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Economic Development Packet 2008 02-08-08 Co.o United City of Yorkville J '`� 800 Game Farm Road EST. 1Z 1836 Yorkville, Illinois 60560 4 -� Telephone: 630-553-4350 �0 if Cotl.,YSea, p Fax: 630-553-7575 Kentlall LE AGENDA AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Friday, February 8, 2008 5:00 PM City Hall Conference Room Presentation: 1. Kendall County Farm Protection Presentation by Tim Gerk Minutes for Correction/Approval: December 11, 2007 New Business: 1. EDC 2008-01 Monthly Building Permit Report for December 2007 2. EDC 2008-02 Monthly Plan Commission Report for December 2007 3. EDC 2008-03 Monthly Plan Commission Report for January 2008 4. PC 2007-35 Letterle Annexation Agreement 5. PC 2007-27 Lincoln Prairie Final Plat of Subdivision 6. PC 2007-14 Yorkville Crossing PUD Amendment 7. EDC 2008-04 Tuscan Plaza — Redevelopment Agreement Amendment Request 8. EDC 2008-05 Galena Road Watermain Recapture Agreement— MPI (Grande Reserve) 9. EDC 2008-06 Millbrook Boundary Agreement — Draft 10. EDC 2008-07 Transition Fee Ordinance — Request for Amendment from Newark School District #18 and #66 11. EDC 2008-08 Policy for Legal Fees Paid by City for Annexation Agreements — Discussion 12. EDC 2008-09 Appointment of Committee Liaisons Economic Development Committee February 8, 2008 Page 2 Old Business: 1. EDC 2007-53 Comprehensive Plan— Planning Area Discussion 2. EDC 2007-34 Banking/Land Use Policy Discussion 3. EDC 2007-40 Ordinance Approving Amendment to Downtown TIF to Remove Certain Parcels Additional Business: UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Thursday, February 7, 2008 7:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: --------------------------..............-.........----........................-......................... ------------------------------- 1 . Kendall County Farm Protection Presentation by Tim Gerk --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: .....................................-...........-.......-................. ------------------------------------------------------------ 1 . December 11 , 2007 ❑ Approved ❑ As presented ❑ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: .....---........------------------------------------------------------------------------------------------------------------------ ----- 1 . EDC 2008-01 Monthly Building Permit Report for December 2007 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2008-02 Monthly Plan Commission Report for December 2007 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . EDC 2008-03 Monthly Plan Commission Report for January 2008 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PC 2007-35 Letterle Annexation Agreement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. PC 2007-27 Lincoln Prairie Final Plat of Subdivision ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. PC 2007- 14 Yorkville Crossing PUD Amendment ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. EDC 2008-04 Tuscan Plaza — Redevelopment Agreement Amendment Request ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes ---------------------------------------------------------------........----------------------------------------------------- ----------- 8. EDC 2008-05 Galena Road Watermain Recapture Agreement — MPI (Grande Reserve) ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 9. EDC 2008-06 Millbrook Boundary Agreement — Draft ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 10. EDC 2008-07 Transition Fee Ordinance — Request for Amendment from Newark School District #18 & #66 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes -----------------------------------------..................------------------------------------------------------.........------------- 11 . EDC 2008-08 Policy for Legal Fees Paid by City for Annexation Agreements — Discussion ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 12. EDC 2008-09 Appointment of Committee Liaisons ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------..................................... 1 . EDC 2007-53 Comprehensive Plan — Planning Area Discussion ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes -----------------------------------------------------------------------------------................------------------------------------ 2. EDC 2007-34 Banking/Land Use Policy Discussion ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . EDC 2007-40 Ordinance Approving Amendment to Downtown TIF to Remove Certain Parcels ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- Page 1 of 6 DRAF UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Tuesday, December 11 2007, 7pm Council Chambers In Attendance: Committee Members Chairman Jason Leslie Alderman Gary Golinski Alderman Joe Besco Alderman Marty Munns Other City Officials: Alderwoman Rose Spears City Administrator Brendan McLaughlin Community Development Director Travis Miller Parks & Rec. Director David Mogle City Planner Charlie Wunder Alderwoman Robyn Sutcliff Park Dept., Sue Swithin Other Guests: Attorney Dan Kramer Attorney Gregg Ingemunson Kathy Farren, Record Craig Duy Fred DuSell Rob Zoromski, Lennar Tony Zangler Terry Hunt Jon Zahm Andrew Bobbitt, YMCA Sue Vos & Perry Clark, Aurora Area Tourism & Convention Bureau The meeting was called to order by Chairman Jason Leslie at 7: 1 Opm following a Special City Council Meeting. Chairman Leslie invited Terry Hunt to introduce himself. Mr. Hunt is running for the 50th District, retiring Patricia Reid Lindner' s position in the State of Illinois House of Representatives. He gave an overview of his background. The committee moved forward to item 411 on the agenda. 11. EDC 2007-52 Aurora Area Convention & Visitors Bureau - Intergovernmental Cooperation Agreement Renewal Sue Vos, President & CEO of this group said Mayor Burd asked her to be present to discuss the re-negotiation of this contract. She presented an overview of the goals of this bureau and other statistics relating to tourism in this area. She noted that additional sports marketing has also been added. Ms. Vos then introduced her associate, Perry Clark. Page 2 of 6 Mr. Clark spoke about an area push for the 2016 Olympic-related events and other sports. He said sports are the 5"' largest industry in the country. He also noted the 2009 Solheim Cup event that will be held at the Rich Harvest Farms in Sugar Grove. Mr. Clark also stated that possible grants could be available to the Parks Department and encouraged the City to work with the bureau on obtaining them. In summary, Ms. Vos proposed to renew the 5-year contract and she also said the bureau would work with Yorkville on any event of interest. Chairman Leslie asked for feedback on gross dollars spent and what the City receives in return. Ms. Vos commented that Yorkville can have any type of report they might need and she added that Yorkville is also directly linked with the bureau' s website. The committee members gave a positive recommendation for the renewal of this agreement and it will move forward to the December 18th C.O.W./City Council meeting. Presentation: Chairman Leslie said the City had an opportunity for a partnership with the YMCA and YMCA Executive Director Andrew Bobbitt was on hand to present an overview. In 2003 a strategic plan for the YMCA was drafted. One of the initiatives was to add a facility on the east side of town. A 4.4-acre parcel of land at Kennedy and Mill was donated by MPI for this purpose. He provided other details related to the proposed facility and said it would cost $ 16,000 per month to operate it. It was noted that if the City does not participate in this project, the YMCA will not build the pool on their own. If the City decides to partner with the YMCA, the cost would be $2-6 million for the pool. The cost of the building would be borne by the YMCA. Operating expenses would be covered by part of the membership fees and from swim lessons. There was a brief discussion of the funding of such a facility. Alternate revenue bonds, revenue streams and general obligation bonds were discussed. Alderman Besco expressed great concern regarding the identification of a revenue stream for a pool prior to making a decision. Chairman Leslie suggested moving this matter on to C.O.W. for discussion. Alderwoman Spears thought a Public Hearing would be beneficial and said she thought the location of the property was too far east. Administrator McLaughlin said press coverage is needed to generate interest for a Hearing. Mr. Bobbitt agreed that a Public Hearing would be helpful to determine interest in this project and at that location. It was decided that a Hearing would be scheduled after consulting with the Attorney. Minutes for Correction/Approval: October 16, 2007 and November 20, 2007 Both sets were approved as presented. Page 3 of 6 New Business: 1. EDC 2007-46 Monthly Building Permit Report for October 2007 2. EDC 2007-47 Monthly Building Permit Report for November 2007 Travis Miller reported that residential permits are down while commercial and miscellaneous permits are up. He added that the City is still over budget with permits for these months. 3. EDC 2007-48 Monthly Plan Commission Reportfor November 2007 Mr. Miller said this report has been revised. 4. PC 2007-23 Zangler — Annexation Agreement An overview of this item was given by Mr. Miller and he noted that staff had made some recommendations: 1 . Expansion of existing utility easement by 10 feet 2. Require easement to allow for sanitary sewer extension, allowing City 2-year time frame 3 . If City annexes this property, it would require payment of $35,000 to $40,000 for YBSD. (Due to the cost, the petitioner might opt for septic instead.) A PIN number would also be required as well as a subdivision process Alderman Besco commented that it seemed unreasonable to require one landowner to pay these high fees and that YBSD would not budge on these fees. He wants people to be able to have small parcels of lands such as this. Chairman Leslie agreed with this and suggested separate PIN numbers with a "lock" on the land. Travis said language had been added to specify that no other homes could be built on this plot. Alderman Besco strongly encouraged the City Administrator to talk with YBSD and ask them to reconsider their fees in such instances. Attorney Ingemunson also requested language allowing non-livable structures to be built such a pool or barn. Miller asked if these structures would be served by YBSD. Mr. McLaughlin also suggested drafting language to cover setbacks in the event other non- livable structures are built. Alderman Golinski questioned whether the City would have the sanitary sewer installed within the 2-year time. Miller said Staff recognizes the need to have this done in 2 years. Besco asked if adjoining property owners had been contacted regarding interest in having the line extended to their properties. This item moves on to City Council with a positive recommendation. Staff will draft the appropriate additional language. 5. PC 2007-36 Pobol Rezoning Attorney Dan Kramer was present on behalf of the petitioner. The property is a 5-acre parcel on Lisbon Road and has already been annexed. Staff and the Plan Commission recommended it be zoned "estate". There was a brief discussion of whether or not the City pays for this, so the attorney will be consulted. It will move forward to the next C.O.W. consent agenda. Page 4 of 6 6. PC 2007-38 Menard's 6u Addition Preliminary/Final Plat Travis Miller provided a summary of this item and said Plan Commission had recommended approval. He noted one staff comment that Menard' s had not been willing to grant a cross access easement on lot 3 and property to the east is too narrow for an access. Menard's is concerned that the easement location is premature since there is no plan in place for lot 3 . Staff recommends having language on the plat to show need for an access. Craig Duy of Smith Engineering said by showing it on the plat, it limits both parties. However, he added that ultimately an access might not be needed. Mr. McLaughlin suggested verbage stating an agreement needs to be prepared. Committee members concurred with staff recommendations. Cross access for all the lots was also discussed and Travis recommended a note on the plat indicating such. Mr. Duy will draft this language and a positive recommendation for this matter was given subject to staff comments and the new language. 7. PC 2007-37 Blackberry Woods PUD Amendment A McCue Builders representative said they are requesting 2 amendments: 1 . Change front yard setback from 30 feet to 25 feet and rear yard setback from 25 feet to 30 feet 2. Lot coverage ratio of 40% with 50% of R4 lots be given that ratio (varying slightly from a Plan Commission recommendation of 50% of ranch homes) A list of architectural standards was also summarized. A positive recommendation was given to move this forward to the C.O.W./Council consent agenda. 8. EDC 2007-49 WalmartlYorkville Crossing Unit 1 Final Plat — Recording Times Extension Request Travis Miller reported on the status of the Wa1Mart project. It is moving forward, but he said the contract between Wa1Mart and Mr. Harriman will expire at the end of this year. Wa1Mart had 12 months to finalize the final plat after the preliminary plan. They had asked for an extension to May 2008. A 2009 opening is anticipated. Committee members agreed that they want a more aggressive finalization and suggested an extension only until May 2008. This item moves forward to the December 18th consent agenda. 9. EDC 2007-50 Illinois Tomorrow Grant Funding Match ($10,200) The City was awarded an IDOT grant to complete a trail system and downtown streetscape plan. It does require a local match and the Council must approve an agreement with IDOT, after which a scope of services will be prepared. Chairman Leslie also suggested an Ad Hoc visionary group. All agreed and this moves forward to the C.O.W./Council consent agenda. Page 5 of 6 (moved forward in agenda to Old Business, Item 1) Old Business: 1. EDC 2007-34 BankinglEand Use Policy Discussion Chairman Leslie summarized the financial institution policy draft. The committee discussed if it should become a policy, ordinance or just be for guidance. Alderman Golinski commented that if this becomes policy, it should be followed and to not always allow special exemptions. It was decided to bring this item back to the January meeting. (back to order of agenda) 10. EDC 2007-51 Newark Boundary Agreement Discussion Montgomery's boundary agreement is not yet finalized and Chairman Leslie would like to settle that prior to discussing boundaries with Newark. (Item 11 discussed earlier) 12. EDC 2007-53 Comprehensive Plan — Planning Area Discussion Travis Miller said the Council will inform the Plan Commission where the boundaries will eventually be, to guide them in future land use decisions. Alderman Besco said the boundaries do not go far enough south in the 2005 Comp Plan. He suggested Route 52 should be a major corridor for the City. He noted that Platteville is now incorporated and wants to preserve farmland and have green buffers. Sanitary sewer will also be a factor in determining the boundary. All agreed Route 52/47 and Prairie Parkway will be major hubs and Mr. Miller said the Plan Commission is looking for a solid boundary plan by April or May. Aldermen Golinski and Besco suggested that boundary plans should consider the current school boundaries. This item will come back to the next EDC meeting and proposed boundaries will be drafted prior to that. Old Business: Item 1 Discussed earlier 2. EDC 2007-38 Sign Ordinance — Update/Discussion Mr. Miller said the former recommendation was to hold a workshop and invite businesses from the City for a dialogue. It was decided to hold the January EDC meeting at 6pm with the workshop following at 7pm. 3. EDC 2007-44 Sycamore Traffic Signal — Update/Discussion A development agreement was handed out by Mr. Miller and he said the State is OK with most of the agreement. Within 10 days of the agreement execution, the City will be paid $75,000 towards the signal. Then, when the Rob Roy Falls agreement is finalized, money will come back to the City. Since the placement of the signal falls on the developer's property, language will be included specifying the City's right to place the signal there at no cost. Travis will obtain an executed agreement. Page 6 of 6 Additional Business: Regarding the City paying for the annexation for the Pobol property, Alderman Besco said a policy should be in place stating the economic benefit to the City in any similar instances. He said the City is using the citizens' funds to pay for this action. There was no further discussion and the meeting adjourned at 9:27pm. Respectfully submitted by Marlys Young, Minute Taker i ego oloo eee o00 ►�CWSt# p O Q G\ O O P lD VI T .6 U O W W VI W Q O Q W VI N ti b v1 N N O\ CO O Q Q W M W n n n M a EbQ, p�g-p� v l/� i C F9 Vi Hi di i O U n 0 F a y 5 o � •°• N r w n �n N n vi ^� vQi Q �"� Q M E U e b tl � o a ti yC n 3 N a C G ze3 � Y .9 cr N E LNV ti p ^ d N y O lD b O e P b b b O O O n n y ti j V d 2 `9 5 rA r v d +may �4 O { 9 Y e N 4 a y a n c e n O O b O O M O O Q O O M O O p b n M p N O p N O N O N O o N 0 0 0 0 0 O} W W N 4 W U U U 4 0 4 4 4 C me" buruNe&s �a Memorandum To: EDC EST. 1 - 1936 From: Travis Miller, Community Development Director -� CC: Brendan McLaughlin, City Administrator Lisa Pickering, Deputy Clerk Date: December 13, 2007 CE Subject: Plan Commission Actions December 12,2007 November 14, 2007 Meeting Minutes—Approved PC 2007-35 Letterle Annexation, Zoning and Special Use Request - Motion to recommend annexation subject to addressing staff comments in the annexation agreement. 6 ayes; 0 no - Motion to recommend A-I and R-1 zoning classifications as requested by the petitioner. 6 ayes; 0 no - Motion to recommend Special Use approval for boarding horses on the property. 6 ayes; 0 no PC 2007-27 Lincoln Prairie Preliminary/Final Plat - Motion to recommend approval of Preliminary Subdivision Plans subject to addressing staff comments. 6 ayes; 0 no - Motion to table Final Plat consideration to January 9,2008 6 ayes; 0 no ebc dwg-o3 cl)y o Memorandum To: EDC W. 1 — 1836 From: Travis Miller, Community Development Director Li y CC: Brendan McLaughlin, City Administrator Lisa Pickering,Deputy Clerk CE Date: January 10,2008 Subject: Plan Commission Actions January 9,2008 December 12, 2007 Meeting Minutes—Approved PC 2007-39 Hattner Trust Annexation and Zoning Request - Motion to continue Public Hearing to February 13,2008 per request by the petitioner PC 2007-27 Lincoln Prairie Preliminary/Final Plat - Motion to recommend approval of Final Plat of Subdivision subject to addressing staff comments and City Attorney's interpretation as it relates to Illinois Drainage Law 7 ayes; 0 no PC 2007-40 Yorkville Town Center—Concept Plan The Plan Commission reviewed the proposed concept plan including commercial use of the property currently approved for duplex residential use per the Villas at the Preserve PUD agreement. The Plan Commission was generally comfortable with the proposed commercial use of this property,however did have the following comments: - Roadway connections from this property to the adjacent property to the south and east should be incorporated in the site design to ensure traffic can cross properties without being forced to use 71 and 47. - A transition from the commercial use to the forest preserve to the west should be considered. Plan Commission recommended the petitioner work with the Forest Preserve to ensure this land use will not have a negative impact to the activities currently occurring or planned in the future for the Forest Preserve property. `QED C/Ty Reviewed By: Agenda Item Number J2 4 1 ® Legal c--""\j 13 us(N E` � Finance esr teas ❑ 1 �� Engineer ❑ Tracking Number O4 1 ! City Administrator El O Consultant ❑ F] PC 2007-35 ,„ ec 'fLj<ce eyv Agenda Item Summary Memo Title: Letterle Annexation,Rezoning to A-1 and Special Use Request Meeting and Date: EDC February 7,2008 Synopsis: Petition to annex approximately 11 acres to be zoned Agriculture with Special Use approval for `Riding academy and stable' Council Action Previously Taken: Date of Action: 12/18/2007 Action Taken: Public Hearing Item Number: Type of Vote Required: Majority Council Action Requested: Approve Annexation Agreement Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report prepared January 2, 2008 and Annexation Agreement dated January 14, 2008 J2`,�ED Clpf,0 Memorandum a To: Economic Development Committee ssr , 1836 From: Travis Miller y CC: Lisa Pickering (for distribution) 0op p Date: January 2, 2008 Subject: PC2007-35 Letterle Property Annexation & Zoning Request LE Background: The Plan Commission reviewed the petition December 12, 2007 and made the following recommendations: - Motion to recommend annexation subject to addressing staff comments in the annexation agreement. 6 ayes; 0 no - Motion to recommend A-1 and R- I zoning classifications as requested by the petitioner. 6 ayes; 0 no - Motion to recommend Special Use approval for boarding horses on the property. 6 ayes; 0 no City Council conducted a public hearing December 18, 2007 Comprehensive Plan Recommendations: The Comprehensive Plan Land Use Plan for the property recommends Park/Open Space Land Use for the majority of the property most likely due to the Rob Roy Creek watercourse bisecting the property. The predominant land use proposed for the surrounding areas is Suburban Residential. In addition to satisfying open space for recreational needs, the Comprehensive Plan goal and Objectives for Park/Open Space areas include the preservation of areas of unique scenic or natural quality. A common theme repeated in the Comprehensive Plan is the preservation of rural character, respecting and enhancing natural and historical resources. Staff Comments: 1 . The current use of the property for boarding horses and equestrian activities is rural activity consistent with the combined recommendations of the Comprehensive Plan. 2. Agricultural District zoning allows for Riding Academies and Stables are listed as a Special Use. Staff recommended the petitioner to request A-1 Zoning with a Special Use to allow for the existing land use to remain on the property upon annexation. 3 . Staff recommends the Annexation Agreement include the following provisions: 1 a. A requirement for the owner to reimburse the City $3,464.95 upon annexation for the properties proportion of the cost for the Rob Roy Creek Flood Study conducted in 2002 which benefited this property by determining the flood plain location for the Rob Roy Creek. The reimbursement amount is based on a $5.29/lineal foot rate calculated at the time the study was prepared; b. A provision allowing the gravel drive and parking areas to remain on the property with a requirement to pave the segment of the driveway 25' from the driveway intersection with Eldamain Road to allow for safe ingress/egress from the property; c. A requirement for the owner to dedicate a 60' %: Right-of-way along Eldamain Road to Kendall County upon annexation; d. A provision relieving the City to provide any public utilities to the property upon annexation; e. A requirement for the owner to dedicate a 20' trail easement to the City along the Eldamain Road frontage outside of the dedicated right-of-way; f. A requirement for the owner to dedicate a 10' sanitary sewer easement paralleling the Rob Roy Creek with a 50' construction easement for a fixture sanitary line. Staff would support/recommend a provision to require the City to prepare these easement documents at the time it is necessary to convey. Rezoning: Upon annexation the property will be assigned R-1 Zoning Classification per Zoning Ordinance 10-4-5. The petitioner is requesting A- 1 and R- 1 to be permitted on the property as governed by the Annexation Agreement. Findings Necessary for a Zoning Amendment shall be based on the following: 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 -4-76) 2 Special Use: The petitioner is requesting approval to operate a commercial ridingfboarding stable on the property. This is defined as a Special Use per Zoning Ordinance 10-9-3. Findings Necessary to approve a Special Use shall be based on the following: 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 pemiitted, 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. (Ord. 1973-56A, 3-28-74) 3 ------ ------- _ r � I t � � 1 i e He' LTr t9r;� ti - _ I ammo- -. .J 1 I, ''. �. .. - Ruexrm.urmxwxx000 Pna aREx I" mnxsmor4LxElc.eoalwo z.ul.o Ew WPRInx......IS na 1.1 �l Plrweom000 xam I r. /,�+YR mmzP4LLr laao ux / -- _' CRMENFSEPRCM�IXW6IRI/.L eI,0 LO% • r __ PUELK UAS UII M' 160 I lry PRCNS RTM AREA N SSORMl,UIipARE P E ,SE'N!..i I�.m. 11'r.{rl'-S 1.4 E' ..LE.oaLVROROVNWReRW®!M O... ......!N d.4d'E Yy. ! eO1RL SIVOYIPG II.NaO IWpi The United City f Yorkville -5,sl 1 ER 1 Y rREVI J EPiF11PER IX.2202 BOO Game Farm fttl COMPREHENSIVE PLAN Bevsw roos Yorkville IL 60560 UNITED CITY OF YORKVILLE 630 5534350 - luwao x ��+a Wr xl,y'�.;arcxvr.y xa w. u'%w Letterle Property — Aerial/Context Exhibit �l LA N O Cobblestone - Commons Rush-Copley -- Fox Hill Subdrvlsion — , 4 u � ' it 2 United City 1 Yorkville G1S The Data le prows,o without warranty or any representation of tY ac The Data provided without warranty or the responsibility a.. Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness.completeness.and e 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. Letterle Property — Existing Zoning Exhibit �e G �o PLANO _ -�� i AWRiush-Copley Fox Hill Sgbdivision I s : Tj Letterle Property TIT a � 1 � 0 Q- o c; ...- .. - - River Road ��TTIi i t y\' k C\ I United City of Yo GIS The Oats Is prows,provided o compl warranty or any re ponsi udon of accuracy,timeliness,toldete.determine accuracy,timelines responsibility , the Pa/Cal Data and Aerial Photography "Requester"to mtemine accuracy,timeliness,completeness,and � Provided By Kendall County GIS appropriatemss of Its use The United City of Yorkville makes no warranties,expressed or implied.to the use of the Data. December 14, 2007 Revised January 14, 2008 STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) ANNEXATION AGREEMENT OF MARLO LETTERLE AND THE UNITED CITY OF YORKVILLE This Annexation Agreement (hereinafter "Agreement"), is made and entered into this _day of , 2008, by and between the UNITED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as "CITY" and MARLO LETTERLE, herein after referred to as "OWNER". CITY and OWNER, hereinafter referred to collectively as "PARTIES". WITNESSETH WHEREAS, OWNER owns fee simple title to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 11 acres, more or less (hereinafter "PROPERTY"); and WHEREAS, it is the desire of OWNER to annex the subject real PROPERTY and to use the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; WHEREAS, OWNER has requested that the PROPERTY be rezoned upon annexation from R- 1 to A-1 Agricultural Zoning as depicted on the Plat of Annexation attached hereto and incorporated herein as Exhibit "B", WHEREAS, OWNER has requested a Special Use for `Riding academies and stables' be approved for the PROPERTY as depicted by the drawing attached hereto and incorporated herein by reference as Exhibit "C". 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, the PARTIES have or will perform all acts and execute all documents required by law to effectuate such annexation; 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 1 WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation all as required by the provisions of the CITY'S Ordinances and Illinois Compiled Statutes; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, the PARTIES 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 (2007), inclusive, relating to Annexation Agreements, the PARTIES hereto wish to enter into a binding agreement with respect to the annexation and zoning of the subject PROPERTY and to provide for various other matters related directly or indirectly to the annexation of the PROPERTY, as authorized by, the provisions of said statutes; and NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: 1 . ANNEXATION. OWNER has filed with the Clerk of the CITY a duly and properly executed petition pursuant to, and in accordance with the provisions of 65 ILCS 5/7- 1 -1 et seq. to annex the PROPERTY and any adjacent roadways not previously annexed to the United City of Yorkville. 2. ZONING. Contemporaneously with the Annexation of the subject PROPERTY, the CITY shall adopt an ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified as A-1 Agricultural with a Special Use for Riding academies and stables. 3. ANNEXATION TO SANITARY DISTRICT. OWNER shall not be required to annex to the Yorkville-Bristol Sanitary District until residential development takes place on the subject PROPERTY. 4. DONATIONS AND CONTRIBUTIONS. A. In the event of residential development, the OWNER shall pay a School Transition Fee as pursuant to the applicable City Ordinance to the CITY 2 for the benefit of the Yorkville Community School District # 115, , and other such fees to the United City of Yorkville in conformance with all applicable City Ordinances. Said Transition, development, and other fees shall be paid per residence concurrent with and prior to the issuance of each building permit. Said fees are being paid voluntarily and with the consent of OWNER based upon this contractual agreement voluntarily entered into between the parties to this Agreement. The CITY agrees that the amount of fees including, but not limited to water connection fees, sewer connection fees, development fees, capital contribution fees and School Transition fees to be paid by OWNER shall be assessed at the time of approval of the final plat for the property by the United City of Yorkville in accordance with the fees as of the date hereof and for a period of five years as hereinafter provided in Paragraph B in effect. The OWNER knowingly hereby waives any objection as to amount of the fees to be assessed. No School Transition Fees, or School-Park Land Cash Fees shall be charged on any of the subject PROPERTY so long as the PROPERTY, in its entirety, is zoned as A- 1 and used for agricultural and the special use purposes under the terms of this Agreement. B. OWNER shall pay all school and park land-cash fees or provide land dedication as required under aforementioned City Ordinances if the PROPERTY is developed for residential purposes. OWNER shall be subject to the requirements under the City Ordinances for a period of five (5) years from the date of submittal of any final plat for the PROPERTY. In the event of the expiration of said five (5) year period OWNER and/or any DEVELOPER shall pay all school and park land-cash fees or provide land dedication and all other City development fees as required under the then existing City Ordinances. C. It is understood and agreed between the parties hereto that the PROPERTY may continue to be used and occupied (without any change or alteration) for the current farming uses and Special Use for Riding academies and stables to allow for horse boarding and horse riding lessons. D. OWNER shall reimburse the CITY Three Thousand Four Hundred Sixty Four Dollars and 95/ 100 ($3,464.95) upon development of the PROPERTY at the time of approval of a Final Plat of subdivision of the subject PROPERTY for the PROPERTY' s proportion of the cost for the Rob Roy Creek Flood Study conducted in 2002 which benefited this PROPERTY by determining the flood plain location for the Rob Roy Creek. It is understood by the PARTIES that this reimbursement amount is based on a $5.29/lineal foot rate calculated at the time the study was prepared. 3 The OWNER shall pave the segment of the existing driveway twenty-five feet (25 ') from the driveway intersection with Eldamain Road to allow for safe ingress/egress from the PROPERTY upon execution of this Agreement. The CITY recognizes this improvement shall satisfy the requirement of the gravel drive and parking areas to remain on the PROPERTY as long as the Agricultural and Special Use remains active. The OWNER shall dedicate a sixty foot (60') one-half ( 1/2) tight-of-way along Eldamain Road to Kendall County upon annexation. The OWNER shall dedicate a twenty foot (20') trail and public utility easement to the City along the Eldamain Road frontage in addition to and outside of the dedicated right-of-way. All easement documents shall be prepared by the CITY at CITY expense. OWNER shall sign said easements within 45 days of a written request from the CITY. The OWNER shall dedicate a twenty (20') permanent sanitary sewer easement generally paralleling Rob Roy Creek along with a fifty (50' ) temporary construction easement for a future sanitary sewer. The location of these easements shall be consistent with the location depicted on Exhibit "D" of this Agreement. All easement documents shall be prepared by the CITY at CITY expense. OWNER shall sign said easements within 45 days of a written request from the CITY. E. OWNER/DEVELOPER shall not be required by THE UNTIED CITY OF YORKVILLE to hook-on to the city water or Sanitary Sewer System as a result of entering into this Agreement, but must do so when available to the subject PROPERTY; but, in any event, shall hook-on upon future non- agricultural development of the subject PROPERTY. The OWNER acknowledges and relieves the CITY of any obligation to provide public utility service to the PROPERTY. F. Upon annexation, police protection; 911 service, and library service will be provided by the City to OWNER. 5. OVERSIZING & HOLD HARMLESS. In the event any said oversizing is required, the CITY and OWNER/DEVELOPER agrees to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after 4 those costs are ascertained. OWNER/DEVELOPER agrees to hold the UNITED CITY OF YORKVILLE harmless and indemnify the CITY from any liability as a result of any Recapture imposed. In addition thereto, OWNER agrees to hold the CITY harmless and indemnify against any liability as a result of OWNER invitees or licensees using the privately owned bridge on the PROPERTY. The CITY is under no obligation to inspect the bridge and has conducted no inspections thereof. 6. TIME IS OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence in this Agreement, and that all parties will make every reasonable effort to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 7. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 8. NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNER in this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility of the OWNER of the subject parcel and/or future OWNER/DEVELOPER of the subject parcel of real property at the time development or platting occurs. 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 parry claiming such failure shall notify in writing, by certified mail/retum 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: 5 CITY: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 OWNER/DEVELOPER Marlo Letterle 4378 Eldamain Road Plano, IL 60545 OWNER/DEVELOPER' S ATTY: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 9. AGREEMENT TO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 10. It is specifically understood and agreed that OWNER and its successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the PROPERTY or any Phase or Parcel and the improvements thereon to other persons, hosts, partnerships, firms, or corporations for ownership, operation, investment, building, financing, developing, construction and all such purposes, and that said persons, trusts, partnerships, firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNER has under this Agreement, and upon such transfer, such obligations relating to that part of the PROPERTY sold, transferred, mortgaged or assigned shall be the sole obligation of the transferee, except for any security posted by OWNER on any subdivided or unimproved property for which an acceptable substitute security has not been submitted to the CITY, and transferor shall be relieved of all duties and obligations hereunder relating to that portion of the PROPERTY, Phase or Parcel so sold, transferred or assigned, without limiting the foregoing provisions of this Section. 11 . PARTIAL 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. 6 If, for any reason daring the tern of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to cooperate with the OWNER to reconfirm such plans and zoning ordinances effectuating the zoning, variations and plat approvals proposed herein as necessary and any revisions shall be mutually agreeable between the PARTIES. IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNITED CITY OF YORKVILLE By: MAYOR Attest: CITY CLERK OWNER/DEVELOPER By: Marlo Letterle Attest: Prepared by and Return to: Law Offices of Daniel J. Kramer I I 07 South Bridge St. Yorkville, IL 60560 630-553-9500 7 Legal Description That part of the Northwest Quarter of Section 30 , Township 37 North , Range 7 East of the third principal meridian described as follows : Commencing at the Northwest Corner 00 ? 40 ' 37 " East , along the west line of said northwest quarter , 1543 . 21 feet to the southwest corner of fox hill unit 7 for the point of beginning ; thence south 80 ? 41 ' 57 " East , along the south line of said fox hill unit 7 and said line extended , 803 . 80 feet to the northwest corner of lot 214 of fox hill unit 4 ; thence south 00 ? 41 ' 57 " East , along the west line of lots 208 through 214 in said fox hill unit 4 , inclusive 615 . 20 feet to the southwest corner of said lot 208 ; thence north 80 ? 41157 " west , 803 . 80 feet to the west line of said northwest quarter ; thence north 00 ? 40 ' 37 " west , along said west line , 615 . 20 feet to the point of beginning in Bristol Township , Kendall County, Illinois . it i saoais ?,E 803 80, \ � > r / r330 - i 330 ow / � /rv/r.on 6r1bU /S• /IM] -/ORi •h ��.� • o r;nsn.e 11v /yam}Y� M M•w_ r. ' 8p3.8p. C/p` Reviewed By: Agenda Item Number J� y. 6 Legal ❑ EST. 1836 Finance F1 Engineer El En � Tracking Number -4 �j n City Administrator F-1 O Consultant ❑ PC 2007-27 �? <<E F1 Agenda Item Summary Memo Title: Lincoln Prairie Preliminary Plan and Final Plat Request Meeting and Date: EDC February 7, 2008 Synopsis: Petition to approve Preliminary Plan and Final Plat of Subdivision for Lincoln Prairie Subdivision Council Action Previously Taken: Date of Action: 5/24/2005 Action Taken: Annexation/PUD Agreement Approval Item Number: Type of Vote Required: Majority Council Action Requested: Approve Preliminary Plan Approve Final Plat of Subdivision Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report prepared January 29, 2008 ,��o clry 0� Memorandum Q To: Economic Development Committee esr 1e36 From: Travis Miller -�' CC: Brendan McLaughlin p Lisa Pickering (for distribution) ;�� Date: January 29, 2008 kE Subject: PC 2007-27 Lincoln Prairie Preliminary Plan and Final Plat Background: Preliminary Plan The Plan Commission recommended approval of Preliminary Subdivision Plans subject to addressing staff comments. 6 ayes; 0 no Final Plat The Plan Commission recommended approval of the Final Plat January 9, 2008 subject to addressing staff comments and City Attorney' s interpretation as it relates to Illinois Drainage Law. 7 ayes; 0 no The Lincoln Prairie annexation agreement was approved May 24, 2005 and recorded August 29, 2005. Provisions approved in this agreement provided the designation of the property to M-2 Zoning Classification and approved a Special Use for an asphalt plant use in the development. Staff Comments/Engineering Staff concerns regarding the management of stormwater include the impact the temporary solution proposed may cause to the existing field tile system on the subject property as well as adjacent property the tiles serve. Staff has requested Kathleen Orr, City Attorney to research Illinois drainage law to determine the modifications proposed to the tile system may be done without jeopardizing the subject property owner or the City with future claims of impact by adjacent property owners. Depending on Kathleen's opinion, staff may recommend the petitioner to obtain written consent from adjacent property owners served by the tile system. Landscape Plan Comments: 1) At the permanent entrance on Eldamain, street trees are required on both sides of the road. Landscaping is also required in the center median. 2) The hatching pattern for the seed mixes shall be shown under the appropriate seed list. 3) The NWL and HWL shall be indicated on the plans. 4) Include a detail of the erosion control blanket, which shall be specified for any slope to be seeded with native seed. 5) The design shows a retention basin, with a 3' wide band of `detention basin wet prairie mix' seed along the water's edge. The perimeter of the basin shall be seeded to the 641 elevation line or the HWL, whichever is greater, with the wet prairie mix. 6) Label the `stone' hatching pattern near the swale entrance to the basin, as well as the graphic at the beginning of the gravel hatching pattern (several of these are shown on the plans). 7) Proposed fence shall be included in landscape plans for approval. 