEET, THENCE SOUTH 89 DEGREES 01 MINUTES WEST 170.60 FEET TO THE EASTERLY RIGHT OF WAY LINE OF I11.INOIS ROUTE 47; THENCE NORTH 0 DEGREES 11 MINUTES 24 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, 131.55 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 8567,22 FEET; THENCE NORTHERLY ALONG SAID CURVED RIGHT OF WAY LINE, 1871.17 FEET TO A POINT OF TANGENT OF SAID CURVE; THENCE NORTH 12 DEGREES 19 MINUTES 16 SECONDS EAST ALONG SAID TANGENT 113.54 FEET TO A POINT OF RENO IN SAID RIGHT OF WAY; THENCE NORTH 40 DEGREES 43 MINUTES 59 SECONDS EAST ALONG SAID RIGHT OF WAY, 8.63 FEET TO A POINT OF BEND IN SAID RIGHT OF WAY LINE; THENCE NORTH 14 DEGREES SS MINUTES 44 SECONDS EAST ALONG SAID RIGHT OF WAY LINE, 294.38 FEET TO A POINT OF BEND IN SAID RIGHT OF WAY LINE; THENCE NORTH 0 DEGREES 49 MINUTES 06 SECONDS EAST 352.75 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 30; THENCE NORTH 78 DEGREES 2S MINUTES 26 SECONDS EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 219.14 FEET; THENCE NORTH 59 DEGREES 04 MINUTES EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE 2276.94 FEET TO THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 4, THENCE SOUTH 1 DEGREE 17 MINUTES 27 SECONDS EASY ALONG SAID EAST LINE 2951.00 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF SAID NORTHEAST QUARTER OF SECTION 4, 'THENCE SOUTH 87 DEGREES 57 MINUTES 28 SECONDS WEST ALONG SAID SOUTH LINE 3324.92 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART DEEDED TO COMMONWEALTH EDISON COMPANY FOR RIGHT OF WAY, ALL IN THE TOWNSHIP OF BRISTOL„ KENDALL COUNTY, ILLINOIS., PARCEL 5: THAT PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, _RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING DESCRIDLO BY COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 4, THENCE NORTH 69 DEGREES DE MINUTES 10 SECONDS EAST ALONG THE NORTH LINE OF SAID SEC17ON 4 A DISTANCE OF 1370.66 FEET TO A POINT IN THE CENTERLINE OF ROB ROY CREEK FOR THE POINT OF BEGINNING; THENCE EASTERLY ALONG THE LAST DESCRIBED COURSE A DISTANCE OF 7;92 FEET TO THE WESTERLY RIGHT OF WAY UNE OF ILLINOIS ROUTE 47; THENCE SOUTH ALONG SAID RIGHT OF WAY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 3SD9 ' 34 FEET A DISTANCE OF 6S4.90 FEET TO THE POINT OF NON-TANGENCY OF SAID CURVE WHOSE CURVE BEARS SOUTH 10 DEGREES 01 MINUTES 43 SECONDS WEST A DISTANCE OF 6$4.77 FEET; THENCE SOUTH 12 DEGREES 19 MINUTES 18 SECONDS WEST A DISTANCE OF 199.17 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 6652.22 FEET-; THENCE SOUTHERLY ALONG SAID CURVED'RIGHT OF WAY A DISTANCE OF 627.98 FEET WHOSE CHORD BEARS SOUTH 9 DEGREES 15 MINUTE,$ 16 SECONDS WEST A DISTANCE OF 927.54 FEET TO THE NORTH LINE OF COMMONWEALTH EDISON RIGHT OF WAY; THENCE SOUTH 87 DEGREES 57 MINUTES 16 SECONDS WEST ALONG SAID RIGHT OF WAY A DISTANCE OF 70.S7 FEET TO THE CENTERLINE OF SAID ROB ROY CREEK; THENCE NORTH 5 DEGREES 39 MINUTES 22 SECONDS EAST ALONG SAID CENTERLINE OF CREEK A DISTANCE OF 125.73 FEET TO A POINT OF BEND; THENCE NORTH 12 DEGREES 21 MINUTES 10 SECONDS EAST ALONG SAID CENTERLINE OF CREEK A DISTANCE OF 1670.51 FEET TO THE POINT OF BEGINNING ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS; PLAT OFANNEXATION SEE DETAIL "A'• KANT COUNTY K AA COUNTY 3 3 4 ­ 4 BASELINE ROAD N StMt E -.