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City Council Packet 2013 08-27-13 C United City of Yorkville 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 o Is ur Telephone: 630-553-4350 Fax: 630-553-7575 <LE AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday,August 27, 2013 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Carlo Colosimo Jackie Milschewski Chris Funkhouser Rose Ann Spears Ken Koch Larry Kot Joel Frieders Diane Teeling Establishment of Quorum: Amendments to Agenda: Presentations: 1. Government Transparency Award presented to the City by the Illinois Policy Institute 2. Recognition of Lions Club for their Donation of a Shelter at Bridge Park Public Hearings: 1. PC 2013-09—Mr. Peter Occhipinti, Petitioner and Owner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting annexation by an annexation agreement for an approximately 0.87 acre parcel of land located in unincorporated Kendall County. The subject property is generally located east of Illinois Route 47, immediately south of McHugh Road, and just west of Farmstead Drive in Kendall County, Illinois. It is proposed that the subject property be zoned within the City's R-4 General Residence District for a future multifamily residence development. 2. PC 2013-12—An amendment to that certain Annexation Agreement (Prestwick of Yorkville Subdivision) dated April 26, 2005 by and among Yorkville Farms Development, LLC. (Owner/Developer), an Illinois Limited Liability Corporation, and the United City of Yorkville, Kendall County, Illinois, for the purpose of amending the agreement regarding a re-subdivision of Lot 358 for a private high school with accessory uses, recalculation of impact fees, revised school and park land-cash fees, extension of fee and ordinance locks and other miscellaneous site development improvements related to the proposed school land use. The proposed accessory uses and improvements may include a retail school store; an equestrian arena and stable; cellular telephone tower; wind turbine; electronic scoreboard,public address system, lighting and concession/restrooms for athletic fields; outdoor storage of farm equipment, grain bins and greenhouses; street parking along Mustang Way and delayed construction of on-site parking; school bus parking and garage; an off-premise electronic school identification sign; and building height exceptions. 3. Countryside TIF Bond Refinancing Citizen Comments on Agenda Items: City Council Agenda August 27, 2013 Page 2 Consent Agenda: 1. PW 2013-37 Kane/Kendall Council of Mayors (KKCOM) Surface Transportation Program (STP) Project Application—authorize staff to submit 2013 Call for Projects application for Mill Street LAFO project funding Minutes for Approval: 1. CC 2013-59 Minutes of the City Council—July 23, 2013 2. CC 2013-60 Minutes of the City Council—August 13, 2013 Bills for Payment (Informational): $982,887.38 Mayor's Report: 1. CC 2013-61 Ordinance Approving the Second Amendment to the Planned Unit Development Agreement (Windett Ridge Subdivision) Consent Agenda: Public Works Committee Report: 1. PW 2013-36 Kendall Marketplace Infrastructure Economic Development Committee Report: 1. EDC 2013-28 Ordinance Approving a Fourth Amendment to the Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area(Imperial Investments, LLC) Public Safety Committee Report: Administration Committee Report: Park Board: Plan Commission: 1. PC 2013-04 and PC 2013-05 —Priority Health Annexation and Zoning a. Ordinance Approving an Annexation Agreement b. Ordinance Annexing Certain Territory to the United City of Yorkville c. Ordinance Approving the Zoning into the B-2 General Business District for the Property Located on the West Side of Route 47 2. PC 2013-07 Grande Reserve Amendment to the Amended Annexation and PUD Agreement 3. PC 2013-08 Midland States Bank a. Ordinance Approving a Special Use Permit for a Bank with Drive-Through Facilities Zoning Board of Appeals: City Council Report: City Clerk's Report: Community and Liaison Report: Staff Report: City Council Agenda August 27, 2013 Page 3 Additional Business: Executive Session: 1. For the discussion of minutes of meetings lawfully closed under the Open Meetings Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes. Citizen Comments: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ADMINISTRATION: September 19, 2013 _6:00_p.m.=City Hall Council Chambers ---- ---------- -------------------------- ----------- Committee Departments Liaisons Chairman: Alderman Spears Finance Library Vice-Chairman: Alderman Milschewski Administration Committee: Alderman Funkhouser Committee: Alderman Frieders ;ECONOMIC DEVELOPMENT: September 3, 2013 –7:00 p.m.–City Hall Council Chambers; ------------- --- —_---------------------------------------------- -- —__------ Committee Departments Liaisons Chairman: Alderman Koch Community Development Plan Commission Vice-Chairman: Alderman Teeling Building Safety and Zoning Yorkville Econ. Dev. Corp. Committee: Alderman Colosimo Kendall Co. Plan Commission Committee: Alderman Frieders PUBLIC SAFETY: September 5 2013–6-30 m.=Ci Hall Council Chambers Committee Departments Liaisons Chairman: Alderman Colosimo Police Human Resource Comm. Vice-Chairman: Alderman Spears School District Committee: Alderman Kot Committee: Alderman Funkhouser .PUBLIC WORKS: September 17, 2013 –6:00 p.m.–City Hall Council Chambers; - -- ------- - ------------ Committee Departments Liaisons Chairman: Alderman Teeling Public Works Park Board Vice-Chairman: Alderman Kot Engineering YBSD Committee: Alderman Milschewski Parks and Recreation Committee: Alderman Koch UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, August 27, 2013 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: ---------------------------------------------------------------------------------------------------------------------------------------- 1. Government Transparency Award presented to the City by the Illinois Policy Institute 2. Recognition of Lions Club for their Donation of a Shelter at Bridge Park ---------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS: ---------------------------------------------------------------------------------------------------------------------------------------- 1. PC 2013-09 Occhipinti/ 1100 McHugh—Annexation and Zoning 2. PC 2013-12 Prestwick—Amended Annexation Agreement 3. Countryside TIF Bond Refinancing ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS ON AGENDA ITEMS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2013-37 Kane/Kendall Council of Mayors Surface Transportation Program (STP) Project Application ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2013-59 Minutes of the City Council—July 23, 2013 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2013-60 Minutes of the City Council—August 13, 2013 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- BILLS FOR PAYMENT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Bills for Payment(Informational) ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2013-61 Ordinance Approving the Second Amendment to the PUD Agreement (Windett Ridge) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2013-36 Kendall Marketplace Infrastructure ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2013-28 Ordinance Approving a Fourth Amendment to the Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area(Imperial Investments, LLC) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- PLAN COMMISSION REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PC 2013-04 &PC2013-05 Priority Health Annexation and Zoning a. Ordinance Approving an Annexation Agreement ❑ Approved: Y N ❑ Subject to b. Ordinance Annexing ❑ Approved: Y N ❑ Subject to c. Ordinance Approving Zoning to B-2 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. PC 2013-08 Midland States Bank a. Ordinance Approving a Special Use Permit for a Bank with Drive-Through Facilities ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- `� I] CfTy Reviewed By: X06 Legal ❑ Agenda Item Number Finance ❑ Public Hearing#1 EST. -� __ti 1838 Engineer ❑ City Administrator 0 : Human Resources ❑ Tracking Number "Vw `�t3 Community Development 0 Police PC 2013-09 ALE Public Works ❑ Agenda Item Summary Memo Title: 1100 McHugh Road (Occipinti)—Applications for Annexation and Rezoning Meeting and Date: City Council/August 27, 2013 Synopsis: Request for annexation and rezoning to within the R-4 General Residence District. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Vote Submitted by: Krysti J. Barksdale-Noble Community Development Name Department Agenda Item Notes: Memorandum 0 To: City Council 1es6 Esr. From: Krysti J. Barksdale-Noble, Community Development Director 1 `= CC: Bart Olson, City Administrator Date: August 15, 2013 TE Subject: PC 2013-10— 1100 McHugh Road (Occhipinti) Kendae counTy �� Request for Rezoning to R-4 General Residence District <kE '►�' Petitioner's Request& Background: The Petitioner, Peter Occhipinti, is seeking annexation approval and rezoning authorization for the property located at 1100 McHugh Road for a future multifamily residence development. The property is currently in unincorporated Kendall County and zoned R-3 One-Family Residence in the county.' According to the Kendall County Zoning Ordinance, uses within their R-3 One-Family Residence District are similar in classification as uses in the City's R-2 One-Family Residence District which permits single family detached dwellings, parks, accessory buildings and other similar low-density uses and abuts the subject property to the south. The petitioner is seeking to annex an approximately 0.90-acre property located southwest of McHugh Road and Farmstead Drive,just north of the Heartland residential subdivision and just west of the Heartland Center business development (see attached aerial) to within the City of Yorkville's corporate boundaries and rezone the land as R-4 General Residence District. The property, which is currently being rented, has a single family residence and various detached accessory structures and is contiguous to the City of Yorkville's corporate boundaries along its southern and western property lines. While the City Council is only considering the petition for annexation at this time, the rezoning request has been reviewed by the Plan Commission during a public hearing process at their August 14t''meeting and a recommendation is forthcoming for City Council consideration and action at the September 10th council meeting. Annexation Agreement Request Attached is a copy of a standard draft annexation agreement which has been prepared by the City Attorney. The basic provisions provided in the agreement generally cover the following: 1. Legal Conformance with all applicable city ordinances — the petitioner is not seeking any variances, relief from or special consideration of any ordinances as part of the annexation request. 2. Compliance and validity—the terms of the annexation agreement are shall be valid upon the annexation and rezoning of the property to within the R-4 General Residence District. 3. Enactment of an Annexation Ordinance — requires an ordinance approving the rezoning of the property to R-4 within 21 days after passage of the annexation agreement. 4. Compliance with applicable ordinances — agreement that if ordinances are amended or new ordinances are adopted after the date of adoption of this agreement, that the subject property is treated equally like any other affected property similarly zoned or situated. 5. Permit Fees—developer agrees to pay all permit fees as currently required, and requests that as permit fees increase, from time to time, they are equitably applied to all other developments. 'htW://www.co.kendall.il.us/zoning/zoning ordinance/PBZ_zoning 08.pdf 6. Contributions—the petitioner agrees to donate land or money to the city and school (i.e. park or school land/cash fees, school transition fees, transportation fees, etc.) since this is a proposed future residential development. 7. Oversizing of Improvements — Standard provision allowing for recapture if oversizing of public utilities which will benefit properties other than the subject property occurs as part of the development. 8. Recapture Agreements — City agrees if there are any benefiting parties of oversized public utilities that a recapture agreement shall be entered into. 9. Onsite Easements & Improvements — Provision allows for cooperation on the City and Owners part should existing easements need to be granted, vacated and/or relocated for the future development of the property. Peripheral Considerations While the City Council is considering the petitioner for annexation at this public hearing, the proposed future land use and zoning, as requested in the annexation agreement, has also been analyzed by staff. Below is a land use and zoning chart of adjacent properties to the subject property: Existin Zoning Existing Land Use Comments North B-3 Highway Business District Residential Residential properties located in (Kendall County) unincorporated Kendall County. R-2 One-Family Residential Residential properties located in South District Residential Heartland Subdivision. Heartland Center retail development; East B-3 Service Business District Commercial Intervening Transportation Land Use (Farmstead Drive). R-3 One-Family Residence Residential properties located in West District(Kendall County) Residential unincorporated Kendall County. Although no formal plan is proposed for the future redevelopment of the site, the Petitioner envisions a multifamily residence development on the property consistent with housing permitted within the proposed R-4 District (i.e. duplexes, townhomes, condos or apartments). Based upon the density standards of the R-4 District and the size of the property, the following maximum unit number and dwelling types would be permitted: Dwelling Type Density Permitted Maximum Unit Number Permitted Duplex 4,500 square feet minimum lot area per Max. 8 Dwelling Units dwelling(assuming a 3 bedroom unit) Townhome 5,000 square feet minimum lot area per Max. 7 Dwelling Units dwelling(assuming a 4 bedroom unit) Condo/Apartment 4,000 square feet minimum lot area per Max. 8 Dwelling UnitS2 dwelling(assuming a 2 bedroom unit) 2 Section 10-6F-3 of the Yorkville Zoning Ordinance provides that the allowable density based upon the gross area shall not exceed eight(8)dwelling units per gross acre. Comprehensive Plan The City's Comprehensive Plan Update 2008 had designated this parcel as "Suburban Neighborhood" which is intended primarily for single-family detached residences," preserving the existing housing stock and creating new lower density environments." The gross density envisioned for the Suburban Neighborhood classification is indicated as about 1.5 dwelling units per acre to 2.25 dwelling units per acre. Sanitary District The Yorkville Bristol Sanitary District (YBSD) has stated while it is advisable that the landowner should annex to the Sanitary District so the District and the City can expand together, it is not required. Should the owner annex to the sanitary district, annexation and Infrastructure Participation Fees (IPF) would apply,which are $4228/acre. It was also noted that if the land owner's septic system fails in the future and a sanitary sewer is within 100 feet of their property line, they would be required to connect and annex at that time. Other Code Compliances: Appearance Code The proposed new buildings will be subject to the City's Appearance Code standards. o Masonry products shall be incorporated on the front fagade of at least seventy five percent (75%) of the total buildings and shall incorporate a minimum of fifty percent (50%) premium siding material on the front fagade. Off-Street Parking Regulations Off-Street Parking (Title 10 Chapter 11) regulations would apply to the future development of the property. o One and Two-Family dwellings-minimum of 2 enclosed parking spaces for each dwelling units. o Multi-family dwellings —minimum of 2 parking spaces with 1 enclosed parking space for each dwelling unit. Landscaping Ordinance Although the Integrated Transportation Plan (ITP) indicates that a trail is to be located along McHugh, staff recommends installing sidewalk along McHugh, and verification from EEI that no additional easement language or width is required for when the City needs to remove the sidewalk and install a trail. Additionally, sidewalk will be required along Farmstead Drive. o The Landscape Ordinance 2009-42 will apply. This includes, but is not limited to, parkway trees, parking lot landscaping, and a 30' landscape buffer yard between single family and multi-family residential with 3 shade trees, 3 evergreen trees, and 2 ornamental trees per 100 lineal feet of buffer yard. Existing Condition of the Property The parcel currently has a single family residence and various detached accessory structures. Staff understands that the residence is presently being used as a rental property and various complaints have been expressed by neighboring residents about the condition and maintenance of the property. Upon an inspection of the property, some outside storage was present (see attached photographs). The Petitioner has informed staff that the current tenant will no longer be on the property, as they are in the eviction process. However, if annexation is granted, all United City of Yorkville property maintenance codes will be applicable to the property effective immediately. Staff Comments: While the trend of development in the area surrounding the subject property (multifamily residential immediately to the east and a commercial land use to the west)may support a more denser transitional residential land use than the current single family detached, it is staff's position that without a definitive land plan which details proposed buffer areas, parking layout and above all housing type and density, full support for the rezoning request to R-4 is challenging. According to Section 10-4-5 of the City's Zoning Ordinance, all petitions for annexation upon approval will be automatically classified in the R-1 One-Family Residence District until otherwise requested for rezoning before the Plan Commission. In the interest of time, the Petitioner has filed concurrent applications for annexation and rezoning. The Plan Commission's recommendation will be forwarded to the City Council for consideration as part of the petitioner's public hearing request for annexation at their meeting scheduled for August 27, 2013. Attachments: 1. Copy of Petitioners' Application w/attachments. 2. Aerial of Subject Property. 3. Photographs of the subject property taken by staff on 08/09/13. 4. City Zoning Map of Subject Property and surrounding area. 5. County Zoning Map of Subject Property and surrounding area. 6. Plat of Survey,prepared by S.H. Campbell Land Surveying, dated November 17, 2011. 7. Architectural rendering of proposed townhouse development. 8. Copy of Public Notice. J� 0 EST. , 1836 1 cea., O United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-3436 APPLICATION FOR ANNEXATION /2eaoni� Purpose of Application Local government has the authority to expand its boundaries by annexing unincorporated lands that are contiguous to their corporate limits.According to state law, all newly annexed land is automatically zoned to the most restrictive classification under the city's zoning ordinance, or R-1 One-Family Residence District. Therefore,all voluntary petitions for annexation requesting a zoning classification other than R-1 One-Family Residence District and seeking to enter into an annexation agreement with the city which specifies the desired zoning and other contractual approvals (i.e., amendments to zoning ordinance, variances, building codes, development impacts and contributions, etc.) that will affect the property and successor owners requires a public hearing before the City Council. This packet explains the process to successfully submit and complete an Application forAnnexation.It includes a detailed description of the process and the actual application itself(Pages 6 to 9). Please type the required information in the application on your computer. The application will need to be printed and signed by the applicant. The only item that needs to be submitted to the city from this packet is the application. The rest of the packet is to help guide you through the process unto completion. For a complete explanation of what is legally required throughout the Annexation process,please refer to"Title 10, Chapter 4, Section 10 Annexations"of the Yorkville,Illinois City Code. 1 Application Procedure Procedure Flow Step 1 Submit Application, Fees, and All Pertinent Information to the Community Development Department Step 2 Plan Council Review (Meets 2nd and 4th Thursday of the month) Step 3 City Council Public Hearing (2nd and 4th Tuesday of the Month) 2 Application Procedffe Step I Application Submital The following must be submitted to the Community Development Department: • 2 original signed applications with legal description. • 5 copies each of the application and exhibits, proposed drawings, location map, and site plan. Large items must be folded to fit in a 10"x 13"envelope. • Appropriate filing fee. (See attached Fee Sheet on page 5) • 1 CD containing an electronic copy (pdf) of each of the signed application (complete with exhibit),proposed drawings, location map,and site plan. A Microsoft Word document with the legal description is required on the CD. Within one (1)week of submittal,the Community Development Department will determine if the application is complete or if additional information is needed. These materials must be submitted a minimum of 45 days prior to the targeted Plan Commission meeting. An incomplete submittal could delay the scheduling of the project. Applicant will be responsible for payment of recording fees and public hearing costs, including written transcripts of the public hearing and outside consultant costs(i.e.legal review,land planner,zoning coordinator, environmental,etc.). The applicant will be required to establish a deposit account with the city to cover these fees. The Petitioner Deposit Account/Aclmowledgement of Financial Responsibility form is attached to this document and must be submitted with the application. Plan Council Applicant must present the proposed annexation request to the Plan Council, The Plan Council meets on the 2nd and 4th Thursday of the month. The members of the Council include the Community Development Director,City Engineer,the Building Department Official,the Public Works Director,the Director of Parks and Recreation,a Fire Department Representative,and a Police Department Representative. Upon recommendation by the Plan Council,applicant will move forward to the Plan Commission hearing. M City Council Applicant will attend the City Council public hearing where the recommendation of the annexation will be considered. The City Council meets on the 2nd and 4th Tuesdays of the month at 7:OOpm. Notice will be placed in the Kendall County Record by the United City of Yorkville. The applicant is responsible for sending certified public hearing notices to adjacent property owners within 500 feet of the subject property no less than 15 days and no more than 30 days prior to the public hearing date. Twenty Four(24)hours prior to the public hearing, a certified affidavit must be filed by the applicant with the Community Development Department containing the names, addresses and permanent parcel numbers of all parties that were notified. City Council will make the final approval of the annexation request. 3 Application Procedure Dormant The Community Development Director shall determine if an application meets or fails to meet the requirements stated above. If the Director determines that the application is incomplete it will become dormant under these circumstances: • The applicant has been notified of such deficiencies and has not responded or provided a time line for completing the application within ninety(90)days from the time of notification. • The applicant has not responded in writing to a request for information or documentation from the initial plan commission review within six(6)months from the date of that request. • The applicant has not responded to a request for legal or engineering deposit replenishment for city incurTed costs and fees within ninety (90)days from the date of the request. If the Community Development Director has sent the required notice and the applicant has not withdrawn their application or brought it into compliance, then the director shall terminate the application.After termination, the application shall not be reconsidered except after the filing of a completely new application. Withdrawal or termination of an application shall not affect the applicant's responsibility for payment of any costs and fees,or any other outstanding debt owed to the city. The balance of any funds deposited with the city that is not needed to pay for costs and fees shall be returned to the applicant. (Ord. 2011-34, 7-26-2011) 4 `CEO clTr United City of Yorkville ,2 0 800 Game Farm Road Yorkville,Illinois 60560 1836 Telephone: 630-553-4350 �- Fax: 630-553-7575 INVOICE&WORKSHEET <<E ��y PETITION APPLICATION CONTACT: DEVELOPMENT/PROPERTY: //077 /plc/Aec// Acreage: O. 9P40.r Date: Concept Plan Review: [J Yes []No $ Engineering Plan Review Deposit of$500 due Amendment: []Yes []No $ $500.00 Fee due for each: (Annexation) (Plan) (Plat) (PUD) Annexation: Yes []No $ .230.00,plus$101acrc for each acre over 5. #of acres: -5= x$10= +$250 Rezoning: ,)(Yes []No $ o?00 $200.00,plus$l0/acre for each acre over 5. #of acres: -5= x$10= +$200 If annexing and rezoning,charge only 1 per acre fee. If rezoning to a POD,.charge POD Development Fee-not Rezoning Fee, Special Use: []Yes []No $ $250.00,plus$10/acre for each acre over 5. #ofacres: --S--x$10— +$250 I Zoning Variance: $85.00 []Yes []No $ Outside Consultants deposit of$500.00 due Preliminary Plan Fee: $500.00 []Yes []No $ P.U.D.Fee: $500.00 []Yes []No $ Final Plat Fee: $500.00 [1 Yes []No $ Engineering Plan Review Deposit: []Yes [I No $ []Less than 1 acre=$1,000 due [J Over 1 acre and less than 10 acres=$2,500 due []Over 10 acres and less than 40 acres=$5,000 due []Over 40 acres and less than 100 acres=$10,000 due [ ]Over 100 acres=$20,000 due Outside Consultants Deposit: p(yes []No $ 1j 000. 6v Legal,Land Planner,Zoning Coordinator,Environmental Services Annexation,Subdivision.Rezwainr.and Special Use: Less than 2 acres=$1,000 due []Over 2 acres and less than 10 acres=$2,500 due []Over 10 acres=$5,000 due TOTAL AMOUNT DUE: $ WoO O rmcd nag.D,,x AR01 Fx Shc t Wkst 5 Application For • • STAFF USE ONLY Date of Submission PC# Development Name Applicant • • Name ofApplicant(s) P '� r� CC / //k Business Address © 3 0 k,-1 ND O City F L o /-�, e h d iState I G, ZIP Business Phone 3p �6 Q Business Fax Business Cell S k7 Business E-mail Property • • Name of Holder of Legal Title Le,e-rt 5 ✓ d i4/$ X�i (/5/Kl�t/� If Legal Title is held by a Land Trust, list the names of all holders of any beneficial interest therein: (Oe-Z'e o cc111 &i / Property Street Address I ( ( mQ C Description of Property's Physical Location 5'o a ¢H tic C /a a ctr s ' -�S r A- d Kj 3-Mj R. Zoning and Land Use of Surrounding Parcels I North 3 P6,N(' 11- Clyvr- East ®M KI"IL-w South q 2, / 1 West P, 3 N L G Current Zoning Classification I rr—YP CL Gev/!r Kendall County Parcel Number(s) of Property 6 Application For Annexation Additional •ntact Information Attorney Name Address City I I State ZIP Phonel Fax E-mail Engineer Name Address City State ZIP Phonel Fax i E-mail Land Planner/Surveyor Name 1 $ 4 H , C 14 ly f Address F164M S P /{ E City ff/C d D 1R Y 14 141-r State r[ ZIP Phone I 7 p 8 f - f3 0 Fax E-mail Attachments Applicant must attach a legal description of the property to this application and title it as "CxhibitA". Applicant must list the names and addresses of any adjoining or contiguous landowners within 500 feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as "Exhibit B". 7 Application For Annexation Agreement I verify that all the information in this application is true to the best of my knowledge. I understand and accept all requirements and fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. I understand all of the information presented in this document and understand that if an application becomes dormant it is through my own fault and I must therefore follow the requirements outlined above. Applicant Signature Date &-S- � 0,---.90-1-f THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE IN THE SPACE BELOW: OFFICIAL SF,AL PAMELA B OLSEM NOTAIIY PUBLIC-STATE OF ILLHOIS W 00WASSION EV MWM& 8 - 1 - 34 E-Veterans-Pkwy _ i ,kI/lot M N N CO f '��'r,', s, �` �; .• 'per CO p c,� 7p c9 7p pc� 6► ti g ° �Q CP �9 6' S� S�S Heartland-Or say United City The Data is provided without warranty or any representation of v y of Yorkville GIS accuracy,timeliness,or completeness.It is the responsibility of the Wt, c- Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and `d Provided By Kendall County GIS appropriateness of its use. The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. 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Photography 1 • 1- completeness, r Provided Kendall County appropriateness of -• City of Yorkville expressed• r -r to the use of - I. e i+- OC+2 --(1119 1.41 9-1 i G Pt8 -011 -016 B3 L B- 's P'13 Pt-0 y .«_, Pt-0 12 PL-015 PL 760 y PL-0C, Pt 10 Vk�111s -001 w F9 �!r7 PL -26-252-015 Qbz FIL 200 P3 Pt 02-29-22-024 I PL 7b0 F" a Heartland Dr 2. 3 t3 g - ca PL 212 Pt.02-2B404-003 Pi 11 PL 02-28-331-001 t4� r r 30 -032 ih4-037 rr 'a� PLAT OF SURVEY NORTH LEGAL DESCRIPTION 1 ~1 THAT PART OF THE EAST HALF OF SECTION 28, TOWNSHIP 37 NORTH RANGE 7 EAST SCALE: 30" OF THE THIRD PRINCIPAL MWRIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE BEARING SYSTEM : SOUTHWESTERLY CORNER OF LOT 45 OF FOX RIVER GARDENS SUBDIVISION; THENCE NORTH 20 DEGREES 10 MINUTES 00 SECONDS EAST, ALONG THE WESTERLY LINE OF ASSUMED THE NORTHWESTERLY SAID SUBDIVISION, 1479. 25 (FEET TO THE MOST NORTHERLY CORNER OF LOT 27 IN SAID LINE OF LOTS 72 AND 73 IN SUBDIVISION; THENCE NORTH 72 DEGREES 02 MINUTES •51 SECONDS WEST, ALONG THE HEARTLAND IN YOWMLLE—UNIT 1 SOUTHERLY LINE OF TUMA ROAD, 1360.96 (FEET; THENCE SOUTH 49 DEGREES 29 5 59. 06' 43" W MINUTES 08 SECONDS WEST, 886. 93 FEET; THENCE NORTH 40 DEGREES 20 MINUTES 48 SECONDS WEST, 505. 41 FEET TO THE CENTERLINE OF MCHUGH ROAD ; THENCE SOUTH 49 DEGREES 20 MINUTES 00 SECONDS WEST, ALONG SAID CENTERLINE, 553.68 FEET; N 60.9,, THENCE SOUTH 46 DEGREES ,22 MINUTES 55 SECONDS EAST, ALONG SAID CENTERLINE, 2 gy " 116.93 FEET TO THE MOST NORTHERLY CORNER OF NIELLIE BRANDT SUBDIVISION ; W THENCE SOUTH 43 DEGREES 22 MINUTES 55 SECONDS EAST, ALONG THE ya NORTHEASTERLY LINE OF SAID SUBDIVISION, 229. 39 FEET TO THE MOST EASTERLY a� CORNER OF SAID SUBDIVISION; THENCE SOUTH 46 DEGREES 41 MINUTES 58 SECONDS ti ° WEST, ALONG THE SOUTHEASTERLY LINE OF SAID SUBDIVISION , 150. 0 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 59 DEGREES 06 MINUTES 43 SECONDS WEST, y"o 00s a° 190.47 FEET; THENCE NORTH 43 DEGREES 22 MINUTES 03 SECONDS WEST 190.O�v FEET a�ryp �'o• ,, y TO THE CENTERLINE OF MCHUGH ROAD; THENCE NORTH 46 DEGREES 05 MINUTES 18 , SECONDS EAST, ALONG SAID CENTERLINE, 185, 98 FEET TO THE MOST WESTERLY e. ty CORNER OF SAID NELLIE BRANDT SUBDIVISION; THENCE SOUTH 43 DEGREES 22 MINUTES 03 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE OF SAID SUBDIVISION , y . d 232. 98 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, NI - I a° KENDALL COUNTY, ILLINOIS. — - -- � ry ,t, cy gyp � p x h SGT p !h JI it ti S` �0,� titi P'� Op T� 4c`ti0 0 `w �O 'lpj�\a Jsli s V f �fJ � �fc'�• h' (ysl' Ail,• ,�, L �. � ��'��MFP �o. OF AREA — 39 , 335 SQ . FT, " �, �r p� ou aIV �f �y°° ��, s'�146 OR 0 , 90 ACRE sA• 1R'� � . r�C�' _ i JIM f ati ao� %p QG `r.. o 0 'L Z on { �C 22• Q Q, a3 G 0 `u p. Kati O per` \gyp pFL�� 06 �yC! X20 \ v . '�n. 2'cP• 'ALti s�`�hAial, �v` • k O Ova _ \ !y p> ry A � ,L n r LOT 72 °F \ \ LOT 73 Nil NOTE: R. & M. DENOTE RECORD AND MEASURED DIMENSIONS \ LOT 74 � '\ � State of IlgROla III � \ Countyof Coale CLIENT: JEFFERY MCFLROY _ 1pqufUgl � , r, Scud H. Campbell, anIl JOB ADDRESS: 1100 MCHUGH ROAb. YORKVI LL E' IL ,„,. � � / IInDIsPfoleSSlOnel Land Sulvayrn, dalherehy�cedirymat �Thls JOB NO: 11 - 11 - 009 _ d� C h mfassionai service cradomnsto lie conentltleloisminimum standards tor aboundary \ ♦♦♦` '� . \”°•°4'4•• A�g� Survey", and that the plat hereon drawn IS a cortnct reprasenl'atlon of said Survey. V 1% moo Z'r� r 035-003132 oC : Dated, thl3 1 da NOVEMBER 2011 4 PROFESSIONAL E #_ LAND SURVEYOR LAND SURVEYING y '";STATE OF ILLINOIS 8432 SOUTH 84TH AVENUE TEL; (708 594- 5370 ' ''' �o , mom ( ,A,' O�hAr1 ii1i11Ua�♦,?♦♦♦ Uconsea �Yns No ember30 a012 No. 3132 HICKORY HILLS IL. 6g4S7 FAX : 708 594- 5369 , NO IMPROVEMENTS SHOULD BE MADE ON THE BASIS OF THIS PLAT ALONE. FIELD F MONUMCNTATION OF CRITICAL POINTS SHOULD BE ESTABLISHED PRIOR TO + Gateflemwaa peflDfined 11 m- 16 - 11 COMMENCEMENT OF ANY AND AUL CONSTRUCTION. FOR BUILDING LINES, EASEMENTS AND OTHER RESTRICTIONS NOT SHOWN HEREON. REFER TO YOUR DEED, ABSTRACT, TITLE POLICY, CONTRACTS AND LOCAL BUILDING AND ZIONINO ORDINANCES, I µ u PUBLIC NOTICE NOTICE OF PUBLIC HEARING FOR ANNEXATION BEFORE THE UNITED CITY OF YORKVILLE CITY COUNCIL PC 2013-09 NOTICE IS HEREWITH GIVEN THAT, Mr. Pete Occhipinti, Petitioner and Owner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting annexation by an annexation agreement for an approximately 0.87 acre parcel of land located in unincorporated Kendall County. The subject property is generally located east of Illinois Route 47, immediately south of McHugh Road, and just west of Farmstead Drive in Kendall County, Illinois. It is proposed that the subject property be zoned within the City's R-4 General Residence District for a future multifamily residence development. The legal description is as follows: THAT PART OF THE EAST HALF OF SECTION 28, TOWNSHIP 37 NORTH RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 45 OF FOX RIVER GARDENS SUBDIVISION; THENCE NORTH 20 DEGREES 10 MINUTES 00 SECONDS EAST, ALOG THE WESTERLY LINE OF SAID SUNDIVISION, 1479.25 FEET TO THE MOST NORTHERLY CORNER OF LOT 27 IN SAID SUBDIVISION; THENCE NORTH 72 DEGREES 02 MINUTES 51 SECONDS WEST, ALONG THE SOUTHERLY LINE OF TUMA ROAD, 1360.96 FEET; THENCE SOUTH 49 DEGREES 29 MINUTES 08 SECONDS WEST, 886.93 FEET; THENCE NORTH 40 DEGREES 20 MINUTES 48SECONDS WEST, 505.41 FEET TO THE CENTERLINE OF MCHUGH ROAD; THENCE SOUTH49 DEGREES 20 MINUTES 00 SECONDS WEST, ALONG SAID CENTERLINE, 553.68 FEET; THENCE SOUTH 46 DEGREES 22 MINUTES 55 SECONDS EAST, ALONG SAID CENTERLINE, 116.93 FEET TO THE MOST NORTHERLY CORNER OF NELLIE BRANDT SUBDIVISION; THENCE SOUTH 43 DEGREES 22 MINUTES 55 SECONDS EAST, ALONG THE NORTHERLY LINE OF SAID SUBDIVISION, 229.39 FEET TO THE MOST EASTERLY CORNER OF SAID SUBDIVISION; THENCE SOUTH 46 DEGREES 41 MINUTES 58 SECONDS WEST, ALONG THE SOUTHEASTERLY LINE OF SAID SUBDIVISION, 150.0 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 59 DEGREES 06 MINUTES 43 SECONDS WEST, 190.47 FEET; THENCE NORTH 43 DEGREES 22 MINUTES 03 SECONDS WEST 190.05 FEET TO THE CENTERLINE OF MCHUGH ROAD; THENCE NORTH 46 DEGREES 05 MINUTES 18 SECONDS EAST, ALONG SAID CENTERLINE, 185.98 FEET TO THE MOST WESTERLY CORNER OF SAID NELLIE BRANDT SUBDIVISION; THENCE SOUTH 43 DEGREES 22 MINUTES 03 SECONDS EAST ALONG SAID SOUTHERLY LINE OF SAID SUBDIVISION, 232.98 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, KENDALL COUNTY, ILLINOIS. PIN#02-28-253-002 NOTICE IS HEREWITH GIVEN THAT the City Council for the United City of Yorkville will conduct a public hearing on said application on Tuesday, August 27, 2013 at 7 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, 60560. The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk Memorandum 0 To: City Council 1es6 Esr. From: Krysti J. Barksdale-Noble, Community Development Director 1 `= CC: Bart Olson, City Administrator Date: August 16, 2013 Subject: PC 2013-10— 1100 McHugh Road (Occhipinti) Kendae counTy �� Request for Rezoning to R-4 General Residence District <kE '►�' Petitioner's Request& Background: The Petitioner, Peter Occhipinti, is seeking annexation approval and rezoning authorization for the property located at 1100 McHugh Road for a future multifamily residence development. The property is currently in unincorporated Kendall County and zoned R-3 One-Family Residence in the county.' According to the Kendall County Zoning Ordinance, uses within their R-3 One-Family Residence District are similar in classification as uses in the City's R-2 One-Family Residence District which permits single family detached dwellings, parks, accessory buildings and other similar low-density uses and abuts the subject property to the south. The petitioner is seeking to annex an approximately 0.90-acre property located southwest of McHugh Road and Farmstead Drive,just north of the Heartland residential subdivision and just west of the Heartland Center business development (see attached aerial) to within the City of Yorkville's corporate boundaries and rezone the land as R-4 General Residence District. The property, which is currently being rented, has a single family residence and various detached accessory structures and is contiguous to the City of Yorkville's corporate boundaries along its southern and western property lines. Plan Commission Action The Plan Commission reviewed the requested rezoning at a public hearing held on August 14, 2013 and made the following action on the motion below: In consideration of testimony presented during a Public Hearing on July 10, 2013 and discussions conducted at that meeting, the Plan Commission recommends approval to the City Council of a request rezoning of the subject property upon annexation to within the R-4 General Residence District, as proposed by Peter Occhipinti, as submitted in an application dated June 20, 2013, subject to recommendations in Staffs memorandum dated August 8, 2013 and further subject to staff's com m en ts. Action Item• Lindblom-nay; Weaver-nay; Prochaska-nay, Jones-nay, Baker-nay 0 ayes; 5 nays Plan Commission Criteria for Rezoning: In considering rezoning requests, the Zoning Ordinance requires the Plan Commission to make findings based upon the evidence presented to it in each specific case with respect to the following matters: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. 1 http://www.co.kendall.il.us/zoning/zoning ordinance/PBZm zoning L08.pdf c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11-4-1976) Additional factors to be considered for an amendment to a zoning ordinance as determined by the `LaSalle' and `Sinclair' cases should also be considered. These factors are as follows: 1) The existing uses and zoning of nearby property; 2) The extent to which property values are diminished by the particular zoning restrictions; 3) The extent to which the destruction of property values of plaintiff promotes the health, safety, morals, and general welfare of the public; 4) The relative gain to the public as compared to the hardship imposed upon the individual property owner; 5) The suitability of the subject property for the zoned purposes; 6) The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property; 7) The community need for the proposed use; and, 8) The care with which the community has undertaken to plan its land use development. Attachments: 1. Staff's memorandum to the Plan Commission dated August 8,2013. 2. Copy of Petitioners' Application w/attachments. 3. Aerial of Subject Property. 4. City Zoning Map of Subject Property and surrounding area. 5. County Zoning Map of Subject Property and surrounding area. 6. Plat of Survey,prepared by S.H.Campbell Land Surveying, dated November 17,2011. 7. Copy of Public Notice. c,r� Memorandum 0 To: Plan Commission 1es6 Esr. From: Krysti J. Barksdale-Noble, Community Development Director 1 `= CC: Bart Olson, City Administrator Date: August 8, 2013 TE Subject: PC 2013-10— 1100 McHugh Road (Occhipinti) Kendae counTy �� Request for Rezoning to R-4 General Residence District <kE '►�' Petitioner's Request& Background: The Petitioner, Peter Occhipinti, is seeking annexation approval and rezoning authorization for the property located at 1100 McHugh Road for a future multifamily residence development. The property is currently in unincorporated Kendall County and zoned R-3 One-Family Residence in the county.' According to the Kendall County Zoning Ordinance, uses within their R-3 One-Family Residence District are similar in classification as uses in the City's R-2 One-Family Residence District which permits single family detached dwellings, parks, accessory buildings and other similar low-density uses and abuts the subject property to the south. The petitioner is seeking to annex an approximately 0.90-acre property located southwest of McHugh Road and Farmstead Drive,just north of the Heartland residential subdivision and just west of the Heartland Center business development (see attached aerial) to within the City of Yorkville's corporate boundaries and rezone the land as R-4 General Residence District. The property, which is currently being rented, has a single family residence and various detached accessory structures and is contiguous to the City of Yorkville's corporate boundaries along its southern and western property lines. Rezoning Request Staff has analyzed the existing land uses and zoning surrounding the subject property in consideration of the proposed rezoning to within the R-4 General Residence District. The following chart provides details of those land uses: Existing Zoning Use Existing Land Comments B-3 Highway Business Residential properties located in North District Residential unincorporated Kendall County. (Kendall County) R-2 One-Family Residential Residential properties located in South District Residential Heartland Subdivision. Heartland Center retail development; East B-3 Service Business District Commercial Intervening Transportation Land Use (Farmstead Drive). R-3 One-Family Residence Residential properties located in West District(Kendall County) Residential unincorporated Kendall County. As indicated in the chart above and illustrated on the attached map, the properties within the immediate area surrounding the subject parcel are primarily zoned for single family residential and 1 http://www.co.kendall.il.us/zoning/zoning ordinance/PBZ_zoning 08.pdf commercial land uses within the City and Kendall County. As stated previously, the county's R-3 One-Family Residence District accommodates single family detached dwellings, parks, accessory buildings and other similar low-density uses, which is similar in character to the city's R-2 One- Family Residential District. While not immediately adjacent to the subject property but within close proximity, there is a multi-family residential apartment complex, The Reserves at Fox River, which is similar to the subject property's requested land use and zoning. However, the properties located immediately to the south are zoned R-2 One-Family Residential District, which, if approved for R-4 zoning, will require a transitional yard of thirty feet (30') as a visual landscape buffer between the land uses. Bulk Requirements Since the proposed rezoning request contemplates the future construction of a multi-family residential development, a detailed review of the R-4 General Residence District bulk regulations was conducted to analyze compliance with the proposed annexed property. The following R-4 bulk regulations will apply: • Yard Area requirements for the R-4 General Residence District are as follows: • Front Yard: Thirty feet(30')minimum setback. • Side Yard: Twelve feet(12')minimum setback or sixty percent(60%) of the building height, whichever is greater. • Corner Side Yard: Twenty feet(20')minimum setback. • Rear Yard: Forty feet(40')minimum setback. • Maximum Lot Coverage for the R-4 General Residence District is thirty percent (30%)which includes buildings or structures and accessory buildings. • Maximum Building Height requirements for the R-4 General Residence District are as follows: o Multi-family dwelling units shall have not more than six(6) stories or eighty feet(80'), whichever is lower. While no formal plan is proposed for the future redevelopment of the site, the Petitioner envisions a multifamily residence development on the property consistent with housing permitted within the R-4 District (i.e. duplexes, townhomes, condos or apartments). Based upon the density standards of the R-4 District and the size of the property, the following maximum unit number and dwelling types would be permitted: Dwelling Type Density Permitted Maximum Unit Number Permitted 4,500 square feet minimum lot Duplex area per dwelling (assuming a Max. 8 Dwelling Units 3 bedroom unit) 5,000 square feet minimum lot Townhome area per dwelling (assuming a Max. 7 Dwelling Units 4 bedroom unit) 4,000 square feet minimum lot Condo/Apartment area per dwelling (assuming a Max. 8 Dwelling Units 2 bedroom unit) 2 Section 10-6F-3 of the Yorkville Zoning Ordinance provides that the allowable density based upon the gross area shall not exceed eight(8)dwelling units per gross acre. Comprehensive Plan The City's Comprehensive Plan Update 2008 had designated this parcel as "Suburban Neighborhood" which is intended primarily for single-family detached residences," preserving the existing housing stock and creating new lower density environments." The gross density envisioned for the Suburban Neighborhood classification is indicated as about 1.5 dwelling units per acre to 2.25 dwelling units per acre. Other Code Compliance: Appearance Code - The proposed new buildings will be subject to the City's Appearance Code standards. o Masonry products shall be incorporated on the front fagade of at least seventy five percent (75%) of the total buildings and shall incorporate a minimum of fifty percent(50%)premium siding material on the front fagade. Off-Street Parking - Off-Street Parking (Title 10 Chapter 11) regulations would apply to the future development of the property. • One and Two-Family dwellings- minimum of 2 enclosed parking spaces for each dwelling units. • Multi-family dwellings — minimum of 2 parking spaces with 1 enclosed parking space for each dwelling unit. Sanitary District — The Yorkville Bristol Sanitary District (YBSD) has stated while it is advisable that the landowner should annex to the Sanitary District so the District and the City can expand together, it is not required. Should the owner annex to the sanitary district, annexation and Infrastructure Participation Fees (IPF) would apply, which are $4228/acre. It was also noted that if the land owner's septic system fails in the future and a sanitary sewer is within 100 feet of their property line,they would be required to connect and annex at that time. Landscaping Ordinance — Although the Integrated Transportation Plan (ITP) indicates that a trail is to be located along McHugh, staff recommends installing sidewalk along McHugh, and verification from EEI that no additional easement language or width is required for when the City needs to remove the sidewalk and install a trail. Additionally, sidewalk will be required along Farmstead Drive. o The Landscape Ordinance 2009-42 will apply. This includes, but is not limited to, parkway trees, parking lot landscaping, and a 30' landscape buffer yard between single family and multi-family residential with 3 shade trees, 3 evergreen trees, and 2 ornamental trees per 100 lineal feet of buffer yard. Staff Comments: While the trend of development in the area surrounding the subject property (multifamily residential immediately to the east and a commercial land use to the west)may support a more denser transitional residential land use than the current single family detached, it is staff's position that without a definitive land plan which details proposed buffer areas, parking layout and above all housing type and density, full support for the rezoning request to R-4 is challenging. According to Section 10-4-5 of the City's Zoning Ordinance, all petitions for annexation upon approval will be automatically classified in the R-1 One-Family Residence District until otherwise requested for rezoning before the Plan Commission. In the interest of time, the Petitioner has filed concurrent applications for annexation and rezoning. The Plan Commission's recommendation will be forwarded to the City Council for consideration as part of the petitioner's public hearing request for annexation at their meeting scheduled for August 27, 2013. Findings of Fact: In considering rezoning requests, the Zoning Ordinance requires the Plan Commission to make findings based upon the evidence presented to it in each specific case with respect to the following matters: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11-4-1976) Additional factors to be considered for an amendment to a zoning ordinance as determined by the `LaSalle' and `Sinclair' cases should also be considered. These factors are as follows: 1) The existing uses and zoning of nearby property; 2) The extent to which property values are diminished by the particular zoning restrictions; 3) The extent to which the destruction of property values of plaintiff promotes the health, safety, morals, and general welfare of the public; 4) The relative gain to the public as compared to the hardship imposed upon the individual property owner; 5) The suitability of the subject property for the zoned purposes; 6) The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property; 7) The community need for the proposed use; and, 8) The care with which the community has undertaken to plan its land use development. The petitioner has provided responses to the above standards and additional factors in their application for rezoning which has been attached for your reference. Proposed Motion: In consideration of testimony presented during a Public Hearing on July 10, 2013 and discussions conducted at that meeting, the Plan Commission recommends approval to the City Council of a request rezoning of the subject property upon annexation to within the R-4 General Residence District, as proposed by Peter Occhipinti, as submitted in an application dated June 20, 2013, subject to recommendations in Staff's memorandum dated August 8, 2013 and further subject to [insert any additional conditions of the Plan Commission]... Attachments: 1. Copy of Petitioners' Application w/attachments. 2. Aerial of Subject Property. 3. City Zoning Map of Subject Property and surrounding area. 4. County Zoning Map of Subject Property and surrounding area. 5. Plat of Survey,prepared by S.H. Campbell Land Surveying, dated November 17,2011. 6. Copy of Public Notice. J� 0� EST. , `� � 1636 0 a x.mmc.unry ` United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-3436 APPLICATION FOR REZONING Purpose •p An application for Map Amendment,or commonly referred to as"rezoning",is a requestto reclassify a property from one zoning designation to within another zoning district. Requests for rezoning must not be merely arbitrary, but has to have validity as to the appropriate zoning classification for the existing or proposed land use in consideration of certain factors such as:the existing land use and zoning of the surrounding properties; suitability of the land use within the current zoning district; the trend of development in the general area; impact the proposed rezoning would have on traffic; the potential diminishment of property values due to the rezoning; and the promotion of public health, safety, morals or general welfare of the public as a result of the proposed rezoning. This packet explains the process to successfully submit and complete an Application for Rezoning. It includes a detailed description of the process and the actual application itself(Pages 6 to 12). Please type the required information in the application on your computer. The application will need to be printed and signed by the applicant. The only item that needs to be submitted to the city from this packet is the application. The rest of the packet is to help guide you through the process unto completion. For a complete explanation of what is legally required throughout the Rezoning Request process,please refer to "Title 10, Chapter 14, Section 7 Amendments"of the Yorkville,Illinois City Code. I Application • Procedure i Step I Submit Application, Fees, and All Pertinent Information to the Community Development Department Step 2 If Applicable Plan Council Review (Meets 2nd and 4th Thursday of the month) Z Step 3 Plan Commission Public Hearing (Meets 2nd Wednesday of the Month) Step 4 City Council Public Hearing (Meets 2nd and 4th Wednesday of the Month) 2 Procedure Step I Application Submittal The following must be submitted to the Community Development Department: • 2 original signed applications with legal description. • 5 copies each of the application and exhibits, proposed drawings, location map, and site plan. Large items must be folded to fit in a 10"x 13"envelope. • Appropriate filing fee. (See attached Fee Sheet on page 5) • I CD containing an electronic copy (pdt) of each of the signed application (complete with exhibit),proposed drawings, location map,and site plan. A Microsoft Word document with the legal description is required on the CD. Within one(1)week of submittal,the Community Development Department will determine if the application is complete or if additional information is needed. These materials must be submitted a minimum of 45 days prior to the targeted Plan Commission meeting. An incomplete submittal could delay the scheduling of the project. Applicant will be responsible for payment of recording fees and public hearing costs, including written transcripts of the public hearing and outside consultant costs(i.e.legal review,land planner,zoning coordinator, environmental, etc.). The applicant will be required to establish a deposit account with the city to cover these fees. The Petitioner Deposit Account/Acknowledgement of Financial Responsibility form is attached to this document and must be submitted with the application. Plan Council (If Applicable) Applicant may present the proposed request to the Plan Council. The Plan Council meets on the 2nd and 4th Thursday of the month. The members of the Council include the Community Development Director, City Engineer,the Building Department Official,the Public Works Director,the Director of Parks and Recreation,a Fire Department Representative,and a Police Department Representative. Upon recommendation by the Plan Council, applicant will move forward to the Plan Commission hearing. Plan Commission Applicant will attend a public hearing conducted by the Plan Commission. The Plan Commission meets on the 2nd Wednesday of the Month at 7:OOpm. Notice will be placed in the Kendall County Record by the United City of Yorkville. The applicant is responsible for sending certified public hearing notices to adjacent property owners within 500 feet of the subject property no less than 15 days and no more than 30 days prior to the public hearing date. Twenty Four (24) hours prior to the public hearing, a certified affidavit must be filed by the applicant with the Community Development Department containing the names, addresses and permanent parcel numbers of all parties that were notified. The Plan Commission will conduct a public hearing on the request, take public comments, discuss the request, and make a recommendation to City Council. 3 Application • Step 4 City Council Applicant will attend the City Council meeting where the recommendation of the rezoning request will be considered. The City Council meets on the 2nd and 4th Tuesdays of the month at 7:OOpm. City Council will make the final approval of the rezoning request. Dormant Applications The Community Development Director shall determine if an application meets or fails to meet the requirements stated above. If the Director determines that the application is incomplete it will become dormant under these circumstances: • The applicant has been notified of such deficiencies and has not responded or provided a time line for completing the application within ninety(90)days from the time of notification. • The applicant has not responded in writing to a request for information or documentation from the initial plan commission review within six(6)months from the date of that request. • The applicant has not responded to a request for legal or engineering deposit replenishment for city incurred costs and fees within ninety(90)days from the date of the request. If the Community Development Director has sent the required notice and the applicant has not withdrawn their application or brought it into compliance, then the director shall terminate the application. After termination, the application shall not be reconsidered except after the filing of a completely new application. Withdrawal or termination of an application shall not affect the applicant's responsibility for payment of any costs and fees,or any other outstanding debt owed to the city.The balance of any funds deposited with the city that is not needed to pay for costs and fees shall be returned to the applicant. (Ord.2011-34, 7-26-2011) 4 C/Ty United City of Yorkville 2 a 0 800 Game Farm Road Yorkville,Illinois 60560 rs: 1036 Telephone: 630-553-4350 tin tom- Fax: 630-553-7575 �2 INVOICE&WORKSHEET PETITION APPLICATION CONTACT: DEVELOPMENT/PROPERTY: lied I►.ePvu 'g Acreage: Or 904 C S Date: Concept Plan Review: []Yes 1 l No $ Engineering Plan Review Deposit of$500 due Amendment: []Yes []No $ $500.00 Fee due for each: (Annexation) (Plan) (Plat) (PUD) Annexation: []Yes []No $ $250.00,plus$10 1acre for each acre over 5. #ofacres: -5= x$10= +$250 Rezoning: Yes []No S a06 $2 0.00,plus$10/acre for each acre over 5. #ofacres: -5= x$10= +$200 If annexing and rezoning,charge only I per acre fee. If rezoning to a PUD,charge PUD Development Fee-not Rezoning Fee. Special Use: [I Yes []No $ $250.00,plus$10/acre for each acre over 5. #ofacres: _-5=_X$10— +$250 Zoning Variance: $85.00 11 Yes 1]No $ Outside Consultants deposit of$500.00 due Preliminary Plan Fee: $500.00 11 Yes []No $ P.U.D.Fee: $500.00 []Yes []No $ Final Plat Fee: $500.00 []Yes []No $ Engineering Plan Review Deposit: []Yes []No $ []Less than I acre=$1,000 due []Over l acre and less than 10 acres—$2,500 due []Over 10 acres and less than 40 acres=$5,000 due []Over 40 acres and less than 100 acres=$10,000 due - []Over 100 acres=$20,000 due / J Outside Consultants Deposit: 1]Yes []No $ IHO�CGt Legal,Land Planner,Zoning Coordinator,Environmental Services Annexation,Subdivision,Rezoning and Special Use: []Less than 2 acres=$1,000 due []Over 2 acres and less than 10 acres=$2,500 due []Over 10 acres=$5,000 due TOTAL AMOUNT DUE: $ Woo O Dove/nev.0.y.ARO/Fee SM t WAet 5 Application For Re-Zoning STAFF USE ONLY Date of Submissioni PC# Development Name Information Applicant Name ofApplicant(s) Business Address City State I ZIP Business Phone Business Fax Business Cell Business E-mail Property Information Name of Holder of Legal Title If Legal Title is held by a Land Trust, list the names of all holders of any beneficial interest therein: Property Street Address Description of Property's Physical Location Zoning and Land Use of Surrounding Parcels North East South West Current Zoning Classification S Requested Zoning Classificaion Comprehensive Plan Future Land Use Designation I Total Acreage Kendall County Parcel Number(s)Within Proposed PUD 6 Application • Rezoning Property • List all governmental entities or agencies required to receive notice under Illinois law: ^ No 14E — Is the property within City limits? Yes ❑ No IET Does a floodplain exist on the property? Yes F] No ormation Attorney Name Address City State ZIP 0 Phone Fax E-mail Engineer Name Address City State I ZIP 0 Phone Fax E-mail Planner Name Address Ciry r State ZIP Phone Fax E-mail 7 Application For Rezoning Rezoning Standards Please state the existing zoning classification(s)and uses of the property within the general area of the proposed rezoned property: Please state the trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification: Please state the extent to which property values are diminished by the particular zoning reshictions: N 6 " L� Please state the extent to which the destruction of property values of plaintiff promotes the health, safety, morals,and general welfare of the public: /V 0Ni� 8 Application For Rezoning Rezoning Standards Please state the relative gain to the public as compared to the hardship imposed upon the individual property owner: -ro p&AL,e , rA,( ,A-PD e� PR o r ercyy Please state the suitability of the subject property for the zoned purposes: E Please state the length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property: A/ A Please state the community need for the proposed land use: 9 Application For Rezoning Rezoning Standards With respect to the subject property,please state the care with which the community has undertaken to plan its land use development: Please state the impact that such reclassification will have upon traffic and traffic conditions on said routes;the effect,if any, such reclassification and/or annexation would have upon existing accesses to said routes;and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes (Ord. 1976-43, 11-4-1976): Mo nr� Attachments Applicant must attach a legal description of the property to this application and title it as"Exhibit A". Applicant must list the names and addresses of any adjoining or contiguous landowners within 500 feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as"Exhibit B". 10 Application For Rezoning Agreement I verify that all the information in this application is true to the best of my knowledge. I understand and accept all requirements and fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. I understand all of the information presented in this document and understand that if an application becomes dormant it is through my own fault and I must therefore follow the requirements outlined above. .11pplicant Signature Date ` 6 - 20 ,/3 THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE IN THE SPACE BELOW: [Ail 11 i I ,(Ep CrT` United City of Yorkville County Seat of Kendall County Petitioner Deposit Account / 800 Game Farm Road p 6L Telephone: i630-5 3-4 Acknowledgment of Financial s Telephone: 630-553-4350 Fax: 553-7575 Responsibility Website:ite: www.Yorkville.il.us Develogment/Prop/e�r�ty Address: Project No.: FOR CITY USE ONLY Fund Account No.: FOR CITY USE ONLY 7l lI-lC /7rl G 12 0• Petition/Approval Type: check appropriate box(es) of approval requested ❑ Concept Plan Review ❑ Amendment (Text) (Annexation) (Plat) ❑ Annexation Rezoning ❑ Special Use ❑ Mile and V2 Review ❑ Zoning Variance ❑ Preliminary Plan ❑ Final Plans ❑ P.U.D. ❑ Final Plat Petitioner Deposit Account Fund: It is the policy of the United City of Yorkville to require any petitioner seeking approval on a project or entitlement request to establish a Petitioner Deposit Account Fund to cover all actual expenses occurred as a result of processing such applications and requests. Typical requests requiring the establishment of a Petitioner Deposit Account Fund include, but are not limited to, plan review of development approvals/engineering permits. Deposit account funds may also be used to cover costs for services related to legal fees, engineering and other plan reviews, processing of other governmental applications, recording fees and other outside coordination and consulting fees. Each fund account is established with an initial deposit based upon the estimated cost for services provided in the INVOICE & WORKSHEET PETITION APPLICATION. This initial deposit is drawn against to pay for these services related to the project or request. Periodically throughout the project review/approval process, the Financially Responsible Party will receive an invoice reflecting the charges made against the account. At any time the balance of the fund account fall below ten percent (10%) of the original deposit amount, the Financially Responsible Party will receive an invoice requesting additional funds equal to one-hundred percent (100%) of the initial deposit if subsequent reviews/fees related to the project are required. In the event that a deposit account is not immediately replenished, review by the administrative staff, consultants, boards and commissions may be suspended until the account is fully replenished. If additional funds remain in the deposit account at the completion of the project, the city will refund the balance to the Financially Responsible Party. A written request must be submitted by the Financially Responsible Party to the city by the 15th of the month in order for the refund check to be processed and distributed by the 15d, of the following month. All refund checks will be made payable to the Financially Responsible Party and mailed to the address provided when the account was established. ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY Name/Company Name: Address: City: State: Zip Code: V6 DCWIpl r (5 &cam w1N&90IC 4an ,8,41`4 14 . (o O/ 48 c1ephone: Mobile: Fax: E-mail: G 0 / V Financially Responsible Party: I acknowledge and understand that as the 'Fintncially Responsible Party, expenses may exceed the estimated initial deposit and, when requested .by the United City of Yarleviile; 1 will provide additional funds to maintain the required account balance. Further, the sale or other disposition of the property does not relieve the individual or Company/Corporation of their obligation to maintain a positive balance in the fund account, unless the United City of Yorkville approves a Change of Responsible Party and transfer of funds. Should the account go into deficit, all City work may stop until the requested replenishment deposit is received. Print Name: 1p i� -1/e. �0t'�W/)0/'W Title: 0 u-/y � Signature*: 414 � Date: *The name of the individual out the person who signs this declaration must be the same. If a corporation is listed, a corporate officer must sign the declaration (President, Vice-President, Chairman, Secretary o• Treasurer) FOR CITY USE ONLY ACCOUNT CLOSURE AUTHORIZATION: Date Requested; ❑ Completed ❑ Inactive Print Name: ❑ Withdrawn ❑ Collections Signature: ❑ Other DEPARTMENT ROUNTING FOR AUTHORIZATION: ❑ Comm Dev. ❑ Building ❑ Engineering ❑ Finance ❑ Admin. 12 402 PLAT LEGAL DESCRIPTION THAT PART OF THE EAST HALF OF SECTION 28, TOWNSHIP 37 NORTH RANGE 7 EAST OF THE THIRD PRINCIPAL MWRIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 45 OF FOX RIVER GARDENS SUBDIVISION; THENCE NORTH 20 DEGREES '10 MINUTES O'0"SECONDS EAST, ALONG THE :WESTERLY LINE OF SAID SUBDIVISION, 1479. 25 FEET TO - THE MOST NORTHERLY CORNER OF LOT 27 IN SAID SUBDIVISION; THENCE NORTH 72 DEGREES 02 MINUTES 51 SECONDS WEST, ALONG THE SOUTHERLY LINE OF TUMA ROAD, `1360.. 96 IFEET; THENCE SOUTH 49 DEGREES 29 MINUTES 08 SECONDS WEST, 886. 93 FEET; THENCE NORTH 40 DEGREES 20 MINUTES 48 SECONDS WEST, 505. 41 FEET TO THE CENTERLINE OF MCHUGH ROAD; THENCE SOUTH 49 DEGREES 20 MINUTES 00 SECONDS WEST, ALONG SAID CENTERLINE. 553. 68 FEET; THENCE SOUTH 46 DEGREES .22 MINUTES 55 SECONDS EAST, ALONG SAID CENTERLINE, 116.93 FEET TO THE MOST NORTHERLY CORNER OF NELLIE BRANDT SUBDIVISION ; j THENCE SOUTH 43 DEGREES 22 MINUTES 55 SECONDS EAST, ALONG THE NORTHEASTERLY LINE OF SAID SUBDIVISION , 229. 39 FEET TO THE MOST EASTERLY CORNER OF SAID SUBDIVISION; THENCE SOUTH 46 DEGREES 41 MINUTES 58 SECONDS WEST, ALONG THE SOUTHEASTERLY LINE OF SAID SUBDIVISION , 150. 0 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 59 DEGREES 06 MINUTES 43 SECONDS WEST, 190.47 FEET; THENCE NORTH 43 DEGREES 22 MINUTES 03 SECONDS WEST 1 '90.'0:5 FEET TO THE CENTERLINE OF MCHUGH ROAD; THENCE NORTH 46 DEGREES 05 MINUTES 18 SECONDS EAST, .ALONG SAID CENTERLINE, 185. 98 FEET TO THE MOST WESTERLY CORNER OF SAID NELLIE BRANIDT SUBDIVISION; THENCE SOUTH 43 (DEGREES 22 MINUTES 03 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE OF SAID SUBDIVISION , 232. 98 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, KEND,ALL COUINI"Y, ILLINOIS. . - 1 - 34 &Veterans-Pkwy _ i i ,kIlft M N N A >, CO Ile Ok f x 4 / O ` Y " °, LOCP ti S� Sp � S Heartland-Or S United City The Data is provided without warranty or any representation of v y of Yorkville GIS accuracy,timeliness,or completeness.It is the responsibility of the Wt, c- Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and `d Provided By Kendall County GIS appropriateness of its use. 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S 4510 93 X707 B n -1062 231 B i 1.41 PL 10 _LW PLO -011 411$ g3 49 a� BAc P13 Pt-012 PL-024 i °� Ft 11 x* Pt 7.60 = Pt-015 P1-002 j �+ R3 +' Pt.10 Fi 0 -001 :ti VOA PLR-2B-M2-015 ' PL 200 Pt17 ' -00 4 PL OZ29-252-624 C � "3 u Pt 7:90 Pt 9 � Heartlatld Or b fi OP f 4- , s d PI 272 Cr 2 r Pt.02-2&404-003 Pt 11 PL 02-28-331-004 r''1�3 fi G 7711 PLAT OF SURVEY NORTH LEGAL DESCRIPTION 1 ~1 THAT PART OF THE EAST HALF OF SECTION 28, TOWNSHIP 37 NORTH RANGE 7 EAST SCALE: 30" OF THE THIRD PRINCIPAL MWRIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE BEARING SYSTEM : SOUTHWESTERLY CORNER OF LOT 45 OF FOX RIVER GARDENS SUBDIVISION; THENCE NORTH 20 DEGREES 10 MINUTES 00 SECONDS EAST, ALONG THE WESTERLY LINE OF ASSUMED THE NORTHWESTERLY SAID SUBDIVISION, 1479. 25 (FEET TO THE MOST NORTHERLY CORNER OF LOT 27 IN SAID LINE OF LOTS 72 AND 73 IN SUBDIVISION; THENCE NORTH 72 DEGREES 02 MINUTES •51 SECONDS WEST, ALONG THE HEARTLAND IN YOWMLLE—UNIT 1 SOUTHERLY LINE OF TUMA ROAD, 1360.96 (FEET; THENCE SOUTH 49 DEGREES 29 5 59. 06' 43" W MINUTES 08 SECONDS WEST, 886. 93 FEET; THENCE NORTH 40 DEGREES 20 MINUTES 48 SECONDS WEST, 505. 41 FEET TO THE CENTERLINE OF MCHUGH ROAD ; THENCE SOUTH 49 DEGREES 20 MINUTES 00 SECONDS WEST, ALONG SAID CENTERLINE, 553.68 FEET; N 60.9,, THENCE SOUTH 46 DEGREES ,22 MINUTES 55 SECONDS EAST, ALONG SAID CENTERLINE, 2 gy " 116.93 FEET TO THE MOST NORTHERLY CORNER OF NIELLIE BRANDT SUBDIVISION ; W THENCE SOUTH 43 DEGREES 22 MINUTES 55 SECONDS EAST, ALONG THE ya NORTHEASTERLY LINE OF SAID SUBDIVISION, 229. 39 FEET TO THE MOST EASTERLY a� CORNER OF SAID SUBDIVISION; THENCE SOUTH 46 DEGREES 41 MINUTES 58 SECONDS ti ° WEST, ALONG THE SOUTHEASTERLY LINE OF SAID SUBDIVISION , 150. 0 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 59 DEGREES 06 MINUTES 43 SECONDS WEST, y"o 00s a° 190.47 FEET; THENCE NORTH 43 DEGREES 22 MINUTES 03 SECONDS WEST 190.O�v FEET a�ryp �'o• ,, y TO THE CENTERLINE OF MCHUGH ROAD; THENCE NORTH 46 DEGREES 05 MINUTES 18 , SECONDS EAST, ALONG SAID CENTERLINE, 185, 98 FEET TO THE MOST WESTERLY e. ty CORNER OF SAID NELLIE BRANDT SUBDIVISION; THENCE SOUTH 43 DEGREES 22 MINUTES 03 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE OF SAID SUBDIVISION , y . d 232. 98 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, NI - I a° KENDALL COUNTY, ILLINOIS. — - -- � ry ,t, cy gyp � p x h SGT p !h JI it ti S` �0,� titi P'� Op T� 4c`ti0 0 `w �O 'lpj�\a Jsli s V f �fJ � �fc'�• h' (ysl' Ail,• ,�, L �. � ��'��MFP �o. OF AREA — 39 , 335 SQ . FT, " �, �r p� ou aIV �f �y°° ��, s'�146 OR 0 , 90 ACRE sA• 1R'� � . r�C�' _ i JIM f ati ao� %p QG `r.. o 0 'L Z on { �C 22• Q Q, a3 G 0 `u p. Kati O per` \gyp pFL�� 06 �yC! X20 \ v . '�n. 2'cP• 'ALti s�`�hAial, �v` • k O Ova _ \ !y p> ry A � ,L n r LOT 72 °F \ \ LOT 73 Nil NOTE: R. & M. DENOTE RECORD AND MEASURED DIMENSIONS \ LOT 74 � '\ � State of IlgROla III � \ Countyof Coale CLIENT: JEFFERY MCFLROY _ 1pqufUgl � , r, Scud H. Campbell, anIl JOB ADDRESS: 1100 MCHUGH ROAb. YORKVI LL E' IL ,„,. � � / IInDIsPfoleSSlOnel Land Sulvayrn, dalherehy�cedirymat �Thls JOB NO: 11 - 11 - 009 _ d� C h mfassionai service cradomnsto lie conentltleloisminimum standards tor aboundary \ ♦♦♦` '� . \”°•°4'4•• A�g� Survey", and that the plat hereon drawn IS a cortnct reprasenl'atlon of said Survey. V 1% moo Z'r� r 035-003132 oC : Dated, thl3 1 da NOVEMBER 2011 4 PROFESSIONAL E #_ LAND SURVEYOR LAND SURVEYING y '";STATE OF ILLINOIS 8432 SOUTH 84TH AVENUE TEL; (708 594- 5370 ' ''' �o , mom ( ,A,' O�hAr1 ii1i11Ua�♦,?♦♦♦ Uconsea �Yns No ember30 a012 No. 3132 HICKORY HILLS IL. 6g4S7 FAX : 708 594- 5369 , NO IMPROVEMENTS SHOULD BE MADE ON THE BASIS OF THIS PLAT ALONE. FIELD F MONUMCNTATION OF CRITICAL POINTS SHOULD BE ESTABLISHED PRIOR TO + Gateflemwaa peflDfined 11 m- 16 - 11 COMMENCEMENT OF ANY AND AUL CONSTRUCTION. FOR BUILDING LINES, EASEMENTS AND OTHER RESTRICTIONS NOT SHOWN HEREON. REFER TO YOUR DEED, ABSTRACT, TITLE POLICY, CONTRACTS AND LOCAL BUILDING AND ZIONINO ORDINANCES, I µ PUBLIC NOTICE NOTICE OF PUBLIC HEARING FOR REZONING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2013-10 NOTICE IS HEREWITH GIVEN THAT, Mr. Pete Occhipinti, Petitioner and Owner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting that after annexation to the United City of Yorkville of its property in unincorporated Kendall County and zoned in the County's R-3 One-Family Residence District, that the property be zoned into the United City of Yorkville's R-4 General Residence District. The subject property consists of approximately 0.87 acres east of Illinois Route 47, immediately south of McHugh Road, and just west of Farmstead Drive. The legal description is as follows: THAT PART OF THE EAST HALF OF SECTION 28, TOWNSHIP 37 NORTH RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 45 OF FOX RIVER GARDENS SUBDIVISION; THENCE NORTH 20 DEGREES 10 MINUTES 00 SECONDS EAST, ALONG THE WESTERLY LINE OF SAID SUNDIVISION, 1479.25 FEET TO THE MOST NORTHERLY CORNER OF LOT 27 IN SAID SUBSIVISION; THENCE NORTH 72 DEGREES 02 MINUTES 51 SECONDS WEST, ALONG THE SOUTHERLY LINE OF TUMA ROAD, 1360.96 FEET; THENCE SOUTH 49 DEGREES 29 MINUTES 08 SECONDS WEST, 886.93 FEET; THENCE NORTH 40 DEGREES 20 MINUTES 48SECONDS WEST, 505.41 FEET TO THE CENTERLINE OF MCHUGH ROAD; THENCE SOUTH49 DEGREES 20 MINUTES 00 SECONDS WEST, ALONG SAID CENTERLINE, 553.68 FEET; THENCE SOUTH 46 DEGREES 22 MINUTES 55 SECONDS EAST, ALONG SAID CENTERLINE, 116.93 FEET TO THE MOST NORTHERLY CORNER OF NELLIE BRANDT SUBDIVISION; THENCE SOUTH 43 DEGREES 22 MINUTES 55 SECONDS EAST, ALONG THE NORTHERLY LINE OF SAID SUBDIVISION, 229.39 FEET TO THE MOST EASTERLY CORNER OF SAID SUBDIVISION; THENCE SOUTH 46 DEGREES 41 MINUTES 58 SECONDS WEST, ALONG THE SOUTHEASTERLY LINE OF SAID SUBDIVISION, 150.0 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 59 DEGREES 06 MINUTES 43 SECONDS WEST, 190.47 FEET; THENCE NORTH 43 DEGREES 22 MINUTES 03 SECONDS WEST 190.05 FEET TO THE CENTERLINE OF MCHUGH ROAD; THENCE NORTH 46 DEGREES 05 MINUTES 18 SECONDS EAST, ALONG SAID CENTERLINE, 185.98 FEET TO THE MOST WESTERLY CORNER OF SAID NELLIE BRANDT SUBDIVISION; THENCE SOUTH 43 DEGREES 22 MINUTES 03 SECONDS EAST ALONG SAID SOUTHERLY LINE OF SAID SUBDIVISION, 232.98 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, KENDALL COUNTY, ILLINOIS. PIN#02-28-253-002 NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, August 14, 2013 at 7 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, 60560. The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk Ordinance No. 2013- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS, AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR THE PROPERTY AT 1100 MCHUGH ROAD WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, West Suburban Land Trust Number _ is the owner (the "Owner"), and desires to enter into an Annexation Agreement (the "Agreement"), regarding property owned by the Owner which is approximately .87 acres legally described and identified in the attached Petition for Annexation(the "Subject Property"); and, WHEREAS, the Owner desires to annex the Subject Property to the City for the purpose of constructing multiple family residences; and, WHEREAS, the Subject Property is contiguous with the existing corporate limits of the City and is not within the boundary of any other City; and, WHEREAS, a public hearing was conducted by the Mayor and City Council (the "Corporate Authorities") on the annexation agreement on August 27, 2013, and all notices required by law have been given by the City and Owner; and, WHEREAS,the statutory procedures provided in Section 11-15.1-1 of the Illinois Municipal Code for the execution of the annexation agreement have been fully complied with; and, WHEREAS,the Corporate Authorities have concluded that the approval and execution of the proposed Annexation Agreement, attached hereto, is in the best interests of the health, safety, and welfare of the City. Ordinance No.2013- Page 1 NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: The above recitals are incorporated and made a part of this Ordinance. Section 2: The Annexation Agreement attached hereto and made a part hereof by reference as Exhibit A, be and is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute and deliver said Agreement. Section 3: This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2013. CITY CLERK ROSE ANN SPEARS DIANE TEELING KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO JOEL FRIEDERS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2013. MAYOR Ordinance No.2013- Page 2 STATE OF ILLINOIS ) COUNTY OF KENDALL ) ANNEXATION AGREEMENT 1100 McHugh Road THIS ANNEXATION AGREEMENT ("Agreement"), is made and entered into as of the day of , 2013, by and between West Suburban Bank Land Trust #6401 (the "O)NNER" and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (the "CITY') by and through its Mayor and City Council (the "Corporate Authorities"). WITNESSETH: WHEREAS, the OWNER is the owner of a certain tract of property comprising .87 acres legally described and identified in the Petition for Annexation, which is made a part hereof and attached hereto as Exhibit A, (the "PROPERTY') and which real estate is contiguous to the corporate limits of the CITY; and, WHEREAS, Peter Occhipinti is the sole beneficiary of the OWNER; and, WHEREAS, OWNER desires and proposes pursuant to the provisions and regulations applicable to the R-4 General Residence District of the Yorkville Zoning Ordinance for the future purpose of developing the PROPERTY for multiple family housing. WHEREAS, it is the desire of the OWNER and CITY that the development and use of the PROPERTY proceed in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. 1 WHEREAS, public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning on August 14, 2013 and the Corporate Authorities conducted the public hearing on this Agreement on August 27, 2013. WHEREAS, all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code regarding matters in this Agreement have been given. WHEREAS, The Corporate Authorities, after due and careful consideration, have concluded that the execution of this Agreement and the rezoning of the PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. LEGAL CONFORMANCE WITH LAW This Agreement is made pursuant to and in accordance with the provisions of Section 11-15.1-1 of the Illinois Municipal Code (65 ILCS 5111-15.1-1 et seq.) and the CITY ordinances, as amended from time to time. The above whereas clauses are hereby made a part of this Agreement by incorporation into this paragraph. 2. AGREEMENT: COMPLIANCE AND VALIDITY The OWNER has filed with the City Clerk a proper petition, Exhibit A, conditioned on the execution of this Agreement and the compliance with the terms and provisions contained herein, to annex the PROPERTY to the CITY. It is understood and agreed that this Agreement in its entirety, together with the aforesaid petition for annexation, shall be null, void and of no force and effect unless the PROPERTY is validly annexed to the CITY and is validly zoned and classified in the R-4 General Residence District as contemplated in this Agreement. 2 3. ENACTMENT OF ANNEXATION ORDINANCE The Corporate Authorities within 21 days of the execution of this Agreement by the CITY will enact a valid and binding ordinance (the "Annexation Ordinance") annexing the PROPERTY to the CITY. Said Annexation Ordinance shall be recorded with the Kendall County Recorder's Office along with the Plat of Annexation, attached hereto and made a part hereof as Exhibit C. Recordation shall take place no more than 30 days after enactment of the Annexation Ordinance. 4. ENACTMENT OF ZONING ORDINANCE Within 21 days after the passage of the Annexation Ordinance, the Corporate Authorities shall adopt a valid and binding ordinance zoning the PROPERTY in the R-4 General Residence District subject to the restrictions further contained herein and all applicable ordinance of the CITY as amended from time to time. 5. COMPLIANCE WITH APPLICABLE ORDINANCES The OWNER agrees to comply with all ordinances of the CITY as amended from time to time in the development of the PROPERTY, provided that all new ordinances, amendments, rules and regulations relating to zoning, building and subdivision of land adopted after the date of this Agreement shall not be arbitrarily or discriminatorily applied to the PROPERTY but shall be equally applicable to all property similarly zoned and situated to the extent possible. 6. PERMIT FEES Permit fees may be increased from time to time so long as said permit fees are applied consistently to all other developments in the CITY to the extent possible. 7. CONTRIBUTIONS The CITY shall require the OWNER to donate land or money to the CITY, or other governmental body, since the PROPERTY is being used for residential purposes in compliance with the current ordinances of the CITY. The OWNER acknowledges that the donations contained in this Agreement and City Code are made voluntarily by the OWNER, and the Owner 3 hereby waives for itself and its successors and assigns the right to contest at any time in the future the validity or the amount of the donations. 8. OVERSIZING OF IMPROVEMENTS In the event oversizing, deepening, or the location of public improvements is hereafter requested and properly authorized by the CITY for the purpose of serving property other than the PROPERTY, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 11 hereof, with OWNER providing for the payment of the cost of such oversizing, deepening or location by the owner of properties benefited by the same. The improvements which qualify as benefited properties shall be identified prior to the United City of Yorkville issuing a building permit for the PROPERTY. 9. RECAPTURE AGREEMENTS The CITY agrees that in accordance with Section 11-12-8 of the Illinois Compiled Statutes, (65 ILCS 5/11-12-8), the CITY shall enter into recapture agreements with the OWNER for a portion of the costs of certain public improvements constructed by OWNER which the CITY has determined may be used for the benefit of property (the "Benefited Properties") not located within the PROPERTY which will connect to and/or utilize said public improvements. 10. ONSITE EASEMENTS AND IMPROVEMENTS In the event that during the development of the PROPERTY, OWNER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of OWNER's obligation for the PROPERTY in accordance with this Agreement and City Ordinances, the CITY shall fully cooperate with owner 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 owner. 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, the CITY shall fully cooperate with the OWNER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the OWNER. Notwithstanding the foregoing, and as a condition precedent to any 4 vacation of easement, the OWNER 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. The CITY agrees to assist the OWNER to obtain necessary easements and Illinois Department of Transportation Permits to construct said improvements. 11. CONFLICT IN REGULATIONS The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 12. GENERAL PROVISIONS A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER and its successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNER and the CITY. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. 5 D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (1) If to OWNER: Peter Occhipinti 303 W. Windsor Lombard, I160148 with copies to: (2) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-7575 with a copy to: Kathleen Field Orr 53 West Jackson Blvd. Suite 964 Chicago, IL 60604 Fax: (312) 382-2127 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. 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 OWNER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the PROPERTY. F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of 6 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 amendment. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER to sell or convey all or any portion of the PROPERTY, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER, 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. L 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 OWNER. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNER's expense. 7 L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same document. N. 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 O. 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, CITY, or OWNER, including, but not limited to, county, state or federal regulatory bodies. Signature Page follows IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNER: CITY: WEST SUBURBAN BANK UNITED CITY OF YORKVILLE, LAND TRUST an Illinois municipal corporation By: By: 8 Mayor Attest: City Clerk 9 Ordinance No. 2013- AN ORDINANCE ANNEXING CERTAIN TERRITORY LOCATED AT 1100 MCHUGH ROAD TO THE UNITED CITY OF YORKVILLE, ILLINOIS WHEREAS,the United City of Yorkville (the "City") is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, a duly executed PETITION FOR ANNEXATION, signed by West Suburban Land Trust Number , the owner of record has been filed with the City, requesting that certain territory legally described hereinafter be annexed to the City; and, WHEREAS,there are no electors residing within said territory: and, WHEREAS,the said territory is not within the corporate limits of any municipality,but is contiguous to the City; and, WHEREAS, legal notices regarding the intention of the City to annex said territory have been sent to all public bodies required to receive such notice by state statute; and, WHEREAS, an affidavit of service has been recorded with the Office of the Kendall County Recorder in accordance with state statute; and, WHEREAS,the legal owner of record of said territory and the City have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the City that said territory be annexed. NOW, THEREFORE,BE IT ORDAINED by the Mayor and City Council of the Ordinance No.2013- Page 1 United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That the legal description and property index number(s) of the territory to be annexed are described on Exhibit A attached hereto and made a part hereof by reference. Section 2: That the territory described in Section 1 above is hereby annexed to the United City of Yorkville, Illinois. Section 3: That the City Clerk is hereby directed within 90 days from the effective date of this ordinance to record or cause to be recorded with the Office of the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of this Ordinance, together with the Plat of Annexation appended to this Ordinance. Section 4: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2013. CITY CLERK ROSE ANN SPEARS DIANE TEELING KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO JOEL FRIEDERS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2013. MAYOR Ordinance No.2013- Page 2 EXHIBIT A Legal Description and Property Index Number(s) Ordinance No.2013- Page 3 Ordinance No. 2013- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS,APPROVING THE ZONING INTO THE R-4 GENERAL RESIDENCE DISTRICT FOR THE PROPERTY LOCATED AT 1100 MCHUGH ROAD WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, West Suburban Land Trust Number , the owner (the "Owner") of property with Property Index Numbers and legally described on Exhibit A attached hereto and made a part hereof by reference (the "Subject Property") has entered into an Annexation Agreement to annex and zone the Subject Property. WHEREAS, Owner has filed a petition seeking to zone the Subject Property into the City's R-4 General Residence District; and, WHEREAS, the Planning Commission convened and held a public hearing on the 14th day of August, 2013, to consider the zoning after publication of notice and notice to property owners within five hundred (500) feet of the Subject Property; and, WHEREAS, the Planning Commission reviewed the standards set forth in Section 10- 7.B.5 and made findings of fact and recommendation to the Mayor and City Council (the "Corporate Authorities") for approval of the zoning. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: The above recitals are incorporated herein and made a part of this Ordinance. Section 2: That the Corporate Authorities hereby approve the zoning of the Subject Property, legally described on Exhibit A, into the City's R-4 General Residence District. Ordinance No.2013- Page 1 Section 3: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2013. CITY CLERK ROSE ANN SPEARS DIANE TEELING KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO JOEL FRIEDERS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2013. MAYOR Ordinance No.2013- Page 2 `� I] CfTy Reviewed By: X06 Legal Agenda Item Number Finance ❑ Public Hearing#2 EST. -� __ti 1836 Engineer ❑ City Administrator 0 : Human Resources ❑ Tracking Number Community Development PC 2013-12 Police ALE � Public Works ❑ Agenda Item Summary Memo Title: Prestwick of Yorkville (Yorkville Christian School)—Amended Annexation Agreement Meeting and Date: City Council/August 27, 2013 Synopsis: Request for amendment to an existing Annexation Agreement for a proposed new Christian high school. Council Action Previously Taken: Date of Action: April 25, 2005 Action Taken: Execution of Annexation Agreement Item Number: Type of Vote Required: Majority Council Action Requested: Vote Submitted by: Krysti J. Barksdale-Noble Community Development Name Department Agenda Item Notes: Memorandum 0 To: City Council 1es6 Esr. From: Krysti J. Barksdale-Noble, Community Development Director 1 `= CC: Bart Olson, City Administrator Date: August 21, 2013 oa= ® Subject: PC 2013-13 Prestwick of Yorkville—Yorkville Christian School Kendae counTy �� Public Hearing for Annexation Agreement Amendment Request <kE '►�' Petitioner's Request& Background: In April 2005, the Prestwick of Yorkville subdivision (1ka Highlands at Ashley Pointe), located in the southwest quadrant of IL Route 126 and Ashley Road, was granted annexation agreement approval via Ord. 2005-30 to construct a total of 345 single-family residential dwelling units on approximately 190 acres of land in two (2) phases to be platted as Unit 1 and Unit 2 within the R-2 One-Family Residence District. While both Units 1 and 2 were given Final Plat approval (Res. 2005-78 and Res. 2006-82, respectively), only Unit 1 of the Prestwick of Yorkville subdivision was recorded. Currently, four (4) single family homes in Unit 1 of the Prestwick of Yorkville Subdivision have been constructed. Since that time, the subdivision's original developer lost the property in foreclosure and ownership reverted back to Homestar Bank in 2012. In March of 2013, the Petitioners, John and Michelle Stewart, repurchased the entire property, which originally belonged to their family, for the purpose of revamping the land plan to replace some of the single-family lots in a portion of the development with a new private Christian high school focusing on agriculture and farming technologies. Although the current R-2 One-Family Residence District zoning identifies schools as a permitted use, the existing annexation agreement requires approval by the City Council to be amended in order to change the land use plan as proposed. Proposed Revised Land Use Plan The overall scope of the new land plan rests on the Petitioners' request to resubdivide an existing 43.62-acre lot in Unit 1 (Lot 358) of the Prestwick of Yorkville Subdivision, and a portion of Unit 2, to remove 84 lots originally platted for single-family residences to construct a new Christian high school (refer to attached reference plat). The newly resubdivided lot will then consist of approximately 32 acres of land planned for a state-of-the-art 60,000 square foot, three-level private secondary education facility, athletic fields, on-site parking and other accessory structures. Approximately 5.54 acres of land will be utilized for retention area and open space to be conveyed to the future homeowners association (HOA). Finally, the remaining 6.48 acres will be dedicated for public right-of-way as Whitekirk Lane and Mustang Way. The following comparison table details the change in density(dwelling units per acre) within this area of the development based on the existing and proposed plans: #of Dwelling Lots(Units) Net Area Residential Density(du/ac.) EXISTING 345 single-family lots 31.61Ac. 10.9 du/ac. PROPOSED 261 single-family lots 31.61 Ac. 8.3 du/ac. % Change Difference of 84 units(f24%Less) ---- Difference of 2.6 du/ac. (f24%Less) 1 As a result of the resubdivision Lot#'s 273-356 from"Prestwick of Yorkville Unit 2"were removed. As anticipated, the change in overall residential density is approximately 24% less in the proposed resubdivision of the development than the existing single-family detached residential land plan. With regard to the school site, the building foot print will encompass approximately 25,200 square feet of the approximately 31.61-acre site, well below the maximum 30% lot coverage allowed in the R-2 One-Family Residence District. This revised land plan for the school will require Final Plat approval with a recommendation forth coming from the Plan Commission. The Petitioners intend to submit a final plat for Unit 2 in the future for approval and recordation. Annexation Agreement Request Attached is a copy of the Petitioners' draft annexation agreement for the proposed new Ashley Pointe subdivision, which has been reviewed by the City Attorney. Below, are comments regarding the various sections of the proposed amended agreement which should be considered carefully by the City Council: 1. Final Plat: As previously mentioned, the Plan Commission has held a public hearing on August 14, 2013 regarding the proposed new final plat for the private Christian high school with a recommendation forthcoming. Therefore, paragraph 2, subparagraph C on page 2 should be revised to reflect the most updated revised version of the HR Green final plat plan. 2. Donations and Contributions: The Petitioners are seeking to receive credit against the Transportation Fee, typically $2,000/dwelling unit, for the required intersection improvements to IL Route 126 at Penman Road, Ashley Road and IL Route 126 and Ashley Road adjacent to the property. The cost of these improvements are estimated to exceed $1.4 million dollars versus the approximately $536,000 that would be collected in total from the proposed new residential dwelling units in the development (268 units x $2,000). The Petitioners are seeking to have this road contribution considered satisfied. 3. Land Cash: The Petitioners are requesting to revise the school and park land cash fees or provide land dedication as required under the terms of the amended agreement and set forth in a revised fee schedule (Exhibit E). They also propose that the land/cash contribution for parks be satisfied by the developer grading and seeding of a park site previously dedicated (indicated as "City Park" on attached plans) and the installation of a bicycle/pedestrian path. Staff maintains that the proposed grading and seeding of the park site is required per the Park Development Standards and cannot be used towards satisfying the contribution requirement. Further, staff has presented this request to the Park Board for their consideration and further discussion is provided below under"Land Cash/Park Board Comments". 4. Security Instruments: A subdivision bond has been provided to the City estimating $1.9 million which ensures all public improvements (including roadway improvements) will be completed per the Subdivision Control Ordinance. The Petitioners are also requesting that a reduction in the bond to remove the obligation of the developer for street parkway tree installation and public side-walk improvements, as this would be the responsibility of the individual builders of the lots. This is similar to previously amended annexation agreements approved by the City Council in recent years (e.g. Grande Reserve, Blackberry Woods, Autumn Creek, Bristol Bay, etc.). 5. Amendments to Ordinances: The request is to have the ordinance and fee lock revised from five (5) years of the original annexation agreement, which has since expired, to a new ten (10) year lock commencing from the date of the approved amendment. This would lock all proposed fees and current ordinances for this development until 2023. 6. Fees and Charges: The Petitioners have proposed to use the attached fee sheet(Exhibit E) for the new Ashley Pointe Subdivision. Note that most of the proposed fees are consistent with the City's current fee schedule with the exception of the development fees which has the following variations: DEVELOPMENT FEE CURRENT PROPOSED Municipal Building $1,759.00/unit $150.00/unit Library $500.00/unit $250 (Unit 1)/$500(Unit 2)per unit Bristol-Kendall Fire $1,000.00/unit $500(Unit 1)/$1,000(Unit 2)per unit The municipal building fee is proposed to revert back to the fee the original annexation agreement had established, but has since expired. The Library and Bristol-Kendall Fire fees reflect a partial prepayment by the developer (collected in May 2013), where fifty percent (50%) of the Library fee for Unit 1 was paid($26,000) and fifty percent (50%) of the BKFD fee for Unit 1 ($52,000) was paid leaving the remaining units in this phase paying $250.00 per lot and $500.00 per lot, respectively, at time of building permit. The lots in Unit 2 of Ashley Pointe will be required to pay the full amounts. The Petitioners are also requesting to pay the Weather Warning Siren Fees ($75/acre) at time of building permit, rather than in full at time of final plat as typically done. The total amount to be paid equals $14,535.00 which is roughly$1,493.89 per lot. 7. Term of the Agreement: The original 20 year term limit of the initial Annexation Agreement shall apply, meaning the agreement and any amendment hereto is set to expire in April 2025. However, in the event that a permit for construction is issued within that time, then all provisions of the amended agreement shall be enforceable. 8. Parkin for or High School: The proposed high school development anticipates a gradual build- up of its student body of a period of time, therefore they are requesting to "land-bank" a portion of the required parking per ordinance. Specifically, the request is to construct forty percent (40%) of the required parking and the remaining sixty percent (60%) installed at a future date. While our Off-Street Parking Regulations of the City of Yorkville's Zoning Ordinance does not provide a mechanism for land-banking or phased construction of required parking,staff is supportive of this planning tool as it benefits the developer with lessening the upfront expense of asphalting a large area which will not immediately be needed; but more importantly, it reduces the amount of impervious surface lessening the storm water runoff. 9. Site Development: The Petitioners are seeking a site development permit issued prior to final engineering approval for mass grading work, and approval of building foundation only permit upon submittal of approved plans to allow for the start of construction this calendar year. This is similar to the request granted to the Kendall Crossing development to accommodate the construction schedule for the movie theater building. 10. Park Site: The request is to have the developer install a bicycle path within the previously dedicated park site (Lot 359) at a location approved by the City. While staff recognizes the proposed bicycle path on the City park site is planned to connect to a future private trail system on the school property, it should be noted that public sidewalk is already proposed for the park site which would link up to the trail system and would be a redundancy of efforts. Therefore, staff recommends in place of a bicycle path on this lot, the developer constructs a paved area at a size and in a location of the City's choosing, to accommodate vehicular parking. 11. School Identification Sign: A request for one (1) free standing permanent school ground mounted/monument sign to be located off-site on a lot in Unit 1 near a main intersection is understandable from a visibility perspective. The proposed sign, illustrated in the attached signage elevations,would have a maximum height of 15 feet and a sign area of 50 square feet per side, inclusive of the electronic message display panel. This is larger in area and height than what is currently permitted for electronic message display panels for commercial users (32 sq. feet and 8 ft. maximum). Land Use/Zoning Considerations The property is currently zoned R-2 One-Family Residence District which has the following permitted uses per Section 10-6C-1, 10-613-1 and 10-6A-1 of the City of Yorkville Zoning Ordinance: • Single-family detached dwellings • Accessory Uses • Off-Street Parking Facilities • Schools - public, private or denominational, elementary and high schools including playgrounds, garages for school buses and athletic fields, auxiliary thereto. All of the above permitted uses are proposed by the Petitioners for the redevelopment of the site. It is staffs opinion that the proposed school and associated accessory uses (electronic scoreboard; permanent and temporary sponsor signage; athletic field lighting; outdoor parking; concession/restroom buildings; school bus parking and garage; and street parking) are out-right permitted in the R-2 zoning district. With regards to the retail store component and equestrian/riding arena, an argument can be made that this is also an accessory use and auxiliary to the primary use of the property which is an agricultural-based school curriculum. The mock silos used to house an internal stairway, proposed to exceed the maximum 35 feet building height for non-residential buildings and structures of the R-2 District, are more of an architectural component than a land use. As far as the remaining requested accessory uses of a cell tower and wind turbine/wind mill, they are typically identified as special uses in non-residential zoning districts. However, staff does not view these proposed accessory uses/structures as incompatible with the proposed school land use. Additional details regarding the placement of the accessory uses and size/dimensions will be required. Should the City Council feel the cell tower and wind turbine/wind mill not be appropriate to include as part of the annexation agreement out-right; it can be stipulated that these accessory structures be allowed as part of the development, subject to the special use approval process. Land Cash/Park Board Comments: The Petitioners are requesting a reduction in the valuation of an improved acre of land to $25,000/acre for the purposes of calculating land-cash fees for parks and schools based upon a recent appraisal of land value in the Yorkville area. Currently, an acre of improved land per Yorkville's Land Cash Ordinance is $101,000.00. At the time of the original annexation agreement for the property, the land cash value was locked in at $80,000.00/acre for a period of five (5) years and has since expired. According to the Land Cash Ordinance (Ord. 1996-3 as amended), the developer is entitled to petition for a reduced land-cash fee by submitting an appraisal showing the fair-market value of such improved land in the area of the development, with the final determination of the "fair market value"per acre of improved land made by the City Council. As mentioned previously, this request was taken to the Park Board at their meeting held in July and a collective recommendation is provided to the City Council in the attached memorandum. It is the Park Board's recommendation to receive $80,000/acre cash for a total of$270,400, which can be reduced through the construction of an approved parking lot. If the City Council does not approve of$80,000/acre, an alternative is to not take a cash donation at this time and allow the Park Board to request additional land or cash value at the time of Unit 2 platting. Staff Comments: Overall, staff is generally supportive of the proposed educational land use for this area of the former Prestwick of Yorkville Subdivision. Schools and parks have typically been viewed as complimentary uses within residentially zoned districts, and this proposed land plan fits well within the center of this previously subdivided area. While a single lot with multiple uses/structures would typically be developed as a Planned Unit Development(PUD), the Petitioners and staff agree that the accessory uses (i.e., athletic fields, outdoor parking, bus parking/garage, etc.) and auxiliary facilities (e.g. equestrian/riding area, cell tower, and wind turbine/wind mill) for the proposed private school are either permitted per the Zoning Ordinance or complimentary to the overall land plan and redevelopment of this property as a private Christian high school with an agricultural program of study. Attachments: 1. Copy of Petitioners' Application w/attachments. 2. Ordinance 2005-30 Original Annexation Agreement for the Yorkville Farms Development (Prestwick of Yorkville) 3. Proposed First Amendment to the Annexation Agreement of Yorkville Farms Development prepared by John F. Philipchuck, attorney for the Petitioners, latest revision received August 15, 2013. 4. Final Plat of Subdivision—Yorkville Christian School Subdivision dated last revised 08/06/13 prepared by HR Green. 5. Final Plat of Subdivision—Yorkville Christian School Subdivision Exhibit illustrating the proposed removed 84 single-family lots marked"FOR REFERENCE ONLY"dated 07/2/13 prepared by HR Green. 6. Yorkville Christian School-Vicinity Plan prepared by HR Green. 7. Sign and Floor Plan Study prepared by Norris Architects,Inc. dated 6/25/13. 8. Elevations and Monument Sign Study prepared by Norris Architects,Inc. dated 6/25/13. 9. EEI Letter to the City dated July 23,2013 re: Yorkville Christian School Final Engineering Plan Review No. 1. 10. EEI Letter to the City dated August 14, 2013 re: Final Plat Review 11. Memorandum from Director of Parks and Recreation to City Council dated August 8,2013 re: Yorkville Christian School Subdivision. 12. Appraisal Report EST. 1836 O , c, ms..e 0 Wmmll counb ` <LE wv United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553 -4350 Fax: 630-553-3436 APPLICATION TO AMEND ANNEXATION OR PLANNED UNIT DEVELOPMENT AGREEMENT Purpose of Application Annexation Agreements specify the desired zoning and other requested approvals (i.e. bulk regulations, , variances, building codes, development impacts and contributions, etc.) that will affect the property and successor owners. Planned Unit Development (PUD) Agreements are unique and a complex form of zoning which differs from the conventional approval process allowing for flexibility in the design and land use of larger scale developments. Such approvals require agreements that are contractual in nature, therefore an amendment must be sought when a change, minor or substantial, in the original terms of the annexation or Planned Unit Development (PUD) Agreement occurs. This packet explains the process to successfully submit and complete an Application to Amend an Annexation or Planned Unit Development Agreement. It includes a detailed description of the process and the actual application itself (Pages 6 to 9). Please type the requied information in the application on your computer. The application will need to be printed and signed by the applicant. The only item that needs to be submitted to the City from this packet is the application. The rest of the packet is to help guide you through the process unto completion. For a complete explanation of what is legally required throughout the Amendment process, please refer to "Title 10, Chapter 4, Section 10 Amendments" of the Yorkville, Illinois City Code. 1 Application Procedure Procedure Flow Chart Step 1 Submit Application, Fees, and All Pertinent Information to the Community Development Department Step 2 Plan Council Review If Applicable (Meets 2nd and 4th Thursday of the month) Step 3 Plan Commission Review (Meets 2nd Wednesday of the month) Step 4 Economic Development Committee Review (Meets 1 st Tuesday of the month) Step 5 City Council Public Hearing Review (Meets 2nd and 4th Tuesday of the month) 2 Application Procedure Step I Application Submital The following must be submitted to the Community Development Department: • 2 original signed applications with legal description. • 5 copies each of the application and exhibits, proposed drawings, location map, and site plan. Large items must be folded to fit in a 10" x 13" envelope. • Appropriate filing fee. (See attached Fee Sheet on page 5) • 1 CD containing an electronic copy (pdf) of each of the signed application (complete with exhibit), proposed drawings, location map, and site plan. A Microsoft Word document with the legal description is required on the CD. Within one ( 1) week of submittal, the Community Development Department will determine if the application is complete or if additional information is needed. These materials must be submitted a minimum of 45 days prior to the targeted Plan Commission meeting. An incomplete submittal could delay the scheduling of the project. Applicant will be responsible for payment of recording fees and public hearing costs, including written transcripts of the public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). The applicant will be required to establish a deposit account with the city to cover these fees. The Petitioner Deposit Account/Acknowledgement of Financial Responsibility form is attached to this document and must be submitted with the application. Plan Council QfApplieable) Applicant may present the proposed amended plan to the Plan Council. The Plan Council meets on the 2nd and 4th Thursday of the month The members of the Council include the Community Development Director, City Engineer, the Building Department Official, the Public Works Director, the Director of Parks and Recreation, a Fire Department Representative, and a Police Department Representative. Upon recommendation by the Plan Council, applicant will move forward to the Plan Commission hearing. Plan Commission Applicant will attend a public hearing conducted by the Plan Commission. The Plan Commission meets on the 2nd Wednesday of the Month at 7:OOpm. Notice will be placed in the Kendall County Record by the United City of Yorkville. The applicant is responsible for sending certified public hearing notices to adjacent property owners within 500 feet of the subject property no less than 15 days and no more than 30 days prior to the public hearing date. Twenty Four (24) hours prior to the public hearing, a certified affidavit must be filed by the applicant with the Community Development Department containing the names, addresses and permanent parcel numbers of all parties that were notified. 3 Application Procedure Step 4 Economic Development Committee Applicant must present the proposed amendment agreement and/or plan to the Economic Development Committee. Economic Development Committee meets at 7:00 p.m. on the 1st Tuesday of each month in the Yorkville City Hall Conference Room. This session is to discuss and consider recommendations prior to full City Council considerations and provide informal feedback. The Economic Development Committee will submit its recommendation to City Council. City Council Applicant will attend the City Council meeting where the recommendation of the proposed amendment will be considered. The City Council meets on the 2nd and 4th Tuesdays of the month at 7:OOpm. City Council will make the final approval of the amendment. Dormant Apptications The Community Development Director shall determine if an application meets or fails to meet the requirements stated above. If the Director determines that the application is incomplete it will become dormant under these circumstances: • The applicant has been notified of such deficiencies and has not responded or provided a time line for completing the application within ninety (90) days from the time of notification. • The applicant has not responded in writing to a request for information or documentation from the initial plan commission review within six (6) months from the date of that request. • The applicant has not responded to a request for legal or engineering deposit replenishment for city incurred costs and fees within ninety (90) days from the date of the request. If the Community Development Director has sent the required notice and the applicant has not withdrawn their application or brought it into compliance, then the director shall terminate the application. After termination, the application shall not be reconsidered except after the filing of a completely new application. Withdrawal or termination of an application shall not affect the applicant's responsibility for payment of any costs and fees, or any other outstanding debt owed to the city. The balance of any funds deposited with the city that is not needed to pay for costs and fees shall be returned to the applicant. (Ord. 2011 -34, 7-26-2011 ) 4 `CEO cip� United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 EST. ;� 1836 Telephone: 630-553-4350 ^� Fax: 630-553-7575 w N 9 ,W +� INVOICE & WORKSHEET <ce PETITION APPLICATION CONTACT: DEVELOPMENT/ PROPERTY: John and Michelle Stewart Ashley Pointe 3870 N IL Route 71 Acreage: 110.54 Sheridan, IL 60551 Date: 6/28/2013 Concept Plan Review: [ I Yes IO No $ 0.00 Engineering Plan Review Deposit of $500 due Amendment: A Yes ]- o $ 500.00 $500.00 Fee due for each: ( exatio (Plan) (Plat) (PUD) Annexation: [ ] Yes IN. No $ 0.00 $250.00, plus $10/acre for each acre over 5. # ofacres: - 5 = x $10 = + $250 Rezoning: [ ] Yes 'X No $ 0.00 $200.00, plus $10/acre for each acre over 5. # ofacres: - 5 = x $10 = + $200 If annexing and rezoning, charge only 1 per acre fee. If rezoning to a PUD, charge PUD Development Fee- not Rezoning Fee. Special Use: [ I Yes K No $ 0.00 $250.00, plus $ 10/acre for each acre over 5. # of acres: - 5 = x $10 = + $250 Zoning Variance: $85.00 [ ] Yes No $ 0.00 Outside Consultants deposit of$500.00 due Preliminary Plan Fee: $500.00 [ ] Yes yd No $ 0.00 P.U.D. Fee: $500.00 [ ] Yes 14 No $ 0.00 Final Plat Fee: $500.00 #Yes [ ] No $ 500.00 Engineering Plan Review Deposit:` yes [ ] No $ 5000.00 [ ] Less than I acre = $1,000 due [ ] Over l acre and less than 10 acres = $2,500 due J4 Over 10 acres and less than 40 acres = $5,000 due [ ] Over 40 acres and less than 100 acres = $10,000 due [ ] Over 100 acres = $20,000 due Outside Consultants Deposit: [ ] Yes -34'No $ 0.00 Legal, Land Planner, Zoning Coordinator, Environmental Services Annexation Subdivision Rezoning and Special Use: [ ] Less than 2 acres = $1,000 due [ ] Over 2 acres and less than 10 acres = $2,500 due [ ] Over 10 acres — $5,000 due TOTAL AMOUNT DUE: $ . BOO Nord/ O Drivel Der. Deg AROI Fee Sheet Wkei 5 Application For Amendment STAFF USE ONLY Date of Submission PC# Development Name Applicant Information Name ofApplicant(s) Pohn and Michelle Stewart Business Address 13870 N IL Route City I Sheridan State IL ZIP 60551 Business Phone 815-695-5667 Business Fax 815-695-5770 Business Cell 630-768-0412 Business E-mail Imichelle@spiritf arms.com Property Information Name of Holder of Legal Title I John and Mich e e Stewart If Legal Title is held by a Land Trust, list the names of all holders of any beneficial interest therein: na Property Street Address 17525 Ashley Road, Yorkville, IL 60560 Description of Property's Physical Location South of out west corner of oute 126 and Ashley Road - Yorkville, IL 60560 Zoning and Land Use of Surrounding Parcels North n a East South West Current Zoning Classification Kendall County Parcel Number(s) of Property See attachment List all governmental entities or agencies required to receive notice under Illinois law: na 6 Application For Amendment Property Information Name of Agreement I Urdinance No. Date of Recording 5 Summarize the items to be amended from the existing agreement: See attachment Additional Contact Information Attorney Name I John F. Philipch5-ck Address 1123 Water St, PO Box 565 city I Naperville State IL Zip 60566 Phone 630-355-5800 Fax 630 355-5976 E-mail jfp@dbcw.com Engineer Name I David c u tz, FE. , HR Green Address 1651 Prairie Pointe, Suite 201 city or ville State ZIP Phone .7 Fax E-mail [dSbhultz@hrgreen .com Land Planner/Surveyor Name I Bernie Bauer, HR Green Address 1651 Prairie Pointe, Suite 20 city I Yorkville State I IL ZIp 60560 Phone Fax I 630-55 -7 E-mail auer rgreen .com 7 Application For Amendment Attachments Applicant must attach a legal description of the property to this application and title it as "Exhibit A". Applicant must list the naives and addresses of any adjoining or contiguous landowners within 500 feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as "Exhibit B". Applicant must attach a true and correct copy of the existing agreement and title it as "Exhibit C". Applicant must attach amendments from the existing agreement and title it as "Exhibit D". Agreement I verify that all the information in this application is true to the best of my knowledge. I understand and accept all requirements and fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. I understand all of the information presented in this document and understand that if an application becomes dormant it is through my own fault and I must therefore follow the requirements outlined above. Applic t nature Date PI 6/28/2013 THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE IN THE SPACE BELOW: 00, OFFCK SEL- BIWE M WWO 1 WCMMqM E> p6AYt6 8 ,cEO CrTr United City of Yorkville ,2� o-� County Seat of Kendall County petitioner Deposit Account / 800 Game Farm Road "` 13° Yorkville, Illinois, 53-4 Acknowledgment of Financial �� m Telephone: 630-553-4350 9C- 2� Fax: 630-553-7575 Responsibility la �V�� Website: www.yorkville.il.us Development/Property Address: Project No.: FoRCiTy USE oiivLy Fund Account No.: FoR czTr UsE oNLY Petition/Approval Type: check appropriate box(es) of approval requested • Concept Plan Review 0 Amendment (Text) (Annexation) (Plat) ❑ Annexation • Rezoning ❑ Special Use ❑ Mile and '/2 Review ❑ Zoning Variance ❑ Preliminary Plan ❑ Final Plans ❑ P.U.D. ❑ Final Plat Petitioner Deposit Account Fund: It is the policy of the United City of Yorkville to require any petitioner seeking approval on a project or entitlement request to establish a Petitioner Deposit Account Fund to cover all actual expenses occurred as a result of processing such applications and requests. Typical requests requiring the establishment of a Petitioner Deposit Account Fund include, but are not limited to, plan review of development approvals/engineering permits. Deposit account funds may also be used to cover costs for services related to legal fees, engineering and other plan reviews, processing of other governmental applications, recording fees and other outside coordination and consulting fees. Each fund account is established with an initial deposit based upon the estimated cost for services provided in the INVOICE & WORKSHEET PETITION APPLICATION. This initial deposit is drawn against to pay for these services related to the project or request. Periodically throughout the project review/approval process, the Financially Responsible Party will receive an invoice reflecting the charges made against the account. At any time the balance of the fund account fall below ten percent (10%) of the original deposit amount, the Financially Responsible Party will receive an invoice requesting additional funds equal to one-hundred percent (100%) of the initial deposit if subsequent reviews/fees related to the project are required. In the event that a deposit account is not immediately replenished, review by the administrative staff, consultants, boards and commissions may be suspended until the account is fully replenished. If additional funds remain in the deposit account at the completion of the project, the city will refund the balance to the Financially Responsible Party. A written request must be submitted by the Financially Responsible Party to the city by the 150i of the month in order for the refund check to be processed and distributed by the 15th of the following month. All refund checks will be made payable to the Financially Responsible Party and mailed to the address provided when the account was established. ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY Name/Company Name: Address: City: State: Zip Code: John/Michelle Stewart 3870 N IL 71 Sheridan IL 60551 816--6�b-5667 M307 68-0412 W6-695-5770 Michel le(5spiritfarms Financially Responsible Party: I acknowledge and understand that as the Financially Responsible Party, expenses may exceed the estimated initial deposit and, when requested by the United City of Yorkville, I will provide additional funds to maintain the required account balance. Further, the sale or other disposition of the property does not relieve the individual or Company/Corporation of their obligation to maintain a positive balance in the fund account, unless the United City of Yorkville approves a Change of Responsible Party and transfer of funds. Should the account go into deficit, all City work may stop until the requested replenishment deposit is received. Print Na : `john/ is elle St wart Title: Owners Signatu e* } Date: 6/28/2013 ' � 4 *The name f the individuaand the person who signs this declaration must be the same. If a corporation is listed, a corporate officer must sign the declaration (President, Vice-President, Chairman, Secretary or Treasurer) FOR CITY USE ONLY ACCOUNT CLOSURE AUTHORIZATION: Date Requested: ❑ Completed ❑ Inactive Print Name: ❑ Withdrawn ❑ Collections Signature: ❑ Other DEPARTMENT ROUNTING FOR AUTHORIZATION: ❑ Comm Dev. ❑Building ❑ Engineering ❑ Finance ❑Admin. 10 Lot Number Parcel Number Lot 1 05-03-452-002-0000 Lott 05-03-452-003-0000 Lot 05-03-452-004-0000 Lot 05-10-202-002-0000 Lot 5 05-10-202-003-0000 Lot 05-10-202-004-0000 Lot 05-10-202-005-0000 Lot 05-10-202-006-0000 Lot 05-10-202-007-0000 Lot 10 05-10-202-008-0000 Lot 13 05-03-451-001-0000 Lot 14 05-03-451-002-0000 Lot 15 05-03-451-003-0000 Lot 16 05-10-201-001-0000 Lot 17 05-10-201-002-0000 Lot 18 05-10-201-003-0000 Lot 19 05-10-201-004-0000 Lot 20 05-10-201-005-0000 Lot 21 05-10-201-006-0000 Lot 22 05-10-201-007-0000 Lot 23 05-10-201-008-0000 Lot 24 05-10-201-009-0000 Lot 25 05-10-201-010-0000 Lot 26 05-10-201-011-0000 Lot 27 05-10-201-012-0000 Lot 28 05-10-201-013-0000 Lot 29 05-10-201-014-0000 Lot 30 05-10-202-015-0000 Lot 31 05-10-202-014-0000 Lot 32 05-10-202-013-0000 Lot 33 05-10-202-012-0000 Lot 34 05-10-202-011-0000 Lot 35 05-10-203-008-0000 Lot 36 05-10-203-007-0000 Lot 37 05-10-203-006-0000 Lot 38 05-10-203-005-0000 Lot 39 05-10-203-004-0000 Lot 40 05-10-203-003-0000 Lot 41 05-10-203-002-0000 Lot 43 05-10-204-002-0000 Lot 44 05-10-204-003-0000 Lot 45 05-10-204-004-0000 Lot Number Parcel Number Lot 46 05-10-204-005-0000 Lot 47 05-10-204-006-0000 Lot 48 05-10-204-007-0000 Lot 49 05-10-204-008-0000 Lot 50 05-10-204-009-0000 Lot 52 05-10-204-011-0000 Lot 53 05-10-204-012-0000 Lot 54 05-10-253-001-0000 Lot 55 05-10-253-002-0000 Lot 56 05-10-253-003-0000 Lot 57 05-10-253-004-0000 Lot 58 05-10-253-005-0000 Lot 59 05-10-253-006-0000 Lot 60 05-10-277-002-0000 Lot 61 05-10-277-003-0000 Lot 62 05-10-277-004-0000 Lot 63 05-10-277-005-0000 Lot 65 05-10-277-007-0000 Lot 66 05-10-277-008-0000 Lot 67 05-10-276-004-0000 Lot 68 05-10-276-005-0000 Lot 69 05-10-276-006-0000 Lot 70 05-10-276-007-0000 Lot 71 05-10-276-008-0000 Lot 72 05-10-252-005-0000 Lot 73 05-10-252-004-0000 Lot 74 05-10-252-003-0000 Lot 75 05-10-252-002-0000 Lot 76 05-10-252-001-0000 Lot 77 05-10-276-001-0000 Lot 78 05-10-276-002-0000 Lot 79 05-10-276-003-0000 Lot 80 05-10-203-009-0000 Lot 81 05-10-203-010-0000 Lot 82 05-10-203-011-0000 Lot 83 05-10-203-012-0000 Lot 84 05-10-203-013-0000 Lot 85 05-10-203-014-0000 Lot 86 05-10-203-015-0000 Lot 87 05-10-203-016-0000 Lot 88 05-10-203-017-0000 Lot 89 05-10-226-002-0000 Lot Number Parcel Number Lot 90 05-10-226-003-0000 Lot 91 05-10-226-004-0000 Lot 92 05-10-226-005-0000 Lot 93 05-10-226-006-0000 Lot 94 05-10-226-007-0000 Lot 95 05-10-226-008-0000 Lot 96 05-10-226-009-0000 Lot 97 05-10-226-010-0000 Lot 98 05-10-226-011-0000 Lot 99 05-10-226-012-0000 Lot 100 05-10-226-013-0000 Lot 101 05-10-226-014-0000 Lot 102 05-10-226-015-0000 Lot 103 05-10-226-016-0000 Lot 104 OS-10-226-017-0000 Lot 105 05-10-226-018-0000 Lot 106 05-10-226-019-0000 Lot 107 05-10-226-020-0000 Lot 108 05-10-226-021-0000 Lot 357 05-10-226-001-0001 Lot 358 05-10-277-001-0000 Lot360 05-10-204-013-0000 Lot 361 05-10-203-101-0000 Lot 362 PT 05-10-202-001-0000 Lot 362 PT 05-03-452-001-0000 Lot 363 05-01-201-015-0000 Lot 365 05-10-226-022-0000 Lot 366 05-10-251-001-0000 200500034118 Filed for Record in KENDALL COUNTYr ILLINOIS STATE OF ILLINOIS ) PAUL ANDERSON 12-14-2005 At 11:17 an. ss ORDINANCE 62.00 COUNTY OF KENDALL ) RHSF Surcharse 10.00 ORDINANCE NO. 2005- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (PRESTWICK OF YORKVILLE SUBDIVISION) 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, ILLINOIS, AS FOLLOWS; 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 passage and approval as provided by law. WANDA OHARE JOSEPH BESCO C� _ VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA (acts tuct ?VZC*0AW'h Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2005. 1 , �> MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this _ -;)kQ_ day of I —> A.D. 2005. ATTEST: CITY CLERK y p-a 3 o = Prepared by: o John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 Final STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) ANNEXATION AGREEMENT OF YORKVILLE FARMS DEVELOPMENT AND THE UNITED CITY OF YORKVILLE (PRESTWICK OF YORKVILLE SUBDIVISION) This exation Agreement(hereinafter"Agreement"),is made and entered into thins clay of 2005, by and between the UNITED CITY OF YORKVILLE, a municip 1 corporation, hereinafter referred to as "CITY", and the owners of record YORKVILLE FARMS DEVELOPMENT, LLC, (Hereinafter "OWNER" or "DEVELOPER"or"OWNER/DEVELOPER'). WITNESSETH WHEREAS, OWNER owns fee simple title to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 195.5 acres, more or less (hereinafter"PROPERTY"); and WHEREAS, it is the desire of OWNER/DEVELOPER to provide for the annexation of the 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 as an R-2 Single Family Residence District; 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/DEVELOPER and CITY has or will perform and execute all acts 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 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 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 WHEREAS, the OWNER/DEVELOPER and CITY agree that upon Annexation to the CITY the PROPERTY shall be placed in a R-2 Single Family Residence District, as set forth in the Preliminary Plan 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 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 further action required by the provisions of 65 ILCS 5/11 -15-1 .3 (2002) 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 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 United City of Yorkville. CITY agrees to adopt any necessary ordinances to annex said PROPERTY as soon as reasonably 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 parcel R-2 Single Family Residence District. B. The CITY and OWNER/DEVELOPER 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, and from time to time amended as, the same shall be applied to the property as duly passed by the UNITED CITY OF YORKVILLE. C. Preliminary Plan. The CITY hereby approves the Preliminary Plan attached hereto as Exhibit B. prepared by Smith Engineering Consultants dated 2 2005. 3. ANNEXATION TO SANITARY DISTRICT. A. OWNER/DEVELOPER agrees to file the necessary petitions and 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 shall be carried out in substantial compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in order to facilitate the development and use of each Phase of Development of the 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, subject to their approval, 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 Southeast Interceptor is available at the property line of the PROPERTY. The DEVELOPER agrees to cooperate with the City regarding the Southeast Sewer Interceptor project. The OWNER/DEVELOPER is permitted to temporarily connect to the Rain Tree Village Sewer System that is tributary to the Commonwealth Edison interceptor, however, once the southeast interceptor has been constructed, the property will be permanently connected to the southeast interceptor. The City represents that the sewer lines and the sanitary system presently have the capacity to service the property and the City will use its best efforts to provide that sanitary sewer capacity for purposes of serving the property. In the event the DEVELOPER advances the cost for the design work necessary for the southeast interceptor, the City would credit the DEVELOPER, its successors or assigns for sewer connection fees that would be charged to the users on this property at the time that those sewer connection fees would be due. C. OWNER/DEVELOPER shall construct a temporary lift station, if necessary, in accordance with the plans attached hereto as Exhibit C. The OWNERMEVELOPER and CITY agree to enter into an agreement for the maintenance of the temporary sanitary sewer lift station. 4. WATER, The CITY shall provide adequate potable water in sufficient quantities and pressure to 3 serve the needs of the PROPERTY. The potable water connection shall occur at the northwest corner of the property at the eastern edge of the development commonly known as Rain Tree Village. The DEVELOPER agrees to provide easements for water utilities as may be necessary. The DEVELOPER may be required to provide an easement on the property at a location to be determined by the CITY engineer if a pressure reducing value is required to service the property. 5. DONATIONS AND CONTRIBUTIONS. A. The DEVELOPER shall pay 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 fees of Two Thousand Eight Hundred and no/100 Dollars ($2,800.00) per residential dwelling unit shall be paid by DEVELOPER at the time of building permit issuance; the per unit Municipal Building Fee in effect at time of Final Plat approval payable at Final Plat recording, 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 Two Thousand Dollars ($2,000.00) per residential dwelling unit in the PROPERTY as a road impact fee. Said road impact fee may be reduced in accordance with the terms of this Annexation Agreement. C. 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 to the City a Site at the location and acreage amount as shown on the Preliminary Plan attached hereto and incorporated herein by reference as "Exhibit B", for which DEVELOPER shall receive a park donation credit in equal amount to the park site and proposed trail system. 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, 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 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. Any contributions for Land/Cash for Schools and/or Parks not satisfied by 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 bicycle paths. 4 D. 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. E. Upon annexation, police protection, 911 service, and library service will be provided by the City at no charge to the Developer. F. The DEVELOPER shall pay a Fire District Fee of One Thousand Dollars ($ 1 ,000.00) per home. One half of said fee ($500.00 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 for additional phases, if any, shall be paid at the building permit stage. The DEVELOPER shall pay the Library Fee of Five Hundred Dollars ($500.00) per home. One-half of said fee or Two Hundred Fifty Dollars ($250.00) per unit shall be due and payable for the first phase of the development in a lump at the time of final plat recording. The balance for additional phases, if any, shall be paid at the building permit stage G. In light of the improvements set forth in Exhibit D attached hereto and incorporated herein by reference, DEVELOPER will be granted a traffic impact fee credit of the cost of improvements to the Route 126/Collector Road intersection, the construction of the Collector Road and the Route 126/Ashley Intersection and Ashley Road. If the amounts of these improvements exceed the traffic impact fees, the parties shall enter into a written agreement specifically providing that costs shall be reimbursed by the CITY or be the subject to a recapture agreement and recapture ordinance in favor of the DEVELOPER. H. The CITY shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY or any other governmental body, except as otherwise expressly provided in this Agreement. I. Notwithstanding the provisions of this Annexation Agreement, the only fees that are due and owing the CITY are those fees set forth in Exhibit E attached hereto and incorporated herein by reference. 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 and as long as said instruments meet the CITY requirements, 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 approve 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 the completed work, so long as the balance remaining in the Security 5 Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. Security for construction of perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent Phases of Development at the sole discretion of the DEVELOPER. The City shall determine the timing of the construction of independently phase improvements. 7. PROCEDURE FOR ACCEPTANCE OF PUBLIC IMPROVEMENTS AND OFFSITE ROAD IMPROVEMENTS. A. The public improvements constructed as a part of the development of each phase of development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The City shall exercise good faith and due diligence in accepting said public improvements following 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. B. DEVELOPER agrees to improve Ashley Road in accordance with the CITY's rural cross-section standard. 81 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. The Recapture Agreement shall not include the cost of any Owner/Developer oversight of construction. DEVELOPER agrees to hold the CITY harmless and indemnify the CITY from any liability as a result of any recapture imposed. 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 6 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 five (5) years from the date of this AGREEMENT. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the PROPERTY except upon the written consent of DEVELOPER during said five (5) 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 five (5) year period. After said five (5) 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 five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved on the Preliminary 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 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 raring, shall be applied during said five (5) 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, 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 7 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. See Paragraph 5 B above. 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 "E" . At the expiration of this four year term, the CITY shall give the OWNERS and/or DEVELOPER a six (6) month grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. 12. 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 within the corporate limits of the CITY as DEVELOPER may designate (individually an "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 necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite sign may be illuminated subject to approval by the CITY. 13. MODEL HOMES PRODUCTION UNITS. SALES TRAILERS. 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 may be utilized for sales and construction offices for the PROPERTY. The number of such model homes and sales trailers and the locations thereof shall be as from 8 time to time determined or authorized by the DEVELOPER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking 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 vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol Kendall Fire Protection District). A final inspection shall be conducted prior to the use of a model home and water shall be made available within 150' 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 temporary 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. 14. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the PROPERTY as required and approved by the DEVELOPER for development purposes. Said trailers may remain upon the PROPERTY until the issuance of the last temporary 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. 9 i No contractor's trailers or supply trailers will be located within dedicated right-of-way or permanent easements. 15. 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 Preliminary 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 Preliminary 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 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. However, as to existing overhead utilities adjoining the PROPERTY and on the south side of Route 126, the DEVELOPER shall bury said overhead utilities if the CITY approves an ordinance, applicable to all future CITY subdivisions, requiring the burying of overhead utilities. Said ordinance must be approved prior to the commencement of the work to relocate the overhead utilities. 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 plan. The CITY agrees to allow up to four feet (4') of bounce in any wet stormwater management facility. 16. MASS GRADING. Pursuant to the existing CITY ordinances on the date of execution of this Agreement, a Soil Erosion Control Permit will be issued after preliminary plat approval to allow DEVELOPER to commence earth work after the permit is issued and after DEVELOPER posts any necessary bond for said work with the CITY prior to the commencement of said earth work. DEVELOPER shall comply in all respects with all applicable Illinois EPA regulations and the CITY's Soil Erosion and Sediment Control Ordinance. 17. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the 10 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. 18. 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. Before any failure of any party of this Agreement to perform its obligations under this 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 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 Attn: Mayor Copy to: CITY Attorney John J. Wyeth 800 Game Farm Road Yorkville, IL 60560 DEVELOPER: Yorkville Farms Development, LLC 16501 South Parker Road Homer Glen, IL 60491 DEVELOPER' S James Olguin ATTORNEY: Goldstine, Skrodzki, Russian, Nemec & Hoff, Ltd. 835 McClintock Drive, Second Floor Burr Ridge, Illinois 60527-0860 Telephone (630) 655-6000 Facsimile (630) 655-9808 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 11 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. 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. 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 contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. Terms and Conditions. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5111-15. 1 -1 , et seq., Illinois Compiled Statutes (2002). In the event 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 12 Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the 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 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 tern 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. 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, 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. 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. 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. 13 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 MAYOR n CI CL { RECORD OWNER/DEVELOPER YOR ,K,V/I�LLE FARMS DEVELOPMENT,LLC BY: 1 14 EXHIBITS EXHIBIT "A" Legal Description of Property EXHIBIT "B" Preliminary Plat EXHIBIT "C" Temporary Lift Station EXHIBIT "D" Improvements EXHIBIT "E" Fee Schedule 15 �SMITH ENGINEERING CONSULTANTS, INC. PRELIMINARY PLAT OF ,_�.� PRESTWICK OF YORKVILLE SUBDIVISION ., �,, LEGAL DESC2/PTIONS PARCEL ONE: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 3 AND PART OF EAST HALF OF SECTION 10, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 3 WITH THE CENTER LINE OF THE YORKNLLE AND PLAINFIELD ROAD (ROUTE 126); THENCE SOUTH 01 DEGREES 23 MINUTES 53 SECONDS EAST, ALONG SAID WEST LINE 775. 71 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 3, THENCE SOUTH 01 DEGREES 32 MINUTES 35 SECONDS EAST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 10, 3653.05 FEET TO THE SOUTHWEST CORNER OF LANDS CONVEYED TO ROBERT M. AND ELAINE E STEWART BY DOCUMENT NO. 72-5656; THENCE NORTH 88 DEGREES 04 MINUTES 01 SECONDS EAST, ALONG THE SOUTH LINE OF SAID LANDS PER DOCUMENT NO. 72-5656, 2655.55 FEET TO THE SOUTHEAST CORNER OF SAID LANDS PER DOCUMENT NO. 72-5656, SAID POINT BEING ON THE EAST LINE OF SAID SECTION 10, AND 1644.60 FEET NORTHERLY OF (AS MEASURED ALONG SAID EAST LINE) THE SOUTHEAST CORNER OF SAID SECTION 10, THENCE NORTH 01 DEGREES 27 MINUTES 24 SECONDS WEST, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 1006.36 FEET TD THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 01 DEGREES 32 MINUTES 43 SECONDS WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10, 1188.00 FEET TO A POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER WHICH IS 18 CHAINS NORTH OF THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE WEST PARALLEL TO THE NORTH LINE OF SAID SECTION 24 CHAINS; THENCE NORTH PARALLEL TO THE EAST LINE OF SAID SECTION TO THE CENTER LINE OF THE YORKVILLE AND PLAINFIELD ROAD (ROUTE 126); THENCE NORTHWESTERLY ALONG SAID CENTER LINE TO THE POINT OF BEGINNING (EXCEPT THAT PART OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 10; THENCE NORTH 01 DEGREES 27 MINUTES 24 SECONDS WEST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10 1644.60 SOUTHEAST CORNER OF LANDS CONVEYED TO ROBERT M. AND ELAINE E. STEWART BY DOCUMENT NO. 72-5656 FOR THE POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 04 MINUTES 01 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LANDS PER DOCUMENT NO. 72-5656, 2655.55 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE NORTH 01 DEGREES 32 MINUTES 35 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 30.00 FEET; THENCE NORTH 88 DEGREES 04 MINUTES 01 SECONDS EAST, PARALLEL WITH SAID SOUTH LANDS, 2655.59 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECBON 10; THENCE SOUTH 01 DEGREES 27 MINUTES 24 SECONDS EAST, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 30.00 FEET TO THE POINT OF BEGINNING) IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. PARCEL TWO: THAT PART OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 10, WHICH IS 18 CHAINS NORTH OF THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE WEST PARALLEL TO THE NORTH LINE OF SAID SECTION 10, A DISTANCE OF 24 CHAINS; THENCE NORTH PARALLEL TO THE EAST LINE OF SAID SECTION TO THE CENTER LINE OF THE YORKWLLE AND PLAINFIELD ROAD; THENCE SOUTHEASTERLY ALONG THE LINE OF SAID ROAD TO THE EAST LINE OF SAID SECTION 10, THENCE SOUTH ALONG THE SECTION LINE TO THE POINT OF BEGINNING (EXCEPT THAT POINT DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 89 DEGREES, 17 MINUTES, 38 SECONDS EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, 76709 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 126, THENCE SOUTH 43 DEGREES, 28 MINUTES, 45 SECONDS EAST ALONG SAID CENTER LINE 516. 17 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 43 DEGREES, 28 MINUTES, 45 SECONDS EAST ALONG SAID CENTER LINE, 85.67 FEET; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE BEING ALONG A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 1719. 12 FEET AN ARC DISTANCE OF 521.99 FEET, THENCE SOUTH 33 DEGREES, 03 MINUTES, 25 SECONDS WEST, 294.23 FEET; THENCE NORTH 54 DEGREES, 19 MINUTES, 30 SECONDS WEST, 400.0 FEET,, THENCE NORTH 02 DEGREES, 17 MINUTES, 05 SECONDS EAST, 394.67 FEET TO THE POINT OF BEGINNING) IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. PRELIMINARY RAT CE PRESTWICK 6 YO i!LIE S.I9pIWSpN TCRKVLLE. LLNCIS EN Bli 'A' LEG/U. PROPERTY Men x e mx n ,wlexr u: 9METw API u4C 5 ' SMITH' ENGINEERING CONSULTANTS, INC. cmE/NGINEE ING CO AND CONSULTANTS,SURWYORS PRELIMINARY PLAT OF j� 'N°�` .�roJ8 00,rom ILWN06 PROMEES10N.fI. DESIGN FIRM wwelBt-000IOD COMP. P{ , 030269-pRE-PNNEX-EXNI6IID.Owg PLOr HEW E MSSTANDARD PRESTWICK OF YORKVILLE SUBDIVISION LEGAL DESCRIPTIONS PARCEL ONE: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 3 AND PART OF EAST HALF OF SECTION 70, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 3 WITH THE CENTER LINE OF THE YORKVILLE AND PLAINFIELD ROAD (ROUTE 126); THENCE SOUTH 01 DEGREES 23 MINUTES 53 SECONDS EAST, ALONG SAID WEST LINE 775. 71 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 3, THENCE SOUTH 01 DEGREES 32 MINUTES 35 SECONDS EAST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 10, 3653. 05 FEET TO THE SOUTHWEST CORNER OF LANDS CONVEYED TO ROBERT M. AND ELAINE E STEWART BY DOCUMENT NO. 72-5656; THENCE NORTH 88 DEGREES 04 MINUTES 01 SECONDS EAST ALONG THE SOUTH LINE OF SAID LANDS PER DOCUMENT NO. 72-56567 2655. 55 FEET TO THE SOUTHEAST CORNER OF SAID LANDS PER DOCUMENT NO. 72-5655, SAID POINT BEING ON THE EAST LINE OF SAID SECTION 10, AND 1644. 60 FEET NORTHERLY OF (AS MEASURED ALONG SAID EAST LINE) THE SOUTHEAST CORNER OF SAID SECTION 70; THENCE NORTH 07 DEGREES 27 MINUTES 24 SECONDS WEST, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 1006. 36 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 01 DEGREES 32 MINUTES 43 SECONDS WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10, 1188. 00 FEET TO A POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER WHICH IS 18 CHAINS NORTH OF THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE WEST PARALLEL TO THE NORTH LINE OF SAID SECTION 24 CHAINS; THENCE NORTH PARALLEL TO THE EAST LINE OF SAID SECTION TO THE CENTER LINE OF THE YORKVILLE AND PLAINFIELD ROAD (ROUTE 126); THENCE NORTHWESTERLY ALONG SAID CENTER LINE TO THE POINT OF BEGINNING (EXCEPT THAT PART OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 10; THENCE NORTH 01 DEGREES 27 MINUTES 24 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10 1644. 60 SOUTHEAST CORNER OF LANDS CONVEYED TO ROBERT M. AND ELAINE E. STEWART BY DOCUMENT NO. 72-5556 FOR THE POINT OF BEGINNING, THENCE SOUTH 88 DEGREES 04 MINUTES 07 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LANDS PER DOCUMENT NO. 72- 5656, 2655. 55 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE NORTH 01 DEGREES 32 MINUTES 35 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 30. 00 FEET THENCE NORTH 88 DEGREES 04 MINUTES 01 SECONDS EAST PARALLEL WITH SAID SOUTH LANDS, 2555. 59 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE SOUTH 01 DEGREES 27 MINUTES 24 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 30. 00 FEET TO THE POINT OF BEGINNING) IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. PARCEL TWO: THAT PART OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 10, WHICH IS 18 CHAINS NORTH OF THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE WEST PARALLEL TO THE NORTH LINE OF SAID SECTION 10, A DISTANCE OF 24 CHAINS; THENCE NORTH PARALLEL TO THE EAST LINE OF SAID SECTION TO THE CENTER LINE OF THE 'YORKVILLE AND PLAINFIELD ROAD; THENCE SOUTHEASTERLY ALONG THE LINE OF SAID ROAD TO THE EAST LINE OF SAID SECTION 70, THENCE SOUTH ALONG THE SECTION LINE TO THE POINT OF BEGINNING (EXCEPT THAT POINT DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHEAST QUARTER OF SECTION 70, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 89 DEGREES, 17 MINUTES, 38 SECONDS EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, 76709 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 126; THENCE SOUTH 43 DEGREES, 28 MINUTES, 45 SECONDS EAST ALONG SAID CENTER LINE 516. 17 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 43 DEGREES, 28 MINUTES, 45 SECONDS EAST ALONG SAID CENTER LINE, 85. 67 FEET; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE BEING ALONG A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 1719. 12 FEET AN ARC DISTANCE OF 521. 99 FEET THENCE SOUTH 33 DEGREES, 03 MINUTES, 25 SECONDS WEST 294. 23 FEET THENCE NORTH 54 DEGREES, 19 MINUTES, 30 SECONDS WEST 400. 0 FEET- THENCE NORTH 02 DEGREES, 17 MINUTES, 05 SECONDS EAST 394. 67 FEET TO THE POINT OF BEGINNING) IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. PRELIMINARY PLAT OF PRESTWICK OF YORKVILLE SUBDIVISION YORKVILLE, ILLINOIS EXHIBIT W LEGAL DESCRIPTION OF PROPERTY RENSIDNS DWN BY I INb GATE: PROXCT NO. JCS 04/25 05 030269 E DSN BYt MF HORIZ SCALE: SHEET NO. ON5 Z�, CHK BY: INH 6 T SCAt - 5 P NIA PRELIMINARY PLAT OF �SMITH��NGINEBE NC CONSULTAN 9• INC. ENGINEERING � LTp PRESTWICK OF YORKy-ILL� SYBDIVISION — 6r. orkv I e, In I Ker�$al�, owr�g�l� eA a�County� " Section owns tp b Nort ange East "LOCATION MAP Existing Zoning - (Kendall Count�r A-11 ANY PMA IT Proposed Zonin - (City 0f Yorkvi e, R- ) >. •r A`ed e& Nazr`°••[x Plat �'repared for: S; Lr-s'.; Yorkville Farms eve oilmen , L.L.C. 1650 S. Parker Road ' Homer Glen, Illinois 60491 ¢- &Z Phone: (70>1 259-1751 •: .;� _' ., ••°rs°B `;s <. g�;��5 w Fax: 738 645-0044 " . .lot_ Protect Contact a le,s x r7G7>I . IillK1aaDYsofi i s x Mr. Michael Harper ; w^`°, :.:a ' �, �\� k�rp�xe.. ti[ cGnv cv-nemn� canACIT. ' . �g . i .. x g• . AMR AVRMA. a4 V Soy[ \ xu [ A xum,EX P.G. 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LLN015 ALL MARTHAT A S w Int” An AMO OR A MAT CIXq%vAR tM �T -Pl��,°` � ”' ��• E�M1♦BIT E STAprcS[N[KB Br OM1ITYM NMAL LWAS ¢ 6 u1x 9A[F ry Br BpttB wu, uwr,ArMy BYxMMMFf ASSWAIKK Sx^^x� � }n )) AT IT x P!32 M. to op MY of A� A vLwvu SavxBtS[pM[u[MMM M[wrtB blv V mMU,G rE& �x)m,It pin x 9p(, xo.Al w m x I PRELIMINARY PLAT OF SMITH ENGINEERING CONSULTANTS, INC. MOVSTRVCNRAW ENGINEERS AND BVRVEYORS 4�t44EO VYMa6�v nu PRESTWICK OF YORKVILLE SUBDIVISION IL ILLINOIS ^R�t� "' ` , R,LLY015 PROPEP910NA1 DESIGN FWtl d tea-o0ame N R� o rk V • I I e , I I n OI CCOML TILE: DJ0269-PRE-ANNEX-EA?0NLN q ,]b' LOI DLE'STANDARD h 34 J4'in Kendall owns� ip enda�l County KEW BJD=69 pi 4 3 3 Section 10 , Township 36 North Range 7 East -•'- •'- °5-°3-3°°-°°° Existing Zoning - (Kendall Count A- 1 LOCAT/ON MAP �cr GERARO° BARAJA5 & MARGARITA CARC/A y, NB 6591 ROUTE 126 Proposed Zonin (City of Yorkville R- ) / = A'�Q a SET SIR s J n Mr YORKNLLE, ILLINOIS 60560 RESARATCORNER N^' " / . �o Plat repared for: :; ] Yorkville Farms Uevelopment, L. L . C . Or , .,,. 1650 S . Parker Road Homer Glen , Illinois 60491 s 1 05-03-400-002 Phone : (708) 259-1751 � � FOUND 314-OPEN PIPE GEORGE E. BLOCK 6 ,. 5506' S & ONLINE TR C/O HARRIS BANK UST Fax: (708) 45-0044 1. .Av:.,,,. / •, %1 f' B 111 W MONROE SUITE 76W Rv TMNTm S6 6 CHICAGO, ILLINOIS 60603 Pro ect Contact: \}. � FOUND 3/d'OPEN PIPE \FSQB ♦ I J,.�+' � R nN , h 3.60'SW OF CORNER J C nl FOUND 314 OPEN PIPE spc N, On �2 38aIN OF CORNER r• a a �JC D5-D3-3°°_024 ; �Yss Mr. Michael Harper - ♦\ " O♦ SB. FOUND PK NAIL £YA`'.jG A. I h 0, v11V d � b^ . CREEK PARTNERS LLC Z t �s �,� COWACTI Af' '�, 1' ^'%" 1. / CIO RICHARD GLEAMING ♦♦� O•>>�� -I Y'. - j 505 LINDSAY CIRCLE 2 'I/ PETER U. HUINKER P.E., GENERAL MANAGER OF LAND DEVELOPMENT _c�'L=° - 1 P NORTH AURORA, ILLINOIS 50542 w 3 ♦♦� (630) 553-7560 mow - G xy ^:S" ..�..n. I On d DAVID W. SCHULTZ PE, PROJECT MANAGER "• �' " ' + ♦ wa rn ♦, 9MT �' (630) 553-2560 C '/� na] m ScnIF < 5 ♦ CRAIG L. GUY ftLS., SENIOR STAFF SURVEYOR eoh:j� s O/lS (630) 553-0560 6 S♦ Ip \ 440 pF ^^ 05-10-200-005 05-10-100-010 32 1 1 B V'Q/ DALE) C. & ELIZABETH A.HOME I III t LANDS DEDICATED RECORDED CREEK PARTNERS LLC 3t I p ?♦ G 8222 ROUT 126 _ ROAD PURPOSES, R6coaoeD T YORKNLLE ILLINOIS I MIN 935 AND 711511936. C/0 RICHARD GUERAAC A a' BET 518" STEEL 605 LINDSAY CIRCLE I /K `♦♦ < REBARATCORNER 1 / NORM AURORA, ILLINOIS 50542 30 1 I 1 10 / FOUND PK NAIL 29 I I 11 i MARY BLOCK CIO HARRIS BANK TRUST 1 11 I OS- 1I- ]00-001 28 I I i . / m C MONROE SUITE 03 I MARY BLOCK 1 2 3 W 15 ' 3 6 CHICAGO, ILLINOIS 6°603 C�0 HARRIS BANK TRUST 2l' INGRESS &EGRESS 31 1I I/ - ° FOUND M4 OPEN PIPE I 1) I C MONROE IS TE 03 O2 vv i CHICAGO, ILLINOIS 60603 EASEMENT PER GRANT IN r_.�_ I 1 63 O!O AT CORNER FOUND 3TY OPEN PIPE BOOK RECORDED 3/6/19B91N 26 __ _ yL0 BOOK Sq PAGE 195 �� I O/M3 130 E8g2.30'3 1 1 I 17 � MO CC 05-10-100-006 25 j 1 16 r ♦♦^ \ ♦ I N EXCEPTED C R1,16 96 73, WMOHAM DEERPOINT HOMES 24 I I 18 / <, 45 AREA 4 Cg,S I4 2 J6 1 05-)0-200-002 C/O RICHARD GUERARD 5 FOUND PK NAIL 35g 1 1 ' S q `%J ry B(J"5 B' JAMES ✓R & MARY $ENASf Cos uvOSgr CIRCLE z3 1 qB I S �p q. 0' • / q8 . `51 j 6' . 49" 8°25 ROUT ]26 NORTH AURORA, ILLINOIS 50542 22 1 I �19 /j ; 6] `♦�� F I yDRKNLLE ILLINOIS 60560 131 49� \ _� Ss "\ . _=B264'S�7^08'34„E. i 234 20 /j / 3g 3i• ♦ 2�_ 50 51 53 / l` 236 244 ` I / 1, ' :' r 5] 62 64 231 \1 5_ / f / 58 59 / , 165 1 ;%/ ♦♦\\ / 239 242 % / 20 248 \1 1 60 gi \\ 9 / 66 / `♦ \`♦ 2,1 j^ P46 258 0 257. ._. \ 360 `� 269 260 \� 258 255 253 91 69 1 254 2]0 ``\♦\, ♦♦ ]0 I 1� 262 y`-_ ./ 1` ], I N _ 263 ` _� 269 272 1 I OI N % •�^� 293 2gd 1 O = °5-1I-10OCK O / / I 365 288 356 I I n I o M MARY BLOCK Z 229 ,90 11 2gp 266 2fi) 273 - II] 111 HARRIS BANK TRUST 290 283 ]3 I N j 111 W MONROE SUITE 16W O 222 / j/ 19t 1\ ♦ 200 2T6 I l O CHICAGO, ILLINOIS 60603 N zst 2e7 '' Tq I > O CIO N 221 192 189 275 N 10 220 / 193 188 ♦ ♦ /' -`\ ♦ 2� 283 282 281 280 ]5 I W Y I / 194 196 ♦ 76 210 �195 19] te6 J2 ♦� / _ -�_-�` 1 __ ♦\ ♦ 303 11 ]] �� ♦ ,98 185 299 1 I 336 338 339 340 361 342 343 34y 3q5 34g Tg 217 I 1 304 05-I0-100-DOJ 226 233 I 199 184 1 1 29g •\ ♦ ]9 FLORENCE BLOCK 2i5 385 354 353 352 ♦ • 1 C/O AMY DECKER 215 I I j 225 232 1 I 20 183 I 29] 1 I I 335 355 351 350 349 346 bT 111 W MONROE SWEET SUITE 16W CHICAGO, ILLINOIS 60603 -�'� 1 80 1 22] 230 I 1 18t .Q95 I 51 b 213 625 1 15 I ' 306 ' 3312 3b 333 332 331 330 329 I 0 II ]n N I 3_2g 32_] r.� \ 228 229 1 I 203 - ,88 -1 296 L _ __ 324 � • 4 q. i 10 I - ♦ `� �� I 20q 1T9 1 11♦ 1 I 1 /' 83 51E BENCHMARK / I: 316 317 318 319 320 323 1 P 2t1 I ♦ 314 321 322 �/ 5/8' REBAR INN III CILM' CAP DROU IN GROUND AT INC 2t0 I 205 1]g 311 AT FOUND 3A CORNS OPEN PIPE MOST SEAT L DID CPON OF IL ROUT 126 h IS I Nf51ERN 209 208 2W __ _ �`�-� AT CORNER MOST ORATEL DRIVEWAY TO PROPERTY ARBAS I5 52' NORTHERLY PERPENDICULAR N M. 126 EDGE OF PAKMENT AND I/- 5YN£ST OF EDGE OF LFA YEL DEVIY. ROAR IS /\ COX AGANNI ESIERLY CF ROAR POLE 168 116 / 11] 11� I x151 tp6 85 1 J ELEVATION 642.21 (NAM 88) 189 ,]0 ,]1 t]2 iT3 II i]6 1]5 131 130 115 I B6 W °5-11-J00-°01 SIZE BENCHMARK j 2: _ _ _- —_L--- /132 � I 103 gy I W FLORENCE BLOCK __ 129 fl0 ' 115 I I 1 BT 1 O C/O HARRIS BANK TRUST 5 18' uUMM RIM YELLOW COP DRIVEN IN GROUND EXACRY 1 _ _ 1 103 gg I ASEAN 97' SWM£ALY (IDWPRF ROAD) OF SIZE BM j 1. BEGAN IS , 133 120 1 I I ttd 1 I 88 N I CHICAGO,MONROE NOIS 60603 545' NORM'AESIptLY OF POWFR FOIE 120 ELEVARON: 642.29 (HAW B8J 151 I ,6] 166 165 166 t63 ,62 161 160 • 1 I I 184 97 1 v LOCAL BENCHMARK an I I I 134 127 1 I i 121 ' 113 1 1 1 105 9fi I 89 359 I m TWINKLE 1.5 MILES SE OF, ALONG HIGHWAY 126, 370 FT 111 EAST OF HIGHWAY ]I AND 126 INSINSE6Pd( 36 FT NORTH 159 136 126 1111 122 112 SID OF AND NORMAL TO CENTER OF HIGHWAY 126, 8 FT WEST OF 149 152 153 IDA 155 156 15] 158 1 I I 95 1 SOUTH LINE OF L4NOSCONVEYEDTJ 1EUSMCME PIXE IN CONCRETE POST STANDARD TABIEP _ ROBERTM AND ELAINEE STEWART STAMPED ITT 19 BY ]951' 148 ^ --� --� 136 124 ' / 10T _ ' 91 1 PER DOCUMENT NO ]2-5656 E(EVAPCR 12265 (MAW 86) - 94 92 {ORM 13T I I 111 110 ,09 108 93 CENTERLINE f47 146 145 146 143 162 161 140 139 138 123 N BOUNDARY LINE RIGHT OF WAY LINE v $ FOUND W OF CORNER PE IXCEPTFD FOUND 34- EL y —__—_ 266S.S9 SSH`0401 REEFS BU51FSTEEL AREA BONLINEOW I u � LOT LINE I REBAR AT CORNER NORTH LINE CONVEYED TO zo ��I,,,/// GEORGPERDOC MENTI X72621 BLOCK IPE — BUILDING SETBACK LINE '/ PEROOCUMENTNO ]2-6210 E o /I/ m - - - - - - EASEMENT LINE mw 05-10-400-001 ONLINE 'If- ---- ------ EXISMIG DEVELOPMENT F FOUND 3Im OPEN PIPE GEORGEE BLOCK N 1.20'N81.20'EOF SOUTH 74pI BLOCK ROAD NR� Nae OUARTERCORNER YORKNLLE ILLINOIS 60560q 1 [I FT 10 II m N 15 16 1. ANNOTATION ABBREVIATIONS - f 1 ___ __ ____ _ `^ All IF ip m _ --- "' O P BSL = BUILDING SETBACK LINE I5 f5 OS-& WEN-002 9 D.E. = DRAINAGE EASEMENT CRAIG S )ESKE A WENOY 5 HOFMEISTER UE = PUBLIC UTILITY EASEMENT f PREPARED ON [04/25/2005] 7719 ASHLEY ROAD FOUND 3/q'OPEN PIPE POE = POINT OF BEGINNING YORKNLLE, . ILLINOlS 60560 05-IO-4L LEIN AT CORNER GRAPHIC SCALE D.& = POINT OF COMMENCEMENT PREPARED BY: DORIS M. LEIN In- D.& U.E. = DRAINAGE AND DIMITY EASEMENT ANNE 05-10-300-001 7725 ASHLEY ROAD SWE. - SIDE WALK EASEMENT MARIANNE MERSHIOS LTD. YORKN[LE ILLINOIS 60560 SE = STORM WATER MANAGEMENT PARTNERSHIP I P061 ] SE = SCREENING EASEMENT JIB KVILLE I DRIVE 0 103 CRAIG L. MY I inch = 200 R T.R.E. = TEMPORARY ROADWAY EASEMENT YORKVILLE ILLINOIS fi0560 ILLINOIS PROFESSIONAL LAND SURVEYOR L.E. - LANDSCAPE EASEMENT No. 3359 (EXPIRES: 11/30/06) 2. NIS PROPERTY IS PROPOSED TO BE WITHIN THE CORPORATE LIMITS OF ME CITY OF YORKVILLE PRELIMINARY PLAT OF 2 5 18” SR£L RODS SET 0 ALL EXTERIOR CORNERS UNLESS OTHERWISE NO]£0. 518" l AW UII 9JN144PY STEEL RODS WILL BE SET AT ALL INTERIOR CORNERS W1MAT 12 MONMS OF RECORDATION. X OF PRESTWICK OF YORKVILLE SUBDIVISION 4. DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED. LAND USE ACREAGE (TOTAL ACRES] DENSITY ] UNITS YORKVILLE, ILLINOIS SINGLE FAMILY DETACHED 114.16 oc 59X 311 Bu/gD NET J55 5. NO DIMENSIONS SHALL BE ASSUMED BY SCALING. RETENTION & OPEN SPACE 30.94 ac. TIN 6. ALL BEARINGS AND DISTANCES ARE BASED ON A LOCAL COORDINATE SYSTEM PARK 6.20 ac. 3X EXHIBIT •B- Z WETLAND STUDY TO BE RENEWED BY CITY PR/DR TO FINAL ENGINEERING. IN IERNAL R.0. W. 35.12 cc. IBX B. OPEN SPACE TO BE 04ME0 AND MAINTA/NEC BY HOMEOWNERS ASSOCIAIIOK EXTERNAL R.O. W. SJ6 cc. 3$ RENEIONB ONN BY: INS GATE: PR04ECT N0. TOTAL GROSS ACRES 193.78 s 100$ 1.83 du cc GROSS J55 1 ✓OE 04 25 05 030269 9. BEARINGS ARE BASED ON LOCAL COORDINATE SYSTEM MINIMUM LOT SIDE.' 12,000 sq. R. 21 1 1 USN BY: I INL i HORS SCALE: I SHEET NU. 10 FINAL PLAT WILL ADHERE M MINIMUM ZONING REQUIREMENTS PER ME UNITED CITY OF YORKNLLE. MAXIMUM LOT SIZE 22,056 sq. N. 31 1 DWS 1 1.=200" AVERAGE LOT SIZE Ta946 sq. /G A CHK BC I NT: OERT SCALE: 1 PAN N/A �SNITNm 02 ENGINEERING CONaSsn wiiiNm3. INC PRELIMINARY PLAT OF = PRESTWICK OF YORKVILLE SUBDIVISION _ dip "v°O„+»JOaenr.,`�Prs°Oe»asie.'O°,s 0 p°y Yb9 OI,M�H ,O CBS _ ��w rory I I. II Irr vi. II .s r°Ig 0x ... 5 �°~ kc ii WX 6 IN GRAPHIC SCALE It INEE Ail i11 I / �Y ,,,.. I s•Y, a .,+g. ' ,i' Y It . I'r„ms IPA hhe ss / • 'd , ;may T Ly Ig .vn u , m An n �°5 sh a asx S E=t gyp, :rS +azsk 1yF /,,ta�' ic'A '.p •f�a ps� Y.�Ts\7�_ .V:,. ` a � i ..e. v e e' ,. u ....�` '` mo �l � 0. r# .ry `+pi's 4d•Y r,. 9ox'" ms's C�qt-/si.xcl WIN WY Via ="v»� It ' y, . '� mss.. fs n •06°- �" — �,y.P , 'r�- it �� • BLS A YFY iA '{' ..: ` It TIPS s ,y^ It Im PLAT OF S RI e l ti , n 51. .t 1 §}_ F4ESlWICK CF TCF.VAlE 60M51CN 4.. ] u+ T, Im 3 YORKVLLE. UPK 5 gr'Jy S I I F .YV6R T3' INS z� imtl I 6s aLp, F ` .m �` rm z'�: aa.xa aVx Vk¢ sss n�Txa. . vm wxvxw. ••� e, rwi uu: 2 SMITH ENGINEERING CONSULTANTS, INC. PRELIMINARY PLAT OF °" ' °° Ti ` ENGINEERS SURVEYORS \ PRESTWICK OF YORKVILLE SUBDIVISION IL,�SPROF%SI;��1 ° PUSH!100106 ILLINOIS PROFE95IONLL 0E91CN eFpW / 18.-000100 6°MR RE, DJ0269-PPE-/NNEX-EMIOIISOnq HEW 0O 69-02 RO NEPo OJ0269-02 $61t IP!4 MIX.Y S1_THA(X arm Eg�r r_SerArc ''% AREA LOCATION MAP o a/. Lo7�`\ S s uAPEF CO r T AA S f .. 00 RJOT f 41n0 5 FOOT f \ s S SCE lJRJ/Y E QPAN4GE Fa�tB•/TS ! \ SAS B tlOrrs. 1,11 $ OM1BA'N� A01® i I. 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K.inB m.e„ — b��ffi m..m IS " ;;°?;K 8 'm m'.I` e Fm OF .+ a mom ^ ,Y, + I 1 ]°00' 6698' 13711' 60D0' m BnON eaon• aB' eD OV .00' 2655.59' 586°04'01"N� NO193'S5W JO' Q'CEPIED AREA AREA LOCATION MAP W— B :SMIL MI!Y S� iBGCX GAVD EG,C.SCMABN? OETGC AW LOTS SHN.I. N4DE K10 FOOT 8 JI 10.0 FOOT GENIE? N,D 5 FOOT SR U2?r E PPGNAGE EA�.BJIS f, EA SEN' Dn SOTm GRAPHIC SCALE l Eeff 1 OTTY SEEN ARE SWO VNLESS O Ne IN MDICR LED M. ERE ary siaxM sExzRSOSUn r sE.sxs av wa rtw ' 'm 5 N. RUN .ILMh 90E LOT ME AYMWUM 10 FOOT WE (10 RE GM SW MOY ew 0R AL{FASLEE )SNALL BE PPoNON. rl0" adaE IN FEET ) 1 — 110' 610E 1 ,neh - 100 (t. 5 D IFTE-� r+� AO• REI as„EALB PRELIMINARY PLAT OF > LOD' 95L PRESTWICK OF YORKVILLE SUBDIVISION 10' MW SMF OR fOF OE ONE (TOTAL) r xrSrN, ( � YORKVILLE, ILLINOIS W10�' OBVi E) rs AN Y ac E. J = J 110' II EXHIBIT III +�' LL RENSIWIS p1Ml BY: ENT. GATE: PROJECT N0. WIN ani 04125105 030269 LINE f $I STTiL�f 1 DSN BY: INL HORIZ SCALE: SHEET NO. OW NOT TO J MIT s 1=100' CHK BY: INT: OERT SCALE: 3 5 PJH N/A M e SMITH ENGINEERING CONSULTANTS, INC. PRELIMINARY 1IN�RC J 7\1.l OF STROC ENGINEERS AND SURVEYORS 1 ULNOW 1V lY 1■ :me.�m e6 PA 45D-U�7$40 PRESTWICK OF YORKVILLE SUBDIVISION 1111NOL9 PROFESSIONAL DESIGN eFiRN At I8H-000ma CWP. RE 030269-AN-ANNEX-FM0ITOd,q PLOT FILE,STANOARO NEW DJO269-05 L£Sd_L eescee�nc4�s PARCEL ONE THAT PART OF WE SOUTHEAST QUARTER OF SECTION 3 AND PART OF EAST HALF OF SECTION 10, TOWNSHIP 36 NORTH, RANGE 7 EAST OF M£ NINE PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT ME INTERSECTION OF ME WEST LINE OF THE SOUTHEAST WARIER OF SAID SECTION 3 WM TIE CENTER LINE OF THE YORKNLLE AND PLAWRELD ROAD (ROUT 126); THENCE SOUTH 01 DEGREES 23 MINUTES 53 SECONDS EAST, ALONG SAID WEST LINE 775.71 FEET TO TIE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION J. THENCE SOUTH 01 DEGREES 32 MINUTES 35 SECONDS EAST ALONG ME WEST LINE OF ME EAST HALF OF SAID BECTON 10, 365305 FEET TO TIE SOUTHWEST CORNER OF LANDS CONVEYED TO ROBERT M AND ELAINE E. STEWART BY DOCUMENT NO. 72-5656; MENCE NORTH 88 DEGREES 04 MINUTES 01 SECONDS EAST, ALONG ME SCUM LINE OF SAID LANDS PER DOCUMENT NO, 72-5656, 2655.55 FEET TO TIE SOUTHEAST CORNER OF SAID LANDS PER DOCUMENT NO. 72-5656, SAID POINT BEING ON THE EAST LINE OF SAID SECTW 10, AND 1644.60 FEET NORTHERLY OF (AS MEASURED ALONG SAID EAST UNE) ME SOUTHEAST CORNER OF SAID SECTION 10; MENCE NORM 01 DEGREES 27 MINUTES 24 SECONDS WEST ALONG ME EAST UNE OF SAID SOUTHEAST OMN IER, 1006.36 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; NONCE NORM 01 DEGREES J2 MINUTES 43 SECONDS WEST ALONG TIE EAST LINE OF ME NORTHEAST OUARTER OF SAID SECTION 10, 1188.00 FEET TO A POINT ON ME EAST LINE OF SAID NORTEAST QUARTER WHICH IS IS CHAINS NORTH OF ME SOUTHEAST CORNER OF ME NORTHEAST WARIER OF SAID SECTW 10; MENDE WEST PARALLEL TO ME NORM LINE OF SAID SECTION 24 CHAINS: THENCE NORM PARALLEL TO ME EAST LINE OF SAID SECTION TO ME CENTER LINE OF ME YORKNLLE AND PLAINRELD ROAD (ROUTE 126); MENUS NORTHWESTERLY ALONG SAID CENTER LINE TO ME POINT OF BEGINNING (EXCEPT MAT PART OF ME SWMEAST QUARTER OF SECTION 10, TOWNSHIP 36 NORM, RANGE 7 EAST OF ME THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS COMMENCING AT ME SWMEAST CORNER OF SAID SECTION 10, MENCE NORTH 01 DEGREES 27 MINUTES 24 SECONDS WEST, ALONG ME EAST LINE OF ME SOUTHEAST QUARTER OF SAID SECTION 10 1644.60 SOUTHEAST CORNER OF LANDS CONVEYED TO ROBERT M. AND ELAINE E. STEWART BY DOCUMENT NO. 72-5656 FOR ME POINT OF BEGINNING; MENDE SOUTH 88 DEGREES 04 MINUTES 01 SECONDS WEST. ALONG ME SOUTH LINE OF SAID LANDS PER DOCUMENT N0. 72-5656, 2655.55 FEET TO A POINT ON ME WEST UNE OF ME SOUTHEAST CHARTER OF SAID SECTION 10; THENCE NORM 01 DEGREES 31 MINURN 35 SECONDS WEST ALONG ME WEST UNE OF SAID SOUTHEAST QUARTER, 3000 FEET THENCE NORM 88 DEGREES 04 MINUTES 01 SECONDS EAST, PARALLEL KIM SAID SOUTH LANDS, 2655.59 FEET TO A POINT ON ME EAST LINE OF ME SOUTHEAST QUARTER OF SAID SECTION 10; MENCE SOUTH 01 DEGREES 27 MINUTES 24 SECONDS EASE ALONG ME EAST LINE OF SAID SOUTHEAST QUARTER, 30.00 FEET TO ME POINT OF BEGINNING) IN ME TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. PARCEL W. THAT PART OF ME NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 36 NORM.: RANGE 7 EAST OF ME MIRO PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS BEGINNING AT A POINT ON ME EAST LINE OF SAID SECTION 10, WHICH 15 18 CHAINS NORM OF ME SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE WEST PARALLEL TO ME NORTH LINE OF SAID SECTION 10, A DISTANCE OF 24 CHAINS; THENCE NORM PARALLEL TO ME EAST LINE OF SAID SECTION TO ME CENTER LINE OF ME YORKNLLE AND PLAINFIELD ROAD, THENCE SOUTHEASTERLY ALONG ME UNE OF SAID ROAD TO ME EAST LINE OF SAID SECTION 10, THENCE BOOM ALONG ME BECTON LINE TO ME POINT OF BEGINNING (EXCEPT NAT POINT DESCRIBED AS FOLLOWS MAT PART OF ME NORTHEAST WARIER OF SECTION 10, TOWNSHIP 36 NORM RANGE 7 EAST OF ME THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS COMMENCING AT ME NORMWEST CORNER OF SAID NORTHEAST QUARTER; MENCE NORM 89 DEGREES, 17 MINUTES 38 SECONDS EAST ALONG ME NORTH LINE OF SAID NORTHEAST QUARTER, 76209 FEET TO ME CENTER UNE OF ILLINOIS STATE ROUTE NO. 126; THENCE SOUTH AS DEGREES, 28 MINUTES, 45 SECONDS EAST ALONG SAID CENTER LINE 516.17 FEET FOR ME POINT OF BEGINNING THENCE SOON 43 DEGREES, 28 MINUTES 45 SECONDS EAST ALONG SAID CENTER UNE 85.67 FEET, THENCE SOUTHEASTERLY ALONG SAID CENTER LINE BEING ALONG A TANGENTAL CURVE TO ME LEFT HAWNG A RADIUS OF 019. 12 FEET AN ARC DISTANCE OF 521.99 FEET MENCE BOOM 33 DEGREES 03 MINUTES, 25 SECONDS WEST 194.23 FEET, NONCE NORM 54 DEGREES, 19 MINUTES 30 SECONDS WEST, 400.0 FEET,, THENCE NORM 02 DECREES, 17 MINUTES 05 SECONDS EAST 394.67 FEET TO ME POINT OF BEGINNING) IN ME TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. LOT WIDTH AT BUILDING SETBACK TABLE I CURVE TABLE LOT NO WIDTH LOTNO. WIDTH LOT NO WIDTH I LOT NO, WIDTH LOT NO. WIDTH CURVE LENGTH RADIUS CHORD CHORD BEARING CURVE LENGTH RADIOS CHORD CHORD BEARING 1 84.90 72 8049 143 80.00 214 8000 285 100.08 Cl 3742 25.00 3402 SD•19'36'W C58 26,57 25.00 25.34 N84.27'28'W 2 BODO 73 60,03 144 80.00 215 8000 286 8187 C2 39.27 2500 35.36 S74.47'52T C59 40.80 25.00 3642 SUI'48'D9'E 3 0000 74 8000 145 GOOD 216 0000 287 6046 C3 38.84 125,00 38.69 N68.4D'59'W C60 3927 25.00 35.36 N89'57'14'E 4 8177 75 94.03 146 8198 217 BODO 288 8051 CA 35.22 2500 32.38 N44.4D'13'W 061 3927 25.00 35,36 S00'D2'46'E 5 82,09 76 97.93 147 82.52 218 BODO 289 80,94 CS 36.57 2500 33RD S55'34'45'W C62 3927 25.00 35.36 S89.57'14'W 6 8000 77 97.93 148 82.52 219 8081 290 81.05 CG 36.67 25.00 33.4] N28.2D'55'W C63 39,63 2500 35]5 N31.56'26'W 7 BD.00 78 851] 149 80,39 220 8D.66 291 110,00 C7 3360 25.00 31.13 S51.1]'44'E C64 3927 2500 35,36 N57.24'55'E B BODO 79 80.00 150 80,00 221 GORE 292 99,96 18 34.02 2500 31.46 N17.05'31'W C65 31.94 2500 29,81 S38'0913B'E 9 8000 BD 8049 151 100 BD 222 8000 293 12076 C9 35.22 25.00 32.38 N54.36'04'E C66 39.27 GEM 35.36 S43'26'37'W 10 GOOD B1 WAS 152 90.24 223 BODO 294 126.00 CIO 3927 25,OD 35.36 S43'27'25'W C6] 392] 25.00 35,36 S46'33'23'E 11 80.00 82 81,49 153 ED 00 224 10000 295 80,00 CII 39.27 25.00 35.36 S46'32'35'E C68 232.16 250.00 223.90 S68'21'45'W 12 94,61 83 10072 154 BO,00 225 80.00 296 80,00 C12 39,44 25,00 35.46 N46.44'17'W 069 380.82 40000 366.60 N60'47'34'E 13 82.22 84 102.41 155 80,00 226 80,00 297 -60 DO C13 39.10 25,00 35.23 N43'15'43"E C70 157.76 EKXD 141.90 S46.44'17'E 14 8D.10 BS 9070 156 BD,DOI 227 80,00 298 84.51 C14 3927 25.00 35.36 N43'D4'01'E I C711 6.81 1000.00 6.61 SBB'15'43'W 15 80001 Be 122.60 157 BODO 228 89,99 299 97.93 C15 3927 25,00 35.36 S46.55'59'E C72 15776 10000 14190 S46.44'I7'E 16 140,61 37 80,00 158 BODO E291 100.11 3001 MISS C16 3910 25.00 35.23 S43'15'43'w L73 681 1000,00 6,81 N01.44'17'W 17 11075 Be 80.00 159 114,26 230 BODO 3011 168.58 CI] 39.44 2500 35.48 N46.44'17'W C74 6.81 1000.OD 6.81 S01'44'17'E 18 80.00 89 80,OD 160 8100 231 GOOD 3021 136.72 018 3610 2500 33.04 N73.24'38'W C75 157.08 100.00 14162 N46'32'35'W 19 164.98 90 60,00 161 81.51 232 GOOD 303 8010 CIO 36.10 25.00 33.04 SD9'18'50'W C76 188,94 250,OD 184.46 S20.06'29'W 20 82,40 91 7680 162 80.00 233 88.50 304 8010 C20 3520 25.00 3236 S73'51'26'W C77 82.70 100 OD 8036 S25-14-54-E 21 77.91 92 77,80 163 8000 234 9570 305 8009 C21 35.20 25.00 3236 N06'49'D9'W LJB 7590 100.00 7409 S23'18'04'E 22 8000 93 77,80 164 80,00 235 8000 306 8000 C22 35.06 2500 3226 S84.39'48'W C79 3055 10000 30.43 S36.14'54'W 23 BODO 94 77.80 165 80,OD 236 GOOD 307 80,00 C23 3506 25.00 3226 514.59.05-E CEO 15GA2 100,00 140,96 N43.15'19'E 24 80.00 95 8018 166 80,00 237 80.00 308 8777 C24 33.60 25.00 3123 N25'42'47'E CBI 13305 250,00 13146 N16.48TSDW 25 80.00 96 80.00 167 100,00 238 8000 309 F2 C25 C25 3204 25.00 29,89 S23.3210B'E C82 37.62 200 OD 37.56 S50'26'05'E 26 80.00 97 8000 168 9624 239 88 81 310 12076 C26 21.69 25,00 21.01 N2D'OG'47•E C83 5829 50000 56.26 S59.09'49'E 27 80.00 98 80.00 169 80.00 240 8609 311 155.]6 C27 21.90 25,00 21.21 S69.57'05'W CB4 317.13 175.00 275.48 N65'34'STE 28 BODO 99 8010 170 SO,OD 241 BODO 312 11544 C28 13.33 25 OD 13.16 N12-23 02'E C95 25322 200.00 236.64 S61.13'31'W 29 8GOOl IOU 120,98 171 GO.DO 242 80.00 313 8023 C29 28.22 25,00 26.74 S59.49'59'w C86 25.16 30000 2515 N58.13'33'W 30 80,00 101 120,98 172 80,00 243 80.00 314 110.D0 I C30 3927 25,00 3536 S17.30'13'E C67 7511 100.00 73.35 1N34-18'27-W 10'27'W 31 8000 102 8000 173 I0.DO 244 8000 315 9829 C31 3 927 25.00 35.36 N72'29'4T'E CBS 192.]] 500.00 191.58 32'55'E 32 8000 103 8000 174 105.69 245 10578 316 8006 C32 392] 2500 35.36 S89'57'14'W C89 15642 10000 14096 .15'19'E 33 81.DO IN 80.00 175 10490 246 10916 317 8006 C33 392] 2500 35.36 SOO'02'46'E 1.90 19257 1000.00 19227 33'46'E 34 11856 105 6000 176 10490 247 131BD 318 8003 1.34 3271 25.00 30.43 SB2'26'26'W 091 ]B.A 100.00 J6.J5 0]'l5'W 35 BODO 106 8198 177 10170 248 12] 43 319 8000 C35 4206 25.00 37.27 S49.45'09'E C92 121.92 50000 12162 34'14'W 36 G0.DO 107 8252 178 8049 249 LOGO 320 80.00 C36 36.48 25.DO 3333 S40'14'51'W C93 362.16 1000DO 36019 54'19'W 37 8000 108 82.52 179 80.49 250 GOOD 321 8000 C37 42.89 2500 3782 N20.54.07'E C94 135.82 50000 135.41 29'S4'E 38 8000 109 8031 180 8251 251 80.00 322 11720 C38 40.79 25.00 36,41 N63.12'30'W C95 228 86 500,00 226.8] '10'04'E 39 114.1] 110 6000 1BI 8200 252 107.12 323 12076 C39 31.94 25.00 2981 S38.09'38'E C96 18626 750,OD 18576 09'57'W 40 88.97 111 10000 182 82.00 253 8046 324 120 ]6 C40 35.20 25.00 3236 S45'OS'OD'W C9] 13881 200,00 13604 V'21'w 41 83.88 112 9745 183 8788 254 164.73 325 13586 C41 36.62 2500 34.89 N39.27'44'W C98 39140 300DO 364.22 34'4t'W 42 9313 113 80.00 184 9010 255 82.00 326 94 2D C42 3943 25,00 35.47 S46.44'41'E C99 369.68 ]5000 365.95 40'38'W 43 99.1 114 80 Do 165 9010 256 8000 327 80.20 C43 39.11 25,00 3524 S43'15'19'W CIDU BOLIN 300.00 44532 N3640'27'W 44 101.09 1151 107.32 186 9DIDI 257 83,001 328 80,00 C44 42,69 25.00 37.69 S47'21'44'W C101 344.67 500.00 337,69 SOB-30-10-E 45 11951 116 110,05 187 80,DO 258 10453 329 80,00 C45 3958 25,00 35.57 N46.54'33'W 0102 652,05 30000 53107 N34.OD'53'E 46 10823 117 8988 186 GO 001 259 80,48 33D 80.DOI C46 4011 25,00 35.95 N36.07'55'E C103 514.59 300.00 45378 S50'41'46'E 47 60,00 110 11000 IB9 BGIqI 260 GOOD 331 83491 C47 3927 25.00 35.36 S54.50'09'E 0104 281.28 100000 280.36 S88.13'2D'w 48 80,00 119 80.00 190 13230 261 8078 332 87 OGI CAB 3927 25,00 35.36 S35.09'51'W C105 283.95 500.00 280.15 N26'41'04'E 49 80.00 120 GO,OD 191 10],94 262 8575 333 86,431 C49 3870 25 DO 34.95 N54.10'54'W CITE 283.95 500.00 28015 S28'41'04'W 50 GO.DO 121 so DO 192 80.001 263 9575 334 80.001 C50 37.01 25.DO 3372 S62'03'19'E C107 5543 500.00 55.40 SOP3T10'W 51 89.81 122 109.93 193 80.001 264 8575 335 114.841 C51 36,67 25.00 33.47 S33.30'48'W C1OG 274.20 150.00 237.56 N07.24'49'W 52 100.00 123 100,00 194 9027 265 82.51 336 80.001 C52 36,67 25.00 3347 N57.16'O1'W C109 192.54 BOOM 189.25 S73'32'49'E 53 90.00 124 80.00 195 151281 266 63.24 337 200 D91 C53 36.67 RGDO 33.47 N38'4l'58'E C110 349.61 BOOM 3D6.77 N69'43'ID'W 54 8000 125 80,00 196 116.50 267 85,34 336 80.00 C54 36.42 25.00 34.75 S38.37'19'E CUT 15782 500.00 15].16 NID'35'S5M 55 SO.0O 126 80,00 197 8252 268 85.34 339 87.47 1.55 392) 2500 35.36 N5044STE C112 144.51 100000 144 36 S05.41'46'E 56 61.84 127 60.DO 198 82,52 269 89.55 340 87.47 1.56 34.46 25.00 31.79 N84'26'14'E 0113 ]2.25 50000 72.19 N05'a1'd6'W 57 8574 128 8000 199 60.00 270 BECK 341 62.76 CS7 19.38 25.D0 18.90 S38-12,52-E 58 10228 129 80.00 200 80.19 271 105.13 342 BODO 59 99.17 130 129.65 201 80,00 272 132.97 343 8000 60 99.56 131 10076 202 8000 273 8001 344 BRIG 61 94.68 132 11776 203 BODO 274 SODO 345 80.20 62 8771 133 80.66 204 80.00 275 80.26 346 9914 63 8320 134 80.43 205 8000 276 MET 347 147.35 64 69.24 135 so DO 206 80.00 277 81.31 348 104,05 65 60,00 136 82.92 207 ID000 278 80,DO 349 8970 66 92.59 137 82.52 208 80.00 279 80,00 350 84.85 67 8378 136 8292 209 60.39 260 80.051 3511 90.00 68 83.78 139 RICO 210 SEES 281 80.061 352 9006 69 80,49 140 80.00 211 82.52 282 8006 353 83.95 JD 80,49 141 BDDO 212 8198 283 8006 354 GD.13 711 60491 1421 8QUDI 2131 BOUO 284 80.07 355 88.96 PRELIMINARY PLAT OF PRESTWICK OF YORKVILLE SUBDIVISION YORKVILLE. ILLINOIS EXHIBIT 'B" REPSCNS 1 DNA BY: I INT. I DATE PROJECT NO. L JOS 04/25/05 030259 2 DEN BY: IN I' I HORIZ SCALE: SHEET NO. DONS I I NIA CHI BY: I INT. VERT SCALE: S P9 I MIA PRELIMINARY PLAT OF SMITH ENGINEERING CONSULTANTS, INC. j IR PRESTWICK OF YORKVILLE SUBDIVISION °`` `� '6 ` y y� IWN019 PROFESSIONAL DESIGN ,FIRM / 104-000108 N R, Towns l l e , ' 1 111 101 COMP. ME. O p269- RE- EX-EMIB15.hg Kendall Towns� i Kendal CountX PLOT MI:SITC STANDARD n J4 3a ` pp nEW EYHIB/] c J 3 , Section 10 , Township :i� North Range / East BS_D3-3@D_DID P' Existing Zoning - (Kendall Count A-1 LOCATION MAP - aQO.ccr GERARDO BARAJAS & MARGARITA CARCIA y FROG 8591 ROUE 126 Proposed Zonin (City of Yorkvil�e, R- _ YORKNLLE ILLINOIS 60560 ) �r I Y Plat repared for: E • '/ . �• �� , Yorkvillearms Development, L. L . 0 \ \.\ 1650 S . Parker Road L. L . C . ,, $ Homer Glen , Illinois 60491 " ' - . 05-03-400-001 Phone : (708) 259- 1751 ' "�" ^ , ' GEORGE E BLOCK 6 C/O HARRIS ONROE SUIT MUST Fax: (708) 45-0044 - '• ' �. '"' ` , L 11 ]1/ W. MONROE SUITE 03 • 9 S •k CHICAGO, ILLINOIS 60603 Pro ect Contact: R "'x i w5 Mr- a aabiSChi u. °,.Fy �° . s, 05-OJ-JOO-024 ' ... Mr. Michael Harper 'A1 • '1 ... . ;° L CREEK PARTNERS LLC 1 v.V+u��,wN y k- ^ C/O RICHARD GUERARD $Ml7H 9NGN EPA OIVTA T Ai',' �'' '' CU {0 605 LINDSAY CIRCLE x PETER J. HUINKER P.E., GENERAL MANAGER OF LAND DEVELOPMENT .. ' ri NORTH AURORA, ILLINOIS 60542 3 ``� (630 553-7560 -' . ti ( 4 RAND W. SCHULTZ P.E, PROJECT MANAGER •' '�..•- c.+ w. : .T (630) 553-7560 N6rmxna �^OS (630) 553GUY 6 P.LS, SENIOR STAFF SURVEYOR 3d Y / 03 �ml n J J 10 2. 05-10-200-005 05-10-100-010 PARTN RS P 32 1 1 6 .A^�.y DA WD C & ELl2ABE]H A. BOWNE I LANDS DEDICATED FOR PUBLIC CREEK HARD GUELLC 131 I g ?, V 8122 ROUT£ 126 I = ROAD PURPOSES, RECORDED C/O RICHARD GUERARD J� VORKMLLE, ILLNOIS 0560 3131 11936 AND]/t Lt936. 605 UNOSAY CIRCLE `` B NORTH AURORA, ILLINOIS 60542 30 1 I I t0 / 29 05-10-100-001 1 11 / ' \ MARY BLOCK I / // / C/O HARRIS BANK (RUST O$- 7I- 100-001 2e I. 1 1 , a III W MONROE SUITE 76W MARY BLOCK ` '. CN/CAGO, ILLINOIS 6050) z] 1 i 12 13 14 15 4 42 ! �6 I 171O W. MONROE SUITE 16W PARRIS BANK TRUST 25 r- =_ , 43 I CHICAGO, ILLINOIS 60603 25 17 4'1 05-I0-100-008 EuAREA WYCIO RI HARD LE HOMES 124 1 I ( 16 / r 4 1 1 a5 AREA C60 RICHARD GUERARD 1 356 ' 4t 1 ' 1 JR. ME MARY S 605 LINDSAY CIRCLE 23 1 JAMES ✓R. & MARY SENgSE NORTH AURORA, ILLINOIS 60542 I 19 / / 40 1/ 46 ` , 8025 ROUTE 116 39 47 \ .�\` I YORKNLLE ILLINOIS 60560 2t \ , • // 3e . �`c 4B 49\ \ 55 ' • / 31 / 50 54 20 E 36 235 24�_ 35 /E 23fi 244 52 5] p• 23T / � r. 00 // .: 50 / 65 1 ` \ / 339 242 zd] z4e \I Sg 50 6 / ' ' I APPROXIMATE \ 341 ; 34fi 249 250 .