8) Show any parking lot or security lighting on site. 9) Sidewalk is not indicated along "Road A", engineering plans show sidewalk on both sides of the road. Sidewalk shall be shown on the landscape plan to verify there are no conflicts with proposed street tree locations. 10) The November 21 , 2007 cost estimate should be amended to include the correct species (consistent with plan), and also include mulch, soil amendments, and erosion control blanket costs in the estimate. Shade trees should be estimated at no less than $350.00 each to purchase and install. 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630 / 466-9350 FAX: 630 / 466-9380 www.eeiweb,com Engineering Enterprises, ilnc. January 8, 2008 Mr. Joseph A. Wywrot, P. E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Lincoln Prairie Asphalt Plant Healy Asphalt Company, L.L.C. Storm Water Management Report & Existing Agricultural Drain Tile Investigation United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: We have reviewed the following documents related to the proposed Lincoln Prairie Asphalt Plant/Healy Asphalt Company, L. L.C. development: • Stormwater Management Report, Addendum No. 1 for Healy Asphalt Plant - Lincoln Prairie Subdivision prepared by Smith Engineering Consultants and dated January 4, 2008. • Existing Agricultural Drain Tile Investigation plan prepared by Huddleston McBride with project date of December 22, 2007 and revision date of January 5, 2008. • Stormwater Maintenance and Monitoring Plan developed by Smith Engineering Consultants with latest revision date of December 20, 2007. Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr. Joseph A. Wywrot, PE January 8, 2008 Page 2 of 4 Our review of these materials is to generally determine the plan's compliance with 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. Our comments are as follows: EXISTING AGRICULTURAL DRAIN TILE INVESTIGATION PLAN 1 . An incomplete plan was delivered to our office on Friday, January 4, 2008 for review. The comments found in this letter are based on that draft of the plan. On January 8, 2008 a final completed plan of this existing tile system was delivered to our office. The tile investigation notations added in this final draft do not negate any of the comments included within this letter. The final draft, in fact, reinforces the concerns expressed in this letter due to the added complexity of the tile system that has been depicted in this final plan by Huddleston-McBride. 2. Investigation of the 18-inch concrete pipe discussed in our December 13th memo revealed that this pipe has either been buried by ballast material or has been stubbed into the ballast on the north side of the BNSF tracks. In either case, it appears that the open-graded ballast material serve as an effective fence drain for this outfall. The stormwater report that serves as a companion piece to this plan states that this pipe drains to the ballast and the ground nearby. This outfall is immediately adjacent to three parallel field tiles (two 6-inch tiles and one 8-inch tile). The fact that one of the 6-inch tiles had suffered a "blow out" implies significant flows in this area. Consequently, this area remains a topic of concern due to its connectivity to offsite property (apparently owned by Inland Real Estate). 3. In spite of the theoretical calculations that can be developed to approximate changes in drain tile flows, the reality is that it is virtually impossible to predict with any certainty the effect that the diversion of surface drainage will have on various portions of the system. The design engineer has provided anecdotal statements relating to how quickly and effectively the southern depression accepts water into the tile system. We have also learned through soils reports that the area where infiltration was intended on the 14-acre Healy site was unsuitable for this purpose due to poor infiltration rates. One could deduce from this information that flow rates in the south portion of the system could increase disproportionately to the anticipated decrease in flow rates in the Healy development area to the north. 4. The concerns expressed in the above comment are further complicated by the fact that surface stormwater is being discharged across a sub-watershed GAPub11o\Yorkvi11e12005\Y00503 Hammann-Eldamain RoedtdocsUywmt05.doc Mr. Joseph A. Wywrot, PE January 8, 2008 Page 3 of 4 divide. This would not be as grave a concern if the stormwater was being discharged to an approved storm sewer system that could be maintained by the City. However, as currently designed, the relocation of this surface water could affect both upstream and downstream portions of the tile system. 5. Part I of Illinois Drainage Law entitled "Rules of Drainage" offers conditions under which a property owner has certain rights to improve drainage on their land. Part I also spells out things that landowner must not do. These include that a landowner must not divert water to lands that do not naturally receive this drainage. 6. Part I also indicates that many of the procedures or conditions to be considered are predicated on the fact that "other owners have refused consent (for an easement)". This raises a question as to whether all potential easement routes for a storm sewer were considered and whether other owners were approached, namely Commonwealth Edison and the Schultz family. 7. There is also a question regarding the construction of the sewer identified as a 24-inch RCP outfall sewer on the Loftus property. We question whether this is a storm sewer or a butt ended drain tile. It would be helpful to know who constructed this sewer and whether there are any easements associated with its original construction. The ultimate question related to this existing line is whether the developer may have the right to replace and improve this tile without the purchase of an easement from the downstream owner. & The Stormwater Maintenance and Monitoring Plan which was part of the submittal recommends a 5-year maintenance and monitoring program that covers the Healy Asphalt on-site drainage structures, BMP's and retention pond. The Plan is silent regarding maintenance and monitoring of Depressional Area #2 and the drain the system that will drain this area. Even if a backup SSA were create to fund the activity, we believe it would be ill- advised for the City to be placed in a situation of having to monitor and maintain this the system. 9. Finally, considering the complexity of the existing on and off site drain tile system and the potential ramifications of the currently proposed solutions, we recommend the legal counsel be engaged to thoroughly consider the legal issues with the currently proposed solution. In addition, we believe connection to drain tiles, directly or indirectly, should require sign-off and approval from upstream and downstream property owners. G:tPub1icWodcvd1et2005%YO0503 Hammann-Eldamain RoadtdocsUwywmt05.doc Mr. Joseph A. Wywrot, PE January 8, 2008 Page 4 of 4 CONCLUSION We recommend that all potential routes for storm sewer outfalls be revisited and that the existing 24-inch concrete pipe outfall on the Loftus property be researched for possible easement rights. It is our opinion that the proper stormwater solution for this site and the entire Lincoln Prairie Subdivision rests in the construction of a properly design and constructed storm sewer outfall. If the City wishes to consider the currently proposed system as a temporary solution, we strongly encourage that sign-off be required from the property owners north, east and south of this site that have potential connectivity to the existing tile system. This process should include each of these owners agreeing to hold the City harmless for any problems resulting from this temporary system. If you have any questions or need additional information please contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. ��'"— sf William E. Dunn, P. E. Senior Project Manager pc: Brendan McLaughlin, City Administrator Travis Miller, Community Development Director Charlie Wunder, Urban Planner Annette Williams, Administrative Assistant JWF, TNP, AJT, DRM - EEI G:Tublic7iYorkville2005\700503 Hsmmann-Elda ain RoadWocsllwywrot05.tloc SUBJECIPROFE PINS:M-iB3WG01 IOrcA Ralemv,W Msyn Fmd181MAtp9 PRELIMINARY / FINAL PLAT OF SUBDIVISION SEC SEC GROUP, INC. LINCOLN PRAIRIE 02-,B SmMEglneetlg Wle.ILanm -SEC A ometlon• SEG Panning fgMO PK NAIL AT Obiggppdpd ]53JdnseeeL VwkAee.ILBO5a0 iIIF NORPREST CORNER 02-1&iWIXN L mB.M.79B 1.=MD7W OF SECRW I8-37-7 M-t&tOWBS �'�"�q�vjc°'m ' PB1fie®6B��pm� IN WE LOCA7IW OF IRM PIPE A SUBDIVISION OF PART OF SECTIONS 18 AND 19, TOWNSHIP 37 NORTH, RANGE 7 CAMP. tae TJ orasn-va-r N-woamzBO=As PER DWUMENT -Self PLors mwai^ OWNER cGMMON ni wis1DN COMPANYI EAST, OF THE THIRD PRINCIPAL MERIDIAN, KENDALL TOWNSHIP, WON ( w zaNING:KwDAU.wuNrc r--1 s-At KENDALL COUNTY, ILLINOIS J FOUND IRON PIPE iAT CORNER ( W20-E 565 AT CORNER PIPE P LOCATION MAP FRCLECT 589°56'20'E 56521' e I' OWNER COMMONWEALTH EDIS10N COMPANY GRAPHIC SCALE 11 /5 ZQYING:IRNONLCOUNT(-At y > wa °I7�28F SOU NNESIERLY ONE OF ME —' z z H �9A 9>B) LOMMW44£ALIH EDISON NDS ( q NsRY7 1 y. W..a o S 1 97687) 1 Iveh - R00 6 °I o iAn I FOUND 1" /RW PIPE 1500' R.O.W. 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SCNP 7 OF 6 S QO MIA OD INS uo,o:Pior.,.4AI n.a9a Paaatu4aomoe PRELIMINARY / FINAL PLAT OF SUBDIVISION in SECGROUP, INC. Sm6Jn Engineering Consultants •SEC Automallon-SEC Planning LINCOLN PRAIRIE sem5 `Ya N .am ea L�v56.TTAa LB:bSSi.>a18 5v9�wpinWm �9wW6p®WlaVliwam A SUBDIVISION OF PART OF SECTIONS 18 AND 19, TOWNSHIP 37 NORTH, RANGE 7 awl. Rae o>wa>-r,.-ma-NOl-asam.� EAST, OF THE THIRD PRINCIPAL MERIDIAN, KENDALL TOWNSHIP, � a KENDALL COUNTY, ILLINOIS — ��c- AREA LOCATM MAP e i ISes°01'2TE) � GRAPHIC SCALE I S89°58'20'E 585.21' • ® ,� ]501' 49a20'— — — T T00BSL I lack IN (L 1¢0 ' POE \\\ \ —I I �1SW' Sal- ZONING R: KEGI OO W00UL N -DAIt 810N COMPNIY \ $ a ,d 20.00' aSL SyO°°)078 a: I 10.00' P.UE \ \178 F0T e I I \ \T'.6IN z =o I \\ � $ N II \\ I law' RUE \ 3 I I II o8 TT II I N on ,y I 2a00' aSL I on VVg II Im - g ia00' P.0.E - - - - T J I4 SWTN LINE CF WE NORTHNEST WARIER a< SECTION 18-31_7 — — 18 Iz — — — NMM MNE OF THE SwMi#EST WARIER O SECRW iB ]]– \ 6 iJ 3' I \ f`1 I \ IER!/NE OF EIDAMAM ROAD AS IRA4ETE0 II O 1 \ 1,81.62 a res \ 41.62 acres \ 1500' R.O.W. HEREIOFOR£ OEOICATEO PER j DOCUMENTS 200.500025830 R 200500025833 10.00' P.aE N m 11 O Z % N I �\ MOO' 911- 2500' B.SL 80.00' R HER 0E0ICA7£D ZONING;CKOFNMOMOLLNOOUNT T-Al PR O N T 2W5O 1583 COMPANI' 1500' RUE \ l �W 2SC0' B <ftS _SL 'I _ L�fil6__P Cy' N6 JI— w _ _I589AY56W 666.99'9• � 7AA� A]49 ! TENPa4ARY I.EE FOR \ W _ E\ \ t` ME T Oi W A6l Oa \ — 1 – – 9 - — – _ � – – s R \ \ (N89°5T33°E 2781.87) �� _ 666.99'- — — — — — — — — _ \ .r�OSS \\ \�� 89°023SE 2]81.47—� V II7�T �� 40� �9 se \ �� 4500' O I`r I I 1500' P.UE 1500' B.SL \\\ \\ \ 2100' HSL I 2a00' B.SL F OO 0.00' R.SE 3 o I I \\ ^\ ��\ I zB.00• e.SL F l z o° 0 TO.00' B.SL O 4 '^- G 2SW' BSL I \\\m I —1500' RUE \ �� 1500' RUE 20.00' P.UE O of W law, LorS R=laaur PRHA4NAQY / Ff4AL cr 2,60].342 aq.R Sonesu£ 59.86 acres 1500' P.U.E. \\ �\y, \\ \�\\ / bh Hi M.00' I LOT2 PLAT OF $T.�I 609.646 aq.K Z 1500' R.O.W. HERETOFORE OEOICATEO PER 2500' B�SL \ o .�;Y� \ \ a'>s'Ir le_n 14.1)0 aces F LMiIXN PRARE SL.�D/VAS�AN OOCUMO7S 200.500025930 & 200500025833 \ \q, \\ W "--\\ w 7}E [ CX V CITY CF YCRKV/ / F \ 9. ��\\ssaoru•K vast --I N KEDALL CC[.NTY, LLAWIS W REN96N6 ORAMN BM. DATE Plal N0, SEE SHEET NO. 5 FOR CONTINUATION TEMPaRARY LEE FOR ut r. ee o6 2z 001 010341 E SENEFlT OF LOT 2 OE4GlED BM HO M. SCNE SHEET NO. 1° = 100' CHECI® BY: VERY. S 2 OF 6 s CO NIA PRELIMINARY / FINAL PLAT OF SUBDIVISION SEC GROUP, INC. N a ID1MaN Re mDtm LINCOLN PRAIRIE 8m ME0giDe9tl0g Cgreu8a05 •SEC AWDmatign •SEC Planning ]fB.Mn 9510 t 630 55 IL NSN C�.551.]9m A69.951]BIB A SUBDIVISION OF PART OF SECTIONS 18 AND 19, TOWNSHIP 37 NORTH, RANGE 7 mON�-Re-Fhd-Hel-mbpJ.Ery EAST, OF THE THIRD PRINCIPAL MERIDIAN, KENDALL TOWNSHIP, ttWP. PIZ RDrIysYAIDARo • KENDALL COUNTY, ILLINOIS ME1D ah1I9 _Pn GRAPHIC SCALE ( W Lr113m[ ) L loch � LOD 1L O .0 OWNER CAMMONWE9LTH FDISILN fAMPANY (L 2�F ZONING NENDALLCWNIT-A1 N 20.00' B.SL � N�ao SET 6' DIAMETER �' " ' CQVGREIE MONUMENT AT CORNER k~ (N89°5T33°E 2781.67) 6".06' 4% IO.00' Pu.E N89°02'35'E 2781.47 0.00 — _ — _ — _ - -IBIO.]6'— 880.71' —�T _ — _ — _ — _ _ - - s.n• — _ — _ _ - - - _ AOO' B.SL 1 1 y 22.00Y 0.00' B.SL I I — — n I\ Q00' P.UE. 1 L,I1 S00' SM.E. bI n 1 �L- ImsY I I B.SL '0.00' RAIUtOAO SPUR EASEMENT I b Hm I LOT 1 10.00' I I `I w- MtaY 2500' B.SLj 1.812,998 sq.R II 41.62 acres 20.00' 0.0.E y� yV, 1b N r OF R.VLPYO SWfl FBY ATIIT I 2000' B.SL I PIX FU] rY ApBA FOF OCID BY 12001 IXS I 1580' P.U.E I � I a 6EWWD A DA>E K DC]mBf x zaL+ � IISA' M]zar6NR96rE 6 Pi91Wfr A5/R MAL% E19786 l a I I I I T„I.MRED I bP 102IY o jsasvYUY ]e]n u4wi W iS00'—I m I _ LOT maw,mv _ 1,292180 s 9.k. I tic 60.0 ' R.OW. HERORE ODCRD PFR 250' B.SL LOT ��•) Q � 29.66 acres i DOCUMENTS 200.500225830 & 200500025833 609,846 sq.IL \� 1500' P.U.£ 14.00 awes I I I 20.00' BSL 20.00' B.SL W w 0ENIE7?UNE pF BEECHER ROAD I AS ]RAMM � I 20.00' B.SL I !� \ 10.00' W 2500' BSLT I 80.00' R.O.W. NEA£TO 630 DEDICATED PER TO.00' P.O.E �J I I I 2 EN 000 / X / 1 80.00' R.0.W. HERETOFORE OED]CA]ID PER I500' P.UE I I \ IS00' P.UE I I TEMpCWARY R/RNAROUND EASEMENT I I I M 5833 ��• �J I o e ' 1500' RUE � TS00' B.SL \!4 <y \ TS00' BSL � _�CSEE DETAtt) S* �� is.FMR�"zB>\.Ofpf ��— - _ - J L - T - _ - - _ - - - - - IBtz59•_ - -�. _ _'�J. cum; m Ip TOT. _ � � _ R30.00' QO 1 SB9W'S6'W 2515.7A sn�rB'ze•w �3s• ROAD A' _ - +_ _ — _ — _ — _ _ _ — _ _ — _ __ _ �� A, m m LOTS yy R30.00'_ F� 2.60).342 aq.k. / W �� .1_ _ _ � _ _ � _ _ �F _ _ � _ _ 59.86 acres — — — _ — — _ N N _ — _ _ - - - — — _ t _ — _ - - - _ - - _ .TI5S92'- - - _ 444 _ 4 2500' B.SL 40.00' .W' - - _ — _ - - - - - - II ST6M818'W � Sag' BSL LOT 4 S00' P.UE / � / !!11 2,750,927 eq.R /,/ �IX/// !�I 71.71' IS00' P.UE 63.34 acres f I 6400' R.O.W. HERETOFORE OE;2W5000 PEA .n VV'' � / / 516'IBIB•W I � DOCUMENI5100.5000T5&JO & 700.500075833 I °P O SEE SHEET N0. 4 FOR CONTINUATION _ Oy A7lFAl LOG4TKW AMP yG II I 1 I9n' — R ca Hsaw'.]s'E 1� 01- xse' I 6 Baovr 1$ PLAT OF SLEID VASION m- N9rAYmT / w- 2158Y L.4 rXILV PRARE SL.I3D11 ILYV > _ 774E IAUEV CITY OF YOkKVLLa KENDALL COUNTY, ILPGS SCALE 1• s 50' lEHACII9 IXUMN BY: DAIS PROJECT N0. ]. "W O6 7 070347 z DE9hNED BY: NOW. gOU P. SHEET N0. s MIA 1' a 100' a mEa® Or. I wn. B - 3 OF 6 s CD NA qFa P,alaixYl Ceegnfi,m Rt040Mi� PRELIMINARY / FINAL PLAT OF SUBDIVISION SEC GROUP, G O P NC. Smith mu6 � . 6EC ��Sn 6ECPIeM 9 ] 9n HYb0,IL&L I N GO L N PRAIRIE tnb5n 7m LnlOSMTWl wxx5a9wy,e¢m erglrcadt9Daa�maWm�min A SUBDIVISION OF PART OF SECTIONS 18 & 19, TOWNSHIP 37 NORTH, RANGE 7 EAST, OF THE THIRD PRINCIPAL MERIDIAN, KENDALL TOWNSHIP, WM s..t 4LV0N'D KENDALL COUNTY, ILLINOIS GRAPHIC SCALE ( m rase ) W..DD' R.aW.. HERETOFORE SEE SHEET NO. 3 FOR CONTINUATION "- LOT2 DEPID170 PER OOCUM0175 I 609.696 sq.R 14.00 acres 25830 58TJ / X / 1,292,80 aq.K I 15.00' P.aE 2500• - - - - - - 29.66 area — — _ - - -_ _ _ _ _ _ 611.9Y— f— — T — I A N 3310' �F "cgCy�Ol.3 _ _ _'�Q00'Op� — — � _ — � 5&9OJ'S6'W 2515)4 _ — — — — _ sz6I6T6'w \ s• v ROAD A _ _ — - �-- - - - -- - -- - - - - - - ' - - ROAD A' SODP - - �_ 2ru�-- - -- - - - L - - - - - - -�- - - - - - - _ — .1%55.92'- - - - - - - - - - - - - - L 3310' i I UE I 1 /l Y / 526I82B"W .� iS00' P.UE `Mgrovwv nurvRBaTJ [A2vwi 2500' B.SL CENRR!/NE G1` BEECHER T.11' S00' B.SL (si/1ElNt a 9RF7 J1 I AS 7RANDLD 52646T6"W I I 80.00' R.0.W. HERE)OFORE 30.00' RARROAO . UR EASEMENT i 1500' B.SL N / DFDICA7E0 PER DOCUMENTS LOT 5 / / o o / PER PUT a' SURVEY PREPARED BY AM -HlC 005000 D 2005000256J3 2,607,342 a .R. / O'/,Y{� / I BEARING A OAW OF w7WER 24 200.T 1 59.86 ayes Iry all //N� 1 15.00' P.UE L- I 9 O �I • /m b I I AFFO l� i �I m I pO°Iry 1 I y II LOT4 III I� I 2.758.927 sq.IL law --4 63.34 63.34 acres I I I I 1 1 aNIWIRVE Wms vw 7RA<x I OD ( I I 1 60.&Y RAW. HERETOFORE I I O I DEDICA7£D PER DOCUMEIVIS {I I 20a5000258J0 @ 200.500025ftJ3 T500' B.SL � i I law, P.U.E I I I _ M..&Y RAW. HERETOFORE OEWCA7ED ITT PER DOCUMENT 200500025&J3 1 I 2500' B.SL I r I 1 I I / 20.110' BSL 62.24 / law, A I I kr yy i 10.Gtl' P.U.E M.00' 1 I AEA/ 50.00' I± I NORIHBESIERLYR.0.W. LANE i., OF BURUNGM NORTHERN / I '•{l Iri I� SANTA FE RAILROAD III � UIII I DI I 2Og1.05 ¢� I CENIQYINE LK FA m RO 72' 3'1') / 1 & I � o6"N 2� JI 1 1 I 40.00' R.0.W. HERETOFORE S1 p'1, //3AD / iS00 P.U.E. DEDI"A PER DMIIJNENIS I I SSOD' 8SL 110500015833 /�I�f� law, P.UE _. J — 20A974- 25W' aSL / SOIIIH !/NE OF THE ygU1HXE5T WARIER OF SEC 18-JJ_]__ _ _� - - - T38B6' _— 5 . CUa � `\\\\\\\ NORIH_LINE OF NRNHE 8£S WWAR IER OSECB/O 19 A24 LO( dTKV 87° 8.51V 1813VI M&Y RSL (S88324 1816.32) 'law, . IF � 611 _ 7E law. RUE. ON AIdP 100.5 (M3°8 518. 76 514.601 7513 / FWAL F'LAPRBN�RY$�V1510N LACQN ARARE SLEUVOM T)-E LJIPTLD GYY OF YORKVLLE / - / I415DALL COLNTY, L0401S RflA9IXb DR%M Bh DATE RLD,EfT NO. t B,B OS ] 0> 7 2 OE9QlHD BM NOf62 SCNE 5EE7 NR NA 1 0 IXISI Bit vERT. suuE 4 OF 6 n C1B N A Itlhw@RN¢s9wW�Fl,m&1&6W>I0& PRELIMINARY / FINAL PLAT OF SUBDIVISION In SECGROUP, INC. LINCOLN PRAIRIE SmgM1 E gineeling Cone 110DS •BEO Ae aria bn• SEC Planning ]SBJdn S0MYO4WgLLPo5W] Lt(aA 1]5W] EM..SS.M6 ae}ywi(Ymmn eryvmtr9®'�9aP�n A SUBDIVISION OF PART OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST, OF ,, lXD 0]W7_P..-F.w.eaFmID07 THE THIRD PRINCIPAL MERIDIAN, KENDALL TOWNSHIP, "`.a°' .a i] AS""PR0 KENDALL COUNTY, ILLINOIS z 0 SEE SHEET N0. 2 FOR CONTINUATION F � \ \\ L-rrb]v ' i 81 !// a- 1rzir I N F � am GRAPHIC SCALE \ \ `\ z eme , .e I \�p \ �oz'xzw re].n � V w i .P. sY-- � 0 O L rueL m LIO tL {-1500' P.U.E III 2500' 95L \ ;\ >� I O I I 1500 P.UE \ Z 80.00' R aW.. HERE)OFORE \\ \ I W OEDICAIED PER OCCUMENIS \\ \ \ I I I f I �S o —I I 82619 B•W m LSY7p s2e19'29'W n.>z' / / /[ // 8T618'TB•W I I LOTS N CEN]ERUNE CF EUTAMAIN ROAD 2.607,342 sq.N. •h/ QIiZ �.� 59.86 acres YY q O / III III pls !�I I 7500' R.O.W. HER£I WE OFOAG w` PER DOCUMENTS I I I 200500025&70 & 20050002593J I I ( II � i ► z � I I I F &0.00' F.0.W. HERflOFORE I j I OEDICAIID PER OOWMENIS I I F g 1005W02 9 0 R 20 000258 3 1 0 a 1 1500' B.SL�I � I I I O 1 I 1500' P.U.E— T N o )p II I I < O g =I u w = 4 F i i i 1 1 lu I w ii lil Ql IiI H a 1500' P.LLE CEOICATED PIS? OOCUMENIB ZOO5000258J0 B 1005 7500' BSL CENTERLINE OF FAXQV ROAD I I 1 1500' BSL iS00' P.UE SWIH LINE OF ME 50UTNWeST WARIER OF SECRON IB-JI-] _ L _ - - — FAXAV, ROAD T;, - - --i - - - r - 1575,2 SBT°36'51^N 1813.97 y' a (SW W24R 1816.31) FRBPoWARY / FWAL rc r3 FLAT OF SLEIDWSM ? 24 3' LWO,LN APAMW SL@D1VMM 7FE LMT® CITY OF YORKVL14 KIEWALL OQ(NTY, LL9N71S IexsWS DRAW Bn DATE PRO.ECT N0. L BBB O6 7 O7 7 z pF3NilFD Bn N B - 8 NO. x NIA 1 = 100' .. nffaan Bn \ r. sr..s. 5 OF 6 x CO NA CP IILLn®AaH�:nM Ossl6n Flnn k 10iN01 W SEC GROUP, INC. PRELIMINARY / FINAL PLAT OF SUBDIVISION SmNM FSginftriN (> mulbnb•SEC Aubm6W6n " SEC Pbnning LINGOLN PRAIRIEY 6 t6]OISi.TYO L830.59.Ri6 wxaxP'H4 w �^3mLR,mOiiemn LWP. iNf OJIWJ-RSFnW�laf-PSSM].Op A SUBDIVISION OF PART OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST, OF KR M5si ANOA"O THE THIRD PRINCIPAL MERIDIAN, KENDALL TOWNSHIP, amElIAND22Z KENDALL COUNTY, ILLINOIS SIAM ILLINOIS ) CWNN W T)SS A NON-EXCLU9W EASEMENT IS HEREBY RESERVED FOR AND GRANTED M SBC AMERITECN, NICO . COM EP, COMCAST, OTHER PUBLIC UDUlf S AND HOLDERS OF EMSRNG FRANCHSES GRANTED BY THE MIS IS M CERRFY THAT W£ UND£RSIWED IS (ARE) WE ONNERS OF WE ON q WARKWLLE ILLNgS ANO MDR RESPECIIW SUCCESSORS AND ASSIGNS WIIMIN WE AREAS PROPERTY 12 SCR/BED ON ME ATTAWW PLAT AND HAS MA Y£) CAUSED ME G amm RT SHOWN C WE PLAT AS "PUBLIC r. RM & DRAINAGE MPLA NY (RECT. A N P.U. d D.E) M SAME TO W SURVEYED, SUBDIWOED AND PLATTED AS SHOWN BY ME PLAT tlN CORNY CEF? w CONSMUCT, INSTAL!, ISSON A UCT, REPAIR, RFTAOVE REFUGE INSPECT. MAINTAIN AND OPERATE UNDERGROUND WANSMINAON AND DISTMBURW SYSTEMS AND LINES UNDER ME SURFACE OF NE FOP ME PURPOSES E INDICATED STORE A AND DOES HEREBY MCZAIED. C£ STA1£ � lLLNgS ) MAINS, CM & DRAINAGE EASEMENT', INCLUDING ACT M OMITAPON M TELEPHONE 7ENLE GAS AND ADOPT WE SAME UNDER WE SI11E AND PR£ HEREON INgMIED. STA]£ W ILLNgS ) )SS MAINS E7ECMIC LINES CABLE 1FIEWWW LINES; AND ALL NECESSARY FACN/PES APPURTENANT WE UNDERSIMED HEREBY DEDICATES FOR PUBLIC USE THE LANDS WOWN ON )SS COUNTY t KENDALL) MEREM MCc M WIM WE RIWT W ACCESS IfRWTO FW WE PERSONNEL AND EWIPMENT MIS PLA T FOR WOROI/GTIFARES SWEETS ALLEYS AND PUBLIC 99?WLCS AND COUNTY OF KENDALL) NECESSARY AND REWIRED FOP SUCH USES AND PURPOSES AND IDGEIHER WPM WE RIGHT TO HEREBY ALSO RESERVES FOR ANY EI£CNIG M$ 1£tEPNONE CABLE N OP APPROVED AND ACCEPTED BY ME MAYOR AM ON CObNOL q' WE UNITED CITY INSTALL REWIRED SERWCE GGNNECMNS UNDER ME WRFACE OF EACH LOT TO SERVE IMPROVEMENTS OMER TEL SO RMU ?WS FO COMPANY UNDER FRANCHISE AGREEMENT NIM WE APPROVED AND ACCEPTED BY ME MAYOR AND ON GWNCIL OF WE Uhll ON 1DRKWLLG A1010% BY ORDINANCE NO WEREM.. UNITED ON ON YORKVTnON NOR WCCES]'ORS AND HI5 AG WE EASEMENT CITY OF VOPKWLLE WNOIS MIS DAY Of 2W_ AT A MEERNG HELD NIIS _ DAY ON 200 A NW-EXCLUMW EASEMENT IS ALSO HEREBY REMI?WO FOR AND GEMMED TO ME UNITED ON OF PROWSIONS KWON ARE S7A7ED HEREON. 1YWKWLLE ILLNO'S TO CONSIRUCT, /NSTA14 WCWSRWCT, REPAIR, REMOVE REPLACE AND INSPECT WE UNDERSWED FORMER CFRREES MAT ALL Of" WE LAND INCLUDED IN MA)nR ON CLERK FACIURES FOP WE HANSML9W AND DMIRIBURGH l 07W, STTMM SEWER; SANITARY SMRS MIS PLA T LIES WTMIN WE BWNOARIES ON YWKWLLE COMMUNITY SCHOOL AND EECNIgTY, W NIIN ME AREAS SF/OWN W WE PLAT AS "PUBLIC UDUTY W DRAINAGE DISMICT 115 EASEMENT", TWETHOt WIN A RfGFfT OF ACCESS MEREM FOP WE PERSONNEL AM EWIPMENT NECESSARY AND REWIRED FOR SUCH USES AND PURPOSES W1NE55 MY (OUR) HAND AND SEAL AT WE ABOVE NAMED ENRDES ARE HEREBY GPAMED ME RIGHT TO ENTR UPON EASEMENTS HEREIN MIS _ DAY W 20tt� ON E1NiJNE£R9 FERBFICART DESCRIBED FOR ME USES HERON SET FORM AND WE RIWT TO WT, )RIM. OR REMOVE ANY IREES SHRUBS OR OMER PLANIS WHIN 7NE AREAS 0E 10MA7ED AS TURLIC URLITY AND ORMNAC£ OWEN (PRINTED NAME) OWEN (PRINTED NAME) STATE q ILLMIS ) STATE OF ILLNOIS ) EASSIENY WH ICH INIER2PE WIN WE CWSMUCRW, INSTALLARON,, RECWSMUCRW, REPAIR. REMOMA4 REPLACEMENT, MAINZ ANM AND W£RAMN OF NOR UNDERWOIMO MANSMISSIW AND COUNTY OU KENOALL))S COUNTY OF I DISTRIBURON SYSTEMS AND FACURES APPURTENANT WERETO. NO PERMANENT BUILDINGS SIMICNRES OR OBSMUCRONS SHALL BE CONSMUCIEP IN, UPON, OR OVER ANY AREAS DESIWA7£U MOTARY EF'RTM'M.AM APPROVED ANT ACCEPIED BY ME ON ADMINISMAMR OF ME UNTIED ON OF 1, ..VIE WYWROT, ON EMINUR FOR ME UNIRD ON q" YORKWLLE, DO AS *PUBLIC URUTY A' DRAINAGE EASEMENT, BUT SUCH AREAF MAY BE USED FW CARO MS SR IBS YWKWLL& ILLINLYS MIS _ DAY OF ZW_, HEREBY CERNFY MAT ME REWIRED IMPROVEMENTS HAVE BEEN INSTALLED OR TREES LANDSCAPING DRIVEWAYS AND OMER RELATED PURPOSES MAT NOT UNREASONABLY START OF ILLINOIS ) ME REWIRED WMM7EE COILARTRAL HAS BEEN POSTED FOP WE INIERFERE HIM WE USES HERON DESCRIB£0. CWPL Ilm ON ALL R£DU9IED IMPROWUMIS )� tltt AOM/N/S7RA]BR WE ABOW AM AND USE B EA NW-EXCLUSIVE EMS VAL NBE DONE AND RESERVED FOR CWNN W I DAZED AT YINRNWLLE ILLINOIS MIS _ DAY OF NO ABOVE NAMED HIM ENITHES OR BY EACH Il SLAW WBPEF WELL BE DONE IN ST/W A MANNER SD AS L NOTARY PUBLIC IN AND fGP WE STATE AND 100_ NOT M INTERFERE INW OR PRECLUDE A REW WW AND USE WERND BY OMER ENDDES FW COUNTY AFORESAID, HEREBY CEARFY MAT WHKM SLAW EA.4JE M ARE GRANTED AND RESERVED. ON CROSSING AND RECR SO AS OF TO AND PERSONALLY KNOW TO ME TO BE WE SAME INSERTERS BY ME ABOVE NAMED RtO anIMS MY SHALL BE CONE IN SUCH A MANNER SO AS NOT M PERSW(S) WHOSE NAMES) IS (ARE) SUBSCRIBED TO WE FOREGOING ON H!M ^! IYF -Ii Cltt £NpNEER INTERFERE NT DAMA E ZS DQ WIN ANY EANW/SSW AND 015MIBURON RECRO SYSIEMS AND FACTURES APPURTENANT WEREM EMSRNG B MN WE EASEMENTS BONG CROSSED A RECROSSED. NO USE W 1NSWUAIENT, APPEARED BEFOPL T HIS DAY AND IMG INSWUMM ME STALE q' II1/Ng5 ) MADE R A ON SAID EASEMENTS BY WE ABOVE NMS? FNRREF SHALL GU9: ANY WANG£ IN ES'ES AM ON ME ANNEXED PUT AND AS HIS (MAB)MENTS FOR ME USES AND PURPOSES MEREN SLT FONN AS HIS (HER)(Ml£R) FREE X1LL ANC )SS MADE N IMPAIR R ORANGE WE SURFACE OWE W111 PA N VOLUNTARY ACT. CWNN OF KENOALLJ EOILONNG ANY MURK M BE PERFORMED O SNAIL HA qN ON YOATION IN ME EXERCISE W /IS APPROVED AND ACCEPTED BY WE PLAN COMMISSION OF ME UNITED tlN OF EASFMENT NWTS HERON GRANTED. SAID T V F= HATE R MAMN, MEN RESPECT ID gVEN UNDER MY HAND AND NDIORIAL SEAL COIF DAY W YWKWLGE ALNgS MIS — DAY Ol' ZW� STATE ON I1UNg5 SURFACE ENT. WARW INCWDING BUT LA UMIIET U ER RESTWARCW, REPAIR ON T SAID RENT 2OD_ ) SH PAVEMENT, CURB FOLLOM MESS LAWN EN SHRUBBERY, FRONDED, HOWEVER. GHAT SAID ON }4S WELL BE O AS TO FOLLONING SLAW DRAINAGE, ME XORK. ID BAGY A AND MOUND ALL MENW NOTARY PUBLIC CHAIRMAN COUNTY OF KENDALL) SURFACE M REMOVE Ail. XCFSS DEBRIS AM S GL AANO PAIDI 10 LEAVEN ME MAIMENANCE AREA IN A I, COUNTY CLERK W KENDALL COUNT; IWMFa GENERALLY CLEAN ANC 110VAINANUI(£ CONO MM.NO smynnv5 CER7MM'!ti< UNPAID CURRENT ]MMES NO UNPAIDEFWFEII£D OlAXES AND NO R SABLE tlYRAN 5 FER781C4H TAX SALES AGAINST ANY OF ME LAND INCLUDED IN WE PLAT HERON DRAWN. START W NLINOIS ) START OF ILLNOIS ) I NRMM tr nI NAT l HAVE REGEIWP ALL STATUTORY FEES IN A NON-EXCLUSIVE EASEMENT TOR SERWNG WE SUBDIVISION CONNECTION" WIN WE PLAT HEREIN DRANK. AM OMER PRWERTY WIT RECWC AND CWMUNICARON SERWCE COUNTY OF KENDALL ) COUNTY W KENDALL IS HEREBY RESERVED FOR AND GRANTED M OINK UNDER MY NAND AND SEAL W ME CWNN CLERK AT YWKWLLE MIS IS M CO M- GHAT 1, CRAIG L DUN, ILLINOIS M PROFESSIONAL RAND ACCEPTED AND APPROIkD MIS _ DAY ON 2W_ ILLNOI$ NlF DAY ON 200 CWMONIfEALM EDLSON COMPANY, AMERI7EW ILLINOIS a.k.¢ ILLINOIS BELL 1£1EPHONf COMPANY, WRWMt N0. 35-3558, Ai DIE' NEWEST ON JS OWNE EIF NEREDE HAW GRAM]£ES WRY£YED AND PUT1ID HE FOILOWWG DESCPIBED PROPERT? CWNN CLERK MOR RESPECRVE LICENSEES WC[ , ROCS AND CF. IMF JgNW AND SEVERALLY 7 CONSTRUCT, MAT PART W SECONS 18 AND 1S IN WISRN MWNSHIP, DESCRIBED AS KENDALL COUNTY EN9NEFR OPERA]£. 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"OPEN AREA. COMMON GROUND, *PARKING; AND COMMON AREA' WE TERMS COMMON AREA OR AREAS" AND COMMON O MENIY INCLUDE REAL PROPERTY SURFACED MN INZERIOR ORIW MAYS AND I FORMER CERRFY MAT WE PUT HEREON DRAWN IS A CORRECT AND WALKWAYS BUT EXCLUDES REAL PRMERN PHYSICALLY OCCUPIED BY A WILDING SOtWCE BUSINESF ACCLIRART REPRESENTARON OF SAID SURVEY AND SUMMION. ALL DISTANCES D ISTRICT OR SMUCTURES SUCH AS A POOL. RTR?InON POND OR MECHANICAL EWIPMENT. ARE SHORN M FEET AM DEtlMALS HEREOF. I fURWER [£BEEN WAi NO PART OF WE ABOVE TESCR/BED PREFORM /S RROCA RON OF FAGURES CALL BE DONE BY GRAN= AT MST O ME GRANMP/LOT OWNER, UPON LOCATED WFAM A SPECIAL a" HAZARD AREA AS IOENROEO BY ME MNTIFN REWEST FEDERAL EMERGENCY MANAGEMENT AGENCY BASED ON ERM 17OMI-00= DATED .LILY 19, 1982 ALL OF ME PRWERN LS LOM IED IN ZONE G AREAS OF MINIMAL ROOTING I FORMER CORRFY MAT I HAW SET ALL SUBOIWSM MONUMEN75 AND PI79.M4VARY I FPIAL DESG M HEM ON MIS ENAL PUT AS REWIRED BY WE PLA T ACT (ILLNOS FLAT OF SLODIVOM IM11M) STAMIE5 193,, WAPTER 109. SECRON 1). I FORMER CERDFY MAT WE PRq N SHORN ON WE PLAT HEREON WANK LWaN FRAM SU5191VOON IS WTUAIED W MIN ME CORPORART UTAIIS LN' ME UNITED ON OF )DIM" NODCE' 7}£ LMH) CITY OF YOFCKVIlE WMIS, WNIW IS EXEROSMC WE SPECIAL POWERS AUMOMM BY DIMON KENDALL CWNN HAS A LONG NW MAOIRON IN ASAVOILWRE AND 12 OF AROG£ 11 OF WE ILLINOIS MUNIGPAL CODE AS AMENDED. 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SCALE 6 OF 6 LILZNSE EIPIRES 11/30/2009. s C!D .MIA `,QED CITY Reviewed By: Agenda Item Number Z) n �0 Legal ❑ NEW �U51NC55 ��' AFinance ❑ ESL \, 1836 Engineer ❑ Tracking Number 0 I� _. � 0 City Administrator ❑ 9�G `20 Consultant ❑❑ -PC, aot5l - I y <LE Agenda Item Summary Memo Title: Yorkville Crossing—PUD Amendment Request Meeting and Date: EDC February 7, 2008 Synopsis: Petition to approve amendments to the current Yorkville Crossing PUD Agreement Council Action Previously Taken: Date of Action: 5/22/2007 Action Taken: Public Hearing Item Number: Type of Vote Required: Majority Council Action Requested: Approve PUD Amendment Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report prepared February 1,2008 0 Memorandum a To: Economic Development Committee EST 1836 From: Travis Miller g � CC: Lisa Pickering (for distribution) C` Jy . p� Date: February 1 , 2008 ALE` Subject: PC2007-14 Yorkville Crossing PUD Amendment Request Background: The current PUD/Annexation Agreement for the Yorkville Crossings property was approved in July 2000 and recorded in September 2000. This agreement consists of 257.68 acres including commercial uses (B-3) and residential uses (R-2) and a 64 acre regional detention basin. Agreement is attached for your reference. Since the approval in 2000 many changes have occurred (and have been approved) including: - The Menards subdivision was designed to include additional stormwater management areas/basins which have resulted in a reduction in need for the 64 acre regional detention originally contemplated; - The Post Office property has been created and developed; - Prairie Pointe subdivision was approved (4 lots) and is being developed; - Walmart Final Subdivision plans for approx. 34 acres have been approved including a rezoning of approx. 6 acres to B-3 (this portion was approved as R-2 by the original annexation/PUD agreement). The current request includes a land-use/PUD plan for the remaining 127+/- acres of Yorkville Crossing remaining undeveloped. Staff requested this amendment in order to bring the Annexation/PUD Agreement current with the changes that have occurred since 2000. The Plan Commission conducted a public hearing May 9, 2007 and recommended approval of the PUD amendment. City Council conducted a public hearing May 22, 2007. Staff Comments: Changes from the 2000 PUD Plan proposed for the remaining 257 acres include: 2000 PUD Proposed PUD 1 . Commercial area 800' depth Commercial area 1200' depth 2. Regional Detention 64 acres Regional Detention 25 acres 3. 79 Single Family Lots 78 Single Family Lots and 70 Townhome units 1 Staff recommends approval of the amended PUD plan based on the following: The detention area is sufficient to handle the volume of stormwater estimated to flow from the remaining areas of the plan tributary to the basin; The increase in commercial area is appropriate to accommodate a typical `big-box' retailer along with outlets fronting Route 34; The proposed plan includes `open space/drainage corridors' that will allow for filtration/cleansing of stormwater as it enters the infiltration basin; Crimson Lane alignment is shifted north to align with the approved location at Countryside Parkway and in the Autumn Creek subdivision. Staff recommends the following modifications to the proposed PUD Agreement and Plan amendment prior to approval: - Change the townhome use to office use in the area north of Crimson Lane and south of the stormwater basin. The office use will provide a more appropriate `transitional' land use between the commercial area and the single family lots proposed north of the stormwater basin. Exhibit `K' and section 1 -E of the Agreement should be modified to reflect this change; - Revise Section 9 to include the commercial properties within the dormant Special Service Area to maintain the stormwater basin and any common area, fund the design, easement acquisition, permit fees, and construction of the outfall as contemplated in this Agreement in the event the Owner/Developer fails to do so. - Create additional exhibit for the Crimson Stormwater Management Basin to include the approved final engineering plan set for the basin and modify Exhibit `K' accordingly to accurately depict the basin design with the surrounding proposed land uses; 2 clk United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 tin Telephone: 630-553-4350 Fax: 630-553-7575 LE 1 P PC # APPLICATION & PETITION TO AMEND ANNEXATION or PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT Development Name: Yorkville Crossings Date of Submission: April 2, 2007 1 . Name of Petitioner(s): Donald Hammnan and Carol Hammon Address: 133SIR Faxon Road, Plano, Illinois 60543 Phone Number. 630- 554 -9101 Fax Number. 630-552-7362 Email Address: c/o .john Duggan : dugganjpdeaol . com Relationship of Petitioner(s) to subject property: [Owner 0 Developer 0 Contract Purchaser 2. Name of holder of legal tide, if different from #1 : same If legal title is held in a land Trust, list the names of all holders of any beneficial interest therein: . S�@et dRss and 9PX8t'? Io%k0e Qf SU�j�1 70 acre vacant part of Hamman PUD es ibe m r nonce eas er y o o address 8823 b). Legal description of property; attach as Exhibit W. c). Total Acreage: 127 . 56 Acres d). Kendall County Parcel Number(s) of property: part of 02-27-101-001 e). Current Zoning Classification: PUD• f). Zoning Classification Requested if changing zoning: a-3 for 70 acres south of crimson Drive and PM 8 . R-2 One Family Resident District of t e zoning ordinance an D. R-3 General Residence District of the Zoning Ordinance for the 57 . 56 acre Residential 4. Names and addresses of any adjoining or contiguous landowners entitled to notice of petition Component under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit "Be.) Page 1 of 4 Unied City of Yorkville AmeadAnnormiordPUDAppNation RaiW: 11/290 5. Date of Annexation or PUD Agreement sought to be amended: July 13 , 2000 Name of Agreement: planned Unit Development and Annexation Agreement of Donald J Hartman and Date Of Recording: September 15 , 2000 Carol S . Hamman (Ordinance No 2000-34 ) Attach a true and correct copy of agreement as Exhibit °C°. S. State the items to be amended from the existing annexation or PUD agreement. change zoning of area south of Crimson Lane to a-3 ; change concept Plan and uses for Residential Component to PUD R-2 and R-3 ; provide for dormant SSA; require amps in development . 7. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney: Name: John Duggan Address: 181 S Lincolnway, North Aurora, Illinois 60542 Phone Number. 630-264 -7893 Fax Number. 630-877-300-7451 EmallAddress: dugganlpdeaol .com Engineer. Name: Paul Sortie, Atwell- Hicks Address: 1245 6 Diehl Rd, Suite 100 Naperville, I1 60563 Phone Number. 630-577-0800 Fax Number. 630- 577-0900 Email Address: pbertieeatwell-hicks . com Land Planner. Name: mike Schoppe Address: 126 S . Main Street, Oswego, I1 60543 Phone Number. 630-551-3355 Fax Number. 630-551-3639 EmallAddress: mikeoechoppedesign.net 8. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application 'Petitioner Route, Step 1 , Fees and/or contact the Deputy Clerk for verification of this amount). c. Site Plan (if necessary): 40 sets folded to fit in a 10° x 13° envelope d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits) and site plan. Page 2 of United City of Yorkville Amendiu retedonlPUD Application Revised: 11128M In witness whereof the following petilloner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Oates April 2 , 2007 Petitioner(s) Signatu4 (All Is al property ou�wlers.ot.Tewrd signatures must appear on this application,} ,ronal�,� d� J Ha•�('} J Subscribed and sworn to before me this 2nd day of April . 200 7 Notary Seal THIS APPLJCATJON MUST BE NOTARIZED. OFFICIAL S E AL JOHN P. DUGGAN ROTARY PUBLIC, STATe OF ILtj MY COMMISSION ptpIRES 2.13.2009 Page 3 of United City of Yorkville AnunlAnowtionlPUD Application Revisal: 11/28M AMENDMENTTO ANNEXATION OR PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT PETITIONER ROUTE Step 1 : Petitioner must submit a completed application, fees' and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County; Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Arty Corps of Engineers, etc., to allow timely review by Ctty. 'Fees: 1 . a. Annexation/PUD Amendment - $500 b. Deposit for Outside Consultants - under 2 acres = $1 ,000 2 to 10 aces = $2,500 over 10 acres = $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You mustpresent your plan at each of the meetings below as indicated. Step 2: City Council: The City Council meets the fourth Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hail. A Public Hearing will be held at this time for the Amendment to Annexation/PUD Agreement_ For a public hearing, the petitioner shall complete and submit to the Clerk's office an application with a legal description 45 days prior to the public hearing at the Plan Commission meeting. Notice will be given by publication by the United City of Yorkville in the Kendall County Record at least 15 days but no more than 30 days prior to the public hearing date. Before this amendment can move forward to Committee of the Whole, a °drain Amendment to Annexation or PUD Agreement must be written. Step 3: Committee of the Whole: The Committee of the Whole meets the third Tuesday of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings and for review of the draft amended agreement. Step 4: City Council for vote on the amended agreement. Any amendment to an annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records) to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 00500. G Signature of ' 'oner Page 4 of 4 United City of Yorkville AmendAnnentionIFUD Application Revised: lin8ft Exhibit A to Modification of Annexation Agreement : Legal Description of the Property subject to the modification, the Subject Property : That part of the following described property easterly of Prairie Point Subdivision and Yorkville Crossings Unit One . Exhibit "A" LEGAL DESCRIPTION That part of the Southeast Quarter of Section 21 , part of the Southwest Quart of Section 22, part of the Northwest Quarter of Section 27 and part of the Northeast Quarter of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at an existing iron pipe stake said to be over the original location of a stone in the center line of the Original Bristol and Oswego Road previously described as being 23,05 chains West and thence 35 ° 30' West, 11 .02 chains from the Southeast corner of said Section 22; thence Northerly along a line forming an angle of 93 °23'07" with the center line of U.S. Route No. 34, measured from the Northeast to the Northwest, this line hereinafter referred to as line "A", 30.05 feet to the Northerly light-of-way line of said Route 34; thence Northwesterly along line "A" aforesaid 798.60 feet; thence Southwesterly, parallel with said center line, 332.0 feet for a point of beginning- thence Northeasterly along the last described course, 332.0 feet to said line "A" thence Northwesterly along said line "A", 1 ,225.95 feet to a point measured along said line "A", 2,054.60 feet Northwesterly of said center line; thence Southwesterly along a tine forming an angle of 87 °07'00" with the last described course, measured clockwise therefrom, 825.40 feet; thence Northwesterly along a line which forms an angle of 260°46100° with the last described course, measured clockwise therefrom, 508.20 feet; thence Southwesterly along a line forming an angle of 91 °07'35" with the last described course, measured clockwise therefrom, 3,36933 feet; thence Northwesterly along a line forming an angle of 130°01 '22" with the last described course, measured counter-clockwise therefrom, 56.76 feet; thence Southerly along a line forming an angle of 90°21 '26" with the last described course, measured clockwise therefrom, 1 ,362.93 to the Northwest corner of it tract conveyed to Vijay K. and Promila Marawaha by a Warranty Doed recorded June 17, 1994 as Document 9406488; thence Easterly along the North line of said tract at right angles to the last described course, 349.64 feet; thence Southerly along the East line of said tract 731 .78 feet to the Northerly right-of-way of said Route 34; thence Easterly along said Northerly right-of-way line, 162.55 feet; thence Easterly along said Northerly right-of-way line being along a tangential curve to the left having a radius of 1 ,402.39 feet, an are distance of 976.52 feet; thence Northeasterly along said Northerly right-of-way line being tangent to the last described curve at the last described point, 4,268.99 feet to a line drawn parallel with line "A ' Southeasterly from the point of beginning; thence Northwesterly along said parallel line, 798.60 feet to the point of beginning; together with that part of U.S. Route 34 lying Southerly of and adjacent to the property hereon described, in Bristol Township, Kendall County, Illinois and containing a total of 257.68 Acres of land, more or less. EXHIBIT "B" TO APPLICATION PETITION TO AMEND ANNEXATION OR PUD AGREEMENT OF DONALD J. HAMMAN AND CAROL S. HAMMAN CHART OF LAND OWNERS CONTIGUOUS AND ADJOINING ENTITLED TO NOTICE OF PETITION LOCATION OWNER ADDRESS West and Applicant, Donald J. Hamman and Donald and Carol Hamman South Carol S. Hamman 13351 B Faxon Road Plano, IL 60545 West John Smith, Jason Poppen, Robert c/o Jason Poppen Wegner, and Thomas Zanck 759 John St. Yorkville, IL 60560 North Menards, Inc. Menard, Inc. , Properties Division 4777 Menard Drive Eau Claire, WI 54703 North Prairie Meadows Subdivision AMG Homes 534 Blue Stem Drive Yorkville, IL 60560 East Autumn Creek Subdivision c/o Pulte Home Corporation 1901 N. Roselle Road, Suite 1000 Schaumburg, IL 60195 U6"W REEMENT f 11A Nk hcoi;d if, KENIRALL QQUNTY, ! LL- UiOre on 69= 15=2000 At 02 : 59 pm: ORDINANCE MOO STATE OF ILLINOIS } ss COUNTY OF KENDALL ) ORDINANCE NO, 2000 - _ AN ORDINANCE AUTHORIZING THE EXECUTION OF A PLANNED UNIT DEVELOPMENT AND ANNEXATION AGREEMENT OF DONALD J. HAMMAN and CAROL S. HAMMAN WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that acertain Planned Unit Development and Annexation Agreement pertaining to the annexation and development of the real estate described on Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Planned Unit Development and 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 heremider; and WHEREAS, the statutory procedures provided in 65ILCS 5111 - 15. 