--U—S, 7 A 2176.9 KOVEDALL COLTNTTY KF-NTD-ALL COUNTY LEGAL DESCIUPTION D. -F OF E- 111 1� lX31011 01 20C' 400' 600' X P SCALE I- 20J O.-E- �1, Til 'O"'M 1 11 -1- 24 LEGEND N 44 E tt E:. .-I Or Xi: -E,� Olth, 11 . -y. I., l FOUND iRON PIPE SET IRON PIPE tl ' EOI-1- 1 .14,121---�-EOl I.OIEEAMEM of Z -1 I FOUND CONCPETE R.O.W. 1,IONU',fZN'T 72 A SEE DETAIL "B" M 26-l- 56 lllo.sktrl 0 POUND P.K. NAIL Et MW 1Y 1AE)I-.1 -1- LINE. -1- FOUND RAILROAD SPIKE EEET-t`EE---�lF-�L.� T! L Wt,,7 a s;[l 7-1.. .7 1.7- IIEW'S SFTR R. SPIKE OR F.K. NAIL EXIST. CITYLINII L p 8C I 11A R C 1, 1 '3.T T 0 R T P *4 l,-L 7 -1 ur pt Ettl=- DETAIL "B" 1.5642 ACRES Ell 11E c ElFlER OF lN. l4- It 1IN't-I 21I.F.-I 'Ir px', 'Al L- .1 1111A RMIll -11 OF} OEI.0 ll- 1--in" x� I 111`4I- 1 ..T-Ez EE FEM 11 l M LP K-..;1;'1. OF 1:0-1 c. f Or �.I. l TH OF F, - 1 -,1 - 1 Lt It "Ill .1 1 A tl!: z�JICL Ui IIIE, m s 87 w 'lE '7a f `7­9 FEE SO 17VIC W-4 t : 1 I CUNPAONWEALTH i EDIN COMMONWEALTH EDISON 269202' N 871�n5 E q H. lvuT Rr,! 71 71.14 It 67 - 7�- % - - -'-! SEC 11, OW-P3} 11 17 �L'M 5 1)?E-!�-!Et�'Ol. - 11 L"- w3t; ot nz S 01V37 E 111-24 M. 3.29 EV 111 l,r I0 E Wk c F37 K - F $ 8948a • W - , E7 I�F-s "I" -"" 1: L,'! 99 IX REJ" Ail - � " A ❑ A E 1 FEE T ul e, co 0.7210ACRIES Z S EpWalf w - 7 . I S.W 1, 1 1 Ell- E1.1 ` b3 l M., E� j4 m= 0 ., u 1 FEE i OF EL". lix,'m EAII AU'll'. F.; . L. Ell OF OF E-- OF EEEI I.;., DETAIL "C l R �1 W SEE DF-TAIL"C--', 13.56 1 BMW w 4 - 7 4 3 4 ITEr2tr W 77.7-V7, 1324.5V 7 142&31' ry 'IF i:Zlll),.LL S 5n7*28' W T 121STOCE TIFYFL)DMIT, CMW4 EEqAFF, 4 + 14 'uE qr?(" 711E 7�'T HEIE'll, JR."N Rv.J0R-.'-1!3'K IAI sF1`.Elrh-Hf.r.1.fF . ..... -DTO.J Y o NOTE: 8 IT -S F ACRES ALL SEARING$ ARE BASED ON TRUE NORTH AS ESTABLISHED BY G.P.S. TOTAL ACREAGE 178,013D R B & ASSOCIATES LAND SURVEY , ORS INC. - f Or - -1 OF -!S. 4 West Main Street Piano, Illinois 60645 (631) 552-7452 DESIGN FIRM NO. 184-004475 DWG* 2002-11232-OO5C(ANNEX) r: > x 7< rte, -'... •..a rl.�..v:l" ' K __ —• -- - _ -_. l i m a— iisa �asararauaaarwrwrwarrri OF 17-p"o— COMMERCIAL t lose, 15 AC - tt t 'a • � \ ;, iaaa aaaa ■auaaaaaw aaaaayaaasata 4 _.. _. _..- { 1 a `t ` �j « Sa' aaa =faaataraalstrfrt a SITE DATA UNITS ACREAGE/% OF SITE AREA SINGLE FAMILY 108 48 ac / 27.5% e ! MULTI a (2.25 UNITS PER ACRE) a ` C OMMERCIAL w FAMILY/ • TRADITIONAL 110 22 ac / 12.6% `ONDO q TOWN �+r� A� ` 1 (5 UNITS PER ACRE) • r VL 1 AC t. MULTI FAMILY /CONDO (12 UNITS PER ACRE) 216 18 ac/ 10.3% r F COMMERICIAL 77 ac / 44% b OPEN SPACE or / r Q �' AC OPEN SPACE 10 ac 15.7% c TOTAL 434 175 acres 2.48 UNITS PER ACRE - I � l +1F j .c+waearawraraaaarra.�aai w■ ■* ■ r* •r r aw 1 w r- i TRAD OONAL SINGLE t; �'� SINGLE I TO'WNHOMES FAMILY '� i FAMILY F 22 AC 31 AC 17 AC J . OPEN SPACE 1 i 4 A ok I � ci � 4 � a • 2 v s 'd,= .:.... -. - _ ...�.. - � abar�rasw ■�a pcaafaa� a�aa4aaEaa ra as a � - !'; tfa • a�aaar. x � air r SCHRAMM PROPERTIES - - - -- _ _ _ -__- DATE FAER� CONCEPT PLAN Revised 9/22/06 TJORTH UNITED CITY OF YORKVILLE, ILLINOIS