\ _ 66 IT 1 LOCATION OF 240 ��,, z6e 251 L 68 LIFT STATION _I TO BE PROPOSED 259 356 253 271 M1Y 69 1 360 250 \1 255 % 70 254 270 W 362 ]1 1 263 ` _/� 269 2]2 11 293 N 1 264 2fi5 ` - ' 263 359 YG 1 05-11-100-001 Z 323 190 2fifi 2G] 2]3 i 0) MARY BLOCK 2g2 = C/O HARRIS BANK TRUST Do 222 Igi 1 2W 269 266 ]3 r 111 W. MONROE SUITE 16W m CHICAGO, ILLINOIS 60603 N 221 / i 192 ♦ 291 __ 207 I' ' ]9 1 '{ 220 / 193 t09i88 1` ` / _�\� ♦ MH 2]5 ]5 I 70 194 301 % 265 2� 2B3 282 281 300 R]9 2]0 2]] 276 1 1 O 219 196 1B> 303 I ]5 I D SIT 86 210 % 303 ]] i Q 21] - _—` ` 190 185 299 1 ` 337 338 339 %0 341 342 343 76 1 1 I 22A 233 `1 t64 i'1 304 298 344 345 3d6 1 FLORENCE BLOCK 216 I 199 I 336 1\ , T9 FLORENCE BLOCK 305 1 C/0 AMY HECKER 1 I j 225 232 103 I 2W 1 1 355 354 353 353 351 4 ` 1]] W.CHICAGO, ILLINOIS SUITE I6W 215 1 I 1 200 335 350 5Q9 36B b] 1 CHICAGO, ILLINOIS 60603 226 231 182 2H 1 201 1 213 N � I 312 334 333 332 331 330 1 I 0 II m _, ,yam .a \ 228 129 I 1 203 180 � 296 � 339 328 32_]_ 326 111"'-1 1 10 10 m 4 , 1 g 1 3t3 ]2d P, 512 BENCHMARK [ /: P211 -- I 204 t]9 \I 310 JI 1 316 3t6 31] 318 319 J2j / / 03 i 5/B' R58AR INM YELLOW CAP OROJT IN GROUND IM ME 2t9 1 205 176 311 314 320 321 323 MOST DRIACF°N OF IL FW2126 R IS RES]ERN 209 308 2W M05T S GRAM ORSNOICU TD PROPERLY. EDGE IS 52' MID + - PERPENOIF EDGE O RT. 116 DRIVEWAY OF PAVEMENT PND h/- SYNEST OF EDGE OF LWAYE. OWYEWAY. FEBAR I$ /\/) 5]J' N0.PRIN£51EFLY OF POWER pp(E. 168 1]6 itI fl I'0 1 1 100 85 1 ELEVATION: 64221 (NAM 86) 169 PO Ili PTE 1]3 114 1]5 131 t30 118 1 I 1 66 1 SIT BENCHMARK / 2: - C ,132 102 99 ( 05-11-300-001 -- ___ _ � \ FLORENCE BLOCK _ __ 129 it9 115 5/e' ROAR MM YELLOW CAP ORIt£N IN GRWryO EXACRY _ _ � 1 I 1 103 98 j 6] 1 C/0 HARRIS BANK TRUST SAN'SOUTHERLY (IVWAFF FCAD) OF SIZE BM / I. REBAR 15 - 133 1 1 1 111 W MONROE SUITE I6W NORINNESIERLY OF POINT! POLE, t5i 1 t28 I 120 114 I BB I CHICAGO, ILLINOIS 60603 REVAPON: 642.29 (NAM 86) 16> 166 185 16d 163 162 16t t60 1 1 I IN 97 1 LOCAL BENCHMARK: 1 1 1 134 12] 1 121 ' t13 1 1 1 09 359 i YORKNIE, 1.5 MILES SE OF. ALONG HIGHWAY 116, J70 FT 150 1 I 1 106 96 1 EAST OF HIGHWAY H AND 126 /NIERSECTON, 36 FT NORIN 159 135 126 t22 112 99 OF AND NORMAL TO CENTER OF HIGHWAY 116. 8 FT NEST C, 1yg 152 153 154 155 156 15] 158 106 95 1 RUGHONE POLE M CORREIE POST STANDARD TABLET 1 STAMPED 'rr 14 Gr 1961' __ 136 125 1 &EVAROK XTM65 (NAM 66) -�� ' 91 148 \____ / ' -_ , _ _ izd 1 I ID] g4 1 Leazu 13T 92 1 1n n6 109 16e 63 CEN]ERCINE t47 148 145 144 143 142 141 140 139 136 133 1 I -- BOUNDARY LINE ° RIGHT OF WAY LINE LOT LINE _.... -.- BUILDING SETBACK LINE -- - - - EASEMENT LINE 05-10-400-001 EXISTING DEVELOPMENT GEORGE E BLOCK ..._. __.__._._ 7401 BLOCK ROAD YORKNLLE, ILLINOIS 60560 -V _P . �� PO5-10-300-001 L ANNOTARON ABBR£NA]IONS 15 14 �BSL = BUILDING SETBACK T 05-l0-400-002 9 O.E. = DRAINAGE EASEMENT CRA/G S ]ESKE & WEADY 5. NOFMEISIER UE = PUBLIC OFLBE EASEMENT ROG = POINT OF BEGINNING PREPARED ON (04/25/2005] KWIC ASHLEY ROAD POC = POINT OF COMMENCEMENT YORKNLLE;ICUNgG 60560 OS-10-400.001 GRAPHIC SCALE D.& U.E. = DRAINAGE AND UTILITY EASEMENT PREPARED BT: DORIS M LEIN - 0 Do DAD, IN MID SWE = SLOE WALK EASEMENT MARIANNE RICHARDS LID. 7725 ASHLEY ROAD S.W.M. = STORM NG ER MANAGEMENT PARTNERSHIP YORKNLLE ILLINOIS 60560 TRUE. = SCREENING EASEMENT 318 KENDALL ORIVE, S 103 ( IN EMT ) LR.f. = TEMPORARY ROADWAY EASEMENT YORKNLLE ILLINOIS 60560 CRAIG L. DOT , Inch a 200 N. LE = LANDSCAPE EASEMENT ILLINOIS PROFESSIONAL LAND SURVEYOR No. }}59 (EXPIRED! 11/30/06) 2. ]MS PROPERTY IS PROPOSED TO BE WIWIN THE CORPORATE LIMITS OF )HE CITY OF YORKNLLE. PRELIMINARY PLAT OF 3 51B" STEEL RODS SET 0 ALL EXTERIOR CORNERS UNLESS OIHERWSE N020. 518` LAW I.DtSEF 9AMd4P1r PRESTWICK OF YORKVILLE SUBDIVISION STEEL RODS WILL BE GET AT ALL IN]E'RIOR CORNERS WITHIN 12 MONTHS OF RECORDATION $ OF YORKVY012 ILLINOIS 4. DIMENSIONS ALONG CURVES ARE AFC DISTANCES UNLESS OiHEDWGFE NOTED. LAND USE ACREAGE TOTAL. ACRES DENSITY UNITS 5. NO DIMENSIONS SHALL BE ASSUMED BY SCALING SINGLE FAMILY DETACHED 114.16 ac. 59R 311 Cu oc NET 1 355 RETENTION & OFF N SPACE 30.94 PC, 16R EXHIBIT •C• 6. ALL BEARINGS AND DISTANCES ARE BASED ON A LOCAL COOROINA]£ SYSIEM. PARK 6.20 at. jr; LIFT STATION LOCATION Z W£2AND STUDY TO BE RENEWED BY GUY PRIOR W FINAL ENGINEERING INiLRNAL F.O.W. J6J2 Oc. 19R EX]£RNAL R.O.W. 576 ac JR REASONS DWN BY: INT: DALE: PROJECT NO. B BEAR SPACE TO BE OWNED AND MAINTAINED BY HOMEOWNERS ASGOCIABON TOTAL GROSS ACRES 19378 oC 100% I BJ GROSS 35 JGG 04/25/05 OJ0169 9. BEARINGS ARE BASED ON LOCAL COOFDINATE SYSTEM. IO FINAL PLAT WILL ADHERE TO MINIMUM ZONING REOUIREM£NTE PER ME UNITED CITY OF YORKFILLE MINIMUM LOT SIZE 12.000 9q. ft. 2 DEN BY: INT: NORM SCALE: SHEET NO. MAXIMUM LOT SIZE 27,056 sq It J OWS 1'=100' AVERAGE LOT SIZE.' 13946 9q. It. CHK It IMF. VERT 5CALE 7 P✓R N/A PRELIMINARY PLAT OF SMITR ENGINEERING CONSULTANTS, INC. CML/STR v lu& ENGINEERS IR TTS,o a AND 69URV8T0R9 PRESTWICK OF YORKVILLE SUBDIVISION ..,,S R�esSIONALDES NFI�!°84-000108 N R_� o rkv' lie ,e I i n o i COMP. FILL 0,0269-PRE-fNMEX-EkHrBI]SM9 — �� 1 N£W. EXINFT 00PR0 Kendall owns enda I County 3 3 Section 10 , Township 36 North Range 7 East 05-OJ_J00_0)D a Existing Zoning - (Kendall County A- 1 � LOCATION MAP ' AREA GERARDO BA05-03 & MARGARITA GARCIA f1 ra. 8591 ROUTE 126 � � YORKVILLE, ILLINOIS 60560 i Proposed Zonin - (City of Yorkvi e , R- Plat Prepared for: L. L . C ., men r Yorkville arms eve o p n CAL 1650 S . Parker Road \ Homer Glen , Illinois 60491 s .. , OS-OJ-40BLOO5 Phone : (708) 259- 1751 [} GEORGE E BLOCK 6 �. R( . II HARRIS BANK TRUST Fax: (708) 45-0044 ' vn•.a: ' •, i/ '1' 11/ W MONROE IS 6 03 au v t InnYm JI S ; CHICAGO, ILLINOIS6060) Protect Contact: `iy; ,ti,, a ,. g • ".�:, b ` Mr.matt Kia6lsch "v ` x Mr. Michael Har er 05-OJ-300-024 uxvb.° I• T CREEK PARTNERS LLC t a�/L1/]}/ bN(j CQNTACTI 9•" a 0/O RICHARD GUERARD 605 LINDSAY CIRCLE 2 PETER J. HUINKER P.E., GENERAL MANAGER OF LAND DEVLLOPMENJ ri'. Cm- N NORTH AURORA, LLUrvOIS 60542 3 't (630) 553-7560 "'� ":•Td;:.": a); : 11 ,. .. DA ND W. SCHULTZ P.E., PROJECT MANAGER _'"•' ' ° ^�M= >" CRAIG L B DUY P.L.S., SENIOR STAFF SURVEYOR n 0�1 (630) 553-7560 ___ :fiJ m33111 ___ Njz1 . •1 ROUTE 126 D ems. MAIN ENTRANCE ' `' ROADWAY 05-10-200-005 32111 B d IMPROVEMENTS DAVIOC ..BOWNE I LANDS DEDICATED FOR PUBLIC as-ra-ro0-Dr0 ROADWAY CREEK PARTNERS LLC 131 p� o 6222 ROUTE 12E 1 = ROAD PURPOSES. RECORDED IIP C/O RICHARD GUERARD I 9 IMPROVEMENTS `81 f GT YORKNLLE ILLINOIS 60560 L31I1936 AND ]/15/193fi. 605 LINDSAY CIRCLE 1 1 t0 t t . . .,J NORTH AURORA, ILLINOIS 60545 30 1 I 1 9 r 05-10-200-001 29 1 r Ii nu�'j ,?te MARY BLOCK C/O HARRIS BANK TRUST OS-11 100 DO) 28 I 1 hI} 1)1 W MONROE SUITE 16W MARY BLOCK 1 12 13 4 5 li s LI 2 CHICAGO, ILLINOIS 60605 i C/O HARRIS BANK TRUST 111 W. MONROE SUITE 16W zT 1 u 11I 42 ' • 6 ' CHICAGO, ILLINOIS 60603 25 1 1T Iflll : 05 10 100 006 1 1 16 I I 1 \ , I EXCEPTS WYNDHAM OEERPOINT HOMES 24 I I 19 " 41 45 AREA ' y I X1 .1 05-10-200-002 C/O RICHARD GUERARD 1 355 1`1 rl'I I JAMES ✓R. & MARY SENASE 605 LINDSAY CIRCLE 23 1 40 I 31.1 8025 ROUTE 126 NORTH AURORA, ILLINOIS 60542 19 6i E G 66 'i .}' I YORKOLLC ILLINOIS 60560 22 1 �� 39 A] A F (SII L I2 a 1 _ 68 49 1 38 ;a I 20 I 36 3T / , 236 234 a 50 265 4 35 23fi 52 / 5T 1 fi4 237 244 a V ' , . ♦ ' ` 242243 24\a�, 58 59 60 6t � / r 85 li'L 66 } \` 241 i /�/\ 2d6 250 \a• =�J � 6] p aV 259 \a 258 253 271 360 \/) 260 255 A / 2)0 a\a\ 262 ,` 71 N - 263 aa�_� 269 272 , W W 293 266 OS-11-100-00/ N / 1 265 268 358 273 ]2 (D MARY BLOCK 223 2fi6 261 = C/0 HARRIS BANK TRUST Z ` / i90 11 292 I T3 r 111 W. MONROE SUITE 76W 222 %i 191 1\ ` 290 269 288 274 , m CHICAGO, ILLINOIS 60603 N° 291 ,a 221 c ° c 192 1B9 , -�- 2] f1E1Y!¢ % 5 220 / / 19M1 1� 188 /' • 26fi 264 283 282 281 280 2)9 2]8 2]] I ]6 I�}14i O r 18]` �' 302 301 ` 265 - _ _ 21B I ( 1 ]6 e t 9 96 196 19] 186 300 _ �- �\ 1 TT 216 _- 1\ a 303 1 e 21] _—\ a 198 185 la1 1 SW 299 I 33] 336 339 340 36i 342 348 3q4 345 366 T8 p . 224 233 I 199 184 1 1 298 33fi 1\ ` ]9 O 216 FLORENCE BLOCK K 225 232 183 305 297 1 355 354 353 352 351 350 347 ` a C/O AMYRECK£R 215 1 I I 1 200 I 306 335 349 368 I III W MONROE LIREEJ SUITE 16W __ r CHICAGO, ILLINOIS 60603 226 231 I 182 296 �- 1 1 I 1 22] 230 j I 1 202 181 I I p: 296 1 � � 2 325 I I 61 ,C6 SR M 213 228 229 180 -� "306"' 94 312 332 3b 033 331 330 329 _ffi8 32_7_ 326 1 Tl _ pl. Ir (n 324 F 10 10 m _ 383 4 0 1 ♦ �� —�] I 2% 99 a 1Y 1 1 313 /a/ 1 83 318 320 323 I ASHLEY ROADWAY 91E BENCHMARK q 1: 4 \ 310 316 316 317 319 518' REBAR INN t£LLOW CAP DRIVEN IN GROUND AT IRE � e 2 1 I 1 205 i,q 3111 314 _ -- _ 32 322 �/ IMPROVEMENTS NORMNEST IMERSECROJ OF It RW]E 125 6' ME MO RRN MOST GRAVEL DRIVEWAY ID PROPERTY. GRANT 15 52' J NORTHERLY PERPENDICULAR TO PIT. 726 EDGE OF PAVEMENT ___ � � 5 AND f/- SYWEST OF EOGE OF GRAVEL DRIVEWAY ROAR IS t]fi / ,1] 116 101 iOp 86 573' NpP]HNES]ERLY CF POKER PWE 168 FIRM PON: 6221 (NA VD 88) 169 110 P1 1]2 1]3 1]4 1]5 131 130 iiB 1 66 05-11-JOG-001 RENCE Y]E BENGiMARN A2' _ _ � 132 I 102 gy ( FLORENCE BLOCK 129 119 115 1 I 1 8] 4fj, C/O HARRIS BANK TRUST 5/6' ROAR MM YELLOW CAP ORI4EN IN GROUND EXACRY �� '� 1 1 t03 96 , (e 111 W MONROE SUITE 16W EY SOUP¢RLY (TOWAROS ROAD) OF SIZE BH 11. FORMS Is 133 128 I I 1 114 I 86 s CHICAGO, ILLINOIS 60503 5A5' NORRIN£SI£RLY OF PON£R PO(E 7 - 120 E-61NARL 64229 (MID 88) 151 16] 166 165 164 163 162 181 160 1 106 W I t3 LOCAL BENCHMARK' 150 I I 1 1 134 127 1 I i 121 113 1 � 1 89 3591 )CANDLE ).5 MILES SE OF, ALONG HIGHWAY 126, 320 FT \ `1 EAST OF HIGHWAY 21 AND 126 INURSECPWJ. 36 FT NQPM 159 135 126 t22 .112 9p 1J{} OF AND NORMAL TO CENTER OF HIGHWAY 126. 8 FT NEST OF 169 152 153 15M1 155 156 1ST 156 f:(j1 TELEPHONE POE IN CONCRETE POST STANDARD TABLET 4 j STAMPED TT 14 GT 1952' --J c 136 125 I I --J c 91 ELEVATION: 72165 (NAVD 86) x_- 148 _ __ 124 1 I 107 96 i 137 92 1 t 111 110 ID9 10B 93 , ! ------- CENTERLINE 147 145 145 146 143 142 tat 1A0 139 138 123 1 BOUNDARY LINE ------- RICH OF WAY LINE LOT UNE I -- "" BUILDING SETBACK LINE - - EASEMENT LINE 05-70-400-001 GEORGE E BLOCK �� c - -- ---- EXISTING DEVELOPMENT 7401 BLOCK ROAD N R_ ..- YORKNLLE ILLINOIS 60560 }6� � 10 14 n 1. ANNOTATION ABBREVIATIONS - PO5-10-300-007 __— ___ —__ _— ___ — ____._ _ O >' BSL = BUILDING SETBACK UNE 05-10-400-002 6 D.E. = DRAINAGE EASEMENT CRAIG E T£SKE & RONEY S. HOFMEISER US = PUBLIC UTILITY EASEMENT PREPARED ON (04/25/2005] 7719 ASHLEY ROAD GRAPHIC SCALE P06 = POINT OF BEGINNING YORKVILLE, ILLINOIS 60560 05-10-400-00POC = POINT OF COMMENCEMENT PREPARED BY: DORIS M. LEIN D.& U.E. = DRAINAGE AND U➢UTY EASEMENT 7725 ASHLEY ROAD S.W.E. - SLOE WALK EASEMENT MARIANNE RICHARDS LTO. YORKNLLE, ILLINOIS 60560 S.W.M. = STORM WATER MANAGEMENT PARTNERSHIP BE, = SCREENING EASEMENT JIB KENDALL DRIVE ,f 101 ( W FRET ) CRAIG L R LR.E - TEMPORARY ROAOWAY EASEMENT YORKVILLE, ILLINOIS 60560 GUY 1 inch = 20o LZ - LANDSCAPE EASEMENT LLIN015 (EXPI M 11 LAND SURVEYOR No. 3359 (E%PITS$: 11/30/06) T THIS PROPERTY l5 PROPOSED ID BE WITHIN WE CORPORATE LIMITS OF THE CITY OF YORKVILLE. PRELIMINARY PLAT OF 3 5 18° STEEL RODS SET 0 ALL EXTERIOR CORNERS UNLESS OMERINSE NOTED 5/8" LAW SLIdWARY PRESTWICK OF YORKVILLE SLBDIVISION 57EEL RODS WILL BE SET AT ALL INTERIOR CORNERS WWIN 12 M0NW5 OF RECORDATION S OF YORKVILLE. ILLINOIS 4. DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED. LAND USE ! ACREAGE !TOTAL ACICESI OENSI TY IUNITS SINGLE FAMILY DETACHED 114.16 Oa 59TP 3.11 Cu ac NET 355 5. NO DIMENSIONS SHALL BE ASSUMED BY SCAUNG. RETENTION & OPEN SPACE 30.94 ac. 16% EXHIBIT TY 6. ALL BEARINGS AND 0/STANCES ARE BASED ON A LOCAL COORDINATE SYSLEM. PARK 6.20 ac. I ROADWAY IMPROVEMENTS 7 ARMAND STUDY TO BE REVIEWED BY CITY PRIOR TO FINAL ENGINEERING, INTERNAL NOW 36>2 ac 19$ EXTERNAL R.0. W. 1 576 OF I 3% I RENSKNS OMH BY: INT. OATH: PROJECT NO. B. OPEN SPACE TO BE OWNED AND MAINTAINED BY HOMEOWNERS ASSOCIATION. TOTAL GROSS ACRES 19378 Oc. IOOZ 1.83 IALNc GROSS J55 1. 1 ✓GS 04/25 OS 030269 9. BEARINGS ARE BASED ON LOCAL COORDINATE SYSTEM. MINIMUM LOT SIZE 12000 sq. ft. 2,1 1 DSN BY: IND MORE SCALE: SHEET N0. 10. FINAL PLAT WILL ADHERE TO MINIMUM ZONING REQUIREMENTS PER WE UNITED CITY OF YORKVILLE. MAXIMUM LOT SIZE..- 27.056 aq. ft. 1 OWE AVERAGE LOT SIZE..- 13,946 sq. ft. 4 CIA BY: TNT: PERT SCALE 1 PJH N/A Prestwick of Yorkville FEES PER UNIT A paid receipt from the School District Office, 602-A Center Parkway Yorkville, must be presented to the City prior to issuance of permit $3,000 Separate Yorkville-Bristol Sanitary District fee - made payable to Y. B.S. D. $1 ,400 United City of Yorkville Fees 1 . Building Permit Cost $650 plus $0.20 per square foot $650 + $0.20(SF) 2. Water Connection Fees SF and DU $2,660 2+ Bed Att N / A 3. Water Meter Cost Detached Units $250 Attached Units N / A 4. City Sewer Connection Fees $2,000 5. Water and Sewer Inspection Fee $25 6. Public Walks/Driveway Inspection Fee $35 7. Development Fees Public Works $700 Police $300 Building $150 Library $500 Parks & Recreation $50 Engineering $100 Bristol-Kendall Fire see note c below 500 Development Fees Total $22300 see note 8. Land Cash Fees "a" below Apartment Townhome Duplex Single Family Park N / A NIA N / A $1 ,608.81 School N / A N / A N / A $4,780 Land-Cash Fees Total $0.00 $0.00 $0.00 $6,389.29 9. Road Contribution $2,000 10. Weather Warning Siren Fee see note "b" below $75/acre Note: PUD agreement specifies that these fees are to be discounted a. For upfront land-cash donations figures, please refer to "Land-Cash" worksheet b. $75 x 193.8 = $14,535 c. 50% of BKFD is to be paid at final plat ($1722500) United City of Yorkville Land Cash Analysis for Prestwick of 26-Apr-05 Yorkville ESTIMATED POPULATION PER DWELLING UNIT TYPE PRE-SCH ELEMENT JHS HS ADULTS TOTAL DETACHED SINGLE FAMILY 2BDRM 0.102 0.191 0.054 D.D57 1,694 2.096 3 BDRM 0.254 0.44 0.126 0.179 1.921 2.92 4 BDRM 0.413 0.665 0.19 0.34 2.142 3.75 5 BDRM 0.236 DABB 0.139 0.249 2.637 3.749 ATTACHED SINGLE FAMILY (TOWNHOMES & DUPLEXES) 1 BDRM 0 0.064 D.D16 0.037 1 .068 1.187 2BDRM 0.092 0.198 0.056 0.074 1.776 2.196 3 BDRM D.231 0.296 0.085 0.103 1.805 2.522 4 BDRM 0.332 0.452 0.13 0.205 - 2.243 3.362 APARTMENTS Efficiency 0 0.064 0.018 0.037 1 .36 1 :479 1 BDRM 0 0.64 0.18 0,38 1.749 1.669 2BDRM 0.042 0.16 0.045 0.079 1.614 1 .94 3BDRM 0.05 0.339 0.096 0.153 1499 3.137 DEVELOPMENT SPECIFICATIONS Detached Single Family = 345 Attached Duplex = 0 Attached Townhomes = 0 Attached Apartments = 0 Total Units - 345 POPULATION CALCULATIONS % of Units with JUNIOR HIGH TYPE BDRM Number PRE-SCHOOL ELEMENTARY SCHOOL HIGH SCHOOL ADULTS TOTAL PE DETACHED SINGLE FAMILY 2BDRM 0% 0 0 0 0 0 0 3BDRM 0% 0 0 0 0 0 0 4 BDRM 100% 142.485 229.425 65.55 117.3 738.99 1293.75 5 BDRM 0%'. 0 0 0 0 0 0 TOTAL 100% 142.485 229.425 65.55 117.3 738.99 1293.75 ATTACHED DUPLEX 1 BDRM 00/4. 0 0 0 0 0 0 2BDRM 50% 0 0 0 0 0 0 3 BDRM 56916 0 0 0 0 0 0 4 BDRM -0%'. 0 0 0 0 0 0 TOTAL 1000% 0 0 0 0 0 0 ATTACHED TOWNHOMES BDRM 1 D%'. 0 0 0 0 0 0 BDRM 2 100%I 0 0 0 0 0 0 BDRM 3 0% 0 0 0 0 0 0 BDRM 4 '0°hi 0 0 0 0 0 0 TOTAL 100% 0 0 0 0 0 0 APARTMENTS 0 Efficiency i0%! 0 0 0 0 0 0 BDRM 1 AO%',, 0 0 0 0 0 0 BDRM2 100%I 0 0 0 0 0 0 BDRM 3 00A 0 0 0 0 0 0 TOTAL 1000/0 0 0 0 0 0 0 PARKS CALCULATION Land required for detached single family 12.938 acres + Land requirement for attached duplexes 0.000 acres + Land required for attached townhomes' 0.000 acres + Land required for apartments 0.000 acres TOTAL PARK LAND-CASH REQUIREMENT FOR DEVELOPMENT 12.938 ACRES Total park land-cash requirement for development 12.938 acres - Park acreage dedicated fi acres REMAINING UNFULFILLED LAND-CASH REQUIREMENT 6.938 ACRES Remaining unfulfilling land-cash requirement 6.938 acres x Current land-cash acreage value 8$ 0.000' per acre REMAINING LAND-CASH REQUIREMENT LAND VALUE - - - $555,040 What amount (if any) will be paid up front by the developer? $0 REVISED PARK LAND-CASH REQUIREMENT AFTER UP FRONT FUNDING: $5552040 Unit PE as % of Total PE Single Family PE 1293.75 100% Duplex PE 0 0% Townhomes PE 0 0% Apartments PE 0 0 Single Family Permit: $1,608.81 Duplex Permit: NIA Townhomes Permit: NIA Apartments Permit: NIA SCHOOL COMPUTATION DETACHED SINGLE FAMILY ACRE REQUIREMENT ATTACHED DUPLEX ACRE REQUIREMENT Elementary 8.387 acres Elementary 0.000 acres + Junior HS 2.428 acres + Junior HS 0.000 acres + High School 9.802 acres + High School 0.000 acres TOTAL 20.616 ACRES TOTAL 0.000 ACRES ATTACHED TOWNHOMES ACRE REQUIREMENT APARTMENTS ACRE REQUIREMENT Elementary 0.000 acres Elementary 0.000 acres + Junior HS 0.000 acres - + Junior HS 0.000 acres + High School 0.000 acres + High School 0.000 acres TOTAL 0.000 ACRES TOTAL 0.000 ACRES TOTAL SCHOOL LAND-CASH ACREAGE REQUIRED: 20.616 ACRES Total school land-cash acreage required 20.616 acres - School acreage dedicated 0 acres REMAINING SCHOOL LAND CASH REQUIREMENT 20.616 ACRES Remaining school land-cash requirement 20.616 acres x Current land-cash acreage value 6$ 0.000. per acre REMAINING LAND CASH REQUIREMENT VALUE $1 ,649,266.66 What amount (if any) will be paid up front by the developer? $0, REVISED LAND-CASH REQUIREMENT AFTER UP FRONT FUNDING: $1,6499267 Single Family Permit: $49780.48 Duplex Permit: NIA Townhomes Permit: NIA Apartments Permit: NIA STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) FIRST AMENDMENT TO THE ANNEXATION AGREEMENT OF YORKVILLE FARMS DEVELOPMENT AND THE UNITED CITY OF YORKVILLE (PRESTWICK OF YORKVILLE SUBDIVISION) This First Amendment to the Annexation Agreement (the "AMENDMENT"), is made and entered into this day of , 2013, by and between the UNITED CITY OF YORKVILLE, a municipal corporation (the "CITY"), and the owner of record John Stewart and Michelle Stewart, ("OWNER" or "DEVELOPER" or"OWNER/DEVELOPER"). WITNESSETH WHEREAS, OWNER owns fee simple title to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 190 acres, more or less (hereinafter"PROPERTY"); WHEREAS, on April 26, 2005, the CITY annexed and zoned the PROPERTY in an R-2 Single Family Residence District in accordance with the terms of the "Annexation Agreement of Yorkville Farms Development and The United City of Yorkville" ("AGREEMENT"); WHEREAS, the original owner and developer under the Agreement was unable to complete the development of the PROPERTY; WHEREAS, the Final Plat for Unit 1 of the Property was recorded and the improvements required under Unit 1 were substantially completed; WHEREAS, the Final Plat for Unit 2 was not recorded; WHEREAS, the OWNER/DEVELOPER subsequently acquired the PROPERTY, described in Exhibit"A"to the AMENDMENT; WHEREAS, the OWNER/DEVELOPER desires to amend the AGREEMENT to provide for a re-subdivision of Lot 358 for a private high school; amend the donations and contributions; and seek other exceptions to the Zoning Ordinance; WHEREAS, R-2 Zoning under the CITY's ordinances allows for a school as a permitted use; WHEREAS, all notices required by law relating to this AMENDMENT have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statues; 156551/4 1 WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this AMENDMENT and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; WHEREAS, the Corporate Authorities have duly held all public hearings relating to AMENDMENT all as required by the provisions of the CITY's Ordinances and Illinois Compiled Statues; 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 (2002), inclusive, relating to annexation agreements, the parties hereto wish to enter into this binding AMENDMENT of the AGREEMENT and to provide for various other matters related directly or indirectly to amending the annexation of the PROPERTY, as authorized by, the provisions of said statutes; WHEREAS, pursuant to due notice and publication in the manner provided by law, the Plan Commission 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 (2002) and the ordinances of the CITY relating to the procedure for authorization, approval and execution of the subdivision of Lot 358 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. AMENDMENT TO AGREEMENT. OWNER has filed with the Clerk of the CITY a duly and properly executed Application to Amend Annexation Agreement pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. (2002). CITY agrees to adopt any necessary ordinances to amend the AGREEMENT as soon as reasonably practical. To the extent there is a conflict between the terms of the AMENDMENT and the AGREEMENT, the terms of the AMENDMENT shall control. 2. 2. ZONING. That said paragraph be amended as follow: B. PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this AMENDMENT to AGREEMENT except as modified by said AMENDMENT. C. The CITY shall approve the revised final plat of subdivision of Lot 358 in Prestwick of Yorkville, Unit 1,prepared by HR Green dated July 2, 2013, attached hereto as Exhibit B, and approves the revised improvement plans attached hereto as Exhibit D. 3. Paragraph 5 DONATIONS AND CONTRIBUTIONS. be amended as follows: 156551/4 2 B. DEVELOPER shall receive a credit against all City and County road impact fees for the improvements by the DEVELOPER to Il Route 126 at Penman Road, Ashley Road and Route 126 intersection and Ashley Road improvements adjacent to the PROPERTY. C. DEVELOPER shall pay revised school and park land-cash fees or provide land dedication as required under the terms of this AMENDMENT and Exhibit E attached hereto. C4. CITY agrees that the land/cash contribution requirement for the Parks shall be completely satisfied by the DEVELOPER with the grading and seeding of the park site previously dedicated and the installation of the bicycle/pedestrian path, upon acceptance of the path. 4. Paragraph 6 SECURITY INVESTMENTS. Amend by providing an additional paragraph to read as follows: OWNER/DEVELOPER has provided CITY with a Subdivision Bond for the Prestwick Subdivision in the amount of One-Million Eight-Hundred Seventy-Nine Thousand Six Hundred Eighty-Four and 00/100's Dollars ($1,879,684.00). CITY agrees to reduce said bond so as not to bond for street parkway/trees and public side-walk improvements. CITY agrees to instead obtain any surety needed for such improvements from the builder of the home on each lot. Developer will provide any required security for the high school improvements, including roadways. 5. Paragraph 9 AMENDMENTS TO ORDINANCES. Amend to read as follows: CITY agrees to amend the five (5) years where referenced throughout said paragraph to ten (10) years, said ten (10) years commencing from the approval date of this AMENDMENT. 6. Paragraph 11 FEES AND CHARGES. Shall be revised as follows: Notwithstanding the provisions of the AGREEMENT the fees due and owing to the CITY for those fees and amounts shall be set forth in the revised Exhibit E attached hereto and made a part of this AMENDMENT. The Owner acknowledges that the donations contained in this Agreement, and the City Code, are made voluntarily by the OWNER, and the OWNER hereby waives for itself and its successors and assigns the right to contest at any time in the future, the validity or the amount of the donations. 156551/4 3 7. Paragraph 18 NOTICES AND REMEDIES. Shall be amended as follows: City Attorney: Kathleen Field-Orr&Associates 53 W. Jackson Boulevard, Suite 964 Chicago, Illinois 60604 Developer: John Stewart and Michelle Stewart 3874 N. IL Route 71 Sheridan, IL 60118 Developer Attorney: John F. Philipchuck Dommermuth, Cobine, West, Gensler, Philipchuck, Corrigan and Bernhard, Ltd. 111 E. Jefferson Ave., Suite 200 Naperville, IL 60540 Telephone: 630-355-5800 Facsimile: 630-355-5976 8. Paragraph 22 GENERAL PROVISIONS. H. Term of Agreement Shall be amended as follows: The term of this AGREEMENT shall be twenty (20) years. In the event that a permit for construction is issued within said twenty-year period all of the terms of this AGREEMENT for that permit shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and OWNER/DEVELOPER. 9. Add an additional paragraph 24. SCHOOL PROPERTY. OWNER/DEVELOPER intends to develop the re-subdivided Lot 358 to accommodate an approximately 32 acre site for a private high school. CITY agrees that the existing R-2 One-Family Residence allows as a permitted use schools; including denominational or private, elementary and high, including playgrounds, garages for school buses and athletic fields. In addition, the CITY agrees to permit the following accessory and auxiliary uses all as permitted uses: • Retail store, not to exceed 3,000 sq. ft.; Selling school supplies, plants and produce grown on the property, and spirit wear • Equestrian/riding arena; temporary stabling • Cell telephone tower; not to exceed 120' in height • Wind turbine/wind mill; not to exceed 120' in height • Electronic scoreboard; permanent and temporary sponsor signage; athletic field lighting; outdoor public address system; athletic field lighting poles not to exceed 90' in height • Outdoor parking and storage of farming machinery; grain bins; greenhouses • Concession/restroom buildings serving outdoor athletic venues 156551/4 4 • Mock silos for internal stairways adjacent to the building; not to exceed 80' in height • Perpendicular street parking along Mustang Way serving the athletic fields • School bus parking and garage Notwithstanding all CITY ordinances, resolutions and regulations to the contrary, the CITY agrees to allow the height of the school buildings to be up to fifty(50) feet and the silos up to eighty(80) feet. 10. Add an additional paragraph 25. PARKING FOR HIGH SCHOOL. CITY recognizes that the enrollment of the high school student population will increase slowly over time, therefore CITY agrees to allow the school to open with forty percent (40%) of the required parking in place and the remaining sixty percent (60%) to be land banked and installed as determined by the CITY. 11. Add an additional paragraph 26. DEVELOPMENT NAME CHANGE. CITY agrees to allow OWNER/DEVELOPER to change the name of the development to Ashley Pointe. 12. Add an additional paragraph 27. SITE DEVELOPMENT. CITY agrees to issue a site development permit to the DEVELOPER prior to final engineering approval, for mass grading work on the PROPERTY. CITY further agrees to issue, upon submittal and approval of the proper plans, a building foundation only permit on the proposed School Property. 13. Add an additional paragraph 28. PARK SITE. CITY agrees to allow the DEVELOPER to install a bicycle path within the park site, lot 359,previously dedicated, at a location approved by the CITY. 14. Add an additional paragraph 29. SCHOOL INDENTIFICATION SIGN. CITY agrees to allow one (1) free standing permanent school ground mounted/monument sign, off-site on either lot 357, 361 or 362 in Unit 1. The sign may be up to fifteen (15) feet in height, double faced and fifty (50) sq. ft. of signage per side, including an electronic message display panel which shall also be allowed. 156551/4 5 IN WITNESS WHEREOF,the parties have hereunto set their hands on this day of . 2013. CITY: OWNER/DEVELOPER: UNITED CITY OF YORKVILLE JOHN STEWART AND MICHELLE STEWART By: Mayor Attest: City Clerk Prepared By: John F. Philipchuck Dommermuth, Cobine, West, Gensler, Philipchuck, Corrigan and Bernhard, Ltd. I I 1 E. Jefferson Ave., Suite 200 Naperville, IL 60540 630-355-5800 156551/4 6 EXHIBIT INDEX TO THE AMENDMENT EXHIBIT A REVISED LEGAL DESCRIPTION EXHIBIT B FINAL PLAT EXHIBIT C TEMPORARY LIFT STATION (NOT ATTACHED) EXHIBIT D IMPROVED PLANS (FINAL ENGINEERING NOT ATTACHED) EXHIBIT E FEES 156551/4 7 EXHISIT''A UNIT ONE; LOTS 1 THROUGH 10,INCLUSIVE,LOTS 12 THROUGH 41, INCLUSIVE,LOTS 43 THROUGH 50,INCLUSIVE,LOTS 52 THROUGH 63, INCLUSIVE,LOT 65 THROUGH 108,INCLUSIVE, LOTS 357 THROUGH 363,INCLUSIVE,AND LOT 365 IN PRESTWICK OF YORKVILLE UNIT 1, BEING A SUBDIVISION OF PART OF SECTIONS 3 & 10,TOWNSHIP 36 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 31,2006,AS DOCUMENT NUMBER 200600035287,IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS. UNIT Z. THAT PART OF THE EAST HALF OF SECTION 10,TOWNSHIP 36 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 10;THENCE SOUTH 01 DEGREES 32 MINUTES 35 SECONDS EAST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 10, 1776.14 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 54 DEGREES 40 MINUTES 34 SECONDS EAST,258.23 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 283.00 FEET AND A CHORD BEARING OF NORTH 38 DEGREES 32 MINUTES 30 SECONDS EAST,AN ARC LENGTH OF 31.79 FEET; THENCE NORTH 41 DEGREES 45 MINUTES 34 SECONDS EAST,269.09 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 283.00 FEET AND A CHORD BEARING OF NORTH 68 DEGREES 21 MINUTES 45 SECONDS EAST,AN ARC LENGTH OF 262.80 FEET; THENCE SOUTH 85 DEGREES 02 MINUTES 05 SECONDS EAST,0.59 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 25.00 FEET AND A CHORD BEARING OF NORTH 54 DEGREES 36 MINUTES 04 SECONDS EAST,AN ARC LENGTH OF 35.22 FEET; THENCE SOUTH 75 DEGREES 45 MINUTES 48 SECONDS EAST, 70.00 FEET; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 265.00 FEET AND A CHORD BEARING OF SOUTH 14 DEGREES 09 MINUTES 29 SECONDS WEST,AN ARC LENGTH OF 0.73 FEET; THENCE SOUTH 75 DEGREES 55 MINUTES 15 SECONDS EAST, 145.79 FEET; THENCE SOUTH 00 DEGREES 43 MINUTES 57 SECONDS WEST, 61.16 FEET; THENCE SOUTH 29 DEGREES 47 MINUTES 52 SECONDS EAST, 37.26 FEET; THENCE NORTH 76 DEGREES 49 MINUTES 03 SECONDS EAST, 116.69 FEET; THENCE SOUTH 81 DEGREES 47 MINUTES 13 SECONDS EAST, 153.95 FEET; THENCE SOUTH 63 DEGREES 29 MINUTES 31 SECONDS EAST, 112.02 FEET; THENCE SOUTH 45 DEGREES 59 MINUTES 45 SECONDS EAST, 111.92 FEET; THENCE SOUTH 29 DEGREES 23 MINUTES 15 SECONDS EAST, 55.65 FEET; THENCE NORTH 78 DEGREES 20 MINUTES 45 SECONDS EAST, 90.04 FEET; THENCE NORTH 82 DEGREES 41 MINUTES 33 SECONDS EAST, 88.65 FEET; THENCE NORTH 87 DEGREES 00 MINUTES 20 SECONDS EAST, 88.65 FEET; THENCE SOUTH 88 DEGREES 40 MINUTES 53 SECONDS EAST, 88.65 FEET; THENCE SOUTH 88 DEGREES 00 MINUTES 08 SECONDS EAST, 85.86 FEET; THENCE SOUTH 83 DEGREES 43 MINUTES 10 SECONDS EAST,238.13 FEET; THENCE NORTH 04 DEGREES 45 MINUTES 16 SECONDS EAST, 13.20 FEET; THENCE NORTH I I DEGREES 14 MINUTES 44 SECONDS EAST,288.09 FEET; THENCE NORTH 62 DEGREES 41 MINUTES 24 SECONDS EAST, 127.61 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 267.00 FEET AND A CHORD BEARING OF SOUTH 22 DEGREES 18 MINUTES 37 SECONDS EAST,AN ARC LENGTH OF 46.60 FEET; THENCE NORTH 72 DEGREES 41 MINUTES 23 SECONDS EAST, 216.00 FEET; THENCE SOUTH 10 DEGREES 59 MINUTES 02 SECONDS EAST, 106.45 FEET; THENCE SOUTH 01 DEGREES 40 MINUTES 08 SECONDS WEST, 106.45 FEET;THENCE SOUTH 10 DEGREES 43 MINUTES 58 SECONDS WEST, 86.80 FEET;THENCE SOUTH I I DEGREES 14 MINUTES 44 SECONDS WEST,80.00 FEET;THENCE SOUTH 07 DEGREES 24 MINUTES 58 SECONDS WEST,72.99 FEET;THENCE SOUTH 05 DEGREES 14 MINUTES 55 SECONDS EAST, 71.04 FEET;THENCE SOUTH 18 DEGREES 06 MINUTES 54 SECONDS EAST,71.04 FEET; THENCE SOUTH 27 DEGREES 45 MINUTES 40 SECONDS EAST,77.42 FEET;THENCE SOUTH 28 DEGREES 15 MINUTES 03 SECONDS EAST, 80.00 FEET;THENCE SOUTH 27 DEGREES 34 MINUTES 17 SECONDS EAST, 87.88 FEET;THENCE SOUTH 15 DEGREES 28 MINUTES 24 SECONDS EAST, 106.01 FEET;THENCE SOUTH 01 DEGREES 42 MINUTES 03 SECONDS EAST, 52.39 FEET;THENCE NORTH 88 DEGREES 28 MINUTES 09 SECONDS EAST, 84.51 FEET TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10;THENCE SOUTH 01 DEGREES 32 MINUTES 43 SECONDS EAST,ALONG THE EAST LINE OF SAID NORTHEAST QUARTER,74.63 FEET TO THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 01 DEGREES 27 MINUTES 24 SECONDS EAST,ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10, 1006.36 FEET TO THE SOUTHEAST CORNER OF LANDS CONVEYED TO ROBERT M.AND ELAINE E.STEWART BY DOCUMENT NO, 72-5656; THENCE SOUTH 88 DEGREES 04 MINUTES 01 SECONDS WEST,ALONG THE SOUTH LINE OF SAID LANDS PER DOCUMENT NO, 72-5656,2655.55 FEET TO THE SOUTHWEST CORNER OF SAID LANDS PER DOCUMENT NO. 72-5656, SAID POINT BEING ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10,AND 1876.91 FEET SOUTHERLY OF(AS MEASURED ALONG SAID WEST LINE)THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 32 MINUTES 35 SECONDS WEST,ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 10, 1876,91 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL,KENDALL COUNTY,ILLMjS. ,ANI7 CONTAINING 110.29 ACRES OE L OR ESS .. ORE L. . EXHIBIT B 1519,111,1012 1 i -Will Al pol 11111; Rq� gig" 0 ye a —J1 c 44% Fum PUT 0'SEMOMSION YORKMMCHRISTUN SCHOOL SUBDIVISION H® 156551/4 10 iaMBIT B �� Sg pp ppe p@ pp gi gg 6y tp Sk8gEy#p a �v 3tL @ @ lip'�! d � ' JIM � 4 8 111 P € � �ga� A��*1 a � [16,ii ll'] @8e1aa843 �� PAY 9 a aI ; lii s AtsA€ R aYi,C a C 8 R Eaa�ji = p it 6g�a@ R• A 011111 €�l9B Ra y(qR o x a 3g y( MEIN i P z q k7 �iS� IBM�Al � $ Q��fL�A P$°R �@ k 6 1 IBp� A�l ��QQ%Hm N1 1 � 11 @ Y R 7 � A F �q98.� 11101111 gRr $ p gg �i 8 3 �R$p' 3 Y R E ° � x R vY fcl � [ ¢ 9 t 4A , �Y.!!� R��a�•� R�.!i ! � l�a P ! RP � "R NMI Nis Y 9�°1 e�z�� ifg� � I i$ P : �4 A 111111 i F A 8 , A•€{€'�Ia � ! �iF F89 � gI y A 8 !!g$�l��$�t lit p� €8 l P€p�¢@rg R iAg�=f ®y§8g pg�lF g 4 8 1,11, A@ aCRk R,Pg5g. $$''k. gg ppp£'�q sR y�3R ggABg� �! EA pgg�f� 9�8�@"1� �Sd9i�Rar"pA cif; F R.R a�i#i�g AFa t!� "k% €aa4� Pv Ri&58� @� ��R� it Ri�B�@gag�sg1qga(F pipW4G zi. �#A_c€F � @ RR�,iia8 -rA @RBi, ABgsap�9 IfA� s56A8v �i4 R Aa•@ @�idSBR}® xi *F d x;Gga c It ¢8 Bn sY€ �a R@i�R glyq A A a,8i 1F i9�y�y loll r- fi s 898 / ;!YlB{ •argil, @ op Y a 8 r3 aiA F R 68ire @ A 48 R zlBE x8 pp I¢R trallaii¢� j�BB�i iciR,.A @38$ FaA RvA®AFYti i9a AlE3nav iBRR�d €8i�if$ 31833 lAaAa! $p�5$tR R @. !n1` ! 11A �si fs! a @$ 0 5 FF! i� �'�A � .R . 1 9 g *4 �¢ e �R •� �e � r�f¢ ��Y� e3�Rx9 a°A�E°xai �rR§�d.!8 k°E �Fi ®� 4� p s �- 3 p 5 "s aF 6 pe8t�§ g� Y .�Rnig a F $rC g9 e E18� ��ira t€! p �8 N Ap , $,"za rani.rY.Ar or aciaiRYV�iw"�' •""'"°"., `�.,"°_CHRIS SCHOOL LSUBDIISIQ HRGrean „ 156551/4 1 1 EXHIBIT E ASHLEY POINTE FEES PER UNIT A paid receipt from the School District Office, 602-A Center Parkway Yorkville,must be presented to the City prior to issuance of permit. $3,000 Separate Yorkville-Bristol Sanitary District fee—made payable to Y.B.S.D. $1,400 United City of Yorkville Fees 1. Building Permit Cost$650 plus $0.20 per square foot $650+ $0.20(SF) 2. Water Connection Fees SF and DU $2,660 2+Bed Att N/A 3. Water Meter Cost Detached Units $ 435 Attached Units N/A 4. City Sewer Connection Fees $2,000 5. Water and Sewer Inspection Fee $ 25 6. Public Walks/Driveway Inspection Fee $ 35 7. Development Fees Public Works $700 Police $300 Building $150 Library (see note "d"below) $500 * $250 Parks &Recreation $ 50 Engineering $100 Bristol-Kendall Fire(see note"c"below) $1000 * $500 Development Fee Total $2,300 8. Land Cash Fees (see note"a"below) Apartment Townhome Duplex Single Family Park N/A N/A N/A N/A School N/A N/A N/A $1,493.89 Land-Cash Fees Total $0.00 $0.00 $0.00 $400,365.00 9. All Road Contributions N/A; to be satisfied by improvements to Penman/Rt. 126; Ashley Road/Rt. 126; and Ashley Road Improvements 156551/4 12 10. Weather Warning Siren Fee(see note"b"below) $75/acre a. Remaining Park fee contribution satisfied by Park site grading, seeding, and installation of bicycle path. School fees are $1,493.89 per lot,payable at building permit. For upfront land-cash donations figures,please refer to "Land-Cash"worksheet, attached. b. $75/acre x 193.81 =$14,535. $54.24/lot payable at building permit C. 50%of BKFD fee for Unit 1 paid($52,000). Remaining lots in Unit 1, (104)pay$500/lot at building permit. All remaining lots in future units pay$1,000/lot at building permit. d. 50%of Library fee for Unit 1 paid($26,000). Remaining lots in Unit 1, (104)pay$250.00/lot at building permit. All remaining lots in future units pay$500/lot at building permit. 156551/4 13 156567 1.XLS YORKVILLE LAND/CASH CALCULATION SHEET CLIENT I PROJECT: STEWART/ASHLEY POINTE I TABLE OF ESTIMATED ULT17ATE POPULATION PER DR ELLING UNIT Elementary Junior High High School Preschool Grades K-5 Grades K-8" s Grades 9-12 Adults Total Per TYPE OF UNIT 0-4 Years 5-12 Years 11-13 Years 14-17 Years 18 years+ Dwelling Unit Detached Single Family i Bedroom x 0.102- 0.000 X0,191=' 0.000 x 0.054= 0,000, x 0.057=. 0.000 x 1.694 0.000 x 2-098 0.000 _ 0 3 Bedroom x 0-264 0.000 x 0.440= 0.000 x 0.126- 0.000 x 0.179 0.000 x 1,921-i 0.000 x 2,920 ' 0.000 268;4 Bedroom x 0.413=i 110.684 x 0.665- 178.220 x 0.190=, 50920" x 0.34 91.120 x 2.142- 574.056 x 3.75 1005.000 5 Bedroom x 0.236 0.000 x 0.488 0.000 x 0139= 0,000 x 0.249-; 0.000 x 2.637 0.000 x 3.749 0.000 - _ 268.Total Units - - Attached Single Family 3 Bedroom " x00.092_ 0.000 x 0.0 1.187 0.000 -000 0.000 x 1.068 0 98- 0.000 x 0.056= 0 000 x 0 074 0.000 x 1.776= 0.000 ...x 2.196 _ 0.000 Bedroom x 0.231 0.000 x 0.298 0.000 x 0.085- 0.000 x 0.103= 0.000 x 1,805= 0.000 x 2.522 0.000 4 Bedroom x 0.332 0,000 x 0.452 0.000 x 0 13= 0.000 " x 0.205= 0 000 x 2.243- 0.000 x 3.362-' 0.000 - _ O;Total Units Apartments m Efficiency 0 0.000 x 0.064 0.000 x 0 018- 0.00 0 x 0.037 0.000 x 1.36 0.000 x 1.479 0.OD0 1 Bedroom 0 0.000 x 0.640- 0,000 x 018= 0 000 x 0.038- 0.000 x 1.749 0.000 x 1.869 0.000 2 Bedroom x 0 042 0.000 x 0.16=1 0-000 x 0 045- 0 000 x 0.079=. 0.000 x 1 614 0.000 x 1.94 0.000 71 3 Bedroom x 0.050 1 0.000 x 0.339 0.000 x 0.096 0 000 x 0.153 0.000 x 2 499- 0.000 x 3.137= 0.000 - - _ �. . O,Total Units People Produced Total= 110.684 Total= 178.220 Total= 50 920 Total= 91.120 Total= 574.066 Grand Total', 1005.000 Land Value Assumption Total Land Donation for School: i 16.014617 V Total Cash E Equivalent School): $400,365.00 Equivalent Donation for Park 10.050000 !Total Cash Eq �.. ).. $251,250.00 $25 000.00 _ __ .. Total Land Park I Total Land Only Donation Required: 26,0646171 ITotal Cash Only Donation Required: $651,615.00 ,^ _ - Dommermuth Cobine West Gensler Philipchuck Prepared Corrigan and Bernhard,Ltd. 7!212013 Page 1 156567_1.XLS ANALYSIS OF ACTUAL AMOUNTS OWED PARK DONATION Additional Donation Required Per Worksheet 1 10,050000 Act s Actual Park Dedication 6.670000!Acres - - Total Amount olPark lTnsatisfed by Donation 3.3800M Acres - .�_-- --- _ -- - -._-- ---__ -- ---- Land Value rAgreement.�__ p� — $25,000.OD Unsatisfied Park Contribution _ -, 3 380000 --- --- _..__. .:-- - - -� . �Donatian Required for Park $84,500.00 To be satisfed by grading,seeding and bicycle path --i, - _.__..- -- -- Total Additional Cash Donaion R. .- - squired far or Park I i $0.00 g J_ SCHOOL DONATION _(Pre-School added to Elementary Students) -- - -� - Estimated children per x ;minimum reccomendation = Acres to lie j - - - -- - l _ ------------ school classification per classification dedicated 7 - m maxnrtum school eLassift of school size j cation reccomendation ! -- - - - J _ — 288 904000 x .7.25 Acres 6 514942'Acres 321.5 - - - -- _i -- -- --- - F_.. =--- --- 50.920000 x 115.92 Acres 1.8$5750 Acres 429.88 ! - -- - 91A20000 x 149.30 Acres 7.6L3925Acres v 590 - -- --- --- -- A o ! ! 16.014617 cres Dommermuth Cobine West Gensler Philipchuck Prepared Carrigan and Bernhard,Ltd. 71212013 Page 2 FINAL PLAT OF SUBDIVISION E•re QMv coNracrsr GRAPHIC SCALE DAVID W. SCHULTZ P.E., PROJECT MANAGER ao o ao eo iso 630-753-7560 BERNARD J. BAUER P.L.S., PROJECT SURVEYOR 630-753-7560 A SUBDIVISION OF PART OF THE EAST 1/2 OF SECTION 10 TOWNSHIP 36 NORTH RANGE 7 z ( IN FEET ) o0 1 inch - T ft. EAST OF THE THIRD PRINCIPAL MERIDIAN, AND A RESUBDIVISION OF LOT 358 IN L-39.2`7' R-25.00' PRESTWICK OF YORKVILLE SUBDIVISION, UNIT 1, IN THE UNITED CITY OF YORKVILLE, - CENTERL/NE U z LLj CB=N89°57'1 "E CH=35.36' KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS o BOUNDARY LINE :2 '35'37"E o LD S84 133.22' - - v �. RIGHT OF WAY LINE NIT I �,q F�/,Q w 72 \_ y RVIL� EE ' ,,� e,SS �/�• �' LOT LINE rr v ° ,tv ��o° ST�/IGK �p Op°3528 0 0 <,3� BUILDING SETBACK LINE C � PRE DpG. �U �- �� 5�.'F �h \ EASEMENT LINE o ti L=142.07' -265.00' s�9°9 SQ C \ / 0 `'6 00�s 108 - DENOTES AREA HEREBY DEDICATED Of CB=N29°35'43"E CH= 0.38' �3cc \ q�< \ �, - TO THE UNITED CITY OF YORKVILLE .q i FOR PUBLIC RIGHT-OF-WAY. m m S, 00 56 NSF 69 o� ^ E - - m 00, \ R �` \ ^ �, r2 ss`792 / ° °"' 21 6, • DENOTES 5/8" IRON ROD FOUND w S' \ =cV`V 62 A�2 N72 4 '23 1- 70 00' SET CONCRETE MONUMENT F o \ S75°454g,� AT CORNER `564923 57 N O DENOTES 5/8" IRON ROD SET 04 S0 \ i o 4 o °o -0 0 O `r bI ` �4�F 36597, �h�^�� LO '0 N ^� CD N (z)IN IN �IZI S62 S�2S ��`D 358 I o i 4� rn `_O N M U `� `'� U�b \ �• _ 30�2 63 *SEE NOTE 9 o % LO o co ch 10.0' P.U.&D.E. F 60 ° o \ II Z J it o II \\ 11 � w 'o EREBY GRANTED 62 65 ►I J __j w v_ co LO �' ° 0 6 �No ( a6 N o - o °nV N N`N 10.0' P.U.&D.E. �2,� 100. 5� LOT 2 W W E HEREBY GRAN TED �y• S6 S6g° 1 S' d0 Z C" \mow\ \\ 30.0' B.S.L. `�?g. 7123„ 9 g5' 241,111f S.F. ,a i� co \� Z m 70.0' R.O.W. HEREBY DEDICATED `��F F 117.55 �� 2B„E 5.54± AC. Q � M ti °46 U) co 3 6 S84°03'44"E N77 S M.E. & OPEN SPACE ' m aio � � S89 O1'05'E 76.48' � 8 TO BE CONVEYED TO THE H.O.A. _ Lo 0tK _ � v7 O O S88 00'08'E N04 45'16 E 13.20' m 0 o (0 co O c LO /10.0' P.U.&D.E. S88'40'53'E 285.51' 85. L = L HEREBY GRANTED 35� 86' 7'u0 '�, / S83 43'10'E I = CO N �� 10.0, p U.&D.E. 238.13' 1 30.0' B.S.L. R O c4 0� N HEREBY GRANTED L 66.0' R. HEREBY DEDICATED o 0 1 0 10.0' P.U.&D.E. Lo O HEREB Y GRAN TED 10.0' P.U.&D.E. � ' z' HEREBY GRANTED I 10.0' P.U.&D.E. \ 0' HEREBY GRANTED L 33. \ � I Co "1 o 10.0' P.U.&D.E. °p I o "� ti W AND AREAS 33.0' \ HEREBY GRAN TED I _ U ACREAGE N o w of LOT 1 31.61 ac. NSUBpIVIDED LOT 2 RETENTION & OPEN SPACE 5.54 ac. 0 �- U R.0. W. HEREBY DEDICATED 6.48 ac. �Q� _ Z I 10.0' P.U.&D.E. co O O M O, \\ \\ Z TOTAL GROSS ACRES 43.62 ac. �� o. o \\ n HEREBY GRANTED \\ "� U r ` m U REESTABLISHED PER \� I N R DOC. 201000018327 z� (� w °a� E 123.54J� \ ��o s co -to \w� \M I N p6 3 NO �• Co. � o �� \ \ � 1. ANNO TA TION ABBREVIATIONS - �; `� '; 10.0' P.U.&D.E. 10 W `BSL = BUILDING SETBACK LINE �� \� N -' \\ HEREBY GRANTED POB = POINT OF BEGINNING z m o \ X P.U. & D.E.. = PUBLIC UTILITY & DRAINAGE EASEMENT Iv o I N Zj Ln S.M.E. = STORMWA TER MANAGEMENT EA SEMEN T o H.O.A. = HOMEOWNER'S ASSOCIATION \ 2. THIS PROPERTY IS WITHIN THE CORPORATE LIMITS OF THE co co �) UNITED CITY OF YORKVILLE. I LOT 1 Z o �� o " E- �^ N J. 518 STEEL RODS SET ®� ALL EXTERIOR CORNERS UNLESS 1,376,835± S.F. -\ �� N I1 V l o OTHERWISE NOTED. 5/8 STEEL RODS W/LL BE SET AT ALL 31.61± AC. INTERIOR CORNERS WITHIN 12 MONTHS OF RECORDATION. _ 4. DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS I OTHERWISE NOTED. 33 0' N2833'05'E 8.79' M S78'01'45 E 59.11 5. NO DIMENSIONS SHALL BE ASSUMED BY SCALING. C 0 6. ALL BEARINGS AND DISTANCES ARE BASED ON A LOCAL (A I 5�47'1�'E o -I 1ss.s2 1�1 COORDINATE SYSTEM. �, � N27•o2'42"E 65.74' - 66.0' R.o.W. 7. L 0 T 2 TO BE CON VEYED TO THE HOME 0 WNERS A SSOCIA TONS Z ^ I 10.o' P.U.&D.E. r� HEREBY DEDICATED I !> r_ w OF PRESTWICK OF YORKVILLE. N G) I N ry HEREBY GRANTED 0 8. OPEN SPACE TO BE OWNED AND MAINTAINED BY HOMEOWNERS l .L S67.00'11 E 16.95' o• N I r w ASSOCIA T/ON. � * W `� 1 co ° 40.00' c� = N88 28'09"E rn N 9. PUBLIC UTILITY AND DRAINAGE EASEMENT AND STORMWA TER N D o v o MANAGEMENT EASEMENT GRANTED OVER LOT 358 /N � '< �, ;� ��;// \ '� w UNS�gpIVIDEp , -{ ["4 !� PRESTWICK OF YORKVILLE, UNIT 1, PER DOCUMENT 0 o I - 74.66 N o ti 40.0' R.0.W. - 200600035287 ARE HEREBY VACATED AND ABROGATED. z `� I / I 't N01 032'40"W HEREBY DEDICATED 04 10. A PUBLIC UTILITY AND DRAINAGE EASEMENT AND STORMWATER a I �` 82.65' ^ - O MANAGEMENT EASEMENT ARE HEREBY GRANTED TO THE THE ( I tiry I N Ln N01°26'18"W IN R- 74.68' F+� UNITED CITY OF YORKVILLE OVER ALL OF LOT 2. ti"'�/ 11 cn 0 S01°32'40"E �. "i -� ii L=42.68' R=25.00' �� / � O co 66.0' R.0.W. HEREBY DEDICATED CB-S31°08'54"E CH-37.68' �' '11 FOUND 1" IRON PIPE o m 0 11. EX/STING ZONING IS R-2 (UNITED CITY OF YORKVILLE) - 10.0' P.U.&D.E. 0 - - = AT CORNER V-) \ HEREBY GRANTED ' L=39.27' R=25.00' v'�10 X11 �' - - - z � OWN R�� S8800'02"W 5308.07' � CB=N43°32'37"E CH=35.36' O Q• 1 / il o CB S85°45 205E CH=62.58' Iq w O 70.0' R.0.W. o HEREBY DEDICATED N N88°32'36"E 94.65' w o Q FOUND 1/2" IRON ROD /N CONCRETE \ ,L X100 ,4� 35.0' bo ,v IN L OCA T/ON OF IRON PIPE PER 10.0' P.U.&D.E. y' I�i G M U S 1. N O DOCUMENT 201000018329 \ate 10.0' P.U.&D.E. HEREBY GRAN TED �y°' S�, �� _ X742 41' A M G' 3 ��, D �, c,•o HEREBY GRANTED 12.225tij�4� �N�9.48. 8=350.00' co \�� 10.0' P.U.&D.E. N8� j� h0L � 01.w CH=141.43 159.68' Q HEREBY GRANTED -- _ _ _58958'14"E 323.87'_ _ 10.0' P.U.&D.E. /fir' V N0 WAY S8832'36" SET CONCRETE MONUMENT i_ HEREBY GRANTED A T CORNER \ �. �s� Ao 2�4.2j 30.0' B.S.L. / �� S88°32'36"W BAR IS ONE INCH ON PREPARED ON ________________ 0 �\\ o�j. .90, N76,0 'i i •13' 6�H 89. - �� j C/ 35.0' OFFICIAL DRAWINGS 94.65 3'B3 4 p 0 1" PREPARED BY: '6� o � `S� sr , p\ C' L=290.57' R=1033.00' -6 / O L=39.27' R=25.00' VIDEO IF NOT ONE INCH, Q '0, .p 0 0-\�>� 5 cB=N88'13'20"E CH=280.36' I 7, �� y\ C NgrS`6- 9 CB=N46°27'23"W CH=35.36' D _ � UNS UB ADJUST SCALE ACCORDINGLY FOR REVIEW 281.28' R=1000.00' 3�$ 6 L-112.32' R-385.00' � st6,, 'A. oo �S.3 \�_ � � � � S83 43'10'E 286. / 00 6 Lu 300 N80•095� 94 L=272.00' R=967.00' MUSTANG-WAY 1- - - �, �� G� CB=N83 05'57"W CH=111.92' N DRAWN BY: BJB /2 3' 8 ' � _ 3 1,515 .3 ° � C/y, 0' Cg=S88°13'20"W CH=271.11' N BERNARD J. BAUER so - - _ N8304 3'10"W S88°32'32"W I N APPROVED: MRF 0 3) W 43'10"W 286.25' B::s CB S71 29'46"W CH=27.79' �n o ILLINOIS PROFESSIONAL LAND SURVEYOR No. 3799 0 243 g4' S6 ° 40.03' JOB DATE: 07/2/13 LICENSE EXPIRES: 11/30/14 S80°0g�51 C UNSUBpIVIDED 66.0' R.0.W. HEREBY DEDICATED JOB NO: 88130135 CL FOUND 1" IRON PIPE SHEET A T CORNER 1 OF 2 0- 10 14 4.8/6/2013 11 :14:24 AM �o Q 0:\88130135\Survey\Dwgs\FP-88130135-Yorkville_Christion-School.dwg L X FINAL PLAT OF SUBDIVISION P I N s: PT. 05-10-200-007 YORKVILLE CHRISTIAN SCHOOL SUBDIVISION 05-10-277-001 A SUBDIVISION OF PART OF THE EAST 1/2 OF SECTION 10 TOWNSHIP 36 NORTH RANGE 7 z 0KNEWSW CERTIFICATE EAST OF THE THIRD PRINCIPAL MERIDIAN, AND A RESUBDIVISION OF LOT 356 IN STATE OF ___________) UNIT 1 IN THE UNITED CITY OF YORKVILLE S.S. PRESTWICK OF YORKVILLE SUBDIVISION, , RECORD6P•s cePriFicATE � CO COUNTY OF __________) KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS p THIS IS TO CERTIFY THAT _______ _________ _ ________ _______ __________ STATE OF ILLINOIS ) z 0 ARE HE OWNERS OF THE PROPERTY DESCRIBED IN HE FOREGOING SURVEYORS CERTIFICATE AND )S.S. O HAVE CAUSED THE SAME TO BE SURVEYED, SUBDIVIDED, AND PLATTED AS SHOWN HEREON FOR HE COUNTY OF KENDALL) L USES AND PURPOSES HEREIN SET FORTH AS ALLOWED AND PROVIDED FOR BY STATUTE, AND DO EASEdME PRO w THIS INSTRUMENT N0. ______ _________ WAS FILED FOR RECORD IN THE HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE THEREON /ND/GATED. A NON-EXCLUSIVE EASEMENT FOR SERVING HE SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC RECORDER'S OFF/CE OF KENDALL COUNTY, ILLINOIS. H m E UNDERSIGNED HEREBY DEDICATE FOR PUBLIC USE HE LANDS SHOWN ON THIS PLAT FOR AND COMMUNICATION SERVICE /S HEREBY RESERVED FOR AND GRANTED TO w THOROUGHFARES, STREETS, ALLEYS AND PUBLIC SERVICES, AND HEREBY ALSO RESERVES FOR ANY CITY PLAN COMMISSION C6PTIFICATE THIS _______ DAY OF --------- 20____, AT __________O'CLOCK ___.M. o ELECTRIC, GAS, TELEPHONE, CABLE TV OR OTHER TELECOMMUNICATIONS COMPANY UNDER FRANCHISE COMMONWEALTH ED/SON COMPANY, AMER/TECH ILLINOIS o.k.o. ILLINOIS BELL TELEPHONE COMPANY, p AGREEMENT WITH THE UN/TED CITY OF YORKVILLE, THEIR SUCCESSORS AND ASSIGNS, THE EASEMENT STATE OF ILLINOIS ) GRANTEES, w PROVISIONS WHICH ARE STATED HEREON. ) S.S. > COUNTY OF KENDALL) THEIR RESPECTIVE LICENSEES, SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY TO CONSTRUCT, Li THE UNDERSIGNED FURTHER CERTIFY THAT ALL OF THE LAND INCLUDED IN THIS PLAT LIES WITHIN OPERATE, REPAIR, MAINTAIN, MODIFY, RECONSTRUCT, REPLACE, SUPPLEMENT, RELOCATE AND KENDALL COUNTY RECORDER Of I THE BOUNDARIES OF YORKOLLE COMMUNITY UNIT SCHOOL DISTRICT 115. APPROVED AND ACCEPTED BY THE PLAN COMMISSION OF THE UN/TED CITY OF YORKOLLE, ILL/NO/S, REMOVE, FROM TIME TO TIME, POLES, GUYS, ANCHORS, WIRES, CABLES, CONDUITS, MANHOLES, m TRANSFORMERS, PEDESTALS, EQUIPMENT CAB/NETS OR OTHER FACILITIES USED IN CONNECTION WITH -� m DATED AT ________________, ________, THIS ____ DAY OF ____ THIS _______DAY OF___________, 20___._________, 20___. UNDERGROUND TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUN/CA770NS, SOUNDS AND m SIGNALS /N, OVER, UNDER, ACROSS, ALONG AND UPON THE SURFACE OF THE PROPERTY SHOWN SLRVEYORS CERTIFICATE M W/TH/N THE DASHED OR DOTTED LINES (or similar designation) ON THE PLAT AND MARKED BY. 'EASEMENT'; "UTILITY EASEMENT'; "PUBLIC UTILITY EASEMENT'; 'P.U.E." (or similar designation), THE STATE OF ILLINOIS ) I Q o CHAIRMAN PROPERTY DESIGNATED IN THE DECLARATION OF CONDOMINIUM AND/OR ON HIS PLAT AS "COMMON )S.S. p ELEMENTS" AND HE PROPERTY DESIGNATED ON THE PLAT AS "COMMON AREA OR AREAS", AND THE COUNTY OF KENDALL) o 8Y. PROPERTY DESIGNATED ON THE PLAT FOR STREETS AND ALLEYS, WHETHER PUBLIC OR PRIVATE, TOGETHER WITH THE RIGHT TO INSTALL REQUIRED SERVICE CONNECT IONS UNDER THE SURFACE OF THIS IS TO CERTIFY THAT 1, BERNARD J. BAUER, ILLINOIS PROFESSIONAL LAND SURVEYOR NO. EACH LOT AND COMMON AREA OR AREAS TO SERVE IMPROVEMENTS THEREON, OR ON ADJACENT 035-3799, AT THE REQUEST OF THE OWNER(S) THEREOF, HAVE SURVEYED, SUBDIVIDED AND 0z LOTS, AND COMMON AREA OR AREAS, THE RIGHT TO CUT, TRIM OR REMOVE TREES, BUSHES, ROOTS, PLATTED HE FOLLOWING DESCRIBED PROPERTY. NOTARY CERT/FICATE CITY ADM/NISTRATOR•S CERTIFICATE SAPLINGS AND TO CLEAR OBSTRUCTIONS FROM THE SURFACE AND SUBSURFACE AS MAY BE REASONABLY REQUIRED /NC/DENT TO THE RIGHTS HEREIN GIVEN, AND THE RIGHT TO ENTER UPON STATE OF _____________ ) STATE OF ILLINOIS ) PART OF EAST HALF OF SECTION f0, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD 04 S.S. ) S.S. THE SUBD/VIDEO PROPERTY FOR ALL SUCH PURPOSES. PR/VATS OBSTRUCTIONS SHALL NOT BE PR/NC/PAL MERIDIAN, ALONG WITH LOT 358 IN PRESTW/CK OF YORKVILLE, UNIT 1, ACCORDING TO HE M PLACED OVER GRANTEES' FACILITIES OR IN, UPON OR OVER THE PROPERTY WITH/N THE DASHED OR PLAT HEREOF, RECORDED OCTOBER 31ST, 2006 AS DOCUMENT NUMBER 200600035287, DESCRIBED COUNTY OF ___________ ) COUNTY OF KENDALL) DOTTED LINES (or similar designation) ON THE PLAT AND MARKED 'EASEMENT", "UTILITY EASEMENT", AS FOLLOWS.- PUBLIC UTILITY EASEMENT", 'P.U.E." (or similar designation), WITHOUT THE PR/OR WRITTEN CONSENT BEG INNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECT/ON 10,• � APPROVED AND ACCEPTED BY THE CITY ADMINISTRATOR OF THE UN/TED CITY OF YORKOLLE, � NOTARY PUBLIC /N AND FOR /LL/NO/S, THIS _______DAY OF___________, 20___. OF THE GRANTEES. AFTER INSTALLATION OF ANY SUCH FACILITIES, THE GRADE OF THE SUBDIVDED THENCE SOUTH O1 DEGREE 27 MINUTES 28 SECONDS EAST, 202.68 FEET, ALONG THE EAST LINE OF ao PROPERTY SHALL NOT BE ALTERED IN A MANNER SO AS TO INTERFERE WITH THE PROPER SAID SOUTHEAST QUARTER,• THENCE SOUTH 88 DEGREES 32 MINUTES 32 SECONDS WEST, 40.03 HE STATE AND COUNTY AFORESAID, HEREBY CERTIFY THAT OPERATION AND MAINTENANCE THEREOF. FEET,• THENCE NORTHWESTERLY, 39.27 FEET, ALONG A NON-TANGENTIAL CURVE TO THE LEFT, SAID p AND ------ PERSONALLY KNOW TO ME TO BE THE SAME CURVE HAVING A RADIUS OF 25.00 FEET, A CHORD THAT BEARS NORTH 46 DEGREES 27 MINUTES E N c0 --------------------- PERSON(S) WHOSE NAME(S) IS(ARE) SUBSCRIBED TO THE FOREGOING INSTRUMENT, APPEARED THE TERM "COMMON ELEMENTS" SHALL HAVE THE MEANING SET FORTH FOR SUCH TERM IN THE 23 SECONDS WEST AND A CHORD OF 35.36 TO A PO/NT OF TANGENCY, THENCE SOUTH 88 W ---------------------------------------------- "C0A1DOM/N/UMPROPERTYACT',' CHAPTER 765 /LCS 605/2, AS AMENDED FROM TIME TO TIME. DEGREES 32 MINUTES 36 SECONDS WEST, TANGENT TO LAST DESCRIBED CURVE, 94.65 FEET, TO A - BEFORE ME THIS DAY AND ACKNOWLEDGED THE EXECUTION OF THE ANNEXED PLAT AND CITY ADMINISTRATOR PO/NT OF CURVATURE,• THENCE WESTERLY, 112.32 FEET, ALONG A TANGENT/AL CURVE TO THE c ACCOMPANYING INSTRUMENTS FOR THE USES AND PURPOSES THEREIN SET FORTH AS HIS THE TERM "COMMON AREA OR AREAS" IS DEFINED AS A LOT, PARCEL OR AREA OF THE REAL RIGHT, SAID CURVE HAVING A RADIUS OF 385.00 FEET, A CHORD THAT BEARS NORTH 83 DEGREES (n LO (HER)(THE/R) FREE AND VOLUNTARY ACT. PROPERTY, THE BENEFICIAL USE AND ENJOYMENT OF WHICH IS RESERVED IN WHOLE OR AS AN 05 MINUTES 57 SECONDS WEST AND A CHORD OF 111.92 TO A POINT OF REVERSE CURVATURE, p (D o u?APPORTIONMENT TO THE SEPARATELY OWNED LOTS, PARCELS OR AREAS WITHIN THE PLANNED THENCE SOUTHWESTERLY, 29.46 FEET, ALONG A TANGENT/AL CURVE TO THE LEFT, SAID CURVE CO DEVELOPMENT, EVEN THOUGH SUCH MAY BE OTHERWISE DESIGNATED ON THE PLAT BY TERMS SUCH HAVING A RADIUS OF 25.00 FEET, A CHORD THAT BEARS SOUTH 71 DEGREES 29 MINUTES 46 o c0 GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS ___ DAY OF --- --------- 20__. SECONDS WEST AND A CHORD OF 27.79 FEET TO A PO/NT OF REVERSE CURVATURE; THENCE o a) co E AS "OUTLOTS", "COMMON ELEMENTS", "OPEN SPACE", "OPEN AREA", "COMMON GROUND", 'PARKING", WESTERLY, 340.27 FEET, ALONG A TANGENTIAL CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS � p v O AND "COMMON AREA". THE TERMS "COMMON AREA OR AREAS" AND "COMMON ELEMENTS" INCLUDE OF 333.00 FEET, A CHORD THAT BEARS SOUTH 67 DEGREES 00 MINUTES 26 SECONDS WEST AND A 0 o e c0 CITY CLERKS CERTIFICATE REAL PROPERTY SURFACED WITH INTERIOR DRIVEWAYS AND WALKWAYS, BUT EXCLUDES REAL CHORD OF 325.66 FEET TO A PO/NT OF TANGENCY, THENCE NORTH 83 DEGREES 43 MINUTES 10 0 0 � � PROPERTY PHYSICALLY OCCUPIED BY A BUILDING, SERVICE BUS/NESS DISTRICT OR STRUCTURES SUCH STATE OF ILLINOIS ) AS A POOL, RETENTION POND OR MECHANICAL EQUIPMENT. SECONDS WEST, TANGENT TO LAST DESCRIBED CURVE, 286.25 FEET TO A PO/NT OF CURVATURE, _ CO NOTARY PUBLIC S.S. THENCE WESTERLY, 272.00 FEET, ALONG A TANGENTIAL CURVE TO THE LEFT, SAID CURVE HAVING A U) N U 0) COUNTY OF KENDALL ) RADIUS OF 967.00 FEET, A CHORD THAT BEARS SOUTH 88 DEGREES 13 MINUTES 20 SECONDS WEST o RELOCATION OF FACILITIES KILL BE DONE BY GRANTEES AT COST OF THE GRANTOR/LOT OWNER, AND A CHORD OF 271.11 FEET TO A POINT OF TANGENCY, THENCE SOUTH 80 DEGREES 09 Y � � APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE UN/TED CITY OF YORKVILLE, UPON WRITTEN REQUEST. MINUTES 51 SECONDS WEST, TANGENT TO LAST DESCRIBED CURVE, 243.94 FEET TO A POINT OF = c 0 c0 CUR VATURE,• THENCE NORTHWESTERLY, 571.20 FEET, ALONG A TANGENT/AL CURVE TO THE RIGHT, co >- ILLINOIS, BY ORDINANCE No.--- -------- AT A MEETING HELD THIS _______DAY SAID CURVE HAVING A RADIUS OF 33300 FEET, A CHORD THAT BEARS NORTH 50 DEGREES 41 COLNEY CLERKS CERT IFICATE OF----------, 20___. EASEM E FOR ELBL/C UTIL IT/ES AW DRAINAGE PROMSIONS MINUTES 46 SECONDS WEST AND A CHORD OF 503.70 FEET TO A PO/NT OF TANGENCY,• THENCE A NON-EXCLUSIVE EASEMENT /S HEREBY RESERVED FOR AND GRANTED TO SBC AMER/TECH, N/COR, NORTH 01 DEGREES 33 MINUTES 23 SECONDS WEST, TANGENT TO LAST DESCRIBED CURVE, 227.23 STATE OF ILLINOIS ) FEET TO A POINT OF CURVATURE, THENCE NORTHWESTERLY, 361.38 FEET, ALONG A TANGENT/AL S.S. COM ED, COMCAST, OTHER PUBLIC UTILITIES, AND HOLDERS OF EX/STING FRANCHISES GRANTED BY VJ CURVE TO THE LEFT SAID CURVE HAVING A RADIUS OF 71700 FEET, A CHORD THAT BEARS NORTH COUNTY OF KENDALL) ______________________________________________ THE CITY OF YORKVILLE, ILLINOIS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS MTH/N THE 15 DEGREES 59 MINUTES 44 SECONDS WEST AND A CHORD OF 35757 FEET,• THENCE NORTH 30 ^, CITY CLERK AREAS SHOWN ON THE PLAT AS 'PUBLIC UTILITY & DRAINAGE EASEMENT" (abbreviated P.U. & D.E.) DEGREES 26 MINUTES 05 SECONDS WEST, 174.10 FEET,• THENCE NORTHERLY, 261.19 FEET, ALONG A W 1, COUNTY CLERK OF KENDALL COUNTY, ILLINOIS, DO HEREBY TO CONSTRUCT, INSTALL, RECONSTRUCT, REPAIR, REMOVE, REPLACE, INSPECT, MAINTAIN AND NON-TANGENTIAL CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 335.00 FEET, A CHORD OPERATE UNDERGROUND TRANSMISSION AND DISTRIBUTION SYSTEMS AND LINES UNDER THE SURFACE I� CERTIFY THAT THERE ARE NO DELINQUENT GENERAL TAXES, NO UNPAID CURRENT TAXES, D UNPAID OF THE 'PUBLIC UTILITY & DRAINAGE EASEMENT", INCLUDING WITHOUT LIMITATION TO TELEPHONE A SOUTHERLY LINE OF SAID EPRESTW/CI KUOF YORKVILLE, UNIT AND THENCE SOUTH 75 DEGREES 45 `J FORFEITED TAXES, AND NO REDEEMABLE TAX SALES AGAINST ANY OF THE LAND INCLUDED /N HE PLAT HEREIN DRAWN. l FUR HER CERTIFY THAT / HAVE RECEIVED ALL STATUTORY FEES IN CABLE, GAS MA/NS, ELECTRIC LINES, CABLE TELEVISION LINES, AND ALL NECESSARY FACILITIES MINUTES 48 SECONDS EAST, ALONG SAID SOUTHERLY LINE, 70.00 FEET TO A WESTERLY LINE OF Ir APPURTENANT THERETO, TOGETHER WITH THE RIGHT OF ACCESS THERETO FOR THE PERSONNEL AND CONNECTION WITH HE PLAT HEREIN DRAWN. SAID LOT 358 (THE FOLLOWING 17 COURSES ARE ALONG THE WESTERLY AND NORTHERLY LINES OF EQUIPMENT NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES AND TOGETHER WITH THE SAID LOT 358); THENCE NORTHEASTERLY, 142.07 FEET, ALONG A NON-TANGENTIAL CURVE TO THE GIVEN UNDER MY HAND AND SEAL OF THE COUNTY CLERK AT YORKVILLE, RIGHT TO INSTALL REQUIRED SERVICE CONNECTIONS UNDER THE SURFACE OF EACH LOT TO SERVE RIGHT, SAID CURVE HAVING A RADIUS OF 265.00 FEET, A CHORD THAT BEARS NORTH 29 DEGREES CITY COLA/CAL CERT IFICATE IMPROVEMENTS THEREON. 35 MINUTES 43 SECONDS EAST AND A CHORD OF 140.38 FEET; THENCE NORTH 41 DEGREES 58 ILL/NO/S, HIS _________DAY OF ________ 20____. ANON-EXCLUSIVE EASEMENT /S ALSO HEREBY RESERVED FOR AND GRANTED TO THE UN/TED CITY MINUTES 22 SECONDS EAST, 38.46 FEET; THENCE NORTH 44 DEGREES 57 MINUTES 14 SECONDS STATE OF ILLINOIS ) OF NON-EXCLUSIVE ILL/NOSE TO CONSTRUCT, INSTALL, RECONSTRUCT, REPAIR, REMOVE, REPLACE AND EAST, 113.75 FEET TO A POINT OF CURVATURE; THENCE EASTERLY, 39.27 FEET, ALONG A ) S.S. TANGENT/AL CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CHORD THAT INSPECT FAC/L/TIES FOR THE TRANSMISSION AND DISTRIBUTION OF WATER, STORM SEWERS, SAN/TARP COUNTY OF KENDALL) SEWERS AND ELECTRICITY, W/TH/N THE AREAS SHOWN ON THE PLAT AS 'PUBLIC UTILITY & DRAINAGE BEARS NORTH 89 DEGREES 57 MINUTES 14 SECONDS EAST AND A CHORD OF 35.36 FEET; THENCE SOUTH 44 DEGREES 57 MINUTES 14 SECONDS WEST, 150.00 FEET; HENCE SOUTH 49 DEGREES 49 APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE UN/TED CITY OF YORKWLLE, EASEMENT", TOGETHER WIN A RIGHT OF ACCESS THERETO FOR THE PERSONNEL AND EQUIPMENT MINUTES 48 SECONDS EAST; 102.54 FEET; THENCE SOUTH 55 DEGREES 49 MINUTES 25 SECONDS ---------------------------------------------- - COUNTY CLERK NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES. EAST, 80.00 FEET; THENCE SOUTH 64 DEGREES 04 MINUTES 50 SECONDS EAST, 94.23 FEET;ILL/LAOIS, THIS ------- DAY OF- --------• 20___ THENCE SOUTH 62 DEGREES 30 MINUTES 12 SECONDS EAST, 257.25 FEET; THENCE SOUTH 68 THE ABOVE NAMED ENTITIES ARE HEREBY GRANTED THE RIGHT TO ENTER UPON EASEMENTS HEREIN DEGREES 11 MINUTES 23 SECONDS EAST, 100.15 FEET; THENCE SOUTH 84 DEGREES 03 MINUTES 44 DESCRIBED FOR THE USES HEREIN SET FORTH AND THE RIGHT TO CUT, TRIM, OR REMOVE ANY SECONDS EAST, 11755 FEET; THENCE NORTH 77 DEGREES 46 MINUTES 28 SECONDS EAST, 119.65 ---------------------------------------------- TREES, SHRUBS OR OTHER PLANTS WITHIN THE AREAS DESIGNATED AS "PUBLIC UTILITY AND FEET; THENCE NORTH 57 DEGREES 26 MINUTES 46 SECONDS EAST, 119.65 FEET; THENCE NORTH U MAYOR DRAINAGE EASEMENT" WHICH INTERFERE W IN THE CONSTRUCTION, INSTALLATION, RECONSTRUCTION, 36 DEGREES 37 MINUTES 37 SECONDS EAST, 125.36 FEET, THENCE NORTH 22 DEGREES 38 n REPAIR, REMOVAL, REPLACEMENT, MAINTENANCE AND OPERATION OF THEIR UNDERGROUND MINUTES 17 SECONDS EAST, 10766 FEET; THENCE NORTH 13 DEGREES 40 MINUTES 06 SECONDS 1 STATE OF ILLINOIS ) TRANSMISSION AND DISTRIBUTION SYSTEMS AND FACILITIES APPURTENANT THERETO. NO PERMANENT EAST, 120.97 FEET; THENCE SOUTH 84 DEGREES 35 MINUTES 37 SECONDS EAST, 133.22 FEET TO z �� O ) S.S. BUILDINGS, STRUCTURES, OR OBSTRUCT IONS SHALL BE CONSTRUCTED /N, UPON, OR OVER ANY A POINT OF TANGENCY; THENCE SOUTHEASTERLY, 313.54 FEET, ALONG A TANGENT/AL CURVE TO COUNTY OF KENDALL) AREAS DESIGNATED AS 'PUBLIC U77LITY & DRAINAGE EASEMENT", BUT SUCH AREAS MAY BE USED THE RIGHT, SAID CURVE HAVING A RADIUS OF 26700 FEET, A CHORD THAT BEARS SOUTH 50 m FOR GARDENS, SHRUBS, TREES, LANDSCAPING, DRIVEWAYS, AND OTHER RELATED PURPOSES THAT DEGREES 57 MINUTES 07 SECONDS EAST AND A CHORD OF 295.83 FEET TO A SOUTHERLY CORNER 00 1, ________________________ DO HEREBY CERTIFY THAT ALL MATTERS PERTAINING TO THE CITY ENGIACUR•S CERTIFICATE DO NOT UNREASONABLY INTERFERE WITH THE USES HEREIN DESCRIBED. OF SAID PRESTWICK OF YORKOLLE, UNIT 1; THENCE NORTH 72 DEGREES 41 MINUTES 23 SECONDS �^ `V HIGHWAY REQUIREMENTS AS DESCR/BED IN THE REGULATIONS GOVERNING PLATS ADOPTED BY THE EAST, ALONG A SOUTHERLY LINE OF SAID PRESTW/CK OF YORKVILLE, UNIT 1, 66.00 FEET; THENCE (n STATE OF ILLINOIS ) THE OCCUPA77ON AND USE OF THE NON-EXCLUSIVE EASEMENT HEREIN GRANTED AND RESERVED SOUTHERLY, 165.97 FEET, ALONG ANON-TANGENTIAL CURVE TO THE RIGHT, SAID CURVE HAVING A o COUNTY BOARD OF KENDALL COUNTY, INSOFAR AS THEY PERTAIN TO THE ANNEXED PLAT, HAVE ) S.S. FOR THE ABOVE NAMED ENTITIES RADIUS OF 333.00 FEET, A CHORD THAT BEARS SOUTH 03 DEGREES O1 MINUTES 57 SECONDS EAST, TIES BY EACH OF SUCH ENT177ES SHALL BE DONE /N SUCH A MANNER BEEN COMPLIED WITH. DATED THIS _______ DAY OF ______ ________, 20___. SO AS NOT TO INTERFERE WITH OR PRECLUDE THE OCCUPAT70N AND USE THEREOF BY OTHER AND A CHORD OF 164.25 FEET TO A POINT OF TANGENCY; THENCE SOUTH 11 DEGREES 14 Q COUNTY OF KENDALL) MINUTES 44 SECONDS WEST, TANGENT TO LAST DESCRIBED CURVE, 156.86 FEET TO A POINT OF � EN17T/ES FOR WHICH SUCH EASEMENTS ARE GRANTED AND RESERVED. THE CROSSING AND RECROSSING OF SAID EASEMENTS BY THE ABOVE NAMED ENTITIES SHALL BE DONE IN SUCH A CUR VATURE,• THENCE SOUTHERLY, 321.92 FEET, ALONG A TANGENTIAL CURVE TO THE LEFT, SAID w a' _ MANNER SO AS NOT TO INTERFERE W/TH, DAMAGE, OR DISTURB ANY TRANSMISSION AND CURVE HAVING A RADIUS OF 467.00 FEET, A CHORD THAT BEARS SOUTH 08 DEGREES 30 MINUTES 1--� _____ _ CITY ENGINEER FOR THE UN/TED CITY OF YORKVILLE, DO 1� N TOWNSHIP HIGHWAY COMMISSIONER DISTRIBUT70N SYSTEMS AND FACILITIES APPURTENANT THERETO EX/STING MTH/N THE EASEMENTS 10 SECONDS EAST AND A CHORD OF 315.59 FEET TO A PO/NT OF TANGENCY; HENCE SOUTH 28 HEREBY CERTIFY THAT THE REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED OR THE REQUIRED DEGREES 15 MINUTES 03 SECONDS EAST, TANGENT TO LAST DESCRIBE LINE, 193.11 FEET TO A o GUARANTEE COLLATERAL HAS BEEN POSTED FOR THE COMPLETION OF ALL REQUIRED IMPROVEMENTS. BEING CROSSED OR RECROSSED. NO USE OR OCCUPATION OF SAID EASEMENTS BY THE ABOVE v w NAMED ENTITIES SHALL CAUSE ANY CHANGE IN GRADE OR IMPAIR OR CHANGE THE SURFACE POINT OF CURVATURE,• THENCE SOUTHERLY, 26740 FEET, ALONG A TANGENTIAL CURVE TO THE DATED AT YORKVILLE, ILL/LAOIS THIS _______ DAY OF _______, 20___. DRA/NAGS PATTERNS. RIGHT, SAID CURVE HAVING A RADIUS OF 333.00 FEET, A CHORD THAT BEARS SOUTH 05 DEGREES r� 14 MINUTES 47 SECONDS EAST AND A CHORD OF 260.27 FEET TO POINT OF REVERSE CURVATURE; F+�1 w DRAINAGE CERTIFICATE FOLLOWING ANY WORK TO BE PERFORMED BY THE UNITED CITY OF YORKVILLE IN THE EXERCISE OF THENCE SOUTHERLY, 42.68 FEET, ALONG A TANGENT/AL CURVE TO THE LEFT, SAID CURVE HAVING A O ° STS EASEMENT RIGHTS HEREIN GRANTED, SAID CITY SHALL HAVE NO OBLIGA77ON TH RESPECT TO RADIUS OF 25.00 FEET, A CHORD THAT BEARS SOUTH 31 DEGREES 08 MINUTES 54 SECONDS EAST rT1 j^ 0) WI STATE OF ILLINOIS ) SURFACE RESTORATION, INCLUDING BUT NOT LIMITED T0, THE RESTORATION, REPAIR OR AND A CHORD OF 37.68 FEET TO A PO/NT OF COMPOUND CURVATURE; THENCE EASTERLY, 62.69 N ) SS REPLACEMENT OF PAVEMENT, CURB, GUTTERS, TREES, LAWN OR SHRUBBERY, PROVIDED, HOWEVER, FEET, ALONG A TANGENT/AL CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 315.00 FEET, A ° COUNTY OF KENDALL) ------------------------------ THAT SA/D CITY SHALL BE OBLIGATED, FOLLOWING SUCH MAINTENANCE WORK, TO BACKF/LL AND CHORD THAT BEARS SOUTH 85 DEGREES 45 M/NOTES 20 SECONDS EAST AND A CHORD OF 62.58 CITY ENGINEER ° MOUND ALL TRENCH CREATED SO AS TO RETAIN SUITABLE DRAINAGE, TO COLD PATCH ANY FEET TO A POINT OF TANGENCY; THENCE NORTH 88 DEGREES 32 MINUTES 36 SECONDS EAST, N WE, ________, REGISTERED PROFESSIONAL ENGINEER AND _____ , ASPHALT OR CONCRETE SURFACE, TO REMOVE ALL EXCESS DEBRIS AND SPOIL, AND TO LEAVE THE TANGENT TO LAST DESCRIBED CURVE, 94.65 FEET TO A PO/NT OF CURVATURE; THENCE, OWNER (OR HIS ATTORNEY) SUBMIT THE TOPOGRAPHICAL AND PROFILE STUDIES AND, TO THE BEST MAINTENANCE AREA IN A GENERALLY CLEAN AND WORKMANLIKE CONDITION. NORTHEASTERLY, 39.27 FEET, ALONG A TANGENTIAL CURVE TO THE LEFT, SAID CURVE HAVING A OF OUR KNOWLEDGE AND BELIEF THE DRAINAGE OF SURFACE WATERS WILL NOT BE CHANGED BY RADIUS OF 25.00 FEET, A CHORD THAT BEARS NORTH 43 DEGREES 32 MINUTES 37 SECONDS EAST �1•� THE CONSTRUCTION OF THIS SUBD/VIS/ON OR ANY PART HEREOF, OR, THAT IF SUCH SURFACE AND A CHORD OF 35.36 FEET TO A PO/NT OF TANGENCY, SAID POINT BEING ON A LON 40.00 FEET CL WATER DRAINAGE WILL BE CHANGED, REASONABLE PROVISIONS HAVE BEEN MADE FOR THE WEST OF AND PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST QUARTER,• THENCE NORTH O1 O COLLEC77ON AND DIVERSION OF SUCH SURFACE WATERS INTO PUBLIC AREAS, OR DRAINS WHICH THE DEGREES 26 MINUTES 18 SECONDS WEST, ALONG SAID PARALLEL LINE, 82.65 FEET,• THENCE NORTH STORMWATER MANAGEMENT EASEA45W PROVISIONS 04 SUBDIVIDER HAS A RIGHT TO USE, AND THAT SUCH SURFACE WATERS WILL BE PLANNED FOR IN O1 DEGREES 32 MINUTES 40 SECONDS WEST, ALONG A LINE 40.00 FEET WEST OF AND PARALLEL ° ACCORDANCE WITH GENERALLY ACCEPTED ENGINEERING PRACTICES SO AS TO REDUCE THE AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO THE UN/TED CITY OF YORKVILLE AND TO WITH THE EAST LINE OF SAID NORTHEAST QUARTER, 74.66 FEET TO A SOUTHERLY LINE OF SAID 1 x ° LIKELIHOOD OF DAMAGE TO THE ADJOINING PROPERTY BECAUSE OF THE CONSTRUCTION OF THIS ITS SUCCESSORS AND ASSIGNS, OVER ALL OF THE AREAS MARKED 'STORMWATER MANAGEMENT PRESTW/CK OF YORKVILLE, UNIT 1; THENCE NORTH 88 DEGREES 28 MINUTES 09 SECONDS EAST, F-1 a SUBD/V/S/ON. EASEMENT" (abbreviated S.M.E.) ON THE PLAT FOR THE PERPETUAL RIGHT, PRIVILEGE, AND ALONG SAID SOUTHERLY LINE, 40.00 FEET TO SAID EAST LINE,• THENCE SOUTH O1 DEGREES 32 AUTHORITY TO SURVEY, CONSTRUCT, RECONSTRUCT, REPAIR, INSPECT, MAINTAIN AND OPERATE MINUTES 40 SECONDS EAST, ALONG SAID EAST LINE, 74.68 FEET TO SAID POINT OF BEG INNING, ALL d DATED THIS ____ DAY OF ____________________,20__. STORM SEWERS AND THE STORMWATER MANAGEMENT AREA, TOGETHER W/TH ANY AND ALL IN THE UNITED CITY OF YORKVILLE, KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS AND CONTAINING �^ ° NECESSARY MANHOLES, CATCH BAS/NS, SANITARY SEWERS, WATER MA/NS, ELECTRIC AND 43.62 ACRES OF LAND MORE OR LESS. V L COMMON/CATION CABLES, CONNECTIONS, DITCHES, SWALES AND OTHER STRUCTURES AND APPURTENANCES AS MAY BE DEEMED NECESSARY BY SAID CITY, OVER, UPON, ALONG, UNDER AND a OWNER (OR DULY AUTHOR/ZED ATTORNEY) REGISTERED PROFESSIONAL ENGINEER THROUGH SAID INDICATED EASEMENT, TOGETHER WITH THE RIGHT OF ACCESS ACROSS THE / FURTHER CERTIFY THAT THE PLAT HEREON DRAWN IS A CORRECT AND ACCURATE REPRESENTATION KENDALL COUNTY RIGHT TO FARM STATEMENT PROPERTY FOR NECESSARY MEN AND EQUIPMENT TO DO ANY OF THE ABOVE WORK. THE RIGHT /S OF SAID SURVEY AND SUBDIVISION. ALL DISTANCES ARE SHOWN IN U.S. SURVEY FEET AND DECIMAL ALSO GRANTED TO CUT DOWN, TRIM OR REMOVE ANY TREES, SHRUBS OR OTHER PLANTS ON THE PARTS HEREOF. NOTICE. EASEMENT THAT INTERFERE WITH THE OPERATION OF SEWERS OR OTHER UTILITIES. NO PERMANENT KENDALL COUNTY HAS A LONG, RICH TRADIT70N IN AGRICULTURE AND BUILDINGS SHALL BE PLACED ON SAID EASEMENT. NO CHANGE TO THE TOPOGRAPHY OR RESPECTS THE ROLE THAT FARMING CONTINUES TO PLAY IN SHAPING THE STORMWATER MANAGEMENT STRUCTURES WH IN THE EASEMENT AREA SHALL BE MADE WITHOUT / FURTHER CERTIFY THAT NO PART OF THE ABOVE DESCRIBED PROPERTY IS LOCATED WITHIN A N ECONOMIC VIABILITY OF THE COUNTRY. PROPERTY THAT SUPPORTS THIS EXPRESS WRITTEN CONSENT OF THE CITY ENGINEER, BUT SAME MAY BE USED FOR PURPOSES THAT SPEC/AL FLOOD HAZARD AREA AS IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY INDUSTRY IS INDICATED BY A ZONING INDICATOR - A-1 OR AG SPEC/AL DO NOT THEN OR LATER INTERFERE W/TH THE AFORESAID USES OR RIGHTS. BASED ON FIRM MAP N0. 17093C0125G, BEARING AN EFFECTIVE DATE OF, FEBRUARY 4, 2009. ALL o USE. ANYONE CONSTRUCTING A RESIDENCE OR FACILITY NEAR THIS ZONING OF THE PROPERTY IS LOCATED IN ZONE 'X'; AREAS DETERMINED TO BE OUTS/DE OF THE 0.29' SHOULD BE AWARE THAT NORMAL AGR ICULTURAL PRACTICES MAY RESULT THE OWNER OF THE PROPERTY SHALL REMAIN RESPONSIBLE FOR THE MAINTENANCE OF THE ANNUAL CHANCE FLOODPLA/N. BAR IS ONE INCH ON IN OCCASIONAL SMELLS, DUST, SIGHTS, NOISE AND UNIQUE HOURS OF STORMWATER MANAGEMENT AREA AND APPURTENANCES THE UNITED CITY OF YORKVILLE WILL OFFICIAL DRAWINGS OPERAT70NS THAT ARE NOT TYPICAL IN OTHER ZONING AREAS PERFORM ONLY EMERGENCY PROCEDURES AS DEEMED NECESSARY BY THE CITY ENGINEER OF THE 0 1" 3 UNITED CITY OF YORKOLLE. I FURTHER CERTIFY THAT / HAVE SET ALL EXTERIOR SUBDIVISION MONUMENTS AND DESCRIBED THEM n ON HIS FINAL PLAT, AND THAT ALL INTER/OR MONUMENTS SHALL BE SET AS REQUIRED BY IF NOT ONE INCH, STATUTE (ILLINOIS REVISED STATUTES 1989, CHAPTER 109 SECT70N 1). ADJUST SCALE ACCORDINGLY CL PEDESTRIAN AI1O B/KE TRA/L EASEACIT PROMS IONS S FURTHER CERTIFY THAT THE PROPERTY SHOWN ON THE PLAT HEREON DRAWN IS S/TUA TED W/TH/N DRAWN BY: BJ B THE UNITED CITY OF YORKVILLE, ITS SUCCESSORS, LICENSEES AND ASSIGNS, ARE HEREBY GIVEN C14 THE CORPORATE LIMITS OF THE UN/TED CITY OF YORKVILLE, ILLINOIS, WHICH IS EXERCISING THE APPROVED: MRF ° EASEMENT RIGHTS OVER ALL AREAS ON THE PLAT MARKED 'PEDESTR/AN EASEMENT'; 'BIKE TRAIL SPEC/AL POWERS AUTHOR/ZED BY DIVISION 12 OF ARTICLE 11 OF THE ILLINOIS MUNICIPAL CODE AS o EASEMENT", 'PEDESTRIAN AND BIKE TRAIL EASEMENT" OR 'STORMWATER MANAGEMENT EASEMENT", AMENDED. JOB DATE: 07/2/2013 TO CONSTRUCT, INSTALL, RECONSTRUCT, REPAIR, REMOVE, REPLACE, INSPECT, MAINTAIN AND JOB No: 88130135 OPERATE PEDESTRIAN AND BICYCLE TRAILS, PAVED OR UNPAVED, FOR THE USE AND ENJOYMENT OF THE GENERAL PUBLIC. THE ABOVE NAMED ENTITIES ARE HEREBY GRANTED THE RIGHT TO ENTER GIVEN UNDER MY HAND AND SEAL AT YORKVILLE, ILLINOIS, HIS _______ DAY OF CL UPON EASEMENTS HEREIN DESCRIBED FOR THE USES HEREIN SET FORTH AND THE RIGHT TO CUT, --------- 2013. SHEET � TRIM, OR REMOVE ANY TREES, SHRUBS OR OTHER PLANTS W/TH/N THE EASEMENT AREAS HEREIN FOR REVIEW GRANTED WHICH INTERFERE WIN THE CONSTRUCTION, INSTALLATION, RECONSTRUCTION, REPAIR, 3 REMOVAL, REPLACEMENT, INSPECTION, MAINTENANCE AND OPERATION THEREOF. NO TEMPORARY OR n 0 F n ------------------------------------- L L PERMANENT BUILDINGS, STRUCTURES OR OBSTRUCTIONS SHALL BE PLACED ON OR OVER SAID BERNARD J. BAUER 0- 8/6/2013 1 1 :14:24 AM EASEMENTS THAT INTERFERE W/H THE RIGHTS HEREIN GRANTED. ILLINOIS PROFESSIONAL LAND SURVEYOR, NO. 035-3799 0:\88130135\Survey\Dwgs\FP-88130135-Yorkville_Christion-School.dwg LICENSE EXPIRATION DATE.- 11130/14 L X FINAL PLAT OF SUBDIVISION W C-QEav coWACrsJ GRAPHIC SCALE DAVID W. SCHULTZ P.E, PROJECT MANAGER 630-753-7560 so 0 40 80 160 BERNARD J. BAUER P.L.S., PROJECT SURVEYOR 630-753-7560 A SUBDIVISION OF PART OF THE EAST 1/2 OF SECTION 10 TOWNSHIP 36 NORTH RANGE 7 z ( IN FEET ) 0 1 inch - T ft. EAST OF THE THIRD PRINCIPAL MERIDIAN, AND A RESUBDIVISION OF LOT 358 IN LEGEND o L-39.2`7' R-25.00' PRESTWICK OF YORKVILLE SUBDIVISION, UNIT 1, IN THE UNITED CITY OF YORKVILLE, - CENTERL/NE CB=N89°57'1 "E CH=35.36' KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS BOUNDARY LINE ° j z S84°35'37"E 133.22' �•7/\ o 14' D� - - ��h .� RIGHT OF WAY LINE Ln �E F A�Q RVII, _ NIT I ,1, Ce-6's00 1/�/�Q�\ 107 LOT LINE � FS � ��'�o°° IGK �F p0�3528� `� rn o <.S°°s F �.9 iC �D ��`l,� 5� '�� 54 pRESTp C. 206 J ° 3735°�, BUILDING SETBACK LINE �� 0 8 A- F \ EASEMENT LINE S'Q9 70 ! �6'�y°�° 108 - - DENOTES AREA HEREBY DEDICATED L=142.07' =265.00' Q9,SQ, /' F5 , C °° =46.60' R=267.00' = TO THE UNITED CITY OF YORKVILLE CB=N29°35'43"E CH= 0.38' ��F �` \ q��q \ �'. 46.54' CB=S22°1 F �c14 FOR PUBLIC RIGHT-OF-WAY. m 59 L=0.7458R=265.00' SSSst°°°' S \ OF� ;1. \ „ �' 7 92S � °ry 12�612A"E (0 23 E ° s • DENOTES 5/8 IRON ROD FOUND w 0 00' SET CONCRETE MONUMENT F \ \ / 2N N62� N�2 41 Q S75°4S4g„E AT CORNER vv Sg 9943 i rn LOT 109 j - O DENOTES 5/8" IRON ROD SET ° 145 p4sp \ o o o c9 13.306 S.F. F � I °• a °• M n LOT 356 � = o M = O 15,365 S.F. V N V "i c� U z v I 36 .91• �4, '�", �I o' W 0 r 31 °o N o I p I S62 S�2S ��° 358 1 A. `i h LOT 110 �' rn c�i ° 13,306 S, o SEE NOTE XX CC F W 11 s o J n wo 0p `� 65 .� LOT 3 �� J Cm11 zt J m It (-0 o U) po a� S, 712 l\Nc`l 6 cif 12,631 S.F. - U o ) C4 63°`'�?, S 100.1 �`'� LOT 2 W 1 Lu �* o N ° INu) a �� AREA FROM UNIT 1 TO BE 63• 68° S" ° ? N NT NT �� 30.0 `B.S.L. �9• 71' 241,111± S.F. \� Z m 70.0' R.O.W. HEREBY DEDICATED 3,; INCLUDED IN THIS FINAL PLAT 37F, 23" 11965'$ E '� C Q (o LOT 111 ) ii F 117.55' 5.54± AC. d m ct, 0 v °46'2 � �0 12.358 S.F. :ao < AREA=1 1 626 S.F 3868 S84°03'44"E N77 S.M.E. & OPEN SPACE J U) co U LOT 340 6' TO BE CONVEYED TO THE H.O.A. LOT 354 ��vvv `� Lq ` f 12,006 S.F. w 12,640 S.F. I L O O N (D E \ LOT 341 N z �L/ r . /► ° LOT 112 �_ cn O O LOT 275 S.F. 12.005 S.F. ° " cam- _ 12,000 S.F. Co U O O C) C 1x,187 .F _ N87-00'20"E S88 40 53 S88 00'08 E N04 45'16'E 13.20' NI" _ o a - Q AR A ROM UNIT 1BE- _ o �� INC DED I THIS FINAL PLAT nl�' 3 sss4o'S.�"s 5s�' - 88.65 85.8x' _ �• ° E LOT 353 _ o r' S83.43'lp" 84 LOTS REMOVED FROM - cYi EA�8,231 S.F 238.13' "PRESTWICK OF YORKVILLE, UNIT 2" T 6 cs 30.0' B.S.L. 66.0' R.O.W. HEREBY DEDIC TED O i •- °s, �� r LOT 342 I LOT #'S 273 - LOT #'S 356 0- ° 12,011 S.F. \ \ I I I I W � O O � LOT 113 LO co >- CD LOT LOT 347 13,030 S.F N ,> \ LOT 345 120,73s.F. 12,017 S.F. I I LOT 348 I ° 12,084 S.F. LOT 349 \ LOT 344 \ 12,017 S.F. 12,000 S.F. LOT 350 10.0' P.U.&D.E. o^ 357 12,089 S.F. I I 12,000 S.F. LOT 351 HEREBY GRANTED rn � \ \ LOT 343 \ 12,011 S.F. � n 1 \ 33.0' LOT 337 12,584 S.F. I 000• C:) � 4 nVJ, 19,674 S.F. V/ � '�I O � ii �p II c9 13,299 S.F. n 10.0' P.U.&D.E. i ��- _ °o ti = LOT 114 , L LAND AREAS o 33.0' HEREBY GRAIyT q �. n U - ACREAGE LOT 1 31.61 ac. \ - �N o coo rn o UNSU6 0 LOT 2 RETENTION & OPEN SPACE 5.54 ac. �0 S, LOT 3S 6 _ _ i M M M R.O. W. HEREBY DEDICATED 6.48 ac. OJ�O o o \\ o M _ - - _ Z\� �� m CID LOT 115 m / , �� 13,299 S.F. TOTAL GROSS ACRES 43.62 ac. X� o _ LOT 277 / - - - �� m CD cn GOJ S < .n +2,544 S.F. / / � U r'� j REESTABLISHED PER IN R- DOC. 201000018327 LOT 335 LOT 326 LOT 325 LOT 324 < co M\M 12,871 S.F. 12,708 S.F. 3 N d co o 13,469 S.F. LOT 328 LOT 327 12,316 S.F. LOT 323 M 16,756 S.F. 13,194 S.F. 12,016 S.F. LOT 322 LOT 319 \ \ LOT 116 1 p 1 1. ANNOTATION ABBREVIATIONS - ,c� c� II 12,000 S.F. LOT 321 12,362 S.F. N BSL = BUILDING SETBACK LINE Lo 'J � �" -' II LOT 320 17,0x2 S.F.12,646 S.F. �\ ��°Co, POB = POINT OF BEGINNING I, m �' 1zOs8o2sF. 13.778 S.F. . °o. P.U. & D.E.. = PUBLIC UT/CITY & DRAINAGE EASEMENT m S.M.E. = STORM WA TER MANAGEMENT EASEMENT U I I LOT 334 Nr' LOT 117 ' I 12,340 S.F. �° O H.O.A. = HOMEOWNERS ASSOCIATION I I \ N\ �s 12,000 S.F. / Nr'.� V O (~� 2. THIS PROPERTY IS WITHIN THE CORPORATE LIMITS OF THE I 1i0000 s9 �,• o�, ° _ �, 1) UNITED CITY OF YORKVILLE. LOT 279 O Cn LOT 1 I N N J. 518" STEEL RODS SET ® ALL EXTERIOR CORNERS UNLESS I 12.776 s.F. I m I 1,376,835± S.F. T 312 ° / `O 11 o OTHERWISE NOTED. 518 STEEL RODS WILL BE SET AT ALL 31.61± A,C. .;,331 S.F. � �+ ` _ I I LOT 310 1` 'r' 13,811 S.F. LOT 314 I I LOT 318 �` / LOT 118 �� a INTERIOR CORNERS WITHIN 12 MONTHS OF RECORDATION. LOT 333 16,x28 S.F. ' 12,411 S.F. 12,000 S.F. 12,588 S.F. I 13,500 S.F. LOT 315 I LOT 316 4. DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS I O 12,728 S.F. I 13,054 S.F. LOT 317 OTHERWISE NOTED. M 33.0 C LOT 309 13,961 S.F. 5. NO DIMENSIONS SHALL BE ASSUMED BY SCALING. C I LOT 280 Z 16,2x6 S.F. I / rn o a 6. ALL BEARINGS AND DISTANCES ARE BASED ON A LOCAL (/) ( 12,000 S.F. O COORDINATE SYSTEM. c,,, „� • I - _ 66.0' R.0.W. 7. LOT 2 TO BE CONVEYED TO THE HOME OWNERS ASSOCIATIONS �`! N LOT 332 0 I '" - - _ _ _ r� HEREBY DEDICATED o `1 OF PRESTWICK OF YORKVILLE. N Z N 12,000 S.F. 0 8. OPEN SPACE TO BE OWNED AND MAINTAINED BY HOMEOWNERS `V I�' - o N ASSOCIATION. u W LOT 281 C _ gpYB �� - \ co lk 40.00' I r O T^ �, ,O 12,000 s.F. m - r q _ �, Z N88° 8'09"E v1 N 9. PUBLIC UTILITY AND DRAINAGE EASEMENT AND STORMWA TER N D N - _ _ - _ S DRIVE U fll S MANAGEMENT EASEMENT GRANTED OVER LOT 358 IN � "�� "' LOT 331 - - - - 1 ' '� W UNSUBpIVIDEO � ["� (� PRESTWICK OF YORKVILLE, UNIT 1, PER DOCUMENT r o 1• - 74.66' 40.0' R.O.W. N 200600035287 ARE HEREBY VACATED AND ABROGATED. z `" I 12,000 S.F. I I o°' I ° N01°32'40"W HEREBY DEDICATED 10. A PUBLIC UTILITY AND DRAINAGE EASEMENT AND STORMWATER LOT 297 I I 82.65' I I 17,226 S.F. N ° ° 74.68' 1� O MANAGEMENT EASEMENT ARE HEREBY GRANTED TO THE THE I i nT')R� _ LOT 305 LOT 304 LOT 303 \ I N N01 26'18"W � N R � S01°32'40"E 12,824 S.F. 0) UNITED CITY OF YORKVILLE OVER ALL OF LOT 2. LOT 306 12,773 S.F. 12,309 S.F. LOT 302 Mi -� „ L=42.68' R=25.00' �� co 66.0' R.0.W. HEREBY DEDICATED LOT 308 12,063 S.F. 12,055 S.F. LOT 301 LOT 298 07 CB-S31°08'54"E CH-37.68' '- 11 FOUND 1" IRON PIPE 0 11. EXISTING ZONING IS R-2 (UNITED CITY OF YORKVILLE) 17,319 S.F. I 12,000 S.F. LOT 300 12,579 S.F. _ U - - - AT CORNER 12,148 S.F. LOT 299 10 1 LOT 330 S88 00'02"W 5308.07' L=7'-E R=25.00' z o ,N R� 16,942 S.F. o ' CB=N4�`��3237'E CH=35.36' LOT 296 L=62.69' R=315.00' w O ° 9 1 B rl) � \ _J3 14,0 - -- � CB=S85°45'20"E CH=62.58' co \ _ / -N / 70.0' R.0.W. o 1-4.977-S.F. LOT 307 �� 000�Qj HEREBY DEDICATED N SET CONCRETE MONUMENT � � 9 �' � � 12,993 S.F. o p� Q. ^.p N88°32'36"E 94.65' w 7n AT CORNER o FOUND 1/2" IRON ROD /N CONCRETE \ I 0 O ii 35.0' oo �v IN LOCAT/ON OF IRON PIPE PER / /4� ��(,� / t O o DOCUMENT 201000018329 / LOT 288 LOT 289 Q �� G, MUST N \ LOT 284 LOT 287 12,322 S.F. 12,421 S.F. LOT 290 4��` , e 742.yr� qNG 3 \ 14,993 S.F. / 14,979 S.F. 12,1x8 S.F. LOT 29'` LOT 295 y�h a� �/Vjg. R=350.00' \\\ / / - \ 12,000 "T X92 14,993 S.F ��V",) 48O1��V,7CH=141.43 159.68' N cl 30.0' B.S.L. F. 12000 S.F. LOT 294 , � Ik AY S883236" < LOT 286 I HEREBY GRANTED 14,754 S.F. G / •o SHIFT IN ACCESS LOT 285 / TO PROPERTY PREPARED ON ____ /O �so• `5�� 20,327 S.F. -N5S,1�a„ECH=Z8967` I / (,� S88-32'36"W 94.6 BAR Is ONE INCH ON 0 < ,9. �B- �- // 35.0' OFFICIAL DRAWINGS PREPARED BY: �, l ��s��,��,. .p\` / 290.57 R=1033.00 94.65' � L- �3 43'7� � o / 0°s,7�' s9'.p C'�6�OR\�' '5�"E- 2 �4 C8=N88.13'20"E CH=280.36' -6�5 �_ - L=39.27' R_25.00' 0 1"<11 �, rr 0, �� y� \ BNB - - 90 CB N46°27'23"W CH 35.36' pI�IpED IF NOT ONE INCH, 1' \ -L_281.28' R=1000.00' '�' S8343'10"�c 3�$' rp N, UNSUB ADJUST SCALE ACCORDINGLY FOR REFERENCE ONLY �s ��33 °os��8• \ __ - 243g4� 1 _ X86_25, / o o �_OT 260 C` app, Ng0'09 5� L=272.00' R=967.00' MUSTANG wq� _ r\ / %33 �.3�� CB=I 32' 5'57" 00' W Cg-S88 13'20"W CH=271.11' - LOT 12 CB=N83 05'57"W CH=111.92' ao' _ DRAWN BY: BJB 1,411 S.F. y� Z� G 14,477 APPROVED: MRF a BERNARD J. BAUER 503 - _ N83°43'10" L,3 00'26 �\ \ L=29.46' R=25.00' S88°32'32" N ' CD ILLINOIS PROFESSIONAL LAND SURVEYOR No. 3799 gyp' 243.g4' W 286'25' S6�° LICENSE EXPIRES: 11/30/14 S80°Og 51 W Cg- CB=S71°29'46"W CH=27.79' 40.0 ' ° JOB DATE: 07/2/13 V) IDED I 66.0' R.0.W. HEREBY DEDICATED LOT 124 \ JOB NO: 88130135 V) I I cJUeDIV LOT 140 13,843 S.F. �` UN 17,035 S.F. \ FOUND 1" IRON PIPE SHEET 1302151 S F. I I N R� A T CORNER LOT 170 '° EXHIBIT a_ 7/24/2013 4:49:04 PM 10 14 �. V) \\hrgyvnas\Data\88130135\CAD\Dwgs\Exhibits\88130135-Exhibit-for-mtg-2013-07-24.dwg X V T a`r — • ® ' IWA N W W W APROX. LOCATION F6'47 . } PROPOSED TRAIL TO CONNECT • w m L TO THE MIDDLE SCHOOL Li I A in SIX 0 MIN — _- ®® _ . T SITE DATA: LL EXISTING ZONING: R2 I '� •� ® * LOT SIZE: 1 ,376,835± SQ. FT. (31 .61 AC.) BUILDING AREA: 0 BUILDING FOOT PRINT: (25,200± SQ. FT.) CL FLOOR AREA RATIO (F.A.R.) = 0.0183 x S0 '°°� - PARKING DATA: � Z SQ 1 * NUMBER OF REGULAR PARKING STALLS: 185 • �U * NUMBER OF HANDICAP STALLS: 6 0 oo CD o 00 J = - ' _ r * TOTAL NUMBER OF STALLS PHASE 1 : 191 = Q LLJ TOTAL---- r r _ f O ; NM STALLS REQUIRED 1 45 (PHASE1 BASED ON 100 STUDENTS AND 20 F FACULTY) Z (n O z o (1 SPACE PER 4 STUDENTS, W 1 SPACE PER FACULTY MEMBER) J °° z o TYPICAL PARKING WIDTH: 9.0' W c� 2 2 z Z ° _ ' p' :: '�'{ a,' (p * TYPICAL PARKING LENGTH: 19' U J LLJ g x oc) i � - • "`' • '� * TYPICAL ISLE WIDTH: 24' MIN. J cod z • - _ Z z J Z � Q 0 z V > LL > z \ BAR IS ONE INCH ON co J OFFICIAL DRAWINGS 0 1" IF NOT ONE INCH, 3 ADJUST SCALE ACCORDINGLY a d DRAWN BY: DWS APPROVED: DWS Q 0 JOB DATE: 2013 JOB NO: 88130135 0 U o X 0 50 100 200 u') DRAWING ° FINAL - FOR REVIEW C - 05 NOT FOR CONSTRUCTION L o. X goo 00 a a 1 oO as 1 ® Do ®0 Coe a� a od o 0 o 0 00 0 D CHRISTIAN SCHOOL 1 O 4D 1 � 1 � I � 1 � 1 IC I I I I I I I ' 10 ' x 20 ' MONUMENTAL SIGN © 2 WITH DIGITAL SIGN °° Ilk COMM El 4 O 2 REVISED 1 PERMIT REVIEW ° o A, ® F-1 � X ' No. Revision/Issue Date PROJECT NAME and ADDRESS: NEW CONSTRUCTION FOR: � I YORKVILLE o o CHRISTIAN SCHOOL 7525 ASHLEY ROAD I 0 YORKVILLE, ILLINOIS I All FIRM NAME and ADDRESS: _ 1 YORKVILLE CHRISTIAN 1 / O� 12 ' x 20 MONUMENTAL SIGN Norris Architects Inc. WITH DIGITAL SIGN P.O. BOX 781 HIGH SCHOOL I I I St. Charles, Illinois 60174 I L I (D Fax # 630/ 584-4584-2005 288 I ISHEET TITLE: — --� \ 3 12 ' x 20 1 MONUMENTAL SIGN Q SIGN & WITH DIGITAL SIGN FLOOR PLAN STUDY O PLOT DATE: Q 6/25/13 SITE DEVELOPMENT PLAN SKET Z 1"=300'-O" SHEET NUMBER: J FTLN W Scale As Noted C400 Norris Architects Inc.: 1985-2013 O oa X00 0 0 0 1] IZ . D 14 13 1 41/ �4 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ El El ---------- ---------�-------------------------- ----------------------------------- ------------------ TOP OF FLOOR - -q4'-09 4 SOUTH ELEVATION SKETCH 5 EAST ELEVATION SKETCH 1/16" = V-0" YOR LLE 4 D4 D � o Qa a o a CHRISTIAN SCHOOL a o o � ,�► I 4 fl �I 1111 RE ❑ El El ❑ I 3 I2 REVISED --- --- ---- I I I ---------- 1 PERMIT REVIEW N 10 ' x 20 ' MONUMENTAL SIGN o. Revision/Issue Date 1 WITH DIGITAL SIGN PROJECT NAME and ADDRESS: WEST ELEVATION SKETCH �a NEW CONSTRUCTION FOR: 2 1/1611 = ,1-011 YORKVILLE CHRISTIAN SCHOOL 7525 ASHLEY ROAD YORKVILLE, ILLINOIS FIRM NAME and ADDRESS: YORKVILLE CHRISTIAN Norris Architects Inc. o�a�oo HIGH SCHOOL P. . BOX 7 1 0 0 0 8 a o St. Charles, Illinois 60174 �Q OD (n Ph. # 630/ 584-2005 r n Fax # 630/ 584-4288 ep ae 12 ' x20 ' MONUMENTALSIGN z 3 WITH DIGITAL SIGN 14� � SHEET TITLE: Q ELEVATIONS & 0� MONUMENTAL SIGN STUDY — - calum- E E E ❑ ❑❑ — ID 1:1 ❑❑ 10 - PLOT DATE: ❑❑ ❑❑ ❑❑ El o 0 o Q 6/25/13 - -.. -{p TOP OF fl-OM_<I4-0h SHEET NUMBER: NORTH ELEVATION SKETCH J FTLN 0 3 Scale As Noted 1/1611 = ,1-011 � 12 ' x x 20 ' MONUMENTAL SIGN 4' WITH DIGITAL SIGN O Norris Architects Inc.: 1985-2013 Engineering Enterprises, Inc. July 23, 2013 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Yorkville Christian School Final Engineering Plan Review No. 1 United City of Yorkville, Kendall County, Illinois Dear Krysti: We are in receipt of the following documents prepared for Yorkville Christian School for the above referenced project: • Final Engineering Plans prepared by HR Green, stamped with a received date of July 5, 2013. • Final Plat of Subdivision Yorkville Christian School Subdivision prepared by HR Green, dated July 2, 2013 Our review of these plans is to generally determine their compliance with local ordinances and whether the improvements will conform to existing local systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review, we cannot and do not assume responsibility for design errors or omissions in the plans. As such, we offer the following comments: There are several items that will be required before we can recommend Final Engineering approval. Items that have yet to be submitted for review include: • Revised stormwater management report for the new land use; • Storm sewer sizing calculations; • Engineers Opinion of Probable Construction Cost for public improvements; • Revised traffic study; The following comments are based on a partial review of the plans. Road,52 Wheeler Sugar Grove, 60554 • 1) 466-6700 • 1 466-6701 fax— www.eeiw'• • Ms. Krysti Barksdale-Noble July 23, 2013 Page 2 of 4 FINAL ENGINEERING PLANS General 1. The cover sheet shall be dated and signed and sealed by a professional engineer. 2. The street name north of the school access drive is identified on the engineering plans as Mustang Way but identified on the plat as Whitekirk Lane. The street name shall be changed to Whitekirk Lane to match the plat. 3. The I.D.O.T. Standard Detail referenced in Note 12 of the specifications. Curb Ramps shall be changed to 424001-07 and the reference to a "Type "A"" ramp removed from the note since the detail no longer references a ramp type. 4. We recommend utility key note call outs be removed from the overall site plan and added to a utility sheet(s) and the plan and profile sheets. 5. If proposed utilities are shown on the site plan, existing utilities shall also be shown on the site plan. In addition, distinct line types for existing, proposed and future utilities should be included on the plans. 6. The key note tag labels in the legend as shown on the Overall Site Plan shall be reviewed and corrected for the proper utility. 7. Separate erosion control, utility, grading, landscape and lighting plans shall be prepared in addition to plan and profile sheets for the roadway and sanitary sewer installation. Typical Street Cross Sections/Specifications 8. There are a number of inconsistencies between the plans, specifications and the cross sections. They should be revised accordingly. 9. Placement of drainage and utility easements adjacent to the ROW for each roadway section shall be reviewed and revised accordingly and identified properly on the engineering plans and final plat. 10. Utilities are shown in the typical sections that do not appear on the plan views. The typical sections or plans are to be revised accordingly. 11. A typical section for Whitekirk Lane shall be added to the plans. Water Main 12. We recommend a reconfiguration of the proposed water system to serve the school. The water service shall be looped around the building and connected to the main at two locations. One connection to the east at Whitekirk Land and the other to the west at Pestwick/Mustang Way. We do not agree with the water service being installed between homes off of Callander Trail as proposed. Attached is a sketch of the suggested routing. Ms. Krysti Barksdale-Noble July 23, 2013 Page 3 of 4 13. A separate domestic water service is to be provided to the school and a fire department (Siamese) connection shown at the building. In addition a fire hydrant is to be within a certain distance from the siamese connection as specified by the fire department. 14. All public water mains are to be located within public ROW or in easements. Sanitary Sewer 15. IEPA Division of Water Pollution Control permit applications shall be submitted for review and approval since the proposed sanitary sewer discharge is anticipated to be in excess of 1,500 GPD 16. Engineering plans must be submitted to the Yorkville-Bristol Sanitary District for review. Comments are to be forwarded to us upon receipt. 17. We question the need to extend the sanitary sewer service past the last connection with the building service. Is this necessary for future improvements or can this last segment be deleted. Drainage & Grading 18. The extent of the proposed grading shall be clarified. Currently proposed contours are running off of the sheet. All proposed grading shall be included on a plan sheet. Existing, proposed and or future contours/grades shall be distinguished from each other on the plans. 19. All accessible routes and accessible parking areas shall be check for conformance to ADA standards. 20. We will require an updated stormwater management report including pipe sizing calculations. Considerations must also be given during interim conditions to maintain positive drainage for all areas designated future development. 21. It is also our understanding that not all of the outlet storm sewer for Unit 1 has been constructed. The outlet storm sewer should be included with the school improvements. FINAL PLAT 22. On Lot 358, a number shall be added to the "See Note xx". 23. Easements will be required through the lot for the public water main and all storm sewer serving off-site areas. Alignments will be finalized as part of the final engineering submittal. 24. Ten foot Public Utility and Drainage Easements are to be provided adjacent to both sides of the road ROW for Whitekirk Lane and Mustang Way. 25. A provision for Pedestrian and Bike Trail Easement in included however, there are no easements shown on the plat. Either the provision is to be removed or easements are to be shown. A more complete review will be performed upon the submittal of all required documents. Ms. Krysti Barksdale-Noble July 23, 2013 Page 4 of 4 The developer should provide the requested information and make the necessary revisions and submit two (2) sets of plans for further review. If you have any questions regarding the above or if you require additional information, please feel free to contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. Bradle y P. Sanderson P.E. , Vice President PC: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Laura Schraw, Interim Director of Parks and Recreation Ms. Lisa Pickering, Deputy Clerk Mr. David Schultz, HR Green BJA, JAM, EEI G:1 PubliclYorkvillet2Q131Y01313-DR Prestwick-Unit 21Docslicoy Final Engineering Plans Review0l.doc Engineering Enterprises, Inc. August 14, 2013 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Final Plat Review Yorkville Christian School Subdivision United City of Yorkville, Kendall County, Illinois Dear Krysti: We are in receipt of the Final Plat of Subdivision revised August 6, 2013 by HR Green for the above referenced project. Our review of these plans is to generally determine their compliance with local ordinances and whether the improvements will conform to existing local systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review, we cannot and do not assume responsibility for design errors or omissions in the plans. As such, we offer the following comments: 1. Comments 22 through 25 on EEI's review letter dated July 23, 2013 have been satisfactorily addressed. 