1-1, as amended, for the execution of said Annexation and Planned Unit Development Agreement has been fully complied with; and WHEREAS, the property is contiguous to the City. - 1 - CURRENT 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 : That the Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the City, a Planned Unit Development and Annexation Agreement concerning the annexation and development of the real estate described therein, a copy of which Planned Unit Development and Annexation Agreement is attached hereto and made a part hereof. Section 2: That this Ordinance shall be in frill force and effect from and after its passage and approval as provided by law. BURTON CALLMER �L DAVE DOCKSTADER RICHARD STICKA L t MIKE ANDE&9 ?N VALERIE BURD ROSE SPEARS LARRY KOT THOMAS SOWINSKI APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this I day of A.D. 20�1 . MAYOR - 2 - CURRENT AGREEMENT PASSED by the City Council of the United City ofYorkvilte, Kendall 031111ty, 11(in0iS this l 3 day of A.D. 20tiL. Attest: d°� p 1° CITY CLERK Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 - 3 - CURRENT AGREEMENT Exhibit "A" LEGAL DESCRIPTION That part of the Southeast Quarter of Section 21 , part of the Southwest Quart of Section 22, part of the NortInvest Quarter of Section 27 and part of the Northeast Quarter of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: cotmnencing at an existing iron pipe stake said to be over the original location of a stone in the center line of the Original Bristol and Oswego Road previously described as being 23,05 chains West and thence 35 °30' West, 11 .02 chains from the Southeast corner of said Section 22; thence Northerly along a line forming an angle of 93 '23'07" with the center line of U.S. Route No. 34, measured from the Northeast to the Northwest, this line hereinafter referred to as line "A", 30.05 feet to the Northerly right-of-way line of said Route 34; thence Northwesterly along line "A" aforesaid 7980 feet; thence Southwesterly, parallel with said center line, 332.0 feet for a point of beginning; thence Northeasterly along the last described course, 332.0 feet to said line "A ' thence Northwesterly along said line "A", 1 ,225.95 feet to a point measured along said line "A", 2,054.60 feet Northwesterly of said center line; thence Southwesterly along a line forming an angle of 87 '07'00" with the last described course, treasured clockwise therefrom, 825.40 feet; thence Northwesterly along a line which forms an angle of 260°46'00" with the last described course, measured clockwise therefrom, 508.20 feet; thence Southwesterly along a line forming an angle of 91 °07'35" with the last described course, measured clockwise therefrom, 3,369.33 feet; thence Northwesterly along a line forming an angle of 130°01'22" with the last described course, measured counter-clockwise therefrom, 56.76 feet; thence Southerly along a line forming an angle of 90°21 '26" with the last described course, measured clockwise therefrom, 1 ,362.93 to the Northwest corner of a tract conveyed to Vijay K. and Promila Marawaha by a Warranty Deed recorded June 17, 1994 as Document 9406488; thence Easterly along the North line of said tract at right angles to the last described course; 349.64 feet; thence Southerly along the East line of said tract 731 .78 feet to the Northerly right-of-way of said Route 34; thence Easterly along said Northerly right-of-way line, 162.55 feet; thence Easterly along said Northerly right-of-way line being along a tangential curve to the left having a radius of 1 ,402.39 feet, an arc distance of 976.52 feet; thence Northeasterly along said Northerly right-of-way line being tangent to the last described curve at the last described point, 4,268.99 feet to a line drawn parallel with line "A" Southeasterly from the point of beginning; thence Northwesterly along said parallel line, 798.60 feet to the point of beginning; together with that part of U.S. Route 34 lying Southerly of and adjacent to the property hereon described, in Bristol Township, Kendall County, Illinois and containing a total of 257.68 Acres of land, more or less. CURRENT AGREEMENT WffEREAS, the OWNERS/D VELOPERS of the property described in Exhibit "A" have requested the CITY to annex the said real property into the CITY; and its Plan Commission has considered the Petition; and the Plan Commission has heretofore approved the proposed land uses and the zoning of the same at the request of the OWNERS/DEVELOPERS and the CITY; and WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and conditions upon which the real property heretofore described in Exhibit "A" will be annexed to the CITY in an orderly mariner; and fu than to provide how the real property described in Exhibit "A" will be developed within the CITY in an orderly manner; and WHEREAS, the OWNERS/DEVELOPERS and their representatives have discussed the proposed Annexation of Exhibit "A" and the development of all the "subject property" and have had public meetings with the City Council; and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, Linder the terms and authority provided in 65 ILCS 5/11-15 through 65 ILLS 5/11 -15. 1-5, as amended, as follows: 1 . ANNEXATION AND ZONING: A, The CITY shall adopt an ordinance, annexing to the CITY all of the real property described in the attached Exhibit "A" and the CITY in said ordinance shall zone the real property described on Exhibit "C', subject to the further terms of this Agreement as B-3 Service Business District as designated in the attached Annexation Plat incorporated herein as Exhibit "B„ Said zoning shall allow the uses, size, density, areas, coverage, and maximum building heights as set forth on Exhibit "D", B-3 Service Business District, and said real property shall be used and developed in accordance 65 ILCS 5/11 -15-1 through 65 ILCS 5/11 -15.1-5, and in accordance with the City Subdivision Control and Zoning Ordinances. B. The CITY shall adopt an ordinance annexing to the CITY all of the real property described in the attached Exhibit "A" and the CITY in said ordinance shall zone the real property described in Exhibit "E", subject to the fiirther terms of this Agreement as R-2 Single Family Residential District as designated in the attached Annexation Plat incorporated herein as Exhibit "B„ 2 CURRENT AGREEMENT Said zoning shall allow the uses, size, density, areas, coverage, and maximum building heights as set forth on Exhibit "F", R-2 Single Family Residential District, and said real property shall be used and developed in accordance 65 ILCS 5/11-15-1 through 65 ILCS 5111-15. 1-5, and in accordance with the City Subdivision Control and Zoning Ordinances. 2. The CITY agrees that in consideration of OWNERS/DEVELOPERS voluntarily annexing the real property described in the attached Exhibit "A ' to the CITY, and developing the real property described in the attached Exhibits "C" and "E", the CITY and OWNERS/DEVELOPERS will each undertake the following duties, covenants, and obligations: A. i. OWNERS/DEVELOPERS agree to enter into a written agreement with Menard, Inc. and the CITY which shall provide that upon approval and execution of this Planned Unit Development and Annexation Agreement by the CITY, OWNERS/DEVELOPERS shall immediately dedicate for right-of-way purposes as depicted on the Plat ofDedication ofRight-of-Way incorporated herein as Exhibit "G", right-of-way for extension of Countryside Parkway to the East and the extension of McHugh Road to the South to its intersection with Illinois Route 34, all as depicted in the attached Exhibit "G". ii. Said dedication shall be to the CITY and shall be at no cost to the CITY. iii. The portion of Countryside Parkway on the subject property shall be designed and constructed to accommodate heavy truck traffic not exceeding 80,000 pounds to conform with Class II Road Standards under the Illinois Motor Vehicle Code, including the large tractor trailers that bring Menard Inc. 's deliveries, aggregate trucks, and heavy construction vehicles. Countryside Parkway may be used by aggregate vehicles to or from the subject property during the period that dredging and construction of the regional detention pond is permitted. iv. In the event OWNERS/DEVELOPERS do not install the street that is shown in the attached Exhibit `I" which runs parallel with Illinois State Route 34 and further acts as the separation or buffer between areas zoned B-3 Service Business District and R-2 One Family Residence District, by the time a need exists for the CITY to extend sanitary sewer or watennain to the East of the subject property, 3 CURRENT AGREEMENT OWNERS/DEVELOPERS agree to dedicate to the CITY at no cost, an easement of sufficient width to install a sanitary sewer line and watermain adjacent to the proposed street dedication to serve the real propmlyto the Bast. OWNERSTEVELOPERSHeill not be required to pay any cost of said extension and the CITY will hold them harmless from any liability during said improvements. B. The Agreement between Menard, Inc. and OWNERS/DEVELOPERS shall specifically grant authority by OWNERS/DEVELOPERS: i. Enter upon said dedicated right-of-way to construct at Menard, Inc. expense the subject roadways and to obtain temporary construction easements in addition to the roadways, if necessary. ii. Authorize and permit the extension of all CITY, Yorkville-Bristol Sanitary District, and public utilities including, but not limited to telephone, electric and gas through said area. iii. Consent to the rebate of sales tax revenue by Mcnard, Inc. under its Development and Annexation Agreement with the CITY, as to sales tax revenues generated on the areas zoned B-3 Service Business District in this Agreement, in order for Menard, Inc. to recover the cost of road and related improvements over the areas of OWNERS/DEVELOPERS real property described in Exhibit "G". iv. To provide for the creation of a perpetual easement upon cost, terms and conditions to be agreed upon between Menard, Inc. and OWNERS/DEVELOPERS for the right to discharge stonnwater drainage into a regional detention facility to be constructed upon the real property of OWNERS/DEVELOPERS for all of the real property which is being purchased by Menard, Inc. and which is described in the attached Exhibit "H". V. That the cost of acquiring any overland or piped overflow discharge route shall be determined as to allocation between Menard, Inc. and OWNERS/DEVELOPERS. vi. That in the event the alignment of McHugh Road and State Route 34 vary due to any requirements of the Illinois Department of Transportation Menard, Inc. and OWNERS/DEVELOPERS shall modify by Plat of Dedication of Right-of-Way required to be dedicated in order to provide a signalized intersection for the benefit of all parties hereto. 4 CURRENT AGREEMENT vii. That all of the terms of said Joint Agreement between Menard, Inc. and OWNERS/DEVELOPERS shall be enforceable by the CITY as a third-party beneficiary of said Agreement. viii. The CITY agrees that in consideration of suns advanced by OWNERS/DEVELOPERS of the main arterial road between the commercial and residential sect m of the developanelit from countryside Parkway to the northeasterly boundary of the property, and the road southerly from that road at the northerly location to Route 34, and the constnuction of that northerly intersection at Route 34 per the State of Illinois Department of Transportation requirements, and the construction ofthe storm water discharge sewer from the regional detention facility to the Fox River, the CITY will reimburse the OWNERS/DEVELOPERS, without interest, one-half (Y2) of the CITY's share of the Illinois Retailers Occupation Tax ("Sales Tax") receipts as received by the CITY from any and all commercial or business "subject property", provided that Menard, Inc. shall be first reimbursed from said fund the cost of construction of Countryside parkway and McHugh Street and the Intersections for game at Route 34 that Menard, Ine. advanced for the pottioiis of Countryside Parkway and McHugh that is located on the "subject property". The 50% sales tax rebate will continue until all funds advanced by the OWNERS/DEVELOPERS for the improvements listed herein are repaid. This reimbursement shall be reduced by any recapture fees paid by the owners of land southerly of Route 34 that are permitted to use the storm water discharge sewer from the regional detention facility to the Fox River. In the event any such recapture fees are paid after full reimbursement to OWNERS/DEVELOPERS by the Sales Tax Fund, such recapture fees shall be retained by the CITY. ix. The CITY shall endeavor to require dedication of storm sewer easements necessary for the utilization of the regional detention facility by owners within the tributary area of the regional detention facility, and it will permit storm sewers to be constructed for this purpose within CITY rights of way, subject to such engineering requirements of the right of way as the city Engineer determines is necessary. X. The OWNERS/DEVELOPERS may sell easements to use the regional detention facility on such terms and conditions as they determine, and the OWNERS/DEVELOPERS may adopt such 5 CURRENT AGREEMENT requirements and provisions as are, in their judgment, necessary to prevent contamination or pollution of the regional detention facility not inconsistent with City Ordinances or State or Federal Regulations. xi . That CITY grants authority to OWNERS/DEVELOPERS to place an off-site advertising sign not exceeding 310 square feet on OWNERS/DEVELOPERS subject real property adjacent to route 34 in conjunction with MENARD, INC; including three (3) identification signs in conformance with Exhibit "I" attached hereto and incorporated herein by reference. C. The CITY shall permit OWNERS/DEVELOPERS to locate a temporary concrete batch plant on their property for a period not exceeding three (3) years from commencement of constriction of the main project (which is being defined as the actual Menard, Inc, 'sretail building and the Countryside Parkway extending from Route 47 East through Menard Inc.' s real property and South-East through the subject real property if the same is a concrete roadway. The use of the concrete temporary batch plant to be limited to the Menard, Inc. parcel and the Hamman parcel each as described herein. 3. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE: Except as herein modified or varied, the OWNERSTEVELOPERS shall comply, in all respects, with all of the provisions of the Ordinances of the CITY in the development of the subject real property herein described except as varied by tuns Agreement. In eomrection with the development of the entire real parcel being annexed, the CITY and OWNERS/DEVELOPERS agree as follows: A. The development of the entirereal property which is Currently being annexed as described in Exhibits "A", "B", and "E" can be done in phases or units. B. If at the time of development, the existing CITY dedications, easements and right-of-ways are not adequate to facilitate sewer, water or other utility extensions, the CITY agrees to exercise its power of eminent domain, if necessary, to acquire such easements and right-of-ways, including easements from the then present terminus of the existing municipal sanitary sewer and water lines to the boundary line of the subject property being developed, and the cost and expense incurred by the CITY shall be paid by the OWNERS/DEVELOPERS and added to the recapture amounts described in this Annexation Agreement and prorated among the parties specified herein. C. Stormwater detention facilities can be constructed in stages with capacity for Stormwater detention facilities based upon the need of each phase or unit as developed taking into account the detention capacity that is required on 6 CURRENT AGREEMENT OWNERS'lDEVELOPERS' real property to serve the Menard, Inc. parcel (Exhibit "H"). It is acknowledged by the CITY and , OWNERS/DEVELOPERS that it is the intent of the parties hereto that the detention requirements for the entire Menard, Inc. parcel will be met by OWNERS/DEVELOPERS providing all Stormwater detention to be constructed on their real property. OWNERSIDEVELOPERS shall require in the lease or license to the batch plant operator that all sales from the temporary concrete batch plant shall be invoiced from the subject property and that all sales tax be reported as received at the subject property. D. Except as otherwise provided in this Agreement, no change, modification or enactment of any ordinance, code or regulation shall be applied during the term of this Agreement so as to affect the zoning classification of the subject property, the Bulk Regulations, including, but not limited to setback, yard, height, FAR and frontage requirements, contribution ordinances and the uses permitted thereunder by the Zoning Ordinance of the CITY in effect as of the date of this Agreement, except to the extent BOCA Building Codes, Fire Codes and like Ordinances which are non-monetary in nature are from time to time amended affecting in a uniform and non-discriminatory manner all subdivisions within the CITY, which are not Final Platted, or for which building permits have not been issued. Except as modified by the terms and provisions of this Agreement, the OWNERS/DEVELOPERS shall comply in all respects with the conditions and requirements of all Ordinances of the CITY applicable against property similarly situated and zoned within the CITY as such ordinances may exist from time to time subsequent to annexation to the CITY, provided, however, notwithstanding any other provision of this Agreement, if there are changes to said Ordinances, regulations, or codes which are less restrictive in their application to similarly situated and zoned lands, then the OWNERS/DEVELOPERS, at their election, shall be entitled to like treatment with respect to the subj ect property being annexed herein. E. It is understood and agreed that all subsequent amendments of this Agreement, Plats of Subdivision, or any development ofthe subject property may be obtained for all or any portion of the subject property without affecting the rights, duties or obligations of the parties hereunder or their assigns as to the balance of the subject property not included in the afore described actions. 7 CURRENT AGREEMENT F. i. It is agreed that other than the existing Ordinances dealing with land cash donations for the schools and parks; and fees for building permits, occupancy permits and tap-on fees, transition fees to the CITY and Yorkville School District, and review fees in the event any portion of the "subject property' is developed for residential purposes, that no additional fees or donations will be required by the CITY from OWNERS/DEVELOPERS, except as maybe charged on a non-discriminatory basis to all residents of the CITY. ii. OWNERS/DEVELOPERS agree on their own behalf and that of any future OWNERS/DEVELOPERS to voluntarily pay school transition fees as are in effect with the CITY at the time of execution of this Agreement, as to the portion of the real property that is developed for any residential purpose. iii. OWNERS/DEVELOPERS agree, as part of their land/cash obligation for park development, to configure and dedicate a beach front park of no less than five (5) acres at a mutually agreeable location on the East end of the proposed excavated area as depicted in the concept Regional Stormwater Detention Area attached hereto and incorporated herein as Exhibit "I". It is contemplated this park will have beach frontage of seven hundred thirty-two (732) feet. The donation will be measured from the average water level of the pond. OWNERS/DEVELOPERS will, at the CITY's direction, rough grade a beach shelf with a reasonable recreational slope to a five (5') foot depth. It is contemplated that this park donation will be located at the easterly boundary of the property so the CITY may join it with other park donations or acquisitions from adjoining property assembled by it in the future. iv. OWNERS/DEVELOPERS further agree to dedicate to the CITY a 66' x 150' parcel from the easterly proposed roadway to the lake at approximately the midpoint of the lake, the subject property being (the unnamed road contemplated easterly of Countryside Parkway) northerly of the interior arterial street separating the commercial area from the residential area, for all public purposes to the edge of the pond shall be dedicated by OWNERS/DEVELOPERS to the CITY as part of the Final Plat for the residential area. It is contemplated that this right-of-way shall be for uses to include, but not limited to, emergency ingress/egress, location of the storm sewer outlet, public 8 CURRENT AGREEMENT utilities, and any other proper governmental or Home Owners Association us-c the parties may designate. V. OWNERS/DEVELOPERS agree to dedicate to the CITY for park purposes, the approximate one hundred thirty (130') foot strip adjacent to the northerly roadway being constructed by OWNERS/DEVELOPERS and the end proposed residential lot at the North-West edge of the area being developed for detention purposes, at the time the roadway is installed by OWNERS/DEVELOPERS; and running parallel with the westerly line of the West commercial parcel as set out in Exhibit "I". vi. The dedication for park purposes to the CITY shall conform to the following standards: 1 . Develop and construct the beach area on the five acre parcel and on the 66' x 150' lot. 2. For a distance of 150' back from the normal water edge and going into the lake for a distance of 150' the grade shall be no greater than 10: 1 with a minimum thickness of 12" of sand. 3. The remainder of all CITY sites shall be landscaped with a minimum of 6" of topsoil, graded, and seeded. G. The CITY agrees to cooperate with the OWNERS/DEVELOPERS, in the procurement and execution of all necessary applications for permits to the Environmental Protection Agency (EPA), Army Corps of Engineers (Corps) and/or the Illinois Department of Transportation for road access in the construction and use of sanitary sewer, storm setiver mains including but not limited to any off-site stormwater discharge route to the Fox River, and water mains described herein as well as the construction of roadways and the Stormwater detention areas located within wetlands, if any, on the subject property. H. OWNERS/DEVELOPERS and CITY agree that the area to be used for a "Regional Stormwater Detention Area" shall be located within an area described in the attached Exhibit "I" which is attached hereto and incorporated herein by reference. Said Regional Stormwater Detention Area shall be subject to the following terms and conditions: 9 CURRENT AGREEMENT i. The area shall consist of a maximum of 90 acres, with the minimum acreage configuration and storage capacity based upon a land planning and engineering study to be submitted by OWNERS/DEVELOPERS and Menard, Inc. subject to approval by the CITY. OWNERS/DEVELOPERS shall further maintain a 185' setback from all adjoining property boundaries. ii. The area used for the Regional Stormwater Detention Area shall be excluded from Land-Cash Contributions and School Transition Fee Contributions for purposes of calculating those contributions of any area of the Regional Stormwater Detention Area located within a residentially zoned portion of this Agreement. iii. That during the construction of said Regional Stormwater Detention Area, OWNERS/DEVELOPERS shall be allowed to extract and process black dirt, clay, sand, or gravel and sell the same off-premises without being in violation of any Ordinance or Regulation of the CITY, so long as OWNERS/DEVELOPERS comply with any applicable law, rules and regulations provided under the Illinois Surface Mine Act, Illinois Environmental Protection Agency, and any otherState or Federal Agency from whom OWNERS/DEVELOPERS may be required to comply with as to operation, permit, or report to in regard to said excavation and extraction . OWNERS/DEVELOPERS shall have the right to construct a scale- house on-site which shall be served by individual well and septic unless CITY sewer and water is within 250'. Said scale-house may be included in a storage building not exceeding 8,100 square feet to house office and equipment storage until the detention facility is completed within one hundred eighty (180) days of the completion of the detention facility the scale-house and building shall be removed unless the CITY approves retention of the public building for governmental purposes, in which case the parties would negotiate an agreement to transfer the same. iv. That the right to remove materials for the construction of said Regional Stormwater Detention Area shall be in conformance with an Engineering Plan approved by the City Engineer for the CITY as to the volume of stormwater detention and storage, methods of constructing and final configuration of landscaping plan. The removal of said material shall not be permitted in any area zoned B-3 Service Business District; and a maximum slope of 3 : 1 shall be maintained from all commercial property lines. 10 CURRENT AGREEMENT V. That the length of time of extraction and off-premises sale shall not exceed twenty (20) years from the date of execution of this Agreement. I. i. The parties hereto agree that the subject property may continue to be used for existing agricultural uses until the subject real property is developed. In addition thereto, all such agricultural uses thereof shall be considered legal, non-conforming uses. ii. The CITY agrees that, after a Final Plat of Subdivision is recorded and the applicable bonds or letters of credit are delivered to the CITY, the OWNERS/DEVELOPERS shall not be required to construct all on-site and off-site improvements prior to issuance of a building permit for buildings or improvements on any portion of said subdivided land, if consented to by the City Engineer which consent shall not be unreasonably withheld. Rather, the OWNERS/DEVELOPERS shall be allowed to construct the required off-site and on-site improvements simultaneously with the issuance of building permits for individual lots and/or buildings, but it is understood that building permits may not be issued unless OWNERS/DEVELOPERS have provided adequate road access (paved roads) to the lots for emergency vehicles and have provided sufficient water supplies for firefighting purposes. However, all off- site and on-site improvements (except final lift of bituminous asphalt surface on roads and landscaping), serving any said lot or building shall be installed by OWNERS/DEVELOPERS and approved by the CITY before an occupancy permit is issued for said lot or building and thebalance of the required on-site subdivision improvements not required to serve said lot or building may be constructed in phases, consistent with each recorded Final Plat of a phase or unit of said development, as the development on each unit progresses. iii. It is understood that the CITY will cooperate with the OWNERS/DEVELOPERS in the procurement and/or execution of the necessary permits from the appropriate government bodies to allow the construction of the street access from the subject property onto Illinois State Route 34 for the development of the "subject property". 11 CURRENT AGREEMENT iv. It is specifically understood . and agreed that the OWNERS/DEVELOPERS and their successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the subject property and the improvements thereon to other persons, trusts, partnerships, fines, or corporations for investment, building, financing, developing and all such purposes, and that said persons, trusts, partnerships, firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as the OWNERS/DEVELOPERS have under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by OWNERS/DEVELOPERS on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. V. It is understood and agreed by the parties hereto that time is of the essence of this Agreement, and that all of the parties will make every reasonable effort, including the calling of special meetings, to expedite the subject matter hereof, it is further understood and agreed by the parties that the successful consummation of this agreement requires their continued cooperation. vi. The Covenants and Agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its Corporate Authorities and their successors in office and is enforceable by order of the Court pursuant to its provisions and the applicable Statutes of the State of Illinois. vii. If any provision of this Agreement is declared invalid or illegal by a Court of competent jurisdiction, then said provision shall be excised herefrom and the remainder of the Agreement shall not be affected thereby. 4. The OWNERS/DEVELOPERS acknowledge that they must annex the real property described in Exhibit "A" when development is sought by them or any future OWNERS/DEVELOPERS to the Yorkville-Bristol Sanitary District, and further acknowledge that annexation to the CITY in no way guarantees sewer service to the entire parcel by the Sanitary District. 12 CURRENT AGREEMENT 5. BINDING EFFECT AND TERM: A. This Development and Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and owners of record of land which is the subject of this Agreement assignees, lessees, and upon any successor municipal authorities of said CITY; so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. B. CITY and OWNERS/DEVELOPERS agree that the terms and conditions of this Agreement are contingent upon OWNERS/DEVELOPERS, CITY and the Menard, Inc. entering into a Development and Annexation Agreement providing for the enforceability of the joint obligations effecting Parcel "A" ofOWNERS/DEVELOPERS and the real property ofMenard, Inc. described in Exhibit "H" of this Agreement. 6. NOTICES: Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the CITY: Mayor and City Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: Daniel J. Kramer, City Attorney 1107A S. Bridge St. Yorkville, IL 60560 If to the Owners/Developers: Donald J. Hamman and Carol S. Hamman 13351 B Faxon Rd. Plano, IL 60545 With a copy to: Attorney, John Duggan 407 W. Galena Blvd. Aurora, IL 60506 or to such other addresses as any party may from to time designate in a written notice to the other parties. 7. ENFORCEABILITY: This Agreement shall be enforceable in any Court of competent jurisdictions by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. 13 CURRENT AGREEMENT In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or Court Decisions, said enforceable portion of this agreement shall be exercised therefrom and the remaining portions thereof shall remain in full force and effect. 8. ENACTMENT OF ORDINANCES: The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. 14 CURRENT AGREEMENT IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this _ G3rday of J(1 2000. CITY: THE UNITED CITY OF YORKVILLE J By: MAYOR Attest: /t 10 (t S 9Cr4 h n �Y�a CITY CLERK OWNERS/DEVELOPERS: DONALD J. I- AN CAROL S. HAMiMAN Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 (630)553-9500 15 CURRENT AGREEMENT EXHIBIT LIST Exhibit "A" - Legal Description of the entire parcel Exhibit "W7 - Plat of Annexation Exhibit "C" Legal Description of B-3 Service Business District zoned area Exhibit "D" - B-3 Service Business District Ordinance Exhibit "E" Legal Description of R-2 Single Family Residential District zoned area Exhibit "F" - R-2 Single Family Residential District Ordinance Exhibit "G" - Right-of-Way Plat of Dedication Exhibit "H" - Legal Description of the Menard, Inc. Parcel Exhibit "I" - Regional Stormwater Detention Area Exhibit "J" Identification sign drawing 16 CURRENT AGREEMENT Exhibit "A" LEGAL DESCRIPTION That part of the Southeast Quarter of Section 21 , part of the Southwest Quart of Section 22, part of the Northwest Quarter of Section 27 and part of the Northeast Quarter of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at an existing iron pipe stake said to be over the original location of a stone in the center line of the Original Bristol and Oswego Road previously described as being 23.05 chains West and thence 35 °30' West, 11 .02 chains from the Southeast comer of said Section 22; thence Northerly along a line forming an angle of 93 '23'07" with the center line of U.S. Route No. 34, measured from the Northeast to the Northwest, this line hereinafter referred to as line "A", 30.05 feet to the Northerly right-of-way line of said Route 34; thence Northwesterly along line "A" aforesaid 798.60 feet; thence Southwesterly, parallel with said center line, 332.0 feet for a point of beginning; thence Northeasterly along the last described course, 332.0 feet to said line "A ' thence Northwesterly along said line "A", 1,225.95 feet to a point measured along said line "A", 2,054.60 feet Northwesterly of said center line; thence Southwesterly along a line forming an angle of 87 007'00" with the last described course, measured clockwise therefrom, 825.40 feet; thence Northwesterly along a line which forms an angle of 269°46'00" with the last described course, measured clockwise therefrom, 508.20 feet; thence Southwesterly along a line forming an angle of 91 '07'35" with the last described course, measured clockwise therefrom, 3,369.33 feet; thence Northwesterly along a line forming an angle of 130°01 '22" with the last described course, measured counter-clockwise therefrom, 56.76 feet; thence Southerly along a line forming an angle of 90°21'26" with the last described course, measured clockwise therefrom, 1,362.93 to the Northwest comer of a tract conveyed to Vijay K. and Promila Marawaha by a Warranty Deed recorded June 17, 1994 as Document 9406488; thence Easterly along the North line of said tract at right angles to the last described course, 349.64 feet; thence Southerly along the East line of said tract 731 .78 feet to the Northerly right-of-way of said Route 34; thence Easterly along said Northerly right-of-way line, 162.55 feet; thence Easterly along said Northerly right-of-way line being along a tangential curve to the left having a radius of 1 ,402.39 feet, an arc distance of 976.52 feet; thence Northeasterly along said Northerly right-of-way line being tangent to the last described curve at the last described point, 4,268.99 feet to a line drawn parallel with line "A" Southeasterly from the point of beginning; thence Northwesterly along said parallel line, 798.60 feet to the point of beginning; together with that part of U.S. Route 34 lying Southerly of and adjacent to the property hereon described, in Bristol Township, Kendall County, Illinois and containing a total of 257.68 Acres of land, more or less. CURRENT AGREEMENT Exhibit "C" LEGAL (DESCRIPTION B-3 Zoned Area That part of the southeast Quarter of Section 21 , part of the Southwest Quarter of Section 22, part of the Northwest Quarter of Section 27 and part of the Northeast Quarter of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at an existing iron pipe stake said to be over the original location of a stone in the center line of the Original Bristol and Oswego Road previously described as being 23.05 chains West and thence 35039 West, 11 .02 chains fro the Southeast comer of said Section 22; thence northerly along a line forming an angle of 93 °23'07" with the center line of U.S. Route 34, measured from the Northeast to the Northwest, this line hereinafter referred to as line "A", 30.05 feet to the northerly right-of-way line of said Route 34; thence northwesterly along said line "A", 798.60 feet; thence southwesterly, parallel with said center line, 332.0 feet; southeasterly along a line drawn parallel with said line "X' 27.25 feet for a point of beginning, being on a line which is 800 feet northwesterly from and parallel with the aforesaid Route 34; thence southwesterly along said parallel line 2419.08 feet; thence northwesterly 1361 .69 feet along a curve non-tangent to the left, having a radius of 2245.00, a delta angle of 34°45'09" and a chord distance of 1340.92 feet, the chord of which forms and angle of 123 '46'13" with the last described course, measured counter-clockwise therefrom; thence westerly along a line tangent to the last described curve, 444.92 feet; thence southwesterly along a line fonning an angle of 135 °46'21" with the last described course, measured clockwise therefrom 465.41 feet; thence northwesterly along a line forming an angle of 130°01'22" with the last described course, measured counter-clockwise therefrom, 56.76 feet; thence southerly along a line forming an angle of 90°21'26" with the last described course, measured clockwise therefrom, 1362.93 feet to the Northwest comer of a tract conveyed to Vijay K. and Promila Marawaha by a Warranty Deed recorded June 17, 1994 as Document 9406488; thence easterly along the North line of said tract at right angles to the last described course, 349.64 feet; thence southerly along the East line of said tract, 731 .78 feet to the northerly right-of-way of said Route 34; thence easterly along said northerly right-of-way line, 162.55 feet; thence easterly along said northerly right-of-way line being along a tangential curve to the left having a radius of 1402.39 feet, an are distance of 976.52 feet; thence northeasterly along said northerly right-of-way line being tangent to the last described curve at the last described point, 4268.99 feet to a line drawn parallel with said line "A", southeasterly from the point of beginning; thence northwesterly along said parallel line, 771 .35 feet to the point of beginning, in Bristol Township, Kendall County, Illinois, containing a total of 144.8 acres of land, more or less. CURRENT AGREEMENT 10-713-1 10-7D- 1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE D. B-3 SERVICE BUSINESS DISTRICT SECTION: 10-7D-1 : Permitted Uses 10-713-2: Special Uses 10-7D-3: Lot Area 10-713-4: Yard Areas 10-7D-5: Lot Coverage 10-713-6: Maximum Building Height 10-713-7: Off-Street Parking and Loading 10-7D-1 : PERMITTED USES: All uses permitted in the B-2 District. Agricultural implement sales and service. Appliance - service only. Boat sales. Building material sales. Business machine repair. Car wash without mechanical repair on the premises. Catering service. Drive-in restaurant. Electrical equipment sales. City of Yorkville CURRENT AGREEMENT 90-7D-1 1 DJD=9 Feed and grain sales. Frozen food locker. Furniture repair and refinishing. Golf driving range. Greenhouse. Kennel. Mini warehouse storage. Miniature golf. Nursery. Orchard. Park - commercial recreation. Plumbing supplies and fixture sales. Pump sales. Skating rink. Sports arena. Stadium. Taxicab garage. Tennis court - indoor. Trailer rental. Truck rental . Upholstery shop. Veterinary clinic. (Ord. 1973-56A, 3-28-74; amd . Ord. 1986-1 , 1 -9-86; Ord. 1988-71 414-88) City of Yorkville CURRENT AGREEMENT 10-7Q-2 10-7D-4 10-7D-2: SPECIAL USES: All special uses permitted in the B-2 District. Amusement park. Boat launching ramp. Boat rental and storage. (Ord. 1973-56A, 3-28-74) 10-7D-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986-1 , 1 .9-86) 10-7D-4 : YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard : A front yard of not less than fifty feet (50') . (Ord. 1973-56A, 3-28-74) B. Side Yards: 1 . A minimum side yard shall be required between buildings within the B-3 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-3 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings , except where a side yard adjoins a street, wherein a minimum yard of not less than thirty feet (30') shall be required. 