2. A full engineering submittal for the project is forthcoming from the Developer. The Final Plat is subject to change based upon final engineering review comments. If you have any questions regarding the above or if you require additional information, please feel free to contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. �J Bradley P. Sanderson, P.E. Vice President PC: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Laura Schraw, Interim Director of Parks and Recreation Ms. Lisa Pickering, Deputy Clerk Mr. David Schultz, HR Green BJA, JAM, EEI \\Milkyway\EEI_Storage\Dots\Public\Yorkville\2013\YO1313-DR Prestwick-Unit 2\Docs\lcoy Final Plat Review 02.doc Road,52 Wheeler Sugar Grove, 60554 • 1 466-6700 • 1 466-6701 fax — www.eeiw'• • dip Memorandum EST. ! 1836 To: City Council From: Laura Schraw, Director of Parks and Recreation CC: Krysti Barksdale-Noble, Community Development Director a]I ° Scott Sleezer, Superintendent of Parks °� Kendae t°unTy Lj<LE ��, Date: August 8, 2013 Subject: Yorkville Christian School Subdivision Background The original land-cash donation for the Prestwick of Yorkville development was $80,000, and in total the developer donated 6.67 acres and was to pay 6.2 acres in land-cash for a total of$496,000 to complete park improvements Staff met with the developer at Plan Council on Thursday,July 25`h, and the developer made the following requests: 1)The land-cash value be reduced to $25,000 2)The proposed bike path through the school site and the park site be counted towards the required land-cash donation 3)The grading and seeding of the park be counted towards the land-cash donation* *The developer was informed at the Plan Council meeting that the grading and seeding of the park site is required whether or not the site has already been deeded to the City and cannot be counted towards the land-cash donation. Due to the reduction to the number of homes in the development,the developer now owes a total of 10.05 acres with 3.38 land cash donation due. At the proposed developer's value of$25,000,this totals $84,500. The developer's proposal was taken to Park Board at their July 30tb, 2013 meeting. Land-Cash Donation The fee lock expired for this development so at this time their land cash value is $101,000/acre. At this time,the Park Board would agree to an$80,000/acre cash donation due to the fact that the park still has to be developed and the cost of playground equipment and labor has not gone down,but in fact gone up. This would provide $270,400 for park development of the 6.67 acre site. Trails According to the annexation agreement,the City agreed to own and maintain trails,however,no trails are located in the exhibit of the original annexation agreement indicating their proposed location,but a trail is now illustrated on an attached exhibit as part of the proposed amended agreement. The City also agreed that any contributions for land cash for parks not satisfied by land donations shall be made up with cash contributions for the difference in value or in kind improvements within the park and/or construction of bicycle paths. At this time,the Park Board is not interested in having a trail constructed across the property when sidewalks already exist along the two adjacent roads(Penman Rd. and Prestwick Ln.) and giving credit for such trail. Because the school is private, Park Board recommends that language be changed in the agreement to only accept responsibility to own and maintain trails that are on public property as the City should not maintain private improvements. Park Board would be agreeable to giving credit for a parking lot on the park site as long as the location and size were approved and the City can inspect construction and verify the cost with a copy of all receipts. Due to the two existing roads that are adjacent to the park not allowing on-road parking,the park will be unusable for some time until parking can be provided. Recommendation Final recommendation is to receive $80,000/acre cash for a total of$270,400,which can be reduced through the construction of an approved parking lot. If the City Council does not approve of$80,000/acre, an alternative is to not take a cash donation at this time and allow the Park Board to request additional land or cash value at the time of Unit 2 platting. SUMMARY APPRAISAL REPORT OF IMPROVED ACREAGE FOR DEVELOPMENT YORKVILLE, ILLINOIS 2 PREPARED FOR SPIRIT FARMS PREPARED BY KRUEGER APPRAISAL SERVICES, INC. SUE A. MILLER TED SCHNELLER KRUEGER APPRAISAL SERVICES, INC. 14 S. LINCOLNN%AY http://x w .kruegerine,com TELEPHONE • (630) 892-9700 NORTH AURORA, IL 60542 kruegetappraisal(kaol.com COMMERCIAL FAX a (866) 919-9793 August 20, 2013 File No. 9288-0813 Ms. Michelle Stewart Spirit Farms 3874 N. IL Route 71 Sheridan, IL 60551 RE: Appraisal of Property Improved Acreage for Development Yorkville, IL 60551 Dear Ms. Stewart: As requested, we have made an inspection of and performed an appraisal on the afore referenced property. The purpose and objective of the appraisal were to estimate the market value of the afore referenced property. Our definition of market value, which is set forth in the body of this report, is intended to comply with the market value as defined by the Comptroller of the Currency under 12CFR, Part 34, Subpart C. This is a summary appraisal report which is intended to comply with the reporting requirements set forth under Standards Rule 2-20) of the Uniform Standards of Professional Appraisal Practice for a summary use appraisal report. Also, the appraisal is intended to conform to the minimal appraisal standards under Title II of the Financial Institution 's Reform, Recovery and Enforcement Act (FIRREA), and the Interagency Appraisal and Evaluation Guidelines. As this is a summary appraisal report, it presents only limited discussions of the data, reasoning and analyses that were used in the appraisal process to develop the appraisers ' opinion of'value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraisers ' file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated below. The appraisers are not responsible for unauthorized use of this report. Ms. Michelle Stewart August 20, 2013 Page 2 File No, 9288-0813 Therefore, subject to assumption and limiting conditions which are outlined in the body of this report, our estimate of present fair market value of the fee simple interest for the subject property, as of August 19, 2013, would be: Estimated Value per Improved Acre: $25,000/Acre The client and intended user of this appraisal are cautioned that if the extraordinary assumptions stipulated in this report are not true, the value opinion and other conclusions expressed in this report could be different. Furthermore, the appraiser reserves the right to revise or amend the opinion of value and/or any aspect of this appraisal report, or rescind or invalidate this appraisal report in its totality should the extraordinary assumptions prove not to be true, or should key property information be supplied to the appraiser subsequent to the delivery of this appraisal report. Respectfully KRUEGER APPRAISAL SERVICES, INC. Sue A. Miller Ted Schneller, IFAS, President Staff Appraiser Review Appraiser State Certified Residential-Illinois State Certified-General-Illinois License No. 556.004685 License No. 553 .000510 Expiration: 09-30-13 Expiration: 09-30- 13 SAM/TS : scm TABLE OF CONTENTS PART 1 - INTRODUCTION SUMMARY OF SALIENT FACTS AND CONCLUSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART II - PROPERTY DATA PURPOSE OF THE APPRAISAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 FUNCTION OF THE REPORT AND INTENDED USER/CLIENT . . . . . . . . . . . . . . . . . . . . . . 6 HYPOTHETICAL CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 SCOPEOF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 DESCRIPTION OF REAL ESTATE APPRAISED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 PART III - VALUATION HIGHEST AND BEST USE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 LAND VALUATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 CERTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Appraisal oflmfiroved Acreage for Development, Yorkville, IL KRUEGER APPRAISAL SERVICES, INC. File ND 9288-0813 Page 4 PART I - INTRODUCTION SUMMARY OF SALIENT FACTS AND CONCLUSIONS Location: Improved Acreage for Development Yorkville, IL 60560 Property Rights Appraised: Fee Simple Interest Property Type: Vacant Land Zoning: Residential Land Area: 43,560± Sq. Ft., or 1 .0± Acres Highest and Best Use: As Zoned Effective Date of Value: August 19, 2013 Date of Inspection: August 19, 2013 Date of Report: August 20, 2013 Valuation: Sales Comparison Approach - Per Improved Acre: $25,000/Acre Estimated Value per Improved Acre: $25,000/Acre Appmlaal of Impmved Acreage for Development, Yorkville, IL KRUEGER APPRAISAL SERVICES, INC. File No 9288-0813 Page 5 PART II - PROPERTYDATA PURPOSE OF THE APPRAISAL The purpose of this appraisal is to provide the appraisers' best estimate of the present fair market value of the fee simple interest in the subject real property as of the effective date. Market value, as utilized in this report, is defined by the Department of the Treasury Office of the Comptroller of the Currency under Title XI of the Federal Financial Institution' s Reform, Recovery and Enforcement Act as of 1989 (FIRREA) final rule, effective August 24, 1990 as follows*: "The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: buyer and seller are typically motivated; both parties are well informed or well advised and acting in what they consider their own best interests; a reasonable time is allowed for exposure in the open market; payment is made in terms of cash in U. S . dollars or in terms of financial arrangements comparable thereto; and the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. " *Source: Uniform Standards of Professional Appraisal Practice (Appraisal Foundation, 2008-2009 Edition), Pg. A76 Appraisal of Improved Aarage for Development, Yorkrille, IL KRUEGER APPRAISAL. SERVICES, INC. File No. 9288-0813 Page 6 FUNCTION OF THE REPORT AND INTENDED USERICLIENT This appraisal is intended to assist the client and the intended user, Spirit Farm, in determining the cash value of improved residential acreage within the corporate limits of the City of Yorkville. This appraisal was ordered by Ms. Michelle Stewart. HYPOTHETICAL CONDITIONS According to the Uniform Standards of Professional Appraisal Practice (USPAP), a hypothetical condition is "a condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis. Hypothetical conditions are contrary to known facts about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis." In the case of this report, no hypothetical condition has been supposed. Appraisal oflmfirovedAcreage for Developmeni, Yorkville, IL KRUEGER APPRAISAL SERVICES, INC. File No. 9288-0813, Page 7 EXTRAORDINARY ASSUMPTIONS An extraordinary assumption is defined by USPAP as "an assumption, directly related to a specific assignment, as of the effective date of the assignment results, which, if found to be false, could alter the appraiser's opinions or conclusions. Extraordinary assumptions presume as fact otherwise uncertain information about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or the integrity of data used in an analysis." In the case of this report, the extraordinary assumptions relate to physical factors affecting the cash value of vacant land suitable for development in Yorkville. As will be discussed in the Scope of Work section of this report, our estimated value is that of land suitable for development located within the corporate limits of Yorkville. By suitable or development we mean land that is serviced by dedicated public right-of-ways that are fully improved. Further, we presume that all public and private utilities are available to the sites. In addition, we are presuming that there are no adverse soil or subsoil conditions, no adverse environmental conditions, and that the properties in the broadest context are not adversely affected by flooding issues as determined by applicable FEMA maps. The client and intended user of this appraisal are cautioned that if the extraordinary assumptions stipulated in this report are not true, the value opinion and other conclusions expressed in this report could be different. Furthermore, the appraiser reserves the right to revise or amend the opinion of value and/or any aspect of this appraisal report, or rescind or invalidate this appraisal report in its totality should the extraordinary assumptions prove not to be true, or should key property information be supplied to the appraiser subsequent to the delivery of this appraisal report. Appraisal oflmf>roved Acreage far Development, Yorkville, IL KRUEGER APPRAISAL SERVICES, INC. File No. ,PAM-0813 Page 8 INTEREST VALUED Fee Simple EFFECTIVE DATE OF THE APPRAISAL August 19, 2013 DATE OF REPORT August 20, 2013 ESTIMATED EXPOSURE TIME Nine to Twelve Months ESTIMATED MARKETING TIME Nine to Twelve Months COMPETENCY STATEMENT The appraisers have the appropriate knowledge and experience necessary to complete the assignment and is in compliance with the Competency Provision of the USPAP. The appraisers' experience includes various properties such as the subject within the subject's market area. Appraisal oflmpmed Amagefor Development' Yorkville, IL KRUEGER APPRAISAL SERVICES INC. File No 9288-0813 Page 9 FURNITURE, FIXTURES AND EQUIPMENT The estimate of value rendered by means of this report does not take into consideration any furniture, fixtures, equipment or any going concern or business value. ADDITIONAL APPRAISER'S CERTIFICATION Pursuant to the Conduct Section of the Ethics Rule of USPAP, "If known prior to accepting an assignment, and/or if discovered at any time during the assignment, an appraiser must disclose to the client, and in the subsequent report certification any serviced regarding the subject property performed by the appraiser within the three year period immediately preceding acceptance of the assignment, as the appraiser or in any other capacity." The appraiser has not provided any previous services regarding the subject property, including an appraisal, within the three years prior to this assignment. The appraiser is not aware of any other services, as an appraiser or in any other capacity, performed on the subject property by this appraiser or our office within the past three years. Appraisal of Impmed Acreage for Developmela, Yorkville, IL KRUEGER APPRAISAL SERVICES INC. File No 9288-0813 Page 10 SCOPE OF WORK The scope of the appraisal assignment defines the extent to which data is collected, confirmed and reported. In that regard, the scope of this appraisal has involved the following: A physical inspection of the subject property and surrounding environs. Collection of all necessary and pertinent factual data regarding the subject property, using public and private records. Review regional, community and neighborhood factors and trends. Development of a highest and best use of the property. Extensive research, through various sources, to collect pertinent market data for the sales comparison approach to value. Review and analysis of the market data in order to arrive at an opinion of value. Preparation of our findings into a summary narrative appraisal report, including appropriate exhibits. As was discussed briefly, the purpose of this appraisal was to determine the average value of land suitable for residential development located within Yorkville 's corporate limits. As discussed, we are presuming that in the broadest scope that our average values relate to land that is readily availablefor development andfully serviced by improved dedicatedpublic right-or-ways, unaffected by any adverse conditions be they soil or subsoil conditions or environmental.factors, arefee ofany adversephysical characteristics such as flood drainage or topographical characteristics that would present challenges or add additional cost to development. Appraisal of Imprroved Anxage for Development, Yorkville, IL KRUEGER APPRAISAL SERVICES, INC. File No 9288-0873 Page I t SCOPE OF WORK (Continued) In short, our appraisal relates to average land values for property to be contributed to the City of Yorkville for the development of parks, schools, recreational facilities, or other municipal or community-related uses. As is the typical scenario in most communities, when properties are developed on a large scale, contributions must be made to facilitate municipal services and improvements that need to be added. However, it is also common for developers to donate the cash equivalency on a per acre basis in order to meet the requirements set forth by the municipality. Therefore, this appraisal will present a broad range of sales including larger tracts as well as smaller tracts ofland, all of which can be developed. Again, the purpose is to determine an average value of land on a per acre basis within the corporate limits of the City of Yorkville that can be developed for residential purposes considering assumptions and limiting conditions which we have mentioned and will discuss further in this report . This summary report is a recapitulation of the appraisers' data, analyses, and conclusions. In the case of the subject property, giving consideration to the complexity of the assignment, the depth of the analysis contained in this report is considered to be a Level `B" report. A Level "A" would be the least in-depth but yet still sufficient to comply with applicable guidelines and regulations. Level "C" would be the most in-depth, obviously at the least meeting, if not exceeding, applicable guidelines and regulations. Appraisal ofliNpmved Aereage for Develop�tneut, Yorkville, IL KRUEGER APPRAISAL SERVICES INC. Pale No P288-0813 Page 12 Appraisal Assumptions The subject property is appraised for real estate value only; no going concern value or personal property is included in this analysis. Sales History of the Subject Property In the context of the purpose of this appraisal, sale history is not a pertinent factor as our estimate of value relates to the average value of unnamed and hypothetical sites located throughout the corporate limits of the City of Yorkville. Legal Description In the context of this report, a legal description is not applicable nor available. Appraisal of Improved Acreage for Development, Yorkville, IL KRUEGER APPRAISAL SERVICES, INC. File No 9288-0813 Page 13 AREA ANALYSIS The subject property is located in the City of Yorkville, IL, a farwestern suburb of Chicago. It draws much influence from the overall economic climate of the greater Chicago region. Chicago has the largest population in the Midwest, and is considered the hub of the fourteen county Chicago- Naperville-Joliet, IL-IN-WI CBSA (core based statistical area) which consists of. Cook, DeKalb, DuPage, Grandy, Kane, Kendall, Lake, McHenry and Will Counties in Illinois; Jasper, Lake, Newton and Porter Counties in Indiana; and Kenosha County in Wisconsin. On the pages that follow we will examine to some degree the socioeconomic, governmental and environmental forces that affect this region and the city as well as their impact on the subject property. With an estimated population of approximately 10,000,000, the Chicago-Naperville-Joliet, IL-IN-WI CBSA is the nations third largest metropolitan area following Los Angeles and New York. At almost 900,000, the CBSA' s nine Illinois counties comprise over 90% of the regions population. The Chicago area is a diverse economic base, which like many areas in the Midwest has successfully transformed over the last generation from a center of manufacturing to a corporate headquarter/financial center serving a broad spectrum of national, international, and geographic markets. Currently, the Illinois portion of Chicago CBSA has a 2011 residential employment base of 4.06 million with an approximate I 1 % unemployment rate which is somewhat above the national average of approximately 9%. The civil labor force data by place of residence shows that some 170,000 jobs were lost between 2000 and 2003, before employment started up within 2004. The economy entered a recession in December 2007 and unemployment subsequently declined by over 260,000 over the ensuing two full years falling back to its 2003 level. Employment by place of residence has fluctuated moderately up and down over the past few years. As of April 2012, unemployment rate (not seasonally adjusted) for metropolitan Chicago is 9% compared to 8.6% for Illinois as a whole and 7.7% for the nation. Appraisal of Improved Acreage for DevelopmenF, Yorkville, IL KRUEGER APPRAISAL SERVICES, INC. File No. 9288-0873 Page 14 AREA ANALYSIS (Continued) PROJECTED POPULATION TRENDS, 1990-2015 % Change County 1990 2000 2010 Est. 2015 Proj. 2000 to 2010 2010 to 2015 Cook 5,105,071 5,376,741 5,346,234 5,314,991 -0.6% -0.6% DeKalb 77,931 88,969 109,245 116,854 22.8% 7.0% DuPage 781 ,666 904,161 943,391 947,671 4.3% 0.5% Grundy 32,336 37,535 48,998 53,378 30.5% 8.9% Kane 317,474 404,119 526,746 568,090 30.3% 7.8% Kendall 49,413 54,544 114,126 150,741 109.2% 32.1 % Lake 516.424 644,356 728,224 751 ,442 13.0% 3.2% McHenry 183,241 260,077 329,755 348,829 26.8% 5.8% Will 357,313 502,266 712,697 770,_563 41 .9% 8.1 % Nine IL Co. Total 7,410,869 8,272,768 8,859,416 9,022,559 7. 1 % 1 .8% 14-Co. CBSA Total 8,182,084 9,098,316 9,739,919 9,920,929 7. 1 % 1.9% Source: Site To Do Business Online,com Appraisal oflmprovedAoeage for Development, Yorkville, IL KRUEGER APPRAISAL SERVICES INC. File No 9288-0813 Page 13 AREA ANALYSIS (Continued) HOUSEHOLD INCOME Number of Income $25K to $50K to Income: Median County Households 425K $50K $100K 4100K Income Cook 1 ,953,418 19.6% 21 .7% 33.0% 25.7% $61 ,671 DuPage 338,513 9.2% 17.0% 36.2% 37.6% $81 ,513 Kane 171 ,645 11 .8% 20.1 % 37.7% 30.4% $71 ,578 Kendall 36,116 9.7% 19.8% 46.0% 24.5% $69,581 Lake 253,502 10.3% 16.7% 32.9% 40. 1 % $83,869 McHenry 109,091 8.9% 16.8% 40.4% 33.9% $79,003 Will 233,187 9.4% 16.6% 38.4% 35.6% $80,420 Sources. Northern Illinois University Center for Governmental Studies PER CAPITA INCOME Per Capita Per Capita: Per Capita Index index Index County 1990 2000 2010 1990 2000:' 2010 Cook $22,206 $33,918 $50,456 112 112 118 DuPage $28,093 $46,235 $60, 120 146 157 147 Kane $21 ,244 $30,677 $37,671 111 108 95 Kendall $19,875 $31 ,158 $31 , 110 109 111 83 Lake $29,271 $46,203 $60, 111 155 160 150 McHenry $21 ,988 $33,365 $39,750 116 117 101 Will $19,010 $29,948 $36,558 100 104 91 Sources: Woods and Poole Demographics 2010, Wealth Index for US is 100 Appraisaloflnrprope,YAmagefor Dea,elopmeiel, Yo kWle, IL KRUEGER APPRAISAL SERVICES INC. Pile No 9288-0813 Page 16 AREA ANALYSIS (Continued) LABOR FORCE FACTS Cook DuPage : Kane Kendall (Lake McHenry Will Potential 10+ Yrs. 4,091 ,268 710,808 372,434 77,956 523,331 231 ,398 495,473 In Labor Force ' 2,726,502 524,503 271 ,418 59,234 385,071 176,647 363,827 In Civilian LF 2,725,097 524,357 271 ,341 59,234 373, 118 176,561 363,655 Males in Civilian LF 1 ,260,919 269,794 138,587 31 ,227 192,085 92,359 185,925 Females in Civilian LF 1 ,136, 153 225,360 112,559 1 25,083 155,505 73,914 152,478 Unemployed Males 196,244 17,751 12, 147 1 ,798 15,670 6,788 15,649 Unemployed Females 131 ,781 11 ,452 8,048 1 ,126 9,858 3,500 9,603 Total Unemployed of 2,397,072 495,154 251 ,146 56,310 347,590 166,273 338,403 Civilian LF Self-Employed 92,294 18,326 9,003 2,614 15,712 6,651 1 11 ,434 White Collar: 1 ,607,627 381 ,587 165,100 37,805 253,921 112,430 228,724 Males in Armed Forces 1 , 115 111 68 0 9,737 82 155 Females in Armed Forces 290 35 9 0 2,216 4 17 Males not in LF 554,821 65,665 38,619 6,539 48,497 18,076 49,267 Females not in LF 809,945 120,640 62,397 12,183 89,763 36,675 82,379 3Q2009 Avg.:Employ, Total 2,510,125 580,757 200,359 19,789 320,645 98,182 196,552 302009 Avg. Over 65 Yrs. 106,797 23,050 9,177 795 11 ,822 4,395 7,639 Total 2009 Over 65 626,037 105,078 44,994 7,394 71 ,117 33,510 60,392 Sources: Easy Analytic Data 2010; Local Employment Dynamics Data O6 M M N p O O M V M p O O O Q' C� N 01 (O N O p M f m: a N M (NJ N N N r r r 0 V N O IY a o ONirn o N m m N N N N fA EA � 09 fA fA d? O a - t0 M M M O 00 v m o o v m °o o CO A ro 020 r v N v d \ N O ` O OJ N t0 M C (O r r r (O N �- V a R O) OJ O N W a0 M N O : N �Il N N (D O d p M O } G V N p N p M O C W N OJ N V N al o o o �' 9 d _ ry 0 y E a m m �° y v o U N O m y tl % A U d o U L O m N N M N p Z O N a : t(l ONJ M m_ = r M � � N M � � �7 _ rd+ a 6 � � O N W a M O N U M co (O M N (O N O S ❑ � � r M In M Q O 1N N LY OI O " a N M O N r w a O R M v r o M d N v rn a a M M h r d 'd U W OO M N M M O ONI O z .- (y� G> > M N r r (O N 9 N U M O = O M O p (p a M b O N r LO CI O Cn O O O M M N N O Qn 15 N M O N M r m Cd N q O U •- Fy a ~ a O OMi In O I� M cM0 OD Q Q y7 W O O O. iG <C 0 ' U O 0 0 J N r VJ I° ` M m t0 (O p N rn �p to aT O Q V to (p N N c0 m m Nm N m ` O 1[J N rn O O y N co d' O tV <O m [O In n M < IO C' O N M ' N N N M r N of n y Q A V W � tp V p M m L J N N m n T N (O_ r < COJ �_ N (O �O N m N M V I° N r � F O W t7 O N N n M m K p' � m r r N N m n M ZM N V r r V W C6 N p r Lo W � N m O r N Cml �_ r N r (� C' O 0I M m rn � V � � � r V rn O lD M V a fy y^ N M C co fO N N M m (p r m N n O V] (6 Q N M a n m m Iq io n m rn m m m mv o N CO rn N h o m � rn N rn m N N M p m N d P T C M (O m O m V Y7 m N rn m rnV V O N N CNI N �O m N ry Y N d' V N N a N m O ti (emu O RC O r N N n Q W m m m O N I(J O O N �D rn l q O N tM] O N O W O r Oni n M. P mW y. V N aJ \r^L M y Y n r ni N r n c M m m o CD N M N N N M W m co m r a n N o rn o c M N r 6 C N r W �i O N O 6 V O n V h N U - 0 m O y V N V M N N N N O O fr ty vi W � � U C a 0 W w g LL o . 3 m m ° E a = O m O � '- LL O ' d L L O O IL IL N 1°- vJ Appraisal oflmprrrved Acreage far Development, Yorkville, ZL KRUEGER APPRAISAL SERVICES, INC. File No 9288-0813 Page 19 AREA ANALYSIS (Continued) Conclusions As mentioned, behind Los Angeles and New York, Chicago is the third largest city in the United States. It continues to be one of the leaders in industrial, commercial, transportation, technological, and financial centers. It is expected that once the economy begins to recover from the recent recession, Chicago will continue to grow in the sectors which we have outlined. In our opinion, Chicago will continue to be attractive for companies and individuals due in part to its excellent transportation network, proximity to suppliers and customers, and the availability ofboth skilled and semi-skilled labor, as well as an extensive infrastructure. At present, the employment and population trends for the Chicago metropolitan area more or less mirror that of the rest of the nation in its current economic slowdown. Appraisal oflmproved Acreage for Development, Yorkville, IL KRUEGER APPRAISAL SERVICES, INC. File No. 9288-0813, Page 20 REGIONAL MAP " Duhug`ue entan '' ne t1K IN' S 0^N; s. " a esh9w • , ADCk ✓eVe° t ' u\. u± enlerli ` ¢alena t elan .,p u °L IIi chi n 0; jla6a �umme{sb1- eskinh°' t ` +� k 04bles ~p Le to Lave3Park ' -}iawaYd` a7` o - e an at , 'Fr¢ep9 e�§ en Islan ea C ' I�iOCIff0 z�., "jp�s��as It :� M uokefa .� ' Gard "`'" `xp" �,,' Carp HIdkN' tlwtck 1, Foxae n metfe Monnlei 71a1e I tY W A , % � ' "=p',, w- s Bf da Dmvagiek ;- Cha ue 1Iledger�la rawn ° _ 1 � " YORI(VILIE I at o° 9Wt u Ll�ntop aon De Wi $ 3n ldomsop e a Chartan Park .� L � `k -rtpr6a P000klsy N Eldridge � � e - ice}� 't Ld11eRo9k ebuil t '� k , a .. �`--N• p sfdwnN PawP � xt7tr otle �� . J Dan en tl B , rF ie I"(alhuto- "Ohm aE'arWdle' Jai d it 471 ,� s Go)<hen ManIIL UIagey ntlotaha ne " I n 1 dlg6 ° ,a'f aNeis'8� . n , 'firemen I'. 17 pSCeBnd "Etta Rgmpld"s` prgpm iatu . IDndvHen�a ^ Pend j-rimy ttaWa dGeek% { eatE rjyonu 3o Greeu rNeW9oBion e , 'bl Lakewo Sh antdno ps ,�1CoUts ` "aCu1r t b W 4leueanee Bretlfor >-- 'tt3 '' +"t .� g YWaMe krdM " Pha -. -{ ,*s 7omc r MoM og. d' N t7 A A t .. « o - HeBry &treelar 'kI kak > -� H ' tone ,v omen . _Lein fin - imarscher� btlo + ` 'Ihfihamat rtl oeheslOn t� d TUJkN °� , %, 'SR M6 Meda3?rlle a qu aJesHurg , .xaG(ra Cornell Odel �ydk Kew"anna w .. �rVashGum x Chehans peavet t+taG nsaelaer Roannexit MonmoNh rµ'erelle ? s fla gartp ' , �Qullom -�- ,ldonon .. Lase -�- " ` Elmwood Po oahoke Pontiac. t 9roo asr Deav t . 4ts) his andorvMiks f f r6ur .124 Mon iclra, abe - e art® a ii&'i16 0 9Cm0e1 al ass6 6uanh"2M�i E ' *Rccervsd " 36artest n a aCrt end . ,' ,t'ogansPn W on'.n { 1111111 mlmmmffi� Appraisal oflmprovedAmagefor Developinent, Yorkkzlle, IL KRUEGER APPRAISAL SERVICES, INC. File No 9288-0819 Page 21 DESCRIPTION OF REAL ESTATE APPRAISED Overview The subject property is located in the City of Yorkville which is located in Kendall County, approximately forty miles from Chicago's central business district. The current population of Yorkville is 16,717± and, generally speaking, Yorkville is considered to be an established community with a good balance of residential and commercial. development. Also, as one of the intended users of this report is the United City of Yorkville, any further discussion with regard to the socioeconomic and demographic characteristics of Yorkville is not considered necessary. Location Description As discussed, our value relates to properties located within the corporate limits of the City of Yorkville. . Subject Neighborhood Again, as our vale relates to properties on average throughout the community ofYorkville, there are no neighborhood boundaries or neighborhood description that is applicable other than the overall characteristics of the City of Yorkville which is a balanced community consisting of neighborhoods ranging from modestly priced starter homes, newly constructed move-up homes, and larger established estate-type homes. In short, Yorkville contains a wide variety of housing stock which in essence mirrors the gamut of single-family residential properties available throughout the Chicago metropolitan area. Appraisal of Improver!Aarage,for Deuelopnrent, Yorkazlle, IL KRUEGER APPRAISAL SERVICES INC. File No 9288-0813 Page 22 DESCRIPTION OF REAL ESTATE APPRAISED (Continued) Site Description Location: Improved Acreage for Development, Yorkville, IL Size: Although the estimate of value rendered by means of this report relates to the average value of acreage throughout Yorkville, this value will be expressed in the context of value per acre. Shape: Varies. Zoning: For the purposes of this report, our estimated value considers properties that are zoned for single-family residential use. Again, as one of the intended user's of this report is the United City of Yorkville, a further description of zoning is considered unnecessary. Compliance: Not Applicable Utilities: As we have discussed, we make the extraordinary assumption that the average per acre land value expressed in this report relates to properties that have all municipal and public utilities immediately available requiring only extension through the sites themselves in order to facilitate ultimate improvement. Appvuual oflmpmped Acreage for Deuelopn>eirt, Yorkville, IL KRUEGER APPRAISAL SERVICES, INC. File No 9288-0813 Page 23 DESCRIPTION OF REAL ESTATE APPRAISED (Continued) Street Improvements: As stated, we are presuming that fully improved public right-of-ways are in place. Ingress and Egress: We are presuming adequate ingress and egress in the context of residential use. Topography and Drainage: Our estimated value assumes topography and drainage that is conducive to residential development. Soil and Subsoil Conditions: Our estimated value is based on adequate soil and subsoil conditions that will result in no unusual development costs. Surrounding Land Uses/Compatibility: Given the scope of this appraisal, as mentioned we have considered the City of Yorkville as a whole taking into consideration all of the varying characteristics with regard to land uses and property compatibility. Legal Restrictions: We are presuming the only legal restrictions which apply are those of normal zoning, building, and safety and health codes. Appraisal of Ibrproned Acreage for Deoelopnent, Yorkville, IL KRUEGER APPRAISAL SERVICES, INC. File No. 9288-0813, Page 24 DESCRIPTION OF REAL ESTATE APPRAISED (Continued) Assessed Value and Taxes: The City of Yorkville is located with Kendall County. It has been our experience that the assessing practices of Kendall County are generally considered to be comparable with most of the Chicago metropolitan area. Generally speaking, the level of assessment and resultant real estate taxes in Yorkville have not been a hindrance to its growth and development. I / / wta."` L` kl , all 'y Ny Y � L G Y Y S " , BnSkAt I kJ p WX L `��y'�yY . , * t �.�+11hNIDQi„ OSW4 0} x kk kII Ilk a . i k k, YY p° tt tx x `� Pl7kblT 7�.a Y,. � c n Y t ,. . , t is ..'.. F kk .: ., kx2+Pd <n t r Lz v. Yor lite. . LYYu 11 Ilk, s i "Ilk lk Ilk V111 �111111 I, k1klI M/Ylhtl{5Y i Y Y y4� ty I'll . Y Y . 11 Y 1 14fl �Lli $ � �1 tl t 1xLa n Y t11 Y1tY � ttitR hnktwRIu . :'..:., inn 6 dl ' 'Yg4ti ' ;' ? ,� 4 i a I ttY Y4 iti L Ike 1 1K S kk,ak Niiltal' lt `s L i YF L C Y L5 lkkkkk' ' ` L 1 YY . LY 1 ySM1tdkkC Nd L m e4 Y L .o: k i°i ti Y Y ,tWtt L 1YL Ilk L Y Ytgi La ` t S ,,`leaixnfmnd lk L u L } Litt dy ,t 1Y YH lk, Ilk Y tt l�s *z to ' y Lase 'xtt 3 1ti � 1 . . k .l l a end Ilk . , Appraisal ofbnpvoued Acreage for Development, Yorkville, IL KRUEGER APPRAISAL SERVICES, INC. File No 9288-0813 Page 26 ZONING MAP ----- - - + r T Y a x f F"/ r TL r � "I ''vNa"� 5 �'�'• r' r tpr3 � f eye r c City villa i JI United � a York _ _....( 2012 Zoning Map Appraisal of Improved Acreage for Development, Yorkville, IL KRUEGER APPRAISAL SERVICES, INC. File No 9288-0893 Page 27 PART III - VALUATION HIGHEST AND BEST USE In analyzing the highest and best use of a property, consideration must be given to four criteria. These criteria would be applicable to both an "as vacant" and an "as improved" analysis. The criteria of highest and best use are 1) physically possible, 2) legally permissible, 3) financially feasible, and 4) maximally productive. In the context of the purpose and function of this report, we are presuming that site sizes and physical characteristics are adequate to facilitate of variety of residential development. As mentioned, we are presuming all utilities are immediately available, soil and subsoil conditions are favorable, and therefore a wide variety of physical uses are possible. With regard to zoning, again, our estimated value is in the context of residential zoning and in particular the various single-family residential zoning districts provided under the City of Yorkville's zoning ordinance. With regard to financial feasibility, financing for residential development within the City of Yorkville is available for various sources although primarily conventional sources such as banks, savings and loans, credit unions, etc. Therefore, depending on the particulars residential development in the United City of Yorkville is generally financially feasible. With regard to maximum productivity, it is difficult to address this in any detail given the context and the purpose and function of this report. However, the value set forth by means of this report presumes that the type of development that would ultimately occur would be maximally productive depending on the particulars of the property. Appraisal of Improeyed Aoeage for Deuelopimnl, Yorkville, IL KRUEGER APPRAISAL SERVICES, INC. File ATo. 9288-0813, Page 28 MARKET CONDITIONS AND TRENDS In general, market conditions overall have shown some signs of stability and recovery. Certainly the stock market has seen substantial gains and over the past few months appears to be performing at a relatively stable basis. The real estate market also is showing signs of recovery and some stability though in the single-family sector there is still a fair amount ofbank-owned properties. Market wide, industrial and retail properties have shown some improvement and stability. Vacant land continues to struggle, particularly any land being purchased for speculative holding. One of the bright spots in the real estate market continues to be multi-family residential housing, particularly investment- grade properties. With regard to available financing for real estate, rates and terms remain attractive and in fact are still at or near all time lows. However, changes in regulatory issues have made obtaining financing more difficult than in the past. MARKETABILITY OF THE SUBJECT PROPERTY Prior to the economic downturn, Yorkville was one of if not the fasted growing community in Illinois and certainly one of the fastest growing communities in the Country. Generally speaking, residential properties in Yorkville are quite marketable inasmuch as, as mentioned, Yorkville offers a wide variety ofhousing stock. Also, Yorkville offers all of the municipal services generally desired by homeowners and also offers ample retail opportunities. As is the case with any property in the current economic climate, successful marketing is dependent upon aggressive and competitive pricing, professional and aggressive marketing and a somewhat protracted marketing period. Apyrazral of Improved Acreage far Development, Yorkville, IL KRUEGER APPRAISAL SERVICES, INC. File No 9288-0813 Page 29 LAND VALUATION The sales comparison approach is an appraisal technique by which market value is estimated directly by comparison of the subject property with current offerings and/or actual prices paid in recent market transactions for other similar and comparable properties. It is a process of analyzing and correlating similar properties recently sold and then adjusting them so they are related to the subject property. The reliability of this technique is dependent upon: The availability of sales data. The degree of comparability of each property with the subject property. Reliability of sales data. Appropriate adjustments for unusual conditions, if any, affecting price or terms of sale. The sales comparison approach is based upon the principal of substitution, which in this approach implies that a prudent person will not pay more to buy or rent a property than it costs to buy or rent a comparable substitute property. The basic steps involved in the application of this approach are as follows: Conduct research to obtain the most recent and comparable property sales and listings in the subject market area. Analyze the comparables and make appropriate adjustments between the subject and the sales for all significant differences in terms of sale, location, physical and functional features, financing terms and all other pertinent factors that have an effect on value Analyze and interpret the data on the basis of a common and relevant unit of comparison, such as price per acre, and estimate a final value conclusion The next pages contain descriptions of numerous sales that were selected for comparison with the subject property. The sales utilized are considered to be the best comparables available. Appraisal oflmproved Acreage for Development, Yorkville, IL KRUEGER APPRAISAL SERVICES, INC. File No. 9288-0873 Page 30 LAND SALES SUMMARY- IMPROVED BUILDABLE LOTS r Sale Date Sale Land Size Topo- � Sale Price No, Location (SF) Zoning graphy Utilities � Price/SF Comments 1 7620 Fairway Dr. 33,092 SF RPD-3 Level Well & O1113 REO sale. Golf community. Yorkville, IL County Septic $25,000 Inter. lot, backs to pond. $0.76/SF 2 5976 White Tail 33,062 SF RPD-3 Level Well & 01/13 RED sale. Golf community. Ridge Drive County Septic $25,500 Inter. lot, backs woods Yorkville, IL $0.77/SF 3 7173 Golf View Ct 40,331 SF RPD-3 Level Well & 01i13 REO sale. Golf community. Yorkville, IL County Septic $30,000 Inter. lot, backs woods. $0.74/SF 4 5470 Whitetail Pky 32,942 SF RPD-3 Level Well & 04/13 REO sale. Golf community. Yorkville, IL County Septic $30,000 Backs empty lot, sides AG $0.91,, SF land. 5 1956 Meadowlark 12,398 SF R-2 Level Municipal 01 /13 Short sale. Corner lot. Yorkville, IL Yorkville $12,500 $I .OI/SF 6 1977 Meadowlark 12,442 SF R-2 Level Municipal 01/13 Short sale. Comer lot. Yorkville, IL Yorkville $ 12,500 $1 .00/SF 7 956 Carly Circle & 11 ,990 SF R-2 Level Municipal 04/13 Two lots sold to same buyer. 824 Carly Court 12,339 SF Yorkville $42,500 Interior lots. Yorkville, IL $ 1 .75/SF 8 Lot 25, Audrey 35,965 SF R3-PUD Level Well & 01/13 Pool/clubhouse. Lot backs to Yorkville, IL County Septic $24,500 Minkler Road $0.68/SF 9 Lot 43, Danielle Ln. 44,929 SF R3-PUD Level Well & 05i12 Pool/clubhouse. Interior lot. Yorkville, IL County Septic $27,000 $0.60/SF 10 Lot 95, Cola Cc 53,873 SF R3-PUD Level Well & 0212 Pool/clubhouse. Interior lot. Yorkville, IL County Septic $27,500 $0.5LSF 11 1482 Cornerstone Dr 13,330 SF R-2 Level Municipal 0713 Interior lot. Backs to open Yorkville, IL Yorkville $26,000 area. $1 .95/SF Appraisal of Improved Acreage for Developmeni, Yorkville, IL KRUEGER APPRAISAL SERVICES, INC. File No 9288-0813 Page 31 LAND SALES MAP - IMPROVED LOTS 6" , L, rl Blackberry woods x Sleezer h Memorial Parka +t Improved Lots Sale No 7 Yorkville,) 1 L L I N : 0 1 S ' a17 k E P A L Rose Hill x Improved Lot white Tail Ridge x Briarwood x " " Sale No 8-10 Improved Lots Improved Lot [ °� Sale Nos 1-4 Sale No 11 ,Warn§ For�st3�resetve ""� r � Country Hills x ¢ ' Improved Lots --- t Sale Nos 5-6 mom i Appraisal of Improved Amagefor Development, Yorkville, IL KRUEGER APPRAISAL SERVICES, INC. File No. 9288-0893 Page 32 LAND VALUATION (Continued) Land Sales Analysis Sale Nos. 1 through 4 are located in the White Tail Ridge subdivision that appears to be approximately 15% developed. It has a total of 242 lots of which 34 are currently listed for sale in the NILS with asking prices between $35,000 to $ 199,900 with an average of 659 days on the market. This is a golf course community that was set to be a premier Yorkville development at its inception however, it collapsed with the housing market burst around 2008 - 2009. Sale Nos. 5 through 7 are located in the Country Hills subdivision that appears to be approximately 80% developed. There are no current listings. Sale Nos. 8 through 10 are located in the Rose Hill subdivision that appears to be approximately 85% developed. There are 4 lots currently listed for sale in the MLS with asking prices between $29,900 to $95,000 with an average of 777 days on the market. This subdivision has a community pool and clubhouse. Sale I I is located in what was originally known as the Briarwood subdivision however, it is now referred to as Cornerstone subdivision. Original development began in 2005 with approximately 14 homes built and sold prior to the collapse of the housing market. Most of the remaining undeveloped lots were foreclosed then sold to a single builder in 2011 and 2012. There are no current listings. The primary purpose in including individual lot sales in this analysis was to give the reader a broader spectrum of property values. Certainly, based on the economies of scale alone, the value of acreage on a per unit basis is going to be significantly lower than the per unit value of finished residential home sites. However, again, the sales presented in this regard are primarily for the purpose of giving the reader some perspective with regard to land values in Yorkville. Appraisal of1mprovedAereagefor Development, Yorkville, IL KRUEGER APPRAISAL SERVICES, INC. File No. 9288-0813, Page 33 IMPROVED ACREAGE LAND SALES SUMMARY . Sale Date Sale Land '. Topo- Sale Price No. Location Size Zoning graphy Utilities . Price/SF Comments (Acres) 1 SWQ Galena Rd. & 186 Ac R Generally All 0613 REO sale. Entitle Cannonball Rd. Level Available $1,050,000 property. Yorkville, IL $5,627/Ac 2 Route 34 west of 110 Ac R-2 Level All 04A3 REO sale. Entitled Orchard Road R-4 Available $1 ,750,000 property. Oswego, IL B-2 $15,909/Ac 3 NEC Findley & 80 Ac R-113 Level All 04112 RED sale. Entitled Arbeiter Roads Available $1,100,000 property. Plainfield, IL $13,750/Ac 4 Swanson St. & 60 Ac R Level All � 02/11 REO sale. Entitled Woodwind Dr. Available � $1 ,140,000 property. Piano, IL � $19,000/Ac Appraisal of Imprvved Anzage far Developvaeiat, Yorkville, IL KRUEGER APPRAISAL SERVICES, INC. Pale No 9288-0813 Page 34 IMPROVED ACREAGE LAND SALES MAP r ar'v ss 1 , I �� 6s x C Hinukle ti r ..i� r �Ot i '�, Big Reck umre SCmeier L L- ' apt le ks � b nd T .xWe le `l iH d Land 1 a t r 33' Q pett° '. � TT D B 6 sA L_E g] ' ss s . ' Sy i !j -'e. ` ' ,l`'. a3 0r J�� t�k1 1i �y.� of Zino E I ,yws 1;,,?o r sruegni "i°— W'i '"�'-- � i Lem m JBnu r $aIe N0, 2 7 fh r P / - Sale b 4: Entitled Land I ovule p Snmuk Entitled Lands 46a �a" 35 S "'T ^.Mtllhroo6 " E �D A t='" 125 s". ma,,va) 4 sail SaleNn 3 ��on " ' r � EndtledLand I Norlhmllelillingt l 1�--- ,�fialcl6 e— � „36i i ..E �.�-A4 s „ Sttf,LB s< l t Far 2ji JF �, es1 , �,aFa�rmo'M I Sperioran xi --'_'' 4'1---- � ' fiaa I rt-'t ,^' ": M -�—� t { •,: 0 1 h(®eM P11986-.008 h0am Car Mdoni6rdj"NS reserved � � I � �" u� Q „ 67 �W EnOX, Appraisal oflmproved Acreage for Developnreng Yorkville, IL KRUEGER APPRAISAL SERVICES, INC. File No. 9288-0813 Page 35 LAND VALUATION (Continued) Land Sales Analysis Sale No. 1 is located just east of the Raging Waves Water Park. According to information supplied to us, this was a fully entitled parcel with all utilities available and readily accessible by improved thoroughfares. Exact details regarding this property's entitlement were not available at the writing of this report due in part to the recency of the sale. Sale No. 2 is located along the north side of Route 34 west of Orchard Road in the community of Oswego and bordered by the City of Yorkville on the west. This is a 110± acre parcel that sold in April of 2013 for $ 15,909/acre. This was an REO sale. The property had been annexed into Oswego and re-zoned prior to its being foreclosed in 2011 . Zoning includes both R-2 and R-4 residential with a small portion zoned B-2. Sale No. 3 is located in the far eastern portion of Kendall County with a Village of Plainfield address and annexed into the City of Joliet. This 80t acre parcel was also an REO sale. The property was zoned R- 1B in the City of Joliet prior to foreclosure. Sale No. 4 is located on the east side of Little Rock Road behind what is currently known as the Woodwind subdivision in the City of Plano. This 60f acre parcel was also an REO sale. The property was annexed, re-zoned for residential use and had a preliminary plat approval for 120 SFR lots prior to foreclosure. Appraisal ofimpmPedAazagefarDevelopment, Yorkville, IL KRUEGER APPRAISAL SERVICES, INC. File No. 9288-0813 Page 36 SUMMARY OF ANALYSIS AND CONCLUSIONS As the reader will note, we presented eleven sales of improved residential home sites located throughout Yorkville. Further, we presented three sales of vacant residential acreage which was entitled, suitable for development with all utilities immediately available. The purpose was to provide the reader a cross section of sales activity regarding land throughout Yorkville and in the case ofthe acreage in neighboring communities. As the reader will note, with regard to acreage sales we have included no sales from the United City of Yorkville. Simple put, we are unaware of any sales that have occurred in Yorkville recently that meet the criteria that serves the purpose and function of this report. As the reader will note, improved single-family home sites that were included in this report ranged in selling price from $0.51 /sq. ft. to $ 1 .95/sq. ft. Based on our experience in this area, we note that in general the price of single-family residential lots has rebounded to some degree from the lows that were experienced some 18 to 24 months ago. Yorkville like many communities was hard hit by the economic downturn, particularly in terms of the value of real estate. Because of record growth which Yorkville was experiencing, the result was a glut of home sites. Again, simply put, given the economic law of supply and demand, residential homes sites were at one point in the fairly recent past severely depressed and it has only been recently that we have sevensome recovery as is reflected in the sale prices of the property which we presented. Appiatral offs pi©ued Acreage for Deuelopmea. Yorkville, IL KRUEGER APPRAISAL SERVICES, INC. File No 9288-0813 Page 37 SUMMARY OF ANALYSIS AND CONCLUSIONS (Continued) With regard to acreage sale, as the reader will note the sales which we considered ranged in selling price from $ 13,750/acre to $19,000,000. At the height of the real estate boom, the value of raw acreage alone approached $60,000/acre to $70,000/acre. However, until recently land that was formerly purchased for speculative future development saw prices drop dramatically and basically bottomed out at a point where their value was equivalent to land suitable for agricultural purposes alone. Even in today's market there are many large tracts of land that were formally considered prime for future development that will likely not be developed at any time in the near future, and in general most of the raw acreage in and around Yorkville is be traded for agricultural purposes at prices ranging from $5,600/acre to $ 14,000/acre depending upon the particulars such as tillable acres, soil productivity indexes and other factors which affect agricultural land value. The value sought by means of the report, as discussed, is the value of land for purposes of meeting the development requirements for the City of Yorkville in terms of contributing either land or its cash equivalency. Therefore, the size of the land or cash equivalency to be conveyed varies significantly. However, generally speaking land contributions in this context are in the range of five acres to one hundred acres though more specially generally in the size range of five acres to twenty acres. As we have mentioned, we have made a myriad of assumptions with regard to the physical characteristics, but in short our value presumes that the land is suitable for development with regard to any and all physical characteristics that would apply and also presumes adequate utilities and street improvements. In conclusion, considering the foregoing, we are of the opinion that the average value of one acre of land in the context which we have stated is more or less $25,000/acre. Estimated Value per Improved Acre: $25,000/Acre ADDENDA CERTIFICATION The undersigned hereby certifies that we have personally inspected the subject property and that: No otherthan the undersigned parties prepared the analyses, opinions, orconclusions concerning real estate that are set forth in this appraisal report. To the best of our knowledge and belief, the statements of fact contained in this report and upon which the opinions herein are based are true and correct, subject to the Contingent and Limiting Conditions outlined in the report. The analyses, opinions, and conclusions contained herein are our personal, unbiased professional analyses, opinion and conclusions. Employment in and compensations for making this appraisal are in no way contingent upon the value reported, nor upon any action or event resulting from the analyses, opinions, or conclusions contained herein. We certify that we have no interest, either present or contemplated, in the subject property, nor do we have any personal interest or bias with respect to the subject matter of the appraisal report or the parties involved. This appraisal report identifies all of the contingent and limiting conditions (imposed by the terms of our assignment or by the undersigned) affecting the analyses, opinions and conclusions contained in this report. The analyses, opinions, and conclusions contained in this report have been developed in accordance with USPAP, adopted by the Appraisal Standards Board of the Appraisal Foundation. Additionally, this report is developed in accordance with the Code of Professional Ethics of NAIFA. Neither our engagement to make this appraisal (nor any future appraisals for this client), nor any compensations therefore are contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. This appraisal report discloses all steps taken that were necessary or appropriate to comply with the Competency Provision of USPAP. CERTIFICATION (Continued) Our compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event or the approval of a loan. The appraiser has not provided any previous services regarding the subject property, including an appraisal, within the three years prior to this assignment. Sue A. Miller has made a personal inspection of the property that is the subject of this report, and prepared the appraisal report. Ted Schneller reviewed and approved the appraisal report, but did not inspect the subject property. In our opinion, the subject property' s present fair market value of the fee simple interest, subject to the special, contingent and limiting conditions contained herein, in terms arithmetically equivalent to cash, and representative of market conditions, and if placed on the market for a period of nine to twelve months, as of August 19, 2013 , would be: Estimated Value per Improved Acre: $25,000/Acre KRUEGER APPRAISAL SERVICES, INC. Sue A. Miller Ted Schneller, IFAS, President Staff Appraiser Review Appraiser State Certified Residential-Illinois State Certified-General-Illinois License No, 556.004685 License No. 553 .000510 Expiration: 09-30- 13 Expiration: 09-30- 13 SAM/TS:scm ASSUMPTIONS AND LIMITING CONDITIONS We assume no responsibility for matters legal in nature, nor do we render any opinion as to the title, which is assumed to be good. All existing liens and encumbrances have been disregarded and the property is appraised as though free and clear under responsible ownership and competent management. Property dimensions as furnished, by survey or otherwise, are assumed to be correct; if not, we reserve the right to review and revise this appraisal. We are not required to give testimony or attendance in court by reason of this appraisal, with reference to the property in question, unless arrangements have been previously made therefore. We have no present or contemplated interest in the property appraised. The distribution of the total valuation in this report between land and improvement applies only under the existing program of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal and are invalid if so used. The appraisal is not to be used in or for fire insurance purposes. We assume that there are no hidden or unapparent conditions of the property, subsoil or structures which would render it more or less valuable. We assume no responsibility for such conditions or for engineering which might be required to discover such factors. Information, estimates, and opinions furnished to us and contained in this report were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for accuracy can be assumed by us. The value given in this report involves only the real estate as cited, within the property dimensions as shown. No valuation is given to personal property, chattels or special equipment, unless so stated in this report. The property is appraised as though under responsible ownership and competent management. Neither all nor part of the contents of this report will be conveyed to the public through advertising, public relations, new sales or other media, without the written consent and approval of the author, particularly as to valuation conclusions, the identity of the appraiser or firm which he is connected. It is assumed that all required licenses, consent, or other legislative or administrative authorities from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted within the report. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a nonconformity has been stated, defined and considered in the appraisal report. Our estimate of value is time sensitive. Since factors affecting value can change rapidly, the value estimate rendered by means of this report is as of the effective date stated. ADDITIONAL REPORT CONDITIONS APPRAISERS LIABILITY LIMITATIONS AND CLIENT AGREEMENTS The acceptance of this report and its use by the client in any manner constitutes acknowledgment that this report is a satisfactory professional product, and that the client has personally read the report, and specifically agrees that the data contained herein is accurate to the best of the appraisers' ability. This report remains the property of Krueger Appraisal Services, Inc. and/or the signer, and is not to be transmitted to a third party without the permission of Krueger Appraisal Services, Inc. and/or the signer's written permission. This excepts third party mortgagees. Krueger Appraisal Services, Inc., its associates, consultants, orthe appraisers personal responsibility does not extend to a third party under any circumstances. As part of the appraiser-client agreement, the client agrees to notify the appraiser of any error, omission, or invalid data contained herein within 30 days of receipt of the report, and return the report along with all copies to the appraiser for correction prior to any use. Under no circumstances will the appraisers liabilities exceed the fee actually collected for this report, and then only in case of gross error, which would have significantly affected the appraisers' value opinion as of the date of valuation. Therefore, by accepting this report, you acknowledge that a value opinion is the product of a professional. It is an opinion only, and not a provable fact. As such, a personal opinion, valuation may vary significantly between appraisers based on the same facts, depending on the interpretation of the appraisers. Therefore, Krueger Appraisal Services, Inc., and the appraiser, warrant only that the value conclusion is the best opinion of value estimates based on the market data and market conditions present in the body of this report as of the exact date of valuation. REAL ESTATE QUALIFICATIONS OF TED L. SCHNELLER, IFAS PROFESSIONAL PROFILE Over 35 years of extensive experience in appraising all types of properties throughout the Chicago eight county area, as well as a number of other states. Certified General Appraiser through the State of Illinois under license number 553 .000510 BUSINESS EXPERIENCE Manager; Appraisal Division, Continental Real Estate 1975-1979 Vice President; Brueckner-Neuses, Inc. 1979- 1981 President; T.L. Schneller & Associates 1981-1987 Former Instructor; Cost Analysis, College of DuPage 1980 Chief Staff, Review Appraiser; ICR Appraisal Services 1987- 1992 General Manager; Senior Staff Appraiser; Krueger Appraisal Services 1992- 1995 President; Senior Staff Appraiser; Krueger Appraisal Services 1995 to Present PROFESSIONAL MEMBERSHIP AND AFFILIATIONS Senior Member of the National Association of Independent Fee Appraisers Certified Appraiser - Senior Approved Fee Appraiser; State of Illinois, Dept. of Transportation, Bureau of Land Acquisition Former Member of the DuPage County Board of Review Former Member of Building Owners & Managers Association International Approved Fee Appraiser; County of DuPage, Division of Transportation Illinois Coalition of Appraisal Professionals Member of Better Business Bureau EDUCATION Willowbrook High School College of DuPage: Real Estate DuPage Board of Realtors: Real Estate Transactions Continuing Education/Appraisal Courses : Specific and continuing education with regard to the appraisal profession has included all courses necessary to obtain the State of Illinois General Certification. This involved hundreds of hours of classes conducted by; the Appraisal Institute, the National Association of Independent Fee Appraisers, Real Estate Education Corporation, the Illinois Coalition of Appraisal Professionals, Central YMCA College, McKissock Data Systems, The Appraisal Academy, as well as the Illinois Association of Mortgage Professionals. CLIENTS SERVED GOVERNMENT County of DuPage Department of Environmental Concerns DuPage County Division of Transportation, State of Illinois, Bureau of Land Acquisition Federal Savings and Loan Insurance Corporation Illinois Tollway Authority Internal Revenue Service Kane County Division of Transportation Kendall County Forest Preserve District Various Park Districts and Municipalities BANK SAVINGS & LOANS AND MORTGAGE COMPANIES American Bank & Trust Glen Ellyn Bank American Chartered Harris Bank American Community Hinsdale Bank & Trust American Enterprise Illinois National Bank American Heartland Itasca Bank & Trust Bank of Commerce Lake Forest Bank Bank of Elgin Lemont National Bank Bridgeview Bank Lincoln Home Mortgage Castle Bank MidAmerica Bank Centrue Bank Midwest Bank Citizen' s First National Bank National Bank & Trust Community Bank of Wheaton/Glen Ellyn Parkway Bank Diamond Bank St. Charles Bank & Trust Downers Grove National State Bank of IL Fifth Third Bank Suburban Bank First Chicago Bank & Trust THE National Bank First Choice Bank TCF Bank First DuPage Bank West Suburban Bank First Federal Savings & Trust West Town Savings First Midwest Bank Wheaton Bank Golden Eagle Community Bank CORPORATIONS AND INSTITUTIONS Appraisal Management Co. Miller Brewing Centerville Properties Owens Illinois CLT Appraisal Services, Inc. Prudential Relocation Commonwealth Relocation Relocation Realty GMAC United Capital Corporation Inland Real Estate Corporation Wheaton College Kraftco Corporation Wisconsin Central Railroad Merrill Lynch Relocation APPRAISER'S RESUME Real Estate Qualifications of SUE A. MILLER License No. 556.004685 - Expiration: 09-30- 13 BUSINESS EXPERIENCE Krueger Appraisal Services, Inc. 2005 to Present Mahon Real Estate Consultants 2004 to Present Cullerton Appraisals 2008 through 2009 APPRAISAL RELATED EDUCATION Uniform Standards of Professional Appraisal Practice (USPAP) Basic Real Estate Appraisal Principles Appraisal Procedures Appraisal Approaches — Appraisal Statistics, Valuation Cores, Finance, USPAP Update & Report Writing General Income Approach, Part A 2009 Illinois Appraisers Update Valuing Real Estate In A Changing Market REO/Repo Valuations APPRAISAL EXPERIENCE Single Family Residences Condominiums Multi-Family Vacant Land Industrial Buildings Commercial Buildings Apartment Buildings Subdivision Analysis ASSIGNMENT LOCATIONS Kendall County Rock Island County Will County Livingston County DuPage County Whiteside County Kane County Grundy County DeKalb County Lee County LaSalle County Bureau County Cook County Lake County Ogle County Kankakee County Winnebago County Putman County Ordinance No. 2013- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,APPROVING THE FIRST AMENDMENT TO THE ANNEXATION AGREEMENT OF YORKVILLE FARMS DEVELOPMENT—PRESTWICK OF YORKVILLE SUBDIVISION (Yorkville Christian School) WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City and John and Michelle Stewart (the "Owner"), as successors to the original owners, desire to amend the Annexation Agreement, to provide for the resubdivision of Lot 358 for a private high school, amend the required donations and contributions and seek exceptions to the Zoning Ordinance; and, WHEREAS, a public hearing was conducted by the Mayor and City Council (the "Corporate Authorities") on the amended annexation agreement on August 27, 2013, and all notices required by law have been given by the City and Owner; and, WHEREAS,the statutory procedures provided in Section 11-15.1-1 of the Illinois Municipal Code for the execution of the amended annexation agreement have been fully complied with; and, WHEREAS,the Corporate Authorities have concluded that the approval and execution of the proposed First Amendment to the Annexation Agreement is in the best interests of the health, safety, and welfare of the City. WHEREAS, the City and Owner desire to proceed in accordance with the terms and conditions as set forth in the First Amendment to the Annexation Agreement. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: The above recitals are incorporated and made a part of this Ordinance. Section 2: The First Amendment to the Annexation Agreement of Yorkville Farms Development and the City of Yorkville (Prestwick of Yorkville Subdivision) attached hereto and made a part hereof by reference as Exhibit A is hereby approved; and the Mayor and City Clerk are hereby authorized and directed to execute and deliver same. Section 3: This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Ordinance No.2013- Page 1 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , 2013. CITY CLERK ROSE ANN SPEARS DIANE TEELING KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO JOEL FRIEDERS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2013. MAYOR Ordinance No.2013- Page 2 Ordinance No. 2013- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE YORKVILLE CHRISTIAN SCHOOL SUBDIVISION FINAL PLAT OF SUBDIVISION WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, John and Michelle Stewart (the "Petitioner") have filed an application and petition for approval of the Yorkville Christian School Subdivision Final Plat of Subdivision for the subdivision of Lot 358 in Prestwick of Yorkville, Unit 1, an approximately 32 acre property for a private high school; and, WHEREAS, the Plan Commission convened and held a public hearing on the 25th day of July, 2013, to consider the Yorkville Christian School Subdivision Final Plat of Subdivision after publication of notice and notice to property owners within five hundred (500) feet of the Subject Property; and, WHEREAS,the Plan Commission reviewed the standards set forth in Chapter 3 and 4 of Title 11 of the Yorkville Subdivision Control Ordinance and made a recommendation to the Mayor and City Council ("the Corporate Authorities") for approval of the subdivision and the Yorkville Christian School Subdivision Final Plat of Subdivision. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: The above recitals are incorporated herein and made a part of this Ordinance. Section 2: That the Corporate Authorities hereby approve the Yorkville Christian School Subdivision Final Plat of Subdivision, prepared by HR Green dated August 6, 2013, attached hereto and made a part hereof as Exhibit A; with such amendments as are required pursuant to the City Engineer's letter dated July 23, 2013 attached hereto and made a part hereof as Exhibit B; and authorize the Mayor, City Clerk, City Administrator and City Engineer to execute said Plat. Section 3: The City Clerk is hereby authorized pursuant to Section 11-2-3.1-1 of the Yorkville Subdivision Control Ordinance to file a copy of this ordinance and Yorkville Christian School Subdivision Final Plat of Subdivision with the Kendall County Recorder of Deeds within 30 days from the date of the approval of this Ordinance. Section 4: This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Ordinance No.2013- Page 1 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2013. CITY CLERK ROSE ANN SPEARS DIANE TEELING KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO JOEL FRIEDERS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2013. MAYOR Ordinance No.2013- Page 2 Reviewed By: Agenda Item Number 0 •t► Legal ■ Public Hearing#3 Finance ■ EST. -� __ti 1838 Engineer ❑ -- City Administrator ■ Tracking Number Human Resources ❑ Community Development ❑ � Police ALE � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Countryside TIF Bond Refinancing Meeting and Date: City Council —August 27, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: CC 7/23/13 Action Taken: Approval of Ordinance No. 2013-47 Item Number: Type of Vote Required: Council Action Requested: Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: August 22, 2013 Subject: Countryside Refinancing Bond LJILL E�% Summary A review of the Countryside Refinancing Bond schedule. Background This item was last discussed by the City Council at the July 23rd City Council meeting. At that meeting, the City Council approved the initial bond ordinance and reviewed a tentative schedule. Since that meeting, the schedule has changed. The City Council public hearing tonight has not changed in date or in purpose. However, we now expect the bond sale to be approved at the October 22nd City Council meeting and closed after the first of the year, rather than a closing in September. So, there will be no further City Council action required after this public hearing until October 22nd Recommendation No action is needed by the City Council, other than to conduct the public hearing. ♦�� CIP Memorandum 4, To: City Council Esr. _ law From: Bart Olson, City Administrator CC: ;16 p Date: July 18, 2013 Subject: Countryside TIF bond refinancing Summary Approval of an ordinance starting the Countryside TIF bond refinancing. Background This item was last discussed at the June Administration Committee meeting. At that meeting, the Committee unanimously recommended to proceed forward with the Countryside TIF refinancing. A debt service schedule and financial analysis is attached for your use. In short, we are refinancing to lessen the debt service payments for the next 5 years, which will be made by the City with very minimal property tax revenue being generated within the TIF. In exchange for that temporary reduction, we are incurring additional interest and four years of additional payments between 2023 and 2027. If refinanced, the bond term would match the term of the TIF. The first step in the bond refinancing process is the approval of the bond authorizing ordinance, which is attached to this memo. The original bond was an alternate-revenue bond, which means the TIF revenues were pledged as the primary source of revenue to pay the bonds,but the backup revenue source was general obligation property taxes for the entire City. The proposed bond refinancing is structured the same way. A change to any other form of a bond that is not backed by general obligation property taxes would not likely receive a reasonable interest rate, assuming that we could find a buyer that would agree to no general obligation backing. Because the refinancing is an alternate revenue bond, a backdoor referendum could be filed by 811 electors in the City within 30 days of passage of the bond ordinance. Upon approval of this bond ordinance, the City would conduct a public hearing at the August 27th City Council meeting and adopt the final bond ordinance at the September 10th meeting and would anticipate a mid-to-late September bond sale and closing. Recommendation Staff recommends approval of the attached Countryside TIF bond refinancing ordinance. f UNITED CITY OF YORKVILLE ]KENDALL COUNTY, ILLINOIS I ORDINANCE NO . 2013 -47 � i AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS (ALTERNATE REVENUE SOURCE) OF THE UNITED CITY OF YORKVILLE � KENDALL COUNTY ILLINOIS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $20000000 E f ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS THIS 23RD DAY OF JULY, 2013 i Published in pamphlet form by authority of the City Council of the United City of Yorkville, Kendall County, Illinois , this 23rd day of July, 2013 i i i 'i i i i MINUTES of a regular public meeting of the City Council of the United City of Yorkville, Kendall County, Illinois , held at the 800 Game Farm Road, YO rkville, Illinois, at 7 : 00 P. M . , on the 23rd day of July, 2013 . The Mayor called the meeting to order , and led the pledge of allegiance to the flag. The Mayor then directed the Clerk to call the roll . i Upon the roll being called by the Clerk, the following Aldermen answered present :: Co �. osI -r . Mi LSCftEws k k . -IR r= FR L Eb E ..% . i The following Aldermen were absent : LA tit Ir4 U t I !Lk Fi� i After a discussion of the opportunity to refund a portion of the Ci' ty ' s outstanding debt, I Mayor Goli' nski' entertained a motion to approve the adoption of an ordinance authorizing the issuance of general obligation alternate revenue source bonds and directing the publication of a notice setting forth the determination of the Council to issue such bonds for - the purposes of refunding the City ' s General Obligation Bonds (Alternate Revenue Source) , Series 2005 , paying the costs of capi' tali' zed interest on the refunding bonds , and paying for the costs of expenses i incident to the refandi* ng. So moved by Alderman M� LSCiiEWS1G � ; seconded by Alderman �R ►��j�,�; motion approved by a roll call vote : Ayes Nays . approving the Ordinance the complete text of which is set out as follows : i i i j ORDINANCE NO : 201 3 - 47 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBL3GATION REFUNDING BONDS (ALTERNATE REVENUE SOURCE) OF THE UNITED CITY OF YORKVILLE , KENDALL COUNTY, ILLINOIS , IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED I $ 2 , 000, 000 . i WHEREAS , the United City of Yorkville , Kendall County, Illinois (the " City is a duly organized and existing municipality operating under the provisions of the Illinois Municipal Code, as amended , and under the laws of the State of Illinois ; and t WHEREAS , the City has outstanding its General Obligation Bonds (Alternate Revenue Source) , Series 2005 (the " 2005 Bonds") which were issued to pay project costs incurred with i the redevelopment of the US Route 34 & IL Route 47 (Countryside Shopping Center) Tax Increment Financing Redevelopment Project Area (the "TIF Area") , to fund capitalized interest and to pay costs of issuance; and i WHEREAS , the City Council of the City (the " Council ") has determined that it is advisable, necessary and in the best interests of the City (i ) to refund all or a portion of the 2005 i B onds (the "Refunding ") ; (lip ) to pay capitalized interest on the Bonds (as hereinafter defined) , and (iii ) to pay costs of issuance and expenses incident thereto , all for the benefit of the inhabitants of the City; and ' WHEREAS P ursuant to the provisions of the Illinois Municipal Code, 65 ILCS 5 /8 -4- 1 and the Local Government Debt Reform Act, 30 ILCS 350/ 11 (collectively, the "Act") , the City has the power and authority to refund the 2005 Bonds for such term of years , not 1" n excess of the � i maximum team of years as permitted by applicable law, and in such principal amount as may be deemed necessary by the Council ; and i i j WHEREAS , it is necessary and in the best interest of the City that the City proceed with the Refunding, and in order to raise the funds required therefor it will be necessary for the City to i boiTow an amount not to exceed $ 2 , 000 , 000 , and in evidence thereof to issue alternate bonds in an aggregate principal amount not to exceed $ 2 , 000 , 000 , all in accordance with the Act ; and WHEREAS , the revenue sources that will be pledged to the payment of the principal and interest on the alternate bonds will be (1* ) revenues received by the City from its distributions of sales tax revenues , (ii) revenues generated by the TIF Area, and (iii) such other funds of the City as may be lawfully available and annually appropriated for such payment ; and W HEREAS , if the above-mentioned revenue sources are insufficient to pay said alternate � i bonds , ad valorem property taxes upon all taxable property in the City without limitation as to i rate or amount are authorized to be extended to P ay the principal of and interest on said alternate j i bonds ; j NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE , KENDALL COUNTY , ILLINOIS , as follows : Section 1 . Incorporation of Preambles . The Council hereby finds that all of the i recitals contained in the preambles to this ordinance are full , true and correct and does � incorporate them into this ordinance by this reference . Section 2 . Determination to Issue Bonds . It is necessary and in the best interest of the City to proceed with the Refunding, and that for that purpose alternate bonds of the City are i hereby authorized to be issued and sold in an aggregate amount of not to exceed $ 2 , 000 ,000 to � be known as " General Obli" gati" on Refunding Bonds (Alternate Revenue Source) , Series 2013 " (the "Bonds ") . � i I i Section 3 . Publication . This authorizing ordinance, together with a notice in the statutory folmi , shall be published 1" n the Kendall County Record Newspaper and/or the Beacon News , the same being a newspapers of general circulation in the City, and 1" f no petition , signed by 811 electors , the same being equal to 7 . 5 % of the registered voters in the City, asking that the issuance of the Bonds be submitted to referendum , is filed with the City Clerk within thirty (30 ) days after the date of the publication. of this authorizing ordinance and notice, then the Bonds shall be authorized to be i i Section 4 . Additional Ordinances . If no petition meeting the requirements of applicable law is filed during the petition period referred to above, then the Council may adopt 4P It 10 additional ordinances or proceedings supplementing or amending this ordinance providing for i the issuance and sale of the Bonds and prescribing all the details of the Bonds , so long as the maximum amount of the Bonds as set forth in this ordinance is not exceeded and there is no material change in the Refunding as described herein . Such additional ordinances or proceedings shall in all instances become effective immediately without publication or posting or any further act or r This authorizing ordinance , together with such additional ordinances or proceedings , shall constitute complete authority for the issuance of the Bonds under applicable law . Section 5 . Severability, If any section, paragraph or provision of this ordinance shall be held to be invalid or unenforceable for any reason , the invalidity or unenforeeabili* ty of such section, paragraph or provision shall not affect any of the remaining provisions of this ordinance . Section 6 . Conflicting Ordinances . All ordinances , resolutions and parts thereof, in conflict herewith are hereby repealed . i i i i Section 7 . Effective Date . This ordinance shall be i full force and effect from and after its adoption . Ken ]Koch � Joel Flieders 1f I Carlo Colosimo � Chris Funkhouser LaiTy Kot Diane Teeling Jackie Mi' Ischewski" � Rose Ann Spears 1 i i Passed by the City Council of the United City of Yorkville, Illinois this 23rd day of July, 2013 . Attest : %-W 4011 City Clerk E APPROVED by me this 23rd day of July, 2013 . Mayo ATTESTED and FILED i" n my office this 23rd day of July, 2013 . i City Clerk j Published by me in pamphlet form this 23rd day of July, 2013 . i City Clerk, United City of Yorkville � Kendall County, Illinois i i STATE OF ILLINOIS SS COUNTY OF KENDALL CERTIFICATION OF ORDINANCE , MINUTES AND PUBLICATION IN PAMPHLET FORM � I I , the undersigned, do hereby certify that I am the duly qualified and acting Clerk of the United City of Yorkville , Illinois , Kendall County, Illinois (the "City") , and as such official I am � the keeper of the records and files of the City and the City Council of said City (the " Council ") . I do further certify that the foregoing constitutes a full, true and complete transcript of the minutes of the meeting of the Council held on the 23rd day of July, 2013 , insofar as same relates to the adoption of an Ordinance entitled : AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS (ALTERNATE REVENUE SOURCE) OF THE UNITED CITY OF YORKVILLE , KENDALL COUNTY, ILLINOIS , IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $ 2 , 000 , 000 . a true, correct and complete copy of which said Ordinance as adopted at sai d meeting appears in the foregoing transcript of the minutes of said meeting . I do further certify that the deliberations of the Council on the adoption of said Ordinance were conducted openly, that the vote on the adoption of said Ordinance was taken openly, that said meeting was called and held at a specified time and place convenient to the public, that notice of said meeting was duly given to all news media requesting such notice, that said meeting � was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois , as amended , and with the provisions of the Illinois Municipal Code, and that the Council has complied with all of the provisions of said Acts and with all of the procedural ivules of the Council in the passage of said Ordinance . � i I do further certify that said Ordinance was published by authority of the Council i" n pamphlet form on the 23rd day of July, 2013 , and said Ordinance as so published was on said date readily available for public inspection and distribution, in sufficient number to meet the needs of the general public, at my office as Clerk located in the City. fN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the City, this a3 day of July, 2013 . Clerk, United City of Yorkville Kendall County, Illinois ( SEAL) United City of Yorkville,Kendall County,Illinois General Obligation(ARS)Bonds,Series 2013 Partial Refunding of Series 2005 Aggregate Debt Service No Refunding Savings(Deficit) Series Series DATE 2013forPartialRef2005 2005PostRef2013 TOTAL 12/01/2013 25,500.00 260,287.50 285,787.50 302,738 16,951 12/ov2014 51,000.00 68,072.50 119,072.50 305,523 186,451 12/ov2015 51,000.00 68,072.50 119,072.50 302,723 183,651 12rov2016 51,000.00 68,072.50 119,072.50 304,723 185,651 12rov2017 51,000.00 68,072.50 119,072.50 306,323 187,251 12fO V2018 51,000.00 68,072.50 119,072.50 302,523 183,451 12/01/2019 51,000.00 303,072.50 354,072.50 303,073 (51,000) 12rov2020 51,000.00 303,202.50 354,202.50 303,203 (51,000) 12/01/2021 51,000.00 307,912.50 358,912.50 307,913 (51,000) 12/01/2022 51,000.00 311,992.50 362,992.50 311,993 (51,000) 12/01/2023 51,000.00 310,305.00 361,305.00 310,305 (51,000) 12/01/2024 51,000.00 313,050.00 364,050.00 313,050 (51,000) 12/ov2025 461,000.00 - 461,000.00 - (461,000) 12/01/2026 459,600.00 459,600.00 (459,600) 12/O V2027 457,600.00 457,600.00 - (457,600) Total $1,964,700.00 $2,450,185.00 $4,414,885.00 3,674,090 (740,795) Par Amounts Of Selected Issues Series 2013forPartialM2005 1,275,000.00 Series 2005PostRef2013 1,785,000.00 TOTAL 3,060,000.00 Aggregate 1 12/5/2012 1 8:38 AM Speer Financial, Inc. Public Finance Consultants Since 1954 Page 1 With proposed bond refinancing Countryside TIF Fund (87) The Countryside TIF was created in February of 2005,with the intent of constructing a future retail development at Countryside Center. This TIF is located at the northwest comer of US Route 34 and IL Route 47. FY 2013 FY 2011 FY 2012 Adopted FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 Actual Actual Budget Projected Proposed Projected Projected Projected Projected Revenue Taxes 6,372 4,188 4,500 - - - 100,000 100,000 100,000 Investment Earnings 3,134 2,718 2,000 3,100 1,550 - - - - Total Revenue 9,506 6,906 6,500 3,100 1,550 - 100,000 100,000 100,000 Expenditures Contractual Services 1,623 1,442 1,375 2,375 1,802,375 2,375 2,375 2,375 2,375 Debt Service 307,093 306,143 304,668 304,668 285,788 119,073 119,073 119,073 119,073 Total Expenditures 308,716 307,585 306,043 307,043 2,088,163 121,448 121,448 121,448 121,448 Surplus(Deficit) (299,210) (300,679) (299,543) (303,943) (2,086,613) (121,448) (21,448) (21,448) (21,448) Ending Fund Balance 2,178,550 1,877,872 1,578,277 1,573,929 (512,684) (634,131) (655,579) (677,026) (698,474) S3,0000 Fund[Ealance N r t 3 t $1,000 H Soo ($1,000) FY 2011 FY 2012 FY 2013 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 Account Number Description Actual Actual Budget Projected Proposed Projected Projected Projected Projected Countryside TIF 87-000-40-004087 PROPERTY TAXES-COUNTRYSIDE TIF 6,372 4,188 4,500 - - 100,000 100,000 100,000 87-000-45-00-4500 INVESTMENT EARNINGS 3,134 2,718 2,000 3,100 1,550 - - - Revenue 9,506 6,906 6,500 3,100 1,550 - 100,000 100,000 100,000 87-870-54-00-5420 ADMINISTRATIVE FEES 1,248 1,067 1,000 2,000 2,000 2,000 2,000 2,000 2,000 87-870-54-00-5425 TIF INCENTIVE PAYOUT - - - - 1,800,000 - - - - 87-870-54-00-5498 PAYING AGENT FEES 375 375 375 375 375 375 375 375 375 Debt Service-2005 Bond 87-870-80-00-8000 PRINCIPAL PAYMENT 170,000 175,000 180,000 180,000 185,000 - - - - 87-870-80-00-8050 INTEREST PAYMENT 137,093 131,143 124,668 124,668 75,288 68,073 68,073 68,073 68,073 Debt Service-2013 Refunding Bond 87-870-93-00-8000 PRINCIPAL PAYMENT - - - - - - - - - 87-870-93-00-8050 INTEREST PAYMENT - - - z0fimmi 25,500 51,000 51,000 51,000 51,000 Expenditures 308,716 307,585 306,043 307,043 2,088,163 121,448 121,448 121,448 121,448 Surplus(Deficit) (299,210) (300,679) (299,543) (3039943) (2,086,613) (121,448) (21,448) (21,448) (219448) Fund Balance 2,178,550 19877,872 1,578,277 1,573,929 (512,684) (6349131) (655,579) (677,026) (698,474) Without proposed bond refinancing Countryside TIF Fund(87) The Countryside TIF was created in February of 2005,with the intent of constructing a future retail development at Countryside Center. This TIF is located at the northwest corner of US Route 34 and IL Route 47. FY 2013 FY 2011 FY 2012 Adopted FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 Actual Actual Budget Projected Proposed Projected Projected Projected Projected Revenue Taxes 6,372 4,188 4,500 - - - 100,000 100,000 100,000 Investment Earnings 3,134 2,718 2,000 3,100 1,550 - - - - Total Revenue 9,506 6,906 6,500 3,100 1,550 - 100,000 100,000 100,000 Expenditures Contractual Services 1,623 1,442 1,375 2,375 1,802,375 2,375 2,375 2,375 2,375 Debt Service 307,093 306,143 304,668 304,668 302,738 305,523 302,723 304,723 306,323 Total Expenditures 308,716 307,585 306,043 307,043 2,105,113 307,898 305,098 307,098 308,698 Surplus(Deficit) (299,210) (300,679) (299,543) (303,943) (2,103,563) (307,898) (205,098) (207,098) (208,698) Ending Fund Balance 2,178,550 1,877,872 1,578,277 1,573,929 (529,634) (837,532) (1,042,630) (1,249,728) (1,458,426) $3,0000 Fund[Balance N $2,0000 N c $1,0000 s ~ $00 ($1,000) ($2,000) FY 2011 FY 2012 FY 2013 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 Account Number Description Actual Actual Budget Projected Proposed Projected Projected Projected Projected Countryside TIF 87-000-40-00-4087 PROPERTY TAXES-COUNTRYSIDE TIF 6,372 4,188 4,500 - - 100,000 100,000 100,000 87-000-45-00-4500 INVESTMENT EARNINGS 3,134 2,718 2,000 3,100 1,550 - Revenue 9,506 69906 6,500 39100 19550 - 100,000 100,000 100,000 87-870-54-00-5420 ADMINISTRATIVE FEES 1,248 1,067 1,000 2,000 2,000 2,000 2,000 2,000 2,000 87-870-54-00-5425 TIF INCENTIVE PAYOUT - - - - 1,800,000 - - - - 87-870-54-00-5498 PAYING AGENT FEES 375 375 375 375 375 375 375 375 375 Debt Service-2005 Bond 87-870-80-00-8000 PRINCIPAL PAYMENT 170,000 175,000 180,000 180,000 185,000 195,000 200,000 210,000 220,000 87-870-80-00-8050 INTEREST PAYMENT 137,093 131,143 124,668 124,668 117,738 110,523 102,723 94,723 86,323 Debt Service-2013 Refunding Bond 87-870-93-00-8000 PRINCIPAL PAYMENT - - - - - - - - - 87-870-93-00-8050 INTEREST PAYMENT - - - - - - - - Expenditures 308,716 307,585 306,043 307,043 2,105,113 3079898 305,098 3079098 308,698 Surplus(Deficit) (299,210) (300,679) (299,543) (303,943) (2,103,563) (307,898) (2059098) (207,098) (208,698) Fund Balance 2,178,550 19877,872 19578,277 195739929 (529,634) (837,532) (1,042,630) (1,249,728) (1,458,426) United City of Yorkville, Kendall County, Illinois General Obligation (ARS) Bonds, Series 2013 Partial Refunding of Series 2005 Debt Service Comparison Date Total P+I CIF Existing D/S Net New D/S Old Net D/S Savings 12/01/2013 16,562.50 (16,562.50) 222,643.75 222,643.75 243,868.75 21,225.00 12/01/2014 66,250.00 (66,250.00) 68,072.50 68,072.50 305,522.50 237,450.00 12/01/2015 66,250.00 (33,125.00) 68,072.50 101,197.50 302,722.50 201,525.00 12/01/2016 66,250.00 68,072.50 134,322.50 304,722.50 170,400.00 12/01/2017 66,250.00 68,072.50 134,322.50 306,322.50 172,000.00 12/01/2018 66,250.00 68,072.50 134,322.50 302,522.50 168,200.00 12/01/2019 66,250.00 303,072.50 369,322.50 303,072.50 (66,250.00) 12/01/2020 66,250.00 303,202.50 369,452.50 303,202.50 (66,250.00) 12/01/2021 66,250.00 307,912.50 374,162.50 307,912.50 (66,250.00) 12/01/2022 66,250.00 - 311,992.50 378,242.50 311,992.50 (66,250.00) 12/01/2023 66,250.00 - 310,305.00 376,555.00 310,305.00 (66,250.00) 12/01/2024 66,250.00 - 313,050.00 379,300.00 313,050.00 (66,250.00) 12/01/2025 306,250.00 - - 306,250.00 - (306,250.00) 12/01/2026 304,250.00 - 304,250.00 (304,250.00) 12/01/2027 306,750.00 - 306,750.00 (306,750.00) 12/01/2028 308,500.00 - 308,500.00 (308,500.00) 12/01/2029 304,500.00 - 304,500.00 (304,500.00) Total $2,275,562.50 (115,937.50) $2,412,541.25 $4,572,166.25 $3,615,216.25 (956,950.00) PV Analysis Summary(Net to Net) Gross PV Debt Service Savings (235,309.09) Effects of changes in CIF Investments 109,113.03 Net PV Cashflow Savings @ 5.593%(AIC) (126,196.07) Contingency or Rounding Amount 3,344.12 Net Present Value Loss $(122,851.95) Net PV Loss / $1,050,000 Refunded Principal (11.700%) Net PV Loss / $1,325,000 Refunding Principal (9.272%) Refunding Bond Information Refunding Dated Date 9/01/2013 Refunding Delivery Date 9/01/2013 Countryside TIF2029 7.8.2 1 SINGLE PURPOSE 1 7/8/2013 1 3:29 PM Public Speer Financial, Inc. • United City of Yorkville, Kendall County, Illinois General Obligation(ARS) Bonds, Series 2013 Partial Refunding of Series 2005 Debt Service Schedule Date Principal Coupon Interest Total P+I 12/01/2013 16,562.50 16,562.50 12/01/2014 66,250.00 66,250.00 12/01/2015 66,250.00 66,250.00 12/01/2016 66,250.00 66,250.00 12/01/2017 66,250.00 66,250.00 12/01/2018 66,250.00 66,250.00 12/01/2019 66,250.00 66,250.00 12/01/2020 66,250.00 66,250.00 12/01/2021 - 66,250.00 66,250.00 12/01/2022 - 66,250.00 66,250.00 12/01/2023 - 66,250.00 66,250.00 12/01/2024 - - 66,250.00 66,250.00 12/01/2025 240,000.00 5.000% 66,250.00 306,250.00 12/01/2026 250,000.00 5.000% 54,250.00 304,250.00 12/01/2027 265,000.00 5.000% 41,750.00 306,750.00 12/01/2028 280,000.00 5.000% 28,500.00 308,500.00 12/01/2029 290,000.00 5.000% 14,500.00 304,500.00 Total $1,325,000.00 - $950,562.50 $292759562.50 Yield Statistics Bond Year Dollars $19,011.25 Average Life 14.348 Years Average Coupon 5.0000000% Net Interest Cost(NIC) 5.1393911% True Interest Cost(TIC) 5.2008077% Bond Yield for Arbitrage Purposes 5.0007526% All Inclusive Cost(AIC) 5.5928896% IRS Form 8038 Net Interest Cost 5.0000000% Weighted Average Maturity 14.348 Years Countryside TIF2029 7.8.2 1 SINGLE PURPOSE 1 7/8/2013 1 3:29 PM Public Speer Financial, Inc. • 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal El CA#1 Finance ❑ ESL -� 1836 Engineer ■ -_� City Administrator E] Tracking Number .4 City y Human Resources El� wn sw _© Community Development ❑ PW 2013-37 � Police F-1 Public Works ❑ Agenda Item Summary Memo Title: KKCOM Call for Projects Meeting and Date: City Council —August 27, 2013 Synopsis: Approval of Application Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Consideration of Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: .��° Co.� 0, Memorandum To: Bart Olson, City Administrator GMT - -- 36 From: Brad Sanderson, EEI [m CC: Eric Dhuse, Director of Public Works ;16 V[m CC: f) Krysti Barksdale-Noble, Community Dev. Dir. ' ALE►v�~ Lisa Pickering, Deputy City Clerk Date: August 9, 2013 Subject: KKCOM—Call for Projects Backaround: The Kane-Kendall Council of Mayors (KKCOM) recently announced a call for projects in accordance with the attached document. Generally, KKCOM funds two types of projects, STP (reconstruction projects) and LAFO (milling and resurfacing projects). In recent times, the City has taken advantage of the program and has received funding for Fox Road (LAFO), Game Farm Road (STP) and Cannonball Trail (LAFO). Question Presented: Should the City submit an application for the 2013 Call for Projects? Discussion: In order to be eligible for federal funding, a roadway must have a FAU Route designation. An exhibit indicating the FAU routes in the City is attached. Staff has reviewed the City's eligible roadways and is recommending that Mill Street be submitted for this particular call for an LAFO project. Staff has preliminarily reviewed the potential rating/scoring of the project and has determined that it will most likely be the highest scoring eligible street in the City. If selected, the project would be 75% funded by the KKCOM. We are estimating a total project cost of$269,440 ($187,410 STP, $82,030 Local). A copy of the project application along with the cost estimate is attached for your review. Action Required: Consideration of authorization to submit application for 2013 Call for Projects. KKCOM K A N E I K E N DAL L COUNCIL OF MAYORS KANE/KENDALL COUNCIL OF MAYORS MAYOR JEFFERY SCHIELKE,Council Chairman 41 WO 1 Burlington Road • St.Charles,Illinois 60175 PRESIDENT LARRY KELLER,Council Vice-Chairman (630)584-1170 THOMAS B.RICKERT,Executive Director 14 Chicago Metropolitan MIKE SULLIVAN,Council Director Agency for Planning JENNIFER BECKER,Planning Liaison Surface Transportation Program (STP) Call for Projects The Kane/Kendall Council of Mayors is announcing a call for Surface Transportation Program (STP) Projects. See the attached Council Methodology for details regarding eligible project types, participating costs, and funding ratios. Eligibility Eligible applicants are limited to villages, cities, and counties located within the Council area: Aurora Elgin Maple Park South Elgin Batavia Geneva Montgomery St. Charles Big Rock Gilberts North Aurora Sugar Grove Burlington Hampshire Oswego Virgil Campton Hills Kane County Plano West Dundee Carpentersville Kaneville Pingree Grove Yorkville East Dundee Kendall County Sandwich Elburn Lily Lake Sleepy Hollow Application Submission To apply for funding, a project application form and location map must be submitted to the Kane/Kendall Council of Mayors by the close of business (4:30 pm) on Friday, August 30, 2013. Submit applications electronically to: Kane/Kendall Council of Mayors ATTN. Mike Sullivan, Council Director / Jennifer Becker, Regional Planning Liaison Email: planning staff 0-co.kane.il.us Timeline April 18 Call for Projects August 30 Deadline for Application Submission September CRS ratings performed by Council Staff October 17 Initial project presentations / Staff rankings to Transportation Policy Committee/ Transportation Policy Committee Recommendation Questions? For additional information, please contact Council staff at 630-584-1170. KKCOM K A N E / K E N D A L L COUNCIL OF MAYORS KANE/KENDALL COUNCIL OF MAYORS MAYOR JEFFERY SCHIELKE,Council Chairman 41 W01 1 Burlington Road - St.Charles,Illinois 60175 PRESIDENT LARRY KELLER,Council Vice-Chairman (630)584-1170 THOMAS B.RICKERT,Executive Director MIKE SULLIVAN,Council Director Chicago Metropolitan JENNIFER BECKER,Regional Planning Liaison Agency for Planning Surface Transportation Program (STP) Project Priority Methodology Adopted November 10, 2005 (updated December 4, 2012) The Kane/Kendall Council of Mayors Surface Transportation Program (STP)funds three types of projects: A) Roadways and Intersections B) Transit and Non-Highway C) Local Agency Functional Overlay(LAFO) projects. Project applications are considered for funding and weighted against other projects according to their project type.The specific project priority methodology for each project type is described below. A. ROADWAYS AND INTERSECTIONS Each Surface Transportation Program (STP) highway project shall be evaluated using five categories. Each category is assigned a weighted value. The assumption is that the higher the weight of a category, the greater the significance of the category in terms of benefit from the project. In addition, the Council should place emphasis on highway projects that have benefit over more than a local area. The five categories are: 1. Road Condition (15%) 2. Safety (15%) 3. Traffic Volume (25%) 4. Local Commitment (30%) 5. Transportation Control Measures (15%) 1. Road Condition: (maximum of 15 points) Four condition criteria comprise this category. The criteria are keyed to the IDOT Condition Rating Survey (CRS). The CRS range is as follows: Condition Range Point Value Poor 0-4.5 15 Fair 4.6-6.0 10 Satisfactory 6.1 -7.5 5 Good 7.6-9.0 0 2. Safety: (maximum of 15 points) The point value assigned in this category is based on the ability of the local agency to clearly demonstrate a correlation between the proposed project and an improvement in vehicle and/or pedestrian/bicyclist safety. Examples include reduction of accident rates, crosswalk implementation, signalization, and speed reduction. The number of points awarded in this category will be determined by the Council Liaison, subject to review by the Transportation Policy Committee. 3. Traffic Volumes: (maximum of 25 points) This category assigns a point value based on existing Average Daily Traffic (ADT) volumes. The point values range as follows: Two Lane Rood Points Four Lane Road Points 20,000 ADT+ 25 35,000 ADT+ 25 19,000-19,999 24 32,500-34,999 24 18,000- 18,999 23 30,000-32,499 23 17,000- 17,999 22 27,500-29,999 22 16,000- 16,999 21 25,000-27,499 21 15,000- 15,999 20 22,500-24,999 20 14,000-14,999 19 20,000-22,499 19 13,000-13,999 18 17,500- 19,999 18 12,000-12,999 17 15,000- 17,499 17 11,000-11,999 16 12,500- 14,999 16 10,000-10,999 15 10,000- 12,499 15 9,000-9,999 14 9,000-9,999 14 8,000-8,999 13 8,000-8,999 13 7,000-7,999 12 7,000-7,999 12 6,000-6,999 11 6,000-6,999 11 5,000-5,999 10 5,000-5,999 10 4,000-4,999 9 4,000-4,999 9 3,000-3,999 8 3,000-3,999 8 2,000-2,999 7 2,000-2,999 7 1,000- 1,999 6 1,000-1,999 6 0-999 5 0-999 5 4. Local Commitment: (maximum of 30 points) The point value assigned in this category is based on additional sponsorship, demonstration of financial commitment and a local level commitment of project follow-through. The point value ranges are as follows: Action Cumulative Points Local Commitment to fund Phase II +15 Multi-Jurisdictional Sponsorship(additional 5 pts.will be added for each additional sponsor) +5-10 Demonstration of Financial Commitment(resolution or copy of approved CIP or budget) +5 5. Transportation Control Measure Benefits: (maximum of 15 points) If a highway project includes an aspect which exceeds the usual benefit to single occupancy vehicles, and which will substantially promote the use of other alternative transportation modes, the project is eligible to earn up to fifteen points in this category. Examples include, but are not limited to, highway projects providing a bicycle or pedestrian facility which forms part of a larger pedestrian or bicycle system, or a highway project improving the accessibility to/from a transit station. The number of points awarded in this category will be determined by the Council Liaison, subject to review by the Transportation Policy Committee. B. TRANSIT AND NON-HIGHWAY PROJECTS Transit and other non-highway transportation projects are eligible for STP funding. These projects shall have a minimum of two Council members as sponsors. Effort will be made to rank these projects against other STP projects submitted, however,the Council shall give strong consideration to transit and non-highway projects that: 1. Have a transportation impact over more than a local area. 2. Include participation of more than one transportation agency. 3. Have a significantly safety benefit to pedestrians, bicyclists or vehicles. 4. Have a significant impact on congestion reduction. C. LOCAL AGENCY FUNCTIONAL OVERLAY(LAFO) PROJECTS Each LAFO project under consideration for funding in the STP program shall be evaluated using three categories. Each category will be assigned a weighted value. The assumption is that the higher the weight of a category, the greater the significance of the category in terms of benefit from the project. In addition, the Council should place emphasis on projects that will have benefit over more than a local area. The three categories are: 1. Road Condition (30%) 2. Traffic Volume (50%) 3. Consideration of regional and community needs (20%) 1. Road Condition: (maximum of 30 points) Four condition criteria comprise this category. The criteria are keyed to the IDOT Condition Rating Survey (CRS). The CRS range is as follows: Condition Range Point Value Poor 0-4.5 30 Fair 4.6-6.0 20 Satisfactory 6.1 -7.5 10 Good 7.6-9.0 0 2. Traffic Volumes: (maximum of 50 points) This category assigns a point value based on existing Average Daily Traffic (ADT) volumes. The point values range as follows: Two Lane Rood Points Four Lane Road Points 20,000 ADT+ 50 35,000 ADT+ 50 19,000-19,999 48 32,500-34,999 48 18,000-18,999 46 30,000-32,499 46 17,000-17,999 44 27,500-29,999 44 16,000-16,999 42 25,000-27,499 42 15,000-15,999 40 22,500-24,999 40 14,000-14,999 38 20,000-22,499 38 13,000-13,999 36 17,500- 19,999 36 12,000-12,999 34 15,000- 17,499 34 11,000- 11,999 32 12,500- 14,999 32 10,000-10,999 30 10,000-12,499 30 9,000-9,999 28 9,000-9,999 28 8,000-8,999 26 8,000-8,999 26 7,000-7,999 24 7,000-7,999 24 6,000-6,999 22 6,000-6,999 22 5,000-5,999 20 5,000-5,999 20 4,000-4,999 18 4,000-4,999 18 3,000-3,999 16 3,000-3,999 16 2,000-2,999 14 2,000-2,999 14 1,000- 1,999 12 1,000-1,999 12 0-999 10 0-999 10 3. Consideration of Regional and Community Needs (maximum of 20 Points) Benefit Regional Points Community Points Low 3 3 Moderate 5 5 High 10 10 Additional Criteria and Recommendations 1. Prioritization of Projects: The Transportation Policy Committee at each quarterly meeting shall vote on and approve an updated 5-year fiscally constrained STP Program. Each updated program shall include updated prioritization of projects, updated project costs, and letting dates. 2. Project Submittals: Submittals for STP, Transit, and LAFO projects may be submitted only in response to a specific call for projects announced by the Council. 3. Local Match Ratio: The local agency shall fund Phase I engineering (E1) locally. The match ratio for Phase II engineering (E2) and right-of-way shall be at a maximum Federal percentage of 50%. The match ratio for construction and construction engineering (CE) of STP projects shall be at a maximum Federal percentage of 75% if the sponsoring agency funds Phase II engineering locally; otherwise the match ratio for construction and E3 shall be at a maximum Federal percentage of 70%. 4. LAFO projects: • E1 and E2 shall be locally funded. • The match ratio for construction and CE shall be at a maximum Federal percentage of 75%. • A minimum of 5% and a maximum of 20% of the Council's annual STP program shall be allocated to LAFO projects. If no LAFO projects are in the program in any given year, the minimum % requirement may be waived upon approval by the Transportation Policy Committee. • The maximum amount of federal funding for a LAFO project shall not exceed $500,000. • If a disproportionate number of LAFO project applications are submitted such that the 20% maximum is overly restrictive in regards to funding these projects, the maximum % may be increased upon approval by the Transportation Policy Committee. • If agencies submit multiple LAFO projects applications during a call for projects, they shall also prioritize those projects when submitted. 5. STP Funds for Engineering and ROW: STP projects submitted will be prioritized as described in this Project Priority Methodology. Funds for engineering would be programmed for fiscal years prior to when the priority methodology indicates a contract letting. Funds for ROW would be programmed in the same manner. Funding for engineering and ROW acquisition shall not take precedence over construction funding. Members are encouraged to expedite the timetable of their project by performing Phase I and Phase II engineering and ROW acquisition with local funds. 6. Funding Cap: All funding increases above the original approved funding level will require the project sponsor to submit a request for approval to be voted upon at a Transportation Policy Committee meeting. All project cost increases greater than 20% of the cost estimate developed at the time of Phase I engineering approval, will be the sole responsibility of the project sponsor. Funding increase requests for the construction phase of STP projects shall not be considered until Phase I engineering has been approved. 7. Federal Maximum: The maximum funding approved for any specific project shall be no more than 50% of that year's total federal allotment, with a maximum limit of$2,500,000 in federal funding, inclusive of all phases. 8. Budget Integrity: The annual and multi-year budgetary constraints shall be maintained at all times except by vote of the Council to advance fund a project. 9. STP Projects on State Routes: The policy of the Council shall be to discourage the use of Council STP funds on State jurisdiction routes. The Council shall strictly enforce its policy that municipalities sponsoring projects on State routes must provide one half the local match for all phases that are being funded--50/50 for E2, ROW, and Construction. Only projects involving an intersection improvement with State routes would be subject to STP funding eligibility. 10. Flexibility: the Transportation Policy Committee and the Council should at all times remain flexible when approving projects for STP funding. Allowance for non-technical decisions must be maintained. Variances to these rules will be allowed if a majority of the Transportation Policy Committee's members present vote to make an exception for a specific project. 11. Before and After Bicycle Level of Service (BLOS) and Pedestrian Level of Service (PLOS) Calculations: To help raise awareness of the need for bicyclist and pedestrian accommodations in roadway projects, all STP projects submitted must include calculations on the before-and-after BLOS and PLOS. This can be done by using the simple on-line calculator found on the League of Illinois Bicyclists website: hftp://www.bikelib.org/bike- planning/bicycle-level-of-service) -. r �, •�, _ __fir___, i r, _ I l 7u — ILI F'W4r — 4 o Z ia IE uuxa:l o z u8Ulua,d — ��•—. � 4 p "HAW-, _��,. 1Ra X0 Y 1 ; —' e J > d `' a �€" co Uri rD9 JU2Q' 41 �' R o J —Bridge ow lanuewwt LL. mo m iii 9 amurea�I 9' — `` f I, � a — � Jvhn ua-4s - :_ w l -I �-;, a C d C W O O ww X11 �- tl5 Uor ,Y C — _ -6 ww — ry 1y L a ci $ v _ -- — — — I �... _ v MZ 10 dl C 1`lI � \ W u "° 0 ow in 0 f I 1 KKCOM KANE/ KENDALL COUNCIL OF MAYORS KANE/KENDALL COUNCIL OF MAYORS MAYOR JEFFERY SCHIELKE,Council Chairman 41 W01 1 Burlington Road • St.Charles,Illinois 60175 PRESIDENT LARRY KELLER,Council Vice-Chairman (630) 584-1170 THOMAS B. RICEERT,Executive Director Chicago Metropolitan MIKE SULLIVAN,Council Director Agency for Planning JENNIFER BECKER,Regional Planning Liaison STP Project Application/Methodology Data Sheet Date: 8/9/2013 Municipality: United City of Yorkville Street: Mill Street Functional Classification: Major Collector North/West Limit: Washington Street South/East Limit: IL 126(Schoolhouse Road) Type of Improvement(s): ❑ Add Lanes M Resurfacing ❑ Lighting ❑ Intersection Improvement ❑ Reconstruction ❑ ROW ❑ Signals ❑ New Road ❑ Sidewalks ❑ Bike/Ped Path ❑ Bridge ❑ Commuter Parking Other: f Jurisdition (check applicable category) ❑ State ❑ County ® Municipal ❑ Township Cross-Section(check applicable category) ® Urban ❑ Rural ® Two-lane ❑ Four-lane Estimated Cost Funding Request Projected Fiscal Year (enter most recent cost) Engineering-Phase I: $0,000.00 $0,000.00 Engineering-Phase ll-. 19,560 $0,000.00 2015 ROW: $0,000.00 $0,000.00 f Engineering-Phase III: 32,600 24,450 2016 Construction: 217,280 162,960 2016 Total: 269,440 187,410 Traffic Volumes Current ADT: 750 Projected ADT: 11,400 Project Length: 0.34 Daily VMT = ADT x Project Length Daily VMT: 256 Projected VMT:[C77 Road Condition:1.4 By Local I l By Liaison STP Project Application/Methodology Data Sheet (Page 2 of 3) Municipality: United City of Yorkville C Street: Mill Street FAU Route: 2517 North/West Limit: Washington South/East Limit: IL 126(Schoolhouse Road) Project Readiness (estimated time to project letting) 0-3 months 3-6 months C 6-9 months 9-12 months C' 12-15 months G Over 15 month Accident Experience (Roadways=average number of accidents for last 3 years per million VMT) (Intersections=average number of accidents for last 3 year per intersection) #of accidents #of accidents 1st year 10'7 2nd year 10.7 #of accidents 3rd year 10.7 Average for 3 years 10.7 —L ---i Bicycle Level of Service (BLOS) and Pedestrian Level of Service (PLOS) BLOS Before 4.05 _ BLOS After 2.57 PLOS Before E289::-- PLOS After 2.89 Local Commitment (check all that apply) ® Local Commitment to Fund Phase II (Provide more detail below that demonstrates local commitment or attach documentation if available.) The United City of Yorkville has received and has successfully completed similar Federally funded projects in the past and has budgeted the required local funding share at the appropriate time. ❑ Multi-jurisdictional Sponsorship List Partnering Agencies 1.) 2.) 3.) ❑ Financial Commitment (Provide supporting documentation, i.e., resolutions, copy of approved budget, CIP, etc., if available.) STP Project Application/Methodology Data Sheet (Page 3 of 3) Safety: Demonstrate a correlation between the proposed project and an increase in vehicle, pedestrian or bicyclist safety. Examples include reduction of accident rates, crosswalk implementation, signalization, and speed reduction. (Attach additional comments if necessary.) The new pavement surface will enhance the safety and rideability of the roadway.Safety will be increased through improved pavement cross slope and drainage,and improved pavement markings(crosswalks and stop bars). Transportation Control Measures Benefits: Explain how your project exceeds the usual benefit to single occupancy vehicles and substantially promotes the use of other more efficient transportation modes. Examples include highway projects providing a bicycle or pedestrian facility, which forms part of a larger pedestrian or bicycle system, or a highway project improving the accessibility of a transit station. (Attach additional comments if necessary.) N/A-This is a LAFO project and is intended to provide an"interim"improvement until a rehabilitation or reconstruction improvement can be funded. Additional Comments: This project will provide a valuable extension in the serviceable life of the roadway pavement by renewing the riding surface and providing effective diversion of surface drainage off the pavement and into the existing ditch system. The resulting improvement will extend the pavement life another 15 to 20 years by reducing the intrusion of surface drainage into the pavement and the resulting detrimental effects. Mill Street is a critical inter-city route on the east side of Yorkville,south of the Fox River,serving residential neighborhoods. Mill Street is the only north-south roadway other than IL 47 that connects IL 126 to Yorkville's downtown area and commercial properties. The roadway helps connect the southeast portion of Yorkville and parts of Oswego and Plainfield to the downtown area of the City. Circle Center Grade School is also located on this roadway, and the road serves as the primary vehicular and pedestrian access to the school. Prepared By (Name & Title): Christopher J.Ott,E.I.,Project Engineer(Engineering Enterprises,Inc.) 1 ai PuelpooM Z o u- ►-r LL J Z � ` r W ``� 4e Q O 0 (a�saoM Z ar+seal U. a L V / F' � 0Z LU LU D LU H - O J U a / 8 LUo LU Ln j� D Y `, ax d r _ i O cn (LLsz nvi)laa.ilS wvy �� " N Y X O Y w O LL j s snaH a m N o o , w , a6pu8 lab o a m a L Li (9Z d b�)laa I r. uosJa�aP ��S a6pla8/�6�� - _ uwew ueW x -0 ro r aaelS _ 2 O fY v Ln O C5 .° = n m E too M swepv ii m v ai LO � o ue. oy ue6JCW `° W 00 Q I I �6 I �h 1 f0 D G ul Lr, o c __ p V �oralberry a c D r d ZG ,cif'• ° b W a y c J H Im r ,y„ n � •Q? C �, PRELIMINARY COST ESTIMATE LAFOIMPROVEMENTS MILL STREET(FAU 2517) FROM WASHINGTON STREET TO IL 126(SCHOOLHOUSE ROAD) 1800 LF,22'E-E ON AVERAGE UNITED CITY OF YORKVILLE,KANE COUNTY,IL ITEM UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT 21101615 TOPSOIL FURNISH AND PLACE, 4" SO YD 0.0 $ 4.00 $ 25200110 SODDING,SALT TOLERANT SO YD 0-0 $ 10.00 $ 25200200 SUPPLEMENTAL WATERING UNIT 0.0 $ 300.00 $ 40600100 BITUMINOUS MATERIALS(PRIME COAT) GALLON 560.0 $ 2.00 $ 1,120.00 40600300 AGGREGATE(PRIME COAT) TON 30.0 $ 3000 $ 900.00 40603080 HOT MIX ASPHALT BINDER COURSE,IL 19 0,N50 TON 730.0 $ 70.00 $ 51,100.00 40600982 HOT-MIX ASPHALT SURFACE REMOVAL-BUTT JOINT SO YD 194.0 $ 1000 $ 1,940.00 40603335 'HOT-MIX ASPHALT SURFACE COURSE, MIX"D",N50 TON 490.0 $ 75.00 $ 36,750 00 42400200 PORTLAND CEMENT CONCRETE SIDEWALK 5 INCH SO FT 360.0 $ 7.00 $ 2,520.00 42400800 DETECTABLE WARNINGS SO FT 40.0 $ 25.00 $ 1,00000 44000161 HOT-MIX ASPHALT SURFACE REMOVAL, 3" SO YD 00 $ 3.50 $ 44000500 COMBINATION CURB AND GUTTER REMOVAL FOOT 0.0 $ 10.00 $ - 44000600 SIDEWALK REMOVAL SO FT 360.0 $ 2.50 $ 90000 44201705 CLASS D PATCHES,TYPE II,5 INCH SO YD 170.0 $ 48.00 $ 8,160.00 44201709 CLASS D PATCHES,TYPE III,5 INCH SO YD 170.0 $ 45.00 $ 7,650.00 44201711 CLASS D PATCHES,TYPE IV,5 INCH SO YD 230.0 $ 42.00 $ 9,660.00 44300200 ,STRIP REFLECTIVE CRACK CONTROL TREATMENT FOOT 0.0 $ 1 00 $ 48102100 AGGREGATE WEDGE SHOULDER,TYPE B TON 0.0 $ 30.00 $ 60605000 COMBINATION CONCRETE CURB AND GUTTER,TYPE B-6.24 FOOT 0.0 $ 35.00 $ 67100100 MOBILIZATION LSUM 1"0 $ 11,000.00 $ 11,000.00 70102620 TRAFFIC CONTROL AND PROTECTION,STANDARD 701501 L SUM 1.0 $ 10,000.00 $ 10,000.00 70102630 "TRAFFIC CONTROL AND PROTECTION, STANDARD 701601 L SUM 0.0 $ 15,000.00 $ - 70102640 "TRAFFIC CONTROL AND PROTECTION,STANDARD 701801 L SUM 0.0 $ 5,000.00 $ 70106800 CHANGEABLE MESSAGE SIGN CAL MO 4.0 $ 1,100.00 $ 4,40000 70300100 SHORT-TERM PAVEMENT MARKING FOOT OA $ 2.50 $ 70300220 TEMPORARY PAVEMENT MARKING-LINE 4" FOOT 0.0 $ 0.50 $ 70301000 WORK ZONE PAVEMENT MARKING REMOVAL SO FT 0.0 $ 3.00 $ 78000100 'THERMOPLASTIC PAVEMENT MARKING-LETTERS AND SYMBOLS SO FT 0.0 $ 5.00 $ 78000200 'THERMOPLASTIC PAVEMENT MARKING-LINE 4" FOOT 0.0 $ 1.00 $ 78000400 ITHERMOPLASTIC PAVEMENT MARKING-LINE 6" FOOT 342.0 $ 2.00 $ 684.00 78000600 THERMOPLASTIC PAVEMENT MARKING-LINE 12" FOOT 0.0 $ 3.00 $ 78000650 THERMOPLASTIC PAVEMENT MARKING-LINE 24" FOOT 36.0 $ 5-00 $ 180.00 78100100 RAISED REFLECTIVE PAVEMENT MARKER EACH 0.0 $ 25.00 $ 76300200 RAISED REFLECTIVE PAVEMENT MARKER REMOVAL EACH 0.0 $ 5.00 $ 88600600 DETECTOR LOOP REPLACEMENT FOOT 0.0 $ 20.00 $ X6030310 FRAMES AND LIDS TO BE ADJUSTED(SPECIAL) EACH 12,0 $ 750.00 $ 9,000.00 XX003435 PORTLAND CEMENT CONCRETE DRIVEWAY REMOVAL AND REPLACEMENT SO YD 0.0 $ 60.00 $ - XX006947 HOT-MIX ASPHALT DRIVEWAY REMOVAL AND REPLACEMENT SO YD 477.0 $ 35.00 $ 16,695.00 RESTORATION SO YD 2,400.0 $ 9.00 $ 21,60000 $ TOTAL CONSTRUCTION COSTS (A) $ 195,259.00 -Cost Estimate assumes 2 25 inch binder,1.5 inch surface course and 10%patching \\milkyway\EEI_Storage\Docs\Public\Yorkville\2013\YO1328-C 2013 KKCOM Call for Projects\Eng\[2013 STP Application-Cost Estimate xlsjMILL STREET LAFO ENGINEERING ENTERPRISES,INC. CONSULTING ENGINEERS SUGAR GROVE,ILLINOIS 2010 STP APPLICATION PRELIMINARY COST ESTIMATE LAFO IMPROVEMENTS MILL STREET(FAU 2517) FROM WASHINGTON STREET TO IL 126(SCHOOLHOUSE ROAD) 1800 LF,22'E-E ON AVERAGE UNITED CITY OF YORKVILLE,KANE COUNTY,IL TOTAL CONSTRUCTION COSTS (A)-SEE FIRST SHEET $ 195,259.00 CONTINGENCY(2%) (B=A*0.02) $ 3,910.00 TOTAL CONSTRUCTION COST WITH CONTINGENCY AND 3%INFLATION UNTIL 2016(C=A*1.03A3+B) $ 217,280.00 PHASE I ENGINEERING(0%) (D=0*C) $ - PHASE II ENGINEERING(9%) (E=0.09*C) $ 19,560.00 RIGHT OF WAY(F) $ - PHASE III ENGINEERING AND MATERIAL TESTING(15%) (G=0.15*C) $ 32,600.00 ESTIMATED PROJECT TOTAL H=C+D+E+F+G) $ 269,440.00 Local Funding STP Funding Percentage Percentage Engineering-Phase I: 100% 0% Engineering-Phase 11: 100% 0% ROW: 100% 0% Engineering-Phase 111: 25% 75% Construction: 25% 75% Estimated Cost Funding Projected (enter most recent cost) Request Fiscal Year Engineering-Phase I: $ $ N/A Engineering-Phase II: $ 19.560.00 $ FY 15 ROW; $ - $ - N/A Engineering-Phase III: $ 32,600.00 $ 24.450.00 FY 16 Construction: $ 217.280.00 $ 162.960.00 FY 16 Total: $ 269,440.00 $ 187,410.00 Local Funding Engineering-Phase I: $ - Engineering-Phase II: $ 19,560.00 ROW: $ - Engineering-Phase III: $ 8,150.00 Construction: $ 54,320.00 Total: $ 82.030.00 \\milkyway\EEI_Storage\Docs\Public\Yorkville\2013\Y01328-C 2013 KKCOM Call for Projects\Eng\[2013 STP Application-Cost EStlmate.x1s]MILL STREET LAFO ENGINEERING ENTERPRISES,INC. CONSULTING ENGINEERS SUGAR GROVE,ILLINOIS 2010 STP APPLICATION 0 CIP Reviewed By: Agenda Item Number d J $ •n Legal ❑ Minutes #1 Finance ❑ ESL -� 1836 Engineer ❑ -_� City Administrator El Tracking Number .4 City y Human Resources El Gwn sw �© Community Development ❑ CC 2013-59 � Police ❑ Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Minutes of the City Council—July 23, 2013 Meeting and Date: City Council —August 27, 2013 Synopsis: Approval of Minutes Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Beth Warren City Clerk Name Department Agenda Item Notes: DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,JULY 23,2013 Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Warren called the roll. Ward I Koch Present Colosimo Present Ward II Milschewski Present Kot Present Ward III Frieders Present Funkhouser Absent Ward IV Spears Present(called in) Teeling Present Also present: City Clerk Warren, City Attorney Orr, City Administrator Olson,Police Chief Hart,Deputy Chief of Police Hilt,Public Works Director Dhuse,Finance Director Fredrickson,EEI Engineer Sanderson, Community Development Director Barksdale-Noble,Director of Park and Recreation Schraw, Administrative Intern Weckbach QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Mayor Golinski requested that item#(CC 2013-54) on the Mayor's Report be tabled to the August 13, 2013 City Council meeting. Amendment approved unanimously by a viva voce vote. Mayor Golinski announced that River Road bridge is open. PRESENTATIONS Certificates of Commendation Presented to Officer Roman Soebbing and Community Service Officer Bob Creadeur Mayor Golinski presented a certificate of commendation to Officer Soebbing. Mayor Golinski stated that Community Service Officer Creadeur was not in attendance. City Services Survey Administrative Intern Weckbach gave a power point presentation on the City services survey. PUBLIC HEARINGS 1. PC 2013-04—Priority Health and Body Makeover,Inc.,petitioner,has filed an application with the United City of Yorkville,Kendall County, Illinois,requesting an annexation agreement for an approximately 1.5 acres of total land located in unincorporated Kendall County. The real property consists of two(2)parcels and is generally located immediately west of North Bridge Street(IL Route 47),just north of Walnut Street in Kendall County,Illinois. 2. PC 2013-11 —A fourth amendment to that certain Amended Annexation Agreement and Planned Unit Development Agreement(Raintree Village f/k/a The Highlands Subdivision) dated January 11,2005 by an among Wyndham Deerpoint Homes, an Illinois Partnership, Concord Homes, and the United City of Yorkville for the purpose of amending provisions related to security instruments,procedure for acceptance of public improvements, and building code and fee lock extensions. 3. PC 2013-07—A second amendment to that certain Amended Annexation Agreement and Planned Unit Development Agreement(Grand Reserve Subdivision) dated January 30,2012 by and among Grande Reserve(Chicago)ASLI,L.L.L.P. (Owner), an Illinois Limited Liability Limited Partnership, and the United City of Yorkville,Kendall County, Illinois for the purpose of restating the transition fees for School District#115 and providing for its collection at time of building permit issuance. Please, see attached report of proceedings by the Court Reporter for the public hearing. CITIZEN COMMENTS ON AGENDA ITEMS None. CONSENT AGENDA The Minutes of the Regular Meeting of the City Council—July 23, 2013—Page 2 of 4 1. River Road Bridge Authorization of Contract Changes Nos. IA, 613, 8 and 9—authorize City Administrator to execute (PW 2013-32) 2. Bristol Avenue Water Main Contract Award—award contract to Brandt Builders, Inc. in an amount not to exceed$127,563.00(PW 2013-35) 3. Prairie Gardens Unit 4 Letter of Credit—authorize City Clerk to rescind calling the State Bank of Illinois Letter of Credit No. 2001-27 in the amount of$164,784.74. (PW 2013-26) Mayor Golinski entertained a motion to approve the consent agenda as presented. So moved by Alderman Kot; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-7 Nays-0 Colosimo-aye,Milschewski-aye, Spears-aye, Frieders-aye,Koch-aye, Teeling-aye,Kot-aye MINUTES FOR APPROVAL 1. Minutes of the City Council—July 9,2013 (CC 2013-55) Mayor Golinski entertained a motion to approve the minutes of the regular City Council meeting for July 9,2013 as presented. So moved by Alderman Colosimo; seconded by Alderman Frieders. Minutes approved unanimously by a viva voce vote. BILLS FOR PAYMENT Mayor Golinski stated that the bills were $786,766.28. REPORTS MAYOR'S REPORT Resolution 2013-15 Supplemental MFT Resolution for Maintenance of Streets and Highways for FY14 Road to Better Roads Program (CC 2013-56) Mayor Golinski entertained a motion to approve a supplemental resolution for maintenance of streets and highways by municipality under the Illinois Highway Code and authorize the Mayor and City Clerk to execute. So moved by Alderman Milschewski; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Colosimo-aye,Milschewski-aye, Teeling-aye,Koch-aye,Kot-aye,Frieders-aye PUBLIC WORKS COMMITTEE REPORT Cannonball Trail Roadway Improvements Local Agency Functional Overlay(LAFO) United City of Yorkville,Kendall County,IL Professional Services Agreement-Design Engineering (PW 2013-33) Alderman Teeling made a motion to approve a professional services agreement with Engineering Enterprises,Inc for design engineering on the Cannonball Trail roadway improvements and authorize the Mayor and City Clerk to execute; seconded by Alderman Milschewski. Alderman Colosimo and City Administrator Olson discussed how this may affect the overall budget for 2014. Motion approved by a roll call vote. Ayes-7 Nays-0 Colosimo-aye,Milschewski-aye, Teeling-aye, Koch-aye,Kot-aye,Frieders-aye, Spears-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance 2013-47 Authorizing the Issuance of General Obligation Refunding Bonds (Alternate Revenue Source) of the United City of Yorkville,Kendall County,Illinois,in an Aggregate Principal Amount not to Exceed$2,000,000(Countryside TIF Refinancing) (EDC 2013-19) Mayor Golinski entertained a motion to approve an ordinance authorizing the issuance of general obligation refunding bonds(Alternate Revenue Source)of the United City of Yorkville,Kendall County, The Minutes of the Regular Meeting of the City Council—July 23, 2013—Page 3 of 4 Illinois, in an aggregate principal amount not to exceed$2,000,000, and authorize the Mayor and City Clerk to execute. So moved by Alderman Milschewski; seconded by Alderman Frieders. Alderman Colosimo wanted to clarify that the City is not taking out additional bonds. The City is refinancing old bonds on better terms. Alderman Kot asked what is the significance of the City having the terms of the TIF. City Administrator Olson explained the significance it has on the City. Alderman Colosimo wanted to clarify why this was being done. Motion approved by a roll call vote. Ayes-7 Nays-0 Milschewski-aye, Teeling-aye,Koch-aye, Kot-aye,Frieders-aye, Spears-aye, Colosimo-aye PARK BOARD No report. PLAN COMMISSION No report. ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. COMMUNITY& LIAISON REPORT No report. STAFF REPORT No report. ADDITIONAL BUSINESS None. EXECUTIVE SESSION Mayor Golinski stated that no executive session was needed. Mayor's Report(cont'd): City Administrator Employment Agreement (CC 2013-57) Mayor Golinski entertained a motion to approve a City Administrator employment agreement with Bart Olson and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Frieders. Alderman Kot does not have any problem with this agreement. He said the City had a survey done for all the surrounding communities and he would like that made public so people understand why the City is increasing the salary. Mayor Golinski said the City will give the salary survey to the press, along with the employment agreement. The survey will also be on line. Alderman Colosimo will be voting yes on this agreement. He feels City Administrator Olson does an excellent job. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Colosimo-aye,Milschewski-aye, Teeling-aye, Koch-aye,Kot-aye,Frieders-aye Chief of Police Employment Agreement (CC 2013-58) Mayor Golinski entertained a motion to approve a Chief of Police employment agreement with Richard T. Hart and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Milschewski. Alderman Colosimo stated the police department is the highest rated department in the City of Yorkville. He is very happy with the job that Chief of Police Hart is doing. Motion approved by a roll call vote. Ayes-7 Nays-0 The Minutes of the Regular Meeting of the City Council—July 23, 2013—Pa2e 4 of 4 Spears-aye, Colosimo-aye,Milschewski-aye, Teeling-aye,Koch-aye, Kot-aye,Frieders-aye Approval of a Settlement Agreement (CC 2013-54) Mayor Golinski tabled this agreement to the August 13, 2013 City Council meeting. CITIZEN COMMENTS Erica Rudis,Briarwood Subdivision, spoke in regards to whether the Briarwood Subdivision covenants are void. She wanted to know if the City of Yorkville enforces the covenants for the Briarwood Subdivision. City Attorney Orr stated the City does not own land and has no rights. The City has to look to the home owners association to enforce its own covenants. Vince Rosanova, came on behalf of JAC Kendall Holdings who is the developer of Briarwood Subdivision. He discussed the covenants of the Briarwood Subdivision. Scott Harmon,Raintree Subdivision,raised the concern of the amendment and if it protects the home owners from having a new developer come in and do the same type of downgrading of the project. He asked City Attorney Orr if this amendment protects from this type of issue. City Attorney Orr stated the amendment does not address covenants in the home owners association. The City would have no rights. Ralph Axelrod lives in a community of seven homeowners.A new builder has come in to build on the available lots and is not staying up to the standards that the homeowners hoped to have. He is very concerned about the health of his community due to the truck loads of dirt that have been dumped there due to the Route 47 reconstruction. He is also concerned about his communities property values. ADJOURNMENT Mayor Golinski announced meeting adjourned. Meeting adjourned at 7:53 p.m. Minutes submitted by: Beth Warren, City Clerk, City of Yorkville, Illinois i 1 2 3 UNITED CITY OF YORKVILLE 4 YORKVILLE , ILLINOIS i I 5 i 6 CITY COUNCIL MEETING 7 PUBLIC HEARING 8 I 9 i i i 10 11 800 Game Farm Road i 12 Yorkville , Illinois 13 14 15 Tuesday , July 23 , 2013 16 7 : 00 P . M . I i 17 I I 18 19 i i 20 21 22 i 23 i 24 I I Vitosh ? porting Service 815 . 993 . 2832 cros . vitosh @gmail . com i 2 1 PRESENT : 2 Mr . Gary Golinski , Mayor ; 3 Mr . Carlo Colosimo , Alderman ; 4 Mr . Ken Koch , Alderman ; 5 Ms . Jackie Milschewski , Alderman ; I 6 Mr . Larry Kot , Alderman ; i 7 Mr . Joel Frieders , Alderman ; 8 Ms . Rose Ann Spears , Alderman ; I I 9 Ms . Diane Teeling , Alderman . 10 11 ALSO PRESENT : i 12 Mr . Bart Olson , City Administrator , 13 Ms . Beth Warren , City Clerk , 14 Ms . Kathleen Field Orr , City Attorney . 15 . . . . . 16 I 17 18 i I 19 20 21 22 i i 23 24 I I i Vitosh Reporting Service 815 . 993 . 2832 cros . vitosh @gmail . com 3 1 ( WHEREUPON , the following 2 proceedings were had in 3 public hearing : ) 4 MAYOR GOLINSKI : Next we do have three 5 public hearings , so I would like to tackle the 6 first one . 7 Go into public hearing for PC 8 2013 - 04 , Priority Health & Body Makeover , Inc . , 9 petitioner , has filed an application with the i 10 United City of Yorkville , Kendall County , 11 Illinois , requesting an annexation agreement for 12 approximately 1 . 5 acres of total land located in 13 unincorporated Kendall County . 14 The real property consists of two 15 parcels and is generally located immediately west 16 of North Bridge Street , Illinois Route 47 , just I 17 north of Walnut Street in Kendall County , 18 Illinois . 19 Do we have anyone here from the 20 public who wishes to comment on this item ? 21 ( No response . ) 22 MAYOR GOLINSKI : Anyone from Council 23 have any comments ? 24 ( No response . ) i Vitosh Reporting Service 815 . 993 . 2832 cros . vitosh @gmail . com i 4 1 MAYOR GOLINSKI : If not , we will close 2 the public hearing for PC 2013 - 048 3 Next we will go into public hearing 4 for PC 2013 - 11 , a fourth amendment to that 5 certain Amended Annexation Agreement and Planned 6 Unit Development Agreement ( Raintree Village , I 7 f / k / a The Highlands Subdivision ) dated 8 January 11 , 2005 , by and among Wyndham Deerpoint 9 Homes , an Illinois partnership , Concord Homes , 10 and the United City of Yorkville for the purpose 11 of amending provisions related to security I 12 instruments , procedure for acceptance of public i 13 improvements , and building code and fee lock 14 extensions . 15 Anyone from the public wish to 16 comment on PC 2013 - 11 ? 17 ( No response . ) j 18 MAYOR GOLINSKI : Any Council members i 19 wish to comment on it ? i 20 ( No response . ) i 21 MAYOR GOLINSKI : If not , we will close 22 the public hearing for PC 2013 - 11 . 23 Next one we are going to open and we 24 will continue it until August 13th , so feel free i Vitosh Reporting Service 815 . 993 . 2832 cros . vitosh @gmail . com i i 5 1 to comment now or we will reopen it or I 2 August 13th . 3 So we will go into public hearing 4 for PC 2013 - 07 , a second amendment to that 5 certain Amended Annexation Agreement and Planned I 6 Unit Development Agreement ( Grande Reserve 7 Subdivision ) dated January 30 , 2012 , by and among i 8 Grande Reserve ( Chicago ) ASLI , L . L . L . P . , ( Owner ) , i 9 an Illinois Limited Liability Partnership - - 10 Limited Liability Limited Partnership - - i 11 Is that limited in that or no ? i 12 - - and the United City of Yorkville , 13 Kendall County , Illinois , for the purpose of i 14 restating the transition fees for School District j 15 115 and providing for its collection at time of 16 building permit issuance . ' i 17 Do we have anyone from the public 18 who would wish to comment on PC 2013 - 07 ? 19 ( No response . ) 20 MAYOR GOLINSKI : Anyone from the 21 Council ? 22 ( No response . ) 23 MAYOR GOLINSKI : Hearing none , we will 24 close PC 2013 - - we will continue PC 2013 - 07 Vitosh Deporting Service 815 . 993 . 2832 cros . vitosh @gmail . com li I 6 i 1 until August 13th . 2 ( Which were all the 3 proceedings had in the public i 4 hearing portion of the 5 meeting . ) 6 - - - 000 - - - 7 8 9 10 i 11 12 13 14 i 15 16 17 i 18 19 20 I 21 22 23 i 24 Vitos( Reporting Service 815 . 99392832 cros . vitosh @gmail . com i 7 1 STATE OF ILLINOIS ) i SS . 2 COUNTY OF LASALLE ) 3 I , Christine M . Vitosh , a Certified Shorthand 4 Reporter , do hereby certify that I transcribed I 5 the proceedings had at the pubic hearing and that i 6 the foregoing , Pages 1 through 7 , inclusive , is a I i 7 true , correct and complete computer - generated 8 transcript of the proceedings had at the time and 9 place aforesaid . i 10 I further certify that my certificate annexed I 11 hereto applies to the original transcript and 12 copies thereof , signed and certified under my 13 hand only . I assume no responsibility for the I i 14 accuracy of any reproduced copies not made under 15 my control or direction . I 16 As certification thereof , I have hereunto set 17 my hand this 29th day of July , A . D . , 2013 . i 18 19 20 Christine M . 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ROLL CALL City Clerk Warren called the roll. Ward I Koch Present Colosimo Present Ward II Milschewski Present Kot Present Ward III Frieders Present Funkhouser Present Ward IV Spears Present(called in) Teeling Present Also present: City Clerk Warren, City Attorney Orr, City Administrator Olson,Police Chief Hart, Deputy Chief of Police Klingel,Public Works Director Dhuse,Finance Director Fredrickson,EEI Engineer Sanderson, Community Development Director Barksdale-Noble,Building Code Official Ratos, Director of Park and Recreation Schraw,Administrative Intern Weckbach QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS None. PUBLIC HEARINGS 1. PC 2013-07—A second amendment to that certain Amended Annexation Agreement and Planned Unit Development Agreement(Grand Reserve Subdivision) dated January 30,2012 by and among Grande Reserve(Chicago)ASLI,L.L.L.P. (Owner), an Illinois Limited Liability Limited Partnership, and the United City of Yorkville,Kendall County, Illinois for the purpose of restating the transition fees for School District#115 and providing for its collection at time of building permit issuance. Please, see attached report of proceedings by the Court Reporter for the public hearing. CITIZEN COMMENTS ON AGENDA ITEMS None. CONSENT AGENDA 1. Treasurer's Report for June 2013 (ADM 2013-41) 2. Ordinance 2013-48 Amending the Compensation of Deputy Clerk and Deputy Treasurer— authorize Mayor and City Clerk to execute (ADM 2013-44) 3. Request to Dispose of Two Police Vehicles—authorize Police Department to dispose of a 2008 Ford Crown Victoria and a 2008 Ford Explorer via the bid process (PS 2013-21) 4. Request to Dispose of Three Firearms—authorize Police Department to dispose of two Smith & Wesson Model M&P 15's (Serial#SW 59704 and Serial#SW 58440) and a Sage by Penn Arms Model SL 65 (Serial#M650229) with all remaining ammunition and accessories via trade (PS 2013-22) Mayor Golinski entertained a motion to approve the consent agenda as presented. So moved by Alderman Milschewski; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye,Milschewski-aye, Spears-aye,Frieders-aye, Funkhouser-aye,Koch-aye, Teeling-aye,Kot-aye MINUTES FOR APPROVAL None. BILLS FOR PAYMENT The Minutes of the Regular Meeting of the City Council—August 13, 2013—Page 2 of 4 Mayor Golinski stated that the bills were $1,112,857.56. REPORTS MAYOR'S REPORT No report. PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance Approving a Fourth Amendment to the Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area(Imperial Investments,LLC) (EDC 2013-28) Alderman Koch made a motion to approve an ordinance approving a fourth amendment to the redevelopment agreement for the downtown Yorkville redevelopment project area for Imperial Investments,LLC, and authorize the Mayor and City Clerk to execute; seconded by Alderman Frieders. Alderman Colosimo's biggest concern is there is a front end payment and a back end payment. The front end payment is restricted to the TIF funds. The back end payments are not guaranteed by the TIF. If there is no growth in the TIF then the tax payers are liable for that back end payment. He opposes this ordinance as presented. City Attorney Orr stated that isn't what the ordinance says. The back end payment is from TIF funds. It should never be upon the tax payers. City Administrator Olson stated the concern was if the City commits the pot to a few different developers then the City would have depleted the TIF funds.It was his interpretation that the City still has an obligation with Imperial Investments to make those back end payments whether the TIF budget has funds in it or not.At that point the City is still coding the expense out of the TIF fund but the general fund is doing the short term loan. City Attorney Orr stated that would be the decision of the Council. That is not the commitment written in the agreement. Alderman Colosimo wants it crystal clear what happens if the TIF fund money is not available. He has no intention to borrow any money. City Administrator Olson said the developer was willing to not have a guarantee on the upfront payment but would want a guarantee back end payment.Alderman Funkhouser said the Council hasn't seen the study yet and doesn't know the cost. He does not care for the 80/20 split. He would prefer there be a better compromise. Alderman Kot asked if TIF funds would be available. City Administrator Olson answered his question and said it is subject to Council's discretion. Alderman Kot does not want to see Yorkville's tax payers paying for this. He believes this agreement needs to reflect that. Mayor Golinski stated the agreement already reflects that,but the Council wants to make sure everyone understands it. Alderman Colosimo thinks verbiage needs to be added to explain if the TIF funds aren't there then the developers won't get reimbursed.He wants that perfectly clear as to what the Council's intent is today. City Administrator Olson stated the developers have indicated they would not go into it without a guarantee. Alderman Colosimo stated that is where there is an impasse.Alderman Milschewski wanted to clarify the TIF funds that would be given to the City would be generated from the developers property.Alderman Frieders keeps wondering what the City is going to do with the east side of Route 47. The west side has all these issues that can't be finished because it is such an old part of the infrastructure. The City keeps putting band aids on it. Is there a way to expedite the fact that the equipment is way too old. Also,how does the City do something to benefit the west side to make that more workable but then also learn something for the east side,which needs just as much work. He sees the benefit and understands where the City is coming from with trying to capture the end. He wonders how does the City improve both sides of the street and get rid of that old equipment,while at the same time doing a bit of a favor in putting it underground.At least the equipment will be up to date. City Administrator Olson asked City Attorney Orr if it was a normal part of a development agreement not to guarantee payments from the unobligated portion of the TIF fund. City Attorney Orr stated it is done both ways. Alderman Funkhouser stated if the City does expend the pool for the west side then the east side may not have funding for a sustained amount of time. It is an old infrastructure. A lot of the demands are being put on it by the increased development. The infrastructure was working functional beforehand but the developers are asking for something from the City.He asked if the City is going to take the entirety of the City's balance that are in the TIF funds and provide that to the developers or is the City going to try to do other City projects. He thinks the term should be looked at and try to make this something more economical for the City's TIF district. He would like to see the agreement go back for revisions. Alderman Milschewski agrees with Alderman Funkhouser. Alderman Spears is in agreement with the Council's comments. Alderman Colosimo made a motion to table this to the next City Council meeting for further discussion; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye,Koch-aye,Kot-aye,Frieders-aye The Minutes of the Regular Meeting of the City Council—August 13, 2013—Page 3 of 4 PUBLIC SAFETY COMMITTEE REPORT Ordinance 2013-49 Adopting License Regulations for Pawnbrokers and Resale Dealers (PS 2013-08) Alderman Colosimo make a motion to approve an ordinance adopting license regulations for pawnbrokers and resale dealers, and authorize the Mayor and City Clerk to execute; seconded by Alderman Kot. Alderman Colosimo does not approve of this ordinance and will vote no. Alderman Kot considers this an ordinance that needs to be passed. Alderman Funkhouser will be supporting this ordinance. Alderman Teeling agrees with Alderman Kot and Alderman Funkhouser. Alderman Frieders will vote yes. Motion approved by a roll call vote. Ayes-7 Nays-1 Spears-aye, Colosimo-nay,Funkhouser-aye,Milschewski-aye, Teeling-aye, Koch-aye,Kot-aye,Frieders-aye ADMINISTRATION COMMITTEE REPORT Ordinance Amending the Code of Ordinances Regarding a Garbage Pick Up Surcharge Discount for Seniors (ADM 2013) Alderman Spears made a motion to direct staff to mail a letter to each senior garbage account in the City listing the dates where the ordinance would be first read and voted on and a description of the proposed increase; seconded by Alderman Koch. Alderman Kot clarified this motion authorizes staff to send out letters to the senior citizens advising them that the Council is looking at this ordinance.Alderman Colosimo understands the ordinance modification affects only seniors but thinks this is a City wide issue. It should go out to all residents. Alderman Koch asked if there was a plan for a public hearing. Mayor Golinski stated this will be an open discussion with citizen comments.Alderman Frieders agrees with Alderman Colosimo and Mayor Golinski. Alderman Colosimo made a motion to amend the motion to read that all residents will be sent notice by the City,not just the seniors; seconded by Alderman Milschewski. Mayor Golinski stated roll call on the amendment. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye, Koch-aye,Kot-aye,Frieders-aye, Spears-aye Mayor Golinski called for a roll call vote on the amended motion. Motion approved by a roll call vote. Ayes-8 Nays-0 Koch-aye,Kot-aye,Frieders-aye, Spears-aye, Colosimo-aye,Funkhouser-aye, Milschewski-aye,Teeling-aye PARK BOARD No report. PLAN COMMISSION Priority Health Annexation and Zoning (PC 2013-04 and PC 2013-05) a. Ordinance Authorizing the Execution of an Annexation Agreement b. Ordinance Annexing c. Ordinance Rezoning Mayor Golinski made a motion to table this item to the August 27,2013 City Council meeting. So moved by Alderman Milschewski; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-8 Nays-0 Funkhouser-aye,Milschewski-aye, Teeling-aye,Koch-aye, Kot-aye,Frieders-aye, Spears-aye, Colosimo-aye Raintree Village Amendment to the Amended Annexation and PUD Agreement (PC 2013-11) Ordinance 2013-50 Authorizing the Execution of an Amended Annexation and PUD Agreement Mayor Golinski entertained a motion to approve an ordinance authorizing the execution of an amended annexation and PUD agreement, and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Funkhouser. The Minutes of the Regular Meeting of the City Council—August 13, 2013—Page 4 of 4 Motion approved by a roll call vote. Ayes-8 Nays-0 Teeling-aye,Koch-aye, Kot-aye,Frieders-aye, Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. COMMUNITY& LIAISON REPORT No report. STAFF REPORT No report. ADDITIONAL BUSINESS Closure of Van Emmon Alderman Milschewski asked if there was an estimate of how long Van Emmon Street would be closed. Public Works Director Dhuse answered Alderman Milschewski's question. Bridge Department Alderman Koch and Public Works Director Duhse discussed the bridge. It was not part of the contract, but since the road was closed,the stated thought there was no better time to repair the bridge. EXECUTIVE SESSION Mayor Golinski entertained a motion to go into Executive Session for the purpose of 1. For litigation. 2. Employment. So moved by Alderman Milschewski; seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Milschewski-aye, Colosimo-aye,Kot-aye, Teeling-aye,Koch-aye,Funkhouser-aye,Frieders-aye The City Council entered Executive Session at 7:36 p.m. The City Council returned to regular session at 8:42 p.m. Mayor's Report(cont'd): Approval of a Settlement Agreement (CC 2013-54) Mayor Golinski entertained a motion to approve a settlement agreement with Travelers,Wiseman, Windett Ridge, and Ryland and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Frieders. Motion approved by a roll call vote. Ayes-8 Nays-0 Teeling-aye,Koch-aye,Kot-aye,Frieders-aye, Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye CITIZEN COMMENTS None. ADJOURNMENT Mayor Golinski announced meeting adjourned. Meeting adjourned at 8:43 p.m. Minutes submitted by: Beth Warren, City Clerk, City of Yorkville, Illinois 0 CIP Reviewed By: Agenda Item Number d J $ •n Legal : Bills for Payment Finance ESL -� 1836 Engineer ❑ -_� City Administrator ❑ Tracking Number .4 City y Human Resources E]� wn sw �© Community Development ❑ Police ❑ Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Bills for Payment (Informational): $982,887.38 Meeting and Date: City Council —August 27, 2013 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None—Informational Council Action Requested: Submitted by: Amy Simmons Finance Name Department Agenda Item Notes: DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 515946 AA000003 DANIEL V. TRANSIER 073113 07/31/13 01 POLICE-JULY 17 ADMIN HEARING 01-210-54-00-5467 150.00 INVOICE TOTAL: 150.00 * CHECK TOTAL: 150.00 515947 ACCURINT LEXISNEXIS RISK DATA MGMT. 1249304-20130731 07/31/13 01 POLICE-JULY SEARCHES 01-210-54-00-5462 92.40 INVOICE TOTAL: 92.40 * CHECK TOTAL: 92.40 515948 ADVANDIS ADVANCED DISPOSAL-BATAVIA-TO 700000947382 07/31/13 01 HEALTH & SANITATION-JULY 01-540-54-00-5441 11, 904.36 02 SENIOR SERVICE ** COMMENT ** 03 HEALTH & SANITATION-JULY 01-540-54-00-5442 81,058.83 04 SERVICES ** COMMENT ** INVOICE TOTAL: 92, 963.19 CHECK TOTAL: 92, 963.19 515949 APA AMERICAN PLANNING ASSOCIATION 141669-1355 07/25/13 01 COMM/DEV-APA MEMBERSHIP 01-220-54-00-5460 470.00 02 RENEWAL ** COMMENT ** INVOICE TOTAL: 470.00 CHECK TOTAL: 470.00 515950 APA ISS APA ISS 2013APA 08/15/13 01 COMM/DEV-2013 APA CONFERENCE 01-220-54-00-5412 75.00 02 REGISTRATION ** COMMENT ** INVOICE TOTAL: 75.00 CHECK TOTAL: 75.00 1 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515951 ARAMARK ARAMARK UNIFORM SERVICES 610-8091212 06/25/13 01 STREETS-UNIFORMS 01-410-56-00-5600 23.22 02 WATER OP-UNIFORMS 51-510-56-00-5600 23.22 03 SEWER OP-UNIFORMS 52-520-56-00-5600 23.23 INVOICE TOTAL: 69.67 * 610-8145943 08/06/13 01 STREETS-UNIFORMS 01-410-56-00-5600 24.05 02 WATER OP-UNIFORMS 51-510-56-00-5600 24.05 03 SEWER OP-UNIFORMS 52-520-56-00-5600 24.06 INVOICE TOTAL: 72.16 * 610-8154988 08/13/13 01 STREETS-UNIFORMS 01-410-56-00-5600 23.22 02 WATER OP-UNIFORMS 51-510-56-00-5600 23.22 03 SEWER OP-UNIFORMS 52-520-56-00-5600 23.23 INVOICE TOTAL: 69.67 * CHECK TOTAL: 211.50 515952 ATT AT&T 6305533436-0713 07/25/13 01 POLICE-MONTHLY CHARGES 01-210-54-00-5440 63.51 INVOICE TOTAL: 63.51 * CHECK TOTAL: 63.51 515953 ATTLONG AT&T LONG DISTANCE 828932136-8-0813 08/01/13 01 POLICE-JULY LONG DISTANCE 01-210-54-00-5440 91.28 02 ADMIN-JULY FAX LONG DISTANCE 01-110-54-00-5440 0.87 03 LIBRARY-JULY LONG DISTANCE 82-820-54-00-5440 99.22 INVOICE TOTAL: 191.37 CHECK TOTAL: 191.37 515954 BATTERYS BATTERY SERVICE CORPORATION 2 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515954 BATTERYS BATTERY SERVICE CORPORATION 235729 07/26/13 01 STREETS-BATTERY 01-410-56-00-5628 84.50 INVOICE TOTAL: 84.50 CHECK TOTAL: 84.50 515955 BCBS BLUE CROSS BLUE SHIELD 080813 08/08/13 01 ADMIN-SEPT.2013 HEALTH INS. 01-110-52-00-5216 5,924.84 02 ADMIN-SEPT.2013 ELECTED 01-110-52-00-5235 5,377.20 03 OFFICIAL HEALTH INS. ** COMMENT ** 04 FINANCE-SEPT.2013 HEALTH INS. 01-120-52-00-5216 1,534.94 05 POLICE-SEPT.2013 HEALTH INS. 01-210-52-00-5216 35,048.73 06 COMM/DEV-SEPT.2014 HEALTH INS. 01-220-52-00-5216 3,484.72 07 STREETS-SEPT.2013 HEALTH INS. 01-410-52-00-5216 7,884.25 08 ADMIN SERVICES-SEPT.2013 01-640-52-00-5240 7,040.95 09 RETIREES HEALTH INS. ** COMMENT ** 10 PARKS-SEPT.2013 HEALTH INS. 79-790-52-00-5216 9,070.43 11 RECREATION-SEPT.2013 HEALTH 79-795-52-00-5216 4,973.78 12 INS. ** COMMENT ** 13 WATER OP-SEPT.2013 HEALTH INS. 51-510-52-00-5216 7,408.38 14 SEWER OP-SEPT.2013 HEALTH INS. 52-520-52-00-5216 1,975.27 15 LIBRARY-SEPT.2013 HEALTH INS. 82-820-52-00-5216 6,143.61 INVOICE TOTAL: 95,867.10 CHECK TOTAL: 95,867.10 515956 BEHRD DAVID BEHRENS 072513 07/25/13 01 SEWER OP-REIMBURSMENT FOR 52-520-56-00-5600 50.97 02 JEANS ** COMMENT ** INVOICE TOTAL: 50.97 CHECK TOTAL: 50.97 515957 BKFD BRISTOL KENDALL FIRE DEPART. 3 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515957 BKFD BRISTOL KENDALL FIRE DEPART. 073113-DEV 08/02/13 01 ESCROW-MAY, JUNE & JULY 95-000-24-00-2452 79,700.00 02 2013 DEVELOPMENT FEES ** COMMENT ** INVOICE TOTAL: 79,700.00 CHECK TOTAL: 79,700.00 515958 BNYCORP THE BANK OF NEW YORK 252-1723777 08/01/13 01 WATER OP-PAYING AGENT FEE 51-510-54-00-5498 374.50 02 2005C BONDS ** COMMENT ** INVOICE TOTAL: 374.50 CHECK TOTAL: 374.50 515959 BUILDERS BUILDERS ASPHALT LLC 9931 07/25/13 01 MFT-ASPHALT 15-155-56-00-5634 929.53 INVOICE TOTAL: 929.53 * 9939 07/26/13 01 MFT-ASPHALT 15-155-56-00-5634 319.97 INVOICE TOTAL: 319.97 * 9953 07/29/13 01 MFT-ASPHALT 15-155-56-00-5634 1,190.21 INVOICE TOTAL: 1,190.21 * CHECK TOTAL: 2,439.71 515960 CAMBRIA CAMBRIA SALES COMPANY INC. 34021 08/06/13 01 SEWER OP-PAPER TOWEL 52-520-56-00-5620 55.50 INVOICE TOTAL: 55.50 * 34041 08/12/13 01 ADMIN-TOILET TISSUE, ODOR 01-110-56-00-5610 167.47 02 DEODORIZER, SOAP ** COMMENT ** INVOICE TOTAL: 167.47 * CHECK TOTAL: 222.97 4 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515961 CARGILL CARGILL, INC 2901251640 08/07/13 01 WATER OP-BULK ROCK SALT 51-510-56-00-5638 2, 677.65 INVOICE TOTAL: 2,677.65 CHECK TOTAL: 2, 677.65 515962 CENTRALL CENTRAL LIMESTONE COMPANY, INC 18574 07/31/13 01 STREETS-STONE O1-410-56-00-5620 162.88 02 WATER OP-STONE 51-510-56-00-5620 162.88 03 SEWER OP-STONE 52-520-56-00-5620 162.88 INVOICE TOTAL: 488.64 CHECK TOTAL: 488.64 515963 CINTASFP CINTAS CORPORATION NO. 2 F9400052647 07/22/13 01 WATER OP-QUARTERLY MONITORING 51-510-54-00-5445 195.00 02 AT 610 TOWER LANE ** COMMENT ** INVOICE TOTAL: 195.00 F9400052648 07/22/13 01 WATER OP-QUARTERLY MONITORING 51-510-54-00-5445 195.00 02 AT 2344 TREMONT ** COMMENT ** INVOICE TOTAL: 195.00 F9400052649 07/22/13 01 WATER OP-QUARTERLY MONITORING 51-510-54-00-5445 195.00 02 AT 3299 LEHMAN CROSSING ** COMMENT ** INVOICE TOTAL: 195.00 F9400053262 07/29/13 01 WATER OP-POWER SUPPLY FOR 51-510-54-00-5445 950.00 02 RADIO MONITORING ** COMMENT ** INVOICE TOTAL: 950.00 * F9400053263 07/29/13 01 WATER OP-POWER SUPPLY FOR 51-510-54-00-5445 950.00 02 PANEL ** COMMENT ** INVOICE TOTAL: 950.00 * CHECK TOTAL: 2,485.00 5 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515964 COMCAST COMCAST CABLE 072613-PD 07/26/13 01 POLICE-MONTHLY CABLE 01-210-54-00-5440 4.23 INVOICE TOTAL: 4.23 * CHECK TOTAL: 4.23 515965 COMED COMMONWEALTH EDISON 0185079109-0713 08/02/13 01 WATER OP-420 FAIRHAVEN 51-510-54-00-5480 97.19 INVOICE TOTAL: 97.19 * 0435113116-0713 08/05/13 01 STREETS-LIGHTS 01-410-54-00-5480 58.85 INVOICE TOTAL: 58.85 * 0908014004-0713 08/02/13 01 WATER OP-WELLS 51-510-54-00-5480 41.65 INVOICE TOTAL: 41.65 * 0966038077-0713 08/01/13 01 WATER OP-456 KENNEDY RD. 51-510-54-00-5480 48.78 02 PRESSURE VALVE ** COMMENT ** INVOICE TOTAL: 48.78 * 1183088101-0713 07/31/13 01 SEWER OP-1107 PRAIRIE CROSSING 52-520-54-00-5480 83.36 02 LIFT ** COMMENT ** INVOICE TOTAL: 83.36 * 1407125045-0713 08/06/13 01 SEWER OP-FOXHILL 7 LIFT 52-520-54-00-5480 57.07 INVOICE TOTAL: 57.07 * 2019099044-0713 08/06/13 01 WATER OP-WELLS 51-510-54-00-5480 32.49 INVOICE TOTAL: 32.49 * 2961017043-0713 08/01/13 01 SEWER OPLIFT STATION 52-520-54-00-5480 96.89 INVOICE TOTAL: 96.89 * 4085080033-0713 07/31/13 01 WATER OP-1991 CANNONBALL TRAIL 51-510-54-00-5480 168.55 INVOICE TOTAL: 168.55 * 6 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515965 COMED COMMONWEALTH EDISON 4449087016-0713 08/06/13 01 SEWER OP-LIFT STATIONS 52-520-54-00-5480 617.07 INVOICE TOTAL: 617.07 * 4475093053-0713 08/02/13 01 WATER OP-610 TOWER LANE 51-510-54-00-5480 123.77 INVOICE TOTAL: 123.77 * 7090039005-0713 08/08/13 01 STREETS-LIGHTS O1-410-54-00-5480 18.18 INVOICE TOTAL: 18.18 * CHECK TOTAL: 1,443.85 515966 CONSTELL CONSTELLATION NEW ENERGY 0011002978 08/02/13 01 WATER OP-2921 BRISTOL RIDGE 51-510-54-00-5480 3,737.33 INVOICE TOTAL: 3,737.33 * 0011008768 08/02/13 01 STREETS-1 COUNTRYSIDE PKWY O1-410-54-00-5480 120.44 INVOICE TOTAL: 120.44 * 0011017204 08/03/13 01 WATER OP-610 TOWER LANE 51-510-54-00-5480 5,469.51 INVOICE TOTAL: 5,469.51 * 0011039822 08/05/13 01 SEWER OP-420 FAIRHAVEN 52-520-54-00-5480 718.72 INVOICE TOTAL: 718.72 * CHECK TOTAL: 10,046.00 515967 DAVEAUTO DAVID L CHELSEN 20962 08/01/13 01 POLICE-SQUAD REPAIR 01-210-54-00-5495 309.00 INVOICE TOTAL: 309.00 * CHECK TOTAL: 309.00 515968 EEI ENGINEERING ENTERPRISES, INC. 7 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515968 EEI ENGINEERING ENTERPRISES, INC. 14 07/25/13 01 CW CAPITAL-RIVER ROAD BRIDGE 23-230-60-00-6075 33,743.91 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 33,743.91 * 2-9 REVISED 01/18/13 01 CW CAPITAL-RIVER ROAD BRIDGE 23-230-60-00-6075 652.39 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 652.39 * CHECK TOTAL: 34,396.30 515969 EEI ENGINEERING ENTERPRISES, INC. 52904 07/25/13 01 MFT-RT.47 OFF-STREET PARKING 15-155-60-00-6072 3, 605.00 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 3,605.00 CHECK TOTAL: 3, 605.00 515970 EEI ENGINEERING ENTERPRISES, INC. 52905 07/25/13 01 ADMIN SERVICES-WALSH DRIVE O1-640-54-00-5465 250.50 02 FLOODING ** COMMENT ** INVOICE TOTAL: 250.50 * 52906 07/25/13 01 ADMIN SERVICES-CENTRAL RT.47 01-640-54-00-5465 5,041.25 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 5,041.25 * 52907 07/25/13 01 ADMIN SERVICES-GAME FARM/ 01-640-54-00-5465 657.00 02 SOMONAUK IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 657.00 * 52908 07/25/13 01 ADMIN SERVICES-OVERWEIGHT O1-640-54-00-5465 426.00 02 TRUCK PERMITS ** COMMENT ** INVOICE TOTAL: 426.00 * 8 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515970 EEI ENGINEERING ENTERPRISES, INC. 52909 07/25/13 01 CW CAPITAL-PAVEMENT MANAGEMENT 23-230-54-00-5462 121.00 02 SYSTEM ** COMMENT ** INVOICE TOTAL: 121.00 * 52910 07/25/13 01 ADMIN SERVICES-CANNONBALL & 01-640-54-00-5465 476.00 02 RT.47 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 476.00 * 52911 07/25/13 01 ADMIN SERVICES-KENDALL MARKET 01-640-54-00-5465 854.50 02 PLACE IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 854.50 * 52912 07/25/13 01 ADMIN SERVICES-WHISPERING 01-640-54-00-5465 83.50 02 MEADOWS ** COMMENT ** INVOICE TOTAL: 83.50 * 52913 07/25/13 01 ADMIN SERVICES-WINDETT RIDGE 01-640-54-00-5465 1,335.00 INVOICE TOTAL: 1,335.00 * 52914 07/25/13 01 ADMIN SERVICES-YORKVILLE 01-640-54-00-5465 55.50 02 MARKET SQUARE ** COMMENT ** INVOICE TOTAL: 55.50 * 52915 07/25/13 01 ADMIN SERVICES-RAGING WAVES 01-640-54-00-5465 252.00 INVOICE TOTAL: 252.00 * 52916 07/25/13 01 ADMIN SERVICES-UTILITY PERMIT 01-640-54-00-5465 121.00 02 REVIEWS ** COMMENT ** INVOICE TOTAL: 121.00 * 52917 07/25/13 01 ADMIN SERVICES-AUTUMN CREEK 01-640-54-00-5465 5,017.50 02 UNIT 2A ** COMMENT ** INVOICE TOTAL: 5,017.50 * 52918 07/25/13 01 ADMIN SERVICES-PRESTWICK 01-640-54-00-5465 1,212.00 INVOICE TOTAL: 1,212.00 * 9 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515970 EEI ENGINEERING ENTERPRISES, INC. 52919 07/25/13 01 DEVELOPER ESCROW-KENDALL 90-039-39-00-0111 661.50 02 CROSSING ** COMMENT ** INVOICE TOTAL: 661.50 * 52920 07/25/13 01 DOWNTOWN TIF-SITE REMEDIATION 88-880-60-00-6000 334.00 INVOICE TOTAL: 334.00 * 52921 07/25/13 01 ADMIN SERVICES-CITY OF O1-640-54-00-5465 308.50 02 YORKVILLE GENERAL WORK ** COMMENT ** INVOICE TOTAL: 308.50 * 52922 07/25/13 01 ADMIN SERVICES-MUNICIPAL O1-640-54-00-5465 1,900.00 02 ENGINEERING SERVICES ** COMMENT ** INVOICE TOTAL: 1, 900.00 * 52924 07/25/13 01 DEVELOPER ESCROW-PRESTWICK 90-055-55-00-0111 625.50 02 UNIT 2 ** COMMENT ** INVOICE TOTAL: 625.50 * 52925 07/25/13 01 ADMIN SERVICES-2013 ROAD O1-640-54-00-5465 17,309.40 02 PROGRAM ** COMMENT ** INVOICE TOTAL: 17,309.40 * 52926 07/25/13 01 WATER OP--BRISTOL AVENUE 51-510-60-00-6025 6,869.56 02 WATERMAIN ** COMMENT ** INVOICE TOTAL: 6,869.56 * 52927 07/25/13 01 ADMIN SERVICES-RAINTREE O1-640-54-00-5465 6,805.25 02 VILLAGE ** COMMENT ** INVOICE TOTAL: 6,805.25 * 52928 07/25/13 01 ADMIN SERVICES-259 COMMERCIAL O1-640-54-00-5465 353.50 02 DRIVE - NICOR FACILITY ** COMMENT ** INVOICE TOTAL: 353.50 * 10 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515970 EEI ENGINEERING ENTERPRISES, INC. 52929 07/25/13 01 ADMIN SERVICES-COZY CORNER O1-640-54-00-5465 186.50 INVOICE TOTAL: 186.50 * 52931 07/25/13 01 DEVELOPER ESCROW-PRIORITY 90-043-43-00-0111 161.50 02 HEALTH SITE IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 161.50 * CHECK TOTAL: 51,417.96 515971 FIRST FIRST PLACE RENTAL 240157-1 08/05/13 01 WATER OP-MARKING PAINT 51-510-54-00-5483 189.08 INVOICE TOTAL: 189.08 * CHECK TOTAL: 189.08 515972 GARDKOCH GARDINER KOCH & WEISBERG H-2364C-94387 08/09/13 01 ADMIN SERVICES-KIMBALL HILL O1-640-54-00-5461 1, 627.90 02 MATTERS ** COMMENT ** INVOICE TOTAL: 1,627.90 * H-3055C-94386 08/09/13 01 ADMIN SERVICES-ICCI MATTERS O1-640-54-00-5461 3,000.00 INVOICE TOTAL: 3,000.00 * H-3106C-94388 08/09/13 01 ADMIN SERVICES-TRAVELERS INS. 01-640-54-00-5461 1,980.00 02 MATTERS ** COMMENT ** INVOICE TOTAL: 1, 980.00 * CHECK TOTAL: 6, 607.90 515973 HARRIS HARRIS COMPUTER SYSTEMS MN00002215 07/30/13 01 FINANCE-MAINTENANCE FOR O1-120-54-00-5462 56.25 11 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515973 HARRIS HARRIS COMPUTER SYSTEMS MN00002215 07/30/13 02 TWO ADDITIONAL SERVICES ADDED ** COMMENT ** 03 TO UB MODULE FOR REMAINDER OF ** COMMENT ** 04 AGREEMENT ** COMMENT ** INVOICE TOTAL: 56.25 * XT00003903 07/29/13 01 FINANCE-TWO ADDITIONAL O1-120-54-00-5462 900.00 02 SERVICES INSTALLED ON UB ** COMMENT ** 03 MODULE ** COMMENT ** INVOICE TOTAL: 900.00 * CHECK TOTAL: 956.25 515974 HAWKINS HAWKINS INC 3497679 07/30/13 01 WATER OP-CHEMICALS 51-510-56-00-5638 1,914.68 INVOICE TOTAL: 1, 914.68 * CHECK TOTAL: 1, 914.68 515975 HDBACKHO H.D. BACKHOE SERVICE, LLC 11879 08/06/13 01 SEWER OP-ROD SEWER LINE TO 52-520-56-00-5640 3,029.68 02 STREET, LOCATE LINE AND PLUG ** COMMENT ** INVOICE TOTAL: 3,029.68 CHECK TOTAL: 3,029.68 515976 HOMEDEPO HOME DEPOT 11081 07/23/13 01 POLICE-CONDUIT, WORK BOX, FUSE 01-210-56-00-5640 23.46 02 CONNECTORS ** COMMENT ** INVOICE TOTAL: 23.46 11099 07/23/13 01 POLICE-SQUARE BOX, COVER 01-210-56-00-5640 2.49 INVOICE TOTAL: 2.49 12 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515976 HOMEDEPO HOME DEPOT 12028 08/02/13 01 WATER OP-TEFLON TAPE, NIPPLES, 51-510-56-00-5640 70.90 02 OUTLETS ** COMMENT ** INVOICE TOTAL: 70.90 * 2010115 07/11/13 01 STREETS-FUSES 01-410-56-00-5620 18.02 INVOICE TOTAL: 18.02 * 3010025 07/10/13 01 WATER OP-4IN FLASHING 51-510-56-00-5638 6.15 INVOICE TOTAL: 6.15 * 5010703 07/18/13 01 WATER OP-ADEL70LR 51-510-56-00-5630 269.00 INVOICE TOTAL: 269.00 * 6010595 07/17/13 01 STREETS-SS EDGER 01-410-56-00-5620 6.89 INVOICE TOTAL: 6.89 * CHECK TOTAL: 396.91 515977 HRGREEN HR GREEN 87149 07/09/13 01 ADMIN SERVICES-CANNONBALL & 01-640-54-00-5465 4,441.82 02 RT.47 ** COMMENT ** INVOICE TOTAL: 4,441.82 * CHECK TOTAL: 4,441.82 515978 ILLCO ILLCO, INC. 1281325-1 08/13/13 01 STREETS-FILTER 01-410-56-00-5656 47.45 INVOICE TOTAL: 47.45 * CHECK TOTAL: 47.45 515979 ILTREASU STATE OF ILLINOIS TREASURER 13 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515979 ILTREASU STATE OF ILLINOIS TREASURER 12 08/15/13 01 MFT-RT.47 EXPANSION PYMT #12 15-155-60-00-6079 10,158.33 02 WATER OP-RT.47 EXPANSION PYMT 51-510-60-00-6079 10,757.81 03 #12 ** COMMENT ** 04 SEWER OP-RT.47 EXPANSION PYMT 52-520-60-00-6079 5,564.38 05 #12 ** COMMENT ** 06 DOWNTOWN TIF-RT. 47 EXPANSION 88-880-60-00-6079 1,666.67 07 PYMT #12 ** COMMENT ** INVOICE TOTAL: 28,147.19 CHECK TOTAL: 28,147.19 515980 IPWSOA IPWSOA 0913-CONF 08/15/13 01 WATER OP-IPWSOA CONFERENCE 51-510-54-00-5412 100.00 02 REGISTRATION FOR 1 PERSON ** COMMENT ** INVOICE TOTAL: 100.00 CHECK TOTAL: 100.00 515981 JIFFY WISCONSIN QUICK LUBE 691220 08/07/13 01 POLICE-CAR WASH O1-210-54-00-5495 12.60 INVOICE TOTAL: 12.60 691422 08/12/13 01 POLICE-SYNTHETIC OIL CHANGE, 01-210-54-00-5495 77.98 02 CAR WASH ** COMMENT ** INVOICE TOTAL: 77.98 CHECK TOTAL: 90.58 515982 JIMSTRCK JAMES GRIBBLE 146153 05/06/13 01 STREETS-TRUCK INSPECTION O1-410-54-00-5490 26.00 INVOICE TOTAL: 26.00 CHECK TOTAL: 26.00 14 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515983 JOHNSOIL JOHNSON OIL COMPANY IL NP38683457 08/01/13 01 POLICE-JULY GASOLINE 01-210-56-00-5695 565.26 INVOICE TOTAL: 565.26 CHECK TOTAL: 565.26 515984 KCRECORD KENDALL COUNTY RECORD 22911 07/04/13 01 DEVELOPER ESCROW-PRIORITY 90-044-44-00-0011 38.40 02 HEALTH ANNEXATION PUBLIC ** COMMENT ** 03 HEARING NOTICE ** COMMENT ** 04 ADMIN-PREVAILING WAGE NOTICE 01-110-54-00-5426 10.00 INVOICE TOTAL: 48.40 22930 07/11/13 01 DEVELOPER ESCROW-RAINTREE 90-056-56-00-0011 51.20 02 PUBLIC HEARING NOTICE ** COMMENT ** INVOICE TOTAL: 51.20 23703 07/25/13 01 DEVELOPER ESCROW-MCHUGH 90-054-54-00-0011 52.00 02 REZONING PUBLIC HEARING NOTICE ** COMMENT ** 03 DEVELOPER ESCROW-MIDLAND 90-046-46-00-0011 37.20 04 STATE BANK PUBLIC HEARING ** COMMENT ** 05 NOTICE ** COMMENT ** INVOICE TOTAL: 89.20 CHECK TOTAL: 188.80 515985 KCSHERIF KENDALL CO. SHERIFF'S OFFICE 081613 08/16/13 01 ADMIN-FTA REIMBURSEMENTS 01-000-24-00-2412 1,050.00 INVOICE TOTAL: 1,050.00 CHECK TOTAL: 1,050.00 515986 KENPRINT ANNETTE M. POWELL 15 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515986 KENPRINT ANNETTE M. POWELL 19111 07/29/13 01 COMM/DEV-500 BUSINESS CARDS O1-220-56-00-5620 33.50 INVOICE TOTAL: 33.50 CHECK TOTAL: 33.50 515987 MARYWOOD MARYWOOD LANDSCAPING, INC. 2018 08/01/13 01 SUNFLOWER SSA-MOWING AND TREE 12-112-54-00-5495 1,237.50 02 REMOVAL ** COMMENT ** INVOICE TOTAL: 1,237.50 2019 08/01/13 01 FOX HILL SSA-MOWING & TREE 11-111-54-00-5495 739.33 02 REMOVAL ** COMMENT ** INVOICE TOTAL: 739.33 CHECK TOTAL: 1, 976.83 515988 MCOFFICE MCGRATH OFFICE EQUIPMENT, INC. 102413 08/01/13 01 ADMIN-JULY COPIER LEASE O1-110-54-00-5485 174.44 02 FINANCE-JULY COPIER LEASE 01-120-54-00-5485 139.56 03 COMM/DEV-JULY COPIER LEASE 01-220-54-00-5485 216.75 04 POLICE-JULY COPIER LEASE 01-210-54-00-5485 457.00 05 WATER OP-JULY COPIER LEASE 51-510-54-00-5485 42.00 06 STREETS-JULY COPIER LEASE 01-410-54-00-5485 42.00 07 SEWER OP-JULY COPIER LEASE 52-520-54-00-5485 42.00 08 PARKS-JULY COPIER LEASE 79-790-54-00-5485 78.13 09 RECREATION-JULY COPIER LEASE 79-795-54-00-5485 310.12 INVOICE TOTAL: 1,502.00 102414 08/01/13 01 ADMIN-JULY COPIER COSTS O1-110-54-00-5430 236.49 02 FINANCE-JULY COPIER COSTS 01-120-54-00-5430 78.83 03 COMM/DEV-JULY COPIER COSTS 01-220-54-00-5430 101.01 04 POLICE-JULY COPIER COSTS 01-210-54-00-5430 125.32 16 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515988 MCOFFICE MCGRATH OFFICE EQUIPMENT, INC. 102414 08/01/13 05 WATER OP-JULY COPIER COSTS 51-510-54-00-5430 2.29 06 SEWER OP-JULY COPIER COSTS 52-520-54-00-5430 2.29 07 PARKS-JULY COPIER COSTS 79-790-54-00-5462 18.36 08 RECREATION-JULY COPIER COSTS 79-795-54-00-5462 88.29 INVOICE TOTAL: 652.88 * CHECK TOTAL: 2,154.88 515989 MENLAND MENARDS - YORKVILLE 37639 07/25/13 01 WATER OP-DRILL BIT SET 51-510-56-00-5630 27.48 INVOICE TOTAL: 27.48 * 38530 08/02/13 01 STREETS-BOARD, PRO FRIEZE O1-410-56-00-5640 47.07 02 ALUMINUM ** COMMENT ** INVOICE TOTAL: 47.07 * 38866 08/05/13 01 STREETS-BAG STRAINERS O1-410-56-00-5640 5.96 INVOICE TOTAL: 5.96 * 38888 08/05/13 01 WATER OP-BATTERIES 51-510-54-00-5483 23.94 INVOICE TOTAL: 23.94 * CHECK TOTAL: 104.45 515990 MERLIN DEYCO, INC. 24822 08/01/13 01 POLICE-SEAL TIRE & BALANCE O1-210-54-00-5495 30.00 INVOICE TOTAL: 30.00 * 24878 08/05/13 01 POLICE-TIRE MOUNT & BALANCE O1-210-54-00-5495 30.00 INVOICE TOTAL: 30.00 * CHECK TOTAL: 60.00 17 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515991 METROWES METRO WEST COG 1439 08/07/13 01 ADMIN-LEGISLATIVE BARBECUE O1-110-54-00-5415 28.00 INVOICE TOTAL: 28.00 * CHECK TOTAL: 28.00 515992 NEOPOST NEOFUNDS BY NEOPOST 080613 08/15/13 01 ADMIN-POSTAGE METER REFILL O1-000-14-00-1410 500.00 INVOICE TOTAL: 500.00 * CHECK TOTAL: 500.00 515993 NICOR NICOR GAS 15-41-50-1000 6-0713 08/09/13 01 ADMIN-804 GAME FARM RD O1-110-54-00-5480 95.42 INVOICE TOTAL: 95.42 * 15-63-74-5733 2-0713 08/02/13 01 ADMIN-1955 S. BRIDGE STREET O1-110-54-00-5480 29.94 INVOICE TOTAL: 29.94 * 15-64-61-3532 5-0713 08/07/13 01 ADMIN-1991 CANNONBALL TRAIL O1-110-54-00-5480 29.86 INVOICE TOTAL: 29.86 * 20-52-56-2042 1-0713 08/08/13 01 ADMIN-420 FAIRHAVEN 01-110-54-00-5480 77.51 INVOICE TOTAL: 77.51 * 23-45-91-4862 5-0713 08/02/13 01 ADMIN-101 BRUELL STREET 01-110-54-00-5480 92.57 INVOICE TOTAL: 92.57 * 31-61-67-2493 1-0713 08/07/13 01 ADMIN-276 WINDHAM CIRCLE O1-110-54-00-5480 36.83 INVOICE TOTAL: 36.83 * 45-12-25-4081 3-0713 08/02/13 01 ADMIN-201 W. HYDRAULIC O1-110-54-00-5480 6.37 INVOICE TOTAL: 6.37 * 18 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515993 NICOR NICOR GAS 46-69-47-6727 1-0713 08/07/13 01 ADMIN-1975 BRIDGE STREET O1-110-54-00-5480 80.45 INVOICE TOTAL: 80.45 * 49-25-61-1000 5-0713 08/02/13 01 ADMIN-1 VAN EMMON RD O1-110-54-00-5480 21.97 INVOICE TOTAL: 21.97 * 66-70-44-6942 9-0713 08/08/13 01 ADMIN-100 RAINTREE RD O1-110-54-00-5480 63.52 INVOICE TOTAL: 63.52 * CHECK TOTAL: 534.44 515994 NORTHERN NORTHERN SAFETY CO., INC. 900531748 07/31/13 01 STREETS-FILTERS, MASKS 01-410-56-00-5620 122.95 02 WATER OP-FILTERS, MASKS 51-510-56-00-5620 122.95 03 SEWER OP-FILTERS, MASKS 52-520-56-00-5620 122.95 04 PARKS-FILTERS, MASKS 79-790-56-00-5620 122.96 INVOICE TOTAL: 491.81 CHECK TOTAL: 491.81 515995 OHERRONO RAY O'HERRON COMPANY 1323056-IN 07/30/13 01 VEHICLE & EQUIPMENT-CHARGING 25-205-60-00-6060 26.95 02 UNIT WITH BRACKET ** COMMENT ** INVOICE TOTAL: 26.95 CHECK TOTAL: 26.95 515996 OLSONB BART OLSON 081613 08/16/13 01 ADMIN-FLIGHT REIMBURSEMENT FOR O1-110-54-00-5415 249.80 02 TRAVEL TO ICMA CONFERENCE ** COMMENT ** INVOICE TOTAL: 249.80 CHECK TOTAL: 249.80 19 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515997 ORRK KATHLEEN FIELD ORR & ASSOC. 14087 08/07/13 01 COMM/DEV-MISC LEGAL MATTERS O1-220-54-00-5466 256.50 02 ADMIN SERVICES-BLACKBERRY WOOD 01-640-54-00-5456 304.00 03 ADMIN SERVICES-MISC. LEGAL 01-640-54-00-5456 2,113.75 04 MATTERS ** COMMENT ** 05 ADMIN SERVICES-GRANDE RESERVE 01-640-54-00-5456 408.50 06 ADMIN SERVICES-KENDALL MARKET 01-640-54-00-5456 190.00 07 PLACE ** COMMENT ** 08 ADMIN SERVICES-MEETINGS 01-640-54-00-5456 1,000.00 09 ADMIN SERVICES-WINDETT RIDGE 01-640-54-00-5456 3,030.50 10 PARKS-LEGAL MATTERS 79-790-54-00-5466 1,073.50 11 COUNTRYSIDE TIF-LEGAL MATTERS 87-870-54-00-5420 950.00 12 DOWNTOWN TIF-LEGAL MATTERS 88-880-54-00-5466 1,444.00 13 DEVELOPER ESCROW-PRIORITY 90-044-44-00-0011 47.50 14 HEALTH ** COMMENT ** 15 DEVELOPER ESCROW-MCHUGH 90-054-54-00-0011 285.00 16 DEVELOPER ESCROW-PRESTWICK 90-055-55-00-0011 498.75 17 DEVELOPER ESCROW-RAINTREE 90-056-56-00-0011 2,964.00 18 VILLAGE ** COMMENT ** INVOICE TOTAL: 14,566.00 * CHECK TOTAL: 14,566.00 515998 PARADISE PARADISE CAR WASH 222623 08/02/13 01 POLICE-JULY CAR WASHES O1-210-54-00-5495 16.00 INVOICE TOTAL: 16.00 * CHECK TOTAL: 16.00 515999 PULTE PULTE HOMES 080813 08/08/13 01 ADMIN-TEMP. OCCUPANCY SURETY O1-000-24-00-2415 10,000.00 02 GUARANTEE DEP. REFUND ** COMMENT ** INVOICE TOTAL: 10,000.00 CHECK TOTAL: 10,000.00 20 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516000 QUILL QUILL CORPORATION 4446689 07/31/13 01 ADMIN-MAILING LABELS O1-110-56-00-5610 64.99 INVOICE TOTAL: 64.99 * CHECK TOTAL: 64.99 516001 R0001062 MICHELLE BREYNE 080413 08/07/13 01 ADMIN-BEECHER DEPOSIT REFUND O1-000-24-00-2410 400.00 INVOICE TOTAL: 400.00 * CHECK TOTAL: 400.00 516002 SPEEDWAY SPEEDWAY 1001542438-0813 08/15/13 01 PARKS-JULY GASOLINE 79-790-56-00-5695 2,784.73 02 RECREATION-JULY GASOLINE 79-795-56-00-5695 119.89 03 POLICE-JULY GASOLINE 01-210-56-00-5695 5,967.13 04 WATER OP-JULY GASOLINE 51-510-56-00-5695 795.61 05 SEWER OP-JULY GASOLINE 52-520-56-00-5695 795.61 06 STREETS-JULY GASOLINE 01-410-56-00-5695 795.61 07 COMM/DEV-JULY GASOLINE 01-220-56-00-5695 283.17 INVOICE TOTAL: 11,541.75 * CHECK TOTAL: 11,541.75 516003 STERLING STERLING CODIFIERS, INC. 14000 07/16/13 01 ADMIN-SUPPLEMENT #32 01-110-54-00-5451 260.00 INVOICE TOTAL: 260.00 * CHECK TOTAL: 260.00 516004 TAPCO TAPCO I429163 07/31/13 01 MFT-SIGN 15-155-56-00-5619 57.53 INVOICE TOTAL: 57.53 * CHECK TOTAL: 57.53 21 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516005 TEEJAYSE TEE JAY SERVICE COMPANY, INC 113399 07/30/13 01 STREETS-DOOR REPAIR 01-410-54-00-5446 640.00 INVOICE TOTAL: 640.00 * CHECK TOTAL: 640.00 516006 THERMAST THERMASTOR PRODUCTS GROUP 2631351 RI 08/01/13 01 WATER OP-24 HOUR TIMER 51-510-56-00-5638 59.42 INVOICE TOTAL: 59.42 * CHECK TOTAL: 59.42 516007 UNITSEPT UNITED SEPTIC, INC. 21856 08/08/13 01 SEWER OP-CUT PROTRUDING TRAP 52-520-56-00-5640 500.00 INVOICE TOTAL: 500.00 * CHECK TOTAL: 500.00 516008 VERIZON VERIZON WIRELESS 9709162205 08/01/13 01 COMM/DEV-JULY CELL PHONE 01-220-54-00-5440 176.59 02 POLICE-JULY CELL PHONE 01-210-54-00-5440 731.99 03 PARKS-JULY CELL PHONE 79-790-54-00-5440 150.17 04 RECREATION-JULY CELL PHONE 79-795-54-00-5440 108.00 05 WATER OP-JULY CELL PHONE 51-510-54-00-5440 223.74 06 WATER OP-REPL. RAZR MARX 51-510-56-00-5620 33.33 07 SEWER OP-REPL. RAZR MARX 52-520-56-00-5620 33.33 08 STREETS-REPL. RAZR MAXX 01-410-56-00-5620 33.33 09 SEWER OP-JULY CELL PHONE 52-520-54-00-5440 78.09 10 STREETS-JULY CELL PHONE 01-410-54-00-5440 142.10 INVOICE TOTAL: 1,710.67 CHECK TOTAL: 1,710.67 22 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516009 WAREHOUS WAREHOUSE DIRECT 2011403-0 07/22/13 01 COMM/DEV-LEGAL PADS, BATTERIES O1-220-56-00-5610 34.67 02 CORRECTION FLUID ** COMMENT ** INVOICE TOTAL: 34.67 * 2027048-0 08/06/13 01 POLICE-NOTEBOOKS 01-210-56-00-5610 26.90 INVOICE TOTAL: 26.90 * C2011403-0 07/26/13 01 COMM/DEV-MERCHANDISE RETURN O1-220-56-00-5610 -25.37 02 CREDIT ** COMMENT ** INVOICE TOTAL: -25.37 * CHECK TOTAL: 36.20 516010 WATERSYS WATER SOLUTIONS UNLIMITED, INC 33480 07/26/13 01 WATER OP-PHOSPHATE 51-510-56-00-5638 2,070.00 INVOICE TOTAL: 2,070.00 * CHECK TOTAL: 2,070.00 516011 YBSD YORKVILLE BRISTOL 0551-010326866 07/31/13 01 WATER OP-JULY 2013 FEES 51-510-54-00-5445 8,592.65 INVOICE TOTAL: 8,592.65 * CHECK TOTAL: 8,592.65 516012 YBSD YORKVILLE BRISTOL 073113SF 08/01/13 01 TRUST & AGENCY-JULY 2013 95-000-24-00-2450 196,597.28 02 SANITARY FEES ** COMMENT ** 03 ADMIN-JULY 2013 COLLECTION FEE 01-000-44-00-4405 -9,829.86 04 DUE TO THE CITY ** COMMENT ** INVOICE TOTAL: 186,767.42 CHECK TOTAL: 186,767.42 23 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 24 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516013 YORKACE YORKVILLE ACE & RADIO SHACK 149536 08/01/13 01 POLICE-MIRROR BLIND SPOT 01-210-56-00-5620 4.98 INVOICE TOTAL: 4.98 * 149538 08/01/13 01 VEHICLE & EQUIPMENT-CHIPKEY 25-205-60-00-6070 59.99 INVOICE TOTAL: 59.99 * CHECK TOTAL: 64.97 516014 YORKNAPA YORKVILLE NAPA AUTO PARTS 047592 07/19/13 01 WATER OP-TOW SOCKET 51-510-56-00-5628 13.41 INVOICE TOTAL: 13.41 * 047797 07/22/13 01 WATER OP-FUSE 51-510-56-00-5628 4.68 INVOICE TOTAL: 4.68 * 0479643 08/09/13 01 WATER OP-A/C CONTROL RELAY 51-510-56-00-5628 13.57 INVOICE TOTAL: 13.57 * 049793 08/12/13 01 WATER OP-MERCHANDISE RETURN 51-510-56-00-5628 -13.57 02 CREDIT ** COMMENT ** INVOICE TOTAL: -13.57 * CHECK TOTAL: 18.09 516015 YORKSCHO YORKVILLE SCHOOL DIST #115 073113-LC 08/02/13 01 ESCROW-LAND CASH FOR 95-000-24-00-2453 44,128.96 02 MAY, JUNE & JULY 2013 ** COMMENT ** INVOICE TOTAL: 44,128.96 CHECK TOTAL: 44,128.96 516016 YOUNGM MARLYS J. YOUNG 24 DATE: 08/20/13 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 10:16:45 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/27/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 516016 YOUNGM MARLYS J. YOUNG 071813 08/06/13 01 ADMIN-JULY 18 ADMIN MEETING O1-110-54-00-5462 44.50 02 MINUTES ** COMMENT ** INVOICE TOTAL: 44.50 * 080113 08/09/13 01 ADMIN-AUGUST 1 PUBLIC SAFETY O1-110-54-00-5462 37.00 02 MEETING MINUTES ** COMMENT ** INVOICE TOTAL: 37.00 * 080513 08/11/13 01 ADMIN-AUGUST 5 EDC MEETING O1-110-54-00-5462 54.60 02 MINUTES ** COMMENT ** INVOICE TOTAL: 54.60 * CHECK TOTAL: 136.10 TOTAL AMOUNT PAID: 715,373.36 25 DATE: 08/09/13 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 14:47:43 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 08/09/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515945 MESIROW MESIROW INSURANCE SERVICES INC 804619 04/19/13 01 ADMIN SERVICES-LIQUOR 01-640-52-00-5231 1,050.00 02 LIABILITY RENEWAL ** COMMENT ** INVOICE TOTAL: 1,050.00 CHECK TOTAL: 1,050.00 TOTAL AMOUNT PAID: 1,050.00 26 DATE: 08/14/13 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 15:40:48 MANUAL CHECK REGISTER ID: AP225000.CBL CHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT 131014 KCR KENDALL COUNTY RECORDER'S 08/14/13 166222 08/14/13 01 WATER OP-NOTICES OF WATER LIEN 51-510-54-00-5448 147.00 03 WATER OP-RELEASE WATER LIENS 51-510-54-00-5448 392.00 04 VEHICLE & EQUIPMENT-RELEASE 25-215-54-00-5448 98.00 05 MOWING LIEN, NOTICE OF MOWING ** COMMENT ** 06 LIEN ** COMMENT ** INVOICE TOTAL: 637.00 CHECK TOTAL: 637.00 515944 YORKPOST YORKVILLE POSTMASTER 08/09/13 080913 08/09/13 01 WATER OP-POSTAGE FOR UTILITY 51-510-54-00-5452 365.00 02 PENALTY BILLS FROM 06/30/13 ** COMMENT ** INVOICE TOTAL: 365.00 CHECK TOTAL: 365.00 TOTAL AMOUNT PAID: 1,002.00 27 UNITED CITY OF YORKVILLE PAYROLL SUMMARY 8/16/2013 REGULAR OVERTIME TOTAL IMRF FICA TOTALS MAYOR & LIQ. COM. $ 808.34 $ - $ 808.34 $ - $ 61.84 $ 870.18 CLERK 1,463.33 - 1,463.33 103.36 100.23 1,666.92 TREASURER 512.05 - 512.05 54.95 37.54 604.54 ALDERMAN 3,900.00 - 3,900.00 311.17 275.06 4,486.23 ADMINISTRATION 12,112.07 - 12,112.07 1,299.63 854.00 14,265.70 FINANCE 7,271.27 - 7,271.27 780.19 534.69 8,586.15 POLICE 79,035.18 2,975.83 82,011.01 481.95 6,014.81 88,507.77 COMMUNITY DEV. 7,941.87 - 7,941.87 795.40 576.32 9,313.59 STREETS 11,384.56 - 11,384.56 1,221.57 837.70 13,443.83 WATER 11,989.25 - 11,989.25 1,286.45 870.21 14,145.91 SEWER 5,216.83 - 5,216.83 559.77 392.15 6,168.75 PARKS 17,338.19 - 17,338.19 1,758.25 1,279.01 20,375.45 RECREATION 9,481.86 - 9,481.86 1,011.48 693.11 11,186.45 LIBRARY 16,109.82 - 16,109.82 1,003.61 1,201.77 18,315.20 TOTALS $ 184,564.62 $ 2,975.83 $ 187,540.45 $ 10,667.78 $ 13,728.44 $ 211,936.67 TOTAL PAYROLL $ 211,936.67 28 UNITED CITY OF YORKVILLE CITY COUNCIL BILL LIST SUMMARY Tuesday, August 27, 2013 PA YROLL DATE BI-WEEKLY 8/16/2013 $211,936.67 TOTAL PAYROLL $211,936.67 A CCOUN TS PA YA BL E MANUAL CHECK -#515944-YORKVILLE POST- UTILITY PENALTY BILLS 8/9/2013 $365.00 MANUAL CHECK -#515945-MESIROW - LIQUOR LIABILITY RENEWAL 8/9/2013 $1,050.00 CLERK'S MANUAL CHECK -#131014- KENDALL COUNTY RECORDER 8/14/2013 $637.00 BILLS LIST 8/27/2013 $715,373.36 TOTAL BILLS PAID $717,425.36 DEB T SER VICE PA YMEN TS # IEPA WIRE TRANSFER-1-17-1153 - BILL 28/PRINCIPAL PMT 8/30/2013 $45,179.36 # IEPA WIRE TRANSFER-1-17-1153 - BILL 28/INTEREST PMT 8/30/2013 $8,345.99 TOTAL WIRE TRANSFERS $53,525.35 TOTAL DISBURSEMENTS $982,887.38 * ACH Payments # Wire Payments 29 `� I] CfTy Reviewed By: X06 Legal Agenda Item Number Finance Mayor#1 EST. -� __ti 1838 Engineer City Administrator : Human Resources ❑ Tracking Number ' V.* Community Development 0 Police CC 2013-61 ALE Public Works Agenda Item Summary Memo Title: Windett Ridge PUD Agreement, Second Amendment Meeting and Date: City Council - August 27, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: August 22, 2013 Subject: Windett Ridge Annexation Agreement, second amendment JILL �►�. Summary Approval of a second amendment to the Windett Ridge annexation agreement. Background This item was last discussed the August 13th City Council meeting. At that meeting, the City Council approved a settlement agreement for the Traveler's Windett Ridge Bond Call. Parties to the agreement are Ryland, Wiseman Hughes, Traveler's, Lexon, Windett Ridge LLC and the City. That settlement agreement is contingent upon the City approving a PUD agreement amendment at the August 27th City Council meeting. The summary of the terms of the settlement agreement are: Settlement agreement 1. Payment of all past due and current year property taxes (including SSA taxes by Ryland). We understand a portion of the taxes will go to the reserve fund, development fund, and a portion will be refunded to the residents of the subdivision. 2. Release of all claims between the City, Ryland, Wiseman, Lexon, and Traveler's. 3. Release of mowing liens and fines by the City. 4. Any recapture against the City due to Ryland or Wiseman Hughes would be waived. 5. Any recapture against private entities due to Ryland would not be waived, and the City agrees to act in good faith to get a recapture agreement for past sanitary sewer projects included in the forthcoming PUD agreement. 6. Release of all outstanding securities put forth by Wiseman Hughes, in exchange for security in the appropriate amounts by Ryland, according to the City's codes. The draft PUD agreement amendment is attached. No public hearing is required for the items in the agreement at this time. The agreement does contemplate some future approvals of sign variances. The City will have to conduct hearings on those sign variances at a later date. The terms of the PUD agreement are summarized as follows: 7. Early acceptance of infrastructure by the City. For example, accepting completed roadways before the code-required threshold of 70%buildout of the final plat units within the subdivision. 