2. The Zoning Board of Appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements in a B-3 District if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon. (Ord. 1986-1 , 1 -9-86; 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-74) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less thirty feet (30') shall be City of Yorkville CURRENT AGREEMENT 14.7U-4 10401.7 required. A transitional yard shall be maintained only when the adjoining residential district is zoned R- 1 or R-2 Single-Family Residential. (Ord. 1973-56A, 3-28-74; amd. Ord. 1987- 1 , 2- 12-87) 10-7D-5: LOT COVERAGE: No more than fifty percent (50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-74) 10-7D-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of twenty five feet (25') or two (2) stories. (Ord. 1973-56A, 3-28-74) 10-7D-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-74) City of Yorhuille CURRENT AGREEMENT Exhibit "E" LEGAL DESCRIPTION R-2 Zoned Area That part of the Southeast Quarter of Section 21, part of the Southwest Quarter of Section 22, part of the Northwest Quarter of Section 27 and part of the Northeast Quarter of Section 28, township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at an existing iron pipe stake said to be over the original location of a stone in the center line of the Original Bristol and Oswego Road previously described as being 23.05 chains West and thence 35 °30' West, 11 .02 chains from the Southeast comer of said Section 22; thence Northerly along a line forming an angle of 93 '23'07" with the center line of U.S. route 34, measured from the Northeast to the Northwest, this line hereinafter referred to as line "A ', 30.05 feet to the northerly right-of-way line of said Route 34; thence southwesterly, parallel with said center line, 332.0 feet for a point of beginning; thence northeasterly along the last described course, 332.0 feet to said line "A'; thence northwesterly along said line "A", 1225.95 feet to a point measured along said line "A", 2054.60 feet northwesterly of said center line; thence southwesterly along a line forming an angle of 87°07'00" with the last described course, measured clockwise therefrom, 825.40 feet; thence northwesterly along a line which forms an angle of 269°46'00" with the last described course, measured clockwise therefrom, 508.20 feet; thence southwesterly along a line forming an angle of 91 °07'35" with the last described course, measured clockwise therefrom, 2657.41 ; thence easterly along a line forming an angle of 44° 13'39" with the last described course, measured clockwise therefrom, 444.92 feet; thence southeasterly 1361 .69 feet along a curve tangent to the right, having a radius of 2245.00, a delta angle of 34°45'09" and a chord distance of 1340.92 feet to a line which is 800 feet northwesterly from and parallel with the aforesaid center line of Route 34; thence northeasterly along said parallel line, forming an angle of 123 '46'13" with the chord of the last described curve, measured clockwise therefrom, 2419.08 feet to a line drawn parallel with said line "A", southeasterly from the point of beginning, in Bristol Township, Kendall County, Illinois, containing a total of 105.3 acres of land, more or less. CURRENT AGREEMENT 10-613-1 10-613-3 CHAPTER 6 RESIDENTIAL DISTRICTS ARTICLE B. R-2 ONE-FAMILY RESIDENCE DISTRICT SECTION: 10-613-1 : Uses Permitted 10-613-2: Special Uses 10-613-3: Lot Area and Allowable Density 10-613-4: Yard Areas 10-613-5: Lot Coverage 10-66-6: Maximum Building Height 10-6B-1 : USES PERIMITTED: The following uses are permitted: Any permitted use in the R-1 One-Family Residence District. (Ord. 1973-56A, 3-28-74) 10-613-2: SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of Section 10-14-6 of this Title: Any use permitted as a special use in the R-1 One-Family Residence District, except that planned developments may be considered where the zoning lot proposed for development has a gross area of not less than ten (10) acres. (Ord. 1973-56A, 3-28-74) 10-613-3: LOT AREA AND ALLOWABLE DENSITY: A. Lots with private wells and/or private sewage treatment facilities: 1 . One acre with a width at the building line not less than one hundred twenty five feet (125'). Density shall not exceed one dwelling unit per each acre. (Ord. 1973-56A, 3-28-74; 1994 Code) City of Yorkville CURRENT AGREEMENT 10-6B-3 10-6B-4 2. This subsection shall apply within the one and one-half (02) mile planning limits of the City, only upon application and obtaining a special use from the City Plan Commission and approved by the City Council. The standards for approval of a special use permit shall be only upon: a. A showing by the petitioner that an undue hardship exists to establish a connection to the City water and/or sewer mains. b. That no sewer or water lines exist within two hundred fifty feet (250') of the proposed development of petitioner. c. That due to unique size, terrain or character of the petitioner's development, it is necessary to allow individual private wells and private sewage treatment facilities so as to facilitate the orderly growth of a particular development. d. That the City is unable to provide capacity in its water or sewer mains; or the petitioner is unable to secure sufficient capacity of the Yorkville-Bristol Sanitary District Plant for disposal of sewage. (Ord. 1988-2, 1 -28-88) B. Lots served by both public sewerage and water facilities shall have an area of not less than twelve thousand (12,000) square feet and a width at the building line of not less than eighty feet (80'), Density shall not exceed three and three-tenths (3.3) dwelling units per each acre. C. All nonresidential principal uses of buildings as permitted in this Article shall be located on a tract of land having an area of not less than two (2) acres, except Municipal projects and developments. D. Lot size for special uses shall not be less than two (2) acres. (Ord. 1973-56A, 3-28-74; 1994 Code) 10-6B-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than thirty feet (30'). B. Side Yards: A side yard on each side of the zoning lot of not less than ten feet (10'), or ten percent (10%), whichever is greater, City of Yorkville CURRENT AGREEMENT 10,13M 1 MR except where a side yard adjoins a street, the minimum width shall be increased to thirty feet (30') . C. Rear Yard: A rear yard of not less than forty feet (40'). (Ord . 1973-56A, 3-28-74) 10-66-5: LOT COVERAGE: Not more than twenty percent (20%) of the area of a zoning lot may be covered by buildings or structures, including accessory buildings. (Ord. 1973-56A, 3-28-74) 10-68-6: MAXIMUM BUILDING HEIGHT: Same regulations shall apply as permitted or required in the R- 1 One-Family Residence District. (Ord. 1978-56A, 3-28-74) City of Yorkville CURRENT AGREEMENT Smith Engineering Consultants, Inc . CivillStructural Engineers and Surveyors McHenry Yorkville Huntley Certificate of Correction State of Illinois } s.s. County of McHenry } This is to certify that the following omission occurred in the Plat of Dedication prepared under my direction of "Countryside Parkway and McHugh Road, Yorkville, Illinois" recorded July 19, 2000 as Document Number 009655, in Kendall County, Illinois, consisting of 2 sheets : Sheet 2 of 2, Surveyor's Certification, I" line of Legal Description; after "Southeast Quarter of Section 21 ," the reference to "part of the Southwest Quarter of Section 22, part of the Northwest Quarter of Section 27 and part of the Northeast Quarter of Section 28," was omitted, and is hereby corrected as indicated. Dated at McHenry, McHenry County, Illinois -24 , A.D., 2000 Donald G. Groesser, Illinois Professional Land Surveyor No. 3273 Opts" G. GGG'�� ( 7uLAND s RVEYOR • STATE OF A� IWNOIS tp? IF �elkyt a\ o xk b " � It t 4500 Prime Parkway, McHenry, IL 60050 www.smithenaineering.com Telephone 815-385- 1778 Fax 815-385- 1781 CURRENT AGREEMENT Exhibit "a' PLAT OF DEDICATION Hamman Parcel U.S. Route 34 and McHugh Road Yorkville, Illinois Plat of Dedication was recorded on July 19, 2000 with the Kendall County Recorder of Deeds as Document #0009655 (see F-F 7-89 for actual Plat of Dedication). CURRENT AGREEMENT Exhibit °H" Page 1 of 2 LEGAL DESCRIPTION "Iioldiman Parcel" That part of the East half of Section 20, part of the West half of Section 21 and part of the North half of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Beginning at the intersection of the present center line of Illinois State Route 47 with the center line extended Westerly of Kennedy Road; thence Easterly along said extended center line and said center line of Kennedy Road 878.41 feet; thence Southerly along a line which forms an angle of 72 degrees 32 minutes 08 seconds with the last described course, measured counterclockwise therefrom, 2,863.64 feet; thence Easterly along a line which forms an angle of 91 degrees 56 minutes 56 seconds with the last described course, measured clockwise therefrom, 997.26 feet; thence Southerly along a line which forms an angle of 90 degrees 21 minutes 54 seconds with the last described course, measured counterclockwise therefrom, 573.68 feet; thence Westerly along a line which forms an angle of 93 degrees 53 minutes 56 seconds with the last described course, measured counterclockwise therefrom, 1 ,042.49 feet to the Southeast comer of a tract of land conveyed to the Old Second National Bank of Aurora, as Trustee under the provisions of a Trust Agreement dated May 29, 1979, and known as Trust No. 3072, by a Warranty Deed in Trust recorded June 7, 1979, as Document 79-3006; thence Northerly along the East line of said tract 458.96 feet to the Northeast comer thereof; thence Westerly along the North line of said tract 584. 10 feet to said Route 47 center line; thence Northerly along said Route 47 center line 1 ,773.96 feet to the Northeast corner of Countryside Center, Unit No. 4, Yorkville, Kendall County, Illinois; thence Northwesterly along the North line of said Unit No. 4, 1 ,369.78 feet to an angle point therein; thence Westerly along the North line, the North line of Countryside Center, Unit No. 2, Yorkville, Kendall County, Illinois, and said North line extended, 1,390.06 to the Easterly line of a tract of land conveyed to Robert J. Mahoney by Quit Claim Deed recorded June 15, 1971 , as Document 71-2019; thence Northeasterly along said Easterly line 41 .95 feet to an angle pint therein; thence Northeasterly along said Easterly line 505.39 feet to the southerly line of a tract of land conveyed to Harold B. Spackman by a Warranty Deed recorded July 25, 1953, as Document 105980; thence Easterly along said Southerly line 1 ,222.09 feet to a Southeast comer of said Spackman tract; thence Northerly along an Easterly line of said Spackman tract 419.50 feet to a Southeast corner of said Spackman track; thence Easterly along a Southerly line of said Spackman tract 687.50 feet to said Route 47 center line; thence Southerly along said center line to the point of beginning, excepting therefrom that part of the Southwest Quarter of said Section 21 described as follows: Beginning at the intersection of the present center line of Illinois State Route No. 47 with the center line extended Westerly of Kennedy Road; thence Southerly along said Route 47 center line 275.0 feet; thence Westerly at right angles to said center line 685 .0 feet; thence Northerly parallel with said center line 770.66 feet; thence Easterly at right angles to the last described course 645.51 feet to said Route 47 center line; thence Southerly along said center line, being along a curve to the right having a radius of 1,998.90 feet, 397.98 feet; thence Southerly along said center line 100.31 feet to the point of beginning, in Bristol Township, Kendall County, Illinois; and further excepting that part of the Northwest Quarter of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Beginning at the Northwest comer of Hatcher Commercial Development, Yorkville, Kendall County, Illinois, being a point in the center line of Illinois State Route No. 47; thence North 06 degrees 11 minutes 23 seconds East along said center line 543.66 feet; thence Easterly at right angles to said center line, 631 .96 feet; thence Southerly along a line which forms an angle of 88 degrees 26 minutes 36 seconds with the last described course, measured counterclockwise therefrom, 557.68 feet to the North line of said Hatcher Commercial Development extended Easterly; thence Westerly along said extended North line and said North line, 597.47 feet to the point of beginning in the United City of the Village of Yorkville, Kendall County, Illinois and containing 7.765 acres. CURRENT AGREEMENT Page 2 of 2 "Conover Parcel" Commencing at the Northeast corner of Countryside Center Subdivision, Unit No. One, thence 06 " 1 123" East a distance of 2241 .20 feet to the intersection of the centerlines of Illinois Route 47 and Kennedy Road, thence North 82' 16'57" East along the centerline of Kermedy Road a distance of 869.30 feet to the Point of Beginning, thence South 09°44'49" West a distance of 2863.64 feet, thence South 78 ' 1 VI 5" East a distance of 997.26 feet, thence South 11 ' 19'51 " West a distance of 573.68 feet, thence South 82 °34'05" East a distance of 588.06 feet, thence North 12 ' 1 TI 0" East a distance of 1515.36 feet, thence North 78D 04' 16" West a distance of 990.35 feet, thence North 12 "08'16" East a distance of 2128.69 feet to the centerline of Kennedy Road, thence continuing North 12 '08' 16" East to the North right-of-way line of Kennedy Road, thence South 82 ' 16'57" West along the North right-of-way line of Kennedy Road to a point on a line extended North 09 '44'49" East from the Point of Beginning, thence South 09°44'49" West to the Point of Beginning, containing 75.708 acres. "Kirk Parcel" That part of the Southeast Quarter of Section 21, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at an existing iron pipe stake said to be over the original location of a stone in the center of original Bristol and Oswego Road previously described as being 23.05 chains West and North 35 °30' West 11 .02 chains from the Southeast corner of said Section 22; thence Northwesterly along a line forming an angle of 93 '23'07" with the center line of U.S. Route No. 34, measured from Northeast to Northwest, 2054.60 feet; thence Southwesterly along a line forming an angle of 87 °07'00" with the last described course, measured clockwise therefrom, 825.40 feet; thence Northwesterly along a line forming an angle of 269°46'00" with the last described course, measured clockwise therefrom, 508.20 feet; thence Southwesterly along a line, which line is hereinafter referred to as "Line A" and forms an angle of 91 °07'35" with the last described course, measured clockwise therefrom, 2657.62 feet; thence North along a line forming an angle of 53 '07'29" with the last described course measured counterclockwise therefrom, 2004.69 feet to a point in the center line of Kennedy Road for the point of beginming; thence South along the last described course 2004.69 feet to said Line A; thence Southwesterly along the extension of said Line A; 711 .71 feet; thence Northwesterly along a line forming an angle of 130 °01'22" with the last described course, measured counterclockwise therefrom, 1047. 11 feet; thence Northeasterly along a line forming an angle of 89 °47'39" with the last described course, measured counterclockwise therefrom, 2128.69 feet to a point in the center line of Kennedy Road which is a Northeast corner of a tract of land conveyed to ,blur G. Conover by a Warranty Deed dated October 27, 1972 and recorded November 2, 1972 as Document No. 72-5301 ; thence Easterly along said center line, 1106.04 feet to the point of beginning in Bristol 'Township, Kendall County, Illinois. Together with that part of Kennedy Road lying Northerly of and adjacent to the subject Property described as follows: Beginning at the Northwest comer of the subject property, being the Northeast corner of a tract of land per Warrantee deed 72-5301 recorded November 2, 1972; thence North 10 degrees 02 minutes 21 seconds East 26.57 feet to the North Line of said Kennedy road; thence along said North line North 80 degrees 16 minutes 09 seconds East, 1099.88 feet; thence South 03 degrees 16 minutes 56 seconds East, 25 . 16 feet to the Northeast comer of the subject property, being a point on the centerline of said Kennedy Road; thence along said centerline South 80 degrees 16 minutes 09 seconds East, 1106.04 feet to the point of beginning. All in Kendall County and containing a total of 69. 19 acres of land more or less. Feb 21 2003 10 : 05AM City of Yorkville 630 - 553 - 7575 P . 2 y CURRENT AGREEMENT GREEN BACK LIT a0%4XLLE CROSS] SHOPPING CENTER WLA IDENTIFICATION m ® M MENARDS = iD0 SO. FT, RETAILER RETAILER 8 SIGNS AT 30 SO. FT, EACH = 240 SQ FT. RETAILER t RETAILER RETAILER RETAILER HAMMAN TENNANT GRAY TEXTURED METAL CABINET HAMMAN TENNANT HAMMAN TENNANT WIDE RACKED , FINISH PRECAST CONCRETE PANELS W/ CONCRETE CAP PROPOSED SHOPPING CENTER IDENTIFICATION SIGN LOCATED AT COUNTRYSIDE . PARKWAY & HWY, 34 TOTAL SIGNAGE SQUARE FOOTAGE 340 SO, FT. SCALE, 3/16' .= V-0' u FEB-21-2003 10: 45 630 553 7575 94% P. m Feb 21 2003 10 : 05AM City of Yorkville 630 - 553 - 7575 P . 1 gE0 Clp,, r United City of Yorkville + . County Ssat of Kandall County - UT. - wS BCD Game Farm Poad 1 y Y0*018, lilinols 00600 Phana: 030-553-4360 °A 2 Fn: 630-553-7675 V oartaa °� 'a 11C?�J rae®a. "�` (including coverahaet) '8q P7 coonpsrrx MMM) y . Promr ��rT`` 11LAM�'�ir. ❑ Uhg®nt Cj For Reerlew O Please Comment . ❑ PI62 s0 1kQPIy 11:311 111 H you do not receive this transmission in its entirety, or have any problems with the receipt of . this transmission, Contact the sender. irttrnedlately. If you have received this farslmil¢ in error, please Hotly-us by telephone immediately. The contents of this facsimile transmission are confidential and are not intarded for distribution or publication without the senders prior . -written consent. ' ..:'. :.,., . . ,.. ,aY:✓:�n✓�w..m:?vR�.::.,;x:iniJ.,., a.[R. w...c.:»,:�.x �=.t.r,u.,:: . . FEB-21-2003 10: 44 630 553 7575 94Y P. 01 ! § | \ � | ~ $ ■ . r � � \ , \ | | ( ` ■ Ci = 831 § » ■ .�• | � � § � SI � ' � ® � $ ` ! CA § 7 PROPOSED AGREEMENT MODIFICATIONS STATE OF ILLINOIS ) SS COUNTY OF KENDALL ) ORDINANCE NO, AN ORDINANCE AUTHORIZNG THE EXECUTION OF A MODIFICATION TO THE PLANNED UNIT DEVELOPMENT AND ANNEXATION AGREEMENT OF DONALD J. HAMMAN AND CAROL S. HAMMAN, ORDINANCE 2000-34 WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that modifications and clarifications to a certain Planned Unit Development and Annexation Agreement pertaining to the annexation and development of the real estate described on Exhibit "A" attached hereto and made a part hereof be entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Modifications to Planned Unit Development and 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 5111-15. 1-1 , as amended, for the execution of said Modifications to Annexation Agreement and Planned Unit Development has been fully complied with; and WHEREAS, the property is annexed to the CITY. F:VIAMMAN YOR MLLE CROSSMGSVmnexnton AgeemntWODIHCATION TO ANNEXATION AGREEMENT 31MarcQ007.wpE PROPOSED AGREEMENT MODIFICATIONS NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AS FOLLOWS: Section 1 : That the Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the CITY, a Modification to Planned Unit Development and Annexation Agreement concerning the annexation and development of real estate described therein, a copy of which Modification to PUD and Annexation Agreement is attached hereto and made a part hereof. Section 2: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. [Alderpersons] APPROVED by me, as Mayor of the UNITED CITY OF YORKVILLE, Kendall County, Illinois this day of , 2007. MAYOR PASSED by the City Council of the UNITED CITY OF YORKVILLE, Kendall County, Illinois this day of , 20 Attest: CITY CLERK Prepared by and return to: John Wyeth Attorney for the City of Yorkville 800 Game Farm Road Yorkville, IL 60560 FRIAMMAN YOR VMLE CROSSMG�emtion AgemenIWODIFICATION TO ANNEXATION AGREEMENT 31MarcU007.mTd PROPOSED AGREEMENT MODIFICATIONS MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning YORKVILLE CROSSINGS WHEREAS, on July 13, 2000, the OWNERS/DEVELOPERS and the CITY entered a Planned Unit Development and Annexation Agreement pursuant to Ordinance No 2000-34 which was recorded with the Kendall County Recorder on September 15, 2000 as document 2000- 12564, (the Annexation Agreement) and of the property described in Exhibit "A" of the Agreement was annexed to the CITY; and WHEREAS, three parts of that property have been previously conveyed, including (1) the Kalant Parcel 4.24 acres at the north west corner of McHugh and Countryside Parkway, and (2) the United States Postal Service parcel, 6.2lacres at the north east corner of McHugh and Countryside Parkway, and (3) the Prairie Point Subdivision, 11 .66 acres north and east of the United States Postal Service Parcel and northerly of Crimson Drive hereinafter described as part of Yorkville Crossings Unit One (the Walmart project), and westerly of the Residential Component of the PUD hereinafter described, which parcels are not subject to this modification; and WHEREAS there is pending in another proceeding the rezoning of part of and the final plat and plan for Yorkville Crossings Unit One, the Walmart Project, which includes the dedication of and improvements for Crimson Lane to connect Countryside Parkway with Autumn Creek Subdivision, which proceeding is not subject to this modification; and WHEREAS the three parcels previously conveyed (the Kalant, USPS, and the Prairie Point parcels previously conveyed and the Yorkville Crossings Unit One for which there are pending approval process separate and apart from this proceding) are intended to be excluded from this modification and will hereinafter be collectively referred to as the "Excluded Parcels'; and WHEREAS development of the property has progressed and certain clarifications and modifications to that Annexation Agreement have been considered by the parties to said Annexation Agreement and the Plan Commission has considered the Proposed modifications; and the Plan Commission has heretofore approved the proposed modifications and clarifications to land uses and the zoning of the same at the request of the OWNERS/DEVELOPERS and the CITY; and WHEREAS, all parties to this Agreement are desirous of setting forth certain clarifications and modifications to the terms and conditions upon which the real property heretofore described in Exhibit "A" except for the Excluded Parcels to said Annexation Agreement was annexed to the CITY; and further to provide clarifications and modifications to F:VIAMMAN YOR ILLE CROSSMGSWr mtmnAg e=MWOOIFICATION TO ANNEXATION AGREEMENT 31M =U007.w d PROPOSED AGREEMENT MODIFICATIONS MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning YORKVILLE CROSSINGS 31March2007Draft Page 4 of 14 how the real property described in Exhibit "A" except for the Excluded Parcels will be developed within the CITY in an orderly manner; and WHEREAS, the OWNERS/DEVELOPERS and their representatives have discussed the proposed modifications to the Annexation Agreements for the development of all the "subject property" and have had public meeting with the City Council; and prior to the execution hereof, notice was duly published and a public hearing was held to consider this modification to the Agreement, as required by the statutes of the State of Illinois in such case made and provided; and, WHEREAS, except as modified herein, the Annexation Agreement aforesaid shall remain in full force and effect, NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in 65 ILLS 5111-15 through 65 ILLS 5/11- 15. 1 -5, as amended, as follows: 1 . ANNEXATION AND ZONING: A. The CITY has separately considered modifications to the WalMart Development, which is the subject of a final plat of Subdivision, referred to as Yorkville Crossings Unit One, which includes the dedication and improvement of Crimson Lane. None of the City Approvals for that Yorkville Crossings Unit One (the WalMart Development), including the zoning modifications, special uses, or the current, prospective or future engineering or building approvals are modified or affected by this Amendment. B. None of the Excluded Parcels are affected by or subject to the provisions of these modifications. C. The CITY ordinance annexing to the CITY the balance of the real property described in the attached Exhibit "A" except for the Excluded Parcels is hereby amended to zone all of the real property subject to this Modification as Planned Unit Development (hereinafter PUD) and the portion of that property described on Exhibit "C", shall allow all of the uses permitted in the B-3 Service Business District. That property shall include all of the property southerly of Crimson Lane and easterly of Yorkville Crossings Unit One (the Walmart Property), thereby extending the allowable uses of the B-3 Service Business District from its present F:WAMMAN YORK ILLS CROSSMGS mmlion Ag ementWODIF3CAMN TO ANNEXATION AGREEMENT 31MemM007.wpd PROPOSED AGREEMENT MODIFICATIONS MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning YORKVILLE CROSSINGS 31March2007Draft Page 5 of 14 delineation approximately 900 feet northerly of Route 34 to the southerly boundary of Crimson Lane. Said zoning shall allow the uses, size, density, areas, coverage, and maximum building heights as set forth on Exhibit "D" of the Annexation Agreement, B-3, Service Business District, and said real property shall be used as developed in accordance with 65 ILCS 5111- 15- 1 through 65 ILCS 5111-15 . 1 -5, and in accordance with the CITY Subdivision Control and Zoning Ordinances. D. The CITY shall modify said ordinance to provide that the portion of the PUD that constitutes the Residential Component, which is shown on Exhibit K and is north of Crimson Lane and easterly of Prairie Point Subdivision, herein described shall allow the land uses, size, density, areas, coverage, and maximum building heights as set forth in Article BR-2 One Family Resident District of the Zoning Ordinance and Article D.R-3 General Residence District of the Zoning Ordinance on Exhibit "F", and said real property shall be used and developed in accordance with 65 ILCS 5111- 15- 1 through 65 ILCS 5/11-15 . 1-5, and in accordance with the CITY Subdivision Control and Zoning Ordinances, provided, however that the residential lots adjacent to the Pond may have a lot size of 10,000 square feet. The Concept Plan for this residential portion of the PUD is attached as Exhibit K and shall herein be described as the Residential Component of the PUD, which shall also include the 24. 17 Acre Lake, the Infiltration Basin, and two Open Space/Drainage Corridors. E. The PUD is modified further to provide that the portion of the Residential Component shown on Exhibit K that is north of Crimson Lane and South of the Lake shall permit 70 Townhomes as shown on the Concept Plan; and that the portion of the Residential Component shown on Exhibit K that is north of Crimson Lane and north and east of the Lake shall permit 78 single family lots as shown on the Concept Plan. Said real property shall be used and developed in accordance with 65 ILLS 5111 - 15-1 through 65 ILCS 5/11-15. 1 -5, and in accordance with the CITY Subdivision Control and Zoning Ordinances. The hearing approving this Modification shall constitute approval of the Concept Plan for the Residential Component as shown on Exhibit K, and no more public hearings shall be required for Preliminary and Final Plan approval for the Residential Component. FNiWM YORKVIM.E CROSSMGSUMexnfion Ag emenMIODIRCATION TO ANNEXATION AGREEMENT 31March2WT] d PROPOSED AGREEMENT MODIFICATIONS MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning YORKVILLE CROSSINGS 31March2007Draft Page 6 of 14 F. CITY shall use its best efforts to provide rights of ways for stub streets for the residential streets contemplated by the Residential Component rights of way to Hayden Drive and Prairie Grass Lane. 2. The CITY acknowledges that OWNERS/DEVELOPERS having annexed the real property described in the attached Exhibit "A" of the Annexation Agreement to the CITY and developing the real property described therein, the CITY and OWNERS/DEVELOPERS acknowledge that the parties have completed, and will each undertake the following duties, covenants, and obligations: A. i. OWNERS/DEVELOPERS have satisfied the Annexation Agreement requirements to dedicate for right-of-way purposes as depicted on the Plat of Dedication of Right-of-Way for extension of Countryside Parkway to and the extension of McHugh Road to its intersection with Illinois Route 34, all as contemplated by the Annexation Agreement. ii. OWNERS/DEVELOPERS have dedicates to the CITY an easement of sufficient width to install sanitary sewer line and watermain adjacent to the proposed street dedication to serve the real property to the East. OWNERS/DEVELOPERS (Autumn Creek Subdivision) and Crimson Lane of Yorkville Crossing Unit One has been designed to incorporate this municipal utility easement into the right of way design. B. Menard, Inc. and OWNERS/DEVELOPERS have cooperated and all authority has been granted by OWNERS/DEVELOPERS to Menard to: i.. Enter upon said dedicated right-of-way to construct at Menard, Inc. expense the subject roadways to obtain temporary construction easements in addition to the roadways as were necessary to complete all work contemplated to be performed by Menard, Inc. pursuant to the Annexation Agreement ii. Authorize and permit the extension of all CITY, Yorkville-Bristol Sanitary District, and public utilities including, but not limited to telephone, electric and gas through said area. F:WAMMAN YOR VILLE CROSSMOS meulion Ag men@AODIFICATION TO ANNEXATION AGREEMENT 3 1 MamV007.wpd PROPOSED AGREEMENT MODIFICATIONS MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORK-VILLE Concerning YORKVILLE CROSSINGS 31March2007Draft Page 7 of 14 iii. Consent to the rebate of sales tax revenue by Menard, Inc. under its Development and Annexation Agreement with the CITY, as to sales tax revenues generated on all the areas zoned B-3 Service Business District in the Agreement, in order for Menard, Inc. to recover the cost of road and related improvements over the areas of OWNERS/DEVELOPERS real property described in Exhibit "G"to , the property shown on the Plat of Dedication of the Portion of the Hamman Parcel improved for Countryside Parkway and McHugh, the plat of Dedication for which was recorded on July 19, 2000 with the Kendall County Recorder of Deeds as document #0009644 (F-F 7-89). iv. Menard, Inc. and OWNERS/DEVELOPERS have determined that except with respect to the CITY Roadways, Menards will not discharge stormwater drainage into the regional detention facility being constructed upon the real property of OWNERS/DEVELOPERS for any of the real property which is being purchased by Menard, Inc. and which is described in the attached Exhibit "H" to the Annexation Agreement except for the CITY roadways, and all discharge of stormwater drainage for said CITY roadways contemplated by the Annexation Agreement has been accommodated in the regional detention facility (the Lake reflected on Exhibit K and the storm sewers and infiltration basins constructed or to be hereafter constructed or improved). V. That cost of acquiring any overland or piped overflow discharge route if it is required shall be solely OWNERS/DEVELOPERS' . vi Sections 2.B.vi, viii, ix, x and xi are unaffected by this Modification. C. Section 2.C. relating to permission to OWNERS/DEVELOPERS to locate a temporary Concrete Batch Plant, is deleted from the Annexation Agreement by this Modification F:ViA NYOMVIU CROSSMOSUmexmion AgementWOD MCATION TO ANNEXATION AGREEMENT 3IMm0007.xVd PROPOSED AGREEMENT MODIFICATIONS MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning YORK-VILLE CROSSINGS 31March2007Draft Page 8 of 14 3 . COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE: Except as herein modified or varied, the OWNERS/DEVELOPERS shall comply, in all respects, with all of the provision of the ordinances of the CITY in the development of the subject real property herein described except as varied by this Agreement. In connection with the development of the entire real parcel being annexed, the CITY and OWNERS/DEVELOPERS agree as follows: A to E Paragraphs A to E of Section 3 of the Annexatiion Agreement are not affected by this Modification. F. 1. It is agreed that other than the existing Ordinances dealing with land cash donations for the schools and parks; and fees for building permits, occupancy permits and tap-on fees, transition fees to the CITY and YORKVILLE School District, and review fees in the event any portion of the "subject property" is developed for residential purposes, that no additional fees or donations will be required by the CITY from OWNERS/DEVELOPERS, except as may be charged on a non-discriminatory basis to all residents of the CITY. ii. OWNERS/DEVELOPERS agree on their own behalf and that of any future OWNERS/DEVELOPERS to voluntarily pay school transition fees as are in effect with the CITY at the time of execution of this Agreement, as to the portion of the real property that is developed for any residential purpose. iii. OWNERS/DEVELOPERS agree, that OWNERS/DEVELOPERS shall pay cash rather than provide land to satisfy the land/cash obligation of the residential component of the development. G to I Paragraph G to I of Section 3 of the Annexation Agreement are not affected by this Modification 4 ,7 and 8 Sections 4, 7 and 8 of the Annexation Agreement are not affected by this Modification. F.WAM VORKVR E CROSSWGS4memtin Ag emenIWODIITCATION TO ANNERATION AGREEMENT 31Marc0007.xVd PROPOSED AGREEMENT MODIFICATIONS MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning YORKVILLE CROSSINGS 31March2007Draft Page 9 of 14 5 . BINDING EFFECT AND TERM: A. The Annexation Agreement and this Modification thererto shall be binding upon and inure to the benefit of the parties hereto, and their successors and owners of record of land which is the subject of the Annexation Agreement assignees, lessees, and upon any successor municipal authorities of said CITY; development having commenced within a period of twenty years from the date of execution of the Annexation Agreement by the CITY, except that this Modification does not apply to the Excluded Property B. CITY and OWNERS/DEVELOPERS agree that OWNERS/DEVELOPERS, and CITY have completed all conduct and cooperation contemplated with Menard, Inc. for all joint obligations contemplated by the Annexation Agreement effecting Parcel "A" of OWNERS/DEVELOPERS and the real property of Menard, Inc. described in Exhibit "H" of this Agreement. No additional Joint Development Agreement among OWNERS/DEVELOPERS, the CITY and Menard, Inc. is required. 6. NOTICES: Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows: If to the CITY: Mayor and City Clerk City of Yorkville 800 Game Farm Road Yorkville, IL 60560 (630) 553-4350 Fax: (630) 553-7575 With a copy to: John Wyeth Attorney for the City of Yorkville 800 Game Farm Road Yorkville, IL 60560 (630) 553-4350 Fax: (630) 553-7575 F:ViAMMAN YORXVII..I.E CROSSMGS Mention ArftmentNODIFICATION TO ANNEXATION AGREEMENT 31MamnW7.nd PROPOSED AGREEMENT MODIFICATIONS MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning YORKVILLE CROSSINGS 31March2007Draft Page 10 of 14 j wyeth(a,yorkville.il.us If to Owners/Developers Donald J. Hamman and Carol S. Hamman 13351 B Faxon Road Plano, IL 60545 (630) 554-9101 Fax: (630) 554-9181 With a copy to: John P. Duggan Duggan Law Offices 181 S. Lincolnway North Aurora, IL 60542 (630) 264-7893 Fax: (630) 264-1310 dugganjpd(a)aol.com or to such other addresses as any parry from time to time designate in a written notice to the other parties. 9. OWNERS/DEVELOPERS has organized and incorporated the Yorkville Crossing Property Owners Association, Inc., a property owners association created to own, maintain and assess expenses for maintenance of the common areas of the Residential Component of the Property. Currently, the only common area is part of the Detention Pond. It is contemplated that when the Detention Pond is completed, the entirety of the Detention Pond and any portion of the Detention System, including the Detention Pond, Storm Water collection or discharge sewers, not on private property except for those owned and maintained by the CITY, infiltration basins, and all other open space associated with the Residential Component will be conveyed to the Yorkville Crossing Property Owners Association, Inc. The Covenants provide that assessments will be levied against the property for all property that becomes subject to the Declaration to maintain the Common Areas. The OWNERS/DEVELOPERS consent to the creation of a back-up or dormant Special Service area on the Residential Component of the Property to maintain the Common Areas in the event that the Yorkville Crossing Property Owners Association, Inc. fails to do so. 10. The OWNERS/DEVELOPERS shall require that best management practice facilities, such as catch basin filters, separators, and similar engineering practices to protect the water quality of storm water before it passes into the infiltration F:ViAMMAN YORKVILLE CROSSMGSWmen ion Agree=WWODIFICATION TO ANNEXATION AGREEMENT 31MareWO7.nd PROPOSED AGREEMENT MODIFICATIONS MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning YORKVILLE CROSSINGS 31March2007Draft Page 11 of 14 basins prior to the detention pond shall be required of all property subject to the Modification to the Annexation Agreement to be developed as a requirement to utilize the Detention Facility. All storm water shall pass through filtration devices and/or bioswales prior to reaching the pond to remove the suspended particles along with treatment fo chemical removal such as hydrocarbons. A long term maintenance plan for these infiltration basins shall be created and adopted by the Yorkville Crossing Property Owners Association, Inc. and its performance shall be within the contemplated scope of the SSA. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of , 2007. CITY: THE UNITED CITY OF YORKVILLE By: Mayor Attest: City Clerk OWNERS/DEVELOPERS: DONALD J. HAMMAN AND CAROL S. HAMMAN DONALD J. HAMMAN F AMMAN YORKVILLE CROSSD OG mexetion Ag menIWODIFICATION TO ANNEXATION AGREEMENT 31 MaTcM07,%"d PROPOSED AGREEMENT MODIFICATIONS MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning YORKVILLE CROSSINGS 31March2007Draft Page 12 of 14 CAROL S. HAMMAN STATE OF ILLINOIS ) SS COUNTY OF KENDALL ) I, the undesigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that Arthur Prochaska, Jr., Mayor of the City of Yorkville and Jackie Milschewski, City Clerk of said City, personally known to me to be the same persons whose names are subscribed to the foregoing instrument acknowledged that they signed and delivered the foregoing instrument as their own free and voluntary act and as the free and voluntary act of said CITY, for the uses and purposes therein set forth; and the said City Clerk then and there acknowledged that she, as custodian of the corporate seal of the CITY, did affix the corporate seal of said CITY to said instrument as her own free and voluntary act and as the free and voluntary act of said CITY, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 20_. Notary Public F.WAMMANYOMK UECROSSMGSVmemtion Ag ementWODIFICAnON TO ANNEXATION AGREEMENT3M=V007."d PROPOSED AGREEMENT MODIFICATIONS MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning YORKVILLE CROSSINGS 31March2007Draft Page 13 of 14 STATE OF ILLINOIS ) } SS COUNTY OFKENDALL ) I, the undesigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that Donald J. Hamman and Carol S. Hamman, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument acknowledged that they signed and delivered the foregoing instrument as their own free and voluntary act and as the free and voluntary act of said company, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 20_ Notary Public F:WAMMAN YOWVI ECROSSMGSW ercetkn Ag menIWODIFICATION TO ANNEXATION AGREEMENT MMwch007.wpd PROPOSED AGREEMENT MODIFICATIONS MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning YORKVILLE CROSSINGS 31March2007Draft Page 14 of 14 EXHIBIT LIST Exhibit "A" Legal Description of the parcel subject to the Modification, the Subject Property Exhibit "B" Plat of Annexation, no change from Annexation Agreement Exhibit "C" Legal Description of B-3 Service Business District zoned area subject to the Modification. Exhibit "D" B-3 Service Business District Ordinance, no change from Annexation Agreement Exhibit "E" Legal Description of PUD BR-2 One Family Resident District of the Zoning Ordinance and Article D.R-3 General Residence District of the Zoning Ordinance Exhibit "F" Article B.R-2 One Family Resident District of the Zoning Ordinance and Article D.R-3 General Residence District of the Zoning Ordinance Exhibit "G" Right-of-Way Plat of Dedication, no change from Annexation Agreement and (with respect to Crimson Lane) Yorkville Crossing Subdivision Unit One. Exhibit "H" Legal Description of the Menard, Inc. Parcel; no change from the Annexation Agreement Exhibit "I" Regional Stormwater Detention Area: see Modifications on Exhibit K, Residential Component Concept Plan Exhibit "1" Identification Sign Drawing, no change from Annexation Agreement Exhibit "K" Residential Component Concept Plan FNiAMMAN YOR MLE CROSSAIOSUMm ion Agreem wWODIEICATION TO ANNEXATION AGREEMENT 31 Mama 007.nd Exhibit A to Modification of Annexation Agra�Wg�OS� gtGke Aii4i'906lF 66AfibNgrty subject to the modification, the Subject Property : That part of the following described property easterly of Prairie Point Subdivision and Yorkville Crossings Unit One . Exhibit "A" LEGAL DESCRIPTION That part of the Southeast Quarter of Section 21 , part of the Southwest Quart of Section 22, part of the Northwest Quarter of Section 27 and part of the Northeast Quarter of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at an existing iron pipe stake said to be over the original location of a stone in the center line of the Original Bristol and Oswego Road previously described as being 2305 chains West and thence 35°30' West, 11 .02 chains from the Southeast comer of said Section 22; thence Northerly along a line forming an angle of 93 °23'07" with the center line of U.S. Route No. 34, measured from the Northeast to the Northwest, this line hereinafter referred to as line "A", 30.05 feet to the Northerly right-of-way line of said Route 34; thence Northwesterly along line "A" aforesaid 798.60 feet; thence Southwesterly, parallel with said center line, 332.0 feet for a point of beginning; therdce Northeasterly along the last described course, 332.0 feet to said line "A" thence Northwesterly along said line "A ', 1 ,225.95 feet to a point measured along said line "A", 2,054.60 feet Northwesterly of said center line; thence Southwesterly along a line forming an angle of 87 '07'00" with the last described course, measured clockwise therefrom, 825.40 feet; thence Northwesterly along a line which forms an angle of 269°46100" with the last described course, measured clockwise therefrom, 508.20 feet; thence Southwesterly along a line forming an angle of 91 '07'35" with the last described course, measured clockwise therefrom, 3,369.33 feet; thence Northwesterly along a line forming an angle of 130°01 '22" with the last described course, measured counter-clockwise therefrom, 56.76 feet; thence Southerly along a line forming an angle of 90 021 '26" with the last described course, measured clockwise therefrom, 1 ,362.93 to the Northwest corner of a tract conveyed to Vijay K. and Promila Marawaha by a Warranty Decd recorded June 17, 1994 as Document 9406488; thence Easterly along the North line of said tract at right angles to the last described course; 349.64 feet; thence Southerly along the East line of said tract 731 .78 feet to the Northerly right-of-way of said Route 34; thence Easterly along said Northerly right-of-way line, 162.55 feet; thence Easterly along said Northerly right-of-way line being along a tangential curve to the left having a radius of 1 ,402.39 feet, an are distance of 976.52 feet; thence Northeasterly along said Northerly right-of-way line being tangent to the last described curve at the last described point, 4,268.99 feet to a line drawn parallel with line "A ' Southeasterly from the point of beginning; thence Northwesterly along said parallel line, 798.60 feet to the point of beginning; together with that part of U.S. Route 34 lying Southerly of and adjacent to the property hereon described, in Bristol Township, Kendall County, Illinois and containing a total of 257.68 Acres of land, more or less. Exhibit C to Modification of Annexation -AgreenERLOPM1 iD AG fiEEFl ENT BI MFICSAxT OMS District subject to the Modification : That part of the following described property Easterly of Yorkville Crossings Unit One and Southerly of Crimson Lane to be dedicated thereby . Exhibit "A ' LEGAL DESCRIPTION That part of the Southeast Quarter of Section 21 , part of the Southwest Quart of Section 22, part of the Northwest Quarter of Section 27 and part of the Northeast Quarter of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Cormnencing at an existing iron pipe stake said to be over the original location of a stone in the center line of the Original Bristol and Oswego Road previously described as being 23.05 chains West and thence 35°30' West, 11 .02 chains from the Southeast comer of said Section 22; thence Northerly along a line forming an angle of 93 '23'07" with the center line of U.S. Route No. 34, measured from the Northeast to the Northwest, this line hereinafter referred to as line "A", 30.05 feet to the Northerly right-of-way line of said Route 34; thence Northwesterly along line "A" aforesaid 798.60 feet; thence Southwesterly, parallel with said center line, 332.0 feet for a point of beginning; thence Northeasterly along the last described course, 332.0 feet to said line "A" thence Northwesterly along said line "A", 1 ,225.95 feet to a point measured along said line "A", 2,054.60 feet Northwesterly of said center line; thence Southwesterly along a line forming an angle of 87 '07'00" with the last described course, measured clockwise therefrom, 825.40 feet; thence Northwesterly along a line which forms an angle of 969°46'00" with the last deseribed course, measured clockwise therefrom, 508.20 feet; thence Southwesterly along a line forming an angle of 91 °07'35" with the last described course, measured clockwise therefrom, 3,369.33 feet; thence Northwesterly along a line forming an angle of 130°01 '22" with the last described course, measured counter-clockwise therefrom, 56.76 feet; thence Southerly along a line forming an angle of 90°21'26" with the last described course, measured clockwise therefrom, 1,362.93 to the Northwest corner of a tract conveyed to Vijay K. and Promila Marawaha by a Warranty Decd recorded .Tune 17, 1994 as Document 9406488; thence Easterly along the North line of said tract at right angles to the last described course; 349.64 feet; thence Southerly along the East line of said tract 731 .78 feet to the Northerly right-of-way of said Route 34; thence Easterly along said Northerly right-of-way line, 162.55 feet; thence Easterly along said Northerly right-of-way line being along a tangential curve to the left having a radius of 1 ,402.39 feet, an arc distance of 976.52 feet; thence Northeasterly along said Northerly right-of-way line being tangent to the last described curve at the last described point, 4,268.99 feet to a line drawn parallel with line "A" Southeasterly from the point of beginning; thence Northwesterly along said parallel line, 798.60 feet to the point ofbegimung; together with that part of U.S. Route 34 lying Southerly of and adjacent to the property hereon described, in Bristol Township, Kendall County, Illinois and containing a total of 257.68 Acres of land, more or less. PROPOSED AGREEMENT MODIFICATIONS Exhibit E to Modification to Annexation Agreement , Legal Description of Residential Component : That part of the following described property that is easterly of Prairie Point Subdivision and northerly of Crimson Lane as shown on the Plat of Yorkville Crossings Unit One : Exhibit "A" LEGAL DESCRIPTION That part of the Southeast Quarter of Section 21 , part of the Southwest Quart of Section 22, part of the Northwest Quarter of Section 27 and part of the Northeast Quarter of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at an existing iron pipe stake said to be over the original location of a stone in the center line of the Original Bristol and Oswego Road previously described as being 23,05 chains West and thence 35 ° 30' West, 11 .02 chains from the Southeast corner of said Section 22; thence Northerly along a line forming an angle of 93 '23'07" with the center line of U.S. Route No. 34, measured from the Northeast to the Northwest, this line hereinafter referred to as line "A", 30.05 feet to the Northerly right-of-way line of said 'Route 34; thence Northwesterly along line "A" aforesaid 798.60 feet; thence Southwesterly, parallel with said center line, 332.0 feet for a point of beginning, thence Northeasterly along the last described course, 332.0 feet to said line "A" thence Northwesterly along said line "A", 1 ,225.95 feet to a point measured along said line "A", 2,054.60 feet Northwesterly of said center line; thence Southwesterly along a line forming an angle of 87 °07'00" with the last described course, measured clockwise therefrom, 825.40 feet; thence Northwesterly along a line which forms an angle of 269°46'00" with the last described course, measured clockwise therefrom, 508.20 feet; thence Southwesterly along a line forming an angle of 91 '07'35" with the last described coarse, measured clockwise therefrom, 3,369.33 feet; thence Northwesterly along a line forming an angle of 130°01 '22" with the last described course, measured counter-clockwise therefrom, 56.76 feet; thence Southerly along a line forming an angle of 90°21 '26" with the last described course, measured clockwise therefrom, 1 ,362.93 to the Northwest corner of z tract conveyed to Vijay K. and Promila Marawaha by a Warranty Deed recorded June 17, 1994 as Document 9406488; thence Easterly along the North line of said tract at right angles to the last described course, 349.64 feet; thence Southerly along the East line of said tract 731 .78 feet to the Northerly right-of-way of said Route 34; thence Easterly along said Northerly right-of-way line, 162.55 feet; thence Easterly along said Northerly right-of-way line being along a tangential curve to the left having a radius of 1 ,402.39 feet, an are distance of 976.52 feet; thence Northeasterly along said Northerly right-of-way line being tangent to the last described curve at the last described point, 4,268.99 feet to a line drawn parallel with line "A" Southeasterly from the point of beginning; thence Northwesterly along said parallel line, 798.60 feet to the point of beginning; together with that part of U.S. Route 24 lying Southerly of and adjacent to the property hereon described, in Bristol Township, Kendall County, Illinois and containing a total of 257.68 Acres of land, more or less. . �,. riri71i1 I - I ��II rte-- =��'I ;!'u�'i�,, . • - �� - I II III FII I�i�, � y��Nl� y ' 'II � , ^ �fl ►' U� Milli ��L��' I j ' • . TOOT, zzz In NO a IN TNT ww III 1jj rr �N � � r �, � 1 000 i rlll� . PROPOSED AGREEMENT MODIFICATIONS i r I � . ,t i.. F a t \QED ClTy Reviewed By: ► ` Agenda Item Number —1 J`9 0 O Legal ❑ �1C�ryU�1NFS� r Finance ❑ ES7. '� 1838 Engineer ❑ Tracking Number < y City Administrator ❑ Consultant ❑ em, lib — m 1E X Agenda Item Summary Memo Title: Tuscan Plaza—Redevelopment Agreement Second Amendment —Time Extension for Permits Meeting and Date: EDC/February 7,2008 Synopsis: Gary Cervelli/Tuscan Plaza has requested to amend the current Tuscan Plaza Re- Development Agreement to extend the time period for obtaining all permits from November 30, 2007 to June 30,2008. Redevelopment Agreement. Council Action Previously Taken: Date of Action: August 28, 2007 Action Taken: Redevelopment Agreement First Amendment Approved (allowing Item Number: Developer Note) Type of Vote Required: Majority Council Action Requested: Approval of Second Amendment to Agreement Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached `Second Amendment to the Redevelopment Agreement' (item 1), draft ordinance approving the Second Amendment(item 2) and memo prepared January 30,2008 outlining the current outstanding permits and the issues to address in order to obtain. Cl ,2 A Memorandum To: Economic Development Committee ME Z " 7836 From: Travis Miller Or® 1� CC: Brendan McLaughlin p° Lisa Pickering (for distribution) Date: January 31 , 2008 Subject: Tuscan Plaza Redevelopment Agreement Second Amendment Permits to Obtain: Illinois EPA — (for water and sewer improvements) Status: The IEPA sanitary service permit has not yet been applied. Deuchler (YBSD's engineer) has review comments, and it could be a few more weeks before YBSD is able to sign off on the permit application form. Once submitted to IEPA, the permit should be issued within 45 days. It is reasonable to expect this permit to be issued by June 30, 2008. IDOT — Status: IDOT has approved plans, bond needs to be provided to the City for the improvements — the amount has been estimated and given to the developer. City - Building Permit — Status: 1 . Water and sanitary improvements have been approved, a bond needs to be provided to the City for these improvements — amount has been estimated and given to the developer; 2. Landscape Plan approval - appropriate cost estimate for landscaping needs to be submitted; 3. Signed letter from adjacent property owner allowing the staging area location needs to be submitted; 4. Plat of easement for the public sidewalk along Hydraulic and Route 47 needs to be submitted and approved; 5. Site Plan review fees of $ 1 ,533.78 plus additional for landscape review (to be calculated from landscape plan cost estimate when submitted/approved); 6. Zoning Review (items necessary to complete): a. Submit acceptable site plan, showing location of the building on the site with appropriate dimensions, must be submitted for a zoning review and approval; b. Submit acceptable plans showing the height of the building and setback measurements. 7. Appearance Code Review: need a submittal of the building's elevations, material and colors. 8. Complete set of architectural plans for the building must be submitted, including: a. A complete set of electrical plans. b. A complete set of plumbing plans. i. Plans are to be submitted to the Sanitary District for their review and comments. c. A complete set of mechanical plans. i. This set must including a plan showing how they will exhaust the carbon monoxide from the vehicles parking in the lower level garage. d. Plans showing accessibility to the commercial, apartments and lower level parking. e. A complete set of fire protection plans, including: i. sprinkler plans ii. alarm plans (These plans to be submitted to the Fire District for their review and comment, as well) 9. Plans showing how the building will meet the requirements of the 2000 Energy Conservation Code. 10. Elevator plans for: a. the car elevator, and b. the elevator in the building. 11 . Plans for the roof showing where they are going to locate the "green area" proposed (plants, etc.) 12. Plans showing access to the roof and handicap accessibility to the roof. 13. Plans showing the roof run off between their building and the existing building. 14. Plans on how they will be shoring the area to protect the building next to them and to assure no cave-ins. 15. Plans indicating what methods they will include in order to protect the existing structure when they dig out the foundation. 16. Plans showing how they will be locating the staging area on the property across the street. ITEM 1 SECOND AMENDMENT TO REDEVELOPMENT AGREEMENT by and between THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS and TUSCAN PLAZA, INC. THIS SECOND AMENDMENT TO THE REDEVELOPMENT AGREEMENT dated May l 1 , 2007, as amended August 28, 2007, by and between the United City of Yorkville, Kendall County, Illinois, an Illinois municipal corporation (the "City"), and Tuscan Plaza, Inc., an Illinois corporation (the "Developer") is entered into this _ day of 2008. PREAMBLES WHEREAS, by Ordinance No. 2006-46 adopted by the Mayor and City Council of the City (the "Corporate Authorities") on June 13, 2006, a Redevelopment Project and Plan for Downtown Yorkville (the "Redevelopment Plan") was approved, which Redevelopment Plan covered some of the oldest properties of the City which constitute a significant portion of the City' s historic Downtown; and, WHEREAS, by Ordinance No. 2006-47 and No. 2006-48 adopted by the Corporate Authorities on June 13, 2006, the City designated approximately 200 acres containing 114 buildings as a "redevelopment project area" ("Yorkville Downtown Redevelopment Project Area") and adopted tax increment financing pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11 -74.4- 1 et seq.) (the "Act"); and, WHEREAS, in furtherance of the Redevelopment Plan, the Corporate Authorities entered into a Redevelopment Agreement with the Developer, dated May 11 , 2007, as amended August 28, 2007, (the "Original Agreement, as amended"), committing the Developer to redevelop certain real estate included in the Redevelopment Project ITEM 1 Area located at 201 , 203, and 205 Bridge Street (the "Subject Property") by undertaking the following (collectively, the "Project'): (a) demolition of the existing structure which is obsolete for modern uses; (b) expansion of water and sewer infrastructure as required to provide service to the new structure; (c) construction of a three story brick building with retail on the first floor street level and ten residential condominiums on each of the second and third floors; (d) construction of twenty underground parking spaces accessed by an elevator conveyance system for automobiles; and, (e) construction of a roof top garden. WHEREAS, the development of the Project is consistent with the Redevelopment Plan and is located within the Redevelopment Project Area; and, WHEREAS, in order to induce the Developer to assemble the Subject Property and undertake the activities hereinabove described to construct the Project, the Corporate Authorities determined that it was in the best interests of the City and the health, safety, morals, and welfare of the residents of the City for the City to reimburse the Developer for certain eligible Redevelopment Project Costs, as permitted by the TIF Act; and, WHEREAS, the Corporate Authorities determined that the provision by the City to the Developer of the benefits described in the immediately preceding recitals and the development by the Developer of the Project pursuant to this Agreement are in the best interests of the City and the health, safety, morals, and welfare of its residents and taxpayers, and will be in furtherance of the Redevelopment Plan and thereby help provide for economic development and job opportunities for the inhabitants of the City, enhance 2 ITEM 1 the tax base of the City and other taxing districts, and add to the welfare and prosperity of the City and its inhabitants; and, WHEREAS, pursuant to the Original Agreement, as amended, on or before November 30, 2007, the Developer was to have obtained all required permits and approvals and was to have commenced construction of the Project in accordance with the approved permits; and, WHEREAS, due to numerous unforeseen factors, the Developer was not able to obtain all required permits and approvals to commence construction of the Project, on or before November 30, 2007; and, WHEREAS, after review of all of the unforeseen circumstances resulting in the delays, the Corporate Authorities have determined that it would be in the best interest of the City to grant the Developer additional time to accomplish the foregoing. NOW, THEREFORE, the parties, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree as follows: 1 . Paragraph (C), Section 2 of the Original Agreement, as amended, is hereby amended by deleting the phrase "on or before November 30, 2007' and inserting "on or before June 30, 2008" thereby extending the date for which the Developer is obligated to obtain all building permits to June 30, 2008. 5. All other provisions of the Original Agreement, as amended, are hereby affirmed. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. 3 ITEM 2 United City of Yorkville, an Illinois municipal corporation By: Mayor Attest: City Clerk Tuscan Plaza, Inc., an Illinois Corporation President rorkv v�m�ent�cm,� 4 ITEM 2 Ordinance No. AN ORDINANCE APPROVING THE SECOND AMENDMENT TO THE TUSCAN PLAZA, INC., REDEVELOPMENT AGREEMENT WHEREAS, pursuant to the Tax Increment Allocation Redevelopment Act of the State of Illinois, 65 ILCS 5/11 -74.4- 1 , et seq. , as from time to time amended (the "TIF Act"), the Mayor and City Council, (collectively, the "Corporate Authorities") of the United City of Yorkville, Kendall County, Illinois (the "City"), approved a redevelopment plan and project (the "Redevelopment Plan"), designated the Yorkville Downtown Redevelopment Project Area (the "Redevelopment Project Area"), and adopted tax increment allocation financing for the purpose of implementing the Redevelopment Plan for the Redevelopment Project Area; and, WHEREAS, in furtherance of the Redevelopment Plan, the Corporate Authorities entered into a Redevelopment Agreement with Tuscan Plaza, Inc., an Illinois corporation (the "Developer"), dated May 11 , 2007, as amended August 28, 2007 (the "Original Agreement, as amended"), committing the Developer to redevelop certain real estate included in the Redevelopment Project Area by undertaking certain tasks (the "Project"), as set forth in the Original Agreement, as amended; and, WHEREAS, the Developer is requesting an extension of time to complete the Project, as set forth in the Second Amendment to the Redevelopment Agreement, attached as Exhibit A, and the Corporate Authorities have determined that it is in the best interests of the City to grant this extension of time. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Second Amendment to the Redevelopment Agreement dated , 2008, by and between the United City of Yorkville, Kendall County, Illinois, and Tuscan Plaza, Inc., is hereby approved; and, the ITEM 2 Mayor and City Clerk are hereby authorized to execute and deliver same. PASSED this day of 2008. AYES: NAYS : ABSENT: APPROVED: Mayor Attest: City Clerk YorMlelem &W.Wcm,ord.doc 2 ITEM 2 EXHIBIT A Amendment to the Redevelopment Agreement (see attached) 3 Reviewed By: Agenda Item Number J� N T Legal ❑ CJI($lN # D ESL 7836 Finance Fl 1 Engineer ❑ -- Tracking Number X09 I� H City Administrator ❑ Consultant ❑ Agenda Item Summary Memo Title: Galena Road Watermain Recapture Agreement—MPI(Grande Reserve) Meeting and Date: EDC February 7, 2008 Synopsis: Request from MPI to approve recapture agreement as contemplated by the Grande Reserve Annexation and PUD Agreement Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approve Recapture Agreement Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report prepared February 1,2008 e��D C/Ab I L Memorandum To: Economic Development Committee esr , _ , leas From: Travis Miller Iy CC: Lisa Pickering (for distribution) 9 p Date: February 1 , 2008 < ��2 Subject: MPI — Grande Reserve — Galena Road Water Main CE Recapture Agreement Background: The attached recapture agreement proposed by MPI (Grande Reserve developer) is for the oversized, offsite watetmain installed along Galena Road. Also attached for your reference are the following documents: - December 4th memo from Joe Wywrot summarizing this request and requesting the review of annexation agreements existing for the `benefited properties% - Excerpt from the Bristol Bay/Centex Annexation Agreement contemplating this recapture (the Grande Reserve agreement language is attached to this excerpt) — note that the Mesirow and Laycom properties are within the Bristol Bay annexation agreement (numbers 3, 4 and 5 on Joes' list) - Excerpt from the O'Keefe agreement. The proposed recapture agreement is consistent with the terms/language agreed to by the Bristol Bay and O'Keefe agreements/developers. The Rider property is unincorporated territory and the City would have the ability to negotiate the recapture payment when this property annexes. The Northgate property was annexed prior to Grande Reserve and the agreement does not obligate this property owner to pay recapture. However, this property has not yet subdivide or developed and the City could attempt to negotiate through a development agreement the payment for this recapture at that time. 1 r PASQUINELLI DEVELOPMENT GROUP, INC. y f 6860 N. Frontage Road Main: (630) 455-5400 r. 4" Suite 100 Cell: (630) 936-0794 Burr Ridge, IL, 60527 Fax: (630) 455-3021 E' '`r E-mail: tim.winter @pasquinelli.com Tim Winter, P.E. Via: U.S. Mail & Email November 21, 2007 Joe Wywrot United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Galena Road Recapture Grande Reserve Dear Joe, Attached are two (2) copies of the Galena Road Watermain recapture agreement along with a redline copy of the agreement. Please review and let me know if this agreement is acceptable for the January EDC and City Council meetings. Do you need sign copies of the agreement prior to City Council approval and if you do how many copies do you need? Sincerely, Tim Winter CC: Travis Miller — United City of Yorkville Tom Small — Pasquinelli Development Group e-mail only Rich Gdowski - Pasquinelli Development Group e-mail only Dave Duman — Pasquinelli Development Group e-mail only John Philipchuck — DBCW, Ltd. e-mail only Dwight Trostle — Cowhey Gudmundson Leder, Ltd. e-mail only LADEVELOPWNTSWorkville Assemblage biPIH2U..eilaslmpiZ"atrw-112107-do RECAPTURE AGREEMENT RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT ("Agreement") is made and entered as of the _ day of , 2007, by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ("City") and MPI-2 YORKVILLE CENTRAL LLC, all Illinois Limited Liability Company, ("Developer"). RECITALS: A. Developer is the owner and developer of that certain real estate development located within the corporate limits of the City and commonly known as Grande Reserve Subdivision ("Subdivision"). B. Developer and the City have heretofore entered into that certain Annexation Agreement dated September 11, 2003, ("Annexation Agreement") pertaining to the annexation and development of the Subdivision within the City. C. Developer desires to recapture an allocable share of the costs of constructing certain of the public improvements for the Subdivision ("Recapture Items") which will provide benefit to other properties ("Benefited Properties"), and the owners of the Benefited Properties ("Benefited Owners"). D. Developer and the City are desirous of entering into this Agreement to provide for the fair and allocable recapture by Developer of the proportionate costs of the Recapture Items from the Benefited Owners, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as follows: 1 . RECAPTURE ITEMS. The Recapture Items, being elements of the public improvements to be constructed as a part of the development of the Subdivision, are identified in Attachment "A" attached hereto ("Recapture Schedule"). The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item ("Estimated Cost") together with a 5% project management fee payable to Developer and reimbursement to the City for its cost of easement acquisition. Developer shall cause each of the Recapture Items to be constructed in compliance with the provisions of the Annexation Agreement and to be accepted and conveyed to the City in accordance with applicable ordinances of the City. 132790/2 Page 1 of 6 2. BENEFITTED PROPERTIES, The Benefited Properties are legally described in the Recapture Schedule attached hereto as Attachment "B". Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a "Benefited Parcel ". In the event that any additional parcels north of Galena Road are annexed into the City of Yorkville or choose to connect to the watermain along Galena Road that is the subject of this recapture, then and in that event the recapture allocations set forth in this Agreement in Attachment A, shall be recalculated to accommodate the additional property being benefited. Pursuant to the annexation agreement for the O'Keefe Property dated September 26, 2006 and recorded as document number 20060036302, said property is obligated to pay fifteen percent (15%), of the total cost of the Galena Road watermain recapture costs. 3 . RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities of the City have determined will benefit a Benefited Parcel, and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule. The recapture schedule as shown in the exhibit "A" is an estimated based on estimated linear footage of the property adjacent to the watermain. Actual recapture cost will he based on actual linear footage adjacent to the watermain based on the Annexation Plat to the United City of Yorkville. The amount of recapture required will be paid back to.the developer based on cost of watermain per linear foot and watermain cost allocations as also set forth in certain annexation agreements. The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the "Recapture Costs". The Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture Schedule. Interest shall accrue on the Recapture Costs for the benefit of Developer at the rate of five percent (5%) simple interest per annum from the date the Recapture Agreement is recorded until the Recapture Cost is paid together with a 5% project management fee to MPI. All references to Recapture Costs herein shall include accrued simple interest owed thereon. 4. COLLECTION OF RECAPTURE COSTS, The City shall assess against and collect from the Benefited Owner of a Benefited Parcel, or any portion thereof, including successors and assigns, the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited Parcel. At such time as a Benefited Owner, or its agent or representative, annexes and/or subdivides a Benefited Parcel, or any portion thereof, or subdivides the Benefited Parcel from a larger parcel of land, or applies to the City for issuance of a permit for connection to all or any of the Recapture Items, whichever shall first occur, the City shall collect from such Benefited Owner, or its agent or representative, the applicable Recapture Costs, owed hereunder by such Benefited Parcel. No Benefited Parcel which is a part of a subdivision (whether by plat or division by deed) shall be approved or recognized by the City or be issued a connection permit to a Recapture Item by the City until such Benefited Parcel has fully paid the applicable Recapture Costs, owed by such Benefited Parcel under this Agreement. 132790/2 Page 2 of 6 5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the City pursuant to this Agreement shall be paid to Developer, or such other person or entity as Developer may direct by written notice to the City, within thirty (30) days following collection thereof by the City. It is understood and agreed that the City's obligation to reimburse Developer shall be limited to funds collected from the Benefited Owners as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the City to make payments from its general corporate funds or revenue. 6. CITY'S OBLIGATION. The City and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefited Parcel. Neither the City nor any of its officials shall be liable in any manner for the failure to make such collections, and Developer agrees to hold the City, its officers, employees and agents, harmless from the failure to collect said fees. In any event, however, Developer and/or the City may sue any Benefited Owner owing any Recapture Costs, hereunder for collection thereof, and in the event Developer initiates a collection lawsuit, the City agrees to cooperate in Developer's collection attempts hereunder by allowing full and free access to thp_CiWs books and records pertaining to the subdivision and/or development of the Benefited Parcel and the collection of any Recapture Costs therefore. hi the event the City and any of its agents, officers or employees is made a party defendaht in any litigation rising out of or resulting from this Agreement, Developer shall defend such litigation, including the interest of the City, and shall further release and hold the City harmless from any judgment entered against Developer and/or the City and shall further indemnify the City from any loss resulting there from, except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the City or any of its agents, officers or employees. 7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the City to collect other fees and charges pursuant to City ordinances, resolutions, motions and policies. The Recapture Costs provided for herein for each Benefited Parcel is in addition to such other City fees and charges. 8. TERM. This Agreement shall remain in full force and effect for a period of twenty (20) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefited Parcel is a part of a subdivision approved or recognized by the City and no connection permit as aforesaid is issued by the City for such Benefited Parcel within ten years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further force and effect as to such Benefited Parcel. 9. LIEN. The recordation of this Agreement against the Benefited Properties shall create and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained therein, in the amount of the Recapture Costs, plus interest, applicable hereunder to such Benefited Parcel. 132790/2 Page 3 of 6 10. MISCELLANEOUS PROVISIONS. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. B. Binding Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Developer and any successor municipal corporation of the City. C. Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding in force and compel performance of this Agreement. D. Recordation: A true and correct copy of this Agreement shall be recorded, at Developer's expense, with the Kendall County Recorder's office. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein. E. Notices: Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U. S. Mail, registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If to City: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, Il 60540 Fax: (630) 553-8330 With a copy to: United City of Yorkville's Attorney Kathleen Orr 800 Game Farm Road Yorkville, IL 60560 Fax: (630) 553-7575 (I) If to OWNER and DEVELOPER: Isenstein Pasquinelli, LLC 6880 N. Frontage Road 132790/2 Page 4 of 6 Suite 100 Burr Ridge, IL 60527 Attn: Land Development and to: Moser Enterprises, Inc. 401 South Main Street Suite 300 Naperville, IL 60540 Attn: John Zediker with copy to: John F. Philipchuck, Esq. DBCW, Ltd. 123 Water Street Naperville, IL 60566-0565 F. Severability: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement, regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. I. Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. J. Enforceability: This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date first above written. [SIGNATURE PAGE FOLLOWS] 132790/2 Page 5 of 6 OWNERS: MPI-2 YORKVILLE CENTRAL LLC CITY: an Illinois Limited Liability Company UNITED CITY OF YORKVILLE By: MPI Manager, Inc. an Illinois municipal corporation Its: Manager By: John Zediker, Its President Title: Mayor Dated: Attest: Title: City Clerk 132790/2 Page 6 of 6 0 0 0 N r r d00) 000 LO 0 (D 0 N !!7 r� O 00 r to •V � � NCO NM LLO O_ 0c0� N M 0 M M r N a ++ V, to 69 ER EH 643 63 EiS 64 0) 0 0 0) 0 O O n > N1*� Oh M1` M O V � � N-tM O N Cl) w 00) Cl) O 00 N0 OO LI O C N 63 16l3 fA 6% 6% E9 EA (f! (� 0OIRt (OO OO co O40 M OD P� O LO co ., co 00 V O 1` O O ti B O O OD M O 1` n Q LO NO M0 OLO 0 "�..,, wel' nON .- 'q' 4t LO q (0 W LO NM v totiOOLO Mr co I' OOH-- 4q tO rtIt to 0 NM LO O0 to N ' M V• to 00M MOD O UNN Mr ( OM e- N NO O LO N LO N r r 1• V = Ef) Efl fA 6% U)- (fl to fH FPr to 6% to EA Eta to 49. 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I I p a Q " oz 10 400 oos _ MILL X ROAD _ `p NN m Ik: ti p O $ 1 _ 4q M1 nnf a¢ e I pti 4DD J 02 io 400 009 ��B Z ° -7� w Z Lu 4 ER L oa / T 79 yr15 7.0.^6 S00J Z .r1 B— J aa/ a` Ca9 :n 31 .x9 51.62 Z IR' IlE /" i, [9E i a 30 ID 3 w.3J 1 D oiF , ,. • Q O v[nvva Pfi v v n U wj R o a v SAD' 1 P� .3.22 -- iiv cc TI i 3 § ynaaaJ jR-46� 6 'FA '4' [°RNf45 k0. � y ^/ P2.Op a 41 ,w S ,. CCAl' LS 02-[ 26 _ zzr--^-1 p2-K cc w 02-✓ H LN. ESTMVOED FRONT GE L. . COST P RECPVES < ECENES _ - ---- - . _._. g 7T,L 5 m t r I 1 ._ -+ -- =LEQEND ID f f . RC J T Tpt6 1166 wA�) M/ N LU Lu ' TOTALS U26 S45 94169676 RL6A➢B III _ r. m 1Y KY'p 300 PARK BOULEVARD REVISIONS PROJECT No. 2807.30 SHEET g w 1 = COWHEY ITASCA. IWNCIS 60143 DATE /zoio7 / : '. GUDMUNDSON z;z =rH„vE _ -_ GRANDE RESERVE SCALE NONE 1 °z 1 1 LEDER, LTD. °"' ;zssINOIS6610 —_ —_ — YORKVILLE, ILLINOIS WATER RECAPTURE EXHIBIT DDRAIWGNNEBYBY PMC o Q ` CONSULTING ENGINEERS ' LAND NRYEAORS . NATURAL RESOURCES — _ CHECKED BY BAT y 01 EXHIBIT - B GRANDE RESERVE RECAPTURE AGREEMENT LEGAL DESCRIPTIONS PIN 02-10-400-009 Parts of Sections 10 and 15, Township 37, North, Range 7, East of the 3`° P.M., described as follows: - Beginning in the center of Blackberry Creek ata point where the East line of said Section 10 crosses said creek; thence along said east line 1 .75 chains to the southeast comer of said Section 10; thence southerly along the east line of said Section 15, 2. 16 chains; thence South 88 degs., 15' West 36.56 chains along the North line of land formerly owned by Reuben Hunt to a stake; thence northerly on a line parallel with the west line of the east half of said Section 10, 41 .72 chains to the North side of Oswego and Little Rock road; thence southerly along the north side of Oswego and Little Rock road to the east line of the northwest quarter of the southeast quarter of said section 10 at a point 9.30 chains from the northeast corner of the said northwest quarter of the said southeast quarter of said Section 10; thence southerly along said east line to the southwest quarter of said southeast quarter of said Section 10; thence easterly along said south line 2.50 chains to the center of said Blackberry Creek; thence southeasterly along the middle of said creek to the place of beginning, containing 88 acres of land. Also commencing at a point where the north line of the C.B.&Q.R.R. land crosses the east line of said Section 15; thence northerly along said section line to the southeast corner of said above described land; thence westerly along the south line of said first above described land to the quarter section line running north and south of the northeast quarter of said Section 15 ; thence South along the east line of land formerly owned by G.G. Hunt to the North line of the said C.B.Q.&R.R. land to the place of beginning and containing 13 .08 acres. PIN 02-10-400-008 That part of the Southeast Quarter of Section 10, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Intersection of the West line of said Southeast Quarter with the center line of Galena Road; thence South 65 degrees 13 minutes 34 seconds East along said center line, 423 .09 feet, thence Southeasterly along said center line, being along a tangential curve to the left having a radius of 49, 109.50 feet, an arc distance of 622.52 feet for a point of beginning; thence Southeasterly along said center line, being along said curve, 177. 19 feet; thence South 66 degrees 09 minutes 33 seconds East along said center line, 50.65 feet; thence south 01 degrees 05 minutes 59 seconds West, 211 .63 feet; thence North 88 degrees 54 minutes 01 seconds West, 210.0 feet to a line drawn South 01 degrees 05 minutes 59 seconds West from the point of beginning; thence North 01 degrees 05 minutes 59 seconds East, 300.0 feet to the point of beginning, in Bristol Township, Kendall County, Illinois, AND An easement for ingress and egress described as follows: A 15 .0 foot wide strip of land across part of the Southeast quarter of Section 10, Township 37 North, Range 7 East of the Third Principal Meridian lying parallel with, adjacent to and coincident and westerly Pagel of 9 of the following described line: Commencing at the intersection of the West Line of said Southeast Quarter with the center line of Galena Road; thence South 65 degrees 13 minutes 34 seconds East along said center line, 423 .09 feet thence Southeasterly along said center line, being along a tangential curve to the left having a radius of 49, 109.50 feet, an arc distance of 622.52 feet for a point of beginning; thence South 01 degrees 05 minutes 59 seconds West, 300.0 feet for the terminus of said line in Bristol Township, Kendall County, Illinois EXCEPT that part thereof lying within the public right-of-way of Galena Road. PIN 02-10-300-005 THAT PART OF THE NORTH Y2 OF THE SOUTH 1/2 OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST '/4 OF SAID SECTION 10; THENCE NORTH 89 DEGREES 04 MINUTES 27 SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHWEST '/4 2661 . 12 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST '/a; THENCE SOUTH 00 DEGREES 03 MINUTES 35 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHWEST Y4 117.50 FEET TO THE CENTER LNE OF GALENA ROAD AS MONUM[E-NTED; THENCE SOUTH 67 DEGREES 13 MINUTES 12 SECONDS EAST ALONG SAID CENTER LINE 254.02 FEET TO A POINT ON A MONUMENTED LINE THAT IS 234. 10 FEET EASTERLY OF (AS MEASURED PERPENDICULARLY THERETO) AND PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST 1/4, THENCE SOUTH 00 DEGREES 03 MINUTES 35 SECONDS EAST ALONG SAID PARALLEL LINE, 417.75 FEET TO POINT ON A LINE THAT IS 385.00 FEET SOUTHWESTERLY OF (AS MEASURED PERPENDICULARLY THERETO) AND PARALLEL WITH THE CENTER LINE OF GALENA ROAD, FOR THE POINT OF BEGINNING, THENCE CONTINUING SOUTH 00 DEGREES 03 MINUTES 35 SECONDS EAST ALONG SAID MONUMENTED PARALLEL LINE 686.72 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH '/2 OF THE SOUTHEAST '/4 OF SECTION 10; THENCE SOUTH 89 DEGREES 03 MINUTES 52 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTH %2, 1179.57 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF CANNONBALL TRAIL PER DOCUMENT NUMBER 99886; THENCE NORTH 12 DEGREES 43 MINUTES 19 SECONDS EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE 951 .97 FEET; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE, ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 442.50 FEET, WHICH CHORD BEARS NORTH 20 DEGREES 11 MINUTES 27 SECONDS EAST, AN ARC LENGTH OF 115.73 FEET; THENCE NORTH 12 DEGREES 43 MINUTES 19 SECONDS EAST ALONG SAID EASTERLY RIGHT-OF-WAY PER VACATION DOCUMENT DATED MAY 145 2001, 51 .75 FEET TO A POINT ON A LINE THAT IS 385.00 FEET SOUTHWESTERLY OF (AS MEASURED PERPENDICULARLY THERETO) AND PARALLEL WITH THE CENTER LINE OF SAID GALENA ROAD; THENCE SOUTH 67 DEGREES 57 MINUTES 16 SECONDS EAST ALONG SAID PARALLEL LINE 290.55 FEET TO A BEND POINT IN SAID PARALLEL LINE; THENCE SOUTH 67 DEGREES 13 Page 2 of 9 MINUTES 12 SECONDS EAST ALONG SAID PARALLEL LINE, 703 .39 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PINS 02-09-100-011 & 02-04-300-003 PARCEL 1 PART OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: TO WIT: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 4: THENCE SOUTH 01 DEGREE 09 MINUTES 47 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 990.00 FEET (15 CHAINS) TO THE NORTHEASTERLY CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 163 AT PAGE 473 : THENCE CONTINUING SOUTH 1 DEGREE 09 MINUTES 47 SECONDS WEST LONG SAID EAST LINE 1 .84 FEET TO A POINT ON THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 152 AT PAGE 392, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN AFTER DESCRIBED TRACT OF LAND: THENCE NORTH 89 DEGREES 38 MINUTES 08 SECONDS WEST ALONG SAID LINE 1745 . 17 FEET; THENCE SOUTH 4 DEGREES 41 MINUTES 35 SECONDS WEST 581 .33 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF SAID PARCEL OF LAND DESCRIBED IN BOOK 163 AT PAGE 473; THENCE SOUTH 03 DEGREES 23 MINUTES 41 SECONDS WEST ALONG SAID WESTERLY LINE 756.55 FEET; THENCE SOUTH 30 DEGREES 08 MINUTES 41 SECONDS WEST 366. 17 FEET TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE SOUTH 89 DEGREES 34 MINUTES 05 SECONDS EAST ALONG SAID SOUTH LINE 1987.84 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 01 DEGREES 09 MINUTES 47 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1655.47 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILINOIS. EXCEPTING FROM PARCEL ONE THE FOLLOWING DESCRIBED PROPERTY: WATER TOWER EXCEPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 4: THENCE NORTH 87 DEGREES 58 MINUTES 26 SECONDS EAST (ASSUMED) ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 4, 826.23 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT- OF-WAY LINE BEING A CURVE TO THE LEFT WITH RADIUS OF 1691 .42 FEET, AND CHORD BEARING NORTH 12 DEGREES 50 MINUTES 21 SECONDS EAST, AN ARC DISTANCE OF 766.59 FEET TO A POINT OF TANGENCY; THENCE NORTH 00 DEGREES 08 MINUTES 41 SECONDS WEST, ALONG SAID RIGHT- Page3 of OF-WAY LINE, 919.88 FEET TO THE SOUTHERLY LINE OF PROPERTY DESCRIBED IN BOOK 152, PAGE 392; THENCE NORTH 87 DEGREES 54 MINUTES 21 SECONDS EAST, ALONG SAID SOUTHERLY LINE, 672.35 FEET TO A POINT 945.20 FEET WESTERLY OF (MEASURED ALONG SAID SOUTHERLY LINE) THE EAST LINE OF SAID SOUTHWEST QUARTER, FOR THE POINT OF BEGINNING, THENCE SOUTH 01 DEGREE 58 MINUTES 29 SECONDS EAST 320.03 FEET; THENCE SOUTH 87 DEGREES 54 MINTUES 21 SECONDS WEST, PARALLEL WITH SAID SOUTHERLY LINE, 284.37 FEET; THENCE NORTH 01 DEGREES 58 MINUTES 29 SECONDS WEST, 320.03 FEET TO SAID SOUTHERLY LINE: THENCE NORTH 87 DEGREES 54 MINUTES 21 SECONDS EAST, ALONG SAID SOUTHERLY LINE, 284.37 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PARCEL TWO: PART OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS. DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 9; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID NORTHWEST QUARTER ON A BEARING OF SOUTH 01 DEGREE 19 MINUTES 36 SECONDS WEST, A DISTANCE OF 472.54 FEET; THENCE WESTERLY PERPENDICULAR TO THE LAST DESCRIBED COURSE ON A BEARING OF NORTH 88 DEGREES 40 MINUTES 24 SECONDS WEST, A DISTANCE OF 330.65 FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED BY DOCUMENT NUMBER 870363; THENCE CONTINUING WESTERLY ALONG THE NORTH LINE OF SAID PARCEL OF LAND ON A BEARING OF NORTH 88 DEGREES 40 MINUTES 24 SECONDS WEST, A DISTANCE OF 368.68 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID PARCEL ON A BEARING SOUTH 01 DEGREE 19 MINUTES 36 SECONDS WEST, A DISTANCE OF 187.61 FEET TO THE CENTER LINE OF THE CHICAGO-GALENA ROAD; THENCE NORTHWESTERLY ALONG SAID CENTER LINE NORTH 73 DEGREES 52 MINUTES 25 SECONDS WEST, A DISTANCE OF 778.45 FEET; THENCE CONTINUING NORTHWESTERLY ALONG SAID CENTER LINE OF A BEARING OF NORTH 72 DEGREES 22 MINUTES 25 SECONDS WEST, A DISTANCE OF 708.88 FEET TO THE EASTERLY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 152 AT PAGE 392; THENCE NORTHEASTERLY ALONG SAID EASTERLY LINE ON A BEARING OF NORTH 31 DEGREES 36 MINUTES 51 SECONDS EAST, A DISTANCE OF 267.67 FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9; THENCE EASTERLY ALONG SAID NORTH LINE ON A BEARING OF SOUTH 89 DEGREES 34 MINUTES 05 SECONDS EAST, A DISTANCE OF 1997.59 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, EXCEPTING FROM THE ABOVE TWO PARCELS THE FOLLOWING: Page 4 of 9 (ROUTE 47 EXCEPTION TO PARCELS 1 & 2) THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4, AND OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: AND BEARINGS USED HEREIN ARE REFERENCED TO GRID NORTH OF THE ILLINOIS STATE PLANE COORDINTE SYSTEM , EAST ZONE: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER: THENCE NORTH 87 DEGREES 57 MINUTES 30 SECONDS EAST 719.88 FEET ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER TO THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AND THE POINT OF BEGINNING: THENCE NORTHERLY 774. 17 FEET ALONG A NON-TANGENTIAL CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,596.42 FEET, A CENTRAL ANGLE OF 27 DEGREES 47 MINUTES 06 SECONDS AND A CHORD OF NORTH 13 DEGREES 43 MINUTES 52 SECONDS EAST 766.60 FEET ALONG SAID EXISTING WESTERLY RIGHT-OF- WAY LINE; THENCE NORTH 00 DEGREES 09 MINUTES 41 SECONDS WEST 767.39 FEET ALONG SAID EXISTING WESTERLY RIGHT-OF-WAY LINE; THENCE SOUTH 89 DEGREES 50 MINUTES 19 SECONDS WEST 10.00 FEET; THENCE NORTH 00 DEGREES 09 MINUTES 41 SECONDS WEST 132.94 FEET TO THE NORTH LINE OF A TRACT DESCRIBED BY DEED RECORDED IN BOOK 243 PAGE 99 IN KENDALL COUNTY RECORDS; THENCE NORTH 7 DEGREES 58 MINUTES 02 SECONDS EAST 105 .06 FEET ALONG SAID NORTH LINE; THENCE SOUTH 00 DEGREES 09 MINUTES 41 SECONDS EAST 923.76 FEET; THENCE SOUTHERLY 766.60 FEET ALONG A TANGENTIAL CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,691 .42 FEET, A CENTRAL ANGLE 25 DEGREES 58 MINUTES 05 SECONDS AND A CHORD OF SOUTH 12 DEGREES 49 MINUTES 21 SECONDS WEST 760.05 FEET TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTHERLY 270.97 FEET ALONG A NON- TANGENTIAL CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1 ,691 .42 FEET, A CENTRAL ANGLE OF 09 DEGREES 10 MINUTES 44 SECONDS AND A CHORD OF SOUTH 30 DEGREES 23 MINUTES 46 SECONDS WEST 270.68 FEET; THENCE SOUTH 34 DEGREES 59 MINUTES 08 SECONDS WEST 54.26 FEET TO THE CENTER LINE OF GALENA ROAD; THENCE NORTH 74 DEGREES 59 MINUTES 01 SECONDS WEST 58.52 FEET; THENCE NORTH 74 DEGREES 20 MINUTES 30 SECONDS WEST 42.39 FEET ALONG SAID CENTER LINE; THENCE NORTH 34 DEGREES 59 MINUTES 08 SECONDS EAST 88.27 FEET ALONG THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS EXTENDED FROM THE NORTH; THENCE NORTHERLY 205 . 13 FEET ALONG A TANGENTIAL CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1 ,596.42 FEET, A CENTRAL ANGLE OF 7 DEGREES 21 MINUTES 43 SECONDS AND A CHORD OF NORTH 31 DEGREES 18 MINUTES 16 SECONDS EAST 204.99 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. Page 5 of 9 AND EXCEPTING FROM THE ABOVE TWO PARCELS THE FOLLOWING: THAT PART OF THE SOUTHWEST '/4 OF SECTION 4, AND THAT PART OF THE NORTHWEST '/4 OF SECTION 9, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST Y4 OF SAID SECTION 4; THENCE SOUTH 01 DEGREE 19 MINUTES 17 SECONDS EAST ALONG AN ASSUMED BEARING, BEING THE EAST LINE OF SAID SOUTHWEST '/4 990.00 FEET (15 CHAINS) TO THE NORTHEASTERLY CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 163 AT PAGE 473; THENCE CONTINUING SOUTH 1 DEGREE 19 MINUTES 17 SECONDS EAST ALONG SAID EAST LINE 1 .84 FEET TO A POINT ON THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 152 AT PAGE 392, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED TRACT OF LAND; THENCE SOUTH 87 DEGREES 52 MINUTES 48 SECONDS WEST ALONG SAID LINE 945.20 FEET TO THE EAST LINE OF THE EXISTING WATER TOWER SITE; THENCE SOUTH 2 DEGREES 00 MINUTES 02 SECONDS EAST ALONG SAID EAST LINE 320.03 FEET TO THE SOUTHEAST CORNER OF SAID WATER TOWER SITE, THENCE SOUTH 87 DEGREES 52 MINUTES 48 SECONDS WEST PARALLEL WITH SAID SOUTHERLY LINE OF LAND DESCRIBED IN BOOK 152 AT PAGE 392, ALSO BEING THE SOUTHERLY LINE OF SAID WATER TOWER SITE, A DISTANCE OF 284.37 FEET TO THE SOUTHWEST CORNER OF WATER TOWER SITE; THENCE SOUTH 02 DEGREES 07 MINUTES 12 SECONDS EAST 60.00 FEET; THENCE NORTH 87 DEGREES 52 MINUTES 48 SECONDS EAST 83 .50 FEET, THENCE SOUTH 02 DEGREES 07 MINUTES 12 SECONDS EAST 781 .29 FEET; THENCE NORTH 87 DEGREES 52 MINUTES 48 SECONDS EAST 137.48 FEET; THENCE SOUTH 02 DEGREES 07 MINUTES 12 SECONDS EAST 244.01 FEET; THENCE SOUTH 26 DEGREES 17 MINUTES 23 SECONDS EAST 145 .28 FEET; THENCE SOUTH 02 DEGREES 07 MINUTES 12 SECONDS EAST 406.58 FEET; THENCE SOUTH 13 DEGREES 52 MINUTES 32 SECONDS WEST 45 .74 FEET; THENCE SOUTH 76 DEGREES 21 MINUTES 29 SECONDS EAST 131 .00 FEET; THENCE SOUTH 13 DEGREES 38 MINUTES 31 SECONDS WEST 51 . 15 FEET, THENCE SOUTH 21 DEGREES 12 MINUTES 51 SECONDS WEST 75.66 FEET; THENCE SOUTH 13 DEGREES 38 MINUTES 36 SECONDS WEST 115.22 FEET TO THE CENTER LINE OF THE CHICAGO-GALENA ROAD; THENCE SOUTH 76 DEGREES 21 MINUTES 24 SECONDS EAST ALONG SAID CENTER LINE 185.01 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND CONVEYED BY DOCUMENT NUMBER 870363; THENCE NORTH 01 DEGREES 09 MINUTES 21 SECONDS WEST ALONG THE WEST LINE OF SAID PARCEL 187.60 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE SOUTH 88 DEGREES 50 MINUTES 39 SECONDS EAST ALONG THE NORTH LINE OF SAID PARCEL AND ITS EASTERLY EXTENSION 699.33 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST '/4 OF SAID SECTION 9; THENCE NORTH 01 DEGREES 09 MINUTES 21 SECONDS WEST ALONG THE Page 6 of 9 LAST DESCRIBED LINE 472.53 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 4; THENCE NORTH 01 DEGREES 19 MINUTES 17 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST '/4 1655 .75 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. PIN 02-09-100-014 THE NORTHWEST '/4 OF THE SOUTHEAST '/4 OF SECTION 9; ALSO THAT PART OF SAID SECTION 9, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST '/4 OF SAID SECTION 9; THENCE WEST ALONG THE SOUTH LINE OF SAID NORTHWEST '/4, 14.28 CHAINS (942.48 FEET) FOR THE POINT OF BEGINNING; THENCE NORTH 14 DEGREES 50 MINUTES EAST 30. 14 CHAINS (198924 FEET) TO THE CENTER LINE OF GALENA ROAD; THENCE SOUTH 75 DEGREES 15 MINUTES EAST ALONG SAID CENTER LINE 6.77 CHAINS (446.82 FEET) TO THE EAST LINE OF SAID NORTHWEST 114; THENCE SOUTH 75 DEGREES 15 MINUTES EAST ALONG THE CENTER LINE OF SAID GALENA ROAD 5.92 CHAINS (390.72 FEET); THENCE SOUTH 13 DEGREES 15 MINUTES WEST 26.50 CHAINS (1749.0 FEET) TO THE NORTHEAST CORNER OF THE SOUTHWEST '/40F SAID SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTHWEST '/4 20 CHAINS (1320 FEET) TO THE SOUTHEAST CORNER OF THE NORTH '/2 OF SAID SOUTHWEST /4; THENCE WEST ALONG THE SOUTH LINE OF THE NORTH '/2 OF SAID SOUTHWEST '/4 20.25 CHAINS (1336.5 FEET) TO A POINT 1 ROD (16.5 FEET) WEST OF THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SOUTHWEST 1/4•, THENCE NORTHEASTERLY TO THE POINT OF BEGINNING, (EXCEPT THE NORTH WESTERLY 40.00 FEET THEREOF FOR ROADWAY PURPOSES PER RECORD IN BOOK 136 PAGE 158) IN TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PIN 02-09-100-003 That part of the West %2 of Section 9, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: commencing at the southeast comer of the northwest 1/4 of said section; thence west along the south line of said northwest 1/t 14.28 chains for the point of beginning; thence north 14 degrees 50 minutes east 30. 14 chains to the center line of Galena Road; thence northwesterly along the center line of said Galena Road to the west line of said section; thence south along said west line to the southwest comer of the northwest 1/4 of the southwest '/4 of said section; thence east along the south line of said northwest '/4 of the southwest '/4 19.75 chains to a point 1 rod west of the southeast comer of said quarter quarter; thence northeasterly to the point of beginning, (except that part lying westerly of the center line of Illinois Route 47) in the Township of Bristol, Kendall County, Illinois. PIN 02-10-300-007. 02-09-400-001 PARCEL L Page 7 of 9 THE NORTHEAST '/4 OF THE SOUTHEAST '/4 OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWN OF BRISTOL, KENDALL COUNTY, ILLINOIS. PARCEL 2: THAT PART OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTH '/20F THE SOUTHWEST '/4 OF SAID SECTION 10, THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 35. 18 CHAINS TO THE CENTER LINE OF THE BLACK BERRY AND LITTLE ROCK ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE TO THE EAST LINE OF THE SOUTHWEST '/4 OF THE SAID SECTION; THENCE CONTINUING SOUTHEASTERLY ALONG SAID CENTER LINE 3.81 CHAINS; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST '/4 17.23 CHAINS TO THE SOUTH LINE OF THE NORTH '/2 OF THE SOUTH '/2 OF SAID SECTION; THENCE WEST ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. EXCEPT THE FOLLOWING: THAT PART LYING EASTERLY OF THE WESTERLY RIGHT OF WAY LINE OF CANNONBALL TRAIL AND ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH '/2 OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 10, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, WITH THE WESTERLY LINE OF CANNONBALL TRAIL AS MONUMENTED; THENCE NORTH 11 DEGREES 31 MINUTES 50 SECONDS EAST ALONG THE WESTERLY LINE OF SAID CANNONBALL TRAIL, 356.37 FEET, THENCE NORTH 79 DEGREES 28 MINUTES 10 SECONDS WEST, 305.00 FEET TO THE POINT OF BEGINNING, THENCE SOUTH l I DEGREES 31 MINUTES 50 SECONDS WEST, 69. 16 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND WESTERLY ALONG A CURVE CONCAVE NORTHWESTERLY, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 80.00 FEET, AN ARC LENGTH OF 106.59 FEET TO A POINT OF TANGENCY; THENCE SOUTH 87 DEGREES 52 MINUTES 17 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 245 .84 FEET; THENCE NORTH 11 DEGREES 31 MINUTES 50 SECONDS EAST, 204.95 FEET, THENCE SOUTH 78 DEGREES 28 MINUTES 10 SECONDS EAST, 300.00 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. ALSO, EXEPT COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTHWEST '/4 OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, WITH THE WESTERLY LINE OF CANNONBALL TRAIL AS MONUMENTED; THENCE NORTH 11 Page 8 of 9 DEGREES 31 MINUTES 50 SECONDS EAST ALONG SAID WESTERLY LINE, 356.37 FEET TO THE POINT OF BEGINNING; THENCE NORTH 83 DEGREES 54 MINUTES 09 SECONDS WEST, 306.38 FEET; THENCE NORTH 11 DEGREES 31 MINUTES 50 SECONDS EAST, 25. 11 FEET; THENCE SOUTH 83 DEGREES 54 MINUTES 09 SECONDS EAST, 306.38 FEET TO THE WESTERLY RIGHT OF WAY OF CANNONBALL TRAIL AS MONLINIENTED; THENCE SOUTH I I DEGREES 31 MINUTES 50 SECONDS WEST ALONG SAID WESTERLY LINE 25. 11 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS Page 9 of 9 RECAPTURE AGREEMENT RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT ("Agreement") is made and entered as of the day of 2009, by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ("City") and MPI-2 YORKVILLE CENTRAL LLC, all Illinois Limited Liability Company, ("Developer"). RECITALS: A. Developer is the owner and developer of that certain real estate development located within the corporate limits of the City and commonly known as Grande Reserve Subdivision ("Subdivision"). B. Developer and the City have heretofore entered into that certain Annexation Agreement dated September 11, 2003 ("Annexation Agreement") pertaining to the annexation and development of the Subdivision within the City. C. Developer desires to recapture an allocable share of the costs of constructing certain of the public improvements for the Subdivision ("Recapture Items") which will provide benefit to other properties ('Benefited Properties"), and the owners of the Benefited Properties ("Benefited Owners"). D. Developer and the City are desirous of entering into this Agreement to provide for the fair and allocable recapture by Developer of the proportionate costs of the Recapture Items from the Benefited Owners, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as follows: 1. RECAPTURE ITEMS. The Recapture Items, being elements of the public improvements to be constructed as a part of the development of the Subdivision, are identified in Attachment "A" attached hereto ("Recapture Schedule"). The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item ("Estimated Cost") together with a 5% project management fee payable to Developer and rcimbutsement to the City for its cost of acquisition. Developer shall cause each of the Recapture Items to be constructed in compliance rvith the provisions of the Annexation Agreement and to be accepted and conveyed to the City in accordance with applicable ordinances of the City. Deleted: l'A7o, 1 Deleted: M76 c ---- — csy�iq ;, Pone t of 2. BENEFITTED PROPERTIES. The Benefited Properties are legally described in the Recapture Schedule attached hereto as Attachment "B". Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a "Benefited Parcel". In the event that any additional parcels north of Galena Road are annexed into the City of Yorkville or choose to connect to the watermain along Galena Road that is the subject of this recapture, then and in that event the recapture allocations set forth in this Agreement in Attaclunent A, shall be recalculated to acconmiodate the additional property being benefited. . Deleted: La eivsie. N the event till, other p:va<Ls south of o?olena Road do not uhllze said watermain and instead Pursuant to the annexation agreement for the O'Keefe Property dated September on . ro a x ner mN itipash or 26, 2006 and recorded as document number 2006(1036302, said property is obligated to NpNNthe tOnnh' S^.IIJ p:Vttl6 shall obligated removed Got the Benefited Pared I pay fifteen percent ( 15%). of the total cost of the Galena Road watermain recapture costs. , list and the recaphne costs shall he paid to tilt"Developer for these parcels, bl' the(W- all viler to MEN reimburst tls 3. RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities Developer [v Its carts in providing the of the City have determined will benefit a Benefited Parcel, and the prorata share of the Recaphire Item Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are Deleted: Pursuant to the uNmxnuon agreement for the C blues property on set forth in the Recapture Schedule. The recapture schedule as shown in the exhibit "A" me amt lade of Galena Read. sal is an estimated based on estimated linear footage of the property adjacent to the propery Is obligated to pad' recapturts and the 0m agrees to obtamsaid watermain. Actual recapture cost will be based on actual linear footage adjacent to the recapture fees from Centex within watermain based on the Annexation Plat to the United City of Yorkville. The amount of dmtc "°' days of approval of tins recaphre ngttement Rost art to the recapture required will be paid back to the developer based on cost of watermain per amhe.uon a_reeiaenl for the New Life linear foot and watermain cost allocations as also set forth in certain annexation Chavch dated June 13. 7(K< and recorded as document number agreements. The aggregate amount of the proportionate share of the Estimated Cost for 1006(alu"'_7L said propem is each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the of hunted to pa} real"are tees for said wutera am hmprovement as deternNed , "Recapture Costs". The Recapture Costs for each of the Benefited Parcels shall be as by the Cm Ehuneer identified in the Recapture Schedule. Interest shall accrue on the Recapture Costs for the benefit of Developer at the rate of five percent (5%) simple interest per annum from the _ date the Recapture Agreement is recorded until the Recapture Cost is paid togetherwith a Deleted: Item j 5% project management fee to MPI. All references to Recapture Costs herein shall include accrued simple interest owed thereon. 4. COLLECTION OF RECAPTURE COSTS. The City shall assess against and collect from the Benefited Owner of a Benefited Parcel, or any portion thereof, including successors and assigns, the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited Parcel_ At such time as a Benefited Owner, or its agent or representative, annexes andlor subdivides a Benefited Parcel, or any portion thereof, or subdivides the Benefited Parcel from a larger parcel of land, or applies to the City for issuance of a permit for connection to all or any of the Recapture Items, whichever shall first occur, the City shall collect from such Benefited Owner, or its agent or representative, the applicable Recapture Costs, owed hereunder by such Benefited Parcel. No Benefited Parcel which is a part of a subdivision (whether by plat or division by deed) shall be approved or recognized by the City or be issued a connection permit to a Recapture Item by the City until such Benefited Parcel has fully paid the applicable Recapture Costs, owed by such Benefited Parcel under this Agreement Deleted: L'a7aS 5 Deleted: L'Voi 3 5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the City pursuant to this Agreement shall be paid to Developer, or such other person or entity as Developer may direct by written notice to the City, within thirty (30) days following collection thereof by the City. It is understood and agreed that the City's obligation to reimburse Developer shall be limited to funds collected from the Benefited Owners as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the City to make payments from its general corporate hauls or revenue. 6. CITY'S OBLIGATION. The City and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefited Parcel. Neither the City nor any of its officials shall be liable in any manner for the failure to make such collections, and Developer agrees to hold the City, its officers, employees and agents, harmless from the failure to collect said fees. In any event, however, Developer and/or the City may sue any Benefited Owner owing any Recapture Costs, hereunder for collection thereof, and in the event Developer initiates a collection lawsuit, the City agrees to cooperate in Developer's collection attempts hereunder by allowing full and free access to the City's books and records pertaining to the subdivision and/or development of the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the City and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement, Developer shall defend such litigation, including the interest of the City, and shall further release and hold the City harmless from any judgment entered against Developer and/or the City and shall further indemnify the City from any loss resulting there fmm, except to the extent such loss results from the grossly negligent or willfidly wrongful act or conduct of the City or any of its agents, officers or employees. 7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the City to collect other fees and charges pursuant to City ordinances, resolutions, motions and policies. The Recapture Costs provided for herein for each Benefited Parcel is in addition to such other City fees and charges. 8. TERM. This Agreement shall remain in full force and effect for a period of twenty (20) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefited Parcel is a part of a subdivision approved or recognized by the City and no connection permit as aforesaid is issued by the City for such Benefited Parcel within ten years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further force and effect as to such Benefited Parcel. 9. LIEN. The recordation of this Agreement against the Benefited Properties shall create and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained therein, in the amount of the Recapture Costs, plus interest, applicable hereunder to such Benefited Parcel. i Deleted: 1'87(1s s Deleted: 1'005 3 i_xr" sa Page of 10. MISCELLANEOUS PROVISIONS. A. Aereemem: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. B. Binding Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Developer and any successor municipal corporation of the City. C. Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding in force and compel performance of this Agreement. D. Recordation: A true and correct copy of this Agreement shall be recorded, at Developer's expense, with the Kendall County Recorder's office. This Agreement shall constitute a covenant mnning with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein. E. Notices: Any notice required or desired to be given trader this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If to City: United City of Yorkville Attn: City Cleric 800 Game Farm Road Yorkville, 1160540 Fax: (630) 553-8330 With a cop). to: United City of Yorkville's Attorney I aUmiccnOrr LDeleted: - - - _ 800 Crnme Farm Road ! Formatted: No undedhe l Yorkville. IL 60560 Fax: (630) 553-7575 (1) If to OWNER and DEVELOPER: Isenstein Pasquinelli, LLC 6880 N. Frontage Road Suite 100 Buff Ridge, IL 60527 I oekted:_r-sms Deleted: ) WI 3 Page 4 of 6 Attn: Land Development and to: Moser Enterprises, Inc. 401 South Main Street Suite 300 Naperville, IL 60540 Attn: John Zediker with copy to: John F. Philipchuck, Esq. DBCW, Ltd. 123 Water Street Naperville, U, 60566-0565 F. Severabi tv: The invalidity or imenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement, regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Pam¢raoh Headings: Captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. I. Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. J. Enforceability: This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date first above written. OWNERS: MPI-2 YORKVILLE CENTRAL LLC CITY: an Illinois Limited Liability Company UNITED CITY OF YORKVILLE By: MPI Manager, Inc. an Illinois municipal corporation Its: Manager Deleted: c37ff s Deleted: 287053 Page i of By: John Zediker, Its President Title: Mayor Dated: Attest: Title: City Clerk Deleted: GSW,.? . . . page 6 of u CI Memorandum Esr. - - 1838 To: Brendan McLaughlin,City Administrator From: Joe Wywrot,City Engineer -- �9 CC: <LE Date: December 4,2007 Subject: Grande Reserve-Galena Road Watermain Recapture Attached find the most recent recapture document proposed by the Grande Reserve developer. I have reviewed the agreement and have the following comments: • The text of the document has been revised per our previous review comments.We had previously requested that the recapture be based on an acreage or PE basis,but the developer would like to keep it based on a front footage and/or percentage basis, depending on the benefited property. The potential problem with the front footage method is that Section 2 of the proposed agreement states that if additional properties connect to the watermain,then they have to pay recapture and the allocations shall be recalculated.Most additional properties would not have frontage along Galena, so we would have to determine a new method of calculation at that time. It would be better to have a method that we could use right from the start that could accommodate additional properties.This is not a major issue,but could be a problem in the future. • I concur with the dollar amount of the recapture. The calculations have been revised to include the$21,855 paid by the city for two watermain easements just west of Blackberry Creek. • The Water Recapture Exhibit includes the properties listed below.Please check the annexation agreements for Property Nos. 1-5 to see if we can enforce a recapture against them. 1. Northgate(listed as contributing 7.10%) 2. O'Keefe-North of Raging Waves(listed as contributing 15.0 1/6) 3. Mesirow-Formerly part of Bristol Bay(listed as contributing 15.5%) 4. Laycom-West of Cannonball(previously part of Bristol Bay) 5. Laycom-East of Cannonball (B-3 frontage was retained by Laycom, with the southern R-3 parcel previously part of Bristol Bay) 6. Both Silagyi/Rider properties • Neither the New Life Church nor the Cross Lutheran properties are shown as benefited properties. While the New Life Church annexation agreement may not allow for a recapture,we should consider adding the Cross Lutheran property. Please place this item on the January Economic Development Committee agenda for consideration. There should still be time to revise the agreement before sending it to the committee. within the SUBJECT PROPERTY which will connect to and/or utilize said public improvements and to implement,if applicable,the provisions of Paragraphs 9 and 10 of this Agreement. Each Recapture Agreement shall be substantially in the form as attached hereto and incorporated herein as Exhibit"P". B. Encumbering the SUBJECT PROPERTY. Except as otherwise expressly provided in this Agreement, CITY represents and warrants that there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the SUBJECT PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNERS and DEVELOPER, or their successors,upon connection of the SUBJECT PROPERTY to any of such public utilities,nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will effect the SUBJECT PROPERTY. DEVELOPER acknowledges receipt of three (3) pages of the Grande Reserve Annexation Agreement attached hereto as Exhibit "O" which provides for the potential for recapture or recovery from DEVELOPER for a portion of the water system to be constructed by the developer of the Grande Reserve parcel. 25. ARCHMCTURE STANDARDS AND COVENANTS. The general architecture for the improvements within the residential neighborhoods are attached hereto and described in Exhibit "R" being the architectural renderings provided by the DEVELOPER and Exhibit "S" being the last draft, not yet adopted, of the proposed citywide architectural control ordinance. Residential improvements shall be constructed substantially consistent with the least restrictive of the matters reflected on Exhibit "R" and Exhibit "S" or as modified by DEVELOPER with the CITY's prior consent. The OWNERS and DEVELOPER agree to 37 CHI99 4478044-3.001319.0242 Exhibit "Q " The typical neighborhood drainage bio-swale is attached hereto as Exhibit "IS-5 11. The typical neighborhood drainage bio-swale cross-section is attached hereto as Exhibit "IS-6". C. 'Water Facilities. The DEVELOPER shall install one (1) one and one-half million (1,500,000) gallon water tower' and two- wells in addition to a water treatment facility, two (2) off-site watermain extensions, and a raw watermain. This system has been oversized by 930 P.E. (at an estimated cost of $1 ,613.00 per P.E. or a total cost of $1,500,090) and provides critical connections to commercial areas along U.S. Route 34 and to desirable boundary expansion areas along Galena Road. Additionally, this system will help the CITY resolve radium compliance issues. The estimated construction cost of the water system is $8,879,000 (Exhibit "]W1"). In additional to construction costs outlined in Exhibit "IW-11', soft costs will also be incurred for permits, costs for obtaining easements, legal fees, and interest charges associated with these INFRASTRUCTURE IMPROVEMENTS. Actual project costs will be used in determining*the final certified cost of improvements. The DEVELOPER shall be reimbursed for the total cost of said improvements through tap fee waivers, recovery, and recapture as described below. The DEVELOPER shall be entitled to a waiver of water system tap fees in an amount up to $2,200 for each multifamily unit and $2,600 for all other residential taps in accordance with the Schedule of Fees which are depicted and attached hereto as Exhibit "F". Upon completion of the construction of the said water facilities, the CITY shall issue OWNER and DEVELOPER coupons crediting the DEVELOPER for the waiver of tap fees for three hundred . (300) multifamily units and two-thousand three hundred and forty six (2,346) other residential dwelling units. The remaining cost of the water system shall be recovered/recaptured. Interest shall accrue on the costs for the benefit of the DEVELOPER at the rate of five percent (517o) per annum from the date the improvement is completed by the DEVELOPER until the costs are recovered/recaptured in full. DEVELOPER costs associated with system oversizing and the extension of the water main along U.S. Route 34 shall be recovered in conjunction with the payment of water system tap fees to the CITY, Upon receipt by the CITY of any water tap fee from properties located north of the Fox River and east of Route 47 in the new north pressure zone (except for the subject property) , the CITY will forward the full water tap fee to the DEVELOPER. Said recovery from the MY to the DEVELOPER will continue until the total reimbursement cost has been recovered by the DEVELOPER. DEVELOPER costs associated with the extension of the water main along Galena Road shall be recaptured based on a lineal foot distribution of project casts to affected properties shown on Exhibit 1W3. In the event that affected properties annex to another municipality or are developed for uses that will not require a connection to the water line (i.e. park land) costs will 1 � UYOY Augma 149 2003 l be redistributed among remaining properties. The CITY agrees to adopt a recapture agreement ordinance upon the submittal of a recapture agreement by the DEVELOPER. OWNER and DEVELOPER agree to provide access easements to the CITY to allow permanent access to both well sites that are being dedicated at Grande Reserve at the time of final platting. . . I . . . - - . D. Sidewalks and Street Related Improvements. DEVELOPER shall cause the curb, gutter, street pavement, street lights, recreational path and public sidewalks, to be installed upon the SUBJECT PROPERTY in substantial conformity with the Final Engineering to be approved for each Phase of Development and the applicable provisions of the Subdivision Regulations of the CITY, as modified or varied pursuant to this Agreement. Notwithstanding anything contained herein or in any CITY ordinance, rule or regulation to the contrary, all public sidewalks and parkway landscaping to be constructed of installed upon the SUBJECT PROPERTY pursuant to the approved Final Engineering for each Phase of Development shall be installedand completed on-a- lot.by lot or block by block basis, and need not be installed or completed by OWNERS and DEVELOPER as a part of the public improvements for each Phase of Development. "DEVELOPER maintains responsibility of posting a guarantee to ensure that sidewalks and parkway trees are installed in accordance with CITY requirements. E.Off-Site Street Related Improvements. The DEVELOPER accepts responsibility for perimeter intersection improvements that have identified as necessary in the Grande Reserve Traffic Impact Analysis report prepared by Metro Transportation Group for the United City of Yorkville, hereafter referred to as required improvements. Required improvements have been estimated at a total cost of $5,004,770 per Exhibit "IRla". In conjunction with required improvements necessitated by the development of Grande Reserve, the CITY has indicated a desire to upgrade certain planned improvements on perimeter roads to better serve existing and future traffic generated by off-site development. The - CITY's desired improvements are estimated at a total cost of $11,560,530. per Exhibit "IRIb". The DEVELOPER agrees to construct improvements on Galena Road and U.S. Route 34 and to complete the design work associated with the signal at U.S. Route 34 as identified in Exhibit IRta in accordance with the schedule established below. These improvements (estimated at a cost of $1,226,720) shall be at the sole cost of the DEVELOPER. The CITY agrees to construct at a minimum the remaining required improvements detailed in Exhibit "IRla" which may be upgraded in accordance with improvements outlined in Exhibit `7RIV% The DEVELOPER agrees to contribute $3,778,050 to the CITY to cover remaining required improvements as set forth in Exhibit "1RIa". Upon approval of a road design plan by the CITY for a phase of said improvements, the DEVELOPER shall post a letter of credit in an amount equal to the estimated cost of that improvement up to a maximum of $3,778,050, which letter of credit shall be used only for improvements to Bristol Ridge Road, Kennedy Road, and Mill Road. If the CITY has not commenced construction of remaining required improvemen .at.I.�,ast five (5) months in k` _Augtast if.; 20 . . Alit . . . , SEE,` • ■�w�+r�:1��.aoc,.=. c�� td��A"° ��"T��fl`h}1fi21�' w,� o i ' �m� , ' F i. � � � I� • � J �Yt7 � rae��cccrr�www•••��:::�� . �, "-�M'a S,s€"`if>i��; ' kr��`s � C3 WMM vc WIN ma Q tie 01 ; 5. UTILITIES,EASEMENTS AND PUBLIC IMPROVEMENTS OWNER and DEVELOPER agree that any extension and/or construction of utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as modified by this Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNER and DEVELOPER except as otherwise provided in this Agreement. The CITY represents to OWNER and DEVELOPER that the CITY owns potable water, fire flow and water storage facilities that will have sufficient capacity to adequately serve the needs of the OWNER and DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to this Agreement. With respect to sanitary sewer treatment capacity, the CITY shall assist and cooperate with OWNER and DEVELOPER in their efforts to acquire adequate sanitary sewer treatment capacity from the appropriate sanitary district for use upon the SUBJECT PROPERTY. The OWNER and DEVELOPER agree to contribute a proportionate share of the recapturable expenses payable for the Galena Road water main extension between Bristol Bay and the Grande Reserve Development not to exceed an amount equal to 15% of the total engineering and construction costs for said project. The CITY represents to the OWNER and DEVELOPER total expense for said project is estimated to be $700,000.00 (15% of which would be $105,000.00). Said recapture payment will be payable at time of first building permit issuance of Lot 1. The CITY represents to OWNER and DEVELOPER that except for water main recapture charges payable for the Galena Road water main extension between Bristol Bay and the Grande Reserve Development as described above, and recapture charges payable for the Raymond Facility neither OWNER nor DEVELOPER shall become liable to the CITY or any other party for recapture upon the annexation and/or development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water lines and/or storage facilities that may serve the SUBJECT PROPERTY. However, subject to the terms of this Agreement, OWNER and DEVELOPER shall be responsible to pay sewer and water connection fees for the commercial parcels. In the event that during the development of the SUBJECT PROPERTY, OWNER or DEVELOPER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of the development of the SUBJECT PROPERTY, the 125060/18 CITY shall fully cooperate with OWNER and DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities. The CITY shall not require the OWNER or DEVELOPER to relocate and/or bury any of the existing over-head utility that are adjacent to the SUBJECT PROPERTY. The CITY shall fully cooperate with and support OWNER and DEVELOPER'S applications for access points to the SUBJECT PROPERTY located on Illinois Route 47 and Galena Road with the Illinois Department of Transportation as well as Kendall County to insure proper development of the SUBJECT PROPERTY. The CITY shall require that the owners and/or developers of property immediately to the south of the SUBJECT PROPERTY establish cross-access easements with regard to any private drive located off of Route 47 The CITY agrees that such cross-access easements shall include the right of access by contiguous and adjacent property owners to access points onto the public right-of-way, Said access to be accomplished by crossing portions of adjacent land if necessary. The OWNER and DEVELOPER agree to provide cross-access easements on all lots within the SUBJECT PROPERTY and to the property adjacent to the southern border of the SUBJECT PROPERTY. If any off-site easement or license is determined by the OWNER and/or DEVELOPER to be necessary to facilitate development of the SUBJECT PROPERTY the CITY agrees to use it's best efforts to assist OWNER and/or DEVELOPER to pursue acquisition of any such easement, Within 30 days of a written request from the MY, which includes legal descriptions and exhibits as necessary, the OWNER and/or DEVELOPER shall grant permanent and temporary construction easements as necessary for the construction and extension of CITY utilities and appurtenances and/or other utilities to serve the SUBJECT PROPERTY and other properties within the CITY. However, OWNER and/or DEVELOPER shall not be obligated to grant any temporary or permanent easements if such grant of easement would in any way encumber the SUBJECT PROPERTY. Furthermore, if an easement previously granted to the CITY is found to encumber the development and/or occupation of the SUBJECT PROPERTY it shall be the CITY'S sole obligation to relocate any such easement at the sole cost of the CITY. It is acknowledged between the Parties that the Raymond Facility will be constructed by the CITY to provide storm-water management for the entire SUBJECT PROPERTY, and the 125060/19 OWNER and DEVELOPER will contribute their pro-rated share toward construction of the Raymond Facility If the CITY is unable to construct the Raymond Facility which will serve the SUBJECT PROPERTY in a timely fashion commensurate with OWNER and DEVELOPER anticipated development of the SUBJECT PROPERTY then OWNER and/or DEVELOPER shall be allowed to undertake all or a portion of the construction of the Raymond Facility or provide the interim or temporary storm water storage on the SUBJECT PROPERTY as contemplated in paragraph 4(k) of this Agreement. The duration of use of said interim or temporary storm water storage shall terminate once the Raymond Facility is able to accept the storm water from the SUBJECT PROPERTY at which time all storm water conveyance shall be sent to the Raymond Facility. If OWNER and/or DEVELOPER undertake any construction of the Raymond Regional Facility it is agreed to by the Parties that OWNER and DEVELOPER will be fully compensated by the CITY for constructing any such portion of said Raymond Facility, Compensation shall be granted to the OWNERS and DEVELOPER by the CITY based on a reduction in the amount of the required buy-in amount to participate in the Raymond Facility The Parties will calculate the volume required to serve the SUBJECT PROPERTY, and then reduce that amount by calculating the amount of volume which was excavated by OWNER and/or DEVELOPER OWNER and DEVELOPER will then only be required to buy-in based upon that reduced amount which takes into consideration the capacity excavated by OWNER and/or DEVELOPER, The Parties further agree that during the construction of the Raymond Facility any clay or top sail removed from the site may be utilized by OWNER and/or DEVELOPER for grading of the SUBJECT PROPERTY at no charge to the OWNER and/or DEVELOPER. The OWNER and DEVELOPER agree to provide a temporary access easement to the CITY a minimum of 50' wide across the SUBJECT PROPERTY to allow for a "haul route" to transport soil and/or clay from the Raymond Facility to Lot 1 of the SUBJECT PROPERTY until Lot 1 has been properly filled pursuant to approved engineering specifications. OWNER and DEVELOPER agree to provide a stone water conveyance route along the portion of the SUBJECT PROPERTY adjacent to Illinois Route 47 within the dedicated right-of- way as depicted in Exhibit "G "for use by the owner of the Northgate development, and other 125060(110 properties north of Galena Road as dictated by the CITY provided it does not interfere with the development of the SUBJECT PROPERTY. The DEVELOPER agrees to obtain written permission from the CITY prior to drawing the initial 1,000,000 gallon water charge necessary for the water park facility each year. It is understood by the Parties that this initial charge will likely occur each year during either the month of April or the month of May, and will occur during off peak hours to be determined and instructed by the CITY. Upon DEVELOPER'S compliance with the requirements of this paragraph the CITY agrees to grant said written permission without delay allowing for the initial charge of the water park facility. 