8. Partial acceptance of infrastructure in the subdivision. For example, accepting all water mains within the final plat unit once all water mains are completed, rather than accepting all infrastructure regardless of type only at time of completion of all infrastructure in the final plat unit. 9. The City park site may be deeded to the City immediately, and may be used by Ryland as a fill stockpile site through October 2017. Ryland agrees to improve the lot to our standards by October 2017 and turn it over to the City by October 2017. Ryland also agrees to pay the City the $50,000 park land-cash payment at the time of turn over to the City in October 2017. 10. Pursuant to the settlement agreement, any recapture against private entities due to Ryland would not be waived, and the City agrees to act in good faith to get a recapture agreement for past sanitary sewer projects included in the forthcoming PUD agreement. 11. The punch-list and EOPC will be appended to the agreement as an exhibit and clarification of what remains to be completed in the subdivision according to the City. We will warrant that the punch-list will be valid for a period of two years. At the expiration of that two-year period, a new punch list will be created based on work completed and any infrastructure deterioration which has not been accepted by the City Council previously. 12. The City acknowledges that security for and completion of parkway improvements (parkway trees, sidewalks) is the obligation of the home builder. Any common area parkway improvements (i.e. sidewalks or parkway trees that are not adjacent to a residential lot) will remain the obligation of the developer, and for which security must be posted. 13. Ryland verifies that any homes built in the subdivision will be in conformance with the CCR's recorded against the property, and that it's homes will be in substantial conformance with the homes that are already built in the subdivision. 14. Ryland will agree to reimburse the HOA for work completed within the subdivision. These costs are muskrat trapping for$2,431, repair of sinkholes in the gravel walking path for$257, and repair to the entrance monument irrigation system for$1,798, $1,897, and$1,316, for a grand total of$7,699. 15. Ryland will post a form of security approved by the City for the increment between the SSA development fund and the City's current EOPC. 16. City building permit fees and development fees will be locked through 2020. 17. City building codes will be locked at their current form through 2020. 18. The City agrees that the temporary sanitary sewer lift station to serve final plat Unit 2 homes will be designed and constructed in such a manner that the lift station will only serve Unit 2. 19. Staff supports the following sign package request by Ryland: a. Sign#1 Entrance Sign with pennants and wind feathers— Sign area exceeds 100 sq. ft. max (proposed 168 sq. ft.)—staff supports b. Burma Shave information signs (compliant) c. Direction Real Estate signs (compliant) d. Sign#2 Community Information (compliant) e. Sign#4 & #5 (compliant) f. Sign#6 Parking Lot Sign (compliant) g. Promotional banners (compliant) h. Community information sign (compliant) i. Offsite Signs i. Offsite signs exceed the 100 sq. ft. max (proposed 200 sq.ft.)—staff supports ii. Offsite signs exceed maximum height of 12 feet (proposed 18 feet)—staff supports as similar sized sign is present at the Kendall Marketplace real estate sized sign. iii. Section 8-11-8-B-3 limits offsite marking signs to a maximum of 4 (6 proposed)— staff supports iv. Section 8-11-8-B-3 requires a minimum distance between signs of/4 mile (proposes 1/8 mile distance)—staff supports 20. The City agrees to permit Ryland to construct on-site model homes and/or sales trailer, if needed. For a variety of reasons, including property tax payment deadlines, Ryland has requested the PUD agreement amendment be approved at this City Council meeting. Failure to approve the agreement at this meeting would put Ryland's ability to develop the property in jeopardy. Failure to approve the agreement would also void the settlement agreement. Recommendation Staff recommends approval of the second amended Windett Ridge annexation agreement. SETTLEMENT AGREEMENT AND MUTUAL RELEASE This SETTLEMENT AGREEMENT AND MUTUAL RELEASE ( the " Acrree ��nent " is made between UNITED CITY OF YORK , ILL E , an Illinois Municipal corpora.tlon Joc.~ au d at 800 erne Farm Road . Yorkville . Ill inoi s 60 60 e ` ` ORI/ VILE E THE P,. YLAND GROUP , 1� . d/b/ a TL1AND HOMES . a Mar �� lan. d ro -p0ratio �� doin �,� busi �� ess in Kendall County . Illinois ( " RYL1AI D WINDETT RIDGE , LL1C ( ` ` WINDETT RIDGE . an Illinois limited liability company , WIS MAN HLIGHES ENTERPRISES , INC . ( " wIS I I T " ) s an Illinois corporation , and TRAVELERS INDEMNI r COO ( " TRAVELERS � a Connecticut corporation coin oF business in the state o1 Illinois ( collec ti vel v , the " arti es " ) . I . WINDETT RIDGE is the owner and WISEMAN is the developer of certain read ro _aer t � p � consisting of approximately 164 acres located rx/ it.hin O VIL,L ' S boundaries ., which is colnmonly known as windett id (,Te. Subdi / ision (; hereinafter 6 ' Su � ect Pi Opeixt 1 " ) . Purst:ta.nt to the .first Amendment to Planned Development Agreement , WISE AID was to Mak certain public infrastructure improvements and a , , for the sai e . I p 2 . Gulf insurance Company issued :fond No . &'Lo 1878117 for certain of the aforementioned public~ impro trernents in the Sul?jec; t Propert . Gulf later mtr , ed into TRAVELERS , which later assumed liability of as Surety under Bond loo . B .11. 1878117 in favor of LJexon .Insurance Companv issued .fond Igo . 1004373) :i�or certain of the afore nIentioned public. improvements in the Subject Property , 4 . O VIL�L1: _filed a lawsuit namilla TRAVELERS anr� WIS MAN as Defy:nda�its in erxdall County , Illinois ... known as Case NUMber ?012 L1 75 (; the " L�aN�rsult " ) % In the La uit , YORKVIL�L E al.leaes that TRAVELERS E breached its obli ( ationS under .fond Now ? 1 878 :117 by failinc, to complete and/or p ay for the completion of the public, improvements covered by the Bond . RYLAND seeps to purchase a portion of the Subject Property from wIN EDT RIDGE ,, , as legally descr bed in .exhibit A to the A (reem.ent , ([ [iereinafter " k. yiand Pro �7ert �<< " } all I as such , R LAND is a potential defendant in the Lawsuit . 6 . The Parties desire to settle and dispose of the a.bo 1e - referenced claims that YORK/ 11..L has against TRAVELERS , WISEMAN . wINDETT MIDGE . and R Y L1AND, and avoid the expense and inconvenience of litigation . ccordingly, the Parties agree as follows : ARTICLE 1 . SETTLEMENT TERMS AND CONDITIONS Sectl' on 1 . 01 Settlement ' ergs . In consideration of and retu . n for a fu11 release of all claims arnon T YORKVILLE , WINDETT f IDLE , WISE ` AN . TRAVELEf- S . and Wi ' .l LAND ., the parties a `yree to the following : a . WISE MAN ,AN , wINDETT 1D - , and R ' LAN agree to waive an it funds dUC W them frorn YORKVILLE on ] it under any and all loans or recapture agreements related to the Su ject Property . This provision does not waive 'A ISE ` . AN ' s and j AND ' s right to capture funds to due to them from third parties Linder the recapture agreements related to the Sul ject Property . h . R AND agrees to pay all outstanding real estate taxes , including hut. not limited to Ir special assessments , due and owing on the R gland Property . c . YORKVILLE agrees to waive all outstanding or contemplated mowing fines and Iiens on the Subject Property including , but not limited to , the .l udcrment obtained in Kendall County Case No . I ) R 4I , entitled "United it �� ;� f Yorkville �� . wri �� det �: Ridge . LLC . d . Yorkville agrees to dismiss with prejudice the Lawsuit . e . Yorkville agrees to release TRAVELERS from its ohli orations under Hoed loo . ' 1878117 . f. '� orkville agrees to release Lexon from all its obligations under fond No . 100 X73, OF `Y' orkville agrees to act in good. faith with respect to the restructure of the SSA ponds as set forth in the Second Amendment to the Planned Unit Development Agre( m nt . Section 1 . 02 Approval of Settlement by lt.r Council . 'his settlement shall be contingent upon the. approval of the settlement and this Agreement by the. York 14A pity Council , Section 3 � � s ass it f the Lawsuit . For and in consideration of the:: n7utc � al covenants and agreements contained herein , within fc) rteen ( 14 ) days after all Parties have executed this AcTreenient and the Cite Council has approved this settleinlent as provided above , the Parties shall execute and file a Stipulation and order of Dismissal with Pr(Judice , dismissim - the Lawsuit ., including claims and. counterclaims , with pre, udice✓ , and with each art r bearing its own attorne, �. Ls ' fees and costs . Section ease . The parties hereby release on another as follows : a . Except for the obligations of RYLAND and they- successors as set forth in this Agreement . YORKVILLE . for itself and its elected and non - elected officials , its mavor and aldermen , agents , employees , successors and a ssigs ( lereinafter " the 'To ,l � � ille in (y Parties , ) , does herehTv release . remise . acquit , hold harmless and forever discharge P. YLAND and its respective officers , directors , shareholders , a -cats . employees , successors and assiQns ( hereinafter " the Yorkville Released parties " � from all causes of action , suits. , debts , liens , obligations ., rights , costs , expenses , compensation , contracts . contributions , indeninitle , agreements ; promises .. damages , interest , attorneys fees , reckonings , bonds , judgments and all claims or demands whatsoever , whether known or unknown , whether in law or ecluit �l , b �/ contract tort ,, common law or pursuant to statute , of whatever bind or however arising , which the ' orl ville Releasing Parties now have or ever had as of the date of the exec. ution of tl:1is A0 7reement ; against the Yorkville Released parties arising out of or relating to the allegations contained in the Complaint filed in the .lawsuit . b . The Yorkville Releasing parties do hereby release , remise ., acquit , gold harmless and forever discharge the Yorkville Released Parties from all caLxses of actions , suits , debts , liens , obligations ; rights , costs , expenses . compensation , contracts , contributions , indemnities , agreemen. ts9 promises , darnage. s , interest , attor�� eys ' fees , reclonings , bonds , jc� dg�r � ent. s and all claims or demands whatsoever , whether known or unl nown. t whether in law or equity b �; rnntmot tort (-I& or "1 �!"�'1or l qxv or 1'1i irQvr1 i f to Qt 4 i ittc� l� �l �7iI ��3 �� tPtfr� r� Vinrl nrt- � tn �� P � � � t r� r-i ci ,r � c� � x � 1r� ir'• 1-) f- Irl � . . v ♦ v v x. i it. .. i • t V x /✓ ♦.� i v •.s. ko Lt .A L a.. `i 1.,! L L.11, a. t� 4 `/ . V x r t 1 %.L L�' % /1 a\ 3 Y- 1 Ll tiJ 1 11 T� f V l,i' V %,/ ,L 1L oL t 1 LJ 2 1 1 �,,, y V V 1 11 �% I ! U Y I � L l.. Yorkville releasing Parties now have or forever have against WI EMAN and its affiliates and WINDETT RIDGE and its affiliates , including Ma Land Cornpan as they relate to the S Uject Property . c: . Except for the obligations of YORKVILLE LE as set forth in this Agreement , RY1... AND for itself and, its respective officers , directors , shareholders , agents * employees , successors and assigns (.hereinafter " Ryland ' s Releasing parties " ) , does hereby release . remise , acquit , hold harmless and forever discharge YORKVILLE and its respective elected and non - elected officials , its mayor and alderman , a �,yents , employees . officers , directors , shareholders , successors , and assignts ( hereinafter " Ryland ' s Released Parties from all causes of, action . Suits . debts , liens . obligatlons , rights , costs , expenses . compensation , contracts . contributions , indemnities , agreements , promises . damages , interest. , attorneys ' fees , reckonin (ys -bonds , judorments aid all ciainl �; or clernands whatsoever ., whether known or unl� noz�� , whether i. n lc�. � or equity , by contract tort , common law or pursuant to statute , of whatever hind or however arising , which the R land ' s Releasing parties now have or ever lead as of the date of the execution of this Agreement ,. against the Ryland ' s Released Parties ari sin cr oL11 Of or relatin c, to the a :llet� ations contained 1E the Complaint filed in the Lawsuit . d . Except fog, the obligations of YORKVILLE as set forth iii this A. (2yreement ., ISE l �N, and its affil liates . and �7��TI .ETT l�� ll� GEs ana, its of finate . inc° lU. di �-� {� �� "�f � ? Lan cr 'g�'y'�{ ��'�y '}{'�� y` jrI A. tf (�'y pF � // C�� '}E, [ � ( y! /`,� {/ 4 �. / 1/, •(p s 7 1 {�I (/ I[ k 1j {p Q!R 6/ @�l. T .. e.ply o 1 Jl 1 �J a Y 1 4 / c d. `\/ .^ t h e �l L t s e 1 T e c O..i.� i �..1. �L� �.J i �-^ �+� LJ p e" 'w' �, k �Y �' `_� f� Y V '�v- L' l,i ♦ � � k. � �, 'l l.� �' ) y 1J, 1 Jt �.a. k'�� 17.� \.� 1' �� L./ l.~ �) q 1 L 2 tmplo ` 1�. esE sucr' essO an ass g s ( n re- inaft.�:�r ,% � s �' �� 1 s aria r! � nC� �,� � � � u of � �� L' � ca �. 11 � � 0, ' arties " � 4 does here } 6 ;- refease , re nis % , acs � .� 1 , held harms ad ll� ire. e �- ciiscl arge Y 'r N`` L , ' fl J E y and its respective elected and non - elected officials , its ma / or and alderman , agents , employees , officers , directors , shareholders , successors , and asst ( IIs ( hereinafter " Wiseman s and Windett Ridge ' s Released Parties " } from all cases of action , SUIts , debts , liens , oblications . rights , costs . expenses , compensation contracts , contributions . indemnities . a � reen� ents , promises , da �� a � es . interest , attomeys ' fees , reckonings , bonds . _ udaments and all claims or demands whatsoever . whether known or unknown . whether in law or ecl uit �� , by contract. , tort . common lave- or purs cant to statute , of whatever kind or however arising, , which the Wiseman ' s and N indet:t Rldo..re ' s Releasing Parties now have or forever have , against the Wiseman ' s and Windett Riche ' s [Released Parties as they relate to the Subject Propert d . Notwithstandinor any provision of any a �,rreement , this Settlement A (- ee- mtnt and Mutual Release does not release RYLAND I rom any obli o7ati ons in connection with the development of the Subject Property ineludin but not limiter to , all obinfations of ' � �� N as set forth in tl e Secor� Amendment to the Planned Unit Development � areement . e . Notwithstanding any other provision , try this AcEreement , ` ORKVI :I LE sloes not release , and express ) preserves fully and to the same extent as if the � � reen� ent had not been executed , anal claims or causes of action &Lrainst I� YLAND for liability , if an �� , incurred that does not arise out of the all.eo - ations contained in the Complaint filed in the Lawsuit . Section 1 . 05 NonmAdmission of l' a ldity . This Ao reernent is the compromise of displltPd clmmc, and fi d1v qnd finally settles all chinas known (-) r unknown among YOR KV I LE z WI:SEMAN . wI:NDETT RIDGE . TRAVELERS . and PRYLAND . stemmina from the L iWSuit _ it. is intended to buy peace and to prevent any further involvements and disputes re (.yardin c the above - referenced natters . :Neither the payment of any consideration hereunder or anythin (T contained in this Ao cement shall be. interpreted or construed to be an admission on the part of or to the prejudice, of, any person or party named herein . Seeflon 1 . 06 Each Party To Bear Its Respective Attorneys ' Fees and Costs . .Each of the parties shall be responsible for its respective costs , expenses and attorneys " fees incurred in the Lawsuit and Enforcement fiction . ARTICLE 11 . GENERAL PROVISIONS Sec �� per f� T � 'hisreen� ent gill tie pverned and : onstr �led in accordance with the laws of the Mate of Illinois without (Yrvin `.y effect to principles of c.° onf'lict of laws . Secs . 2 . 02 Enforcement of Rl' , ts . I.n the event that and, party shall i �� stit.� � tch am action or pr oceedin `r to enforce or interpret any of the. rl (yhts granted or released hereund: ei- , the prevailing part) ins cl1 action or proceeding shall be entitled to recover all of its osts and, ex penses inc � � rred in the action or -proceedi. n �� i � clud ' 11 (� t 1101 fim' ted to r � asonable ��ttc� 1111A , 4, 1-ees and court costs . Section 2 . 03 Va i i y of Reiease . If any party should breach this Aareement by filina. a claim or lawsuit in which such party asserts that the release contained in this Agreement is invalid . such party shall be in breach of this Agreement and shall be ob ig:rated to pad an �l and all attorneys ' fees incurred as a result . Section 2 . 04 evera l Ay0 vertu whenever possible , each provision of the Aorreement shall be interpreted in such a manner as to be valid under applicable lllinoi_ s la \v . but if any provision of the Agreement is held to be invalid or unenforceable for any reason , the rernainin � ►l�ovisions will continue n full force only If the essential provisi- ons of the A (Treement for each party remain valid. , bindin (a , and enforceable . The waiver by either party of a breach of any provision of this Agreement will not operate as a waiver of any other or Subsequent breach . Section 2 . 0 .ea incFs . eadin `7s used in this Agreement are for rel erence ur oses p p only and in no way define or limit the scope of such section or in an way affect this Agreement , Section 2 . 06 Entire Agreenient. This Acyreement sets forth the entire , final , and exclusive a reement between YORKVILLE and YI'. ,AN . All prior netrotiations and agreements ; whether orator written , between `� ORKV ILLS and � . AND are incorporated into this . greet-nent . This Agreement may not be chanced , modified . or altered except by an � agreement its writing. , slgned by the YORKVILLE and RYL1 .� N . The terms of this Agreement are contractual and not a mere recital . Section 2 . 07 Inadmissibility . This Agreement , its execution , and its implementation may not be used as evidence , and shall not be admissible , in any procee d inc. except one allegiijer a breach of this Agreement . Section 2 . 08 Advice of Counsel . The Parties represent and acknowledge that they have had the op ortunity to consult with lecral counsel or other advisors its connection with this Aorreement . The Parties represent and agree that they f lk! understand and consent to the terms of this Agreement and understand the consequences of sinning this Aarecment . No presLIMption in favor of or against any party shall apply in in-terpretin `.4 the terms of this agreement . Section 2 . 09 Successors . This Aereement: shall be binding upon and inure to the benefit of the YoR '_ vlLLE and RYLAND and each of their respective heirs , executors , administrators , ernpiogees , agents , successors , representatives , assigns ,, parent corporations , affiliates , subsidiaries , directors , officers , shareholders and attorneyrs ( and ernployee: s and associates thereof) . Section2 . 10 Counterparts . This agreement nia � be exectcted in counterpart:. . and all such count kiTarts to (2ether shall constitute the entire a �„ regiment between ORKVIL.L E and YLAN . A fared copy of this Agreement will be deeMed to be the sane as an ori (Tin = . Section 2 . ' 1 `ec 11 �� . e ., The effective datf : o ”' tl� i �s �5� (�re � �� sha l �y k ;el be the date of its ext� �' Litlorl. as. stated htalowo . In the eveIM an `4 ' rarlv nerc. � a � 4 �; � � � �' � ;: � c � I �. {:` U"16, a4 reernent of- �� 1✓,AN falls to CX.Mlte tht Secoilt I �k �� ;�� dn� ent t � � the Development Agreement with YORKVILLE for the Ryland property, this agreement shall be null and void.. PLEASE READ CAREFULLY. THIS DOCUMENT INCLUDES RELEASE CLAIMS. THE R''l'LAND GROUP,INC.d/b/a THE UNITED CITY OF YORKVILLE YLAND HOMES J By: By: �d/,l� �, ��!Yza c,�, D/° �D,�2L. U,f0 Its Mayor Date: r//-y Date: WISE1VtAN HUGHES ENTERPRISES, TRAVELERS INDEMNITY CO. I C. By: Date: Date: WINDETT RI E,LLC Date: 6 Development Agreement with YORKVILLE for the Ryland property, this agreement shall be null and void . PLEASE READ CAREFULLY , THIS DOCUMENT INCLUDES RELEASE CLAIMS . THE RYLAND GROUP, INC . d/b / a THE UNITED CITY OF YORKVILLE RYLAND HOMES By : By : Its Mayor Date Date . WISEMAN HUGHES ENTERPRISES , TRAVELERS INDEMNITY CO . INC . By : By Date : Date . WINDETT RIDGE , LLC By • Date : 6 Exhibit A Legal Description PARCEL 1 : LOTS 11 2 , 31 41 51 61 7 , 81 91 15 , 16 , 17 , 18 , 43 , 66 , 67 , 68 , 69 , 73 , 75 , 76 , 78 , 79 , 80, 81 , 82 , 83 , 84 , 85 , 86 , 87 , 88 , 89 , 106 , 107 , 108 , 109 , 110 , 111 , 112 , 113 , 114, 115 , 116 , 117 , 118 , 119 , 120 , 121 , 122 , 123 , 124 , 1271 1281 1291 1301 133 , 134 , 135 , 136 , 137 , 138 , 139 , 140 , 141 , 142 , 143 , 144 , 145 , 146 , 147 , 148 , 149 , 150 , 151 , 152 , 153 , 154 , 155 , 158 , 159 , 161 , 163 , 167 , 168 , 169 , 170 , 171 , 172 , 173 , 174 , 175 , 177 , 180 181 , 186 , 189 , 190 , 193 , 194 , 195 , 196 , 198 , 205 , 206 , 207 , 208 , 209 , 210 , 211 , 212 1214 , 215 , 223 , 229 , 2311 233 , 237 , 241 , 242 , 243 , 244 , 245 , 246 , 248 , 249 , 250 , 251 , 252 , 253 , 254, 255 , 256 , 257 , 258 , 259 , 260 , 261 , 262 , 263 , 264 , 265 , 266 , 267 , 268 , 269 , 270 , 271 , 272 , 273 , 274 , 275 , 276 , AND 277 IN WINDETT RIDGE SUBDIVISION UNIT 1 , ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 13 , 2004 AS DOCUMENT 200400003630 , AND CERTIFICATE OF CORRECTION RECORDED MARCH 12 , 2004 AS DOCUMENT 200400005966 , IN THE UNITED CITY OF YORKVILLE , KENDALL COUNTY, ILLINOIS , PARCEL 2 : THAT PART OF SECTION 9 , TOWNSHIP 36 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST % OF SAID SECTION 9 ; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID NORTHWEST % , 569 . 20 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO . 47 ; THENCE SOUTH 35 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID CENTER LINE , 1062 . 70 FEET TO THE SOUTHERNMOST CORNER OF A TRACT DESCRIBED IN WARRANTY DEED FROM EDNA HALBESMA TO HANNAH GEIGER RECORDED IN BOOK 115 AT PAGE 241 ON DECEMBER 27 , 1957 ; THENCE SOUTH 35 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID CENTER LINE , 323 . 02 FEET; THENCE CONTINUING SOUTH 35 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID CENTER LINE , 484 . 85 FEET TO ITS INTERSECTION WITH THE CENTER LINE OF LEGION ROAD ; THENCE CONTINUING SOUTH 35 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID CENTER LINE AND SAID CENTER LINE EXTENDED , 1925 . 22 FEET; THENCE SOUTH 16 DEGREES 45 MINUTES 00 SECONDS EAST, 126 . 93 FEET TO THE LINE OFAFENCE EXTENDED FROM THE EAST; THENCE NORTH 88 DEGREES 15 MINUTES 14 SECONDS EAST ALONG SAID FENCE LINE AND ITS EXTENSION , 2723 . 16 FEET FOR THE POINT OF BEGINNING ; THENCE NORTH 01 DEGREES 32 MINUTES 33 SECONDS WEST, A DISTANCE OF 219 . 34 FEET; THENCE NORTH 31 DEGREES 32 MINUTES 00 SECONDS WEST, A DISTANCE OF 125 . 77 FEET; THENCE NORTH 53 DEGREES 15 MINUTES 45 SECONDS WEST, A DISTANCE OF 157059 FEET TO A POINT ON A CURVE ; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 438 . 00 FEET AND A CHORD BEARING OF NORTH 37 DEGREES 33 MINUTES 32 SECONDS EAST, AND ARC DISTANCE OF 7 . 40 FEET; THENCE NORTH 37 DEGREES 04 MINUTES 29 SECONDS EAST, A DISTANCE OF 232 . 50 FEET; THENCE SOUTH 52 DEGREES 55 MINUTES 31 SECONDS EAST, A DISTANCE OF 25 . 99 FEET; THENCE NORTH 37 DEGREES 04 MINUTES 29 SECONDS EAST, A DISTANCE OF 145 . 00 FEET TO A POINT ON THE SOUTHWESTERLY LINE , AS OCCUPIED , OF THE OAK HILL FARM AS SHOWN IN A PLAT RECORDED IN PLAT BOOK 5 ON PAGE 16 ( NOW ' SLOT 303 ' ) ; THENCE SOUTH 52 DEGREES 55 MINUTES 30 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE , AS OCCUPIED , OF THE OAK HILL FARM , 421 . 96 FEET TO A LIMESTONE MONUMENT AT THE SOUTHEASTERLY CORNER OF SAID OAK HILL FARM BEING ALSO ON THE EAST LINE OF THE SOUTHEAST % OF SAID SECTION 9 ; THENCE SOUTH 00 DEGREES 02 MINUTES 46 SECONDS WEST ALONG SAID EAST LINE , 445 . 77 FEET TO A POINT ON SAID EAST LINE OF THE SOUTHEAST % OF SAID SECTION 9 WHICH IS 1533 . 84 FEET, AS MEASURED ALONG SAID EAST LINE NORTHERLY OF THE SOUTHEAST CORNER OF SAID SOUTHEAST % ; THENCE SOUTH 88 DEGREES 15 MINUTES 14 SECONDS WEST, A DISTANCE OF 392 . 05 FEET TO THE POINT OF BEGINNING , ALL IN KENDALL COUNTY, ILLINOIS . Ordinance No. 2013- AN ORDINANCE APPROVING THE SECOND AMENDMENT TO THE PLANNED UNIT DEVELOPMENT AGREEMENT (Windett Ridge Subdivision) WHEREAS, Michael Wheeler, Robert E. Davidson, Jr. and George Engel (the "Original Owners") entered into a Planned Unit Development agreement with the United City of Yorkville, Kendall County, Illinois (the "City"), dated June 8, 2000, which contemplated the development of approximately 163.522 acres for both residential and commercial uses (the "Subdivision"), which Planned Unit Development Agreement was amended November 26, 2002 (the "First Amendment") whereby Wiseman-Hughes Enterprises, Inc., was acknowledged as the purchaser and developer of the Subdivision and rezoned portions of the Subdivision from townhomes to single-family residents; and, WHEREAS, a portion of the approximately 163.522 acres was developed and 106 single-family residences were constructed, however, development was discontinued and ownership of the undeveloped portion of the Subdivision was foreclosed upon by the financing entity and has since been available for purchase; and, WHEREAS, Ryland Homes has entered into a contract to purchase that portion of the Subdivision which is zoned for residential purposes (the "Subject Property") and desires to proceed with the development of the Subject Property in accordance with the approved zoning and all commitments undertaken by the Original Owners pursuant to the Planned Unit Development Agreement as amended in 2002 and certain other terms and conditions as set forth in the Second Amendment to the Planned Unit Development Agreement by and between the City and Ryland Homes in the form attached hereto and made a part hereof. Ordinance No.2013- Page 1 NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The SECOND AMENDMENT TO THE PLANNED UNIT DEVELOPMENT AGREEMENT by and between the City and Ryland Homes, attached hereto, is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute said Agreement on behalf of the United City of Yorkville. Section 2. The City Administrator is hereby authorized to undertake any and all action as deemed necessary to implement the terms of said Agreement. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , 2013. CITY CLERK ROSE ANN SPEARS DIANE TEELING KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO JOEL FRIEDERS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2013. MAYOR Ordinance No.2013- Page 2 Clean Version SECOND AMENDMENT TO THE PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS AND THE RYLAND GROUP, INC.,A MARYLAND CORPORATION d/b/a RYLAND HOMES (Windett Ridge Subdivision) This Second Amendment (the "Second Amendment") to that certain Planned Unit Development Agreement by and among the United City of Yorkville, Kendall County, Illinois and Michael Wheeler, Robert E. Davidson, Jr., and George Engel (the "Owners"), dated June 8, 2000, as amended November 26, 2002, is entered into this day of August 2013, by and between the United City of Yorkville, Kendall County, Illinois and The Ryland Group, Inc., a Maryland corporation d/b/a Ryland Homes, ("Ryland Homes"), successor in interest to the Owners. WITNESSETH: WHEREAS, the Owners entered into a Planned Unit Development Agreement in 2000 with the United City of Yorkville, Kendall County, Illinois (the "City") whereby the Owners agreed to develop real property consisting of approximately 163.522 acres, legally described on Exhibit A attached hereto and made a part hereof, primarily for residential use with a portion designated for commercial use all as consistent with the City Zoning Ordinance (the "Windett Ridge Subdivision"); and, WHEREAS, in 2002, the Planned Unit Development Agreement was amended to change the approved zoning for townhomes to the zoning for single-family residences, to amend the area designated for commercial use and such other matters deemed necessary to proceed with the development of the Windett Ridge Subdivision; and, 1 WHEREAS, a portion of the approximately 163.522 acres was developed and 106 single family residences were constructed, however, development was discontinued and ownership of the undeveloped portion of the Windett Ridge Subdivision was foreclosed upon by the financing entity and has since been available for purchase; and, WHEREAS, Ryland Homes has entered into a contract to purchase that portion of the Windett Ridge Subdivision, which is zoned for residential purposes, (approximately 130 acres) legally described on Exhibit B, attached hereto and made a part hereof(the "Subject Property") and desires to proceed with the development of the Subject Property in accordance with the approved zoning and all commitments undertaken by the Owners pursuant to the Planned Unit Development Agreement as amended in 2002 and certain other terms and conditions as hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth, the parties agree as follows: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated into this Agreement as if fully restated. Section 2. Subject Property Affected. This Second Amendment addresses the Subject Property and restates the outstanding commitments and obligations of each of the parties in connection with the development of the Windett Ridge Subdivision. Section 3. Obligations of Ryland Homes for the Planned Unit Development. The Subject Property is zoned as R-2 Single-Family Planned Unit Development, with acreage designated for open space as depicted on the Final Plan of Subdivision prepared by Siebert Engineers, Inc., last revised October 1, 2003, recorded February 13, 2004, as Document 2 No. 20040003630, a copy of which is attached hereto as Exhibit C and made a part hereof(the "Plat of Subdivision"). Ryland Homes hereby affirms that the development of the Subject Property shall be in complete accordance with the Plat of Subdivision and all prior approvals of the City and any governmental unit having jurisdiction over the Subject Property and shall not be requested nor be required to obtain any additional approvals of the City other than permits to be issued by the City Building Department and all other governmental units having jurisdiction over the construction of the Windett Ridge Subdivision. Ryland further covenants and agrees: A. On or before October 31, 2017, to convey to the City by recordable warranty deed, the title to Outlot H, as depicted on the Plat of Subdivisions, free and clear of all liens and encumbrances after Ryland Homes has removed the entire top soil stockpile located thereon and regrade Outlot H for future development as a park(the "Tot Lot"). B. Ryland Homes agrees to pay the City Fifty Thousand Dollars ($50,000.00) for the construction of improvements to said Outlot H on or before October 31, 2017. C. To provide the City with performance bonds or letters of credit in an amount, when added to the balance of the Special Service Area Project Fund for the Windett Ridge Subdivision shall equal the amount required to complete all public improvements plus a twenty percent (20%) contingency as mandated by City Ordinance all as itemized on the Engineer's Opinion of Probable Construction Costs (the "EOPCC") attached hereto as Exhibit D, and made a part hereof. Said security to be provided to the City on or before the City releases any security in the form of performance bonds currently held by it for the benefit of the Windett Ridge Subdivision. 3 D. To install a temporary sales office with landscaping as approved by the City and with a hard surface parking lot for visitors, if Ryland Homes determines there is a need for such sales office. E. To maintain at all times all of the Subject Property by removing debris, and mowing all vegetation and making the necessary improvements to the detention basins until acceptance by the City or acceptance by the Homeowners' Association of Windett Ridge Subdivision. F. To pay to the Homeowners Association of Windett Ridge Subdivision a one-time reimbursement of$2,431 for muskrat trapping, $257 for repair of sinkholes in the gravel walking path and $5,011 for repair to the entrance monument irrigation system for a total of not more than $7,699.00. G. To waive any and all claims against the City for reimbursement for any prepayments, deposits or security held by the City in connection with the Windett Ridge Subdivision. H. To pay to the following fees: 1. $650.00 plus $0.20 per square foot for the Building Permit Fee, due upon issuance of a building permit for such house. 2. $800.00 per house for the water connection fee due upon the issuance of a building permit for such house; 3. $25 per house for a water and sewer inspection fee, due upon issuance of a building permit for such house; 4. $35 per house for a public walks/driveway inspection fee, due upon issuance of a building permit for such house; 5. The Water Meter Cost fee, at the amount in effect at time of issuance of building permit, which is currently between $430.00 and $460.00 per home, due upon issuance of a building permit for such house. This fee shall not be subject to a fee lock and may be 4 increased at anytime during the term of this agreement in the event the cost to the City for water meters and installation increases. 6. $1,050 for the City's Development Fees, due upon the issuance of a building permit for such house. 7. $1,500.00 per house for the School Transition Fee for the next 34- houses to be built in the Windett Ridge Subdivision, payable upon issuance of a building permit for such house; 8. $3,000.00 per house for the School Transition Fee for any house built after a total of 140 houses have been built in the Windett Ridge Subdivision, payable upon issuance of a building permit for such house; and, 9. $12,264.15 due and payable upon execution of this Agreement for Weather Warning Sire Fee. $11,617.50 due and payable upon recordation of the Final Plat for Unit 2 of the Windett Ridge Subdivision for Weather Warning Siren fee. I. To design and construct a lift station sufficient to accommodate the completion of the development of the Windett Ridge Subdivision (16 lots in Unit 2), it being understood that Ryland shall not be required to design and construct such lift station to benefit any other development or subdivision other than the Windett Ridge Subdivision. It is agreed that the enclosure of the lift station shall be sized to accommodate the generator and controls only and shall have vinyl siding or such other siding as approved by the City having a color to blend in with surrounding homes. J. To construct single-family residences which shall conform to the Covenants, Conditions and Restrictions recorded against the Subject Property as of the date hereof and be compatible in appearance with the single-family homes already built in the Windett Ridge Subdivision. 5 K. To complete all items on the EOPCC pertaining to Unit 1 of the Windett Ridge Subdivision in accordance with the applicable City Codes within four (4) years of the date hereof. Section 4. Obligations of the City for the Planned Unit Development. The City hereby covenants and agrees to work with Ryland Homes and further agrees as follows: A. Permit Ryland Homes to install a temporary sales office at the Subject Property should Ryland determine it is in their best interest to have a temporary sales office and the following additional signage: 1. Burma Shave Informational Signs ... 10 per entrance 2. Directional real estate signs ... 2 per street 3. Community Informational Sign (as needed) 4. Parking Lot Signs ... (as needed) 5. Promotional Banners ... (as needed) 6. Upon approval by the City of variances to permit the following additional signs: ➢ Entrance sign exceeding 100 square feet; ➢ Offsite signs exceeding 100 square feet, maximum; ➢ Offsite signs exceeding the maximum height of twelve (12) feet; ➢ Signs within the minimum distance of/a mile as required by Code; and, ➢ Market signs in excess of the maximum of four(4) per Code. B. Pursuant to Section 8-1-2.5 of the Illinois Municipal Code (65 ILCS 8-1-2.5) which authorizes a municipality to appropriate and expend funds for economic development purposes, the City hereby makes the following grants to Ryland Homes in order to induce the completion of the public infrastructure and the residential and business zones of the Windett Ridge Subdivision: 6 I. No fees as currently assessed against the Subject Property shall be increased on or before December 31, 2020, and no additional fees not in effect as of the date hereof shall be applicable to the Subject Property; 2. All applicable City zoning and building codes currently in full force and effect; specifically, Ordinances 2011-32 and 2011-33 shall apply to the Subject Property and no amendment to said City building or zoning Codes shall apply to the Subject Property through December 31, 2020 unless such City building or zoning codes are less restrictive than those currently in full force and effect; and, 3. Notwithstanding the ordinances of the City contrary hereto, the City agrees that security deposits for all improvements or infrastructure shall be reduced upon completion and acceptance of each category of improvement or infrastructure to 100% of the cost of the completed improvements, leaving the original 20% excess of the amount of those improvements as the warranty for a one year period which shall be released after one year following acceptance so long as no repairs or replacement are needed (the "Warranty Period'). The Owners covenant and agree to remain responsible for maintenance and replacement, if necessary, of any surface structure constructed within the Windett Ridge Subdivision until the expiration of the Warranty Period for the last category of public improvement or infrastructure accepted by the City, excluding park improvements as required under Section 3A of this agreement. For purposes of this Second Amendment "surface structure" shall mean any part of any public infrastructure that exists above or extends to the ground surface, thereby making it vulnerable to damage from subsequent structure or maintenance activities. For purposes of this Second Amendment, the following shall each constitute a category of improvement or infrastructure: earthwork, erosion control, water main, sanitary sewer, storm sewer, paving, lighting, common area landscaping and common area sidewalks. C. All security required pursuant to the City Code for parkway improvements may be deposited on a lot by lot basis at the time of application for a building permit and be accepted by the City upon issuance of a certificate of occupancy for such house on the condition security of twenty percent (20%) be retained by the City to guaranty construction for a period of one (1) year from the date of issuance of a certificate of occupancy. 7 D. The City hereby covenants and agrees that no additions to the EOPCC attached hereto as Exhibit D shall be made for a period of twenty-four(24) months from the date hereof. E. The City hereby acknowledges that Ryland Homes hereby anticipates that it shall not be able to meet the requirements of Section 11-5-5(F) of the City's Subdivision Control Ordinances [Title II, Chapter 1, Section 11-5-5(F) of the Yorkville Code of Ordinances'] for Unit 2 which requires completion of all public improvements in a subdivision within four (4) years of initial construction. Ryland believes that completion of all public improvements for Unit 2 shall occur within seven (7) years of initial construction and the City Administrator may permit an extension and to exceed seven (7) years from the initial construction upon written request of Ryland. F. The City agrees to act in good faith to determine the amount of the commitment of the City to the prior owner/developer of the Windett Ridge Subdivision pursuant to the First Amendment to the Planned Unit Development Agreement dated November 26, 2002, to recapture the costs of the sewer project benefitting adjacent properties and thereafter enter into a recapture agreement with the Ryland Homes to satisfy such commitment. Section 5. Procedure for Declaring Defaults. In the event any party defaults in its performance of its obligations set forth in this Agreement, then the non-defaulting parties shall, upon notice to the defaulting party, allow the defaulting party thirty (30) days to cure the default or provide evidence that such default will be cured in a timely manner if it cannot be cured during said period. Notwithstanding the above, in the event of an emergency life, health or safety situation, the City shall have the right, but not the obligation, to enter onto the Subject Property and cure the default without giving Ryland prior notice or an opportunity to cure. 8 Section 6. Remedies for Defaults or Failure of Conditions. Upon a breach of this Agreement, any of the parties, in any court of competent jurisdiction, by an action or proceeding in law or equity, may pursue any and all remedies available at law and in equity, including, but not limited to a writ of mandamus, declaratory judgment or the specific performance of the covenants and agreements herein contained, any monetary damages and any and all other remedies provided by law or equity. Section 7. Ryland Homes hereby affirms its agreement to pay all delinquent real estate taxes and special service area taxes assessed against the Subject Property as a result of the establishment of the Windett Ridge 2003-101 SSA. Upon payment and distribution of said special service area taxes to the City, the following deposits shall be made by the City's Finance Director: (a) first to the SSA 2003-101 Reserve Fund in an amount necessary to fund any deficiency; (b) second to the SSA 2003-101 Bond Fund in an amount necessary to fund any deficiency; (c) third to a special escrow established by the City in an amount sufficient to pay each property owner in the Windett Ridge Subdivision who paid the SSA 2003-101 special service area for levy year 2012 payable in 2013 the sum of $215.11; (d) the balance, if any, to the SSA 2003-101 Project Fund for completion of public improvements per the EOPCC Section 8. Miscellaneous. The parties hereto mutually agree to the following: A. The following payments have been made in full to the City and no further payments are due from Ryland Homes in connection with the construction of single-family residences: 1. $150.00 municipal building development fee per house; 9 2. $1,800.00 Sanitary Sewer Improvement Fee; and, 3. $122.50 per house River Crossing Fee. B. If any section, subsection, term or provision of this Agreement or the application thereof to any parry or circumstance shall, to any extent, be invalid or unenforceable, the remainder of said section, subsection, term or provision of this Development Agreement or the application of same to parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. C. All notices, demands, requests, consents, approvals or other instruments required or permitted by this Agreement shall be in writing and shall be executed by the party or an officer, agent or attorney of the party, and shall be deemed to have been effective as of the date of actual delivery, if delivered personally, or as of the third(3rd) day from and including the date of posting, if mailed by registered or certified mail, return receipt requested, with postage prepaid, addressed as follows: To the Ryland Homes Ryland Homes 1141 East Main Street, Suite 108 East Dundee, Illinois 60118 Attn: John Carroll With a copy to Charles L. Byrum Meltzer Purtell& Steele 300 South Wacker Drive Suite 3500 Chicago, Illinois 60606 To the City United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 With a copy to Kathleen Field Orr, City Attorney 10 Kathleen Field Orr&Associates 53 West Jackson Blvd. Suite 964 Chicago, Illinois 60604 C. This Development Agreement shall be binding upon and inure to the benefit of the parties to this Development Agreement and their respective successors and assigns. D. This Development Agreement may not be assigned by the Developer without the prior written consent of the City. E. Time is of the Essence of this Agreement and all documents, agreements and covenants contained herein shall be performed in a timely manner by the parties hereto. F. This Agreement may be signed in counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. 11 IN WITNESS WHEREOF, the parties hereto have caused this Redevelopment Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois Municipal Corporation By: Mayor Attest: City Clerk Ryland Homes By: President Attest: Secretary 12 Red-lined version SECOND AMENDMENT TO THE KLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE Field Code Changed UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS AND THE RYLAND GROUP,INC.nvAN HOMES,A MARYLAND CORPORATIONa eorporation d/b/a RYLAND HOMES (Windett Ridge Subdivision) This Second Amendment (the "Second Amendment") to that certain Planned Unit Development Agreement by and among the United City of Yorkville, Kendall County, Illinois and Michael Wheeler,Robert E. Davidson,Jr., and George Engel(the"Owners"), dated June 8, 2000, as amended November 26, 2002, is entered into this day of August 2013, by and between the United City of Yorkville, Kendall County, Illinois and The Ryland Group, Inc., a Maryland corporation d/b/a Ryland Homes, ("flyland Homes"), successor in interest to the Formatted:Font:Italic Owners. WITNESSETH: WHEREAS, the Owners entered into a Planned Unit Development Agreement in 2000 with the United City of Yorkville, Kendall County, Illinois (the "City") whereby the Owners agreed to develop real property consisting of approximately 163.522 acres, legally described on Exhibit A attached hereto and made a part hereof, primarily for residential use with a portion designated for commercial use all as consistent with the City Zoning Ordinance (the "Windett Ridge Subdivision");and, WHEREAS,in 2002,the Planned Unit Development Agreement was amended to change the approved zoning for townhomes to the zoning for single-family residences,to amend the area designated for commercial use and such other matters deemed necessary to proceed with the development of the Windett Ridge Subdivision;and, 1 WHEREAS,a portion of the approximately 163.522 acres was developed and 106 single family residences were constructed, however, development was discontinued and ownership of the undeveloped portion of the Windett Ridge Subdivision was foreclosed upon by the financing entity and has since been available for purchase;and, WHEREAS, Ryland Homes has entered into a contract to purchase that portion of the Windett Ridge Subdivision,which is zoned for residential purposes, (approximately::-130 acres) legally described on Exhibit B, attached hereto and made a part hereof(the "Subject Property") and desires to proceed with the development of the Subject Property in accordance with the approved zoning and all commitments undertaken by the Owners pursuant to the Planned Unit Development Agreement as amended in 2002 and certain other terms and conditions as hereinafter set forth. NOW,THEREFORE,in consideration of the mutual covenants and promises herein set forth,the parties agree as follows: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated into this Agreement as if fully restated. Section 2. Subject Property Affected. This Second Amendment addresses the Subject Property and restates the outstanding commitments and obligations of each of the parties in connection with the development of the Windett Ridge Subdivision. Section 3. Obligations of Ryland Homes for the Planned Unit Development. The Subject Property is zoned as R-2 Single-Family Planned Unit Development, with acreage designated for open space as depicted on the Final Plan of Subdivision prepared by Siebert Engineers, Inc., last revised October 1, 2003, recorded February 13, 2004, as Document 2 No. 20040003630, a copy of which is attached hereto as Exhibit C and made a part hereof(the "Plat of Subdivision"). Ryland Homes hereby affirms that the development of the Subject Property shall be in complete accordance with the Plat of Subdivision and all prior approvals of the City and any governmental unit having jurisdiction over the Subject Property and shall not be requested nor be required to obtain any additional approvals of the City other than permits to be issued by the City Building Department and all other governmental units having jurisdiction over the construction of the Windett Ridge Subdivision. Ryland further covenants and agrees: A. On or before October 31, 2017, to convey to the City by recordable warranty deed,the title to Outlot H,as depicted on the Plat of Subdivisions, free and clear of all liens and encumbrances after Ryland Homes has removed the entire top soil stockpile located thereon and regrade Outlot H for future development as a park(the"Tot Lot"). B. Ryland Homes agrees to pay the City Fifty Thousand Dollars($50,000.00)for the construction of improvements to said Outlot H on or before October 31,2017. C. To provide the City with performance bonds or letters of credit in an amount, when added to the balance of the Special Service Area Project Fund for the Windett Ridge Subdivision shall equal the amount required to complete all public improvements plus a twenty percent (20%) contingency as mandated by City Ordinance all as itemized on the Engineer's Opinion of Probable Construction Costs(the"EOPCC")_attached hereto as Exhibit D, and made Formatted:Font:Italic a part hereof. Said security to be provided to the City on or before the City releases any security in the form of performance bonds currently held by it for the benefit of the Windett Ridge Subdivision. 3 D. To install a temporary sales office with landscaping as approved by the City and with a hard surface parking lot for visitors, if Ryland Homes determines there is a need for such sales office. E. To maintain at all times all of the Subject Property by removing debris, and mowing all vegetation and making the necessary improvements to the pr-eeessiag the integfity of the detention basins until acceptance by the City or acceptance by Homeowners'Association of Windett Ridge Subdivision. F. To pay to the Homeowners Association of Windett Ridge Subdivision a one-time reimbursement of$2,431 for muskrat trapping,$257 for repair of sinkholes in the gravel walking path and $5,011 for repair to the entrance monument irrigation system for a total of not more than$7,699.00. GF-z To waive any and all claims against the City for reimbursement for any prepayments, deposits or security held by the City in connection with the Windett Ridge Subdivision. HG. To pay to the following fees: 1. $650.00 plus $0.20 per square foot for the Building Permit Fee, due upon issuance of a building permit for such house. 2. $800.00 per house for the water connection fee due upon the issuance of a building permit for such house; 3. $25 per house for a water and sewer inspection fee, due upon issuance of a building permit for such house; 4. $35 per house for a public walks/driveway inspection fee, due upon issuance of a building permit for such house; 5. The Water Meter Cost fee, at the amount in effect at time of issuance of building permit, which is currently between $430.00 and$460.00 per home, due upon issuance of a building permit for such house. This fee shall not be subject to a fee lock and may be 4 increased at anytime during the term of this agreement in the event the cost to the City for water meters and installation increases. 6. $1,050 for the City's Development Fees, due upon the issuance of a building permit for such house. 7. $1,500.00 per house for the School Transition Fee for the next 34- houses to be built in the Windett Ridge Subdivision,payable upon issuance of a building permit for such house; 8. $3,000.00 per house for the School Transition Fee for any house built after a total of 140 houses have been built in the Windett Ridge Subdivision,payable upon issuance of a building permit for such house;and, 9. $12,264.15 due and payable upon execution of this Agreement for Weather Warning Sire Fee. $11,617.50 due and payable upon recordation of the Final Plat for Unit 2 of the Windett Ridge Subdivision for Weather Warning Siren fee. I14. To design and construct a lift station sufficient to accommodate the completion of the development of the Windett Ridge Subdivision (16 lots in Unit 2), it being understood that Ryland shall not be required to design and construct such lift station to benefit any other development or subdivision other than the Windett Ridge Subdivision. It is agreed that the enclosure of the lift station shall be sized to accommodate the generator and controls only and shall have vinyl siding or such other siding as approved by the City having a color to blend in with surrounding homes. I To construct single-family residences which shall conform to the Covenants, Conditions and Restrictions recorded against the Subject Property as of the date hereof and be compatible in appearance with the single-family homes already built in the Windett Ridge Subdivision. 5 K. To complete all items on the EOPCC pertaining to Unit 1 of the Windett Ridge Subdivision in accordance with the applicable City Codes within four (4) years of the date hereof. Section 4. Obligations of the City for the Planned Unit Development. The City hereby covenants and agrees to work with Ryland Homes and further agrees as follows: A. Permit Ryland Homes to install a temporary sales office at the Subject Property should Ryland determine it is in their best interest to have a temporary sales office and no less than signs on site, direetienal signs to be—legated—at ai d adveAisifig signs, pr-evided that fie sign shall be a digital the following additional si ng age: 1. Burma Shavne Informational Signs ... 10 per entrance 2. Directional real estate signs ... 2 per street 3. Community Informational Sign(as needed) 4. Parkin Lot of Signs ... (as needed) 5. Promotional Banners ... (as needed) 6. Upon approval by the City of variances to permit the following additional signs: ➢ Entrance sign exceeding 100 square feet; ➢ Offsite signs exceeding g 00 square feet,maximum; ➢ Offsite signs exceeding the maximum height of twelve(12)feet; ➢ Signs within the minimum distance of'/4 mile as required by Code; agd ➢ Marketing signs in excess of the maximum of four(4)per Code. B. Pursuant to Section 8-1-2.5 of the Illinois Municipal Code (65 ILCS 8-1-2.5) which authorizes a municipality to appropriate and expend funds for economic development purposes, the City hereby makes the following grants to Ryland Homes in order to induce the 6 completion of the public infrastructure and the residential and business zones of the Windett Ridge Subdivision: 1. No fees as currently assessed against the Subject Property shall be increased on or before December 31, 2020, and no additional fees not in effect as of the date hereof shall be applicable to the Subject Property; 2. All applicable City zoning and building codes currently in full force and effect; specifically, Ordinances 2011-32 and 2011-33 shall apply to the Subject Property and no amendment to said City building or zoning Codes shall apply to the Subject Property through December 31, 2020 unless such City building or zoning codes are less restrictive than those currently in full force and effect;and, 3. Notwithstanding the ordinances of the City contrary hereto, the City agrees that security deposits for all improvements or infrastructure shall be reduced upon completion and acceptance of each category of improvement or infrastructure to 100% of the cost of the completed improvements, leaving the original 20% excess of the amount of those improvements as the warranty for a one year period which shall be released after one year following acceptance so long as no repairs or replacement are needed (the "Warranty Period'). The Owners covenant and agree to remain responsible for maintenance and replacement, if necessary, of any surface structure constructed within the Windett Ridge Subdivision until the expiration of the Warranty Period for the last category of public improvement or infrastructure accepted by the City, excluding park improvements as required under Section 3A of this agreement. For purposes of this Second Amendment "surface structure" shall mean any part of any public infrastructure that exists above or extends to the ground surface, thereby making it vulnerable to damage from subsequent structure or maintenance activities. For purposes of this Second Amendment, the following shall each constitute a category of improvement or infrastructure: earthwork, erosion control, water main, sanitary sewer, storm sewer, paving, lighting, common area landscaping and common area sidewalks. C. All security required pursuant to the City Code for parkway improvements may be deposited on a lot by lot basis at the time of application for a building permit and be accepted by the City upon issuance of a certificate of occupancy for such house on the condition security 7 of twenty percent(20%)be retained by the City to guaranty construction for a period of one(1) year from the date of issuance of a certificate of occupancy. D. The City hereby covenants and agrees that no additions to the EOPCC attached hereto as Exhibit D shall be made for a period of twenty-four 24)months from the date hereof. ED. The City hereby acknowledges that Ryland Homes hereby anticipates that it shall not be able to meet the requirements of Section 11-5-5(F) of the City's Subdivision Control Ordinances[Title II,Chapter 1,Section 11-5-5(F)of the Yorkville Code of Ordinances]for Unit 2 which requires completion of all public improvements in a subdivision within four(4)years of initial construction. Ryland believes that completion of all public improvements for Unit 2 shall occur within seven (7) years of initial construction and the City Administrator may permit an extension and to exceed seven (7) years from the initial construction upon written request of Ryland. F. The City grees to act in good faith to determine the amount of the commitment of the City to the prior owner/developer of the Windett Ridge Subdivision pursuant to the First Amendment to the Planned Unit Development Agreement dated November 26, 2002, to recapture the costs of the sewer project benefitting adjacent properties and thereafter enter into a recapture agreement with the Ryland Homes to satisfy such commitment. Section 5. Procedure for Declaring Defaults. In the event any party defaults in its performance of its obligations set forth in this Agreement, then the non-defaulting parties shall, upon notice to the defaulting party, allow the defaulting party thirty(30)days to cure the default or provide evidence that such default will be cured in a timely manner if it cannot be cured during said period. Notwithstanding the above,in the event of an emergency life,health or safety situation,the City shall have the right,but not the 8 obligation, to enter onto the Subject Property and cure the default without giving Ryland prior notice or an opportunity to cure. Section 6 Remedies for Defaults or Failure of Conditions. Upon a breach of this Agreement, any of the parties, in any court of competent jurisdiction, by an action or proceeding in law or equity, may pursue any and all remedies available at law and in equity, including, but not limited to a writ of mandamus, declaratory judgment or the specific performance of the covenants and agreements herein contained, any monetary damages and any and all other remedies provided by law or equity. Section 7. Ryland Homes hereby affirms its agreement to pay all delinquent real estate Formatted:Font;Bold,italic taxes and special service area taxes assessed against the Subject Property as a result of the establishment of the Windett Ridge 2003-101 SSA. Upon payment and distribution of said special service area taxes to the City,the following deposits shall be made by the City's Finance Director: (a) first to the SSA 2003-101 Reserve Fund in an amount necessary to fund any deficiency; (b) second to the SSA 2003-101 Bond Fund in an amount necessary to fund any deficiency; (c) third to a special escrow established by the City in an amount sufficient to pay_ each property owner in the Windett Ridge Subdivision who paid the SSA 2003-101 special service area for levy year 2012 payable in 2013 the sum of $215.11; (d) the balance, if any, to the SSA 2003-101 Project Fund for completion of public improvements per the EOPCC. Section 8-7. Miscellaneous. The parties hereto mutually agree to the following: 9 A. The following payments have been made in full to the City and no further payments are due from Ryland Homes in connection with the construction of single-family residences: 1. $150.00 municipal building development fee per house; 2. $1,800.00 Sanitary Sewer Improvement Fee;and, 3. $122.50 per house River Crossing Fee. B. If any section, subsection,term or provision of this Agreement or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of said section, subsection, term or provision of this Development Agreement or the application of same to parties or circumstances other than those to which it is held invalid or unenforceable,shall not be affected thereby. C. All notices, demands,requests,consents,approvals or other instruments required or permitted by this Agreement shall be in writing and shall be executed by the party or an officer, agent or attorney of the party, and shall be deemed to have been effective as of the date of actual delivery,if delivered personally,or as of the third(3rd)day from and including the date of posting, if mailed by registered or certified mail, return receipt requested, with postage prepaid,addressed as follows: To the Ryland Homes Ryland Homes 1141 East Main Street,Suite 108 East Dundee,Illinois 60118 Attn: John Carroll With a copy to Charles L.Byrum Meltzer Purtell&Steele 300 South Wacker Drive Suite 3500 10 Chicago,Illinois 60606 To the City United City of Yorkville 800 Game Farm Road Yorkville,Illinois 60560 With a copy to Kathleen Field Orr,City Attorney Kathleen Field Orr&Associates 53 West Jackson Blvd. Suite 964 Chicago,Illinois 60604 C. This Development Agreement shall be binding upon and inure to the benefit of the parties to this Development Agreement and their respective successors and assigns. D. This Development Agreement may not be assigned by the Developer without the prior written consent of the City. E. Time is of the Essence of this Agreement and all documents, agreements and covenants contained herein shall be performed in a timely manner by the parties hereto. F. This Agreement may be signed in counterparts,each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. 11 IN WITNESS WHEREOF, the parties hereto have caused this Redevelopment Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville,an Illinois Municipal Corporation By: Mayor Attest: City Clerk Ryland Homes By: President Attest: Secretary 12 EXHIBIT "A" State of I11i 'l0is ! : SS County of Kendall : This is to certify that we , James M . Olson Associates , Ltd . , Illinois Rea' istPred Land Surveyors , have surveyed that part of Section 9 , Township 3� North Range 7 East of the Third Principal Meridian described as follows : Com �iencing at the Northwest Corner of the Northwest Quarter of said Section 9 ; thence southerly along the West Line of said Northwest Quarter , 569 . 20 feet to the center line of Illinois State Route No . 47 ; thence South 35 °00 ' 00 " East , along said center line , 1062 . 70 feet to the southernmost corner of a tract described in a Warranty Deed from Edna Halbesma to Hannah Geiger recorded in Book 115 at Page 241 on December 274 1957 ; thence South 35 ° 00 ' 00" East , along said center line , 323 . 02 feet ; thence Ilorth 56 ° 20 ' 00 " East , 755 . 43 feet ; thence North 49° 38 ' 57 " East , 525 . 07 •.`eet to the southwesterly line , as occupied , of the Oak Hill Farm as a; hown in a plat recorded in Plat Book 45 on Page 16 ( now " Slot 303 " ) for the point of beginning ; thence South 49 ° 38 ' 57 " West , 525 . 07 ; thence South 56 ° 20 ' 00 " West , 755 , 43 feet to saia center line ; thence South :?5 ° 00 ' 00 " East , along said center line , 484 . 85 feet to its intersection with the center line of Legion Road ; thence South 35 ° 00 ' 00 " East , along said Illinois State Route No . 47 center line and said center line extended . 1925 . 22 feet ; thence South 16° 45 ' 00 " East , 126 . 93 feet to the line o ` a fence extended from the east ; thence North 88 015 ' 14" East along sa ' d fence line and its extension , 3115 . 46 feet to a point on the East Line of the Southeast Quarter of said Section 9 , which is 1533 . 84 feet measured along said East Line ) northerly of the Southeast Corner of sail Southeast Quarter ; thence North 00 ° 02 ' 46 " West , along said East Line . 445 . 77 feet to a limestone monument at the southeasterly corner of said Oak Hill Farm ; thence North 52 ° 55 ' 31 " West , along the southwesterly line , as occupied , of said Oak Hill Farm , 3591 . 35 feet ; ' thence North 16 ° 53 ' 04 " West , along said southwesterly line , as occupied , 655 , 46 feet tot the point of beginning ( excepting therefrom the 50 foot wide right -of way conveyed to the Fox and Illinois Union Railway Company recorded in Dced Record 66 at Page 287 ) all in Kendall Township , Kendall County , Illinois and containing 163 . 522 acres as shown by the plat hereon drawn which i •; a correct representation of said survey . Dated at Yorkville , Illinois January 17 , 1990 JAMES M . OLSON Illinois Registered Land Surveyor No . 2253 JAMES- M . OLSON ASSOCIATES , LTD . 107 West Madison Street Yorkville , Illinois 60560 ( 708 ) 553 - 00bu Exhibit B Legal Description PARCEL11:M LOTS[l,r2,C3,1 4,15,16,17,18,19,115,116,117,118,1 43,166,167,168,169,173,175,176,178,179,180,181,182,C93,184,C85,[86,M 87,M8,[E9,1106,1107,1108,C109,C?110,Ca11,C?112,1113,C?114,1115,[?116,1117,1118,1119,1120,C?121,a22,1123,1124,la 127,[128,[129,[130,[133,[134,[135,[136,[137,[138,[139,[140,[141,[142,[143,1 144,[145,1146,[147,1148,[149,[7 150,[151,[152,[153,[154,[155,[158,[159,[161,[163,[167,[168,[169,[170,[171,C172,C173,C174,M75,C177,C180?? 181,1 186,[189,[190,[193,[194,[195,[196,[198,[205,[206,[107,[7'08,[109,[7'10,[111,[7'12[1214,[7'15,[123,[7'29,[7 231,[233,[237,[241,[242,[143,[244,[245,[246,[248,[249,[150,251,[252,[153,[X254,[155,[256,[157,[258,[159,0 260[261,[262,[263,[264,[265,[266,[267,[268,[269,[270,271,[272,[273,[274,1275,[276,[AND[2773NMINDETTM RIDGE[SUBDIVISIONE UNITE?1,CACCORDINGCTOITHE[PLATITHEREOF ERECORDED[FEBRUARY113,120041A50 DOCU M ENT[200400003630,[AN DMERTI FICATEMFMORRECTION ERECORDEDMAARCH[12,12004[AS[a DOCU M ENT[200400005966,3NQH ECU N ITEDMITY[DFCYORKVI LLE,IKEN DALLMOU NTY,3LLI NOIS.[7 I7 PARCEL[2:I7 THAT[FARTIDFISECTI0NC?@,CT OWNS H IPLS6[N0RTH,[RANGE19[FASTIDFI7H ECTH IRDCFRI NCIPALMAERIDIANI7 DESCRI BEDIASCFOLLOWS:MOM M ENCI NGIATI TH ELFIORTH W ESTMORN E RIDFLTH EIFIORTH W EST[Y4[DFISAI DC7 SECTIONI9;C THENCE[SOUTHERLY IALONGCTHE3NESTCLINECDFI SAIDI FIORTHWEST 3'4,1569.20[FEETQOCTHEL7 CENTERCLINECDFgLLINOIS[STATECROUTER40.1 47;QHENCEISOUTHCSS MEGREESOOMAINUTESMOCSECONDSM EASTIALONGISAIDCEENTERCLINE,[?1062.70[FEETQOU HECSOUTHERNMOSTCEORNERCDF IAITRACTMESCRIBEDO INGWARRANTYMEEDCFROMCEDNA31ALBESMAQORIANNAHCGEIGERIBECORDED INCBOOKII151ATCPAGEM 241[DNIDECEMBER[27,1?1957;[THENCEC SOUTHL SSMEGREES®OMMINUTES M03ECONDSCEASTIALONGISAIDE CENTERI]LINE,C323.02[FEET;I7HENCEI EONTINUING[SOUTHISSIDEGREES MOMAINUTESMOCSECONDSCFASTM ALONG[SAIDMENTER[LINE,1484.85[FEETM-OLMTS3NTERSECTIONWITHCTH EL:ENTERZI NELDF[LEGIONEROAD;M THENCEMONTINUING[SOUTH[SSIDEGREES®OMAINUTES®OI SECONDSIFAST IALONG[SAIDMENTERILINED AND[SAID[:ENTERI LINE[FXTENDED,[1925.22[FEET;[THENCEI SOUTH[16[DEGREES[45MAINUTESI)O[7 SECON DSIFAST,1126.931FEET[TO[TH EILI NEED FIAIF E N CE[EXTE N DEDCFROMUH E[FAST;ITH ENCEIFIORTHIS8[7 DEG REES115MA IN UTES11415ECON DSMASTIALONG[SAI DIFENCEILI N ECAN DIMTSIFXTENSION,I2723.16[FEET[7 FO RQH EIFO I NT[D FIB EG I N N I N G;LTH E N C EIFI O RTHM SID E G R E ES[S 2MA I N UTES[S 3[S E CO N DSL N EST,IAO DI STAN CELDF1 219.34[FEET;QHENCEIN0RTH[S1MEGREES[S2[ AINUTES MO[SECONDSWEST,CAMISTANCED 0F1125.771FEET;1TH ENCEM0RTHIS3IDEGREES1151AI NUTESL X45[SECONDSMEST,MMISTANCELDF1157.590 FEETITOIALFOINTMNIAMURVE;QHENCEE NORTHEASTERLYCALONGCAC:URVEMONCAVEINORTHWESTERLYD HAVINGIAIRADIUSLDF1438.00[FEETI ANDIAMHORD[E EAR INGM FIN 0RTH[S7MEGREES[S3[FAINUTES132M SECON DSLFAST,IAN DCARCMISTANCEIDFg.40IFEET;ITH ENCEIFIORTHIS7MEG REESM4W I N UTES[29I7 SECON DSLFAST,IAMISTANCEMF[232.50[FEET;QHENCEISOUTH[S2MEGREES[S5[FA IN UTESCSILSECONDSM EAST,I AMISTANCECDF[25.99[FEET;QHENCEMORTH[S7I DEGREES M4WINUTES129ISECONDSCFAST,IAM DI STAN CEL DF[145.00IFEETCTOIAIFOINTLDNCTH EISOUTHWESTERLY[LI NE,IASIDCCUPIED,IDFITH E[DAKMH ILLM FAR MI ASISHOWN IMNIAIFLATMECORDED3NIFLATI BOOKLSMN[PAGE[161NOWLASLOT[S03');I7HENCECSOUTHM 52[DEGREES[55WINUTESIBOISECONDS[FASTI ALONGCSAIDI SOUTHWESTERLYCFINE,CASMCCUPIED,MFITHE[] OAK[&iILLIFARM,1421.96IFEETITOIAI LIMESTONE[FAONUMENTI ATITHE ISOUTHEASTERLYIEORNERMFISAIDM OAKM I LUFARMEEEI NGIALSOIDN[TH EIFASTILI N EIDF7FH EISOUTH EAST[3/4IDFISAI DISECTIONI9;QH ENCEI7 SOUTHMOIDEGREESM2ILA I N UTES[46[SECON DSWEST[ALONGISAI DCFASTILI N E,1 445.77[FEETITO[ACFOI NTD ONISAID[FASTILI N E[OFO-H EISOUTH EASTIY4MFISAI DES ECTI0NI@aVH ICHRS11533.84IFEET,IAS[LA EASU REDI7 ALONGISAI DTEASTILI N EENORTH ERLY[DFITH EISOUTH EASTMORN ERIDFISAI DISOUTH EASTW4;LFH E NCE[7 SOUTH[98[DEG REES115MA I N UTES[14[SECON DSWEST,EAMISTANCE[DF[592.05[FEETO-OM-H EIFOI NT[DFM BEG INN ING,CALLIMNIKENDALLMOUNTY,3LLINOIS.[7 Exhibit C STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) RESOLUTION NO. M aM3-3-/ RESOLUTION APPROVING FINAL PLAT FOR UNIT 1 OF WINDETT RIDGE SUBDIVISION WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Final Plat of Unit 1 of Windett Ridge Subdivision; and WHEREAS, City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Final Plat of Subdivision for Unit 1 of Windett Ridge Subdivision; and WHEREAS, a Public Hearing was held before the Plan Commission of the United City of Yorkville for the purposes of approving the Final Plat of Subdivision for Unit 1 of Windett Ridge Subdivision; and WHEREAS, upon do consideration by the Plan Commission of the United City of Yorkville and the City Council of the United City of Yorkville the Final Plat of Subdivision for Unit 1 of Windett Ridge Subdivision is substantially similar to the Preliminary Plat of Subdivision approved by the Plan Commission of the United City of Yorkville and the City Council of the United City of Yorkville; and WHEREAS, upon do consideration by the Plan Commission of the United City of Yorkville and the City Council of the United City of Yorkville, approval of the Final Plat of Subdivision is deemed to be in the best interest of the orderly development of the project, and not harmful to public welfare, surrounding property values, nor injurious to residence of the City: NOW THEREFORE, upon Motion duly made, seconded and approved by a majority of those members of the City Council voting the following action is taken by the City Council: 1 . The Final Plat of Unit 1 of Windett Ridge Subdivision is approved. PASSED and approved this day of v �, , 2003. WANDA OHARE JOSEPH BESCO _ VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ;w� day ofv r a, tv A.D. 20 053 . �7 J��Z r MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of_ fr A.D. 20L3 . Attest¢_; - �; _ 1 `" • ��- �� CIT CLERK Prepared by: Law Offices of Daniel J. Kramer I I 07 S. Bridge Street Yorkville, Illinois 60560 630.553.9500 i - } F INAL PLA T_ OF g 5 4 r ' Monument ,. _ 9 . 8 N T T room DGE SUBDIVISION f � � f . yN UNIT 1 - - ':- NarNwest Corner of ytn,91 � - ` ' ye NorUmest uaner a. . . : r Q y m m .' of Seaton 93&7 w BEING A SUBDIVISION WART OFSECTION 9 TO S y N ^� WN HIP 36NORTH, RANGE 7EAST OFTHE m � L, O THIRDPRINCIPAL MERIDIANINKENDALL COUNTY ILL�TOIS. � 0 W Is -yp, pro - . °KENDALL COUNTY A LONG ROLE w : Q o c5 y u, � 9 N RICHTRADRIONINAGRICULTUREANDRESPECTSTHE 7 F MING - h - 3 Yn . NAT AR __ . y - w g - .. a h e 6° - a CONTI A J NUES TO PLAY !N SHAPING THE ECONOMIC VIABILITY OF 0 'L / u, mo � COUNTY.. 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W A : :,z p. . G a _ o 2. lets less than t # I I a�{ O �, ' . , r m " _ 3.0 P •id „. n 85 wld h mproved T»ttt a 3-at�ii arai3e, sha 1 be , awed \ � g. =s , '" : . 3 � _sa w.; : a - (' s . -,. ,. ... °J .,. _ >ag 1� x N83 5325 W p R . .. . .,, Ss l e . 1 a a 5'.31d and build! _etback. "=N m r of ' b '. Ltm for this,eze ions II ;, 48 e 1 ,:. eY ..g .. ,; a be . b.. 4ua. 9 . '^� . ha _;: ....-s, " A '-�_ . ... , no exceed 1971ot5 ,,,,``\! . �rrfi� 47 ._ , � -. 1 �; es . o' o t A �`v - R -. Vol' _.. � 1 m11N N _ 0 .. a d w u. : 1 ( >N 2 + 3. Lots with I I t e p : E &9E - o m _ lots . 1 ?? 3 Y aF h a 1 Q' 0 deyerd�b by easement, Shall hase;�, l0' bu�dmg s tbac"k m the � ¢. y1 w--\ � . . . 1 o o : rn � vN i .,, ; ! 9 ° �` s3 euBdme ..1y ' , .. ( 1 ::�Y ° 0110 � . yard Where the easement Ls Iocatcd. . „ .- \ '�, ;:: d r3 I° : $' f'�:\ 9 A=67.661 1 `1 t-s at s`?5 R . 30.00' -': .r l v - 4. Lots 85' m Width or, Wider, and not improved 3,etall r a, shah ave a ! a s d rd. r > ( p h P . . O? ag -,h a eya '��y ,z. a 'S oT ^+l ta• i 8.._ dui u;9 \ { �P 5. Lots 00 through 105 are not included m this Und. '- (/ m 17: a>I la t^ 1 � 1 1 S Millais \ P d� 6. Lots.A; B, and 5 Sliall not have timed vehicular Au�ss}o Route A7. � :_ . � N '� F :" R - d w 2 \ :. � o°- -<- .. S y J : / •S : t.° Y3\/ . ,� \ t im. \ I' ,,, . ar°> Td 7. lots I . 16, 35, 3G-5hali not have D,rect vehicular Access to Wotdett=` a Road. : . ', s, oa �. „ b ,�\\ / T. .> ,g1. / . . `f�•. : ' t > , . a h' , . dg 0 :. <'aas : : ' ..cQ. .,>1�. 5¢.b9/ /. tip\, \ O 11 �bD,,J .7 !' f z � : . . .tin '_ 1p'• 8. There are no lets C. D, t P. 0 :d=st _ 5 3. / .. So 6 / / o \a: 1 ttl�s 1 ':! ', o . . „a S - '.; 9: All tots within this subdrvlslonare included Wl then the Untied G of Y Ir, 5 eaal "9 6 / / / / O•. . 4 \aia i :, ,, '> 1 4 !-' < t , r; Service Area. Number, 20 OI. 'and are suY ect to an an v .fax rev accord C\ 2 1 _ '¢ \ / . .. .,: 1 z J n al ,. gm _ . . arrxwth 0 ". i _ / / a o- o - :.. h: f _J / ,1 o- a " 3.76 TherovlslOn of Ordinance NdZ003 b6 - . OrdmanLtEstabS -m Uru I ' . . ... . / -- o ! 2 , P _5 h An sit g ted CI of led for l e P -.. J. ;/L1i'P . \- & ...,.. e .- .e i5 - s ! _ _ S t O _ > a o ecut :Area Numbea2003 _I01. ado ted the .G Counctt nn Au ust i 2 2003 and h '. . 5 - '� y� h .. ecor ?-n the r if' f II ty O - {•� r d i Records s O Ice o iCenda Count :on 5 tuber I , 2003 as Dowi t - e t - .o � ._.. . . V / `talc . o/ ,.. mo 00300032747 / �p ��iJ, ° 3 � !1 a .� !. :' g� S e 9 m !/ :I 6 i3 . : . N +i :. =°.t 'f :a \ A ne : \ �+ �` . : W 1 14 � ' \ - A=50. R=35.00, ♦ ' �n C OP ? .o 17 is \ : R 193.53 R=35.00 00, SIEBERT ( 5 , . A-15.87. >. S8 rna ENGIlVEERS INC. WIN ETTERlOG q 4= � a rY 2 .-: .. � . : �. t Y / A 69 U lit- ., ..- . :.. -: : ? s : \ . ., oo. '.._ ... ,. � / / 8 A 22.31 . . _.. ' 26 EISEA LANE"" ; Ti _. S , - _ .yz' �.. .._ >p v t . . . .. MOWER 0148 17L0 _. : .. - - A 68.54 ,.s . . . /c .. - RO , ... -r. .8 / / . � \ R-55.00 . .,,_. - :. r 1 _- LOMBAR ILLINOIS 6 48 r \ 1 \ 2 o v / r i f > , _ : : PNONE. 630 268-0175 6 .. a _ N FAX 630 268- 594 ( . S . . ! R 193.53 . _x _ O � � ) 9 o t 4 J , . \ ¢ ! 1r . _ ru R _ R ILLINOIS PRI e o w _.j' OFESSIONAL DESIGN FIRM VA °o \ ti ! t o t sa . O0.. . -._ 2 / ,-f c � NUMBER 1 4 007134 •;: L•e�' WINDERERIDGE , . - . ,. $ `b / : .Ylnl f� .. Y\ y i -' .9.0 b cf N F n r . \ ° j Monument v m f`-, ua MAP KEY s LOCATION MAP ) : lat. T N \ v COPYRIGHT N , - • _ . . Q 2003 -. - r . : ) 5 ;� ;. . > " ..,. . , :. . SIEBERT ENGINEERS. Inc. ManT Not to Scale \ , 5 2' \ f ) � ; .a � � : \ ALL RIGHTS RESERVED ; J 519.. No. Revision issue.. . Dote CAD File 6105base < Cr ISELYtA H GRE ., Gonrrate ;u. _ 975 East 22nd Street Start Date 12-2-02 A Issued for Review - = 02-14-03 Man�nmt 1: khe on Illinois 60187 .; � at I - i E SuB W1 a B Revised PI Co 6Re ew -05 30.03 � WIND TT RIDGE DIVISON Drawn b R /d J R 1 Per amm� unG vi _ .. v B l ' I ,0. = COMMERICALSfTE > UNTT I WJ O Desl Vied R C Revised Per Yorkville R vl 07-01-03 EX hon Pmka Rpnn B by aY( s F 6105' Checked TEH D Revised Unit 1 & 2 07-21-03 200400003630 I ;: \ $ j; Data Filed for Record in i2-6 2002 KENDALL COUNTY, ILLINOIS F Approved TEH E Revised Per Yorkville Review 08-21=03 PAUL RNDER50 Rol, i - '.'>s, P 02-13-2004 Rt 03: 15 ) u. 1 of 4 \ s ,, Charge 8205 F Revised Per Yorkville Review 10-01-03 PLAT pF 5UA 62. 0 , g n I ♦ t' = to0' 1 100 I < < T:1CXr17la0Ws110D-109,81051d+r9'BtO5wbu2.Mp. Vege /. 10/272b303.5RFi0 Pl.1, !. , - - „ . - .. ._ - , a•.. . , ,. , ,, . , __ 1peykov . . . .. , . :, 3333 ., .. ,,, i i , FINAL PLAT F - y . - 1 Found bran PIpa1D S.Ety TT RIDGE S UBDIVI ION UNIT 1 Con Mono ant Line.:. NDE S 18,)11)1 South Line of OAK HILL FARM y 2fnfBey 9 5 M . ' T �s BEING A SUBDIVISION OFPART OF SECTION 9, TOjVNSIIIP36 NOR H, RANGE 7 EAST OF THE .'� N i °q` wo aEq THD PRINCRAL MERIDIAN ID I 7NK_E ND ALL, ILLINOIS, > ,26 6SS 4 6, °04 ?. N W Msas: L : : Ole m O W p � - S UAREFOOTAGE TABLE 3 { sa7 .Q O N . opanF .y1 . :/568 ?t 7Z 6E ? - N rn (y• Public OPen Space/ a. 141 < . '. - cm1 tY • 6r/ / !. 16.45_ _:) .o p m 54 Ii`,` /\ 3 rm / e Lo Arco Lot Area Lot Arco Lot Area Y Y - Storm water ,.or �y g. ,. ; Lot n h 53 . ,a/ / (S q. Ft ) . # (s Ft.) (sq. Ft.) # (sq. Ft.) 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I 1 / . ;. 1: ' 66 0 3 a r ;: . . .: c . C}) / �, / - R' o , e agka _ A A.7 / 4J/ - mi 1O / ". B :, ,.. ;,- :. Y z > 5 : .. : '9r � A.,1 :' I '; •2p _ 3 T '. / •v / I. J :- / . . : . / cP k . / o- 223 . ! 9 cC / a / � :,. ti 7G / ✓ SUTTON wINDETTEa RIDGE UNIT � . a. . t. . 00 A � 7 D ENA 5 . 14 \, a / - a/ � • _- 22 .. _.. ' .� F} 75.! 229_t h. b y 3 w t: m a e Ha y\ 8@ 30 I i as I +, < . •� R< �r <. „ 229 yr _ zs A< 2s` ! � h 1594 / s k ro �i r. s s ! � a - �r , Ns u e v R 215 ry d , u°r. 3 Leg IoR wINDETTERIDGE \ / s UNIT 2 " I; ; S \ ri a �h � \ t5 <1• : ,,•• \ M ¢� ! _ . m a / • err = m c ° W 3� & v e � e 0 ` .Op 1 , :y / y / 88 , F F n y onaete o m ! 225 ,_ �I Ic Snument !, -r V y n " KY LOCATION" LOT G Pubic Open s pa / - s, ell Ma Not to Scale . . P :Storm Water ;> Management Easement '. a , and Public Utility & Drainage Easement - -„ - ec end �a IEBE T WISEMAN HUGBES I No . Rev7slon�lssile Date File 6105base 30' Buddm Line Unless otherm5e as Noted ) CAD a 9 - f - „ ENGINEERS, INC.V22nd Street - - - - _- - - 975 East 22 Publc Ut,h 4 Drama a Easement ( PU. f D.E: ) : ,„ . M . e 02. 14-0 3 utility 9 d for Review Millais 60187 _ A Issue _: � Wheaton, III n ' Start Date 122-02 _. .• red .> utias�axowrxz�5sounL :. ,,. � .-. . . NOTE All Side Yard Easements are 5 F.U.P.U._E. D.E.. Unless-Othe w¢se No _ i _ - , y 1 . . .:, ". ;;, L06ffiAttD,ILLINOIS 6014% ' I Ain Arc LC th WINDETT RIDGE SUBDWISON .: ERONB (6302 8-95945 Court I Revtew 05.30-03 „ i RW1 da B ' " Revised Per Planning CO 1 _ _ - ' R= PadmS - ` ": Drawrlby / J - : ., , FAX (630) 468-9594 UNIT I ' ,• -'.. ® :. r RWJ 07 '' .. NUMBER 7O173S Pm• 6105 Concrete Monument { t(N08 PROFFSSIONALDFSIGN]3RD Designed by C Revlsed Per Planning Co un t I ewe w NOTES: - : ' F 22.-03 1. Iron Pr es To Be Set Upon 60% Completion of Con5tnu,{ed AcGubeS. ", ,7 Checked TEH D Revised Unit 1 &2 7 p, - -: - ' 2 90 tiir h 105 are not included m this Urut. , a`• A 0010 Lots oug V 12-6-2002 • 08-21-03 is A 8 and 5 Shall not have Direct Vehmular•'Access tk:Iimas Reute47. ,- sne Per Cl Revsw 0821-03 3. -0 L Rev P r City: Approved TEH 1 a it Vefi ' lar Access Wmdett kd a Read. : - '. :�, - pP - 4. Lots 1 : 16. 35, 36 Shall not have. Direct cu g -. - . 1 t . . . , 11 1 - 5-- There no Lots C. D. 1 - P COPYRIGFi'r.�© 200.1 - Sink ' :� Q ) �} a - 11}01-03 1: .. --10� ` x, i, = 100,, _ Charge 8205 Revised Per City Review - SIPBER7 ENGINEW', li 0.- : - ' , : ALLRIGNLS RESERVED I _ 1 AL �'LA , : I I T GF WIE '�' RID I ' ll _ GE S U� IISIO I�' NUN 1 E A'SUBDIVISION $ M OFPART OFSECTIQN9, TOWNSHP36NQRTH, RRNGE 7EAST OFTHE TMD PRINCIPAL MERIDIAN KENDALL CO IN L11VT'Y, ILLINOIS. ' h Y 3 / • / a / \ v of oo _ . . t^_. . 1 1 ;. I .. . / 00 :. / I Ofj _ .. . . o v- \, '. . . / ^. / a _. a a : . _: ) . : � .., A � : .: ? @_ ;? 3 _ 2 2 .. -- s A m /, N ) 1 H < 1 3 <\ 835.00 � t v io 20 •s A. / 223 r 4a o / .,: 213 .'1'' r \/ •r h . e F ! / oo v / y 1 / -. , <33305 I -.; / - . :,c -. . / 7 : 92.0 < '- .Ob/ 8 / y... /.. a RE _ > > 2 _ _ 76 _ b / . ! T R _ / ! 79' b SUIT :... -. r - B J . . ._ ,=q . :: n �.:. / [ z - ". .: : }0'PL ,_ . 5 HEREBY _ . 4D T'J 4 . _ . , I h _- / _. . 4 t Sae - ¢ i . . . .: : .., _. 4 , . 1 \ . 2 yi A. 1 Hltne M a 1 \ :? 'b 3 � / 224 . :(4 7 21 / Q' ,. S / - Ae340 >- 1 : ♦+ ti 75.5 . gg , .. ? � ' : -r.77 _ / . . l v7i o J r i 1 atl 230 ! 29 to a w _ t a o A 'J 15 O I ci o .. w. : ) .�4 m - lm o 8 100 O a N m •f 2. g . � 1 w 228 . . W -:. n .. . ... - b ! / / p 4 1 v SB rD > 78 a r+ 22 _ _ ' Concrete A�4 22 5 1 10 � .•4 , , , , \ 58 + I 2 .� 90 2 � •- _ _ S . . . .3\ h I 6b _. _ 4 N . -. _. ✓ `.E N � � 1 � , r ek:. o ., 160 _. 7 , AO b n <38 � 30. A/ - . . ) SOP -. _. O -. 1 . � ,. ZOp J 7 . ' - - a$' it b -: JY / \ / 157: . - 6 : m . m 6 g : .\ 2 � '?P IB?y A,M881 o e / z . •VI {ro 38 y a a ! JL A• / 80 . 6 9 e 5 G S � o t ; �. o9q y 240 \ to o -r• e _ . � / `mac( ! 61 ; -s e. ": ': Q'- . LOT 0 , d ,_Og \ 5.OD' _ T �- \ _a WAVERLY � :u.aoE m _ s .- _ . 5 ! W. A . 50.71 _ Ir: .-: +�. . PUblto s oa 237 ,_ ,s < __ _ . 6.a ! p I` Open P? l z {, 23 � � CIRCLE °� s � � _ 16 _ 50 , ! J 55 • / / ' 3 3 s SUTTON: / ro. / y_ Q StP m Water ST . �, @2 / , 82 : ! o' * _ HYb _. TED . 4 n -. : :/ .. ✓' / _ : \ - Management Easement . ' � R-35.w STREET f a 2 1 !. . 't1 Ys+ Oa 4 A 19 : a a .. is ( Drainage � i' n o : .. . • m _'.. ,.. o.: S-: •: . / . `-./ : and Public UU Ify.& Easement _.. 4 R _.,, ,Y - -. HEREB Iieq Tm 7 n o Y a 162'. R � J Q 2 / - 83 . COMMERICAL SITE , I \ kr . . . � / 1 F ! 2 - 4 4 ,. . n -i P \ 36 .x _ Ae oa 1 . - _ Ysa __ . h do ': � h _+as n ,... 1 4i - ! Exception : o �7 2 234 a • mna \ a b r / y . � -: a -:: / : . .. . 1 _ - , > \ _ _. . 9,. . .. ! $ _ \/ m 5 65 b $ � 163 i � , ,. ,� } 130 B ; . a � _ G 129 . \ a 2 _ o- M VO , _ _ r o 164 � t ' & e 1.52 @ 50. _ 0 I w e IN Q7 ,. Og rn ' ..: ral • o ,.:. :� :; ..:. o ., i ! : :\ \S 4a � 2. 6 o PL. _ I < 1 w h u. haP.0 3 J \ s ! 243 } m - S _ 1 130. 9 TT' S0 . m e 00 m \ \ F o 131 :'; Ty 3 C\ mSP 'na•' \ . _ \ 1 - :; :-;. :. 69 h . .. ,. . ^ •a a w _.U• &D. :., , - ,\ S __S :�? . ? / 86 : .I •ar :; :. N86 1403 5 a m E o / 1e3 a2 I28 ,. . \ t, ,31 _ y 21. . - 186 Y , 39.12 $ 8 42 - . .,:, - e7 • o ( � N04 1725E a � - � _, - ry .,.", 00 2 / � r : • WILTON .- 66 �� ti ._ 36. \ ` , � R .> a7 ! P626. --. LJ�•Y trey +ti 9 2 \ ... i+ m 126 . W . •�¢. A ♦ ^� q a S ! . / ! 'r; 244 - - - - - - - - COURT •3WO7'W .: - .+ _06533{_ -1 _6101tr1 S91 o `o .. � atv r- 589.23'12'W aN , : 132. ( '799• •3oyy �, 0a�.o°'1ry�° $g� 1 'hS / Pg. j^ "$re; . .87". ,n: f, . 0? ::::'o 1`q HEREBY DFDIGTEO' .: i: ' D.E '. 84 i L 7•W ' 46.3J- N1 .N A=27.34 10 P.U.& SO P.0.8:0.E..s W e i Y y 5•}q ;^.. :'£ : .. S85 09'1 � _•. r . .. 1 _. -,_ . . 9 . ,: o:� , ':. \`'. P' r b J$ •9¢ ?SS. :. 82> !/ y 88 j _.: ;. (..,_. : - : N vry ' A=28.81 S ": 1 e G :.. 6 '' 127 11 � S3• J c:c 'N \ v 6D "7 :l ul , / edIRE•A e 1 2 - r a $ 1 835.00 _ \ 1 9 A 26. . wt . Z a 4 FITZHUGH ! > m«a ---- - 3q. : : . , :.: -16 _ , ':'" . -. w rZ. 11 (o .�• 7 S'O a . :;. S ' . _ '. w .. ;:..a -1 12 0 i r \ ' 2 • . . ., ,; "£ :! ^ , .f. \ o r < 20 % ,1 �• s 0 5 am .m ` \ 3 ,I , - ' : \ \'1's I44 . .. 'TURN 0 A-4 .15 - -} to { . s: � e 245 J v ,.,. m 45 L _ . _. A 35. g . ,. N y _ .W -. \ . ,.. .• 2� ..-::. HEREBY OEDIGTED.. > .. Flo_ a @ •l•,a (�, i r-_ 1y ,..._. Zq\� \ b_. , . . , , ... g .. .: o >3^' " � ` Ro, _ ;Y . . z' , " '� .1 � -: .:, . � a2 '- . m : ,. .. \ ti l to tb + . as :,. < ' ee N H;. (D. ` 41 /\ L, � m., i. . 9 ♦ : . - rp• Q V tD :. :� . . - .'. .. `YI ;'� . .. 1 R 358.0 eS\ J. . . . ..:. h" Zf Y 260 $'{ � 'W ! •' b6 . . _ >�,,,. r r "< \ o � ..259 - { . . 3J , , 2 -t 3a�"i0 os•^' . �: 05 0 o a ,�• p. i 33 '. oa / / _ e3 '7Y a� Z,> : �., y �+ - 145 f. r s o �1 0 ,, C r � ?7 2 > : Y 11 � e 5.oa ti / P. _ .. 1 oo a a __ . / � `� 143 s . ' a w 1 i 1 _ . ..,.., s , 1 1 / m V o� q M A 37.96' '. .. Im ...: .. / 4 m .. .. . . . .� Ee� _ t . 1 Fr \ D R 472.72 / .. .J o . b . - . ,:: W . .,, ... / a� I�iS ( @- '. W _ 1 ! _ _ _, n/ 2 = tie ..= __ , o / b � 2 h s 7 F Y 246 .... . E . : Dc . ,..,. 1 s A-27.39 /K . . . ! sh C� >., 6 . / - ,.... 'Y -!( e _. s Z 1 / q w . \ $ 1\ a s \ 4> _a S 9 uonwna S a o- 7i S _ �, O d e A-]5.07. .. _ '' { .: _ . 0 " -.B 6 -,. b / ,: 5?: / ✓ o \ . _ _.. : O S , \. O 3 _.. 5. , / W ,._ J D iS -.,. t'f ;: .. 1` . .1 2 . 3 / ,. . 1 fa' 1. . \ J <•. _ s.o aSa .i\i \ N 50� SA 55 e a a ! /b f, � _ '256. _. 1 1 B ti _ _ a > / t - � / / a , � S _ a y -. `Y0 ! ,.y {: 1Y \ ' . - 4 e ` 1 . 14E 4 a d9 -, •v Aa O / H Ya 3b 135 / @ o n_ 121 •�/ / " lG' - � M o { � o ti p� 141 .: > \ 124 `Y - Chd: tir N37033'32* E / / ! r N/ W / / _. a _ A 7.40 r I t o M1 z r2°i e � � r y ° �. °«• . tf -' 11 / '7ue: .. . _ v :. 'o . - aE&DE � :"Rad 438.00 _. b. 1F 254 J -:a a '.:. / 9 •Y : o \° is . : w/ w 1 e s :/0 - 1 .D comae ejA ! 1 m s , : nw.,n<e,a �.... 1 1 b . Wlndett Ridge Unit 2 _ ,t r _ . / Ym ,. m 139 , �P r 8 2 G _ / . " N , m 6 . 263"' e S9 . , . P . 1 19 o 2 a 9 25 9/ m 1 1 1 . } •r s S, _ TP _ 11 J .o- 265 s �' - , e• k I. o /! \48 X70 / a 3a 1 t \ y P 3 \ 50.29 1, fF:o 1 carcrel° ( t / {. , • 4T. JOO F _ X07 i �J 9e . . a euwt,g . u� ✓ A : ' .. /g. \ p o. :'> 4b, N544439. E ,v. N- � / . . o , tr P s h 6lmurrxM a m •o i 4a'� L \ 93 ✓ 252 F, / h / SS \J rt\ , 4 0 < . ., p- A / g• a. c �S ,.. . / ,. :.,. . > 4s ' _'_ :.. o/ ,. :: I 1 8 a / ::, •4 ,� ;� „ A<Y ;. .9S s '4'i y8ti o/ y ,. . . :. / . ` / 't \ 111 ;:. 4iI B , r - 8 Ii %4:._ . ds . '3' ro. � '; y ,�. Nt _. 1 3 W \ O / S, .aW a O T• s ry F 266 : w\. �. 'y. a QO/ 88 ,92'04w ATP• � ,55 �q , F s,?W • / /DP` // Ay a0. SaP� & r .3\ C>D \ : T S - 'OS' t _ \ a . o q I. h / : \ ! 2.r{ S. . - !.')? -' 3/ ' ' g1,,, ? F F / ! , a sit d ff { 267 \ \ s a AR r a ! N 31 \ 7 1 / Y /, / Ae s• : o I07 °o ' .p w T3s . .\ (. 63 2 / / \. ... : S / 7: :.d0 .:) r c1'>•.::. . `p, / . :. a Ss. ( \S¢. 94\ 1y e b oa a vS \ . \ J I i Z„ /! / s.�S A 13 g°� o o '✓:o °w ' m o i. . . , , ♦ .. •r h - q s -S �. �L. / : ,ppj / �\ \ O . . , , c :. s36 F . .Di" CSC � � J• Q1/ 0is : o - 1 ' \ 07 a a p s / 3 f \ \ b9♦ a l 3a I R 25 - - t a > 3\ •Ly : A•24 \ 5 .'2' 'r.1 ♦Y . �. 4 @O °l/ 'Y L \ fo O vi BwE' ;, �s /n 250_ , w \ I I6 � --_ ns I uM' R=3&OD , a N81 - s s (n . \ ,,. ,._. Op` ' \ 47 !.- .+ _ ,�+ ,.: : A<28.81 ^ ° _ a aa3 \ 248 \ o al w m comma• :( , Y ^. ft 3 @. . •Y \'@• -.. �S. I Iw � ' "..r _ 1/nnurtent . -: .. _ ... 41 - .., \ : 4 \ ' . ..x a W i i 2 . Aa90 9. 23 a 6S / M \ I �/ a \ _.x CAULFIELD � * \ r / J a �l r w Wt w w .. 3 / vi im i 1' o- . POINT a, 9.37 I Y 249 `oi \ e - h nl I � m , ..152 : � 1 _ o >r. I 4 N _ w r � _.' 9 TED. o { ( � . ._ � HEREBY OEDMA t+ a 108 w I 1 s7 � _ o '-3P ♦ P r 'w : -. .. 'F4• J - . ,...,. , 1 . :, 1 o 5 ♦ �.-. .. .:583. . _ . � ) - . T . H . ._PARK } . .. 55.22 . OBE CONVEYED 70 THE YORHN3 I R . uEl 8 1 / \ venue UUl &Dra nH Easemerd'. -. : . .. / \ Y ! 4J\ 3/ / 4 _ o i 2 t r o e o R2 . . . 275 . . _ szisw zioa2 �1 272 z • a 6 :. , -: : . > s.. . . - , .br 340.00 O M1 .. N.. - .•r : .b/ l W a I '...? D lib O 1 .; ?p ,":_ C•�'. 2 ' r4 e l i • ., a . . - tow F T ! ✓ w _ 1 } p� - \ is / ! / Y .. / : .1&07.76 . . ? ♦ . . ' 20.86 / a / of ; . . . 26.82 /. . - • / rv _ !. :-.. ,.0>. _ uirfete 9 e ' . .. 501 A446'E . :� , '-- -,�".'-_ ; . vor,,.rKr• 0 1 n - - E -- - - N 88 15 07 E 26 7 S6a l7etell -_ _- - LINE 6 r ,t ` 5167 'r OID FIIiCE 0 1 (7 �, WDW _ 8 1514E Dee ,AmEe , AfD=53s N $ aoucera R=2§ 9.73 Y A SIEBERT EAIRF?x � 1 o ENGINEERS, INC. . . R=5515.88` : . - 1 1 A°89.63' 261 EISENHOWER LANE SOUTH ( : . 1 IW • < , LOMBARD, ILLINOIS 60148 . h B L7 PHONE 630 W"175 Ibc . 1 1151 .. : . 6 a$q It' dal tv, �+ s" FAX(530)268A594 ' �, {' • .q (rl ( : I iTn - ,: 1U1N01S PROFESSRIrAM1134 NI7RM n .�aweUa i ( Run1ePR Isa m)134 a . a W tp,�e ��. . • " ": COPYRtOi{I' Q 2003 : 3 fD 1. ( . \ \ ', SIFBFAYP2IGINFFRS,LIa ALL RtO1r1S RESERVED It No . 9 g a 1 CADFile . 6105base Revision/issue ' Dote v ; . - 30 Mildin Line ( Unless Otherwre as Noted ,B ) MSEMAN HUGHES a - Start Date 12-2-02 A ISSUed for Review - 02-14-03 Public UGIiEy 4 Drama a Easeme t ' ( P.U. f t).E. ) ° 9 975 East 22nd Street 535 .00100 : .•NOTE: '. All .5deY r Easeme . _. . ; -:, a d eLs are 5 P.U.P.U: B b.E.. 44.07 e° Unless othc"4 Ymeoto , Ilhnols 60187 v 1 a RW a s�;: se Noted.. - Y Drawn by J/d J B Revised er Plannin Council Review 05-30-03 ; N1s_ 45ooE p . >_ N p _ g _ WINDETT RIDGE S - 41sT r, W tv a. A Ara Length UB•DIVISON NOT INCLUDED o Desi ed b RWJ P.