6. SECURITY INSTRUMENTS. A. Posting Seeuti . DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion, subject to compliance with Illinois Compiled Statutes, as to whether an irrevocable letter of credit or surety bond will be used as the Security Instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five percent (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. Perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent Phases of Development at the sole discretion of the DEVELOPER as long as adjacent phases are seventy percent (70%) constructed iasoaa� tl `�tiD C�Ty Reviewed By: Agenda Item Number 2 O J a Legal El �INr�S d1� Finance ❑ 7838 Engineer ❑ Tracking Number City Administrator ❑ Consultant ❑ ` ❑ <LE 1L�. Agenda Item Summary Memo Title: Draft Boundary Agreement with the Village of Millbrook Meeting and Date: Economic Development Committee, Thursday February 7, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached memo. Memorandum To:a To: Economic Development Committee EST., 1 -" 1936 From: Travis Miller, Community Development Director O� ® b �j CC: Lisa Pickering, Deputy Clerk (for distribution) p Date: January 31 , 2008 Subject: Draft Boundary Agreement with the Village of Millbrook LE Background: Mayor Burd and staff met with Judy Heim, Village President of Millbrook, in October 2007 to discuss the potential for a boundary agreement between the two communities. The agreement terms were conceptualized and staff has prepared the attached draft agreement and boundary location for further consideration and discussion. The Village of Millbrook's Board of Trustees is reviewing the same documents. Attachments: 1 . Draft Boundary Agreement with the Village of Millbrook 2. Proposed Millbrook Boundary Agreement Map (Exhibit A) 3. United City of Yorkville Trail Map (Exhibit B) DRAFT II-2-07 INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MILLBROOK AND THE UNITED CITY OF YORKVILLE THIS AGREEMENT is entered into as of the day of , 20075 by and between the VILLAGE OF MILLBROOK, Kendall County, Illinois, a political subdivision organized and existing under the laws of the State of Illinois ("Millbrook"), and the UNITED CITY OF YORKVILLE, Kendall County, Illinois, a political subdivision organized and existing under the laws of the State of Illinois ("Yorkville") (collectively referred to as the "Parties"): RECITALS WHEREAS, a portion of unincorporated Kendall County between Yorkville, and Millbrook, has the potential to be a rapidly growing area in Illinois; and WHEREAS, projects under way or in various stages of planning are creating unusual growth opportunities between Yorkville and Millbrook; and WHEREAS, Yorkville and Millbrook realize that current plans and opportunities for development will be accompanied by significantly higher demands for transportation, police, utility, and other municipal services and financial commitments to meet the necessities of such services; and WHEREAS, the Constitution of the State of Illinois 1970, Article VII, Local Government, Section 10, provides for intergovernmental cooperation in and authorizes units of local government to obtain or share services to exercise, combine or transfer powers or functions in any manner not prescribed by law or ordinance, and authorized units of local government to use their credit, revenues and other resources to pay costs related to intergovernmental activities; and WHEREAS, the Intergovernmental Cooperation Act provides for the joint exercise of powers, privileges or authority by units of government and provides for intergovernmental contracts; and WHEREAS, Section 11 - 12-9 of the Municipal Code (65 ILCS 5/11 -12-9) provides for the adoption of agreements establishing the boundaries for jurisdiction between municipalities in accordance with the provisions stated therein; and WHEREAS, Yorkville and Millbrook recognize that the land lying between their present municipal boundaries is in a developing area in which problems related to open space preservation, flood control, population density, joint operation of public facilities, ecological and 1 DRAFT 11-2-07 economic impact, and multi-purpose developments are increasing both in number and complexity; and WHEREAS, Yorkville and Millbrook and their respective citizens are vitally affected by said development problems and issues and any attempt to solve them and provide for the welfare, prosperity, and enjoyment of the inhabitants of said municipalities, will be benefited by mutual action and inter-governmental cooperation with respect thereto; and WHEREAS, Yorkville and Millbrook recognize the need and desirability to provide for logical municipal boundaries and areas of municipal authority between their respective municipalities in order to plan effectively and efficiently for the growth and potential development between their communities and the conservation of the available resources for all of their respective citizens; and WHEREAS, Yorkville and Millbrook after each publishing and holding all public hearings required by law, have authorized, by ordinance, the execution of this agreement, as an exercise of their respective authority and as an exercise of their intergovernmental cooperation authority under the Constitution of Illinois; and NOW THEREFORE, in consideration of the mutual promises and obligations recited herein it is agreed between Yorkville and Millbrook, as follows: 1 . That the boundary line between the two municipalities for the unincorporated area lying between them, for annexation and municipal government planning, subdivision control, official map, ordinances, and other municipal purposes shall be as shown on Exhibit A, attached hereto and by reference incorporated herein, and approximately described as follows: A BOUNDARY LINE RUNNING THROUGH THAT PART OF SECTION 36 IN TOWNSHIP 37 N. RANGE 6 E AND THAT PART OF SECTIONS 1, 12, 135 14, 22, 23 IN TOWNSHIP 36 N. RANGE 6 E OF THE _ PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERN BOUNDARY LINE OF PARCEL NO. 0 1-36-400-004 AND THE FOX RIVER; THENCE SOUTHERNLY ALONG SAID PARCEL BOUNDARY TO THE WESTERN PARCEL BOUNDARY OF PARCEL NO. 04-01- 200-003; THENCE SOUTHERNLY ALONG SAID PARCEL BOUNDARY TO THE INTERSECTION OF THE SAID PARCEL BOUNDARY AND THE CENTERLINE OF FOX ROAD; THENCE SOUTHERNLY ALONG FOX ROAD TO THE CENTERLINE OF HIGHPOINT ROAD; THENCE SOUTHERNLY ALONG SAID CENTERLINE OF HIGHPOINT ROAD; THENCE SOUTH WESTERNLY ALONG THE CENTERLINE OF ILLINOIS ROUTE 71; THENCE WESTERLY ALONG THE CENTERLINE OF WALKER ROAD TO THE WESTERN BOUNDARY OF KENDALL COUNTY FOR A POINT OF TERNIINUS OF SAID LINE. 2. Except as otherwise provided herein, Yorkville shall have jurisdiction with respect to property lying easterly and southerly of the above-described boundary line, and 2 DRAFT 11-2-07 Millbrook shall have jurisdiction of the property lying westerly and northerly of the above-described boundary line. On or after the date of this Agreement, neither party shall annex territory which lies within the jurisdiction of the other municipality as established by such boundary line, nor shall it exercise or attempt to exercise or enforce any zoning, subdivision control, official map, or other municipal authority or ordinance. This boundary line shall not require a municipality to exercise control over the property on that municipality's side of the boundary line, and shall not prohibit such municipality from negotiating additional boundary line agreements with other municipalities that may surrender such jurisdiction to another municipality. Neither municipality shall object to the other municipality' s request for an amendment of any facilities planning area in respect to land located on the requesting municipality' s side of the boundary line. 3. The Parties agree to coordinate transportation related issues and to adopt and comply with the following and, to the extent legally possible, requiring all developments to comply with the following: a) Coordination of road stubs in adjoining developments to insure continuation of all boundary roadways. b) Coordination of transitions of roadway widths and designs of roads in adjoining developments to insure continuity of all boundary roadways. c) Require, to the extent legally possible, all developments to install and coordinate bicycle paths in accordance with Exhibit B. To the extent, that either municipality designs roadways and/or bicycle paths independent of a private developer, the municipalities shall also comply with Exhibit B. d) Illinois Route 71 and Highpoint Road/Fox Road constitute a shared border between the Parties. The Parties acknowledge that there are one or more roadway intersections crossing or intersecting Illinois Route 71 and Highpoint Road/Fox Road along the boundary established under this Agreement, that will require improvements as properties on each side of the shared border are developed. The Parties agree to reserve or pay or require, whether through an annexation agreement, or if the property is already annexed, such other agreement or method legally possible, that the owner or developer of any property/development (i) that is adjacent to Illinois Route 71 or Highpoint Road/Fox Road and one of the intersecting roads for Illinois Route 71 or Highpoint Road/Fox Road; or (ii) whose primary access from such property/development to either of said highways will be from such intersecting road, shall pay its proportionate share, reimbursement and/or recapture for the estimates or, if known, the actual costs of intersection improvements, including but not limited to, such traffic signalization, interconnects, and transponders for emergency vehicles mutually agreed upon by the parties to this Agreement. If the costs of such improvements are paid by the other municipality, or a parry required to pay such costs by the other municipality, such recapture or reimbursement shall be promptly 3 DRAFT 11-2-07 forwarded by the collecting municipality to the municipality responsible for the contracting of the improvement work. 4. Prior to drilling, or allowing third parties to drill any new water wells within one-half mile of the above-described boundary line, the Parties agree to confer and, using generally accepted engineering principles, not locate, or permit to be located by third parties (to the extent legally possible) any wells that would materially interfere with the operations or supply of other wells within one-half mile of the above-described boundary line. The Parties shall also meet to coordinate all new wells (regardless of their non-interference with existing wells) to avoid interfering with each other's future well and water plans within one-half mile of the above-described boundary line. 5. This Agreement shall not be construed so as to limit or adversely affect the right of either municipality to file a statutory objection to proposed zoning changes within one and one-half miles of its corporate limits as provided for by State of Illinois statutes. 6. This Agreement is not one intended to benefit a third parry, and no third parry beneficiary shall be deemed created hereby. This Agreement is binding only upon Yorkville and Millbrook, and their respective successors and assigns. Nothing herein shall be construed as a limitation on the right of either parry with respect to its boundaries with any other municipality or unit of local government. 7. Neither party shall either directly or indirectly seek any modification to this Agreement through court action. This Agreement may not be changed orally. All modifications to this Agreement must be in writing and must be signed by each party. 8. If any provisions of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. 9. Both Parties acknowledge that pursuant to the current provisions of 65 ILCS 5/7- 1 - 1 , the annexation of any territory adjacent to any road or highway not already within the corporate limits of any other municipality automatically extends the boundaries of the annexing municipality to the far side of the adjacent highway. To the extent that the provisions of 65 ILCS 5/7- 1-1 would result in the automatic annexation of any portion of a highway lying within the other municipality's Jurisdictional Area, the provisions of this Boundary Agreement shall not bar such highway annexation, however the annexing party shall file all necessary petitions and take such steps to disconnect or exclude such portion of the highway from the municipality, and the other municipality shall annex said excluded or disconnected highway. 4 DRAFT II-2-07 10. This Agreement shall be in full force and effect for a period of twenty (20) years from the date hereof and for such further and additional time as the Parties hereto may hereafter agree by amendment to this Agreement. 11 . This Agreement shall be construed in accordance with the laws of the State of Illinois and shall be published by the respective municipalities and recorded or filed with appropriate County Recorders, County Clerks, and others as their interest may appear. 12. If either Municipality successfully enforces the provisions of this Agreement against the other Municipality by judicial proceedings, the prevailing party shall be reimbursed for all costs of litigation, including reasonable attorneys' fees and court costs, by the losing Municipality. If litigation should be initiated by any third party challenging this Agreement, or any application thereof to any person or territory, the expenses of defending such litigation shall be shared equally by the two Municipalities. The defense of such litigation and the choice of attorneys shall be controlled by the Municipality whose annexation is being challenged or from whose territory land is to be disconnected. In the event the other Municipality desires to engage additional counsel to defend such litigation it shall be at its own expense. Venue for all litigation related to or arising out of this Agreement shall be in Kendall County, Illinois. IN WITNESS THEREOF, the Parties hereto have caused the execution of their duly authorized officer this day of 52007. UNITED CITY OF YORKVILLE VILLAGE OF MILLBROOK Kendall County, IL Kendall Counties, IL Mayor Village President ATTEST: ATTEST: City Clerk Village Clerk 5 United City f,�'orkviiie CJ O i F0 0 F0�R Yo ville CL f s / IM �G t, e 4n � i Walk rRd Exhibit A Proposed MillbrookNorkville The Data is provided without warranty or any representation of Legend "Requester"to deter i e accuracy,ti. a mess responst6ness,(nd "Requester"to determine accuracy,llmeliness,completeness,end w Boundary Agreement appropriateness of its use.The United tot of use of th makes no Proposed warranties,expressed or implied,totheuseofiheData. October 17, 2007 -Cadastral Base provided by Kendall County G1S �#WM MY"ls r•.' bpuyPo �� ,l ,4'E� ly`.+ � f .. _ _ "1 € �I boww a N IF LY _ I '� N m B'w ••,, ,s afdt R h - 4--0 Ml.ael re ", �• � ,s Y." � � t � 's"�`B � � EI � a'd•�E a � / � U I- s' •�( a �a U 5,1��>� = V Y � P _ W. ��; 3 3Pa � s B W IP•MWY S -_ 1 * N Y i Pa"rv"uw caxnucww •— 5 eJ.-•x.ey �P r i p tic a •o� ' :- � I Jd �- Ul M q Mul PPO.ald+.1 i I �'O0 r' 9 { ' - --- - - - - - CLft a- 4! a All C d q 2' G ¢ >eY y 3 f $ MClim A 4 g � l i E e 8 etl rexa'4 M.IR 0 V Q g3 R `QED Carr Reviewed By: Agenda Item Number 2 A O J n Legal ❑ NEW BUSINESS #10 esr 1836 Finance ❑ Engineer El-�_ Tracking Number to City Administrator F1�� a �a� '�0 Consultant ❑ EDC 2008-07 4LE `tee ❑ Agenda Item Summary Memo Title: Transition Fee Ordinance — Request for Amendment form Newark School District Meeting and Date: EDC — February 7, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: C/) l O� Memorandum a To: Economic Development Committee EST. '� -- 1836 From: Travis Miller CC: Lisa Pickering (for distribution) p Date: February 1 , 2008 Subject: EDC 2008-07 Transition Fee Ordinance — Newark 466 and GE #18 Request for Ordinance Newark School District #66 Superintendent John DeMay has requested the City of Yorkville to adopt a Transition Fee ordinance applicable to future residential units developed within the #66 and # 18 Newark School Districts. Chapter 9 of the City Code (attached) includes provisions for School Transition Fees, and requires the school districts in the City to pass a resolution supporting and agreeing to uphold Chapter 9 and to hold harmless and defend the City for the imposition of the transition fees. Chapter 9 is applicable to all school districts which pass resolution. Section 8-9-5 and 8-9-6 refer to #115 and would need to be amended once Newark passes resolution. (District 115 resolution attached) Transition Fee Amount: The Village of Newark transition fee ordinance requires $5,356.00 per residential unit. (Newark Ordinance attached) Yorkville fee is currently $3,000 per residential unit. Original ordinance — 1993-24 — amount set at $ 1 ,500 per unit o Amended: • 2000-11 — amount increased • City to collect from an building permit applicant and transfer funds to school district within 60 days • No lot platted prior to ordinance is to be encumbered (unless negotiated in PUD/dev. agreement) • Annual Report from School District shall be provided on or about January I " each year. • 2002-04 — amount set at $3,000 per unit • Cost per pupil $6,731 • 0.9 students per new dwelling unit • 2006-68 - Use of Funds amended: allowed for District's: • education fund • operation and maintenance fund • otherwise for land or site improvements including school buildings or other infrastructure 1 Staff recommendation: Request District 18 and 66 to prepare a report using current demographic and economic data to determine and justify the transition fee amount; Request District 115 to provide the same amount along with an annual report as required by section 8-9-3 of the current Code; Instruct Newark School District to pass resolution in the form of the District 115 resolution (attached); Amend Chapter 9 of the City Code to include Districts 18 and 66 and the fee amount, if necessary, depending on the results of the demographic and economic data reports from the districts. 2 Newark Comm. Cons School District # 66 Newark Grade School Millbrook Jr. High 503 Chicago Road 8411 Fox River Drive, P.O. Box 214 Newark, Illinois 60541 Millbrook, Illinois 60536 Phone 815-695-5143 Phone 630-553-5435 Fax 815-695-5776 Fax 630-553-1027 John DeMay, Superintendent November 28, 2007 Travis Miller Community Development Director United City of Yorkville Travis Enclosed find a copy of our agreement with the city of Newark, after you have a chance to review this let me know what we need to do next. Once again thank you for meeting with Pauline and I yesterday. Y urs In Education 0 ohn De ay Superintendent Newark Grade School 8-9-1 8-9- 1 CHAPTER SCHOOL TRANSITION FEES SECTION: 8-9-1 : Fee; Use Of Funds; Payment 8-9-2: Real Property Affected 8-9-3: Annual Report Required 8-9-4: Passage Of Resolution 8-9-5: Property Not Served By School District 8-9-6: Hold Harmless And Defend City 8-9-1 : FEE; USE OF FUNDS; PAYMENT: A. Fee Schedule: The following fee for school transition fees, which shall provide for the current level and quality of educational service being maintained by the city and local school districts, shall be incorporated into any annexation agreement, planned unit development agreement, or development agreement executed with any developer/owner based upon the following fee schedule: three thousand dollars ($3,000.00) per residential dwelling unit payable prior to being issued a building permit by the city for each residential unit. (Ord. 2000- 11 , 3-23-2000; amd. Ord. 2002-04, 3-26-2002; Ord. 2003-66, 10-14-2003) B. Use Of Funds: The transition fees paid to the affected school district(s) shall be used solely in the education fund, or, in cases where a school building is specifically and uniquely attributed to the specific development or subdivision, the fees collected under this section may be used in the school district's education fund , operation and maintenance fund, or otherwise for land or site improvements including school buildings or other infrastructure. (Ord . 2006-68, 8-8-2006) C. Payment: All of said funds shall be paid by any building permit applicant to the proper school district who shall issue a receipt which must be presented at the time a building permit is issued by the city. May 2007 City of Yorkville B-9-1 8-9-4 The city reserves the right at its discretion to require any building permit applicant to pay said funds to the city treasurer who shall transfer funds within sixty (60) days of the receipt thereof to proper school district. (Ord . 2000-11 , 3-23-2000) 8-9-2: REAL PROPERTY AFFECTED: A. Residential Dwelling Unit: Any residential dwelling unit platted after the effective date of the original ordinance assessing a school transition fee, whether single-family, duplex, or multi-family, shall be required to pay the above referenced fees set out in subsection 8-9-1A of this chapter. The imposition of said fee shall be made directly to the affected school district on any real property so annexed, or if previously annexed only within and based upon a written planned unit development agreement, development agreement or annexation agreement executed between the city and the property owner, or applicable developer. B. Residential Dwelling Defined: For purposes of this chapter, a " residential dwelling" shall be defined as each individual single- family home, each individual unit of a duplex, and each individual unit of any multi-family structure. C. Exemption: Any lot zoned for business, office, or manufacturing shall be exempt from the terms of this chapter. D. Prior Platted Lots: No lot platted prior to the effective date hereof shall be encumbered by the terms of this chapter unless it is the subject of a planned unit development agreement or development agreement. (Ord. 2000-11 , 3-23-2000) 8-9-3: ANNUAL REPORT REQUIRED: The city shall require an annual report from each school district that has received transition fees as a result of this chapter. Said report shall be due on or about January 1 of each calendar year. (Ord. 2000-11 , 3-23-2000) 8-9-4: PASSAGE OF RESOLUTION: A. The city shall require each school district whose boundaries currently fall within the said corporate limits with the annexation of any parcel of land to pass a resolution similar to that in exhibit A, attached to May 2007 City of Yorkville 8-9-4 8-9-6 the ordinance codified herein , supporting and agreeing to uphold this chapter. Said resolution shall also agree to hold harmless and defend the city for the imposition of said transition fees on behalf of said school district. B. Failure of any school district to pass said resolution shall relieve the city of any responsibility to impose said transition fees as part of any annexation , planned unit development or development agreement located within that school district. (Ord. 2000- 11 , 3-23-2000) 8-9-5: PROPERTY NOT SERVED BY SCHOOL DISTRICT: In the event residential real property is annexed to the city that is not to be served by the Yorkville School District 115, then and in that event, the said transition fee shall not be required to be paid unless this chapter is amended to include said future school district. (Ord. 1993-24, 8-26-1993; amd. Ord. 2000-11 , 3-23-2000) 8-9-6: HOLD HARMLESS AND DEFEND CITY: The Yorkville School District 115 agrees to hold harmless and defend the city for the imposition and collection of said transition fees on behalf of Yorkville School District 115. (Ord. 1993-24, 8-26-1993; amd . Ord. 2000- 113 3-23-2000) May 2007 City of Yorkuille STATE OF ILLINOIS ) )as COUNTY OF KENDALL ) ORDINANCE 2002- U1A THE UNITED CITY OF YORKVILLE SCHOOL TRANSITION FEE ORDINANCE AND AMENDMENT TO UNITED CITY OF YORICVILLE EXISTING SCHOOL TRANSITION FEE ORDINANCE WHEREAS, the Yorkville Community School District#115 has experienced periods of substantial residential growth and anticipates that it will experience a period of substantial residential growth in the future based on current annexations of residential developments; and WHEREAS, the United City of Yorkville has recognized that residential growth, particularly residential does and will have an immediate impact on Yorkville Community Unit School District#115; and WHEREAS,through meetings,documentation,and an assessment completed by the School District it has been determined that the District will not have sufficient classroom space available for future growth in the student population,and further the Yorkville School District will experience significant shortfalls in current education finding as well as other current fiords necessaiy to provide day to day educational expenses without significant input being made from transition fees caused by the delay in receipt of real estate tax dollars from new development which is uniquely attributable to areas currently being annexed for residential proposes to the City and Yorkville School District;and WHEREAS,the most substantial portion of the District lies within the municipal limits of the United City of Yorkville: WHEREAS,the School District believes that currently,new development in the City will create a need for new school buildings and/or expansion of current buildings,as well as staffing and supplies: NOW THEREFORE upon Motion duly made,seconded and approved by a majority of those members of the City Council so voting,be it enacted as follows: 1. That the School Transition Fee previously charged at the rate of$1,500.00 per residential dwelling unit pursuant to Ordinance No. is hereby amended and shall be charged at the rate of$3,000.00 per residential dwelling unit,commencing with any real property annexed,or subject of a Planned Unit Development Agreement or entered into between an owner or developer of said property and the United City of Yorkville after the date of enactment of this Ordinance amending the earlier School Transition Fee Ordinance. 2. That nothing contained herein shall in anyway modify,void,or in any fashion alter the previously existing Ordinance No. a000--11 for the Collection of School Transition Fees except for the amount of School Transition Fees being assessed against property being annexed,subject to a Planned Unit Development Agreement,or subject to a Development Agreement approved and executed by the Owner or Developer of such real property and the United City of Yorkville after the enactment hereof. 3. That all indenmification provisions whereby the Yorkville Community Unit School District 4115 has agreed to hold the City harmless and indemnify it from any liability as a result of the imposition of said funds shall in tact be continued in full effect. 4. This Ordinance shall be effective from the date of its passage and execution by the United City of Yorkville. IN WITNESS WHEREOF,this hLJ� �/{ 1 is Ordinance has been enacted this d�(�day of i ° `^�h �1 12002.. MIICE ANDERSON JOSEPH BESCO II. VALERIE BURD PAUL JAMES Y. LARRYICOT MARTY MUNNS ROSE SPEARS ( RICHARD STICKA APPROVED Qb�y"me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this A }"Day of �- � 9R , A.D. 2002, .2C�oG � MAYOR PASSED by the City Co ncil of the United City of Yorkville, Kendall County, Illinois this L4644Day of \G ,7 , A.D. 2002. Attest: CITY' CLERK Law Offices of Daniel Je Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553 .9500 LO ( \ \ \ / ) @ 3 % e / ° \ E E \ / ~ CI- 0 � \) Qt) } ! � t ® ! / ) /\ \ / / / ; w } } § § < / co m § ) / � 0 § E � - ® © G § \ ; ƒ © < \ \ \ ) & \ § \ / \ \ / CL I-- � f 2 / (0 \ 3 ) @g « t � \ $ ) , & \ \ •' k / � C / , / e / ƒ/ { ) } } § LL { ( { ( m - / 2 e r (D ® { § C: § E ( R ( 0C: \ \ { m # ! $ (U w ( ) ; ) L \ \ \cu ƒ dk d, ( 3 3 ) ; / ) E§ \ CD 01 \ ` \ \ \ \ _ t k { § \ 2 ® \ ~ f - _ ] ! § § \\ \\ \ \ � \ \ \ \ \ f < o < c = 2 0 LU , 3 < \ \ / \ / d o / d G 3 A 3 RESOLUTION NO. A RESOLUTION OF THE BOARD OF EDUCATION OF THE YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT#115 TO COLLECT AND DISTRIBUTE TRANSITION FEES AND TO APPROVE THE ORDINANCE Of THE UNITED CITY OF YORKVILLE ADOPTED FOR THE BENEFIT OF LOCAL SCHOOL DISTRICTS WHEREAS, THE- UNITED CITY OF YORKVILLE has enacted an Ordinance amending its School Transition Fee Ordinance;and WHEREAS,the Ordinance was enacted to help offset the impact of new development on local school districts for current educational funds expense; and WHEREAS,said school districts are affected by student enrollment generated from said residential developments;and WHEREAS, it is in the best interest of the Yorkville Community Unit School District #115 to accept the Ordinance of THE UNITED CITY OF YORKVILLE Ordinance 92002-04 and to abide by its terms; and NOW,THEREFORE,BE IT RESOLVED by the Yorkville Conununity Unit School District#115 as follows: 1. That the Yorkville Community Unit School District#115 hereby accepts and ratifies THE UNITED CITY OF YORKVILLE Ordinance Amending the Standards and Regulations for Payment of School Transition Fees upon Annexation and/or Execution of a Planned Unit Development or Development Agreement as to Real Property with THE UNITED CITY OF YORKVILLE, being Ordinance#2002-04. 2. That the Yorkville Community Unit School District#115 shall collect said monies pursuant to the Yorkville Ordinance#2002-04, and issue receipts to those Builders,Property Owners,or Developers paying the fees. 3_ That it shall be the responsibility of the School District to collect and distribute the funds pursuant to Ordinance#2002-04 of THE UNITED CITY OF YORKVILLE, 4. That the Yorkville Community Unit School District#115 shall and does release the UNITED CITY OF YORKVILLE from any responsibility to defend any legal Page 1 of 2 worddoc deputyclerk schoolhmudresOlutian action or claim brought against the City and agrees to hold the City harmless and defend the UNITED CITY OF YORKVILLE for imposition of the Transition Fees on behalf of the School District passing this Resolution on any fees collected after the date of enactment of this Resolution by the respective School District adopting the Resolution. THIS RESOLUTION is adopted the 7t1, day of October, 2003 nune pro tune to March 26, 2002, AYES, BOARD OF EDUCATION OF YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT 4115 FL� Mrc _ Burke Mr Crouch BY: id Mr . Dockstader Mr . Fahey BY: Secretary Mr . Fisher Dr . Brenart NAYS NnnP ABSENT N na Page 2 of 2 NOrddw depulyelefk Scb001b01kdMolutiOn ORDINANCE NO. 2007- AN ORDINANCE AAMNDING THE VILLAGE OF NEWARK'S RUPACT FEE REQUIREMENTS WHEREAS, the Village of Newark ("Village's previously adopted Ordinance Number 2005-6- 1 , which set forth the Village's land dedication and impact fee requirements for school sites for new development in the Village ("Impact Fee Ordinance"); and WHEREAS, the purpose of this Ordinance is to amend the hnpact Fee Ordinance to clarify certain provisions of the Ordinance, including the applicability of the Impact Fee Ordinance and its provisions to each of the local public school districts, Newark Community Consolidated School District No. 66 and Newark Community High School District No. 18, within the Village's jurisdiction. NOW THEREFORE, BE IT ORDAINED by the President and the Board of Trustees of the Village of Newark, Kendall County, Illinois, as follows: Section 1 , Village Code Amended. The Village Code of the Village of Newark is the Code is amended by deleting the following stricken language and adding the underlined language to read as follows: ARTICLE 1 : CHAPTER 1. IMPACT FEES/GENERAL SECTION 1.1 : CALCULATION OF LAND REQUIRED FOR SCHOOL SITE DEDICATION: As a condition of approval of a final plat of subdivision, or of a final plat of a planned unit development, each subdivider or developer shall be required to dedicate land for school sites to serve the immediate and future needs of the residents of the development, or cash contribution in lieu of actual land dedication, or a combination of both, at the option of the Village with advice from the school district, in accordance with the following criteria: A. Student to Land Ratio: The ultimate number of students to be generated by a subdivision or planned unit development shall bear directly upon the amount of land required to be dedicated for school sites. The land dedication requirement shall be determined by obtaining the ratio o£ 1) estimated number of students from the development to be served in each school classification; times 2) the minimum recommended acres per school classification; over 3) the maximum recommended number of students per classification as stated herein. The product thereof shall be the acres of land deemed necessary to have sufficient land for school sites to serve the estimated increased number of students in each such school classification. For purposes of the following examples/computation it is presumed that each single-family home will have four (4) bedrooms. For other dwelling units, such as townhouses, apartments, it is presumed that each unit will have two (2) bedrooms. Example: Development A will generate 60 elementary students. Minimum recommended acres per classification x Number of Maximum Acres to be dedicated from estimated students from the development per school classification recommended the development 15 school acreage requirement x 60 students from development /400 max, students = 2.25 acres B. School CIassification and Site Size: Classifications and size of school sites within the Village shall be determined in accordance with the following criteria, which is consistent with the minimum site recommendations of the Illinois Office of Education Standards as adopted by the Illinois State Board of Education: Classification By Grade Group Number Of Students Minimum Acres Of Land Per Student Population Elementary grades K-5 400 15 Junior high grades 6-8 500 25 High school grades 9-12 17000 8o C. Population Density: The estimated number of students generated by a development shall be determined by application of the population density table as set out in this Chapter. This population density table is generally indicative of current and short-range projected trends in family size for new construction. The student populations listed in said table shall be used for all calculations required by this Chapter unless a written objection is filed by the subdivider or developer with the Village Clerk and the superintendent of the applicable school districts prior to approval of the final plat. In the event a written objection is filed, the subdivider or developer shall file a demographic study showing the estimated additional student population to be generated from the subdivision or planned unit development. The final determination of the student population density to be used in the calculations shall be made by the Village board based upon the demographic information submitted by the subdivider or developer and upon such other demographic information as may be submitted by the school district or others. SECTION 1.2: LOCATION OF SITE: School sites dedicated pursuant to this chapter shall be located in accordance with plans and/or standards adopted by the Village with advice from the school district. SECTION 1.3: CONVEYANCE OF SITE: Any lands to be conveyed as a school site pursuant to this chapter shall be conveyed to the applicable school districts within thirty (30) days of the recording of the final plat. The conveyance shall be in accordance with the following criteria A. Title To Site: All sites shall be conveyed to the applicable school districts either by warranty or trustee's deed. The subdivider or developer shall be responsible for conveying good, merchantable title, free of encumbrances, unless the encumbrances are waived by the school district, to the school districts. The subdivider or developer shall be responsible for the payment of all real estate taxes to the date of conveyance. B. Topography, Grading and General Suitability: The slope, topography and geology of the dedicated site as well as its immediate surroundings must be suitable for its intended purpose. The site must be free of environmental and archaeological concerns. 2 C. Site improvements: All sites shall be dedicated in a condition ready for full service of electrical, water, sewer, drainage and streets as applicable to the location of the site, or acceptable provision made therefore. D. Sale of Land: When, in the opinion of the applicable school districts, any parcel of land conveyed pursuant to this chapter becomes unnecessary, unsuitable, or inconvenient for the uses of the ap hLeable school districts, such parcel may be sold as provided by applicable law. The proceeds of such sale shall be used in a manner consistent with the purposes of this chapter. E. Building Permit: No building permit shall be issued until said conveyance has been made. SECTION 1.4: CRITERIA FOR REQUIRING A CASH CONTRIBUTION IN LIEU OF A SCHOOL SITE: When the development is small and the resulting site is too small to be practical or when the available land is inappropriate for a school site, as recommended by the school district, the Village shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication required to the applicable school districts. The cash contribution shall be paid to and held in trust by the s2licable school districts for school grounds as permitted by law to serve the immediate or future needs of children from that subdivision or development or for improvements to any existing school site which already serves such needs. h aprovement under this section shall be liberally construed and shall include, but not be limited to, the development of parking lots; sidewalks; traffic signals; arterial streets; collector streets; internal roadways; connections with sewer, water and electrical lines; playgrounds; recreation grounds; and athletic fields. Improvement shall also include the purchase of any materials, goods or equipment necessary to said development and construction. Improvement shall further include the construction of buildings; additions to existing school buildings; remodeled or renovated instructional and noninstructional spaces in classrooms and the purchase of prefabricated classroom units to be used at the school site. A. Fair Market Value: The cash contributions in lieu of land shall be based on the fair market value of improved, subdivided land, as platted within the development's final plat, that otherwise would have been dedicated as school sites. The Village, based upon investigation, advice and consultation with its financial consultants, has determined that the fair market value of any particular parcel, for purposes of this chapter, shall be and is determined to be ninety eight thousand dollars ($98,000) per acre. The foregoing fair market value shall be used in the determination of cash contributions unless the subdivider, developer, or any other subdivider or developer, or any public body files a written objection thereto. In the event of any such objection, the objecting party shall submit an appraisal showing the fair market value of such improved land in the area of the development. Final determination of said fair market value per acre of such improved land shall be made by the Village board based upon such information submitted by the subdivider or developer and from other sources which may be submitted to the Village board by affected parties, and by information, reports and analysis provided to the Village board by its own consultants. B. Time and Manner of Payment: The cash contribution required herein shall be paid at the time of the approval of the final plat. No building permit shall be issued until said payment has been made. Payments hereunder shall be payable to the applicable school districts serving the subdivision or planned unit development district. Set out in subsection 1.7.0 of this chapter is an example of the computation of the cash contribution. 