= Radiys jINIT �. { m • Y . 4 Y -. C Revised per review 07-01-03 •. a P ® Concrete Monuiren* P,ojeA 8essal 6105 w Checked TEH b Revised Unit 1 & 2 07-21-03 NOTE5; 126.99' Meas aa . 1 I : Iron Pires To:8�G5etU I - f r . . .. „ s , . . Pe ., Upon 50% Comp etlon o Construction Actmties. Oa16 :. 126.93 ec. u R . . . : \.. '� ': . 2-. Lets Othro ,: 05 are f . 1 . - Approved 'F TEH _ 9 v 1 not ndvded n this Unh. PPr E Revised per CI Review' 08 21-03 e!! 12-6-2002 o P City, ', 3: Lots A. 5, and� 5hall not -0vecE VeMalar Frxess to luufas Route 47. sit Ate--89.59 ;4 ,. t _ w ! := R .551586 i . ' 4. Lots L 36 $5 �w6 Shail not have Detect Vehiailar ss Cf1ar a 8205 F Revised per CI Review 10-01-03 e t° �� , ` { 51. - � P . .� VJmdett P.id a Read. :� �• -. 1oQ Score � � I `t 88 4E Peea -: 3 . 1" - 100'. "N 89 15'07 E 5. There are PD Lots C, D, i P ♦, , TaCNAe600slfOP1991H1051deg16105su6-u2drg.Pa9a 3. 1p/0&2W311:57:OB AAd. . - : ` . -�. � , :, . , , , sa Ile- I . - A . . 1.- I _ r T PLAT PIN : 05-05-176-005 FINAL y NDETT RIDGE. SUBDIVISION UNIT 1 11 I I,. A BEINGASUBDMSIONOFPARTOFSECTIO 9 TO N WNSHW 36 NORTH, RANGE 7EAST OF THE THIRDPRINCIPAL MERIDlANINKENDALL CO1. UNTY,dUNTY ILLINOIS. j - . . , , ., STATEOFILLINOIS ) COUNtt OF - - - ' BL.IC UTILITY AND DRAINAGE EASEMENT � ' EASEMENT PROVISION$ '- � I . PU . ,1.r _��) . _ 1 , t t , T 11 w �y, ._ THIS IS O.CERTI . : sew" 1 ,A`W �{Pt '!�'lSWHSlLII{L A.:. T _ _ f ILUNOI RPO 0 E AN SCO (Ulil N. ISTH FEE SIMPLE '?-. VF-b . F R. AND'4RANTEDtTO 88C % �;: - A NON-EXCLUSIVE IX L IVE EA EME "T 1S HEREBY. RESFIR 0 _ ! 0 C US EASEMENT . , . ANON-EXCLUSIVE SENT ;: , _ _ , GA ENt WR AND CO MUNICA ION SERVICE ID OT, ' C RT I E OWNER THE PAOPE" DESCR BED T 0 : - _ . _ - , __, , ._ I Q _ . E IF CAT - :+ . -. . RN I IN. HE REG ING $UR ORS CERTIflCATEANDHASCAUSEDTHE SAMETO.BE., _.: .. , ,. , : ,. ERCABLE - OTHER PUBLIC UTILITIES, AND ;, ` AMEI2ITECN ' NICOR COM _ED JONES D : >, , AN QTHERPROpERTYVL4THELECTRICANDCOMMUNtCATI SE VI - . - , :. SURYLYED:SUBDMDEbANDPLA7TEOASSHOWNHEREO FOR THEUSES D. R -"- COMMUNICATION R CE N AN f'U POSE$ HERFJNSET (FORTHASALLOWEO . _ . . ; . ., . „ HOLDERS OF, C EXISTING FRANCHISES GRANTED BY THE CITY OF E R AREAS S; ILLINOIS, THEREON D INDICATED. ATUTE .. . D. H - . . . - - . , , .. r ' ISi I, I I .E . 1,,P D ORANI ":: EDIO � ;. I 11 ST , AN gDEg , ERGBYACKNOWLEDGEANDADOPTTHESAMEUNDERTHESMEANDTIT CE � � `. ,, . . __ . . ._ .. , E , .. :.. - . - CCES RSANDA651GN3..V41THiNTHEAREAS-SHOYYtJON ;:_ :. THEREON I :: - _, � AND .THEiR.RESPEC7IVE SU SO - -- >: . - - - THISPLATH BELNAP OVEDBYTHEILLINOISDEPAR EN OF . _. -. : . DRAINAGE FJASE ENT abbreviated P,U. ':B .D.EJ TO .. -.:: . . . . . AS PR _ DEPARTMENT ,, � , .: . THE PLAT .AS .PUBLIC UTILITY A D _ _ . . _ . M .. . .( ._ . . . , .. _ GOM - .. . . ". ,._ MONWI I I EDISON.COMPANY AMERITECH ILLINOIS d,k.e..ILLINOiS BELL ,. :.:. TRANSPORTATION_ C C E :. _ VE " E LACEaI SPECT ' WITHRESPE TTOROADWAYA ACCESS ,a THE UNpERSIGNEO HEREBY DEDICATES FOR PUBLIC USE THE LANDS SHOWN ON I PLATE CONSTRUCT, REPAIR, . :'REMO. . , . .ft P_ . . . . N ! ., 0 THIS OR THOROUGHFARES STREETS, .4 , - , - , . . . . -: TELEPHONE COMI?ANY, ORANi£ES "' - - -.. z ALLLYSANDPUBLICSERVICESA D E EBYA Y f3A5 P ) N H R LSO RESERVES FOR GAS; CABLENORb ER , AND OP RA EUNDERGROUNDTRANSMI6610NAND016TRIBttTIONS ST , ,_ 2OF ANACTTOREVISETHELAWINRELATIONTO LATS:, ASAMENDED, A TELECOM U G E 7H MAINTAIN E T M S, THE AS P DE COMPANY FRANCHISE AGREE T , . , , ` R AGREEMENT WITH HE UNITED Gtt OF ORKVILLE E ,': 'P BU UTILITY Y. 6 ' NAGE EASEMENT', , i Y , TH IRSUC " :. I S '..I AND WIT THE URFACEOTEL E U C T 7 DRAT . . _ P H E CONTAINED DEPARTMENTS ,, UNDER 5 . . LAN THAT MEETS THE REQUIREMENTS CON AIN N THE EPAR MENT'S °POLICY ' , ; THEIR NE # AND ASSIGNS. _- . _ . . . SPECTIVE LICENSEES, SI CCES AND ASSIGNS,N Y . A . 771E EASEMENT WHICH ARE STATED HEREON, - . CITY PLAN COMMISSION . CERTIFICATE GAS , . . .. ,. 1 SOBS - .. SSG . JOINTL AND ,+ . CH 0 ECABLE RIAI S'ELECTRI 1JNES; 5. .. . . -:- .. . INCLUDING WITHOUT LIMITATION TO:TELEPH N N G P " � 1 � , .,: - ON ERM TS FOR ACCESS DRIVEWAYS T . STATE NI HWAYS WILCBE RE UIRED 8Y: - SEVERALLY-TO CON UCT, OPERATE REPAIR, MAINTAIN MOD RECON$ U0T = Q ' STR _ E R. _ 4Y, iR , li CABLE TF1EV1610N LINES. AND ALL FACILITIES APPURTENANT.THERETO. - _ DE REPLACE, E T` . THE PARTM(:Ni. ,' ,. . . _.= Hd RELOCATE ND .RE FROM T - 7HEU UNDERSIGNED , . _ N. ,_ IE,L A MO TIME IMF LES GUY -= N IGNED FURTHER CERTIFYTHAYAL FTHE ND D " _ . ' ND-. . .. - . . - . . . - . VE,. 9M . , PO .$ . 0 LA INGLU ED1N iHl$ PLAT LIES WITHIN THE 60UNDARIES OF . .TOG R YJITHSSARY AN OF._.AC ED. THERETO USES AN PERSONNEL R .a., - : . YORKVILL£ COI t, . :. STATE OF ILLINOIS) -TOGETHER :: ANCHOR$ . WRES' CABLES` COMMUNITY UNIT SCHOOL DISTRICT 115. . , ,. C S'' RPOSES AND`. -i . . CONDUITS, MANHOLES, TRANSFORMERS, Rf�ESTALS . EQUIPMENT AND REQUIRED FOR SU. . ,H_ .USE, AND .P(I )Ss :. `:EQUIPMENT `:CA81 . TORT:OTHER FACILITIES USED IN CONNECTION N .: ' : a T t0 INSTALL REQUIRED SERVICE CONNEGTION6 LNOFR N fff _ 0 Wlil COUNTY OF KENDALL TOGETHER WITH THE RIGHT. . T . _ . _ _. .. - . DATED AT ' �f C ILLINO THIS ,D ) . ,, , : "-- , - . .. . . IS , _ . AYOF D . 20031 - ' - ;' UNDERGRbUNO T;fRAN$MISSION ._ AND DISTRIOUTION ; OF :ELECTRIC _ 4 r _ _ .L , ,. : ,. ;THE RFACE FEA H LOT TO SERVE IMPROVEMENTS THEREON. <.'. ,, . TTY.: SURFACE 0 C COMMUNI TONS SOU O CA 1 NDS AND SIGNALS S IN. OVER, U DER; ACROSS, AL AND U_ c PON THE SURFACE OF THE PROPERTY SHOWN THIN b S 1 'M E VED FOR AND GRANTED TO THE WI THE A HE DR DOTTED - _ . ANON-EXCLUSIVE EASEMENT 7S ALSO HEREBY1 SETt . . . - < . VED AND ACCEPTED BYTHE . - _. .. . . _ _ ._ . h _�?'l1AMGS KM. APPRO PLAN COMMISSION OF I 11 Iaq r, ,. :. TH . (h!i . . . � ._ �LINES or similar dee nallon :.: : COS RECONSTRUCT t ON - TFiE FLAT EA E IY DISTRICT ENGINEER _ UNITED. C0 R L ILLINOISTO CONSTRUCT, JNSTALL, RE N TR19-- ) P SEM, NT`, UT LIT.__ I TTY _ . F YO KVI . LE, - , . _ Co ra -_ -. . ' THE ,Name IIUI e ; m9 a _ n _ rnl U D .. TYOF ORKVLL ILLIN 'kA8E -- , - - NITE q t„ OIS .THIS 31k]DAY OF �IT2 ISSION AND : MENi' PUF3LIG;. UTILITY . P U .. ;:" 003. AND ORT ETftANSM _ _ _ �ITYEASEMENr . .E, or (ahTaerdesi on THE:, . .. . - . :.! ,:. _. -.._ F;EPNR. REMOVE, REPLACE A N .. . F H D I . _ _ . - ,. _... . . , - : , . .. . E ` , s. t RP 7Tg � L h IC - PROPERTYDESIGNATEDfN E LA , �•W i�fM Q ( i�0 (iD 4 -. . A/ . . DIS DISTRIBUTION WATE.R` -STORM:ISEWERS, SANITARY: SEWERS.NVD ELEGTR TTY,. ' . . ..... TH - . DEC . Ft4T10N:OF CONDOMft♦AUM ANf�JOR ON TyIBr _ [ y _ - J TR _ r fr p . . : :Adders @ P BLIC-U U . . .BDRAWAGEEASEMENi"` ' :.PLAT AS 'ELEf ;:AND . PROPERTY' ' ; : ' , WITHIN HEAREASSHOtNNONTHEPLATA$ U TI TY _ N. LENTS' _ THEPR P TYOESIGNATEDONTHEPLAT, AS",ob .1 6 i 7 _ i m _ _ :.- - THERETO_ x R `Tf£ PERSONNEL-.AND : . - . COM ON AR OR:' :: . '. .. Y 0► TOGETHER pRTH A RIGHT OF ACCESS O M AREA PREAS', AND THE, PROt?ERTY 'DES)GNATED'ON F PLAT.FO o F_ . e _ _ _ _ .T R c + If G , t "o 11 BY. Yftest:; t -a te. , . .,. .. 9 4 - ' EQUIP , NECESSARY-ANDREQtNREO FOR SUCH USESANb"PUR. I I . li 3TREETSANDALLEYS Y4FETHERPUBLICORPRNATE '70GETHERYNTHT . ERI H ::._ < • ,e 5 i H G TTO .President to �r � a CHAT MAN _ . INSTALL REQUIRED SERVICE CONNECiIONS UNDER THE SLN2F CE OF EACH LOT AND: _ uSi !S . TT ft ..9 w III. T ENTITIES AR ?HEREBY GRANTED THE RIGHT TO ENTER UPON :-. . . I' C ON AREA-. r ; s HE ABOVE NAMED N S E OMM FA OR AREAS TO SERVE IMPROVEMENTS THEREON, OR ON ADJACENT - ice . , - , V ' -.> :.: . . - 0 'y , /C EASEMENTS HEREIN DESCRIBED FOR THE USES HEREIN SET FORTH AND THE RIGHT ; LOTS AND COMMONrA)iEA OR THE RIGHT TO. _) __ Ii801S �I AREAS, CUt>TRIM OR F EMOVETREES, Ya: EES SHRUBS`_OR OTHER P :WITHIN THE - - . TO -TO TRIM, OR REMOVE. AN TR CANTS BUSHES ROOTS, SAPLINGS ANOTO CLEAR OBSiRUCT10NS.FROM THE SURFACE : .< NGS AND: : :- .:': � : AREAS DESIGNATED AS .."PUeLiC ,:UTILITY ANO ' :ORAINAGE ::EA$Eh1EkT": WHICH '. `. '$Ue$URFACE' MAY BE'FiEA30NABl.Y.REQUIRED INCIDENT - SURVEYORS : CERTIFICATE 1 11 A$ REQ ENT TO THE RIGHTS HEtiE1N, NOTARY: CERTIFICATE : : INTERFERE WITH. THECONSTRUCTION; INSTALLATION, RECONSTRUCTIgN ,:AONR, ._:G RIGHT''- NHJ, AND THE , .TO ENTER UPON THE SUBDIVIDED PROPERTY FOR ALL SUG ;61 , ITI . ., : : ' .: ,:., ,. STATEOFIWNDiS ), } 11 REMOVAL, REPLACEMENT,.MAtNTENANCE AND OPERATION OF THEIR UNDERGROUND PURPOSES NA :OBST C 0 S S LI D , . 'PRIVATE RU TT N HAL NOT SE, PLACE OVER 'GRANT�3 a STATE OF l W s7�IS :" T !: +,. . .TRANSMISSION 'NAND . DISTRIBUTION :.SYSTEMS AND FACILITIES ' APPURTENANT �'. - P 1 FACILITIES OR IN, UPON OVER THE PROPERTY WITHIN THE DASI•ED-.OR DOTTED COUNTYOFOUPAGE E ) .THERETO. PE MANENT- UILDING3;STRUCTURES. 0 OBSTRUCTIONSSHALL B - .'. . S NO R B N R _ . : ,. LINES or..: I er I �!11 T� , ! { amtar d _ gna11o11) ON THE PLAT MARKED._EASEME3IT , tJTiLttY Nil - ':DE D .- UBUC''UTILIT b COUNTY F Q , ' . CONSTRUCTED IN UPON, OROVER;ANYAREAS SIGNATE , A$ "P _ _ . . ..Y ..t 0 GAS 'P B C THIS IS TO CERT FY THA71 THONIASE GENSE IWNOIS ROFESSIONA4IANDSURVEYO NO: ` B i S AREA MAY f3E 'U ED OR GARDENS SHRUBS EMEN) , _ U u t1nLtTYEASENiBJ7 P.u.E (or9Fnlerdeelgnatm). VNT}IOUTriiE: HA E P R CITY COUNCIL CERTIFICATE DRAINAGE EASEMENT', U UCH, 5 & ,F_ 352 19 ATTHERE EST OF THE S THEREOF HAVE SURVEYED SUBDMDEDAND PLATTED. 1 I " ':- ,' .' _i ,_ .. - . . . -PRIOR.: . "R'TEN-.CONSENT OF : ,G S. ?" I LL 4 , _ . . REQUEST TN O. ._ . . . . . . . . - . P . WR THE. . RANiEE AFTER NSTA ATION OF ANY SUCH.: r ) " + TREES. LANDSCAPINO. RIYtlAAY3, AND OTHER Ti:O PURPOSES THAT!DO NOT. .: THE ncDESCRIBID PROPERTY. .. 0 -FACILITIES, THEGRADE OF TEEBU MOt� W7 ERTY Bp PROPERTY SFWLL NOT BE ALTERED 1NA I' 1, , A NOTAR PUBLIC IN AND qR $AID COUNTY;INTyE STATE AFORESAID, DO � :{- - ,:, _: , , ,., - E) ", . UNREASONABLY INTERFERE USES HEROIN CRIBED.. - : , ' HERE YCERTIf-YTHA . ":ANOLbYLN :.IGIIG2EUKW PERSgNA Y NOW : STATE OF. ILLINOIS) R NJ . . �' -. MANNER SO. AS TO INTERFERE WITH THE PROPER OPERATION ANb : -" f' K __ , N N MNNTENANGE TOMETO:BET ESAMEP ID f . : : . , ` , . :-:. . <. ,.:T H RES ENT SECRETARY V N �-$1�)~NEARED. )SS HEREOF. 1 .. NT ED :a ,,. ;:: THE OCCUPATION AND USE 'OF THE NON•faCCLUSI IE EASEWNT:NEREIN .GRA BEFORE ME THIS DAY PERSONANb AC KNOW-LEDG�D_THATTHEY SIG D'AND E :' COUNTY OF. KENDALL THE THTNI .GOtJMON ELEMENTS' HAVE THE MEANING SET FORTH FOR AN CA 7H 1 H E E ALL E1VI SUCH AND RESERVED FOR THE ABOVE NAMED ENTITIES BY.EACH OF SUC _ NRTI S,SH. RPO T - . . _ - , .MANNER , -. ._ _ _ . , . . '. TERM TIME THE TI - ., CO RA ESFALTOBEAFFIXEOAS THEIR FREE AND UN -.- MDOASr IUAlPROF'ER7Y CT' CF1 1 . 127S'S1L„31505(2 'ASAMENDF.D . . -. TH R . RE A VOLUNTARY < ' N. . A . , . a :. - : -:_ <_. Ttb4T .<XrOFSECT)ON9,TOWNSHIP36 NORTH. RANGE ? EAST OF THE PRINCIPAL MERIDIAN DESCRISIDA.S .. 'BE: DONE JN. SUCH A MANNER SO AS NOT TO INTERFERE.WITH OR PRECLUDE THE ON 71 TO VOL NIT Y C OF FROM MET E U AR ACT SAIDCORPORATI N FO T E USES - b -R M . , , a 0 R H _ . . AN PU POSES THEREIN SET FO TH, - . . _ FOLLOWS.COMMENGN4 ATiHEKORTHWEST CORNER-0 .THE NORTHWEST 4.OFSAID SECf10N.9THENCE SOUTHERLY . ., R E 1 _ E S _ F . ER -- . OCCUPATION ` D USE - -EREOF 0Y.OTHER NTR ES FOR SUCH EASEMENTS NT _ . . T AN iH 9 CH _ _ _ A$ _ APPROVED AND ACCE D B T AYOR AN YO CH.. ._ _ AP ROVE PTE Y. . H M COUN OF TH i" " . . . , . . -. THE TERM"COMMON AREA OR AREAS IS DEFINED AL T PARCEL AREA F ALONG THE NORTHWEST 4569.20 FEET TO THE CENTER LINE OF ROUTE o47 i " A IN : b',I AS LOT, CE OR _ , , O_ 1/ , T N __ : ; ' - <r. - ARE GRANTED AND ! RESER . THE' . CROSS NG N R OS6 G. OF .SAT _ . #, R ECR �.1� 0 Y NLL L CESOUIH 35 E REFS ODMINUfES "OOSECONDS EASiAL "G SAIDCENTER UNE 1082:7GFE IO THE.-� �. GIVEN UNDER MY NAND ND OTARIALSEAL THISZJ DAYOF OU V�{i+j/' " UNITED q1Y FORK E, I UNO{S, 1HISOAYO �/�ryF�y-/-20� .THE REAL PROPERTY,:.TI{E BENEFICiALUSE AND ENJOYMENT OFWHIC IS RE G , ON ET R N 2003. - - p �"�� EASEMENTS BY.THE ABOVE NAfLED ENTIIIES SHALL BE.DON£1N 5UGH A MSION AN0 H SERVED I,. -M - SOUTHERNMOST CORNER OFATRACT DESCRIBED IN WARRANTY DEED FROM.EDNq HALBESMA TO HANNAH GEIGER :; ,� . ":- . " . . . - IN " - . . . - :x € -- - AS NOT 0 INTERFERE WITH, DAMAGE, OR DISTURB ANY. TRAN6MISSION.' AND : .-. - - . . _ . . _ . - - - -- . RECORDED IN BOOK 115 AT PAGE2410N DECEMBER 271957•THENCES 35 DEGREE 00 MINUTES OOS H : . . - OR AREAS WITHIN Ti1E _... - _ , ouR1 5 ECG. oS ,1 PLANNmOEVELOPMENT, EVEN. THOUGHSUCH MAY,:BE - . ., DISTRIBUTION :AND F IUTIES.APPl1RTENANi THERETO WITHIN . . -: AQ- , , .. . . _ , . : : ? EASTALONG SAID CENTER UN 323.02 FEEL THENCE NORTH 560 GREES 20 MINUTES OOSECONDS EAST 755.43 EEi" ,�+ -, OTHERWISE DESIGNATED ON THE T 5 SUCH � U'TLO S: CO k E F . :' : . ,::: . ' .. .... :. . . . C _ T 0 -:O SAID. PLAT BY TERM H AS b 7 M ON - ._ THEEASEtdfENTSBEINGCROSSEDO RECROS3ED. NOUSEOROC OCCUPATION N F . . M,. . . { . + , R .. _.. " THENCE NORTH,49 MINUTES EAST 525.07 TO THE UN AS OCCUPIED,D . ' SE L FEET E PE . FICA .. A OF L _ 9dENTS :'OPHI SPACP 'OPEN AREA CO GR 0 s - >.' SHALL CAUSE AN CHANGE GRADE -:. IA . .. _ MMON - OUI•D", "PARKIN ,AND - 1 OR IMPAIR OR ABOVE NRFACE, RAINA Y FU1N p .. a. ..._ . OF HILL FAR AS SHOWNINAPLATRE RECORDED BOOK ON PAGE I6 NOW, SLOi303. FORTHEPoINT iDOhlan K_. M_ W ( _ _L J an MAYOR , { `COMMON AR .. THET A A-. . EA ERMS COM 0R RFAS D COMMthY E S O I P - I "T ❑RAINW EPATTE(LNS. _ . . . . . . ED WITHA _ _ -. AN 0 MIN ES 0TNEON1SWES 455.43 FEET T INDT TER LIN TSNCESOUTHa FEET; THENCE MIN 560EGRE Dy Ot 11110018 :. - : R.IMPAIR R ORCHANOE HE SURFACE,_ G „ , .. . . .. . - - , CEMENT,,., F N M . ES N P Ub110 Stale F ,TH H . _. '::. IOTA PUBLIC" 06 6 = '1NCLUfDE REAL .PROF?ERTY�Sl1RFACED VY1jH 'JNif3ilOR .DRIVEN/AY6 AND WALKW9'f6; - _- 20 MINIIrES 005ECONDS WEST 755.4377fET TO SAID CENTER UNE;THENCE SOUTH 35 bEGREES 00MINUTES 00 - sion Fxplr6s 5/ /0 Em:ycofmmls : ". - (3 :EXCLDE REALP E ,. ; . SECONOS:EAS7ALONGSAIDCENTER N =48d: fEErTO RS INTERSECTION IVITFI THECEN ER LINE ROAD; I: FOLLOWING ANY MEDBY7HEUNITEO.CITYOFYORKVILLEINTIiE BUT U S PROPERTY PHYSICALLY A -BUILDWQ SERVLE _ . - _ u. E, e5 T ION J OR _ .O, I - " - - - BUSINESS DISTRICT OR STRUCTURES ;_.: .:' THENCE SOUTH 35.DEGREES (10 MINUTES CUSECONDS EASTALONG SAID CENTER UNEANDSNDCENTER LINEE77ENDlD, r9 EXERCISE OF ITS RIGHTS HEREIN GRANTED, SAID CITY 611lLLLHAVE NO - , TIES SUCK AS A POOL, RETENTION POND, ,OR . . . „ I. - _ I 1925.22 FEET;THENCE SOUTH i6 DECREES 45 MINUTES DoSECONDS EAST, 126.93 FEET TO THE UNE OF A FENCE - ? !I.OBLIGATION WITHRESPECTTOSURFACERESTORATION, INCLUDINGBUTNOTLIMITED MECHANICAL QUIPeABlr. >' EXTENDED FROM THE EAST,THENCE NORTH DEGREE5,.15 MINUTES, I4 SECONDS EASTALONG SAID FENCE UNE AND : ?3 1.- EM F A E (F :REL . M F CFA ILI E 1M - 8 ,. ., I TO 7HEF;ESTORAMON REPAIRORREPLAC ENTO P VENT NT CURB GUTT S, OCA 0 . . C T7 S LI E DONE -8Y GRANTEPS AT COST OF THE I. ' - _ ' ' - - ITS EX TENSION, 2641.78 FEET;THENCENORTH OS DEGREES 32 MINUTES 33 SECONDS VlEST ApISTANCE0F219:34 FEET: I ` H THA lb Y HALLBE GRANTORILOTOWNER UPON WRITTEN UESi 1. TREES, LAWN OR SHRUBSERY, PROVIDED, mEv TSA CIT S REQ THENCE NOR � CITY CLERKS . CERTIFICATE .. TH 3IDEGREES 32 MINUTES OOSECONDS WLST,ADISTANCE OF 125.77 FEET, NORTH 53 DEGREES I5 CONSENTOFMORTGAG( EE OBLIGATED FOLLOWING SUCH NTENANCEWORK,TOBACKFTLLANDMOUNDALL - x J^ -: , . - . )AV - . - MINUTES 45 SECONDS WEST, A DISTANCE OF 157.59 FEET TO A POINTON ACU. THENCE NORTHEASTERLYALONG A : .. - RYE, x - . . R E D I T E .. ,, ... TRENCH CREATED 60 T 'RETA N SUITABLE DRAUNAO TO COLD PATC ANY A , A$, O $U._ H CU CON VE NORTHWESTERLY HAINGAgUS OF:438.00PEETAND CHORD BEARU7GOFNORTHS7 DEGREES 33 , 8T0RibWATER MANA4EMENTEA EME T RYE CA RA A _ . _ .,.. . .. STATE OF ILLINOIS , S N . PROVISION . r ITC , SATE OFIWNOISj : ., ..... . r 1,� .. I _ , _ ) . . .-,. . ._ ... - . , - a 11 �� ,, . . ASPHALTOR CONCRETE SURFAC TOJREMOVEALL EXCESS-DEBRIS AND SPOIL, Ah� , - _ .. . . MINUTES 32 SECONDS FAST,AN ARC DISTANCE OF 7,40 FEET,NORTH 37 DEGREES O4 MINUTES 2 @SECONDSE/ST, A - , . y _ . _ S$ -, r. :- r: D TAN - .. . scc, . . ,. .. TO LEAVE THE- .._ . I - O GFiNf3iM1. . CLEAN AND LIKE S CEOF232.50 FEET.SOI1iH 52 DEGREES 55 MINUTES 3ISECONDS FAST.ADISTANCEOF25.99 FEET; nORTH37 MA NTENAE{ EARFlAINA Y _ WORKMAN JJ - -;: f ;z . - . - e � COUNTY OF KfENDALL) AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED THE UNITED CITY DF. <: NttF� _ _ . , . 7 EESOO SAID OA HILL FARM; HENCE NORTH 2DEdR A0FEE(TOAPQNTONTHESWESTALONGTL UNE;AS .r _ CONDITION. -; e - ,_. - =i; � ._- : : o � YORKV1LlE AND TO RS':ISUCCE O ANq ASSK3NS :OVER ALL F,: -- - r, �. .r<v+. _ . �. : . , _S$. R$. _ 0 .THE AREAS : . .. s t - ,tea "( _ OCCUPIED, LYLIN KHILLCUPIEDHENCENOA H IL DARM, 3164 MINUTES HENCE NORTH 6DEGR DEGREES -. :1 �, , r ICs . M RMWATER MANAGEMENT EASEMENT. aF>blav , < - .- - ( TO URVE, ON THE PLAT' _ _, ! sD a f . . - .: UTHWESTERLYDN OCWPIEDO . DOAK I -'F 9 /1 ", : AS F$AI H ARM 316 .09 FEET THENCE NO H76 DEGREE553 MINlRES ULA �7(AAI4C T '� OVE D CCEPTED Y7HE MAYOR AND E . 41.. RJ 'ACORPORATION OF THESTATE OF LUN01 •APPR DAN A, B CITY COUNCIL OF , ,., , I _ . . . . . . i SANT , ?! FO THE PERPETUAL U " E , R T AL RIGHT PRIVILEGE,GE. AND AUTHORITY TO:SU VEY''CONST ` - , - t -; ¢ o R RUCT , Tn _ , OE _ 4S CONDS CUES LO D . A NG SAI SOUTHWESTER TUNE OCCUf4E0 65548 FEET E I OFBEGIN IN , . c I 1 , T L . AS roTH PoNT N G, ,, ; - . 0 D OFYOHKV 1LLNOIS ATA E7INGHELDT S - , MORTGAGEE OF - . N CITY ME HI AY , z , _ _ .. ., .. . . . . . , , . . , :,, R 0 E SAID ABOVE BED - - I - . . .. LIE, . , . _ D , i ._.. . SAI A OVE DESCRI PROPERTY HEREBY CERTIFIES THAT TT z . : .. . . - ': , , . G _ RECONSTRUCT, P a_.t�r!'i� � .. -„ - REC N TRUGT, REPAI INSPECT, OPERATE§YORMSE SEWERS D; . . .. _ R, WY _ AN THE , (EXCEPTING THEREFROM F R S. . ' ,d G ROMDEE50. O WIDE RIGHT EPTN HAT PART ARWN ILLINOIS 10 CATER 111 ..,: � __ : ; ( _ T G ! THE 91 . N . N. Y -' � , APPROVAL FOR SAID: ROP RTYTOB SURVEYED, SUBDIVIDED AS SHOWN _ r . . l " : OF , 2003. - P )_ E _ . HEREON. , ,;, _, ;. ,- - '> STORMWATER TAANAO£MENT :AREA, TOGETHER ANY AND ALL ":NECESSARY$ , "I �=° ,, CO,LITE47 RECOROER.. N DEED RECORD 66 AT PAGE287),:AND EXCEPEING THAT pAIYr PFTEMOUSI DEDIGII FOR STATE ,.11` . MANHOLES:- CATCH ;BASINB, SANITARY SBWERB WATER MAINS ' ELECT IC . AND = outE4 Y 4 . R R 7, _ I - : f . ' ,L S f 1 , DATED ,"� IS 51 : DA OF � : . _.. . . . . ... A THIS Y �^��ee AD 003 F . . " . __ . . . -... OMMU K ! LE : CONNECTIONS;: "�. OIT E : D - _ � Sd�.jO .: ,. _ G v . _ . a .. - C ." „ N AT.ON CAD , .$, DITCHES, ;SWALES. .. :AN OTH. R. ANDAlSO EXCEPTING PAR DESCRIBED AS fOl10WS. COMMFNGNGT ENORT711VEST RNER OF THE :_ ._ .,. , t, . . _. ,. T -. .. . . . . . . . A THE CO , :, A..1.. I. : . STR .. UCTU E A D APPU . TENANCES AS MAY DEEMED NECESSARY Y. 3 ID NORTHWEST- - - , -� ,, C R S N R. ARYD A C�; 1J4,OF SNOSECTION 9THENCE SOUTHERLYALON6TNEWEST UNEOF SAID NORTHWEST 4.56920 FEET ,. ,e ......, 1/ , • : : : U TO THE . . BY. ATTEST �. , „, _ :.OVER,. POI, ALONGI).ND£RANi)THROUGH8AIp.LNbICATEDEA3EMENT. TOGET �E,�_ CENTER LINE OFELLiNOISSTATERbUTENb47.THENCES OUTH35DEGRE600MlNtTTES00SECONDSE7STALONG "� F' H. , >, - : - 1 WITH.THE RIGHT THE PROPERTY FOR NECESSARY ME 'ANDI: SMDCENTER UNE 1062.70 FEET TO IHESOUTHERNMOSTCORNER OFATRACi DESCRIBED IN WARRANTY DEED FROM z? �� .7r. V. y ,, - : " EQUIPMENT TO•DO ANY OF THE ABOVE-VORK.THE RIGHT,IS ALSO..GRANTED TOC T: EDNA HALBFSMATO HANNAH RECORDED IN BOOK 115 AT PAGE2410N DECEMBER 27, 1957;THENCE SOUTH 35 : '+ TITLE TITLE, VNt - N : 1/1T CITY. CLERK _ _. _ . - V,„ ,: :> r ' - - . -r. DEGREES OO MINUTES OO SECONDS EASTALONO SAID CENTER UN -329.02 FEET•T ENCECO NUI GSOUTH 5 "" s- A)OWN, TRIM.OR REMOVE ANY TREES,SHRUBS OR OTHER PLANTS ON THE EASEME : F, H NTI N 3 I , , < STT -1N E' -:.TH :,:O :E ; ; DEGREES OO MINUTES 00 SECONDS EAST, 1217.51 FEET,THENCE NORTH DEGREES 08MINUTES O4 SECONDS EAST. _ THAT, TERFER WITH... _ E P_ (3ATtON OFSEWER3OR ::O7HER UTILRIES ND": I . PERMANENTrBUILDINGS; ALL S£ PLACET) DNS I EASE E OCHAN TO E' 61.15 FEETroTHE EASTERLY UNEOF5rATE fiplJTE N0:47 ASSHOWN ON DOC. NO.112096 FOR THE POINT OF " : . `I , 8H A O M NT N TH_,. -' - I - BEGINNING OF SAID E(CEPTION, THENCE SOUTH 35 DEGREES 00 MINUTES 00 SECONDS EASTALONG SAID EASTERLY- "I I 11 TOPOGRAPHY OR3T0 MWATER' 'MANAGEMENT STRUCTURES R£$:WITHIN E fASEME HY R MA Ti) W NTH _ N RIGHT OF WpY, ADISTANCE OF 325.07 FEETTOAPOINTOF CURVATURE:THENCE NO EASTERLY RIGHT 2> I . REASHALLBEMADEVJRHOLREXP SS NCO 60C ENGINE S ', A EXPRESS WRITTEN N ENT f THE: JTY t:I ;i „, OF WAY BEING A CURVE TO THE RXIHTAND HAVING A RADIUS OF5515,88 FEEL AN ARC DISTANCE OF342,26 FEET. a BUT SAME BE USED PURPO THAT 7)0 T THEN O "1.J. R INTERFERE - o; 3 NO OR TE REt . ;,„„ THENCE SOUTH 67 DEGREES I5 MINUTES SECONDS EAST,A DISTANCE -87.40 THENCE NORTH 54 4137 EAST - . . _ 9 AN OF R . . . . ,A . . `: WITH THE AFORESAID USES ORRIG s f NOTARY CERTIFICATE r. . ' + . , ...;: - � - _ " . ." f,�:,:, DISTANCE 48.68 FEET,THENCE NORTH 71 0758 EAST, ADISTANCE OF 60.09 FEET THE\VASTERLY LINE 50 ,. . CITY ADMINISTRATOR'S CERTIFICATE _. M .;, - , "- ERLY RIG TOFW LINE, mGTANCEO 735.57 ENORTH.OBDEGREESI5 EGREES 8MINUTES 4SE= DS ?,. ' '. TOTAL OWNER.OF THE PROPERTY SFQ?!LC:I+€-MAIN;RESPONSIBLE FOR THE MAINTENANFeE >: SAIDWESTERLYRIGHTOFWAVUNE; A THEP POINT 0735.57FEET,THENCENDALL86DEGREES OS MINUTES 04 SECONDS STATE OF�.I MD 7 O E STORMWATER MANAOE�IENTAREA AND THE CITT':% 1 If 1�--. VEST ADISTANCEOF56 1 F1 1 THE POI NT OFBEGINNING.AILIN KENDALLCO61 ILLINOIS. :? S x : STATE OF ILLINOIS) - Area LO9s .gO.O.LP4 ACf'eS OF YDRKVILLE WILL -PERFDRM ONLY EMERgENCY PROCEDURES `A$ DEEM.ED ..j ' 7 COUNTY - 39Z58O3 . F't NECE$SARYBY711ECRYENGINEER4FTHEUNITEDCITYOFYORKVILLE. -,," '� ', 6, I I COUNTY OF _ kENDALL) o s . . ), A OTAR UBLICINANO R.SAI D IN THESTA AFORESAID DO ` - ' ,x-<;' . ': I FURTHER CERTIFY THAT THE PLAT HEREON DRAWN.IS A CORRECTAN'D ACCURATE " PEDESTRIAN AND BIKE:TRAIL EASEMENT , „ .,, REPRESENTATION OF SAID SURVEY ANDSUBD SUBDIVISION, ALL i s. HER YCIE ) YTHAT AND QQ _ S PERSONALLY KNOWN APPROVED AND ACCEPTED BY THE crYADM TOR OFTH �/ M ON. A DISTANCES IN , i . OECIh1AL PAR75 THEREOF : - - r TO METOE SAM - -_ D OF ' "'. APPEARED - : UNITED CITY OF YORKVILLE, ILLINOIS, THIS DAYOF OT' - , t, , ,I EEiRPSd V - THE UNITED CITY OF YORKVILLE, ITS SUCCESSOR6• LICENSEES AND ASSIGNB, 'ARE', - BEFORE METHISDAYIN PERSON AND ACKNOWLEDGED THA THEY6IGNEOANDCAUSEDTHE ' : I . .�... ;r L. - - j - HEREBY :::GIVEN EASEMENT RIGHTS OVER ALL AREAS Off E PLAT KEb : IFURTHERCERTIFYTHATNOPARTOFTHEABOVEDESCRIBEDPROPERTYISLOCATEDWITHINA y; CORPORATE SEAL TO BE AFFIXED AS THEIR FREE AND VOLUNTARY ACT AND AS THE FREE AND - .. G . _ I 3 . A AREA. . . TH T MAR , , :. :sHECw-F FLOOD Y IT 'PEDESTRIAN-.EASEMENT 13KE TRNL .EA EMENr E ESTRIAN: AND BIKE L: .LAD HAZARD - 3 P p , VOLUNTARYACTOFSAIDCORPORATION, FORTHEUSESANDPURPOSESTHEREINSETFORTH. _ r " . - " - BASED. . y. . EASEMENP-.OR . STORMWATER MANAGEMENT EASEMENT•, To CONSTRUCT, INSTAL ,:. " " ,� �,,{.. `� ; . - - 6 RECODS UCT> REPAIR REMOVE, REFNA E :LN6PEC7 "7 MAINTAM AND OPERA. -:! `:20NEC, AREAS OF MINIMAL FLOODING. CITY ADMINISTRATOR TR - _ . . E, G , _. . ., �E:: r :, GIVEN UNDER MY HAND AND NOTARIAL 1 6 OF tJL�IV br1 2003. - ' ' E E ; .. _ :..: P 0 3TRIAN ;ANq.. BICYCLE TRAILS(-' PAVED OR UNPAVED: THE USE ,.AND '. , _ -I FURTHER CERTIFY THATI HAVE SET ALLSUBDMSION MONUMENTS AND DESCRIBED THEM ON- : - .' :;. " : : : I -ENJOYMENT:: OF THE GENERAL PUgyO: T ,ABOVE NAMED ENTITIEB .ARE H£RE� ( - ORANT£D 'THE RIGHT TO' ENTER?UPON EAEA E°MENTS HEREIN DESCRIBED FORT THIS FINAL PLATAS REQUIRED 6YTHEPLATACr(ILUNO!$ REVISIDSTAMES 1977, CHAPTER 109 . USES HEREIN-:SET FORTH: AND THE .RIGHT TOCUT, TRIM, OR REMOVERNY TR£ : ' SECVGC41a, • SHRUBSOR OTHER PLANTS WITHIN THE EASEMENT AREAS HEREIN GR " E W aNT p rlc ; ., : OFFICIAL.SEAL: - . *.. . . . .. .. . _.. , A FURTHER CERTIFYTHAT THE PROP SHOWN ON THE PLAT HEREON ISS ATEO RHI l _? . . . . . ERTY P HER N DRAWN ITDA LV N . . b-I . . INTERFERE WITH THE :CONSTRUCTIONsINSTALLATION; R CON8TRUG ON. RE . , Stag _.E. ?! Phi r Dyan eB THE CORPORATE LIMITS OFTHEUNITED CITY OFYORKVL ILLINOIS WHICH IS EXERCISI TME - . '.. _ '.FtEMOV L _ .EP C E P! P CT 0 ya A , R LA EM NT S E ION, MAIt1TENANCE ANO DPERATI N THERE05: r ND Pebik State Di111inDh E . . N T BLIC •' , ILLY . , . . : : SP CIAI.POWERS A(JTHORIZED RYD SWN 120E ARR LE 110E THEIW IS MUNICIPAL CODE . 'TEMPORAR ,OR - - TB D S ": ,.. , -. . -> Commission Tres 08 Y, PERMANEN UIL LNG . STRUCTURES OR OBSTRUCTIONS 8HAL ,IT „ MY EXP 5! !OB , `' AsAMENOEU ' .- ,l , , . : ' PLACED:ONO S $ �. . COUNTY,CLERKS CERTIFICATE - R OVER A{D EASEMENTS THAT RITERFERE VVI7N THE RIGHTS HE , : . aaat4rED. �am�arc� 0 F6 . - - . ;.. GUN UNDER MYHANOANDSEAIAT ILLINOIS,THIS Z DAYOF . I III 7 . 2003.' STATE OF, ,tLUN01S ) l . i; ,�66 . 3 CITY ENGINEERS CERTIFICATE COUNTYRECORDER CERTIFICATE : nec, ; ._ . COUNTY OF KENDALL) „ ; , , .I. ?u IRGFFSSIONAL LAf D SURVEYOR, N0. 2419 -„11 :;: License EP es NOVEMBER30,2004, A STATE. OF ILLINOIS : ° . . I -, STATE OF ILLINOIS ) :�,1 61. I♦ COUNTY CLERK OFKENDALL COUNTY ILLINOIS DO HEREBY - . :::; }6 ) SS 2, s , CERT FY A THERE . _, ,:, I THAT T . ARE NO DELINQUENT GENERALTAXES. NO UNPAID CURRENT TAXES, NO. .. :: COUNTY .OF KENDALL ?. : .:: : • ` -"" UNPAID FORFEITED TAXES=AND:NO.. REDEEMABLE TAX SALES AGAINST 0 : - E D COUNTY OF KfdJDALL } - -I . , - ., ' - _ : . , ; .:,, . . . . , _ ,. ANY. F. . LAN . _. , E!- THIS ISTO CERTIFY THATALLIMPROVE E TS REQUIRED IN CONJUNCTION THIS _ INCLUDEp:INTHE PLAT HEREIN DRAWN ) FURTHER CEFTTIFI'.THATTHAVE RF " '. .. : M N 0 PLAT OF SUBOlVIS10N HAVE . .. , ,. ._ .' , . .. �t4;,_ . , ,y... .mac 2tl0 , . BEEN INSTALLED OR PROPER COLLATERAL IN THE FORM OFA COMPLETION GUARANTEE REM AN - STAMORY FEES IN CONNECTION WITH THE "THEREIN DRAWN. - '' -1 �. . . . _ . LA . . ,,. . T . THIS INSTRUMENT WAS FILED FOR CORD IN TH RECORD(JTSOFFI OF D $ Iww- : ,: APPROVED BY THE CITY AT70RNEY,HAS BEEN POSTE ' F$EjJ A ti_ . .a,,I� -. - I 1 . COUNTY, I N� OISONTHE PAYOF 20 AY � aS - " y, - ITAW. GIVEN UNDE Nt D III ! R THAN ANDSiALOFTHECOIINIYCLERKATYORK LLE�II OCR; ;, r,': surrftoR = - O'CLOCK LM: AND WAS RECORDED IN BOOK " OFPLATS ON PAGE -_ DATED ATYORKVILLE, ILLINO{S, THIS 1% DAY OF 9693. , : `.: vi -. - I .- _ I :�: sTATEOF: s I. ;i Exhibit D Engineering Enterprises, Inc. July 31, 2013 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Windett Ridge Subdivision— Revised Punchlist United City of Yorkville Kendall County, Illinois Ms. Barksdale-Noble: Representatives from Engineering Enterprises, Inc. performed an onsite punch list inspection of the public improvements for the above referenced project. A summary of the punch list items that remain is listed below. Note that the items are consistent with the current proposed development amendments. General 1. A PIC schedule needs to provided (See attachment). 2. The items noted in the review of the Record Drawings need to be addressed (See attachment). 3. There is a substantial amount of concrete washout and construction debris deposited throughout the subdivision. All debris and spoils should be removed. 4. All damaged silt fence should be removed from the site. 5. There are several areas on-site that require soil erosion and sedimentation control measures to be put in place. All erosion and sedimentation control issues should be addressed immediately, 6. The bituminous path at RCP storm pipe crossing connecting adjoining ponds needs to be repaired. Sanitary Sewer-Com Ed Interceptor 7. Bituminous pavement has been placed over the structure San-22. The structure needs to be relocated and adjusted to grade. 8. All lids to need to be changed to "Sanitary".. Road,52 Wheeler Sugar Grove, 60554 • 1 466-6700 tel — (630) 466-6701 www.eeiweb.com Ms. Krysti Barksdale- Noble July 31, 2013 Page 2 9. Additional backfill needs to be placed along the bike path. Sanitary Sewer 10. Structure San-39 needs grouting around pipes. 11. The following structures need to be located/adjusted to final grade and re-vacuum test as required, San-10, San-18, San-19, San-45, San-62, San-63. 12. The following structures need to have chimney seals replaced: San-44, San-57, San-59, San-69, San-74, San-75, San-76, San-77, San-84. 13. The following structures need to have their frames and adjusting rings reset: San-56. 14. Marking posts for the sanitary services should be re-installed if necessary. 15. All sanitary sewer repairs noted in the May 21, 2010 punchlist letter from the City need to be addressed (Attachment 1). Storm Sewer 16. The following storm structures need to have the fillets installed, reinstalled, or repaired: CB N-2a CB H-3c INL N-3b seal barrel sect. CB N-3a CS K-1 INL K-3c broken frame CB L-3b INL 1-2 INL H-3d CB 1-1 INL H-5b INL 0-3 CB H-5a INL H-3a INL 0-2 CB H-7a INL H-7b CB H-8b INL H-8c 17. The following structure has cracked adjusting rings which need to be replaced: S-83 18. The following structures need their frames adjusted to the proper grade: CB-140, CB-141, CB- 143. 19. The following structures need to have their sump connections mortared: INL K-3e grout at bottom of pipe. Sump inlet S-77 grout holes in sidewalls. 20. The following structures need to have their frames and adjusting rings reset: MH-L-3a, S-86, S- 83. 21. Several curb structures reflect water and soil infiltration from behind the structures. These structures should be excavated and sealed with mortar. This condition is present where no curb backfill is in place. 22. The 4" PVC sump pump line is broken and exposed between sump inlet S-92 and S-93. Ms. Krysti Barksdale-Noble July 31, 2013 Page 3 23. All storm sewer repairs and other comments noted in the May 21, 2010 punchlist letter from the City need to be addressed (Attachment 1). 24. The 161'0" weir wall behind Lot#118 is not constructed. 25. Due to excessive erosion from adjoining property, storm inlet S-90 was unable to be located. The structure needs to be located. 26. The storm sewer from structure 0-8 to 0-9 needs to be installed. Water Main 27. All fire hydrants should be wire brushed and re-painted. 28. Fire hydrants FH- 32 , FH-71 and FH-63 need to be adjusted to the correct grade. 29. Auxiliary valve boxes for the following fire hydrants need to be adjusted to the correct grade: FH 32, FH-37, FH-50, FH-61 and FH-51. 30. The following structures need to have their frames and adjusting rings reset: VV-22. 31. Water services for the residential lots are damaged or not located at the following lots: #68, #262, #272, #270, #121, #119, #106, #111, #268. 32. Marking posts for the water services should be re-installed if necessary. 33. The following auxiliary valve box covers have broken locking bolts (1/4" X1 1/2" Stainless steel) and require replacement: FH-26, FH-52, V-33, FH-33. 34. Valve vault, V-29 is completely filled with water and needs to be pumped dry and inspected. Roadway 35. There are several areas of sidewalk that are considered unacceptable by the City due to cracking or spalling and needs to be replaced. Areas are as follows: Lot#69/75 SF Lot#157/75 SF Lot#72/75 SF Lot#156/75 SF Lot#74/100 SF 36. There are several areas of curb that are considered unacceptable by the City due to excessive cracking, chipping, or spalling and needs to be replaced. Areas identified are not within the conditionally accepted area and are as follows: Lot#75/8 FT Lot#143/4 FT Lot # 173/4 FT Lot#113/9 FT Lot #69/7 FT Lot#114/3 FT Lot #73/8 FT Lot#116/4 FT Lot# 167/8 FT Lot#118/7 FT Lot #75/8 FT Lot#127/8 FT Ms. Krysti Barksdale-Noble July 31, 2013 Page 4 Lot#126/7 FT Lot#264/4 FT Lot#125/15 FT Lot#263/20 FT Lot#242/8 FT Lot#262/4 FT Lot#165/6 FT" Lot#165/17 FT Lot#166/9 FT Lot#162/20 FT Lot,Outflow area 7 FT Lot#145/5 FT Lot#249/9 FT Lot#107/5 FT Lot#255/4 FT Lot#112/11 FT Lot#256/4 FT Lot#133/16 FT 37. There are also several miscellaneous areas within the previously accepted areas that require replacement. 38. There are several areas of curb damage from spalling, equipment damage, settlement fractures and material failure. These locations may be repaired by an approved epoxy repair. 39. The curb needs to be backfilled in accepted areas throughout the subdivision. 40. A type III barricade is required at the south end of Windett Ridge Road. 41. All weeds and vegetation growing between the curb line and the asphalt should be removed. 42. Edge grinding of all curb lines within the subdivision is required in prior to the installation of the surface course. 43. Patching of the asphalt base course is needed prior to placing the surface course. The degraded asphalt binder course requires full depth grinding or removal at the following locations as identified on-site: Lot#69/7.5 SY Lot#242/19.0 SY Lot#72/3.0 SY Lot#244/38.0 SY Lot#77/4.0 SY Lot#246/12.5 SY Lot#151/5.5 SY Lot#125 to Lot#124/110.0 SY Lot#127/91.0 SY Lot Overflow area:15.0 and 34.0 SY Lot#128/24.5 SY Lot#247/10.0 SY Lot#74/3.0 SY Lot#248/13.5 SY Lot#74/1.0 SY Lot#249/9.5 SY Lot#159/16.5 SY Lot Outflow area:/18.0 SY Lot#160/13.5 SY Lot#264/23.5 SY Lot#160 to Lot#165/46.0 SY Lot#258/6.5 SY Lot#162/20.0 SY Lot#165/10.0 SY 44. Hot-Mix Asphalt Surface Course, Mix C, N50 needs to be placed throughout the subdivision. Prior to paving operations, butt joints shall be constructed as required and bituminous prime coat shall be applied 45. Once installation of the hot-mix asphalt surface course has been completed, hot-poured joint sealer is required along every edge of pavement. Ms. Krysti Barksdale-Noble July 31, 2013 Page 5 46. All pavement markings within the subdivision need to be installed. 47. All traffic control signage within the subdivision need to be installed. 48. The damaged ADA detectable warnings and associated sidewalk at lot #216 needs to be replaced. 49. Detectable warnings need to be installed per ADA at the bike path in the Com Ed ROW. 50. The 48 hour street light burn test needs to be performed. 51. A drainage issue exists at Lot #133 at the intersection of Kentshire Drive and Wilton Court. It appears as though additional storm sewer should be installed. 52. The following street lights need to be straightened: Lot#122, Lot#224, Lot#239. Off-Site Water Main — Rt 47 53. The following structures need to be located/adjusted: V-8, V-9, V-41, Aux Valve-FH-58, Aux Valve-FH-89. 54. The following valve vaults contain water and need to be pumped dry and inspected: V-10, V-39, V-41 a. 55. The following auxiliary valve boxes need to be adjusted to grade: FH-61 and FH-62 56. FH-57 has a broken locking bolt on the auxiliary valve and needs to be fixed. Landscaping 57. The south detention basin requires a significant amount of maintenance. A new monitoring report will be required along with completion of the recommended work. 58. There are several areas of overgrowth located around the south detention basin and several of the open space lots. All overgrowth vegetation should be removed. 59. There are several parkway trees that are dead or missing throughout the development. The trees need to be replaced. 60. The proposed Park Site needs to be final graded and seeded per the approved plans. 61. The aggregate trail around the south pond requires repair. 62. The entranceway landscaping along Rt 47 requires the replacement of a few trees and shrubs. Ms. Krysti Barksdale-Noble July 31, 2013 Page 6 If you have any questions or if you require additional information, please call. Very truly yours, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President BPS/dm Enclosures PC: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Laura Schraw, Interim Parks & Rec Director Ms. Lisa Pickering, Deputy Clerk G APublic\Yorkville\2011\YO1140-D Windett Ridge\Punchlist\7-31-13-punchlist.doc United City of Yorkville 0 Yorkville, Illinois, Gam r s Road ACKNOWLEDGEMENT OF Telephone: 630-553-4350 PUBLIC IMPROVEMENT Fax: 630-553-7575 Webste: www.yorkville.il.us CONSTRUCTION SCHEDULE �-- � <IVE:` t� PROJECT# DATE RECEIVED: DATE APPROVED: The Public Improvement Construction (PIC) schedule is required for any new residential subdivision and/or commercial development within the City of Yorkville. The terms of the PIC schedule identifies the public and private improvements required to be constructed, and provides the assurance that the necessary public improvements will be constructed in a manner consistent with the City's established standards in a timely manner and subject to the applicable warranty periods. If approved by the City, the construction schedule may provide for the installation and acceptance of certain improvements in phases. Any phased development plan approved as part of the PIC schedule must be a self-contained area of the overall development consisting of all public improvements necessary to serve that portion of the property to be developed as part of such phase. Reasonable conditions on the phasing of developments may be imposed by the City in order to protect the community and adjacent properties. Proposed phasing plans shall be submitted with a separate PIC schedule for each phase of construction, and no work shall commence on a subsequent phase without completion and acceptance of the prior phase or approval by the City Engineer. The Public Improvement Construction(PIC)schedule also requires the developer and/or owner to provide financial security in the form of an irrevocable letter of credit or bond for the proposed improvements. Financial Security shall be provided to the City prior to and as a condition of the issuance of a site development permit. The undersigned Owner agrees to the Public Improvement Construction(PIC)schedule as described below: Type of Improvement: Location/Sub division: Legal Description(submit as an attachment) Approved Construction Time Period: From to Beginning Date Ending Date (Month/Year) (Month/Year) The Approved Engineer's Estimate of Cost(EEOC)or Engineer's Opinion of Probable Costs (EOPC)must be attached to this document. Owner further agrees: • To install all required public improvements as approved per Title 11 Subdivision Control Ordinance of the United City of Yorkville Municipal Code and the Standard Specifications for Improvements attached hereto. • To pay all fees and costs associated with the development incurred by the City for plan review and processing, inspection,material testing and other engineering services as prescribed by ordinance or in the municipal code. • To install all streets, sewers, water mains, street lights, and other public improvements in a workmanship like manner within four (4) years of initial construction. All public improvements shall be maintained by the subdivider/developer until they are approved and accepted by the City. • To provide proof by title search that all accepted infrastructure is free and clear of all liens and encumbrances. ACKNOWLEDGMENT OF PUBLIC IMPROVEMENT CONSTRUCTION(PIC)SCHEDULE Owner/Developer Name: Address: City: State: Zip Code: Telephone: Mobile: Fax: E-mail: Owner/Developer Signature: I Enginee g Enterprises,Inc. rin July 30, 2013 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Windett Ridge Subdivision Record Drawing Review United City of Yorkville Kendall County, Illinois Ms. Barksdale-Noble, We have received the record drawings dated February 11, 2010 prepared by Siebert Engineers, Inc. Our review of these drawings is to generally determine the drawing's compliance with United City of Yorkville ordinances and whether the improvements will conform to existing City systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review. We cannot and do not assume responsibility for design errors or omissions in the plans. As such, we offer the following comments: 1. The PCC curtain wall for the North Pond Overflow has not been installed, therefore no record drawing information has been provided. 2. Storm Structure S-37 located in the rear yard of Lot 35 has been constructed but apparently buried in the landscaping berm. The structure should be located and adjusted accordingly. 3. An electronic version of the Record Drawings needs to be submitted to the City. 52 Wheeler Road, Sugar Grove, IL 60554 — (630)466-6700 tel — (630)466-6701 fax— www.eeiweb.com Ms. Krysti Barksdale-Noble July 30, 2013 Page 2 of 2 With the exception of the above, the Record Drawings are in general conformance with City Standards. If you have any questions, please let us know. Respectfully submitted, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President BPS/dm pc: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk Mr. Omar Rodriguez-Cabellero, Ryland Homes \\Milkyway\EEI_Storage\Docs\Public\Yorkville\2011 W01 140-D Windett Ridge\Docs\Record Drawing Review 01.doc Page 1 of 3 Jennifer Woodrick From: Joe Wywrot Sent: Wednesday, September 23, 2009 8:10 AM To: Kirk Hiland Cc: Darrell Busch; Jennifer Woodrick Subject: RE:Windett Ridge-sewer televising &repairs Kirk, 1) Repair needed b/w G and G-1 at 145 feet. Rolled gasket 2) Repair needed b/w K-3 and K-3a at 122 feet. Pipe broken 3) Repair needed b/w H-4d and H-4c at 106 feet. Separated joint For all three repairs, you should assume the need to replace 2 full sections of storm sewer. Joe Wywrot Yorkville City Engineer (630)553-8527 (630)553-3436 fax (630)878-2021 mobile From: Kirk Hiland [mailto:khiland @wisemanhughes.com] Sent: Tuesday, September 22, 2009 3:07 PM To: Joe Wywrot Subject: RE: Windett Ridge -sewer televising & repairs Joe- On the items listed below that indicate"repair needed", could you be more specific to what the repair is? The reason that I ask is so that I can put a more accurate budget together for the owner. It will also help my contractor prior to the repair so that they have the correct materials on site. Thank You, Kirk From: Joe Wywrot[mailto:JWywrot @yorkville.il.us] Sent: Monday, May 04, 2009 2:24 PM To: Kirk Hiland Cc: Darrell Busch; Jennifer Woodrick; Brendan McLaughlin Subject: Windett Ridge - sewer televising &repairs Kirk, Below find our review comments regarding the sewer televising performed to date. Contact Darrell Busch regarding specific requirements for sewer repairs. Sanitary 1) One section of sewer(SAN66— SAN69)was not televised. 2) All other sections look OK. Storm 4) Repair needed b/w G and G-1 at 145 feet. 5) Repair needed b/w K-3 and K-3a at 122 feet. 6) Repair needed b/w H-4d and H-4c at 106 feet 5/21/2010 Page 2 of 3 7) Re-televise the following sections of sewer. The TV report submitted was of very poor quality and we couldn't determine the condition of the sewer. a. B-1 to B-1c b. B-2a to B-2b c. A-2 to A-1 d. A-2 to A-3 e. D-1 a to D-2 f. A-3b to A-3d g. A-5 to A-4 In. K-1 a to K i. D-3 to D-3a j. D-3 to D-4 k. D-1 to D1 a I. D-3 to D-2 m. H-7c to H-7 n. D-1 to D o. H-6 to H-5 p. H-5 to H-4 q. C-1 to C r. H-3 to H-4 s. F-1 to F-2 t. B to B-1 c u. FES-5 to F-1 V, 0-7 to 0-6 W. O to 0-1 x. F-2a to F-5 y. F-2 to F-2a z. M-3 to M-3a aa. L-1 to H-4b bb. L-2 to L-1 cc. M-1 to M-3 dd. H to H-3 ee. N-1 c to N-1 ff. M-1 to M gg. L-6 to L-7 hh. H-7e to H-7d Ii. K-3d to K-3f jj. D-9 to D-B kk. D-B to D-7 II. L-1 to L-1 a MM. L-3 to L-2 nn. H-7c to H-7d oo. D-6 to 0-6a pp. D-4 to D-6 qq. D-6 to D-7 By The following sewers reports were not submitted for review: a. K-3d to K-3a b. I to I-1 a C. 1-1 a to 1-1 d. 1-1 to 1-2 e. 1-2 to 1-3 f. 0-8 to 0-9 g. H-8c to H-8b h. M-2d to M-2c i. M-2c to M-2 j. M-2 to M-3 k. F-2a to F-2 I_ N-3 to N-4 Many of these sewers are beneath pavement. Since we need to confirm that all sewers beneath pavement are in 5/21/2010 f=��frrrrfr cr�r��rrrf�r��fry r� r r f irrr rr 1 rrrrr rr rr[f-CO r ,JOB NO: Y01 140 ,PREPARED BY: BPS DATE: July 31,2013 (PROJECT TITLE: Windett Ridge Engineer's Opinion of Probable Construction Cost ITEM UNIT NO. ITEM UNIT QUANTITY PRICE AMOUNT 1 REMOVE SILT FENCE LS 1 $ 2,500.00 $ 2,500.00 2 SOIL EROSION AND SEDIMENT CONTROL MAINTENANCE LS 1 $ 20,000.00 $ 20,000.00 3 BIKE PATH REPAIR LS 1 $ 3,000.00 $ 3,000.00 4 SANITARY SEWER GROUTING EACH 1 $ 500.00 $ 500.00 5 STRUCTURE ADJUSTMENT EACH 15 $ 900.00 $ 13,500.00 6 CHIMNEY SEAL REPLACEMENT EACH 9 $ 1,000.00 $ 9,000.00 7 NEENAH R-1712-C/390 LBS/CONCEALED PICK HOLES EACH 8 $ 500.00 $ 4,000.00 8 RESET FRAME AND/OR ADJUSTING RINGS EACH 5 $ 500.00 $ 2,500.00 9 REPLACE CONCRETE ADJUSTING RINGS EACH 1 $ 500.00 $ 500.00 10 INSTALL, REINSTALL OR REPAIR FILLETS IN STORM STRUCTURE EACH 19 $ 100.00 $ 1,900.00 11 MORTAR PIPE OPENINGS IN MANHOLE EACH 2 $ 150.00 $ 300.00 12 MORTAR BEHIND CURB STRUCTURES EACH 15 $ 400.00 $ 6,000.00 13 MISCELLANEOUS STORM SEWER REPAIRS LS 1 $ 10,000.00 $ 10,000.00 14 MISCELLANEOUS SANITARY SEWER REPAIRS LS 1 $ 10,000.00 $ 10,000.00 15 WEIR WALL CONSTRUCTION LS 1 $ 7,500.00 $ 7,500.00 16 STORM SEWER INSTALLATION-30"RCP FT 200 $ 60.00 $ 12,000.00 17 PAINT FIRE HYDRANT LS 1 $ 2,500.00 $ 2,500.00 18 FIRE HYDRANT ADJUSTMENT EACH 5 $ 1,200.00 $ 6,000.00 19 VALVE BOX ADJUSTMENT EACH 5 $ 500.00 $ 2,500.00 20 VALVE BOX REPAIR EACH 6 $ 500.00 $ 3,000.00 21 REMOVE AND REPLACE SIDEWALK SF 400 $ 10.00 $ 4,000.00 22 REMOVE AND REPLACE B6.12 CURB AND GUTTER FOOT 350 $ 35.00 $ 12,250.00 23 MISC.CURB REPAIR-EPDXY LS 1 $ 3,000.00 $ 3,000.00 24 BACKFILL CURB LS 1 $ 10,000.00 $ 10,000.00 25 EDGE GRIND CURB SY 10,000 $ 5.00 $ 50,000.00 26 CLASS"D"PATCHES,4" SY 455 $ 60.00 $ 27,300.00 27 HOT-MIX ASPHALT SURFACE REMOVAL-BUTT JOINT SY 100 $ 20.00 $ 2,000.00 28 BITUMINOUS MATERIALS(PRIME COAT) GAL 3,990 $ 2.00 $ 7,980.00 29 HOT-MIX ASPHALT SURFACE COURSE,MIX C,N50 TON 2,700 $ 75.00 $ 202,500.00 30 ROADWAY EDGE SEALER LBS 4,500 $ 2.50 $ 11,250.00 31 PAVEMENT MARKINGS LS 1 $ 1,500.00 $ 1,500.00 32 TRAFFIC CONTROL SIGNAGE AND POSTS LS 1 $ 5,000.00 $ 5,000.00 33 DETECTABLE WARNINGS LS 1 $ 2,500.00 $ 2,500.00 34 STREET LIGHT REPAIR LS 1 $ 5,000.00 $ 5,000.00 35 DRAINAGE REPAIR AT LOT 133 LS 1 $ 5,000.00 $ 5,000.00 36 BASIN MONITORING,MAINTENANCE AND REPAIR LS 1 $ 40,000.00 $ 40,000.00 37 -OPEN SPACE MAINTENANCE AND REPAIR LS 1 $ 15,000.00 $ 15,000.00 38 CITY PARK FINE GRADING AND SEEDING LS 1 $ 15,000.00 $ 15,000.00 39 PARKWAY TREE REMOVAL AND REPLACEMENT LS 1 $ 5,000.00 $ 5,000.00 40 AGGREGATE TRAIL MAINTENANCE AND REPAIR LS 1 $ 7,500.00 $ 7,500.00 41 ENTRYWAY LANDSCAPING TREE/SHRUB REPLACEMENT LS 1 $ 5,000.00 $ 5,000.00 SUB-TOTAL ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST $ 553,980.00 20%CONTINGENCY $ 110,800.00 TOTAL ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST $ 664,780.00 G APublic\Yorkville\2011\Y01140-D Windett Ridge\Punchlist\EOPC 7-31-13 xls Reviewed By: Agenda Item Number 606 Legal ❑ P W #1 Finance ❑ EST. -� __ti 1838 Engineer ■ -- City Administrator ❑ Tracking Number m Human Resources ❑ 3! �"V.* C) Community Development El Police F-1 PW 2013-36 Public Works ❑ Agenda Item Summary Memo Title: Kendall Marketplace Improvements Meeting and Date: City Council—August 27, 2013 Synopsis: Review of public and private improvements yet to be completed within the Kendall Marketplace development. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: Staff recommends that we engage Geneva Construction to complete the outstanding work. A cost estimate from Geneva Construction was not available at the time of packet creation; therefore, staff is requesting that this item be tabled to the September 10th City Council meeting. CfTy Reviewed By: X06 Legal ❑ Agenda Item Number Finance El EDC #1 EST. -� __ti 1838 Engineer ❑ City Administrator 0 : Human Resources ❑ Tracking Number Community Development ❑ ` ' �'� Police ❑ EDC 2013-28 ALE � Public Works ❑ Agenda Item Summary Memo Title: Fourth amendment to the Imperial Investments TIF agreement Meeting and Date: City Council—August 27, 2013 Synopsis: Review of a fourth amendment to the Imperial Investments TIF agreement, related to the undergrounding of electric infrastructure. Council Action Previously Taken: Date of Action: 8/13/13 Action Taken: Tabled to 8/27 CC meeting Item Number: Type of Vote Required: Majority Council Action Requested: Table to the September 10th City Council meeting. Submitted by: Bart Olson Administration Name Department Agenda Item Notes: At time of packet creation, a revised fourth amended agreement was not completed. Additionally, I will be meeting with a representative of Imperial Investments to discuss the requested changes by City Council. CfTy Reviewed By: X06 Legal Agenda Item Number Finance PC #1 EST. -� __ti 1838 Engineer City Administrator : Human Resources ❑ Tracking Number 3! V w Cf Community Development 0 q'� Police ❑ PC 2013-04/PC 2013-05 ALE Public Works ❑ Agenda Item Summary Memo Title: Priority Health &Body Makeover Meeting and Date: City Council/August 27, 2013 Synopsis: Recommendation from Plan Commission regarding a request for rezoning. Council Action Previously Taken: Date of Action: 07/23/13 Action Taken: Public Hearing for Annexation Item Number: Type of Vote Required: Majority Council Action Requested: Vote Submitted by: Krysti J. Barksdale-Noble Community Development Name Department Agenda Item Notes: Memorandum 0 To: City Council 1es6 Esr. From: Krysti J. Barksdale-Noble, Community Development Director 1 `= CC: Bart Olson, City Administrator Date: August 8, 2013 TE Subject: PC 2013-05—Priority Health & Body Makeover Kendae counTy �� Request for Rezoning to B-2 General Business District <kE '►�' Petitioner's Request & Background: The petitioner is seeking to annex an approximately 1.5-acre property located west of IL Route 47, just south and adjacent to the Sunset Hotel (see attached map) to within the City of Yorkville's corporate boundaries and rezone the land as B-2 General Business District. The property, which consists of two (2) unimproved parcels, currently is zoned B-3 Highway Business District in unincorporated Kendall County, Illinois. It is the petitioner's desire to annex and rezone the property for the purpose of developing a medical office building. According to the Kendall County Zoning Ordinance, uses within the B-3 Highway Business District are similar in classification as uses in the proposed B-2 General Business District which identifies office, business and professional uses, including medical clinics, as permitted uses.' Although the character of the proposed future development of the property for a medical office building is highly consistent with uses already permitted per the County's designation, annexation into Yorkville's corporate boundaries gives the City control over the building and bulk regulations. The property is located within an area designated as "Commercial" within the 2008 Comprehensive Plan Update. The intent of the commercial designation, according to the Comprehensive Plan, is to promote market-sensitive development with an emphasis on retail, service, restaurant and entertainment-based uses. The proposed rezoning is consistent with the Comprehensive Plan land use designation. Plan Commission Action The Plan Commission reviewed the requested rezoning at a public hearing held on July 10, 2013 and made the following action on the motion below: In consideration of testimony presented during a Public Hearing on July 10, 2013 and discussions conducted at that meeting, the Plan Commission recommends approval to the City Council of a request rezoning of the subject property upon annexation to within the B-2 General Business District, as proposed by Priority Health and Body Makeover; Inc., as submitted in an application date stamped received May 10, 2013. Action Item: Lindblom-yes; Weaver-yes; Crouch-yes, Jones-yes, Baker-yes, Kraupner-yes, Winninger-yes 7 ayes; 0 no Plan Commission Criteria for Rezonin,2: In considering rezoning requests, the Zoning Ordinance requires the Plan Commission to make findings based upon the evidence presented to it in each specific case with respect to the following matters: 1 http://www.co.kendall.il.us/zoning/zoning ordinance/PBZm zoning 09.pdf a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11-4-1976) Additional factors to be considered for an amendment to a zoning ordinance as determined by the `LaSalle' and `Sinclair' cases should also be considered. These factors are as follows: 1) The existing uses and zoning of nearby property; 2) The extent to which property values are diminished by the particular zoning restrictions; 3) The extent to which the destruction of property values of plaintiff promotes the health, safety, morals, and general welfare of the public; 4) The relative gain to the public as compared to the hardship imposed upon the individual property owner; 5) The suitability of the subject property for the zoned purposes; 6) The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property; 7) The community need for the proposed use; and, 8) The care with which the community has undertaken to plan its land use development. Attachments: 1. Staff's memorandum to the Plan Commission dated July 3,2013 2. Copy of Petitioners'Application w/attachments. 3. Aerial of Subject Property. 4. Plat of Annexation,prepared by RB&Associates Consulting,Inc.,date revised June 24,2013. 5. Copy of Public Notice. c,r� Memorandum 0 To: Plan Commission 1es6 Esr. From: Krysti J. Barksdale-Noble, Community Development Director 1 `= CC: Bart Olson, City Administrator Date: July 3, 2013 Subject: PC 2013-05—Priority Health & Body Makeover Kendae counTy �� Request for Rezoning to B-2 General Business District <kE '►�' Petitioner's Request & Background: The petitioner is seeking to annex an approximately 1.5-acre property located west of IL Route 47, just south and adjacent to the Sunset Hotel (see attached map) to within the City of Yorkville's corporate boundaries and rezone the land as B-2 General Business District. The property, which consists of two (2) unimproved parcels, currently is zoned B-3 Highway Business District in unincorporated Kendall County, Illinois. It is the petitioner's desire to annex and rezone the property for the purpose of developing a medical office building. According to the Kendall County Zoning Ordinance, uses within the B-3 Highway Business District are similar in classification as uses in the proposed B-2 General Business District which identifies office, business and professional uses, including medical clinics, as permitted uses.1 Although the character of the proposed future development of the property for a medical office building is highly consistent with uses already permitted per the County's designation, annexation into Yorkville's corporate boundaries gives the City control over the building and bulk regulations. Rezoning Request Staff has analyzed the existing land uses and zoning surrounding the subject property in consideration of the proposed rezoning to within the B-2 General Business District. The following chart provides details of those land uses: Existing Zoning Existing Land Use Comments North B-3 Service Business District Commercial Sunset Hotel South B-3 Service Business District Commercial Aqua Paving and Construction located at 807 N.Bridge Street. East B-3 Service Business District Commercial Retail Strip Development;Intervening Transportation Land Use(IL Rote 47). Residential properties located at 1004 West R-2 One-Family Residential District Residential and 1006 Sunset Avenue.Dense line of vegetation between subject property and residences. As indicated in the chart above and illustrated on the attached map, the properties within the immediate area surrounding the subject parcel are primarily zoned for commercial land uses within the B-3 Service Business District, similar to the subject property's requested land use and zoning. However, the properties located immediately to the west are zoned R-2 One-Family Residential District, which, if approved for B-2 zoning, will require a transitional yard of thirty feet (30') as a visual landscape buffer between the land uses. 1 http://www.co.kendall.il.us/zoning/zoning ordinance/PBZ zoning 09.pd f Bulk Requirements Since the proposed rezoning request contemplates the future construction of a medical office building on a single consolidated lot, a detailed review of the B-2 General Business District bulk regulations was conducted to analyze compliance with the proposed annexed property. The following B-2 bulk regulations will apply: • Minimum lot size requirement of 10,000 square feet; The proposed new lot is approximately 63,450 sq. ft. (1.4573 acres) Complies • Maximum lot coverage of 80%; Shall Comply • Maximum building height of eighty feet (80') or six (6) stories, whichever is less; Shall Comply • Minimum required interior side yard setback of twenty feet (20'); minimum required corner side yard or thirty feet(30'); Shall Comply • Minimum rear yard setback of twenty feet(20') feet. Shall Comply • Required transitional yard of thirty feet (30') along western boundary adjacent to residentially zoned properties. Comprehensive Plan The property is located within an area designated as "Commercial" within the 2008 Comprehensive Plan Update. The intent of the commercial designation, according to the Comprehensive Plan, is to promote market-sensitive development with an emphasis on retail, service, restaurant and entertainment-based uses. Staff Comments & Recommendation: According to Section 10-4-5 of the City's Zoning Ordinance, all petitions for annexation upon approval will be automatically classified in the R-1 One-Family Residence District until otherwise requested for rezoning before the Plan Commission. In the interest of time, the Petitioner has filed concurrent applications for annexation and rezoning. The Plan Commission's recommendation will be forwarded to the City Council for consideration as part of the petitioner's public hearing request for annexation at their meeting scheduled for July 23, 2013. Based upon the existing surrounding land use and zoning, as well as the compliance with the bulk regulations of the proposed B-2 General Business District, staff recommends approval of the requested rezoning upon approval of annexation. Findings of Fact: In considering rezoning requests, the Zoning Ordinance requires the Plan Commission to make findings based upon the evidence presented to it in each specific case with respect to the following matters: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11-4-1976) Additional factors to be considered for an amendment to a zoning ordinance as determined by the `LaSalle' and `Sinclair' cases should also be considered. These factors are as follows: 1) The existing uses and zoning of nearby property; 2) The extent to which property values are diminished by the particular zoning restrictions; 3) The extent to which the destruction of property values of plaintiff promotes the health, safety, morals, and general welfare of the public; 4) The relative gain to the public as compared to the hardship imposed upon the individual property owner; 5) The suitability of the subject property for the zoned purposes; 6) The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property; 7) The community need for the proposed use; and, 8) The care with which the community has undertaken to plan its land use development. The petitioner has provided responses to the above standards and additional factors in their application for rezoning which has been attached for your reference. Proposed Motion: In consideration of testimony presented during a Public Hearing on July 10, 2013 and discussions conducted at that meeting, the Plan Commission recommends approval to the City Council of a request rezoning of the subject property upon annexation to within the B-2 General Business District, as proposed by Priority Health and Body Makeover, Inc., as submitted in an application date stamped received May 10, 2013,subject to {insert any additional conditions of the Plan Commission]... Attachments: 1. Copy of Petitioners' Application w/attachments. 2. Aerial of Subject Property. 3. Plat of Annexation,prepared by RB&Associates Consulting,Inc.,date revised June 24,2013. 4. Copy of Public Notice. 4 a EST. \`= 1836 EC E old E MAY 10 2011 COMMUNITY DEVELOPMENT DEPARTMENT United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-3436 APPLICATION FOR REZONING Purpose p• An application for Map Amendment,or commonly referred to as"rezoning", is a request to reclassify a property from one zoning designation to within another zoning district. Requests for rezoning must not be merely arbitrary, but has to have validity as to the appropriate zoning classification for the existing or proposed land use in consideration of certain factors such as: the existing land use and zoning of the surrounding properties; suitability of the land use within the current zoning district; the trend of development in the general area; impact the proposed rezoning would have on traffic; the potential diminishment of property values due to the rezoning; and the promotion of public health, safety, morals or general welfare of the public as a result of the proposed rezoning. This packet explains the process to successfully submit and complete an Application for Rezoning. It includes a detailed description of the process and the actual application itself(Pages 6 to 12). Please type the required information in the application on your computer. The application will need to be printed and signed by the applicant. The only item that needs to be submitted to the city from this packet is the application. The rest of the packet is to help guide you through the process unto completion. For a complete explanation of what is legally required throughout the Rezoning Request process, please refer to "Title 10, Chapter 14, Section 7 Amendments' of the Yorkville, Illinois City Code. 1 Application PrOCC(ILII-C Procedure Flow Chart It . 't Step 1 Sul t � AppLcarion, Fees,` nd A1hPettipent Infonnattdn to,the ommumty l) v�lopme I I De sriineiit ; A ,.3 n I ii, mfl, . rl r{t ill it A I it - 1t fi r= 5" r It I s 1 1� able k , t xFlarnCouktt 'eview 'rat; (Meets2ntlaad4th"ptiuNgtay�ofthet�bti'th) It ; d It 4' -, r `' r `W 7 a ' h ' , :. p, �', ' p r d die i = eA i = e is 44� 3':" r s-n$ : +ttieJ i? hp �, ,. :�, i, It flan Com ntsst[fn 1lta FIear ng %lvleets ,Ad Wednesday of the Mgnth)A%AA A It Al, +, .' �r t ' F i r 1 z S r Ad t {>th ipz r ' , wui c.rvji ' s 1 At City Council Piiblso Hearing (Meets 2nd and`4th` Wednesday of Elie Montli)`` At r ` h , 2 Application ProcedIII-C Step I Application Submittal The following must be submitted to the Community Development Department: • 2 original signed applications with legal description. • 5 copies each of the application and exhibits, proposed drawings, location map, and site plan. Large items must be folded to fit in a 10" x 13" envelope. • Appropriate filing fee. (See attached Fee Sheet on page 5) • 1 CD containing an electronic copy (pdf) of each of the signed application (complete with exhibit), proposed drawings, location map, and site plan. A Microsoft Word document with the legal description is required on the CD. Within one ( 1 ) week of submittal, the Community Development Department will determine if the application is complete or if additional information is needed. These materials must be submitted a minimum of 45 days prior to the targeted Plan Commission meeting. An incomplete submittal could delay the scheduling of the project. Applicant will be responsible for payment of recording fees and public hearing costs, including written transcripts of the public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). The applicant will be required to establish a deposit account with the city to cover these fees. The Petitioner Deposit Account/Acknowledgement of Financial Responsibility form is attached to this document and must be submitted with the application. Plan Council (If Applicable) Applicant may present the proposed request to the Plan Council . The Plan Council meets on the 2nd and 4th Thursday of the month. The members of the Council include the Community Development Director, City Engineer, the Building Department Official, the Public Works Director, the Director of Parks and Recreation, a Fire Department Representative, and a Police Department Representative. Upon recommendation by the Plan Council, applicant will move forward to the Plan Commission hearing. Plan Commission Applicant will attend a public hearing conducted by the Plan Commission. The Plan Commission meets on the 2nd Wednesday of the Month at 7 :OOpm. Notice will be placed in the Kendall County Record by the United City of Yorkville. The applicant is responsible for sending certified public hearing notices to adjacent property owners within 500 feet of the subject property no less than 15 days and no more than 30 days prior to the public hearing date. Twenty Four (24) hours prior to the public hearing, a certified affidavit must be filed by the applicant with the Community Development Department containing the names, addresses and permanent parcel numbers of all parties that were notified. The Plan Commission will conduct a public hearing on the request, take public comments, discuss the request, and make a recommendation to City Council. 3 Application ProcedUl-C Step 4 City Council Applicant will attend the City Council meeting where the recommendation of the rezoning request will be considered. The City Council meets on the 2nd and 4th Tuesdays of the month at 7 :OOpm . City Council will make the final approval of the rezoning request. Dormant Applications The Community Development Director shall determine if an application meets or fails to meet the requirements stated above. If the Director determines that the application is incomplete it will become dormant under these circumstances: • The applicant has been notified of such deficiencies and has not responded or provided a time line for completing the application within ninety (90) days from the time of notification. • The applicant has not responded in writing to a request for information or documentation from the initial plan commission review within six (6) months from the date of that request. • The applicant has not responded to a request for legal or engineering deposit replenishment for city incurred costs and fees within ninety (90) days from the date of the request. If the Community Development Director has sent the required notice and the applicant has not withdrawn their application or brought it into compliance, then the director shall terminate the application. After termination, the application shall not be reconsidered except after the filing of a completely new application. Withdrawal or termination of an application shall not affect the applicant's responsibility for payment of any costs and fees, or any other outstanding debt owed to the city. The balance of any funds deposited with the city that is not needed to pay for costs and fees shall be returned to the applicant. (Ord. 2011 -34, 7-26-2011 ) 4 EO ctr'k United City of Yorkville ,4 C 1 T 800 Game Farm Road Yorkville, Illinois 60560 1am Telephone: 630-553-4350 Fax: 630-553-7575 INVOICE & WORKSHEET PETITION APPLICATION CONTACT: DEVELOPMENT/ PROPERTY: Acreage: Date: Concept Plan Review: I I Yes I I No $ Engineering Plan Review Deposit of$500 due Amendment: I I Yes [ ] No $ $500.00 Fee due for each: (Annexation) (Plan) (Plat) (PUD) Annexation: I I Yes [ ] No $ $250.00, plus $10/acre for each acre over 5. # of acres: - 5 = x $10 = + $250 Rezoning: I I Yes [ ] No $ $200.00, plus $10/acre for each acre over 5. # of acres: - 5 = x $10 = + $200 If annexing and rezoning, charge only I per acre fee. If rezoning to a PUD, charge PUD Development Fee- not Rezoning Fee. Special Use: I I Yes I I No $ $250.00, plus $10/acre for each acre over 5. # of acres: - 5 = x $10 = + $250 Zonine Variance: $85.00 I I Yes I I No $ Outside Consultants deposit of $500.00 due Preliminary Plan Fee: $500.00 11 Yes I I No $ P.U.D. Fee: $500.00 11 Yes I I No $ Final Plat Fee: $500.00 11 Yes I I No $ Eneineerine Plan Review Denosit I I Yes I I No $ 11 Less than 1 acre = $1,000 due J Over I acre and less than 10 acres = $2,500 due Over 10 acres and less than 40 acres = $5,000 due Over 40 acres and less than 100 acres = $10,000 due Over 100 acres = $20,000 due Outside Consultants Denosit: I I Yes I I No $ Legal, Land Planner, Zoning Coordinator, Environmental Services Annexation Subdivision Rezonine and Special Use: I I Less than 2 acres = $1,000 due I I Over 2 acres and less than 10 acres = $2,500 due I I Over 10 acres = $5,000 due DOTAL AMOUNT DIIE: Wood/ 0 Drive/ Dev. No. ARO/ Fw Shed WWi 5 isTA1[1wt a J t ia, f 1 X i 1 I ZIF 44 r t Data of}�UD t9$IOn r sl 0T t� ?w,r.^ t,G .^ iJ till r j s ei „� Fs fd .,.'6 et1y4 > ,w7 Applicant Information Name of Applicant(s) FPriority Health and Body Makeover, Inc. , an Illinois Corporation Business Address 1201 E. Veterans Parkway City Yorkville State I IL ZIP 60560 Business Phone 309-737-9298 1 Business Fax Business Cell Business E-mail priorityhealthinc @gmail .com Property Information Name of Holder of Legal Title Castle Bank, A Division of First National Bank of Omaha If Legal Title is held by a Land Trust, list the names of all holders of any beneficial interest therein : Property Street Address I Route 47 , Yorkville, Illinois Description of Property's Physical Location west side of Route 47 (south and adjacent to the Sunset Motel ) Zoning and Land Use of Surrounding Parcels North B-3 Service Business District East B-3 Service Business District South B-3 Service Business District West City Current Zoning Classification Kendall County Requested Zoning Classificaion B-2 General Bus Comprehensive Plan Future Land Use Designation I Business Total Acreage 2,5 Kendall County Parcel Number(s) Within Proposed PUD 02-28-303-019 02-28-303-020 6 Application 1 , 01 Rezollino Property List all governmental entities or agencies required to receive notice under Illinois law: None Is the property within City limits? Yes No Does a floodplain exist on the property? Yes No ❑✓ Attorney Name I Daniel J . Kramer Address 111 07A S . Bridge Street City Yorkville State IL ZIP 60560 Phone 630-553-9500 Fax 630-553-5764 E-mail I dkramer @dankramerlaw.com Engineer Name Ron Bauer- Surveyor Address 14 West Main Street City Plano State IL ZIP 60560 Phone 630-552-7599 Fax 630-552-7702 E-mail ron @rb-associates . net Planner Name I N/A Address City I State ZIP Phone Fax E-mail 7 Application For Rezonino Rezonino Standards Please state the existing zoning classification(s) and uses of the property within the general area of the proposed rezoned property: The zoning classifications are mix of classes surrounding the subject property. To immediate west is open space for the Beecher Center where the United City of Yorkville has numerous athletic fields adjoining the property. To the east it is a mix of B-3 and Multi-Family Residential with duplex use and limited commercial use for a retail shop and hair salon . To the south and north it is a mix of business use zonings for heavier commercial uses and destination business uses such as a travel agency, dentist office and hotel . Most of the uses surrounding us are heavy or more intense uses in terms of number of trips in and out of those locations. Please state the trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification: The trend of development in the area is for destination type business and office use located adjacent to State Route 47 which is a heavily traveled commercial highway. Please state the extent to which property values are diminished by the particular zoning restrictions: the property is totally unsuitable for its County Zoning at this time because it is not served by municipal services and has remained undeveloped for a period in excess of 30 years. The proposed use would bring valuable tax revenue to all of the local taxing districts and provide an end user that is a destination type user not significantly impacting the traffic flow on Route 47 in any fashion and would provide the visability needed for the health care business. Please state the extent to which the destruction of property values of plaintiff promotes the health, safety, morals, and general welfare of the public: The proposed zoning would promote public values in that it would provide a medical facility to the community, provide an aesthetically pleasing building with a residential look for residents of the City and pass-through traffic as well as making a valuable use of a property that fronts on a heavily traveled commercial highway. 8 Application For Rezoning Rezonin, Standards Please state the relative gain to the public as compared to the hardship imposed upon the individual property owner: We believe the gain to the public as a whole and the local taxing bodies would be every bit as equal to that to the property applicant. Please state the suitability of the subject property for the zoned purposes: The property again having not had adequate service to municipal water and sewer in the past has remained undeveloped because of those deficiencies. Annexing and Zoning to the United City of Yorkville would cure those deficiencies. Please state the length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property: The property has been vacant for a period in excess of 30 years and lying fallow in the sense that it has not been farmed and has had no productive use whatsoever other than to grow weeds. Please state the community need for the proposed land use: There is always a community need for medical services. The applicant who seeks to both purchase the property, annex it and zone it within the the City currently is in business in the United City of Yorkville but would would like to become a property owner rather than a rentor, which they feel would enhance and expand their business. 9 Application For Rezonino Rezonina Standards With respect to the subject property, please state the care with which the community has undertaken to plan its land use development: The United City of Yorkville has evidence through prior zonings and encouragement of destination businesses along Route 47 a trend to develop these under-utilized properties and take advantage of the heavy traffic count on Illinois State Route 47. Please state the impact that such reclassification will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes (Ord. 1976-43, 11 -4- 1976): None Attachments Applicant must attach a legal description of the property to this application and title it as "Exhibit A". Applicant must list the names and addresses of any adjoining or contiguous landowners within 500 feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as "Exhibit B". 10 Iall the information in this application is true to the best of my knowledge. 1 understand and accept ents and fees as outlined as well as any incurred administrative and planning consultant fees which ent before this prgject can proceed to the next scheduled committee meeting. I understand all of the information presented in this document and understand that if an application becomes dormant it is through my own fault and 1 must therefore follow the requirements outlined above. /J ' APplicant Signature Date t uri y yoVerr INC AuLnorized /Agent THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE IN THE SPACE BELOW: " OFFICIAL SEAL " NOTARY PO B�C, STATE OONLIN013 MY COMMISSION EXPfRES ipJ2p�2pt5 M40 2, aa3 II to err` United City of Yorkville r T county Seat of Kendall County PetWom Account l 9D0 Game farm Road Deposit p �^ Telephone: S3-4 Acknowledgment of Financial :N M1 o Telephone: 3-75 53-4350 Fax: 630-553-7575 Cc w ivebsite: www.yorkvi//e.i/.us Responsibility Development/Property Address: PrOJOCt NO.: FOR CITY USE ONLY Fund Account NO.: FORGITYusE ONLY - Petition/Approval Type: check apprnpriate box(es) of apprm;nl requested ❑ Concept Plan Review Cl Amendment (Text) (Annexation) (Plat) ❑ Annexation O Rezoning D Special Use O Mile and '/: Review • Zoning Variance ❑ Preliminary Plan ❑ Final Plans • P.U.D. ❑ Final Plat Petitioner Deposit Account Fund: It is the policy of the United City of Yorkville to require any petitioner seeking approval on a project or entitlement request to establish a Petitioner Deposit Account Fund to cover all actual expenses occurred as a result of processing such applications and requests. Typical requests requiring the establishment of a Petitioner Deposit Account Fund include, but are not limited to, plan review of development approvals/engineering permits. Deposit account funds may also be used to cover costs for services related to legal fees, engineering and other plan reviews, processing of other governmental applications, recording fees and other outside coordination and consulting fees. Each fund account is established with an initial deposit based upon the estimated cost for services provided in the INVOICE At WORKSHEET PETITION APPLICATION. This initial deposit is drawn against to pay for these services related to the project or request. Periodically throughout the project review/approval process, the Financially Responsible Party will receive an invoice reflecting the charges made against the account. At any time the balance of the fund account fall below cen percent (10%) of the original deposit amount, the Financially Respormible Party will receive an invoice requesting additional funds equal to one-hundred percent (100%) of the initial deposit if subsequent reviews/fees related to the project are required. In the event that a deposit account is not immediately replenished, review by the administrative staff, consultants, boards and commissions may be suspended until the account is fully replenished. If additional fiords remain in the deposit account at the completion of the project, the city will refund the balance to the Financially Responsible Party. A written request must be submitted by the Financially Responsible Party to the city by the 15d, of the month in order for the refund check to be processed and distributed by the 15'0 of the following month. All refund checks will be made payable to the Financially Responsible Party and mailed to the address provided when the account was established. ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY Name/Company Name: Address: City: State: Zip/Code: h,0 he -Qn rIVT r nktvo- e 1L CQOS �Ie Mobile: ax: E-mail: (o -.S 3- � � 533- '7 � rL 1 . 0 Financially Responsible Party: Lm c9�/ I acknowledge and understand that as the Financially Responsible Party, expenses may exceed the estimated initial deposit and, when requested by the United City of Yorkville, I will provide additional funds to maintain the required account balance. Further, the sale or other disposition of the property does not relieve the individual or Company/Corporation of their obligation to maintain a positive balance in the fund account, unless the United City of Yorkville approves a Change of Responsible Party and transfer of funds. Should the account go into deficit, all City work may atop until the requested replenishment depuait is received. Print Name: 7�it/Ai1—'y i I-le;)q fkv//� Title: C--r n. O Signature`: � p��i!'ii . _ Date: _ � aaq *The name of the indioidual and the person who signs this declaration moat be the same. If a corporation is listed, a corporate officer must sign the declaration (President, Vice-President, Chairman, Secretary or Treasurer) FOR CITY UBE ONLY ACCOUNT CLOSURE AUTHORIZATION: Date Requested: _ ❑ Completed n Inactive Print Name: _ ❑ Withdrawn ❑ Collections Signature: ❑ Other DEPARTMENT ROUNTING FOR AUTHORIZATION: ❑ Comm Dev, ❑ Building ❑ Engineering ❑ Finance ❑ Admin. 12 h`o cl United City ol' Yorkeille -, o County Seat of Kendall County petitioner Deposit Account 1 900 Game Carm Road Yorkville, Illlnols, 60560 Acknowledgment of Financial •� GI a�`� � Telephone: 630-553-4S53-4 350 Fax: 630-553-7575 CE tom" Website: www.yorkvi//e.i/.us Responsibility Development/Property Address: Project NO.: FOR USE ONLY Fu nd�Account No.:FOR clrY USE 0MY Petition/Approval Type: check appropriate box(es) o/apps ovo/ requested ❑ Concept Plan Review ❑ Amendment (Text) (.Annexat:ion) (Plat) ❑ Annexation ❑ Rezoning O Special Use ❑ Mile and ''/. Review O Zoning Variance ❑ Preliminary Plan ❑ Final Plans ❑ Y.U.D. ❑ Final Plat Petitioner Deposit Account Fund: It is the policy, of the United City of Yorkville to require any petitioner seeking approval on a project or entitlement. request to establish a Petitioner Deposit Account Fund to cover all actual expenses_ occurred as a result of processing such applications and requests. Typical requests requiring the establishment of a Petitioner Deposit. Account Fund include, but are not limited to, plan review of development approvals/engineering permits. Deposit account funds may also be used to cover costs for services related to legal fees, engineering and other plan reviews, processing of other governmental applications, recording fees and other outside coordination and consulting fees. Each fund account is established with an initial deposit based upon the estimated cost for services provided in the INVOICE & WORKSHEET PETITION APPLICATION. This initial deposit is drawn against to pay for these services related to the project or request. Periodically throughout the project review/approval process, the Financially Responsible Party will receive an invoice reflecting the charges made against the account. At any time the balance of the fund account fall below ten percent (10%) of the original deposit amount, the Financially Responsible Party will receive an invoice requesting additional funds equal to one-hundred percent (100%) of the initial deposit if subsequent reviews/fees related to the project are required. In the event that a deposit account is not immediately replenished, review by the administrative staff, consultants, boards and commissions may be suspended until the account is fully replenished. If additional funds remain in the deposit account at the completion of the project, the city will refund the balance to the Financially Responsible Party. A written request must be submitted by the Financially Responsible Party to the city by the 151), of the month in order for the refund check to be processed and distributed by the 15"1 of the following month. All refund checks will he made payable to the Financially Responsible Party and mailed to the address provided when the account was established. ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY' ame/Company Name: Address: City: State: Zip Code: e 622/ .rs W4 L T le ono: Mobile: Fa E-mail: r 3� Financially Responsible Party: I acknowledge and understand that as the Financially Responsible Party, expenses may exceed the estimated initial deposit and, when requested by the United City of Yorkville, f will provide additional funds to maintain the required account balance. Further, the sale or other disposition of the property does not relieve the individual or CompanyiCorporation of their obligation to maintain a positive balance in the fund account, unless the United City of Yorkville approves a Change of Responsible Party and transfer of lunds. Should the account on into deficit, all City work may stop until the roquustcd replenishment deposit is received. Print Name: In tt� _�71P.� _ Title:....C. � • . Signature' Date: The name of the individual and the person who signs this declaration mast be the same. if a corporation is tested, a corporate officer must sign the declaration (President, Vice-President, Chairman, Secretary or Treasurer) FOR CITY.USE.ONLY _ ACCOUNT CLOSURE AUTHORIZATION: Date Requested: _ 0 Completed ❑ Inactive Print Name: _ ❑ Withdrawn ❑ Collections Signature: ❑ Other DEPARTMENT ROUNTING FOR AUTHORIZATION: ❑ Comm Dev. ❑ Building ❑ Engineering ❑ Finance ❑ Admin. 9 EXHIBIT " A" Legal Description THAT PART OF THE SOUTHWEST QUARTER OF SECTION 28, MERIDIAN BEING DESCRIBEp qS FOLLOWS; BEGINNING AT THE SUBDIVISION; THENCE NORTH TOWNSHIP 37 NORTH, RANGE 7 EAST OF TH OF 178.69 FEET; THENCE NORTH788 DEGREES S MINUTES 15 SECONDS WEST SOUTHEAST ORNER OF E THIRD PRINCIPAL ILLINOIS ROUTE NO, DESCRIBED GREES 30 MINUTES 45 SECONDS E LONG THE EAST L NE OF SAID UNIT UNIT SIX AYDISTANCE ALONG SAID W 47 AS WAY LINE By ORDER VESTING TITLE PER AST 382'91 FEET TO THE WEST RIGHT SOUTH 18 DEGREES 15 MINUTES LINE HAVING A RADIUS OF 749.89 FEET, A D STANCE OF OW00 FEET W R HT OF WqY LINE SECONDS EAST FROM TH 7E5 43 SECONDS WEST 189.84 FEET TO A LINE DRAWN 0037 FE THENCE SOUTHWESTERLY THE POINT OF BEGINNING, IN BRISTOL BTOWN H P gryp HOSE CHORD SEARS THENCE SOUTH 88 DEGREES 30 MINUTES 45 SECONDS WEST 318 94 FEET TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. ADJOINING OWNERS TO THE PROPERTY OF PARCEL No. 02-28-303-026 & 02-28-303-027 02-28-303-022 Yorkville, IL 60560 Lue Haig PO Box 144 02-28-327-019 Plano, IL 6056 Tony Gilchrist 206 Walnut 02-28-303-009 Yorkville, IL 60560 Matt 6 LLC C/O Sikich Gardner 02-28-327-013 1415 W. Diehl Road Philip and Renee Haugen Naperville, IL 60560 208 Walnut Street Yorkville, IL 60560 02-28-329-045 Earthmover Credit Union 02-28-327-018 2195 Baseline Road Robyn Dennis Williams Oswego, IL 60543 205 Jackson Street Yorkville, IL 60560 02-28-329-032 Yorkville Walnut Plaza, LLC 02-28-327-007 PO Box 5010 Don and Laurel Williams Vernon Hills, IL 60061 207 Jackson Street Yorkville, IL 60560 02-28-329-013 Longford Lakes Condo HOA 02-28-303-024 2208 Midwest Road William Schneider Oak Brook, IL 60523 807 N. Bridge Street Yorkville, IL 60560 02-28-327-021 02-28-327-005 02-28-303-023 Michelle Augustyn Laraine & Marian Griswold 906 Bristol Road 805 N Bridge Street Yorkville, IL 60560 Yorkville, IL 60560 02-28-327-022 02-28-303 -021 02-28-327-023 Peter & Cheri Lodestro First National Bank DeKalb 35 Lexington Circle 210 E. Jackson Street Yorkville, IL 60560 Yorkville, IL 60560 02-28-303 -025 02-28-327-020 Brett & Cara Behrens Donna Diehl 801 N. Bridge Street 204 Walnut Street Yorkville, IL 60560 Yorkville, IL 60560 02-28-302-008 United City of Yorkville 02-28-303-002 800 Game Farm Road John Weber Yorkville, IL 60560 1102 Sunset Street Yorkville, IL 60560 02-28-302-007 Darin & Andrea Peterson 02-28-303-003 1005 Sunset Martin & Araceli Benitez Yorkville, IL 60560 1012 Sunset Yorkville, IL 60560 02-28-302-006 Frietsch Family Trust 02-28-303 -004 1007 Sunset Carmelo & Letica Perez Yorkville, IL 60560 1010 Sunset Street Yorkville, IL 60560 02-28-303-018 Patrick & Karin Dowd 02-28-303-005 1006 Sunset Adan & Ana Arriaga Yorkville, IL 60560 1008 Sunset Yorkville, IL 60560 02-28-303-004 Mark John Dec. of Liv. TR. & 02-28-352-028 Ruth Johnson Dec. of Liv.TR. 02-28-352-029 204 Georgeanna Dennis & Julie Knuaf Yorkville, IL 60560 910 N. Bridge Street Yorkville, IL 60560 02-28-303-003 Wallace III & Nancy Ellen 02-28-352-024 206 Georganna I " National Bank DeKalb Yorkville, IL 60560 Real T Properties PO Box 1010 02-28-303-002 Westmont, IL 60559 Ronny Scott 208 Georganna 02-28-352-027 Yorkville, IL 60560 Homan & Donna Horton 306 King Street 02-28-303-001 Yorkville, IL 60560 Ardis Lee 210 Georganna Logan Kraber Yorkville, IL 60560 805 Bristol Avenue Yorkville, IL 60560 02-28-303-001 Maria Lopez & Sean Ogara 1104 Sunset Street 1010=,r q ;1008 - IF 7 z i -I k• rk��_— l a 3 w* - Walnut t y tt F 805 = ' f 91 � _ F - ++ X t 47 �►r._ CO 803 801 �►� �_ �, - `�'� � � —Jackson-St - United City f Yorkville GIS The Data is provided without warranty or any representation of V`•. Y r i m l i n r m l n it i h responsibility f h cu ac t ess o co ete ess s t e o the Y. P Parcel Data and Aerial Photography Reque "to determine accuracy,timeliness,completeness,and Wd`1r, Provided By Kendall County GIS appropriateness of its use. The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. S PLAT OF ANNEXATION OF THAT PART OF THE SOUTHWEST QUARTER OF SECTION 28,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF r LOT 63 OF UNIT SIX,COUNTRYSIDE SUBDIVISION;THENCE NORTH 01 DEGREES 24 MINUTES 15 SECONDS WEST ALONG THE EAST LINE OF SAID UNIT SIX,A DISTANCE OF 178.69 FEET;THENCE NORTH 88 DEGREES 30 1 V MINUTES 45 SECONDS EAST 362.91 FEET TO THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE NO.47 AS DESCRIBED BY ORDER VESTING TITLE PER DOCUMENT NO.201200000538;THENCE SOUTHWESTERLY ALONG SAID WEST RIGHT OF WAY LINE HAVING A RADIUS OF 749.89 FEET,A DISTANCE OF 190.37 FEET,WHOSE CHORD BEARS SOUTH 18 DEGREES 15 MINUTES 43 SECONDS WEST 189.84 FEET TO A LINE DRAWN NORTH 88 DEGREES 30 MINUTES 45 SECONDS EAST FROM THE POINT OF BEGINNING;THENCE SOUTH 88 DEGREES 30 MINUTES 45 SECONDS WEST 318.94 FEET TO THE POINT OF BEGINNING,IN BRISTOL TOWNSHIP AND THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS. 0' 41 80' 120' SCALE 1"=40' STATE OF ILLINOIS) C� )SS COUNTY OF KENDALL) 02-2&303418 ss>r THIS IS CERTIFY THAT THE TERRITORY DESCRIBED AND SHOWN DOM PATRICK&KARIN HEREON WAS INCORPORATED INTO AND MADE A PART OF THE ZONER-2 02-2ea03422 UNITED CITY OF YORKVILLE,ILLINOIS BY ORDINANCE NO. H LOT ZOGE OUR HAG, B4 ,ADOPTED BY THE MAYOR AND CITY COUNCIL OF H THE UNITED CITY OF YORKVILLE,ILLINOIS,THIS DAY OF 65 ,2013. ` tip EXISTING CORPORATE LIMITS I � CITY CLERK DE 0 S�8/// / 5.831 LOT W JI 02-28-329432 64 YORKVILL LH3E WALNIfr PLPZA Z � ZONE:63 "HEREBY ANNEXED" *\-IY Bn4i1rA,"hLiir � BRIDGE ST. 02-2 8-303-008 (VACANT LOT) " PFIST ,1 20NE.R-2"ALPH III&MA ^ Ua i= 1.4573 ACRES H Vter-01 Pky LOT i< EXCEPTION LE ORDER (I '� 63 /m� #2014 00 0530 PER DOC / j : to sUR 51 u3 " celmmw l+ /p fl B I� u — DEE S.88"30'45" MEA$ S.BB°31'34"W. 31B 94 / 02-23x9021 AUCDSTYN,MICHELLE ZONE:R-2 D EXISTING CORPORATE LIMITS !t 0-28 w Walnuts! SCHNPI34x4 ry Walnul St scHNEIDER,WILLIAM C SURVEYOR'S CERTIFICATE ZONE:8 3 N LOCATION STATE OF ILLINOIS ) M E JysBSVOSt )ED �J COUNTY OF KENDALL) Welcnm THIS IS TO CERTIFY TO THE CLIENT, STUART WEIRDER,THAT I,RONALD D.BAUER,AN ILLINOIS PROFESSIONAL LAND binc`J I'' amis Alwo:� rgoex(�11iQu SURVEYOR IN AFORESAID COUNTY AND STATE,HAVE COMPLETED A PLAT OF ANNEXATION ON THE GROUND OF THE / PROPERTYHEREON DESCRIBED.THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM LOCATION MAP STANDARDS FOR A PLAT OF ANNEXATION AND THAT THE PLAT HEREON DRAWN REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY.THIS SURVEY DOES NOT CONSTITUTE A RECORD TITLE SEARCH AND ALL EASEMENTS AND OR (NOT TO SCALE) SETBACKS SHOWN ARE EITHER THOSE DESIGNATED ON THE RECORDED SUBDIVISION PLAT OR THOSE PROVIDED TO US BY OTHER DOCUMENTATION.NO ATTEMPT HAS BEEN MADE TO OBTAIN OR SHOW DATA CONCERNING EXISTENCE OF PUBLIC UTILITIES OR STORM WATER RUNOFF EITHER ONTO OR OFF FROM THE SITE.. GIVEN UNDER MY HAND AND SEAL AT PIANO,ILLINOIS THIS 3rd DAY OF MAY,2013 A.D. ILLINOIS PROFESSIONAL LAND SURVEYOR#2352 REGISTRATION EXPIRES 1"0-2014 RB & ASSOCIATES REFER ED&ASOCIATES CURRENT INSURANCE POLICY OTHEED. THIS ETHANDRAWING IS THE PROPERTY OF CONSULTING, INC rbac RB 8 ASSOCIATES CONSULTING,INC.AND SHALL NOT BE USED FOR ANY OTHER PURPOSE THAN SDRAW NH Is NOT WITHOUT THE WRITTEN CONSENT OFAN AUTHORIZED AGENT OF RS&ASSOCIATES CONSULTING,INC..THIS DRAWING IS NOT CONSIDERED TO BE ORIGINAL UNLESS THE SURVEYOR'S SEAL IS AN IMPRESSED SEAL OR DISPLAYED IN RED INK. 980 4WMAIN STREET DESIGN FIRM# PIANO,IL 60545 184-004475 I ftEVISEDJUNE24,2013 (630)552-7452 www.rb-associates.net DWG#2013-14411-001 B(ANNEX) PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2013-05 NOTICE IS HEREWITH GIVEN THAT, Priority Health and Body Makeover, Inc., petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting to annex and rezone land located in unincorporated Kendall County from the County's B-3 Highway Business District to the United City of Yorkville's B-2 General Business District. The real property consists of two (2) parcels totaling approximately 1.5 acres generally located immediately west of North Bridge Street (IL Route 47),just north of Walnut Street in Kendall County, Illinois. The legal description is as follows: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 63 OF UNIT SIX, COUNTRYSIDE SUBDIVISION; THENCE NORTH 01 DEGREES 24 MINUTES 15 SECONDS WEST ALONG THE EAST LINE OF SAID UNIT SIX, A DISTANCE OF 178.69 FEET; THENCE NORTH 88 DEGREES30 MINUTES 4 SECONDS EAST 382.91 FEET TP THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE NO. 47 AS DESCRIBED BY ORDER VESTINGTITLE PER DOCUMENT NO. 201200000538; THENCE SOUTHWESTERLY ALONG SAID WEST RIGHT OF WAY LINE HAVING A RADIUS OF 749.89 FEET, WHOSE CHORD BEARS SOUTH 18 DEGREES 15 MINUTES 43 SECONDS WEST 189.84 FEET TO A LINE DRAWN NORTH 88 DEGREES 30 MINUTES 45 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 30 MINUTES 45 SECONDS WEST 318.94 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP AND THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PIN #02-28-303-019; 02-28-303-020 NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, July 10, 2013 at 7 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, 60560. The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk Memorandum 0 To: City Council 1es6 Esr. From: Krysti J. Barksdale-Noble, Community Development Director 1 `= CC: Bart Olson, City Administrator Date: July 18, 2013 TE Subject: PC 2013-04—Priority Health & Body Makeover Kendae counTy �� Public Hearing regarding Petition for Annexation <kE '►�' Petitioner's Request & Background: The petitioner is seeking to annex an approximately 1.5-acre property located west of IL Route 47, just south and adjacent to the Sunset Hotel (see attached map) to within the City of Yorkville's corporate boundaries. The property, which consists of two (2) unimproved parcels, currently is zoned B-3 Highway Business District in unincorporated Kendall County, Illinois. The ultimate goal of the petitioner is to rezone the land to within Yorkville's B-2 General Business District for the purpose of developing a medical office building. According to the Kendall County Zoning Ordinance, uses within the B-3 Highway Business District are similar in classification as uses in the proposed B-2 General Business District which identifies office, business and professional uses, including medical clinics, as permitted uses.1 Although the character of the proposed future development of the property for a medical office building is highly consistent with uses already permitted per the County's designation, annexation into Yorkville's corporate boundaries gives the City control over the building and bulk regulations. While the City Council is only considering the petition for annexation at this time, the rezoning request has been reviewed by the Plan Commission during a public hearing process at their July 10`x' meeting and a recommendation is forthcoming for City Council consideration and action at the August 1P council meeting. Annexation Agreement Request Attached is a copy of the Petitioner's draft annexation agreement, which has been reviewed by the City Attorney. The basic provisions provided in the agreement generally cover the following: 1. Legal Conformance with all applicable city ordinances — the petitioner is not seeking any variances, relief from or special consideration of any ordinances, with the exception of on- site marketing signage (see#8). 2. Compliance and validity—the terms of the annexation agreement are shall be valid upon the annexation and rezoning of the property to within the B-2 General Business District. 3. Enactment of an Annexation Ordinance — Requires an ordinance approving the rezoning of the property to B-2 within 21 days after passage of the annexation agreement. 4. Compliance with applicable ordinances — agreement that if ordinances are amended or new ordinances are adopted after the date of adoption of this agreement, that the subject property is treated equally like any other affected property similarly zoned or situated. 5. Permit Fees—developer agrees to pay all permit fees as currently required, and requests that as permit fees increase, from time to time, they are equitably applied to all other developments. 1 http://www.co.kendall.il.us/zoning/zoning ordinance/PBZ_zoning e09.pdf 6. Contributions — no impact fees will be required (i.e. park or school land/cash fees, school transition fees, transportation fees, etc.) since this is not a residential development. 7. Mass Grading &Preparation of Property for Development—permits the developer to make necessary site preparations, per city standards and ordinances, necessary for building construction. 8. Development Marketing Signage — allowance of one (1) illuminated double-faced 4'x12' sign on the property along the frontage adjacent to IL Route 47 announcing the development of the property as a medical building until certificate of occupancy of the building. 9. Oversizing of Improvements — Standard provision allowing for recapture if oversizing of public utilities which will benefit properties other than the subject property occurs as part of the development. 10. Recapture Agreements — City agrees if there are any benefiting parties of oversized public utilities that a recapture agreement shall be entered into. 11. Encumbering the Property —An easement agreement has already been entered into with the current property owner for the City to extend sanitary sewer service as part of IDOT's Route 47 construction project which will benefit the subject property as well as other properties located to the north. The owner is acknowledging that the City has a right to recapture from the owner for the proportionate share for the sanitary sewer extension. 12. Onsite Easements & Improvements — Provision allows for cooperation on the City and Owners part should existing easements need to be granted, vacated and/or relocated for the future development of the property. Peripheral Considerations While the City Council is considering the petitioner for annexation at this public hearing, the proposed future land use and zoning, as requested in the annexation agreement, has also been analyzed by staff. Below is a land use and zoning chart of adjacent properties to the subject property: Existing Zoning Existing Land Use Comments North B-3 Service Business District Commercial Sunset Hotel South B-3 Service Business District Commercial Aqua Paving and Construction located at 807 N.Bridge Street. East B-3 Service Business District Commercial Retail Strip Development;Intervening Transportation Land Use(IL Rote 47). Residential properties located at 1004 West R-2 One-Family Residential District Residential and 1006 Sunset Avenue.Dense line of vegetation between subject property and residences. Comprehensive Plan The property is located within an area designated as "Commercial" within the 2008 Comprehensive Plan Update. The intent of the commercial designation, according to the Comprehensive Plan, is to promote market-sensitive development with an emphasis on retail, service, restaurant and entertainment-based uses. Staff Comments: According to Section 10-4-5 of the City's Zoning Ordinance, all petitions for annexation upon approval will be automatically classified in the R-I One-Family Residence District until otherwise requested for rezoning before the Plan Commission. In the interest of time, the Petitioner has filed concurrent applications for annexation and rezoning. As mentioned previously, the Plan Commission's recommendation will be forwarded to the City Council for consideration at the August 13, 2013 meeting. Attachments: 1. Copy of Petitioners' Application w/attachments. 2. Aerial of Subject Property. 3. Plat of Annexation,prepared by RB &Associates Consulting,Inc., date revised June 24, 2013. 4. Copy of Public Notice. STATE OF ILLINOIS ) COUNTY OF KENDALL ) ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT ("Agreement"), is made and entered into as of the day of , 2013, by and between CASTLE BANK N.A., A DIVISION OF FIRST NATIONAL BANK OF OMAHA (the "OWNER"), PRIORITY HEALTH AND BODY MAKEOVER INC. (the "DEVELOPER") and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (the "CITY') by and through its Mayor and City Council (the "Corporate Authorities"). WITNESSETH: WHEREAS, the OWNER is the owner of a certain tract of property comprising 1.4573 acres legally described and identified in the Petition for Annexation, which is attached hereto as Exhibit A, (the "PROPERTY') which exhibit is made a part hereof and which real estate is contiguous to the corporate limits of the CITY; and, WHEREAS, the DEVELOPER is the contract purchaser and desires to annex the PROPERTY to the CITY for the purposes of developing a medical office building; and, WHEREAS, OWNER and DEVELOPER request that the SUBJECT PROPERTY be zoned B-2 General Business District under the provisions of the City Zoning Ordinance ("Zoning Ordinance"). WHEREAS, OWNER and DEVELOPER desire to proceed with the development thereof for medical office building use in accordance with the terms and provisions of this Agreement. 1 WHEREAS, OWNER and DEVELOPER desire and propose pursuant to the provisions and regulations applicable to the B-2 General Business District of the Yorkville Zoning Ordinance; and, WHEREAS, it is the desire of the parties that the development and use of the PROPERTY proceed in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. WHEREAS, public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning on July 10, 2013 and the Corporate Authorities conducted the public hearing on this Agreement on July 23, 2013. WHEREAS, all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code regarding matters in this Agreement have been given. WHEREAS, The Corporate Authorities, after due and careful consideration, have concluded that the execution of this Agreement and the rezoning and development of the PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. LEGAL CONFORMANCE WITH LAW This Agreement is made pursuant to and in accordance with the provisions of Section 1 I-15.1-1 of the Illinois Municipal Code (65 ILCS 5111-15.1-1 et seq.) and the CITY ordinances, as amended from time to time. The above whereas clauses are hereby made a part of this Agreement by incorporation into this paragraph. 2. AGREEMENT: COMPLIANCE AND VALIDITY The OWNER has filed with the City Clerk a proper petition, Exhibit A, conditioned on the execution of this Agreement and the compliance with the terms and provisions contained herein, 2 to annex the PROPERTY to the CITY. It is understood and agreed that this Agreement in its entirety, together with the aforesaid petition for annexation, shall be null, void and of no force and effect unless the PROPERTY is validly annexed to the CITY and is validly zoned and classified in the B-2 General Business District as contemplated in this Agreement. 3. ENACTMENT OF ANNEXATION ORDINANCE The Corporate Authorities within 21 days of the execution of this Agreement by the CITY will enact a valid and binding ordinance (the "Annexation Ordinance") annexing the PROPERTY to the CITY. Said Annexation Ordinance shall be recorded with the Kendall County Recorder's Office along with the Plat of Annexation, attached hereto and made a part hereof as Exhibit B. Recordation shall take place no more than 30 days after enactment of the Annexation Ordinance. 4. ENACTMENT OF ZONING ORDINANCE Within 21 days after the passage of the Annexation Ordinance, the Corporate Authorities shall adopt a valid and binding ordinance zoning the PROPERTY in the B-2 General Business District subject to the restrictions further contained herein and all applicable ordinance of the CITY as amended from time to time. 5. COMPLIANCE WITH APPLICABLE ORDINANCES The OWNER and DEVELOPER agree to comply with all ordinance of the CITY as amended from time to time in the development of the PROPERTY, provided that all new ordinances, amendments, rules and regulations relating to zoning, building and subdivision of land adopted after the date of this Agreement shall not be arbitrarily or discriminatorily applied to the PROPERTY but shall be equally applicable to all property similarly zoned and situated to the extent possible. 6. PERMIT FEES Permit fees may be increased from time to time so long as said permit fees are applied consistently to all other developments in the CITY to the extent possible. 3 7. CONTRIBUTIONS The CITY shall not require the OWNER or DEVELOPER to donate any land or money to the CITY, or any other governmental body, since the Property is being used for business purposes. Except as otherwise provided in this Agreement, the CITY shall not require that any part of the PROPERTY be dedicated for public purposes including the exercise of the authority granted in Section 5/11-12-8 of the Illinois Compiled Statutes (65 ILCS 5/11-12-8). 8. MASS GRADING AND PREPARATION OF PROPERTY FOR DEVELOPMENT The DEVELOPER shall, at its own risk, have the right, prior to obtaining approval of final engineering drawings and prior to approval of a Building Permit being issued, to undertake: mass grading work, stormwater detention, filling and soil stockpiling on the property in preparation for the development of the property upon city approval of a grading plan and soil erosion plan, and compliance with all other items required by the city's Stormwater Management Ordinance. 9. DEVELOPMENT MARKETING SIGNAGE DEVELOPER may install and maintain one (1) illuminated double-faced four (4') foot by twelve (12') foot sign at the front of the Property contiguous to Illinois Route 47 until a certificate of occupancy is issued for the medical building on this PROPERTY. 10. OVERSIZING OF IMPROVEMENTS In the event oversizing, deepening, or the location of public improvements is hereafter requested and properly authorized by the CITY for the purpose of serving property other than the PROPERTY, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 11 hereof, with DEVELOPER providing for the payment of the cost of such oversizing, deepening or location by the OWNER of properties benefited by the same. The improvements which qualify as benefited properties shall be identified prior to the United City of Yorkville issuing a building permit for the Property. 11. RECAPTURE AGREEMENTS A. Benefiting the PROPERTY. 4 The CITY agrees that in accordance with Section 11-12-8 of the Illinois Compiled Statutes, (65 ILCS 5/11-12-8), the CITY shall enter into recapture agreements with the OWNER and DEVELOPER for a portion of the costs of certain public improvements constructed by OWNER and DEVELOPER which the CITY has determined may be used for the benefit of property (the "Benefited Properties") not located within the PROPERTY which will connect to and/or utilize said public improvements. B. Encumbering the PROPERTY. Pursuant to a written Easement Agreement previously entered into by the prior Owner of the Property and the CITY, it is anticipated that the CITY would cause sanitary sewer service to be extended westerly across Route 47 from a manhole that is currently located in or near the Right- of-Way of Walnut Street and State Route 47 on the east side of State Route 47 at the expense of the CITY. It was further anticipated that the CITY would extend that sanitary sewer main north to service not only the PROPERTY but additional property to the north of the PROPERTY on the west side of Route 47 that currently lacks sanitary sewer service. OWNER and DEVELOPER understand that the CITY shall have a right to require as part of this Agreement a recapture as to a proportionate share of the cost of said sanitary sewer extension. 12. 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 this Agreement and City Ordinances, the CITY shall fully cooperate with 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, 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 5 for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. The CITY agrees to assist the DEVELOPER to obtain necessary easements and Illinois Department of Transportation Permits to construct said improvements. 13. CONFLICT IN REGULATIONS The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 14. GENERAL PROVISIONS A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNER and DEVELOPER, and the CITY. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. 6 D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (I) If to OWNER: Castle Bank N.A. 109 W. Veterans Parkway Yorkville, IL 60560 DEVELOPER: Priority Health& Body Inc. 201 E. Veterans Parkway Yorkville, IL 60560 with copies to: Attorney Daniel J. Kramer 1107A S. Bridge Street Yorkville, IL 60560 Fax: (630) 553-5764 (II) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-7575 with a copy to: Kathleen Field Orr 53 West Jackson Blvd. Suite 964 Chicago, IL 60604 Fax: (312) 382-2127 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. 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 OWNER and DEVELOPER 7 shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the PROPERTY. F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the PROPERTY not affected by such amendment. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER and DEVELOPER to sell or convey all or any portion of the PROPERTY, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER 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. I. 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 or OWNER. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. 8 K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNER and DEVELOPER's expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same document. N. 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 O. 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 OWNER, including, but not limited to, county, state or federal regulatory bodies. Signature Page follows IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNER: CITY: CASTLE BANK N.A., A DIVISION OF UNITED CITY OF YORKVILLE, 9 FIRST NATIONAL BANK OF OMAHA an Illinois municipal corporation By: By: Mayor Attest: City Cleric DEVELOPER: PRIORITY HEALTH AND BODY INC. AN ILLINOIS CORPORATION By: Dated: 10 EST. `� ��ti 1836 0 , 1 �.r United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-3436 APPLICATION FOR ANNEXATION Local government has the authority to expand its boundaries by annexing unincorporated lands that are contiguous to their corporate limits. According to state law, all newly annexed land is automatically zoned to the most restrictive classification under the city 's zoning ordinance, or R- 1 One-Family Residence District. Therefore, all voluntary petitions for annexation requesting a zoning classification other than R-1 One-Family Residence District and seeking to enter into an annexation agreement with the city which specifies the desired zoning and other contractual approvals (i.e., amendments to zoning ordinance, variances, building codes, development impacts and contributions, etc.) that will affect the property and successor owners requires a public hearing before the City Council. This packet explains the process to successfully submit and complete an Application for Annexation. It includes a detailed description of the process and the actual application itself (Pages 6 to 9). Please type the required information in the application on your computer. The application will need to be printed and signed by the applicant. The only item that needs to be submitted to the city from this packet is the application. The rest of the packet is to help guide you through the process unto completion. For a complete explanation of what is legally required throughout the Annexation process, please refer to "Title 10, Chapter 4, Section 10 Annexations" of the Yorkville, Illinois City Code. I Procedure V low Chart . Step 1 Submit Application, Fees, and All' Pertinent 746nnation to the Community Development Department Step 2 PlanCouncdRevtew (Meets 2nd?and 4th Thu s&' XI,6f the month) i Step 3 is City CouncilRublic Hears (2nd and :4th-Tuesday of the: {vtonth) 2 Application Submital The following must be submitted to the Community Development Department: • 2 original signed applications with legal description. 5 copies each of the application and exhibits, proposed drawings, location map, and site plan. Large items must be folded to fit in a 10" x 13" envelope. • Appropriate filing fee. (See attached Fee Sheet on page 5) I CD containing an electronic copy (pdf) of each of the signed application (complete with exhibit), proposed drawings, location map, and site plan. A Microsoft Word document with the legal description is required on the CD. Within one ( 1 ) week of submittal, the Community Development Department will determine if the application is complete or if additional information is needed. These materials must be submitted a minimum of 45 days prior to the targeted Plan Commission meeting. An incomplete submittal could delay the scheduling of the project. Applicant will be responsible for payment of recording fees and public hearing costs, including written transcripts of the public hearing and outside consultant costs (i .e. legal review, land planner, zoning coordinator, environmental, etc.). The applicant will be required to establish a deposit account with the city to cover these fees. The Petitioner Deposit Account/Acknowledgement of Financial Responsibility form is attached to this document and must be submitted with the application. Plan Council Applicant must present the proposed annexation request to the Plan Council. The Plan Council meets on the 2nd and 4th Thursday of the month. The members of the Council include the Community Development Director. City Engineer, the Building Department Official, the Public Works Director, the Director of Parks and Recreation, a Fire Department Representative, and a Police Department Representative. Upon recommendation by the Plan Council , applicant will move forward to the Plan Commission hearing. City Council Applicant will attend the City Council public hearing where the recommendation of the annexation will be considered. The City Council meets on the 2nd and 41h Tuesdays of the month at 7:OOpm. Notice will be placed in the Kendall County Record by the United City of Yorkville. The applicant is responsible for sending certified public hearing notices to adjacent property owners within 500 feet of the subject property no less than 15 days and no more than 30 days prior to the public hearing date. Twenty Four (24) hours prior to the public hearing, a certified affidavit must be filed by the applicant with the Community Development Department containing the names, addresses and permanent parcel numbers of all parties that were notified. City Council will make the final approval of the annexation request. 3 The Community Development Director shall determine if an application meets or fails to meet the requirements stated above. If the Director determines that the application is incomplete it will become dormant under these circumstances: • The applicant has been notified of such deficiencies and has not responded or provided a time line for completing the application within ninety (90) days from the time of notification. • The applicant has not responded in writing to a request for information or documentation from the initial plan commission review within six (6) months from the date of that request. • The applicant has not responded to a request for legal or engineering deposit replenishment for city incurred costs and fees within ninety (90) days from the date of the request. If the Community Development Director has sent the required notice and the applicant has not withdrawn their application or brought it into compliance, then the director shall terminate the application. After termination, the application shall not be reconsidered except after the filing of a completely new application. Withdrawal or termination of an application shall not affect the applicant's responsibility for payment of any costs and fees, or any other outstanding debt owed to the city. The balance of any funds deposited with the city that is not needed to pay for costs and fees shall be returned to the applicant. (Ord. 2011 -34, 7-26-2011 ) 4 SEO O+r` United City of Yorkville ,2� w 800 Game Farm Road Yorkville, Illinois 60560 EVE "" - M6 Telephone: 630-553-4350 �L Fax: 630-553-7575 'r'" w?� INVOICE & WORKSHEET <te t�v PETMON APPLICATION CONTACT: DEVELOPMENT/ PROPERTY: Acreage: Date: Concept Plan Review: I I Yes I J No S Engineering Plan Review Deposit of$500 due Amendment: I I Yes I I No S $500.00 Fee due for each: (Annexation) (Plan) (Plat) (PUD) Annexation: I I Yes I I No S $250.00, plus S 10/acre for each acre over 5. Nofacres: - 5 = x $ 10 = + $250 Remnine: I I Yes I I No S $200.00, plus S10/acre for each acre over 5. of acres: - 5 = x $ 10 = + $200 If annexing and rezoning charge only I per acre fee. If rezoning to a PUD, charge PUD Development Fee- not Rezoning Fee. special Use: 11 Ves I I No S $250.00, plus $ 10/acre for each acre over 5. 4ofacres• - 5 = xS10 = + 5250 Zoning Variance: $85.00 11 Yes I I No S Outside Consultants deposit of$500.00 due Preliminary Plan Fee: 5500.00 I I Yes I I No S P.U.D. Fee: $500.00 I I Yes I I No S Final Plat Fee: 5500.00 11 Ves I I No 5 Eneineerina Plan Review Deposit: 11 Ves I I No 5 I ] Less than I acre = $1,000 due I ] Over I acre and less than 10 acres = S2,500 due I I Over 10 acres and less than 40 acres = $5,000 due I J Over 40 acres and less than 100 acres = S 10,000 due I I Over 100 acres = $20,000 due Outside Consultants Deposit: I I Yes I I No S Legal, Land Planner. Zoning Coordinator, Environmental Services Annexation Subdivision Rezoning, and Special Use: I Less than 2 acres = $1,000 due I I Over 2 acres and less than 10 acres - S2.500 due I I Over 10 acres = $5,000 due •I OT.AL AMOUNT DUE: S Ww t 0Dn%W D<, tkp. AM Fn Sh.v Mst 5 's 0. 1 Dateof Skbfnisston PC#`; y 1 L 11 ] Mimi 11WHIM In Inu Name of Applicant(s) Priority Health and Body Makeover, Inc. Business Address 1201 E. Veterans Parkway City I Yorkville State IL ZIP 60560 Business Phone 309-737-9298 Business Fax Business Cell Business E-mail priorit healthin@gmaiLcom Name of Holder of Legal Title I Castle Bank, a Division of First National Bank of Omaha If Legal Title is held by a Land Trust, list the names of all holders of any beneficial interest therein: Property Street Address 1121 Lincoln Highway, DeKalb, IL 60115 Description of Property's Physical Location West side of Route 47(south and adjacent to Sunset Hotel) Zoning and Land Use of Surrounding Parcels North B3 Service District East B-3 Service District South B-3 Service District West City Current Zoning Classification Kendall County Kendall County Parcel Number(s) of Property 02-28-303-019 02-28-303-020 6 Attorney Name I Daniel J. Kramer Address F1 107-South Bridge Street City JYorkville State IL ZIP 60560 Phone 630-553-9500 Fax 630-553-5764 E-mail colleen.hanson @att.net Engineer Name Address City State ZIP Phone Fax E-mail Land Planner/Surveyor Name I Ron Bauer Address 14 West Main Street City I Plano State I IL ZIP 60545 Phone 630-552-7452 Fax 630-552-7702 E-mail ron@rb-associates.net Applicant must attach a legal description of the property to this application and title it as "Exhibit A". Applicant must list the names and addresses of any adjoining or contiguous landowners within 500 feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as "Exhibit B". 7 I verity that all the information in this application is true to the best of my knowledge. I understand and accept all requirements and fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. I understand all of the information presented in this document and understand that if an application becomes dormant it is through my own fault and I must therefore follow the requirements outlined above. Applicant Signature Jy Date bndy Malcga'O�e�T-NC Aurrtoriz� ent THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE IN THE SPACE BELOW: " OFFICIAL SEAL " COLLEEN HANSON NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 10/2012015 aaoi3 S CONSENT TO ANNEXATION AGREEMENT NOW COMES CASTLE BANK A DIVISION OF FIRST NATIONAL BANK OF OMAHA the OWNER of the Real Property described in the attached Annexation Petition generally located on the west of Route 47, and adjacent to the limits of the United City of Yorkville and legally described in the attached Annexation Petition, and the undersigned authorized representative thereof being duly sworn on oath states and alleges as follows: 1 . That the Real Property described in the attached Annexation Petition is owned by Castle Bank, a division of First National Bank of Omaha. 2. That no electors reside thereon. 3. That the subject Real Property described in the attached annexation petition is not located within any flood plain nor the Village boundaries of any other Illinois Municipality. 4. That the Real Property described in the attached Annexation Petition is contiguous to the corporate limits of the United City of Yorkville. 5. That the undersigned on behalf of Castle Bank, a division of the First National Bank of Omaha hereby consents to the Annexation Petition being filed herein and requests the City to approve said Annexation Petition. Castle Bank, a Division of First National Bank of Omaha By: Authorized Representati e Verification: Subscribed and sworn to before me, 92013. Notary Public 'OFRCIAL SEAL' LMA K TSMWENIN Ca nMW EVM Mmft f 15, 2010 _ l EXHIBIT " A" Legal Description THAT PART OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP MERIDIAN BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST SUBDIVISION; THENCE 37NORTH, RANGE BAST OF THE THIRD PRINCIPAL OF 178.69 FEET; THENCE NORTH 01 DEGREES 24 MINUTES 15 SECONDS WEST ALONG THE LOT LIE UNIT 51%, C ILLINOIS ROUTE NO. 47 A NORTH 88 DEGREES 30 MINUTES 45 OUNTRYSIDE LONG SAID 47 RIGHT OESCRIBED BYO SECONDS EAST E EAST LINE OF SAID UNIT SI%, A DISTANCE WEEES16 OF WAY LINE HAV NGq VESTING TITLE PER 382.91 FEET TO THE WEST RIGHT OFW SOUTH 18 DEGREES 76 MINUTES 43 SECONDS ETC DISTANCE 20120pp9p53g; THENCE SOUTHWE ER Y SECONDS RT 1". OF 749.89 FEET, q DISTANCE OF 19837 FEET WHOSE THE POINT OF BEGINNING, IN BRISTOL 5 O B OWNS GP TT 18g 8q FEET TO A LINE D HENCE SOUTH 88 DEGREES RAWN NORTH BB DEGREES WEST CHORD BET T AND THE UNITED CITY OORKVILLLE, KENDALL COUNTY, ILLNOIS. FEET TO 1 PLAT OF ANNEXATION DF TOWNSHIP 7NORTH. RANGE T EAST OF THE THIRD PRINCIPAL THAT PART BEINGESCRIBEDAS QUARTER OF SECTION 28,THE SOUTHEAST 3 OR MERIDIAN BEING THENCE 0 FOLLOWS: BEGINNING AT SECOND7HESTAONG THE AST 630E UNIT SIX, UNIT COUNTRYSIDE ST OF 178 SUBDIVISION; THENCE NORTH 01 DEGREES S MINUTES t5 SECONDS WEST ALONG THE EAST LINE OF SAID UNIT SIX, A DISTANCE OF 176.69 FEET; THENCE NORTH e6 DEGREES 30 MINUTES 45 SECONDS EAST ENT 332.91 N FEET TO THE WEST RIGHT OF RAY LINE OF ILLINOIS ROUTE ST NO. 47 RIG AS OF WAY IN H ORDER VESTING TITLE PER DOCUMENT N0. OF 19037 0000536; THENCE E CHORD SEARS SOUTHWESTERLY ALONG SAID WEST RIGHT OF WAY LINE HAVING A RADIUS OF 749.89 FEET, DISTANCE NORTH W D FREE, WHOSE CHORD BEARS 1 SOUTH 18 DEGREES 15 MINUTES 63 SECONDS WEST 169.6 FEET 8 A EGG DRAWN NORTH 68 DEGREES 30 MINUTES 45 SECONDS EAST FROM THE POINT OF TOWNSHIP THENCE SOUTH SB DEGREES 30 MINUTES D SECONDS WEST 31 I S4 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP AND THE UNITED CITY OF YORKVILLE. KENOALL COUNTY, ILLINOIS. Scale: 1" = 40' PATMCKI VAUN ZON 44 OBIRLMULi rr NU KATE URN - . gl YORKIKC VIGNUT P., , m ` \ BRIDGE Si'. Hue w (VACANi' LO'1) / PHSTU 1 .4573 ACRES 16 PEEP eso-SM5w NEAB e,, ,, w , AM / � „PH •eo- anmm VW ZMEP1VN.WINDS SCHREIBER URVEVOP5 CERTIFICATE a.vwaw ZONE 6) LL PHC /OS STATE OF I / LOCATION - RIC COUNTY OFHENDPty THIS 15 TO CERTIFY TO THE CLIENT. STUART WEIHLER,THAT I,RONALD D.BAUER,AN ILLINOIS PROFESSIONAL LAND SURVEYOR N AFORESADCOUNTY AND STATE,HAVECOMPLETEDAPIATOF W -- -- — , CONFORMS TO in CURRENT IumOIC MINIMUM STANDARRDS FOR A FLAT OF ANNEXAAnox�AND THHAT THE / LOCATION MAP PUT HEREON OMWN REPRESENTS TIE FACTS FOUND AT THE PME OF THE SURVEY. THIS SURVEY DOES INDT TO SCALE) NOT CONSTITUTE A RECORD TRUE SEARCH AND ALL EASEMENTS AND OR SETBACKS SHOWN ME EITHER HOSE DESIGNATED ON THE RECORDED SUBOIVISIOAIRATOR TIOSEPROAACIMTO US BY OTHER OOCUME NOTION. NO AT TEMPT HAS BEEN MACE TO OBTAIN OR SMYN DATA CONCERNING EXIS TENCE OF PUBLIC UTILITIES OR STORM WATER RUNOFF EITHER ONTO OR OFF FROM THE SITE GIVEN UNDER MY NANO AN SEAL AT PLANO.ILLINOIS THIS lM DAY OF MAY,2013 A D REGISTRATION EXPIRESLL,1A14-CM4 DR0252 IB & ASSOCIATES INC /'� REFER TO A CURRENT THE INSURANCE POLICY FOR EASEMENTS NOT PROVIDED. THISDMWINGISTIE CONSULTING , IEV <! PROPERTY GETS S ASSWUTESCONSULTNG,INC. ANN SHALLNOT BE USEOFgUNY OTHER PURPOSE CONSULTING, INC WTHIS GNAWING IS NOT CONSIDERED TO BE ORIGINAL UNLESS THE SURVEYORS SEAL 4W MAIN STREET DESIGN FIRMEf AN IMPRESSED SEAL OR DISPLAYED IN RED INK PLANO , IL 60545 164-004475 (630) 552-7452 www.rMassoriales.net OWG p 201314411-001 B (ANNEX) ADJOINING OWNERS TO THE PROPERTY OF PARCEL No. 02-28-303-026 & 02-28-303-027 02-28-303 -022 Yorkville, IL 60560 Lue Haig PO Box 144 02-28-327-019 Plano, IL 6056 Tony Gilchrist 206 Walnut 02-28-303-009 Yorkville, IL 60560 Matt 6 LLC C/O Sikich Gardner 02-28-327-013 1415 W. Diehl Road Philip and Renee Haugen Naperville, IL 60560 208 Walnut Street Yorkville, IL 60560 02-28-329-045 Earthmover Credit Union 02-28-327-018 2195 Baseline Road Robyn Dennis Williams Oswego, IL 60543 205 Jackson Street Yorkville, IL 60560 02-28-329-032 Yorkville Walnut Plaza, LLC 02-28-327-007 PO Box 5010 Don and Laurel Williams Vernon Hills, IL 60061 207 Jackson Street Yorkville, IL 60560 02-28-329-013 Longford Lakes Condo HOA 02-28-303 -024 2208 Midwest Road William Schneider Oak Brook, IL 60523 807 N. Bridge Street Yorkville, IL 60560 02-28-327-021 02-28-327-005 02-28-303 -023 Michelle Augustyn Laraine & Marian Griswold 906 Bristol Road 805 N Bridge Street Yorkville, IL 60560 Yorkville, IL 60560 02-28-327-022 02-28-303-021 02-28-327-023 Peter & Cheri Lodestro First National Bank DeKalb 35 Lexington Circle 210 E. Jackson Street Yorkville, IL 60560 Yorkville, IL 60560 02-28-303 -025 02-28-327-020 Brett & Cara Behrens Donna Diehl 801 N. Bridge Street 204 Walnut Street Yorkville, IL 60560 Yorkville, IL 60560 02-28-302-008 United City of Yorkville 02-28-303-002 800 Game Farm Road John Weber Yorkville, IL 60560 1102 Sunset Street Yorkville, IL 60560 02-28-302-007 Darin & Andrea Peterson 02-28-303-003 1005 Sunset Martin & Araceli Benitez Yorkville, IL 60560 1012 Sunset Yorkville, IL 60560 02-28-302-006 Frietsch Family Trust 02-28-303-004 1007 Sunset Carmelo & Letica Perez Yorkville, IL 60560 1010 Sunset Street Yorkville, IL 60560 02-28-303 -018 Patrick & Karin Dowd 02-28-303-005 1006 Sunset Adan & Ana Arriaga Yorkville, IL 60560 1008 Sunset Yorkville, IL 60560 02-28-303-004 Mark John Dec. of Liv. TR. & 02-28-352-028 Ruth Johnson Dec. of Liv.TR. 02-28-352-029 204 Georgeanna Dennis & Julie Knuaf Yorkville, IL 60560 910 N. Bridge Street Yorkville, IL 60560 02-28-303-003 Wallace III & Nancy Ellen 02-28-352-024 206 Georganna I " National Bank DeKalb Yorkville, IL 60560 Real T Properties PO Box 1010 02-28-303 -002 Westmont, IL 60559 Ronny Scott 208 Georganna 02-28-352-027 Yorkville, IL 60560 Homan & Donna Horton 306 King Street 02-28-303 -001 Yorkville, IL 60560 Ardis Lee 210 Georganna Logan Kraber Yorkville, IL 60560 805 Bristol Avenue Yorkville, IL 60560 02-28-303 -001 Maria Lopez & Sean Ogara 1 104 Sunset Street 1010=,r q ;1008 - IF 7 z i -I k• rk��_— l a 3 w* - Walnut t y tt F 805 = ' f 91 � _ F - ++ X t 47 �►r._ CO 803 801 �►� �_ �, - `�'� � � —Jackson-St - United City f Yorkville GIS The Data is provided without warranty or any representation of V`•. Y r i m l i n r m l n it i h responsibility f h cu ac t ess o co ete ess s t e o the Y. P Parcel Data and Aerial Photography Reque "to determine accuracy,timeliness,completeness,and Wd`1r, Provided By Kendall County GIS appropriateness of its use. 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The real property consists of two (2) parcels and is generally located immediately west of North Bridge Street (IL Route 47), just north of Walnut Street in Kendall County, Illinois. The legal description is as follows: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 63 OF UNIT SIX, COUNTRYSIDE SUBDIVISION; THENCE NORTH 01 DEGREES 24 MINUTES 15 SECONDS WEST ALONG THE EAST LINE OF SAID UNIT SIX, A DISTANCE OF 178.69 FEET; THENCE NORTH 88 DEGREES30 MINUTES 4 SECONDS EAST 382.91 FEET TP THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE NO. 47 AS DESCRIBED BY ORDER VESTINGTITLE PER DOCUMENT NO. 201200000538; THENCE SOUTHWESTERLY ALONG SAID WEST RIGHT OF WAY LINE HAVING A RADIUS OF 749.89 FEET, WHOSE CHORD BEARS SOUTH 18 DEGREES 15 MINUTES 43 SECONDS WEST 189.84 FEET TO A LINE DRAWN NORTH 88 DEGREES 30 MINUTES 45 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 30 MINUTES 45 SECONDS WEST 318.94 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP AND THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PIN#02-28-303-019; 02-28-303-020 NOTICE IS HEREWITH GIVEN THAT the City Council for the United City of Yorkville will conduct a public hearing on said application on Tuesday, July 23, 2013 at 7 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, 60560. The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk Ordinance No.2013- ORDINANCE APPROVING AN ANNEXATION AGREEMENT (Priority Health and Body Makeover,Inc.) WHEREAS, Castle Bank N.A., a Division of the First National Bank of Omaha is the Owner (the "Owner") of a certain tract of property comprising 1.4573 acres legally described and identified in the Petition for Annexation, which is attached hereto (the "Property") which Property is contiguous to the corporate limits of the City; and, WHEREAS, the United City of Yorkville, Kendall County, Illinois, is a duly organized and validly existing non-home-rule municipality created in accordance with the Constitution of the State of Illinois off 1970 and the laws of the State; and, WHEREAS, the Owner and Priority Health and Body Makeover, Inc. (the "Developer") desire to annex the Property into the City for the purposes of developing a medical office building; and, WHEREAS, Owner and Developer have requested that the Property be zoned B-2 General Business District under the provisions of the City Zoning Ordinance ("Zoning Ordinance") in order to proceed with said development; and, WHEREAS, the City, the Owner and the Developer desire to proceed as requested in accordance with the terms and conditions as set forth in the Annexation Agreement attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Annexation Agreement by and among the United City of Yorkville, Castle Bank, N.A., Omaha and Priority Health and Body Makeover, Inc., is hereby approved and the Mayor and City Clerk are hereby authorized to execute and deliver said Agreement. Ordinance No.2013- Page 1 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , 2013. CITY CLERK ROSE ANN SPEARS DIANE TEELING KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO JOEL FRIEDERS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2013. MAYOR Ordinance No.2013- Page 2 Ordinance No. 2013- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS (Priority Health and Body Makeover, Inc.) WHEREAS, the City of Yorkville (the "City") is a duly organized and validly existing non-home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, a duly executed APPLICATION FOR ANNEXATION, signed by both Castle Bank, a Division of the Bank of Omaha, the owner of record, and Priority Health and Body Makeover, Inc., the Developer, has been filed with the City, requesting that certain territory legally described hereinafter be annexed to the City; and, WHEREAS, there are no electors residing within said territory: and, WHEREAS, the said territory is not within the corporate limits of any municipality, but is contiguous to the City; and, WHEREAS, legal notices regarding the intention of the City to annex said territory have been sent to all public bodies required to receive such notice by state statute; and, WHEREAS, the legal owner of record of said territory, the developer and the City have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the City that said territory be annexed. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Ordinance No.2013- Page 1 Section 1: That the legal description and property index number(s) of the territory to be annexed are described on Exhibit A attached hereto and made a part hereof by reference. Section 2: That the territory described in Section 1 above is hereby annexed to the United City of Yorkville, Kendall County, Illinois. Section 3: That the City Clerk is hereby directed within ninety (90) days from the effective date of this ordinance to record or cause to be recorded with the Office of the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of this Ordinance, together with the Plat of Annexation appended to this Ordinance. Section 4: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , 2013. CITY CLERK ROSE ANN SPEARS DIANE TEELING KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO JOEL FRIEDERS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2013. MAYOR Ordinance No.2013- Page 2 Ordinance No.2013- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING ZONING INTO THE B-2 GENERAL BUSINESS DISTRICT FOR THE PROPERTY LOCATED ON THE WEST SIDE OF ROUTE 47 (Priority Health and Body Makeover, Inc.) WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, Castle Bank, a Division of First National Bank of Omaha is the owner (the "Owner") of real property located west of Route 47 (south and adjacent to the Sunset Motel), and identified by Parcel Numbers 02-28-303-019 and 020, Yorkville, Illinois, (the "Subject Property") legally described on Exhibit A attached hereto and made a part hereof by reference, and has entered into an Annexation Agreement to annex and zone the Subject Property; and, WHEREAS, the Owner has filed a petition seeking to zone the Subject Property into the B-2 General Business District; and, WHEREAS, the Planning Commission convened and held a public hearing on the 10th day of July, 2013, to consider the zoning after publication of notice and notice to property owners within five hundred(500) feet of the Subject Property; and, WHEREAS, the Planning Commission reviewed the standards set forth in Section 10- 14-7B5 and made findings of fact and recommendation to the Corporate Authorities for approval of the rezoning; and, NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: The above recitals are incorporated herein and made a part of this Ordinance. Section 2: That the Corporate Authorities hereby approve the zoning of the Subject Property, legally described on Exhibit A, into the B-2 General Business District. Section 3: This Ordinance shall be in full force and effect upon its passage, approval, and publication in the manner provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2013. CITY CLERK Ordinance No.2013- Page 1 ROSE ANN SPEARS DIANE TEELING KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO JOEL FRIEDERS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2013. MAYOR Ordinance No.2013- Page 2 CIP Reviewed By: K 0 Legal Agenda Item Number 06 Finance ❑ PC #2 ESL -� 1836 Engineer ❑ City Administrator 0 � �� ; � y Human Resources ❑ Tracking Number � _© Community Development pC 2013-07 Police F-1 Public Works ❑ Agenda Item Summary Memo Title: Grande Reserve Amended Annexation Agreement Meeting and Date: City Council—August 27, 2013 Synopsis: Consideration of a second amendment to the Grande Reserve annexation agreement regarding the payment of school transition fees. Council Action Previously Taken: Date of Action: 8/13/2013 Action Taken: Public hearing Item Number: Type of Vote Required: Majority Council Action Requested: Table until the September 10th City Council meeting Submitted by: Bart Olson Administration Name Department Agenda Item Notes: The final agreement is not ready for final vote at time of packet creation, and we are requesting it be tabled to Sept 24th. One change to the document that was distributed at the last meeting is that Castle Bank has clarified that they only want to hold the City harmless from accidental issues related to collection of fees, rather than for any reason. Staff is accepting of that position, as it is still better than the obligations contained within the 2009 agreement. CfTy Reviewed By: X06 Legal ❑ Agenda Item Number Finance El PC #3 EST. -� __ti 1838 Engineer ❑ City Administrator 0 : Human Resources ❑ Tracking Number V.* Community Development 0 Police Q PC 2013-08 ALE Public Works ❑ Agenda Item Summary Memo Title: Midland State Bank—Application for Special Use Meeting and Date: City Council/August 27, 2013 Synopsis: Request for Special Use Permit to operate a bank with drive-through facility in an existing building located at 38 West Countryside Parkway. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Vote Submitted by: Krysti J. Barksdale-Noble Community Development Name Department Agenda Item Notes: Memorandum J? 0 0 To: City Council From: Krysti J. Barksdale-Noble, Community Development Director EST. 1 1836 CC: Bart Olson, City Administrator Date: August 15, 2013 Subject: PC 2013-08—Midland States Bank 38 W. Countryside Parkway(Request for Special Use Permit) <LE Petitioner's Request& Background: The Petitioner, Midland States Bank, is seeking special use permit approval for the property located at 38 W. Countryside Parkway for the purpose of converting the existing building into a bank with drive-through facilities. While the parcel is within the Countryside Center development, it is not included within the recently approved Kendall Crossing Planned Unit Development. The approximately 0.516-acre parcel is currently zoned within the B-2 General Business District. Since Yorkville's Zoning Ordinance is cumulative, uses that are allowed as permitted or special uses in the B-1 Limited Business District and O-Office District are also allowed as permitted or special uses in the B-2 District (see attached). Banks, as well as drive-through facilities, are identified as special uses in the B-2 District per Section 10-7A-2. An existing banking facility, Old Second Bank, is also located within the immediate vicinity of the subject property. The Petitioner is requesting to remodel the existing 3,115 sq. ft. one-story structure into a bank and construct a three (3) lane drive-through facility with canopy. The drive-through lanes will include a teller window, a combination teller window/ATM and a bypass lane. The parking lot for the building is proposed to be increased from the existing nine (9) standard spaces and one (1) ADA parking stall, to fifteen(15) standard parking spaces and one (1)ADA parking stall to meet the city's Off-Street Parking regulations. Plan Commission Action The Plan Commission reviewed the Special Use request at a public hearing held on August 14, 2013 and made the following action on the motion below: In consideration of testimony presented during a Public Hearing on August 14, 2013 and discussions conducted at that meeting, the Plan Commission recommends approval to the City Council a request for Special Use authorization within the B-2 General Business District for the purpose of remodeling an existing structure as a new bank establishment with drive-through facilities, as proposed by Midland States Bank, as submitted in an application dated June 4, 2013 subject to recommendation from staff. Action Item: Lindblom-aye; Weaver-aye; Prochaska-aye, Jones-aye,Baker-aye 5ayes; 0 no Plan Commission Criteria for Special Use: In considering request for Special Use, the Plan Commission based its findings upon the evidence presented to it according to Section 10-14-6F: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. Attachments: I. Staff's memorandum to the Plan Commission dated August 6, 2013. 2. Aerial of Subject Property 3. Copy of Petitioner's Application w/attachments. 4. Concept Plan prepared by Geotech Inc., dated 5/24/13. 5. Engineering Enterprises Inc. (EEI) site plan review comments prepared by Bradley Sanderson, P.E. of HR Green dated July 30, 2013. 6. Responses to EEI's site plan review comments prepared by Christopher M. Papesh, P.L.S. of Geotech Inc., dated July 31, 2013. 7. Copy of Public Notice. Memorandum a > I, % To: Plan Commission EST. _ leas From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator r= ` �y Date: August 6, 2013 Subject: PC 2013-08—Midland States Bank 38 W. Countryside Parkway(Request for Special Use Permit) Petitioner's Request: The Petitioner, Midland States Bank, is seeking special use permit approval for the property located at 38 W. Countryside Parkway for the purpose of converting the existing building into a bank with drive-through facilities. While the parcel is within the Countryside Center development, it is not included within the recently approved Kendall Crossing Planned Unit Development. The approximately 0.516-acre parcel is currently zoned within the B-2 General Business District. Since Yorkville's Zoning Ordinance is cumulative, uses that are allowed as permitted or special uses in the B-1 Limited Business District and O-Office District are also allowed as permitted or special uses in the B-2 District (see attached). Banks, as well as drive-through facilities, are identified as special uses in the B-2 District per Section 10-7A-2. An existing banking facility, Old Second Bank, is also located within the immediate vicinity of the subject property. Property/Proiect Description: The Petitioner is requesting to remodel the existing 3,115 sq. ft. one-story structure into a bank and construct a three (3) lane drive-through facility with canopy. The drive-through lanes will include a teller window, a combination teller window/ATM and a bypass lane. The parking lot for the building is proposed to be increased from the existing nine (9) standard spaces and one (1) ADA parking stall,to fifteen(15) standard parking spaces and one (1)ADA parking stall to meet the city's Off-Street Parking regulations. CONCEPT PLAN -- - — C cOUxTR>SIDE PAkKM'AY I � a 4 1 p 00 `III i WCATIOM MAP . �MUOIECH INC. m �e Staff Comments: Over the years, the building located at 38 W. Countryside Parkway has operated as a medical office, professional office and other various office/business uses which were permitted and consistent with the B-2 General Business District objectives. While business districts are typically zoned for uses that generate sales tax revenue, banking operations are considered service-based uses and rarely provide local sales tax dollars. Therefore, there location within a business district is subject to the special use process to ensure it is the right fit within the district which strives to maintain a balance between sales tax generating and service-based uses. While there is an existing bank adjacent to the subject property on the east at 26 W. Countryside Parkway (Old Second Bank) which also has drive-through facilities, the petitioner is confident in the positioning of their new facility in this location. The site plan has been reviewed by the City's engineering consultant and drainage, utilities and ingress and egress to access roads have been or will be adequately met. Consideration of the application for Special Use and the appropriateness of the use will be based upon the standards for special use. Standards for Special Use: Section 10-14-6F of the City's Zoning Ordinance establishes standards for special use requests. No special use shall be recommended by the Plan Commission unless said commission shall find that: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. The petitioner has provided responses to the above standards in their application for Special Use which has been attached for your reference. Proposed Motion: In consideration of testimony presented during a Public Hearing on August 14, 2013 and discussions conducted at that meeting, the Plan Commission recommends approval to the City Council a request for Special Use authorization within the B-2 General Business District for the purpose of remodeling an existing structure as a new bank establishment with drive-through facilities, as proposed by Midland States Bank, as submitted in an application dated June 4, 2013, subject to {insert any additional conditions of the Plan Commission)... Attachments: 1. Aerial of Subject Property 2. Copy of Petitioner's Application w/attachments. 3. Concept Plan prepared by Geotech Inc., dated 5/24/13. 4. Engineering Enterprises Inc. (EEI) site plan review comments prepared by Bradley Sanderson, P.E. of HR Green dated July 30, 2013. 5. Responses to EEI's site plan review comments prepared by Christopher M. Papesh, P.L.S. of Geotech Inc., dated July 31, 2013. 6. Copy of Public Notice. d�ap M �- ,r L I Countryide qn _ _ s I (J) (O N i tbb:, iw u N d ply II m- 41© al Z Y 1 � +1tr` ^ t i 4 1 ,4S°, 33aa United City of Yorkville GIS The Data is provided without warranty or any representation of N Y accuracy,timeliness,or completeness.It is the responsibility of the Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and w u Provided By Kendall County GIS appropriateness of its use.The United City of Yorkville makes noV-` warranties,expressed or implied,to the use of the Data. s C/ 4 EST. 1836 United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-3436 APPLICATION FOR SPECIAL USE The purpose of the zoning code is based upon the authority of the city to divide its land into districts by use, bulk, location of building and structures, in a substantially uniform manner. It is recognized that while some uses are permitted under the zoning code to keep uniformity, a case-by-case analysis must be conducted for certain permitted uses to discover the impact of those uses on neighboring land and of the public need for the particular use at the particular location. In these cases a special use must be granted. This packet explains the process to successfully submit and complete an Application for Special Use.It includes a detailed description of the process and the actual application itself(Pages 6 to 10). Please type the required information in the application on your computer. The application will need to be printed and signed by the applicant. The only item that needs to be submitted to the city from this packet is the application.The rest of the packet is to help guide you through the process unto completion. For a complete explanation of what is legally required throughout the Special Use process, please refer to "Title 10,Chapter 4, Section 9 Special Uses" of the Yorkville,Illinois City Code. l Application ProcedUre Step 1 Submit Application,.fees,and All Pertinent Information to the Community Development Department S Step 2 Plan Council Review (Meets 2nd and 4th Thursday of the month) Z Step 3 Plan Commission Public Hearing (Meets 2nd Wednesday of the Month) j Step 4 City Council Public Hearing (Meets 2nd and 4th Tuesday of the Month) 1 L Procedure Application Step Application Submittal The following must be submitted to the Community Development Department: • 2 original signed applications with legal description. • 5 copies each of the application and exhibits, proposed drawings, location map, and site plan. Large items must be folded to fit in a 10"x 13" envelope. • Appropriate filing fee. (See attached Fee Sheet on page 5) • 1 CD containing an electronic copy (pdf)of each of the signed application(complete with ex- hibit), proposed drawings, location map, and site plan. A Microsoft Word document with the legal description is required on the CD. Within one (1)week of submittal,the Community Development Department will determine if the application is complete or if additional information is needed. These materials must be submitted a minimum of 45 days prior to the targeted Plan Commission meeting. An incomplete submittal could delay the scheduling of the project. Applicant will be responsible for payment of recording fees and public hearing costs, including written transcripts of the public hearing and outside consultant costs(i.e.legal review,land planner,zoning coordinator, environmental, etc.). The applicant will be required to establish a deposit account with the city to cover these fees. The Petitioner.Deposit Account/Acknowledgement of Financial Responsibility form is attached to this document and must be submitted with the application. Plan Council Applicant must present the proposed plan to the Plan Council. The Plan Council meets on the 2nd and 4th Thursday of the month. The members of the Council include the Community Development Director, City Engineer,the Building Department Official,the Public Works Director,the Director of Parks and Recreation,a Fire Department Representative,and a Police Department Representative. Upon recommendation by the Plan Council, applicant will move forward to the Plan Commission hearing. Plan Commission Applicant will attend a public hearing conducted by the Plan Commission. The Plan Commission meets on the 2nd Wednesday of the Month at 7:OOpm. Notice will be placed in the Kendall County Record by the United City of Yorkville. The applicant is responsible for sending certified public:hearing notices to adjacent property owners within 500 feet of the subject property no less than 15 days and no more than 30 days prior to the public hearing date. Twenty Four (24) hours prior to the public hearing, a certified affidavit must be filed by the applicant with the Community Development Department containing the names, addresses and permanent parcel numbers of all parties that were notified. The Plan Commission will conduct a public hearing on the request,take public comments,discuss the request, and snake a recommendation to City Council. No special use shall be recommended by the Plan Commission unless it follows the standards(page 8 and 9)set forth in city's zoning code. 3 1 City Council Applicant will attend the City Council meeting where the recommendation of the special use will be considered. The City Council meets on the 2nd and 4th Tuesdays of the month at 7:00p:m. City Council will make the final approval of the special use. a The Community Development Director shall determine if an application meets or fails to meet the requirements stated above. If the Director determines that the application is incomplete it will become dormant under these circumstances: • The applicant has been notified of such deficiencies and has not responded or provided a time line for completing the application within ninety(90) days from the time of notification. • The applicant has not responded in writing to a request for information or documentation from the initial plan commission review within six (6)months from the date of that request. • The applicant has not responded to a request for legal or engineering deposit replenishment for city incurred costs and fees within ninety(90)days from the date of the request. If the Community Development Director has sent the required notice and the applicant has not withdrawn their application or brought it into compliance, then the director shall terminate the application.After termination, the application shall not be reconsidered except after the filing of a completely new application. Withdrawal or termination of an application shall not affect the applicant's responsibility for payment of any costs and fees;or any other outstanding debt owed to the city.The balance of any funds deposited with the city that is not needed to pay for costs and fees shall be returned to the applicant. (Ord. 2011-34, 7-26-2011) 4 cer., United City of Yorkville 800 Game Farm Road Yorkville,Illinois 60560 En Telephone: 630-553-4350 Fax: 630-553-7575 INVOICE&WORKSHEET LE��~ PETITION APPLICATION CONTACT: DEVELOPMENT/PROPERTY: M+Di-prOD JT rrES SlA►JK AW-LW 3P LJ f &EkWAY 1201 Pie-rwnjeK C£r1'rg.E bR. KARMS Acreage: -5 it, _ _9FF1xIGNnn0.. iL t.1-401 Date: c4TS_— Concept Plan Review: (]Yes (]No S Engineering Plan Review Deposit of$500 due Amendment: []Yes []No $ $500.00 Fee due for each: (Annexation) (Plan) (Plat) (PUD) Annexation: []Yes []No $250.00,plus S10/acre for each acre over 5. #of acres: -5= x$10= +S250 Re;zoninE: []Yes []No S� $200.00,plus$10/acre for each acre over 5. #of acres: -5= x$10= +$200 If annexing and rezoning,charge only 1 per acre fee. If rezoning to a PUD,charge PUD Development Fee-not Rezoning Fee. S33ecial Use: Yes []No $ :e:SD.pp $250.00,plus$10/acre for each acre over 5. ##ofacres: .5 -5=_,3x$10=_ +$250 Zoning Variance: $85.00 (]Yes [[No 5 Outside Consultants deposit of$500.00 due Pirehminary Plan Fee: $500.00 [1 Yes []No S P,.U.D.Fee: $500.00 []Yes []No $ Final Plat Fee: $500.00 []Yes (]No S Eggineering Plan Review Deposit: KYes O No S Ii OO• W )(I Less than 1 acre=$1,000 due [[Over.l acre and less than 10 acres=$2,500 due []Over 10 acres and less than 40 acres=$5,000 due ([Over 40 acres and less than 100 acres=$10,000 due [[Over 100 acres=$20,000 due Outside Consultants Deposit: []Yes [[No GO Legal,Land Planner,Zoning Coordinator,Environmental Services r]rtnexation..5u6r ivisivn.Rezoning,urrrl 5 erml Use: Less than 2 acres=$1,000 due []Over 2 acres and less than 10 acres=$2,500 due [J Over 10 acres $5,000 due TOTAL NiMJIN-E'ME: � rp W.Mv 0 0ri—j D—n].p 00 Far sh-t wlzk 5 STAFF USE ONLY Date of Submission PC-4 Development Name Name of Applicant(s) IMidland States Bank Business Address 11201 Network Centre Drive City Effingham State Il- ZIP 62401 Business Phone 217-342-2141 Business Fax 217-540-1801 Business Cell Business E-mail Iharms @midlandsb.com P,7 Formation lle7vil Name of Holder of Legal Title I Castle Bank, Trust Number 2848 If Legal Title: is held by a Land Trust, list the names of all holders of any beneficial interest therein: =James Property Street Address 138 West Countryside Parkway, Yorkville, Il- Description of Property's Physical Location Southeast corner of W Countryside Parkway and E Kendall Drive Zoning and band Use of Surrounding Parcels North R-4 general residence district East B-2 general business district South B-2 general business district West B-2 general business district Current Zoning Classification B-2 general business district Kendall County Parcel Number(s)of Property 02-28-104-004 6 Appfication For Speci,-11 Use Attorney Name I Quarles & Brady LLP -Attn: Mr Thomas McCarthy Address 1300 North LaSalle Street - Suite 4000 City lChicago State IL ZIP 160654 Phone 312-715-5061 Fax 312-632-1.733 E-mail 'Thornas.McCarthy @quarles.com Engineer Name Global Power and Construction Address 17S 723 Granart Road City IBig Rock State IL ZIP 160511 Phone 630-556-4161 Fax 630-5564-124 E-mail ryan@globalpowerconstruction.com Land Planner/Surveyor Name Geotech Inc Address 112,137 Cedarwood Drive City I Crest Hill State I IL ZIP 160403 Phone 815-730-1010 Fax 815-730-11093 E-mail info @geotechconsultantsinc.com Applicant must attach a legal description of the property to this application and title it as"Exhibit A". Applicant must list the names and addresses of any adjoining or contiguous landowners within 500 feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as "Exhibit B". 7 Application For Special Use i Please state how the establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public.health, safety,morals,comfort or general welfare: The property will be designed to accommodate a low to moderate level of traffic, which by no means will negatively impact the public. Please state hawthe special use will not be injurious to the use and enjoyment of other property in the immediate vicinity forthe purpose already permitted, nor substantially diminish and impair property values within the neighborhood: Normal business hours during the day will ensure the quiet enjoyment of those in the immediate vicinity. The current facility located on the property will see a significant aesthetic improvement, which should in turn increase the property values of the local landowners. Please state how the establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district: The drive-up banking center lanes will improve the flow of traffic through the site. This request should not affect the development and improvement of the surrounding areas_ Please state how adequate utilities, access roads, drainage or other necessary facilities have been or are being provided: With the existing building on the property, adequate utilities are already in place. The one existing parking lot Entrance is sufficient and will not have to be modified. An existing water retention area is available directly to our south, which will be adequate to handle our drainage needs. 8 Apphcation For Special Use Special ,. Standards Please state how adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets: With low to moderate vehicle traffic to our banking center, we do not anticipate traffic congestion. Due to the "no access" easement (DOC#79-1982) on the north and west property lines, the one existing parking lot entrance will be sufficient. Please state how the special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission: We will adhere to all applicable requirements and regulations of the city of Yorkville. I verify that all the information in this application is true to the best of my knowledge. I understand and accept all requirements and fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. I understand all of the information presented in this document and understand that if an application becomes dormant it is through my own fault and I must therefore follow the requirements outlined above. Applicant Signature Date: 6-4-20113 LEE- Al. /�11�LpitJr� STRTE' �r-'FIS1K. THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE IN THE SPACE BELOIK "OFFICIAL SEAL' ! � �� Li Wanda R.Tabbert Notary Public,State of Illinoisiiz +? � - 1 My Commission Expires 8/16/2014 f pt v 9 �reo cork United City of Yorkville a County Seat of Kendall County petitioner ®ep►osit ,account 1 800 Game Farm Road °7 Yorkville,Illinois, 60560 Acknowledgment of Financial Telephone: 630-553-4350 ��. Fax: 630-553-7575 Responsibility E.E ti4V Website: www.yorkville.il.us Development/Property Address: Project No.:FOR CITY USE ONLY I Fund Account No.:FOR CITY USE ony 38 Countryside Parkway Petition/Approva.l Type:check appropriate box(es)of approval requested •Concept Plan Review ❑Amendment(Text)(Annexation)(Plat) ❑Annexation •Rezoning m Special Use ❑Mile and Y2 Review ❑Zoning Variance! ❑Preliminary Plan ❑Final Plans ❑P.U.D. ❑Final Plat Petitioner Deposit Account Fund: It is the policy of the United City of Yorkville to require any petitioner seeking approval on a project or entitlement request to establish a Petitioner Deposit Account Fund to cover all actual expenses occurred as a result of processing; such applications and requests. Typical requests requiring the establishment of a Petitioner Deposit Account'Fund include,but are not limited to, plan review of development approvals/engineering permits. Deposit account funds may also be used to cover costs for services related to legal fees, engineering and other plan reviews, processing of other governmental applications, recording fees and other outside coordination and consulting fees.Each fund account is established with an initial deposit based upon the estimated cost for services provided in the P.IWOICE &WORKSHEET PETITION APPLICATION. This initial deposit is drawn against to pay for these services related to the project or request. Periodically throughout the project review/approval process, the :Financially Responsible Party will receive an invoice reflecting the charges made against the account.At any time the balance of the fund account fall below ten percent (10%) of the original deposit amount, the Financially Responsible Party will receive an invoice requesting additional funds equal to one-hundred percent(100%)of the initial deposit if subsequent reviews/fees related to the project are required.In the event that a deposit account is not immediately replenished,review by the administrative staff,consultants,boards and commissions may be suspender) until the account is fully replenished.If additional funds remain in the deposit account at the completion of the project,the city will refund the balance to the.Financially Responsible Party.A written request must be submitted by the Financially Responsible Party to the city by the 1511,of the month in order for the refund check to be processed and distributed by the 1511,of the following month.All refund checks will be made payable to the Financially Responsible Party and mailed to the address provided when the account was established. ACKNOWLEDGMENT OF FINANCIAL RESPONSIiBILITY Name/Company Name: Address: City: State: Zip Code: Midland States Bank 1201 Network Centre Dr. Effingharn IL 4401 Telephone: Mobile: '`ax. E-mail; 217-342-2141 217-540-1801 dons&midlandsb.w Financially Responsible Party: I acknowledge and understand that as the Financially Responsible Party, expenses may exceed the estimated initial deposit and, when requested by the United City of Yorkville,I will provide additional funds to maintain the required account balance. Further, the sale or other disposition of the property does not relieve the individual or Company/Corporation of their obligation to maintain a positive balance in the fund account, unless the United City of Yorkville approves a Change of Responsible Party and transfer of funds.Should account go into deficit,all City work may stop until the requested replenishment deposit is received. Print Dame Donl5prina Title: Corporate Controller Signature' l Date: 6-4-2013 *The name of the individual and the person who signs this declaration must be the same. If a corporation is listed, a corporate officer must sign the declaration(President, Vice-President, Chairm.any Secretary or Treasurer) FOR CITY USE ONLY ACCOUNT CLOSURE AUTHORIZATION: Date Requested:: ❑ Completed ❑ Inactive Print Name: _ ❑ Withdrawn ❑ Collections Signature:_ _ ❑ Other DEPARTMENT ROUNTING FOR AUTHORIZATION: ❑Comm Dev. ❑Building Q Engineering❑:Finance ❑Admire. 10 EXHIBIT A LEGAL DESCRIPTION PLAT OF SURVEY OF THAT PART OF LOT 6, RESUBDIViSJON OF PART OF BLOCK 1, COUNTRYSIDE CENTER, UNIT NO, 1, YORKVILLE, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6; THENCE EASTERLY ALONG THE NORTHERLY LINE: OF SAID LOT 6, BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF: 2,625.0, 158.45 FEET; THENCE: SOUTH 20003`56" EAST, 127.93 FEET; THENCE SOUTH 69°56'04" WEST, 145.93 FEET TO THE NORTHERNMOST WESTERLY LINE OF SAID LOT 6; THENCE NORTHWESTERLY ALONG SAID WESTERLY LINE, BEING ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 2,352.0 FEET, 151.26 FEET; THENCE NORTHERLY ALONG SAID WESTERLY LINE BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 40.0 FEET, 19.49 TO THE POINT OF BEGINNING, IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS. Property Address: 38 West Countryside Parkway, Yorkville, IL Q M132251.0002Q120810667.4 EXHIBIT 1BIT B PROPERTY MFORMATIOU Old Second National Bank 26 W. Countryside Parkway Yorkville, IL 60660 Telephone: 877-8664202 Larson-Neison Funeral Home 41:0 East Coun"id�e Parkway Yorkville, lL 60560 Telephone; 630-55:�-7611 James Ratos 207 W. Kendall Drive Yorkville, IL 60560 Telephone 63026.19-63:85 ,Janet Dhuse Northwest Pool &Spa 42 W Countryside Parkway Yorkville, IL 60560 Telephone: 630-&82.6200 Yorkville Apartmen% 302 Mulhern Court Yorkville, fL 60560 Telephone:6:30-553-08,78 CONCEPT PLAN 640 ------------------ STORM MANHOLE r RIM=639.50 \ 12" NE INV 634.20; 12" SE INV=634.00; PARKWAY 24" N INV=629.85; 30" W INV=629.70 r __ COUNTRYSIDE STORM INLET _--640-' RIM=638.21 3 NW INV=635.01 UTILITY HANDHOLE 5' CONCRETE WALK 20 0 20 40 60 ---__ ,6�9 �- SAN. SWR. MANHOLE CURB ' PROPOSED CONCRETE WALK RIM=638.90; N. INV.=626.10 DEPRESSION SE. INV=626.65; E/W INV=625.32 FOR WALK ARC — — — 625.00; 158.6 _ Scale : = 2� � c RAD 2 84°4216 - - - _ _ _ _ - - - - — � E 158.58 c� r � CH BRG N — _ - - _ _ — C t 1 g82) — — — — SPLICE BO DOC #79-5' NO ASS EASEMENT (— — _ _ �' .� 21.46x36.17 w CANOPY 0') LEGAL DESCRIPTION _ _ FOUND CUT "+" \ \r SAN SWR MAN °�r ` V� Qo THAT PART OF LOT 6, RESUBDIVISION OF PART OF BLOCK 1, STREET SIGN \ RIM=Fi38.75 . l� COUNTRYSIDE CENTER, UNIT N0. 1, YORKVILLE, KENDALL � � \ COUNTY, ILLINOIS, DECRIBED AS FOLLOWS: BEGINNING AT THE - S/NW INS 8._45 NORTHWEST CORNER OF SAID LOT 6, THENCE EASTERLY ALONG RAD 40.00; ARC 19.43 r \ ' ; ¢ 2 �` `\ r W 'o, THE NORTHERLY LINE OF SAID LOT 6, BEING ALONG A CURVE CH RG N 12016'19" W 19.24 s\ \ � ` � TO THE RIGHT HAVING A RADIUS OF 2625.0 FEET, 158.45 FEET, \ ' �Q •0O k r3. THENCE SOUTH 20 DEGREES 03 MINUTES 56 SECONDS EAST STREET SIGN 2 \ 55. co 6p0 o 127.93 FEET,THENCE SOUTH 69 DEGREES 56 MINUTES 04 FOUND CUT "+" \ ' \ \\ `� Z� 1 Lp \ SECONDS WEST 145.93 FEET TO THE NORTHERNMOST WESTERLY IN CONC CURB ten\ \ BRICK SIGN 2 A/C UNITS ° 6': LINE OF SAID LOT 6, THENCE NORTHWESTERLY ALONG SAID ?\\ (TO BE MOVED) � GAS METER AC y WESTERLY LINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS J'� \ \ (TO BE MOVED) ss AC �� _� VA OF 2352.0 FEET,151.26 FEET, THENCE NORTHERLY ALONG SAID �. \ w N WESTERLY LINE BEING ALONG A CURVE TO THE RIGHT HAVING A �vJ, �--3 \ 2'x2' BL K '7 Q0 RADIUS OF 40.0 FEET, 19.49 FEET TO THE POINT OF ��\ \ PIER (4 TO L) ONE STORY BLOCK BUILDING ^�� O BEGINNING, IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE, "� �2\ F/F ELEVATION = 639.93 . a KENDALL COUNTY, ILLINOIS. 2 ELECTRIC METERS ELECTRIC TRANSFORMER W/2 BOLLARDS ��fl O SITE DETAILS �� -7, LIN g�5 6 �� 3 � � 25 ME g8 \ ------------ EXISTING LOT SIZE = 22,497 SQ.FT. (0.516 ACRES) EXISTING BUILDING = 3,115 SQ.FT. EXISTING PAVEMENT = 4,825 SQ.FT. �� O� °o �� TRASH EXISTING PARKING = 94SPACES PLUS 1 ADA �` �� j�� \\ �O� �Q SAS PROPOSED PAVEMENT = 11,843 SQ.FT. o p, P� O 5 QP G NET NEW PAVEMENT = 7 018 SQ.FT. � � I �� o. \ 'C P �N G O"N��N � PROPOSED PARKING = 15 SPACES PLUS 1 ADA �� °° S �° \ S ��NO o DRIVE-THRU LANES = 3 LANES V P E��S o,' �,' STORM INLET (1 TELLER LANE, 1 ATM/TELLER LANE & 1 BYPASS) 6 j O \ OQO - RIM=635.77 X24" SE INV=630.62 LOCATION MAP - \ - -- ---- ---- ----- 63816 _1 S 63 ENO 0� R1M. �� 630 Ito v2�� ,-6 ,'� 24" E 3 FOUND CUT "+" O '0 "z' IN CONC CURB w ` , Gu�fntr��trPr `ktwy STORM MANHOLE , \ i� 4 ' 3 RIM=637.54 21 S. INV=630.84 �� 635,, 21 W. INV=630.94 \\ / SITE # / iF1'ur,est Ave J 3 'D • GEOTECH INC . CONSULTING ENGINEERS — LAND SURVEYORS J 1207 CEDARWOOD DRIVE CREST HILL, ILLINOIS 60403 815/730-1010 PROJECT: MIDLAND STATES BANK FIELD BOOK #: DRAWN BY: c.P. DATE: 5/24/13 SCALE: 1"=20' JOB NO. 18849 COMPARE THIS PLAT WITH YOUR RECORDS AND IMMEDIATELY REPORT ANY DISCREPANCIES July 30, 2013 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Midland States Bank United City of Yorkville Kendall County, Illinois Ms. Barksdale-Noble, We have received the plans dated July 2, 2013, prepared by Geotech Inc. Our review of these plans is to generally determine the plan's compliance with United City of Yorkville ordinances and whether the improvements will conform to existing City systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review. We cannot and do not assume responsibility for design errors or omissions in the plans. As such, we offer the following comments: 1. An engineer's estimate of probable construction costs for the public improvements must be submitted for review and to determine the amount of the performance guarantee. This will include the sidewalk located along Countryside. 2. A benchmark based on U.S.G.S. DATUM to the nearest 0.01 foot needs to be provided on the plans. ;. J.U.L.I.E. contact information should be added to the plans. 4. The number of parking and handicap stalls appear to meet City Code. 5. It is unclear how the parking lot is draining at the northwest corner. It appears as though there is a low spot. 6. The plans indicate that the existing brick sign is to be moved. It should be clarified as to where it will be moved to. Road,52 Wheeler Sugar Grove, 60554 • 1 466-6700 • 1 466-6701 fax —www.eeiw'• • Ms. Krysti Barksdale-Noble July 30, 2013 Page 2 7. The Curb Ramps for Sidewalk and Detectable Warnings IDOT details should be provided. 8. A detail regarding the proposed sidewalk section needs to be added. 9. Additional detail is needed on the proposed connection of the driveway to East Kendall Drive. 10. A detailed SWPPP plan must be added. 11. If new lighting is proposed, then the plans should include a lighting and photometric plan. 12. The design engineer should provide copies of the details of the existing easements. This is needed to clarify the ability to build within them. 13. The setbacks on the proposed building should be confirmed. 14. Landscape plans need to be submitted to the City for review. 15. The proposed sidewalk and trash enclosure requirements will be reviewed by the City's Building Department. The developer should provide the requested information and submit two (2) plan sets for review. If you have any questions or require additional information please call our office. Respectfully submitted, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President BPS/dm PC: Mr. Bart Olson, City Administrator Ms. Krysti Barksdale-Noble, Community Development Director Mr. Peter Ratos, Building Department Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk Ms. Dee Weinert, Building Department Administrative Assistant G:\Public\Yorkville\2013\YO1335 Midland States Bank\Docs\Site plan review.dou • SURVEYORS CONSULTING ENGINEERS LAND. . . . 60403 PHONE ( BIS ) 730 1010 FAX ( 815 ) '730- 1093 E- MAIL INFD(Ci)UEOTEDHOD�ASU�TANTSINC . GOM July 31 , 2013 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Midland States Bank Site Improvements Final Engineering Review #1 Geotech Job #18849 Dear Ms. Barksdale-Noble, We have received the engineering review comments dated July 30, 2013 for the subject project. All comments and recommendations within the review letter have been addressed and completed according to the responses below. One set of the revised Site Plan is enclosed, along with a copy of the calculations and supplemental material. The following Is a response to the review comments received: Comment # Response 1 . An engineer's estimate of probable construction costs for the proposed public side walk and depressed curb where the sidewalk meets the street have been included. 2. A site benchmark based upon NAVD '88 datum has been added to the plat. 3. J.U.L.I.E. contact information has been added to the plat. 4. The proposed 15 standard parking spaces and the single handicapped parking space appear to meet the City parking calculations code. 5. Additional proposed grades have been added in the northwest comer of the parking lot to show how it will drain. 6. The existing brick sign will be removed and a new sign will be installed. The approximate location is shown on these plans. The details for the sign will be filed under a separate permit. 7. Details for curb ramps and detectable warnings have been added. 8. A proposed sidewalk detail has been added. 9. Additional details have been added to the drawing regarding the proposed connection of the private drive onto East Kendall Drive. 10. A detailed SWPPP plan has been added. 11 . A proposed lighting plan including photometrics has been included for your review. 12. A copy of the original subdivision plat has been included defining the existing easements. 13. A copy of the original subdivision plat has been Included defining the platted setbacks. The zoning district is B-2 General Business District. The setbacks are: front yard setbacks are none; side yard setbacks vary from 0 feet to 30 feet depending on location and adjoining properties; and rear yard setbacks are 20 feet. 14. A proposed landscape plan is included for your review. 15. The proposed sidewalk and trash enclosure will be reviewed by the City's building department. i • SURVEYORS CONSULTING ENGINEERS LAND 1207 CEDARWOOD DRIVE CREST HILL . ILLINOIS 60403 - . 1010 30- 1 D93 E- MAIL INF0((i)GE07ECHC0N5ULTANT5 INC . COM We appreciate your review of this matter, and if you have any questions or need any additional information, please feel free to contact us. Sincerely, GEOTECH4apesh, Christophe P.L.S. Director of Land Surveying Cc: Lee Harms, Midland States Bank (via email) Bradley P. Sanderson, Engineering Enterprises, Inc. (via email) Ryan Kovarik, General Contractor (via email) I PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2013-08 NOTICE IS HEREWITH GIVEN THAT Midland States Bank, Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a authorization within the B-2 General Business District for the purpose of remodeling an existing structure as a new bank establishment with drive-through facilities as allowed by Special Use Permit in Section 10-7C-2, Section 10-713-2 and Section 10-7A-2 of the United City of Yorkville City Code. The real property consists of approximately 0.516 acres, located at the southeast corner of W Countryside Parkway and E Kendall Drive in Yorkville, Illinois. The legal description is as follows: PLAT OF SURVEY OF THAT PART OF LOT 6, RESUBDIVISION OF PART OF BLOCK 1, COUNTRYSIDE CENTER, UNIT NO. 1, YORKVILLE, ILLINOIS, DESCRIBED AS FOOLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 6, BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 2,625.0, 158.45 FEET; THENCE SOUTH 20°03'56" EAST, 127.93 FEET; THENCE SOUTH 69 056'04" WEST, 145.93 FEET TO THE NORTHERNMOST WESTERLY LINE OF SAID LOT 6; THENCE NORTHWESTERLY ALONG SAID WESTERLY LINE, BEING ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 2,352.0 FEET, 151.26 FEET; THENCE NORTHERLY ALONG SAID WESTERLY LINE BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 40.0 FEET, 19.49 TO THE POINT OF BEGINNING, IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS. Permanent Index Number(PIN): 02-28-104-004 NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a Public Hearing on said Special Use application on Wednesday, August 14, 2013 at 7 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, 60560. The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. Beth Warren City Clerk By: Lisa Pickering Deputy Clerk Ordinance No. 2013- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS,APPROVING A SPECIAL USE FOR A BANK WITH A DRIVE-THROUGH FACILITY (Midland States Bank- 38 West Countryside Parkway) WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS,under section 11-13-1.1 of the Illinois Municipal Code (65 ILCS 511-1-1, et seq.), the Mayor and City Council of the City(collectively, the "Corporate Authorities") may provide for the classification of special uses it its zoning ordinances; and, WHEREAS, pursuant to the United City of Yorkville Zoning Code (the "Zoning Code"), any person owning or having an interest in property may file an application to use such land for one or more of the special uses provided for in the zoning district in which the land is situated; and, WHEREAS, Castle Bank, Trust Number 2848 is the owner of property located at 38 West Countryside Parkway, Yorkville, Illinois, identified as permanent index number (PIN) 02-28-104-004, legally described in Exhibit A, attached to and made a part of this Ordinance (the "Subject Property"); and, WHEREAS, under the authority of the Zoning Code, the Subject Property is located in a designated B-2 General Business District, and a bank and drive-through facility is allowed in this district under a special use permit; and, WHEREAS, the Corporate Authorities have received a request from Midland States Bank for a special use permit for the Subject Property for a bank and drive-through facility; and, WHEREAS, a legal notice of publication regarding a public hearing before the Plan Commission on the proposed special use permit was duly published in a newspaper of general circulation in the City, not more than thirty (3 0) nor less than fifteen (15) days prior to the public hearing; and, WHEREAS, notice to property owners within 500 feet of the Subject Property identified for the special use permit was delivered by certified mail; and, WHEREAS, the Plan Commission convened and held a public hearing on the 14th day of August 2013, on the question of the special use application; and, Ordinance No. 2013 Page 1 WHEREAS,the Plan Commission reviewed the standards set forth in Section 10- 14-6(F) of the Zoning Code; and, WHEREAS, upon conclusion of said public hearing, the Plan Commission recommended the approval of the special use for the Subject Property for a bank and drive-through facility. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: The above recitals are incorporated and made a part of this Ordinance. Section 2: The Corporate Authorities hereby approve the special use permit application from Midland States Bank for the property located at 38 West Countryside Parkway, Yorkville, Illinois, for use as a bank and drive-through facility. Section 3: That the special use granted herein shall be constructed, operated and maintained in accordance with the following plans, diagrams and conditions: A. Concept Plan prepared by Geotech Inc., dated May 24, 2013 and B. Landscaping Plan prepared by Walsh Landscape Construction, Inc. dated July 5, 2013. Section 4: This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , 2013. CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT CHRIS FUNKHOUSER JOEL FRIEDERS ROSE ANN SPEARS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2013. MAYOR Ordinance No. 2013 Page 2 Exhibit A Legal Description of Subject Property PLAT OF SURVEY OF THAT PART OF LOT 6, RESUBDIVISION OF PART OF BLOCK 1, COUNTRYSIDE CENTER, UNIT NO. 1, YORKVILLE, ILLINOIS, DESCRIBED AS FOOLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 6, BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 2,625.0, 158.45 FEET; THENCE SOUTH 20°03'56" EAST, 127.93 FEET; THENCE SOUTH 69 056'04" WEST, 145.93 FEET TO THE NORTHERNMOST WESTERLY LINE OF SAID LOT 6; THENCE NORTHWESTERLY ALONG SAID WESTERLY LINE, BEING ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 2,352.0 FEET, 151.26 FEET; THENCE NORTHERLY ALONG SAID WESTERLY LINE BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 40.0 FEET, 19.49 TO THE POINT OF BEGINNING, IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS. Permanent Index Number(PIN): 02-28-104-004 Ordinance No. 2013 Page 3