3 C. Criteria for Requiring Dedication and A Fee: There will be situations in subdivisions or planned unit developments when a combination of land dedication and a contribution in lieu of land are both necessary. These occasions will arise when: 1. Only a portion of the land to be developed is proposed as the location for a school site. That portion of the land within the subdivision falling within the school location shall be dedicated as site as aforesaid, and a cash contribution in lieu thereof shall be required for any additional land that would have to be dedicated. 2. A major part of the school site has already been acquired and only a small portion of land is needed from the development to complete the site. The remaining portions shall be required by dedication, and a cash contribution in lieu thereof shall be required. SECTION 1.5: RESERVATION OF ADDITIONAL LAND: Where the plans of the Village call for a larger school site0 in a particular proposed subdivision or planned unit development than the developer is required to dedicate, the land needed beyond the developer's contribution shall, if so determined by the Village board, be reserved for subsequent purchase by the applicable school districts; provided, that such acquisition is made within one year from the date of approval of the final plat. SECTION 1.6: COMBINING WITH ADJOINING DEVELOPMENTS: Where the subdivision or planned unit development is less than forty (40) acres, a school site which is to be dedicated should, where possible, be combined with dedications from adjoirring developments in order to produce usable school sites without hardship on a particular developer. SECTION 1.7: TABLES: A. Table of Acreage Requirements Per Grade Grouping: (Grade Grouping: K-5, 6-8, 9-12) Elementary Junior High High School Minimum acres (A) 15 25 80 Maximum students (S) 400 50o 1,000 4 B. Table of Estimated Ultimate Population Per Dwelling Unit: (Source: I996 Illinois School Consulting Service, Naperville, IL) Type Of Unit Elementary Junior High Total High Total/Unit K-8 School Detached single-family: 2 bedroom 0. 136 0.048 0.184 0.020 0.204 3 bedroom 0.369 0. 173 0.542 0. 184 0.726 4 bedroom 0.530 0.298 0.828 0.360 1. 188 5 bedroom 0.345 0.248 0.593 0.300 0.893 Attached single-family: (townhouse, row house, quadriplex, etc.) I bedroom -0- -0- -0- -0- -0- 2 bedroom 0.088 0.048 0.136 0.038 0. 174 3 bedroom 0.234 0.058 0.292 0.059 0.351 4 bedroom 0322 0. 154 0.476 0.173 0.649 Apartments: Efficiency -0- -0- -0- -0- -0- 1 bedroom 0.002 0.001 0.003 0.001 0.004 2 bedroom 0.086 0.042 0. 128 0.046 0. 172 3 bedroom 0.234 0. 123 0.357 0. 118 0.475 5 C. School Land Cash Contribution In Lieu Of Land Computation: Based on fair market value (FMV) example of ninety-eight thousand dollars ($98,000.00) per acre. Formula: Contribution = Grade group factor (D) x Minimum acres (A)/Maxi3num students (S) x FMV 1 Type of Unit Elementary Junior High High School Detached single- D A S FMV TOTAL D A S FMVI TOTAL D A S FMV] TOTAL TOTAL PER Family: UNIT 2 bedroom 0.136 15 400 $98,0000 $499.80 0.048 25 500 $98,000 $235.20 0.020 80 11,000 $98,000 $ 36.87 $ 891.80 156.80 3 bedroom 0.369 15 400 98,0000 11356.D8 0.173 25 500 982000 847.70 0.184 80 1,000 98,000 323:16248,03 1,14423 6 3 646.34 4 bedroom 0.530 15 400 98,000 1,947.75 0.298 25 500 98,OOD 1,46020 0360 80 1,000 98,000 -1-,023.-58 3,690;19 2,922.40 6,230.35 5 bedroom 0.345 15 400 98,000 1,267.88 0.248 25 500 98,000 1,215.20 03&3 80 1,000 98,000 -12686:87 2;947;99 0300 2352.00 4,835,08 Attached single-family (townhouse, row house, quadriplez, etc.): 1 bedroom 0.000 15 400 98,000 MOO 0.000 25 500 98,000 $ O.DD FO.O38 80 11000 982000 $ 0.00 $ D.DO 2 bedroom O.D88 15 400 985000 323.40 0.048 25 500 98,000 23520 80 1,000 98,00D -!98:04 856.52 297.92 3 bedroom 0.234 15 400 98,000 859.95 0.058 25 500 98,000 284.20 0.059 80 19000 98,000 347.73 1,606.71 462.56 4 bedroom 0.322 15 400 98,000 1,183.35 0.143 25 500 98,000 710.50 0.173 80 1,000 98,D00 491.89 2;.250;17 0.154 754.60 1,356.32 $3,29427 Apartments: Efficiency 0.000 15 400 98,000 $ 0.00 0.000 25 500 98,000 $ 0.00 rO�O46 80 1 ,000 98,000 $ 0.00 $ 0.00 I bedroom 0.002 15 400 98,000 7.35 0.001 25 500 487000 4.90 SO I,ODO 98,000 2;84 20,09 7.84 2 bedroom 0.086 15 400 98,000 316.05 0.042 25 500 98,000 205.80 80 1,000 98,000 }3&79 882,494 360.64 3 bedroom 0234 15 400 98,ODO 859.95 0.123 25 500 98,000 602.70 0.118 80 1,000 98,000 335.51 2,387.77 925.12 6 CHAPTER 2. TRANSITION IMPACT FEES T SECTION 2.1 : FEE IMPOSED: There is hereby imposed a school transition impact fee in for the construction of new residential structures within the Village of Newark, Kendall County, Illinois, which said fee shall provide for the current level and quality of educational services benefiting the Village and being maintained by the Newark Community Consolidated School District No. 66 and Newark Community High School District No. 18. aad prevision The school transition impact fee for the payment of said fees shall be applicable to bn i�mserperatsd ixte any annexation agreement for land to be annexed into the Village, into any planned unit development agreement for lands already annexed into the Village of Newark, and into any plat of subdivision prepared and recorded in compliance with the terms and provisions of the Village's subdivision control ordinance, for lands currently within or hereafter annexed into the Village based upon the fee schedule and criteria set forth in Section 2.2 of this chapter. SECTION 2.2: AMOUNT OF FEES: The following schedule of school transition impact fees shall apply for all residential dwelling units for which buildine permits are issued: Calendar Year Of Issuance Transition Fee Amount 20&5 2007 $5;000:00 $5,356.00 In 200E 2008 and thereafter, the fee shall be increased from the previous year's level by the same cost of living factor as specified in the Property Tax Extension Limitation Act for the previous year as calculated by the applicable school districts. Said fee is payable at the time each building permit is issued by the Village for each residential unit. The school transition fee shall be paid by separate check made payable to the school district and shall note specifically, the residential dwelling unit or units for which the fee is paid. No building permit shall be issued by the Village of Newark unless and until said payment of the school transition impact fee is delivered to the Village oFn ewaEk applicable school districts. The fee shall be equally divided between Newark Community Consolidated School District No. 66 and Newark Community High School District No. 18. SECTION 2.3: USE OF FUNDS: The school transition impact fees shall be allocated to and used by each school district at its discretion ��AVFWXLafiea fund, pursuant to the requirements of 65 ILCS 5/11-12-5 as amended. SECTION 2.4: REAL ESTATE AFFECTED: A. Dwelling Unit: Any residential dwelling unit hereafter constructed on real estate platted after the effective date hereof, whether single-family, duplex or multi-family, shall be required to pay the school transition impact fee set forth herein. In the case of a duplex or multi-family building, the fees imposed by this chapter shall be payable, as to all units in the structure, prior to the issuance of any building permit for the construction of any part of a duplex or any part of any multi-family structure. Said fee is imposed on all dwelling units hereafter constructed on real estate hereafter annexed into the Village, real estate currently within the Village and developed pursuant to the terms and provisions of a planned unit 7 development agreement, and any real estate currently within the Village of Newark hereafter platted pursuant to a final plat of subdivision prepared and recorded in accordance with the subdivision control ordinance of the Village. D. Defined: "Dwelling unit", as used in this chapter, shall be defined and shall be deemed to include each individual single-family home, each individual unit of a duplex, and each individual unit of any multi-family structure, intended for residential use. C. Exempt Lots: Lots zoned for business, office or manufacturing use shall be exempt from the terms of this chapter, unless the dwelling unit or units is or are constructed thereon. D. Effective: No lot platted pursuant to a plat of subdivision prior to the effective date hereof shall be encumbered by the terms of this chapter, unless it is the subject of a planned unit development agreement incident to the replatting or development thereof or the lot is further subdivided. ARTICLE II: HOLD HARMLESS: This Ordinance is adopted by the Village of Newark at the request of and as an accommodation to the Newark Community Consolidated School District No. 66 and Newark Community High School District No. 18. All funds collected pursuant to the terms of this Ordinance shall be paid to the school districts and are to be used and disbursed solely by the school districts for the purposes herein stated. The Newark Community Consolidated School District No. 66 and Newark Community High School District No. 18 have agreed to and shall hold the Village of Newark harmless and shall defend the Village of Newark in any action or proceeding which may hereafter be commenced challenging the imposition and collection of said transition fees by Districts. Prior to the adoption of this Ordinance, the Districts have executed and delivered to the Village their indemnification and hold harmless agreement. Section 2. Severability and Repeal of Inconsistent Ordinances. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance. All existing ordinances of the Village of Newark are hereby repealed insofar as they may be inconsistent with the provisions of this Ordinance. Section 3. Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Passed this day of 111414 SJ 2007. APPROVED: 49 VILLAGE PRESIDENT' ATTEST: VILLAGE CLERK . 8 AN pNMGOVEMipffAL AGRFENI ENT WIII3 RESPECT TO IMPACT FEES AND SCHOOL SHE DEDICATIONS FORTBE PROVISION OF LAND AND SCHOOL BUR DINGS Usn"ED BY THE VIU AGE OF NEWARK THIS INTERGOVERNMENTAL AGREEMENT with respect to school site dedications and/or impact fees for the provision of land and school buildings imposed by the Village of Newark ("Village) is made and entered into this 9' day of May, 2007 by and between the Village of Newark (hereinafter referred to as "Village ), an Illinois municipal corporation, and the Newark Community Consolidated District # 66, and the Newark Community High School District # 18("District"), a school district organized under the Illinois School Code, ILCS 511-1 et seq. RECITALS WHEREAS, the Village has adopted an ordinance which provides for the dedication of school sites, or for payment of fees in lieu thereof("impact fees"); and WHEREAS, the corporate authorities of the Village and the District wish to establish the terms, conditions and procedures under which school sites are to be dedicated and/or impact fees and are to be collected, administered and expended; and WIIl;REAS, certain real estate, or impact fees in 'heu thereof, may be paid to or received by the District pursuant to said Ordinance; and WHEREAS, said Ordinance contains various restrictions on the use of real estate or cash contributed pursuant to said ordinance; and WHEREAS, Section 10 of Article VII of the Constitution of the State of Illinois and the Intergovernmental Cooperation Act, . 5 ILCS 220/1 er seq., provide authority for this Intergovernmental Agreement to the Village and the District (hereinafter referred to as "Agreement"); and WHEREAS, the Village is a unit of local government of the State of Illinois as provided for in Article VII of the Illinois Constitution, and the Village is a public agency for purposes of the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. (2005); and WHEREAS, the District is a school district organized under the Illinois School Code, 105 ILCS 511- 1 et seq., and the District is a public agency for purposes of the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. NOW, THEREFORE, in consideration of the matters set forth above, the agreements, covenants, representations and undertakings made and contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree, covenant, represent and undertake as follows: 10 RECITALS INCORPORATED. 1 . 1. The above recitals are substantive and are incorporated herein by reference as though frilly set forth. 20 GENERAL DEFINITIONS. 2. 1. Unless the context hereof clearly indicates otherwise, the capitalized words, terms and phrases defined in the recitals and preambles hereto and elsewhere herein shall have the same meanings for all purposes of this Agreement. In addition, in all cases the singular includes the plural, the plural includes the singular and a reference to any gender includes both genders and the neuter, as the case may be. 3. IMPOSITION OF SCHOOL SITE DEDICATIONS AND/OR IMPACT FEES, ACCEPTANCE BY DISTRICT, 3. 1. The Village shall require dedication of school sites and/or impact fees for the provision of land and school buildings benefiting the District pursuant to the Ordinance, with payment of impact fees made directly to the District if applicable. 2 3.2. The provisions of the Ordinance with respect to the dedication of school sites or the imposition of impact fees and the amounts allocable to the various school districts, including the amount allocable to the District, are accepted and agreed to by the District. 4, CONVEYANCE OF REAL ESTATE, 4. 1. All real estate to be conveyed to the District pursuant to the Ordinance shall be conveyed directly to the District by warranty or trustee's dead. 5. SCHOOL SITE DEDICATIONS AND/OR COLLECTION OF IMPACT FEES. 5.1 . As a condition of a building permit or final plat approval for residential housing in the Village, an applicant shall be required to make a school site dedication and/or make payment of impact fees as authorized by the Illinois Municipal Code, 65 ILCS 5/11- 12-5, pursuant to the Ordinance. Payments of impact fees imposed by the Ordinance shall be remitted directly by any subdivider, developer and/or builder to the District. 6, USE OF SCHOOL SITE DEDICATIONS OR IMPACT FEES, 6. 1. The District shall use any school site dedications and/or impact fees received pursuant to the Ordinance only for the purpose and in the manner provided in said Ordinance, as amended, and as provided by 65 ILCS 5/11-12-5, as amended. 7. RETURN OF IMPACT FEES AND/OR REAL ESTATE BY DISTRICT. 7. 1 . In the event that the Ordinance, as amended, or any part thereof, should be declared invalid by any court having jurisdiction over the Village, and in the event that said court requires the return of any real estate and/or impact fees received by the District pursuant to the Ordinance, the District shall return any such designated real estate and/or impact fees as have been received pursuant to said Ordinance as ordered by any court having jurisdiction to the applicable subdivider, developer and/or builder. 3 81 INDEMNIFICATION. 8. 1 . The acceptance by the District of a school site dedication and/or impact fees shall, without further action by the District or the Village, constitute the District's irrevocable agreement to defend, indemnify and hold the Village harmless from and against any claim or action asserted or brought against the Village, its officers, agents and employees, as result, either directly or indirectly, of the enactment, validity, constitutionality, interpretation, enforcement, administration, legality or illegality, collection or expenditure of school site dedications and/or impact fees, including any costs incurred as a result of a lawsuit brought or threatened by the District. 8.2. The Village agrees to give timely written notice to the District of all actions, suits, proceedings, claims and demands regarding the imposition, collection or expenditure of impact fees. 8.3. The District shall indemnify, hold harmless and defend the Village from any and all liabilities that might be incurred by the Village as a result of the failure or delay of the District to return said school site dedications and/or impact fees as required herein, except where such failure or delay is completely beyond the control of the District. 8.4. The District agrees that it shall employ competent and skilled legal counsel to represent the Village and District, and further covenants and agrees that it shall keep the Village fully advised as to the progress and status of the litigation. The District shall provide the Village with copies of all pleadings filed in the litigation and shall consult regularly with the Village and its attorneys in connection with the defense of the lawsuit. 8.5. The Village agrees to cooperate fully with the District and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at any stage of any such litigation. 4 8.6. The District may decline the acceptance of a school site dedication and/or impact fees with respect to a particular building permit, subdivision or planned unit development ('PUD"). In order to do so, the District shall issue written notice thereof to the Village prior to the Village's approval of such permit, subdivision or PUD. The notice shall identify with particularity the property covered by the notice. In the event the Village receives timely notice that the District has declined a school site dedication and/or impact fees with respect to a permit, subdivision or PUD, the District shall not have a duty to defend or indemnify the Village with respect to the property covered by the notice for matters arising after the receipt of such notice. 91 WAIVER OF LIABILITY AND COVENANT NOT TO SUE, 9. 1 . The District unconditionally waives and covenants not to sue the Village for any claim or cause of action it may have, by legal proceeding or otherwise, arising out of the Ordinance or this Agreement including, but not limited to, claims that proper impact fees were not collected, the impact fee amount was insufficient or that the Village is in some way responsible for damages to the District including, but not limited to claims that building permits were granted or plats approved without the proper impact fees being paid to the District, or school sites were not to be dedicated to the District. Liability for any cause of action for impact fees due to the District or school site dedications shall solely be the responsibility of an applicant for a Village building permit or plat approval. 9.2. The District covenants and agrees that it shall not commence or maintain any civil action against the Village, or its officers, agents and employees, for any claim arising, directly or indirectly, out of the enactment, validity, constitutionality, interpretation, enforcement, administration, collection or expenditure of impact fees or school site dedications. 5 10. ENFORCEMENT, 10. 1 . This Agreement maybe enforced by the Village or the District, but not by any third party, in any appropriate action at law or in equity, including, but not limited to, an action for specific performance or writ of mandamus. 10.2. Prior to filing an action to enforce this Agreement, the enforcing party shall first give written notice to the other party describing with particularity the acts or omissions constituting non-compliance with this Agreement. The enforcing party shall also state in the notice the actions required to comply with the Agreement. The party receiving notice shall have sixty (60) days to cure and to give notice of cure to the enforcing party. 10.3. The rights and remedies provided by this Agreement are cumulative and the use of any right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 11. GOVERNINGLAW. 11 . I . This Agreement shall be deemed to be an "intergovernmental agreement" made under and shall be construed in accordance with and governed by the laws of the State of Illinois. 12. EFFECTIVE DATE AND TERM, 12. 1 . As used in this Agreement, the Effective Date of this Agreement shall be the date that the Village Clerk for the Village of Newark attests the signature of the Village President of the Village of Newark. 12.2. This Agreement shall remain in fuIl force and effect until terminated by a written instrument duly executed by the parties hereto or when terminated under operation of law. 13. NOTICES AND COMMUNICATIONS. 13. 1. All notices or other communications required or permitted pursuant to this 6 Agreement shall be deemed sufficient if made in writing and deposited in the United States mail and sent by first class mail, postage prepaid, or by hand delivery, to the persons and addresses indicated below or to such other addresses as either parry hereto shall notify the other parry of in writing pursuant to the provisions of this subsection: Village: District: 13 .2. Whenever any party is required to deliver notices, reports, certificates, opinions, statements or other information hereunder, such party shall do so in the number of copies as shall be reasonably specified pursuant to section 14.1 above. 14. HEADINGS AND TITLES, 14. 1 . The headings or titles of any provisions of this Agreement are for convenience or reference only and are not to be considered in construing this Agreement. 15, COUNTERPARTS. 15. 1 . This Agreement shall be executed in counterparts, each of which shall be considered an original and together shall be one and the same Agreement. 16, SEVERABILM. 16. 1 . If any of the provisions of this Agreement are determined by a court of competent jurisdiction to be invalid, such provisions shall be deemed to be stricken, and such adjudication shall not affect the validity of the remainder of the terms of this Agreement as a whole or of any section, subsection, sentence or clause not adjudged to be invalid. 7 17. AMENDMENTS AND MODINCIATIONS. 17. 1. This Agreement maybe modified or amended from time to time provided, however, that no such amendment or modifications shall be effective unless reduced to writing and duly authorized and signed by the authorized representatives of the parties. 18. BINDING AUTHORITY. 18. 1 . The individuals executing this Agreement on behalf of the District and the Village represent that they have the legal power, right, and actual authority to bind their respective parties to the terms and conditions of this Agreement. 19, NON-WAIVER 19. 1. Except as herein expressly provided, no waiver by a party of any breach of this Agreement by the other party shall be deemed to be a waiver of any other breach by such other party (whether preceding or succeeding and whether or not of the same or similar nature), and no acceptance of payment or performance by a party after any breach by the other party shall be deemed to be a waiver of any breach of this Agreement or of any representation or warranty hereunder by such other party whether or not the first party knows of such breach at the time it accepts such payment or performance. 192. No failure or delay by a party to exercise any right it may have by reason of the default of any other party shall operate as a waiver of default or as a modification of this Agreement or shall prevent the exercise of any right by the first parry while the other party continues to be so in default. 20. ENTIRE AGREEMENT, 20. 1 , This Agreement contains the entire agreement between the parties respecting the matters herein set forth, and supersedes all prior agreements among the parties hereto respecting such matters, if any, there being no other oral or written promises, conditions, representations, 8 understandings, warranties or terms of any kind as conditions or inducements to the execution hereof and none have been relied upon by either party. 20.2. All negotiations between the parties are merged in this Agreement, and there are no understandings or agreements, verbal or written, other than those incorporated in this Agreement. IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed by proper officials duly authorized to execute the same as of the date set forth beneath the signatures of their respective officers set forth below. VRLAGEOFNEWARK DISTRICT BY (Sat y pt N ( tin d BY Its: ?ms'* t ATTEST ATTEST - -- &�al BY; M j'vbns0v, By: f� Its: Cl tvk Its: ' r ZAPLS\Kew k Community No. 66ftpact fee agreement 04-03-07.dw DISTRICT #66 By: �QVi� � VV�S Its: Qt"N—ew.- ATTEST By: d de+/ Its: c C1Q t�j64 9 ♦��D C/py Reviewed By: Agenda Item Number O J T Legal ❑ NEW BUSINESS # 11 esT yeas Finance ❑ Engineer En ❑ g Tracking Number ® � v/ City Administrator ❑ Consultant ❑ EDC 2008-08 ALE ♦ Fl Agenda Item Summary Memo Title: Policy for Legal Fees Paid by City for Annexation Agreements - Discussion Meeting and Date: EDC — February 7, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Meghan Gehr Administration Name Department Agenda Item Notes: This item was requested to be added to the agenda for discussion by Alderman Besco. No additional information has been provided. `OFD C/p- Reviewed By: Agenda Item Number J2 Legal ❑ �CWUstN i esr 1 _ 1836 Finance F-1 Engineer El-�` g Tracking Number 04 ��, City Administrator ❑ O Consultant ❑ ADC ap�jg _ LE ❑ Agenda Item Summary Memo Title: Committee Liaison Appointments Meeting and Date: EDC—February 7, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Meghan Gehr Administration Name Department Agenda Item Notes: See attached memo. Memorandum EST. " � ,, 1936 To: Economic Development Committee O �r e N From: Meghan Gehr, Administrative Assistant .p �$ q Date: January 31 , 2008 Subject: Committee Liaison Appointments CE Per Section 4.E. of the Governing Ordinance, members of each standing committee are asked to serve as liaisons to other city organizations that fall under that committee' s area of business. The Economic Development Committee should appoint its members to serve as liaisons for the following organizations: ECONOMIC DEVELOPMENT COMMITTEE Chamber of Commerce Kendall Co. Economic Development Plan Commission Bristol Plan Commission Yorkville Economic Development Corp. Aurora Area Convention & Tourism Council Downtown Re-Development Listed below are the organizations and their liaisons already appointed by the other 3 standing committees: ADMINISTRATION COMMITTEE Metra Alderman Wally Werderich Library Alderman Jason Leslie Cable Consortium Alderman Gary Golinski PUBLIC SAFETY COMMITTEE Human Resource Commission Alderwoman Rose Spears KenCom Alderwoman Rose Spears School District Alderwoman Robyn Sutcliff PUBLIC WORKS YBSD Alderman Joe Besco Park Board Alderman Joe Plocher e/% Reviewed By: Agenda Item Number Legal ❑ � 1_1.�� l� Cr�iP�il ` . Esr M__ tam Finance ❑ Engineer ❑ Tracking Number y City Administrator ❑ O_ Consultant ❑ � �� Agenda Item Summary Memo Title: Comprehensive Plan—Planning Area Discussion Meeting and Date: EDC February 7,2008 Synopsis: Objective: to determine the Planning Area boundary for the Plan Commission to use for the Comprehensive Plan Future Land Use Map for the 2008 Update. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Identify and advise Plan Commission of the Planning Area Boundary Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached reference material requested at previous EDC i � - r r .{f I I I r j f i j I �F r-'••d x o i s � n l _ I 4 'r i� i--__ I I I '•� i f rid I <•° nnE o� I ` -J I i •` .' �_ ��,�,�0�[ 1 rl �' l ++ iJ �`.�-� � I i ?" _mil\�'-1 C t V� m ti 1!7 -J'1 � ."re.��_ I - -- -9� J ��i f -Y• / P"r' e£meom I-_-'r. d5 7 � `J -� ' = II'-�4j (__' � � Lf j 'i-.� L. \ � r_ —___ —_-1` 2•_•E o E - -- - - -- - --------------- -'-- - -- - - -- - - -'� -J l i �1 z ri t <; ti •, ;�,f J 111� y , _ J • ' n L ��il_ �J' F 'eisoma J I -12 Ln � i C— ' .. --1 m a•'a ie — ._, I I + _ 1 f _ _J - -— i —■ - ■ ! i � r •U; � 1 - t-J rl " tie if !�2_� aJ - I Jl �� • � � I � -1 2.T ` •� to -"----- --------------------------------- --- ---I 11 --------------- - 1 --L----- ------ -----I'------------------ U d -- ------ ---------------------- �1�--�------------------- -- -` CL I I -- KANE _ CmNTY KENDALL COUNTY EAV '"" ; .LL.,c r A1ONT fi , TRANSPORTATION PLAN 1 , SOLIDER HIII a o t . 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I ITI O 3 CUD; a �c � U `0 ap i C/p` Reviewed By: Agenda Item Number '2 aA O�A Legal ❑ OLD LK)F—,� #02 esr. 1! 1836 Finance F1 Engineer ❑ Tracking Number �9 an y City Administrator ❑ .. �O Consultant ❑ EDC 2007-34 <CE Eby` F1 Agenda Item Summary Memo Title: Draft Financial Institution Location Policy and Zoning Ordinance Amendment Meeting andDate: Economic Development Committee,Thursday,February 7,2008 Synopsis: Draft policy to guide future locations of financial institutions Zoning ordinance to change banks to a special use in business and office districts Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Department Name Department Agenda Item Notes: Staff received direction from the Economic Development Committee at the December 11, 2007 meeting to prepare a draft policy for financial institutions, and an amendment to the current zoning ordinance to change financial institutions from permitted to special uses within office and business districts. United City of Yorkville Financial Institution Location Policy Background: Currently banks, credit unions and savings and loans associations are permitted in the O Office, B- 1 Limited Business, B-2 General Business, B-3 Service and B-4 Business Zoning Districts as a permitted use. For the purposes of this policy statement, when we are referring to a financial institution we not include drive-up ATM pedestals or small accessory uses in a large retail outlet. Drive through facilities for financial institutions do not require a Special Use Permit. As with all other non-residential developments, financial institutions do have to go through a formal site plan approval process. In recent years large numbers of financial institution "branch" facilities have become a characteristic of this commercial use. Currently we have eight financial institutions in the City of Yorkville with one building a new building. Three new financial institutions are under construction. All of them are either in the Route 47 or Veteran's Parkway corridors and are either zoned B-3 or B-4. In recent years a number of communities in the Chicago region have enacted various land use controls relating to the location and design of financial institutions. Financial Institution Location Policy • The following policy dictates are not meant to apply to financial institutions that are an accessory use or ATM in a larger retail store; • Financial institutions shall not be located at the corner of two arterial streets or an arterial and a collector street; • Financial Institutions in all Office and Business Zoning Districts must require a Special Use Permit; • Financial institutions with drive through facilities must require a Special Use Permit for the drive through facilities; • No more than 15% of the total lot area of should be allowed for a financial institution building, parking and drive through lanes. • Financial institutions should be located at least 1000' from any other financial institution. ARTICLE A. O OFFICE DISTRICT 10-7A-1: USES PERMITTED: Advertising agency. Barber shop. Beauty shop. Bookkeeping service. Club -private indoor. Coffee shop. College, university or junior college. Commercial school, trade school - offering training in classroom study. Gfedit Union. Detective agency. Drive through facilities subject to the following conditions, 1. Can not be located in a front yard or side yard adioining a public right-of way 2. Each drive through lane must have at least four stacking spaces 3. The drive through lanes and stacking spaces can not face a residentially zoned area. If one of these conditions is not met see Special Uses below Employment office. Engineering office. Government office. Income tax service. Insurance office. Library. Manufacturing agent's office. Medical clinic. Park. Professional offices. Public accountant. Real estate office. Stenographic service. Stock broker. Telegraph office. Ticket office. Title company. Travelagency. Utility office. (Ord. 1973-56A, 3-28-74) 10-7A-2: SPECIAL USES: Banks Credit Unions Daycare centers. Drive Through Facilities Planned developments. Savings and Loan associations Solid waste disposal site. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1995-20, 8-10-1995) 10-7A-3: LOT AREA: No lot shall have an area less than twenty thousand(20,000) square feet. (Ord. 1973-56A, 3-28- 1974) 10-7A-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than thirty feet(30'). B. Side Yards: Aside yard on each side of the zoning lot of not less than ten feet(10'), except where a side yard adjoins a street, the minimum width shall be increased to twenty feet(20'). C. Rear Yard: A rear yard of not less than twenty feet(20'). (Ord. 1973-56A, 3-28-1974) 10-7A-5: LOT COVERAGE: Not more than fifty percent(50%)of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) 10-7A-6: MAXIMUM BUILDING HEIGHT: A. No building or structure shall be erected or altered to exceed a maximum height of six(6) stories or eighty feet(80'), whichever is lower. B. No building or structure shall be erected or altered to exceed a maximum height of three(3) stories or thirty five feet(35')within the "downtown area" as described by exhibit A, attached to the ordinance codified herein. (Ord. 2006-67, 8-8-2006) 10-7A-7: OFF STREET PARKING AND LOADING: All in accordance with regulations set forth in chapter 11 of this title. (Ord. 1973-56A,3-28- 1974) `��O CIPy Reviewed By: Agenda Item Number J= �Qti� Am i Legal El Finance EST. ` 1836 F1 _ Engineer ❑ Tracking Number � p q City Administrator ❑ f 'P I, ` ' „ p\ Consultant ❑ ❑ <CE \\ Agenda Item Summary Memo Downtown Yorkville Tax Increment Financing Redevelopment Project Area Title: Amendment Meeting and Date: EDC February 7, 2008 Synopsis: The proposed amendment removes two parcels from the TIF Project Area. The parcels are currently owned by Mayor Burd and this ownership would result in a conflict in the event Mayor Burd engages in discussions related to redevelopment projects utilizing TIF revenues. Council Action Previously Taken: Date of Action: 6/13/2006 Action Taken: Approval the Downtown Yorkville TIF Redevelopment Plan and Area Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: ORDINANCE No. AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN AMENDMENT TO THE DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA, WHICH REMOVES CERTAIN PARCELS FROM THE PROJECT AREA WHEREAS, the Mayor and City Council (collectively, the "Corporate Authorities"), of the United City of Yorkville, Kendall County, Illinois (the "City"), pursuant to the Tax Increment Allocation Redevelopment Act, as amended (the "TIF Ac(") (65 ILCS 5/11 -74.4- 1 , et seq.), approved the Downtown Yorkville Tax Increment Financing Redevelopment Project Area on June 13, 2006, pursuant to Ordinance No. 2006-47 (the "Area"); and, WHEREAS, the Corporate Authorities of the City now desire to amend the Area by removing properties identified by parcel numbers 05-39- 156-014 and 05-39- 156-018 which are legally described in Exhibit A, and depicted in Exhibit B, which exhibits are attached and made a part of; and, WHEREAS, after the removal of these parcels, the parcels that remain will be referred to as the "Amended Area'; and, WHEREAS, pursuant to Section 1 I -74.4-5(a) of the TIF Act: "Changes which do not (1 ) add additional parcels of property to the proposed redevelopment project area, (2) substantially affect the general land uses proposed in the redevelopment plan, (3) substantially change the nature of or extend the life of the redevelopment project, or (4) increase the number of inhabited residential units to be displaced from the redevelopment project area, as measured from the time of creation of the redevelopment project area, to a total of more than 10, may be made without fiuther hearing, provided that the municipality shall give notice of any such changes by mail to each affected taxing district and registrant on the interested parties registry, provided for under Section I1 -74.4-4.2, and by publication in a newspaper of general circulation within the affected taxing district."; and; WHEREAS, the Amended Area includes only those contiguous parcels of real property and improvements thereon that will substantially benefit the City. 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 foregoing preambles are adopted as if restated. Section 2. The amendment to the United City of Yorkville Downtown Yorkville Tax Increment Financing Redevelopment Project Area, which removes parcel numbers 05-39- 156-014 and 05-39- 156-018 from the Area and results in the Amended Area, is approved. Section 3. The date of completion of the redevelopment project is not extended beyond December 31 , 2029, as permitted by law. Section 4. Pursuant to the TIF Act, the changes made to the Area through this Ordinance shall be mailed to registered interested parties and taxing districts, and shall be published in a newspaper of general circulation, no later than ten (10) days following the passage of this Ordinance. Section 5. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. PASSED this day of 52008. WALLY WERDERICH MARTY MUNNS JASON LESLIE ROBYN SUTCLIFF ARDEN JOE PLOCHER ROSE SPEARS GARY GOLINSKI JOSEPH BESCO 2 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this th day of A.D. 2008. Valerie Burd MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this _the day of A.D. 2008. Attest: Jacquelyn Milschewski CITY CLERK 3 EXHIBIT A LEGAL DESCRIPTION That part of Block 5 in Black's Addition to Yorkville described as follows: Commencing at a point on the East line of said Block 5 which is 120.0 feet northerly of the southeast comer of said block; thence westerly parallel with the North line of Van Emmon Street, 60.0 feet; thence westerly parallel,with the Center line of the Burlington Northam Railroad main track, 77.66 feet for a point of beginning;thence westerly parallel with said center line, 104.66 feet to the East line of Mill Street; thence northerly along said East line; 133.48 feet to a point which is 83.0 feet southerly of said center line;thence easterly parallel with said railroad center line, 103.50 feet; thence southerly at right angles to said center line 133.48 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois. Reserving in Grantor an easement for ingress, egress and utilities described as follows: The southerly 40.0 feet of the following described tract; that part of Block 5 in Black's Addition to Yorkville described as follows: Commencing at a point on the East line of said Block 5 which is 120.0 feet northerly of the southeast corner of said block; thence westerly parallel with the North line of Van Emmon Street, 60.0 feet; thence westerly parallel , with the Center line of the Burlington Northern Railroad main track, 77.66 feet for a point of beginning; thence westerly parallel with said center line, 104.66 feet to the East line of Mill Street; thence northerly along said East line; 133.48 feet to a point which is 63.0 feet southerly of said center line; thence easterly parallel with said railroad center line, 103.50 feet;thence southerly at right angles to said center line 133.48 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois. PARCEL TWO: I impart of said North hest fractional quarter described as follows: Qxavenc - ', ing at a point on the East line of Mill Street which is 63.0 feet South of the center line of the Burlington Northern•Pailroad main track; thence Southerly along said East line, 75.90 feet; thence Easterly parallel with the North line !of Van D=n Street, 247.50 feet;. thence Northerly parallel with said East. (line, 28.21 feet'.to the Northerly line-ofa.tract of land conveyed to Pobb 4Contai.ner Corporation by a warranty deed recorded September 8, 1972 as Docu sent 724201 extended Westerly; thence Easterly along said extended Northerly: line ard'said Northerly line, which forms an angle of 90 degrees, 29 minutes, 59 seconds with the last described course, measured counter clockwise there ;from, 149.0 feet for the point of beginning,. thence Westerly along the last described course, 149.0 feet; thence Northerly parallel with said East line of Mill Street, 56.22 feet to a point which is 10.0 feet, normally distant, - Southerly.;of. side track number 2 of the Burlington Northern Pailroadi thence , Easterly along a-line which if extended 210.89 feet Mould terminate at apoint �30.O.feet,*normally distant, Southerly;of the.center line of the main track of t ' d.railroad; 150,55 feet to a line'drawn�mrtherly, parallel with said East '. -line of Mill street f" the point of beginning; thence Southerly along said parallel line 76.52 .feet to the point of beginning, in the United City of the j `illage of Yorkville, Kendall County; 711i.mis. 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